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HomeMy WebLinkAbout2005-06-08 Planning & Zoning Packet COMMISSION CHAIR REPORT June 8, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: 5/1 Letter from Barbara Waters STAFF Sd 12b Letter from Linda Sargent Letter from Luis and Rose Mercado Email from Steve Wendt Memo from Staff with Attachments Letters from DNR Regarding Gillies Mooring Buoy Application STAFF STAFF Barbara E. Waters 311 Kulila Pl. Kenai, AK 99611 June 7, 2005 __ PLANNING DE_PAR.T'.~F~N'r To the City of Kenai P&Z Commissioners; I am a 27 year resident of Kenai and have liVed at my current address since May, 1979. We often hear the sounds of sporting events taking place nearby; the high school football games, the summer soccer games, and the Oilers baseball games. These activities are short term and take place during a .time that is commonly accepted as the time for noise. I rather like hearing the sounds of people enjoying what they are doing. I am not so sure, however, that I would enjoy hearing the sounds of Open Air Concerts as requested in PZ05-29. Tastes in music aside, one thing needs to be noted. Noise, even noise of a melodic nature, can be considered a public nuisance. I call your attention to Kenai City Code Definitions (12.10.010) # h: "the continued making of loud or unusual noises which annoy persons of ordinary sensibilities ..." As long as I have lived in Kenai I have been under the impression that we had a noise ordinance which called for discontinuing loud noises after the hour of 10 p.m. I found it interesting to note in the minutes of the 5-25-5 meeting that there is no such ordinance. In the light of the public comment already heard and the suggestions from staff and commissioners, I would concur that there be no concerts AFTER 10 p.m. If a game should go overtime, and a concert be planned, the concert must be postponed to a time when it would not go past the 10 p.m. time limit. This needs to be written into the conditional use permit when/if granted. Perhaps consider having the concerts PRIOR to a game. The comment that speakers faced toward the grandstand would then direct the noise toward the homes on Lawton should not to be taken lightly. My home lies in that direction as well. It would be bad enough (again musical tastes vary) to have the music loud enough to be heard at my home, but if it were directed TOWARD my home, that would be even worse. I guess I am asking for one thing in particular: no concerts- noise- after 10 p.m. Please give consideration to those of us who are unable to sleep in due to work schedules or worship schedules. Thank you for your consideration of this letter. Sincerely, (signed) Barbara E. Waters May 3, 2005 Kenai City Mayor and Council Members City of Kenai 210 Fildago Kenai, Alaska 99611 Subject: Lawton Acres Rezone Dear Kenai City Mayor and Council Members, This letter is top notify the council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. 202 Lawton Drive Kenai, Alaska 99611 May 3, 2005 Kenai City Mayor and Council Members City of Kenai 210 Fidalgo Kenai, Alaska 99611 Subject: Lawton Acres rezone Dear Kenai City Mayor and Council Members, This letter is to notify the council that we are in support of the rezone of Lawton Acres from Conservation to Limited Commercial. Thank you, Page I of 1 Marilyn Kebschull From: Wendts [wendt@alaska.net] Sent: 16 May, 2004 11:24 AM To: Marilyn Kebschuil Subject: Zoning Change Please leave the current zoning for cOnservation purposes in place for the area on the south side of the Spur Highway directly east of Walker Lane. This area around Walker and Lawton Drive is heavily used for recreation by area residents and a change in zoning would adversely affect the quality of life for the residents of the area. Thank you! Steve Wendt 102 Candlelight Kenai 05/24/2004 210 Fidalgo Avenue,. Kenai, Alaska 99611-7794 ~ KENAi, ALASKA M MO: TO: FROM: Planning & Zoning Commission Marilyn Kebschuli, Planning Administrator DATE: June 7, 2005 SUBJECT: PZ05-36- An application to rezone the property known as a portion of Section 33 S 1/2 S 1/2 SW ¼ Lying.South of the Kenai Spur Highway (also known as Lawton Acres- 10095 Kenai Spur Highway) from conservation to limited commercial. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Council requested the attached information be provided to the Commission to assist with the above-referenced rezoning application. This is information Council received regarding possible development options for the property being considered for the rezone. The plat and concepts were never approved, if the parcel were rezoned, the platting process would be initiated by administration at the direction of Council. Attachments: 1. Lawton Acres Preliminary Plat 2. Memo to City Manager Linda Snow dated 2/16/05 with memo from Tim Potter, DOWL Engineers, and Lawton Acres Conceptual Planning Layouts 3. Aerial photograph showing approximate area recommended for subdivision Z ~. ~= z z_ I- 0 Z Z Cric ket _DR. 60' ROW I J ,LL'~.[~, 3. gf,~O. OON J .Of' ,[L'L~;t 3.6E,LO.2;OS · o~ ,66'[cjl ~ 3.gCj,L LOON P ,60.'gt~ l 3.gg,/. LOON /40~ ,00[ I ,g t'Ot, t 3.~;g.L LOON ,lO'~['l, 3.~g,L LOON ~ ,9l'90[ ~ ,9t'69[ ,y// KENAI, ALASKA 210 Fidalgo Avenue Kenai Alaska 99611-7794 ~ Telephone' 907-283-7535 / FAX: 907-283-3014 1992 iVl MO: TO' THRU' FROM' DATE: SUBJECT: Linde L. Snow, City Manager Jack La Shot, Public Works Manage~~/ Marilyn Kebschull, Planning Administrator February 16, 2005 Lawton Acres - DOWL Engineers Tim Potter of DOWL Engineers has provided input on the proposed development of L@wton Acres based on the preliminary plat and the proposed limited commercial zone. Attached to this memo are a copy of Mr. ~otter's memo and two conceptual planning options for consideration. This information will be reviewed at the meeting tonight. I have reviewed Mr. Potter's comments and recommendations and offer the following' I agree with the recommendation that preserving a portion of Lot 1, as greenbelt would limit the appearance of "strip" development and add additional buffer. In addition, adding to the buffer may ease some concerns if the property is rezoned. Mr. Potter's comment relating to utilities off of Lawton Drive is accurate. The preliminary plat may need to be modified to provide utility easements through the proposed greenbelt. The common landscape plan as suggested would need to be accomplished through covenants or deed restrictions. Access to the Kenai Spur Highway with common driveways will be required by the State and updated on the preliminary plat. OWL ~~ON G i N E E R S® A 'Division of DOWL LLO TO- FROM: SUBJECT: DATE: MEMORANDUM Ms. Marilyn Kebschull City of Kenai Potter, Director ofPlannin~/f~ Tim DOWL Engineers Lawton Acres February 15, 2005 W.O. D58765 I have reviewed the information you forwarded me concerning Lawton Acres, including the proposed preliminary plat. Based upon my review, I have provided general comments relative to questions raised in previous discussions and recommendations related to future development. Also, attached are two options depicting potential building, parking, access, and landscaping alternatives. 'First, the concept of a "limited commercial" district is common in many cities. It is typically used as a buffer or transitional development between more intense commercial and residential or, as in this case, a large road and a residential area. The lot sizes depicted on the preliminary plat are adequate for the proposed type of development and are, in fact, preferable because the smaller lots help keep the mass of each project on a smaller, more residential scale. · Shared access is appropriate for this type of development. · Lot coverage at 30 percent helps maintain residential feel. · Building height not to exceed three stories is appropriate. Recommendations And Considerations Retain a portion (8,000 to 10,000 square feet) of Lot 1 as part of the greenbelt. Ihis will set the development back from the comer and help to create a compact, framed development district. This will effectively limit the appearance of a "strip" development and make it a "pocket". Rec°.gnize that utility service connections will probably be extended to Lawton Drive. This will reqmre multiple crossings of the proposed greenbelt. A revegetation standard should be established in advance of development. A common landscape plan or theme should be established along the Kenai Spur Highway to help create a "cohesive" development pocket. Lighting, signage, fencing, etc., should be the stone to emphasize the planned and distinctive nature of the proposed development. Access to Kenai Spur Highway should be limited to common or shared driveways between lots. 4040 El STREET · ANCHORAGE · AL. ASKA · 9~503 · 907/~62-~O00 - FAX 907/563-3953 cD. o ~ I J r eue-1 Je~ileM ~c: ~' ""-- .......... E e E eue'l Je~lleM fr Ul hi DEPARTMENT OF NATURAL RESOURCES OFFICE OF PR OJECT MA NA GEMENT AND PERMITTING .dLdSKA COASTAL MANAGEMENT PROGRAM .SOUTHCENTRAL REGIONAL OFFICE 550 W. 7nt A VENUE, SUITE 1660 ANCHORAGE, ALASKA 99501 PH: (907) 269-7470/FAX: (907) 269-3981 ~1 CENTRAL OFFICE P.O. BOX 110030 JUNEA U, ALASKA 99811-0030 PH: (907) 465-3562/FAX.. (907) 465-3075 FRANK H. MURI~OWSKI GOVERNOR ~I PIPELINE COORDINATOR'S OFFICE 411 WEST 4TM A VENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 257-1351/'FAX: (907) 272-3829 www. al askacoast, state, ak. u s June 2, 2005 Mr. Winston Gillies P.O. Box 1486 Kenai, Alaska 99611 Subject: Kenai River Mile 3.5, Mooring Buoy State ID NO. AK 0504-07AA Proposed Consistency Response Dear Mr. Gillies: The Office of Project Management & Permitting (OPMP) is currently coordinating the State's review of your proposed project for consistency with the Alaska Coastal Management Program (ACMP). OPMP has developed the attached proposed consistency response based on reviewers' comments. Based on an evaluation of your project by the Alaska Departments of Environmental Conservation, Fish and Game, and Natural Resources and the affected coastal resource district, OPMP proposes to object to your certification that the project is consistent with the ACMP and affected coastal district's enforceable policies. The attached proposed consistency response identifies alternative measures that enable the project to be consistent with the enforceable policies.of the ACMP. You may choose, to adopt the alternative measures, propose other modifications, or appeal. If you agree to adopt the alternative measures or modify the project, please return the enclosed form or amend your original application to incorporate the alternative measures or modifications no later than five days from issuance of this letter. Appeal' procedures are described in the enclosed consistency response.- ' You also may request an extension of time to consider the alternative measures and your response. If you or other review participants with elevation rights do not request an elevation or extension within the specified five days and you do not adopt the alternative measures, this proposed consistency response becomes a final objection to your project. By copy of this letter, I am informing the U.S. Army Corps of Engineers of OPMP's proposed finding. If you have any questions regarding this process, please contact me at 907-269-7468 or email arnanda_henry@dnr.state.ak.us. Sincerely, Amanda S. Henry Project Review Coordinator Enclosures CC' Email Distribution Only Lisa Gibson, COE Regulatory Branch Carol Freas, City of Kenai Fran Roche DEC, Juneau Andrew McCarthy, National Park Service Bob Shavelson, Cook Inlet Keeper, Homer Debra Cooper, USFS Seward Ranger District, Seward Gary Porter, Bald Mountain Scientific Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai Gary Williams, Planning Director, KPB, Soldotna Glen Yankus, NPS, Anchorage Holly Babcock, Kenai Peninsula Borough Honorable Dale Bagley, Mayor, KPB, Soldotna Jade Gamble, OHMP/DNR Jane Gabler, KPB, Soldotna Janet Herr, NMFS Jeanne Hanson, NMFS Joe Meade, USFS Kara Moore, ACMP Coordinator, DNR, Anchorage Lee McKinley, DNR/OHMP, Soldotna Linda Markham, DOT/PF, Anchorage Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc., Seward Mona Painter, .Cooper Landing Community Club, Cooper Landing Phil North, EPA, Kenai Rick Rogers, Chugach Alaska Corporation, Anchorage Rob Spangler, USFS Robin Willis, DFG, Anchorage Roger Graves, Port of Anchorage, Anchorage Stefanie Ludwig, DNR/SHPO, Anchorage Suzanne Fisler, DNR Wayne Dolezal, DFG, Anchorage Proposed Consistency Response- Objection Page 2 Project Amendment-- Acceptance I have reviewed the proposed consistency response for my project, Kenai River Mile 3.5 Mooring Buoy, State ID #AK 0504-07AA, and agree to amend my proposal to incorporate all of the alternative measures described in the determination. (name) (date) Please fax this signed and dated form to Amanda S. Henry of the Office of Project Management & Permitting at 907-269-3981 no later than 5 days from issuance. You also have the option of amending your 'original application form no later than 5 days from issuance. If you are unable to agree with these alternative measures or return this form by that date, please contact OPMP at 907-269-7468 to request an elevation or extension of time. This form is necessary to meet requirements in 11 AAC 110.255. Proposed Consistency Response- Objection Page 3 ALASKA COASTAL MANAGEMENT PROGRAM PROPOSED CONSISTENCY RESPONSE OBJECTION WITH PROPOSED ALTERNATIVE MEASURES DATE ISSUED: JUNE 2, 2005 PROJECT TITLE: KENAI RIVER MILE 3.5 MOORING BUOY STATE ID. NO.: AK 0504-07AA PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO CONSISTENCY REVIEW: The project subject to this consistency review is the installation of a mooring buoy and associated anchor and chain below the mean high water mark (MHW) of the Kenai River. The proposed buoy would be seasonally removed at the end of the fishing season. The proposed mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet t° the proposed 400 pound concrete anchor measuring 18" x 18" x 18". The city of Kenai holds title to the submerged lands of the Kenai River at the location of the buoy. The buoy would be anchored in the NW ¼ SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at approXimately Kenai River mile 3.5. AFFECTED COASTAL RESOURCE DISTRICT(S)' KENAI PENINSULA BOROUGH CONSISTENCY STATEMENT: OPMP proposes to object to the consistency certification submitted by Mr. Gillies because the project as proposed is inconsistent with the following ACMP enforceable policies. The proposed project can be made consistent if the applicant adopts the alternative measures that follow the policy explanation. 6 AA C 80.080 Transportation and Utilities and Kenai Peninsula Borough Coastal Zone Management Program (KPBCZM) enforceable policy 2.1, Navigation Obstruction. The ACMP requires that transportation facilities be "... sited, designed, and constructed so as to be compatible with district programs." 6 AAC 80.080 (a). Alternative measure # 1 is necessary to "... minimize navigation hazards or obstruction(s)" associated with the placement of buoys in navigable waters. KPBCZM 2.1. The alternative measure is also necessary for consistency with the ACMP. The buoy shall be visibly marked and placed to minimize navigation hazards or obstruction. The applicant may also propose other modifications that would achieve consistency for the OPMP to consider or appeal the State's decision. Proposed Consistency Response- Objection Page 4 AUTHORIZATIONS: The project must be found consistent with the ACMP before the following State and Federal authorizations may be issued: U.S. Army Corps of Engineers (COE) Section 10 Permit No. POA-2005-423-1 The Department of Environmental Conservation (DEC) will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 6 AAC 80.140. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 6 AAC 80.140 for those specific activities. If the alternative measures proposed by OPMP are adopted by the applicant, State agencies shall issue permits within five days after OPMP issues the final consistency determination that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. Please note that, in addition to their consistency review, State agencies with permitting responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. An agency permit or authorization may be denied even though the State concurs with the ACMP. Authorities outside the ACMP may result in additional permit/lease conditions. If a requirement set out in the final project description is more or less restrictive than a similar requirement in a resource agency authorization, the applicant shall comply with the more restrictive requirement. Applicants may not use any State land or water without Department of Natural Resources (DNR) authorization. ELEVATION PROCESS: Pursuant to 11 AAC 110.600, a state resource agency, the project applicant, or an affected coastal resource district that does not concur with this proposed consistency determination may request an elevation of the response to the department commissioner. A request for elevation must (1) be in writing; (2) be received by the OPMP within five days after the proposed consistency determination is issued; and (3) explain the requestor's concern, including any addition of or modification to an alternative measure identified that would achieve consistency with the enforceable policies of the ACMP. ADVISORIES: If you agree to adopt the above referenced alternative measures into your project proposal or modify the project to achieve consistency, and OPMP subsequently concurs with your certification that the project is consistent with the ACMP, the following advisories will be appear in your final consistency response: Proposed Consistency Response-Objection . Page 5 Please be advised that although OPMP concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal' laws and regulations. This consistency finding may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720) and the U.S. Army Corps of Engineers (907-753- 2712) so that consultation per section 106 of the National Historic Preservation Act may proceed. Proposed Consistency Response Prepared By: Amanda S. Henry Project Review Coordinator 550 W. 7th Ave., Suite 1660 Anchorage, AK 99501 (907) 269-7468 June 2, 2005 Proposed Consistency Response- Objection Page 6 DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MA NA GEMENT AND PERMITTING ALASKA COASTAL MANAGEMENT PROGRAM ~SOUTHCENTRAL REGIONAL OFFICE 550 W. 7rU AVENUE, SUITE 1660 ANCHORAGE, ALASKA 99501 Pm.. (907) 269-7470/FAX: (907) 269-3981 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99801-0030 PH: (907) 465-3562/FAX: (907) 465-3075 FRANK H. MURKOWSKI GOVERNOR ~I PIPELINE COORDINATOR'S OFFICE 411 WEST 4TM A VENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 257-1351/FAX: (907) 272-3829 Mr. Winston Gillies P.O. Box 1486 Kenai, Alaska 99611 Subject: Kenai River Mile 3.:5, Mooring Buoy State ID NO. AK 0504-07AA Final Consistency Response Dear Mr. Gillies' www .a I askacoast, state, ak. Us June 8, 2005 The Office of Project Management & Permitting (OPMP) has completed coordinating the State's review of your proposed project for consistency with the Alaska Coastal Management Program (ACMP). OPMP has developed the attached final consistency response based on reviewers' comments. Based on an evaluation of your project by the Alaska Departments of Environmental Conservation, Fish and Game, and Natural Resources and the Kenai Peninsula Borough, OPMP concurs with your certification that the project is consistent with the ACMP and affected coastal district's enforceable policies. This concurrence is also based on your adoption of alternative measures to achieve consistency with the ACMP enforceable policies. This is the final consistency decision for your project. This consistency response is only for the project as described. If you propose any changes to the approved project, including its intended use, prior to or during its siting, construction, or operation, you must contact this office immediately to determine if further review and approval of the revised project is necessary. By copy of this letter, I am informing the U.S. Army Corps of Engineers of OPMP's final finding. If you have any questions regarding this process, please contact me at 907-269-7468 or email amanda_henry~dnr.state.ak.us. Sincerely, Amanda S. Henry · Project Review Coordinator Enclosures CC: Email Distribution Only Lisa Gibson, COE Regulatory Branch Carol Freas, City of Kenai Fran Roche DEC, Juneau Andrew McCarthy, National Park Service Bob Shavelson, Cook Inlet Keeper, Homer Debra Cooper, USFS Seward Ranger District, Seward Gary Porter, Bald Mountain Scientific Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai Gary Williams, Planning Director, KPB, Soldotna Glen Yankus, NPS, Anchorage Holly Babcock, Kenai Peninsula Borough Honorable Dale Bagley, Mayor, KPB, Soldotna Jade Gamble, OHMP/DNR Jane Gabler, KPB, Soldotna Janet Herr, NMFS Jeanne Hanson, NMFS Joe Meade, USFS Kara Moore, ACMP Coordinator, DNR, Anchorage Lee McKinley, DNR/OHMP, Soldotna Linda Markham, DOT/PF, Anchorage Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc., Seward Mona Painter, Cooper Landing Community Club, Cooper Landing Phil North, EPA, Kenai Rick Rogers, Chugach Alaska Corporation, Anchorage Rob Spangler, USFS Robin Willis, DFG, Anchorage Roger Graves, Port of Anchorage, Anchorage Stefanie Ludwig, DNR/SHPO, Anchorage Suzanne F isler, DNR Wayne Dolezal, DFG, Anchorage Jeff Johnson, DNR FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 2 ALASKA COASTAL MANAGEMENT PROGRAM FINAL CONSISTENCY RESPONSE CONCURRENCE DATE ISSUED' JUNE 8, 2005 PROJECT TITLE: KENAI RIVER MILE 3.5 MOORING BUOY STATE In. NO.: AK 0504-07AA AFFECTED COASTAL RESOURCE DISTRICT(S)' KENAI PENINSULA BOROUGH PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO CONSISTENCY REVIEW: The project subject to this consistency review is the installation of a mooring buoy and associated anchor and chain below the mean high water mark (MHW) of the Kenai River. The proposed buoy would be seasonally removed at the end of the fishing season. The proposed mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet to the proposed 400 pound concrete anchor measuring 18" x 18" x 18". The city of Kenai holds title to the submerged lands of the Kenai River at the location of the buoy. The buoy would be anchored in the NW ~A SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at approximately Kenai River mile 3.5. The applicant has agreed to incorporate the following alternative measures into the project proposal' o The buoy shall be visibly marked and placed to minimize navigation hazards or obstruction. CONSISTENCY STATEMENT' OPMP concurs with the consistency certification submitted by Mr. Gillies. AUTHORIZATIONS: State agencies shall issue the following authorizations within five days after OPMP issues the final consistency determination that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. U.S. Army Corps of Engineers (COE) Section 10 Permit No. POA-2005-423-1 The Department of Environmental Conservation (DEC) will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 6 AAC 80.140. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 6 AAC 80.140 for those specific activities. Please note that, in addition to their consistency review, State agencies with permitting FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE3 responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. An agency permit or authorization may be denied even though the State concurs with the ACMP. Authorities outside the ACMP may result in additional permit/lease conditions. If a requirement set out in the project description (per 11 AAC 110.260) is more or less restrictive than a similar requirement in a resource agency authorization, the applicant shall comply with the more restrictive requirement. Applicants may not use any State land or water without Department of Natural Resources (DNR) authorization. APPEAL: This final consistency response is a final administrative order and decision under the ACMP and for purposes of Alaska Appellate Rules 601-612. Any appeal from this decision to the superior court of Alaska must be made within thirty (30) days of the date this determination is issued. ENFORCEMENT' Pursuant t° 11 AAC 110.260(e) and 110.445(e), if after receiving this final consistency response, the applicant fails to implement an adopted alternative measure, or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800-11 AAC 110.820, State resource agency may take enforcement action according to the resource agency's statutory and regulatory authorities, priorities, available resources, and preferred methods. ADVISORIES: Please be advised that although the OPMP concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720) and the U.S. Army Corps of Engineers (907-753-2712) so that consultation per section 106 of the National Historic Preservation Act may proceed. Final Consistency Response Prepared By: Amanda S. Henry Project Review Coordinator 550 W. 7th Ave., Suite 1660 Anchorage, AK 99501 (907)269-7468 June 8, 2005 FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 4 ACMP CONSISTENCY EVALUATION Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP statewide and affected coastal resource district enforceable policies (copies of the policies are available on the ACMP web site at http://www.alaskacoast.state.ak.us). STATEWIDE ENFORCEABLE POLICIES 6 AAC 80.040. Coastal Development Evaluation: a) N/A OPMP defers to the United States COE to interpret compliance with the referenced standards. 6 AAC 80.050. Geophysical Hazard Areas Evaluation: No comments were received from the district or State agencies identifying the proposed site as an area where there is substantial possibility that geophysical hazards may occur. 6 AAC 80.060. Recreation Evaluation: The proposed project site is not located within an area designated by the district for recreational use. 6 AAC 80.070. Energy Facilities Evaluation- N/A 6 AAC 80.080. Transportation. & Utilities Evaluation- N/A 6 AAC 80.090. Fish & Seafood Processing Evaluation: N/A 6 AAC 80.100. Timber Harvest & Processing Evaluation- N/A 6 AAC 80.110. Mining & Mineral Processing Evaluation: N/A 6 AAC 80.120. 'Subsistence Evaluation' No comments were received by the district identif3,ing the project as being located in an area in which subsistence is the dominant use of coastal resources. 6 AAC 80.130. Habitats Evaluation: The Habitat Standard requires that habitats in the coastal area be managed so as to maintain or enhance the biological, physical, and chemical characteristics of the habitat which contribute to its capacity to support living resources. Uses and activities in the coastal area which will not conform to these standards may be allowed by the district or appropriate state agency if the following are established: there is a significant public need for the proposed use or activity; FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 5 2) there is no feasible prudent alternative to meet the public need for the proposed use or activity which would conform to the standards. 3) all feasible and prudent steps to maximize conformance with the standards will be taken. In applying this section, districts and state agencies may use appropriate expertise; including regional programs (district plans). Evaluation: No habitat concerns or comments regarding impacts associated with the placement of the mooring buoy were received. 6 AAC 80.140. Air, Land & Water Quality Evaluation: The DEC statutes and regulations with respect to air, land and water quality are incorporated into the ACMP. The issuance of a DEC authorization constitutes consistency with the ACMP for the authorized activity and this standard. Consistency with this standard will be established when the DEC issues or waives the required authorizations. 6 AAC 80.150. Historic, Prehistoric, and Archaeological Resources Evaluation: Comments from the district and the State did not identify the proposed project location as an area which is important to the study, understanding, or illustration of national, state, or local history or prehistory. The applicant has been advised to contact DNR/SHPO and the U.S. Army Corps of Engineers and the Alaska State Troopers should a site of cultural or historical significance be suspected or revealed and to stop any work that would disturb any resources. AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES KPBCZM 2.1 Navigation Obstruction' The applicant has agreed to comply with the KPB in ensuring that the buoy will be visibly marked and placed to minimize navigation hazards or obstructions. FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 6 Reminder: Work 5~ssion Immediately Following Regular Meeting Comprehensive Plan Implementation N~~oSuP~s Don't Forget to I~ring Your Comprehensive Plan! CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 8, 2005 - 7:00 p.m. 1. 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-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. e *APPROVAL OF MINUTES' a. *May 25, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS' a. PZ05-37 - Preliminary plat for Yragui Subdivision Addition No. 1. Submitted by McLane Consulting, P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ05-29 - Continued from 5/25/05 meeting- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW ¼ of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ran Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. [U/erk's Note: There was a motion to approve Peso/ut/on PZ05-29 and a motion to amend (that one of the conditions of the permit be the loud speakers used in the concerts point directly at the covered~?randstands) on the floor from the May 25, 2005 meetin~?.J b. PZ05-34 - An application for a Conditional Use Permit for a Recreational Vehicle Park for the property known as U.S. Survey No. 678 Amended (810 Childs Avenue), Kenai, Alaska. Application submitted by Jay Cherrier, Managing Partner, Port of Kenai LLC, 2404 Boyer Avenue East, Seattle, WA 98112. c. PZ05-35 - An application to amend a Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table for the property known as Tract Al, Beaver Loop Acres Add No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai, Alaska. d. PZ05-36 - An application to rezone the property known as a portion of Section 33 S 1/2 S 1/2 SW ¼ Lying South of the Kenai Spur Highway (also known as Lawton Acres - 10095 Kenai Spur Highway) from conservation to limited commercial. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Agenda Page 2 June 8, 2005 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ05-38 - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Yragui Subdivision (503 Candlelight Drive), Kenai, Alaska. Application submitted by Carolyn Barnes, 503 Candlelight Drive, Kenai, Alaska. b. Kenai River Center Project #5767 - An application submitted by Gordon Griffin, Kenai Golf Course, to withdraw approximately 300 gallons of water a day from Boat Launch Creek for watering golf greens. Discussion/Recommendation. 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 until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (5/10/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting - Comprehensive Plan- Goals & Objectives - Discussion CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2005 - 7:00 p.m. 1. 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-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. e *APPROVAL OF MINUTES: a. *May 11, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-27 - An application for a Conditional Use Permit for a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nice, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. b. PZ05-28 - An application for a Conditional Use Permit for short-term rentals (motel) for the property known as Lot 7, Block 4, Strawberry Hills Estates (920 North Strawberry Road), Kenai, Alaska. Application submitted by Colleen Ward, Ward Worx LLC, P.O. Box 751, Kenai, Alaska. c. PZ05-29 - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. d. PZ05-30 - An application for a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. e. PZ05-32 - An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision (1435 Chinook Court), Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: ao b~ *PZ05-31 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2, Block 1 Cindy Subdivision (1207 Fourth Avenue), Kenai, Alaska. Application submitted by Bridgette Baird, 1207 Fourth Avenue, Kenai, Alaska. Vacation a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision (Plat KN 216); within Section 25, and vacation of a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. Discussion & Recommendation. 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 until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" - April 10, 2005 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 25, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: J. Barrett, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, Members Absent: C. Glick, N. Amen Others Present: Council Member Rick Ross, Planning Assistant Nancy Carver, and Temporary Secretary Karl M ohn X-bo Agenda Approval Hammelman requested the following items be added to the packet of information' ADD: 5d 5e 9a Email from Edward Brown concerning PZ05-30 Letter from Steven Oberts Letter from Leo Oberts LTO Limited Partnership Aerial Photo Code Enforcement Report MOTION: Commissioner Bryson MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. ITEM 2' APPROVAL OF MINUTES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS- None. ITEM 5: PUBLIC HEARINGS PZ05-27- An application for a Conditional Use Permit for a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nice, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska Carver reported the following: · This is a small lot which limits development · Applicant would like to place a Connex on the lot for storage for the adjacent apartment buildings. The Connex would blend into the scenery · Staff recommends approval Hammelman opened the public hearing. Mark Schrag, 312 Princess, Kenai, Alaska- Mr. Schrag noted the following: He manages the apartment complexes for owner George Nice They aren't quite sure where they are going to put the storage facility on the lot. They might put it on the cement slab. · Owner wants an attractive unit for storage. Might build a unit rather than using a Connex. Commissioner Bryson asked if Mr. Nice owned both complexes and Mr. Schrag replied that he did. Bryson asked if the tree buffer would remain. Mr. Schrag replied that it would subject to beetle attack. Public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-27 and Commissioner Barrett SECONDED the motion. Bryson clarified to include the staff's recommendation. agreed. Commissioner Eldridge Commissioner Barrett pointed out the resolution states a "storage building" while the application specifies a Connex. He asked if this resolution would cover any storage building or was it only for a Connex container. Carver answered it covers only a Connex container. PLANNING & ZONING COMMISSION MEETING MAY 25, 2OO5 PAGE 2 VOTE: Glick Absent Hammelman Twait Yes Eldrid§e Barrett Yes Yes Bryson Yes Amen Yes Absent MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process and reiterated that this was for a Connex and not a constructed storage unit. PZ05-28- An application for a Conditional Use Permit for short-term rentals (motel} for the property known as Lot 7, Block 4, Strawberry Hills Estates {920 North Strawberry Road), Kenai, Alaska. Application submitted by Colleen Ward, Ward Worx LLC, P.O. Box 751, Kenai, Alaska. Carver noted the following: · Applicant plans to rent the units for a short time during the summer season. · The unit was constructed in 1995 with direct access from North Strawberry Road. Enough parking is provided for intended use. · Short-term rentals would not adversely affect the neighboring property · Staff recommended approval with the provision the fire marshal inspect the property. The fire marshal inspected the property on May 25, 2005 and there were no fire code violations. Hammelman opened the public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ05-28 and Commissioner Eldridge SECONDED the motion. VOTE: Glick Absent Twa_it Yes Barrett Yes Hammelman Eldridge Yes Bryson Yes Amen Yes Absent MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 3 a-ce PZ05-29 -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW ¼ of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Carver noted the following: · The application is to have concerts at the ballpark after certain games. · There are no noise restrictions in the City Code. The City Attorney and the City Planner decided that concerts should last no later than 10:00 p.m. That would be a restriction on the resolution. · There have been no complaints concerning ballpark noise · One call from a concerned neighbor was satisfied once the time limits were explained Staff recommends approval with the 10:00 p.m. time limit. Hammelman opened public hearing. Jack V. Porter, P.O. Box 7331, Nikiski, Alaska -- Mr. Porter noted the following: He owns three apartment buildings across from the Oilers ball park He has no objections to concerts per se Need 10:00 p.m. restriction Maybe the following restrictions could be added: 1) Only Friday and Saturday nights 2) Set a maximum DB level for residential areas 3) Placement and direction of speakers away from residential areas Hammelman closed the public hearing. MOTION: Commissioner Bryson MOVED to approve PZ05-29 and Commissioner Barrett SECONDED the motion. Bryson stated he believed the issues raised by Mr. Porter had merit, however he felt uncomfortable applying them without input from the applicant. Barrett noted a discrepancy in that the staff stipulated the concerts last no later than 10:00 p.m. and the application stated games sometimes end as late as 10:00 and they would like the concerts to last an hour after the completion of the game. Carver responded by saying the concerts would only follow certain games. Barrett commented the application referred to four concerts and asked if the petitioner was aware of the 10:00p.m. deadline. Carver responded saying, as far as she knew he PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 4 was aware of the 10:00p.m. deadline. She added, she had not spoken to the petitioner directly, only to Planner Kebschull before she left. The permit would be revoked if the City receives too many complaints. Barrett asked if it was possible to limit the Conditional Use permit to this season only to see how it goes. Eldridge responded no and added, he believed a permit is good from year to year unless there is some reason to revoke it. Eldridge stated he did not know of any petitioners who have done it for just a year. Barrett asked for clarification on which games and Carver responded, it would only be games that would meet that 10:00 p.m. deadline. Barrett asked if a game went extra innings and a concert had been advertised, would the concert be held and Carver responded, she thought they were just going to try it. If it doesn't go over well, she did not think they would continue holding concerts. Bryson commented that DB noise levels are time related and there may be issues that need to be addressed with input from the commissioners. Barrett commented the resolution stated the Commission was authorizing the appropriate permits. He asked if the permits would be the place to define issues, like the speakers must face the stands and Carver responded she would add as an attachment everything the Commission wished to include. Eldridge stated he would like to add a second recommendation that the speakers should be directed away from residential areas. Barrett commented that if the speakers were faced north and east they would be facing the residential areas across Lawton. MOTION TO AMEND: Commissioner Barrett MOVED that one of the conditions of the permit be that the loud speakers used in the concerts point directly at the covered grand stands. Commissioner Eldridge SECONDED MOTION TO POSTPONE: Commissioner Bryson MOVED that PZ05-29 be postponed to the next regular meeting with the purpose being to provide input from the petitioner. Commissioner Twait SECONDED. VOTE: Glick Absent Twait Yes Barrett Yes Hammelman Eldridge Yes Bryson Yes Amen Yes Absent PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 5 MOTION PASSED UNANIMOUSLY. Hammelman explained the issue had been postponed to June 8 with the hope that other people would be present to participate. 5-do PZ05-30 -- An application for a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. Carver noted the following: · Applicant is applying for a four-foot side yard setback variance. The proposed garage addition would encroach approximately three feet six inches into the 15 foot side setback. · One neighbor contacted the office and asked if there was a need for a variance and was concerned with items currently stored along the property line · Recommends approval with a four-foot variance to allow for errors in construction Hammelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Barrett MOVED to approve PZ05-30 and Commissioner Eldridge SECONDED the motion. Eldridge asked where the sender of the e-mail lives. Carver didn't verify where he lives. General comment was he is an adjacent property owner. VOTE: Glick Absent Twait Yes Barrett Yes Hammelman Eldridge Yes Bryson Yes Amen Yes Absent MOTION PASSED UNANIMOUSLY. PZ05-32 -- An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision (1435 Chinook Court), Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 6 Carver noted the following: This parcel was donated to the City and if it is not used for a park it will revert back to the owner · The plan is to put in a 20 x 30 foot gravel pad, a small trail, picnic table, a sign, a bench and a trash receptacle with a bear proof lid on the property. The park is intended for Unity Trail users only. There would be no driving access · Three letters were received opposing the placement of the park · Staff recommended approval Hammelman opened the public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-32 and Commissioner Barrett SECONDED the motion. Barrett asked if the parcel had been donated to the City and Carver confirmed it had, on the condition that it be used for a park. Eldridge stated he believed the 20 x 30 pad may be a bit unrealistic as jotted down on the plat and he would expect the access trail would be much shorter. He added, he did not believe the city would be adding parking spaces and it would be just a small rest place. Eldridge stated he believed the Oberts' concerns were unfounded. Carver commented the Parks & Recreation Department planned to place a trash receptacle there but it was not known if the access would be wide enough to drive to the receptacle for pick up. Bryson stated he also believed the drawing was out of scale and the pad would really be half what is shown and would be close to the highway. Bryson stated he was in support of the motion. Barrett stated he was generally in favor of parks; his only concern is that it might be too obscure from the road for safety; and, people might take advantage of it. Eldridge concurred stating that was all the more reason to have it closer to the trail. Bryson stated he recollected the Kenai Spur Highway is climbing at that point and he would hope the facility would have some visibility from the highway. Hammelman commented that if it would only be used by people who are walking, biking or skating, there could be a sign directing them to pack out their own trash and a receptacle would not be needed. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 7 Commissioner Twait asked if the 20 x 30 pad is what the Commission was approving or if the park became popular, could it be expanded. Carver responded, the Commission was only approving the pad, bench, and other items. The Commission could designate the pad be moved closer to the highway and be visible. Barrett asked if the resolution was approving a Conditional Use Permit that specifically describes exactly what the Commission is authorizing and Carver responded, if the Commission makes specific changes or recommendations, she would add "See attached sheet" and list the specific changes. Barrett asked if the Commission did not make any changes, would it be approved as stated in the resolution. General comment explained that approval was as specific as the Commission wished to make it. The resolution would approve the application. Bryson commented that what is being proposed for the park is just an infinitesimal area° VOTE: Glick Absent Twait Yes Barrett Yes Hammelman Eldridge Yes Bryson Yes Amen Yes Absent MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS PZ05-31 - An application for a Home Occupation Permit for a daycare for as Lot 2, Block I Cindy Subdivision {1207 Fourth Avenue), Kenai, Alaska. Application submitted by Bridgette Baird, 1207 Fourth Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion/Recommendation -- Vacation a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision {Plat KN 216); within Section 25, and vacation of a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 8 Carver noted the following: · This is a vacation that will go before the Borough Hammelman explained the Commission was being asked for a recommendation for the Borough. MOTION: Commissioner Barrett MOVED to approve the vacation and Commissioner Eldridge SECONDED the motion. Bryson stated there was a preliminary sketch in the packet showing the proposed right of way. He asked if it had advanced past proposed and Carver stated she did not know. Carver stated, she knew he was out there working and was building a restaurant. Eldridge asked why an eighty foot access and Carver stated she did not know. Eldridge stated he thought it made a lot of sense to vacate and questioned the 200 foot storm drain access. General comment explained there was a huge gully there. Bryson stated he believed the property, which is part of Section 36, belonged to the State of Alaska and he he believed they dedicated the storm drain access on their own property. Barrett referred to the map included in the packet and noted it defined the Spur Highway as Kenai Farm Road. A general discussion followed on old road names. VOTE: Glick Absent Hammelman Yes Twait Barrett Yes Eldrid§e Yes Yes Bryson Yes Amen Absent MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 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 until brought back by Administration.) PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 9 Carver stated there was nothing new to report. ITEM 9: CODE ENFORCEMENT Hammelman stated there was a Code Enforcement report added as a lay down and Carver reported Rory Espy was working hard on cleaning up the code violations. ITEM 10: REPORTS 10-a. City Council- Councilman Ross provided a reported based on actions taken at the May 18, 2005 City Council meeting. 10-b. Borough Planning-- Commissioner Bryson provided a report on action taken at the May 23, 2005 Borough Planning meeting. 10-c. Administration-- Carver stated she had nothing to add. Eldridge commented he had requested Airport Commission notes for the May 12th meeting be included in the packet. Carver stated she would discuss the request with City Planner Kebschull. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" - April 10, 2005 ITEM 13: COMMISSION COMMENTS/l~ OUESTIONS Eldridge reminded the Commission the Airport Commission would be holding another work session on June 8, 2005 related to the supplemental airport plan. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:55 p.m. Minutes transcribed and prepared by: Kari Mohn, Temporary Secretary PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 10 STAFF REPORT To: Planning & Zoning Commission Date: May 19, 2005 Res: PZ05-37 GENERAL INFORMATION Applicant: McLane Consulting P.O. Box 468 Soldoma, AK 99669 283-4218 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat- Yragui Subdivision Addition No. 1 Yragui Subdivision Addition No. 1 - A resubdivision of Lots 2 & 4 Yragui Subdivision 1209 and 1213 Aliak Drive 04510013 & 04510015 RS - Suburban Residential Vacant & Residential Neighborhood Residential This plat subdivides Lots 2 and 4 into three lots. The parcels are located in the Suburban Residential zone. The minimum lot size for the zone is 7200 square feet. The resulting lots meet the minimum lot size for the zone. There is a structure on the newly created Lot 4B. The plat verifies there are no encroachments. The newly created Lot 2A and Lot 4A are vacant. The lots are served by city water and sewer. An installation agreement is not needed. City Engineer: Verify the easterly building to right-of-way distance. Building Official: No other building code issues. RECOMMENDATIONS Recommend approval with the following recommendation: 1. Correct street name from E. Aliak Street to Aliak Drive. ATTACHMENTS: 1. Resolution No. PZ05-37 2. Preliminary Plat KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-37 SUBDIVISION PLAT A RESOLUTION OF THE PLANN1NG AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Yragui Subdivision Addition No. 1 was referred to the City of Kenai Planning and Zoning Commission on May 19, 2005, and received from McLane Consulting. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS - Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Stares of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are not correct. 9. CONTINGENCIES: a. Correct street name to read Aliak Drive NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZON1NG COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES Yragui Subdivision Addition No. 1 SUBJECT TO ANY NEGATIVE F1NDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 8~ 2005. CHAIRPERSON. ATTEST: M .zg'g61, 3.90. i0.00 N t M M STAFF REPORT To' Planning & Zoning Commission Date: May 31, 2005 Res: PZ05-29 Addendum GENERAL INFORMATION Applicant: Ron Lucia, General Manager Peninsula Oilers P.O. Box 318 Kenai, AK 99611 283-7133 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Concert (Assemblage) NW ¼ of Government Lot 4 103 South Tinker Lane 04938217 R- Recreation Recreation Neighborhood Residential General Information: This public hearing was postponed from your May 25th meeting. The Commission heard testimony from Jack Porter. Mr. Porter was concerned about restricting the concerts to 10 p.m. and only allowing them on Friday and Saturday nights. He also requested the Commission set a maximum DB level and require placement of the speakers away from the residential areas. (See Page 4 of May 25, 2005 meeting minutes.) A motion was made and seconded to amend that one of the conditions of the permit be that the loud speakers used in the concerts point directly at the covered grand stands. From the record, it does not appear that a main motion was made. After the motion to amend was seconded, Commissioner Bryson moved to postpone the matter until the next meeting to allow input from the petitioner. The motion passed unanimously and the matter was postponed to June 8th. Mr. Porter's concerns were provided to Mr. Lucia, General Manager of the Peninsula Oilers. Mr. Lucia responded via email to those concerns. A copy of his response is attached. 0529 Addendum Comment.doc Page 2 On May 26, 2005, public hearing notices were resent to property owners as required by the Kenai Municipal Code and the public hearing notice was advertised as a part of the City's Public Hearing Notice in the Peninsula Clarion. The record shows the hearing was closed; however, the Commission may wish to reopen the hearing to allow the public the opportunity to comment. RECOMMENDATION: Mr. Lucia's responses to Mr. Porter's concerns are noted on the attached email. speaks to the concern about requiring the concerts time to be limited to 10 p.m. original application under the detailed description, Mr. Lucia noted: Item 1 In the "The Oilers are seeking a conditional use permit for the purpose of entertaining fans after select games (4). Games typically end between 9:15 p.m. and 10 p.m. Post game live music would be performed for a maximum of 1 hour after completion of game." Item 4 speaks to the frequency of the games. Please see Mr. Lucia's response. Conditional Use Permits are reviewed and processed with the information contained in the application. Any modifications to the permit must make by requesting a modification (KMC 14.20.150 (h)) to the permit (after it has been approved), or by the Commission by motion during the approval process. The 10 p.m. time frame was determined by the original application. After reviewing information contained in the original application, it appears the requirement for the concerts to conclude should have been 11 p.m. It is recommended that the Commission review and make a decision on the record relating to each of these items. If the Commission does not take action and approves the application, the concerts would be limited to the information from the original application. It is recommended that the original resolution be amended from 10 p.m. to 11 p.m. ATTACHMENTS: 1. Email from Mr. Lucia sent on May 26, 2005 2. Original packet from May 25, 2005 Commission meeting Page 1 of 1 Marilyn Kebschull From: Rlucia99@aol.com Sent: 26 May, 2005 2:16 PM To: Marilyn Kebschull Subject: Re: FW: PZ05-29 Marilyn, I 1. As stated in your staff report, the concerts need to have a time limit (be over by 10 PM). Most games are over by 9:30 pm. We would like to assure our fans that we could provide music for one hour after our game. We seek to have a permit for up to 10:30pm 2. Speaker positions should be addressed (speakers to be aimed toward the stands). The speakers have been in place now for over a number of years without complaint. 3. Decibel levels at surrounding residences should be set at a reasonable level. The idea of having concerts at Oilers Park is to enhance the overall entertainment experience for the community. The Oilers are only interested in fulfilling that opportunity and do not seek to encroach upon the Neighboring community. That being said, decibel levels will be kept at a reasonable level. 4. The frequency and days of the week should be addressed (Fridays and Saturdays only and no more than once a month). The Oilers season starts between the first and second week of June and wraps up at the end of July. Having a restriction of once a month would greatly limit our ability to expand our revenue beyond our current level. Gaming legislation is continually being introduced which would have a negative impact on our overall financial outlook. We feel it would behoove the Oilers to prepare for the day when we can no longer rely on gaming revenue thus the Oilers are looking to diversify it's revenue streams. Ron Lucia General Manager Peninsula Oilers Alaska Baseball League gm@oilersbaseball.com (907) 283-7133 Office (907) 283-3390 Fax 05/26/2005 STAFF REPORT To: Planning & Zoning Commission Date: May 5, 2005 Res: PZ05-29 GENERAL INFORMATION Applicant' Ron Lucia, General Manager Peninsula Oilers P.O. Box 318 Kenai, AK 99611 283-7133 Requested Action' Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Concert (Assemblage) NW ¼ of Government Lot 4 103 South Tinker Lane 04938217 R- Recreation Recreation Neighborhood Residential General Information: KMC 14.20.150 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. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The 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, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 0529 Comment.doc Page 2 The Peninsula Oilers would like the option of holding concerts after select games to provide entertainment for fans. Oilers Park is located in the Recreation zone at the intersection of South Tinker Lane and Lawton Drive. There are developed residential parcels in the area. The municipal code does not specifically address concerts. The most closely defined use is Assemblages which is commonly defined as, "collection of people or things; a gathering." Residents in the area are accustomed to the activities associated with baseball games. Because concerts are not typically associated with baseball games, requiring a conditional use permit for the activity will allow neighboring property owners the opportunity to comment and note any concerns. To issue the permit, the Commission must determine that the proposed used meets the criteria outlined in the Kenai Municipal Code as listed below: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; "The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non-commercial recreation and residential purposes. Lands designated for this district should be evaluated for long-term public benefits to accrue from the protection offered by this designation." Allowing the Oilers to hold concerts after their games appears to meet the intent of the zone. The value of the adjoining property and neighborhood will not be significantly impaire& Oilers Field is fully developed and the proposed use should not affect the value of the neighboring properties. The Comprehensive Plan Land Use Plan identifies the parcel as neighborhood residential. Other parcels zoned recreation are identified as conservation/open space. The Plan may have inaccurately identified this parcel as neighborhood residential and may need amending. However, the neighborhood residential classification identifies, "Formal public outdoor spaces (parks) are a critical feature in this district." The proposed use is in harmony with the Comprehensive Plan; Oilers Park is a developed baseball field. The Comprehensive Plan identifies the parcel as Neighborhood Residential and notes that formal public outdoor spaces (parks) are a critical feature of the district. Allowing the proposed concerts appears in harmony with the Plan. Public services and facilities are adequate to serve the proposed use; Oilers Field is developed to accommodate large groups of people. Public services and facilities are adequate to serve the proposed concerts. The proposed use will not be harmful to the public safety, health or welfare; The concerts are proposed to provide entertainment to fans after the baseball games and should not be harmful to public safety, health or welfare. 0529 Comment.doc Page 3 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, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The facility is adequate for the use. There is sufficient off-street parking, the field is screened and fenced. Limiting the time for the concerts to end no later than 10 p.m. as requested in the application should limit any adverse effects of the concerts. City Engineer: Access, parking, etc. should be adequate with the new activity. Building Official: If additional permanent seating is installed, a building permit will be required. temporary seating is installed, exit corridors will be required. If RECOMMENDATIONS Oilers Park is a commercially mn baseball park. The field is developed with sufficient off street parking and a treed buffer from the adjoining properties. Allowing the operators of the park to provide concerts to fans after games should not adversely affect adjoining properties as long as the event is limited recognizing that the field is located near residential areas. Recommend approval with the following condition: le Concerts are limited to operating no later than 10 p.m. ATTACHMENTS' 1. Resolution No. PZ05-29 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-29 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME' Ron Lucia, General Manager for The Peninsula Oilers USE Concert (Assemblage) LOCATED NW ¼ of Government Lot 4- 103 South Tinker Lane (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04938217 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 4, 2005 , This request is on land zoned' R- Recreation . That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Concerts may be held no later than 10 p.m. . That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 2005. o 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 APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONCERTS (ASSEMBLAGE) MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION 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, June 8~ 2005. CHAIRPERSON: ATTEST: KENAI. ALASXA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05=29 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PEKMIT TO' NAME: for The Peninsula Oilers USE Concert (Assemblage) LOCATED NW ¼ of Government Lot 4- 103 South Tinker Lane (Street Address/Legal Description) OF KENAI PENINSULA BOROUGH PARCEL NO: 04938217 WHEREAS, the Commission finds' That an application meeting the requirements and received on: .May_4, 2005 14.20.150 has been submitted , This request is on land zoned: R- , That the applicant has will meet the following specific requirements: a. Concerts may other documents that they can and conditions in addition to existing than 10 p.m. 4. That the 14.20.280 on: public hearing as required by KMC 5. Applicant must all Federal, State, and local regulations. NOW, THEREFORE, BE BY THE PLANNING AND ZONING COMMISSION OF THE KENM THAT THE APPLICANT HAS DEMONSTRATED THE PROPOSED CONCERTS (ASSEMBLAGE) MEETS THE CONDITIONS FOR SAID OPERATION AND THEREFORE THE COMMISSION AUTHORIZE THE ADMINISTRAT~E OFFICIAL TO ISSUE TI-~ APPROPRIATE . PASSED BY KENAI, PLANNING AND ZONING COMMISSION O1' THE CITY OF MAY 25~ 2005. C r: ATTEST: DEEPWOOD CT SOUTH TINKER LN OOOM % % NORTH TINKER LN LINWOOD LN Z "' ..... - J ~~ TERESA ST "~ CANDLELIGHT DR ~ COPPER LN ~ ~ cop ,ER LN q _ J KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ~.~~ .. · " 1992 CONDITIONAL USE PERMIT /4~y.. 4 APPLICATION Applicant's Name: Business Name: Date: Phone: Mailing Address' Street Address' (Where permit will be operated from.) Legal Description of Property: Kenai Peninsula Borough Parcel No.' City of Kenai Zoning: 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 p~rocessing. Do not submit your application until it contains all' required...i.,nf0~n/l~tion.. .... ....., (Check each box that applies and attach the necessary informatiOn to tli~is application.) I am the' legal, owner of the property. I am not the le~gal 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. I certify that the information provided is accurate to the best of my knowledge. Applicant' Date: · -" :':':':':':':':':'""'~''"'"'" ...........:'' '1 \ :i:i i! i! ii!ii~i i!i !i:i:i:i:i:i:i:i:i:i:i:!:i:i~ . :: :: : ..... :.:.:.~.:.:,:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.~ =========================================================================== ==================================================================== 'i'i'i'i'i':':'i'i'i'i'i'i'iii'iiiI'II'. ............ i.i.i.2.1.~.i.i.i.i'i.i'i'i'.'i'.'.'i'.'i'.'.'.'.'.'.'.'.'.'. ..... .......... i...i....-.'.-.'.' .'.'.'.'.'.'.'.'.'.'.'.'.'.'. .......... ............................................ .......... · '.'.'-'.'.'-'''''"'''i'i'i'i' 'i' '2 ............ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: , =================================================== I I Page 1 of 1 Marilyn Kebschull From: jack and bonnie porter [jacknbon@gci.net] Sent: 26 May, 2005 12:13 PM To: Marilyn Kebschull Subject: PZ05-29 Dear Sirs: Concerning the application for concerts at Oilers Ballpark. My name is Jack Porter, I spoke to you at the meeting of May 25 on the subject. As I may be unable to attend your next meeting I would like to re-state my position. My wife and I own lots 17, 18 and 19 Deepwoods sub directly across Tinker Lane from Oilers field. On those lost we have three apartment houses. The Oilers have been good neighbors and I assume will continue to be so. However I think some guidelines for concerts need to be established. 1. As stated in your staff report, the concerts need to have a time limit (be over by 10 PM). 2. Speaker positions should be addressed (speakers to be aimed toward the stands). 3. Decibel levels at surrounding residences should be set at a reasonable level. 4. The frequency and days of the week should be addressed (Fridays and Saturdays only and no more than once a month). With these or similar guidelines in place I am of the opinion that these concerts could be a positive thing for Kenai. Thank You Jack V. Porter 05/26/2005 STAFF REPORT To: Planning & Zoning Commission Date: May 18,2005 Res: PZ05-34 GENERAL INFORMATION Applicant: Jay Cherrier, Managing Partner Port of Kenai LLC 2404 Boyer Avenue East Seattle, WA 98112 206-409-1952 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Conditional Use Permit- Recreational Vehicle Park U.S. Survey No. 678 Amended 810 Childs Avenue 04901401 IH- Heavy Industrial Commercial/Industrial Industrial ANALYSIS General Information: KMC 14.20.150 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. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The 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, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 0534 Comment.doc Page 2 Applicant is applying for a Conditional Use Permit to operate a recreational vehicle park. Recreational vehicle parks must meet the requirements of KMC 14.20.150 and KMC 14.20.245' (a) Recreational vehicle parks may be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: (1) Adequate utilities for projected or actual use shall be available. (2) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. (3) Any and all specific conditions required to comply with subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks. Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit. The conditional use permit may be revoked by the Commission if the conditions set forth in subsections (a) and (b) above are not maintained. Applicant is proposing to develop a recreational vehicle park on a 16.5-acre parcel zoned Heavy Industrial. This site is located off Bridge Access Road on Childs Avenue. This is the location of the original Dragnet Fisheries cannery. The plan is to operate seasonally from May through September of each year. This year, if approved, the park would be for self-contained recreational vehicles only. This winter and spring of 2006, they will be installing water, sewer and power to the sites. The utilities will meet State of Alaska, Department of Environmental Conservation requirements for recreational vehicle parks. There will be on-site staff to collect fees, clean up, and administer the park. The attached drawing is a preliminary concept and may be modified depending on the utility installation. The site will maintain the original cannery building with parking for that building and the boat storage yard shown on the drawing. The site is fully fenced. Landscaping will be minimal and will be identified through a landscape/site plan when the building permit is issued for the utility construction. RV spaces will be 30 feet by 70 feet. The access lanes are planned for 28 feet wide, which meets the 20-foot minimum required for fire emergency access. To issue the permit, the Commission must determine that the application meets the following: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the Heavy Industrial zone is, "The IH Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from 0534 Comment. doc Page 3 residential and commercial areas to avoid any nuisance effect." The proposed RV Park is a commercial use. The area is isolated from residential areas and appears consistent with the intent of the zone. The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property should not be impaired. In fact, by developing the RV Park, the site will be cleaned and cleared of debris. The park should improve the area. The proposed use is in harmony with the Comprehensive Plan. The proposed use should be an asset to the commercial/recreational fishing in the area. The Plan notes that, "The decline of the commercial fishing industry has suspended, perhaps ended, the useful economic life of the local fish process plants." Renovating this parcel into a recreational vehicle park should extend the economic viability of this parcel and provide a service not currently served in the area. The use appears in harmony with the Plan. Public services and facilities are adequate to serve the proposed use. The installation of on-site water, sewer, and electricity will meet the needs of the proposed use. The proposed use will not be harmful to the public safety, health or welfare. The proposed use will not be harmful to public safety, health or welfare. 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, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. See below. The proposed recreational park must also meet the requirements of KMC 14.20.245' Adequate utilities for projected or actual use shall be available. The installation of on-site water, sewer, and electricity will meet the needs of the proposed use. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. The proposed use will not be harmful to public safety, health or welfare. Any and all specific conditions required to comply with the above requirements as determined by the Planning and Zoning Commission shall be met by the applicant. The site is fenced and located in a heavy industrial area. There do not appear to be additional conditions that are necessary for the development. When the building permit is issued for utilities, the site plan will be finalized and landscaping will be determined. Maintenance of Parks. Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. Because of the location, especially during peak fishing season, there is a lot of activity during all hours of the day and night. The applicant should address issues relating to noise, pets, refuse, etc. through park roles to insure that park users do not become a nuisance. 0534 Comment.doc Page 4 City Engineer: Site should accommodate the proposed development without adverse affects greater than historically used. Location next to existing boat launching is desirable. Conditional requirements are reasonable. Building Official: No additional building code issues. Fire Marshal: Campground should be in compliance with National Fire Protection Association (NFPA) 1194 Standard for Recreational Vehicle Parks and Campgrounds. RECOMMENDATIONS The proposed application for a recreational vehicle park appears to meet the requirements of the Kenai Municipal Code and the Comprehensive Plan. Due to the location of the proposed park, it appears that impact will be minimal to surrounding properties. Recommend approval with the following requirements: le o Obtain building permits for installation of utilities and the office building. Submit a landscaping/site plan with the building permit that addresses landscaping, traffic patterns, RV sites, public utilities, etc. Submit State of Alaska, Department of Environmental Conservation permits to the City for the on-site public water and wastewater systems. ATTACHMENTS: 1. Resolution No. PZ05-34 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-34 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: JAY CHERRIER, MANAGING PARTNER, PORT OF KENAI LLC USE RECREATIONAL VEHICLE PARK LOCATED U.S. SURVEY NO. 678 AMENDED- 810 CHILDS AVENUE (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04901401 WHEREAS, the Commission finds: o That an application meeting the requirements of Section 14.20.150 has been submitted and received on: MAY 17, 2005 , This request is on land zoned: IH- HEAVY INDUSTRIAL 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Obtain building permits for installation of utilities and the office building. b. Submit a landscaping/site plan with the building permit that addresses landscaping, traffic patterns, RV sites, public utilities, etc. c. Submit State of Alaska, Department of Environmental Conservation permits to the City for the on-site public water and wastewater systems. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: June 8, 2005. , 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 APPLICANT HAS DEMONSTRATED THAT THE PROPOSED RECREATIONAL VEHICLE PARK MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION 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, JUNE 8, 2005. CHAIRPERSON: ATTEST: Plaw I? 05 l!:OOa St, eph! En~ 5G~'!~G~ 'CITY OF KENAI CONDITIONAL USE PEKM1T APPLICATION RECEIVED Date: 05/~3/2005 Applicant's Name: _Jay Cherrier,. Maaagin_q Pt~r~ Phone: 2_06-_409-1952 BusincssN'ame: Port of Kenai LLC Mailing Address: _ ~_aO4 Bayer AvR~__F.__ g~_mtt]~_; WA 9811_2__ _ __ _ (Wh=tr permit will bo ol~ratcd from.) I~8al DescriplionofProper~: U :$_, Survey NO_._ 67_8__Am_~nde. d ... Kcnai Peni,,ula Borough Parcel No.' City of Kenai Zoning:.. _ZH Provid~ a dot~f ed description of the proposed usc. If thc space provided is not sufficient, attach a sheet to the application. The sit_m w_ill be used for a_r_e~_rea_t_~nnal vah~_l~ p~r~, as shown on the attached drawinq. Eull hogkups__( wa ter sewer,power) will be installed prior to the 2006 season. In _~0_05 =_ ov~rn_~_o~ht_Da)'k~ ng w~l I nn l_y bp~_.n_?a_ V]_~_~__ to__ E0/~0 39~/d S(I-~S S/HDI'] N~SH/~ON 6qosg8g905 It~'bI qOlagfLItqla H&~I !"/ 05 11-00a Stephl Eng SS21~S4 p.3 The go!!owln~ information must be provided befg.re your aDulic, atio_.n. ,w_~ be ~o~si~_ered for pr~¢essint~. Do not submityou.r application u~.til i_t_.eontains all ~auire~. !nformatio_a. (Check each box that applies and attach the necessary information to this application.) I am thc legal own=[ of tl~ property. I am not the Iepl owner of the property; however, I have aua~hcd verification by the owner of thc property that I have p~-rnission to apply for this Conditional Use Permit. Atiached ar~ dimensioned plot plans showinl~ the location of all existing and proposed buildin~ or alteration on the affected property. Plans ~ show, at a ' mi~iraum, thc entrance, exit, and parking spaces on the property. (For bed & br~akfasi applications, must show are~ zo be rented.) I ba-~ paid thc appropriate fcc. I hav~ ravicwcd Kcnai Municipal Code 14.20.150, Conditional Usc P~rnits, and believe that thc zexluesr~d p~mit satisfies the r~quirements of this section of thc code. Specifically, the following requi~cnts.hav¢ be~ satisfied: Thc use is consistent with the purpose of this chapter and thc purposes and intent of the zoni~ district. . The value of the adjoining prol~rty and neighborhood will not bc significantly impaired. The proposed t~e i~ in harmony with th= 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 certi~ that the infonnation provided is accurate to the best of my knowledge, -- Daze: . . _ __ _ .... E0/E0 qg~d S(I-tS SIHgl~ N~'qHJ.~ON Bq09ESE90E [t~'t~[ S00EtLIfqO ~ ,-. *O'd "eMXoO~S ~ At .~D,l.~gg N U.S.S. 4563 ROAD NO. 2 SUbjeCt prope~y U.S.S. 678 BOAT LAUNCH RD CITY OF KENAI BOAT RAMP & r.o.w. DEDICATION STAFF REPORT To' Planning & Zoning Commission Date' May 18, 2005 Res: PZ05-35 Addendum GENERAL INFORMATION Applicant: Patrick J. Doyle 776-8552 Dba Beaver Loop Sand & Gravel 49785 Island Lake Road Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Amend Conditional Use Permit (PZ93-52) Extraction of Natural Resources Tract A1 Beaver Loop Acres Add No 1 2369 Beaver Loop Road 04912051 RR- Rural Residential Gravel Pit Rural Residential Surface General Information: PLEASE READ THE ADDENDUM AFTER READING THE COMPLETE STAFF REPORT. As noted in the staff comments on Mr. Doyle's request to modify the original permit, Mr. Doyle modified the original request to include Area 2. Since receiving his copy of the staff comments, Mr. Doyle submitted the attached letter. Staff explained to Mr. Doyle that the Commission would review his request to modify the excavation area to include Area 2 and the letter dated May 25, 2005 explaining the reclamation plan. RECOMMENDATIONS The staff recommendations dated May 18, 2005 do not change. Prior to the permit being issued Mr. Doyle will be required to submit an updated site plan as required in KMC 14.20.154. The site plan must meet the requirements of KMC 14.20.154 (8), "The 0535 Addendum Comment. doc Page 2 extraction does not destroy the land for the purposes for which it is zoned." This land is zoned RR- Rural Residential. ATTACHMENTS' 1. Letter dated May 25, 2005 from Mr. Doyle 2. Staff Comments dated May 18th with application and drawings May 25, 2005 Dear Marilyn- Re: Conditional Use Permit (PZ93-52) Area # 2 It is our intent to excavate our gravel pit below the water table, leaving a minimum of 150' Buffer around our property line on all sides. I will excavate in an area that I can start backfilling close behind, with materials from Kenai Area Projects. Upon completion, the area would be flat and could be used for some purpose, maybe a hayfield. Sincerely, Patrick J. Doyle STAFF REPORT To: Planning & Zoning Commission Date: May 18,2005 Res: PZ05-35 (PZ03-32) GENERAL INFORMATION Applicant: Patrick J. Doyle 776-8552 Dba Beaver Loop Sand & Gravel 49785 Island Lake Road Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Amend Conditional Use Permit .(PZ93-52) Extraction of Natural Resources Tract A1 Beaver Loop Acres Add No 1 2369 Beaver Loop Road 04912051 RR- Rural Residential Gravel Pit Rural Residential Surface General Information: Mr. Doyle is requesting an amendment to his Conditional Use Permit for Surface Extraction of Natural Resources. The original permit was issued in 1976 and transferred to Mr. Doyle in 1985. In 2003, the permit was amended to include a storage yard. Mr. Doyle is requesting an amendment to excavate below the water table, "at the current pit location." When the 1985 permit was transferred to Mr. Doyle, it was transferred intact. Because the original application did not include digging below the water table, the code requires an amendment to the permit as noted in KMC 14.20.158 (b): (b) A permit holder may amend his site plan and statements by filing an application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. 0535 Comment.doc Page 2 Attached is an updated application, a copy of the original application, and an aerial photo showing the property. The photo shows access, areas previously excavated, and equipment stored at the site. In addition, there are two areas marked as Area 1 and Area 2. Area 1 is the area Mr. Doyle identified as the area for the amendment during the application review interview. Since that initial discussion, Mr. Doyle asked to add Area 2 to be included in the amendment for possible future excavation below the water table. The code requires the Commission to approve an amendment, "if the original application would have been approved had it contained the provisions of the application for amendment." Other pits in the area have noted the high water table and requested and were approved to dig below the water table. These pits include a lake as a part of the reclamation plan. When the permit for this pit was transferred to Mr. Doyle, the original reclamation plan was not modified. The original plan was to develop a residential subdivision. Mr. Doyle was advised of the original plan and has now included a lake in the reclamation plan. As is shown in the photograph, Area 1 has been excavated back to the north property line. In 2004, after extensive research of the records on this pit, it was determined that this pit held stares as a non-conforming use. Even though it could not be documented, it was assumed that the buffer was breached prior to the City assuming zoning powers. At that time, Mr. Doyle was notified that he would not be required to reclaim the breached area; however, that no further excavation could take place in required buffered areas. Kenai Municipal Code 14.20.050(f) states, "No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance." KMC 14.20.154 (a) (2) requires, "The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites." This property line would require the 150-foot buffer. The City Attomey and the City Planner conducted a review of the City's code and state case law. Based on this review, it is believed that allowing excavation down (not further into the required buffer) would not increase the non-conformity and could be allowed. Kenai Municipal Code 14.20.154 (6) states, "If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area." Mr. Doyle advises that there is fencing across the front portion of the lot behind the residential lots. In addition, there is a gate to the pit. On the back property line, Mr. Doyle had installed a barrier fence but noted it had been damaged and he would need to replace it. 0535 Comment.doc Page 3 Ci_ty Engineer: Proper site drainage should be maintained that doesn't cause problems for adjacent property owners, prevents effluent siltation and maintains water quality to receiving streams. Building Official: No building code issues. RECOMMENDATIONS Applicant is applying to amend his Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table. There are two areas identified for this modification. Area 1 is an area previously excavated and Area 2 has not been excavated. Other gravel pits in the area have permits that allow excavation below the water table. These pits have reclamation plans that include lakes. It appears that allowing excavation below the water table in the section of the parcel identified as Area 1 could be allowed with a reclamation plan that includes a lake. The application notes the plan to include a lake as part of the reclamation plan; however, there is no drawing depicting the actual plan. Area 2 has not been excavated. Even though the code allows for excavation to the lot line of properties of adjoining pits, it is unclear how Mr. Doyle plans to keep mn-off overflow from the adjoining parcel. Without more planning and a layout of the planned reclamation, it does not appear reasonable to allow excavation in the area marked as Area 2. Based on other pits in the area being allowed to excavate below the water table, it does appear that had the original reclamation plan included a lake with residential development that the permit would have been approved. Recommend approval with the following requirements: , e o Allow excavation below the water table in the location marked Area 1 on the attached photograph. Submit an updated reclamation plan showing furore residential lots, proposed lake, roads, etc. Obtain any permits necessary from State or Federal agencies for said excavation. If the Commission decides to allow excavation in the location marked Area 2 on the photograph, recommend the following requirements prior to permit being issued: , Amend application to clarify areas to be excavated below the water table. 0535 Comment.doc Page 4 , . . Submit an updated reclamation plan showing furore residential lots, proposed lake, roads, etc. Submit a site plan that insures that the 150-foot border is not breached to the north of the excavation. Submit a site plan that shows how the applicant intends to eliminate any pollution of the adjoining pit from mn-off from the proposed excavation. ATTACHMENTS: 1. Application 2. Original Application 3. Aerial Photograph showing Area 1 and Area 2 KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-35 (PZ03-32) CONDITIONAL USE PERMIT EXTRACTION OF NATURAL RESOURCE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY KENAI GRANTING A REQUEST TO AMEND A CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES TO ALLOW DIGGING BELOW THE WATER TABLE: OPERATED BY: PATRICK J. DOYLE DBA BEAVER LOOP SAND & GRAVEL . LOCATED: TRACT A1 BEAVER LOOP ACRES ADD NO. 1 - 2369 BEAVER LOOP ROAD (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04912051 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.154 has been submitted and received on' May 12, 2005 2) This request is on land zoned: RR- RURAL RESIDENTIAL 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2 4) That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: June 8, 2005. 5) 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 APPLICANT HAS DEMONSTRATED THAT THE PROPOSED EXTRACTION OF NATURAL RESOURCES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION 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 THIS 8th DAY OF JUNE 2005. CHAIRPERSON: ATTEST: 05-35 Res.doc Page 2 Recommend approval with the following requirements' , , Allow excavation below the water table in the location marked Area 1 on the attached photograph. Submit an updated reclamation plan showing furore residential lots, proposed lake, roads, etc. Obtain any permits necessary from State or Federal agencies for said excavation. If the Commission decides to allow excavation in the location marked Area 2 on the photograph, recommend the following requirements prior to permit being issued: , o Amend application to clarify areas to be excavated below the water table. Submit an updated reclamation plan showing furore residential lots, proposed lake, roads, etc. Submit a site plan that insures that the 150-foot border is not breached to the north of the excavation. KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611 ' Telephone: 907-283-7535 / APPLICATION FOR NATURAL RESOURCES 'il' Address' Phone' ~' 1. Legal description of the proposed area: "f~-~c.t Dimensions in square feet of acres: Highest and lowest topical contour of area before extraction· Highest: Lowest: Highest and lowest topical contour of area after extraction: Highest: Lowest: Describe existing buildings (if any) on the property; i.e. placement, type, etc. o Describe proposed buildings (if any) on the property; i.e. placement, type, etc. Describe any access pr haul roads onto or from the property; i.e. width, length, surfacing, etc. . Describe location and nature of operations proposed to take place on site: v~~'~t~ 'r,~~,.;_ ar ~~_ ~,~.-~t p,..r /-~,~?;'~v' 9. Has a soil survey been done on the property' ~ No 10. If a soil survey has been done, give locations' '~<c.- ~. )qA },".,3' _cdt ~.,~ )_,'_~..~' z Z:,L~.,~ ) C~_~.~'/~~. ~..~: ~ ,.~,- '¢-~ ~3/~..~'~C..../~F,~_''' 11. Describe water table depths on the property: , · .., 12. Estimat'~4he..amoU~t of material to be removed from the site' · .~ '"'i"3-:-EStimate: tt~ length of time required to complete the operation. If continuing · indefinitely, ~0 state' 14. Proposed hours of operation: 15. Method of fencing or barricading to prevent access (this should be indicated on site 16. Amount and location of natural screening (trees, vegetation) between property lines and excavation site: ~c.. ~~t~ ,~r' ~. ,/')~,/') ~~ 17. Plans, if any, to construct artificial screening: 18. Describe operations to take place on-site during and after extraction: 19. Describe plans for regarding and shaping land after operations are complete' 20. Describe method of backfilling or replacing top soil' 21. Describe proposed future use of land after extraction (i.e., houses, parks, etc), Include proposed development plan: Tr:id _h& · 22. State and Federal license numbers for extraction: State# Federal# 23. Detail proof of property ownership of the site' 24. Attach the following to this application. Adequate map(s) which clearly illustrate the following: a. Present state of entire parcel, including buildings and landscape features.' b. Proposed future development plan. c. Proof of ownership of parcel. ,. e. le · Se · · APPLICATION FOR NATURAL RESOURCES PERMIT Legal description of the proposed area' ...... ',,~. 'o~ ~.~ ~ -- ,, z~..~ north ....... · ,~ec ~_~on !' Dimensions in square ~eet or acres: '~. ... .. Hi~hes~ and lowes~ ~opical con,our o~ area be~ore ex~rac~ione 'Highest- ~, ...... ~_ ,-'..- , . . . lowest- ,. Highest and lowest topical contour of area after, extraction- Hi ghest -_ l~g ~ Lowest · L,.~ ,, Describe existing buildings (if any) on the property; i e type, etc. ' ' placement, Describe proposed buildings type, etc. -. (if any) on the property; i.e. p'lacement, Mort= at this ~m.m.e. · Describe any access or haul roads onto or from the property; width, length, surfacing, etc. . Provosed road shov,m o~ e~hj.]~.~, t (~2 · Describe location and nature of operations proposed to take place on site. 4- l I · 10. Has a soil survey been done on the property? ~ · If a goil survey has been done, give locations- ~circle one) 11. Describe. water table depths on the property- .. · ~'I1 12. Estimate the amount of material to be removed from the site- 150.0Oo - 1.000.000 ,.rards 13. 14. 15. Estimate the le'ng~h of liillle required to complete the operation. continuing indefinitely, so state. If Est~ma~ 5 to lo year li~ -J-J-~, ~ ,,... · ,...,.. Proposed hours of operation- ~ to 5 with exf. ended ~.eak season hours ., Method of fencing or barricading to prevent access. be drawn on site plan.) (This should also Re'eerence e:.:hib~t :,-,- and .~ ?,[atural screenin~ ¸16. Amount and location of natural screening property lines and excavation site- (trees, vegetation) between 17. Plans, if any, to construct artificial screening · -2- 18. 19. 21. Describe operations to take place on-site during and after extraction- .s~'ara+'.'' '' ~.-. ~___ ~.,-_c.., . z.~_ and :"~:: · (S-~e. .- e~:b_~x~+_ ~_ ~. :-::-2) n~.. ~,.. ~.q.. ~ 2q.. · .. Describe plans for regrading and shaping land after operations are complete- Or~.d. usl s!owed conto~r ~..~ith the re~lace:nent o,~ overburden and to,~soi!. . . . Describe method of backfilling or replacing top Soil- _ _ - · '.a-'ceri~i %0 be '~-'oved by cs.t. Describe proposed future use of land after extraction (i..e. houses, parks, etc.). Include proposed development plan. T,ooking 10 years in the future, to make any co~m. itment no~.~ would not be reslistic. ?.re beleive the future value of this land is ¢o..~mercial, 22. 23. State and Federal license numbers for extraction- /~p~!ications pendin~ a~rova!. River Eend Sand ~,~ Gravel, State #_~ncor,vora~.~d' *~ ,-'i~.. th~ State Federal' # oz." Al~slra.' Sga~l on ~age ~ of aD~licatio'n. Detail. proof of property ownership of i;lae site- Inc.' is See at~ched e~-~hibit .~'~x~/ 24. Attach the following to this application. (1) Adequate map or maps which clearly illustrate the following. a. Present state of entire parcel, including buildings and landscape features. b. Proposed future development plan. c. Proof of ownership of parcel. o · --4- ai in . crow om] an 115 South Willow WALCO BUILDING, P~"~d~~]~l~ · KENAI, ALASKA 99611 Telephone 283-7151 June 20, 1985 RECEIPT RECEIVED OF the Office of Phil N. Nash, Attorney, the sum of $10,000.00 as downpayment and Earnest Money in the transaction between River Bend Sand and Gravel, Inc., Sven Ellstrom, Richard D. Swanson and Robert L. Borgen, as Sellers and Patrick J. Doyle and Mary J. Doyle, as Buyers. ALSO RECEIVED on this 20th day of June, 1985, the original executed Agreement for Sale and Purchase by and between the above parties. Check for $10,000.00 and said Agreement received by KENAI PENINSULA ESCROW COMPANY this 20th day of June, 1985. KENAI//~ENINS~LA ×E~CROW COMPANY t JA~ DALf.[E.'~Ri E§dr~w OffiCer . - EXHIBIT A ---I STAFF REPORT To: Date' Planning & Zoning Commission May 18, 2005 Res: PZ05-36 GENERAL INFORMATION Applicant' Linda L. Snow, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283-7535 Requested Action' Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Rezone - Conservation to Limited Commercial Portion of Section 33 S1/2 S1/2 SW ~A Lying South of Kenai Spur Highway shown on Attachment A 10095 Kenai Spur Highway 04501003 Conservation Vacant Conservation/Open Space General Information' This is an application to rezone a portion of the property described as Section 33 Sl/2 Sl/2 SW ¼Lying South of Kenai Spur Highway shown on Attachment A from conservation to limited commercial. This parcel is located between the Kenai Spur Highway and Lawton Drive. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights- of-way) unless the amendment enlarges an adjacent district boundary." The proposed rezone meets the requirements of KMC 14.20.270. According to the City's records, a plat was submitted in 1983 to subdivide the entire parcel into 29 lots. At that time, the property was zoned suburban residential. That plat was never recorded. In 1984, Ordinance No. 962-84 was approved rezoning the parcel from 0536 Comment.doc Page 2 suburban residential to conservation. It appears that this rezone was the result of the proposed subdivision; however, the record is not clear. In 1985 the Planning Commission was asked to review the property for future development. At that time, residents who were opposed to any development less restrictive than the conservation zone submitted petitions to the Commission. The Commission voted to maintain the conservation zoning on the property. After the Commission's review of the request, City Council discussed rezoning the property. Public comment was taken and was generally against rezoning the property. On November 27, 1985, a public hearing was held by the Planning Commission to hear Resolution PZ85-83 requesting a rezone of a portion of Lawton Acres from Conservation to General Commercial. A representative of an individual wanting to build a Pizza Hut on the property made the request. Public comment was generally opposed to the rezone and the resolution failed. On December 18, 1985, Council held a hearing on the requested rezone. The Council was presented with several petitions in favor of the proposed rezone. Council received public comment and voted unanimously to deny the requested rezone. Since 1985, the property has been maintained as a green belt with the conservation zone designation. The proposed rezone is similar to that proposed in 1985 in that it is basically the same portion of the Lawton Acres parcel as proposed in 1985. The rezoning request is to the newly established Limited Commercial Zone. This zone has strict development restrictions in use, landscaping, and size of structure. The property is currently zoned conservation. The intent of the conservation zone is, "The C-Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land." The proposed zoning is limited commercial. The intent of the limited commercial zone is, "The LC Zone is established to provide transition areas between commercial and residential districts by allowing Iow to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts." This parcel is designated in the Comprehensive Plan as Conservation. The Comprehensive Plan defines the Conservation Land Use as, "The Conservation district applies to public lands whose primary use is open space, recreation, fish 0536 Comment.doc Page 3 and wildlife habitat, drainage ways, floodplain, and wetlands. Some improvements may be appropriate within appropriate design guidelines." public The City of Kenai is requesting this rezone to provide for development of the property. Individuals interested in commercial development in this area have contacted the City. The proposed development meets the requirements of the Limited Commercial Zone. The updated Comprehensive Plan recognized the need to review and revise the conservation zone standards and to rezone public lands surplus to Kenai's future development needs for conservation. The Plan also notes that, "Where appropriate, re-designate areas now zoned for conservation to conform to the expected use of the area, e.g. parts of the Kenai Municipal Airport and privately owned parcels now zoned for conservation." Policy N1 speaks to this noting that a clearer description of the intent of the zone and when and where the zone should be applied is needed. The Plan also notes that there is, "an issue of neighborhood concern as result of commercial development near residential areas as conditional uses or through rezones, particularly along the Kenai Spur Highway. One of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses." The Plan also recommends, "Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway." City Engineer' No further comments. Building Official' No building code issues. RECOMMENDATIONS The City of Kenai has developed over the years with a linear growth pattern along the main thoroughfares. Businesses believe that to survive, they must be visible to traffic. The proposed rezone would extend commercial development past Walker Lane. On the north side of the highway, the area is already developed with commercial uses. The requested rezone to Limited Commercial Zone may meet the needs for commercial development while preserving the separation from the residential areas. The parcel is already separated from commercial development by Lawton Drive. The Limited Commercial Zone requires strict development standards including perimeter and buffer landscaping. 0536 Comment.doc Page 4 Rezoning this portion of the parcel would still allow for an area of open space. Any development on the parcel would require platting that would allow for planned development for access, which could limit access through the residential area off Lawton Drive. This parcel's zoning has been reviewed several times over the past years. Public sentiment has been strong against development of the area. However, as the City has developed the natural outgrowth of businesses along the Kenai Spur Highway has occurred. There are several factors attributing to this growth, the most obvious that most businesses are accessed by vehicle traffic and businesses believe that to survive they must be visible and accessible from the main thoroughfares. Past rezone requests to the General Commercial Zone were met with strict opposition from residents in the area. The Limited Commercial Zone allows for development as a transition between commercial and residential uses and even allows for residential use. It appears that rezoning a portion of the parcel to the Limited Commercial Zone and maintaining a portion for conservation/open space meets the criteria of the Kenai Municipal Code and the Comprehensive Plan and appears to be a positive compromise to meet development needs as well as preserving open space and providing separation from commercial uses and residential areas. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-36 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-36 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: LINDA L. SNOW, CITY MANAGER, CITY OF KENAI ADDRESS: 210 FIDALGO AVENUE, KENAI, AK 99611 LEGAL' PORTION OF SECTION 33 S1/2 S1/2 SW ¼ LYING SOUTH OF KENAI SPUR HIGHWAY AS SHOWN ON ATTACHMENT A PARCEL #: 04501003 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned CONSERVATION 2. The present land use plan designation is CONSERVATION/OPEN SPACE 3. The proposed zoning district is LIMITED COMMERCIAL 4. An appropriate public hearing as required was conducted on June 8, 2005 5. That the following additional facts have been found to exist: 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 petitioned REZONING of,PORTION OF SECTION 33 S1/2 S1/2 SW ¼ LYING SOUTH OF KENAI SPUR HIGHWAY AS SHOWN ON ATTACHMENT A is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 8~ 2005. CHAIRPERSON' ATTEST: KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Al; Telephone: 907-283-7535 / REZONING APPLICATION PETITIONER ADDRESS pHONE LEGAL DESCRIPTION PRESENT ZONE PROPOSED ZONE Linda L. Snow, City Manager, City of Kenai 210 Fidalgo Avenue, Kenai, AK 99611 907-283-7535 Conform to the boundaries shoxvn on Attachment A, called Lawton Acres. Conservation Limited Commercial Zone Intended Use and/or Reason for Rezoning' To provide for development of the property. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL TttE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND TItESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission' Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50)registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by tl~e l-tome Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be rezoncd contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. Rezon~ng Appi~cat~on A Public Notification and Hearing is required before the issuance of this pen'nit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidax'it of Posting may also be required. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9)months and which 'was not approved shall not be considered. Petitioner's Signature CHAIRPERSON ATTEST REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING I-- Z LLI STAFF REPORT To' Planning & Zoning Commission Date: May 27, 2005 Res' PZ05-38 GENERAL INFORMATION Applicant: Carolyn Barnes P.O. Box 2718 Kenai, Alaska 99611 283-6622 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation- Daycare Lot 3, Yragui Subdivision 503 Candlelight Drive 04510014 RS - Suburban Residential Residential RS - Suburban 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. Barnes has operated a daycare since February 2004 and has currently moved to this new location. Applicant currently watches only her niece, she is aware the code allows her to watch up to 8 children including her own from her residence. 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 May 25, 2005. If the day care is still in operation, a follow-up will be required on May 25, 2007. RECOMMENDATIONS Recommend Approval. ATTACHMENTS' 1. Resolution No. PZ05-38 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-38 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: Carolyn Barnes (Type of Permit) LOCATED: 503 Candlelight Drive- Lot 3 Yragui Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04510014 WHEREAS, the Commission finds' 1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and received on May 27, 2005. 2. That the application has been reviewed by the Commission at their meeting of June 8, 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 8th day of June 2005. Chairman: ATTEST: HOME OCCUPATION PERMIT APPLICATION DATE' .. 5-II Ob MAILING ADDRESS. '~' (.~' ~-bx'/-. '~'~t ~ PHONE' PHYSICAL ADDRESS- LEGAL DESCRIPTION: PARCEL NUMBER: ~~-: ',--,, ~~_ ~ ~ ZON~G: DESC~PTION OF OCCUPATION' ,~~i lO. ~:~ ,~. Section 14.20.230 of'the City of Kenai Municipal Code outlines regulations that allo 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 all buildings on the lot shall be used for the home occupation. Submit a site 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. Applicant's Signature: ~.~K,~L~~QL~_ l~ _Date:. ~'-'-~,- (~.~ Application reviewed and approved ~ ~la~/[ifi~ b iagO ic'a- Approved by the Planning & Zoning Commission. Date: E:\Wpdocs\FORMS\HOME OCCUPATION PERMIT APPLICATIONdne a aE ...... 2~ 0 Fid~lgo Avenue, K~nai, Al~sk~ 99{3~ ~-77oo4 Telephone: 907-283-7535 / FAX: 907-283-3014 {'[[[[.~--*~'-~ 1992 KENAI, ALASKA M MO: TO' FROM: Planning & Zoning Commission ' Marilyn Kebschull, Planning Administrator DATE: June 1,2005 SUBJECT: Kenai River Center- Project #5767 - Kenai Golf Course Attached is a copy of an application submitted by Gordon Griffin on behalf of the Kenai Golf Course to the Kenai River Center. The applicant seeks to withdraw water for watering golf greens. The water will be withdrawn from Boat Launch Creek for approximately one month with an estimated 300 gallons a day withdrawn. The City Engineer and Public Works Manager were asked to provide comments on the application: City Engineer: To our knowledge, the golf course has always withdrawn water from Boat Launch Creek for seasonal watering. This helps the City water system also. Public Works Manager: No problem doing this with the city water system. No objections. The Kenai River Center is requesting comments by June 15, 2005. Does the Commission wish to comment on the proposed permit? c E N T E. R. '~iJ'~' .... Region ~ Sheet ld I',,-~ App. Start. Date: l:':~i~il-6/2005.,...,.......,.__.J ONR Date In: Project Tracking Sheet Project Start: l ...................................................... i Project Completed= [ ............ '.{ 76;Zj Submgn: [i~'~-I~' ..................................................................... ] Coast. Dist: .................................... ';~ ........................ . .............................. p,,.,~m,,,. .... .ma, m.,,,,.,,,:.,~ ............... 05/16/2005 File Number' 5767 ' !__. ................................ !] . ~ ....................................... ! Spec Area: { Proj Name: Applicant: Contact Name: Location: Stream No: Tax Credit: [-t Parcel No: [0~9-010-22 ........................................... } ] APMA#: COE COE Pmt Expires L_ L .......................................... J ~ J RIv. Mile COE JD Expires: E] Review Type: O (];~. i ...................................................... ~ ,; .................. ,, ~,-,m,~,A'r=o, GREENS 1~"~~~E~.~;i~{~3:~`Lj~:~[~:~~j~j~.~-~~ ........... ~ Commen~: J~..L~.~.,~!.L~,~.~.~.,C.~ ~., ~,~,C.',.~.L~L~...~,~? .................. ~ ............................................ ' ........ ' ..................................................................................... ::::::::::::::::::::::::::: ............................................................................................................................................ j COE-KFO: ~ COE: ~ MINING LIST: CC: Cost Share: ~ T~: ~ CZM: ~ OPMP: ~ US~S: ~ K~: ~ COK: ~ COS: ~ ADF&GISF: ~ ....................... ~ ~= A! R~ D,~: ! i N Rec Date: [ ......................... '} ~ Days Review 8us, [ ..................... ] ID # Comments Due Revised Due Date Corem Sent Date Final Deter Rec'd OPMP: r i ! .................... ] ~ ........................................ " ' L ................... T"T.;.TJ. --[ Revr Pmt/Ref # Resp Due Revised Due Inspect Recm Recm Dat Auth Final Action I Date .= E:.T:~[-' ' ~_![ .................... -I[ ....... t F--- :! t', "-__il i;."----[ ~ I il ..~ ... J'::j:::::::]l ::::::::::::::::::::::::::::::::::::::: C:'_.'Z:L::::::.'i ::::::::::::::::::::::::::: EL"'.:'_"::] :::::::::::::::::::::::::::::::::::::::::::::: [2Z::Z] [ ....................... 2[ ..... ~ ................................ ~l .................... IZ:i::] [ ................................. 'ti' ......................... I [::::] ::::::::::::::::::::::::::: L. ................... ] ....................................................... Tax Cfi [:::::.':.-.:::::] [- .......................... Ir ................................... ! ........................ t ! ........................ ' ......... , ............................. ':f .......... i .................. ' ................................. ~; Parks L_.._~I iF :::::::::::::::::::::::::: ................................ i,' .................. {; :iLT: : E:] i .................... J i ......................... J{ o,~, ~ .... ir '~F"'~7~-~'~b-si:::::::::::::::::::::::][ ............................ ]{ ........... ,, .................... ~.... .................. , ................. I[ ................... :"_'_--_-.]{ I ..................... _iL ............................. J .................................. : ......................... OHMP Amend: [.~ CC, Emailed: { ............. ] I. ............ I Expi.ry ACMP: _- [PR) Individual Project Review (consistency review) _.. IPRA) No Consistency Review, amends permit issued under IP ._. CC) Categorically Consistent _- GC) General Concurrence _. NA) Not Applicable (none of the above) Activity Type [: ................... ., ............... _[ ................ .._BS) Bank Stabilization/River Training __BR) Bed/Bank Restoration .__BI) Bridge Install/Maint/Removai ._BL) Boat Launch _..Cl) Culvert lnstall/Maint/Removal __.DF) Dock/Floating ._.DG) Dredging __DI) Dam/Impoundment __DP) Dock/Pile ._DR) Debris Removal _..DV) Dlversion/Realigment .._ES) Explosives/Seismic _.FE) Fish/Wildlife Management .__FM) Fisheries Management ~I-IA) Hazing __LU) Land Use ._ME) Material Extraction __OF) Outfall Stru~ure ._.OS) Oii Spill Training/Response .._OT) Other __PC) Placer/Commercial __PR) Placer/Recreational __UL) Ut:IIi~ Line _..VF) Veh[cte/Equip Ford JB) Wa {kway/Boa rdwalk/Staim _..WE) Waikway/ELP/Stairs ~WW) Water w{thdrawl/[ntakeStructure ~' Recm - Comments Only 1' Final Action _ PA) Rec Approval __ D) Denied _ RD) Rec Denial __ I) Issued ~. GC) General Comments _.. NR) Not Req'd _.- NR) Not Reviewed _..WD} Withdrawn by applicant _._WD) Withdrawn/closed ._O) Other Authorities (Auth) OHMP __ 840) Fish Passage _._ 870) Anad. Water __ 890) Emergency FP _.O4O) KPB - HP _._ 070) Allowable _ 080) C,U.P. __ 090) Prior Existing __ 040) Tax Credit Document Name: A PUBSCT000280MAY17050505 1, 2005 Public Inf. ormation ............ Pr imary Owner ............ KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611-7750 ......... General In format i on ......... Tax Code Area 30 KENAI Last Inspected' 00/00 BASEMAP' KR06 Trans f erred 06/94 Bk/Pg Doc No Structures Parce104901022 6 TakeMeAway Legal Description ........ T05N RllW S03 KN SW1/4 NWl/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4 Appr/Book 049 Acres Bit Area Sq. Feet 320.00 Roll MAIN MAIN MAIN MAIN Certified Appraisal Values-- Year 2004 2003 2002 2001 Land Improvement Spec Feat 80,000 80,000 80,000 80,000 Parcel has no notes. Appraisal 80,000 80,000 80,000 80,000 Taxabl Date: 5/18/2005 Time' i 4:11:43 PM Multi-Agency Permit Application RECEI ED C E N T E R NOTE'. YOU MIGHT BE CONTACTED BY AN AGENCY REQ~ST~G FURTHER INFORMATION ON YOUR APPLICATION. Applicant In£onnation: Parcel Information: .-.~_ , ~,, , )f~~. ...... . ~/. Fax & E-mail: C.U~hoa~: gq~ - .~ Please complete the followimz: . 1) The project is located within the city limits of: Soldotua F1 KcnaiJ~... Neither 2) This project is located within Moose Range Meadows Subdivision, within the KNWR? River Mile :/b///~'Right-t~l-or-L-e/t4~]'-bank? (Looking down-stream) YesEl If yes, is flae project within one or b~th off - the variable non-development easement? Yes F1 No ~ Not SureFi "' - the 25-foot public use easement? Yes r3 No ~ Not SareE] 3) Tlze project is located within 50-feet of the ordinary high water (O~ or mean high water (MHW) of an anadromous stream? .~Yes [3 . No 4) Does any portion of the project cantilever or extend over the OHW or MHW of the stream* Yes F1 No~L Not sure where OHW or MI~ line is 5) Does any portion of the project extend belo~w the OHW or MHW line of the stream? Yes~ No [2. Not sure where OHW or MHW line is r-I 6) Does this project replace a prior existing structure? Y~s F1 No 7) Will material be extracted or dredged from the floodplain or river bed? Yes E] No.~ If yes, what typo? 8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river? Yes, temporarily 12 How long? Y6s, permanenfl, y F1 If yes, what type of material is it? ~///~ ) /r~~ Where in the stream will the material be deposited? . tJ~ ~k 9a) kist all motorized equipment to bc used on fltis project: ..P M Ir~ ~ -, KRC: PAGE 1 w I Multi-Agency Permit Application ~~ Page 2 9d) Length of fi~ mtor~ed equip~m ~ be reed above OI~? ..... .,i~, a ~ ,~I,..~ ~, ~~~ 11) Sm'face area in acres of wetlands or off, er waters filled: _ 13) Addresses of Adjoining Property Owners, Lessees, etc., whose property adjoins fl~e waterbody (If more than can be enter ed here, pleas e atta ch a supplemental list).. I4) Waterbody Characteristics: Width of strea~a:__~_~ Depth of slx'cam or lake: _ . Type of stream or lake bottom: ~ ~ ~ ~ I ~PSffeam Gradient ~ __(e.g., sand, gravel, mud) 15) Hyckaulic Evaluation: 1. Will a structure (e.g., culvert, bridge support, dike) be placed below ordinary high water of the stream? Yes ~ No_..___ If yes, attach engineering drawings or a field sketch, as described in the Site Plan Instructions & Checklist. For culverts, attach stream discharge data for a mean annual flood (Q=2.3), if available. Describe potential for channel changes or increased bank erosion, if applicable: 2. Will more than 25,000 cubic yards of material be removed? Yes ____. No__~ If yes, attach a written hydraulic evaluation including, at a minimum, the following: potential for channel changes, assessment q~creased ' ' ' potential, assessment of potential for increased bank erosion. ~' APPLICANT DATE I III IIi _ iiiii i . ii ii iiii ii _. IIII IIIIII .. Ii _ STATEMENT OF AUTHORIZATION I hereby authorize, . to act in my behalf as my agent ia the processing of this application and to ftu~sh, upon request, information in support of this permit application. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I fimlxer certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF AGENT DATE 18 U.$.C. Section 100I provides that: Whoever, in any manner within the jurisdiction of any department or agency office United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document lmowing same to contain any false, fictitious or frauduIent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.. ii . ii . I I iii I . I i ii .__ II KKC: PAGE 2 02/25/05 Coastal Project Questionnaire and Certification Statement Please answer all questions..If~,ou answer "Yes" to any o.f the que.s.tions, vlease, call t!mt specific dope. r.t. ment for further i.nstruetigns to ax:.0id delay, in pr0c.essine you.r.aoplication. Maps and p]m). drawings must be included with __ your packet An in. con.leto pa. cket will be returned. APPLICANT INFORMATION No'ne of Applicant City/Smt~ Zip Code Da~ima Phone Agent (m' responsible party if other thma applicmat) Addre~ City/State State Zip Code Zip Cod~ Daytime Phone Fax Number E-mail Address Fax Number E-mail Ad&ass · PROJ]ECT INFORMATION Yes I. This activity is a'~ew project r3 modification or addition to an existing project If this is a modification, do you currently have any State, federal or local approvals for this activity?. ......................................................................................................................... Note: ~lpproval re. eons aT~.yform of authorization.. If "yes," please list below: Approval Type Approval # Issumoe Date Expiration Date 2. If this is a modification, has tlfis project reviewed for consistency with Alaska.Coastal Management7. lh'evious 8tote I.D. Number: AK Previous Project Name: .' 1 PROJECT DESCRII~TION. · associated facilities and land use conversions, 1 Provide a brie~f desm'iption ofyou~: entire project' and ALL D?__ '__.- _ Pu No ?roposed stm~ing date fOrproject: etf~rlcu VlO c.,~_._ Proposed ending date fo,' project: I'~ -! 2. Attach the following: * a ~.etailed project descr.{ption, all associated ~faeilJties, and land use conversions, etc. (Be specific, including access roads, caretaker facilities, waste disposal sites, etc.); · a project timeline for completion of all major activities; · a site plan depicting project boundm'y with ali proposed actions; · off, er st_Ep~ documentation to facilitate project review. Note' If the project ~s a modification, i.dentify existing facilities and proposed chm.~ges on the site plan. Revised 3/18/04 Page 1 d' · PRO/ECT LOCATION 1' Attach a copy of the topographical and vicinity map clearly indicating fl~e location of the project. Please include a map title and scale. 2. The project'is located in which region (see attached map): Gl Northern .E~Southc~ntral F1 Southeast !-3 Southwest 12 within or associated with the Trans-Alaska Pipeline corridor . / USGS Quad Map .. 4. Is the project located in a coastal district? Yes lEI, No I-3 Ify~s, identify: ...... (Coastal districts are a municipatiO~ or borough, home rule artiest class city, second cla~s with planning, or coastal resource service a~ea.) Note: coastal district'is a parlicipant h~ the State's consistency r~view process. It is possibl~ for the Stat~ revi~ to be adjusted to accommodate a local permitth~gpublic h~aring. Earty h~t~raation with the district is #nportant. 5. Identify the communities closest to your project location: · If-t°_alL& · . The project is on: 1D State land or water* [3 Federal land [2 Private Im~d ~Municipal land [2 Mental Health Trust lmxd *State land can be uplands, tidelands, or submerged lands to 3 miles off~hore. $~ Question #J in DNR s~ction. Contact the applicable landowner(s) to obtain necessm3, authorizations. ~ DEP~TMENT OF ENVIRONNIENTAL CONSERVATION (DEC) APPROVALS Yes 1. Will a discharge ofwastewater from industrial or commercial operations occur? .................................. Will the discharge be cormected to 'an approved sewer system7 ............................................................. [21 Will tho project include a stormwater collection/discharge system? ....................................................... 12 2. Do you intend to construct, install, modify, or use any part of a Wastewater (sewage or g~ywater) disposal system? .............................................................................................................. [ZI a) Iftl~e answer is yes, will the discharge be 500 gallons per day or greater? ....................................... F1 b) If c, on~tructing a domestic wastewater treatment or disposal system, will tho system be located within fill material requiring a COE permit? ................. ' ................................. 3~ If you answered yes to a) or b), answer the following: 1) What is tine distance fi-om the bottom ortho system to the top of the subsurface water table? 2) How fax' is------'-~ny part of the Wastowat"--~l' disposal s--~tem from the nearest surface water? 3) Is the sm'rounding area inundated with water at any time of the year7 ............................................. IZI 4) How big is the fill m-ea to be used for the absorption system?_ (Questions I & 2 ~.~ill be used by DEC to determine ~,hether separation distances are being met; Questions 3'& 4 relate to the required size of th~ fill if wetlands w'~ h~voh,ed.) Will your project require a mixh~g zone? .............................. ' ..... ' ........................................................ E! (If your wastml,ater disclmrge ~.~,ill exceed/llaska water q~tct#.Iy slandard$, yo~t may apply for a mfzh~g zone. If sa, please contact DEC to disc~t.~$ #~formation required under J8 A/IC 70. 032.) ' NO Revised 311 Page 2 . ' Yes a) Will your project result in construction, operation, or closur~ of a fa.oilib, for solid waste disposal? ....................................................................................................................... El (Note: ~olid u,asle means drilling u,as~.es, hom. ehold garbage, refitse, ~ludge, constrtwtion or demolition ~..astes, #'Mus,'ial solid ~,aste. asbestos, and other discarded, abandoned, or unwanted solid or semi-solid material, whether at' ~ot s~tbjecl to decomposition, o/.iginatfl~g, fi'om any ,~mtrce. Disposal means placemenl of .~'olid u,asle on land..) b) Will your project result in the ~rea~ment of solid waste at fl~e site? ................................................. El (Ea'amples qf lreatment method, v fl~cIude, but are not lflniled Io: #w#~eraliono open bm'ning, baling and compo~ting.) c) Will your project result in storage or tr,-msfer of solid waste at floe site? ......................................... El d) Will the project result in storage of more than 50 tons of materials for reuse, recycling, or resource recover3,? ...................................................................................................................... 1--I e) Will any sewage solids or biosolids be disposed of or land-applied to the site? ............................. F-i ($emage ~olid,~' include wastes that hm,e been r~mm,ed from a wastewater treatment plant .~ystem. sucl~ as a septic tank, lagoon dredge, or u,astm.l,ater treat,~ent shtdge that contain no fl'ee liquids. Biosoli&' are the ~'olid, semi-solid, or liq~tid resi&tes produced &n'ing the treatment of domestic seplage #~ a treatment u,orks 3~d~ich are land applied for beneficial use.) Will your Project require .applicatiol~ of. oil, pesticides, m~d/or any off, er bro.adcast chemicals? ............................................................................................................................................ El a) Will you have a facility with hadustrial processes flint m'e designed to process no less thanfive tons per he,ir and needs air pollution controls to comply with State emission standards? ............... . ......................................................................................................... El b) Will you have stationary or trm~sp°rtable fuel burning equipment, includh~g tim-es, with a total fuel consumption capacity no less than 50 million Btu/hour? ...................................... E! e) Will you have a facility with h~cinerators having a total charging capacity of no less than 1,000 pounds per hour? . . ...... " 12 d) Will you have a facility with equipment or processes tMt m'e subject to Federal New Source Performance Standards or National Emission Standm'ds for hazardous air pollutm~ts? ...... 12 i) Will you propose exhaust stack injection? ............................................................................... I--I e) Will you have a facility with the potential to emit no less thm~ 100 tons per 3. tear of any regulated ak contaminant? .............................................................................................................. f) Will you have a facility with the potential to emit no less than 10 tons per yom' of any hazardous air contaminant or 25 tons per year of all hazardous ak contamh~ants? ......................... I-t g) Will you conslxuct or add stationary or transportable fuel burning equipment of no less. tl~an 10 million Btu/hour in the City of Unalaska or the. City of St. Paul? ...................................... 1'3 h) Will you construct or modify in the Port of Anchorage a volatile liquid storage tank with a volume no less thm~ 9,000 bah'els, ora volatile liquid loadh~g rack with a design throughput no less thm~ 15 million gallons? .............................................. · ............................... IZi i) Will you be requesting operational or physical limits desigued to reduce emissions fi'om an existing facility in an air quality nonattainment area to offset an emission increase fi'om another new of modified facility? ........................................................................................... El. 7. Will you plan to develop, construct, install, or alter a public water system? ............................................ 1D . a) Will your project involve flue operation of waterborne tank vessels or oil barges thai can'y crude or non-crude oil as bulk em'go, or fl~e transfer of oil or other petroleum products to or fi-om sucl~ a vessel or a. pipeline system? ................................................ t'-1 b) Will your project.require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater thm~ 5,000 barrels of crude oil or greater than 10,0130 bah'els of non-crude oil? ............................................................................. El · e) W/l] you operate facilities 'on land or water for tl~e exploration or production of hydrocarbons? ............................................................................................................................ 12 Revised 3118104 Page 3 No I-! E] r-i If you answered "No" to ALL questions in this section, continue to next section. If you answered "Yes" to ANY of these questions, contact/he DEC office nearest you for information and application forms. Please be advised that all new DEC permits and approvals require a 30-day public notice period. DEC Pesticide permits tak~ effect no sooner than 40 days after the permit is issued. Based on your discussion with DEC, please complete tho following: Types ofproje-~ approvals or p~rmits n~d m~d name of individual you ~ontaeterl. Date application submitted Yes No 9. Does your project qualify for a general permit for wastewater or solid waste? ....................................... Note:/t general permit is an approval issued by DEC for c. ertain O~pes of rout/ne activities. If you answered ".Yes" to any questions in this section and are not applying for DEC permits, indi~te reason- El . . (DEC contact) told me on .... __ that no DEC approvals are required -~n this project because . . ................. · - · I-I Other: 1 DEPART~NT OF FISH AND GAME (DFG) APPROVALS Yes 1. Is your project located in a designated' State Game Refuge, Critical Habitat Area or Stato Game Sm~ctuary? .................................................................................................................... [5I 2. Does your project include eonstruetion/operation of a salmon hatchery? .; ............................................. 3. Does your project affect, or is it related to, a previously permitted salmon hatchery? ............................ FI' · 4. Does your projoct include con,ruction of an aquatic fanu? ................................................................... 121 H you answered "No" to ALL questions in this section, continue to next section. If you answered "Yes" to ANY question~ under 1-4, contact the ADI*&G Commei'eial ~isheries Division headquarters for information and application forms Based on your discussion with ADF&G, please complete the following: Types of project approvals or permits needed and name of individua! you contact~ Date application submitted · No If you answered "Yes" to any questions in this section and are not applying for ADF&G permits, indicate reason: [2] _ (ADF&G contact)-" told me on ~quired on this project because ..... that no ADI~&G approvals are .. Revissd 3/I8/04 Page 4 DEPARTMENT OF NATIfftAL 1[ESOURCES (DNR) APPROVALS I. Is the proposed project on State-owned land or wa/er or will you need to cross State-owned lmud for access? ("Access" includes temporal7 access for cons~uction puq)os~. Note: the ~tat~ roms' ahno,~t all land betou, ti~e ordinary high water line qf nm,iga~le str~am~', rib,em and la,'es, and beirut, the mean higl, tide line semvard for th~'ee miles.) ......................................................................................................... a) l.s this project for a commercial activiB~? .......................................................................................... 2. Is the project on Alaska Mental Health Trust lm~d (AMHT) or will you need to cross AMHT land? Note: dk~ska Mental Health '~'~.~st land i.r not considered Slate land for the pzopose of 2CMP 3. Do you plan to dredge or otherwise excavateh'emove materials on State-owned land? .......................... Location of dredging site if different than the project site: us~ Quad M~ Township~ Kresge S~cfion .- Meridim~~~ 4. Do you plan to place fill or dredged material on State-owned land? ....................................................... Location of fill disposal site if off, er than the project site: Townfl~ip~ Rm~ge ~ Section~ Meridim~ , USGS Quad Source is on: ~ State Land ~ Federal Lm~d ~ Private Lm~d ~-Munidpal Lm~d . 5. Do you plan to use rely of the following State-owned resources: ............. ~ Timber: Will you be harvesting ~imber~ Amount: ~ Materials such as fcc& sand or gravel, pea6 soil, overburden, etc.'. ............................................... ~ich matra'iai7 Amount: Location of sou"ce: ~ Project.Site ~ Off, er, describe' Tox~fl~ip~ Rmge 8ecfion~ Mefidi~~ USGS Quad Map 6. Do you plan ,o dive~, impound, withdraw, or use any ~esh water, ex~pt from an existing ~v/ ~ cunt public Water (m ~imum system daily, or ro of rain not average, catchment in gallons systemper (regardless day): of land om~ ersh ip)? ............................. If yes, will your proj.ect affect fl~e a~ailabiH~ ofwmer to anyone holding water rights to that water? 7. Do you plan to build or alm'a dam (regardless of land ownemhip)~ ................................. . ..................... 8. Do you plan to drill a geotl~ermal well (regardless of lm~d ownership)? ................................................. 9. At any one site (regardless of land ownership), do you plan any of the following? ................................ ~ Mh~e five or more acres over a yem~s thue ~ Mine 50,000 cubic yards or more of materials (roc~ sand or.~'avel, soil, pea~, ove~urd.en, etc.) over a year's timo . D I~ve a cumulative unrmlaimed minod ~ea of five or more acres If yes to any office above, contact DNR about a reelmuation plan. If you plm~ to mine less thm~ fl~e acreag~amount stated above and hm~e a cumulative um'eelaimed mined m'ea of loss than five acres, do you intend to file a volunlm~ reclmua~ion plan for approval? ..... I 0. Do you plan to explore for or extracting coal? .......................................................... ' .............................. 1 ]. a) Will you eXPlo~ for or produch~g oil and/or gas~ .............................................................................. b) Will you conduct surface use activities on an oil and/or gas Ieee or wifl~in an oil and/or gas unit? 12. Will you investigate, remove, or impact historical or m'ohaeologioal or paleontological resources (anything ovot 50 years old) on State-owned land? ................................................................ 1--I Revised 3/181D4 Page 5 No · 13. Is ~he proposed project.located within a Imowaa geophysical hazard area? ............................................. F1 Note: 6 ~lAC 80.900(9) defines g~oph)~sical hazard areas as "those areas ~hich present ct threat to life or p/'operO~ fi.om geopi!ysical or geological hazards, inchtdingflooding, tsunami run-up, storm surge nm-up, landslides, snm.~,~lid~, fault.~, ice ha,~ards, erosion, and littoral beach process." "known geophysical hazard area" maan~ any area ldent~ied in a report or map published ~. aJ~deral, state, or local agency, or lo., a geological or engineer#~g conszdtingflrnt, or generally known by local knowledge, as hm,h~g knou,n or potential hazards fi'om geologic, aeismico or h. vdrologicproc~sae& No t4. Is the proposed project located in a unit of the Alaska State Park System? ............................................ 15. Will you work in, remove water or material fi'om, or placing anything in, a stream, river o1' lake? (This includes work or activities below fl~e ordinary lfigh water mm'k or on ice, in the active flood plah~, on islands, in or on fl~e face office banks, or, for strean~ entering or flowing through tidelmads, above the level of mean lower Iow fide.) Note: If the proflosedproject i~ located u~ithin a sp~cial flood hazard area, a floadplain developm~ntpermit may be reqztired Contact th~ affected city ar borough planning depart2nent far additi, onal infonnatipn and a floodplain determination.} ................. Name of waterbody: gO ~ L,4,:.~,,~k.C..~ El I6. Will you 'do any of the following: ........................................................................................................... El Please indicate below: IZl Build a dam, fiver trainh~g structure, other instu'emn impoundment, or weir ;~LIJse water ,J~Pump water into or out of strealu or lake (including dry chmmels) IZI Divert or alter the natural sta'eam channel IZI Change water flow or the stream chmanel [Z1 Jaatl'oduce silt, gravel, rock, petroleum 'products, debris, brash, trees, chemicals, or other organic/inorganic material, including waste of may type, into water I2 Alter, stabilize or restore banks of a river, stream or lake (provide number of linear feet affected along the bmflc(s) lZI Mine, dig in, or remove materiaI, including woody debris, from beds or banks of a waterbody r-I Build a bridge (including m~ ice bridge) [3' Use a stream, lake or waterbody as a road (even when frozen), or cross the stremn wifla tracked or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, etc.) V-i Install a culvert or other drainage structure lEI Construct, place, exeavate, dispose or remove any material below the ordhaary high water of a waterbody El Construct a storm water discharge or dra/n into a waterbody Fl Place pilings or anchors El Construct a dock El Construct a utility line crossing El Mahatain or repair an existing structure ~ Use ma instream in-water structure not IZI Use explosives ha or near a waterbody mentioned hem ~~~( If you answered "No" to ALL questions in this section, continue to next section. If you answered "Yes" to ANY questions under 1-16, contact the Area DNR, office for information and application forms.. Based on your discussion with DNR, please complete fl~,e following: Types of proj~t approva, la or pen.3.nita n..q~, ad and name of individual you contacted. Date application submitted ___ . .If you answered "Yes" to any questions in this section and are not applying for DNR permits, indicate reason' El .__ (D~ contact).told me on ......... that no DN'R approvals are required ~on this pr0'ject because. .............................. Revised 3118104 Page 6 / FEDERAL AP?ROVALS U.S. Army Corps of Engineers (COE) ......................................... : ............................................................ I.. Will you dredge or place structures or fills in any of~he following: tidal (ocean) waters9 meatus? lakes? wetlands*? ................................................................................... ~ Ifyes, have you applied fora COE permit? ...................................................................................... ~ Date of submit, al: Name of COE contact: (Not~: Your appli~ation for this aotiviO, to lhe COE also ~erve~ a~ appli~ation ~r DEC Water Quality CertffieationO *IJ)~ou are not certain ~,hether yozw propoxed project is in a wetlands (}Petlands inchtde muxkegs), contact the COK Re~lamo, Branch at (907) 753.2720fora ~,etland; determination (outside the An&orage area call tolt fi.ee J~0~478-2 7]2). Bureau of Land Management ~L~ 2. Is the proposed project located on BLM lined, or will you need to cross BLM land for access? ............. D If yes, have you applied fora BLM permit or approval? .................................................................. D Date of submit~l: Name of BLM contact: U.S. Coast Guard (USCG) 3. a) Do you plan to const~'uct a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? .............................................................................................................................. .12] b) Does your project involve building an access to an island? .............................................................. 1221 c) Do you plm~ to site, construct, or operate a deepwater port? ............................................................ !--1 If yes, have you applied for a USCG permit? ............................................................................ l--I Date of submittal: Nmz~e ofUSCG C~)ntact: U.S, Environmental Protection Agency (EPA) 4. a) Will the proposed project have a discharge to any waters? .............................................................. I-I b) Willyou dispose ofsewage sludge (eontact EPA at 206-553-1941)? ............................... ' .......... 1221 If you answered yes to a) or b), have.you applied for an EPA National Pollution Discharge Elimination System (NPDES) permit? ....................................................................................... 12] Date of submittal: Name of EPA Contact: (Note: For information regarding the need for an h~DES permit, contact EP/I at 1-.800- 42~-43 72.) c) Will construction of your project expose 5 or mo]~ acres of soil? (rhi~ applies to the total amount of land disturbed, even jf dixturbance is distributed re,er more than one season, m~d also applies Io areas that are part of a larger common plaJ~ ofdewlopment or ~ale.) ................................................................................................ [-I d) Is your project an industrial facility that will have stormwater discharge directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? ............ 1-1 If you m~swered yes to c) or d), your project may require an NPDES Stormwater permit. Contact EPA a.t 206-553-8399. Federal Aviation Administration (FAA) 5. a) Is your project locat~ within five miles of m~y public airpm~? ........................................................ l~- b) Will you have a waste disel~arge that is likely to decay within 5,000 feet of mn3, public airport? ..... 121 If yes, please contact the Airpm~-s DMsion of the FAA at.' 907-271-543 8. Federal Energy RegulateD' Commission (FERC) 6. a) Does the project include m~3' of the following: 1) a non-federal hydroelectric project on any navigable body of water. ......................................... 2) a location on federal land (including transmission lines) ........................................................... 121 3) utilization of surplus water fi'om any federal government dam .................................................. 1--1 b) Does the projeot include construction and operation, or abandonment of.natural gas pipeline facilities under sections (b) and (c) of the Federal ?ewer Act (FPA)? ............................................. El Revised 3/18/04 Page 7 No .., ! c) Yes Does the project include construction for pI~ysical interconnection of electric transmission' facilities under section 202 (b) of the FPA? ..................................................................................... E1 If you maswered yes to may questions under number 6, did you apply for a permit from FERC? ....................................................................................................................................... lEI Date of submittal: Name of FERC Contact: ' (Note: For i~formation, Dh,. t-h.~dropower-Em,ironment and Engineering contact: Yince Yearek 202-502-6174 or Mike Henry 503-944-6762, 202-502-8700; (for Natural Gas.Project~) Division of Pipdine Certificate 202-502-8625; for./llaska proj~-cts contact Richard Foley- 202-502-8955} U.S. Forest Service (USFS) 7. a) Does tiao proposed project involve construction on USFS land? ..............· .............................. [El b) Does the proposed project involve the crossing of USFS land with a water line? ............................ lEI If the answer to either question is yes, did you apply for a USFS pe~xnit or approval? .............. 1-3 Date of submittal: ' Name of USFS Contact: , Have you applied for any other federal permits or authorizations? ......................................................... lEI AaENCY APPROVAL TY~E DATE SUB~ No Please be advised that the CPQ identifies permits subject to a consistency review. You may need additional permits from other agencies or the affected city and/or borough government to proceed with your activity. Certification Statement The haformation contained hereha is '[rue mad complete to the best of my lmowledge. I certify flaat the proposed activity complies witl~, and will be conducted in a manner consistent with, the Alaska Coastal Management Si~ature of Applicant or Agent Date' · AAcNOte: Fcc/oral agencies conducting ~ actiVity, that will affect fl~e ¢0asi~i'"'z0ne arc re'quired to subr~t a £~lerai consistency determination, per 15 CFI{ 930, Subpm~ C, rather than tiffs certification statement MP has developed a t~.u!de to as, sistfederal a~encies wit!a this ~7,,e.,qukement. contact ACMp_..to,,o,,btaha a co,,py. This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. I To complete your packet, please attach your Sta(e permit applications and copies of your fexleral permit applications to this questionnaire. Revised 3/18/04 Page 8 I I 11 i!i I M I II I i:" Gamble, Jade From: Litchfield, Ginny [GLitchfield@borough.kenai.ak. us] Sent: Tuesday, May 17, 2005 7:43 AM To: Jade Gamble (E-mail) (E-mail) Cc: McKinley, Lee Subject: FW: Emailing: ModelDetail Jade, This will be an amendment to KRC#5532. Thanks. Kenai River water extraction. .... Original Message ..... From= IVloore's Landscaping [mailto:mooreslandscaping@kenai.net] Sent= Monday, Hay _1_6, 2005 :t'39 PH To.' g[nny_litchfield@dnr, st3te.a k.us Subject.' Emaillng' FlodelDetail Ginny, Here Is the specifications for the pump used. Shortcut to: h._~p://www, honda_poWereq u~Pment.c°m~°delDetail'asp ?ModelName~wx'l 0 1/8" mesh screen, I month usage, 300 gallons/day Tom 5/17/2005 ;. '..,. · k AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 1, ~.005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httv://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 COMMENTS (10 minutes) 1. Aurora Borealis Students -- International Robotics Competition _ /9~/'. /~ ~ ~'c 2. Frontier Community Services -- James Duff ~~~'~~E~'M~'.'/~'~' UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCH~ ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS ITEM F: o Amended Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. Ordinance 1~o. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle, and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. ~ 3. Resolution No. 2005-16 -- Expressing Support for KPB Ordinance /the2 005 Kenai Peninsula Borough Comprehensive Plan. {Postponed from May 18, 2005 meeting.) Resolution No. 2005-24 -- Fimng the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. Resolution No. 2005-25 -- Transferring $7,500 In the General Fund for Repair of the ~ Building. Resolution No. 2005-26 -- Awarding the Bid to Denny's Construction, Inc. for Concrete Repairs - 2005 for the Total Amount of $22,520. ITEM G: MINUT~ ITEM H: OLD BUSINESS ~'?~~.l.~,,.._Discussion/Approval-- Display of Boat K-6 at Kenai Landing. Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Discussion -- Proposed City of Kenai Mini-Grant (postponed from May 18, 2005 meeting). Discussion/Approval -- SOAR International Ministries, Inc.-- Lot 3, ,~~~~ .~~,.~,~~ Block 1, General Aviation Apron: 1) Amendment to Lease Changing the ~.~~~.~~., Use,; and 2)Request to Sublease to Air Supply Alaska, Inc. 5.~Dtse~ssioll -- Conoco / Phillips'. Multi-Purpose Facility Naming Proposal. ITEM J.,:., COMMISSION/COMMITTEE RRPORT~ . 2. 3. 4. 5. 6. 7. 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 c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS . City Manager Attorney City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURKMENT 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~ M MO: FROM: Marilyn Kebschull, Planning Administrator. DATE' June 2, 2005 SUBJECT' Administration Report The following information is provided as clarification for issues discussed at your last meeting: Regarding Conditional Use Permits. Permits are processed reflecting uses listed in the Land Use Table. In addition, the specifics from the application are also noted. Applications are processed and approved according to the Land Use Table and the information contained in the application. Any additional requirements made by the Commission are reflected in the resolution. This information is used for future clarification (if needed) as to what is allowed by the permit. Commission Barrett asked if it was possible to limit a Conditional Use Permit to a limited period of time. Kenai Municipal Code 14.20.150 allows the Commission to place specific conditions on a permit: (b)(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, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The Commission may decide to issue a temporary permit and review it in a period of time prior to issuing the permanent permit. When issuing Memo to P&Z 6.1 Admin Report.doc Page 2 a permit, the Commission should keep in mind that conditional uses run with the land and unless they cease for a period of time or are revoked, they continue. Commissioner Eldridge asked for the notes from the Airport Meeting on May 12th. There are no formal minutes taken during these work sessions. The Commission was provided a copy of the agenda for the meeting and packet information. If the Commission has a specific question about the meeting, let me know and I will attempt to provide an answer. o o ~,~-. o , o o N =~' 0 =~,-. 0 o~ N June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, '. . June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. incerely, .~e~) June 6, 2005 Kenai City Mayor Kenai City Council Members Pl.anning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely~ ~ June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Si, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres.Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo AVe Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support off and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation 'to Limited Commercial. Sincerely, .June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members CitY of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of La.v~ton Acres from ~onservatior~ to Limited Commercial. June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of :~Rp~n Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerel · June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from afion to Limited Commercial. Sincerely,!,~/~,~ June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, .June 6, 2005 Kenai City Mayor Kenai City Council Members Planning and Zoning Members City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611' Dear Kenai City Mayor, Council, and Planning and Zoning Members, Subject: Lawton Acres Rezone This memo is to notify the Council that I am in support of, and encourage the rezone of Lawton Acres from Conservation to Limited Commercial. Sincerely, -'-'"" ~ n'~ . 'm C) u... 0 ~ ~ 'c'-' ~,,~-~ I-- 0 c- 0 co co '% ~_ = i c'- CT) '- ~ o · o c~E~ ~ ~ ~0~ __9_o ~_~=~E June 7, 2005 Dear Kenai Zoning Board, This letter is in opposition to the proposed sale of Lawton Acres for commercial development. I am a home owner just little ways East, and across the street from the property, at 406 Lawton Drive. The recent city ordinance that allows for this to occur was very much fast tracked in my opinion, and was passed before I was even aware of it. In fact this whole proposal seems a little fishy in my opinion, as I can't see where this ordinance would have much bearing outside of the Lawton Acres property. The rapidness at which this property is being made available is mind boggling. But, this letter is not about the ordinance. My reasons for opposing the sale of Lawton Acres are as follows' 1.) As a selfish property owner, I prefer the trees and field as a buffer between myself an~ the city. Our family picks up the trash on this stretch of Lawton Drive and keeps the mailboxes free of snow. We use the field for flying kites and model airplanes. Although th~ property being considered is farther West, it would just be a matter of time before commercial sprawl is across the street from my house. 2.) The highway section beginning at the high school, along with the "All American City" sign, down to the intersection of Walker/Airport Way makes a grand entrance to our fare ¢ something to be spoiled by removing the trees. 3.) Kenai is already an embarrassing state of empty retail space. The recently built strip rr by Safeway sits 1/:3 empty, along with empty space in the building housing F/'ontier Therapy, and the one near Radio shack that has the flower shop. Add to that the pock marks of empty real estate that litter the city, do we really need more to add to the collection? As far as vacant property, there's a large parcel behind Kings Hotel that has been for sale forever (of course is would be more marketable if the city had planned for water and sewer a little better). There's also a nice parcel next to the now vacant Katmai Hotel, presumably owned by the city. 4.) With Agrium shutting down at the end of the year, many of the 280 high paying jobs will be going away. Add to that the seasonal construction jobs that support the plant, and the ConocoPhillips plant shutting down in a couple years with it's 80 or so jobs. Now any economist will tell you that for every one of those iobs, three retail and service sector jobs will go with it. It suffices to say that some 1000 6r so jobs will be lost locally. How many of those will be in Kenai its hard to say. 5.) There's no doubt that having a business location at Lawton acres would be ideal, considering its proximity to Home Depot. I have to believe, there are a lot of people who venture to Home Depot, and possibly Safeway, that seldom if ever venture much further West to shop. Lets just say that a nice strip mall goes in. The city has no control over the the businesses that put up shop. In goes a TV/^ppliance store, a used book store, and other competing businesses with long established ones in "downtown". 6.) The so called Comprehensive Plan /Long Term Plan seems to be in a state of flux. Verbiage in legal documents and public employee comments like "may meet the needs" and "we are all learning and changing as we go" sounds like things are not very well thou! out with respect to the current long term plans for the city. 7.) What is going to happen to my home property value if development occurs and who is going to make up the difference if a real estate expert determines there is an adverse effect? TBD. Thanks for your time, Regards, Mike Beck