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HomeMy WebLinkAbout2004-10-26 Planning & Zoning Packet COMMISSION CHAIR REPORT October 26, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: 4a Dena'ina Point Estates Plat Revision Staff STAFF REPORT To: Planning & Zoning Commission Date: October 26, 2005 Res: PZ05-58 GENERAL INFORMATION Applicant: Terry T. Eastham P.O. Box 2891 Soldoma, AK 99669 262-1951 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat- Dena'ina Point Estates - St. Augustine Addition Dena'ina Point Estates- St. Augustine Addition- Comprised of Lot 5 (0.6 ac.), Lot 14 (0.5 ac.), Block 1 of Carl F. Ahlstrom Subdivision (no. K-2176) in the SW ¼ SW ¼ of Sec. 25, T. 6 N., R. 12 W., S., and Tract A-5 (9.630 ac.) of Dena'ina Point Estates (no. 84-107) in the NW ¼ NW ¼ of Sec. 36, T. 6 N., R. 12 W., S.M., AK, and in the City of Kenai. 14031, 13999, & 13997 Kenai Spur Highway 2803, 2805, 2821 & 2823 Iliamna Road 775 Bach Drive 3909101, 3909102 & 3909103 3909104, 3909105, 3909113 & 3909114 4301201 General Commercial and Suburban Residential Vacant Neighborhood Commercial & NeighborhoOd Residential Note: There were three plats submitted for review. The first was received on September 23, the second on October 12, and the third on October 21, 2005. The first plat dedicates three right-of-ways. The second plat dedicated one right-of-way. The third plat dedicates two right-of-ways. This review encompasses all three plats and a meeting held with the owner and surveyor on October 17, 2005. 0558 Comment.doc Page 2 This plat subdivides a larger parcel, combines parcels and dedicates right-of-ways and a water line easement. There are several issues for consideration: 1. The legal description in the title block does not identify four parcels being combined. They are Lots 1, 2, 3, and 4, Block 14 of Carl F. Ahlstrom Subdivision. 2. Plat combines Lots 1, 2, 3, 4, and 5, Block 14, Carl F. Ahlstrom Subdivision into the new Lot 5-A. These parcels are zoned General Commercial. The resulting lot (5A) meets the minimum lot size for the zone. 3. Plat submitted on September 23, 2005, dedicated an additional 40-foot right-of- way to Iliamna Avenue off the Kenai Spur Highway. This increases the 60' dedication already there. Plat submitted on 10/12/05 removed the dedication. Plat submitted on 10/21/05 rededicates the additional 40-foot right-of-way to Iliamna Avenue off the Kenai Spur Highway. 4. Plat submitted on September 23, 2005, dedicates a 60-foot right-of-way off of Iliamna Avenue. Plat identifies the street as Tern Street. Tern has already been used for streets in the City of Kenai and would create a duplication. Plat submitted on 10/12/05 removes the dedication and identifies this as a "Private Drive." Plat submitted on 10/21/05 rededicates a 60-foot right-of-way off Iliamna Avenue. Plat identifies the street as Bryson Street, which has been approved by the Kenai Peninsula Borough's addressing technician. 5. Plats submitted 9/23/05 and 10/12/05 dedicates an 80-foot right-of-way that expands to a 100-foot right-of-way where it dead-ends at the entrance to Lots 1, 2, and 3. ROW is identified on the plat as 1st Avenue N.W. This name does not conform to the city's naming standards and will need to be renamed. Plat submitted on 10/21/05 identifies the street as Rachael Avenue, which according to the city's addressing official should be Court, has been denied by the Kenai Peninsula Borough's addressing technician. KMC 14.10.070(d)(3) requires an open space (cul-de-sac) with a minimum radius of 50 feet. 6. The new lots created from Tract A-5 and Lots 13 and 14 results in 6 lots. Lot 1, 2, 3, 4, 5, and 14-A. These lots are zoned Suburban Residential. The newly configured lots meet the minimum lot size for the zone. 7. City has been informed that the developer plans to extend city water to these lots and use on-site septic systems. Plat submitted on 10/12/05 dedicates a 20-foot water line easement through lot 14-A to 1st Avenue N.W. 8. Plats submitted on 10/12/05 and 10/21/05 indicate Lots 1 and 3 do not meet minimum lot width of 60-feet for the RS zone. A variance will be required. Plat submitted on 9/23/05 indicated lots 1, 2 and 3 did not meet minimum lot width of 60-feet for the RS zone. Note 1 on the original should be corrected to include these two lots and state that development in the areas of the lots that are less than the 60-feet may be restricted or prohibited. 9. Lots 1, 2, 3, 4, and 5 are affected by a drainage easement. A note should be added 0558 Comment.doc Page 3 10. 11. 12. that no permanent structures may be placed in an easement. This will restrict development of these lots. Lot 14A is affected by a water line easement. A note should be added that no permanent structures may be placed in an easement. This will restrict development of this lot. Plat identifies section line easements. A vacation has been applied for but has not been approved. · A note should be added that no permanent structures may be placed in an easement. Plat submitted on 10/21/05 dedicates a private access easement for a pedestrian walkway for subdivision owners. Plat submitted on 10/12/05 dedicated a public access easement for a pedestrian walkway. Ci_ty Engineer: Installation agreement needed as platted. Public Works Manager' Installation agreement must include but may not be limited to: 1. Road drawings .by registered engineer showing exact location of newly constructed road, existing storm drain, drainage for development with consideration for future development, signage, top soil and seeding, street light intersections and cul-de-sac. 2. Water main line drawings in easements fOr DEC and City approval. Fire hydrants will be required. 3. Existing road needs to be "pot holed" every 50 feet to look at subsurface conditions. Registered engineer needs to inspect and certify that road meets City specifications (City of Anchorage '94). Building Official' Not available to comment. However, it should be noted that a building permit has been issued for Tract A-5 of Dena'ina Point Estates. The plot plan provided for this permit showed the structure as 30-feet from the lot line meeting the setback requirement. However, the section line was not identified. This creates a structure encroaching approximately 20 feet into the easement. Mr. Lowe has been notified of the encroachment and that if the section line is not vacated, a certificate of occupancy cannot be issued. RECOMMENDATIONS Recommend approval with the following requirements: , ge Correct legal description in title block. Apply for and receive a variance for minimum lot width for Lots 1, and 3 or an exception from KPB. Correct Note 1 to state that development in the areas of the lots that are 0558 Comment.doc Page 4 .. Se o ge e less than the 60-feet required lot width may be restricted. Street names must be reviewed and approved by City to ensure conformity with City's naming conventions so there is not duplication with existing names. Easements must be dedicated for water mains and service lines crossing other lots. Plat should note lots would be served by on-site septic systems. Add a note stating that no permanent structure may be placed in an easement. Cul-de-sac must meet requirements of KMC 14.10.070(d)(3) or an exception or variance must be obtained. Developer and surveyor have been notified that the City will not accept private access onto a dedicated right-of-way. The plat must either dedicate all right-of-ways or dedicate access easements. Access easements will not be maintained by the City of Kenai. Development and dedication of right- of-ways will require installation agreements. ATTACHMENTS' 1. Resolution No. PZ05-58 2. Preliminary Plat (s) KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-58 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 Dena'ina Point Estates - St. Augustine Addition was referred to the City of Kenai Planning and Zoning Commission on September 28~ 2005~ October 12~ 2005, and October 21~ 2005 and received from Terry_ Eastham. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned CG- General Commercial and RS - Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available with Extension. 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 REQUIRED. 5. Status 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. See Page2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES DENA'INA POINT ESTATES - ST. AUGUSTINE ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 26th, 2005. CHAIRPERSON: ATTEST: 0558 Res.doc Page 2 Recommend approval with the following requirements' le , o Se Ge o ° Correct legal description in title block. Apply for and receive a variance for minimum lot width for Lots 1, and 3 or an exception from KPB. Correct Note 1 to state that development in the areas of the lots that are less than the 60-feet required lot width may be restricted. Street names must be reviewed and approved by City to ensure conformity with City's naming conventions so there is not duplication with existing names. Easements must be dedicated for water mains and service lines crossing other lots. Plat should note lots would be served by on-site septic systems. Add a note stating that no permanent structure may be placed in 'an easement. Cul-de-sac must meet requirements of KMC 14.10.070(d)(3) or an exception or variance must be obtained. Developer and surveyor have been notified that the City will not accept private access onto a dedicated right-of-way. The plat must either dedicate all right-of-ways or dedicate access easements. Access easements will not be maintained by the City of Kenai. Development and dedication of right- of-ways will require installation agreements. .f · 0 'OOZ · J / \ I- o O~ e~ '0~ -J N · ~ . .' -. .' ../ / / / / *J.S .O' OJ I J · I' i o o.~. _j · z '~ , - ,n ._c 'G .-~n <1: r-.~ -- "' "3~ "- · Z LLI *'-- m-- °'3 o -- °='~ z' , - ,. ::::)~. ,,. ~ ~ < '4 °g u. '~ z "a " .. o o " ~ -~'''' -'~ ' 12 .:o o tn oZ 0 (n .o 'ooz .. \ / / \ I-- o 'o~ J N 0 ~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 26, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioners c. Election of Vice Chair d. Agenda Approval e. 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. *September 28, 2005 b. *October 12, 2005 3. SCHEDULED PUBLIC COMMENT: ® CONSIDERATION OF PLATS: a. PZ05-58 - Preliminary Plat- Dena'ina Point Estates- St. Augustine Addition. Plat submitted by Terry T. Eastham, P.O. Box 2891, Soldotna, Alaska. b. PZ05-59 - Preliminary Plat- Evergreen Subdivision- Webber Addition. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. FY2006- Capital Improvement Plan b. Board of Adjustment Decision- Snow- Remand to Commission- Discussion c. Lease Application, L7, B2 Fidalgo Commercial Center, Assignment/Amendment of Lease -Commercial Development to William Borchardt- Discussion and 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) Agenda October 26, 2005 Page 2 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. City of Kenai Building Permit Data- Third Quarter b. City of Kenai Planning & Zoning Commission Resolutions- Third Quarter c. Zoning Bulletin (9/25/05) d. Planning & Zoning Roster 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting- Development of a Mixed Use Overlay Zone - Discussion CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 28, 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. *September 14, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 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 from 4/13/05.) 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ05-55-An application for development in the Townsite Historic Zone for the property known as 1002 Mission Avenue (Lot 16, Block 5, Original Townsite of Kenai). Application is for a building permit for the structure located at 1002 Mission Avenue. Application submitted by Klauder & Company Architects, Inc., 606 Petersen Way, Kenai, Alaska. b. PZ05-56 (PZ98-45)~A request for transfer of Conditional Use Permit PZ98-45 (Lodging and Guide Service) from James H. Cowan to Clinton A. & Delores A. Coligan for the property described as Lots 4 & 5, Anglers Acres Subdivision, Part 3 (1035 & 1045Angler Drive), Kenai, Alaska. Transfer requested by Clinton A. & Delores A. Coligan, P.O. Box 4300, Soldotna, Alaska. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: a. Pending Code Violations 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (9/10/05) b. Board of Adjustment Decision- Krein/Doyle 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 28, 200~ - 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 Roll was confirmed as follows: Commissioners present: Commissioners absent: Others present: J. Hammelman, P. Bryson, J. Twait, N. Amen, and C. Glick B. Eldridge, J. Barrett Mayor Pat Porter, Councilman Ross, City Planner Kebschull, Department Assistant Carver, and Contract Secretary B. Roper A quorum was present. 1-bo Agenda Approval Chairman Hammelman moved Item 1 1, Persons Present Not Scheduled to follow Item 2 in order to accommodate Mayor Porter's request to address the Commission. MOTION: Commissioner Bryson MOVED to approve the agenda as amended and adding the lay down items (maps of Millennium Square) provided before the meeting. Commissioner Twait SECONDED the motion. VOTE: Hammelman Yes Absent ,tCldridge Glick Yes IBryson Amen Yes Twa_it Yes Yes Barrett Absent MOTION PASSED UNANIMOUSLY. l'c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Click SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September 14, 2005 Approved by consent agenda. ITEM 11: PERSONS PRESENT NOT SCHEDULED Mayor Porter reported she attended a workshop in Washington, DC and a gentleman told her about a book entitled "Boomtown USA." Porter purchased the book and was very excited in that it could be an excellent tool in moving the City of Kenai forward by making positive changes. She noted the City Council was provided with a copy and she thought the Planning as Zoning Commission would enjoy it as well. Porter loaned several copies of the book to the Commission. Mayor Porter thanked the Commission for their input in the commission and committee meeting discussions and noted a new ordinance may be forthcoming which would provide for excused absences, alternates, etc. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 5: PUBLIC HEARINGS 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 as Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled from 4/13/05.) City Planner Kebschull reviewed the staff report included in the packet and noted the following: · The item was reviewed by the Commission in April and it was postponed at that time to await a recommendation from the Airport Commission. · Nothing changed with regard to the staff report and it was agreed the suburban residential zone would not fulfill proposed development of the area. · The lay down items provided before the meeting indicated examples of the development concepts the Airport consultants provided. The schematics are grandiose but do provide a general idea of what could go in the area. Work had not been completed on the mixed use zone overlay, however, this could be appropriate for the zone. · The Commission requested to change the zone to general commercial. Hammelman opened the public hearing. public hearing was closed. There were no public comments and the MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 28, 2005 PAGE 2 Commissioner Amen MOVED to table PZ05-16 until it is resurrected by staff. Commissioner Glick SECONDED the motion. Commissioner Bryson noted, if action were taken on the issue it would still be on the same rehearing schedule when the mixed use zone was established and tabling the 'issue would be appropriate at this time. Kebschull noted if the mixed use zone would be approved, a rezone would not be necessary because the mixed use would overlay the zone. VOTE: Hammelman Yes Eldridge ] Glick Absent Yes Amen Bryson Yes Twait Yes Yes Barrett Absent MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS-- None. ITEM 7: NEW BUSINESS PZ05-55 -- An application for development in the Townsite Historic Zone for the property known as 1002 Mission Avenue (Lot 16, Block 5, Original Townsite of Kenai). Application is for a building permit for the structure located at 1009. Mission Avenue. Application submitted by Klauder & Company Architects, Inc., 606 Petersen Way, Kenai, Alaska. Kebschull reviewed the staff reporting, noting: · The Commission is required to review all building permit applications for properties 'in the Townsite Historic Preservation Zone. The application, submitted by Klauder & Company on behalf of the Kenaitze Indian 'Tribe (KIT}, was requesting several interior improvements to the building currently being utilized as their senior center. · Staff recommended approval as the work would not impact the historic integrity of the property. · Mr. Mishou from KIT was available to answer any questions. Bryson asked when KIT would need the facility and Kebschull indicated it was already being utilized and a building permit was on file. MOTION: Commissioner Bryson MOVED to approve PZ05-55 and Commissioner Twait SECONDED the motion. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 28, 2005 PAGE 3 VOTE: Hammelman Eldridge Glick Yes Bryson Absent Amen Yes Yes Twait Yes Yes Barrett Absent MOTION PASSED UNANIMOUSLY. 7-b. PZ05-56 {PZ98-45} -- A request for transfer of Conditional Use Permit PZ98-45 {Lodging and Guide Service) from James H. Cowan to Clinton A. & Delores A. Coligan for the property described as Lots 4 & 5, Anglers Acres Subdivision, Part 3 {1035 & 1045 Angler Drive), Kenai, Alaska. Transfer requested by Clinton A. & Delores A. Coligan, P.O. Box 4300, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, noting: · The permit had been in Mr. Cowan's name since 1988. · Coligan operated the business for several years. After Cowan's death Coligan purchased the business. The applicant submitted a transfer request during a certification review last year and the transfer request was overlooked. The action was basically a housekeeping item. · Nothing will change with the Permit except for the name and the Code allows for the transfer as long as it continues to operate under the conditions set forth. · Staff recommended approval. MOTION: Commissioner Glick MOVED to approve PZ05-56. the motion. Commissioner Amen SECONDED VOTE: · Hammelman Eldridge i Glick Yes Absent Yes Bryson Yes Twait Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS - None. ITEM 9: CODE ENFORCEMENT Pending Code Violations Kebschull noted Department Assistant Carver was present and she prepared the report included in the packet. Kebschull also noted the City lost their Code PLANNING as ZONING COMMISSION MEETING SEPTEMBER 28, 2005 PAGE 4 Enforcement Officer this past summer, however, funds had been made available for another position and would operate under the Police Department. Kebschull added, recruitment was underway. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the agenda for Council's September 21, 2005 meeting was included in the packet. 10-b. Borough Planning-- Commissioner Bryson reported he did not attend the Borough Planning meeting on September 26, 2005 but would get answers to any questions the Commission might have. 10-c. Commission. Administration -- Kebschull reported the following: There will be an ordinance on vacant buildings coming before the · The City Council will be reviewing the Capital Improvement Projects Plan at their next meeting and if approved, the Planning & Zoning Commission w/il review it at their October 12th meeting. A public hearing will also be held. ITEM 12' INFORMATION ITEMS 12-a. 12.b. Zoning Bulletin (9/10/05) Board of Adjustment Decision- Krein/Doyle ITEM 13' COMMISSION COMMENTS/~ QUESTIONS No comments. ITEM 14' ADJOURNMENT MOTION- Commissioner Amen MOVED to adjourn and Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7'30 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 28, 2005 PAGE 5 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 12, 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. 2. *APPROVAL OF MINUTES: a. *September 28, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ05-59- Preliminary Plat- Evergreen Subdivision- Webber Addition. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. FY2006- Capital Improvement Plan 8. PENDING ITEMS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Agenda October 12, 2005 Page 2 12. INFORMATION ITEMS: a. City of Kenai Building Permit Data- Third Quarter b. City of Kenai Planning & Zoning Commission Resolutions- Third Quarter c. Zoning Bulletin (9/25/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 12, 2005 - 7:00 P.M. CHAIR PRO TEMPORE PHIL BRYSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER Commissioner Phil Bryson acted as Chair Pro Tempore and 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: P. Bryson (J. Twa_it and N. Amen were notified there would not be a quorum present and therefore did not attend.) B. Eldridge, John Hammelman City Planner M. Kebschull Because the quorum of the members was not met, the meeting was closed. X-bo Agenda Approval Consent Agenda ITEM 2- APPROVAL OF MINUTES -- *September 28, 2005 ITEM 3: SCHEDULED PUBLIC COMMENT ITEM 4: CONSIDERATION OF PLATS PZ05-59 - Preliminary Plat- Evergreen Subdivision - Webber Addition. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. ITEM 5' PUBLIC HEARINGS ITEM 6' OLD BUSINESS ITEM 7: NEW BUSINESS Discussion -- FY2006 Capital Improvement Plan ITEM 8: PENDING ITEMS -ae ITEM 9' ITEM 10: 10-a. 10-b. 10-c. ITEM 11- 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) CODE ENFORCEMENT REPORTS City Council Borough Planning Administration PERSONS PRESENT NOT SCHEDULED ITEM 12: INFORMATION ITEMS 10-a. 10-b. 10-c. City of Kenai Building Permit Data- Third Quarter City of Kenai Planning & Zoning Commission Resolutions- Third Quarter Zoning Bulletin (9 / 25/05) ITEM 13' COMMISSION COMMENTS & QUESTIONS ITEM 14: ADJOURNMENT The meeting adjourned at approximately 7:05 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING OCTOBER 12, 2005 PAGE 2 STAFF REPORT To: Planning & Zoning Commission Date: September 29, 2005 Res: PZ05-58 GENERAL INFORMATION Applicant: Terry T. Eastham P.O. Box 2891 Soldoma, AK 99669 262-1951 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat- Dena'ina Point Estates - St. Augustine Addition Dena'ina Point Estates- St. Augustine Addition- Comprised of Lot 5 (0.6 ac.), Lot 14 (0.5 ac.), Block 1 of Carl F. Ahlstrom Subdivision (no. K,2176) in the SW ¼ SW ¼ of Sec. 25, T. 6 N., R. 12 W., S., and Tract A-5 (9.630 ac.) of Dena'ina Point Estates (no. 84-107) in the NW ¼ NW ¼ of Sec. 36, T. 6 N., R. 12 W., S.M., AK, and in the City of Kenai. 14031, 13999, & 13997 Kenai Spur Highway 2803, 2805, 2821 & 2823 Iliamna Road 775 Bach Drive 3909101, 3909102 & 3909103 3909104, 3909105, 3909113 & 3909114 4301201 General Commercial and Suburban Residential Vacant Neighborhood Commercial & Neighborhood Residential Note' There were two plats submitted for review. The first was received on September 23 and the second on October 12, 2005. The first plat dedicates three right-of-ways. The second plat dedicated one right-of-way. This review encompasses both plats and a meeting held with the owner and surveyor on October 17, 2005. 0558 Comment.doc Page 2 This plat subdivides a larger parcel, combines parcels and dedicates right-of-ways and a water line easement. There are several issues for consideration: 10. 11. 12. 1. The legal description in the title block does not identify four parcels being combined. They are Lots 1, 2, 3, and 4, Block 14 of Carl F. Ahlstrom Subdivision. 2. Plat combines Lots 1, 2, 3, 4, and 5, Block 14, Carl F. Ahlstrom Subdivision into the new Lot 5-A. These parcels are zoned General Commercial. The resulting lot (5A) meets the minimum lot size for the zone. 3. Plat submitted on September 23, 2005, dedicates an additional 40-foot right-of- way to Iliamna Avenue off the Kenai Spur Highway. This increases the 60' dedication already there. Plat submitted on 10/12/05 removes the dedication. 4. Plat submitted on September 23, 2005, dedicates a 60-foot right-of-way off of Iliamna Avenue. Plat identifies the street at Tern Street. Tern has already been used for streets in the City of Kenai and will create a duplication. Plat submitted on 10/12/05 removes the dedication and identifies this as a "Private Drive." 5. Plat dedicates an 80-foot right-of-way that expands to a 100-foot right-of-way where it dead-ends at the entrance to Lots 1, 2, and 3. ROW is identified on the plat as 1st Avenue N.W. This name does not conform to the city's naming standards and will need to be renamed. KMC 14.10.070(d)(3) requires an open space (cul-de-sac) with a minimum radius of 50 feet. 6. The new lots created from Tract A-5 and Lots 13 and 14 results in 6 lots. Lot 1, 2, 3, 4, 5, and 14-A. These lots are zoned Suburban Residential. The newly configured lots meet the minimum lot size for the zone. 7. City has been informed that the developer plans to extend city water to these lots and use on-site septic systems. Plat submitted on 10/12/05 dedicates a 20-foot water line easement through lot 14-A. No easements are shown for the extensions to the lots. Dedicated easements are required for main line extensions. 8. Lots 1, 2, and 3 do not meet minimum lot width of 60-feet for the RS zone. A variance will be required. Note 1 should be corrected to include these all four lots and state that development in the areas of the lots that are less than the 60-feet may be restricted or prohibited. 9. Lots 1, 2, 3, 4, and 5 are affected by a drainage easement. A note should be added that no permanent structures may be placed in an easement. This will restrict development of these lots. Lot 14A is affected by a water line easement. A note should be added that no permanent structures may be placed in an easement. This will restrict development of this lot. Plat identifies section line easements. A vacation has been applied for but has not been approved. A note should be added that no permanent structures may be placed in an easement. Plat submitted on 10/12/05 dedicates a public access easement for a pedestrian walkway. 0558 Comment.doc Page 3 City Engineer: Installation agreement needed as platted. Public Works Manager: Installation agreement must include but may not be limited to: 1. Road drawings by registered engineer showing exact location of newly constructed road, existing storm drain, drainage for development with consideration for furore development, signage, top soil and seeding, street light intersections and cul-de-sac. 2. Water main line drawings in easements for DEC and City approval. Fire hydrants will be required. 3. Existing road needs to be "pot holed" every 50 feet to look at subsurface conditions. Registered engineer needs to inspect and certify that road meets City specifications (City of Anchorage '94). Building Official: Not available to comment. However, it should be noted that a building permit has been issued for Tract A-5 of Dena'ina Point Estates. The plot plan provided for this permit showed the structure as 30-feet from the lot line meeting the setback requirement. However, the section line was not identified. This creates a structure encroaching approximately 20 feet into the easement. Mr. Lowe has been notified of the encroachment and that if the section line is not vacated, a certificate of occupancy cannot be issued. RECOMMENDATIONS Recommend approval with the following requirements: o ge o Se Go ge Correct legal description in title block. Apply for and receive a variance for minimum lot width for Lots 1, 2, and 3 or an exception from KPB. Correct Note 1 to state that development in the areas of the lots that are less than the 60-feet required lot width may be restricted. Street names must be reviewed and approved by City to insure conformity with City's naming conventions so there is not duplication with existing names. Easements must be dedicated for water mains and service lines crossing other lots. Plat should note lots would be served by on-site septic systems. Add a note stating that no permanent structure may be placed in an easement. Cul-de-sac must meet requirements of KMC 14.10.070(d)(3) or an exception or variance must be obtained. 0558 Comment.doc Page 4 o Developer and surveyor have been notified that the City will not accept private access onto a dedicated right-of-way. The plat must either dedicate all right-of-ways or dedicate access easements. Access easements will not be maintained by the City of Kenai. Development and dedication of right- of-ways will require installation agreements. ATTACHMENTS: 1. Resolution No. PZ05-58 2. Preliminary Plat (s) KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-58 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING 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 Dena'ina Point Estates - St. Augustine Addition was referred to the City of Kenai Planning and Zoning Commission on September 28, 2005 and October 12~ 2005, and received from Terry Eastham. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned CG - General Commercial and RS - Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available with Extension. 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 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. See Page2 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES DENA'INA POINT ESTATES- ST. AUGUSTINE ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 26th, 2005. CHAIRPERSON: ATTEST: 0558 Res.doc Page 2 Recommend approval with the following requirements' , o . Se Ge . e Correct legal description in title block. Apply for and receive a variance for minimum lot width for Lots 1, 2, and 3 or an exception from KPB. Correct Note 1 to state that development in the areas of the lots that are less than the 60-feet required lot width may be restricted. Street names must be reviewed and approved by City to insure conformity with City's naming conventions so there is not duplication with existing names. Easements must be dedicated for water mains and service lines crossing other lots. Plat should note lots would be served by on-site septic systems. Add a note stating that no permanent structure may be placed in an easement. Cul-de-sac must meet requirements of KMC 14.10.070(d)(3) or an exception or variance must be obtained. Developer and surveyor have been notified that the City will not accept private access onto a dedicated right-of-way. The plat must either dedicate all right-of-ways or dedicate access easements. Access easements will not be maintained by the City of Kenai. Development and dedication of right- of-ways will require installation agreements. J$ NB3.L ~ ,O'ocI o _ · I,~ ' . ~ 0 0 - I-- o 0 -- o ~ o -I STAFF REPORT To. Planning & Zoning Commission Date: October 3, 2005 Res- PZ05-59 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' -Current Land Use: Land Use Plan: Preliminary Subdivision Plat- Evergreen Subdivision- Webber Addition Evergreen Subdivision- Webber Addition (A replat of Lots 5 & 6, Block 2, Evergreeen Subdivision- Kim Addition) 305 & 303 Evergreen Street 04306066 & 04306067 RS-1 - Suburban Residential 1 Vacant Neighborhood Residential ANALYSIS Plat removes a lot line to combine Lots 5 and 6, Block 2 to create the new Lot 5A. The resulting lot is approximately 25,710 square feet and meets the minimum lot size for the zone. Water and sewer are available. City Engineer: No building issues. No installation agreement needed. Building Official: Not available to comment. RECOMMENDATIONS Recommend approval. ATTACHMENTS' 1. Resolution No. PZ05-59 2. Preliminary Plat KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-59 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZON1NG COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Evergreen Subdivision- Webber Addition was referred to the City of Kenai Planning and Zoning Commission on October 3~ 2005, and received from lnte~ri _tx Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds' 1. Plat area is zoned RS - 1 - Suburban Residential 1 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. Status 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 correct. 9. CONTINGENCIES: a. None NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES EVERGREEN SUBDIVISION- WEBBER ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 26~ 2005. CHAIRPERSON: ATTEST' Zl~ ~0~ Z --w~ L,_ Z W O: Z N.,' C) cL w MOll 'u, aa.z,~,an, [,E~' I.Z. [ M.O0, IO.OON] o · · · · · · · · · · · · · · · · · o.~ ._o -o · · · · · · · · · · · · [,Zt~'JL I, A~,,OO, I.O. OON] o~'~ o-~ c~'~ o c c [. o~e, ~ o Oc ~)~-_ ;::Ego. o = o.o~) .c e) ~, c:~ ~aU eoe~-Eo 2~ 0 Fid~lcjo ^venu~, Kenai, Al~sk~ 996~ ~-77oo4 Telephon~: 907-283-7535 / FAX: 907-283-3014 ~[[[~.~ 1992 M MO: TO' FROM' DATE' SUBJECT: Planning & Zoning Commission Marilyn Kebschull, Planning Administrator October 13, 2005 Capital Improvement Program Attached is information provided to Council on development of a Capital Improvement Program for the city. Council has directed that the information be provided to City Boards and Commissions. This is an opportunity to review these potential projects and to identify other projects that you believe should be added to the program. There is a blank nomination worksheet in the packet. If the Commission decides to nominate projects for Council's consideration, staff will assist in completing the worksheet. On November 9, the Commission will hold a public workshop to receive input from citizens on all projects that have been nominated either by staff or Board and Commissions. At that time, the public may have additional projects for the Commission's consideration for nomination. Attachments %\ KENAI, ALASKA MEMO: 210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~ 1992 TO' Mayor and Council FROM' Charles M. Kopp, Acting City Manager DATE' August 16, 2005 SUBJECT' Capital Improvement Plan The FY2006 Designated Legislative Grants to the City of Kenai, and subsequent discussion of various capital improvement project needs, has highlighted a real need for our city to have a formalized Capital Improvement Plan. With current oil prices not expected to drop significantly in the near future, it is probable the State of Alaska will again have revenues available in FY2007 for designated legislative grants. Kenai, like most Alaska communities has a lot of capital projects that are in various stages of conceptual, planning, design and construction. Some projects that are significantly planned lack local or other funding. Others are only partly planned, or are in a conceptual stage. We need to determine evaluative criteria for which projects are urgent, essential, necessary, desirable, acceptable and deferrable. This will help determine answers to the questions of which projects are urgent, which ones are important but can wait, does the cost oUtweigh benefits, can we afford the project now (.later or never) and where will the money come from. These are a sampling of questions we must answer when planning projects for the future of Kenai. When a project is not well defined, budgeted or scheduled, much inefficiency occurs' project focus is lost, funding opportunities are missed and community frustrations begin to manifest. The City of Kenai needs a project implementation plan io organize and establish the feasibility of projects, and to establish project priorities. We need a formally adopted Capital Improvement Plan. A capital improvement plan (CIP) is a long term guide for determining and guiding capital project expenditures. It provides a prioritized list of capital projects envisioned by a community for future development, and a plan that integrates the timing of project expenditures within the city's annual budget. A well prepared CIP has other important benefits' 1. Anticipates community needs in advance of them becoming critical; 2. Ranks capital improvement needs so that the most important projects are given consideration for funding before less urgent projects; 3. Determines maintenance and operation costs so that these expenses are budgeted (conversely, projects with O & M costs that are too high may be eliminated from consideration); 4. Provides a written description and justification for projects submitted for state and federal funding enabling the political representatives and public agencies to have the information needed to make decisions about funding capital projects; 5. Provides the basis for capital projects'as part of the annual budget. The CIP should cover a term of 5 - 6 years. Anything longer may distract from the CIP's utility. We want to include projects that can be well defined today and preclude projects that are not realistic, or are just wishful thinking. I would plan to coordinate our CIP with our City's Comprehensive Plan. The State of Alaska defines a capital project in AS 37.07.120(4) as: An allocation or appropriation item for an asset with an anticipated life exceeding one year and a cost exceeding $25,000. O0 and includes land acquisition, construction, structural imlorovement, engineering and design for the project, and equit~ment and repair costs. It is important that we define a capital project in a similar way to eliminate projects from the CIP consideration that are maintenance related or routine responsibilities of City departments. In order to be effective, the development and adoption of a CIP must involve the entire community. It must become policy. , According to Council direction, I will work with administration to develop and submit a draft CIP development action plan that will outline the general guidelines, organization and development schedule to be presented to Council for approval. The concept CIP will be distributed to various advisory boards, and be scheduled for a public work session. The City Clerk would be provided blank project nomination worksheets for the public to recommend a project to the CIP. Following public work session(s), the administration would bring a draft CIP to Council and incorporate further recommendations into the CIP. I would envision a possibility of one more public work session after Council review and commentary on the draft, followed by presentation of the Final CIP to Council for adoption and implementation. City of Kenai Capital Improvement Program Tentative Schedule October 5, 2005 October 10- November 10, 2005 10/6- Council on Aging 10/6- Parks & Rec. 10/10 - Harbor 10/11 - Beautification 10/12 - P&Z 10/13 - Airport 11/1 - Library November 9, 2005 November 16, 2005 December 7, 2005 December 21, 2005 Draft CIP Plan to Council Committee & Commission Reviews Planning & Zoning Commission Public Work Shop Council Review- Final Dr'--'-~ft CIP Plan Introduced at Council Council Ad_...~_pts Plan CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Project Description:.____ Project Justification: Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: - Estimated Effects on Municipal Budget: Recommended Funding Sources: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX. 907-283-3014 1992 KENAI. ALASKA 2005 PROJECT NEEDS ASSESSMENT SCHEDULE U=Urgent: The project cannot be reasonably postponed because it is necessary to correct a condition dangerous to public health, safety, or welfare -or- The project is required to maintain a critically needed program-or- The project is required to meet an emergency situation. E=Essential. The project is required to complete or make fully useable a major public improvement -or- A "Desirable" project that pays for itself. N=Necessary: Projects which should be carried out within a few years to meet clearly anticipated needs -or- Projects that will replace unsatisfactory or obsolete facilities --or- Projects to remodel existing buildings. 'D=Desirable: Adequately planned projects that could expand existing programs or initiate new ones -or- Projects that convert existing facilities to other uses. A=Acceptable: Adequately planned projects that could be postponed if budget reductions are necessary, without detriment to present operations. DF=Deferrable: Projects that should definitely be postponed or eliminated from the current capital program since the overall need for the project is questionable, adequate planning has not been done, or timing is wrong. CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: City of Kenai Maintenance Shop Site Remediation Project Description: The city maintenance shop area has been identified as a contaminated site. The project will remove and treat contaminated soils, install sewers to transport floor drainage and domestic waste to the city sewer system, and remove other sub-surthce materials for proper disposal. Various site investigations have been prepared and a work plan for cleanup is being prepared. Other funding has also been applied for. Project Justification: We have spent several years preparing studies, installing monitoring wells, collecting samples and miscellaneoUs work. ADEC has requested that actual remediation work begin. Some of the cleanup standards have become less stringent, making it a good time to begin. Cleanup of this site will also lessen future city financial unknown liabilities. Estimated Project Costs: Construction or purchase cost: $1,000,000 Annual maintenance and operation cost: $10,000 Other major cost items: Unknown Estimated Effects on Municipal Budget: The initial cleanup'will be costly and could affect furore budgets depending upon funding sources. The cleanup, however, will ' remove a large potential financial liability as noted in recent audits. An on going cost for long term monitoring and testing will be required. Recommended Funding Sources: Alaska Legislative Grant (current available funds), ADEC Matching Grant (applied for), ADEC loan, City General Fund, Special Revenue Funds. . CITY OF KENAI PROJECT NOMINATION' WORKSHEET Project Title: Kenai Vehicle Maintenance Facility Project Description: The project would construct a new 24,967 square foot Vehicle and equipment maintenance building. The facility would have three new equipment/vehicle maintenance bays, a welding area, wash bay,'tire area, offices, rest rooms, pans storage, building maintenance shop area, miscellaneous Storage, etc. A preliminary design has been prepared, with a cost estimate prepared from schematics in 1998. The project costs reflect anticipated cost increases to 2006. This project could be scaled down in size and/or redesigned to achieve cost savings. Project Justification: The present original shop facility was constructed in the 1960's and has been added on to with building additions and connexes over the years. This /hcility is too small and inadequately equipped to maintain the city vehicle, heavy equipment, and small equipment fleet. Some of the larger equipment will not fit into the building and lack of space does not allow for efficient maintenance. The building does not have a modem washroom and substandard electrical and mechanical systems. Estimated Project Costs: Construction or purchase cost: $4,500,000 ,4nnual maintenance and operation cost: $100,000 Other major cost items: Equipment included-some existing equipment to be moved from existing facility. Estimated Effects on Municipal Budget: An increase in the City General Fund budget should be expected commensurate with other buildings of this size. Personnel additions are not expected initially. Recommended Funding Sources: City General Fund, grants, Special Revenue Funds CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Communi~. Library Renovation/Addition Project Description: The project adds 4043 square feet at ground level for a new children's/juvenile area, restrooms, and elevator to the 3222 square feet second level, which would be unfinished space usable for storage and possibly other activities. A portion of the existing building will be renovated to create a new Librarian office and workroom, and reception area. Future phases would have the ability to finish the upper level and add another 3092 square feet at ground level. Schematic level design drawings and a .cost estimate were completed in early 2002. Project Justification. (Completed by Librarian and Library Commission) Estimated Project Costs: Construction or purchase cost: $1,900,000 ~nnual maintenance and operation cost: $20,000-50,000 Other major cost items: Furni~hing~ Estimated Effects on Municipal Budget: The City General FUnd would increase for maintenance and operations approximately proportional to the increase in square footage for the building. Some increase in revenues may be seen through increased user fees. Recommended Funding Sources: City General Fund, any combination of grants available, and Friends of the Library funds. CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: City Hall HVAC Improvements Project Description: Kenai City Hall construction was completed in 1981. The current HVAC system does not provide adequate heating capacity under winter conditions or cooling capacity under summer conditions. Also, air exchange standards are not being met by the existing system for an office environment. In 2001 an analysis of the system was prePared outlining recommendations for improvements. A cost estimate was also prepared and engineering plans developed. PrOject Justification: Proper control of the HvAc system to provide uniform heating and ventilation is a constant challenge with the present system. The lack of air conditioning and proper temperature control requires the use of several fans during summer months and individual employee unit heaters in the winter to provide a suitable working climate. Proper air exchange and filtration are also questionable in today's office working climate. Estimated Project Costs: Construction orpurchase cost: $150,000 Annual maintenance and operation cost: minimal Other major cost items: unknown Estimated Effects on Municipal Budget: Initial improvements would impact the General Fund. On going maintenance and operation should be minimal, or reduced, due to a more efficient system. Recommended Funding Sources: General Fund, grants CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Public Safety Garage Project Description: Enclose, insulate, and provide minimal heat in the existing carport at the Public Safety Building. Automatic doors with remote actuation and personnel doors would be installed where necessary. Project Justification: During the winter months, police vehicles sit outside under the carport or in the Open parking area. In order to have vehicles respond expeditiously to calls, they should be kept warm and frost-free. ManY times during cold weather, officers must keep their cars running while in the station in order to be ready if called. Estimated Project Costs: Construction or purchase cost: $100,000 ~lnnual maintenance and operation cost: $2,000-3,000 Other major cost items: Unknown Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance Cost increase. Recommended Funding Sources: General Fund, grants CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: City Storage FaciliW Project Description: A combination heated/unheated city storage facility. Each city department would have a heated, secure area for storage, and another outside covered area for storage of vehicles, small equipment, ' and miscellaneous items. Project Justification: Several city departments are in need of storage. This facility would provide the additional needed storage, especially leading up to our surplus auction. We also have high value vehicles, small equipment, and miscellaneous supplies that are in the weather year around. Estimated Project Costs: Construction or purchase cost: $300,000 ~4nnual maintenance and operation cost: $3000-$5000 Other major cost items: unknown Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost increase. Recommended Funding Sources' General Fund. CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Senior Center Garage Project Description: Construct. a heated garage at the Senior Center to house' the Senior Program vehicle fleet. Project Justification: The City currently has five vehicles used in the Senior Program. No indoor, heated space is available to store these vehicles; consequently they are exposed to the weather and risk being vandalized. Estimated Project Costs: Construction Or purchase cost: $250,000 Annual maintenance and operation cost: $3000-5000 Other major cost items: Unknown Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost increase. Recommended Funding Sources: General Fund, grants CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Playground Renovation Project Description: Replace play equipment and construction of walkway for AI~A Project justification: Much of the play equipment is becoming oUtdated and should Estimated Project Costs: Construction or purchase cost: $225,~000 ,,, Annual maintenance and operation cost: $1,000 -- Other major cost items: ' ' - _ Estimated Effects on Municipal Budget: Should. be a savin~s over the long term Recommended Funding Sources: Le~islative~ LWCF~ General Fund CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: ... Kenai Outdoor Sports Complex Project Description: DeveloPment of approximat.ely 55 acres of raw. prooerty for a soorts cg. mp!ex to include: four (4) Litt..le/Sr League baseball fields~ three (3) Little League softball fields~ one (1) storage facil.i .ty~ one (1) concession facility~ two (2)restrooms, i.rrigati0n wells~ play .ar..ea and camot~round, . ..... i iiiii LI I I III I I I Project Justification: To create a sports complex, all contained wit..hin one area that will, attract multiple tourname,nts~ inner-league play and fa.milv ~atherings throut~hout the su. mmer months. Consolidatio.n., of sports fields in~o ,one, area would assist our maintenance efforts ~ well. i ! ii i i ii i iii iii i Estimated Project Costs: Construction or purchase- cost: '.2.0 Million Construction Cost .. . Annum maintenance and operation cost: $20~000 Other major cost items: $60,000. mower and i'$1"0,000 sorinkler, equipment Estimated Effects on Municipal Budget: Complex would necessitat.e hiring . additional personnel to handle routine bali field maintenance~ m.rf mowing and routine park maintenance. ...... iiii i i i i i i Recommended Funding Sources: $500~0..00 Land .& Water Conse .rvation Fund &... !.5 million General Fund, LeRislative. . . CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: · Project Description: This project will accomplish the design and construction of treatment upgrades at Wellhouses 1, 2, 3, and'4 to reduce arsenic, manganese, iron, and color to below the MCLs. Wells 1, 2, and 3 were constructed in 1970, 1978, and 1997 before an arsenic MCL reduction was foreseen. The components of the system upgrades may include tanks for multimedia filtering, storage, and surge/backwash, pumps, chemical injection pumps, electrical control panels, air blower units, flow meters apparatus, and SCADA controls. Building add-ons would be required. The primary concern at WH 2 is color (from orgainics) which may require a sewer line or settling lagoon for backwash water. Project Justification: If the upgrades are not completed, the city's municipal water supply will exceed the new Maximum Contaminant Level, MCL, for arsenic in public drinking water effective in 2006. The arsenic levels found to date exceed the new MCL of 0.01 mg/l' Well 1 @ 0.02 mg/1, Well 3 ~ 0.026 mg/1, and Well 4 (not in service) ~ 0.038 mg/1. Secondary standards which will also continue to be exceed the MCL's are Manganese (0.076 rog/l, mci 0.05), Iron (.41 mg/l, mci 0.30 mg/1), and color (71 color units, mcl 15). Estimated Project Costs: Construction or purchase cost:,, $ 2~455~000 ,4nnual maintenance and operation cost: $ 24~000 , Other major cost items:_ _ Estimated Effects on Municipal Budget:_ It Would increase the Water and Sewer Recommended Funding Sources: 50% or $1~227~500 from AI)EC Municipal Kcith Komelis September 21, 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: N.,.ew Exit R. oad fo.r the Kenai Boating ff acilit¥ Project Description' This project is to construct a new road from the Boating Facility east to Bridge Access Road. Project Justification' Personal dip net fishermen from all over the state use the Boat Launch Road, parking lot, and launch ramps. Over 15,000 dip net permits for households are issued each year, and over 100,000 fish are caught in thi~ Kenai River fishery. The City Boat Facility handle~ a lot of thi~ fishery. Thi~ project will improve the traffic pattern and the overall operation of the Boating Facility. At times, the line of vehicles with boats or trailers extends down Boat Launch Road almost to Bridge Access Road. This presents many problems of access on this narrow road. Users often have to exit the facility and drive down Bridge Access Road to find a place to turn around and then back to Boat Launch Road to get in line to retrieve their bOats. A new one-way exit from the facility would allow u~er~ with their boat~ to exit directly or allow vehicle~ with a trailer to make a loop to the line on Boat Launch Road to retrieve their bOats. Estimated Project Costs- Construction or purchase cost: $ 300:000, Annual maintenance and operation cost: _none Other major cost itern~: Estimated Effects on Municipal Budgeb none II I Ill II I Recommended Funding Sources: Ci~ General Fu.nd (From the revenue received from the dip net fishing ~arking..and launch fees.). . Keith Kornelis September 21, 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Proiect Title: Mommsen Subdivision-Street, Curb & Gutter, and Water Improvements Project Description. New pavement with curbs and gutters for: First Street and Second Street between California Avenue and Florida Avenue California Avenue and Florida Avenue Replace existing old small asbestos water mains with new water main lines. Pro[ect Justification: The streets and curbs and gutters in this section of Mommsen Subdivision are falling apart. They are past the point of repair and must be completely replaced. The water system in Mommsen was small community system that was turned over to the city. The mains are small and the pipes are old asbestos cement. They break very easily and need to be replaced. Estimated project Costs: __ Construction or purchase cost: $ 500~000 ~tnnual maintenance and operation cost: Reductio~i of resent costs. ' "- Other major cost items: Estimated Effects on Municipal Budget: Upgrading the streets and water system would reduce the existing maintenance costs. Recommended Funding Sources: State of Alaska City of Kenai Keith Komelis September 2 I, 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Surface Drainage Improve.ments Project Description' This project is to replace infiltration basins with underground storm drains and/or improve the infiltration basins, if possible. The streets that we have had problems with include Lake Street, Windward Drive, Equinox Way, Inlet Woods Drive, Channel Way, Woodside Avenue, Toyon Way, Pine Avenue, and others. Project Justification' The topography of large areas within the City of Kenai is rather fiat which has caused many drainage problems. Instead of constructing miles of expensive storm drains and dealing with freezing lines and possible lif~ station problems, the city built many infiltration basins. The surface water collects at these infiltration basins and dissipates into the ground. Unfortunately, during certain times of the year these infiltration basins will not take all of the water. This happens when the ground is frozen around the basins and we have heavy rains. It also happens when the ground water table is high and therefore cannot except any more water. We then have flooding is the low spots near the basins. Estimated Project Costs:. Construction or purchase cost:,,, $ 375~000 ,,, Annum maintenance and operation cost:..Reduces existing costs Other major cost items: I II II II I I II I I I Estimated Effects on Municipal Budget: Reduces time and expense on existing budeet. ! II I II I I I I I I Recommended Funding Sources: State Direct Legislative Budeet ..... Ci~ of Kena! General Fund Bud~[et Keith Komelis September 21, 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Pro/ect Title~ Chip and Seal Pavement Upgrades Proiect Description: Chip and Seal Coat of existing paved streets in: Old Town Central Heights Subdivision Inlet View Subdivision Redoubt Subdivision Woodland Subdivision Pro[ect Justification: The last time the city seal coated these streets was 1988. The streets in these subdivisions need chip and seal coat improvements to extend the life of the pavement. .Estimated Pro[ect Costs: Construction or purchase cost:. , $ 550~000 Annual maintenance and operation cost: Redu'c'tion .of present costs. Other major cost items: ..... Estimated Effects on Municipal Budget: Upgrading these streets would reduce the existing maintenance costs. Recommend.,ed Funding Sources:~ State of Alaska City of Kenai Keith Komelis September 21. 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Erosion Control and Coastal Trail Construction Project Description. This project is to construct a multi-purpose erosion control structure and trail that will run for approximately one mile along the base of the Kenai bluffs. Preliminary planning suggests armor rock and riprap for erosion control with a coastal trail on top. It will begin at Kenai Avenue, at the mouth of the Kenai River, and progress along the riverbank to a new trailhead and parking area located just off Bridge Access Road. Project Justification: This erosion control project will provide needed relief to the City from the ongoing erosion of the bluff and associated property, losses including roads, water, sewer, storm drainage, and land. The trail will provide a scenic walkway within the City of Kenai with easy, safe beach access down the bluff at several locations. A scenic estuary area will be crossed with a bridge, and periodic ramps and rest areas along the trail will provide handicapped accessibility and opportunities for wildlife viewing. Estimated Project Costs: Construction orpurchase cost:_$14~000~000 Annual maintenance and operation cost: $20 000 ' - Other major cost items: Estimated Effects on Municipal Budget: Maintenance and clean u costs in o eratin thetrail ius an rock re lacement. Recommended Funding Sources: 70% Federal Government = $ 9 800 000 ----_ 20% Direct State Le islative Grant = $ 2 800 000 10% Ci ofKenai = $1 400 000 Keith Komelis September 21, 2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Wildwood Drive and Highland Subdivision Pavement Replacement Pro[ect Description' New pavement for: Wildwood Drive Silver Salmon Drive and King Salmon Drive in Highland Subdivision Proiect Justi~cation: Wildwood Drive and Silver Salmon Drive and King Salmon Drive in Highland Subdivision are falling apart. They are past the point of repair and must be completely replaced. Estimated Pro[ec., t ,Costs: Construction or purchase cost:,. $ 600:000 , , Annual maintenance and operation cost: Reduction of present c,,ost~. Other major cost items~ Estimated Effects on Municipal Budget: Upgrading these streets would reduce the existing maintenance costs. Recommended Funding Sources: State of Alaska City of Kenai Keith Komelis September 21, 2005 KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ' 111' 1992 M MO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administratoff DATE' October 12, 2005 SUBJECT: Board of Adjustment Decision - Snow- Remanded to the Commission Attached is a copy of the Board of Adjustment's Decision In the Matter of the Appeal of the Denial of a Zoning Change for Jay T. Snow and William A. Snow. Four members of the Board voted to remand the decision, "...to the Commission for consideration of rezoning to Limited Commercial zone. The Commission should also notify and seek input from nearby property owners of the possibility and benefits of being included in the LC zone." The decision also states, "However, we believe the Commission could examine the property and the criteria set out in Griswold and determine whether rezoning the property to LC would constitute illegal spot zoning." The Griswold decision was a case in Homer relating to spot zoning. The decision states that anything under 3 acres is presumptive spot zoning and over 13 acres is presumptively not. The parcel is question is 1.03 acres meeting the City's criteria for a requested rezone; however, it may be questionable under Griswold. I have reviewed the decision and the area in question and spoke with both the City Attorney and Councilman Ross regarding the decision. There is a general consensus that this may be an opportunity to review this area to see if it is appropriate for the Limited Commercial zone. After reviewing the area from site visits and maps, it is my recommendation that the Commission consider the area from approximately Ross Road to Fern Street for properties adjacent to the Kenai Spur Highway. Further, I would recommend that those properties zoned General Commercial along Fireweed Lane also be considered. The Board has asked that the Commission seek input from area property owners. Attached are maps showing the area proposed for consideration. If the Commission would like to pursue this area (or suggest an amended area), we will prepare information to be sent to the property owners and ask for input for the Commission's consideration. The Commission should be cognizant that rezoning the Snow's property to the Limited Commercial zone would not allow auto sales or auto repair. The Snows have been notified of the Board's decision and that if a rezone to Limited Commercial is considered, it will not accommodate the uses they proposed. 1. Does the Commission want to pursue investigating a possible rezone in this area to Limited Commercial? 2. What area would the Commission like to consider? 3. Does the Commission want staff to prepare information to be sent to property owners requesting input? Attachments BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF THE DENIAL OF A ZONING CHANGE FOR JAY T. SNOW AND WILLIAM A. SNOW Case No. BA-05-3 I. DECISION The appeal of Jay T. and William A. Snow is rernanded to the Planning & Zoning Commission for consideration Of rezoning the property as Limited Commercial (CL). II. BACKGROUND On June 30, 2005 Jay T. and William A. Snow (Snow) applied for a zoning change to property located at 5648 Kenai Spur Highway in Kenai. The property is currently zoned Rural Residential (RR)-and the application seeks a change to General Commercial (CG). The property is 1.03 acres. It adjoins property zoned CG on the east side and the property located directly across the street is also zoned CG. The application indicates that Snow intends to use the property for auto sales and repair. Those uses require a conditional use permit in the RR zone, but are a principle permitted use in the CG zone. Following the required public notice procedures, a public hearing was held before the Kenai Commission on July 27, 2005. Four people testified during the public hearing. The first was Bob Holt. He spoke against the rezone. He stated his home and business were located directly across the street in Thompson Park Subdivision. He did not like the idea of a car lot located across the street and is concerned about vehicles being parked in rights-of-way. The next person to speak was Michael RoWden. He lives at 5615 Kenai Spur.Highway. He did not think a car lot would be conducive to the area and was also concerned about cars SNO~ BOARD OF ADJUSTMENT DECISION pa~e I 0f 6 parked in the rights-of-way. Kevin Daniels also spoke. He listed his address as 5688 Kenai Spur Highway. He stated the property was not suited for a car lot and was concerned about junk vehicles being left on the property. One of the applicants, William Snow, also spoke. He stated he planned on being out of the car business in approximately one month. He also said it has always been his intention to have the property rezoned CG and build a commercial building on it. After discussion of the proposal, the rezoning proposal failed by a vote of five to zero. The applicant filed an appeal of that decision to the Board of Adjustment.~ A public hearing on the appeal was held on September 7, 2005. Jay Snow was the only person to testify at the public hearing. He stated that he currently uses the property for auto sales. He repairs autos and puts one or two at a time on the front of the property for sales. That is why he listed auto sales on the re-zoning application. He plans to use the shop on the back of the property for auto repair. The house on the front of the property will be used for residential housing until he can afford to tear it down or use it for commercial purposes. He stated he has had two offers to lease it out as a carlS. He said the house is not very suitable for residential purposes because it is close to the highway and the road noise is very loud. He testified he tried to sell the house but has not been able to because the closeness to the road and the road noise. There was some discussion by the Board and Acting City Manager Kopp regarding the confusion because the re-zoning application listed car sales as the proposed use. City Planner Kebschull noted that that rezoning the property to CG would allow the owners to use the property for any principle allowed use in the city's Land Use Table. She stated the analysis ! KMC 14.20.290 ~lqow BOARD OF ADJ'USTMENT DECISION }Cage 2 of '6 should focus on the allowed CG uses rather than the use listed in the application. Following the public testimony, the hearing was closed. III. STANDARD ON APPEAL An appeal from the Planning and Zoning Commission is a de novo appeal. The Kenai Municipal Code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall all the powers of the body from whom the appeal is taken.''2 The Board of Adjustment (Board) need not defer to the findings or decision of the Planning and Zoning Commission, While the Board may take the concerns of neighborhood owners into consideration, it may not base its decision solely on neighborhood support or opposition.''3 IV. DISCUSSION AND FINDINGS The property in question is zoned RR. Commercial uses in the RR zone are not a permitted principle use, although they may be allowed by a conditional use permit. The problem faced by the applicants is one faced by a number of property owners along the Spur Highway. As highway use has grown and the road has been widened, the houses along the highway are often no longer desirable for residential use because of road noise and proximity to the highway. This board has discussed this issue before in In the Matter of the Appeal of the Denial of a Zoning-Change for De Wayne d. Benton, Case No. BA-95-1.. The highway's widening and increase in traffic has already changed the character of the area. That change will become more pronounced in the future. Mr. Snow testified about the problmn facing a number of homeowners along the Spur Highway. The house cannot be sold as residential property because of its location near the highway. The Board is tbrced to recognize 2 KMC 14.20.290(b)(2) 3 South Anchorage Coalition v. Colby, 862 P.2d 168-172, n. l l (Alaska 1993) SNOW BOARD oF ADJUSTMENT DECISION Page 3 of 6 that restricting use of the property to solely residential purposes may simply result in vacant and run down homes along the highway. Vacant and run down neighboring houses can be a greater threat to adjoining property values than commercial activities. However, we are aware of the negative impact commercial rezoning can have on adjoining neighborhoods. Based on the location, size of the lot in question, neighborhood characteristics and testimony of neighbors, we remand this matter to the Commission for consideration of rezoning this property as Limited Commercial (LC). The Limited Commercial Zone was specifically designed for this type of zoning problem, allowing limited commercial development while protecting adjoining residential neighborhoods. That designation would better deal with the concerns of the protesting neighbors than a designation of CG. The city code prohibits rezoning of areas of less than one acre.4 This property is 1.03 acres, which meets the City's minimum lot size. We recognize that even if the area in question meets the requirements of the Kenai zoning code, a one-acre rezone may be considered illegal spot zoning under state law,s However, we believe the Commission could examine the property and the criteria set out in Griswold and determine whether rezoning the property to LC would constitute illegal spot zoning. By sending it back to the Planning and Zoning Commission for further consideration for the LC designation, other nearby property owners, whose land is now zoned and used as residential, would have the opportunity to consider the benefits of being included in such a zone. Rezoning property as LC would address the issue of declining values and utilization of residential property along the Spur Highway. Increasing the area to be rezoned would also decrease the likelihood of the rezone being considered spot zoning. 4 KMC 14.20.270(b)(2) 5 Griswold v. City of Homer, 925 P.2d 1015 (Alaska 1996)(Rezoning of areas under three acres to different zone than adjacent property usually found to be spot zoning.) SNOW BOARD OF ADJU'~;TME'NT DECISION Page 4 of 6 V. CONCLUSION For the above reasons, the matter is remanded to the Commission for consideration of rezoning to Limited Commercial zone. The Commission should also notify and seek input from nearby property owners of the possibility and benefits of being included in the LC zone. DATED this 7th day of October 2005. Linda Swarner, Board Member Rick Ross, Board Member Cliff Massie, Board Member James Butler, Board Member DISSENTING OPINION We respectfully dissent from the decision of the majority. While we agree with the majority's analysis of the impact of the increase in traffic and the widening of the highway, we do not agree with the decision to remand the appeal to the Commission for consideration of a different zone than the applicants requested. Because there is property zoned CG both adjoining it on one side and across the street, we feel it would be better to rezone the property CG. We would grant the appeal. Pat Porter, Chair Joe Moore, Vice-Chair 2Now BOARD OF ADJOSTMENT DECISION Page 5 of 6 DISSENTING OPINION I also dissent from the decision of the majority, although for different reasons. I feel rezoning the property to CG would negatively impact the nearby property, especially those neighbors who intend to continue using their property for residential purposes. I share Board Member Porter and Moore's reluctance to remand this appeal for consideration of a zone the applicants did not request. Therefore, I would deny the appeal and uphold the decision of the Commission. Blaine Gilman, Board Member NOTE' This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. SNOW BOARD OF ADJUSTMENT DECISION Pag"e 6 of 6 TOGIAK ST PRIMROSE PL WILDROSE AVE DOGWOOD RD PRIMROSE PL U.J~ IL. FORGET-ME TOGIAK ST PRIMROSE PL WILDROSE AVE DOGWOOD RD PRIMROSE FORGET-ME 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/FAX: 907-283-3014 KENAI, ALASKA MEMO: TO' FROM: DATE: Planning & Zoning Commission Nancy Carver, Planning & Zoning Assistant ~ October 20, 2005 SUBJECT: Lease Application, Lot 7, Block 2, Fidalgo Commercial Center, Assignment/Amendment of Lease - Commercial Development to William Borchardt The City of Kenai has received an assignment/amendment request for the above subject property. The property is a vacant lot; which has been used as a parking lot in conjunction with the adjacent building. (See attached information provided by K. Howard.) The City of Kenai Comprehensive Plan Land Use Plan shows the parcel is zoned CG- General Commercial. Mr. Borchardt intends to open up an Arctic Office Products store in the former AIH building at 135 Willow Street. Does the Commission recommend the transfer of the lease, changing the use to what is allowed in the Zoning Code and updating the insurance requirements? 210 Fidalflo Avenue, Kenai, Alaska 99fi11-7794 Telephone' (907) 283-7535 / Fax' (907) 283-3014 www. ci.kenai.ak.us KENAI, ALASKA Memorandum Date: To: From: Rte October 19, 2005 Kenai Planning and Zoning Commission Klm Howard, Assistant to the City Manager Lot 7, Block 2, Fidalgo Commercial Center, Assignment/Amendment of Lease- Commercial Development to William Borchardt JosefF. Boehm and Ronald J. Segers d/b/a Commercial Development are in the process of selling the former AIH building on Willow Street. They also lease the adjacent parking lot property from the City. Mr. Segers is transferring his interest to Mr. Boehm who in turn wishes to assign the lease to William Borchardt for an Arctic Office Products store. The lease states it cannot be assigned without the written consent of the City, which shall be obtained by the following procedure: (a) (b) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. After approval by the Kenai Planning Commission, final approval of transfer by the City Council. The purpose for which this lease was issued in 1978 was a retail fabric center. A building has never been constructed and a development schedule was not incorporated into the lease. Substantial improvements have been made to the lot. There are 72 years remaining in the term of the lease. The lease could be amended to change the use to what is allowed in the Zoning Code. The property is currently zoned General Commercial. Also, the insurance required in the lease is inadequate. As the older leases have come up for assigmnent, we have been requiting an amendment updating the insurance requirements. The assigmnents of the lease should be contingent upon the new lessee agreeing to amend the lease to incorporate new insurance requirements. The parties are current in payments to the City and Borough. The City Attorney has reviewed the documents and has no objections. If the Commission approves the assignments, the matter will be forwarded to Council for final approval. Does the Commission recommend changing the use and the insurance requirements? Attachments Cc: William Borchardt ASSI..GNMEN? OF LEASE THIS ASSIGNMENT, made this day of , 2005, by JOSEF F. BOEHM .and RONA~D J. SEGERS, d/b/a COMMERCIAL DEVELOPMENT, of .~2 ~'~"~-D~ , hereinafter referred collectively to as as'signor~, and' JOSEF .F. BOEHM, of d~'.? ~ _./~_~./~7/P~ L'/~r,~ ~-~.. ~-~.~23 ~..'l~.__~P~,4...,~/xf .... ~~o~ _. , hereinafter referred to as Assignee. For Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to Assignee, a Lease described as follows: That certain Lease wherein CITY OF KENAI is Lessor, and ROBERT L. BORGEN is Lessee, recorded March 20, 1978, in Book 122 at Page 231, for a term of 99 years, and Consent to Sublease or Assignment to Josef F. Boehm and Ronald J. Segers, d/b/a Commercial Development, recorded on December 21, 1984, in Book 253 at Page 120, Amendment to Lease recorded on January 20, 1985, in Book 254 at Page 996, and Amendment to Lease, recorded on May 3, 1988, in Book 327 at Page 66, and Amendment to Lease to Commercial Development, recorded on October 20, 1992, in Book 407 at Page 348, demising premises described as: Lot 7, Block 2, Fidalgo Commercial Center, according to the official plat thereof, filed under Plat Number K-1587, Records of the Kenai Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the same unto the Assignee, his heirs, successors, transferees and assigns, from the date hereof for the rest of the initial term mentioned in the Lease, and any subsequent extensions or renewals thereof, which Assignee hereby expressly agrees to assume and pay, and to faithfully perform all of the covenants, stipulations and agreements contained therein. Assignee hereby acknowledges receipt of a copy of the above described Lease and any amendments thereto. Page 1 of 3 FRANCIS J. NOSEK, JR., A Profes~iotml Co~om.~t'" 310 K Street, Sui~ 601, Anchm'~, Alaska 99501 (9o7) appeared RONALD J. SEGERS, who is known to me and to me known to be the person named in and who executed the above and foregoing, and he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official seal. N6[ary--Public in and for Alaska My Commission expires: ~-~- CQNSENT TO ASSIGNMENT The CITY OF KENAI, hereby consents to and approves the foregoing Assignment of Lease. Any notice required to be given to Lessee pursuant to the assigned Lease shall be given to JOSEF F. BOEHM at DATED this day of , 2005. CITY OF KENAI By Title Page 3 of 3 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year hereinabove first written. ASSIGNOR: ~ ~ Development~,~and through his Attorney-in-Fact, ASSIGNEE: R~ALD J. SEDERS,-d/b/a o 'al Development · and ~hrough h~s Attorney-i ct, STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) . t~h~eed~ day of '.'" - ~'~'" J" ' e ore me. tne_. un ~-- known to me to De the 2005, b~ ' ~& ..... ' ..... . ' . ' strument as the · appeared.~s r~bed to the within in al person whose name attorney-in-fact of JOSEF F. BOEh~4, d/b/a commerci Development, as Assignor, and JOSEF F. BOEt{M, 'individually, as Assignee and acknowledged to me that (s)he subscribed the name of JOSEF F. BOE~M thereto as principal and his/her own name as attorney-in-fact, for the uses and purposes therein mentioned. wITNESS my hand and official seal. · ::, /~y.',-- ..?~.~,% , ,. . .... ~~ , · STATE OF ALASKA ) SS. THIRD'JUDICIAL DISTRICT THIS IS TO CERTIFY that on the ~ ~y Of ' 2005, beCore me the undersigned Nora Y public Page 2 o~ 3 A~SIGNMENT OF LEASE THIS ASSIGNMENT, made this day of , 2005, by ~OSEF F BOEHM of .~Z~3~ ~ ~~.~ ......... j ~ ~73'~-- ........ , hereinafter referred to as Assignor, and WILLIAM A. BORCHARD, of _ _, hereinafter referred to as Assignee. For Ten Dollars ($10.00) and othe~r valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby . assigns to Assignee, a Lease described as follows: That certain Lease wherein CITY OF KENAI is Lessor, and ROBERT L. BORGEN is Lessee, recorded March 20, 1978, in Book 122 at Page 231, for a term of 99 years, and Consent to Sublease or Assignment to Josef F. Boehm and Ronald J. Segers, d/b/a Commercial Development, recorded on December 21, 1984, in Book 253 at Page 120, Amendment to Lease recorded on January 20, 1985, in Book 254 at Page 996, and Amendment to Lease, recorded on May 3, 1988, in Book 327 at Page 66, and Amendment to Lease to Commercial Development, recorded on October 20, 1992, in Book 407 at Page 348, and further assigned to JOSEF F. BOEHM, by Assignment of Lease recorded , 2005, as Serial Number , demising premises described as: Lot 7, Block 2, Fidal~o Commercial Center, according to the official plat thereof, filed under Plat Number K-1587, Records of the Kenai Recordin9 District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the same unto the Assignee, his heirs, successors, transferees and assigns, from the date hereof for the rest of the initial term mentioned in the Lease, and any subsequent extensions or renewals thereof, which Assignee hereby expressly agrees to assume and pay, and to faithfully perform all of the covenants, stipulations and a~reements contained therein. Page 1 of 3 FRANCIS ~. NOSEK, }R., A Professional Corporation 310 K Street, Sult~ 601, Anchora/c, Alaska 99501 Assignee hereby acknowledges receipt of a copy of the above described Lease and any amendments thereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year hereinabove first written. ASSIGNOR: JOSEF F. ~O~,/b~ ahd-t'~rough his Attorney-in~gct, Dan K. Coffey AS S I GNEE: WILLIAM A. BORCHARD STATE OF ALASKA ) ) ss. THIS IS TO CERTIFY that on the ~ day of ~ ....... . ~%, 2005, before me the undersigned ~No'tary Publ-~d personally appeared DAN K. COFFEY, known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of JOSEF F. BOEHM, and acknowledged to me that he subscribed the name of JOSEF F. BOEHM thereto as principal and his own name as attorney- in- fact, for the uses and purposes therein mentioned. WITNESS my hand and official. se.~ -~'"'"" Notar~ !]~6bli~~ in and for Alaska My Commission expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 2005, before me the undersigned Notary Public personally appeared WILLIAM A. BORCHARD, who is known to me and to me known to be the person named in and who executed the above and Page 2 of 3 foregoing, and he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official seal. Notary Public in and for Alaska My Commission expires: CONSENT TO ASSIGNMENT The CITY OF KENAI, hereby consents to and approves the foregoing Assignment of Lease. Any notice required to be given to Lessee pursuant to the assigned Lease shall be given to WILLIAM A. BORCHARD at DATED this day of , 2005. CITY OF KENAI By Title Page 3 of 3 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 5, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http.//www, ci.kenaj.a k.u? 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) Larry Lewis, Alaska Department of Fish/h Game -- USFW/Private Stewardship Grants Program -- Human/Bear Cohabitation F. DeWayne Craig-- Water/Sewer Assessments, Bluff View Condominiums, 406 S. Forest Drive. , Gayle Robinson -- Intergenerational Projects (Senior High School S tu den ts / E1 ders). ITEM C: I__TEM D: _ ITEM E: _ I_TEM F: ITEM G: _UNSCtiEDULED PU!~_LIC COMMRNT~ (3 minutes) REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS  --E_~ORTS OF KEN~ CONVENTION/h VISITORS BUREAU OARD AND KENAI CHAMBER OF COMMERCE _PUBLIC HEARING8 Ordinance No. 2124-2005 -- Increasing Estimated Revenues and Appropriations by $6,388 in Two Sen/or Citizen Funds. Ordinance No. 2125-2005 -- Amending the Official Kenai Zoning Map by Rezoning Tract A and Tract B, Gusty Subdivision, Addition No. 2, From Conservation (C} to General Commercial (CG). MINUTES o ITEM H- ,, _ ITEM I: ,, 3~ o ITEM J: ,,, le 2. 3. 4. 5. 6. 7. *Regular City Council Meeting of September 21, 2005. OLD BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2126-2005 -- Increasing Estimated Revenues and Appropriations by $2,043.75 in the General Fund for a Grant From the Rasmuson Foundation Art Acquisition Initiative. *Ordinance No. 2127-2005 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Shop Repair and Maintenance. Approval-- Assignment/Amendment of Lease/Timothy & Linda Mitchell to Budget Rent a Car of Anchorage, Lot 5, Block 5, General Aviation Apron.' Approval-- Assignment of Lease/Garrison Corp. d/b/a Budget Car Rental to Budget Car Rental of Anchorage. Approval -- Separation Agreement with Linda L. Snow. Discussion -- a. Schedule Work Session/Paul Gray -- "Exploring Kenai." b. Confu'm October 25, 2005 Work Session/Airport Supplemental Plan. Discussion -- Capital Improvement Project Draft Plan COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION I~P-PORT$ 1. City Manager 2. Attorney 3. City Clerk I__TEM M: DISCUSSION 1. Citizens (five minutes) 2. Council ~CUTIVE SgSSION_ -- Personnel issues. ITEM Nj ADJOURNMENT AGENDA _ KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 19, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http'//www, ci.kenai.ak.us ITEM A: CALL TO ORDER , 2. 3. 4. .y-~ ~~e 5. 6. 7. Pledge of Allegiance Roll Call CERTIFICATION OF ELECTION ADMINISTERING OF OATHS OF OFFICE ELECTION OF VICE MAYOR Agenda Approve 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) , Larry Peek, Architect and James McConnell, Project Coordinator for Senior Connection, Inc. -- Assisted Living Project Update . Rick Baldwin :~ KEDS Update . Sharon Vannatta -- Kenai Community Library/Usage of the Library. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCH~ ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BOARD AND KENAI CHAMBER OF COMMRRCR ITEM F: PUBLIC HEARINGS Ordinance No. 2126-2005 -- Increasing Estimated Revenues and Appropriations by $2,043.75 in the General Fund for a Grant From the Rasmuson Foundation. Art Acquisition Initiative. Ordinance No. 2127-2005 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Shop Repair and Maintenance. Resolution No, 0-005-47 -- Adopting an Alternative Allocation Method for the FY06 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. ITEM G: MINUTES o *Regular City Council Meeting of October 5, 2005. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2128-2005 -- Increasing Estimated Revenues and Appropriations by $6,200 in the General Fund for a Library Grant. e *Ordinance No. 2129-2005 -- Increasing Estimated Revenues and Appropriations by $6,555.55 in the General Fund for a Boys & Gifts Club State Grant. . *Ordinance No. 2130-2005-- Enacting KMC 1.15.130 Entitled, "Telephonic participation," Which'Allows and Establishes Rules for Council Members to Telephonically Participate in Council Meetings. . Discussion-- Council/Commission Liaison Assignments r~~/-z, 7. Discussion -- 2005 Dip Net Fishery Report ' COMMISSION/COMMITTEE REPORTS . 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 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION-- None Scheduled ITEM N: ADJOURNMENT lob MEMBERS: Tom Clark Anchor Point/Ninilchik Term Expires 2007 Mari Anne Gross Southwest Borough Term Expires 2008 Lynn Hohl Seward City Term Expires 2008 Bill Hutchinson Ridgeway Term Expires 2007 Brent Johnson Kasilof/Clam Gulch Term Expires 2006 ALTERNATES: Dr. Rick Foster Homer City Term Expires 2007 Jim Isham Sterling Term Expires 2006 Mark Massion Seldovia City Term Expires 2006 A. a. C. D. E. KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. October 10, 2005 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes ao September 26, 2005 PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) SUBDIVISION PLAT PUBLIC HEARINGS ,, Kiicher Park Estates Walker Addition KPB 2005-261 [AbilityNValker] Location: East End Road in Homer K-Bay APC . Barabara Heights Subdivision Opheim Addition KPB 2005-263 [Integrity/Opheim] Location-Seldovia . Hadie A. Fellers Subdivision No 2 KPB 2005-270 [Integdty/J ones/Chesney] Location: West of Steding Hwy in Kasilof . Bell Subdivision (Revised Preliminary) KPB 2000-089 [Swan/Bell] Location: Gas Well Road in Soldotna . Beaver Brook Estates No 3 KPB 2005-265 [Johnson/Bates] Location: Kasilof area o Byington Homestead 2005 Addition KPB 2005-266 [J oh n son/Byi ngton ] Location: Kasilof area . Home Creek Subdivision No 2 KPB 2005-267 [Johnson/DeFord] Location: Hope area F, . Canyon View No 7 KPB 2005-268 [SeabdghtNValker/Hackett] Location: East End Road in Homer K-Bay APC MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held October 24, 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~h.kenai.ak.us web site: www. borouqh.kenai.ak.us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA October 10, 2005 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2008 Bonnie Heimbuch PC Member Soldotna City Term Expires 2008 Lynn Hohl PC Member Seward City Term Expires 2008 VVilliam Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 Ao Bo Co D. 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- None Plats Granted Administrative Approval Plats Granted Final Approval (20.04.070) - None Plat Amendment Request a. Canyon Meadows; KPB File 2005-081 [Seabdght/VValker] Location: End of East End Road; Kachemak Bay APC *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences *7. Minutes a, September 26, 2005 Plat Committee Minutes bo September 26, 2005 Planning Commission Minutes PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) Todd petersen. PC Member East Peninsula Term Expires 2007 Ray Taudainen PC Member Northwest Borough Term Expires 2008 Max J. Best Planning Director Dale Bagley ~ Borough Mayor E. Fo G. Ho UNFINISHED BUSINESS . Public Headng: Kasilof Beach View Street within Kasilof Alaska Subdivision Amended (KN 83-166), Section 36, T4N, R12W, S.M., AK; Location: off Kalifornsky Beach Road, approximately Mile 5, Kasilof area; ESN 302; Reason for change: duplicate name; carded forward from September 26 . Public Hearing: West Knoll Court within Carver Subdivision Part 2 (KN 72- 17), Section 5, TSN, R10W, S.M., AK; Location: off Carver Ddve, Kenai area; ESN: 302; Reason for change: duplicate name; carried forward from September 26 PUBLIC HEARINGS . Vacate a portion of a 33-foot section line easement along the south boundary of Tract A North Kenai Baptist Church Subdivision Amended (Plat KN 2003- 24) and (Plat KN 2003-76); within Section 2, and vacate a portion of a 33- foot section line and a 10-foot utility easement along the north boundary of Lot I Lindsay Subdivision (Plat KN 81-62), within Section 11, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-250; Petitioner: Denver E. Copeland of Nikiski, Alaska; Location: Nikiski area , Vacate Lacross Way and a portion of Timber Lane dedicated by Lacross Subdivision Part One (Plat KN 1720) and vacate East View Drive dedicated by Lacross Subdivision Part One and Lacross Subdivision Part Two (Plat KN 1720) & (Plat KN 77-186); within Section 23, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-251; Petitioners: Jack P. and Megan L. Lacross of Soldotna, Alaska; Location: South of Soldotna . Vacate LaToUche Circle, a 60-foot right-of-way dedicated by Lake Hills Subdivision (Plat KN 78-120); within Section I and Section 12, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-253; Petitioner: Jack D. Condght of Nikiski, Alaska; Location: Nikiski area . Vacate a portion of a 33-foot section line easement within Lot 11 Tice Acres (Plat HM 63-1146); Section 3, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005- 254. (Note: Alternate Right-of-Way will be dedicated if section line easement vacated). Petitioners: Paul Taylor and Melinda Forrest of Anchor Point, Alaska; Location: Diamond Ridge Road area o Vacate a portion of Rowen Court, dedicated by Stariski Meadows Subdivision (Plat HM 97-62); within Section 29, Township 3 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-255; Petitioner: Cloyd Moser for Modeb Investments of Anchorage, Alaska; Location: Happy Valley Area . Resolution 2005-42; Conditional Land Use Permit for modification of an existing matedal site in the Nikiski area; KPB 01212014: T07N, R12W, S02, Seward Meridian, Nikiski Village No. 2 Tract 2, 26.69 acres. Applicant: Quality Asphalt Products; Owner: Colaska Inc., dba QAP ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING I. SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS . The Plat Committee is scheduled to review 8 plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT . MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED City of Kenai Planning & Zoning Commission - September 14, 2005 . Resolution SN 2005-13: Renaming Certain Public Rights-of-way within Sections 25 and 36, T4N, R12W; Sections 1 and 12, T3N, R12W and Sections 6, 7, 8, 17, and 18 T3N, R11W; Sections 5 and 19, T5N, R10W, S.M., AK within Emergency Service Number (ESN) 302; Sections 11, 12, and 14, T6N, R12W; Section 28, T7N, R11W; Sections 27 and 34, T8N, R11W; Sections 14 and 23, T7N, R12W, S.M., AK; within Emergency Service Number (ESN) 501; as approved September 26, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held October 24, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Cooper Landing Anchor Point Meeting Location Cooper Landing Community Hall Anchor Point Chamber of Commerce Office Date October 12, 2005 OctOber 18, 2005 November 1, 2005 Time 7:30 p.m. 7:00 p.m. 7:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please vedfy the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannin~@borou.qh.kenai.ak, us web site: www. borouqh.kenai.ak.us/planningdept MEMBERS: Tom Clark Anchor Point / Ninilchik Term Expires 2005 Mari Anne Gross Southwest Borough Term Expires 2008 Lynn Hohl Seward City Term Expires 2008 Bill Hutchinson Ridgeway Term Expires 2007 Brent Johnson Kasilof / Clam Gulch Term Expires 2006 ALTERNATES: Bill Hutchinson Ridgeway Term Expires 2007 Jim Isham Sterling Term Expires 2006 Mark Massion Seldovia City Term Expires 2006 A. a. Co D. E. KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. October 24, 2005 Tentative Agenda. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. 'Agenda 2. Member/Altemate Excused Absences 3. Minutes a. October 10, 2005 PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) SUBDIVISION PLAT PUBLIC HEARINGS . Kachemak Heights Schmer-Needham Addition No 2 KPB 2005-271 . [Imhoff/Needham/Buzunis] Location: West of East End Road K-Bay APC . Stream Hill Park ~ KPB 2005-282 [Imhoff/Lehner/Taffe] Location: City of Homer K-Bay APC . Beach View Subdivision Hedges Replat KPB 2005-273 [I ntegdty/Hedges] Location' West of Kalifomsky Beach Road in Kasilof . . Airport Subdivision Emergency Center Replat KPB 2005-276 [Integrity/KPB] Location: City of Soldotna CommerCe Park 2005 Addition KPB 2005-217 [Borderline/Glacier Bldgs. LLC] Location' City of Homer . Poor Richard's Subdivision KPB 2O05-277 [Lobdell/Walker] Location: On Parson's Lake in Nikiski Wik Lake Addition Number Two KPB 2005-278 [Lobdell/Harman] Location: On Holt-Lamplight Road in. Nikiski . Mac McGahan Subdivision KPB 2005-283 [Lobdell/Rappe] Location: North Kenai Road in Nikiski o Eisa Louise Subdivision Bangerter Addition KPB 2005-279 [Segesser/Bangerter] Location: West of Moose River in Sterling 10. Clearwater Subdivision Harpring Replat KPB 2005-280 [Segesser/Harpring] Location: On Kenai River near Sterling 11. Ten Mar Ranch Sub. Stone Hollow Estates Addn. Part 2 KPB 2005-281 [Segesser/Bangerter/Arrowhead Inv.] Location: North of Whisper Lake F. FINAL PLATS . · Alpine Meadows No 5 (Final Plat) KPB 2005-186 [Imhoff/Schuster] Location: North of East End Road in Homer G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H.' ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held November 13, 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: plannin._q@.borou.ah.kenai.ak, us web site: www. borough.kenai.ak, us/planningdept Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dr. Rick Foster. PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2008 Bonnie Heimbuch PC Member Soldotna City Term Expires 2008 Lynn Hohl PC Member Seward City Term Expires 2008 VVilliam Hutchinson PC Member Ridgeway Term Expires 2007 James lsham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 Ao a. Co D. KENAi PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA October 24, 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 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. Circle Park Estates KPB File N/A [Jim Crum] Location- Off CiechanSki Road b. Alaska Railroad Seward Small Boat Harbor KPB File 2004-300 [Cline/ARRC] Location: City of Seward *3. Plats Granted Administrative Approval Plats Granted Final Approval (20.04.070) Plat Amendment Request *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences *7. Minutes a. October 10, 2005 Plat Committee Minutes b. October 10,' 2005 Planning Commission Minutes PUBLIC COMMENT/PREsENTATIONS/COMMISSIoNERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2008 Max J. Best Planning Director Dale Bagley Borough Mayor E. UNFINISHED BUSINESS 1. Vacate a portion of Rowen Circle, dedicated by Stariski Meadows Subdivision (Plat HM 97-62); within Section 29, Township 3 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-255; Petitioner: Cloyd Moser for Modeb Investments of ~ Anchorage, Alaska; Location- Happy Valley Area PUBLIc H~RINGS . vacate the sOuth 33-foot right-of-way easement adjacent to Govemment Lot 94 and vacate the north 33-foot right-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Odginal Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District; within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: Edmund C and Ids BEnders of Anchorage and John ' J Williams of Kenai, Alaska; Location: City of Kenai . Rename existing streets in conjunction with the Enhanced 9-1-1 Street Naming and Addressing Project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: ao Boundary Avenue within Clearwater Subdivision Amended (KN 92- 47), Section 28, T5N, R9W, S.M., AK; LocatiOn: off Funny RiVer Road (shown as South Avenue); ESN 302; Reason for change: duplicate name b. Ross Road within Petaluma Acres (K 1779), Section 14, T5N, R8W, S.M., AK; Location: approximately Mile 78 Sterling Highway, Sterling area; ESN 302; Reason for change: duplicate name; public headng carried forward from September 26 Co Silver Salmon Avenue within Bend in the River Subdivision (KN 75- 114), Section 23, T5N, R9W, S.M., AK; Location: north of Funny River Road; ESN 302 d. Silver Salmon Ddve within Moose River Estates (KN 74-98), Section 13, T5N, R9W, S.M., AK; Location: off Roy Avenue, Sterling area; ESN 302; Reason for change: duplicate name; public hearing carried forward from September 26 e. South Avenue within (M. Tachick Tract A (KN 78-45), Section 27, T5N, R9W Section 28, T5N, R9W, S.M., AK; Location: east of Funny River Road; ESN 302; Reason for change: duplicate name Southwind Drive within Otter Creek Subdivision (KN 80-41), Section 7, T5N, R8W, S.M., AK; Location' east of Moose River, Sterling area; ESN 302; Reason for change: suffix correction; Proposed to be Southwind Circle g. Theresa Way within Manka 'Subdivision (K 1596) and Humecky Subdivision (K 1599), Section 32, T5N, R10W, S.M., AK; Location: off Funny River Road; ESN 303; Reason for change' duplicate name h. Hoover Street (southem segment) within Garnet-Thomas Subdivision (KN 80-76) and Garnet Subdivision Tract B Addition (KN G. H. U. K. L. Mo 84-204), Section 25, T7N, R12W, S.M., AK; Location: off Holt Lamplight Road, Nikiski; ESN 501; Reason for change: duplicate name Ramona Road within Lakecrest Subdivision (KN 78-154), Sections 3 and 10, T7N, R11W, S.M., AK; Location: off Halbouty Road, Nikiski; ESN 501; Reason for change: duplicate name; public headng carried forward from September 26 Ramona .Street within Timber Hills Subdivision (KN 11-117) and Dreux Estates Subdivision (KN 83-200), Section 11, T7N, R12W, S.M.; Location: off Middleton Ddve, Nikiski; ESN 501 South Avenue within Wailers Subdivision (KN 73-35), Section 6, T6N, R11W, S.M., AK; Location: off Wallers Street, Nikiski; ESN 501; Reason for change: duplicate name South Ddve within Ernst Subdivision (KN 79-205) and Ross Subd. Searan Add. (KN 87-114), Section 14, T7N, R12W, S.M., AK; Location: south'of Alexander-Road, Nikiski; ESN 501; Reason for change: duplicate name m. Stephen Road within Miller-Bastien Subdivision (KN 73-49), Miller- Bastien Subdivision Nudson Addition (KN 85-101), Jorgensen Subdivision (KN 97-53), and Jorgensen Subdivision' Part Two (KN 2001-48), Section 13, T7N, R12W, S.M., AK; Location: off Pipeline Road; Nikiski; ESN 501; Reason for change: duplicate name n. Thompson Avenue within Speedy Hills Subdivision (KN 84-167) and Thompson Homestead Happy Hollow Acres Subd (KN 84-274), Section 8, T7N, R11W, S.M., AK; Location: off Old Lamplight Road, Nikiski; ESN 501; Reason for change: duplicate name O. Walker Street (northern segment) within North Bernice Subdivision (KN 76-160), Section 15, T7N, R12W, S.M., AK;· Location: north of Bernice Lake, Nikiski; ESN 501; Reason for change: duplicate name ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS . Plat Waiver Application: N/E.% N/W % Exc. Por. In ROW T02S R12W Sec 11 . KPB File 2005-274 KPB Resolution 2005-43 Location: Caribou Hills Petitioner: Marion E. Oskolkoff Trustee of Marion E. Oskolkoff 2004 Trust SUBDIVISION PLAT PUBLIC HEARINGS . The Plat Committee is scheduled to review 11 preliminary plats and I final plat. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . City of Kenai Planning & Zoning Commission Minutes - September 28, 2005 . Resolution SN 2005-14: Renaming Kasilof Beach View Street within Section 36, T4N, R12W and West Knoll Court Within Section 5, T5N, R10W, Seward Meridian, Alaska; within Emergency Service Number (ESN) 302; as approved October 10, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held November 14, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Cooper Landing Anchor Point Meeting Location Cooper Landing Community Hall Anchor Point Chamber of Commerce Office' Date November 9, 2005 November 1, 2005 November 15, 2005 Time 7:30 p.m. 7:00 p.m. 7:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please 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 KENA! 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: plannin.~borou~h.kenai.ak, us web site: www. borou~qh.kenai.ak, us/planningdept IZc ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~  0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 · 0 0 0 0 0 0 0 0 0 0 C) 0 0 0 0 0 T T m E T · ~ .... o > ~ < o .- - o o ~ j ~ m ~ .- ~ ~ o z ~ ~ ~ ~ 0 ~ ~ 0 ~ ~ ~ ~ ~ 0 0 %D .E 0 0 i E 03 .- m ~j 0 0 0 0,1 UO 0~i 0 0 0 0 0 0 0 v- v-- 04 0~1 0 CO 0 0 v- v- CO 0,1 CO 0 ,~' 0 v- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o PZ Resolutions Third Quarter 2005 TYPE OF PERMIT Resolution # TYPE MEE TING DA TE ACTION Amend KMC 200542 Amend Land Use Table 07/13/2005 Approved 200543 Amend Land Use Table 07/13/2005 Approved 200554 Amend CUP 05-27- Storage Bldg. 09/14/2005 Approved Conditional Use Permit 200545 Restaurant 07/27/2005 Approved Encroachment Permit 200544 Side Setback 07/13/2005 Approved Landscape/Site Plan Preliminary Plat 200557 Tesoro Alaska 09/26/2005 Approved 200547 Enders SD 07/27/2005 Approved 200548 Eagle Bluff SD 08/10/2005 Approved 200549 Boat Ramp SD 08/10/2005 Approved 200550 Shill's Estate 08/10/2005 Approved 200552 ROW Easement Vacation 08/24/2005 Approved Rezone 200546 RR- CG 07/27/2005 Failed 200553 C - CG 09/14/2005 Approved Transfer Conditional Use Permit 200556 Transfer CUP 98-45 09/28/2005 Approved TSH Development 200555 Building Permit 09/28/2005 Approved Variance 200551 Rear Yard Setback 08/24/2005 Approved 04 October, 2005 Page I of 1 N N N KENAI, ALASKA October 20~ 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX' 907-283-3014 www. ci.kenai.ak, us Lori S. Chase Planning & Zoning Commission 601 Davidson Street Kenai, AK 99611 RE' APPOINT~~. PLANNING & ZONING COMlll$$IOlt City of Kenai At its regular meeting of October 19, 2005, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. The following information in regard to your appointment is enclosed: o , , 5. 6. 7. 8. 9. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and work sessions. "Open Meetings Act" memorandum. 8/27/03 C.R.' Graves memorandum entitled, Commission and Committee Powers. KMC Chapter 14.05 entitled, "Planning & Zoning Commission." KMC Title 14 entitled, "Planning & Zoning." City of Kenai Comprehensive Plan. Alaska Planning Commission Handbook. The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7'00 p.m. in the Council Chambers. Meeting agendas and packets will be mailed to you prior to each meeting. The packet for the October 26, 2005 Planning & Zoning Commission meeting is enclosed. Also enclosed is a 2005 Public Official Financial Disclosure Statement and Instruction Manual. You are required to complete the Statement and return it to me within 30 days (November 18, ~.oo5). If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI City Clerk clf Enclosures KENAI. ALASKA October 20~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak, us Barb Nord Planning & Zoning Commission 690 Sycamore Circle Kenai, AK 99611 RE: tPI~IJtJ'MEICJ'- PLANNING & ZONING COMI~$$ION City of Kenai At its regular meeting of October 19, 2005, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. The following information in regard to your appointment is enclosed: o , . 5. 6. 7. 8. 9. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and work sessions. "Open Meetings Act" memorandum. 8 / 27/03 C.R. Graves memorandum entitled, Commission and Committee Powers. KMC Chapter 14.05 entitled, "Planning & Zoning Commission." KMC Title 14 entitled, "Planning & Zoning." City of Kenai Comprehensive Plan. Alaska Planning Commission Handbook. The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. in the Council Chambers. Meeting agendas and packets will be mailed to you prior to each meeting. The packet for the October 26, 2005 Planning & Zoning Commission meeting is enclosed. Also enclosed is a 2005 Public Official Financial Disclosure Statement and Instruction Manual. You are required to complete the Statement and return it to me within 30 days (November 18, ~.oo5). If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Carol L. Frea City Clerk clf Enclosures PLANNING ~k ZONING COMMISSION Meets Second and Fourth Wednesday- 7:00 p.m. Kenai City Council Chambers Commission Member Name Home Business Email Address Term and Address Phone Phone Ends Nelson Amen 283-6085 776-8191 nameni~_,tesoropetroleum.com 2006 P.O. Box 357 Kenai, AK 99611 Lori Chase 283-7790 252-1990 info(C_~mclennanhouse.com 2007 601 Davidson Street Kenai, AK 99611 Phil Bryson 283-4428 283-4672 2007 P.O. Box 1041 Kenai, AK 99611 *John Hammelman 283-7280 283-5507 (p) jhammelman@unocal.com 2008 4570 Kenaitze Court 776-6750 {f) Kenai, AK 99611 Barbara A. Nord 283-9678 262-4402 barbnord@acsalaska.net 2008 690 Sycamore Circle Kenai, AK 99611 Jeff Twait 283-3919 262-2493 jtwait(~_~gci, net 2006 1808 Julie Anna Drive Kenai, AK 99611 Barry Eldridge 283-7152 lridgebb(~_~ptialaska.net 2006 2679 Bowpicker Lane 283-7152 (f) Kenai, AK 99611 Council Member Rick Ross 2838497 rossrck~_,hotrnail.com 1505 Kittiwake Court Kenai, AK 99611 Council Member Cliff Massie 283-4457 abc l~gci.net 4575 Kenaitze Court Kenai, AK 99611 *Chair **Vice Chair (10/20/2005)