HomeMy WebLinkAbout2005-12-14 Planning & Zoning Packet COMMISSION CHAIR REPORT
December 14, 2005
REGULAR COMMISSION MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
ADD:
7~
Memo from Rebecca Cronkhite,
Airport Manager
STAFF
7f Letter from Ted Crookston STAFF
nal
Municipal Airport
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907-283-7951
FAX 907-283-3737
Memo
T0'
From:
Date-
Subject:
Marilyn Kebschull - Kenai City Planner
Rebecca Cronkhite- Airport Manager
December 14, 2005
Commission Recommendation - Johnson Lease Application
At their December 8 meeting the Airport Commission discussed the Ronald J. Johnson lease
application. The Commission was asked to consider four questions. The following
determinations were all approved by unanimous consent.
If the intended use complies with the Airport Master Plan. The intended use is non-
aviation related and does not comply with the 2005 Master Plan Update.
If the lease application complies with the airport land use plan and airport layout
plan. The proposed lease clearly does not comply with the 2005 Land Use Diagram.
The land use diagram designates this area for aviation related use.
)~ If it does not, can an interim use be allowed? Yes
Is there a determination when the land would be needed for uses that conform with
the land use plan? There was a lengthy debate on the interim time that should be
recommended. The majority of the concern was that the proposed development if
allowed on a short-term lease, with no option to purchase, might be constructed and
landscaped in a manner that would adversely impact the public perception of the airport
as an attractive asset to the City. The final decision was to recommend a 12.5-year lease
with no option to purchase contingent on improved landscaping of the current lot
including a buffer hedge on the street side of the property and similar landscaping on the
new development. Commission recommended that the landscaping requirements be part
of the lease.
The Airport Commission recommended Council approval of the lease with all the listed
stipulations.
www.ci.kenai.ak.us.
Ted Crookston
42321 North Cook Inlet
Kenai, AK 99611
December 13, 2005
City of Kenai
Planning and Zoning Commission
Dear Commission Members;
This statement is regarding the Tidelands Lease Application which I have in process with
the City of Kenai.
I regret not being able to attend this Planning and Zoning meeting as I am currently out of
the State for the holidays and will not remm to Kenai until mid January.
Since the question of whether the contemplative use of a shore fishery falls within the
zoning ordinance is not a controversial issue and is a simple straightforward matter, I
decided to forgo the excessive time and expense which would have been required to
attend this meeting.
However, I wish to express my interest in the matter and also my appreciation to the
commission for the service they render to the community.
Sincerely,
Ted Crookston
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
December 14, 2005 - 7:00 p.m.
le
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-comroversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
0
*APPROVAL OF MINUTES:
a. *November 9, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
e
PUBLIC HEARINGS:
a. PZ05-65~An application for a variance from the development requirements for
maximum height for the property known as Tract A, Papa Joe's Subdivision, Chumley
Replat (9520 Kenai Spur Highway), Kenai, Alaska. Application submitted by Kenai
Church of God & Klauder & Company, 606 Petersen Way, Kenai, Alaska.
b. PZ05-66 - An application for an Encroachment Permit for a side yard setback for the
property known as Lot 5, Block 1, Thompson Park Subdivision (150 Fern Street), Kenai,
Alaska. Application submitted by Bruce Passe, P.O. Box 2558, Soldotna, Alaska.
e
OLD BUSINESS:
a. Board'of Adjustment Decision- Snow- Remand to Commission- Discussion
7. NEW BUSINESS:
a. *PZ05-63 - Application for a home occupation permit for a daycare for the property
known as Lot 4, Block 1, Three W's Subdivision Amended (550 Wortham Avenue),
Kenai, Alaska. Application submitted by Patsy A. Easling, 550 Wortham Avenue, Kenai,
Alaska.
b. PZ05-64 (PZ99-06)~A request for transfer of Conditional Use Permit PZ99-06 (Storage
Yard) from Beaver Loop Partnership to Nabors Alaska Drilling, Inc. for the property
described as Tract B, BLP Subdivision (1755 Cone Avenue), Kenai, Alaska. Transfer
requested by Nabors Alaska Drilling, Inc., 2525 C St., Suite 200, Anchorage, Alaska.
c. *PZ05-67 - Application for a home occupation permit for a daycare for the property
known as Lot 33, Block 1, Redoubt Terrace Subdivision (1612 Tanaga Avenue), Kenai,
Alaska. Application submitted by Jan Stiers, 1612 Tanaga Avenue, Kenai, Alaska.
Agenda Page 2
December 14, 2005
d. PZ05-69 (PZ05-06)~A request for transfer of Conditional Use Permit PZ05-06 (Meal
Preparation Business) The Family Table from Cheney McLennan to Laura L. Ganshow
for the property described as KN T06N R11W S 34 NWl/4 SW1/4 SW1/4 NE1/4 (601
Davidson Street), Kenai, Alaska. Transfer requested by Laura L. Ganshow, 405 Birch
Street, Kenai, Alaska.
e. Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park- Ronald J. Johnson
d/b/a Kenai Mini Storage & Rentals, Inc.- Discussion and Recommendation
f. Tidelands Lease Application- City of Kenai Shore Fishery No. 2 - Discussion and
Recommendation
g. Land Use Table- Footnote 19- Code Amendment- Discussion
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning'
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (10/10/05 & 10/25/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting- Development of a Mixed Use Overlay
Zone - Discussion
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
November 9, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Administer Oath of Office
c. Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *October 26, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Lease Application, Tract B-1, Baron Park No. 10; Tract C, Baron Park No. 5; and Lot 1,
Baron Park No. 5 - Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc.
- Discussion and Recommendation.
b. FY2006- Capital Improvement Plan- Public Workshop
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
a. Code Enforcement Officers Report
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS'
a. Planning & Zoning Roster
b. Zoning Bulletin (10/10/25)
13. COMMISSION COMMENTS & QUESTIONS'
14. ADJOURNMENT:
CITY OF KENAI
PLANNING/h ZONING COMMISSION
CITY COUNCIL CHAMBERS
NOVEMBER 9, 2005 - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chair Hammelman called the meeting to order at approximately 7'00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioner absent:
Others present'
L. Chase, J. Twait, N. Amen, R. Lawrence, J. Hammelman,
P. Bryson
B. Eldridge
Department Assistant N. Carver, City Planner M. Kebschull,
Council Member R. Ross, City Attorney C. Graves, Acting
City Manager C. Kopp, and Public Works Manager J. La
Shot.
1-bo
Administer Oath of Office
City Planner Kebschull administered the oath of office to Ryan Lawrence.
Lawrence took his seat on the dais.
Mr.
1 'Ce
Agenda Approval
ADDITIONAL
INFORMATION:
ADD AS:
Item 7-b, FY 2006 CIP Plan Discussion
Item 12-c, Limited Commercial Rezone/Kenai Spur Highway
MOTION:
Commissioner Bryson MOVED to approve the agenda with the inclusion of the lay
down information. Commissioner Nelson SECONDED the motion.
VOTE:
Chase Yes Twait Yes
Amen Yes Lawrence Yes
Yes
Bryson
Eldrid§e I
Hammelman
Absent
Yes
MOTION PASSED UNANIMOUSLY.
X-do
Consent Al/ienda
MOTION:
Commissioner Nelson MOVED to approve the consent agenda as presented and
Commissioner Bryson SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 2:
APPROVAL OF MINUTES-- October 26, 2005
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS -- None.
ITEM 5'
PUBLIC HEARINGS-- None.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
Discussion/Recommendation -- Lease Application, Tract B-1, Baron
Park No. 10; Tract C, Baron Park No. 5; and Lot 1, Baron Park No. 5 -
LoUnsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc.
City Planner Kebschull reviewed the staff report, noting:
· The Kenai Municipal Code directs the Commission to determine if the
intended use of the lease application meets the Zoning Code and the Comprehensive
Plan.
· The parcels are zoned Light Industrial and the proposed use is to
construct a 235,000 sq. ft. Wal-Mart store, including merchandise, a garden center,
tire/lube express, gas station, which are all permitted leases under the Land Use
Table.
· The parcels are listed as Central Commercial in the Comprehensive Land
Use Plan which is defined as "a district supporting retail, service, and office
businesses that serve all of Kenai and the larger region. It is the Kenai sub-region
main commercial district. Retail service, office, and public uses are predominate."
· Based on the Land Use Table in the Zoning Code and the Land-Use
Designation in the Comprehensive Plan, the proposed lease application meets the
requirements.
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 2
Chairman Hammelman explained the following:
· The typical process would be for the Commission members to discuss the
issue.
· Though the matter does not require a public hearing, an opportunity
would be given for public comments.
· The Commission's actions would be to determine whether or not the
intended use of the applicant is in line with and complied with the zoning ordinance
and the Comprehensive Plan.
The Commission would not be reviewing the application other than
related to the intended use; they would not be approving the lease; or would they be
making a recommendation to the City Council on whether or not they should approve
the plan or lease application.
The Commission would only review the intended use and the zone.
· The Commission was bound by the city ordinances on whether or not the
application meets the requirements.
· The lease application would be before the City Council, where the
application would be discussed, etc.
Hammelman requested those wishing to speak to keep their comments to three-
minutes, to sign in, and state their names and addresses for the record.
Debbie McKay, 55441 Chinook Road, Kenai -- Questioned whether the Commission
would be reviewing the property's use with regard to wetlands.
Hammelman explained, he did not know if the wetland issue would go before council,
but it would most likely be a part of the permitting process for the development of the
site. Kebschull stated, if there would be wetlands involved in the development, the
normal permitting process would be followed through the State.
McKay noted, she understood the Corps of Engineers would not be able to perform
their wetlands survey until summer and therefore she did not believe the start date for
development in April would be accurate. She added, she would take the concern up at
the council level.
Chad Broterious, 47785 Michelle Avenue, Soldotna -- Asked where to find
information related to the economic benefits of Wal-Mart coming to Kenai.
Hammelman stated the Commission did not have that information nor did he know
whether that information would be developed through the lease application process.
Kebschull noted the lease application would be considered at the November 16 council
meeting, beginning at 7'00 p.m.
Peter McKay, 55441 Chinook Road, Kenai -- Asked if the Commission would be
involved in the terms of the lease and Hammelman stated no. McKay stated he
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 3
believed the second paragraph of the K. Howard memorandum was unclear. City
Attorney Graves explained, in the 1960's a large parcel (now known as Central Kenai)
was deeded to the City to hold in trust for the airport. When revenue is generated
from that property, it is placed in an Airport Trust Fund which is separate from the
General Fund; under federal regulations, the money may only be used to pay for the
airport; there are specific restrictions on the use of airport property; a portion of the
property is currently used for a ballfield and camping area which is an allowed use
until such time as the airport has an economic use or physical use for the property;
and, when there is a use for the property, the property may no longer be used for
camping or park without paying the airport for it. Graves added, if the property were
leased by the city to Wal-Mart, the lease revenue would go to the Airport Fund.
J°n IValters~ $03 Bluff Street~ Kenai -- Walters questioned whether the proposal was
on a fast track and if the Commission decided there were no significant questions,
would there be a future hearing related to the lease application. Hammelman
answered, the Commission would not evaluate the details of the proposal; they would
not review the application in detail; they would only review the intended use of the
applicant and the zoned area in which it would be developed; and, the issue would be
before the council on November 16.
Kristine Schmidt, 513 Ash Avenue, Kenai -- Disagreed with what the Commission's
obligation was and read from the code, related to the consideration of applications and
the highest and best use of the property. She requested action be postponed on the
application until the lease could be reviewed and answers to the public's questions are
answered. Schmidt referred to questions she outlined in a letter she distributed to the
Commission, i.e. highest and best use; airport Supplemental Planning Assessment;
conflict to the Comprehensive Plan; landscaping plan should be included with the site
plan; highway strip development; rezoning to General Commercial; and, allowance of
RV parking which would compete with local businesses. Schmidt stated she believed
the Commission was limiting itself in considering only whether the site plan met the
requirements of the Light Industrial Zone.
Margaret Menting, 50375 Onslow Avenue, Kenai-- Noted, in 2001 there were
meetings at the Kenai Senior Center to discuss future plans and there were no
discussions related to Wal-Mart. She added, discussion did note protection of
wetlands and flood plains from adverse development. Menting stated, she hoped when
the proposal was considered, concern would be given to loss of wetlands.
Roy Wells, 410 Lawton Drive, Kenai -- Asked if the Commission was continuing on
the path to make a decision whether the lease application was meeting the zoning
criteria. Hammelman answered yes.
Laura Sievert, 3329 Beaver Loop Road, Kenai -- Asked if the public would have the
opportunity to ask questions at the council meeting, i.e. whether it would be the best
use of the property, questions related to the Comprehensive Plan, etc. Council
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 4
Member Ross stated there would be a public hearing at the start of the meeting and
the public should pose their questions at that time. He added, the concerns of the use
of wetlands, ingress/egress, etc. come into review during the building permit phase if
the lease application is approved. Upon the lease application being approved, there
would be the submission of the building permit at which time landscaping, etc. would
be reviewed.
Joe Ray Skrha, 150 North Willow, Suite 2, Kenai -- Stated he was speaking on
behalf of himself and other clients and business people in Kenai. He explained, he
believed the City and the Commission were abridging their duty and responsibility by
not investigating whether or not the Wal-Mart development would be the highest and
best use for the property and whether it would conform to the Airport Master Plan.
Skrha added, the Commission could be included in a lawsuit if one is filed; stated
concern of WE-Mart's reputation for the demise of small businesses; is it the highest
and best use of the property; and, concern the lease amount was too little.
Graves stated he believed the lease amount Skrha suggested was off base and noted
the Code required all airport lands be charged six percent of fair market value and the
property is required to be appraised.
Gerald Brookman, 715 Muir Avenue, Kenai -- Realized there would be tax revenue
received to the City if the project goes forward; there would be increased shopping
opportunities for residents; and, urged the Commission look into the provisions of the
lease thoroughly.
Jason Carroll, 407 Eadies Way, Kenai -- Stated he believed the "highest and best
use" would be in the eye of the beholder; through his job as Manager of the First
National Bank he had spoken with many of business owners in Kenai, and all stated
they believed having a Wal-Mart in Kenai would be good for their business due to the
extra traffic that would be coming into the city; those businesses who survived KMart,
he believed would survive Wal-Mart; and, those business owners to whom he spoke
felt Wal-Mart would be a benefit to them and from their standpoint, that would be the
highest and best use.
Bill Osborn -- Osborn stated he has lived in Kenai since 1969 and the proposed
property has always been undeveloped and felt the best use of the property would be
to develop it and be of benefit to all the citizens.
Barbara Ruckman, 1109 Colonial Drive, Kenai-- Stated she was raised in
Anchorage and the comments being stated during the meeting were the same as those
heard in Anchorage when a new business would be developed; remembered when
KMart was developed, the city's and Peninsula's economy did better; and, people will
stay at home and shop because there will be more available. Many of her family and
friends are very pleased Wal-Mart has submitted the lease application.
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 5
Roy Wells, 410 Lawton Drive, Kenai -- Spoke as the President of the Kenai Chamber
of Commerce in support of the Wal-Mart development; polled the Chamber's Board of
Directors and found they were in support of the store; most of his constituents are
pleased because of the shopping availability; best use is something the community
sorely needs, and his constituents stated the community sorely needs retail; and, if
something sorely needed in the community he felt, that would be the best use.
Greg Hampton, 313 Aspen -- Stated he opposed the development as he did not
believe the population could support the proposed large retail outlet and his concern
for the small businesses that would have to close because of the development.
Jim Fassler, 36815 Cheechako News Drive, Soldotna -- Stated he believed the best
use of the property was the main concern; referred to an article he found on the
Internet which discussed WE-Mart's wages, limiting hours for employees to avoid
health benefits for the workers, and how the State Medicaid program will suffer.
Fassler stated his opposition to the Wal-Mart proposal and added, he believed the
lessee should be one who values the employees, pays a living wage, and recommended
the proposal not be allowed to proceed.
Tom Adams, Palmer~ AK -- Adams explained he is an engineer for Lounsbury and
Associates, the Civil Engineering Consultant for Wal-Mart Stores. Adams stated, after
hearing some of the testimony, he felt it important to acknowledge the lease
application submittal was the beginning of a long process and many of the issues
posed would be responded to in the future, i.e. wetlands, landscaping, building issues.
However, the first step would be to be sure Wal-Mart has the opportunity to lease the
property and without the approval of the lease application, the questions would be
moot. Adams stated, his company would be working with staff, the City and members
of the community to attempt resolve many of the issues presented.
Craig Fanning~ Forest Drive~ Kenai/Director~ Salvation Army-- Fanning explained
he is the owner of a small business; he is aware a Wal-Mart store would impact his
businesS, however he was preparing to compensate for the impact; he deals with
people who have a great deal of need; a WE-Mart development is a need in the city
and could threaten to sue if the application is not processed; he works his employees
less hours in order to not have to pay for health benefits; he believes there are many
small businesses that do not offer health insurance; and, he hoped the Commission
would vote in favor of the lease application in order for the issue to move forward to
the council.
There being no one else wishing to speak, the public hearing was closed.
Hammelman noted, if the lease application was for a small store, the Commission
would also be looking at the intended use and whether it fit with the zoning, etc.
Kebschull noted, the Commission should base their motion on the information
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 6
included in the memorandum in the packet.
MOTION:
Commissioner Bryson MOVED finding the intended use complies with the zoning
ordinance and the Comprehensive Plan of the City as outlined by city staff Kim
Howard and the Planning Department. Commissioner Nelson $1glgONDIgD the motion.
Commissioner Nelson stated, from information he had reviewed, the supplemental
plan draft does not conflict with the lease application. He questioned when
landscaping requirements would be addressed. Kebschull answered, landscaping/site
submittal would be required when the building permit is submitted and include,
landscaping, parking, site plan, etc. Nelson referred to the site plan and asked the use
of a "detention area." Adams answered, it meant there was absence of a storm drain
system and the detention area would be used to treat on-site sUrface drainage.
Nelson referred to Cricket Drive and asked what determined the guidelines on the type
of intersection to be installed. Kebschull stated the Department of Transportation
would determine design and access onto the highway. Nelson stated concern it
appeared there would not be access from Marathon Road for several of the outlots.
Comments from the audience noted, the access would be from Cricket Drive, the Spur
Highway, and Marathon Road. Kebschull added, the site plan was preliminary and
those concerns would be addressed through the building permit application. She
added, the Comprehensive Plan referred to shared access to the highway. Adams
noted other methods to acquire access and would be addressed through the permitting
process.
Bryson asked if the Airport Commission had addressed the proposal and Kebschull
answered no, because it would not have direct access from the airport, their review
would not be required. Bryson asked if staff determined whether the proposal was in
conformance with the Airport Master Plan and Kebschull answered yes and found the
lots had been released by the FAA.
Bryson continued, the intent of his motion was to include the attachment of staffs
comments. He noted, the conceptual lease application stated a height of 45 feet for
structures, and asked if staff was comfortable with that height.. Kebschull answered,
it would be reviewed during the building permit application. Bryson asked if the
building code included a requirement for industrial areas or commercial zones for
building heights and Kebschull answered no. Bryson stated, there had been a
reference made to a study with regard to airport properties and use, and as he viewed
the Commission's duties, the proposed lease application would also be considered
conceptual.
Kebschull noted, the conceptual drawings were done as an addition and separately
from the Airport Supplemental Master Plan and had been requested by the City for
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 7
development concepts for properties in the area. She added, there were three different
properties included and none of the plans were specific.
VOTE:
Chase Yes Twait Yes
Amen Yes Lawrence Yes
Bryson Yes
Eldrid§e
Hammelman
Absent
Yes
MOTION PASSED UNANIMOUSLY
Hammelman thanked those who attended the meeting and commented. Hammelman
explained an appeal of the decision of the Commission could be made and was
required to be submitted in writing within 15 days to the Kenai City Clerk.
Bryson asked staff if the issue could be reviewed with regard to an appeal. Kebschull
answered, the code explained any decision made by the Commission could be
appealed to the Board of Adjustment.
BREAK TAKEN AND BACK TO ORDER AT 8:10 P.M.
7-bo
FY2006- Capital Improvement Plan -- Public Workshop
Kebschull referred to a memorandum included in the packet relating to the
development of a Capital Improvement Plan and the process. She noted, there were
members of the public available to offer suggestions for projects to be included in the
Plan; they were wanting suggestions for projects valued at $25,000 or more; a
spreadsheet was distributed with projects already submitted; the list would be used
for the project nomination worksheet to determine a project status and priority; and,
the Commission was encouraged to recommend priority of projects. Kebschull added,
several projects had been brought forward that were not included on the list, i.e.
nomination for Kenai Recreation Exit/Storage Improvement; the Library
Expansion/Addition was renamed and the costs modified; and, the Kenai Senior
Center office, conference rooms and storage.
Acting City Manager explained the scoring process for determining priority of projects.
The floor was opened for public comments.
Eileen Bryson, 1205 Third Avenue, Kenai -- Noted more people using the library;
need stated since 1994; many children and family programs; lots of use with limited
space; many reasons for this project to be noted as "essential."
Joan Bennett Schrader~ P.O. Box 1264~ Kenai -- Noted the current shelving is too
high for her; if the Wal-Mart development goes forward, it will be additional impact to
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 8
the library; also, spoke in support of cooperative effort in sharing information between
the City of Kenai and City of Soldotna related to cemetery development.
Anita Necessary, 1615 Toyon Way-- Noted, she believed there could be venues to
help the library be more self-supporting if there was additional space.
Margaret Menting, 50375 Onslow, Kenai -- Noted she believed the library should be
the first priority as additional space is needed to accommodate programs offered at the
library.
Laura $ievert, 3329 Beaver Loop Road, Kenai -- Noted more and more high school
students use the public library due to cutbacks at the high school.
Emily DeForest, $15 Pine Street-- Noted the building needs to be handicap friendly;
the shelves are too high; reviewed volunteer hours, programs, employee needs, etc.
Kathy Heus, 4540 Kenaitze Court, Kenai -- Reviewed statistics, book circulation,
and gave an overview of library studies, needs, etc.
Bob Peters, Mission Avenue, Kenai -- Noted funds could be acquired through the
Friends of the Library; believes the library is neglected because it shows no revenue
stream; there are over 13,000 active library cards (used in the last six months); and,
believed the project should be in first place.
Peters also noted the bluff should be saved and that project be number two, after the
library.
Discussion followed between the Commission and Acting City Manager Kopp. It was
noted:
· The list presented to the Commission is a working document to
anticipate needs before they become critical.
· Administration would be reviewing the list and make recommendations
as to priority for council's review.
· It would be conceivable the bank stabilization project could be permitted
within the five-year plan, and bank stabilization is a critical need.
· Arsenic water treatment -- it appears the city will receive an extension on
when the treatment will need to be completed.
· Exit Road -- Will assist in the traffic during the dip net fishery, but will
help the commercial fleet, dip netters, and boat launching needs.
· Sports Complex/Section 36 -- Though the ball field which would be lost
to the Wal-Mart complex, is not heavily used, the additional fields planned at this
complex will address those concerns.
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 9
· Road improvements due to possible placement of Wal-Mart -~ Probably
improvements to Marathon Road and Wal-Mart had indicated their intention to make
the improvements because their facility would be the primary user.
· A draft of the CIP list will be presented to the Council on November 16
and a work session will be scheduled for further review with area legislators. A copy of
the draft list will be forwarded to the Borough for inclusion in their booklet.
ITEM 8:
PENDING ITEMS
-ae
PZ05-16 - An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, {170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. {Tabled)
ITEM 9:
CODE ENFORCEMENT
Code Enforcement Officers Report
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda from the
November 2, 2005 council meeting was included in the packet.
10-b. Borough Planning -- Commissioner Bryson reported no meeting had
been held on which to report.
10-c. Administration -- City Planner Kebschull reminded the Commission the
November 23, 2005 Commission meeting had been cancelled.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- No comments.
ITEM 12:
INFORMATION ITEMS
12-a.
12-b.
Planning & Zoning Roster
Zoning Bulletin (10 / 10/25)
ITEM 13:
COMMISSION COMMENTS/h QUESTION-- None.
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Bryson MOVED for adjournment and Commissioner Chase SECONDED
the motion. There were no objections. SO ORDERED.
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 10
There being no further business before the Commission, the meeting adjourned at
approximately 9:30 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 9, 2005
PAGE 11
STAFF REPORT
To: Planning & Zoning Commission
Date: December 18, 2005
Res: PZ05-65
GENERAL INFORMATION
Applicant:
Kenai Church of God
606 Petersen Way
Kenai, Alaska 99611
Klauder & Company
606 Petersen Way
Kenai, AK 99611
398-4554
283-1919
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Variance- Development Requirements- Maximum
Height
Tract A, Papa Joe's Subdivision - Chumley Replat
9520 Kenai Spur Highway
04506025
RR1 - Rural Residential 1
Vacant
Neighborhood Residential
General Information:
KMC 14.20.180 details the intent.and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of the following conditions exist as a
prerequisite to issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to
the land or structures involved which are not applicable to other lands
or structures in the same zoning district.
2. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do not
merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
0565 Comment.doc Page 2
4. The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use' or zoning
district.
The applicants are in the process of designing a church for the above location.
The property is located in the Rural Residential 1 (RR1)zone. The Land Use
Table states churches are permitted in the RR1 Zone "Provided that no part of
any of the building is located nearer than thirty (30) feet to any adjoining street or
property line." This setback is greater than normally required for permitted uses
in the zone. All other development requirements are the same for churches as
other permitted uses in the zone.
The drawings prepared by the architect identify three locations on the design
related to height; the top of the roof, top of the alter, and top of the cross. The
preliminary design indicates the church roof height at approximately 39 feet,
seven inches (39'7"); which is four feet, seven inches (4'7") above the maximum
thirty-five foot (35') height requirement. The Building Official has reviewed the
preliminary drawings and established that the alter is part of the building, but that
the cross is not a structure and would not be considered part of the building.
The top of the alter is forty-one foot, four inches (41'4"); this is an additional one
foot, seven inches (1 '7") to the top of the building.
To accommodate the height of these structures, the applicant is requesting a
variance. The minimum variance needed will be approximately six-foot, four
inches (6'4").
To approve the variance, the Commission must determine that the request
meets the criteria stated in KMC 14.20.180'
Special conditions or circumstances are present which are peculiar to
the land or structures involved which are not applicable to other lands
or structures in the same zoning district.
o It does not appear there are peculiarities to this land that are not
applicable to other parcels in this zoning district. The proposed
church could be considered peculiar to other structures in the
zone in that it is a church and designed by the building code
requirements for a commercially occupied structure.
The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do not
merely constitute a pecuniary hardship or inconvenience.
o It does appear that the church design is an action of the
applicants. However, to accommodate the type of assemblage,
the design appears reasonable.
· The granting of a variance shall not be based upon other non-
0565 Comment.doc Page 3
conforming land uses or structures within the same land use or zoning
district.
o The proposed height variance is not based on other non-
conforming structures in the zoning district.
The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
o Churches are a permitted use in Rural Residential 1 Zones.
The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
o The variance requested is approximately six feet, four inches
(6'4"). This will accommodate construction of the proposed
church as designed by the architects. The building is located
on a large parcel of land, approximately 3 acres. Due to the
type of construction, a church, the requested variance seems
reasonable and minimal.
City Engineer:
This height is also well within airport height restrictions.
Building Official'
No additional building code issues.
RECOMMENDATION
The Building Official has determined that the cross is not considered a structure
and should not be considered as part of the height of the building. The
Commission must decide whether or not they agree with the Building Official's
finding. If the Commission disagrees with the Building Official's finding, the
variance should include the cross and would require an additional variance of
twelve foot, four inches (12'4"). This would result in a total variance of eighteen
feet, eight inches (18'8"). If the Commission determines the cross is not part of
the building, the total variance request would be for six feet, four inches (6'4").
The proposed church will be located on a large parcel fronting Kenai Spur
Highway and Cinderella Street. The structure will be located in the middle
portion of the lot. Based on the location of the structure, it does not appear the
requested variance will adversely affect neighboring property owners.
Recommend approval of a variance for height of seven feet (7') to allow for
minor deviations from design during construction.
ATTACHMENTS'
1. Resolution No. PZ05-65
2. Application
3. Drawings
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-65
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZON1NG COMMISSION OF THE CITY OF KENAI
GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
NAME: KENAI CHURCH OF GOD
LOCATE: 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision-Chumley Replat)
(Street Address/Legal Description)
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
.
,
,
That an application meeting the requirements of Section 14.20.180 (b) has been submitted and
received on: November 18, 2005
This request is located on land zoned: RR1 - Rural Residential 1
That the applicant seeks a variance from the specified requirement of the Zoning code' KMC
14.24.020 - Development Requirements Table- Maximum Height
a. Special conditions or circumstances are presem which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same land use or zoning district.
b. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
c. The granting of the variance does not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
d. The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure.
e. The granting of'the variance is not based upon other non-conforming land uses
or structures within the sale land use or zoning district.
That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the
Commission on: December 14, 2005.
Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANN1NG AND ZON1NG COMMISSION OF
THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN
SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, December 14, 2005.
CHAIRPERSON: ATTEST:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
U 4 ' 111'
KENAI, ALAS~ ~~ 18 2~5
DATE'
NAME'
MAILING ADDRESS-
STREET ADDRESS.
LEGAL DESCRIPTION:
APPLICATION FOR VARIANCE PERMIT
KPB PARCEL NUMBER:
PROPERTY ZONING:
I AI~ REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code):_
0 '
Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits
which is the relaxation of the Development Requirements Table to provide relief when
the literal enforcement would deprive a property owner of the reasonable use of his real
property' PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU
HAVE READ AND UNDERSTAND THESE CONDITIONS.
1. ¢ Provide a site.plan of the property including location of all existing and
proposed buildings or alterations, elevations of such buildings or
alterations, and such data as may be required.
A Public Notification and heating is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising fee is required to
~ cover these notification costs. (Please see attached procedure sheet.)
YoU are ~required to post the property in question with a sign advising that
the propertY is being considered for a variance. You must file an Affidavit
. , of Posting with this office tw~o weeks prior to the scheduled public
':~ heating.. If this'affidavit is not filed, the heating will not be scheduled.
To approve the requested variance, the Commission shall establish a finding that all of
the following conditions exist as a prerequisite to issuance of a variance permit' --
· Special conditi0~ns' or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same zoning district..
· The special conditions or circumstances, have not been caused by actions of the
applicant and such conditions and Circumstances do not merely constitute a
pecuniary hardship or inco~ivenience.
· ' The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
· The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
ADDITIONAL COMMENTS:
Applicant's Signature'
Reviewed approved by the Planning Commission on
__.___day of
Chairperson: Attest:
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Subject parcel
· ~
FIVE IRONS HI
DEEPWOOD PARK
STAFF REPORT
To: Planning & Zoning Commission
Date: November 23, 2005
Res: PZ05-66
GENERAL INFORMATION
Applicant:
Bruce Passe 283-461 7
P.O. Box 2558
Soldotna, AK 99669
Requested Action:
Legal Description'
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Encroachment- Side Setback (8 feet)
Lot 5, Block 1, Thompson Park Addn. #1
1 50 Fern
0491 301 3
RR- Rural Residential
Residential
Low Density Residential
General Information'
KMC 14.20.185 details the definition, intent, and permit application process
for Encroachment Permits. Code also lists the review criteria that should be
considered by the Planning and Zoning Commission when determining if a
permit should be granted. The Commission is to establish that the following
conditions exist before issuing an Encroachment Permit:
·
!
An encroachment as defined in KMC 14.20.1 85 (a) exists.
The encroachment does not encroach upon a Federal, State or
City right-of-way or utility easement.
The issuance of the encroachment permit will not authorize a
use which is a not a principal permitted use in the zoning district
in which the property is located.
The encroachment is not located across a platted lot line.
In 2002, the applicant applied for and received a variance to construct a
garage with storage space above the garage into the side yard setback. The
0566 Comment.doc Page 2
variance was for seven feet. It was noted in the public hearing that the
structure would be used for a garage and storage, space and the building
permit was issued for the same.
On September 2, 2005, Building Official Robert Springer conducted a final
inspection at the request of the applicant. Mr. Springer discovered that an
apartment had been built in the area designated as storage in both the
variance permit and the building permit. Mr. Springer also noted that the
garage/apartment structure had not been attached to the dwelling as was
noted on the plans submitted with the building permit.
A letter was sent to Mr. Passe on September 7, 2005, advising him that he
was in violation of the City's zoning and building codes by constructing the
apartment without the required permits. And, that the Finance Department.
was being notified and that he would be required to pay additional residential
water and sewer monthly fees. It was also noted that the breezeway had
not been constructed.
The applicant is now applying for an encroachment permit for the
garage/apartment. The encroachment will be the same distance as was
approved for the variance, seven feet. The applicant has noted it is his
intention to complete the breezeway as originally planned. The zoning code
requires a minimum of six feet between structures and without the
breezeway; an additional encroachment would be required.
City Engineer'
Nothing additional.
Buildinq Official'
To meet the building code, a minimum separation distance of three feet is
required between buildings or a firewall must be constructed.
RECOMMENDATIONS
The applicant modified a planned storage area above his garage to build an
apartment. The garage was built into the setback after a variance was
approved in 2002. The modification to an apartment does not seem to have
adversely affected the neighboring property owners as the City has received
no comments regarding this construction. The construction meets the side
setback for the building code without any necessary modifications. To meet
the zoning code, the structures must be attached.
The application, as submitted, meets the requirements of KMC 14. 20.185.
Recommend approval with the following requirements'
0566 Comment.doc Page 3
1. The breezeway must be completed no later than June 1, 2006.
2. The Encroachment Permit may not be issued until the breezeway is
constructed and approved by the Building Official.
ATTACHMENTS:
1. Resolution No. PZ05-66
2. Application
3. Site Plan
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-66
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO:
NAME: Bruce Passe
USE: Side Yard Encroachment- 7 Feet
LOCATED: 150 Fern Street (Lot 5, Block 1, Thompson Park Addn. #1)
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04913013
WHEREAS, the Commission finds:
,
.
o
That an application meeting the requirements of Section 14.20.185 (c) has been submitted
and received on: November 2, 2005
This request is on land zoned: RR- Rural Residential
That the applicant has demonstrated with plans and other documents that they can and will
meet the following specific requirements as set forth in Section 12.20.185 (d):
a. An encroachment as defined in KMC 14.20.185 (a) exists.
b. The encroachment does not encroach upon a Federal, State or City right-of-
way or utility easement.
c. The issuance of the encroachment permit will not authorize a use, which is
not a principal permitted use in the zoning district in which the property is
located.
d. The encroachment is not located across a platted lot line
That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on: December 14, 2005
Applicant must comply with all Federal, State, and local regulations.
The following additional requirements must be met.
· The breezeway must be completed no later than June 1, 2006.
· The Encroachment Permit may not be issued until the breezeway is constructed and
approved by the Building Official.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED
THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT
AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE
OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, DECEMBER 14, 2005.
C HAIRP ERSON: ATTEST:
5
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3810 3820
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subject property
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 90 4
ECEIVED
CiTY .OF' .KENAI
PLANNING DEPARTMENT
1992
APPLICATION FOR ENCROACHMENT PERMIT
PARCEL NUMBER
ZONING DISTRICT C CC CG~ RR-1 RR-2 RS RS-1 RS-2 RU R IL IH
(Circle 1)
PHONE '~'
Section 14.20.185 of the Kenai Municipal Code outlines regulations f6r Encroachr~em
Permits which is the relaxation of the Development Requirements Table to remedy
encroachments which do not fall under Section 14.20.050, nonconforming uses and
which satisfy the requirements of financial institutions subject to the following
conditions: PLEASE READ THE FOLLOWING, cOMpLETE THE BLANKS
AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT
YOU HAVE READ AND UNDERSTAND THESE CONDITIONS.
o
.
.
An encroachment means any object or structure above or below ground
and constructed or located in a manner other than set forth in the
Development Requirements Table.
Provide a site plan of the property including location of all existing
buildings, rights-of-way or easements, setbacks, elevations, and any data
pertinent to the application.
A Public Notification and Hearing is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising fee is required to
cover these notification costs. (Please see attached procedure sheet)
Type of Encroachment Applicam i~ Reque~fin/~:
Front; ' Rear:
Side:
Bncroachraent into setback of..
ADDITIONAL COMMENTS'
Signature of Applicant
"gi//a~e wilh a t~aa~, ~i~y with a ?ut. re"
210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~
KENAI, ALASKA
M MO.'
FROM: Marilyn Kebschull, Planning Administrator
DATE'
December 6, 2005
SUBJECT' Possible Rezone- Kenai Spur Highway
As the Commission directed, notices were sent to all property owners along the
Kenai Spur Highway from Ross Road to Fern Street seeking input on a possible
rezone of their properties to Limited Commercial. Notices were sent to 55
property owners. Input was received from four owners. Three emails and one
phone call. Of those responding, three were in favor and one opposed to the
suggested rezoning. Attached are copies of the emails received.
Does the Commission want to proceed with a public hearing on rezoning
these properties?
Page 1 of 1
Marilyn Kebschull
From' Faye & Bob Pierce [faybob.pierce@acsalaska.net]
Sent: 17 November, 2005 4:02 PM
To: Marilyn Kebschull
Subject: ***SPAM*** Rezoning Notification
To Whom it May Concern,
My husband and I received your notification of the possible rezoning of properties along the Kenai Spur Highway, which
would include our property. We are in favor of such a change because we were already considering a small business that
could be run from our home, since it faces a very busy highway. Our plans are only speculation at this point, but we
would be very interested in getting any new information about the progress of this rezoning, as it becomes available.
Thank you for your notification and consideration of our comments on this matter.
Sincerely, Robert D. and Lula Faye Pierce
11/17/2005
ZO~'~'~Page 1 of 1
Marilyn Kebschull
From: Thomas Rhyner [point@gci.net]
Sent: 15 November, 2005 10:26 AM
To: Marilyn Kebschull; point@gci.net
Subject: rezone spur hwy Ross to N Fern
To Planning Department:
I am against the idea of mzoning this area of the Spur Hwy for a number of masons. I have lived on the comer of
Robin Dr.and the Spur Hwy since 1982. This has always been a residential neighborhood with quite a number of
children. The bike path was recently completed to provide a safe means of bike, foot, and other non-motorized, such as
skiing, travel. To allow business traffic across this path from a 55 MPH highway is courting disaster. The recent
construction showed how quickly traffic can back up on a two lane highway when stopped in one or the other direction. In
the tourist season and during rush hours, if traffic is trying to cross the opposing lane, we will soon have problems trying to
get on to the Spur Hwy from side streets as the Spur becomes full do to the stop and go traffic. Much of this stretch of the
Spur does not have city sewer and water. If businesses such as car washes go in that take water or put water into the
ground in large quantities this may affect our water table. One other concern is that motorized off road vehicles tend to
use the road ditch on the North side of the Spur. At times in the winter they ride down the bike path past the no motorized
vehicle signs. If Businesses go in along the highway the problem will most likely become much worse as culverts are
installed in the road ditch. These are a few things to consider when looking at this proposal. Thank you and feel free to
reply to this email address. Thomas Rhyner, 505 Robin Dr., Kenai, AK.
1 1/15/2005
Marilyn Kebschull
From:
Sent:
To:
Subject:
Charles E Homan [ceh°man@gci.net]
14 November, 2005 10:52 AM
Marilyn Kebschull
Rezone on Kenai Spur between Ross Street and North Fern
We support the rezone of the property to Limited Commercial Zone. It is
consistent with the future development that would be expected along the
Kenai Spur Highway.
Charles E. & Terry A. Homan
Phone: 907-357-4436
7362 W. Parks Hwy. #230
Wasilla, AK 99654-9132
STAFF REPORT
To: Planning & Zoning Commission
Date: November 16,2005
Res: PZ05-63
GENERAL INFORMATION
Applicant:
Patsy A. Easling
550 Wortham Avenue
Kenai, Alaska 99611
283-3378
Requested Action:
Legal Description'
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation- Daycare
Lot 4, Block 1 Three W's Subdivision Amended
550 Wortham Avenue
04948011
RR1 - Rural Residential 1
Residential
RR- Rural Residential
KMC 14.20.230 outlines the regulations that allow home occupations. Day care is
specifically listed in the code as a permitted home occupation. Applicant is aware the
code allows her to watch up to eight children including her own from her residence, at
this time she plans on only watching five. The floor plan is the same sent to the state for
licensing approval. The proposed day care meets the requirements for a home
occupation.
A fire inspection was conducted on the residence on November 15, 2005. If the day care
is still in operation, a follow-up will be required on November 15, 2007.
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZ05-63
2. Application
3. Drawings
Report prepared & submitted by:
N. Carver, Planning & Zoning Assistant
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-63
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Home Da¥care
OPERATED BY:
(Type of permit)
Patsy A. Easling
LOCATED' 550 Wortham Avenue- L4, B 1, Three W's Subdivision Amended
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04948011
WHEREAS, the Commission finds' ~
1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and
received on November 16, 2005.
2. ,That the application has been reviewed by the Commission at their meeting of
De~ecember 14, 2005 and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and
will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the Commission
as a condition of permit issuance:
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development meets
the conditions required for said proposal and therefore the Commission authorizes the
permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 14th
day of December 2005.
Chairman:
ATTEST:
21'0 Fidalgo Avenue, Kenai, Alaska 99611-7794
·
KENAI, ALASKA
HOME OCCUPATION PERMIT
APPLICATION
/ _ ~._ PHONE:
PHYSICAL ~D~SS' ~%'0 ~0~h ~ ~ A'~ ~C
LEGAL DESCR~TION:~ ~~ -~b~ IKa
DESCRWTION OF OCCWATION: ~;[ 4
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to the following conditions:
Not more than one person outside the family shall be employed in the home
occupation.
No more than 30% of the gross floor area of the buildings on the lot shall be used
for the home occupation. Submit a si-re plan showing square footage of all
.structures on the lot~ including the residence and any accessory structures.
In addition~ show parking areas and traffic patterns. Clearly mark the area
to be used for the home occupation.
The home occupation shall be carried on wholly within the principal building, or
the building, which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
:~' !~ - . ..-, ".~,, ,.~ .., .
, -.,..-.
~,~.,. Zi.,,~.,i~,;~'
Applicant's Signature:
Application reviewed and approved by:
Approved by the Planning & Zoning Commission:
Date:
Planning
:iai
Date
't
STAFF REPORT
To: Planning &Zoning Commission
Date: November 17, 2005
Prepared By: nc
Res: PZ05-64 (PZ99-06)
GENERAL INFORMATION
Applicant:
Nabors Alaska Drilling, Inc.
2525 C Street, Suite 200
Anchorage, AK 99503-2632
907-263-6000
Requested Action:
Legal Description'
Existing Zoning'
Street Address:
KPB Parcel #:
Current Land Use:
Current Land Use:
Land Use Plan:
Transfer of Conditional Use Permit- Storage Yard
Tract B, BLP Subdivision
RR- Rural Residential
1755 Cone Avenue
04911033
Rural Residential
Storage Facility
Rural Residential
ANALYSIS
Nabors Alaska Drilling, Inc. purchased the property described above from Beaver Loop
Partnership. As required by KMC 14.20.158, a written request for transfer of the
Conditional Use Permit has been submitted. Nabors Alaska Drilling, Inc. has been
leasing this property from Beaver Loop Partnership since 1992. Nabors Alaska Drilling,
Inc. has been and will continue to operate this business under the same requirements
described in the current permit. Based on the written request and plan to continue use
as currently allowed under Conditional Use Permit PZ99-06, approval of the transfer
should be granted.
City Engineer: Nothing additional.
Building Official' No building code issues.
RECOMMENDATIONS
Kenai Municipal Code 14.20.158 outlines the requirements for transferring Conditional
Use Permits. The request to transfer this permit meets the requirements of KMC
14.20.158 (a), which states:
0564 Comment (9906).doc Page 2
"No conditional use permit issued hereunder shall be transferred until the
proposed transferee has made application for transfer in writing filed with
the administrative, official, which application shall state that he intends to
be bound by the plan and statements contained in the application of the
permit holder or shall contain the amendments to the plan his proposed
operation would mandate. The Commission shall approve the application
for transfer and in so doing amend the site plan and statements if such
amendments as are contained in the application for transfer would have
been approved had they been contained in the original application."
Applicants have provided a copy of their business license and are registered with the
Kenai Peninsula Borough to collect sales tax.
Recommend approval.
ATTACHMENTS'
1. Resolution No. PZ05-64
2. Comments No. PZ99-06
3. Application
Report prepared & submitted by'
N. Carver, Planning & Zoning Assistant
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-64 (PZ99-06)
TRANSFER OF CONDITIONAL USE PERMIT
STORAGE YARD
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A
STORAGE YARD AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE
FROM:
BEAVER LOOP PARTNERSHIP TO NABORS ALASKA DRILLING, INC. FOR THE
PROPERTY KNOWN AS TRACT B, BLP SUBDIVISION (1755 CONE AVENUE),
KENAI, ALASKA
WHEREAS, the Commission finds:
1. That a Conditional Use Permit was granted through the appeal process to
Beaver Loop Partnership on July 16, 2005.
2. That KMC 14.20.150 (i)(4) requires a written request for transfer be submitted.
3. A request to transfer the permit was received on November 15, 2005.
4. That Nabors Alaska Drilling, Inc. purchased the property from Beaver Loop
Partnership.
5. That the transfer requires the permit continue operation under conditions
originally outlined.
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT
FOR A STORAGE YARD BE TRANSFERRED TO NABORS ALASKA DRILLING, INC.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASI~, AT THEIR SCHEDULED MEETING DECEMBER 14~ 2005.
'CHAIRPERSON
ATTEST
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535 / FAX: 907-283-3014 '~llJ-'
1992
CONDITIONAL USE PERMIT
APPLICATION
Date:. I0/!.5/200~ .
Applicant's Name' B e n I( e n t
Phone:(907) 263-6023
Business Name: Nabors AlS. ska Drill~ ng, Inc.
Mailing Address: 2525 C Street, Suite 200, Anchorage, AK 99503
Street Address: 1801 C o n e A v e, I( e n a i, A K 99611
(Where permit will be operated from.)
LegalDescriptionofPr0perty:Tract B, BLP Subdivision Plat Number 2005-10
Kenai Peninsula Borough Parcel No.' 3
City of Kenai Zoning: RR
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a sheet to the application.
Use of this property will be consistent with the origins. 1
conditions.~ use oermit PZ99-06.
_
The following information must be pro_vided before .youi' application will be
,considered for processing. Do not submit ~our application until it contains all
rcouired information, (Check each box that applies and attach thc necessary
information to this application.)
I am the legal owner of the property.
I am not the legal owner of ~he prope~y; however, I have attached verification by
the owner of ~he property that I have permission ~o apply for ~his Conditional Use
Permit.
Attached are dimensioned plot plans showing the location of all existing and
proposed buildings or alteration on tl~e affected property. Plans must show, at a
minh~aum, the entrance, exit, and parking space~ on the property. (For bed &
breakfast applications, mu~t ~how area~ to be rented.)
I have paid the appropriate fee.
I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe
that the requested permit satisfies the requirements of this section of the code.
Specifically, the following requirements have been satisfied:
Tl~e use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The value of the adjoining property and neighborhood will not be
significantly impaired.
The proposed use is in harmony with the Comprehensive Plan.
Public services and facilities are adequate to serve the proposed use.
The proposed use will not be harmful to the public safety, health or
welfare.
I certify' th~rrn~te to the best of my knowledge.
Applican~(~_ ~~ '
Nabors Alaska
A NABORS INDUSTRIES Company
City of Kenai
Department of Planning and Zoning
Attention: Nancy Carver
210 Fidalgo Ave.
Kenai, AK 99611-7794
Regarding: Conditional Use Permit Transfer Request
Nabors Alaska Drilling, Inc.
2525 C Street, Suite 200
Anchorage, Alaska 99503-2639
907-263-6000
fax 907-563-3734
Dear Nancy,
Nabors Alaska Drilling, Inc. hereby requests the transfer of the Conditional Use Permit
PZ99-06 as required by the purchase by us of the property located at 1801 Cone Avenue
and described in detail on the accompanying Conditional Use Permit Application.
It is the intent of Nabors Alaska Drilling to use this property in a manner consistent with
the original conditional use permit.
Please feel free to contact me at (907) 263-6023 if additional information is required.
Ben Kent
Vice President of Finance
,,,
STAFF REPORT
.
,' i i i i i ii i ii i
To'
Date' 2/2/99'~ :
: -
GENERAL INFORMATION
Planning & Zoning Commission
Prepared By' JL/mk
ReS: PZ99-06 '
I
APPlicant'
'Beaver Loop Partnership 333-7246
warron H. P°lsky, Partnership Manager~
41 50-Vista Court
AnChorage, Al( 99508
Requested Action'
Legal Description'
·
Street Address-
KPB Parcel NO:
Existing ZOning·
CurrentLand Use.
Land ~Use Plan=
ANALYSIS
Conditional Use Permit- Storage Yard
KN T05N R11W $02 BEGINNING AT S1/4 CORNER OF SEC 2 TH
WEST 990 FT TH NORTH 330 FT TO THE 'POB TH NORTH 330 FT TH
WEST 660 FT TH SOUTH 330 FT TH EAST 660 FT TO THE POB
Approximately 1801 Cone Avenue, Kenai, Alaska.
04904006
RR'-Rural Residential -.
Storage Facility
Low DensitY' Residential
General Information'
'KMC 14.201150 details' the" intent and apPlication proCess'~for conditional
uses. The code also Specifies the review criteria that must be satisfied prior to
issuing the permit. The criteria are' ~' ~
1. The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district;
2. ThO value of' tho '~'adjoining proPerty and noighborhood Will not bo
significantly impaired,
3. The proposed use is in harmony with th~ Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. Tho proposed use will not be harmful to the public safety, health~ or
welfare;
6. Any and all specific conditions deemed necessary by the commission to
fulfill the above-mentioned conditions should be met by the applicant.
These may include, but are not limited to measures relative to access,
PZ99-06 Comments Page 2
screening, site development, building design, operation of the use and
other similar aspects related to the proposed use.
During~ annual reviews of gravel pit permits, it was noted that a storage~ yard was
located on the above-noted parcel. Research indicated a permit had not been
issued for this facility. The owner, Beaver Loop Partnership, was notified that a
ConditiOnal Use Permit is reqUired to operate such a facility in a residential zone.
As result of this notification, the application for this permit was received.
Because this is a facility operating without a permit, the Commission will be
reviewing the application without the oppOrtunity afforded prior to the facility being
constructed. The Commission should review the appliCation, as required under
KMC 14.20.1 50. If any criteria are in conflict with the operation, the Commission
may place stipulations on the operation or determine that the use does not fit the
criteria. In this case, the Commission could deny the permit.
Please review the detailed description supplied by the apPlicant. It should be noted
that the City has no record of the applicant's recollections regarding this site.
As noted by the applicant, this facility is used by.Nabors Drilling (previously Grace
Drilling). This is the equipment that was moved from the current courthouse site.
The courthouse site required clean up because of contaminated soils. Of concern,
is the possibility that this contamination may now be taking place at the new-site.
The applicant should be required to.provide information as to what steps have been
taken to prevent similar contamination to this site. If no plan has been prepared,
administration would recommend requiring a reclamation plan which includes soils
testing to assure no contamination has taken place.
This site is zoned rural residential. The area is surrounded by graVel pit operations
and there are no residences in the general proximitY. The facility woUld not appear
to significantly impair the valUe of adjoining properties.
City Engineer:
It may be appropriate to require the applicant to show compliance with applicable
ADEC regulations regarding storage of hazardous materials.
Building Official'
No building code issues.
PZ99-06 Comments Page 3
RECOMMENDATIONS
It Would appoar that this facility's location in an area surrounded by gravel pits
would not affect neighboring property ~values. There are concerns regarding the
type of equipment stored at the site and. possibilities of contamination Would
recommend approval. However, this approval should be contingent upon a
reclamation plan that requires soil testing.. The Commission may want. to consider
testing'~prior to reclamation to assure .that.~ the water~' table~ is~.not being
contaminated.
ATTACHMENTS'
1. Resolution No. PZ99-06
2. Application
3. Drawings
STAFF REPORT
To: Planning & Zoning Commission
Date: November 22, 2005
Res: PZ05-67
GENERAL INFORMATION
Applicant:
Jan Stiers
1612 Tanaga Avenue
Kenai, Alaska 99611
283-7093
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation - Daycare
Lot 33, Block 1 Redoubt Terrace Subdivision
1612 Tanaga Avenue
04712006
RS - Suburban Residential
Residential
NR- Neighborhood Residential
KMC 14.20.230 outlines the regulations that allow home occupations. Day care is
specifically listed in the code as a permitted home occupation. Ms. Stiers has been registered
with the City to operate a home daycare since 1998 from two previous locations. The City
has received no complaints from either location. Applicant is aware the code allows her to
watch up to eight children including her own from her residence, at this time she's only
watching her two grandchildren but plans to have up to five. The floor plan is the same sent to
the state for licensing approval. The proposed day care meets the requirements for a home
occupation.
A fire inspection was conducted on the residence on November 15, 2005.
still in operation, a follow-up will be required on November 15, 2007.
If the day care is
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZ05-67
2. Application
3. Drawings
Report prepared & submitted by:
N. Carver, Planning & Zoning Assistant
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-67
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Home Daycare
OPERATED BY:
Jan Stiers
(Type of Permit)
LOCATED: 1612 Tanaga Avenue - L33, B 1, Redoubt Terrace Subdivision
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04712006
WHEREAS, the Commission finds'
1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and
received on November 22, 2005.
2. That the application has been reviewed by the Commission at their meeting of
December 14, 2005 and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and
will meet the requirements and conditions as specified.
.
That the following additional requirements have been established by the Commission
as a condition of permit issuance:
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development meets
the conditions required for said proposal and therefore the Commission authorizes the
permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 14th
day of December 2005.
Chairman:
ATTEST:
KENAI, ALASKA
210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~
1992
HOME OCCUPATION PERMIT
APPLICATION
DATE: /j~. /";~.~.- ~~"'
F · · v
PHYSICAL ~DRESS'
LEGAL DESCR2TION' ~
P~CEL ~BER:
DESCR2TION OF OCC~ATION:
Section 14!20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to the following conditions'
Not more than one person outside the family shall be employed in the home
occupation.
· No more than 30% of the gross floor area of the buildings on the lot shall be used
for the home occupation. Submit a site plan showing square footage of ali
.s.tructures on the lot, including the residence and any accessory structures.
In addition, show parking areas and traffic patterns. Clearly mark the area
to be used for the home occupation.
· The home occupation shall be carried on wholly within the principal building, or
the building, which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
Applicant's Sign Date: //-~~--/~ ~
~..._~-'~~" ...... ;'...'~'//~' ~'r~ /
Application reviewed and approved by: ~ ] _~~_~ .~,' '~/
Planning~ Cning Official
Approved by the Planning & Zoning Commission'
Date
STAFF REPORT
To: Planning & Zoning Commission
Date: December 2, 2005
Prepared By: nc
Res: PZ05-69 (PZ05-06)
GENERAL INFORMATION
Applicant:
Laura L. Ganshow
The Family Table
405 Birch Street
Kenai, AK 99611
335-5437
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Transfer of Conditional Use Permit
KN T06N R1 lW S34 NWl/4 SW1/4 SWl/4 NEll4
601 Davidson Street
04519001
RS - Suburban Residential
Residential
Neighborhood Residential
ANALYSIS
Ms. Ganshow purchased the business, The Family Table, from Cheney McLennan and
plans to operate the business at the same above location. As required by the KMC
14.20.158, a written request for transfer of the Conditional Use Permit has been submitted.
The applicant intends to lease the building at the above location from Mr. McLennan as
mentioned in his transfer letter. Mr. McLennan's transfer letter also states: "the current
owners will continue to provide family-style dinners to the community as well as catering
services." However, Ms. Ganshow will operate this business under the same requirements
described in the current permit, which does not including catering. Based on the written
request, the plan to operate the business as allowed under Conditional Use Permit PZ05-06,
and compliance with all Federal, State, and local regulations approval of the transfer should
be granted.
RECOMMENDATIONS
Kenai Municipal Code 14.20.158 outlines the requirements for transferring Conditional Use
Permits. The request to transfer this permit meets the requirements of KMC 14.20.158 (a),
which states:
"No conditional use permit issued hereunder shall be transferred until the proposed
transferee has made application for transfer in writing filed with the administrative official,
Report prepared & submitted by:
N. Carver, Planning & Zoning Assistant
which application shall state that he intends to be bound by the plan and statements
contained in the application of the permit holder or shall contain the amendments to the plan
his proposed operation would mandate. The Commission shall approve the application for
transfer and in so doing amend the site plan and statements if such amendments as are
contained in the application for transfer would have been approved had they been contained
in the original application."
Recommend approval.
ATTACHMENTS:
.
Request for Transfer
Resolution PZ05-69
Resolution PZ05-06
Report prepared & submitted by:
N. Carver, Planning & Zoning Assistant
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-69 (PZ 05-06)
TRANSFER OF CONDITIONAL USE PERMIT
MEAL PREPARATION
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE
PERMIT FOR MEAL PREPARATION AS AUTHORIZED BY 14.20.158 OF THE
KENAI ZONING CODE FROM:
CHENEY MCLENNAN TO LAURA GANSHOW FOR THE PROPERTY
KNOWN AS KN T06N RllW S34 NWl/4 SW1/4 SWl/4 NE1/4 (601 DAVIDSON
STREET)~ KENAI, ALASKA
WHEREAS, the Commission finds:
1. That a Conditional Use Permit was granted to Cheney McLennan in 2002
and amended on February 9, 2005.
2. That KMC 14.20.150 (i)(4) requires that a written request for transfer be
submitted.
3. A request to transfer the permit was received on December 2, 2005.
4. That Ms. Ganshow purchased the business, The Family Table, from
Cheney McLennan.
5. That the transfer requires that the permit continue operation under
conditions originally outlined.
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE
PERMIT FOR CHENEY MCLENNAN DBA THE FAMILY TABLE FOR MEAL
PREPARATION BE TRANSFERRED TO LAURA GANSHOW.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
I(~NAI, ALASKA, AT THEIR SCHEDULED MEETING DECEMBER 14, 2005.
CHAIRPERSON ATTEST
'~'{/aoqe w~'th a l~aat, City with a
210 Fidalgo Avenue, Kenai Alaska 99611 7794
KENAI, ALASKA~x .-%.,xx,
CONDITIONAL USE PERMIT
APPLICATION
AppliCant's Name:
Business Name'
Mailing address
Date:
-l"c~l ..
Street Address' ('~L~ [ ' ~t'd~s(-/~ ~}'' }~,e .~-
· ~ .5..-~ . (,Wherepe~itwill be operated ~from.) ,.., .:, ..
Legal Description'ofproPerty:'".'' "'~"0'-(?00~' ' ~11 ~k) 'e~ '.~:'t4' J~~)
~~o ~,, s'ta)v,4 %(/o,"/q f/dF
Kenai Peninsula Borough Parcel No.'
City of Kenai Zoning:
k
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a Sheet to the application.
The following information must be provided before your application will be
considered for processing. Do not submit your aoolication Until it contains all
required information. (Check each box that applies and attach the necessary
information to this application.) '
I am the legal owner of the property.
I am not the legal owner of the property; however, I have attached verification by
the owner of the property that I have permission to apply for this Conditional Use
Permit.
Attached are dimensioned plot plans showing the location of all existing and
proposed buildings or alteration on the affected property. Plans must show, at a
minimum, the entrance, exit~ and parking spaces on the property. (For bed &
breakfast applications, must show areas to be rented.)
I have paid the appropriate fee.
I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe
that the requested permit satisfies the requirements of this section of the code.
Specifically, the following requirements have been satisfied'
The use is consistent With the purpose of this chapter and the purposes and .
intent of the zoning district.
The value of the adjoining property and neighborhood will not be
significantly impaired.
The proposed use is in harmony with the Comprehensive Plan.
Public services and facilities are adequate to serve the proposed use.
The proposed use will not be harmful to the public safety, health or
welfare.
Applicant:
Date:
I certify that the information provided is accurate to the best of my knowledge.
Cheney McLennan
601 Davidson Street
Kenai, AK 99611
December 1, 2005
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Re- Conditional Use Permit- 601 Davidson Street
To Whom It May Concern:
This is to inform you that The Family Table has been sold to Laura Ganshow and
Christin Leckwee with a lease agreement for the conditional use permitted cOmmercial
kitchen located at 601 Davidson Street. There has been no change to the type of
business. The current owners will continue to provide family-style dinners to the
community as well as catering services.
If you have any que.~9~, please give me a call. Thank you.
/ /
Chepe~ ennan
252-6643
210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~
KENAI, ALASKA
MEMO:
TO'
FROM'
Planning & Zoning Commission
Marilyn Kebschull, Planning Administration
DATE'
November 23, 2005
SUBJECT:
Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park- Ronald J.
Johnson d/b/a Kenai Mini Storage & Rentals, Inc.
The City of Kenai has received a lease application for Lot 3, Block 5, Cook Inlet Industrial Air
Park. Attached is a copy of the lease application and a memorandum from Kim Howard outlining
the application and the process for approving the application.
As noted in Ms. Howard's memorandum, the City is in the final stages of approving the Airport
Supplemental Planning Assessment. This plan designates an Airport Reserve and a new land
use plan for properties located in the Reserve. Properties within the reserve should not be sold
and uses should comply with the land use plan. Ms. Howard notes that interim uses may be
allowed so long as certain criteria are met. Please review Ms. Howard's memo in detail.
Because the City is at this stage in the Airport Supplemental Planning Assessment, the process
used to review and approve lease applications will be somewhat different than has been used in
the past. Administration believes it is important that in addition to the guidelines in the Kenai
Municipal Code, the Commission should review the Airport Supplemental Planning Assessment.
Kenai Municipal Code requires the Planning Commission to determine if the intended use
complies with the zoning ordinance and the Comprehensive Plan, if the application is complete,
and if the proposed use is the highest and best use and conforms to the Airport Master Plan.
Page 1
The proposed parcel is zoned IL- Light Industrial. The applicant plans to construct a
single-story self-storage facility similar to the existing facility on the adjoining lot.
Storage is a permitted use in the zone.
The City of Kenai Comprehensive Plan Land Use Plan shows the parcel as Airport
Industrial. "The Airport Industrial district identifies airport lands reserved for the Kenai
...................................................................................................... 5:.~~~t.~__,,~_5 ~~~~' '
Municipal Airport and its future expansion, and tracts needed for present and future
aviation-related uses and activities."
The Airport Land Use Plan (9/04) drawing shows the parcel as an undeveloped
subdivided lot and available.
The proposed use of the lot, storage, may or may not be the highest and best use of
the parcel. The Commission should list criteria used to make a determination.
Possible issues to consider may be if the City has other needs for the parcel, if the
airport has planned future needs for the parcel, or if the airport capital improvement
program identifies the parcel as needed for future development.
The proposed Airport Supplemental Planning Assessment has two areas related to land use that
should be considered, the Airport Reserve and the Land Use Plan'
· This parcel is included in the Airport Reserve. Lands in the Airport Reserve are for
short-term and long-term airport-related uses and should not be sold. The Plan notes,
"In some cases, interim uses not consistent with the land use plan may be allowed as
long as the uses are consistent with safe airport operations and FAA standards and
the lease terms and conditions allow the uses to change when the land is needed for a
use consistent with the land use plan."
· The Land Use Plan identifies this parcel as Aviation Related. Aviation Related is
defined as, "Areas used for facilities and functions which support the airfield, terminal,
aviation commercial, and general aviation tenants and the traveling public such as
rental car or other ground transportation maintenance areas, aviation-related offices
and warehouses, aircraft parts suppliers or hotels."
Based on the information included in the lease application, it appears the proposed use complies
with the zoning ordinance, but is not consistent with the land use in the Comprehensive Plan.
The proposed use, storage, is not consistent with the. Land Use Plan in the Airport Supplemental
Planning Assessment. The Airport Supplemental Planning Assessment states, "The City's
determination should be based on the land use plan, the airport master plan, airport capital
improvement program, and sound airport planning." An interim use may be appropriate with a
lease that limits the length of the lease and does not allow the property to be sold.
The Airport Commission will review the lease on December 8th. The Commission's
recommendation will be provided to you at your meeting.
Does the Commission find? 1. The intended use complies with the zoning ordinance.
2. The intended use complies with the Comprehensive Plan.
3. The application is complete. (Applications are not processed by Ms. Howard until they
meet all requirements and should be considered complete.)
4. The proposed use is the highest and best use for the property.
5. The intended use conforms to the Airport Master Plan.
Does the Commission find?
1. The parcel is located in the Airport Reserve.
Page 2
2. The proposed use meets the land use identified in the Airport Supplemental Planning
Assessment.
3. Is an interim use appropriate?
4. The lease should limit the time for the interim use?
5. The lease should allow the property to be sold?
Page 3
KENAI, ALASKA
210 Fidalflo Avenue, Kenai, Alaska 99fi11-7794
Telephone' (907) 283-7535 / Fax' (907) 283-3014
www. ci.kenai.ak.us
M emoranCtum
Date'
To'
From:
November 21, 2005
Kenai Airport Commission (For Meeting of Dec. 8m)
Kenai Planning and Zoning Commission (For Me, etin/g of Dec. 14~)
Kim Howard, Assistant to the City Manager
Lease Application, Ronald J. Johnson d/b/a Kenai Mini Storage
Rentals, Inc. - Lot 3, Block 5, Cook Inlet Industrial Air Park
Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. has submitted a lease application for
Lot 3, Block 5, Cook Inlet Industrial Air Park. The property is on Airport Way and is shown on
the attached map. The Supplemental Planning Assessment that is underway includes this parcel
in the proposed Airport Reserve boundary.
Property in the proposed reserve is for short-term and long-term airport-related uses and should
not be sold. All uses within the boundary should comply with the airport land use plan and
airport layout plan. Interim uses not consistent with the land use plan may be allowed if the land
is not currently needed for the land uses designated in the plan- as long as the uses are
consistent with safe airport operations and FAA standards, and the lease terms and conditions
alloTM the uses to change when the land is needed for a use consistent with the plan.
Before issuing a lease for an interim use, the airport consultants have said the City should
determine when the land would be needed for uses that conform to the land use plan. The City's
determination should be based on the land use plan, the airport master plan, airport capital
improvement program and sound airport planning. The maximum term for an interim use lease
would be the shorter of the term specified in the City's lease term guidelines for the airport or the
amount of time remaining until the land will be needed for a conforming use.
KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount
of investment in improvement proposed and made, and the nature of the improvement proposed
with respect to durability and time required to amortize the proposed investment. Mr. Johnson's
application states the minimum estimated value of improvements is $95,000 and he has asked for
a maximum lease term. According to the proposed Term Guidelines for Leases of Land within
the Airport Reserve, a 12-1/2 year lease would be allowed. The purpose of the lease is to expand
the storage facility that Mr. Johnson has constructed on adjacent Lot 2, Block 5 (which he
purchased from the City).
KMC 21.25.010 (b) states the Airport Commission shall observe, oversee and guide in an
advisory capacity, any matters relating to use of airport aeronautical lands. The Airport
Commission needs to determine:
le
0
If the intended use complies with the Airport Master Plan.
If the lease application complies with the airport land use plan and airport
layout plan.
If it does not, can an interim use be allowed?
Is there a determination when the land would be needed for uses that
conform with the land use plan as outlined in Paragraph 3 on Page 17
After review by the Airport Commission, the recommendation and application will be forwarded
to the Planning and Zoning Commission.
As outlined in KMC 21.10.030 (b)(5) and KMC 21.10.060 (a) the Planning and Zoning
Commission needs to determine:
le
e
If the intended use complies with the zoning ordinance and comprehensive
plan of the City.
If the application is complete.
The use proposed in the application is the highest and best use and conforms
to the Airport Master Plan and other goals set by the Commission or the City
Council.
The recommendations of both commissions will be forwarded to the Kenai City Council for
lease application approval.
Because the land is in the proposed Airport Reserve, the City Attorney has suggested that if the
lease application is processed before the new land code is adopted, the City should have Mr.
Johnson expressly waive the fight to purchase the property in his lease. This recommendation
will also be forwarded to the Council for its consideration.
Cc.'
/kh
Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc.
Rebecca Cronkhite, Airport Manager
Attachment
~ TR.B
TR. A
SUbject
property
6
IN
12
14
13
TR. A-2
TR. A-1
NO. 6
TR. 5-B-1
NO. 6 TR. 3-B-1
NO. 11
1A-7A
Ronald J. Johnson
Post Office Box 529
Friday, November 04, 2005
Kim Howard
City of Kenai
210 Fidalgo, Suite 200
Kenai, AK 99611
Dear Klm:
Kenai, Alaska 99611
Enclosed please fred my lease application and my check for $2020.00.
I would like to lease the parcel for a maximum tenn. It would be my intent
to purchase the parcel at a later date, subject to terms and conditions of the
City of Kenai.
The purpose of the lease is to construct additional single story self storage
capacity thereby enhancing my existing facility.
The parcel will be cleared and leveled with slope towards Airport Way and
the overburden will be disposed of offsite. The area shall be all gravel with
lawn planted in the set back areas.
There will be signage on the existing building on Lot 2. The perimeter will
be 6' chain link fence with an access gate off the City of Kenai driveway.
Please contact me if additional information is required.
Th
Email ronj @ ak-rep, com
Fon 907 283 2015 e-mail ronj~ak-rep.com Fax 907 283 2017
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant ~0 ~ ~
Ad&ess 9, ~, ~qSq
Business Name and Address
LL
Telephone
28¥- 20 5
Kenai Peninsula Borough Sales Tax No. (if applicable)
State of Alaska Business License No. (if applicable)
Legal Description
Purpose of Proposed Lease
Term of Proposed Lease
Description of Proposed Development (type, construction materials, size, etc.)
Time Schedule for Proposed Development · Beginning Date O~
· Completion Date (maximin of two years)
Estimated Value of Improvements $ q'~, 000--'
APPLICANT, S SiGNATURE(.~~~~'. 2)~~'//
APPLICANT'S SIGNATURE:
Date: il /O.-q /o2~
Date:
CITY OF KENAI
LEASE APPLICATION CHECKLIST
(All items must be completed before application can be accq~t~.)
Attach a development plan drawn to scale. Drawings do not need to be prepared by an
architect or engineer. Show the layout of the lot and the location of all proposed
improvements. The drawings also need to show the following.
1. Existing buildings
2. Proposed buildings
3. Parking facilities (how many spaces and location)
4. Site improvements
· Areas to be cleared and method of disposal
Proposed gravel or paved areas
Landscaping plan
(retention of natural vegetation and/or proposed planting areas)
5. Building set backs
6. Drainage plan and method of snow removal
7. Cixeulation plan (all entrances, exits and on-site access)
8. Location of sign(s)- sign permit required
9. Fencing- permit required if height is over 6'
10.Curb cuts (where applicable)
11. Building height
12. FAA Form 7460 Notice of Proposed Construction
(For construction of buildings on airport land. This form is to be submitted
to the FAA by the applicant. It can be downloaded from the FAA website
http://www.alaska.faa, gov/aimort~s, The site has a menu for forms.
t,,qo ,~
t
~10
CITY OF KENAI
LEASE APPLICATION- CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borough Parcel No.
Zoning (./.. / ~- ~ -~
4
Permits Required:
Conditional Use Permit
· Landscape Review
Building Permit
· Sign Permit
/7
Y
Assessments
Insurance Limits Required O~'ff-/-~, ~/-Jd
Construction must begin by ~-~~/,3 ,,,2 ,~'~--~z-j'
,
Completion date for major construction
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
3
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
1992
KENAI, ALASKA
M
MO:
TO:
FROM:
DATE:
SUBJECT:
Planning & Zoning Commission
Marilyn Kebschull, Planning Administrator~'~~"X
November 28, 2005
Tidelands Lease Application - City of Kenai Shore Fishery No. 2
The City of Kenai has received a lease application for Kenai Shore Fishery No. 2.
The Commission must determine whether "the contemplated use falls within that
permitted under the zoning ordinance." Waters within the City of Kenai are not
zoned. It appears reasonable to assume that if Cook Inlet were zoned, fishing
would be a permitted use.
Does the Commission find that the contemplated use is permitted under the
zoning ordinance?
210 Fidalgo Avenue, Kenai, Alaska 99fi11-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www. ci.kenai.ak.us
KENAI. ALASKA
Memorandum
Date:
To.'
From:
November 23, 2005
Kenai Planning and Zoning Commission (Meeting of December 14, 2005)
Klm Howard, Assistant to City Manager
Tidelands Lease Application- City of Kenm Shore Fishery No. 2
At their meeting of September 21, 2005, the City Council determined the attached described tidelands
could be leased. This was at the recommendation of the Harbor Conunission and the Planning and
Zoning Commission. As required by KMC 11.20.040, an ad was published twice in the newspaper
stating applications were being accepted October 4th- November 4th. Ted Crookston submitted the
only application. Mr. Crookston was the individual who initiated the lease of these tidelands.
KMC 11.20.070(a) requires that the Kenai Planning and Zoning Commission first review the lease
application to determine whether the contemplated use falls within that permitted under the zoning
ordinance. The Harbor Commission, in a public hearing at their January 9th meeting, will then review
the application. The Harbor Commission may make a recommendation to the City Council along
with any modifications or conditions. The City Council shall make the final determination of the
selection of the applicant, based on the commissions' recommendations, at their January 18th meeting.
The proposed term of the lease is for ten years. This is the term allowed for the City's current shore
fishery leases. The City Council has set the annual rent for shore fishery leases at $300, however, the
City may amend the annual rent equal to that charged by the State of Alaska, if that amount should
change during the term of the lease.
The Kenai Planning and Zoning Commission needs to determine whether the contemplated use
falls within that permitted under the zoning ordinance.
Cc: Ted Crookston
Attachmems
Kenai City Limits
~1111111!
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
RECEIVED
7~--~ _ ..... ::
OCT I ~ ZUL~
-' "" CiTY OF-kEt4'XI ......
............ ADMINISTRAI'ION .....
TIDELANDS LEASE APPLICATION
[KMC 11.20.050 (a) ]
.Name of Applicant T~-~_ ~ (_~,~OcO.~'~7'-O,~/
Address c/2521 Al. (St2a)/< Iliad7- ~~
Business Name and Address ~l~~ ~A~
FOR CITY USE ONLY
Date Received
T Jme Received c~2: ~'~-
~-- -.- (S i gn_a t,ufe)~
..... (Titte¢
1992
Telephone Number ~_~ 7 '~~3-~~~
Property Description
Desired Length of Lease (Not
less than 2 years, nor more than 99 years)
Time Schedule for Proposed Development-
Beginning Date:
Proposed Completion Date'
Estimated Value of Construction-
Checklist of attachments-
Development plan and drawings --~CY~ ~--Y
Financial plan of business
Performance bond (5% of estimated project cost)
Non-refundable fili
Applicant Signature:
Date:
C: \WPDOCS \LEASES\C I TYLAND \T I DELAND. FRM
Revised 9~95
S27'S26
N89'56'01 "E
976.11.'
CITY l ~MI T~
S89'56'01 "W
1785.90'
.CITY OF KENAI.
L~HOf~E FIL~HEH Y
LEASE NO. I
0
'r',
SFP, NO.
77
S25
S26
S23
S26
WEST
222O.25'
BITY OF KENAI
·
SHORE FISHERY
LEASE NO. 2
suBMERGED'LANDS wITHIN
TOWNSHIP 6 NORTH, RANGE 12
SEWARD MERIDIAN, AK AND THE
·
CITY OF KENAI
SCALE
1"= 500'
0 250 500
SECTION 26,
WEST,
ENGINEERING - TESTING
SURVEYING - MAPPING
P.O. BOX 468
SOLDoTNA, AK. 99669
VOICE: (907) 283-4218
FAX,: (907) 283-3265
WWW.MCLANECG.COM
LEGAL DESCRIPTION
CITY OF KENAI SHORE FISHERY LEASE
NO. 2
A CERTAIN PARCEL OF SUBMERGED LANDS WITHIN .A PORTION OF sEcTION
26, ~TOWNSHIP 6 NORTH, RANGE 12 WEST, SEWARD MERIDIAN, ALASKA
WITHIN TIDELAND PATENT 20598, THE CITY OF KENAI, THE KENAI
.PENINSULA' BOROUGH AND KENAI RECORDING DISTRICT AND MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE WEST 2220.25' FT. ALONG THE NORTH BOUNDARY OF SAID SECTION
TO THE WITNESS CORNER MEANDER CORNER COMMON WITH SECTION OF' 23 AND
26; THENCE S89°56'01"W 1.78~5.90 FT. TO CORNER NO. .1, THE POINT OF
BEGINNING; IDENTICAL WITH THE NORTHWEST CORNER OF THE CITY OF
KENAI SHORE FISHERY LEASE NO. 1
THENCE S 18o27'01'' E 1293.73 FT. ALONG THE COMMON BOUNDARY OF THE
CITY OF KENAI SHORE FISHERY LEASE NO. 1 TO CORNER NO. 2;
THENCE S 69o19' 03" W 148.62 FT. ALONG THE COMMON BOUNDARY OF THE
CITY OF KENAI SHORE FISHERY LEASE NO.. 1 TO CORNER NO. 3;
THENCE S 20°40'57" E 618.27' FT. ALONG THE COMMON BOUNDARY OF THE .
CITY OF KENAI SHORE FISHERY LEASE NO. 1 TO CORNER NO. 4;
THENCE S'70°37'12'' W 158.26 FT. ALONG THE' COMMON BOUNDARY OF THE
CITY OF KENAI SHORE FISHERY LEASE NO. 1 TO CORNER NO. 5;
THENCE S 19o22' 48" E 596.88 FT. ALONG THE coMMON BOUNDARY OF' THE
CITY OF KENAI SHORE FISHERY LEASE NO. 1 TO CORNER NO. 6;
THENCE S 70°37'00'' W 441.30 FT. TO THE POINT OF INTERSECTION wITH
THE WESTERLY EXTENTS OF ALASKA' TIDELANDS SURVEY NO. 272 BEING
CORNER NO. '.7;
_
THENCE.N 22°44'.00' W 2839.65' ALONG A LINE COMMON WITH SAID WEST
BOUNDARY OF ALASKA TIDELANDS SURVEY NO. 272 TO POINT OF
INTERSECTION WITH THE NORTH BOUNDARY OF SAID SECTION 26 BEING
CORNER NO. ..8;
THENCE N 89°56'01' 'E 976.1'1' ALONG A LINE COMMON WITH SECTIONS '23
AND SECTION 26, IDENTICAL WITH THE LIMITS OF THE CITY OF KENAI TO
CORNER NO. 1, THE POINT OF BEGINNING THUS EMBRACING
AN AREA OF 44.20 ACRES MORE OR LESS.
August 17, 2005
City of Kenai
Kim Howard
Assistant to the City Manager
210 Fidalgo Ave, Suite 200
Kenai, Alaska 99611-7794
Ted J. Crookston
42321 N. Cook Inlet, REM
Kenai, Alaska 99611
Subject: Tideland Lease Application for Shore Fishery
Dear Kim;
This letter serves as formal notification to the City of Kenai of my desire and intent to
obtain a Tideland Lease as set forth in KMC 11.20 for the purpose of a shore fishery.
I hereby request the City of Kenai to initiate all necessary procedures in order to process
my application as soon as possible.
My contact information is as follows:
Ted Crookston
42321 N. Cook Inlet., REM
Kenai, Alaska 99611
Primary business cell phone: 801'-502-8221 ~/
Email' tedcr0okston@jnac,,. ,com
Local telephone: 907-283-6480
Attached is a portion of a survey, labeled as "Attachment A," depicting the "Subject
Area" which identifies the area intended for the lease.
Thank you for your consideration and assistance. I look forward to working with you to
oro s .
Ted J. C~(tkston
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
e.ephone:
KENAI, ALASKA
M
MO:
TO:
FROM:
Planning & Zoning Commission
Marilyn Kebschull, Planning Administrator
DATE:
December 1,2005
SUBJECT: Land Use Table- Footnote 19
Footnote 19 reads, "Allowed as a conditional use provided that ingress and
egress from the property is from the Kenai Spur Highway" and is listed as a
requirement for some conditional use permits in the Rural Residential 1 and
Suburban Residential zones. With the State of Alaska, Department of
Transportation, limitations on right-of-way permits for the Kenai Spur Highway;
this requirement may prohibit development that is otherwise be appropriate.
When applications for Conditional Use Permits are reviewed, the Commission
evaluates access to insure that the proposed use is suitable for the location.
The Commission may place requirements on permits including access to and
from specific right-of-ways. It may be appropriate to amend the Land Use Table
and remove this additional requirement and review access on a case-by-case
basis.
Does the Commission want to hold a public hearing to amend the Land Use
Table and remove Footnote 19 from those uses currently limited by the
restriction?
14.22.010
Chapter 14.22
LAND USE TABLE*
Sections'
14.22.010 Land use table.
* Editor's Nolo: Thc land usc table was moved to its own chapter
by request of thc city.
14.22.010 Land use table.
LAND USE TABLE
· KEY:
P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
RESIDENTIAL
,
LAND USES C RR RR! RS RS! RS2 RU CC CG IL IH ED R TSH LC
One Family Dwelling C~ p' p p p p p p_,l S~ S2 S-' C2'' P P p
Two/Three Family Dwelling C~ P P P P P P P:~ Sl C C C"-' P P P
,,
: Four Family Dwelling C~ P C'~ P N N P P"~ S~ C C C2'' N P C
, ,
Five/Six Family Dwelling Cix C~ N P N N p p2~ SI C C N N p C
·
Seven or More Family C~ C3 N C3 N N P P:~ S~ C C N N P C
Dwelling
,,
Townhouses4 C~ C C C C C C C C C C C2'' C C C
, ,
Mobile Home Parks6 N C C C C C C C C C C N C N C
,
, ,
Planned Unit Residential C~ C C C C C C C C C C N C C C
Development7
,
COMMERCIAL
,
LAND USES C RR RRI RS RS! RS2 RU CC CG IL IH ED R TSH LC
·
,
Automotive Sales N C CTM N N N C P P P P N N N N
Automotive Service Stations N C C~''' N N N C P P P P N C N N
Banks N C CTM C N N C P P · P C ' N C C c
,
Business/Consumer Services N C CTM C N N C P P P C N C C C
,
,
,
Guide Service N C C C N N C P P P P N P P C
,
Hotels/Motels N C CTM C N N C P P P C N C p C
, ,
,
Lodge, N C C C N N C P P P C N P P C
Professional Offices N C CTM C N N P P P P P N C P P
,,
Restaurants N C CTM C N N C P P p C N C C P
Retail Business N C CTM C N N C P P P P N S24 C C
Wh0,!esale Business N C C~,, C N N C P P P P N S2~ C C
,,
Theaters/Commercial N C CTM C N N C P P C C N P C C
Recreation
291 (Kenai Supp. No. 85, %05)
14.22.010
LAND USE TABLE
KEY'
P = Principal Pen'nitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES C RR RRI RS RS1 RS2 RU CC CG 1L IH ED R TSH
Aiq~orts and Related Uses p20 C C~'} "".~ ,C-'.~'~ N N C P P P P N C N N
,,,
,
Automotive Repair/Tire N C C~'' C~'' N N C P P P P N N N N
R6capping/Rcbuilding
,,
Gas Manufacturer/Storage N N C~'~ CTM N N N N N C,, C" N N N N
Manufacturing/Fabricating/ N C C C N N C C P P P N C C N
Assembly Storage
Warehouses N C C'~ C N N C C P'> P P N C N N '
PUBLIC/
INSTITUTIONAL
,
,
LAND USES C RR RRl RS RSI RS2 RU CC CG IL IH ED R TSH LC
Charitable Institutions C C C C C C P P P P P P C P C
, ,
Churches* C pi. plo p~. p~0 plo P~" P~" P~" C C P P~" P p
I,
Clinics C C C C C C C P P P C C C C P
,
Colleges* C C C C C C C P P C C P C C C
........
Elementary Schools* C C C C C C C P P C C P C C C
Governmental Buildings C C C C C C C P P P C P C C P
~High Schools* C C C C C C C P P C C P C C C
Hospitals* C C C C C C C P P P C C C C C
. ,
Libraries* C C C C C C C~2 P P P C P C P C
Museums C C C C C C C P P P C P C P C
.
,
Parks and Recreation P C C C C C C P P P P P P P C
Sanitariums C C C C C C C C C' c c c c c c
MISCELLANEOUS
,.
__ LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC
.
Animal Boarding~3.''*" C C C C C N N C C C C N C N C
Bed and Breakfast C C C C C C C C C C C N C C C
Cabin Rentals C C C C N N N P P P C N P P C
~ Cemeteries C C C C N N N C C C C N C C ' N
' ,,
Crematorics/Funerai Homes N C N C N N C C C C C N C C C
Day Care Centers~-' C C C C C C C P P P C C C C P
'
Domfitories/Boarding Houses C C C C C C P p2~ S C P p23 C C P
~Essentiat Services P p p p p p p p p p p p p p p
Farming/Gardening and P P P P P P P P P P C N P P p'
General Agriculture***
,.
Greenhouses/Tree Nurseries~'~ C C C C C C C P P P C N C C P
.,
Gunsmithing, Printing, N C C C C C C P P P P N C P P
'Taxidermy
,,
,
(Kenai Supp. No. 85, 7-05) 292
14.22.010
LAND USE TABLE
KEY:
P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not 'Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
,,
MISCELLANEOUS
I.,AN D USES C RR RRI RS RSI RS2 RU CC CG IL 1H ED R TSH LC
, , ,
Assemblies~'~ (Large: C C C C C C C P~ PI'~ P~'~ P~'~ P~'~ C P N
Circuses, Fairs, Etc.)
Fraternal Organizalions/ N C C C C C C P P P C N C P C
Private Clubs/Social Halls
and Union Halls
Nursing, Convalescent or N C C C C C C P P C C C C C C
Rest Homes
Parking, Off-Street P P p p p p p p p p p p p p p
, ,
Parking, Public Lots~: C C C C C C C C C C C C C C C
Personal Services-''~ C C C C C C C P P P P' C C P P
.....
,,
Radio/TV Transmi~ters/Cell P P C C C C C P P P P P C C i C
Sites**
,,
Recreational Vehicle Parks C C C C N N C C C C C N C C N
Subsurface Extraction of C C C C C C C C C C C N C N N
Natural Resources~'
,
Surthcc Extraction of Natural C C C C N N C C C C C N C N N
Resources ~ 7
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See Telecommunications Act of 1996, Sec. 704(a).
*** See, however, the limitations imposed under KMC 3.10.070.
Footnotes:
(! ) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways.
(2) One (1) single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying thc following conditions:
(a) The usable area per dwelling uni! shall be the same as that required for dwelling units in the RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable health regulations;
(e) Thc proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the
character of the surrounding neighborhood, and will not adversely affect surrounding property values;
(t) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and
recreational and community activities;
(g) There shall be provided, as part of thc proposed development, adequate recreation areas to serve thc needs of thc anticipated
population;
(h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets arc designed;
(i) Thc property adjacent to thc proposed dwelling group will not be adversely affected.
,(4) Sec "Townhouses" section.
(5) Sec "Mobile Homes" section.
(6) Allowed as a conditional usc, subjccl to "Mobile Homes" section and provided that any mobile home park meets thc minimum Federal
Housing Authority requirements.
(7) Sec "Planned Unit Residential Development" section.
,
293 (Kenai Supp. No. 85, %05)
14.22.010
(8)
(9)
(!o)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(2S)
Allowed as a conditional usc, provided ti'mt thc proposed location and thc characteristics of thc site will not destroy thc residential character of
thc neighborhood.
Allowed as a conditional usc, provided.that all applicable safety and fire regulations arc met.
Provided that no part of any building is iocatcd nearer than thirty (30) feet to any adjoining street or property linc.
Allowed as a conditional usc, provided that no part of any building is located nearer than thirty (3{)) fcct to any adjoining street or properly linc
and provided further that thc proposed location and characteristics of thc usc will not adversely affect thc commercial dcvclopmcnt of thc zone.
Allowed as a conditional usc, provided that thc following conditions are met:
(a) Thc proposed location of the usc and thc size and characteristic of thc site will maximize its benefit to thc public;
(b) Exits and entrances and off-street parking tbr the use are located to prevent traffic hazards on public streets.
Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions arc adequate to assure that thc usc will no! bca
nuisance to surrounding properties. The Commission shall specify thc conditions necessary to fulfill this requirement.
Allowed as a conditional usc, provided that no indication of said usc is evident from thc exterior of the mortuary.
Allowed, provided that the following conditions are met:
(a) An uncleared butter strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone.
(b) Exits and entrances and oft-street parking for thc use shall bc located to prevent traffic hazards on thc public streets.
Sec "Conditional Uses" section.
Sec ~'Conditional Use Permit for Surface Extraction of Natural Resources" section.
Conditional Use allowed only on privately held property. Not allowed on government lands.
Allowed as a conditional usc provided that ingress and egress from the property is from the Kenai Spur Highway.
The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that tbr properties contained inside
thc airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses arc allowed.
Setbacks for usc shall be the same as those listed in thc "Development Requirements Table" for the RU/TSH zones.
Allowed as a conditional use in conjunction with a pein'fitted use in thc ED zone. For example, housing for teachers or students ~br a school in
thc zone.
Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school
or educational facility.
Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business).
Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning
salons and massage therapists.
(Amended during 7-7-99 supplernent; Ord. 1862-2000; amended during 12-1-00 supplement; Ords. 1911-
2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005)
(Kenai Supp. No. 85, 7-05) 294
AGENDA
KENAI CITy COUNCIL- REGULAR MELTING
NOVEMBER 16, 2005
7:00 P.M.;
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai, ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
,
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COM _MENTS (10 minutes)
Ken Duff, Ex. Director, Frontier Community Services -- Frontier
Community Services Building Project.
Rhonda Ogelsby/Kenai Kennel Club -- Section 36/Request for Space --
Dog Park/Section 36.
Se
Comments/Wal-Mart (3 minutes/speaker)
ITEM C:
UNSCHEDULED PUBLIC COUNTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY, LRGIS~TORS AND_ COUNCH~_
ITEM E:
PUBLIC HEARINGS
/~gg, 1.
Ordinance No. 2131-2005 -- Increasing Estimated Revenues and
Appropriations by $1,300 in the General Fund for the Staying Connected
Grant.
Ordinance No. 2132-2005 -- Increasing Estimated Revenues and
Appropriations by $5,000 in the General Fund for a Donation Made by
Tesoro Petroleum Co. to be Used for the Town Clock[
Resolution No. 2005.48 -- Directing the Continuation of the Project
Entitled "Set Net Drive (From VIP Drive to Water§ate Way}" and
Designating What Improvements Are to be Included in This Project.
(Clerk's Note: A motion for approval of Resolution No. 2005-48 is on the
tabJe.)
ITEM F:
Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter
Fishery into the Existing Commercial IFQ System.
Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone
Revisions to the Alaska Water Quality Standards.
MINUTES
.
*Regular City Council Meeting of November 2, 2005.
ITEM G:
_
ITEM H:
OLD BUSINESS
Discussion -- Proposed Sale of Wetlands/The Conservation Fund.
(Clerk's Note: A motion to sell Parcels 4, 5, and 6 is on the table.}
Approval -- Appointment of Mini-Grant Steering Committee
,,NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $15,000
e
*Ordinance No. 2133-2005 -- Increasing Estimated Revenues and
Appropriations by $36,370 in the Airport Land Fund for Repairs at the
Flight Service Station.
e
*Ordinance No. 2134-2005 -- Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund for a State Library Grant.
Approval-- Assignment/Security Assignment of Lease and Amendment
to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma &
Pa Alaskan Treasures, Inc.
Approval -- Vacation of the South 33-Foot Right-of-Way Easement
Adjacent to Government Lot 94 and Vacate the North 33-Foot Right-of-
Way Easement Adjacent to Oovemment Lot 105, Reserving a 30-Foot
Easement, 1 $ Feet Both Sides of the Property Line Between Government
l.~t~ 94 and 1015 for U~tie~. Original Patent No. 53348, Recorded in
Book 31, Page 236 Kenai Recording District; Within Section 34,
Town~hip 6 North, Range 11 We~t, Seward Meridian, Alaska, the City of
Kenai and the Kenai Peninsula Borough. KPB File No. 20015-256;
Petitionera: Edmund ¢. and Iri~ B. Endera of Anchorage and ,John d.
Williama of Kenai, Alaska; Location, City of Kenai.
Approval -- Lease Application/Tract B-1, Baron Park No. 10; Tract C,
Bm'on Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and
^~ociates, Inc. on Behalf of Wal-Mart Stores, Inc.
,z~z~)~"~z~ '-~*"~E'~ 8. Dlscussio. n -- Peninsula Ar.t Guild/Request for Fundirsg
ITEM I: COMMISSION[ COMMITTEE REPORTS
~
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM J:
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
,EXECUTIVE SESSION- None Scheduled
ITEM M: ADJOURNMENT
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
DECEMBER 7, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai, ak.u s
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (3 minutes)
.
Ti_m_ Dillon, Arctic Winter Games -- Funding Issues.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
.
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS
ITEM E:
.
PUBLIC HEARINGS
Ordinance No. 2133-2005 -- Increasing Estimated Revenues and
Appropriations by $36,370 in the Airport Land Fund for Repairs at the
Flight Service Station.
.
Ordinance No. 2134-2005 -- Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund for a State Library Grant.
.
e
Resolution No. 2005-51 -- Setting the Public Hearing Date on the
Proposed McCollum and Aliak Drives Paving District.
Resolution No. 2005-52 -- Adopting the City of Kenai Capital
Improvements Plan Priority List Fiscal Year 2006 - 2011 as the Official
Six-Year Capital Improvements Plan for the City of Kenai.
Se
Resolution No. 2005-53 -- Awarding Non-Exclusive On-Airport Car
Rental Concessions to Corporate Sales & Leasing, Inc., d/b/a Budget
Rent A Car of Kenai; Alaska Rent A Car Inc., d/b/a Avis; Thc Hertz
Corporation; and, Alaska Dial A Car Inc., d/b/a Payless for the Period
January 1, 2006 Through December 31, 2010.
,
ITEM F:
.~ ~/~ .
2.
3.
ITEM G:
ITEM H:
e
.
ITEM I:
le
2.
3.
4.
5.
6.
7.
Resolution No. 2005-54-- Approving the Sale of Lots One (1), Two (2)
and Three (3), Block One (1), Evergreen Subdivision, Klm Addition.
*Liquor License Renewal-- Kenai Golf Course Caf6, Inc., d/b/a Kenai
Golf Course Card.
MINUTES
*Regular City Council Meeting of November 16, 2005.
*Council Work Session of November 28, 2005.
*Council Work Session of November 12, 2005.
OLD BUSINESS
Approval -- Lease Application/Tract B-l, Baron Park No. 10; Tract C,
Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and.
Associates, Inc. on Behalf of Wal-Mart Stores, Inc.
{Clerk's Note: A motion to approve the lease application was postponed
from the November 16, 2005 council meeting to December 7, 2005.}
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $15,000
*Ordinance No. 2135-2005 -- Increasing Estimated Revenues and
Appropriations by $6,100 in the General Fund for a Donation to the
Peninsula Art Guild for Building Repairs.
*Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of
Land to The Conservation Fund for Fair Market Value and Placing
Certain Conditions on the Sale.
Discussion -- Schedule Work Session/City Manager Search
Discussion -- October 2006 Council Meeting Schedule
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b,
Alaska MUnicipal League Report
Arctic Winter Games
Stranded Gas Committee
ITEM J:
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Personnel Issues
ITEM M:
ADJOURNMENT
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTN^, ALASKA
5:30 p.m. November 14, 2005
Tentative Agenda
MEMBERS:
Tom Clark
Anchor Point / Ninilchik
Term Expires 2005
Mari Anne Gross
Southwest Borough
Term Expires 2008
Lynn Hohl
Seward City
Term Expires 2008
Bill Hutchinson
Ridgeway
Term Expires 2007
Brent Johnson
Kasilof / Clam Gulch
Term Expires 2006
ALTERNATES:
Bill Hutchinson
Ridgeway
Term Expires 2007
Jim Isham
Sterling
Term Expires 2006
Mark Massion
Seldovia City
Term Expires 2006
A.
Bo
C.
D.
E.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Altemate Excused Absences
3. Minutes
a. October 24, 2005
PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
SUBDIVISION PLAT PUBLIC HEARINGS
.
Binocular Bluff Holiman Addition
KPB 2005-262
[Anderson/Honey Cut Ranch LLC]
Location: City of Homer
.
ITC - Anchor Point Subdivision Tract B Replat
KPB 2005-284
[Integdty/KPB]
Location' East of Sterling Hwy in Anchor Point
Anchor Point APC
.
College Estates Fish Camp Addition
KPB 2005-285
[Integrity/Wentworth, Hudson, Dragnich, Miller, Hyer, Gilva, Galvin]
Location: On Kenai River in Soldotna
.
Lighthouse Community Church
KPB 2005-292
[Integrity/Copeland, Light HouSe Community Church]
Location: North. of Kenai Spur .Hwy in Nikiski
.
Aspen Flats Subdivision Cotler Addition
KPB 2005-297
[Integrity/Coffer]
!
.
¸.
.
.
10.
11.
12.
14.
15.
Location: City of Soldotna
Kings Creek Urban Addition No 5
KPB 2005-286
[Imhoff/Urban]
Location: North of East End Road in Homer
K-Bay APC
Martin's Retreat No 2
KPB 2005-287
[Imhoff/Martin]
Location- North of Skyline Ddve in Homer
K-Bay APC
Pacific Park No 2
KPB 2005-295
[Imhoff/LeiseldLong]
Location: East of Sterling Hwy in Anchor Point
Anchor Point APC
Coastal Meadows Soadng Eagle Addition
KPB 2005-296
[Imhoff/Bums/Entz]
Location: West of Steding Hwy in Ninilchik
Cape Resurrection Subdivision No 2
KPB 2005-288
[Johnson/Backlund]
Location: East on Alaska Railroad in Seward
Tutsilitnu Subdivision No 2
KPB 2005-289
[Johnson/Gwartney]
Location: Hope area
Kline Subdivision
KPB 2005-298
[Johnson/Kiine]
LocatiOn: East of Sterling Hwy in Anchor Point
Anchor Point APC
Bear Lake Subdivision Eihard Replat
KPB 2005-290
[Cline/Elhard]
Location: East on Alaska Railroad near Bear Lake
Hawkeye Too Lot 9 Replat
KPB 2005-291
[Ability/Williams]
Location: East of Nikolaevsk Road in Anchor Point
Anchor Point APC
Rea-Jay Subdivision Replat 2005
KPB 2005-301
[Ability/Christman]
Location: North of Skyline Drive in' Homer
Fo
K-Bay APC
16.
Olson Hills
KPB 2005-293
[Borderline/Olson]
Location: West of Old Sterling Hwy in Anchor Point
Anchor Point APC
17.
Whispering Spruce Subdivision Scott Replat
KPB 2005-299
[Segesser/Scott]
Location: West of Tustumena Lake Road
18.
Section Line Easement Vacation Plat
KPB 2005-300
[Segesser/Kalugin, Fefelov, Dorvall, Nikolaevsk, Inc.]
Location: East of. NikolaevskVi!!age
K-Bay APC
FINAL PLATS
,
Arctic Moon 2005 Addition (Final Plat)
KPB 2005-166
[Imhoff/Burns)
Location: East End Road in Homer
K-Bay APC
G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held November 28, 2005 .in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
pLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: .::.: .::-'..'~:: ::-~:~:i~.i' '...,~ :.: ~.,~.,:-,...'..~., i: ..:;....'~ '. :,:'
Philip Bryson
Chairman B.
Kenai City
Term Expires 2007 C.
Tom Clark
Vice Chaim3an
Anchor
Point/Ninilchik
Term Expires 2007
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
PC Member
Soldotna City
Term Expires 2008
Lynn. Hohl
PC Member
Seward City
Term Expires 2008
VVilliam Hutchinson
PC Member
Ridgeway
Term Expires 2007
James isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term .Expires 2006
KENAI PENINSULA BOROUGH PLANNING COMMISSION~
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
November 14, 2005 - 7:30 P.M.
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an astedsk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. Them will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a COnsent agenda item or a regular agenda item other than a public headng,
please advise the reCording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1.
Time Extension Requests
a. BoWers Subdivision Kachemak View Addition No 2
KPB File 2003-237 [Imhoff/Caffee-DeLapp]
Location: City of Homer
bo
Richka Park Estates Phase 1
KPB File 95-056 [Integrity/Hall]
Location: City of Kenai
C.
Epperson's Hill Park Subdivision
KPB File 1998-110 [Anderson/Epperson]
Location: North Fork Road west of Knob Hill Road
d.
Carl Sholin Subdivision No 5
KPB File 2002-151 [Anderson/Stewart]
Location: City of Homer
e.
Murray Subdivision Leah Addition
KPB File 2004-249 [Swan/Martin]
Location' South of Sterling Hwy west of Longmere Lake
River Park Estates Starr Addition
KPB File 2002-048 [Swan/Hodges/Starr]
Location: North of Funny River Road
Plats Granted Administrative. Approval
*3.
Plats Granted Final Approval (20.04.070)
Plat Amendment Request
*5.
Coastal Management Program
a.
Conclusive, Consistency Determinations Received from DGC
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Taudainen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
Planning Director
John Williams
Borough Mayor
D.
E.
F.
Go
H.
K.
L.
U.
N.
O.
Q.
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
*7. Minutes
a.
bo
October 24, 2005 Plat Committee Minutes
October 24, 2005 Planning CommiSsion Minutes
PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited,to five minutes per speaker unless previous
arrangements are made.)
1. Election of Planning Commission Officers
.
UNFINISHED BUSINESS
PUBLIC HEARINGS
.
Vacate a portion of Hall Road adjacent to Tract A, dedicated by Tract A
Francis J. Hall Homestead (Plat KN 78-157) and as shown on Sangster
Subdivision (Plat KN 2005-35); within Section 21, Township 5 North, Range
9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough.
KPB File 2005-272; Petitioner: Kenny Merkes of Sterling, Alaska; Location:
East .of Longmere Lake
.
Reclassification of borough land in'the Cooper Landing area as Preservation
described as Tract A, Sundse View Subdivision (Preliminary Plat, KPB 98-
225) containing approximately 10.00 acres, pursuant to KPB Code of
Ordinances, Chapter 17.10.080(F)
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDE~TIONS
SUBDIVISION PLAT PUBLIC HEARINGS
.
The Plat Committee is scheduled to review 18 preliminary plats and 1 final
plat.
COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
OTHER/NEW BUSINESS
ASSEMBLY COMMENTS
DIRECTOR'S COMMENTS
COMMISSIONER COMMENTS
PENDING ITEMS FOR FUTURE ACTION
ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
.
.'
Resolution SN 2005-15: Renaming Certain Public Rights-of-way within Section 7,
T5N, R8W; Section 14, T5N, R8W; Section 23, T5N, R9W; and Sections 27 and 28,
T5N, R9W, S.M., AK, within Emergency Service Number (ESN) 302; Section 32,
T5N, R10W, S.M., AK within Emergency Service Number (ESN) 303; Section 6, T6N,
R11W; Section 8, T7N, R11W; Sections 11, 13, 14, 15, and 25, T7N, R12W, S.M.,
AK within Emergency Service Number (ESN) 501, as approved October 24, 2005
The Touchstone Newsletter- October 2005
.
City of Seward Planning Commission Meeting - October 6 & 7, 2005~
.
Anchor Point Advisory Planning Commission Minutes - Special Meeting - November
3, 2005
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held November 28, 2005
in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30'p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission
Cooper Landing
Anchor Point
Meeting Location
Cooper Landing Community Hall
Anchor Point
Chamber of Commerce Office
Date
December 14, 2005
November 15, 2005
December 6, 2005
Time
7:30 p.m.
7:00 p.m.
7:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please vedfy the meeting
date, loCation, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
·
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address:
web site:
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
5:30 p.m. November. 28, 2005
Tentative Agenda
MEMBERS:
Tom Clark
Anch'or Point / Ninilchik
Term Expires 2005
Mari Anne Gross
Southwest Borough
Term Expires 2008
Lynn Hohl
Seward City
Term Expires 2008
Bill Hutchinson
Ridgeway
Term Expires 2007
Brent .Johnson
Kasilof / Clam Gulch
Term Expires 2006
ALTERNATES:
Rick Foster
Homer City
Term Expires 2007
Jim Isham
Sterling
Term Expires 2006
Mark Massion
Seldovia City
Term Expires 2006
A.
a.
C.
D.
Eo
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Altemate Excused Absences
3. Minutes
a. November 14, 2005
PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
SUBDIVISION PLAT PUBLIC HEARINGS
.¸
Jeff Foster Property Tract C
KPB 2005-302
[McLane/Foster]
Location: South of Sterling Hwy in Soldotna
.
.
.
Bolstridge Subdivision Addition No 6
(Revised Preliminary)
KPB 2005-086
[McLane/Hammond, Hammond Trucking & Exc.]
Location' Off Sterling Hwy in Sterling
Razdolna Subdivision 2006 Addition
KPB 2005-304
[McLane/Basargin]
Location: East of BaSargin Road in Holm
K-Bay APC
Evergreen Subdivision Webber Addition
KPB 2005-303
[Integrity/Webber]
Location' City of Kenai
NOV
PLANNING
.
Emerald Highland Estates Subdivision Unit 7 N/C
KPB 2005-305
[Seabright/Polis, Warren, Bayer]
Location' City of Homer
.
Bay View Subdivision No 6 N/C
KPB 2005-306
[Ability/Lamendola]
Location: City of Homer
.
.
Bayview .Gardens Subdivision No 13 N/C
KPB 2005-307
[Ability/Lamendola]
Location: City of Homer
Gregory Subdivision Webb Addition
KPB 2005.308 ..
[Eastham/Webb]
Location: North of Sterling Hwy. in Sterling
.
Southern Bluff Acres Addition No 1
KPB 2005-309
[Eastham/R&S Limited]
LOcation: South of Sterling Hwy on Southern Bluff St.
F. FINAL PLATS
.
Sangster Subdivision Hall Lake Addition (Final Plat)
KPB 2005-260
[Segesser/Sangster]
Location: East of Longmere Lake
G. MISCELLANEOUS INFORMATION - NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held December 12, 2005 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m. ·
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: plann.in~borou.qh.kenai.ak, us
web site: www. borou.qh.kenai.ak.us/plannin.qdept
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
V'me Chairman
AnchOr
Point/Ninilchik
Term Expires 2007
'Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Marl Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
PC Member
Soldotna City
Term Expires 2008
Lynn Hohl
PC Member
Seward City
Term Expires 2008
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
~James Isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
Ao
B,
C.
D,
E,
F,
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH .BINKLEY STREET
SOLDOTNA, ALAS~
November 28, 2005 - 7:30 P.M.
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked With an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. Them will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the. recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1.
Time Extension Requests- None
*3.
Plats Granted Administrative Approval
Plats Granted Final ApProval (20.04.070)
*5.
Plat Amendment Request
Coastal Management Program
ao
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. current Reviews
*6. Commissioner Excused Absences
*7. Minutes
a. November 14, 2005 Plat Committee Minutes
b.
November 14, 2005 Planning Commission Minutes
PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
UNFINISHED BUSINESS
PUBLIC HEARINGS
.
Vacate that portion of Washington Street dght of way and associated utility
easements, if any, between Lot 17A Block 9 Banic Replat (Plat SW 83-08)
and Lots I and 2 Block 40dginal Townsite of Seward (Plat SW 000001),
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
Planning Director
John Williams
Borough Mayor
.
within Section 10, Township 1 North, Range 1 West, Seward Meridian,
Alaska; the City of Seward and within the Kenai Peninsula Borough. KPB
File 2005-294 Petitioner: Jeff Mow, on behalf of the U.S. National Park
Service; Seward, Alaska; Location: City of Seward
Rename existing streets in conjunction with the Enhanced 9-1-1 Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting am described as follows:
ao
Adelaide Drive (southern segment) within Sterling Heights
Subdivision (K 935), Section 11, T5N, R9W, S.M., AK; Location:
south of Robinson Loop Road, Sterling area; ESN 302; Reason for
change: duplicate name
b.
Co
Bechamf Avenue within Highland Bluff Subdivision (KN 80-38),
Section 33, T3N, R12W, S.M., AK; Location: east of Cohoe Loop
Road, Kasilof area; ESN 302; Reason for change: duplicate name
Bechamf Avenue/Court within Highland Bluff Subdivision (KN 80-38),
Section 33, T3N, R12W, S.M., AK; Location: west of Cohoe Loop
Road, Kasilof ama; ESN 302; Reason for change: duplicate
name/correct suffix; entire mad proposed to be renamed Becharof
Circle
do
Cay Bee Court within Lake View Terrace # 3 Phase One (KN 87-66),
Section 20,. T5N, R9W, S.M., AK; Location: off St. Theresa Road,
Sterling area; ESN 302; Reason for change: sound alike of an
existing name
eo
Center Road within Cohoe Shores (KN 73-77), Section 15, T3N,
R12W, S.M., AK; Location: south of Tri Road, Kasilof ama; ESN
302; Reason for change: duplicate name
Chinook Avenue within Homestead Subdivision (K-1662), High Tide
Subdivision (KN 82-87), Kimbm Estates (KN 91-49), and Winter
Subdivision (KN 2002-52), Section 35, T3N, R12W, S.M., AK;
Location: east of Cohoe Loop Road, Kasilof ama; ESN 302; Reason
for change: duplicate name
go
Chinook Circle within Cohoe Country Estates (KN 83-47), Section
10, T3N, R12W, S.M., AK; Location: off Cohoe Loop Road, Kasilof
ama; ESN 302; Reason for change: duplicate name
h.
Chinook Lane within Kalifonsky Subdivision (K-1611), Section 13,
T4N, R12W, S.M., AK; Location: Kasilof area; ESN 302; Reason for
change: duplicate name
Chinook Run Ddve within Stephenkie Alaska Subdivision Alaska
State Land Survey No. 73-146 (KN 79-83), Section 36, T5N, R8W,
S.M., AK; Location: south of the Kenai River, Steding ama; ESN 302;
Reason for change: duplicate name
Chum Circle within Salmon Slough Subdivision Part One (KN 75-38),
Section 27, T5N, R8W, S.M., AK; Location: off Fisherman Avenue,
Sterling area; ESN 302; Reason for change: duplicate name
Cirrus Street (northern segment) within Big' Sky Subdivision (KN 76-
57) and Rose Subdivision (KN 80-116), Section 27, T7N, R12W,
Go
Ho
Jo
K,
S.M., AK; Location: off Miller Loop, Nikiski; ESN 501; Reason for
change: duplicate name
Currant Road within Cohoe Acres Subdivision (KN 73-72), Section 2,
T2N, R12W, S.M., AK; Location: off Lupine Road, KasilOf area; ESN
302; Reason for change: duplicate name
m.
Curtis Court (off Marlene Drive) within Cohoe Shores (KN 73-77),
Section 15, T3N, R12W, S.M., AK; Location' south of Td Road,
Kasilof area; ESN 302; Reason for change: duplicate name
Curtis Courts (between Yolanda and Susan Ddve) within Cohoe
Shores (KN 73-77), Section 15, T3N, R12W, S.M., AK; Location:
south of Td. Road, Kasilof area; ESN 302; Reason for change:
duplicate name
Oo
Curtis Court off Ruby Ddve within Cohoe Shores (KN 73-77), Section
15, T3N, R12W, S.M., AK; Location: south of Td Road, Kasilof area;
ESN 302; Reason for change: duplicate name
p.
q.
Daredevil Circle within Sevena Lake Meadows Amended (KN 87-27);
Location: off Sevena Lake, Sterling ama; ESN 302; Reason for
change: duplicate name
Douglas Road within Weaver Subdivision Amended (KN 84-184),
Section 11, T5N, R9W, S.M., AK; Location: off Robinson Loop
Road, Steding area; ESN 302; Reason for change: duplicate name
Lower Salamatof Avenue (adjoining the lake) within McGmdy
Subdivision No. 2 (KN 79-94), Section 2, T6N, R12W, S.M., AK;
Location: east of Lower Salamatof Lake, Nikiski; ESN 501; Reason
for change: duplicate name
S.
Robert Road within Cohoe Shores (KN 73-77), Section 15, T3N,
R12W, S.M., AK; Location: south of Td Road, Kasilof area; ESN
302; Reason for change: duplicate name
~Ruby Drive within Cohoe Shores (KN 73-77), Section 15, T3N,
R12W, S.M., AK; Location: south of Td Road, Kasilof area; ESN 302;
Reason for change: duplicate name
An Ordinance adopting a Comprehensive Plan for the City of Seward.
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
.
October 24, 2005 Plat Committee Denial of exception to KPB 20.20.180
associated with Eisa Louise Subdivision Bangerter Addition; KPB File 2005-
279 [Segesser/Bangerter]; Location: West of Moose River in Sterling
SUBDIVISION PLAT PUBLIC HEARINGS
,
The Plat Committee is scheduled to review 9 preliminary plats and 1 final
plat.
COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L,
OTHER/NEW BUSINESS
· M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
FUTURE PLANNING COMMISSION MEETING
The next r.egularly scheduled Planning Commission meeting will be held December 12, 2005
in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date Time
Cooper Landing Cooper Landing Community Hall December 14, 2005 7:30 p.m.
Anchor Point Anchor Point December 6, 2005 7:00' p.m.
Chamber of Commerce Office December 20, 2005 7:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: Diannin~(~.borou~h.'kenai.ak. us
_
web site: www. borou;h.kenai.ak, us/plannin.qdept
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
5:30 p.m. December 12, 2005
Tentative Agenda
MEMBERS:
Tom Clark
Anchor Point / Ninilchik
Term Expires 2005
Mari Anne Gross
'Southwest Borough
Term Expires 2008
Lynn Hohl
Seward City
Term Expires 2008
Bill Hutchinson
Ridgeway
Term Expires 2007
Brent Johnson
Kasilof / Clam Gulch
Term Expires 2006
ALTERNATES:
Rick Foster
Homer City
Term Expires 2007
Jim lsham
Sterling
Term Expires 2006
Mark Massion
Seldovia City
Term Expires 2006
a.
Co
D.
Eo
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES,. AND MINUTES
1. Agenda
2. Member/Altemate Excused Absences
3. Minutes
a. November 28, 2005
PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
SUBDIVISION PLAT PUBLIC HEARINGS
.
King's Creek Nine
KPB 2005-311
[AndersonlRossiDeschenes/Kerouac]
Location- South of East End Road in Homer
K-Bay APC
Alaska State Land Survey No 2003-5
KPB 2005-312
[M u Iii ki n/KPB/SOA]
Location: Cooper Landing
Cooper Landing APC
.
Avalon Heights
KPB 2005-314
[Lang/Pace]
Location- West of Seward Highway in Seward
.
.
Augustine Subdivision 2005 Replat
KPB 2005-275
~ [Seabdght/Duke/Engelhardt/Bushelli]
Location: North of Skyline Ddve in Homer
K-Bay APC
Parkwood SubdivisiOn Soldotna Seniors Addition
KPB 2005-310
[McLane/Soldotna Senior Citizens}
Location: City of Soldotna
.
Soldotna Junction Subd. Mapco Replat No 3
KPB 2005-315
[Integrity/Meyer]
Location: City of Soldotna
.
Dena'ina Meadows
KPB 2005-316
[I nt eg dty/O'Neill]
Location: City of Soldotna
.
Section Line Easement Vacation Plat
KPB 2005-318
[Integrity/North Kenai Baptist Church]
'Location: North of Kenai Spur Hwy in Nikiski
.
Sangster Subdivsion Hall Lake Addition
(Revised Preliminary)
KPB 2005-260
[Segesser/Merkes/Stevens]
Location: East of Longmere Lake
10.
Dena'ina Point Estates St. Augustine Addition
KPB 2005-317
[Eastham/Lowe]
Location: City of Kenai
11.
Letzdng Ridge Subdivision
KPB 2005-319
[Tinker/Letzdng]
Location: West of Cohoe Loop Rd in Kasilof
G. MISCELLANEOUS INFORMATION - NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held January 9, 2006 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907,262-8618
e-mail address: ~31annin.a~borou_ah.kenai.ak. us
_ ,
web site: .www. borough.kenai.ak, us/planningdept
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
PC Member
Soldotna City
Term Expires 2008
Lynn Hohl
PC Member
Seward City
Term Expires 2008
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James Isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A.
a.
C.
Do
E.
F.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
December 12, 2005 - 7:30 P.M.
CALL TO ORDER
ROLL CALL
Tentative Agenda
I~II
------RECEIVED
.................. ~ ..............
[c 2oo5
ANNi:NG
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda .items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda, and considered in its normal sequence on the
regular agenda.
If you wish to Comment on a consent agenda item or a regular agenda item other than a public headng,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1. Time Extension Requests
*2. Plats Granted Administrative Approval
*3.
Plats Granted Final Approval (20.04.070)
Plat Amendment Request
*5.
Coastal Management Program
ao
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
Commissioner Excused Absences
*7. Minutes
a. November 28, 2005 Plat Committee Minutes
b.
November 28, 2005 Planning Commission Minutes
PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
UNFINISHED BUSINESS
PUBLIC HEARINGS
.
Rename existing streets in conjunction, with the Enhanced 9-1-1 Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting are described as follows:
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
iPlanning Director
John Williams
Borough Mayor
e.
ao
Deep Street within Lawrence Subdivision (HM 76-46), Section 15,
T2S, R14W, S.M., AK; Location: east of Oil Well Road, Ninilchik
area; ESN 451; Reason for change: duplicate name
b.
Deep Creek Avenue within Ninilchik River Acres Subdivision (HM 79-
115), Section 8, T25, R13W, S.M., AK; Location: north of Oil Well
Road, Niniichik area; ESN 451; Reason for change: duplicate name
C.
d.
Edgewood Avenue within Hillside Subdivision (KN 85-162), Section
20, T5N, R8W, S.M., AK; Location' south of Funny River Road,
Soldotna area; ESN 302; Reason for change: duplicate name
Emily Circle within Browns Acres Subd. Number Two (KN 85-49),
Section 25, T5N, R10W, S.M., AK; Location: off Foster Avenue, east
of Longmere Lake; ESN 302; Reason for change: duplicate name
eo
Ermine Court within Beaver Brook Estates (KN 78-29), Section 18,
~T3N, R11W, S.M:; AK; Location: "off BeaVer Brook Road, Kasilof
area; ESN 302; Reason for change: duplicate name
Ermine Way within Veil O'Mist Subdivision (K-1739), Section 5, T5N,
R8W, S.M.,AK; Location' off otter Trail Road, Sterling; ESN 302;
Reason for change' duplicate name
g.
Evergreen Avenue within Crooked Creek Ridge (KN 77-152) and
North Ridge Estates (KN 86-133), Section 13, T2N, R12W, S.M., AK;
Location' west of Crooked Creek Road, Kasilof area; ESN 302;
Reason for change: dupliCate name
h.
Fifth Avenue within U.S. Survey No. 3564 Townsite of Kasilof (KN
3564), Section 30, T3N, R11W, S.M., AK; Location: off irton Slone
Street, Kasilof area; ESN 302; Reason for change: duplicate name
Fifth Street within Kalifonsky Beach Industrial Park (KN 74-35),
Section 29, T5N, R11W, S.M., AK; Location: off Buoy Avenue,
Kalifomsky Beach Road; ESN 302; Reason for change: duplicate
name
Knoll Avenue/MacLaMore Circle within. Deep Creek Knoll (HM 85-
97), Deep Creek Knoll Number 3 (HM 89-2), Anglers Crest
Subdivision No. 2 (HM 2002-56), Sections 4 & 9, T2S, R14W, S.M.,
AK; Location: Approximately Mile 138 Sterling Highway, Ninilchik
area; ESN 451; Reason for change: duplicate name; Proposed to be
renamed Tidal Knoll Road
.
Ordinance 2005- Authorizing a Land Conveyance to the City of Soldotna
of a 10-acm Borough parcel on West Redoubt to support a city cemetery.
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
.
Resolution 2005-45; A Conditional Use Permit Pursuant to KPB 21.18 for the
construction of a 80-foot by 5-foot ELP access walkway to a 41-foot by 4-foot
ELP walkway along the dver bank attached to two sets of stairs into a
channel of the Kenai River. This project is located on a channel of the Kenai
River near the left bank at River Mile 14.8, located on Lot 13, Block 6,
CaStaway Cove Amended Subdivision, Section 19, T. 5 N., R. 10 W., S.M.,
AK, (KPB Parcel I.D.: 055-255-40).
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
I. SPECIAL CONSIDERATIONS
U.
SUBDIVISION PLAT PUBLIC HEARINGS
.
The Plat Committee is scheduled to review 11 preliminary plats.
K.
COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
,,
New Plat Committee for January, February, March 2006.
(Need 5 members with 2 alternates)
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P.
PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
.
Resolution SN 2005-16: Renaming Certain Public Rights-of-way within Section 1,
T5N, R10W; Section 2, T2N, R12W; Section 10, T3N, R12W; Sections 11 and 20
T5N, R9W; Section 13, T4N, R12W; Section 15, T3N, R12W; Section 27, T5N, R8W;
Section 33, T3N, R12W; Section 35, T3N, R12W; and Section 36, T5N, R8W, $.M.,
AK within Emergency Service Number (ESN) 302; 'Section 2, T6N, R12W .and
Section 27, T7N, R12W, S.M., AK within Emergency Service Number (ESN) 501, as
approved on November 28, 2005
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held January 9, 2005 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date
Cooper Landing Cooper Landing Community Hall January 11, 2006
Anchor Point Anchor Point December 20, 2005
Chamber of Commerce Office January 3, 2006
The Kachemak Bay Advisory Planning Commission is inactive at this time.
Time
7:30 p.m.
7:00 p.m.
7:00 p.m.
NOTE- Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: r)lannin~borou.Qh.kenai.ak, us
web site: www. borou~h.kenai.ak, us/Diannin~deDt
KENAI PENINSULA '. BOROUGH/
LEGAL DEPARTMENT'. ' -
144 N. Binkley. Street. "
Sold°tna~ Alaska'.99669
TO:
Max Begt', .Planning Dir~ctor
.,
CC:
FROM:
..
DATE:
olly B. M°n.tague, D~uty. BomUgh
November 28:,;2005
..
[~a~:~[ ..'__ . '[Phone #
1."--,'#: ' ' . '..~' IF.x#
..
Tel.' (90'.7) 262-8609
.' Fax'.(907) 26:2-8686
POst-Il TM brand fax transmittal memo 767! J # of pa,,= ~
SUBJECT: DisqUalification for bias.ofplanning. commissioner -
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QUESTION: Whether commissioners Who have *Offi o~~.aUP-, ~[0~ a.m ..emb.~. o.f.a.c,.ty
planning'and zoni~g.'pmceSs· should rec.~'themselves ~ifro~,'~g:.on thc same qllaSl-judicl~
.. . ,;
SHORT ANSWER:' Yes; sUCh'C°nduct Would.subj~.~ the d~-ision.m chall~ng~ as a result of
planning commissi°n bias..and' may.gi-v..~ .rise..to due pr0c¢ss claims. from parties that th~ heating
. .~
was not fair, . "
· .'i'
BACKGROUNI): "' Pursuant .iD 'K.PB 2.40,010 th '.m~.must. be a. borough plamfing co...mm, issioncr
from each'fir~ class or'home.~e city.' Th~re is no'req~u'".trera=nt .that the city mpres=ntative also
be a mcnnb~r.of the City.platming.. and zo..ningcommisSi~n, ~ H. ow,ver, as a mater.of practice
commissioners 'roprcsentiag tho'citiea' often :alSo.simultane°usly'serve on the city's planning and
zoning commission, The question :ariseS.Whether it' is' aPPr0priat¢ for those commissioners'to
vote on petitions before'the bom.ugh p!annin', g.commisSion.when they have alto., ady cast a vote on
the same applioation at the city plaxming and'zomg le.V~l...While KPB Cha.pt~ 2,58 addrcssos
coniiicts-of-im=r~st for borough.' officials,, including planning commissioners., it does not.address
this sep~ issue of Phuafiag exmunission bias, As.~ms~' below courts hav¢:grapplexl.with
this issue and §en~xally do not' regard.favorably a commission~ voting where the:Commissioner
has taken a definitive position, regard'm§ a parficular':~..."plication,
:
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;
.!
.;
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.:
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~ Alaska Statutes Title 7, B°rOu'~hs',' the 1962 pr~m~xsor i~ tho cUmmt AS'Title.29,.MUai¢ipslilics, did require a
plaxming commissioner from the..cities' advisory planning ¢ormui~s~m tn sit on the borough pla~,n~g commission.
Form=r AS 7.15.340(A).
Memo re PC Mcmbc-r bias
November 2'8, 2005'
Page 2 of 3 .
,
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ANALYSIS' The integrity.. re~luired of public officc..hoidcrs demands tha~ even .an "appearance.
of impropriety" b¢'avoidcd~'-.Zoning 'decisions that arc. thc result of p~udicc will be invalidated
under Alaska law.a Thc Planning Commi'ssion's function in this vacation al~lication is quasi-
judicial or admini~ve i~..nature because it is applying adopt~ laws'ar~'policy to.a particular
application,s When the Pl~g commission acts in a.~uasi-judi'cial capacity, it is analogo~ to a
judge who must fairly hear and'.w¢igh the ~ictence'reC~v~ and objectively.applYthe established
standards to the facts of the case..~ Commissioners wh°: have'prejudged the facts of an individual
case p .ending before it to the.extent' .that they'can no l°ng~r be'imp~, are.biased, 'and thek
participation in dccisi0ns may invalidate' the. commissi°a' s decision'md violate th~ due. process
clause whi'ch requires.fair hearings in.proc~ings affeCting'prOperty rights,s
Not all prejudgment eliminates, a.Commission~'s ability to debate and decide land. use issues; In
fact, planning commissioners are. expectS, to have preconceived notions r~garding .ismes of law
and policy and. are oiic~.selected"because Of their, fami.~ty .with.local.conditions. and concern
regarding land use is'su .e,s.6' A cOmmissioncr, voicing 'a~.'" opinion .regarding certain types of land
uses. do~s.not nece, sarily mean'that he will judge aParticutar al~licafion for .that Mad of land use
without r~gard to'thc applicable s~. dards.. HOwever, land .use.decisiom are.particularly prone to
bias b¢.caus~ commissioners'are, drawn from the .~un~. ge~°graghical area and because of the
legislative, adjudicative, .and PoLitical nature of the zoning process.
..
'.
The Alaska Supreme'.C, oun' has not.devel°Ped a sPCcifi~ test re' gardi .ng plmning commission~
bias b .asod on'prejud .gmem'.of.the facts of.a CaSe; howler, a amber 0f'otherjuri~~om have
addressed this issue. '.While .the' d .cc. isions, vary'.in.¢xa~y What acts .~ms.. emro disqt~ifying bias,
the' various tests ar~ sirnil.arlystate~ .and. g.en~ly do' not fault a.commiSsion~ for merely having
formed an opinion ' before C°nsidering. a!l the :evidence.: "The decisive question ... mas: be
wheth~ [tho commissioners] '..ac. mal. ly have made.'up...their .mind ... regardless of any argument that
might have bean.advanced'at thchearing,s A federal:cas'c: addressing .the adminis~ve.decision-
malting process states the test.for disqualifying bias as ?a. cli'.sinterested'observer' may.conclude
thai the agency has'in' some measm~: adjudged. the facts.
advance ofh~.aring it ,,al This case and several zoning ~aScs indicatc that th~.appearance ofbias,
.rather than act~ bias, disq~fies the commissioner,
: Gri~woM v. C~O' afHomer, 925P.2d 1015 (Alas~ 1996).
~ Winegardner v. Crre~er.dacior~ge .,4. rea 8orougA, 534 P.2d54 ! (Alaska 1975).
~ Rathkopf, The Law ofPlamting.and 'Zoni~, VOI: '2, sec..32.181511.
· Sld'
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2'o~m of R~dg~field, 552 A,2d 796 (Conn. 1.989)..' "
? Marris, at 847.
~ Ctodff'olettt', at 802. Citing Fur'tney v. $irnSb~ry Zoning. Commissian, 271 A.2ct 319, 323 (Conn. 1970}, Wagner
,lackson County Board ofzoning',4djus..tment,.8$7.S~W.2d 285,'289'0Vio. App. 1993).. '% c, lear s~nt suggcs~
that a decision has already been rescind,, or prejudged, should ~Uffie~ to invalidat~ a d~¢ision." Marrts, at 848.
~ Gt'nderella .Career and FinisAing Sel~.ols, Inc. V..FivC, 425 F.2dlSg3:'(D.C, 1970).
~o t~rin v. Council of Mun~ctpality of Monroe, 645 A. 2d 450 (Pa. f994); Barbara Realty Company v. Zoning Board
-.
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Memo re PC Mornbor bias
November 28, 2005
Page 3 of 3
A strongly held philosophic~ Or policy position'is 'not. ~m~y '.bias, whereas, prejud~ent of the
specific adjudicative facts at issue in a.panic~ar'cas~.~ bias~ ~'~ The types of acts Which have'
been held to' constitute disq~_~lifying bias include, makin~'~ g public statements or .author/ng letters
regarding a particular case. prior to .the case coming'b~fore, thc commission,~2 A prior vote on'the
sam~ application that is before the KPB p!~g commission con~ti, tut~ prejudice, and not jast
a ~trong .bm more general opi~on regarding policy.
CON~U$ION: If a commi~i~n~ h~ previom~ly v0tod at the city lovel and. dec~~ on the
record that hi~.or h~' mi~d i~ ~11 opm, the comm. i~i°'n~r'~ rol0.inthe borough.pro~~ could
~till be chall~g~ for bi~. 'In ord~r to avoid the' aPPe,~ance 'ofbi~ and'th~'~by.mta/n p~blic"
confidence in the integriW and impa.,ti~it~ 0f the planning eommi~
re¢omm'~lext.tlmt .the ~o .mmi.~ione~. recme, th~a~el~ from tho
decision-making.process regar~g the same applieati0n .at the city plam~gmd Zonin~ l,vel.
''
i , I ,, ' 1 I ' I I Ill
of I~eview of City of Cranston, .128 A.2d 342 (g.I. i957}; Mcva2~. v. Zoning Hearing Board of Bethlehem Boroug
a96 A.2d 1328 (Pa. 19aS). i
Ii Rathkopf, The.Law of Planning and Zoning.'., Vol; 2, Sec} 32.18.
~2 Cinderella' at 591.; Pr~n, at4.51.-53; ~ & Co. v, City of B~ir, rly /-/a~r, 23'/l~i2d 32 (C~l. App~ 19.52); W'~nslo**
To~n of Holderne~g Planning Board, 480 A.2d '1 14 (N.~. 19 .Mi~; McFay v. 7~o~i~g l-l~ar~g t~oard o£New
BetI~tehem Borough, 496 A.2d 13211 (P~.1985). i
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