HomeMy WebLinkAbout2011-06-08 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 8, 2011 - 7:00 p.m.
6 to 7:00 p.m.
City of Kenai
Comprehensive Plan Update
Land Use — Review Development & Zoning
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. *May 25, 2011 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ11 -22 — An application for a Conditional Use Permit for the motocross track at the
Twin Cities Raceway located at 490 Shotgun Drive (E1 /2SW 1 /4NW 1 /4NE1 /4 and
E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1 /4NE1 /4 and NE1 /4SW1 /4NE1 /4 and
E1 /2SW1 /4SW1 /4NE1 /4 and SW1 /4SE1 /4NE1 /4 and S1 /2NE1 /4SE1 /4NE1 /4 containing
50 acres more or less). Application submitted by Kenai Peninsula Racing Lions, P.O. Box
2755, Soldotna, Alaska. 15
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. Lease application — Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA
Subdivision (155 Granite Point Court). Discussion/Recommendation. 79
b. Summer schedule, work sessions, and Council's direction to hold a public hearing on
August 17, 2011 related to Ordinance No. 2546 -2011 (Amending KMC 14.22.010, Land
Agenda
June 8, 2011
Page 2
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.) Discussion. 87
c. Kenai Peninsula Borough Ordinance 2011 -12 — An Ordinance amending KPB 21.18.025
to add addition water bodies subject to anadromous stream habitat protection. 91
Discussion.
8. PENDING ITEMS:
9. REPORTS:
a. City Council 109
b. Borough Planning 113
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: June 22, 2011
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY 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
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.
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.
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 E112, Sec. 6, T5N, R11 W, SM.
Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna,
Alaska.
d. PZ11 -20 — Preliminary Plat — Silver Pines Part 2 — A replat of Tract A, Silver Pines Part
1 (KRD 85 -209) located in the NW 'A Section 31. T6N, R11 W, SM. Plat submitted by
Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska.
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.
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.
1
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 1420.290.
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 & W1 /2 & W1 /2 W1/2 SE1 /4 of
Section 24 & W1 /2 & W1 /2 El /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.
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
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
T6NR11 W Section 36 (420 Shotgun Drive). Application submitted by Hattenburg
Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai.
b. PZ11 -12 — Landscape /Site Plan — Facility Site — T5N11 W 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.
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.
d. Memo to Attorney Stearns dated 5 /6 /11 regarding Board of Adjustment -- Disque. Status.
e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access
Road. Dock repair.
12. NEXT MEETING ATTENDANCE NOTIFICATION: June 8, 2011
2
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
3
ITEM 1:
CITY OF KENAI
PLANNING & ZONING COMMISSION
MAY 25, 2011
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
CALL TO ORDER
MINUTES
Chair Twait called the meeting to order at approximately 7 :00 p.m.
1 -a. 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. Rogers, T. Navarre, J. Twait, P. Bryson,
H. Knackstedt, K. Koester
S. Romain (excused)
City Planner M. Kebschull, Administrative Assistant
N. Carver, Deputy City Clerk C. Hall
Commissioner Knackstedt MOVED to approve the agenda with the addition of a
revised site plan for Buccaneer Alaska Operations, LLC and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
1 -d.
MOTION:
Consent Agenda
Commissioner Navarre MOVED to approve the consent agenda and Commissioner
Rogers SECONDED the motion. There were no objections. SO ORDERED.
1 -e. *Excused Absences
• Commissioner Romain
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
4
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 -- May 11, 2011
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS
4 -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.
MOTION:
Commissioner Bryson MOVED to approve PZ11 -17 and Commissioner Navarre
SECONDED the motion.
City Planner Kebschull reviewed the staff report included in the packet.
Twait read the rules for public hearing and opened the meeting to public comment.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
VOTE:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
4 -b.
MOTION:
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.
Commissioner Knackstedt MOVED to approve PZ11 -18 and Commissioner Navarre
SECONDED the motion.
Kebschull reviewed the staff report included in the packet.
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 2
5
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed.
VOTE:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
4 -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, R11W, SM. Plat submitted by
Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ11 -19 with staff recommendations and
Commissioner Knackstedt SECONDED the motion.
Kebschull reviewed the staff report included in the packet, recommending approval
with the following contingencies:
Vacations must receive concurrence from other utility companies.
Water main off Overland Avenue must be abandoned and may require
alternate water service to the structure located on Lot 4A.
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed.
Comments included:
• The intent of the plat was to eliminate property lines.
Whether there would be more right of way for sidewalks was reviewed
and found not to be feasible.
The tract originated with the original Townsite plat.
There would be no encroachments.
The applicant was finalizing design plans and a conditional use permit
and variance application would be forthcoming.
VOTE:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 3
6
MOTION PASSED UNANIMOUSLY.
4 -d. PZI 1 -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,
R11W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam
Gulch, Alaska.
MOTION:
Commissioner Knackstedt MOVED to approve PZ11 -20 with staff recommendations
and Commissioner Navarre SECONDED the motion.
Kebschull reviewed the staff report included in the packet and recommended approval
with the following requirements:
• Request and receive an exception from KMC 14.10.070(a) and KMC
14.10.070(d) (3).
• If an exception is not received, any dedication would require an
installation agreement and construction of right -of -ways.
Twait opened the meeting to public comment:
Crystal Olinder, Sterling -- Spoke in support of the exception, noting the lot would be
used for a single- family dwelling and there would be no subdivision.
There being no one else wishing to speak, the public hearing was closed.
Commissioner comments included:
• Expressed concern with access for safety vehicles.
• The plat would be reviewed by the City and then the Borough.
MOTION TO AMEND:
Commissioner Navarre MOVED to amend PZ11 -20 by adding the following:
1. Exception is granted from KMC14.10.070(a) and KMC 14.10.070(d)(3) and
exception must be received from the Borough. If no exception from the
Borough, then the following applies:
2. If an exception is not received, any dedication will require an installation
agreement and construction of right -of -ways.
Commissioner Bryson SECONDED the motion.
VOTE ON AMENDMENT:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 4
7
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
5 -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.
MOTION:
Commissioner Knackstedt MOVED to approve PZ 11 -14 and Commissioner Navarre
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the following
conditions existed:
• The encroachment did not encroach into a right -of -way or utility
easement.
• This was a single - family dwelling which was a permitted use in the
district.
• The encroachment did not cross the lot line.
Twait opened the meeting to public comment.
Mark Schrag, 312 Princess, Kenai. -- Applicant spoke in support of the permit.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process.
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 5
8
5 -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.
MOTION:
Commissioner Bryson MOVED to approve PZ11 -15 with staff recommendations and
Commissioner Rogers SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting the following criteria
needed to be met:
1. Special conditions or circumstances were present which were peculiar to the
land or structures involved and were not applicable to other lands or
structures in the same zoning district.
2. The special conditions or circumstances were not caused by actions of the
applicant and such conditions and circumstances did not merely constitute
a pecuniary hardship or inconvenience.
3. The granting of the variance would not authorize a use that was not a
permitted principal use in the zoning district in which the property was
located.
4. The granting of a variance would be the minimum variance that would
provide for the reasonable use of the land and /or structure.
5. The granting of the variance would not be based upon other non - conforming
land uses or structures within the same land use or zoning district.
Twait opened the meeting to public hearing.
Charles Winegarden, 309 Princess, Kenai -- Spoke in support of the variance.
Nancy Schrag, 312 Princess, Kenai -- Spoke in support of the variance.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process.
5 -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
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 6
9
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.
MOTION:
Commissioner Navarre MOVED to approve PZ11 -16 and Commissioner Knackstedt
SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting corrections had been
made.
Twait opened the meeting to public hearing.
Barry Eldridge, 2679 Bowpicker Lane, Kenai - - Noted a typographical error on page
50.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Navarre MOVED to amend PZ11 -20 by changing (i) to (h) on page 50
and Commissioner Knackstedt SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
5 -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
&W1 /2 &W1 /2W1/2SE1/4 of Section 24&W1/2&W1/2E1/2of
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.
MOTION:
Commissioner Navarre MOVED to approve PZ 11 -21 and Commissioner Rogers
SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 7
10
Kebschull reviewed the staff report included in the packet, noting the following criteria
needed to be met:
• The use was consistent with the purpose of the chapter and the
purposes and intent of the zoning district.
• The value of the adjoining property and neighborhood would not
be significantly impaired.
• The proposed use was in harmony with the Comprehensive Plan.
• Public services and facilities were adequate to serve the proposed
plan.
• The proposed use would not be harmful to the public safety,
health or welfare.
• Any and all specific conditions deemed necessary by the
Commission to fulfill the above - mentioned conditions should be
met by the applicant. Those could include, but were not limited to
measures relative to access, screening, site development, building
design, operation of the use and other similar aspects related to
the proposed use.
Kebschull recommended approval with the following requirement:
1. All permits required from City, State and Federal agencies must be
approved prior to construction of the facility.
Twait opened the floor to public comment.
Sam McLane, 36745 Chinulna Drive, Kenai -- Noted the right of way had been
increased from 40 to 50 feet and for emergency response, the facility would be
addressed.
Chris Pearson, 709 Highbush, Kenai -- Reported he was removing debris as required
before June 15, 2011 and the Conditional Use Permit sign was in a poorly visible spot.
When asked if he had received notification, Pearson answered yes.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Navarre MOVED to amend PZ11 -21 to include staff findings and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion.
There were no objections. SO ORDERED.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend PZ11 -21 to incorporate staff comments.
Commissioner Navarre SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 8
11
Rogers
YES
Navarre
YES
Twait
YES
Bryson
YES
Romain
EXCUSED
Knackstedt
YES
Koester
YES
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process.
ITEM 6: UNFINISHED BUSINESS -- None
ITEM 7: NEW BUSINESS -- None
ITEM 8: PENDING ITEMS -- None
ITEM 9: REPORTS
9 -a. City Council -- No report.
9 -b. Borough Planning -- Commissioner Bryson reviewed the May 23, 2011
Borough Planning Commission agenda included in the packet.
9 -c. Administration -- Kebschull gave the Commissioners homework for the
Comprehensive Plan meeting on June 8, 2011; noted the June 8, 2011 meeting would
include a Conditional Use Permit for the motocross at the Twin Cities Raceway and
reported 323 notices to parties within 'A mile of the raceway were sent.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
Kristine Schmidt, 513 Ash Avenue, Kenai -- Reported resolutions do have public
hearings and asked the Commission to develop new standards for public notice
through their work on the Comprehensive Plan.
ITEM 11: INFORMATION ITEMS
11 -a. PZ11 -11 - Landscape /Site Plan - Alaska State Land Survey 76 -118 ADL
72801 T6NR 11 W Section 36 (420 Shotgun Drive) . Application
submitted by Hattenburg Dilley Linnell, 202 Elmwood Avenue, Palmer,
Alaska for City of Kenai.
11 -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.
11 -c. PZ11 -13 - Landscape /Site Plan - Well Pad - Tract F, Boat Ramp
Subdivision (1430 Bridge Access Road). Application submitted by Cook
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 9
12
11 -d.
11 -e.
Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage,
Alaska.
Memo to Attorney Stearns dated 5/6/ 11 regarding Board of Adjustment
- Disque. Status.
Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672
Bridge Access Road. Dock repair.
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION
12 -a. June 8, 2011
No commissioners requested an excused absence for the June 8, 2011 meeting.
ITEM 13: COMMISSION COMMENTS & QUESTIONS
Navarre -- Thanked Administration for the homework and requested a timeline be
discussed at the next meeting. Kebschull noted she would add a timeline as a
discussion item for the June 8 meeting.
Koester -- Thanked Navarre for his comments.
Knackstedt -- Thanked Navarre for his comments and noted he had seen a flare from
his neighborhood.
ITEM 14:
MOTION:
ADJOURNMENT
Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 9:05 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
MAY 25, 2011
PAGE 10
13
STAFF REPORT
To: Planning & Zoning Commission
Date: May 19, 2011
Res: PZ11 -22
GENERAL INFORMATION
Applicant:
Kenai Peninsula Racing Lions
P.O. Box 2755
Soldotna, AK 99669
398 -7354
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Conditional Use Permit — Motocross Track
E1 /2SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4
and SW1 /4NW1 /4NE1 /4 and NE1 /4SW1 /4NE1 /4 and
E1 /2SW1 /4SW1 /4NE1 /4 and SW1 /4SE1 /4NE1 /4 and
S1 /2NE1 /4SE1 /4NE1 /4 containing 50 acres more or less as
shown on Attachment A of Kenai Peninsula Borough Land
Use Permit Project #04 -15
490 Shotgun Drive
Portions of 041- 030 -50 and 041 - 020 -52
RR — Rural Residential
Vacant/Twin Cities Raceway
Rural Residential
General Information:
Kenai Peninsula Racing Lions operate the Twin Cities Raceway located at 490 Shotgun
Drive. The property is owned by the Kenai Peninsula Borough. The Lions operate the
facility through a Land Use Permit with the Borough. The property is located in a Rural
Residential (RR) zone. Commercial recreation requires a Conditional Use Permit in the
RR zone. The raceway has operated from this location since the early 1970's and is
considered non - conforming under KMC 14.20.050. Due to the non - conforming status,
the raceway may be operated but may not be expanded without a Conditional Use Permit.
The Kenai Peninsula Borough researched the historical use of the property and provided
the following chronological history based on the results of that research:
➢ July 21, 1971 — The City of Kenai submitted a letter to the State of Alaska,
Department of Natural Resources requesting a lease for a portion of this property.
The letter identified the proposed use for facilities included a 3/8 mile oval race
15
PZ11 -22 - Comments Page 2
track for stock cars, motor cycles, snow machines, etc. Also, identified was the
plan for a' /4 mile drag strip.
D April 24, 1972 — ADL55120 generates a 55 -year lease agreement with the City of
Kenai for a Spectator Sports Development. This lease would have expired in
2027.
D February 11, 1974 — Kenai Peninsula Racing Association (KPRA), a non -profit
organization inquires about taking over the lease from the City.
D May 17, 1974 — City of Kenai assigns the lease to KPRA.
➢ September 10, 1976 — KPRA assigns the lease to Twin City Raceway, Inc.
D September 3, 1982 — Kenai Peninsula Borough (KPB) received Patent 6618 from
State of Alaska.
D 1984 — City of Kenai zones the property Rural Residential (Ordinance No. 925).
D April 1987 — Twin City Raceway assigns lease to Freddie Pollard and Gary Frost.
D 1992 — Freddie Pollard and Gary Frost assign lease to Alaska Circle Track
Association (ACTA).
> 1996 — KPB classifies land Recreational per Resolution 96 -057.
D 1997 — KPB amends lease to reflect transfer to ACTA.
D 2001 -- Motocross track is developed and becomes operational (per Barney
Phillips and aerial photography interpretation).
D 2002 — ACTA dissolve and reorganizes as the Kenai Peninsula Racing Lions
(KPRL).
D 2004 — KPB terminates lease as KPRL assumes possession of racing facility by
applying for a Land Use Permit from KPB.
> 2005 — Environmental site assessment is conducted by KPB. It concludes past use
has not resulted in contamination.
D. 2010 — KPRL applies for lease agreement for 157 acres.
D 2010 — City of Kenai expresses interest in 60 acres on the east side of the parcel
for wellhead protection.
D 2010 — Assembly authorizes Ordinance 2010 -36 which grants a lease of 97 acres
for a term of 30 years to KPRL.
Based on the above information, the motocross track located at this facility was
constructed in approximately 2001 without the appropriate zoning permit. On
April 28, 2011, after receiving the above information from the Borough, the City of Kenai
sent a letter to Jackie McGahan, President of KPRL. The letter recognized the non-
conforming status of the race track. But noted that based on the information from the
KPB and aerial photographs that the motocross track was an expansion of the non-
conformity and under KMC 14.20.050 required a Conditional Use Permit. On
May 12, 2011, an application for a Conditional Use Permit for the Motocross Track was
submitted. The KPRL, through KPB Land Use Permit #04 -15, is authorized to apply for
the permit.
The organization has submitted a thorough application which describes the organization,
and the activities at the track including hours and days of operation. Also provided is a
copy of the Spill Prevention Control and Countermeasure Plan for the operation. Marcus
Mueller, Land Management Officer for Kenai Peninsula Borough, has provided a letter to
the Lions. The letter provided notice to the organization that they must comply with the
16
PZ11 -22 - Comments Page 3
City of Kenai's zoning requirements. The letter also states that the KPB has not
authorized any expansion of use beyond the current improvements on the premises. One
exception is noted and that is in regards to the Caring for the Kenai sound barrier project.
Copy of letter is attached.
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The
criteria are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
This property is located in the Rural Residential. The RR Zone is intended to
provide for low density residential development in outlying and rural areas in
a form which creates a stable and attractive residential environment. The
specific intent in establishing this zone includes separating residential
structures to preserve the rural, open quality of the environment and to
prevent health hazards in areas not served by public water and sewer. And, to
prohibit uses which would violate the residential character of the environment
or generate heavy traffic in predominantly residential area. Under KMC
14.20.150 it is recognized that 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.
Twin Cities Raceway has existed in this location since the early 1970's which
is prior to the City of Kenai assuming zoning powers (1984). In 1984, the
property was classified as Rural Residential which was a classification used
for all lands which had not been otherwise zoned. The area is surrounded by
similarly zoned parcels. Development in the area is limited by wetlands and
lowlands. Land to the north, south, and west is undeveloped. The Snowshoe
Gun Club is located to the east outside of city limits. There is no residential
development in the vicinity of the track.
The facility has operated from this location for over 30 years. There is 110
residential area in proximity to the facility. The permit is to add the
motocross track to the legally non - conforming facility. It appears that the
motocross track is consistent with the existing use and is consistent with the
intent of the chapter.
2. The value of the adjoining property and neighborhood will not be significantly
impaired.
This facility is not located in a neighborhood Adjoining properties are
undeveloped and located in an area restricted by lowlands and wetlands.
There is no evidence that the value of the adjoining property will be impaired.
17
PZ11 -22 - Comments Page 4
3. The proposed use is in harmony with the Comprehensive Plan.
The Comprehensive Plan classifies the area as Rural Residential. The Plan
defines the classification as, "The 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." Based on
development and development options in this area, the classification does not
correspond to development in the area or the topography. It is unlikely the
land could be developed as residential except in isolated situations. The Plan
recognizes that the maps are a guide and that the exact definition of land uses
by parcel is determined by revisions to the zoning map.1 To conform to the
Plan, the zoning of this area should be reviewed and possibly modified to
provide for the longstanding, historical use. The facility has operated for over
30 years. The expansion of the motocross track occurred approximately 10
years ago. It appears the use has been operated in harmony with the Plan.
4. Public services and facilities are adequate to serve the proposed use.
The facility is not served with City water and sewer. City Police and Fire
Departments provide public safety services to the facility and services are
sufficient to serve the site. Public services and facilities are adequate.
5. The proposed use will not be harmful to the public safety, health or welfare;
As part of the KPB Land Use Permit, the Kenai Peninsula Racing Lions were
required to prepare a Spill Prevention Control and Countermeasure Plan.
That plan identifies emergency contacts in case of a spill, identifies
countermeasures in case of a spill, and limits the amount of materials that
may be stored at the site. These measures are in place to protect the
environment from possible contamination. This plan also meets the City's
Drinking Water Source Protection Plan, Section 1, Priority 2 to seek voluntary
environmental protection measures from land owners to protect Well Two
from contaminant risk from nearby land uses.
To address possible impacts from noise, the organization has implemented
schedule for hours of operation which restricts use of the motocross track.
The schedule is included with the application. On May 25`h, a statement was
submitted to the City from one of the Association members, Scott Bowen, who
took decibel readings on the day of the first motocross event (5/21/11). The
statement is attached. It shows levels at various locations during the race.
The information is unsubstantiated but additional readings could be taken or
required by an unbiased party. Also attached for reference is a decibel
comparison chart downloaded from an Internet site.
Additional signage will be posted to control access from trespassers. To
assist with restricting unauthorized use of the facility, the organization
initiated a camp host program.
1 City of Kenai Comprehensive Plan, Page 25.
18
PZ 1 1 -22 - Comments Page 5
The .application provides information related to the State of Alaska's rules for
"off road motorcycles." The organization explains that there are no State of
Alaska laws requiring decibel limits for exhaust systems for these vehicles;
however, they are taking a proactive approach. The approach will ensure
that machines entered in the organization's events do not exceed the maximum
decibels recommended by the American Motorcycle Association (AMA) and
are adopting the AMA standard To implement the standard, the organization
will be purchasing decibel meters and will be providing training to
motorcyclists on how to "repack" or rebuild the cycle's muffler system to
meet the standard.
Comments from the City of Kenai Police Chief and Fire Chief were solicited.
Kenai Police Chief Sandahl advised that in the last 5 years, the City has
received 5 noise complaints and the complaints did not provide a distinction
between the motocross facility and the circle track. Three of these complaints
were generated by the same complainant who recently moved to the area.
Chief Sandahl noted that he had no concerns with regards to general public
safety at the facility. He also recognized the risk to participants in this type of
activity but that the participants do so voluntarily.
Kenai Fire Chief Tilly commented that it is not uncommon for the Fire
Department to receive multiple calls for service when activities are being held
at the facility but added that he did not view the use as harmful to the public
safety, health or welfare.
Administration finds that the use is not 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.
See recommended requirements.
Building Official:
Building permits were not applied for nor issued for the buildings at the facility.
The existing, unfinished building at the race track must be completed in accordance with
code. An application for a permit and plans must be submitted as required for the
remainder of the work necessary to finish the building or for any other new construction
proposed. The existing stadium seating at the race track is acceptable in its current
condition, as a legal non - conforming structure.
All structures at the motocross track must be removed or considerably improved to be in
substantial compliance with current codes. Numerous deficiencies were observed at the
19
PZ11 -22 - Comments Page 6
observation/concession building (identified as tower operations on the site plan) and the
stadium seating structures and they are not acceptable for continued use. Application for
permits and plans will be required for all new work proposed to repair or replace the
structures.
RECOMMENDATIONS
The Kenai Peninsula Racing Lions are applying for a Conditional Use Permit for the
motocross track located at the facility. The property is owned by the Kenai Peninsula
Borough and is operated by the organization through a Land Use Permit.
The raceway has existed in this location since the early 1970's and is considered non-
conforming. Under Kenai Municipal Code, non- conforming uses may continue but may
not expand. According to Borough research, the motocross facility was developed
approximately 10 years ago without the appropriate zoning permit. To meet the City's
zoning and the Borough's mandate under the Land Use Permit, the organization is
applying for a Conditional Use Permit for the motocross track.
The property is located in the Rural Residential zone. The City assumed zoning powers
from the Borough in 1984 and this facility preexists the City's zoning. According to
research, the City of Kenai initiated the initial development of the facility by leasing the
property at the time from the State of Alaska. The zoning does not reflect the
longstanding use of the property and the Comprehensive Plan Land Use mirrors zoning.
However, the Comprehensive Plan notes the growing demand for more recreational
facilities and to promote the public /private collaboration for acquisition, development and
maintenance of neighborhood parks, youth sports facilities, and recreational areas.2 The
motocross track which is a part of the raceway, meets this policy.
The facility has operated in the City for almost 40 years. According to the Kenai Police
Department records, the City has received 5 complaints regarding noise over the last 5
years. The City's police and fire departments have sufficient resources to provide public
safety services to the facility.
Due to recent concerns with the operation of the facility and to ensure the City's water
sources is protected from contamination, a Prevention Control and Countermeasure Plan
was developed. The organization has also implemented several policy changes to address
concerns with the facility including limiting hours of operation, a camp host, additional
signage, and implementing adoption of the AMA standard for noise. The Lions
organization is a non - profit, service organization. As described in Attachment 5 of the
application, the organization provides multiple community services.
This longstanding facility has provided recreational opportunities for the community for
almost 40 years. The raceway operates as a non- conforming use. This application is to
expand that use to include the motocross track which was built approximately 10 years
ago. Recommend approval of the Conditional Use Permit for the continued operation of
the motocross track with the following requirements:
2 City of Kenai Comprehensive Plan, Pages 48, 49.
20
PZ11 -22 - Comments Page 7
1. The permit is limited to the existing facilities. Any expansion of the use would
require an amendment to the permit subject to a public hearing as required in
KMC 14.20.150(h). This restriction does not include the accessory uses which
support the principal use including the parking expansion, restrooms, trash
receptacles, and water manifolds as shown on the site plan. Also excluded from
this restriction is the BMX RC (Remote Control) Car Pit track due to the limited
effect on neighboring properties by such activities.
2. The Spill Prevention Control and Countermeasure Plan, December 2010, must be
updated to identify the location of the spill kit (Item 1.2).
3. In the event of a spill, the City of Kenai, Planning Department must be notified of
the incident.
4. The Caring for the Kenai Recycled Tire Sound Barrier will require a building
permit and must be reviewed and approved by the City of Kenai Planning and
Building Departments prior to construction.
5. Building construction concerns must be addressed as follows:
• The existing, unfinished building at the race track must be completed in
accordance with code. An application for a permit and plans must be
submitted as required for the remainder of the work necessary to finish the
building or for any other new construction proposed.
• All structures at the motocross track must be removed or considerably
improved to be in substantial compliance with current codes. Numerous
deficiencies were observed at the observation/concession building
(identified as tower operations on the site plan) and the stadium seating
structures and they are not acceptable for continued use. Application for
permits and plans will be required for all new work proposed to repair or
replace the structures.
ATTACHMENTS:
1. Resolution No. PZ11 -22
2. Application
3. KPB Letter dated 5/10/11
4. KPB Land Use Permit #04 -15
5. Scott Bowen Statement
6. Sample Sound Level Decibel Loudness Comparison Chart
21
KENAt ALASKA
la J e with a Past, Gi with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / Fax: 907 -283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -22
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: Kenai Peninsula Racing Lions
USE Motocross Track
LOCATED:
E1 /2SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1 /4NEI /4 and
NE1/4SW1/4NE1/4 and E1/2SW1/4SW1/4NE1/4 and SW1/4SE1/4NE1/4 and
S1 /2NE1 /4SE1 /4NE1 /4 containing 50 acres more or less as shown on Attachment A of Kenai
Peninsula Borough Land Use Permit Project #04 -15 — 490 Shotgun Drive
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: Portions of 041 - 030 -50 and 041 - 020 -52
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: May 12, 2011
2. This request is on land zoned: RR — Rural Residential
3. That the applicant has demonstrated with plans and other documents that they can and will meet the
following specific requirements and conditions in addition to existing requirements:
a. See Page 2.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280
on: June 8, 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
MOTOCROSS TRACK 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, JUNE 8, 2011.
CHAIRPERSON: ATTEST:
22
PZ 11 -22 Resolution. Page 2
Additional requirements:
1. The permit is limited to the existing facilities. Any expansion of the use would require an
amendment to the permit subject to a public hearing as required in KMC 14.20.150(h).
This restriction does not include the accessory uses which support the principal use
including the parking expansion, restrooms, trash receptacles, and water manifolds as
shown on the site plan. Also excluded from this restriction is the BMX RC (Remote
Control) Car Pit track due to the limited effect on neighboring properties by such
activities.
2. The Spill Prevention Control and Countermeasure Plan, December 2010, must be
updated to identify the location of the spill kit (Item 1.2).
3. In the event of a spill, the City of Kenai, Planning Department must be notified of the
incident.
4. The Caring for the Kenai Recycled Tire Sound Barrier will require a building permit and
must be reviewed and approved by the City of Kenai Planning and Building Departments
prior to construction.
5. Building construction concerns must be addressed as follows:
• The existing, unfinished building at the race track must be completed in
accordance with code. An application for a permit and plans must be submitted
as required for the remainder of the work necessary to finish the building or for
any other new construction proposed.
• All structures at the motocross track must be removed or considerably improved
to be in substantial compliance with current codes. Numerous deficiencies were
observed at the observation/concession building (identified as tower operations on
the site plan) and the stadium seating structures and they are not acceptable for
continued use. Application for permits and plans will be required for all new
work proposed to repair or replace the structures.
23
the crag o f
KENAI, ALASKA
"village e with a Past Ci with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 hag
Telephone: 907 - 283 -75351 Fax: 907 - 283 -3014 11111r
www_ci.kenai.ak.us
ri
APPLICATION FOR
CONDITIONAL USE PERMIT
KMC 14.20.150
Date:May 11, 2011
MAY 1 2 2017
OWNER
PETITIONER REPRESENTATIVE (IF ANY)
Name: Kenai Peninsula Borough
Name: Kenai Peninsula Racing Lions
Mailing Address:
Mailing Address:
144 N. Binkley, Soldotna, AK 99669
P.O. Box 2755, Soldotna, AK 99669
Phone Number: 714 -2200
Phone Number: Jackie McGahan 398 -7354
Fax Number: 714 -2378
Fax Number: NA
Email :mmueller @borough.kenai.ak.us
Email: mcgahan@ptialaska.net
PROPERTY INFORMATION
Property Tax 11) #: 041 - 030 -50, and 041 - 030 -52
Site Street Address: 490 Shotgun Drive, Kenai, AK
Current Legal Description: T6N R 11W SEC 36 SM KN 2007 -001 ASLS 2005 -7 SE114NE114
Conditional Use Re ue ted For: escribe t}re ro'ect and use additional sheets if necessar
Motocross track located at Twin City Raceway
Zonin •Rural Residential
Acrea. a :approx. 10 acres
DOCUMENTATION
Required Attachments:
Completed Application Form
Site Plan /Floor Plan with Square Footage
$100 Fee (plus applicable sales tax)
KPB Tax Compliance (if applicable)
State Business License (if applicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (1 have been authorized to act for owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for
administrative reasons. J understand that a site visit may be required to process this application. City of Kenai
personnel are authorized to access the above - referenced property for the purpose of processing this application.
Date: May 11, 2011
Signature:
9/27/2010
Representatives must provide written proof of authorization
24
Page 1 of 4
CONDITIONAL USE STANDARD (K -MC 14.20.150)
The Planning and Zoning Commission may only approve the conditional use if the commission finds
that all the following six (6) standards are satisfied. Each standard must have a response in as much
detail as it takes to explain how your project satisfies the standard. The burden of proof rests with you.
Feel free to use additional paper if needed.
1. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district;
See Attachment 1
2.The value of the adjoining property and neighborhood will not be significantly impaired
No market studies have been done to isolate or quantify the effects on value, if any.
3.The proposed use is in harmony with the Comprehensive Plan;
4.Public services and facilities are adequate to serve the proposed use;
See Attachment 4
9/27/2010
25
Page 2 of 4
5.The proposed use will not be harmful to the public safety, health or welfare;
See Attachment 5
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 as u ects related to the ro osed use.
See Attachment 6
LAND USE
Describe current use of property covered by this application:
Motocross track and facilities
Surrounding property: (Describe how land adjacent to the property is currently being used)
North:
Undeveloped
South:
Undeveloped
East:
Snow Shoe Gun Club
West:
Undeveloped •
9/27/2010
26
Page 3 of 4
ATTACHM.�NT
KMC 14.20.050(b) states that it is the intent of the chapter to consider that there are
use that exist and were lawful prior to the adoption of the Section which would be
prohibited under the terms of the chapter as may be amended. It is the intent of the
chapter to permit these nonconformities to continue until they are removed. Such uses
are declared by the chapter to be incompatible with the permitted uses in the zone
involved. KMC 14.20.050(h)(2)* States that the Planning and Zoning Commission
may grant a conditional use permit allowing a nonconforming use to expand, enlarge,
or increase in intensity.
*KMC14.20.050h
2) The Planning and Zoning Commission may grant a conditional use permit allowing a
nonconforming use to expand, enlarge, or increase in intensity provided that:
(A) The use may not expand beyond the site, lot, or parcel as defined by the legal description
on the certificate of occupancy for a nonconforming use, or owned or leased by the
nonconforming use as of the date it became nonconforming in the event there is no certificate of
occupancy.
The use is entirely within the motor sports recreational facility established in
approximately 1972. The premises is situated across multiple tax parcels all owned by the Kenai
Peninsula Borough.
(B) Uses which are nonconforming due to the number of residential units may not add
additional units.
The use does not involve residential units, and therefore this provision is not applicable.
(C) The proposed modification will not result in further infringement of the provisions of this
subsection; modifications shall comply with all regulations (other than use restrictions)
including, but not limited to, lot coverage, yard, height, open space, density provisions, or
parking requirements unless waived by the Commission through a variance as provided in this
chapter.
The use does not result in infringements of regulations other than use restrictions.
(D) The nonconforming use must have been a permitted use in the prior zone at the time it
became a nonconforming use.
The nonconforming use predates zoning within the City of Kenai. The City of Kenai
petitioned the State of Alaska by letter dated July 21, 1971 to use these lands to build a public
park for racing facilities. The attached aerial photos from 1973 and 1981 shows the land use
footprint at those times which are substantially similar to the current footprint.
27
ATTACHMENT 3
The use is an existing use that is an expansion of a non - conforming use. The current
Comprehensive Plan does not specifically address the existing uses in this area. However, we
believe it is in harmony with section CF4 and CF5 of the current Comprehensive Plan which
state:
CF4 Parks and recreational f- cilities should:
Qbe easily accessible to neighborhoods and schools;
E7have safe trail and sidewalk connections to
neighborhoods;
Ohave adequate parking with good access to collector and
arterial streets; anc!,
Libe designed for multiple uses where appropriate and
compatible.
CC'S Promote the public /private collaboration for
acquisition, development and maintenance of
neighborhood parks, youth sports facilities, and
recreational areas.
28
AT'TACHMEN'T 4
Kenai Peninsula Racing Lions — Motocross Division has adequate facilities on site during each
race season as evidenced by successful past operations of existing uses. We provide waste
disposal units to serve our racers and spectators. KPRL --- MX uses local vendors to rent these
units. Parking and seating areas are adequate for our local City races.
29
ATTACHMENT 5
a. The use benefits public safety, health, and welfare by providing an organized facility for
motor sports recreation.
b. In accordance with the 2010 City of Kenai Drinking Water Source Protection Plan
Section I Priority 2, the attached Spill Response Control and Countermeasures Plan has
been implemented to ensure groundwater protection.
c. To promote public safety, health and welfare in the land use the attached Noise
Mitigation Resolutions have been adopted by the Kenai Peninsula Racing Lions
Motocross board.
d. Kenai Peninsula Racing Lions is a non - profit, service organization. Our mission is "to
create and foster a spirit of understanding among all people for humanitarian needs by
providing voluntary services through community involvement and international
cooperation ". A portion of the dues that KPRL members pay into our organization assist
Lions Club International as a whole with their aid around the globe. As Lions, the
motocross track collects eye glasses in lieu of admission fees. These glasses are then sent
to a recycling center to be donated to the sight - impaired all over the world. Members
have participated in the Relay -for -Life cancer walk for several years. We join forces for
Community Clean -Up each spring. We have adopted the section of the Spur Highway by
the track and will fulfill our obligation to keep it clean. This year Motocross purchased
Webster's Atlas to present to each Stn grader at both Mountain View and K -Beach
Elementary, along with a Day Pass for each child. Motorcycles have been displayed in
parades by our members. Our members have judged parades as well. We, as MX
members, have assisted the Annual Car & Bike Show. Lions have given of our time,
materials, and money to other local charities and needy families.
e. The Kenai Peninsula Racing Lions Motocross Division (KPRL -- MX) track offers a
training ground for youth as participants in our race events. Through the years, we have
collaborated with local kids groups such as Young Marines, area sports teams, and
Church Youth Groups to make our races as safe as possible. Up to 16 individual youth
are used as Caution Flaggers at each event. In 2010, we used a total of 154 individuals
during our race season. They are posted in significant locations around the track to
ensure rider safety. This teaches responsibility, communication, assessing situations and
timely decision making. These skills will help the individual when they enter the work
force.
30
Our younger racers are provided with many more useful life skills. Opportunities to learn
mechanics are a constant, Good sportsman -like conduct is imperative. These children
are learning to face challenges and persevere. They acquire the ability to deal with others
graciously.
As to the impact on our teens, the motocross track gives them a place to expel energy in a
positive way. One teen voiced the stress relief enjoyed by his activities on the track.
Racing gave him a place to get the adrenaline rush that he sought, in a controlled
environment. He stated that having a place to go where he could enjoy his preferred
sport, and be watched out for by others, kept him off of drugs and alcohol. He said he
felt like he "belonged" there. I'm sure these sentiments are shared by many such youth.
MX allows every one of the 90 (current) members to enjoy the sport of motocross, no
matter age or ability. Whole families participate and camaraderie is enjoyed by all.
f. EMT's are on -site at each event. See attached letter from Captain Jack Anderson.
31
ATTACHMENT 6
The motocross track watering system consists of a water well, 2 - 18,000 gallon water
storage tanks, a diesel operated water pump, and 1" and 2" HDPE water lines for
distribution. The existing waterlines and manifolds are shown in solid colors. We plan on
expanding the water distribution, shown as dashed lines. (See reference below)
There is a 200 amp meter loop located at the beginning of the bleachers. It supplies
power to the well, tower, and convex.
We hope to expand the racetrack to the north, and the parking area to the west. To the
south, we would like to have a track for BMX racing, Pit bike racing, and RC car racing.
We are currently working with a student, Hanna Tauriainen, in conjunction with Caring
for the Kenai program, to build a dirt and tire noise suppression wall, located at the south
end of the race track and parking area.
Water System:
Light blue dot: Water well
Dark blue dot: Firewater pump
Green dot: 18,000 gallon water storage tanks
Red dot: 2" water distribution manifold
Red circle: Future 2" water distribution manifold
Yellow dot: Electrical meter loop
Solid red line: Existing 2" buried water line
Dashed red line: Proposed 2" water line expansion
Solid orange line: Existing 1" water line
Dashed 1" water line: Proposed 1" water line expansion
32
Fumrc
Truck Expstuston
WiM
• W'uicr Pump
t Water Tullio
• 't" Waler Manifold
Plum
• 2" %Vitor NIanlPnld
Meier bum
- 3"►1'ntyr Lino
°v Pullin: 2" Line
I Water Lint.
I:uturc 1" 1.1ls'
33
SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN
KENAI PENINSULA RACING LIONS
December, 2010
34
EMERGENCY CONTACT INFORMATION
In the event of a spill, discharge, or mechanical failure of any tank or fuel distribution system, the following
contact information is provided so a rapid response can be implemented as soon as possible. As the managers
of the.facility, Kenai Peninsula Racing Lions (KPRL) personnel assigned to the facility are responsible for notifying
the appropriate parties below as soon as possible. As operators of the facility, the KPRL will be responsible for
responding to spills (contracting if necessary), implementing response measures, and managing recovered
materials and wastes in accordance with applicable Alaska State Law. KPRL will immediately notify owners of
the property, Kenai Peninsula Borough (KPB) of any spill or discharge.
On -Site Contacts
Name
Title
Telephone
Jackie Leigh McGahan
Richard McGahan
President
Director
907 - 398 -7354
907- 252 -1134
Response /Operations Contacts
Name
Title
Telephone
Jackie Leigh McGahan
President
907- 398 -7354
Richard McGahan
Director
907- 252 -1134
Spill Reporting /Regulatory Contacts
Name
.Title
Telephone
Kenai Peninsula Borough
Marcus Mueller, Land
907 - 714 -2204 or 907 -
5 & R Pumping
Management Officer
398 -1122
Kenai Peninsula Borough
Dave Gottschalk, Environmental
907 - 398 -0390
Contaminated Soil
Compliance Manager
349 -3333
Alaska Department of
Central Area Response Team
907 - 269 -3063 or
Environmental
800 - 478 -9300 (24 hr)
Conservation
National Response
800 - 424 -8802 (24 hr)
Center
Equipment /Response Contacts
Name
Type
Telephone
Alaska Oil Sales
Fuel Delivery
(907) 262 -2250
5 & R Pumping
Liquid Waste (oil /oily water)
(907) 335 -5005
(907)
335 -5005
Alaska Soil Recycling
Waste Disposal Contacts
Name
Type
Telephone
Raven Enterprises
Spent Sorbents
(907)
262 -4668
S & R Pumping
Liquid Waste (oil /oily water)
(907)
335 -5005
Alaska Soil Recycling
Contaminated Soil
(907)
349 -3333
35
1. Facility Description
A portion of the NE Y, section 36, T6N, R11W, Seward Meridian, excepting Beaver Creek Alaska subdivision,
commonly known as 490 Shotgun Drive, Kenai, Alaska
Facility Address and Telephone
490 Shotgun Drive, Kenai, Alaska 99611
Facility Owner, Address and Telephone
Kenai Peninsula Borough
144 N. Binkley
Soldotna, AK 99669
(907) 262 -4441
Facility Operator, Address and Telephone
Kenai Peninsula Racing Lions
P.O. Box 2755
Soldotna, AK 99669
Jackie McGahan, President (907) 398 -7354
Willa Tallman, Secretary
1.1. Facility Storage
This facility stores in designated areas:
Diesel fuel, not to exceed 200 gallons on site at any one time
Waste oil, not to exceed 200 gallons on site at any one time
Liquid calcium chloride in barrels, not to exceed 200 gallons on site at any one time
Gasoline -rotor oil and /or antifreeze may be on site during events, but will not be stored on site.
No petroleum products or chemicals may be stored in any container exceeding 55 gallons.
1.2. Spill Response- Countermeasure for Discharge
A spill kit is located in the containing appropriate tools, materials and storage for
responding to spills. A list of the contents of the spill kit follows this section. The spill kit seal is inspected
monthly as part of routine maintenance. A spill notification contact list is provided in this plan. Kenai Peninsula
Racing Lions is responsible for cleanup of spilled fuel. In the event an insufficient supply of sorbent material is
on -site to adequately respond to a spill, KPRL will call for additional absorbent from the Alaska Oil Sales office or
from ADEC's Soldotna office.
Spill Kit Equipment
1. 6 socks (3 "x48 ")
2. 3 socks (3 "x96 ")
5. 30 dbl. Wt. Sheets (17 "X19 ")
6. 2 pr. disposable gloves
36
3. 2 pillows (15 "x25 ") 7. 5 disposable bags
4. 2 pads (8 "x18 ") 8. 1 spill guide
Large capacity containment boom and sorbents are available from the fuel vendor's Soldotna office and ADEC's
Soldotna office.
1.3. Methods of Disposal
Oil soaked materials will disposed in accordance with State of Alaska statutes. Spent sorbents will be disposed
(incinerated) through a vendor in the Kenai - Soldotna area. Disposal of fuel and oily water recovered from the
site would be coordinated through S &R Pumping or a similar contractor. Contaminated soil disposal would be
coordinated through Alaska Soil Recycling or another ADEC - approved soil treatment contractor.
1.4. Contact List and Spill Reporting Procedure
In the event of a fuel spill at the site the facility personnel must contact the persons listed on page 2 and report
the estimated volume and apparent source of the spill. The KPRL will be responsible for cleanup and making any
necessary repairs to the system. KPRL will determine the cause of the spill, verify the volume of fuel spilled, and
direct cleanup actions. KPRL will collect the information and report it to ADEC in accordance with the Discharge
Notification Requirements.
• Any release to water will be reported as soon as the person has knowledge of the spill.
• Any release of oil to land in excess of 55 gallons will be reported as soon as the person has knowledge of
the spill.
• Any release of oil to land in excess of 10 gallons but less than 55 gallons will be reported within 48 hours
after knowledge of the spill.
• Records will be maintained of oil discharges from 1 to 10 gallons and reported to ADEC on a monthly
basis.
• A single discharge of 1,000 gallons or two discharges of 42 gallons or more with one year will be
reported to EPA in accordance with 40 CFR 112.4(a).
An emergency contact list is provided on page 2 of this plan and summarized below (next page).
Agency
Person
Phone
Kenai Peninsula Borough
Marcus Mueller
907- 714 -2204
KPB Environmental Compliance Mgr.
Dave Gottschalk
907 714 -2355 or 398 -0390
Alaska Oil Sales
907 262 -2250
City of Soldotna
Utility Dept. (Sewer)
907 262 -4205
Alaska Department of Environmental
Conservation
907 -262 -5210 or
800 - 478 -9300
National Response Center
800 -424 -8802
Response contacts are listed on Page 2 of this plan.
37
1.5. Personnel Training and Spill Prevention Procedures
1.5.1.Personnel instructions
1. Operation and maintenance of equipment to prevent discharges
2. Discharge response procedures
a. Source control
b. Notifications
c. Cleanup procedures
d. Personal Protective Equipment
e. Waste handling and disposal
3. Pollution control laws and regulations
4. Contents of the SPCC Plan
5. Discussion of facility leaks /spills, malfunctions and preventive measures
1.5.2.Designated Person Accountable for Spill Prevention
The designated person at the facility accountable for spill prevention is the President and /or Director of KPRL as
listed.
38
REPORTALL
•
S ILLS
_ 4
ALASKA LAW REQUIRES REPORTING OF ALL SPILLS
During normal business hours
contact the nearest DEC Area Response Team office:
ert7" _' Area es orc _ = _: 269-3063 ,.
fax: 269 -7648
A_ sa es, s o -rt-a' -mom s 451- 2121
fax: 451 -2362 7{
o t e st Area Response. 465 -5340
fax: 465 -2237 Central
Alaska
Outside normal business hours, call: 1 -800- 478 -9300
Southeast
Alaska
a Ae
Alaska Department of Environmental Conservation
Division of Spill Prevention and Response
rev. 412002
39
Alaska Department of Environmental Conservation
Discharge Notification and Reporting Requirements
AS 46.03.755 and 18 AAC 75 Article 3
Notification of a discharge must be made to the nearest Area Response Team during working hours:
Anchorage: 269 -3063 Fairbanks: 451 -2121 Juneau: 465 -5340
269 -7648 (FAX) 451 -2362 (FAX) 465 -2237 (FAX)
OR
to the 24 -Hour Emergency Reporting Number during non- working hours: 1 -800- 478 -9300
Notification Requirements
Hazardous Substance Discharges
Any release of a hazardous substance must be reported as soon as the person has knowledge of the
discharge.
Oil Discharges
• TO WATER
• Any release of oil to water must be reported as soon as the person has knowledge of the discharge.
• TO LAND
• Any release of oil in excess of 55 gallons must be reported as soon as the person has knowledge of the
discharge.
• Any release of oil in excess of 10 gallons but less than 55 gallons must be reported within 48 hours
after the person has knowledge of the discharge.
• A person in charge of a facility or operation shall maintain, and provide to the Department on a monthly
basis, a written record of any discharge of oil from 1 to 10 gallons.
• TO IMPERMEABLE SECONDARY CONTAINMENT AREAS
• Any release of oil in excess of 55 gallons must be reported within 48 hours after the person has
knowledge of the discharge.
Spocial Requirements for Regulated Underground Storage Tank (UST) Facilities*
If your release detection system indicates a possible discharge, or if you notice unusual operating
conditions that might indicate a release, you must notify the Storage Tank Program at the nearest DEC
Office within 7 days:
Anchorage: (907) 269 -7504 Fairbanks: (907) 451 -2360
Juneau: (907) 465 -5200 Soldotna: (907) 262 -5210
*Regulated UST facilities are defined at 18 AAC 78.005 and do not include heating oil tanks.
rev, Apri112002
40
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
OIL & HAZARDOUS SUBSTANCES SPILL NOTIFICATION
ADEC SPILL #
ADEC FILE #
ADEC LC
PERSON REPORTING
PHONE NUMBER
REPORTED HOW?
Troopers phone fax
DATE/ TIME OF SPILL
DATE/TIME DISCOVERED
DATE/TIME REPORTED
LOCATION /ADDRESS
LA.I
SUBSTANCE TYPE
A) CR EHS HS NC PW UNK
B) CR EHS HS NC PW UNK
PRODUCT .
A)
B)
LONG.
QUANTITY SPILLED
❑ gallons
❑ pounds
QUANTITY CONTAINED
❑ gallons
❑ pounds
QUANTITY RECOVERED
❑ gallons
❑ pounds
QUANTITY DISPOSED
❑ gallons
0 pounds
POTENTIAL RESPONSIBLE PARTY C -Plan Holder? YES ❑ NO ❑
FACILITY TYPE
SOURCE 01? SPILL
❑ >400 GT Vessel?
CAUSE OF SPILL (List Primary Cause first)
❑ Accident
❑ Human Factors
❑ Structural /Mechanical
❑ Other
CLEANUP 'ACTIONS
DISPOSAL METHODS AND LOCATION
RESOURCES AFFECTED/THREATENED
(Water sources, wildlife, welts. etc.)
AIR LAND
4ARINE
FRESH
-
SURF. AREA AFFECTED
SURF. TYPE
COMMENTS
DEC USE ONLY
SPILL NAME, IF ANY
NAMES OF DEC STAFF RESPONDING
C -PLAN MGR NOTIFIED
YES ❑NO❑
DEC RESPONSE
0 phone follow -up ❑ field visit ❑ took report
CASELOAD CODE
❑ First and Final ❑ Open/No LC ❑ LC assigned
CLEANUP CLOSURE ACTION
❑ NFA ❑ Monitoring ❑ Transferred to CS or STP
STATUS OF CASE (circle) OPEN CLOSED DATE CASE CLOSED
COMMENTS:
REPORT PREPARED 13Y
DATE
41
revised June 19, 2004
QPEN RIDING & PRACTICE DAYS
Listed below are the proposed changes we are making to our open riding & practice days for a 7 day
schedule. These types of practice day activities are what have been discussed the most with our
neighbors so much emphasis has been put in to this scheduling.
SUNDAY:
2010 — Limited riding on Sundays was allowed. There were 2 scheduled race days within our State Race
Series.
2011 -- The track will be completely CLOSED for open riding & practice. There will be 2 scheduled race
days within our State Race Series.
MONDAY:
2010 —The track was open for mini bikes & mini quads only.
2011 — The track will be completely CLOSED. for open riding & practice.
TUESDAY:
2010 —The track was open from 12:00 noon to 9:00 PM for open riding & practice.
52011 -- The track will be open from 12:00 PM to 8 :00. PM.
WEDNESDAY;
2010 — The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 The track will be open from 3:00 PM to 8:00 PM for Mini bikes & MALI gots oniy,
Note: Noise levels from Mini Bikes & Mini Quads is almost completely negligible so this will
almost in itself represent another off night.
THURSDAY:
2010 — The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 — The track will be open from 12:00 PM to :00 P.M.
FRIDAY:
2010 -- The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 --- The track will be open from 12:00 PM to 8:00 PM.
Note: On Fridays before race days (5 City Races / 2 State Races total 7 Fridays) the track will be
closed at 5:00 PM for preparation for the next days event. This will account for several early
closings of the track on Fridays throughout the summer.
SATURDAY:
2010 — The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 — The track will be open from 12:00 PM to 8 :0Q Pik.
42
The above mentioned Open Riding & Practice changes accomplish the following:
O Meets the 8:00 PM shut down time requested by neighbors of the track.
• Drops one complete day off the schedule from 6 to 5.
® One of the 5 days will be Mini Bikes & Mini Quads only. As noted, the sound level from these
machines is very low and in effect will add one more day of quiet to the neighborhood.
$ICNAGE
2010— Currently, there is one sign showing practice times allowed at the fork in the road on Shotgun
Drive before you arrive to the gate to the track.
There is only one "No Trespassing" sign posted. It is attached to the gate and is worn from weather.
2011 — We will have 3 new sets of signs made with the practice schedule clearly posted. We will also
have 3 "No Trespassing" signs made to be posted along with these revised practice signs.
These 3 sets of signs will be posted in the following 3 locations:
1) Fork in road on Shotgun Drive leading to the entry gate.
2) Attached directly to the entry gate.
3) A conspicuous and easy to see location where bikes typically enter the track.
RASE EVEN' SCHEDULE
2010 — KPRL -MX hosted 7 City Races and 2 State race weekends.
2011 — KPRL -MX will host 5 City Races and 2 state race weekends giving a reduction in 2 race events
throughout the summer season.
CAMP HOST
In the summer of 2010, KPRL -MX had their first time ever camp host staying in the parking lot of the MX
Track.
This proved to be a huge success in policing shut down times for practice and inhibited trespassers from
entering the track.
The same family who was camp host for season 2010 has applied and been accepted to be camp host
again in 2011.
We intend to have a camp host now every summer that we are in operation.
Looking down the road years from now one only has to view the crowded local camp grounds and Fred
Meyers parking lot to see that finding a camp host to secure our track should not be a problem and we
will take applications for these positions as they are needed.
43
PILO LE R ST NCITES
Please consider the following rules & information for the State of,Ala §ka In relation to "Off road"
motorcycles:
SOURCE: http:/ /home.arria- cycle.org/amaccess /laws /result.asp ?statebAK
American Motorcycle Association (AMA)
Off Read
Safety Helmet Required if under 18
Eye Protection Not Required
Minimum Operator Age No Restriction
Rider Education Certification Not Required
Operator License Not Required
Headlight Not Required
Taillight Not Required
Muffler No acoustical criteria.
Maximum Sound Level No acoustical criteria.
Spark Arrestor Not Required
Registration Required by law
Vehicle Title Not Required
Trails Program Not Available
Although there are no Alaska State Laws requiring decibel limits for exhaust systems on off road
motorcycles, we are opting to take a proactive approach and adopt the AMA's competition motorcycle
regulations that state the following:
SOURCE: http: / /www.arna- cycle. org /rulebooks/ 2010/ AMARacing_rulebook10_Web_MX.pdf
American Motorcycle Association (AMA)
c. Machines entered in all meets shall have
mufflers /silencers which do not exceed the maximum
db(A) required by the state where the meet is being
held or 99 db(A), whichever is less, measured at half
maximum rpm per MIC manual SAE J1287 test at
0.5- meters (20- inches).
I have priced out some available decibel meters and found that a quality unit can be purchased for under
100 dollars.
KPRL -MX will purchase one of these units to be stored at the track facility
At our first City Race where all KPRL -MX members are present with their motorcycles, we will utilize this
meter to measure sound levels on bikes to heighten awareness and to bring attention to those whose
bikes may be above the AMA recommended decibel levels for the activities we are having.
Mechanical training will be made available to any and all motorcyclists at the track for instruction on how
to "repack" or rebuild the muffler packing on a motorcycle which is a wear & tear Item and can drastically
affect the decibel levels of the exhaust system.
44
WEB CAM.
We have learned that for a few hundred dollars we can mount a web cam in the upstairs corner of our
MX scoring tower.
Mounted at this vantage point, the web cam could either be aimed at the gate entrance to see who is
entering the track or it could be aimed at the track itself to help Identify any motorcycle or ATV that is
physically on the track.
When break up comes, we will, if at all possible, install one of these cameras for track surveillance.
Upon installation of this camera, we would also add signage to the effect that the camera is on location
to the front gate to warn and hopefully deter trespassing.
COMMUNICATION
All KPRL -MX members will be notified via e-mail of the proposed changes to how we operate and
practice at the facility.
KPRL -MX will post on its web site for all members and anyone else who cares to view the practice
schedule and new rules implemented at the track.
KPRL -MX has a good working relationship with the other 2 KPRL -MX clubs in the state located in
Anchorage and Fairbanks. We will ask to have all of our new operating hours and rules posted on their
web sites so that their members will have advance knowledge of these new conditions before they
arrive in Kenai for State Race events hosted by our local Kenai Club.
GATE REINFORCEMENT
The current entry gate at Twin City Raceway Is a robust gate that can't be broken through and is
continuously kept locked. Only KPRL members and certain utility companies have a key to this gate. The
gate has been very sufficient for keeping vehicle traffic of trespassers off of the track premises.
Unfortunately, we have experienced trespassers riding ATV's and motorcycles who have made trails
through the brush and gone around the ends of the gate to enter the track.
When break up arrives, we want to extend the length of the fence attached to the gate. Hopefully, we
can extend it far enough in to some wooded areas where a trespasser trail will not be able to happen
and help keep trespassers off of the track.
1 would like to add that a great deal of the noise and after hours riding that has been a nuisance in the
past has come from trespassers who are not affiliated in any way with KPRL and are using the race track
facility illegally. Thwarting efforts of trespassers to enter the track facility by itself will be a large
contribution to reducing noise issues at the track.
We see gate reinforcement and the afore mentioned camp host and web cam surveillance resolutions
all as strong steps towards eliminating trespassing issues at the track.
45
ENFORCEMENT
KPRL MEMBERS:
Members who blatantly violate the practice schedule by riding after hours of closing or on dosed dates
will be penalized by the following:
lst Offense:
Disqualified for one entire race event. For a serious racer participating in a series, this is a serious
punishment.
2nd Offense:
Disqualified for the KPRL City Race Series. This will end the summer for that particular riders racing.
3rd Offense:
The rider will be dropped from KPRL membership and not allowed on to the facility.
The rider will have to appeal to the KPRL -MX board the following year for approval for reinstatement.
TRESPASSERS:
KPRL in no way condones or approves of any non - member riders using the race track facility. We have
experienced vandalism, property damage as well as damage to the track itself from trespassers. We also
feel that KARL has been put to blame for some of the noise issues that non member trespassers cause at
the track. That being said, trespassers are as unwelcome to the track to KPRL as they are by neighbors to
the track.
KPRL will report to the Kenai Police any rider riding at the track illegally and we fully support any
surrounding neighbors to the track to do the same.
46
To whom it may concern,
I am writing this letter to express my thoughts about the Kenai Peninsula Racing Lions (KPRL)
organization; specifically the Motocross division (MX). I have been involved with the KPRL for
approximately five years now. My association with them has been a professional one. I began by filling a
need for a track medic on race day. Over the years I have taken on the roll of organizer for the medics,
ensuring that the appropriate number of people show up to stand by for medical emergencies. Through
my professional career at Central Emergency Services I have the opportunity to participate in the training
of new EMT's who would prospectively like to have a career In EMS. These students have the chance to
ride with the on -duty personnel and experience what it's like to respond to 911 calls in the ambulance. I
have often also made it available for them to accompany me to the MX track on race day. The experience
gained at the track is unique and invaluable. It allows them a different perspective from the fire
department response and helps to sharpen their knowledge and skills. They get to interact in a multitude
of real world scenarios with a wide demographic of people. This better prepares them for their future
schooling and makes them a greater resource for our communities.
I understand that it's a requirement to have medics at the track during races and there are other means
for providing medics. I am grateful that they have this opportunity for us. We are preparing for another
great racing season and I know that there are folks who worked races cast year that are looking forward
to giving their time again. The KPRL MX board members and the racing participants always go out of
their way to make It a friendly, family experience. I commend them for taking time out of their own
personal life to bring this together. It is a great place for kids and young adults to learn patience,
perseverance and safe competition.
Thank you for your time and consideration,
Jack Anderson
Fire Captain/MICP
Central Emergency Services
Soldotna, AK
47
May 10, 2011
KENAI PENINSULA BOROUGH
Pfanning Department 0 Land Management Division
144 North Binkley Street e Soldotna, Alaska 99669 -7520
PHONE: (907) 714-2200 e FAX (907) 714-2378
Toll -free within the Borough: 1-800-478-4441, Ext. 2200
www.borough.kenai.ak.us
Jackie McGahan, President
Kenai Peninsula Racing Lions
P.O. Box 2755
Soldotna, AK 99669
RE: Land Use Permit LMD# 04 -15
Nonconforming Use within City of Kenai
Dear Kenai Peninsula Racing Lions:
DAVID R. CAREY
BOROUGH IVMAYOR
The Kenai Peninsula Borough (KPB) received a copy of a letter dated April 28, 2011
from City of Kenai Planner Marilyn Kebschull addressed to the Kenai Peninsula Racing
Lions (KPRL) regarding the status of the motocross track use at the Twin City Raceway
facility that is currently under KPB Land Use Permit LMD# 04 -15. Section 20 of the
Land Use Permit requires:
PERMITTEE shall abide by all applicable federal, state, and borough statutes,
ordinances, rules, and regulations. PERMITTEE is responsible for obtaining all
federal, state, and local permits applicable to the PERMITTEE's activities and
keeping such permits in good standing
The City of Kenai through its zoning ordinance requires that KPRL either provide
documentation showing the motocross use as being a grandfathered nonconforming
use or that KPRL submit application for the expansion of nonconforming use through a
conditional use application form. KPB hereby provides notice to KPRL that it must
comply with the City of Kenai's requirements in order to maintain good standing with
Section 20 of the KPB Land Use Permit LMD # 04 -15.
KPB as the owner of the property has reviewed the City of Kenai's conditional use
permit application form as it relates to the expansion of nonconforming uses and
provides the comments found on the enclosed document. KPB welcomes KPRL to
include the borough's comments on its conditional use permit application if such an
application is made. The borough encourages KPRL to include its own information and
justifications as appropriate including the public benefits of the organized motor sports
uses as were testified to the Kenai Peninsula Borough Assembly.
Please note that KPB has not authorized any expansion of use beyond the current
improvements and uses that exist on the premises and accordingly KPRL may not seek
expansion outside of the scope of what is authorized by the borough. The one exception
48
is with regards to the development of a Recycled Tire Sound Barrier wall as proposed
through the Caring for the Kenai Program which the borough anticipates working with
KPRL and the City of Kenai to review and approve a KPRL /Caring for the Kenai design
proposal for the purpose of enhanced noise mitigation.
Please ensure that this office receives copies of any documents submitted to or
received from the city regarding the zoning status and KPRL's compliance thereto.
With Regards,
77/760,e,ei
Marcus A. Mueller
Land Management Officer
Enclosure: KPB Comments on City of Kenai Nonconforming Use Application for
Conditional Use Permit Regarding Twin City Raceway
CC: Sam Emery, Treasurer, KPRL
Max Best, Planning Director
David R. Carey, Mayor
49
KENAI PENINSULA BOROUGH COMMENTS
City of Kenai
Nonconforming Use
Application for Conditional Use Permit
Regarding Twin City Raceway
Conditional Use Standard (KMC 14.20.150)
1. The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district:
KMC 14.20.050(b) states that it is the intent of the chapter to consider that there are
uses that exist and were lawful prior to the adoption of the Section which would be
prohibited under the terms of the chapter as may be amended. It is the intent of the
chapter to permit these nonconformities to continue until they are removed. Such uses
are declared by the chapter to be incompatible with the permitted uses in the zone
involved. KMC 14.20.050(h)(2)* States that the Planning and Zoning Commission
may grant a conditional use permit allowing a nonconforming use to expand, enlarge,
or increase in intensity.
2. The value of the adjoining property and neighborhood will not be significantly
impaired:
No market studies have been done to isolate or quantify the affects on value if any.
3. The proposed use is in harmony with the Comprehensive Plan:
The use is an existing use that is an expansion of a non - conforming use.
4. Public services and facilities are adequate to served the proposed use;
Yes, as evidenced by successful past operations of existing uses
5. The proposed use will not be harmful to public safety, health or welfare:
a. The use benefits public safety, health, and welfare by providing an organized
facility for motor sports recreation.
b. In accordance with the 2010 City of Kenai Drinking Water Source Protection
Plan Section I Priority 2, the attached Spill Response Control and
Countermeasures Plan has been implemented to ensure groundwater
protection.
c. To promote public safety, health and welfare in the land use the attached
Noise Mitigation Resolutions have been adopted by the Kenai Peninsula
Racing Lions Motocross board.
50
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:
Caring for the Kenai Recycled Tire Sound Barrier Wall. (Include design proposal)
* KMC 14.20.050 h
2) The Planning and Zoning Commission may grant a conditional use permit allowing a
nonconforming use to expand, enlarge, or increase in intensity provided that:
(A) The use may not expand beyond the site, lot, or parcel as defined by the legal description
on the certificate of occupancy for a nonconforming use, or owned or leased by the
nonconforming use as of the date it became nonconforming in the event there is no certificate of
occupancy.
The use is entirely within the motor sports recreational facility established in
approximately 1972. The premises is situated across multiple tax parcels all owned by the Kenai
Peninsula Borough.
(B) Uses which are nonconforming due to the number of residential units may not add
additional units.
The use does not involve residential units, and therefore this provision is not applicable.
(C.) The proposed modification will not result in further infringement of the provisions of this
subsection; modifications shall comply with all regulations (other than use restrictions)
including, but not limited to, lot coverage, yard, height, open space, density provisions, or
parking requirements unless waived by the Commission through a variance as provided in this
chapter.
The use does not result in infringements of regulations other than use restrictions.
(D) The nonconforming use must have been a permitted use in the prior zone at the time it
became a nonconforming use.
The nonconforming use predates zoning within the City of Kenai. The City of Kenai
petitioned the State of Alaska by letter dated July 21, 1971 to use these lands to build a public
park for racing facilities. The attached aerial photos from 1973 and 1981 shows the land use
footprint at those times which are substantially similar to the current footprint.
51
JO, I S
4197.1k /ire I rf
PO Box 2755
Soldotna, Alaska 99669
ww.lz�itnet
To: Mr. Jackie McGahan
KPRL Main Board President
From: Barney Phillips
KPRL Motocross President
Subject: Noise Mitigation Resolutions for KPRL -MX to Implement Year 2011
Dear Jackie,
After numerous constructive conversations with our neighbor to the track, Mr. Steven Phelps, the
KPRL - Motocross board as a whole has come up with multiple changes and resolutions to how we run
our program in an effort to reduce noise from motorcycles at Twin City Raceway.
We feel that these changes are substantial, measurable and very much feasible without any prohibitive
financial burdens.
Regardless of the outcome in terms of length of the upcoming proposed lease of the facility, we intend
to implement all of the attached changes and resolutions at the beginning of our regular riding season
for 2011.
Our goal goes well beyond a task list of ideas and suggestions to reduce noise. What we want is to be
good, responsible and welcome neighbors to the community.
Should we find in 2011 that these proposed changes are not sufficient, we will strive to come up with
more ideas until this noise issue has been put to rest.
Please contact me should you have any questions or concerns about our proposals.
E -mail akmxl5 yrahoo.com
Cell 907- 394 -2454
Best regards,
Barney Phillips
KPRL Motocross Division
52
OPEN RIDING & PRACTICE DAYS
Listed below are the proposed changes we are making to our open riding & practice days for a 7 day
schedule. These types of practice day activities are what have been discussed the most with our
neighbors so much emphasis has been put in to this scheduling. Please note that these times are for
Practice /Open Riding days only and cannot necessarily be adhered to during our scheduled events.
SUNDAY:
2010 -- Limited riding on Sundays was allowed. There were 2 scheduled race days within our State Race
Series.
2011 —The track will be completely ,CLOSED for open riding & practice. There will be 2 scheduled race
days within our State Race Series.
MONDAY:
2010 — The track was open for mini bikes & mini quads only.
2011 — The track will be completely CLOSED for open riding & practice.
TU $DAY:
2010 —The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 —The track will be open from 12:00 PM to t3 00 PM.
Ulf g.DN ESDAY:
2010 — The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 -- The track will be open from 3:00 PM to 8:00 PM for Mini bikes & Mini ad smy,
Note: Noise levels from Mini Bikes & Mini Quads is almost completely negligible so this will
almost in itself represent another off night.
Tf1URSDS3Y:
2010 — The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011 —The track will be open from 12:00 PM to 8:00 PM.
FRIDAY;
2010 The track was open from 12:00 noon to 9:00 PM for open riding & practice.
2011— The track will be open from 12 :00 PM to ;gn%
Note: On Fridays before race days (5 City Races / 2 State Races — total 7 Fridays) the track will be
closed at 5:00 PM for preparation for the next day's event. This will account for several early
closings of the track on Fridays throughout the summer.
SATURDAY:
2010 —The track was open from 12:00 noon to 9 :00 PM for open riding & practice.
2011 —The track will be open from 12:00 PM to 8: Fi .
53
The above mentioned Open Riding & Practice changes accomplish the following:
• Meets the 8:00 PM shut down time requested by neighbors of the track.
• Drops one complete day off the schedule from 6 to 5.
• One of the 5 days will be Mini Bikes & Mini Quads only, As noted, the sound level from these
machines is very low and in effect will add one more day of quiet to the neighborhood.
SIGNAGE
2010 -- Currently, there is one sign showing practice times allowed at the fork in the road on Shotgun
Drive before you arrive to the gate to the track.
There is only one "No Trespassing" sign posted. It is attached to the gate and is worn from weather.
2011 — We will have 3 new sets of signs made with the practice schedule clearly posted. We will also
have 3 "No Trespassing" signs made to be posted along with these revised practice signs.
These 3 sets of signs will be posted in the following 3 locations:
1) Fork in road on Shotgun Drive leading to the entry gate.
2) Attached directly to the entry gate.
3) A conspicuous and easy to see location where bikes typically enter the track.
RICE EVENT SCHEDULE
2010 — KPRL -MX hosted 7 City Races and 2 State race weekends.
2011 — KPRL -MX will host 5 City Races and 2 state race weekends giving a reduction in 2 race events
throughout the summer season.
CAMP HOST
In the summer of 2010, KPRL -MX had their first time ever camp host staying in the parking lot of the MX
Track.
This proved to be a huge success in policing shut down times for practice and inhibited trespassers from
entering the track.
The same family who was camp host for season 2010 has applied and been accepted to be camp host
again in 2011.
We Intend to have a camp host now every summer that we are in operation.
Looking down the road years from now, one only has to view the crowded local camp grounds and Fred
Meyer's parking lot to see that finding a camp host to secure our track should not be a problem and we
will take applications for these positions as they are needed.
54
DECIBLE READINGS OF EXHAUST NOTES
Please consider the following rules & information for the State of Alaska in relation to "Off road"
motorcycles:
SOURCE: http: // home. erne - cycle. org /armaccess /laws /result.asp' stater-Als;
American Motorcycle Association (AMA)
Off Road
Safety Helmet Required if under 18
Eye Protection Not Required
Minimum Operator Age No Restriction
Rider Education Certification Not Required
Operator License Not Required
Headlight Not Required
Taillight Not Required
Muffler No acoustical criteria.
Maximum Sound Level No acoustical criteria.
Spark Arrestor Not Required
Registration Required by law
Vehicle Title Not Required
Trails Program Not Available
Although there are no Alaska State Laws requiring decibel limits for exhaust systems on off road
motorcycles, we are opting to take a proactive approach and adopt the AMA's competition motorcycle
regulations that state the following:
SOURCE: http: / /www.ama- cycle. org / rulebooks /2010 /AMARacing Julebook10 Web_MX.pdf
American Motorcycle Association (AMA)
c. Machines entered in all meets shall have
mufflers /silencers which do not exceed the maximum
db(A) required by the state where the meet is being
held or 99 db(A), whichever is less, measured at half
maximum rpm per MIC manual SAE J1287 test at
0.5- meters (20- inches).
I have priced out some available decibel meters and found that a quality unit can be purchased for under
100 dollars.
KPRL -MX will purchase one of these units to be stored at the track facility
At our first City Race where all KPRL -MX members are present with their motorcycles, we will utilize this
meter to measure sound levels on bikes to heighten awareness and to bring attention to those whose
bikes may be above the AMA recommended decibel levels for the activities we are having.
Mechanical training will be made available to any and all motorcyclists at the track for instruction on how
to "repack" or rebuild the muffler packing on a motorcycle which is a wear & tear Item and can drastically
affect the decibel levels of the exhaust system.
55
WEB CAM
We have learned that for a few hundred dollars we can mount a web cam in the upstairs corner of our
MX scoring tower.
Mounted at this vantage point, the web cam could either be aimed at the gate entrance to see who is
entering the track or it could be aimed at the track itself to help Identify any motorcycle or ATV that Is
physically on the track.
When break up comes, we will, if at all possible, install one of these cameras for track surveillance.
Upon installation of this camera, we would also add signage to the effect that the camera is on location
to the front gate to warn and hopefully deter trespassing.
COM MVNICATION
All KPRL -MX members will be notified via e-mail of the proposed changes to how we operate and
practice at the facility.
KPRL -MX will post on its web site for all members and anyone else who cares to view the practice
schedule and new rules implemented at the track.
KPRL -MX has a good working relationship with the other 2 Racing Lions MX clubs in the state located in
Anchorage and Fairbanks. We will ask to have all of our new operating hours and rules posted on their
web sites so that their members will have advance knowledge of these new conditions before they
arrive in Kenai for State Race events hosted by our local Kenai Club.
GATE REINFORCEMENT
The current entry gate at Twin City Raceway is a robust gate that is continuously kept locked. Only KPRL
members and certain utility companies have a key to this gate. The gate has been more than sufficient
for keeping vehicle traffic of trespassers off of the track premises.
Unfortunately, we have experienced trespassers riding ATV's and motorcycles that have made trails
through the brush and gone around the ends of the gate to enter the track.
When break up arrives, we want to extend the length of the fence attached to the gate. Our intent is to
extend it far enough in to some wooded areas where a trespasser trail will not be able to happen and
help keep trespassers off of the track.
I would like to add that a great deal of the noise and after hours riding that has been a nuisance in the
past has come from trespassers who are not affiliated in any way with KPRL and are using the race track
facility illegally. Thwarting efforts of trespassers to enter the track facility by itself will be a large
contribution to reducing noise issues at the track.
We see gate reinforcement and the afore - mentioned camp host and web cam surveillance resolutions
as strong steps towards eliminating trespassing issues at the track.
56
ENFORCEMENT
KPRI. MEMBERS:
Members who blatantly violate the practice schedule by riding after hours of closing or on closed dates
will be penalized by the following:
1St Offense:
Disqualified for one entire race event. For a serious racer participating in a series, this is a serious
punishment.
2 "d Offense:
Disqualified for the KPRL City Race Series. This will end the summer for that particular riders racing.
3rd Offense:
The rider will be dropped from KPRL membership and not allowed on to the facility.
The rider will have to appeal to the KPRL -MX board the following year for approval for reinstatement.
TRESPASSERS:
KPRL in no way condones or approves of any non - member riders using the race track facility. We have
experienced vandalism, property damage as well as damage to the track itself from trespassers. We also
feel that KPRL has been put to blame for some of the noise issues that non member trespassers cause at
the track. That being said, trespassers are as unwelcome to the track to KPRL as they are by neighbors to
the track.
KPRL will report to the Kenai Police any rider riding at the track illegally and we fully support any
surrounding neighbors to the track to do the same.
BDP 12/15/2010
57
58
. X's;k4.
Y„. R
The -purpose for which this land is requested is to build
a public park for racing facilities. On the drawing boards
July 21, 1971
Mr. F. J. Keenan, Director
Division of Lands
Department of Natural Resources
State of Alaska
Juneau, Alaska 99801
Dear Mr. Keenan:
In reference to our phone conversation on July 20th, 1971
concerning acquisition of lands in Section 36, T5N, R11W,
S.B.M.; which is within the City limits of Kenai, we are
interested in constructing recreation facilities to be used
by the residents of the northern portion of the Kenai Pen-
insula. The City of Kenai makes the following formal
request: That the State of Alaska lease to the City of
Kenai the following described lands:
The North 1/2 of Section 36, T6N, R11W, S.B.M.
excepting that portion contained by the Kenai
Spur Highway right -of -way and the Beaver Creek
Alaska Subdivision.
and ready to go to contract almost immediately are the fol-
lowing facilities.
1. A 3/8 mile oval race track for use by stock
cars, motor cycles, snow machines and so forth.
2. A 1/4 mile drag strip for the use of the
same equipment listed under item no. 1.
F1ture plans call for bleachers, parking area, and future
60
additions to the racing facilities as the need may arise.
These facilities will be owned by the City of Kenai and
operated by the City.
At the present time we feel that there is a great need
within the State for the above described facilities.
Similar facilities in Anchorage and Fairbanks are either
non operating or in extremely poor condition. We also feel
that controlled racing within a properly constructed and
policed area is to be desircd over the common practice of
using the State Highway System for these practices.
Since ely yours
E'd In H. Glotf - lty
City Manager
Enclosures
EHG :pc
LAND USE PERMIT
KPB 1710.180
LMD PROJECT # 04 -15
The Kenai Peninsula Borough, an Alaska municipal corporation, whose address is 144 N.
Binkley Street, Soldotna, Alaska 99669 -7599 (hereinafter called "KPB "), and the Kenai
Peninsula Racing Lions (a non- profit charter member of Lions International), whose
address is PO Box 2755, Soldotna, AK 99669, (hereinafter called "PERMITTEE "), to use
the following described real property (hereinafter called "PROPERTY "):
That portion of land Tying within Section 36, T6N, R11W, and more
particularly described as follows:
E1ASW'4NW1 /4NE% and E "Y2NW1/4SWYNE1 /4 and SW %NW'/NEY4 and
NE'4SW1hNEY4 and EYSWYSWYY4NEY and SW' /4SE1 /4NE1/ and
SY2NE1 /4SEY4NEY, containing 50 acres more or less, as shown on
Attachment A, attached hereto and incorporated by reference;
for the purpose of : Motor vehicle racing (hereinafter called "ACTIVITIES ") located on the
above described PROPERTY, and further described in Paragraph 6.
SUBJECT TO the following terms and conditions:
1. PERMIT:
This permit conveys to PERMITTEE, no interest in the PROPERTY. This permit is
revocable immediately for cause without notice. It is issued for authorized purposes
to PERMITTEE. The permit represents a non - exclusive privilege authorizing special
use of KPB land.
Violation of permit conditions or the conduct of activities not authorized by this
permit will result in permit revocation and may result in a claim for damages by KPB
and other civil or criminal penalties as applicable under law. PERMITTEE shall
remove all chattels or improvements placed on the land by PERMITTEE within 30
days of permit revocation. KPB may, at its option, direct that all activity under this
permit stop until a violation of the permit conditions is corrected. Continued activity
after notice to stop will be deemed a trespass by KPB.
KPB reserves the right to permit other land use in the permit area, provided KPB
determines that such use will not unduly impair the PERMITTEE'S ACTIVITIES.
Should circumstances warrant, this permit may be modified or suspended in writing
by KPB to protect resources, health, safety, and the environment.
Kenai Peninsula Borough, Alaska Page 1 of 9
Racing Lions
63
2. PERMIT TERM:
This permit is valid from May 19, 2011 through May 18, 2012. This permit is
revocable for cause by KPB. If PERMITTEE wishes to terminate the permit prior to
the end of the term, PERMITTEE must provide written notice 14 days prior to
termination date and comply with the provisions of this permit prior to the
termination date. PERMITTEE is not entitled to a pro rata refund of the permit fee.
3. DEFENSE AND INDEMNIFICATION:
The PERMITTEE shall indemnify, defend, save and hold the borough, its elected
and appointed officers, agents and employees, harmless from any and all claims,
demands, suits, or liability of any nature, kind or character including costs,
expenses, and attorneys fees resulting from PERMITTEE's performance or failure
to perform in accord with the terms of this permit in any way whatsoever. The
PERMITTEE shall be responsible under this clause for any and all claims of any
character resulting from PERMITTEE or PERMITTEE's officers, agents, employees,
partners, attorneys, suppliers, and subcontractors' performance or failure to perform
this agreement in any way whatsoever. This defense and indemnification
responsibility includes claims alleging acts or omissions by the borough or its agents
which are said to have contributed to the losses, failure, violations, or damage.
However, PERMITTEE shall not be responsible for any damages or claims arising
from the sole negligence or willful misconduct of the borough, its agents, or
employees.
4. LIABILITY INSURANCE:
PERMITTEE shall purchase at its own expense and maintain in force at all times
during the term of this permit the following insurance policies:
Commercial General Liability and Automobile Insurance. Policy to include bodily
injury, personal injury, and property damage with respect to the property and the
ACTIVITIES conducted by PERMITTEE in which the coverage shall not be Tess
than $1,000,000.00 per occurrence or such higher coverage as specified by KPB.
The policy purchased shall name KPB as an additional insured with respect to the
ACTIVITIES conducted on the property. Permittee shall notify KPB with thirty (30)
days or more advanced written notice of any pending cancellation of change in
coverage.
Proof of Insurance: PERMITTEE shall deliver to KPB certificates of insurance along
with PERMITTEE'S signature on this permit. This insurance shall be primary and
exclusive of any other insurance held by KPB. Failure to provide the certificate of
insurance as required by this section, or a lapse in coverage, is a material breach of
the permit terms entitling KPB to revoke the permit.
Kenai Peninsula Borough, Alaska Page 2 of 9
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64
5. TRANSFER:
This permit may not be transferred or assigned without prior written approval by the
KPB Planning Director.
6. ACTIVITIES:
ACTIVITIES allowed under this permit are: Raceway activities.
All ACTIVITIES shall be conducted in a manner that will minimize land disturbance
and will not cause a change in the character of the land or damage water courses,
shorelines, or natural drainage patterns.
PERMITTEE shall be liable for damage to any KPB owned property resulting from
this activity. Damages resulting from the ACTIVITIES shall be repaired or replaced
by PERMITTEE at PERMITTEE'S expense; failure to repair damages subjects
PERMITTEE to all available remedies KPB has at law or equity. The election of one
remedy will not prohibit KPB from pursuing any and all of the available remedies.
All ACTIVITIES authorized under this permit shall be conducted in compliance with
all applicable federal, state, and local laws and regulations having jurisdiction over
the PROPERTY in effect during the term of this permit. PERMITTEE agrees to
obtain the necessary approvals from all third party interests and obtain all permits or
written authorization required by the applicable laws, rules, and regulations from
governing authorities. PERMITTEE agrees to provide documentation of all
applicable licenses and permits as requested by KPB.
All ACTIVITIES shall avoid harming or disturbing bald eagles or their nest sites in
accordance with the Bald Eagle Protection Act (16 USC 668).
In addition to the above, PERMITTEE'S ACTIVITIES shall conform to the following
conditions:
A. FIREWOOD COLLECTION. Cutting of live trees or vegetation is prohibited
for use as firewood. The gathering of wood from dead and down trees on the
PROPERTY is allowed within the course of ACTIVITIES listed,
B. OPEN FIRES. Open fires on the PROPERTY are prohibited.
C. TEMPORARY STRUCTURES. Only temporary structures may be placed on
the PROPERTY and shall be located not less than seventy -five (75) feet
from the mean or ordinary high water mark of all lakes, streams, or other
bodies of water. Temporary structures are defined as being removable within
forty -eight (48) hours notice.
Kenai Peninsula Borough, Alaska Page 3 of 9
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65
D. SANITATION. The PROPERTY shall be kept in a clean and sanitary
condition and every effort shall be made to prevent the pollution of waters.
Sanitary facilities shall be in accordance with the State of Alaska,
Department of Environmental Conservation regulations.
E. SAFETY. PERMITTEE is responsible for the safety of all persons
conducting ACTIVITIES on the PROPERTY under this permit. PERMITTEE
agrees to provide clientele with information regarding rules and regulations
and other information pertaining to the PROPERTY and the permit.
7. PROHIBITIONS:
PERMITTEE agrees to the prohibitions:
A. VEGETATION. There shall be no clearing of trees, shrubs or vegetation
without prior written approval from KPB.
B. WASTE BURIAL. The burial of waste or trash is prohibited. Waste must be
transported off site daily.
STORAGE. Storage of petroleum products is allowed in amounts necessary
for activities required on the property only upon condition that PERMITTEE
exercise proper care, handling, and safe and proper storage. Fuel may not
be placed within 100 feet of any wetland or the mean or ordinary high water
mark of any lakes, streams, or other bodies of water. Fuel must be stored in
leak proof containers and placed within a secondary containment,
impermeable berms and basins capable of retaining 110 percent of storage
capacity plus 12 inches of free board to minimize uncontained spills or leaks.
D. ACCESS. PERMITTEE shall not restrict public access to State waters or
KPB owned land except as necessary to protect personal property or public
safety.
E. PUBLIC USE. PERMITTEE may not restrict public use of the shorelines.
F SURVEY MONUMENTS. All survey monuments, witness corners, reference
monuments, mining claims posts, bearing trees and subdivision
monumentation shall be protected against destruction, obliteration or
damage. Any damaged or obliterated markers shall be reestablished by
PERMITTEE in accordance with accepted survey practice of KPB.
G. RIGHTS -OF -WAY. Activities within borough rights -of -ways must comply with
KPB Title 14.40, and requires a permit from the KPB Road Maintenance
Department.
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66
H. ANADROMOUS STREAMS. Activities within fifty horizontal feet of streams
designated anadromous by the borough must comply with KPB Title 21.18.
8. CULTURAL RESOURCES:
PERMITTEE shall not disturb historic or prehistoric resources. Should previously
undiscovered artifacts or areas of historic, prehistoric or archaeological importance
be discovered, the site shall be protected from further disturbance and PERMITTEE
shall immediately cease activities and contact KPB and the State Historic
Preservation Office.
9. WILDFIRES:
PERMITTEE shall take immediate action to suppress uncontrolled fires and report
them to the proper authorities as soon as possible.
10. LOCATION:
PERMITTEE is responsible for properly locating himself and associated
ACTIVITIES on the PROPERTY.
11. SUITABILITY:
KPB does not represent or guarantee the safety, suitability, or condition of the
PROPERTY for any purpose for which PERMITTEE is using the PROPERTY. It is
solely PERMITTEE'S responsibility to determine the value and suitability of the
PROPERTY for PERMITTEE'S uses.
12. INSPECTIONS:
A. Authorized agents of KPB shall have access at all times to the PROPERTY.
B. At times when the PROPERTY is in use, PERMITTEE shall have a
representative available to receive, on behalf of PERMITTEE, any notices
and instructions given by authorized KPB personnel in regard to performance
under this permit and to take such action as required by the terms of this
permit:
C. PERMITTEE shall maintain on file with KPB the name, title, address, and
telephone number of an individual with overall authority for ACTIVITIES
under this permit, and who shall be the point of contact for routine and
emergency notices, information and correspondence, relative to this permit.
D. Prior to termination of this permit and release of bond, if any, PERMITTEE
shall transport authorized Borough agent(s) for required final inspection.
Kenai Peninsula Borough, Alaska Page 5 of 9
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67
13. EXPIRATION:
On or before the expiration date of the permit, PERMITTEE shall remove all trash,
waste, materials, equipment, and other personal property PERMITTEE has placed
or caused to be placed on the PROPERTY. If materials, equipment, or personal
property are not removed by the expiration date, they may become the property of
KPB and may be used or otherwise disposed of by KPB without obligation to
PERMITTEE, This permit in no way constitutes a preference to PERMITTEE for
sale or lease or permit renewal of this PROPERTY.
14. ENVIRONMENTAL HAZARDS:
PERMITTEE shall not keep any hazardous materials or create any environmental
hazards for the public or PERMITTEE'S clientele on the PROPERTY. The defense
and indemnification clause set forth in Section 3 of this agreement specifically
extends to violations of this section.
15. NOTICES:
All notices shall be sent to both parties as follows:
KENAI PENINSULA BOROUGH PERMITTEE:
Planning Director Kenai Peninsula Racing Lions
144 N. Binkley PO Box 2755
Soldotna, AK 99669 -7599 Soldotna, AK 99669
16. PERMIT FEES:
A non - refundable land use fee of $400.00 shall be paid in advance.
17. TAXES:
Any taxes levied due to assessment of land use or activities shall be paid by
PERMITTEE.
18. SEVERABILITY:
Any provision or clause of this permit that is deemed invalid by a court or otherwise
by law shall not affect the validity of the remainder of the agreement.
19. GOVERNING LAW; JURISDICTION:
This agreement shall be governed by the laws of the State of Alaska. Any legal
action brought in court regarding this permit shall be filed with the trial courts of
Alaska, Third Judicial District at Kenai.
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68
20. LAWS AND PERMITS:
PERMITTEE shall abide by all applicable federal, state, and borough statutes,
ordinances, rules, and regulations. PERMITTEE is responsible for obtaining all
federal, state, and local permits applicable to the PERMITTEE's activities and
keeping such permits in good standing.
21. NO PARTNERSHIP:
No provision of this permit shall be construed to create a partnership or joint venture
or any other arrangement between KPB and PERMITTEE where KPB would be in
any way responsible for debts, losses, or liabilities of PERMITTEE.
22. WAIVER:
A waiver by KPB of any of the provisions of this permit shall not be construed as a
continuing waiver of a provision, or a waiver of any other provisions of the permit.
Any waivers of the permit conditions shall be done in writing signed by both parties.
23. ENTIRE PERMIT:
This document sets forth the entire permit granted; no representations or promises
not contained in this document have been made by KPB. No modification to this
permit is binding unless in writing and executed by both parties.
24. CAPTIONS:
The captions and headings used in this permit are for convenience only and do not
alter or construe the text of the section.
25. CONSTRUCTION:
This permit shall be interpreted according to its fair meaning and intent, and not for
or against either party.
26. SIGNATURE:
PERMITTEE is signing this permit of PERMITTEE'S own free will after having had
the opportunity to review the same with counsel of PERMITTEE'S choice.
This permit is effective upon KPB's receipt of the initial permit fee, proof of insurance, and
the fully executed permit containing the original signatures of both parties below.
Kenai Peninsula Borough, Alaska Page 7 of 9
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69
IN WITNESS WHEREOF, the parties hereto have set their hands the day stated in the
acknowledgments below.
KENAI PENINSULA BOROUGH:
i J 2
PERMITTEF Cenai Peninsula Ra Lions
Sign Name • L_
David R. Carey, Print Name
Title L�YL7�l ti7-v �;
. de L e l �� %. 4r4" fi}
ATTEST:
Johni Blankenship, Borough Clerk
Sign Name
Print Name V-01, F f C`0 Y1
Title -11-12_ ,V1Vit
Kenai Peninsula Borough, Alaska Page 8 of 9
Racing Lions
70
NOTARY ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ` day of
krJ. , 2011, by David R. Carey, Mayor of the Kenai Peninsula Borough, an
Alaska municipal corporation, for and on behalf of the corporation.
OFFICIAL SEAL
Jessica Bohn
Notary Public - State of Alaska
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
Note ublic in and for Alaska
Commission Expires: W .e_
The 4foregoing instrument was acknowledged before :`
me this day of ) r 1 ,
2011, by ) C UL t'C m tha i 1l' V\ , the P(reWite%t of
(Rama) (title of officer)
C4' 1L4 CI L)IIS for a d on beha of the corporation.
(name of corporation)
640
ti
OFFICIAL SEAL
Michele Turner
Notary Public - State of Alaska
ti
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
Notary Public for S . of Al ka
Commission Expires: 1/
The foregoing instrument was acknowledged before me this 11. day of Apica....,
2011, by d r C_Wts -rte , the —1'r eas Lore- r of
Hamel (title of officer)
i��tr;. ¢. v∎si&tci. RazL►N LI orb S for and on behalf of the corporation.
(name of corporation) J
Kenai Peninsula Borough, Alaska
Racing Lions
Notary Public for State of Alaska
Commission Expires:9-- 25 -eo/ 2_
71
Page 9 of 9
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ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE (MM /DD /YYY)
ovIs•J010
THIS CERTIFICATE IS IOSUEO AS A MATTER or INFORMATION ONLY AND CONFERS NO RIGI ITS UPON IT IC CE RTIrICATC I (OLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS
CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR
PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cediticate holder is an ADDITIONAL INSURED. the poticy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the leans and
candillons of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsements)
PRODUCER ' CONTACT
1 NASAL :ehll Mama
1 PHONE E FAX
Willis of Illinois, Inc. j AT Nt, Ei. 1.100- 31u•6ro;i I iAht. Nos 1•NPJF•iltr.23tn
425 N. Martingate Road, Suite 1100 , L.1.1/4 A Ess •,Qn,c,,��„Y- .1 m
Schaumburg, IL 60173 cu°sr°o cyst-owe i0r <LIONCIU
i. INSURER(S) AFFORDING COVERAGE
NAICII
INSURED I IN SURER A : ACE American Insurance Company
22667
Kenai Peninsula Racing Lions I INSURER B :
DVNLgES TO RENIEO
PRER15ES(Enoaamnccl
KenaiAteska 1 INSURER C:
MIN CLAn41S•HADE 1 X i OCCUR
I INSURER 0 :
51.000
I INSURER E
} INSURER F: _
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COVERAGES
CERTIFICATE NUMBER;
REVISION NUMBER:
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE
XCLUSICNS AND CONDITIONS OF SUCH POLICIES 4.1MITS SHOWN MAY HAVE BEEN
ISSUED TO THE
CONTRACT OR
POLICIES DESCRi9ED
REDUCED By
POLICY EFF
/MF.11Dr)IYYYi
INSURED NAMED ABOVE FOR THE POLICY PERIOD
OTHER DOCUMENT WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT 70 ALL THE TERMS.
PAID CLAIMS
IN-SR
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TYPE Or INSURANCE glSR I %WO
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INCLUDED IN ABOVE
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ANY 'rfUi?a(UNrYAN1NhmokLUIIVr
OFFICEPo1.IEt1BER EXCLUDEOT
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OE6CnIPTKaN OF OPCNAT; *NS bean, I
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4GACRIPTi0N ..... 1 N&UOCA11ONS.VEMILLCn aAeaeA ,TLORD 101 Addicen1 Nert v,AS 5 duk /1,1410 space rs rrquredJ
Pnwistons 0101e policy apply to the named Insureds pe4U0dpoO3e In the faaowkq vasty during the policy period shorn abovet 2010-2011
Kenai RenMeula Borough is Included es an Additional Ilauredisl. but only with inspect to General Ua603ty arieing out tithe ow Of premises by the Inslaed Shown above and not oat of the solo
negligence Wsaidaddltlenet Insured.
PROVISIONS Of THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES
CERTIFICATE HOLDER
CANCELLATION
Kenai Petllosule Borough
144 N. Binldes Street
&Moine Alaska 69669
ACORD 25 (2009!09)
511111'1.1) ANY (11.'11((' Alirlt'li flYa('KIHI:[) P[H.I(7fiti HFI CA?('17.1111 OF RIPE
E \PIK. \1IC )V 1). \'Ili l'i119RI.OK. NtY1K'1: 1\ILA. Atli 1)L•U1'Iatk'I)1) -1( Y'Uk1).lN('S- 0.1[Il 1111
I'(O WY 1'RIH9ti11
41988.2009 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORO
73
,..0)
Ne
Kenai Peninsula .Borough
144 N. Binkley
Soldotna, Alaska 99669 -7599
BUSINESS: (907) 714 -2197 or (907) 714 -2175
FAX: (907) 714 -2376
TAX COMPLIANCE CERTIFICATION
FILL IN ALL INFORMATION REQUESTED, SIGN AND DATE, AND SUBMIT WITH BID OR PROPOSAL
LAND USE PERMIT
Reason for Certificate: For (Dept.): LAND MANAGEMENT
Date Recd by Finance: + /f% 'd Business Name:
Owner Name(s): a. Individual
Business Mailing Address: P.), P - Z1F . �t'l\ p \'C`h Rk b. Corporation
Tetep?tone: ac,- J.}( - � 1"1-2311 Fax: -^ I c. Partnership
E-mail: -- d. Other i c� �Gt'1 -'3t it NI
+' *A.
eir .1' ►'
• w.
to. -- ti r
As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula
Borough? Yem it No _ (If yes, please supply the following account numbers and sign below. If no, please sign below.)
Kenai Peninsula Borough Coda of Ordinances, Chapter 5.28.140, requires that businesses /individuals contracting to do business
with the Kenai Peninsula Borough be in compliance with Borough tax provisions. No contract will be awarded to any individual or
business who is found to be in violation of the Borough Code of Ordinances in the several areas of taxation.
BEAL/PERSONAL/WUSJNESS PROPERTY ACCOUNTS
Number Account Name
Kenai Peninsula Borough Finance Dept (Signature Required)
SALES TAX ACCOUNTS
Number
Fy gount Na„
?Na) i 4;1LlNS
Kenai
Borough Se
information Is correct as of
TAX ACCOUNTS /STATUS
(TO BE COMPLETED BY BOROUGH PERSONNEL)
YEAR LAST PAID BALANCE DUE
IN COMPLIANCE
YES n NO
Date
TAX ACCOUNTS /STATUS
(TO BE COMPLETED BY BOROUGH PERSONNEL)
FILED THRU M1F�, BALANC
i1/ -/ YES IN MPLIANCE
NO ❑
(Signature Required) ate
, the r s,,, �Q 5"- , hereby certify that, to the best of my knowledge, the above
(MOO Pilloilunket;0040)
^" *IF MY BUSINESS 18 CONDUCTED OR IS AWARDED A MO WITHIN 1S NAI PENINSULA, YOU.MUI3T
BE QED TO COLLECT 3ME$ TAX. 131! SALES TAX nI) 1I' CAN BEIENZWIDAT 714411'x.
74
Revised 114111
KENAI PENINSULA BOROU'''I
PAYMENT RECEIPT
Type
Description
Page 1 of 1
Received By: JenniferL Receipt Number: U11.15423
Location: Kenai Front Counter Receipt Year: 2011
Session: JenniferL -1018 Date Received: 04/11/2011
Balance
Net Tax
Fees Current Current Balance
Interest Penalties Due Paid Remaining
Other - Type: Land Use Permits 250.36250 400.00 0.00 0.00 0.00 400.00
Miscellaneous
* * *" ** ** "PLEASE LOOK AT YOUR RECEIPT CLOSELY AS TO THE TAX YEAR/BILL YOUR PAYMENT WAS APPLIED TOWARDS
THE BALANCE REMAINING IS THE AMOUNT DUE AS OF THE DATE OF THE RECEIPT
400.00
0.00
Totals: 400.00 0.00 0.00 0.00 400.00
400.00
0.00
Tender Information: Charge Summary:
Checks #3053 400.00 Other - Miscellaneous
400.00
Total Tendered 400.00 Total Charges
400.00
Kenai Peninsula Borough
By Whom Paid:
KENAI PENINSULA RACING LIONS
PO BOX 2755
SOLDOTNA, AK 99669
75
BALANCE REMAINING 0.00
CHARGES 400.00
PAID 400.00
CHANGE 0.00
On Saturday, May 21, 2011, during our first Motocross race event, I took decibel readings using a decibel
meter at various locations. Here are the results:
South end of parking area during a "big bike" class = 46 — 50.3 dB
Fork in road of Shotgun Dr. = 49 -52 dB
Kenai Spur Hwy. and Shotgun Dr. — with regular traffic = 60.0 — 72 dB; with Harley Davidson motorcycle
passing by = 79.1 dB; with semi -truck passing by = 75 -77 dB
Dolchok subdivision off of Beaver Lp = 0 — 60 dB. I could not hear any activity from the MX track. The
noise levels were produced by birds and people talking.
Boundbrook Dr. 0— 60 dB, again from birds and people talking. I could not hear any race activity.
The owner's manual for the testing unit states that normal conversation is between 60 -62 dB.
Scott Bowen
76
www.reiiabilitydirectstore.com
2911 South Shore BI vd. Suite 170, League City, TX USA 77573 Phone: 281- 957 -52 83 Fax: 281- 334 -4255
Sound Level Decibel Loudness Comparison Chart
Environmental Noise
Weakest sound heard
.................... ............................... ........ ...... ..
Whisper Quiet Library
Normal conversation (3 -5')
Telephone dial tone
City Traffic (inside car)
Train whistle at 500', Truck Traffic
OdB
30dB
r
60 -70dB
80d8
85dB
90dB
Subway train at 200'
95dB
Level at which sustained exposure may result in
hearing loss
90 - 95dB
Power mower at 3'
107dB
Snowmobile, Motorcycle
100dB
Power saw at 3'
110dB
Sandblasting, Loud Rock Concert
115dB
Pain begins
125dB
Pneumatic riveter at 4'
125dB
Even short term exposure can cause permanent
damage - Loudest recommended exposure WITH
hearing protection
140dB
Jet engine at 100', Gun Blast 140dB
Death of hearing tissue
180dB
Loudest sound possible
194dB
OSHA Daily Permissible Noise Level Exposure
Hours per day Sound level
8
90dB
6
92dB
4
95dB
3
97dB
T
2
100dB
1.5
102dB
1
105dB
.5
110dB
.25 or less 1 115dB
77
Perceptions of Increases in Decibel Level
Imperceptible Change
1dB
Barely Perceptible Change
Clearly Noticeable Change
About Twice as Loud
3dB
5dB
10dB
About Four Times as Loud
20dB
Sound Levels of Music
1
Normal piano practice,., ..._ _... _
....._ .....:.....
60 - 70d8... ... _ ._ _ . .... ..
Fortissimo Singer, 3'
70dB
Chamber music, small auditorium
75 - 85dB
Piano Fortissimo
84 - 103dB
Violin
82 - 92dB
Cello
85 -111dB
Oboe
95 -112dB
Flute
92 -103dB
Piccolo
90 -106dB
Clarinet
85 -114dB
French horn
90 - 106dB
Trombone
Tympani & bass drum
Walkman on 5/10
85 - 114dB
106dB
94dB
Symphonic music peak
Amplifier rock, 4 -6`
Rock music peak
120 - 137dB
120dB
150dB
NOTES:
• One -third of the total power of a 75 -piece orchestra comes from the bass drum.
• High frequency sounds of 2 -4,000 Hz are the most damaging. The uppermost octave of the piccolo
is 2,048 -4,096 Hz.
• Aging causes gradual hearing loss, mostly in the high frequencies.
• Speech reception is not seriously impaired until there is about 30 dB loss; by that time severe
damage may have occurred.
• Hypertension and various psychological difficulties can be related to noise exposure.
• The incidence of hearing loss in classical musicians has been estimated at 4 -43 %, in rock musicians
13 -30 %.
Statistics for the Decibel (Loudness) Comparison Chart were taken from a study by Marshall Chasin ,
M.Sc., Aud(C), FAAA, Centre for Human Performance & Health, Ontario, Canada. There were some
conflicting readings and, in many cases, authors did not specify at what distance the readings were taken
or what the musician was actually playing. In general, when there were several readings, the higher one
was chosen.
78
the ciyuf
KENAI, ALASKA
'Village with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,� 11111!
Telephone: 907 -283 -75351 FAX: 907 - 283 -3014
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administrator
DATE: May 25, 2011
SUBJECT: Lease Application — Schilling Rentals, LLC, Lot 3, Block 2, GAA
The City of Kenai has received a lease application from Michael Schilling,
Schilling Rentals, LLC for the above- referenced property. As outlined in KMC
21.10.070, the application is being referred to the Commission for review and
comment.
Attached is a copy of a memo to the City Manager's Assistant, Christine
Cunningham, outlining my review of the proposed lease. It appears, based on
the application, that the lease meets the Airport Land Use Plan, Comprehensive
Plan, and Zoning.
The Airport Manager has also reviewed the lease. Also attached is a copy of that
review. As of this date, the Airport Commission has not reviewed the lease and
will be reviewing the lease at their meeting on June 9th.
DOES THE COMMISSION RECOMMEND THE CITY PROCEED WITH THE
LEASE WITH MICHAEL SCHILLING, SCHILLING RENTALS, LLC, LOT 3,
BLOCK 2, GAA?
Attachments
1992
KENAI,ALASKA
MEMO:
'Village with a Past, Ci y with a Ftture"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -75351 FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Marilyn Kebschull, City Planner
Mary Bondurant, Airport Manager
1(\, FROM: Rick Koch, City Manager
DATE: May 25, 2011
SUBJECT: Lot 3, Block 2, GAA -- Lease of Airport Lands
The purpose of this correspondence is to respond to the attached review and findings
provided by the Assistant to the City Manager, Airport Manager and City Planner.
Based on the review and findings presented, and the joint recommendation for
approval action of the application, please schedule the application for the next Airport
Commission and the Planning and Zoning Commission meeting (s) for review and
comment.
Attachments
cc: Christine Cunningham, Assistant to City Manager
80
KENAI ALASKA
"Vi/fa e with a Past, Gi with a Future /I
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907 -283 -3014
1992
MEMO:
TO: Christine Cunningham, Assistant to the City Manager
FROM: Marilyn Kebschull, Planning Administration " ■
DATE: April 19, 2011
SUBJECT: Lease Application — Lot 3, Block 2, GAA — Schilling Rentals, LLC
On April 19th, I reviewed the original lease application and noted concerns with the
application, as submitted, and whether it conformed to the Airport Layout Plan and the
Comprehensive Plan. The amended lease application identifies the proposed use of
the property as air freight shipping and receiving or aircraft parking. The following
information addresses the amended application and stated use(s).
This property is located at 155 Granite Point Court and is located in the Airport Reserve.
➢ Airport Land Use Plan -- The ALP was approved in July, 2009. On sheet 13 of
the plan, the property is identified as Aviation Related Activities. Sheet 14 of the
approved ALP, identifies the parcel as General Aviation and Light Commercial.
The Supplemental Plan defines General Aviation /Light Commercial as, "Areas
used by general aviation and light commercial aviation activities requiring taxiway
access to the paved runway. Uses shall be restricted to aircraft meeting taxiway
pavement strength limitations and taxilane and taxilane object free area width
standards defined in FAA Advisory Circular 150/5300-13."
The proposed uses conform to the ALP.
➢ Comprehensive Plan,— The City of Kenai Comprehensive Land Use Plan
identifies this area as Airport Industrial. The Airport Industrial area is defined as,
"The Airport Industrial district identifies airport lands reserved for the Kenai
Municipal Airport and its future expansion, and tracts needed for present and
future aviation- related uses and activities.
The proposed uses conform to the Comprehensive Plan.
81
➢ Zoning —The property is zoned IL — Light Industrial. Warehouses and Airports
and related uses are permitted within the zone.
Based on the information provided in the amended lease application, the proposed
lease conforms to the ALP, Comprehensive Plan, and Zoning.
cc: Mary Bondurant, Airport Manager
82
Municipal Airport
MEMO
To:
From: Mary Bondurant — Airport Man
Date: May 19, 2011
Subject: Lease Application -- Schilling Rentals, LLC
"Servo i Qrea v Ke ai/ P ,
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907283 -7951
FAX 9072833737
Christine Cunningham — Assistant to City Manager
I have reviewed the amended lease application in accordance with KMC
21.10.070 and the findings are below:
✓ Airport Layout Plan: FAA approved ALP 7/9/2009 illustrates:
Sheet 13 of 16 Existing Land Use & Zoning -- land use for "Aviation
Related Activities ".
Sheet 14 of 16 Future Land Use Drawing — land use as "General Aviation
& Light Commercial."
Hangar and warehouse will be used for air freight shipping and receiving
and /or aircraft parking. There are three aircraft tied down on the apron
which has direct taxiway access.
✓ Airport Master Plan: land use as "GA and Light Commercial."
✓ FAA Regulations: Appears to meet FAA regulations
✓ AIP Grant Assurances: No conflict appears
✓ Airport Operations: No maintenance conflicts
83
The proposed change in the use of the property appears to meet all requirements
of the Airport Land Use Plan, Airport Layout Plan, Master Plan, FAA regulations,
Grant Assurances and Airport Operations.
I recommend approval of the proposed change of use. If directed by the City
Manager, this application can be reviewed by the Airport Commission at the June
9, 2011 meeting.
Please contact me if you have any questions.
Cc: Marilyn Kebschull, City Planner
84
AMENDED
CITY OF KENAI
210 Fldalgo Avenue, Kenai, Alaska 99611 -7794
(907) 283 -7535 Ext. 223
LEASE APPLICATION
For Land Inside the Kenai Municipal Airport Reserve
FOR CITY USE ONLY
Date..- * $ ':.0
Signature'Q%
1. Name of Applicant M <ICtiilAElL` SCHEBEING
2. Business Name SCHILLING RENTALS LLC
4dnminls
3. Business Type (circle one) sole proprietor partnership corporation L.L.C. 4. AK Business License No.
5. Mailing. Address 420 N WILLOW KENAI AK 99611
6. Telephone 907 -283 -7556 7. Email Address CHERYL @GLMCORP. COM
8. Kenai Peninsula Borough Sales Tax No. (if applicable) 39927
9. Land Requested:
If platted, give legal description LOT 3, BLOCK 2, GENERAL AVIATION APRON
If not platted, attach a site plan showing the proposed dimensions and location on the Airport.
—>10. Proposed Use of the Property (Be specific)
97s AIR. FREIGHT SHIPPING & RECEIVING OR AIRCRAFT PARKIK, Lease Term Desired N/A years
309129
12. If you plan to base or service aircraft on the property, give
a. Make, type, & wingspan of the largest aircraft
b. Total number of aircraft you expect to be based or serviced on the property at one time
13. If you plan to construct improvements or otherwise develop the property: N/A
a. Attach a Development Plan (see attached checklist) N/A
b. Describe the building type, construction materials, size, etc. N/A
c. Construction beginning date N/A
d. Construction completion date (maximum of two years) N/A
e. Estimated total cost of the proposed development & improvements $ N/A
14. If you plan to operate a business on the property, attach a business plan (See application instructions). N/A
15. If you would like the City to consider any additional information relating to your proposal, please put it in writing and
submit it with this application.
APPLICANT'S SIGNATU
Printed name: MIKE SCHILLING
Date: 4/8/2011
Title: OWNER
APPLICANT'S SIGNATURE: Date:
Printed name: Title:
85
June 2011
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WORK SESSION
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89
ItENAI�I ALASKA
1/`lla e with a Past, Ct'i with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 '�ii
Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 1 I
1992
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: June 2, 2011
SUBJECT: KPB Ordinance 2011 -12
The Kenai Peninsula Borough Assembly is considering Ordinance 2011 -12 which would
amend KPB 21.18.025 to include all anadromous water bodies within the municipal
boundaries of the Kenai Peninsula Borough. (See attached ordinance.) The City of
Kenai recently became aware of this proposed amendment. This amendment affects
approximately 191 properties within the City of Kenai. The City has scheduled a public
meeting on Friday, June 3rd, from 6 to 8 p.m. The Borough has been asked to provide
information to residents of the City the specific effects of the ordinance and to answer
questions. All affected property owners within the City were sent an invitation to the
meeting.
Information received at this meeting will be presented to you at your June 8th meeting.
Any comments or concerns the Commission has regarding the proposed amendment
will be forwarded to the Borough Assembly for consideration during deliberation on the
ordinance.
Attachments
91
'lla e with a Past, C# with a Futurre"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -75351 Fax: 907 - 283 -3014
www.ci.kenal.ak.us
May 27, 2011
The Honorable Gary Knopp
Kenai Peninsula Borough Assembly
144 N. Binkley Street
Soldotna, AK 99669
Subject: Kenai Peninsula Borough Ordinance 2011 -12
Dear President Knopp:
The purpose of this correspondence is to request a postponement of Assembly action on the
above referenced ordinance until after a public meeting can be held, and the ordinance is
discussed /considered by the City of Kenai's Planning .& Zoning Commission and City Council.
The City had not received communication from the Borough that this ordinance was being
considered and only became aware of the legislation recently.
The City of Kenai has advertised for a public meeting to be held on June 3, 2011, 8:OOPM-
8:OOPM, in Council Chambers at Kenai City Hall. The purpose of the meeting is to provide
Information to residents of Kenai as well as discuss the above ordinance.
This issue will be a discussion item before the Planning & Zoning Commission on June 8, 2011,
and a resolution may be scheduled before Council at their June 15, 2001 regularly scheduled
meeting.
I respectfully request that Borough staff attend the City of Kenai's public meeting on June 3rd to
define the specific effect of the ordinance and respond to questions.
Within the City's corporate boundaries, approximately 191 properties are affected by Ordinance
2011 -12. The City is contacting each of the property owners to inform them of the ordinance and
to invite them to the June 3rd public meeting.
Thank you for your consideration in this matter. If you have any questions, please contact me at
your earliest convenience.
Sincerely,
)ENAI
ch
cc: Mayor Dave Carey
Kenai City Council
92
1® AAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAA AAAAA,A,AAAAAAAAAAAAAAAAAAe®
1 ►
A ►
A
A P
City of Kenai ►
KEHAIvSKA Public Meeting Notice
■
1 ►
1 ►
The City of Kenai is holding a public meeting to provide
information and discuss proposed Kenai Peninsula
•
A Borough (KPB) Ordinance 2011 -12, to add additional •
A water bodies which will be subject to Anadromous Stream
Habitat Protection as provided for under KPB 21.18.
1 •
1 •
The effect of the above referenced ordinance, in part, will C
® be to impose development restrictions along certain •
streams within the Kenai City limits. These increased C
® restrictions will affect approximately 191 different ;
properties and 96 different property owners. .
® •
1
The meeting will be attended by City and Borough C
Officials.
1 ►
1 ■
Date: Friday, June 3, 2011
Time: 6:00 p.m. — 8:00 p.m. lo
Location: City of Kenai Council Chambers,
210 Fidaigo Ave., Kenai. AK
1 ►
A ►
If you have any questions contact Rick Koch at:
.41 A (907) 283 -8223. Is
1 ■
1 •
-a •
1 •
1 ►
1 ►
1 ►
1 ■
1 ►
1 O-
A•
1 •
1 ■
1 ►
Introduced by: Smith
Date: 04/19/11
Hearings: 05/17/11 & 06/07/11
Action:
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 2011 -12
AN ORDINANCE AMENDING KPB 21.18.025 TO ADD ADDITIONAL WATER
BODIES SUBJECT TO ANADROMOUS STREAM HABITAT PROTECTION
1 WHEREAS, KPB Chapter 21.18, Anadromous Streams Habitat Protection, was initially
2 adopted in 1996 to protect salmon spawning and rearing habitat; and
3 WHEREAS, initially the provisions of the ordinance only applied to portions of the Kenai
4 River; and
5 WHEREAS, through ordinance 2000 -08 the assembly expanded the scope of this chapter to
6 apply to 10 tributaries of the Kenai River and 14 additional streams within the
7 east side of Cook Inlet; and
8 WHEREAS, the findings in KPB 21.18.010, supporting expanding the scope of Chapter 21.18,
9 apply with equal force to virtually all of the other anadromous streams in the
10 borough excluding those found within the Seward -Bear Creek Flood Service
11 Area; and
12 WHEREAS, the best interests of the borough would be served by consistently applying this
13 ordinance to the remaining anadromous streams in the borough as provided in this
14 ordinance; and
15 WHEREAS, at its regularly scheduled meeting of , the planning commission
16
recommended
Kenai Peninsula Borough, Alaska
New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -12
Page 1 of 4
92
94
1 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
2 PENINSULA BOROUGH:
3 SECTION 1. That KPB 21.18,025 is hereby amended as follows:
4 21.18.025. Application.
5
6
7
8
10
11
A. The following anadromous streams, as identified in the "Atlas and
Catalogue of Waters Important for Spawning, Rearing, or Migration of
Anadromous Fish" published by the Alaska Department of Fish and
Game, are subject to this chapter:
[Al Within the east side of Cook Inlet as follows:
1. Kenai River, Stream No. 244 -30- 10010, and its following
tributaries:
12 (a) Beaver Creek, Stream No. 24430 - 10010 -2025
13 (b) Slikok Creek, Stream No. 24430 -10010 -2030
14 (c) Soldotna Creek, Stream No. 24430-10010 -2039
15 (d) Funny River, Stream No. 24430 - 10010 -2050
16 - ..- (e) - -- -- Moose - River, - Stream No. 24430 -10010 -2063
17 (f) Killey River, Stream No. 24430 -10010 -2076
18 (g) Upper Killey River, Stream No. 24430-10010 -2110
19 (h) Russian River, Stream No. 24430 -10010 -2158
20 (i) Quartz River, Stream No. 24430- 10010 -2177
21 (j) Trail River, Stream No. 24430 -10010 -2225
22 2. Swanson River, Stream No. 247 -90 -10020
Ordinance 2011 -12 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 2 of 4
93
95
1 3. Kasilof River, Stream No. 244 -30 -10050
2 4. Ninilchik River, Stream No. 244 -20 -10090
3 5. Deep Creel, Stream No. 244 -20 -10100
4 6. Stariski Creek, Stream No. 244 -10 -10050
5 7. Anchor River, Stream No. 244 -10 -10010
6 8. Fox River, Stream No. 241 -14 -10645
7 9. SeldoviaRiver, Stream No. 241 -11 -10730
8 10. English Bay River, Stream No. 241 -30 -10500
9 11. Bradley River, Stream No. 241 - 1410625 -2010
10 12. Bishop Creek, Stream No. 246 -90 -10030
11 13. Chickaloon Creek, Stream No. 247 -60 -10110
12
13
14. North Fork of Anchor River, Stream No. 24410 - 10010 -2011
15. Seven Egg Creek, Stream No. 24780 -10010
14 B, In addition to the water bodies listed in 21.18.025(A), all anadromous
15 waterbodies within the municipal boundaries of the Kenai Peninsula
16 Borough which are listed in the "Atlas and Catalogue of Waters Important
17 for Spawning, Rearing, or Migration of Anadromous Fish" as periodically
18 updated and published by the Alaska Department of Fish and Game,
Kenai Peninsula Borough, Alaska
New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -12
Page 3 of 4
94
96
1 excluding all portions of waterways found within the Seward -Bear Creek
2 Flood Service area, are subject to this chapter as of January 1, 2012.
3 SECTION 2. That this ordinance takes effect immediately, upon its enactment.
4 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *
5 BAY OF * 2011.
Gary Knopp, Assembly President
ATTEST:
Johni Blankenship, Borough Clerk
Yes:
No:
Absent:
Ordinance 2011 -12 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 4 of 4
95
97
KEN AI PENINSULA BOROU
PLANNING DEPARTMENT
144 North Binkley Street Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2200 ao FAX: (907) 714 -2378
Toll-free within the Borough: 1.800 -478 -4441, Ext. 2200
J.hof_ou l keriai.ak.u$
DAVID R. CAREY
BOROUGH MAYOR
MEMORANDUM
TO: Gary Knopp, Assembly President
Kenai Peninsula Borough Assembly Members
THRU: David R. Carey, Borough Mayor mittm:4
FROM: ,,Max J. Best, Planning Director
DATE: April 28, 2011
SUBJECT: Ordinance 2011 -12, An ordinance amending KPB 21.18.025 to add
additional water bodies subject to Anadromous Stream Habitat Protection.
The Planning Commission reviewed the subject ordinance during their regularly
scheduled April 25, 2011 meeting. A motion passed by unanimous consent to
recommend approval of the ordinance.
In the ordinance, please make the following amendment to the last WHEREAS:
WHEREAS, at its regularly •scheduled meeting of April 25, 2011, the KPB
Planning Commission recommended approval.
Attached are the unapproved minutes of the subject portion of the meeting.
96
98
AGENDA ITEM F. PUBLIC HEARINGS
5. Ordinance 2011 -12, An ordinance amending KPB 21.18.025 to add additional water bodies subject to
Anadromous Stream Habitat Protection.
Memorandum given by Max Best PC Meeting: 2/28/2011
In 1996, the Kenai Peninsula Borough began regulating development adjacent to the Kenai River in order to
provide riparian habitat protection.
in 2000, the Assembly enacted Ordinance 2000 -08 which added 24 additional streams to include more of the
major salmon rearing and spawning habitat on the Kenai Peninsula.
The findings validating Ordinance 2000 -08 are not only valid for the currently managed anadromous streams;
they are valid for all anadromous streams within the borough.
Some findings in Ordinance 2010 -16 include:
A. In enacting this ordinance the assembly finds numerous factors affect the habitat of the anadromous
streams within the Kenai Peninsula Borough. These include bank erosion, bank trampling, pollution,
inadequate tourism infrastructure, unsuccessful attempts to remedy bank erosion or protect and
restore habitat, inconsistent regulations and enforcement, logging, grazing, mining, wetland fill and
drainage, excavation and fill of property, dredging, inappropriately Installed culverts, fuel storage, and
maintenance of existing structures.
B. The assembly finds that the sensitivity of the river area requires general prohibition on activities within
an area immediately adjacent to anadromous streams, and only activities which do not damage the
habitat should be allowed.
C. The assembly finds that fuel storage and significant removal of vegetation within the 100 year
floodplain along the anadromous streams require regulation to protect the salmon habitat.
D. The assembly finds that the uncontrolled use and pollution of shoreland and riparian areas adversely
affects the public health, safety, convenience, and general welfare, and impairs the tax base.
E. The assembly finds that the legislature of Alaska authorizes the borough to provide for planning,
platting, and land use regulation. AS 29.40.010, Planning, platting, and and use regulation, states in
subsection (a) that "[a] first or second class borough shall provide for planning, platting, and land use
regulation on an areawide basis."
F. The assembly finds that the riparian ecosystem includes stream bank and floodplain areas and
recognizes that impacts to anadromous streams may be due to activities and uses within the greater
watershed.
G. The assembly finds that the 1997 update of the Alaska Department of Natural Resources Kenai River
Comprehensive Management Plan recognized the increased use of the Kenai River resource and its
associated impacts and recognized the deterioration of near shore habitat for juvenile salmon and
stated in Section 2.2 that "[t]he importance of riparian (stream bank) vegetation to fish and wildlife
values cannot be overestimated."
H. The assembly finds that it is in the public interest to further the maintenance of safe and healthful
conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life;
control building sites, placement of structures, and and uses; and to preserve shore cover and natural
beauty. These responsibilities are hereby recognized by the Kenai Peninsula Borough.
Mr. Smith believe the findings above well elaborate the need to provide protection for salmon habitat and
KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 25, 2014 MEETING MINUTES
UNAPPROVED MINUTES
97
PAGE 33
should apply equally to all such habitat within the borough. Your consideration will be appreciated.
END OF MEMORANDUM
John Mohorcich was available to answer questions.
Vice Chairman Martin opened the meeting for public comment. Seeing and hearing no one wishing to speak,
Vice Chairman Martin closed the public comment period and opened discussion among the Commission.
MOTION: Commissioner Tauriainen moved, seconded by Commissioner lsham to recommend adoption of
Ordinance 2011 -12; an ordinance amending KPB 21.18.025 to add additional water bodies subject to
Anadromous Stream Habitat Protection.
Commissioner Tauriainen felt it would be a good thing to add streams that have salmon in them to the habitat
protection ordinance,
Commissioner Holsten stated that Mr. Smith told her that this ordinance would apply to streams once they
were identified as Anadromous. She strongly supported the motion.
Commissioner (sham felt that anything that helps protect the salmon runs is definitely a plus so he would be
voting in support of the motion.
Commissioner Gross expressed concern about any resolution that includes all of everything. She asked if
there were side effects that could come back and bite them. Vice Chairman Martin stated that there would be
unintended consequences.
Commissioner Ruffner stated this was something he felt strongly about since he has over the years of worked
on salmon protection and salmon issues across the borough. There is the discussion between the sports
fishing industry which generates $9 billon and the commercial fishing industry which generates $13 billion.
The bottom line is that salmon is really important to the borough economy and culture. There are some
consequences to asking for protection on other salmon bearing streams.
Commissioner Ruffner also stated that there was going to be some increased oversight of increased work but
what they have right now is not consistent across the board. There was a plat at tonight's Plat Committee
meeting that was platted across a salmon stream but It was noted in the notes that it wasn't part of the KPB
21.18 streams so it didn't get a note on the plat. There are cases like that, that happen on a regular basis. It
doesn't make sense to pull the streams out that have names on them but the unnamed streams that has just
as many or more salmon in them isn't recognized. He wondered if the salmon were being protected or not
and felt that this ordinance allowed them to be more consistent across the borough. He spoke strongly in
support of ordinance:
Vice Chairman Martin also spoke in favor of the motion just for the educational purposes of it.
Commissioner Foster asked Mr. Mohorcich if the Bradley River would have some repercussions with the dam
there as well as the Fox River with the cattle ranching in the area. Mr. Mohorcich replied the lists that included
those two rivers were picked up in 2000 so they have been managing those rivers since 2000. Staff has not
had physical presence on Bradley River. Staff has been at Fox River about 3-4 on four wheelers due to
applications in that area. So far they worked with one individual with cattle. It was for the installation of a
fence which was placed outside the 50 foot area.
Commissioner lsham stated that gold mining and panning were allowed in rivers and creeks. He asked how
this ordinance would affect mining. Mr. Mohorcich replied that it would have some impact since there was
quite a bit of recreational gold mining specifically in the Chugach National Forest. Permits are issued for that
type of activity on Quartz Creek but with the price of gold and the expansion of the proposed additional
streams they would be definitely busier concerning recreational mining in the Chugach National Forest.
Currently Fish and Game permits these types of mining. He stated that Fish and Game has the authority
KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 25, 2011 MEETING MINUTES PAGE 34
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1980
within the streambed, from ordinary high to the vegetation lines within the stream. The Borough manages
from the ordinary high back 50 feet on both sides. This would be more comprehensive of what was going on
in the area,
Commissioner isham stated that a six inch sluice box could be used. If this ordinance passed then staff would
have jurisdiction over the banks so the miners could not get to the stream. They would have to through that
50 foot. He asked how that would be affected. Mr. Mohorcich replied that how it would be affected would be
how the ordinance was written. If it didn't change other than including additional streams basically they would
look at that access so they would minimize someone to be able to drive their four wheeler or heavy equipment
all the way to the stream. They would not disallow the access to the stream but would manage and regulate
how they were Impacting the vegetation within the 50 foot habitat protection area,
Commissioner Gross asked if there would be a need for additional manpower. Mr. Mohorcich replied that they
had that discussion at committee level of how much manpower that this would take fiscally. There are all
kinds of answers to that. He knew that Mr. Smith thought about this and really wants to recognize the need to
protect all of the fish streams but also realizes the budget constraints. Currently, out of ali of the streams in
the catalog staff was managing approximately 20% of those river miles, 70% of streams are not currently
being managed. There also needs to be taken into consideration the geographic location for potential
increase of budgets for staff. That is where it starts getting complicated. Mr. Mohorcich hoped to have more
information. There has to be additional information for everyone to make a good decision. Mr. Smith added
an additional hearing at the Assembly level to provide more discussion.
Commissioner Taurfainen asked how this ordinance could be impacted by Chuitna mining project as well as
the additional costs this ordinance may cause regarding large mining Issues, Mr. Mohorcich replied that the
footprint of the mine was outside the borough however, the access to the inlet was within so there would be
crossings or adjacent work to some of the streams.
Commissioner Hoisten asked if applicant fees were being looked at to help cover the costs of implementing
this ordinance, Mr. Mohorcich replied yes, the Mayor has tasked each department to come up with potential
revenue increases, He stated that a draft fee schedule has been presented to the Mayor. Commissioner
Holston asked how much it cost to rehab a stream bank or restore a stream when it has been damaged. Mr.
Mohorcich replied it was much more expensive to rehab it than not to touch it. it could not be rehabbed back
to its natural state that Mother Nature had so it would always be lesser of a fix. He stated there are varying
costs for different types of fixes that could be used.
There being no further comments or questions, the Commissioners proceeded to vote.
VOTE: The motion passed by unanimous consent.
BRYSON
ABSENT
CARLU.C.CIQ_ _
YES
COLLINS
YES
ECKLUND
YES
FOSTER
YES
GROSS
YES
HOLSTEN
YES
!SHAM
YES
LOCKWOOD
YES
MARTIN
YES
PARKER
YES
RUFFNER
.YES
TAURIAiNEN
YES
12 YES
1ABSENT
AGENDA ITEM G. ANADROMOUS STREAM HABITAT PROTECTION AREA (KPB 21.18) - None
AGENDA ITEM H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
AGENDA ITEM I. SPECIAL CONSIDERATIONS
1. Time extension of DeGarmo Subdivision No. 2 Section Line Easement Vacation: KPB File 2007-009;
Seabright/Yourkowski, Griffin; Location: City of Homer
Staff Report given by Paul Voeller
PC Meeting: 4/25/11
Homer Advisory Planning Commission approved the proposed vacation on February 1, 2006 subject to
granting a 20 -foot pedestrian easement to the bluff. HM 2009 -05 granted the 20 -foot pedestrian easement per
KENAi PENINSULA BOROUGH PLANNING COMMISSION APRIL 25, 2011 MEETING MINUTES PAGE 35
UNAPPROVED MINUTES
'f01
KENAI PENINSULA BOROUGH
Kenai Peninsula Borough Assembly
144 North Blnkley Street
Soldotna, AK 99669
Phone 907 -714 -2160
Fax 907 -714 -2388
MEMORANDUM
Gary Knopp, Assembly President
Charlie Pierce, Vice President
TO: Gary Knopp, Assembly President
Kenai Peninsula Borough Assembly Members
FROM: Bill Smith, Assembly Member c-5lid
DATE: April 19, 2011
RE: Ordinance 2011 -12 . Amending KPB 21.18 Anadromous Streams Habitat Protection
to extend protection to all Kenai Peninsula Borough Anadromous Streams.
In 1996, the Kenai Peninsula Borough began regulating development adjacent to the Kenai
River in order to provide riparian habitat protection.
In 2000, the Assembly enacted Ordinance 2000 -08 which added 24 additional streams to
include more of the major salmon rearing and spawning habitat on the Kenai Peninsula.
The findings validating Ordinance 2000 -08 are not only valid for the currently managed
anadromous streams, they are valid for all anadromous streams within the borough.
Some findings in Ordinance 2010 -16 include:
A. In enacting this ordinance the assembly finds numerous factors affect the habitat of the
anadromous streams within the Kenai Peninsula Borough. These include bank erosion, bank
trampling, pollution, inadequate tourism infrastructure, unsuccessful attempts to remedy
bank erosion or protect and restore habitat, inconsistent regulations and enforcement,
logging, grazing, mining, wetland fill and drainage, excavation and fill of property, dredging,
inappropriately installed culverts, fuel storage, and maintenance of existing structures.
B. The assembly finds that the sensitivity of the river area requires general prohibition on
activities within an area immediately adjacent to anadromous streams, and only activities
which do not damage the habitat should be allowed.
C. The assembly finds that fuel storage and significant removal of vegetation within the 100 -
year floodplain along the anadromous streams require regulation to protect the salmon
habitat.
D. The assembly finds that the uncontrolled use and pollution of shoreland and riparian areas
adversely affects the public health, safety, convenience, and general welfare, and impairs
the tax base.
E. The assembly finds that the legislature of Alaska authorizes the borough to provide for
planning, platting, and land use regulation. AS 29.40.010, Planning, platting, and land use
regulation, states in subsection (a) that "[a] first or second class borough shall provide for
planning, platting, and land use regulation on an areawide basis."
. The assembly finds that the riparian ecosystem includes stream bank and floodplain areas
and recognizes that impacts to anadromous streams may be due to activities and uses
within the greater watershed.
G. The assembly finds that the 1997 update of the Alaska Department of Natural Resources
Kenai River Comprehensive Management Plan recognized the Increased use of the Kenai
River resource and its associated impacts and recognized the deterioration of nearshore
habitat for juvenile salmon and stated in Section 2.2 that "[t]he importance of riparian
(stream bank) vegetation to fish and wildlife values cannot be overestimated."
H. The assembly finds that it is in the public interest to further the maintenance of safe and
healthful conditions; prevent and control water pollution; protect spawning grounds, fish,
and aquatic life; control building sites, placement of structures, and land uses; and to
preserve shore cover and natural beauty. These responsibilities are hereby recognized by
the Kenai Peninsula Borough.
I believe the findings above well elaborate the need to provide protection for salmon habitat
and should apply equally to all such habitat within the borough.
Your consideration will be appreciated.
101
103
2,317.25 ,
Ownership and Parcel Improvements on Anadromous Streams in the Kenai Peninsula Borough
Land Ownership
All Anadromous
Streams:
Number of
Parcels
Currently
Managed
Streams:
Number of
Parcels
Anadroumos
Streams in
S /BCFSA *:
Number of
Parcels
Unmanaged
Anadromous
Streams:
Number of
Parcels
Federal
115
49
4
62
Borough
236
87
9
140
Municipal
118
49
29
40
Native
497
124
4
369
Native Allotment
41
12
1
28
Private
4,002
2,797
334
871
State
797
381
20
396
Total Parcels
5,806
3,499
401
1,906
improved Private Parcels
2,571
1,995
217
359
Improved Non - Private Parcels
124
68
10
46
Total Improved Parcels
Total Unimproved Parcels
2,695
2,063
227
405
3,111
1,436
174
1,501
Total River Miles
2,973
602.45
53.30
Source: Kenai Peninsula Borough GU Department
*Seward /Bear Creek Flood Service Area
102
104
7000
6000
5000
4000
3000
2000
1000
0
Ownership of Parcels on KPB Anadromous Streams
All Anadromous Currently Managed Anadromous Unmanaged
Streams Streams Streams in Anadromous
S/BCFSA* Streams
'tPrivately awned Parcels ['Total Parcels
Forty -six percent (46%) of all parcels on unmanaged anadromous streams are privately owned.
Adding the unmanaged streams to KPB 21.18 would result in a 54% increase of parcels to
manage_
4500
4000
3500
3000
2500
2000
1500
1000
500
0
Improved Privately Owned Parcels on KPB
Anadromous Streams
All Anadromous Currently Managed Anadromous Unmanaged
Streams Streams Streams in Anadromous
S/BCFSA* Streams
to Private Parcels w Improved Private Parcels
Seventy -one percent (71%) of all privately owned parcels on currently managed streams are
already improved /developed. On unmanaged streams, the number of already
improved /developed properties drops to forty -one percent (41%).
103
105
Total River Miles
°Currently Managed
2% Streams
riAnadroumos Streams In
S /BCFSA*
° Unmanaged Anadromous
Streams
Of the 2,973 total miles of anadromous streams in the Kenai Peninsula Borough, about 20%
(602) are not currently managed by the Borough.
1bo4
April 22, 2011
Re: Ordinance 2011 -12 Amending KPB 21.18 Anadromous Streams Habitat Protection
to extend protection to all Kenai Peninsula Borough Anadromous Streams.
Dear KPB Planning Commissioners,
I support Ordinance 2011 -12 that extends protection to all Kenai Peninsula Borough
Anadromous Streams. Salmon spawning and rearing habitat is an extremely valuable
public resource that should and must be protected. However, I am extremely disappointed
that this amendment once again excludes the Seward /Bear Creek area salmon streams.
As noted in the "Ownership and Parcel Improvements on Anadromous Streams in the
KPB" there are 5806 parcels, and 2973 total river miles of anadromous streams. This
ordinance expands coverage to all Kenai Peninsula Borough salmon streams while
specifically excluding a tiny percentage of that total covering 401 parcels and 53.30 river
miles in the Seward/Bear Creek area.
All of the findings for Ordinance 2000 -08 are valid for all of the anadromous streams in
the Borough, see Memo. Seward/Bear Creek is part of the borough. Our economy
depends on salmon, yet we are forced to BUY salmon smolt to support our annual Silver
Salmon Derby. Without borough protection, our salmon streams are being trampled,
cleared, eroded, polluted, excavated, drained, destroyed and ignored. Uncontrolled use of
shoreland and riparian areas adversely affects public health, safety, convenience and
general welfare as noted in Chapter 21. 18.
Why should our salmon streams be excluded from this wonderful and wise recognition of
their importance? It's the 215{ century! Our area streams need and deserve to be included
at last in this amended Ordinance 2011 -12.
Thank you for your consideration,
Carol Griswold
Seward, Alaska
c_griz ®yahoo.com
ACTION AGENDA
KENAI CITY COUNCIL -- REGULAR MEETING
JUNE 1, 2011
7 :00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenaLak.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. Mary Jo Joiner /Christine Cunningham -- All- America City
Presentation Update.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons
may give their time over to another speaker present, however no single speaker
present may speak for more than 30 minutes combined on their own and on others'
behalf.)
1. PASSED UNANIMOUSLY. Ordinance No. 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 and
Machines; KMC 6.05,280, Record Retention; and, KMC 6.05.335, to
Allow for Voting by Electronic Transmission and Making Technical
Corrections.
2. PASSED UNANIMOUSLY. Ordinance No. 2557 -2011 -- Adopting the
Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending
June 30, 2012.
109
3, PASSED UNANIMOUSLY. Ordinance No. 2558 -2011 -- Increasing
Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose
Facility Capital Project Fund,
4. FAILED. 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.
5. PASSED UNANIMOUSLY. 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.
(Clerk's Note; At the May 18, 2011 Council meeting, a motion to adopt
Resolution No, 2011 -40 was made and then a motion to postpone
Resolution No. 2011 -40 to the June 1, 2011 was unanimously pas .sed.
The motion to adopt Resolution No. 2011 -40 is active.)
6. PASSED UNANIMOUSLY. Resolution No. 2011 -42 -- Authorizing a
Budget Transfer Within the General Fund, Non - Departmental for the
Purchase of a New Multifunction Copier for City Hall,
7 PASSED UNANIMOUSLY. Resolution No. 2011 -43 -- Authorizing the
Purchase of a Multifunction Copier from Konica Minolta Business
Solutions.
8 PASSED UNANIMOUSLY. Resolution No. 2011 -44 -- Authorizing a
Capital Project Title Change in Ordinance No. 2258 -2007 From the
Wildwood Drive to Wildwood Drive Reconstruction and the Marathon
Road and Willow Street Improvements.
9 PASSED UNANIMOUSLY. Resolution No. 2011 -45 -- Awarding Non -
Exclusive On- Airport Car Rental Concessions to Corporate Sales &
Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a
Avis, for the Period July 1, 2011 Through June 30, 2016.
10. PASSED UNANIMOUSLY. Resolution No. 2011 -46 -- Correcting the
Total Purchase Price for Airport Snow Removal Equipment to the Amount
of $864,727.
MINUTES
ITEM E:
1.
2.
3.
4.
5.
APPROVED /CONSENT AGENDA.
APPROVED /CONSENT AGENDA.
Notes
APPROVED /CONSENT AGENDA.
APPROVED /CONSENT AGENDA.
Meeting Minutes
APPROVED /CONSENT AGENDA.
Meeting Minutes
110
*Regular Meeting of May 18, 2011.
*May 9, 2011 Budget Work Session
*May 10, 2011 Work Session Notes
*May 24, 2011 Special Council
*May 25, 2011 Special Council
ITEM F: UNFINISHED BUSINESS -- None.
ITEM G: NEW BUSINESS
1. APPROVED. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED. Ordinance No. 2560 -2011 -- Amending Kenai
Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked
Vehicles," to Amend the Definition of What is a "Junk Vehicle."
4, INTRODUCED. Ordinance No. 2561 -2011 -- Amending KMC Chapter
6.20, Initiative and Referendum, to Add a New Section 6.20.020,
"Limitation on Appropriations," to Prohibit the Appropriation of City
Funds in Order to Influence the Outcome of An Election Concerning a
Ballot Proposition or Question Initiated or Referred to the Voters Under
City Charter.
5. INTRODUCED. Ordinance No. 2562 -2011 -- Amending Section
6,10.010, "Nominating Petitions," to Delete the Requirement That a
Person Seeking to be Elected to the Office of Mayor or Council Member
File With the City Clerk a Partially - Completed Nominating Petition
Including Information of the Candidate's Name, Address, and Office
Sought, Before Circulating the Petition for Signature.
6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2563 -2011 --
Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009
Edition of the Uniform Plumbing Code, Which Code Also Incorporates the
Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar
Energy Code and to Make Local Amendments to the Codes.
7. INTRODUCED. Ordinance No. 2564 -2011 -- Amending Kenai
Municipal Code Section 10.30, "Record Retention," to Add a New Section
10.30.060 "Disclosure of Information Collection" to Require the City to
Notify Residents and Property Owners that the City Has Collected
Information About the Resident or Property Owner and /or Their Property
in the City.
8. EVANS/WILSONAPPOINTMENTS CONFIRMED. Action /Approval --
Commissioner Appointments /Library and Parks & Recreation
Commissions
9. SUBCOMMITTEE FORMED /LINDA MURPHY RECRUITMENT
ASSISTANCE CONTRACT. Discussion -- City Clerk Recruitment
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
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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 would
clearly have an adverse effect upon the finances of the City: Pending or threatened
litigation.
City Council met in executive session with City Attorney Stearns and City Manager
Koch and directed the City Attorney on potential pending litigation,
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2546 -2011 -- Amending KMC 14,22.010, Land Use Table, to Make
Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning
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: At its May 18, 2011 meeting, the City Council postponed Ordinance No.
2546 until the August 17, 2011 Council meeting for an additional public hearing at that
meeting and referred the ordinance to the Planning & Zoning Commission with directions
to schedule and to hold one or more work sessions, schedule a public hearing, and
return the ordinance to Council, with its recommendations, for the August 17 meeting.
Administration was also directed to send notice cards to all property owners of the City
to inform them of the work session(s) and public hearing. The motion to adopt is active.)
ITEM M: ADJOURNMENT
With no further business before the Council, the meeting adjourned at 9:26 p.m.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE Page 1 of 2
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. May 23, 2011
Action Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
a. Harry Lockwood, Ridgeway
b. Lisa Parker, City of Soldotna
3. Minutes
a. May 9, 2011 Plat Committee Minutes
Motion passed by unanimous consent to approve the agenda and minutes.
9b
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are
made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Michael J. Peach Homestead Jr. Addn. No. 2
KPB File 2011 -045 [Whitford / Pelch]
Location: City of Kenai
Exceptions to KPB 20.20.030, KPB 20.20.090 and KPB 20.20.160 passed by unanimous
consent. Motion passed by unanimous consent to grant approval of the preliminary plat
as presented by staff.
2. Morgan's Acres Sub Dickson Replat
KPB File 2011 -046 [Segesser /Dickson]
Location: South of Funny River Road on Zackery St.
Motion passed by unanimous consent to grant approval of the preliminary plat subject to
staff recommendations and conditions.
3. Isabella Subdivision
KPB File 201 1 -047 [Segesser /O'Brien]
Location: On Freda Drive in Nikiski
Amended motion passed by unanimous consent to grant approval of the preliminary plat
per staff recommendations.
4. Rosin Subdivision
KPB File 2011 -048 [Integrity /Rosin]
Location: Caribou Hills area
Motion passed by unanimous consent to grant approval of the preliminary plat subject to
staff recommendations and conditions.
http ://www.b orough. kenai • ak. us/planningdept/Platuomm/Agendas/2011/052311/ACTIONO... 6/2/2011
KENAI PENINSULA BOROUGH PLAT COMMITTEE Page 2 of 2
5. Kasilof Townsite Sub CIRI Replat
KPB File 2011 -049 [Integrity /CIRI]
Location: On Kalifornsky Beach Rd in Kasilof area
Motion passed by unanimous consent to grant approval of the preliminary plat subject to
staff recommendations and conditions.
6. Bos'n Landing Sub Byerly Replat
KPB File 2011 -050 [Integrity / Byerly]
Location: On Stephens Drive in Sterling
Motion to approve the preliminary plat was postponed until brought back by staff.
7. Sec Line Esmt Vac Plat Assoc. wlBos'n Landing Sub Part One
KPB File 2011 -051 [Integrity / Byerly]
Location: On Stephens Drive in Sterling
Motion passed by unanimous consent to postpone action until brought back by staff.
8. Kenai Cemetery Expansion No. 2
KPB File 2011 -052 [Integrity /City of Kenai]
Location: City of Kenai
Motion passed by unanimous consent to grant approval of the preliminary plat subject to
staff recommendations and conditions.
9. Sec Line Esmt. Vac Plat Assoc.w /Kenai Cemetery Expansion
KPB File 2011 -053 [Integrity /City of Kenai]
Location: City of Kenai
Exception to KPB 20.28.120 passed by unanimous consent. Motion passed by unanimous
consent to grant approval of the preliminary plat subject to staff recommendations and
conditions.
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: planning @boroueh.kenai.ak.us
web site: www. borough .kenai.ak.uslplanningdept
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http:// www.borough.kenai. ak.us /planningdept/PlatComm /Agendas /2011 /052311 /ACTIONO... 6/2/2011
Philip Bryson
Chairman
Kenai City
Term Expires 2013
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2012
Alice Joanne Collins
PC Member
Anchor Point! Ninilchik
Term Expires 2013
Cindy Ecklund
PC Member
City of Seward
Term Expires 2011
Dr. Rick Foster
Parliamentarian
Homer City
Term Expires 2013
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2011
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2013
James (sham
PC Member
Sterling
Term Expires 2012
Harry Lockwood
PC Member
Ridgeway
Term Expires 2013
Blair Martin
Vice Chairman
Kalifornsky each
Term Expires 2012
Lisa Parker
PC Member
City of Soldotna
Term Expires 2011
Robert Ruffner
PC Member
Kasilof /Clam Gulch
Term Expires 2012
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
May 23, 2011 - 7:30 P.M.
Action Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk ( *) are consent agenda Items. Consent agenda items are considered
routine and non - controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the Item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Request
a. Rogers Subdivision
KPB File 2008 -222; Lobdell /Rogers
Location: City of Kenai
b. Tachick's Retreat
KPB File 2006 -041; Lobdell/Tachick
Location: North of Ninilchik River
*2. Planning Commission Resolutions / Resolution SN 2011 -09
a. Gold Rd/ St (aka Gold Ave) dedicated by plats HM0740486 North
Fork Acres No 3, HM0790012 Thomas Simmons Subdivision,
HM0830123 Outlook Subdivision Addition No 1, & Royal Highlands
Phases 1 -7 & 12; T4S R14W S34 &35; RENAMED TO Tillygirl Ave
b. Laurel St (aka North Laurel Ave) dedicated by plats KN0001575
Thomack Subdivision 1968 Addition; TO2N R12W S32; RENAMED
TO Dilllgara Ln
c. Unnamed Rd (aka Chieslak Ct) dedicated by plat KN0850215
Spruce Haven Subdivision; T3N R12W S14; RENAMED TO
Chieslak Cir
d. Tawney St (aka Tawney Ave) dedicated by plat KN0740065 Loralyn
Subdivision; T2N R12W 81; RENAMED TO Tawney Ave
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070)
*5. Plat Amendment Request
*6. Coastal Management Program - None
*7. Commissioner Excused Absences
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1
Jason Taurialnen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
*8.
a. Harry Lockwood, Ridgeway
b. Lisa Parker, City of Soldotna
Minutes
a. May 9, 2011 Plat Committee Minutes
b. May 9, 2011 Planning Commission Minutes
Motion passed by unanimous consent to adopt the consent agenda and approve the
regular agenda.
D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. 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
Motion passed by unanimous consent to recommend approval of the
resolution.
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
Motion passed by unanimous consent to grant approval of the vacation
as petitioned.
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 Devorld for the Kenai
Christian Church, Kenai, Alaska. Location: City of Kenai
Motion passed by unanimous consent to grant approval of the vacation
as petitioned.
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
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2
Motion passed by unanimous consent to rename Aloha Dr (aka Aloha
St) to 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
Motion passed by unanimous consent to rename North Manor Dr (aka
North Manor Rd) to Skittles St.
c. Falls Creek Rd/ Underwood Apperson Ave shown on plat
HM2000039 Osemore Subdivision; TIN R12W S8; SM, AK; In the
Clam Gulch community off of the Sterling Hwy; ESN 451; REASON
FOR CHANGE: Duplicate; PROPOSED NAME: Dos Sisters Ave
Motion passed by unanimous consent to rename Falls Creek Rd 1
Underwood Apperson Ave to Wise Owl 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, 2011 MEETING) MOTION ON THE
FLOOR: Commissioner !sham 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 road improvement
projects without assembly approval.
Amended motion passed by unanimous consent to recommend
adoption of the Ordinance 2011 -15 Substitute.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. 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
Motion passed by unanimous consent to approve Resolution 2011 -10
with amended conditions.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
1. Vacate Jana Avenue (renamed to Desmidt Avenue per street name
Resolution 2004 -02), a 60 -foot right -of -way adjacent to and dividing Tracts 1
and 2, and vacate a 50 -foot temporary turnaround located at the east end of
Jana Avenue, dedicated by Chugiak Acres (Plat KN 77 -197); and vacate the
10 -foot utility easement along the north boundary of Tract 2; all located within
Section 2, Township 5 North, Range 9 West, Seward Meridian, Alaska; and
3
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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 Tauriainen
moved, seconded by Commissioner (sham to approve the right of way vacation.
Motion passed by unanimous consent to recommend approval of the
vacations as petitioned.
J, SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee reviewed and conditionally approved 7 preliminary plats
and postponed 2 preliminary plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER /NEW BUSINESS
M. ASSEMBLY COMMENTS
N. LEGAL REPRESENTATIVE COMMENTS
O. DIRECTOR'S COMMENTS
P. COMMISSIONER COMMENTS
Q. PENDING ITEMS FOR FUTURE ACTION
R. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Minutes
- April 27, 2011
2. Seward Planning Commission Minutes
- April 5, 2011
- April 12, 2011
3. 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
Commission
Meeting Location
Date
Time
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 / Sunrise
Hoe
Soc apHal!
June 2, 2011
7:00 p.m.
4
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