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2001-03-14 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 14, 2001 - 7:00 p.m. http alwww.ci.kenai. ak.us 1. CALL TO ORDER; a. Roll Call b. Agenda Approval c. Approval of Minutes: February 28, 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. PZ01-10---~An application for a Variance Permit from rear setback requirements far the property described as 1301 Equinox Way (Lot 16, Black 9, Inlet Woods Subdivision}, Kenai, Alaska. Application submitted by Jason and Angie Daniels, P.O. Box 2295, Soldotna, Alaska. 5. OLD BUSINESS: 5. NEW BUSINESS: a. Request that Inlet Woods Subdivision lots be made available for sale. Determine if needed for public purpose. 7. PENDING ITEMS: 8. CODE ENFORCEMENT: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: Page 2 March 14, 2001 13. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS FEBRUARY 28, 2001 - 7:00 P.M. http: / /www.ci.kenai.ak.us CHAIRMAN RON GOECKE, PRESIDING ITEM 1: CALL TO ORDER 1-a, Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Mike Morse, Amy Jackman Members Absent: Donald Erwin Others Present: Councilman Bill Frazer, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Raper 1-b. Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections and/or additions. SO ORDERED. 1-c. Approval of Minutes: February 14, 2001 MOTION: Commissioner Jackman MOVED to approve the minutes of February 14, 2001 and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no corrections and/or additions. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Jackman MOVED to approve PZ01-O8. Commissioner Morse SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: SCHEDULED PUBLIC COMMENT -- None ITEM 3: CONSIDERATION OF PLATS -- None ITEM 4: PUBLIC HEARINGS 4-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. MOTION: Commissioner Nord MOVED to approve 1'ZO1-09 and Commissioner Glick SECONDED the Motion. There was no public comment. Kebschull noted the lot had three front setbacks. Kebschull also noted it had been suggested the applicant ask for more of a setback to alleviate the potential of encroachment. VOTE: B son Yes Erwin Absent Glick Yes Nord Yes Morse Yes Jackman Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 5: OLD BUSINESS 5-a. Sign Code-Discussion Kebschull reported the political signs section was inadvertently omitted from the Commercial and Industrial Zones section when the new sign code was drafted. As a result the council's public hearing was postponed until the March 21, 200 I city council meeting. ITEM 6: NEW BUSINESS 6-a. PZO1-08-Home Occupation Permit -- Daycare-For the property known as 1207 Channel Way (Lot 7, Block 8, Inlet Woods Subdivision). Application submitted by Jodi F. Schilf, 1207 Channel Way, Kenai, Alaska. Introduced by consent agenda. 6-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. Kebschull reported the Division of Forestry submitted a lease application for the PLANNING & ZONING COMMISSION MEETING FEBRUARY 28, 2001 PAGE 2 property adjacent to the future Crash/Fire/Rescue facility at the airport. The purpose of the lease is to provide an air tanker reload base to be used for suppression of wild land fires on the Kenai Peninsula. Commissioner Bryson reported his firm was contracted to do the plat and indicated he would abstain from voting if it was determined a conflict existed. Chairman Goecke, with concurrence from the Commission, stated no conflict existed. VOTE: Erwin Absent Glick Yes Nord Yes Morse Yes Jackman Yes B son Yes Goecke Yes MOTION PASSED UNANIMOUSLY. 6-c. Request that Block 3, Five Irons Subdivision be made available for sale. Determine if needed for public purpose. Kebschull reported the City received a request that Block 3 in Five Irons Heights Subdivision be made available for sale and the Commission is asked to review the map and draft ordinance and to make a recommendation as to whether or not the parcel is needed for public purpose. Commissioner Bryson asked why this particular parcel wasn't previously platted. Kebschull thought that it was unclear as to how the parcel would be developed. Bryson expressed concern with the sewer and water for that area. Commissioner Nord asked why City Council didn't do anything with this parcel. Frazer reported the issue was never discussed for as long as he had been a council member. Frazer continued, Council had not been active in selling city property and these issues are only considered when such an inquiry as this is made. Nord thought the city shouldn't get involved. Bryson suggested Public Works look at the parcel with regards to a water line. Kebschull indicated the applicant met with the Public Works Director. Kebschull also noted the new well may be located in that area. MOTION: Commissioner Glick MOVED to recommend that Block 3, Five Irons Heights Subdivision be made available for sale as it is not needed for public use. Commissioner Morse SECONDED the motion. PLANNING $s ZONING COMMISSION MEETING FEBRUARY 28, 2001 PAGE 3 VOTE: Glick Yes Nord Yes Morse Yes Jackman Yes B son Yes Erwin Absent Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 7: PENDING ITEMS -- None ITEM $: CODE ENFORCEMENT -- None ITEM 9: REPORTS 9-a. City Council -- Councilman Frazer reported the following: • The Board of Adjustment would hear the appeal on the conditional use permit applications submitted by Michael Kent on March b+~ at 7:00 p.m. An offer was made to purchase 15 lots in Inlet Woods. The issue will go before the Parks and Recreation Commission before coming to Planning and Zoning for consideration. • Budget work sessions will be held on April 10, 17 and 24~. The April 10~ session will be at the Senior Center. 9-b. Borough Planning -- Commissioner Bryson gave a report on the KPB Planning meeting held on Monday, February 26~. 9-c. Administration - Kebschull reported the following: • Another variance will come forward for a setback at the Commission next meeting for Inlet Woods Subdivision.. She added, because the lots are small and if variances continue to be requested, the council may need to consider amending setback requirements. • Council will be considering a suggestion to replat and enlarge some of the Inlet Woods lots at their March 7 meeting. • Kim Howard was to request a transfer of a lease for the old Corporate Express building, Lot 4, Block 2. It was recommended the transfer be made only if the proposed use is permitted in the zone. • Commissioners Goecke and Erwin attended the Planning Conference in Anchorage with her. The conference was informative. • She would not be at the next meeting as she will be out of state. ITEM I.O: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11; INFORMATION ITEMS PLANNING & ZONING COMMISSION MEETING FEBRUARY 2$, 2001 PAGE 4 11-a. City of Kenai 2000 Annual CLG Report 11-b. Open Meetings in Alaska 11-c. Religious Land Use and Institutionalized Persons Act of 2000 11-d. "Zoning Bulletin" -- February 10, 2001 I1-e. KPB Notice of Public Hearing ITEM 12: COMMISSION COMMENTS & QUESTIONS Commissioner Nord apologized for not being able to attend the conference in Anchorage. Chairman Goecke stated he had a packet of information from the Planning Conference and offered to lend it to other Commissioners should they be interested in going over the material. Councilman Frazer reported council recently held a breakfast with representatives from the oil and gas industry. The function was well attended and very upbeat. ITEM 13: ADJOURNMENT MOTION: Commissioner Glick MOVED for adjournment. There were no objections. 30 ORDERED. The meeting adjourned at 7:40 pm. Respectfully submitted, Barbara Roper, Contract Secretary PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 28, 2001 PAGE 5 CITY F KEN ~~ 4 AI » r~ ems: ~ >a~~l~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 996ii-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~ '~11~' 1992 February 26, 2001 CITY OF KENAI PLANNING AND ZONING COMMI; PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission meeting of March 14, 2001: PZ01-10---An application for a Variance Permit from rear setback requirements for the property described as 1301 Equinox Way (Lot 16, Block 9, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Jason and Angie Daniels, P.O. Box 2295, Soldotna, 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 ar submit written comments to the City of Kenai,, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 9961 i-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 344 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: February 21, 2001 Res: PZ01-10 GENERAL INFORMATION Applicant: Jason & Angie Daniels P.O. Box 2295 Soldotna, AK 99669 262-5521 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance -Rear Setback Lot 16, Block 9, Inlet Woods Subdivision 1301 Equinox Way 04101227 RS-Suburban Residential Vacant Medium Density Residential General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Cade 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 fallowing 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 and/or structure. PZO1-10 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. 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 is a corner lot with two sides fronting streets requiring two front setbacks. Applicant is asking far a variance from the rear setback requirements. The required rear setback is 20 feet. Applicant is seeking a variance of 5-feet from the 20-foot rear setback. Applicant worked with the Building Official and Planning Administration to determine how to situate the proposed structure on the lot with the least adverse affects on adjoining property owners. Setbacks are determined from the front view of the structure. The garage faces Wedgewood Drive; however the front door to the house is off Equinox Way. It was decided that requesting afive-foot variance from the rear setback would be reasonable especially in light of the fact that if the front door faced Wedgewood Drive that setback would meet the side setback requirements. City Engineer: None. Building Official: Minimum front setback to garage per KMC 14.20.200 is 10'. Therefore, the distance noted to garage from the front property line of 22`2" is in compliance. However, the structure cannot be moved closer to the front property line due to living space over the garage that required a 25' setback from the front property line. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-10 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION N0. PZ00-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Jason & Angie. Daniels____ ADDRESS: 1301 Equinox Way_ _ ___ _ LI=GAL: Lot 16 Block 9 Inlet Woods Subdivision PARCEL NO: 04101227 WHEREAS, The Commission #inds 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 mee#ing the requirements far a variance has been submitted and received on February 21, 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: Development Requirements Table =Rear Setback - 5 feet from the required 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 an February 28, 2001 conducted a duly advertised Public Hearing according to KMC i 4.20.153. NOW, THEREFORE, BE 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, March 14, 2001. CHAIRPERSO pp ATTEST:` ~1,~,+. cirv of 210 FI~ALpO AVE., SUfTE 2QD KEbiAI, ALASKA TELEPHONE 907-283-7595 FAX 907-283.3014 RF~~i~Fo '`~Z~~ DATE: ~ -~ ~ ~ O / APPLICATION FOR VARIANCE PERMIT NAME: ~SO~`~ ~ , ~3/~~lo PHONE: 2laZ'rJSZj ~- •- -.. MAILING ADDRESS: ~ .~~,.~. a~~ So+~ ~~ ~I{ ~~~ STREET ADDRESS: ~ 3 ~ ~ ~ Y~'~ ~ n nx WJr.Lv LEGAL DESCRIPTION: ~-©~ I l9 ~JI ~- ~ ~Y~~-Q-~ 11~(~0~ KPB PARCEL NUMBE PROPERTY ZONING: I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code): +~*~fvew Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcemen# would deprive a properly owner of the reasonable use of his rea# property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDER5TAND THESE CONDITnnIONS. 1. ~~'J 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. ti~~ A Public Notification and hearing is required before the issuance of this ermit. A $05.00 non-refundable de ositladvertisin fee is p p g required to cover these notifcation costs. (Please see attached procedure sheet.) 3. ~'~ You are required to post the property in question with a sign advising that the properly is being considered for a variance. You must file an Affidavit of Posting with this ofFce two weeks prior to the scheduled public hearing. If this afFrdavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • 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. • 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. • 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 andlor 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: ~ ~ - , r,_ -~ r ~, i ~; ~ ~ ~ - r Applicant's Signature: r ' `'' Jt - -- _ ~. ******* Reviewed approved by the Planning Commission on I ~ day of Chairperso ~~-~ Attest: ~ ~ ,~-c[.-~ i ~ ~ ~ ' i ~ ~ ~? I o ©n'i ab a ~ I I~~ i i! I i}~ f t~~ I I ~ ~ I; • f i I I I I I I{ i 1, l~~~ l l! l i J~ -- - - ~ I I I I ~ I I I I i I I i I I i I I I I I i i I I _ ~_ ~~ . . ._ ' l I I I I I ~ ~ i + I I 1 ! I 1 I I I I I ~ 11 I I I I I I I ~ I ~~ ~ 1 i I I I i I I 1 I! I I i I I i i I I I I ~ I - - I f l l l l ~ l l~ l ~ 1 1 1 1 I I C I ' I - ~ i _ ~.._. i ! I f I _. I ~ ! i I ~ I, I ~ I I r I, _ ' ! i i f i I I r ~ ? ~ I I I ~ I I 011 ~ I I I I f I I I i I I _ I ! ~ ~ ~ i I I I ~ I IM ~ ~ ~ ~ i ! I I ~ ~ I ~~ _ I !!~illl . ----- -- --------- ~ III ~~~~ ~ I~I I . ~~ ~I! ~ ~~ I }~~I~I .f f ~ E { I I r i i I~ ~ ~ I I i I ~•j I rii .( i I I I ~ I r i `~ ~ } '~'' I ! ~ j I { I I ~ ~ 4 i } i ~ t i { i I ~ r = i I i j ! i } I ~ t+ '~~a, i ^ a a T ~ i ~ j 1 / ~ ( r + I I ~ ~~ I ! ~ ~ ~, -...~~. I ~ -~--•..~ I E ' I ' ~` ! I j I I ~ i i I ' f ~ { ~~ ` `f # ~-_ I I F i ~ I ~ ~I 1 I 1 1 1~~ I 1~ I ! ~ i # I i I ~ I ~ ~ I ! ~ 1 1 _ E I I I i I I i! I I~ I~! I P ! ~ . ~ ! _ I ~ l i ~ ~ i ~ ~ i! ! ~ I i i i! i . I _ I i I ! - --- ~ ' ~ ~ ~ I i ~ ~ ~ ~ ~ ~ I I I ! ~ I ~ , I ~ ~ i l i I I I I ! I I 1 i i J 1 [ ~ 1 I i ~ ' I ! f ~ ~ I I ! s i I I I I ! r ~ ! ~ } i I ~ ~ ~ ~ I I I I ~~ CITY OF I ~~ vr~ rr Gr~ ~~~.,:f ~ rr /?Opp `7~""" F 210 FI~ALGO AVE., SUITE 200 KEHAI, ALA TELEPHt]NE40I-283-7535 ~QRT ~ FAX 407-283014 .. ~ nrr AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, C ~ h I },S ,hereby certify that I have posted a Notice of Public Hearing as pre/}scribed by Kenai Municipal Code 14.20.280 (d) on the property that.. , ~,Sr~~ ~- ~``t-hC~ ~1e ~ A e't P (Name of Applicant) has petitioned t r ~ for a The notice was posted on ~__ 1v l ,_ ,which is ,~ / _~ days prior to the public hearing on this petition. I acknowledge this Notice must be posted so as to be visible from each improved street adjacent to the property and must be maintained and displayed until all public hearings have been completed. I acknowledge that the Notice must be removed within five (5) days after the hearing. a2ov i Ai~irmed and signed this 2.. ~ day of - ~1:~~4~ ~,T`, gyp, Lie al_ Description: Tract or Lot: ~ Lp Block: Subdivision: ~ n 1 t' •~ /,t . N~~ . ~ KPB Pazcel No.: ,`7 Nb'H~ CITY OF KENA1 ~~ -~ 210 FIDALGO AVE., $U1TE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 . _ FAX 907-283-3014 tad u~II~ ``II~i X992 Memorandum Date: March 6, 2001 To: Kenai Planning and Zoning Commission From: Kim Howard, Assistant to City Manager RE: Lots in Inlet Woods Subdivision In January 2000, the Parks and Recreation Commission, Planning and Zoning Commission and the Council discussed what City-owned lots in Inlet Woods should be made available for sale. The result was that ten lots in the back of the subdivision were withheld for further review. The City recently received a request asking that these lots, Lots 18 - 27, be made available for sale. In addition, there are two lots in Inlet Woods Subdivision that the City acquired through foreclosure, Lot 12, Block 13 and Lot 8, Block 11, and the Administration would like a recommendation as to whether they are needed for a public use. KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for public use." Sale would be by competitive bid at not less than the fair market value. Please review the attached map and make a recommendation as to whether the parcels are needed for a public purpose or whether they should be sold. The Parks and Recreation Commission discussed this issue at their March 1St meeting. A copy of their unapproved minutes is attached. The recommendation of both Commissions will be forwarded to the Council along with an ordinance for introduction at the March 21St Council meeting. Attachments '~ Wetlands 0 Properties Excluded ~ Subject Properties Exhibit "A" 5-b. Discussion -Skateboard Park /Design and Egxi Frates reported the Schaal District had liability concerns in regard to the students fabricating skateboard park units at the Commission's last meeting an would not be building the equipment. Steiner reported many of the students were discouraged that the school was unwilling to support the project. Frates noted the students would be building one unit but it just wouldn't be available for the city's use. It was reported Representative Mike Chenault was very interested in the skateboard project and would be meeting with city officials soon to discuss it. Councilwoman Porter suggested a meeting with the parents be scheduled as well to determine whether there will be support from them for the project. A lengthy discussion ensued regarding a location for the skateboard park. Frates recommended it be temporarily located at the south side of the Recreation Center, along the gym. In this location, the program could be better monitored, would be close to the police and fire departments, and the Teen Center snack bar would be accessible. Frates made it clear the skateboard park would not be supervised but it would be monitored. MOTION: Commissioner Gifford MOVED to recommend the skateboard park be temporarily located at the Teen Center. Student Representative Steiner SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion -Kenai Multipurpose Facility/Refrigeration Alternatives and Considerations. Frates referred to a memorandum included in the meeting packet discussing various refrigeration alternatives and considerations for the multipurpose facility. Discussion took place on commercial versus industrial systems and what rrxay work best for the facility. Discussion took place on the City buying out the LLC. Councilwoman Porter commented it had been discussed and would eventually happen. Commissioner Sandahl stated he believed buying out the LLC should be a top priority. 6-b. Discussion -- Inlet Woods Subdivision Lots Frates drew attention to the memorandum from Kim Howard (distributed at the beginning of the meeting) reporting a request that had been made asking if Lots 18-27 in Inlet Woods Subdivision could be made available for sale. The Parks Commission PARKS H~ RECREATION COMMISSION MEETING MARCH 1, 2001 PAGE 2 ~~ ; was asked to review the lots in question and to determine whether they Lots are needed for public purpose or if they could be sold. A lengthy discussion ensued regarding whether or not the lots were needed for public purpose. Frates reminded the Commission that a motion was made on the issue on ' January 6, 2000 that stated any lots deemed unsuitable for building as a result of swampy area, should be recommended for use as a neighborhood park. Much discussion took place at that time with regard to the exact location of the low area and where the pond was situated. Frates pointed out the map included as Exhibit A accurately reflected exactly where the pond and low area was situated. It was noted that it was the corner lots the Commission considered for a park. Frates reported the Public Works Manager indicated there was a lot of junk in that area. Porter asked if it was Mr. Hall who was interested in purchasing the lots and Frates confirmed that it was. Porter reported Hall had submitted a request to purchase 56 lots in the back of Inlet Woods Subdivision and had already submitted his earnest money. Porter thought the appraisal of the properties would be coming received soon. Frates also drew attention to the black area on the map (Exhibit AJ which is a very low area and the drainage from the swamp runs into that area. Frates added, in the summer that particular area would be full of water and it freezes over in the winter. Frates continued, the Public Works Manager indicated the area would never be filled back in as that drainage is required. With that in mind, Frates asked the Commission if a piece of playground equipment or a park should be located next to the pond. MOTION: Commissioner Sandahl MOVED to recommend Lots IS-27 in Inlet Woods Subdivision be made available for sale. Commissioner Castimore SECONDED the motion. VOTE: Baxter Absent Gifford No Sandahl No Castimore Yes Steiner No Hultber Absent Wisniewski Yes MOTION FAILED. Porter confirmed that it was the recommendation of the Parks and Recreation. Commission that the lots not be sold. Sandahl stated that was correct. Discussion continued anal Steiner noted that an area like that would have a lot of mosquitoes. Wisniewski stated the area almost looked like a gravel pit. Castimore suggested Hall might want those lots in order to backfill them and added, the overburden from that area would be buried and not hauled off to the dump. Castimore thought the lots should be sold. PARKS 8v RECREATION COMMISSION MEETING MARCH 1, 2001 PAGE 3 Discussion again took place on the number of lots that Hall requested t'''~ ~ e. Porter noted the original number was 56 but that had increased with the lot discussed. Wisniewski asked if Hall would even consider setting aside an area for~'~''_ park in that area. Frates stated that he didn't know and Sandahl suggested Frates ~ have the City Engineer have a recommendation for Council in terms of potential problems in that particular location. It was noted the issue would go to Planning and Zoning and then to Council, so many factors would be considered. Porter noted she would find out why Hall wants the lots. Councilwoman Porter drew attention to Lots 8 and 12 which were also discussed in the memo. The Commission was asked to determine whether or not those lots could be sold or if they were required for public purpose. During discussion it was noted those lots were not needed for public purpose. MOTION: Commissioner Castimore MOVED to recommend Lots 8 and 12 be made available for sale. Commissioner Sandahl SECONDED the motion. VOTE: Sandahl Yes Castimore Yes Steiner Yes Hultber Absent Baxter Absent Gifford Yes Wisniewski Yes MOTION PASSED UNANIMOUSLY. ITEM 7: REPORTS 7-a. Commission Chair -Wisniewski stated consideration should be given to rebuilding and relocating the recreation facility within the next five years and that perhaps the new facility could be located by the multipurpose facility. Discussion took place on the needs of the growing community and the benefits of having a new facility. It was suggested this item be added to the five--year plan. Frates was asked to have a list of items for review at the next meeting. 7-b. Director -- Director Frates reported the following items: • The Volunteer Reception would be held in April, however, a specific date had not been set. He suggested a proclamation for the Buffington family presented at the reception. • A meeting was held with the Chamber Director to discuss the Kenai/Soldotna Chamber clean-up. A substantial donation was made by Unocal in support of the program. The clean-up proposal was well received and everyone will participate. The clean-up day will be held in May and there will be prizes. PARKS 8~ RECREATION COMMISSION MEETING MARCH 1, 2001 PAGE 4 C~ . AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 7, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: 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 COMMENTS (10 minutest' 1. K:T. Peters -- Youth Court Update ITEM C: PUBLIC ~'-ARTN~$ ~n ~, - ~ 1. Ordinance No. 1877-2000 -- Amending KMC 13.30.080 to Include G~(l Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. a. Remove from table. b. Consideration of ordinance. ~0~~ ~ 2. Ordinance No. 1896-2001 -- Increasing General Fund Estimated Revenues and Appropriations by $10,480 for Revenue Sharing Pass- Through Grants. ~~~ L{, 3. Ordinance No. 189?-2001 -- Increasing General Fund Estimated Revenues and Appropriations by $14,040 for Memorial Park Sidewalk Extensions. 4. Ordinance No. 1898-2001 -- Amending the Development Requirements • Table by Adding the Requirement that Front Yard Setbacks be Measured from the Right-o#'-Way or Access Easement. 5. Ordinance No. 1899-2001 -- Increasing Estimated Revenues and Appropriations by $170,000 in the Airport Terminal Enterprise Fund for Carpeting and Floor Covering Replacement and Seating. r ~~,G2~ ~. 6. Resolution No. 2001-12 -- Supporting HB 93 Entitled "Kenai Dip Net Fishery Permit Fee." 7. Resolution No. 2001-13 -- Transferring $23,900 from General Fund Contingency for Purchase of a Police Patrol Car. 8. Resolution No. 2001-14 -- Awarding the Bid to Kachemak Electric, lnc. for Public Safety Building Fluorescent Light Replacement - 2001 for the Total Amount of $41,232. ~~~ 9. Resolution No. 2001-15 -- Awarding the Bid to Arctic Office Products for Kenai Airport Terminal Chairs and Furnishings - 2001 for the Total Amount of $45,195. ~~ ~, 10. Resolution No. 2001-1fi -- Awarding the Bid to CYS Management Services, Inc. for Kenai Airport Terminal Floor Finishes - 2001 for the Total Amount of $12b,850. 11. Resolution No. 2001-1? -- Transferring $2,000 in the Water Department for Engineering the Gill Street Grassing. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report ITEM E• 11IIINZJTES 1. *Regular Meeting of February 21, 2001. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS %n. }~ ",~ ~„1. Discussion -- Multipurpose Facility Refrigeration and Library Expansion Goshi oi~r~U ~;.~ ,br.,~~~~-P,~,tir~,oy. 1t~w iyf Update. /+--_- / kl/TC?~G /~"7""."' T • ~ ~! ~Y ~7~'~` ~~~'%d7~-~S~J~+~ ~ ~1~. ~i %f~ ~ lVits•~ Geyr ~- ~/xtr W~//'+t /~ ~~•~ '~ I'~'~~ NW B NESS u~.e..`y`.' '~ ~.;~.~.~-~ . ~' ~~pr~ 1. Bills to be Paid, Bills to be Ratified ~, /~-~~ 2. Purchase Orders Exceeding $2,500 3. *Ordiaance No. 1900-2001 -- Finding that Certain City-Owned Iand Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391 Acres, as Shown on the Attached Exhibit A, Is Not Required for Public Purpose. 4. *Ordinance No. 1901-2001 -- Increasing Estimated Revenues and Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund. ~j^~,( 5. Approval -- Consent to Assignment of Lease/ Consent to Assignment of Lease for Security Purposes/Amendment to Lease -- Lot 4, Block 2, Cook Inlet Industrial Air Park/ Stephen Karakash to Julie Latta. ~y~y-f~ 6. Discussion -- Inlet Woods/ Proposed Combining of Lots ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT KENAI PENINSULA BOROUGH PLAT COMMITTEE ~ ~ tJ KENAI RNER CENTER 514 FUNNY RNER ROAD SOLDOTNA, ALASKA 99669 5:30 p.m. March 12, 2001 Tentative Agenda MEMBERS Ann Bayes Chairperson Anchor Point Term Expires 2001 Peggy Boscacci Seldovia City Term Expires 2003 C.ynn Hohl Seward City Term Expires 2002 Blair Martin Areawide Term Expires 2043 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes Ai~TE.lZ1VATES: John Hammelman Areawide Term Expires 2402 Jim 5kogstad Hope Term Expires 2001 a. February 2b, 2001 D. SUBDNISION PLAT PUBLIC HEARINGS 1. Eagle Lake Subdivision Part 2 Preliminary; KPB File 2001-030 Integrity/Eagle Lake Partnership/Merli Location: East of Kenai city limits at end of Strawberry Road 2. ITC Communications Subdivision Preliminary; KPB File 2001-033 Integrity/Kenai Peninsula Borough Location: Sterling Hwy 2 miles south of Ninilchik 3. Tustumena Knoll Ikes Addition Preliminary; KPB File 2001-031 Johnson/Hurst Location: West of Tustumena Lake Road ~. Questa Woods Estates No 5 Preliminary; KPB File 2401-034 Johnson/Shepherd Group LLC Location: Off Seward Hwy, south of Bear Lake E. ADJOURNMENT NEXT REGULAR MEETING NOTE NEW MEETING LOCATION The March 26, 2001 Plat Committee meeting will be held in the Chapman Elementary School, 34215 Sterling Highway, Anchor Point at 5:30 p.m. ~ KENAI PENINSULA BOROUGH PLANNIIrTG COMMISSION KENAI RIVER CENTER 514 FUNNY RN'ER ROAD SOLDOTNA, ALASKA 99669 March 12, 2001 7:30 P.M. Tentative Agenda John Hammelman Chaim~an Areawide Term Expires 2002 Philip Bryson Vice Chairman Kenai City Term Expires 2001 Ann Bayes Parliamentarian Anche;r Point Terns Expires 2001 Peggy G. Bascacci PC Member Seldovia Ciry Term Expires2003 Lynn Hohl PC Member Seward City Term Expires 2002 Brent Johnson PC Member Kasilof Area Term Expires 2003 Blair Marlin PC Member Areawide Term Expires 2003 ]im Skogstad PC Member Hope Term Expires 2001 Bi!] Smith PC Member Homer City Term Expires 2001 Dick Troeger PC Member Soldotna City Term Expires 2002 ~~~~cant Seal ~awide m Expires 2002 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items an the consent agenda arc considered routine and noncontroversial by the Planning Cammissinn and wil! be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence en the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she wi11 inform the Chairman of your wish to comment. 1. Time Extension Requests a. Louie's Lagoon; KPB File 97-Ob6 Herndon & Thompson, inc./City of Horner Herndon & Thompson Leasing Company Location: Homer Spit 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.470 -None 4. Plat Amendment Reques#s -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC - None c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences l a. Na excused absences requested. 8. Minutes a. February 2b, 2001 Plat Committee Minutes b. February 26, 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 -None F. PUBLIC HEARINGS 1. Appeal of the Planning Department's Decision to Deny Processing a Prior Existing Use Determination; Ryden 2. A Resolution Adopting a Flood Hazard Mitigation Plan far Port Graham, Alaska G. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 10-foot utility easement along the south boundary of Lots 3 and 4, and along the north boundary of Lot 6, granted by Tustumena Knoll Subdivision (Plat 81-130 KN}, within Section 18, Township 2 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File No. 2001-031; Petitioner: Robert K. Hurst of Clam Gulch, Alaska H. SPECIAL CONSIDERATIONS Voluntary Permit Conditions for Conditional Land Use Permits I. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review four plats. KENAI RNER HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit pursuant to KPB 21.18 for the construction of the Unity Trail on the south side of the Kenai Spur Highway, and the replacement of the existing Beaver Creek culvert -bath within the 50-foot Habitat Protection Area of Beaver Creek. The proposed project is located within the Kenai Spur Highway right-of--way, Section 36, T6N, R11W, S.M., Alaska; KPBPC 2001-05 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS 1. Prior Existing Use far a Sand, Gravel or Material Site Determination; near Anchor Point; Alaska Roadbuilders 2. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Funny River; Alaska Roadbuilders 3. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Funny River; Alaska Roadbuilders 4. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Nikiski; Best Transit Mix S. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Kalifornsky Beach; Best Transit Mix 6. Prior Existing Use for a Sand, Gravel or Material Site Determination; near SoIdotna; Alaska Roadbuilders 7. Prior Existing Use far a Sand, Gravel or Material Site Determination; near Soldotna; Norris M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACT10N Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff Shafer, carried forward from June 8, 1998. Pastponed until the Coastal Management Program consistency review is re-started and concluded. 2. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat} and a portion lying within the S %z of Section 25, TSN, R3 W, 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. 4. 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 and February 26, 2001 Postponed to Apri19, 2001 Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet March 12, 2001 at 5:30 p.m. in the Kenai River Center, 514 Funny River Road, Soldotna. FUTURE MEETINGS PLAT COMMITTEE NOTE NEW MEETING LOCATION The March 26, 2001 Plat Committee meeting will be held at Chapman Elementary School, 34215 Sterling Highway, Anchor Point, at 5:30 p.m. PLANNING COMMISSION The March 26, 2001 Planning Conunission meeting will be held at Chapman Elementary School, 34215 Sterling Highway, Anchor Point at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Cooper Landing Advisory Planning Commission February 14, 2001 Minutes 2. Kachemak Bay Advisory Planning Commission February 22, 2001 Minutes 3. Ordinance 2000-50 Quarterly Report 4. Chugach National Forest Service Meetings Notice PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: tali 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/planning_dent OTHER MEETINGS Moose Pass Advisory Planning Commission March 7 Kachemak Bay Advisory Planning Commission March 7 Anchor Point Advisory Planning Commission March 13 Cooper Landing Advisory Planning Commission March 14 Combined Meeting of Kachemak Bay and Anchor Point Advisory Planning Commissions March 14 Kachemak Bay Advisory Planning Commission March 22 City of Kenai, 210 Fidalgo, Suite 2a0, Kenai, AK 99611-7794 r ~ Tb: Peninsula Clarion (Attn: Denise} From: Marilyn Kebschull Fax: 907-283-3299 Pages: Two Phonm 907-283-7551 Gate: February 23, 2001 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please CommanE ^ Pleasa Reply ^ Please Recycle Denise: Run the following notice on March 7 & 9, 2001. Bill this under the open purchase order. Thanks. CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99fi11-7794 http:llwww.ci.kenai.ak.us PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of March 14, 2001: a. PZ01-10-An application for a Variance Permit from rear setback requirements for the property described as 1301 Equinox Way {Lot 16, Block 9, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Jason and Angie Daniels, P.O. Box 2295, Soldotna, 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.us}, or by contacting Marilyn Kebschull at 283-7535 extension 235. Publish: March 7 & 9, 2001 fj 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7535 C'rti•~ To: Denise From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 Date: March 5, 2001 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on ~~~. arch 1 .2001. Thls will be charged against the open purchase orde~~~~s~~ ~` ~ ~ ~~~-~ ti:x~~ , cITY of KE PLANNING ~ ZONING """AGENDA KENAI CITY COEJNCII March 14, 2001 - 1. CONSIDERATION OF PLATS; ~ , ~' ~ ' ~ ~, ~~ ~` -?~ ~ ~ ~ ~ 2. PUBLIC HEARINGS: ~ . `~_-`~' ` r ,~ ~~` ~~ a. PZ01-10-An application for a Variance Perms . ~ ~~xx ~ ,~,_ ;~, ~ ~ roe described as 1301 E uinox p p dY q Way (Lot f ~ Alaska Application submitted by Jason and ~~ . ;a -~_ ti="--~' - .~ ~ ~ } ;~s ~~'~> ~~F ~ ~ . Alaska. 3r f 3. OLD BUSINESS: '~,y ~ ~ .~ ' ~s ~ ~Y f' f r1 ~~° ~ ~' ~~' ,~ ~ kid r ~ ~! ~. ~ ~ '. ~ ~ ~l'-_«~~ ~ ~ ~ ~ %~ 4. NEW BUSINESS: ~ . i a~ x af" y. ~: ~ L a, ~ f~~r~ ,,;! ~ r~ y `. W . a. Request that tnle# Waods Subdivision lots be ~v ~ 7~r ~,~ ~ w _ .~N~; for public purpose. The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: March 12, 2001