HomeMy WebLinkAbout2001-02-14 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
February 14, 2001- 7:00 p.m.
http a/www, c i, kenai. ak. us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: January 24, 2001
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 CC~11!~MENT:
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS: •
a. PZO1-07---A resolution of the Planning and Zoning Commission recommending to the
Council of the City of Kenai, Alaska, that the Development Requirements Table be
amended by adding the requirement that front yard setbacks be measured from the right-
of-way or access easement.
5. OLD BUSINESS:
6. NEW BUSINESS:
7. PENDING ITEMS:
8. CODE ENFORCEMENT:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED;
1 i. INFORMATION ITEMS:
a. Ordinance No. 1895-2401-Requesting that Land, Water and Conservation Fund
Planning & Zoning Commission
Agenda
Page 2
February 14, 2001
restrictions be released from city-owned property described as the F.A.A. Football Field
and transferred to a tract on the Kenai River.
b. Planning and Zoning Commission Roster
c. Kenai City Council Raster
d. KPB Plat Committee Action -White's Winter Wonderland Preliminary Plat
e. "Zoning Bulletin" -January 25, 2001
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
January 24, 2001 - 7:00 p.m.
http:llwww.ci.kenai.ak.us
1. CALL TO ORDER:
a. Roll Call
b. Elect Chair & Vice-Chair for 2001
c. Agenda Approval
d. Approval of Minutes: January 10, 2401
e. 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. PZ01-02-An application to modify Conditional Use Permit PZ00-11 from Cabin
Rentals to Hotel and add Guide Service for the property described as Lot 4, Block 2,
Anglers Acres Subdivision, Addition No. 1, 1350 Angler Drive, Kenai, Alaska.
Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK
99611.
b. PZO1-03-An application for a Conditional Use Permit for Office & Retail Space, Guide
Service and Hotel for the property described as Tract A-lA Cone Tracts A-lA & A-1B,
2880 Beaver Loop Road, Kenai, Alaska. Application submitted by Michael Kent, dba
Alaska Lodge, P.O. Box 3033, Kenai, AK 99611.
c. PZO1-04-An application for a Conditional Use Permit far Guide Service and Food
Service for the property described as Tract 3, Anglers Acres Subdivision, Lowe Addition,
1600 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska
Lodge, P.O. Box 3033, Kenai, AK 99611.
d. PZO1-OS An application to transfer Conditional Use Permit PZ96-37 from Brian Lowe
to Michael Kent and to modify the permit from Lodging to Hotel for the property
described as Tract 2, Anglers Acres Subdivision, Lowe Addition, 1530 Angler Drive,
Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box
3033, Kenai, AK 99611.
5. OLD BUSINESS:
6. NEW BUSINESS:
a. *PZO1-06-Home Occupation Permit--Day Care-Application submitted by Rachel
Pugh, b06 Laurel Drive (Lot 10, Block J, Woodland Subdivision), Kenai, Alaska.
b. PZO 1-07-A resolution of the Planning and Zoning Commission recommending to the
Council of the City of Kenai, Alaska, that the Development Requirements Table be
amended by adding the requirement that front yard setbacks be measured from the right-
of way or access easement.-Discussion
7. PENDING ITEMS:
8. CODE ENFORCEMENT:
9. REPORTS:
a. City Council
b, Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED;
11. INFORMATION ITEMS:
a. "Zoning Bulletin" -January 10, 2001
b. Resolution No. 2001-5 Transferring $1000 to P&Z travel for Planning Commission
training
c. CLG Annual Report Information
d. Kenai River Bridge Access Road Pathway Project Information
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING 8a ZONiNG COMMISSION
KENAi CITY COUNCIL CHAMBERS
January 24, 2001 - 7:00 p.m.
MINUTES
ITEM 1: CALL TO ORDER
Chairman Carl 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, Mike Morse, and
Amy Jackman
Members Absent: Donald Erwin
1-b. Elect Chair & Vice-Chair for 2001
Election of Chair
Chairman Glick handed the gavel over to Vice-Chairman Bryson. Vice-Chairman
Bryson opened the meeting to,nominations for Chairman.
MOTION:
Commissioner Glick MOVED to nominate Commissioner Bryson as Chair and
Commissioner Goecke SECONDED the motion.
MOTION:
Commissioner Jackman MOVED to nominate Commissioner Goecke as Chair
Commissioner Morse SECONDED the motion.
With no further motions the nominations were closed. Vice-Chair Bryson asked for a
closed vote. Ballots were handed out to the commissioners and voting took place.
Results were:
Commissioner Bryson 2
Commissioner Goecke 4
Vice-Chairman Bryson handed the gavel aver to Goecke and he assumed the duties of
Chairman for the Planning and Zoning Commission.
Election of Vice-Chair
Chairman Goecke opened the floor for nominations for Vice-Chair.
MOTION:
Commissioner Morse MOVED to nominate Commissioner Jackman as Vice-Chair and
the motion was SECONDED by Commissioner Nord.
MOTION:
Commissioner Nord MOVED to nominate Commissioner Bryson as Vice-Chair and the
motion was SECONDED by Commissioner Glick.
A closed vote commenced and the results were:
Commissioner Bryson 4
Commissioner Jackman 2
Commissioner Bryson will remain Vice-Chairman for the Planning and Zoning
Commission.
1-c. Agenda Approval
MOTION:
Commissioner Nord MOVED to approve the agenda adding the documents provided
prior to the meeting and requested UNANIMOUS CONSENT. Commissioner Morse
SECONDED the motion. There were no objections. SO ORDERED.
1-d. Approval of Minutes: January 10, 2001
MOTION:
Commissioner Bryson MOVED to approve the minutes of January 10, 2001 and
requested UNANIMOUS CONSENT. Commissioner Morse SECONDED the motion.
There were no objections. SO ORDERED.
1-d. Consent Agenda
MOTION:
Commissioner Jackman MOVED to approve PZ01-06 and Commissioner Glick
SECONDED the Motion. There were no objections. 30 ORDERED.
ITEM 2: SCHEDULED PUBLIC COMMENT
Mayor John Williams spoke to the Commission about the upcoming Economic Forum
scheduled far February 3, 2001 and what the City Council hoped to achieve. The
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 2
Commission was encouraged to attend and participate. Mayor Williams also
presented each Commissioner with a book entitled, "Who Moved My Cheese" and
asked they read the book before the Forum.
ITEM 3: CONSIDERATION OF PLATS -- None
ITEM 4: PUBLIC HEARINGS
4-a. PZO1-02-An application to modify Conditional Use Permit PZ00-11 from
Cabin Rentals to Hotel and add Guide Service for the property described
as Lot 4, Block 2, Anglers Acres Subdivision, Addition No. 1, 1350 Angler
Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska
Lodge, P.O. Box 3033, Kenai, AK 9961 I.
MOTION:
Commissioner Bryson MOVED to approve PZO1-02 and Commissioner Glick
SECONDED the motion.
Chairman Goecke opened the"public hearing and requested testimony be limited to
three minutes. Commissioner. Glick served as timekeeper.
VERBATIM BEGINS
Jim Krein, 365 Dolahok Lane, Kenai, Alaska -Since these are all inter-related
could we not consider them all at one time or would it be... proper... to go...
Chairman Goecke: You... you could make your statement...
Krein: Um-mm.
Goecke: ...ah... f... and for and/or against ah, the four of them, however, we have to
take them individually.
Krein: Okay. Um, I ah.. , seem to echo the ah, feelings of ah, Michael and ah, Judy
Blair on this issue. Ah, many of the residents, time and time again, have come before
Planning and Zoning, the City Council, concerning the issue of rural residential, ah,
which we are zoned, which these properties ah, permitting that has gone on before,
conditional use has been ah, either ah, neglected, ah, conditions of those permits have
not been ah, met by the individuals that have been granted those, ah, we have here
ah, an individual that wants to bring hotels, according to this, the word hotel is used,
especially in PZO1-04, ah, guide services, food services... many of the individuals in
this area, various subdivisions purchase property with rural residential in mind, built
homes, raised their family there, the road through there is a State road, I... I see that
degrading to the point of a road that went through to Woodland Subdivision, State
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 3
maintained, we have ah, currently dump trucks driving up and down there degrading
the road. This would just ah, continue to add more traffic and ah... I believe
degradation of that road system there. Ah... I do not think these should be approved.
It appears these were submitted over the Christmas holiday, here we are ah, three
weeks later ah, of constructive: ah, time to look at this to see if this is really in the best
interest of that area and that... the citizens that continually say, "hey, we want rural
residential as it is zoned, please do not allow individuals to come in and slowly chip
away at that zoning. Ah, conditional use permits were... ah, issued to previous owners
here and now they're asking to amend those to a further degree. Ah, I just feel we
should... we should ah, not entertain ah, issuing these permits far these uses. Thank
you.
Goecke: Anyone else in the public?
Kurt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska -and ah, (pointing at the map
behind the podium) I take this as the zoning legend and what we're ascertaining is to
sprinkle this with different colors, I think that's what this means and ah... I agree with
ah, my neighbor Jim, that this is ah, gonna chip away at the integrity of ah, rural
community and I'm not to worried, I'm sure that this person could make this look like
a guide service and a small hotel but what about the future, ah, this is also something
we should look at in the comprehensive plan that the... the Mayor talked about... but
ah, I don't see a... (pointing at map again) a color here for a casino but that could
probably go right about here. What about the future if there's a hotel here, (pointing
at map) and a hotel here, um... couldn't this become like a little strip mall, that's what
I'm worried about. Um, I'm not too worried about a guide service but.. , this person
may be in this to turn a profit sometime in the future and who knows who he's going
to sell it to. And we're... we're basically just opening a door for ah, a degradation of
this community and ah, I'm against all... all four of these.
Goecke: Anyone else?
Lloyd Richardson, 495 Dolchok Lane, Kenai, Alaska - Ah, again in the same
neighborhood. I have ah, many different concerns about rezoning this ar giving this
so-called conditional use permits. Um, I think until the City has a wherewithal to
enforce a conditional use permits that are already existing and are being grossly
overrun then they shouldn't issue anymore. An excellent example is the ah, where
Faster Construction wanted to put in the gravel pit, if I recall right, it was for one
million yards. They've taken out about 4 million yards and have, essentially created
lakes. No one has done anything on this conditional use permit and except for extend
it is the way it looks to me. So I believe, until ah, efforts are made to enforce the
conditions of these so called conditional use permits then ah, that should... that
should stop. As far as putting motels in here, um, the Kenai River, as of course we're
all aware, is probably the primary attractant to this area. Ah, the weather certainly
isn't, you know, people aren't laying on the beach up here and if we put in a motel up
here what are the long term plans of the City for water, water quality, wetlands
PLANNING & ZONING C4MMISSI~N MEETING
JANUARY 24, 200].
PAGE 4
control, caribou migration and all of those issues. Um, I would suspect that ah, if,
based on what most definitions are of the hotel and motel where you have higher
density, more ah, vehicle traffic that's going to have a detrimental affect on the water
quality in that area as well as the wetlands and the caribou migration area. The ah, it
is zoned rural residential, many of us bought there because it was rural residential, we
bought in areas where there are covenants in the area so you don't have ah, light
industry if you want to call it that and that's essentially what a motel is, in the area.
Um, I think that ah, it's kind of a slap in our face and should be an embarrassment to
the Planning Committee if they allow it so to change things around in rural residential
areas just so that they can get another buck in the community. Why not put it on city
lands like right on Marathon Road? Where you already have an infrastructure in
place for sewer. What are you going to do with sewer? They... they bypassed Beaver
Loop already with the sewer line and went up to ah ,Strawberry but they haven't come
the other direction, what are we going to do with all the extra sewage that's going into
the ground right adjacent to the river? And what affect would that have on the Ke...
on the ah, salmon? I think those jet... questions need to be considered.
Goecke: That's it.
Richardson: Okay. Thank you. Please give them consideration.
Goecke: Anyone else?
Laura Sievert, 3329 Beaver Loop Road, Kenai, Alaska - Um, this isn't the first time
that I've stood here before this commission um, along with my neighbors talking about
exactly the same thing and that is the attempt to chip away at the rural residential
zoning on um, Angler and Beaver Loop. Um, Mr. Richardson was talking when his
time ended about one of my main concerns and that's the water urn, in that area.
Um, I don't know if the person develop... um, thinking of this development has really
looked into that but digging a well and having septic system on Beaver Loop is not
necessarily that easy of a proposition and anyone that lives down Angler will tell you,
you know, what they had to go through to... to comply with um, regulations in order to
have a septic system, so ah, water overflow effects on Angler.. , um, on Beaver Creek
and on the river to me are big concerns. I don't feel that hotels, offices, retail
establishments belong on Beaver Loop anymore than they do in VIP Subdivision and...
what I do think though is that downtown Kenai has plenty of space for development
like this. We have lots of empty space, we have lots of empty buildings and what I
wish is that the Planning Commission and the City of Kenai. would put more thought
and more energy into revitalizing our downtown area and making it a place where
people want to come and shop instead of chipping away at the forests around Kenai to
make small commercial developments. Thanks.
Goecke: Anyone else?
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 5
Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska - I'm probably the closest
neighbor to the... ah, commercial building... that's what was a commercial building
there on Beaver Loop Road that's no longer a commercial building. Ah, I guess that
my only concerns that I have ah, and... and would like to voice with the Zoning
Committee here is that, and I'm probably referring more to 03 than anything which is
the building there on Beaver Loop. Um, is it ah, my question is that there... there's no
recommendations from the City having to deal with the septic system. Ah, we don't
have any type of public water system down there, um, there's ah, actually no reference
in the City codes as to the definition as to the size of what a motel could be. Ah,
there's ah, to many questions. Ah, basically what it seems like happens down in the
Beaver Loop area is that conditional use permits are applied for, buildings change
hands, properties change hands, people continue to extend things, ah, things that use
to be at open lo... lot or parking area are now ah , a... storage yard that becomes
available to anyone to store anything that they find fit to put there, ah, this is a low
density residential neighborhood and that is really what Beaver Loop represents is
probably some of the quaintest area in Kenai down along the river and we're just
continuing to develop it, we're continuing to make the... ah... an obvious necessity for
the City is gravel to make the pits bigger and bigger ah, that opens the area, it creates
more sound, more dust pollution... the septic systems are ah, very much a problem
down in the... in the Beaver Loop area because of it's right on the wetlands. This
property is right adjacent to the wetlands, it has State property that's right beside it, it
has municipal property that's right beside it, I question the people tromping across
that property to go in between these locations and exactly what is the size limit of
maybe a motel? I mean, if there's a more distinct definition provided by the City on
what these axe, then I think people would be more acceptable to them but when you
start talking hotels people have different images of what it is. Are these going to be
ah... is the food service going to be open to the general public or is it mainly for the...
the people that maybe staying in the motel? What exactly is... is the intentions?
Goecke: Okay, time.
Campton: Thank you very much.
Goecke: Anyone else wishing to speak?
Dave Knudsen, 4460 Beaver Loop Road, Kenai, Alaska -kind of in a... little bit of a
dilemma here because I've gotten to know Mr. Kent this year and ah, he's ah... L.. I've
seen... I like him and I've... what L.. how I see him interact with ah, his kids L.. I'm, I
don't know, little bit apprehensive about coming up here but I do live in... on Beaver
Loop and I am concerned about the um, rural residential zoning that's ah, yeah,
questions about the... you know what's in... what's the future? What do you foresee
the future of that particular area and given that it's ah... you know, water quality and
other comments. So, thank you.
No other speakers, the public hearing was closed.
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 6
VERBATIM ENDS
Kebschull noted this particular permit was an occupation of a permit received Last
year and the public probably wasn't aware the code did not cover every use. The city
attorney advised that the term "hotel" be used as it would allow day lodging and/or
food service. Kebschull continued, since Mr. Kent wanted to provide food service in
his cabins, the term "hotel" was incorporated to allow that service. Kebschull further
noted the permit didn't create any additional use other than the guide service and that
would be mare handled over the phone.
Commissioner Bryson noted this area had been an area of concern for quite some time
and it had been evolving toward arecreational/commercial, however, there never had
been a request or proposal by the residents living in or occupying the area to change
the zoning. Bryson continued, the Planning Gomrnission or the City Council hadn't
proposed that zoning for the area, but since there were so many businesses utilizing
the area, perhaps a petition for that use would be reasonable.
Discussion took place on what the term "hotel" meant in conjunction with the Land
Use Table. Kebschull noted the area required one dwelling per 20,000 sq. ft.
VOTE;
B son Yes Erwin Absent Glick Yes
Nord Yes Morse Yes Jackman Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
Chairman Goecke advised anyone wishing to appeal the decision could do sa in
writing to the City Council within thirty days.
4-b. PZ01-03-An application for a Conditional Use Permit for Office 8v Retail
Space, Guide Service and Hotel far the property described as Tract A-lA
Cone Tracts A- lA & A-1 B, 2880 Beaver Loop Road, Kenai, Alaska.
Application submitted by Michael Kent, d/b/a Alaska Lodge, P.O. Box
3033, Kenai, AK 99611.
MOTION:
Commissioner Nord MOVED to approve PZ01-03 and Commissioner Jackman
SECONDED the motion.
VERBATIM BEGINS
PLANNING 8s ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 7
Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska - I'm probably only... the
only people in this neighborhood that lives exactly within the 300 feet of it ah, I never
did receive any notice from the City. It states in the bottom here you are being sent
this notice because you own/lease property within 300 feet... is there any requirement
by the City to (Side A of tape ends) ..that close to be notified. This is something that
the Zoning and Planning Department, they have absolutely no ability to go out and
police all these permits that they issue. They issue permits for... for alI kinds of... of
conditional uses but then there's no one that goes and polices what happens. They
issue permits with such an easy amount for people to be able to make them the
stepping-stones for developing of an area. They go for a cabin, then they go for motel,
what do they go for next, a convention complex? It's just that there's no policing
performed by the City, there's no facility or department within the City to go out and
make sure that what people say they are gonna do they do. Ah, I have ah... I, again,
question the fact that on this particular one there's nothing in this about the septic for
this building. I do question that dearly. How many people are going to be fed and
housed in this facility? There's no limitation on it. A three family dwelling, a four
family dwelling, how many people are in the family? Ah, I guess that's where my
concern comes in. Ah, that and the increased traffic in the area. I have no problem
with a few cabins. If I know there's only a couple people in a cabin but you start
sticking six people in a small cabin and... and over loading or taxing the system down
there you can have problems with the septic system. Ah, also the... the, you know, I
guess I'm just looking for some... the City to come up with some definition of what this
is. There's either a wide open range or there's... or there's nothing and it seems like
we need something in between and ah... I guess that's probably, you know, the extent
would be the defined, you know, the amount of retail pa... pace, the type of office
space, how many of their people would be in the hotel units, I guess that's what I'm
just asking the City to do. That and police what they allow for permitting.
Goecke: Anyone else wishing to speak to PZOI.-03? Mr. Bannock?
Bannock: Mr. Chairman, if... if I could just um... speak to the um, previous speaker
in regards to the policing issue of it. You... you raise a very good point, I'll speak to...
from the Council's position in that from... virtually all of my life and ail of my political
life it is been the position. of ah, the City Council of the City of Kenai that an
enforcement type officer was not a position that the City was going to hold. It wasn't
going to happen. And... and you could certainly make arguments far it on either
direction and... and I appreciate your point, however, there is a mechanism for it to
happen. I don't... L.. we don't have an enforcement officer, we don't have a specific
policeman or a specific member of the administration that goes out and does annual
inspections, visual inspections, or anything like that and someday, by golly, I think
we're going to have to. There's... there's those who will argue the point that we need it
right now. The simple fact of the matter is it's not that it's someone isn't doing their
job it just is a position that does not exist. Now, what we do... ha, eh... I'll call it the
worse thing that I possibly can, we react perhaps when there is an issue. Ah, both
Ms. Kebschull or Jack La Shot in the City of Kenai are responsible for when there are
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 8
,~.
issues because, as I stated earlier, we don't go looking far them but the City of Kenai is
open for hearing it, and... and it does come back to this Commission because you've
seen it where ah, we have on the agenda Code Enforcement Items and it isn't because
there was a ah, Code Enforcement Officer out there but rather it was a good person
like yourself that is... that... that... that seen something, has acted upon it, ah... ah,
we are, for Lack of better words, a complaint driven administration when it comes to
those items. So... I will ask you then Sir, to put that hat on and it's not eh... it's not
because ah, you're the only that has to do it, it's because that is the process and that
is the mechanism from which the City of Kenai operates and... it... I don't believe that
in the immediate future, quite frankly, it's going to change ah, there is... it is a double-
edge sword, that code enforcement thing, it... it truly is a double-edge sword and we
see examples of that in other communities, other cities, ah, some of them even on the
very peninsula that we live on, the double-edge side of that sword but ah, please, each
and every one of you, know that that is something that is perfectly acceptable within
the City of Kenai and know also that the Administration acts upon those thing when
they do receive either a phone call or a letter, some sort of notification and it does
make it's way back through here and there have been even times that the City has
been involved to go through litigation with our attorney on... on some specific issues,
so... it's a Iong answer but thank you far your time.
Goecke: Anyone else?
Jim Krein, 365 Dolchok Lane, Kenai, Alaska -Councilman I'd like to respond to
that we have put the hat on, we have brought things to your attention, there have
been violations that have been brought forth not only to this body but to the Council.
We expected maybe to see same sort of ah, action taken down there. To date I have
not seen any. There are s... specific example is there is supposed to be a buffer zone
between the gravel pits and the roadway, those have been encroached upon
repeatedly. We've been made aware of and I'm sure you're aware of of more gravel
being taken out of pits than was permitted for. We don't see anything happening
when we bring these issues forward except mare permits being issued, there's no
enforcement from our perspective, nothing is being heard that we say, we're out there
seeing this day in and day out and we see a chipping away of our basic right to live
where we chose to in a rural residential area. That doesn't mean to say that permits
can be issued but if we can see some results, get some answers to questions, how big
is the hotei~ We're hearing about a 4-family house. He can put four of those on an
area. Where I grew up there now making individuals have at Ieast five acres of land to
put one home with a well and a septic and it's not even in a wetlands area. The
argument about the river is valid, here we are right down where the river is, where
everything feeds into it and we're putting more and more density down there. I... I
just don't understand it to tell you the truth. Thanks.
Kurt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska - I agree with Jim, ah, what I
don't see is how you can ah, agree to let something like this happen for the... the...
statement that Jim's made. Putting more density down there where you gotta have
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 9
one house and five acres somewhere else. I imagine he's gonna have his hands full if
the... the a DEC and that'll probably be... what puts this all to a... a screeching halt at
least I hope so. I have a little faith in... in that entity. I do have a question on your
recommendation... since you seem to have ah, ah... the staff has already in their
analysis saying that this is an okay development, um, number 4, "prior to issuing a
building permit applicant must sub... submit a landscape site plan and meet
requirements for commercial developments?" Well, is there such thing as a landscape
ah, requirement for commercial developments?
Goecke: Yes.
Wilcox: And... does it have to be a square footage or the amount of money spent?
These are some of the questions I have anyway, L.. I suppose ah, since it is in place l
could... I could research it myself. But ah, to me this seems (inaudible) already a done
deal and that's what I don't like about it.
Laura Sievert, 3329 Bearrer Loop Road, Kenai, Alaska - Um, I'd like to echo
comments of the previous speakers without reiterating um, I agree with the statement
that the City does not always enforces their conditional use permits and that came up
right next to our property line a few years ago when all the trees were cut down right
up to the Beaver Loop urn, on one of Coyne's pieces of property to make the gravel pit
bigger. Um, called the Ci... I called the City but I never heard anymore about that.
Um, questions have been raised about what exactly is a hotel, what exactly would that
hotel look like, um, on the site .where the... the old funeral home is now, um, and... I
see that also retail space and... and ah, office space is planned for that, I'd like to
know how big that lot is, what the commercial space is going to look like, is it going to
be a strip mall, what kind of offices are we talking about, are we talking about a
building of a couples stories? Um, those are some of my concerns. Thanks.
Lloyd Richardson, 495 Dolchok Lane, Kenai, Alaska - I draw exception with the
Councilman's ah, definition that you are acomplaint-driven body. We've got 6 people
here complaining about the ah, willful writing of variances to ah, appease ah,
another... another project so it... it.. if you're complaint driven, if that is true, then ah,
apparently they are not being heard because b of us who live in the area are
complaining about the ah, the writing of variances. Ah, the old funeral home gonna be
put into businesses ah, places to eat, ah, is my understanding, ah, what would be the
potential for ah, Good Time Charlie's to move in down there? Apparently they have
ah, it's ah... a business and they serve beverages and food of same sort... Um, or
would that require another variance? Ah, it would be light industry of some sort, so I
question when you will stop writing these variances to appease individuals just to
funnel more money into the community when ah, I believe there's better locations far
business than in a rural residential area. Thank you.
Goecke: Anyone else? Bring it back ah, to... okay.
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 10
Robert Kent, Salt Lake City, Utah - My son Michael Kent is the petitioner here ah, I
have an interest in the partnership which he is... he is operating ah, I don't know if I
can do this in, in three minutes or not but I'd like to bring a little background to you
people as to what's happened here. Number one I've been visiting your town and your
area and have enjoyed it for the past 15 years on a regular basis and a group of us
from Salt Lake probably bring into the community over X100,000 a year and with...
the group that L .. that I'm involved with ah, come up here and fish, hunt and ah, and
ah do our thing and enjoy your community very much. Ah, my son here became
interested in buying a lodge in the area and ah, in the way of background (inaudible) I
may go over three minutes but L.. I think it's important that you understand this, in...
in trying to buy an existing lodge, bed and breakfast or what have you, the problem we
ran into is that all the existing places don't comply with the ordinances either from an
sanitary standpoint, a living standpoint or a use standpoint, they've all gone beyond
the bounds of a bed and breakfast or what have you. So, we felt that in all sincerity it
was easier to start over and do it right and I would invite anyone of you to come dawn
and see what Mike has done on Angler Drive. There's three buildings, they each have
two bedrooms, two baths and they're constructed properly. The... they meet the code
both water and sewage wise. They're... they're properly done. Now there are many
businesses in here that I've personally been in where the septic (inaudible) are not on
the property, the septic fills are not properly done, the septic fills are built over, they're
not in compliance, they exceed the 70... the 25% of, if I'm correct, on bed and
breakfast usage of the home?
Kebschnll: 30%
Kent: 30% usage (inaudible) they exceed all these items and so what we're trying to
do is to bring something in compliance that... that works. Now there's several
properties along the river which are completely out of compliance, which are for sale
but they can't be brought into compliance and they can't be used and they~l probably
never will be because of ... of value and economics and the problems that, that pre-
exist. The funeral home here is... is been a Laundromat, it's been a funeral home,
and what... my son is here is seeking to do is... is to put, and correct me if I'm wrong
Mike, but I think ah, five cabin units, five living units on the property, a business
office with a small amount of retail and some storage in an existing building that's
already there and I'll guarantee you, as I stand here tonight talking to you, it will be
one of the finest properties on Beaver Loop Road when it's finished. It'il be like the
ones that he's done before and when you drive up and down Beaver Loop there's not a
lot of...
Goecke: How much, excuse me, how much more time do you need?
Kent: Basically I just want to wrap this up.
Goecke: Okay.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 11
Kent: Thanks, and... and I appreciate that. But.. in every instance it's a matter of
trying to comply with the... with the ordinances so that you can serve dinner without
being in violation of an ordinance, it's not a matter of opening a... a Good Time
Charlie's, it's not a matter of opening a hotel which will be a Marriot of something like
that, it's a matter of conforming with the existing ordinances, thank you.
Goecke: Anyone else? Seeing none, ah... bring it back.
No further comment, public hearing closed.
VERBATIM ENDS
Kebschull explained Mr. Kent's application and pointed out he would be required to
comply with DEC food service requirements and also have the Fire Marshall inspect
the facility. Kebschull added, Kent would have to come back before the Commission
should the facility not meet hre code.
Commissioner Jackman asked if the facility was being used since the septic was
already approved. It was noted the facility was not being used and had not been for
quite some time. It was also noted that the septic system would need DEC approval.
MOTION TO AMEND:
Commissioner Nord MOVED to amend the main motion to require the staff
recommends that the septic meet DEC requirements. Commissioner Bryson
SECONDED the motion.
VOTE ON AMENDMENT:
Erwin Absent Glick Yes Nord Yes
Morse Yes Jackman Yes B son Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON AMENDED MAIN MOTION:
Glick Yes Nord Yes Morse Yes
Jackman Yes B son Yes Erwin Absent
Goecke Yes
MOTION PASSED UNANIMOUSLY.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 12
4-c. PZO1-04-An application for a Conditional Use Permit for Guide Service
and Food Service far the property described as Tract 3, Anglers Acres
Subdivision, Lowe Addition, 1600 Angler Drive, Kenai, Alaska.
Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box
3033, Kenai, AK 99611.
MOTION:
Commissioner Jackman MOVED to approve PZO 1-04 and Commissioner Morse
SECONDED the motion.
There were no public comments. Kebschull noted the property changed ownership
and Mr. Kent is now the owner. Commissioner Bryson asked when a property
changes ownership and it had an existing conditional use permit, did the permit
transfer as well. Kebschull replied that it would as long as the principal use doesn't
change. If there were changes, a new permit would be required.
VOTE:
Morse Yes Jackman Yes B son Yes
Erwin Absent Glick Yes Nord Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
4-d. PZO1-05-An application to transfer Conditional Use Permit PZ96-37
from Brian Lowe to Michael Kent and to modify the permit from Lodging
to Hatel for the property described as Tract 2, Anglers Acres Subdivision,
Lowe Addition, 1530 Angler Drive, Kenai, Alaska. Application submitted
by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611.
MOTION:
Commissioner Jackman MOVED to approve PZO1-05 and Commissioner Morse
SECONDED the motion.
Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska -Compton welcomed Kent to
the neighborhood and stated it was obvious the Beaver Loop area would keep being
developed. Compton stated, if the City is going to issue permits, they should be issued at
a price that would allow the City to go out and police the program. Compton felt the
permits should be costly so anyone wanting to develop an area properly and that every
year they pay for the permit. That way the permits could be inspected and the City could
have a program in place for such inspections.
Public Hearing Closed.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 13
voTE:
Jackman Yes B son Yes Erwin Absent
Glick Yes Nord Yes Morse Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: OLD BUSINESS -- None
ITEM 6: NEW BUSINESS
6-a. *PZO1-06-Home Occupation Permit -Day Care---Application submitted
by Rachel Pugh, 606 Laurel Drive (Lot 10, Block J, Woodland
Subdivision), Kenai, Alaska.
6-b. PZO1-07 A resolution of the Planning and Zoning Commission
recommending to the Council of the City of Kenai, Alaska, that the
Development Requirements Table be amended by adding the requirement
that front yard setbacks be measured from the right-of--way or access
easement.-Discussion
It vvas determined a public hearing would be scheduled for this amendment.
ITEM 7: PENDING ITEMS -- None
ITEM 8: CODE ENFORCEMENT -- None
ITEM 9: REPORTS
9-a. City Council -Councilman Bannock gave a report based on the council
meeting agenda included in the packet.
9-b. Borough Planning -Commissioner Bryson gave a report based on the
agenda included in the packet.
9-c. Administration = Kebschull advised that Council had approved travel for
the planning seminar in Anchorage and requested those commissioners interested in
attending to contact her.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 11: INFORMATION ITEMS
PLANNING & ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 14
11-a. "Zoning Bulletin" -January 10, 2001
11-b. Resolution No. 2001-5 Transferring ~ 1000 to P&Z travel for Planning
Commission training
11-c. CLG Annual Report Information
11-d. Kenai River Bridge Access Road Pathway Project Information
ITEM 12: COMMISSION COMMENTS & UESTIONS
Commissioner Bryson congratulated Chairman Goecke on his appointment.
Commissioner Glick reported that he would not be available for the next meeting.
Commissioner Jackman congratulated Chairman Goecke on his appointment.
Jackman noted she also thought the various complaints received from the public
during the meeting should be given consideration. Kebschull pointed out the issues
were ongoing and have been dealt with. A lengthy discussion took place on Beaver
Loop and the various projects that have taken place in that area.
Commissioner Nord stated she thought that perhaps consideration should be given
to rezoning the Beaver Loop area in light of the many complaints. Kebschull
suggested that a category to cover that area be included on the Land Use Table and it
could be considered when the Comprehensive Plan is reviewed.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Glick MOVED for adjournment. There were no objections. SO
ORDERED.
The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Barbara Roper, Contract Secretary
PLANNING Sv ZONING COMMISSION MEETING
JANUARY 24, 2001
PAGE 15
~~ a
CITY OF KENAI
PLANNING & ZONING
COMMISSION
PUBLIC HEARING
NOTICE
MEETrNG of
February 14, 2001
Kenai City Council Chambers
210 Fidalgo Avenue, Suite 200
February 1~, 2001 @ 7 p.m.
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZO1-07
AN RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING
TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE DEVELOPMENT
REQUIREMENTS TABLE BE AMENDED BY ADDING THE REQUIREMENT THAT
FRONT YARD SETBACKS BE MEASURED FROM THE RIGHT-OF-WAY OR ACCESS
EASEMENT.
WHEREAS, the current front yard setback requirement is measured from the edge of
the front yard; and
WHEREAS, that standard could result in situations where a structure could be located
in aright-of--way or access easement; and
WHEREAS, amending the front yard setback requirement so that the setback is
measured from the right-of--way or access easement will eliminate that possibility.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THAT THE COUNCIL OF THE CITY OF KENAI, Alaska, amend the Development
Requirements Table by adding the following footnote to the "Front" heading under
"Uses" and as shaven in Attachment "A".
FOOTNOTES:
1. Provided that the minimum front setback is measured from right-of-
way or access easement.
PASSED BY TH~ PLAN ING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this J~ day of ~ 2001.
C airman
A ST:
i
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. -2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE DEVELOPMENT REQUIREMENTS TABLE BY ADDING THE REQUIREMENT THAT
FRONT YARD SETBACKS ARE MEASURED FROM THE RIGHT-OF-WAY OR ACCESS
EASEMENT.
WHEREAS, the current front yard setback requirement is measured from the edge of
the front yard; and
WHEREAS, that standard could result in situations where a structure could be located
in aright-of--way or access easement; and
WHEREAS, amending the front yard setback requirement so that the setback is
measured from the right-of--way or access easement will eliminate that possibility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that the Development Requirements Tabie is amended by adding the following
footnote to the "Front" heading under "Uses" and as shown in Attachment "A".
FOOTNOTES:
1. Provided that the minimum front setback is measured from right-of-
way or access easement.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this .` day of
2001.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 7, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.kenai.ak.us
OUNCIL STAFF MEETING: 6:00 P.M., Council Chambers
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 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)
ITEM C: PUBLIC HEARINGS ~~ _ ~~
,~~ ~~
~ifdde~ G{ 1. Resolution No. 2001-6 -- Transferring $5,000 in the Wellhouse No. 4
Capital Project Fund for a Ground Water Exploration Study.
2. Resolution No. 2001-7 -- Awarding the Bid to Norris & Sons
Contractors for Street Maintenance Sand for the Total Amount of
$20,790.
3. Resolution No. 2001-8 -- Transferring $6,928 from General Find
Contingency to Beautification far Flowers and Part-Time Personnel.
4. Resolution No. 2001-9 -- Awarding the Bid to Decor Industries, Inc. for
Automated Flight Service Station Carpet Replacement -2001 far the Total
Amount of $14,987.
5. Resolution No. 2001-10 -- Supporting the Efforts of Randy Chalawsky
i.n Developing aFeature-Length Documentary Film Marking a Composite
and Objective Story of the Kenai Peninsula's Past, Present, and Future.
6. *Liq,uor License Renewals
a. Don Jose`s Restaurant & Cantina -- Beverage Dispensary
b. Kenai Joe's -- Beverage Dispensary
-1-
ITEM D: COMMISSIONICOMNIITTEE REPORTS
1. Council on Aging
2. Airport Commission
3, Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission _
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
IT~_ MINUTES
1. Notes of January 1~ 7' ~O~ 1 W°ork Sess~on.
2. Notes of January
3, *Regular Meeting of January i7, 2001.
I,IJ CORRESPONDENCE
ITEM G: OLD BUSINESS
'~~~~`~ 1. Discussion -- Code Amendment of a Pohrtion of the South Share of the
~/~/~/ • Vehicles on the Vegetated Areas
Kenai River and Cook Inlet.
ITEM ~•I: NEW BUSINESS
~~~ 1, Bills to be Paid, Bills to be Ratified
,~ , ^~,~ 2. Purchase Orders Exceeding $2,500
/~ 3, *Ordinance No. 1$93-2001 -- Repealing the Current Sign Code, KMC
14.20.220 and Replacing it with a New Sign Code, KMC 14.20.220.
4, *Ordinaace No. 1894-2001 -- Amending KMC 14.20.105(1) (Townsite
Historic (TSH) Zoning District) to Reflect a Change in the Numbering of
the New Sign Code KMC 14.20.220 Which is Referenced in KMC
i4.20.105(i).
5. *Orclinance No. 1895-2001 -- Requesting that Land, Water and
Conservation Fund (LWCF) Restrictions be Released From City-Owned
Land Described as the FAA Football Field (Portion of Borough Parcel No.
047-058-07) and that the Restrictions be Converted to Replacement
Property Described as a Tract on the Kenai River Including a Portion of
Birch Island (Borough Parcel No. 049-110-09) After the Property is
Transferred to the State of Alaska.
-2-
ITEM I: ADMII~TISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Managers -_
7. Airport Manager
ITEM J: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM K: ADJOURNMENT
-3-
~h
KENAI PENINSULA BOROUGH PLAT COMMITTEE
KENAI RNER CENTER
514 FUNNY RNER ROAD ~` C
SOLDOTNA, ALASKA 99669 <C~`
5:30 p.m. February 12, 2001
p~ ~,~ 6~
Tentative Agenda ~~c ~~,~n ~~
MEMBERS
Ann 8ayes
Anchor Point
Term Expires 2001
Peggy Boscacci
Seidovia City
Temp Expires 2003
Lynn Hohi
Seward City
Term Expires 2002
Blair Martin
Areawide
Term Expires 2003
ALTERNATES
Sohn Hammelman
Areawide
Term Expires 2002
Jim 5kogstad
Nope
Term Expires 20D!
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. No excused absences requested.
3. Minutes
a. January 22, 2001
D. SUBDIVISION PLAT PUBLIC HEARINGS
1. ASLS 2000-38
Final with exception request; KPB File 2001-003
Crazy Mountain Joint Venture/Luther/McDowell
Location: Lower Summit Lake
Moose Pass Advisory Planning Commission
2. Kavik Estates Addztion No. 3
Preliminary; KPB File 2001-017
Whitford Surveying/Eby
Location: Daniels Lake, North Kenai
North Peninsula Community Council
3. Frosty Acres Subdivision {name may change)
Preliminary; KPB File 2001-018
Swan Surveying/Lambe
Location: Kasilof River
4. Las Vegas Subdivision
Preliminary; KPB File 2001-019
Johnson Surveying/Rogers
Location: Caribou Hills
1
{ ,...
S. Cole Subdivision (name may change}
~~ ~: ~`~ Preliminary; KPB File 2001-020
,~~~~s ,
~,~~~~
~ ~.'' Johnson Surveying/Cole
Location: K-Beach Road in Kasiiof area
~~ ~.I'J„
~~J
~~, - ~ , 6. Deep Creek Subdivision No. 5
,k4 Preliminary; KPB File 2001-021
`~~ ~ ~ McLane/Battley
Location: Deep Creek
4 -~'
7. Tracts A-2, E, F & G Beluga Terrace Addn. No.1
(name may change)
Preliminary; KPB File 2001-022
RC Davis and Assoc.IPhillips AK
Location: Beluga Hwy, west side of Cook Inlet
S. Bayview Terrace (name may change}
Preliminary; KPB File 2001-023
ImhofflHTM
Location: W. Fireweed Ave., City of Homer
9. Baltic Woods Subdivision No. 2
Preliminary; KPB Fiie 2001-024
Imhoff/Ziemelis
Location: East End Road, near McNeil Creek
Kachemak Bay Advisory Planning Commission
E. ADJOURNMENT
NEXT REGULAR MEETING
The next regularly scheduled Plat Committee meeting is February 26, 2001 at 5:30
p.m., Kenai River Center, S 14 Funny River Road, Soldotna
z
KENAI PENINSULA BOROUGH PLANNING COMMISSION
KENAI RIVER CENTER
514 FUNNY RNER ROAD
SOLDOTNA, ALASKA 99669 ~ ^/~~
John Hammeiman
Chairman A
Areawide
Term Expires _902
B.
Philip Bryson
Vice Chairman
Kenai City
Term Expires 2003
C
Ann Bayes
Parliamentarian
Anchor Point
Term Expires 2001
Peggy G. 13oscacci
PC Member
Setdovia City
Term Expires 2003
Lynn Hohl
PC Member
Seward City
Terre Expires 2002
Brent Johnson
PC Member
Kasilof Area
Term Expires 2003
Blair Martin
PC Member
Area+vide
Tetm Expires 2003
Jim Skogstad
PC Member
Mope
Term Expires 2001
Bill Smith
PC Member
Homer City
Term Expires 2001
Dick Troeger
PC Member
Soldoma City
Term );xpires 2002
Vacant Seat
Term Expires 2002
February 12, 2001 7:30 P.M.
Tentative Agenda
CALL TO ORDER
ROLL CALL
:.S ~ ~~
~,
APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
A!E items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be
approved by one motion. There will be no separate discussion of these items unless a Alarming Commissioner or
someone from the public so requests, in which case the item will be removed from the consent agenda and considered
in its normal sequence on the regular agenda.
Tf you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise
the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment.
1. Tirne Extension Requests -None
2. Plats Granted Administrative Approval
3. Plats Granted Approval Under 20.04.070
4. Plat Arnendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews -None
b. Conclusive Consistency Determinations Received from DGC
c. Administrative Determinations
6. KPBPC Resolutions
a. Adoption of amended Resolution 2000-019A vacating the 60-
foot public access easement granted in Book 73 Page 571 SRD,
and shown in Tract A of Cape Resurrection Subdivision (Plat
98-8 SRD), within Section 23, Township i North, Range 1
West, Seward Meridian, Alaska; in the Kenai Peninsula
Borough.' KPB File No. 2000-085 [Backlund]
Vacation was approved on June 12, 2000 subject to concurrent
filing of new easement document; this easement document has
now been submitted to Planning Department for filing.
' 7. Commissioner Excused Absences
~
~ -
, a. Bill Smith
,~'
,.
~;:. `H, 8. Minutes
C ,~ -.
a. January 22, 2001 Plat Committee Minutes
~-. b. January 22, 2001 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items otI-er 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 Naming; Un-named to Nicholas View Lane; Part One,
Pinnacle Hill Subdivision; northwest of Sports Lake Road
2. Ordinance 2000-19-22: Amending KPB 12.06 Regarding Abandoned
Vehicle Abatement and Appropriating $75,000 to Begin a Project to
Remove Abandoned Vehicles and other Debris from Borough Rights-
of-Way, Borough lands, and on a Voluntary Basis from Private Lands
3. KPBPC Resolution 2001-03: A Resolution Supporting Appropriation
of $300,000 to Planning Department Contract Services to Update the
1992 Kenai Peninsula Borough Comprehensive Plan
G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS -None
I. SUBDNISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review nine plats.
J. KENAI RNER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
1. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Seward; Dieckgraeff
2. Prior Existing Use for a Sand, Gravel or Material Site Determination;
z
near Seward; Dieckgraeff
3. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Anchor Point; Hansen
4. Prior Existing Use far a Sand, Gravel or Material Site Determination;
near Anchor Point; Mullen
5. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Seward; Kenai Peninsula Borough
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
0. COMMISSIONER COMMENTS
F. PENDING ITEMS FOR FUTURE ACTION
Permit Application for a Sand, Gravel or Material Site; Anchor Point;
Cliff Shafer, carried forward from June $, 199$.
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 i 7.10.080; carried forward from
December 14, 1998.
Postponed until brought back to the Commission by staff.
3. Kenai Peninsula Borough Planning Commission Resolution 2000-26:
Establishing the Plat Committee as the Initial Tribunal far the
Vacations of Dedications Within the Borough; carried forward from
July 24, 2000
Postponed until brought back by staff.
Q. ADJOURNMENT
PLAT COMMITTEE
The Plat Committee will meet February 12, 2001 at 5:30 p.m. in the Kenai River
Center, 514 Funny River Road, Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled Plat Committee meeting is February 26, 2001, Kenai
River Center, 514 Funny River Road, Soldotna at 5:30 p.m.
PLANNING COMMISSION
The next regularly scheduled meeting of the Planning Commission is February 26,
2001, Kenai River Center, 514 Funny River Road, Soldotna at 7:30 p.m.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Anchor Point Advisory Planning Commission
January 23, 2001 Special Meeting Notes
2. Ellis Hensley Resignation
3. January 30, 2001 Letter to Mark Weatherstone Regarding
Planning Commission Representation on the RC&D
4. January 29, 2001 Letter from Mike & Diane McBride
Regarding Ordinance 2000-50
PLANNING DEPARTMENT
Phone: 907'-262-4441, extension 260
Phone: toll free within the Borough 1-500-478-4441, 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 February 8
Anchor Point Advisory Planning Commission February 13
Cooper Landing Advisory Planning Commission February 14
Kachemak Bay Advisory Planning Commission February 22
1 ~~
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1895-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REQUESTING THAT LAND, WATER AND CONSERVATION FUND {LWCF}
RESTRICTIONS BE RELEASED FROM CITY-OWNED LAND DESCRIBED AS THE
F.A.A. FOOTBALL FIELD (PORTION OF BOROUGH PARCEL NO. 047-058-07)
AND THAT THE RESTRICTIONS BE CONVERTED TO REPLACEMENT PROPERTY
DESCRIBED AS A TRACT ON THE KENAI RIVER INCLUDING A PORTION BIRCH
ISLAND (BOROUGH PARCEL NO. 049-110-09) AFTER THE PROPERTY IS
TRANSFERRED TO THE STATE OF ALASKA.
WHEREAS, in 1965 the Land and Water Conservation Fund {LWCF) grant
program was established by the Department of the Interior to provide for the
acquisition of land and development of outdoor recreation areas; and
WHEREAS, in 1973 the City accepted a LWCF grant to construct a football field
and operate the property as public outdoor recreation; and
WHEREAS, the F.A.A. Football Field project is obsolete as a result of development
of fields and parks in the City over the last 25 years; and
WHEREAS, the law provides for a conversion of use with the approval of Alaska
Division of Parks and Outdoor Recreation and the National Park Service; and
WHEREAS, the City has initiated the conversion process and asked for the
removal of LWCF restrictions from the F.A.A. Football Field property and that the
restrictions be placed on replacement property that is currently owned by the City
but will be transferred to the State of Alaska; 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 City of Kenai has title to property described as a tract on the
Kenai River including a portion Birch Island {Borough Parcel No. 049-110-09)
that is no longer needed for public purpose by the City of Kenai, and will be
transferred to the State of Alaska for replacement property for public outdoor
recreational use with the development of Birch Island; and
Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that land, water and conservation fund (LWCF) restrictions be
released from city-owned land described as the F.A.A. Football Field (portion of
Borough Parcel No. 047-058-07) and that the restrictions be converted to
replacement property described as a tract on the Kenai River including a portion
Birch Island (Borough Parcel No. 049-110-09) after the property is transferred to
the State of Alaska.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21St day of
February 2001.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
(January 30, 2001)kh
February 7th, 2001
February 21st, 2001
March 21st, 2001
Page 2 of 2
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PLANNING & ZONING COMMISSION ~ `
Meets Second and Fourth Wednesday - 7:00 p.m.
Commission Member Name and
Address Horne
Phone Business
Phone Email Address Term
Ends
Donald R. Erwin 283-7570 283-1303 drerwin~marathonoil.com 2003
1603 Fathom Drive
Kenai, AK 99611
Carl Glick
P.O. Box 528
Kenai, AK 99611 283-7644
` 2004
**Phii Bryson
P.O. Box 1041
Kenai, AK 99611 283-4428 283-4672 2004
Mike Morse
P.O. Box 1844
Kenai, AK 99611 394-1009 262-2626 2002
Amy E. Jackman
P.O. Box 477
Kenai, AK 99611 283-5495 2002
*Ron Goecke
P.O. Box 3474
Kenai, AK 99611 283-9436 283-7070 2003
Barbara A. Nord
690 Sycamore
Kenai, AK 99611 283-9678 262-3958 2003
Councilman Duane Bannock
1105 First Street
Kenai, AK 99611 283-3158 283-3949(p)
283-6506 (f]
Contract Secretary Barb Roper
P.O. Box 4234
Soldotna, AK 99669 262-6577
*Chair
**Chair
(1/25/2001)
1~c
KENAI CITY COUNCIL
Meeting First and Third Wednesday
at 7:00 p.m.
Council Member Name aad Address Home Business Email Address Term
Pho~n-e Phoae Eads
Mayor Jahn J. Williams 283-4960 283-3104 (p) kenai ma o hotmail.com 2001
City of Kenai
~ 283-3104 (t)
P.O. Box 459 ~
Kenai, AK 99612
Council Member James C. Bookey, III 283-4227 2$3-4227 (pJ jim.bookeycr,acsalaska.net 2001
City of Kenai 283-4013 (f~
P.O. Box 326
Kenai AK 99611
Council Member Joe Moore
City of Kenai, 283-4610 283-3434 (p)
283-3476 (fl c~aio_ ,,otmlcpas.com 2001
1006 Inlet Waods
Kenai, AK 99611
Council Member William R. Frazer
City of Kenai 283-4861 260-6246 (pJ
260-6249 (fl wfraze wptialaska. net 2003
1002 Crow Court
Kenai, AK 99611 .
Council Member Pat Porter 283-4348 justpat44{u7hotmail.com 2003
City of Kenai
116 Deepwood Court
Kenai, AK 99612
Council Member Duane Bannock 283-3158 283-3949 (p) dbannoc kenai.net 2002
City of Kenai 283-6506 (f7
1105 First Street
Kenai, AK 99611
Vice Mayor Linda Swarner 283-4366 lswarne cr,ci.kenai.,ak.us 2002
City of Kenai
298 Rogers Road
Kenai, AK 99611
Or mail to Kenai City Hall: 283-$231 (p) cfreas~ci.kenai.ak.us
210 Fidalgo Avenue, Suite 200 283-3014 (f)
Kenai, AK 996 1 1-7794
(2/5/2001)
Kenai Peninsula Borough
Planning Department G~`
~ ~ 144 North Binkley
Soldotna, Alaska 99669-7599
a (907} 262-4441, extension 260
to11 free within the Borough 1-800-47$-4441, extension 260
~ FAX (907) 262-8618
•.-Pi°- email: planning@borough. '.ak.us
~F~
January 24, 200 i ~~~
`~'~ FO
s
NOTICE OF PLAT COMMITTEE ACTION eo~~F,c.
MEETING OF JANUARY 22, 200 i
RE: White's Winter Wonderland Preliminary Plat
The Kenai Peninsula Borough Plat Committee granted approval to the preliminary plat subject to
staff recommendations.
This notice and unapproved minutes of the subject portion of the meeting were sent January 25,
2001 to:
City of:'' City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750.
Advisory Planning Commission/Community Council: n/a
Survey Firm: Integrity Surveys, 605 Swires Road, Kenai, Alaska 99611-8363.
SubdividerlPetitioner: Dianna White, RT 1 Box 154, Ewing, Missouri 63440-9726.
KPB File Number: 2001-012
AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS
~, White's Winter Wonderland
Preliminary; KPB FILE 2000-012
Integrity/White
Staff report as reviewed by Maria Sweppy.
Plat Committee Meeting 1/22/2001
Location: City of Kenai
Proposed Use: Residential
Zoning: Rural Residential
Sewer/Water: On site
Supporting .Information:
This plat proposes to subdivide a 2.5 acre Government lot into two lots with half rights-of-way being dedicated
along the south and east boundaries. The owners of the parcels adjoining these half dedications have been
notified, but they are all government lots and most likely have matching public access easements reserved. If the
lot being subdivided has public access easements that exceed the size of the dedications, these are to be shown
on the final plat.
The Kenai Planning and Zoning Commission reviewed this pla# on December 27, 2000 and recommended
approval, subject to verification tha# na encroachments exist and the right-af-way names be corrected. The names
have been corrected on the preliminary submitted far review. The plat also shows a structure and a well on Lot 2.
The aerial photographs indicate additional possible improvements may exist in the northeasterly area of Lot 2.
Staff recommends the surveyor address these specifically.
Per KPB Resolution 2000-025, if the Certificate to Plat indicates any beneficial interests affect this property, they
will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the
opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on
the final plat. Tf~~no response is received within 30 days, staff wilt assume #hey have no requirements regarding the
subdivision and it may be finalized.
No exceptions have been requested.
STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations,
and the following conditions:
REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE W ITH THE PROVISIONS CONTAINED 1N
KPB 20.12 AS FOLLOWS:
1. Remove 's' from Governmen# in description.
2. Provide name and address of owners}.
3. Provide date of this survey.
4. Government Lot -show right-of-way easements.
5. Show section line easements, if any.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAt_ OF FINAL PLAT iN ACCORDANCE WITH
TITLE 20:
6. Provide or correct dedication andlor approval statement with notary's acknowledgment as needed.
7. Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
8. Conform to conditions of KPB Planning Commission Resolution 78-6.
9. Compliance with Chapter 20.16.155 D & 20.14 Wastewater Disposal regulations.
10. Compliance with Ordinance 90-38(Substitute) -Ownership.
11. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. !f final approval and
filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will
be on deposit with the Finance Department.
KENAI PENINSULA BOROUGH PLAT COMMITTEE JANUARY 22, 2fl01 MEETING PAGE 2
UNAPPROVED MINUTES
Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as
platting board by filing written notice thereof with the borough planning director within 10 days after
notification of the decision of the plat committee by personal service, service by mail, or publication.
(2.40.080 Borough Code of Ordinances)
Mr. Best added that the name Winter Wonderland Subdivision has been used. Staff recommends the name of the
subject subdivision be changed because it is too similar.
END OF STAFF REPORT
MOTION: Commissioner Boscacci moved, seconded by Commissioner Martin, to grant approval to the
preliminary plat subject to staff recammendatians.
Chairman Hammelman asked if anyone in the audience wished to comment on the plat. Seeing and hearing no
requests to speak, Chairman Hammelman returned discussion to the Committee.
VOTI=: The motion passed by unanimous consent.
BAYES BQSCACCI MARTIN HAMMELMAN FOUR YES
YES YES YES YES
~..
KENAI PENINSULA BOROUGH PLAT COMMITTEE JANUARY 22, 2009 MEETING PAGE 3
UNAPPROVED MINUTES
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210 FIDALGO, SUITE 200, KENAI, AK $9669-7794
(907} 283-7535
~r'-T7
To: Denise From: Marilyn Kebschull
Fax: 283-3299 Pages: 1
Phone: 283-7551 Date: February 8, 2001
Re: ADVE=RTI5EMENT CC: FILE
^ Urgent ^ !`or Review ^ Please Comment Please Reply ^ Please Recycle
• Comments:
Piease publish the following advertisement on Monday, February 12, 2001.
This will be charged against the open purchase order you have. Thanks.
CITY OF KENAI
PLANNING ~ ZONING COMMISSION
'M'AGI=NDA**
KENAf CITY COUNCIL CHAMBERS
February 14, 2001 - 7:00 p.m.
http:llwww.ci.kenai.ak. us
1. CONSIDERATION OF PLATS:
2. PUBLIC HEARINGS:
a. PZ01-07-A resolution of the Planning and Zoning Commission recommending to the
Council of the City of Kenai, Alaska, that the Development Requiremen#s Tabfe be
amended by adding the requirement that front yard setbacks be measured from the
right-of--way or access easement.
3. OLD BUSINESS:
4. NEW BUSINESS:
The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai
City Council Chambers. Additional information may be obtained at City Nall, at the City of Kenai web
site (www.ci.kenai.ak.us), or by calling 283-7535 extension 235.
Publish: February 12, 2001
Marilyn Kebschull
Planning & Zoning Administration
City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794
-.1
7b: Peninsula Clarion (Attn: Denise) From: Marilyn Kebschull
Fax: 907-283-3299 Pagan: Two
Pha,e: 907-283-7551 Date: January 25, 2001
Re: PUBLIC NEARING NOTICE CC: Fi]e
^ Urgent ^ Far Review ^ Please Comment ^ Please Reply ^ Please Recycle
Denise: Run the following notice on February 7 & 9, 2001. Bill this under the open
purchase order. Thanks.
CITY OF KENAI
PLANNING AND ZON[NG COMMISSION
210 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
hftp:llwww.ci.kenai.ak.lts
PUBLIC HEARING NOT[CE
The fallowing public hearing has been scheduled far the Planning and Zoning Commission Meeting of
February 14, 2001:
a. PZ01-07-A resolution of the Planning and Zoning Commission recommending to the Council of
the City of Kenai, Alaska that the Development Requirements Table be amended by adding the
requirement that front yard setbacks be measured from the right-af--way or access easement.
The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to
present testimony concerning this resolution should do so at the hearing or submit written comments to
the City of Kenai, Planning pepartment, 210 Fidalgo, Suite 200, Kenai Alaska 99611-7794 prior to the
hearing. Additional information may be obtained at City Hall, at the City's web site
{www.ci.kenai.ak.us), ar by contacting Marilyn Kebschull at 283-7535 extension 235.
Publish: February 7 & 9, 2001