HomeMy WebLinkAbout2011-04-27 Planning & Zoning Packet1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
Commissioner Navarre
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 27, 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. *April 13, 2011 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ11 -09 Preliminary Plat Kenai Cemetery Expansion No. 2 (A subdivision of Lot 1
Kenai Cemetery Expansion (Plat No. 2009 -50 KRD) and USS 4969 and an unsubdivided
parcel). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10,
Soldotna, Alaska. 9
b. PZ11 -10 Section Line Easement Vacation Plat Associated with Kenai Cemetery
Expansion (Section Line Easements within S31, T6N, R11W S6 T5N, R11W Seward
Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite
#10, Soldotna, Alaska. 13
5. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. Ordinance No. 2546 -2011 An ordinance of the Council of the City of Kenai, Alaska,
amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses
allowed in the Rural Residential 1 (RR -1) zoning district including changing many
"Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses"
for properties along the Kenai Spur Highway within the RR -1 zoning district.
Agenda
April 27, 2011
Discussion /Set public hearing. 17
8. PENDING ITEMS:
9. REPORTS:
a. City Council 27
b. Borough Planning 31
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
Memo dated 4/20/11 regarding OWB's 39
12. NEXT MEETING ATTENDANCE NOTIFICATION: May 11, 2011
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
Work Session
Immediately Following Meeting: (2 hours)
Ordinance No. 2546 -2011 Amendment to KMC 14.22.010,
Land Use Table. Comprehensive changes to the Land Use Table
in the Rural Residential 1 (RR -1) Zoning District.
Page 2
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Navarre
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 13, 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. *March 23, 2011
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
a. Eileen Bechtol, AICP, Bechtol Planning Development. City of Kenai's
Comprehensive Plan Update.
4. CONSIDERATION OF PLATS:
S. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
6 to 7 :00 p.m.
Work Session
Outdoor Wood Burning Boilers
7. NEW BUSINESS:
a. *PZ11 -08 Home Occupation Permit Photography Studio for the property known as
516 Hemlock Avenue (Lot 8, Block D, Woodland Subdivision Part 1), Kenai, Alaska.
Application submitted by Adelle Lines, 516 Hemlock Avenue, Kenai, Alaska.
b. PZ10 -12 Conditional Use Permit 6 Month Extension Professional Offices 9520
Kenai Spur Highway (Tract A, Papa Joe's Subdivision Chumley Replat). Request
submitted by F. Todd Waltham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska.
Approval.
1
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c, Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Quarterly Reports
P &Z Resolutions
Building Permits
Code Violations
b. Comprehensive Plan Update Meeting Notices
12. NEXT MEETING ATTENDANCE NOTIFICATION: April 27, 2011
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
[Type text]
ITEM 1:
Chair Twait called the meeting to order at approximately 7:00 p.m. and led those
present in the Pledge Allegiance.
1 a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
A quorum was present.
1 -b.
MOTION:
Commissioner Romain MOVED to approve the agenda as presented and Commissioner
Knackstedt SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -c. Consent Agenda
*Excused Absences Commissioner Navarre
MOTION:
Agenda Approval
CITY OF KENAI
PLANNING ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 13, 2011 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
CALL TO ORDER
MINUTES
S. Romain, H. Knackstedt, K. Koester, K. Rogers, J.
Twait
P. Bryson, T. Navarre (excused)
City Planner M. Kebschull, N. Carver, Planning
Zoning Administrative Assistant, Council Member R.
Molloy
Commissioner Romain MOVED for approval of the consent agenda as presented and
Commissioner Knackstedt SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
3
*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 *March 23, 2011
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT (10 Minutes)
3 -a. Eileen Bechtol, AICP, Bechtol Planning Development City of
Kenai Comprehensive Plan Update.
Eileen Bechtol, Homer Ms. Bechtol identified that she and her partner, Glen Beck
had been hired to assist the City of Kenai in preparing its Comprehensive Plan Update,
gave an overview of her professional background, reviewed the role of the Commission
in the effort, and, outlined what would take place at the April 21, 2011 joint work
session with the City's boards, commissions, and committees as well as the April 23,
2011 collaborative planning session.
ITEM 4: CONSIDERATION OF PLATS None.
ITEM 5: PUBLIC HEARINGS None.
ITEM 6: UNFINISHED BUSINESS None.
ITEM 7: NEW BUSINESS
7 -a. *PZ11 -08 Home Occupation Permit Photography Studio for the
property known as 516 Hemlock Avenue (Lot 8, Block D, Woodland
Subdivision Part 1), Kenai, Alaska. Application submitted by Adelle
Lines, 516 Hemlock Avenue, Kenai, Alaska.
Approved by consent agenda.
7 b. PZ10 12 Conditional Use Permit /6 Month Extension Professional
Offices 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision
Chumley Replat) Request submitted by F. Todd Wortham, DDS, River
City Dental, P.O. Box 1029, Kenai, Alaska. Approval.
MOTION:
Commissioner Romain MOVED to approve PZ10 -12, a six -month extension to Tract A,
Papa Joe's Subdivision, Chumley Replat and Commissioner Rogers SECONDED the
motion.
PLANNING ZONING COMMISSION MEETING
APRIL 13, 2011
PAGE 2
4
Romain
Yes
Knackstedt
Yes
Koester
Yes
Rogers
Yes
Navarre
Absent
wait
Yes
Bryson
Absent
City Planner Kebschull reviewed her memorandum which was included in the packet,
noting the following items:
Code allows the Commission to grant time extensions not to exceed six
months.
The applicant submitted a request for an extension in writing.
A public hearing was not required.
The original plans for the development had not changed.
The applicant intended to begin site work during the spring and hoped to
complete the project by spring of 2012.
Staff recommended approval of the request for an six -month extension to
the conditional use permit (PZ 10 -12)
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 8:
ITEM 9:
PENDING ITEMS None.
REPORTS
City Council Council Member Molloy commented on the following
9 a.
items:
He reviewed the April 6, 2011 Council Meeting action agenda which was
included in the packet, noting actions and discussions that took place.
He distributed a copy of Ordinance No. 2546 -2011, proposing to amend
the Land Use Table related to the RR1 zone. Molloy explained, the ordinance had been
introduced at Council and then postponed and referred to the Planning Zoning
Commission to hold a work session and public hearing prior to returning the
ordinance, with the Commission's recommendations for the Council's May 18, 2011
meeting. He added, a copy of the ordinance was being provided in order for the
Commissioners to review it prior to the work session and if they would be contacted by
the public prior to the work session. If the Commission believed it needed additional
time for review of the ordinance, a request for additional time could be recommended
to Council for its May 18 meeting.
A budget work session would be held on Tuesday, April 19 beginning at
6:00 p.m.
The City of Kenai's All America City application was chosen as one of the
2011 finalists and noted the application was available on the City's webpage.
9 b. Borough Planning No report.
9 c. Administration Kebschull commented on the following items:
PLANNING ZONING COMMISSION MEETING
APRIL 13, 2011
PAGE 3
5
Quarterly reports were included in the packet.
Reminded all of the April 21, 2011 joint work session with other City
boards, commissions and committees.
Reminded all of the April 23, 2011 collaborative planning session to be
held at the Kenai Senior Center and encouraged the Commission's participation.
Referring to Ordinance No. 2546 -2011, she stated the ordinance was a
legislative action and would not be considered ex parte contact if Commissioners were
contacted by public.
An example offered by Council Member Molloy of previous actions taken
by the Commission was not a Title 14 issue and there were differences in processes
and would be discussed at the work session.
A brief discussion took place with comments including:
A question of how the ordinance work in conjunction with the
Comprehensive Plan and an explanation there were different opinions, i.e. the
development of the comprehensive plan update could take up to two years, should
action on the ordinance be delayed that long, etc.
Concern there would not be enough time to review the ordinance in one
work session.
ITEM 10: PERSONS PRESENT NOT SCHEDULED (3 Minutes)
Barry Eldridge, 2679 Bowpicker Lane, Kenai Commented on Ordinance No. 2546-
2011, noting his concern with the timeline provided; believed the ordinance
shortsighted as it would not allow small business opportunities for residents in the
zone; and, spoke in opposition to the ordinance.
Mark Schrag, 312 Princess Lane, Kenai Commented on Ordinance No. 2546-
2011, noting the neighborhoods (MAPS and 3W) had been working on the ordinance
for a long time; believed the Comprehensive Plan Update and the ordinance were two
separate issues; the neighborhoods worked with Kebschull and the City Manager
collaboratively; and, the ordinance was being supported by both RR1 neighborhoods.
Kristine Schmidt, 513 Ash Avenue, Kenai Commented on Ordinance No. 2646-
2011, noting until 1977, all the zones had very few conditional uses allowed; the City
commercialized all zones with conditional uses with little public notice; the RR1 zone
had the same treatment as any other zone; Ordinance No. 2546 -2011 would not
prohibit every commercial use; and, requests for amending the zoning of the MAPS
area had been before the commission for a year or more.
ITEM 11: INFORMATION ITEMS
11 a. Quarterly Reports
P &Z Resolutions
Building Permits
Code Violations
11 b. Comprehensive Plan Update Meeting Notices
PLANNING ZONING COMMISSION MEETING
APRIL 13, 2011
PAGE 4
6
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION April 27, 2011
Of those in attendance, there were no reports of planned absences.
ITEM 13: COMMISSION COMMENTS QUESTIONS:
Rogers No comments.
Koester Stated her appreciation for the public comments; was aware the zoning
issue had been around for a long time; was concerned with the turnaround timeline:
and, wanted the Commission to give the ordinance its full review.
Noted there would be a lot for the Commission to review at its work
session and suggested the work session be held after the meeting.
Commission consensus was to hold the work session following the meeting with a two
hour limit.
Knackstedt No comments.
Romain No comments.
Twait No comments.
ITEM 14:
MOTION:
VOTE:
Carol L. Freas, City Clerk
ADJOURNMENT
Commissioner Koester MOVED for adjournment and Commissioner Rogers
SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 7:55 p.m.
Minutes prepared and submitted by:
PLANNING ZONING COMMISSION MEETING
APRIL 13, 2011
PAGE 5
7
STAFF REPORT
To: Planning Zoning Commission
Date: April 18, 2011
Res: PZ11 -09
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Current Land Use:
Land Use Plan:
Integrity Surveys, Inc. 262 -5573
43335 Kalifornsky Beach Road, Suite #10
Soldotna, AK 99669
Kenai Cemetery Expansion No. 2
A subdivision of Lot 1 Kenai Cemetery Expansion (Plat No. 2009-
50 KRD) and USS 4969 and an unsubdivided parcel
109 Floatplane Road; 840 First Avenue; 700 First Avenue
04317036; 04318021; 04327036
Existing Zoning: RS Suburban Residential; CG General
Commercial; C Conservation
Vacant, Cemetery, Airport
Neighborhood Commercial; Neighborhood Residential; Airport
Industrial
ANALYSIS:
In 2009, the Kenai Cemetery Expansion plat was submitted by the City of Kenai. The
plat was approved and recorded in September 2009. During that platting process the City
decided to proceed with identifying and dedicating Float Plane Road and First Avenue
where they are constructed and to pursue vacation of the section line easements in
conjunction with that plat. It was also decided to pursue vacation of the section line
easements that bisects the original Kenai Cemetery property and airport property. (These
changes are shown on the attached section line easement vacation plat.)
Section line vacations must be reviewed and approved by the local platting authority and
the request submitted to the State of Alaska, Department of Natural Resources. The City,
through Integrity Surveys, has been working on this process for some time. Due to the
length of time that has passed since the original platting action, the Kenai Peninsula
Borough has requested the plat be presented to the City Planning Zoning Commission
and the Kenai Peninsula Borough Planning Commission for approval.
9
PZ11 -09 Comments Page 2
RECOMMENDATIONS:
This plat will dedicate rights-of-ways (First Avenue, Floatplane Road, and a small section
of Coral Street) where they are constructed and vacates section lines that are no longer
needed. In addition, the section line that bisects the Cemetery and airport property will be
vacated to provide for use of this property. Recommend approval with no contingencies.
ATTACHMENTS:
1. Resolution No. PZ11 -09
2. Preliminary Plat
10
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -09
Me cr./ of PRELIMINARY PLAT
KENAI,
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 KENAI CEMETERY EXPANSION NO. 2 was referred to the City
of Kenai Planning and Zoning Commission on APRIL 15, 2011, and received from INTEGRITY
SURVEYS.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RS Suburban Residential, CG General Commercial, and C
Conservation 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:
a
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES KENAI CEMETERY EXPANSION NO. 2
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, APRIL 27, 2011.
CHAIRPERSON:
ATTEST:
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To: Planning Zoning Commission
Date: April 18, 2011
STAFF REPORT
Res: PZ11 -10
GENERAL INFORMATION
Applicant:
Integrity Surveys, Inc. 262 -5573
43335 Kalifornsky Beach Road, Suite #10
Soldotna, AK 99669
Requested Action: Section Line Easement Vacation Plat Associated with Kenai
Cemetery Expansion
Legal Description: Section Line Easements within S31, T6N,
RI1W S6 T5N, R11W Seward Meridian
Street Address: N/A
KPB Parcel No.: Multiple
Existing Zoning: RS Suburban Residential; CG General
Commercial; C Conservation
Current Land Use: Vacant, Cemetery, Airport
Land Use Plan: Neighborhood Commercial; Neighborhood Residential; Airport
Industrial
ANALYSIS:
In 2009, the Kenai Cemetery Expansion plat was submitted by the City of Kenai. The
plat was approved and recorded in September 2009. During that platting process the City
decided to proceed with identifying and dedicating Float Plane Road and First Avenue
where they are constructed and to pursue vacation of the section line easements in
conjunction with that plat. It was also decided to pursue vacation of the section line
easements that bisects the original Kenai Cemetery property and airport property. These
changes are shown on the attached section line easement vacation plat.
Section line vacations must be reviewed and approved by the local platting authority and
the request submitted to the State of Alaska, Department of Natural Resources. The City,
through Integrity Surveys, has been working on this process for some time. Due to the
length of time that has passed since the original platting action, the Kenai Peninsula
Borough has requested the plat be presented to the City Planning Zoning Commission
and the Kenai Peninsula Borough Planning Commission for approval.
13
PZ11 -10 Comments Page 2
RECOMMENDATIONS:
This plat identifies the rights -of -ways and section lines that will be vacated as part of the
Kenai Cemetery Expansion No. 2 preliminary plat. Also shown is the section line that
bisects the Cemetery and airport property that will be vacated to provide for use of these
properties, Recommend approval with no contingencies,
ATTACHMENTS:
1, Resolution No. PZ11 -10
2, Preliminary Plat
14
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KENAALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -10
SECTION LINE EASEMENT
VACATION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat SECTION LINE EASEMENT VACATION PLAT ASSOCIATED
WITH KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning
Commission on APRIL 15, 2011, and received from INTEGRITY SURVEYS.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RS Suburban Residential, CG General Commercial. and C
Conservation 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:
a.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES SECTION LINE EASEMENT VACATION PLAT
ASSOCIATED WITH KENAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE
FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, APRIL 27, 2011.
CHAIRPERSON:
ATTEST:
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KENAI ALASKA
MEMO:
"Villa" with a Past, Gi with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907 283 -3014 1 I I I f
1992
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: April 20, 2011
SUBJECT: Ordinance No. 2546 -2011 Amendment to KMC 14.22.010 Land Use
Table Rural Residential 1 (RR -1) Zone Set Public Hearing
The Commission has been asked by Council to review a proposed amendment to KMC
14.22.010 Land Use Table for the Rural Residential 1 (RR -1) Zone. A work session is
scheduled after tonight's meeting to discuss the proposed amendment. It is
recommended that the Commission adjourn into the work session prior to considering
setting a public hearing on this item. Additional information on this amendment is
included in the Commission's work session packet.
Does the Commission want to schedule a public hearing to consider Ordinance
No. 2546 -2011 for the May 11, 2011 Commission meeting?
7c<7
17
CITY OF KENAI
ORDINANCE NO. 2546 -2011
Sponsored by: Council Member Molloy
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE
USES ALLOWED IN THE RURAL RESIDENTIAL RR-1 ZONING DISTRICT, INCLUDING
CHANGING MANY "CONDITIONAL USES" TO USES NOT PERMITTED," AND
PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE
KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT.
WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural
Residential RR -1 Zoning Districts "RR -1 Zoning District which are the Three W's
Subdivision and the area generally known as the "MAPS Area;" and,
WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re-
zoned from Rural Residential (RR) and Suburban. Residential (RS) Zoning Districts to
the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1
Zoning District; and,
WHEREAS, in 1986, the residents of the Three Ws Subdivision desired to have the
Three W's Subdivision re-zoned from Rural Residential (RR) Zoning District to the RR-
1 Zoning District, and the City of Kenai re -zoned the Three W's Subdivision to the RR-
1 Zoning District; and
WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been
actively engaged in zoning issues and processes affecting their neighborhoods,
expressing their desire to maintain the development of their neighborhoods as low
density residential development that creates a stable and attractive residential
environment; and,
WHEREAS, residents of these areas in the RR -1 Zoning District have expressed
significant concerns about the presently allowable types of land uses which are
permitted or are conditional uses in their neighborhoods under the Land Use Table for
the RR -1 Zoning District; and,
WHEREAS, residents of these areas in the RR -1 Zoning District have made
presentations to the Kenai City Council, Planning and Zoning Commission and
Administration regarding their concerns and their proposed solutions; and,
WHEREAS, residents of these areas in the RR -1 Zoning District desired to
collaboratively work with the City through the public process to amend the land use
table in order to promote the residential character of their neighborhoods, as follows:
Protect against incompatible land uses;
Preserve low density residential development;
Prevent land uses that generate heavy traffic; and
18
Ordinance No. 2546 -2011
Page 2 of 3
Support a stable and predictable setting for future investment; and,
WHEREAS, amending KMC 14,22.010, Land Use Table, to make comprehensive
changes to the uses allowed in the RR -1 Zoning District, including changing many
"conditional uses" to "not permitted," and providing for certain conditional uses for
properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet
the specific intent of the RR -1 Zoning District and promote the residential character of
Three W's Subdivision and the MAPS Area; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on
2011, and adopted a. resolution making recommendations to the City
Council on this ordinance; and,
WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table
in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1
Zoning District, including changing many "conditional uses" to "not permitted," and
providing for certain conditional uses for properties along the Kenai Spur Highway
within the RR -1 Zoning District.
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 the Kenai Municipal Code KMC 14.22.010: The City of
Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on
Attachment A to this ordinance.
Section 3. Severabilitv: 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 4. 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.
19
PAT PORTER, MAYOR
Ordinance No, 2546 -20.11
Page 3 of 3
ATTEST:
Carol L. Freas, City Clerk
20
Introduced: April 6, 2011
Adopted:
Effective:
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C"
N
P
C
S
Five /Six Family Dwelling
C'"
C
N
P
NN
P
P
S'
C
C
N
N
P
C
SVC"
Seven or More Family
Dwelling
C'"
C'
N
C
N
N
P
P"
S'
C
C
N
i
N
P
S' /C
['ownhouses
C
C
C'
C
C
C
C
C
C
C
c
C
C
C
Mobile Home Parks`
N
C
[C] N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
C'"
C
C
C
C
C
C
C
C'
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
N
C
[C] N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C
[C] N
N
N
N
P
P
P
P
N
C
N
N
P
Banks
C
[C] N
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
C
[C] N
C
N
N
C
P
P
P
N
C
C
C
P
Guide Service
N
C
[C] t4
C
N
N
C
P
PP
P
N
P
P
C
P
Hotels /Motels
N
C
[C11\1
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
[C] N
C
N
N
C
P
P
P
C
N
P
P
C
I'
Professional Offices
N
C
C
C
N
N
P
P
I'
P
P
N
C
P
P
P
Restaurants
N
C
[C] N
C
N
N
C
P
P
P
C
N
C
C
C
P
Relail Business
N"
C
[CAN
C
N
N
C
P
P
P
P
S
S"
C
C
P
Wholesale Business
N
C
[C] l4
C
N
N
C
C
P
P
P
N
S
C
C
N
Theaters /Commercial
Recreation
N
C
[C
N
N
0
P
P
C
C
N
P
C'
C
P
14,22.010 Land use table.
KEY: P Principal Permitted Use
C Conditional Use
S Secondary Use
N.- Nal Permitted
Page 1 of 5
LAND USE TABLE
NOTE: Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2546 -2011
Attachment A
21
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL.
111
ED
TSI1
LC
CMU
Airports and Related Uses
P
C
[C] NC
N
N
C
P
P
PPNCNN
C
Automotive Repair
N
C
[CI N
C
NN
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
[CI N
C
N
N
N
N
N
9 C
NN
NN
N
Manufacturing/Fabricating/
Assembly
N
C
[C] N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini- Storage Facility
N
C
[C] NC
N
N
C
C
P
P
P
N
N
NC
C
Storage Yard
N
C
I C J N E
C
NN
C
C
P
P
P
NN
NN
z
Warehouses
PUBLIC/
INSTITUTIONAL
N
C
[C] N
C
N
N
C
N
P
P
P
NC
NN
LAND USES
RR
RRI
RS
RSI
RS2
RU
CC
CG
IL
11-1
ED
R
TSH
LC
CMU
Charitable institutions
C
[C] N
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
P
P
p
P'n
Pui
Pro
pin
Pin
c
c
p
P
P
P
P
Clinics
C
[C] N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C'
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
O
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
CR
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C"
C
C
C
C
P
P
C
C
P
C
C
P
Hospitals*
C
[CI N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
[C] N
C
C
C
C'
P
P
P
C
P
C
P
C
P
Muset
C
[C] N
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recrealion
C
C
C
C
C
C
P
P
P
P
P
P
P
C
P
Assisted Living
C
CC
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
I.,ANI) USES
RR
RRI
RS
RS]
RS2
RU
CC
CG
IL
11-1
ED
It
TSH
LC
Animal Boarding"
C
C
[C] N
C
C
N
N
C
C
C
C
N
C
N
C
Bed and Breakfasts
CC
C
C
C
C
C
C
C
C
C
N
C
C
C
Cabin Rentals
CC
CC
N
N
N' P
P
P
C
N
P
C
Cemeteries
CC
C
C
N
N
N N
C
C
C
N
C
C
N
Crematories /Funeral Homes
N
C
N
C
N
N
C C
C
C
C
N
C
C
C
Day Care Centers'
C
C
C"
C
C
C
C P
P
P
C
C
C
C
P
Dormitories /Boarding
Houses
C
C
[CJ N
C
C
C
P P'
S f
C-
P
P
C
C
C
Essential Services
P
P
[PI NP
P
P
P P
P
P
P
PP
P
P
Farming/General
Agriculture
P
.1 a. E
P
C
N N
N
N
N N
N
N
P
NP
NN
Greenhouses /free
Nurseries"
[CI N C
C
C
C P
P
P
C
N
C
C
C
KEY; P Principal Permitted Use
C= Conditional Use
S Secondary Use
N —Not Permitted
Page 2 of 5
LAND USE TABLE
22
NOTE: Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT 13I2ACKETED]
Ordinance No, 2546 -2011
Attachment A
ZONING DISTRICTS
MISCELLANEOUS
1 RR
C
RRI
C
RU
CC
P
1L
P
111
P
ED
N
LAND USES
Gunsntithing, Printing,
Taxidermy
Assernblics" (Large:
Circuses, Pairs, Etc.)
C
g p
p"
p"
p
Private Clubs /Social Halls
and Limon Halls
.Nursing, Convalescent or
Rest Homes
[U
I
u
j U
Parking,. Street
[P]
P
P
P
Parking, Public Lots"
C C
[C] N
C
C
CC
C
C
C
C
Personal Services"
C C
[C] N
C
1
C
P
P
P
C
C
P
P!
C21
P
Communications Towers
Anttinna(s), Radio/TV
Transmitters /Cell Sites 2'
P C
[C] N
C
C
C
J
P
P
P
P
C
C
u
C
Recreational Vehicle Parks
U U
U U
[C] N
ICJ N
7
Z U
z u
UU
1U
U
U q U
z z
1c0 lu
z
1
Z I z
10 I Z
Subsurface Extraction of
Natural Resources"
Surface Extraction of
Natural Resources"
C
C
Id] N
C
N
N
C
N
C
C
C I
N
C
N
N
N
See 42 USCA Sec. 2000cc (Religiot s Land Use and I istitutio talized Persons Act of2000)
4 See 42 Telecommunications Act of 1996. Sec. 704 a)
See, however, the limitations imposed under KMC 3.10.070
Footnotes:
I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2 One (1) single- family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a. 'I'Ite usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;.
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requirements shall be the same as for principal
uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
c. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage
spaces, and recreational and community activities;.
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
KEY: P Principal Permitted Use
C Conditional Use
S Secondary Use
N =Not Permitted
Page 3 of 5
LAND USE TABLE
23
NOTE': Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT BRACKETED)
Ordinance No. 2546 -2011
Attachment A
Limited Commercial Znne
Personal Services
Pernrlftcd(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Self- Service
Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
Tanning Salons
X
��.4.
Tattoo Parlors
X
Sec "Mobile Homes" section:
Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile horse park meets the
minimum Federal Housing Authority requirements.
See "Planned Unit Residential Development" section.
Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line,
11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line and provided further that the proposed location and characteristics of the use will not adversely affect
the commercial development of the zone,
12. Allowed as a conditional use, provided that the following conditions are met:
a.. The proposed location of the use and the sit: and characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off- street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use. provided that setbacks, buffer strips, and other provisions are adequate to assure that the use
will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this
requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a, An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17, See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Usc allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144- 2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones,
22, Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
Art studios, barbers, beauticians, tattoo parlors, dressmakers dry cleaners and self-service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than fora' (4) months per year.
27.
Page 4 of 5
24
New Text Underlined; (DELETED TEXT BRACKETED)
Ordinance No, 2546 -2011
Attachment A
Personal services not set forth in the above matrix are conditional uses,
28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC
14.20;255 are rnet or a conditional. use (C) if the applicable conditions set forth in KMC'14 20.255. and .14 20.150 are met.
29, Use allowed only for those parcels that abut the KenaiAtur ,lrlighway, The access to any such parcel mute either from fa)
driveway access on thej(enai Stiuillkh vay, lb) driveway access: from a dedicated right of and that •drivetiva e „,cgss
is notJ ore than 275 feet as measured from the centerline of the Kenai $p jlighwav to the center of the driveway access as
shown on arias-Wit drawinn /survey,of„lheparcel,
Page 5 of 5
25
New Text Underlined; IDELETEL TEXT BRACKETED]
Ordinance No. 2546-2011
Attachment A
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
APRIL 20, 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 10 minutes
per speaker)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker, Persons
may give their time over to another speaker present, however no single speaker
present may speak for more than 30 minutes combined on their own and on others'
behalf.)
1. PASSED UNANIMOUSLY. Ordinance No. 2547 -2011 Increasing
Estimated Revenues and Appropriations in the Airport and Airport
Equipment Capital Project Funds for the Purchase of Snow Removal
Equipment, Phase 1.
2. PASSED UNANIMOUSLY. Ordinance No. 2548 -2011 Increasing
Estimated Revenues and Appropriations in the Airport and Airport
Improvement Capital Project Fund to Conduct a Wildlife Hazard
Assessment.
3. PASSED UNANIMOUSLY. Ordinance No. 2549 -2011 Increasing
Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4
Capital Project Funds for a State of Alaska Municipal Matching Grant for
the Construction of a Water Treatment Facility, Drilling of a New Water
Production Well, and Completion of the Intertie to the City's Water
Distribution System.
27
4. PASSED UNANIMOUSLY. Ordinance No. 2550 -2011 Increasing
Estimated Revenues and Appropriations by $407,374 in the Water
Sewer Special Revenue Fund and by $2,477,374 in the Wellhouse 4
Capital Project Funds for a State of Alaska Municipal Matching Grant for
the Construction of a Water Treatment Facility and Drilling of a New
Water Production Well.
5. PASSED UNANIMOUSLY. Ordinance No. 2551 -2011 Increasing
Estimated Revenues and Appropriations by $175,000 in the Bridge
Access Water Sewer Capital Project Fund, $93,714 in the Water
Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4
Capital Project Funds for a State of Alaska Municipal Matching Grant for
the Construction of a Water Treatment Facility and Drilling of a New
Water Production Well.
6. PASSED UNANIMOUSLY. Ordinance No. 2552 -2011 Increasing
Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4
Capital Project Funds for a U.S. Environmental Protection Agency (EPA)
State and Tribal Assistance Grant (STAG) Received to Complete the
Intertie Between the Soon -to -Be Constructed Water Treatment Facility
and the City's Water Transmission System.
7. AMENDED/POSTPONED TO MAY 4, 2011. Resolution No. 2011 -29
Awarding a Contract to Professional Credit Service to Perform Collection
Services for the City of Kenai on Delinquent Ambulance Bills.
8. PASSED UNANIMOUSLY. Resolution No. 2011 -30 Awarding a
Contract to G S Construction, Inc. for the Project Entitled, "Kenai
Water Treatment Facility 2011," for the Total Amount of $3,870,000.00.
9. PASSED UNANIMOUSLY. Resolution No. 2011 -31 Awarding a
Contract to Think Office LLC for the Project Entitled, "Kenai Library
Public Space Furniture 2011," for the Total Amount of $176,762.86.
ITEM E: MINUTES
1. APPROVED. *Regular Meeting of April 6, 2011.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. NONE. Ratification of Bills
2. NONE. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2553 -2011
Waiving a Sale Restriction Imposed by Kenai Municipal Code Section
21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472
28
Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the
Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma Pa
Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty
Subdivision is Not Needed for a Public Purpose.
4. APPROVED. Action /Approval Kenai Municipal Airport Terminal
Lease to Kathy Chircop, d /b /a Alaska Realty Group /88 Square Feet of
Office Space, First Floor, Airport Terminal.
5. MAY 24 25, 2011, 6:00 P.M. Discussion Schedule Evaluations of
City Manager, City Attorney and City Clerk
6, MAY 9, 2011, 6:00 P.M. Discussion Scheduling of Additional Budget
Work Session
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks Recreation Commission
6. Planning Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini -Grant Steering Committee
d. Kenai Convention Visitors Bureau
e. Reports of KPB Assembly, Legislators and Councils
ITEM I: REPORT OF THE MAYOR
ITEM J: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM K: ADDITIONAL PUBLIC COMMENT
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION None Scheduled
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2546 -2011 Amending KMC 14.22,010, Land Use Table, to Make
Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning
29
District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and
Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway
Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the
April 6, 2011 Council Meeting and referred to the Planning Zoning Commission for
work session and public hearing, then to be returned to Council with the Commission's
recommendation for the May 18, 2011 Council Meeting at which time a public hearing
will be held and for Council to consider.)
ITEM M: ADJOURNMENT
30
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
Homer City
Term Expires 2013
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
Sandra Key Holston
PC Member
East Peninsula
Term Expires 2013
James (sham
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
April 25, 2011 7:30 P.M.
Tentative Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
Ail 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 None
*2. Planning Commission Resolutions Resolution SN 2011 -07
a. Streets in Happy Valley 5 Acre Homesites
1. Unnamed Easement (aka Minnow Dr) shown on plat
HM0620629 Happy Valley 5 Acre Homesites; T3S R14W
S21, SM, AK; RENAMED Zeke St.
2. Unnamed Easement (aka Bear St) shown on plat
HM0620629 Happy Valley 5 Acre Homesites; T3S R14W
S21, SM, AK; RENAMED Stinkbug St.
3. Unnamed Easement (aka Wheat Rd) shown on plat
HM0620629 Happy Valley 5 Acre Homesites; T3S R14W
S21, SM, AK; RENAMED SigonySt.
4. Unnamed Easement (aka Canyon Dr) shown on plat
HM0620629 Happy Valley 5 Acre Homesites; T 3S R 14W
S21, SM, AK; RENAMED Cailey Baby St.
b. Streets in Happy Acre Homesites
1. Unnamed Easement (aka Swallow Ave) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S8, SM, AK; RENAMED Tattler Ave
2. Unnamed Easement (aka Sparrow St) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S8 17, SM, AK; RENAMED Pewee St.
3. Unnamed Easement (aka Sea Gull St) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S8 17, SM, AK; RENAMED Pipit St
4. Unnamed Easement (aka Falcon St) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S17, SM, AK; RENAMED Flicker St
5. Unnamed Easement (aka Condor St) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S17, SM, AK; RENAMED Whip Poor Will St
6. Unnamed Easement (aka Chickadee Ave) shown on plat
HM0670072 Happy Acres Homesites Subdivision; T3S
R14W S17, SM, AK; RENAMED Sapsucker Ave
31
1
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
C. Happy Creek Homesites
1. Unnamed Easement (aka Panther Ave) shown on plat
HM0620711 Happy Creek Homesites Subdivision; T3S
R14W S9; SM, AK; RENAMED Panther Ave.
2. Unnamed Easement (aka Star St) shown on plat
HM0620711 Happy Creek Homesites Subdivision; T3S
R14W 89; SM, AK; RENAMED Crazy Woman St.
3. Unnamed Easement (aka Kardinal St) shown on plat
HM0620711 Happy Creek Homesites Subdivision; T3S
R14W S9; SM, AK; RENAMED Jaguar St
4. Unnamed Easement (aka Wolverine St) shown on plat
HM0620711 Happy Creek Homesites Subdivision; T3S
R14W 39; SM, AK; RENAMED Cougar St
d. Streets in World View Subdivision
1. Unnamed Rd (aka Fighter Ave) shown on plat HM0640075
World View Subdivision; T5S R12W S31; SM, AK;
RENAMED Clementine Ave.
2. Unnamed Rd (aka Paladin Ave) shown on plat HM0640075
World View Subdivision; T5S R12W 331; SM, AK;
RENAMED Anakin Ave.
3. Unnamed Rd (aka Ranger St) shown on plat HM0640075
World View Subdivision; T5S R12W S31; SM, AK;
RENAMED Woape St.
e. Streets in Tice Acres
1. Unnamed Rd (aka Pool Ave) shown on plat HM0600097
Tice Acres Subdivision; T6S R14W S3; SM, AK; RENAMED
Jiggs Mac Ave.
2. Unnamed Rd (aka Rich Rd) shown on plat HM0600097
Tice Acres Subdivision; T6S R14W S3; SM, AK; RENAMED
Tice Ave.
f. Falls Creek Rd Duplicates
1. Falls Creek Rd shown on plat HM0830100 Falls Creek
Estates Unit 2; T4S R11W S34; SM, AK; RENAMED Furrow
Rd
g. Stariski Duplicates
1. Stariski Rd shown on plat HM0740697 Stariski Creek Acres
No 2; T3S R14W S32; SM, AK; RENAMED Procyon St.
2. Stariski Creek Rd (aka Stariski Creek St) shown on plats
HM 0740699 Chakok Acres Subdivision HM0760027
Haath Acres Subdivision; RENAMED Not So Far St.
3. Stariski St shown on plat HM0970062 Stariski Meadows;
T3S R14W S20, 21 29; SM, AK; RENAMED Achernar St.
h. Unnamed Rd (aka Patrick Ave) shown on plat HM0670072 Happy
Valley Acres Subdivision1966 Addition; T3S R14W S18; SM, AK;
RENAMED Ella Mae Ave.
Terry St /Facia Rd shown on plats HM0711240 Blazes Subdivision
HM0780023 Falls Creek Ridge Subdivision; TIN R12W 37; SM, AK;
RENAMED Faccio Rd.
j. Unnamed Rd (aka Greenleaf Rd) shown on plat HM630968 Martin
Subdivision; T6S R12W S5; SM, AK; RENAMED Dodd Butters Ave.
k. Unnamed Rd (aka St John Ave) shown on plat HM0650889 V.A.
Edington Subdivision; T6S R 13W 31; SM, AK; RENAMED Dock
Walloper Ave.
Tremain Ave Duplicates
1. Canyon Rd (aka Tremain Ave) shown on plat HM0760036
Marimac Subdivision; T5S R12W S23; SM, AK; RENAMED
Tremain Ave
2. Tremain Rd (aka Tremain Ave) shown on plats
HM0870029 Canyon Creek Subdivision No 4 HM2001064
32
2
*5.
*7.
F. PUBLIC HEARINGS
Canyon Creek Subdivision No 5; T5S R12W S23; SM, AK;
RENAM ED Easement Ave.
m. Unnamed Rd (aka Brant Dr) shown on plat HM 0810014 Brant
Subdivision; T6S R14W S2; SM, AK; RENAMED Brant Dr.
n. Unnamed Rd (aka Shane Cir) shown on plat HM0850030 Smurfy
Acres; T6S R14W S9; SM, AK; RENAMED Glanville Cir.
o. Old Squaw St (aka Crested Crane St) shown on plats HM0850122
Puffin Acres Subdivision HM0990015 Upper Winding Trails
Subdivision; T6S R13W S11; SM, AK; RENAMED Crested Crane
St.
*3. Plats Granted Administrative Approval None
*4. Plats Granted Final Approval (20.04.070) None
Plat Amendment Request
a. Old Kasilof Sub 2010 Addition
KPB File 2010 -140 147 Recording No. KN 2010 -81
[Johnson Kasilof Properties, McGarry, Haakenson]
Location: West of K -Beach Road in Kasilof
*6. Coastal Management Program None
Commissioner Excused Absences
a. Philip Bryson, City of Kenai
*8. Minutes
a. April 11, 2011 Plat Committee Minutes
b. April 11, 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. Vacate Jana Avenue (renamed to Desmidt Avenue per street name
Resolution 2004 -02), a 60 -foot right -of -way adjacent to and dividing Tracts 1
and 2, and vacate a 50 -foot temporary turnaround located at the east end of
Jana Avenue, dedicated by Chugiak Acres (Plat KN 77 -197); and vacate the
10 -foot utility easement along the north boundary of Tract 2; all located within
Section 2, Township 5 North, Range 9 West, Seward Meridian, Alaska; and
within the Kenai Peninsula Borough. KPB File 2011 -011. Petitioners: Susan
C. Kent and Clay R. Sullivan of Soldotna, Alaska. Location: North of
Robinson Loop in Sterling
2. Public notice is hereby given that public hearings will be held to name private
access roads to facilitate the Enhanced 911 Street Naming and Addressing
Methods within the KPB. The private roads under consideration at this
meeting are described as follows:
a. Unnamed private road that cuts through KN 0820045 McGahan
Ridge Subdivision; T 8N R 11W SECTION 32, Seward Meridian; off
33
3
of the Kenai Spur Hwy in the community of Nikiski; ESN 501;
REASON FOR NAMING: To officially enter into the MSAG;
PROPOSED NAME: Elevation Dr
b. Unnamed private road (aka Stefun TO commencing on Alaska State
DNR property and continuing through privately owned property; T 5S
R 12W SECTIONS 29 30, Seward Meridian; off of Pau Hana Ln in
the Fritz Creek community; ESN 202; REASON FOR NAMING: To
officially enter into the MSAG; PROPOSED NAME: Yonder Rd
3. Resolution 2011 -08 Resolution 2011 -09; Applications have been received for
a conditional land use permit and the modification of an existing conditional
land use permit in the Ciechanski Road area. The project under consideration
is described as follows: APPLICANT: Best Transit Mix 11 LANDOWNER:
Bradley Susan Phillips. LOCATION: KPB Tax Parcel: 055 -03 -155; 9.2
acres; T5N R11W S23 SM; KN PW S318' OF E1260' OF SE114 NW114
LYING N F CIECHANSKI RD PER PW RES 96 -16 REC @487170. KPB Tax
Parcel: 055 -03 -156; 29.3 acres; T5N R11W S23 SM; KN PW PTN OF
SE114 NW114 LYING N OF CIECHANSKI RD EXCL S318' OF E1260' PER
PW RES 96 -16 REC @487170
4. Ordinance 2011 -07; An ordinance reducing the number of Kenai Peninsula
Borough Planning Commissioners from 13 to 11.
5. Ordinance 2011 -12, An ordinance amending KPB 21.18.025 to add
additional water bodies subject to Anadromous Stream Habitat Protection.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING None
SPECIAL CONSIDERATIONS
1. Time Extension: DeGarmo Subdivision No. 2
Section Line Easement Vacation
KPB File 2011 -037 [Seabright /Yourkowski, Griffin]
Location: City of Homer
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 5 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
34
4
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
May 3, 2011
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
May 4, 2011
6:00 p.m.
Hope Sunrise
e
Soc opHall
al
May 5, 2011
7:00 p.m.
NO ACTION REQUIRED
1. Kenai Planning Zoning Commission Minutes
March 23, 2011
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, May 9,
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
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: planning( borough.kenai.ak.us
web site: www. borough .kenai.ak.us /nlanninodept
35
5
MEMBERS:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2012
JoAnne Collins
Anchor Point 1 Ninilchik
Term Expires 2013
Harry Lockwood
Ridgeway
Term Expires 2013
Robert Ruffner
Kasilof 1 Clam Gulch
Term Expires 2012
ALTERNATES:
Mari Anne Gross
Southwest Borough
Term Expires 2011
Sandra Holsten
East Peninsula
Term Expires 2013
Lisa Parker
City of Soldotna
Term Expires 2011
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. April 25, 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. April 11, 2011 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Eagle View Sub Pisel Addition
KPB File 2011 -033 [Imhoff Pisel]
Location: City of Horner
2. Fireweed Meadows No. 4
KPB File 2011 -034 [Imhoff /Kyllonen]
Location: On School Avenue in Anchor Point
Anchor Point APC
3. Dufour Sub O'Malley Addition
KPB File 2011 -036 [Imhoff /O'Malley]
Location: On East End Road in Homer
K -Bay APC
4. DeGarmo Sub No. 2
Section Line Easement Vacation Plat
KPB File 2011 -037 [Seabright /Yourkowski, Griffin]
Location: City of Homer
5. Graham Miller Sub No. 2
(Postponed from March 14, 2011 Meeting)
KPB File 2011 -016 [Johnson /Graham, Miller]
Location: Hope area
Hope APC
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
36
G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, May 9, 2011 in
the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144
North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907 -714 -2215
Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215
Fax: 907 714 -2378
e -mail address: planningaborough.kenai.ak.us
web site: www. borough .kenai.ak.us /oIanningdept
37
2
iCEHAIALASKA
MEMO:
TO:
FROM:
DATE:
SUBJECT:
Krista Stearns, City Attorney
1/ti/aye with a Past, C
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 A
Telephone: 907 -283 -75351 FAX: 907- 283 -3014 1 1111
1992
Marilyn Kebschull, Planning Administration- :O_.
April 20, 2011
Outdoor Wood Burning Boilers (OWBs)
1
with a Futptre"
At the direction of Council, the Planning Zoning Commission has been holding work
sessions to discuss if the City should consider an ordinance regulating OWB's in the
City. The Commission decided that an ordinance should be considered and requests
your assistance drafting the ordinance. Attached is a memo from Planning Assistant
Nancy Carver who worked with the Commission during the work sessions. The memo
outlines the guidelines the Commission would like included in the ordinance. If you
would like to meet with Ms. Carver and me to discuss this further or if additional
information is needed, let me know. Your assistance is appreciated.
cc: Rick Koch, City Manager
Planning Zoning Commission
Attachment: N. Carver memo dated 4/15/11
39
KENAI ALASKA
MEMO:
Village with a Past, Gi with a Festive I/
210 Fidalgo Avenue, Kenai, Alaska 9961 1 -7794
Telephone: 907 283 -75351 FAX: 907 283 -3014 1 1111 7
1992
TO: Marilyn Kebschull, Planning Administration
FROM: Nancy Carver, Planning Assistant
DATE: April 15, 2010
SUBJECT: Outdoor Woodburning Boilers (OWBs) Regulation
At their meeting on April 13, 2011, the Planning and Zoning Commission proposed the
following recommendations for consideration when drafting the regulation for Outdoor
Woodburning Boilers (OWB) and asked that the City Attorney draft an amendment.
Definition:
"Outdoor hydronic heaters (OWBs) means a fuel burning device designed to (1)
burn wood or other approved solid fuels; (2) that the manufacturer specifies for
outdoor installation or installation in structures not normally occupied by humans
(e.g., garages); and (3) heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically water or a
water /antifreeze mixture."
Clean Wood "means wood that has no paint, stains, or other types of coatings,
and wood that has not been treated with, including but not limited to copper
chromium arsenate, creosote, or pentachlorophenol. "(Seasoned cord wood).
Clean Fuel "Only those listed fuels recommended by the manufacturer of your
unit. Never use the following: trash, plastic, gasoline, rubber, haphtha,
household garbage, material treated with petroleum products (particle board,
railroad ties and pressured treated wood), leaves, paper products, and
cardboard.
Minimum Lot size 40,000 sq. ft.
Zones It is recommended OWBs be prohibited in high density residential and
1 NESCAUM Model Regulation for Outdoor Hydronic Heaters
2 HPBA Outdoor Wood Furnace Best Burn Practices
40
Ordinance No.
P &Z Recommended Amendments
Page 2
commercial zones (RS, RS 1, RS2, RU, TSH, CC, CG, ED, CMU, LC). Based on
the minimum lot size, recommend to permit only in C R, RR, RR1 Industrial
zones.
o Conditional Use Permit A Conditional Use Permit could be applied for in
the Education zone (E) only if all the minimum requirements are met.
o Permitted in the Conservation. Zone as provided for in the Land Use Table
footnote #18 for privately held property.
Stack Height If located within 100 feet to any structure not served by the
furnace, it is recommended that the stack be at least 2 feet higher than the peak
of structure not served by the furnace.
o If more than 200 feet to any structure not served by the furnace, you
would not have to meet the 2 foot stack height.
Setback Distances Required:
O 40 ft. minimum from structure being served.
O 85 ft. from all property lines.
Building Permit will be required and must meet minimum specifications including:
o Placed on manufacturer's recommended approved foundation.
In manufacture does not provide requirement, must meet criteria
set by Building code.
o Commercially designed built.
o Homemade units are NOT allowed.
3 As provided for in the Land Use Table footnote #18 "Conditional Use allowed only on privately held
property. Not allowed on government lands."
41