HomeMy WebLinkAbout2005-03-09 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 9, 2005- 7:00 p.m.
le
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-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. *February 23, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
e
NEW BUSINESS:
a. Tracts 5 & 6, Shore Fishery Plat No. 71 Lease Renewal (Randy Canady) - Review and
recommendation.
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. State Legislature Kenai-Kodiak Caucus (Floodplain Science & Strategies Conference)
b. Kodiak Island Fiber Link - Submarine Cable Route/Kodiak Cable Co.
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
le
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 23, 2005 - 7:00 p.m.
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. *February 9, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
Se
PUBLIC HEARINGS:
a. PZ05-10 - An application to rezone the area known as that portion of the E 1/2 Lying
Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision
and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding
Evergreen Sub Kim Addn. (13072 Kenai Spur Highway), from rural residential to
recreation. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210
Fidalgo Avenue, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS'
a. "Zoning Bulletin"- January 25, 2005
b. Letter, to Chairman Hammelman dated 2/15/05
c. Memo from Jack LaShot- Access through City property
13. COMMISSION COMMENTS & QUESTIONS'
14. ADJOURNMENT'
CITY OF KENAI
PLANNING/~ ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 23, 200~ - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chair Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows'
Commissioners Present:
Commissioners Absent:
Staff Present'
Phil Bryson, Jeff Twait, Nelson Amen, Jay Barrett, and
John Hammelman
Barry Eldridge and Carl Glick
City Clerk Freas, Public Works Manager Jack La Shot,
Parks & Recreation Director Bob Frates, and Council
Member Rick Ross
A quorum was present.
1-bo
Agenda Approval
MOTION:
Commissioner Bryson MOVED for approval of the agenda with the changes consisting
of:
· Substituting 5-a Staff Report and Resolution No.PZ05-10
· Proposed site plan
and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the
motion. There were no objections. SO ORDERED.
1 'C.
Consent Agenda
MOTION-
Commissioner Amen MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- February 9, 2005
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS-- None.
ITEM 5'
PUBLIC HEARINGS
PZ05-10 - An application to rezone the area known as that portion of the
E 1/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and
North of Evergreen Tract A resubdivision and South of Jettison Junction
Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim
Addn. (13072 Kenai Spur Highway), from rural residential to recreation.
Application submitted by Linda L. Snow, City Manager, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska.
Public Works Manager La Shot indicated there was nothing to add to the staff report,
however Parks & Recreation Director Frates was in attendance to answer questions.
The public hearing was opened'
Kristine Schmidt, Kenai -- Stated she was not opposed to the rezone but was
concerned with the speed at which it v~as going through. Schmidt stated, apparently
fifteen days ago an application was filed and two weeks later it was placed on the
agenda for approval. She had been led to believe, from attending various city council
meetings, rezones take longer than two weeks and she did not see any public notice,
except one ad in Monday's paper. She added, she thought some kind of notice was to
be sent to the people living around the properties where rezones are happening.
Schmidt added, there are several future projects she expects will be very controversial
and she hopes more than a two-week notice will be given for the application for a
rezone. She continued, she did not think that would be enough time to really find out
about the information. Schmidt also stated she felt the meeting packet is not timely
made available to people and when a complicated issue comes forward, it gives people
only a one-day notice. She added, she didn't think she could have picked up her
packet more than one day ahead because of the holiday.
Schmidt requested, for a rezone, more time than just two weeks between the
application being filed and the public hearing being held should be given, especially
for some of the more controversial projects coming along. She added, she didn't really
understand the process, but is what it appeared to be from the paperwork she
received, however if she was wrong, she would stand corrected.
Ron Dukowitz -- Fourth and Evergreen, Kenai. Dukowitz stated his concern as
needing a bigger buffer zone between the back of the houses and the proposed soccer
field. Additionally, he hoped the park would be open for day use only, perhaps 8:00
a.m. to 10:00 p.m. and lock it up so there are not people using it for a party area, etc.
He added, he objected to the park being placed at the end of the street as he did not
think additional traffic was needed on Evergreen.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 2
Chair Hammelman asked Dukowitz for a better description of where his home is
situated. Dukowitz explained, he has property on Evergreen and Fourth, right on the
corner, in the Hakkinen Estates. He added, his home is within 150 feet of the
proposed ballfield.
Ben Langham~ Fourth & Evergreen -- Langham stated he was unfamiliar with the
process. He noted he received a notice in the mail of the rezone hearing. Langham
noted, he saw no plans to have any access to the ballfield from Evergreen (which was
confirmed by Parks & Recreation Director Frates). Langham stated, that was a
concern of all of the families in the area with children.
Commissioner Amen asked Langham if he was pleased there was no access from
Evergreen or preferred there be access from Evergreen. Langham stated his
preference there not be an access from Evergreen.
Sue Olson, Fourth/l~ Evergreen -- Olson explained her home was on the side of
Evergreen the park is planned to be situated. Olson stated her concern as if there will
be a buffer and how big of a buffer it would be between the housing and the park.
Also, Olson noted the information she received stated it would be a sports field and
outdoor recreation area. She asked what kind of activities the outdoor recreation
would involve. Olson also asked, because it would be a big park and is pretty deep
from the highway with low visibility in the back area of the park. She asked if the
park is developed, would it be controlled as she was concerned with the
security/safety issue of a park.
Jerry Strait, 308 Evergreen Street, Kenai -- Strait explained his home is across the
street from the proposed park. Strait asked why the park was being proposed to be
developed in this area. He noted, he purchased his house in the residential area
because of the quiet of the area. Previously there had been problems with noise due to
Larry's Club in the area which caused a lot of problems and a bad neighborhood. In
the past few years, since the Club burned down and the Kenai Spur Motel has new
management, a lot of things had improved in the area.
Strait continued, the area is now a quieter and better neighborhood with little crime
and they are pleased with the way the neighborhood is. He added, he is aware the
City of Kenai owns a lot of other property in the city and suggested placing the park
around the Snowshoe Gun Club, where a park would not be close to residential areas.
Strait stated he would prefer the park not be developed in the Evergreen area. If it
does go forward, he added, he.is very much concerned about safety, noise, the buffer
zone, additional traffic (including foot traffic cutting through the woods). Currently,
the property is not developed, but is used by a lot of people for hiking, snow
machining, etc. and is not a forgotten property. Strait added, he uses the area for
recreating with his children. Strait added, he would be interested in knowing if a
different type of park, i.e. in-tOwn outdoor park with trails, picnic tables, etc. had been
considered instead of what is currently being proposed.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 3
Amen noted Strait's concerns about safety and security and asked if he currently
doesn't have those concerns with the wooded area, i.e. a place to hide or do something
illegal, etc. Strait answered, currently very few people enter the area; there are people
who use it for walking on a rough trail there now; it's a very open wood which can be
seen through approximately 200 yards in most directions because the dead spruce
have been removed; and, it's a nice park-looking area currently. Strait answered, his
concern there would be more people brought into the area and is why he is concerned
about safety and crime.
Mary Daly, 108 Deepwood Court, Kenai-- Daly stated she is the Kenai Peninsula
Soccer Club Board President and a soccer coach. She stated, she believes the
rezoning process is beneficial to everybody in Kenai and in particular the people living
in the area. She noted, one of the nice things that will happen with the rezoning if
approved, would be development of a park in that neighborhood. Parks are known to
increase property values situated close to facilities that either have a picnic area,
playground, or open field where people can recreate with their children. Daly stated
she hoped the people of the area would consider this as a valuable asset.
Daly continued, she believed a nice thing about the park for the use her club wants to
use it for is that soccer can only be played May through September and is not a year-
round activity. She added, her club's level of soccer is pretty well mannered as the
parents are excited to watch the children play the games, when the teams score, etc.
She continued, these parents are not loud and rowdy, there are no tailgate parties,
mostly it will be teams practicing, and teams will play against other teams. It is not
anticipated there will be large amounts of people wandering through the
neighborhoods or using the field 24 hours a day.
Daly stated, they would eventually like to host a three-day tournament on the
Peninsula. She added, she did not think there would be a negative impact on the
neighborhood. Parking is planned to be developed for the area and the manner in
which the fields are designed, they are closer to the Kenai Spur Highway and she
hoped there would be a buffer between the neighborhood and the actual fields. She
added, they don't intend to make the area unattractive by clear cutting the trees, etc.
and would want to leave a buffer between the neighborhood and fields for it to be more
attractive. Daly added, she believed the field would be a real benefit for the families
there and the children in the neighborhood will actually have a place to go play
instead of playing in the streets of the neighborhood.
Violetta Strait, 308 Evergreen Street, Kenai -- Strait stated she has been a soccer
fan in the past and is aware of what soccer games entail. She noted, the games are
not well mannered and there is a lot of noise because fans cheer for the teams. Strait
stated, there were able to hear children yelling from Sears Elementary School which is
quite a way from her home. This is one of their main concerns.
Strait added she (and her husband) spoke with someone during the day who stated
there would be both children and adult team tournaments which will cause a different
level of noise by those who attend the games. She added, she was concerned there
PLANNING as ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 4
would use of alcohol and drugs and wandering around in their neighborhood. She
stated, they have had problems before with snow machine activity and she felt with
soccer fields, there would be an increase in bad activities. With two small children,
she is concerned.
Strait also stated, May through September is a half of year and the part of the year
when their families use the outside for play, quiet time, home schooling, etc. With the
added noise, she felt it would be impossible for having quiet time, etc. and there would
be an increase of dust coming from the fields without the trees there. Strait added,
she understood there are popUlar midnight games in Alaska and Kenai. Even if
officially the games are to be over by ten, there will be other activities, i.e. biking, four-
wheeling, etc. Additionally, they were told the development would be not just soccer
fields but also baseball fields in the near future. This will add to more tournaments,
more people, more noise.
Strait continued, they were also told there would be a campground for people who
attend the tournaments which she felt would add to the night activity. She felt, that
activity could bring campfires. However, she stated, her main concerns as noise, the
possibility of drinking, and if people want to play soccer, why not do it where people
don't mind having the activity in their area. When they bought their property, they
were looking for a quiet area. They looked at other areas where there are parks, etc.,
but they wanted this area for the quiet.
Strait requested the Commission to consider these concerns.
Commissioner Barrett asked how much of a buffer would satisfy her. Strait answered,
there are many houses between her home and Sears Elementary, but the noise from
the children playing can still be heard. She suggested her home was approximately a
mile from the school and there are trees and other houses between them. She added,
because of her husband's work, he requires adequate rest and with a lot of additional
noise in the area, they would have to move from that area.
Barrett asked if they had concerns with the private drinking establishment closer to
the homes than the soccer fields would be. Strait answered, when there are open
areas, there are no boundaries of behavior and no one controls them. If the people are
inside bars, it is the bar's problem.
Mary Daly, 108 Deepwood Court, Kenai -- Daly stated, her home is situated close to
the Kenai Middle School, and where the Boys & Girls Club play most of their games.
She noted, there are apartments and a cul-de-sac and felt she lives about as close to
the Middle School as the Evergreen residents were indicating they would be to the
proposed soccer field. She added, they don't hear the noise from the school and felt
the noise level concerns voiced would probably not be as excessive as Evergreen
residents believe it will be.
Wally Jackson, 403 Evergreen, Kenai -- Jackson stated his home is situated on the
edge of the proposed development. He asked why the fields have to be built there and
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 5
not in another area, closer to the baseball park. He suggested space available behind
the Ski Mo area. He added, he had been in support of the proposal but now was
concerned not enough information was available, i.e. what will happen to Evergreen
Street, will it be closed off, will they have a buffer, etc. Jackson stated he had read
what the Commission had read and discussed it some, but felt additional information
is needed. He added, his concern was, why build it there.
Frates asked Jackson if he was suggesting additional baseball fields. Jackson stated
there are soccer fields on the corner of Tinker Lane. He asked why now is there
interest in placing a park (off Evergreen) when the city has a lot of available land.
Also, where will the access be; if it will benefit Kenai, that would be fine; however,
there are concerns about privacy, security, etc.
There were no further public comments and the public hearing was closed.
Amen asked what would happen procedurally if no motion was offered. Hammelman
explained, a motion to postpone could be made to move it off of this agenda. However,
he was requesting a motion on the table (in a positive form) in order for the
Commission to discuss the issue. At that time, input would be requested from Frates
and some questions would probably be answered.
MOTION:
Commissioner Amen MOVED for approval of PZ05-10, the rezone from Rural
Residential to Recreation on the property described in the agenda packet.
Commissioner Twait SECONDED the motion.
Hammelman stated, the motion on the floor would not prevent the Commission from
postponing, moving forward or denying the rezone.
Commissioner Bryson stated he would abstain from the action on the issue due to his
firm's involvement with the project with the City of Kenai. Hammelman had no
objection.
Hammelman requested Parks & Recreation Director Frates to comment on the issue,
especially the concerns stated, i.e. camping, hours of operation, buffer, size of a buffer,
types of sporting programs, and a general background.
Frates noted the following:
· A buffer zone is a design issue that can be worked out during that phase
of the development. He noted, when a park is designed especially by a residential
area, those types of issues are considered during the design process. He added, the
city wants to be a good neighbor and buffer zones are critical.
· Camping is not related to this property.
· Ball fields are not related to this property. He added, the ball fields and
camping may be considered in the future, but currently, the issue is soccer fields.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 6
Drinking/drugs are management and police enforcement issues and
would be dealt with when they arise.
· Noise levels would be considered management issues as well. There are
restrictions that could be placed on the user groups through user agreement to control
the noise levels. However, a user agreement would not control individuals bringing
their children during the day to use the fields.
· Organized functions, crowds, etc. can be handled through user
agreements.
· The proposed park at the end of Evergreen is not a part of the grant
process, though it is included in the property. No funding is being sought for that
proposed park, which could be placed in the future if there is a need and wanted by
the residents of the area. He added, when the Parks & Recreation Commission
reviewed the area, they felt that area might be a good site for a neighborhood park.
Barrett asked why the Commission felt this would be a good location for the fields.
Frates answered, there has been interest in locating outdoor recreational fields in that
area since approximately 1983/86. He added, two years ago the discussion was
again reviewed and the Commission did investigate other available properties, however
they recommended this location from a cost benefit, the property is level, not many
trees, etc. Frates continued, there are a number of residential areas in that side of
town and there are no neighborhood parks in the vicinity.
Barrett asked if the four soccer fields and the parking was the only development
proposed at this time. Frates answered yes, and in terms of the grant application
process, if the second phase of the process is entered into, the four soccer fields would
. be all that would be pursued. Barrett asked how far from Evergreen Street would be
the southeast soccer located. Frates suggested approximately 400 feet. Frates noted,
200 feet would be a good buffer, along with other variables, i.e. denseness of trees, etc.
Barrett asked if the fields would be grassed. Frates confirmed they would be natural
turf and at this time, the parking lot would be gravel; the only access would be from
the highway; a safe zone will be created around the fields; if the grant is finalized and
the four soccer fields takes place, future expansion of the park might take place,
however it is not anticipated for three to four years; if the neighborhood park is
developed in the future, its parking lot would accommodate ten to twelve vehicles and
is not envisioned to be a primary access to the soccer fields; and, no wintertime use
has been planned for the area. Barrett asked if the park could be moved further away
from the residences on Evergreen and Frates stated, the fields could not be moved
further north in relation to future development of the area with perhaps baseball
fields.
Amen referred to the site plan and noted "Ballfield Subdivision" and asked the present
zoning of that area. La Shot answered Rural Residential, and added, he was not sure
when the area was given the name, but it was the old city dump. Amen asked the
reasoning for changing the zone for the property and not requesting a Rural
Residential Zone Conditional Use Permit for the development. La Shot explained the
primary reason for the rezone is the extent of the proposed new development.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 7
Frates also explained, there currently are no adult soccer leagues in the Kenai
community, however there had been discussion about it in the past and could be
organized in the future if there is local interest.
Barrett questioned the timeline for advertising the rezone and the receipt of the
application for rezone (he noted he was not able to read the time stamp on the
application included in the packet). La Shot stated he was certain the code was
followed as far as required notifications. He added, there would be another
opportunity for comment on the issue at council level.
VOTE:
Bryson
Amen
Abstain
Twait
Yes
Eldridge
Glick
Absent
Yes Barrett Yes Absent
Hammelman Yes
MOTION PASSED UNANIMOUSLY.
Hammelman noted, there will be another opportunity for public comment at the
council level. Additionally, the decisions made by the Planning &, Zoning Commission
may be appealed to the City Council acting as a Board of Adjustment. He noted,
appeals must be filed in writing to the City Clerk within 15 days of today's decision.
Hammelman thanked those present for their input and hoped the information offered
was helpful to them.
BREAK TAKEN: 7:45 P.M.
BACK TO ORDER: 7:53 P.M.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS -- None.
ITEM 8'
PENDING ITEMS-- None.
ITEM 9'
CODE ENFORCEMENT-- None.
ITEM 10' REPORTS
10-a. City Council -- Council Member Ross noted the action agenda from the
February 16, 2005 council meeting was included in the packet and he was available
for questions. Amen questioned the ordinance requiring Board of Adjustment certified
mailings. Ross explained, the ordinance was brought forward to require notices of
hearings be sent via certified mailings to applicants and appellants.
10-b.
Borough Planning -- Commissioner Bryson reviewed actions taken
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 8
during the Borough Planning Commission's February 14 meeting, including:
An update on the two-year Soldotna Bridge construction project planned
to begin in the spring.
· Renaming of a number of streets.
Approval of a right-of-way vacation on Raspberry Court.
· The denial of a conditional use permit for placing a sign on top of a
gazebo along the Kenai River.
· Approval of a petition to vacate 150'x 10' utility easement within Lot 5 of
Ruby's Dazzling View Subdivision, within the City of Kenai. Bryson noted, the
applicant will be before the Kenai Planning & Zoning Commission in the future.
10-e. Administration -- La Shot reported the following:
· A website to check the status of the Soldotna Bridge project is available
at kenairiverbridge, com.
A Corps of Engineers permit application, included in the packet as
information, has been submitted to develop access to properties south of the golf
course. La Shot noted, there are still some access issues going through city property
and the information was provided for the Commission's knowledge the permit process
is ongoing. He added, the developer had not yet submitted a plat.
Amen questioned the 26' road width on the proposed road on the backside of the golf
course and La Shot explained, the standard street width is 24 feet. Bryson added,
there are normally 12' wide paved lanes and the extra footage will provide a wider
shoulder.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
12-b.
12-c.
"Zoning Bulletin"-January 25, 2005
Letter to Chairman Hammelman dated 2 / 15 / 05
Memo from Jack La Shot- Access through City property
A brief discussion took place related to Item 12-b and the request for the commission
chairs to contact their members to learn if quorums will be available for meetings.
Bryson stated he felt it was the obligation of the members to notify staff of planned or
emergency absences before the agenda is finalized. He also suggested the members be
contacted by staff prior to a meeting to confirm a quorum will be present.
Clerk Freas confirmed the quorum problems experienced have not been from the
Planning as Zoning Commission. She emphasized the importance of the members to
contact staff to inform of absences. In that effort, the meeting may be able to be
cancelled and notification made. Freas disagreed staff should contact the members to
· .learn whether they plan to attend meetings, noting all the members were made aware
of the meeting schedule when' fhey were appointed and receive packets and agendas
prior to the meeting which also notifies them of the date and time of the meetings.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 9
Hammelman stated he probably would not be calling the members and encouraged
them to contact staff if they will be absent from meetings.
The members confirmed there would be a quorum for the March 9 meeting.
ITEM 13:
COMMISSION COMMENTS/~ ~)UESTIONS
Amen -- Noted the following:
An article included in the January Zoning Bulletin which he felt
reaffirmed the Commission's recent action on a conditional use permit for an RV Park
on Kalifornsky Beach Road. He read, "The court determined the protection of general
public health, safety, and welfare was a valid basis to deny a conditional use permit."
· Agreed the members should be responsible in notifying staff of planned
absences from meetings.
He will be absent from the March 23 Commission meeting.
Barrett -- No comments.
Twait-- No comments.
Bryson -- Reported he believed he would be absent from the March 23 meeting
as well and will confirm and report back to staff.
Hammelman -- · Indicated, as a meeting form, he will be requesting motions
to be made at the close of public hearings, stated in a positive form, in order to put the
issue on the table for discussion.
· He will be absent from the March 23 meeting. A brief discussion followed
in which it was confirmed Amen, Eldridge, Hammelman and Bryson would be absent
from the March 23 meeting.
ITEM 14:
ADJOURNMENT
The meeting adjourned at approximately 8' 14 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 23, 2005
PAGE 10
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX' 907-283-3014
www.ci.kenai.ak.us
Memorandum
Date:
To.'
From;
RE
February 28, 2005
Kenai Harbor Commission
Kenai Planning and Zoning Commission
Kim Howard, Assistant to the City Manager
Tracts 5 & 6, Shore Fishery Plat No. 71
Randy Canady is the lessee for Tracts 5 & 6, Shore Fishery Plat No. 71. The lease will expire on June
30, 2005. Covenant 42 of the lease includes a "preference right to re-lease those lands previously leased
by him if all other sections of the Kenai Municipal Code are complied with. Re-leasing will not
necessarily be under the same terms and conditions of the prior lease." Mr. Canady has informed the
City that he would like to renew his lease under this clause.
One of the duties of the Harbor Commission as outlined in KMC 11.10.010 (5) is to review leases of
City-owned tide, submerged, and lands or navigable waters within the City and make recormnendations
to the City Council.
KMC 11.20.140 states, "No leased land may be changed in use, nor may any renewal lease be issued
until the proposed use or renewal has been reviewed by the Planning Commission and approved by the
Council."
Historically, shore fishery leases have been renewed on the basis that the lessees had fished the sites for
many years. As in the past, the proposed term of the lease would be for ten years. Annual rent shall be
$300 for each tract, however, the City may amend the annual rent equal to that charged by the State of
Alaska, if that amount should change during the term of the lease. The State of Alaska doesn't expect to
increase their rents in the near furore.
Attached are maps of our shore fishery leases .and a spreadsheet identifying the lessees, the legal
descriptions and the expiration dates.
Please review the attached and make a recommendation regarding Mr. Canady's lease renewal for the
Council's consideration for their meeting of March 16th.
Attachments
Cc:
Randy Canady
Lessee Legal Expiration
Canady, Randale
Canady, Randale
Campbell, Boyd
Campbell, Boyd
Johnson, Keith
Johnson, Reta
Aurora Holdings & Investments, LLC
Tracts 5 & 6, Shore Fishery Plat #71
Tract 3, Shore Fishery Plat #71
Tract A, City of Kenai Shore Fishery No. 1
Tract B, City of Kenai Shore Fishery No. 1
Tract 1, Shore Fishery Plat #71
Tract 2, Shore Fishery Plat #71
Tract 7, Shore Fishery Plat #71
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SHORE FISHERY DIAGRAM NO. 1
AGENDA
KENAI CITY COUNCIL- REG~~ MEETING
MARCH 2, :2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
~http'//www. ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items hsted with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There w/il 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'
ITEM C:
ITEM D:
iTEM E:
I_TEM F:
S_CHEDULED PUBLIC COMMENTS_ {10 minutes)
UNSCHEDULED PUB_LIC COMMF. NT~ {3 m/nutes)
REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
F_~~,N~_ CONVENTION/h VISITORS BUREAU
~_ AI CHAMBER OF COMMERCE
?UBLIC HEARINGS
Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai
Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone
{LCZ) and Amendin§ the Land Use Table for All Zones in KMC 14.22.010
by Addin§ Two New Land Uses and Amendin§ Three Others.
Substitute Ordinance No. 2081-2005 -- Establishing a New Zone
in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited
Commercial Zone (LCZ), Amending the Land Use Table for All
Zones in KMC 14.22.010 by Add/n§ Two New Land Uses and
Amending Three Others and Clarifyin§ the Development
Requirements Table.
Ordinance No. 2082-2005 -- Amend/n§ KMC 14.20.290 to Require
Notices of Board of Adjustment Hearm§s be Sent by Certified Marl to the
ITEM G:
.
ITEM H:
ITEM I:
,
ITEM J:
,
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
,,
Appellant and Any Applicant for a Permit Being Appealed From at Least
Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment
for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After
the Filing of the Appeal; and, Updating and Clarifying Other Portions of
the Appeal Process.
MINUTES
,
*Regular Meeting of February 16, 2005.
OLD BUSINESS
Discussion-- Proposed Soccer Fields (Section 36) Grant Application
Update.
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly ¥~ of
Section 36 Lying Northeasterly of the Kenai Spur Highway and North of
Evergreen Tract A Re-subdivision and South of Jettison Junction
Subdivision and Southeasterly of Ballfield Subdivision Excluding
Evergreen Subdivision Klm Addition From Rural Residential {RR} to
Recreation (R).
*Ordinance No. 2084-2005 -- Increasing Estimated Revenues and
Appropriations by $24,042.60 and Transfer in the General Fund for a
Grant for One {1) Traffic Safety Speed/Message Trailer.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
~EXECUTIVE SESSION- None Scheduled
I~TEM N:
-- ~ADJOURNM~NT
ME.RS:
Rick Foster
Homer Oty
Term Expires 2007
Lynn Ho~
Blair Martin
Term Ex.res 2006
.ALTERNATES
Todd Petasal
East Peninsula
Term Expires 2007
Ao
S.
Co
D.
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
CALL TO ORDER
ROLL CALL
5:30 p.m.. February 28, 2005
Tentative Agenda
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. February 14, 2005
SUBDIVISION PLAT PUBLIC HEARINGS
.
.
.
.
,
Bremond Farm Estates Norris Addition
KPB 2005-040 ,
[Swan/Williams]
Location: East of K-Beach Road
.
Salamatof Air Park Luy Second Addition
(Revised Preliminary)
KPB 2004-306
[Swan/Uirike Kollmer-Luy]
Location: North of Salamatof Lake in Nikiski
Ciearview Subdivision No 6
KPB 2005-042
[Cline/Leirer]
Location: City of Seward
Moose Point Subdivision Yeager Addition
KPB 2OO5-O45
[McLane/KPB]
Location: North of Nikiski
Bayview Gardens Raspberry Court Vacation No 2
(Postponed from January 10, 2005)
KPB 2005-014
[Ability/Bergt/Cloud/Sitenga/Evans]
Location: City of Homer
Tietjen No 9
KPB 2005-049
[Ability/Hess]
'Location: City of Homer
.
10.
Vineyard Estates Replat 2005
KPB 20O5-O5O
[Ability/McGinley]
Location: City of Homer.
Blevens-Stangeland Subdivision
(Revised Preliminary)
KPB 2OO5-O36
[Integdty/Bievens/Stangeland]
Location: Fishermans Avenue end of Funny River Rd.
Beach' View Cowart Addition
KPB 2005-048
[Integdty/Cowart]
Location' East of K-Beach Kasilof area
River Quest Resort Phase 2
(Revised Preliminary)
KPB 2004-029
[Integrity/River Quest RV Resort LLC]
Location' North of Porter Road
E. FINAL PLATS
.
Baughman-Weilbacher's Retreat
(Final Plat)
KPB 20O4-265
[I ntegrityNVeilbacher]
Location: On Kenai River off Big Eddy Road
F. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
G. PUBLIC COMMENT
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held March 14, 2005 in the
ASsembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax' 907-262-8618
e-mail address: planning@borou.ah.kenai.ak, us
web site' www.borouqh.kenai.ak, us/p!anningdePt.
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dick Troeger
Soldotna City
Term Expires 2005
*Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2005
Lynn H obi
PC Member
Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James Isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A,
a.
C.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
$OLDOTNA, ALASKA
February 28, 2005- 7:30 P.M.
Tentative Agenda.
CALL TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the .consent ~agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1.
Time Extension Requests
a.
bo
Rolling Hills' Subdivision Howell Addition
KPB File 2004-034 [Swan/Howell]
Location- East of Longmere Lake in Steding
Hayward Hill U-Haul Addition
KPB File 2002-199
[Whitford/Nineteen Sac Self Storage Limited Part/Amerco Real
Estate Co.]
Location: City of Soldotna
*3.
Plats Granted Administrative Approval
Plats Granted Final Approval (20.04.070)
Plat Amendment Request
a.
Crandall Subdivision
KPB File 1999-075 [Integrity/Crandall]
Location: East of Mackey Lake
bo
Margaret E. McGahan Homestead No. 2
KPB File 2003-169; Integrity/McGahan
Location: North Kenai
Coastal Management Program - None
Commissioner Excused Absences - None
*7. Minutes
a,
February 14, 2005 Plat Committee Minutes
b,
February 14, 2005 Planning Commission Minutes
D.
E.
G.
Ho
PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per
speaker unless previous arrangements are made.)
.
Homer Shoreline Change Project - Research Reserve
UNFINISHED BUSINESS- None
PUBLIC HEARINGS
.
Vacate a portion of Silver Salmon Drive, dedicated by Moose River Estates
Subdivision (Plat KN 74-98); within Sections 13, Township 5 North, Range 9
West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File
2004-237 (Note: 10' additional Right of Way proposed to be granted if
vacation is approved).
.
Vacate Raspberry Court, a 50-foot right-of-way, dedicated by Bayview
Gardens Subdivision Addition No 1(Plat HM 76-104), and Fireweed Terrace
(Plat HM 2001-18); within Section 17, Township 6 South, Range 13 West,
Seward Meridian, Alaska; the.-City of Homer and the Kenai Peninsula
Borough. KPB File 2005-021
.
Rename existing streets in conjunction with the Enhanced 9-1-1Street
Naming and Addressing Project within the Kenai PeninsUla Borough. Streets
under consideration at this meeting are described as follows:
a.
Barbara Avenue within Fine Subdivision (KN 78-61) and Kramer
Trust Subdivision (KN 83-285), Section 22, T5N, R10W, S.M., AK;
Location: off Mackey Lake Road, $oldotna area; ESN 302; Reason
for change: duplicate name.
b.
Barbara Avenue within O'Rourke Subdivision (KN 76-44), Section 4,
T3N, R11W, S.M., AK; Location: south of Orphea Lake, .Kasilof; ESN
302; Reason for change: duplicate name.
C,
Bear Drive within Murray Lake Subd. No. 1 (K 1376), C and T
Subdivision (KN 77-66), Birch Hollow Subdivision Part 5 (KN 81-
124), and Birch Hollow Subdivision. Part 7 (KN 84-161), Sections 13,
19, and 30, T5N, R9W, S.M., AK; Location: Longmere Lake area;
ESN 302; Reason for change: duplicate name.
d.
Beaver Drive within Loon Lake Subdivision (K 1686), Sections 7 and
8, T3N, R11W, S.M., AK; Location: north of Loon Lake, Kasiiof; ESN
302; Reason for change: duplicate name.
e,
Beaver Dam Avenue within Jake Estate Subdivision (KN 78-04),
Section 30, T5N, R10W, S.M., AK; Location: off Luau Street, Kenai
River; ESN 302; Reason for change: duplicate name.
Cache Circle within Channel Shores Subdivision (KN 85-102),
Section 30, T5N, R10W, S.M., AK; Location: west side of Kenai
River, just across from Knight Drive; ESN 302; Proposed to be
renamed Hrubes Avenue; Reason for change: duplicate name
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
!. SPECIAL CONSIDERATIONS
,
Plat Waiver Application: SEl/4 SE1/4
T01S R12W Sec 27
KPB File 2005-047
KPB Resolution 2005-06
Location: Caribou Hills
Petitioners: DeWayne & Diane Craig and Clint & Denise Chappell
J. SUBDIVISION PLAT PUBLIC HEARINGS
.
The Plat Committee is scheduled to review eleven plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
U.
N,
ASSEMBLY COMMENTS
·
DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
.
Touchstone Newsletter- February 2005
.
City of Soldotna Planning & Zoning Meeting Minutes- February 2, 2005
.
Resolution SN 2005-01; Renaming certain Public Rights-of-Way within Section 29,
T2N, R12W; Sections 23, 26, and 27, T5N, R8W; Section 30, T3N, R11W; Section
17, T5N, R10W; Sections 1 and 27, T4N, R11W; Section 31, T8N, R11W; Sections
17 and 21, T5N, R9W; Section 1.9, T5N, R8W, S.M., AK Within Emergency Service
Number (ESN) 302.
·.
Letter from Joe & Ronda Oglesby
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held March 14, 2005 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
COMPREHENSIVE PLAN MEETINGS
· Planning Commission public heating ~, draft 2005 ComPrehensive Plan
· Introduce dm~t 2005 Comprehensive Plan at Assembly meeting '
· Planning Commission final public headng, draft 2005 Comprehensive Plan
March 28
Apdl 5
Apd125 (Meeting held in Kachemak City)
· Assembly public heating #1, dmlt 2005 Comprehensive Plan
· Assembly final public headng, draft 2005 Comprehensive Plan
May 3 (Meeting held in Seward)
May 17
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date
Cooper Landing Cooper Landing Community Hall March 9, 2005
Anchor Point 'Anchor River Inn March 1, 2005
March 15, 2005
The Kachemak Bay Advisory Planning Commission ~s inactive at this time.
Time
7:30 p.m.
7:00 p.m.
7:00 p.m.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: planning~borough.kenai.ak, us
web site: www. borou.qh.kenai.ak, us/plannin~dept
Official Business
ALASKA STATE LEGISLATURE
Kenai- Kodiak Caucus
SENATOR TOM WAGONER, SEAT Q
SENATOR GARY STEVENS, SEAT R
REPRESENTATIVE KURT OLSON, DIST. 33
REPRESENTATIVE MIKE CHENAULT, DIST. 34
REPRESENTATIVE PAUL SEATON, DIST. 35
REPRESENTATIVE GABRIELLE LEDOUX, DIST. 36
February 14, 2005
John Hammelman
210 Fidalgo Ave
Kenai, AK 99611
Dear John Hammelman,
I would like to invite your planning commission to send a representative to the Floodplain
Science and Strategies Conference to be held in Seward on March 31 and April 1 of 2005.
This conference is intended to help develop a strategy for addressing floodplain
management issues on the Kenai Peninsula.
Floodplains are dynamic places. Rivers naturally shift course, and flood events are often
unpredictable. In the last decade, the Kenai Peninsula has experienced several large floods.
Homes, businesses and infrastructure are threatened in many places. The Kenai River
Center and the Kachemak Bay Research Reserve are gathering scientists, engineers and
policy experts together with Kenai Peninsula policy makers and land managers at the UAF
Institute of Marine Science in Seward to discuss floodplain science and policy on the
Peninsula and develop a strategy to address existing and future problems.
A two-day event, made possible by grants from the Environmental Protection Agency,
Alaska Department of Commerce, Community and EconOmic Development and the Kenai
Peninsula Borough, is planned. Day One will focus on floodplain dynamics and issues that
arise from human development of floodplains. That night a casual reception will be
followed by an opportunity for people in similar fiver-system types to discuss floodplain
issues specific to each system. Day Two will be a discussion between you, other officials
and the invited experts about floodplain development challenges and how we might
develop a strategy to address these issues.
There is a registration fee for this workshop of $12.00. Each registered attendee will
receive conference materials, lunch on March 31 and April 1, and hotel accommodation in
Seward on the evening of March 31 if attending from Cooper Landing or farther away. The
workshop dates are March 31 and April 1, 2005. Please RSVP to Jan Yaeger at the Kenai
River Center, 514 Funny River Road, Soldotna, AK 99669, or call (907) 260-4882 ext.
238.
Contact: Konrad Jackson State Capitol, #110 Juneau, AK 99801 Phone: 907-465-2693 fax: 907-465-3835
Your participation is critical. I look forward to working with you and our other invited
guests to discuss and develop strategies concerning Kenai Peninsula floodplains.
Sincerely,
Representative Kurt Olson, Chair
Kenai- Kodiak Caucus
Alaska State Legislature
House District 33
CC:
Senator Gary Stevens, Alaska State Legislature
Senator Tom Wagoner, AlaSka State Legislature
Representative Mike Chenault, Alaska State Legislature
Representative Gabrielle LeDoux, Alaska State Legislature
Representative Paul Seaton, Alaska State Legislature
Mayor Dale Bagley, Kenai Peninsula Borough
Max Best, Planning Director, Kenai Peninsula Borough
Mayor James Homaday, City of Homer
Walt Wrede, City Manager, City of Homer
Mayor Pat Porter, City of Kenai
Linda Snow, City Manager, City of Kenai
Mayor Vanta Shafer, Seward
Phillip Shealy, City Manager, Seward
Mayor David Carey, Soldotna
Tom Boedeker, City Manager, Soldotna
Kenai Peninsula Borough Assembly
City of Homer Council
City of Kenai Council
City of Seward Council
City of Soldotna Council
Public Notice
Alaska Coastal Management Program
Dated March 1, 2005
Anchorage-Kenai-Homer-Kodiak Island Fiber Link
Submarine Cable Rout /Kodiak Kenai Cable Co.
Your Opportunity to Commont
Project Title/State ID~:
Kodiak Kenai Cable/AK 0503-0 IAA
ApplicantJAgent:
Kodiak Kenai Cable Company, LLC/
Location:
Anchorage Port Woronzof-Lat 61 degrees 11.? 1 $'N, Long
150 de~'ees 01.611 'W
Kenai, end of Spruce Dr.- Lat 60 degrees 33.256'N, Long
151 degrees 16.645W
Hom~, end of Beluga Ave.- Lat 59 delp-,~.s 35.333'N,
Long 151 degrees 32.662'W
Kodiak, Monashka l~ay- Lat $? d¢~rees 49.484'1q, Lon~
152 degrees 23.605'W
Seward,, end of Resurrection Bay- Lat 60 degrees
07.459'N, Long 149 de~¢es 25327'W
Kodiak, he, ad of Mill Bay. Lat :57 degrees 49.209'N, Long
152 degrees 21.278'W
Narrow Cape- Lat 57 degrees 27.45 I'N, Long 152
degrees 20.09~ 'W
Review Schedule (30 days):
· Day 1 .................................................. 3/1/05
· Commems due on or before ......... 3/17/05
· Final determination issued by ......... 3/30/05
How you can participate:
This project is bcing reviewed for consistency with
thc Alaska Coastal Management Program. Your
comments on the proposed project's consistency
must b~ submitted in wriling to the Office of Project
Management and Permitling (OPMP). Comments
about inconsistency must identify the relevant
enforceable policy and explain how the project is
not consistent with that policy.
Deadline for written comments:
5:00 PM on March 17, 2005
il _ m,_ ,
ACMP Contact:
Anmnda TuCde, Project Review Coordinator
Alaska Coastal Management Program, OPMP
550 W. 7~ Ave, Suite 1660, Anchorage, AK 99501
Phone: 907-269-7475 Fax: 907-269-3981
Email: Amanda_Tuttle~~.sm~.ak.us
Web site: _http://www:alaskacoa.st.state,ak.us/