HomeMy WebLinkAbout2011-02-23 Planning & Zoning Packet1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Kurt Rogers
Phil Bryson
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 23, 2011 7:00 p.m.
6 to 7:00 p.m.
Work Session
Outdoor Wood Burning Boilers
*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. *January 26, 2011 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZI 1 -05 Woodland Subdivision -T- Christian Addition A resubdivision of Lots 8 and
9, Block M, Woodland Subdivision Part 2. Plat submitted by McLane Consulting, Inc.,
P.O. Box 468, Soldotna, Alaska. 11
5. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. PZ11 -04 (PZ06 -27 amended) Transfer of Conditional Use Permit- Cabin Rental from
Steve and Rick Voth, Captain Bligh's Beaver Creek Lodge, for the property known as
Lot 1,James H. Cowan Estates (1010 Angler Drive), Kenai. Application submitted by
Michael Joyce Nelson, 4441 East Birchwood Drive, Wasilla, Alaska. 15
b. PZI 1 -06 A Resolution of the Kenai PIanning and Zoning Commission recommending
Kenai City Council amend Chapter 14.24, "Development Requirements Tables," of the
Agenda Page 2
February 23, 2011
Kenai Municipal Code to change the setback requirements on properties within the
airport perimeter fence and making technical corrections. Discussion. Set public
hearing. 27
c. Ordinance No. 2537 -2011 An Ordinance of the Council of the City of Kenai, Alaska,
amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to
provide for new regulation of Beekeeping within the City of Kenai including the citation
procedures and penalties for violation of ordinances and making technical changes and
corrections. Discussion. Schedule work session. 37
8. PENDING ITEMS:
9. REPORTS:
a. City Council 43
b. Borough Planning 53
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Memo Code Enforcement Update 59
b. Kenai River Center Project Applications
Pacific Star Seafoods (Kenai River) 65
12. NEXT MEETING ATTENDANCE NOTIFICATION: March 9, 2011
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
I. CALL TO ORDER:
a. Roll Call
b. Election of Chair Vice Chair
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
6. UNFINISHED BUSINESS:
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
January 26, 2011- 7:00 p.m.
*All items listed with an asterisk are considered to be routine and non controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *January 12, 2011
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ11 -01 An application for a Conditional Use Permit for a Natural Gas Production
Facility for the property known as a portion of the W1 /2 Lying North of Kenai Spur
Highway Excluding Baron Park Subdivision No. 7 No. 12 (700 Marathon Road),
Kenai, Alaska. Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo
Lane, Suite 420, Houston, Texas.
b. PZ11 -02 A resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Kenai Municipal Code Chapter 3.10, Control and Treatment
of Animals, to provide for new regulation of beekeeping within the City of Kenai
including the citation procedures and penalties for violation of ordinances, and making
technical changes and corrections.
7. NEW BUSINESS:
a. *PZ11 -03 An application for a Home Occupation for a Daycare for the property known
1
as Lot 1, Block L, Woodland Subdivision Part 1 (530 Ash Avenue), Kenai, Alaska.
Application submitted by Lupine M. Orlob, Sproutlets Creative Learning, 530 Ash
Avenue, Kenai, Alaska.
b. Outdoor Wood Burning Boilers Discussion/Schedule Work Session.
S. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Commissioner Rogers request for excused absences for February meetings.
12. NEXT MEETING ATTENDANCE NOTIFICATION: February 9, 2011
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 2
2
ITEM 1:
A quorum was present.
1 -b.
MOTION:
CITY OF KENAI
PLANNING ZONING COMMISSION
JANUARY 26, 2011
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 :00 p.m.
1 a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
Agenda Approval
K. Koester, S. Romain, T. Navarre, J. Twait,
P. Bryson, K. Rogers
None
City Planner M. Kebschull, Planning Assistant
N. Carver, Council Member R. Molloy, Deputy City
Clerk C. Hall
Commissioner Bryson read the following additions to the agenda:
ADD: 1 4. Administer Oath of Office
5 a. Letter of Project Support
11 b. Planning and Zoning Commission Roster
11 c. Commissioner Knackstedt Appointment Letter
Commissioner Bryson MOVED to change the order of the agenda as follows:
1 b. Agenda Approval
1 c. Administer Oath of Office
1 d. Election of Chair and Vice Chair
1 e. Consent Agenda
1 f. Excused Absences
and approve the agenda as amended. Commissioner Navarre SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -c. Administer Oath of Office
Mayor Porter administered the Oath of Office to Henry Knackstedt and Commissioner
Knackstedt took his seat at the dais.
1 -d. Election of Chair and Vice Chair
MOTION:
Commissioner Bryson MOVED to nominate Jeff Wait as Chair and Scott Romain as
Vice Chair and Commissioner Rogers SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -e.
MOTION:
Consent Agenda
Commissioner Navarre MOVED to approve the consent agenda and Commissioner
Bryson SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -f. *Excused Absences
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
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 January 12, 2011
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 2
4
5 a. PZ11 01 An application for a Conditional Use Permit for a Natural Gas
Production Facility for the property known as a portion of the W1/2
Lying North of Kenai Spur Highway Excluding Baron Park Subdivision
No. 7 No. 12 (700 Marathon Road), Kenai, Alaska. Application
submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite
420, Houston, Texas.
MOTION:
Commissioner Romain MOVED to approve PZ11 -01 with staff recommendations and
Commissioner Koester SECONDED the motion.
City Planner Kebschull reviewed the staff report included in the packet, noting the
following:
1. The use was consistent with the purpose of the 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 was in harmony with the Comprehensive Plan.
4. Public services and facilities are adequate to serve the proposed use.
5. The proposed use would 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,
which 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:
1. All permits required from City, State and Federal agencies must be
approved prior to construction of the facility.
Kebschull called the Commissioner's attention to the lay -down letter of project support
from the Kenai Chamber of Commerce.
Twait read the rules of public hearing and opened the meeting to public hearing.
Carol Bannock, 1908 Aliak, Kenai Introduced herself as Executive Director of the
Kenai Chamber of Commerce and read the Chamber's support resolution.
Rick Baldwin, 3080 Kim N Ang Court, Kenai Introduced himself as a
representative of the Kenai Economic Development Strategy Action Team and spoke on
its behalf in support of the project.
There being no one else wishing to speak, the public hearing was closed.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 3
5
Koester
YES
Romain
YES
Navarre
YES
Twait
YES
Bryson
YES
Rogers
YES
Knackstedt
YES
Koester
YES
Romain
YES
Navarre
YES
Twait
YES
Bryson
YES
Rogers
YES
Knackstedt
YES
Commissioner Bryson noted there had been an omission in the legal description of the
property.
MOTION:
Commissioner Bryson MOVED to amend the resolution by adding Section 33 to the
legal description and Commissioner Romain SECONDED the motion.
VOTE ON AMENDMENT:
MOTION PASSED UNANIMOUSLY.
Commissioner comments included:
Inquiry if the Fire Training Center could be used as offices.
Noted the production facility would only be on a portion of the property
and, if it was determined the facility could be moved, the change would
require another public hearing.
VOTE ON MAIN MOTION AS AMENDED:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 -day appeal process procedure.
5 b. PZ11 02 A resolution of the Kenai Planning and Zoning Commission
recommending Kenai City Council amend Kenai Municipal Code Chapter
3.10, Control and Treatment of Animals, to provide for new regulation of
beekeeping within the City of Kenai including the citation procedures
and penalties for violation of ordinances, and making technical changes
and corrections.
MOTION:
Commissioner Romain MOVED to approve the recommendation to City Council and
Commissioner Rogers SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the amendment
would be to the portion of the Code regarding livestock.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 4
6
Koester
YES
Romain
YES
Navarre
YES
Twait
YES
Bryson
YES
Rogers
YES
Knackstedt
YES
Twait opened the meeting to public hearing.
Sarah Souders, 1103 Oak Avenue, Kenai Ms. Souders spoke in opposition to the
amendments and specifically to the need for Items 3 and 4 under 3.10.070.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Navarre MOVED to remove Item 4 under 3.10.070 and requested
UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion.
VOTE ON AMENDMENT:
There were no objections. SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
MOTION PASSED UNANIMOUSLY.
ITEM 6:
ITEM 7: NEW BUSINESS
7 a. *PZ11 03 An application for a Horne Occupation for a Daycare for the
property known as Lot 1, Block L, Woodland Subdivision Part 1 (530 Ash
Avenue), Kenai, Alaska. Application submitted by Lupine M. Orlob,
Sproutlets Creative Learning, 530 Ash Avenue, Kenai, Alaska.
Approved by consent agenda.
UNFINISHED BUSINESS None
7 -b. Discussion /Schedule Work Session Outdoor Wood Burning Boilers.
Kebschull reviewed the memorandum included in the packet and Twait opened the
meeting to public hearing.
Carolyn Unger, 1076 Walnut, Kenai Ms. Unger spoke in support of holding a work
session.
There being no one else wishing to speak, the public hearing was closed.
General Commission discussion occurred and a work session was scheduled for
February 23, 2011 at 6:00 p.m.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 5
7
ITEM 8: PENDING ITEMS None
ITEM 9: REPORTS
9 a. City Council Council Member Molloy reported on the following items:
A decision was made in the Goddard Board of Adjustment Hearing of
December 13, 2010.
The January 19, 2011 Council Meeting.
The Work Session on the Open Meetings Act on January 24, 2011.
9 b. Borough Planning Commissioner Bryson reported on the Borough
Planning Commission Meeting of January 24, 2011.
9 c. Administration Kebschull reported the Commission would see an
application for a variance on the Dena'ina Clinic due to the proposed size of the
building and they would be reviewing plats and landscape site plans for the project as
well.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS
11 a. Commissioner Rogers request for excused absences for February
meetings.
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION
12 a. February 9, 2011
Commissioners Twait and Rogers noted they would not be available to attend the
February 9 meeting. Commissioner Bryson noted he would be absent from the
February 9 and 23, 2011 meetings.
ITEM 13: COMMISSION COMMENTS QUESTIONS
Knackstedt Noted he was pleased to begin his term on the Commission and he
would remain on the Airport Commission.
Romain Welcomed Knackstedt to the Commission.
Koester Thanked the public for their comments.
Navarre Noted concern with the coloring on wind turbines. Kebschull read the
portion of the Code that said wind turbines could not be bright colored or reflective.
ITEM 14: ADJOURNMENT
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 6
8
MOTION:
Commissioner Navarre 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 8:23 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
JANUARY 26, 2011
PAGE 7
9
To: Planning Zoning Commission
Date: February 2, 2011
STAFF REPORT
Res: PZ11 -05
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
ATTACHMENTS:
1. Resolution No. PZ11 -05
2. Preliminary Plat
McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
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.
283 -4218
Preliminary Subdivision Plat Woodland Subdivision Christian
Addition
A resubdivision of Lots 8 and 9, Block M, Woodland Subdivision
Part 2
1104 Oak Avenue 613 Maple Drive
04329027 04329028
RS Suburban Residential
Vacant Residential
Neighborhood Residential
This plat combines two lots into one larger lot containing approximately 19,750 square
feet. The property is located in the Suburban Residential zone. The minimum lot size in
the zone is 7,200 square feet. The new lot exceeds the minimum lot size for the zone.
The properties are located at the corner of Oak Avenue and Maple Drive, and are
maintained streets. The subdivision is served by City water and sewer. There is a house
located on the existing Lot 9. An installation agreement is not required. Because the
subdivision increases the lot size, an encroachment is not created by the subdivision.
11
fire er'ynf
KENAI, ALASKA
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 WOODLAND SUBDIVISION CHRISTIAN ADDITION was
referred to the City of Kenai Planning and Zoning Commission on February 1, 2011 and received
from MCLANE CONSULTING, INC.
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 WOODLAND SUBDIVISION CHRISTIAN
ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, FEBRUARY 23, 2011.
CHAIRPERSON:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -05
SUBDIVISION PLAT
ATTEST:
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STAFF REPORT
To: Planning Zoning Commission
Date: January 26, 2011 Res: PZ11- 04(PZ06- 27amended)
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
Existing Zoning:
Current Land Use:
ANALYSIS
Michael Joyce Nelson
4441 East Birchwood Drive
WasiIla, AK 99654
907- 357 -9531
Transfer of Conditional Use Permit PZ06 -27 amended
Lot 1, James H. Cowan Estates
1010 Angler Drive
RR Rural Residential
Rural Residential
As required by the KMC 14.20.150(1)(4), a written request for transfer of the Conditional Use
Permit has been submitted. The request for transfer states that the intent is to use the permit
in accordance with the operations described in the current permit.
The applicants have purchased the above described property from Steve Rick Voth dba
Captain Bligh's Beaver Creek Lodge. In 1998, a Conditional Use Permit was issued to Clint
Coligan dba Captain Bligh's Beaver Creek Lodge for cabin rentals from the above location. The
Voth's purchased the property in 2006, and have been operating as originally permitted under
the business name of Captain Bligh's Beaver Creek Lodge.
In August 2010, the Commission held a revocation hearing on properties owned and operated
by Rick and Steve Voth, including this property. As a result of that hearing additional
requirements were placed on the properties. The resolution (PZ06 -27) was amended to include
the new requirements.
Captain Bligh's Beaver Creek Lodge intends to lease the property from the Nelson's to house
their seasonal quests. As the legal property owners, the Nelson's will be responsible to ensure
all the requirements of the Conditional Use Permit are met.
RECOMMENDATIONS
Based on the written request and plan to continue the use as currently allowed under
Conditional Use Permit P206 -27 amended, approval of the transfer should be granted. Copies
of Resolutions P206 -27 amended and PZ98 -37 are attached and the requirements for the
permit will be noted. Recommend approval.
15
ATTACHMENTS:
a. Resolution PZ06 -27 amended
b. Resolution PZ98 -37
c. Application
16
the ee'y of
KENAI, ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR CABIN RENTALS AS
AUTHORIZED BY 14.20.150(1)(4) OF THE KENAI ZONING CODE, FROM:
Steve and Rick Voth dba Captain Bligh's Beaver Creek Lodge to Michael Joyce Nelson
WHEREAS, the Commission finds:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -04 (PZ06 -27 amended)
TRANSFER OF CONDITIONAL USE PERMIT
1. That a Conditional Use Permit was granted to Clinton Coligan on October 12, 1998.
2. That KMC 14.20,150(1)(4) requires that a written request for transfer be submitted.
3. That Steve and Rick Voth submitted a request for transfer on March 31, 2006.
4. That Michael and Joyce Nelson purchased the property in August, 2010.
5. That Michael and Joyce Nelson submitted a request for transfer on January 25, 2011.
6. That the transfer requires that the permit continue operation under conditions of amended
resolution PZ06 -27.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR STEVE RICK VOTH DBA CAPTAIN
BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS BE TRANSFERRED MICHAEL &JOYCE
NELSON.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
FEBRUARY 9, 2011.
CHAIRPERSON ATTEST
17
ehe c/yuf
NO M M. Sf R
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI AMENDING CONDITIONAL USE PERMIT PZ06 -27 DUE TO FAILURE TO MEET
REQUIREMENTS OF KMC 14.20.150
WHEREAS, the Commission finds:
CITY OF IKENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06 -27
AMEN li}MENT OF CONDITIONAL USE PER1FlIIT
1. That Conditional Use Permit PZ06 -27 was approved on April 12, 2006.
2. The permit was for the property located at Lot 1, James H. Cowan Estates 1010 Angler
Drive.
3. The Kenai Peninsula Borough Parcel Number is 04939053.
4. The land is zoned Rural Residential.
5. Kenai Municipal Code requires Conditional Use Permit operators to comply with the
conditions of the permit and to be current on any obligations (e.g. sales tax, property tax,
utility payments, and lease payments) to the City.
6. Property delinquent with City of Kenai Angler Drive Local Improvement District
Assessments Total amount past due $417.78 as of June 30, 2010.
7. Property delinquent with Kenai Peninsula Borough Sales Taxes Tax #14235 In 2009,
sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai
Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property
owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A
payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010.
8. KMC 14.20.150(g) regulates the process for revocation of permits due to non compliance.
9. On July 23, 2010 a letter was sent to the permit holder to provide notification of non-
conformance and that a revocation hearing was scheduled for the August 11, 2010.
10. On July 26, 2010 a meeting was held with the property owners to discuss the non-
compliance and the revocation process.
11. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on August 11, 2010.
12. That the Commission finds that it is reasonable to provide the permit holder an opportunity
to conform to the requirements of the permit and to meet all obligations to the City and
Borough for the property.
13. That the Commission finds that revoking the permit should be amended with compliance of
property.
14. That the following additional requirements have been established by the Commission as a
condition to amendment:
O Become current with City of Kenai assessments.
O Become current with Kenai Peninsula Borough sales tax and property taxes.
Quarterly reports of activity on property through December 31, 2011.
o Develop and enforce house rules for the property. Rules should include specific
guidelines for fish cleaning, trash, and storage of coolers.
O Applicant must comply with all Federal, State and local regulations.
18
PZ06 -27 Amendment
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE REVOCATION OF THE
CONDITIONAL USE PERMIT PZ06 -27 HELD BY STEVE AND RICK VOTH DBA
CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS IS AMENDED AS
LISTED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF HE CITY OF K1 NAI,
ALASKA, AUGUST 11, 2010.
19
Page 2
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT:
FOR: CLINTON A. COLIGAN, P.O. BOX 4300, SOLDOTNA, AK 99669
USE: CABIN RENTALS
LOCATED:
LOT 3, BLOCK 8, VALHALLA HEIGHTS PART #3 4140 N. DOGWOOD LANE, KENAI,
ALASKA
LOT 4, BLOCK 8, VALHALLA HEIGHTS PART #3 4150 N. DOGWOOD LANE, KENAI,
ALASKA
LOT 1, JAMES H. COWAN ESTATES 1010 ANGLER DRIVE, KENAI, ALASKA
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20,1 50 has been submitted and
received on: July 20, 1998
2. This request is on land zoned: RR RURAL RESIDENTIAL
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
b.
4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on: AUGUST 12, 1998
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED 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,
AUGUST 12, 1998.
1
CHAIRPERSO
ATTEST:
LLtir) .,i(
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98 -37
CONDITIONAL USE PERMIT
20
loy Nelson
January 17, 2011
The City of Kenai, Alaska
210 Fidaigo Ave.
Kenai, Alaska 99611 -7794
907 -357 -9531 p.2
RE: Transfer of Conditional Use Permit PZ06 -27 Lot 1, James H. Cowan Estates
1010 Angler Drive KPB #04939053
Attention: Nancy J. Carver
This application for Conditional Use Permit is a change of ownership only. This property
will continue to be used as a weekend /recreational rental cabin.
Mr. Steve Voth will continue to manage and rent out the cabin primarily to clients for his
"Captain Bligh's" Fishing Charter Business. He will be responsible for any applicable
sales taxes due the City of Kenai.
Sincerely,
Michael J. Nelson Joyce R. Nelson
q L/ 1 -4/('
21
3141 5 ?V
PROPERTY INFORMATION
PETITIONER REPRESENTATIVE (Ir, NY)
i L.
Names L_.1 tl1 j&- 3 1 i
Name:
Mailing Atldre3!s:
Pro tent Tax 111) 0 i
Site Street Address: /r}C._., S1GL A
4. JLa:. ledsA/4J
a Cowp g;
Phone Nurnher:
g___
n4 tE,s
Current Leval Descri )tiol::
Conditional Use Requester! For; (Describe
set C EA T7 oiti 4 l• END
he project, and use r(.r_it'_onal Oleos if cieecssary)
Nj 774L 40/4i
Zoning:
Acreage:
OC.'r ir4�L t 2 j.UAI
PETITIONER REPRESENTATIVE (Ir, NY)
i L.
Names L_.1 tl1 j&- 3 1 i
Name:
Mailing Atldre3!s:
Mailing Address: ¢tom. 1 f /3',4....,/..4 4000_6 ,j
GU/4:5 a _i4 At‹ 9 1G_
Phone Nurnher:
l.'J Number; MOD .3,5"7
Fax Number: (4 7), A5-
Pax Number:
q.5.31
Email: frl'1� 1 1f1� ,5 a7 tt1 G3 K r Lei
Email:
DOCUMENTATK ON
date: J a4 02ol
9/27/2010
\lr'rt city
af
Jo nelson
Alir vIMAT)[ON FOR
CONDUIT II ONAtf USE PIER I' 1:
1K 14. 20.150
n l f rr
V a r ww4v s Pam w �;�4 r ✓��✓tre
210 Fidalgo Avenue, Kenai, Alaska 99611-779€
Telephone: 907- 283 -7535 Fax: 907 283 -3014 "HO
www.ci,keinai.ak.Us 1902
Required .Attachments: Completed tytiication Form
Si ik Plan/Floor Plan with Square Footage
$100 Fee (plus applicable sales tax) gip,
➢GP13 Tax Compliance (if applicable)
State Business License (if applicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
1 hereby certify that (I )tai) (I Have been authorized to act for) owner al' the property described above and that I
petition I'or a conditional use permit 10 conformance with Title 14 of the Kenai Municipal Code. 1 understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does nut assnre approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning 1)epartment staff of the Planning and Zoning Comrnission for
administrative reasons. I understand that a site visit may be required to process this application. Citv of !coins
personnel arc authorized to access the ahal'e- referenced oraoerty For the I LU)s (use t)rocessinfI this a)nliention.
Signature:
22
907--357 -95:31
Date:
Repr•e. en tatives rn t provide written proof' of authorization
P•
Page 1 of 4
■VUL:W I11W 15Ur1
:7U r'
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 takes to explain how your project satisfies the standard. The burden of proof rests with you.
Feel 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;
11/4--5 ak,.DC/2 cDND/riemML
u_6± 17 fay: c /A)75 o smJez /99v'
2.The value of the adjoining property and neighborhood will not be significantly impaired;
7 w0. rU) ieg P44 d2Gl #2fiv6- 77-/I y/eifR6
7W gM f T ,645 cg!eN /N as r M r /he/ of
5/G-NI l`'(C,4N rz y /,/p7,('). /At
3.The proposed use is in harmony with the Comprehensive Plan;
7 ;V Pe T 1.03" Orz,C'A2rr (XX- Ai,DiAl
Goy D/T/),(»4L Via/ n W- p,4ii /3, y s
GU T/-i ,(1 d ev)A/PL,4/4Urz5. 7; e)/LL t--
To /ti N4/'-/ to /TN -7 zf E- Gao/pret rugs:5Wg-
4. Public services and facilities are adequate to serve the proposed use;
7R/- au 5/ 71 U r7G r r/ts /2 f7 (9,) 7"A4e P F'e r%
s F'p /c. rettJ r- /bud Gt Q77A.JaE 77) Of 1
9/27/2010
23
P. c
Page 2 of 4
LAND USE
Describe current use of property c vered by this application:
Y': ea;i7 G r'1d del fee- 4t-10 11n e-
Surrounding property: (Desseri how land adjacent to the property is currently being used)
No h:
So the
1
tel(j (6 n /-40-inY
i e
,e
East
jO2/R i LacJ S 5 a
c.
5.The proposed use will not be harmful to the public safety, health or welfare;
/J6- 7 e go/o 1/4 e' j -r'rVz,es 4ogg ..52(kg ,4L r
Ce: ca r1.ucs r- 1, 40/6 aje. ,93,444-
OF ALL ,e6L4. 7`241427 Ae Tz �4GLctvz.1) L)/, rti
6-ply t06- 1-r 77a5 G G rid tJ
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.
P l2.7 GC)1 Co/V i /iLLL 7 ee. G?la ,ext rgJ6
8y A) /e/c,e W M/ d) 5A C, PT/4 i £L/6t/
41&.1 C12 -K .7 I)/GL 36 416 ,U -6
T2 774g- ca 122gJ r //M
9/27/2010
24
Page 3 of 4
Flyouts
All Salmon
Chun Digging
Rainbow Trout
Luxury Log Cabins, Superb Rates, Fabulous Fishing!!
E)ear Valued Client,
Capt..Bligh's I:Ialibut
CR. Fly Fishing
IS Bear Viewing
Y 4 Glacier Tours
ea
Iv GUXUE SERVICES 1 4 04 1
Quality Lodging and Fishing
Kenai River, Alaska
The fallowing I -louse Rules have been developed for both your safety and to ensure your
maximum enjoyment of your stay with us here at Beaver Creek Lodge. Thank you for
your cooperation.
1. Check in time is 2:00 PM and Check out time is 10:00 AM. Early check in and
late check out times will be accommodated on a case by case basis.
2. To ensure a tranquil environment "Close of Business" for the day will be 9:00
pm and this will be considered the start of "quite time" until 9:00 am the next
morning.
3. All fish carcasses will be carried to the end of the dock and disposed into
Beaver Creek below the low tide mark.
4. Fish cleaning station will be bleached after each use to ensure a healthy
environment.
5. All trash will be secured into provided "bear proof" trash dumpster by Close of
Business each day.
6. Provided freezers will be secured by ratchet strap after fish processing has been
completed.
"Thank you for your cooperation with these house rules.
Captain Bligh
PO Box 2227 i Soldotna, A 99669 p Sunm. (907) 283 -7550 a Toll Free (888) 480- -79 9
MEMO:
Ilaye witl a Past, C with a lb
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 FAX: 907- 283 -3014
1992
TO: Planning Zoning Commission \'s
FROM: Marilyn Kebschull, Planning Administration
DATE: February 16, 2011
SUBJECT: PZ11 -06 Proposed Amendment KMC 14.24 Airport Setbacks
Attached is the draft resolution that would provide an exception to side setbacks for
airport parcels contained in the airport perimeter fence. This amendment is proposed to
provide greater development of airport properties that are already restricted by the
Airport Building Restriction Line and building and fire codes.
A public hearing has been scheduled for the March 9 Commission meeting.
Me 4, of
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -06
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND CHAPTER 14.24, "DEVELOPMENT
REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE
SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER
FENCE AND MAKING TECHNICAL CORRECTIONS.
WHEREAS, there is limited land available for development in the airport perimeter;
and,
WHEREAS, development along airport taxiways and the apron is severely restricted by
the Building Restriction Line identified in the Airport Layout Plan which line
establishes at least a 50 foot setback; and,
WHEREAS, development on the airport lands is also governed by the City's fire and
building codes as well as by the City Zoning Code, although the development
standards of each Code can differ; and,
WHEREAS, under the City's fire and building codes, a building can be placed on the
lot line, however the setback requirements under the Kenai Zoning Code would
require the developer to obtain a variance for a development on a lot line; and,
WHEREAS, while a variance would be required to provide an exception to the side
setback requirements, these developments would not typically qualify for a variance
under the standards for issuance of a variance as set out in KMC 14.20.180; and,
WHEREAS, these multiple standards tend to restrict development that could
otherwise occur safely under the City's building and fire codes and that would
otherwise comply with the Airport Layout Plan; and,
WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side
setback requirements for development within the airport perimeter fence along
taxiways and the apron, this airport land could be developed to the maximum
standard provided by the City's fire and building codes; and,
WHEREAS, an exception to the side setback requirements for this particular type of
land would promote economic development within the airport as the standards are
simplified and made more uniform; and,
WHEREAS, an amendment to the development requirements tables to provide an
exception for side setbacks for these lots within the airport perimeter fence would also
maintain preservation of the public's safety because these same developments must
still meet the requirements of the City's building and fire codes.
New Text Underlined,[DELETED TEXT BRACKETED]
ZONING DISTRICTS
USES
C /RR
RR1
RS
RS1
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
MINIMUM LOT
WIDTH (feet)
90
90
60
60
60
60
See individual
sections of Code for
requirements
90
90
90
MINIMUM LOT
SIZE (feet)
Front Setbacks
25
25
25
25
25
10
25
25
25
25
Side Setback2' 5
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5
10
10
10
15
15
15
15
15
15
15
15
15
One Story 3
Daylight
Basement/
Split LeveI
Two Story
Rear Setback
20
20
20
20
20
10
10
20
20
20
Maximum Lot
Coverage
30%
30%
30%
30%
30%
40%
30%
30%
30%
Maximum
Height (feet)
35
35
35
35
35
35
NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," as
follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai
Municipal Code: The Kenai Municipal Code, Section 14.24.020, General
Requirements, is hereby amended to read as follows:
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
New Text UnderlinedBELETED TEXT BRACKETED]
ZONING DISTRICTS
USES
C /RR
RR1
RS
RS1
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan /as
will distinguish single and two -story portions of building to verify setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper
surface of the floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A
structure having a lower story situated below a one -story is considered a one -story structure in
entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all
situated above grade.
Daylight basement /split level is defined as one -story plus less than one -half (1/2) the height of
lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished
surface of the ground between the building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three
feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear
yard.
(5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along
-built
its
the
(3)
certain airport taxiways and the apron as further set forth in KMC 14.24.030.
Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables,
is hereby amended to read as follows:
New Text Underlined. o 'DELETED TEXT BRACKETED}
Li
14.24.030 Addendum to development requirements tables.
[A. [ADDITIONAL. REQUIREMENTS.
1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the
street side, or platted right -of -way, or government easement, of a corner lot shall be
the same as the minimum front yard required for that zone. The front yard shall be
determined as being the area between the main entrance to the building and the
street, right -of -way, or government easement.
[2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All
structures in aircraft- approach zones and within eight thousand feet (8,000') of the
main runway shall be subject to height limitation on the basis of obstruction criteria
as shown on the current FAA- approved Kenai Airport Layout [MASTER] Plan
]DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL].
(c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels
contained in the airport perimeter fence situated along aircraft movement areas,
ramps, taxiways, or parking aprons are exempt from the side setback requirements of
this Title. The Building Restriction Line identified on the Airport Layout Plan must be
maintained.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take
effect one month after adoption.
Dated at Kenai, Alaska this day of 2011.
ATTEST:
New Text Underlined3[1 ELETED TEXT BRACKETED]
Chair
the city of
KENAI AEASKA
Suggested by: Planning Zoning Commission
CITY OF KENAI
ORDINANCE NO. -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI
MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES
WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL
CORRECTIONS.
WHEREAS, there is limited land available for development in the airport perimeter;
and,
WHEREAS, development along airport taxiways and the apron is severely restricted by
the Building Restriction Line identified in the Airport Layout Plan which line
establishes at least a 50 foot setback; and,
WHEREAS, development on the airport lands is also governed by the City's fire and
building codes as well as by the City Zoning Code, although the development
standards of each Code can differ; and,
WHEREAS, under the City's fire and building codes, a building can be placed on the
lot line, however the setback requirements under the Kenai Zoning Code would require
the developer to obtain a variance for a development on a lot line; and,
WHEREAS, while a variance would be required to provide an exception to the side
setback requirements, these development would not typically qualify for a variance
under the standards for issuance of a variance as set out in KMC 14.20.180; and,
WHEREAS, these multiple standards tend to restrict development that could otherwise
occur safely under the City's building and fire codes and that would otherwise comply
with the Airport Layout Plan; and,
WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side
setback requirements for development within the airport perimeter fence along
taxiways and the apron, this airport land could be developed to the maximum
standard provided by the City's fire and building codes; and,
WHEREAS, an exception to the side setback requirements for this particular type of
land would promote economic development within the airport as the standards are
simplified and made more uniform; and,
WHEREAS, an amendment to the development requirements table to provide an
exception for side setbacks for these lots within the airport perimeter fence would also
maintain preservation of the public's safety because these same developments must
still meet the requirements of the City's building and fire codes.
New Text Underlined; DELETED TEXT BRACKETED]
32
ZONING DISTRICTS
USES
C/R
R
RR1
RS
RS1
RS
2
RU /TS
H
IL /IH /CC /CG /CM
U
R
ED
LC
MINIMUM
LOT WIDTH
(feet)
90
90
60
60
60
60
See individual
sections of Code for
requirements
90
90
90
MINIMUM
LOT SIZE
(feet)
Front
Setbacks
25
25
25
25
25
10
25
25
25
25
Side
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5 4
10
10
10
15
15
15
15
15
15
15
15
15
Setback 5
One Story
Daylight
Basement/
Split Level
Two Story
Rear
Setback
20
20
20
20
20
10 4
10
20
20
20
Maximum
Lot Coverage
30%
30%
30
30%
30
40%
30%
30
30
Maximum
Height (feet)
35
35
35
35
35
35
Ordinance No. *2011
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai Code of Ordinances is hereby amended as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14,24.020, General Requirements, is hereby amended to read
as follows:
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
New Text Underlined; [DELETED TEXT BRACKETED]
33
ZONING DISTRICTS
USES
C/R
R
RR1
RS
RS1
RS
2
RU /TS
H
IL /IH /CC /CG /CM
U
R
ED
LC
Footnotes:
(1) Provided that the minimum front setback is measured from any right of-way or
access easement.
(2) Side setbacks are determined independently from the front view of the structure.
Plot plan /as -built will distinguish single and two -story portions of building to verify
setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor
and the upper surface of the floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower
story. A structure having a lower story situated below a one -story is considered
one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the
lower story all situated above grade.
Daylight basement /split level is defined as one -story plus less than one -half (1/2)
the height of the lower story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation
the finished surface of the ground between the building and a line five (5) feet from
the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be
increased three (3) feet, but need not exceed fourteen (14) feet for each side yard
and nineteen (19) feet for the rear yard.
(5) Side setbacks for_parcels within the airport perimeter fence are not required for
a
of
parcels along certain airport taxiways and the apron as further set forth in KMC
14.24.030.
Ordinance No. -2011
Page 3 of 5
Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables, is
hereby amended to read as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
34
Ordinance No. -2011
Page 4 of 5
14.24.030 Addendum to development requirements tables.
[A, [ADDITIONAL REQUIREMENTS.
1. MINIMUM YARDS.] (a) Yards for Corner Lots, The minimum side yard on the
street side, or platted right -of -way, or government easement, of a corner lot shall be
the same as the minimum front yard required for that zone. The front yard shall be
determined as being the area between the main entrance to the building and the
street, right-of-way, or government easement.
[2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All
structures in aircraft approach zones and within eight thousand feet (8,000') of the
main runway shall be subject to height limitation on the basis of obstruction criteria
as shown on the current FAA approved Kenai Airport Layout [MASTER] Plan
[DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL].
(c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels
contained in the airport perimeter fence situated along aircraft movement areas,
ramps, taxiways, or parking aprons are exempt from the side setback requirements of
this Title. The Building Restriction Line identified on the Airport Layout Plan must be
maintained.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
2011,
ATTEST:
Carol L. Freas, City Clerk
New Text Underlined; ]DELETED TEXT BRACKETED]
35
PAT PORTER, MAYOR
Ordinance No. -2011
Page 5 of 5
New Text Underlined; [DELETED TEXT BRACKETED]
36
Introduced: 2011
Adopted: 2011
Effective: 2011
MEMO:
"Villa e with a Past, Gi with a Ftsttr�e
9
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907- 283 -3014 1111/
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: February 17, 2011 February 17, 2011
SUBJECT: Ordinance No. 2537 -2011 Beekeeping Regulation
City Council held a public hearing on the proposed amendment to Title 3.10 which
would provide regulations for beekeeping in the City. They heard testimony from two
individuals. Sarah Souders who participated in your work sessions spoke to the Council
and addressed concerns relating to the proposed KMC 3.10.070, sections (g)(3), (g)(4),
(g)(5), and (g)(6). (See attached ordinance.) After hearing testimony, Council
postponed action and asked that the Ordinance be sent back to the Commission to hold
another work session to discuss these sections. As you will recall, these sections were
added at the recommendation of City Attorney Stearns and are commonly found in
beekeeping regulations.
A work session has been scheduled for 6 p.m. on March 9 prior to your regular
meeting. At that time, the Commission can give administration direction as to how you
would like to proceed.
Attachment: Ordinance No. 2537 -2011
1992
rldso.
lite ciO of
KENAI ALASKA
Sponsored by: Planning Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2537 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF
ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY
OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR
VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND
CORRECTIONS.
WHEREAS, honey bees (species Apis mellifera) are of benefit to humankind by
providing for agriculture and fruit and garden pollination services, and by furnishing
honey, wax, and other useful products; and,
WHEREAS, domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production, tendency not to swarm, and non
aggressive behavior; and,
WHEREAS, gentle strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and
carefully managed and maintained; and,
WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and
there are many beekeepers that reside in the City of Kenai; and,
WHEREAS, the City recognizes that adverse neighborhood impacts, including but not
limited to swarming, stinging and the spread of disease, may result from the keeping
of bees if appropriate and responsible beekeeping practices are not followed; and,
WHEREAS, regulation by the City is intended to create standards and requirements
that help to ensure that bees kept by residents do not adversely impact the use and
enjoyment of neighborhood properties surrounding the property on which the bees are
kept; and,
WHEREAS, it is in the best interests of the City to adopt standards for the keeping of
bees within the City limits.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 3.05.070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
38
Ordinance No. 2537 -2011
Page 2 of 5
3.05.070 Citation procedure.
(a) An officer may serve a summons and complaint in the form of a citation upon a
person for violating a provision of this chapter, or a term, condition, or limitation of a
license issued hereunder, or a City regulation promulgated under this title.
(b) A summons and complaint issued under this section shall contain a notice
directing the person to whom it is issued to appear to answer to the charge in the
District Court for the Third Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under this section shall
deposit the original and a copy of the citation with his immediate superior who shall
forward the citation to the District Court for the Third Judicial District of the State of
Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by
official action.
(d) A summons and complaint in the form of a citation that fulfills the
requirements for a complaint under the District Court Rules of Criminal Procedure
promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful
complaint for the purpose of prosecuting a violation of this title.
(e) Mandatory Court Appearance shall be required:
(1) For a violation of KMC 3.10.020(c).
f2) For a violation of KMC 3.10.070(g).
(3[2]) For all cruelty charges under this code.
(4[3]) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12)
month period.
Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones.
Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in 3.10.070(g).
(c)
In this section "livestock" is defined as the following animals:
New Text Underlined; (DELETED TEXT BRACKETED]
39
Ordinance No. 2537 -2011
Page 3 of 5
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey Bees (Apis melli fera)
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control
Officer may issue temporary permits of not more than fourteen (14) days for the
keeping of livestock not otherwise allowed for public exhibitions or entertainment
events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for
a violation of the conditions of the permit or pertinent section of the Kenai Municipal
Code. The City may charge a permit fee, which fee shall be as set forth in the City's
schedule of fees adopted by the City Council. [THE CITY MANAGER MAY SET A
PERMIT FEE AS SET OUT IN KMC 7.15.100.]
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4 -H,
Future Farmers of America, or Boy/ Girl Scouts on lots not otherwise eligible under
this section. The permit shall state the duration of the permit, which shall not exceed
two (2) years, and the type and number of livestock to be kept. The Chief Animal
Control Officer may impose conditions on the permits as reasonably necessary for
sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or
revocation of a permit may be made in writing to the board of adjustment. A permit
may be renewed following written notice and reasonable time for comment to the
adjoining property owners. The City may charge a permit fee, which fee shall be as set
forth in the City's schedule of fees adopted by the City Council, [The City Manager
may seta permit fee as set out in KMC 7.15.100.]
New Text Underlined; [DELETED TEXT BRACKETED]
40
Ordinance No. 2537.2011
Page 4 of 5
(e) Lots on which livestock are kept on the effective date of the ordinance codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g), below, c(C]orrals, pens, hutches, coops or
other animal containment structures must have a minimum setback of twenty -five feet
(25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10')
from the back yard_[;] All animal containment structures [AND1 must be secure and in
good repair.
(g) No person may keep honey bees, Avis mellifera, in a manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this Code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property. To
that end, colonies shall be situated at least twenty -five feet (25') feet from any lot line
not in common ownership; or oriented with entrances facing away from adjacent
property; or placed at least eight feet (8') above ground level; or placed behind a fence
at least six feet (6') in height and extending at least ten feet (101 beyond each hive in
both directions.
(2) No person shall keep more than four (4) hives on a lot of 10,000 square feet or
smaller, nor shall any person keep more than one (1) additional hive for each
additional 2,400 square feet. over 10,000 on lots larger than 10,000 square feet.
(3) It shall be a violation for any beekeeper to keep .a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition or to interfere
with the normal use or enjoyment of any property in the vicinity of the colony by
humans or animals.
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported have entrance screens or be
secured under netting.
(5) Beekeepers shall acquire hives and hive equipment from sources that are free
from American Foulbrood and other bee -related diseases and pests.
(6) The term "hive" as used in this section means the structure intended for the
housing of a bee colony. The term "colony" as used in this section means a hive and
its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
New Text Underlined; [DELETED TEXT BRACKETED]
41
Ordinance No. 2537 -2011
Page 5 of 5
(h[G]) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20,150.
[(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE
CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE
DATE.]
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
February, 20
ATTEST:
Carol L. Freas, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
42
PAT PORTER, MAYOR
Introduced: February 2, 2011
Adopted: February 16, 2011
Effective: March 16, 2011
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
FEBRUARY 2, 2011
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ Jwww.ci.kenai.ak.us
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give
their time over to another speaker present, however no single speaker present may speak
for more than 30 minutes combined on their own and on others' behalf)
*All items listed with an asterisk are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to I0 minutes
per speaker)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons
may give their time over to another speaker present, however no single speaker
present may speak for more than 30 minutes combined on. their own and on others'
behalf.)
1. PASSED UNANIMOUSLY. Ordinance No. 2528 -2011 Amending the
Kenai Municipal Code to Make Comprehensive Changes to All Rates,
Charges, and Fees Imposed by the City in Kenai Municipal Code Titles 3,
Animal Control; 4, Uniform Codes; 5, Business and Occupations; 11,
Harbor and Harbor Facilities; 14, Planning and Zoning; 15, Private
Property; 18, Streets and Sidewalks; 20, Transportation; 21, City Airport
and Airport Lands; and 22, General Fund Lands, and to Include Rates,
Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100
Rather Than in a Code Ordinance, and Making Technical Changes and
Corrections.
2. PASSED UNANIMOUSLY. Ordinance No. 2529 -2011 Amending
Chapter 730 of the Kenai Municipal Code, "Airport Land Sale Permanent
Fund," to Rename the Chapter as "Land Sales Permanent Funds" in
Order to Establish Investment Guidelines for Sale Proceeds From the
Sale of City Owned, Non -Trust Lands Just as the City Has Established
43
Investment Guidelines for the Airport Land Sale Permanent Fund, and to
Make Technical Corrections.
3. PASSED UNANIMOUSLY. Ordinance No. 2530 -2011 Increasing
Estimated Revenues and Appropriations by $31,819 in the Airport Land
Sales Permanent Fund and Both Increasing and Decreasing Estimated
Revenues in the Airport Fund for Funds Received From the Airport Land
Sales Permanent Fund.
4. PASSED UNANIMOUSLY. Ordinance No. 2531 -2011 Increasing
Estimated Revenues and Appropriations in the Kenai Comprehensive
Plan Project Fund by $50,000.
5. PASSED UNANIMOUSLY. Resolution No. 2011 -07 Supporting a
Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for
Natural Gas and Oil Exploration in Cook Inlet.
6. PASSED UNANIMOUSLY. Resolution No. 2011 -08 In Support of
Senate Bill 3, "An Act Providing for Funding for School Lunch and
Breakfast."
7. PASSED UNANIMOUSLY. Resolution No. 2011 -09 Authorizing
Amendment of the Regulations of the Kenai Municipal Cemetery to Delete
References to Specific Fees and Charges so that Those Fees and Charges
will be as Set Forth in a Comprehensive Fee Schedule Adopted by the
City Council at Which Time the Fees Charged by the Kenai Municipal
Cemetery May be Increased to Allow for Credit Card Acceptance for
Payment of Cemetery Fees and Charges.
8. PASSED UNANIMOUSLY. Resolution No. 2011 -10 Authorizing
Amendment of the Regulations of the Kenai Municipal Airport to Delete
References to Specific Fees and Charges so that Those Fees and Charges
Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the
City Council at Which Time the Fees Charged by the Airport May be
Increased to Allow for Credit Card Acceptance for Payment of Airport
Fees and Charges.
9. PASSED UNANIMOUSLY. Resolution No. 2011 -11 Authorizing
Amendment of the Regulations of the Kenai Community Library to Delete
References to Specific Fees and Service Charges so that Those Fees and
Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted
by the City Council.
10. PASSED UNANIMOUSLY. Resolution No. 2011 -12 Authorizing
Amendment of the Regulations for Public Records Inspections to Delete
References to Specific Fees and Charges so that Those Fees and charges
will be as Set Forth in a Comprehensive Fee Schedule Adopted by the
City Council at Which Time the Fees Charged for That Service May be
Increased to Allow for Credit Card Acceptance for Payment.
44
11. PASSED UNANIMOUSLY. Resolution No. 2011 -13 Authorizing
Amendment of the Public Utility Regulations and Rates Appended to the
Kenai Municipal Code to Delete References to Specific Fees and Charges
so that Those Rates, Fees, and Charges Will be as set Forth in a
Comprehensive Fee Schedule Adopted by the City Council at Which Time
Those Public Utility Rates, Fees, and Charges May be Increased to Allow
for Credit Card Acceptance for Payment of Utility Rates, Fees, and
Charges.
12. AMENDED /PASSED UNANIMOUSLY. Resolution No. 2011 -14
Supporting Sound Fisheries Management Practices and Diversified
Harvest Opportunities in the Cook Inlet.
13. APPROVED /CONSENT AGENDA. *2011 -2011 Liquor License
Renewals
Peninsula Oilers Baseball Club, Inc., d /b /a Peninsula Oilers
(Recreational Site /Seasonal, License #846)
George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary,
License #3032)
Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package
Store, License No. 4118)
ITEM E: MINUTES
1. APPROVED /CONSENT AGENDA. *Regular Meeting of January 19, 2011
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. APPROVED. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2532 -2011
Increasing Estimated Revenues and Appropriations by $95,885.00 in the
Airport Fund and Airport Improvement Capital Project Fund for the
Engineering and Design of the Airport Apron Pavement Rehabilitation.
4. INTRODUCED /CONSENT AGENDA. *Ordinance No 2533 -2011
Increasing Estimated Revenues and Appropriations by $2,000 in the
General Fund Fire Department.
5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2534 -2011
Increasing Estimated Revenues and Appropriations in the Airport and
Airport Improvement Capital Project Fund by $35,000 for an
Environmental Assessment of a Project to Remove Trees Along the
Southwest Side of Runway 1L/ 19R that are a Hazard to Aviation.
45
6, INTRODUCED /CONSENT AGENDA. *Ordinance No. 2535 -2011
Increasing Estimated Revenues and Appropriations by $23,964 in the
General Fund for Police Equipment and Police Training.
7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2536 -2011
Increasing Estimated Revenues and Appropriations in the General Fund
Police Department by $26,500, Fire Department by $20,000, Parks
Department by $3,500, and Boating Facility Department by $13,000 to
Purchase Equipment Needed in Response to the Annual State of Alaska
Personal Use Fishery that Takes Place on the City of Kenai Beaches and
Utilizes City Facilities.
8. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2537-2011
Amending the Kenai Municipal Code Chapter 3.10, Control and
Treatment of Animals, to Provide for a New Regulation of Beekeeping
Within the City of Kenai Including the Citation Procedures and Penalties
for Violation of Ordinances, and Making Technical Changes and
Corrections.
9. APPROVED. Action Item /Approval Second Amendment to Amended
City Manager Employment Contract (Three -Year Extension).
10. NONE SCHEDULED. Discussion /Action Schedule Work
Session /Possible Amendments to Commission and Committee
Appointments and Public Notification of Vacancies on Commissions and
Committees.
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 1: REPORT OF THE MAYOR
ITEM J: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM K: ADDITIONAL PUBLIC COMMENT
46
EXECUTIVE SESSION None Scheduled,
ITEM L:
ITEM M:
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
ADJOURNMENT
47
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
FEBRUARY 16, 2011
7 :00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /www.ci.kenai.ak.us
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give
their time over to another speaker present, however no single speaker present may speak
for more than 30 minutes combined on their own and on others' behalf.)
*All items listed with an asterisk are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes
per speaker)
1. Mary Jo Joiner, Christine Cunningham, Jacqueline Van Hatten
All- America City Presentation Update
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. 2532 -2011 Increasing
Estimated Revenues and Appropriations by $2,397 in the Airport Fund
and by $95,885 in the Airport Improvement Capital Project Fund for the
Engineering and Design of the Airport Apron Pavement Rehabilitation.
(Clerk's Note: The title of this ordinance was incorrectly presented on the
2/3/2011 Council Meeting agenda. However, the ordinance document
included in that meeting packet was correct.)
2. PASSED UNANIMOUSLY. Ordinance No. 2533 -2011 Increasing
Estimated Revenues and Appropriations by $2,000 in the General Fund
Fire Department.
48
3. PASSED UNANIMOUSLY. Ordinance No. 2534 -2011 Increasing
Estimated Revenues and Appropriations in the Airport and Airport
Improvement Capital Project Fund by $35,000 for an Environmental
Assessment of a Project to Remove Trees Along the Southwest Side of
Runway 1L/ 19R that are a Hazard to Aviation.
4. PASSED UNANIMOUSLY. Ordinance No. 2535 -2011 Increasing
Estimated Revenues and Appropriations by $23,964 in the General Fund
for Police Equipment and Police Training.
5. PASSED UNANIMOUSLY. Ordinance No. 2536 -2011 Increasing
Estimated Revenues and Appropriations in the General Fund Police
Department by $26,500, Fire Department by $20,000, Parks Department
by $3,500, and Boating Facility Department by $13,000 to Purchase
Equipment Needed in Response to the Annual State of Alaska Personal
Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes
City Facilities.
6. POSTPONED, NO TIME CERTAIN (FURTHER REVIEW BY PLANNING
ZONING COMMISSION). Ordinance No. 2537 -2011 Amending the
Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals,
to Provide for a New Regulation of Beekeeping Within the City of Kenai
Including the Citation Procedures and Penalties for Violation of
Ordinances, and Making Technical Changes and Corrections.
7. PASSED UNANIMOUSLY. Resolution No. 2011 -15 Approving and
Awarding a Contract for Planning Services for the City of Kenai
Comprehensive Plan to Glenn Gray and Associates for the Total Not -To-
Exceed Amount of $75,000.00.
8. PASSED UNANIMOUSLY. Resolution No. 2011 -16 Awarding a
Contract to Rainbow Builders, Inc. for the Project Entitled "Kenai
Recreation Center Upstairs Flooring Replacement 2011" for the Total
Amount of $22,718.00.
9. AMENDED, PASSED UNANIMOUSLY. Resolution No. 2011 -17
Pertaining to the Authorized Investments of, the Investment Allocations
of, and Establishing Appropriate Benchmarks to Measure Performance of
the General Fund Land Sale Permanent Fund.
10. PASSED UNANIMOUSLY. Resolution No. 2011 -18 Authorizing a
Budget Transfer Within the General Fund Parks Department, for the
Purchase of a Used Vibratory Plow.
11. PASSED UNANIMOUSLY. Resolution No. 2011 -19 Authorizing the
Use of the Equipment Replacement Fund to Purchase a 4X4 Ambulance.
12, PASSED UNANIMOUSLY. Resolution No. 2011 -20 Establishing a
Comprehensive Schedule of Rates, Charges, and Fees Imposed by the
City Which Schedule Will Reflect an Increase in Some Fees to Better
49
Reflect the True Cost to Provide the City Service and to Accommodate the
Acceptance of Credit Cards as a Form of Payment for the Fees.
ITEM E: MINUTES
1. CORRECTED, UNANIMOUSLY APPROVED. Regular Meeting of February
2, 2011.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. NONE. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2538 -2011
Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes,"
Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees
for Construction or R-3 and U -1 Occupancies so that Those Construction
Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted
by the City Council Rather Than Set by Code Ordinance.
4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2539 -2011
Increasing Estimated Revenues and Appropriations by $300,000 in the
General Fund and by $401,500 in the Library Improvements Capital
Project Fund to Provide Additional Funding for Completion of the Library
Expansion Project.
5. APRIL 19, 2011, 6 :00 P.M. Discussion Schedule Budget Work
Sessions
6. CLERK /ADMINISTRATION RECOMMENDATIONS FOR BUDGET.
Discussion Microphone Etiquette
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
50
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
51
MEMBERS:
Mari Anne Gross
Southwest Borough
Term Expires 2011
Harry Lockwood
Ridgeway
Term Expires 2013
Blair Martin
Kalifornsky Beach
Term Expires 2012
Lisa Parker
City of Soldotna
Term Expires 2011
ALTERNATES:
Cindy Ecklund
Seward City
Term Expires 2011
Sandra Holsten
East. Peninsula
Term Expires 2013
James (sham
Sterling
Term Expires 2012
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
7:00 p.m. February 14, 2011
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
3. Minutes
a. No Plat Committee Minutes No meeting held no agenda items.
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Binkley Sub Mishler Addition
KPB File 2011 -001 [Segesser /Mishler]
Location: City of Soldotna
2. K -B Sub Part Twelve
KPB File 2011 -004 [Integrity /Scardigli]
Location: On K -B Drive East off K -Beach Road
3. Anderson 2011 Subdivision
KPB File 2011 -005 [Imhoff /Anderson]
Location: City of Homer
4. Woodland Hiffs Estates 2010 Replat
KPB File 2011 -006 [Johnson/Todd /interstate]
Location: On Wolf Trail Lane off Nash Road
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED
H. ADJOURNMENT
910
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, February 28,
2011 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre
Administration Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m.
53
PLANNING DEPARTMENT
Phone: 907 -714 -2215
Phone: toll free within the Borough 1- 800 -478 -4441, extension 2215
Fax: 907 -714 -2378
e -mail address: planning ai borouah.kenai.ak.us
web site: www. borough .kenai.ak.ushalanningdept
54
2
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
Parliamentarian
Horner 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
Harry Lockwood
PC Member
Ridgeway
Term Expires 2013
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2012
Lisa Parker
PC Member
City of Soldotna
Term Expires 2011
Robert Ruffner
PC Member
Kasilof /Clam Gulch
Term Expires 2012
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
A. CALL TO ORDER
B. ROLL CALL
February 14, 2011 7:30 P.M.
Tentative Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All Items marked with an asterisk are consent agenda items. Consent agenda Items are considered
routine and non controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests In which
case the item will be removed from the consent agenda and considered In its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Request
*3.
a. Lee Cole 2008
KPB File 2009 -025; Imhoff /Foecke, Beran
Location: City of Homer
b. Alaska State Land Survey 2009 -11 Happy Creek Sub
KPB File 2010 -007; Mullikin /Alaska DNR
Location: Six miles south and two miles east of Ninilchik
C. Tice Henrikson No. 2 Oracle Point Addition
KPB File 2007 -035; Imhoff /Sayer
Location: City of Homer
*2. Planning Commission Resolutions
a. Resolution 2011 -02; Unnamed private road within NW114 NE1 /4
EXCLUDING S1/2 SW1 /4 NW114 NE1 /4 and HM0830037 Anchor
Valley Estates Subdivision Lot 1 Block 1; T5S R15W S13 SM; off of
the Sterling Hwy in the community of Anchor Point; ESN 401;
CHANGED TO: Motor Way AND Unnamed private road within
SE114 SE114 in S2 NE1 /4 NE1 /4 in S11 and NW114 NW1/4 in S12
Government lot 4 and NE1 /4 SE114 of S2; T4S R15W 82, 11, 12
SM; off of the Sterling Hwy in the community of Anchor Point; ESN
401; CHANGED TO: Pathfinder Rd
Plats Granted Administrative Approval None
*4. Plats Granted Final Approval (20.04.070) None
*5. Plat Amendment Request None
*6. Coastal Management Program None
*7. Commissioner Excused Absences
a. Paulette Bokenko Carluccio, City of Seldovia
55
1
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
*8
F. PUBLIC HEARINGS
b. Philip Bryson, City of Kenai
c. JoAnne Collins, Anchor Point Ninilchik
Minutes
a. No Plat Committee Minutes
b. January 24, 2011 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
1. Public notice is hereby given that public hearings will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
Methods within the KPB. Renaming rights -of -way that have the same, or a
similar sounding, name will enable 911 Emergency Services to respond to
emergencies in an efficient timely manner, thereby avoiding delays in
providing necessary emergency services. Streets under consideration at this
meeting are described as follows:
a. A St (aka Outback Ave) shown on plat HM74 -1509 Hidden Hills
Subdivision Addn No 1; T5S R14W S15, SM, AK; Off of North Fork
Rd in the Anchor Point Community; ESN 401; REASON FOR
CHANGE: Duplication; PROPOSED NAME: Clandestine Ave
b. B St (aka Out There Ave) shown on plat HM74 -1509 Hidden Hills
Subdivision Addn No 1; T5S R14W 315, SM, AK; Off of 3` St, aka
Somewhere St, in the Anchor Point Community; ESN 401; REASON
FOR CHANGE: to meet street name code requirements;
PROPOSED NAME: Obscure Ave
c. 3 St (aka Somewhere St) shown on plat HM74 -1509 Hidden Hills
Subdivision Addn No 1; T5S R14W S15, SM, AK; Off of C St aka Up
Here Ave, in the Anchor Point Community; ESN 401; REASON FOR
CHANGE: to meet street name code requirements; PROPOSED
NAME: Somewhere St
d. C St (aka Up Here Ave) shown on plat HM74 -1509 Hidden Hills
Subdivision Addn No 1; T5S R14W S15, SM, AK; Off of C St aka Up
Here Ave, in the Anchor Point Community; ESN 401; REASON FOR
CHANGE: to meet street name code requirements; PROPOSED
NAME: Cryptic Ave
e. Unnamed Road (aka Wendy Rd) shown on plat HM74 -698 Inlet
View Tracts Subdivision; T5S R14W S7, SM, AK; Off of Beluga St, in
the Anchor Point Community; ESN 401; REASON FOR CHANGE:
Duplication; PROPOSED NAME: Cupid Ave
2. Ordinance 2011 -XX; An Ordinance extending the sunset provision of
Ordinance 2009 -09 (Substitute) and Ordinance 2010 -17 regulating Flood
Hazard areas in the Seward -Bear Creek Flood Service Area.
56
2
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
February 8, 2011
February 22, 2011
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
February 9, 2011
6:00 p.m.
Hope Sunrise
Hoe
SociapHall
February 10, 2011
7:00 p.m.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. Resolution 2011 -03; A Conditional Use Permit application has been received
pursuant to KPB 21.18 for the construction and installation of a 4 -foot wide
by 30 -foot long elevated light penetrating walkway that exceeds the allowable
1/3 total lineal river frontage of the parcel. This project also includes the
installation of ELP stairs and a landing to access the walkway. This project
is located on the right bank of the Kenai River at river mile 34, on Lot 3A,
Bolstridge Kenai River Sub Maddox Addn No 2, S23, T5N, R9W, SM, AK,
(KPB Parcel ID:163- 170 -51). The street address of the parcel is 35075 Betty
Lou Drive. Petitioner: Denise R. Maddox, Sterling, Alaska
H. VACATIONS NOT REQUIRING A PUBLIC HEARING None
SPECIAL CONSIDERATIONS None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 4 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
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning Zoning Commission Minutes
January 12, 2011
2. Seward Planning Commission Minutes
November 3, 2010
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, February
28, 2011 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
57
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: planninqaborough.kenai.ak.us
web site: www. borough .kenai.ak.uslplanningdept
58
4
Ge, Ga
i(ENA ALASKA
MEMO:
"Villa e with a Past, ai wit a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907- 283 -3014 1 1 1 1 1
TO: Planning and Zoning Commission
THRU: Marilyn Kebschull, Planning Administration
FROM: Nancy Carver, Planning Assistant
DATE: February 17, 2011
SUBJECT: Code Enforcement
There are currently five (5) properties being addressed for violations to the City's code:
59
11823 Kenai Spur Hwy. #54 Debris and Junk Prohibited Letter sent to occupant
property owner. Working with occupant to remove violation.
714 Cypress Dr. Debris and Junk Prohibited Letter sent to occupant property
owner. Scheduled for reinspection.
5125 Silver Salmon Dr. #25 Junk Vehicle Violation Letter sent to occupant
property owner. Working with occupant to remove violation.
505 Japonksi Dr. Junk Vehicle Violation Violation removed, sending thank you
letter and case closed.
510 Upland St. Landscape /Site Plan Violation Property owner out of state, and
requested an extension to deal with violation when back in March, 2011.
The following properties were referred to the Legal Department. Pending legal action,
administrative fines are continuing to be assessed. As I understand it, the following reflects
the status of these cases:
207 Birch Street Attempts to serve notice have been unsuccessful. City Attorney
reviewing options for possible public notice instead of personal service.
605 Cedar Drive Letters have been sent to property owner with no response. City
Attorney reviewing case for further action.
230 240 Richfield Drive Letters sent to property owner have been returned. City
Attorney reviewing case for further action.
2021 Wyatt Way Board of Adjustment decision gave property owner until May 1,
2011 to comply. If conditions of decision are met, fines will be dismissed and case
closed.
1992
I la
Date
Description
Amount
Balance forward
$15,650.00
1/1/2011
$50 Administrative Fines for Lot 1, R I Morgan
1/31/2011
Subdivision 207 Birch Street, Kenai, Alaska
KMC 12.25.030 Leaving of junked or illegally parked
vehicles
31 days $50 a day
$1,550.00
TOTAL DUE
$17,200.00
Me city of
HENAIALASKA
PLANNING AND ZONING DEPARTMENT
210 FIDALGO AVENUE
KENAI, ALASKA 99611
PHONE: (907) 283 -8237
FAX: (907) 283 -3014
C E 171 TI
ifNIEC]E.
TO:
Gus or Janice Rodes
207 Birch Street
Kenai, AK 99611
INVOICE DATE: February 1, 2011
Please enclose one copy of this invoice with your check and mail to the above address.
It is the property owner's responsibility to notify the City of Kenai when the
violations are eliminated.
60
CWIFY N3NA.1
Date
Description
Amount
Balance Forward
$1,900.00
1/1/2011
$50 Administrative Fine for Lot 3, Block B, Woodland
1/31/2011
Subdivision, Part 1 605 Cedar Drive, Kenai, Alaska
KMC 12.25.030 Leaving of junked or illegally parked
vehicles; and
KMC 12.20.030 Debris and Junk Prohibited
31 days $50 a day
$1,550.00
TOTAL DUE
$3,450.00
the et',of
KENAI, ALASKA
61
CI C17 INAII
PLANNING AND ZONING DEPARTMENT
210 FIDALGO AVENUE
KENAI, ALASKA 99611
PHONE: (907) 283 -8237
FAX: (907) 283 -3014
TO:
Jerry E. Rogerss Jr.
605 Cedar Drive
Kenai, AK 99611
INVOICE DATE: February 1, 2011
Please enclose one copy of this invoice with your check and mall to the above address.
It is the property owner's responsibility to notify the City of Kenai when the
violations are eliminated.
Date
Description
Amount
Balance forward
$2,900.00
1/1/2011
$50 Administrative Fine for T6N R11W Sec 35 Seward
1/31/2011
Meridian KN E1/2 W1/2 NW1 /4 NW1 /4, 2021 Wyatt
Way, Kenai, Alaska
KMC 12.25.030 Leaving of Junked or Illegally Parked
Vehicles and KMC 14.20.050(h) Outside Storage of
Junk
31 days $50 a day
$1,550.00
TOTAL DUE
$4,450.00*
the ce'ty
KENAI ALASKA
C 0 IJ:i V1 LL
I LI[CE
PLANNING AND ZONING DEPARTMENT
210 FIDALGO AVENUE
KENAI, ALASKA 99611
PHONE: (907) 283-8237
FAX: (907) 283-3014
62
an/ coy. MENAL
TO:
Lynford B. Nannette Disque
P.O. Box 2201
Kenai, AK 99611
INVOICE DATE: February 1, 2011
Please enclose one copy of this invoice with your check and mall to the above address.
It is the property owner's responsibility to notify the City of Kenai when the
violations are eliminated.
*Board of Adjustment decision dated December 23, 2010 holds fines in abeyance
until May 1, 2011. If conditions of decision are met, fines will be dismissed.
Date
Description
Amount
Balance forward
$7,950.00
1/1/20/11
$50 Administrative Fines for Lots 10 11, Block 6,
1/31/2011
Valhalla Heights Subdivision Part 5 230 and 240
Richfield Drive, Kenai, Alaska
KMC 12.25.030 Leaving of Junked or Illegally Parked
Vehicles and KMC 14.20.050(h) Outside Storage of
Junk
KMC 12.20.030(d) Debris and Junk Prohibited and
KMC 12,20.050 Health and Safety
31 days $50 a day
$1,550.00
TOTAL DUE
$9,500.00
the of
KENAI ALASKA
CO JE 14, 'I'I i�Nf
INVOICE
63
aT: W llNA I
PLANNING AND ZONING DEPARTMENT
210 FIDALGO AVENUE
KENAI, ALASKA 99611
PHONE: (907) 283 -8237
FAX: (907) 283 -3014
TO:
Joshua Lane
230 Richfield Drive
Kenai, AK 99611
INVOICE DATE: February 1, 2011
Please enclose one copy of this invoice with your check and mail to the above address.
It is the property owner's responsibility to notify the City of Kenai when the
violations are eliminated.
Al:
FP
Hab Rt.
Tax Crl
CZM
Parks
KRC
cc:
Al Reg bate:
Rovr
1DB
pc
8587
_030) Variance
Amend
Permit
I 1
ADFG
ID
OPMP:
Autberities (Allah)
OHMP
840) Fish Passage
870) Anad. Water
8 90) Emergency
FP
040) Allowable
_050) Compliance
060) SMFDA/Non FIRM
Project Tracking Sheet
App, Start Date: I Tax Credit:
Proj Name: 0C44161
Applicant: !PACIFIC STAR SEAFOODS
Contact Name: [BRINDLE, DAVID
Location: '17ENAI RIVER
Comments; POCK MAINTENANCE; REPLACE FAILED TIE BACKS
SBCFSA: 0 TAX: cg CZM: OPMP: [2] USFWS: KNWR: D GOK: COS: D ADF&G/SF:
Al 1
Rec Date: Days Review Susp
Reap Due
02/28/2011
1 02/26/20111
Comments Due
Revised Due inspect Recm Recm Dat Auth
KPH HP
_070) Allowable
_080) Conditional Use
090) Prior Existing
040) Tax Credit
050) Compliance
030) Variance
Project Start:
Revised Due
65
COE COE Pmt Expires COE JD Expires:
t Rem
RA)
RD)
GC)
NR)
_WP)
CG)
CA)
IN)
COE-KFO:
Date Comm Sent
Project Com p tete d: L.
Cost Share: Ei
Parcel No:
:047-057-02
I 1
Comments Only
Rec Approval
Rec Denial
General Comments
Not Reviewed
Withdrawn/closed
Generally Consistent
Consistent w/ Alternatives
inconsistent
1
COE: Ej MINING LIST: D
Final Action Date
11 a/26/201111 t cr1r 11
Date Final Deter Recd
J
RIv. Mile
1,2
Expiry
t Final Action
D) Denied
I) Issued
NR) Not Req'd
WD) Withdrawn by applicant
_0) Other
R) Resolved
F) Fined
C) Court
U) Unresolved
P) Passed to CCO
N) Unfounded
Multi-Agency
Permit Application ---N
NOTE: You may be contacted about your application. Some projects may
require a coastal project questionnaire to be completed.
Applicant Information:
Name:
Pacific Star Seafoods
Owner? F4 Yes El No
Mailing Address:
P.O.Box 190
Kenai, AK 99611
Phone (Home/Work): 907-283-7787
Cell Phone: 206-a45-64
Fax E-Mail:
2O7-2.81205
IlavidbOoefoods,com
Project Location:
Subdivision: Daubenspeck
River/Stream Name: Kenai River
River Mile: .5 4 Right or El Left bank (looking downstream)?
KPI3 Parcel Number: 04705702 Township: R11 Range: RIIW section: 5
Please complete the following:,
1) This activity is a: El new project 4 modification or addition to an existing project
2) Provide a detailed description of your entire project and all related activities, including the stockpiling of materials,
Attach additional pages if needed.
Lanoroposing to do maintenance work to a section of the_clock that isiaelimillaanki_processing__
building. We had done some work in this area in 200512006. At that time internal tie backs were
installed hy_the_contracted COmpany_lhase tiebackshaValaited_and need to he replaced_Ine
work will Donsist aLcuttiag.concreta....cliggingiren.chas4well a have high tide). driving pile for_tie_
haoks(approx, 15 inboarci.fromlace of dock), attaching..brbeanitoltie.tipper miteuuall..attaching
31.e.aLcorLtiabacklapile_and.outat wath-heam...baddilling...with previously ramoverimaterial, and
pottring_new concrete It's my intention to drive the fewest of piles nenessery_ancLutiliza
already existing tie hacks The existing tie hacks won't he known until the area is excavated
Approximately Ric) 7 piles will he driven. Piling will only he driven when the tide is away from the
clock A Reluga spotter will he employed and work will stop when Relugas transit the area_
Revised 8/22/2007
Agent Information:
Name:
David Brindle
Mailing Address:
RO,Box 190
Kenai, AK 99611
Phone (Home/Work): 90T-28347787
Cell Phone: 206
Fax E-Mail:
9QT-283-9485
dayi412@oefoods.com
Lot: T5NR Block: 1 yv Sec. 5_
66
Multi Agency Permit Application Page 2
3) Proposed project start date: April t2011 Proposed project completion date: June 1 2011
4) The project is located within the city limits of: Soldotna Q Kenai Neither
5) Is this project located within Moose Range Meadows Subdivision, within the Kenai National Wildlife Refuge?
Yes Q No
If yes, is the project located within one or both of
the variable non- development easement? Yes No Not sure
the 25 -foot public use easement? Yes No Not sure
6) Is the project located within 50 feet of ordinary high water (OHW) or mean high water (MIIW) of an anadromous
stream? IS Yes No Not sure where OHW or MHW line is
Revised 8/22/2007
7) Does any portion of the project cantilever or extend over the OHW or MHW of the stream?
Yes No Not sure where OIIW or MHW line is
0
8) Does any portion ofthe roject extend below the OHW or MHW of the stream?
Yes No Not sure where OHW or MHW line is
9) Does this project replace a prior existing structure? Yes No
10) Will material be extracted or dredged from the floodplain or riverbed? Yes '4 No
If yes, what type of material?
What amount of material?
Where will the material be deposited?
I I) Will material (including spoils, debris or overburden) be deposited in the lloodplain or river?
Yes, temporarily. How long? Yes, permanently 12 No
If yes, what type of material is it? Amount:
Identify the location(s) of any deposited material on the attached top -view site plan drawing.
12) Surface area (in acres) of any wetlands or other waters to be tilled:
67
13a) List all motorized equipment to be used in this project: 1- boom truck. 1 crane, beckhoo, truck, forklift, air compressor, welder,
cutting torch, concrete saw, and jack hammer,
13b) What motorized equipment will be used below OHW or MHW? None. Only .the crane and man basket
will be over the edge of the dock. Welding and cutting steel will occur on the outside of the dock.
All other work occurs inboard.
13c) Length of time motorized equipment will be used above OFIW (give start end dates): Eiti_to lune 1
14) Directions to the site: 520 Bridge Access Road Kenai, AK 99611, Face of dock behind old
processing.
15) Is any portion orthe work already complete? r] Yes No If yes, describe the completed work:
x
Signature of Applicant
NNW-Agency .Permit Application Page 3
16) Addresses of adjoining property owners, lessees, etc., whose property adjoins the waterbody (If more than can be
entered here, please attach a. supplemental .list). Salamato :oafoosi and City of I( ,i
17) Will a structure (e.g., culvert, bridge support, dike) be placed below ordinary high water ofthe stream?
Yes IO No If yes, attach engineering drawings or a field sketch, as described in the -Site Plan
Instructions Check List.
STATEMENT OF AUTHORIZATION
I hereby authorize David Brindle to act in niy behalf as my agent
in the processing of this application and to furnish, upon request, information in support of this
permit application. Application is hereby made for a permit or permits to authorize the work
describedmi. this application. 1 certify that the information in this application is complete and
ac tcfate. 1 f trther ce tfify t eft possess t tuthority to undertake the work described herein.
SIGNATURE OF APPLICANT DATE
68
1 20 -1a
Date
STATEMENT OF AUTHORIZATION
Application is hereby made for a permit or permits to authorize the work described in this
application. I certify that the information in this application is complete and accurate. 1 further
certify that I possess the authority to under ke the work described herein or am acting as the duly
authofizecl nt of the p1Sli °tnt,
1-20-10
SIGNATURE OF AGENT DATE
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction ofany department or
agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or
disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or
uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or
entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
Revised 8/22/2007
s