HomeMy WebLinkAbout2001-08-08 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION MEETING
August 8, 2001
CHANGES TO THE AGENDA
ADD TO: 7. NEW BUSINESS:
d. Discussion of KPB Ordinance 2001-29, An Ordinance
Amending KPB Chapter 2.40 Regarding Planning
Commission Membership and Apportionment
ADD TO: 10. REPORTS
a. Kenai City Council Meeting, August 1, 2001
b. KPB Plat Committee and Planning Commission Tentative
Agendas
7a(
Introduced by: Navan~
Date: 08/07/01
Hearing: 09/04/01
Action:
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 2001-29
AN ORDINANCE AMENDING KPB CHAPTER 2.40 REGARDING PLANNING
COMMISSION MEMBERSHIP AND APPORTIONMENT
WHEREAS, Alaska Statutes require that planning commission membership be apportioned so
that the number of members from home rule and first class cities reflects the
proportion of borough population residing in home role and first class cities
located in the borough; and
WHEREAS, all members are subject to appointment by the mayor and confirmation by the
assembly, provided that members from home rule or first class cities must be
selected by the mayor from a list of recommendations submitted by the city
council; and
WHEREAS, KPB 2.44.010 provides that the planning commission shall include one member
from each first class or home rule city of the borough, which is not required by
statute, and that the number of remaining members from azeas in the borough
outside such cities must comply with the statutorily required apportionment; and
WHEREAS, if the planning commission must include one member from each of the first class
or home rule cities in the borough, then five members must came from the cities
and, based upon the recent federal decennial census figures, the commission
would have to be increased by either two or three members to satisfy the
statutorily required apportionment figures; and
WHEREAS, the current plantung commission has eleven members, and a thirteen to fourteen
member planning commission would be cumbersome; and
WHEREAS, eliminating the requirement that the commission include one member from each
first class or home rule city in the borough will enable the commission to comply
with statutorily required apportionment requirements without increasing its
membership to thirteen or fourteen members;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB 2.40.010 is hereby amended as follows:
2.40.010. Membership-Apportionment.
Kenai Peninsuta Borough, Alaska New Text Underlined; 1DELETID ~I$XT BRACKETED] Qrdinance 2001-29
Page 1 of 2
1 so
In accordance with AS [§] 29.40.020(A}:
A. The planning commission shall consist of [1] a maximum of eleven
members [FROM EACH FIRST CLASS OR HOME RULE CITY OF THE
BOROUGH AND THE NUMBER OF MEMBERS FROM AREAS IN THE
BOROUGH OUTSIDE FIRST CLASS CITIES TO COMPLY WITH THE
REQUIRED APPORTIONMENT] a ortioned so that the number of members
fr borne rule and first class cities reflects the ro ortion of borou h o elation
residin in home Tale and first class cities located in the boron h.
B• The Planning commission may establish, alter, or abolish, subject to
approval of the assembly, sections for the appointment of commissioners from
areas outside frst class cities[, EXCEPT THAT ANY SUCH ESTABLISHED
SECTIONS SHALL NOT BE ABOLISHED WITHOUT APPROVAL OF A
MAJORITY OF THE ASSEMBLYMEN FROM AREAS OUTSIDE FIRST
CLASS CITIES]. If sections are established, the number of members to be
appointed from each section will be set so as to maintain the required
apportionment.
SECTION 2. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS
DAY OF *, 2001.
Timothy Navarre, Assembly President
ATTEST:
Linda S. Murphy, Borough Clerk
Drdinancs 2001-24 New Text Underlined• [DELETEp'I'g7cTgggCK~b
Page 2 of 2 1 Kenai Peninsula Borough, Alaska
181
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KENAi PEIVlNSULA E3pR000H
r4s N. sINKt.EY SgL[)OTNA, ALASKA . 98668-7899
eussNE9S j907) ZBt-444t FAX teo71262-1BD~
1•,~, wry
TO: Timothy Navaae, Auembly President
Members, Kcaaai PoninsuiJiBo~touglt At,sesrbly
FROM: Timothy Navarro. Asseasbly 3~sident ~,~
DA1'l: July 21, ?4al
Sl[38~ECT; Ordinance 2401-~amcrdirtg KP19 2.40 regsr~ding planning commission
membership and uppartionmont
~` P.O1
DALE BAOI.FY
MAYOR
This ordinance would arrarrd the borough codrs to assablish a maxirnemt netrreberaf
planmit~ commission members. It would alas elimirtato the borough code rcquiromcnt that each
fast class aced home rule pry have arc rtumlxr on the cammiuion. Instead, it tnirrtrrs shtutory
langutsg~ corocrning g}arming commiasioa airpdrtiaument.
Since the detenniai corms Sgtsres tvero published, tl~e administration has determined that
tits: planning cornmissiat membership must ba fldjosted m comply with the statutory t+oquirrasnent
that the number of members fi+orrt home ruk and first class cities r~efloctc the proprntioa of
bomuglt populmivtt r>rsidirig in horrie rule and first class cities. The borYittgh coda requ;rex that
the plarmirg commmission consist of one member from each firn elaas ar home rule s,~ty of the
baraugh end that the numbs of tesrraining n4emberit frnrrt outside of thasc cities comply with the
»aquits:d apportiotrmert. #f rho borough code is ascended to eliminate the iegtdrement that one
messsber come frosq qeh nm class or home zssie city, then the plasuiing commission size Woad
not be adjusted Instead, the rieaml>er of ra:preaentativcs hoar first class os homy rsile ctities would
have to be adjusted.
My intent in introducing this ordisuttioe is to provide a mechanism for thn assembly to
ads:, this issue with rho plaanitig cammiasiam a~td the mayor is order that the t:atottgh may
determine the boat way to handle the glaaxliag commission >tppottionmcnt issuo. This ondinaarce
corsairs une of sCVrral poslsibk appa+ciaches, gll of which have issue6 shat will ncCCi to be
addressed. The eleven-uu~esstber rerquinment is juggossed as that is she size o1 the current
co'm>oaission. 1`lowcvar. the stansees require a minimum of five rt:sidents. and, after further
dlsctu~sion. the assembly sad other af>Faaed parties nary caaclude thas a dit~oitiit number of
members waeild be usoae appropriate.
182
MEMBERS:
Peggy Soscacci
5eldovia City
Term Expires 2003
John Hammelman
Areawide
Term Expires 2002
hick Traeger
Soldotna Ciry
Term Expires 2002
ALTERNATES:
Lynn HohE
Seward City
Term Expires 2002
A.
B
C.
D.
KENAI PENINSULA BOROUGH FLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. August 13,
Tentative Agenda
CALL TO ORDER
ROLL CALL
RECEIVED
8 ~~
CITY O~ KENAI ___ __
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. John Hammelman
3. Minutes
a. July 23, 2001
SUBDIVISION PLAT PUBLIC HEARINGS
i . Inlet Woods Subd. Kenai Replat
KPB File 2001-131
Integrity/City of Kenai
Location: City of Kenai
2. Zephyr Fields Estates
KPB File 2001-133
Integrity/Hall
Location: Between Merrywoad Avenue and Jones
(Stub) Road, off Gasweil Road
3. Sheehan Subdivision
KPB File 2001-132
Integrity/Sheehan
Location: Hoit Road on Arness {Salamatafj Lake,
east of North Star Elementary School
4. Shadow Rock Estates 2001 Replat
KFB File 2001-135
Johnson/Harbaugh
iob.
Location: Forest Lane, east of Soldotna
5.
f fiir~~ -tier
~~._
Clam Gulch Bluffs No. 2
KPB File 2001-137
Johnson/Steele
Location: On Sterling Highway in Clam Gulch
enly Sights Subdivision #2
File 2001-138
~on/Fieavenly Sights, Inc.
ion: On Sterling Highway and Cook Inlet,
ximately 2 miles north of Ninilchik
7. Questa Woods Estates #5
Revised Preliminary/Final
KPB File 2001-034
Johnson/Woods
Location: North of Seward on Kwechak Creek
E. PUBLIC COMMENT
F. ADJOURNMENT
NEXT REGULAR MEETING
The next regularly scheduled Plat Committee meeting will be held in the Assembly
Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at
5:30 p.m. on August 27, 2001.
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 2b0
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.borou .kenai.ak.us/ lannin de t
1
KENAI PENINSULA BOROUGH PLANNIIriG COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99b69
August 13, 2D01 7:30 P.M.
Tentative Agenda
John l~ammelman
Chairman
Areawide
Term Expires 2002
Peggy G. Boscacci
PC Member
Se[dovia City
Term Expires 2003
Lynn Hoh]
AC Member
Setivard City
Term Expires 2002
BrenlJohnson
PC Member
Kasilof Area
Term Expires 2003
Blair Martin
PC Member
Areawide
Term Expires 2003
Dick Troeger
PC Member
Soldotna City
Term Expires 2002
Areawide
Vacant Seat
Term Expires 20D2
Areawide
Vacant Seat
Term Expires 2D04
Areawide
Vacant Seat
Term Expires 2004
City of Romer
Vacant Seat
Term Expires 2D04
City of Kenai
Vacant Seat
Term Expires 20D4
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be
approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or
someone from the public so requests, in which case the item will be removed from Ehe consent agenda and considered
in ifs normal sequence on the regtelar agenda.
ff you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise
the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment.
1. Time Extension Requests
a. Clam Gulch No. 3
KPB File 2000-145
Johnson/Moorefield
Location: Clam Shell Lodge in Clam Gulch
2. Plats Granted Administrative Approval
3. Plats Granted Approval Under 20.04.070 _ Nane
4. Plat Amendment Requests -None
S. Coastal Management Program
a. Coastal Management Pragram Consistency Reviews -None
b. Conclusive Consistency Determinations Received from DGC
c. Administrative Determinations
6. KPBPC Resolutions -None
7. Commissioner Excused Absences
a. John Hammelman
$. Minutes
a. July 23, 2001 Piat Committee Minutes
b. July 23, 2001 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements
are made.)
1. Appointment of Four Planning Camrnissioners; Three Areawide Seats
and City of Kenai Seat
E. UNFINISHED BUSINESS - Nane
F. PUBLIC HEARINGS
1. Vacate the 30-foot wide portion of McCall Street and the associated
50-foot radius temporary turnazound dedicated by Patterson
Subdivision No. 2 (Plat KN 78-37} AND the 30-foot wide portion of
McCall Street and the associated 15-foot utility easement
dedicated granted by Weaver Subdivision Part Two (Plat KN 2001-
18); within Section 11, Township 5 North, Range 9 West, Sewazd
Meridian, in the Kenai Recording District. KPB File No. 2001-135;
Petitioner{s}: Scout Lake Construction and James Peterson of Sterling,
Alaska
2. Appeal of the Planning Director's Decision to Grant Prior Existing Use
Registration for a Sand, Gravel or Material Site Determination; Near
Homer; Gregoire
3. Classification of Approximately 174.77 Acres of Borough Land
Located in the Nikiski Area Near Suneva Lake as Residential,
Pursuant to KPB Code of Ordinances, Chapter 17.10.080
4. An Ordinance Authorizing the Sale of Parcels of Borough Land by
Outcry Public Auction
5. Ordinance 2001 ~19-0$: Authorizing the Acquisition of Lots 2 and 3,
Block 8, Fairview Subdivision, Plat No. 56-2936, Homer Recording
District and Appropriating $121,040
6. Ordinance 2041-29: Amending KPB 2.40 Regarding Planning
Commission Membership and Apportionment
G. VACATIONS NOT REQUIRING A PUBLIC HEARIlVG -None
H. SPECIAL CONSIDERATIONS
1. Building Setback Exception; Lot 2A Towle Subdivision Olsen
Addition (Plat 98-39SW); Petitioner: Joyce Olsen of Cooper Landing,
Alaska; KPB File 2001-139; KPB Resolution 2001-21
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review seven plats.
J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18} -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
1. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Funny River; Morgan
2. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Nikiski; DeShong
3. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Homer; Kesner
4. Prior Existing Use for a Sand, Gravel or Material Site Determination;
near Arc Loop Road; Rasin
5. Kenai Peninsula Borough Comprehensive Plan
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
1. Quarterly Update of Ordinance 2000-50 Activities March 12, 2001
through June 30, 2001
2. Status Report for Conditional Use Permits Issued for Sand, Gravel or
Material Sites
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.
3
2. Proposed Residential and Freservation reclassification ofborough land
located in the Cooper Landing area described as Tracts B through N,
Sunrise View Subdivision (preliminary plat) and a portion lying within
the S%Z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB
Code of Ordinances, Chapter 17.10.080; carried forward from
December 14, 1998.
Postponed until brought back to the Commission by staff.
3. 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; Ordinance 2001-10: Authorizing along-Term Land
Use Permit with the Boys and Girls Club and Head Start Program in
Seldovia; carried forward from April 23 and May 14, 2001
Postponed until brought back by staff.
S. Public Hearing; An Ordinance Amending KPB Title 20 "Subdivisions"
Providing for the Construction of Roads to Borough Maintenance
Standards Frior to Final Plat Approval; carried forward from Apri19,
Apri123, and May 29, 2001
Postponed until brought back by staff.
6. Public Hearing; Vacate that portion of Pioneer Street dedicated by Plat
of Mullen Homestead (K-1783) and Soldotna Junction Subd. Addition
No. b (Plat KN 75-76), and vacate the 66 foot section line easement
underlying that same portion of Pioneer Street {centered on the section °"
line common to Sections 32 and 33), and vacate Mullen Drive
dedicated by Plat of Mullen Homestead (Plat K-1783), within
ownership 5 North, Range 10 West, Seward Meridian, Alaska; City of
Soldotna; KPB File No. 2001-040; Petitioners: Margaret T. Mullen for
the Margaret T. Mullen Trust, Eileen Mullen for Soldier Creek Corp.
and Dave & Linda Hutchings, all of Soldotna, Alaska; carried forward
from Apri123, May 29, 2001, and June 25, 2001
Postponed until brought back by staff
Q. ADJOURNMENT
PLAT COMMITTEE
The Plat Committee will meet August 13, 2001 at 5:30 p.m. in the Assembly
Chambers, Borough Administration Building, 144 North Binkley, Soldotna
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled Plat Committee meeting will beheld in the Assembly
Chambers, Borough Administration Building, 144 North Binkley, Soldotna, at 5:30
p.m. on August 27, 2001.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting will be held in the
Assembly Chambers, Borough Administration Building, 144 North Binkley,
Soldotna, at 7:30 p.m. on August 27, 2001
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Kenai Planning & Zoning Commission July 11, 2001 Minutes
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fax: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borou .kenai.ak.us/planningde~t
OTHER MEETINGS
Anchor Point Advisory Planning Commission August 14
~" `~ ~ 4
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
AUGUST ]., 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMFERS
http: / /tivwvv.ci.kenai.ak.us
ITEM A: CALL TO ORDER
I . Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agezzda
*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 wiII be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
I. Chris Degeraes, Parks Ss Outdoor Recreation -- Boat Launch Ramp
.J`°.~i~ ~ ^ ~Y~ ~rsrc, k~~~3 ~ ~er.~pr~..e.,e `.c. $vx~
ITEM C: PUBLIC HEARING5
~~~ ~ 1 _ Ordinance No. 1922-2001 -- Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund Fire Department for a
Donation From Unocal Oil & Gas and the Kenai Fire Fighters Association
to Purchase Equipment.
~U'"~ Resolution No. 2001-59 -- Declaring Equipment, Supplies and
Materials Surplus or Obsolete.
3. Resolution No. 2001-fi0 -- Awarding the Bid to Seekins Ford for an
~~~ ~, Airport 3/4-Ton 4x4 Extended Cab Pick-Up Truck for the Total Amount
of $24,701 and to Kenai Chrysler Center for a Building Department
Utility Vehicle for the Total Amount of $22,048.
~~ ~ 4. Resolution No. 2001-61 -- Establishing the Authorized Signatures for
Withdrawal From Depositories of Municipal Funds.
ITEM D: COMMISSION/COMMITTEE REPORTS
I. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
~. 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: NIINUTES
1. *Regular Meeting of July 18, 2001.
ITEM F:
ITEM G: OLD BUSINE53
ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinaace No. ].923-2001 -- Increasing Estimated Revenues and
Appropriations by $3,562.50 in the General Fund for Police Department
Tools.
4. *Ordinance No. 1924-2001 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the Comprehensive Plan Capital Project
Fund for an EDA Grant.
5. *Ordinance No. 1925-2001 -- Amending the Kenai Municipal Code by
Adding Chapter 8.20, Prohibiting the Use -and Sale of Fireworks Within
the City, Except for Authorized Fireworks Displays.
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
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August $, 2001- 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*Ail 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. *APPROVAL OF MINUTES: July 25, 2001
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
a. PZO 1-4 i-Resolution of the Planning and Zoning Commission reconvnending that KMC
14.20.230 (Home Occupations be amended to allow home occupations in residences in
commercial zones.) (Discussion)
b. Tract A, Baron Park Kenai Youth Facility Addition - Determination if needed for City of
Kenai public purpose.
c. Proposed 1002 Foreclosure Sale -- Determination if proposed parcels needed for public
purpose.
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
Planning & Zoning Commission page 2
Agenda August 8, 2001
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Draft Ordinance amending KMC 9.10
b. "Lawyer's Weekly" Article, "Landlords Cannot Stop Tenants From Installing Satellite
Dishes"
c. City of Kenai Building Reports -Year to Date 2001
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 25, 2001- 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. 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. *APPROVAL OF MINUTES: JULY 11, 2001
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZO1-35-Preliminary Plat -Porter's Acres Subdivision-Application submitted by
McLane Consulting Group, P.O. Box 468, Soldotna, Alaska.
b. PZO1-36-Preliminary Plat -Whispering Willow Subdivision-Application submitted
by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZO1-31-An application for a Variance Permit for additional signs for a Conditional
Use Permit for the property known as Lot 17, Block 10, Valhalla Heights Subdivision
(5296 Kenai Spur Highway}, Kenai, Alaska. Application submitted by Paul & Debbie
Wilson, 5296 Kenai Spur Highway, Kenai, Alaska.
b. PZO1-32-An application for a Conditional Use Permit far a retail business for the
property known as Lot 5, Block lA, Valhalla Heights Subdivision Part 5 (4401 N.
Dogwood Road), Kenai, Alaska. Application submitted by Raymond and Susan Carr,
4401 N. Dogwood Road, Kenai, Alaska.
c. PZ01-33-An application for a Variance Permit for an off premise commercial
advertising sign for the property known as Lot 35, Block 1, Valhalla Heights Subdivision,
Part 2 (4105 N. Dogwood Road), Kenai, Alaska. Application submitted by Raymond and
Susan Carr, 4401 N. Dogwood Road, Kenai, Alaska.
d. PZO1-34-An application for a Conditional Use Permit for a day care for the property
described as Lot 8, 9, 10, Block 4 of East Addition of Townsite of Kenai (511 South
Willow, Apartment 9}, Kenai, Alaska. Application submitted by Anita Rodriguez, 511 S.
Willow Street, Apartment 9, Kenai, Alaska.
b. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZO1-37 Home Occupation Permit -Day Care-For the property known as 1107 4`~
Avenue {Lot 1, McCann Subdivision). Application submitted by Julie Kim Luoma, 1107
4`~ Avenue, Kenai, Alaska.
b. PZO1-38-Transfer of Conditional Use Permit for Paint Ball Playing Field from Barrett
Nickel and Joshua Coray to Ronald H. Chenault for the property known as 514 Van
Antwerp Avenue (Tract A, Bridge Road Subdivision}, Kenai, Alaska. Transfer requested
by Ronald H. Chenault, 204 N. Gill Street, Kenai, Alaska.
$. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b, Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. "Zoning Bulletin" -June 25, 2001 & July 10, 2001
b. City of Kenai "2nd Quarter" Building Permit Report
c. Working Outline -Comprehensive Plan
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING 8s ZONING COMMISSION
CITY COUNCIL CHAMBERS
JULY 25, 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: Glick, Bryson, Goecke, Erwin, Morse, Nord (arrived at 7:02)
Members Absent: Jackman
Others Present: Councilman Bannock, City Manager Snow, City Planner
Kebschull, Contract Secretary Roper
1-b. Agenda Approval
MOTION:
Commissioner Glick MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Commissioner Morse SECONDED the motion. There were no objections.
SO ORDERED.
1-c. Consent Agenda
Commissioner Bryson MOVED to approve the Consent Agenda and requested
UNANIMOUS CONSENT. Commissioner Erwin SECONDED the motion. There were
no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- JULY 11, 2001
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT
Kebschull introduced Linda Snow, the new City Manager.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZO1-35-Preliminary Plat -Porter's Acres Subdivision Application
submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska.
MOTION•
Commissioner Bryson MOVED to approve PZ01-35. The motion was SECONDED by
Commissioner Morse.
Kebschull drew attention to staff comments in the application and noted the applicant
will be required to verify that no encroachment exists.
MOTION TO AMEND;
Commissioner Bryson MOVED to amend the main motion by adding staff
recommendations. Commissioner Erwin SECONDED the motion.
VOTE ON AMENDMENT
B son Yes Erwin Yes Glick Yes
Nord Yes Morse Yes Jackman Absent
Goecke Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN AMENDED MOTION:
Erwin Yes Glick Yes Nord Yes
Morse Yes Jackman Absent B son Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
4-b. PZO1-36-Preliminary Plat -Whispering Willow Subdivision-Application
submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska.
MOTION•
Commissioner Nord MOVED to approve PZO1-36 and Commissioner Glick SECONDED
the motion.
Staff had nothing additional and noted the application met all zoning requirements.
Morse asked about the addresses for PZO1-35 and PZ01-36, noting they were the
same. Kebschull stated the addresses would be determined after the plot is
subdivided.
PLANNING & ZONING COMMISSION MEETING
JULY 25, X001
PAGE 2
VOTE:
Glick Yes Nord Yes Morse Yes
Jackman Absent B son Yes Erwin Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZO1-31-An application for a Variance Permit for additional signs far a
Conditional Use Permit far the property known as Lot 17, Block 10,
Valhalla Heights Subdivision (5296 Kenai Spur Highway), Kenai, Alaska.
Application, submitted by Paul 8v Debbie Wilson, 5296 Kenai Spur
Highway, Kenai, Alaska.
MOTION:
Commissioner Glick MOVED to approve PZO 1-31 and Commissioner Morse
SECONDED the motion.
Chairman Goecke opened public hearings.
Chuck Phillips, 310 Phillips Drive, Kenai, Alaska -- Phillips stated he is a neighbor
and had no problem with the sign proposed by the Wilson's.
There was no further public testimony and the public hearing was closed.
Commissioner Bryson inquired as to the document included in the packet supporting
the sign but had no signature. Kebschull noted the document arrived unsigned.
Bryson asked if it was the intent of the applicant to place the sign on their parcel.
Kebschull explained they are required to have it on their property and noted a permit
would be required from DOT if they wished to place it on the DOT right-of--way.
The sandwich type sign was clarified by Kebschull, explaining it is atwo-faced,
temporary, movable sign.
MOTION TO AMEND•
Commissioner Glick MOVED to amend the main motion by adding staff
recommendations and Commissioner Nord SECONDED the motion.
VOTE ON THE AMENDMENT:
PLANNING & ZONING COMMISSION MEETING
JULY 25, 2001
PAGE 3
Nord Yes Morse Yes Jackman Absent
B son Yes Erwin Yes Glick Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN AMENDED MOTION:
Morse Yes Jackman Absent B son Yes
Erwin Yes Glick Yes Nord Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
5-b. PZO 1-32-An application for a Conditional Use Permit for a retail
business for the property known as Lot 5, Block lA, Valhalla Heights
Subdivision Part 5 (4401 N. Dogwood Road), Kenai, Alaska. Application
submitted by Raymond and Susan Carr, 4401 N. Dogwood Road, Kenai,
Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZO 1-32 and Commissioner Erwin
SECONDED the motion.
The public hearing was opened, however there were no comments. The public hearing
was closed.
Kebschull noted staff had nothing additional and pointed out this was an expansion of
an existing Conditional Use Permit. The permit had been in place since 1995.
VOTE:
Jackman Absent B son Yes Erwin Yes
Glick Yes Nord Yes Morse Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
5-c. PZ01-33 An application for a Variance Permit for anoff-premise
commercial advertising sign for the property known as Lot 35, Block 1,
Valhalla Heights Subdivision, Part 2 (4105 N. Dogwood Road), Kenai,
Alaska. Application submitted by Raymond and Susan Carr, 4401 N.
Dogwood Road, Kenai, Alaska.
PLANNING 8~ ZONING COMMISSION MEETING
JULY 25, 2001
PAGE 4
MOTION•
Commissioner Bryson MOVED to approve PZO 1-33 and Commissioner Morse
SECONDED the motion.
The public hearing was opened, however there were no comments. The public hearing
closed.
Bryson noted the sign must be placed on the parcel and not in the State right-of-way.
Nord stated the sign was a nice one and a colored print of the proposed sign was
reviewed by the Commission.
VOTE•
B son Yes Erwin Yes Glick Yes
Nord Yes Morse Yes Jackman Absent
Goecke Yes
MOTION PASSED UNANIMOUSLY.
5-d. PZ01-34-An application far a Conditional Use Permit for a day care for
the property described as Lot 8, 9, 10, Block 4 of East Addition of
Townsite of Kenai (511 South Willow, Apartment 9), Kenai, Alaska.
Application submitted by Anita Rodriguez, 511 5. Willow Street,
Apartment 9, Kenai, Alaska.
MOTION:
Commissioner Glick MOVED to approve PZ01-34 and Commissioner Erwin SECONDED
the motion.
Public Hearing was apen but there was no comment. Public hearing closed.
Kebschull explained this particular section of the Cade needed to be reviewed as it only
addressed home occupation permits in residential areas and apartment complexes are in
commercial zones. Consideration to modify this section of the code is required in an effort
to be more lenient for those with a home occupation in an apartment.
Kebschuil stated it was staff s recommendation the applicant be limited to one child as
requested by the owner of the apartment complex.
MOTION TO AMEND:
PLANNING 8v ZONING COMMISSION MEETING
JULY 25, 2001
PAGE 5
Commissioner Nord MOVED to amend the main motion by adding staff recommendations
that the applicant be limited to one child. Commissioner Bryson SECONDED the motion.
VOTE ON AMENDMENT:
Erwin Yes Glick Yes Nord Yes
Morse Yes Jackman Absent B son Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN AMENDED MOTION:
Glick Yes Nord Yes Morse Yes
Jackman Absent B son Yes Erwin Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS
ITEM 7: NEW BUSINESS
7-a. PZO 1-37-Home Occupation Permit -Day Care--For the property known
as 1107 4~ Avenue (Lot 1, McCann Subdivision). Application submitted
by Julie Kim Luoma, 1107 4~ Avenue, Kenai, Alaska.
Introduced by consent agenda.
7-b. PZO1-38-Transfer of Conditional Use Permit for Paint Ball Playing Field
from Barrett Nickel and Joshua Coray to Ronald H. Chenault for the
property known as 514 Van Antwerp Avenue (Tract A, Bridge Road
Subdivision), Kenai, Alaska. Transfer requested by Ronald H. Chenault,
204 N. Gill Street, Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZO1-38 and Commissioner Morse
SECONDED the motion.
Kebschuli pointed out the Code does not require notification on a transfer however the
adjacent property owner did receive notification. Kebschull added, the property owner
PLANNING & ZONING COMMISSION MEETING
JULY 25, 2001
PAGE b
indicated he might write a letter as he is concerned about parking. The applicant
indicated he would put up "Na Trespassing" signs and that may take care of the
potential problem.
VOTE•
Morse Yes Jackman Absent B son Yes
Erwin Yes Glick Yes Nord Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 8: PENDING ITEMS -- None
ITEM 9: CODE ENFORCEMENT -- None
ITEM I0: REPORTS
10-a. City Council -- Councilman Bannock gave a report based on actions
taken at the July 18, 2001 agenda (a copy of which was included in the packet).
10-b. Borough Planning -- Commissioner Bryson gave a report based on the
July 23, 2001 agenda included in the packet. Bryson also advised he had a copy of
the July 9 Borough Planning minutes available should anyone have any questions.
10-c. Administration -- Kebschull reported Waring is checking the public
facilities' history and inventory for the comprehensive plan and will provide a report.
Kebschull noted the first public hearing could be held as early as October 27 and
asked that Commissioners pencil in this date on their calendars. Kebschull added,
the intention is to use the City's newsletter to advise of these public hearings as it
reaches most everyone in within the City at no additional cost.
Kebschull noted she would be absent for the August 8~ meeting.
Kebschull reported Kathleen Graves with the Borough contacted her today to advise
that the Unity Trail bid was advertised and a contract could be awarded within two to
three weeks. It is anticipated that some clearing would take place this fall. Kebschull
added, aerial photos would be available for review by those property owners who may
be affected by the trail.
ITEM ~ 1: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 12: INFORMATION ITEMS
Z2-a. "Zoning Bulletin" -June 25, 2001 & July 10, 2001
PLANNING & ZONING COMMISSION MEETING
JULY 25, 2001
PAGE 7
12-b. City of Kenai "2nd Quarter" Building Permit Report
12-c. Working Outline -Comprehensive Plan
ITEM 13: COMMISSION COMMENTS 8s QUESTIONS
Commissioner Bryson welcomed City Manager Snow.
Commissioner Nord also welcomed City Manager Snow and thanked Kebschull for
the permit report included in the packet and asked if one would be available with the
permitees' name. Kebschull replied the information is updated daily and if anyone
wants a report to contact her.
Cornmissianer Glick welcomed City Manager Snow.
Chairman Goecke also welcomed City Manager Snow.
ITEM 14: ADJOURNMENT
Commissioner Morse MOVED to adjourn. There were no objections. SO ORDERED.
The meeting adjourned at 7:35 p.m.
Transcribed and Submitted by:
Barbara Roper, Contract Secretary
PLANNING 8v ZONING COMMISSION MEETING
JULY 25, 20a 1
PAGE $
j~
CITY OF KENAI
21D FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
~Illi.
~~:
MEMO:
TO: Planning & Zoning Commission ~~
FROM: Marilyn Kebschull, Planning & Zoning Administration
DATE: July 27, 2001
SUBJECT: Resolution PZ01-41
This resolution is the result of the recent Conditional Use Permit that the Commission
reviewed and approved in a commercial zone. At the time of the public hearing, I noted
administration's concern that there are several apartment complexes and residences
located in commercial zones that are negatively affected by the current wording in the
ordinance. The resolution will be set for public hearing at your August 22"d meeting.
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ01-41
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 14.20.230 (HOME OCCUPATIONS) BE AMENDED TO ALLOW
HOME OCCUPATIONS IN RESIDENCES IN COMMERCIAL ZONES.
WHEREAS, currently home occupation permits are only allowed in residences in
residential zones; and
WHEREAS, allowing home occupations in residences in commercial zones is
consistent with the intent of KMC 14.20.230 (home occupations); and
WHEREAS, it is in the best interest of the City of Kenai to allow home Occupations in
residences in commercial zones.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THAT THE COUNCIL OF THE CITY OF KENAI, Alaska amend KMC 14.20.230 as
follows:
14.20.230 Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations
which are compatible with other permitted uses and with the residential
character of a neighborhood, and which are clearly secondary or
incidental to the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the
average neighbor, under normal circumstances would not be aware of its
e~stence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses [IN RESIDENTIAL ZONES] only
so long as all the development requirements listed in this section are
observed.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this ._ day of 2001.
Chairanan
ATTEST:
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. -2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.230 (HOME OCCUPATIONS) TO ALLOW HOME OCCUPATIONS IN
RESIDENCES IN COMMERCIAL ZONES.
WHEREAS, currently home occupation permits are only allowed in residences in
residential zones; and
WHEREAS, allowing home occupations in residences in commercial zones is
consistent with the intent of KMC 14.20.230 (home occupations); and
WHEREAS, it is in the best interest of the City of Kenai to allow home occupations in
residences in commercial. zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.230 is amended as follows:
14.20,230 Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations
which are compatible with other permitted uses and with the residential
character of a neighborhood, and which are clearly secondary or
incidental to the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the
average neighbor, under normal circumstances would not be aware of its
existence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses [IN RESIDENTIAL ZONES] only
so long as all the development requirements listed in this section are
observed.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of
2D01.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
14.20.230 Home occupations.
(a}Intent. It is the intent of this chapter to permit hams occupations which are compatible with other
permitted uses and with the residential character of a neighborhood, and which are clearly secondary or
incidental to the residential use of the main building. In general, a home occupation is an accessory use
so located and conducted that the average neighbor, under normal circumstances would not be aware of
its existence other than for a sign as permitted in this chapter. Home occupations are permitted
accessory uses in residential zones only so long as all the development requirements listed in this section
are observed.
{b) Uses Permitted. Subject to the development requirements of this section, home occupations include,
but are not limited to, the following uses:
(1 }Aft StUdlO.
(2) Day care of na more than eight (8) children under the age twelve (12), including children related to
the caregiver.
(3) Dressmaking.
(4) Millinery.
(5) Beauty parlor.
(6) Tutoring and musical instruction.
(c) Uses Prohibited.
(1 }Commercial auto and boat repair.
(2) Commercial kennels or similar uses.
(3) Convalescent homes for the care of more than two patients.
(4) Mortuaries.
(5) Private schools with organized classes.
{6} Real estate office.
(7} Restaurants.
{d} Development Requirements.
(1) Not more than one person outside the family shall be employed in the home occupation.
(2) No more than thirty (30%) percent of the gross floor area of all buildings on the lot shall be used for
the hams occupation.
(3} The home occupation shall be carried on wholly within the principal building, or other buildings which
are accessory thereto. Any building used for a home occupation shall be wholly enclosed.
(e} Permit Application.
(1) An application for a home occupation permit shall be Fled in writing with the City Planning and
Zoning Department and signed by the person requesting to operate the home occupation.
{2) If the Planning and Zoning Department finds the application meets the criteria of KMC 14.20.230 it
shall be placed on the consent agenda of the Planning and Zoning Commission. Applications listed on
the consent agenda are considered routine and will be approved by one motion. There will be no
separate discussion of the application uNess a member of the Commission 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.
(3) A finding by the Planning and Zoning Department that an application does not meet the criteria of
KMC 14.20.150 and deniial of placement on the consent agenda may be appealed to the Planning and
Zoning Commission by f ling a written appeal with the Kenai City Clerk within thirty {30} days of the date
of denial.
(4} Notice of the consideration by the Commission of a home occupation permit application shall be
published once at least two (2) days prior to the meeting in a paper of general circulation in the City of
Kenai.
(f} Permits non-transferable. A home occupation permit granted under this section shall not be
transferable to another person or location.
(g) Exemption. Na home occupation permit shall be required for activities or business which are carried
on solely by use of phones, computers and mail or delivery services and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by members of the public to the home.
{h}Fire Code Inspections.
(1) Day care facilities shall tie inspected by the Fire Marshal for compliance wiht the fire code (KMC
8.05) prior to approval of the permit. Thereafter, they shalt be inspected every other year by the Fire
Marshal. Failure to comply with the fire code {KMC 8.05) shall be grounds for the suspension or
revocation of the facilities' home occupation permit.
(2} Residences which are the sub)ect of a home occupation permit application (other than day care
facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code {KMC
8.05) prior to approval of the pemnit, if the Fire Marshal determines it is necessary for public safety.
(Ords. 925, 145fi, 1885-2000)
CfTY OF KENA~ ~ ~'
rr ~~ _ I ~~~~ n
~ 210 FI~ALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014
i~~l~l
,~,~
Memorandum
Date: August 1, 2001
To: Kenai Planning and Zoning Commission
From: Kim Howard, Assistant to the City Manager
RE: Tract A, Baron Park Kenai Youth Facility Addition
The State of Alaska has selected a site in the City of Kenai to construct a youth
detention facility. The City intends to provide ten acres off of Marathon Road for
the project. Tract A, Baron Park Kenai Youth Facility Addition is Airport Land
and the City's General Fund must purchase the property at fair market value
prior to the transfer to the State of Alaska.
In order to dedicate the property for the youth detention facility, the City Council
needs to pass an ordinance stating the property is not needed for a City public
purpose but is needed far a public purpose by the State of Alaska.
Does the Planning and Zoning Commission recommend that Tract A, Baron
Park Kenai Youth Facility Addition is not needed for a City public purpose
but is needed for a public purpose by the State of Alaska?
Attachment
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T EL E PHON I: 907-283-7535
_ _ FAX 907-283-3014
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1992
Memorandum
Date: August 1, 2001
To: Kenai Planning and Zoning Commission
From: Kim Howard, Assistant to the City Manager
RE: Proposed 2001 Foreclosure Sale
The City is planning a sale of approximately fourteen parcels of foreclosed
properties. Some parcels were foreclosed by the Borough for taxes and
subsequently deeded to the City. Others were foreclosed by the City for special
assessments.
Attached please find a list of those parcels and accompanying maps. Re~riew
these properties and make a determination if any parcels are needed for public
purpose.
Attachments
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Suggested by:
CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 9.10 TO ELIMINATE THE REQUIREMENT THAT RESIDENTS OF THE CITY OF
KENAI USE COMMERCIAL GARBAGE/REFUSE COLLECTION SERVICES.
WHEREAS, currently KMC 9.10 requires that residents of the City of Kenai use
commercial garbage/refuse services; and
WHEREAS, many residents of the City take their own garbage/refuse to the Borough
landfill or the local transfer site; and
WHEREAS, the requirement that Kenai residents use commercial garbage/refuse
collection has not been enforced for many years; and
WHEREAS, changes need to be made in the types of garbage receptacles required; and
WHEREAS, abatement procedures for uncollected garbage need to be added to the
code that would allow the City to bill the property owner for clean-up costs and assess
the costs as a lien on the property if unpaid.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that Chapter 9.10 is amended as shown in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ day of
2001.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Title 9 GARBAGE AND OTHER REFUSE
GENERAL PROVISIONS
9.10.005 Definitions.
Those definitions specified in Kenai Peninsula Borough Code Section 10.04.010 are hereby
adopted by reference herein. Unless otherwise provided or the context otherwise requires:
{a) "Incinerator" means any equipment, device, or contrivance, excluding fireplaces and burn
barrels, used for the controlled thermal reduction of solid waste;
(b) "Landfill" means a land area used for the disposal of solid waste;
(c7 "Solid Waste" means all unwanted or discarded solid or semi-solid material whether
putrescible or non-putrescible, originating from any source, including but not limited to garbage,
paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter, and street sweepings, de-watered
sewage, sludge, dead animals, offal, junked vehicles, and equipment, material and debris
resulting from construction or demolition projects, abandoned and decaying structures, and
hazardous wastes;
{d) "Putrescible waste" means material capable of being decomposed so as to cause nuisance or
obnoxious odors;
(e) "Hazardous Waste" means waste that is capable of causing injury, disease, impairment of
health, or property damage, including but not limited to poisons, pesticides, acids, caustics,
infectious, or pathological wastes, radioactive materials, explosive materials, and oil and
petroleum products;
(f} "Solid Waste Disposal Facility" means an intermediate disposal facility, transfer station,
Indfill, incinerator, composting plant, recycling, or reclamation facility or any site utilized for
the reduction, consolidation, conversion, processing, or disposal of solid waste.
9.10.010 Garbage to be deposited in containers.
All garbage created, accumulated, or produced shall be deposited in watertight containers
equipped with tight-fitting lids. Such container shall be one manufactured for the ose of
storin or de ositin arba a for collection. [EACH CONTAINER SHALL HAVE A
CAPACITY OF NOT LESS THAN FIVE {5) GALLONS AND NOT MORE THAN 55
GALLONS, SHALL BE KEPT NEAT AND SANITARY AT ALL TIMES, AND SHALL NOT
EXCEED 70 POUNDS GROSS WEIGHT WHEN FULL.] All premises shall be maintained by
the owner or a ent free of arba a rubbish refuse debris and filth accumulation. If after ten
10 da s notice from the Cit the owner or a ent of a remises fails to correct an of the above
conditions the Cit ma cause it to be done and have cost thereof assessed as a lien a ainst the
ro ert .
9.10.020 Householder to provide containers,
It shall be the duty of every person in possession, charge, or control of any place in or from
which garbage is created, accumulated, or produced, to provide and at all times keep in a suitable
place [READILY ACCESSIBLE TO THE COLLECTING SERVICE], garbage containers
Attachment A Page 1 of 3
Ordinance No.
capable of holding all the garbage which would ordinarily accumulate on such premises between
the times of successive collections. The owner of any multiple dwelling shall furnish or reduire
his tenants to famish proper garbage containers. Garbage containers located at multiple
dwellings, if furnished by the tenants, shall be marked so as to indicate the apartment to which
they belong.
9.10.034 Location of containers.
No garbage containers or other containers for refuse[, OTHER THAN THOSE OF THE CITY
OF KENAI,j shall be placed, stored, or located within the traversed right-of--way of a street or
alley; provided, however, that such containers may be placed on the edge of the public right-of-
way, but off the traveled portion, at specified places and times when such location is necessary
for expeditious collection.
9.10.040 Refuse service by a certified carrier.
Commercial refuse collection in the City of Kenai shall be provided by a refuse collection
service certificated and regulated by the [ALASKA PUBLIC UTILITIES COMMISSION]
Re lato Commission of Alaska.
9.10.050 Removal to local solid waste disposal site.
It is hereby found and determined that periodic collection of garbage from all places in the City
of Kenai benef is all occupants of places or premises in the City; and such occupants ar persons
in possession, charge, or control of any place in or from which garbage is created, accumulated,
or produced shall [EITHER] utilize (AND PAY FOR THE REFUSE COLLECTION SERVICE
ENUMERATED 1N KMCj the Kenai Peninsula Borou solid waste dis osal facilities.
9.10.060 Burning or burying of refuse prohibited.
[In no event may] Exce t as allowed b a ermit issued b the Kenai Fire De artment
occupants or persons in possession, charge, or control of any place in or from which refuse is
created, accumulated, or produced, marmot [BURY OR] burn such refuse. Burg of garbage
or refuse is prohibited.
9.10A70 Time of collection.
Commercial and non-commercial collection of garbage shall be made at least once a week from
private residences and as many times per week as the Council may order from all other places.
[9.10.080 NOTIFICATION FOR COLLECTION.)
[ALL OCCUPANTS, PERSONS IN POSSESSION, CHARGE, OR CONTROL OF PREMISES
AND PLACES IN OR UPON WHICH GARBAGE IS CREATED, ACCUMULATED, OR
PRODUCED SHALL NOTIFY THE AUTHORIZED GARBAGE COLLECTING SERVICE
Attachment A Page 2 of 3
Ordinance No.
OF THE CITY OF KENAI THAT COLLECTION OF GARBAGE FROM SUCH PLACE IS
REQUIRED.]
9.10.090 Nuisance.
The keeping of garbage in containers other than containers prescribed by this chapter or the
keeping upon premises of garbage or rubbish which is allowed to become offensive and
noisome, shall constitute a [PUBLIC NUISANCE] violation, and may also be abated in the
manner provided bylaw for the abatement of nuisances.
9.10.100 Dumping refuse in city streets.
Dumping refuse in city streets, rights-of--way, or city-owned property is hereby declared to be
unlawful.
9.10.110 Penalty.
Any person, firm, or corporation who shall create or maintain a nuisance as defined in this
chapter, or who shall violate any provision of this chapter, shall upon conviction be punished as
provided for violations in KMC 13.05.014.
9.10.120 Operation of solid waste disposal site.
(a) The City of Kenai hereby transfers its municipal power or authority for operation of a solid
waste collection and disposal site to the Kenai Peninsula Borough. This transfer contemplates
transfer of any authority it may have in, and to, the operation of the solid waste disposal site
being operated by the City of Kenai on the effective date of approval by the Kenai Peninsula
Borough Assembly. This transfer is accomplished pursuant to AS 29.33.250 and AS 29.33.260.
(b) That the only solid waste collection and disposal sites which may be operated within the
limits of the City of Kenai shall be those operated by the Kenai Peninsula Borough.
Attachment A Page 3 of 3
Ordinance No.
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290 FIDALGO, SUITE 200, KENAI, AK 99669-7794
(907) 283-7535
i~
City of Kenai
To: Denise From: Marilyn Kebschull
Fax: 2$3-3299 Pages: 1
Phone: 283-7551 Date: August 2, 2001
Re: ADVERTISEMENT CC: FILE
^ Urgent ^ For Review CI Please Comment Please Reply ^ Please Recycle
~ Comments:
Please publish the following advertisement on Monday, August 6, 2001. This will be
charged against the open purchase order you have. Thanks. (Nate: I am emailing
and faxing this notice.)
CITY OF KENAI
PLANNING 81 ZONING COMMISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
August 8, 2001 - 7:00 p.m.
httpa/www.ci. kenai.ak. us
1. CONSIDERATION OF PLATS:
2. PUBLIC HEARINGS:
3. OLD BUSINESS:
4. NEW BUSINES5:
a. PZ01-41-Resolution of the Planning and Zoning Commission recommending tFtat KMC
14.20.230 (Home Occupations be amended to allow home occupations in residences in
commercial zones.} (Discussion)
b. Tract A, Baron Park Kenai Youth Facility Addition -- Determination if needed for City of Kenai
public purpose.
c. Proposed 1002 Foreclosure Sale -Determination if proposed parcels needed far 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: August 6, 2001