HomeMy WebLinkAbout2010-10-27 Planning & Zoning Packet1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
6. UNFINISHED BUSINESS:
8. PENDING ITEMS:
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 27, 2010 7:00 p.m.
6:30 7:00 p.m.
Work Session Beekeeping
Amendment to Title 3 Animal Control
*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. *October 13, 2010 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ10 -38 a resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by
amending the definition of "Kennel" to distinguish between commercial and non-
commercial kennels and to establish a notice process for kennel license applications and
renewals and to provide for an appeal process of kennel licensing decisions. 11
b. PZ10 -43 An application for a Conditional Use Permit for Short-term Rentals, for the
property known as Government Lot 15, (412 N. Forest Drive), Kenai, Alaska.
Application submitted by K. Theresa Hoogland dba Elevated Investments, LLC,
(Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. 17
7. NEW BUSINESS:
a. Telephonic Participation Discussion. 27
Agenda Page 2
October 27, 2010
9. REPORTS:
a. City Council 31
b. Borough Planning 35
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Kenai City Council Roster 39
b. Clerk's Approval of December 22, 2010 Meeting Cancellation 41
12. NEXT MEETING ATTENDANCE NOTIFICATION: November 10, 2010
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
*All items listed with an asterisk are considered to be routine and non controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *September 22, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209, Kenai, Alaska
Public safety factors related to the siting, design, construction, and operation of public
gas storage facilities
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 13, 2010 7:00 p.m.
a. PZ10 -37 An application for a Conditional Use Permit for a Home Business /Outside
Storage Yard, for the properties known as Lots 7 8, Luebke Subdivision (601 603
Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601
Highbush Lane, Kenai, Alaska. (Postponed from 10/22/10)
b. PZ10 -40 An application for a 5 -Foot Side Yard Setback Variance, for the property
known as Lot 10, Block 3, Silver Pines Subdivision Part 1(309 Ponderosa Street), Kenai,
Alaska. Application submitted by Michael and Karen Eberhard, 309 Ponderosa Street,
Kenai, Alaska.
c. PZ10 -41 An application for a Conditional Use Permit for a Natural Gas Storage
Facility for the property known as SE1 /4 SE14 Section 4, Township 5 N, Range 11 W
SM (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas
Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989.
d. PZ10 -42 An application for a Conditional Use Permit for a Natural Gas Storage Facility
Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge
Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC,
P.Q. Box 190989, Anchorage, Alaska 99519 -0989.
1
6. UNFINISHED BUSINESS:
a. PZ10 -38 a resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by
amending the definition of "Kennel" to distinguish between commercial and non commercial
kennels and to establish a notice process for kennel license applications and renewals and to
provide for an appeal process of kennel licensing decisions. Discussion/Set Public Hearing.
7. NEW BUSINESS:
a. Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai
Spur Airport Lease Property, Plat No. 78 -111 Discussion/Recommendation.
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Clerk's approval of November 24 meeting cancellation.
b. Quarterly Reports
Code Enforcement
P &Z Resolutions
Building Permits
c. Council Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements
Plan Priority List for State and Federal funding requests for Fiscal Year 2012
d. Board of Adjustment Decision Lynford Disque Revocation of Conditional Use Permit
PZ09 -30.
12. NEXT MEETING ATTENDANCE NOTIFICATION: October 27, 2010
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
2
CITY OF KENAI
PLANNING ZONING COMMISSION
OCTOBER 13, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF WAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:00 p.m.
1 -a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
A quorum was present.
1 -b. Agenda Approval
Commissioner Romain read the following changes to the agenda:
ADD TO: 1 -d. Excused Absences
5 -a. PZ 10 -37
MOTION:
Commissioner Romain MOVED to approve the agenda with the changes and
Commissioner Rogers SECONDED the motion. There were no objections. SO
ORDERED.
1 -c.
MOTION:
Consent Agenda
Commissioner Romain MOVED to approve the consent agenda and Commissioner
Rogers SECONDED the motion. There were no objections. SO ORDERED,
1 -d. *Excused Absences
Roy Wells (added at the beginning of the meeting)
Approved by consent agenda.
J. Twait, P. Bryson, K. Rogers, G. Brookman,
K. Koester, S. Romain
R. Wells
City Planner M. Kebschull, Planning Administrative
Assistant N. Carver, Council Member B. Eldridge,
Deputy City Clerk C. Hall
3
Roy Wells
Applicants email request to withdraw
application
*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.
ITEM 2: *APPROVAL OF MINUTES September 22, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT
3 -a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209,
Kenai, Alaska Public safety factors related to the siting, design,
construction, and operation of public gas storage facilities.
Mr. Goddard spoke regarding the safety issues related to natural gas storage facilities,
noting concern with poisoning of the water supply.
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
5 a. PZ10 37 An application for a Conditional Use Permit for a Home
Business /Outside Storage Yard, for the properties known as Lots 7 8,
Luebke Subdivision (601 603 Highbush Lane), Kenai, Alaska.
Application submitted by Michael Brown, 601 Highbush Lane, Kenai,
Alaska. (Postponed from 10/22/10)
Removed from the agenda. Applicant withdrew their request.
5 b. PZ10 40 An application for a 5 -Foot Side Yard Setback Variance, for
the property known as Lot 10, Block 3, Silver Pines Subdivision Part
1(309 Ponderosa Street), Kenai, Alaska. Application submitted by
Michael and Karen Eberhard, 309 Ponderosa Street, Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED to recommend approval of PZ10 -40 and Commissioner
Rogers SECONDED the motion.
City Planner Kebschull reviewed the staff report included in the packet, noting the
following conditions:
Special conditions or circumstances were present which were peculiar to
the land or structures involved which were not applicable to other lands or structures
in the same zoning district.
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 2
4
Wells
EXCUSED
Twait
YES
Bryson
YES
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
The special conditions or circumstances had not been caused by actions
of the applicant and such conditions and circumstances did not merely constitute a
pecuniary hardship or inconvenience.
The granting of the variance could not authorize a use that would not be
a permitted principal use in the zoning district in which the property was Located.
The granting of a variance must be the minimum variance that would
provide for the reasonable use of the land and /or structure.
The granting of a variance must not be based upon other non conforming
land uses or structures within the same land use or zoning district.
Twait read the rules of public hearing and opened the meeting to public hearing.
Jim Wood, 48969 Jones Road, Kenai Spoke in support of the variance.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedures.
5 c. PZ10 41 An application for a Conditional Use Permit for a Natural Gas
Storage Facility for the property known as SE 1 /4 SE 14 Section 4,
Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application
submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box
190989, Anchorage, Alaska 99519 -0989.
MOTION:
Commissioner Romain MOVED to approve PZ10 -41 with staff recommendations and
Commissioner Koester SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the applicant needed
to meet the following criteria:
The use was consistent with the purpose of this chapter and the
purposes and intent of the zoning district.
The value of the adjoining property and neighborhood would not be
significantly impaired.
The proposed use was in harmony with the Comprehensive Plan.
Public services and facilities were adequate to serve the proposed area.
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 3
5
Wells
EXCUSED
Twait
YES
Bryson
YES
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
The proposed use would not be harmful to the public safety, health and
welfare.
Any and all specific conditions deemed necessary by the Commission to
fulfill the above mentioned conditions should be met by the applicant and could
include, but were 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.
Kebschull recommended approval with the following requirement:
All permits required from City, State, and Federal agencies must be
approved prior to construction of the facility.
Twait opened the meeting to public hearing.
Edward Scarpace, CINGSA representative Spoke in support of the permit, noting
the operation would meet all fire and safety codes and a soils report was completed
that would be used to meet guidelines.
Vince Goddard, Kenai Spoke in opposition to the permit, noting concern value of
surrounding properties would decrease.
Henry Knackstedt, 1602 Barabara, Kenai Spoke in support of the permit.
There being no one else wishing to comment, the public hearing was closed.
Commissioner comments included:
There should be an evaluation of increased fire protection staffing.
The permit was appropriate for land use.
The company provided benefit to the community.
Concern of seismic problems.
VOTE:
MOTION PASSED UNANIMOUSLY.
5 -d. PZ10 -42 An application for a Conditional Use Permit for a Natural Gas
Storage Facility Well Pad for the property known as Tract F, Boat Ramp
Subdivision (1430 Bridge Access Road). Application submitted by Cook
Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage,
Alaska 99519 -0989.
MOTION:
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 4
6
Commissioner Romain MOVED to approve PZ10 -42 with staff recommendations and
all permits approved. Commissioner Rogers SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the applicant needed
to meet the following criteria:
The use be consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
The value of the adjoining property and neighborhood would not be
significantly impaired.
The proposed use is in harmony with the Comprehensive Plan.
Public services and facilities would need to be adequate to serve the
proposed use.
The proposed use could not be harmful to the public safety, health or
welfare.
Any and all specific conditions deemed necessary by the Commission to
fulfill the above mentioned conditions should be met by the applicant and could
include, but were 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.
Kebschull recommended approval with the following requirement:
All permits required by City, State and Federal agencies must be
approved prior to construction of the facility.
Twait opened the meeting to public hearing.
Richard Gentges, CINGSA Spoke in support of the permit and reviewed the
conceptual plan for the facility.
Commissioner comments included:
The estimated depth of directional wells would be 300 feet; the reservoir
is 4950 5150 feet below the surface.
There would be public comment allowed in the permitting process
through the Alaska Oil and Gas Conservation Commission (AOGCC).
Expansion at the site could occur if the market demanded. There was
space for two additional wells.
A seismic study would be published and before the AOGCC next week.
Vince Goddard, Kenai Spoke in opposition to the permit, citing public safety
issues.
Richard Gentges, CINGSA Spoke in support of the permit, noting CINGSA looked
at 48 different sites and considered the following: size of reservoir, location of field,
size of depletion, existing infrastructures, geologic characteristics, and dry natural
gas. Gentges noted there would be a public hearing at 9:00 a.m. at the AOGCC office
in Anchorage on October 19, 2010.
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 5
7
Wells
EXCUSED
Twait
YES
Bryson
YES
Rogers
NO
Brookman
NO
Koester
YES
Romain
YES
Edward Scarpace, CINGSA Gave each commissioner an article on a reservoir built
in 1975 with 39 penetrations.
There being no one else wishing to speak, the public hearing was closed.
Commissioner comments included commending Mr. Goddard on his information and
presentation.
VOTE:
MOTION PASSED.
Twait read the 15 day appeals process procedure.
BREAK: 9:04 p.m.
BACK TO ORDER: 9:12 p.m.
ITEM 6: UNFINISHED BUSINESS
6 -a.
Discussion /Set Public Hearing PZ10 -38 a resolution of the Kenai
Planning and Zoning Commission recommending Kenai City Council
amend Kenai Municipal Code Chapter 3, "Animal Control," by amending
the definition of "Kennel" to distinguish between commercial and non-
commercial kennels and to establish a notice process for kennel license
applications and renewals and to provide for an appeal process of kennel
licensing decisions.
Kebschull reviewed the staff report. Commission requested the public hearing be set
for October 27, 2010.
ITEM 7: NEW BUSINESS
7 a. Discussion /Recommendation Lease Application Kenai Nikiski Pipe
Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property,
Plat No. 78.111.
Kebschull reviewed the staff report, noting the proposed use met the requirements.
MOTION:
Commissioner Romain MOVED to recommend Council proceed with the lease
application and Commissioner Bryson SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 6
8
Wells
EXCUSED
Twait
YES
Bryson
YES
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 8:
ITEM 9: REPORTS
PENDING ITEMS None
9 a. City Council Council Member Eldridge reported this would be his last
meeting as a Council member, then reviewed the action agenda items of the October 6,
2010 City Council meeting.
Twait thanked Eldridge for his work on the Council and Commission.
9 b. Borough Planning Bryson reviewed the agenda of the October 11,
2010 Borough Planning Commission meeting, included in the packet.
9 c. Administration Kebschull reported the City Clerk had cancelled the
November 24 meeting, and would request cancellation of the December 22 meeting.
She noted there would be a work session at 6:30 p.m. on October 27, 2010 regarding
bee keeping within the city.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS
11 a. Clerk's approval of November 24th meeting cancellation.
11 b. Quarterly Reports
Code Enforcement
P &Z Resolutions
Building Permits
11 c. Council Resolution No. 2010 -57 Adopting the City of Kenai Capital
Improvements Plan Priority List for State and Federal funding requests
for Fiscal Year 2012.
11 d. Board of Adjustment Decision Lynford Disque Revocation of
Conditional Use Permit PZ09 -30.
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION:
12 a. October 27, 2010
Commissioner Romain reported he would not be able to attend the October 27
meeting.
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 7
9
ITEM 13:
ITEM 14:
MOTION:
COMMISSION COMMENTS QUESTIONS None
ADJOURNMENT
Commissioner Romain MOVED to adjourn and Commissioner Brookman SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 9:27 p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 13, 2010
PAGE 8
1 0
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ1O -38
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE
CHAPTER 3, "ANIMAL CONTROL," BY AMENDING THE DEFINITION OF "KENNEL" TO
DISTINGUISH BETWEEN COMMERCIAL AND NON COMMERCIAL KENNELS AND TO
ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE APPLICATIONS AND
RENEWALS AND TO PROVIDE FOR AN APPEAL PROCESS OF KENNEL LICENSING
DECISIONS.
WHEREAS, the Kenai Municipal Code (KMC) 3.05.010 provides a definition for kennels
but does not provide a definition that delineates commercial kennels from private
kennels; and,
WHEREAS, the KMC 3.15 requires a person keeping more than three dogs over the
age of four months to obtain a kennel license from the City of Kenai; and,
WHEREAS, KMC 3.15 does not require the City to notify neighboring property owners
of a pending kennel license application or renewal of an existing license; 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 THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE SECTION 3.05.010, "DEFINITIONS," as
follows:
New Text Underlined; [DELETED TEXT BRACKETED]
11
3.05.010 Definitions.
As used in Title 3:
1) "Animal" means all domestic or domesticated members of the Kingdom
Animalia.
2) "At large" means not under restraint.
3) "Cat" means a domestic or domesticated member of the family Felidae.
4) "Current rabies vaccination" means a vaccination:
a. As specified in the "compendium of animal rabies vaccines" prepared by
the Rabies Subcommittee of the National Academy of Sciences and by the
National Association of State Public Health Veterinarians, Inc. (1978);
b. Administered in accordance with state law; and
c. Evidenced by a rabies vaccination certificate in a form approved by the
State Division of Public Health.
5) "Dangerous Animal" means any animal which due to improper or inadequate
supervision or control has done an act harmful in its character to human
beings or animals, regardless of whether the act is done in a playful or hostile
manner.
6) "Dog" means a domestic or domesticated member of the family Canidae.
7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE
DOGS OVER THE AGE OF FOUR MONTHS.]
a. Kennel, Commercial means premises where four or more dogs over four
months of age are owned, kept, boarded, bred and/or offered for sale.
b. Kennel, Private means premises where four or more dogs over four
months of age are owned or kept for private enjoyment.
8) "Impoundment" means:
i. The seizure of animals by the methods set forth in KMC
3.25.010(d).
ii. Seizure of a vicious animal.
9) "Officer" means a person charged by law with the duty to enforce provisions of
this title.
10) "To own" an animal includes having title, keeping, harboring, and having
custody or control of an animal.
1 "Person" includes individual, joint venture, partnership, corporation, or
unincorporated association.
12) "Restrain" means:
a. physical confinement, as by leash, chain, fence, or building; or
b. under competent voice control when an animal is engaged in an activity
or form of training requiring that it not be physically confined; or
c. under competent voice control when an animal is on the property of its
owner.
13) "Sterile" means rendered incapable of reproduction by surgical operation.
14) "Vicious Animal" means an animal that has done an unreasonable act hannful
to human beings or animals which act is done in a hostile manner. Any animal
which has been twice adjudged a dangerous animal by a court of competent
jurisdiction, whether by a plea of no contest or guilty or by trial, shall be
considered vicious for purposes of penalties imposed by KMC 3.05.060(d).
New Text Underlined; [DELETED TEXT BRACKETED]
12
AND, NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE PLANNING AND
ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND CHAPTER 3.15 OF THE KENAI MUNICIPAL CODE, "LICENSED
FACILITIES," as follows:
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 facility 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;
(5) 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.
New Text Underlined; [DELETED TEXT BRACKETED)
13
(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 kennel
facility, and determines that the kennel facility meets the standards set forth in KMC
3.15.050 and that the applicant will operate the kennel facility in accordance with
standards set forth in KMC 3.15.050.
(d) The Animal Control Office shall prepare a written report of its [THE
INSPECTION'SI 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 31 [ST] of the year
in which it is issued.
(I) An application to renew a kennel facility license shall be made [AT LEAST
THIRTY (30) DAYS AFTER] before the current license expires, and shall be made in the
same manner as an application for a new license, An applicant for renewal may rely
upon materials submitted with a prior application for a kennel facility license provided
that the information accurately portrays the current condition of the kennel facility
and the applicant certifies that there have been no significant changes since the prior
application.
(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 where the applicant proposes to operate the kennel facility. 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 public hearing about whether an application should be
granted by the City. Upon timely request for a hearing, the Chief Animal Control
Officer or his /her designee shall hold a hearing to determine whether the kennel
facility 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.
New Text Underlined; [DELETED TEXT BRACKETED]
14
(h) f (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.
.(Q[(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 kennel facility constitutes a health hazard;
(2) The kennel facility violates a City or Borough ordinance or regulation;
(3) The kennel 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 kennel 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 kennel 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.
(d) 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
New Text Underlined; [DELETED TEXT BRACKETED]
15
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) Keep [ON] only that number of animals in the facility which is safe and healthy
for the facility's sake.
(g) Maintain the facility in such a manner that it does not constitute a nuisance to
owners or occupiers of land in its vicinity.
Dated at Kenai, Alaska this day of 2010.
Chair:
ATTEST:
New Text Undo' lined; [DELETED TEXT BRACKETED]
16
STAFF REPORT
To: Planning Zoning Commission
Date: October 4, 2010 Res: PZ10 -43
GENERAL INFORMATION
Applicant:
K. Theresa Hoogland 398 -7431
Elevated Investments, LLC
412 N. Forest Drive, Apt. B -1
Kenai, AK 99611
Requested Action: Conditional Use Permit Short-term Rentals
Legal Description: Government Lot 15
Street Address: 412 N. Forest Drive
KPB Parcel No.: 04304001
Existing Zoning: RS Suburban Residential
Current Land Use: Multifamily Residential
Land Use Plan: Neighborhood Residential
ANALYSIS
This is an application by the owner of Courtyard Gardens to provide short -term rentals at
the apartments located at 412 North Forest Drive. There are 36 apartments at the
Courtyard Gardens. Currently, there are multiple (17 -20) units that are furnished and
could be available for short -term rentals.
The apartment complex was built in 1977 and has provided apartment rentals since
construction. Since the applicant purchased the apartments, significant improvements
have been made to the complex, both interior and exterior.
The City became aware that short-term rentals were being offered at the complex and
notified the owner that a Conditional Use Permit was required. The applicant has worked
with the City to meet the application requirements.
General Information:
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:
17
5b
PZ10-43 Comments Page 2
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district,
The RS Zone is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The
specific intent in establishing this zone is to separate residential structures to
an extent which will allow for adequate light, air, and privacy; and, to
prohibit uses which would violate the residential character of the environment
and uses that generate heavy traffic in predominantly residential areas.
This development is located on a 2.5 acre parcel and is built to provide
sufficient off street parking and public areas. The apartment complex was
built in the late 1970's and has been compatible with development in the area.
The proposed short -term rentals could be provided so that the adjoining
properties are not adversely affected.
The use appears consistent with the zone.
2. The value of the adjoining property and neighborhood will not be significantly
impaired.
The applicant notes that since purchasing the property approximately 4 years
ago that significant improvements have been made to the buildings and the
grounds and believes that any affect on adjoining properties would have been
in the positive.
The value of the adjoining properties should not be significantly impaired by
allowing the short -term rentals.
3. The proposed use is in harmony with the Comprehensive Plan.
The property is classified as Neighborhood Residential. The Neighborhood
Residential district consists of single-family and multi family residential areas
that are urban or suburban in character. Typically, public water and sewer
services are in place or planned for installation. This land use district may
include both single-family and multi family dwellings subject to reasonable
density transitions and /or design compatibility. Formal public outdoor
spaces (parks) are a critical feature in this district. Small home -based
businesses may be accommodated within certain design guidelines.
Neighborhood institutional uses such as churches, schools, and day care
facilities may be intermixed if they comply with neighborhood design
guidelines.
18
PZ10 -43 Comments Page 3
The proposed short -term rentals appear in harmony with the Comprehensive
Plan.
4. Public services and facilities are adequate to serve the proposed use.
The modification from long -term rentals to short -term rentals should not
require additional public services. 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.
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.
No additional conditions are required to provide for the proposed short -term
rentals.
Building Official:
Primary use will continue to be long -term. No building code requirements for granting
Conditional Use Permit.
RECOMMENDATIONS
Courtyard Gardens is an existing 36 -unit apartment complex located on a 2.5 acre parcel.
The applicant purchased the property approximately four years ago and has made
extensive improvements to the property. The applicant has furnished several units and
started advertising the units for daily and weekly rentals. The applicant did not know that
short-term rentals (less than 30 days) required a Conditional Use Permit. The City has
not received any complaints regarding the complex and found out about the short-term
rentals through an advertisement.
The owner has worked with the City to complete the application for the Conditional Use
Permit. The proposed use appears consistent with the zoning ordinance and in harmony
with the Comprehensive Plan. There are no conditions necessary to provide for the use.
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ10 -43
2. Application
3. Drawings
19
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -43
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: K. THERESA HOOGLAND DBA ELEVATED INVESTIMENTS, LLC
USE: SHORT -TERM RENTALS
LOCATED: 412 NORTH FOREST DRIVE GOVENRMENT LOT 15
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04304001
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: September 23, 2010
2. This request is on land zoned: RS Suburban Residential
Tillage with a Past, C# with aFlstbtre
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 Fax: 907 283 -3014
www.ci.kenai.ak.us
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:
a.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on:
October 27, 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
SHORT -TERM RENTALS 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, OCTOBER 27, 2010.
CHAIRPERSON: ATTEST:
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PROPERTY .INFORMATION
PETITIONER. REP SENTATI (Iii ANY)
Name: I..{,." IAA QV' .a.. VA t o vk a
Property Tax ID 14,30 1
Mailing Address: t-(( Ai,, 0 r e...%,
Mailing Address:
Site Street Address: q J a J1/I 'p r e $1 al., le, P_ivt. �'t
Current Legal Description: r Lo f--1 S
Phone Number:
Conditional Use Requested For: (Describe the project, and use additional sheets if necessary)
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OWNER C, i vicc kti 11:1 =.tr ('FS 1 0- LAX
PETITIONER. REP SENTATI (Iii ANY)
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DOCUMENTATION
Required Attachments:
Wile with chi with a Enure
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
907 283 -75351 Fax: 907- 283 -3014
www.ci.kenai.ak.us 1992
APPLICATION FOR
CONDITIONAL USE PERMIT
Date:
p/'' k
St 21 1-
Completed Application Fornl
Site Plan
$100 Fee (plus applicable sales tax)
Tax Compliance Certificate filled (if applicable)
State Business License (if applicable)
4
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning Department staff of the PIanning and Zoning Commission for
administrative reasons. I understand that a site visit may be required to process this application. City of Kenai
personnel are authorized to access the above referenced property for the purpose of processing; this application.
8/16/2010
1 Signature: 4,44, 7.c422
Representatives must provide written is oof of authorization
22
Page 1 of4
Date: 9 j? /a
.Accepted. by:
Fee: 1 Tentative Hearing Date:
j Resolution No.:
CONDITIONAL USE STANDARD (KWIC 1
The Planning and Zoning Commission may only approve the conditional use if the commission finds
that all the following six (6) standards are satisfied. Each standard must have a response in as much
detail as it takes to explain how your project satisfies the standard. The burden of proof rests with you
Peel free to use additional paper if needed.
1. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district;
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8/16/2010 Page 2 of 4
23
LAND USE
Describe current use of property covered by this application: S
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North:
South:
East:
West:
5.The proposed use will not be harmful to the public safety, health or welfare;
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.
PROCEDURES FO I'. PERMITS REQURING
PU !U JC HEARINGS AN I$ NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC 14.20.280.
The Planning and Zoning Commission meets the 2 and 4 Wednesday of each month. To meet notice
requirements, the Planning Department must receive your completed application 21 days prior to the
meeting when the Public Hearing is scheduled.
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K6N ALASKA
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: October 21, 2010
SUBJECT: Telephonic Participation
'Village with a Past, Ci with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907 -283 -3014 1 1111
1992
The Commission requested a discussion relating to telephonic participation at meetings.
Attached is KMC 1.15.130 (Telephonic Participation) which provides for Council
members to attend meetings telephonically. If the Commission wishes to proceed with
a request to amend the code to provide Commissioners with the opportunity to attend
meetings telephonically, a motion should be made to Council for consideration. If
Council is amenable, an amendment to the code would be prepared for consideration.
/1
1.15.130 Telephonic participation. Page 1 of 2
Kenai Municipal Code
Up Previous Next Main Search Print No Frames
Title 1 AGENCIES, OFFICERS, AND EMPLOYEES
Chapter 1.15 RULES OF ORDER
remove hi Ig ►tighthkg 1
1.15.130 Telephonic_,partic[pation.
(a) A member of the Council may participate via telephone in a Council meeting, if the member declares that
circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the
vice -mayor or president pro tempore shall preside.
(b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a
particular meeting may participate via telephone at any one (1) meeting.
(c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7)
days prior to a council meeting, but not less than forty -eight (48) hours in advance of a meeting that the member
proposes to attend by telephone. Such notification shall be provided in writing (facsimile and/or electronic
transmission included), state whether such telephonic participation is pursuant to subsection (n) or (o), and shall
provide the physical address of the location, the telephone number, and any available facsimile, email, or other
document transmission service. Failure to provide the notification in writing and within the period of time
provided herein shall result in the member's exclusion from attendance of a council meeting through telephonic
participation. Upon written notification of the member(s) wishing to participate telephonically (within the
allotted timeframe), the Clerk shall notify all council members of the request.
(d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent.
(e) A member participating by telephone shall be counted as present for purposes of discussion and voting.
(f) The member participating by telephone shall make every effort to participate in the entire meeting. From
time to time during the meeting, the presiding officer shall confirm the connection.
(g) The member participating by telephone may ask to be recognized by the presiding officer to the same
extent as any other member.
(h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by
telephone at the member's expense.
(i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or
continue as scheduled and the Clerk shall attempt to establish or restore the connection.
(j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member
participating by telephone.
(k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council.
(I) Remarks by members participating by telephone shall be transmitted so as to be audible by all members
and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only
to those included in the executive session.
(m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication.
"Mayor" includes the vice -mayor or any other member serving as president pro tempore,
(n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve
(12) month period starting November 1st of each year.
(o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12)
month period starting November 1st of each year if the member declares that he or she is physically unable to
28
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1.15.130 Telephonic participation. Page 2 of 2
attend the meeting due to the need for extended medical care and treatment of the member or member's
immediate family.
(p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the
person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the
person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse.
(q) Council members are responsible for any telephone long distance and/or back -up material transportation
charges incurred due to their participation in a meeting via telephone unless they are absent from the community
on City business. A Council member is not considered to be on City business merely by attendance at a Council
meeting via telephone. Telephone long distance and/or back -up material shipping charges may be deducted from
the member's monthly stipend.
(Ords. 2130 -2005, 2168 -2006, 2203 -2006)
29
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ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
OCTOBER 20, 2010
7 :00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /wvw.ci.kenai.ak.us
1. Pledge of Allegiance
2. Roll Call
3. UNANIMOUSLY APPROVED. CERTIFICATION OF ELECTION
4. ADMINISTER OATHS OF OFFICE
5. POSTPONED TO 11/3/2010. ELECTION OF VICE MAYOR
6. Agenda Approval
7. 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. Vincent Goddard Public Safety Concerns Related to the Proposed
Natural Gas Storage Facility in Kenai.
2. John O. Robertson, PhD, P.E. Expert Witness Testimony Regarding
Public Safety Concerns Related to the Geology and Seismic Factors for
the Proposed Natural Gas Storage Facility in 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. 2514 -2010 Amending KMC
Chapter 4.30.015, Local Amendments to the National Electrical Code
2008, to Allow the Use of Non Metallic Cable in Type III, IV, and V
Construction as Otherwise Permitted in 334.10(3) of the National
Electrical Code 2008.
31
Ala
2. PASSED UNANIMOUSLY. Ordinance No. 2515 -2010 Increasing
Estimated Revenues and Appropriations by $3,600.00 in the General
Fund for the Purchase of Land for a Public and /or Charitable Use.
3, PASSED UNANIMOUSLY. Resolution No. 2010 -58 Authorizing the
Purchase of Approximately 4.234 Acres of Property Described as
Government Lots 131, 165 and 166, Section 31, Township 6 North,
Range 11 West, Seward Meridian, Kenai, Alaska from the State of Alaska
for $3,500.00 for a Municipal Production Well Site and Wellhead
Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or
Other Public Recreation Purposes.
4, PASSED UNANIMOUSLY. Resolution No. 2010 -59 Approving the
Budget Transfer of $25,000 for a Snowplowing /Sanding Service Contract
for Services at the Airport Terminal Building, Kenai Flight Service Station
and the Alaska Fire Training Center.
5. PASSED UNANIMOUSLY. Resolution No. 2010 -60 Supporting the
Use of Funding Provided Through the Economic Recovery Act for
Buccaneer Alaska and Possibly Other Companies to Acquire a Jack -Up
Drill Rig for Use in Cook Inlet.
ITEM E: MINUTES
1. APPROVED. *Regular Meeting of October 6, 2010.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED. *Ordinance No. 2516 -2010 Increasing Estimated
Revenues and Appropriations by 13,800 in the Visitors Center Fund for
Professional Services to Provide for a Collection Inventory.
4, INTRODUCED. *Ordinance No. 2517 -2010 Decreasing Estimated
Revenues and Appropriations by $8,167.75 in the Congregate Housing
Capital Project Fund Due to the Settlement Reached With the Insurance
Company.
5. INTRODUCED. *Ordinance No. 2518 -2010 Increasing Estimated
Revenues and Appropriations by $30,000 in the General Fund and
Vintage Pointe Capital Project Funds for Needed ADA Improvements.
32
6. APPROVED. Approval /Action Approval of Lease to Kenai Nikiski Pipe
Line, LLC (KNPL) for an Approximate 22,575 Square Foot Portion of Tract
A, Plat No. 78-111.
7. POSTPONED TO 11/3/2010. Discussion /Action Council
Commission /Committee Assignments
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.)
ITEM M: ADJOURNMENT
33
Philip Bryson
Chairman
Kenai City
Term Expires 2013
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2012
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2013
Cindy Ecklund
PC Member
City of Seward
Term Expires 2011
Dr. Rick Foster
PC Member
Homer City
Term Expires 2013
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2013
James Isham
PC Member
Sterling
Term Expires 2012
VACANT
PC Member
KasiloflClam Gulch
Term Expires 2012
Harry Lockwood
PC Member
Ridgeway
Term Expires 2013
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2012
VACANT
Parliamentarian
City of Soldotna
Term Expires 2011
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
October 25, 2010 7:30 P.M.
Tentative Agenda
PLANNING', COMMISSION WORK SESSION"
There will be .a Planning Commission work, session'on Monday, October 25 2010:irnmediately
following -the adjournrrient;of.the-Plat, Committee and prior to the Planning Commission meeting
regarding prior existing uses in KPB 21.18 code. The-'meeting will be held .m the Assembly'
Charrtbers of the KPB George A Administration' N. Binkley, Soldotna, AK
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers (Chairman, Vice Chairman Parliamentarian)
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. Triple Crown Estates No. 2 Phase 2
KPB File 2007 -178; Imhoff /Beachy
Location: East of East End Road on Greer Road
b. Sterling Highway Soldotna Urban RNV Acquisition
Right of Way Map Project F -021 -1 (38)
KPB File 2000 -004; State of Alaska /DOTPF
*2. Planning Commission Resolutions
a. Resolution SN2010 -15; Unnamed Private Rd within KN SW1 /4
SW1 /4 and KN NE1 /4 SE1 /4 N1/2 SE114 SE1 /4 Per Plat Waiver
Resolution 94 -21; T 2N R 12W Sections 01 02 Seward Meridian,
AK; off of Trapper St within the Cohoe community; ESN 302;
RENAMED TO: Lyra's Landing Rd
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070)
*5. Plat Amendment Request
*6. Coastal Management Program
*7. Commissioner Excused Absences
a. Paulette Bokenko Carluccio, City of Seldovia
35
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
*8. Minutes
a. October 11, 2010 Plat Committee Minutes
b. October 11, 2010 Planning Commission Minutes
D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacate a portion of Vincent Street, a 33 -foot right -of -way (changed from Old
Kasilof Road per Resolution SN 2005 -13), along the western boundary
adjacent to Lots 28 and 29; and vacate a 5 -foot underground utility and
clearing easement, dedicated and granted by Old Kasilof Subdivision (Plat
KN76 -167), within Section 6, Township 3 North, Range 11 West, Seward
Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2010-
147. Petitioners: Terence L. Teresa Cowart, Gerald Margaret L.
McGarry, Lisa R. Ronald M. Haakenson of Kasilof and Taylor Combs of
Soldotna, Alaska. Location: On Vincent Street in Kasilof
2. Vacate the west end portion of Glud Avenue a 60 -foot right -of -way and
associated utility easement, dedicated and granted by Glud Subdivision (Plat
HM 98 -73); within Section 35, Township 3 South, Range 15 West, Seward
Meridian and Kenai Peninsula Borough, Alaska. KPB File 2010 -144. Note:
a proposed turnaround cul -de -sac will be dedicated. Petitioners: Emmitt
D. and Mary E. Trimble of Anchor Point, Alaska. Location: On Glud Avenue
in Anchor Point. Anchor Point APC
3. Vacate the 66 -foot portion of a section line easement: The north 33 -feet
section line easement within Lot 4 of Koala Acres Addition No 3 (Plat KN 85-
93); located within Section 4, Township 7 North, Range 11 West; and the
south 33 -feet section line easement extending west from Halbouty Road to
Wolding Avenue; located within Sections 33, Township 8 North, Range 11
West; Seward Meridian, Alaska; and within the Kenai Peninsula Borough.
KPB File 2010 -145. Petitioners: Elsie M. Sidback, Mark D. Carrie L.
Anderson, and Brandon L. Ashley A. Anderson of Kenai, Alaska. Location:
West of Halibouty Road in Nikiski
4. Vacate a portion of the 30 -foot right -of -way easement within the panhandle of
a deeded parcel recorded in Book 39 Page 07 of the Homer Recording
District, within Section 7, Township 6 South, Range 13 West, Seward
Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough.
AND Vacate the 66 -foot portion of the section line easement underlying the
above right -of -way easement vacation centered on the line common to
Sections 7 and 8, extending north from Skyline Drive to the 1 /4 corner
common to said Sections 7 and 8; within Township 6 South, Range 13 West,
S.M., Alaska; within the City of Homer and the Kenai Peninsula Borough.
KPB File 2010 -152 2010 -153. Petitioner(s): Walt Wrede, City Manager for
the City of Horner. Location: City of Homer
5. Ordinance 2010 -38; An ordinance authorizing conveyance of .49 acres more
or less of land to the City of Homer.
36
2
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
November 2, 2010
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
November 3, 2010
6:00 p.m.
Hope 1 Sunrise
Hoe
Soc apHall
November 4, 2010
7:00 p.m.
6. Ordinance 2010 -40; Authorizing the Equal Value Exchange of Two
Substandard Lots in Kasilof for a 0.69 -acre Right -of -way Easement for the
Relocation of Woods Drive With Cook Inlet Region, Inc.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
1. Appeal from Citation and Enforcement Order by Marlis Schmid, "Amended
Tots 50 and 51, Poachers Cove Planned Unit Development KRD 87 -69
Issue resolved. Withdrawn. No further action needed.
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 8 preliminary plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. LEGAL REPRESENTATIVE COMMENTS
O. DIRECTOR'S COMMENTS
P. COMMISSIONER COMMENTS
Q. PENDING ITEMS FOR FUTURE ACTION
R. ADJOURNMENT
1. Kenai Planning Zoning Commission Minutes
September 22, 2010
2. Homer Spit Plan
3. Work Session Documents
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, October
25, 2010 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre
Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
37
3
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
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907 -714 -2200
Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215
Fax: 907- 714 -2378
e -mail address: plannincu borouoh.kenai.ak.us
web site: www. borough .kenai.ak.ustolanningdept
38
4
Council Member Name and Address
Home
Phone
Business
Phone
Email Address
Term
Ends
Mayor Pat Porter
City of Kenai
310 Rogers Road
Kenai, AK 99611
283 -4348
252 -5992 (cell)
Kenaimayorl0(a}msn.com
2013
Council Member Mike Boyle
City of Kenai
1516 Stellar Drive
Kenai, AK 99611
283 -0820
252 -9208 (cell)
mboylfp,alaska,com
2011
Council Member Robert Molloy
City of Kenai
110 S. Willow Street, Suite 101.
Kenai, AK 99611
283 -7102
283 -7373 (wk)
bob(ri)mollovforcouncil.com
2012
Council Member Joe Moore
City of Kenai
P.O. Box 403
Kenai, AK 99611
X 283 -4610
262 -7478 (p)
262 -6107 (1)
cpajoe(cialtrogco.com
2011
Council Member Ryan Marquis
City of Kenai
P.O. Box 569
Kenai, AK 99611
283 -7405
398 -8058 (cell)
ryan(iimarquisforkenai.com
2012
Council Member Terry Bookey
City of Kenai
P.O. Box 406
Kenai, AK 99611
283 -5705
394 -8040 (cell)
terrMbookeyforkenai.com
2013
Council Member Brian 0. Gabriel, Sr.
City of Kenai
2305 Watergate Way
Kenai, AK 99611
283 4519
690 2089 (cell)
briars ab rie acsalaska.net
2013
Or mail to Kenai City Hall:
c/o Carol L. Freas, Kenai City Clerk
210 Fidalgo Avenue
Kenai, AK 99611-7794
283 -8231 (p)
283-5068 (f)
pfreas(ulci.kenai.ak.us
Hannah Coffman
Student Representative to Council
46861 Mooseberry Avenue
Kenai AK, 99611
283 -8123
KENAI CITY COUNCIL
Meeting First and Third Wednesday
and begin at 7:00 p.m.
39
(10/21/10)
I i cc
Marilyn Kebschull
From: Carol Freas
Sent: Thursday, October 14, 2010 10:10 AM
To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com;
mboyle @alaska.com; kenaimayorl0 @msn.com; Robert J. Molloy (Bob) (molloylaw @ak.net);
Ryan Marquis
Cc: gabriell @alaska.net; terry @bookeyforkenai.com; Marilyn Kebschull; Corene Hall; Nancy
Carver; Rick Koch
Subject: Meeting Cancellation Request
Good morning all,
At its meeting last night, the Planning Zoning Commission requested its December 22, 2010 meeting be cancelled.
Because there is plenty of time to advertise the cancellation and plenty of time to schedule upcoming public hearings,
and pursuant to the Kenai City Council Policy for Commission, Committee, Board, and Council on Aging Meetings and
Work Sessions, I have cancelled the meeting.
If you have any questions, please contact me.
Carol L. Freas, City Clerk
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone: (907) 283 -8231
Fax: (907) 283 -5068
1
41