HomeMy WebLinkAbout2013-03-27 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 27, 2013 - 7:00 p.m.
Work Session - 6 p.m. — 7 p.m. and immediately
following meeting, if needed
Setback Requirements and Accessory Structures
In City's Municipal Code
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
Commissioner Bryson
➢ Commissioner Smith
*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 nonnal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *February 27, 2013
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ13 -11 — Application for a Conditional Use Permit — Annette King and Roylene Strout, dba 2
Sisters Alaska Seafood (Intemet/Retail Business) — 5455 Kenai Spur Highway Lot 7A, Block 3,
Thompson Park One Stop Replat.
b. Revocation hearing revoking Conditional Use Permit PZ06 -26 — Steve & Rick Voth dba Captain
Bligh's Beaver Creek Lodge (Lodging & Guide Service) — 1045 Angler Drive — Lot 5, Angler
Acres Subdivision #3. (Postponed 2/27/13)
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. Lease Application — Buccaneer Alaska Operations, LLC, Lot 8, Kenai Industrial Park
Subdivision Preliminary Plat — Discussion /Recommendation.
b. PZ13 -13 —Application for a Home Occupation Permit, Daycare, Danielle Edwards -Dean, Lot 10,
Block B, Woodland Subdivision Part 1.
8. PENDING ITEMS:
Agenda
March 27, 2013
9. REPORTS:
a. Cit} Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: April 10, 2013
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Page 2
2A
CITY OF KENAI
PLANNING & ZONING COMMISSION
FEBRUARY 27, 2013 — 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
A quorum was present.
c. Agenda Approval
MOTION:
Chair J. Twait, K. Peterson, C. Smith, P. Bryson,
B. Shiflea, H. Knackstedt, J. Arness
None
City Planner M. Kebschull, Planning Assistant N. Carver,
Council Member T. Navarre, Deputy City Clerk C. Hall
Commissioner Knackstedt MOVED to approve the agenda and Commissioner Arness
SECONDED the motion. There were no objections. SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Smith
SECONDED the motion. There were no objections. SO ORDERED.
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.
2. *APPROVAL OF MINUTES— February 13, 2013
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT— None.
4. CONSIDERATION OF PLATS
a. PZ13 -10 — Preliminary Plat — Mommsen's Subdivision Addition 1 — Riley Replat (A
subdivision of Lot 5 and Lot 6, Block 7 of Mommsen's Subdivision Addition No. 1.) Plat
submitted by Terry Eastham, 33986 Community College Drive, Soldotna, Alaska.
Kebschull reviewed the staff report included in the packet, recommending approval with no
contingencies.
MOTION:
Commissioner Shiflea MOVED to approve PZ13 -10 and Commissioner Smith SECONDED the
motion.
VOTE:
Commissioners voting YEA: Peterson, Smith, Twait, Bryson, Shiflea, Knackstedt, Arness
Commissioners voting NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS —None.
6. UNFINISHED BUSINESS —None.
7. NEW BUSINESS — None.
8. PENDING ITEMS — None.
9. REPORTS
a. City Council — Council Member Navarre reviewed the work session with Council held
on February 26, 2013.
b. Borough Planning — Commissioner Bryson reviewed the February 25 Borough
Planning Commission meeting.
c. Administration — Kebschull noted the February 26 work session with Council was
PLANNING AND ZONING COMMISSION MEETING
February 27, 2013
PAGE 2
successful and suggested cancelling the next meeting due to lack of agenda items.
MOTION:
Commissioner Knackstedt MOVED to request cancellation of the March 13 meeting and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There
were no objections. SO ORDERED.
10. PERSONS PRESENT NOT SCHEDULED — None.
11. INFORMATION ITEMS — None.
12. NEXT MEETING ATTENDANCE NOTIFICATION — March 13, 2013
Commission requested the March 13 meeting be cancelled due to lack of agenda items.
13. COMMISSION COMMENTS & QUESTIONS — None.
14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:12 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
February 27, 2013
PAGE 3
STAFF REPORT
To: Planning & Zoning Commission
Date: March 7, 2013
GENERAL INFORMATION
5A
Res: PZ13 -11
Applicants: Annette King and Roylene Stout 335 -2747
dba 2 Sisters Alaska Seafood
5455 Kenai Spur Highway
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use
Land Use Plan:
ANALYSIS
Conditional Use Permit — Intemet/Retail Business
Lot 7A, Block 3, Thompson Park One Stop Replat
5455 Kenai Spur Highway
04907026
LC — Limited Commercial
Retail Business
Neighborhood Residential
General Information:
This is an application for an intemet /retail store to be operated from the property known
as 5455 Kenai Spur Highway. The property is located in the Limited Commercial Zone.
A Conditional Use Permit is required for retail businesses in the Limited Commercial
Zone. This property is accessed from the Kenai Spur Highway and Lupine Drive, both
roads are maintained. The property is served by City water and sewer.
Internet sales are the main use of the business, receiving orders over the phone / internet
and then shipping the products out. The products are picked up by a local carrier. The
retail store is a secondary use and a recent addition that continues to grow. The
applicants are registered with the Kenai Peninsula Borough for sales tax and they have a
State of Alaska business license.
The building had been a convenience /liquor store for a number of years before closing in
2008, since that time the building has sat empty. Ms. King and Ms. Stout have operated 2
Sisters Alaska Seafood for the past 7 years from 672 Bridge Access Road. The applicants
were unaware a Conditional Use Permit was required to operate their business from this
location.
PZ13 -11 Comments
Page 2
In 2006, the City rezoned the property from General Commercial to Limited Commercial,
which caused some businesses operating in this area to become nonconforming. Kenai
Municipal Code 14.20.050(b) permits nonconformities to continue until they are
removed. Kenai Municipal Code 14.20.050(e)(5) states when a nonconforming use of a
structure is discontinued, it loses its nonconformity and then must comply with the
requirements of the existing zone.
KMC 14.20.150 details the intent and application process for conditional uses. The code
also specifies the review criteria that must be satisfied prior to issuing the permit. The
criteria are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district:
• The intent of the Limited Commercial Zone (LC) is established to provide
transition areas between commercial and residential districts by allowing
low to medium volume business, mixed residential and other compatible
uses which complement and do not materially detract from the uses
allowed with adjacent districts. The Kenai Spur Highway is classified by
the State of Alaska as a Major Collector. A collector is defined as "A
road classification applicable to roads serving a mixture of local access
and through traffic, for which the volume, average speed, and trip length
of vehicles using the road are usually lower than for principal or minor
arterials, but higher than for local roads. " Because access to the
proposed business can be off a collector, and not through a residential
neighborhood, the impact should not violate the residential character of
the environment. The use will not create a health hazard. The proposed
use is less offensive than the previous use that operated from this location.
It appears the use is consistent with the intent of the zone and should not
adversely affect neighboring properties.
2. The value of the adjoining property and neighborhood will not be significantly
impaired:
• The value of the adjoining property should not be impaired. The
structures f tfade has been recently improved and compliments the
neighborhood.
3. The proposed use is in harmony with the Comprehensive Plan:
• The Limited Commercial Zone closely resembles the Mixed Use Zone in
the 2003 Comprehensive Plan, The Mixed Use District fosters a
compatible mix of retail, service, office, public, institutional recreational
and multi family residential uses. The district does not prescribe specific
proportions for these uses, only that all these uses are desirable within the
district. Mixed uses are particularly desirable in the Townsite Historic
District and City Center overlay zone. This property is identified in the
Land Use Plan as Neighborhood Residential; and is accessed via a major
collector road (Kenai Spur Highway). The buildingfts in with the
PZ13 -11 Comments
Page 3
residential structures in the area. It appears that the development is in
harmony with the Comprehensive Plan.
4. Public services and facilities are adequate to serve the proposed use:
• The property is served by City water and sewer. City of Kenai police and
fire department resources are sufficient to serve the proposed use.
5. The proposed use will not be harmful to the public safety, health or welfare:
• The proposed use is not harmful to the public safety health or welfare.
6. Any and all specific conditions deemed necessary by the commission to fulfill
the above- mentioned conditions should be met by the applicant. These may
include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use.
• A Building Permit will be required for the freezer that was added to the
existing structure upon approval of the Conditional Use Permit.
• Any previous signage for the preceding business must be removed.
Building Official:
A building permit, inspection, and approval is required for the freezer addition to the
building.
RECOMMENDATIONS
The applicant proposes to operate an intemet/retail store to market Alaskan Seafood. The
store is accessed by the Kenai Spur Highway and Lupine Drive. Orders are received via
internet/phone sells and then shipped out to the buyer. Other than local retail traffic,
products are picked up by a local carrier. It appears that the business can operate without
a negative impact on adjoining residential, and is less of an attractant than the previous
business.
Recommend approval with the following requirements:
1. A building permit, inspection, and approval is required.
2. Remove all old signage from previous business.
ATTACHMENTS:
1. Resolution No. PZ13 -11
2. Application
3. Drawings
i CITY OF KENAI
" PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -11
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Annette King and Rovlene Stout dba 2 Sisters Alaska Seafood
USE: Intemet/Retail Business
LOCATED: Lot 7A, Block 3, Thompson Park One Stop Replat — 5455 Kenai Spur Highway
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04907026
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and
received on: March 4 2013
2. This request is on land zoned: LC — Limited Commercial
3. That the applicants have demonstrated with plans and other documents that they can and will
meet the following specific requirements and conditions in addition to existing requirements:
a. A building permit, inspection, and approval is required.
b. Remove all old signage from previous business.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280
on: March 27, 2013.
5. Applicants 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 APPLICANTS HAVE DEMONSTRATED THAT THE
PROPOSED INTERNET /RETAIL BUSINESS MEETS THE CONDITIONS REQUIRED FOR
SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MARCH 27, 2013.
CHAIRPERSON: ATTEST:
"Vllaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / Fax: 907- 283 -3014 1I I I l
www.ci.kenai.ak.us 992
APPLICATION FOR
CONDITIONAL USE PERMIT
KMC 14.20.150
Date:
CITY OF KENAI
MAR - 4 2013
PLANNING DEPARTMENT
OWNER
PETITIONER REPRESENTATIVE (IF ANY
Name: -,c r 1
Name: S r • Y° } c c S ec c� mr.
Mailing Ad ess: ' 0 G1 r `ns " "i3
J,,Nlailing Address: =,t S� ,«; ., r N ••,
e
Phone Number: °) 1 \ 3
Phone Number:
Fax Number: —
Fax Number: cic) 7-
Email:
Email:
PROPERTY INFORMATION
Pro ert Tax ID #:
Site Street Address:
Current Legal Description:
Conditional Use Requested F — ` ecessar
Y)
L $ISr� Heart- Healthy to Your Door
Aanege,King
Roylene $tullt'
Zonin {�S�A S A�0�4 9(17 -M-2, 747
888 - 35&2747
DOCUMENTATION www,2SlatamAlaakaSaafopdcom
Required Attachments: Comp ete pp lca ton 'orm ✓ C f n}
Site Plan/Floor Plan with Square Foot " e
$125 Fee (plus applicable sales tax)
KPB Tax Compliance (if applicable)
State Business License (if applicable)*-`
AU 1 HUK11 Y 'l U AMYL Y FUR CUNDITIUNAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are
tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for
administrative reasons. I understand that a site visit may be realuired to process this application. Citv of Kenai
Date:
"eesent'sdites must provide written proof of authorization
6/18/2012 Page 1 of 4
n
CONDITIONAL USE STANDARD (KMC 14 20150)
The Planning and Zoning Commission may only approve the conditional use if the commission finds
that all the following six (6) standards are satisfied. Each standard must have a response in as much
detail as it takes to explain how your project satisfies the standard. The burden of proof rests with you.
Feel free to use additional paper if needed.
1. The use is consistent with the purpose of this chapter and the purposes and intent of the
2. The value of the
ci— .
and
3.The proposed use is in harmony with the Comprehensive Plan;
facilities are adequate to
6/18/2012
Page 2 of 4
5.The ro osed use will not be harmful to the public safe , health or welfare;
Iand all specific conditions deemed necessary by the commission to fulfill the above -
tioned conditions should be met by the applicant. These may include, but are not limited
easures relative to access, screening, site development, building design, operation of the
and other similar aspects related to the proposed use.
LAND USE
Describe current use of property covered by this application:
Surrounding property: (Describe how land adjacent to the property is currently being used)
North:
South:
�r
East:
rr
West: r
6/18/2012
Page 3 of 4
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Lot 7A, Block 3, Thompson Park One Stop Replat
Conditional Use Permit PZ13 -11
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Subject Property
5B
AMENDED STAFF REPORT
To: Planning & Zoning Commission
Date: March 11, 2013 Revocation of Res: PZ06 -26
GENERAL INFORMATION
Applicant:
Rick Voth Et Al 252 -6211
Captain Bligh's Beaver Creels Lodge
Operated by Steve Voth
1035 Angler Drive
Kenai, AK 99611
Requested Action:
Revocation of Conditional Use Pen-nit — Lodging and
Guide Service
Legal Description:
Lot 4, Anglers Acres Subdivision Part 3
Street Address:
1045 Angler Drive
KPB Parcel No.:
04939035
Existing Zoning:
RR— Rural Residential
Current Land Use:
Lodging and Guide Service
Land Use Plan:
Rural Residential
AMENDMENT TO FEBRUARY 12, 2013 STAFF COMMENTS:
The following sections of the Kenai Municipal Code were considered when reviewing
this Conditional UsePennit:
Y KMC 14.20.150(e) - ".... the applicant is current on all obligations (e.g., sales tax,
property tax, lease payments, utility payments) to the City or has entered into an
approved payment plan with the City on any obligations owed and the applicant is
in compliance with the payment plan."
o The property is out of compliance due to a failure to pay $3,557.92 for
2012 Kenai Peninsula Borough and City of Kenai property taxes for 1045
Angler Drive ( #04939035):
• Property Tax - $3,000.98
• Personal Property Tax - $556.94
• The Kenai Peninsula Borough requires property taxes must be paid
no later than November 15, 2012.
• The Kenai Peninsula Borough collects sales tax and property tax
for the City of Kenai.
• The Kenai Peninsula Borough cannot enter into a formal payment
plan for property taxes.
• The property is out of compliance for 2012 personal and real
Revised Revocation Comments of PZ06 -26 Page 2
property tax.
• No payments have been made on this account for the 2012 taxes.
➢ KMC 14.20.150(g) outlines the process to revolve a Conditional Use Permit for
noncompliance.
o The property owners have been given reasonable opportunity to correct the
deficiency or to provide information relating to or rebutting the alleged
deficiency. The following provides a synopsis of contact with the
pennittee:
• 12/21/12, 1/9/13 & 1/28/13.
Notification letters sent to property owners that PZ06 -26
was out of compliance.
• 1/9/13
■ Steve Voth left message that he was working with the
Kenai Peninsula Borough on the past due taxes.
• 2/12/13
• The City left a message for Mr. Voth informing him of the
revocation hearing scheduled for 2/13/13.
• Steve Voth contacted the City about non - compliance. Mr.
Voth stated he was out of town working and had not
received notices.
• Mr. Voth was advised to contact the Kenai Peninsula
Borough Delinquent Accounts Department regarding the
2012 past due taxes.
• The Kenai Peninsula Borough Delinquent Accounts
Department was contacted by Mr. Voth regarding his
account. Mr. Voth advised he planned to pay the taxes in
the next few months.
• An email addressed to the Commission was received
requesting postponement of the revocation.
• 3/8/13
Kenai Peninsula Borough notified the City that Mr. Voth
had paid his past due 2012 taxes, and was in compliance.
• 3/14/13
■ Public hearing notices mailed to property owners of 3/27/13
public hearing revolving /dismissing Conditional Use
Permit.
RECOMMENDATIONS:
Kenai Municipal Code 14.20.150(g) prescribes the process when revoking a Conditional
Use Permit. The code states, "The Commission shall not revolve the permit until the
permit holder has been notified and given reasonable opportunity to correct the
deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s)."
The permit holders were notified and given reasonable opportunity to correct the
Revised Revocation Comments of PZ06 -26
Page 3
deficiency. Because the permit holders have corrected the deficiency(s), Administration
is recommending the Commission DISMISS Conditional Use Permit PZ06 -26,
ATTACHMENTS:
1. Amended Resolution PZ06 -26
2. Packet from 2/27/13 meeting
r� �= CITY OF KENAI
- -' PLANNING AND ZONING COMMISSION
REVOCATION OF CONDITIONAL USE PERN1IT
tFocty,f PZ06 -26 (AMENDED)
KINASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI REVOKE /DISMISS CONDITIONAL USE PERMIT PZ06 -26 FOR FAILURE TO
COMPLY WITH THE REQUIREMENTS OF KENAI MUNICIPAL CODE 14.20.150(e).
WHEREAS:
1. Conditional Use Pen-nit PZ06 -26 was approved on April 12, 2006; and,
2. The pen-nit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. Kenai Municipal Code 14.20.150(0 requires permit holders to submit a yearly report
between October I" and December 31" each year to the administrative official providing a
summary of on -site activity; and,
6. Kenai Municipal Code 14.20.150(g) regulates the process for revocation of permits due to
non - compliance.
WHEREAS, the administrative official has conducted the annual review of Conditional Use
Permit PZ06 -26 and finds:
I. Conditional Use Permit PZ06 -26 was approved on April 12, 2006; and,
2. The permit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. The Kenai Peninsula Borough requires property taxes must be paid in full no later than
November 15, 2012; and,
5. According to the Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Peninsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 for personal property tax; and $3,000.98 for real property tax for a total
amount delinquent for 2012 in the amount of $3,557.92, and,
6. Failure to pay the 2012 Kenai Peninsula Borough and City of Kenai Property Tax is a
violation of Kenai Municipal Code 14.20.150(e), and,
7. The permit holders, Steve and Rick Voth, submitted the annual report as required in Kenai
Municipal Code 14.20.150(f) on December 12, 2012, providing a summary of activity; and,
8. The report received was on December 12, 2012, and met the requirements of Kenai
Municipal Code 14.20.150(f).
WHEREAS, the administrative official finding that the holders of Conditional Use Permit
PZ06 -26 were out of compliance with Kenai Municipal Code 14.20.150(e) provided an
opportunity for the permit holders to comply with the conditions required in the Kenai Municipal
Code 14.20.150(g) as stated below:
PZ06 -26 Revised 3/27/13
1. On January 9, 2013, a notice letter was mailed to provide notification of non - compliance
and to allow a reasonable opportunity to correct the cited deficiency or to provide
information relating to or rebutting the alleged deficiency; and,
2. The January 9, 2013, notice provided that if compliance was not met by January 21, 2013
revocation hearing would be scheduled for the February 13, 2013, Planning & Zoning
Commission meeting; and,
3. On January 28, 2013, the administrative official found that the deficiencies had not been
corrected; and,
4. On January 28, 2013, a "Notice of a Revocation Hearing" for the February 13, 2013,
hearing was sent to the permit holders; and,
5. On March 14, 2013, a "Notice of a Revocation Hearing" for the March 27, 2013, hearing
was sent to the permit holders.
WHEREAS, on March 27, 2013, the Commission held a duly advertised public hearing as
required by Kenai Municipal Code 14.20.280.
WHEREAS, the Commission finds:
1. Conditional Use Permit PZ06 -26 was approved on April 12, 2006; and,
2. The permit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g, sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. The Kenai Peninsula Borough requires property taxes must be paid in full no later than
November 15, 2012; and,
6. According to the Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Peninsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 for personal property tax, and $3,000.98 for real property tax for a total
amount delinquent for 2012 in the amount of $3,557.92; and,
7. Conditional Use Permit PZ06 -26 is not in compliance with Kenai Municipal Code
14.20.150(e) for failure to pay the 2012 Kenai Peninsula Borough and City of Kenai
Property Tax in the amount of $556.94 for personal property tax, and $3,000.98 for real
property tax for a total amount delinquent for 2012 in the amount of $3,557.92; and,
8. On February 13, 2013, the Planning & Zoning Commission postponed revocation of
Conditional Use Permit PZ10 -26 until the March 27, 2013, Planning & Zoning
Commission meeting; and,
9. On March 8, 2013, the administrative official found that the deficiencies had been
corrected; and,
10. Conditional Use Permit PZ06 -26 is in compliance with Kenai Municipal Code
14.20.150(e).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ06 -26 HELD BY
STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR
CABIN RENTALS IS REVOKED/DISMISSED FOR FAILURE TO COMPLY WITH KENAI
MUNICIPAL CODE 14.20.150(e). THIS DECISION MAY BE APPEALED. THE APPEAL
MUST BE SUBMITTED IN WRITING TO THE CITY CLERK WITHIN FIFTEEN (15) DAYS
OF THE DECISION. ( KENAI MUNICIPAL CODE 14.20.290.)
Amended PZ06 -26 Revocation Page 3
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, MARCH 27, 2013.
CHAIRPERSON:
ATTEST:
Public Hearing 2/27/2013
Postponed 2/27/2013
Public Hearing 3/27/2013
AMENDED STAFF REPORT
To: Planning & Zoning Commission
Date: February 12, 2013
GENERAL INFORMATION
Applicant:
Rick Voth Et Al
Revocation of Res: PZ06 -26
252 -6211
Captain Bligh's Beaver Creek Lodge
Operated by Steve Voth
1035 Angler Drive
Kenai, AK 99611
Requested Action: Revocation of Conditional Use Permit — Lodging and
Guide Service
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Lot 4, Anglers Acres Subdivision Part 3
1045 Angler Drive
04939035
RR — Rural Residential
Lodging and Guide Service
Rural Residential
AMENDMENT TO STAFF COMMENTS:
This is an amendment to staff comments dated January 30 2013 This amendment is a
result of questions received from Commissioner Knackstedt relating to the Resolutions
included in the Commission packet.
Administration met with the City Attorney to discuss Commissioner Knackstedt's
questions, and the process of revoking a Conditional Use Permit
The following sections of the Kenai Municipal Code were considered when reviewing
this Conditional Use Permit:
➢ KMC 14.20.150(e) - ".... the applicant is current on all obligations (e.g., sales tax,
property tax, lease payments, utility payments) to the City or has entered into an
approved payment plan with the City on any obligations owed and the applicant is
in compliance with the payment plan."
o The property is out of compliance due to a failure to pay $3,557.92 for
2012 Kenai Peninsula Borough and City of Kenai property taxes for 1045
Angler Drive ( #04939035):
Property Tax - $3,000.98
Personal Property Tax - $556.94
Revised Revocation Coh -vents of PZ06 -26
Page 2
• The Kenai Peninsula Borough requires property taxes must be paid
no later than November 15, 2012.
• The Kenai Peninsula Borough collects sales tax and property tax
for the City of Kenai.
• The Kenai Peninsula Borough cannot enter into a formal payment
plan for property taxes.
• The property is out of compliance for 2012 personal and real
property tax.
• No payments have been made on this account for the 2012 taxes.
➢ KMC 14.20.150(g) outlines the process to revoke a Conditional Use Permit for
noncompliance.
o The property owners have been given reasonable opportunity to correct the
deficiency or to provide information relating to or rebutting the alleged
deficiency. The following provides a synopsis of contact with the
permittee:
• 12/21/12, 1/9/13 & 1/28/13
■ Notification letters sent to property owners that PZ06 -26
was out of compliance.
• 1/9/13
• Steve Voth left message that he was working with the
Kenai Peninsula Borough on the past due taxes.
• 2/12/13
• The City left a message for Mr. Voth informing him of the
revocation hearing scheduled for 2/13/13.
• Steve Voth contacted the City about non - compliance. Mr.
Voth stated he was out of town working and had not
received notices.
• Mr. Voth was advised to contact the Kenai Peninsula
Borough Delinquent Accounts Department regarding the
2012 past due taxes.
• The Kenai Peninsula Borough Delinquent Accounts
Department was contacted by Mr. Voth regarding his
account. Mr. Voth advised he planned to pay the taxes in
the next few months.
• An email addressed to the Commission was received
requesting postponement of the revocation.
RECOMMENDATIONS:
Kenai Municipal Code 14.20.150(g) prescribes the process when revoking a Conditional
Use Permit. The code states, "The Commission shall not revoke the permit until the
permit holder has been notified and given reasonable opportunity to correct the
deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s)."
The permit holders were notified and given reasonable opportunity to correct the
deficiency. Because the permit holders have not corrected the deficiency, Administration
is recommending the Commission revoke Conditional Use Permit PZ06 -26.
Revised Revocation Co..,nents of PZ06 -26
Page 3
Steve Voth, one of the permit holders and operator of Conditional Use Permit PZ06 -26,
has submitted an email (attached) requesting the Commission postpone the revocation to
provide additional time to bring the property into compliance.
If the Commission's decision is to postpone action on the revocation, it is recommended
the Commission postpone to no later than May 8, 2013, the start of the tourist season.
The business should not be allowed to continue to operate when not in compliance with
KMC 14.20.150(e). The business is currently closed and will be reopening with the start
of the tourist season. If the Commission postpones action and the permit holders come
into compliance prior to the May 81h meeting, the Commission could be notified and the
revocation reviewed at a meeting prior to May 8n'.
ATTACHMENTS:
1. Amended Resolution PZ06 -26
2. Email from Steve Voth
CITY OF KENAI
PLANNING AND ZONING COMMISSION
REVOCATION OF CONDITIONAL USE PERMIT
PZ06 -26 (AMENDED)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI REVOKING CONDITIONAL USE PERMIT PZ06 -26 FOR FAILURE TO COMPLY
WITH THE REQUIREMENTS OF KENAI MUNICIPAL CODE 14:20.150(e).
WHEREAS:
1. Conditional Use Permit PZ06 -26 was approved on April 12, 2006; and,
2. The permit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. Kenai Municipal Code 14.20.150(f) requires permit holders to submit a yearly report
between October I" and December 31" each year to the administrative official providing a
summary of on -site activity; and,
6. Kenai Municipal Code 14.20.150(g) regulates the process for revocation of permits due to
non - compliance.
WHEREAS, the administrative official has conducted the annual review of Conditional Use
Pen-nit PZ06 -26 and finds:
1. Conditional Use Permit PZ06 -26 was approved on April 12, 2006; and,
2. The permit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. The Kenai Peninsula Borough requires property taxes must be paid in full no later than
November 15, 2012; and,
5. According to the Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Peninsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 for personal property tax, and $3,000.98 for real property tax for a total
amount delinquent for 2012 in the amount of $3,557.92; and,
6. Failure to pay the 2012 Kenai Peninsula Borough and City of Kenai Property Tax is a
violation of Kenai Municipal Code 14.20.150(e); and,
7. The pen-nit holders, Steve and Rick Voth, submitted the annual report as required in Kenai
Municipal Code 14.20.150(f) on December 12, 2012, providing a summary of activity; and,
8. The report received was on December 12, 2012, and met the requirements of Kenai
Municipal Code 14.20.150(f).
WHEREAS, the administrative official finding that the holders of Conditional Use Permit
PZ06 -26 were out of compliance with Kenai Municipal Code 14.20.150(e) provided an
opportunity for the permit holders to comply with the conditions required in the Kenai Municipal
Code 14.20.150(g) as stated below:
Amended PZ06 -26 Revocation Page 2
1. On January 9, 2013, a notice letter was mailed to provide notification of non - compliance
and to allow a reasonable opportunity to correct the cited deficiency or to provide
information relating to or rebutting the alleged deficiency; and,
2. The January 9, 2013, notice provided that if compliance was not met by January 21, 2013, a
revocation hearing would be scheduled for the February 13, 2013, Planning & Zoning
Commission meeting; and,
3. On January 28, 2013, the administrative official found that the deficiencies had not been
corrected; and,
4. On January 28, 2013, a "Notice of a Revocation Hearing" for the February 13, 2013,
hearing was sent to the permit holders.
WHEREAS, on February 13, 2013, the Commission held a duly advertised public hearing as
required by Kenai Municipal Code 14.20.280.
WHEREAS. the Commission finds:
1. Conditional Use Permit PZ06 -26 was approved on April 12, 2006; and,
2. The permit was for the property located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04939035; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. The Kenai Peninsula Borough requires property taxes must be paid in full no later than
November 15, 2012; and,
6. According to the Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Peninsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 for personal property tax, and $3,000.98 for real property tax for a total
amount delinquent for 2012 in the amount of $3,557.92; and,
7. Conditional Use Permit PZ06 -26 is not in compliance with Kenai Municipal Code
14.20.150(e) for failure to pay the 2012 Kenai Peninsula Borough and City of Kenai
Property Tax in the amount of $556.94 for personal property tax, and $3,000.98 for real
property tax for a total amount delinquent for 2012 in the amount of $3,557.92.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ06 -26 HELD BY
STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR
CABIN RENTALS IS REVOKED FOR FAILURE TO COMPLY WITH KENAI MUNICIPAL
CODE 14.20.150(e). THIS DECISION MAY BE APPEALED. THE APPEAL MUST BE
SUBMITTED IN WRITING TO THE CITY CLERK WITHIN FIFTEEN (15) DAYS OF THE
DECISION. (KENAI MUNICIPAL CODE 14.20.290.)
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, FEBRUARY 13, 2013,
CHAIRPERSON:
ATTEST:
Nancy Carver
From:
Steve Voth [steve @captainblighs.com]
Sent:
Tuesday, February 12, 2013 7:21 PM
To:
Nancy Carver
Subject:
Revocation Hearing
Nancy please enclose this email in the packed for the board members.
Dear Board Members,
First I would like to apologize for not being present at tonight's meeting, I am currently out on the Grayling
Platform Installing a building that we fabricated at the ASRC shop. I am not on a rotation, I will be here until the job is
completed.
On or about January 5th I was contacted by Nancy Carver concerning a past due property tax with the borough.
At that time she informed me that the City was requesting that I enter into a legally binding payment agreement with
the Borough and they would consider me to be in compliance. At that time I contacted Laurie Lingafelt with the
borough and asked to set up a payment plan. Laurie informed me that unlike past due sales tax, where they get a
judgment and set up a payment plan, they are not allowed to by Law. The borough does not feel that they need too, in
fact they are not even concerned enough to send the debt to collections. This is because unlike sales tax where there is
no real property behind that debt, property tax is backed up by that individual parcel. If a person falls behind by two
years, the borough simply starts the foreclosure process and eventually sells the property to cover the outstanding
debt. I spoke with Nancy that day and explained this. I also explained that I would be caught up as soon as I was able.
At that time she told me that she had already mailed a letter informing me of the revocation hearing and to disregard it
and we were good to go for now. Somewhere between then and now the situation changed and the revocation hearing
was deemed necessary to go forward. I believe there was some miscommunication between Nancy, Laurie and myself.
I was not made aware of the revocation meeting or that it was going forward until today February 12`h at 8:30am when
Nancy gave me a call. This does not give me time to find a replacement for myself and I do not want to lose my spot. I
spoke with both Nancy and Laurie today and again assured them that I will start paying this down. Laurie has sent me
the link and PIN # so that I can do it online of which I made a small payment on it today.
Moving Forward- As many of you are aware, this last summer we had an extremely low return of King Salmon
resulting in restrictions and river closures. This had an extremely adverse affect on my business. I have been working as
much as a can to get caught up not only with the borough but other creditors as well. I will be making every effort to
make sure that this is brought back into compliance as soon as possible. Being that I have a seasonal business my only
income is from the oilfield right now. I am not sure when exactly I will be able to pay it off because of the uncertain
schedule that I will have in the next few months. I respectfully ask that the board to table /postpone the vote until later
in the year so that I can be in compliance and there would be no issue.
Sincerely,
Steve Voth
1
To: City of Kenai, Planning and Zoning Commission, February 13th, 2013 meeting
From: Jim Richardson, 1015 Angler Drive
Re: Comments on proposed multi -use land use designation for Angler Drive and Revocatign°liearfng
for Capt. Bligh's Beaver Creek Lodge
Date: February 13, 2013
1. Comments on Proposal to Rezone Angler Drive
I have attended and participated in several public hearings regarding aspects of the proposed 1
Comprehensive Plan, most specifically on the proposal to change the land use designation for Angler
Drive from rural residential to multi -use, further allowing commercial developments and high- density
residential developments within this fragile landscape. (believe this proposal is poor land use policy for
the City of Kenai. I am extremely disappointed that the Planning and Zoning Commission members
persist with this proposal despite a great deal of public comments and other information received that
have demonstrated it is the wrong choice and detrimental to the area.
It is not clear what the driving force behind the Planning and Zoning Commission is to support this
change. The Commission members have:
• Heard from numerous residents and property owners that they are not in favor of this change
and believe it will have an adverse impact upon their families
• Heard and read public testimony that the fisheries resources of the Kenai River, including King
salmon, sockeye salmon and coho salmon, have been in a period of cyclical decline in
abundance since 2006. Fisheries scientists are not able to say when this declining cycle will
change, but at the October ADF &G- sponsored symposium on King salmon, scientists suggested
that the problem is due to long -term oceanographic conditions that may last for the next 10
years or could last as long as 80 years. The guide and lodge businesses that the City of Kenai
believes to be a good use of properties along Angler Drive depend on salmon abundance, and
have been a period of decline themselves since 2007.
• Received information and testimony that making this land use decision will mean a loss of future
productivity and water quality for the Kenai River. While the area affected may seem small,
what we have learned over the past 25 years is the very high importance of the lower river
wetlands areas as rearing and spawning areas for several species of salmon and anadromous
species. In addition, wildlife that depends on the lower river wetlands habitat, such as
migratory waterfowl and bears, will also be negatively impacted.
Twenty years ago, researchers from the Alaska Department of Fish & Game studied all reaches
of the river, and let the public know that high use developments along the critical Kenai River
streambanks will absolutely result in a loss of productivity for salmon and other species. In
response to this and other information, the Alaska State Parks Kenai River Management plan
specifically recommends against commercial development or high density residential
development along the Kenai River. Every loss of Kenai habitat is important, and the effect of
each loss is cumulative.
Not heard what commercial or high- density developments would be allowed along Angler Drive.
This has not been specifically defined by the City. At the November P &Z work session, Marilyn
Kebschull said that she would determine what would and would not be allowed. I submit that
allowing one person to be the sole arbitrator of development issues affecting many property
owners, families as well as fish and wildlife along the Kenai is not responsible public property,
and could result in coercion due to insufficient oversight and control.
The residents of Kenai and the property owners along the Kenai River know that their future economic
livelihood is closely tied to the health of the Kenai River and the productivity of its waters. For some
reason, the Planning and Zoning Commission members do not have this same appreciation.
I have been a professional economist in Alaska for over 30 years and am considered an expert in
fisheries economics and the Kenai River watershed. I believe it is short- sighted for the Planning and
Zoning Commission to support and action with known detrimental effects to the Kenai fish and wildlife
populations that the future economic success of the area is dependent upon.
2. Comments on hearing on Conditional Use Permit for Capt. Bligh's Beaver Creek Lodge
One assembly member from the City of Kenai has publically stated that his support for the proposed
change in land use designation for Angler Drive is due to frustration in having to deal with problems
associated with businesses previously given a conditional use permit by the Planning and Zoning
Commission. Since the City permitted these uses in a residential area, the logic of abandoning their
responsibility to deal with these problems in the future is ridiculous.
The permit being reviewed tonight is a case in point. This property was initially owned by an Alaskan
family that purchased the property after it was subdivided in the 1970's. They in turn sold it to two
California physicians, who leased the lodge and guide business out to the original operator in the late
1980's. It has successively been leased out to a number of operators, none of whom own the property
nor have a long -term interest in being a responsible member of the neighborhoods in the City by
retaining the rural residential designation with grandfathered rights for currently operating in good
standing.
The Planning and Zoning Commission allowed the business to expand from its original building to
include rentals of a second building, against the public testimony of a number of residents of the
neighborhood that had been impacted by its operation. The Planning and Zoning Commission took no
action on reported water quality violations over the years, directly adjacent to the Kenai River. The
business has been allowed to continue despite garbage hygiene issues that resulted in attracting bears
to the area, three of which had to be killed by City police officers. The business has been allowed to
continue despite numerous call outs for City police to deal with gun shots within the City limits.
Regardless of what action you take with respect to this revocation review, this business is not viable
under the current salmon abundance situation on the Kenai River.
For all of the reasons described above, I again request that the Planning and Zoning Commission
members abandon the proposed land use designation for Angler Drive, and instead support the goal of
making it one of the best neighborhoods in the City.
Thank you for the opportunity to comment.
7A
1IIV'�laye wtM a Past, Ci� with a Futrtre
�r1 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 a
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllli
1992
tl7ecfy0f
KENO AL SKA
MEMOS
TO: Planning & Zoning Commission
FROM: Pancy Carver, Planning Assistant
DATE: March 4, 2013
SUBJECT: Lease Application — Buccaneer Alaska Operations, LLC — 700
Marathon Road — Lot 8, Kenai Industrial Park Subdivision
(Preliminary Plat)
The City of Kenai has received a lease application from Buccaneer Alaska
Operations, LLC (Buccaneer). As outlined in KMC 21.10.060, the application is
being referred to the Commission to review and determine if the application is
complete, meets the zoning ordinance and the Comprehensive Plan.
Attached is a memo from the City Manager's assistant explaining that the lease
is being submitted for a Natural Gas Production Facility. Initial production
facilities have been installed under a Special Use Permit (SUP) for a portion of
the referenced property. The SUP will expire on February 28, 2014.
The property is zoned Light Industrial (IL). "The IL Zone is designed to provide
for the development of industrial and commercial uses which are usually
compatible and which are of a type which has no nuisance effects upon
surrounding property, or which may be controlled to prevent any nuisance effects
upon surrounding property. New residential uses and other non - industrial uses,
except as otherwise provided in this chapter, are not permitted in this zone as
principal uses because it is intended that land classified in this zone be reserved
for industrial and commercial purposes, and because the IL zone is not suited to
the excluded uses."
Gas manufacturing /storage is provided for as a conditional use in this zone
provided that all applicable safety and fire regulations are met. On
January 26, 2011, The Planning and Zoning Commission approved a Conditional
Use Permit to Buccaneer for a Natural Gas Production Facility. Oil and Gas
wells must comply with the conditions of KMC 5.35.
Lease Application — Buccaneer Alaska Operations, LLC
Lot 8, Kenai Industrial Park Subdivision (Preliminary Plat)
Page 2
The Comprehensive Plan classifies the property as Airport Industrial. 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 property is located outside of the Airport
Reserve and not identified as needed for future airport operations. Funding from
the lease of airport properties supports airport operations. The proposed facility
is in harmony with the Comprehensive Plan.
The application appears to be complete, and the proposed assignment conforms
with the Comprehensive Plan and zoning.
DOES THE COMMISSION RECOMMEND THE CITY PROCEED WITH THE
LEASE WITH BUCCANEER ALASKA OPERATIONS, LLC, LOT 8, KENAI
INDUSTRIAL PARK SUBDIVISION (PRELIMINARY PLAT)?
Attachments
cc: Mary Bondurant, Airport Manager, City of Kenai
LWA
MEMO*
"Village wick a Past, Gc�y wdk a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Marilyn Kebschull, City Planner
FROM: Christine Cunningham, Assistant to City Manager `'AI
DATE: March 4, 2013
Krnai
l�
AXAmvkaCn{
'VIII
2011
SUBJECT: Lease Application — Buccaneer Alaska Operations, LLC, Lot 8, Kenai
Industrial Park Subdivision Preliminary Plat
Attached is a lease application for the referenced Airport property located outside the
Airport Reserve. Buccaneer Alaska Operations, LLC (Buccaneer) wishes to lease the
property for a Natural Gas Production Facility. Initial production facilities have been
installed under Buccaneer's Special Use Permit (SUP) for a portion of the referenced
property. The SUP is scheduled to expire February 28, 2014. Future drilling and
additional facilities depicted in the attached site plan may occur over the life of the lease.
The property was originally conveyed to the City of Kenai by Quitclaim Deed dated
December 1, 1963. The Deed contains restrictions that require the written consent of the
Federal Aviation Administration (FAA) if the property is to be used for other than airport
purposes. The City has formally requested a release from the FAA for this property as
well as other lands identified in the Kenai Industrial Park Subdivision.
Buccaneer Alaska Operations, LLC has submitted the filing fee and applicable appraisal
deposit and is in compliance with the City and Borough. My recommendation is for
approval of the lease application subject to the Federal Aviation Administration's release
of the property for non - aviation utilization. Please schedule the application for review at
the next meeting of the Planning & Zoning Commission.
cc: Rick Koch, City Manager
Mary Bondurant, Airport Manager
Mark Landt, Buccaneer Alaska Operations, LLC
Attachments
AMENDED 3/1/13
CITY OF KENAI
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
(907) 283 -7535 Ext. 223
LEASE APPLICATION
For Land Outside the Kenai Municipal Airport Reserve
1. Name of Applicant
FOR CITY USE ONLY
Dale 19
Signature Li y
Received
MAR 4 2013
2. Business Name Buccaneer Alaska 0ygrglions- LLC
3. Business Type (circle one) sole proprietor yptnaTShtp crocporaz on X L.L.c. 4. AK Business License No,951676
5. Mailing Address 952 Echo Lane, Houston. Texas 77450
6. Telephone (713) 468 -1678 7. Email Address mlandt4buccaneeralaska com
8. Kenai Peninsula Borough Sales Tax No. (if applicable) __ ii OL1 1 e7P
9. Land Requested:
If platted, give legal description See lat) A portion of T6N_ RI 1 W. Section 33 Seward Meredian Be W/1/2 lying
North of Kenai Sour Hwy excluding Baron Fark Subdivision No 7.& No 12-700 Marathon Road
If not platted, attach a site plan showing the proposed dimensions and location on the Airport.
10. Proposed Use of the Property (Be specific) Natural Gas Production Facility (Gas Manufacturer /Storage)
11. Lease Term Desired 2-0 years
12. 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. Production eguipmem will be enclosed in a single
one to two story structure. In addition to a temporary drilling rig equiment includes multiple welWead suuctutes
separators, dehydrators, produced water storage tanks compressors and emergency Unerajors,
c. Construction beginning date Febbni ry 2011
d. Construction completion date (maximum of two years) Initial production facilities have been installed Future
drilling and additional facilities may occur over life of lease
e. Estimated total cost of the proposed development do improvements 12MM
14. 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 SIGN
Printed name:
APPLICANT'S SIGNATURE:
Printed name:
/C dl j
3/1/13
Date:
Page 1 of 6 1/4/2012
KENAI MUNICIPAL AIRPORT
Lease Application for
Land Outside the Kenai Municipal Airport Reserve
DEVELOPMENT PLAN CHECKLIST
(All items must be included before a lease application will be accepted.)
A DEVELOPMENT PLAN MUST INCLUDE A DRAWING AND A NARRATIVE.
1. Drawings must be drawn to scale, but need not be prepared by an architect or engineer. Drawings
must show the following:
Attached drawing shows the pad area with notes provided in sections below as appropriate.
a. The layout of the lot showing the height(s), size(s) and location(s) of all
➢ Existing buildings
Office /Control Building (approx. 10' x 40'x 8' high)
Parts Building (approx. 10' x 40'x 8' high)
Heater Building (approx. 10'x 40'x 8' high)
Two Separator Buildings (approx. 10'x 10'x 10' high)
Glycol Building (approx. 15'x 30'x 10 ft high)
Produced Water Tank (approx. 20' diameter x 15' high)
Produced Water Tank (approx. 10' x 40'x 8' high)
Wellhead covers on 2 producing gas wells (KL 41, KL #4) (15' dia, x 20' high)
Wellhead cover on 1 non producing well (KL #3) (15' dia. x 20' high)
➢ Proposed buildings
Possible up to 4 new wellhead covers on potential new wells
Possible 4 new Heater Building for on potential new wells
Possible new pump house ifnon producing well (KL #3) is converted to injection well.
➢ Existing and proposed antennas, poles, and towers
Flare Stack (approx. 60' high)
b. Parking facilities (location and number of spaces)
Production parking at bull rail on east side of Office /Control Bldg. (15 spaces)
Drilling parking at portable bull rail next to portable rig /office structures (20 spaces)
c. Site improvements
➢ Areas to be cleared and method of disposal
Area cleared in 2011. Mulched trees and overburden was hauled to offsite for disposal
At a private material site. Some Overburden used to create berms around pad Gravel
from local source used to fall cleared excavated area.
➢ Proposed gravel or paved areas
Entire pad area is constructed ofgravel fall over natural sandy soil.
i at Page 2 of 6 2/14/2013
3/1/13
Landscaping plan (retention of natural vegetation and /or
proposed planting areas)
Minor revegetation used for cleared non pad areas and berm areas.
d. Building set backs
All buildings at least 20' from property line
e. Drainage plan and snow storage areas
Pad is graded to east side ofpad and drainage is collected in a retention basin (approx.
15'x' 40' x 3' deep). Snow is stockpiled on northern and eastern margin ofpad.
f. Traffic circulation plan (all entrances, exits and on -site access)
Main pad entrance and exit is at northwest corner of the pad; the access has a portable
guard shed and motor operated locking gate. An alternate access is on the southwest
corner of the pad and this also had a locking gate that is normally closed.
g. Location of sign(s) — (sign permit required before installation)
Signage is located at the main gate and on all well heads.
h. Fencing — (permit required before installation if height exceeds 6 feet)
The pad is surrounded by a 6' high chain link-fence with two locking gates.
i. Curb cuts (where applicable)
Not applicable.
2. Narrative must explain how your proposed use and development of the property will conform with:
a. the zoning ordinance of the City
Area is currently zoned airport industrial, Airport activities may include high noise levels from
aircraft activities. These same type of noises maybe present during periods actual drilling operations
are underway. Once these activities are completed, activities will be limited to a light industrial
operation which is the general zoning for the immediate area There will be minimal manpower
requirements for the production operations.
b. the comprehensive plan of the City
• The proposed operations will initially include exploration drilling operations and then possibly
development operations.
• The site was examined by an Archaeologist and there was no evidence found ofhistorical or cultural
resources on the site.
• There were no wetlands found on the site to be developed. A separation of at least 50 feet will be
maintained from wetland areas to the immediate east of the site.
• An EPA approved Class I Non - Hazardous Waste Disposal Well may be used for deep injection of
liquid wastes.
• All other wastes would be hauled offsite for disposal at approved sites.
• Air emissions would be permitted under ADEC regulations. Air emissions are expected to be minimal
from the limited surface equipment.
• The operations will be surrounded by a fence and locked gate.
• Fire and gas sensors will be installed onsite and monitored continuously.
• Sound barriers will be installed as appropriate.
Page 3 of 6 2/14/2013
KENAI MUNICIPAL AIRPORT
Lease Application for
Land Outside the Kenai Municipal Airport Reserve
SITE PLAN CHECKLIST
(This Site Plan is only required when the land requested by the applicant is not a platted lot or tract.)
A Site Plan must be drawn to scale, but need not be prepared by an architect or engineer. The Site Plan must
show the following:
1. The length of each side of the proposed lot
Shown on drawing.
2. The approximate bearing of each side of the proposed lot
Shown on drawing.
3. The approximate distance
➢ To any adjacent platted property, if within 200 feet
Buccaneer understands the area is currently being replatted per attached
➢ To the Airport Reserve boundary, if within 200 feet
Buccaneer understands the area is currently being replatted per attached.
➢ To the centerline of the nearest public road or street
Marathon Road ROW and shoulders are shown on drawing.
4. A North arrow giving the approximate orientation of the
proposed lot to True North
Shown on drawing.
Page 4 of 6 2/14/2013
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/14/2013
M
11VI'11a9e with a Past, Cl with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -01
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: BUCCANEER ALASKA OPERATIONS LLC
USE: NATURAL GAS PRODUCTION FACILITY (Gas Manufacturer /Stora e)
LOCATED. A PORTION OF T 6N R 11 W SECTION 33 SEWARD MERIDIAN THE WI /2
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04501029
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: January 5, 2011
2. This request is on land zoned: IL— Light Industrial
3. That the applicant has demonstrated with plans and other documents that they can and will meet the
following specific requirements and conditions in addition to existing requirements:
a. All permits required from City, State, and Federal agencies must be approved prior to
construction of the facility.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on:
January 26 2011.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED
GAS MANUFACTURE /STORAGF FACILITY MEETS THE CONDITIONS REQUIRED FOR
SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, JANUARY 26 2011.
CHAIRPERSO ATTEST
/ "
CITY OF KENAI
DRILLING PERMIT
The CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611, for consideration and
pursuant to, and in conformity with KMC 5.3 5, incorporated herein by reference, and in
accordance with the request by letter of application from BUCCANEER ALASKA
OPERATIONS, LLC, 952 Echo Lane, Suite 420, Houston, Texas 77024 dated June 1,
2012, does hereby issue this drilling permit for an oil and/or gas well (Kenai Loop Well #4)
effective on the date of execution hereof.
A. WELL LOCATION: Property Tax ID No. 045- 010 -29 located at 700 Marathon Road,
T6N, RI 1 W, Section 33, Seward Meridian (as described in Attachment A)
B. LENGTH OF PERMIT: The term of such permit shall be for a period of one (1) year
from the date of the permit and as long thereafter as the permittee is engaged in drilling
operations with no cessations of such operations for more than 120 days, or as oil or gas
is produced in commercial quantities from the well drilled pursuant to such permit,
provided that, if at any time after discovery of oil or gas, the production thereof in
commercial quantities shall cease, the term shall not terminate if the permittee
commences additional reworking operation within 120 days or within any extended
periods granted by the City Manager pursuant to KMC 5.35.060,
C. TYPE OF DERRICK: Glacier Drilling Rig I
D. CONDITIONS: Conditions of KMC 5.35 are hereby incorporated herein by reference as
conditions of this permit.
E. DEPTH OF WELL: Total proposed depth of the well is 11,500 feet true vertical depth.
F. INVALIDITY: In the event any tern or condition of this permit is determined to be
invalid, this permit shall, as to its remaining terms and conditions, remain in full force
and effect.
DATED this Iq of June, 2012.
Y NAI
ck . Koch
City Manager
State of Alaska )
ss
Third Judicial District )
The foregoing instrument was acknowledged before me this (1 day of Ju_ N�
2012, by Rick R. Koch, City Manager for the City of Kenai.
a ®'�9°`•. Notary Public of Alaska
My Commission Expires: w/Y
AM
ANALYSIS
KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically
listed in the code as a permitted home occupation. The applicant is aware the code allows her to
watch up to eight children, including her own from this residence. On July 27, 2011, the
Commission approved PZI1 -29, for a Home Occupation Permit that allowed the applicant to
operate a daycare from 700 Poplar Circle. No complaints have been received against this
applicant. The floor plan is the same sent to the state for licensing approval.
A fire inspection was conducted on the residence on March 12, 2013. If the day care is still in
operation, a follow -up will be required on March 12, 2015. The proposed day care meets the
requirements for a home occupation.
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZI3 -13
2. Application
4. Drawings
STAFF REPORT
To: Planning & Zoning Commission
Date: March 11, 2013 Res: PZ13 -13
GENERAL INFORMATION
Applicant:
Danielle Edwards -Dean 398 -3147
dba Danielle's Daycare
619 Cedar Drive
Kenai, Alaska 99611
Requested Action:
Home Occupation — Daycare
Legal Description:
Lot 10, Block B, Woodland Subdivision Part 1
Street Address:
619 Cedar Drive
KPB Parcel No.:
04325010
Existing Zoning:
RS — Suburban Residential
Current Land Use:
Residential
Land Use Plan:
Neighborhood Residential
ANALYSIS
KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically
listed in the code as a permitted home occupation. The applicant is aware the code allows her to
watch up to eight children, including her own from this residence. On July 27, 2011, the
Commission approved PZI1 -29, for a Home Occupation Permit that allowed the applicant to
operate a daycare from 700 Poplar Circle. No complaints have been received against this
applicant. The floor plan is the same sent to the state for licensing approval.
A fire inspection was conducted on the residence on March 12, 2013. If the day care is still in
operation, a follow -up will be required on March 12, 2015. The proposed day care meets the
requirements for a home occupation.
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZI3 -13
2. Application
4. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -13
ttieuyof HOME OCCUPATION PERMIT
veuwnnoon
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Home Daycare
(Type of Permit)
OPERATED BY: Danielle Edwards -Dean dba Danielle's Daycare
LOCATED: 619 Cedar Drive, Lot 10, Block B, Woodland Subdivision Partl
KENAI PENINSULA BOROUGH PARCEL NO: 04325010
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and
received on March 11, 2013.
2. That the application has been reviewed by the Commission at their meeting of
March 27, 2013, and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and
will meet the requirements and conditions as specified.
That the following additional requirements have been established by the Commission
as a condition of permit issuance:
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development meets
the conditions required for said proposal and therefore the Commission authorizes the
permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 27th
day of March 2013.
Chairman:
ATTEST:
V
"Village with a Past, Ci� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 9961 -
Telephone: 907 - 283 -7535 / Fax: 907 -28 -3016m �f+ :'
www.ci.kenai.ak.us r run
APPLICATION FOR
HOME OCCUPATION PERMIT
KMC 14.20.230
e. 2-- 11 -1 -2,
MAR 11
PLANNING D'PAa MC`T
OWNER
Name: P � 'xroc --
s•r3
PETITIONER REPRESENTATIVE (IF ANY)
Name:
Mailing Address: is f d f
(
Mailin Address:
6L tOt &
Phone Number: 3
Phone Number:
Fax Number:
Fax Number:
Email:
4--7
Email:
PROPERTY INFO TION
Property Tax ID #:
Site Street Address: C ,- )_,,i
f}�
Current Legal Description: L O
j4
"
Home Occupation Requested For. (Describe the project, and use additional sheets if necessary)
Zoning:
Acreage:
w < I10
Required Attachments: Completed Application Form
Site Plan/Floor Plan with Square Footage
KPB Tax Compliance (if applicable)
State Business License if applicable)
AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT:
i nereby cermy mat ti am) (i nave been authorized to act for) owner of the property described above and that I
petition for a home occupation permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative
reasons. I understand that a site visit may he repaired t.. to:. �:.., ,.r v..__: ------ _
Date: Signature:
must provide written proof of authorization
10/20/2010 Pagel of 3
HOME OCCUPATION STANDARD C 14.20.230
Home Occupations specifies that a permit is required for operating a business out of a home. Home
Occupations are considered an accessory use and conducted so that the average neighbor, under normal
circumstances would not be aware of its existence other than for a sign as permitted in this chapter.
1. Permitted Use: describe business
a. Not more than one (1) person outside the family shall be employed:
b. No more than thirty percent (30 1/6) of the gross floor area of all building on the lot shall be used
for the Home Occupation:
q-e 5
c. The Home Occupation shall be carried on wholly within the principal building, or other buildings
which are accessory thereto. Any building used for a Home Occupation shall be wholly
enclosed.
�S
Day care facilities shall be inspected by the Fire marshal for compliance with the fire code (KMC 8.05)
prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire marshal.
Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the
facilities' home occupation permit.
Residences which are the subject of a home occupation permit application (other than day care facilities)
may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8,05) prior
to approval of the permit, if the Fire Marshal determines it is necessary for public safety.
10/20/2010 Page 2 of 3
• Commercial auto and boat repair.
• Commercial kennels or similar uses.
• Convalescent homes for the care of more than two (2) patients.
• Mortuaries.
• Private schools with organized classes.
• Real estate office.
LAND USE
Describe current use of property covered by this application:
c c uw-
Surrounding property: (Describe how land adjacenl to the property is currently being used)
North: IC i CL3 a
South:
C, OJ I I
East:
West:
10/20/2010 Page 3 of 3
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ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MARCH 6, 2013
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
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)
Stephanie Queen, City of Soldotna Planning & Community Development Director
— Soldotna's Storefront Improvement Program
2. Mark Schrag, Kenai Resident — Guidelines for Public Testimony
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)
AMENDED /POSTPONED FOR 90 DAYS (JUNE 19 MEETING) /DIRECTED
ADMINISTRATION TO DRAFT A SUBSTITUTE ORDINANCE USING THE
CURRENT KENNEL LICENSE APPLICATION PROCESS AS TEMPLATE.
Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a
Small Number of Chicken Hens in the City and Amending Setback Requirements
for Chicken Containment Structures.
[Clerk's Note: At its November 21, 2012 meeting, Council postponed
Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance
was referred to the Planning and Zoning Commission to conduct a review
and public hearings. Motion to enact is on the floor.]
2. ENACTED UNANIMOUSLY. Ordinance No. 2679 -2013 — Increasing Estimated
Revenues and Appropriations by $47,625 in the General Fund and by $30,000 in
the Personal Use Fishery Capital Project Fund.
ENACTED UNANIMOUSLY. Ordinance No. 2680 -2013 — Increasing Estimated
Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital
Project Fund for a Personal Use Fishery Grant from the State of Alaska.
E. MINUTES
1. APPROVED BY CONSENT AGENDA. `Regular Meeting of February 20, 2013
2. APPROVED BY CONSENT AGENDA *Work Session Notes of February 26, 2013
(Draft Comprehensive Plan)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED UNANIMOUSLY, Action /Approval — Bills to be Ratified
2. APPROVED UNANIMOUSLY. Action /Approval — Purchase Orders Exceeding
$15,000
3. DIRECTED CLERK TO FORWARD NON- OBJECTION LETTER TO ABC
BOARD. Action /Approval — Protest of Liquor License Renewal for Applicant
Roy Dale Howard, d /b /a Kenai Joe's, License No, 626
4. NO ACTION TAKEN. Discussion /Action — Schedule Additional Public Process
for Public and Council on Review /Action on Draft Comprehensive Plan.
5. INTRODUCED /PUBLIC HEARINGS SCHEDULED ON MARCH 20 & APRIL 3.
*Ordinance No. 2681 -2013 — Approving and Adopting a Revised
Comprehensive Plan for the City of Kenai and Recommending Adoption by the
Kenai Peninsula Borough.
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
8. Mini -Grant Steering Committee
REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
DIRECTED CITY MANAGER & MAYOR TO SUBMIT LETTER OF SUPPORT
TO ALASKA BOARD OF FISHERIES SUPPORTING FINAL
City of Kenai Council Meeting Agenda Page 2 of 3
March 6, 2013
RECOMMENDATIONS FOR PROPOSAL 249 OF THE UPPER COOK INLET
BOARD OF FISHERIES TASK FORCE.
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 — None
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Correspondence from Kenai River Special Management Area Advisory Board
Regarding Proposed Changes in the Draft Comprehensive Plan.
The agenda and supporting documents are posted on the City's website at
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 3 of 3
March 6, 2013
ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MARCH 20, 2013
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
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)
COUNCIL VOTED UNANIMOUSLY TO DONATE $500 TO THE KENAI
PENINSULA HOCKEY ASSOCIATION TO ASSIST THE ICE HAWKS HOCKEY
TEAM IN ATTENDING THE NATIONAL CHAMPIONSHIP IN DETROIT,
MICHIGAN.
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker,• thirty
(30) minutes aggregated)
1. POSTPONED UNTIL 413, WORK SESSION SCHEDULED 3129, 6P -9P.
Ordinance No. 2681 -2013 — Approving and Adopting a Revised Comprehensive
Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula
Borough. (Clerk's Note: Additional public hearing is scheduled on April 3, 2013.)
2. ADOPTED UNANIMOUSLY. Resolution No. 2013 -13 — Accepting a Grant
Award from the State of Alaska, Department of Environmental Conservation —
Division of Water in the Amount of $1,878,800 and Requiring a Local Match of
$805,200 for a Project Entitled "Water Transmission Mains Phase IV (MMG#
47553)."
3. ADOPTED UNANIMOUSLY. Resolution No. 2013 -14 — Authorizing the
Purchase of a Municipal Tractor from Craig Taylor Equipment Company for the
Total Amount of $41,853.
E. MINUTES
1. APPROVED BY CONSENT AGENDA. *Regular Meeting of March 6, 2013
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. APPROVED UNANIMOUSLY. Action /Approval — Purchase Orders Exceeding
$15,000
2. APPROVED UNANIMOUSLY. Action /Approval — Fifth Amendment to Lease
between the City of Kenai and Snug Harbor Seafoods, Inc. Redetermining the
Rent Effective July 1, 2013 and Changing the Five -Year Cycle to Years Ending in
Zero (0) and Five(5) for City -Owned Lands Identified as Tract B, Kenai Tidelands
Survey No. 2
3. SCHEDULED ON 4/8, 6P. Action /Approval —Schedule a Work Session on April
3, 2013 at 5:30 p.m. for a Presentation and Discussion of Vintage Pointe Rents.
4. DIRECTED CITY CLERK TO FORWARD NON - OBJECTION LETTERS TO
ABC BOARD. Action /Approval — Non Objection to Liquor License Renewal(s):
• Don Jose's LLC, d /b /a Don Jose's Mexican Restaurant
• George Pitsilionis, d /b /a Pizza Paradisos
• Tesoro Northstore Company, d /b /a 2 Go Mart
• Carr - Gottstein Foods Co., d /b /a Oaken Keg Spirit Shop #1808
5. INTRODUCED /PUBLIC HEARING ON 413113. *Ordinance 2682 -2013 —
Increasing Estimated Revenues and Appropriations by $90,000 in the Airport
Fund and in the Airport Improvement Capital Project Fund for Required
Maintenance at the Airport's Automated Flight Service Station Pursuant to Terms
of the Lease Agreement for the Facility with the Federal Aviation Administration.
6. INTRODUCED /PUBLIC HEARING ON 413113. *Ordinance 2683 -2013 —
Increasing Estimated Revenues and Appropriations by $1,087.03 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 2 of 3
March 20, 2013
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
FY14 BUDGET WORK SESSION SCHEDULED ON 418 FOLLOWING THE
VINTAGE POINTE RENTS WORK SESSION.
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. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a
Small Number of Chicken Hens in the City and Amending Setback Requirements
for Chicken Containment Structures.
(Clerk's Note, At its March 6, 2013 meeting, Council postponed Ordinance
No. 2656 -2012 for 90 days and the ordinance was referred to administration.)
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
The agenda and supporting documents are posted on the City's website at
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 3 of 3
March 20, 2013
KENAI PENINSULA BOROUGH PLANNING COMMISSION 9B
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
March 11. 2013 - 7:30 P.M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
A.
CALL TO ORDER
Term Expires 2013
B.
ROLL CALL
Paulette Bokenko-
Carluccio
PC Member
C.
APPROVAL OF CONSENT AND REGULAR AGENDA
City of Seldovia
All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered
Term Expires 2015
routine and non - controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
Alice Joanne Collins
case the item will be removed from the consent agenda and considered in its normal sequence on the
PC Member
regular agenda.
Anchor Point/ Ninilchik
Term Expires 2013
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
Cindy Ecklund
wish to comment.
PC Member
City of Seward
*1. Time Extension Request
Term Expires 2014
Dr. Rick Foster
a. Eastview Subdivision No. 3 .............................. ..............................1
Parliamentarian
KPB File 2007 -251 [Johnson /Huhlmann, Mills]
Homer City
Location: East of Sterling Highway in Kasilof
Term Expires 2013
Mari Anne Gross
b. Hesketh Island Adventure Kleine -Olsen Addn. No. 2 ..................4
PC Member
KPB File 2005 -269 [Imhoff /Kleine]
Southwest Borough
Location: Hesketh Island in Kachemak Bay
Term Expires 2014
Sandra Key Holsten
-2. Planning Commission Resolutions - None
PC Member
East Peninsula
*3. Plats Granted Administrative Approval ....................... ..............................7
Term Expires 2013
James Isham
`4. Plats Granted Final Approval (20.04.070) - None
PC Member
Sterling
•5. Plat Amendment Request - None
Term Expires 2015
Harry Lockwood
'6. Commissioner Excused Absences
PC Member
Ridgeway
a. Paulette Bokenko- Carluccio, City of Seldovia
Term Expires 2013
Blair Martin
b. Alice Joanne Collins, Anchor Point / Ninilchik
Vice Chairman
Kalifornsky Beach
C. Robert Ruffner, Kasilof / Clam Gulch
Term Expires 2015
Paul Whitney
-7. Minutes
PC Member
City of Soldotna
a. February 25, 2013 Plat Committee Minutes
Term Expires 2014
Robert Ruffner
b. February 25, 2013 Planning Commission Minutes
PC Member
Kasilof /Clam Gulch
D.
PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
Term Expires 2015
(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
PUBLIC HEARINGS
Vacate the 33 -foot portion of the section line easement lying ..................9
along the west boundary of a deeded parcel described as Lots
One (1), Two (2), and Three (3), Johnson Subdivision (Plat KN
73 -56) and further described by a metes and bound description
within Statutory Warranty Deed recorded in Book 47 Page 107
Kenai Recording District. Said parcels are located within the NW
A SW A of Section 2, Township 6 North, Range 12 West, S.M.,
Alaska and within the Kenai Peninsula Borough. KPB File No.
2013 -004. Petitioner: Judith Queen of Kenai, Alaska. Location:
West of North Kenai Road
Vacate a portion of Funny River Road, a 50 -foot right -of- way ................ 29
adjacent to Tract C, a 80 -foot right -of -way adjacent to Tracts C
and D, and a portion of a 60 -foot right -of -way adjacent to Tracts
A and C all of which were dedicated by Soldotna Airport Property
Plat ( KN 1987 -74); and associated utility easement, and the 10-
foot utility easement on the east boundary of Lot 1B (Plat KN
2011 -22); and vacate the 30 -foot right -of- way along the south
boundary of Lot 1 and Tract D -2, dedicated by Soldotna Airport
Property West Addition (Plat KN 2007 -23); and vacate that
portion as described within Book 218 Page 193; within Section
33 and 34, Township 5 North, Range 10 West; Seward Meridian,
Alaska, within the City of Soldotna and the Kenai Peninsula
Borough. KPB File No. 2013 -032. Note: Alternate 80 -foot
ROW will be dedicated by separate plat. Petitioner: Mark
Dixson, for the City of Soldotna. Location: City of Soldotna
3. Ordinance 2013 -08; Amending KPB 21.18.030, Planning... ................... 63
Department's Reporting on Benefits and Effectiveness of KPB
Chapter 21.18.
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate a portion of the 5 -foot wide drainage easement along ................71
the east boundary of Lot 1 granted by Tamian Subdivision (Plat
HM 86 -87), and that a portion of the north 47 -feet will remain as
shown on Tamian Subdivision Lot 1 as -built survey plat showing
encroachments; all within Section 21, Township 6 South, Range
13 West, Seward Meridian, Alaska; City of Homer and within the
Kenai Peninsula Borough. KPB File 2013 -035 PC Resolution No.
2013 -06. Petitioner: Douglas W. Alaniva of Homer, Alaska.
Location: City of Homer
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 5 preliminary plats
K. OTHER /NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Kenai Planning & Zoning Commission Meeting Minutes., ........ ..........................80
- February 13, 2013
2. Seward Planning & Zoning Commission Meeting Minutes ..... .............................88
- February 5, 2013
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, March 25,
2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North
Binkley Street, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory
Meeting Location
Date
Time
Commission
Anchor Point
Anchor Point
Chamber of Commerce
March 19, 2013
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
April 6, 2013
6:00 P.M.
Hope / Sunrise
Hope Social Hall
April 7, 2013
7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907 - 714 -2200
Phone: toll free within the Borough 1- 800478 -4441, extension 2215
Fax: 907-714-2378
e -mail address: planning(cDborough.kenai.ak.us
web site: www. borough .kenai.ak.us /olanningdept
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. March 11, 2013
Tentative Agenda
A.
CALL TO ORDER
1EMBERS:
sari Anne Gross
B.
ROLL CALL
southwest Borough
.erm Expires 2014
C.
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
;andra Holsten
:ast Peninsula
1. Agenda
arm Expires 2013
2. Member /Alternate Excused Absences
ames ]sham
'terling
erm Expires 2015
3. Minutes
larry Lockwood
a. February 25, 2012 Plat Committee Minutes
tidgeway
.erm Expires 2013
D.
PUBLIC COMMENT
;lair Martin
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
alifornsky Beach
previous arrangements are made.)
'arm Expires 2015
,LTERNATES:
E.
SUBDIVISION PLAT PUBLIC HEARINGS
ason Tauriainen
1. Canyon Rim Park 2013 Replat
lorthwest Borough
'arm
KPB File 2013 -036 [Seabright/Fowler]
Expires 201 4
Location: City of Kachemak
2. Fleming Giles Estates 2013 Replat
KPB File 2013 -039 [Seabright/Gain, Stallings]
Location: City of Seldovia
3. Section Line Easement Vac Plat
T6N R1 2W Sec 2
KPB File 2013 -003 [Integrity /Queen]
Location: West of North Kenai Road in North Kenai
4. Goodman Subdivision
KPB File 2013 -040 [Johnson /Goodman]
Location: Caribou Hills area
5. Ferguson Subdivision No. 3
KPB File 2013 -041 [Johnson /Gordon]
Location: South of Funny River Rd. on Leann Ave.
F.
FINAL SUBDIVISION PLAT PUBLIC HEARING
G.
OTHER / NEW BUSINESS
H.
MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, March 25, 2013
at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North
Binkley Street, Soldotna 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: planninoC?borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planninadept
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. March 25, 2013
Tentative Agenda
A.
CALL TO ORDER
MEMBERS:
Mari Anne Gross
B.
ROLL CALL
Southwest Borough
Term Expires 2014
C.
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
Sandra Holston
East Peninsula
1. Agenda
Term Expires 2013
2. Member /Alternate Excused Absences
James sham
Sterling
Term Expires 2015
3. Minutes
Harry Lockwood
a. March 11, 2012 Plat Committee Minutes
Ridgeway
Term Expires 2013
D.
PUBLIC COMMENT
Blair Martin
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
Kalifornsky Beach
previous arrangements are made.)
Term Expires 2015
ALTERNATES:
E.
SUBDIVISION PLAT PUBLIC HEARINGS
Jason Taurialnen
1. Alaska State Land Survey No. 2010 -17
Northwest Borough
KPB File 2013 -043 [Sentec /KPB, DNR]
Term Expires 201 4
Location: On Kenai Lake in Cooper Landing
Cooper Landing APC
2. Parsons Lake Shores Sub No. 3
KPB File 2013 -044 [Segesser /Desjarlais]
Location: On Parsons Lake in North Kenai
3. Homewood Sub Jones Addition
KPB File 2013 -050 [Segesser /Jones]
Location: On Robinson Loop in Soldotna
4. Thompson Park 2013 Replat
KPB File 2013 -051 [Segesser /RPD]
Location: City of Kenai
5. Princess Lake Estates Phase 4
KPB File 2013 -052 [Segesser /Bangerter, Roper]
Location: Treasure Chest Ave in Kenai
6. Konovalof Lake Sub 2013 Addition
KPB 2013 -045 [Johnson /Wik]
Location: On Grayling Street in North Kenai
7. Glacier View Sub 2013 Replat
KPB 2013 -046 [Sea bright /Strydom]
Location: City of Homer
8. Moose Meadows Sub Stauffacher Addn.
KPB File 2013 -047 [Whitford /Stauffacher]
Location: On Whale of a Tail Ave. in Sterling
9. Moose Range Meadows 2013 Addn.
KPB File 2013 -048 [Integrity /Adams]
Location: On Keystone Drive in Soldotna
10. Ken's Corner No. 2
KPB File 2013 -049 [Integrity /Puch]
Location: On Veco Avenue in Kenai
11, Mommsen's Sub Aden. 1 Riley Replat
KPB File 2013 -053 [Eastham /Riley]
Location: City of Kenai
FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, April 8, 2013 at
the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley
Street, Soldotna 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(a)borough.kenai.ak.us
web site: www. borough .kenai.ak.us /glanningdept
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
March 25, 2013 - 7:30 P.M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
A.
CALL TO ORDER
Term Expires 2013
B.
ROLL CALL
Paulette eokenko-
Carluccio
PC Member
C.
APPROVAL OF CONSENT AND REGULAR AGENDA
City of Seldovia
Al items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered
Term Expires 2015
routine and non - controversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
Alice Joanne Collins
case the item will be removed from the consent agenda and considered in its normal sequence on the
PC Member
regular agenda.
Anchor Point/ Ninilchik
Term Expires 2013
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
Cindy Ecklund
wish to comment.
PC Member
City of Seward
'1. Time Extension Request
Term Expires 2014
Dr. Rick Foster
a. Christensen Tracts 2009 Addition
Parliamentarian
KPB File 2010 -024; Imhoff /Hough
Homer City
Location: City of Homer
Term Expires 2013
Mari Anne Gross
*2. Planning Commission Resolutions - None
PC Member
Southwest Borough
*3. Plats Granted Administrative Approval
Term Expires 2014
Sandra Key Holston
*4. Plats Granted Final Approval (20.04.070)
PC Member
East Peninsula
*5. Plat Amendment Request - None
Term Expires 2013
James Isham
*6. Commissioner Excused Absences
PC Member
Sterling
a. Paulette Bokenko - Carluccio, City of Seldovia
Term Expires 2015
Harry Lockwood
b.. Alice Joanne Collins, Anchor Point / Ninilchik
PC Member
Ridgeway
*7. Minutes
Term Expires 2013
Blair Martin
a. February 25, 2013 Plat Committee Minutes
Vice Chairman
Kalifomsky Beach
b. February 25, 2013 Planning Commission Minutes
Term Expires 2015
Paul Whitney
D.
PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS
PC Member
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
City of Soldotna
previous arrangements are made.)
Term Expires 2014
E.
UNFINISHED BUSINESS
Robert Ruffner
PC Member
Kasilof /Clam Gulch
F.
PUBLIC HEARINGS
Term Expires 2015
1. Vacate a public use right of way and access easements within Government
Lots 33, 34 and 35. Vacate the 30 -foot strip along the northerly boundary of
Government Lot 34 as described and recorded in Book 38 Page 12; and
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2014
Max J, Best
Planning Director
Mike Navarre
Borough Mayor
vacate the 30 -foot strip lying along the north boundary of Lot 35 as described
and recorded in Book 38 Page 47; and vacate the 15 -foot access easement
along the south boundary of Government Lot 33 as described and recorded
in Book 47 Page 150 within the Kenai Recording District; all within Section 6,
Township 5 North, Range 11 West, Seward Meridian, Alaska; within the City
of Kenai and the Kenai Peninsula Borough. KPB File 2013 -033. Petitioners:
John J. Williams on behalf of the Archdiocese of Anchorage, and Sid Strauss
for Strauss Capital Real Estate, LLC of Kenai, Alaska. Location: City of
Kenai
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
SPECIAL CONSIDERATIONS
Review of February 11, 2013 Plat Committee Conditional Preliminary
Approval of the 30 -foot right of way dedication requirement on Tenakee
Loop. Providence Place Subdivision
KPB File 2012 -025 [Integrity /Olson]
Location: On Island Lake Road in North Kenai
J. SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 11 preliminary plats
K. OTHER /NEW BUSINESS
New Plat Committee — April, May & June 2013
(5 Members / 2 Alternates)
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April 8,
2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North
Binkley Street, Soldotna, Alaska at 7:30 p.m.
Advisory
Commission
Anchor Point
Cooper Landing
ADVISORY PLANNING COMMISSION MEETINGS
Meeting Location I Date
Anchor
Community
2, 2013
April 3, 2013
Time
7:00 p.m.
6:00 p.m.
Hope / Sunrise Hope Social Hall April 4, 2013 7:00 p.m,
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907 - 714 -2200
Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215
Fax: 907-714-2378
e -mail address: planninq(a)borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept