HomeMy WebLinkAbout1999-03-24 p&z packetCITY OF KENAI
~} PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
March 24,1999 - 7:00 p.m.
http a/www.ci.kenai.ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: March 10, 1999
d. Consent Agenda
*All items listed with an asterisk (*} are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS:
5. NEW BUSINESS:
a. Discussion--Determination if lands required for public purpose -Lot 3, Block 2, Salty
Dog Heights Subdivision, Part 1; Lot 6, Block 1, Salty Dog Heights Subdivision, Part 2;
Lots 2-5, Block 1, Salty Dog Heights Subdivision, Part 7
b. Discussion/Schedule Public Hearing -Building Setbacks -Administrative Exemptions
6. OLD BUSINESS:
7. CODE ENFORCEMENT:
$. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
14. INFORMATION ITEMS:
a. Ordinance No. 1813-99
b. KPB Administrative Approval -Grace Brethren Replat No. 2
c. Letter from KPB regarding Habitat Acres Addition No. 1 extension
d. KPB Notice of Planning Commission Action of 318199
j e. Public Notice of Application for Permit
£ "Zoning Bulletin" Volume 47--February 25, 1994
Planning & Zoning Commission
Agenda
11. COMMISSION COMMENTS & QUESTIONS:
Page 2
March 24, 1999
12. ADJOURNMENT:
~~ CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
March 10, 1999 - 7:00 p.m.
http:lhvww.ci.kenai.ak. us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: February 24,1999
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these items
unless a Commission Member so requests, in which case the item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda as part of the General Orders.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS:
a. FZ99-06--Conditional Use Permit -Storage Yard {Continued from February 24, 1999 Meeting) -
for the property described as appraximately 1801 Cone Avenue. {Described by the legal
description KN TOSN Rl l W S02 BEGINNING AT S1/4 CORNER OF SEC 2 TH WEST 990 FT
TH NORTH 330 FT TO THE POB TH NORTH 330 FT TH WEST 660 FT TH SOUTH 330 FT
TH EAST 660 FT TO THE POB.} Application submitted by Beaver Loop Partnership, Warren H.
Polsky, Partnership Manager, 4150 Vista Court, Anchorage, Alaska 99508.
5. NEW BUSINESS:
a. *PZ99-07--Home Occupation Permit -Daycare--Application submitted by Deborah M. Nyquist,
P.O. Box 1821, Kenai, Alaska, for the property described as Lot 5, Blvck 3, Deepwood Park
Subdivision { 110 Deepwaad Court).
b. Ordinance Donating High School Property to Kenai Peninsula Boraugh -Discussion
6. OLD BUSINESS:
7. CODE ENFORCEMENT:
8. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
10. INFORMATION ITEMS:
a. "Zoning Bulletin" Volume 47--February 10, 1999
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
REGULAR MEETING OF THE CITY OF KENAI
PLANNING & ZONING COMMISSION
MARCH 10, 1999 - 7:00 P.M.
KENAI CITY HALL
CHAIRMAN CARL CLICK, PRESIDING
*** MINUTES ***
1. CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.rn.
a. Roll Call
Members Present: Ron Goecke, Donald Erwin, Barb Nord, Carl Glick,
Phil Bryson
Members Absent: Robert Newbry
Also Present: Councilman Duane Bannock, Jack LaShot, Contract
Secretary CaSandra Duniphin
b. Agenda Approval
GOECKE MOVED TO APPROVE THE AGENDA WITH THE
ADDITION OF THE HAND OUT WARREN POLSKY LETTER
REGARDING ITEM 4A~ AND BRYSON SECONDED. THE
AGENDA WAS UNANIMOUSLY APPROVED AS AMENDED.
c. Approval of Minutes: February 24, 1999
GOECKE MOVED TO APPROVE THE MINUTES OF THE
MEETING OF FEBRUARY 24, 1999 AND ASKED FOR
UNANIMOUS CONSENT. BRYSON SECONDED. MINUTES
WERE UNANIMOUSLY APPROVED AS WRITTEN.
d. Approval of Consent Agenda:
BRYSON MOVED TO APPROVE CONSENT AGENDA, GOECKE
SECONDED. CONSENT AGENDA WAS UNANIMOUSLY
APPROVED.
2. SCHEDULED PUBLIC COMMENT -None
3. CONSIDERATION OF PLATS -None
4. PUBLIC HEARINGS
PLANNING & ZONING COMMISSION MEETING
MARCH 10, 1999
PAGE 1
a. PZ99-06 -Conditional Use Permit -Storage Yard (Continued
from February 24, 1999 Meeting) -For the property described
as approximately 1$01 Cone Avenue. (Described by the legal
description KN T05N R 11 W S02 Beginning at S 1 /4 Corner of SEC
2 TH West 990 FT TH North 330 FT to the POB TH North 330 Ft
TH West 560 FT TH South 330 FT TH East 650 FT to the POB.)
Application submitted by Beaver Loop Partnership, Warren H.
Polsky, Partnership Manager, ~ 150 Vista Court, Anchorage, AK
9950$.
Discussion
Goecke requested additional information from La Shot. Glick read
a letter received from Warren Polsky, BLP Inc. (hand out).
La Shot recommended those present be allowed to speak even
though Polsky was not present. He also requested the applicant's
request to continue the hearing at a later date be granted.
Bryson reminded the Commission the Last meeting was now
public information and only new information could be brought
before the Commission during this meeting.
Public Comment
Natalie Kohler, 4350 Beaver Loop Rd., Kenai, Alaska. Kohler
stated she wanted the record to show how many people were here
from Beaver Loop and were against the Conditional Use Permit.
Glick asked all citizens present from Beaver Loop to come forward
and state their name and indicate i£ they were for or against.
Laura Sievert, 3329 Beaver Loop Rd., Kenai, Alaska. Stated
that she was against this and a little concerned the Commission
seemed almost ready to grant the permit at the last meeting
without further water and soil testing. She expressed her concern
the Commission was putting the interests of the partnership
above the interests of the environmental quality of the City of
Kenai. She also expressed concern the area was currently zoned
residential and felt the interests of the property owners, their
property values, and quality of life were not being adequately
considered.
Nolaa T. Compton, 2785 Beaver Loop Rd., Kenai, Alaska.
Stated he hadn't seen the public record of the February 24, 1999
meeting because he had been out of state. He added, he felt a lot
of people have been doing all kinds of things on that property for a
long time and their attitude is they can just go ahead and do it
Planning & Zoning Commission Meeting
March 10, 1999
Page 2
and get a zoning permit or a conditional use permit later.
Compton added, he would like to see the Commission take that
into consideration and make people conform to rules and
regulations within the City. He also requested the Commission to
put their foot down and came to a decision and make people apply
for a permit before they do things instead of letting them say, "I~e
been there, now I want a permit."
Discussion
Bryson asked if the application needed to be re-advertised as a
public hearing separate from the agenda if the public hearing
were to be continued. Glick stated he thought the Commission
had had two nights of public hearing and that another public
hearing was not required, but at the same time another public
hearing would probably have to be held to hear the applicant's
opinion.
Bryson suggested the Commissioners could address questions to
the applicant through the Chairman so that answers could be
received from the applicant prior to the next meeting, thus saving
money required to announce another public hearing.
La Shot stated if the hearing was continued it would be advertised
with the regular agenda and another separate mailing would not
occur.
BRYSON MOVED TO CONTINUE THE PUBLIC HEARING AND
ACTION ON THIS PERMIT TO THE MEETING ON APRIL 28,
1999. ERWIN SECONDED.
Vote
Newbry Absent Goecke Yes
Erwin Yes Bryson Yes
Nord Yes Glick Yes
MOTION PASSED UNANIMOUSLY.
5. NEW BUSINESS
a. *PZ99-07 -Home Occupation Permit - Daycare w Application
submitted by Deborah M. Nyquist, P.O. Box 1821, Kenai,
Alaska, for the property described as Lot 5 Block 3, Deepwood
Park Subdirrision (110 Deepwood Court).
Item approved by Consent Agenda.
Planning & Zoning Commission Meeting
March 10, 1999
Page 3
~~ b. Ordinance Donating High School Property to Kenai Peninsula
Borough.
Discussion
Glick asked La Shot if this was for the Commission's information
and not an action item. La Shot answered affirmatively and
offered to answer any further questions the Commission may
have. Bryson stated he thought this was a housekeeping
measure that should have been done a long time ago
6. OLD BUSINESS -None
7. CODE ENFORCEMENT -None
8. REPORTS
a. City Council
Councilman Bannock stated Item C-2 had come to the
Commission through the Planning and Zoning Commission.
Actiom. on this was tabled because the building inspector was
unavailable and the ordinance would be reviewed again at the
March 17, 1999 meeting. Bannock noted there were no changes
to the document from this Commission.
Item C-3 -The old tanker truck from the City of Kenai's Fire
Department was donated to the Kenai Peninsula Fire Chiefs'
Association, who intend to move it to the Fire Training Facility. It
will be used and housed there.
Item C-4 -The Challenger Facility and Multi-Purpose Arena -the
Council is finishing up the details on the transfer of the parcel.
Borough Planning
Commissioner Bryson reported there was a meeting on March 8.
The Consent Agenda was approved as submitted without change.
Among the action items were:
1. Plat Waiver -George and Alice Johnson -approved.
2. Time Extension -Habitat Acres, City of Kenai, Kenai
Administration had no objection -approved.
3. Resolution Establishing Fees for Material Site Permits --
approved.
4. Mod cations for Swift Water Campground ~ approved.
c. Administration
Planning 8s Zoning Commission Meeting
March 10, 1999
Page 4
La Shot reported the Cunningham Park Bank Restoration and
Boardwalk and Challenger/Multi-Purpose Facility request £or bids
had been sent out.
9. PERSONS PRESENT NOT SCHEDULED -None
10. INFORMATION ITEMS
a. "Zoning Bulletin" Volume 47 -February 10, 1999.
11. COMMISSIONERS' COMMENTS UESTIONS -None
12. ADJOURNMENT
ER~VIN MOVED TO ADJOURN. MEETING ADJOURNED 7:23 P.M.
Respect#'ully submitted,
CaSandra Duniphin
Contract Secretary
Planning & Zoning Commission Meeting
March 10, 1999
Page 5
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CITY OF KENA1
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TELEPHONE 907-283-7535
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1992
Memorandum
Date: March 9, 1999
To: Kenai Planning and Zoning Commission
From: Kim Howard, Administrative Assistant ~~
RE: Lot 3, Block 2, Salty Dog Heights Subdivision, Part 1
Lot 6, Block 1, Salty Dog Heights Subdivision, Part 2
Lots 2-5, Block 1, Salty Dog Heights Subdivision, Part 7
The City has acquired title to the above referenced properties in 1998
through bankruptcy proceedings. The properties are located in Sterling,
and are accessible from Scout Lake Loop Road. Maps of the area are
attached.
KMC 22.05.010 states, "Disposal or sale of lands shall be made only
when, in the judgment of the City Council, such lands are not required
for public use."
Sale would be by competitive bid at not less than the fair market value.
Please review the maps and make a recommendation as to whether the
parcels are needed for a public purpose or whether they should be sold.
Your recommendation will be passed on to the Council and an ordinance
prepared for introduction at the April 7~ meeting.
Attachments
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MEMO:
CITY 4F KENAI
21D FIDAL00 AVE., SUITE 2D8 KENAI, ALASKA 99611-7794
TELEPHONE 907.283-7535
FAX 907-283-3014
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TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning & Zoning Administration
DATE: March 19, 1999
SUBJECT: SETBACKS -ADMINISTRATIVE EXEMPTIONS
At your February 5, 1999 meeting administrative exemptions for setbacks was discussed.
At that meeting, the Commission discussed this option and noted that the Commission
had requested a similar change in 1998. Ms. Nord asked for copies of the Council's
minutes from the meeting wherein the exemption was discussed by Council. Attached is
a copy of that portion of the Council's nninutes from their July 1, 1998 meeting.
At the culmination of the discussion on exemptions, it was decided that the Commission
would review this option, with the Building Official's input, at the March 24, 1999
meeting. At the March 3, 1999 Council meeting, this topic was discussed. Attached is a
copy of that section of the Council's minutes.
At Council's request, Ordinance No. 1817-99 and Ordinance 1818-99 have been
prepared. These ordinances were prepared by the City Attorney after conferring with the
Building Official and Planning Administration. Copies of these ordinances are attached.
The Council has scheduled a public hearing on these ordinances for Apri121, 1999.
The Planning Commission should review these ordinances. If you have suggested
changes, they should be discussed. Any suggested changes could be provided to the City
Attorney. A public hearing will be scheduled for the Planning Commission meeting of
April 10, 1999.
Attachments:
a. July 1, 1998 Council Meeting Minutes (Excerpt)
b. February 5, 1999 Memo to Commission
c. March 3, 1999 Council Meeting Minutes (Excerpt}
d. Ordinance No. 1817-99
e. Ordinance No. 1815-99
f. Variance/Encroachment Query (1494-1998}
EXERPTS FROM 7/1198 COUNCIL MEETING MINUTES:
C-2, Ordinance No.1787-98 -- Replacing the Current Kenai Municipal
Code Development Requirements Table, Its Footnotes and Addendum.
MOTION:
Councilman Smalley MOVED for the adoption of Ordinance No. 1787-98 and
Councilman Measles SECONDED the motion.
There were no public comments. Swarner questioned the "Administrative Exceptions"
where it states, "The administrative official may reduce setback requirements up to ten
(10) percent based on submittal of a plot plan or an as-built survey." Councilman
Smalley explained it was included as an addition to the ordinance because there are some
setbacks that are very small which could be dealt with in house. This could speed up the
process and could be a cost-saver to the city. The request for this type of setback would
still be brought to the Commission for their information and if they objected to it, the
Commission could then consider it.
Swarner stated she understood the suggested inclusion of the exemption, however asked
why have the rules if the request can be placed on the Commission's consent agenda.
Smalley explained the Commission discussed the same question. Swarner asked how
many times a year this happens. City Engineer La Shot answered probably five to six
times. The greatest variance seen is a 15 ft. setback at I0% would be 11/z feet.
Smalley added, if P&Z objected to the variance, it could be brought forward to them for
discussion. Smalley noted, the remaining portion of the ordinance document is to clarify
issues that had been confusing, i.e. footnotes, etc. Smalley continued, the only abjection
stated to the Commission from the public was for the allowance of tri-plexes in RR-1
zones.
MOTION:
Councilwoman Swarner MOVED to delete the section, "Administrative Exemptions."
Councilman Moore SECONDED the motion.
Williams explained the deletion would remove the discussion of the administrative
exemptions from the third whereas in the body of the ordinance, as well as the
"Administrative Exemptions" paragraph on the Addendum.
Moore noted, a person could still request a setback variance and as long as it was ten
percent or less, administration could approve it and it would be placed on the
Commission's consent agenda. Moore asked if then the maximum setback variance in
the City of Kenai would be 1 % feet. La Shot answered yes. Smalley added, that could be
done administratively.
~ Councilman Measles asked Attorney Graves if a change in a setback requirement must be
done in a public hearing format, wouldn't this take the consideration out of the public
hearing realm. Graves answered the limited ten percent administrative variance would
not be ordinarily done by public hearing unless it was removed from the consent agenda
and then re-noticed as a public hearing.
Measles stated, it would have to be removed from the consent agenda and then taken up
at another meeting because as a consent agenda item it would not be in the public hearing
section of the agenda. Smalley noted that was correct and the Commission would then
have to set the item for a public hearing. Graves agreed and stated, if there were public
concerns, the item would need to be removed from the consent agenda and set for the
next meeting after giving notice.
Measles stated, in the current system, even if the request is for asix-inch variance, the
matter is set for public hearing and notices are given to adjacent property owners. The
exemption would bypass that notice to property owners, even though it is a small change.
Graves agreed.
Williams stated, his only problem in placing this responsibility to administration is that it
would take away the responsibility from the elected and appointed officials. Measles
asked if the Commission requested the change. La Shot explained the Building Official
brought it from another code. He added, the intent was to take care of minor setback
problems and save time. However, during the process, the portion referring to adding the
matter an to the consent agenda was put in place. La Shot added, there is still the
potential of a two to three-week delay in issuing a building permit or certificate of
occupancy.
Moore noted, the delay would only come about if the property owner were not in
compliance with the existing setback conformance. Williams added, if they are not in
compliance, it would require other people affected by the noncompliance be notified.
La Shot added, the intent of the addition was to speed up the minor infraction, i.e. if
someone poured footings and the as-built didn't consider the addition of siding, it
sometimes pushes the setback out in a very minor way. La Shot suggested council delete
the entire "Administrative Exemptions" if they had problems with that portion of the
change.
Measles asked, what would be the longest delay in occupancy caused by the ordinance as
it is presently? La Shot answered, a public hearing is required and depending on the
meeting schedule, it could be two to three weeks.
Smalley noted, the Commission had long discussions about the notification issue and felt
they wanted to make sure neighbors on either side of a variance request be notified. The
Building Official spoke to it and noted it was doubtful there have been any objections
voiced, if the change was in place, to minor variances which had been approved in the
past.
Swarner stated she was concerned about a person building knowing they could get an
automatic ten percent exemption. It would be automatic if it was put on a consent agenda
and not removed by the Commission. If that would be done, the same amount of time
would be involved or longer.
Measles stated his concern was not the accidental three-inch variance. It is when a 15'
setback is required and with this automatic exemption, a person could intentionally build
a house three feet wider than allowed. Rass noted, in that case the building plans and
plot plans would not have been filed accurately. The only way one could do that would
be with a plot plan they didn't follow and a set of building plans they didn't follow. At
that point, administration would not put it through on a consent agenda.
Smalley referred to the Commission minutes and noted their discussion was about 50150
for the addition. He suggested council could remove that portion of the ordinance by
passing Swarner's amendment or table the ordinance and request the Building Official to
come before council and discuss the matter.
VOTE ON AMENDMENT:
Swarner: Yes Moore: Yes
Bannock: Absent Smalley: Yes
Bookey: Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
Swarner: Yes
Bannock. Absent
Bookey: Yes
Moore: Yes
Smalley: Yes
Measles: Yes
Williams: Yes
Measles: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
~~
CITY QF KENAI
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210 FIDALGO AVE., 5UiTE 200 KENAI, gI.ASKA 99611-7794
TE~.EPNONE 907.293-7535
FAX 407-2833014 i~
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MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning & Zoning Administration~~
DATE: February 5, 1999
SUBJECT: SETBACKS -ADMINISTRATIVE EXEMPTIONS
Bob Springer, Building Official, would like the Commission to reconsider a possible
code change for administrative exemptions for setback requirements. In June 199$, the
Commission passed a resolution amending the Development Requirements Table, which
included an administrative exemption. The Council passed an ordinance adopting the
new Development Requirements Table but removed the exemption.
Mr. Springer has drafted an amendment and would like the Commission's input as to
whether they feel it is appropriate to hold a public hearing and attempt to amend Title 14.
The suggested draft is,
ADMINISTRATIVE EXEMPTIONS:
Setbacks:
The administrative official,mav reduce setback requirements up to twelve
1( 2) inches after submittal of a.plot plan or,-an as-built survey stamped by,a state
registered Iand surveyor and investi~on and finding that the resulting.,lesser
setback would meet the puroose of the standards This exemption would not
apply to variances and encroachments oreviousl~granted by_the Planning and
Zonin Commission.
A review of the past year's activity shows that there was only one case wherein this
exemption would have applied. This was PZ98-63, which was for 1.2".
Does the Commission fcei it appropriate to consider drafting an amendment for
administrative exemptions?
KENAI COUNCIL MEETING MINUTES
MARCH 3, 1999
PAGE 3
h. Administrative Exemption to Setback Requirements -- Williams
noted, Ordinance No. 1813-99 had been tabled. He noted, an ordinance failed a few
months prior having to do with an exemption for variances. Williams reported, he
had requested administration to draft an ordinance to allow for administrative
exemption for setback requirements. He noted, he had received a complaint from a
person who had to return to the Planning & Zoning Commission for an
encroachment after already receiving a variance from the Commission. To do this
will cost an additional fee and could slow the process of closing on the property.
Williams added, because there are times there are minimal encroachments that
could be handled administratively, he had requested administration develop an
ordinance to give administrative authority to waive any encroachment up to a
maximum of 12" overall.
Councilman Bannock stated he would support the suggestion in theory, but
requested the proposed document begin at the Planning & Zoning Commission for
their recommendations or amendments because it had been discussed at length by
the Commission in the past and because it would mean a change to Title 14.
Swarner requested to have a history of encroachments attached to the proposed
ordinance, noting sizes of encroachments, how many below 12", etc. since the late
1980's. Williams noted he has an encroachment on his property which he discovered
when he applied for a building permit for an addition to his home. After having a
survey of his property taken, it was a discovered his garage is encroaching by three
inches.
ITEM C: PUBLIC HEARINGS
C-3. Resolution No. 98-84 -- Declaring the Following Engine Surplus and
Donating it to the Kenai Peninsula Fire Chiefs Association. (Postponed
on 12 / 2 / 98 to Time Certain on 3 / 3 / 99. J
(Moved during Agenda Approval).
MOTION:
Councilwoman Swarner MOVED for adoption of Resolution No. 98-84 and
Councilman Bannock SECONDED the motion.
There were no public comments. Councilman Bookey stated he had requested this
resolution be tabled in order to acquire additional information on the engine. Since
then, he added, he did further research and reported he would concur with Chief
Elson and City Manager Ross that the truck should not go back into the community
as afirst-respond truck. Bookey added, he would support the motion to donate the
truck to the Kenai Peninsula Fire Chiefs Association and wish them luck.
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 1817-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, amending KMC
14.20.185 by adding a section which would provide far an administrative exemption for
encroachments of up to a total of twelve (12) inches.
WHEREAS, currently any request for an encroachment permit requires the application
to go through a public hearing process before the Planning 8s Zoning Commission; and
WHEREAS, that process can be unduly burdensome for applicants who request a
permit far a small encroachment; and
WHEREAS, permits for encroachments of not more than a total of twelve (12) inches
could be exempted administratively without violating the intent of KMC 14.20.185
provided the review criteria set forth in KMC 14.20.185(d){1)-{4) are followed;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.1$5 is amended by adding the following section:
(i) Administrative Exemption. The Administrative Official may
grant an encroachment permit without a public hearing if the
total encroachment, inclusive of all front, rear and side
setbacks, does not exceed twelve (12) inches, and provided the
Administrative Official finds that the review criteria in KMC
14.20.185{d) are met.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day ofApril,
1999.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
April 7, 1999
Apri121, 1999
May 21, 1999
1 {3/ 18/99 sp)
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 1818-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, amending the
Development Requirements Table by adding a provision for an administrative exemption
far a reduction of up to a total of twelve (12) inches from the setback requirements.
WHEREAS, currently any request for a reduction in the setback requirements
contained in the Development Requirements Table requires the applicant to go through
the variance; and
WHEREAS, the variance process can be unduly burdensome for applicants who
request a small variation from the setback requirements; and
WHEREAS, variances of a total of twelve (12) inches or less could be done
administratively without violating the intent or purpose of the development
requirement standards;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Development Requirements Table is hereby amended by adding the
following section to the Addendum to Development Requirements Table:
Administrative Exemptions:
The Administrative Official ma reduce setback re uirements
u to a total of twelve 12 inches inclusive of all front rear,
and side setbacks, after submittal of a plat plan or an as-built
surve stare ed b a state re 'stered land surve or if the
Administrative Official, finds that;, thy,,, resulting lesser setback
would meet the ur ose of the standards set forth in the
Development Requirements Table,.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
1999.
ATTEST:
Carol L. Freas, City Clerk
day ofApril,
John J. Williams, Mayor
Introduced:
Adopted:
Effective:
April 7, 1999
Apri121, 1999
May 21, 1999
(3/ 18/99 sp)
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
MARCH 17, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*j are considered to be routine and
nan-controversial by the Council and will be approved by one motion.
There will be no separate discussion of these items unless a Council
Member sa requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: PUBLIC HEARINGS
1. Ordinance No. 1813-99 -- Amending Title 4 of the Kenai Municipal
Code, Entitled "Uniform Building Codes," to Adapt and Incorporate by
Reference Therein the 1997 Editions of the Uniform Building Code, the
Uniform Building Security Code, the Uniform Code for Abatement of
~°~°'~a'• Dangerous Buildings, the Uniform Sign Code, the Uniform Mechanical
Code, the Uniform Plumbing Code, and the 1999 National Electrical
Code.
a. Remove from table.
b. Consideration of ordinance.
2. Ordinance No. 1814-99 -- Appropriating $4,000 for Improvements at
~a.~5~i~~ Cunningham Park.
r~~ u~ ~ a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
~d ~ --0 c. Motion for Adoption
p~~ u.
3. Resolution No. 99-I2 -- Transferring X1,750 in the Airport Land
~~ Special Revenue F~Znd for Increased Communication Costs.
l%Q-aaes~ ~C-
-1-
'~"'6~'" " "4. Resolution No. 99-13 -- Approving a Contract to Peninsula
~~~ ~ Construction, Inc. for the Project Entitled Cunningham Park Habitat
Restoration & Site Improvements for the Total Amount of $103,947.50
Which Includes Only the Basic Bid.
/~~ ~, 5. Resolution No. 99-14 -- Supporting S. 25, The Conservation and
/" Reinvestment Act of 1999.
ITEM D: COMMISSION/COMMITTEE REPORTS
i . Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8s Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors 8~ Convention Bureau Board
d. Alaska Municipal League Report
ITEM E• MINUTES
1. *Special Meeting of January 26, 1999.
2. *Special Meeting of January 28, 1999.
3. *Regular Meeting of March 3, 1999.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
,4~~p,~,r-,~ 1. Bills to be Paid, Bills to be Ratified
,q~p,-r7/-C~ 2. Purchase Orders Exceeding $2,500
~~~~' 3. Approval -- Memorandum of Agreement Between the City of Kenai and
the Alaska Challenger Center far Space Science Technology, Inc.
~p~,~d 4. Approval -- Assignment of Lease/Kenai Municipal Airport Restaurant
from Don A. Middleton to Susan and Gary Schnelting.
-2-
`~ ~ ~~ Discussion -- Kenai Coastal Trail Reconnaissance Study (Kenai Biuff
~~ Erosion Study) -- Nottingham, Peratrovich & Drage, Inc.
ITEM I: ADMINISTRATION REPORTS
1, Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
ITEM J: DISCUSSION
1. Citizens ~fve xninutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM K•
-3-
~` ~ ~
KENAI PENINSULA BOROUGH PLAT COMMITTEE
PLANNING DEPARTMENT
BOROUGH ADMINISTRATION BUILDING
944 NORTH BINKLEY
SOLDOTNA, ALASKA
March 22, 1999 5:30 P.M.
REC~IV~D
MAR 1 ? ~cj
'L4fVA~rir~ °~ K~Nar
Tentative Agenda
Members:
Peggy Boscacci
Sefdovia City
Term Expires 2000
Ellis Hensiey
Nikiski
Term Expires 1999
Brent Johnson
Kasilof Area
Term Expires 2000
Ann Whitmore-Painter
Moase Pass Area
Term Expires 2000
ALTERNATES:
Phiiip Bryson
Kenai City
Term Expires 2001
Robert Clutts
Anchor Pofnt
Term Expires 2007
Leroy Gannaway
Homer City
Term Expires 2041
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND
MINUTES
1. Agenda
2. MemberlAlternate Excused Absences
a. No excused absences requested.
3. Minutes
a. March 8, 1999
D. CONSIDERATION OF PLATS
1. Dahler SID Bear Mountain Village Addition
Jim Dahler Road; Preliminary
Swan 5urveyinglDutcher
KPB Fife 99-036
2. Stanley's Meadow Vikki's Replat
west of Faiis Creek; Preliminary
Mullikin Surveys/Jones
KPB Fife 99-037
3. Winding Trails Two; Kachemak City
Revised Preliminary; Seabright SurveyinglCaikins
KPB Fife 99-015
4. Winding Trails One; Kachemak City
Preliminary; Seabright SurveyinglCalkins
KPB Fife 99-038
5. Calhoun Stree# R/VII Dedication; Homer City
Preliminary; Seabright SurveyinglHornaday
KPB File 99-a39
E. ADJOURNMENT
The next regularly scheduled Plat Committee meeting is April 12, 1999 at
5:30 p.m. in the Planning Department (top floor), Borough Administration
Building, 144 North Binkley, Soldotna.
z
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH ASSEMBLY CHAMBERS
144 NORTH BINKLEY
SOLDOTNA,ALASKA
March 22, I999 7:30 P.M.
Tentative Agenda
A.
B.
John Hammelman
Chairman
Areawide C•
Term Expires 1999
Philip Bryson
Vice Chairman
Kenai City
Term Expires 200!
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Term Expires 2000
Peggy G. Hascacci
PC Member
5eldovia City
Term Expires 2000
Wayne Carpenter
PC Member
Seward City
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 2D01
Wes Coleman
PC Member
Soldotna City
Term Expires 1994
t.eroy Gannaway
PC Member
Hamer City
Term Expires 2001
Ellis Hensley, Jr.
PC Member
Nikiski
TermExpires ]999
Brent .lohnson
PC Member
Kasilof Area
Term Expires 2000
Jim Skogstad
J PC Member
Hope
Term Expires 2001
CALL TO ORDER
ROLL CALL
~C~I~~D
~R ~ ~ ~~
C! ry
._ r
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 ofthese items unless a Planning
Commissioner or someone from the public so requests, in whiclo 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.
Time Extension Requests
a. El Rancho Costa Plente'
Location: Sterling Highway approximately % mile west
of Moose Range Boundary
KPB File 98-032 Swan Surveying]
2. Plats Granted Administrative Approval
Plats Granted Approval Under 20.04.070 -None
4. Plat Amendment Requests
a. Record of Survey Plat 98-$0 RS
Plat 9S-$0 RS Kenai Recording District
Location: Cook Inlet; North Kenai
KPB File 99-035
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews -None
b, Conclusive Consistency Determinations Received from
DGC
{
c. Administrative Determinations `
`` 6. KPBPC Resolutions -None
,~-•-- r ~ - ~1
`,7. Commissioner Excused Absences
,~
a. No excused absences requested.
8. Minutes
a. Mazch 8, 1999 Plat Committee Minutes
b. March 8, 1999 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
1. Public Hearing; Vacate the full~width of the 33 foot wide roadway
and utility easement as shown on the plat of Marysville Too (Plat
86-93 Homer Recording District); and, further described in the
federal patent. Location: Anchor Point area; within the westerly
33 feet of Marysville Too Subdivision is located within Sectian 4,
Township 5 South, Range 15 West, Seward Meridian, Alaska;
KPB File 98-250; Carried forward from 12/14/98 and January 26,
1999
F. PUBLIC HEARINGS
1. Vacate that portion of the 33 foot wide section line easement lying
within the southerly 33 feet of Lat 7, Ness Subdivision 1985
Addition {Plat 86-193}and Iying within the southerly 33 feet of an
unsubdivided parcel lying between said Lat 7 and Government Lot
21; Location: Kasilof area; all within Section 25, Township 4
North, Range 12 West, Seward Meridian, Alaska; KPB File 99-034
2. Vacate the entire of the fib foot section line easement lying within
Lot 8, C & H Estates (Plat 80-23 HRD); Location: north of
Kachemak City; within Sectian 31, Township S South, and Section
6, Township 6 South; all within Range 12 West, Seward Meridian,
Alaska; KPB Fiie 99-033
3. Ordinance 99-17: Authorizing the Borough's Acquisition of Land
off the North Fork Road in Anchor Point, Alaska in Exchange for
Granting a Lot Adjacent to the Hamer Bailing Facility Near
2
Homer, Alaska to Clif Shafer
.' ~ G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS
1. Correcting an incorrect plat note wording to correspond with
proper easement designation; Byington Homestead Subdivision
1996 Addition -Plat 96-37 Homer Recording District and
Byington Homestead Subdivision 1998 Addition -Plat 98-65
Homer Recording District; KPB PC Resolution 99-09;
Location: Kasilof River and White Water Way and Poilazd Street.
KPB File 99-01$
2. Request to not require a note on plat; Questa woods Estates No. 3;
Location: North of Seward; KPB File 97-273 -requested by JB
Woods, Subdivider
3. Time Extension Request and Exception to 2D.14; Voznesenka Too;
Location: End of East End Road; KPB File 90-064 -requested
by Anderson Development Consultants
I. CONSIDERATION OF PLATS
~ 1. Five plats are scheduled to be reviewed by the Flat Committee.
J. KENAI RIVER HABITAT PROTECTION {KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
1. Choose new Flat Committee. New members will serve April,
May, and June.
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
1. Proposed meeting 1999 date for the Seward area.
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
1. Permit Application for a Sand, Gravel or Material Site; Anchor
3
Paint; Clif Shafer, carried forward from June 8, 1998.
Postponed until the Coastal Management Program consistency
review is re-started and concluded.
2. Proposed Residential and Preservation reclassification of borough
land located in the Cooper Landing area described as Tracts B
through N, Sunrise View Subdivision (preliminary plat) and a
portion lying within the S1/z of Section 25, TSN, R3 W, S.M.,
Alaska, pursuant to KPB Code of Ordinances, Chapter i 7.10.080;
carried forward from December 14, 1998.
Postponed until brought back to the Commission by staff.
3. Public Hearing; Ordinance 99-01 Enacting Chapter 21.30
Providing for the Creation of a Residential Subdivision District
Regulating Commercial and Industrial Uses Composed of AlI
Residential Subdivision Districts in the Borough Outside of Hame
Rule and First Class Cities; carried forward from January 11, 1999
and February 22, 1999
Postponed until brought back to the Commission by staff.
4. Public Hearing; Ordinance 99-02 Re-enacting Definitions in
Individual Chapters of Title 21 and Adapting a Single Chapter of
Uniform Definitions for Title 21; carried forward from January 11,
1999 and February 22, 1999.
Postponed until brought back to the Commission by staff.
5. Naming an Unnamed Private Road to Taxidermy Road, within
Section 32, TSS, R14W, S.M. Unnamed road is located 1,700 feet
west of the intersection of the Old Sterling Highway and the
Sterling Highway, south of Anchor Point; carried forward from
January 26, 1999.
Postponed until brought back to the Commission by staff
b. Ordinance 99-10: Amending KPB Chapter 21.02 to Provide for an
Ex Officio Nonvoting Member from the City of Hamer Advisory
Planning Commission to Sit on the Kachemak Bay Advisory
Planning Commission; carried forward from February 22, 1999.
Postponed until comments are received from the City of
Homer.
Q. ADJOURNMENT
PLAT COMMITTEE
The Plat Committee will meet at 5:30 p.m. an March 22, 1999 in the Planning
Department (top floor), Borough Administration Building, 144 North Binkley,
Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled Plat Committee meeting is April 12, 1999 at 5:30
p.m., Planning Department (top floor), Borough Administration Building, 144
North Binkley, Soldotna.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is April 12, 1999 at
7:30 p.m. in the Borough Assembly Chambers, 144 North Binkley, Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Anchor Point Advisory Planning Commission March 9, 1999 Minutes
2. Soldotna Planning & Zoning Commission March 3, 1999 Minutes
3. AML Legislative Bulletin #21-03 March 5, 1999
4. Kachemak Bay Advisory Planning Commission March 18, 1999Agenda
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fax: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
OTHER MEETINGS
Kachemak Bay Advisory Planning Commission March 18
Cooper Landing Advisory Planning Commission March 18
Kachemak Bay Advisory Planning Conunission April I
Funny River Advisory Planning Commission April 6
Moose Pass Advisory Planning Commission Apri17
Anchor Point Advisory Planning Commission April 13
Cooper Landing Advisory Planning Commission April 1 S
Kachemak Bay Advisory Planning Commission April 1 S
Iba
Suggested by: Building Official
CITY OF KENAI
ORDINANCE NO. 1813-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE
4 OF't THE KENAI MUNICIPAL CODE, ENTITLED "UNIFORM BUILDING CODES," TO
ADOPT AND INCORPORATE BY REFERENCE THEREIN THE 1997 EDITIONS OF THE
UNIFORM BUILDING CODE, THE UNIFORM BUILDING SECURITY CODE, THE UNIFORM
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM SIGN CODE, THE
UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE, AND THE 1999
NATIONAL ELECTRICAL CODE.
WHEREAS, the City of Kenai has been operating on 1993 and 1994 building codes; and
WHEREAS, the International Conference of Building Officials, the International
Association of Plumbing and Mechanical Officials, and the National Fire Protection
Association have updated the codes promulgated by them; and
WHEREAS, it would be most beneficial and in the best interest of the City if the latest
codes were adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT the 1997 editions of the Uniform Building Code, the Uniform Building
Security Code, the Uniform Code for Abatement of Dangerous Buildings, the Uniform Sign
Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the 1999 National
Electrical Code as amended by the City of Kenai, Alaska, are adopted by reference and
incorporated in the Kenai Municipal Code, Title 4, as stated in Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
1999. ~~ ~
day of March,
,.
//I,GC~
ATTEST:
,~
Carol L. Freas, ity Clerk
ohri J
Introduced:
Adopted:
Effective:
Mayor
February 17, 1999
March 17, 1999
April 3, 1999
TITLE 4
UNIFORM CODES
Chapter 4.05 UNIFORM BUILDING CODES
4.05.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulations far the
construction, alteration, removal, demolition, equipment, use and occupancy, location,
and maintenance of buildings and structures, including permits and penalties, those
certain bound volumes known as the "Uniform Building Code," [ 1994] 1997 Edition, of
the International Conference of Building Officials, including the appendices, except for
such portions as are herein deleted, rnodi#'xed, or amended, and the same is hereby
adopted and incorporated as fully as if set out verbatim herein.
4.05.025 Application for permit.
Section 106.3.2 of the Uniform Building Code as adopted by this chapter is amended
by adding the following:
"As a requirerrxent for obtaining a building permit for a new or enlarged structure the
property owner is required to submit a site plan [STAMPED BY A STATE
REGISTERED LAND SURVEYOR] which accurately shows by dimensions and to scale
the location and outline of the proposed structure in relationship to the property lines,
setbacks, and easements." If at initial buildia ins action for construction the
site plea is not accurate or due. to site conditions it cannot be ascertained if the
proposed building -will be in com_pl4ance with the building setback requirements
of the Kenai Planning and Zoning Code, the administrative authority shall
require the permit holder to provide a state registered land surveyor's stamped
site plan.
4.05.027 Permits issuance.
Section 106.4.3 Validity of Permit of the Uniform Building Code as adopted by the
chapter is amended by adding the following:
"It is the property owxzer's responsibility to have the property corners physically
located and marked [BY A STATE REGISTERED LAND SURVEYOR AND] to make
sure that the structure is accurately placed on the site as per the submitted site plan."
4.05.030 Permit fees.
The first paragraph of Section 107.2 of the Uniform Building Code adopted by this
chapter is amended to read as follows:
Attachment A
Ordinance No. 1813-99
Page 1 of 4
"Section 107.2 Building Permit Fees. The fee for each building permit shall be paid to
the City as set forth in Table No. I -A of the Uniform Building Code, except that fees for
[NEW] construction of Group R-3 and Group U-1 occupancies, or portions thereof as
follows:
(1 ] Group R-3------$0.14 per square foot
(2) Group U-1------$0.07 per square foot"
4.05.031 Pian review fees.
The last seatence of the first, nara~raph of Section 107.3 of the Uniform Buildiln~
Code adopted by this chapter is amended to read as follows:
"Said laa review fee shall be 65% of the buildin ermit fee as shown in Table 1-
A far new commercial construction and 20% of the buildia ermit fee char ed
in KMC 4.05.030 for new construction of Grou R-3 and Grou U-1 occu ancies."
4.06.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulations for
building security that certain code known as the "Uniform Building Security Code,"
[ 1994] 1997 Edition, of the International Conference of Building Officials, except for
such portions as are hereinafter deleted, modified, or amended, and the same is
hereby adopted and incorporated as fully as if set out verbatim herein.
4.10.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulations for the
abatement of dilapidated, defective buildings which endanger life, health, property,
and public safety, that certain code known as the "Uniform Code for the Abatement of
Dangerous Buildings," [ 1994] 1997 Edition, of the International Conference of
Building Officials, except for such portions as are hereinafter deleted, modified, or
amended, and the same is hereby adopted and incorporated as fully as if set out
verbatim herein.
4.15.010 Adoption.
There is hereby adopted far the purpose of establishing rules and regulations to
promote the development of better sign construction and to provide minimum
standards to safeguard life, health, property, and public welfare, by regulating
structural requirements for all signs and sign structures located outside of buildings,
that certain code known as the "Uniform Sign Code," [ 1994] 199? Edition, of the
International Conference of Building Officials, except for such portions as are
hereinafter deleted, modified, or amended; and the same is hereby adopted and
incorporated as fully as if set out verbatim herein.
Attachment A
Ordinance No. 1$13-99
Page 2 of 4
4.20.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulations for the
installation and maintenance of heating, ventilating, cooling, and refrigeration
systems, that certain code known as the "Uniform Mechanical Code," [ 1994] ].997
Edition, of the International Conference of Building Officials, including the
appendices, except for such portions as are hereafter deleted, modified, or amended;
and the same is hereby adopted and incorporated as fully as if set out verbatim
herein.
4.20.030 Fees.
Section 115.2 of the Mechanical Code adapted by this chapter is amended to read:
"If a building permit is issued, these fees shall be considered as paid as a part of such
permit fee. If no such building permit is issued, the fee shall be computed according to
Section 107, 2 of the [ 1994] 1997 Edition of the Uniform Building code."
4.25.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulatians for the
qualification of persons engaged in the business of plumbing and the installation,
alteration, or repair of plumbing systems, that certain bound volume known as the
"Uniform Plumbing Code", [ 1994] 1997 Edition, of the International Association of
Plumbing and Mechanical Officials, including the appendices, except for such portions
as are hereinafter deleted, modified, or amended; and the same is hereby adopted and
incorporated as fully as if set out verbatim herein.
4.25.020 Fees.
Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is
amended to read:
"If a building permit is issued, these fees shall be considered as paid as a part of such
permit fee. If no such building permit is issued, then the fee schedule shall be
computed according to Section 107.2 of the [ 1994] 1997 Edition of the Uniform
Building Code."
4.25.040 Plumbing material standards.
Table 14-1 of the Plumbing Code, adopted by this chapter, is amended by deleting
therefrom the fallowing:
(a) "Homogenous bituminized fiber drain and sewer pipe."
(b) "Polybutylene piping,"
Attachment A
Ordinance No. 1813-99
Page 3 of 4
(c) "Polyethylene Ac lonitrile-Butadiene-St ene AB5 Chlorinated o1 vin 1
chloride CPVC Pol vin 1 chloride PVC used for building supply (water
service lines) (installation)."
4.25.070 Protection of piping materials and structures.
Section 313.0 of the Uniform Plumbing Code adapted by this chapter is amended to
add the following:
"313.9 Water service pipe shall have the thaw wire connected at the water main, and
brought to the surface at the curb stop or other convenient location. Such wire shall
not be smaller thaxi 4/0 AWG."
4.30.010 Adoption.
There is hereby adopted for the purpose of establishing standards governing the
installation of electrical equipment within or on public and private buildings and
premises, that certain code lmown as the "National, Electrical Code," [ 1993] 2999
Edition, including the Uniform Administrative Code Provisions, except for such
portions as are hereinafter deleted, modified, or amended; and the same is hereby
adopted and incorporated as fully as if set out verbatim herein.
4.30.060 Fees.
Section 304(a) Permit fees of the Uniform Administrative Cade provisions for the
National Electrical Code adopted by this chapter is amended to read:
"If a building permit is issued, these fees shall be considered as paid as a part of such
permit fee. If no such building permit is issued, the fee shall be computed according to
Section 107.2 of the [i994] 1997 Edition of the Uniform Building Code."
Attachment A
Ordinance No. 1813-99
Page 4 of 4
l ~.1~
Subdivision:
KENAI PENINSULA BOROUGH
144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599
~ BUSINESS (907) 262-4441 FAX (907)262-1892
MIKE NAVARRE
MAYOR
ADMINISTRATIVE APPROVAI:; _~~-~- _ - ~~ ~ °~~ ~=
Grace Brethren Replat No. 2
KPB Fiie 98-235
,BAR 5 X999
r;; r nF KE'~JAI
~':'P! fC L :'~)f?'!S DEPAFiTh1FNT
The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat.
Administrative Approval has been granted by the undersigned on February 25, 1999. The
original mylar must be submitted to the borough for signature within one year; or this approval
will be void.
When signed by an authorized official of the borough; the plat must be filed with the appropriate
district recorder within five working days by the borough or the surveyor who prepared the plat.
bbie Harris
Platting Officer
NOTARY ACKNOWLEDGEMENT:
Subscribed and sworn before me this ~ day of Fe~Ar ~~ , 1999.
j ~.
No ary Public for State of Alaska
My Commission Expires: -4 ~0
SURVEY FIItM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO
BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER.
1b~~
.,
KENAI PENINSiJLA BOROUGH
144 N. BINKLEY SOLDbTNA, ALASKA 99669-7599
-, BUSINESS (907) 262-4441 FAX (907)262-1892
.~ '~~ _.~
MIKE NAVARRE
MAYOR
February 23, 1999
FEB 2 ~ f9~9 f
clr~ ~~r ~E~vrl
fiLIC 1~11bRN.S DEP.~RTM1.4F
Marilyn Kebschull
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Re: Habitat Acres Addition No. 1
KPB File 96-020
Referenced plat has been scheduled before the Kenai Peninsula Borough Planning Conunission
on March 8, 1999 for a time extension.
In March 1994, both the borough and city commission approved the subdivision of Government
Lot 143 into six lots. A final plat with one lot was approved and filed in September 1994.
In January 1996, the city wrote a letter advising that since there were no changes to the original
design, the city commission did not need to review the plat again. The borough commission
reviewed and approved Habitat Acres Addition No. 1 on February I2, 1996. That approval was
valid through February 12, 1997.
Integrity Surveys has now requested a time extension be granted. At this time, we see no reason
for not granting the extension. Prior city review has indicated an installation agreement will be
required.
Thank you,
R bie Harris
Platting Officer
9b-020. K;:NA [.TE. LT I . wPp
p
,,~
March 11, 1999
R ~Ud
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.s i~
Kenai Peninsula Bor c,
Planning Department NNE GpFgFNq~
144 North Bmkley ~rMF
Soldotna, Alaska 99G69-7599 ~'
toll free within the Borough 1-800-478-4441, extension 2G0
{907) 262-4441, extension 260
FAX (907) 262-8618
e-mail: planning@borough.kenai.ak.us
NOTICE OF PLANNING COMMISSION ACTION
MEETING OF MARCH 8, 1999
RE: Habitat Acres Addition No. 1 Time Extension Request
The proposed time extension was approved by the Kenai Peninsula Borough Planning
Commission. The draft, unapproved minutes are attached.
If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning
Department.
This notice and unapproved minutes were sent March 12, 1999 to:
City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611.
Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611.
Subdivider/Petitioner: Central Peninsula Habitat for Humanity, Inc., P.O. Box 2113,
Kenai, Alaska 99611-2113.
KPB File Number: 96-020
AGENDA ITEM H. SPECfAL CONSEDERATiONS ~1 ~c
,~ 2. Time Extension Request; Habitat Acres Addition No. 1 MqR
KPB File 96-02Q [Requested by Integrity Surveys] ~ S ~Q~
Location: Dolly Varden Street & Colonial Drive within City of Kenai NN~,yC of q~~,
Staff report as read by Max lest. p~ ~~. ~
In March 1994, both the Borough and City Commissions approved the subdivision of Government Lot 143 into
six lots. A final plat with one lot was approved and flied in September 1994.
fn January 1996, the City wrote a letter advising that since there were no changes to the original design, the City
Commission did not need to review the plat again. The Borough Commission reviewed and approved Habitat
Acres Addition No. 1 on February 12, 1996. That approval was valid through February 12, 1997.
Integrity Surveys has now requested a time extension be granted. Staff has notified the City of the extension
request.
STAFF RECOMMENDATIONS: Extend preliminary approval through March 8, 2ooa, subject to the following
conditions:
Prior to final approval, utility company review will be required.
NOTE: An appeal of a decision of the P#anning Commission may be filed to the assembly sitting as a
board of adjustment, in accordance wiith the requirements of the Kenai Peninsula Borough Code of
Ordinances, Chapter 21.20.250, An appeal must be filed with the borough clerk within 15 days of date of
i the notice of the decision; using the proper forms; and, be accompanied by the $300 filing and records
preparation fee.
END OF STAFF Rl;PORT
MOTION: Commissioner Carpenter moved, seconded by Commissioner Whitmore-Painter, to extend
preliminary approval through March 8, 200x, subject to staff recommendations.
Commissioner 5kogstad Hated the deadline was February 12, 1997. Apparently the time extension would
preclude having to submit a new plat and begin the process anew. Ne inquired about the limitations. Mr. Best
commented it appeared the plat had been forgotten. The City said that #hey did not need to review the plat
again.
Staff brought the time extension to the Commission based on the City's comments #ha# they did not object to the
configuration change. One more lot is being added to the subdivision. The applicant will have to formally submit
another plat because a change has been made. Granting the time extension will allow the applicant to continue
the process and not have to begin ail over again.
Commissioner Clutts pointed out the preliminary approval was more than two years old. He asked why the final
plat had not been filed. Mr. Bes# thought the applicant changed surveyors. They put in water, sewer, streets,
etc. required by the City. He believed the applicant was short on funding when they began the project, and they
wanted to get a house on the market.
Chairman Hammelman asked if the applicant was Habitat far Humanity. Mr. Best responded yes.
KENAI PENINSULA BbROUGH PLANNING COMMISSION MARCH 8, 1999 MEETING PAGE 1Q
\CF/i.~
.~ ~~~V
VOTE: The mo#ion passed by unanimous consent.
HAMMELMAN BRYSON 1NHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS
YES YES YES YES YE5 YES
COLEMAN GANNAWAY HENSLEY JOHNSON SKOGSTAD TEN YE5
ABSENT YES YES YES YE5 ONE ABSENT
KENAI PENINSULA 80ROUGH PLANNING COMMISSION MARCH 8, 1999 MEETING PAGE 15
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CITY C?F Kt~'AI
Kenai River Center 36130 Kenai Spur Highway, Soldotna, Alaska 99669 pU~~-~~ v'~'~~~ ~~~c~ R~~Y~r~~'
FAX
To.
Phone:
Fax phone:
CC:
Date: d~
Number of pages includi g c er sheet; .lam
Front:
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Phone: (907) 260-4882
1+'ax phone: (907) z60-5992
REMARKS: ~ Urgent ~ For your review ^ Reply ASAP ~ Please comment
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Requlatoxy Branch (1145b) fo r ~~ ~m ~ t
Qost Office ,Box 898
Anchorage, Alaska 99506-0898
PUBLIC NOTICE DATE: Q5 February 1999
EXPIRATION DATE: 05 March 1999
REFERENCE NUMBER: M-830497
WATERWAY NUMBER: Kenai River 129
Interested parties are hexeby notified that an application has been received
for a Department of the Army permit for certain work in waters of the United
States as described be3,ow and shown on Che attached plan.
APPLICANT: Mr. Sill E. Zubeck, 414 Swires, Kenai, Alaska 99fi11.
LOCATION: The proposed project is located within section 35, T. 6 N.,
A. ii ~J., Seward Meridian, at appzoximate mile 8 of the Kenai Spur Aighway, in
Kenai, Alaska.
WORK: Proposer! is the discharge of fill over approximately 4.2 acres of
wetlands.
PURPOSE: The stated purpose of the project is to increase the land value and
its potential commercial use.
ADDITIONAL INFORMATION: The applicant was issued an afte=-the-fact permit in
1983 to retain approximately 10,000 cubic yards of Unauthorized fill placed
over approximately 1.0 acre of wetland. Zt alsv authorized the discharge of
an additional 45,000 cubic yards of fill over an additional 4.7 acres of~
wetlands. Pursuant to the 1983 authorization, an additional 0.5 acre of
wetland area was covered by fill. As a result, the total wetland area<
currently covered with fill is 1.5 acres. The time limit for completing the
work expired ort Aecember 8, 1986, and zhe applicant now ,requests re -
authorization of the same area. The stated purpose of the 1983 project was to
develop the land for a commercial warehouse and an equipment storage site.
The currently stated purpose is to increase the land. valve and its potential
commercial use. Tha subject site is currently used for storage of pipe and
other constructi4il materials. Characteristics of fizl proposed to be placed
depends upon the availability of clean fill from multiple, unknown, sources.
The subject site is within the plan foounda:y of the Kenai River Comprehensive
Management Plan. No mitigation has been proposed.
HATER QUALITY CERTIf?CA1'TON: A permit for the described work will not ire
issued until a certify,cation or waiver of certification as requixec~ under
Section 901 of the Clean Water Act ;public Law 95-217), has been received from
the Alaska Department of Environmental conservation.
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COP,STF,L ZONE MANAGEMENT ACT CERTI?ZCATION: 5ectior. 307 (c) (3) of the Coastal
Zane, Management Act of ?972, as amended by 16 U.S.C. 1456 X} (3), requires
the applicant to certify that the described activity affecting land or water
uses in the Coastal Zone complies with the Alaska Coastal Management Program.
A permit will not be issued until the Office of Management and Budget,
Divi57.OP_ of Governmental Goord_na=ion has concurred with the applicant's
certi~icatior..
DUB:.ZC REARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for pulalic hearings shall state, with particularity,
reasons for holding a public heating.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage
Resources Suz~vey (AHRS) has been consulted for the presence or absence of
h1StOr1G properties, including those listed in or eligible for inclusion in
the National Register of Historic Places. There are no listed or eligible
properties in the vicinity of the worksite. Consultation of the AHRS
constitutes the extent of cultural resource investigations by the District
Engineer at•this time, and he is otherwise unaware of the presence of such
resources. This application is being coordinated with the State Historic
Preservation Office (SfiPO}. ,may comments SHPO may have concerning presently
unknown archeolog'~al or historic data that may be lost or destroyed by work
under the zequested permit will be considered in our final assessment of the
described work.
ENDANGERED S@ECxES: Preliminarily, the described activity will not affect
threatened or endangered speci,e5, or their critical habitat designated as
endangered or threatened, under the Endangered Species Act of 1973 (87 Stat.
844). This application is being coordinated with the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service. .Any comments they may have
concerning endangered or threatened wildlife or plants or their critical '
habitat will•be considered in our final assessment of the described work.
FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use
the project area: Sockeye Salmon, Coho Salmon, Canada Goose, Bald Eagle,
Lesser Sandhil]. Crane, and Peregrine Falcon
FLOOD PLAIN MANAGE3~ENT: Evaluation of the described activity will include
conformance with appropriate State or local flood plain standards;
consideration of alternative sites and methods of accomplishment; and weighing
of the positive, concentrated and dispersed, and short and long-term impacts
on the flood plain.
SPECIAL AREA DESIGNATION: The Subject project is within the plan boundary of
the Kenai River Comprehensive Management Plan.
EVALUATION: The decision whether to issue a permit will be based on an
evaluation of the probable impacts including cumulative impacts of the
proposed activity and its intended use on the public interest. Evaluation of
the probable impacts, which the proposed activity may have on the public
interest, zequS.res a careful weighing of all those factors which become
relevant in each particular case. The benefzts which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably
foresceaale dQtriments. The decision whether to authorize a proposal, and if
so, the conda.tians under which it wild, be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
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should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the pxogosal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards, floodplain ~d1Ue5,
Sand use, navigation, shore erosion and accretion, recreation, water supply
and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activ~.ties involving 904
discharges, a permit will be denied if the discharge that would be authorized
by such permit would not comply with the Environmental protection Agency's
404(b){1} guidelines. Subject to the preceding sentence and any other
applicable guidelines or criteria (see Sections 320.2 and 320.31, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is Soliciting comments from the public; Federal, State,
and local agencies and officials; Indian Tribes; and other interested parties
in order to consider and evaluate the impacts of this proposed activity. Any
comments received will, be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and zhe
other public interest factors lisxed above. Comments are used in the
preparation of an Er~viXOnmental Assessment axld/or an Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments aze
also used to determine the need for a public hearing and'to determine the
overall public interest of the proposed activity.
Comments on the described work, with the reference number, should reach this
office no later than the axpization date of this Public Notice to becaraa part
of the record and be considered in the decision. Please contact Houston
Hannafious at (907} 753-2724 or toll freQ i.n Alaska at (800) 478-2712, if
further infoz7nation is desired concerning this notice.
AUTHORIT7l: This permit will be issued or denied under the following
authorities:
{X) Discharge dredged or fill material into waters of the United States -
5ection 404 Clean ~Tater Act (33 U.S.C. 1344). Therefore, our public interest
review will consider the guidelines set forth under Section 40G(b) of the
Clean Water Act (40 CFR 230).
A plan, Notice of Application for Certification of Consistency with the Alaska
Coastal Management Program, and Notice of Application for State Water Qua:,i,ty
Certification are attached to this Public Notice. '
District Engineer
U.S. Army, Corps of Engineers
Attachments
-3-
j'lell LJ JJ t1lV `t~JU L1Y1 nr~iYnl nircn L~lYlElt rfiA l~lv, JUlLOU~JJL f, ~
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DATA FRQN 5iA=L Q~P'
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PROJECT DESCRIPTSON:
~c~. /~! 14 WEs'L/f.Vd
Sr ; Bite E a++s
~REND.4 Z ~B~k
L.OCATtON:
. sew 3S r.6.v ~q ,~ w .sue
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•~.
A 1•
u ~ ~ 6 a iCIVY KNOWLES. GOV~~plr
'.
OFFXCE OF T~ GUVERI~FOR
OFFICE OF MANAGEMENT ANt] BUDGET
DIVISION OF GOVERNMENTAL CDORDINATJON
~SOUS}iGFJ~fZ'RAf 1~C10N/~LOFF[CE ^ CEl'1Y1iA1.QFFICE
36Q1 'CSTREET, SLI17E 370 ~ Pi?1-].I(~E COORO[HAYOR'5 OFFICE
ANC~iQRAGE, Ai~SKJ. ~3503.59]D QA• 64X 110030 ~ 11 WEST <T}i +1VEMJt:, SI.f17E IC
PFi(`307156i~i3UFI1?Ct90715d1-6t3a JUNF,AU.N.ISKA 04et1-0300. A`K3'iORJ1GE,I.lJ~SKq 99501 I3:3
PH; (9071 iG5.3$6~/UC (9071 iG5.7875 PH: (907) 27e.d54vFll)C (907) 2721r'rs7 '
STATE OF ALASKA
OIYISIOV OF GOYERNt4E~17AL COORDI~lA7fOt~
~toti ce of Application for
Certification of Consistency with the
- Alaska Coastal Management Progran
1~otice i s hereby given that a .request i s being fi 7 ed wi to the Oi vi si on of
Governments] Coordination for concurrence, as provided in Section 347 (c)(3}
of the Caasta] Zane t•lana ement Act of 1972, as amended [P.t. 94-•370; 90 Stat.
14'!3; lb U.S.C. 145b (c)~3)], that the pro~ect~described in the Corps of
Engineers A~blic Notice Number H-830447 will comply with the Alaska
Coastal Management i'rogram an a e proaect will be conducted in a manner
consistent with that program.
The Division of Governmental Coordination requests your conFnents an the
proposed proj ect's consistency with the Alaska Coastal Management Program.
For more information on the consistency review process and the comment ,
deadline, or to submit written colments, please contact the fli vi si on of
Governmental Coordination, 3b01 C Street, Suite 370, Anchorage, Alaska
99503-5934_
Attachment 2
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nLi+~ni n1 rL'n ~~1'i1r,A rxA 1~iV, JUlLUU:JJJL
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TONX IINOWLTS, GOVERNOR
STATE ~
F ALAS
KA
DEPT. OI= ENVIRONMENTAL CONSERVATION
Dn1ISION OF AIR AND WATT QIIALxTY
Industrial operations Section +
401 Certification grogram
NOTICE OF' Ak'Pt+ICATION
1~OR
STATE WATER QUALITY CERTIFICATYON
An applicant for a federa} license or permit to conduct act activity that might result in a discharge
into navigable waters, in accordaace with Section 401 of the Cleaa Water Act of 1977 (PL95-
2Z7), also must apply for and obtain certification from the Alaska Department of Environmental
Conservation that the.discharge will comply with the Clean Water Act, the Alaska Water Quality
Standards, and other applicable State laws. By agreement between the U.S. Arwy Carps of
Engineers and the Department of Environmental Conservatioa, applicatiozt for a Department of
the Army permit to discharge dredged or fill material into navigable waters under Section,404 of
the Clean Water Act also may serve as application for State Water Quality Certification.
Notice is hereby given that the application for a Department of the Army Pernut described in the
Corps of Engineers' Public Notice No. M-s3oa4~ serves as application for State Water
Quality Certification from the Department of Environmental Conservation.
After reviewing the applicatioct, the Department may certify that there is reasonable a-csL~nce
that the activity, and any discharge that might result, will comply with the Clears Water Act, the
Alaska Water Quality Standards, and other applicable State laws. The Department also may
deny ar waive certification.
Any person desixing to cornrnent on the project with respect to Water Quality Certification may
submit written comments within 30 days afthe date of the Corps of Engineers's Public Notice
to:
Depactrnent of Environmental Conservation
Industrial Operations/401 Certification
555 Cozdova Street
Anchorage, Alaska 99501-2617
Telephone: (907) 269-7564
FAX: (907} 259-'7508
AtCaehment 3
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210 FIRALGO, SUITE 200, KENAI, AK 99669-779x.
(9D7)283-7933
S'. -. ~
To: Terri Brown From: Marilyn Kebschull
Fax: 283-3299 Pages: 2
Phone: 283-7551 Date: March 19, 1999
Re: ADVERTISEMENT CC: FILE
^ Urgent ^ For Rer:iew ^ Please Comment Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, March 22, 1999. This
will be charged against the open Purchase Order you have. Thanks.
March 19, 1999
CITY OF KENAI
PLANNING AND ZONING COMMI5510N
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
March 24,1999 at 7 p.m.
htt~:llwww.ci. kenai.a k.us
1. CONSIDERATION OF PLATS:
2. PUBLIC HEARINGS:
3. NEW BUSINESS:
a. Discussion-Determine#ion if lands required for public purpose -Lot 3, Block 2, Salty Dog
Heights Subdivision, Part 1; Lot 6, Block 1, Salry Dog Heights Subdivision, Part 2; Lots 2-
5, Block 1, Salty Dog Heights Subdivision, Part 7
b. DiscussionlSchedule Public Hearing -Building Setbacks -Administrative Exemptions
4. OLD BUSINESS:
The public is invited to attend and par#icipate. For further information call 283-7933. The
meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information
may be obtained at City Hall, at the City of Kenai web site (www.ci. kenai.ak.usl, or by contacting
Jack La Shot or Marilyn Kebschull at 283-7933.
Marilyn Kebschull
Planning & Zoning Administration
Publish: March 22, 1999
• Page 2