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Home My WebLink About2013-04-24 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 24, 2013 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences • Commissioner 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 normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 10, 2013 3. SCHEDULED PUBLIC COMMENT: (]0 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ13 -09 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.24.020 General Requirements - Development Requirements Table by altering setback requirements for residential uses, and merging KMC 14.24.030, Addendum to Development Requirements Table, into KMC 14.24.020 and deleting KMC 14.24. 030 ................................................................... ............................... 7 b. PZ13 -19 — An application for an Encroachment Permit for front yard setbacks (3.8' and 1.09' into the 25' front yard setback) for the property known as Lot 6, Block 10, Inlet Woods Subdivision, Part 1 (1560 Meander Lane). Application submitted by Clint D. Hall, P.O. Box 2829, Kenai, Alaska.................................................................................................... ............................... 19 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council ........................................................................................... ............................... 31 b. Borough Planning ............................................. ............................... ..........35 .............................. c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai River Center Project —Kenai Landing Boat Launch / Ramp ................... ............................... 40 b. Commissioner Smith's email requesting excused absence .............................. ............................... 57 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 8, 2013 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: M CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 10, 2013 — 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES 1. CALL TO ORDER Vice Chair Knackstedt called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Vice Chair Knackstedt 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 Vice Chair Knackstedt, K. Peterson, C. Smith, P. Bryson, B. Shiflea J. Twait (excused), J. Arness (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member T. Navarre, Deputy City Clerk C. Hall Knackstedt read the following changes to the agenda: Add: Amended Agenda 11 -f: Excused Absence Request from J. Arness and J. Twait 11 -g: Code Enforcement Report— First Quarter 2013 Add To: 7 -c: Corrected Resolution and Ordinance MOTION: Commissioner Peterson MOVED to approve the agenda as amended and Commissioner Shiflea SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Smith MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. G. *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 —March 27, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS — None. 5. PUBLIC HEARINGS a. PZ13 -12 —A resolution of the Kenai Planning and Zoning Commission recommending the Kenai City Council adopt amendments to the Kenai Municipal Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to allow Accessory Structures to be placed, by Conditional Use, on residential parcels that do not have a main building or use if the same owner owns an adjacent residential parcel. Planning Assistant Carver reviewed the staff report included in the packet and recommended approval. MOTION: Commissioner Shiflea MOVED to approve PZ13 -12 and Commissioner Peterson SECONDED the motion. Knackstedt opened the meeting to public hearing. Brian Gabriel, 2305 Watergate Way — Council Member Gabriel reviewed the history of the issue and offered to answer questions. Kebschull reported conditional use permits were verified annually. VOTE: Commissioners voting YEA: Knackstedt, Peterson, Smith, Bryson, Shiflea Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS —None. 7. NEW BUSINESS PLANNING AND ZONING COMMISSION MEETING APRIL 10, 2013 PAGE 2 2 a. PZ13.09 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.24.020 General Requirements - Development Requirements Table by altering setback requirements for residential uses, and merging KMC 14.24.030 into KMC 14.24.020 and deleting KMC 14.24.030.(Discussion /Schedule public hearing) Carver reviewed the staff report included in the packet and requested a public hearing be set for April 24, 2013. MOTION: Commissioner Shiflea MOVED to hold a public hearing on PZ13 -09 on April 24, 2013 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED b. PZ13 -15 (PZ10 -43) — Application to transfer a Conditional Use Permit for Short -Term Rentals — Courtyard Gardens for the property known as 412 N. Forest Drive, Govt. Lot 15. Submitted by Michael Mroczynski, P. O. Box 235, Girdwood, AK 99587. Carver reviewed the staff report included in the packet, noting the conditional use permit would be transferred to the new owner of the property and the following criteria needed to be met: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood will not be significantly impaired. 3. The proposed use is in harmony with the Comprehensive Plan. 4. Public services and facilities are adequate to serve the proposed use. 5. The proposed use will not be 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. u• •k Commissioner Peterson MOVED to approve PZ13 -15 with the following contingencies: 1. Register with the Kenai Peninsula Borough Sales Tax Department and collect sales tax. 2. Provide proof of State of Alaska Business license. Commissioner Bryson SECONDED the motion. VOTE: Commissioners voting YEA: Knackstedt, Peterson, Smith, Bryson, Shiflea Commissioners voting NAY: PLANNING AND ZONING COMMISSION MEETING APRIL 10, 2013 PAGE 3 MOTION PASSED UNANIMOUSLY, C. PZ13 -16 — A resolution of the Kenai Planning & Zoning Commission recommending the Council of the City of Kenai rename Tustemena Street to Screech Owl Street. (Discussion /Schedule public hearing) Carver reviewed the staff report included in the packet and general discussion occurred. No action was taken. 8. PENDING ITEMS — None. 9. REPORTS a. City Council — Council Member Navarre reviewed the action agenda of the April 3 Council meeting included in the packet. b. Borough Planning — Commissioner Bryson reported the Borough Planning Commission meeting had been cancelled. C. Administration — Carver noted she would be in Chicago for a conference next week and thanked Kebschull for all her work in the Planning Department. 10. PERSONS PRESENT NOT SCHEDULED — None. 11. INFORMATION ITEMS a. PZ13 -17 — Landscape /Site Plan — City of Kenai, Maintenance Shop, 550 Daubenspeck Circle, Kenai, Alaska. b. Kenai River Center — Port of Kenai — Boat Launch C. Planning & Zoning Resolutions 1 st Quarter 2013 d. Building Permits 1 st Quarter 2013 e. PZ13 -18 — Landscape /Site Plan — Baker Hughes /Petrolite Corporation, P.O. Box 92108, Austin, Texas 12. NEXT MEETING ATTENDANCE NOTIFICATION — April 24, 2013 No commissioners requested an excused absence from the April 24 meeting. Council Member Navarre reported he would not be attending and another council member would attend in his place. 13. COMMISSION COMMENTS & QUESTIONS Commissioner Smith thanked Kebschull for her work at the City. Commissioners Peterson and Shiflea had no comments. Commissioner Bryson thanked Kebschull for her work on behalf of the City. PLANNING AND ZONING COMMISSION MEETING APRIL 10, 2013 PAGE 4 Commissioner Knackstedt described Kebschull as "unshakeable." Kebschull thanked the commissioners for their work and noted it was a true team effort. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:03 p.m. Meeting minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 10, 2013 PAGE 5 "killa9e with a Past, Git with a Fut 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 111y. 1992 MEMO* TO: Planning & Zoning Commission FROM: Nancy Carver, Planning & Zoning Assistant DATE: April 11, 2013 SUBJECT: PZ13 -09 - A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL (KMC) SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. At your meeting on April 10, 2013, the Commission recommended holding a public hearing on the above - referenced sections of the Kenai Municipal Code. The following changes are being recommended: • Change front setbacks from 25 -foot (25') to a 20 -foot (20) setback. The change will provide consistency with the Kenai Peninsula Borough & City of Soldotna while still provide adequate light, air and privacy while protecting the City's interest in health and safety and aesthetics. • To be consistent with the City's building code, accessory structures must be kept five -feet (5) from lot lines. • Amendment removes 14.20.200(1)(5) which permits unoccupied accessory structures be placed within ten -feet (10) of the front property line. • Eliminates KMC 14.24.030 by combining the requirements in the addendum into the footnotes of KMC 14.24.020. This will provide clarity and eliminate potential confusion. u Ia. "Village with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �d Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 I'II�1 1991 MEMO* TO: Planning & Zoning Commission p FROM: Nancy Carver, Planning & Zoning Assistant DATE: April 1, 2013 J SUBJECT: PZ13 -09 - A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL (KMC) SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. - On March 27, 2013 the Commission held a work session on the above - referenced sections of the Kenai Municipal Code. The following changes are being recommended: • Change front setbacks from 25 -foot (25) to a 20 -foot (20') setback. The change will provide consistency with the Kenai Peninsula Borough & City of Soldotna while still provide adequate light, air and privacy while protecting the City's interest in health and safety and aesthetics. • To be consistent with the City's building code, accessory structures must be kept five -feet (6) from lot lines. • Amendment removes 14.20.200(1)(5) which permits unoccupied accessory structures be placed within ten -feet (10') of the front property line. • Eliminates KMC 14.24.030 by combining the requirements in the addendum into the footnotes of KMC 14.24.020. This will provide clarity and eliminate potential confusion. Administration is recommending these changes and unless the Commission directs otherwise, a public hearing will be scheduled for the April 24, 2013 Commission meeting. 0 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -09 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KENAI MUNICIPAL SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, requires twenty-five foot (25') front setbacks for all zoning districts except RU /TSH; and, WHEREAS, changing the front setback requirements from twenty-five (25) to twenty- foot (20') front setbacks will provide for greater utilization of property while continuing to protect the integrity of zoning districts to provide adequate light, air, and privacy while protecting the City's interest in health and safety and aesthetics; and, WHEREAS, changing the front setback requirements to twenty-foot (20') will also provide for consistency in setback requirements between the City, Kenai Peninsula Borough and the City of Soldotna; and, WHEREAS, KMC 14.20.200, Accessory structures, allows for certain accessory structures to be within ten -feet (10') of the front lot line; and, WHEREAS, accessory structures should be kept back at least twenty-feet (201) from the front property line to maintain health and safety and aesthetic interests of the City, especially when site distance on corner lots is an issue; and, WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory structures to be within three -feet 0) of a side or rear property line however the City's building code requires these structures to be kept five -feet (5') from the lot lines; and, WHEREAS KMC 14.20.200, Accessory structures should be further amended to provide consistency with the City's building code; and, WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements regarding setbacks; and, WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate potential confusion. New Text Underlined; (DELETED TEXT BRACKETED) Resolution PZ13 -09 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council adopt amendments to Kenai Municipal Cade section 14.24.020, General Requirements — Development Requirements Table by altering setback requirements for residential uses and merging Kenai Municipal Code section 14.24.030, Addendum to Development Requirements Tables, into Kenai Municipal Code section 14.24.020 and deleting Kenai Municipal Code section 14.24.030 for purposes of clarity as follows: 14.24.020 General requirements. Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C /RR RRI RS RSI RS2 RU/TSH IL/IWCCICG /CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sections 90 90 90 WIDTH (feet) of Code for requirements MINIMUM LOT SIZE (feet) Front Setback' 2[5L 2[5]0 2[5]0 2[5]Q 2[5L 10 2[5L 2[5L0 2[5]0 2[5]0 Side Setback'`' Onostory' 15 15 5 5 5 5 10 15 15 15 Daylight Basementl 15 15 10 10 t0 5 10 15 15 15 Split Level' Two-Story' 15 1 15 1 15 1 15 15 1 5° 1 10 IS 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot 30% 30% 30% 30% 30% 40% 30% 30% 30% Coverage Maximum Height 35 35 35 35 35 1 35 (feet)4 Footnotes: (1) Provided that the minimum front setback is measured from any right -of—my or access easement (2) Side setbacks are determined [INDEPENDENTLY FROM] based on the primary vehicular access (FRONT VIEW] of the structure. Plot plan/as -built will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one-story structure in its entirety. Two -story is defined as one -story plus more than one -half (I /2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one -story plus less than one -half (12) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and tear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence situated alone aircraft movement areas, ramps taxiways or parking aprons are exemot from the side setback requirements of this title. The building restriction line identified on the Airport Layout Plan most be maintained. fARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC 14.24.030.] (6) All structures in aircraft- aunmach zones and within eight thousand feet (8,000') of the main runway shall be suhiect L hei ht limitation on the basis of obstruction criteria as shown on the current FAA - approved K_ena___jA_jpPQrt Layout Plan New Text Underlined; [DELETED TEXT DRAC}SEl'EDI 10 Resolution PZ13 -09 14.20.200 ACCESSORY STRUCTURES. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: [(1) IN AN RR AND RS ZONE, THE MINIMUM FRONT YARD SETBACK FOR AN UNOCCUPIED ATTACHED OR DETACHED GARAGE OR CARPORT SHALL BE TEN FEET (10');] ([2] j) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE] five feet ([3]5') to an adjoining lot; ([3]2, Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; ([4]3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within [THREE] five feet ([3]5) of any lot line; [([51) UNENCLOSED OUTSIDE STAIRWAYS, FIRE ESCAPES, PORCHES, OR LANDING PLACES AS WELL AS CORNICES, CANOPIES, EAVES, AND OTHER SIMILAR ARCHITECTURAL FEATURES NOT PROVIDING ADDITIONAL FLOOR SPACE MAY EXTEND INTO A REQUIRED FRONT YARD EXCEPT WITHIN TEN FEET (101) OF ANY LOT LINE;] ([6]4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)([2]1) and KMC 14.20.200(a)(po, setbacks, per development tables, must be maintained if structure requires a building permit; ([7]0 For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof. [14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES. (A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT. (B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN AIRCRAFT- APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF THE MAIN RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN. (C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE. PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE New Text Under lined; [DELETEDTEXTHRACX=D[ 11 Resolution PZ13 -09 SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. ] Dated at Kenai, Alaska this CHAIR: ATTEST: 2013. New Test Underlined; [DELETED TEXT BRACK=D) 12 CITY OF ]KENAI ORDINANCE NO. Suggested by: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE (KMC) SECTIONS 14.20.200, ACCESSORY STRUCTURES, AND 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, TO AMEND SETBACK REQUIREMENTS AND MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, requires twenty-five foot (25') front setbacks for all zoning districts except RU /TSH; and, WHEREAS, changing the front setback requirements from twenty-five (25) to twenty- foot (20) front setbacks will provide for greater utilization of property while continuing to protect the integrity of zoning districts to provide adequate light, air, and privacy while protecting the City's interest in health and safety and aesthetics; and, WHEREAS, changing the front setback requirements to twenty-foot (201) will also provide for consistency in setback requirements between the City, Kenai Peninsula Borough and the City of Soldotna; and, WHEREAS, EMC 14.20.200, Accessory structures, allows for certain accessory structures to be within ten -feet (10') of the front lot line; and, WHEREAS, accessory structures should be kept back at least twenty-feet (20') from the front property line to maintain health and safety and aesthetic interests of the City, especially when site distance on corner lots is an issue; and, WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory structures to be within three -feet (3') of a side or rear property line however the City's building code requires these structures to be kept five -feet (5') from the lot lines; and, WHEREAS KMC 14.20.200, Accessory structures should be further amended to provide consistency with the City's building code; and, WHEREAS, both KMC 14.24.020 and EMC 14.24.030 provide similar requirements regarding setbacks; and, WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate potential confusion; and 13 Ordinance No. -2013 Page 2 of 5 WHEREAS, the City's Planning and Zoning Commission held a work session on setback requirements on March 26, 2013, and at the Commission's regularly scheduled meeting on April 24, 2013, recommended the City Council adopt Ordinance No. XX -XX. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1, Form: That this is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.24.020 General requirements, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED) 14 Ordinance No. -2013 Page 3 of 5 14.24.020 General requirements. Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C /RR RRI RS I RSl I RS2 RUfrsH IL /IH/CC /CG /CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sections 90 90 90 WIDTH (feet) of Code for requirements MINIMUM LOT SIZE (feet) Front 3etbacV 2[5]0 2[5]0 2[5j0 2[5]0 2[5]0 10 2[5]0 2[5]0 2[5]Q 2[5)_0 Side Setback"' One-story' 15 15 5 5 5 5 10 15 15. 15 Daylight Basement/ 15 15 10 10 10 5 10 15 15 15 Split Levee Two-Story, 1s 15 15 Is 15 54 to 15 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot 30% 30% 30% 30% 30 °/a 40% Coverage Maximum Height 35J 35 35 35 35 35 (feet) a- Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined [INDEPENDENTLY FROM] hass_o on the rrimary vehicular access MRONT VIEW] of the structure. Plot plan/as -built will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access firm grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in its entirely. Two -story is defined as one -story plus more than one -half (12) the height of the lower story all situated above grade. Daylight basement/split level is defined as one -story plus less than one -half (12) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined m the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence situated along aircraft movemen reams ramps taxi avo or puking aprons are exemot from the side setback requirements of this title The building restriction line identified on the Aimurt Layout Plan must be maintained. FARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC 14.24.030.1 (6) All structures in aircraft- aonronch zones and within eight thousand feet (8,000"1 of the main mmy shall be subiect to hei3tht limitation on the basis of obstruction criteria as shown on the gurrent FAA- aooroved Kenai Atm rt Layout Plan New Text Underlined; [DELETED TEXT BRACKETED] 15 Ordinance No. -2013 Page 4 of 5 Section 3. Amendment of Section 14.20.200 of the Kenai Municipal Code: That Kenai Municipal Code. Section 14.20.200 Accessory Structures, is hereby amended as follows: (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: [(1) IN AN RR AND RS ZONE, THE MINIMUM FRONT YARD SETBACK FOR AN UNOCCUPIED ATTACHED OR DETACHED GARAGE OR CARPORT SHALL BE TEN FEET (107;] ([21.1) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE] five feet ([3157 to an adjoining lot; ([31ZJ Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (57 to the rear lot line; ([412) Unenclosed outside stairways, fie escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within [THREE] five feet ([3157 of any lot line; [([51) UNENCLOSED OUTSIDE STAIRWAYS, FIRE ESCAPES, PORCHES, OR LANDING PLACES AS WELL AS CORNICES, CANOPIES, EAVES, AND OTHER SIMILAR ARCHITECTURAL FEATURES NOT PROVIDING ADDITIONAL FLOOR SPACE MAY EXTEND INTO A REQUIRED FRONT YARD EXCEPT WITHIN TEN FEET (101) OF ANY LOT LINE;] ([6]4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)([2]J and KMC 14.20.200(a)([310, setbacks, per development tables, must be maintained if structure requires a building permit; ([71N For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof. Section 4. Deletion of Section 14.24.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby deleted in its entirety as follows: New Text Underlined; [DELETED TExr BRACKETED[ 16 Ordinance No. -2013 Page 5 of 5 [14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES. (A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT. (B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN AIRCRAFT - APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF THE MAIN RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN. (C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE. PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. ] Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: Adopted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] 17 STAFF REPORT To: Planning & Zoning Commission Date: April 8, 2013 GENERAL INFORMATION Applicant: Clint D. Hall 283 -700 P.O. Box 2829 Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit — Front Yard Setbacks Lot 6, Block 10, Inlet Woods Subdivision — Part 1 1560 Meander Lane 04101144 RS — Suburban Residential Residential Neighborhood Residential E Res: PZ13 -19 General Information: This is an application for an encroachment permit for front yard setbacks. This is a single - family dwelling located at 1560 Meander Lane in the Inlet Woods Subdivision. A building permit was issued for construction in April of 2012. This property is located on the corner of Meander Lane and Hedley Drive. The plot plan submitted with the application for the building permit showed the structure met the setbacks for the Suburban Residential zone. Because this is a corner lot, there are two 25 -foot (25') front setbacks (Meander Lane and Hedley Drive). This is a two -story structure requiring a 15- foot (15') side setback and the rear setback is 20 -feet (20'). Somehow during construction, the foundation was not located as planned resulting in the structure encroaching into the front setback along Meander Lane. Both corners of the structure encroach into the setback. One corner is located 21.2 -feet (21.2') from the front lot line resulting in a 3.8 -foot (3.8') encroachment. The other corner is located 23.91 -feet (23.91') from the front lot line resulting in approximately a 1.09 -foot (1.09') encroachment into the front setback. KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. 19 PZ13 -19 Comments Page 2 The Commission must establish that the following conditions exist before issuing an Encroachment Permit: ➢ An encroachment as defined in KMC 14.20.185 (a) exists. o An encroachment is defined as any objector structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. Because the structure is built in the 25- foot (25 )front setback an encroachment exists. ➢ The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement. o The structure does not encroach into a Federal, State, or City right -of -way or utility easement, ➢ The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located, o Residential use is a principally permitted use in the Suburban Residential zone. ➢ The encroachment is not located across a platted lot line. o The encroachment is not located across a platted lot line. Building Official: No building code issues. RECOMMENDATIONS The applicant is a local contractor who is aware of the City's setback requirements. When the building permit was applied for an issued, the plot plan clearly identified the setbacks. Somehow during construction, the footings were misplaced causing the building to be constructed in a location other than shown on the plot plan. An as -built survey was completed in July 2012. The house was recently sold and during the closing process, the encroachment was identified. At the time of drafting this staff report, the Commission is considering a recommendation to amend the City's development requirements to change the required 25 -foot (25') front setback to twenty -feet (20'). The location of this structure complies with the proposed amendment. This is an encroachment permit for a residence which was built encroaching into the twenty -five foot (25') front setback. The application meets the conditions required in KMC 14.20.185 to issue an encroachment permit. Recommend approval. ATTACHMENTS: I. Resolution No. PZ13 -19 2. Application 3. As -built Survey RE u "'Village with a Past, C# 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. PZ13 -19 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Clint D. Hall USE: Encroachment Permit— Front Yard Setbacks LOCATED: 1560 Meander Lane — Lot 6 Block 10 lnlet Woods Subdivision Part 1 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04101144 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: April 8, 2013 2. This request is on land zoned. RS — Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. d. The encroachment is not located across a platted lot line 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: April 24, 2013. 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 DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT 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, APRH. 24, 2013. CHAIRPERSON: ATTEST: 21 P13 -19 Encroachment Permit 1560 Meander Lane 22 \WI lVillaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 W Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014 1III'i www.ci.kenai.ak.us APPLICATION FOR AN ENCROACHMENT PERMIT KMC 14.20.185 Date C, r/) 3 Issz -5 '\ J OWNER PETITIONER_ REPRESENTATIVE IF ANY) Name: C L- ( Name: C W. L Mailin Address: d e Z Mailin Address: /oa. %t L L - C one Number: 2 - OO P - Z r ✓- O� Phone Number: L 7 Fax Number• O r Fax Number: Email a C`vy Email: all_ s� Ci PROPERTY INFORMATION Property Tax ID #• (7 Site Street Address: Current Legal Description: 7- N (� V y wlpee G° Encroachment Requested For: (Describe the project, and use additional sheets if necessary) FfC'C Zoning: Acres e 2 Completed Application Form Site Plan /Floor Plan with Square Footage sales AUTHORITY norcny a ,r q inaa p am/ t: nave peen autnonua to It for) owner of the property described above and that I petition for an encroachment permit in conformance with Title 14 of the Kenai Municipal Code. 1 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 encroachment. 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 rennired to this .... -„., _ . Date: Y 3 /; I Signature: / 8/9/2011 23 must Page 1 of 4 we ENCROACHMENT DEFINITION KMC 14.20.185 a " Encroacbment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. Section 14.20.185 of the Kenai Municipal code outlines regulations for an encroachment permit. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. YOU MUST SATISFY THE REQUIREMENTS FOR AN ENCOOACHMENT PERMIT AS OUTLINED IN KMC 14.20.185 BELOW. ENCROACHMENT STANDARD KMC 14.20.185 The Planning and Zoning Commission shall establish a finding that all the conditions set forth in subsections (d)(l) through (d)(4) of this section have been found to exist before issuing an encroachment permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. An encroachment as defined in KMC 14.20.185(a) exists; -( S — 2.The encroachment does not encroach upon a Federal, State or City right -of -way or 3. The issuance of the encroachment permit will not authorize a use which is not a pri¢cipal permitted use in the zonine district in which the DroDerty is located: 'jo 8/9/2011 24 Page 2 of 4 The LAND USE Describe current use of property covered by this application: S"4,jz r— r„'.e'�7 //l;"e- Surrounding property: (Describe how land adjacent to the property is currently being used) North: South: C / -G) �¢�cd% %hCv Va aiv% East:` /_ Clry� �pCS /�i l..i Jin,S ([, �A n��7 /�Ui✓1 .L %/.✓CAE/" C�G.v.T� ✓v� i West: / r 8/9/2011 25 Page 3 of 4 Log 10 Lot 9 Me dog � no ;1g t5 � ck 1e \COO c �o N �pt 6 B Otaaw• mo� �\ � 0o11dM � °fo�.o 1 o N /J r° Sy is B` `t" two housey deck' ZJs 9S°fd b`� � t/ 106 \O F o a l r�ro� Lot a Note: Lot served by city water and sewer. This mortgage location survey was prepared for Clint D. Hall, and it should only be used for a single property transaction. Re —use of this drawing by the original client or by others, for additional uses at a later date without express consent of SURVEYOR Is a violation of federal Copyright law. Unless gross negligence Is discovered, the liability extent of the prepaer shall be limited to the amount of fees collected for services in preparation of this product Date: `- 1 /ZI /i2 Bar Scale ® NOT A VALID COPY WITHOUT A SEAL MORTGAGE LOCATION SURVEY LEGEND Mortgage Location Certificate I hereby certify that this survey is a representation Center Line Monument (found) of the conditions that were found at the A Vent Pipe time of the location survey was performed on: Lot 6 Block Ten sure: t"= 40' F.B. #: 2012 -5 Pg. 53 -54 Inlet Woods Subdivision Part One — I RECORDING DISTRICT Plat: 84 -279 Surveyed: July 12, 2012 Drawn: JY JW.O. # 2121141 File: 212114 ASB. INTEGRITY SURVEYS INC. 13335 K -Beach Rd. Ste. 10 Soldotno, AK 9966 PHONE — (907) 262 -5573 SURVEYORS FAX - -- (907) 262 -5574 PLANNERS integritysurveyeColosko.net and that this document does not constitute a boundary survey and is subject to any inoccur- ocies that a subsequent boundary survey may disclose. The information contained on this drawing shall not be used to establish any fence, structure or other improvements. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenant, or restrictions which do not appear on the recorded subdivision plat. \ ƒ CD ) | / > m � s `\ ® �] a= & u \� � , \2 \} § U-1 \4 §� -j W � W J w W EL � � 44, O � � � � � e � V � \x k� j� «m; | m � \2 \} § U-1 \4 §� -j W � W J w W EL � � 44, O � � � � � x O :: r \ice W 0 Q N [if x Q M � N 29 Rt Saes 0 0 00 x 0 0 0 00 x 0 rn z J a. CL W 0 J m 0 O 0 �0 00 00 Ox �� JN LLJN Q m LL r \ice W 0 Q N [if x Q M � N 29 Rt Saes 0 0 00 x 0 0 0 00 x 0 rn z J a. CL W 0 J m 0 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING APRIL 17, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 hftp://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders, B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty (30) minutes aggregated) 1. ENACTED AS AMENDED. Ordinance No. 2681 -2013 — Approving and Adopting a Revised Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. [Cleric's Note: At its April 3, 2013 meeting council postponed Ordinance No. 2681 -2013; a motion to enact is on the floor.] 2. ENACTED. Ordinance No. 2684-2013 — Amending the Kenai Municipal Code Sections 12.20.010 Deposit of Refuse, and the Code Violation Fine Schedule of 13.10.015 Minor Offenses Amendable to Disposition without Court Appearance by Payment of a Fine, to Specify that Certain Recreational, Subsistence and Personal Use Fish Waste May be Returned to the Waters from which the Fish Originated and Changing the Fine From $500.00 to $150.00 for Certain Improper Disposal of Fish Waste On City Beaches. 3. ENACTED. Ordinance No. 2685 -2013 — Increasing Estimated Revenues and Appropriations by $5,906 in the General Fund for an Alaska State Library Grant for the Purchase of (2) Two AWE Early Literacy Work Stations. 4. ENACTED. Ordinance No. 2686 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $25,000 for Outside Legal Services for Code Enforcement. 31 5. ENACTED. Ordinance No. 2687 -2013 — Increasing Estimated Revenues and Appropriations by $135,000 in the Water & Sewer Special Revenue Fund and by $450,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Well to the City's Water Treatment Facility. 6. ADOPTED. Resolution No. 2013 -19 — Awarding a Contract for the Construction of Main Street and Airport Way Improvements to Alaska Roadbuilders Inc. for an Estimated Total Cost of $136,135. 7. ADOPTED. Resolution No. 2013.20— Authorizing the Purchase of a Kubota 72" Front -Mount Riding Mower with Collection System from Equipment Source Incorporated for the Total Amount of $27,697. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Work Session of March 29, 2013 — Draft Comprehensive Plan 2. APPROVED BY CONSENT AGENDA. *Regular Meeting of April 3, 2013 3. APPROVED BY CONSENT AGENDA. *Work Session of April 8, 2013 — Vintage Pointe Rents/ FY14 Budget F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED. Action /Approval — Bills to be Ratified 2. APPROVED. Action /Approval — Purchase Orders Exceeding $15,000 3. APPROVED. Action /Approval — Lease Application from Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision Preliminary Plat 4. APPROVED. Action/ Approval — Amendment to Kenai Municipal Golf Course and Recreation Area Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course 5. APPROVED. Action/ Approval — Amendment to Kenai Municipal Golf Course and Recreation Area No. II Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course 6. NO ACTION. Discussion —Request for the Conveyance and Exchange of an Approximately 1.6 -Acre Parcel of City -Owned Property for an Approximately 36.53 -Acre Portion of Properly Owned by Craig Loftstedt City of Kenai Council Meeting Agenda Page 2 of 4 April 17, 2013 g 32 H. 7. $100 DONATION APPROVED. Action /Approval — Peninsula Midnight Sun Volleyball Team Donation Requested by Members for Tournament Travel Expenses. 8. APPROVED BY CONSENT AGENDA. "`Vacation — 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 Vacate the 30 -Foot Strip Lying Along the North Boundary of Lot 35 as Described and Recorded on 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 Median, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB file 2013 -033; Location: City of Kenai; KPBPC Resolution 2013 -08 9. INTRODUCED AND SET FOR PUBLIC HEARING ON MAY 1, 2011 *Ordinance 2688 -2013 — Amending the Kenai Municipal Code Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to Allow Unoccupied Accessory Structures to be Placed, by Conditional Use, on Residential Parcels that do Not Have a Main Building or Use if the Same Owner Owns an Adjacent Parcel. 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 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None M. PENDING ITEMS City of Kenai Council Meeting Agenda April 17, 2013 Page 3 of 4 33 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 www.ci.kenalak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 -283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 4 of 4 April 17, 2013 g 34 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 7:00 p.m. April 22, 2013 35 Tentative Agenda 1EMBERS: A. CALL TO ORDER :indy Ecklund B. ROLL CALL Ity of Seward a" Expires 2014 June & July Only) C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES lari Anne Gross 1. Agenda southwest Borough arm Expires 2014 2, Member /Alternate Excused Absences larry Lockwood :idgeway 3. Minutes arm Expires 2013 4pnl Only) a. April 8, 2013 Plat Committee Minutes :obert Ruffner :asilof / Clam Gulch D. PUBLIC COMMENT arm Expires 2015 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless anon Tauriainen previous arrangements are made.) lorthwest Borough erm Expires 201 4 E. SUBDIVISION PLAT PUBLIC HEARINGS 'aul Whitney 1. Card Subdivision :ity of Soldotna arm Expires zola KP62013 -061 [Integrity/Card, rman, Herring] Location: On Card Street in Sterling ALTERNATES: F. FINAL SUBDIVISION PLAT PUBLIC HEARING ;andra Holsten :ast Peninsula ' arm Expires 2013 G. OTHER / NEW BUSINESS June Only) H. MISCELLANEOUS INFORMATION — NO ACTION REQUIRED ames Isham g erm 'rm Expires 2015 I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING NEW LOCATION FOR THIS MEETING ONLY The next regularly scheduled Plat Committee meeting will be held Monday, May 13, 2013 in the Quarterdeck Room of Lands End Resort, 4786 Homer Spit Road, Homer, Alaska at 144 North Binkley, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1- 800- 478 -4441, extension 2215 e -mail address: planning(ftorough kenai ak us web site: www.borough kenal.ak.us/planningdept 35 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 REP April 22, 2013 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City A. CALL TO ORDER Term Expires 2013 B. ROLL CALL Paulette Bokenko- PC mO 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/ Niniichik 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 Poster a. Inlet Breeze Sub Nelson Addn. Parliamentarian KPB File 2012 -030; SurveyMax/Nelson Homer City Location: On Miller Loop Road in Nikiski Term Expires 2013 Mari Anne Gross b. Tyonek NTV Subdivision (formerly NTV Parcel) PC Member KPB File 2009 -082; LCG/Tyonek Native Corp. Southwest Borough Location: Tyonek Across Cook Inlet Term Expires 2014 Sandra Key Holsten C. Shemita Mountainview Sub PC Member KPB File 2009 -008; Ability/Wilson East Peninsula Location: West of Feuding Lane in Sterling Term Expires 2013 James Isham *2. Planning Commission Resolutions - None PC Member Sterling *3. Plats Granted Administrative Approval Term Expires 2015 Harry Lockwood *4. Plats Granted Final Approval (20.04.070) - None PC Member Ridgeway *5. Plat Amendment Request - None Term Expires 2013 Blair Martin *6. Commissioner Excused Absences Vice Chairman Kalifomsky Beach a. Sandra Holsten, East Peninsula Term Expires 2015 Paul Whitney *7. Minutes PC Member City of soidotna a. April 8, 2013 Plat Committee Minutes Term Expires 2014 Robert Ruffner b. March 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 REP Jason Tauriainen Pc Member F. PUBLIC HEARINGS Northwest Borough Term Expires 2014 1. Resolution to classify approximately 240 acres of Borough land located near Mile Post 18.5 of Kalifornsky Beach Road, pursuant to KPB 17.10.080(F). 2. Ordinance 2013 - ; An Ordinance authorizing the exchange of certain lands with Paul A. Shadura III, along K -Beach Road within Two the Bluff and Shadura Creek Subdivisions, classifying the property conveyed to the Borough, and waiving the Land Exchange Application Fee. Max J. Best 3. Vacate a portion of Curry Circle (Changed from Curry Lane Resolution No. Planning Director 2010 -10), a 60 -foot right -of -way adjacent to Lot 8 Block 1 and Lots 11, 12, & 13 Block 2 dedicated by Nikishka Subdivision No. 3 (Plat KN 1406); and Lots Mike Navarre 1 and 2 Block 4 and Lot 4 Block 1 dedicated by Nikishka Subdivision No. 5 Borough Mayor (Plat KN 1437); and vacate the south portion of the cul- de-sac within Tract A dedicated by Nikishka Subdivision Peak Addition (Plat KN 2009 -78); within Section 1, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2013 -059, Petitioner: Bennett W. Cleveland for Peaks Oilfield Service Co, Anchorage, Alaska. Location: On Curry Circle in Nikiski 4. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming tights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. Old Pioneer Lin named by HM0820066 Old Pioneer Subdivision; T 4S R15W SECTION 23; Seward Meridian, AK; off of Cape Ninilchik Ave in the Anchor Point Community; ESN 401; REASON FOR NAMING: Duplicate; PROPOSED NAME: OpportunityLn It. Pioneer St named by HM077014 Sourdough Flats Subdivision; T 2S R 14W SECTION 11; Seward Meridian, AK; off of Emma Ave in the Ninilchik Community; ESN 451; REASON FOR NAMING: Duplicate; PROPOSED NAME: Prospector St C. Pioneer Access Rd named Pioneer Rd by KN0720015 Whitcomb Subdivision; Renamed to Pioneer Access Rd by Street Name Resolution 2006 -11; T 5N R 9W SECTION 27; Seward Meridian, AK; off of Funny River Rd in the Funny River Community; ESN 302; REASON FOR NAMING: Duplicate; PROPOSED NAME: Heritage sit d. Pioneer St named by KNO0720006 Woldings Tracts Subdivision; T 7N R 11W SECTIONS 4 & 5; Seward Meridian, AK; off of Holt Lamplight Rd in the Nikiski Community; ESN 501; REASON FOR NAMING: Duplicate; PROPOSED NAME: Historic St e. Tustamena St named by KN0760010 Chugach Estates Subdivision; T 7N R 12W SECTION 10; Seward Meridian, AK; off of Susitna Ave in the Nikiski Community; ESN 501; REASON FOR NAMING: Duplicate; PROPOSED NAME: Wrangell Dr f. Tustumena St named by KN0001189 Panoramic Park Subdivision; T 5N R 9W SECTION 17; Seward Meridian, AK; off of the Sterling 37 Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Duplicate, PROPOSED NAME: Carter Way g. Nikiski Emergency Escape Route name certified by Ordinance 85- 35 Series Base Map; T 7N R 11W SECTIONS 29, 32, & 33 also T 8N R 10W SECTIONS2, 3, 10, 11, 14, & 15; Seward Meridian, AK; off of Holt Lamplight Rd in the Nikiski Community or Marathon Rd in the Remote Community; ESN 501; REASON FOR NAMING: Exceeds Maximum Character Requirements; PROPOSED NAME: Escape Route Rd 5. Resolution 2013 -03; A conditional land use permit application to operate a material site on a parcel in the Industrial Road area of Nikiski. Applicant/Landowner: Michael J. O'Toole, Parcel ID#: 015 - 050 -02, Legal Description: MIDDLE 440 FT OF THE SW1 /4 NE1 /4 & MIDDLE 440 FT OF THE SEi /4 NW1 /4 EXCLUDING ANY PORTION LYING WEST OF NORTH KENAI RD, T 7N R 12W SEC 27 SEWARD MERIDIAN, AK, Proposed Land Use: The applicant wishes to obtain a permit for gravel and sand extraction and processing on approximately 20 acres within the parcel listed above. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS 1. Review the naming of Skilak Lake Rd, Upper Skilak Lake Rd, Lower Skilak Campground Rd, Hidden Lake Rd, Kenai Spur Hwy, & Old Lamplight Rd by the State and take action to either adopt the States naming convention or recommend to the State to officially name or rename these streets. J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 1 preliminary plat K. OTHER /NEW BUSINESS 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 Kenai Planning & Zoning Commission Minutes - February 27, 2013 - March 27. 2013 2. Seward Planning Commission Minutes - March 5, 2013 38 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING NEW LOCATION FOR THIS MEETING ONLY The next regularly scheduled Planning Commission meeting will be held Monday, May 13, 2013 in the Quarterdeck Room of Lands End Resort, 4786 Homer Spit Road, Homer, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MFf =TtNBs Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce April 16, 2013 May 7, 2013 7:00 p.m. Cooper Landing Coo p g Cooper Landing Communit Hall May 8, 2013 6:00 p.m. Hope / Sunrise Hope Social Hall May 9, 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 web-site, which is linked to the Planning Department websfte. 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: planningCDborough.kenai ak us web site: www borough kenai ak us /olanninpdeot 39 Project Tracking Sheet 1QUKUN TER KRC # 9953J App. Start Date: Proj Name: ,BOAT LAUNCHIRAMP Applicant: ;KENAI LANDING INC Contact Name: DYE, MIKE Location: KENAI RIVER /COOK INLET Project Start: 04/0412013 Tax Credit: Ila >r ProjectCOMPIoted: Cost Share: Parcel No: 049 -101 -03 COE COE Pmt Expires Riv. Mile I L.__J COE JD Expires: Comments: PARCELS 04910103 8 04910123 CONSTRUCTION OF COMMECIAL BOAT LAUNCH, REMOVAL AND RELOCATION OF FILUSILT USING EQUIPMENT. CC: COE -KFO: ,�: COE; MINING LIST: SELDOVIA: I`" SBCFSA: TAX: -] CZM� - OPMP. L7 USFWS: 91 KNWR: [I COK: � COS: ADF &GIBE: -- AI: At Req Date: Al Rec Date: at Days Review Susp KPB Fees: Per Fees: ._ Amend Revr Permit # Reap Due Revised Due Inspect Ream Recm Dat Auth Final Action ) Date Expiry FP OB 04104!2013 I i Hab Prt. TD 0410412013. Tax Cr1 CZM Parks PR 04/04/2013 ADFG GPL Date Final Deter Recd ID # Comments Due Revised Due OPMP: _ D) Denied Ant horities (Auto) I) Issued OHMP KPB - IIP 840) Fish Passage '870)Anad, 070) Allowable �_ _- Waer 080) Conditional Use 890)Emargetcy __090) Prior Existing FP — Tax Credit _040)Al1owable 050)Compliance _030)Compliance 030) Variance _060)SMFDA/Non FIRM _ 020) Notification _030) Variance _N) Unfounded _080) Determination M) Miring i I i LT: Date Comm Sent Date Final Deter Recd T Racm- Comments Only I T Final Action RA) Reo Approval _ D) Denied RD) Rec Denial I) Issued _GC) General Comments _ NR) Not Req'd _NR) Not Reviewed WD) Withdrawn by applicant WD) Withdrawn/closed _O) Other CG) Generally Consistent _R) Resolved _ CA) Consistent w/ Alternatives _F) Fined _ IN) Inconsistent _C) Court _U) Unresolved _P) Passed to COO _N) Unfounded M) Miring T Fae Codes _T) Tax Credit Exempt —A) Agency Exempt _NR) Not Req'd 40 Multi-Agency XMR LENTER Permit Application —`.•+ Please answer all questions completely. An ilrcant informarion: Agent Information: NamJ/e : / Name: Owner? LI Yes L No Mailing Address: (permits will be mailed to this address) Phone Work): 9a Z -235 - w 9+7o Cell Phone: tfy'1- Fax: Rol- X35 - irS Mailing Address: C/U ,G.]Nd3'''r� /31'`0. 7 jtp %¢OiH�'�• S Phone ;fiome ork : Fax: 235 E -Mail: %d v.1se s 7 // c:, -1 E -Mail: % , ✓rrn G✓ l� a y„a / t�� r Project Location: Please complete all information including the legal description of the property or site location. This in- formation can be found on your tax bill or by visiting the KPB Assessing Department website at www.borough.kenai.ak us /asseasinedenddefault lit m. Waterbody Name: River Mile: Z E] Right or t!-1 Left bank (looking downstream) Subdivision:_ .% vv_�? 5; r� 41' its 7- 4 Block: Township: s. A/ Range: I1W section: 91 a4a iol a3 KPB ParcCl Number: ±e:t physical Address: _„Zipil Directions to the site: jv'SVl e-1 y-,5Ce% Please Compete the FollowineI 1) This activity is a: E/new project ❑ modification, addition, repair, or replacement to an existing project 2) What is the purpose of this project? 7 _ ��r 7 nt y? ✓ s f /f NA Acre -�dS� Page 2 r 3 41 i Y/, Multi- Agency Permit Application -- Page 2 3) Provide a detailed description of your entire project and all related activities. Attach additional pages if needed, Please sure that your description contains all of the following: Please location and dimensions of all existing and proposed development, including buildings, roads/driveways, pathways, building pads, accessory structures, and fill, as well as the location of any water bodies. (-Je r �ir'7 *"X r"� K v ; C r a, y 5- /' viS The type(s) and amount(s) of fill material to be used for the project. Include the location/source of the fill material. CN° f4�. Q( The measurements of all new development, including platforms, walkways, structures, and bank restoration techniques. Please include measurements from water bodies and lot lines. t The area and volume of material to be dredged and the location of the disposal she. 4" A description of the waterbody, including wetlands to be filled, Include the types and volumes of each type of fill material. �i A description of construction methods and types of equipment to be used. UK If you are withdrawing water from a waterbody, a description of water use including location thods of withdrawal, rate of withdrawal, and the total quantity of water required, , me- e If fuel storage is required for your project, indicate the location, quantities, and types of fuel. e If vegetation or trees must be cleared as a result of your project, indicate the location, amount, and type of vegetation to be cleared, 5" The type(s) and amount(s) of material that will be excavated for the project. Include the location the excavated material will be placed. ll 4) Proposed project start date: 9// Proposed project end date: /oJ o�i Estimated number of actual construction days: 2 5 - y O 5) If this project is within the limits of an incorporated city , please indicate city: 'C �a 6) Is the project located witt}' 50 feet of ordinary high water (OHW) or mean high water (),MW) of a stream or waterbody7 t-4J Yes ❑ No ❑ Not sure where OHW or MIfW line is Page 3 /i 3 L7YF• /ci -e,3 42 Detailed Description of project and Activities. In the order presented under 3) above: General: This project involves the construction of a commercial boat launch in the location of Kenai Landing's now deconstructed Marketplace warehouse. Excavation will begin 225 feet inland from MHHW and extend 150 feet out into the waters of the Kenai River. This location is two miles upstream from the mouth of the river, on a well developed commercial property that hosts the old Wards Cove Cannery. In this location, the river is highly tidal. The proposed excavation consists of inorganic silts and river mud that is not critical fish habitat, however the petitioner proposes to have an independent, qualified source test the impact area for all forms of life. The timing of the project, and methods and means of construction, will proceed in a manner of least impact to the river, to aquatic life, and to the surrounding environment. Excavated material will be re- located to an upland area on Tract A, outside of wetland or controlled water bodies. 1) The locations and dimensions of existing and proposed developments, including buildings, roads and water bodies are attached in several forms, including a scaled Kenai Landing site plan. 2) The fill proposed is of two types: 1) Open Cell Sheet Pile, to be used as bulkhead or retaining wall system along the north and south walls of launch ramp, as engineered by PND Engineers, Inc, attached; and perforated steel matting to serve as a drive surface, similar to "Marsden Matting" (10 guage,10' x 16' pierced steel plank) used by the military (see: http://www.calumetindustries.com/?page_td=176) 3) Measurements of the new development, including bulkhead and retaining wall system, are depicted on attached elevation and scaled site plan. Retaining wall system will tie into existing retaining wall system at or above MHHW. Petitioner proposes to restore riverbank as deemed necessary or desirable by regulatory agencies. Measurements from lot lines and water bodies are on the site plan and are to scale. 4) There are no plans to dredge in the Kenai River for removal of materials anticipated by this project. 5) The water body affected by this project is the Kenai River. 6) Construction methods will be entirely via excavator and end - dumps. Excavator will be a John Deer 250G LC, Hitachi 2X250LC -5 or equivalent. Sheet pile will be driven prior to excavation, above MHHW, by a sheet pile driver. 7) There is no water being withdrawn from the Kenai River, other than what saturates the materials proposed to be excavated. 8) Fuel Storage needs are minimal and handled on -site from an existing, DEC approved storage and dispensing facility owned by Great Pacific Seafoods, 9) No vegetation or trees will be removed for this project. 10) The area of the entire project, including upland staging area is 480' x 100' or 48,000 sf. The volume of material to be excavated from areas above MHHW (areas A and B on attached elevation) is approximately 10,775 CY. The volume to be excavated from below MHHW (area C) Is approximately 6,465 CY. Excavated materials will be re- located to an upland location depicted as "DS" on the attached site plan, 43 3 Multi- Agency Permit Application — Page 3 7) Does any portion of the project cantilever or extend over the OHW or M14 W of the stream or waterbody? 4 Yes ❑ No 0 Not sure where OHW or MHW line is �Nv ,rve�r r*- .+ <��rt �e.>s., -�G nf��s �,� ,fir ¢- ,�..,� ,,.ye[ .o, sri6..�.✓ 8a) Does any portion of the project extend below the OHW or MHW of the stream or waterbody? M Yes ❑ No ❑ Not sure where OH W or MHW line is 8b) Willa structure (e.g., culvert, bridge support, dike) be placed below OHW, MHW, or High Tide Line (HTL) of the waterbody? Yes 0 N SEze! y.z�l�.�.y �iHSh`J Gv.f.G 9) Will material be extracted or dredged from Q Ploodplain of a river, lake, or cean Tidal or non -tidal waters If you checked one of the above boxes, what type of material? What amount of material? ijt'q"4'1 , cy�y so o e Where will the material be deposited? Ztt'l/ 10) Will material (including spoils, debris or overburden) be deposited in a F1 Mapped floodplain or velocity zone of a river, lake or ocean Al/e ❑ Tidal or non -tidal waters A/P If you checked one of the above boxes, is the fil I temporary ❑ or permanent ❑? If temporary, how long will it be in place? What type of material is it? Amount? Identify the location(s) of any deposited material on the attached top -view site plan drawing. W 11) What is the surface area (in acres) that would be filled, excavated, or dredged of any waters, including areas below the HTL or MHW of tidal waters, below the OHW of non -tidal waters and/or wetlands adjacent to tidal or non -tidal waters? foc:>' v 38z)'-, e,r' 3X„660 sf. &e+ elcwo j 12a) List all motorized equipment to be used in this project, including access route to site and any stream or water - body crossings: 12b) How long will motorized equipment be used below OHW, MHW, or the HTL ?�rXi /r /� Iv -iz Y 13) Are there any threatened or endangered species that may be affected by the proposed work or that utilize the desi anted critical habitat that may be affected by the proposed work? ❑ Yes j No If yes, list all species: _ /ua ii �vla Ir. v e Groe.e �141r ilz f ez1` elss evle Page—;// 3 Ox /;V n.3 / 44 /r r/ Multi- Agency Permit Application — Page 4 14) Are there any historic properties that may be affected by the proposed work? D Yes ;� No If yes, state which property or properties may be affected and/or attach a vicinity map including the location of the historic property or properties, 15) is any portion of the work already complete? ❑ Yes WNo If yes, describe the completed work: I6) Will utility systems, including water, electric, gas, etc. be developed? Z Yes ❑ No If Yes, describe: Checklist I Are pages 1 through 4 completely filled out? If question does not pertain to your activity, write `N /A' O'Did you include a detailed project description? VDid you complete the Top View & Elevation /Side View drawings? Be sure to review the instructions for site plans and make sure all relevant information is 'included. ✓", Did you include your permit fee (if applicable)? If your project is within State Park Boundaries or can- tilevers over a State Park (which includes the Kenai River) a $50 fee is required at the time of application. Make checks payable to `State of Alaska.' If you are not certain if a fee is required, contact State Parks at the River Center at (907) 714 -2470. k"Did you sign your application? If you have designated an agent to work the agencies on your behalf, they must also sign the application. Application is hereby made for a permit or permits to authorize the work described in this application lbrm. I certify the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the ss plicant. ignature of Applicant ate If you designated an agent, both the applicant and agent must sign this application. x�� %► 3 ignature of Tgent Date Page 45 Site Plan Instructions Checklist -� 1 R CENTUR Directions: PLEASE INCLUDE ALL OF THE FOLLOWING INFORMATION. IF THIS INFORMATIO[} 3s NOT PROVIDED, YOUR APPLICATION MAY BE RETURNED TO You. — Print your name, date of drawing, the number of the sheet and total number of sheets in the set (e.g. Sheet I of 2), as well as the KPB Parcel No, on all pages. — Indicate the scale of your drawing and show a North arrow, The scale need not be the same for every drawing. — Submit one original set of drawings on 8 1/2 x 11 paper. Provide as much detail as you can; however, please submit the fewest number of sheets necessary to adequately show the proposed activity. Please include photos of the project site if available. The TOP VIEW drawing should show your project in relation to: — the distance from ordinary (or mean) high water of the stream; — property lines and any adjacent streets by name; —• any nearby structures, such as houses, outbuildings, fences, etc,; — any easements and/or location of any nearby utilities; — the location of any material to be deposited in a river, floodplain or wetland. — The ELEVATION OR SIDE VIEW drawing should show your project in relation to: — elevations above ground level . In non -tidal areas, show the Ordinary High Water Line. — In tidally influenced areas show the High Tide Line and Mean High Water Mark at the project site. -- Show the distance from the above water lines — Be sure to include all dimensions, types, and quantities of materials used on the project. — All structures and other objects on your site plan should be clearly defined as either ex- isting structures or proposed structures. Y PLEASE SEE EXAMPLES PagJe��' 46 uJ s S k a ; , Be Gang Y' w h Bunkho.ES2 j :'�' -• lJnrdt �.vr,, •c' Sia {Weds 81po. ' �� ..�[ i' /ufl+i /E �:\ f i,7.tS ,5knrcne i•: �. 7E• 7L iN ✓u tx.t ..v . .v �' °Si'��.yr. +»+. I.. i <.. ,P*y 'ti Ei:e•sra�'ia�e,�`i ' ]� �� " kl ° • �,� � I+. jj,l•�d�t ,.era GrXcx Ya '. y'!,�^� : i ,i• SncLsve =s Rsiauram•t%�iy -�. •, . � Bar mi Kg MASS Rail "-.. �.%n- 6Hv...w - - • lA f "�I ^` GtOTe f0 W %tn / c NJ �5!•ia ._zj 4444,U 04 h �� t - ANC 1 W X U ti C u o k k kA \0 0 f IV M � �h n° a y \ o N a j tiA� b 14 a fi t i� ao�t s n b c s � yd `1 �a Vo K L✓�'S� ^eH cry IgPyln/N /i✓q� tlf��V��loi✓ a y k kh M a NN i d r+ 48 �l v SnS 2�C �'1 C I ab a y k kh M a NN i d r+ 48 �l v SnS 2�C �'1 C I L¢ne �wmv mam� d e i — i_ • p haw Piakar Lane # +av _! x ' C- 4 p i s d I - C7 i x r �I- •. . .4 si fit t r e ty ! Hestia n a e e z JIM? �% t i Id[ p4 ��{ " R � ) l ' . . d _ � � =11,11 1 N i $ j 11,x1 i fit 1 IT b ill P � 1 °�iq an S Sa�aa g!& fit Ulf o Q. If 12,01 � iEt 1 jR to 'Y a'/v - 49 KPB Parcel Viewer t •, It PHilf f- Nl ,, nR )m , 1/1117z' , 50 The OPEN CELL" sheet piles are vertically arranged driven flat sheet Pile-composed structures that act as a horironrally -tied membrane to retain snit. The OPEN CSU bulkhead features a vertical fiat sheet pile anchor wall (tailwall) w restrain a curved flat sheet pile arch face. TSONIETRIC VIEW PATENTS: At left and above are models representing analysis of an OPEN CALL structure. Rigorous geotechnical analysis — performed on every structure we design — can include multiple methods imrolving both classic analysis and numerical methods that have provided consensus of results. PND has spent years temzog, observing, and refining the OPEN CELL system and holds all rekted information to be pmpnetary. The OPBN CM I)Stem is patented, holding US. Patent No. 6,715,964 B2; US, Patent No 7,018,141 B2; US. Patent No, 7,488,140 B2; and US. Patent Application No. 12/879,997. / OPEN CELL SYSTEM COMPONENTS: The OPEN CELT. S�,stetn utilizes Rat sheet piles and c;thcr; xtrtided connectors or welded connectors. The simplicity of the design and dnttbility of the materials allow PND to adapt the OPEN CELL system to many uses and conditions. Z Wye Pile \Tj \ .Gstna9ed or Welded Connector Anchor Pile �— Fiat Sheet n STEEL QUANTITY ESTIMATES: The graph below represents estimated steel quantity per foot of bulkhead wall height. (Wall height is measured from ground- or mud -line to top of a driven sheet pile. See isometric view on opposite page) Multi- Agency <*404 ^ Permit Packet - --`„ft- 1 R ENTER 7' 1 rocket Contains: Z .River Center Multi- Agency Permit Application ® Site .Plan Instructions & Checklist with Examples and Drawing paper ,Y es: Please answer all questions completely. If a question does not pertain to your activity, write "N /A ". ► This application will be distributed to multiple agencies including the Kenai Peninsula Borough, Alaska Department of Fish & Game, Alaska State Parks, U.S. Army Corps of Engineers, and the U.S. Fish & Wildlife Service. Individual agencies may contact you about your application. In some cases, additional information or applications may be re- quired. You are responsible for obtaining other required permits for your activity. P Project drawings and descriptions are an important part of your application. Please draw carefully and be sure to include the information outlined in the Site Plan Instructions & Check List. Site plan examples and paper are provided. p► Complete applications can take 30 days or longer to process. Be sure to plan your projects accordingly. ► For complete instructions on completing this application, visit our web site at www. kenairivercenter .org/application RIVER CENTER 514 FUNNY RIVER ROAD SOLDOINA, AK 99669 (907) 260 -4882 (907) 260 -5992 FAX www.kenaitivercenter.org Page 1r� 3 �'ti 9 "IO! °c3 Y /y /i 3 53 KPB Parcel Viewer Ky Printed: Apr 04, 2013 54 r ly H� LARD BDATLA �i RAG . I ET CT C a.... (yL.D- -- uo- - CANNERYR6 Z a w _ G� 3 OZ.4 - I n� •� w- . -. -LORA b DR g1 LN +Dpi Hp . - AV8 MUIR AVE - -- - KPB Parcel Viewer Ky Printed: Apr 04, 2013 54 Kenai Peninsula Borough Kenai Peninsula Borough Parcel hap:H ak- kenai- propertygovem=x,coadpropertyma ORM/tab _parce.,, generated on 41412013 8:31:10 PMEDT 2013 NOTICE VALUES ARE NOT CERTIFIED AND ARE SUBJECT TO APPEAL CERTIFIED VALUES FOR 2013 WILL NOT BE AVAILABLE UNTIL JUNE 1, 2013 Parcel Number Tax Account Parcel Address 2013 Total Data a of Assess s Value Year 04910103 $241,300 3/1/2013 2013 Owner Name Owner Address Transfer Date Document # Deed Book/Page Owner Information KENAI LANDING INC 4786 HOMER SPIT RD HOMER AK 99603 -8001 02/13/2004 2004001300 00 Location / Description Taxing Unit 30 Base MAP KR05 Deeded Acreage 6,3800 Legal De= T 5N R 1i W SEC 8 & 17 Seward MERIDIAN KN 0001358 ALASKA TIDELANDS SURVEY 115 Parcel Type Property Class Code 350 General Commercial 2013 Land Value 2013 Imp, Value 2013 Total Value Prior Land Value Prior Imp. Value Assessment Information $37,900 $203,400 $241,300 $189,900 $203,400 I of 1 55 4/4/2013 4:31 PM Kenai Peninsula Borough Kenai Peninsula Borough Parcel http:H ak- kenai- propertygovermmxcomtprop erVnax/GRM/tab —parce.,. generated on 41412013 8:31:46 PMEDT 2013 NOTICE VALUES ARE NOT CERTIFIED AND ARE SUBJECT TO APPEAL CERTIFIED VALUES FOR 2013 WILL. NOT BE AVAILABLE UNTIL JUNE 1, 2013 Parcel Number Tax Account Parcel Address 2013 Total Data as of Assess Value Year 04910123 2101 BOWPICKER LN, KENAI $1,736,500 3/1/2013 2013 Owner Information Owner Name KENAI LANDING INC Owner Address 4786 HOMER SPIT RD HOMER AK 99603-8001 Transfer Date Document# Deed Book/Page Location / Description Taxing Unit 30 Base MAP KR05 Deeded Acreage 49.0200 Legal Desc. T 5N R 11W SEC 8 & 17 Seward Meridian KN 2005029 KENAI LANDING COTTAGES SUB TRACT A Parcel Type Property Class Code 341 Condo Underlying Parcel 2013 Land Value 2013 Imp. Value 2013 Total Value Prior Land Value Prior Imp. Value Assessment Information $751,600 $984,900 $1,736,500 $733,000 $1,207,300 I of 1 56 4/4/2013 4:31 PM Marilyn Kebschull Ilk From: Clifford Smith [cliff @vipalaska.com] Sent: Tuesday, April 16, 2013 5:16 PM To: Marilyn Kebschull Subject: Fwd: Automatic reply: Absence 04/24/13 Hi Marilyn, Last minute business trip will take me out of the office next week so I will miss the April 24th meeting. - - - -- Original message - - - -- From: Nancy Carver <ncarver(a)ci.kenai.ak.us> To: Clifford Smith <cliff()vipalaska.com> Subject: Automatic reply: Absence 04/24/13 Date: Wed, 17 Apr 2013 00:50:36 +0000 I'm out of the office until Monday, November 5th. If you need immedicate assistance contact Marilyn Kebschull at 283 -8235 or mkebschullnn ci.kenai.ak.us Regards, VIP Alaska, Inc. 43530 Kalifornsky Beach Rd Suite 4 Soldotna, Alaska 99669 Phone (907) 260 -6599 FAX (907) 260 -6590 This e-mail message from VIP Alaska, Inc. is intended only for the individual or entity to which it is addressed. This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e -mail by accident, please notify the sender immediately and destroy this e-mail and all copies of it. 57