HomeMy WebLinkAbout2012-03-28 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 28, 2012 - 7:00 p.m.
Work Session
Review of the Background Report for the
Comprehensive Plan
6 p.m. - 7 p.m. & continue after the regular meeting.
Work session will adjourn no later than 9 p.m.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
> James Rowell
*All items listed with an asterisk ( *) are considered to be routine and non - controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *March 14, 2012
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ12 -02 (Revised) — Section Line Easement Vacation Plat Associated with Tract A,
Kenai Landing Cottages Subdivision. Plat submitted by Integrity Surveys, 43335
Kalifornsky Beach Road, Suite #10, Soldotna, Alaska.
b. PZ12 -07 — Baron Park Subdivision Replat 2012 (A Replat of Lot 1A -6 Baron Park
Subdivision No. 3 and Lot 1A -5A, Baron Park Subdivision No. 11). Plat submitted by
Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska.
5. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. Application for Lease Renewal — RusselI G. Winger dba Aero Maintenance - Lot 3,
Block 4, General Aviation Apron (KPB Parcel 04324012). Discussion/recommendation.
8. PENDING ITEMS:
Agenda
March 28, 2012
Page 2
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.)
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: April 11, 2012 .
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
ITEM 1:
CITY OF KENAI
PLANNING & ZONING COMMISSION
MARCH 14, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
VICE CHAIR HENRY KNACKSTEDT, PRESIDING
MINUTES
CALL TO ORDER
Vice Chair Knackstedt called the meeting to order at approximately 7:02 p.m.
1 -a. Pledge of Allegiance
Vice Chair Knackstedt led those assembled in the Pledge of Allegiance.
1 -b. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff/ Council Liaison present:
act
Vice Chair H. Knackstedt, K. Koester, K. Peterson,
P. Bryson, J. Rowell
C. Smith (excused), J. Twait (excused)
City Planner M. Kebschull, Planning Assistant
N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall
A quorum was present.
1 -c. Agenda Approval
Commissioner Bryson read the following changes to the agenda:
ADD TO: 1 -e. Excused Absences J. Twait and C. Smith
REMOVE: 4 -a. PZ12 -07
MOTION:
Commissioner Bryson MOVED to approve the agenda as amended and Commissioner
Peterson SECONDED the motion. There were no objections. SO ORDERED.
1 -d. Consent Agenda
MOTION:
Commissioner Koester MOVED to approve the consent agenda and Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1 -e. *Excused Absences
• Clifford Smith
• Jeff Twait
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 -- February 22, 2012
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4 -a. PZ12 -07 - Baron Park Subdivision Replat 2012 (A Replat of Lots 1A -1
and 1A -2, Baron Park Subdivision No. 3). Plat submitted by Integrity
Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska.
Removed from the agenda.
4 -b. PZ12 -08 - R.M. Thompson Subdivision, 2012 Replat - A subdivision of
R.M. Thompson Subdivision 2011 Replat (Plat #2012 -6 & Radar
Subdivision Plat #K -106). Plat submitted by Integrity Surveys, Inc.,
43335 K -Beach Road, Suite 10, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ12-08 with staff recommendations and
Commissioner Peterson SECONDED the motion.
Kebschull reviewed the staff report included in the packet, recommending approval
with the following requirements:
• The owner must submit an application to amend the zoning to rezone the
new parcel to General Commercial.
There were no public or commissioner comments.
VOTE: MOTION PASSED UNANIMOUSLY.
4 -c. PZ12- 01(Revised) - Preliminary Plat - Lot 1, Poore Subdivision (A
resubdivision of Government Lots 6 & 7, located within the SW 1/4 S6,
PLANNING AND ZONING COMMISSION MEETING
MARCH 14, 2012
PAGE 2
T5N, R10W Seward Meridian). Plat submitted by Integrity Surveys,
43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska.
Kebschull reviewed the staff report included in the packet, recommending approval
with the following requirements:
1. Remove or amend Note 1. This property is located in the City of Kenai
and subject to zoning restrictions for land use.
2. Remove or amend Note 2. This property is subject to setback restrictions
for the City of Kenai Rural Residential zone which requires a front
setback of 25 feet from all street rights -of -way.
3. Remove Note 6. This property is located in the City of Kenai and any
road construction must meet City of Kenai development requirements.
4. Renumber remaining notes accordingly.
MOTION:
Commissioner Koester MOVED to approve PZ12 -01 with staff recommendations and
Commissioner Bryson SECONDED the motion.
There were no public or commissioner comments.
VOTE: MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS -- None.
ITEM 6: UNFINISHED BUSINESS -- None.
ITEM 7: NEW BUSINESS -- None.
ITEM 8: PENDING ITEMS
8 -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 (RS 1),
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.)
ITEM 9: REPORTS
9 -a. City Council -- Mayor Porter noted the action agenda for the March 7
City Council meeting was in the packet.
PLANNING AND ZONING COMMISSION MEETING
MARCH 14, 2012
PAGE 3
9 -b. Borough Planning -- Commissioner Bryson reviewed the February 27
and March 7 Borough Planning Commission meetings.
9 -c. Administration -- Kebschull reviewed the case study included in the
packet regarding site visit procedures.
Kebschull gave a status report on outdoor wood burning boilers and general
discussion occurred. Kebschull reported she would draft a memo to Council through
the City Manager that the Commission would not proceed with an ordinance.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
Mayor Porter invited all commissioners to the Volunteer Appreciation Dinner.
ITEM 11: INFORMATION ITEMS
11 -a. Kenai River Center Permit Application - KRC #9027 - Pawluk - ELP Stairs
8s Ramp, 1312 Cunningham Dr., Kenai, Alaska.
11 -b.
Gold Country Estates Preservation Group, Inc., an Alaska Nonprofit
Corporation and William H. Cramer, individually v. Fairbanks North Star
Borough - The Supreme Court of the State of Alaska Opinion No. 6651 -
February 10, 2012.
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION
12 -a. March 28, 2012
Commissioner Rowell requested an excused absence for the March 28 meeting.
ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None.
ITEM 14: ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
approximately 7:38 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
MARCH 14, 2012
PAGE 4
STAFF REPORT
To: Planning & Zoning Commission
Date: March 21, 2012 Res: PZ12 -02 (Revised)
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Land Use Plan:
Integrity Surveys, Inc. 262 -5573
43335 Kalifornsky Beach Road, Suite #10
Soldotna, AK 99669
Section Line Easement Vacation Plat Kenai Landing Cottages
Subdivision No. 1
A vacation of a portion of section line easements within Tract A,
Kenai Landing Cottages Subdivision Plat No. 2005 -29
2101 Bowpicker Lane
04901023
Existing Zoning: IH — Heavy Industrial
Land Use: Commercial
Industrial
ANALYSIS:
This is a revision to a section line easement vacation reviewed by the Commission on
February 8, 2012. A copy of the February 8th packet materials is included for reference.
The February 8th plat dedicated a portion of the section line as the Old Cannery Road and
vacated the remainder. The revised plat does not dedicate that portion of the section line.
Eliminating the dedication removes any requirement for construction of the dedicated
right -of -way.
The proposed 50' public access easement shown on the plat has not changed. The City
was provided a copy of the public access easement that will be recorded. The easement
will be recorded before the final plat is recorded. A plat note will be placed on the final
plat referencing the recorded easement. This document includes a description of the
easement and reservations placed on the easement. (Copy attached.) There is a concern
relating to these reservations as to whether the public's access is protected.
RECOMMENDATIONS:
This plat identifies the proposed section line vacation that transverses the Kenai Landing
property. The vacation will eliminate a long- standing problem wherein buildings were
built across the section line. Department of Natural Resource's general policy is that the
PZ12-02 (Revised) — Comments Page 2
replacement access must be equal or better than the access provided by the section line
easement.1 It appears the proposed alternate public access easement meets this standard.
The concern is that the reservations being placed on the easement may reduce the public's
right. The City supports the vacation if the reservations being placed on the proposed
easement are written to protect the public's right and is consistent with similar public
easements dedicated to access public resources.
Recommend approval with the following:
1. That the alternative access easement does not diminish or place additional
limits on the public's rights beyond what are granted to them by the existing
Section Line Easement.
ATTACHMENTS:
1. Resolution No. PZ12 -02 (Revised)
2. Preliminary Plat
3. Public Access Easement
4. Aerial
1 http: / /dnr.alaska.gov /mlw /factsht /vacate.pdf
the clty of
KENAI, SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -02 (Revised)
SECTION LINE EASEMENT
VACATION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat SECTION LINE EASEMENT VACATION PLAT ASSOCIATED
WITH KENAI LANDING COTTAGES SUBDIVISION NO. 1 was referred to the City of Kenai
Planning and Zoning Commission onMARCH 19, 2012, and received from INTEGRITY
SURVEYS.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned IH — Heavy Industrial and therefore subject to said zone conditions.
2. Water and sewer: Not Available.
3. Plat does not subdivide property within a public impovement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. That the alternative access easement does not diminish or place additional limits on the public's
rights beyond what are granted to them by the existing Section Line Easement.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES SECTION LINE EASEMENT VACATION PLAT
ASSOCIATED WITH KENAI LANDING COTTAGES SUBDIVISION NO. 1 SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MARCH 28, 2012.
CHAIRPERSON:
ATTEST:
8
Q
o
m
_ - (08955'59
OLD CANNERY (7411 �)
ROAD
KERN t"i ;1 za` yr. ),F,7 ■5; ► I I ) iwww ..300T38 G%1FP6F:; (D8
(589118'04 "E 1281.881
i
505.3T
NOTR.E
A1) DREEVELGULATIONS OPMENT OF THIS LOT IS SUBECT TO THE CITY a KERNS ZONING
2) 0061040 OF 11410 9UBDPASON ARE WHIN THE KEVIN PENM50*
BOROUGW 50 FOOT ANAOROMOUS STREAM HABITAT PROTECTION AREA
DEVELOPMENT MAY BE RESTRICTED 1ATOER CHARTER 21.18 KENN
PENINSULA BOROUGH 000E Di ORDINANCES.
3) NO PRIVATE ACCESS TO STATE MAINTAINED RIGHT OF WAYS PERMITTED
UNLESS APPROVED BY THE STATE OF ALASKA DEPARTMENT CF
TRANSPORTATION.
44) FRONT 10 FEET ADJACENT TO RIGHT OF WAYS IS A UTILITY EASEMENT.
NO PERMANENT STRUCTURE STALL BE CONSTRUCTED OR PLACED W•1N
A °BUN EASEMENT WRICH MOLD INTERFERE MTH THE ABILITY OF A
UTILITY TO 115E THE EASEMENT.
5) LOTS MITTW 11119 SU8ONSIOI MAY BE LOCATED WHIN A DESIGNATED -
e e
ROOD HAZARD AREA '° ,.•
0) AN EXCEPTION TO WV 2020.200 AND 20.20.030 WAS GRANTED FOI THE
PARENT PLAT AT THE FEBRUARY I4. 2004 PLAT COMMITTEE MEETING.
7)
TRUE BOUNDARY OF SUBDIIN40N"E. 111E APPRO9 UNE 00F FORMS
HIGH WATER, AS SOWN. WIN. IS FOR COMPUTATIONS ONLY. THE TRUE
PROPERTY CORNERS BENG ON THE EXTENSION OF THE 10E LOT UNES
AND 11108 INIERSE01101 VAIN 111E NATURAL MENIUEAS.
8) BACTFWAIFR 99VKA• 7115 LOT IS AT EAST 200.000 SQUARE FEET OR
A NOMINAL 5 ACRES IN 92E AND CCNDI1KN5 MAY NOT BE SUITABLE
FKR =SITE WASTEWATER TREATMENT AND 019'OSAL AR1 WASTEWATER
TREATMENT Cr DISPOSAL SYSTEM MUST MEET ME REGULATORY
REQUATEMENTS OF THE A1A9A DEPARTMENT OF ENNRO "MENTAL
CONSERVATION.
9) THE EIn5TNG TRAVELED WAYS RAE PRIVATE ACCESS DRIVES, WHICH
ACCESS SHALL BE DESCRIBED AT A RECORD EASFNENT PROMDIN9 ACCESS ►
M0.U0ING E1008.10Y SERVICES, TO AIL PARCELS, WHHIN THESE
► 91801 1 s i ►' — .. _ .. _
►
T).
►
" \
TRACT A
49.05 ocr.
i
I5
'*• LOAM
T 0.0/BLM MONUMENT RECOVERED
Dg9 0.0/BLM MONUMENT OF RECORD
• PRIMARY MONUMENT SET THE SURVEY
$ PRIMARY MONUN0ET RECOVERED
m
PRIMARY MONUMENT OF RECORD
• SECONDARY MONUMENT SET THIS SURVEY 5/8 REBAR
SECONDARY MONUMENT RECOVERED 5/6 REBAR
SECONDARY 90NUYENT OF RECORD 5/8 RWAR
SECONDARY MONUMENT OF RECORD 5/8 REBAR
RECORD PER KEVIN LARDING COTTAGES SUODIVISON
RAT N0. 2005-29
UU V I_I 1__I I A
( i
D
NORTH
EASEMEENT VACATION
AL
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111R1a11811FADEID
GRIMMER LOT 13
CRRTTPICATR 0P SURTTYOR
I HEREBY CERTIFY THAT; I AM PROPERLY
REGISTERED MO LICENSED TO PRACTG0 LAND
SURVEYING IN THE STATE OF AU9CA, TINS PLAT
REPRESENTS A SURVEY MADE BY 140 OR UNDER MY
DIRECT SUPER /ASTON THE MONUMENTS SHOWN
HEREON ACTUALLY E05T AS DESCRIBED. AND ALL
OMEN9M5 AND OTHER DETAILS ARE CORRECT 117
7110 DMEN9081 AND OTWR DETAILS ARE CORRECT
TO THE NOMINAL STANDARDS OF PRACTICE Cr LAND
SURVEYORS M TIE STATE OF ALASKA
UNE TABLE
851
LATE BEARING LENGTH
Lt NODD491'E 33.00'
1.2 55401.oYE 3200
13 SO4YH'2YE 32.00'
14 51732'00,E 50.02'
(900'00'00"E 488.04')
we.M
SECT /ON LINE EASEMENT VACAT /ON PLAT
11T 1
75'}ry 52
F^*091888111) Loo 1d
1Ga .M 1TabeM�
■
088270N LINE EASEMENT VACATION
CRRTFPM.4TE APPROVAL
RECOMMENDATION
STATE OF M ASKA DEPARTMENT OF
TRANSPORTATION & PUPoN: FANITWS
THE VACATION STATEMENT. AS SHORN HEREON.
HAS BEEN RENEWED BY 1140 CENTRAL REGIONAL
OFFICE AHD. 15 HEREBY RECOMMENDED FOR
APPROVAL BY THE OGMWSSIONER
RECOMMENDED BY
DATE
111E BEOwA 01 GF 0011 -OF -WAY AGENT
STATE K AI A51 104131431 OF 111160 I ANTE A9
MIER
THE VACATION STATEMENT. AS 510811 HEREON.
HAS SEEN RENEWED BY T1HE 03501 OF WNMO,
LAND AD WATER AND IS HEREBY RECOMMENDED
FOR APPROVAL BY TIE COMLBS5GIER
RECOMMENDED BY
DATE
TIRE 5000108 915004 (4 151640. 1.2N0 549
WAffi
THE STATE OF ALASKA, ACTING BY AND THROUGH
TIE COMMISSIONER OF THE DEPARTMENT Cr
NATURAL RESOURCES ARO 14E COMMISSIONER OF
THE DEPARTMENT OF TRANSPORTATION AND PUBU0
FA0U125, ODES HEREBY STATE NW DECLARE
THAT ME STATE OF ALASKA VACATES AND
RELEASES ALL RIGHTS AND 111E TO ANY AND All
PORTIONS OF SECTION UNE EASEMENTS FOR PUBLIC
HIGHWAYS RESERVED 10 IT UNDER AS 19.10.010
(SPECIFIC AR 4 00000ATED BY DIAGONAL HATCHING
A 005024
DATE
COMM690NFR
DEPARTMENT OF TRANSMUTATION ARO PUBLIC
FACTURES
APPROVED.
DAZE
COMM19510NFA
DEPARTMENT Cr NATURAL RESOURCES
PEAT APPROVAL,
THIS PLAT WAS APPROVED BY NNE KENN PENINSULA
BOROUGH PLNMNG COMMON AT THE %METING OF
KENAI PENATSUU BOROUGH
AU1110E2E0 DUCTAL
8627771CATR OP OWNERSHIP AND DEDICATION
1, THE UNDERSIGNED, HEREBY GERTI:? THAT KEVIN LANDATO
INCORPORATED. IS THE OSTEA OF 111E REAL PROPERTY SHOW AND
DESCRIBED HEREON MD 04 BEHALF OF THE KENN L.AN8NC
INCORPORATED. 1 HEREBY ADMIT THIS PLAN 01 SUBORN90) AND BY MY
FREE CONSENT OETACATE ALL RIGHTS-0E-WAY ARO GRANT ALL EASMENTS
TO THE USE SHORN.
JONA1NAN FAIAINER. I
KENAI LANDING. MC.
5011 SPENARO ROAD
SUITE 201
NH:HORN E. AS 9951'
NOTARYS ACKNOWLEDGMENT
FOR
SUBSCRIBED AND SWORN BEFORE ME 1x15
DAY OF 2012
NOTARY PUBLIC FOR ALASKA
MY CC4M159ON EXPIRES
ALMEXIABDISAGEIMILLITA=
F4 HEREBY MITT THAT WE HAVE AN EQUITY INTEREST AS
BENEOOARIE5 ON THE REAL PROPERTY SHOWN AND DESCRIBED HEREON
AND THAT ME HEREBY AC040111ED9E TARS PLAN CC SUBDIVISION
STEVE BUSH BILL WELSFlRD. PRESIDENT
*LA518 GROWTH CAPITAL WARDS COVE PACKING COMPANY
NOTARY ACKNOWLEDGMENT
FOR:
SUBSCRIBED AND SWORN BEFORE ME 11115
OAT OF 2012
NOTARY PUBLIC FOR ALASKA
MY CONMI9900 EIYIRES
NOTARY$ ACRNOOI.ROCINT
FOR
SUBSOWEED AND SWORN BEFORE ME WI
DAY CF 2012
NOTARY PUBLIC RR AASNA
MY COMMIS90N 08180s
PPR FILE No. 2012. ? ??
Plat •
14.0, 0101.
20
Dot.
Time
SECTION LINE EASEMENT VACATION PLAT
KENAI LANDING COTTAGES
SUBDIVISION NO. 1
A VACATION OF A PORTION OF SECTION UNE EASEMENTS WHIN TRACT A
KE4N LANDING COTTAGES SUBDIVISION PUT 150. 2005 -29
LOCATED WARN THE 931/4 SEC 17 AND SW 1/4 SEC. 8 751 R1111 SEWARD
MERIDIAN. COY O KENAI. KENN RECORDING DISTRICT, KENAI PENINSULA
BOROUGH, ALASA
CONTNWNG 49.05 ACRES
INTEGRITY SURVEYS INC.
43335 K -BEACH RD.
9M1FOR5
BATE 10(( 9A
3M SOLDOINA, NA 99869
36 - fee1429124674 PUVORTS
Rwy911YrrM
JOB NO. 210150
ORAMN: 19 M >e4, 2012 EH
SURVEYED: N
SCA £ 100'
FIELD BID. T
FILE: 210180 SIEV.0
FIELD BIC
0NR FRE NO, EV-3-142
•
PUBLIC ACCESS EASEMENT DESCRIPTION
This easement is intended for ingress and egress, of a public use access and
parking area located within the southeast' of Section 8, Township 5 North,
Range 11 West, Seward Meridian, Alaska. Said easement being more
particularly described as follows;
Commencing at the southwest section corner of said Lot 8, said corner as
monumented and shown on Kenai Landing Cottages Subdivision, Plat # 2005 -29
Kenai Recording District;
Thence S89 °55'59 "E 808.30 feet adjoining the east -west section line;
Thence N00 °04'01 "E 33.00 feet to a point on the 33 foot section line easement
said point being the TRUE POINT OF BEGINNING;
Thence N89 °56'03 "W 55.59 feet;
Thence N25 °58'38 "E 416.63 feet;
Thence N63 °59'24 "W 32.00 feet;
Thence N25 °58'38 "E 100.00 feet;
Thence S64 °01'22 "E 32.00 feet;
Thence N25 °58'38 "E 443.45 feet;
Thence N70 °20'18 "E 201.49 feet more or less to a point on the Mean High Water
of the Kenai River;
Thence adjoining said Mean High Water S17 °52'00 "E 50.02 feet;
Thence S70 °20'18 "W 179.53 feet;
Thence S25 °58'38" 915.42 feet to a point on the 33 foot section line easement,
said point being the TRUE POINT OF BEGINNING.
Said described easement contains 5,913 square feet more or less.
Exhibit A is attached hereto and made a part of.
Bow Picker Lane
UnsubeuMed
Kong SO'R SmINd0so01n�
NORTH
TRACTA
0
50' WIDE
PUBLIC ACCESS
44 -.� EASEMENT
8
L2 poivrOF BEGINNING
33' SECTION LINE ESMT. " L1
S89'55'59 "E 808.30'
Mnsabdododci;d
MC WC
BRASS CAP
ant Leit 13
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'04'01 "E
33.00'
L2
N89'56'03 'W
55.59'
L3
N25'58'38 "E
416.63'
L4
N63'59'24 'W
32.00'
L5
N25'58'38 "E
100.00'
L6
S64'01'22 "E
32.00'
L7
N25'58'38 "E
443.45'
L8
N70'20'18 "E
201.49'
L9
S17'52'00 "E
50.02'
L10
S7020'18 "W
179.53'
L11
S25'58'38 "W
915.42'
33' SECTION LINE ESMT.
UtnuohdOVNIed
EXHIBT A
Qn etro ent WI 14
Bar Scale
1" = 300'
INTEGRITY SURVEYS, INC.
43335 K —Beach Rd. Ste. 10 Soldotna, AK 99669
SURVEYORS PHONE — (907) 262 -5573 PLANNERS
FAX - -- (907) 262 -5574
Scale: As Shown
Drawn by SAH
Page 1 of 1
19 February, 2012
Job #: 210180
File: 210180 ESMT dwg
PUBLIC ACCESS EASEMENT
The Grantors, KENAI LANDING INC, of 4786 Homer Spit Road, Homer Alaska, 99603, ,
Grantors, hereby grant to THE PUBLIC, Grantees, and successors and assigns thereof, a
perpetual public access easement over and across TRACT A KENAI LANDING COTTAGES
SUBDIVISION as shown on Plat No. 2005 -29 KRD, located within the southeast one - quarter
(SE1 /4) Section 8 and the northwest one - quarter (NW1 /4) Section 17, Township 5 North, Range
11 West, Seward Meridian, Alaska. Said easement is more particularly described as follows:
Commencing at the southwest section corner of said Lot 8, said corner as monumented and
shown on Kenai Landing Cottages Subdivision, Plat # 2005 -29 Kenai Recording District;
Thence S89 °55'59 "E 808.30 feet adjoining the east -west section line;
Thence N00 °04'01 "E 33.00 feet to a point on the 33 foot section line easement said point being
the TRUE POINT OF BEGINNING;
Thence N89 °56'03 "W 55.59 feet;
Thence N25 °58'38 "E 416.63 feet;
Thence N63 °59'24 "W 32.00 feet;
Thence N25 °58'38 "E 100.00 feet;
Thence S64 °01'22 "E 32.00 feet;
Thence N25 °58'38 "E 443.45 feet;
Thence N70 °20'18 "E 201.49 feet more or less to a point on the Mean High Water of the Kenai
River;
Thence adjoining said Mean High Water S17 °52'00 "E 50.02 feet;
Thence S70 °20'18 "W 179.53 feet;
Thence S25 °58'38" 915.42 feet to a point on the 33 foot section line easement, said point
being the TRUE POINT OF BEGINNING.
Said described easement contains 5,913 square feet more or Tess.
Exhibit A is attached hereto and made a part of.
Nothing herein shall be construed to permit the Public to park, camp, or store personal
property in the Public Easement, except that day -use parking only is permitted within the
designated parking area.
Grantor is not obligated to maintain, construct, or repair all or any portion of this Public Access
Easement.
Grantor reserves for itself and its successors and assigns, in perpetuity, the exclusive right to:
a) Grant other easements over or through this Public Access Easement;
b) Enter the Public Easement to perform maintenance, construction or repair of
Public Easement at Grantor's risk and expense.
c) Enforce use restrictions and controls which do not unreasonably impede Public
access over and across the Public Easement and which serve to promote public
1
health, safety and welfare. Such restrictions include, but are not limited to:
speed limits; littering and waste disposal; state laws and local ordinances; noise;
fires; firearms; fireworks; alcohol and drug consumption; destruction of
property; and disturbances of the peace.
DATED this day of , 2012.
KENAI LANDING INC.
JONATHAN FAULKNER, PRESIDENT
5011 SPENARD ROAD
ANCHORAGE, AK 99517
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2012, before me the
undersigned, Notary Public in and for the State of Alaska, personally appeared JONATHAN
FAULKNER known to me to be the persons named in the foregoing instrument, and
acknowledged to me that they executed the same freely and voluntarily for the uses and
purposes therein contained.
IN WITNESS HEREOF, I have hereunto set my hand and seal the day and year first
hereinabove written.
Return to
NOTARY PUBLIC, State of Alaska
My Commission Expires:
2
Fact sheet:
Alaska Department of
NATURAL
RESOURCES
VACATION OF SECTION -LINE EASEMENTS UNDER A
LOCAL PLATTING AUTHORITY
Division of Mining, Land and Water• February, 2009
"Vacating" a right -of -way means officially removing it. When a vacation occurs, the access
right merges into the landowner's property right, and the public is no longer entitled to travel
that route. Landowners are sometimes surprised to learn there is a section -line easement
across their property. They want to know how to move the right -of -way, narrow it, or
remove it altogether. Others ask how public access rights can be protected and used. This
fact sheet explains applicable requirements.
What are section -line easements? And what do they have to do with R.S. 2477
rights -of -way? A section -line easement is a public right -of -way, 33, 50, 66, 83 or 100 feet
wide, that runs along a section line of the rectangular survey system. All 33- and 66 -foot-
wide section -line easements were acquired by the state under R.S. 2477, regardless of
whether trails have ever been developed along them. Also, some 50- and 100 - foot -wide
easements along section lines have narrower R.S. 2477 rights -of -way "inside" them. An
R. S. 2477 right -of -way is a type of public easement that the State of Alaska acquired under
long - standing federal law. To learn more about R.S. 2477 rights -of -way, look for DNR's fact
sheet on that topic or visit http: / /dnr.alaska.gov /mlw /trails /rs2477 /index.cfm .
Does every section line have an easement? How can I determine if an easement
exists? Not every section line has an easement. There is a technical procedure for
researching whether or not a section -line easement exists, which depends on land status
during periods when specific laws were in effect. See the editor's note following 11 AAC
51.025 for more information. If land status is complex, a professional land surveyor, title
company or attorney could research the existence of an easement.
I have a section -line easement on my land. I don't want to vacate the easement, just
make it narrower. Narrowing a right -of -way is a partial vacation and still requires an official
process.
Why doesn't the borough platting office handle the vacation? The 1999 legislature
passed a new state law, AS 29.35.090, prohibiting local government from vacating RS 2477
rights -of -way. DNR believes that the local platting authority's role is still very important,
allowing representation of local interests and legal notice to nearby landowners who might
be affected by a vacation. (Unlike tax records kept by a borough, DNR's land status plats
do not show private landholdings.) However, to ensure that a statewide perspective is
taken, only DNR and the Department of Transportation and Public Facilities, or the
legislature itself can make the final decision to vacate an RS 2477 right -of -way. AS
19.30.410.
What if I want to vacate a section -line easement that is not a R.S. 2477? By
regulation, DNR uses the same general process for vacations of all easements managed by
the department, including all section -line easements. 11 AAC 51.065.
What policy rules does DNR use in deciding on a vacation? Because a vacation
means giving up a state -owned access right, DNR cannot approve it unless DNR
determines that the vacation is in the state's interest, and that other access is available that
meets standards set by state laws and regulations. See 11 AAC 65.065. DNR's general
policy is that the replacement access must be equal to or better than the access provided by
the section -line easement. AS 19.30.410 applies to R.S. 2477 vacations:
...(an) agency of the state may not vacate...unless
(1) a reasonably comparable, established alternate right -of-
way or means of access exists that is sufficient to satisfy all present
and reasonably foreseeable uses; [or]
(2) the right -of -way is within a municipality, the municipal
assembly or council has requested the vacation, a reasonable
alternative means of access is available, and the vacation is in the
How does a person apply for a vacation? To apply for a section -line easement vacation,
file a "Petition to Change or Vacate an Easement" (available on request). The petition must
include a map showing the portion of the route proposed for vacation and the alternate
access route. Also, begin the local process by applying to the platting authority (usually this
is the borough).
Are there any application costs? Yes. DNR's application fee is $750, and the petitioner
must pay public notice costs. The platting authority will probably charge fees also.
Will there be any public review? Yes. Before DNR can vacate a right -of -way, people
who may want to use it, now or in the future, must have the opportunity to comment. The
platting authority will probably publish notice locally and hold a hearing. Meantime, DNR will
prepare a formal notice describing the proposal, opening a comment period; and:
1) Publish it in a newspaper of statewide circulation
2) Notify adjacent land owners (or the platting authority may)
3) Post it on the State of Alaska's public notice website
4) Send it to other state agencies such as the Division of Parks and Outdoor
Recreation, the Department of Transportation and Public Facilities, and the
Department of Fish and Game
5) Notify other parties likely to be interested
6) Posting on or near the easement (optional)
Will DNR decide the vacation entirely on its own? No, DNR will base its decision on:
• Public and agency comment DNR received
• In some cases, the results of a field inspection at the petitioner's expense to check the
current existing use and condition of the route proposed for vacation, and the adequacy
of the proposed alternate route
• The recommendation of the platting authority, after its own hearing
• Dept. of Transportation and Public Facilities' consent as the state's transportation
authority
• Dept. of Fish & Game comments
In considering public comment, what factors will DNR look at? The department will not
vacate or change a section -line easement unless it finds that the action is in the state's best
interests and that the replacement access meets the standard of 11 AAC 51.065, after
considering the existing easement and the possible alternate access in terms of underlying
land ownership, land management policies applicable to both routes, current public use
patterns, and practicality of use. See 11 AAC 51.065(e).
What if the replacement route isn't ready for use? The department might grant
"contingent approval" for a vacation. After the petitioner fulfills conditions such as obtaining
an easement or constructing a trail, the vacation will be finalized.
What agency in DNR is responsible for section -line easement vacations, and how can
follow the process? Various DNR personnel will coordinate to gather and review
information on the proposal. DNR's Land Survey Unit staff will receive the petition, prepare
the public notice, consider the comments, and draft the vacation decision, for signature by
the director of the Division of Mining, Land and Water. Regional land management staff will
recommend in writing whether the proposal meets the standard of 11 AAC 51.065 and is in
the state's interest. Anyone may inspect DNR's vacation case file at any stage of this
process. When finished, the file will contain the signed petition, the public notice and
documentation of how it was distributed, the platting authority's conditions of approval or
recommendation for disapproval, written comments received, a field investigation report (if
applicable), and the final decision.
What are the final steps in a vacation? People who commented on the proposal will
receive a copy of the final decision and may appeal it. The vacation will not be finalized until
the conditions of approval have been completed and ownership verified. The vacation of a
section -line easement requires a plat prepared by a land surveyor.
For additional information, contact Department of Natural Resources:
Public Information Center
Division of Mining, Land and Water
Public Information Center
550 W 7 Ave., Suite 1260
Public Information Office
3700 Airport Way
Anchorage, AK 99501 -3557
400 Willoughby Ave., Suite 400
Fairbanks, AK 99709 -4699
(907) 269 -8400
Juneau, AK 99801
(907) 451 -2705
DD: (907) 269 -2259
(907) 465 -3400
the ciyof
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO, PZ12 -02
SECTION LINE EASEMENT
VACATION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat SECTION LINE EASEMENT VACATION PLAT ASSOCIATED
WITH TRACT A, KENAI LANDING COTTAGES SUBDIVISION was referred to the City of
Kenai Planning and Zoning Commission on JANUARY 26, 2012, and received from
INTEGRITY SURVEYS.
WHEREAS, the City of Kenai PIanning and Zoning Commission finds:
1. Plat area is zoned 1H — Heavy Industrial and therefore subject to said zone conditions.
2. Water and sewer: Not Available,
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES SECTION LINE EASEMENT VACATION PLAT
ASSOCIATED WITH TRACT A, KENAI LANDING COTTAGES SUBDIVISION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING ND ZONING OMMISSION OF THE CITY OF KENAI,
ALASKA, FEB ARY 8,
CHAIRPER
ATTEST:
STAFF REPORT
To: Planning & Zoning Commission
Date: January 26, 2012 Res: PZ12 -02
GENERAL INFORMATION
Applicant:
Integrity Surveys, Inc. 262 -5573
43335 Kalifornsky Beach Road, Suite #10
Soldotna, AK 99669
Requested Action: Section Line Easement Vacation Plat Associated with Tract A,
Kenai Landing Cottages Subdivision
Legal Description: Tract A, Kenai Landing Cottages
Subdivision
Street Address: 2101 Bowpicker Lane
KPB Parcel No.: 04901023
Existing Zoning: IH — Heavy Industrial
Land Use: Commercial
Land Use Plan: Industrial
ANALYSIS:
The owner of this property is submitting an application to State of Alaska, Department of
Natural Resources, Division of Mining, Land, and Water to vacate the 66 -foot section
line that runs through this property. Section line vacations must be reviewed and
approved by the local platting authority and the request submitted to the State of Alaska,
Department of Natural Resources. The proposed vacation is shown on the attached
section line easement vacation plat.
The owner proposes to provide an alternate public access via a 50 -foot public access
easement. The City recommends against dedication of a right -of -way which would
require development to City standards and the City would then be responsible for
maintenance.
The plat also dedicates a portion of the 33 -foot section line to provide dedicated access to
the access easement. This is identified as Old Cannery Road. The City has reviewed the
dedication and will not require development of the dedicated portion of the section line
since there is already developed access to the public access easement.
The vacation will eliminate a long - standing problem wherein buildings were built across
the section line. These buildings are part of the original cannery and predate the City's
PZ12-02 Comments
building code requirements.
Page 2
RECOMMENDATIONS:
This plat identifies the proposed section line vacation that transverses the Kenai Landing
property. The plat also dedicates a portion of the section line to provide dedicated access
to the proposed 50 -foot public access easement.
The City of Kenai has reviewed the proposed section line easement vacation and
alternative public access easement with the property owner and surveyor and support the
proposed vacation. Recommend approval with no contingencies.
ATTACHMENTS:
1. Resolution No. PZ12 -02
2. Preliminary Plat
3. Aerial
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6EarlfICATE APPRO.',
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114E STATE 0' ALASKA, ACTMG BY AND 511R01194
THE Coloos90NER C 111E DEPARTMENT OF
NATURAL RESOURCES NO THE G011055CNER OF
IMF DEPARTMENT OF TRANSPORTATION AND PUBLIC
FAOU1E'S. DOR HEREBY STATE AND DECIA E
THAT THE STATE OF ALASKA VACATES AND
RELEASES ALL 80495 AND 111LE TO ANY AND AIL
PCRTION5 C YCRO1 UNE EASEMENTS FOR AMONG
N9HWA05 RESERVED 10 R UNDER AS 1•10.010
(5000910 AREA DEMEANS/ BY OAWRAL
001041NG ON MIS PAT).
APPROVED:
DATE
COMM059OHER
DEPARTMENT C TRAN'5PCRATA1ON AHD PUBLIC
FACILITIES
APPROVE,
DATE
COMMIS90ER
IMPARTMENT C NATURAL RESOURCES
pm" APPROVAL
11115 PUT WAS APPROVED BY THE KENA 0EMN9ULA
BOIOUO1 PANNING COMMISSION AT THE YEE11110 OF
KENAI PENINSULA BOROUGH
OFFICIAL
CERTIFICATE OP OWNERSRIP AND DEDICATION
I THE UN0ER9940. HEREBY RATIFY THAT 10991 LANDING
INCORPORATED, IS 114E OWNER OF WE REAL PROPERTY MOM AND
DESCRIBED 1109311 AND ON BEHALF OF WE KENAI LANCING
INCORPORATED. I IEREBY ADEPT BITS PLAN CF 910311101W AND BY MY
FREE CONSENT CE000ATE ALL R0OI15 -CF -WAY AND GRANT ALL EA9/EHTS
TO THE UM MOINE
STEVE AMT, PREZ/ENT
KENN LANDING. WC
5011 SPENARO Row
SUITE 201
ANCHORAGE, AK 02511
NOTARY'S AC10\'O •` c, ASV+
FOR:
SUBSCRIBED AND SHORN PEEWEE ME NM__
DAY OF 2012
NOTARY PUBLIC FOR ALASKA
MY 60845900 _„_
BE HEREBY 68011FY THAT DIE HATE AN MIRY INTEREST AS
BENEP10AR16 ON 114E REAL PROPERTY SHOW AND DLSCAIBM *EREON
AND THAT KE HREBY ACME/WEDGE DIMS PUN OF 5U6OM9ON
JOHN DEL.ANO, MM PRESIDE! 910 ,F35i*F18, PRE900IIT
NORTHA M BANK WARDS COVE PACKING COMPANY
662.Z1BrALKorartZtpall=
FOR
SUBSCR1ED AND 51KRN BERME ME BITS
DAY OF 2012
NOTARY PUBLIC FOI ALASKA
MY COMMISSION EMNREc
NOTARY 9 ACd7VOWLEDGMENT
FOR:
SUBSCRIBED AND SHORN BEFVRE ME MIS
0AY OF 2012
NOTARY MUG FOR ALASKA
YY *0105901 00605
Plat f
HH1 8ML 220
B.L.
11.4
#DAR &SURVEY 2472 -4?
NAME OF 9JRVEYOR
Wan In 43335 51:RITY 41940 BEAM INC.
SIAM 4110 tKSKr BEACH RD.
D,an9 5ODUTIA AK IN669
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MINING, LAND AND WATER
SECTION LINE EASEMENT VACATION PLAT
ASSOTIAND wNN
TRACT A KENN LIM01NG OUTTAOFS SUBOHSMN
ROM 111E SEI /4 508, T099. RI1W 5. M.,
KENN RECORDING DISTRICT, NASKA
]RAIN 8R 91 APPROVAL RECO904009
]ATE
A..,.5 mI2 b10 RWWG HAIn1.V XM HSgI DATE—
SCALE CHECKED FIE
1' _ 100' 94 21000 9EV...D
JOB N.
210480 TE1D 6K. 0/8 NE "b-B-7/7
•
1. Make a recommendation to decrease the proposed 60 foot ROW extension,
"Planning & Zoning Commission, may, in its discretion by majority vote of its
members, lessen this distance to not less than fifty (50) feet "; or
2. "When minor streets adjoin unsubdivided property, a half street at least thirty
(30) feet in width may be dedicated and whenever subdivided property adjoins a
half street, the remainder of the street shall be dedicated."
The Commission discussed the proposed subdivision and agreed the topography and
wetlands in the area restricted development in the area.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend PZ12 -01, pursuant to staff recommendation
of supporting the less than full dedication of the right -of -way width in accordance with
KMC 14.10.070 and that topography and wetlands restrict any further development.
Commissioner Smith SECONDED the motion.
Kristine Schmidt, 513 Ash Avenue, spoke in opposition of the amendment.
VOTE ON AMENDMENT: PASSED UNANIMOUSLY
VOTE ON MAIN MOTION AS AMENDED: PASSED UNANIMOUSLY
4 -b. PZ12 -02 - Section Line Easement Vacation Plat Associated with Tract A, Kenai
Landing Cottages Subdivision. Plat submitted by Integrity Surveys, 43335
Kalifornsky Beach Road, Suite #10, Soldotna, Alaska.
MOTION:
Commissioner Koester MOVED to approve PZ12-02 and Commissioner Bryson
SECONDED the motion.
City Planner Kebschull reviewed the staff report included in the packet pertaining to
the section line easement vacation and recommended approval with no contingencies.
VOTE: PASSED UNANIMOUSLY
5. PUBLIC HEARINGS - None.
6. UNFINISHED BUSINESS - None.
7. NEW BUSINESS
Planning and Zoning Commission Meeting
February 8, 2012
Page 3 of 5
4
STAFF REPORT
To: Planning & Zoning Commission
Date: March 20, 2012
Res: PZ12 -07
GENERAL INFORMATION
Applicant:
Integrity Surveys, Inc.
43335 K -Beach Road, Suite 10
Soldotna, AK 99669
262 -5573
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Subdivision Plat — Baron Park Subdivision 2012 Replat
A replat of Lot 1A -6 Baron Park Subdivision No. 3 and Lot 1A -5A,
Baron Park Subdivision No. 11
250 & 252 Airport Way
04339018 & 04339044
CG — General Commercial
Vacant
Central Commercial
This plat combines two lots into one larger lot containing approximately 1.11 acres. The
property is located in the General Commercial zone. The new lot exceeds the minimum
lot size for the zone. The properties are located on Airport Way and the Lowe's Access
Road. Airport Way is a maintained road. The parcel is served by City water and sewer.
An installation agreement is not required.
RECOMMENDATIONS
This is a simple plat that combines two properties into one large parcel. The resulting
parcel meets all requirements for the General Commercial zone. The property is served
by City water and sewer. An installation agreement is not required. Recommend
approval.
ATTACHMENTS:
1. Resolution No. PZ12 -07
2. Preliminary Plat
the city o f
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -07
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat BARON PARK SUBDIVISION 2012 REPLAT was referred to the
City of Kenai Planning and Zoning Commission on March 28, 2012 and received from
INTEGRITY SURVEYS, INC.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned CG — General Commercial and therefore subject to said zone conditions.
2. Water and sewer: Are Available.
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES BARON PARK SUBDIVISION 2012 REPLAT
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MARCH 28, 2012.
CHAIRPERSON:
ATTEST:
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LEGEND
Q5 PRIMARY MONUMENT OF RECORD
PER PLAT N0. 97 -100 KRD
• SECONDARY MONUMENT OF RECORD 1/2" REBAR
PER PLAT NO. 97 -100 KRD
0 SECONDARY MONUMENT OF RECORD 1/2" REBAR
PER PLAT NO 83 -33 KRD
( ) RECORD PER BARON PARK SUBDIVISION NO. 3
PLAT N0. 86 -33 KRD
[ ] RECORD PER BARON PARK SUBDIVISION ND. 11
PLAT N0. 97 -100 KRD
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NOTES;
1) DEVELOPMENT OF THESE LOTS IS SUBJECT TO THE
CITY OF KENAI ZONING REGULATIONS.
2) FRONT 10 FEET ADJACENT TO THE RIGHTS —OF —WAY
IS ALSO A UTILITY EASEMENT. NO PERMANENT
STRUCTURE SHALL BE CONSTRUCTED OR PLACED
WITHIN A UTILITY EASEMENT WHICH WOULD
INTERFERE WITH THE ABIUTY OF A UTILITY TO USE
THE EASEMENT.
3) NASTFWATFR wensAi • THESE LOTS ARE SUPPLIED
WITH CITY WATER AND SEWER SERVICES. PLANS
FOR WASTE WATER DISPOSAL, THAT MEET
REGULATORY REQUIREMENTS ARE ON FILE AT THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
Name License A Oate
4) THIS 15 A PAPER PLAT. A FIELD SURVEY WAS NOT
CONDUCTED FOR THIS REPLATDNG ACTION.
CERTIFICATE OF SURVEYOR
I HEREBY CERTIFY THAT; I AM PROPERLY
REGISTERED AND UCENSED TO PRACTICE LAND
SURVEYING IN THE STATE OF ALASKA, THIS PLAT
REPRESENTS A SURVEY MADE BY ME OR UNDER MY
DIRECT SUPERVISION, THE MONUMENTS SHOWN
HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL
DIMENSIONS A140 OTHER DETAILS ARE CORRECT TO
THE DIMENSIONS AND OTHER DETAILS ARE CORRECT
TO THE NORMAL STANDARDS OF PRACTICE OF LAND
SURVEYORS IN THE STATE OF ALASKA.
Plat 1
Rec. Dist.
Date
Time
20
CERTIFICATE OF OWNERSHIP AND DEDICATION
I, THE UNDERSIGNED, HEREBY CERTIFY THAT STANLEY AND
SONS LLC., IS THE OWNER OF THE REAL PROPERLY SHOWN
AND DESCRIBED HEREON AND ON BEHALF OF THE STANLEY
AND SONS LLC., I HEREBY ADOPT MIS PLAN OF SUBDIVISION
AND BY MY FREE CONSENT DEDICATE ALL RIGHTS —OF —WAY
AND GRANT ALL EASEMENTS TO THE USE SHOWN.
STANLEY AND SONS LLC.
4707 SPENARD RD
ANCHORAGE, AK 99517
NOTARY' S ACKNOWLEDGMENT
FOR:
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF 2012
NOTARY PUBLIC FOR ALASKA
MY COMMISSION EXPIRES
PLAT APPROVAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION AT THE MEETING OF
KENAI PENINSULA BOROUGH
AUTHORIZED OFFICIAL
KPB FILE No.
BARON PARK SUBDIVISION
2012 REPEAT
A SUBDIVISION OF LOTS 1A -6 BARON PARK SD N0.3 AND
1A -5A BARON PARK SD N0.11.
LOCATED WITHIN THE SE1 /4 SE1 /4 SECTION 32, SW 1/4 SW
1/4 SECTION 33. TBN. R11W, SEWARD MERIDIAN, CITY OF
KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA
BOROUGH, ALASKA
CONTAINING 1.113 ACRES
INTEGRITY SURVEYS INC.
43335 K —BEACH RD. SUITE 10 SOLDOTNA, AK 99669
SURVEYORS
PH01E - (907 202 -5573
PAX -- (907 ) 262 -5574
099/UnteryR)eaortcnot
PLANNERS
JOB Net 212011
DRAW: 21 Barak 2012 Si
SURVEYED: N/A
SCALE 1' ■50•
REED BK: N/A
RLE: 212010 PP.aeq
1 B -3
_owes Ac
•
\\ #heulye?, /
KENAI, ALASKA
'Villa e with a Past, C
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 111111,
1992
MEMO:
_
with a Futav i
TO: Planning & Zoning Commission
FROM:
DATE: March 19, 2012
SUBJECT: Application for Lease Renewal — Russell G. Winger
Lot 3, Block 4, General Aviation Apron — KPB Parcel No. 043 - 240 -12
Marilyn Kebschull, Planning Administration
The City has received an application from Russell G. Winger requesting renewal of the lease for
the above - referenced property. The application has been reviewed by the Lands Manager,
Airport Manager, and me and found to conform to the requirements for leases within the airport
reserve. The Lands Manager is recommending the approval be granted to 2015 which will
amend the lease cycle from the usual five years to three years.
Attached for your review is the application and staff reviews conducted for the lease renewal.
Does the Commission recommend the City proceed with the lease renewal for Lot 3, Block
4, General Aviation Apron with Russell G. Winger dba Aero Maintenance?
the.cit f
KENAI, ALASKA
MEMO:
'Village with a Past, Gi with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenal.ak.us
TO: Marilyn Kebschull, City Planner
Mary Bondurant, Airport Manager
ROM: Rick Koch, City Manager
1)4DATE: March 16, 2012
SUBJECT: Application for Lease Renewal
Lot 3, Block 4, General Aviation Apron, KPB Parcel No. 043- 240 -12
Kenai
The purpose of this memo is to request that the above - referenced application be scheduled for
the next meeting of the Airport and Planning and Zoning Commissions for review and
comment together with the attached recommendations for approval.
Attachments
cc: Christine Cunningham, Assistant to City Manager
KENAI, ALASKA
MEMO:
Wage with a Past, Ci with a Frztptre"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: March 16, 2012
Kenai
lop
2011
SUBJECT: Application for Lease Renewal
Lot 3, Block 4, General Aviation Apron, KPB Parcel No. 043 - 240 -12
Russell Winger, who operates Aero Maintenance, has leased the referenced property located
inside the Airport Reserve for "aircraft storage and maintenance" since the Lease was
assigned on April 1, 2003. The term will expire on June 30, 2012. Mr. Winger has provided the
attached application for a ten -year renewal of his lease.
The lease application has been reviewed for completeness and conformance with Title 21.
Since the application does not include a proposal to construct new improvements on the
premises, or a proposal to add, delete, or alter a business authorized under the lease, the
maximum term of the lease allowed under the City's Code is five years. Mr. Winger has paid
the filing fee and is current with the both the City and the Borough.
The application has been reviewed by the Airport Manager for conformance with the Airport
Land Use Plan, Airport Layout Plan, Airport Master Plan, FAA regulations, AIP grant
assurances, and airport operations, and the City Planner for conformance with the Airport
Land Use Plan, Comprehensive Plan, municipal zoning, and future airport improvement
projects.
The joint recommendation of the Airport Manager, City Planner and myself, as Lands Manager
is that the City enter into a new lease using the current lease form approved by Council,
establish rent using the latest Airport Reserve Zone -Based Appraisal, prepared by Derry &
Associates on April 10, 2010, and amend the lease renegotiation cycle in the lease so that the
first renegotiation of rent would take place in 2015 rather than 2017 —the year in which the
proposed lease term would expire.
If you agree with this recommendation, the application can be referred to the Airport
Commission and the Planning and Zoning Commission at their next scheduled meetings.
Attachments
ena i
Municipal Airport
MEMO
To:
From:
Date:
«Se Orra Br Kenai Penivuraite
305 N. WILLOW ST. SUM 200 KE AI, ALASKA 99611
TE.EPHONE 907,283 -51
FAX 907-283-3737
t> 1',neived
R�iQH 5 6 2052
Christine Cunningham - Assistant to City Manager
Mary Bondurant - Airport Man
March 14, 2012
4eirranist�
Subject: Lease Application - Russell G. Winger, Lot 3, Block 4, General
Aviation Apron - KPB Parcel No. 043 - 240 -12 No. 1 Subdivision
I have reviewed the above lease application in accordance with KMC 21.10.070
and the proposed development appears to meet all requirements.
✓ Airport Land Use Plan: FAA approved ALP 7/9/2009 shows:
Sheet 13 of 16 Existing Land Use & Zoning - designates land use as
Commercial -Light Industrial
A lease lot inspection was conducted on October 13, 2010 with no findings
or action noted.
Sheet 14 of 16 Future Land Use Drawing - designates land use as
General Aviation & Light Commercial.
The proposed use is "aircraft maintenance, manufacturing, repair, and
storage."
✓ Airport Layout Plan: The proposed facility complies with approved ALP
dated July 9, 2009. Lease document should ensure compliance with the
50' building restriction line (BRL).
✓ Airport Master Plan: Designates the land as Commercial Aviation /Air
Cargo. Meets the requirements for KMC 14.20.130 Light Industrial Zone.
✓ FAA Regulations: Appears to meet FAA regulations.
✓ AIP Grant Assurances: No conflict appears.
✓ Airport Operations: No conflict appears.
The proposed development appears to meet all requirements of the Airport Land
Use Plan, Airport Layout Plan, Airport Master Plan, FAA Regulations, AIP Grant
Assurances, and Airport Operations.
I recommend approval of the lease renewal with the additional terms
recommended in the Assistant to City Manager's memo dated March 6, 2012. If
directed by City Manager, this application can be reviewed by the Airport
Commission at the April 12, 2012 meeting
KEN,AIALASKA
"Villa, with a Past, Gi with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014
K U
G
r:;
Received
MEMO:
TO: Christine Cunningham, Assistant to the City M ger
FROM: Marilyn Kebschull, Planning Administration
DATE: March 7, 2012
SUBJECT: Application for Lease Renewal — Russell G. Winger
Lot 3, Block 4, General Aviation Apron — KPB Parcel No. 043 - 240 -12
I have reviewed the proposed lease application as required in KMC 21.10.070 (3). The applicant
is the existing tenant of this property and is applying to renew the lease for a ten -year period.
This property is located at 170 Granite Point Court and is located in the Airport Reserve. The
following information addresses the renewal:
//
1992
This property is located at 170 Granite Point Court and is located in the Airport Reserve.
➢ Airport Land Use Plan — The ALP was approved in July, 2009. On sheet 13 of the plan,
the property is identified as Aviation Related Activities. Sheet 14 of the approved ALP,
identifies the parcel as General Aviation and Light Commercial. The Supplemental Plan
defines General Aviation/Light Commercial as, "Areas used by general aviation and light
commercial aviation activities requiring taxiway access to the paved runway. Uses shall
be restricted to aircraft meeting taxiway pavement strength limitations and taxilane and
taxilane object free area width standards defined in FAA Advisory Circular 150/5300-
13."
The applicant describes the use as, "aircraft maintenance, manufacturing, repair, and
storage." Based on this description, the uses conform to the ALP.
➢ Comprehensive Plan — The City of Kenai Comprehensive Land Use Plan identifies this
area as Airport Industrial. The Airport Industrial area is defined as, "The Airport
Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its
future expansion, and tracts needed for present and future aviation - related uses and
activities.
The uses conform to the Comprehensive Plan.
Application for Lease Renewal — Russell G. Winger
Lot 3, Block 4, General Aviation Apron — KPB Parcel No. 043 - 240 -12
Page 2
➢ Zoning —The property is zoned IL — Light Industrial. Warehouses and Airports and
related uses are permitted within the zone.
Based on the information provided in the lease renewal application, the lease conforms to the
ALP, Comprehensive Plan, and Zoning.
cc: Mary Bondurant, Airport Manager
Afloat
KENAI, ALASKA
Nom/
MEMO:
"Vllaye with a Past, Gi with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283K3014
enai
www.ci.kenai.ak.us blind
'Illy'
2011
TO: Mary Bondurant, Airport Manager
Marilyn Kebschull, City Planner
FROM: Christine Cunningham, Assistant to City Manager
1"
DATE: March 6, 2012
SUBJECT: Application for Lease Renewal
Lot 3, Block 4, General Aviation Apron, KPB Parcel No. 043- 240 -12
Russell Winger has leased the referenced property located inside the Airport Reserve for "aircraft
storage and maintenance" since the Lease was assigned on April 1, 2003. The term will expire on
June 30, 2012. Mr. Winger has provided the attached application for a ten -year renewal of his
lease.
The lease application has been reviewed for completeness and conformance with Title 21. Since
the application does not include a proposal to construct new improvements on the premises, or a
proposal to add, delete, or alter a business authorized under the lease, the maximum term of the
lease allowed under the City's Code is five years. Mr. Winger has paid the filing fee and is current
with the both the City and the Borough.
My recommendation is that the City enter into a new lease using the current lease form approved
by Council, establish rent using the latest Airport Reserve Zone -Based Appraisal, prepared by
Derry & Associates on April 10, 2010, and amend the lease renegotiation cycle in the lease so that
the first renegotiation of rent would take place in 2015 rather than 2017 —the year in which the
proposed lease term would expire.
The Code requires that the application be reviewed by the Airport Manager for conformance with
the Airport Land Use Plan, Airport Layout Plan, Airport Master Plan, FAA regulations, AIP grant
assurances, and airport operations, and the City Planner for conformance with the Airport Land
Use Plan, Comprehensive Plan, municipal zoning, and future airport improvement projects.
Please review the attached application and return your recommendations to me to present to the
City Manager a joint recommendation for action on the application.
Attachments
cc: Rick Koch, City Manager
CITY OF KENAI
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
(907) 283 -7535 Ext. 223
LEASE APPLICATION
For Land Inside the Kenai Municipal Airport Reserve
1. Name of Applicant �„ s G , W, . q�✓
FOR CITY USE ONLY
Date .Z
Signature /1).:1?
2. Business Name 1 � r,-i- .9- %144A-s -;
3. Business Type (circle one) oie proprietor�y rtnership corporation L.L.C. 4. AK Business License No.
5. Mailing Address /. c) , $ 3 Sr — ,So `C /A•••�J 6X- ?r
6. Telephone 9o) — f )-- G 31 r 7. Email Address ,- a_ 2va • ti` � 4
8. Kenai Peninsula Borough Sales Tax No. (if applicable) 013 2-1-0- I 2
9. Land Requested: If platted, give legal description "" f3 LOCK 4j G A-A
If not platted, attach a site plan showing the proposed dimensions and location on the Airport.
10. Proposed Use of the Property (Be specific) ,4 , y G , .-A.1g An. "A/
c /° 11. Lease Term Desired 1 U years
12. If you plan to base or service aircraft on the property, give
a. Make, type, & wingspan of the largest aircraft ,j 5 ke y,y ,1
b. Total number of aircraft you expect to be based or serviced on the property at one time e 0
13. If you plan to construct improvements or otherwise develop the property:
a. Attach a Development Plan (see attached checklist)
b. Describe the building type, construction materials, size, etc. 9 6 )( 36 A.-4,,1.-
n- .Q. a 1 l Tie t ..,. v d -- er✓/s- ►r
c. Construction beginning date
d. Construction completion date (maximum of two years)
e. Estimated total cost of the proposed development & improvements $
it
ref
14. If you plan to operate a business on the property, attach a business plan (See application instructions).
15. If you would like the City to consider any additional information relating to your proposal, please put it in writing and
submit it with this application.
APPLICANT'S SIGNATURE:
Printed name: 12 a,�-� 1/
APPLICANT'S SIGNATURE:
Printed name:
G . LA)
Date: J
Title: 4
Page 1 of 3
Title:
Date:
�a.
ACTION AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 21, 2012
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
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;
thirty (30) minutes aggregated)
*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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10)
minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
1. AMENDED & APPROVED. Resolution No. 2012 -18 - Amending its
Comprehensive Schedule of Rates, Charges, and Fees "Parks and
Recreation Fees" to Include a Senior Discount for Boat Launch and
Parking Fees at the City Dock.
2. APPROVED. Resolution No. 2012 -19 - Awarding a Contract to DBR
Construction, Inc. for the Project Entitled Kenai Vintage Pointe Sprinkler
Damage Repair 2012 for the Total Amount of $30,993.
3. APPROVED. Resolution No. 2012 -20 - Authorizing a Budget Transfer
within the General Fund - for the Purchase of a Wide - Format Scanner.
4. APPROVED. Ordinance No. 2610 -2012 - Amending Kenai Municipal
Code 14.22.010, "Land Use Table," to Allow Bed and Breakfast in the
Recreation Zone (R) as a Permitted Use instead of Requiring a
Conditional Use Permit.
City of Kenai Council Meeting Agenda Page 1 of 4
March 21, 2012
5. APPROVED. Ordinance No. 2611 -2012 - Amending Section 14.20.150,
"Conditional Use Permits," to Expand the Authority of the Planning &
Zoning Commission to Consider Requests for Extensions of Permits in
Situations Where the Conditional Use Permit has Lapsed or Expired Due
to Non -Use; to Extend the Time for Extensions from 6 Months to up to
One (1) Year Each; and, to Provide an Express Appeal Process.
6. APPROVED. Ordinance No. 2612 -2012 - Amending Section 14.20.145,
"Recreation Zone (R)," to Incorporate Changes to the Land Use Table
(KMC 14.22.010) Regarding this Zoning District for Purposes of
Consistency and to Make Format Changes for Purposes of Uniformity
within the Kenai Zoning Code, KMC 14.20.
7. APPROVED. Ordinance No. 2613 -2012 - Amending Kenai Municipal
Code Section 1.25.020, "Duties," to Include the City Clerk as
Parliamentarian to the City.
8. APPROVED. Ordinance No. 2614 -2012 - Amending Kenai Municipal
Code Sections 1.15.120, "Rules of Order" and 1.90.050, "Proceedings," to
Adopt Robert's Rules of Order Newly Revised, 1 lth Edition, as the Rules
of Parliamentary Procedure for the City Council and for City Boards,
Commissions, and Committees.
9. APPROVED. Ordinance No. 2615 -2012 - Increasing Estimated
Revenues and Appropriations in the General Fund and Congregate
Housing Enterprise Fund for Insurance Proceeds and Federal /State
Emergency Management Funds for the Repair of City Facilities Damaged
During the Severe Winter Storm on November 16, 2011.
10. APPROVED. Ordinance No. 2616 -2012 - Increasing Estimated
Revenues and Appropriations in the Airport and Airport Improvement
Capital Project Fund for the Obstruction Tree Removal Project.
11. FAILED. Ordinance No. 2617 -2012 - Amending Kenai Municipal Code
Section 23.25.060, "Overtime," to Clarify the Overtime Rate Paid to
Temporary Employees and Making Technical Corrections.
12. APPROVED. Ordinance No. 2618 -2012 - Increasing Estimated
Revenues and Appropriations by $31,000 in the General Fund for the
Police Department to Purchase a Ford F -150 and Accompanying Police
Accessories from Insurance Proceeds to be Received from the At Fault
Driver's Coverage.
13.APPROVED BY CONSENT AGENDA. *Approval of Liquor License
Renewals
• Matson Winery & Supply (License # 4676)
• George's Casino Bar (License #204)
City of Kenai Council Meeting Agenda Page 2 of 4
March 21, 2012
E. MINUTES
1. APPROVED BY CONSENT AGENDA. *Work Session Notes of February 15,
2012
2. APPROVED BY CONSENT AGENDA. *Work Session Notes of February 21,
2012
3. APPROVED BY CONSENT AGENDA. *Regular Meeting of March 7, 2012
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED. Action /Approval - Bills to be Ratified
2. APPROVED. Action /Approval - Purchase Orders Exceeding $15,000
3. APPROVED. Action / Approval - Assignment of the Salamatof
Seafoods, Inc. Lease of Dock Facility and Adjoining Lands.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING - APRIL 4,
2012. *Ordinance 2619 -2012 - Decreasing Estimated Revenues and
Appropriations in the Streets, Water, and Sewer Capital Project Fund
and Increasing Estimated Revenues and Appropriations in the City Shop
Capital Project Fund for the Schematic Design of a New City Shop
Utilizing Grant Funds from the State of Alaska for the Project.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING - APRIL 4,
2012. *Ordinance 2620 -2012 - Increasing Estimated Revenues and
Appropriations by $2,000.64 in the General Fund for Grant Funds to
Provide Police Training to Prevent Internet Crimes Against Children
(ICAC).
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING - APRIL 4,
2012. *Ordinance 2621 -2012 - Increasing Estimated Revenues and
Appropriations by $2,155.98 in the General Fund for the Police
Department to Purchase Equipment Utilizing Asset Forfeiture Funds
Provided to the City of Kenai.
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
City of Kenai Council Meeting Agenda Page 3 of 4
March 21, 2012
L REPORT OF THE MAYOR
COUNCIL APPROVED AN EXPENDITURE OF $4,000 FOR THE
VOLUNTEER APPRECIATION DINNER.
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five
speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
(5)
minutes per
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, 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 - 8:39 P.M.
****************************************************** * * * * * ** * * * * * * * * * * ** * * * *** * * * * **
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Budget Transfer in Capital Projects in Excess of $5,000 - None
3. Correspondence Regarding a Proposed Rezone of Angler Drive Submitted
by Jim Richards.
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the
City Clerk's Office or outside the Council Chamber prior to the meeting. For
additional information, please contact the City Clerk's Office at 907- 283 -7535 ext
231.
City of Kenai Council Meeting Agenda Page 4 of 4
March 21, 2012
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
VACANT
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
March 26, 2012 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
�Ib
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered
routine and non - controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Request
a. Hesketh Island Adventure Kleine -Olsen Addition No. 2
KPB File 2005 -269; Imhoff /Klein
Location: Hesketh Island in Kachemak Bay
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval - None
*4. Plats Granted Final Approval (20.04.070) - None
*5. Plat Amendment Request - None
*6. Commissioner Excused Absences
*7.
a. Joanne Collins, Anchor Point / Ninilchik
b. Cindy Ecklund, City of Seward
c. Sandra Holsten, East Peninsula
d. Vacant, City of Soldotna
Minutes
a. March 12, 2012 Plat Committee Minutes
b. March 12, 2012 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
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2014
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
F. PUBLIC HEARINGS
1. Vacate the west 3 -feet of the 33 -foot Waxwing Way right -of -way adjacent to
Tract 1, Veil O'Mist Subdivision No. 3 dedicated by (Plat KN 74 -66); within
Section 6, Township 5 North, Range 8 West, Seward Meridian, Alaska and
within the Kenai Peninsula Borough. AND Vacate the west 3 -feet of the 33-
foot section line easement underlying the above proposed right -of -way
vacation adjacent to Tract 1 of Veil O'Mist Subdivision No. 3 (Plat KN 74 -66);
all within Section 5, Township 5 North, Range 8 West, S. M., Alaska; and
within the Kenai Peninsula Borough. KPB Files 2012 -023 & 2012 -024.
Petitioners: Michael and Melissa Daugherty of Sterling, Alaska. Location:
On Waxwing Way in Sterling
2. Vacate Brant Drive, a 25 -foot public right -of -way easement within Tract A-
100-E1, as recorded within Book 17 Page 256 Homer Recording District;
also shown on Brant Subdivision (Plat HM 81 -14); within Section 2, Township
6 South, Range 14 West, Seward Meridian, Alaska and within the Kenai
Peninsula Borough. KPB File 2012 -029. Note: Alternate access will be
dedicated; the resultant vacation /dedication actions will be as shown
on the submittal drawing. Petitioners: Jennifer A. Stroyeck for the Homer
Bookstore, Inc., Susan R. Post and Eugene Levine. Location: Off Diamond
Ridge Road in Homer
3. Resolution 2012- ; A Resolution authorizing the Borough, on behalf of
the South Kenai Peninsula Hospital Service Area, to enter into three lease
agreements for medical office space located in Homer, Alaska, and
authorizing an amendment to the sublease and operating agreement with
South Peninsula Hospital, Inc to include these leases.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS- None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 3 preliminary plats.
K. OTHER /NEW BUSINESS
1. New Plat Committee — April, May, June 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 Kenai Planning & Zoning Commission Meeting Minutes
- February 22, 2012
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April 9,
2012 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
April 3, 2012
April 17, 2012
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
April 4, 2012
May 2, 2012
6:00 m.
p
Hope / Sunrise
Hope
Social Hall
April 5, 2012
May 3, 2012
7 :00 m.
p'
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: planningc borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
3
MEMBERS:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2012
Mari Anne Gross
Southwest Borough
Term Expires 2014
Sandra Holsten
East Peninsula
Term Expires 2013
James Isham
Sterling
Term Expires 2012
Robert Ruffner
Kasilof / Clam Gulch
Term Expires 2012
ALTERNATES:
Harry Lockwood
Ridgeway
Term Expires 2013
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
7:00 p.m. March 26, 2012
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
a. Sandra Holsten, East Peninsula
3. Minutes
a. March 12, 2012 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. Country View Sub 2012 Addition
KPB File 2012 -027 [Imhoff /Levine, Post, Armstrong, Stroyeck]
Location: On Diamond Ridge Road in Homer
K -Bay APC
2. Inlet Breeze Sub Nelson Addition
KPB File 2012 -030 [SurveyMax/Nelson]
Location: On Miller Loop Road in Nikiski
3. Lake Vista Estates 2012 Replat
KPB File 2012 -034 [Whitford /Lake Vista #1LLC]
Location: On Lake Vista Drive in Nikiski
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, April 9, 2012 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: planning(a7borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept