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HomeMy WebLinkAbout2012-05-09 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 9, 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 *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 25, 2012 b. April 25, 2012 Work Session Summary (Information Only) 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ 12 -10 — An application for a variance for a roof sign for the property known as Lot 1A, Block 1 Deshka Subdivision (419B Frontage Road). Application submitted by Amy Jackman dba C Cups Coffee, P.O. Box 477, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 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. Agenda May 9, 2012 Page 2 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: a. Cook Inlet Natural Gas Storage, LLC, letter to Alaska Department of Natural Resources dated April 20, 2012 — 2nd Status Report Submittal 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 23, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 25, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:30 p.m. (Delay due to technical difficulties with the sound system.) 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. 1 -c. MOTION: Agenda Approval Chair J. Twait, C. Smith, P. Bryson, J. Rowell, H. Knackstedt, K. Koester, K. Peterson None City Planner M. Kebschull, Council Member B. Gabriel, Deputy City Clerk C. Hall Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- April 11, 2012 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. TEM 4: CONSIDERATION OF PLATS 4 -a. PZ12 -11 - McLennan Estates - A subdivision of the W1 /2 NW1 /4 SW1/4 NE 1 /4 lying South of the Kenai Spur Highway and the NW 1 /4 SW1/4 SW1/4 NE 1 / 4 Section 34 T6N, R 11 W, Seward Meridian. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ 12 -11 and Commissioner Rowell SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. There were no public comments. Bryson asked if there was a 25 foot setback. Kebschull replied yes. VOTE: MOTION PASSED UNANIMOUSLY. 4 -b. PZ12 -12 - Windhaven Estates, Tapley Addition - A subdivision of portion of Tract 1 -A Parsons Homestead Subdivision No. 3 (Plat No. 89- 52KRD) lying Northeast of Windhaven Estates Phase 1 (Plat No. 98 -26 KRD) and Lot 13 Inlet Woods Subdivision Part One (Plat No. 84 -279 KRD). Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Koester MOVED to approve PZ 12 -12 and Commissioner Smith SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting two parcels would be subdivided to create three parcels and recommending approval with no contingencies. PLANNING AND ZONING COMMISSION MEETING APRIL 25, 2012 PAGE 2 There were no public comments. Peterson noted there had been a subdivision in Fairbanks that had resulted in legal action and wanted to know if this subdivision was similar to that case. Kebschull advised there was no right -of -way dedication so there should be no legal issues. VOTE: MOTION PASSED UNANIMOUSLY. 4 -c. PZ12 -13 - Original Townsite of Kenai - Smith Replat - A resubdivision of Lots 13 and 14, Block 5, U.S. Survey 2970. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. Smith reported the property belonged to him and recused himself from the discussion and vote. MOTION: Commissioner Knackstedt MOVED to approve PZ12 -13 and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the subdivision would combine lots into one parcel and recommending approval with no contingencies. 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 (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 PLANNING AND ZONING COMMISSION MEETING APRIL 25, 2012 PAGE 3 in this work product during the Comprehensive Plan Process.) ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the April 18 Council meeting and the April 23 Budget Work Session. 9 -b. Borough Planning -- Commissioner Bryson reviewed the April 23 Borough Planning Commission meeting. 9 -c. Administration -- Kebschull reported she was working on the Comprehensive Plan and the Airport Master Plan. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue -- noted her protest of the new procedure that did not allow the public to participate in the Comprehensive Plan work sessions. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 9, 2012 No commissioners requested an excused absence from the May 9 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 14: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:54 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 25, 2012 PAGE 4 • b WORK SESSION SUMMARY CITY OF KENAI PLANNING & ZONING COMMISSION WORK SESSION April 25, 2012 6 — 7 p.m. & continue after the regular meeting. Work session will adjourn no later than 9 p.m. 1. Call to Order Chair Twait called the work session to order at approximately 6:00 p.m. 2. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, C. Smith, P. Bryson, J. Rowell, H. Knackstedt, K. Koester, K. Peterson Commissioners absent: None Staff /Council Liaison present: City Planner M. Kebschull, Council Member B. Gabriel, Deputy City Clerk C. Hall 3. Approval of Agenda Agenda was approved as submitted. City Planner Kebschull explained procedure that would be followed for work sessions. This policy was adopted at the direction of Council. 4. *Public Participation — Angler Acres Rezone • Jim Richardson —1015 Angler Drive. Mr. Richardson addressed the Commission and spoke against rezoning the area. • Greg Andersen —1110 Angler Drive. Mr. Andersen addressed the Commission and spoke against rezoning the area. 5. Commission Discussion: Angler Acres Rezone Commission discussed the information in the work session packet and the comments presented by Mr. Richardson and Mr. Andersen. The Commission agreed, by consensus, to postpone consideration of sponsoring rezoning the area until completion of the Comprehensive Plan. 6. *Public Participation - Background Report for the Comprehensive Plan • Kristine Schmidt — 513 Ash. Ms. Schmidt spoke against the policy that limits public participation to a specific time in the agenda. 7. Commission Discussion: Background Report for the Comprehensive Plan The Commission reviewed and made changes to the following sections: Work Session Summary April 25, 2012 Page 2 • 4.5.3 — Kenai Municipal Airport. Additional changes will be made with Commissioner Knackstedt's help. Staff will review the information from the economic study that was completed with the 2007 Airport Master Plan and include data into the document. • 4.5.5 — Senior Citizen Facilities and Services. Ask Director Craig to review information and include additional information about funding and programs offered through the Center. • 4.5.6 — Kenai Community Library. Made minor changes to remove redundancy. Verify the number of employees. Changes were made in the FY13 budget. • 4.5.7 — Other Services. Several changes. Verify name of the Visitor Center and Chamber. Clarify if there is still a lease with the Chamber for the land/building. • 4.6 — City of Kenai Finances. Update information to the most current before printing final document. (4.6.2) • 4.7 — Forecast of Economy, Population and Housing Demand. Consultants need to update data. Start at Table 12 at the next work session. 8. Adjournment Work session adjourned at approximately 9 p.m. Notes taken by City Planner Kebschull 5a.. STAFF REPORT To: Planning & Zoning Commission Date: April 9, 2012 Res: PZ12 -10 GENERAL INFORMATION Applicant: Amy Jackman dba C Cups Coffee P.O. Box 477 Kenai, AK 99611 398 -4326 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance — Roof Sign Lot 1A, Block 1 Deshka Subdivision 419B Frontage Road 04705501 CMU — Central Mixed Use Commercial Mixed Use General Information: This is an application for a variance for a roof sign for the C Cups Coffee cart located on a portion of the above - referenced property. This property is located in the Central Mixed Use zone which prohibits roof signs (KMC14.20.220 (3) (D)). The sign code provides for relief through the variance process (KMC 14.20.220(a)(9). The applicant has provided a detailed explanation of the requested variance. As is stated by Ms. Jackman, the applicant hired a sign company to design and install the sign. As part of that contract, the sign company was supposed to obtain all necessary permits for the sign. On the day of installation, the City was approached by the sign company to obtain the permit. The permit could not be issued because of the restriction against roof signs in the Central Mixed Use zone. The sign company believed the application would be a simple process as is the norm for signs in the commercial zones. However, this property is in an area that was rezoned in August 2007 when the City rezoned a large part of the downtown area from General Commercial to Central Mixed Use. As the City and the business owner later found out, the sign had already been installed without the necessary sign permit. PZ 12 -10 Comments Page 2 Attached are photographs of the sign. These photographs provide a visual of the sign on the business and the impact of the signage in the area. The Building Official confirms the sign is 24 square feet, attached to the roof, and at the highest point is approximately 19 -feet from the ground. The size of the sign and height meet the requirements for a sign in the Central Mixed Use zone. KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. This coffee cart is located off the main highway along Frontage Road. This property was rezoned in 2007. Prior to the rezone, roof signs were permitted, and the sign would have met the requirements for the zone. The surrounding area was developed prior to the rezone. There are multiple freestanding signs that are higher than the C Cups sign. There are no other similar businesses in the area. Staff finds that the sign meets the size requirements for the zone, is placed so it is not obtrusive, and does not stand out from other signs in the area. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The applicant was unaware of the sign restriction in the zone and had hired a sign company to design and install the sign including obtaining the necessary City permits. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The variance requested does not authorize a use that is not a permitted principal use in the zoning district. This is a request to relax a development requirement for a roof sign. Staff finds this requirement is met. 4. The granting of a variance shall be the minimum variance that will PZ12 -10 Comments Page 3 provide for the reasonable use of the land and /or structure. The sign is approximately 24 square feet and is a reasonable size for the area. Staff finds this standard is met. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The requested variance is not based on other non - conforming land uses or structures in the same zoning district. Building Official: There are no building codes issues. When zoning requirements are satisfied, a sign permit will be issued. RECOMMENDATIONS This is a request for a sign variance for a roof sign. The applicant was not aware that roof signs were prohibited in the Central Mixed Use zone and had hired a signage business to design and install the sign. This property is located off the main highway. Because of the size and location of the sign, it appears that the variance is reasonable. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ12 -10 2. Application 3. Photographs the city of KENAALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ12 -10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Amy Jackman dba C Cups Coffee ADDRESS: 407B Frontage Road, Kenai, Alaska LEGAL: Lot 1A, Block 1 Deshka Subdivision PARCEL NO: 04705501 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on April 3, 2012 2. That this request is located on land zoned CMU — Central Mixed Use 3. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (3 (D) — Roof Sign 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and /or structure. e. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on May 9, 2012. 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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 9. 2012. CHAIRPERSON: ATTEST: 214 2p, 4 1 N 10 TR. 1 FIDALGO COMMERCIAL CENTER ELKS REPEAT 9 � 7 Subject Parcel UNSUBDIVIDED REMAINDER tNY FRONTAGE RD FAA TRACT SENIOR CT 361 381 UNSUBDIVIDED REMAINDER SPUR SUBD. SENIOR CITIZEN ADDN. RYAN'S CREEK REPLAT 513 I -A 511 6 -A AINDER OF V'T. LOT 7 509 4 3 5os 2 ;5) 03 1 UNSUBDIVIDED REMAINDER kicLu 9T ltjye with a past, Ci with a Future" �' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 imp www.ci.kenai.ak.us APPLICATION FOR AN VARIANCE PERMIT KMC 14.20.180 • 1992 OWNER PETITIONER REPRESENTATIVE OF ANY Name: P iv ,:161._ ['_ -i°�'1 tan Name: Site Street Address: 1 j e Mailing Addre s: P O . 1150X. 0.--f- Mailing Address: , _ oL IA 1 f3 1 0 be s h1(a. 5D Variance Requested For: (Describe the project, and use additional sheets if necessary) `e.'€ M-ca,2 C-) Zoning: C L� Acreage: Phone Number: °ic 1- 3'iS 4321k, Phone Number: Fax Number: Fax Number: Email: a \,sCkL1Lor1 n 01 p.c.\01C , c -rx Email: PROPERTY INFORMATION Property Tax ID #: 04 ***/ 0 35D Site Street Address: 1 j e Fro (I -j . - — k' ti ou 4K 9% (/ Current Legal Description: , _ oL IA 1 f3 1 0 be s h1(a. 5D Variance Requested For: (Describe the project, and use additional sheets if necessary) `e.'€ M-ca,2 C-) Zoning: C L� Acreage: \ . (, to DOCUMENTATION Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage Plans must show location/elevation of all existing and proposed buildings or alterations $125 Fee (plus applicable sales tax) AUTHORITY TO APPLY FOR A VARIANCE: 1 hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a variance permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the variance. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are inn authorized to access the above - referenced property for the purpose of processing this application. Date: ti 6 - I L Signature: Representati 8/9/2011 (Val+ i A,ti s must provide written proof of authorization Page 1 of 4 3 ?012 VARIANCE PERMIT (KMC 14.20.180) Section 14.20.180 of the Kenai Municipal code outlines regulations for a variance permit. A var' : nce permit is the relaxation of the development requirements of this chapter to provide relief whe ' the literal enforcement would deprive a property owner of the reasonable use of his real prope . YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUT . NED IN KMC 14.20.180 BELOW. VARIANCE STANDARD (KMC 14.20.180) The Planning and Zoning Commission shall establish a finding that all the condi 'ins (c)(1) through (c)(5) of this section have been found to exist as a prerequisite to issuance of a v riance permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. Special conditions or circumstances are present which are pecu ar to the land or structures involved which are not applicable to other land or structures i the same land use or zoning district; 2.The special conditions or circumstances ave not been caused by actions of the applicant and such conditions and circumstances do of merely constitute pecuniary hardship or inconvenience; 3. The granting of th variance shall not authorize a use that is not a permitted principal use in the zoning distri in which the property is located; 8/9/2011 Page 2 of 4 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure; 5.The granting of a variance shall not be based upon other nonconfor mg land uses or structures within the same land use or zoning district; LAND USE Describe current use of property covered by this applicatio . Surrounding property: (Describe how land adjacent to t - property is currently being used) North: South: East: West: 8/9/2011 Page 3 of 4 Tuesday April, 3rd City of Kenai Planning & Zoning Commission C Cups Specialty Coffees was born out of Love for Good Coffee and the inability to get it any where Locally. We are a Specialty Coffee Company that strives to Educate our Customer's while providing True Italian Style and Quality Espresso & Coffee. I have had one Problem after another trying to get my building onto a desirable location. You know how it goes in business Location, Location, Location! I spent many thousands of dollars to have it set onto its original location, only to have a un neighborly local business owner hire attorneys to have me removed at any cost due to competition. This resulted in a financial Toss that I still have not recovered from. I absolutely LOVE the current location at 419 B Frontage Rd. in Kenai. I have Dan's TV on one side and Olga's Fine Jewelry on the other. They are both very friendly, helpful and all around wonderful neighbors. I am sitting on property that is owned by the City of Kenai, but have a Sub Lease w/ Sid Morris, Owner of Olga's Fine Jewelry. My structure is a building that sits on an axle w/ wheels. It has been skirted in, beautifully Painted and Decorated w/ Art on the outside of the Building. The building and the sign can at any time be removed and is Not a permanent structure. Please understand that I plan on being in this location for Many Years. I have NO plans of leaving or moving my business, unless of course I am unable to financially stay afloat. I have now spent Many more Thousands of dollars to get it onto its current location and brought up to City Code. I have also improved the lot by bringing in MUCH needed gravel, to help level out the lot on the area in which my building sits in order to facilitate vehicles driving thru my 2 windows to get coffee. This lot is not well drained and continues to cause me much headache. (we often have Lake C Cups, though not stocked!) I have also Cleaned up the Corner Lot by keeping the weeds in check. I plan on trying to find flowers that can thrive in sand and bring in a nice picnic bench for walking locals and tourists to sit and relax. We often have people visit our coffee shop that have spent time enjoying the beautiful park directly across the street. I even have customers that have stated how much they enjoy looking at the park while waiting for their coffee. I have taken every step I can to ensure that I am a professional & Yes, Beautiful Building in which not only I can be proud, but the City of Kenai can as well. Last summer when we first opened, we had MANY visitors that would come and take pictures of our building and our menu, try out our coffee and comment on what an asset it was to the Community! While I enjoy the location I am in, the sad fact is, the building is small and it is SET BACK so Far off the road and sitting between two much larger buildings w/ Much Higher Signs, that My Building is Virtually UNSEEN from the Road (Kenai Spur Hwy.) In the Winter w/ all the snow piled up in front of it, it has now become TOTALLY invisible to anyone from the main road. As we all know, we have many more months of winter than we do summer. My business depends on Year around traffic, not just seasonal as many do. I broke down and spent $3000.00 I do not have, to have a Professional and Very Artistic Sign built to help draw traffic to my business, while continuing to Create an Attractive Place for our visitors and residents alike to enjoy. The sign company I hired to install the sign included permitting w/ the City of Kenai in the bid. On the day of installation, he realized he had not gotten permission to do so, Ran into the City Offices and tried to get permitting done which was denied. The sign was put on the building and Immediately after being notified, 1 went to the City of Kenai to Speak to them about a Variance. The fact is I cannot be competitive and stay afloat w/ out this sign! The sign itself is only 4' X 6' and has been placed atop my building, which seems to be the problem. I understand that the sign laws have changed, but 1 have two Very Large Buildings surrounding me, both w/ signs that are much taller and larger than my own. Even w/ my new sign, I am barely visible. The building was brought in from Wasilla and placed on the lot. I was told that had the building been moved here w/ the sign on top of it, it probably would not have been an issue, but all signage was left to the previous owners because the name and logo changed. I am asking the the P & Z Commission to Please Grant me this Variance so that we may have a fighting chance to become a successful, proud company that pays taxes w/ in the City Limits! Sincerely, V" A Amy Jack an Owner /Operator C Cups Specialty Coffees P.O. Box 477 Kenai, Alaska 99611 907 398 4326 O4 yT. r I. IT& APPLIANCE • ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 2, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http : /jww- i.lcenai.. k,u 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) 1. Charles Green, NANA Construction, LLC -- Status Update on Kenai Loop #1 Project for Buccaneer 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. APPROVED UNANIMOUSLY. Ordinance No. 2624 -2012 -- Increasing Water & Sewer Fund Estimated Revenues And Appropriations By $10,911 For Costs In Excess Of Budgeted Amounts. 2. APPROVED UNANIMOUSLY. Ordinance No. 2625 -2012 -- Increasing Airport Fund Estimated Revenues And Appropriations By $20,069 For Costs In Excess Of Budgeted Amounts. 3. APPROVED UNANIMOUSLY. Ordinance No. 2626 -2012 -- Increasing General Fund Estimated Revenues And Appropriations By $231,638 For Costs In Excess Of Budgeted Amounts And Authorizing A Budget Transfer Within The General Fund In The Amount Of $33,000. 4. APPROVED UNANIMOUSLY. Ordinance No. 2627 -2012 -- Increasing Estimated Revenues And Appropriations By $26,515 In The General Fund For Proqa Emergency Medical Dispatching Software. City of Kenai Council Meeting Agenda April 18, 2012 Page 1 of 3 5. APPROVED UNANIMOUSLY. Ordinance No. 2628 -2012 -- Increasing Estimated Revenues and Appropriations By $16,847.35 in the General Fund for Police Digital Evidence Software and Investigative Equipment. 6. APPROVED UNANIMOUSLY. Ordinance No. 2629 -2012 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1 -Al, R.M. Thompson Subdivision, 2012 Addition from Light Industrial (IL) to General Commercial (CG). 7. APPROVED UNANIMOUSLY. Resolution No. 2012 -23 -- Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund - Sewer Department. 8. APPROVED UNANIMOUSLY. Resolution No. 2012 -24 -- Supporting Funding for, and Implementation of, a Plan for Upgrades and Improvements to the Seward and Sterling Highways. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of April 18, 2012 2. APPROVED BY CONSENT AGENDA. *Work Session Notes of April 23, 2012 F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. APPROVED UNANIMOUSLY. Action /Approval -- Bills to be Ratified 2. APPROVED UNANIMOUSLY. Action /Approval -- Purchase Orders Exceeding 515,000 3. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2630 -2012 -- Increasing Estimated Revenues and Appropriations in the General Fund for Professional Services Observing and Monitoring Three Dimensional Seismic Surveying Being Conducted on City Property and in City Right -Of -Ways. 4. APPROVED UNANIMOUSLY. Action /Approval -- Lease Agreement between the City of Kenai and Russell Winger for Lot 3, Block 4, General Aviation Apron, located within the Airport Reserve. 5. SUBSTITUTED AND APPROVED UNANIMOUSLY. Action /Approval -- Buccaneer Alaska Operations, LLC Special Use Permit. 6. APPROVED UNANIMOUSLY. Action /Approval -- Assignment of Lease from Wolverine Leasing to Schilling Rentals, LLC for Lot 1A, Block 4, General Aviation Apron. City of Kenai Council Meeting Agenda April 18, 2012 Page 2 of 3 7. APPROVED UNANIMOUSLY. Action /Approval -- Kenai Municipal Airport Lease of Airport Facilities to Alaska Realty Group, Inc. for office space No. 9 in the terminal building. 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. 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, 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 *********************************** * * * * * * *** * ** * * * * * * * * ** * * * * * * *** * ** * * * * ** * ** * * ** * ** City of Kenai Council Meeting Agenda Page 3 of 3 April 18, 2012 Cook I j.1.1.c.I. STORA April 20, 2012 Mr. Bruce Buzby Alaska Department of Natural Resources Division of Oil & Gas 550 W 7th Ave, Ste 800 Anchorage, AK 99501 -3560 Ila Cook Inlet Natural Gas Storage Alaska, LLC 3000 Spenard Road PO Box 190989 Anchorage, AK 99519 -0989 Main: 907- 334 -7980 Fax: 907- 334.7671 www.cingsa.com Re: Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Gas Storage Lease Plan of Operations LOCI 10 -003, ADL 391627 2nd Status Report Submittal Dear Mr. Buzby: CINGSA hereby submits its Second Status Report in accordance with Requirement No. 4 of the approval for the subject Plan of Operations. This report covers activities occurring during the six -month period from November 1, 2011 to April 30, 2012. Well Pad The Permit to Drill CLU Storage 1 was received from the Alaska Oil and Gas Conservation Commission (AOGCC) on November 16, 2011. This well was spudded on November 26, 2011 and suspended on December 16, 2011. The Permit to Drill CLU Storage 5 was received on December 20, 2011. CLU -5 was spudded on December 22, 2011 and suspended on January 23, 2012. The Nabors 105 rig was then demobilized. Perforation and completion of alI five wells began the last week in January 2012; all wells were completed by the third week of February 2012. Beginning in January 2012, pipe supports and piping were installed; the lateral piping and well connections were completed by mid -March 2012. The Motor Control Center (MCC) building was erected on the well pad in December 2011 and by late - February 2012 the MCC, compressors, battery charger, and control panel were tested, energized, and commissioned. Mr. Bruce Buzby April 20, 2012 Page 2 Compressor Plant Site Homer Electric Association (HEA) finished the installation of permanent electrical power in December 2011. The connections to the City of Kenai water plains began in November 2011. By mid - December 2011, the City of Kenai water main connections and CINGSA water line had been completed, pressure tested, and chlorinated. The fire hydrant immediately east of the entrance to the facility pad was also completed at this time. The CINGSA water line will be energized this spring. The installation of the water main extension on the west side was delayed until May 2012. Equipment foundations (e.g., for pipe supports, dehydration skid, lube oil storage pad and containment, radio tower) were completed by early- November 2011. The finish work on the interior of the Auxiliary Building, and architectural work on the Office Building commenced the last week of January 2012 and was completed by mid -April 2012. The installation and testing of all underground piping was completed in November 2011. Marathon then completed the KNPL vault at the tie -in. The 16 -inch and 20 -inch pipelines were nitrogen purged and pressurized in early -March 2012. The glycol regeneration contactor, glycol regeneration skid, thermal oxidizer, compressor after coolers, vent silencer, withdraw gas heater, glycol storage tanks, the stand-by generator, and other vessels, structures, and components were installed between November 2011 and March 2012. The stand -by generator, as well as piping, electrical, instruments, controls, and other facility systems related to Free Flow Service were completed, tested, and commissioned by the end of March. Free -flow gas injection commenced on April 1, 2012. Permitting A list of permits and their current (April 20, 2012) status is enclosed with this report. In February 2012, an inspector from the U.S. Department of Transportation performed an audit of the pipeline and facility construction records and determined all records to be in compliance. If you have any questions regarding this report, please do not hesitate to contact Tom Arminski at 907 334 -7743 or tom .arminski @enstarnaturalgas.com. Sincerely, . O c i'U...c.- M. Colleen Starring Vice President Enclosure as stated CINGSA Project Permits and Approvals Cook in1 -q Nuiural,Gas STORA Agency Permit/ Authorization Purp0Se Submitted j Approved Expires Federal U.S. Army Corps of Engineers Dept. of the Army Nationwide Permit No 391Sec 4041 Authorization to place fill in waters of the U S Iwetlandsl (POA- 2009.1180) Jun. 18. 2010 Oct 13.2010 Mar 18, 2012 U. S. Environmental Protection Agency New Source Performance Standard Program Requires EPA nouneuron of construction of new air emrssmn sources and source testing to verify ;hat New Source Performance Standards (NSPS} aro bang met Sep 21. 2010 No approval required nor applcable Spill Prevention, Conaol, and Countermeasure Plan C)NGSA plan for the prevent on and cleanup of spills of petroleum products where such spills could reach the waters of the United States Jan 10.2012 Jan. 10.2012 not applicable Resource Conservation and Recovery Act (RCRA) Facility ID Number for (tizardous WASIt Generators Generators of RCRA horvdnus waste art required to obtain a facility ID number from EPA. }fauns afaoiny m number is a prerequisite for legal temporary storage and supping of wastes to permitted disposal facility (EPA ID No. AKR000204032) Jan 7.2011 Feb 4,2011 not applicable U.S. Fish and Wildlife Service Bald and Golden Eagle ProtecnunAct Autbonzes die disturbance of eagles where the disturbance results from. but is not the purpose of. art otherwise legal actrvity (MB24650A -0) Aug. 31.2010. request amendment Apr 29, 2011 Oct 13.2010.ameaded Apr 29, 2011 Dec 31, 2012 Federal Aviation Administration Obstruction Realua0on/Atrport Airspace Analysts Determination ofl a Hazard to An Navngation Comprtsston'Gas Conditioning Facility Burl dmg(2012 -AA .73.OE) Temporary Construction Crane (2010- AAL-40.OE) Temporary Drilbng Rig (20114A1.- 141 -OE1 Communication Tower (2011- AA432t -OE) Feb 17,2010/rev Feb 3,2012 Feb 17.20)0frev. Aug. 31.2011 Feb 1,7, 2010hov. Apr. 20,1011 May 13. 2011!rev Ocl 21, 2011 Mar 25.2010 /rev Feb 6,2012 Apr 2, 2010/rev Oct. 12011 Mar 25. 2010 /rev May 19.2011 tun 10, 2011 /row Oct 28, 2011 Aug 24. 2012 Apr 1, 2013 Nov 19.2012 Dm 19.2012 State Alaska Dept. of Environmental Conservation (ADEC) Div. of Air Quality ,Air Quality Owner Requested Limns Restrict emission 0126 quality pollutants from operations phase equipment (AQI242ORL0I) Feb 18.2010 (amended Mw 26, 2010) Sep 21.2010 not applicable MO) Permit (Dialling) Restnct% emission of air quality pothna0ls from equipment used for well drilling (AQ 1285MG101P) Jun 10, 2011 Jun 14.2011 Feb 29, 2012 Div. of Water Quality Water Quably Certification (Sec. 4011 States water quality certification of USACE Nationwide Permit 839 Not applicable Pragramntalle Approval m 2007 not applicable Alaska Pollutant Discharge Elimination System (NPDES) Construction Genera( Perms (CGPI Provrdrs aulhonzolron to drschargasionnwaterto steers of the C 5 dunng construction Requires a project specific Sturm Water ['oilmen Prevent on Plan (3 WPPP) and Notice of Intent (NOl) (AKRIODX36) NO1 Nov 22.2011 Jul 1,2011 Jan 31, 2016 Contained Water General Permit Pemutautb0nzmg the discharge of water used for hydrotesung pipelines to area on feel lay ate and Cu). band immediately north of well pad (2009DB0004. 0131). NO1 May 6.2011 Jun 20,201 I /rev Jul 21.2011 Jun 19.2012 Excaeati0n Dcw-aering General Permit Permit authorizing the discharge of water from excarabons Well Pad (2009DB0003 -0083} Facility Sac {2009DB0003-0D85) Interconnect Pipeline f2009D130003 -00861 Warehouse Foundation. Leachfield. Gas Dehydration Low (20091309003-0128) May 9. 20)1/rev Get 3, 2011 ,!lay 23, 2011 May 23. 2011 Apr 12.2012 May 16, 2011 /rev Oct 21.2011 Jun. 20. 2011 Jun 20.2011 PENDING May 15. 2312 Jun 19 2012 Jun 19.2012 Div. of Environmental Health Aulhonration for Ternparary Storage of Dulling Waste Allows for lheonane temporary ( upto One year) sm rage of Waling mud and cuttings Jun 29. 2011. additional information submitted Jun 30 and Jul 26. 2011 Jul 20,2011 nonespecilied Certificate to Construct Approval to construct an extensrnn so the City of Kenai .water drstributron main Conditional Approval to Construct issued to Crty ofKenat (PRO3346) lid 25, 2011 Sep 16.2011 none specified Alaska Dept. of Natural Resources (ADNR) Div. of Oil & Gas Gas Storage lease 'Provides access to reservoir owned by the state of Alaska fADL 391627) fun 28, 2010 Aug. 1. 2011 Aug. 1 , 2036 OR 20 years from the date of first gas injection Plan ofOperntion Approval Allows the Slate orAlveka to review and approve the manner m which CINGSA will operate as fodlity (LOCI 10 -0031 Jun 2S. 2010 Jul 1.2011 Midnight, Jul. 1,2013 ifactienues have not conunenetd Plan of Uovelopmene %%nutted in accordance with Paragraph 11 of the Gas Storage Lease, A1)1.391627 Mar 28. 2012 Div. of Coastal and Ocean t!•lanagcment Coastal Zone Consistency Determination Project consistency with the Aaska Cwstal Management Program (AK 1007- )120G). Jun 28, 2010 Sep 9, 2010 none specified CINGSA_Permit Status_20120420, page 1 of 2 CINGSA Project Permits and Approvals Cook Inlet Natural, Gas STORA all Agency g Permit/ Authorization Purpose Submitted Approved Expires ADNR (cont) Div. or Mining, Land and Wafer Early Entry Authorization (REA) Land Use Permit Provides authornalinn for entry an to Slate surfaceand subsurface lands to construct for well pad and underground prpelrn s, and for wellbores (AOI. 230925) Jun 28. 2010; suspender! Dec 3, 2011 Final Finding and Dcsnron Issued Nov 5.2010; EEA issued Nov 16. 20)0 Nov 7, 2013 Surf. Lease Provides surface use of State -owned lands for well pad Cons!ructioo occurs under EEO, ahem lease based an submittal and approval ofas -built survey Jun I8, 20) 0 Subsurface Easement Provides use of Slate -owned subsurface lanais(outsrdo of the storage boundary) far wen bores and boned pipelines Construction occurs under 5Fr1. easement usucd upon subrmttal and approval ofas-built survey Jun 25. 2010 fcmpmary Water Use Permits Allows for use ofgruundwater. From excavated Emnehcs lduwalennn. pad compacunn) (.02011 -25) From water will for dal long tnject!onlwsthdrawal w.111+ (02011 -120) Mar 15, 2011 Attg 5, 2011 Mar 24, 20)1, rev May 26, 2011, amended Oct 5.2011 Aug. 10, 2011 Sep 30.2012 Inn 31. 2012 Water Rrghi To use lass than 500 gallons per day of groundwater (LAS 28452) Jan 31.20)2 Acknowledged Apr. 9.2012 Pendin adjudication due to backlog Lettersof Non-Obit ction T'empororyGatuat entrance to well pad IADLI30925) Dec 9.2010 Doc 5. 2010 none specified Office of History and Archaeology Canaria Rnome, Consultation (Sec 106) State Heston Preservation Office concurrence that the project wall not have adverse effects on historical or cultural propcntcs Dcc 10, 2009 (Survey Report) Approval in conjunction wills USACE and ACMP reviews not applicable Alaska Oil and Gas Conservation Commission Order to Inject State's aathortzati on to inject guts for Morage (Storage Injem ion Order No.9) Jul 27, 2010 Nov 19. 2010 nonespecified Aquifer Exemption Determsnatron that wells will not alfnctagmfen used for potable water (Aquifer Exemption Order No. 13) Aug. 11, 2010 Nov 17, 2010 not applcable Permits to Drill State's authorrrivan todnll neural gas injection and withdrawal wells CLU Storage I (211 -149) CLU Storage 2 (211.135) CLU Storage )21I.088) CLU Storage 4 (2)1 -122) CLU Storage 5 (211 -158) Nov 8.2011 Oct 10, 2011 Jul. 6,2011 Sep 12, 2011 Dec 12.2011 Nov 16.2011 Oct 21, 2011 Aug. 4, 2011 Sep. 20, 2011 Dec. 20. 2011 none specified Alaska Dept. of Transportation and Public Facilities Utdty Penni! Required 10 bury ptpeltnes an the highway r ght- of -wzv (ROW) 16-tnch Gathering Lino (1-117790.D-107) 20 -inch Interconnect 11-117790-11-1501 Water Lines (1-117770-11-317 and 1- 1I7790 -I1 -3651 KNPL Tic-(n ainmrhon Pijx•Line. 1.1.(' (1.117700-1 I-306) Apr 25. 2011 May 20. 2011 Aug. 1.2011 Aug. 1, 2011 May 12.20/1. rev htoy 26.2011 Jul 21. 2011 Sep 25,2011 Aug. 31. 2011 Oct 31. 2011 Ort 1,2011 Ott 15,2012 Oct 30, 2011 Lana Closure Permal Annual perm!1 to close/obstruct highway lams to 150151tle construehon acliviles(2012 Permit No. 22519) Oct. 29, 2010 an 18, 2012 Dec. 31. 2012 Driveway Permit - Approval to Construct (ATC) Authonzahon to build driveway from well pad onto Bridge Access Road ATC precede.. Drncway Pemttt. whit would be issued after final inspection by ADO'I' PF. (ATC 21525). Sep 9, 2010 Dec 2.2010 Nov 30, 2011 Approach Road - Approsal to Construct (ATC) Audwrizatron to bald approach road from Pawlity at„ to Beaver Loop Road. AT(' precedes Approach Road Permit, which would ha issued after submitting as .bwltdmwtngs and photographs (ATC 21474) Sop 9, 2010 Dec 2, 20) 0 Nov 30, 2011 TemporaorConstrucuon Permit To dear patFan of Brrdgc Access ltd ROW along pipeline route before bird nstag season Mar. 20. 20)0 Apr. 6.2011 not applicable Local City of Kenai Zoning Change To re. zone compreuor en e parcel from rural residential to heavy mdustrial Jul 8,2010 Sep. I,2010. elm Oct 1,2010 Notapplicable Budding Permits To snsure that building meetscndes Compressor Bldg. (B 4793) Auxiliary Bldg. (B 4805) Office /Shop Bldg (1 4804) Well Pad MCC 131dg 16 4816) Auxdloty Bldg. lnlermr and (ilectncal (64886) OfrauShop Bldg. [manor and Eleetneal (1 4857) Apr 20. 2011 May 2. 2011 May 2.2011 Jan 7.2011 Dee 15.201) Dec 15, 2011 Apr 27.2011 May 17. 2011 May 13 2011 Jun 5, 2011 Ian 6, 2012 tan 6, 2012 none specnfied Fire Code Modification Approval Approval for using 2iletnate means of fire suppression an compressor budding Jan 20, 21)12 Jan 26, 2012 not applicable Well Drilling Permits To ensure that well dolling does not mlorferu with other uses such as roads, residences and commercial buildings'. CLU Storage 1, CLU Storage 2,CLU Storage 3, CLU Storage 4. and CLU Storage 5. Jun 15, 2011 Jun 21, 201 1 Jun 21, 2012 land (hereall. a long as dolling operatrons have nor ceased for more than 120 days) Letters of Non -Objection To docharge groundwater from c'tcavauons onto City propctry May 20,2011 May 20, 2011 not applicable not applicable Tb eornlmet temporary boardwalk across City property toracceas hrnvecn parking and well pad. 361. 12, 201 I Jul 18, 2011 Condnmral Use Pemuts Ensures development Icompreoor acre and well pad pareets1 compaubdny with designated principle us.s in the zoning dnlnets (PZI0.41 and PZ)0 -42) Sep 10. 2010 Oct 13, 2010, amended Jan 16, 2011 notapplrathle Landscape Plan Approval Required by Conditional the Permits Apr 22, 2011 May 3. 2011, rev Feb 21, 2012 !0. 2012 Fire Hydrant Ptamtt Use of fire hydrant to obtain City water Jul. 14. 2011 Jul 15, 2011 Dec. 31, 2011 CINGSA_Perm(t Status 20120420, page 2 oft