HomeMy WebLinkAbout2010-07-28 Planning & Zoning Packet1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 28, 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. *July 14, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore
Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial.
Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. (Postponed from
July 14, 2010.)
b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the
property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application
submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. (Postponed from
July 14, 2010.)
c. PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska
recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section
14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed
unless the partial destruction if fifty percent (50 or less of the replacement cost in which event
the owner must obtain a building permit within three (3) months from the damage or destruction
or remove the remaining structure.
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. Amendment to KMC 3.15 Licensed Facilities (Kennels) Review/Discussion.
b. PZ10 -29 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska,
recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Chapter
12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises
and also certain structures destroyed or partially destroyed by fire or by other means
Discussion/Public Hearing Set for August 11, 2010.
Agenda
July 28, 2010
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: August 11, 2010
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
Page 2
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Roy Wells
*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. *June 23, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZIO-21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore
Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial.
Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska.
b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the
property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application
submitted by George Showalter, 47004 Emery Street, Kenai, Alaska.
6. UNFINISHED BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 14, 2010 7:00 p.m.
7. NEW BUSINESS:
a. PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska
recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section
14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed
unless the partial destruction if fifty percent (50 or less of the replacement cost in which event
the owner must obtain a building permit within three (3) months from the damage or destruction
or remove the remaining structure. Discussion Public hearing scheduled.
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
PZ10 -24 Landscape /Site Plan Kenai Self Storage, Lot 7A, Block 1, Bridge Road
Subdivision, Lockwood Addition (1354 Bridge Access Road), Kenai, Alaska.
Zoning Bulletin (May 10 June 10, 2010)
Quarterly Reports
a. Planning Zoning Resolutions
b. Code Enforcement
c. Building Permits
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
ITEM 1:
1 -d.
CALL TO ORDER
Vice Chair Romain called the meeting to order at approximately 7 :00 p.m.
1 -a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
A quorum was present.
1 -b. Agenda Approval
City Planner Kebschull requested the following addition to the agenda:
ADD TO: Item 1 -d. Excused Absences Jeff Twait
MOTION:
Commissioner Brookman MOVED to approve the agenda as amended and
Commissioner Bryson SECONDED the motion. There were no objections. SO
ORDERED.
1 -c.
MOTION:
Consent Agenda
CITY OF KENAI
PLANNING ZONING COMMISSION
JULY 14, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
VICE CHAIR SCOTT ROMAIN, PRESIDING
MINUTES
P. Bryson, K. Rogers, J. Brookman, K. Koester,
S. Romain
R. Wells (excused), J. Twait
City Planner M. Kebschull, Council Member
R. Molloy, Deputy City Clerk C. Hall
Commissioner Brookman MOVED to approve the consent agenda and Commissioner
Rogers SECONDED the motion. There were no objections. SO ORDERED.
*Excused Absences
Commissioner Roy Wells
Approved by consent agenda.
Jeff Twait (added at the beginning of the meeting)
*Ali 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.
ITEM 2: *APPROVAL OF MINUTES June 23, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
5 -a. PZ10 -21 -An application to rezone the property known as Lot 3A, Karen
Subdivision Moore Addition (7984 Kenai Spur Highway) from General
Commercial to Limited Commercial. Application submitted by Tony
Doyle, 39154 Holly Avenue, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ10 -21 and Commissioner Brookman
SECONDED the motion.
City Planner Kebschull reported the Clarion had not received the ad for the public
hearings for PZ10 -21 and PZ10 -23 and advised the Commission the public hearings
for both the items must be opened, closed after everyone had spoken, then postponed
until the July 28, 2010 meeting to allow for notification.
Kebschull reviewed the staff report included in the packet and recommended approval
with the following findings:
1. The property was zoned General Commercial.
2. Residential use was allowed only as a secondary use in the General
Commercial Zone.
3. Residential use had continued on this property for over 50 years and
had been compatible with surrounding commercial uses.
4. The 2003 City of Kenai Comprehensive Plan identified development
concerns relating to the Kenai Spur Highway corridor.
5. This property was located on the Kenai Spur Highway.
6. The 2003 Comprehensive Plan Land Use classified the land as
Neighborhood Commercial which provided for uses similar to the
Limited Commercial Zone.
7. In 2005, the Limited Commercial Zone was developed to allow
medium- volume business, mixed residential, and other compatible
uses.
PLANNING AND ZONING COMMISSION
JULY 14, 2010
PAGE 2
MOTION TO POSTPONE:
MOTION:
8. Allowing the rezone to Limited Commercial would provide for
commercial uses while permitting residential use.
9. Rezoning the property to Limited Commercial was consistent with the
Comprehensive Plan.
Romain opened the meeting to public hearing. There being no one wishing to speak,
the public hearing was closed.
Commissioner Bryson MOVED to postpone the public hearing to the July 28, 2010
meeting and Commissioner Brookman SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
5 -b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food
Vendor for the property known as Government Lots 6 7 (4300 Eagle
Rock Drive), Kenai, Alaska. Application submitted by George Showalter,
47004 Emery Street, Kenai, Alaska.
Commissioner Bryson MOVED to approve PZ10 -23 and Commissioner Brookman
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the applicant needed
to apply for a mobile food vendor license with the City Clerk.
Romain opened the meeting to public hearing. There being no one wishing to speak,
the public hearing was closed.
MOTION TO POSTPONE:
Commissioner Bryson MOVED to postpone the public hearing to the July 28, 2010
meeting and Commissioner Brookman SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
ITEM 6: UNFINISHED BUSINESS None
ITEM 7: NEW BUSINESS
PLANNING AND ZONING COMMISSION
JULY 14, 2010
PAGE 3
7 -a. Discussion PZ1O -25 A resolution of the Planning and Zoning
Commission of the City of Kenai, Alaska recommending the Council of
the City of Kenai, Alaska, adopt an amendment to KMC Section
14.20.050 to require that destroyed or partially destroyed nonconforming
structures be removed unless the partial destruction if fifty percent (50
or less of the replacement cost in which event the owner must obtain a
building permit within three (3) months from the damage or destruction
or remove the remaining structure.
Kebschull reviewed the memorandum included in the packet, noting the buildings
were a public safety issue, could affect neighboring property values, and a negative
attractant to young people. She requested comments from the Commission prior to
the July 28, 2010 public hearing.
Commissioner comments included:
Three months may not be enough time to complete the process.
Kebschull noted the three months limit was for applying for a building permit, not for
completing the project and noted building permits were valid for two years.
The amendment only applied to buildings that were non conforming at
the time of destruction.
MOTION:
Commissioner Bryson MOVED to request scheduling PZ10 -25 for public hearing and
Commissioner Rogers SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
ITEM 8: PENDING ITEMS None
ITEM 9: REPORTS
9 -a. City Council Council Member Molloy congratulated Commissioner
Bryson on his reappointment to the Borough Planning Commission, then reviewed the
action agenda items of the July 7, 2010 City Council Meeting. Molloy noted the a
Special Meeting was held on July 12, 2010 to evaluate the City Attorney and City
Clerk.
Commission requested information on the Kalifornsky Beach Bike Path and Molloy
reported the path would only extend one -half mile.
Commission requested information on beekeeping within city limits, and Molloy
reported there had been a complaint regarding Woodland Subdivision. The beekeeper
would be addressing Council at the July 21, 2010 meeting and the issue was being
handled by Animal Control.
PLANNING AND ZONING COMMISSION
JULY 14, 2010
PAGE 4
9 -b. Borough Planning Bryson reported he had not attended the June
Borough Planning meetings and had no report.
9 -c. Administration Kebschull reviewed the quarterly reports included in
the packet; the Kennel Ordinance draft would be forthcoming; the MAPS neighborhood
contacted her wanting to pursue code amendments; and, an application had been
received for Cook Inlet Natural Gas for a rezone of 40 acres for a storage facility. She
reported the rezone application would be presented to the Commission at the August
11, 2010 meeting in order for the application to be forwarded to the Council for
consideration at its August 18, 2010 meeting. An application for a Conditional Use
Permit would follow.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS
11 -a. PZ10 -24 Landscape /Site Plan Kenai Self Storage, Lot 7A, Block 1,
Bridge Road Subdivision, Lockwood Addition (1354 Bridge Access Road),
Kenai, Alaska.
11 -b. Zoning Bulletin (May 10 June 10, 2010)
11 -c. Quarterly Reports
Planning Zoning Resolutions
Code Enforcement
Building Permits
ITEM 12: COMMISSION COMMENTS QUESTIONS None
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED
the motion.
VOTE:
There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 7:48 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION
JULY 14, 2010
PAGE 5
STAFF REPORT
To: Planning Zoning Commission
Date: June 17, 2010
es: PZ 10 -21
GENE L INF
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel Rio.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
TI
G)
N
Tony Doyle 398 -1716
39154 Holly Avenue
Soldotna, AK 99669
Rezone General Commercial to Limited Commercial
Lot 3A, Karen Subdivision Moore Addition
7984 Kenai Spur Highway
04104011
General Commercial
Commercial /Residential
Neighborhood Commercial
General Information:
This is an application to rezone Lot 3A of Karen Subdivision Moore Addition
from General Commercial to Limited Commercial. The applicant has provided a
letter with the application explaining the history of this property and the
justification for the rezone.
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights
of -way) unless the amendment enlarges an adjacent district boundary." The
area of this rezone is over one acre 1 .26 acres and meets the requirement for
an amendment to the zoning map.
There are two structures located on this property, a residence built in 1955 and
an office /residence built in 2002. The applicant has been trying to sell the
property for some time. To make the property more marketable, he decided to
subdivide the property. The structures were identified as residences on the plat.
The preliminary plat was reviewed by the City of Kenai Planning Zoning
Commission on June 9, 2010.
1021 Comment,doc Page 2
Residential use is only allowed as a secondary use in this zone with business
being the primary use. Because of this, 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 replacement cost at the time of destruction, they
could not be reconstructed except in conformance with permitted uses in the
zone.
The applicant, Mr. Doyle believes that by rezoning the property, the residential
use could continue and that there are businesses that could operate from this
site meeting the intent of the Limited Commercial zone. The Limited
Commercial zone was established to provide a transition area between
commercial and residential districts and allow a mix of low volume businesses
as well as residential use. Although the proposed rezone would not provide a
transition area between residential and commercial zones, the rezone would
provide a transition between the existing residential uses and the adjoining
commercial uses.
The 2003 Comprehensive Plan Land Use Plan classified the area as
Neighborhood Commercial, "The Neighborhood Commercial district applies to
areas along the arterial road system that are suitable for small -scale
neighborhood serving retail service and office uses." (City of Kenai
Comprehensive Plan, Page 29.) Rezoning to Limited Commercial seems in
conformance with the Plan because the types of businesses allowed in the
Limited Commercial are consistent with small -scale neighborhood- serving types
of businesses and more consistent than those uses permitted in the General
Commercial zone.
RECOMMENDA TI SNS
The applicant is proposing to rezone this property from General Commercial to
Limited Commercial. This property is located on the Kenai Spur Highway.
There are two existing structures on this property. One of these is a residential
structure which has existed and been used as a residence since 1955. The
second structure was built in 2002 and was built as a mixed use structure
containing a professional office (design studio) and residence. The oldest
structure is located closest to the highway with the newer structure on the back
portion of the property. Because of the location of the 1955 residence and with
no principal commercial use on the property, it is considered non- conforming.
The second, 2002, structure could be considered conforming because of the
configuration of the design studio being in the front of the residential portion.
(KMC 14.22.010 Footnote 1 Allowed as a secondary use except on the
ground floor of the part of the building fronting on collector streets and major
highways.)
1021 Comment.doc Page 3
Mr. Doyle has listed the property for .sale for some time and due to the non-
conforming status of the structures, has had difficulty selling the property, He
believes that by rezoning the property the vacant buildings would become viable
again. The requested rezone to Limited Commercial could provide for continued
commercial development while allowing the historical residential use.
This property is surrounded by properties zoned General Commercial. The Kenai
Peninsula Borough identifies properties by use. The designation doesn't
necessarily match the City's zoning. In this area, the Borough has identified
multiple properties in this area as residential. Several of these are vacant;
however, across the Kenai Spur Highway, there is a mixture of commercial and
residential developed properties.
During the creation of the 2003 Comprehensive Plan, development concerns
along the Kenai Spur Highway corridor were discussed extensively. One of the
reasons the Limited Commercial zone was developed was because of the
concerns identified in the Comprehensive Plan and to provide for revitalization of
the Kenai Spur Highway corridor.
The property being considered has a 55 year history of residential use in an area
surrounded by commercially zoned properties. The proposed rezone would
provide for additional development options for the existing structures on the
property while allowing for the continued residential use.
Based on the Supreme Court of the State of Alaska Griswold decision, there is a
concern that the requested rezone could be considered spot zoning. That
decision found that reclassifications under three acres are almost always found
invalid. However, the decision also stated that the size of the area should not
be considered more significant than other factors in determining if spot zoning
has occurred. For example, is the rezone consistent with the Comprehensive
Plan?
In 2007, a rezone of Schurr Subdivision from General Commercial to Limited
Commercial was approved. That property is less than three acres (2.87 acres).
The rezone was not challenged as spot zoning and the change has provided for
the mixed use as intended with the Limited Commercial zone.
It is my opinion that the proposed rezone would provide the mixed use as
provided for in the Limited Commercial zone and is in conformance with the
Comprehensive Plan.
Recommend approval with the suggested findings:
1. The property is zoned General Commercial.
2. Residential use is allowed only as a secondary use in the General
Commercial zone.
1021 Comment.doc Page 4
3. Residential use has continued on this property for over 50 years and
has been compatible with surrounding commercial uses.
4. The 2003 City of Kenai Comprehensive Plan identified development
concerns relating to the Kenai Spur Highway corridor.
5. This property is located on the Kenai Spur Highway.
6. The 2003 Comprehensive Plan Land Use classifies the land as
Neighborhood Commercial which provides for uses similar to the
Limited Commercial zone.
7. In 2005, the Limited Commercial zone was developed to allow
medium volume business, mixed residential, and other compatible
uses.
8. Allowing the rezone to Limited Commercial would provide for
commercial uses while permitting residential use.
9. Rezoning the property to Limited Commercial is consistent with the
Comprehensive Plan.
ATTACHMENTS:
1. Resolution No. PZ10 -21
2. Application
3. Map
Lied
KENAII ALASKA
NAME: Tony Doyle
ADDRESS: 7984 Kenai Spur Highway
PARCEL 04104011
"Vijlage with a Past, CI with a Future
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 -21
REZONE
LEGAL: Lot 3A, Karen Subdivision, Moore Addition
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
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned General Commercial
2. The present land use plan designation is Neighborhood Commercial
3. The proposed zoning district is Limited Commercial
4. An appropriate public hearing as required was conducted July 14, 2010
5. That the following additional facts have been found to exist:
a. The property is zoned General Commercial.
b. Residential use is allowed only as a secondary use in the General Commercial zone.
c. Residential use has continued on this property for over 50 years and has been compatible
with surrounding commercial uses.
d. The 2003 City of Kenai Comprehensive Plan identified development concerns relating to
the Kenai Spur Highway corridor.
e, This property is located on the Kenai Spur Highway.
f. The 2003 Comprehensive Plan Land Use classifies the land as Neighborhood
Commercial which provides for uses similar to the Limited Commercial zone,
g. In 2005, the Limited Commercial zone was developed to allow medium volume business,
mixed residential, and other compatible uses.
PZ10 -21 Resolution Page 2
h. Allowing the rezone to Limited Commercial would provide for commercial uses while
permitting residential use.
i. Rezoning the property to Limited Commercial is consistent with the Comprehensive
Plan,
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 Lot 3A, Karen Subdivision, Moore Addition
is hereby recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JULY 28, 2010,
CHAIRPERSON: ATTEST:
Public Hearing: 7/14/ 10 (Postponed)
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Villa, with a Past a with a Fgtore"
210 Fidalgo Avenue, Kenai, Alaska 9961 1-7794
Telephone; 907- 263 -75351 FAX: 907 0:14.4
R1 IZO ZING APPLICATION
LI CATION
Intended Use and /or Reason for Rezoning: `j e A%1 Ac._ t a L; T e
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
9942
Rezoriirig Application Page 2
Petitioner's '.l attire
REZONING CHECKLIST,
alley right-of-way) unless the a nendmcnt enlarges an adjacent district
boundary.
A Public Notification and Hearing is, required before the issuance of this
permit. A $100.00 (plus sales tax) 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.
a. MAP
b. SIGNATURES
c. DEPOSIT /ADVERTISING FEE ($100 sales tax)
d. APPLICATION FORM OR LETTER
e. AFFIDAVIT OF POSTING
IiD sumrmnnng Zotronrmg Corm ramissnoa June 17' h, 2010
210 Fidalgo Avenue, Kenai, Alaska 99611
To Whom It May Concern:
The reason for this rezoning request is that when I purchased Lot 3 Karen 8/D in 1984
the building on the property had been in use as a residential home since the late 1950's.
(The home was built by the Hartley family who operated Hartley motors out of the
building that is currently Gator Guns.) I purchased the property to live in the home and
eventually turned one bedroom into an office for my business Creative Builders. In 2002
I decided to construct a building for my business Creative Designers that kept with the
nature of the original home that was on Lot 3 Karen S/D.1 was informed at that time that
the new structure I built would become non conforming if it was used as a residence.
In my opinion, the use of Lot 3 Karen SID over the last 50+ years fits well with the
intent of a limited commercial zone. Approving the rezone will allow the buildings on
this property to be purchased by any number of businesses that would effectively be able
to live and work in the buildings.
I respectfully request that this petition be approved so that the zoning mosaic
of Kenai can enjoy the inclusion of two fine structures that will provide the
opportunity for a person or persons to live and work in the same place.
Thank you for your consideration,
Pro lip
Tony Dole
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GENERAL INFORMATION
Applicant:
equested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plano
To: Planning Zoning Commission
Date: June 25, 2010
ANALYSIS
General Information:
STAFF EPO
George Showalter 776 -8967
47004 Emery Street
Kenai, AK 99611
Conditional Use Permit Mobile Food Vendor
Government Lots 6 7
4300 Eagle Rock Drive
04906007
RR Rural Residential
Residential /Recreation
Rural Residential
This property has historically been used as a seasonal boat launch for the Kenai River.
The applicant is leasing the property and as part of the business plan is offering food from
a mobile food unit at the site. When the City became aware of the plan to provide this
service, the applicant was notified that the boat launch operates under a non-conforming
status and any expansion of those services would require a Conditional Use Permit. An
application was immediately submitted. Because the service was already being offered,
the applicant was advised they would be able to continue offering the service until the
permit had been processed and the Planning Zoning Commission made a decision. If
the application is denied, the mobile food unit would have to be removed from the site.
The applicant has provided a description of the proposed service with an aerial photo of
the location of the unit. Also included with the application are copies of a current
business license, Borough sales tax registration, ADEC Food Establishment Permit, and
lease agreement for the property.
es: PZ1Ow23
PZIO -23 Comments Page 2
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The
criteria are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district This property is zoned Rural Residential (RR).
The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive
residential environment, to separate residential structures so that the rural,
open quality of the environment is preserved, and to prevent health hazards in
areas not served by public water and sewer. Uses which violate the
residential character of the environment or generate heavy traffic in
predominantly residential areas should be prohibited.
This is a 54.55 acre parcel that has a lengthy history as a commercial boat
launch /parking area for the Kenai River. The access for the launch is off
Eagle Rock Drive which is through a residential area. The site is restricted to
those individuals who pay to park and use the boat launch so additional
traffic should not result from the mobile food unit. The unit will be located
near the boat launch on the river and most customers will be from boats on
the river.
The use should not affect the integrity of the residential neighborhood.
2. The value of the adjoining property and neighborhood will not be significantly
impaired The value of the adjoining property should not be impaired.
3. The proposed use is in harmony with the Comprehensive Plan The property
is designated as Rural Residential in the Plan. Like the zoning ordinance, the
classification is intended for large -lot, single-family residential. Small, home
based businesses may be accommodated within design guidelines. The
proposed mobile food vendor couldn't be defined as a home -based business.
However, due to the location and the seasonal use, the business should be
able to be operated in harmony with the adjoining properties. Most of the
business will be conducted with customers from the river. The historical use
of this property will not change with the proposed mobile food unit.
4. Public services and facilities are adequate to serve the proposed use This is a
self contained unit. Public services and facilities are adequate to serve the
proposed use.
5. The proposed use will not be harmful to the public safety, health or welfare
The proposed use will not be harmful to public safety, health, or welfare.
PZ10 -23 Comments Page 3
REC MMIENDATII NS
This is an application for a seasonal mobile food unit. The site of the proposed vendor
has a lengthy history as a boat launch/parking facility. This is a non conforming use and
operates under the guidelines in KMC 14.20.050. The property owner leased the boat
launch to the applicant and the applicant was unaware that additional uses would require
zoning permits.
6. Any and all specific conditions deemed necessary by the commission to fulfill
the above mentioned conditions should be met by the applicant. These may
include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use. Additional conditions are not proposed for the
use.
Building Official:
No building concerns.
(fir
This is a large parcel with access to the Kenai River. The plan is to place the mobile food
unit near the boat launch. Boaters on the river will access the site by parking near the
launch. The use will be conducted during the fishing season and at the culmination, the
unit would be relocated and stored for the winter. Because of the limited season and the
customer base, the use should be able to be operated without adversely affecting the
neighboring property owners and should not increase traffic to the boat launch facility.
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ10 -23
2. Application
3. Drawings
tk�c{ o
KENAI ALASKA
KENAI PENINSULA BOROUGH PARCEL NO: 04906007
WHEREAS, the Commission finds:
2. This request is on land zoned: Rural Residential
'Village with a Past, Gi with a Future /I
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 Fax: 907 -283 -3014
www.ci.kenai.ak,us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -23
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: George Showalter
USE: Mobile Food Vendor
LOCATED: Government Lots 6 7 4300 Eagle Rock Drive
(Street Address /Legal Description)
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: June 17, 2010
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: None
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280
on: July 14, 2010.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED
MOBILE FOOD VENDOR 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, JULY 28, 2010.
CHAIRPERSON: ATTEST:
Public Hearing: 7/14/10 (Postponed)
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1. Name of Applicant -,zj, 4^ e
2. business Name d i> ��r j D u j i
3. Mailing Address '``i 7 4 e-) tr, `C.4s a i
4. Telephone 7 7& t 7 Email Address 1 C r, E/ k4., e,aL-c. a,
5. Legal Description rtri. 8 6 it c7 of t_fjt: o 4'°
KPB Parcel No. 4
6. Property Address a u .-4 F r;:
7 City of Kenai Zoning i k
8. Application applying for (mark permit being applied for):
ttreei
EN AMU
PLANNING AND ZONIING APPL ICAII'IION
Date
aPe with a Past, Cif with a &ewe o
thFidalgo Avenue, Kenai, Alaska 99611 -7794 1
Telephone: 907-283-7636 Fax: 907 283 -3014- V 11 IjV
ww w. ci. kenai.ak.us
Bed Breakfast Conditional Use CUP Transfer Encroachment
Gravel Extraction Home Occupation Townsite Historic Development
Variance
The following ormation Faust be provided before our apiplication will be considered for processing Do
not submit our application until it cont ains all re aired infor mation. (Cheek each box that applies and
attached the necessary information to process this application.)
I am the legal owner of the property.
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
Coale and include all inform .l•tion required by code for the type of application. Incomplete applications
will not be accepted.
If certify that the information provided is accurate to the best of my knowledge.
Applicant
Date °°z
1/18 /2010
1992
Conditional Use Permit:
City of Kenai
The Hot Dag Hole iii 'U
47004 Emery St.
Kenai, Alaska 99611
Proposed Use:
We respectfully request a conditional use permit for a mobile food unit to be placed
adjacent to the Boat Ramp located at Eagle Rock ;oat Launch 4300 Eagle Rock Dr,
Kenai, Alaska 99611. George and Tina Showalter through Dream Alaska Inc. have a
lease agreement with the owner of the property (Virginia A. Poore) for the period June 1,
2010 to September 30, 2010. Upon completion of the aforementioned lease agreement
the MFU will be transported to 47004 Emery St. Kenai, Alaska 99611 for winter storage.
The Hot Dog Hole is a fully self contained Mobile Food Unit that is inspected and
approved by the Alaska Department of Environmental Conservation. George Showalter
is the onsite Food Manager that oversees the overall operation of the MFU(The Hot Dog
Hole). All employees will hold a current Food Worker Card. The Hot Dog Hole will be
in operation approximately 24 hours per day for the 2010 fishing season. Items to be
served will range from Hot Dogs, chips and refreshments.
rge "nowalter, Owner
ate
f
Tina Showalter, Owner Date
Eagle Rock Bo'( Launch
ndition, i Use of iYhob1k is Food Unit
Parcel ID: 04906007
Physical Address: 4300 Cade Rock Dr. Kenai, Alaska 99611
Legal: 5N R 10W SEC 6 Seward Meridian KN Govt. Lots 6 7
Owner: Virginia A. Poore
Lessee: Dream Alaska Inc. 47004 Emery St. Kenai, Alaska. 99611
Area Leased: Cabin, River Access Rd. Boat Ramp and Parking Lots.
Longitude: 151.109682
Latitude: 60.547903
Location of Mobile Food Emit
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -25
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ADOPT AN AMENDMENT TO KMC SECTION 14.20.050 TO REQUIRE THAT
DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE
REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR LESS
OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A
BUILDING PERMIT WITHIN THREE (3) MONTHS FROM THE DAMAGE OR
DESTRUCTION OR REMOVE THE REMAINING STRUCTURE.
WHEREAS, the Kenai Zoning Code regulates the uses of land and types of structures
within the City; and,
WHEREAS, if a lot, structure, or use of land and /or structures legally existed prior to
the adoption of the Kenai Zoning Code, or amendments thereto, but the lot, structure,
or use no longer meets the requirements of the Kenai Zoning Code, those structures
and /or uses are permitted to continue, within certain limits, as legal nonconformities;
and,
WHEREAS, under the Kenai Zoning Code, nonconformities are allowed to continue
until the nonconformity is removed or the nonconforming use ceases, subject to
further regulation and restriction as set out under the Kenai Zoning Code; and,
WHEREAS, with respect to non conforming structures, no such structure may be
enlarged or altered in a way to increase its non conformity and, further if a structure
is destroyed by more than 50% of its replacement cost at the time of destruction, the
non conforming structure may not be reconstructed except in conformity with the
Kenai Zoning Code; and,
WHEREAS, there are several destroyed or partially destroyed structures in the City of
Kenai where the structure was, before destruction or partial destruction, a
nonconforming structure within the City but the structure has not been reconstructed
and /or the structure has been destroyed by more than 50% of the replacement cost;
and,
WHEREAS, these destroyed or partially destroyed structures are unsightly, are
injurious to neighboring properties and their values, and negatively impact the
surrounding neighborhood; and,
New Text Underlined; [DELETED TEXT BRACKETED]
WHERAS, these destroyed or partially destroyed structures also create health and
safety hazards to members of the community if allowed to persist; and,
WHEREAS, it is desirable to require that owners of destroyed or partially destroyed
structures remove the nonconforming structure, or remaining parts thereof, if the
structure is not eligible to be reconstructed or if the owner has not obtained a building
permit.
NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF
KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.20.050 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.050, is hereby amended as follows:
12.20.050 Nonconforming lots, structures, and uses.
(a) Explanation. When a lot, structure, or use legally exists prior to the adoption of
this ordinance but does not meet the requirements of this chapter, it shall be
permitted to continue within the limits set forth in this section. Under such
circumstances it is said to have "nonconforming" status. There are three (3) types of
nonconforming status:
(1) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum
permitted in the zone in which it is located;
(2) Nonconforming Structures. The structure is designed to accommodate a
nonconforming use or fails to meet yard, coverage, height, or other development
requirements established for the zone in which it is located;
(3) Nonconforming Uses of Land and /or Structures. The use to which land and /or
structures is being put is not a principal, accessory, or conditional use permitted in
the zone in which it is located, and is not otherwise permitted in this chapter.
(b) Intent. There are lots, structures, and uses that exist and were lawful prior to
the adoption of this ordinance which would be prohibited under the terms of this
chapter or future amendments. It is the intent of this chapter to permit these
nonconformities to continue until they are removed. Such uses are declared by this
chapter to be incompatible with permitted uses in the zones involved. It is further the
intent of this chapter that nonconformities shall not be enlarged upon, expanded, nor
extended, nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same zone.
(c) Nonconforming Lots of Record. In any zone in which single- family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a
single- family dwelling and accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of the ordinance codified in this
section. Such lot must be in separate ownership and not of continuous frontage with
other lots in the same ownership. This provision shall apply even though such lot fails
to meet the requirements for area or width, or both, if the lot conforms to the
New Text Underlined; [DELETED TEXT BRACKETED]
regulation for the zone in which such lot is located. Exception to development
requirements shall be obtained only through the variance procedures established in
this chapter.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date
of adoption or amendment of the ordinance codified in this section that could not be
built under the terms of this chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such structure may be enlarged or altered in a way which increases its
nonconformity;
(2) Should such structure be partially or wholly destroyed by any means to an
extent of more than fifty percent (50 of its replacement cost at time of destruction, it
shall not be reconstructed except in conformity with the provisions of this chapter and
the remaining structure must be removed within twelve (12) months of the date of
destruction;
(3) Should such structure be partially destroyed by any means to an extent of fifty
percent (50 or less of its replacement cost at the time of destruction, a building
permit may be issued to rebuild, restore, or repair the nonconforming structure within
three (3) months of the date of damage. If a permit is not issued within that time
period, the remaining structure must be removed within twelve (12) months of the
date of destruction; provided however, that if reconstruction is delayed through
litigation or other cause beyond the control of the owner, then the time of such delay
shall not be considered when computing the 3 -month period:
(4[3]) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations for the zone in which it is located after it is
moved.
(e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure
and premises in combination, exists at the effective date of adoption or amendment of
the ordinance codified in this section, said use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1) No existing structures devoted to a use not permitted by this chapter in the
zone in which it is located shall be enlarged, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the zone in which it is located;
(2) Any nonconforming use may be extended throughout any part of a building
which was arranged or designed for such use at the time of adoption or amendment of
the ordinance codified in this section, but no such use shall be extended to occupy
any land outside such building where such land was not so used at the effective date
of adoption of the ordinance codified in this section;
(3) If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally appropriate or more
New Text Underlined; [DELETED TEXT BRACKETED]
appropriate to the zone than the existing nonconforming use. In permitting such
change, the Commission may require appropriate conditions and safeguards in accord
with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in or on which a non-
conforming use is superseded by a permitted use, shall thereafter conform to the
regulations for the zone in which such structure is located, and the nonconforming
use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for twelve (12) consecutive months or for
eighteen (18) months during any three (3) year period, the structure, or structure and
premises in combination, shall not thereafter be used except in conformance with the
regulations of the zone in which it is located;
(6) Where nonconforming use status applies to a structure and premises in
combination, removal, or destruction of the structure shall eliminate the
nonconforming status of the land.
(f) Nonconforming Uses of Land. Where, at the effective date of adoption or
amendment of the ordinance codified in this section, lawful use of land exists that is
made no longer permissible under the terms of the ordinance as enacted or amended,
such use may be continued, so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption or
amendment of the ordinance codified in this section;
(2) No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption or
amendment of the ordinance codified in this section;
(3) If any such nonconforming use of land ceases for any reason for a period of
more than three hundred sixty -five (365) days, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district in which such land
is located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a structure, nonconforming
use of land, or a nonconforming use of a structure and land, shall not be extended or
enlarged after passage of this ordinance by attachment of additional signs to a
building, or the placement of additional signs or display devices on the land outside of
the building, or by the addition of other uses, if such additions are of a nature which
would be prohibited generally in the zone involved except that this provision shall not
be deemed to prohibit the replacement of one sign with another of like size.
(2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid
undue hardship, nothing in this chapter shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment of the
ordinance codified in this section and upon which actual building construction has
New Text Underlined; [DELETED TEXT BRACKETED]
been diligently carried on. Actual construction is hereby defined to include the placing
of construction materials in permanent position and fastened in a permanent manner,
and demolition, elimination, and removal of an existing structure in connection with
such construction, provided that actual construction work shall be diligently carried
on until the completion of the building involved.
(3) Repairs and Maintenance. On any nonconforming structure or on any building
devoted in whole or in part to any nonconforming use, work may be done in any period
of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of
nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent
(10 of the current replacement value of the building, provided that the cubical
content of the building as it existed at the time of passage or amendment of the
ordinance codified in this section shall not be increased.
(h) Exception(s) to this Section.
(1) Outside Storage of Junk. Notwithstanding the provisions of this section, no
junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking
yard shall be maintained in a location which is visible from a City or State road in any
zone. However, the Commission may grant a conditional use permit under the
procedure specified in this chapter allowing said use to continue for a specified period
of time if:
(1) An eight foot (8') high sight obscuring fence of good appearance has been
provided around said use.
(2) The Planning and Zoning Commission may grant a conditional use permit
allowing a nonconforming use to expand, enlarge, or increase in intensity provided
that:
(i) The use may not expand beyond the site, lot, or parcel as defined by the legal
description on the certificate of occupancy for a nonconforming use, or owned or
leased by the nonconforming use as of the date it became nonconforming in the event
there is no certificate of occupancy.
(ii) Uses which are nonconforming due to the number of residential units may not
add additional units.
(iii) The proposed modification will not result in further infringement of the
provisions of this subsection; modifications shall comply with all regulations (other
than use restrictions) including, but not limited to, lot coverage, yard, height, open
space, density provisions, or parking requirements unless waived by the Commission
through a variance as provided in this chapter.
(iv) The nonconforming use must have been a permitted use in the prior zone at the
time it became a nonconforming use.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
New Text Underlined; [DELETED TEXT BRACKETED]
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND
ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC
SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED
NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL
DESTRUCTION IS FIFTY PERCENT (50 OR LESS OF THE REPLACEMENT COST IN
WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN THREE (3)
MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING
STRUCTURE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, July 28, 2010.
CHAIRPERSON: ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
the arty of
KENAI, ALASKA
DESTROYED NONCONFORMING STRUCTURES BE REMOVE
PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR
COST IN WHICH EVENT THE OWNER MUST OBTAIN
THREE (3) MONTHS FROM THE DATE OF THE D
REMOVE THE REMAINING STRUCTURE.
WHEREAS, the Kenai Zoning Code regulates the uses
within the City; and,
WHEREAS, if a lot, structure, or use of land nen az�yyd,
Glkf
the adoption of the Kenai Zoning Code, or a dm
or use no longer meets the requirements of tie Ke
and /or uses are permitted to continue, wi
and,
or red in a
iy more than
rming structure m
g Code; and,
WHEREAS, under the Kenai Zo
until the nonconformity is re
further regulation and restri
WHEREAS,
enlarged
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WHEREA
Kenai where
nonconforming
and /or the struct
and,
Sponsored by: Planning Zoning Commission
CITY OF KENAI
ORDINANCE NO. -2010
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY
N THE
REPLACEMENT
RMIT WITHIN
IONO
Code, none ities are allowed to continue
or the nonconforming use ceases, subject to
et out under the Kenai Zoning Code; and,
on -con structures, no such structure may be
increas non- conformity and, further if a structure
of its lacement cost at the time of destruction, the
of be reconstructed except in conformity with the
destroyed or partially destroyed structures in the City of
as, before destruction or partial destruction, a
within the City but the structure has not been reconstructed
as been destroyed by more than 50% of the replacement cost;
WHEREAS, these destroyed or partially destroyed structures are unsightly, are
injurious to neighboring properties and their values, and negatively impact the
surrounding neighborhood; and,
WHERAS, these destroyed or partially destroyed structures also create health and
safety hazards to members of the community if allowed to persist; and,
WHEREAS, it is desirable to require that owners of destroyed or partially destroyed
structures remove the nonconforming structure, or remaining parts thereof, if the
New Text Underlined: [DELETED TEXT BRACKETED]
types of structures
ctures 1e y existed prior to
!thereto, t the lot, structure,
ryde, those structures
as legal nonconformities;
Ordinance No. -2010
Page 2 of 2
structure is not eligible to be reconstructed or if the owner has not obtained a building
permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.20.050 of the Kenai Mu ipal Cade: The Kenai
Municipal Code, Section 14.20.050, is hereby amended 110
12.20.050 Nonconforming lots, structures, and u
(a) Explanation. When a lot, structure, or use legal
this ordinance but does not meet the requirements of
permitted to continue within the limits set forth in this sec
circumstances it is said to have "nonconforming" status. There
nonconforming status:
is prior to
ter, it shal e
der such
Pe (3) types of
(1) Nonconforming Lots. The lot, width, or lnalii
C
an the minimum
permitted in the zone in which it is locate a PEE'
ctus reRi� r
designed to accommodate a
O r E9
coverge, hei or other development
1 "3 Y�..a ERE,93
3' 3 s!' ?.3`� �E ESEi�
e in which, ?ocated;
(2) Nonconforming Structures. T
nonconforming use or fails to meet
requirements established for th
(3) Nonconforming Uses of
structures is being put is no
the zone in w a s d,
(b) Inte
the ado
chapt�
no
chapter
intent of th
extended, nor
elsewhere in the
ere are
of this ordin
future amendrne
ties to continue
P
and
and /or Structures. The use to which land and /or
al, accessory, or conditional use permitted in
erwise permitted in this chapter.
ructure d uses that exist and were lawful prior to
hich ould be prohibited under the terms of this
It is the intent of this chapter to permit these
til they are removed. Such uses are declared by this
permitted uses in the zones involved. It is further the
nconformities shall not be enlarged upon, expanded, nor
rounds for adding other structures or uses prohibited
one.
(c) Nonconfo lg Lots of Record. In any zone in which single family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a
single family dwelling and accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of the ordinance codified in this
section. Such lot must be in separate ownership and not of continuous frontage with
other lots in the same ownership. This provision shall apply even though such lot fails
to meet the requirements for area or width, or both, if the lot conforms to the
regulation for the zone in which such lot is located. Exception to development
New Text Underlined; [DELETED TEXTS BRACKETED]
Ordinance No. -2010
Page 2 of 2
requirements shall be obtained only through the variance procedures established in
this chapter.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date
of adoption or amendment of the ordinance codified in this section that could not be
built under the terms of this chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
ate,
(I) No such structure may be enlarged or altered in w ®increases its
nonconformity;
(2) Should such structure be partially or wholly de
extent of more than fifty percent (50 of its replaceme
shall not be reconstructed except in conformity with
the remaining structure must be removed within twelve (12)
destruction;
conforming Uses
es in combinatio
codified in thi
subject t
Should su
shall thereat'
moved.
(1) No exis
zone in which it
structurally altere
the zone in whic
(3) Should such structure be partially destroyed $b :any mean an extent of fifty
percent (50 or less of its replacement cost ii` t'the t)rl of Best fiction, a building
E 9Et# EAV
permit may be issued to rebuild, restore, orepair�t ie nt conforming structure within
three (3) months of the date of damage. If "'1 ',e "'"f is n t issued within that time
period, the remaining structure mu per remov within twelve (12) months of the
date of destruction; provided how that if r'' is delayed through
.R HE,.#33S 53
litigation or other cause beyond control of tie owner, then the time of such delay
shall not be considered when ting the 3 -month period;
Lure be m or d y reason for any distance whatever, it
e regula or the zone in which it is located after it is
tructures. If a lawful use of a structure, or of structure
sts at the effective date of adoption or amendment of
ection, said use may be continued so long as it remains
e following provisions:
es devoted to a use not permitted by this chapter in the
d shall be enlarged, constructed, reconstructed, moved, or
cept in changing the use of the structure to a use permitted in
t is located;
(2) Any nonconforming use may be extended throughout any part of a building
which was arranged or designed for such use at the time of adoption or amendment of
the ordinance codified in this section, but no such use shall be extended to occupy
any land outside such building where such land was not so used at the effective date
of adoption of the ordinance codified in this section;
New Text Underlined. [DELETED TEXT BRACKETED[
by an
at time o g tion, it
ions of this apter and
the of the date of
s
to
Ordinance No. -2010
Page 2 of 2
(3) If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally appropriate or more
appropriate to the zone than the existing nonconforming use. In permitting such
change, the Commission may require appropriate conditions and safeguards in accord
with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in or on which a non-
conforming use is superseded by a permitted use, shall there t- r co rm to the
regulations for the zone in which such structure is locate n nconforming
use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or s� cture d es i n i.
combination, is discontinued or abandoned for twelve ''3 nsecutive r for
eighteen (18) months during any three (3) year period, th cture, or s ure and
premises in combination, shall not thereafter be used except in conformance with the
regulations of the zone in which it is located;
(6) Where nonconforming use status applies 9 cture an :premises in
combination, removal, or destruction of the 1 eli ate the
nonconforming status of the land.
(1) Nonconforming Uses of Land. Wher x effec ate of adoption or
ul use of land exists that is
uch nonconform
e lot or parcel o
the ordinanc
amendment of the ordinance codifi
made no longer permissible under
such use may be continued, so
following provisions:
(1) No such n
occupy a gre
amendme
(2)
po
am
this s
e terms o
as it remai
ance as enacted or amended,
erwise lawful, subject to the
be nlarged or increased, nor extended to
pied at the effective date of adoption or
s section;
se shall be moved in whole or in part to any other
led by such use at the effective date of adoption or
dified in this section;
ing use of land ceases for any reason for a period of
ixty -five (365) days, any subsequent use of such land shall
ns specified by this chapter for the district in which such land
(3) If an
more than th
conform to the r
is located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a structure, nonconforming
use of land, or a nonconforming use of a structure and land, shall not be extended or
enlarged after passage of this ordinance by attachment of additional signs to a
building, or the placement of additional signs or display devices on the land outside of
the building, or by the addition of other uses, if such additions are of a nature which
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Ordinance No. -2010
Page 2 of 2
would be prohibited generally in the zone involved except that this provision shall not
be deemed to prohibit the replacement of one sign with another of like size.
(2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid
undue hardship, nothing in this chapter shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment of the
ordinance codified in this section and upon which actual building construction has
been diligently carried on. Actual construction is hereby defin to in t de the placing
Tia
of construction materials in permanent position and fast anent manner,
and demolition, elimination, and removal of an existin
ctu onnection with
such construction, provided that actual construction s' e ntly c ed
on until the completion of the building involved.
ght foot (8') high
ound said use.
ning and Zo
nforming
(3) Repairs and Maintenance. On any nonconformin
devoted in whole or in part to any nonconforming use, or
of twelve (12) consecutive months on ordinary repairs, or on r
nonbearing walls, fixtures, wiring, or plumbing an extent n
E.�`E
(10 of the current replacement value of the b'uilciii provide
content of the building as it existed at the e of p„
3i39 AE3EHtl
ordinance codified in this section shall not be increase
'O
(h) Exception(s) to this Section.
(1) Outside Storage of Junk. N
junked vehicle or junk shall b
yard shall be maintained in
zone. However, the ssion m
procedure spe e a 4� apter
of time if:
(1)
provi
(2)
allowing a
that:
(1) The use
description on the
leased by the non
ture or on uilding
be done in any period
o eplacement of
o eding ten percent
at the cubical
endment of the
thstandi provisions of this section, no
�9L C4E� E i t 3r'
d outside anti =E .o unenclosed junk or wrecking
which is visible from a City or State road in any
ant a conditional use permit under the
aid use to continue for a specified period
uring fence of good appearance has been
g Commission may grant a conditional use permit
to expand, enlarge, or increase in intensity provided
expand beyond the site, lot, or parcel as defined by the legal
ficate of occupancy for a nonconforming use, or owned or
onforming use as of the date it became nonconforming in the event
there is no certificate of occupancy.
(ii) Uses which are nonconforming due to the number of residential units may not
add additional units.
(iii) The proposed modification will not result in further infringement of the
provisions of this subsection; modifications shall comply with all regulations (other
than use restrictions) including, but not limited to, lot coverage, yard, height, open
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Ordinance No. -2010
Page 2 of 2
space, density provisions, or parking requirements unless waived by the Commission
through a variance as provided in this chapter.
(iv) The nonconforming use must have been a permitted use in the prior zone at the
time it became a nonconforming use.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such Judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this ju men hall have been
rendered, and shall not affect or impair the validity of th o this title or
application thereof to other persons or circumstances. 2, City cil hereby
declares that it would have enacted the remainder of s ordin m witho t such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.07
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, day of
2010.
ATTEST:
Carol L. Freas, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
ER, MAYOR
ordinance Tall take
Introduced: 2010
Adopted: 2010
Effective: 2010
MEMO:
TO: Planning Zoning Commission 1
FROM: Marilyn Kebschull, Planning Administration
DATE: July 20, 2010
SUBJECT: Proposed Kennel Ordinance Amendments
Attached is a draft resolution and ordinance for the Commission's review. After the
Commission's comments, I met with Chief Sandahl and Chief Animal Control Officer
Brett Reid and based on the Commission's comments, the attached ordinance was
drafted. Please review the proposed changes to determine if they meet the concerns.
If the Commission concurs with the proposed amendment, a public hearing will be
scheduled.
Attachment
Vida ye with a Past, C# with a Future/I'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794!
Telephone: 907 283 -75351 FAX: 907 -283 -3014 t I
1992
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10-
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND KMC 3.15.TO: 1) PROVIDE THAT
PROPERTY OWNERS WITHIN 300 FEET OF A PARCEL THAT IS SUBJECT OF A DOG
KENNEL LICENSE APPLICATION OR APPLICATION TO RENEW A KENNEL LICENSE
BE NOTIFIED OF THE APPLICATION, AND 2) PROVIDE A PROCESS FOR A
PROPERTY OWNER WITHIN 300 FEET TO REQUEST A HEARING TO DETERMINE IF
THE PERMIT SHOULD BE ISSUED; AND 3) SETTING OUT THE APPEAL PROCESS FOR
ANY AGGRIEVED PARTY.
WHEREAS, the Kenai Municipal Code 3.15 (KMC 3.15) requires a person keeping more than
three dogs over the age of four months to get a kennel license; and,
WHEREAS, KMC 3.15 does not require neighboring property owners to be notified of a pending
kennel license application or renewal; and,
WHEREAS, KMC 3.15 does not provide a process for a property owner within 300 feet to
appeal the Chief Animal Control Officer's decision to issue or revoke the permit; and,
WHEREAS, because of the impact that a dog kennel can have on neighboring property owners,
they should be provided notice of dog kennel license applications or renewals and be provided an
opportunity to comment on the license; and,
WHEREAS, an opportunity should be provided to request a hearing before the Chief Animal
Control Officer before a license is issued or renewed; and,
WHEREAS, any party aggrieved by the decision on whether or not to issue a dog kennel license
should be allowed to appeal to the Kenai City Council under the provisions of KMC 14.20.290.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
recommends that the Kenai City Council amend KMC 13.15 to require that neighboring property
owners be notified of a pending kennel license application or application to renew a license, that
property owners be provided an opportunity to comment and to request a hearing before the
Chief Animal Control Officer, and that neighboring property owners be allowed to appeal
decisions of the Chief Animal Control Officer as provided in KMC 14.20.290.
Dated at Kenai, Alaska this day of 2010.
Chairman:
ATTEST:
Chapter 3.15 LICENSED FACILITIES
Sections:
3.15.010 Licenses required.
3.15.020 Licensing procedure.
3.15.030 License revocation.
3.15.040 Hearings Appeals.
3.15.050 Standards for operating facility.
3.15.010 Licenses required.
No person may operate a kennel facility without having a license Therefor issued
pursuant to this chapter.
3.15.020 Licensing procedure.
(a) Application for a license under this chapter shall be to the Chief Animal Control Officer.
The application shall include:
(1) The name and address of the applicant;
(2) The number and breeds of dogs to be kept in the facility;
(3) The type of facility the applicant proposes to operate under the license, and a
description of the proposed facility. An application for a license for a kennel to be
used for commercial purposes shall include a copy of a current Alaska Business
License for the operation of the kennel and a Borough Sales Tax application or
registration number;
(4) The address of the premises where the applicant proposes to operate under the
license, and the name and address of the owner of the premises;
A diagram of the premises on which the applicant proposes to operate under the
license. The diagram shall show the lot lines and the location and dimensions of
yards and structures on the premises where the applicant proposes to operate
under the license, designate the parts of the premises on which dogs will be kept,
and show the location and use of structures of adjacent lots. The diagram need
not be based upon a formal survey of the premises.
(6) The license fee required by KMC 3.05.100;
(7) Proof of a current rabies vaccination for each dog kept in the facility that is over
the age of three months.
(b) The Animal Control Office shall not issue a license under this chapter to any person who
has been convicted of neglecting an animal or cruelty to an animal.
(c) The Animal Control Office shall not issue a license under this chapter until it has
inspected the premises where the applicant proposes to operate the facility, and determines that
the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050.
(d) The Animal Control Office shall prepare a written report of the inspection's findings;
including any reason why the proposed facility does not meet the standards set forth in KMC
3.15.050 and any steps which the applicant may take to make the facility qualify for a license.
The Animal Control Office shall give the applicant a copy of the report.
(e) A license issued under this chapter shall expire on December 31st of the year in which it
is issued.
(f) An application to renew a license issued under this chapter shall be made [AT LEAST
THIRTY (30) DAYS AFTER] before the license expires, and shall be made in the same manner
as an application for a new license, provided that the applicant may rely upon materials
submitted with his original application to the extent they accurately portray the current condition
of the facility.
(g) Notification of an initial or renewal application shall be mailed to real property owners on
the borough assessor's records within a three hundred (300') foot periphery of the parcel
affected. The notice shall provide a date by which any comments regarding the application
should be submitted.
During the comment period, the applicant or any person receiving notice under this
subsection may request a hearing. Upon timely application under this subsection, the Chief
Animal Control Officer or his/her designee shall hold a hearing to determine whether the license
should be issued, renewed, conditioned, limited, or denied. Notification of the hearing shall be
mailed to real property owners listed on the borough assessor's records within a three hundred
(300') foot periphery of the parcel that is the subject of the proposed action. The notice shall be
mailed at least ten (10) days prior to the hearing and shall include the date, time. and place of
the hearing. A copy of the decision shall be mailed to all notified property owners, all persons
testifying or submitting comments and the applicant.
h [(G)]The applicant shall be informed in writing that the application or receipt of the license
provided for in this chapter does not relieve the applicant of meeting all zoning ordinance
requirements or any other applicable City, Borough, or State laws or regulations.
Qjj(H)] The applicant shall agree in writing that the kennel facility may be inspected by the Chief
Animal Control Officer or his /her designee at any time during business hours of the permittee.
3.15.030 License revocation.
(a) If an inspection of a facility licensed under this chapter reveals:
(1) The facility constitutes a health hazard;
(2) The facility violates a City or Borough ordinance or regulation;
(3) The facility violates a provision of this title, a term, condition, or limitation of a
license issued under this chapter or a City regulation promulgated under this title.
The inspecting agency may so notify the operator of the facility, stating in writing
the steps the operator may take to remedy the violation.
(b) The inspecting agency shall allow a facility operator who has been notified of a violation
under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy
the violation. At the end of that period, the inspecting agency shall re- inspect the facility to
determine whether the violation has been cured.
(c) If after re- inspection, the inspecting agency determines the violation has not been cured
or that new violations have occurred, the Chief Animal Control Officer may commence a
proceeding to revoke the license for the facility under KMC 3.15.040.
Before revoking a license under this chapter, the Chief Animal Control Officer or his/her
designee shall hold a hearing to determine whether the license should be revoked. If the
license is revoked, the Animal Control Office shall prepare a written decision as to why the
proposed facility does not meet the standards set forth in KMC 3.15.050. An appeal of the
decision may be filed as provided under KMC 3.15.040.
3.15.040 Hearings— Appeals.
A person aggrieved by the granting, revocation, renewing, limiting, conditioning, or denying of a
license under this chapter may. within fifteen (15) days of the date of the decision appeal the
decision to the City Council pursuant to the procedures in KMC 14.20.290.
[(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR
DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF
THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL
CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS
SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD
A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED,
CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE
DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN
THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL.
(B) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL
CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE
WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY APPEAL
TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION
SHALL BE FINAL.]
3.15.050 Standards for operating facility.
In operating a kennel facility, the operator shall:
(a) Comply with the provisions of this title, the terms, conditions, and limitations of any
license issued hereunder and any City regulations promulgated under this title.
(b) Provide shelter adequate to preserve the health of the animals kept in the facility.
(c) Maintain the facility in a sanitary condition.
(d) Provide for the adequate care and feeding of animals kept in the facility.
(e) Design and equip the facility so as to keep all animals on the premises.
(f)
sake.
Keep on that number of animals in the facility which is safe and healthy for the facility's
(g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or
occupiers of land in its vicinity.
MEMO:
Village with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907 -283 -3014 1 111r
1992
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: July 21, 2010
SUBJECT: PZI0 -29 Amendment to Chapter 12.10 Nuisances
The attached resolution is scheduled for public hearing on August 11, 2010. Ordinance
No. 2499 -2010 was introduced at Council on July 21, 2010. Mayor Porter will be asking
Council to postpone Council action to allow the Commission to comment and make a
recommendation to Council on the proposed amendment.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ1O -29
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF' THE CITY OF
KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ADOPT AN AMENDMENT TO KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO
INCLUDE IN THE DEFINITION OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND
ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE
OR BY OTHER MEANS.
WHEREAS, there are within the City many structures that have been damaged or destroyed by
fire or by other means and that have not been repaired, replaced, or removed, sometimes for an
extended period; and,
WHEREAS, there are also many properties within the City where owners or occupants have
failed to maintain the premises and the properties are so dilapidated that the failure to address
basic cleanliness and /or maintenance standards on the premises have adversely affected the
property values of surrounding properties; and,
WHEREAS, damaged and dilapidated structures and properties appeal both to children looking
for adventure and to persons seeking to engage in illegal activities such as the sale and use of
drugs, trespass, and the dumping of rubbish and noxious waste; and,
WHEREAS, damaged and dilapidated structures and unsightly premises negatively affect the
property values of parcels nearby and injure the surrounding neighborhood by discouraging
investment in the neighborhood and undermining a sense of community within the
neighborhood; and,
WHEREAS, the definition of what status and/or conduct is a public nuisance in the City's Code
does not include unsightly premises or buildings or structures that have been destroyed or
partially destroyed and where the owner has failed to make repairs or remove the remaining
structure and otherwise attend to the economic burdens of property ownership; and,
WHEREAS, the City of Kenai has an interest in encouraging active use of properties and in
discouraging the wasting of properties in order to prevent the loss of tax revenues from the
decline in property value of the destroyed or partially destroyed structure and from the decline in
property values of properties close to these structures or premises; and,
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, the City of Kenai also has an interest in regulating these premises in order to protect
the health and safety of the general public to discourage illegal uses and to prevent injury; and,
WHEREAS, it is in the best interests of the City to encourage proper property maintenance to
promote community, to protect the health and safety of its residents, to protect and preserve
property values, and to create a healthy tax base to support the provision of City services to the
general public.
NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF'
KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai Municipal
Code, Section 12.10.010, is hereby amended to read as follows:
12.10.010 Definitions.
In addition to other public nuisances declared by other sections of this Code, the following are
hereby declared to be public nuisances:
(a) The sale or offering for sale of unwholesome food or drink or a place where such sales or
offerings are made;
(b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the State
law or ordinances of the City, or a place where intoxicating liquor is sold, offered for sale, or
furnished in violation of the State law or ordinances of the City;
(c) The exposure, display, sale, or distribution of obscene pictures, books, pamphlets,
magazines, papers, documents, or objects, or a place where such are exposed, displayed, sold, or
distributed;
(d) A place where persons gamble, whether by cards, slot machines, punch boards, or
otherwise;
(e) A place where prostitution, illicit sexual inter[ ]course,['] or other immoral acts are
practiced;
(f)
(g)
A p[P]lace where activities in violation of State law or ordinance are carried on;
The public exposure of a person having a contagious disease;
(h) The continued making of loud or unusual noises which annoy persons of ordinary
sensibilities, or the keeping of an animal which makes such noises;
(i) The operation or use of any electrical apparatus or machine which materially and unduly
interferes with radio or television reception by others;
New Text Underlined; [DELETED TEXT BRACKETED]
(j) Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people
to gather so as to obstruct traffic on such street or sidewalk or which otherwise obstructs traffic
thereon, except as may be authorized by law or ordinance;
(k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which
mosquitoes breed or are[A] likely to breed, or which are so constructed, formed, conditioned, or
situated as to endanger the public health or safety;
(1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things which
are or are likely to be breeding places for flies, mosquitoes, vermin, or disease germs;
(m) Any building or structure which is dangerous to the public health or safety because of
damage, decay, or other condition;
(n) Any pit, hole, or other thing which is so constructed, formed, conditioned, and/or situated
as to endanger the public safety;
(o) Any fire or explosion hazard which endangers the public peace, health, safety, or welfare;
and,
(p) Any occupation or activity which endangers the public peace, health, safety, morals, or
welfare:,
(q) Any building or structure that is partially or wholly burned or otherwise partially
destroyed by other means and that is unsightly, hazardous to the safety of any person, a
continuing fire hazard, or is structurally unsound to the extent that there is a likelihood of injury
to any person entering the structure.
(r) Unsightly premises, including exteriors or structures maintained in such condition as to
become so defective or unsightly or in such condition of deterioration or disrepair that the
propert ca uses appr eciable diminution of the property valu of su rrounding propert y or is
materially detrimental to proximal properties and improvements. This includes the keeping or
disposing of or the scattering over the property or premises of any waste, lumber, or unused
objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or
containers; stagnant water or excavations; or any device, decoration, design, fence, structure,
clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location.
Section 4. Severability: If any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance
even without such part, provision, or application.
New Text C]nderline4; [DELETED TEXT BRACKETED]
Section 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take effect one
month after adoption.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND
ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC
CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF A
PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES
DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, August 11, 2010.
CHAIRPERSON: ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
f�re
KENAI ALASKA
CITY OF KENAI
ORDINANCE NO. 2499 -2010
Sponsored by: Mayor Pat Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION
OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES
DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS.
WHEREAS, there are within the City many structures that have been damaged or
destroyed by fire or by other means and that have not been repaired, replaced, or
removed, sometimes for an extended period; and,
WHEREAS, there are also many properties within the City where owners or occupants
have failed to maintain the premises and the properties are so dilapidated that the
failure to address basic cleanliness and /or maintenance standards on the premises
have adversely affected the property values of surrounding properties; and,
WHEREAS, damaged and dilapidated structures and properties appeal both to
children looking for adventure and to persons seeking to engage in illegal activities
such as the sale and use of drugs, trespass, and the dumping of rubbish and noxious
waste; and,
WHEREAS, damaged and dilapidated structures and unsightly premises negatively
affect the property values of parcels nearby and injure the surrounding neighborhood
by discouraging investment in the neighborhood and undermining a sense of
community within the neighborhood; and,
WHEREAS, the definition of what status and /or conduct is a public nuisance in the
City's Code does not include unsightly premises or buildings or structures that have
been destroyed or partially destroyed and where the owner has failed to make repairs
or remove the remaining structure and otherwise attend to the economic burdens of
property ownership; and,
WHEREAS, the City of Kenai has an interest in encouraging active use of properties
and in discouraging the wasting of properties in order to prevent the loss of tax
revenues from the decline in property value of the destroyed or partially destroyed
structure and from the decline in property values of properties close to these
structures or premises; and,
WHEREAS, the City of Kenai also has an interest in regulating these premises in order
to protect the health and safety of the general public to discourage illegal uses and to
prevent injury; and,
WHEREAS, it is in the best interests of the City to encourage proper property
maintenance to promote community, to protect the health and safety of its residents,
New Text Underlined. [DELETED TEXT BRACKETED]
Ordinance No. 2499 -2010
Page 2 of 2
to protect and preserve property values, and to create a healthy tax base to support
the provision of City services to the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 12.10.010, is hereby amended to read as follows:
12.10.010 Definitions.
In addition to other public nuisances declared by other sections of this Code, the
following are hereby declared to be public nuisances:
(a) The sale or offering for sale of unwholesome food or drink or a place where such
sales or offerings are made;
(b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the
State law or ordinances of the City, or a place where intoxicating liquor is sold, offered
for sale, or furnished in violation of the State law or ordinances of the City;
(c) The exposure, display, sale, or distribution of obscene pictures, books,
pamphlets, magazines, papers, documents, or objects, or a place where such are
exposed, displayed, sold, or distributed;
(d) A place where persons gamble, whether by cards, slot machines, punch boards,
or otherwise;
(e) A place where prostitution, illicit sexual inter[ )course or other immoral acts
are practiced;
(f) A p[P]lace where activities in violation of State law or ordinance are canted on;
(g) The public exposure of a person having a contagious disease;
(h) The continued making of loud or unusual noises which annoy persons of
ordinary sensibilities, or the keeping of an animal which makes such noises;
(1) The operation or use of any electrical apparatus or machine which materially
and unduly interferes with radio or television reception by others;
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Ordinance No. 2499 -2010
Page 2 of 2
O) Any use of a street or sidewalk or a place adjacent thereto which causes crowds
of people to gather so as to obstruct traffic on such street or sidewalk or which
otherwise obstructs traffic thereon, except as may be authorized by law or ordinance;
(k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which
mosquitoes breed or are(A] likely to breed, or which are so constructed, formed,
conditioned, or situated as to endanger the public health or safety;
(1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other
things which are or are likely to be breeding places for flies, mosquitoes, vermin, or
disease germs;
(m) Any building or structure which is dangerous to the public health or safety
because of damage, decay, or other condition;
(n) Any pit, hole, or other thing which is so constructed, formed, conditioned,
and /or situated as to endanger the public safety;
(o) Any fire or explosion hazard which endangers the public peace, health, safety,
or welfare; and,
(p) Any occupation or activity which endangers the public peace, health, safety,
morals, or welfare=
(q) Any building or structure that is partially or wholly burned or otherwise
partially destroyed by other means and that is unsightly, hazardous to the safety of
any person, a continuing fire hazard, or is structurally unsound to the extent that
there is a likelihood of injury to any person entering the structure.
(r) Unsightly premises, including exteriors or structures maintained in such
condition as to become so defective or unsightly or in such condition of deterioration
or disrepair that the property causes appreciable diminution of the property values of
surrounding property or is materially detrimental to proximal properties and
improvements. This includes the keeping or disposing of or the scattering over the
property or premises of any waste, lumber, or unused objects of equipment such as
automobiles, furniture, stoves, refrigerators, freezers, cans or containers; stagnant
water or excavations; or any device, decoration, design, fence, structure, clothesline or
vegetation that is unsightly by reason of its condition or its inappropriate location.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
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Ordinance No. 2499 -2010
Page 2 of 2
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August, 2010.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
New Text Underlined; [DELETED TEXT BRACKETED]
Introduced: July 21, 2010
Adopted: August 4, 2010
Effective: September 4, 2010
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
JULY 21, 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 comment limited to 10
minutes per speaker)
1. Sarah Souders Beekeeping in the City of Kenai,
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. PASSED UNANIMOUSLY. Ordinance No. 2496 -2010 Adopting
Updated Ownership, Zoning, and Land Use Maps for the Comprehensive
Plan for the City of Kenai.
2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The
Council," in Its Entirety and Specifically Addressing the Procedures for
Special Meetings of the City Council and Making Technical Corrections.
a. POSTPONED /SEPTEMBER 1, 2010. Substitute Ordinance No.
2497 -2010 Amending KMC Chapter 1.10 Entitled "The
Council," in Its Entirety and Specifically Addressing the
3. PASSED UNANIMOUSLY. Resolution No. 2010 -44 Awarding a Bid to
Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the
Total Amount of 196,945.
4, PASSED UNANIMOUSLY, Resolution No. 2010 -45 Declaring
Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold
as Allowed in Kenai Municipal Code 7.15.060.
ITEM E: MINUTES
Procedures for Special Meetings of the City Council and Making
Technical Corrections.
1. *Regular Meeting of July 7, 2010.
2. *Special Meeting of July 12, 2010.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. NONE. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding 15,000
3, INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2498 -2010
Increasing Estimated Revenues and Appropriations by 18,284.00 for
City Manager, City Clerk, and City Attorney Pay and Benefit Increases in
Excess of Originally Budgeted Amounts.
4. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2499 -2010
Amending KMC Chapter 12.10, Nuisances in General, to Include in the
Definition of a Public Nuisance Unsightly Premises and Also Certain
Structures Destroyed or Partially Destroyed by Fire or by Other Means.
5. APPROVED. Action /Approval Utility Easement /City of Kenai to
Horner Electric Association, Inc, to Provide Access to the Kenai
Community Library,
6, NO OBJECTIONS. Discussion Airport Access Permit
7, ADMINISTRATION TO DISCUSS WITH COUNCIL ON AGING.
Discussion Funding and Developing a Plan /Covered Parking at
Vintage Pointe.
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 J: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM K: ADDITIONAL PUBLIC COMMENT
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION None scheduled.
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
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.
(At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and
subsequently postponed the public hearing to the first meeting in August, 2010 (August
4, 2010).)
ITEM M: ADJOURNMENT
Philip Bryson
Chairman
Kenai City
Term Expires 2010
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2012
Alice Joanne Collins
PC Member
Anchor Point/ Ninlichik
Term Expires 2010
Cindy Ecklund
PC Member
City of Seward
Term Expires 2011
Dr. Rick Foster
PC Member
Homer City
Term Expires 2010
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
James lsham
PC Member
Sterling
Term Expires 2012
Brent Johnson
PC Member
KasiloflClam Gulch
Term Expires 2012
Harry Lockwood
PC Member
Ridgeway
Term Expires 2010
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2012
Linda Murphy
Parliamentarian
City of Soldotna
Term Expires 2011
Todd Petersen
PC Member
East Peninsula
Term Expires 2010
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
A. CALL TO ORDER
B. ROLL CALL
July 19, 2010 7:30 P.M.
Tentative Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk are consent agenda items. Consent agenda items are considered
routine and non controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda Items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in Its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will Inform the Chairman of your
wish to comment.
*1. Time Extension Requests
a. Murwood Estates Pankoski Addition
KPB File 2009 -104; Segesser Pankoski, Hills
Location: On Bernice Avenue in Soldotna
b. Centennial Shores Sub Piccini Addition
KPB File 2006 -317; Lobdell /Piccini
Location: Off Independence Street in Nikiski
c. Daniel P. Toloff Subdivision Kivi Addition
KPB File 2008 -237 [Eastham /Kivi]
Location: Kachemak Lane in North Kenai
d. Baughman Weilbacher's Retreat
KPB File 2004 -265 [Integrity/Wellbacher]
Location: On Kenai River off Big Eddy Road
e. Nedosik Tracts Tulin Skyline Highland
KPB File 2000 -130 [Johnson/Tulin]
Location: Skyline Drive, North of Homer
f. Tulin Terrace Subdivision East Terrace Addition
KPB File 2005 -123 [Anderson/Tulin]
Location: City of Homer
g. Tulin Birch Lake Subdivision
KPB File 2007 -224 Johnson/Tulin]
Location: East of Rector Street in North Kenai
*2. Planning Commission Resolutions
qlo
a. Resolution SN 2010 -09; Renaming certain existing streets within S11
T3N R12W in ESN 302 and within S29 T7N R11 W in ESN 501
(1) Cohoe Post Office Spur dedicated within KN 89 -25
Pettifogger's Place Subdivision; Renamed to Ness Rd.
Jason Taurialnen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
(2) Olson Ave dedicated within KN76 -89 Douglas Lake
Subdivision KN2003 -125 Betty Warren Estates; Renamed
to Baun Dr.
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070) None
*5. Plat Amendment Request
a. Renfro's Lakeside Retreat Number 5
KPB File 2010 -037 Integrity /Renfro
Recording No. SW 2010 -6
Location: West of Seward Highway within Moose Pass APC
*6. Coastal Management Program None
*7. Commissioner Excused Absences
a. Brent Johnson, Kasilof Clam Gulch
*8. Minutes
a. June 28, 2010 Plat Committee Minutes
b. June 28, 2010 Planning Commission Minutes
D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
(Items other than those appearing on the agenda. limited to five minutes per speaker unless prevlous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacate Ann's Drive, a 60 -foot right -of -way adjacent to Lots 1 -5 Block 6 of
Pace's Pleasant Haven Subdivision, Addition No. 1 (Plat KN 1654), and a
portion of the cul -de -sac at the east end of Ann's Road, dedicated by Pace's
Pleasant Haven Subdivision, Addition No. 1 (Plat KN 1654); said portion of
cul -de -sac is located west of the limits of Turnbuckle Terrace Road right -of-
way; within Section 28, Township 5 North, Range 10 West; Seward Meridian,
Alaska, within the City of Soldotna and the Kenai Peninsula Borough. KPB
File No. 2010 -090; Petitioner; Larry A. Needs of Soldotna, Alaska. Location:
City of Soldotna
2. Ordinance 2010 -19 Authorizing the Acquisition of Three Properties at
Fair Market Value Adjoining the Central Peninsula Hospital on Behalf of the
Hospital and Appropriating $2,312,650 from the CPH Plant Replacement
Fund for the Purchases
3. Public notice is hereby given that public hearings will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
Methods within the Kenai Peninsula Borough. Renaming rights -of -way that
have the same, or a similar sounding, name will enable 911 Emergency
Services to respond to emergencies in an efficient timely manner, thereby
avoiding delays in providing necessary emergency services.
a. Old Sterling Hwy partially shown on plats HM74 -1067 Stariski Park
1974 Addition HM79 -134 Stariski Park 1979 Addition; T 4S R 15W
SECTION 11, Seward Meridian, AK; Off of the Sterling Hwy in the
Anchor Point Community; ESN 401; REASON FOR CHANGE:
Duplication; PROPOSED NAME: Looksee Loop
b. Sunshine PI dedicated within HM 82 -66 Old Pioneer HM 83 -131
Old Pioneer No 2; T 4S R 15W SECTION 23, Seward Meridian, AK;
off of Cape Ninilchik Ave in the community of Anchor Point; ESN
401; REASON FOR CHANGE: Duplicate; PROPOSED NAME:
Warm Day Rd
c. Curry Ln dedicated within KN1406 Nikishka Subdivision No 3 as an
unnamed rd; Named Curry Ln by Street Name Resolution 1997 -05; T
7N R 12W SECTION 1 Seward Meridian, AK: Off of Kenai Spur Hwy
in the Nikiski Community; ESN 501; REASON FOR CHANGE:
Segmented due to Vacation; PROPOSED NAME: Curry Cir
d. Curry Ln dedicated within KN1437 Nikishka Subdivision No 5 as an
unnamed rd; Named Curry Ln by Street Name Resolution 1997 -05; T
7N R 12W SECTION 1 Seward Meridian, AK: Off of Halliburton Dr in
the Nikiski Community; ESN 501; REASON FOR CHANGE:
Segmented due to Vacation; PROPOSED NAME: Basil Ln
e. Bird St dedicated as Byrd Dr within KN 77 -25 Resubdivision of Tract
4 Heistand Subdivision KN 2002 -33 Bird Homestead Subdivision;
Renamed Bird St by SN 2005 -05; Partially vacated by KN 2008 -138
Bird Homestead Subdivision Part 3; T 5N R9W SECTIONS 27 28
Seward Meridian AK: Off of Kanak Ave within the Funny River
Community; ESN 302; REASON FOR CHANGE: Incorrect Suffix
due to partial vacation; PROPOSED NAME: Bird Cir
f. Estelle Ave (West) dedicated within KN 77 -25 Resubdivision of
Tract 4 Heistand Subdivision KN 98 -50 Pilot's Bend Subdivision
Part Four; T 5N R9W SECTION 28 Seward Meridian AK: Off of
Funny River Rd within the Funny River Community; ESN 302;
REASON FOR CHANGE: Segmented due to Vacation; PROPOSED
NAME: Fore Cir
g. Birdie Cir dedicated within KN 2002 -33 Bird Homestead
Subdivision; T 5N R9W SECTION 27 Seward Meridian AK: Off of
Estelle Ave within the Funny River Community; ESN 302; REASON
FOR CHANGE: Duplication; PROPOSED NAME: Fore Cir
h. Estelle Ave (East) dedicated within KN 2002 -33 Bird Homestead
Subdivision KN 2009 -97 Bird Homestead Subdivision Part 4; T 5N
R9W SECTION 27 Seward Meridian AK: Off of Pioneer Access Rd
within the Funny River Community; ESN 302; REASON FOR
CHANGE: Segmented due to Vacation; PROPOSED NAME: Estelle
Ct
Banta St surrounded by Government Lots 56 -61 72 -77; Officially
named Banta St by Ordinance 85 -35 establishing the first official
street name base maps; T 6N R 12W SECTION 23 Seward
Meridian, AK; Off of Henley Ave in the Salamatof Community; ESN
501; REASON FOR CHANGE: Segmented due to Vacation;
PROPOSED NAME: Jobber St
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
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Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
August 3, 2010
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
August 4, 2010
6:00 p.m.
Hope Sunrise
Hoe
Soc apHall
August 5, 2010
7 :00 p.m.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 19 preliminary plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
1. Section 21.18.090 Prior Existing Activities and Structures
Holly Montague, KPB Deputy Attorney
John Mohorcich John Czarnezki, Gilman River Center
M. ASSEMBLY COMMENTS
N. LEGAL REPRESENTATIVE COMMENTS
O. DIRECTOR'S COMMENTS
P. COMMISSIONER COMMENTS
Q. PENDING ITEMS FOR FUTURE ACTION
R. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Statewide Transportation Improvement Program Notice
FUTURE PLANNING COMMISSION MEETING
PLEASE NOTE: Location Change for this Meeting Only
The next regularly scheduled Planning Commission meeting will be held Monday, August 9,
2010 at the Donald E. Gilman River Center, 515 Funny River Road, Soldotna, Alaska at 7:30
p.m.
ADVISORY PLANNING COMMISSION MEETINGS
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
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MEMBERS:
JoAnne Collins
Anchor Point Ninilchik
Term Expires 2010
Cindy Ecklund
Seward City
Term Expires 2011
Dr. Rick Foster
(July Aug 9 Only)
Homer City
Term Expires 2010
Mari Anne Gross
Southwest Borough
Term Expires 2011
Linda Murphy
Soldotna City
Term Expires 2011
Jason Tauriainen
(Aug 23 Sept Only)
Northwest Borough
Term Expires 2011
ALTERNATES:
Paulette Bokenko-
Carluccio
Seldovia City
Term Expires 2012
James Isham
Sterling
Term Expires 2012
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. July 19, 2010
Tentative Agenda
A. CALL TO ORDER
1. Election of Officers (Chairman Vice Chairman)
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
3. Minutes
a. June 28, 2010 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Ar -Ness Subdivision Luy Addition Number 3
KPB File 2010 -085 [Integrity Arness]
Location: On Arness Road in North Kenai area
2. Wild Rose Sub Tay Addition
KPB File 2010 -089 [Integrity /Cone]
Location: City of Kenai
3. Kasilof Townsite Addition No. 3
KPB File 2010 -094 [Integrity /KPB, Baldwin]
Location: On Napakiak Street in Kasilof
4. Soldotna Junction Sub Shelmns Replat
KPB File 2010 -086
McLane /Erickson, McLane, Hoagland, Landess, Nelson, Sprague, Spencer]
Location: City of Soldotna
5. Mosquito Tracts Subdivision
KPB File 2010 -087 [McLane /BIA, Mosquito, Stevens]
Location: Across Cook Inlet, Trading Bay
6. Pace's Pleasant Haven Sub Addition No. 2
KPB File 2010 -088 [McLane /Needs]
Location: City of Soldotna
7. Bailey Park Sub APC Addition
KPB File 2010 -098 [McLane /Bailey]
Location: On North Fork Road in Anchor Point
Anchor Point APC
8. Memorial Park Sub.
KPB File 2010 -061 [McLane /City Soldotna, KPB]
Location: City of Soldotna
9. Eker Estates No. 3 Replat 2010
KPB File 2010 -092 [SeabrightNansandt, Weichand, Triplett]
Location: City of Homer
10. Townsite of Port Graham
KPB File 2010 -096 [SeabrightlPort Graham Village Council]
Location: Port Graham
11. Karen Sub Moore Addition No. 2
KPB File 2010 -093 [Whitford /Doyle, Beauchamp]
Location: City of Kenai
12. Patsy's Creek No. 5
KPB File 2010 -095 [Mullikin /Polushkin]
Location: On Morrison Drive in Homer
K -Bay APC
13. Puma View No. 6
KPB File 2010 -097 [Ability /Green]
Location: On Maria Road in Homer
K -Bay APC
14. W.R. Benson's Moore Replat
KPB File 2010 -099 [Ability /Moore]
Location: City of Homer
15. A.A. Mattox 1958 Seldovia Village Tribe Addn. 2
KPB File 2010 -100 [Ability /Seldovia Village Tribe]
Location: City of Homer
16. Hutcheon Acres
KPB File 2010 -101 [Imhoff Hutcheon]
Location: On East End Road in Homer
K -Bay APC
17. LOP Subdivision
KPB File 2010 -102 [Johnson /Letzring, Ostrander]
Location: On Kalifornsky Beach Road in Kenai
18. Shadura Sub 2010 Addition
KPB File 2010 -103 [Johnson /Heubsch, Cassidy]
Location: Off Irish Hills Avenue in Kasilof
19. Lucky Horseshoe Estates Unit 4
KPB File 2010 -104 [Johnson /Presley]
Location: On Chips Avenue in Anchor Point
Anchor Point APC
2
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
PLEASE NOTE: Please Note Location Change for this Meeting Only
The next regularly scheduled Plat Committee meeting will be held Monday, August 9, 2010
at the Donald E. Gilman River Center, 515 Funny River Road, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907- 714 -2215
Phone: toll free within the Borough 1- 800 478 -4441, extension 2215
Fax: 907 -714 -2378
e -mail address: plannina(cborough.kenai.ak.us
web site: www. borough .kenai.ak.uslplanningdeot
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