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HomeMy WebLinkAbout1996-04-01 p&z packetCITY OF KENAI i PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 10, 1996 Work Session-6:00 p.m. Regular Meeting-7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 27, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-23-Conditional Use Permit-Marathon Oil Company- Tract A, Kenai Spit Subdivision, No. 2, Kenai b. PZ96-24-Conditional Use Permit-John R. Lowe-Lot 9, Anglers Acres Subdivision, Part 3, Kenai c. Proposed Halfway House Ordinance 7. NEW BUSINESS: a. PZ96-25-Landscape/Site Plan Review-McAloon & Albertson-Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) b. Sign code in Townsite Historic District 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) b. Enhanced 9-1-1 Mapping and Addressing Project 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda Page 2 April 10, 1996 _~~ 12. INFORMATION ITEMS: a. Resolution 96-28, Classification of KPB land within the City of Kenai b. Kenai River Special Management Area Advisory Board Minutes (3/7/96) c. Schmidt Petition to Amend City Zoning Boundaries d. Matsu Borough Ordinances Information 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo March 27, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 13, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-21-Preliminary Plat-Original Townsite of Kenai, J.C. Bookey Add. b. PZ96-22-Preliminary Plat-Hakkinen Estates Subdivision 6. PUBLIC HEARINGS: a. PZ96-16-Conditional Use Permit-Klondike's Bed & Breakfast- Ron's Acres, 285 Juliussen, Kenai b. PZ96-18-Variance for Sign Size & Location-Mapco Express-Lot 3B, Spur Subdivision #1, 1983 Addition c. PZ96-19-Kenai Peninsula Borough Land Classifications Within the City of Kenai 7. NEW BUSINESS: a. PZ96-17-Home Occupation Permit-S. Paulsen-405 Candelight Drive b. PZ96-20-Home Occupation Permit-D. Compton-2785 Beaver Loop Road c. Halfway House Ordinance 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) b. Enhanced 9-1-1 Mapping and Addressing Project 9. CODE ENFORCEMENT ITEMS: a. Pollard, Lot 10, Block 2, VIP Ranch Estates 10. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Page 2 Agenda March 27, 1996 `~ 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Memo to Council & Mayor Williams regarding Comprehensive Plan 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION March 27, 1996 MINUTES Meeting called to order at approximately 7 p.m. by Vice-Chair Glick. 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke*, Karen Mahurin Members absent: John Booth, Kevin Walker Others present: City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull *Goecke arrived at 7:10 p.m. 2. APPROVAL OF AGENDA: PHIL BRYSON MOVED TO APPROVE THE AGENDA AS SUBMITTED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY KAREN MAHURIN. AGENDA APPROVED. 3. APPROVAL OF MINUTES: March 13, 1996 KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES OF MARCH 13, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY TERESA WERNER-QUADE. Glick asked that the minutes be corrected to show that he and Werner-Quade be noted as present under the Roll Call section. Glick noted that the minutes show in the body the time they arrived but would like that reflected in the Roll Call section. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-21-Preliminary Plat-Original Townsite of Kenai, J.C. Bookey Add. Planning & Zoning Commission Page 2 Minutes March 27, 1996 Phil Bryson noted he would be abstaining on this plat. Glick stated that since Bryson would be abstaining there would not be a quorum to vote on the plat. MAHURIN MOVED TO POSTPONE PZ96-21 UNTIL THE NEXT SCHEDULED MEETING. MOTION SECONDED BY WERNER-QUADS. Glick asked if Mahurin wished to ask for unanimous consent? Mahurin affirmed that and the second agreed. La Shot stated he wondered if this would be a problem for the owner. Bryson stated he did not think it would. La Shot stated that P&Z could discuss the plat and pass it on to the Borough for action. Bryson stated that the owner would appreciate that but noted he did not know the schedule as he had kept hands off the project. Glick asked if any objection to unanimous consent to postpone action to next meeting? Werner-Quade commented that La Shot had suggested that the remaining commissioners could discuss the plat and pass it on to the Borough. Thus, if there was a time frame it could be moved in a more timely fashion. Glick asked Bryson if that would be a problem for the Borough to take action before the P&Z Commission. La Shot stated that this is an advisory matter. 7: 10 p.m. Glick noted that Mr. Goecke had arrived which could settle the problem. Goecke apologized for being late. Glick informed Goecke that the Commission had been discussing PZ96-21 and that Bryson had abstained. Glick stated a motion had been made to postpone. MAHURIN WITH PERMISSION OF THE SECOND WITHDREW HER MOTION TO POSTPONE. MOTION WITHDRAWN. MAHURIN MOVED TO APPROVE PZ96-21. SECONDED BY WERNER-QUADS. Glick asked if there were additional staff comments. La Shot stated nothing additional. Mahurin stated she was curious if anyone knew the intent o f the future building. La Shot stated he understood it would be a larger gift shop. VOTE: BRYSON ABSTAIN GOECKE YES GLICK YES MOTION PASSES. WERNER-QUADS YES MAHURIN YES Planning & Zoning Commission Minutes Page 3 March 27, 1996 b. PZ96-22-Preliminary Plat-Hakkinen Estates Subdivision RON GOECKE RECOMMENDED APPROVAL OF PZ96-22 PRELIMINARY PLAT FOR HAKKINEN ESTATES SUBDIVISION. MOTION SECONDED BY PHIL BRYSON. La Shot noted no additional staff comments. VOTE: BRYSON YES GOECKE YES GLICK YES WERNER-QUADE YES MAHURIN YES MOTION PASSES. 6. PUBLIC HEARINGS: a. PZ96-16-Conditional Use Permit-Klondike's Bed & Breakfast- Ron's Acres, 285 Juliussen, Kenai MAHURIN MOVED FOR APPROVAL OF PZ96-16. MOTION SECONDED BY GOECKE. Glick opened the public hearing. No public comment. Glick asked if any further staff comments and La Shot noted nothing additional. VOTE: WERNER-QUADE YES GOECKE YES MAHURIN YES BRYSON YES GLICK YES MOTION PASSED UNANIMOUS. b. PZ96-18-Variance for Sign Size & Location-Mapco Express-Lot 3B, Spur Subdivision #1, 1983 Addition WERNER-QUADE RECOMMENDED APPROVAL OF PZ96-18. MOTION SECONDED BY BRYSON. Public Hearing opened. Planning & Zoning Commission Minutes Page 4 March 27, 1996 PAUL FARNSWORTH, representing Mapco, 3335 Arctic Blvd., Suite 100, Anchorage, Alaska. Farnsworth advised he was the project manager for Mapco and stated he would like to speak briefly about the request for the variance and answer any questions. Farnsworth stated that the sign they are requesting is what Mapco considers to be the minimum size that gets the job done. Farnsworth continued stating in a convenience type store in a gas station, they are not really a destination. People don't go to Mapco; they go to Carrs, K-Mart, etc. They stop by Mapco to get gasoline and possibly soda pop. Farnsworth stated they had found at their other Alaska locations and throughout the U.S. the I.D. sign telling people who they are and getting prices out on the street is part in parcel with the business. This particular sign that is proposed is smaller than Mapco's standard sign that is being installed in Anchorage and other parts of Alaska right now. Farnsworth stated they had felt this smaller sign would be more in conformance with the local ordinances and keeping with the community. In looking at the sign and reading the ordinance, they had tried to determine what they could eliminate from the sign and still display the business and get the information out to the people that are coming by on the street. Farnsworth they felt the proposed sign was the minimum that would get the information. Farnsworth noted that what is shown on the drawing is not quite correct. The sign will be installed not perpendicular to either property line if it is approved. It will be intersecting the corner at about a 45 degree angle. There are two 4 by 4 signs shown on the site plan. The one that is on the Spur Highway, they are proposing to eliminate. There is a grove of trees that they are going to try to keep and it appears that the grade will allow them to keep the trees and eliminate the sign. Farnsworth noted this request is for the one sign on the corner and one 4 by 4 sign on Bridge Access Road. Glick asked if the one on Bridge Access Road would be angled on the corner instead of how it is shown on the drawings. Farnsworth stated that was correct. Farnsworth added that the distance from the Spur Highway to the property, when you drive by and see the grove of trees, that is actually the property line. There is 70 to 80 feet between the edge of the property and the Spur Highway. Thus, the property is set well back from Spur Highway. It is considerably closer along the Bridge Access Road. MICHAEL CHRISTIAN, 613 MAPLE, KENAI, AK-Stated he would like to protest the variance from the sign codes especially on that corner. Christian stated he recalled years ago when they tried to build a Dairy Queen on that corner and there were very strict rules on what they could do and what they couldn't do on that corner and that corner is probably the most beautiful one in the city because they required vegetation be left, small signs, and the building being set back. Supposedly they had the same Planning & Zoning Commission Page 5 Minutes March 27, 1996 requirement on the strip mall that is on the corner opposite or kitty corner across the street, but they went against the rules and put up Arby's where they were supposed to leave trees and vegetation and that corner does not look too good. Now with Mapco going in across from there and the number of trees that have been cut down there, to put up one of these big garish signs on that corner will ruin it. Christian commented that one side of the street looks fairly nice and the other side with Arby's and now Mapco with a huge ugly sign he felt would really deteriorate the corner. Christian stated that Farnsworth had stated these were smaller standards than Anchorage but he thought most of these sites were an abomination to the eye. Christian stated he thinks the code needs to be kept where they are set and to enforce them. Christian stated he didn't see any reason to make a variance for a sign in that particular location. Public hearing closed. Glick asked if staff had further recommendations. La Shot stated no other recommendations but would note that a variance had been granted for Carrs to exceed square footage on the entrance that they have out front. Carrs is just under 154 square feet with their sign due to multiple businesses. La Shot stated that is the same with the K-Mart sign. La Shot noted that this being a single business it is limited to the 81 square feet by our code. Goecke asked for La Shot to clarify the multiple business comment noting there is not any multiple business on Carrs' main sign. La Shot stated they don't necessarily have to advertise multiple businesses. The determination at the time was if they have them on their site. La Shot stated since Carrs has Oaken Keg and there is a bank in there it qualified. Glick commented that at the time wasn't the main sign about the right size but it was added because of the second sign made them go over the requirement. Mahurin commented she is not in favor of the variance noting that she feels that the sign ordinance is one that was very controversial and required a lot of public input. Mahurin stated she felt that the citizens of Kenai feel pretty strongly about what they want with their community. Mahurin noted she is pleased to welcome Mapco; however, she feels their colors and their sign speak well for their business and everyone will quite clearly know what is there. Mahurin stated she will be voting against a variance on this. Goecke stated he felt that the sign could be made smaller. If not, he commented he doesn't have a problem with the sign. The sign ordinance was made before any real business venture got started on the Spur Highway. Goecke stated he felt they need to have the right to let it be known where they are at and added that he felt the sign ordinance needs to be completely reworked. Werner-Quade commented that Mapco is requesting two things in one variance and stated she had trouble with that. Werner-Quade stated she does not mind the size of the sign but she is in objection to the sign being located so close to the road. In other Planning & Zoning Commission Page 6 Minutes March 27, 1996 words, noted she would feel fine about the large sign if it was in the range where it is supposed to be. Werner-Quade stated she had a torn feeling about the resolution covering two items. Bryson stated his comments were probably the opposite. Bryson stated it is close to their property line but the line is set back from the driving surface some distance. Bryson stated the sheet he had did not indicate the distance from the Spur Highway. Bryson stated it appears to be on the order of 30 feet from the curb line on Bridge Access Road. Bryson stated he has a concern about the size itself. Bryson stated the primary message appears to be the gas prices themselves and those figures are approximately 2.5 feet high numerals. Bryson stated he felt it was excessive. La Shot stated that he had mentioned on the staff report that it is about 100 feet to the travel way of the Spur Highway from the sign and didn't have a problem with it being that close to the property line in that circumstance. La Shot stated he didn't think it would block visibility on the corner. Bryson stated that the way the sign was set up 12 feet off the ground would preclude any blocking of traffic visibility on the intersection itself. Werner-Quade commented that she recalls driving in large cities and doesn't mind if signs on their building but doesn't appreciate the large signs right out next to the driving area. Werner-Quade stated she felt it was obtrusive. VOTE: GOECKE YES BRYSON NO GLICK NO MAHURIN NO WERNER-QUADS NO MOTION FAILED-4 TO 1. Bryson requested that the individuals be notified of the right of appeal. Glick advised Mapco they had the right of appeal to City Council or they could return to Planning & Zoning with a revised request. b. PZ96-19-Kenai Peninsula Borough Land Classifications Within the City of Kenai GOECKE RECOMMENDED APPROVAL OF PZ96-19 BOROUGH LAND CLASSIFICATIONS WITHIN THE CITY OF KENAI. MOTION SECONDED BY BRYSON. Public Hearing opened. No comments. Planning & Zoning Commission Page 7 Minutes March 27, 1996 La Shot noted that Lisa Parker was supposed to be in attendance. La Shot stated the Borough is going through a process of classifying their lands. As a part of the Borough code, they have to do this before they can dispose of properties. The Borough moved up the schedule within the City of Kenai because the city has been pressuring them to acquire a well site out east. La Shot stated the city has reviewed this and feel that the chosen classifications fit in with the present zoning except with the government stipulations. Those could be allowed through the conditional use process. La Shot noted that most of those government designations denote school sites. The waste handling and the recreation zone was a waste handling site before it was a recreation, thus it has a grandfather situation. La Shot stated he had two maps available and he could show the Commissioners the location. Glick asked if the Commission should take a brief recess to review the maps. Bryson stated he would request to recess as he had tried plotting the lands to figure out where they were and had some confusion. La Shot stated for the record he needed to make one change. On page 2, at the bottom Parcel 4501007 the Borough classification should read government rather than residential. RECESS: Glick asked if there were any questions since reviewing the maps noting that if for some reason a designation needed to be changed it could be done later. Bryson noted that the Borough process is much less enduring than the city zoning if a designation needed to be changed at a later time. VOTE: MAHURIN YES BRYSON YES WERNER-QUADE YES GOECKE YES GLICK YES MOTION PASSED-UNANIMOUS. 7. NEW BUSINESS: a. PZ96-17-Home Occupation Permit-S. Paulsen-405 Candlelight Drive MAHURIN MOVED TO APPROVE PZ96-17. MOTIN SECONDED BY WERNER- QUADE. Glick asked if additional staff comments. La Shot stated nothing additional. Planning & Zoning Commission Minutes VOTE: BRYSON YES GOECKE YES GLICK YES MOTION PASSED-UNANIMOUS. Page 8 March 27, 1996 WERNER-QUADE YES MAHURIN YES b. PZ96-20-Home Occupation Permit-D. Compton-2785 Beaver Loop Road GOECKE MOVED TO RECOMMEND APPROVAL OF THE HOME OCCUPATION PERMIT FOR COMPTON. MOTION SECONDED BY MAHURIN. La Shot noted he had nothing additional adding that the Comptons were available if the Commission had questions. VOTE: WERNER-QUADE YES GOECKE YES MAHURIN YES BRYSON YES GLICK YES MOTION PASSED-UNANIMOUS. c. Halfway House Ordinance Glick stated the Commission had a memo in the packet. La Shot stated the ordinance had been created at the request of Councilman Smalley and Bannock. La Shot noted that at this time halfway houses are not allowed unless under Conditional Use Process. Feelings were that it needed to be clear in the code as well as a definition of what was considered to be a halfway house. Glick asked what was being asked of the Commission. La Shot advised the Commission was being asked for recommendations before the ordinance goes further in the process. GOECKE RECOMMEND THAT PLANNING & ZONING COMMISSION ACCEPT AS DRAFTED RESOLUTION 14.20.325 FOR HALFWAY HOUSES AS PRESENTED. MOTION SECONDED BY BRYSON. Bryson commented this relates to a problem he has with several situations. Bryson stated that possibly halfway houses should be prohibited in some areas of town. Bryson noted that while in the process of looking through the proposed document for the prime residential zone, he had several concerns relating to the land use chart. Bryson Planning & Zoning Commission Minutes Page 9 March 27, 1996 explained that the current chart is read with a notation that P means permitted and C means Conditional Use. If it is blank, it can be interpreted as a conditional use situation. Bryson stated it if is conditional use, the chart should show it as a C. Goecke stated he was wondering if we couldn't add one word at the end of the sentence (b) saying, "Halfway houses may be allowed by conditional use permit ONLY in the following zones:" Glick noted that would change the meaning. Bryson noted that would satisfy his concern in this area. Mahurin noted her concern that this was being considered without a public hearing and would like to recommend that the matter come back to Planning & Zoning as a public hearing before it goes to council. MAHURIN MOVED THAT A WELL ADVERTISED PUBLIC HEARING BE HELD PRIOR TO PASSING THE ORDINANCE ON TO CITY COUNCIL. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. UNANIMOUS. Glick asked if the Commission wanted the wording changed to include the word "ONLY". Bryson commented this is a very sensitive situation. Werner-Quade noted she had received the information she had requested from Matsu Borough and had asked Kebschull to provide copies in the next packet. Werner-Quade stated she felt the language change was important and added that she felt it would be helpful for the Commission to review an ordinance that is in effect. 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) Glick noted that the Commission had asked that this item be brought back. Bryson commented that he has five or six areas of concern. Bryson reiterated his concern with the Land Use Table noting that he felt that use should be identified whether or not a use is allowed to make it apparent that a conditional use permit will not be allowed if it is determined that a use is not allowable. Planning & Zoning Commission Minutes Page 10 March 27, 1996 Glick stated there appears to be a need for some kind of a definition not only for the new zone but for the entire table. Bryson noted that now the table denotes conditional use with either a C or blank. Bryson stated he doesn't have a problem with the proposed set back. Bryson commented that he doesn't feel the 15,000 square foot minimum lot size is appropriate for any subdivision in the city noting that less than 3 percent of lots in Redoubt and approximately 5 percent of lots in Woodland would meet this criteria. Bryson stated he feels the size should have at least 90 percent compliance for the area it will be applied to. Bryson noted that 12,000 square feet would bring the lots in the 80 to 85 percent compliance in Woodland. Glick commented on the square footage required for lots without water and sewer being 20,000 and questioned how that could be less than the 40,000 . Goecke stated that looking at the Land use Table under the new proposed Prime Residential zone on page 14-66 that there is a C (Conditional Use) under churches, schools, government buildings, or parks and recreation. Goecke commented that he felt under the Prime Residential zone they wouldn't want government offices or schools. Goecke noted he has nothing against churches and schools but don't think they should be allowed as a conditional use. Werner-Quade commented that all the Commissioners receive their packets and noted how she reviews the items. Werner-Quade suggested that the Commission consider a work session to go through the process. Werner-Quade noted this is a project that requires considerable thought and that in a work session environment they could discuss each item and network with each other. Glick asked how the rest of the Commission felt? Bryson stated he felt it was a good idea and that would allow people to explain their feelings on the situation and to hear both sides as to what should be allowed in a residential area for appropriate use. Mahurin stated she agreed that a work session is a good idea and noted that she felt there is a need for this zone. Mahurin requested that if a session is held it be either before or after the regularly scheduled meeting as that is the night she has set aside for P&Z. GLICK ADVISED TO SCHEDULE A WORK SESSION FOR 6 P.M. BEFORE THE NEXT SCHEDULE MEETING. Werner-Quade stated that somehow she needs to know what she is to be looking for and stated she would make time to visit La Shot before the next meeting. Planning & Zoning Commission Minutes Page 1 1 March 27, 1996 Glick stated the work session would be between 6 and 7 p.m. and anyone who would like to attend would be welcome. b. Enhanced 9-1-1 Mapping and Addressing Project La Shot advised he had passed out a sample of what he is doing on the project and would like any comments or suggestions. La Shot stated he is basically making a chart and explained the chart that had been provided. La Shot stated the Borough had suggested 127 name changes. La Shot continued explaining the process he is using to determine the final name suggestion. La Shot stated that at the last meeting he suggested a schedule; however, he would like to modify that. La Shot stated he would like to bring the project back to P&Z on April 24th and then take it to City Council on May 1St. La Shot stated he should have the chart complete in two to three days and would have a copy for information and review in the next packet. La Shot stated he also intends to send a copy to the Borough, the Post Office, and dispatch for their review. La Shot noted it is taking longer to go through this process than expected and that it will also take some time for those agencies to review the suggestions. La Shot noted that the Borough had asked for a completed document by May 1St. Glick asked if anyone was against La Shot's suggested schedule. La Shot stated if anyone has suggestions to let him know. He explained that a public hearing or mailing notices to anyone within 300 feet is not required under the code. However, La Shot stated he would like to advertise in the paper as well as post a notice at the post office. Glick stated if we don't have a public hearing the public could become upset. La Shot stated he is trying to conform to the address map system as much as possible. La Shot stated people have accepted those names and most names are not changing. Most changes are prefixes or suffixes. Bryson questioned if Broadway is the road next to the side of the school. La Shot stated it runs off of Broad Street running west. Bryson asked if it is paved? La Shot stated no and that it is not even city maintained, more an alley. Bryson clarified it is toward Benco Building and behind Key Bank. La Shot stated it runs east/west. La Shot added he has a map he has been using that the Commissioners are welcome to come to look at. 9. CODE ENFORCEMENT ITEMS: a. Pollard, Lot 10, Block 2, VIP Ranch Estates Planning & Zoning Commission Page 12 Minutes March 27, 1996 Glick asked if staff had anything additional. La Shot stated nothing in addition to the comment noted on the letter that Mr. Pollard was in the process of moving to the Red Diamond Center. Mahurin commented that the vehicles at First and Birch have gotten worse since the last discussion. La Shot stated he, as well as the Building Inspector and City Attorney, have viewed the site. The consensus is that it is ugly but nothing that can be done as far as the vehicles that are being kept there. La Shot added that short of an undercover operation to see if they are running a garage, the city is limited in what it can do. Mahurin commented that there used to be four vehicles there and now there are about 12. La Shot reported that the city had a couple abandoned trailers removed from city property near Spruce Street. 10. REPORTS: a. City Council Council members were unavailable as attending budget meetings. b. Borough Planning Bryson reported that the Borough Planning Commission had met on March 25th and a copy of the agenda was in the packet. Bryson stated that they had a work session prior to their regular meeting. The work session was on the Kenai River proposed habitat ordinance. Areas of concern and proposed modifications to the proposed ordinance were discussed. There were a number of amendments recommended by the Planning Commission. Bryson noted that at this point the city is still included in the district. Bryson added that they considered a number of plats but none were within the city. c. Administration Kebschull advised that at the Townsite Historic District Board meeting they had voted to send a request to Planning & Zoning to amend the sign code within the zone. Kebschull advised there concern was that there is not a specific code for the zone and that they are included under the commercial zone. Kebschull stated they would have something in the next packet relating to TSH Board's request. In addition, the Board had discussed their confusion with the status of the Shkituk' site as far as boundaries and site assessment. La Shot answered Commission questions regarding the site assessment and status of the FAA antenna farm. Planning & Zoning Commission Page 13 Minutes March 27, 1996 11. PERSONS PRESENT NOT SCHEDULED: MICHAEL CHRISTIAN-Asked about the scheduled work session on the prime residential zone and wanted to know if it was open. Glick advised it would be a working group and he was welcome. Christian asked if the Commission had received a copy of the letter from Kristine Schmidt. La Shot advised the city had received a letter and a response had been sent today. 12. INFORMATION ITEMS: a. Memo to Council & Mayor Williams regarding Comprehensive Plan Glick noted that the Comprehensive Plan would be tabled until after the budget was complete. 13. COMMISSION COMMENTS & QUESTIONS: Werner-Quade advised the Commission was expecting a baby girl in September. 14. ADJOURNMENT: BRYSON MOVED FOR ADJOURNMENT. MOTION SECONDED BY MAHURIN. MEETING ADJOURNED AT APPROXIMATELY 8:25 P.M. Respectfully Submitted: arilyn Kebschull Administrative Assistant CITY OF KENAI ~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~v 1III~~ 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been Scheduled for the Planning and Zoning Commission Meeting of April 10, 1996: A Conditional Use Permit for a Gas Well at Tract A, Kenai Spit Subdivision, No. 2. Permit requested by Marathon Oil Company. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to April 10th . For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY March 26, 1996 STAFF REPORT To: Planning & Zoning Commission Date: March 26, 1996 Prepared By: JL/mk Res: PZ96-23 GENERAL INFORMATION Applicant: Marathon Oil Company P.O. Box 196168 Anchorage, AK 99519-6168 Requested Action: Conditional Use Permit-Gas Well Legal Description: Tract A, Kenai Spit Subdivision, No. 2 Existing Zoning: IH-Heavy Industrial Current Land Use: Industrial ANALYSIS City Engineer: In 1988, Unocal received a Conditional Use Permit for drilling a production gas well at this location. Marathon Oil Company is now the operator of Cannery Loop No. 1 and plans to drill another well (Cannery Loop No. 5) at the same location. The attached plan describes the operation, methods of water disposal, etc. Building Official: No building code issues. RECOMMENDATIONS As the proposed new well is at the site of an existing one and zoned Heavy Industrial, recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-23 ~ 2. Application 3. Surface Use Plan 4. Drawings CITY. OF KENAI PLANNING. AND ZONING COMMISSION RESOL UT/ON NO. PZ96-23 ....CONDITIONAL. USE PERMIT EXTRACTION OF NATURAL RESOURCES A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY KENAI GRANTINGA REQUEST FOR A CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES GAS WELL-CANNERY LOOP N0. 5 LOCATED TRACT A, KENAI SPIT SUBDIVISION, N0. WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.154 has been submitted and received on: March 22, 1996 2) This request is on land zoned IH-Heavy 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. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: April 10, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED EXTRACTION OF NATURAL RESOURCES 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, ON THE 10T" DAY OF APRIL 1996. __ ~! ~~ CHAIRPERSON ATE Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT ~~'~z~_.- ---~~2e ~j m i1M~ ~ ~p r -" ~~ ~~`~i ~~ i d~e8L99ti NAME ^',ARATHON OIL CO~~PANY B.C. Penn PHONE (907) 564-6428 Fax (907) 564-6489 MAILING .ADDRESS p.O.Box 196168 Anchorage, AK 99519-6128 ADDRESS 3201 C Street Suite 800 ~4nchorage, AK 99510 LEGAL DESCRIPTION Section 7:SE4SEQSE; T5N, R11LJ, S.t~. Tract A Kenai Spit Sub #2 ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described:Surface Extraction of Natural Resources. A development well vrill be drilled for natural gas production. Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans sho»i*~g ,the l~cati~e:~. of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS: ~"arathon is the successor to Unocal as operator in the Cannery Loop Unit. Unocal recieved a con i Reso ut~on o. - . Applicant Signature: Date: 3 I8~9 6 Approved at P&Z Meeting: ,~~ ~ ~ i Approved: Chairperson Alaska Region Domestic Production M Marathon MARATHON Oil Company P.O. Box 196168 Anchorage, AK 99519-6168 Telephone 907/561-5311 March 20, 1996 Mr. Jack La Shot City Engineer City of Kenai 210 Fidalgo Ave., Suite. 200 Kenai, AK 99611-7794 Dear Mr. La Shot: Enclosed for your handling is a Conditional Use Permit and check for $105.00 to cover the filing fee. Marathon proposes drilling a well, the Cannery Loop No. 5 well, on a private parcel owned by Marathon Oil Company. Pursuant to the provisions of the Kenai Municipal Code 14.20.150B(2)(i)(ii), the subject four-acre tract of land is legally described as Township 5 North, Range 11 West, S.M., Section 7: SE%4SE%4SE%4, and also Kenai Spit Subdivision Number 2, Tract A (plat K82-25). Marathon requests that the Conditional Use Permit be effective June 1, 1996, or thereafter, when approved. In support of this application, Marathon feels that the economic effect will benefit the Kenai area in that both goods and services will be required by our operation, additional gas reserves will be delineated and developed, of which the State of Alaska and the City of Kenai receives a royalty, and the drilling operations will be a short term activity, posing little or no adverse result to the adjoining properties. Also included are the Plan of Operations and Map showing location and facilities associated with the oil and gas drill site development. These are for planning purposes only, and do not reflect the actual arrangement and scope the site may be modified to allow for prudent oil and gas development. Thank you for consideration to this matter If you have any questions, please contact me at 907/564-6428. Sincerely, a ,~ radley G. enn, CPL Alaska Region Landman BGPlI¢:LAND~CL#50318.LTR Enclosure A subsidiary of USX Corporation Environmentally aware for the long run. SURFACE USE PLAN FOR CANNERY LOOP UNIT #5 SURFACE LOCATION: SEi/aSE~/a of Section 7, T5N, R11 W, Seward Meridian 1) Existing Roads Existing roads which will be used for access to Cannery Loop Unit #5 are shown on the attached map. They are Kalifornsky Beach Road and Cannery Road. 2) Access Roads to be Constructed or Reconstructed No new roads will be constructed. An existing drilling pad will be used. See attached pad layout diagram. 3) Location of Existing Wells The nearest existing well is Cannery Loop Unit #1 located in Section 7, T5N, R11 W, S.M. Cannery Loop Unit #5 will have a surface location approximately 100' east of Cannery Loop Unit #1. 4) Location of Existing and/or Proposed Facilities The placement of additional production facilities is contingent on the results of the well. If required, they will be placed on the drilling pad. The existing facilities are shown on the attached diagram. 5) Location of Water Supply An existing water well is located on the drilling pad. 6) Construction Material A de minimus amount of sand and gravel will be used to smooth and level the location. 7) Methods of Handling Waste Disposal a) Mud and Cuttings Mud and cuttings will be dewatered on location. All clear liquids will be hauled to the water disposal facilities on Pad 34-31 of the Kenai Gas Field for injection into Well WD #1, an approved disposal well (AOGCC Permit #7-194) or other approved disposal site. Cuttings from the well and excess ~nrs) H:\WP\DRIU95\CLU5SUP mud will be hauled to Pad 41-18 of the Kenai Gas Field for disposal into Well KU 11-17, a Class II disposal well (AOGCC Disposal Injection Order No. 9, Permit #81-176) or other approved disposal site. The rig contractor will be required to provide an additional 1000 to 1500 barrels of reserve capacity while the rig is in operation. b) Garbage All household and approved industrial garbage will be hauled to the Kenai Peninsula Borough Soldotna Landfill. c) Completion Fluids Salts and brine used during completion of the well will be hauled to the water disposal facilities on Pad 34-31 of the Kenai Gas Field for disposal into well WD #1, an approved disposal well (AOGCC Permit No. 71-194) or other approved disposal site. d) Chemicals Unused chemicals will be returned to the vendor which provided them. Efforts will be made to minimize the use of all chemicals. e) Sewage Sewage will be hauled to the Kenai sanitation facility. 8) Ancillary Facilities A minimal camp will be established on the pad to house various supervisory and service company personnel. Approximately two house trailer type structures with sanitary holding tanks will be required for this purpose. Bottled water will be used fcr human consumpticn. Potable vJatCr for SiiinS di d shl7vvcrs vJlii b~ vbtaii led from an existing water well on the pad. Town & Country Pumping will collect and transport sanitary wastes to their ADEC approved disposal facility. No airstrip or additional structures will be required. 9) Wellsite I..ayout The wellsite layout will be determined after determination of the rig contractor. 10) Plans for Reclamation of the Surtace Reclamation of the drilling pad will occur following abandonment of all wells on the pad. (nra) H:\WP\DF11LL95\CLU5SUP 11) Surtace Ownership Marathon Oil Company is the owner of the Land where the drilling pad is located. 12) Other Vehicle parking areas, as well as other areas on the pad where equipment will be set up and operating, will be lined with an impervious liner to contain incidental drips and spills. (nrs) H:\WP\ORILL85\CLU5SUP ~ ~ C7 O J m F Z W a v W O W ~_ W O b X O ~ ~ O r - M pC i0e00N ~J-~~~ ~~~~ ~~~ R (lano~6~ r(~auuoa of pool! ,bZ ~~~. _l .~ ~` -~ c - ~ ~~ ~ ~-m ~_ Z I.f~ O O I W Z z U ~~ I) I .I-I _I Q O } W O C3 r ~z 00 ~ J_ ~ O m v a~ ~.~_~ N W Y~ M- W i ~~:g O ~ ~.. • :.S x O a~ • C Z __~a ~ < ~' :::. i ~ r ~ ^~ r e .. •_ 1 Wi _ ~~, i W C7 ~c ~ J ! O ~ i 1 N~ .rss ,OG / O ~ .~ .- U :I m :» ; -i oo J F C ' ~ s I C C t 1 C - Z _ * t ~ x'11 I a + ~ _ I U V ~I ~ f' 4 ~ _ ~ y ~i 1I .1 ~ W ' I Q I Q gN.Ot ,~ U ~_ _ ,~ ,~ o - ~o I. .~~_ `~ ~ a IM ~ ~ ~' ~~ ~ ~~` ~ ! ; ~ ~~._~ j V ~. O m W F- 3Y z W ~ ~~ J 3 °D m mo 0 X ~ ~~ .- 3 •, ~ J~ •- I 1 .' .. I I I .. I ~ i , ~ I ~ I .. ----i------ ' ~ •.•~ --•---- ~-------I----- --i-------- I r ~ I I ,o r ~ I I I I ,• I ~_ •: I~ • 1 .. aD s ~ ~ - - ~ - -- - ~ .097 1s '`'S 's .. - - t - --1+ ' ~ i I Ib ~ v N T .~, ~~ -~ ~ - - ~ • O°- ~ ~' I O ON h~ h I c, ~ - 111 ': ~ p~ W I Oh c O . i rn I I . . ~ Gtt•rst•x •vtJ ~,~ ti . on ile t n.~ _ _ __~._ ~ __I.._..~_, ~ -._..-Mir.-iM~,~„y~, o~ t~ c T --ciry ,--- -- - - I t 1~ ~ . • Ih 1 ~ I _ 1~Ly~F . 1$ ~yt~ ~ • {\ la I 1 I 1 1~ t ~ . Iq t 1 I 1 1 1 jl ( ~(~ • O • •~ .• ~ ., ,1 ~ ~ ~•=/ rv ~ N h • 1~7 ~ (n a e O~ ~ \Jh ~ ~ x ~~ ., „ ~ h ~ T d' ~ .+ • ~ -1 1d '}' ~ ap r ~ ~ r ® ~ v ~ .A ~ ~ ~ :. a ~ ~ ~ ~u ~1 CITY OF KENAI ADVISORY PLANNING ~ ZONING COMMISSION RESOLUTION N0. PZB~ A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES AS AUTHORIZED 9Y 1~1~20,1s4 OF T!-!E KENAI ZONING CODE, FOR ~~ b'' ~-/~ ~~iDO.~~ located ,~~ ~~~/c~ Sf ~~C, ~~7' WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec. 14.Z0.150,c) and 14.20.151, and has been submitted and received on ! f~ ~~ 2. That the applicati n has been reviewed by the Commission at their meeting of T/3~~~' and found that all application requirements (have) (have not) been satisfied, and 3. That a public hearing as required by Sec. 14.20.153 & 14.20.180 was conducted by the Commission on ///.~~~~ 4. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified by Sec 14.20.154(a), and 5. That the following addii^ional requirements have been established by the Commission as a condition of permit issuanc:.z: 6. That the operational section 14.20.155 shall be submitted on an annual basis beginning on /-/~~ CONDITIONAL USE PERMIT Natural Resources Page 2 NOW, THEREFORE, BE IT RESOLVED, by the Advisory 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 administrative official to issue the appropriate permit. . PASSED by the Advisor Planning ~ Zonin Commission of the City of Kenai, Alaska, this ~.~ ~ day of 19~. Chairm n ATT~CT. - .. CITY OF KENAI ~ ~' ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ wF~aq tII~I~ 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been Scheduled for the Planning and Zoning Commission Meeting of April 10, 1996: A Conditional Use Permit for a guide service and boat parking to be located at Lot 9, Anglers Acres Subdivision, Part 3. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to April 10th . For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY March 26, 1996 STAFF REPORT To: Planning & Zoning Commission Date: March 26, 1996 Prepared By: JL/mk Res: PZ 96-24 GENERAL INFORMATION Applicant: John R. Lowe 1405 W 46t'' Avenue Anchorage, AK 99503 Requested Action: Conditional Use Permit-Guide Service & Boat Parking Legal Description: Lot 9, Anglers Acres Subdivision, Part 3 Existing Zoning: RR-Rural Residential Current Land Use: Low density residential/Recreational/Commercial ANALYSIS City Engineer: The applicant wishes to operate a guide service from his residence. He does not intend to rent rooms to clients. The operation is similar to Conditional Use Permits issued at several locations in Anglers Acres Subdivision, two recently on Lots 17 and 8. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-24 2. Application 3. Drawings 1 I CITY OF `KENAI PLANNING AND ZONING COMMISSION RESOLUTION ND. PZ 96-24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: JOHN R. LOWE USE CONDITIONAL USE PERMIT-GUIDE SERVICE AND BOAT PARKING LOCATED 1 135 ANGLERS DRIVE-LOT 9, ANGLERS ACRES, PART 3 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150, has been submitted and received on: March 26, 1996 2) This request is on land zoned RR-Rural Residential 31 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. b. 41 That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: April 10, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT 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, APRIL 10 , 1996. CHAIRPERSON ATTEST: Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT NAME ~ ~ y~ l~ • ~ D Gv ~ PHONE ~ ~ - J Z ~/ 7 MAILING ADDRESS ~'~n-~~ !.!~ ~~ ~ i~/L(_.-'~O/1~~,~' ,~j~ J~oS~~~ ADDRESS // ~Lo~ ~ ,~~,~~ LEGAL L C ~. G~ ~~ ~ ~'S ~~~5 r j'~av~'_. DESCRIPTION ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: "/ Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. ~ A Public Notification and Hearin is re g quired before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet ~~ ~ w w An approved conditional use permit shall lapse tcaelve months from the date of approval if the nonconforming use for which the conditional use permit wa's approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS : ~ ~ ; ~~ ~1 e,~ r -•c ~ ~' ;~fy~ /.%~,e ~~/ _ _ ~. ~ ~ ~ Applicant Signatur , ~ ( ~I~_Date: ~ -~ ~ ~~ approved at P&Z Meeting: Approved: Chairperson Attest: -- ---- ~ ~ -- - 10.E ,_ ~`.~" -- -.- ~ - i -- ---- - ~~ :: . _-- -- - ._ _. . ~ ~,,~' - _-_-T _ --- - -- - - ..~ - ~ -y - --- ~ i -- --- - -- ~ - ~-r.r~~~ A ! - -. - _- ~ - _-__~__-.---- e T_. _-__.-_.. -. _. ~ ` - ^~ ~ ~~-~1-~ -a --- --- -- - -- -- -------- - - ---- ---------- --~ `4 ' - - -- - `~ _ t -- - -- -- - --F~ ---------- - -- - -- - __ S _ f _ ~ . ` ,, r - ' - - -- ---- ---- ~-- ~ - - - ~ `'a--- ~- - -- - _ - ~ ~ - - - -- ----- ---- - - -- ~ ~ - - - ~ r .~ ~o~ ~ ~, ~~ - - ~ ~ --- ~ ----------- - / a .? ~ ~ ~ i r~ n J G~ ll 1: '; i7. (~ti ti f• ill Z ~~ ~~ t~ v, ~, ~: w\1 \t ,V^ _ • ~• Y a. ^1 ~_ ~~ ~~ i ~. r: ~.. r [~~ / i ~ ^' /~~~~ 8 9 ! 1 3 ~^y ~ ~~ ~ ~Q ~% .~,` ~,.r..~ ,~::: 1: C.~~'1 Vl •If \'i ..~ M 1 w (~{~ ,~ W Y W ~ ~ W ~ ~° 0~0 a~ h ti ~ ~ e ~ ~ ~ ~ ~~ ~ ~ :.~~~ ~,4 ,; ~ ti ~. ~ ~ ...f ~~ w ~'~ ' 4 (~ V t ~' c .. ~ ~: `lp` C ~. CITY OF KENAI ~~- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~,~.~ -- 'll~~l ,~~ MEMORANDUM TO: Members of the Planning & Zoning Commission FROM: ~~/teary R. Graves, City Attorney DATE: March 20, 1996 RE: Halfway House Ordinance Council members Smalley and Bannock asked me to draft an ordinance allowing halfway houses by conditional use permit in certain zones only. i Attached is the proposed ordinance for P&Z's review and comment. Please feel free to call or stop by my office if you wish to discuss this. Attachment i 14.20.325 Halfwav Houses: (a) It is the intent of this chapter to allow halfway houses by conditional use permit in certain zones and to prohibit their establishment in other zones. (b) Halfway houses may be allowed by conditional use permit in the following zones: Central Commercial (CC); General Commercial (CG); Light Industrial (IL); and Heavy Industrial (III. Halfway houses may not be established by conditional use permit or otherwise in any other zone in the city. (c) The term "halfway house" shall mean a "community restitution center" as established in AS 33.30.151 or other penal facility or place for persons convicted of a crime and designed to aid in their transition to private life. It shall not include anon-penal group home designed for two or more persons with a handicap as defined in the Fair Housing Act Amendments Act of 1988, 42 USCA § 3601 and following, living as a single housekeeping unit. l1„ STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: April 3, 1996 Res: PZ96-25 GENERAL INFORMATION Applicant: Stephen McAloon & Cathy Albertson P.O. Box 1298 Kenai, AK 9961 1 Requested Action: Landscaping/Site Plan Review Legal Description: Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) Existing Zoning: CG-General Commercial Current Land Use: Commercial ANALYSIS City Engineer: Sufficient parking and snow storage area appear to be present. Building Official: Applicant intends to build a structure on skids in the Merit Inn parking lot to sell espresso. This building will be self-contained for the most part. I don't believe they intend to alter the existing landscape. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-25 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION R~"SQLUT/ON NO. PZ 96-25 LANDSCAPING/SITE PLAN REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for The Espresso Barn located at The Merit Inn ,and received April 2, 1996. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 10 , 1996. `~,.~ AT E T: Planning Secretary CHAIRMAN / $gT %- R ~' 3 LANDSCAPINGJSITE PLAN REVIEW APPLICATION UCA ~ ~ - '~ ~ `( ~ MAILING ADDRESS , PHONE ~p`~ ~~ ~--~~~ ZONING DESIGNATION G RR RR-1 (Circle one) RS RS-1 RS-2 RU CC CG IL R TSH OWNER ROPERTY ~~ Please include the following in the Site Plan. If not applicable please put an NA next to the item. ~~ a. Common and scientific name of the plantin materials to be used in the 9 project. 1~ b. Typical planting details. `~~F \ c. Location ~f all planting areas and relationship to buildings, parking areas, and driveways. ~~ d. Identification and location of non-livin g landscaping materials to be used. `~'~~e. Identification of on-site snow storage areas..- ' 'L'~ f. Drainage patterns. ~~!~ g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. ,~`~ h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. ., Additional comments:~~`(4~J ~`~~~~~(C--~z ~~~~~,)J~~ _~'~uU~.~ -~~~ skis i ~!.~C~ >~ ~~`.. ~1~ ~~ ~ ~ ~ ~'~ c~aJ ~ ~ t LL ~ ~ C:\WPDOCS\fORMS\LANDSCAP.APP ~ _. WILLOW S-y-° .. ,a Z # .A x -~-- _.w~_ ., : , ~~ ~~ • 1~,la .In1 1 luu ol.l ~l ^ • b ~a~C-~ i ~~ z,S~t ~ ~ -- -- ~ y .. m N ~ ,• m o ': U :~ ~ ~ > ~ 1 N l~'1V `~~ a ~J-~ 1 CJ N l/ ! Q ~ ~ u 1 ~ 0 11001)01 _ ~ \ ~~ !S UUI l IS.U01 ' 7 r ~ .~ S ---~-_ ~ ° ..s v N o K V ~ e ~"~ $ e ~ k: _ ~ ° 1 '^ ' U 1--- +a n 'yn a 4 ~ Y ~~ 70 ! '1 i1pTp 511~c1wp = By r+ t • f ~I ~!_~__~__ ------ -- - FN --------'-'-- ~~ -~ C ,111 [aum+nl i° y lT0 UUI l' 7 li ~O v4 21.T 1a 0' Ap •p' • R1 4 f ~ -r, ~~-• ~. ' ~..~ W .~ .... .. .. ,G~•+ ._... _ N s° a . 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( ~ t -___. _._- -. _. --..-.-. i ~ I ~ I I ~1~ ~ ' t~ I ~ ~ ~ ~ ~' ~I b Memorandum Date: 04/02/96 To: Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant RE: SIGN CODE IN TOWNSITE HISTORIC DISTRICT At the Historic District Board meeting on March 26, 1996, the Board voted to recommend to your Commission that the sign code be amended as it relates to the Historic District Zone. The following is the TSH Board's recommendation: Rationale: According to the Juneau, Alaska Historic District Sign Standards, "The purpose of the historic district sign standards are to enhance, protect, and preserve the distinctive historical character of the historic district." The Townsite Historic District board would be included in the City of Kenai's permitting process by providing recommendations that would do the following: Signs for use in the Historic Townsite District shall be subject to a design review by the Historic District Board. Signage shall only be applied to building fronts and shall relate only to historic information, name, or principal use within the building. Signs shall express the special character of one's building or business, have a style and form which relates to the place of business, and be of a size which is in scale with one's building and the street scape as a whole. The review submitted shall include drawings that depict the size, placement on the building, lettering style(s), colors, materials, and content. The sign shall be reviewed for historic correctness, scale and character in keeping with the historic correctness in keeping with the historic district. Drawings shall be submitted in not less than 1 "=1'-0" scale. 04/02/96 Memorandum 2 The TSH Board requested that this information be provided to the Commission as soon as possible in the hopes that the process could be expedited. The TSH Board has an immediate concern with the increased development in the TSH zone. DOES THE COMMISSION RECOMMEND THAT ADMINISTRATION BRING BACK A SAMPLE ORDINANCE? CITY OF KENAI ., ~~ e~:~~ ~ la~~,~„ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 Ei~ ai-anennary '~II~- 1992 .r j;~ MEMORANDUM TO: Marilyn Kebscbull, Administrative Assistant FROM: ~(~~ Cary R. Graves, City Attorney ~,d DATE: April 4, 1996 RE: Sign Code in Townsite Historic District Your memorandum of Apri12, 1996 asked for any comments I might have regarding the Historic District Board's proposal to amend the sign code as it applies to the Historic District Board. I have reviewed the proposal and have two primary concerns with it. First, it appears to give virtually unbridled discretion to the Board to approve and review signs without setting forth any definitive standards for review. Restrictions on commercial speech (commercial advertising signs) for aesthetic reasons must be narrowly tailored to achieve the goal of reducing visual blight. Barber v. Municipality of Anchorage, 776 P.2d 1035, 1039 (Alaska 1989). Second, the proposal appears to regulate the content of the signs rather than the physical characteristics.I For example, political signs are not allowed. Political signs are aspects of free speech, which are protected under the 1st Amendment of the United States Constitution. In C~ of Ladue v. Gilleo, - U.S. , 129 L.Ed.2d 36, 114 S. Ct. 2038 (1994), the United States Supreme Court struck down a sign ordinance of the City of Ladue, Missouri, prohibiting political signs. See also McOuillin Mun Corp § 24.381 (3d Ed.). For the above reasons, I do not think such an ordinance would survive a legal challenge. CRG/sp C:\WP60\DOCS\P&Z\THDSIGN. MEM The proposal as I read it would not even set forth any definitive size restrictions. It would simply be up to the discretion of the Board. Bb MEMORANDUM TO: Lisa Parker, KPB Planning Department City of Kenai Police Department City of Kenai Fire Department City of Kenai Street Department Vicki Gilliam, Kenai Post Offic FROM: Jack La Shot, City Engineer DATE: April 3, 1996 SUBJECT: Enhanced 9-1-1 Mapping and Addressing Project Emergency Service Number (ESN) Attached is a list of City of Kenai streets that are proposed to have name changes and/or name clarifications to facilitate the referenced project within city limits. Please review this list and return comments, in order that the best options are chosen for alt concerned parties. The name designated in the "recommended official name" column is usually the most commonly used name by our present address system. In many cases, suffixes and prefixes are the only recommended changes. In other cases, time and circumstance have created several alias names for the same street or sections of that streets. Also, the city has renamed streets without the new names being recorded by the KPB (denoted by resolution numbers). We have tentatively scheduled public hearings for the Kenai Planning & Zoning Commission on April 24th and the Kenai City Council on May 1. Your comments would be appreciated prior to April 18th. Also attached are a complete list of city streets as compiled by the enhanced 9-1-1 projects and a list of streets recommended for changes (this list is the basis of our recommended changes). If you have any questions, please contact me at 283-7535. JL/kw cc: Tom Manninen, City Manager Keith Kornelis, Public Works Director N z 0 N W Q Z D W W z Fy- W W l~ Q Z O r r Z H W g ~ c °' ~ ~ ~ Y ~ Q N «. m ~ ~ 0 3 ~~ ~ ~ «. c c ~ ~ c ~ ~ r c°~ Q ~ ~~ W ~ ~o ~ ~ ~ .~ ~ ~ .3 ~ ~ c$ w m m a~ ~ rn ~'' °'o ~ o.; o~ 9 ~ c o c ~ m a~ R ~ ~ UmU ~ Q';, p ~'j m C y C~ m p m C .~ m m cq C. 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C '; g V JE > F- ~ ~ ~ ~ ~ ~ ~ pQ cn U ~ ~,: ~ '' r N C7 ~ 1A ~O f~ g ~ ~ N N N N N N N N ~G r ~ r r r r r r r r c Y 0 U 0 w rn rn a_ KENAI PENINSULA BOROUGH STREET NAME TYPES ;. TYPE DESCRIP~IOI~t .l ~~~~~~ j. . 2 Duplicate name within same ESN . ~• ~ 3 Coatiauousiy aligned street with •~ .i i~ .~ ,~ I~ i li ~.~. . ; different named~segments ~ , Street with alias name(s) ~~ Suet with unofficial name only ~ • Street with pending same change petition City named street different from KPB . Sect with no right of way de~dicatioa~t Street with N-S J E-w prefix ~ ~ ' . - .. Revised PT.I or city address Revisal suffix ~n.~4. ST. to AV.) ~- Revised R/?-~V name spelling .. ;. R14V platted nab constructed (future roads .. Body of water addressed Rectified street tSmall percentage rcciassified as 1 S)~ • . t2r,~uw~ ~ b G' I-~r - no KP d ~ICC~rQ ~ : . f . • ~.~ . ~ ~. . i. • .~ TOTf~ P.02 ', ~~• ~~ ~~ ~~ ,~ ESN 101 (CITY OF KENAI) STREETS !2-Mar-94 STREET ID TYPE BASEMAP COMMENTS 1ST AV I 11 SIKR 5 (PORTION THRU AIRPORT NOT PLATTED 1ST ST I 21 1 KR 1 2ND AV I 31 1 KR 1 2ND ST I 41 1 I KR 1 3RD AV I 51 1 I KR 2 I zRD ST I 61 1( KR 1 I TH AV I 71 1 KR 1 TH AV I 81 1 I KR 2 TH ST I 91 1 I KR 1 6TH AV I 101 t ( KR 2 ( RPORT WAY I 111 11I KR 2 (AIRPORT DR AKUTAN CIR I 121 1 KR 1 I AN ST I 131 13 KR 1 KA AV I 141 1 I KR 5 ER AV I 151 1 KR 2 I E WAY I 161 1 KR 6 I I ALFME AV I 171 51 KR 1 ( BLACK GOLD EST tIOR WAY I 181 13I KR 1 RADAR SUED GLER OR I 191 1 KR 6 AV I 201 1 KR 2 EN ST I 21~ 5 KR 2 MCCANN SUED TTLA WAY I 22! 71 KR 7 REDOUBT PL UGl7STiNE WAY 1 231 7 KR 1 UGUSTINE DR ALHSTROM SUBO UK AV I 2M 1 KR 5 VIATiON ST I 251 51 KR 2 CTiY WATER RESERVE BACti DR I 261 1 KR 1 BACKW000 AV I 271 1 KR 2 BACKWOODS AV I 281 1 KR 2 BAKER ST I 291 7 KR 3 25TH AY NE COPPER LN BALEEN AV I 301 7 KR 5 SEINE AV BARABARA DR 311 1 KR 6 BARBARA DR BARNACLE WAY i 321 1 KR 5 BARON PARK W I 331 1 KR 2 BASW VIEW WAY 34fI 11 KR 6 BAS{N VIEW OR BEAVER LP I 351 i KR 3 BEECH AV I 361 1 KR 2 BELUGA DR I 37) 1 KR 2 BtoaRKA sr 38) 1 KR s BLARNEY CiR 391 1 KR 3 BLJiJFF ST 401 1 KR 5 BOAT LAUNCH RD I 411 7 KR 5 IK ST 9TH AV BOWPICKER LN ( 421 1 KR 5 KENAI SP{T SUBO BRANNK'sAN CIR I 431 1 KR 3 BRmGEACCESS RD I 44i KR 5 NEW BEAVER LOOP RD S-483 BROAD ST 451 1 KR 5 BROAD WAY - 461 ~ 7 KR 5 BROADWAY AV BROADWAY CT I 471 1 KR 5 BRUSH ST I ~ 13 KR 1 BUMBLEBEEAV I 491 4 KR 3 ELDERBERRY ST CALIFORNIA AV I 501 1 KR 1 CANDLELIGHT DR I 51 I 1 KR 3 STREET CASTLE CT CAVIAR ST_ CEDAR D ~~.~ CHANNEL WAY C}IAR Ci CHERYL ST CHILDS AV CHINIAK S7 CHW~ PL CHW~K CT CHISIK S7 CHOKEgERRY ST r CHUUN DR I` CWOEREI~-A ST CWDY CIR CWDY W CLIFFORD ST COPPER CiR COHOE C1R COLE OR COLONIAL. DR COlUMB1A ST CONE AV CONE CiR COOK AV COOK WLET VIE1M DR I COOt.RIDGE CIR COO{.RlOGE ST . PER LPI CORAL ST C0770n1W000 CIR CREEK AV CR3CKET DR CROW CT~ •.- CUS CT ~~ CYPRESS DR DALJKA DR _ ~..:. ~ •x~ .._. RATION DR ^ DpVWSON ST p~pW000 CT " p~AMA OR ~..::~-,. Y ST.. r ` - _ OOGW000 RD :-~: ' ~~ ~ LN Y VARDEN ST DRi4G NET CT ,:~.~ DR gL.LNCAV u. __._ ,_~ •; - T AV== -~_" - _ _ WAY' . _ - - ST ~:~ .. W ~ .~ ~- = _ ., .. - _- TYPE BASEMAP Gvmmc~~ 10 711CR 2 115TH AV NE 52! ( 531 1 IKR 5 ~ I ~ 111CR 2 I 551 1IKR 2 I I MKR 5 (CHAR CiR SW 561 I I ~ 1 IKR 2 I 581 11KR 5 ~ 591 I 11KR 3 i ,CHINITNA ST JAPONSKI OR I 601 qi~ 3 611 I 11KR7 SUBO CHISEKAV ON CITY MAP HIGHLANDS 5iKR 7 I ~ I sat 11KR a I I ~ 131KR 1 111KR 2 ClNDERALLA AV ~ ~ 71KR 2 20TH CIR I 661 71KR 2 20TH AV NW ~ ~ 5 ~ 3 BUBBLEBEE ST ~1 ` ~ 1 KR 5 I 701 111tR 5 1 INOT PLATTED COLE SUBO I 71~ 81KR 3 ~ 71KR 3 12ND AV I 731 i KKR 5 i 7~ 1 MICR 6 ~ ~ 751 1 tCR 6 I ~ 761 1 IyyILDWOOD STATION RO 771 7~KR PHOENIX ST KR 2 781 7 ~ 2 HARDING ST ~ 4TH AV 7KR3 ~ ~ 811 1 KR 5 I ~ 1 KR Z ~ 1 KR 6 ~ 1 KR 2 I I ~ 1 KR 3 ~ 1 KR 6 871 1 KR Z ~ 1 KR 1 13KR1 ~~ p~3 DAVIDSON ST ~ 7 IQt 5 16TH SE 911 ~ 1 iai 1 ~ 7 Iat 7 AV ~ 7 FOi4 N DOGWOOD OR ~ 1 IQt 6 1 IOi 3 1 KR 5 ~ I I 981 11101 1 E ALIAK OR EST I ~ 11 ~ 2 1 1 iQt 7 9 iGi 5 TERN AV 101 I 1~ 1 KR2 _.. ~ 7 EAGLE ROCK Pl 103< I 1 ~ 1 10t 3 IEiSENHOWER ST ~ 1051 7 f0t 6 2 Ana- sw~e-awe e~nIUMFNTS s .STREET w ELM AV I ~ ~ r ~ 1061 aa~.icmr.r 11KR 2 - - - - I ELYIN WAY I 1071 1 KR 1 I i ECUINOX WAY ' 108) 11KR 2 ~ EVERGREEN S7 I 1091 71KR 2 iEVERGREEN OR 33RD AV I FATHOM DR I 1101 1IKR 5 ! I FERN ST I 111 11KR 4 I I FiDALGO AV I 1121 11KR 5 I I FIR DR I 113) 1 KR 2 i ! FIREWEED LN I 1141 1 KR 7 I ( FLORIDA AV I 1151 1 KR 1 FORGETMENOT RD I 1161 1 KR 7 FOX AV I 117) 4IKR 3 IF ST i FOXGLOVE CT I 118) 1 KR 3 I I GAA CT I 119) 5 KR 2 (AIRPORT ACCESS FROM MAIN ST I GARDEN AV I 1201 131KR 5 ! GERDINE WAY I 1211 5 KR 1 IALHSTROM BUBO I GIBBON WAY I 1221 7 KR 3 131ST AV NE 1 GiSHA W I 1231 1IKR 1 ( I GLACIER ST I 1241 1 KR 3 I I GRANITE PT CT I 1251 1 KR 2 I I GRANITE PT ST I 1261 1 IKR 2 I I GRANT PL ( 1 SIKR 2 WESBET SUED f GRAVEL ST I 128) 1 KR 6 I I HAIOA DR I 1 1 KR 5 i i HALLER ST I t301 7IKR 2 3 1ST ST HARBOR PL I 131 KR 5 HARBOR AV HAVES WAY I 1 51KR 2 ( SEAMAN SUED HEA ACCESS RO I 1 1 KR 2 HEDLEY DR I 1 1 KR 2 I HEMLOCK AV i 1351 1 KR Z HKiHBUSH W I 1381 1 KR 3 I HIGHLAND AV I 1371 1 KR 5 HKiHLAND WAY ( 1381 1 KR 5 I ROWER ST I 1391 1 KR 5 HOMER AV -I 1401 1 KR 1 - HUTTO ST 1 1411 4IKR 2 11TH AV I i ST NW 1421 1 KR 1 ILJAMNA RD I 1 1 KR 1 NLET ST 1 13 KR 5 INLET WOODS OR 1 1 KR 2 IOWA ST 1 1 KR 7 A~AES ST 1 71413 AV NE ON S7 1 71412 32N0 AV CT 1 1 KR 7 EN ST 1 1 KR 8 ~ 151 1 KR 2 KAKNU WAY 1 11 KR 2 KAKNU ST KAI.IEORNSKY BEACH RD 1531 1 KR 5 KENA/ AV • 1 1 KR 5 SPUR FRONTAGE RD 1 10 KR 5 KENA~SPUR HWY 1561 1 KR 5 - KET~lAf TZE ~ 1571 t IKR 7 KETCH ST I 1581 7 KR 5 2ND AV KETCH AV KIAAIA LN ( 1591 7 KR 3 KIANA ST CHURCH ST SPRUCE ST D ST NE [l k ~.. ~.~,: ,. --_ - - ~~ ! = •- E MAPLC UK ~ MARATHOI~I Ro I ••••• - - - 1s71 slat z MARINE DR I 1881 1IIaZ 5 MARTIN ~ 18g1 5 7 HIGHLAND SU80 MCCOY ST / 90i 131KR 1 MCCULWM DR I 1911 10t 3 MCCULLUM RD TINKER LN 17TH AV MCKWLEY ST I 1921 1 iQt 2 MEADOVYIJIRK CIR 1931 SIICZ 7 HIGHLAND SUED MEANDER W 1941 11ifft 2 MESA LP I 1951 1 IGt 1 I MWCIIUMWA AV I 1981 SIIQt 3 BEAVER CREEKAK SUBO MWKAV . 197 7 M ST SE . M1SS10N AV 1981 1 IQt 5 MISTY ~~ W 1991 Idt 3 29TH AV NE MOCIONG8IRD LN 2001 S Iat 7 HIGHLAND SUBO MUIR AV ~ 201I IDR 5 U ST SW MUSIO}iAT GT 202( IOZ 7 MUSKRAT CT HIGHLAND SUBO ~~: 20ii iat6 AV SE - ~~ y.T ZOgI 91Qi 2 BIRCH DR 19TH AV NW FORESTDR 2051 91Ct 2 FOREST DR HOMESITE LOOP GO.t:ST' . I 2081 1 IQt 2 L~lYY000 ~ I 2071 9 KR 3 UNW000 LN :. CtIPWE DR 2081 1 iQt T saPRUC>rsr 2o9t 9 IQt r SPRUCE DR T~=~_ _~ - 2101 9 ifft 3 17TH AV TINKER W yya jpy~ ~ ( 211 9IIQt 2 LLOW ST ~yppA pL 2121 Iat 6 NEVADA PL yyK ~ I 2131 KR 7 HIGHLAND SU80 .., runt ewect~~o r^AMMEIV7S STREET ID TYPE wecFMev COMMENTS NINILCHIK WAY I 2141 51KR 1 IRAOAR SUBO NORMAN ST I 2151 1 KR 5 OAK AV I 2161 1 KR 2 OBRIEN C7 I 2171 1 KR 2 OLD CANNERY RD I 2161 4I KR 5 (CANNERY RO (PREVIOUS ALIGNMENT) OVERLAND AV I 2191 1 KR 5 PAMELA C7 I 22DI 1 KR 5 PARK ST ! 2211 KR 3 IZ7TH AV PARKSIDE OR ~ 2221 5 KR 7 (UNOFFICIAL NAME ACCESS TO PARK PAULA ST I 2231 1 KR 5 I PENWSLJLAAV I 2241 11 KR 5 PENNY CIR I 2251 1 KR 3 PETERKIN PL I 2261 7 KR 1 I J ST NW PETERSON WAY I 2271 1 KR 5 PHIWPS DR I 2281 1 KR 4 PINE AV I 2291 1 KR 2 PINE CIR I 2301. 1 KR 2 PIRATE LN I 2311 1 KR 5 PONDEROSA ST I 232) 1 KR 2 POPLAR AV I 2331 1 I KR 1 ~ I POPLAR CIR I 234) 1 KR 2 PORTLOCK ST I 2351 1 KR 5 PORTSlDE DR I 736) 1 KR 2 PRIMROSE PL I 2371 7 KR 6 PRIMROSE RD PRMCESS ST I 23x1 11 KR 2 PRINCESS LN PTARMIGAN ST I 2391 1 KR 3 RAINBOW OR I 2401 KR 3 8 ST NE RANCE CT I 241) 1 KR 7 RANDEE LN 2421 5 KR 3 DAVIDSON SUBD NO 2 RAVEN ST I 2 1 KR 3 REDOUBT AV I 2 KR 1 HOMESITE LOOP RO MT REDOUBTAV WCHFlELD DR I 2451 1 KR T RIDGEVIEW CT I 2461 1 KR 7 RNERVIEW DR I 2 11 KR 5 RNERVIEW AV ROBW DR I 2481 1 KR 7 ROGERS RD I 249) 1 KR 5 ROSS ST I 250) 1 KR 7 SHOULD REVISED ROSS ST ROY WAY 2511 7 KR 3 COOK CIR ROYAL ST I 1 KR 5 AMES RD 253) 9 KR 6 E5 RD BIRCii ST 2541 9 KR 2 BIRCH DR FOREST DR 255 9 KR 5 FOREST OR GIt.L ST 256) 9 KR 5 GiLL ST SPRUCE ST ~ 2S1) KR 5 ST AV STRAWBERRY RD 258) 9 KR T S TWIQ`R W 9 KR 5 NKER LN 17TH ST SE S WItlOW ST 260 1 9 KR 5 LLOW ST SADIYA DR I 261 1 13 KR 1 O CIR 2621 1 KR 5 OIL CT 263 1 KR 5 ON RUN DR- I 264 1 1 KR 5 - ON ST 265 1 1 KR 5 ANAK AY' 13 KR 3 SAND DOLLAR DR I 267) 1 KR 5 ~~~~ ~n TYPE RecFaueP coMMENTS l: I. I I I SANDPIPER LN I 2681 1 tKR T SCHOONER CiR I 2691 11KR 5 1 SEA CATCH DR I 2701 1IKR 5 SEWE CT I 2711 1 IKR 5 I SEWE ST I 2721 1IKR 5 SELDOVIA AV ( 2731 SiKR 1 R ADAR SUBD SENIOR CT I 2741 11KR 5 ( SET NET CT I 2751 1 IKR 5 I SET NET DR I 2761 1 IKR 5 SEWARD AV I 2771 51KR 1 ( RADAR SUBO SHAMROCK CiR 1 2781 11KR 3 I SHANE CT I 2791 1 IKR 7 SHELIKOFF ST I 2801 41KR 3 PINEWOOD LN TERESA ST SHELL DR I 2811 i IKR 7 I SHILLELAH C1R I 2821 1 IKR 3 I SHOTGUN DR I 2831 51KR 6 BEAVER CREEKAK SU80 SILVER PINES RD I 2841 11KR 2 SILVER SALMON DR I 2851 11KR T SILVERSMITH LN I 2881 51KR 3 HELEN JONES SU80 SITIaN C1R I 2871 11KR 1 SPRUCEWOOD RD ( 288) 11KR 5 SPUR DR I 2691 131KR 1 SPURR DR ALHSTROM SUBD SPUR VIEW DR I 2901 41KR 5 RYANS OR STANDARD OR I 2911 11KR 4 STEEL( IEAD ST I 2921 11KR 3 STELLAR DR I 2931 11KR 5 STERLQdG CT 1 2941 111KR 5 STERLING ST STERLIWG PL I 2951 11KR 5 STRAWBERRY RD I 296) 11KR 7 UNSETBLVD I 2971 4IKR 1 POPLAR AV SUSIEANNA LN i 2981 1 IKR 5 SWALLOW DR I 2991 1 IKR T SWIRES RD ( 30~ 11KR 3 SYCAMORE C1R I 3011 1IKR 2 SYCAMORE ST I 3021 i (KR 2 ANAGA A`J ( 303) 1 IKR 5 ~. ~, ,t~, MPSON PL 3061 1 ~ T ~ 3061 1 KR 6 ~ 307) KR 3 OGIAK ST BEAVER CREEK AK SUBD ST 3081 1 KR 5 OGiAK SUBO YON WAY 309) 1 KR 5 BAY RD 3101 1 KR 2 ROSE LN 311 5 KR 6 LO ROSE SUBO S7` 3121 i KR 3 WAY 3131 1IKR 2 UNNAAAED ST ( 314) 131KR 1 MISC ST ALHSTROM SUBO 315) S1WA MISC STREETS NOT PLATTED UPLANDS? 3161 1 KR 5 AEW1A LNG - 31 1 KR T ANANTWERF ST ~ I 3161 11KR 5 SHOULD BE REVISED TO VAN ANTWERP AV pR = I 3191 KR 5 13TH CT 13TH SW TERN AV I 3201 9 KR 5 TERN AV ALKER LN I 3211 1IKR 5 ~ 6. "-_ " ~wr nwrrf~wn ~nM1UFi1fT5 STREET AWUT AV "' I 3221 "~- ~- t (KR 2 ATERGATE WAY ~ 3231 ~ IKR 5 I DGEWOOD DR I ~ ~ IKR 2 WAY I 3251 711Gt 1 49TH AV NW SOUTH OF HWY SBET CT I 3261 711Qt 2 ' WESBET Cl ON KENAI ST MAP STWARD ST I 3271 131KR 5 STWOOD CiR I 328 11KR 2 WILDROSE AV I 329) 71KR 6 I SPRUCE ST LDW000 DR I 3301 41KR 1 WIlOWOOO STATION RO DJAMMER CT 1 331 11MCR 5 WiNWARD DR I 3321 11KR 2 LFE ST I ~ ~ IIQt T DED GLEN CT I KR 5 14TH AV SE OODSiDE AV I 3~ ~ IKR 2 RTHAM RD I 411Qi 7 ORTHAM ST WORTHAM AV ATT WAY I 7 fOi 3 G ST SE ~•~: _ o.. _ ^.-p .. ^ L .- _. _.. .. F ~."'fir.. _ - w. ~. ~'.~ _ .. Jf.. t7l ~` ~. . .• ~=' ~ ~ . -Y 1. .L- . -rte - . ~= c. ~~ _., T _ ~.~ .. ~Y ... ..... . 7. ESN 101 (CITY OF KENAI) STREETS NEEDING REVISIONS 12-Mat-9d g~ET ID TYPE BASEMAP COMMENTS ,a,..:a..... ~- . ~ - L' C :w-. .~: 1$T AV ~ 1) SIKR 5 ~PUK I IUN I F'tKU AIKYUK I NUT PLATTEQ ~ AIRPORT WAY I 21 t 11KR 2 AIRPORT DR INE AV ( 31 SNKR 1 1BLACK GOLD EST PEN ST I 41 5 KR 2 ~MCCANN BUBO ATTLA WAY i 51 71KR 7 REDOUBT PL ~ UGUSTINE WAY i 61 KR 1 IA UGUSTINE DR ALHSTROM SU80 VIATION ST I SIKR 2 1 CITY WATER RESERVE BAKER ST i 61 KR 3 2 5TH AV NE COPPER LN BALEEN AV I 91 71KR 5 ~ SEiNE AV BARABARA DR I 10 1 KR 6 BARBARA DR BASIN VIEW WAY I 11 11 KR 6 BASIN VIEW DR BOAT LAUNCH RD 1 121 7IKR 5 K ST 9TH AV BRIDGE ACCESS RD i 13 KR 5 NEW BEAVER LOOP RD S~83 BROAD WAY I 141 7 KR 5 ( BROADWAY AV BUMBLEBEE AV I 151 KR 3 ELDERBERRY ST CASTLE CT t 161 7 KR 2 15TH AV N E ~ CHAR C1 I 171 KR 5 CHAR CIR SW CIIINITNA PL I 181 KR 3 CHINITNA ST JAPONSKI DR CHISIK ST I 191 5 KR T 1 HIGHLANDS SUED CHISEK AV ON CITY MAP CWDERELLA ST I 201 11 KR 2 CINDERALIA AV CWDY CIR I 21 KR 2 1 20TH CIR CWOY LN I 7 KR 2 AV NW LIFFORD ST I KR 3 BUM8LEBEE ST COLE OR 1 241 8 KR 3 NOT PLATTED COLE SU80 NU1L DR I 3 2N0 AV K INLET VIEW OR I 7IKR 1 LDWOOD STATION RO COOLRIOGE CIR i 2TI KR 2 PHOENIX ST LRIOGE ST I KR 2 HAROING ST COPPER LN I 3 1 24TH AV ONW000 CIR I 301 1 KR 2 OAVIDSON ST i 311 11 KR 3 DAVIDSON ST OEEPiN000 CT I 321 7 5 116TH SE DEYRAY ST I 331 KR 7 AV DOGWOOD RD I KR4 N DOGWOOD OR ALIAK AV 1 11 iat 2 E ALIAK OR EST TERN AV - . 1 5 N AV L.EROCK PL 1 3T ~ KR T EAGLE ROCK PL EiSEI11HOWER LN KR 6 EISENHOWER ST ST~ - - i KR 2 EVERGREEN DR 3380 AV AV •---- - » - 1 KR 3 F ST ~.___ _..,. 41 KIt2 RPORTACCESS FROM MAIN ST WE WAY I 42 ~ 5 KR 1 LHSTROM SUBD GIBBON WAY 1 43 1 Iat 3 31ST AV NE pl _. 1 5 KR 2 SBET SUBD ST... 1 fQt 2 1 ST ST pV,;,__-..- ..-.... 1 KR 5 HARBOR AV YESWAY -.•,.-----• I 47 1 5 KR 2 SEAMAN SUBD HtI~TO ST -- -~ ~ _ 1 KR 2 11 TH AV ESST. I KR 3 AV NE ST I 50 1 KR 2 D AV I KAKNU WAY I 51 11 KR 2 KAKNU ST _ 8 - «• STREET ip TYPE BASEMAP COMMENTS ` fOsJdW SPUR FRONTAGE RD i 52! t01KR 5 ;FRONTAGE RO KETCH ST ~ 71KR 5 i2ND AV KETCH AV I 541 71KR 3 jKU1NA ST CHURCH ST SPRUCE ST D ST NE KtANA LN ~~ GT I 55- 51KR 7 (HIGHLAND SUED KING SAU4AOOtl,DR. I ~ 71KR 7 .K ST SE I ~~~ ~ I ~ 71KR 7 iSANOPtPER CT KULILA PL 581 71KR 3 IKAKNU RD UWTERN C>R I 591 71KR 3 ICAMAI CIR t 601 KR 5 ~W PORTIONS FIDDLER RO KALGIN AV LAINTON DR .,~..e . ~reeneoot ~ ev I LEl,ITFERAY ~ L~AC LN I ~.~ 62! -,._. , 111KR 1 ~--- -- - IULAC PL LORA DR I ~) 41KR 5 ILORA WAY MST I 641 7 KR 5 (SHOULD BE REVISED TO M AV MADISON L9l i ~i S KR 2 iPECK SUED MAGIC AY I 661 41KR Z ID S7 NE MAPES DR I MARA7fiON ~ I 6'71 68) 51101 3 61KR 2 (COLE SUBD (PORTIONS NOT PLATTED I MARTIN CT I MCCULLUYQR 1 ~ 701 SIKR 7 41KR 3 HIGHLAND SUED IMCCULLUM RD TINKER LN 17TH AV I MEADOYYLIOYrZ1C C!R I 711 51KR 7 (HIGHLAND SUBD MESA LP I 721 101KR 1 ( I MINCtIUMtNN1;A'~1 I 731 51KR 3 BEAVER CREEKAK SU80 MWK AV ( 7 KR 7 IM ST SE I MISTY HA118N W i 751 3 129TH AV NE MOCI0NG1~1.N ( 761 511017 HIGHLAND SUBD MUIR AY I MUSKRATCT 1 761 711Gt 5 7 IU ST SW (MUSKRAT CT HIGHLAND SUBD N ~~ RD 1 7g1 KR 6 LATH AV SE N ~~ ST I FbREST10~ I 6q 611 91KR 2 91KR 2 BIRCH DR 197H AV NW FOREST DR HOMESITE LOOP NLWWOODIM !!21 KR3 LWWOOD IN N SPRUCEST ~ 831 2 (SPRUCE DR N'TINKERl.111 I 841 3 17TH AV TINKER W N WILL0IAST I 651 9 KR 2 (WILLOW ST I DADA p~ ( 66) KR 6 (NEVADA PL NKiHT1iA1tIB[t.N I 87I 71KR T HIGHLAND SUBD NINn.C1fl1C16114X I OLO CAl111~Y ~ ~ 881 Bg1 SiKR i KR 5 (RADAR SU80 I CANNERY RO (PREVIOUS ALIGNMENT) ARK ~ ( ~~~ 1 g01 911 KR 3 5 7 ~I~i~ ~ AV IUNOFFiCtAL NAME ACCESS TO PARK (~T ~/~lI rG~Gi~/\~~~ ROS~EPL I ~ ( 93) /tIV~ 7 IQt 6 ~7~ i~1• (PRIMROSE RD S;'T ( g41 11 Z PRINCESS W ~ 1 g51 ( 961 I 971 3 5 3 41KR 1 B ST NE DAV-DSON SUBD NO 2 IHOMESiTE LOOP RD MT REDOUBT AV ~pR WAY ~~ R!8 t 981 991 1 1001 11 5 KR 3 91KR 6 IRIVERVIEW AV COOK CIR TAMES RD I ~{ S'7 I 1011 9 KR 2 (BIRCH DR ~ I FOUR I 1021 91KR S (FOREST OR Gi1.ST ~ ( 103{ 91KR 5 GILL ST SPRLICEST I 1041 KR 5 21ST AV S STRAWBERRY RD I 105) 91KR 7 (STRAWBERRY RO 9 STREET 1D TMPE gAgEMAp COMMENTS S TINKER LN I 1 ~ 9iKR 5 ITINKER LN 17TH ST SE I 1071 91~ 5 IWILLOW ST 1 1 1 S WILLOW ST I 1081 51KR 1 RADAR SUBO SELOOVIA AV I 1091 51KR t IRADAR SUBO SEWARD AV KR 3 (PINEWOOD W TERESA ST I 1101 SHEUKOEF ST I 1111 51KR 6 (BEAVER CREEKAK SU80 SHOTGUN DR I t 121 51KR 3 1HEl.EN JONES SUBO SILVERSMfTH 1.N I 1131 41KR 5 IRYANS OR SPUR VIEW DR I 1141 111KR 5 I$TERLING ST gTERLWG CT I 1151 41KR 1 (POPLAR AV SUNSET BLVD 41KR 3 OGIAK ST BEAVER CREEK AK SUBO tAK RD I 1161 I 117) SIKR 6 1WIU) ROSE SU80 NDRA ROSE UV 81WA MISC STREETS NOT PLATTED "`(NAMED ST I 1181 ( 1191 P OR TERN AV I 1201 ELLS WAY I 1211 ESBET CT i 12~ q.DROSE AV i 1231 ~LDW000 DR I 1241 IOODED GLEN CT I 1251 IORTHAM RD I 1261 IYAT7 WAY I t nKR 5 113TH CT 13TH SW iiKR 5 TERN AV ~~ ~ 49TH AV NW SOUTH OP HWY 71iQt 2 f WESBET CI ON KENAI ST MAP ~ 8 SPRUC£ ST 41KR 1 ilDW000 STATION RD 71i0t 5 114TH AV SE 4iKR 7 1WORTHAM ST WORTHAM AV 71p~ 3 iG ST SE 70 JDa AGENDA RENAI CITY COIINCIL - REGIILAR MEETING APRIL 3, 1996 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. .Consent Agenda *Al1 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. BCHEDtTLED PIIBLIC 01~4iENT ( Minutes) l ~ ~ C. PIIBLIC HEARINGS 1. Ordinance No. 1682-96 - Increasing Estimated Revenues and Appropriations by $6,026 in the General Fund for Repairs to the Senior Citizen Center Station Wagon. ~~~ ~. 2. Ordinance No. 1683-96 - Increasing Estimated Revenues and Appropriations by $12,000 in the Water and Sewer Fund for a Mixing Zone Study. Q G 3. Resolution No. 96-24 - Transferring $5,000 in the , /-~'~d ~ General Fund for Legislative Expenditures (Miscellaneous expenditures). ~~ ~ 4. Resolution No. 96-25 - Transferring $3,000 in the General Fund for Legislative Expenditures (printing/ binding of Challenger Feasibility Study). ~~~d ~. 5. Resolution No. 96-26 - Awarding a Contract for the Wastewater Treatment Plant Mixing Zone Analysis to Vasey Engineering for the Not-to-Exceed Amount of $10,824. ~I.~.~irna''~ 6. Resolution No. 96-27 - Awarding a Contract for Logging ~~rp ,~yi~' Rights on City of Kenai Property (Section 36) to for the Amount of $ Per Ton to be Paid to the City for the Useable Timber Product. -1- ~~~~ G/, 7. Resolution No. 96-28 - In Support of the Classification of the Kenai Peninsula Borough Land Within the City of Kenai Approved by City of Kenai Planning & Zoning Commission Resolution No. 96-19. 8. Resolution No. 96-29 - Changing Appropriations by /l~%c~G~~~ $27, 500 in the Airport Land System Fund to Hire a Consultant to Perform Marketing Research and Write a Business Plan for the Proposed Aircraft Rescue and Fire Fighting Training Center. 9. Resolution No. 96-30 - Supporting the Alaska Challenger ~~~-~ ~' Learning Center Feasibility Report. 10. 1996/97 Liquor License Renewal - Eaglechief, Inc. d/b/a ~~~~~,~Y ~'r" Katmai Restaurant & Lounge - Tourism. ~~~n a~~~~ 11. *1996/97 Liquor License Renewal - Little Ski Mo Drive Inn - Restaurant/Eating Place. D. COMMISSION/CO1~II~SITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c, Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board E. MINt3TE8 1. *Regular Meeting of March 27, 1996. F. CORRESPONDENCE G. OLD BIISINEBS A. NEW BIISINESS ~~~yr~ 1. Bills to be Paid, Bills to be Ratified -2- v~ f~~~~~ 2. Purchase Orders Exceeding $2,500 ~ ~ ~ 3. *Ordinance No. 1684-96 - Increasing Estimated Revenues ~/~~ ~- and Appropriations by $3,380 in the General Fund for ~.~~° Repair of a Damaged Police Vehicle. 4. *Ordinance No. 1685-96 - Amending Title 23, Sections 23.10.020, 23.10.030, 23.25.060(d), 23.25.060(e), 23.30.050, and 23.40.030 of the Kenai Municipal Code to Bring Municipal Personnel Polices Into Compliance with the Provisions of the Fair Labor Standards Act. 5. *Ordinance No. 1686-96 - Amending the Kenai Municipal Code by Adding Section 13.30.035 to Codify the City's Authority to Establish Pay Parking Lots on City Property and Providing for Towing of Vehicles Which are Improperly Parked at Said Parking Lots. 6. *Ordinance No. 1687-96 - Amending the Kenai Municipal Code by Adding Section 13.30.095 to Prohibit parking on Kenai Avenue. 7. *Ordinance No. 1688-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the Soils CIIAP Capital Project Fund for Clean-Up of Lots 13 and 14, CIIAP. 8. Discussioa - Kenai River Protection Ordinance. 9. Discussion - Procedures for Management of Dipnet Fishers at Beach/River Mouth. EBECIITIVE SESSION - City Manager Evaluation. I. ADMINIBTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council ~ R. ADJOIIRNMENT -3- ~J KENAI PENINSULA BOROUGH ~~ Z aye PLANNING COMMISSION ~'~ S~ BOROUGH ADMINISTRATION BUILDING '~ ASSEMBLY CHAMBERS ~ ~~ SOLDOTNA, ALASKA ~ ~ ~ '' N Y APRIL 8, 1996 7:30 P.M. ~~, ,~/ Tentative Agenda John 1lammelman A. chairman Areawide Term Expires 1996 $, Philip Bryson vies Chairman C, Kcnai City Term Expires 1998 Ann Whitmore-Painter I'azliamentarian Moose Pass Area 1'ems Expires 1997 Peggy G. Boscacci YC Member Scldovia City Terns Expires 1997 Wayne Carpenter PC Member Seward City Terns Expires 199b ltobcrt Clutts PC Member Anchor Point Term Expires 1998 CALL TO ORDER ROLL CALL APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion.. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests a. Shepherd's Hill No. 3 KPB File 95-038 Location: East Road, west of McNeil Creek Wes Coleman PC Member sDldDtrsa city 2. Plats Granted Administrative Approval Tern Expires 199b Leroy (mnnaway PC Member l lower City Term Expires 1998 Ellis Hensley, 3r. I'C Member Nikiski Term Expires 1946 Brent Johnson PC Member Kasilof Area T..rm Expires 1997 3. KPBPC Resolutions 1. KPBPC SN 96-02: Renaming Certain Public Rights-of- ~•ay Within Section 10, T4N, R11 W; Sections 14 & 36, TSN, R8W; Sections 20 & 29, TSN, R9W; Sections 4, 5, 17, 20, 28 & 30, TSN, R10W; Sections 25, 26, 27, 34, 35 & 36. TSN, R11 W, Seward Meridian, Alaska; Within the Emergency Service Number (ESN) Area 302 as Approved l~ larch 25, 1996 Tom Knock 4. Coastal ~ iariagement Program 1'C Member (:;Doper Landing 'reins Expires 1998 non oila,a°, Ma a. Coastal Management Program Consistency Reviews ~~,~St•. Lisa P ~ • ~ Plann' ~uector ~ ~,_ :,~, 1) Ninilchik; Small Boat Harbor Dredging; U.S. Army M~ ~veppy ~~~ Corps of Engineers; AK 9603 - 04AA Ad '_ Assistan R ~y b. Conclusive Consistency Determinations Received from {., f ,was. DGC ~~'-~ `~ ~ . Y ~'' = `~~~~~ c. Administrative Determinations 5. Commissioner Excused Absences a. Bob Clutts 6. Minutes a. March 25, 1996 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) 1. Scott Holmes; Exception to 30 Day Submittal Requirement (20.28.060 ) E. UNFI1~iISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate portions of Section Line Easements Associated with proposed Tulin Terrace Subdivision; within Sections 7, 8, 17, and 18, Township 6 South, Range 13 West, Seward Meridian, Alaska. KPB File 96-036 G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. KPBPC Resolution 96-08; Vacate the ten foot utility easement within Tract B, adjacent to Duck Lake Court, as granted by filing of Duck Lake Subdivision as Plat 84-326 in the Kenai Recording District. Also being within Section 21, Township 7 North, Range 11 West, Seward Meridian, Alaska; KPB File 96-052 (Consideration Contingent upon Exception Granted As Requested in Agenda Item D.1.) H. SPECIAL CONSIDERATIONS P/W Reid, Elliott N. PC Res. 96-06: Granting a platting waiver for certain lands within Section 36, Township 1 South, Range 12 West, Seward Meridian, Alaska (Homer Recording District) KPB File 96-045 2. P/W Ameri-can Construction, Ltd PC Res. 96-07: Granting a platting waiver for certain lands within Section 23, Township 1 North, Range 1 West, Seward Meridian, Alaska (Sewazd Recording District) KPB File 96-050 3. An Ordinance Authorizing Retention and Sale of Certain Lands Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Procedures 4. KPBPC Resolution 96-09; Scott Holmes; Building Setback Exception for Tract B, adjacent to Duck Lake Court, as granted by filing of Duck Lake Subdivision as Plat 84-326 in the Kenai Recording District. Also being within Section 21, Township 7 North, Range 11 West, Seward Meridian, Alaska; KPB File 96-051 (Consideration Contingent upon Exception Granted As Requested in Agenda Item D.1.) I. CONSIDERATION OF PLATS 1. Steve's Subdivision; south of Anchor Point Revised Preliminary; Roger Imhoff KPB File 96-028 2. Herman Subdivision; Kenai City Preliminary; Johnson Surveying KPB File 96-046 3. Birch Hollow S!D No. 8; Longmere Lake Preliminary; Johnson Surveying KPB File 96-047 4. Schmidt S/D Zehrung Addition; K Beach Road Preliminary; McLane Consulting Group KPB File 96-048 5. Original "l~ownsite of Kenai J.C. Bookey Addn. Kenai Cii~; Preliminary Wince-Corthell-Bryson KPB File 96-049 3 J. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. DIRECTOR'S COMMENTS N. COMMISSIONER COMMENTS O. ADJOURNMENT The next regulazly scheduled Planning Commission meeting is April 22, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. AML Legislative Bulletin #19-13 2. Soldotna Planning and Zoning Commission Mazch 20, 1996 Minutes 3. Mazch 28, 1996 Letter from Debra Swanson, NCRS, District Conservationist 4. Mazch 22, 1996 Letter from Robert and Sherry Bowen 5. Mazch 26, 1996 Letter from Jim Stratton, Director, State Parks 6. Sewazd Planning Commission Mazch 6, 1996 Minutes 4 ~~a Suggested by: Planning & Zoning CITY OF KENAI RESOLUTION NO. 96-28 A RESOLUTION IN SUPPORT OF THE CLASSIFICATION OF KENAI PENINSULA BOROUGH LAND WITHIN THE CITY OF KENAI WHEREAS, KPB 17.10.090 requires classification of Kenai Peninsula Borough (KPB) land before KPB land can be sold, or leased or otherwise disposed; and WHEREAS, KPB 17.10.080 (K) establishes classification designations; and WHEREAS, The City of Kenai has adopted a zoning code; and WHEREAS, City of Kenai staff have reviewed KPB 17.10.080 (K) classification designations and determined that the classification designations as listed in section 1 below conform to the City of Kenai zoning code; and WHEREAS, The City of Kenai Planning and Zoning Commission held a public hearing on March 27, 1996 and unanimously recommended that the Kenai City Council accept the designated Kenai Peninsula borough land classifications; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI: SECTION 1. That the following Kenai Peninsula Borough classification designations conform to the City of Kenai zoning code: KPB Tax Legal Description City of Kenai .KPB Parcel No. Zoning Classification 039-010-33 T06N R12W S26 KN750046 Rural OCEANSIDE SUED. Lot 4 Block 1 Residential Residential 03901041 T06N R12W S26 Rural Residential GOVT LOTS 17 & 18 & NE1/4 Residential SE1/4 SE1/4 03901043 T06N R12W S26 Rural Residential GOVT LOT 8 Residential KPB Tax Legal Description City of Kenai KPB Parcel No. Zoning Classification 03901044 T06N R12W S25 Suburban Residential W1/2 NE1/4 NW1/4 & W1/2 E1/2 Residential NW1 /4 NW1 /4 03901055 T06N R12W S26 KN930026 Rural Residential SHORELINE HEIGHTS SUB NO 2 Residential Tract Al 041-030-35 T06N R11W S36 Rural Recreational S1/2 NE1/4 EXCEPTING BEAVER Residential CREEK ALASKA SUB 4103036 T06N R11W S36 Rural Recreational / S1/2 NE1/4 EXCEPTING BEAVER Residential Government CREEK ALASKA SUB 4103037 T06N R11 W S36 Rural Recreational N1/2 NW1/4 Residential 4103038 T06N R11W S36 Rural Recreational N1/2 NW1/4 Residential 04301014 T06N R11W S31 Rural Government S1/2 SE1/4NW1/4 Residential 04301026 T06N R12W S36 KN800033 Waste ALASKA STATE LAND SURVEY Recreational Handling 79-57--Tract B ADL 36015 4301035 T06N R12W S36 KN920059 Recreational Waste JETTISON JUNCTION SUB Handling Tract Al 04301036 T06N R12W S36 KN920059 Recreational Recreational JETTISON JUNCTION SUB Tract A2 4301037 T06N R12W S36 KN920059 Rurat Residential JETTISON JUNCTION SUB Residential Tract A3 Resolution 96-28 Page 2 KPB Tax Legal Description City of Kenai KPB Parcel No. Zoning Classification 4501007 T06N R11W S33 Rural Government PORTIONS OF THE W1/2 SE1/4 Residential-1 SE1/4 & E1/2 SW1/4 SE1/4 LYING N OF KENAI SPUR HWY 4501008 T06N R11W S33 Suburban Government PORTIONS OF THE W1/2 SE1/4 Residential SE1/4 & E1/2 SW1/4 SE1/4 LYING S OF KENAI SPUR HWY 04501009 T06NR11WS33 Suburban Government E1/2 SE1/4SE1/4 Residential CNTG 20.00 AC M/L 4501010 T06NR11WS33 Rural Preservation / N1/2 NE1/4 & SE1/4 NE1/4 & N1/2 Residential Residential SW1/4 NE1/4 CNTG 140.00 AC M/L 4501012 T06NR11WS34 Rural Residential NE1/4 NW1/4 Residential CNTG 40.00 AC M/L 04506010 T06NR11 WS33 Suburban Government GOVT LOT 26 LYING SOUTH OF Residential KENAI SPUR HWY CNTG 00.87 AC M/L 04506012 T06NR11WS33 Suburban Government GOVT LOT 25 LYING SOUTH OF Residential KENAI SPUR HWY CNTG 01.16 AC M/L 4507001 T06N R11W S34 Rural Residential NW1/4 SW1/4 NW1/4 Residential-1 4507002 T05N R11W S34 Rural Residential GOVT LOT 38 Residential-1 Resolution 96-28 Page 3 KPB Tax Legal Description City of Kenai KPB Parcel No. Zoning Classification 4508007 T06NR11WS34 Rural Residential PORTION NE1/4 SE1/4 NW1/4 Residential LYING NORTH OF KENAI SPUR HWY CNTG 01.11 AC M/L 4508008 T06NR11 W S34 Suburban Residential PORTION NE1/4 SE1/4 NW1/4 Residential LYING SOUTH OF KENAI SPUR HWY--EXCLUDING THAT PORTION PER QCD 428 @ 785 CNTG 03.41 AC M/L 04512017 T06NR11 WS34 KN760008 Suburban Residential SHELIKOF SUB RESUB LOTS 4-7 Residential BLK 1 LOT 4A CNTG 00.31 AC M/L 04512018 T06NR11 WS34 KN760008 Suburban Residential SHELIKOF SUB RESUB LOTS 4-7 Residential BLK 1 LOT 5A CNTG 00.31 AC M/L 4516013 T06NR11 WS34 Rural Residential NW1/4 NW1/4 NE1/4 & N1/2 S1/2 Residential NW1/4 NE1/ 4 & GOVT LOTS 12 13 & 14 CNTG 27.50 AC M/L 4516015 T06NR11WS34 Rural Residential GOVT LOTS 1 & 2 Residential CNTG 05.00 AC M/L 4517001 T06NR11WS34 Rural Residential PTN W1/2 NW1/4 SW1/4 NE1/4 Residential LYING N OF KENAI SPUR HWY CNTG 00.12 AC M/L 4517002 T06NR11WS34 Suburban Residential PTN W1/2 NW1/4 SW1/4 NE1/4 Residential LYING S OF KENAI SPUR HWY CNTG 02.61 AC M/L Resolution 96-28 Nage 4 KPB Tax Legal Description City of Kenai KPB Parcel No. Zoning Classification 4519001 T06NR11WS34 Suburban Residential NW1/4 SW1/4 SW1/4 NE1/4 Residential CNTG 02.50 AC M/L 4521028 T06NR11 WS34 Rural Residential GOVT LOT 126 Residential CNTG 02.50 AC M/L 4521061 T06NR11WS34 KN850076 Rural Government GOVT LOTS 99 & 100 & SE1/4 Residential NE1/4 SE1/4 SWIRES ELEMENTARY CNTG 13.51 AC M/L 4522005 T06NR11WS34 Rural Residential GOVT LOT 128 Residential CNTG 02.50 AC M/L 4522006 T06NR11 WS34 Rural Residential GOVT LOT 127 Residential CNTG 02.50 AC M/L 4522011 T06NR11WS34 Rural Residential GOVT LOT 153 Residential CNTG 02.50 AC M/L 4522012 T06NR11 WS34 Rural Residential GOVT LOT 154 Residential CNTG 02.50 AC M/L 4522021 T06NR11 WS34 Rurai Residential / NE1/4 SE1/4 SE1/4 & S1/2 SE1/4 Residential Government SE1/4 CNTG 30.00 AC M/L 04711801 T05NR11 WS05 Central Government KENAI TOWNSITE EAST ADDN Commercial LOT 1 BLK 8 CNTG 03.05 AC M/L 4901048 T05NR11 WSO4 Suburban Residential / GOVT LOT 2 EXCEPTING Residential-2 Government THEREFROM INLET VIEW SUB CNTG 37.65 AC M/L Resolution 96-28 Page 5 KPB Tax Legal Description City of Kenai KPB Parcel No. Zoning Classification 04938045 T05NR11 WSO4 KN840158 Suburban Residential DEEPWOOD PARK SUB Residential AMENDED LOT 15 BLK 3 CNTG 00.24 AC M/L 04938046 T05NR11WSO4 KN840158 Suburban Residential DEEPWOOD PARK SUB Residential AMENDED LOT 16 BLK 3 CNTG 00.28 AC M/L 04938050 T05NR11WSO4 KN840158 Suburban Residential DEEPWOOD PARK SUB Residential AMENDED LOT 20 BLK 3 CNTG 00.25 AC M/L 04938051 T05NR11 WSO4 KN840158 Suburban Residential DEEPWOOD PARK SUB Residential AMENDED LOT 21 BLK 3 CNTG 00.25 AC M/L 04938054 T05NR11 WSO4 KN800115 Suburban Residential DEEPWOOD PARK SUB LOTS Residential 11A&11B LOT11BBLK3 CNTG 00.29 AC M/L NOW, THEREFORE, BE IT RESOLVED, that the Kenai City Council accepts the designated Kenai Peninsula borough land classifications. Dated at Kenai, Alaska this 3rd day of April, 1996. ATTEST: L~~~~ .~i~~~~ Carol L. Freas, City Clerk Resolution 96-28 Page 6 ~zb RENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, March 7, 1996 - Cook Inlet Aquaculture Association I. CALL TO ORDER A. Roll Call Members Present: Ben Ellis, Pat Bower, Ted Wellman, Tom Knock, Don McKay for Lance Trasky, Robin Richardson, Irv Carlisle, Peggy Mullen,. Robin Nyce Chris Degernes, Jack LaShot. Members Absent: Jim H. Richardson, Jeff King. ,''. MAR 1996 ,.._ ~ar'a • c'~ ~ijs: Q! I~Sti81 Ken Lancaster, West, Jim A. Duane Harp, B. Approval of February 13 minutes. i~he minutes were approved as written, except that Peggy wanted to clarify her statement on page 10: the volume of water in Soldotna Creek is so much less than the Kenai River that the DOT salt pile may have a greater effect on fish there than in its former location in Soldotna. C. Agenda Changes and Approval. Jim asked the board to take public comment concurrently with item A. Item D, E, F and G were added. Item D: Moose Range Meadows Subdivision Update. Item E: Borough Ordinance concerns. Item F: Discussion of board member phone numbers. Item G: Jim Stratton comments per Jim Richardson. Agenda was revised and approved unanimously. II. PUBLIC COMMENT III. NEW BUSINESS A. Caymas Subdivision Draft MOU between Parks & Renai Peninsula Borough. Margaret Spahn, a Boro Planning Department representative presented the background on this issue. The MOU would .serve as an agreement between the Boro and Parks with Parks taking on the management of this Boro land. The end objective would be to facilitate a land exchange. Margaret provided some of the history for this parcel. In 1963 this 27 acre parcel was selected by the State with the State receiving title in 1966. In 1971 the Boro submitted a Municipal Selection Application, and the lands were tentatively approved for transfer in 1980. A 50 foot public easement was established before the Boro received its patent in 1981. Other easements on the property include a 33 foot access easement along the section line, a portion of which has been vacated, plus several utility easements. Since the easements needed to be platted, the Boro made it a subdivision. In 1984 there was a negotiated purchase attempt for 5 acres but it was denied by the Boro and Court. In 1995 the parcel was classified as "preservation" by resolution 95-31 in response of a RENAI RIVER SPECIAL MANAGEMENT AREA 2 ADVISORY BOARD - Miautes, March 7, 1996 development of an RV park to the south west of the parcel. That development was considered likely to increase the use of the parcel substantially. In Aug 1995 a draft MOU was drawn up with Parks. In the meantime, in Dec., 1995 a proposal was submitted to the Habitat Restoration and Recreation Enhancement EVOS staff for funding to provide habitat protection on this parcel. The 1st phase of the proposal consisted of fencing 300 feet of the bank with passive restoration, mostly to restrict bank access along with closure of the northern access road to a jetty. The proposal calls for the closure of all the areas north of the jetty, since they are very wet and sensitive. Educational signage is an important part of phase I. Phase II would be to more firmly direct public use. It would include designated trails and access to the gravel beds for anglers. Chris asked what the Boro would consider incompatible with the preservation designation. Margaret answered that "casual use" is allowed. Casual use does not allow for permanent trails, etc. II. PIIBLIC CONIlriENT Brannon Ames spoke to the board as the Martins Creek neighborhood representative. The Martins Creek group got together in response to the RV park development. Brannon addressed some of his concerns: 1) Caymas subdivision is prime salmon rearing habitat according to the ADF&G 309 Study. Of ten areas that were graded, this one is second to the top. 2) Ms. Parker stated that the state realized the importance of the property as it is a critical habitat area for fish. There has been a significant increase of foot traffic in that particular aria over the last 18 months. Degradation from 30 to over 100 feet of sluffing, damaged bank has been documented. 3) KPB does not have any Parks and recreation authority. 4) The MOU itself states it should be held in preser~ration status. That means to save for future. It could be translated into something else later. Does not say anything about casual use. Brannon then questions Section V. #2 of the MOU where it states "Manage recreational use activities". Brannon states to his understanding the meaning of preservation does not include anything about recreational use. Brannon refers to the same section #3 where it says "May provide for maintenance and operations of recreational facilities". Brannon says there are no facilities presently there, so does that mean there will be? And again in the same section #4 Brannon questions this as not being consistent with a preservation status. Brannon hopes the State and this board will consider what this all means. Brannon feels very strong about the preservation status and supports the MOU so long as it is .consistent with the preservation classification status given it by the Assembly. RENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - Minutes, March 7, 1996 n_. 3 Jim Richardson asks Brannon if the increase in the numbers of users are general public coming in or are they associated with the RV park. Brannon says they are exclusively from the RV park. Irv asks if the RV park visitors are accessing the area via foot or via boat. Brannon answers it is all foot traffic as there is no boat launch facility at the RV park. . Rob Robson, a local resident in the area then speaks. Rob supports an MOU between the State and the Boro. Rob has personally lived for 13 years in this area and has fished this area. He states that fishing access at this particular site is deplorable, and that the land should be managed for -its most appropriate use - as preservation land. There is an eagle nest in the center of this property and this should be protected, plus the area is critical habitat for the river's ecosystem. An MOU would be an appropriate method of insuring that the land is preserved for its most important purpose. Rick McCrum then speaks to the board. He also lives in this area and was excited when the Boro developed a preservation status. He is very concerned about the draft MOU. Rick interprets this document as opening this land up. Rick explains it is too hard to fish. that area as it is very brushy and the gravel bars Margaret had spoken of are only accessible in May or September. Water is too deep and swift. Even with stairway access, it would be dangerous. He is concerned about the increase in use generated from just a short time with the RV park. Rick states he is concerned if we do not protect this area now, the habitat will be totally compromised and lost. Rick wants this kept in a preservation status. Kirsten Deede then addresses the board. Expresses the fact that part of the process was to keep this in preservation. Kirsten favors. an MOU but found the draft to be a very surprising document and not what was originally discussed. Kirsten does want an MOU but wants the land to be preserved. Concept of casual use or access leaves slot of room for more openings. Kirsten says to her preservation means preserving, as in "no use". There has definitely been a change from last season on the banks and she views that as a sign of what is to come. Kirsten views Caymas as being unique in its status and that great care must be taken in considering any changes - we do not have many opportunities to preserve untouched areas on this river. Suzanne appreciates the homeowners views. Parks has no objection to accepting this property under an MOU. Discussions will need to be conducted to consider the amount and type of public use that may be appropriate. Ted has concerns about the Parks' ability to stop the inappropriate KENAI RIVER SPECIAL MANAGEMENT AREA 4 ADVISORY BOARD - Minutes, March 7, 1996 use. He suggest if Parks cannot effectively preclude the use, extract some money from the developer for boardwalking. Ben states this property was mentioned by Doug Vincent-Lang (ADF&G) as a suggested area that might be appropriate to be closed to fishing. Ben suggest the board draft a letter to F&G to support closing this area to bank fishing. Ben also states it seems to be inconsistent with the State Park mission to try to close total access to the land. Ben says the MOU is disgusting. There should be no access whatsoever unless mitigation was made to ensure no net loss of habitat. Irv questions wriether building board walks is consistent with the preservation status? Recommends that this board keep this property in preservation. Intended to be closed to start with. Sounds like a lousy place to fish from the banks, so keep it closed. It might be okay to keep the jetty open and allow access from anglers arriving by boats. Define preservation status and keep it at that. Pat is very much opposed to any habitat loss on the river and if this is a significant habitat rearing area then she would support to keep it preserved. Ken Lancaster would definitely support preserving the land. Jim asks if staff could communicate with the boro about the MOU and negotiate with them. Don McKay suggests adding to the MOU a plan to include 100 feet of riparian buffer managed for habitat. Staff is directed to work with the Boro and report to the Board progress made toward a revised MOU which more clearly states that the habitat is to be protected as the top priority. B. Kenai River Comprehensive Management Plan Revision. 1. Public Involvement Process A working committee met to work out some of the details for two public workshops. The suggested dates are March 30 in Anchorage and April 6 in Soldotna. An interactive approach is planned to generate a collective vision for the Kenai River in the future. The public participants will be divided into small focus groups with Board members serving as facilitators of the groups. This will help in two ways - with the perception that this is aboard driven process, as well as to insure that Board members are fully involved in this step in the process. The focus groups will deal with the main topics such as Habitat, RENAI RIVER SPECIAL MANAGEMENT AREA ~.5 ADVISORY BOARD - Minutes, March 7, 1996 Recreational Use, Land Use, and Environmental Issues separately, but will keep the vision statements separate if they~re specific to a particular segment of the river rather than the whole river. The Kenai River Community Forum, sponsored by The Nature Conservancy will be happening at roughly the same time. (April 19-21) It was suggested that we combine these efforts to take advantage of participation at the Forum, while generating our visioning process at the same time. There was 45 minutes of discussion between the board members about whether or not to conduct the Soldotna public meeting for the revision of the KRCMP in conjunction with the Kenai River Community Forum. Opposition centered on concerns that some members of the public might not feel comfortable with attending our function if it was associated with a function sponsored by TNC. The resulting plan might be criticized as having excluded some members of the public. The board voted 8 to 6 in favor of the above, however, as the meeting was wrapping up Michelle Brown of TNC suggested that the board have their own public meeting as she did not feel her steering committee would agree to all of the conditions the board asked for. (Note: subsequent to this meeting, the Kenai River Community Forum Steering Committee did not support the inclusion of our process into their planned event, so plans are underway to independently conduct our meeting in Soldotna on April 6.) 2. Plan of Study Discussion. Bruce Phelps reviews for the board the plan of study for revising the KRCMP. Bruce explains it is essentially how we are going to proceed, what people will be involved, staffing resources, planning, and finally the process and product. Plan of study is a statement of how we think we can revise this plan. There have been many changes over the past decade, and a different approach is needed to conduct this plan revision than in the original effort. The focus will be to try to update the plan utilizing the existing base. The planning area scope .includes the whole watershed of the Kenai River including its tributaries. The other aspect is that the present KRCMP is a State management plan. If a new plan is going to work effectively for the Kenai River, it will have to be more than a State document. It should be an integrated management plan for the river. Local, Boro and Federal property will be considered, which means that we need to include those entities if there is to be success in the plan. The Plan needs to have recommendations that people will support, so the plan can be implemented. Bruce explains that available resources will be limited during the summer months as Parks and Fish and Game resource staff will be busy with other duties. Need to get work done by May 15 and then resume again in September. RENAI RIVER SPECIAL MANAGEMENT AREA 6 ADVISORY BOARD - Minutes, March 7, 1996 Bruce explains the draft work plan; generalized timeframe; revision project diagram. These are all handouts that were directly mailed to each board member. Bruce reviews the context of the diagrams showing when each phase will or should be completed. On the KRCMP Revision Project Diagram the first item listed is "Goal Identification". The board is central to that process. Public involvement will be necessary. The public meetings planned for Anchorage and Soldotna are critical for developing a sound foundation for the plan. The Anchorage public meeting will be March 30 at the First United Methodist Church on 9th Ave.. The Soldotna public meeting will be on April 6 at the Kenai Peninsula Borough building. Both meetings will be held from 9:30 am - 3:30 pm. Lunches will be provided to make the day as efficient as possible. Board members will be contacted regarding the roles they will be playing and meeting logistics. Facilitator training will be conducted prior to the meetings for Board members who volunteer for that role. Other Board members are needed as scribes for the focus groups. D. Update Moose Range Meadows Subdivision. Robin West briefly covered this issue: on the Salamatof property at Kenai River mile 25-28 there is a 25 feet public access easement; the easement is fixed, meaning that if it erodes, it is lost. Emergency closure was in effect last year prohibiting public access during the sockeye run. USFWS is working on an environmental assessment to develop alternatives to solving the dilemma. Public meeting was held on Feb 20 to discuss how to protect the easement and still provide alternate access. Grate walking would cost $250,000. A seasonal closure is planned in advance this year. E. BORO'S RENAL RIVER HABITAT ORDINANCE UPDATE. Pat expresses a deep concern this ordinance will not pass. Pat suggests writing another letter and be specific in urging them to use the simple language of the planning group and get on with it. The attorney has not done what people requested that he do, which was to incorporate the language suggested by the working group. Pat suggests any board member attend the next meeting to encourage the assembly to adhere to what the working group came up with. Irv concurs with that. If it is not the working group's rendition then we should oppose it. Tom encourages everyone to come to the Planning meeting Monday nite. Pat makes a motion that the letter that was written January 15 to Betty Glick be read into the record. We support the findings of the Working Group and their draft report and the Assembly is encouraged to use it as the guideline for the ordinance. RENAL RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - Minutes, March 7, 1996 7 Ted agreed to read a copy of the letter that was previously sent. C. Kenai River Center Update. This agenda item was not discussed as the time did not permit. F. Discussion of releasing Board member phone numbers. This discussion was held and all board members agreed that their phone numbers are public information, and may be released upon request by the public. G. Comments from Jim Richardson from Teleconference with Director Jim Stratton. IV. OLD BUSINESS A. Permit Committee Report V . PUBLIC CObIIKENT VI. ADJOURNblEDTT A. Board Comments. No board comments were provided as the meeting was adjourned due to the late hour. B. Date/Agenda of Next Meeting. The next meeting will be April 4 at CIAA. CITY OF KENAI rz~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ aE~.hwcw 1'~~f~ 1992 Kristine A. Schmidt Attorney at Law 1 10 South Willow Street, Suite 101 Kenai, AK 9961 1 SUBJECT: PETITION TO AMEND CITY ZONING BOUNDARIES Dear Ms. Schmidt: We have received your letter of March 29, 1996 requesting a public hearing be held pursuant to KMC 14.20.270. While I disagree on whether the petition was withdrawn as mentioned in my letter dated March 27, 1996, the City will now recognize your request. In order to comply with KMC 14.20.270 the City must receive a completed application (enclosed) and S 105 (S 100 plus 55.00 tax) for advertising. If we receive these items by noon April 10, 1996 and we have verified that the submitted petition bears the signatures of at least 50 registered city voters (KMC 14.20.270 (b)(1)[D]), we will schedule a public hearing for the Planning and Zoning Commission meeting of April 24, 1996. If you have any questions, please contact me. Sincerely, u ~~^ Jack La Shot City Engineer JL/mk Attachment: Rezoning Application CS 9 1~+ ° D April 5, 1996 Kristine A. Schmidt Attorney at Law 110 South Willow Street, Suite 101 Kenai, Alaska 99611 (907) 283-7373 / (907) 283-2835 facsimile March 29, 1996 City of Kenai, Planning and Zoning Commission 210 Fidal~o Ave Kenai, AK 99611 Re: Petition to Amend City of Kenai Code Dear Co~usssion members: 'I'ds letter is in response to a letter dated March 27, 1996, by the City Engineer, which I received on March 29, 1996. I had earlier written a letter, dated March 12, 1996, in ~hlch I requested that the City set a hearing on a petition I filed with the Commission on May 10, 1995. As stated in my March 12, 1996 letter, the City of Kenai Zoning Code, at KMC 14.20.270(c), requires that the Commission hold a hearing a+f'ter submission of a "petition bearing the signatures of fifty (50) registered voters ~1#hin the City of Kenai to amend the ordinance text." The Commission did not act to set a hearing as required by the Code, so my March 12, 1996 letter was a request that the Commission comply with the Code. Thee City Engineer states in his letter that "it is our understanding that the petition was verbally withdrawn." The City Engineer then states in the same letter: "Obviaus~ly, since nearly a year has elapsed since filing the petition, with no further contact i"rom you, we can only conclude that the petition was indeed withdrawn." If there v~a~s no contact from me after filing the petition, then how could I have verbally withdrawn it? I can assure you that neither I nor anyone else that I know about withdrew this petition, either verbally or in writing. In addition, just because some time has gone by since the petition was filed, while the petitioners patiently waited for the Commission to schedule a hearing, does not affect the City Code requirement that the Commission hold a hearing on a petition after it is filed. There is no time limit set in the Code on when the hearing can be held. Therefore, I again request that the Commission comply with KMC 14.20.270~c), and hold a hearing an the petition that I filed on May 10, 1995, without further delay. Please contact me if you have any other questions or concerns. Thank you. Very truly yours, istine A. Schmidt cc: Michael Christian Kevin M. Walker, Commission Chair CITY OF KENAI -' Gil o~ y4~-~>~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~~~~~~ ~rrnoar illl~r ,~~ Kristine A. Schmidt Attorney at Law 110 South Willow Street, Suite 101 Kenai, AK 9961 1 RE: PETITION TO AMEND CITY OF KENAI CODE Dear Ms. Schmidt: We received your letter dated March 12, 1996 concerning a petition delivered to the Planning and Zoning Commission on May 10, 1995. You stated that there has been no response to this petition. In researching the matter, and after speaking with Loretta Harvey, City Planning and Zoning Administrative Assistant at the time, it is our understanding that the petition was verbally withdrawn. Obviously, since nearly a year has elapsed since filing the petition, with no further contact with you on the matter, we can only conclude that the petition was indeed withdrawn. Please respond as to whether the petition was withdrawn. If you have any questions, please contact me. Sincerely, Gl~~ ~~-~-~~2~~ Jack La Shot City Engineer J L/mk cc: Cary Graves, City Attorney March 27, 1996 Kristine A. Schmidt Attorney at Law 110 South Willow Street, Suite 101 Kenai, Alaska 99611 (907) 283-7373 / (907) 283-2835 facsimile March 12, 1996 City of Kenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, AK 99611 Re: Petition to Amend City of Kenai Code Dear Commission members: On May 10, 1995, I delivered a Petition To Amend the City of Kenai Code to the Commission, pursuant to KMC 14.20.270, with a proposed ordinance attached. The Petition had over 100 signatures of Kenai residents. To date, there has been no response to the Petition. The City of Kenai Zoning Code, at KMC .14.20.270(c), requires that the Commission hold a hearing after submission of a "petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text." Please consider this letter a request for a hearing on the Petition. We would appreciate it if the hearing was scheduled for the first or second April 1996 Commission meeting, because the second March meeting conflicts with Spring Break schedules. I will be out of state during March 13-27, 1996. During that time, please direct your response to this letter to Michael Christian at 613 Maple Drive, Kenai, Alaska 99611, telephone 283-7944. I would appreciate your immediate attention to this matter. Very truly yours, -~~ ~"~ 'r Kristine A. Schmidt oc Michael Christian ~u ~ ORDINANCE AMENDING THE CITY OF KENAI PLANNING AND ZONING AND BUILDING PERMIT CODES Section 1. The Kenai Planning and Zoning code, Sec. 14.20.030, and the official zoning map, is amended to establish the Airport Zone, which encompasses an area described as follows: Sections 28, 29, 30, 31, 32, 33, T6N, R11W, and Sections 4, 5 and 6, TSN, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska. This zone overlays all other zones established in this area under the Kenai Zoning Code. i n 2. For a period of two years from the date of enactment of this ordinance by the voters, or two years from the date of enactment on an ordinance by the Kenai City Council pursuant to the City of Kenai Charter, Article 11, Sec. 11-3, no action shall be taken under the Kenai Planning and Zoning Code, Title 14„ by the Kenai City Council; or any board, commission or employee of the City of Kenai, in the Airport Zone, or the area described as Sections 28, 29, 30, 31, 32, 33, T6N, R11W, and Sections 4, 5 and 6, TSN, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska. ,~gction 3, If any provision of this ordinance is found to be illegal, void or unenforceable as a matter of law, that provision shall be severed from the rest of this ordinance. y March 12, 1996 MATANUSKA-SUSITNA BOROUGH ~ ~d PLANNING DEPARTMENT 350 East Dahlia Avenue, Palmer, Alaska 99645-6488 Phone 745-4801 Fax 745-9876 Ms. Teresa Werner Planning Commissioner City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Werner: Per our conversation I've enclosed two Mat-Su Borough ordinances regulating Adult Oriented Businesses and Correctional Community Residential Centers. Both ordinances establish a conditional use permitting process. Also enclosed is language from one of our comprehensive plans that establishes the need to regulate these land uses. Please note the construction of the Adult Oriented Businesses enabling ordinance. In the first part of this ordinance a list of reports is described. We believed that it was important to have this list ~ in order to establish the fact that the Borough conducted unbiased research prior to enacting this ordinance and used this research to determine that Adult Oriented Businesses do indeed have a negative impact on the public's health, safety, and welfare as well as property values. As the regulation of Adult Oriented Businesses brings First Amendment issues to bear, this listing was important for possible legal defense, which did occur. Also, the Adult Oriented Business ordinance contains an amortization section which was to be used to ensure that the existing business moved if it failed to meet the standards of the ordinance or if it failed to obtain the permit from the Planning Commission. Lastly, I can not emphasize enough the need to consider whether or not the community should regulate these types of land uses before they begin operation. While one can never anticipate every possible land use which may conflict with community desires, those that are known to present conflicts or negative impacts should be considered before someone invests funds in a here- to-for legal business only to find themselves a topic for regulation after operations begin. Also, one should consider land use regulations in a rational and unhurried fashion. Once an existing land use becomes an issue extra efforts are required to ensure fairness because the working environment becomes charged by those who want the existing business or operation stopped or moved, and by those who do not have a problem with the existing business or operation. I hope this information is of use. If you require any additional information, please do not hesitate to contact me at 907-745-9850. Sincerel , 6~`~ John Duffy Director of Planning CODE ORDINANCE Introduced by: Donald L. Moore, Borough Manager MATANUSKA-SUSITNA BOROUGH ORDINANCE SERIAL NO. 94-097SUB(1) AN ORDINANCE OF THE MATANUSKA-SUSITNA BOROUGH ASSEMBLY ADOPTING A NEW CHAPTER 17.90 REGULATION OF ADULT BU INESSES WHEREAS, the establishment of adult businesses in the core area without responsible land use regulation is found by the assembly to encourage criminal acts, and has a negative affect on the public health, safety, welfare, traffic, and property values; and WHEREAS, the introduction of unregulated adult businesses into the core area of the Matanuska-Susitna Borough threatens the public's health, safety, and welfare as documented by the following reports: (1) "The Current Status of Pornography and Its Effects on Society," Los Angeles, California Police Department, November 1984; (2) "Zoning for Adults Only," Zoning News, American Planning Association, August 1985; (3) "Adult Entertainment Businesses in Indianapolis; An Analysis," City of Indianapolis, Indiana, Department of Metropolitan Development, February 1984; (4) "Report on Adult Oriented Businesses in Austin," City of Austin, ,Texas, Office of Land Development Services, May 19, 1986; (5) "A Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo," City of Amarillo, Texas, Planning Department, September 12, 1977; (6) "Report on the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses," State of Minnesota, June 6, 1989; (7) "Adult Entertainment Businesses Study for Manatee County," Manatee County, Florida, Planning and Development Department, June 1987; (8) "Adult Business Study, Impacts in Late Evening/Early Morning Hours," City of Phoenix, Arizona, Planning Department, June 1994; (9) "Relation of Criminal Activity and Adult Businesses," City of Phoenix, Arizona, Planning Department, May 1979; (10) "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles," City of Los Angeles, California, Department of City Planning, June 1977. NOW THEREFORE, BE IT ENACTED: * Section 1. Classification. This ordinance is of a general and permanent nature and shall become part of the borough code. * Section 2. Adoption of new Chapter 17.90 is hereby adopted to read as follows: Page 1 of 11 No. ORD 94-097SUB(1) PI.N/1VT~RESO~PI.N37H AM 94-306 Chapter 17.90 REGULATION OF ADULT BUSINESSES 17.90.005 Definitions 17.90.010 Application of Chapter 17.90.015 Conditional Use Permit Required 17.90.020 Applications for Conditional use Permits 17.90.025 Action on permit applications 17.90.030 Physical requirements 17.90.035 Operational requirements 17.90.040 Revocation of permits 17.90.045 Appeals 17.90.050 Amortization of nonconforming uses 17.90.055 Penalties and Remedies MSB 17.90.005 Definitions. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) ADULT BOOKSTORE. A commercial establishment where at least 51 percent of its interior floor area or retail merchandise is devoted to the sale, rent, lease, inspection, or viewing of books, films, video cassettes, magazines, or other periodicals whose dominant theme is the actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity; (2) ADULT CABARET. A restaurant, coffee house, or cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers who provide live adult entertainment for commercial purposes; (3) ADULT ENTERTAINMENT. Any motion picture, live performance, display, or dance of any type whose dominant theme is actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity, offered for commercial purposes; (4) ADULT MINI-THEATER. An enclosed building with a capacity of less than 50 persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes; (5) ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes; Page 2 of 11 No. ORD 94-097SUB(1) rrxnv~r~eso~ru~~n AM 94-306 (6) ADULT BUSINESS. Any adult bookstore, adult cabazet, adult mini-theater, or adult motion picture theater; ('n COMMISSION. The Matanuska-Susitna Borough Planning Commission; (8) OWNERSHIP INTEREST. In any unincorporated business, any interest in real or personal property used in connection with the business, coupled with any degree of exercise of management, supervision, direction, or control of the business. In any incorporated business, the term "ownership interest" means ownership of any stock of the corporation; (9) OPERATOR OR MANAGER. Any natural person responsible for the actual operation and management of an adult business; (10) SPECIFIED ANATOMICAL AREAS: (a) less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the azeola; and (b) human male genitals in a discernible turgid state, even if opaquely covered. (11) SPECIFIED SEXUAL ACTIVITIES. Simulated or actual: (a) display of human genitals in a state of sexual stimulation or arousal; (b) acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado- masochistic abuse, fellatio, or cunnilingus; and (c) fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts. MSB 17.90.010 Application of chapter. This chapter shall apply only to that area of the Matanuska-Susitna Borough known as the "Core Area" as described in the official Core Area Comprehensive Area Plan and its amendments. MSB 17.90.015 Conditional use permit required. (A) Except as provided in MSB 17.90.050, no adult business may be operated or maintained in that azea of the borough described in MSB.17.90.010 unless a conditional use permit has been approved for that use by the commission. (B) A permit may be issued only for one adult business located at a fixed and certain place. Any person who desires to operate more than one adult business must have a separate conditional use permit for each adult business. (C) A permit issued under this chapter cannot be transferred to another location. ,~ Page 3 of 11 PIN/W7'/RESO/PLN37A No. ORD 94-097SUB(1) AM 94-306 MSB 17.90.020 Applications for conditional use permi c. (A) Applications for conditional use permits under this chapter shall be made on a } form provided by the planning and land use department. Applications shall be dated by and filed with the planning clerk. (B) Applications for conditional use permits shall contain: (1) the name of the adult business and its address, the name of the owner, and legal description of the property upon which the business will be located; (2) the written authorization of the owner of the property, including land and buildings, for the applicant to use that property as proposed; (3) the name, including all aliases, and current mailing address of every person who has an ownership interest in the adult business. The application shall also identify a natural person as the contact person for purposes of the application and official communications from the borough; (4) the name, including all aliases, and current mailing address of the person or persons who will operate or manage the business. Written proof that each person who will operate or manage the business is at least 21 yeazs of age shall also be provided; (5) fingerprints and two portrait photographs at least two inches by three inches of person or persons who will operate or manage the adult business; (6) if the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of its registered agent, the name and address of all shareholders owning more than five percent of the stock in such corporation, and all officers and directors of the corporation; ('n a detailed exterior site plan or as-built drawing prepared to scale by a qualified registered surveyor or professional engineer which shows the location and dimensions of the real property used for the business, the exterior dimensions of the building or structure to be used for the adult business, the height and bulk of the building or structure, exterior signage detail, all points of pedestrian and vehicle access, buffering and landscaping, drainage, traffic circulation patterns, exterior illumination, location of employee and customer pazlcing; (8) a detailed interior site plan or as-built drawing prepazed to scale by a qualified registered architect or professional engineer and approved by the state fire mazshall which shows interior dimensions of the building or structure in which the adult business will be operated as Page 4 of 11 No. ORD 94-097SUB(1) rirrn~T~sornuv~~'~ AM 94-306 well as the dimensions and location of all walls, booths, enclosures, rooms, structures, fire exits, signage, mechanical areas, stairways and walkways; (9) a detailed plan of operations which demonstrates how the applicant will operate the business in a manner consistent with this chapter; and (10) a nonrefundable application fee, established by the assembly, and made payable to the Matanuska-Susitna Borough. (C) The applicant shall pay the costs of postage for all mailings to property owners, community councils, and other parties required for action on the permit applications. MSB 17.90.025 Action on ~erznit applications. (A) The planning and land use director shall determine whether an application for a conditional use permit under this chapter meets the requirements of MSB 17.90.020. If the application does not, it shall be returned promptly to the applicant with an explanation of any deficiency. If the application meets the requirements of MSB 17.90.020, the planning and land use director shall forward the application and his analysis and recommendations to the commission for public hearing under this section. (B) An application which conforms to MSB 17.90.020 shall be heard by the commission at a public hearing. Notice of the public hearing shall be provided under Chapter 17.03, except that notice shall be published and mailed at least 30 days before the date of the public hearing to all property owners within at least 1,000 feet of the exterior boundary of the property described in the application. (C) After a public hearing, and upon review of the planning and land use director's analysis and recommendations, the commission shall consider: (1) whether the proposed use, even with mitigation, would be incompatible with and adversely affect surrounding residential neighborhoods; (2) whether the use would tend to encourage or facilitate crime in the surrounding area; (3) whether the proposed use would adversely affect property values of surrounding areas; (4) whether the proposed use would create unreasonable noise, visual blight, glare, obtrusive advertising, or dust; Page 5 of 11 No. ORD 94-097SUB(1) Puvndr/RPSO/PI.rr37A AM 94-306 (5) whether the proposed use would adversely affect the safe and efficient flow of traffic on any highway, arterial, collector, or street from which access to and from the business; (6) whether there are adequate parking facilities to accommodate a reasonably expected increased demand for parking generated by the business; (7) the effectiveness of any measures proposed by the applicant or any other person to reduce any negative effect upon adjacent residential neighborhoods by property line buffers and roadway buffers, planted berms, landscaping, reduction or elimination of obtrusive or garish signing or other features, lowered building elevation, clustering with other commercial establishments, and use of frontage roads to reduce the number of entries and exits onto highways, arterials, and collectors, and, where surrounding area is predominantly residential in character, site, and building design features that contribute to the residential character of surrounding development; and (8) whether the proposed site plans and plan of operations, together with any amendments thereto, are consistent with the purposes of this chapter. (D) Within 30 days of the public hearing on an application made under this chapter, the commission shall render a decision on the application, make specific findings required by law, and grant or deny the application. (E) The commission may grant a conditional use permit under this chapter only if the applicant shows, and the commission finds: (1) that the proposed use is compatible with or will not materially detract from the value, character, and integrity of surrounding residential areas; (2) - that granting the conditional use permit will not be harmful to the public health, safety, convenience, and welfare; and (3) that the proposed use will not contribute to crime, noise, litter, traffic congestion, visual blight, juvenile delinquency in areas surrounding the business. (F) In granting any application, the commission shall require the applicant to comply with the interior and exterior site plans and the plan of operation as approved by the commission, together with the physical and operational requirements of this chapter. The commission may also require the applicant to comply with such additional conditions necessary to ensure the compatibility of the proposed use with surrounding property. Page 6 of 11 PLN/NT/RESO/PLN37A No. ORD 94-097SUB(1) AM 94-306 (G) If the commission denies an application for a permit under this chapter, it shall make specific findings explaining how the proposed use does not conform to the requirements of this chapter. MSB 17.90.030 Physical requirements. (A) No adult business may be located within one mile of any other adult business, less than 1,000 feet from a church or other place of worship, child caze facility, playground or playing field, public or private school, or any premises licensed for the sale or service of alcoholic beverages, or less than 750 feet from a residential azea or school bus stop that was designated at the time of the application by the Matanuska-Susitna Borough School District. In this subsection, the term "residential area" means any subdivision of four or more lots where at least 50 percent of the lots are improved with single family or multi-family structures, or a subdivision of four or more lots where at least 75 percent of the lots are restricted by private covenants or zoning to residential purposes. (B) Exterior signs identifying the business aze allowed only if they aze physically attached to the building or structure used for the business. Signs may not exceed 32 square feet in azea, and must be constantly illuminated during nighttime hours while the premise is open to the public. Portable signs, signs mounted on top of buildings, flashing, rotating, animated, or intermittently lighted signs aze prohibited. (C) Sufficient pazking shall be provided on the property to accommodate all patrons and employees. Exterior pazking azeas for customers and employees shall be illuminated. (D) Individual booths, rooms, or cubicles may not be made available for the private viewing of adult entertainment by patrons of an adult business unless each: (1) is completely accessible to and from aisles and public areas of the adult business and shall be unobstructed by any door, lock, or other closing device; (2) is physically separated by a wall of at least six feet high from adjacent booths, rooms, cubicles, and non public azeas; (3) has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times of anyone occupying same; (4) is constructed with three walls constructed without openings, extended from the floor to a height of not less than six feet high, and finished with a light colored, nonabsorbent, smooth textured, and easily cleanable paint or protective coating; Page 7 of 11 No. ORD 94-097SUB(1) P~~'~~~P~-*i37A AM 94-306 (5) contains a floor that is light colored, nonabsorbent, smooth textured, and easily cleanable; (6) is illuminated at all times with electric lighting of at least 10 foot candles at all times as measured from the floor when the booth is not in operation; and (7) is occupied by only one individual at any time. MSB 1'7.90.035 Ouerational requirements. (A) Hours of operation. Adult business may operate only between the hours of 10 a.m. to 12 midnight. (B) Adult businesses may not allow persons under the age of 21 on premises at any time. (C) Adult business may not employ, hire, or engage the services of any person to manage or operate the business if that person has been convicted of a felony of any type, or of any misdemeanor involving prostitution or prostitution related offenses, gambling, assault, battery, possession, sale, or distribution of pornographic materials. On request of the planning and land use director, the owner or manager of an adult business shall supply proof satisfactory to the borough, including signed releases, where necessary to verify continued compliance with this subsection. (D) Operators and managers shall take reasonable measures to ensure that occupants of individual booths, rooms, or cubicles do not engage in any type of sexual activity, cause any bodily discharge, or litter while in the booth. (E) The sale, service, and consumption of alcoholic beverages in any premises used for an adult business, is prohibited. (F) Amplified sound may not be broadcast outside buildings and structures used for adult businesses. (G) Conditional use permits and the terms and conditions imposed by the commission shall be displayed on the premise for which the permit is issued and in a location readily seen by patrons. (H) Every adult business shall require its operator or manager to ensure that no bottles, litter, trash, garbage, junk, or other refuse is stored or abandoned by any person on site except in sanitary, closed receptacles. Page 8 of 11 No. ORD 94-097SUB(1) PW/1~T~RSSO~PL.N37A AM 94-306 (I) Every adult business shall ensure that the documents and information supplied to ~ the borough in connection with approval of a conditional use permit remain current and are periodically updated where necessary. MSB 17.90.040 Revocation of permits. (A) A conditional use permit may be revoked for any of the following reasons: (1) any willful violation of this chapter or the terms and conditions of a permit issued under this chapter by the operator or manager of an adult business, or any person having an ownership interest in the adult business; and (2) a material misrepresentation of fact by the operator or manager of an adult business, or any person having an ownership interest in the adult business in connection with the original application for a conditional use permit. (B) Upon the request of the planning and land use duector and with the same notice to the applicant and public as required under MSB 17.90.025 for consideration of new applications, the commission shall conduct a public hearing over whether a conditional use permit issued under this chapter shall be revoked or modified. No permit may be revoked or modified by the commission unless the person or entity to whom the permit was originally issued and the legal owner of the real property upon which the business is conducted has been given advance notice of the hearing scheduled under this section, an explanation prepared by the planning and land use director of the reasons for the proposed action, and an opportunity to be heard before the commission. MSB 17.90.045 ARpeaLs. An appeal from a decision of the commission granting, denying, revoking, or modifying a conditional use permit under this chapter or action of the commission with respect to amortization of a nonconforming adult business under MSB 17.90.050 may be filed by any aggrieved party under Chapter 15.38. MSB 17.90.050 Amortization of nonconforming uses. (A) Adult businesses lawfully established before the effective date of this chapter may continue to exist as nonconforming uses only if they obtain an amortization permit from the commission on or before July 1, 1995. (B) An application for an amortization permit must be submitted to the planning and land use director on or before January 1, 1995 and shall contain the following: Page 9 of 11 No. OIZD 94-097SUB(1) PLN/NT/RFSO/PLN37A AM 94-306 (1) the information and submittals described in MSB.17.90.020(B)(1-8); and (2) financial information demonstrating the actual capital investment made in the business. (C) Upon receipt of an application for an amortization permit under this section which conforms to B of this section, the planning and land use director shall forwazd that application, together with his own analysis and recommendations, to the commission. On receipt of an application and the planning and land use director's recommendation, the commission shall conduct a public hearing with advance notice to the applicant and to the public as provided in MSB.17.90.025(B). (D) After a public hearing, the commission shall determine an appropriate period of time, expressed in months or years, during which a nonconforming adult business may continue business operations under this section. In making that determination, the commission shall consider: (1) the actual investment made by the owner in the nonconforming adult business and a reasonable rate of return on that investment; (2) the public interest associated with the products and services lawfully offered by the adult business, together with any adverse impact continuation of the business may have on surrounding uses of land; and (3) the compatibility of the adult business with the future development of land uses in the surrounding azea. (E) In connection with approval of an amortization permit under this section, the commission may impose reasonable requirements governing: (1) the hours the adult business may be operated; (2) the size, number, location, and illumination of exterior signage; (3) traffic circulation, on-site parking and pazking lot illumination; (4) proof that each person who will operate or manage the business is at least 21 yeazs of age; (5) the employment of persons convicted of felonies as operators or managers of the business; and (6) buffering, screening, or other measures intended to lessen the impact of the adult business on surrounding residential neighborhoods. Page 10 of 11 No. ORD 94-097SUB(1) PI-NUN'1'/RESO/PIN37A AM 94-306 MSB 17.90.055 Penalties and remedies. ,} (A) This chapter and the terms and conditions of any conditional use or amortization permit issued under this chapter may be enforced under Chapter 17.56. (B) In addition to the penalties provided under Chapter 17.56, violations of this chapter or the conditions of any permit issued under this chapter may result in suspension or revocation of the permit in accordance with MSB 17.90.040. (C) Authorized representatives of the Alaska State Department of Public Safety or the Matanuska-Susitna Borough shall have the authority to enter any adult oriented establishment at all reasonable time to inspect the premises for the purpose of determining compliance with the terms and conditions of applicable permits, codes, regulations, and laws. At a minimum, reasonable times shall include the operating hours of the establishment. * Section 3. Effective date. Ordinance Serial No. 94-097SUB(1) shall take effect immediately upon adoption by the Matanuska-Susitna Borough Assembly. INTRODUCTION: PUBLIC HEARING: ADOPTED by the Matanuska-Susitna Borough Assembly this = ``~ day of 1 ~ ~ ~ t', r~ ` ~ `~r ^ , 1994. ~~ , \ ~ RBA LACHER, Borough Mayor ATTEST: I ~' ~ ~ ~ ~ ~~1 L A A. DAHL, Borough Clerk (SEAL) Page 11 of 11 No. ORD 94-097SUB(1) PI1H/NTlRESO~PIIV37A AM 94-306 ~~ MATANUSKA-SUSITNA BOROUGH RESOLUTION SERIAL NO. 94- / / ~ A RESOLUTION OF THE MATANUSKA-SUSTTNA BOROUGH ASSEMBLY ESTABLISHING A FEE FOR A CONDITIONAL USE PERMIT APPLICATION FOR CHAPTER 17 90 UNDER TITLE 17 ZONING REGULATIONS WHEREAS, MSB 17.99 provides that the assembly shall establish a schedule of fees for applications, requests and appeals under title 17; NOW THEREFORE, BE TT RESOLVED, that the fee schedule, adopted by the assembly on January 11, 1994, is hereby amended to add the following fee: CHAPTER TIT E FEE 17.90 REGULATION OF ADULT BUSINESSES -CONDITIONAL $250 USE PERMIT ADOPTED by the Matanuska-Susitna Borough Assembly this ~ ~ day of (~~ ~ ~v~jV~~ r , 1994. ATTEST: INDA A. DAHL, Borough Clerk (SEAL) cc/duwlBorocode\Title 17\ResoFee 1 Borough Mayor AM No. 94-306 ORD No. 94-097SUB RS No. 94- / i Zoning, Title 17 Section 17.90.005 17.90.010 17.90.015 17.90.020 17.90.025 17.90.030 17.90.035 17.90.040 17.90.045 17.90.050 17.90.055 CHAPTER 17.90: REGULATION OF ADULT BUSINESSES Definitions Application of chapter Conditional use permit required Applications for conditional use permits Action on permit applications Physical requirements Operational requirements Revocation of permits Appeals Amortization of nonconforming uses Penalties and remedies 17.90.005 DEFINITIONS. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) "Adult bookstore" means a commercial establishment where at least 51 percent of its interior floor azea or retail merchandise is devoted to the sale, rent, lease, inspection, or viewing of books, films, video cassettes, magazines, or other periodicals whose dominant theme is the actual or simulated specified sexual activities, display or exhibition of specified anatomical azeas, removal of articles of clothing, or total nudity. (2) "Adult cabaret" means a restaurant, coffee house, or cabazet which features topless dancers, strippers, male or female impersonators, or similar entertainers who provide live adult entertain- ment for commercial purposes. (3) "Adult entertainment" means any motion picture, live performance, display, or dance of any type whose dominant theme is actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity, offered for commercial purposes. (4) "Adult mini-theater° means an enclosed building with a capacity of less than 50 persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes. (5) "Adult motion picture theater" means an enclosed building with a capacity of 50 or more persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes. (6) "Adult business" means any adult bookstore, adult cabazet, adult mini-theater, or adult motion picture theater. (7) "Commission" means the Matanuska- Susitna Borough Planning Commission. (8) "Ownership interest" in any unincorporated business, means any interest in real or personal property used in connection with the business, coupled with any .degree of exercise of management, supervision, direction, or control of the business. In any incorporated business, the tenor "ownership interest" means ownership of any stock of the corporation. (9) "Operator or manager" means any natural person responsible for the actual operation and management of an adult business. (10) "Specified anatomical azeas" means: (a) less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (b) human male genitals in a dis- cernible turgid state, even if opaquely covered. (11) "Specified sexual activities" means simulated or actual: (Matanuska-Susitna Borough 8/95 S-1) 229 Zoning, Title 17 (a) display of human genitals in a state of sexual stimulation or arousal; (b) acts of masturbation, sexual inter- course, sodomy, bestiality, necrophilia, sado- masochistic abuse, fellatio, or cunnilingus; and (c) fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts. (Ord. 94-097(sub 1), § 2 (part), 1994) 17.90.010 APPLICATION OF CHAPTER. This chapter shall apply only to that area of the Matanuska-Susitna Borough known as the "Core Area" as described in the official Core Area Comprehensive Area Plan and its amendments. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.015 CONDITIONAL USE PERNIIT REQUIRED. (A) Except as provided in MSB 17.90.050, no adult business may be operated or maintained in that area of the borough described in MSB 17.90.010 unless a conditional use permit has been approved for that use by the commission. (B) A permit may be issued only for one adult business located at a fixed and certain place. Any person who desires to operate more than one adult business must have a separate conditional use permit for each adult business. (C) A permit issued under this chapter cannot be transferred to another location. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.020 APPLICATIONS FOR CONDITIONAL USE PERMITS. (A) Applications for conditional use permits under this chapter shall be made on a form provided by the planning and land use department. Applica- tions shall be dated by and filed with the planning clerk. (B) Applications for conditional use permits shall contain: (1) the name of the adult business and its address, the name of the owner, and legal description of the property upon which the business will be located; (2) the written authorization of the owner of the property, including land and buildings, for the applicant to use that property as proposed; (3) the name, including all aliases, and current mailing address of every person who has an ownership interest in the adult business. The applica- tion shall also identify a natural personas the contact person for purposes of the application and official communications from the borough; (4) the name, including all aliases, and current mailing address of the person or persons who will operate or manage the business. Written proof that each person who wild operate or manage the business is at least 21 years of age shall also be provided; (5) fingerprints and two portrait photo- graphs at least two inches by three inches of person or persons who will operate or manage the adult business; (6) if the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of its registered agent, the name and address of all shareholders owning more than five percent of the stock in such corporation, and all officers and .directors of the corporation; (7) a detailed exterior site plan or as-built drawing prepared to scale by a qualified registered surveyor or professional engineer which shows the location and dimensions of the real property used for the business, the exterior dimensions of the building or structure to be used for the adult business, the height and bulk of the building or structure, exterior signage detail, all points of pedestrian and vehicle access, buffering and landscaping, drainage, traffic circulation patterns, exterior illumination, location of employee and customer parking; (8) a detailed interior site plan or as-built drawing prepared to scale by a qualified registered architect or professional engineer and approved by the state fire marshall which shows interior dimensions of the building or structure in which the adult business will be operated as well as the dimensions and (Matanuska-Susima Borough 8/95 S-1) 230 Zoning, Title 17 location of all walls, booths, enclosures, rooms, structures, fire exits, signage, mechanical azeas, stairways and walkways; (9) a detailed plan of operations which demonstrates how the applicant will operate the business in a manner consistent with this chapter; and (10) anon-refundable application fee, estab- Iished by the assembly, and made payable to the Matanuska-Susitna Borough. (C) The applicant shall pay the costs of postage for all mailings to property owners, community councils, and other parties required for action on the permit applications. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.025 ACTION ON PERMIT APPLICATIONS. (A) The planning and land use director shall determine whether an application for a conditional use permit under this chapter meets the requirements of MSB 17.90.020. If the application does not, it shall be returned promptly to the applicant with an explanation of any deficiency. If the application meets the requirements of MSB 17.90.020, the planning and land use director shall forwazd the application and the director's analysis and recommendations to the commission for public hearing under this section. (B) An application which conforms to MSB 17.90.020 shall be heard by the commission at a public hearing. Notice of the public heazing shall be provided under MSB 17.03, except that notice shall be published and mailed at least 30 days before the date of the public hearing to all property owners within at least 1,000 feet of the exterior boundary of the property described in the application. (C) After a public heazing, and upon review of the planning and land use director's analysis and recommendations, the commission shall consider: (1) whether the proposed use, even with mitigation, would be incompatible with and adversely affect surrounding residential neighborhoods; (2) whether the use would tend to encourage or facilitate crime in the surrounding area; (3) whether the proposed use would adversely affect property values of surrounding azeas; (4) whether the proposed use would create unreasonable noise, visual blight, glare, obtrusive advertising, or dust; (5) whether the proposed use would adversely affect the safe and efficient flow of traffic on any highway, arterial, collector, or street from which access to and from the business; (6) whether there are adequate parking facilities to accommodate a reasonably expected increased demand for parking generated by the business; (7) the effectiveness of any measures proposed by the applicant or any other person to reduce any negative effect upon adjacent residential neighborhoods by property line buffers and roadway buffers, planted berms, landscaping, reduction or elimination of obtrusive or garish signing or other features, lowered building elevation, clustering with other commercial establishments, and use of frontage roads to reduce the number of entries and exits onto highways, arterials, and collectors, and, where surrounding azea is predominantly residential in character, site, and building design features that contribute to the residential chazacter of surrounding development; and (8) whether the proposed site plans and plan of operations, together with any amendments thereto, are consistent with the purposes of this chapter. (D) Within 30 days of the public heazing on an application made under this chapters the commission shall render a decision on the application, make specific findings required by law, and grant or deny the application. (E) The commission may grant a conditional use permit under this chapter only if the applicant shows, and the commission finds: (1) that the proposed use is compatible with or will not materially detract from the value, character, and integrity of surrounding residential azeas; (2) that granting the conditional use permit will not be harmful to the public health, safety, convenience, and welfare; and (3) that the proposed use will not con- tribute to crime, noise, litter, traffic congestion, visual blight, juvenile delinquency in areas surrounding the business. 231 (Matanuska-Susitna Borough 8/95 S-i) Zoning, Title 17 (F) In granting any application, the commission shall require the applicant to comply with the interior and exterior site plans and the plan of operation as approved by the commission, together with the physical and operational requirements of this chapter. The commission may also require the applicant to comply with such additional conditions necessary to ensure the compatibility of the proposed use with surrounding property. (G) If the commission denies an application for a permit under this chapter, it shall make specific findings explaining how the proposed use does not conform to the requirements of this chapter. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.030 PHYSICAL REQUIREMENTS. (A) No adult business may be located within one mile of any other adult business, less than 1,000 feet from a church or other place of worship, child caze facility, playground or playing field, public or private school, or any premises licensed for the sale or service of alcoholic beverages, or less than 750 feet from a residential area or school bus stop that was designated at the time of the application by the Matanuska-Susitna Borough School District. In this subsection, the term "residential azea" means any subdivision of four or more lots where at least 50 percent of the lots aze improved with single family or multi-family structures, or a subdivision of four or more lots where at least 75 percent of the lots aze restricted by private covenants or zoning to residential purposes. (B) Exterior signs identifying the business are allowed only if they are physically attached to the building or structure used for the business. Signs may not exceed 32 square feet in area, and must be constantly illuminated during nighttime hours .while the premise is open to the public. Portable signs, signs mounted on top of buildings, flashing, rotating, animated, or intermittently lighted signs are prohibited. (C) Sufficient parking shall be provided on the property to accommodate all patrons and employees. Exterior parking areas for customers and employees shall be illuminated. (D) Individual booths, rooms, or cubicles may not be made available for the private viewing of adult entertainment by patrons of an adult business unless each: (1) is completely accessible to and from aisles and public azeas of the adult business and shall be unobstructed by any door, lock, or other closing device; (2) is physically sepazated by a wall of at least six feet high from adjacent booths, rooms, cubicles, and non public areas; (3) has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times of anyone occupying same; (4) is constructed with three walls con- structed without openings, extended from the floor to a height of not less than six feet high, and fmished with a light colored, nonabsorbent, smooth textured, and easily cleanable paint or protective coating; (5) contains a floor that is light colored, nonabsorbent, smooth textured, and easily cleanable; (6) is illuminated at all times with electric lighting of at least 10 foot candles at all times as measured from the floor when the booth is not in operation; and (7) is occupied by only one individual at any time. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.035 OPERATIONAL REQUIREMENTS. (A) Hours of operation. Adult business may operate only between the hours of 10 a.m. to 12 midnight. (B) Adult businesses may not allow persons- under the age of 21 on premises at any time. (C) Adult business may not employ, hire, or engage the services of any person to manage or operate the business if that person has been convicted of a felony of any type, or of any misdemeanor involving prostitution or prostitution related offenses, gambling, assault, battery, possession, sale, or distribution of pornographic materials. On request of the planning and land use director, the owner or manager of an adult business shall supply proof satisfactory to the borough, including signed releases, where necessary to verify continued compliance with this subsection. (Matanuska-Susitna Borough 5/95) 232 Zoning, Title 17 (D) Operators and managers shall take reason- able measures to ensure that occupants of individual booths, rooms, or cubicles do not engage in any type of sexual activity, cause any bodily discharge, or litter while in the booth. (E) The sale, service, and consumption of alcoholic beverages in any premises used for an adult business, is prohibited. (F) Amplified sound may not be broadcast outside buildings and structures used for adult businesses. (G) Conditional use permits and the terms and conditions imposed by the commission shall be displayed on the premise for which the permit is issued and in a location readily seen by patrons. (H) Every adult business shall require its operator or manager to ensure that no bottles, litter, trash, garbage, junk, or other refuse is stored or abandoned by any person on site except in sanitary, closed receptacles. (I) Every adult business shall ensure that the documents and information supplied to the borough in connection with approval of a conditional use permit remain current and are periodically updated .where necessary. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.040 REVOCATION OF PERMITS. (A) A conditional use permit may be revoked for any of the following reasons: (1) any willful violation of this chapter or the terms and conditions of a permit issued under this chapter by the operator or manager of an adult business, or any person having an ownership interest in the adult business; and (2) a material misrepresentation of fact by the operator or manager of an adult business, or any person having an ownership interest in the adult business in connection with the original application for a conditional use permit. (B) Upon the request of the planning and land use director and with the same notice to the applicant and public as required under MSB 17.90.025 for consideration of new applications, the commission shall conduct a public hearing over whether a conditional use permit issued under this chapter shall be revoked or modified. No permit may be revoked or modified by the commission unless the person or entity to whom the permit was originally issued and the legal owner of the real property upon which the business is conducted has been given advance notice of the hearing scheduled under this section, an explanation prepared by the planning and land use director of the reasons for the proposed action, and an opportunity to be heard before the commission. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.045 APPEALS. An appeal from a decision of the commission granting, denying, revoking, or modifying a conditional use permit under this chapter or action of the commission with respect to amortization of a nonconforming adult business under MSB 17.90.050 may be filed by any aggrieved party under MSB 15.38. (Ord. 94-097(subl), § 2 (part), 1994} 17.90.050 AMORTIZATION OF NONCONFORMING USES. (A) Adult businesses lawfully established before the effective date of this chapter may continue to exist as nonconforming uses only if they obtain an amortization permit from the commission on or before July 1, 1995. (B) An application for an amortization permit must be submitted to~ the planning and land use director on or before January 1, 1995 and shall contain the following: (1) the information and submittals described in MSB 17.90.020(B)(1-8); and (2) financial information demonstrating the actual capital investment made in the business. (C) Upon receipt of an application for an amortization permit under this section which conforms to subsection (B), the planning and land use director shall forward that application, together with the director's analysis and recommendations, to the commission. On receipt of an application and the planning and land use director's recommendation, the 233 (Matanuska-Susitna Borough 8/95 S-1) Zoning, Title 17 commission shall conduct a public hearing with advance notice to the applicant and to the public as provided in MSB 17.90.025(B). (D) After a public hearing, the commission shall determine an appropriate period of time, expressed in months or years, during which a nonconforming adult business may continue business operations under this section. In making that determination, the commission shall consider: (1) the actual investment made by the owner in the nonconforming adult business and a reasonable rate of return on that investment; (2) the public interest associated with the products and services lawfully offered by the adult business, together with any adverse impact con- tinuation of the business may have on surrounding uses of land; and (3) the compatibility of the adult business with the future development of land uses in the surrounding area. (E) In connection with approval of an amortiza- tion permit under this section, the commission may impose reasonable requirements governing: (1) the hours the adult business may be operated; (2) the size, number, location, and illumination of exterior signage; (3) traffic circulation, on-site parking and parking lot illumination; (4) proof that each person who will operate or manage the business is at least 21 years of age; (5) the employment of persons convicted of felonies as operators or managers of the business; and (6) buffering, screening, or other measures intended to lessen the impact of the adult business on surrounding residential neighborhoods. (Ord. 94-097(subl), § 2 (part), 1994) 17.90.055 PENALTIES AND REMEDIES. (A) This chapter and the terms and conditions of any conditional use or amortization permit issued under this chapter may be enforced under MSB 17.56. (B) In addition to the penalties provided under MSB 17.56, violations of this chapter or the conditions of any permit issued under this chapter may result in suspension or revocation of the permit in accordance with MSB 17.90.040. (C) Authorized representatives of the Alaska State Department of Public Safety or the Matanuska- Susitna Borough shall have the authority to enter any adult oriented establishment at all reasonable time to inspect the premises for the purpose of determining compliance with the terms and conditions of applic- able permits, codes, regulations, and laws. At a minimum, reasonable times shall include the operating hours of the establishment. (Ord. 94-097(subl), § 2 (part), 1994) (Matanuska-Susima Borough 8/95 S-1) 234 Code Ordinance By: D. Moore Introduction: 1/2/96 Substituted: 1/16/96 Public Hearing: 1/16/96 Amended: 1/16/96 Adopted: 1/16/96 MATANUSIG-SUSITI~U BOROUQrH ORDINANCE 38RT1T. NO. 96-003(SUB)(AM) AN ORDINANCE OF THE MATANUSKA-SUSITNA BOROUGH ASSEMBLY AMENDING MSB 17.60. REGULATING CORRECTIONAL COMMUNITY RESIDENTIAL CENTERS BE IT ENACTED: Section 1. Classification. This ordinance is of a general and permanent nature and shall become a part of the borough code. Section 2. Amendment of subsection. MSB 17.60.010(A) is hereby amended by .adding the following definitions (the codifier is instructed to place these in alphabetical order and renumber accordingly): (5) "Correctional community residential center (CCRC)" means a community residential center, other than a correctional institution, for the short-term or temporary detention of prisoners in transition from a correctional institution, performing restitution, or undergoing rehabilitation or recovery from a legal infirmity. CCRCs may not be used for detention of prisoners who pose a threat or danger to the public for violent or sexual misconduct without imprisonment or physical confinement under guard or twenty-four hour physical supervision. The determination of whether a prisoner poses a threat or danger to the public for ~ Page 1 of 12 Ordinance No. 96-003(SUB)(AM) C:\wP51\Onn\95002D.cc AM NO . 9 6- 0 1 1 AM No. 96-019 violent or sexual misconduct without imprisonment or i - physical confinement under guard or twenty-four hour physical supervision shall be made by the commissioner of corrections for state prisoners and the United States Attorney General, or the U.S. Director of Bureau of Prisons for federal prisoners. (6) "Correctional institution" means a facility other than a correctional community residential center providing for the imprisonment or physical confinement or detention of prisoners under guard or twenty-four hour physical supervision, such as prisons, prison farms, jails, reformatories, penitentiaries, houses of detention, detention centers, honor camps, and similar facilities. (7) "Federal Prisoners" means offenders in i the custody or control or under the care or supervision of the United States Attorney General or the Bureau of Prisons. (10) "Neighborhood" means an area of a community with characteristics which distinguish it from other community areas and which may include distinct economic characteristics, use patterns, schools, or boundaries defined by physical barriers such as major highways, railroads, or natural features such as rivers. (11) "Prisoner" means: (a) a person held under authority of state law in official detention as defined in AS 11.81.900; ~ Page 2 of 12 Ordinance No. 96-003(SUB)(AM) c:~wPSi~oaa~9soo~a.oc AM NO . 9 6- 0 1 1 AM No. 96-019 (b) includes a juvenile committed to the custody of the Alaska Department of Corrections Commissioner when the juvenile has been charged, prosecuted, or convicted as an adult. Section 3. hereby amended follows: Amendment of section. MSB 17.60.020 is sA_L This chapter applies in all areas of the borough outside special land use districts, unless othezwise provided for in this chapter [EAST OF THE SUSITNA RIVER AND SOUTH OF THE TOWNSHIP LINE COMMON TO T30N AND T31N, S.M. AND T11N AND T12N, C.R.M. THIS CHAPTER DOES NOT APPLY TO ANY SPECIAL LAND USE DISTRICT UNLESS OTHERWISE PROVIDED.] The requirements of this chanter applies to CCRCs within special land use districts, residential land use districts, and other areas outside the cities, which alloov_ correctional group homes as s permitted or conditional u:e. ~ This chanter does not apply to correctional residential supervision where only one person is required to remain during specified eriods of every day for a saecified term at his or her regular private residence or the private residanc• of another parson into whose custody the supervised person has been place8 by a udQe or magistrate as is "house arrest" or as a condition of release arhil• awaiting trial. .,~. Thi• chapter does not apply within the cities of Houston, Palmer, or Wasilla. Page 3 of 12 Ordinance No. 96-003(SUB)(AM) C:\we51\OaD\95002D.cc AM NO . 9 6- 0 1 1 AM No. 96-019 This chanter does got avDly to state anflroved noncorrectional facilities such as, substance abuse treatment programs. hosvitsls, or iob training centers which are incidently flroviding residential treatment, rehabilitative care, or training to persons is the custody of local, state, or federal corrections authorities. For aurfloses of this chanter "incidental^ means ten varcent or less of the facilitv~s authorized noflulation, but allows one corrections custody resident if the facility is designed to ~rovids residence for less thaw ten versons. ' Section 4. Amendment of section. MSB 17.60.030(A), is hereby amended as follows: (A) The following land uses are declared to be potentially damaging to the property values and usefulness of adjacent properties, [AND/] or potentially harmful to the public health, safety, and welfare: ~ [J]junkyards and refuse areas,[.] ,~ correctional community residential centers. Section 5. Adoption of section.' MSB 17.60.120, is hereby adopted to read as follows: 17.60.120 STAND~IRDB FOR CORRECTIONAL CONM[JNITY RESIDEN'PT1T. CENTERS. (A) These standards may not be implemented in a way that compromises the required security of a facility. CCRCs established after the effective date of this Page 4 of 12 Ordinance No. 96-003(SUB)(AM) C:\WP51\ORD\95001D.ce AM ND . " 6 - 0 1 1 AM No. 96-019 ordinance must be in accordance with the standards of this chapter. (B) In addition to all other applicable laws, rules, and standards, CCRCs are subject to the following standards: (1) A CCRC may not be located within one- half mile of a pre-existing public or licensed private school, a pre-existing licensed day care facility, or 750 feet from a pre-existing alcohol beverage dispensary or package store. (2) CCRCs may not generate traffic, light, glare, noise, odor, smoke, electrical interference, vibration, or dust and may not have an appearance, scale of operation, size, residential density, or use that is not allowed in the district within which it is located, j that is out of character with the surrounding neighborhood, or that causes a nuisance off the permitted site. (3) CCRC dwelling units may be attached or detached in keeping with the character of the surrounding area and requirements of the district within which the facility is located. (4) CCRCs providing single-family style, dormitory, or hotel-style living arrangements, in keeping with the character of the surrounding neighborhood, may be approved subject to the provision of equivalent facilities and living space per resident. Page 5 of 12 Ordinance No. 96-003(SUB)(AM) C:\WP53\DnD\95002D.cc AM No . 9 6- 0 1 1 AM No. 96-019 -~ (5) A CCRC must be the principal use on the parcel of land upon which it is located. (6) All other types of facilities and categories of land use on the site of a CCRC are subject to the approval of the borough in accordance with this chapter for the purpose of regulating land use impacts. Such uses and facilities include, but are not limited to, organizational administration, vocational training, staff training, and activities which generate revenue to the facility or its sponsor organization such as manufacturing, remanufacturing, repair, sales, process, service, agriculture, or animal husbandry. (7) The minimum lot size for CCRCs shall be: (a) 1-24 beds; 40,000 square feet. ~ (b) For each additional 12 beds or fraction thereof; 20,000 additional square feet. (c) The planning commission may increase the allowed density if community water and sewage is available to the facility. (8) New construction shall be iri character with the neighborhood and reflect sensitivity and respect for the surrounding environment. (9) The maximum lot coverage by buildings must be in accordance with the district in which the facility is located to a maximum of 25 percent. (10) The maximum height of structures shall be that which is permitted in the district, and in Page 6 of 12 Ordinance No. 96-003(SUB)(AM) c:~wrsi~oR°~9soo2a.ac AM NO . 9 6- 0 1 1 AM No. 96-019 character with the surrounding neighborhood in which the r facility is located to a maximum of three stories not to exceed 40 feet. (11) The minimum separation between buildings, walled structures, or fences shall be ten feet. (12) All CCRCs will provide appropriate on- site residential facilities, common areas, recreational areas, educational areas, laundry areas, emergency medical service and food service areas to provide for the needs of the residents who are restricted to the premises. (13) The land use standard to establish maximum resident occupancy at a CCRC is a minimum of 150 square feet of building area per resident, calculated by j including all bedroom, kitchen, bathroom, living, recreation, and other areas within the facility intended for common use by the residents. (14) Landscaping must meet the following criteria: (a) All areas not occupied by authorized buildings, structures, storage, driveways, parking, walkways, or other approved development must have maintained visual enhancement buffer landscaping. Where approved by the planning commission, maintaining existing natural vegetation shall be acceptable as a buffer. Page 7 of 12 Ordinance No. 96-003(SUB)(AM) C:\WPSl\ORD\9S002D.ec AN! No . [~ 6 - 0 1 1 AM No. 976-019 i (b) Buffer landscaping must be maintained along the length of each lot line of the permitted site which abuts a lot within a residential district or a lot containing a residential use. (c) Buffer landscaping must be maintained along the length of all streets and roads upon which the permitted site has frontage. (d) Surface water, storm water, and other runoff must be managed to avoid pollution and damage in accordance with an approved plan. (15) Lighting must be provided at all developed pedestrian and vehicular access points for the permitted site. Additional lighting sufficient to enhance public safety may be provided as required by the j planning commission. (16) All parking and loading areas required for the permitted use must be provided on site and shall be paved with gravel, chip seal, asphalt, or concrete. Adequate parking and on-site vehicular maneuvering room, as determined by the planning commission, must be provided to accommodate staff, residents, visitors, and services associated with the permitted use. Parking spaces meeting national handicapped parking space requirements shall be provided. (17) Signs, excluding warning and official notification of rules signs, which are intended to be visible from off site, must be limited to that allowed Page 8 of 12 Ordinance No. 96-003(SUB)(AM) c: ~rnsi~oxn~ssooza.ec AM NO . 9 6- 0 1 1 AM No. 96-019 within the district within which the facility is located 1 except as follows: (a) Unless otherwise regulated the maximum combined area shall be 32 square feet for all regulated signs. (b) Signs must be below the roof line of the lowest residential structure on site or the structure upon which it is mounted, whichever is lower. (c) Signs must be unlighted or be lit so as to avoid glare off site. (18) Loading facilities, refuse containers, and outdoor storage of equipment and material shall be visually screened from adjacent developed public access rights-of-way, residential lots, and residential uses. (19) All CCRCs must be maintained in a safe, ~ clean condition. Except as specifically authorized under this section, the storage, keeping, or disposal of junk and trash at a CCRC site is prohibited except for incidental amounts kept for no more than 30 consecutive days to facilitate recycling and proper disposal at an approved disposal site. As approved by the planning commission, the temporary storage of junk that is not visible from off site may be allowed. Storage of junk must be determined to be necessary to the operation of an approved use, such as a repair shop, within a CCRC and must be subject to a removal schedule. (C) As part of the application, the applicant shall provide the following supporting information: f Page 9 of 12 Ordinance No. 96-003(SUB)(AM) c:~wrsi~onn~ssoozn.a` AM NO . 9 6- 0 1 1 AM No. 96-019 (1) as-built or proposed site plan of the i application site, drawn to scale and certified by a registered land surveyor, depicting all boundaries, topography, structures, landscaping, drainage management, and other development. (2) design drawings, drawn to scale, for all buildings, and structures, and elevations. Design drawings for new construction must be certified by a registered engineer or architect. (3) a plan of operations describing the proposed use in detail sufficient to demonstrate compliance with all applicable borough ordinances, standards, and conditions. This submittal shall also include: (a) evidence of compliance with all ~ other applicable local, state, and federal laws by the applicant(s) and their authorized agent(s) regarding the proposed use; (b) a proposed organization."chart of the operation identifying the lines of responsibility and general function of the owners and staff of the organizations that will own and operate the facility including job descriptions; (c) a description of the number and types of residents proposed; (d) descriptions of all major activity types proposed to occur on site; ~ Page 10 of 12 Ordinance No. 96-003(SUB)(AM) c:~wPSi~ona~9soaza.eo AM NO . 9 6- 0 1 1 AM No. 96-019 (e) general description of the 1 security measures proposed to protect the public safety. (D) The property owner and the permittee shall be responsible for maintaining all aspects of the operation, improvements, development, and site in compliance with the terms and conditions of the permit and all applicable local, state, and federal requirements. Failure to correct any violation of any permit condition is a violation of borough code. (1) A pattern of crimes committed by residents of a permitted facility, which are determined by the planning commission to be creating an unreasonable degree of risk to public safety, may be grounds for revocation of the permit. (2) In addition to other applicable ~ penalties, failure to correct a violation of code after reasonable notice may result in revocation of the permit. (3) Upon issuance of a permit under this chapter the permittee shall provide all necessary documentation to maintain current information sufficient to demonstrate continued compliance with permit conditions. The permittee shall a7.so provide the borough the following information: (a) name, title, and 24-hour contact telephone numbers for the person(s) in charge of the operation and security of the institution or facility; (b) immediate notification of escapes; ~ Page 11 of 12 Ordinance No. 96-003(SUB)(AM) C:\Wp51\OxD\95002D.cc AM No . 9 6- 0 1 1 AM No. 96-019 ~~ (c) immediate notification of any formal notice of violation issued by a government agency indicating an unacceptable level of security exists or has been allowed to exist at the facility. (4) Authorized representatives of the borough will be allowed to inspect the permitted site and related records at reasonable times for the purpose of monitoring compliance with all permit conditions. Upon reasonable notice from the borough, the permittee shall provide necessary assistance and security to facilitate authorized inspections by borough representatives. (5) A permit may be transferred to another individual subcontractor with planning commission notification and approval. Section 6. Effective date. Ordinance Serial No. 96- 003(SUB)(AM) shall take effect upon adoption by the Matanuska- ) Susitna Borough Assembly. ADOPTED by the Matanuska-Susitna Borough Assembly this 16th day of January, 1996. ' ~~!~ - BARBARA LACHER, Borough Mayor ATTEST: (/~- S RA A. DILLON, Borough Clerk (SEAL) ~ Page 12 of 12 Ordinance No. 96-003(SUB)(AM) c:wrnsi~oxo~ssoo~c.co AM NO . 9 6- 0 1 1 AM No. 96-019 1.0 Introduction and Summary The residential area between the cities of Palmer and Wasilla in the Matanuska-Susitna Borough is one of the most populated areas in Alaska, yet it has no official name and is not a city of its own. The area is known as the borough "core area. " On January 7, 1986 the Matanuska-Susitna Borough Assembly passed Resolution No. 86-7, establishing policy guidelines for development of comprehensive plans. The policy basically provides that comprehensive planning will be conducted on acommunity-by-community basis and not on an area-wide basis. To facilitate the development of a community-based plan for the core area, the borough planning commission appointed a Citizen's Advisory Committee (CAC) to assist. Members of the CAC were appointed by the planning commission. The CAC is composed of property owners, residents, business operators, and renters from the core area. The "Core Area Comprehensive Plan" follows the existing 1970 "Borough Comprehensive Plan. " The comprehensive plan describes the land use issues, goals, areas of future probable growth, and recommendations for implementation of goals. Background research on the historic, physical, and socioeconomic characteristics as well as analysis of land use patterns and characteristics, community facilities, and transportation systems have been conducted. Those studies are contained in a separate document called "Core Area Background Studies. " The relationship of this plan to the 1970 "Borough Comprehensive Plan, " 1984 "Transportation Plan, " and 1984 "Public Facilities Plan, " as well as other state land management plans, has been examined and included where applicable in the discussions included in the land use analytical study. The relationship of the core area plan goals and the comprehensive development plans for the cities of Palmer and Wasilla has also been assessed. The goals developed for the core area are complementary to both the Palmer and Wasilla plans. The Palmer plan recommends increased economic development, continued high quality of life, continued growth of the city, improved transportation, and improved government services. The Wasilla plan has similar goals. It recommends preservation and protection of residential areas from intrusion by incompatible land uses; infilling and clustering of commercial uses; developing of land use patterns that respect the natural environment; protecting local historical resources; providing a safe, dependable, and convenient roadway and transportation system; seeking new methods for paying for local public facilities and services; and developing a capital improvement program. The primary difference between the goals in the core area plan and the Palmer and Wasilla plans is that the latter make more specific recommendations regarding what the cities should do to implement the goals. For example, both city plans recommend the use of regulatory powers to implement goals. The Palmer plan recommends land use controls such as sign ordinances, recycling guidelines for waste, and zoning. The Wasilla plan makes specific recommendations for revisions of the Wasilla Development Code to implement the plan goals. The core area plan does not include recommendations for new regulatory provisions to implement the plan since the pln/pmg/rs1195 I - 1 ensity of development in the area does not warrant them at this time. r ~ ' 4' ~ a :1 add--tk~ pk. '~; ~t~e-~€ fi~c eo' . ,~,. a r viN. a r~gatlue ~~~~~~~ these u' s i t _ ``'' s car ~ ~ hnd~~ ~br crraal~ r'ilita~itn, a,A M~` racial was~.e. rs. The core area comprehensive plan has been designed keeping in mind that the core area is comprised of a diverse group of residents with diverse interests and varied lifestyles and that there is a strong commitment to retaining this lifestyle. The plan has evolved from the issues identified through the planning process and involvement by the CAC. The goals are a result of this process. T~3~...~'~5.. ~!~s d'~-far i~>~~ep# ~e ovals` arid-thereby for ve uses.. for criminal ~~esidential uses. 2.0 Land Use Issues A variety of land use issues, specifically ground water and lake water quality, sewage disposal, traffic movement, and excessive permit requirements or restrictions, have been identified that face the core area and the planning efforts of the CAC. When addressing the land use issues in the comprehensive plan, the local attitudes towards planning in the core area were taken into consideration. The CAC generally supports long-range planning. CAC members also have a great appreciation for the individual initiative of property owners to determine the use of their land free of government restriction. The land use issues facing the core area are described below. 2.1 Water Quality/Quantity Water quality of the core area lakes and streams is viewed as very important by core area residents. However, while a specific water quality problem has not been documented, once problems are detected, remediation, especially of ground water, is very difficult and expensive. The CAC has expressed strong support for taking preventive actions, where feasible, to minimize the potential for pollution of water quality in the core area. These preventive actions include further study and analysis of the ground water and lake systems as well as encouraging public education regarding proper installation of septic systems and wells and the proper use of pesticides and fertilizers. use ~: and ne€v regulatory <provisi~s that will: ~~~. tom--~sa'tl ~~. p~ ~ted$~ ups w~;.i~lude adult oriented busmeSses~ro hoes or had#- ~.unal rehabilitation, :and conunercial «aste incinerators. i~ew ~regt~la~y _ . . _ ~.a..~,„u~,,_...__~ .A.. . j~.~,:~!~iety of land uses. t© occur as lon as sufficient conditions exist to affects on propert values, level of crime and tra> ~c. ancl~the puibliC he.~k'; t rna~ be caused-by adultoriented businesses, group hoes or half-way ~~ p.... ~r.., ,- _ . re~ia i ilanon, and commercial waste incinerators which are incompatib~e pln/pmg/rs1195 I - 3 4/9/9f - ~y of Kenai 210 Fidatga Ave. I{enai, Alaska RE: Halfway House Ordinance Dear Planning and Zoning Members: After reading a draf t of the proposed ordinance allowing hatf way houses by conditional use permit in certain zones we feet that additional standards should be included for community safety. These standards reflect existing Mat-Su and proposed Kenai Peninsula Borough ordinances. 14.20.325 HALFWAY HOUSES: {17) A "Halfway Hause" may not be located within one mile of apre-existing public or licensed private school, a are-existing licensed child or adult day care facility, or 1000 feet from a ~e-existing alcohol beverage dispensary or package store. Thank you for making our community a better place to five. ~~~p~~ P. & Karin L. Oensel ~1Z,348a~~ °~ ~ N N ~~ ~`~~ ~ SIGN IN SHEET PUBLIC HEARING-- `~ x'17 , 1996 NAME ADDRESS ~^ 2 3 I ~` - ] ~ ~:e ~~ v~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 1 \- C` ^~~ ~\ ---~ 0 m a a z a ~ ~ a a o o a M j .'~ a t74 ~ ° ~ n o D ~ o R .~'i .~ .~ ~ ~ J ~ m oqq0 Q a z ~ H o ~ ~ ~ ~ ~ oaa ~ a ~ a ° a a o ~ n a V u ~, c~ E o ~`' i m z ~ ~ o ~ a ~ aaa ~ e~c ~ aao a z a a n m ~ n ~; 0 x d a o a aaa ~ ~ C7 a pD ~ t7 ~ A ~ m oqa 0 a ~ ~ z a oa a ~ a H ~ a ~ ~ a ° n o a ~ n a 1 ;~ ~ l ~ m _ z . D a z z a a~ a N ° ~ ~ d v a o z ~ m ~ °. (~ ~ p m .~ D a o ~ ~ °~ k a ~ V m ~ ~ a ~ c l ~ R R ~F z a a n oa ~- r,.-, o ~ ~ ./ m a ~ o m a ~ aaa ~ ~ ~ aaa e~ z a o n m ~ n a z a v ~ a~ ~ s ~ 1 p 00 R d a z a ao N ZZ '.~ a Iq ~] a s ~ v a a R 0 a z z a as a N w ° H ~ a ~ a ° n o a ~ n R o m z a~ a z z a v~ a ~ ~ a ° ~ ~ a n m g ~ ~ CITY OF KENAI PLANNING AND ZONING COMMISSION ** WORK SESSION AGENDA** Council Chambers, 210 Fidalgo April 10, 1996 Work Session-6:00 p.m. Chairman Kevin Walker A. PRIME RESIDENTIAL ZONE-LAND USE TABLE CITY OF KENAI ~~ ~~ e~:~~ ~ ~a~~„ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~r ~III'~ i~z MEMORANDUM TO: Members of the Planning & Zoning Commission FROM: C Cary R. Graves, City Attorney DATE: March 20, 1996 RE: Prime Residential Zone As you know, Mr. Christian recently submitted a proposal for a single family zone called the "Prime Residential Zone." City Engineer Jack La Shot and I reviewed the proposal and have made some changes we think are appropriate. Attached is our proposed ordinance. Of course, please feel free to make any changes you feel appropriate. The new zone would require that the Land Use Table be amended to include the new zone and provide for the appropriate principal and conditional uses. If you have any questions, please feel free to give us a call or stop by here at City Hall. t!' 14.20.095 Prime Residential Zone (RP) (a) Intent. The RP Zone is intended to provide for medium density residential development that will provide a rural ambiance with higher standard residences. The specific intent is establishing this zone is: (1) To separate residential structures to an extent which will: [i] Allow for adequate light, air, and privacy; [ii] Preserve the rural, open quality of the environment; [iii) Provide for stable property values by setting higher development standards. (2) To prohibit uses which would: [i] Violate the residential character of the environment; [ii] Generate heavy traffic in predominantly residential areas. (b) Principal Permitted Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined in this chapter. (See Definitions.) (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. '~ t ~s P ^ -rineipel -asitted Ilse ' C s Caditierrl l/ae RoiEs Reiersree footnotes on follwi ro PsRes far S ^ Sewder- ilae eddiNonel resufetions. 1 Table 1 of 3 '~ '~' C RR RRl A R3 . RSl . R$2 ~~ ~ $U ~ti , C:C M CO II, x r~ R T' RP 1.nNn vsas Y ^~ b s ~.-1RES>7]BNFIAI. ,< .j~y,gx¢.? `u ~. ».r s ~i' '"~'a ~°"`? `N. ~?'a'~uF` :; " ~y,3'~~ One Family P P P P P P S S~ S2 P P p Dwelling Two Family P p P p p p s P r Dwdlulg TbreelFour Family P P P S S' Dwelling Five/Six Family Cj P P S S~ Dwelling Seven or Mae C3 Cs P S S' C Family Dwelling Townhw~ses ~ C C C Mobile Homat S Mobile Home C C ~~ 6 Plaanod Unit C C C 1Residential Development 7 ,~ .COMM81~C1A[. ~.~'I r..I/ ~S`n s Automotive Sales P P P Automotive Settrix Stations P P P ~~ P P ~~~ Seivioes P P C Hotels/Motels P P C ProfessiooalOffioes P P P P P S P ~ C° P P C C Retail/VVholesale Business P P P P C C T~ Commercial Rec>,eatioa P P P C .~ ~ 14-65 CITY OF KENAI ' tET: P * -rineipsl -er~itted IMe C • Corsfitiorrl Use IIOrEz ifeferaie• footrotes 4 • Seeendsry Use on fellwiro ppee for edditionl restrietiors. Table 2 of 3 i ` 7ANIhTG DISTRICTS ': ;~. '~= : . C RR RRI RS > RSl " RSI BU .. CC CG II. IH : R T ~y° LAND USffi ~3 `'` ' ~ ~` x ~ - ~. ~~ , ~ H ,. 1NDUS'TRIAL ":<r ~ ~. ,. Auports and P I P P Rdatod Uses Automotive Repair/ p p p Tue Recapping/ Rebuilding Gas Manufarxtue/ Cv Sponge Manufacturing/ P P Fabricating/ Assembly/Storage W~o~ P P ~ ~ , :. <;~INSIZTUiTONAL. ; _< ~ .. ~ _ ~~ , . <. Charitable Instio>tiians P P Chtaehes pip pro pip pro ~ P C. Cbn~s P P C Caileges C C C C C Flemeatary Schools C C C C C /~ ' ~C1°~, g~~ C C C C ~ High Schools C C C C C Haapitais C C C C C L'braries C12 P P P M P P P Paris and P S S S S S p p Recreation ~~ Facrhti~t C C C P C Sarritariutns C C C C C 14-66 CITY OF ICENA[ lr ITT: P ~ -riRfpsl ier~l fled Use C s Corditionl Use f ~ Seoandsry Use RQrEs Refaraie feotrotas an folloriny OsRes for sdditiorri restriction. Table 3 of 3 ' ZONING DISTRICTS': ~'~ ~` "° C RR " RRI RS : ILSl >: RSZ: BU CC GG II. ~ IH' R T 3 IAND USES ~ ~ P Animal Boarding to C C C Bed & Breaidasts C C C C C Cabin Reatals C C Cemeteries C Cremat°nes C C C C Day Care Ceaters rz C C C C C C C C Dormrtones/ P S' S ~ C Boarding Houses Essential Servitor P P P P P P P P P P P P P Farming/Gardaling/ P P P General Agriallhue GreenhouseslTree C C C C C C Nurseries t3 Assemblages is C C C C C C (Urge: Chaises, Fairs, etc.) L.odgeslFratrsnal P P C Nursing, C C P P Convalescent or Rest Homes Parking, Off-Street P P P P P P P P P P P P P Parking. Public C C C P C Lots rt ~~ Clubs P P P S C RadidTV P P P S Transmitters Rectsational Vehicle Parks C C C C C C C Social Halls P P C Subsurface Eat- C C C C C C C C C C C racoon of Natural Re70nrarS 16 Surface F_xtraarOn C C C C C C C C C C C of Natural Resources » Union Halls P P C 14-67 CITY OF KENA I ,,Nye ~. ! ~ r~ a .~ - ~ ~ ~~ N Y _ O ... ~ g O j __ ~ QL N v ~. ~ ~w~ ~ • x e ~F '~ m {T~ -.: V:. 7 ~ V ~ y 'O U .. O p • `' J ,' i.-. II H $ g ,.,;: ; ~ ZS 25 vi vi ~ a, < OJ g g > '~ r r . ~~ g ~ g ~ E- ~ , ~ ~ > ; "_ ~ 8 ~:, ~ N ~. fr ~. ~:. ® :'`` :~ ~ o N 0 O ~~' O O ~' N a r,. v `u ~~ ~ 0 ~ ~ ~ 0 ~ A ~ 3 ~ ~ ~ p._ v 3 3 a c. ~, - i l i l . I i l i o . g g ~ .y ~ ~ ~ 6 ~ U a o ~.. vs o i ! 9 ! ii it .I .i i BI it .i 61 i N < i it Y~'~' -: u ~ ~ ,~,,, ~""', `. ~ ~ ~ ~+ u 3 ~ 3 A 3 O ~ ~ T p ~ _ ~ °' ~ E E ... A 3 "" w u" ~ ~ K ci R ~ ~ .. ,~; w f]Q .Y. 0 a. U O o~ ~o ~QQ ~b N N O N d: 0 ~E OD c. 3 „ o ~~ 0 N {i..uC C ~pp .~+ ed N r N T ~ ~ H ~ u ~ eo .. u ~~ L •= 3 h 0 V N ~ N V.. ~ E . g`o ~ 3 O0 " 3 H V H Z H V ~ ..w W .:s ~~ sg ~~ ~~ s m Vl E 3 E ~ e 'c ~E agge LU- iT - E ~' 0 w ~ rn ~d,~ e~ ~ w ~~f',, ld ~ u ou .~~ V ~Qi L ~ V 3 ~'y N ~ N V ~ N w 2 T 4u N ~ .f..l V ~ A ~,(. ~ '~ M ~ 4.. ~ .'•~ ~ ld >. L W ti T u v fn v w .~~ u C C .~ s :v v u •c 0 0 3 V O O H L W N N ., a O U wow Q1 ~ii ~D h N