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HomeMy WebLinkAbout2010-11-10 Planning & Zoning Packet1. CALL TO ORDER: a. Roll Call b. Swearing In of Commissioner Navarre c. Agenda Approval d. Consent Agenda e. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November 10, 2010 7:00 p.m. 6:00 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 27, 2010 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -45 Luebke Subdivision Brown Addition A resubdivision of Lot 7 and 8 Luebke Subdivision, Plat KN86 -07. Plat submitted by Swan Surveying, P.O. Box 987, Soldotna, Alaska. 9 5. PUBLIC HEARINGS: a. PZ 10 -44 An application for a Conditional Use Permit for a wind turbine for the property known as Tract B2, Sprucewood Glen Subdivision No. 2 (10543 Kenai Spur Highway), Kenai, Alaska. Application submitted by R.L. Carlson, Limited Partnership, P.O. Box 240, Kenai, Alaska. 13 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: Agenda Page 2 November 10, 2010 a. City Council 27 b. Borough Planning 31 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. City Council Roster 33 b. Planning Zoning Commission Roster 34 c. Commissioner Wells Resignation Letter dated 10/25/10 35 d. Commissioner Navarre Appointment Letter dated 10/25/10 36 e. ADEC Scheduled Regional Haze Workshops Letter dated 10/22/10 37 12. NEXT MEETING ATTENDANCE NOTIFICATION: December 8, 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. *October 13, 2010 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. 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 Hoagland dba Elevated Investments, LLC, (Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Telephonic Participation Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 27, 2010 7:00 p.m. 1 b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai City Council Roster b. Clerk's Approval of December 22, 2010 Meeting Cancellation 12. NEXT MEETING ATTENDANCE NOTIFICATION: November 10, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: ITEM 1: CITY OF KENAI PLANNING ZONING COMMISSION OCTOBER 27, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: 1 -c. MOTION: Consent Agenda J. Twait, P. Bryson, K. Rogers, G. Brookman, K. Koester, R. Wells S. Romain City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Wells requested Scott Romain be added to the Excused Absence list. MOTION: Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Scott Romain (added at the beginning of the meeting) Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be 3 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 October 13, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -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. MOTION: Commissioner Bryson MOVED to recommend approval of PZ10 -38 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission had worked on the resolution in numerous work sessions. Twait read the rules of public hearing and opened the meeting to public comment. Bill Osborn, 423 Rogers Road, Kenai Requested clarification that the Animal Control Officer would be deciding if a kennel was legal. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Animal Control would make decisions related to kennels based upon facts and would need to defend that decision at the Council level. Thanked Mr. Osborn for his comments. Noted the resolution would give the Animal Control Officer better criteria for making decisions. Noted the resolution was a good first step, allowing for notification of surrounding neighbors and an appeal process. Verified that over four (4) animals would be considered a kennel. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 2 4 Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain EXCUSED Wells YES VOTE: MOTION PASSED UNANIMOUSLY. Kebschull noted the resolution would be introduced to Council at the November 23, 2010 meeting and the public hearing would be at the December 1, 2010 City Council meeting. 5 -b. PZ 10 -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. MOTION: Commissioner Rogers MOVED to approve PZ10 -43 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant would need to meet the following criteria: 1. The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not be significantly impaired. 3. The proposed use would be in harmony with the Comprehensive Plan. 4. Public services and facilities would be adequate to serve the proposed use. 5. The proposed use would not be harmful to public safety, health and welfare. 6. 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 would not be limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: The apartments were upgraded, with nice landscaping. The apartments were an asset to the community. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 3 5 Twait YES Bryson NO Rogers NO Brookman YES Koester YES Romain EXCUSED Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain EXCUSED Wells YES long term. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeals process procedure. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 a. Discussion Telephonic Participation. Commissioner comments included: There was great value in being present at meetings to deal directly with the public. It was commendable that a person was willing to call in. Telephonic participation would be limited to two (2) times in a 12 -month period, with two (2) more allowed for medical reasons. Telephonic participation was too much work for people travelling. Although calling in was not as good as being in person, it would be good to have as an option. MOTION: Commissioner Wells MOVED to recommend Council consider telephonic participation for Planning and Zoning commissioners. Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED. ITEM 8: ITEM 9: There would be annual reviews to verify the majority of rentals were still It was noted short term was anything less than 30 days. PENDING ITEMS None REPORTS PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 4 6 9 -a. City Council Council Member Molloy reviewed the action agenda of the October 20, 2010 City Council meeting, noting the October 5 election was certified and the November 17 Council meeting was rescheduled for November 23 to accommodate Council members attend the Alaska Municipal League annual conference. Molloy thanked Commissioner Wells for his service on the Commission and reported the Council had appointed Tim Navarre to the Commission. 9 -b. Borough Planning Commissioner Bryson reviewed the October 25, 2010 Borough Planning Commission meeting agenda which was included in the packet. 9 -c. Administration Kebschull reported there would be a public hearing for a conditional use permit for a wind turbine at the next Commission meeting (November 10, 2010). Kebschull reported Mr. Disque would be appealing the Board of Adjustment findings to the Court. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue, Kenai Noted if the Commission would be voting on an item on the agenda, it should be noted in the agenda so the public could participate. Schmidt also noted telephonic participation should not be allowed as the Commission was a quasi-judicial body. Barry Eldridge, 2679 Bowpicker Lane, Kenai Spoke in favor of telephonic participation. ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Roster 11 -b. Clerk's Approval of December 22, 2010 Meeting Cancellation ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. November 10, 2010 Kebschull noted there would be a work session at 6:00 p.m. prior to the regular meeting. There were no commissioners that would not be able to attend. ITEM 13: COMMISSION COMMENTS QUESTIONS Brookman Thanked Wells for his work on the Commission. Twait Thanked Wells for his work on the Commission. Wells Thanked the public and commissioners for their good wishes and noted he was impressed with staffs work in making sure he was prepared to participate as a commissioner. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 5 7 ITEM 14: MOTION: ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:55 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 6 8 STAFF REPORT To: Planning Zoning Commission Date: October 29, 2010 Res: PZ10 -45 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS This plat combines two lots into one larger lot containing approximately 18,564 square feet. The property is located in the Suburban Residential zone. The minimum lot size in the zone is 7200 square feet. The new lot exceeds the minimum lot size for the zone. The properties are located at the corner of Highbush Lane and Bumblebee Street, maintained streets. The subdivision is served by City water and sewer. There is a house located on the existing Lot 8. An installation agreement is not required. Because the subdivision increases the lot size, an encroachment is not created by the subdivision. RECOMMENDATIONS This is a simple plat that combines two properties into one large parcel. The resulting parcel meets all requirements for the Suburban Residential zone. The property is served with public utilities and located on developed streets. An installation agreement is not required. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ10 -45 2. Preliminary Plat Swan Surveying P.O. Box 987 Soldotna, AK 99669 262 -1014 Preliminary Subdivision Plat Luebke Subdivision Brown Addition A resubdivision of Lots 7 and 8 of Luebke Subdivision 603 601 Highbush Lane 04519037 04519038 RS Suburban Residential Vacant Residential Neighborhood Residential 9 E.4eci'of KENAI, ALASKA a. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -45 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat LUEBKE SUBDIVISION BROWN ADDITION was referred to the City of Kenai Planning and Zoning Commission on October 29, 2010 and received from SWAN SURVEYING. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES LUEBKE SUBDIVISION BROWN ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, NOVEMBER 10, 2011. CHAIRPERSON: ATTEST: 10 1115464A OVAL A7 Wigs SADA 11 AO sas =AT 6 AVW91I r0A AMMON 1141 tot SW. aR0A016 my BE UR0111ffi TeR Mgt ROMP RAW w a M160141Aa DC RAMC IS INS PIATiAC MCA 0 TO Nut WOE MAW All VAX GAM A MA R WPM iffit ytIp /6 ECM (If IAA mu.040 MIMIC LOIS 1 Tei A.®ATIAw Mr as Sae ay 1 E 070 O< Atral DOM MTN. CERTIFICATE of OWNERSHIP and DEDICATION r Cka W MY MON TAT I Al TIC OKR ON 111E PER. PAWN SIAM 4116 DESCRIO HEREON MD THAT 1 14 1113? AOCPI 7NS PLAN OF SUBOMNON MD BY NY FREE MDT OEOMC1 PAL PoGMS- of -YIAY 10 PUBLIC USE MO OR 451 ALL MEWS TO rlJ THE USE SHaAN. ti MICHAEL S. BROWN Notary's Acknowledgement Mated Ends l before me 00 W$ de7 d 7010 For NOW0 PSC FC(✓.,,,-„_ NioIIN HEMS_ q ti tti (N 89°56'03" E) 60' R/W BUMBLEBEE STREET (N 02 n act, LOT 3 LOT 5 LOT 6 n 0 ETJ LOT 4 (N 8957'55" E) 0 (132,60) LOT 7 -A 18,564 S.F. 0426 ACRES (132.61) w 0 a z 0 0 N aE 0 PLAT APPROVAL 0 110A TOM EMI 16116 6164116 *AA 000o 75. 7016 AMp pVdA IBe 1666A ONIN tO1NbAA. NOTES 00 UICENITY MAP sod 1'•11A1 11 I. AO 0W 00051 N 0k a N5515hpi x211.0 toraol .dm 400 M SAID al halo 710.10611 d lemm A2. prnmi 6r50 01 M aoMhalod FARO *Ain (A 000100_ ,A:d eam0 'Moire At lM 0111b 01 a May lo op IAA AxIwAN S FM 10 log drq R0.11.'t3a Aly E Atl 0110 OM Artwe Wanda from b OR yMpy i 0. 001515 Or" Mee pnlor d tem AA OW2 Q si'A or IaMA7 OA AUlaAEO a MOM MIL A. SWAN REGISTRATION N0. LS -6940 ,LAKE HOUSE ADDITION 10/7B! 0 OAR/ Kt LUEBKE SUBDIVISION BROWN ADDITION own inrnea Bran 650 MO* In IIlmf, AK, 99111 A IA91AA'OA CC AS 7 517 a Or 11015 A0 5*511 0010.011 L00707 W 115 OA X 511A SA PE INC Ott Or CM 100 ML INN TIE AO1 FaTAOMA MOO /110 114 AQH M70 =ILL COMM 15X000. rt.M 014 DCfaY SWAIN SURVEYING PA Bar 951 S AC 59689 P116501 907 -16 -1014 0Aa mow NAS C AT A/A art 5UWOs m 1449 RC To: Planning Zoning Cornrnission Date: October 25, 2010 STAFF REPORT Res: PZ1O -44 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS R.L. Carlson, Limited Partnership P.O. Box 240 Kenai, AK 99611 13 283 -6450 Conditional Use Permit Wind Turbine Tract B2, Sprucewood Glen Subdivision, No. 2 10543 Kenai Spur Highway 04705222 General Commercial (CG) Medical Facility Central Commercial General Information: Applicant would like to place a wind turbine on the property located at 10543 Kenai Spur Highway. Applicant describes the system as a "relatively small wind turbine." The turbine is manufactured by Proven Energy and is a Proven 11 Wind Turbine (see attached information). Wind studies are being accomplished which will determine the recommended height for the turbine. The proposed wind turbine meets all requirements of KMC 14.20.235 except minimum lot size. This lot is 12,196 square feet. The minimum lot size for wind turbines without a Conditional Use Permit is 20,000 square feet. KMC 14.20.235 regulates wind turbines. The following sections of KMC 14.20.235 are applicable to this application: KMC 14.20.235 (b) Lot and Zoning Requirements: o Allowed as secondary uses o Lots must be a minimum of 20,000 square feet o Lots less than 20,000 square feet require Conditional Use Permits o Property is zoned General Commercial (CG) o Monopole systems are allowed in the CG zone PZ10 -44 Comments Page 2 o Two (2) systems are allowed per parcel. Additional systems may be allowed by conditional use. o Building Permits are required. o Systems with a total height not exceeding 150' are allowed in the CG zone. o Minimum blade ground clearance in all zoning districts if fifteen (15') feet. o System must meet setback requirements for principal use as shown on the Development Requirements Table. o In the CG zone, setbacks are: Front 25'; Side 10'; and Rear 10'. There are other criteria that the system must meet which would be determined through the building permit process. 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. The CG Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. New single and two-family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. Wind Turbines are defined as secondary, accessory uses and as such would supplement a permitted development in the zone. The use is consistent with the General Commercial zone. 2. The value of the adjoining property and neighborhood will not be significantly impaired. It is difficult to determine if the proposed wind turbine would "significantly impair" the value of the adjoining property and neighborhood. The system proposed is a monopole system. These systems, in the typical line-of-sight appear no different than a street light. To meet the setback requirements, the base of the pole will be somewhat hidden by buildings. 14 PZ10 -44 Comments Page 3 3. The proposed use is in harmony with the Comprehensive Plan. This property is designated Central Commercial in the Land Use Plan. The Central Commercial district supports retail, service, and office businesses that serve all of Kenai and the larger region. It is the Kenai subregion's main commercial district. Retail, service, office, and public uses predominate. Non commercial uses, such as public offices, institutional uses, and dwellings may be appropriate among commercial uses within mixed use areas. 4. Public services and facilities are adequate to serve the proposed use. The wind turbine will be connected to the Homer Electric Association's grid. The connection must be approved prior to the building permit being issued. The power generated from the turbine will supplement the business' electrical costs. 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, All building codes will be met. An engineer must design the foundation plans. Prior to the building permit being issued, documentation that the turbine meets all requirements as prescribed in KMC 14.20.235. The proposed wind turbine 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. All building codes will be met for the installation of the system. The system will be built to conform to KMC 14.20.235(d)(12) and will not be climbable. There are no additional requirements recommended for the proposed use. Building Official: No issues. Based on a brief Internet search, it appears that most research has found that wind turbines have no negative impact on property values. Because we have no local statistic that I am aware of I find that the value of the adjoining property will not be significantly impaired. The wind turbine is a secondary, accessory use to support a commercial property. The use appears consistent with the Comprehensive Plan. 15 PZ10 -44 Comments Page 4 RECOMMENDATIONS This is an application for a Conditional Use Permit for a wind turbine for property located in the General Commercial zone. The proposed wind turbine meets all criteria listed in KMC 14.20.235 with the exception of lot size. Because the lot does not meet the minimum 20,000 square foot, the conditional use is required. To approve the permit, the Commission must find the application meets the criteria listed in KMC 14.20.150. Based on the information provided, it appears the wind turbine meets all the criteria required to issue the permit. Recommend approval. ATTACHMENTS 1. Resolution No. PZ10 -44 2. Application 3. Drawings 16 KENAI ALASKA U CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -44 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: R.L. CARLSON LIMITED PARTNERSHIP USE: WIND TURBINE LOCATED: 10543 KENAI SPUR HIGHWAY TRACT B2 SPURCEWOOD GLEN SD. NO. 2 (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04705222 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: October 20, 2010 2. This request is on land zoned: General Commercial Tillage with a Past, C# with a Frttrtre 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: November 10, 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 WIND TURBINE 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, NOVEMBER 10, 2010. CHAIR: ATTEST: 17 1 &K NTERPRIS KENAI CITY OF KENAI CITY OF ENAI CITY OF ENAI CITY OF KENAI CITY OF GENUINE PARTS C KENAI CITY OF 1 `3 '5 r �6 NAVARRE MIKE PZ1 0-44 Carlson Conditional Use Permit Wind Turbine RRE MICHA HOLIDAYALASKA 60 1 LICHEN LLC KENAI CITY OF �y3 L LIM BRIAN 4 O'REILLYAUTOMO EAGLE HARBOR IN NNA EAGL OS JOS 7 p TALIA O EAGLE ARBOR IN 7 SMITH MCDONA BO a WILCOX KENAI PLAZNCAR .9j 18 RANGUETT SHAWMUT BANK CO SCHILLING MICHA NIEBAUER tP SCHILLING MICHA LEVITT ALASKA INDUSTRI HAIGHT 'ICHAEL Subject Parcel EAGLE HARBOR IN EAGLE HARBOR IN HRISTOPH W ELLIS LA Y O KENAI PLAZAS -8 WELL E E HARR S REAL IN KENAI RESIDENCE KE I CITY PROPERTY INFORMATION Pro ert Tax ID OL o '"L`� Site Street Address: p ;9 Kavl,,,i Current Lein' Descri )tion:" r`" 61 R 5 S. 5e cste PAIW iui.✓+ tri 0% o3c S+r i.-.1obA esll Conditional Use Requested For: (Describe the project, and use aciclitional sheets if necessary) c v- 5e'2-- t 'cam d 5 4- t Q- k Or 1L Ct-524-c r (5 CV re a vi clad. -En -oe 1 v\ 1 e, t& c Its +o elat. c Po__6;F:Jo.ly t [,.)tivv� iulbu e ,,....,o, „....,o, i.z- trots to 1 S c.. col.. CS c.. Licc. lRI” `C' citl ikl A 4-1-All' IA4 1 k ,,,A v S V i i to —LZ -o- (,A 3 GxFf CASE 0 ii, i d,be-t.,,t. fs ivsto 0,....- ?tbJe tlia ,,..A ��+.b‘1 v1.w. g cl0-+'es 4Co _s 41'ta -,Se efo`koklAr"< ?rNa21c-i -ccA i.fivi ,5' t.�cZio% rrgwi-b', vE t bp_ O 5.01 tbO Enrcjv, Zoning: 6 Acreage: �:1-fe:. OWNER PETITIONER REPRESENTATIVE (Its ANY) Name: V.. L Crae15art. L- 11 Q4.4'`o.R.,e5k'ic. Name: 5E-ott Car 15ro Mailing Address: 'O 6 x 1,14O Mailing Address: p0 Got `Jr L) V- 9z.v\o,; t 1 qci W. t v.g.,s.+m.i M. ctc1.61 k Phone Number: 0,t7) L$3- Phone Number: 6:0 ;3S °'1 Fax Number: (6101) 11;3 .5sW 1 Fax Number; do 255-°5vi-11 Email: 50AtCt' kgyig,i 4. oc,t 0 v" Email: Scatt' `a ken/IA. c l'ac. c -Qw\ Required Attachments: Completed Application Form Site Plan /Floor Plan with Square Footage $100 Fee (plus applicable sales tax) ICPB Tax Compliance (if applicable) State Business License (if applicable) 9/27/2010 the of REHAV ARAM kNy 'Villa e with a Past C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -75351 Fax: 907 283 -3014 11110 www.ci.kenai.ak.us .APPLICATION FOR CONDITIONAL USE PERMIT K1A[C 14.20.150 19 Date: 10 J Ili DOCUMENTATION AUTHORITY TO APPLY FOR CONDITIONAL USE; I hereby certify that (I am) (1 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 Planning 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 pplication. ate: /Ue2.0 11r Signature: Representatives must provide written proof of authorization 1992 Page 1 of4 U 54 062. CONDITIONAL USE STANDARD (KMC 14.20.150) 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_talrks to e how your project satisfies the standard. The burden of proof rests with you. Feel free'tq use additionApaper if needed. i 1. The ie is coris stent with the purpose of this chapter and the purposes and intent of the zoning dirict; tIAiS CG ovue.. 1 ea'l ligli'ccil A-w 1��'c�vtc.n. -e* G5 5 WL lop Y eavtp okb (Q- icajti W11 S�rv��e e �ssL�v�.t z�, �'S j Ct.. o L l vt_ei iaz vlsz -5 Q,,r'rz aCCQ.55 2>v 5 G 41A> vt k 1 1Z,Dvt-L-. 1 S 1 P L.i 'tn} trr 2.The value of the adjoining property and neighborhood will not be significantly impaired; p L%ca�n.ta.v� t oc is 5t 1e, e o t f l ✓t C� u� JJ t t vt S E�-� e vwt4 Cp p� t iE ItiD 06.5if U..Lk oCC ,tinj \01:C. s a-(' oh" Ac cat ri v�� r t�t,nit r c L ose_ +o y+o Dy\d/— AL50i S lr, w(tev llno's Saws �1.,� -his t1re_,) 1v xo .fn_' a•e. yntnfi C -11167 J saw pvscrtJ a., cz,.vikVGzn c� v�,r Stc�2 t� -�l i� 5kfa f ne I 'F �n� 'A-14,1,45 i v�j �OIh.S t(w..55 [7t� aa O ;II t tA-5 el' vQe:l'tl DY ry D Q r j "t P, IOA:i 5 i5 L )1t 1R C.1. 5 3. The proposed use is in harmony with the Comprehensive Plan; OkS sz.c 1 -5(1) ri cLse. i 5 t vN r^tMay[ 4. Public services and facilities are adequate to serve the proposed use; G 0 1 4 4o wl G„„' ,115 I'1G 15 0.. t I ce.- /y 5Q Ci) CN otc =\,1A WAR. vIA Eby,. Yvwvl y cz C) ccA t v� -S' a e 5�vnu d vLt, 1N41 Q s/tr1 t J -ft 1. v. 4 wd,v t yje v r:, vt 'ANA 51/W24./k• L.a 1, (3, 114.e to( vL 9/27/2010 20 Page 2 of 4 LAND USE Describe current use of property covered by this application: rii o c. li, cc3,1 Vac; h ty Surrounding property: (Describe how land adjacent to the property is currently being used) North: 1 tnia -c 1 South: 1 1,f 4A_ 6¢.Q -4s c3,Pel‹.1.V15 1,15"t' l 51 sNefl W i `aka-. MO kg.s„ 24" East: l^ ice* CY .c.Ll� S 7 esJ 4��v 1 t i to c l� [3� v. In �-X`�' L +.1 )1L, uve 1, West: t 51/\(,) 1 Cdr lel Lot rs— TV- Cm__ toes:: (S bl.,.F' vv ;vl Ly S.The DVO losed use will not the harmful to the public safety, health or welfare; 'NA5 a_ 5 10u71'e_5 cbiLvz;t �1, G4...(, 'd c «c 0: •-to c.oelt e5 Ck,vt 1/L4. Co. ttiecn x,11`i `%v‘Ah 4l 1 1 e.0 t 1 1 LcL_ e.0.5 ✓ln.ri/.e -rp k,„) C51(.5 L k t ar.Anay mid al sd3ecific a:oaeditio;i s deemed necessary by the coasautimissiOXi uo fulfill the Gabove•- mentiokled conditions should be net by the applicant. These may include, but are not limited to ixmeRsures relative to access', screening, site development, Ihaaiiding design, operation .of the use and other similar aspects related to the proposed use. 9/27/2010 r Cra 90 Ga s el/Q..2j U X 1 1 n c or 1 Vtn fH J f os c,th '1(VA\ 1/4 ALL_ IL_ U 1 VI c9 N OiSL..r es,4 l �..a V-0- 0:k %Tre'\ 21 ease• sLaftc 5iCA,xu.0 V a Tfv c?,A Page3 of 4 October 20, 2010 To Whom It May Concern: As owner of the MediCenter, I would like to gain permission to place a low impact wind turbine on a tower on the corner of my property located at 10543 Kenai Spur Highway. Along with this letter I have attached other documents giving you further information about the size, the height, the weight, and other specs. that might be needed. I have consulted with Gary from Gary's Electric on the matter and upon reading the Kenai Municipal Code 14.20.235 we believe that we could do it without being a hindrance to anything in the area. Gary is certified and licensed to install these properly thus minimizing the risk of such structure to anyone concerned. 1 appreciate you taking the time to consider my proposal. Sincerely, Dr. R. Lynn Carlson MediCenter (907) 2839118 P.O. Box 240 Kenai, !-Alaska 99611-0240 Phone 283 -9118 Fax: 283-9154 22 ROTOR TYPE: Downwind, 360 degrees free yawing SPEED CONTROL: Self regulating BLADES: 3 blades, passive coning and pitch control ROTOR DIAMETER: 5,5m RATED SPEED: 200 rpm 1217/s ROTOR THRUST: 10kN GENERATOR TYPE: Brushless permanent magnet, direct drive OUTPUT: Grid connect, battery charging 24148V, direct heating 240V switch DC TOWERS TYPE: Self-supporting hinged monopole HUB HEIGHT: 9m or 15m PAD FOUNDATIONS (rootpp. tions also available) 3.80m x 3.80m x 1.00m (15m tower) 3.0517 x 3.05m x 1.00m (9m tower) WEIGHT TURBINE HEAD: 6OOkg TOWER: 678kg (9m) TOWER: 1200kg (15m) SOUND EMISSION Ongoing testing data not yet available PERFORMANCE CUT -IN WIND SPEED: 2.5mJs MAX WIND SPEED (survival): 70mJs ESTIMATED ANNUAL YIELD: 6,000 12,000kWh BUILD MATERIALS AND COLOURS FRAME: Galvanised steel, grey (not visible) BLADES: Glass thermoplastic composite, black or white COVERS: Plastic. black or white TOWERS: Galvanised steel, grey Sr/ k tir yk Peninsui Zorough Property Report 04705222) c Wed Oct 20 2010 10:54:25 AM gj 0. ki.; yvkl. NO. 8 SPRUCEWOOD GLEN NO. Parcel Number: Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: Legal Description: Number of Structures: 1 Structure Year Built C01 1987 04705222 10543 KENAI SPUR HWY CARLSON R L LIMITED PARTNERSHIP PO BOX 240 KENAI, AK 99611 30 KENAI CITY 350 General Commercial 0.28 $123,100 $466,400 $589,500 $589,500 T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0840305 SPRUCEWOOD GLEN SUB NO 2 TRACT E32 Square Ft Structure Type 5,120 MEDOFF 24 DISCLAIMER: The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. {taw\ FT 41 V tA c 4 t coAerjAk ti3� .r�s S:61..^ 1 t v+ c 4-vr 1.0:, O Kenai Peninsula Borough Property Report 04705222 Yw «i 3 I-5 0 cw, Parcel Number: Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: Legal Description: Number Of Structures: 1 Structure Year Built C01 1987 04705222 10543 KENAI SPUR HWY CARLSON R L LIMITED PARTNERSHIP PO BOX 240 KENAI, AK 99611 30 KENAI CITY 350 General Commercial 0.28 $123,100 $466,400 $589, 500 $589,500 T 5N R 11W SEC 5 SEWARD MERIDIAN SUB NO 2 TRACT B2 Square Ft Structure Type 5,120 MEDOFF 25 jtaes fau« 3tti o\ s. Wed Oct 20 2010 10:54:25 AM DISCLAIMER: The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. KN 0840305 SPRUCEWOOD GLEN ITEM. Az CALL TO ORDER I ENAII CITY COUNCIL m REGULA MEETING NOV aM P.M. 2010 7 :00 V KEN_ CITY COUNCIL CIt3[[AM..,E S http:/ /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF VIICE MAXIM 4. Agenda Approval 5, 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. I[TE1V E ITEM C: IITEM D: SCEIEIIULED PU1 LIC COMMENTS (Public comment limited to 10 minutes per speaker) UNSC$$E minutes per speaker) Pl[T LI(C IEIIE IINGS (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.) ULED L1[l }iLIC COMMENTS (Public comment limited to 3 GENDA 27 1. Ordinance No. 2516-2 10 Increasing Estimated Revenues and Appropriations by 13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 2. (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. 3. Ordinance N. 251 =:2010 Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 4. I esolution No 2010 -61 Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. 1ETE1Vi Eo MINUTES 1. *Regular Meeting of October 20, 2010. ITEM Fe IITE1k& Go NEW UNFINISHED USINESS USIINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. Action /Approv.i1 Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. 4. Actions /Approval Amendment /Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center. 5. Discussion/Action Schedule Board of Adjustment Hearing /Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning Zoning Commission Approval of 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; and, 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. 6. Discussion /Action. Council Commission /Committee Liaison Assignments. 7. Discussion /Action: Telephonic Participation for Planning Zoning Commissioners at Commission Meetings. IITE II: COMMISSION/ CO1Il!l1l IrTEI REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 28 IITE1W )I ITEM NT: 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 1. City Manager 2. Attorney 3. City Clerk EPO) T OF THE MAYOR ITEM J: L MIINIISTR& TIION REPORTS ITEM IC: .&DDFINON r`•.L 1U 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: JPENLUWG LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) AD JOU NMEW 1`Iy LJ C COMMENT 29 KPB BOROUGH PLANNING AGENDA gb 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) Kenaimayor10@msn.com 2013 Council Member Mike Boyle City of Kenai 1516 Stellar Drive Kenai, AK 99611 283 -0820 252 -9208 (cell) mboyle@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 @moll.oyforcouncil,com 2012 Council Member Joe Moore City of Kenai P.O. Box 403 Kenai, AK 99611 283 -4610 262 -7478 (p) 262 -6107 (f) cpaioe@altrogco.com 2011 Council Member Ryan Marquis City of Kenai P.O. Box 569 Kenai, AK 99611 283 -7405 398 -8058 (cell) ryan@marquisforkenai.com 2012 Council Member Terry Bookey City of Kenai P.O. Box 406 Kenai, AK 99611 283 -5705 394 -8040 (cell) terry@bookevforkenai.com 2013 Council Member Brian G. Gabriel, Sr. City of Kenai 2305 Watergate Way Kenai, AK 99611 283 -4519 690 -2089 (cell) briangabriel@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) efreas @ci.kenal.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. 33 (10/21/10) Commission Member Name and Address Home Phone Business Phone Email Address Term Ends Kurt B. Rogers Planning Zoning Commission 5335 King Salmon Drive Kenai, AK 99611 283 -7898 korkev@vahoo.com 2012 Tim Navarre Planning Zoning Commission P.O. Box 92 Kenai, AK 99611 394 -2303 283 -5636 timnavarre(rlgmail.com 2010 Phil Bryson Planning Zoning Commission P.O. Box 1041 Kenai., AK 99611 283 -4428 283 -4672 pbryson(u7,wcbalaska.com 2010 *Scott Romain Planning Zoning Commission 425 Rogers Road Kenai, AK 99611 283 -6174 A53-)1)3(0 sromai cr alaska, net 2011 Jerry Brookman Planning Zoning Commission 715 Muir Avenue Kenai, AK 99611 283 -9329 brookman4ialaska.net 2011 *Jeff T Planning Zoning Commission 1808 Julie Anna Drive Kenai, AK 99611 283 -3919 398 -4624 itwaitjalaska.net 2012 Karen Koester Planning Zoning Commission 845 Set net Drive Kenai, AK 99611 283 -2094 262 -2016 KkoesterO?vahoo.com 2012 Council Member Robert Molloy City of Kenai 110 S. Willow St., Ste 101 Kenai, AK 99611 283 -7102 283 -7373 bobAmollovforcouncil.com Council Liaison Council Member Barry Eldridge City of Kenai 2679 l3owpicker Lane Kenai, AK 99611 283 -7152 barn/ eldridg cryahoo.com Alternate Council Liaison Marilyn Kebschull, Planner City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283 -8235 mkebschull@ci.kenai.ak.us City Admin. Liaison *EFFECTIVE, 11TOVEI�' ER 1, 201® PLANNING ZONING CONIMISSI`�}N Meets Second and Fourth Wednesday 7:00 p.m. Kenai City Council Chambers *Chair *Vice Chair 34 (10/25/10) KEN October 25, 2010 Roy A. Wells 410 Lawton Drive Kenai, AK 99611 RE: PLANNING ZONING COMMISSION RESIGNATION City of Kenai At its meeting of October 20, 2010, the Kenai City Council noted your resignation from the Planning 86 Zoning Commission effective November 1, 2010. Upon your departure from the Planning 8s Zoning Commission, the Kenai City Council and City Administration thank you. The time and effort you contributed to the City during your service is an example of a dedicated citizen working for a better tomorrow for the community of Kenai. Again, thank you for your dedication to the City of Kenai! CITY OF KENAI Pat Porter Mayor clf A Ik K aye with a Past, Gi`y with a Frttptre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us 35 KENAI\�� ALASKA October 25, 2010 Tim Navarre Planning Zoning Commission P.O. Box 92 Kenai, AK 99611 RE: APPOINTMENT PLANNING ZONING COMMISSION City of Kenai CITY OF KENAI a t,/,,te Carol L. Freas City Clerk elf Enclosures IId "Village with a Past, Ci y with a Frtitr/re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us At its regular meeting of October 20, 2010, the Kenai City Council confirmed your appointment to the City of Kenai Planning Zoning Commission effective November 10, 2010. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." 2. KMC Chapter 1.85 entitled, "Financial Disclosure and Conflict of Interest." 3. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 4. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and work sessions. 5. "Open Meetings Act" memorandum. 6. 8/27/03 C.R. Graves memorandum entitled, Commission and Committee Powers. 7. KMC Chapter 14.05 entitled, "Planning Zoning Commission." 8. KMC Title 14 entitled, 'Planning Zoning." 9. City of Kenai Comprehensive Plan. 10. Alaska Planning Commission Handbook, 11. Planning Zoning Commission Membership List. The Planning Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. in the Council Chambers. Meeting agendas and packets will be mailed to you prior to each meeting. The meeting packet for the November 10, 2010 will be forwarded to you both by mail and on the City of Kenai website. Also enclosed is a 2010 Public Official Financial Disclosure Statement. You are required to complete the Statement and return it to me within 30 days (Wednesday, November 24, 2010). If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. 36 f City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 To whom it may concern: EPT. OF ENVIRONMENTAL C NSE VATI ON DIVISION OF AIR QUALITY AIR NON -POINT AND MOBILE SOURCES iii Subject: ADEC Scheduled Regional Haze Workshops 10/22/2010 J SEAM PARNELL, GOVERNOR 619 E. Ship Creek Ave, Ste 249 Anchorage, AK 99501 -1677 C PHONE: (907) 269 -7695 FAX: (907) 269 -7508 http://www.dec.state.ak.us/ The Alaska Department of Environmental Conservation Division of Air Quality seeks your assistance in notifying the public of upcoming workshops the ADEC will be holding. These workshops will be held to provide the public additional information regarding the recently issued public notice that adds a new section to the Alaska Air Quality Control Plan. The new section addresses the Regional Haze Rule, the federal rules for protection and improvement of visibility in designated federal Class I Areas. Alaska has 4 federal Class I Areas subject to the Regional Haze Rule: Denali National Park, Simeonof Wilderness Area, Tuxedni Wilderness Area, and Bering Sea Wilderness Area. With this letter, five copies of the Regional Haze Flyer have been included. This flyer provides pertinent information on where workshops are being held, a link to Regional Haze documents, and an individual to contact for further assistance. The department requests that you please hang these flyer's up or hand them out to individuals interested in learning more about Regional Haze. The ADEC would greatly appreciate your help in this matter because the public's participation and feedback is vital to this process. Please contact me at (907) 269 -7695 or by email at paul.oneel @alaska.gov if you have any questions regarding this request for assistance. Thank you for your time. Enc.: Five copies of Regional Haze Flyer Supplemental Notice of Public Comment Period 37 Sincerely, Paul O'Neel Environmental Program Specialist 4 Vow Printed on Recycled Paper Lxample of how Regronal'Haze care a fect vrslbility at Denali National Park You might be asking yourself, "What exactly causes Regional Haze Well you're in luckl The Alaska Department of Environmental Conservation (ADEC) Division of Air Quality has scheduled workshops to provide information to the public regarding the Regional Haze State Implementation Plan (SIP). These workshops will provide the public an opportunity to participate and learn what Regional Haze is and ADEC's role. Workshop Locations: Healy: Wednesday, November 3, 2010, 6:30- 8:30p.m., Tri- Valley Community Center, Healy, AK 99743 Soldotna: Thursday, November 4, 2010, 7:00- 9:00p.m., Soldotna Sports Center, 538 Arena Ave, Soldotna, AK 99669 Sand Point: Tuesday, November 9, 2010, 7:00- 9:OOp.m., Library meeting room, Sand Point AK 99661. Please note, if staff is unable to reach Sand Point due to weather, efforts will be made to hold a telephonic question and answer session. A Public Review Draft of the Regional Haze SIP may be viewed at: http: /www.decstate.ak.us /air /anpms /rh /rhsip.htm For further information on these workshops please contact: Cindy Heil by telephone at (907)269 -7579, or by email at cynthia.heil@alaska.gov. 38 SUPPLEMENTAL NOTICE OF PUBLIC COMMENT PERIOD ON PROPOSED CHANGES TO ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGULATIONS The Alaska Department of Environmental Conservation (ADEC) proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code (AAC) Chapter 50 Air Quality Control. This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PUBLIC COMMENT PERIOD that was issued on October 7, 2010. This supplemental notice adds specific information on workshops scheduled by the department regarding the Regional Haze State Implementation Plan and directs interested parties to revisit the ADEC webpage to ensure that they have the correct version of the proposed amendments to 18 AAC 50.030. ADEC is proposing to amend the State Air Quality Control Plan to adopt the following documents by reference Volume II, Section III.D.VI: Interstate Transport of Particulate Matter is being revised to meet the requirements of the Clean Air Act, Section 110(a)(2)(D)(i) for the 2006 PM 2.5 annual and 24 -hour, primary secondary National Ambient Air Quality Standards; Volume II, Section III.F: Open Burning is being revised to include "In Situ Burning Guidelines for Alaska, Revision 1", revised August 2008; and to update the Open Burn Application requirements as found in Alaska's Enhanced Smoke Management Plan; Volume II, Section III.K: Areawide Pollutant Control Program for Regional Haze is a new section being adopted by reference to meet the regulatory requirements of 40 CFR §51.308; and to meet the regulatory requirements of Alaska's regional haze Federal Implementation Plan notice; Volume III, Appendices to Volume II, is being revised to include the appendices for Alaska's Areawide Pollutant Control Program for Regional Haze. You may comment on the proposed regulation changes, including the potential costs to private persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to Scott Sloane, Division of Air Quality, ADEC, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska 99811 -1800, or by facsimile at: (907) 465 -5129. Comments must be received by 5:00 p.m. on Friday, November 19 2010. Comments received after this date will not be considered in final action on these rules. The Department will hold a public hearing on this proposal on Tuesday, November 16 2010 from 12:30 -1:30 pm, at the ADEC Bayview Office Building, Conference Room A, 619 Ship Creek Drive, Anchorage, Alaska. Oral or written comment may be submitted at the hearing. The hearing will be extended if necessary to accommodate those present before 1:30 pm who did not have an opportunity to comment. If you will not be able to attend the public hearing in person, please contact Cindy Heil at (907) 269 -7579 by Friday, November 12 2010 to make arrangements to participate by phone. A toll free call -in number will be provided to those who make arrangements in advance. Workshops: DEC has scheduled workshops to provide information regarding the Regional Haze State Implementation Plan (SIP) and answer questions that the public may have about the Regional Haze Plan. No public testimony will be taken at these workshops. Staff will be available to present information and respond to questions and answers. Workshops will be held at the following locations and times: Healy: Soldotna: Sand Point: 6:30 PM to 8:30 PM on Wednesday, November 3, 2010, Tri- Valley Community Center, Healy, AK 99743 7 PM to 9 PM on Thursday, November 4, 2010, Soldotna Sports Center, 538 Arena Ave, Soldotna, AK 99669 -8200 7 PM to 9 PM on Tuesday, November 9, 2010, Library meeting room, Sand Point AK 99661. Please note, if staff are unable to reach Sand Point due to weather, efforts will be made to hold a telephonic question and answer session. The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need a special accommodation in order to participate in this public process, please contact Deborah Pock at (907) 269 -0291 or TDD Relay Service 1 -800- 770 8973 /TTY or dial 711 within 20 days of publication of this notice to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes and the Regional Haze documents please refer to this ADEC webpage http: /www.dec. state .ak.us /air /ap /calendar.htm, or contact Scott Sloane by telephone at (907) 465 -5176, or by e -mail at scott.sloane @alaska.gov. Please revisit the Regional Haze web page to ensure that you have the correct version of the regulations. An incorrect version of the regulations was inadvertently posted for a short time. After the public comment period ends on November 19 2010, ADEC will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public inspection. Statutory Authority: AS 46.03.010, AS 46.03.020, AS 46.14.030, AS 46.14.510 Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.010, AS 46.03.020, AS 46.14.030, AS 46.14.510 Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. Dated: October 20 2010 Larry Hartig, Commissioner