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2001-02-28 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 28, 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: February 14, 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 COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ01-09-An application for a Variance Permit from rear setback requirements for the property described as 1400 Equinox Way (Lot 1, Block 12, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Mark R. Knudsen, P.O. Box 522, Kenai, Alaska. 5. OLD BUSINESS: a. Sign Code----Discussion 6. NEW BUSINESS: a. *PZOI-OS--Home Occupation Permit -Daycare-For the property known as 1207 Channel Way (Lot 7, Block 8, Inlet Woods Subdivision). Application submitted by Jodi F. Schiff, 1207 Channel Way, Kenai, Alaska. b. Lease Application-State of Alaska, Division of Forestry fora 392 foot by 400 foot piece of property adjacent to the future Crash/Fire/Rescue facility at the airport-Discussion. c. Request that Block 3, Five Irons Subdivision be made available for sale. Determine if needed for public purpose. '1. PENDING ITEMS: 8. CODE ENFORCEMENT: 9. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Agenda 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. City of Kenai 2000 Annual CLG Report b. Open Meetings in Alaska c. Religious Land Use and Institutionalized Persons Act of 2000 d. "Zoning Bulletin" -February 10, 2001 e. KPB Notice of Public Hearing 12. COMMISSION COMMENTS & QUESTIONS: Page 2 February 28, 2001 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 14, 2001 - 7:04 p.m. http a/www.ci.kenai. ak.us i. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: January 24, 2041 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. 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: 5. NEW BUSINESS: 7. PENDING ITEMS: S. CODE ENFORCEMENT: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Ordinance No. 1895-2001-Requesting that Land, Water and Conservation Fund 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 Roster 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 KENAI CITY COUNCIL CHAMBERS February 14, 2001 - 7:00 p.m. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Bryson, Goecke, Nord, Erwin, Morse, Jackman. Members Absent: Glick Others Present: Councilman Bannock (arrived at 7:07), Administrative Assistant Kebschull, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Morse SECONDED the motion. There were no objections. SO ORDERED. 1-c. Approval of Minutes: January 24, 2001 MOTION: Commissioner Morse MOVED to approve the minutes of January 24, 2001 and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ].-d. Consent Agenda -- None. ITEM 2: SCHEDULED PUBLIC COMMENT -None ITEM 3: CONSIDERATION OF PLATS -- None ITEM 4: PUBLIC HEARINGS 4-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-of-way or access easement. MOTION: Commissioner Nord MOVED to approve PZO1-07 and Commissioner Erwin SECONDED the motion. There were Commission or public comments. VOTE: B son Yes Erwin Yes Glick Absent Nord Yes Morse Yes Jackman Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 5: OLD BUSINESS -- None ITEM 6: -- None ITEM 7: PENDING ITEMS -- None ITEM 8: CODE ENFORCEMENT -- None ITEM 9: REPORTS 9-a. City Council -- Bannock reported on the City Council agenda from February 7, 2001 which was included in the packet. 9-b. Borough Planning -- Commissioner Bryson reported on the KPB Planning Commission agenda from February 12, 2001 which was included in the packet. 9-c. Administration -- Kebschull reported on the following: ~ There will be two public hearings, from Planning & Zoning actions, on the agenda for the City Council of February 21, 2001. • She received an a-mail from a citizen wishing to appeal the decision of the Kent applications from the last meeting. The citizen was asked to present the appeal in writing to the City Clerk. Kebschull noted Chairman Goecke informed the public, at their last meeting, they had 30 days in which to appeal and the number of days for an appeal had been previously changed to 15 days. The City Attorney advised the appeal could be presented to the Board of Adjustment and they can decide whether they want to hear it or not. PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2001 PAGE 2 ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Ordinance No. 1895-2001-Requesting that Land, Water and Conservation FZZnd restrictions be released from city-owned property described as the F.A.A. Football Field and transferred to a tract on the Kenai River. 11-b, Planning and Zoning Commission Roster 11-c. Kenai City Council Roster 11-d. KPB Plat Committee Action -White's Winter Wonderland Preliminary Plat 11-e. "Zoning Bulletin" -January 25, 2001 ITEM 12: COMMISSION COMMENTS 8a QUESTIONS -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment. There were no objections. SO ORDERED. The meeting adjourned at 7:17 p.m. Respectfully submitted: Barbara L. Roper, Contract Secretary PLANNING $~ ZONING COMMISSION MEETING FEBRUARY 14, ,2001 PAGE 3 CITY QF KENAI ~~- ,~ ~~ ems; ~ >~~~,~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 f~~l~~ 1992 February 12, 2001 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission meeting of February 28, 2001: PZ01-09 An application for a Variance Permit from rear setback requirements for the property described as 1400 Equinox Way (Lot 1, Block 12, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Mark R. Knudsen, P.O. Box 522, Kenai, Alaska. The meeting will commence at 7:00 p.m, in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidaigo, Suite 200, Kenai, Alaska 99611-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: February 8, 2001 Res: PZ01-09 GENERAL INFORMATION Applicant: Mark R. Knudsen 77fi-5335 P.O. Box 522 Kenai, AK 99611 Requested Action: Variance -Rear Setback Legal Description: Lot 1, Block 12, Inlet Woods Subdivision Street Address: 1400 Equinox Way KPB Parce! No.: 04101230 Existing Zoning: RS-Suburban Residential Current Land Use: Vacant Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. PZO1-09 Comments Page 2 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. Applicant has made an offer to purchase this iot from the City of Kenai. The City owns the lot in question and has provided written permission for the applicant to apply for the Variance Permit. The letter notes that the City understands that special development conditions affect this property creating difficulty in placing a structure on the property. The City also currently owns the adjoining property affected by the variance. The Development Requirements Table notes additional requirements for yards of corner lots, "The minimum side yard on the street side, or platted right-of- way, or government easement of corner lot shall be the same as the minimum front yard required for that zone. The front yard setback requirement is 25 feet." This lot is a corner lot with three front setbacks. Applicant is asking for a variance from the rear setback requirements. The rear setback is 20 feet. Applicant is seeking a variance of 4-feet from the 20-foot rear setback. By requesting the four feet, the builders will have some breathing space when placing the structure on the lot that will hopefully insure that an encroachment situation doesn't occur. Based on the lot size and that the lot has three sides that front streets, it appears the requested variance is reasonable. City Engineer: None. Buildin Official: The setbacks for the garage on the front and side are 10 feet as per KMC 14.20.200; therefore, the distances shown on the plot plan for the garage are acceptable. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-09 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ00-09 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE A5 AUTHORIZED BY 14..20.1$0 OF THE KENAI ZONING CODE: NAME: Mark R. Knudsen ADDRESS: 1400E uinox Wa LEGAL: Lot 1, Block 12~niet Woods Subdivision PARCEL NO: 04101230 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received en Februarv 7. 2001. 2. That this request is located on land zoned RS-Suburban Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: Develo meet Re uirements Table -Rear Setback - 4 feet from the re wired 20 feet. 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land andlor structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5. That the Commission on February 28, 2001 conducted a duly advertised Public Hearing according to KMC 14.20.153. NOW, THEREFORE, 8E IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.1$0 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, Februar 28 2001. CHAIRPERSO ATTEST~~" ~arai ~~ CITY 4F KENAI ~~- ~~r ~o~ 210 FIdALGD AVE., SUITE 200 KENAI, ALA 99811-7794 TELEPF{DNE 807.283-753 FAX 90T-2$33014 w DATE: /-- Z Z - CJ APPLICATION FOR VARIANCE PERMlT ~\ NAME: Mr~~e,E~ /~. /W~~s~'i~/ PHONE: 77(x- 5335 398'-/~~-l MAILING ADDRESS: /~D- ~D,~ ~Z Z ~ ~ STREET ADDRESS: /IOU. ~GZ u~,~lo,r w,/ /~..v,~-i ~~, LEGAL DESCRIPTION: ~~tl L10 2 ~ a / Lo IZ L~~ ~/ovas- KPB PARCEL NUMBER: ~/O /Z 3 O PROPERTY ZONING: -S I AM REQU Code): NG A VARIANCE FROM (State section of Kenai Municipal 4,e SST 8~ ~,r a ~ y ' ****** Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Deve#opment Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~ A Public Notification and hearing is required before the issuance of this permit. A $1 Q5.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that ail of the following conditions exist as a prerequisite to issuance of a variance permit: • Special conditions or circumstances are present which are pecu#iar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circums#ances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. • The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: S~~ ~ ACS . Applicant's Signature ******* approved by the Planning Commission on o?8~day of :Ct.ii..~-! .11. o~-~OI Chairperso Attest: \~,. Qtr' ~o ,,~ ~' ~. ~ ~ Lat ~ Block 12 Inlet Woods 5ubd. , /) ~ ~ ~S 9 ~ ,~pi~~~~~ ~~ ,~~~Set~ack ~ ~ ~ ~o ~~ ~~ ~~ ,~ o~, i ~' ~~oJ i i o ~ ~ ~ ~ o ~, i ~ / / ~ ~ S O\ ~ ~ ~ ~iL qlz` I(~ ~ ~ ,[1 y \ ~ ~~6 ~~ ~ ~ ~~ ~/ 9c~ ~ ~y~ ~ . ~e~ \ ~ ~~, , ~~ rf - - o~ ~~~ ,~ ~ ' ~~ _~ ~ ~~~~ ~~~~ SCALE !" = 25'-0" CITY OF KENAI ' 210 FI©ALGO AVE., SUITE 2D0 KENAI, ALASKA 99611-7794 TELEPIiONI 907-283-7535 ., , _ FAX 907-283-3014 ~ ~~.rwoi, ~~~~~r F992 January 29, 20x1 Mark R. Knudson P.O. Box 522 Kenai, AK 99611 Re: Lot I, Block IZ, Inlet Woods Subdivision, Part One Dear Mr. Knudson: You have initiated the sale of the above referenced properly in Inlet Woods Subdivision from the City of Kenai and wish to build a home on the site. The lot you wish to purchase has streets on three sides and therefore, three front set backs of 25' each. These special conditions create difficulty in placing a structure on the property. The City, as the current property owner, gives you permission to apply for a variance. This permission is given so that you can bring the matter to the Planning and Zoning Commission for purposes of discussion of the requested variance. You also have the City's permission to post the necessary notices on the property of the public hearing by the Planning and Zoning Commission. Sincerely, CITY OF KENAI i Ric azd A. Ross City Manager Cc: Marilyn Kebschull, Planning and Zoning Administrator a N W U a 0 0 a~ t- 0 Z W D N W O O ~ N W r. J ZY ~U c ~m N T O X ~ N o Q ~ z Z ~ ~ ~ Q ~o ~L c~a Qoati Boa War a ~ czar r- o a ~ z w ~ ~ - z Y ~ s m ' Y `S a i l a? t m m .~ m a C O N cv c .~ c m d .~; .~ .` - J L t f1 [ c -o .~ m Q~ U .~ ::. z 0 M r 0 v x 0 a ~~ Z ~ ~ ~ ~ r ~c<, CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 II~I'~ i~sz MEMO: TO: Planning Commission FROM: Marilyn Kebschulf, Planning & Zoning Administration DATE: February 22, 2001 SUBJECT: Sign Code -Revision For your information it was noticed that the political signs section was inadvertently left out of the Commercial and Industrial Zones section of the draft sign code. Due to this error, administration suggested that Council postpone the public hearing until March 215E The wording for this section will be identical to the residential zones. This section will be added: "Political signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election maybe maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal." ~v 0. STAFF REPORT To: Planning & Zoning Commission Date: February 8, 2001 Prepared By: Imk Res: PZ01-08 GENERAL INFORMATION Applicant: Jodi F. Schilf 283-6762 1207 Channel Way Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parce! No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -Day Care Lot 7, Block 8, Inlet Woads Subdivision 1207 Channel Way 04101206 RS-Suburban Residential Residential Medium Density Residential General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Day care is specifically fisted as a permitted home occupation. The code allows for no mare than eight S8} children under the age of twelve ~ 12}, including children related to the caregiver, to be cared for in the home. Ms. Schlif advised that she currently cares for three children after school and on weekends, which places her within the code guidelines. Applicant has provided a detailed sketch showing areas of the home that the children are provided care in. This sketch also provides exit information for emergency purposes. This area is within the code guidelines that no more that thirty percent {30%} of the home may be used in the home occupation. The applicant advises that she is a home state registered day care and was unaware that the City required a permit until she was contacted as PZO1-08 Comments Page 2 result of the ordinance that now requires fire inspections of day cares. The applicant made arrangements for the Fire Marshal to conduct a Fire & Life Safety Inspection prior to submitting the Home Occupation application. The inspection report notes no deficiencies were noted. The Fire Marsha! recommended a larger fire extinguisher and the applicant advised that a larger extinguisher has been purchased. Based on code requirements, the next inspection would be required in February of 2003. RECOMMENDATIONS Recommend approval. If the day care is still in operation in February of 2003, an inspection by the Fire Marshall will be required. ATTACHMENTS: 1. Resolution No. PZ01-08 2. Application 3. Drawing 4. Fire & Life Safety lnspection Report CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ4'[-08 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: Day Care ..__ (Type of Permit} OPERATED BY: Jodi F. Schiff LOCATED: 1207 Channel Way (Lot 7, Block 8. Inlet Woods Subdivision} . (Street Address and Legal Description} KENAI PENINSULA BOROUGH PARCEL NO: 04101206 WHEREAS, the Commission Ends: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on February 6. 2001 . 2. That the application has been reviewed by the Commission at their meeting of February 28, 2001 and found that ail 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: a. Home must be inspected by the Fire Marshall as required in KMC 14.20.230 (h}. 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, 28th day of .February 2001. Chairman: ATTEST: HOME OCCUPATION PERMIT APPLICATION DATE: ~ '~7~ Q NAME. _ _ r-/~~ r ~ `J ~r~ r I ~ PHONE. MAILING ADDRESS: ~ ~ (~ ~- C Gi 1'],1'7,e C u, PHYSICAL ADDRESS: LEGAL DESCRIPTION: ~~ /, ,.. _ .. ~~~D~i-O~ ~~/ ~~ CFO ~ti~c~,YO 1 c ~ `~i O~A9q~'9i ~~~ o~~~s~W a ~~ ,,, .~. • ~,1~99d% bs"~Df i ~ ~otY1 PARCEL NUMBER: ~_j J ~ ZONING: DESCRIPTION OF OCCUPATION: 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 accupation. • No more than 30 % of the gross floor area 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 tine residence and anv accessorv structures. In addition, show_.garkin~ areas and traffic patterns. 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 are accessary thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Signature: 'L.,~,~, Date: oC" ~6~ Application reviewed and approved by: la Wing & Zoning O ~ ial Date: Approved by the Planning & Zoning Commission: Date: a2 4.t~v_..7......ICnnx,~olrrr~x .. r. r,nr.Tm,T..~,.. .,,~,.,. ~,..+ ,,,,,. .., ..,+..... . ~ Side yard ~ ° ~ ' irx~ `° Q 4 o 0 ~ ~ _ ~ ~ ~ ~ ~ ~ W W .`~I '~/' _ ~ ~~ry N I~~I I 1 -~I -~- td~S ~~ ~. .~ i ~ n ~I ( ° O 0 ° ~ °~ ~ o l ~-~ T~ ~ ~~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~ ' ~ M N ~ V C~ r-+ ~ U ~ w ~ 0 ^ ~° ~~ N U N L G t .~ bI C O ~ a~ 0 w .~. 0 ~ U A~A] .~ L~ V~ -+'f A 297.91' O O c~ p,./ ~ t~lJ bl} ~ ' ~ ~ N .? ~ a ~ ~ ~u~d V \~ s [~ O O ~Q ~~ v ~~ ~~ ~~ ['~ d' ~~ H W FI ~.i ~ ~ TJ ~ i~ ~.J E-+ W Side yard E~ 163.28' ~upJ fry ~ ~ L ~ nO O ~ !U Cc3 i.. c~i L7 .b O w 00 0 ~~ ~~ ~ U •~ ~ Q 'd O ~ ~ O a~ ~ o o b cis ~ ~ _ ~ ~ a~ E-r ~,., W ~ U ~ ~ .~_ W ~ ~ '~"~ ctt ~ W t a~ ~ O ~ ~ ~. al ~ o ~ ~ ~ v ~ O v ;~ .~ V ~ ~H ~ ~ ---~ ~~ U ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ W H w ~--~ 4~ .,~ v 4~ W Fire & Life Safety Kenai Fire Department inspection Report 105 South Willow Street `~~~~~ ~' ~'~~~. ~~' o~ ~. ~. Phone {907) 283-7666 Kenai, Alaska 99611 Fax (907) 283-8179 . ~'--rte-~ ~,, ~, !s!' ~~ To: ~'~ ~ t- rC.~~, ~ ~ ... _ Occupancy Name: ~G~`~ ~ ,~ i' ~ ~ ~ ' •~ ail., !° ~~/ Street Address: ~, • f 4'1 1 ~~ ~~ ~ Inspection Date: ~~ Phone No: ~~ ~ ~ ~ ~~7 ~~= 3 ~ ~ 1~`~ C~~ , - !~-~i~ _ ~~, ~ C~ INSTALLED ACTIVE LAST SERVICED Sprinkler System ^ Yes ~No ^ Yes ^ No SERVICED BYIPERMIT # Hood 8. Duct System ^ Yes ~No ^ Yes ^ No `/ ~ Standpipe System ^ Yes ~No ^ Yes ^ No `~ ,~ Fire Extinguishers Yes p No Yes ^ No ;,~ /'j!~ Proper Type (Description Yes ^ No `` Evacuation Drills Req ~YeS ^ No LAST CONDUCTED ~y'~ (~,~-~~ 1l/ w Fire Alarm System ~ Yes ^ No ~, Yes ^ No ^ Manual ^ Automatic moire Detectors ^ Heat Detectors ^ Knox Box The following deficiencies were noted and corrections must start immediately. ~ ~ ~ C' ~ Vic- C ~ ~• c~ !~~~, • ~.~' ~ ~~~~~- C' ~ .,~--rte ~~~ . rG ~,n s ~ / 1j: ~~' ~ f C ~ I1'4/~`::l.Lf ~ -~--/ w' /~-~~`~ ~ vJ ~ I^F'i' ~'C• ~~E ~ ~L~ ~iC! i )•! I I?7 ~ rr: ~ • A response must be forwarded to this office by indicafing fhaf fhe deficiencies noted above have been corrected. !f you have any gcrestions or need more time fo correcf any item confacf this ffice by phone X1283 ~~668 or by email kfdepf@cLkenai.ak.us Signature: i ~-~ ~ r~ r~ Date: .~-~-- Cc- c }i Relation to Property: Inspector: ~ ,~ ,'.~%~. ~1..G~'~~.?~ Authority: Kenai Municipal Code 8.15.020 - 8.15.050 - 8.15A60 - 8.15.070 - 8.15.080 - 8. .110 Rey. 6r00 0 °I ~f .~ a a M M C ••F•r J U a F= Z W O fN W 0:. Z Q ~~i Lf m ~ ~ a 'c a ~ N E ° L N ~ Q a ^' ~' W ~I a` ~I yr 0 0 w~ J ~ ZY 0 ~° O ~ ~m ~ ~ A 0 W tn~ ~ ~ZJ ~W L fA W ~QZ ~ ¢=a Q=ate ~~~ m J ~ U a r V a ^~ a _ ~oZ~ c~Z~ iaom N ~rY~ SrY ~ Y ~ c i a? c /a 4 w ~ O . W d Z (/J N ~ o _ r _ __ C p N .~ ,~ N CL. a ~_ fl V a C cv a C c 1 .~ L Q c .~ m a 0 0 m h 0 N N 0 m A h m M N n 0 N N u ~~ 0 m° h T 3 J W Z Z a x v r G5 CITY OF KENAI ~~ c~ ~~ ~ ~~~,~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283.3014 I~I~~1 ~~: MEMO: TO: FROM: DATE: SUBJECT: Planning & Zoning Commission Marilyn Kebschull, Planning & Zoning Administration February 21, 2001 Lease Application -State of Alaska, Division of Forestry Attached is information regarding a lease application from the Division of Forestry. As noted in Ms. Howard's memo, the Commission needs to determine if the intended use complies with the zoning ordinance and the comprehensive plan. This property is located adjacent to the new Airport Rescue and Fire Fighting and Snow Removal Equipment facility. The land is zoned IL-Light Industrial. Airports and related uses are permitted in this zone. The Comprehensive Plan states that, "All improvement projects should be in accordance with the current Airport Master Plan, any future updated plans, and FAA approval." The Airport Master Plan shows this area as reserved for commercial aviation air cargo. Based on this information, it appears the lease application meets both the zoning code and the city's comprehensive plan requirements. ~~ Attachments CITY QF KENAI -~ G~ G'~l o~ ~41~ ,r ,,~ 2i0 FiDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHON 7-283-7535 . _ FAX 90 -283- ~4 ~C FFB ~D 1992 Memorandum Date: February 15, 2001 To: Planning and Zoning Commission For: February 28, 2001 Meeting From: Kim Howard, Assistant to City Manager 1V RE: Lease Applicat~oa -State of Alaska, Division of Forestry Attached is a lease application fora 392' x 400'piece of property adjacent to the future Crash/Fire/Rescue facility at the Airport. The Division of Forestry is asking for aone- year term with an option for aone-year renewal. The purpose of the lease is to provide an air tanker re-load base to be used in the suppression of wildland fires on the Kenai Peninsula. The City is currently in the process of having the Crash/Fire/Rescue facility site and the F.A.A. Tower properties surveyed. In preparing the survey, the surveyor has been asked to include another lot that could be used by the Division of Forestry. Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation Administration. The Federal Aviation Administration allows the property to be leased for aviation use. The Airport Commission will review this application at their March 8th meeting to determine if the intended use complies with the Airport Masterplan. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and comprehensive plan of the City. The recommendations of both commissions will be forwarded to the Kenai City Council for their March 21, 2001 meeting. Cc: State Division of Forestry /kh Attachment ~;'F:~r, ~f, .. l ~+ l ~.»~. Ii 's "f• £ f~ 4" ~ ~ N ~ y ~ Na1~'.~u~~~. CITY OF KENAI 210 Fidalgo Avenue, Suite 240 Kenai, Alaska 99611-7744 (907) 283-7530 LEASE APPLICATION Name of Applicant f Forestr Address IQ1 Airport Road Palmer, Alaska 99645 Business Name and Address same Telephone _ . _ Officer Kenai Peninsula Borough Sales Tax No. (if applicable} State of Alaska Business License No. (if applicable) _ ~/A Legal Description a 'scent to Crash/Fire/ Rescue lot at the Kenai Municipal Airport. Purpose of Proposed Lease T~ rovi.r3P an a; rt;ankPr rA-~ c,ar~ bacA for Fire Reepon Term of Proposed Lease 1-year firm term with option for 1-year renewal. Description of Proposed Development {type, construction materials, size, etc.) See proposed development plan. Electricity, water, gravel pad to support 3 each I.0,000 gallon retardant/water tanks. Site improvements Time Schedule for Proposed Development • Beginning Date _ Contingent _ on funding • Completion Date (maximum of two years) Phase I within 2 -years Estimated Value oflmprovements $ See phase development & estimated costs APPLICANT'S SIGNATURE: Date: 2~ I ~ b~ APPLICANT'S SIGNATURE: Date: r~~-iv-ul ral ua:1t3 HI"I rnn 1VU. yUf fC31bLLf r, ~]~ FEH.15.~001 12=~~Pr1 CITY bF KENAI X10,556 N.~i;~ CITY OF KENAI LEASE APPLICATION CHECKLIST ' (All items must be completed before application can be accepted.) Attach a development plaA drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also aezd to show the following. _ ' I. Fxisti~g buildings NIA j 2. Proposed buildings Phase II-temporary structure. may require a building permm . ' Plans for a building will be submitted when funded. 3 • Parking facilities (hove many spaces and location} See attached 4. Site improvements • Areas-to be cleazed and method of disposal See attached • Proposed gravel or paved areas See attached • Landscaping plan (retention of natural vegetation and/or proposed planting areas) Phase DI -- may require site plan approval 5. Building set backs As required by Cod b. Drainage plan and method of snow removal See attached. Primarily sumrnet~ operation, 7, Circulation plea (all entrances, exits and on-site access} Access off of apron in coordination with Aitpo Manager, 8. Location of siga(s} -sign permit required NIA at this time. 9, Fencing --permit required i#'height is over 6' Phase 10,G~irb cuts (where applicable} NIA l I. Building height NIA at this time i2, FAA Form 7460-1 submitted to FAA (City provides to applicant -for buildings on airport land.) N/A at this time. _ _ . _ . _ _ - .. .... ~ .... ..... .... ~ ~ ... .. i ~ i l V ti Ft=D.1~.20a1 12~~aPr~ CITY OF K~~IRI MC.;SE P.3i~ CITY OF KENAS LEASE APPLICATION -CONDITIONS OF ACCEPTANCE {To be completed by the City) Kenai Penins-ila Bvraagh Parcel No. Hasn't bean surve~r~ Zaaing Light Iadarstrial~~ Permits Required; • Couditianal Use Permit NIA • Landscape Review As required by Ca~ • Building Permit As rcquixed by Cvde • Sign Permit As required by Cade Assessments None Inswrance Limits Required Self-insure '~ Consrruetion must begin by Contingent an fundin Completion date for major construction Phase II ~vitbin 2 ye i - ~ .~ ~~ I ~~ ~ , . ' ~~ i ~ ~ ~ ~~~~ CQ aiI A~n~ovet ,..., _ City CICrk "" ' ' ~, ...__..._._ .. ,_,...,._...., .. ~.....__...._.._._.___k,....~.. ,..~ ....,._.,.., . , ......... __...... ,,. ,., _.. _, THIS APPL~CATiON WILL BE MADE A PART pF THE LEASE 3 MEMORANDUM DNR/Division of Forestry ro: Rick Ross City of Kenai r-ROM: Bill Beeb~ Coastal Region FMO State of Alaska Coastal Region Aviation RECEIVED onrs: Feb 12, 200 [J] Fa.arro: 9-2170 BCD ~ ~ IEJUI rEt.~eorrEHO.: 761-62 9 CITY OF KENAI ADMINISTRATION ~-n~nrr.: Dennis c er nr.state. .us sos~cr: Kenai Retardant Site Lease The Division of Forestry is interested in leasing a lot approximately 400' x 400' adjacent to the Crash/Fire/Rescue facility at the Kenai Municipal Airport for the purpose of providing an airtanker re-load base to be used in the suppression of Wildland Fires on the Kenai Peninsula. We have attached a lease application that proposes a 1-year lease with a 1-year extension. Funds far site development have been requested under the Kenai Peninsula Borough Spruce Beetle Task Farce. Development of the site and construction of improvements will begin when these funds have been approved and received. ,Site development would occur in Three Phases (See Proposed Lease Site Map & Spreadsheet for estimated costs): Phase I development (minimal operational capability} would include: -clearing overburden and hauling gravel to the "gravel pad", an area adjacent to the existing ramp (100' x 400', approximately 1 acre} -Installing a telephone line (1 or 2 lines, plus fax) -Providing a minimal electrical drop (200 amp service) -the use of existing Forestry retardant tanks, pumps, and mixing equipment. -the use of the existing water hydrant on road and utilize an above ground 3" hose to refill tank -Phase 1 cost estimate-$91, 000. Phase II development (intermediate capability) would include: -all the improvements of Phase I -Paving the "gravel" pad. {approximately 1 acre) -install a water line to the trailer and retardant tank -install a sewer line to the trailer -develop access to the lot, that is separate from the CrashlFire/Rescue Facility -provide security fencing to the facility. -provide 3 ea (new}, 10,000 gallon tanks for waterlretardant -new trailer or temporary/seasonal office space -Phase II cost estimate-$79, 000 plus $91, 000 (Phase I) _ $173, 000 2001 Kenai Retardant Lease Caner Letter Phase III development (full development) would include: -all of the improvements of Phase I and II -Paving approximately 2 112 to 3 acres of the lot to provide for additional ramp space for vehicle parking, helicopter management, and a staging area far supplies. -Provide 3-phase power to the site for electric mixing and loading pumps. -install tea 20HP motors and pumps -install a retazdant metering device -provide for treatment of retardant wash-down from aircraft. -Phase III cost estimate-$356, 000 plus $173, 000 (Phase I plus Phase II) _ $529, 500. The Division of Forestry is also requesting a special use permit with the approval of the airport manager, to temporarily move retardant storage tanks and mixing equipment to a ramp site to facilitate operations during the 2001 fire season. b .y ~, D Estimated Cost for Kenai Airtanker Re-load Base December ~, 2t}Q0 j Phase I (minimal ,Phase II operational ~~, {intermediate capability) capability} I~ ~ Phase I II (Full ~ Development) Comments I I i Site Development j Gravel Building Pad Paving $O.OJ 30.0 150.0 ' 90.0 Clearing, grubbing, excavation, 8~ sand/gravel fill ~ ': ~ Telephones 1.0~ 1.O I 1.0 Providing 2 or 3 telephflne fines ~~ Power I Single Phase (200 amp) 2.01 ;minimal service 3-Phase ~ 40.Olelectric retardant pumps Water 5.01 'to install water for seasonal office i ?space and retardant refill Sewer 5.0 Ito provide sewer far seasonal offce 10.01 Dry-well to treat retardant washdown Security Fencing 5.0 j ApparatuslEquipment ~ Water Tank 10.0 I Retardant Tank #1 10.01 Retardant Tank #2 10.0! loading Pump & Motor 4.Oi Recirculating Pump 4.0 f Electrical Panels ; 5.0~ Air Compressor I 3.51 loading Hoses & Fittings j 5.01 I Micromotion Machine ~ 12.0 I TemplSeasonal Office Space 1.O 5.01 40.0 E Subtotal , 94.0 79.5 i 356.01 ~ i Phase I total 94.01 Phase II total (I+II) 173.51 Phase 111 fatal (I+II+111) 529.5 t est. $100,0 es#. $200.0 est. $550.0 Kenai Retardant Site (Estimated Costs).xis CITY OF KEN ~ ~ AI 210 FIQALGO AVE., SMITE 200 KENAI, ALASKA 99611-7794 ~~ TELEPHONE 907-283-7535 . _ FAX 907-283-3014 ~ ~~ ~II~~~ X992 Memorandum Date: February 22, 2001 To: Kenai Planning and Zoning Commission From: Kim Howard, Administrative Assistant RE: Block 3, Five Irons Heights Subdivision The City recently received a request asking that Block 3, Five Irons Heights Subdivision be made available for sale. KMC 22.05.010 states, "Disposal ar 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. The ordinance is scheduled for introduction at the March 7th Council meeting and for public hearing at the March 21st meeting. Attachment Cc: Shawn R. Anderson, d/b/a S.A.C. Services /kh Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND DESCRIBED AS BLOCK 3, FIVE IRONS HEIGHTS SUBDIVISION, CONSISTING OF 4.391 ACRES, AS SHOWN ON THE ATTACHED EXHIBIT A, IS NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai received title to this property from the State of Alaska in 1966; and WHEREAS, the City has received a request asking that the referenced property be made available for sale; and WHEREAS, sale would be by competitive bid at not less than the fair market value; and WHEREAS, KMC 22.05.010 requires that the Council determine whether certain City-owned properties are needed for a public purpose, stating, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required far a public purpose."; and WHEREAS, after review by the Planning and Zoning Commission and the City Administration, it is recommended that the property identified on the attached Exhibit A be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned lands described as Block 3, Five Irons Heights Subdivision, consisting of 4.391 acres, as shown on the attached Exhibit A, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21St day of March 2001. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 7, 2001 Adopted: March 21, 2001 Effective: April 21, 2001 (2/21/2001)kh s m b S~2iIMS I b~~~~?i ~'~s~ ~~'~s 0 .~ ~. M U O m ~~I -s ~~ ~~ fl v 0 J ~~ o -~ ~ 3 ~ ~ ~ .r ..._ - - - ....._ Exhtbi# 'A' z 0 m w z 0 w 0 0 .~ •nn nnnn~~u~ GI ~l, AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 21, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: I I 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 COMMF3NTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC ~~~qf-xe~ 14.20.220 and Replacing it with a New Sign Cade, KMC 14.20.220. ~ a. Substitute Ordinance No. 1,893-2001 -- Repealing the Current ~ °x~~ Sign Code, KMC 14.20.220 and Replacing it with a New Sign °7~~ Code, KMC 14.20.220 [includes amendment proposed by Planning & Zoning Commission at KMC 14.20.220(a)(1 I~~. b. Consideration of ordinance. 2. Ordinance 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 14.20.105 (i~ . ~J~~ ~ 3. Oraiaaace No. 1895-2001 -- 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 of Birch Island (Borough Parcel No. 049-110-09J After the Property is Transferred to the State of Alaska. 4 Ordia ce o. 1896-2D01 - easing Estimated Revenues and opriation y $17 0 in the ort Te n rprise Fund f Carpeting and Floor Covering Replace and Seating. -1- /~p~ L(, 5. Resolution No. 2001-11 -- Transferring $6,000 in the Legislative Budget to the City Clerk Budget to Continue In-House Record Management/Document Imaging Efforts. 6. *Liquor License Renewal -- Elks Lodge #2425 -Club License ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Cammission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report ITEM E: MINUTES *Regular Meeting of February 7, 2001. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified ~~prv~~' ~^~~ 2. Purchase Orders Exceeding $2,500 3. *Ordiaaaee No. 1896-2001-- Increasing Estimated Revenues and Appropriations by $10,480 for Revenue Sharing Pass-Through Grants. 4. *Ordiaaace No. 1897-2001 -- Increasing General Fund Estimated Revenues and Appropriations by $14,040 for a Memorial Park Sidewalk Extensions. 5. *Ordiaance No. 1898-2001 -- Amending the Development Requirements Table by Adding a Requirement for Setbacks to be Measured From the Right-of--Way or Access Easement. .~~ ~Y yj~~ le,aaal 6. Di~teussioa -- Schedule Board of Adjustment Hearing/Appealing the ~t 7~,~ G~y~ Decision of the Planning & Zoning Commission on PZ01-02, PZO 1-03, PZ01-04, and PZO 1-05, Relating to Conditional Use Permits Applications Submitted by Michael Kent, d/b/a Alaska Lodge/James Krein, Applicant -2- ITEM I: 1. 2. 3. 4, 5. 6. 7. ITEM J: 1. 2. Discussioa -- Set Budget Work Session Dates Discussioa -- Set Volunteer Appreciation Reception Date ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Managers Airport Manager DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION -None Scheduled ITEM K: -3- MEMBERS Ann Bayes Chairperson Anchor Point Term Expires 2001 Peggy Boscacci 5eldovia City Term Expires 2003 Lynn Hohl Seward City Term Expires 2002 Blair Martin Areawide Term Expires 2003 KENAI PENINSULA BOROUGH PLAT COMMITTEE KENAI RIVER CENTER 514 FUNNY RNER ROAD SOLDOTNA, ALASKA 99669 5:30 p.m. February 26, 2001 Tentative Agenda A. CALL TO ORDER B. ROLL CALL ~F~ Fr~~ '~~ o ^\ ~~~oi ~ C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. John Hammelman 3. Minutes ALTERNATES John Hammelman Areawide Term Expires 2002 1im Skogstad Hope Term Expires 200! a. February 12, 2001 D. SUBDNISION PLAT PUBLIC HEARIlVGS 1. Last Lake Subd. Canyon Ridge Addition Preliminary; KPB File 2001-025 IntegritylRough/Davis Location: Seward area, Lost Lake Trail Head 2. Fourth of July Creek Subdivision Seward Marine Industrial Center Cook Inlet Processing Replat Preliminary; KPB File 2001-029 Integrity/City of Seward/Cook Inlet Processing Location: East side of Resurrection Bay, on Nash Road Withdrawn at the regaest of the City. 3. Creekside Park Subdivision Preliminary; KPB File 2001-026 McLane/Zimmerman Location: Southeasterly of Seward Highway, on Bear Lake Drive (on Bear Creek) 1 f'' ,,. ~,.. , , .1 'Sa ~~ f,f ``..r 4. Caribou Lake Homestead Chase Addition Preliminary; KPB File 2001-027 ImhofflChase \'~ Location: North of Homer, near Caribou Lake ~ Kachemak Bay Advisory Planning Commission ~~ ''~' ' S. Kline Subdivision F°'f Preliminary; KPB File 2001-028 Segesser/Kline Location: West of Sterling Highway, north of Echo Lake Road E. ADJOURNMENT NEXT REGULAR MEETING The next regularly scheduled Plat Committee meeting is March 12, 2001 at 5:30 p.m., Kenai River Center, S 14 Funny River Road, Soldotna NOTE NEW MEETING LOCATION The March 25, 2001 Plat Committee meeting will be held in the library, Chapman School, 3421 S Sterling Highway, Anchor Point at 5:30 p.m. 2 KENAI PENIIVSULA BOROUGH PLANNING COMMISSION KENAI RIVER CENTER 514 FUNNY RIVER ROAD SOLDOTNA, ALASKA 99669 February 26, 2001 7:30 P.M. Tentative Agenda John Hammelman Chairman A. CALL TO ORDER Areawide Term Expires 2002 B. ROLL CALL Philip Bryson Vice Chairman Kenai City T E i C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT erm xp res 2001 AGENDA Ann Bayes Parliamentarian Anchor Point All items on the consent a ends are considered routine and noncontroversial by the Planning Commission and will be g Term Expires 2001 approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered Peggy G. Boscacci in its normal sequence on the regular agenda. PC Member Seldvvia City If you wish to comment on a consent agenda item or a regular agenda item other than a ublic hearin p g, please advise Term Expires 2003 the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. Lynn Hohl 1. Time Extension Requests PC Member Seward City Term Expires 2002 a. Misty Ridge; KPB File 2000-053 Brent Johnson Imhoff/Halverson PC Member ICasilof Area Location: North of Diamond Rid e Road g Term Expires 2003 Blair Martin b. Watson Tracts; KPB File 98-108 PC Member Johnson/Rentmeester Areawide Term Expires 2003 Location: Intersection of East Hill and East End Roads JimSkogstad c. Kachemak Selo; KPB File 99-145 PC Memher Hope Abillty/ReutoV Term Expires 2001 Location: Head of Kachemak Bay Bill Smith PC Member 2. Plats Granted Administrative A royal Homer City Pp Tenn Expires 2001 3• Plats Granted Approval Under 20 04 070 -N Dick Troeger . . one PC Member Soldotna City T 4. Plat Amendment Requests -None erm Expires 2002 Vacant Seat 5. Coastal Management Program Areawide Term Expires 2002 a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. John Hammehnan 8. Minutes a. February 12, 2001 Plat Committee Minutes b. February 12, 2001 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to fve minutes per speaker unless previous arrangements are made.} E. UNFINISHED BUSINESS 1. Public Hearing; 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 Carried forward from February 12, 2001 2. Public Hearing; 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 Carried forward from February 12, 2001 F. PUBLIC HEARINGS -None G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Voluntary Permit Conditions for Conditional Land Use Permits 2. Time Extension Request; Northern Enterprises No. 1; KPB File 2000- 020; Ability/Moore; Location: Kachemak Drive I. SUBDNISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review five plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) z A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 24' x 40' addition to an existing boat ramp within 50 feet of ordinary high water of the Kenai River; State of Alaska Division of Parks & Outdoor Recreation; Location: State Park's Cooper Landing Boat Ramp, on Tract B, Alaska State Land Survey 82-109, Section 28, TSN, R3W, S.M., at the mouth of Kenai Lake at River Mile 82, left bank; KPB Parcel No. 119-090-17; KPBPC Resolution 2001-04 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS 1. Proposed Changes to Chapter 50; Alaska Process for Consistency Determination, Review, and Petition for Coastal Management Program (ACMP) Implementation 2. Consistency Review; Peterson Bay 15; Reid Middleton, Inc.; AK 0012-10AA L. OTHERINEW BUSINESS 1. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Sterling; Card 2. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Soldotna; Area Investors 3. Prior Existing Use far a Sand, Gravel or Material Site Determination; near Sterling; Huske 4. Prior Existing Use far a Sand, Gravel or Material Site Determination; near Anchor Point; Glanville 5. Prior Existing Use for a Sand, Gravel ar Materia! Site Determination; near Seidovia (Seldovia Landfill); Seldovia Native Association 6. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Beluga (Beluga Landfll); Kenai Peninsula Borough 7. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Soldotna (Soldotna Landf 11); Kenai Peninsula Borough 8. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Homer (Homer Landfill); Kenai Peninsula Borough 9. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Hamer (Eagle Lake Gravel Site); Kenai Peninsula Borough 10. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Anchor Point; Ledger 11. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Seward; Rough M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. 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% 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. Kenai Peninsula Borough Planning Commission Resolution 2000-26: Establishing the Plat Committee as the Initial Tribunal for 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 26, 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 March 12, 2001, Kenai River Center, 514 Funny River Road, Soldotna at 5:30 p.m. The March 26, 2001 Plat Committee meeting will be held in the library, Chapman School, 34215 Sterling Highway, Anchor Point, at 5:30 p.m. PLANNING COMMISSION The next regularly scheduled meeting of the Planning Commission is March 12 2001, Kenai River Center, 514 Funny River Road, Soldotna at 7:30 p.m. The March 26, 2001 Planning Commission meeting will be held in the library, Chapman School, 34215 Sterling Highway, Anchor Point at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED January 31, 2001 Memorandum to Advisory Planning Commissions Regarding Guidelines for Comments 2. Ordinance 2000-19-07: Authorizing the Sale of Russian Gap Subdivision in Cooper Landing by Sealed Bid and Appropriating $492,123.00 from the Land Trust Fund for Constructing Roads and Utilities 3. Notification of Assembly Veto of Planning Commission Decision; Vacation of a Portion of a Section Line Easement; Sonnichsen, Anchor Point Area 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/planningde~t OTHER MEETINGS Kachemak Bay Advisory Planning Commission February 22 Moose Pass Advisory Planning Commission March 7 Kenai Peninsula Borough Trails Commission March 8 Kachemak Bay Advisory Planning Commission March 8 Anchor Point Advisory Planning Commission March 13 Cooper Landing Advisory Planning Commission March 14 Kachemak Bay Advisory Planning Commission March 22 ! 1~ CITY OF KENAI 2000 ANNUAL CLG REPORT A. LOCAL PRESERVATION ORDINANCES; 1. Four ordinances passed by the Kenai City Council affected the local preservation ordinance. Copies of the ordinances are attached. The following provides a brief description of these four ordinances: • Ordinance No. i 866-2000-Created the Kenai Historic Commission. Adopted on June 21, 2000. Effective July 21, 2000. • Ordinance No. 1867-2000-Amended KMC 14.20.105 to eliminate the Townsite Historic District Board {TSH} and transfer some of its duties to the Planning and Zoning Commission. Adapted on June 21, 2000. Effective July 21, 2000. • Ordinance No. 1887-2000-Eliminated the Kenai Historic Commission by repealing Ordinance No. 1866-2000. Adopted November 15, 2000. Effective December I5, 2000. • Ordinance No. 1892-2000-Amended KMC 14.20.010 and 14.05. i OS to assign the duties of Historic Preservation to the Kenai Planning and Zoning Commission. Adopted December 20, 2000. Effective January 20, 2001. 2. There were no changes to the City of Kenai's Comprehensive Plan during 2000. B. LOCAL HISTORIC PRESERVATION COMMISSION OR BOARD: 1. Through the adoption of the above-noted ordinances, the makeup and responsibility of the Historic District Board changed dramatically. At the start of 2000, the Board had four members and three vacant seats. Board membership was as shown below: Kenai Historic District Board MEMBER POSITION Michael Huhndarf Chair-Historian Bill Klu e Vice-Chair Architect Ethel Clausen Member Emil DeForest Member Vacant Member Vacant Member Vacant Member Joe Moore Council Person-Ad Hoc In Apri12000, the City filled the three vacant seats. With a full Board seated, the membership was as follows: Kenai Historic District Board MEMBER POSITION Michael Huhndorf Chair-Historian Bill Klu e Vice-Chair-Architect Ethel Clausen Member Emil DeForest Member Gwen Preston Member Pamela Russell Member Alexandra Lind ren Member Joe Moore Council Person-Ad Hoc In July, the Kenai Historic District Board became the Kenai Historic Commission this was the result of Ordinance No. 1$6G-2000. The membership remained as noted above. At this same time, the Planning & Zoning Commission assumed duties previously held by the Historic District Board. The new Kenai Historic Commission would advise the Planning & Zoning Commission on historical issues as needed. The City of Kenai's Planning and Zoning Commission membership is as follows: Kenai Plannin and Zoni n Commission MEMBER POSITION Carl Glick Chair Phil B son Vice-Chair Ron Goecke Commissioner Barb Nord Commissioner Don Erwin Commissioner Am Jackman Commissioner Mike Morse Commissioner Duane Bannock Council Person-Ad Hoc Mr. Alan Boraas continues to remain available to the Board to fulfill the needs of the archaeologist. Two former board members have agreed to provide professional consulting advice to the Planning Commission in matters of historic preservation. Bill Kluge will consult on architectural issues and Mike Huhndorf will address historical issues. 2. Planning and Zoning Commissioners have not been asked to provide statements of occupation andlor expertise. 3. The Historic District Board started the year with three vacancies. In April, three new members were assigned to the Board resulting in a fully seated Board. The City Clerk is responsible for the City's Boards and Commissions. Vacancies are advertised by ward of mouth, public information advertisements, and by mailing information to citizens whom have served on various boards and committees in the past. 2000 Annual CLG Report Page 2 4. During 2000, the Historic District Board meeting schedule changed from quarterly to monthly when the Board became a Commission. During 2000, the following meetings were held: MEETING DATE Re lar Meetin Janu 17, 2000 Re lar Meetin Janua 24, 2000 Work Session Aril 3, 2000 Work Session & Re lar Meetin Aril 17, 2000 S eciai Meetin June 14, 2000 Re lar Meetin Au st 21, 2000 Re lar Meetin Se tember 18, 2000 Re lar Meetin October 16, 2060 Copies of the minutes from these meetings are attached. On January 17`" a quorum was not established and the meeting was rescheduled for January 24'". At the special meeting on June 14`", a quorum was not established and a work session was held. On September 18`", a quorum was not established and a brief work session was held. Again on October 16`", a quorum was not established and a brief work session was held. After the adoption of Ordinance No. 18$7-2000 that eliminated the Kenai Historic Commission, no further meetings were held in 2000. The Planning and Zoning Commission assumes responsibilities for preservation activities in January 2001. 5. The Board did not formally participate in any CLG training or conferences during 2000. Board members Emily DeForest and Ethel Clausen attended the historic preservation meeting in Anchorage on January 29th. C. SURVEY AND INVENTORY OF HISTORIC PROPERTIES: Note: This information did not change during 2000. In July 199b, Preservation North completed the survey of the Townsite Historic District, which was funded through a CLG grant. The area surveyed was approximately 70 acres and included 32 properties in the Townsite Historic District and 12 properties in the adjacent area. 2. Thirty-two historic properties were surveyed. AHRS cards were completed for these properties. 3. This was the first survey of historic properties for the City of Kenai. The survey cataloged historic properties providing the City with information as to what properties existed, their condition, owner, etc. This information will be used when revising or preparing development guidelines for the historic district. For the properties surveyed, there were 28 different property owners. 2000 Annual CLG Report Page 3 D. PRESERVATION PLANNING ACTIVITIES: 1. The City of Kenai's Preservation Plan was completed in 1998 and approved by Kenai City Council Resolution No. 98-71. E. NATIONAL REGISTER PROGRAM PARTICIPATION: The CLG did not evaluate any properties for listing on the National Register of Historic Properties during 1999. F. PROTECTION OF HISTORIC PROPERTIES: A special meeting was held on June 14'h to review a development proposal submitted for 509 Overland Drive (Lot 4, Block 5, Original Townsite of Kenai). This property was identified as 517 Overland Street, page 156, in the Kenai Townsite Historic District Survey Report. The proposal was to demolish the structure and rebuild at the site. A quorum was not established at the meeting; however, the members present voiced their concerns. Through the discussion, it was determined that this property had not been assigned an AHRS number and held little historical significance. Board member Huhndorf noted he had met with the applicant and didn't have any concerns about the proposal after that meeting. The Board's input was provided to the Planning and Zoning Commission and the project was authorized to proceed. G. PUBLIC EDUCATION PROJECTS: 1. During this year of transition, the Board never completed any projects. The Board had planned to continue with their proposal to obtain a parcel of land for a museum site and inventory historical items in the city. Due to the Board's inability to organize as a group, this project never came to realization. 2. The walking tour project that was completed as a joint effort with the Kenai Visitor and Cultural Center continues to be popular with tourists and local citizens. The City of Kenai assisted the Visitors Center with funding to produce the brochures that are provided to the public at no cost. 2000 Annual CLG Report Page 4 H. HISTORIC PRESERVATION GRANT ACTIVITIES: The City of Kenai did not apply for any CLG Historic Preservation Fund grants during 1999. 2. The City of Kenai did not apply for other (non-CLG} preservation grants. I. OTHER PRESERVATION ACTIVITIES: 1. As has been noted in prior years' reports, the Shk'ituk't Village park proposal continues to be a goal. The Shk'ituk't Village sign (constructed in 1996 as part of a CLG grant) is located at a parking area overlooking the mouth of the Kenai River. This site is a popular area for people to view the mouth of the river. In past year's reports, it was noted that the City was not taking any action on the park proposal awaiting the FAA's removal and cleanup of the FAA antenna farm. The FAA has removed the structures from the site and an environmental site assessment is being conducted. In conjunction with revising the City's Comprehensive Plan, the City proposes to conduct an economic development study for the properties located in this area. It is the City's intention to recommend that an area be set aside for the park. 2000 Annual CLG Report Page 5 PERKINS C4ZE t~,~ AMERICAN PLANNING ASSOCIATION PLANNING COMMISSION TRAINING WORKSHOP Anchorage, Alaska February 16, 2001 DPEN MEETINGS' IN ALASKA Gordon J Tans Alaska's Open Meetings Act: A Guide For Local Governments and School Districts (2d ed. 1996), a 39 page booklet by Gordon Tans, is now available on the Internet at: www. perkinscoie. com/resource/muni/tans. htm OPEN MEETINGS IN ALASKA -CORDON TANS ICI, WHO IS COVERED BY THE ACT? A. Public Entities • city • borough • unif ed municipality • school district • public authorities and corporations • units of political subdivisions B. Governmental Bodies • council • assembly • board • commission • committee and subcommittee • similar body C. There Are Two Types of Bodies • bodies with authority to establish policy or make decisions • bodies with authority only to advise or make recommendations • both types aze covered by OIVIA, but in different ways D. Specific Ezamples of Bodies Subject to OMA 1. Policy-making and decision-making bodies • city council • borough assembly • school board • board of adjustment • boazd of equalization • planning and zoning commission • port authority board • service area board l:T.,.. hanrin,He _~_ F.h..,,n, 17 ~M7 GPEN MEETINGS 1N ALASKA ---- GORllON TANS 1 2. Advisory-only bodies • neighborhood council • advisory library board • advisory conunissions • joint city-borough task force E. Who Is Not Covered? 1. Individuals • lobbying one member • one person with authority to act 2. Employees and staff 3. Quasi-judicial bodies so.__ lely when making decisions • for example, board of adjustment, board of equalization, boazd of appeals, planning commission • adjudicatory proceedings only 4. Organizational votes • election of officers of the body S. Meetings of membership organizations • for example, Alaska Municipal League conference, but no business of the governmental body may be conducted there 6. Hospital staff f:T-n. 6.w.i~..... _7_ F~kw~.r~~ 17 7M5f OPEN MEETINGS IN ALASKA - GORDON TANS In. WHAT IS A MEETING? • two significantly different definitions depending on type of body A. Meeting Of ADecision-Making Or Policy-Making Body A meeting of adecision-making or policy-making body is defined as: any gathering .. . • of either a majority or 4 or more members of the body .. . • where members collectively consider .. . • any matter upon which the body is empowered to act 1. A meeting may take any form • formal or informal • regular or special • work sessions not necessarily prearranged • social gatherings where business is conducted or members collectively consider a matter over which they have authority • teleconference meetings -allowed, with special requirements 2, Four members or a quorum make a meeting • quorum is ordinarily a majority 3. Issue: Telephone polling or serial meeting • a series of calls or contacts may circumvent the OMA by predetermining the outcome without public discussion • sometimes an outsider acts as a go-between 4. Issue: The meeting within a meeting • a recess outside of public view may be a meeting 5. Issue: Lobbying by the mayor • if mayor is a member of council, his lobbying probably will be considered a serial meeting if he contacts too many • if mayor is not a member of the governing body, it is uncertain if his lobbying constitutes a serial meeting 6. Issue: Social gathering • a purely social gathering is exempt QPEN MEETINGS IN ALASKA ---- GORDON TANS • but, if any public business is discussed, it is no longer a social gathering • violation of OMA can occur even if it is a public social event B. Meeting Of An Advisory-Only Body A meeting of an advisory-only body is defined as: • a gathering .. . • of any number of members of the body .. . • prearranged .. . • for the purpose of considering any matter upon which the body is empowered to act 1. A meeting is prearranged • a chance encounter is not a meeting • any gathering prearranged for any step of deliberative process is a meeting 2. Any number of members can constitute a meeting • two or more 3. Telephone palling or serial meeting • see above 4. Social gathering • if not prearranged for business purposes, it is not a meeting • if prearranged for business purposes, it is a meeting r.~ra.,. tiwn.in..r. _S_ G.M,...v i~ ~mi OPEN MEETINGS IN ALASKA - CORDON TANS IV. PUBLIC PARTICIPATION A. In General -Public Rights Under OMA • OMA grants the public the right to be present • OMA grants the public the right to listen • OMA grants the public right the to review agency materials at teleconference sites B. Reasonable Opportunity To Be Heard -Title 29 AS 29.20.020{a) gives the public the right to a "reasonable opportunity ... to be heard" • that statute also makes the council or assembly responsible to provide that opportunity at meetings of all municipal bodies • "reasonable opportunity" also means that reasonable restrictions are allowed, such as time limits and decorum rules C. Implied Reasonable Opportunity To Attend • a reasonable opportunity to be present and be heard implies reasonable opportunity to attend - no get-away retrea#s • reasonable accommodations should be made for public to attend and participate l:Twn. kww~imrtc .f._ FnM,.s,,. 17 '7!1111 OPEN MEE~'INGS 1N ALASKA -CORDON TANS V. WHAT NOTICE IS REQUIRED`? A. Reasonable Notice Is Always Required "Reasonable public notice shall be given for all meetings required to be open ...." AS 44.62.310(e). 1. Public right to attend and be heard. • notice must give public reasonable opportunity to attend • notice must be public • notice must be timely 2. Reasonable notice -where and haw? • must give notice of date, time, and place of meeting • must post at principal office or other official place • must use consistent method of notice for all meetings • newspaper, radio, posting are authorized -what is available and reasonable? 3. Reasonable notice -when and how loag? • longer notice necessary for complex or controversial matters, for example: • closing senior center • leash law • curfew • extent of nonce will depend on community • true emergency exception -still must give reasonable notice under the circumstances • WARNING -- 24 hour notice of special meetings to members {AS 29.20.1b0{b)) may not be reasonable public nonce. See Tunley v. Municipality of Anchorage, 631 P.2d 67 (1981) (five days' notice of school closure inadequate). r:Tn..e I....Arn,r. _~_ F.1,n,.nr 17 7f1lli OPEN MEETIl~IGS 1N ALASKA --- GORDON TANS . 4. Reasonable notice -agenda requirements? • notice must be reasonably informative • how specific depends on complexity and importance of matter • absence of important item from public agenda notice might mean notice is not adequate. See Anchorage Independent Longshore Union Local l v. Municipality ofAnchorage, 672 P.2d 891 (19$3} {port permit not on agenda} • amending the agenda at beginning of meeting will not cure a problem of lack of reasonable notice • statute -must publish five days' notice of public hearing and summary of proposed ordinance AS 29.25.020(b}{3} B. Notice to specific individuals may be required • one whose reputation or character is the subject of an executive session -that person has a right to demand public session • persons whose individual rights are specif cally involved defuutely need notice -due process C. Special notice of teleconference locations • teleconferences are allowed for convenience of public and government body • must give notice of each location • materials being considered available at each location, if practicable • every participant must be able to hear the others • public must know how the members vote -must hold roll call votes E. Municipal code requirements • local code may impose additional notice requirements nr.... ~,a~,~,,.,*. _s_ FAti~....,t~ ~nnt OPEN MEETINGS IN ALASKA - GORDON TANS VI. EXECUTIVE SESSIONS A. What is an executive session? • is NOT a secret meeting • is a part of a public meeting from which the public may be excluded • the body determines who is invited • important statutory policy ---- OMA is to be interpreted narrowly to avoid unnecessary executive sessions B. What Subjects Qualify For Executive Session? 1. Adverse f nancial impacts • matters the immediate knowledge of which would clearly have an adverse effect on $nances of the public entity • for example, contract negotiation strategies, settYement discussions 2. Prejudice to reputation or character • matters that would tend to prejudice the reputation or chazacter .. . • of any person, .. . • but that person may demand and get a public discussion 3. Matters confidential by law, ordinance, or charter • matters that are required to be confidential .. . • by law, ordinance or chazter 4. Confidential records • matters involving consideration of government records .. . • that by law are not subject to public disclosure. • examples: • juvenile court matters OPEN MEETINGS IN ALASKA ---- GORDON TANS • certain crime victim information • invasion of privacy 5. Attorney-client privilege • Cool Homes, Inc. v. Fairbanks North Star Borough, 8bQ P.2d 1248 (Alaska 1993) • limited attorney/client privilege for confidential communications is recognized as an exception to OMA • not available for general legal advice ar opinion • it is not enough that the entity is involved in lawsuit • limited to matters where public interest may be injured, for , example, how to avoid legal liability, litigation strategies and candid discussion of facts, settlement conference, conference on decision to appeal 6. Exemption - adjudica#ory deliberateons and decision- making • limited exemption from OMA. for decision-making in adjudicatory proceedings • adjudicatory proceedings are coon-like proceedings where the rights of specific individuals are to be decided • exemption from OMA available only for meetings solely to deliberate and make a decision • all other parts of adjudicatory proceedings, including hearings and taking testimony, are subject to OMA and must be public 7. Exception -organizational votes • election of mayor pro-tem, chair and vice-chair, etc. C. How do you call an executive session? 1. Public meeting -notice is required • must be convened as a public meeting l:Tew. 6aw,i,wrt. _]!L Fahn.e.., i7 71IA1 OPEN MEETINGS IN ALASKA -- GoRDON TANS • notice requirements -- generally, an executive session is part of a public meeting and the usual notice requirements apply • special notice must be given to any person whose character or reputation may be prejudiced - to allow exercise of the right to demand public hearing • OMA does not require that a published public notice say that an executive session will be held, but subject matter notice may still be necessary • exception - no notice required for meeting solely for decision-making in adjudicatory proceeding 2. The motion for executive session • must identify the legal grounds for executive session must clearly and specif tally describe the subject matter of the executive session without defeating the purpose of addressing the subject in private • motion or recorded discussion should say who, what, why, and how the matter qualif es for executive session -put it in the minutes or on tape • do not say merely "personnel matter" or "pending litigation" because that is not adequate • remember, court will look for ways to declare an executive session unaecessary (AS 44.62.312(b)}, so establish on the record a proper basis for the executive session D. What can you do in executive session? 1. Stick to the issue • discussion is limited to the subject stated in the motion to hold the executive session • may also discuss subjects "auxiliary to the main question" OPEN MEETINGS IN ALASKA -CORDON TANS 2. No action; limited exceptions • generally, all action must be taken in public • exception -may give direction to an attorney about handling a specific 3ega1 matter • exception -may give direction to labor negotiator about pending labor negotiations 3. Decision-making in adjudicatory proceeding • exception for decisions in adjudicatory proceedings (OMA doesnlt apply) --- the body may make a decision in private E. How do you take action after coming oat of executive session? 1. Reconvene in public • resume the public meeting 2. Take action if necessary • take action on the subject if necessary, or • announce if direction has been given to attorney or negotiator in a specific pending matter (without disclosing the direction, unless appropriate), or • continue with remainder of agenda !:Tone henrlretle _77_ Fnl~n~awi 17 ~nnl OPEN MEETINGS IN ALASKA - GORDON TANS VII. REMEDIES AND PENALTIES FOR VIOLATIONS A. When a violation has occurred, attempt an informal cure • another meeting held in compliance with OMA • must have substantial and public reconsideration B. Policy-making ordecision-making body -Action is voidable 1. A lawsuit may be brought to declare the action void • win or lose -the lawsuit will be expensive • suit must be brought within 180 days of the challenged action • suit cannot name members in their personal capacity • if court fmds an action is void, the government may then "discuss and act on the matter at another meeting held in compliance with" the OMA 2, Action is voidable oply after a public interest analysis • court may void an action only if public interest in complying with OMA outweighs the harm caused to the public interest and to the public entity by voiding the action • court must consider all circumstances, including, at least: • expense that may be incurred by govt and individuals if the action is voided • disruption caused to the affairs of govt and individuals if the action is voided • degree to which the govt and individuals may be exposed to additional litigation if the action is voided • extent of previous consideration of the subject by the body in compliance with the OMA • amount of time that has passed since the challenged action was taken l:Ten, han.in„r. _IZ_ F+hw~..r. i7 7flf11 OPEN MEETINGS 1N ALASKA - GORDON TANS • degree to which the govt or individuals have come to rely on the action • whether the govt has engaged or attempted to engage in public reconsideration of the action • degree to which the violation of OMA was willful, flagrant, or obvious • degree of failure to comply with policies behind the OMA {e.g., sovereignty of the people, openness of govt, and people's right to remain informed and participate) • court decision (Revedde v. Marston, $9$ P.2d 922 (AK 1995)) may require consideration of additional factors: • whether the goal of maximizing informed and principled decision-making has been met whether invalidation is necessary to deter future violations • whether the goal of public participation and input in the operation of government has been met C. ~ Advisory-only body - No voidability rule stated • if body is only advisory (no authority to make policy or decisions) • voidability rules do not apply • by definition these bodies cannot make decisions, so there is no signif cant action to void • caution -action taken by adecision-making body in reliance on defective advice of an advisory-only body might be voidable if the advice played a significant part in the decision-making process l.Ten. k.nAewria _ld_ R.Fmwn. 17 '1M1 OPEN MEETINGS 1N ALASKA - GoitnON TANS D. Injunction against future violations is available • the court has mentioned an injunction may be issued prohibiting future violations of the OMA E. Recall of elected officials for violation of OMA • the allegation of a violation of the OMA is legal ground for recall of an elected ofFicial • classified as a failure to perform prescribed duties F. Other Remedies • Lawsuit for disclosure of executive session tape recordings r.T.... I~MiII~ry~P ,I C. F~t.n14T~ t~ pmt Alaska Open Meetings Act (Current as of February 2001 } Section AS 44.b2.310. Government meetings public AS 44.62.312. State policy regarding meetings Sec. 44.G2.310. Government meetings public. {a} All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conduc#ed in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. {b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c} of this section shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the motion tailing for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations. (c) The following subjects may be considered in an executive session: [IGTans_handouts] 2/12/Q] OPEN MEETINGS IN ALASKA - GORDON TANS ~ { 1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; {2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; {3} matters which by law, municipal charter, or ordinance are required to be conf dential; (4} matters involving consideration of government records that by law are not subject to public disclosure. (d) This section does not apply to (1) a governmental body performing a judicial or quasi judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding; (2} juries; (3) parole or pardon boards; {4) meetings of a hospital medical staff; (5} meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges or discipline; (d) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory capacity to the Board of Regents; or {7} meetings held for the purpose of participating in or attending a gathering of a national, state, or regional organization of which the public entity, governmental body, or member of the governmental body is a member, but only if no action is taken and no business of the governmental body is conducted at the meetings. (e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and, if the meeting is by teleconference, the location of any teleconferencing facilities that will be used. Subject to posting notice of a meeting an the Alaska Online Public Notice System as required by AS 44.62.175(a}, the notice may be given by using print or broadcast media. The notice shall be posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by [/GTans_handouts) -2- 211210! OPEN MEETINGS IN ALASKA --- GORDON TANS the governmental body. The governmental body shall provide notice in a consistent fashion for ail its meetings. (fj Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must be filed in superior court within 1 SO days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member's personal capacity. A governmental body that violates or is alleged to have violated this section may cure the violation or alleged violation by holding another meeting in compliance with notice and other requirements of this section and conducting a substantial and public reconsideration of the matters considered at the original meeting. If the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public interest and to the public entity by voiding the action. In making this determination, the court shall consider at least the following: (1) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is voided; (2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if the action is voided; (3) the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional litigation if the action is voided; (4} the extent to which the governing body, in meetings held in compliance with this section, has previously considered the subject; (5} the amount of time that has passed since the action was taken; {6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the action; {?) whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this section; (8) the degree to which violations of this section were wilful, flagrant, or obvious; [IGTans_handouts] -3 ^ 2112!41 OPEN MEETINGS IN ALASKA - GORDON TANS (9} the degree to which the governing body failed to adhere to the policy under AS 44.62.312{a}. {g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to a public entity and has no authority to establish policies or make decisions for the public entity. (h} In this section, (1) "governmental body" means an assembly, council, boazd, commission, committee, or other similar body of a public entity with the authority to establish policies or make decisions for the public entity or with the authority to advise or make recommendations to the public entity; "governmental body" includes the members of a subcommittee or other subordinate unit of a governmental body if the subordinate unit consists of two or more members; (2) "meeting" means a gathering of members of a governmental body when (A) more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or (B) the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act and the governmental body has only authority to advise or make recommendations fox a public entity but has no authority to establish policies or make decisions for the public entity; (3} "public entity" means an entity of the state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a •~ public authority or corporation, a municipality, a school district, and other governmental units of the state or a political subdivision of the state; it does not include the court system or the legislative branch of state government. (§ 1 art VI (ch 1) ch 143 SLA 1959; am § 1 ch 48 SLA 1966; am § 1 ch 78 SLA 1968; am § 1 ch 7 SLA 1969; am §§ 1, 2 ch 98 SLA 1972; am § 2 ch 100 SLA 1972; am § 1 ch 189 SLA 1976; am §§ 2, 3 ch S4 SLA 1985; am § 2 ch 201 SLA 1990; am § 7 ch 74 SLA 1991; am §§ 2-S ch 69 SLA 1994; am § 7 ch S4 SLA 2000) Sec. 44.62.312. State policy regarding meetings. (a) It is the policy of the state that [IGTans_handoutcj -4- 2112101 OPEN MEETINGS IN ALASKA - GORVON TANS (1 } the governmental units mentioned in AS 44.62.310(a} exist to aid in the conduct of the people's business; {2} it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly; {3) the people of this state do not yield their sovereignty to the agencies that serve them; {4) the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know; {5) the people's right to remain informed shall be protected so that they may retain control over the instruments .they have created; (6) the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings. {b} AS 44.62.310(c} and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and to avoid exemptions from open meeting requirements and unnecessary executive sessions. (§ 3 ch 98 SLA 1972; am § 4 ch 54 SLA 1985; am § 9 ch 69 SLA 1994) [/GTans_haudoutsj -5- 2/I?JO1 one ~ unfired Sixth ~on~rr~.~ ~ ~ ~ of the ~ ~.nite~ ~tate,s o~ ~.merica AT THE SECOND SESSIUN Begun and held at the City of Washington on Monday, the twenty fourth day of January, two thousand ~.n ~.ct To protect religious liberty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION i. SHORT Ti'i`I,E. This Act may be cited as the "Religious Land Use and Institu- tionalized Persons Act of 2000". SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EI~ERCISE. (a) SUBSTANTIAL BUItDENB.- (1) GENERAL ItuI,E: No government shall impose or imple- ment eland use regulation in a manner that imposes a substan- tial burden on the religious ezercise of a person, including a religious assembly or institution, unless the government dem- onstrates that imposition of the burden on that person, assembly, or institution- {A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) SCOPE OF APPLICATION.-This subsection applies in any case in which- {A} the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; {B} the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applica- bility; or ' (C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government tQ make, individualized assess- ments of the proposed uses for the property involved. (b) DISCRIMINATION AND EXCLUSION.-- (I) EQUAL TExMS.-No government shall impose or imple- ment eland use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreli- gious assembly or institution. (2) NONDISCRIMINATION.-No government shall impose or implement a land use regulation that discriminates- against S. 2869---5 (ii) any branch, department, agency, instrumen- tality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 4{b) and 5, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law. (5) LAND USE REGULATION.-The term "land use regulation" means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use ar develop- ment of land (including a structure affixed to land}, if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest. {6) PROGRAM Oft ACTIVITY.-The term "program or activity" means all of the operations of any entity as described in para- graph (1) or (2) of section 6U6 of the Civil Rights Act of i9fi4 {42 U.S.C. 2000d-4a). (7) RELIGIOUS EXERCISE (A} IN GENERAL.-The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. {B) RULE.-The use, ~ building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property far that purpose. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. }~~ N 61 4l O v N U ~m~ m@°i ~ _° O ~~ O nn on on on on cu on ~ a ~ °' o ? `° p~ ~ S ~= u ~ o R. a. n. a o. n, n. ~ v° y ~ c ;~ ~. ~ U g ~ v~ ~ '~ a N ~~ o ~ ~ ? `' " ~~ ~ ~ ~ Sri ~ A y 3 =.~~~m_P ~ ~ o .~ ~ ~ np y ~ >, .fl H co a v . ~ 'o o c m= e~~ ~ g . c U ~ o ° w is •~ ~ ~ ~. v ~ ~• c f a ~' o ¢ ~ ~~~o~~'- ~ . ~'' i :a O ~ `° 0..6 C •y 3 ~ w `° 4. .ov vni' `~ y Q $'~~~~nm ``~.E Q a ~ "' v uv. ~` .yam. m y > ~ w m ~-' C d C W U t .T. 2 ~ `~ E ` ~ ' ~ CC ~. 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Y vUi m ~ w U cc •~ '°' ° o y 40 .~ cu • C a o ca. ~ a ~ °' " c ~ ~ o y E ~:~ o ~ o ~ ~ 'd F ~ ~], w a > o 'r] ~ 1'" C O ~ ~ h a~i . ~,~' A .~ U a p on U C N G ~" + > p . ~~~ v ~ z's ~ -c a C ~ ° G w a ~ C ~ `~ '~ °' ~' y O O ~ ~ U ~ '$ ~ a N ~ at U S G •G ° a •~ ~~ C O d' a w • C U a~ '~ ~ A •E `~ > 7 Z H Q ~ ~ y ~ •~ ~ ~ C7 a' a Q '~ N ~ .U C~ ~' w O w° N~ A ~0 > ~ ~ ~ ~ c 3 ~, a ~ L~ A Q ~ ,~ ~ a W w GO > `~ C v ~ F- • ~ 'O cc ~ 'n G a i ~~ ~ RR k'K KENAI PENINSULA BOROUGH ~L PLANNING COMMISSION Pa--Z NOTICE OF PUBLIC HEARING rubric notice is Hereby given ti~lat a conditional use permit has been received to replace the existing Beaver Creek culvert under the Kenai Spur Highway with a new larger pipe and the construct of a Unity Trail on the south side of the highway within the 50 foot Habitat Protection Area of Beaver Creek. The activity under consideration is described as follows: • Request and_ Location: A Conditional Use Permit Pursuant to KPB 21.18 for the construction of Unity Trail and replacement of culvert within 50 feet of ordinary high water of Beaver Creek. The proposed project is located within the Kenai Spur Highway right-of--way, Section 36, T6N, R11W, S.M., AK. Descri #ion as Stated in Permit; The proposed project will include the replacement of a culverk and the construction of a unity trail adjacent to the south side of the highway. Petitioner: State of Alaska, Department of Transportation and Public Facilities, PO Box 196900, Anchorage, AK 99519 The Kenai Peninsula Borough Planning Commission will hold a public hearing, on Monday, March 12, 2001 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held at the Kenai River Center, 514 Funny River Road, Soldotna, Alaska. (Located approximately at 1.6 mile Funny River Road across from the Soldotna Airport.} Anyone wishing to testify may come to the above meeting to give testimony or may submit a written statement to the attention of John Mohorcich, Kenai River Center, 514 Funny River RD, Soldotna, Alaska 99669. Written testimony should be received no later than Friday, March 9, 2001. Comments may be sent by fax to {907) 260-5992. For additional information contact John Mohorcich at the Kenai River Center, (907) 260-4882. John Mohorcich Resource Planner NOTE: You are being sent this notice because you are a property owner adjacent to or within 304 feet of the described property. w19611. ~ 15 ~ gald6zm g1SO6fi] 04106206 16 ~ ~5j 0.106116 Ui~ 011Lfi205 ~~ 8 Od1u62°4 33 oapszoe 9 6uD6263 2 94306209 01fOfi202 40 0.106x1° p.3~6z91 11 Q- o. afixu ~ 6.1 763 e~ 12 ,2 Oa1pfi212 p.fo6362 13 J 1 i C gs9sxu ~ ` Oaig63p1 ! A~ pa16621e ~Q 1! M `^ / ~ 6 ~ `+J 110fi31Tj (? 0.107106 Oe 107]05 Q 0/106316 ~~ 0/107501 '] ~M~. ~ , 9/1317103 / ~-- ~ ~ q.;o7119 1 TR. 1 a1f~,,, 91]96001 9am739s 2 \ o.io 1sx ollneoaz 19 3 0.106003 48147zzp TR. 2 i~ 4 64e9 nq2 - ~_ ~ o - Od106ca. '~ - ~ ~ p.1 7zq, / ~ ~ r85oTZZe- 5 _ ,~ / oaoe0z9 ~ ~'t ~ ~ 15 6 ~...~ ~ 117202 _ 9a1gfi9zs to 9344XZ23 QO ~ ,ryC9P 4 3 611gfiozz 90197203 Q~ pkaAd222 0 Od103023 TA. Q~Q' o~ 4 V~ 9 -- 9 pfiq lS z, 0110 7201 043 08609 1 q1 Q' 10 5 ~~ 6u9991o~ °&072x] 011072°5 ~ 8 44 B 12.1aeprti .2~9 glso7z66 IAK ST . ---- - ---- ---- $3991---- - ~ ~--- -----~--- - `- -' S 2 p.92i615 pes0spp9 07 94927016 pegp5a 16 3 1 9192701] 927 - - ~-- b.905611 - - ,. - _ p e 3 ege~ia 2 2 ]0'19050]9 3 14 p1921b1B 0 9210° 14270 0/906006 z ~ 06926033 I ~ ~ P \ ~~ p4sp4a7z 6467 ~"` _ _: - ~603~ n 5---' 6sr919 64w2762p TR. A Od90e075 Odsp3033 0410303d ~ 1 AOL 72801 r J,„ ~` 3~ F- qni 119 ~~ 25 aa923oa2 i p f 1 TR. J bB16adS9 ~ o- 9x301 °+199918 2 0092301/ I- ~ -~(n 01423015 Q ~ 0192]016 TR. L Iw °A q.lgfial6 ~ 7 9 a 192301 6 6 IAK 5 °°9 °x913 7. i pe913004 °1813013 0091191/ p/ ~+ ~ ~~~1~~ 1 ,~j,, °.1{9- 01 26 10e9130e9 F 0/953°36 04913037 9 '""" ~1 2 / S 8 3 6a 019]3033 01951°1] Q °4913635 04913038 3 ~ pOGWppp Rp, 94913032 pe913940 Q ~j 019303/ 0191300° 04 OBI peg sG3pz6 g4s17p39 Z o4u,6 O1z 0/913013 p4 ~..~ vA RRTMRDSE RD. PAIMROSE `a9 T. 1 019]]024 0/913017 0.013010 019 ]065 Fp4 7B~g q~~ 1R/ 6490 069,3923 0191301fl Oe413013 019? 91< .pd °19153622 °4913019 019s~612 peg 3°15 FORGET-ME 9 a ad+ a~ 0 0.913021 °1933020 019190/1 Oa93 0[6 ~ ~p LDRQSE AVE. 1 3p6~~ o ~ 3 919x6001 `(l m ~ ~ ~~ ~ S ~ rye 0~ 649zfiaa3 2 ~ xN D ~ h~ !q _f°~ 06926602 190702 1-R F'LANNtI-1 Feb i2, 1999 ~ Kena 1 Peninsula Borough ~ "=500' w ,~ City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 L~ To: Peninsula Clarion {Attn: Denise) From: Nfarilyn Kabschull Fax: 9D7-283-3299 Pages: Two Phor~ 907-2$3-7551 DaEe: February 12, 20D9 Re: PUBLIC HEARING N07lCE CC: File ^ Urgent ^ For Ravlew ^ Please l.omment Q Please Reply ^ Please Recycle Denise: Run the following notice on February 21 & 23, 2001. Bill this under the open purchase order. Thanks. CITY OF KENAI PLANNING AND ZONING COMMISSCON 210 FIDAILGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http:llwww.ci.kenai.ak.us PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of February 28, 2001: a. PZ01-09-An application for a Variance Permit from rear setback requirements for the property described as 1400 Equinox Way {Lot 1, Block 12, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Mark R. Knudsen, P.Q. Box 522, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 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.usl, or by contacting Marilyn Kebschull at 283-7535 extension 235. Publish: February 21 & 23, 2001 210 FIDAf_GO, SUITE; 200, KENAI, AK 99669-7794 (907} 283-7535 D To: Denise From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 Date: February 22, 2001 Re: ADVERTISEMENT CC: ^ Urgent ^ For ReWew ^ Please Comment FILE Please Repiy ^ Please Recycle • Comments: Please publish the following advertisement on Monday, February 26, 2001. This will be charged against the open purchase order you have. Thanks. CITY OF KENAI PLANNING & ZONING COMMISSION **AGENDA~`* KENAI CITY COUNCIL CHAMBERS February 28, 2001 - 7:00 p.m. httpalwww.ci.kenai.ak.us 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: 3. PZ01-09-An application for a Variance Permit from rear setback requirements far the property described as 1400 Equinox Way {Lot 1, Block 12, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Mark R. Knudsen, P.O. Box 522, Kenai, Alaska. 4. OLD BUSINESS: a. Sign Cade-Discussion 5. NEW BU51NE55: a. "PZ01-08-Home Occupation Permit-Daycare-For the property known as 1207 Channel Way {Lot 7, Block 8, Inlet Woods Subdivision). Application submitted by Jodi F. Schiff, 1207 Channel Way, Kenai, Alaska. b. Lease Application~tate of Alaska, Division of Forestry fora 392 foot by 400 foot piece of property adjacent to the future CrashlFirelRescuefocility at the airport-Discussion. c. Request that Block 3, Five Irons Subdivision be made available for sale. Determine if needed for public purpose. The public is invited #o 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 Hall, at the City of Kenai web site {www.ci.kenai.ak.us), or by calling 283-7535 extension 235.