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HomeMy WebLinkAbout2005-09-28 Planning & Zoning Packet COMMISSION CHAIR REPORT September 28~ 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: 5a Millennium Square Rezone Millennium Square Rezone Commissioner EldridEe Staff o~ COMMISSION CHAIR REPORT September 28, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: Millennium Square Rezone Commissioner Eldridge Page 1 of 1 Marilyn Kebschull From: Nancy Carver Sent: 23 September, 2005 3:44 PM To: 'Barry Eldridge' Cc: Marilyn Kebschull Subject: RE: Millennium Square rezoning Thanks Barry I will forward this onto Marilyn & the Planning Commission as a lay down. Have a nice trip. Nancy ..... Original Message ..... From: Barry Eldridge [mailto:lridgebb@ptialaska.net] Sent: Friday, September 23, 2005 3:31 PM To: Nancy Carver Subject: Millennium Square rezoning Hi Nancy, As we discussed today at the office, I believe it is in the city's best interest to table a vote on the rezoning from suburban residential to commercial to a later date. Some members of the commission are reluctant to make changes without specific proposals requesting those changes in zoning. I believe that the city manager should make the request for a zoning change in order to enable the city to go out for a request for proposals(RFP) for developing the Millennium Square property. If we do not table it at this time and vote the change down then the city's hands are tied for the next 9 months until we can address the issue again. Please pass this on to the commission chairman and Marilyn. Thanks, Barry Eldridge 09/26/2005 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 28, 2005 - 7:00 p.m. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e *APPROVAL OF MINUTES: a. *September 14, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: So PUBLIC HEARINGS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubcnspeck 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 Agenda September 28, 2005 Page 2 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: 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 14, 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. ® *APPROVAL OF MINUTES: a. *August 24, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-53 - An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZ05-54- An application to amend Conditional Use Permit PZ05-27 to allow construction of a storage building for the property known as Lot 2, Block 17 West 60- Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Tideland Application for Shore Fishery- Discussion/Recommendation b. Commission/Committee/Board Meeting Schedules- Discussion/Recommendation 8. PENDING ITEMS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. FY 2006 Alaska Designated Legislative Grants b. Zoning Bulletin (8/10/05& 8/25/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting- Development of a Mixed Use Overlay Zone - Discussion CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 14, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chair Hammelman called the meeting to order at approximately 7:04 p.m. 1-a. Roll Call Roll was confirmed as follows' Commissioners present' Commissioners absent: Others present: C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen J. Barrett City Planner M. Kebschull, City Clerk Freas, Department Assistant N. Carver, Council Member J. Butler 1 -b. Agenda Approval MOTION: Commissioner Eldridge MOVED for approval of the agenda with the addition of a boundary map to Item 5-a. Commissioner Bryson SECONDED the motion. Commissioner Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1 'C. Consent Agenda Hammelman referred to a memorandum included in the packet from City Planner Kebschull noting a request for a change to the minutes from Cliff Baker of Integrity Surveyors. Hammelman requested to discuss the matter as Item 7-c. The Commission stated no objections. ITEM 2: APPROVAL OF MINUTES -- August 24, 2005 Moved to Item 7-c. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. IEM 4: CONSIDERATION OF PLATS -- None. ITEM 5' PUBLIC HEARINGS PZ05-53- An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet. She noted: · The property is currently zoned Conservation and the request is to rezone it to General Commercial. · The property is located on the Spur Highway adjacent to properties currently zoned General Commercial and Historic Townsite. · The requested rezone meets the criteria for a rezone. · Research of the records indicated the properties had been zoned Conservation before 1984 (original zoning) and continued after the city took over zoning. · According to the boundary map (added at the beginning of the meeting), initially when the city properties were zoned, the majority of the property around the airport was zoned Conservation. At that time, airports were an allowed use in reference to the Conservation zone. · There is some interest in possible development of the property. · It does not appear the properties need to be maintained as Conservation and their being zoned as General Commercial would be the best use of the properties. Acting City Manager Chuck Kopp -- Kopp noted the following: · Explained the need for the rezone was brought to attention as a result of increased business interest in purchasing property in the commercial district of the city. · There is now a land use constriction along the Spur Highway and as a result, the city has been analyzing properties that would otherwise be available for business development. · City records indicate the property was included in the old airport runway (should be boundary). · The properties are surrounded by commercial properties and would be a good possibility for a future business development. · The city is always interested in offering more opportunity to be available for businesses in the city and was why the rezone was proposed to the Commission. · · still there. Discussion followed in which Commissioner Bryson asked if there had been a electrical substation on the narrow tract at one time. Kopp indicated the following: There had been at one time. Although the substation had been removed, there were some remnants It was no longer an active substation. · The property was probably leased to Kenai Electric originally and then toward Homer Electric Association. There being no one else from the public to offer comments, the public hearing was closed. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 2 MOTION: Commissioner Eldridge MOVED to approve PZ05-53, an application to rezone the properties known as Tract A and Tract 13, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Commissioner Twait SECONDED the motion. Commissioner Glick asked if there was any change of their being any PCB spilled on the property since it was once used as an electrical substation. Kebschull stated, that type of investigation would take place after the rezone is approved and if there is interest for purchase or development of the properties. Bryson asked if the intent of the motion was to recommend to council the rezone be approved. Eldridge indicated yes. VOTE: IGlick Twait Barrett Yes Hammelman Yes Yes Eldridge Absent Yes IBi. son Amen Yes Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ05-54- An application to amend Conditional Use Permit PZ05-27 to allow construction of a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting: · The Commission held a public hearing and approved a Conditional Use Permit on May 25, 2005 to allow the placement of a Connex storage building to be placed at 807 Peninsula Avenue. · During the public hearing, it was noted the resolution indicated "storage" while the application specified a "Connex." · Staff indicated the application was always considered as the development proposal · The issue was not clarified at the time. · The applicant has stated desire to place a Connex or construct a building, though they may find it more desirable to build a storage unit. · Staff recommended approval. · KMC 14.20.150(h) allows for modification of final approval-- the application was basically the same as the original except the applicant would like the opportunity to construct a storage building or use a Connex. Mark Schrag, Apartment Manager -- Stated he was available for questions of the Commission. There were no questions. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 3 There being no one else wishing to speak on the issue, the public hearing was closed. MOTION: Commissioner Amen MOVED for approval of PZ05-54 and Commissioner Bryson SECONDED the motion. There was no further discussion. VOTE: Glick Yes Twait Yes Barrett Absent IHammelman Eldrid§e Yes Yes Bryson Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS-- None. ITEM 7: NEW BUSINESS Discussion/Recommendation -- Tideland Application for Shore Fishery Kebschull reviewed the K. Howard memorandum included in the packet which explained Ted J. Crookston requested the city to begin the process to allow for a shore fishery lease. A map was included showing the boundary in which the location of the area proposed to be leased. Kebschull also noted, the issue had been brought to the Harbor Commission at their September meeting and was now before the Planning & Zoning Commission as required by code. The question before the Commission was whether it approved the concept of leasing. If council determined to proceed with the leasing process, the lease would be brought forward to the Commission at a future date. Eldridge reported the Harbor Commission reviewed the application and recommended going forward with the leasing process. Ted Crookston -- Crookston explained he had been fishing in the area for many years and this year was the first he was aware some of the area in which he was fishing was city water. His other sites are within the State water area. Crookston added, he wanted to proceed with the process to formalize his ability to fish the city area. Crookston also explained more particularly the location of the site. MOTION: Commissioner Eldridge MOVED to recommend the city proceed with the necessary steps to put the area under lease as an offshore fishing area. Commissioner Twa_it SECONDED the motion. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 4 Bryson asked what advantage leasing of the area would be to the city and Kebschull responded, the lease payment to the city would be $300 a year. VOTE: Glick Yes Twait Yes Barrett Absent Hammelman Yes Eldridge Yes IBryson Amen Yes Yes MOTION PASSED UNANIMOUSLY. 7-b. Discussion/Recommendation -- Commission/Committee/Board Meeting Schedules Kebschull referred to City Clerk Freas' memorandum, included in the packet, which indicated problems arising with some of the city's commissions, committees and boards related to attendance; lack of quorum achievement; costs, including staff time and postage, etc. and requested suggestions from the members as to what might help in encouraging better attendance, etc. City Clerk Freas noted, the council recognizes the value of participation from the volunteers who make up the memberships, but problems with attendance impacts the city from costs of postage, costs of staff time involved in preparation of packets of information, collecting packet information, meeting attendance, etc., but more importantly, the impact to the members who do attend and there's not a quorum and the public who may be attending for consideration of an issue and receives no direction because of the lack of a quorum. City Council Member Buffer reviewed the intentions of the council in collecting suggestions from the different commissions/committees and boards to consider in possibly amending the code related to the current membership standards, etc. He noted, he was a proponent of what makes the most sense, which could include combining groups that have connections, i.e. Harbor/Airport, Parks/Beautification, etc. in order to maximize the efforts and make sure the public is well represented. Buffer noted, because of statute mandates, the Planning & Zoning Commission was different, but council still wanted their input as to thoughts and ideas of what might make the process work better. A lengthy discussion took place in which comments included: · The quorum concerns have not been from the Planning & Zoning Commission. · Have bi-monthly meetings. · The public impact is the driver for attendance and the feeling of accomplishment when the member leaves the meeting. · Cancel meetings if there are no agenda items. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 5 · Combine commissions/committees that have similarities, i.e. Parks & Recreation with Beautification, Harbor Commission with Airport Commission, etc. · Make sure the public feels a commission/committee meeting is something they want to come to and participate in the public process. · Earlier meetings, i.e. 6'00 p.m. or 6'30 p.m. · Change the number of members to the commission (seven to five). Appoint alternates to the commission/committee who may participate as a voting member if needed to make the quorum required. · Have seasonal meetings. · Because there are different legal requirements/responsibilities for the commissions/committees, they cannot be evaluated with the same criteria. · Be sure a council member is in attendance of meetings. · Hold joint meetings of commissions/committees when issues are of importance to two or more groups. · Consider teleconferencing ability. · Allow excused absences. · Change the day of to better accommodate meeting participation. · Expand the responsibilities of the Planning & Zoning Commission (beau tification / lan dscaping, etc.) · Provide subcommittees to commissions (currently Beautification to Parks & Recreation). · Offer a stipend. · If combining the Harbor and Airport Commissions, perhaps it should be a nine-member roster. Approval of August 24, 2005 Meeting Minutes Kebschull reviewed her memorandum included in the packet, noting she received a request from Cliff Baker of Integrity Surveys asking to have the minutes changed to clarify discussion on Resolution PZ05-52. Specifically, to change "The plat would vacate a 33-foot right-fo-way easement and replace it with a 30-foot uility easement" to state "The plat vacates a 33-foot right-of-way easement on Government Lots 94 and 105 and creates a 15-foot utility easement on both lots." MOTION: Commissioner Bryson MOVI~D to approve the minutes of August 24, 2005 and Commissioner Eldridge 8F~ONDED the motion. Bryson stated he felt the Commission should first request City Clerk Freas to review the minutes and confirm they were correctly written and they would remain the official minutes is no change is made. Separate from that, if there's a recommendation from staff that 15-foot easement be provided on each of the lots, they might provide a clarifying statement and the Commission could either concur or not concur with the intent of the statement, i.e. a letter in the record. MOTION TO AMEND: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 6 Commissioner Bryson MOVED to add an amendment concerning the intent of staffs recommendation on the location of the proposed utility easements and Commissioner Eldridge SECONDED the motion. VOTE ON THE AMENDMENT: Glick Yes Twait Yes Barrett Absent Hammelman Yes Eldridge Yes Bryson Yes Amen Yes MOTION PASSED UNANIMOUSLY. Kebschull noted, it was not a recommendation from staff as the plat the reviewed actually showed a 33' foot vacation on both sides of the lot line and replacing it with a 15' utility easement. The request for clarification was made by Baker. Bryson asked why the surveyor had an issue with the minutes if he provided a document depicting the vacation and easements. Kebschull stated she was not aware, but plat shows the easements and it was part of the record. She also noted, the Planning & Zoning Commission is advisory {on this issue} and the vacation will come back to council for approval (the plat, for some reason, was forwarded for review prior to the vacation, which is not the normal process). Bryson stated, it would make it very easy for the staff to provide the document presented by the surveyor and depict it as the intent of the motion. VOTE ON MAIN AMENDED MOTION: Glick Yes Hammelman Yes Twa_it Yes Barrett Absent Eldridge Yes Bryson Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 8' PENDING ITEMS PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) No action. ITEM 9' CODE ENFORCEMENT-- None. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 7 ITEM 10: REPORTS 10-a. City Council -- Buffer noted the following: · With the upcoming election, it was not known whether he would be returning as a council member, but he appreciated what the Commission does. · There is a regular interest on behalf of the Mayor, Council and administration to look ahead to where the future of the city is going. He hoped the momentum would continue but not get ahead of itself. · The Commission has been well-represented by Council Member Moore. 10-b. Borough Planning -- Bryson gave a brief overview of actions taken at the September 12, 2005 Borough Planning Commission meeting. 10-¢. Administration -- Kebschull reported the following: · A public hearing on the proposed Daubenspeck property rezone was scheduled for the Commission's next meeting. · An application for a building permit for the remodel of the Old Town Family Restaurant was received on behalf of the Kenaitze Indian Tribe. She explained, because the Commission was designated with the Historic District Board's responsibilities upon the sunset of the Board, and because the code requires modification of buildings in the Townsite Historic Zone to be reviewed, it would be before the Commission at their next meeting. · A copy of the 2006 Designated Legislative Grants was included in the packet for the Commission's information. Administration is developing a Capital Improvement Project (CIP) Program and the Commission will be involved in the process. ITEM 11: PERSONS PRE~ENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. FY 2006 Alaska Designated Legislative Grants Zoning Bulletin (8 / 10/05& 8/25 / 05) ITEM 13: COMMISSION COMMENTS/h QUESTIONS Eldridge reported he would be out of the area for the next several months and would like to be able to continue to serve on the Commission. He also suggested the city needs to look at where arterial streets should go and where to extend water/sewer lines. He added, he felt it appropriate for the Commission to be involved in the capital improvement project list development. ITEM 14: ADJOURNMENT MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 8 Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERI~D. The meeting adjourned at approximately 8:18 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 9 STAFF REPORT To' Planning &Zoning Commission Date- March 14, 2005 Res' PZ05-16 GENERAL INFORMATION Applicant: John Hammelman 283-7535 Chair, Planning & Zoning Commission City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Rezone- Suburban Residential to General Commercial Tract C, Daubenspeck Property Subdivision 170 Bridge Access Road 04705602 RS - Suburban Residential Vacant Mixed Use - City Center ANALYSIS General Information: This is an application to rezone this parcel from suburban residential to general commercial. This rezone is being requested in planning for future development of the area known as Millennium Square. Millennium Square includes three parcels, the FAA Field, FAA Tract and this parcel. The FAA Field and FAA Tract are zoned general commercial. This parcel is approximately 15.16 acres fronting Bridge Access Road and Frontage Road. Water is available from Bridge Access Road, Frontage Road, or Spur View Drive. Sewer is available from Spur View Drive or by extending the main along Bridge Access Road. The Comprehensive Plan Land Use Plan shows this land as Mixed Use and identifies it as part of the proposed City Center overlay zone. The Comprehensive Plan defines Mixed Use as "fosters a compatible mix of retail, service, office, public institutional recreational and multi-family residential uses." The proposed rezone will allow several of the proposed uses identified in the Comprehensive Plan and the Kenai Economic Development Strategy (KEDS) for the Millennium Square development. With the rezone to general commercial, residential 0516 Comment.doc Page 2 use would be limited to a secondary use. It should be recognized that the rezone to general commercial will not allow all of the mixed uses (residential) as proposed in the Comprehensive Plan and the KEDS Plan and to achieve those goals will require either developing a mixed use zoning definition and rezoning parcels or creating an overlay zone that allows for the variety of uses proposed for the development. City Engineer: Not available to comment. Buildinq Official: No building code issues. RECOMMENDATIONS This,' rezone is being requested by the City of Kenai's Planning and Zoning Commission to plan for future development of Millennium Square. The Comprehensive Plan identifies this area as mixed use and a part of the proposed city center overlay zone. The requested rezone meets the criteria of Kenai Municipal Code 14.20.270 for an amendment to the official zoning map. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-16 2. April 13, 2005 P&Z Minutes 3. Application 4. Map KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-16 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: City of Kenai Planning & Zoning Commission ADDRESS' 210 Fidalgo Avenue, Kenai, Alaska LEGAL:Tract C, Daubenspeck Property Subdivision- 170 Bridge Access Road PARCEL #' 04705602 WHEREAS, the Commission finds the following' 1. The subject property is currently zoned RS - Suburban Residential 2. The present land use plan designation is Neighborhood Residential/City Center 3. The proposed zoning district is CG- General Commercial 4. An appropriate public hearing as required was conducted on April 13 & September 28, 2005 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract C, Daubenspeck Property Subdivision- 170 Bridge Access Road is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, September 28, 2005. CHAIRPERSON. ATTEST: - ~ 5-do 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. Kebschull noted this rezone would prepare the Millennium Square for future development. Adding, it would change from suburban residential to general commercial. Hammelman opened the public hearing; there were no comments. closed. Public hearing MOTION: Commissioner Eldridge MOVED to approve PZ05-16 and Commissioner Glick SECONDED the motion. Commissioner Eldridge reported the KEDS Strategy Plan recommends this change as it was felt the area would be more attractive to development and it also deals with issues in the Comprehensive Plan. Bryson stated he thought it was premature to rezone the area at this time without any clear indication of what type of development would go in there. Bryson added, he believed Council should be the entity who determines the use. Commissioner Amen agreed the change would be putting the cart before the horse and requested clarification on general commercial. Kebschull explained, general commercial is not industrial but it would allow such uses as auto repair, etc. Hammelman asked how the issue was put on the agenda and Kebschull replied Commissioner Eldridge requested it. Eldridge stated, one of these days the Commission would need to follow the Comprehensive Plan and that the Planning & Zoning Commission is the entity who makes the first step to do that, not City Council. Eldridge stated he felt the Commission should Vote to make the change and if necessary, it could be changed again depending on development. He added, he believed if was not acted on now, it would be a missed opportunity. Commissioner Glick asked if the Airport Commission had a plan for use in that area and Kebschull replied they did not. Glick stated he thought waiting to see what the Airport recommends was appropriate since a portion of the area is airport lands. Eldridge asked if staff could provide the preliminary plans from the airport. It was noted the public hearing would be re-advertised. information will be included in the next meeting packet. Kebschull reported the airport Eldridge withdrew his original motion. MOTION: Commissioner Eldridge MOVED to table PZ05-16 until the Airport Commission makes recommendations as to the use of airPort lands in the area. Commissioner Twait SECONDED the motion. VOTE: Eldridge Yes Amen Yes Glick Yes Hammelman Yes Twait Yes Barrett Br~son Absent Yes MOTION PASSED UNANIMOUSLY. 210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~ KENAI, ALASKA ItADDRESS Telephone: 907-283-7535 REZONING APPLICATION PETITIONER.. '. · LEGAL DESCRIPTION City of Kenai- Planning & Zoning Commission 210 Fidalgo Avenue, Kenai, Alaska 99611 907-283-7535 ext. 235 Tract C- Daubenspeck Property Subdivision 170 Bridge Access Road RS - Suburban Residential CG - General Commercial Intended Use and/or Reason for Rezoning' Rezone would ensure best possible use of Property for future use. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. , Rezoning Application Page 2 A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Pet~ioner's Signature CHAIRPERSON ATTEST REZONING CHECKLIST: //' a. MAP _ ~-" b. SIGNATURES !2a,.,"~:d c. DEPOSIT/ADVERTISING FEE ($105) w' d. APPLICATION FORM OR LETTER .,,-' e. AFFIDAVIT OF POSTING TR. D-2 GLEN 7 TR. D-3 TR. D UNSUBDIVIDED REMAINDER SPRUCEWOOD GLEN SENIOR CT 3A FAA TRACT SPUR SUBD. SENIOR CITIZEN ADDN. RYAN'S CREEK REP[AT ED REMAINDER TR. C DAUBENSPEC TR. E ROPERTY TR. E Subject Property 16B ~ TR. B 1 j TR. C U.S.S. 104 AW STAFF REPORT To' Planning & Zoning Commission Date: September 20, 2005 Res: PZ05-55 GENERAL INFORMATION Applicant' Klauder & Company Architects, Inc. 606 Petersen Way Kenai, AK 99611 283-1 91 9 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS AHRS: KEN-274 - Building Permit Review Lot 1 6, Block 5, Original Townsite of Kenai 1002 Mission Avenue 04707120 TSH - Townsite Historic Kenaitze Senior Center Townsite Historic District - Mixed Use Kenai Municipal Code 14.20.105 (h) requires the Planning and Zoning Commission review all building permit applications for properties included in the Historic Preservation Plan. During the 1995 "Kenai Townsite Historic Survey Report" this property was identified as meeting the criteria for designation and was issued Alaska Heritage Resource (AHRS) #KEN-274. The Alaska Heritage Resources Survey (AHRS) is an inventory of all reported historic and prehistoric sites within the State of Alaska and is maintained by the Office of History and Archaeology. This inventory of cultural resources includes objects, structures, buildings, sites, districts, and travel ways, with a general provision that they are over 50 years old. Information from the Survey regarding this structure is attached. The Kenaitze Indian Tribe has purchased this structure (previously the Old Town Village Restaurant) and adjoining land. The Tribe is moving their senior program from Fort Kenay to this facility. Several improvements to the building will be needed. Attached is information from Klauder and Company identifying improvements for Phase One and Phase Two. The plans include a 0555 Comment.doc Page 2 new boiler system, replacing exterior windows, improving the HVAC system, replacing an exterior door and installing weather stripping, several modifications to the kitchen, plumbing upgrades, and numerous other modifications. Please see the submittal from Klauder and Company. With the exception of the new chase and window replacements, the modifications will be within the structure. City Engineer: Nothing additional. Building Official: No additional comments. RECOMMENDATIONS The planned modifications for this property will not jeopardize the historical integrity of this structure. In fact, as noted in the "Kenai Historic Townsite Survey Report", "The former Pharmacy/Jahrig Electric Company building has lost its historic integrity due to the many modifications it has received." Recommend approval of the proposed modification to the structure. ATTACHMENTS: · 2. 3. 4. Resolution No. PZ05-55 Application Drawings "Kenai Townsite Historic Survey Report" - Pgs. 140- 141 KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-55 TOWNSITE HISTORIC DISTRICT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TO: NAME: Klauder & Company Architects, Inc. for Kenaitze Indian Tribe I.R.A. USE Tyotkas Elder Center- Buildin~ Permit LOCATED 1002 Mission Avenue- Lot 16~ Block 5~ Original Townsite of Kenai (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04707120 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.105 has been submitted and received on: September 14, 2005 , This request is on land zoned: TSH- Townsite Historic , That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. None , Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED BUILDING MODIFICATIONS MEET THE CONDITIONS REQUIRED OF SECTION 14.20.105 AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT(S). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, Seotember 28~ 2005. CHAIRPERSON: ATTEST: Klauder & Company Architects, Inc. 606 Petersen Way, Kenai, AK. 99611-8001 (907)283-1919 Fax 283-0450 September 14, 2005 Subject: Tyotkas Elder Center Kenaitze Indian Tribe I.R.A. 1002 Mission Ave. Kenai, Alaska 99611 The Kenaitze Indian Tribe has purchased the subject restaurant facility and adjoining land and shall operate it as a lunch based senior meals program. The Kenaitze Indian Tribe has operated this. program for many years at the old Fort Kenay and shall be required to vacate their present facility by the end of September 2005. With winter fast approaching it is imperative that the subject restaurant facility accomplish mechanical improvements as soon as possible. A brief narrative of the project scope and scheduling is provided below. The project is best served by phasing of work owing to anticipated weather. Phase One of the subject project shall include the installation of a hydronic heating system utilizing a natural gas fired boiler sized to accommodate the hot water flow demands of the baseboard design system and to provide required ventilation. Barrie Lowe, Mechanical Engineer, and Jim Parker, Electrical Engineer of Thompson Engineering are producing 'For Construction Documents' for this phase of the work. The new boiler and its controls and systems shall be located in the basement inside a new room approximately 8' x 8' with a framed gypboard ceiling. This room will have a solid core wood door. The scope of work shall consist off Mechanical Improvements' · Install hot water hydronic heating system throughout building. System would use hydronic baseboard enclosures. The boiler shall be located adjacent to an exterior wall in the basement and near an existing air duct, which shall be enlarged to provide adequate air exchange for the new system. · The addition of a boiler room (wood stud/gwb enclosure) in the basement, as indicated on the drawings. The new boiler will be less than 400,000 btu, so a fire rated enclosure is not required. · Existing exterior windows in the Dining Area shall be replaced with operable windows to provide adequate air exchange. · The building is presently served by an 800 cubic feet per hour (~ ½" diff'l) gas meter which is sufficient for the new boiler requirements. A new gas line sized for the boiler will be installed to route in the basement directly to the boiler room. A combustion air duct and new flue will be installed to serve the boiler. The new flue Kenaitze Indian Tribe, Elder Center Project 1002 Mission Ave., Kenai Klauder & Company Architects, Inc. September 14, 2005 Page 2 of 2 is recommended to be installed in a rough wood framed chase to match the exterior of the existing building. Electrical Improvements: · As required to coordinate Heating and Ventilation upgrade. Phase Two of the subject project shall include structural, architectural, and additional mechanical and electrical improvements. Mark Blanning, Structural Engineer of Wince Corthell Bryson shall produce 'For Construction Documents' for structural aspects of this work. Architectural renovations and an overall scope of work are shown on the attached schematic drawings, which shall be coordinated with all disciplines required. · Replace existing exterior door, 110-1 on the north side of building and install weather- stripping and new threshold on same. · Remove existing Freezer and abandon refrigeration system for same. · Remove existing kitchen island steam table and coordinate with Owner. · Restore wall and ceiling finishes to Freezer Room 104 and supply electrical for three stand alone freezer units to occupy this space. · Remove and relocate existing beverage service at grids 8 - 9 and F to Service Area 115. · Demo existing wall and door between existing office and storage area. · Demo for new operable window in DrY Storage 103 to provide adequate ventilation. · Remove existing sheet vinyl in Kitchen 107, Dish Area 106, Dry Storage 103, Hall 101, Freezer 104, and Toilet 102. Repair and prep sub-structure for new and install new sheet vinyl in same. · Demo existing interior windows along grid E and finish to match existing finishes. · Demo existing interior double doors from Dining Room to Open Area and install single 3-0 door 108-1. · Sand and prepare existing wood floor finish in Open Area to receive carpet. · Construct new 2x6 walls at grids 5, 6 and B. Construct closet walls in Conference 108. · Construct new service counter in Conference 108. · Install new commercial carpet and pad in Open Office 110, Office 109, and Conference 108. · Construct new shelving in Hall 101 / Freezer Room 104. · Install new electrical and data/comm in Open Office 110, Office 109, and Conference 108. · Plumbing upgrades to improve the existing drainage system by way of additional venting and p-trap water seals for more positive flows and odor control. · The existing unit heater should be refurbished in its gas piping, electrical connections, and flue piping if it is retained. The decision to retain or remove this unit is leR up to the Owner relative to desired basement temperatures. · Structural upgrades and reinforcing as required to meet code. As additional consideration, we are enclosing a letter from the State of Alaska Department of Natural Resources, Office of History and Archaeology regarding the historic integrity of the subject building. klauder~alaska.net DEPARTMENT OF NATURAL RESOURCES /" DIVISION OF PARKS AND OUTDOOR RECREATION ./' OFFICE OF HISTORY AND ARCHAEOI,,OGY ? FRANK H. MURKOWSKI, GO VERNOR 560 W. 7th Ave., SUITE 1310 ANCHORAGE, ALA$tOi 9~501-3565 PHONE: (907) 269.87£1 FAX: (907) 269-8908 March 10, 2005 File No.: 3130--iR HUD 3330-6N KEN-00274 SUBJECt: Kenaitze Indian Tribe Community Service C~ntcr Phil Barn~ Bnvironmenml Planner Dowl Bngineers 4040 B Street Anchorage, AK 99503 Dear Mr. Barnes, We Imvc reviewed thc referenced project for pomntial impacts to historic and archaeological resources .unclcr Section 106 of the National Historic Preservation Act, Thc constructio'n of thc Kensitzc Indian Tribe Community Service Center would jnvo[vg rehabilitation of KEN-274 (Jahrig Electric Company) and ground disturbance in the form of an addition to thc existing building, water and ~ewer lines, additional parking, and landscaping. As t~ Jahrig Electric Company was built in excess of fifty years ago it is potentially ~Iigible for the National Register of Historic Places (NKH}'). However, information available to our. smff indicat~ KEN.274 .has lost its historic integrity and is not eligible for the NRDIP. As was stated in your letter of 2/10/05, the prOposed project ares is located within Old Town Kenai. While flsis particular area has undergone superficial ground disturbance, there is a high potential for encountering deeply buffed, undisturbed cultural deposits. However, past ground disturbance would greatly reduce the effectiveness of a pedestrian survey or shovel testing prior to project commencement. Therefore, our office is recommending an archaeologie~ monitor b~ present during all ground disturbing activities. Please contact Matgie Goatley at 269-8722 if you have any questions or if we can be of further assistance. Sincemly, Judith B. Bittner State Historic Premrvation Officer JEB:mmg 13 A~RS: KEN-274 P_roperty _Type: Other- Commercial Pharmacy/Jahri~ Electric Company ss: 1002 Mission Avenue Original Townsite Lot 16 Block 5 Date of Construction: c1940s Condition: Fair · . .... Descri tion: This frame buildin~ has a narro . i~'i'.i~:I.' measurin~ approximately, sixt ...... w rectangular lan 'estimation, since the ~ =~n meet Dy sixty feet (This isp a il~' . . 0 Contractor was n ' n permission to measure the buildin~ ~ot. able to 9et the owner,s rOof and sits o ~,. ~u is one stor w' n a concrete blo~ ~-: .... Y ~th a 9able ~' sh~ la sidi ~ ~=z~me~er-Deam foun ' ' P P n~ and corrugate ~~ ..... darvon. Narrow '.'i building. ~ d ..,=~m~ ~ooz~n9 currently sheath the Originally a Northwestern. Cannery property (construction date unknown), it was moved up the Inlet by ' boat and winched up the bluff in the late 1940s or early 1950s The windlass used to . hoist the buildin~ up the ravine also pulled out fishin~ boats at the season.s end for repairs and winter storage. The property has had a varied history in its present location. It is thought to be the first theater and first pharmacy in Kenai. The pharmacy was run by Joe and Joan Boyer in the early 1950s. A bakery and coffee shop were located here in the late 1950s and into the 1960s. In recent years the buildin9 was an electrical store and headquarters for an electrical contractor. At the time of the KTHD Survey, the prOperty was under renovation to become a restaurant. Although the origina1 design of the buildin9 is not known, it has had many alterations at its current site. The original property was very likely a simple, one-story frame buildin~ with ~able roof and shiplap siding. A shed-roofed addition was attached to the rear elevation in the 1950s. The property was remodeled again in the 1970s when, amon9 other chan~es, buildin9 wings and a basement were added. The current renovation includes, modification of window and door openings; removal of the rear win~ located on the south end of the building; replacement or coverin~ of the existin~ sidin~ with half-lo~s. Outbuildings~.. An A-frame cabin built of machined logs was constructed immediately north of the former Pharmacy/Jahri~ Electric Company buildin~ in the fall of 1995. The property owners plan to construct fourteen additional cabins in the near future. The cabins will house tourist ~ift shops, and will restaurant, operate in conjunction wi th the 140 I_ntegrity: The former Pharmacy/Jahrig Electric Company building has lost its historic integrity due to the many modifications it has received. Associated Historic Theme: None, but associated with Kenai's Post-War Growth and Post-Statehood Development Periods. N/A Because the building lacks integrity it is not a contributin~ property in the KTHD. Historical i ificance: The former pharmacy/Jahrig Electric Company property, originally a cannery structure, has had a variety of uses since it was moved to its present location, and is noteworthy as one of the early commerical businesses in Kenai prior to the City's incorporation- ..,..,. ........ ~9'~!~.i ........... ...~ -..:',~"~ ,,'??:%'~,~,...~i ......... ~ ~ii? .................. ~',~, ...... ............ · i!;~...:.~ Fibre 57. (~o~er) Pha~acy/Jahrig Electric Company, south and east elevations, 1995. Photo by S.H. Elliott. 141 g~gg-gSi:-Z06 ~966 e)lSelV '!euaN 886 XO8 'O'd '¥'~'~ =IEII~I.L N¥1QNI =IZ.LIYN=I)1 V>tSV'IV 'IVN:IN "=lAY NOISSI~ ~00 i, M=IJ.N=iO ~IOIN=IS =IZJ. 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Coligan Beaver Creek Lodge P.O. Box 4300 Soldotna, AK 99669 283-7691 Requested Action: Legal Description' Existing Zoning: Street Address: KPB Parcel #: Current Land Use: Land Use Plan: Transfer of Conditional Use Permit Lots 4 & 5, Anglers Acres Subdivision Part 3 RR- Rural Residential 1035 & 1045 Angler Drive 04939036 & 04939035 Low Density Residential/Recreation Low Density Residential ANALYSIS Mr. and Mrs. Coligan purchased the property described above in December 2004 from Mr. James H. Cowan who is deceased. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. Mr. Coligan has operated his guiding business from this location since 1988, and has been operating this business for the previous owner since 1995. Mr. Coligan will operate this business under the same requirements described in the current permit. Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ98-45, approval of the transfer should be granted. RECOMMENDATIONS Approval. ATTACHMENTS: 1. Request for Transfer 2. Resolution PZ98-45 3. Resolution PZ05-56 Clinton A. Coligan Dodie A. Coligan Capt. Bligh's CREE Kenai River, Alaska All Guided Fishing Licensed Outfitters PO Box 4300 · $oldotna, Ak 99669 · Summer (907) 283-7550 · Winter (907) 262-7919 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-45 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR' JAMES H. COWAN USE .AMEND PZ88-1.7 TO INCLUDE GUIDING LOCATED LOTS 4&5, ANGLER ACRES PART 3, 1035 &_ 1045 Angler Drive WHEREAS, the Commission finds' . , That an application meeting the requirements of Section 14.20.1 50 has been submitted and received on' August 24, 1998 This request is on land zoned' BR--Rural Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements' a. Limited to three (3) guide boats. , b, That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on' September 23, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED. GUIDING SERVICE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEM ER~..~._~, 1998. CHAIRPERSON / ./ ,, / . _. _ ._, ,_ ;..,. -... ATTEST· ...................... ............. ~LOD.GING ~&.GUIDE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR LODGING AND GUIDE SERVICE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM' JAMES H. COWAN TO CLINTON A. & DELORES A. COLIGAN FOR THE PROPERTY KNOWN AS LOTS 4 & 5, ANGLERS ACRES, PART THREE (1035 & 1045 ANGLER DRIVE), KENAI, ALASKA WHEREAS, the Commission finds' 1. That a Conditional Use Permit was granted to James H. Cowan in 1 988 and amended on September 23, 1998. 2. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on December 1 5, 2004. 4. That Mr. & Mrs. Coligan purchased the property from James H. Cowan. 5. That the transfer requires that the permit continue operation under conditions originally outlined. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR JAMES H. COWAN DBA BEAVER CREEK LODGE FOR LODGING AND GUIDE SERVICE BE TRANSFERRED TO CLINTON A. & DELORES A. COLIGAN. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING SEPTEMBER 28, 2005. CHAIRPERSON ATTEST o o ~o o o ,,, ,, · ~ E m o o · ~' iz) to o o o o o o o ~"' ~ co co o C~l o o4 o,I o o ~ c~ c0 ~.- ,,_ o o o o o o o ~1 '~- o o N  (!,) "0 0 --,,-.~ n, E ._~ o o 14'3 O O 0 0 O~ 0 0 0 O~ ,~. E.C_~ 8 ,~..~ o "~ ._iii(:::) ~-~o~ 0 0 0 0 0 0 0 0 0 0 'm...._0 WOO 0 0 0 .1::: 0 1:7 · ~o 0 0 t~ 0 0 0 0 0 0 0 0 O~ 0 0 ~ 0 LO 0 0 .m C~ 0 14') 0 0 0 0 0 0 0 0 0 0 .=-,0 ,~o-0 ~o ,-~ .eno ~0 , E'= m 0 ~>~- -o~o 0 0 0 ~. ~ 0 ~o l,X~ E E 0 0 0 ~= 0 0 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 21, 0005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s ITEM A: _ CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' , SCHEDULED PURLIC COMMENTS (10 minutes) Paul Gray -- Exploring Kenai Presentation. ITEM C: ITEM D: , , U~SCHEDULED PURLIC COMMENTS (3 minutes) REPORTS OF KPR ASSEMBLY, L~.C_-ISL&TORS AND_ COUNCr~__~ ITEM E: ..REPORTS OF KENAI CONV~.NTION & VISITORS .~OARD AND KENAI C~AM_UER OF COMM~.RC~. ITEM F: PUBLIC HEARINGS Ordinance No. 2115-2005 -- Increasing Estimated Revenues and Appropriations by 1t19,900 in the Senior Citizens Fund for Kitchen Rental. Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wild_fire Firefighfing Equipment. Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. e . . ITEM G: .. . ITEM H: ITEM I: . Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or Contractual Services Without a Competitive Bid Process from $10,000 to $25,000. Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in L/ne Item Accounts Without Approval of the City Council from $2,500 to $5,000. Substitute Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances That can be Transferred in Line Item Accounts Without Approval of the City Council From Less Than $2,500 to Less Than $5,000. Ordinance No. 2121-2005 --Amending Section 7.15.030(a) of the Kenai Municipal Code to Increase the Amount of Purchases Requiring Prior Council Approval From $2,500 to $15,000. Ordinance No. 2122-2005 -- Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. Ordinance No. 2123-2005 -- Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. Resolution No. 2005-46 -- Setting the Public Hearing Date on the Proposed Set Net Drive (From VIP Drive to Water§ate Way) Paving District. MINUTES *Regular City Council Meeting of September 7, 2005. OLD BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2124-2005 -- Increasing Estimated Revenues and Appropriations by $6,388 in Two Senior 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). Approval-- Tidelands to be Made Available for Shore Fishery Lease {Within Boundary of Alaska Tidelands Survey 272). Approval-- Boys & Girls Club Management Agreement-- Two-Year Renewal. Approval-- Airport Mission and Vision Statements Approval-- Lease of Building & Grounds/Lot 3, Block 17, Original Townsite of Kenai -- Sublease of Premises From Kenai Historical Society, Inc. to Messianic Fellowship of Kenai. Approval -- Kenai Municipal Airport/General Aviation Vehicle Parking Proposal. Approval-- Amendments to Airport Regulations, 6.05.020, Short-Term Parking Area. ITEM J: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Co_m_m__~ssion 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 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALAS~ 5:30 p.m. September 26, 2005 Tentative Agenda MEMBERS: Mari Anne Gross Southwest Borough Term Expires 2008 Mark Massion Seldovia City Term Expires 2006 Todd Petersen East Peninsula Term Expires 2007 ALTERNATES: Bill Hutchinson Ridgeway Term Expires 2007 Ao B, Co D. E. CALL TO ORDER ROLL CALL · APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Altemate Excused Absences 3. Minutes a. September 12, 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 . Clearwater Subdivision Miller Addition KPB 2005-249 [McLane/Miller] Location: Funny River Road, on Kenai River . Razdolna Subdivision 2005 Addition KPB 2005-258 [McLane/Basargin] Location: North of East End Road K-Bay APC . Big Srpuce Ranch Subdivision (Revised Preliminary) KPB 2002-149 [McLane/Lahdnt] Location: East of Sterling Hwy in Kasilof . Lind Replat James Addition KPB 2005-259 [Ability/James/Mattke] Location: East of McNeil Canyon K-Bay APC . Sangster Subdivision Hall Lake Addition e. H. KPB 2005-260 [Segesser/Sangster] Location: East of Longmere Lake FINAL PLATS . Coyote Alley No 2 Subdivision (Final Plat) KPB 2005-173 [Integdty/VVi[z] Location: East of North Kenai Road . Cooper Landing Senior Center (Final Plat) KPB 2005-155 [Mullikin/KPB, AK State DNR] Location: Cooper Landing Cooper Landing APC MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held October 10, 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~borou.qh.kenai.ak, us web site' www. borough.kenai.ak.us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA September 26, 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 Marl Anne Gross PC Member Southwest Borough Term Expires 2008 Bonnie Hembuch PC Member Soidotna City Term Expires 2008 Lynn Hohl PC Member Seward City Term Expires 2008 William Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 Ao a, Co D, E, CALL TO ORDER ROLL CALL APPROVAL Of CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncOntroversial by the Planning Commission and will be approved by one motion. Them will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. '1. Time Extension Requests a. Kalugin Subdivision N/C KPB File 2004-261 [Imhoff/Kalugin,Basargin] Location: Mordson Drive in Homer Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) *4. 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, September 12, 2005 Plat Committee Minutes b, September 12, 2005 Planning Commission Minutes PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) UNFINISHED BUSINESS 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 Fo PUBLIC HEARINGS . Rename existing streets in conjunction with the Enhanced 9-1-1 Street Naming and Addressing Project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: ESN 302 ao KaSilof Ddve within Kasilof Alaska Subdivision Amended (KN 83- 166), Section 36, T4N, R12W, S.M., AK; Location: off Kalifomsky Beach Road, approximately Mile 5, Kasilof area; ESN 302; Reason for change: duplicate name b. Kasilof Beach View Circle within Ness 1985 Addition (KN 86-193), Section 25, T4N, R12W, S.M., AK; Location: off Kalifomsky Beach Road, approximately Mile 5, Kasilof area; ESN 302; Reason for change: duplicate name C. 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 d. e. Old Kasilof Road within Old Kasilof Subdivision (KN 76-167), Sections 1 and 12, T3N, R12W and Sections 6 and 7, T3N, R11W; Savage-Bowdens Subdivision No. 2 (KN 86-185) and Savage- Bowdens Subdivision Roth Addition (KN 87-11), Section 12, T3N, R12W, S.M.' AK; Location: east of the Kasilof River; ESN 302; Reason for change: duplicate name East Knoll Court within Carver Subdivision Part 3 (KN 77-73), Section 5, T5N, R10W, S.M., AK; Location: off Carver Ddve, Kenai area; ESN: 302; Proposed to be renamed Knoll Court so the same road will have one name West Knoll Court within Carver Subdivision Part 2 (KN 72-17), Section 5, T5N, R10W, S.M., AK; Location: off Carver Ddve, Kenai area; ESN: 302; Reason for change: duplicate name g. Ray Street within Crooked Creek Subdivision (KN 84-228) and Crooked Creek Subdivision 2003 Addition (KN 2004-83), Section 12, T2N, R12W, S.M., AK; Location: south of Ichabod Ddve, Kasilof area; ESN 302; Reason for change: duplicate name; Proposed to be renamed Heames Street h. Ross Road within Petaluma Acres (K 1779), Section 14, T5N, R8W, S.M., AK; Location: approximately Mile 78 Sterling Highway, Steding area; ESN: 302; Reason for change: duplicate name Silver Fox Lane within Loon Lake Subdivision (K 1686), Sections 8, 17, and 18, T3N, R11W, S.M., AK; Location: off Paws Avenue, Kasilof; ESN 302; Reason for change: duplicate name Silver Run Place (northern segment) within Kenai River Acres Subdivision Amended (KN 74-29), Section 19, T5N, R10W, S.M., AK; Location: off Big Eddy Road; ESN: 302; Reason for change: duplicate name G. k. Silver Salmon Drive within Moose River Estates (KN 74-98), Section 13, T5N, Rgw, S.M., AK; Location: off Roy Avenue, Sterling area; ESN 302; Reason for change: duplicate name ESN 501 Jasper Lane (northem segment) within Inlet Glen Subdivision (KN 85-97), Section 14, T6N, R12W, S.M., AK; Location: off Sharon Avenue, Nikiski; ESN 501; Reason for change: duplicate name m. Lewis Lane within Chester Egner Tract A (KN 74-60), Section 11, T6N, R12W and Wise Subdivision (KN 85-202), Section 12, T6N, R12W, S.M., AK; .Location: east of the Kenai Spur Highway, approximately Mile 17, Nikiski; ESN 501; Reason for change: duplicate name n. Lighthorse Way within March Acres (KN 77-160), Section 28, T7N, R11W, S.M., AK; Location: north of March Lake, Nikiski; ESN 501-; Reason for change: sound alike of an existing ~name Oo 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 po Ron's Way within Lafleur's Lagniappe Subdivision Addn. I and Replat of Tract 1, 2, and 4, Block I and Tract 1 Block 2 Lafleur's Lagniappe (KN 79-86), Section 27, T8N, R11W, S.M., AK; Location: off Wanda Ddve, Nikiski; ESN 501; Reason for change: duplicate name qo Ross Street within Ross Subdivision Addition No. 1 (KN 77-46), Section 14, T7N, R12W, S.M., AK; Location: off Alexander Road, Nikiski; ESN 501; Reason for change: duplicate name North Shore Lane within North Shore Estates Subdivision (KN 78- 35), Section 23, T7N, R12W, S.M., AK; Location: north of Cabin Lake, Nikiski; ESN 501; Reason for change; duplicate name S. Shore Way within North Shore Estates Subdivision (KN 78-35), Section .23, T7N, R12W, S.M., AK; Location: off Cabin Lake, Nikiski; ESN 501; Reason for change: duplicate name North Shore Lane within Rambling Rose Estates (KN 84-177), Section 34, T8N, R11W, S.M., AK; Location: north of Daniels Lake, Nikiski; ESN 501; Reason for change: duplicate name . Ordinance 2005-39; An Ordinance authorizing the. sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at other than fair market value. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) . Resolution 2005-41; A Conditional Use Permit pursuant to KPB 21.18 for the realignment of Stadski Creek, the construction of a temporary detour bddge upstream of the existing culverts, the replacement of the existing culverts with a clear span bridge, and the construction of a pedestrian access walkway to Stadski Creek. H. VACATIONS NOT REQUIRING A PUBLIC HEARING . Vacate only that portion of a 10-foot utility easement to accommodate an encroaching structure on the east boundary of Lot 7 Block 10 Fairview Subdivision (Plat HM 56-2936), within section 18, Township 6 South, Range 13 West, Seward Meridian, Alaska, the City of Homer and the Kenai PeninsUla Borough. KPB File 2005-252 SPECIAL CONSIDERATIONS . August 8, 2005 Plat Committee Denial of Conditional Preliminary Approval of Wellenstein .Subdivision KPB File 2005-183 ~ [Seabright/Weilenstein] Location: Kachemak City SUBDIVISION PLAT PUBLIC HEARINGS . The Plat Committee is scheduled to review 5 preliminary plats and 2 final plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS . New Plat Committee (5 Members) M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . Anchor Point Advisory Planning Commission Meeting Minutes - September 6, 2005 . City of Kenai Planning & Zoning Commission Minutes - August 24, 2005 . Resolution SN 2005-12: Renaming Certain Public Rights-of-way within Towle Subd. Add. No. 6 (SW 77-1), Sections 28 and 33, T5N, R3W, S.M., AK within Emergency Service Number (ESN) 801; U.S. Survey 3351 (SW 3351) and U.S. Survey 3352 (SW 3352), Section 25, T4N, RIW, S.M., AK within Emergency Service Number (ESN) 601; and Camelot by the Sea Subdivision (SW 76), Section 23, T1N, RIW, S.M., AK within Emergency Service Number 752; as approved September 12, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held October 10, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission. Meeting Location Date Cooper Landing Cooper Landing Community Hall October 12, 2005 Anchor Point Anchor Point October 11,2005 Chamber of Commerce Office The Kachemak Bay Advisory Planning Commission is inactive at this time. Time 7:30 p,m. 7:00 p.m. 7:00 p.m. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714.22.00 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: ~31annin~@borou,qh.kenai.ak. us web site: www. borouqh.kenai.ak, us/plannin.qdept N I BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF JAMES A. KREIN TO GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT OF PATRICK J. DOYLE. Case No. BA-05-2 I. DECISION The appeal is DENIED and the amendment to the permit is granted with these three additional conditions' 1) The excavation may not penetrate the subsurface clay/silt layer located approximately 30 feet below the original ground surface. 2) The fence located on the rear of the site must be repaired prior to any excavation below the ground water table. 3) If fill material is placed in the pits, it must be fill material originally from this 55-acre site and it must not contain any "hazardous substances''~ waste.''2 or "industrial waste," "mining waste," "solid waste, " or "other II. BACKGROUND AND PROCEDURAL HISTORY On May 12, 2005, Patrick J. Doyle (Doyle) filed an application to amend his conditional use permit for the surface extraction of natural resources to allow excavation below the water table.3 The permit is for extraction of gravel, i.e. a gravel pit. The permit covers a 55-acre parcel located at 2369 Beaver Loop Road in Kenai. The Beaver Loop area has six other gravel pits run by other operators. Three of' the other gravel operators have permits allowing them to excavate below the water table. The original permit was issued in 1976 to River Bend Sand and Gravel. In 1985, it was transferred to Doyle after he and his wife purchased the property. See definition of "hazardous substance" in AS 46.03.826(5). See definitions in AS 46.03.900. KMC 14.20.158(b) m, KREIN DECISION Page I of 7 Two areas of Doyle's gravel pit were identified in the application. Area 1 has been previously excavated above the water table. Area 2 has not been excavated. On June 8, 2005, the Kenai Planning and Zoning Commission held a public hearing on the amendment application. James A. Krein (Krein) testified against the application. He stated there are several gravel pits operating in the area excavating below the water table. The homes in the Beaver Loop area use wells for their drinking water supply. He was concerned about the quality , of water for the residents of the area. He felt that further excavation below the water table could damage the aquifer by causing contamination to the water and reducing the amount of water available to the area residents. Doyle also testified. He stated he would be excavating about six feet and the excavation would not affect negatively the water table. He said he planned to excavate Area 2 and use that area for disposing of overburden. Area 1 would be left as a lake after excavation below the water table. The Commission voted four to one in favor of granting the amendment. On June 23, 2005, Krein filed this appeal with the City Clerk.4 The Board of Adjustment held a hearing on the appeal on August 17, 2005. Four persons testified during the hearing. Krein testified that he was concerned about contamination of the neighborhood wells in the Beaver Loop area. He was also concerned that the area has been drying out and was concerned it might be caused by the gravel pits in the area. He stated there was a need for gravel and that the pits did service a need in the community. '~ KMC 14.20.290 KREIN DECISION ' " Page 2 ol;'~' Dave Yragui (Yragui) testified that he did not think the gravel pits would harm the residential wells in the Beaver Loop area. He Stated there was a heavy clay and silt level about thirty feet below the surface in the area and that the ground Water did not penetrate that layer. He testified that the residential wells in the area were required by the state t° be below the clay/silt layer in order to make sure surface water (and any contamination in the surface water) does not get drawn into their wells. Because of that he felt the possibility of contamination to the residential wells in the area was minimal. Doyle testified that he did not intend to dig through the clay/silt layer. He stated there could be no contamination to the nearby residential wells because they draw water below that clay/silt layer and the surface water cannot penetrate through the clay/silt layer. Mike Ashwell also testified. He also was concerned about contamination of the ground water if excavation were to go below the clay/silt layer. Additionally, he was concerned about possible contaminated fill being used in Area 2 for fill and that the quality of the ground water would be harmed by the excavation in the ground water table. He, like Krein, acknowledged the need for gravel. 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 KREIN DECISION Page 3 of 7 end shall have all the powers of the body from whom the appeal is taken.''s 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 property owners into consideration, it may not base its decision solely on neighborhood support or opposition.6 IV. DISCUSSION AND FINDINGS KMC 14.20.158(b) states, "A permit holder may amend his site plan and statements by filing an application for amendments in writing the administrative official. The Commission shall approve the application for amendment if the original application would have been approVed had it contained the provisions of the applications for amendment." KMC 14.20.154 contains the requirements for granting an original application for a permit. Three of the other six gravel pits in the area have received permits to excavate below the water table. Those pits include lakes as part of their reclamation plan. The original reclamation plan of Doyle's permit was to develop a residential subdivision. Doyle now seeks to amend his reclamation plan to include a lake and a residential subdivision. The previously excavated area, Area 1, has been excavated back to the north property line. The .Kenai Municipal Code requires a 150 foot buffer from adjoining property lines. The use of this property as a gravel pit, and the excavation up to the north property line, is a non- conforming use, i.e. it pre-dates the city's assumption of zoning powers and the adoption of the Kenai Zoning Code.7 Generally, non-conforming uses are not allowed to be enlarged or increased.8 However, under the "diminishing asset .doctrine" as adopted by the Alaska Supreme KMC 14.20.290(b)(2) Anchorage Coalition v. Coffey, 862 P.2d 168, 172 n. 11 (Alaska 1993) KMC 14.20.050 KMC 14.20.050(0 "'KREIN DECISION Page 4 oi' 7 Court, excavation down into the water table would not be considered to enlarge or increase the 9 non-conformity of the use. The property is fenced across the front portion of the lot behind the residential lots. Additionally, the entrance is gated on the road to the pit. There is a barrier fence on the back property line. However, it has sustained some damage and needs to be replaced or repaired. The notice of appeal filed by Krein cited the "potential for the water supply to be compromised either through turbidity or disruption of flow through the aquifer.''~° (Emphasis added). The notice further objects to the permit "... because the addendum [permit] as passed will allow removing the natural filtration and replacing it with overburden which could potentially harm my or any of the Beaver Loop residential wells.''l~ A memorandum submitted by City Engineer Jack LaShot states that, "Excavation below the water table has been allowed at other sites in the area, including the pit immediately adjacent to the west. History does not indicate that groundwater quality has been compromised.''~2 LaShot further states, "It is not expected that groundwater turbidity or flow would be affected at the nearest possible location of down-gradient residential water wells.''13 While there are statements in the record regarding speculation about the potential for ground water contamination, we can find no evidence to indicate there either there will be or even probably will be ground water contamination should the amendment be granted. Nonetheless, we feel precautions should be taken to minimize such a risk. 9 Stephan and Son, h,c. v. Municipality of Anchorage Zoning Board of Examiners and Appeals, 685 P2d 98, 101-103 (Alaska 1984) ~0 Appeal Record at BA-2f ~ Id at BA-2f ~2 Id at BA-2h ~3 Id at BA-2h KREIN DECISION Page 5 of 7 The Kenai Zoning Code states the amendment should be approved if, "the original application would have been approved had it contained the provisions of the application for amendment." We find that the original application would have been approved if it contained the provisions of the application for amendment. However, as noted in Section II, above, the Board has the right to add conditions to the permit if it feels such conditions are needed. We find that three additional conditions should be added to the conditions imposed by the Commission. They are as follows: 1) The excavation may not penetrate the subsurface clay/silt layer located approximately 30 feet below the original ground surface. 2) The fence located on the rear of the site must be repaired prior to any excavation below the ground water level. 3) If fill material is placed in the pits, it must be fill material originally from this 55-acre site and it must not contain any "hazardous substances''~4 or "industrial waste," "mining waste," "solid waste," or "other waste.''is V' CONCLUSION The appeal of James A. Krein is denied. The amendment to the permit is granted. However, the additional three conditions noted above are added to the conditions imposed on the amendment by the Planning and Zoning Commission. DATED this 16th day of September 2005. See definition of "hazardous substance" in AS 46.03.826(5). See definitions in AS 46.03.900. "KREIN" DECISION Page 6 of 7 Pat Porter, Chair Joe Moore, Vice-Chair Linda Swarner, Board Member Cliff Massie, Board Member Rick Ross, Board Member James Butler, Board Member DISSENT I respectfully dissent from the decision of the majority. While I agree that the three additional conditions imposed by the Board are necessary, they do not mitigate the problem raised by Krein and Ashwell regarding the drying out of wetlands in the area. Their testimony indicates the gravel pits in the area have caused some of the nearby wetlands to dry up. It appears granting the amendment to allow excavation below the water table in this case will worsen the problem. Because of that I cannot find the "need for the particular resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners," as required under KMC 14.20.154(a)(9). I would, therefore, grant the appeal and reverse the decision of the Planning and Zoning Commission to allow excavation below the water table. Blaine D. 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. KREIN DECISI0'N Page 7 of 7