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HomeMy WebLinkAbout2010-06-09 Planning & Zoning PacketI. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Commissioner Roy Wells Commissioner Phil Bryson CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 9, 2010 7:00 p.m. *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. *May 26, 2010 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -17 Wild Rose Subdivision, TAY Addition (A subdivision of Tract A Wild Rose Subdivision, Kenai River Addition). Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. 7 b. PZ10 -18 Karen Subdivision Moore Addition No. 2 (A resubdivision of Lot 3A Karen Subdivision Moore Addition). Plat submitted by Whitford Surveying, PO Box 4032, Soldotna, Alaska 13 5. PUBLIC HEARINGS: a. PZ10 -13 A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council adopt updated ownership, zoning, and land use maps for the Comprehensive Plan for the City of Kenai 17 b. PZ10 -15 An application for a 4.8 foot side -yard setback variance for the property known as Lot 12, Block B, Beaver Creek Alaska Subdivision (6384 Kenai Spur Highway). Application submitted by Zach H. Johnston, Peninsula Powersports, 6384 Kenai Spur Highway (P.O. Box 2886), Kenai, Alaska. 35 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. *PZ10 -16 Application for a home occupation permit for a daycare for the property known as Lot 2, FJB Subdivision (409 North Gill Street, Apt. A), Kenai, Alaska. Application submitted by Tamara Medcoff, PO Box 1815, Kenai, Alaska. 47 b. PZ09 -30 Conditional Use Permit Lynford Disque dba Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1 /2 W1/2 NW1/4 NW1/4). Discussion /revocation hearing. 55 Agenda June 9, 2010 8. PENDING ITEMS: 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Page 2 9. REPORTS: a. City Council 59 b. Borough Planning 0, Administration 11. INFORMATION ITEMS: Grant Lake /Falls Creek Hydroelectric Project Initiation of Consultation Kenai Hydro, LLC 63 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *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. *May 12, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -14 Redoubt Terrace Subdivision Stockdale Replat (A resubdivision of Lots 15 and 16, Block 6, Redoubt Terrace Subdivision Addition No.). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property Discussion/Recommendation S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 26, 2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (4/10/10 4/25/10) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: 1 ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers, G. Brookman Staff /Council Liaison present: Assistant City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. MOTION: Agenda Approval Commissioner Romain MOVED to approve the agenda as presented and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. MOTION: Consent Agenda Commissioner Wells MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION MAY 26, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES *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. Approved by consent agenda. ITEM 2: *APPROVAL OF MINUTES May 12, 2010 2 Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ10 -14 Redoubt Terrace Subdivision Stockdale Replat (A resubdivision of Lots 15 and 16, Block 6, Redoubt Terrace Subdivision Addition No.). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ10 -14 and Commissioner Wells SECONDED the motion. Acting City Planner Carver reviewed the staff report included in the packet which recommended approval of the plat with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to be heard, the public hearing was closed. There were no Commissioner comments, VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW BUSINESS 7 -a. Discussion /Recommendation Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property. Carver reviewed the memorandum included in the packet. MOTION: Commissioner Wells MOVED to recommend approval of the lease and Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 2 3 Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Commissioner comments included: Timing was critical for this lease. The lease was for a portion of the property, not the whole. The lease replaced a Special Use Permit previously held. The Special Use Permit had expired and the code had changed. The lease was a housekeeping measure to bring the property into compliance. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: REPORTS PENDING ITEMS None 9 -a. City Council Council Member Molloy noted the following: He reviewed the May 19, 2010 City Council meeting action agenda which was included in the packet. He reviewed the budget work session of May 24, 2010, noting the ordinance to approve the FY2011 budget would be up for public hearing at the June 2, 2010 City Council meeting. A work session on water treatment methodology would be held at 5:30 p.m. on June 2, 2010 before the council meeting. An appeal of the Commission's decision on the Conditional Use Permit filed by David Goggia was submitted. Deputy City Clerk Hall noted the appeal by David Goggia had been withdrawn earlier in the day. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda items of the May 24, 2010 Borough Planning Commission meeting, noting the City of Homer's Comprehensive Plan had been submitted for acceptance and approval. 9 -c. Administration Carver thanked Council Member Molloy for information on the lease process and noted there would be a Parks Recreation Commission Work Session on May 27, 2010 to discuss plans for the park on Marathon Road. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 a. Zoning Bulletin (4/ 10/ 10 4/25/ 10) PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 3 4 ITEM 12: ITEM 13: MOTION: COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:17 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 4 5 To: Planning Zoning Commission Date: May 27, 2010 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: STAFF REPORT Integrity Surveys, Inc. 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 Preliminary Subdivision Plat Addition A resubdivision of Tract A Wild Addition, Plat No. 2004 -65 KRD 1403 Barabara Drive 04912071 RR Rural Residential Residential Rural Residential ANALYSIS This plat reconfigures existing Tract A, which is 4.12 acres, into five smaller lots. The properties are zoned Rural Residential. All five lots meet the minimum lot size requirement for the zone. Plat shows a private 6 -foot access easement between Lots A3 and A4. The easement will provide private access to the Kenai River. There is an existing structure on Tract A. The surveyor has provided an overlay of an as- built showing the existing structures. The final plat will be required to verify that no encroachments are created by the plat. The parcels will be accessed via Tay Court from Barabara Drive. Tay Court must be built to City of Kenai development standards. The City will require an installation agreement for development of this street and the street must be built and accepted by the City prior to recording the final plat. Kenai Municipal Code 14.10.080(b)(2) provides alternatives to completion of the improvements prior to recording of the final plat. At a minimum the following improvements will be required for subdivision of this property: 1. Street and drainage plans must be designed and stamped by an engineer licensed in the State of Alaska. 2. Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. 3. Street will require a minimum 24 -foot paved surface, with 2 -foot shoulders 7 262 -5573 Res: PZ10 -17 Wild Rose Subdivision TAY Rose Subdivision Kenai River PZ10-17 Comments Page 2 and approved excavation and backfill. 4. Signage including a stop sign, street sign, and either "No River Access" or "No Outlet" signs (to be determined) will be required. 5. Back slopes must be top soiled and seeded. 6. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. As -built drawings must be submitted to the City of Kenai in both paper and digital format (pdf &AutoCAD). Kenai Municipal Code 14.10.070(b)(2) requires a minimum street width of sixty (60) feet. The Commission may lessen this to a minimum of fifty (50) feet. The Public Works Director has reviewed the proposed subdivision and supports a reduction of the required width to the fifty (50) feet as shown on the preliminary plat. City water and sewer are not available. Plat indicates Lots Al, A2 and A5, will be served by a community water system. Lots A3 and A4 will be served by the existing utilities on the property. The existing systems and the proposed community water system must be ADEC approved. Building Official: No building code issues. Public Works Director: Prior to recording final plat, the developer must meet with the City to finalize the installation agreement. No construction of the required improvements shall be started until the agreement is signed by all parties and plans for the improvements have been reviewed and approved by the City. RECOMMENDATIONS Recommend approval with the following requirements: Plat note 2 requires a 25 foot building setback. Plat note 5 should specify City of Kenai construction standards. Include property owners name on plat. Requested street name is Tay Court. Prior to recording final plat, an as -built survey must be provided to verify the subdivision does not create encroachments for the existing structures. An installation agreement must be formalized with the City of Kenai addressing the minimum improvements listed above. However, the final agreement may include additional requirements determined as the plan is reviewed. ADEC approval for on -site water and septic systems serving the subdivision. ATTACHMENTS: 1. Resolution No. PZ10-17 2. Preliminary Plat 8 the ety KENAI, SKA 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 Wild Rose Subdivision TAY Addition was referred to the City of Kenai Planning and Zoning Commission on May 26, 2010, and received from Integrity Surveys, Inc. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not 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 required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. a. Show all existing structures on Tract 8. Street names designated on the plat are correct. a. New street name should read Tay Court CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -17 SUBDIVISION PLAT 9. CONTINGENCIES: a. Plat note 2 requires a 25 foot building setback. b. Plat note 5 should specify City of Kenai construction standards. c. Include property owners name on plat. d. Requested street name is Tay Court. e. Prior to recording final plat, an as -built survey must be provided to verify the subdivision does not create encroachments for the existing structures. f. An installation agreement must be formalized with the City of Kenai addressing the minimum improvements Listed above. However, the final agreement may include additional requirements determined as the plan is reviewed. g. ADEC approval for on -site water and septic systems serving the subdivision. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES WILD ROSE SUBDIVISION TAY ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 9.2010. CHAIRPERSON: ATTEST: 9 z O 1— a UJ 0 v 0 m a1� 4]nn5 BOW E N gi i 1 .0009 ,9L'0i M.00 ,1.1.00N MOH ,09 10 s th4, •2 anz..tQ mtv Tamar ,L 0051 40 .pqa v J ©gwnag mgmipa onQlminm 0 ,2 auewasb3 A0910 ,0l A .e G N C w 0 0 U I F w U J e i a n n t* 1 oor I ztf ils 1 J 1 -J l 11 a 1 s 1 I fi F 1 3 41 E51 S t h s a in z WETI IY tzig. i4166 g b o S S E 1I n u gh Vggl- g C !P o Lid aa r� V" X 0 11 LX to Loe opiuvoin Non L 3 N EQC 1' H O,ILOON d 0 3vf'ts it 09 aePx sry e J 7c vro a› at- -4 4 g STAFF REPORT To: Planning Zoning Commission Date: May 27, 2010 Res: PZ10 -18 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Whitford Surveying P.O. Box 4032 Soldotna, AK 99669 Preliminary Subdivision Plat No. 2 A resubdivision of Lot 3A (KN2002-99) 3936 Beaver Loop Road 04104011 GC General Commercial Residential GC General Commercial 13 260 -9092 Karen Subdivision Moore Addition Karen Subdivision Moore Addition ANALYSIS This plat subdivides a 1.26 acre parcel in 2 smaller parcels. The new Lots 3B and 3C are 25,834 square feet and 28,871 square feet. These parcels meet the minimum lot size for the General Commercial zone. Public water and sewer are not available. The lots will be served with on -site water and septic systems. Plat shows existing wells on Lot 3B and Lot 3C, as well as a proposed new Class "C" well located on Lot 3B. All systems must meet ADEC certification. In 2009, the Planning and Zoning Commission approved Resolution 2381 -2009 requiring building setbacks in the commercial /industrial zones. It appears an encroachment may exist on Lot 3C. The plat does not increase the non conformity. Any future building additions on this structure may require additional zoning permits (encroachment /variance). The parcels are zoned General Commercial. The plat shows the structures on each lot as "homes." Residential use is only allowed as a secondary use in this zone. Residential use is only permitted with a business being the primary use. These homes are considered non conforming under KMC 14.20.050 which means the use may continue but may not be expanded. And, should the structures be destroyed to an extent of more than fifty percent (50 of its replacement cost at the time of destruction, it cannot be reconstructed except in conformance with existing codes for the zone. 4b PZ 10 -18 Page 2 Lots 313 and 3C will share one common access to the Kenai Spur Highway until an additional access is approved by the State of Alaska Department of Transportation. Because both properties have frontage along the Kenai Spur Highway (a developed right of -way), no installation agreement is required. Building Official: No building code issues. RECOMMENDATIONS Recommend approval with the following requirements: Require a plat note identifying the non conforming status of the structures on the plat as defined by Kenai Municipal Code 14.20.050. ATTACHMENTS: 1. Resolution No. PZ10 -18 2. Preliminary Plat 14 the a!y o� KENAI ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -18 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 Karen Subdivision Moore Addition No. 2 was referred to the City of Kenai Planning and Zoning Commission on May 27, 2010, and received from Whitford Surveying. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned GC General Commercial and therefore subject to said zone conditions, 2. Water and sewer: Not 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. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Require a plat note identifying the non conforming status of the structures on the plat as defined by Kenai Municipal Code 14.20.050. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KAREN SUBDIVISION MOORE ADDITION NO. 2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 9, 2010. CHAIRPERSON: ATTEST: 15 16 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ1O -13 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL ADOPT UPDATED OWNERSHIP, ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, The Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, Kenai Municipal Code requires the Commission to review the Comprehensive Plan on an annual basis; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Amendments to the Official Zoning Map require updates to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the last update to the Zoning and Land Use Plan maps in the Comprehensive Plan occurred in June of 2008; and, WHEREAS, Amendments to the Official Zoning Map have occurred since June 2008 requiring an update to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, since 2003 the Land Ownership map within the Comprehensive Plan has not been updated; and, WHEREAS, the Land Ownership map within the Comprehensive Plan should be updated to show current land ownership in the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council update the City of Kenai Comprehensive Plan with adoption of the updated City of Kenai Land Ownership, Zoning, and Land Use Plan Maps as shown on Attachment A, Attachment B, Attachment C and Attachment D. Dated at Kenai, Alaska this 9 day of June, 2010. Chairman: ATTEST: 17 19 n U 41 rf[iriaillllf fillllll llll 1 1 21 23 25 W ti vl izo tiD O EN tt N. U w A •S C. N N I o w O W W A U EN v •N EN 1:14 0 gra CO N 0 m cti LL J 0 Z 0� m LL Z 2 e ca. a a co co 0 0 o N N co N V CO 0 CO (1) CE 12 cc NJ N o CC Qf C6 CC O a, a c e 6 2 a a n g a n a qa. Q 0. 0. u o a CO CO OD 0 O 0 N o N N CO CC CC O 41 CC 4 c c C CC CC CC W 0) W N 0 N 27 G C C 14 8 re IX CC CO 03 CD 0 0 0 N N N M 4 H No Action. Central Mixed Use Zone (CMU) Ongoing No Action. No Action No Action No Action has been taken. Administration has recommended against overlay zones. Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Ongoing. "ld3a avai e E o Ili c c as N J W ce D Targets area defined for city center development planning D Promotes intensive mix of private and public activities, discourages inappropriate uses in city center D More attractive city center D Safer vehicular and pedestrian circulation in city center, more efficient use of parking D Strengthens mix of compatible uses in city center D Intensifies public activities in city center D Promotes year -round use of public buildings D Protects scenic views of Kenai River, Cook Inlet, and Chigmit Mts. D Defines City's vision for the property and strategy for development D Sets up a financing mechanism to fund a vital, year round, dean and safe city center D More attractive environment for city center a. IMPLEMENTATION MEASURE City Center /Millennium Square Revise zoning code to create city center "overlay zone" Revise zoning code to create mixed use zone in city center Update beautification plan for city center Develop circulation and parking plan for city center Focus senior housing and related facilities and multi- family residences in and near city center Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business Improvement District (BID) Provide public amenities in dty center Provide incentives such as tax abatement to foster private re- investment in city center 2 )3 E2 Tv' E� f 2 #2 o E ®a E_§ -0 g //o 22 2 E w §8§ k o. Q B m as ni m 2 k K E w a -o -o t k E a k k k I 11 Reviewed in 2006. Decision not to update at the time but to reconsider in the future. 1d3a av31 0 to 03 cn 1- -J M w Ce 11/1111G1 111111111 ay1.101 C Partner with native groups to insure that development plans respect the historical chL.'ikr i4'+ ci+c Incentives for redevelopment of this important city asset Facilitates private investment consistent with TSH District standards 39 A0IIOd 3 0 eo IMPLEMENTATION MEASURE City, Center/Millennium Square. t w 3 2 o k 8 E a 2 id E S _0— k O f 8 -0 Review and update Townsite Historic District design standards 29 co a E-- co Pending Limited Commercial Zone/Updated KMC 14.25 Updated KMC 14.25 Pending Central Commercial, Limited Commercial, and Central Mixed Use Zones CC/LC /CMU 6ulo6u0 1d3U 1n/31 Planning Dept. P&Z Planning Dept. Building Dept. Planning Dept. Building Dept. a co w ce Inclusion of standards to reserve open space and parklands in new subdivisions. Promotes infill of existing lots already served by city services. Retention of natural vegetation in new subdivisions. D Encourages creative subdivision designs. Provides for opportunity to add flexible zoning standards such as overlay zoning and mixed use zoning. D Promotes the siting and design of land uses that are in harmony and scale with surrounding uses Minimizes impact on established neighbor- hoods from incompatible, non residential uses Provides incentives to promote creative neighborhood design Allows for residences near commercial amenities and services Encourages residential variety and options Provides for adequate affordable housing Ensures an adequate supply of land is available for future residential uses AOIlOd IMPLEMENTATION MEASURE RESIDENTIAL NEIGHBORHOODS Subdivision and Zoning Code Revisions Review and update existing site design standards, landscaping and open space requirements Review and update zoning district standards and procedures Revise landscaping standards and require larger setbacks between incompatible uses (14.05, 14.25, 14.20, 14.24) Zoning Code, Land Use Table and Development Requirements Table Include standards for various housing types and densities Revise code to allow residential uses in the commercial areas Monitor types of residential development and rate of growth Support federal and state programs for affordable housing 30 J w Y U -J 0 a U 0 O 0 0 Z 0 0 o at 0 N Q D C I Q. C C p C CO al (9 co E E co O E ro a_ 8 ro A A A 0 0 A N 0 c 5 ro g m E Ei N A 8 c AE U vi 2' c a�� C s, r N Y 8 rr r J U c o c E 0 ro a1 OI co C •5 Y E. Fa x,43 0.. cc a. a) (u a E m Cat tv 8 c c m E n 8 2 0. m 0 c C o p N f0 U E w C N O 7 N N 9 N v of al 13 a) N (1) 5O W A, L D.• E A A A rn0 c (v c (6 U 0. E a) ro .0 N e E >a N a7 m y "2 a) co S 4 C E w cn la m s 0 co d N Q. y c m a) T CO •0 .0 U) rn c co su E C b �QE v a '5 Y3 V O C •c 41) E -R 5 pf m 5 C g 0) cc m N A A A 0 E c a o a ca c al a) E -13 a1 ro m o ro a> 8 C g ID C <rob A V 0 0 5 p c ro P_ a 8 c ro a) E S a) C ro -6 O N c 2 8 •a 8 45 N Q A Z O O z ro 0 ow m v S EE c m o e m 0 m 3 0 O a m TO m N =O as Vs) 0 S 03 4 tE C O E N 8 C C 33 ...a 43 2 N N .4 'O m a w o °7 2a ;a cv c 0 n 4 m m' A A A A Z Z Z 31 32 LO •uogoy ON Collaboration with Kenai Watershed Forum on viewing platform. Created one -way access for dock area and additional parking for dip net fishery. Ongoing. $2Million Dollar Bond Approved by voters. Ongoing. As areas are identified, boardwalks are being placed and fencing to discourage access to sensitive areas. Updated KMC 13.30.080 to protect areas from vehicle traffic. Draft prepared. Ongoing signage placed as needed. KMC 13.20.040 Trespass Ordinance Beautification Committee oversees city gardens and adopts gardens. Pending 7.d3O OV3l Z'8d Administration Public Works Planning Dept., Public Works 0. c r cu ca P&Z, Public Works J n LEI re Clearer description of the intent of the zone and when and where the zone shall be applied. Creation of high -profile resident and visitor amenity with access and recreational improvements Preserves valuable public open space and scenic views. Supports Millennium Square development opportunities. Promotes public safety and minimizes the loss of lives and property. Retains hazard areas in their natural state. Creates opportunity for creative, innovative design of properties. Promotes use of public open space and trail system. Promotes public safety and discourages use of unsafe access. Minimizes trespass issues across private property. Supplements public efforts to provide and maintain recreational areas. Creates a sense of pride in and "ownership' for focal parks and streams. D Coordinate program with other agencies. Promotes incorporation of natural features into subdivision design. Where appropriate, wetlands and drainage ways for natural functions and as open space can be acquired and /or protected. a. I.N ZN £N Lr) CO IMPLEMENTATION MEASURE Natural Setting 1 Revise definition and application of the existing conservation zone district 1 Re -open discussions with State on terms for joint establishment of Kenai River Gateway natural area i Continue pursuing funds for bluff stabilization efforts. Identify and limit development in designated natural hazard areas 1 Develop map of public trails and open space Post points of safe public access Establish private volunteer programs like "develop -a- park "adopt -a- park", and "adopt -a- stream" Subdivision standards revised to include provisions for open space in subdivision design or by acquisition 32 LO 33 Updated with 2003 Plan. Airport will be updating the master plan which will include a new noise study. No action has been taken on this recommendation. Administration recommends against notification unless mandated by code. No action taken. Administration recommends against overlay zoning and instead to rezone airport properties to zoning appropriate for airport use. Rezones are being processed as land is subdivided. Ongoing See above. ALP (Airport Layout Plan) updated and approved May `09. 2007 Airport Supplemental Plan. The master plan will be updated in 2010. •6wo6uO Being reviewed. Ordinance will be revised Airport has an AIP (Airport Improvement Plan) for airport properties. 1d3a av31 Airport, P&Z Planning Dept Airport, P&Z Airport, P&Z Airport, P&Z Airport, Airport Commission Public Works Public Works Airport Commission w w i s Federal requirements satisfied Prevents or minimizes future land use conflicts Retains suitable parcels available for future public and private airport-related development Minimizes future land use conflicts. Streamline zoning reviews Use of airport property compatible with Comprehensive Plan Plan conformity with expected uses Transportation improvements coordinated with development CIP and STIP are used to acquire needed transportation amenities bikeways, trails, pedestrian paths Improvements are in place at time new development impacts occur. Streets and blocks are connected in a pattern connecting neighborhoods to each other and to businesses Pedestrian features included in development A coastal and bluff trail system is designed and constructed. CIP supports airport related development d y A.01 tN £dV L... tidV gdtl gl IMPLEMENTATION MEASURE Kenai Municipal Airport Update airport noise exposure map Send out direct mailing to property owners in noise exposure zone Revise zoning code to adopt an overlay zone: ''airport-dependent development district" Revise zoning of airport properties to comply with expected future uses P&Z review of proposed uses of airport property Revise Airport Master Plan Land Use Plan I Capital Improvements Program Statewide Transportation Improvement Program (STIP) Subdivision Code: Review process revised Design standards for rural and urban roads updated Functional Road Classification System developed Kenai Airport Master Plan 33 34 The City requires developers to extend water and sewer mains if necessary. •6 ulo 5u O 'uo4oV ON No Action. No Action. •uo!40 O N No Action Ongoing. Central Mixed Use Zone/Properties Rezoned KSH Signage for Public Facilities •6ulo6uo •uOIpV ON '1d3Q UV3 svoM oncind Public Works Planning Dept. Administration Parks and Recreation Parks and Recreation Parks and Recreation Public Works, P8Z AC}efes o!ignd Senior Center Planning Dept M u) LW r Infrastructure in place in conjunction with future development. C!P coordinated with infrastructure extensions. Existing facilities are evaluated for deficiencies and improvements on a regular basis. New facilities address projected demand and meet level of service requirements. Supports working relationship with school district officials. New parks and recreation facilities are designed and located consistent with comprehensive plan goals and policies. Neighborhood park development is supported. Private public collaboration for the acquisition, development and maintenance of parks is encouraged and supported. Joint use of facilities results from coordination between City and KPB School District Residential and commercial uses in the City Center continue and expand. Tourism directed to City Center. Millennium Square "ready" for development when time and project comes along. Senior citizen residential and other services expanded. Continued cooperation with Kenai Peninsula Borough Division of Emergency Management Adequate police, fire, and EMS services for Kenai residents. Minimized loss of life and property. City Center/Millennium Square becomes focused "area of opportunity" Additional number of residential facilities for seniors. Senior services expanded Consolidate senior services with other organizations to insure that needs are met without duplication of services. AO AOIIOd Edo 9d0 IMPLEMENTATION MEASURE Community Facilities Sewer and Water Facilities Master Plan recommendations implemented. Subdivision Code (14.10) specifies when infrastructure to be constructed. Public Facilities designed and sited consistent with Comprehensive Plan goals Coordinated school site selection and facility design. Location and design criteria for new parks and recreation facilities added to Parks and Recreation Plan (14.25 Establish a system to support development, acquisition and maintenance with the private sector. City passes resolution supporting joint use. Coordinate infrastructure improvements with promotion of City Center and Millennium Square development. Zoning Code revisions to allow residential and commercial uses (14.20). Actively promote access to the city center using signage. Coordinated delivery of public safety services. City center continues as focus for senior services, activities, housing, and amenities. 34 To: Planning Zoning Commission Date: May 14, 2070 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS STAFF REPORT Zach H. Johnston Peninsula Powersports P.O. Box 2886 Kenai, AK 99611 Variance KMC 14- 24.020 Side Setback Lot 12, Block B, Beaver Creek Alaska Subdivision 6384 Kenai Spur Highway 04106212 General Commercial CG Commercial Neighborhood Commercial General Information: This is an application for a 4.8 foot side yard setback. The applicant is a co- owner of Peninsula Powersports. The applicant explains in his application that they would like to add a 20 foot by 40 foot addition onto their building. Before applying for the variance, the owners considered their options. An as -built survey has been provided by the applicant showing site constrictions including the location of the existing structure and setbacks to the west property line where they would like to add the addition. On the east side of the property, the as -built shows the location of the septic system pipes. The building is located 25.2 feet and 26 feet from the west property line. The site was developed without consideration for an addition to the building and prior to the city establishing setbacks in the General Commercial zone. The side setback is ten feet (10'). 35 283 -5294 Res: PZ10 -75 PZ10 -15 Commonts Page 2 KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. This property is located between Kenai and Soldotna near Beaver Loop Road. Lots zoned General Commercial line the Kenai Spur Highway. There is sparse development; most of which has been built in the last few years. The General Commercial zone is located in a variety of areas in the City. All of these areas are somewhat different by location, types of development, density, lot size, and topography. This area requires on -site water and sewer which impedes development on a large area of the lot. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Peninsula Powersports planned and built their business in 2006. At that time there were no setbacks in the commercial and industrial zones and so the building was not situated to plan for expansion. The applicant has reviewed options and has determined the best solution to meet the needs of the business and to provide for service to the public is to place the addition on the west side of the business. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The use is a permitted use in the zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. To provide for an addition that will accommodate the large boats, the proposed addition is believed to be the minimum size. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The variance is not based on other non- conforming land uses. 36 PZ10 -15 Comments Page 3 Building Official: Architect seal will be required on plans. RECOMMENDATIONS In March 2009, Ordinance 2381 -2009 became effective which established setbacks in the commercial and industrial zones. When proposing the setbacks, the Commission discussed possible implications of the amendment including the possibility that businesses may become non- conforming or future developments may require variances. This business was built in 2006 and has developed into a successful operation. This success has provided an opportunity for expansion; however, requires an addition to the building to be able to accommodate large boats. The applicant and his partners have considered options for expansion. As noted in the application, expansion is constricted by the septic system and storage yard. The applicants are aware that they will be required to meet the building code requirements with a two -hour rated wall against the west side of the building and are amenable to that requirement. The addition will leave a 5.2 foot setback to the west parcel line. The applicant has been advised that with the recent update to the city's landscaping ordinance, there will be additional requirements that will be required if the variance is approved and a building permit application submitted. They are willing to meet the new requirements. Based on the information provided in the application, it appears the variance is reasonable and that it meets the requirements for the variance permit to be issued. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ10 -15 2. Application 3. Drawings 37 WHEREAS, the City of Kenai Planning and Zoning Commission finds: 5. "Villa e with a Past, Gi with a Future 9 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 Fax: 907- 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO, PZ10 -15 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Zach H, Johnston, Peninsula Powersports LOCATED: 6384 Kenai Spur Highway Lot 12, Block B, Beaver Creek Alaska Subdivision (Street Address /Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on: 2. This request is located on land zoned: General Commercial 3. Kenai Peninsula Borough Parcel No: 04106212 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.24.020 Development Requirements Side Setback a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and /or structure. c. The granting of the variance is not based upon other non conforming land uses or structures within the sale land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: June 9, 2010. 7. 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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 9, 2010 CHAIRPERSON: ATTEST: 38 tdrr,. a of KENu ALASKA "fr i fag J e with a Past Cd with a Future/7 210 Fidalgo Avenue, Kenai, Alaska Telephone: 907 28347535 Fax: 9 www.ci.kenai.ak.us PLANNING AND ZONING APPLICATION Date 5 T 0I() 1. Name of Applicant r�^ r,� y► 2. Business Name �'r'yl !t/4 0,Ieft p i fin 5 l 3. Mailing Address I am the legal owner of the property. 4. Telephone re c2J? Email Address 70.c.40 a�m t; i lc:. prwer c:6-/y\ 5. Legal Description i2 R /,l J' KPB Parcel No. d� (f 2 /fie. 6. Property Address .�tia' 7. City of Kenai Zoning {JJ�s_Auf�z� q,l ren,lv rc i «,t 8. Application applying for (mark permit being applied for): Bed Breakfast EJ Conditional Use CUP Transfer n Encroachment Gravel Extraction Home Occupation [i Townsite Historic Development Variance sya 7g3as.W y a...- .s�;;r,��,ygs� aevf ,,:sss :x¢s ra".x ramt,Lrzin.' `fir w '3.:rrra'�.v:r m:scs.xmtcv axaa ssx: z :ati.or.•, The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check 'each box that applies and attached the necessary information to process this application.) I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for the permit. I have paid the required fee ($100 plus sales tax). Attach a detailed description of the proposed use. Review the applicable section of the Kenai Municipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. x w_. +s: re�.rs�. x ==ars.+.•zz?wun.•• :ny .sman.'as�suc d_ vr:... ra• y.�rs a:7 b�ragssuf.. 11 I certify that the information provided is accurate to the best of my knowledge. Applicant Date 1/18/2010 2oi c 39 1 4 y 5992 RACY 1 1 ?U1U 7 We would like to add an addition to Penins la Powersports located at 6384 Kenai Spur Hwy. The original structure was completed hi December, 2006 and the dimensions are 7292x 42.2. We would like to add a 20x 40 section on the North East side of the building (or left h nd side facing the building). We do understand that this structure would bring us within 5 feet of our property line and would like to subunit a request with the following reasons to do so. We cannot build on the South West side(or right ha d side facing the building) dace to our septic system and leech field being there. Building on the back side of our building would also cause a problem do"to the fact that it is completely fenced in with a full laser security system and cameras, and is used as our storage area for our outboard motors and units being worked on, thus keeping the front of our shop facing the highway clean and organized. It would also make it impossible to back 20+ foot bo,,, is around the building. The purpose of the addition is to work on large boats inside the shop. The reason for the building being no less than 20 feet wide is to accommodate a 14 foot garage door which is crucial for large boats. Understanding the building codes we've already included in our building plans a 2 hour fire wall on the wall adjacent to the neighboring property. This addition is very important to us for our expanding and growing our business. Siaacerely, W. eywiehtwilter PARTS REPAIR Snow Machines eATV's Dirt Bikes SUZUKI 907 -283- 5294 PO Box 2886 Kenai, AK 99611 6384 Kenai Spur Hwy (across from Bauer Loop) peninsulapowersports.com 401,0 Ul a Outboards: 4 1/ I IA; 1? 77-7 1 II I 1 1` 111 NM I 111 177:: 77i Al l 1--- I r A I I_ li i i el I I i I I i II I I 1 1 I il II 0 1 .1 1 I i 1 1111 II 1 4 n Cr) LO Ell M a a 4 cE R CO GENERAL INFORMATION Applicant: ANALYSIS STAFF REPORT To: Planning Zoning Commission Date: May 24, 2010 Res: PZ10 -16 Tamara Medcoff Tamara's Interactive Daycare PO Box 1815 Kenai, Alaska 99611 Requested Action: Home Occupation Daycare Legal Description: Lot 2, FJB Subdivision Street Address: 409 North Gill Street, Apt. A KPB Parcel No.: 04303038 Existing Zoning: RS Suburban Residential Current Land Use: Residential Land Use Plan: Neighborhood Residential 335 -2663 KIM 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Ms. Medcoff is aware the code allows her to watch up to eight children including her own from this residence. The floor plan is the same sent to the state for licensing approval. The applicant has received approval from the property owner to operate the daycare from this location, is registered for sales tax, and has obtained a business license. The proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on May 17, 2010. If the day care is still in operation, a follow -up will be required on May 17, 2012. RECOMMENDATIONS Recommend Approval. ATTACHMENTS: 1. Resolution No. PZ10 -16 2. Application 4. Drawings 47 Me city of KENAI, SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -16 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Home Daycare (Type of Permit) OPERATED BY: Tamara Medcoff dba Tamara's Interactive Daycare LOCATED: 409 North Gill Street, Apt. A, Lot 2 FKB Subdivision KENAI PENINSULA BOROUGH PARCEL NO: 04303038 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230 has been submitted and received on May 17. 2010 2. That the application has been reviewed by the Commission at their meeting of June 9, 2010 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning Zoning Commission of the City of Kenai, Alaska, this 9th day of June, 2010. Chairman: ATTEST: 48 1 4-41`0( K Al ALASKA I am the legal owner of the property. "Villa ye with a last, C with a Future" 9 210 Fidalgo Avenue, Kenai, Alaska 9 Telephone: 907-283-7535 Fax: 90 -283' www.ci.kenai.ak.us 410 7 749010 PLANNING AND ZONING APPLICATION Date d ,i (/C) 1. Name of Applicant G:..0( 1G Lf (Y\ ckS 2. Business Name 3. Mailing Address P. t y; t"V 4. Telephone 710k Email Address -1---(3. Zs 1 G 6) /7e L1:'�d V 5. Legal Description O `alt', La. c b KPB Parcel No. 4 05 (5 6. Property Address 90 k. (1) G `Q.. aieli A 7. City of Kenai Zoning 8. Application applying for (mark permit being applied for): Bed Breakfast Conditional Use CUP Transfer Encroachment Gravel Extraction Home Occupation Variance I have paid the required fee ($100 plus sales tax). n Townsite Historic Development 49 The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attached the necessary information to process this application.) I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for the permit. Attach a detailed description of the proposed use. Review the applicable section of the Kenai Municipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. uuur- w .;sz I certify that the information provided is accurate to the best of my knowledge, Appli�t ry.nsnvi t 1 Date 57 i 2 PUBLIC HEARING REQUIREMENTS ON BACK will be operating a home occupation daycare. 1 expect the traffic to be minimal. The children arrive at different times during the day and are dropped off quickly with no more than eight children in care and each vehicle typically holding more than one child. T would expect to have no more than two maybe three cars show up at once and probably not even that. 50 Ay 0 ;7/ S I 01,4! Gam. aX 4 ,bee ,tea, n�vt� o t-i of) ---ri&ru 1-' 6 1/ Cr. '4 f 76 6/02 0A--" 7(--d /(7 i■:�.:r ii■�■■�r ■.j■ ■I■= ■11■■11t ■\e■■11■u ■11■■ ■11■■ ■■1111 ■11■ =MI ■11■■• ■■1111 ■11 ■11I■ En= 1111 ■■11■■11■ �r ��u% 1■ ■t :1111 ■11 1111 ■F `1111 1111 811111111 ■11■ ■11 ■/1 \11■ 11E1 ■V )411=1•11111111 or WANE 1111 jM■■ \i �f !1i i74■■■ ■11®'_ ,1111 ■r:AMEM IIMEI Ensiroulum ®its 111 1.1■iii■ 11■ ■11■ ®nid1■ ■111ri ■■mi 1111■■■ ■1111■ ■1111 11■ 1111► ■/.1111 PI 11u uuuu 1111■■• 111■■►!■■■ I: 111■ 1111■■■■ ■■1111■ 11111 ►U\11R L :41 ®i,■■■■■ •1111■■ I\LI 72 Et.1 11■■ ■11■ U•ume• ummationar 16 A 1111 ■11 ■11 ■r�■rrr�■ •mmm r®■■ ■11 •11■ 1111■■■■■ I ■■■11 I ■I/ 1111 I111■■■ua ■I I■ ■II 1111 i■■■ I■ \U alL�� ■E �1111�: 11111\11111 1111 ■11. i■ ■11 I11 111■ ■L I ■I/7 J 11 ■11' stA■ ■11111111Ea ■11t.:J11•■ ■11J ■111111■ 11/r M ■■11■■■■ Y,11I ■UL IME11■ a1111 ■■1111 ■i J ■11■ ■b- 11■■ ■11 ■1111 ■'K=AM ■L X11■. ■1111■ ■1111/ ■1111.1111■■ 11tvi11■ 1111 ■■11111111 ■`i I' ■1111111111 11W ■■■1111■ U PTirrirr+1n7■■■■■■■■ ■11111111■ i i m■• IIIII I 11 •I■■■I■ 1 11r ■■■1111■■■■■■■ 111111 ■11 ■1111■■■ 1111 ■1MME1111 1111 1111111111■■ 11111 111■ 1111 ■11■ r A T^ C.'l M a E 0 N a iSSAk f KENAI, ALASKA MEMO: ri Village with a Past, CI with a Fggttsye' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 FAX: 907- 283 -3014 55 TO: Planning Zoning Commission THRU: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant DATE: June 3, 2010 SUBJECT: Revocation Hearing Lynford and Nannette Disque On June 10, 2009, the Planning and Zoning Commission approved a Conditional Use Permit for an outside storage yard to Mr. Disque. The permit had several requirements that had to be met prior to May 31, 2010. Attached is a copy of the requirements. A site visit conducted on June 3, 2010 verified the conditions had not been met. Mr. Disque has been notified a revocation hearing is scheduled for the Planning and Zoning meeting of June 23, 2010. The revocation hearing provides the applicant the opportunity to address the Commission regarding failure to comply with the requirements of PZ09 -30. Unless the Commission extends the compliance date at the June 23, 2010 meeting, an enforcement action order will be issued on June 24, 2010. 1992 the 4 al ME, KAM CITY OF KENAI[ PLANNING AND ZONING COMMISSION ESOLUT1ON NO. PZ09 -30 AMENDED CONDITIONAL USE PERMIT ti A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Lynford Disque dba Circle D Restoration and Racing USE: Outside Storage Yard LOCATED: 2021 Wyatt Way KN E1/2 W1 /2 NW1 /4 NW1 /4 (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04103022 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 26, 2009 2. This request is on land zoned: GC General Commercial 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: 1. Variance for a six -foot (6') high sight-obscuring fence must be approved. 2. Variance to only screen the property along Wyatt Way must be approved. 3. Obtain a current State of Alaska business license. 4. Register for sales tax with the Kenai Peninsula orough. 5. Remove the unsafe mobile home from property. 6. Remove all junk vehicles not pertaining to the "Dodge" restoration business. These vehicles are identified from the inventory dated September 18, 2006. 7. Miscellaneous debris and junk ;nest be removed from the site. 8. No additional vehicles may be moved to the storage yard, 9. Permit is valid for a period of five (5) years. Prior to expiration, an application to renew the permit must submitted. 10 Permit will not be issued until Conditions #1, 2, 3, 4, 5, 6 and 7 have been met. Conditions must be met by May 31, 2010. 11. Applicant must provide quarterly reports to the City regarding status of the cleanup. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: June 10, 2009. 5. Applicant must comply with all Federal, State, and local regulations. 57 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED RESTORATION AND RACING GARAGE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSE 11 BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 10, 2009. CHAIRPE l a SO 58 ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 2, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comments limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. AMENDED AND PASSED. Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011, 2. AMENDED AND PASSED UNANIMOUSLY. Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. 3. PASSED UNANIMOUSLY. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 59 9a 4. PASSED UNANIMOUSLY. Ordinance No, 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 5. PASSED UNANIMOUSLY. Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 6. PASSED UNANIMOUSLY. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. 7. PASSED UNAMMOUSLY. Resolution No. 2010-32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel. ITEM E: MINUTES 1. AMENDED AND APPROVED. *Regular Meeting of May 19, 2010. 2. APPROVED. *May 24, 2010 Budget Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 60 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by 1,500,000 in the General Fund and Library Improvements Capital Project Fund. 7. INTRODUCED/REGULAR AGENDA. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. 8. P. BRYSON RECOMMENDED UNANIMOUSLY. Action Item Appointment to Kenai Peninsula Borough Planning Commission. 9, NO ACTION TAKEN. Action Item Schedule Work Session /Town Hall Meeting Collaborative Leadership Training Review. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I; REPORT OF THE MAYOR ITEM .1: ADMINISTRATION REPORTS 1, City Manager 2, Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council MOVED TO 6/7/2010 SPECIAL MEETING. EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 61 Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At its May 19, 2010 meeting, Resolution No, 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT 62 K Kenai Hydro, LLC 3977 Lake Street c R��� Horner, AK 99603 2 2flIQ May 26, 2010 Onnin In Reply Refer To: FERC Project No.: 13212-001 and 13211-001 Alaska Grant Lake/Falls Creek Hydroelectric Project Initiation of Consultation Jeff Twait Commission Chair City of Kenai, Planning and Zoning Commission 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Mr. Twait: On October 7, 2008, the Federal Energy Regulatory Commission (FERC) issued two Preliminary Permits (permits) to Kenai Hydro, LLC to study the feasibility of developing hydroelectric projects on Grant Lake and Falls Creek on the Kenai Peninsula, near the community of Moose Pass, Alaska. In its Notice of Intent and Pre application Document (PAD), filed on August 6, 2009, the applicant proposed a combined Grant Lake /Falls Creek hydroelectric project. In order to support development of the Project, FERC granted authorization for Kenai Hydro, LLC to conduct day -to -day consultation under Section 106 of the National Historic Preservation Act (NHPA; please see attached). Subsequently, for purposes of Section 106 of the NHPA (36 CFR 800.3), we are initiating consultation to assist in identification of historic properties that may be affected by the proposed Project. The Project is located near the community of Moose Pass approximately 25 miles north of Seward and just east of the Seward Highway. The Project is located within Section 13 of Township 4 North, Range 1 West; Sections 1, 2, 5, 6, 7, and 18 of Township 4 North, Range 1 East; and Sections 27, 28, 29, 31, 32, 33, 34, 35, and 36 of Township 5 North, Range 1 East, Seward Meridian (USGS Seward B -6 and B -7 Quadrangles; Figure 1). The proposed Project would include construction of a diversion dam at the outlet to Grant Lake and a powerhouse along Grant Creek. The proposed lake level would range from approximately nine feet above to up to 25 feet below the natural lake elevation. Additionally, an approximately 2,800 foot -long, 10 -foot diameter horseshoe tunnel would be constructed to convey water from a multi -level intake near the diversion dam, to directly above the powerhouse at an elevation of approximately 650 mean sea level (MSL). At the outlet of the tunnel, a 650 -foot -long intake structure (penstock) would convey water to the powerhouse located at an approximate elevation 518 MSL. The tailrace (the downstream part of the dam where the impounded water would re- enter Grant Creek), would be placed upstream of the most productive fish habitat, returning flows to Grant Creek and minimizing impacts to fish habitat. Other elements of the proposed Project include the construction of an access road between Falls and Grant creek, as well as the installation of a transmission line. Two potential transmission line would be investigated, including an overhead and underground option. Both the overhead and underground 63 AHRS No. Site Name Description Eligibility SEW -00258 Solars Sawmill Collection of wooden structures, operated between 1920 -1941 Determined Not Eligible SEW -00659 Case Mine (Grant Lake Placer Mine) Cabin, bunkhouse, and 4 associated structures, 1900 -1940s Determined Eligible SEW -00678 Upper Trail Lake Garage Pole and beam garage ruins No Determination of Eligibility SEW -00768 Grant Lake Cabin Frame cabin, dating to historic prospecting, mining, hunting, or trapping No Determination of Eligibility SEW -00822 Grant Lake Prospect Prospecting pit with channel or ditch No Determination of Eligibility SEW -00823 North Grant Lake Cabin (Case Mine Dynamite Shack) Log cabin/dynamite storage for area mines No Determination of Eligibility SEW -01142 USFS No available information No Determination of Eligibility SEW -01143 USFS No available information No Determination of Eligibility SEW -01144 USFS No available information No Determination of Eligibility transmission line corridor would generally follow the access road grade. Additional information about the Project can be found on the Project website: http :l /www.kenaihydro.comlindex.php The Area of Potential Effect (APE) for the proposed Project includes the area extending 30 feet above the high water mark around Grant Lake (740 feet MSL); an area 30 feet beyond the perimeter of Project features, such as the powerhouse construction, and also includes the right- of-way for road access and transmission line alignments (Figure 1). An Alaska Heritage Resources Survey (AHRS) database search was performed at the Office of History and Archaeology (OHA) to document previously recorded cultural resource sites within or adjacent to the Project APE. In addition, a review of the National Register of Historic Places (NRHP) database was conducted. Nine documented cultural resources are located within the APE (Table 1). Thirty additional cultural resources sites are located within one mile of the Project, but outside the proposed Project APE. These sites are identified in the Draft Cultural Resources Study Plan developed for the Project. Table 1: Previously Recorded Cultural Resources in the APE 64 Field documentation and assessment of properties within the APE will be conducted in July 2010, and a Cultural Resources Survey and Section 106 report will be disseminated to your office upon completion. As part of consultation for this Project, we would like to invite you to attend a Section 106 Initiation meeting on June 10, 2010 from 10 AM to 12 PM at the Anchorage HDR Alaska, Inc. offices (2525 C Street, Suite 305). We will provide a teleconference number for those participants who cannot attend in person. We will be following -up on this invitation in the next week to confirm your availability. Additionally, FERC scoping meetings and Study Plan Discussion Sessions for the Project are scheduled for June 2 -3, 2010 at the Moose Pass Community Hall (http /www.kenaihydro.com/ documents /GrantLake_Scoping1.pdf). The Draft Cultural Resources Study Plan is available on the internet at http:/ /www.kenaihydro.com /work_groups /cultural resources.php. Written comments on the draft study plan are requested by June 7, 2010. Comments on the study plans can also be discussed in person or by teleconference at the June 10, 2010 Section 106 Initiation meeting. Other opportunities for consultation may be scheduled as outlined in the study plans or as necessary based on feedback received from consulting parties. If you have questions or comments regarding the proposed Project, I can be reached at the address above, by telephone at (907) 335 -6204, or bye -mail at bzubeck @homerelectric.com. For specific questions regarding the Cultural Resources Study, I encourage you to contact HDR Alaska, Inc. directly. The point of contact at HDR Alaska, Inc. is: Kirsten Anderson, Cultural Resources Practice Group Lead HDR Alaska, Inc. 2525 C Street, Suite 305 Anchorage, Alaska 99503 -2632 Email: kirsten.anderson(cx�,hdrinc.com Phone: (907) 644 -2096 Sincerely, Brad Zubeck, Project Engineer Kenai Hydro, LLC Enclosures: Figure 1: Location Vicinity Map and Proposed Project APE FERC Section 106 Consultation Authorization Grant Lake /Falls Creek Hydroelectric Project Section 106 Consultation Contacts 65 cc w/o enclosures: Jenna Borovansky, Long View Associates, Inc. Sally Morsell, Northern Ecological Services James Brady, HDR Alaska, Inc. Kirsten Anderson, HDR Alaska, Inc. 66 67 20090915 -3017 FERC PDF (unofficial) 09/15/2009 OFFICE OF ENERGY PROJECTS Steve Gilbert, Manager Kenai Hydro, L.L.C. 6921 Howard Avenue Anchorage, AK 99504 Dear Mr. Gilbert: FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D. C. 20426 September 15, 2009 RE: Section 106 Consultation Authorization Project No. 13212 -001 and 13211 -001 Alaska Grant Lake/Falls Creek Hydroelectric Proj ect Kenai Hydro, L.L.C. In the letter filed August 6, 2009, you requested that we grant permission for you to initiate Section 106 consultation on our behalf. By copy of this letter, we are authorizing Kenai Hydro L.L.C. to initiate consultation with the Alaska State Historic Preservation Officers, appropriate Native American tribes, Chugach National Forest, and other consulting parties, pursuant to 36 CFR 800.2(c)(4) of the regulations implementing Section 106 of the National Historic Preservation Act. This consultation pertains to the original licensing effort by Kenai Hydro, L.L.C. involving the Grant Lake/Falls Creek Hydroelectric Project located on the Kenai Peninsula, near the community of Moose Pass, Alaska. We are granting authorization to Kenai Hydro, L.L.C. in order for them to conduct day -to -day section 106 consultation responsibilities in regards to the above proposed project; however, the Commission remains ultimately responsible for all findings and determinations. 68 20090915 -3017 FERC PDF (Unofficial) 09/15/2009 If you have any questions, please contact Joseph C. Adamson at 202 502 -8085, or by email at joseph.adamson @ferc.gov with any questions or comments. cc: Mailing List Service List Judith Bittner State Historic Preservation Officer 550 West Seventh Avenue, Suite 1310 Anchorage, AK 99801 -3565 John Fowler, Executive Director Advisory Council on Historic Preservation 1100 Penn. Ave., NW, Suite 809 Washington, DC 20004 Karen O'Leary Chugach National Forest 3301 C Street, Suite 300 Anchorage, AK 99503 Dorothy Cook, President Native Village of Eklutna 26339 Eklutna Village Road Chugiak, AK 99567 Richard Greg Encelewski, President Ninilchik Traditional Council P.O. Box 39070 Ninilchik, AK 99639 2 69 Sincerely, Jennifer Hill, Chief Hydro West Branch 20090915-3017 FERC PDF (Unofficial) 09/15/2009 Penny Carty, President Salamatof Native Association, Inc. P.O. Box 2682 Kenai, AK 99611 Vernon Stanford, Chair Kenai Natives Association, Inc. 2115 Fidalgo Avenue, Suite 101 Kenai, AK 99611 -7776 Margaret L. Brown, President Cook Inlet Region, Inc. P.O. Box 93330 Anchorage, AK 99509 -3330 Sheri D. Buretta, Chairman of the Board Chugach Alaska Corporation 3800 Centerpoint Drive, Suite 601 Anchorage, AK 99503 Charles W. Totemoff, President Chenega Corporation 3000 C Street, Suite 301 Anchorage, AK 99503 Dianne McRae, President Qutekcak Native Tribe P.O. Box 1467 Seward, AK 99664 Jaylene Peterson Nyren, Director Kenaitze Indian Tribe P.O. Box 988 Kenai, AK 99611 Brad Zubeck, Project Engineer Kenai Hydro, L.L.C. 280 Airport Way Kenai, AK 99611 3 70 Grant Lake /Falls Creek Hydroelectric Project Section 106 Consultation Contacts Kenai Hydro LLC contact: Brad Zubeck, Project Engineer Kenai Hydro, LLC 280 Airport Way Kenai, AK 99611 SHPO: Ms. Judith Bittner State Historic Preservation Officer Alaska Office of History and Archaeology 550 W. 7th Avenue, Suite 1310 Anchorage, Alaska 99501 -3565 Tribes /Tribal Organizations: Charles W. Totemoff, President Chenega Corporation 3000 C Street, Suite 301 Anchorage, Alaska 99503 Sheri D. Buretta, Chairman of the Board Chugach Alaska Corporation 3800 Centerpoint Drive, Suite 601 Anchorage, Alaska 99503 Margaret L. Brown, President Cook Inlet Region, Inc. P.O. Box 93330 Anchorage, Alaska 99509 -3330 Jaylene Peterson Nyren, Director Kenaitze Indian Tribe P.O. Box 988 Kenai, Alaska 99611 Vernon Stanford, Chair Kenai Natives Association, Inc. 215 Fidalgo Avenue, Suite 101 Kenai, Alaska 99611-7776 Kenai Hydro, LLC 3977 Lake Street Homer, AK 99603 71 Tribes /Tribal Organizations (continued): Dorothy Cook, President Native Village of Eklutna 26339 Eklutna Village Road Chugiak, Alaska 99567 Gary Oskolkoff, President Ninilchik Natives Association, Inc. P.O. Box 39130 Anchorage, Alaska 99503 Sara Jackinsky, President Ninilchik Traditional Council P.O. Box 39070 Ninilchik, Alaska 99639 Dianne McRae, President Qutekcak Native Tribe P.O. Box 1467 Seward, Alaska 99664 Penny Carty, President Salamatof Native Association, Inc. P.O. Box 2682 Kenai, Alaska 99611 Penny Carty, President Village of Salamatoff P.O. Box 2682 Kenai, Alaska 99611 Kenai Hydro, LLC 3977 Lake Street Homer, AK 99603 Other Consulting Parties: William G. O'Leary, Acting President and Chief Executive Officer Alaska Railroad Corporation 327 W. Ship Creek Avenue Anchorage, Alaska 99501 Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 72 2 Other Consulting Parties (continued): Jeff Twait, Commission Chair City of Kenai, Planning and Zoning Commission 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Willard Dunham, Mayor City of Seward PO Box 167 Seward, Alaska 99664 -0167 Tom Swan, Commission Chair Seward Historic Preservation Commission P.O. Box 167 Seward, Alaska 99664 -0167 Dave Carey, Mayor Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Jeremy Karchut, Forest Archaeologist U.S. Forest Service, Chugach National Forest 3301 C Street, Suite 300 Anchorage, Alaska 99503 Kenai Hydro, LLC 3977 Lake Street Homer, AK 99603 73