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2011-12-14 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 14, 2011- 7 :00 p.m. Work Session Proposed Land Use Map 6 p.m. — 7 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences > Commissioner Bryson *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. *November 9, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ11 -43— An application to rezone Lot 1 -Al, R. M. Thompson Subdivision 2011 Addition (14639 Kenai Spur Highway), from a split zone IL -Light Industrial and CG- Commercial to CG - General Commercial. Application submitted by Friendship Mission, PO Box 2634, Kenai, Alaska. 6. UNFINISHED BUSINESS: a. Ordinance No. 2597 -2011 — Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.) Agenda - December 14, 2011 Page 2 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. Ordinance No. 2603 -2011 — An Ordinance Of The Council Of The City Of Kenai, Alaska, Amending Kenai Municipal Code Chapter 7.05, "Taxation Of Real And Personal Property" By Adding A New Section "Property Tax Credit — Residential Sprinkler Systems," To Provide A Tax Credit To Owners Of Residential Structures Who Install Certain Qualifying Sprinkler Devices. b. Kenai Peninsula Borough Notice of Public Hearing — Conditional Use Permit submitted by City of Kenai for Parcel #047 - 081 -05. c. Kenai River Center Permit Application — KRC #8956 — Johnson, 1125 Angler Drive, Kenai, Alaska. d. Kenai River Center Permit Application — KRC #8952 — Snug Harbor Seafoods, Kenai Tidelands Survey No. 2, Tract B, Kenai, Alaska. e. Homer News Article, Junkyard' owner, city close in on resolution. 12. NEXT MEETING ATTENDANCE NOTIFICATION: January 11, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Act ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION NOVEMBER 9, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT PRESIDING MINUTES CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Swearing in of Commissioner Rowell Deputy City Clerk Hall swore in Commissioner James Rowell and he took his place on the dais. 1 -c. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: Chair J. Twait, C. Smith, H. Knackstedt, P. Bryson, J. Rowell K. Koester (excused), K. Rogers (excused) Planning Assistant N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall 1 -d. Agenda Approval Commissioner Knackstedt read the following additions: ADD: Amended Agenda Email from City Manager to Council regarding Ordinance No. 2597 -2011 MOTION: Commissioner Knackstedt MOVED to approve the amended agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -f. *Excused Absences • Karen Koester • Kurt Rogers Approved by consent agenda. *A11 items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- October 26, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -41 - Birch Field Subdivision, Kenai Well Addition No. 2 - A subdivision of Tract A2 Birch Field Subdivision Kenai Well Addition (KN2008 -30) the N1/2 NE 1 /4 and the SE 1 /4 NE1/4 Section 30, T6N, R1OW, SM. AK City of Kenai - Kenai Peninsula Borough. Plat submitted by Whitford Surveying, PO Box 4032, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -41 and Commissioner Bryson SECONDED the motion. Assistant Planner Carver reviewed the staff report included in the packet and recommended approval with no contingencies. Chair Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. 4 -b. PZ11 -42 - R.M. Thompson Subdivision, 2011 Addition - A subdivision of Radar SD Plat #K706 8v R.M. Thompson Friendship Mission Replat Plat #2008 -130. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. PLANNING AND ZONING COMMISSION MEETING NOVEMBER 9, 2011 PAGE 2 MOTION: Commissioner Knackstedt MOVED to approve PZ11 -42 and Commissioner Bryson SECONDED the motion. Carver reviewed the staff report included in the packet, recommending approval with the following requirements: 1. The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. 2. List owner's name on the plat. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: UNFINISHED BUSINESS 6 -a. City Manager's Request to Postpone Ordinance No. 2597 -2011 MOTION: Commissioner Knackstedt MOVED to recommend Council postpone Ordinance No. 2597 -2011 until August 1, 2012 and Commissioner Bryson SECONDED the motion. Knackstedt noted the new commissioners needed time to review the information and noted the issue was not time sensitive. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Mayor Porter noted Ordinance No. 2587 -2011 had been postponed until December 7, 2011 and there would be a work session on the ordinance on November 28, 2011 at 6 :00 p.m. Porter reported the Capital Improvement List had been passed and would be submitted. 9 -b. Borough Planning -- No report. PLANNING AND ZONING COMMISSION MEETING NOVEMBER 9, 2011 PAGE 3 9 -c. Administration -- Carver noted there could be a work session prior to the December 14 meeting and information from the Planners Conference would come forward. Carver wished everyone Happy Thanksgiving. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11 -a. 11 -b. ITEM 12: 12 -a. Commission /Committee Term Reappointment Letters - Commissioner Koester, Commissioner Rogers, & Commissioner Twait. Email from Mayor Porter - Commissioner Romain's resignation. NEXT MEETING ATTENDANCE NOTIFICATION December 14, 2011 Commissioner Bryson requested an excused absence from the December 14, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Smith -- None. Knackstedt -- None. Rowell -- Thanked the Commission for the opportunity to serve. Bryson -- None. Twait -- Welcomed Smith and Rowell. ITEM 14: ADJOURNMENT MOTION: Commissioner Smith MOVED to adjourn and Commissioner motion. There were no objections. SO ORDERED. There being no further business before the Commission, the approximately 7:19 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Rowell SECONDED the meeting was adjourned at PLANNING AND ZONING COMMISSION MEETING NOVEMBER 9, 2011 PAGE 4 STAFF REPORT To: Planning & Zoning Commission Date: November 22, 2011 Res: PZ11 -43 GENERAL INFORMATION Applicant: Graydon Cowgill Friendship Mission P.O. Box 2634 Kenai, AK 99611 283 -5277 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Rezone — Split Zone to General Commercial Zone Lot 1 -A1, R.M. Thompson Subdivision 2011 Addition 14639 Kenai Spur Highway 03914228 Split (Light Industrial & General Commercial) Friendship Mission Neighborhood Residential General Information: This application is being submitted as a result of a platting action The plat created a split zone when one parcel was created from three existing parcels. This rezone eliminates a split -zone situation. The request is to rezone former Lots 25 & 26, Block 3, Radar Subdivision currently zoned Light Industrial to General Commercial. The new larger parcel will be zoned General Commercial. The property is owned by the Friendship Mission, a non - profit, Christian organization that provides ministry and support for homeless men. Services include training, education and housing support. Bible study is held nightly with church services twice weekly. The property owner intends to construct a house on the back part of the new lot. Residential use is a permitted secondary use in the General Commercial zone. Any future developments will be reviewed for zoning compliance when building permits are submitted. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to PZ11 -43 Page 2 be rezoned contains a minimum of one (1) acre (excluding street or alley rights - of -way) unless the amendment enlarges an adjacent district boundary." The requested rezone enlarges an adjacent boundary and meets the criteria for an amendment. Building Official: No building code issues. RECOMMENDATIONS The plat for R.M. Thompson Subdivision 2011 Addition, created a split -zone situation. On November 9, 2011, the Commission approved R.M. Thompson Subdivision 2011 Addition with the recommendation that the property owner apply for and receive approval of a rezone for the property. This rezone will eliminate the split zone and meets the requirement for an amendment as defined in KMC 14.20.270. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11 -43 2. Application 3. Maps Page 2 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -43 the ec r of // REZONE PERMIT KENAI, ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Graydon Cowgill dba Friendship Mission ADDRESS: 14639 Kenai, Spur Highway, Kenai, AK 99611 LEGAL: Lot 1 -A1, R.M. Thompson Subdivision 2011 Addition PARCEL #: 03914228 WHEREAS, the Commission finds the following: 1. The subject property currently zoned General Commercial & Light Industrial 2. The present land use plan designation is Commercial 3. The proposed zoning district is Neighborhood Residential 4. An appropriate public hearing as required was conducted December 14, 2011 5. That the following additional facts have been found to exist: a. That the proposed rezone will eliminate a split -zone situation created by the plat. 6. 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 petitioned REZONING of Lot 1 -Al, R.M. Thompson Subdivision 2011 Addition is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 14, 2011. CHAIRPERSON: ATTEST: "Dille e with a Past, Gi with a Future" 9 �' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tell Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 10 www.ci.kenai.ak.us 1992 REZONING APPLICATION NOV 1 7 2011 : PETITIONER r i e- v) 45,i) ip MI 5 Si o h ADDRESS P o / r, ., 3' - KPM4-t,i 41<. q sic 1 / PHONE 5107 - ', _ � ).1 1 LEGAL DESCRIPTION UI- 5 5 S CC i) I)( 3" \ Cz-c_ / cat: PRESENT ZONE 0 c ck- /+ e? PROPOSED ZONE 2 c , Intended Use and/or Reason for Rezoning: S F 0 -n Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. is / % -ir 8/9/2011 Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right -of- way) unless the amendment enlarges an adjacent district boundary. 4. A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non - refundable deposit /advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature REZONING CHECKLIST: „ a. MAP i/ SIGNATURES c. DEPOSIT /ADVERTISING FEE ($125 + sales tax) 1,14. APPLICATION FORM OR LETTER ✓ e. AFFIDAVIT OF POSTING 8/9/2011 \ / / / / / / / / / \ \ \ \ \, \ \ \ \ \ \ ZiarZat 1) D1Vapnr,l of O,... bb M erA)eat to the Coy of Real soothe 1...05,4, 2)Na Meat. acme to StM. ,*taMd RWe pw.Nt.d unlem ,ppmep by the Stab of 01*. Mpab alt of Transportation. 3)Ftl t 10 It A the MAdh. mt.. M)nc nt b ridtref -..y M 0.. a IIY .aoaer,L N. orator* .b .4100 Wail M co** or Mooed a4Ah a atlIty .arn"t which .add hblp1. .NN the Mlty of a Witt' b wen tn...rnnt 4)0aaM mu. mst the dalf, end eonotnal0. 01.0,, t ,boob by b. Broad, 1 art,. b Y acquitter., b orNllcolbn cod haw. In the reed mahtSM,ee program. 5)4DCIC4221, 5 nM• Do purpose of th1e pr.44. proctor mailable oroteoa1,r sipped d area of a ..t IFt, .AYT .S a1 .540 ane. A *..t. review t le not — a dsocrbal by IONS 20.14,610(4)(2} .b.f.+atr b4ab,er,t reaulred and dyad ,,.,1. mrt mrl the r.galrnnb M S,. Abbe Deparb,nt of Fn,Raseated CaSrtoNaU \ \ LISS112 • YCl)DMY *54145.41 RECOYERE11 Tlrs SLIMY ( S/0' MBAR 1(5 le0) O mammy NDAROr1 REf»5Eltm MIS SURVEY ( I// MAR) D SECDS*R1 40140.4541 SET THIS SAKI ( S/0' MAR ■01N e.c ) () MGM PE11 RADAR SURgWS101 MT NO. 44 -7130 I ) RECORD PER R.M. THOMPSON SUBg5*pl 55ADm9Dl REPEAT MT ND 07-51 \ Ninilchlk Dr. .c nor 30104 1(2145( :()0( Btpr. '(g11, ;9a, 3 u HJ U U V LA LJ - �IQ57 CIRTTII !TS' r aIIRPRYDR I Mgt17 e006' N,ot i o . p.pa1y ,RNhr.d s,d lemma .d b practice 5,d Mrw/R,p It the State of AwMa w. plot roranb a New, made by m. of weir my Amok 5955,5,5,44 the manraer,b •na.a Anew, actually a*t a d...*.O not aA db,w,.ldale • rod oar dBe *1 correct 10 HM named .1v,awde of pact Iak l nnan in the State of Nacho VICINITY MAP 0) (.o war awry 11.5 P A,9 mr Aq 5* a•RR(R 57.44 ROA ,00001 0IOM .NB a.li I4O,t0MMOEpNN MO TAT 0) PO 5001 IOT OM RA 01 •Maralom NIMM 10 M1d (K A,M MI Vmum -MY MMMO LL TiaM ON. . ImY COT, 1•O —COMM, 4ra1SMATO • M MOM Of De ,... PROLOY SOOT MO COMM Nana Aa a err OF Or M MTre rca�d Atmioni °Yrr ile ww:`�M °u'MO,°M'0Mm Ti aI ar.m wee MR mob= I IMMO W11IFY 1510? 5011 NO mA51 *0 Warr N1Dt6T AS 06so :RD HEREON 1�,MD THAT NE I OF NE ACXN000070E PROPERTY PUN OR 91BaMant (NNE AND ADDRESS) 832TAIIrLACI22.12,1001112a 'Tlt 4.415 4RIED 0101 00155 015644E 15 1116 DAY OF 4011 NOT PUBLIC FOR ALAS(A C0.11115901 IECFRES__ PLAT •PPROG7. 11.S RAT WAS A44Rd.ID 1Y 441E MA/ 15/5,14 BM01AD1 PKANR40 LV*M59DN AT THE 1511140 OF 4ENN PENMIRA BOROUGH AUTHORIZED 01120L KPB FILE No. RECORDED REC. DST. 0414 20— 142 _y REQUESTED VD IAEWOTy 944534 RC. 43336 I( -BEAN R0. ant 10 SMOO14A AN MAO RSA. Thompson Subdivision A erLedd 5,t eI R >D R Adam I A.aq, Fdndd,b WNW. R.plat Rat l 4000 -130 taaat0 .Mil the NE1/4 Svotka 40, TON, R120. Saud Neldio.. City of NleaU Renal R.acrd, 555.01,5, Natal 4n1M,i. Gaped,, Dantehlo 4.040 Ana INTEGRITY SURVEYS, INC. 43335 K -Byer, 04. SOT. 10 500105,5 50,10 MOO 31RN.1. p rA.�— OaR PUMA= fM anima» JOB 445 211112 ORAYR! 20 M, 01 SURMIFD, actable 17, 4011 SCALE 1' . 40' 1110 ENO 401 -0 0440 211102 Pp.d.p the cifyale KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -42 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platR.M. THOMPSON SUBDIVISION 2011 ADDITION was referred to the City of Kenai Planning and Zoning Commission orOctober 31, 2011 and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds 1 Plat area is zoned General Commercial— CG & Light Industrial- IL and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat does not provide as -built information for structures on the parcels. If an encroachment exists; the plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. List owners name on plat.The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. b. List owners name on plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES R.M. THOMPSON SUBDIVISION 2011 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, NOVEMi , R 9 2011. CHAIRPERSO ATTEST: PZ11 -43 - Friendship Mission Rezone Subject Property SUBD. SON SUBD) JNE HEIGHTS R. Al -A PZ11-43 Friendship Mission Rezone 10 9 12 \ T. D 411111111111.11, s 9 \ TR. E 26 6 \ •\ 5 (i) uJ 0 `. lfie ct of, KENAI, ALASKA "Vella e with a Past, et with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 h1111 F 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: December 5, 2011 SUBJECT: Ordinance No. 2597 -2011— Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts The City Council postponed Ordinance No. 2597 -2011 until August 1, 2012. The Council also voted to refer the Ordinance back to the Commission to continue consideration of proposed changes in this Ordinance during the Comprehensive Plan process. The item is being placed under Old Business on this agenda and will then be placed under pending items. As the Commission continues work on the Comprehensive Plan, we will periodically review the changes proposed in the Land Use Table to prepare for a recommendation to Council when they next consider the Ordinance on August 1, 2012. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 2 *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 -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. MOTION: Council Member Navarre MOVED to approve Ordinance No. 2597 -2011 and Council Member Marquis SECONDED the motion. The Mayor opened the meeting to public hearing. Mark Schrag, 312 Princess -- Mr. Schrag spoke against the ordinance. There being no one else wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone Ordinance No. 2597 -2011 to the August 1, 2012 meeting and Council Member Marquis SECONDED the motion. Molloy gave his reasons for wanting the postponement. VOTE ON POSTPONEMENT; MOTION PASSED. Council Members voting YES: Marquis, Molloy, Porter, Navarre, Gabriel Council Members voting NO: Boyle MOTION TO AMEND: 47 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 3 Council Member Molloy MOVED to add a Clerk's Note to the now pending Ordinance No. 2597 -2011 to read: The ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process. Council Member Marquis SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2598 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund - Police Department by $25,000, Parks Department by $14,500, and Streets Department by $31,500 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2598 -2011 and Council Member Navarre SECONDED the motion. There were no public comments or council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No 2599 -2011 -- Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Information Technology Capital Project Fund for Citywide Information Technology Upgrades. MOTION: Council Member Marquis MOVED to approve Ordinance No. 2599 -2011 and Council Member Navarre SECONDED the motion. There were no public comments. Council Member Marquis requested a report from Administration. City Manager Koch referred to Finance Director Eubank and IT Manager Castimore. 48 Sponsored by: Administration at the request of the Planning 8s Zoning Commission CITY OF' KENAI ORDINANCE NO. 2597 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY COUNCIL AMENDING KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE SUBURBAN RESIDENTIAL (RS), SUBURBAN RESIDENTIAL 1 (RS1), SUBURBAN RESIDENTIAL 2 (RS2), RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL (RR -1), AND THE URBAN RESIDENTIAL (RU) ZONING DISTRICTS. WHEREAS, on April 6, 2011, Kenai City Council introduced Ordinance No. 2546 -2011 to amend KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses in the Rural Residential 1 (RR -1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546- 2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning & Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Planning & Zoning Commission held a work session on April 27, 2011 and during their regular meeting on April 27, 2011, voted against holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review of the entire Land Use Table for all residential zones in the City; and, WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed action on Ordinance No 2546 -2011 and requested the Planning & Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August 17, 2011 meeting; and, WHEREAS, residents of the RR -1 Zoning District made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment; and, WHEREAS, residents of the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, New Text Underlined; [DELETED TEXT BRACKETED] 1 Ordinance No, 2597 -2011 - Page I WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhoods in the City should also be protected; and, WHEREAS, the Commission also reviewed land uses for other residential zones including the Suburban Residential (RS) Zone, Suburban Residential 1 (RS1) Zone, Suburban Residential 2 (RS2) Zone, Rural Residential (RR) Zone, and Urban Residential (RU) Zone and proposes amendments to the Land Use Table in KMC 14.22.010; and, WHEREAS, the Ordinance No. 2546 -2011 proposed to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; and, WHEREAS, the Commission believes that Ordinance No. 2546 -2011 is too restrictive and that the existing process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planning & Zoning Commission held work sessions on June 8, June 22, July 13, and July 27, August 10, 2011; and, WHEREAS, the Planning & Zoning Commission held a public hearing on August 10, 2011, and postponed making a recommendation to hold additional work sessions to complete the review of the Land Use Table for residential zones; and, WHEREAS, the Planning & Zoning Commission held additional work sessions on August 16, and August 24, 2011; and, WHEREAS, during these work sessions, the Commission reviewed land use in the City of Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning and development within existing zones may not accurately reflect the intent and definition of zones as defined in Kenai Municipal Code Chapter 14; and, WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on land use and development; and, WHEREAS, Council adopted Ordinance No. 2546 -2011 on September 7, 2011; and WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning Commission held a special meeting on August 30, 2011 and voted unanimously to recommend several changes to Ordinance No. 2546 -2011 to KMC 14.22.010, Land Use Table and several changes to KMC 14.22.010, Land Use Table for the RS, RS1, RS2, RR, RR1 and RU Zones to provide protection for all residential zones in the City; and; New Text Underlined; [DELETED TEXT BRACKETED] 2 Ordinance No. 2597 -2011 - Page 2 WHEREAS, the Planning & Zoning Commission requested administration introduce an ordinance on behalf of the Planning & Zoning Commission recommending comprehensive changes to KMC 14.22.010, Land Use Table, for all residential zones including the Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU); and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4, Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2011. ATTEST: CORENE HALL, Deputy City Clerk PAT PORTER, MAYOR Introduced: November 2, 2011 Adopted: November 16, 2011 Effective: December 16, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 3 Ordinance No. 2597-2011 - Page 3 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRl RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU One Family Dwelling Ell P Q P P P P P21 S' Ell S2 C" P P P Sr/C2" Two/Three Family Dwelling C'$ P P P P P P21 S' C C C22 PP PS'/C" Four Family Dwelling C'" P C'‘—'j—" P N P Per S' C C Cu NP CSI/C" Five /Six Family Dwelling C'R C' N P N P P21 S' C C N N P CSI/C" Seven or More Family Dwelling C's C' N C' N P P21 S' C C N N p CSI/C" Townhouses° C" C' C` 01 C3 C' C C C C C22 C C C C Mobile Horne Parks6 N [C] N [C] N [C] N [C] N [C] NC C C C N C N N C Planned Unit Residential Development' C" C C C C C C C C C N C C C C COMMERCIAL LAND USES . C RR RRI RS RSI RS2 RU CC CG III ED It TSH LC CMU Automotive Sales N C21-2 [C] N N N N [C] N P P P P N N N N Automotive Service Stations N C223 [C] N N N N [C] N P P P P N C N N Banks N C-7-2.3 C22.2a [C] N N N [C] N P P P C N C C C p Business /Consumer Services N C C2°.3`! C "' N N [C] N P P P C N C C C P Guide Service N C-12-2 [CJ N [C]N N N [C] N P P P P N P P C p Hotels /Motels N C2- 0 [C] N [C]N N N C P P P C N C P C P Lodge N C [C] N [C]N N N C P P P C N P P C P Professional O f f i c e s N C C27,311 C N N [P]C P P P P N C P P p Restaurants N C [C] N C:2-. no N C P P P C N C C C p Retail Business NS' C C12-9 C 22.3f' N N C P P P P S2" 524 C C P Wholesale Business El [C] N [C111 ©MI KIN C P P lel N S24 C C Theaters /COMMERCIAL [ RECREATION] N C 2' "r [CIN N C P C C N P C C Commercial Recreation N C N N C P C C N P C C New Text Underlined; [DELETED TEXT BRACKETED] 4 Ordinance No. 2597 -2011 Attachment A Page 1 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N — Not Permitted NOTE: Reference footnotes on following pages for additional restrictions TABLE ED R TSB LC CMU N N N C N N C N N N N N N N N C C N c N N N N N c C N C N N N N C N ED [P] P C P R TSH LC CMU [C] p1" C C [12] P C C [C] P P C [P] P P P P P P C P P P C C C C C C P C C C C C P P P C C P C C C C C C p P P P P P P C D R TSII LC CMU 3 C C P C C C C N' C P C C C C c C C N C P C C P P N C P P P P P P P C C N C New Text Underlined; [DELETED TEXT BRACKETED] 5 Ordinance No. 2597 -2011 Attachment A Page 2 N P ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH Airports and Related Uses P21 N (C]N [C] [CJN N N [C] NP P P p Automotive Repair N C [C] N [C]N N N [C] NP P PP Gas Manufacturer /Storage N N [C] N [C]N N N NN N c Cv Manufacturing/Fabricating/ Assembly N C [C] N [C]N N N [C] NC P P p Mini - Storage Facility N C N [C] [C]N N N [C] NC P PP Storage Yard N C [C] N [C]N N N [C] N C P PP Warehouses N C N [C] [C]N N N [C] N N p P p PUBLIC/ INSTITUTIONAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL III [CHARITABLE INSTITUTIONS] [C] [C] [C] [C] [c] [Cl [P] [1'] [P] DI [P] Churches* c p14) pin pao pm p'° pul pit) p"' c c Clinics C C C2s.au C29.so [C] N [C] N C p P PC Colleges* C C C 1 "a Cx [C] N [C] N C p p C Elementary Schools* CCO2L'il C C C C P P C Governmental Buildings CC CC C C C P P p High Schools* C C C22 [C]N [C] N [C] N [C] NP P CC Hospitals* C C [C] N [C]N [C] N [C] N [C] N P P P c Libraries* C "11 Museums C C-27-1' C [C] N' [C] N C12 P P p C C C C'9.1R Cam-" [CJ N [C] NC p P PC Parks Recreation P C and C C C C C P P P P Assisted Living C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CC IL IR 1 Animal Boarding" C C [C] N [C]N [C] NN N C C C C l Bed Breakfasts C and C C C C C C C C C C I Cabin Rentals C C [C] N [C] N N N N P P P C 1 Cemeteries C C [C] N [C]N N N N N C C C I` Crematories/Funeral Homes N C N [CJN N N [C] N C C C C T Day Care Centers12 C C 3° C" C— [C] N [C] NC P P P C( Dormitories/Boarding C C C3" -» Houses C- [C] N [C] N [PIC P21 s C P p Essential Services PP PP P P P P P P P P Farming /General P N Agriculture*** P N N N N N N N P N Greenhouses/Tree C Nurseries C [C] N C2,.,v [C] N [C] N [C]N p P P C N TABLE ED R TSB LC CMU N N N C N N C N N N N N N N N C C N c N N N N N c C N C N N N N C N ED [P] P C P R TSH LC CMU [C] p1" C C [12] P C C [C] P P C [P] P P P P P P C P P P C C C C C C P C C C C C P P P C C P C C C C C C p P P P P P P C D R TSII LC CMU 3 C C P C C C C N' C P C C C C c C C N C P C C P P N C P P P P P P P C C N C New Text Underlined; [DELETED TEXT BRACKETED] 5 Ordinance No. 2597 -2011 Attachment A Page 2 N P KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Penuitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RAI RS RSI RS2 RU CC CG IL 111 ED R TSH LC CMU Gunsmithing,[ PRINTING,] Tax idemty N C CZ�.m Cam'—" [C] N [C] E [C]N P P P P N C P P P Assemblies" (Large; Circuses, Fairs, Etc.) C C [C] N [C]N [C]N (CJN [C]N P's Pis Pis Pre Pis C P N P" Fraternal Organizatims/ Private Clubs /Social Balls and Union Halls N C [C] N [C]N [C]N [C]N [C]N P P P C N C P C P Nursing, Convalescent or Rest Homes N C [C] N [C]N [C]N [C]N [CIN P P C C C C C C p [PARKING, OFF-STREET] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P) [P] Parking, Public Lots" C C [C] N [C]N [CJN [CJN C C C C C C C CC C Personal Services's C C C - C1}.'"' C2'.3' C am ' " C P P P P C C PP/ C" P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites * *xx P C [C] N [C]N [C]N [C]N C P P P P PC C C C Recreational Vehicle Parks C C [C] N [C]N N N [C]N C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources' C C [C] N [CJN N N [C]N N C C C N C NN N See 42 USCA Sec, 2000cc (Religious Land Use and Institutionalized 'ersons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3, Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall he the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off -street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, .such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4, See "Townhouses" section. in of the are New Text Underlined; [DELETED TEXT BRACKETEDI 6 Ordinance No. 2597 -2011 Attachment A Page 3 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section, 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are inet: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section, 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 21442006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14,20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RUITSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone_ For example, housing for teachers or students for a school in the zone, 23, Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g,, a gift shop or coffee shop within another business). 25, Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists, 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fimess Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACKETED] 7 Ordinance No. 2597 -2011 Attachment A Page 4 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. Use allowed only for those parcels that abut the Kenai Sour Hi t hwa _ The access to an such arcel must be either from a 30. driveway access on the Kenai Spur highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survev of the parcel, Use allowed only for those parcels that abut Beaver Loop Road. Bridge Access Road, and Kalifornsky Beach Road. Access to the parcel must be from these streets unless applicant can provide documentation that an application for a driveway permit has been denied by the State of Alaska or City of Kenai. In that case, the Commission may consider alternate ingress and egress. Driveways should be located a reasonable distance from Beaver Loop Road, Bride Access Road. and Kalifornsky Beach Road to ensure the driveway does not create an unsafe trafficpattern and to ensure that traffic impact into the neighborhood is minimized, Industry established trip generation standards for the commercial use should he used to determine the impact to the neighborhood. New Text Underlined; [DELETED TEXT BRACKETED] 8 Ordinance No. 2597 -2011 Attachment A Page 5 KENA1� ,A ALASKA "VtYIa e with a Past,. Gi with a Future" .� y 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 11111' 1992 MEMO: TO: Rick Koch, City Manager Th FROM: Marilyn Kebschull, Planning Administration DATE: October 26, 2011 SUBJECT: Ordinance No. 2597 -2017 -- Amending KMC 14.22.010 — Land Use Table During the past six months, the Planning & Zoning Commission reviewed the Land Use Table for residential zones. This review was as result of the introduction of Ordinance No. 2546 -2011 which recommended amending KMC 14.22.010, the Land Use Table, for the Rural Residential 1 (RR1) zone. When the Commission was asked to review the Land Use Table for the RR1 zone, they recognized that other residential zones in the City should be reviewed to ensure neighborhoods were protected from uses that may adversely affect the integrity of the residential zones. On September 7th the Council adopted Ordinance No. 2546 -2011 amending the Land Use Table for the RR -1 zone. On August 30, 2011, the Commission held a special meeting. During that meeting, the Commission unanimously approved a motion requesting administration introduce a new ordinance on behalf of the Planning & Zoning Commission at the November 2, 2011 Council meeting. Ordinance No. 2597 -2011 is the result of that request and proposes to make comprehensive changes to the uses allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential (RS2), Rural Residential (RR), Rural Residential 1 (RR1), and the Urban Residential (RU) zoning districts. The ordinance outlines the process the Commission used to recommend the proposed amendments to the Land Use Table and identifies the numerous meetings held by the Commission. 9 "Village with a Past, Gc with a Fature" MEMO: 210 Fidafgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 1111/' 1992 TO: City Council FROM: Rick Koch DATE: November 9, 2011 SUBJECT: Ordinance No. 2597 -2011, Amending KMC 14.22.010 Land Use Table The purpose of this correspondence is to discuss and recommend postponement of the above referenced ordinance to the regularly scheduled Council meeting of August 1, 2012. Administration believes that consideration of this legislation is premature. The City is presently in the process of updating the City of Kenai's Comprehensive Plan. In drafting the updated Comprehensive Plan, existing and future land use will be considered. Postponement of this ordinance would allow the changes to the land use tables proposed by the Planning & Zoning Commission in Ordinance 2597 -2011 to be considered during the Comprehensive Planning process. The information assembled in the Comprehensive Plan then would be used by Council in consideration of changes to the Land Use Tables contained in the City Code. 10 'Village with a Past, et/ with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 A Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 l i f 1992 MEMO: TO: Rick Koch, City Manager FROM: Nancy Carver, Planning & Zoning Assistant DATE: November 10, 2011 SUBJECT: Ordinance No. 2597-2011 Amending KMC 14.22.010 — Land Use Table At the November 9, 2011, Planning & Zoning Commission meeting, Commissioner Knackstedt moved to recommend Council postpone Ordinance No. 2597 -2011 until August 1, 2012. The motion passed unanimously. Commissioner Knackstedt noted the new commissioners needed time to review the information and noted the issue was not time sensitive. 11 �4a ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www. ci. kenai. ak. us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (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.) *A11 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 ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (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. POSTPONED UNTIL AUGUST 1, 20/2. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (Rsl), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts 2. PASSED UNANIMOUSLY. Ordinance No. 2598 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund - Police Department by $25,000, Parks Department by $14,500, and Streets Department by $31,500 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities 3. PASSED UNANIMOUSLY. Ordinance No. 2599 -2011 -- Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Information Technology Capital Project Fund for Citywide Information Technology Upgrades ITEM E: MINUTES 1. APPROVED. *Regular Meeting of November 2, 2011 2. APPROVED. *Corrected Minutes of September 21, 2011 Meeting ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. CONFIRMED. Reappointments to Commissions /Committees ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office. (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587-2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6:00 p.m.) ITEM M: ADJOURNMENT ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 7, 2011 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS 1h1:ta:/ A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. B. SCHEDULED PUBLIC COMMENTS 1. John Bost, Mikunda Cottrell -- (Requested 20 minutes) -- FY2011 Comprehensive Annual Financial Statements 2. Janna Hancock, Christian Mission Ministry -- Overview of Possible Services to the Kenai Area C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 1. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Teiiii of Office (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6 :00 p.m.) 2. AMENDED AND PASSED. Ordinance No. 2587 -2011 Substitute C -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office 3. PASSED UNANIMOUSLY. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter Equipment from Government Computer Sales, Inc 4. PASSED UNANIMOUSLY. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per Annum for Financing of the Sale of City - Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc 6. APPROVED BY CONSENT AGENDA. *Liquor License Renewal • Uptown Motel /Louie's -- 1859 • Uptown Motel /Back Door Lounge -- 2237 • Acapulco Mexican Restaurant -- 4740 • Wal -Mart Supercenter #4474 -- 4878 E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of November 16, 2011 2. APPROVED BY CONSENT AGENDA. *Work Session Notes of November 28, 2011 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2600 -2011 -- Increasing Estimated Revenues and Appropriations by $2,285 in the General Fund for Training Funds Provided by the Alaska Police Standards Council 4. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2601 -2011 -- Increasing Estimated Revenues and Appropriations by $46,000 in the Personal Use Fishery Capital Project Fund 5. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2602 -2011 -- Increasing Estimated Revenues and Appropriations by $618.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City Of Kenai 6. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2603 -2011 -- Amending Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property" by Adding a New Section "Property Tax Credit - Residential Sprinkler Systems," to Provide a Tax Credit to Owners of Residential Structures Who Install Certain Qualifying Sprinkler Devices 7. ALL APPOINTMENTS CONFIRMED. Action /Approval -- Reappointment to Commissions /Committees 8. CONFIRMED. Action /Approval -- Appointment to CIRCAC H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION - None Scheduled. M. PENDING ITEMS 1. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. (Clerk's Note: At its November 16, 2011 meeting, the Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.) N. ADJOURNMENT MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Cindy Ecklund City of Seward Term Expires 2014 James (sham Sterling Term Expires 2012 Lisa Parker City of Soldotna Term Expires 2014 ALTERNATES: Mari Anne Gross Southwest Borough Term Expires 2014 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 qb KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. November 14, 2011 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. October 24, 2011 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Eker Estates Two KPB File 2011 -167 [Church /Handley] Location: City of Homer 2. Murray Sub Martin Addn No. 3 KPB File 2011 -168 [Eastham /Martin] Location: On Murray Lane in Soldotna 3. Lulu Middleton KPB File 2011 -170 [Imhoff /Middleton] Location: On East End Road in Homer K -Bay APC 4. Seward Original Townsite Waterfront Park Replat KPB File 2011 -171 [Cline /City of Seward] Location: City of Seward 5. Irons Subdivision Block 5 2011 Addition KPB File 2011 -172 [Integrity /Carlisle, Fellman] Location: West of Kenai Spur Hwy in Soldotna 6. Redoubt Terrace Sub 2011 Replat KPB File 2011 -173 [Integrity /Kautz, Williams] Location: City of Kenai 7 Bergsrud Subdivision Lathrop Addition KPB File 2011 -174 [Integrity /Lathrop] Location: On Bergsrud Blvd, In Soldotna 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, November 28, 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 Fax: 907 -714 -2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planninq(a borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 2 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James Isham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Lisa Parker PC Member City of Soldotna Term Expires 2014 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 November 14, 2011 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL 1, Election of Officers (Chairman, Vice Chairman & Parliamentarian) C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk t *) 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. Denali Subdivision Sexton Addn. No. 2 KPB File 2009 -194; Tinker /Sexton Location: Corner of McKee St & Whitlock Ave in Soldotna b. Canyon Trails Subdivision KPB File 2006 -332; Seabright/Fowler Location: City of Homer c. Soaring Eagle Subdivision KPB File 2008 -062; Whitford /Foster - DBA Cornerstone Development Location: On Forest Lane in Soldotna d. Eastview Subdivision No. 3 KPB File 2007 -251; Johnson /Kuhlmann, Mills Location: East of Sterling Highway in Kasilof e. Widgeon Woods Phase Two KPB File 2008 -254; Integrity /KPB, CIRI Location: Off Ciechanski Road in Soldotna f. Tressler Subdivision KPB File 2010 -047; Integrity /Tressler Location: Off Jim Dahler Road in Soldotna g. Princess Lake Estates Phase 3 KPB File 2010 -165; Segesser /Bangerter Location: East of Kenai Spur Hwy in Kenai h. Richart Subdivision No. 2 KPB File 2010 -174; Tinker /Richart, Chavarria Location: On Bordon Street in Soldotna Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor *2. Planning Commission Resolutions / Resolution SN 2011 -20 a. Ole Timer Ave named by plat KN0830056 Coal Creek Country Estates Subdivision Larsen 1982 Subdivision of Lot 9; T 3N R 11W SECTION 18; Seward Meridian, AK ; ESN 302; RENAMED TO: Ole Timer Way *2. Planning Commission Resolutions / Resolution SN 2011 -21 a. Unnamed Rd (aka Trail River Rd) partially dedicated by US Survey 2520 providing access to Trail River Campground; T 4N R 1W SECTION 24 Seward Meridian, AK; RENAMED TO: Trail River Rd. *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) - None *5. Plat Amendment Request - None *6. Commissioner Excused Absences *7. Minutes a. October 24, 2011 Plat Committee Minutes b. October 24, 2011 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacate the 60 -foot public roadway easement along the western boundary and adjacent to Andrus Lane, as recorded within Book 125 Page 292 Kenai Recording District; within Section 10, Township 5 North, Range 8 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2011 -157. Note: Alternate access will be dedicated; the resultant vacation /dedication actions will be as shown on the submittal drawing. Petitioner: Dan Deraeve of Soldotna, Alaska. Location: On Andrus Lane in Soldotna 2. Vacate a portion of Jerald Street, a 60 -foot right -of -way and the temporary 50 -foot radius cul -de -sac located at the north end of Jerald Street, adjacent to Lots 4 and 5; and vacate the 10 -foot utility easement along the eastern boundary of Lot 4, dedicated and granted by Jeppesen Subdivision (Plat HM 75 -28); also shown on Jeppesen Subdivision Kline Addition (Plat HM 2005- 27); within Section 36, Township 3 South, Range 15 West, Seward Meridian and the Kenai Peninsula Borough, Alaska. KPB File 2011 -164. Petitioners: Rex Kline of Anchor Point and James E. & Victoria L. Hiner of Anchorage, Alaska. Location: Off of Tall Tree Avenue in Anchor Point, Anchor Point APC ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10 -foot utility easement along the northern boundary of Lot 3 Hope Lake Subdivision (Plat KN 85 -105); and vacate the 10 -foot utility easement along the south boundary of Tracts 11 thru 13, and the west 190 feet of Tract 10, and the south 425 feet of the 20 -foot utility easements centered on the line common to Tracts 10 & 11 and Tracts 12 & 13 of Gruber Subdivision (Plat KN 73 -61); said easements proposed for vacation are also as shown on Gruber Subdivision Letzring Addition (Plat KN 2005 -21); within Section 22, Township 4 North, Range 11 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2011 -169. Petitioner: Matt Letzring of Soldotna, Alaska. Location: Off Hopeful Circle in Soldotna SPECIAL CONSIDERATIONS 1. Seaside Terrace Sub Amended Lot 18 Bldg. Setback Exception Remand from Board of Adjustment October 19, 2011 KPB File 2011 -081 KPB PC Resolution 2011 -16 Petitioner: Steve Cavitt Location: On Silver Lane in Ninilchik J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 7 preliminary plats. K. OTHER /NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Meeting Minutes - October 12, 2011 - October 26, 2011 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, November 14, 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 November 22, 2011 7:00 p.m. Cooper Landing Cooper Landing Community Hall December 7, 2011 6:00 p.m. Hope / Sunrise Hoe SociapHall December 8, 2011 1 7:00 p.m. 3 The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 - 714 -2200 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 Fax: 907 - 714 -2378 e -mail address: plannincl(a,borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 4 MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Cindy Ecklund City of Seward Term Expires 2014 James (sham Sterling Term Expires 2012 Lisa Parker City of Soldotna Term Expires 2014 ALTERNATES: Mari Anne Gross Southwest Borough Term Expires 2014 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. November 28, 2011 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. November 28, 2011 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Wild Rose Sub Tay Addition Revised Preliminary KPB File 2010 -089 [Integrity /Young] Location: City of Kenai 2. Luebke Sub Brown Addition KPB File 2011 -177 [Swan /Brown] Location: City of Kenai 3. Irons Sub Hallett Addition KPB File 2011 -178 [Swan /Hallett] Location: On Irons Street in Soldotna 4. Little Sub Sturman Addition KPB File 2011 -179 [Swan /Sturman] Location: City of Soldotna 5. Sunset Park Sub Ballard Addition KPB File 2011 -180 [Swan /Ballard] Location: On View Lane in Soldotna 6. Lulu Middleton KPB File 2011 -170 [Imhoff / Middleton] Location: On East End Road in Homer K -Bay APC (Postponed from the November 14, 2011 Meeting) 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, December 12, 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 Fax: 907- 714 -2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planninq(c�borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 2 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James Isham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Lisa Parker PC Member City of Soldotna Term Expires 2014 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 December 12, 2011 - 7:30 P.M. Tentative 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 - None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) - None *5. Plat Amendment Request a. Witbro Subdivision #3 KPB File 2011 -065 [Johnson / Anderson] Recording No. IL 2011 -7 Location: Chinitna Bay *6. Commissioner Excused Absences a. Philip Bryson, City of Kenai b. Blair Martin, Kalifornsky Beach *7. Minutes a. November 14 & 28, 2011 Plat Committee Minutes b. November 14, 2011 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Ordinance 2011 -42; An ordinance authorizing a land exchange with the City of Seward in support of the City's Public Utility Services. Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor 2. Vacate a portion of the 66 -foot section line easement: 33 -feet on each side of the line common to Sections 26 and 27, Township 1 North, Range 13 West; as shown on Mead Subdivision (Plat HM 2007 -140); Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2011 -176. Petitioners: James H. and Muriel Mead of Alberton, MT. Location: West of Mead Court in Clam Gulch 3. Vacate portions of rights -of -way within the City of Seward: Railway Avenue, Adams Street, Monroe Street and connecting alleyways from Railway Avenue north to the north boundary of the Seward Original Townsite all lying east of Ballaine Road; and including the south one -half of the alleyway of Block 35, all within and a part of plat Seward Townsite (SW 1, 1905); AND that area shown as Right of Way for Cable Line; and portions of Sixth Avenue Tying north of A Street north through B Street; and portions of C Street lying east of Forth Avenue; and the alleyway for Block 19 all within the Federal Addition to Seward (SW 4, 1916) lying outside those areas platted as Oceanview Subdivision Addition No. 1 (SW 70 -333); AND Van Buren Street lying east of Fourth Avenue; all of Fifth Avenue; and all alleyways lying south and east of Lot 23 Block 8 Laubner Addition, all within the plat of Laubner Addition (SW 2); within Sections 3 and 10, Township 1 South, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2011- 175. Petitioner: Kris Erchinger, Acting City Manager for the City of Seward. Location: City of Seward G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10 -foot utility easement along the southern boundary of Lot 2 Sten Subdivision (Plat KN 76 -28); and vacate the10 -foot utility easements along the eastern boundary of Lots 1 thru 7 Block 5 and the 20 -foot utility easement centered on the line common to Lots 5 and 6 Block 5 Irons Subdivision Block 5 (Plat KN 74 -49); within Section 29, Township 5 North, Range 10 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2011 -181. Petitioners: James A. and Jane B. Fellman & Irving R. and Carla R. Carlisle of Soldotna, AK. Location: West of Kenai Spur Highway in Soldotna SPECIAL CONSIDERATIONS 1. Nahodka Village Subdivision Lot 1 Bldg. Setback Exception KPB File 2011 -182 KPB File Resolution No. 2011 -29 Petitioner: Johnna G. Rogers Location: On Nahodka Drive in Anchor Point J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 4 preliminary plats. K. OTHER /NEW BUSINESS 1. New Plat Committee for January, February, March 2012 (5 Members / 2 Alternates) L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Seward Planning & Zoning Commission Meeting Minutes - October 6, 2011 - November 15, 2011 FUTURE PLANNING COMMISSION MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY! The next regularly scheduled Planning Commission meeting will be held Monday, January 9, 2012 at the Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce December 6, 2011 7:00 p.m. Cooper Landing Cooper Landing Community Hall December 7, 2011 6:00 p.m. Hope / Sunrise Hoe Soc alHall December 8, 2011 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 - 714 -2200 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 Fax: 907 - 714 -2378 e -mail address: planning a(�borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 3 MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Cindy Ecklund City of Seward Term Expires 2014 James (sham Sterling Term Expires 2012 Lisa Parker City of Soldotna Term Expires 2014 ALTERNATES: Mari Anne Gross Southwest Borough Term Expires 2014 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:00 p.m. December 12, 2011 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. November 28, 2011 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Eker Estates Two KPB File 2011 -167 [Church /Handley] Location: City of Homer (Postponed from the November 14, 2011 Meeting) 2. Wolding's Tracts No. 2 KPB File 2011 -184 [Johnson /Treider] Location: On Hilding Street in Nikiski 3. Jeppesen Sub 2011 Replat KPB File 2011 -185 [Johnson /Kline, Hiner] Location: On Tall Tree Avenue in Anchor Point Anchor Point APC 4. Birch Field Sub Kenai Well Add n. No. 2 KPB File 2011 -186 [Whitford /KPB] Location: City of Kenai F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY! The next regularly scheduled Plat Committee meeting will be held Monday, January 9, 2012 at the Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK at 5:30 p.m. PLANNING DEPARTMENT Phone: 907- 714 -2215 Fax: 907- 714 -2378 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 e -mail address: planning( borough.kenai.ak.us web site: www. borough .kenai.ak.uslplanningdept 2 theGi%Df KENAI,ALA SKA Suggested by: Council Member Marquis, Council Member Bookey, and Administration CITY OF KENAI ORDINANCE NO. 2603 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 7.05, "TAXATION OF REAL AND PERSONAL PROPERTY" BY ADDING A NEW SECTION "PROPERTY TAX CREDIT - RESIDENTIAL SPRINKLER SYSTEMS," TO PROVIDE A TAX CREDIT TO OWNERS OF RESIDENTIAL STRUCTURES WHO INSTALL CERTAIN QUALIFYING SPRINKLER DEVICES. WHEREAS, the 2009 International Residential Building Code requires the installation of an NFPA (National Fire Protection Agency) 13D compliant sprinkler system in all newly constructed 1 and 2 family dwellings; and, WHEREAS, the City of Kenai has elected not to impose this requirement by amending the City's adopted local building codes; and, WHEREAS, the City understands the benefits of sprinkler systems and encourages that all new one and two family dwellings constructed in the City limits of Kenai to be sprinklered to a minimum standard that complies with the 2009 International Residential Building Code (or better); and, WHEREAS, in Iight of those benefits, it is in the best interest of the City to provide a property tax credit to the legal owner(s) of the qualified dwelling that is equal to the actual cost of installation or $2.00 per square foot of the dwelling (excluding attached garages), whichever is less, to be used to satisfy City of Kenai real property taxes for the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 7.05 of the Kenai Municipal Code: The Kenai Municipal Code is amended by adding a new section, Property tax credit - residential sprinklers, to be numbered 7.05.075 which shall read as follows: 7.05.075 Property tax credit - residential sprinklers. (a) Credit. The owner(s) of a newly constructed one or two family dwelling who installs, and /or has certified, a compliant sprinkler system by a qualified installer may receive a credit against the City of Kenai property taxes. New Text Underlined; [DELETED TEXT BRACKETED] 62 Ordinance No, 2603 -2011 Page 2 of 3 (b) Amount of credit. The credit allowed under this section for a residential sprinkler system is the lower of the eligible cost to the owner of the property for the installation of the system or $2.00 per square foot of the dwelling (excluding attached garages). "Eligible cost" means the cost of the sprinkler system including labor and materials required to comply with the minimum standard established by code. (c) Carry Over. The amount of credit in any tax year must not exceed the amount of the City of Kenai property tax unposed on the property benefitted by the credit in that tax year. Any amount of a credit not taken in the tax year in which an application is approved may be carried over in subsequent years until the full credit is granted. Any unapplied credit shall remain with the property and may be utilized by subsequent owners, in the event the property is sold, until the full credit has been applied against taxes of the property. (d) Application, (1) A property owner must submit an application for the tax credit to the Finance Department on or before the date that the Finance Department sets which date shall be no later than April 30 of each year. Applications filed after April 30, or applications that are incomplete as of the date set for filing by the Finance Department, will be retained and, once complete, evaluated for a tax credit for the next succeeding year. (2) An application must: (A) be on the form that the City requires; (B) demonstrate that the taxpayer is entitled to the credit; and, (C) include a certificate of occupancy from the City of Kenai's building official indicating that the system for which the credit is sought meets the requirements of the 2009 International Residential Building Code (of subsequent edition adopted by the City). (e) Appeal. If the tax credit is denied, or if less costs for the installation of the system are allowed than the applicant believes appropriate, the applicant may appeal that decision to the City Manager on a form provided by the City. Appeals shall be filed with the City Manager within fifteen (15) days of the date of any decision under this section. In reviewing an appeal, the City Manager shall consider whether the sprinkler system meets the requirements of this section; the costs were necessarily incurred to install the system in accordance with this section and applicable codes; and the application for the tax credit was timely filed. (f) The credit authorized by this section applies to any tax year beginning January 1, 2012. New Text Underlined; [DELETED TEXT BRACKETED] 63 Ordinance No. 2603 -2011 Page 3 of 3 Section 3. Severability: if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21St day of December, 2011. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: December 7, 2011 Adopted: December 21, 2011 Effective: January 21, 2012 New Text Underlined; (DELETED TEXT BRACKETED] 64 KENlU,At$Irp: "f i is e wit/i a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 d Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 I MP 1992 MEMO: TO: City Council FROM: Rick Koch DATE: December 1, 2011 SUBJECT: Ordinance 2603 -2011 — Property Tax Credit for Residential Fire Sprinkler Systems The purpose of this correspondence is to recommend Council approval of Ordinance 2603- 2011. The 2009 International Residential Building Code (IRBC) requires installation of fire sprinkler systems in newly constructed one and two family dwellings. The requirement to install fire sprinkler systems in newly constructed one and two family dwellings has been met with strong opposition, primarily as a function of cost, from a variety of individuals and organizations. As a result of this opposition, the majority of municipalities nation -wide have chosen to eliminate the provision requiring fire sprinkler systems. The Administration, Fire Department, and Emergency Services recognize the value of fire sprinkler systems in newly constructed one and two family dwellings. Administration has prepared this ordinance establishing a property tax credit for homeowners that decide to install fire sprinkler systems. Attached is correspondence from the Finance Department estimating the future financial impact of the proposed ordinance. Fire sprinkler systems have been shown to provide protection for building occupants, the structure, and for emergency response personnel. Thank you for your attention in this matter. 65 KEW, ALASKA "Vtilaye with a Past, C# with a Future" To: Rick Koch, City Manager 7/ From: Terry Eubank, Finance Director Date: December 1, 2011 Re: Ordinance No. 2603 -2011 FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 - 283 -3014 The purpose of this memo is to analyze the financial impact of Ordinance 2603 -2Q 11 on the City's property tax revenue. This analysis will not project potential future use of the proposed credit but will look at the maximum impact the credit could have had if available during calendar years 2007 through 2010. Maximum potential exposure for the City is $2.00 per square foot of new construction excluding garages. The following table shows by year the number of homes constructed, the maximum credit that would have been available, the combined square footage which would have been available for credit had a qualified sprinkler system been installed, the current assessed value of those properties, and the estimated number of years it would take to exhaust the City's credit. Total Total Years to Homes Maximum Eligible Assessed Exhaust Constructed Credit Square Footage Value Credit 2007 23 $ 88,168 44,084 $ 6,120,000 4.13 2008 22 75,316 37,658 5,265,700 4.09 2009 5 15,738 7,869 1,088,500 4.04 2010 7 22.394 11,197 1,596,200 4.13 Total 57 $201,616 100,808 $14,070,400 4.11 Assuming it takes four years to completely utilize the proposed tax credit and 100% participation (maximum potential impact), the amount of credit to be applied each year cannot exceed the total City tax due for that year, the following is a projected impact on property tax revenue by fiscal year for fiscal years 2008 through 2011. Keep in mind a credit applied for and granted in April of any year will not impact the taxes until the subsequent fiscal year. Tax Credit Year FY2008 FY2009 FY2010 FY2011 2007 $22,042 $22,042 $22,042 $22,042 2008 18,829 18,829 18,829 2009 3,935 3,935 2010 - 5,599 Total $22,042 $40,871 $44,806 $50,405 66 RENA, PENIN.SUL4 - BUILDERS KP$A 5OC; M ON November 30, 2011 City of Kenai Rick Koch, City Manager 210 Pidalgo Ave. Kenai, AK 99611 Dear Rick, ininisto- On behalf of the Board of Directors and members of the Kenai Peninsula Builders Association (KPBA), Pd like to thank the City of Kenai for their time and effort in developing and proposing a property tax credit in regards to residential sprinkler systems in residential dwellings (ORDINANCE NO. 2559- 2011). As an Association, we continue to be in strong support of any precautions a homeowner may take to better protect themselves from fire danger, which would include sprinkler systems, smoke alarms, and all other appropriate safety measures. The KPBA is a strong advocate of the homeowner's right to choose to install a sprinkler system, and will therefore continue to be in opposition of any proposed mandate. We sincerely thank the City for their efforts in offering this tax credit to our community, and appreciate the opportunity to voice our concerns regarding this important issue. Sincerely, "--CLOO Jeffrey . Twait 2011/12 KPBA President Cc: KPBA Board of Directors P.O. Box 1753 • Kenai, Alaska 99611 phone: (907) 283 -8071 • fax: (907) 283 -8072. email: kpba @ptialaska.net 67 �Ib KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a conditional use permit application has been received to replace an existing pedestrian bridge with a donated pedestrian bridge within the 50- foot Habitat Protection District of an un -named anadromous stream leading to the mouth of the Kenai River. The activity under consideration is described as follows: Request and Location: A Conditional Use Permit pursuant to KPB 21.18 for the removal of an existing pedestrian bridge to be replaced by a donated pedestrian bridge. Pre - existing concrete and related debris will be removed and properly disposed of as a part of the proposed construction activities. This project is located within the Inlet Street right -of -way on the right and left banks of the un -named anadromous stream leading into the mouth of the Kenai River, located in Section 6, T5N, R11 W, S.M., AK, (adjacent to KPB Parcel I.D. #047 - 081 -05 ). Description as Stated in Permit: The City of Kenai is proposing to remove the existing concrete rubble and pedestrian bridge crossing the un -named anadromous stream leading into to the mouth of the Kenai River. The City of Kenai has received a donated pedestrian bridge along with grant funds from the U.S. Fish and Wildlife Service to replace the deteriorated, pre - existing pedestrian bridge. The new pedestrian bridge will be supported by pilings drilled at a width of six (6) feet apart according to the permit application's engineering plans and specifications. The existing earthen abutments, concrete rubble, and both sides of the existing bridge will be removed. Concrete and other debris that has sloughed into the un -named tributary will be removed as a part of demolition activities. Soils will be stabilized with a natural seed mix suitable for the area. Petitioner: City of Kenai, 210 Fidalgo Ave, Kenai, AK 99611. The Kenai Peninsula Borough Planning Commission will hold a public hearing on Monday, January 9, 2012 commencing at 7:30 p.m., or as soon thereafter as business permits in the Gilman River Center, 514 Funny River Road, Soldotna, Alaska. Anyone wishing to testify may attend the meeting to give testimony or may submit a written statement to the attention of John Czarnezki, Gilman River Center, 514 Funny River Road, Soldotna, Alaska 99669. Written testimony should be received no later than Friday, January 6, 2012. Comments may also be sent by fax to (907) 260 -5992. For additional information contact: John Czarnezki, Resource Planner Gilman River Center Kenai Peninsula Borough Phone: (907) 714 -2463 Email: jczarnezki@borough.kenai.ak.us NOTE: You are being sent this notice because you are a property owner adjacent to or within 300 feet of the described property. Kenai Peninsula Borough Conditional Use Permit Application 119/12 Planning Commission Meeting Applicant: City of Kenai Location: Inlet Street right-of-way Adjacent to KPB tax parcel #: 047-081-05 Project Location ION Un- named Anadromous Stream iLVER������ Project Tracking Sheet Project Start: KRC # 8956 App. Start Date: 11/28/2011 Proj Name: FLOATING FACITITIES/FLOATING DOCKS Applicant: JOHNSON, JACKIE Contact Name: Location. KENAI RIVER; BEAVER CREEK Tax Credit: COE Project Completed: Cost Share: j 1 Parcel No: 049- 390-32 Riv. Mile COE Pmt Expires COE JD Expires: Comments: THE ONLY CHANGE TO THE CURRENT DOCK SYSTEM WILL BE TO WIDEN THE FLOATING PORTION FROM 27' TO 50' ALL CURRENT PLATFORMS AND WALKWAY WILL REMAIN THE SAME. NO EXCAVATION OR CHANGES TO VEGETATION IS NEEDED. THE NEW ADDITION WILL BE BUILT OUT OF WOOD AND PLASTIC FLOATS, THE SAME MATERIALS THE CURRENT DOCK IS MADE OF. CC: COE -KFO: p COE: [] MINING LIST: (-€ SE_DOVIA: [ SBCFSA: (1 TAX: CZM: ® OPMP: [l USFWS: (I KNWR: [] COK: © COS: ADF&G/SF: [� Al: Al Rep Date: Al Rec Date: # Days ReviewSusp Amend # Revr Permit# Resp Due FP DB , 12/28/20'1 Hat) Prt. JC Tax Cr1 CZM 12/28/2011 PR 12/28/2011 GPL ID # Revised Due Inspect Recm Recm Dat Auth Final Action 1 Date Expiry Comments Due OPMP: Authorities (Auth) OHMP KPB - HP 840) Fish Passage 070) Allowable 080) Conditional Use 090) Prior Existing 040) Tax Credit 050) Compliance 030) Variance 870) Anad. Water 890) Emergency FP 040) Allowable _ 050) Compliance _ 060) SMFDA/Non FIRM _030) Variance { LT Revised Due Date Comm Sent 1 Recm - Comments Only _ RA) Rec Approval RD) Rec Denial GC) General Comments NR) Not Reviewed WD) Withdrawnlclosed CG) Generally Consistent CA) Consistent w/ Alternatives IN) Inconsistent Date Final Deter Rec'd t Final Action 0) Denied I) Issued _ NR) Not Req'd _ WO) Withdrawn by applicant 0) Other R) Resolved F) Fined C) Court U) Unresolved P) Passed to CCO _ N) Unfounded Multi- Agency Permit Application -tip RECEIVED NOV 1 VER C[NTER Please answer all questions completely. Applicant information: Name: tilt? &P)\.;\ Owner ?Yes No Mailing Address: (permits will be mailed to this address r) tAeyr Agent information: Name: Mailing Address: Phone Home or a __( ; Phone {Home /VVork): Cell Phon . ar' "r ........ ;�� l.� Cell Phone: Fax: 5a ` 137.10 ti.- -n rh, a z: 2. E- Mail 5,1V i q. c\,C4 ,cA, 4 \ E -Mail: Project Location: Please complete all information including the legal description of the property or site location. This in- formation can be found on your tax bill or by visiting the KPB Assessing Department website at wwv,. borough.kenai.ak.us /assessingde t/d.efault.htm. WaterbodyName: ? CGN\," €ti • e,, River Mile: °-3 0. Right or Q Left bank (looking downstream) Subdivision: U1q \ P\ [, .S' c C Lot: Block: A Township: Range: \,\W Section: 1\ KPB Parcel Number: CIA A\\ Crc ';?..„, Physical Address: It.Ve'•S t'�' �N� � r �,�'�{, (\K Directions to the site: Cs "&., ; . ti �s Lis Ta W �'�. `.- Ni c \` ,C * �' , e h Please Complete the Following: 1) This activity is a: ❑ new project 14-modification, addition, repair, or replacement to an existing project 2) What is the purpose of this project? -k 7' Page 2 Multi- Agency Permit Application — Page 2 3) Provide a detailed description of your entire project and all related activities. Attach additional pages if needed. Please be sure that your description contains all of the following: u The location and dimensions of all existing and proposed development, including buildings, roads /driveways, pathways, building pads, accessory structures, and fill, as well as the Iocation of any water bodies. © The type(s) and amount(s) of fill material to be used for the project. Include the location /source of the fill material. O The measurements of all new development, including platforms, walkways, structures, and bank restoration techniques. Please include measurements from water bodies and lot lines. J The area and volume of material to be dredged and the location of the disposal site. 7 A description of the waterbody, including wetlands to be filled. Include the types and volumes of each type of fill material. O A description of construction methods and types of equipment to be used. El If you are withdrawing water from a waterbody, a description of water use including location, me- thods of withdrawal, rate of withdrawal, and the total quantity of water required. O If fuel storage is required for your project, indicate the location, quantities, and types of fuel. U If vegetation or trees must be cleared as a result of your project, indicate the location, amount, and type of vegetation to be cleared. O The type(s) and amount(s) of material that will be excavated for the project, Include the location the excavated material will be placed. Lie \e 'ZAN\ C—\ \G,l\t , b 1 (Aftic ti � P� � � `� 'R),,N\ Qn .qc;.1 _00,„ cL4N\ (,\ el,titc\,,a4v.,,,4 ok.s-M__. so04,A.t vv\e,L-- 4) Proposed project start date: 14-\- a. Estimated number of actual construction days: Proposed project end date :. 5) If this project is within the limits of an incorporated city, please indicate city: �,.',\i1 i 6) Is the project located within 50 feet of ordinary high water (OHW) or mean high water (MHW) of a stream or waterbody? gw4 Yes ❑ No ❑ Not sure where OHW or MHW line is Page 3 Multi - Agency Permit Application — Page 3 7) Does any portion of the project cantilever or extend over the OHW or MHW of the stream or waterbody? Yes ❑ No ❑ Not sure where OHW or MHW line is rs 8a) Does any portion of the project extend below the OHW or MHW of the stream or waterbody? Yes ❑ No ❑ Not sure where OHW or MHW line is 8b) Will a structure (e.g., culvert, bridge support, dike) be placed below OHW, MHW, or High Tide Line (HTL) of the waterbody? 0 Yes fk-No 9) Will material be extracted or dredged from .._+ -A� ❑ Floodplain ofa river, lake, or ocean © Tidal or non -tidal waters If you checked one of the above boxes, what type of material? What amount of material? Where will the material be deposited? 10) Will material (including spoils, debris or overburden) be deposited in a ❑ Mapped floodplain or velocity zone ofa river, lake or ocean ❑ Tidal or non -tidal waters If you checked one of the above boxes, is the fill temporary ❑ or permanent ❑? If temporary, how long will it be in place? What type of material is it? Amount? Identify the location(s) of any deposited material on the attached top -view site plan drawing. 11) What is the surface area (in acres) that would be filled, excavated, or dredged of any waters, including areas below the HTL or MHW of tidal waters, below the OHW of non -tidal waters and /or wetlands adjacent to tidal or non -tidal waters? - - -� -� 12a) List all motorized equipment to be used in this project, including access route to site and any stream or water - body crossings: 12b) How long will motorized equipment be used below OHW, MHW, or the HTL? 13) Are there any threatened or endangered species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work? ❑ Yes [1 10 If yes, list all species: Page 4 Multi- Agency Permit Application --- Page 4 14) Are there any historic properties that may be affected by the proposed work? ❑ Yes g-No If yes, state which property or properties may be affected and /or attach a vicinity map including the location of the historic property or properties. 15) Is any portion of the work already comp ete? ❑ Yes ❑ No If es, describ the completed work: 16) Will utility systems, including water, electric, gas, etc. be developed? ❑ Yes No If yes, describe: Application Checklist ' Are pages 1 through 4 completely filled out? If a question does not pertain to your activity, write `N /A' f Did you include a detailed project description? 17(Did you complete the Top View & Elevation /Side View drawings? Be sure to review the instructions for site plans and make sure all relevant information is included. dDid you include your permit fee (if applicable)? If your project is within State Park Boundaries or can- tilevers over a State Park (which includes the Kenai River) a $50 fee is required at the time of application. Make checks payable to `State of Alaska.' If you are not certain if a fee is required, contact State Parks at the River Center at (907) 714 -2470. ,Did you sign your application? If you have designated an agent to work the agencies on your behalf, they must also sign the application. Application is hereby made for a permit or permits to authorize the work described in this application form. I certify the information in this application is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the ap- plicant. Signa re •f Applicant If you designated an agent, both the applicant and agent must sign this application. x Signature of Agent Date Page 5 Conoco Phillips Calculations Chart Subject Sheet number of File By Date • 0 ) ConocoPhIllips Calculations Chart Subject File Sheet number 0 By 2/ tli bate -.1.\-k)-wr A0K, o,r-VrINA CNr\i\-k# 44. \-13. O13 -"A 110.17 .,1,,A Jj J1,41 JVI C),,kiNA j:J-13A ZNJZ _39 els' AYR. 1-va- cS.D-cV■ --\6-13111, \N9Aky- OM ?Is ,),73-■.,"\ Kenai Peninsula Borough Property Report - 04939032 Mon Nov 28 2011 02:59:38 PM Parcel Number: Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: 04939032 1125 ANGLER DR JOHNSON JACKIE L 1125 ANGLER DR KENAI, AK 99611 30 - KENAI CITY 350 General Commercial 0.98 $198,000 $635,500 $833,500 $813,500 DISCLAIMER: The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. Legal Description: T 5N R 11W SEC 11 SEWARD MERIDIAN KN 0780168 ANGLERS ACRES SUB PART 3 LOT 8 Number of Structures: 5 Structure # Year Built R01 R01 R02 R03 R04 2000 2005 1987 1999 1999 Square Ft 288 2,105 1,112 576 576 Structure Type OFP 1 L FRAME DUPLEX COTTAGE MULTI L COTTAGE MULTI L 1LVER CENTER Project Tracking Sheet Project Start: KRC # 8952 App. Start Date: 11/15/2011 Tax Credit: J Proj Name: Applicant: Contact Name: Location: BOAT LAUNCH /RAMP SNUG HARBOR SEAFOODS DALE, PAUL KENAAI RIVER COE Pio\ Project Completed: Cost Share: x-17 Parcel No: 049 - 011 -32 Riv. Mile •1.5 COE Pmt Expires COE JO Expires: Comments: IMPROVEMENTS TO EXISTING MUD Si GRAVEL COMMERCIAL BOAT RAMP CC: COE -KFO. k COE: i I MINING LIST: ! l SELDOM: l SBCFSA: [] TAX: CZ{ / OPMP: LJ USFWS: [i KNWR: fl COK: it COS: C ADF &G /SF: fl Ai: Al Req Date: Revr FP DB Hain Prt. JC Tax Cr1 CZM Parks PR ADFG GPL Amend # Permit # ID # OPMP: Authorities (Auth) OHMP 340) Fish Pm sage 870) Anad. Water 890) Emergency FP 040) Allowable 050) Compliance _ 060) SMFU.NNon FIRM 030) Variance At Rec Date: # Days Review Susp Resp Due Revised Due Inspect Recm Recm Dat Auth 12/15/2011 12!15/2011 12/15 /2011 Comments Due Revised Due KPB - HP 070) Allowable 080) Conditional Use __090) Prior Existing 040) Tax Credit _ _050) Compliance 030) Variance LT: Date Comm Sent 1 Recm - Comments Only RA) Rec Approval RD) Rec Denial GC) General Comments NR) Not Reviewed _ WD) Withdrawnfciosed _ CG) Generally Consistent CA) Consistent w/ Alternatives _ IN) Inconsistent Final Action/Date Expiry Date Final Deter Recd h Final Action _ D) Denied _ I) Issued NR) Not Req'd WD) Withdrawn by applicant O) Other R) Resolved F) Fined C) Court U) Unresolved T P) Passed to CCO _N) Unfounded Multi-Agency Permit Application CENTER Please :tuswt.r all tIucslions cntnplelrl�. 112ican1 Information: Name: Paul Dale (Snug Harbor Seafoods) Owner? ❑ Yes 1 No Mailing Address: (permits will be mailed to this address) P.O. Box 701 Kenai AK 99611 Phone (Home/Work): (907) 283 -6122 Cell. Phone: Fax: E -Mail: snug.paul @alaska.net t''I nt Inrr;, 1,lari, }"1: RECEIVED NOV 1 4 2011 KENAI RIVER CENTER Name: Matthew Dura (Nelson Engineering) Mailing Address: 155 Bidarka St. Kenai, AK 99611 Phone (Ilome/Work): (907) 283 -3583 Cell Phone: (907) 252 -8639 Fax: (907) 283 -4514 E -Mail: mdura@alaska.net Please complete all information including the legal description of the property or site location.. This in- formation can be found on your tax bill or by visiting the KPB Assessing Department website at '4;.v v.borough.kcnai..i .ushc;1" '' '.t. "t1( iCLllttylit!7i. Waterbody Name: Kenai River River Mile: 1.5 +1- ❑ Right or ❑ Left bank (looking downstream) Subdivision: Kenai Tidelands Survey No 2 Tract B Lot: N/A Township: 5N Range: 11W KPB Parcel Number: 04901132 Section: 4 Physical Address: N/A Block: N/A Directions to the site: Travel South on Bride Access Rd from the City of Kenai. Turn right on private drive 0.5 miles before Beaver Loop Rd. Access from river at mile 1.5 north bank. 1) This activity is a: ❑ new project modification, addition, repair, or replacement to an existing project 2) What is the purpose of this project? Improvement of the existing mud and gravel boat ramp for launching and retrevial of commercial boats. Page 2 !NI WO- Agency Permit Application - Page 3) Provide a detailed description of your entire project and all related activities. Attach additional pages if needed. Please be sure that your description contains all of the following: r The location and dimensions of all existing and proposed development, including buildings, roads /driveways, pathways, building pads, accessory structures, and fill, as well as the location of any water bodies. The type(s) and amount(s) of fill material to be used for the project. Include the location/source of the fill material. The measurements of all new development, including platforms, walkways, structures, and bank restoration techniques. Please include measurements from water bodies and lot lines. E The area and volume of material to be dredged and the location of the di.sposal site. • A description of the waterbody, including wetlands to be filled. Include the types and volumes of each type of fill material. A description of construction methods and types of equipment to be used. D If you are withdrawing water from a waterbody, a description of water use including location, me- thods of withdrawal., rate of withdrawal, and the total quantity of water required. CI If fuel storage is required for your project, indicate the location, quantities, and types of fuel. O If vegetation or trees must be cleared as a result of your project, indicate the location, amount, and type of vegetation to be cleared. The type(s) and amount(s) of material that will be excavated for the project. Include the location the excavated material will be placed. See attached. 4) Proposed project start date: 315/1 2 Estimated number of actual construction days: 30 7 -15 -11 Proposed project end date: 5) if this project is within the limits of an incorporated city, please indicate city: City of Kenai P J fi Y� P t7'-_ 6) Is the project located within 50 feet of ordinary high water (OHW) or mean high water (MFIW) of a stream or waterbody? 11 Yes ❑ No [ J Not sure where OHW or MHW line is Page 3 ulti- Agcney Permit Application — Paige 3 7) Does any portion of the project cantilever or extend over the OHW or MHW of the stream or waterbody? Yes ❑ No Not sure where OII W or MHW line is 8a) Does any portion of the project extend below the OHW or MHW of the stream or waterbody? Yes 0 No 0 Not sure where OHW or M.HW line is 0 8b) Will a structure (e.g., culvert, bridge support, dike) be placed below OHW, MHW, or High Tide Line (HTL) of the waterbody? 0 Yes l I No 9) Will material be extracted or dredged from (� Floodplain of a river, lake, or ocean ■i Tidal or non -tidal waters If you checked one of the above boxes, what type of material? Mud and Gravel What amount of material? 960 cu yds Where will the material be deposited? Temp. location on site to dry out then apprvd. uplands 10) Will material (including spoils, debris or overburden) be deposited in a ❑ Mapped floodplain or velocity zone of a river, lake or ocean © Tidal or non -tidal waters If you checked one of the above boxes, is the .fill temporary 0 or permanent 0? If temporary, how long will it be in place? What type of material is it? See Attached Amount? See Attached Identify the location(s) of any deposited material on the attached top -view site plan drawing. 11) What is the surface area (in acres) that would be filled, excavated, or dredged of any waters, including areas below the HTL or MHW of tidal waters, below the OHW of non -tidal waters and /or wetlands adjacent to tidal or non -tidal waters? See Attached 12a) List all motorized equipment to be used in this project, including access route to site and any stream or water - body crossings: See Attached 12b) How long will motorized equipment be used below OI-IW, MHW, or the HTL? See Attached 13) Are there any threatened or endangered species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work? C Yes ❑ No If yes, list all species: Page 4 �lulti -.• ktzency Permit :application - I'a;c 4 14) Are there any historic properties that may be affected by the proposed work? ❑ Yes ❑ No If yes, state which property or properties may be affected and /or attach a vicinity map including the location of the historic property or properties. 15) Is any portion of the work already complete? ❑ Yes ❑ No If yes, describe the completed work: 16) Will utility systems, including water, electric, gas, etc. be developed? ❑ Yes ❑ No If yes, describe: Application Checklist L: Are pages 1 through 4 completely filled out? If a question does not pertain to your activity, write `N /A' 0 Did you include a detailed project description? [1 Did you complete the Top View & Elevation /Side View drawings? .Be sure to review the instructions for site plans and make sure all relevant information is included. L Did you include your permit fee (if applicable)? If your project is within State Park Boundaries or can- tilevers over a State Park (which includes the Kenai River) a $50 fee is required at the time of application. Make checks payable to `State of Alaska.' If you are not certain if a fee is required, contact State Parks at the River Center at (907) 714 -2470. ri Did you sign your application? If you have designated an agent to work the agencies on your behalf, they must also sign the application, Application is hereby made for a permit or permits to authorize the work described in this application form. I certify the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the ap- plicant. I / / /U /Z St nature of. Applicant Date If you designated an agent, both the applicant and agent must sign this application. X tr /. ? P , Signatit e of A ri i 'r Date Page 5 40 0 20 GRAPHIC SCALE 40 i B0 '60 ( IN FEET 1 inch = 40 ft. 71DAL WORMATION EXTREME WATER LEVEL (E.W.L) HIGH TIDE LINE H.T.L) MEAN HIGHER HIGH WATER M.H.H.W) MEAN HIGH WATER (M.H.W) MEAN TIDE LEVEL (M.TI) MEAN SEA LEVEL (M.S.L) MEAN LOW WATER M.L.W) MEAN LOWER LOW WATER M.L.L.W) EXTREME LOWEST WATER (E,L.W) 26.5 FT (ESTIMATED) 25.20 FT 19.86 FT 19.13 FT 10.38 FT 10.35 FT 1.64 FT 0.00 ET —6.00 FT REFERENCE DATUM IS TAKEN AT THE PLANE OF MEAN LOWER LOW WATER. 6'X180' FLOATING DOCK (9) 20' SECTIONS WITH 100 DIAMETER PI'4 PILES TOP OF CONCRETE PLANK RAMP 28.00' RETE' mac, ---- EXTENT OF CUT /,�h,4 '` FINISH GRADES /' CONTOURS BOTTOM OF CONCRETE RAMP 0.00' M.L.L.W l'0 o‹) SITE PLAN SCALE: 1",=50' `�1 REMOVABLE ABUTMENT 6" CONCRETE SLAB ON MIN 12" GRAVEL OVER EXISTING SAND AND GRAVEL EXTEND EX :STING GABIONS NORTH SIDE OF RAMP AND PLACE NEW ON SOUTH SIDE 8',:2'Y..16' CONCRETE PLANK ON MIN 120 GRAVEL OVER E',ISTING SAND AND GRAVEL TYPICAL. 40 WIDE GRAVEL SURFACE EXTENDING ■2' EACH SIDE OF CONCRETE RAMP DESCRIPTION: SNUG HARBOR BOAT LAUNCH IMPROVEMENTS KP8 PARCEL. 04901132 AND 04901127 WATERBODY: KENAI RIPER RIVER MILE: 11. LOCAL GOVT: CITY OF KENAI APPLICANT: SNI'0 HARBOR SEAFOOTDS AGENT: NELSON ENGINEERING SHEET: 1 OF 4 n.ATL•t11 /01/11 40' 16' 4' 8' 1 - PROPOSED 6'X180' FUMING. DOCK 12' • - • •.• •• • • • • EISlN3 MATERIAL TO BE DREDGED VARIES -----.. *." 12 MI'L OVERLAP GEOTEXTILE 4' INSTALL LTER FABRIC ON PREPARED SLIBCPAX AND BLOW CONCRETE PLANKS .• 4"x12'' S LL TYPICAL 2'X16' CONCRETE PLANK WITH "RAKE" FINISH EXCAVATE AS REVD TO PLACE 12 MIN. TYPE CLASSIFIED F II BELOW PLANKS TYPICAL RAMP SECTION A-A SCALE: VERTICAL 3/8"= 1' HORIZONTAL 3/1 6"= 1 .•, / GABION RETAINING WALL N.,1 2' /j. r 12' MIN , • I 1' 2 ORIGINAL GRADE VARIES - a' 14-IICK. R(11.:K. PROPOSED 6';'.180' FL ATING DOCK 40' 16 '12" M[1. • • • " ‘," , ' • " ' ' • z INSTALL FILTER FABRIC ON PREPARED SifBGPADE AND BELOW CONCRETE PLANKS 12' MIN EXISTING MATERIAL TO BE DREDGED VARIES • OVERLAP GEOTEXTILF 4' •• ' 4"x12" SILL TYPICAL — 2'X16' CONCRETE PLANK WITH "RAKE" P.,,S1-1 SECTION B-B GRAPHIC SCALE ei CXCAVATE AS REVD TO PLACE 12' MIN. TYPE II CLASSIFIED FILL BELOW PLANKS US" ( IN FEET ) 3/16' inch 1.00 FL tz, • \ • \ 40 35 32 28 Ti. +25.2' 24 !.inW +10.13' 20 12 LAOIS OF. DREDONG 8 ELCE-0,0 MLLW cz< 4 GRAD Mi.14 1.64 F.A. W.LLW 0.00 •-"_.L1 - 4 TOP0,7 PA RI OW -2-EaRTON. * ADL r1iiiADE r<LC.,;;:, 0 MAKE. - 8 13077'01, RA1 *FL19 1V E;< STING GRADT: * 41 STA10'.: 0450* "" • •+ ■ • • ,•. • 1 - HT 252 1 4! 40P-.-FIAMP--- — 6.5% cDRED:GING _ . 19.13 ----:;.„'-- E : T RA OP-Ur-, MP ---- — -'-- 1\ri) OF :PONREIE: s.c.4a --- ..i. 1. LEV: 78' , ELFJ7-:33 `,-- 48pRED RAMP y-- 04 DO 1+00 1+50 2+00 SECTION C-C SCALE: VERTICAL 1"=20' HORIZONTAL 1"=40' n 2+50 3+00 3+50 Kenai Peninsula Borough Kenai Peninsula Borough Parcel Page 1 of 1 generated on 11i15i2011 3:26.39 PM EST Parcel Number Tax Account Parcel Address 2011 Total Data as of Assess Value Year 04901132LH1 $685,300 10/2/2011 2010 Owner Name Owner Address Transfer Date Document # Deed Book /Page Taxing Unit Deeded Acreage Owner Information SNUG HARBOR SEAFOODS INC PO BOX 701 KENAI AK 99611 -0701 07/29/1999 564 245 Location / Description 30 Base MAP KR05 .0000 Legal Desc. T 5N R 11W SEC 4 Seward Meridian KN 0890002 LSEHOLD EST CREATED BY LSE @341/16 & A/L @564/245 ON TR B KENAI TIDELANDS SURV #2 Parcel Type Property Class Code 651 Leased Commercial 2011 Land Value 2011 Imp. Value 2011 Total Value Prior Land Value Prior Imp. Value Assessment Information $111,100 $574,200 $685,300 http: / /ak:- kenai- property. governmax.com /propertyrnax/GRM /tab parcel_v0701.asp ?.Print... 11 /15/2011 Kenai Peninsula Borough Kenai Peninsula Borough Parcel Page 1 of 1 generated on 11;15/2011 3:27:22 PAT EST Parcel Number Tax Account Parcel Address 2011 Total Data as of Assess Value Year 04901132 $107,900 10/2/2011 2010 Owner Information Owner Name KENAI CITY OF Owner Address 210 FIDALGO AVE STE 200 KENAI AK 99611 -7750 Transfer Date 07/29/1999 Document # 0 Deed Book /Page 564 245 Location / Description Taxing Unit 30 Base MAP KR05 Deeded Acreage 1.9800 Legal Desc, T 5N R 11 VV SEC 4 Seward Meridian KN 0890002 KENAI TIDELANDS SURVEY NO 2 TRACT 13 Parcel Type Property Class Code 651 Leased Commercial Assessment Information 2011 Land Value $107,900 2011 Imp. Value $0 2011 Total Value $107,900 Prior Land Value $111,100 Prior Imp. Value $575,100 http : / /ak- k.enai- property.govemmax. coin /propertyrnax /GRM /tab _parcel_v0701.asp?Print. , . 11/15/201 1 Additional Information to KRC Multi - Agency Pemit Application Block 3 This project involves the construction of OM new 195' long x 16' wide concrete launch ramps and installing (9) 20' long x 8' wide wood -framed dock floats supported in place by (5) 12" diameter galvanized steel piles spaced approximately 40 feet apart. The dock floats will be placed adjacent to the new launch ramp as shown in the attached plans. On each side of the concrete ramp, an improved gravel ramp will extend 12, to give an overall improved ramp surface width of 40'. The typical concrete ramp plank section consists of geotextile separation fabric, 12" gravel fill, 4x12 timber sill, and the 16'x23 "x8" concrete plank. There will be approximately 7800 square feet of material below HTL and 5400 square feet of material above HTL disturbed by the proposed ramp installation. At the top of the launch we propose to install approximately 1 300 square feet of concrete paving. The contractor constructing the project will be working in dewatered areas below OHW or M1TW. The only times the project will be dewatered below OHW /MHW will be at low tide periods. The purpose of this project is to provide a facility for launch and retrieval of commercial boats. The ramp is intended to be utilized by a variety of boat sizes varying from a small skiff to a 36' wide barge. Block 10 Materials to be discharged Below High tide Line (HTL), approximately 183 LF, in cubic yards (cy): (92) 16'x23 "x8" concrete launch planks — 74 cy 12" thick Type lI gravel fill — 271 cy 8" thick (1 " -3" diameter) River Rock fill — 110 cy 4x12 Timber Sills (732 feet) — 10 cy Geotextile Separation fabric - 16,500 SF Total Fill Volume = 465 cy Block 11 The area below mean high water to be filled is approximately 4600 square feet. The area below maximum (spring) high tide line and above mean high water to be filled is approximately 2800 square feet. Fill material discharged in this area will consist of: geotextile separation fabric, 12" thick gravel, 8" thick 1"-3" diameter river rock, one new concrete ramp. Block 12A The types of equipment used for the construction of the new boat launches will range from small machinery such as Bobcats to large excavators and dozers. The site must be excavated to the elevations shown on the plans in order to install the new launch ramp. A total of 920 cubic yards of existing material shall be excavated bellow HTL. The existing material consists predominantly of silt and some gravel, The total area of material to be dredged will be approximately 9100 square feet. When the work area is dewatered, by a low tide, the Contractor will excavate existing material, with equipment of their choice. The equipment will. most likely be a tracked excavator and end dump trucks to haul material to an upland location. The Contractor will be required to create a sand berm around the stockpile, to eliminate the possibility of excavated material from entering the surrounding wetlands or water bodies. The excavated /dredged material will be saturated when removed from the river banks, placing the material in the upland storage site will allow the material to dry before the Contractor hauls it to their disposal site. 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Era Alaska is also proud sick, injured or orphaned Wild birds to Bird TLC )ur'bird life flight,' allowing birds to receive the education birds at Bird TIC. She serves as an programs that give the community valuable onal bird and its preservation. les the extra mile for atir feathered friends. ' ksn y.)L' ^. =n A L A S K A Er 4 Bringing Alaskans Together Latte or Cappuccino Hot Chocolate • •.'• Kennedy's case dates back to 1990 FROM PAGE 1 Some cars are registered with historic license plates, such as a 1956 Chevrolet se- dan. Huguelet set a trial date for late January to continue considering the case. The judge also encouraged Kennedy and the city to work together to resolve the issue before coming back to court next month. Plan- ning Director Rick Abboud said he's hoping that can be done. "It's not our object to take him to court," he said, referring to the January trial date. "I think they'll be happy in the end," Kennedy said. "We're going to work on it between now and then." The city later filed a motion for reconsideration with Huguelet, but the judge has not yet ruled on that motion. Kennedy said he has been working on cleaning up his lot, moving about 50 percent of what the city asked for in the 2009 enforcement action that led to the latest court hearing. For example, the Friday after the hearing, Kennedy moved two old Mercedes Benzes and a BMW from his lot. "I think we'll settle it before court," he said. "I think everybody's going to get along and it will work out. Everybody will be hap- py in the end." Kennedy's case dates back to 1990, when city officials first targeted his property for clean up. A longtime Homer resident, Kennedy stores outside his home material that includes vintage cars, Chinese bicy- cles and other objects. Supporters of Ken- nedy contend he offers a valuable service, providing spare parts, historic objects and curiosities to mechanics and artists. Except for fishing gear stacked in a row, most material is either inside cars and sheds or in the back of pickup trucks. City code allows for storing fishing gear outside. The city says the material stored outside is junk, defined as "worn out, wrecked, scrapped, partially or fully discarded or damaged goods or tangible materials" as well as "motor vehicles that are inoperable or not currently registered for op- eration under the laws of the state." In October 2009, the city started another round of enforcement against Kennedy. Kennedy lost an appeal to the Homer Advi- sory Planning Commission in December 2009, and to and the Homer City Coun- cil, acting as the Board of Adjustment, in June 2010. In the decision by the board, it found Kennedy stored in- operable cars and material defined as junk under city code. The decision modified the planning commission action and found that city pho- tographs failed to prove any of Kennedy's vehicles were operable. Located on the inland side of the Ocean Drive Loop Seawall near upscale homes with Kachemak Bay views, Kennedy's home is between two vacant lots. His nearest neigh- bor to the east, Larry Keller, a Vietnam War combat veteran, said he doesn't mind what he calls "the museum." "If they need something, and that's the only one of its kind on the Kenai Peninsula, and they need it now, it's probably at Mike's place," Keller said. "We really enjoy having Mike near. It's a comfort?' Michael Armstrong can be reached at micha a 1. armstrong @ homernews. com. "I think we'll settle it before court. I think everybody's going to get along and it will work out. Everybody will be happy in the end." — MIKE KENNEDY ON HIS ONGOING DISPUTE WITH THE CITY 2011 Nutcraciker Fire December 3rd and 4th at Homer High school. turclay iiam to 7 :3opm and Sunday noon to 6pm 100 VeIRdOrS Various crafts, art and foods!