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HomeMy WebLinkAbout2011-05-25 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences ➢ Commissioner Romain *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. *May 11, 2011 .................................................................................... ..............................1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -17 — Preliminary Plat — Killen Estates Richmond Addition — A resubdivision of Tract 2 & 3 Killen Estates Addition No. 1. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska . ...................................................... ..............................7 b. PZ11 -18 — Preliminary Plat — Holland Spur Highway Subdivision — A resubdivision Deed Parcel KN Book 38, Page 207. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska ............................................................... ............................... l l c. PZ11 -19 — Preliminary Plat — Townsite of Kenai — Kenaitze Addition — A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1 /2, Sec. 6, T5N, R1 1W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska................................................................................................ .............................15 d. PZ 11 -20 — Preliminary Plat — Silver Pines Part 2 — A replat of Tract A, Silver Pines Part 1 (KRD 85 -209) located in the NW 1/4 Section 31. T6N, R1 1W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska ..................... .............................21 5. PUBLIC HEARINGS: a. PZ11 -14 — An application for an Encroachment Permit for a 5 -foot rear yard setback encroachment for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. .27 b. PZ11 -15 — An application for a Variance Permit for a 2 -foot front yard setback variance for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska ................ 35 Agenda May 25, 2011 Page 2 c. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290 . .......................................................................... .............................45 d. PZ11 -21 — An application for a Conditional Use Permit for subsurface extraction of natural resources for the property described as A portion of T 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, & 26 & WI/2 & WI/2 WI/2 SE1 /4 of Section 24 & W1 /2 & W1 /2 E1 /2 of Section 25 & N1 /2 & SW1 /4 & N1 /2 SE1 /4 of Section 27 (No address. Property is accessed via Highbush Lane and a section line easement.) Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas . .................................................... .............................65 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council ....................................................................................... .............................89 b. Borough Planning .............................................................................. .............................93 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. PZ11 -11 — Landscape /Site Plan — Alaska State Land Survey 76 -118 ADL 72801 T6NR11W Section 36 (420 Shotgun Drive). Application submitted by Hattenburg Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai ..................... 99 b. PZ11 -12 — Landscape /Site Plan — Facility Site — T5N11W Section 4 Seward Meridian KN SE1 /4 SE1 /4 (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska ...................107 c. PZ11 -13 — Landscape /Site Plan — Well Pad — Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska ...... ............................... ............................123 d. Memo to Attorney Stearns dated 5/6/11 regarding Board of Adjustment — Disque. Status................................................................................................ .............................13 9 e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access Road. Dock repair . ...................................................................... ............................... 149 12. NEXT MEETING ATTENDANCE NOTIFICATION: June 8, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. 'April 27, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. Discussion/Set public hearing. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 1 Agenda May 11, 2011 10. PERSONS PRESENT NOT SCHEDULED: {3 Minutes} 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 2S, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 2 Page 2 CITY OF KENAI PLANNING & ZONING COMMISSION MAY 11, 2011 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: K. Koester, K. Rogers, T. Navarre, J. Twait, P. Bryson, S. Romain, H. Knackstedt None City Planner M. Kebschull, Council Member T. Bookey, Deputy City Clerk C. Hall Commissioner Romain MOVED to approve the agenda with the clerical change to Item 12 -a from May 11, 2011 to May 25, 2011 and Commissioner Knackstedt SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. 3 VOTE: There were no objections. SO ORDERED. 1 -e. *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 -- April 27, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS -- None ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion/Set Public Hearing -- PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC 14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. City Planner Kebschull reviewed the memorandum which was included in the packet, noting the resolution would remove all reference to dollar amounts from the Code and set them into a fee schedule, and requested a public hearing at the next meeting. MOTION: Commissioner Navarre MOVED to set a public hearing for May 25, 2011 and Commissioner Rogers SECONDED the motion. VOTE: PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 2 12 Koester YES Rogers YES Navarre YES Twait YES Bryson YES Romain YES Knackstedt YES MOTION PASSED UNANIMOUSLY. ITEM S: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Bookey reviewed the action agenda of the May 4, 2011 City Council meeting which was included in the packet. He also reviewed discussions held at the May 9, 2011 budget work session and the May 10, 2011 commission/ committee work session. Koester inquired if consideration was given to consolidating commissions. Bookey reported it was considered to consolidate Harbor Commission and the Parks and Recreation Commission, but was decided to keep them separate for the time being. Navarre reported he had attended the May 10, 2011 commission/ committee work session and noted reviewing of the capital improvement lists by the Planning and Zoning Commission would be removed from their duties. 9 -b. Borough Planning -- Commissioner Bryson reviewed the May 9, 2011 action agenda items of the Borough Planning and Zoning Commission which was included in the packet. 9 -c. Administration -- City Planner Kebschull gave an update on the Comprehensive Plan project; reported there would be a work session on June 8, 2011 at 6:00 p.m. on land use, and a collaborative planning session with business owners on June 8, 2011 from 8 - 10 a.m. at the Kenai Senior Center; and, noted the May 25, 2011 meeting agenda would be full. ITEM 10: PERSONS PRESENT NOT SCHEDULED Carroll Murphy, 270 Eisenhower -- Spoke in favor of the Turin Cities Raceway. Franz Plagge, 4383 Beaver Loop Road -- Spoke against the conditional use permit for Twin Cities Raceway, citing concern with noise and water pollution. Kristine Schmidt, 513 Ash Avenue -- Noted Resolution No. PZ11 -16 should have more information versus less and did not believe subparagraph (h) should be deleted from Section 6 in KMC 14.20.185. Schmidt also suggested a second collaborative planning meeting with business owners on an evening or weekend to accommodate more people. Schmidt reported she did not believe the notification limit of 300 feet was enough for some activities and suggested high impact activities have more notification. PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 3 5 Kebschull reported notice would be expanded for the Raceway. ITEM 11: INFORMATION ITEMS .._ None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 25, 2011 No commissioners requested an excused absence. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre reported he would like Council Member Bookey to notify the City Council that land use was being considered first in the Comprehensive Plan process. All other Commissioners agreed. ITEM 14: ADJOURNMENT MOTION: Commissioner Knackstedt MOVED to adjourn and Commissioner Navarre SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:46 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 4 0 STAFF REPORT To: Planning & Zoning Commission Date: May 3, 2011 GENERAL INFORMATION Applicant: McLane Consulting, Inc. 283 -4218 P.O. Box 468 Soldotna, AK 99669 Res: PZ11 -17 Requested Action: Preliminary Subdivision Plat — Killen Estates Richmond Addition Legal Description: A resubdivision of Tracts 2 & 3 Killen Estates Addition No. 1 (KN 1470) Street Address: 729 & 733 McKinley Street KPB Parcel No.; 04321003 & 04321004 Existing Zoning: RR — Rural Residential Current Land Use: Vacant & Residential Land Use Plan: Neighborhood Residential ANALYSIS This plat combines two lots into one larger lot containing approximately 4.784 acres. The property is located in the Rural Residential zone. The minimum lot size in the zone is 20,000 square feet. The new lot exceeds the minimum lot size for the zone. The properties are located at the end of McKinley Avenue. This portion of McKinley Avenue is not maintained. There is a house being constructed on existing Tract 2. In 2010, to obtain the building permit for Tract 2, the owner built a single - family driveway. Single - family driveways are built to provide developed access to properties and consist of construction of a half street. The parcel is served by onsite water and sewer, An installation agreement is not required. Because the subdivision increases the lot size, an encroachment is not created by the subdivision. RECOMMENDATIONS This is a simple plat that combines two properties into one large parcel. The resulting parcel meets all requirements for the Rural Residential zone. The property is served with onsite utilities. This portion of McKinley Street is not maintained; however, a single - family driveway provides developed access to the subdivision. An installation agreement is not required. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ 11 -17 2. Preliminary Plat 7 it 1" CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -17 eke ci�'0/ SUBDIVISION 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 KILLEN ESTATES RICHMOND ADDITION was referred to the City of Kenai Planning and Zoning Commission on Maya 2,_ 011 and received from MCLANE CONSULTING, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 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 KILLEN ESTATES RICHMOND ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25, 2011. CHAIRPERSON: ATTEST: 0 0 'kec #; 2 30 aims hour •r rr iw 9 28 27 BASIS OF BEARING KN 1470 ' /`is` _ 899'58'30'E 2537AR (253710') 121aA5 $ 12,yp,90' (1s2ueal ` REDOUBT AVENUE 10O' R/YV � � � � F 3a Tract 16A 5 4 3 Tract A KN 73 -24 Lot O iaY'.iii nvEn 9 v 10 Lot IS ILot 1C I Lot 1E 0 Tract 16 -''o e tp U — KN 2009 -7 ti I o VICINITY MAP � Scalia 1' = 1 Moe w Deed of Record Fc m- Tmct 2 W Tract 17 �J g NOTES TRACT ZA $ z — 4. 784 AC. '— � � � — 1) Water supply all sewage disposal systems N shall be permitted any in conformance with A £� applicable requirements of 18 AAC 72 and 18 Farmer Troll 3 AAC 80. Tract 18 j UnsubdiVded - 8 2) No pemranentsbucdee 3mfl be #J{ constructed or placed within an easement — which would interfere with the abift or a u0lity N a9.59aC E ye MG5r L1 to a the easement NORTH - - - -- 3) Development is subject to the City of Kenai Unsubdividear TWe 14 Zening Cede, Plans for wastewater disposal that meet regulatory requirements are on file at the Department of Environmental Conservation. M. Scott McLane LS. 482a AK Dote �t LURK y Found primary mrwty maeummt as indicated D F"d 5/8- mbar ( ) KN 1470 Record data SCALE 1 z� FEET LINE TABLE LINE LENGTH I REARING Lij 3o= I N &Y$W E E NOTARYS ACKNOWLEDGEMENT FOR: Subsoibad and a bafora ma this day of . 2011. My commission expires Notary o a I hereby certify that I an the oener of the red proparty ahoem and described hereon and that I hereby adopt this plan of srbdl`iaion and by my free con—t dedicate ail rights- of-way and public areoe to pubic use and grant all easements to the use ahem. W81am C. Richmond +r _ �� REC Izsr r y~' 1 AI aoe. m — ♦ g r scorn I1dA1�= I� � eadn -s hed� ,,111tt�o"''�► R /CHAlONO AD0IT/ON A Resubdiviision of Kilian Estates Addn. No. 1 (KN 1470) Tract 2 & 3 WWcm C. Mchmc"d P.O. Bon 3152 Kenai, AK 99611 _ LOCATIDN PLAT APPROVAL 4.784 ACRES MA SI7UA7ED WHIN 7HE NW 1/4 Nw 1/4 SECRON 31 T. 6 N- R. 11 W S.M_ AK, THE CFrY OF This plot was approved by the KENAI PENINSULA BOROUGH PLANNING COMMISSION KENIM. KENAI RECORDING DISTRICT AND THE KENAI PENINSULA BOROUGH. vcNrrawc.rrsnNC at the meetip of sumE.maaePPno PA.efbi�te ® rve Sres na. acs � - 2011. KENAI PENINSULA BOROUGH by r1 Mrn' Car lt4r` Pva.� r No. 1 ].Doe aw.s �•� r ... +sac �Ne.. osa a..+..rv: .ate Authorized Oi8Na1 ■ l/J STAFF REPORT To: Planning & Zoning Commission Date: May 6, 2011 Res: PZ11 -18 GENERAL INFORMATION Applicant: McLane Consulting, Inc. 283 -4218 P.O. Box 468 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat — Holland Spur Highway Subdivision Legal Description: A resubdivision Deed Parcel KN Book 38 Page 207 Street Address: 7344 Kenai Spur Highway KPB Parcel No.: 04103013 Existing Zoning: RR — Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS This plat creates two lots from one large lot. Tract 1 contains approximately 5.282 acres and Tract 2 contains approximately 6.556 acres, The property is located in the Rural Residential zone. The minimum lot size in the zone is 20,000 square feet. The new lot exceeds the minimum lot size for the zone. Property is accessed from the Kenai Spur Highway. The plat shows an approach to Tract 2. Access must be developed with permitting through State of Alaska, Department of Transportation. The parcels will be served by onsite water and sewer. An installation agreement is not required. RECOMMENDATIONS This is a simple plat that creates two properties from one large parcel. The resulting parcels meet all requirements for the Rural Residential zone. The properties will be served with onsite utilities. Property is accessed from the Kenai Spur Highway and any access must be developed with permission of State of Alaska, Department of Transportation. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11 -18 2. Preliminary Plat 11 the crtvof CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -18 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat HOLLAND SPUR HIGHWAY SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on May 6, 2011 and received from MCLANE CONSULTING, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not 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 HOLLAND SPUR HIGHWAY SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25, 2011. CHAIRPERSON: ATTEST: 12 CA) i- sss I Fa $}' tlantlotl brava ejI cap altodwG � I to roylatlan Peat I WI g I O z� I DELTA TANGENT CHORD m Cl H Imm J I9es Pc 1990 148.W nxl I dun Q 973.41 2960.79 1SW7 491,4 9W73 S78"SW E C3 513ABI 193i50 Sal 2i• al- ew dam c ,/. ..'OdmNUOfn4e M �c ;as � �eo-n 4x25 -s $' mil � CURVE TABLE CURVE I UENCTH I RADIUS I DELTA TANGENT CHORD CHORD OEkFMM Cl 147,71 Imm 4'1531" 75.99 148.W S875TWE Q 973.41 2960.79 1SW7 491,4 9W73 S78"SW E C3 513ABI 193i50 16't2's" 25918 $11,99 S7a"t13rE LINE TABLE LINE LENGTH I BEARING L1 9915 N16"48Y0•E UNSUBDIWOED Arav SW]vcl b Inudolkn� 131727 /- T/7-07 7 °I6 5 'il` �" en Lss,oz P19,HC Facilities. 5.252 AC p0 sr,syae :a xaA . 'T.4ACT 2 l Ana drat w wumtlw ^ 5 }The Kenai Spur Highway right ofwBy was detemllnetl from 117a.7a �3 "E •4 °r` f - E! &.556 AC. Dre StaleorAlvka DWatmentofTras. ftbonand PLbk Facilities Mot of Way Map for Alaska Pmjed No, F- = -1(6) ZMW 9M ti Shoots 16 &17 of 23 KN 2007 -7 al td the Project C9randire KENA! SPUR HIGHWAY 300',71W Appa monuments mouremd and shown hereon. A Resubdivision Deed Parcel KN Book 3l3 Page 207 30 29 .wR'r GwtallY�lp Fort 31 mo-s a1N5 1/259 .Cap pC F � W dim. TwM 2>" 28 27 xDr•u arY uwn 26 atlodwtl 5ffi I SSe 19TI - THIS SUED. This plot wos approxtl by the KENAI KENAN KENAI RECORDING DISTRICT AND THE KENAI ! I 3 NORTH EwPIV3Era0G1ES141G � 3, 32 s3 3a 3.g sad +w c:,a r „4 No. 2011.1 T6N LS5�7 T5N1 6 5 xw: 4 3 2 �� KENAI PENNS,ILA SOROUGH by H1r1cc.�0 VwsdVlee www4daa awoACrr Ho. n+soo fir" aMxn up R ••��zo� ., .. 9fYE8 1S o .w. as V aNITY MAP Scala 1" >y t Mlle 2 T)WatersuPWy and sewage disposal systems shad; be applicable requirements of a 0 iB�A� aWi i6AA��whil W 2 2) No permanent structure shall be oan3bueted or placed within m an easement which would interfere WBh the ally of a utility to 4 ¢ use the easesrerlL 0 3} DevelOPmerd is subyect to the City of Kenai Tide 14,ZONN S �t _ Cr ,� �. Egabae. wp 4) Na direUaccess � spate maintained ROWS permitted unless approved by State of Alaska aepaibmenl of T,ansporlation and Arav SW]vcl b Inudolkn� 131727 /- T/7-07 7 °I6 5 'il` �" en Lss,oz P19,HC Facilities. 5.252 AC p0 sr,syae :a xaA . 'T.4ACT 2 l Ana drat w wumtlw ^ 5 }The Kenai Spur Highway right ofwBy was detemllnetl from 117a.7a �3 "E •4 °r` f - E! &.556 AC. Dre StaleorAlvka DWatmentofTras. ftbonand PLbk Facilities Mot of Way Map for Alaska Pmjed No, F- = -1(6) ZMW 9M ti Shoots 16 &17 of 23 KN 2007 -7 al td the Project C9randire KENA! SPUR HIGHWAY 300',71W Appa monuments mouremd and shown hereon. WASTEWATER DISPOSAL These tcocfs are at laast 200,000 square feet or nominal 5 sera in sine and conditions may not be suitable far onsite wastewater treatment and disposal. Any wastewater treatment ar disposal system must meet the ragulotary requirements of the Alaska Deportment of EnArwlm -, Ganssvotian. Fd leENE) Faurw primary savvy monument a$ indreated G Set 5/8' x 30' rebar with Y alum. cop 4928 -•S SCALE TFEET FOR: Subscribed and swan before me the day of , 2011. My commission expires Notary PubJI. Ior the e a Ska CERTIFICATE OF OWNERSHIP AND DEDICATION I hereby earthy that I am the owner of the real property Shown and desa]bed hereon and that i hereby adept this plan f subdi,Wm and by my free consent dedicate OR rights- of-way and public areas to pudic use and grant all emements to the use shown. Jerry Noland ��P,�,OF,A�,aS6y, REC Msr. y49 �A{ . ..... ..............................� aWiiMad a! I'rd ..p. scorn Mr1.A+IF.: A Resubdivision Deed Parcel KN Book 3l3 Page 207 \ .wR'r GwtallY�lp Fort 31 mo-s a1N5 1/259 .Cap pC F � W dim. TwM 2>" 61016 Sall 3s9 NOTARYS ACKNOWLEDGEMENT atlodwtl 5ffi I SSe 19TI WASTEWATER DISPOSAL These tcocfs are at laast 200,000 square feet or nominal 5 sera in sine and conditions may not be suitable far onsite wastewater treatment and disposal. Any wastewater treatment ar disposal system must meet the ragulotary requirements of the Alaska Deportment of EnArwlm -, Ganssvotian. Fd leENE) Faurw primary savvy monument a$ indreated G Set 5/8' x 30' rebar with Y alum. cop 4928 -•S SCALE TFEET FOR: Subscribed and swan before me the day of , 2011. My commission expires Notary PubJI. Ior the e a Ska CERTIFICATE OF OWNERSHIP AND DEDICATION I hereby earthy that I am the owner of the real property Shown and desa]bed hereon and that i hereby adept this plan f subdi,Wm and by my free consent dedicate OR rights- of-way and public areas to pudic use and grant all emements to the use shown. Jerry Noland ��P,�,OF,A�,aS6y, REC Msr. y49 �A{ . ..... ..............................� aWiiMad a! I'rd ..p. scorn Mr1.A+IF.: A Resubdivision Deed Parcel KN Book 3l3 Page 207 Jerry Holland p,0. 8ox 2289 Sdeatno, Alt. 996„ LOCA770N PLAT APPROVAL 11.8.38 ACRES M/L SYUATED WITHIN THE S} S7x Sir NEI SECTION 35 T. 6 N., R. ,T W., &M. AK-, THE CITY OF This plot wos approxtl by the KENAI KENAN KENAI RECORDING DISTRICT AND THE KENAI PENINSLRA SOROUCJi PLANNING COMMISSION PENINSt1LA 80R000H. at the meetiag of EwPIV3Era0G1ES141G sad +w c:,a r „4 No. 2011.1 FwC KENAI PENNS,ILA SOROUGH by H1r1cc.�0 VwsdVlee www4daa awoACrr Ho. n+soo Aethakad Offkiol ° R ••��zo� m...a. -ao-rp o .w. as STAFF REPORT To: Planning & Zoning Commission Date: May 9, 2011 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 262 -5573 43335 K-B each Road, Suite 10 Soldotna, AK 99669 y� Res: PZ11 -19 Requested Action: Preliminary Subdivision Plat — Townsite of Kenai --- Kenaitze Addition Subdivision Legal Description: A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1 /2, Sec. 6, T5N, R1 1W, SM Street Address /KPB Parcel No: Street Address KPB Parcel No. 507 Overland Avenue 04707106 505 Overland Avenue 04707105 503 Overland Avenue 04707104 501 Overland Avenue 04707103 499 Overland Avenue 04707102 1008 Overland Way 04707115 1009 Overland Way 04707113 1007 Overland Way 04707114 1005 Overland Way 04707125 1003 Overland Way 04707124 1001 Overland Wa 04707123 1008 Mission Avenue 04707110 None 04707111 1006 Mission Avenue 04707112 1004 Mission Avenue 04707119 1002 Mission Avenue 04707120 514 U land Street 04707122 510 Upland Street 04707129 508 Upland Street 04707128 506 Upland Street 04707116 15 1119 Comments.doc Page 2 Existing Zoning: TSH --- Townsite Historic Current Land Use: Vacant/Mixed Use Land Use Plan: Mixed Use — Townsite Historic ANALYSIS This plat combines multiple lots to create three larger parcels; Lot 4A containing approximately 18,084 square feet, Tract A containing approximately 3.941 acres, and Lot 16A containing approximately 29,650 square feet. Plat also vacates Overland Way and an unnamed alleyway. A utility easement is dedicated from Upland Street along Overland Way to the corner of Lot 22 -A -1. The properties are Iocated in the Townsite Historic zone. The resulting parcels meet the minimum development requirements for the zone. All streets are dedicated and developed. The subdivision is served by City water and sewer. The vacation of Overland Way off Overland Avenue to the planned utility easement will require abandoning a water main and may require providing an alternate water service to the structure located on Lot 4A. An installation agreement is not required unless the owners want to record the plat prior to abandoning the water main off Overland Avenue. RECOMMENDATIONS This plat combines several parcels to create larger parcels and vacates two alleyways. The vacations will require dedication of a utility easement and abandonment of existing water main. There are also underground gas services located in the alleys which will require concurrence with Enstar for the vacation and relocation or abandonment of these gas lines. The subdivision is located in the Townsite Historic zone and meets all development criteria for the zone. The properties will be served with onsite utilities. Streets in the area (Overland Avenue, Mission Avenue, and Upland Street) are developed. An installation agreement is not required unless the owner wants to proceed with recording the plat prior to abandoning the water main off Overland Avenue. Recommend approval with the following contingencies: 1. Vacations must receive concurrence from other utility companies. 2. Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. ATTACHMENTS: 1. Resolution No. PZ11 -19 2. Preliminary Plat 16 i CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -19 ttieuyo� SUBDIVISION PLAT 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 TOWNSITE OF KENAI KENAITZE ADDITION SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on April 27, 2011 and received from INTEGRITY SURVEYS, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: Plat area is zoned TSH — TOWNSITE HISTORIC 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. Vacations must receive concurrence from other utility companies. b. Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES HOLLAND SPUR HIGHWAY SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25 2011. CHAIRPERSON: 111 W_II_*2 n 17 Q�o / ore ' Lot 4A MAN eq k �t Tract A \ ®az _. k Lot 16A 99,650 +4 R 1� 9@1 l Ira d _— Highland Ave. W WOW ' \ Hobe V@ \ �f \ Lot 22-A-1 \ \ Deli A I LEGEND: '< E�pQ eq �p. Beae. ov Blll 3 -11Y s CW " ILLo4 � \ 0 MaM.,WM i,aa�D) YamimeM (eeU I BOCia 9 , O Sir Kne•r 0-4 ,DAB Ave "" • S/C R-b- (.0 957 �OOk� ,1ee�.�wn (mom MaxmsN (Amod) K•M °gy � Lot 19A y� x is N I A. VICINITY .5 . MAP CERTIFICATE of OWNERSHIP and DEDICATION i totmy cwa W7 1 an E D1111ER(� CF ,IE RFAL rxopem SHM AND 0CXX m Nttelx a AKO IINT '! ALOPT TICi r1AN DF SUMM aK A" BY e y FM C*4W OCOnATe A Wfr —OF- VAT A wet,O AREAS,O P11el,G VSE AW GANIf Ali EASE,om TO ME uff SNOA I NRe,• CWI*F TpT 1 r AN EOM7T WTO= AS 00pDWm ICs ON MW OF TMf OF 7W REAL PFJWD Y S WID1 AM DLSC WM ,E UMN AM TM 7 1 NFp(bY ApDMN1LBCe THS " OF SuBGVOM NOTARYS ACKNOWLEDGMENT a D wD Lan, 1E 1.$ — pyrc 0 — =I m w Ookums9 , E;g PLAT APPROV fns PuT wAS APPROYN ar Trc iRNN LDRGUGK AAA1mw 60NUMOK AT TMC MfE11NG K IRw.➢FTA161 BCKOVGH RECORDED Rm 05E TYFr` -11 UABO TD BY: M,ILCILTT 5YRYO15 LIES ALA WA =1 161U1 ALA9(A 9961, r� ,) m ow« ba r e.e)tac ee ,m try •, KwM mnMq 2) Fl 10 R al uw EWtllrq .elDacA odpont b „deb- a,-*ay b abo o utl" e•eenient Ib R ehae9a• ehi 9• w1sa•ebd s 01�e• •NIIM a NIDt)• anent •9YJI •aWd MDnTn wLL ,Aa aDTry � • umq m unn n..n..mw. 4) ales 9Mn ae rrMena by "m eaar TOWNSITE OF KENAI KENArrzE ADOMON SUMV ISION s 2-12.15.16,18-206 9] A) o 22-A. m 13 Oro 3, Tnwa%. N aa.. uw s+A = a +aa. Ni,Tt 31A�QU' •1 nL�lCmsol DbS1oL Kwwl ionMR1• Lmn•m�. =C INTEGR)TY SURVEYS, INC. 5145 Ma�af Spa Nny Mrwi, Aldm 99611-0902 Sitl[KYp15 �R�� 9l/d99R5 �¢ 2919 Mail Tm SH YEl): t 5ry n Y - W BIO t ALL 39133 n pabr.dq CERTIFICATE OF S7RVEYOR \ , ,peDy aaLy use I an w•v�r,yp.,a.e mD \ rcase• !o p•eBw une Aq M IN SOOb W Y�o.+� «hWb a9n m, eeeeLeq eea m ab aem. •e m 9a a1M. w a elaMOb •! RoeLee •! bnA s•,•yue M \)\ 91n Rdn M Alms \ _ EASEMENT LINE TABLE T LINE SEAFDNG LENGTH \ n �r� tr F3 '•9Yw^MY" ca � FS k Lot 16A 99,650 +4 R 1� 9@1 l Ira d _— Highland Ave. W WOW ' \ Hobe V@ \ �f \ Lot 22-A-1 \ \ Deli A I LEGEND: '< E�pQ eq �p. Beae. ov Blll 3 -11Y s CW " ILLo4 � \ 0 MaM.,WM i,aa�D) YamimeM (eeU I BOCia 9 , O Sir Kne•r 0-4 ,DAB Ave "" • S/C R-b- (.0 957 �OOk� ,1ee�.�wn (mom MaxmsN (Amod) K•M °gy � Lot 19A y� x is N I A. VICINITY .5 . MAP CERTIFICATE of OWNERSHIP and DEDICATION i totmy cwa W7 1 an E D1111ER(� CF ,IE RFAL rxopem SHM AND 0CXX m Nttelx a AKO IINT '! ALOPT TICi r1AN DF SUMM aK A" BY e y FM C*4W OCOnATe A Wfr —OF- VAT A wet,O AREAS,O P11el,G VSE AW GANIf Ali EASE,om TO ME uff SNOA I NRe,• CWI*F TpT 1 r AN EOM7T WTO= AS 00pDWm ICs ON MW OF TMf OF 7W REAL PFJWD Y S WID1 AM DLSC WM ,E UMN AM TM 7 1 NFp(bY ApDMN1LBCe THS " OF SuBGVOM NOTARYS ACKNOWLEDGMENT a D wD Lan, 1E 1.$ — pyrc 0 — =I m w Ookums9 , E;g PLAT APPROV fns PuT wAS APPROYN ar Trc iRNN LDRGUGK AAA1mw 60NUMOK AT TMC MfE11NG K IRw.➢FTA161 BCKOVGH RECORDED Rm 05E TYFr` -11 UABO TD BY: M,ILCILTT 5YRYO15 LIES ALA WA =1 161U1 ALA9(A 9961, r� ,) m ow« ba r e.e)tac ee ,m try •, KwM mnMq 2) Fl 10 R al uw EWtllrq .elDacA odpont b „deb- a,-*ay b abo o utl" e•eenient Ib R ehae9a• ehi 9• w1sa•ebd s 01�e• •NIIM a NIDt)• anent •9YJI •aWd MDnTn wLL ,Aa aDTry � • umq m unn n..n..mw. 4) ales 9Mn ae rrMena by "m eaar TOWNSITE OF KENAI KENArrzE ADOMON SUMV ISION s 2-12.15.16,18-206 9] A) o 22-A. m 13 Oro 3, Tnwa%. N aa.. uw s+A = a +aa. Ni,Tt 31A�QU' •1 nL�lCmsol DbS1oL Kwwl ionMR1• Lmn•m�. =C INTEGR)TY SURVEYS, INC. 5145 Ma�af Spa Nny Mrwi, Aldm 99611-0902 Sitl[KYp15 �R�� 9l/d99R5 �¢ 2919 Mail Tm SH YEl): t 5ry n Y - W BIO t ALL 39133 n pabr.dq _ CERTIFICATE OF SURVEYOR KOM PnaaeE 1 �h 1Mt 1 an P'WeaY +Wle[ava aN R:�� W s -' .. a maw mY dYaoe w�arytran, Na aaaaaaaea ••••gy�swA5l�":' _ _ ✓ mem trecn ac9uaAy aeiNt ae awal6ea. aM eA § � ",'r:`... '' ;n; .a .taaao �o��arxINu a rtwron to • '*�-�1�"..- �`��y;� •r $ s) �twa aw+dr far Ud] Wakct ,rm tia..e on an o �+ was 2 swy e�aa.o it ae mmaaata ayafam aad aotum. it,a N i f°the t &V W4 ae/` <F�la Nat +rere�� N xl iha oantoan enom aro of a i. rowt Mss.m. 'd .m w NyK: v Mini � Na 5�,ry" F • � / X .w Y/ 03 In U le ell O c0 n •— �g �;;av_: v�. .. ..�r� •,,x?i3� � y � \ p to s �h<�;�•'zF � . • ..?.si:,�;'+ �M ' � tu�wc�'.. Q1 sYIJ �]�`°(MW � 7di'tin° P C7 (q ) \ * Y' 4 ;t 'M'9 YY �� i - `P MNEGO IW 3+� @t t�1a wma•� O O \ �2_ e aK y,"'S / atn xreae arts) '"wnwzs wx s.) T O N arv.os.� �.wJ xv-ei] wJ �xo i .s �� wwaas fiat se) xwee {aur s) o m 3 � i m 3 m 3 Ob N N O d C V� 17 11) 1 m 1 < NISSEN M ADDI TR. 1 6091 Sri w STAFF REPORT ... To: Planning & Zoning Commission Date: May 9, 2011 Res: PZII -20 GENERAL INFORMATION Applicant: Kenai Properties, A General Partnership 598 -1385 PO Box 190228 Anchorage, AK 99519 Requested Action: Preliminary Subdivision Plat — Silver Pines Part 2 Legal Description: A replat of Tract A, Silver Pines Part 1 (KRD 85 -209) located in the NW IA Section 31. T6N, R11W, SM Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS 1651 Pine Avenue 04334039 RS — Suburban Residential Vacant Neighborhood Residential This plat creates two lots from one large lot. Tract A -1 contains approximately 2.398 acres and Tract A -2 contains approximately 2.735 acres. The property is located in the Suburban Residential zone. The minimum lot size in the zone is 7,200 square feet. The new lots exceed the minimum lot size for the zone. Tract A -1 is accessed from Pine Avenue, and Tract A -2 is accessed from Silver Pines Road. The parcels will be served by city water and sewer. Tract A was originally configured as Phase Two of Silver Pines. Phase Two of that subdivision would have provided for an extension of Pine Avenue through this parcel meeting the requirement of KMC 14.10.070(a), "The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public requirements." Silver Pines Road was configured as a loop intersecting with Pine Avenue. This subdivision was approved by the City but never recorded nor developed. As result of this, Pine Avenue and Silver Pines Road are non - conforming under KMC 14.10.070(d)(3), "...A dead end street shall terminate in an open space (preferably circular) having a minimum radius of fifty (50) feet. A dead end street shall not exceed one thousand (1,000) feet in length" and KMC 14.10.070(a) (see above). Because this configuration has existed since 1985 and there is already dedicated access 21 1124 Comments.doc Page 2 (Evergreen Street) to the west of this Tract, it appears reasonable for the subdivider to request an exception to these requirements. If the exception is, granted, an installation agreement would not be needed. However, if the dedication of a cul -de -sac at the end of Silver Pines Road and the extension of Pine Avenue is required, they must be developed and an installation agreement would be required. Public Works Director: Per 14.10.070(d)(3) — A dead end street shall terminate in an open space .(preferably circular) having a minimum radius of Fifty (50) feet. The Street Department needs adequate space for turning around equipment and snow storage areas. No water and sewer extension is required. Water taps will need to be installed at the side of pipe and a hydrant installed at the end of the line. Sewer tap must be installed with clean out at end of line. Development should provide drainage for melting snow and runoff as this is the low point of the street. RECOMMENDATIONS At the initial review, this appears to be a simple plat that creates two properties from one large parcel. However, because an earlier subdivision was not completed, the street configuration does not meet the City's subdivision ordinance or the Borough code. The existing configuration has existed since 1985. The proposed subdivision creates two Iarge tracts of land, each over 2 acres. The subdivision is accessed via Pine Avenue and Silver Pines Road, maintained streets. City water and sewer are available to serve the lots. It appears reasonable for the subdivider to request an exception to the City and Borough ordinance relating to dedication of the cul -de -sac and extension of Pine Avenue. The City requires construction of dedicated right-of-ways. So, if an exception is not approved, the subdivision would require an installation agreement and construction of the right -of- ways. The resulting parcels meet all requirements for the Suburban Residential zone. Recommend approval with the following requirements: 1. Request and receive an exception from KMC 14.10.070(a) and KMC 14.10.070(d)(3). 2. If an exception is not received, any dedication will require an installation agreement and construction of right -of -ways. ATTACHMENTS: 1. Resolution No. PZ11 -20 2. Preliminary Plat 22 CITY OF KENAI .,�Y, . PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -20 theaof SUBDIVISION PLAT KENAI, AtA SKA 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 SILVER PINES PART 2 was referred to the City of Kenai Planning and Zoning Commission onMay 9, 2011 and received fromKENAI PROPERTIES, A GENERAL PARTNERSHIP. WHEREAS, the City of Kenai Planning and Zoning Commission finds: I . 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 amountowed 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 exit. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Request and receive an exception from KMC 14.10.070(a) and KMC 14.10.070(d)(3). b. If an exception is not received, any dedication will require an installation agreement and construction of right -of -ways. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES SILVER PINES PART 2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25, 2011. CHAIRPERSON: ATTEST: 23 COOK Cz1-:1R INLET FT VICINITY r = ; mue MAP IV f 1 kf Box 176 Sterlirg AK. 9%'72 SCALE 1" = 100' 4 May, 2011 9 - lk- alcap. 610-S, found - 2k brass cap rwunent. 3262 -S. 1977. found. - 2h'x 30" aicop nonunent, set. • - 5/8" rebar with 1/" plastic cap. LS -6101. Found. - 1/2 "x 4' rebar with r' plastic cap. set. ( ) - Indicates record inFornation. source shown. NOTES L There is a 10' utiUty easement alo street ROVs. 2, Topography of this subdlvlslon is flat. a There are no improvements located on this property. 4. No permanent structure shalt be constructed or placed wttHn a utillty easement which would interfere with the ability of a utility to use the easement. WASTEWATER DISPOSAL These lots are to be served by L?ty linter & Sewer. Floss for wastewater dsposat that meet regUatory requiriments. are on file at the Alaska Department of Envirvriermol Conservau n Clan Gutc;h. Ak 99bbd AREA = 5.133 acres �d NV 1/16 S31 0 CD oa © b, o CU w � a� E� CU Q 0 I. Unsubd. S 89 °55'57" E 33017 Tract A -2 2735 acres N 89055'57` u 33016' Tract A -1 2-9% acres N 89°5557" ld 35015' Unsubd. p Ly AtDe We hereby certif propert y shown s an C Pt ate Qlt ROW: to the use shows Silver Pine Ave. 60' ROW o Ervin K Terr_yy 0 P.S. Box 1228 cc CU Silver Pines D art Line) 0 1z o s N � Q.. 30� Pine Ave. 60' ROW NOTARY'S A For: Ervin K. Te Subscribed and day of 00 Diary a lic � My corssion e> J.VSU,?J;Y.� e0 FNO 1/2' REBAR v /AWM. CRP K- 1470 660.55' I 66a Se 3, PROP cOR, 610-5 a m z U ,.- 120.Do- l� - 7 Z F8 p o 7204 5F m - � a We HEREBY CERTIFY THAT WE ARE THE OWNER(S) OF THE IMOV I! -! r c v a 72048 SF � m _ m NO °12'S2'W 30 IzD.DO' 120,88' :YA_.YlAT 3 0 7204 SF 0 7204 SF TRACT 'A' 5.13 AC 3 c' NO °12'S2"W & 8 60op 6600 66.00 60.00 m� 6 7 8 9 8022SF- ° "81095Fbo 61095F nn8109 SF o - S - d ^� ¢,n M 5LOCK 3 LEGEND MONUMENT CF9und Ibis surrey{ MONUMENT {Set Ibis s est • L /2" REBAR (Pound Tb1s s ey) �- 5 /6 "430'REBAR wl PLASTIC CAP (Set MIS survey) ( 1 RECORD a PONDEROSA 3Gacr � N 0 °12'32 -W SID. J 40.98' 60.00' 6000' 60.00 ! 2 3 4 8134 SF n .. 8100 SF n q 8100 SF}°, R BtD0 E (N 0° 13' 30•• W - 660.8 T5 ,S6 7.90 NORM GATE PART 3 S 29111ME 3262 S 1977 FND 2V2' BRASS - CAP Now J- DELTA ND -12'52'w Z !$ CRD BRS lzD.00' a We HEREBY CERTIFY THAT WE ARE THE OWNER(S) OF THE 3L32 I! g ADOPT THIS PLAN OF SUBDIVISION & DEDICATE ALL RIGHT-OF- ° 7zaa sF g z q,�TCQNME USE SHOW ` 20.10' rza0o' � 30 3c 120,88' :YA_.YlAT 3 �� ^ IIFI I6i�6i� IIP G'•. - I c UJ r 7 'j •I yn v SUBSCRIBED AND SWORN BEFORE ME THiS�CAY OF Ad, Z a.� LEGEND MONUMENT CF9und Ibis surrey{ MONUMENT {Set Ibis s est • L /2" REBAR (Pound Tb1s s ey) �- 5 /6 "430'REBAR wl PLASTIC CAP (Set MIS survey) ( 1 RECORD a PONDEROSA 3Gacr � N 0 °12'32 -W SID. J 40.98' 60.00' 6000' 60.00 ! 2 3 4 8134 SF n .. 8100 SF n q 8100 SF}°, R BtD0 E (N 0° 13' 30•• W - 660.8 T5 ,S6 7.90 NORM GATE PART 3 S 29111ME 3262 S 1977 FND 2V2' BRASS - CAP Now NO °1252 "W 660.88 _ e, 112 i ROY L WHITFORD, R.L.S. I f / REGISTRATION NO. 6101 �r�; •*1tlh"°d {� 9.9 ?i a ��afti umm r II �5'd J -IZ -J-- J- DELTA m `L' CERTIFICATE of OWNERSHIP and ^'�L1e+aa�.KC DOL TAN DEDICATION CRD BRS lob We HEREBY CERTIFY THAT WE ARE THE OWNER(S) OF THE 3L32 3 �. -.w.. PROPERTY $ROWN 8 DESCRIBED HEREON 6 THAT WE HEREBY 2822' ADOPT THIS PLAN OF SUBDIVISION & DEDICATE ALL RIGHT-OF- WAYS 8 PUBLIC AREAS TO PUBLIC USE ALL EASEMENTS 8I(1� GRANT 90° 16 55" z q,�TCQNME USE SHOW ` 20.10' ROBERT LNe"URE, DAVID J. Me CLURL, MARCIA A, McCLURE, GRANT E. Me CLURE, DEA R•' WCLURE PC, Box 2832 SAME ADDRESS SAME ADDRESS 'SAME ADDRESS SANE 480.89' 6001 1 120,88' _ c3 KENAI, AK 99869 ADDRESS ti 3 m 3O 8 12 O o a a NOTARY'S ACKNOWLEDGEMENT 10 S025SFn 90° I6'ST- yn v SUBSCRIBED AND SWORN BEFORE ME THiS�CAY OF Ad, Z a.� I2D.ee' 3 1985 FOR Ln a No°ceszw 8 13 I a ¢ 8876 SP O 2 V O T A R Y P U B L I C © / STATE OF ALASKA Z DAXUM wktjfS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES �•��e /aR Aa p' O) 100.'x' My Ca°nnki °n Eephw � 4 8 STREETISD,as R - - - PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH 60.00' sow' Caw 60.00' PLANNING COMMISSION AT THE MEETING OF 5 6 W 7 8 KENAI PENJNSULA BOROUGH 8100 SF,,R $ 8100 SF,'m° 0 8100 SFP c 5100 SF CMMCATE DY ATPRHVAL 6T THE A1A5f(A /I l VOLFFICIAL�� aDIPAW.M.W W EtiT=Nh%NTAL CONSNLVATIOx pUS7nH•ORLi�...JJJ£D !2 - Mb su5sri:6n ha hoes reel —W M e¢erd -th 4 1 ;AAC7�OS: a°dbeppm°Pd. RUfiIPC b M e---4' W6— �o QA.k rG el -rz -pS F4NAT.RS 17iLE CAE OF _� ~ Go Do' 60A0' 60.00' 6sne �5�p� •s'1,4 NO °1252 "W 660.88 _ e, 112 i ROY L WHITFORD, R.L.S. I f / REGISTRATION NO. 6101 �r�; •*1tlh"°d {� 9.9 ?i a ��afti umm r II �5'd J -IZ -J-- NOTES 17 PROPOSED LAND USES ARE GOVERNED BY LOCAL ZONING REGULATIONS. ZI ALL LOTS WITHIN THIS SUED. MUST BE SERVED BY CITY SEWER B,WATER. 31THE FRONT 10' OF THE BUILDING SETBACK $HALL BE USED AS A UTILITY EASEMENT. 41 SOURCE OF RECORD SURVEY INFORMATION IS PLAT NO. 76-:36, KRO, K -1470. SILVER PINES PART ONE A SUBDIVISION OF THE NW I/4 SE I/4 NWI/4 SEC. 31 TGN RIIW S.M., AK. WITHIN THE CITY OF KENAI, 10.02 ACRES CONTAINING 20 LOTS 8 1 TRACT DOWL /NG -RICE and Aswc/.4TE5 155 S/M/TRWAY SOLDOTNA, ALASKA 99669 ENGINEERS 262 — 9011 SURVEYORS suRYEYED, JULY 1985,W85-$ PLATTED, JULY 1985 DRAFTED, DW BfACE, I'.GO' CNECKEA RW K.HR. FILE NO. 85-190 DELTA LEN TAN CM CRD BRS 3L32 19,90 2822' r220 90° 16 55" 31, 5r' 20.10' 20,35' 5 44° 55' 35" W 89° 43'03° 3 90° I6'ST- SI,32' 20. A 2433' N qq° SS 36'� NOTES 17 PROPOSED LAND USES ARE GOVERNED BY LOCAL ZONING REGULATIONS. ZI ALL LOTS WITHIN THIS SUED. MUST BE SERVED BY CITY SEWER B,WATER. 31THE FRONT 10' OF THE BUILDING SETBACK $HALL BE USED AS A UTILITY EASEMENT. 41 SOURCE OF RECORD SURVEY INFORMATION IS PLAT NO. 76-:36, KRO, K -1470. SILVER PINES PART ONE A SUBDIVISION OF THE NW I/4 SE I/4 NWI/4 SEC. 31 TGN RIIW S.M., AK. WITHIN THE CITY OF KENAI, 10.02 ACRES CONTAINING 20 LOTS 8 1 TRACT DOWL /NG -RICE and Aswc/.4TE5 155 S/M/TRWAY SOLDOTNA, ALASKA 99669 ENGINEERS 262 — 9011 SURVEYORS suRYEYED, JULY 1985,W85-$ PLATTED, JULY 1985 DRAFTED, DW BfACE, I'.GO' CNECKEA RW K.HR. FILE NO. 85-190 ..:,.: JNSlJ3,71V °E0 �• _ {� .. w"s S 0. E •- 660.55' 1 � eNM 13 cRtY iar*a Z; rg -4�.>, _ .^r d - -- •:7 , 'S YtCIMrYY MA/ - ' r-.•a WYE AV% CERTIFICATE of OWNERSHIP and DEDICATION n '_ r?" •"�'` _ .. - _HEREHY'CERTIFY THAT THE OWNERM PROPERTY, SHOWN 8 DESCRIBED HEREON 8 THAT _ ADOPT THIS ?LAN OF SLi9U1VIS1014 9 DEDICATE ALL WAYS a PUBLIC AREAS TO PUBLIC USE 8 GRANT ALL TO THE WSE SHOWN. ° -•� r s r - - - - GRANT Mc CLURE 77 - Pa sox 2832 KENAI, AK_ 99859 7. "- NOTARY'S ACKNOWLEDGEMENT SUBSCRIBED AND SWORN BEFORE ME THIS_DAN 1985 FOR b NOTARY PUBLIC FOR ALASKA N) or MY LpA1MISSION EXPIRES j ,�.� ?o.oF7.o'►w ~"`%sue =. PLAT *APPROVAL "'r^Y"' nr_.` '* `do �Iw - r •.a ,,�. R w ,'� THIS PLA _f,)0AS,APPROVED BY THE KENAI PENINS PLANNING OMMISSION AT *HE MEETING OF 7. "Y• t ".- �`+5 r L` c `y�. ,ia ; a + XENAI .PENINSULA BOROUW -:.. ,z�, �; �,Ky..a .k r ' -�. i -rax ; � . �' ,.� •"ice'. a' .3 'y, '. .yam- '"Z2�.w" -.vit- ��,7". ; � Y� •' � Y, _ .? v�e',7n -•.- - �'tefi'• ,�;>�~.yy'�i•� '�°'� r-v -�'`" .f+• .� 1 M1'. AUTHOR>ZED OFFICIAL - -.j: »:�".r.- r - fix- _ k,�_ .r. ,�.go�; : 8' 'y* :ir,, r.'`• u.-Y .i.• D ' ` ,cam _ y."_M_... •„ ;y -°.,'. fi5. yf ti? d L P i t -' . "� -k`•.. c - -:h rti('iCco:+y� �. �r .F� f.� '�Te ,na � s;,,e h �4-' .��` '•�'�. -` � h . v 3 (N a 13 30 W 664.80 ? r - . xr z'� - ^i '` r .•.,�y �' ga �.rs -r # � F �, " 'ROY I' WHITFORO. R. REG[SfWATION NO. 6101 ;,� �;��' '' cor' rc?1 '',u. ., o ,M - •� yy � ' - r .-, I -�• .� �.�7 +�7`- i' "`'_a� ,L,, "'- ` +. r°` -�� r. �iMn+Y NsJr-� .t'.EM%• � �" c ' . �; ' a `` f -Nr 4'r1fG' 44C �,�"�� �.a �e9fTt '�.'� � ��c' �,'�_ � � � - -- - ` �� "5:.��',�•tC �, � r t., i�L N7, ' a .ti ;: "� »,ti ✓�„- SS ± -r *^F r t j v Yk„L tw . �. '•1 .. . -. - -r ' �,` DIII IIY 1%w!/ -1W wnrnrl - "'r j iy°Y.7 h ,. a ,x"'Y iED LANG USES +_ - , �_ .F • .y y 'pi M aN- U maMEy-_ "N .- ! �. :.Y 4 b, N ; r ' r'` '' -,t - :r`!F.'7: , x' ' IE ZONING REo LLAARE 7 lOeNO3]*CAL c STNta SU811. Is PLAIREO MR NT CW l RN` t 3 �ti►Ya V .•,oZit• rti..1.N7t.M. w pw _ `Isl a.S.T.: ' � ' P:'�cN . 'M C' v _ his >K r'N1L C�'4� c* nKltrw\ S VfAFER � I.s "31., G - •�. .�•' (., i". :4 � � -Yr� h :i. �1t� r °�, f~- �ri'^.sc �,. i � r s aim y. +lM+.r} "UNG RICE and AS.51 0ATES IM SJIITN WAY SOLCOTNA, ALA$KA. X9616! a. " s' :F"' F-"C ,�' ,. ,.s:r -1 ,'Y a'�r '- r -tr, � �t _ t� - r i 7.t- .r�. � -' •" ,�,2 j 1 - -R -. i ntr�vErea. P�ATM, .. 7- -c w�. �.a. rx+�• -� r � }"` � �n J �..,�'r ��- f Y� u '`'L �'. e'+ (° s. sna � <a STAFF REPORT To: Planning & Zoning Commission Date: May 2, 2411 GENERAL INFORMATION Applicant: Mark Schrag 283 -9382 312 Princess Street Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit — Rear Yard Setback Lot 3, Cinderella Subdivision 312 Princess Street 04505012 RRl — Rural Residential 1 Residential Neighborhood Residential 5a Res: PZ11 -14 General Information: This is an application for an Encroachment Permit. The structure is located on a corner lot at the corner of Princess Street and Magic Avenue. This property is located in the Rural Residential 1 zone. Required building setbacks are 25 feet front, 15 feet side, and 20 foot rear. Corner lots require two 25 -foot front setbacks. According to Kenai Peninsula Borough assessing records, this building was constructed in 1968. The structure is constructed 5 feet into the rear setback and considered non- conforming under KMC 14.20.050 (d). Non - conforming structures may continue but may not be enlarged or altered in such a way that increases the non - conformity. The applicants would like to construct an addition to the structure. Because the applicant wants to construct an addition to the residence, the encroachment permit is required. KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 27 PZ11 -14 — Comments Page 2 1. An encroachment as defined in KMC 14.20.185 (a) exists. The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement. The encroachment does not encroach into a right -of- way or utility easement. 2. The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. This is a single family dwelling which is a permitted use in the district. 3. The encroachment is not located across a platted lot line. The encroachment does not cross the lot line. Building Official: No building code issues. RECOMMENDATIONS Applicants are seeking an Encroachment Permit for the rear yard setback. The application mects the criteria required in KMC 14.20.185. This house was built in 1968. An as -built survey submitted with the application has incorrect setbacks listed (25 -foot rear, 10 -foot side). The structure encroaches 5 -feet into the 20 -foot rear yard setback. The structure is considered non - conforming under KMC 14.20.050 (d) and may continue but may not be enlarged. Applicants would like to build an addition on the structure and cannot receive a building permit without obtaining the Encroachment Permit. This house has existed for 43 years. The applicant owns the adjoining property. Approving the encroachment will not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11 -14 2. Application 3. As -built Survey M CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZII -14 tlrecuf ENCROACHMENT PERMIT KENAv SHA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Mark Schrag USE: 5 -foot Rear -_ rdEncroachment LOCATED: Lot 3 Cinderella Subdivision — 312 Princess Street (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04505012 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: Abril 25.2011 2. This request is on land zoned: RR1 Rural Residential 1 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right -of- way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. d. The encroachment is not located across a platted lot line 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: M_ay 25, 2011. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT 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, May 25, 2011. CHAIRPERSON: 29 ATTEST: V 1 1 { JA "villa 9 e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 Fax. 907- 283 -3014 VII I www.ci.kenai.ak.us 1997 APPLICATION FOR AN ENCROACHMENT PERMIT KMC 1 .20.85 Date: OWNER FETITIONER REPRESEN'T'ATIVE 01F L-Im Name: rO rA -f I y cs Name: Mailing Address: Mailing Address: 312 J1r-;Az Phone Number: 2%3 Phone Number: Fax Number: Fax Number: Email: b TO Email: i v EROPERTY'INFORMATION Property Tax ID #: P y.;Q 0 I Site Street Address: 3 1?— ! t Current Legal Description: r tC,3 3 e ! R-013 1' Encroachment Requested For: (Describe the project, and use additional sheets if necessary) q j 'pa rro,7 r �`�5 Zoning: Acreage: Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage Plans must show locations of all existing buiidinuw s„,riehts -of -wad or easements, setbacks, elevations.. and any data pertinent to the anpllication $100 Fee (plus applicable sales tax) A1iTV1012rrV TO APPLY FOR AN FNCROAC M"FNT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for an encroachment permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the encroachment. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Ilanning and Zoning Commission for administrative reasons. I understand that a site visit may be required to urocess this apoticii0on. City of Kenai Date: li 6 J`J1 Signature: 10/21/2010 30 must provW written proof of authorization Page 1 of 4 Y)'X yell' FNCRQACHMENT:DEFINIUON (KMC.14.2Q 185(a)) . "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. ANCHOACHWNT:k9) T KMC 42QJ8.: Section 14.20.185 of the Kenai Municipal code outlines regulations for an encroachment permit. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.450, nonconforming uses and which satisfy the requirements of financial institutions. YOU MUST SATISFY THE REQUIREMENTS FOR AN ENCORACHMENT PERMIT AS OUTLINED IN KMC 14.20.185 BELOW. ` ENCROACHMENT :STA41�TpARD'(KMC14.20�.85) .., _ _ __ The Planning and Zoning Commission shall establish a finding that all the conditions set forth in subsections (d)(1) through.(d)(4) of this section have been found to exist before issuing an encroachment _permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. An encroachment as defined in KMC 14)).20185 a exists• richvn� 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility Of YVIT 3.The issuance of the encroachment permit will not authorize a use which is not a principal Perin tted use in the zoning district in which the property is located; 10/21/2010 31 Page 2 of 4 1 4. The encroachment is not located across a platted lot line. CaYy�c.T LAND USE - Describe current use of property covered by this application: Surrounding property: (Describe how land adjacent to the property is currently being used) North: South: East: y V 4 VA -n)" 1� West: Jt�tI. -/ r�SJr 10/21/2010 32 Page 3 of 4 070(`p-, s .T1. r, ;1 Wrpq' 1179 W 0 i tri 0 o f-Ul b o � l,J 0 z r- --2.51 1.5' 2' w X z z� IS. SHED DETAIL- 1.= 10. © Found 5/8" Rebor ® Found 1/2" Rabat O Found 3/8" Rebor Septic Vent t) Incilcotee Record Datum (➢ Meter Pole Prepared For: REMAx 100 Trading Say Rd., Suite 6 Kenai, AK 99611 Lp vl -- 0 L9 -/I v J� MAGIC AVENUE 33' R/W rq 125,16' 10' SIDE YARD SETBACK GRAVEL' CONC. � GM PAD ory GRAVEL '6 FRAME SH E On � HOUSE N � �..._. _ .._�. ry 23.9' E SEE X0.1' "DE TAI 46.6' WWOOD i DECK c3 Z M LOT 3 pa —' n° W W -t ° 1.002 AC. ¢ r- F � t` x 10' SIDE YARD SETBACK W to � Sn `v N i� o rr1 ISW00'00 "E 126,16' - - WOOD FENCE (TYP.) LOT 2 �� ON OR NEAR PROP. LINE LOT jc OF A4 �4 ................� ® '•,M. SCOTT McLAPi ® ® ®pp' 4928 —S NO TH 1 SCALE 1) The bearings and distances shown hereon 1" ffi 30' relative to the 'Property boundaries were derived - - - -- - trom data of record, 2) This lot served by city water and eewer, AS-BUILT SURVEY I heroby eaHiry that I have ourvayed the follontnq deserlaaa properly. BLOT 3 CINDERELLA M�UB�iIiiSION LOT 1 lacoltd M Iho 1tid8L JtecadInQ pinlik Alaska, and that the Improvtmonle sltuolod Ibereon era allhrn the properly Ilnas and de not ovarlop or on" In0h on the properly lying adJyooeonl Ihnroto. lhot I no fin". emenle on the properly lying ad no ihoreto oncroach on the premises In quoetlon and that there ore no raadwoya, transenle- II olon iMas or other visible, aaaemonlo on sold properly oecept as in- dFcated horoon. salad; July 8, 1996 MWLaie Testing En cog. Survayora and plonnefe P.O. Box 908 Soldolna, AK 99889 EXaU3$0N P401f: It to the reepanolbliliy of the owner Is doieinnind Iho txrsianeo of any easeenente, covenoato or twirctlono ehlch do not appear on the roeolded sub JMalon plot. Undef no cFreum- blancea should any data hereon be 11619d for conslrucllon or for ostobllohtny boundary or fence llnob. J06 Hne_ 91311170 98- -11 -21 _e_.... FIs1d Soak P1o,_ „__....___...._4. -_ MAGIC AVE PZ11 -14 & PZ11 -15 312 Princess Street - Schrag 34 F- U) w U z a 0. Subject Property' STAFF REPORT To: Planning & Zoning Commission Date: May 3, 2011 GENERAL INFORMATION Applicant: Mark Schrag 283 -9328 312 Princess Street Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance — Front Setback — 2 Feet Lot 3, Cinderella Subdivision 312 Princess Street 04505012 RR1 -- Rural Residential 1 Residential Neighborhood Residential 15b Res: PZ11 -15 General Information: Applicants propose to build a 2 -foot addition onto the side of their residence. The proposed addition is to add square footage to an existing bathroom. The structure is located on a corner lot located at the corner of Princess Street and Magic Avenue. Corner lots require two 25 -foot front setbacks. The proposed addition would extend approximately 2 feet into the setback along Magic Avenue. This is an application for a 2 -foot front yard setback variance. This house is located in the RR1 — Rural Residential 1 zone. The as -built provided is dated 1996. The as -built is confusing and shows inaccurate setbacks (25 -foot rear, 10- foot side). Based on the as- built, the structure was built 5 -feet into the rear setback. (An Encroachment Permit is being applied for under a separate application.) The structure meets the 25 -foot front setbacks along Princess Street and Magic Avenue. if this was not a corner lot, a 15 foot side yard setback would be required and the variance would not be necessary. KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1, Special conditions or circumstances are present which are peculiar to the land or 35 11 -15 — Comments Page 2 structures involved which are not applicable to other lands or structures in the same zoning district. This house was built in 1968 without consideration for future additions. This is a corner lot which requires two front setbacks further limiting development, 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The applicants did not build the house and to add onto the bathroom requires encroaching into the 25 foot front setback. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Residential use is a permitted use in the zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. It does appear a reasonable request within the constraints of the development. 5. The granting of a variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. variance is not based on other non - conforming land or uses. Building Official: No building code issues. RECOMMENDATIONS The owners of this property would like to add a 13 -foot by 2 -foot bathroom addition. The addition will encroach 2 -feet into the front yard setback. The original structure was built in 1968 prior to the City assumption of zoning powers in 1984; however, the zoning code in 1963 listed the setbacks for the Rural Residential 1 zone as they exist today. The addition is located along Magic Avenue, a right -of -way. Granting the variance should not adversely affect the neighboring properties. The addition will not create an unsafe situation for drivers along Princess Street or Magic Avenue. Providing a variance to allow the construction appears reasonable. Recommend approval contingent upon the Commission's approval of Encroachment Permit PZ11 -14. ATTACHMENTS: 1. Resolution No. PZ11 -15 2. Application 3. Drawings 36 CITY OF KENAI - PLANNING AND ZONING COMMISSION «Ff�of RESOLUTION NO. PZ11 -15 xeMUvi sKa VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Mark SchraR LOCATED: 312 Princess Street — Lot 3, Cinderella Subdivision Street Address /Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: Aril 25 2011 2. This request is located on land zoned: RR — Rural Residential 1 3. That the applicant seeks a variance from the specified requirement of the Zoning code: 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b, The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and /or structure. e. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: _May 25, 2011, 6. Applicant must comply with all Federal, State, and local regulations. 7. Applicant must meet the following special conditions: • Encroachment Permit PZ11 -14 must be approved. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE WITH THE FOLLOWING STIPULATION: PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, May 25, 2011, CHAIRPERSON: 37 TTEST: "Villa a with a Past, C# with a Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 Fax: 907 - 283 -3014 www.d.kenai.ak.us Q- APPLICATION FOR AN VARIANCE PERMIT KMC 14.20.180 Dater I OWNER PETITIONER: REPRESENTATIVE (W Arne Name: /'r) o v' C G Name: Mailing Address: Mailing Address: Phone Number: 2a3 Phone Number: Fax Number: Fax Number: Email: V1 M6 'fa'- Email: TROPE RTY )INFORMATION Pro a Tax XD ##: a S 0 . Site Street Address: �—' f "19 Current Le al Deseri tion: 'I K IV JZ ILW Variance Requested For: (Describe the project, and use additional sheets if necessary) M q1Y1 r)v) P&'#�d�4 �0,�Ay-oom rkmoAll Zoning: Acreage Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage Plans mast show location /elevation of all existing and ro osed buildings or alterations $100 Fee (plus applicable sales tax) AU111U1{11Y 1UAYYEYNUKA VALIANCE: I hereby certify that (I am) (f have been authorized to act for) owner of the property described above and that I petition for a variance permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the variance. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the ]Manning and Zoning Commission for administrative reasons. I umderstand that a siLe visit May be, regui red to Pr cess this application. City f Kenai personnel are Date: �l �:r/ )) signature: �k,c X - -C/,, 10/21/2010 Representatives must 0 written proof Page 1 of 4 'e 11r4 YARMNCE PERMIT ffMC 14 20.00 Section 14.20.180 of the Kenai Municipal Code outlines regulations for a variance permit. A variance permit is the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUTLINED IN KMC 14.20.180 BELOW. VARIANCE STANDARD Wmic 14-10-180) - -- The Planning and Zoning Commission shall establish a finding that all the conditions (c)(1) through (c)(5) of this section have been found to exist as a prerequisite to issuance of a variance permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other land or structures in the same land use or zoning c�fit��,� lofi', c1��►�Jes s�`�e ��� s��:.��c %< �a rA lq' .5' ci , 0 6" 4? 9 2.The. special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or 'n q 3c� u n) m i A t � 1l0 2: Ltl i Rv� � sfj) � �� 4t koo,� 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located; / can �i�d e �1 ���yo� � If 1 ©12112010 39 Page 2 of 4 1 4.The granting of a variance shall be the minimum variance that will provide for the 4en ►nod"" -too �� y �'b ®��' r� 7�h�u h, � f� ►n�� �y} ' i r�� 5r e� �r 5� �� 1� fi�� Cjr �e�trli fd r(? �y t y pr'o f4Z,Vv _ $. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district: LAND USE Describe current use of property covered by this application: Pe,{Sal' a i its wtn ee. Surrounding property: (Describe how land adjacent to the property is cuirently being used) North: e fYe.a- J C'C' Y)t /c,- South: 4, CS1 �- East-, gcc,,� lit- West:. p i Xf?c . 10/21/2010 .M Page 3 of 4 r S . N z I� W z Q.' Q.. 50' SHED DETAIL ® Found 5/8" Rebar SHED Found 1/2" Rebar O Found 3/8" Rebar 0 1.5' �) .2' 0 X z IA Z IL SHED DETAIL ® Found 5/8" Rebar db Found 1/2" Rebar O Found 3/8" Rebar 0 Septle Vent �) Indicates Record Datum 0 Meter Pole Prepared for: REMAX 100 Trading Bay Rd., Suite 6 Kenai, AK 99611 tmr - -0t4r N90'00'00 "E MAGIC: AVENUE 33' R/W 125,16' M 10' SIDE YARD SETBACK GRAVEL I� - a D/W J CONC. GM. ,PAD A yj r 1.2 GRAVEL '6 FRAMES >< D/W N MOUSE N i SHED ..-.. _ rn 23,9' SEE _ 40.1'' DETAIL 1 46.6' WOOD kE DECK x LOT 3 0 I 1.002 AC. 4 N j n I- f= 0 i # 10' SIDE YARD SETBACK x °o �` N9� N}° �O C3 I 590'00'00 "E 125.16' WOOD FENCE (TYP.) ����,������ ON OR NEAR PROP. LINE LOT 2 � nf= Ac�s� 1, M. SCOTT MCLANV ®� 4928 —S ®R iH e� SCALE 1) The bearings and distances shown hereon 1" 30' relative to the `0roperly boundaries were derived — �e --�-w from data of record, - 2) This lot served by city water and sewer. AS -BUILT SURVEY LOT 1 f 1 Hereby aerklry that I have eumyed the foltonlne doserrbod properly: LOT 3 CINDERELLA :J961WORN locakad In k1io. WAL--- Retardinq plaulel. Aloeha, and that the Improvements etluoled therdon are wlthln the properly Ilnae and de not Overtop or encroach on the property Iy�Htq ddfaeonl ihdralo. Ihal no hnproverhenle on the properly lying ad tent hereto encroach On the premlese In gaesuon and Ihak d9fa are no roodw4ys, {Tanemla- elan 11nes or other visible ousemenle on sold properly except as in- dicated hereon, soled; July 8, 1996 MsL ®n® Testing Cn44rsesrs. Surwyore and I'lonnere F,O, Bow 460 Soldolno, AR 99069 C%01,USION NaIE: It Ie FhO raptnefhelly of Iha owner 10 delermtna the ssislence of any easemenke, covenants or roelrieklone nhfth do nok oppsar on the retarded subdto Ion plot. under no eiraem- alantes should any data hereon be head for conslruellon or for establishing boundary or lonca Ilnoe. 91it07t1 96 -11 -21 Job Ha_..___» __� rfold Bosh Ila,.. ______. «._�._ Kenai Peninsula Borough Page 1 of 1 Kenai Peninsula Borough generated on 512120112:20:30 PM EDT Improvements 2011 NOTICE VALUES ARE NOT CERTIFIED AND ARE SUBJECT TO APPEAL. CERTIFIED VALUES FOR 2011 WILL NOT BE AVAILABLE UNTIL JUNE 1, 2011 Parcel Number Tax Account Parcel Address 2011 Total Data as of Assess Value Year 04505012 312 PRINCESS ST, KENAI $192,600 2/28/2011 2010 Improvements Use Code Building # ID # DRIVE R01 01 LEANTO R01 02 DWELL R01 D ATTGAR R01 G01 Improvement Abbreviations & Descriptions Avg Constructed Grade Square Ft. 2011 Value Yr. 3000 Avg 1 $1,500 2003 Avg 44 $200 1968 Avg 2,816 $179,900 0000 Avg 624 $0 42 http: / /alt- kenai- property. governmax, com /propertymax /GRM/tab_improve_V 0701. asp ?Print... 5/2/2011 PZ11 --14 & PZ11 -15 312 Princess Street - S,chrag 43 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -16 y} G A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING TO CLARIFY WHAT RATES, CHARGES, AND FEES ARE DUE AS SET FORTH IN THE CITY'S FEE SCHEDULE AND MAKING TECHNICAL CHANGES AND CORRECTIONS, INCLUDING REMOVING THE APPEAL SECTION FOR ENCROACHMENT PERMITS AT KMC 14,20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's New Text Underlined; [DELETED TEXT BRACKETED] Resolution P21 1 -16 - Page I 45 schedule of fees adopted by the City Council. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional Use Permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the Ci 's schedule of fees adol2ted by the City, Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the (c]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. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 2 M fifteen Jj 5 1 [ -]day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (f1 Yearly Reports: The permit holder shall submit a yearly report between October lst and December 31st to the administrative official. Such report shall include a summary of the on -site activity. (g) Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai. Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder, (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the Cily Council in order to hel cover the costs of the publi c hearing: notice. (i) Expiration — Extensions lYansferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. New Text Underlined; [DELE'T'ED TEXT BRACKETED) Resolution PZI 1 -I6 - Page 3 47 (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai. Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the Ci 's schedule of fees adopted 12y the Cily Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 4 M (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the Pit, (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal. Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS ($100.00)] as set forth in the City's schedule of fees adopted by the Cijy Council shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d) (1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. New Text Underlined; [DELETED TEXT BRACKE'T'ED] Resolution PZ11 -16 - Page 5 M (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (c) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (fl Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or Interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. ((h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.1 (i) Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, Inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "), and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 6. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 6 50 part of the valuation of that building. The fee for signs not covered by a building permit shall be (SET AS PROVIDED BY KMC 7.15. 1001 set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e) . (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180. For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public Information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 7 51 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 8 52 square feet in area. Such signs may be used as wall signs, may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized signs in the right-of-way or on city property. Such signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illumination are not permitted. (1) Balloons or other inflatable or gas -filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. New Text Under inecl; [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 9 53 (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty --two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 10 54 (L) Real estate signs of thirty -two (32) square feet or .less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) One (1) roof sign of not more than sixty -four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty -eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (I) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 11 55 (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed under subsection. (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (i) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 12 56 educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general. election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZI1 -16 -Page 13 57 (e) (f) (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas -filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off- premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. Central Mixed Use Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. New Text Underlined; [DELETED TEXT BRACKETED] M Resolution PZ11 -16 - Page 14 (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement, (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election, if after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 15 59 uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations. (1) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (L) Balloons or other inflatable or gas- filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right-of-way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (fl (1) (G) of this section, or at an outdoor sporting event, sports facility, or sports field. {Q) Portable signs. (g) Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 16 AN (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(B) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for - profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) 'Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved. (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 17 61 displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure, (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 7. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 1.4.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (13) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 -Page 18 M (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification. arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 8. Severabili : 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 9. 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. Chair: ATTEST: New Text Underlined; [DELETED TEXT BRACKET$D] 63 Resolution PZl 1 -16 -Page 19 STAFF REPORT To: Planning & Zoning Commission Date: May 11, 2011 GENERAL INFORMATION Applicant: Mark R. Landt, Vice President, Land & Business Development Phone: 281- 768 -7650 For: Buccaneer Alaska Operations, LLC 952 Echo Lane, Suite 420 Houston, TX 77024 5d Res: PZII -21 Requested Action: Conditional Use Permit --- Subsurface Extraction of Natural Resources Legal Description: A portion of T 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, & 26 & W1 /2 & W1 /2 W1/2 SE114 of Section 24 & W1 /2 & W1/2 E1 /2 of Section 25 & N1 /2 & SW1/4 & N1/2 SE1 /4 of Section 27 Street Address: None KPB Parcel No.: 04102003 Existing Zoning: RR -- Rural Residential Current Land Use: Vacant Land Use Plan: Conservation/Open Space ANALYSIS General Information: The City of Kenai has received an application for a Conditional Use Permit from Buccaneer Alaska Operations, LLC for subsurface extraction of natural resources on property owned by Alaska Mental Health Trust. Buccaneer holds oil and gas leases on the property. A copy of the lease was provided to document applicant's authority to apply for the Conditional Use Permit. The property is accessed via Highbush Lane and a section line easement. The property is zoned Rural Residential. This type of development is allowed by conditional use. Included with the application is the Plan of Operations for the Kenai Loop #2 Well 65 PZ11 -21 Page 2 Exploration Program. This document describes an overview of the project. The initial project involves drilling the exploratory well which will involve the site development including an access road and drilling pad. Construction of the road will require authorization from the Kenai Peninsula Borough. A drilling rig, the Glacier Drilling Rig #l, or equivalent, will be onsite. A 400 foot by 500 foot gravel drilling pad will be constructed. During the drilling phase, the site will include the drilling rig, office building, warm and cold storage areas, and maintenance buildings. During this phase, an onsite office will contain housing for several personnel including the drilling supervisor and tool pusher. Other personnel will be housed offsite. Once drilling is complete, the drilling rig will be moved off -site. The drilling portion of the project does not require a Conditional Use Permit. The City will issue a drilling permit as required in Kenai Municipal Code Chapter 5. The application for the permit has not been received by the City. If the drilling is successful, equipment to extract the gas will be placed on site. Equipment will be enclosed in a one -to -two story structure. (Photos of similar sites are included with the application.) Typical equipment will include multiple wellhead structures, separators, dehydrators, produced water storage tanks, compressors and emergency generators. KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The property is zoned Rural Residential. Rural Residential district includes areas that, due to location or site conditions, are best suited for large -lot single-family residential development. Homes in this district typically rely on individual on -site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home -based businesses may be accommodated within certain design guidelines. Subsurface extraction of natural resources is provided for as a conditional use in this zone. This area is zoned Rural Residential but based on location and topography is undevelopable. The zoning does not appear consistent with the property. When the City assumed zoning in 1984 the property had been identified as Rural Residential. KMC 14.20.040(7) provided that any property which had not specifically been included within a zone shall be classified as Rural Residential. Based on the earliest zoning maps, it appears that this property AN PZ11 -21 Page 3 was one of those not otherwise classified (zoned), The area is not suitable for residential development and it appears the development can be accommodated in the zone. 2. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development is in an area otherwise undevelopable due to access and topography. To access the site, an access road will be developed which will add value to properties along the route. Construction of the access will require removing debris and equipment which will eliminate a longstanding code violation and increase value to adjoining properties. There is no evidence that this development will impair the value of adjoining property, 3. The proposed use is in harmony with the Comprehensive Plan. This property is classified as Conservation /Open Space. The Conservation district applies to public lands whose primary use is open space, recreation, fish and wildlife habitat, drainageways, floodplain, and wetlands. Some public improvements may be appropriate within appropriate design guidelines. Goal 4 of the Plan is to promote residential and commercial development. This is public land owned by the Alaska Mental Health Trust Authority. The Alaska Mental Health Trust Authority administers the Mental Health Trust to improve the lives of beneficiaries. Trustees have a fiduciary responsibility to protect and enhance trust assets in perpetuity for the beneficiaries. The Trust has leased subsurface oil and gas to the applicant consistent with fiduciary responsibilities. The development must be managed and meet all requirements for permitting through Federal, State and local agencies. The development will adhere to strict requirements which will ensure protection to the wetlands. The drilling operation will provide numerous jobs. If the drilling is successful, this development will fulfill the public need for additional natural gas and the long -term facility will be built to meet State and Federal mandated guidelines. The proposed facility meets Goal 4 of the Comprehensive Plan and if the drilling operation is successful will fulfill the public need for natural gas, 4. Public services and facilities are adequate to serve the proposed use. The property is accessed off Highbush Lane. The applicant will build an access road to the site. Utilities needed for the development will be installed and will be adequate to serve the proposed use. 67 PZ11 -21 Page 4 Public services and facilities are adequate to serve the proposed development. S. The proposed use will not be harmful to the public safety, health or welfare. State and Federal agencies regulate this type of development. Through the permitting process, mitigation requirements and restrictions on the development will be required to obtain permits from the various agencies. The facility will be built to industry standards and will meet all building and fire codes. The facility will be operated under industry guidelines. All personnel will be trained in general and site specific environmental, spill response, safety, and operating rules and regulations associated with this type of development. The proposed use will not be harmful to the public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Through the drilling and building permit processes, the City will ensure that the required State and Federal permits are in order and that sufficient buffers are in place around the development, The site will be secured with security fencing. No additional conditions are recommended for the proposed facility. Building fficial: No comment. RECOMMENDATIONS Buccaneer Alaska Operations, LLC has obtained oil and gas leases from the Alaska Mental Health Trust Office in the City of Kenai. They are proposing to drill for gas on Alaska Mental Health Trust property located to the west of Highbush Lane accessed by a section line. A drilling permit is required under Kenai Municipal Code Title S. The drilling portion of the project does not require a Conditional Use Permit. In planning for a successful project, Buccaneer is applying for a Conditional Use Permit to locate the extraction facility on this site. This type of development requires multiple permits from the City, Borough, State, and Federal governments. The City does not have the expertise to regulate the oil and gas industry and relies on the State and Federal regulatory agencies to review and address permitting for the development and operation of the facility. Attached is the "Plan of Operations" for the Kenai Loop #2 Well Exploration Program. In this document, the .: PZ11 -21 Page 5 applicant outlines the permits that are required for this type of development, The City will issue and review the building permits to ensure the facility is built to meet required fire and building codes. During the review of the criteria under KMC 14.20.150, zoning and land use designations were reviewed. It appears that this land may not be zoned appropriately, that the property was never reviewed and zoned, and instead was placed into a category "for any property which had not specifically been included within a zone." And, the Land Use designation in the Comprehensive Plan is not consiste -.,# with the current zoning. The Comprehensive Plan identified several goals for the Plan. Th, .proposed development meets Goal 4 of the Plan. The type of development, the ownershil; of the land, and the public good for the project support the application. Based on this, it is administration's recommendation that the application for the Conditional Use Permit should be granted and recommends approval with the following requirement: 1. All permits required from City, State, and Federal agencies must be approved prior to construction of the facility. ATTACHMENTS: 1. Resolution No. PZ11 -21 2. Application 3. Drawings .• t � -`.:ty is '• E - 4 KENAI ALASKA ""Village with a Past, C# with a Future " 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 Fax: 907- 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -21 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: BUCCANEER ALASKA_ OPERATIONS, LLC USE: SUBSURFACE EXTRACTION OF NATURAL RESOURCES LOCATED: A PORTION OF T 6N R 11 W SECTION 22 SEWARD MERIDIAN KN ALL OF SECTION 22 23 & 26 & W112 & W1/2 W1/2 SE114 OF SECTION 24 & W1 /2 & WI /2 E1 /2 OF SECTION 25 & N112 & SW114 & N1 /2 SE114 OF SECTION 27 NO STREET ADDRESS (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04102003 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: Mav 5, 2011 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. All permits required from City, Borough, State, and Federal agencies must be approved. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 2011. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED SUBSURFACE EXTRACTION OF NATURAL RESOURCES 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, MAY 25, 2011. CHAIRPERSON; 70 ATTEST: M "Villa J e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / Fax. 907 - 283 -3014 www.ci- kenai.ak.us APPLICATION FOR CONDITIONAL USE PERMIT KMC 14.20.150 Name: Buccaneer Alaska Operations, LLC Mailing Address: 952 Echo Lane, Suite 420 Houston, Texas 77024 Phone Number: 713 4681678 Fax Number: 713 468 -3717 Email: mlandt(a7BuccaneerAlaska.com Date: May 4, 2011 PETITIONER REPRESENTATIVE Name: Mailing Address: Phone Number: Fax Number: Email: .Property Tax ID #: 04102003. Site Street Address: None Current Legal. Description - : Located in the SE' /4SWV4 of Section 27, TSN, R11 W, Seward Meredian Conditional Use Requeste For: (Describe the project and use additional sheets if necessary): The overall project includes drilling one or more gas wells as described. in Buccaneer's attached Preliminary Plan of Operations. If the drilling results in documenting a commercial reserve, then the prospect will be developed using the pad that was used for exploration drillinL-_ Zoning: Rural Residential (Subsurface Extrac,ttion) I Acreage: 3420 acres total; approximately 6 acres for Required Attachments: Completed Application Form Site PlawFloor Plan with Square Footage $100 Fee (plus applicable sales tax) KPB Tax Compliance (if applicable) State Business License AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described'above and that I petition for a conditional use permit in conformance with TAtle 14 of the Kenai Municipal Code. I understand that Payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be postponed byPlanning Department staff ofthePlanning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City, of Kenai ersonnel are authorized to access the above - referenced property for the purpose of pr ocessin this applic ation. Date: May S, 2011 Signature: d4-Al Representatives must provide written proof of-authorization 71 CONDITIONAL USE STANDARD C 14.20.1$0 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. L The use inconsistent with the purpose of this chapter and the purposes and intent of the zoning district; • Area is currently zoned Rural Residential • The area is in an approach to the Kenai Airport and it may be subject to high noise levels from aircraft activities. These same type of noises may be present during periods actual drilling operations are underway. 2. The.value of the adjoining roe and hei hborhood will <inot be si nifca ntl impaired; • Land at the site and to the north and west is undeveloped lands owned by the Alaska Mental Health Trust Authority and is being leased to Buccaneer in order to allow drilling and possible commercial development of the property. • Land to the south is also undeveloped lands owned by the Kenai Peninsula Borough. There should be no impairment of use of this land as access to the site requires a permit from the Kenai Peninsula Borough to cross the edge of this land. • Land to the east is part of the estate for Frederick Pearson in is partially developed. This parcel is covered by an abundance of old equipment, vehicles and other items. Improved access to the site may require cleaning up some of these items from the access route and would probably improve the value of this ro e 3. The proposed use is in harmony with the Comprehensive Plan; • The proposed operations will initially include exploration drilling operations and then possibly development operations. • There were no wetlands found on the site to be developed, but a bridge or culvert would be required to cross a drainage ditch along the west edge of the Pearson properties (possibly man- made) for access to the site. • Once these activities are completed, activities will be limited to a light industrial operation which is for subsurface extraction. There will be minimal manpower requirements for the production operations, 4. Public services and facilities are adequate to serve the proposed use; • Water, sewer and electric would probably all be needed for development operations. 5: The proposed use will not be harmful to the public safety, health or welfare; • An EPA approved Class I Non- Hazardous Waste Disposal Well may be used for deep injection of liquid wastes. • All other wastes would be hauled offsite for disposal at approved sites. • Air emissions would be permitted under ADEC regulations. Air emissions are expected to be minimal from the limited surface equipment. • The operations will be surrounded by a fence and locked gate. • Fire and gas sensors will be installed onsite and monitored continuously. • Sound barriers will be installed as a ppropriatc. 72 6. ; Any and all specific conditions deemed necessary by the commission to fulfill the above- mentioned conditions should b. e xnet by the applicant. These inay include, but are dot.limited to measures °relative to access, screening, site'development, building design, operation of the use and other similar as ects (elated to the pk6posedvse. • The proposed operations will be limited and similar to those used by Marathon at their Ninilchik Unit operations. The pad size should be about the same size as the drilling pad with most of the area required by a drilling rig that will be moved offsite once all wells are drilled. The drilling rig may need to be used intermittently for well workovers, for drilling additional wells, or for site abandonment. • Production equipment will be enclosed in a single one to two story structure. Equipment would typically include multiple wellhead structures, separators, dehydrators, produced water storage tanks, cam ressors and emergency enerators. LAND USE Describe current use of property covered b y this application: Surrounding property: (Describe how land adjacent to the property is currently being used) North: Undeveloped land and zoned for Rural Residential (Subsurface extraction). Surface owner is the Mental Health Trust Authority and property is currently vacant. Subsurface owned by the Mental Health Trust_ Authority and Buccaneer holds the oil & gas lease. South: Undeveloped and zoned for Rural Residential. Surface owner is the Kenai Peninsula Borough and property is currently vacant. Subsurface owned by the Cook Inlet Regional Corporation and Buccaneer holds the oil & gas lease. East: Developed land and zoned for Rural Residential (Subsurface extraction). Surface owner is Federick C. Pearson (Decd) and property is currently occupied by grandson of owner, Subsurface owned by the Mental Health Trust Authority and Buccaneer holds the oil & gas lease. West: Undeveloped land and zoned for Rural Residential (Subsurface extraction). Surface owner is the Mental Health Trust Authority and property is currently vacant. Subsurface owned by the Mental Health Trust Authority and Buccaneer holds the oil & gas lease. 73 F Yt F j J j f. � f t s �¢W�, ^�PF' a i [ j �41 Power Lin y gv PRELIMINARY PLAN OF OPERATIONS KENAI LOOP # 2 WELL EXPLORATION PROGRAM KENAI PENINSULA, ALASKA Prepared, for Buccaneer Alaska Operations, LLC Houston, Texas Prepared by Northern Consulting Group Anchorage, Alaska May 5, 2011 75 Table of Contents 1. Permit Requirements ....................... ............................... 1 2. Overview and Timetable ................... ............................... 2 3. Well Site Access ............................. ............................... 2 4. Drilling ......................................... ............................... 2 4.1 General ............................. ............................... ... 2 4.2 Support Facilities ....................... ............................... 3 4.3 Testing and Surveys .................... ............................... 3 5. . Water Requirements and Sources ........ ............................... 3 6. Waste and Emissions ------------------ - - - - -- ----------------------- - - - - -- d 6.1 Drilling Wastes ....................... ............................... 4 6.2 Non - Drilling Wastes ................. ............................... 4 6.3 Produced Fluids ....................... ............................... 4 6.4 Air Emissions ......................... ............................... 4 7. Well Abandonment and Site Closure ... ............................... 5 8. Environmental Issues and Contingency Plans ........................ 5 8.1 Wildlife Issues ........................ ............................... 5 8.2 Oil Spill Contingency Plans ........ ............................... 6 8.3 Historical, Archaeological and Cultural Resources ............. 6 .....9. _Communication and Supervision ........ ............................... 6 10. Training ....................................... ............................... 6 11. Public Involvement .......................... ............................... 7 List of Figures Figure 1. Location Map for Kenai Loop Well Sites.. - 8 Figure 2. Figure 2. Access route to the Kenai Loop #2 Wellsite............ 9 Plan of Operations Page i May 5, 2011 76 1. Permit Re uirements The Plan of Operations describes drilling operations proposed by Buccaneer Alaska Operations, LLC ( "Buccaneer ") at their Kenai Loop #2 Well located cast of Kenai on the Kenai Peninsula in Southeentral Alaska. These operations require developing plans and obtaining permits and approvals from the following agencies /organizations:. United States of America U.S. Army Corps of Engineers • Nationwide Wetlands Permit (Crossing of Drainage Ditch) Federal Aviation Administration • Obstruction Evaluation/Airport Airspace Analysis (Possible) State of Alaska Alaska Department of Natural Resources (ADNR) Division of Coastal and Ocean Management (DCOM) • Coastal Project Questionnaire - Project review is required for coastal zone consistency Mental Health Trust Land Office • Lease Plan of Operations - Required to conduct the drilling operations Alaska Department of Environmental Conservation (ADEC) • Minor General Air Quality Permit - Rig- specific permit is required • Authorization for Temporary Storage of Drilling Waste - Permit required temporary storage of drilling wastes on site • Oil Discharge Prevention and Contingency Plan - Plan in review for oil drilling operations -may be exempt well • Certificate of Financial Responsibility - Certificate to be obtained if above plan is required Alaska Oil & Gas Conservation Commission (AOGCC) • Applications for Permit to Drill and Sundry Notices - Required for each well Local City of Kenai • Oil and Gas Well Permit • Conditional Use Permit Kenai Peninsula Borough • Permit for Access Road Plan of Operations Page 1 May S, 2011 77 2. Overview and Timetable Buccaneer proposes to drill one or more wells into Mental Health Trust Land Office (TLO) oil and gas leases located within the City of Kenai on the Kenai Peninsula. The general timetable for various activities are outlined as follow: • April to May 2011- Conduct drilling site evaluation • May 2011- Prepare and submit permits for project • May to June 2011- Obtain permission from land owners to construct a 0.5 mile long access road to the Kenai Loop Well 42 location. • July to August 2011- Obtain permits and mobilize equipment and materials for drilling the Kenai Loop 42Well . • July to August 2011- Construct a gravel access road and pad to drill the Kenai Loop Well #2. • August to October 2011 -Drill the Kenai Loop Well #2. Additional wells and full scale development of the Kenai Loop Field will occur if the field is determined to be commercial. 3. Well Site Access The access route to the site is approximately 0.5 mile long. It begins at approximately mile 8.6 of the Kenai Spur Highway, travels about 0.25 miles northward on the existing Highbush Road, and then about 0.025 miles westward along the south side of an existing powerline corridor. The Highland road may need some improvement for trafficability. The powerline corridor is partially cleared and will need some clearing of adjacent uplands. It will also need to cross an existing drainage ditch including about 100 feet long; although the ditch is probably man -made, it will likely require a nationwide wetlands permit 4. Drilliniz Operations 41 General The wells will be drilled using the Glacier Drilling Rig #1, or equivalent drilling rig. The planned well design will be similar to that employed in previous Cook Inlet exploration wells and in accordance with a Permit to Drill from the Alaska Oil and Gas Conservation Commission (AOGCC). Due to the exploratory nature of the well, nearly all information regarding the down hole aspects of the well is confidential. The gravel pad for the wells will be approximately 400 ft by 500 ft. The access road will be constructed of gravel and will be about 30 feet wide. Plan of Operations Page 2 May 5, 2011 0 Surface and subsurface ownership for the area to be drilled is held by State of Alaska Mental Health Trust Land Office. Surface ownership for the access route is held in" ainly by the Kenai Peninsula Borough. Buccaneer will acquire the required State. Oil and Gas Bonds for the proposed drilling operations. 4.2 Support Facilities The drilling pad will include the drilling rig, office building, warm and cold storage areas, and maintenance buildings. The onsite office will contain housing for several personnel including the Drilling Supervisor and the Toolpusher. All other drilling personnel will be housed offsite in existing facilities available locally. Up to 10,000 gallons of diesel fuel may be stored at the drilling site in lined, bermed fuel storage areas. Fuel will be re-supplied to the site from existing local suppliers. Communications systems will be installed in the camp buildings. 4.3 Testing and Surveys Production tests may be performed as needed after production casing is set. Testing may include extended flow periods to determine the productivity of the well. Testing will be accomplished in accordance with approved techniques. Vertical seismic profiles _(VSP_s)_may be acquired-using off road capable vibroseis trucks. These operations will generally occur within a 2 -mile radius of the surface location of the well. 5. Water Re uirements and Sources Fresh water is needed primarily for drilling operations. Normal water requirements are expected -to be less than 1,000 gpd except when mixing new drilling mud in which case 10,000 gpd may be required. Water will be obtained from the City of Kenai who has a water hydrant located along the access road near the drilling location. New sources of water are not required. Plan of Operations Page 3 May 5, 2011 79 6. Wastes and Emissions 6.1 Drilling Wastes An estimated 2,000 bbl of water based drilling mud and cuttings may be generated from the operations. Waste drilling mud and cuttings may either be injected into existing wells in the area or be hauled to existing offsite facilities for disposal. Prior to hauling, the cuttings and liquids will be temporarily stored in onsite containers either on the well site or at the staging areas, but in either case storage will be in compliance with ADEC temporary storage permits. All wastes will be disposed of prior to completion of the operations. 6.2 Non-Drilling Wastes Solid, non - burnable waste will be deposited in dumpsters located at the site. These containers will be hauled to local landfills for disposal. The food waste that could attract wildlife either will be stored in enclosed containers awaiting periodic hauling, or such wastes will be hauled each day to an approved disposal center. To reduce the amount of trash that must be hauled from the drilling location, all solid, burnable waste may be incinerated at the location in accordance with 18 AAC 50. The ash will be hauled to the existing landfills. Limited wastewater generated onsite will either be treated and disposed of onsite in accordance with federal/state permits or be hauled to an approved disposal facility locally. The drilling operations should generate less than 1,000 gpd of domestic wastewater. 6.3 Produced Fluids All fluids from production testing will be held in tanks until the testing is completed. After testing, the fluids will either be injected back into the formation from which it was produced or hauled to Nikiski oil and gas production facilities for processing and /or disposal. 6.4 Air Emissions ,Sources of air emissions from the operation are rig engines, camp generator engines, steam generators, waste oil burners, hot -air heaters, light plants, incinerators and well test flaring equipment. Buccaneer will obtain the ADEC General Permit MGP 1 for Oil & Gas Drilling Rigs and will comply with the stipulated parameters established under this authorization. Plan of Operations Page 4 May 5, 2011 :E 7. Well Abandonment and Site Closure Upon completion of drilling and evaluation operations, all debris will be hauled to an approved disposal site. Spills or soil contamination occurring on the pads will be removed and disposed of at an approved manner or disposal facility. Depending on the results of the drilling activities and /or testing, the well may either be plugged and abandoned in accordance with applicable AOGCC regulations, left in a condition to re -enter and resume drilling operations in a succeeding year, or left in a condition to permit the well to be produced. If the drilling is not successful, the access road and pad will be left in place in accordance with desires of the City of Kenai who is the land owner. 8. Environmental Issues and Contingency Plans 8.1 Wildlife Issues The usual wildlife that could be in the area during the winter include owls, ravens, foxes, moose, and brown and black bears. Encounters with wildlife are expected to be minimal as the drilling location is adjacent to existing activities within the City of Kenai. Project personnel will be instructed not to feed wildlife of any type or in any other way attempt to attract them either at the drill site or on the roads. Food will be kept inside buildings or containers that minimize odors. Hazardous materials will be kept in drums or other secure containers. Building and drill pad layouts will be designed to maximize visibility and minimize _potential areas that .a bear could crawl into or otherwise be hidden from view. Any sightings will be immediately reported and the personnel in the area warned of the location of the bear. 8.2 Oil Spill Contingency Plans Buccaneer will have an approved Oil Discharge Prevention and Contingency Plan (C- Plan) for drilling operation into the oil bearing formations (Hemlock Formation). Information related to immediate response actions, receiving environments, spill cleanup mobilization response times and well control can be found in that plan. Buccaneer plans to use Alaska Chadux Corporation (ACC) as a Primary Response Action Contractor for drilling in oil bearing formation. The Kenai Loop Well #2 may be determined by AOGCC /ADEC to be a natural gas well that is exempt from having a C -Plan. Plan of Operations Page 5 a May 5, 2011 The drilling contractor holds an EPA Spill Prevention Control and Countermeasure Plan (SPCC Plan) for their fuel storage facilities associated with drilling operations. Additional SPCC requirements will be handled in the C -Plan as appropriate. 8.3 Historical, Archaeological and Cultural resources Cultural resources studies for site clearance will conducted to assess any known sites, and to locate unknown sites. Sites, if located would be avoided. 9. Communications and Supervision The following persons may be contacted for details on the project: or Mark R. Landt Buccaneer Alaska Operations, LLC 952 Echo Lane, Suite 420 Houston, TX 77024 281 -768 -7652 (office phone) or mlandtna,buccaneeralaska.com (email) Robert Britch Northern Consulting Group 2454 Telequana Drive Anchorage, AK 99517 1 -907- 243 -7716 (office phone) or Witch alaska.net (email) A Buccaneer designated representative will be on site at all times during operations. Twenty -four hour phone service will be available at the drilling camp. 10. Training Buccaneer will require that all drilling contractor personnel have 8 -hour H ZWOPER (or equivalent) and specialized onsite environmental training specific to Buccaneer operations. Plan of Operations Page 6 May 5, 2011 W 11. Public Involvement Buccaneer will hold meetings locally as appropriate to present additional information concerning the initial drilling and development program. The permitting actions associated with these exploration wells will be public noticed in selected publications as part of the permit review process. Plan of Operations Page 7 May 5, 2411 M r � ' __ per_ 4�x�4;`j� - .,;. �, }�} '�•-� ,ir ��°. L . - '' . -, �i fit" � •. 1� r� _ - . _ oOPJ Wolff' #2 ` q 7 _- .�� €.'. I .•rte w.. - J1 -„a ._.. * �� _ 9 �� � ^$r -" ^r� -: ♦.w- t• � . {N ie.. L99p,.�4'e e, # 1 tr11iu I�1 -frog 32 )�1 j .gyp ILI � "Y ri tP� ; 4''r. d '�_ ''�.",1. -es`_ � °- �. Six #• a5 6 ��g �; 5�� L �..... - - -. r - 1�.��y��i� • [4�iS&..e .e,evN °r33,,1g$. ... .._. . .� ..� y' .y.. _ .. ..�.. A_,s. Scale 0 1 2 Miles Figure 1. Location Map for Kenai Loop Prospect Well Sites. Plan of Operations Page 8 May 5, 2011 a JN • '' .1 - 1 _ •I 1 �' • 1"I 1 • T ' Rv s • _ _ __ _ 1 _ • f � 111 .• 069 _ ' � •^ � r ii 1` - •y ... I 1 I r ti 1 •• •• -,r �4�j.3 r .� •� ,11 '+L, L JLW,' - 'L. ��lr 1 •• .. .._ _ ti`•� �� .__ � Lam• L l S 1 •�,r• r :+� l ' r � .L • ti•�.ti •7 L .� L • �r L Y L L' 1 r L ti : J f • r ti ' . •..•ti 1. .. ._ ; - ,� 1 ti _ •ter .. ■ • - - •� _ } � �Ir■•1 •�r -, ,^ .� C1 C. L ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://­www.ei.kenai.ak.us ITEM A: CALL TO ORDER 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, Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting/ Outreach 2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. ITEM Q. 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.) POSTPONED AUGUST 17 2011, 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 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 the ordinance.) 2. PASSED UNANIMOUSLY. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund., 3. PASSED UNANIMOUSLY. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. PASSED UNANIMOUSLY. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. PASSED UNANIMOUSLY. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. POSTPONED JUNE 1 2011. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 7. PASSED UNANIMOUSLY. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Regular Meeting of May 4, 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. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices .X and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2557 -2011 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 5. INTRODUCED CONSENT AGENDA. *Ordinance No, 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. 6. INTRODUCED. *Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility, 7. SCHEDULED AUGUST 15 2011 6:00 P.M. Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session, ITEM H: COMMISSIONMOMMITTEE 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 -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City 91 Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai, ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted,) ITEM M: ADJOURNMENT M 0A KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. May 23, 2011 Tentative Agenda i 93 A. CALL TO ORDER MEMBERS: Paulette Bokenko- B. ROLL CALL Carluccio City of Seldovia Term Expires 2012 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES JoAnne Collins 1. Agenda Anchor Point 1 Ninilchik Term Expires 2013 2. Member /Alternate Excused Absences Harry Lockwood Ridgeway a. Harry Lockwood, Ridgeway Term Expires 2013 Robert Ruffner b. Lisa Parker, City of Soldotna Kasilof I Clam Gulch Term Expires 2012 3. Minutes ALTERNATES: a. May 9, 2011 Plat Committee Minutes Marl Anne Gross D. PUBLIC COMMENT Southwest Borough (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous Term Expires 2011 arrangements are made.) Sandra Holsten East Peninsula E. SUBDIVISION PLAT PUBLIC HEARINGS Term Expires 2013 1. Michael J. Pelch Homestead Jr, Addn. No. 2 Lisa Parker City of Soldotna KPB File 2011 -045 [Whitford /Pelch] Term Expires 2011 Location: City of Kenai 2. Morgan's Acres Sub Dickson Replat KPB File 2011 -046 [Segesser /Dickson] Location: South of Funny River Road on Zackery St. 3. Isabella Subdivision KPB File 2011 -047 [Segesser /O'Brien] Location: On Freda Drive in Nikiski 4. Rosin Subdivision KPB File 2011 -048 [Integrity /Rosin] Location: Caribou Hills area 5. Kasilof Townsite Sub CIRI Replat KPB File 2011 -049 [Integrity /CIRI] Location: On Kalifornsky Beach Rd in Kasilof area 6. Bos'n Landing Sub Byerly Replat KPB File 2011 -050 [Integrity / Byerly] Location: On Stephens Drive in Sterling i 93 7. Sec Line Esmt Vac Plat Assoc. w /Bos'n Landing Sub Part One KPB File 2011 -051 [integrity /Byerly] Location: On Stephens Drive in Sterling Kenai Cemetery Expansion No. 2 KPB File 2011 -052 (integrity/City of Kenai] Location: City of Kenai 9. Sec Line Esmt. Vac Plat Assoc.w /Kenai Cemetery Expansion KPB File 2011 -053 [Integrity/City of Kenai] Location: City of Kenai F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, June 13, 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: �Iannin.qCc.borou�gh.kenai.ak.us web site: www. borough .kenai.ak.uslplanningdept 01 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 May 23, 2011 - 7:30 P.M. 95 Tentative Agenda Philip Bryson Chairman Kenai City A. CALL TO ORDER Term Expires 2013 B. ROLL CALL Paulette Bokenko- Cariuccio PC Member C. APPROVAL OF CONSENT AND REGULAR AGENDA City of Seldovia All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered Term Expires 2012 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 Alice Joanne Collins case the item will be removed from the consent agenda and considered in its normal sequence on the PC Member regular agenda. Anchor PoinY Ninilchik Term Expires 2013 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 Cindy Ecklund wish to comment. PC Member City of Seward *1. Time Extension Request Term Expires 2011 Dr, Rick Foster a. Rogers Subdivision Parliamentarian KPB File 2008 -222; Lobdell /Rogers Homer City Location: City of Kenai Term Expires 2013 Marl Anne Gross b. Tachick's Retreat PC Member KPB File 2006 -041; LobdelllTachick Southwest Borough Location: North of Ninilchik River Term Expires 2011 Sandra Key Holsten *2. Planning Commission Resolutions 1 Resolution SN 2011 -09 PC Member East Peninsula a. Gold Rd/ St (aka Gold Ave) dedicated by plats HM0740486 North Term Expires 2013 Fork Acres No 3, HM0790012 Thomas Simmons Subdivision, James Isham HM0830123 Outlook Subdivision Addition No 1, & Royal Highlands PC Member Phases 1 -7 & 12; T4S R1 4W S34 &35; RENAMED TO Tillygirl Ave Sterling Term Expires 2012 b. Laurel St (aka North Laurel Ave) dedicated by plats KNO001575 Harry Lockwood Thomack Subdivision 1968 Addition; T02N R12W S32; RENAMED PC Member TO Dilligara Ln Ridgeway Term Expires 2013 C. Unnamed Rd (aka Chieslak Ct) dedicated by plat KNO850215 Blair Martin Spruce Haven Subdivision; T3N R12W S14; RENAMED TO Vice Chairman Chieslak Cir Kalifornsky Beach Term Expires 2012 d. Tawney St (aka Tawney Ave) dedicated by plat KN0740065 Loralyn Lisa Parker Subdivision; T2N R12W S1; RENAMED TO TawneyAve PC Member City of Soldotna *3. Plats Granted Administrative Approval Term Expires 2011 Robert Ruffner *4. Plats Granted Final Approval (20.04.070) PC Member Kasilof /Clam Gulch *5. Plat Amendment Request Term Expires 2012 *6. Coastal Management Program - None *7. Commissioner Excused Absences 95 Jason Tauriainen PC Member Northwest Borough a. Harry Lockwood, Ridgeway Term Expires 2011 b. Lisa Parker, City of Soldotna *8. Minutes a. May 9, 2011 Plat Committee Minutes b. May 9, 2011 Planning Commission Minutes Max J. Best Planning Director D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS Dave Carey (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous Borough Mayor arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Resolution 2011- ; authorizing the acquisition of Real Property at 158 W. Corral Ave, Soldotna from Walter and Karen Griglione on Behalf of the Central Peninsula Hospital pursuant to KPB 17.10.040 2. Vacate English Court (changed to English Avenue Resolution SN 97 -05) a 50 -foot public right -of -way and associated public utility easement dedicated by English Estates (Plat KN 76 -178); within Section 11, Township 7 North, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2011 -038. Petitioners: James R. and Nora C. Satathite of Nikiski, Alaska. Location: On Island Lake Road in Nikiski 3. Vacate Eadies Way, a 30 -foot public right -of -way adjacent to the west side of Lots 5 thru 8, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot 1 of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough. KPB File 2011 -040, Petitioner: Robert Devolld for the Kenai Christian Church, Kenai, Alaska. Location: City of Kenai 4. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming rights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. Aloha Dr (aka Aloha St) named by plat HM085061 Truman's Place; T5S R13W S25; SM, AK; Off of Skyline Dr in the Diamond Ridge Community; ESN 202; REASON FOR CHANGE: Officially change the suffix within the MSAG; PROPOSED NAME: Aloha Ave b. North Manor Dr (aka North Manor Rd) named by plat HM2003069 Diamond Ridge Estates No 3; T6S R13W S7: SM, AK; Off of Manor Rd in the Diamond Ridge Community; ESN 202; REASON FOR CHANGE: To meet KPB code requirements; PROPOSED NAME: Paragon St c. Fails Creek Rd/ Underwood Apperson Ave shown on plat HM2000039 Osemore Subdivision; T1 N R12W S8; SM, AK; In the .M Clam Gulch community off of the Sterling Hwy; ESN 451; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Dos Sisters Ave 5. Ordinance 2011 -15; Ordinance Amending KPB 14.04, Road Construction and Right -of -Way Acquisition and KPB 17.10.030, Acquisition of Lands and Resources, to authorize the Mayor to Acquire Easements for Road Improvement Projects without Assembly Approval. (POSTPONED FROM THE MAY 9, 2091 MEETING) MOTION ON THE FLOOR: Commissioner Isham moved, seconded by Commissioner Holsten to recommend adoption of Ordinance 2011 -15; Ordinance amending KPB 14.04, Road Construction and Right of Way Acquisition and KPB 17.10.030, acquisition of lands and resources to authorize the Mayor to acquire easements for mad improvement projects without assembly approval. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) Resolution 2011 -10; Public notice is hereby given that an application for a conditional use permit has been received to enclose an existing 28 -foot by 44 -foot structure within the 50 -foot Habitat Protection District of the Kenai River. Request and Location: A Conditional Use Permit application has to add exterior walls and finish the interior of an existing 28 -foot by 44 -foot covered travel-trailer/car-port. About one -third of the structure is currently enclosed and is habitable. An area measuring approximately 17 -feet by 17- feet will remain open for use as a carport. LOCATION: On the right bank of the Kenai River at river mile 16.9, on Lot 176, Poachers Cove Planned Unit Development Amended, Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D:057- 487 -65). The street address of the parcel is 45552 Spruce Ave, Unit 176. Petitioner: Bernard & Katherine Szymaniak, 5347 Middleton Road, San Diego, CA 92109 -1525 H. VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS 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. Location: North of Robinson Loop, west of Swanson River Road in Sterling. Petitioners: Clay Sullivan and Susan Kent of Soldotna, Alaska. POSTPONED FROM APRIL 25, 2011 MEETING. MOTION ON THE FLOOR. Commissioner Tautiainen moved, seconded by Commissioner Isham to approve the right of way vacation. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 9 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. LEGAL REPRESENTATIVE COMMENTS 97 O. DIRECTOR'S COMMENTS P. COMMISSIONER COMMENTS Q. PENDING ITEMS FOR FUTURE ACTION R. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kenai Planning & Zoning Commission Minutes - April 27, 2011 2. Seward Planning Commission Minutes - April 5, 2011 - April 12, 2011 Cooper Landing Advisory Planning Commission Minutes - May 4, 2011 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, June 13, 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 Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce June 7, 2011 June 20, 2011 7 :00 p.m. Cooper Landing Cooper Landing Community Hall June 8, 2011 6:00 p.m. Hope 1 Sunrise SoHope June 2, 2011 7:00 p.m. 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: plan nin borou h.kenai.ak.us web site: www. borough .kenai.ak.us /olanningdeRt STAFF REPORT To: Planning & Zoning Commission - File Date: 4126111 Res: PZ11 -11 GENERAL. INFORMATION Applicant: HDL --- Hattenburg Dilley Linnell 202 Elmwood Avenue Palmer, AK 99645 For: City of Kenai 210 Fidalgo Avenue Kenai, .AK 99611 Requested Action: Landscape /Site Plan — Water Treatment Facility Legal Description: Alaska State Land Survey 76-118 ADL 72801 T6NR1 1W Section 36 Street Address: 420 Shotgun Drive KPB Parcel No.: 04103034 Existing Zoning: RR -- Rural Residential Current Land Use: Municipal Well House Land Use Plan: Conservation — Open Space ANALYSIS General Information: The City of Kenai has received a building permit application for a water treatment facility for the City of Kenai. The City is building a 2800 square foot building to house a treatment facility for the municipal water system. As required in KMC 14.25, a landscape /site plan has been submitted for the project. KMC 14.25 specifies the regulations for landscape /site plans within the City of Kenai. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. ® Scientific or common name or type of planting materials to be used in the project. o The site will be reseeded with Slender Wheatgrass, Red Fescue, and annual Ryegrass. e Typical planting details. o Planting details are not included; however, areas to be seeded are shown on the plan. ® Location of all planting areas and relationship to buildings, parking .. PZ11 -11- Comments Page Z areas and driveways. o Shown on the plan. ® identification and location of existing vegetation to be retained. o Natural vegetation shown. • Identification of on -site snow storage areas. o Snow storage areas are not identified; however, this is a large site that will be paved. There is a sufficient area for snow storage. ® Drainage patterns. o Drainage patterns are shown on the plan. ® Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o The plan shows the existing well house and the planned water treatment building. The site plan shows the approximately limits of wetlands which restrict site development. Section 14.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping — involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o This is an established site. Natural vegetation will be retained around the perimeter of the site. • Interior Landscaping — involves areas exclusive of the perimeter and parking lot areas. o No interior landscaping is planned nor necessary for the site. • Parking Lot Landscaping — involves areas adjacent to or within parking lots and access drives. o Area around the paved lot will be seeded. This is not the typical site plan and does not include a public parking lot. The area will be restricted to City service vehicles. ® Street - right -of -way Landscaping — intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Natural vegetation will be retained and disturbed areas seeded. The following are required in the site plan; • Parking — o Parking spaces are not identified nor required. There is sufficient off- street parking for the facility service vehicles. • Parking Lot. o Parking area shown on the plan. Lot will be paved. • Snow storage. o Not identified but there is a large area available for snow storage. • Dumpster. o No dumpster is shown on the plan. Any dumpster on the site must be screened with a sight- obscuring structure made of wood or concrete. 100 Ic PZ11 -11- Comments RECOMMENDATIONS Page 3 The plan as submitted meets the intent of KMC 14.25. Plan is approved as submitted with the following requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1 ) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. If a dumpster is placed at the site, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. Review completed by. Marilyn K. Kebschull, AICP Planner, City of Kenai 101 M CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -11 LANDSCAPE /SITE PLAN PERMIT A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping /Site Plan Review was: • Received by: Marilyn Kebschull, AICP, City Planner • Submitted by: HDL - Hattenburg Dilley & Linnell _ • Submitted for: City of Kenai — Water Treatment Facility-_. • Property Address: 420 Shotgun Drive • Legal Description: Alaska State Land Survey 76 -118 ADL 72801 T6NR11W Sec. 36 • Parcel No.: 04103034 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff; and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITI4 THE FOLLOWING REQUIREMENTS: See page 2. Re we�and approved: Date: 44' tltwe I J ( — 102 PZ11 -11 Resolution Page 2 '!. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. No dumpster is shown on the plan. If a dumpster is placed on the site in the future, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. 103 K-\—N106023 X.-. M, 5� , W 4. (cox)N�\Nc. 1. . c, 1 103 V -4- % m alI, KENAI W!41ff? SUPPLY IMPROVEMENTS . ...... M R. "t-4 0 0. �AM I IWMELL 1 1 KENAI WATER TREATMENT FACILITY - 2011 CITY OF KENAI CAPITAL PROJECTS KEHAP, ALASKA 4 n A 3. 8 Z, PD MAM? . . . . . . . . . . . ....... ...... alI, KENAI W!41ff? SUPPLY IMPROVEMENTS . ...... M R. "t-4 0 0. �AM I IWMELL 1 1 KENAI WATER TREATMENT FACILITY - 2011 CITY OF KENAI CAPITAL PROJECTS KEHAP, ALASKA 4 n A 3. 8 Z, PD ❑ a I` 55 4' off` rl l� r. b I I 5 S i CQ N n n ' 'rJ�._ .. L..... �.... . _ .. I 5 ' P O � O z O fn Z �1 yyn � Fl n A h� 2 x 2 Y Z 9 A ]I m C o➢ b c] b [ Y n m o n g 8 R y m n m m m Q " "ynz' R � A » z p z ro `� ih ! ♦\ JI i v v v v v- my mma b L y S N � z ti F x .'f aid KENAI Wq TER SUPPLY IMPROVEMENTS �•i•a ^its, 3 F_K2ENBVBG PILL EY&UNNELL �,; '!QUA nMSians x ° " KENAI K FEATM ENT FACT LITY - 2011 Hm CITY O F KENAI CAPITAL P ROJECTS ENA, AASKA pE�NN��nN O°IJsNEE f YC iEn�N il. a AN 4o N AEOEnMgfEXNBt e Nn gE£P.�CXoNi0.nNn0s�N9Xaa Gll a,EnXlLs E . , _ ti w•Mwnct yy.Js. .t rlµ +M'ry .VUUiiymN .yti.:.�.av S STAFF REPORT To: Planning & Zoning Commission - File Date: 512111 Res: PZ11 -12 GENERAL INFORMATION Applicant: Cook Inlet Natural Gas Storage Alaska LLC PO Box 190989 Anchorage, AK 99519 -0989 Requested Action: Landscape /Site Plan -- Facility Site Legal Description: T 5N 1 1W Section 4 Seward Meridian KN SE1I4 SE 114 Street Address: 1377 Bridge Access Road KP13 Parcel No.: 04901311 Existing Zoning: IH — Heavy Industrial Current Land Use: Vacant Land Use Plan: Conservation — Open Space ANALYSIS General Information: The City of Kenai has received a building permit application from Cook Inlet Natural Gas Storage Alaska to construct a 7,000 square foot compressor building. As required in KMC 14.25, a landscape/site plan has been submitted for the project. KMC 14.25 specifies the regulations for landscape/site plans within the City of Kenai. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. • Scientific or common name or type of planting materials to be used in the project. o Planting materials include: trees, shrubs, and native grasses. • Typical planting details. o Planting details are shown on plan. • Location of all planting areas and relationship to buildings, parking areas and driveways. o Shown on the plan. • Identification and location of existing vegetation to be retained. o Natural vegetation shown. • Identification of on -site snow storage areas. o Shown on plan. • Drainage patterns. 107 PZ11 -12- Comments Page 2 o Drainage patterns.are shown on the plan. • Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o Plan shows the planned facility locations. Section 14.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping - involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o A security fence will enclose the site. Natural vegetation will be retained around the perimeter of the site. • Interior Landscaping - involves areas exclusive of the perimeter and parking lot areas. o Seeding with native grass will be used. • Parking Lot Landscaping - involves areas adjacent to or within parking lots and access drives. o Area around the lot will be seeded: This is not the typical site plan and does not include a public parking lot. The area will be restricted to CINGSA vehicles. • Street - right -of -way Landscaping - intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Natural vegetation will be retained and disturbed areas seeded. The following are required in the site plan: • Parking - o Parking spaces are not identified nor required. There is sufficient off - street parking for the facility service vehicles. • Parking Lot. o Parking area shown on the plan. • Snow storage. o Shown on plan. • Dumpster. o No dumpster is shown on the plan. Any dumpster on the site must be screened with a sight - obscuring structure made of wood or concrete, or placed not visible from rights -of -ways. RECOMMENDA TONS The plan as submitted meets the intent of KMC 14.25. Plan is approved as submitted with the following requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil m PZ11 -12- Comments Page 3 within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. If a dumpster is placed at the site, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval -may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. Review completed by: Marilyn K. Kebschull, AICP Planner, City of Kenai 109 M CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI I -12 LANDSCAPE /SITE PLAN PERMIT A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping /Site Plan Review was: • Received by: Maril KebschuIl AICP City Planner • Submitted for: Cools Inlet Natural Gas Storage Alaska LLC • Property Address: 1377 Bridge Access Road • Legal Description: T 5N R 1 IW Sec. 4, Seward Meridian KN SE 1/4 SE %a • Parcel No.: 04901311 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and /or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS: See page 2. Re ew,M and approved: r Date: it 110 PZ11 -12 Resolution Page 2 1. All required landscaping as presented in the approved landscaping plan must be-installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds most be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot, 4. No dumpster is shown on the plan. If a dumpster is placed on the site in the future, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. 111 Cook Inlet Natural Gas Storage Alaska, LLC Attachment to City of Kenai Landscape /Site Plan Application April 21, 2011 The following figures are included with the application: Figure 1: Preliminary Conceptual Landscape Plan — Facility Site Figure 1 (inset): Facility Site Plan Figure 2: Preliminary Conceptual Landscape Plan — Well Pad Figure 3: Facility Site Drainage Patterns Figure 4: Facility Site Wetland and Drainage Constraints on Development Property Information, Current Legal Description Facility Site: #04901311, 1377 Bridge Access Road SE '/ SE ' /o, T. 5 N., R. 11 W., Sec. 4, Seward Meridian Well Pad:. #04945010, 1430 Bridge Access Road Legal Description prepared by M. Scott McLane is included as pages 3 and 4 to this attachment. Type of Planting Materials to be Used in the Project Many of the following trees and shrubs will be planted, depending on availability, near the facility entrance, along the north side of the access road, and the berm in the southeast corner of the facility. These areas are identified on the Preliminary Conceptual Landscape Plan for the Facility Site (Figure 1) as "Planting and Seeding." Only those species native to this portion of Alaska will be planted in the berm. Areas to be seeded with the grasses and forbs listed below include fill slopes, the route of the pipelines, temporary work area s, and other locations on the project sites where vegetation and soil have been disturbed. These areas are identified on the Preliminary Conceptual Landscape Plans for the Facility Site (Figure 1) and Well Pad (Figure 2). The Planted areas on the facility site will also be seeded. Scientific Name Common Name Deciduous Trees Populus alba White Poplar Larix sibirica Siberian Larch Larix laricina var, alaskensis Tamarack Betula pap rifera Pa--- Birch Evergreen Trees _ T _ Tsu a mertensiana Mountain Hemlock Abies concolor White Fir Picea glauca White Spruce Pinus s lvestris Scotch Scot's Pine Deciduous Shrubs Cornus sericea C. stolonifera Red -Osier Dogwood S rin a h brids Lilac Rosa acicularis Prickly Rose Ribes triste Red Currant Evergreen Shrubs Juni eras comminus Common Juniper Grasses and Forbs Descham sia berm ensis Norcoast' Bearing hair grass Deschampsia caespitosa 'Nortran' tufted hair rass Festuca rubra 'Arctared or 'BoreaP red fescue Poa alpina 'Gruenin ' alpine bluegrass Arcte rostis latifolia KenaP and /or 'Al eska' polar grass Lu inus nootkatensis Nootka lupine CINGSA Landscape /Site Plan Application Page 1 of 5 April 21, 2011 112 Planning Areas Locations, Relationship to Buildings, Parking Areas and Driveways The Preliminary Conceptual Landscape Plans identify the general areas for seeding and planting. All of the areas proposed for planting and seeding are outside the facility and well pads. No landscape beds are proposed near buildings or the parking areas. The north side of the access road to the facility site, south of the pipeline route, will be planted with a combination of evergreen and deciduous trees. A typical planting detail will be developed and submitted for subsequent approval. Existing !Vegetation, Snow Storage, Dumpster, Drainage Patterns, Unusual Features The following features are included in the Preliminary Conceptual Landscape Plans for the Facility Site (Figure 1) and Well Pad (Figure 2): Locations where existing vegetation has been, and will continue to be retained; Snow storage areas; Security fencing; Access and egress routes; Routes for utilities (water, sewer, gas, electricity, telephone); Dumpster (Facility Site only); and Buildings. Drainage patterns on the Well Pad are included in Figure 2. A bald eagle nest was considered in the design and configuration of the well pad; the development provided for a 330 -foot nest protection buffer zone around the eagle nest. The drainage patterns for the Facility Site are shown in Figure 3, and site features restricting and affecting development and drainage on this.site are identified in Figure 4. The facility layout and design was developed to avoid wetlands to the greatest extent practicable. Wetland impacts on the facility site were reduced to less than 0.34 acre. Building Descriptions and Dimensions Only one building will be constructed on the Well Pad; a 1,600- square foot Motor Control and Telemetry Building (Figure 2). Figure 2 also includes the location of a containment structure that will be constructed on this site. Figure 1 (inset) identifies the locations of the buildings on the Facility Site and the separation distances. The dimensions and square footage these buildings are as follows: Building Height feet Dimensions feet Area (square feet Office /Control Building 14 40 x 120 4,800 Auxiliary Buildin 20 - . -50 x 90 4,500 Compressor Building 28 stack 52' 70 x 100 7,000 Gas Metering Building 14 20 x 80 1,600 Glycol Regeneration Building 20 24 x 56 1,344 Total 19,244 Parking The well pad will not have specifically identified parking; normally there would be only occasional use by one or two individuals for approximately one hour per day. Six parking spaces would be included on the Facility Site. One will be allocated to ADA parking. The principle use of this parking would be for employees (typically two individuals per shift), and for potential visitors such as inspectors, service providers, and deliveries. The general public will not be permitted on the site. CINGSA Landscape /Site Plan Application Page 2 of S April 21, 2011 113 Land Use — Well Pad Current Use: Vacant Land Surrounding Properties: North: City of Kenai boat launch exit South: Boat Launch Road — access to City of Kenai Boat Launch East: Bridge Access Road West: Boat Launch Road and City of Kenai Boat Launch CINGSA Landscape /Site Plan Application Page 3 of S April 21, 2011 114 U1 NW -1 NW -2 t4 lVlf�3 I �. / 1-6 (9/2009 & 712010) 8 x 20 culvert I A l r• � C -5 c \ l C-4 ,18F �J EI a La - 9120 & 7,q Ile Secondary Access Road/Emergency Egress Permanent Wetland Loss: 0.18 acre PFC /FOSS, 0.05 acre PSSIPEM Compression /Gas Conditioning Facility Permanent Wetland Loss 0.11 acre PSS Gas Ll'lnes 4 Cook Inlet Natural Gas Storage Alaska, LLC City of Kenai Landscape /Site Flan Application Figure 4- Facility Site Wetland and Drainage Constraints on Development April 21, 2011 x 20 cu ERT TYR a l LEGEND: 1 -5 Wetland Data Point Jul. 2010 PFO: palustrine forested PSS: palustrine scrub -shrub Data Point Oct. 20(}9 PEM: palustrine emergent X GPS Data Points It Upiand/Non- Wetland x Perimeter Fence -Wetland/Upland Boundary a o Proposed Gas Line 0 75 150 300 Feet 450 600 1:3,000 I Ile Secondary Access Road/Emergency Egress Permanent Wetland Loss: 0.18 acre PFC /FOSS, 0.05 acre PSSIPEM Compression /Gas Conditioning Facility Permanent Wetland Loss 0.11 acre PSS Gas Ll'lnes 4 Cook Inlet Natural Gas Storage Alaska, LLC City of Kenai Landscape /Site Flan Application Figure 4- Facility Site Wetland and Drainage Constraints on Development April 21, 2011 x 20 cu ERT TYR a l 1 -5 Direction of Runoff 0 H s • z Q r° co U I " ,ER iAC ES y E -3�E -2 I 116 I r I A01-3 Ile Secondary Access Road/Emergency Egress Permanent Wetland Loss: 0.18 acre PFC /FOSS, 0.05 acre PSSIPEM Compression /Gas Conditioning Facility Permanent Wetland Loss 0.11 acre PSS Gas Ll'lnes 4 Cook Inlet Natural Gas Storage Alaska, LLC City of Kenai Landscape /Site Flan Application Figure 4- Facility Site Wetland and Drainage Constraints on Development April 21, 2011 0') See Figure I (inset): site Plan )T 5 .D suaDl�nsoN LOT 6 0. 2 L07 7A KN 200c-18 LOCKWOOD ADDI'rOl, BLK. I < Inlet Natural Gas Storage Alaska LLC of Kenai Landscape/Site Plan Application Figure I- Preliminary Conceptual Landscape UNSUB011ADED Figure - Fac�ility Site a jV ------ ------- ------------- Zj�L 14' Vi1DE BAERGENCy.4GaF=, 187 iY CULVERT rrYP.) );2a EGRESS RbAD QUANTITY SUMMAR D ir 2ircsp 1/4 SEC. 0 ACRIS LAYDOMAREk H GRAZ�e 4A. FACILITY PAD WORK QUANTITY SUIMM1 Ry 6 PROPOSED� FAMUTY PAD ROUGH GRADE 46.0' j N Z Sir ACrIM L I U �,7 PO ON LOT i I TSM R11W DENNIS SAYO Legend Seeding with Native Grasses ......... 16-inch Gathering Line I — - — - — I 20-inch Interconnect to KNPL Water, Sewer, Gas, Telephone Electrical Power Planting and Seeding Existing Vegetation Retained Snow Storage Areas Security Fence ......... 16-inch Gathering Line I — - — - — I 20-inch Interconnect to KNPL Water, Sewer, Gas, Telephone Electrical Power Cook Inlet Natural Gas Storage Alaska, LLC $I ROUGH CRUDE i��i■ City of Kenai Landscape /Site Plan Application WI ti■�ii�w BENCH EL.C'/ - 44.00 . 46. 0 �- •max- X- x- X- X- %- x� -• -x -X r X- X- X- X-X- X -%X-f +M1O Figure 3- Facility Site Drainage Patterns • 141965,00 I x � �� AN.759f1 i \ LEGEND �P ^B4- 4 $ "0 x 1j vEE orTCH • * 51v4LE OR SHALLOW DITCH I f \ I ��t7 �.0 FlNlSN GRADE SPOT ELEVATION alg: x 47.0 -PIPE OR pf7GH INVERT ESEVATtON \45.47 oi. "-^ DRAINAGE DIRECTION I 4s"snr Iiw: I g S'' —� CSP CULVVZ1. I� iI - emm 55LF. 1 z'GSP x +4. 1 _ 14174300 0 1 ® gig `DAYLIGHT AT E %!SING DRON - av 39.60 � mow.! PROJECT No. 80778 er<nncxt wmFs x 24LF. 12 CSP x 43.40 I 0� 14,565 4FF1�/ 'mot r .r r {` t - jj 1 I I 44.20 x I I IX 44,32 I N1b21.OG illy 141600.00 l , ai x I ^! 34LF 12 -CSP E[3 h�D- _ ... ... _ - - ... __ .... � —X —X —X — %..:.X-- • — %. —X —X —% . an W PWtlYS s caww v April 21, 2011 F1141SHED GRADE PLAN COMPRESSOR STATION COOK INLET NATURAL GAS STORAGE ALASKA awc NO. CINGSA —C -1300 B i��i■ ti■�ii�w an W PWtlYS s caww v April 21, 2011 F1141SHED GRADE PLAN COMPRESSOR STATION COOK INLET NATURAL GAS STORAGE ALASKA awc NO. CINGSA —C -1300 B 00 ®hills e witll a NS4 Cl with a Fugate �,. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 Fax: 907 - 283 -3014 vwvw.ci.kenai.ak.us V;,A J y t'i�?`1ry• �'i K NAi ALAS lift LANDSCAPE /SI'D'E PLAN APPLICATION - KMC 14.25 nnfp. ADri121.2011 OWNER PETITIONER REPRESENTATIVE OF ANY) Name: Cook Inlet Natural Gas Storage Alaska LLC Name: Mailing Address: P.O. Box 190989 Mailin2 Address: Anchorage, AK 99519.0989 ]Phone Number. 907 -334 -7659 Phone Number: Fax Number: 907 - 334 -7671 Fax Number: Email: tom .arrninski@enstarnaturaigas.com Email: PROPERTY INFORMATION Pro ert Tax ID #: Facilily Site 04901311; Well Pad 04945010 Site Street Address: 1377 Bridge Access Road; 1430 Bridge Access Road Current Legal Description: please see attached ZOnin : IH Acrea e: 40; 6.9 (lease area) of 25.62 The landscaping /site plan shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. Review the applicable section-of the Kenai Municipal Code 14.25 — L andsca inp/Site Plan Regulations and include all information reuuired by code. The following information must be included in file Site Plan and described below before your application will be considered for processing. Incomplete_applicatiops will not be accepted. Use additional sheets it needed. LIST SCIENTIFIC OR COMMON NAME OR TYPE OF PLANTING MATERIALS TO BE USED IN THE PROJECT: List included in attachment. 10/21/2010 119 Page 1 of 3 TYPICAL PLANTING DETAILS; o MUST BE INCLUDED ON PLAINS LOCATION OF ALL PLANTING AREAS AND RELATIONSHIP TO BUILDINGS, PARKING AREAS AND DRIVEWAYS; ® MUST BE INCLUDED ON PLANS ® MUST SHOW DISTANCES AND SIZE OF LANDSCAPE BEDS IDENTIFICATION AND LOCATION OF EXISTING VEGETATION TO BE RETAINED; 0 MUST BE INCLUDED ON PLANS IDENTIFICATION AND LOCATION OF NON - LIVING LANDSCAPING MATERIALS TO BE USED; 0 MUST BE INCLUDED ON PLANS 0 LIST MATERIALS {None IDENTIFICATION OF ON -SITE SNOW STORAGE AREAS; 0 MUST BE INCLUDED ON PLANS DUMPSTER; 0 IDENTIFY LOCATION AND TYPE OF SCREENING AS REQUIRED PER KMC 14.25045 DRAINAGE PATTERNS; 0 MUST BE INCLUDED ON PLANS DESCRIPTION OF BUILDINGS, INCLUDING BUILDING HEIGHT AND GROUND FLOOR DIMENSIONS AND SQUARE FOOTAGE; 0 PROVIDE CONCEPTUAL DRAWING ® MUST BE INCLUDED ON PLANS o BUILDINGS, DIMENSIONS & SQUARE FOOTAGE Included in attachment. PHYSICAL FEA'T'URES OF THE PROPERTY INCLUDING LOCATION OF ALL BUILDINS, INGRESS AND EGRESS, ANY UNUSUAL FEATURES OF THE PROPERTY WHICH MAY RES'T'RICT DEVELOPMENT OR DRAINAGE; O MUST BE INCLUDED ON PLANS 10/21/2010 120 Page 2 of 3 PAVING, fl IF REQUIRED PER KMC 14.25.045(4) SLOW PAVED PARKING AREA AC AJI61i➢.111��9, 1CMC 14.205 PER .20 SNOW REQU.._.,..___ . � - .. __.. IRED PARKING SPACES: Please see attached o IDENTIFY PRINCIPLE USE: o REQUIRED PARKING SPACES: o ADA ACCESS PARKING SPACES: LAND USE Desedbe current use of property covered by this application: Vacant land Surrounding property: (Describe how land adjacent to the property is currently being used) North. Vacant land 5 outb: Vacant land East: Vacant land and gravel operation West: Self- storage facility WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. AUTHORITY TO APPLY FOR A LANDSCAPE/SITE PLAN: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above. I certify that the information provided is accurate to the best of my knowledge I understand that a site visit may e re aired to process this a iiea 'oh. Cityof Kenai, vemonricl are authorized to access ft above- r foreaeed prolper1y fa • the MOW of PrOUgSing this application. Date: Signature: 10/21/2010 Representatives must provide written proof authorization 121 Page 3 of 3 STAFF REPORT To: Planning & Zoning Commission - File Date: 512111 GENERAL INFORMATION Applicant /Leasee: Cook Inlet Natural Gas Storage Alaska LLC PO Box 190989 Anchorage, AK 99519 -0989 Owner: Alaska State DNR 550 W 7 "' Ave., Suite 650 Anchorage, AK 99501 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Landscape /Site Plan — Well Pad Tract F, Boat Ramp Subdivision 1430 Bridge Access Road 04945010 IH. — Heavy Industrial Vacant Industrial I le,00 Res: PZ11 -13 General Information: The applicant intends to have 4 injection /withdrawal wells located on this parcel. As required in KMC 14,25, a landscapelsite plan has been submitted for the project. KMC 14.25 specifies the regulations for landscape/site plans within the City of Kenai. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. • Scientific or common name or type of planting materials to be used in the project. o Planting materials include native grasses • Typical planting details. o Planting details are shown on plan. • Location of all planting areas and relationship to buildings, parking areas and driveways. o Shown on the plan. 0 Identification and location of existing vegetation to be retained. o Natural vegetation shown. 123 PZ11 -13 Comments Page Z * Identification of on -site snow storage areas. o Shown on plan. • Drainage patterns. o Drainage patterns are shown on the plan. • Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o Plan shows the planned facility locations. Section 14.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping - involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o A security fence will enclose the site. Natural vegetation will be retained around the perimeter of the site. • Interior Landscaping - involves areas exclusive of the perimeter and parking lot areas. o Seeding with native grass will be used. • Parking Lot Landscaping - involves areas adjacent to or within parking lots and access drives. o This is not the typical site plan and does not include a public parking lot. The area will be restricted to CINGSA vehicles. • Street - right -of -way Landscaping - intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Natural vegetation will be retained and disturbed areas seeded. The following are required in the site plan: • Parking -- o Parking spaces are not identified nor required. There is sufficient off - street parking for the facility service vehicles. • Parking Lot. o Parking area shown on the plan. + Snow storage. o Shown on plan. + Dumpster. o No dumpster is shown on the plan. Any dumpster on the site must be screened with a sight- obscuring structure made of wood or concrete, or placed not visible from rights -of -ways. RECOMMENDA TIONS The plan as submitted meets the intent of KMC 14.25. Plan is approved as submitted with the following requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 124 PZ11 -13 Comments Page 3 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. If a dumpster is placed at the site, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. Review completed by: Marilyn K. Kebschull, AICP Planner, City of Kenai 125 \I CITY OF ) KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI1-13 LANDSCAPE /SITE PLAN PERMIT A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping /Site Plan Review was: ® Received by: Marilyn Kebschull, AICP, City Planner • Submitted for: Cook Inlet Natural Gas Storage Alaska LLC • Property Address: 1430 Bridge Access Road ® Legal Description: Tract F Boat Ramp Subdivision ® Parcel No.: 04945010 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS: See page 2. Re ievvgFi and apppzoved: Date: 126 PZl 1 -13 Resolution Page 2 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan, 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. Snow storage must be located on the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot, 4. No dumpster is shown on the plan. If a dumpster is placed on the site in the future, the structure for the dumpster must be constructed of wood or concrete. City administration may approve other materials prior to construction. 5. if construction of the project has not started within one year of the approval of the land scapinglsite plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. 127 �I "Wlla e with a Past C# with 4 Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 Fax: 907- 283 -3014. www.ci.kenai.ak.us . X992 LANDSCAPE /SI'T'E PLAID APPLICA'T'ION - KMC 14.25 Date: April 21, 2011 OWNER PETITIONER REPRESENTATIVE (w ANY) Name: Cook Inlet Natural Gas Storage Alaska LLC Name: Mailing Address: P.O. Box 194989 MailinR Address: Anchorage, AK 99519.0989 Phone Number: 907- 334 -7659 Phone Number: Fax Number: 907 - 334 -7671 Fax Number: Email: tom .arminski @enstarnaturalgas.com Email: PROPERTY INFORMATION Pro ert Tax ID #: Facility Site 04901311; Well Pad 04945010 Site Street Address: 1377 Bridge Access Road; 1430 Bridge Access Road Current Le al Descri tion: please see attached Zoning: IH Acrea e: 40; 6.9 (lease area) of 25.62 The landscaping /site plan shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. Review the applicable section of the Kenai Munici al Code 14.25 — Landscaping /Site Plan Regulations and include all information required by code The following information must be included in the Site Plan and described below before your application will be considered for processing. Incomplete applications will not be accepted. Use additional sheets if needed. LIST SCIENTIFIC OR COMMON NAME OR TYPE OF PLANTING MATERIALS TO BE USED IN THE PROJECT; -- List included in attachment. 10/21/2010 128 Page 1 of 3 TYPICAL PLANTING DETAILS; ® MUST BE INCLUDED ON PLANS LOCATION OF ALL PLANTING AREAS AND RELATIONSHIP TO BUILDINGS, PARKING AREAS AND DRIVEWAYS; 0 MUST BE INCLUDED ON PLANS ® MUST SHOW DISTANCES AND SIZE OF LANDSCAPE BEDS IDENTIFICATION AND LOCATION OF EXISTING VEGETATION TO BE RETAINED; ® MUST BE INCLUDED ON PLANS IDENTIFICATION AND LOCATION OF NON - LIVING LANDSCAPING MATERIALS TO BE USED; e MUST BE INCLUDED ON PLANS ® LIST MATERIALS None IDENTIFICATION OF ON -SITE SNOW STORAGE AREAS; ® MUST BE INCLUDED ON PLANS DUMPSTER; • IDENTIFY LOCATION AND TYPE OF SCREENING AS REQUIRED PER KMC 14.25045 DRAINAGE PATTERNS; • MUST BE INCLUDED ON PLANS DESCRIPTION OF BUILDINGS, INCLUDING BUILDING HEIGHT AND GROUND FLOOR DIMENSIONS ANDSQUARE FOOTAGE; • PROVIDE CONCEPTUAL DRAWING 9 M_ _UST BE INCLUDED ON PLANS o BUILDINGS, DIMENSIONS & SQUARE FOOTAGE Included in attachment. PHYSICAL FEATURES OF THE PROPERTY INCLUDING LOCATION OF ALL BUILDINS, INGRESS AND EGRESS, ANY UNUSUAL FEATURES OF THE PROPERTY WHICH MAY RESTRICT DEVELOPMENT OR DRAINAGE; • MUST BE INCLUDED ON PLANS 10/21/2010 129 Page 2 of 3 PAVING; e IF REQUIRED PER KMC 14.25.045(d) SHOW ]PAVED PARKING AREA PARKING; PER KMC 14,20.250 SHOW REQUIRED PARKING SPACES: Please see attached o IDENTIFY PRINCIPLE USE: o REQUIRED PARKING SPACIES- o ADA ACCESS PARKING SPACES: LAND USE Describe current use of property covered by this application: Vacant land Surrounding property: (Describe how land adjacent to the property is currently being used) North: Vacant land South: Vacant land East: Vacant land and gravel operation West: Self- storage facility WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. AUTHORITY TO APPLY FOR A LANDSCAPEISITE PLAN: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above. I certify that the information provided is accurate to the best of my knowledge. I understand that a site visit m_ av a required to rocess his aR121ftation. City, Of Kenai cr on el are authorized to access the abov referenced prokierty . fo u e Date: a D/ Signature: Representatives must provide written proo of authorization 10/21/2010 130 Page 3 of 3 Cook Inlet Natural Gas Storage Alaska, LLC Attachment to City of Kenai Landscape /Site Plan Application April 21, 2011 The following figures are included with the application: Figure 1: Preliminary Conceptual Landscape Plan — Facility Site Figure 1 (inset): Facility Site Plan Figure 2: Preliminary Conceptual Landscape Plan — Well Pad Figure 3: Facility Site Drainage Patterns Figure 4: Facility Site Wetland and Drainage Constraints on Development Property Information, Current Legal Description Facility Site: #04901311, 1377 Bridge Access Road SE % SE' /, T. 5 N., R. 11 W., Sec. 4, Seward Meridian Well Pad: #04945010, 1430 Bridge Access Road Legal Description prepared by M. Scott McLane is included as pages 3 and 4 to this attachment. Type of Planting Materials to be Used in the Project Many of the following trees and shrubs will be planted, depending on availability, near the facility entrance, along the north side of the access road, and the berm in the southeast corner of the facility. These areas are identified on the Preliminary Conceptual Landscape Plan for the Facility Site (Figure 1) as "Planting and Seeding." Only those species native to this portion of Alaska will be planted in the berm. Areas to be seeded with the grasses and forbs listed below include fill slopes, the route of the pipelines, temporary work area s, and other locations on the project sites where vegetation and soil have been disturbed. These areas are identified on the Preliminary Conceptual Landscape Plans for the Facility Site (Figure 1) and Well Pad (Figure 2). the Planted areas on the facility site will also be seeded. Scientific Name Common Name Deciduous Trees Populus alba White Po lar Larix sibirica Siberian Larch Larix laricina var. alaskensis Tamarack Betula papyrifefa Paper Birch Evergreen Trees Tsu a mertensiana Mountain Hemlock Abies concolor White Fir Picea &uca White S ruce Pinus s lvestris Scotch Scot's Pine Deciduous Shrubs Cornus sericea LC.. stolonifera Red -Osier Dogwood S rin a h brids Lilac Rosa acicularis Prickly Rose Ribes triste Red Currant Evergreen Shrubs Juni erns comminus Common Juniper Grasses and Forbs Descham sia berm ensis 'Norcoasf Bearing hair grass Deschampsia caespitosa 'Nortran' tufted hair grass Festuca rubra 'Arctared' or'Boreaf red fescue Poa alpina 'Gruenin ' alpine bluegrass Arcta rostis lafifolia 'KenaP andlor'AI eska' polargrass Lu inus nootkatensis Nootka lupine CINGSA Landscape /Site Plan Application Page 1 of 5 April 21, 2011 131 Planting Areas Locations, Relationship to Buildings, Parking Areas and Driveways The Preliminary Conceptual Landscape Plans identify the general areas for seeding and planting. All of the areas proposed for planting and seeding are outside the facility and well pads. No landscape beds are proposed near buildings or the parking areas. The north side of the access road to the facility site, south of the pipeline route, will be planted with a combination of evergreen and deciduous trees. A typical planting detail will be developed and submitted for subsequent approval Existing Vegetation, Snow Storage, Dumpster, Drainage Patterns, Unusual Features The following features are included in the Preliminary Conceptual Landscape Plans for the Facility Site (Figure 1) and Well Pad (Figure 2): Locations where existing vegetation has been, and will continue to be retained; Snow storage areas; Security fencing; Access and egress routes; Routes for utilities (water, sewer, gas, electricity, telephone); Dumpster (Facility Site only); and Buildings. Drainage patterns on the Well Pad are included in Figure 2. A bald eagle nest was considered in the design and configuration of the well pad; the development provided for a 330 -foot nest protection buffer zone around the eagle nest. The drainage patterns for the Facility Site are shown in Figure 3, and site features restricting and affecting development and drainage on this site are identified in Figure 4. The facility layout and design was developed to avoid wetlands to the greatest extent practicable. Wetland impacts on the facility site were reduced to less than 0.34 acre. Building Descriptions and Dimensions Only one building will be constructed on the Well Pad; a 1,600- square foot Motor Control and Telemetry Building (Figure 2). Figure 2 also includes the location of a containment structure that will be constructed on this site. Figure 1 (inset) identifies the locations of the buildings on the Facility Site and the separation distances. The dimensions and square footage these buildings are as follows: Building Height feet Dimensions feet Area s uare feet Office /Control Building 14 40 x 120 4,800 .Auxiliary-Building 20 50 x 90 4,500 Compressor Building 28 stack 52' 70 x 100 7,000 Gas Meteriga Building 14 20 x 80 1,600 Glycol Regeneration Building 20 24 x 56 1,344 Total 19,244 Parking The well pad will not have specifically identified parking; normally there would be only occasional use by one or two individuals for approximately one hour per day. Six parking spaces would be included on the Facility Site. One will be allocated to ADA parking. The principle use of this parking would be for employees (typically two individuals per shift), and for potential visitors such as inspectors, service providers, and deliveries. The general public will not be permitted on the site. CINGSA Landscape /Site Plan Application Page 2 of 5 April 21, 2011 132 Land Use —Well Pad Current Use: Vacant Land Surrounding Properties: North: City of Kenai boat launch exit South: Boat Launch Road -- access to City of Kenai Boat Launch East: Bridge Access Road West: Boat Launch Road and City of Kenai Boat Launch CINGSA Landscape /Site Plan Application Page 3 of 5 April 21, 2011 133 Project. Cook Inlet Natural Gas Storage, LLC Kenai, Alaska Legal Description For Gas Well Pad Parcel Legal Description for a parcel of land located within Tract 1= Boat Ramp Subdivision according to Plat Number 2005 -122 Kenai Recording District in the NW % NE ,f Section 9, T5N, R11 W, S.M. Alaska, in the City of Kenai, more particular described as follows: Beginning at the E 1116 Corner common to Sections 4 and 9, thence N 89 053'50 "W 410.67 ft. to the NE corner of Tract E Boat Ramp Subdivision, a point on the westerly right-of-way line of the Bridge Access Road, thence southerly along the arc of a curve 342.50 ft. with a Radius of 2764.78 ft. and a Central Angle to the right of 7 005'52" to the NE corner of Tract i= Boat Ramp Subdivision, the Cornea 1 and the true point of beginning of this tract;. Thence continuing southerly 644.03 ft. along said right-of-way line on an arc of a curve with a Radius of 2764.78 ft. and a Central Angie to the right of 13 °20'46" to Corner 2; Thence N 89 °54'04 "W 564.23 ft. to Corner 3, Thence N 00"05'66"E 605.88 ft. to a point on the northerly boundary of Tract V Boat Ramp Subdivision and Corner 4 Thence N 88 °18'28 "E 389.75 ft. along said northerly boundary to Corner 1 and the T.P.O.B.; encompassing 6.90 acres of land. The parcel is shown on the attached Exhibit A. TH* Prepared By: M. Scott McLane, LS 4928 134 Exhibit - CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING C9 342,50 2764.78 7'05'52 171.47 342.28 C2 644.03 2764.78 Q'-29'46" 323.48 642.57 595' 0'1 "1 PftwccT MCLANE CONSULTING INC. ENGINESRINO - Teglm6 S11RVEYWO - MAPPING P.0.80X 458 S01007NA, AR-Rb 8p VOICEI;i (Q87) 2&"219 ��a� 4kw Ine ti+�n¢MQVAWEOG.00M SEC, 4 SEC. 9 Igo. 2 4lJ C7 WIN COOK INLET NATURAL GAS STORAGE LLC REV1810N; ' Gas Well Pad Parcel DA'C- s MAR 10 ORAWNByr &A.M. 100nT1ON NW Y4 NE Y4 SEC. 9 T5N RI 1W SM scA1E: 259 Fr. CITY OF KENAI, ALASKA PROEM NO. 0930N BOON ND. CLIENTS COOK INET NATURAL GAS STORAGE, LLC ""l T OF t 135 -- 11 CA) Cy) Motor Control and Telemetry euiidinq 10'x 16'x 14' Tank Containment .0 x 25' U- Y — — — — — — — — — — — — — — — — — — — — ul LLi 33. ............... AWI� LZLI 330' Bald Eagle Nest J Protection Buffer Zone, N 0 TH o.IE I SCALE W �-7 Fihi TRACT F KN 2005-122 STATE OF ALASKA o rL, sLop" 321.5D 33.0 ( Inlet Natural Gas Storage Alaska LLC of Kenai Landscape/Site Plan Application 7j,"IFigure Z P , reliminary Conceptual Landscape Plan - Well Pad E)0s1,&n cmp�N 1, DB x:4400 E: 4.300 IN n Five injection/ Withdrawal Wells 4 N I Bat Launch' e� N Legend Seeding with Native Grasses Drainage F;edi =nTSTheTd4E=,d� 9 Existing Vegetation Retained Snow Storage Areas N: 4050 310 E: 4300 0 16 -inch Gathering Line V 81 42 Security Fence Electrical Power i. CA) A w P I .ii<fLli'.r� Tax id:4945010 Zonin :HEAVY INDUSTRIAL Lot Size: 25.62 acres Assessed Value:$393 200.00 N W +E S •ss 201042 N _ Planning and Zoning Permits Conditional Use Permit Well Pad Building Permits Utility Services Tested Owner (s) ALASKA STATE D N R Property Address 1430 BRIDGE ACCESS RD Kenai, AK 199611 Mailing Address 550 W 7TH AVE STE 650 ANCHORAGE, AK 9950'1 Legal Descri tion T 5N R 11W SEC 9 SEWARD MERIDIAN KN 2005122 BOAT RAMP SUB TRACT i= Meeting Cook Inlet Natural Gas Storage, LLC 1011312010 Approved RW "Villa 9 e with a Past, C# with a FutuIld re" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 FAX: 907- 283 -3014 (IL� 1992 MEMO: TO: Krista Stearns, City Attorney THRU: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant+ J DATE: May 6, 2011 V" SUBJECT: Board of Adjustment Decision (BA- 10 -03) — Disque Appeal — 2021 Wyatt Way On December 23, 2010, The Board of Adjustment issued a decision in the above - referenced case. The decision provided an opportunity for the property owner, Lynford Disque, to cure several violations by a deadline of May 1, 2011. Page 13 of the decision lists items that must be cured no later than May 1, 2011 included the following; (i) Remove all of the debris in the foreground of the photographs at R. 9 -90; (ii) Remove from the Property at least six vehicles from the Property. Mr. Disque may satisfy this requirement by signing over to the City the title to a vehicle or vehicles and authorizing the City to enter onto the Property of the City's convenience to remove and dispose of the vehicles. (iii) Remove from the Property or store any remaining vehicles, including the school bus, so that any vehicles that are not current in their state registration or that otherwise meet the City code definition of `junked vehicles" cannot be viewed from any public ways and neighboring properties, whether or not the vehicles are related to the Dodge restoration activities of Mr. Disque. (iv) Remove the wreckage of the mobile home from the Property (the mobile home is pictured at R. 90, 93); and (v) Inform the City administration by contacting the City Planner or the City Manager on or before May 9, 2011, that he has met all of the above tasks 139 Disque, Lynford B., - BOA Decision and permit the City administration on the Property to inspect for compliance of these requirements. On May 5, 2091, the property was inspected. Based on that inspection the following observations were documented: (i) Remove all of the debris in the foreground of the photographs at R. 9 -10; a. Various photos taken on 515111 show no change from photos taken on 10/19/10 & 11/4/10. (ii) Remove from the Property at least six vehicles from the Property. Mr. Disque may satisfy this requirement by signing over to the City the title to a vehicle or vehicles and authorizing the City to enter onto the Property at the City's convenience to remove and dispose of the vehicles. a. The City has had no contact with the property owner. Photos taken on 515111 show no change from photos taken on 10/19/10 & 1114110. (iii) Remove from the Property or store any remaining vehicles, including the school bus, so that any vehicles that are not current in their state registration or that otherwise meet the City code definition of `junked vehicles" cannot be viewed from any public ways and neighboring properties, whether or not the vehicles are related to the Dodge restoration activities of Mr. Disque. a. The City has had no contact with the property owner. Photos taken on . 515111 show no change from photos taken on 10/19/10 & 1114110. (iv) Remove the wreckage of the mobile home from the Property (the mobile home is pictured at R. 10, 13); and a. Photos taken on 515111 show no change from photos taken on 10/19/10 & 1114110. (v) Inform the City administration by contacting the City Planner or the City Manager on or before May 1, 2011, that he has met all of the above tasks and permit the City administration on the Property to inspect for compliance of these requirements. a. The City has had no contact with the property owner. Based on this information it appears Mr. Disque has failed to meet any of the conditions from the Board of Adjustment decision. cc: Rick Koch, City Manager Planning & Zoning Commission 140 Disque is subject to administrative fines from November 4, 2010, until he cures the violations. The Board is sensible to the concession Mr. Disque made at the hearing, however, that he acknowledges that at least six vehicles should be removed from the Property but he did not have the funds to do so. Mr. Disque also stated that other materials and equipment could be hidden from view behind trees and he recognized that the wrecked mobile home should be removed. Accordingly, if Mr. Disque completes all of the following on or before May 1, 2011, the City shall forgive the administrative fines that will otherwise accrue until Mr. Disque removes the violations: (i) Remove all of the debris in the foreground of the photographs at R. 9 -10; (il) Remove from the Property at least six vehicles from the Property. Mr. Disque may satisfy this requirement by signing over to the City the title to a vehicle or vehicles and authorizing the City to enter onto the Property at the City's convenience to remove and dispose of the vehicles. (Iii) Remove from the Property or store any remaining vehicles, including the school bus, so that any vehicles that are not current in their state registration or that otherwise meet the City code definition of "junked vehicle" cannot be viewed from any public ways and neighboring properties, whether or not the vehicles are related to the Dodge restoration activities of Mr. Disque. Board of Adjustment Decision — Disque Appeal Council .DoA /Disgoe.decision.122010 141 Page 13 of 17 (iv) Remove the wreckage of the mobile home from the Property (the mobile home is pictured at R. 10, 13); and, (v) Inform the City administration by contacting the City Planner or the City Manager on or before May 1, 2011, that he has met all of the above tasks and permit the City administration on the Property to inspect for compliance with these requirements. It is Mr. Disque's responsibility to pay for the cost of this work with the exception that the City will pay for the cost of removal of up to six vehicles that Mr. Disque offered to sign over to the- City at the hearing. The Board feels this is a practical, partial solution to meeting the ultimate objective of code enforcement—to obtain compliance. This is, in fact, a "last chance" for Mr. Disque to avoid the consequences of administrative fines and the Enforcement Order. If Mr. Disque does not completely cure the code violations discussed herein by May 1, 2011, there will be no more extensions and the fines of $9,000 (180 days x $50 per day) shall be due to the City. The City administration may thereafter take any and all legal action permitted to the City by law to recover those fines and to forcefully abate the violations. These actions could include obtaining court judgments against Mr. Disque, filing liens against the Property, and entering the Property to remove the conditions identified above as may be allowed by law and /or court order. Board of Adjustment Dccision— Disque Appeal CounctLBoA/Disque.decision, ] 22010 142 Page 14 of 17 Photos of 2021 Wyatt Way — Lynford B. Disque Looking down the driveway from Wyatt Way photo shows piles of old metal pipes off to the side of the driveway, and at least 4 vehicles that meet the junk vehicle definition. K9(10/19/10) Old metal air ducting and an old bathtub lay along the side of Wyatt Way. K10(10/19/10) Looking down the driveway from Wyatt Way photo shows piles of old metal pipes off to the side of the driveway, and at least 4 vehicles that meet the junk vehicle definition. Front of old mobile home. K10(10/19/10) Page 1 of 5 Photos of 2021 Wyatt Way — Lynford B. Disque Looking down the driveway from Wyatt Way photo shows piles of old metal pipes off to the side of the driveway, and at least 4 vehicles that meet the junk vehicle definition. K13(11/4/10) View from Wyatt Way old mobile home along the right side of property. K10(10/19/10) View from Wyatt Way, old school bus blocks additional driveway into the property. K13(11/4/10) Page 2 of 5 Photos of 2021 Wyatt Way — Lynford B. Disque View from Wyatt Way, old mobile home along the right side of property. K13(11/4/10) Metal pipe and other debris off to the side of driveway. (5/5/11) Metal pipe and other debris off to the side of driveway. (5/5/11) Page 3 of 5 Photos of 2021 Wyatt Way — Lynford B. Disque Vehicles from previous inspections have not moved from prior inspections. Mobile home is still on the property and shows no signs of change. (5/5/11) Vehicles from previous inspections have not moved from prior inspections. (5/5/11) Old air ducts and a bathtub are lying along the side of Wyatt Way. (5/5/11) Page 4 of 5 Photos of 2021 Wyatt Way — Lynford B. Disque Mobile home is still on the property and shows no signs of change. (5/5/11) School bus has not been move. (5/5/11) Page 5 of 5 +� Project Tracking Sheet Ile T-1 CEN Project Start: r Completed: KRC # 8718 App. Start Date: 05/06/2011 Tax Credit: ❑ Cost Share: ❑ j REAM STRUCT'- Parcel _ _ - ••_.....- -- _ -.... _ _ No: Riv. Mlle Applicant: GALA - -- -- �-,- -.- - ^- : -.ODS, INC.__..._.__.. _- ._- •-. -:- Parcel ..,.._....._....._.M. -� Pro Name; INST URE _ _ MATOF SEAFO Contact Name: ISCOTT, ROBERT COE Location: KENAI RIVER COE Pmt.Explres COE JD E=xpires: Comments: REPL�ICE 4 FENDER FILES DUE 70 IC>w gAMAGE; THIS SPRING. CC: DN _ - _ COE -KFO: © COE: ❑ MINING LIST: ❑ SBCFSA: ❑ TAX: ❑ CZM: 0 OPMP: ❑ USFWS: ❑ KNWR: ❑ COK: Q COS: [] ADF &Gl5F: El Al: Al Req Date: Al Rec Dale: # Days Review Susp Amend 9 Revr Permit # Resp Due Revised Due Inspect Recm Renm Dat Auth Final Action 1 mate Expiry FP Hab Prt. JC 0 06/06/209 9� �] Tax Cr9 CZM o 1�(�� Parks LEI— 06/06/2011 L -- - - - -� _._...._�L`_! ©�_1 ADFG CPL D ID # Comments Due Revised Due Date Comm Sent OPMP; 0 0 Authorities (Ruth) i Recm - Comments Only 011W KPB -11F ____. RA) Rec Approval 840) Fish Possage 070) Allowable — RD) Rec Denial 870)Anad. Water 080) Conditional Use GC) General Comments 890))?tnergency —090) Prior Existing — NR) Not Reviewed WD) Withdrawn /closed ;E+P` OAO) Tax Credit — CG) Generally Consistent — 040) Allowable _O50)CompliAnce T CA) Consistent w /Altern atives 050)Compliance _030) Variance IN) Inconsistent _ 060) SMFDA/Non FIRM — 030) Varimrce 149 Data Final Deter Rec'd T Final Action - - D) Dented 1) 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 Q 133Hs 3dd Mug C- cri 0 UMW axwau km"— 9j r�aaK� loos at tp et�rts or- 1 ji -Tvol ;ww ot -uDhw 0-4udro ha Avre uam 30" *L M d V. —klVPKn.t9Pj Kenai Peninsula Borough Kenai Peninsula Borough Parcel Page 1 of 1 generated on 516120117:41:03 AM EDT 2011 NOTICE VALUES ARC NOT CERTIFIED AND ARR SUBJECT TO APPEAL, CERTIFIED VALUES FOR 2011 WILL NOT BE AVAILABLE UNTIL JUNE 1, 2011 Parcel Number Tax Account Parcel Address 2011 Total Data as of Assess Value Year 0490113ILHI 672 BRIDGE ACCESS RD, KENAI $2,132,800 2/2812011 2010 Owner Name Owner Address Transfer Date Document # Deed Book /Page Owner Information SALAMATOF SEAFOODS INC PO BOX 1450 KENAI AK 99611 -1450 02/25/2010 2010061455 Location / Description Taxing Unit 30 Base MAP KR05 Deeded Acreage .0000 Legal Desc. T 5N R 11 W SEC 4 Seward Meridian KN LSEHOLD EST CREATED BY LSE @12916 & AS DESCRIBED IN AMD LSE @10 -1455 W11 PTNS OF GL 10 & PTNS OF LTS 2 & 4 IN USS 4563 AMD Parcel Type Property Class Code 651 Leased Commercial Assessment Information 2011 Land Value $809,500 2091 Imp. Value $1,323,300 2011 Total Value $2,132,800 Prior Land Value Prior Imp. Value li tp: flak- kenai- property.goversama c. con / propertyii *UGRM/tab- parcel_v0701.asp ?Print... 05/06/2011 bl