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1999-10-13 p&z packet
~ CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 13,1999 - 7:00 p.m. http://www.ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 22,1999 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. PZ99-35-A resolution of the Planning & Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. (Postponed from September 22, 1999 meeting.) 5. NEW BUSINESS: a. Lot 1, Spur Subdivision, Senior Citizen Addition -Recommendation as to whether land needed for public purpose or should be made available for sale. b. *PZ99-37-Home Occupation Permit (Clinical Hypnotherapy)-For the property described as Tract E, Leo Oberts Subdivision (1500 Chinook Court), Kenai, Alaska. Application submitted by Christina Oberts, 1500 Chinook Court, Kenai, Alaska. 6. OLD BUSINESS: 7. PENDING ITEMS: a. PZ99-36-Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. (Postponed from September 22, 1999 meeting pending submittal of revised plan.) b. Proposed Livestock Ordinance (Postponed from September 22, 1999 meeting pending work session.) S. CODE ENFORCEMENT: Planning & Zoning Commission Agenda 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. KPB administrative approval Windhaven Estates Phase 2 b. "Zoning Bulletin" -September 10, 1999 Issue c. KPB Ordinance 99-43 12. COMMISSION COMMENTS & QUESTIONS: Page 2 October 13, 1999 13. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 22, 1999 - T:00 p.m. http: / /www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 8, 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. PZ99-34-Conditional Use Permit (Retail Store -Bookstore) for the property described as Lot 1, Quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. b. PZ99-35-A resolution of the Planning & Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. 5. NEW BUSINESS: a. PZ99-36-Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. b. Proposed Livestock Ordinance--Discussion 6. OLD BUSINESS: ?. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: 11. COMMISSION COMMENTS 8s QUESTIONS: 12. ADJOURNMENT: j CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS SEPTEMBER 22, 1999 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 1-b. Agenda Approval MOTION: Goecke MOVED to approve the agenda requesting the item handed out before the meeting be added and asked for UNANIMOUS CONSENT. Motion SECONDED by Erwin. There were no objections. Agenda was approved as presented. 1-c. Approval of Minutes: September 8, 1999 MOTION: Erwin MOVED to approve the Minutes of September 8, 1999 and asked for UNANIMOUS CONSENT. Motion was SECONDED by Goecke. There were no objections. The Minutes of September 8, 1999 were approved as written. 1-d. Consent Agenda -None ITEM 2: SCHEDULED PUBLIC COMMENT -None ITEM 3: CONSIDERATION OF PLATS -None ITEM 4: PUBLIC HEARINGS 4-a. PZ99-34-Conditional Use Permit (Retail Store -Bookstore) for the property described as Lot 1, Quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. MOTION: Nord MOVED to approve PZ99-34. Motion SECONDED by Erwin. Staff Comments: Kebschull indicated a correction was required in staff comments that were provided to the Commission. She explained, Page 2 stated the property as zoned Suburban Residential on one side and one side in the rear as General Commercial. Kebschull reported the property as zoned Suburban Residential on all sides. Public Hearing: Verbatim Begins: Glenna Swearingen, 107 Birch Drive, Kenai, Alaska - I'm going to read this because I'm not good at speaking in public. I'm not in favor of the proposal... eh.. the proposed bookstore next to my home. The proposal says the value of the adjoining property will not be significantly impaired. On paper that may be true but if I was going to buy a home I would not buy one next to a business. What is insignificant to you may very well be very significant to me. The proposal says the proposed use will not be harmful to public safety. It is sometimes extremely dangerous to back out of one's driveway on Birch Drive, which is what the proposed customers of the proposed bookstore would doing. In fact I have taken to backing into my driveway after a couple of close calls. I will also point out that my daughter's car was hit and totaled while parked at the curb in front of my house a couple of years ago. The traffic on our street is constantly increasing. The proposal says the public welfare will not be harmed, I say I am part of the public and I have already experienec... experienced the slamming car doors, Maureen's dogs barking at customers, cars parked in front of my house and so forth when she has her frequent garage sales. When that is to be multiplied by five days a week or more, it will surely be unpleasant. If one can't find peace in their own home where is one to find it? I'm asking you to vote against Maureen Van Sickle's Conditional Use Permit. If this permit is issued in spite of my objections I would ask you to consider the following request: the business be limited to week days only, no Saturday hours. I ask that if she has a sign, it be no larger than 4' x 4' and placed as far from my property line as possible. On the north of her proposed parking area to be paved next summer. I ask that if she has a sign and chooses to elim... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 2 illuminate said sign, it be turned by 10 p.m. I acknowledge the street is a public area but I ask that her customers not be allowed to park in front of my home. Thank you for listening. Verbatim Ends. Public Hearing closed. Kebschull noted it was verified with the Building Official that the garage does have an access door so a building permit will not be required. Glick, referencing the letter of support provided prior to the meeting, asked what the author's .physical address was. Kebschull replied that information was not available. Bryson concurred with the concern of parking because kids play in the area and the problem deals with visibility. Curbside parking has a potential of being a problem. Bryson continued, the speed limit is 25 mph in that area but 30 mph is more typical because the visibility is straight on and it encourages faster movement. Bryson added he was generally opposed to commercial encroachment in that area mostly because it is somewhat sensitive in that there have been multiple problems with lots not being cleaned. Nord asked for clarification on the hours of operation. It was confirmed the hours would be noon to 6:00 p.m. VOTE BRYSON NO ERWIN NO GOECKE NO NORD NO NEWBRY NO GLICK NO MOTION FAILED. Kebschull advised the applicant of her right to appeal the decision in writing to the City Council within 30 days. 4-b. PZ99-35-A resolution of the Planning 8a Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. MOTION: Goecke MOVED to approve PZ99-35. Motion SECONDED by Newbry. No public comment. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 3 Staff Comments: Kebschull noted this was the end result of the mapping and address project. Kebschull pointed out that some of the changes just added a direction designation because if these were not added then several more addresses would have required changes. Bryson, referencing the Tinker Lane to Swires Road change, asked if Hollier Subdivision was off of Beaver Loop Road. Kebschull answered that it was. Bryson asked for clarification that the alignment out there was also Tinker Lane, making made two streets with that name. Kebschull confirmed that was correct. Bryson expressed concern with changing Tinker Lane to Swires Road since there was no likelihood of a connection ever to be made to the existing Swires Road and because it could cause confusion to the 911 system. A lengthy discussion ensued regarding the various street name changes and Bryson reiterated his concern of a different street name for emergency response purposes. PZ99-35 was postponed pending further information from staff. Kebschull requested that if anyone had a suggestion for a name they contact her. Kebschull also pointed out the name "Hollier" was already used in another location. ITEM 5: NEW BUSINESS 5-a. PZ99-36-Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. Nord reported her son is an employee of the applicant and stated she would abstain if the Chairman determined a conflict of interest existed. Glick confirmed that Nord's son did not live at home and there would be no monetary gain for Nord regardless of the decision, therefore, no conflict existed. MOTION: Nord MOVED to approve PZ99-36. Motion SECONDED by Erwin. Staff Comments: Kebschull reported the application for a landscape site plan brought to surface the many problems and complaints staff received from area residents regarding storage of miscellaneous materials. Kebschull continued, the Code stated a parking area could not be used for storage but when it was brought to the applicant's attention he stated he converted the parking area to storage but still had sufficient parking by Code. This issue brought up an opportunity for the Commission to look at the lot to determine if some PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 4 landscaping could be required which would perhaps alleviate some of the public's concerns. Kebschull added, from what staff could see, there was no landscaping on the lot and Code did allow up to a maximum of five percent. She noted, staff recommended a minimum screening of the canopies the applicant was requesting or consider fencing. Kebschull reported there were concerned individuals in the audience who would like the opportunity to address the Commission. Glick pointed out this was not a public hearing. Bryson requested the public be permitted to speak to the issue. Verbatim Begins Pat Porter, 116 Deepwood Ct., Kenai, Alaska (Prior to giving her statement, Porter handed out photographs she had taken on September 22 on the lot in question.) My name is Pat Porter and I live at 116 Deepwood Court, here in Kenai. Ah, I'm not here to discourage Mr. Mellish's business within the City. I'm here to encourage a positive outcome to the problems his expanding business is creating. I used to drive on Frontage Road daily to my place of employment. During the first years of his business activity and the outside of the appearance didn't bother to much, however, as his business has grown and more and more items appear on the site. When the airplane engines appeared I became more concerned about the actual purpose of the business and if it was meeting the commercial code. I contacted the City Hall to explore this issue. I was told he was within the code ordinance but th.. they had had numerous complaints regarding the outside appearance of the building. Kenai is a growing community in which many pe... business people have made efforts to improve their exterior building appearance. Since my arrival in 1969 this town has improved its business um... area tremendously. When you notice a business which continues to pile on outside items and be an eyesore, you wonder if the zoning code needs to be reviewed because it appears as if the City is unable to do anything about what he's storing on his property. His request to erect the roof area I feel will not add to the ambiance of the area or to contribute a professional appearance to the surrounding businesses are striving to obtain. I requested a copy of the code and attempted to review it. I also want you all to know it's very first time I ever read it and I found it very cumbersome to find an area which disallowed the business and I thought... well good, this will work only to go a few more pages over and find out that it was included somewhere else. So I understand where Mr. Mellish is coming from that he appears as if he thinks he has the right to do that. I would suggest he consider expanding his building in an L-shape manner which with... with large garage doors on the exterior. He could then storage everything in the parking lot within. This would help to solve his storage problem. Putting up the roof area, which he PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 5 says will be used for parking, I'm afraid will be used to cover his items waiting for repair. The... act... actually no other businesses that I know of provide cover parking for their customers. The parking area on the diagram is currently where his large storage van is located. He actually put that that would be parking. It is not parking, there is a huge storage van there. Will this van be permanently removed off of the premises or relocated on the property? It clearly states he will use it for parking. The Code does state that commercial businesses shall not have an adverse affect upon nearby properties. I suggest to you it does. I have been in the beauty shop many times when the noise level is extreme from the work being completed. I understand where Mr. Mellish is coming from that... from what I could determine he is appears to be within the current code ordinance. His business is growing and he is.. and he has no where else to go other than the parking lot for storage. I want you to notice in the pictures that I sent around that there is a vehicle and a trailer now... doesn't fit on the parking lot so it's now in the street and someone has gone by two weeks ago and broke the windows and the glass re.. still remains on the street. So, you know, he does have a tremendous storage problem, he's not really addressing it. He's merely planning to try and ah, make a quick fix. I would encourage Mr. Mellish to be concerned about the appearance of his business and be a friendly neighbor to the businesses around him. If this problem is not solved with a solution it will continue to escalate, it's not going to get any better. So... that's all I have to say, any questions? Glick: Any questions of Ms. Porter? Porter: Good. Glick: Okay, thank you. Okay, anybody else in the public then would like to speak? Nate Kiel, 404 Lawton, Kenai, Alaska - Hi, Nate Kiel, 404 Lawton, Kenai. Um, I just... I~1 keep this short, I think Ms. Porter did an excellent job of summing up the arguments against this proposal. Ah, Ike personally lodged complaints over the last couple of years against the activity that's taking place on Mr. Mellish's ah, business site. Ah, I question whether or not there really is nothing that the City can do within the Code that is set up. It seems to me that things are really being stretched. As I read into the Code that outside storage of junk, and I'm quoting ah from 14.20.050 h, where it says, ah, outside storage of junk cannot withstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a City or State road in any zone. However, the Commission may grant a Conditional Use Permit under the procedure in the chapter allowing said use to continue for a specific period of time. (inaudible) and 8' high site obscuring fence of good appearance has been provided which I think that right there addresses the issue. Um, there are oil PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 6 ~ drums, ah, ah, engines, ah, vehicles without wheels, ah, I mean, items that are not temporarily parked there include a 40' trailer which has been there for over 2 years. Which to my knowledge has never been moved not even for a day. Um, so, I don't know exactly what we can do within the Code but I would strongly encourage the City to take a look at this. Um, and as a long time Kenai resident and business ah, owner of businesses in the City of Kenai, I think it's not only ah, detracting from the business adjoining Mr. Mellish's property but also to the City businesses ah, in general. I'll leave it at that. Thank you. Glick: All right, any questions? Okay, thank you. Kiel: Yeah. Glick: Anyone else wishing to speak to the item? Mark Norgren, NHN Poppy Lane, Soldotna, Alaska - My name is Mark Norgren, I reside ah, NHN Poppy Lane in Soldotna and ah, ah... I'm not quite as prepared as ah, Mrs. Porter and Mr. Kiel, it's homecoming week in Soldotna so ah... week's been kinda hectic here. But I also want to go on record in opposition of ah, of ah, PZ99-36 and I have some general questions ah, for the Commission. With all due respect, I also have been concerned about the activities next door. I'm part owner in the business that ah, ah, with... with Mr. Kiel and our wives in the beauty industry and it ah... is ah... is a very co.. ah..mm. large concern of our in terms of it detracting from our business. Um, we have attempted to... to speak with Mr. Mellish in a... in a professional manner ah... to try to resolve these issues on a... on a... on a lower scale ah, than this certainly and ah, that's why I prefer to do business. Unfortunately, we don't seem to get any many results. The fact, you could say um... it seems to be going quite the contrary. I have some general questions that I'd like you to ah... to think about and eh... in making your decisions so over this whole issue and I think it is a larger issue than the one in front of you tonight in terms of just ah, this particular report. I find it interesting in your staff's report that they speak about numerous complaints and in what the... what the Commission is doing to address those complaints and I guess I would like to hear um.. wha... what your plans are in res... eh... resolving some of those complaints. Um... first of all, in terms of... of... of what's presented in... in front of your this evening. The intent of the canopies. Ah, I find that interesting ah... ah... it seems that ah, to me the... the intent is somewhat hidden here but that's my personal opinion. Um, I... I would also ah, like the Commission to look at ah, possible Code violations in re... in ah, in regard to the canopies matching the existing structure that's on I... on site ah, maybe some other issues might be the whole idea of the outside storage Mr. Kiel spoke to the Code, he cited the Code, Um... it seems to me that that's definitely in violation. It seems that ah... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 7 ~ the area is zoned General Commercial and ah, as Ms. Porter said ah, "prevent any uses which would have adverse affect upon nearby properties," I can tell you that... that we feel it... in... in our business. We feel it, we're... we're neighbors and ah, we like to be good neighbors but that's kind of a reciprocal deal and... and that's kinda where we're at. Um, also the idea of landscaping, earlier this... this summer we spent hundreds of dollars and hours trying to landscape ah, with the Navarre's in terms of our business to make the appearance of our business fit into the whole Kenai atmosphere and we... we like to think ah, of Kenai, the City of Kenai as a... as a very pretty town and ah, we want to be a part of that. We're here for the long term, our business is here for the long term and we want to be a part of your business community and ah, I would ask that you consider ah, all those ah, all those issues in... in resolving this one and again, and I think it's larger issue than the one in front of you and... and would ask you to... maybe a look... look at it a little ah, little closer. Thank you. Glick: All right, thank you. Any questions of Mr. Norgren? All right. Ms. Nord? Nord: How long have you had your business in that (inaudible -microphone not on) Norgren: Ah, almost two years. When the... when the... when the building ah, burned down... initially ah, and when he built it back, we moved in. So it's... it~l be two years coming up in November here. Glick: Okay, anyone else in the public wishing to speak? Bryson: I have a question for Mr. Norgren? Glick: Sure. Bryson: Ah, Mr. Norgren, were your partners part owners in the building that burned down? Norgren: Ah, no Sir. Bryson: You weren't partners. Who were the other owner's names? Goecke: The ah, the people that owned the building when it burnt are the same owners of the building today and that's George and Mike Navarre. Bryson: Thank you. Glick: Okay, any other questions? Thank you. Norgren: Thank you. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 8 Glick: Once again, anyone else wishing to speak to this item? Okay, more discussion. Verbatim Ends Goecke stated that prior to the fire he was in the same location the Kiel's and Norgren's are in at this time. Goecke stated he also had gone to staff regarding concerns with the property. Goecke indicated he was for any measure to make Mellish clean up. Goecke added that taking staff's recommendation to enclose the area might be workable.. Goecke said he also had conversation with Mellish regarding the area when he was next to the business and it worked for a short period of time but it didn't take long to be back in the current condition which gets progressively worse. Glick asked staff if PZ99-36 could be postponed until the next meeting in order to have Mr. Mellish come back with a plan to show fencing or something that would satisfy the concerns. Kebschull replied it was within the Commission's right, however, the Code was non-specific in defining landscaping. Kebschull recommended the Commission require landscaping to help clarify the issue. Kebschull continued, she asked the City Attorney about the recommendations and he indicated it was within the Commission's means to do so. Kebschull also wanted to clarify Mr. Kiel's concerns about the section of the Code to which he was speaking. Kebschull noted she had the same concern and thought that section of the Code could be used but the City Attorney clarified the Code was only for non-conforming uses. Non-conforming uses were those uses which were in effect before the Code went in and they were no longer allowed within a zone. Kebschull added, the City Attorney did say that if the materials stored over there could be determined to be junk, then another section of the Code could require that it be cleaned up. But in Mellish's business, he could probably make the case that the material was necessary for his business. Bryson asked if the airplane engines currently stored on Mellish's property were originally stored on Strawberry Road. Kebschull answered, that was the information she received but also noted it was hearsay. Goecke indicated that Mellish owned the building and asked if the grass strip could be considered as part of the five percent. Kebschull thought the area was considered a right of way and not part of his property. Bryson confirmed that Mellish owned the building and a portion of it was being used for the business. Bryson asked if the tract was subdivided into different sub-units of the building. Kebschull replied, Mellish leases or rents the spaces. Bryson asked how large the lot was. Kebschull replied, the information from the new GIS program stated the lot as .4 acres. Kebschull added, Mellish could PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 9 ~ own the other buildings and it could be something that needed consideration. Bryson also asked staff if the City Attorney thought asite-obscuring fence was a viable option and would it only need to accommodate the outdoor storage and not address the entire lot. Kebschull replied, she told the City Attorney what her recommendations were and he did not say the fencing was not appropriate but she would not want to go so far as to say that he said that was a solution. Bryson asked if the entire area behind the building was used for just Mellish's own personal activities. Kebschull thought all the material stored in the area belonged to Mellish. Nord thought the Commission had a real dilemma because a landscape site plan was to be considered and she didn't think a fence could be considered landscaping or whether it would fit the intent of the Code, which was to protect the health, safety and welfare of the citizens. Nord continued, after looking at the photographs provided by Porter, she just couldn't see an opportunity for Mellish to put in actual green landscaping in the area because of all the pavement. Bryson noted he was not in favor of approving the landscape site plan as submitted but he would be amenable to having Mr. Mellish propose something. Glick agreed with Bryson and pointed out that no landscape plan was submitted with the application, so it would be difficult to approve a plan that didn't exist. The Commission agreed the item should be sent back with a request for a detailed landscape plan. Kebschull asked if the Commission would like Mellish in attendance to present his plan. Glick answered yes, as he would then be available to answer questions. Bryson stated the issue could also be discussed in a work session as it could be handled more casually. The Commission agreed to discussing the issue in a work session. MOTION: Bryson MOVED to postpone PZ99-36. Erwin SECONDED. There were no objections. SO ORDERED. 5-b. Proposed Livestock Ordinance--Discussion Kebschull stated she ran a query on the new GIS program to highlight the lots within the City that were equal or greater than three acres. Kebschull noted there were several larger lots that are split-zoned. After a lengthy discussion regarding the livestock ordinance, it was decided the item would go to a work session in order to discuss certain criteria and PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 10 problems which may affect the entire city. The work session would be held ' prior to the next scheduled meeting and two issues would be discussed; PZ99- 36 and the Proposed Livestock Ordinance. ITEM 6: OLD BUSINESS -None ITEM 7: CODE ENFORCEMENT -None ITEM 8: REPORTS 8-a. City Council - No report 8-b. Borough Planning Bryson stated a meeting was held on September 13, 1999 and part of the meeting was held in the early afternoon in order to allow Commissioners to view parcels along the river affected by the erosion control project. Bryson reported the tour was quite educational and he was favorably impressed by some of the work that had been done. Bryson noted he was also aware now of some areas that had not been addressed. Bryson continued, the consent agenda was approved. Item E-1 was approved, which was a wetland road fill project in the Murwood Estates Subdivision. Item F-2 was a request for ten acres of Borough land to be used as an outdoor recreational area. This was approved and would go before the Borough Assembly. Item G-1, a vacation of a 20-foot utility easement was approved. Item J-1, a request to drill a water well within the 50 foot Kenai River Habitat Protection Area in the Cooper Landing Area, was approved because if the well wasn't put in the proposed area, it would affect other aspects of the project. 8-c. Administration Kebschull reported the vehicles were moved off Baker Street. ITEM 9: PERSONS PRESENT NOT SCHEDULED -None ITEM 10: INFORMATION ITEMS -None ITEM 11: COMMISSION COMMENTS & QUESTIONS Commissioner Nord reported there was a lot of activity again at the residence on Sycamore Street and she was sure they were operating a business. Nord noted that she hadn't seen any repair work being done on the street other than the one time after the City was over there. Nord stated, the work was being done in the garage, backyard and driveway and it was turning into a junkyard. Kebschull PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 11 ~ stated, every time a new vehicle comes in, the police needed to be called so they could make an effort to document the amount and type of business being conducted. Kebschull continued, that would be the only way to monitor it other than setting up a scam. Kebschull also noted, since the neighbors were told of the necessity to phone the police, only one call was made. Nord responded by stating that many of the neighbors were afraid of repercussion. Kebschull stated the City would look into it. Commissioner Goecke requested that RPM's (Mr. Mellish) be required to move the vehicle parked on the street in front of his business. Kebschull stated, vehicles were allowed to park on Frontage Road until October 1, 1999, at which time they need to be moved for snow removal. Kebschull noted the Police Department would begin enforcement after October 1. Commissioner Bryson asked if there had been any complaints about the pasture on Birch Street. Kebschull replied she wasn't aware of any. Bryson noted the lot of First and Birch was cleaner and wasn't sure if the problem on Sycamore was related. It was noted the reason the lot at First and Birch is cleaner was a result of a divorce. ITEM 12: ADJOURNMENT MOTION: Goecke MOVED to adjourn. There were no objections. The meeting adjourned at approximately 8:10 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 12 ~~ CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~~~~~r ,~~ MEMO: TO: Planning & Zoning Commission 1 FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 6, 1999 SUBJECT: PZ99-35-Resolution Changing Certain Street Names After further investigation into Tinker Lane, it has been determined that the maps staff used showed an incorrect street name. The plat of the subdivision was reviewed and it shows the correct name as Gravel Street. The Borough evidently determined the mistake at some time and corrected their maps. Based on this information, no street name change is required. A corrected resolution has been prepared. CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE Kenai City Council Chambers 210 Fidalgo Avenue, Suite 200 September 22, 1999 @ 7 p.m. SUBSTITUTE CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ99-35 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, CHANGING OF CERTAIN EXISTING STREET NAMES. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, as part of reviewing street addresses for the City of Kenai in conjunction with the "Enhanced 9-1-1 Mapping and Address Project" it was determined that certain street names required changing to eliminate duplicate addresses and to clarify addresses, and WHEREAS, the following street name changes are recommended: CURRENT NAME RECOMMENDED OFFICIAL LOCATION OF CHANGE NAME Fern Street North Fern Street Fern Street North of Togiak Street Togiak Street Togiak Way Togiak Street between 3`d & 4~' Avenue Dogwood Road North Dogwood Road Dogwood Road North of Kenai Spur Highway Tern Avenue West Tern Avenue Tern Avenue between Walker Lane & Bridge Access Road NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES AS NOTED ABOVE BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 13th day of October 1999. Chairman: Attest: SUBSTITUTE CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ99-35 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, CHANGING OF CERTAIN EXISTING STREET NAMES. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, as part of reviewing street addresses for the City of Kenai in conjunction with the "Enhanced 9-1-1 Mapping and Address Project" it was determined that certain street names required changing to eliminate duplicate addresses and to clarify addresses, and WHEREAS, the following street name changes are recommended: CURRENT NAME RECOMMENDED OFFICIAL LOCATION OF CHANGE NAME Fern Street North Fern Street Fern Street North of Togiak Street Togiak Street Gilbertson Street Togiak Street between 3`d & 4"' Avenue Dogwood Road North Dogwood Road Dogwood Road North of Kenai Spur Highway Tern Avenue West Tern Avenue Tern Avenue between Walker Lane & Bridge Access Road NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES AS NOTED ABOVE BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 13th day of October 1999. Chairman: Attest: .CITY OF KENAI " Gil o~ y4~-~~ -, ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ rF~nabah ~ '~II~- 1992 ~~~ S F~V~ emoran um F,o O Date: September 22, 1999 ~nF~R,yq~ To: Kenai Planning and Zoning Commission 'yFtij, From: Kim Howard, Administrative Assistant~~ RE: Lot 1, Spur Subdivision, Senior Citizen Addition In December of 1983 the City received a deed from the Federal Aviation Administration allowing the lease or sale of the above referenced property. Lot 1, Spur Subdivision, Senior Citizen Addition is a 1.94 acre parcel located in front of the Senior Citizens Center. The site was formerly leased to The Continuum Corporation for the construction of an assisted living facility. That lease was terminated in May of 1998. The City recently received a request asking that the property be made available for sale. 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 attached draft ordinance and map and make a recommendation as to whether the parcel is needed for a public purpose or whether it should be made available for sale. Your recommendation will be passed on to the Council for the October 20~ meeting. Attachments Cc: Dr. Zirul, d/b/a Peninsula Ear, Nose, and Throat Clinic /kh Suggested by: Administration CITY OF KENAI ORDINANCE NO. -99 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED AIRPORT LAND, DESCRIBED AS LOT 1, SPUR SUBDIVISION, SENIOR CITIZEN ADDITION, IS NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai owns the property identified as Lot 1, Spur Subdivision, Senior Citizen Addition; and WHEREAS, the City has received a request asking that the referenced property be made available for sale; and WHEREAS, the City Administration recommends the property be made available for competitive bid sale at not less than the fair market value; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; and WHEREAS, the Kenai Planning and Zoning Commission has reviewed the attached map and has determined that the property is not needed for a public purpose and recommends the property be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned Airport land, described as Lot 1, Spur Subdivision, Senior Citizen Addition, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of November 1999. ~~ JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 20, 1999 Adopted: November 3, 1999 Effective: December 3, 1999 (9/22/99)kh ~~ i ~ i ~( tied prti/~ ~6~ ~ ~ 9S6v0 9' r, ~~ o~~°~ .~ I ~~~. ~; W .\n~~ ~ J 4j ~ 4 I G 6`O• °~ / .p ~ -p \ \ ~ u ~ ~ ~ ~ ~ \ ~~ O ~ \ ~ `~- y \ r \ ~ u d sign _ 1 • 1 -~ ~ ~J ~ . ~ ~~. D ~ ~ 9 ~ P ~ ~l t p ~ d to ~ o~ z ¢ ~° P..I w tJ Lot 1 f~ 5~ 1 ~L i'~~ T Q W 4 Note: to leaf Of the Dui~ainq slibOtk as peens to Rignt-of-War7 ~s I nlawo wr uuutr laaamfnt. ~~, 1 ! ,r , ~I c- rM1 1 Q '~~~ i .. . ^' u^ i ^: I ~J I I ~- - '71+ I ~ I 00 I ' W NOTE: The City Engineer has placed water aad sewer -``- main locations oa this /- - as-built survey. •- ~ /~ ~JP9~9mL~dUMO~Or, ~ ~ ~5 n~ ~ ~~~ 'tl LINE _EGEND 24 ~6 ~ Undergrouna Telephone F _ G~~..~ ~~ ~Gk Gverhedd Electric __ _ I ~~ GAG I Undergrounc Electric _ _ I Underground Natural Gas _ AS-BUILT CERTIFICATION LEGEND • Rebar/Pipe (found) © Sewer. Manhole Scale: = 60' ! F.B. ~: 95-2 po. 2~+-__ KENAI RECORDING DISTRICT Plat: 9t -47 I Date: t 4 February, 1995 :'own: REW IW.O. # 95007 Disk: D7\Sour SiD INTEGRITY SURV~'Y~' 605 SWIRES DRIVE KENAI. ALASKA 99611 SURVEYORS 283-904? PLANNERS As-9ui!t Certificate I hereov certify that the improvements hereon exist as snown on the following descrioed property. Lot 1 your Subdivision ~enlor Citizen Addition dna that no encroecnmen[s e~._, except os ~ne~coted Exclusion Note It is the responsibility of the Owner to determine the existence of any easements, covenants, or restriction: which do not appear on the recorded subdivision plat. Under no circumstances snouid dnv date Hereon oe used for construction or ror estooiisnind_ oounaerv or fence ones. PropertvAssessment Report Citv of Kenai Generated: 10/08/99 Tax id: 4705507 Lot Size: 1.9400 Acres Assessed Vaiue~ X194400 N JV E S 1:2400 ~~~ ~~~~ GIS • •TAB•E•• CAD FROM AT GE ROAD Owner(s) ~ KENAI CITY OF Property Address 380 SENIOR CT KENAI AK 99611 Mailing Address 210 FIDALGO AVE STE 200 KENAI AK 99611-7750 SENIOR CT cso~; •. G~ r O-A Structures Year Built Area Bedrooms/Bathrooms - NIA - City Zoning GENERAL COMMERCIAL Tax Assessment Legal Description T05N R11W S05 KN910047 SPUR SUB SENIOR CITIZEN ADDN LOT 1 Assessed Structural Value $p Assessed Land Value. $194400 Assessed Special Value. $0 Total Assessed Value. 3194400 Exempt Value $194400 ~~ STAFF REPORT To: Planning & Zoning Commission Date: 10/5/99 Prepared By: JL/mk Res: PZ99-37 GENERAL INFORMATION Applicant: Christina Oberts Alternative Therapies 1500 Chinook Court P.O. Box 77 Kenai, AK 9961 1 Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -Clinical Hypnotherapy Tract E, Leo Oberts Subdivision 1500 Chinook Court 04937003 RR-Rural Residential Residential Low Density Residential General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Applicant proposes to provide clinical hypnotherapy in her home. Appointments will be booked via the telephone. Clients will be seen one at a time and it would be rare that more than one client would be at the residence at the same time. The known exception to this will be the weekly weight loss group. Applicant noted there is sufficient parking to accommodate the groups' vehicles. Applicant has provided a basic site plan that shows there are three rooms that will be used for the business. One room will be used as the office area. The other two rooms will be used for therapy sessions. Square footage of these rooms fits the criteria required by code. PZ99-37 -Comments RECOMMENDATIONS Page #2 Based on the information provided, it appears the proposed business fits the criteria required for a home occupation. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ99-37 2. Application 3. Drawing CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ99-37 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: CLINICAL HYPNOTHERAPY (Type of Permit) OPERATED BY: Christina Oberts LOCATED: 1500 Chinook Ct. -Tract E, Leo Oberts Subdivision (Street Address and Legal Description) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on October 4, 1999. 2. That the application has been reviewed by the Commission at their meeting of October 13, 1999 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 13th day of October 1999. i Chairman: ATTEST: r i v / RF~F HOME OCCUPATION PERMIT ~I/~C~ ~ APPLICATION OCj ~ 4 P~ crn, NNrNG ~F qqT r DATE: l ~ 02 ~ '" 9 ~ MFNt NAME: C Inr i s-~'i v~ o. ~ ~U~t' ~"S PHONE: h O MAILING ADDRESS: -~ ~ ~ ~GX ~ ~7 ~'~e h Q i ~lr PHYSICAL ADDRESS: I.SO O C h i ~~ n o o~ C LEGAL DESCRIPTION: ~a ~°~- ~ o t ~~o ~J~~eY'~s Su~ . _ ~ 10`.x- ~--~ PARCEL NUMBER: '1 ~~'7 LY~_ ~ ZONING: ~~ DESCRIPTION OF OCCUPATION: C~i vi i C c~ ~ {~ ~~ -~ o ~i E' -''~,~ ~~~t~.,yyi os~s, ~o Y' `pG.~ ,rte V'+/~C~.. ~ 4 'e Y~ ~ v~ '}' ~ w 'e \ G~ ~t~ ~ S ~ s ~O ~ S 1 ~-'1 G K i q Q ~~ J ~ E'er ~ ~ .~ G t P~.~-- u.J .tee. ~ .~ °~ o~ ~ t..,J ~ ~ ~ -.~ rt lGS S of ra <u~ ' ~ v ~~, Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: • Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the gross floor azea of all buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot. including the residence and anv accessorystructures. In addition, show oarkin~ areas and traffic aatterns. Clearly mark the_area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building which aze accessory thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Signature: ,l ~ Date: ******** Application reviewed and approved by: Pla ning & Zoning Official Date: / Approved by the Planning & Zoning Commission: Date: 11~~L~L~- ro '~ # r r ? U. *r ' ~ ~. ~~a ~~ t °_ ' ~ t- v- 'ik~~ ~.~r ~ ~f!` .rrr~` 'E+ of ~ ~r! <j ''f ~.~ /~-'~1f 1 ,.fir ~ ~ i. c f ~ ~ ' . ! '~~~ ~,, r ~ ~ , ~t"try~jn~ri y y ~ ~Y ~ ~, a ' , ~T . ~~~µr~ ra'T~t`~ to ~ u_~ ~~- ~~ r y, r Y 3 ~ C' ~ q x"f~ 'ti> - - ~"I ,Fyd,~_ ~fE.~ ~ ~rt4' i,:~'fFdrp,.p: ~' c;~.'~•~t'~c4:}F 1+5 ~~. ~ F ~ ~. 1 tilPi y' ~ / r i _f r .~~ ~ t `y t f '~t7 ~ ~ xr ~ tr ~ _ ~ ~~ b~4~. ~ F ~ ~~' .~ v/ iF~~S . h ~j 1 _ ~ +~'~ t , _ 4;Rµ _ 5 W ~ _ ~I V /~~ ..its' t2 '{1; ~ 'dk. 4 F i 'a ,k f V C a y~r 4 a ~t s s ~ ~r ~ as »'~ + ~ t3f~ k ~~~'} jr # r ~ k +vh _ ~i 4 t4 &~7f~~//~~ v~' ,,frx] .;, ~} r~ ' yl .r . Y. ~~"'~ ~k6 S ':Ft. .r ~.~~ 4Y./ 1a.fc ,'~~~ K , ttk +'~', +n fi r~ i t.ei'x'~. r ~ - .~(' ~y, 3{'L , • ~ ~{,gi~q~j, , .~. ~ ~ ~ ~ e~ }.~C ' i Jv ,J 4 %q~ ~ i J F dr~.7, I r ~ ~. ~ _ 1 ~. ( A '~ m: ~y ,~' r .a ~ ,.r. ~ s. ~ ~ ~~ 7 ~ SJ ' ~ S a ~.' . 4 •1 ,..'fir. ~'~~ ;,, i. y ~ r ¢ ~ `.f . {~,.*.~ + °e + f ~ ~b ~ '~ ~ ~3 t ~ Y t1 ~ ~ ~" i tiS +r k t ~+ x f ?? Irv .et +` f K v ' ~ ~jn }Sk'.I tt~~ _ , Y # r~ ~ yrk ~.~ ~ '+~ ~'• ~ ~' Q ~xl s C~c`r die-tnl -t~~` _ ~t ~ ~ s, i" ~~ ~, y ~~ 4~ WI~!~~~ ~ ~x ' !~ n ~,~ L ~ +4. T ~ y V i ~. i +~ ~ ~ ''7 ~ ..}% r ,. ,y, ~ ,~ gal ~ ~~ ~ . ~. ~,~ ~ ~?~ ~ : y z F ~k x'31 ' ~ .~+- tb•.~~e ~{ ~ ~"~ N ? t {_. .. nrL at,~ `~ '~ t pM.,,~ r~ y ri e { r ', ` 1 ! ~ p ;~~f { ~ 7' f r ~3~~tE,. h F _ ~ ,. ~ ~ ~~ . 3 1 . ~ .. p {h ,Y _, rr~~ ~ ~ - ~~ ~. What is Hypnosis? Hypnosis is a perfectly natural state, It is simply deep relaxation which enables us to bypass the critical part of the mind (the conscious mind) and allows us to reach the subconscious mind. The subconscious mind controls 90 to 95 percent of all of our actions, Arid is a vast storehouse of knowledge, Impulse and experience. Everything you have read, seen, smelled, felt, heard and experienced since birth is recorded in your subconscious mind. The subconscious receives information and impulses without delineating good from bad or right from wrong. The subconscious is where habits, good or bad, are maintained. The more you repeat the habit, the stronger the habit becomes. The good news is that habits can be changed, and hypnosis is, in fact, the simplest, most natural wayto stretch the mind to enhance human potential for personal and professipnal growth.There Is . no other single therapeutic technique that holds so many possibilities. Pain, pleasure, boredom, sadness, Joy, jealousy and anger are all reactions to thought. For this reason, thoughts sometimes will enslave an individual and the awesome power of his mind will turn against him, magnifying his problems instead of helping him to solve them. Hypnosis is the facilitator that allows'the brain's resources to be tapped and efficiently used. With proper guidance, hypnosis allows us to channel enormous energy in a controlled manner to bring about the positive changes you desire... and deserve. Probably the most important thing to remember about hypnosis is that ail hypnosis is self- hypnosis, whetharyouare in the office of a hypnotherapist or listening to atape. The voice on the tapes you will be listening to will act only as a facilitator and guide, while you and your mind do all the work There are five component parts to hypnosis, orself-hypnosis: 1. Motivation 2. Relaxation 3. Concentration 4. Imagination 4. R,epetitlon MOTIVATION Add enthusiasm, not only to your conquest of smoking, but to your entire life. See yourself as being successful in your endeavor, and share your good foRune with others. Dwell on yourtalents and capabilitieg, tf you can see yourself as being successful, your motivation will be Increased. ~~ CITY OF KENAI '- Gil o~ ~1~~~ ~- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1~ I~~I. ,~~ MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 6, 1999 SUBJECT: PZ99-36-Landscape/Site Plan - RPM's Rebuild Mr. Mellish did not submit a revised plan for the above-referenced property. After your meeting on September 22°d, it was discovered that there is a utility easement through the property. I spoke with Mr. Mellish on October 5~' and he stated he was trying to get information on the easement so he could submit an asbuilt for the building permit. The building code would not allow a permanent structure to be constructed over the easement and the revised plan would need to take this into consideration. Mr. Mellish is hoping to have the information in time for the second meeting of the month. ~.~ ~-. :_.. AGENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER 6, 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 (*) 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ~~~~~~1. KT Peters -- KCHS Yearbook Staff /Request for Purchase of Advertising. `-~/~o~ ITEM C: PUBLIC HEARINGS ~~,~,,~ Gl • 1. Resolution No. 99-55 -- Confirming the Assessment Roll on the Crow Court Street Improvement Special Assessment District. 2. Resolution No. 99-56 -- Adopting an Alternative Allocation Method for ~~~°~ ~ ~ the FY2000 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. ITEM D: COMMISSION/COMMITTEE 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 -1- b. Historic District Board c. Kenai Visitors 8v Convention Bureau Board d. Alaska Municipal League Report ITEM E• MINUTES 1. *Regular Meeting of September 15, 1999. 2. *Notes of September 20, 1999 Property Review. ITEM F• ITEM G: OLD BUSINESS 1. Discussion -- Property Use Plans/Tract C, Daubenspeck Property; FAA Tract Property; FAA Football Field. ITEM H• 1. ~ .~- 2. 3. ITEM I• 1. 2. 3. 4. 5. 6. 7. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Discussion -- Dip Net Fishery/ South Beach ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Managers Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -Annual Evaluation of City Attorney and City Clerk. ITEM K• ADJOURNMENT -2- ~~' {~ KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA September 27, 1999 5:30 P. M. Tentative Agenda Members: ~ A. CALL TO ORDER vacant seat Anchor Point B. ROLL CALL Term Expires 2001 ~eroyGannaway C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND Homer city MINUTES Term Expires 2001 John Hammelman 1, Agenda Areawide Term Expires 2002 Ann Whitmore-Painter 2. Member/Alternate Excused Absences Moose Pass Area Term Expires 2000 a. Leroy Gannaway ALTERNATES: 3, MlnuteS Brent Johnson Kasilof Area Term Expires 2000 a. September 13, 1999 Jim Skogstad Hope D. CONSIDERATION OF PLATS Term Expires 2001 1. Alaska State Land Survey No. 99-4; Hope Highway Preliminary; McLane Consulting Group/State of Alaska DNR KPB File 99-151 2. Preferred Contractors Subdivision; Nikishka Beach Road Preliminary; McLane Consulting Group/KPB KPB File 99-152 3. McNeil School Subdivision East End Road, Fritz Creek Drive Preliminary; Mullikin Surveys/KPB KPB File 99-154 RF\ ~'2~~ . t ~~`NI G DFoENAI 4. Four Seasons Subdivision Favretto Replat Lamplight Road & Parsons Avenue Preliminary; Integrity Surveys/Favretto KPB File 99-155 5. Sprucewood Manor Subdivision Addition Number One Miller Loop, east of Cabin Lake Preliminary; Jesse Lobdell/Jones KPB File 99-156 6. Dyer Subdivision Emerald Street, north of Holt Road Preliminary; Jesse Lobdell/Dyer KPB File 99-157 7. Alpine Meadows S/D east of McNeil School & Canyon Revised Preliminary; Roger Imhoff/Schuster KPB File 98-164 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is October 11, 1999 at 5:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. The October 25, 1999 meeting will be held in the AVTEC Auditorium, 519 Fourth Avenue, Seward at 5:30 p.m. ~~ .,-,,> ~~~~ ;•~ ~~ ~ _~,~ KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA September 27, 1999 7:30 P.M. Tentative Agenda John Hammehnan Chairman Areawide Term Expires 2002 Philip Bryson Vice Chairman Kenai City Tenn Expires 2001 Ann Whitmore-Painter Pazliamentazian Moose Pass Area Term Expires 2000 Peggy G. Boscacci PC Member Seldovia City Ternr Expires 2000 ~ vacant seat PC Member Anchor Point Term Expires 2001 Wes Coleman PC Member Soldotna City Term Expires 2002 Leroy Gannaway PC Member Homer City Term Expires 2001 Ellis Hensley, 3r. PC Member Nikiski Term Expires 2002 Lynn Hohl PC Member Seward City Term Expires 2002 Brent Johnson PC Member Kasilof Area Temr Expires 2000 Jim Skogstad PC Member Hope Term Expires 2001 i A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda aze considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no sepazate discussion ofthese 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 regulaz agenda. If you wish to comment on a conserrt agenda item or a regulaz 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 -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews a) Moose Pass; Falls Creek Placer Mining Permit Application; Merrill; AK9908-07AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations -None 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Lynn Hohl 8. Minutes a. September 13, 1999 Plat Committee Minutes September 13, 1999 Planning Commission minutes were not completed in time for packet mailout and will be on the October 11, 1999 consent agenda. D. PUBLIC COM)\'IENT/I'RESENTATIONS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements aze made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate a triangular portion of an unnamed dedicated public right- of-way within Hodgson Subdivision. Portion proposed for vacation is adjacent to the easterly boundary of Lot 9, Hodgson Subdivision (Plat K 1382 Kenai Recording District); and south of Lot 8-A, Hodgson Subdivision No. 4, Hodgson Subdivision No. 4 (Plat 92- 38Kenai Recording District); within Section 30, Township 5 North, Range 10 West, Seward Meridian, Alaska; KPB File 99-131 2. Forest Management Sale Report; Bear Run; East End Road area 3. Forest Management Sale Report, Fritz Creek; East End Road area 4. Forest Management Sale Report, United; East End Road area 5. Forest Management Sale Report, Nikolaevsk; North Fork Road area 6. Forest Management Sale Report, Chakok; North Fork Road area G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Time Extension Request; Vacate portion of Northern Lights Blvd; Between Frontier and Kilowat Avenues north of Soldotna in Ridgeway; Section 20, TSN, R10W, S.M., Alaska; KPB File 98- 153 [Requested by McLane Consulting Group] 2. Review of Draft Ordinance Repealing KPB 2.40.080 "Plat z Committee", Amending Portions of KPB Chapter 20 "Subdivision Ordinance" .and Adopting KPB 2.41 "Plat Committee" I. CONSIDERATION OF PLATS The Plat Committee is scheduled to review seven plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Choose new Plat Committee. The new Committee members will serve October, November, and December, 1999. M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff 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 S'/Z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, 1998. Postponed until brought back to the Commission by staff. Public Hearing; Ordinance 99-01 Enacting Chapter 21.3 0 Providing for the Creation of a Residential Subdivision District Regulating Commercial and Industrial Uses Composed of All Residential Subdivision Districts in the Borough Outside of Home Rule and First Class Cities; carried forward from January 11, 1999 and February 22, 1999 Postponed to October 25, 1999. 4. Public Hearing; Ordinance 99-02 Re-enacting Definitions in Individual Chapters of Title 21 and Adopting a Single Chapter of Uniform Definitions for Title 21; carried forward from January 1 1, 1999 and February 22, 1999. Postponed to October 25, 1999. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet September 27, 1999 in the Planning Department, Borough Administration Building, 144 North Binkley Street, Soldotna, at 5:30 p.m. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is October 11, 1999 at 5:30 p.m., Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. The October 25, 1999 meeting of the Plat Committee will be held in the AVTEC Auditorium, 519 Fourth Avenue, Seward at 5:30 p.m. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is October 11, 1999 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. The October 25, 1999 meeting of the Planning Commission will be held in the AVTEC auditorium, 519 Fourth Avenue, Seward at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIItED Moose Pass Advisory Planning Commission September 2, 1999 Minutes 2. September 17, 1999 Comments from Richard Puringon Regarding Diamond Creek Subdivision 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 September 23 Funny River Advisory Planning Commission October 5 Moose Pass Advisory Planning Commission October 6 Kachemak Bay Advisory Planning Commission October 7 Anchor Point Advisory Planning Commission October 12 Cooper Landing Advisory Planning Commission October 13 Kachemak Bay Advisory Planning Commission October 21 KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING n ASSEMBLY CHAMBERS 'T~ 144 NORTH BINKLEY STREET C~~~ SOLDOTNA, ALASKA A OC~\ l,~~ October 11, 1999 5:30 P.M. ~titi~i~ ~~ Tentative Agenda ~coF~Fti ~F~r A. CALL TO ORDER Members: B. ROLL CALL Peggy Boscacci Seldovia City Term Expires 2000 C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Wes Coleman Soldotna City 1. Agenda Term Expires 2002 Brent Johnson 2. Member/Alternate Excused Absences Kasilof Area Term Expires 2000 a. Peggy Boscacci Ann Whitmore-Painter Moose Pass Area 3. Minutes Term Expires 2000 a. September 27, 1999 1 ALTERNATES: Philip Bryson D• UNFINISHED BUSINESS Kenai City Term Expires 2001 1. Kachemak Selo -Notice of Reconsideration by Commissioners John Hammelman Hammelman/Gannaway Areawide Reconsideration the right-of-way width Tenn expires 2002 KPB Flle 99-145 Jim Skogstad Hope Term Expires 2001 2. Kachemak Selo -Preliminary Plat Location: Kachemak Bay/Swift Creek KPB File 99-145 [Ability Surveys/Reutov] Carried forward from September 13, 1999 Plat Committee meeting 3. Sprucewood Manor Subdivision Addition Number One Miller Loop, east of Cabin Lake Preliminary; Jesse Lobdell/Jones KPB File 99-156 Carried forward from September 27, 1999 E. CONSIDERATION OF PLATS ,a~ ~~: .~~ ~... i;t4 ' r •~Y I~ 1 rf r ,,z ~,f, 4 ~~ Stanley's Meadow 1999 Addition East End Road; east of Falls Creek Preliminary; Roger Imhoff/Jones KPB File 99-160 2. Fred Harbinson Memorial Recreation Area No. 2 south of Ohlson Road, west of Skyline Preliminary; Roger Imhoff/Kachemak Ski Club KPB File 99-162 3. McCaughey S/D Parker Addition; southwest of Cabin Lake Preliminary; Johnson Surveying/Parker KPB File 99-161 4. Koala Acres S/D Yearsley Addition; Georgine Lake Preliminary; McLane Consulting Group/Yearsley KPB File 99-165 5. River Vista S/D No. 3; Soldotna City Preliminary; McLane Consulting Group/Baughman KPB File 99-166 6. Bayview Gardens Addition #8; Homer City Preliminary; Stan Sears & AssoGEffler KPB File 99-167 7. McNeil School Subdivision East Road, Fritz Creek Drive Preliminary; Mullikin Surveys/KPB KPB File 99-154 F. SPECIAL CONSIDERATIONS Review of Draft Ordinance Repealing KPB 2.40.080 "Plat Committee", Amending Portions of KPB Chapter 20 "Subdivision Ordinance" and Adopting KPB 2.41 "Plat Committee" G. ADJOURNMENT The next regularly scheduled Plat Committee meeting is October 25, 1999 at 5:30 p.m. in the AVTEC Auditorium, 519 Fourth Avenue, Seward at 5:30 p.m. - r~ .i KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBL ~'~ Y CHAMBERS ~ 144 NORTH BINKLEY STREET OcJ, SOLD ~' OTNA, ALASKA ,o .~\ \ ff c ti ~ LS` ~`~ •1, ~2 0 ~ October 11, 1999 7:30 P.M. F c A ` 2 Tentative Agenda ~'Qr~ F ti A. CALL TO ORDER John Hammelman Chairman B. ROLL CALL Areawide Term Expires 2002 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSE'~T Philip Bryson Vice Chairman AGENDA Kenai City Term Expires 2001 All items on the consent agenda aze considered routine and noncontroversial by the Planning Commitieion and w•i l l Ann Whitmore-Painter 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 a e d d Parliamentarian Moose Pass Area g n a an considered in its normal sequence on the regular agenda. Term Expires 2000 If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please Peggy G. Boscacci advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. PC Member Seldovia City Term Expires 2000 1. Time Extension Requests vacant seat PC Member a. Whis er Lake S/D Miller Addition p Anchor Point Term Expires 2001 Location: North of Sterling Highway, between DeVille wes Coleman Road and Whisper Lake; KPB File 98-162 [Requested by PC Member Swan Surveying] Soldotna City Term Expires 2002 b. Nash Road ROW Acquisition Plat Leroy Gannaway PC Member Location: East side of Resurrection Bay within the City of Homer City T E i Seward; KPB File 97-151 [Requested by KPB Planning erm xp res 2001 Department] Ellis Hensley, Jr. PC Member Nikiski 2. Plats Granted Administrative Approval Term Expires 2002 Lynn Hohl 3 . Plats Granted Approval Under 20.04 070 PC Member . Sewazd City Term Expires 2002 4. Plat Amendment Requests -None Brent Johnson PC Member 5. Coastal Management Pro ram Kasilof Area g Term Expires 2000 a. Coastal Management Program Consistency Reviews -None Jim Skogstad PC Member Hope b. Conclusive Consistency Determinations Received from Term Expires 2001 DGC -None ,.4Y ``. c. Administrative Determinations -None '~ 6. KPBPC Resolutions -None :~ e'` 7. Commissioner Excused Absences a. Peggy Boscacci 3.F ' . ° 8. Minutes ~, . a. September 13, 1999 Planning Commission Minute. b. September 27, 1999 Plat Committee Minutes c. September 27, 1999 Planning Commission Minutes D. PUBLIC COMNIENT/1'RESENTATIONS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Proposed Street Re-name; Hilding Street to Hilltop Road; Norman K McGahan Homestead Tracts, Wolding's Tract Subdivision; south of North Kenai Road, northeast of Lamplight Road 2. Point Possession Subdivision: Development and Disposal Plan 3. Homer Comprehensive Plan Update G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate utility easements within Lots 3 thru 6, Block 2, Four Seasons Subdivision Part One (Plat 84-325 Kenai Recording District). Easements petitioned for vacation are the twenty foot easement centered on line common to said Lots 3 and 4; The twenty foot easement centered on line common to said Lots 4 and 5; The twenty foot easement centered on line common to said Lots 4 and 6; and, The twenty foot easement centered on line common to said Lots 5 and 6. Said easements were granted by note #7 on the subdivision plat. Being within Section 17, Township 7 North, Range 11 West, Seward Meridian, Alaska; KPB 99-159 z H. SPECIAL CONSIDERATIONS Plat Waiver Applications a. Rhonda Orth; Section 36., T1S, R12W, S.M., AK, Caribou Hills area; KPBPC Resolution. 99-43; KPB File 99-164 b. Lawrence C. Meyer; Section. 28., T3N, R11 W, S.M., AK; east of Pollard Loop; KPBPC Resolution 99-44; KPB File 99-163 I. CONSIDERATION OF PLATS The Plat Committee is scheduled to review one reconsideration of a right-of--way width, nine plats, and a draft ordinance. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff 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 S'/z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, 1998. Postponed until brought back to the Commission by staff. 3 . Public Hearing; Ordinance 99-01 Enacting Chapter 21.3 0 Providing for the Creation of a Residential Subdivision District Regulating Commercial and Industrial Uses Composed of All Residential Subdivision Districts in the Borough Outside of Home Rule and First Class Cities; carried forward from January 11, 1999 and February 22, 1999 Postponed to October 25, 1999. 4. Public Hearing; Ordinance 99-02 Re-enacting Definitions in Individual Chapters of Title 21 and Adopting a Single Chapter of Uniform Definitions for Title 21; carried forward from January 11, 1999 and February 22, 1999. Postponed to October 25, 1999. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet October 11, 1999 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, at 5:30 p.m. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is October 25, 1999 at 5:30 p.m. in the Alaska Vocational Technical Center (AVTEC) Auditorium, 519 Fourth Avenue, Seward at 5:30 p.m. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is October 25, 1999 at 7:30 p.m. in the AVTEC auditorium, 519 Fourth Avenue, Seward at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kachemak Bay Advisory Planning Commission September 23, 1999 Minutes 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 Funny River Advisory Planning Commission October 5 Moose Pass Advisory Planning Commission October 6 Kachemak Bay Advisory Planning Commission October 7 Anchor Point Advisory Planning Commission October 12 Cooper Landing Advisory Planning Commission October 13 Kachemak Bay Advisory Planning Commission October 21 S~ S^ •~ r O ~l 0 N U h A W r~ W W "', ,O .: v h d a 0 ~~ N N N rn > > > > > v > > 0 o y_ 0 0 0 0 0 a a o a a a ~ ~ ~ ~ ~ _ ~ m n ~ M ~ N ~ °~ N N N n n rn n o n © w c O .~ ~C .~ Q N 01 C f6 L U a~ f0 Z N ~n M a~ Y U ~ ~ _ a a' C U ~ C_ C_ N ~ ~ C ~ 0 a~ f0 N N C '~ L ~ U Z a> ~ U N N Q ~p U ~ ~ ~ 'Y ~ U y ~ N T ~ Q = N Nl N N N q) N C C C ~ fq m ~ V1 m ~ y m Y ~ O ~ O O ~ ,p NL ~ a~ f gL ~ a~ N m N v~ CO L ~z ~ G ~ ~ ~ p Z= w0 G Y ~ ~ 'won ;ua 'm °o c O a.~ a.~ Q'm lL rn rn rn rn a l` N L 0 c T N = O U ~ C O U rn rn N .~ ti ~ ~ ~ U ~ ~ o 's ~ a ~ ;r:, ... ~ ~ ~ .,. ° ~ O .., ~ ~ ~ ~ vim, ~~ wa ~~ ~ rn rn rn a a ti O d s 0 ti V h A W F7Y N W .0 H ti O 0~'i 0 ~I > ~ O o n n Q Q N 00 CO N N ~ ~ ~ O t w V1 O N C t ~_ 1. y y Q `> Y ~ ~ w C 7 ~ ~ w ~ J 3 z c v~ T c r ~ Y Q VJ Y V l6 N N ~ N {0 } C ~ O1 N f0 CO N ~ ~ ~ rn rn rn N N m a a a n 0 O d ~ CS 'zt h ~~ .~ U U y y o ° o N y 3 o , o ,~ ~ rN a a o d fN C N fl ~ •O• N O N~ Y a p w C 0 ~ N N N O J O n f 0 3 > E~ O~ Z . p . 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ADMINISTRATIVE APPROVAL Subdivision: Windhaven Estates Phase 2 KPB File 98-124 MIKE NAVARRE MAYOR The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat. Administrative Approval has been granted by the undersigned on September 27, 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. ~~ ~;_~ Mary T Acting Platting Officer NOTARY ACKNOWLEDGEMENT: Subscribed and sworn before me this ~1~ of Public for State of Alas My Commission Expires: ~-~ (~-D3 day of ~eP~~rv~be ^c` , 1999. NOTARY PUBLIC STATE OF ALASKA MARIA E. SWEPPY SURVEY FIRM. 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" .O 'O N ~ •~ ^p > ~ ~ ~ ~ ~ "~" A w ° ~ Fo y 'Ct W a. ~+ ~ Q' rn U ,.p . V ~ w .Y y U ~ ,D '.~ '" O • bOy10 OC '~ by aVi C OC ~ `~ w Oa ~ abi ~ '~ cis a a ~°' ~ ~ M ~ F O o '~ ~ -o '~ ~ •v ~ ° °~' ~ 'o ~ ~ o`. ~ ~ ~ a ~ ~ a°i ~ ~ o c ~ a" ~ a~ ~ U N cp ~ c ~ a. ~ 'ro a a~ 3 °' -o ~ a~ M ° ° ~ ~ a. a~ ~ c ~ c a 3 a o .c '~ •~ ~ ~a o ~ ~ ~ q o `` o ~ ~ 3 ~, •~ > c° ~ o ~ a ~ ~ a 3 E .., o -° ~ o o Y o b 3 0..~ ro ~ ,~ 3 ° '~ ~ ~ ~ ,o .~ ~ ~ ,~ e[a .u W a ~ ,~ ocn -° ,~ o ° °c° ~ '~ ° ~ '~ x bA bA a~ a~ •; a~ b ~ ~ g •n .~ ~ ° ~ . ~ C w ~ Ct ~ Z Cl. ~ F"' •U cd F"' ~ 3 C C .~ ~ ~;, C ~ «~ .~ 'O .C C ~ a ~ ~ O .C w In a .~. c s v o y ~ as ° ~.°c .° °? a>i ~ 'o ~.-~ ~ c °: '"'~ w o ~ o a ~' °- E-~ a~ ~ =' .- > F" c (/~ ~~ KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 •~. `~„-~ MIKE NAVARRE MAYOR September 15, 1999 To: All Surveyors Cities of Homer, Kachemak, Kenai, Seldovia, Seward & Soldotna From: Robbie Harris, Platting Offices ,~~"`~I Kenai Peninsula Borough Topic: Kenai Peninsula Borough Ordinance 99-43 AN ORDINANCE AMENDING THE KPB CODE TO PROVIDE THAT APPEALS FROM DENIED VACATION PETITIONS SHALL PROCEED TO COURT Copy of referenced ordinance, amending 20.28.110, Borough Code of Ordinances, is attached for your use and information. Please note that the ordinance became effective upon enactment on the 7~'' of September 1999. R~cF~~F ,sue , O ~f ~ c,~,,, Introduced by: Date: Hearing: Action: Vote: Reconsideration: Action: Action Date: Vote: KENAI PENINSULA BOROUGH ORDINANCE 99-43 Drathman 07/13/99 08/17/99 Defeated 4 Yes, 3 No, 2 Absent Filed by Popp Enacted as Ametsaed 09/07'99 6 Yes. 3 do AN ORDINANCE AMENDING THE KPB CODE TO PROVIDE THAT APPEALS FROM DENIED VACATION PETITIONS SHALL PROCEED TO COURT WHEREAS, KPB 20.28.110 provides for an administrative appeal of the denial of vacation petitions; and WHEREAS, such appeals are not required to be heard administratively and can consume significant resources and time; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. KPB 20.28.110 is hereby amended as follows: 20.28.110. Action after denial of vacation petition. A. [UPON D] Denial of a vacation petition[,] is a final act for which no further consideration shall be given [UNLESS THE DENIAL IS APPEALED BY THE PETITIONER TO THE CITY COUNCIL IF THE VACATION LIES WITHIN THE INCORPORATED CITY BOUNDARIES OR TO THE ASSEMBLY [F THE VACATION LIES OUTSIDE THE BOUNDARIES OF AN INCORPORATED CITY. THE APPEAL SHALL BE FILED IN WRITING WITH THE APPROPRIATE MUNICIPAL CLERK WITHIN 8 CALENDAR DAYS OF THE PLANNING COMIvIISSION ACTION. THE APPEAL SHALL BE CONDUCTED AS A PUBLIC HEARING AND NOTICE PROVIDED AS REQUIRED UNDER SECTION 20.28.080. ADVERTISING AND NOTICE FEES FOR THE APPEAL SHALL BE AS REQUIRED BY EACH CITY COUNCIL OR BY THE ASSEMBLY AS APPROPRIATE. THE MUNICIPAL CLERK SHALL NOTIFY THE PLANNING COMMISSION OF THE FINDINGS OF THE COUNCIL OR ASSEMBLY REGARDING THE APPEAL SO THAT FURTHER ACTION CONCERNING SURVEYING AND Kenai Peninsula Borough, Alaska New Text Underlined: (DELETED TEXT BILICKETEDJ Ordinance 99-43 Page 1 of 2 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'illi- ~~_ TO: Kim Howard, Administrative Assistant FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 14, 1999 SUBJECT: Lot 1, Spur Subdivision, Senior Citizen Addition The Planning & Zoning Commission discussed the request for the above-referenced land sale. They determined that the land was not needed for public use and recommended that the land be made available for sale. They did question if the Parks and Recreation Commission would have an opportunity to review the request. It was noted that the code did not require.that they review the request. At their request, I have sent a memo to the Parks and Recreation Commission noting that Council will be reviewing the request and sent a copy of the information provided to the Planning and Zoning Commission. CITY OF KENAI ,- Gil ~ y4~~~ ~- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 l~~ I`!~. ,~: MEMO: TO: Parks & Recreation Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 14, 1999 SUBJECT: Lot 1, Spur Subdivision, Senior Citizen Addition Attached is information regarding a request for the sale of the above-referenced property. The Planning and Zoning Commission reviewed the request at their meeting on October 13th and asked that you be made aware of the request. The Planning & Zoning Commission determined that the land was not needed for public use and recommended that the land be made available for sale. The request will be placed on the Council's consent agenda at the October 20th meeting and a public hearing will be held on November 3rd. If you have comments about this request, you should attend the Council meeting on November 3rd Attachment CITY OF KENAI f~ „ G~ ~ y4~~~ ~, ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~~ / \ III'. ~~c ern. s ~%F orate u F~ o m ~, ``~~~A~~ ~`~ Date: September 22, 1999 ~~iyco~A~N ~'9T ~ To: Kenai Planning and Zoning Commission 'yF,yr From: Kim Howard, Administrative Assistant RE: Lot 1, Spur Subdivision, Senior Citizen Addition In December of 1983 the City received a deed from the Federal Aviation Administration allowing the lease or sale of the above referenced property. Lot 1, Spur Subdivision, Senior Citizen Addition is a 1.94 acre parcel located in front of the Senior Citizens Center. The site was formerly leased to The Continuum Corporation for the construction of an assisted living facility. That lease was terminated in May of 1998. The City recently received a request asking that the property be made available for sale. 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 attached draft ordinance and map and make a recommendation as to whether the parcel is needed for a public purpose or whether it should be made available for sale. Your recommendation will be passed on to the Council for the October 20~ meeting. Attachments Cc: Dr. Zirul, d/b/a Peninsula Ear, Nose, and Throat Clinic /kh Suggested by: Administration ~~ CITY OF KENAI ORDINANCE NO. -gg AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED AIRPORT LAND, DESCRIBED AS LOT 1, SPUR SUBDIVISION, SENIOR CITIZEN ADDITION, IS NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai owns the property identified as Lot 1, Spur Subdivision, Senior Citizen Addition; and WHEREAS, the City has received a request asking that the referenced property be made available for sale; and WHEREAS, the City Administration recommends the property be made available for competitive bid sale at not less than the fair market value; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; and WHEREAS, the Kenai Planning and Zoning Commission has reviewed the attached map and has determined that the property is not needed for a public purpose and recommends the property be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned Airport land, described as Lot 1, Spur Subdivision, Senior Citizen Addition, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of November 1999. ~~ ~~ JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 20, 1999 Adopted: November 3, 1999 Effective: December 3, 1999 (9/22/99)kh I / / / \' Note: ~/J /~/ ~ 1 ~ ~ ~n 10 leer of the bw~tlmq selDack ~ 1 ~ ~ ~/ ~Q ~ aopeent to Right-of-woes s Pi , ~ ~ \~ reservetl for uUUty easement. ~~ ~ so tie ~ / p . ~ / ~,,r, V%' 0 5 ~5% N ~~ I ~ ~ ! ~a `~t~~' i ~ j ~ s, \v~ ~' I I i ~ // ~~ ~ ~ -.,, \~ ~ G~ d ~I \ ~~ -~ \ ~O// \\ O ~ \ 4 ~9 ~ ~ ~~. \ d \ r- ~ 11 \ 6 _ ` ° sign ~ .~ ~ ~~ \~ l .~ ~ ~ .~ a O \ d 9 ~ N~ ~J ~ ~ e a co ~I '~ ~ Z ~n1 I ¢ ~ PrI w N . /~I •"~ ' c ~~: ~, Lot 7 Pr ~~ (, ' .' ~ /~ to ~7' to w iY Q ~ / P ., ~i~E~ ti I ~. - E t--- i E - tltl S? It W ~ NOTE: The City Engineer has placed water and sewer -``- main locations on this ~- - . as-built survey. ~.JJiABNJL~d~bOCJOr' `~ t35 0 c;~ '3~' ~ LINE ' ~GEND ,Lp~6 ~ ~ Undergrouna Telephone a p- O~ ~Gk Overneod Electric ~,_ _ ~~G~d Undergrouna Electric r I I Undergrouna Natural Gas G AS-BUILT CERTIFICATION LEGEND As-9ui!t Certificate ~ Rebor~Pipe found) I hereov certify that the improvements Hereon exist as shown on the following oescrioed property. Qs Sewer Manhole Lot t Scale: = 60' ~ F.B. ~: 95-?, pp. 24-?~ Sour Subdivision KENAI RECORDING DISTRICT Senior Citizen Addition ' ana snot no encroocnments eA:_=t exceet as incicated. Plat: 91-47 (Date: 14 February, 1995 -awn: REW W.O. ~ 95007 Disk: D7\Sour SiD Exclusion Note: It is the responsibility of the Owner to determrne the INTEGRITY SURVEY' existence of any easements, covenants, or restrictions 605 SWIRES uRIVE which ao not appear on the recordee subdivision plat. KENAI, ALASKA 99611 Under no circumstonces snowa any Gate Hereon pe used for construction or ror estoblishine_ oounaerv or SURVEYORS 283-9047 PLANNERS fence lines. Propertv Assessment Report City Ofi Kenai Generated: Tax id: 4705507 Lot Size: 1 9400 Acres Assessed Value $194400 N JV E S 1:2400 __ i~~s ~~~ GIS • •TAB•E•• CAD FRONTAGE ROAD Owner(s) ~ KENAI CITY OF Property Address ~j 380 SENIOR CT KENAI AK 99611 Mailing Address 210 FIDALGO AVE STE 200 KENAI AK 99611-7750 SENIOR CT. s ~. -oG~;. ~L ~~ks o-~ Structures Year Built Area Bedrooms/Bathrooms - N/A - City Zoning GENERAL COMMERCIAL Tax Assessment Legal Description T05N R11W S05 KN910047 SPUR SUB SENIOR CITIZEN ADDN LOT 1 Assessed Structural Value $0 Assessed Land Value. $194400 Assessed Special Value. $0 Total Assessed Value. $194400 Exempt Value $194400