HomeMy WebLinkAbout2003-09-10 Planning & Zoning PacketCOMMISSION CHAIR REPORT
September 10, 2003
REGULAR COMMISSION MEETING
CHANGES TO THE AGENDA
RE4UESTED
BY: - ~-~~
ADD: IOb Boxough Planning Agenda STAFF
CITY OF KENAI
PLANNING & ZONING COMMISSION
AMENDED AGENDA
CITY COUNCIL CHAMBERS
September 10, 2003 - 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:
a. *August 27, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ03-38-Preliminary Plat -Integrity Plaza - Submitted by Integrity Surveys, 605
Swires Road, Kenai, Alaska.
b. PZ03-39-Preliminary Plat -Strawberry Fields Forever Addition #1 -Submitted by
Integrity Surveys, 605 Swires Road, Kenai, Alaska.
S. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
I1. PERSONS PRESENT NOT SCHEDULED:
a. City Attorney Cary Graves -Commission & Committee Powers
12. INFORMATION ITEMS:
a. KPB Plat Committee Action -Kenai Townsite ACS Replat
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 10, 2003 - 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 separa#e 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:
a. *August 27, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ03-38-Preliminary Plat -Integrity Plaza -Submitted by Integrity Surveys, 605
Swires Raad, Kenai, Alaska.
b. PZ03-39 Preliminary Plat -Strawberry Fields Forever Addition #1 -Submitted by
Integrity Surveys, 605 Swires Road, Kenai, Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS;
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. KPB Plat Committee Action -- Kenai Townsite ACS Replat
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 27, 2003 - 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:
a. *August 13, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ03-36-Preliminary Plat -Thompson Park Subdivision -Hobbs Addition. Plat
submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669
5. PUBLIC HEARINGS:
a. PZ03-32--An application to amend PZ93-52 a Conditional Use Permit to extract natural
resources (gravel pit) to include storage of construction equipment and materials for the
property known as Tract A-1, Beaver Loop Acres Addition No. 1 {2370 Beaver Loop
Road), Kenai, Alaska. Application submitted by Patrick J. Doyle dba Beaver Loop Sand
and Gravel, 49758 Island Lake Road, Kenai, Alaska.
b. PZ03-33'- An application to amend PZ02-43 to modify the permit the conditional use
permit for grooming to removing the fencing as required by the Board of Adjustment.
Application for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th
Avenue), Kenai, Alaska. Application submitted by Nancy Henricksen dba
Groomingdales, 1802 4th Avenue, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a, *FZ03-37-An application for a Home Occupation Permit for operating a daycare at the
property known as Lot lA Cerepa Subdivision No. 2, 1308 Kiana Lane, Kenai, Alaska.
Application submitted by Rowena Wilshusen, 1308 Kiana Lane, Kenai, Alaska.
b. Amendment to Kenai Zoning Map -Thompson Park Subdivision -Fireweed Lane area -
Update
S. PENDING ITEMS:
9. CODE ENFORCEMENT:
Agenda
August 27, 2003
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. KPB Notice - Shankel Subdivision
b. KPB Administrative Approval Yragui Subdivision
13. COMMISSION COMMENTS & QUESTIONS:
Page 2
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 27, 2003 - 7:00 P.M.
CHAIR RON GOECKE, PRESIDING
MINUTES
ITEM I: CALL TO ORDER
Chair Goecke called the meeting to order at approximately 7:00 p.rn.
I -a. Roll Call
Roll was confirmed as follows:
Commissioners Present:
Carl Glick
Phil Bryson
Barry Eldridge
Ron Goecke, Chair
Jay Barrett
Nelson Amen
Commissioners Absent: John Hammelman
Others Present: City Planner Marilyn Kebschull, City Clerk Freas, and City
Council Member John Osborne
I-b. Agenda Approval
MOTION:
Commissioner Amen MOVED to approve the agenda as submitted with the lay downs
included and Commissioner Glick SECONDED the motion. There were no objections.
SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Glick MOVED for approval of the consent agenda as submitted and
requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- August 13, 2003
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ03-36-Preliminary Plat -Thompson Park Subdivision -Hobbs Addition.
Plat submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK
99669
MOTION:
Commissioner Glick MOVED for approval of PZ03-36, Preliminary Plat for Thompson
Park Subdivision, Hobbs Addition.
City Planner Kebschull explained the action requested is to remove a lot line to
combine Lot 3 and the east one-half of Lot 4 (Lot 4 was split at some time, making two
lots), making a conforming lot to the standards of that zone. Noting both these lots
are currently substandard, she explained, the city records do not indicate how that
happened. In contacting the Borough, she was told there are many old plats that were
done on paper. The Borough researched as far back as 1967 anal did not find any
record on the property. In pulling the original Thompson Park plat, Kebschull added,
it looked as though it had been recorded in 1960 and between 1960 and 1967, it must
have been done on paper and were probably nonconforming at that time. Lot 5 and
the west one-half of Lot 4 are in a single ownership as are Lot 3 and the East half of
Lot 4. They do not know if the original stipulations required the two lots on either side
remain in single ownership. Kebschull. stated, this property owner wants to build a
residence on Lot 3a (after removal of the lot line). She added, the West one-half of Lot
4 is a nonconforming lot and under the city's code, as long as they meet all other
development requirements, i.e. lot coverage and setbacks, they will be able to build
there. The owner would have to remove the lot line only to use that portion of the Iand
to construct, as the subject Lots.
Commissioner Bryson added, occasionally in the past and especially in Thompson
Park when soils were sometimes marginal, many times lots were split to allow a
neighboring lot to install a second septic system due to the failure of the first and
often done by deed only. He added, today, it would be an illegal subdivision.
VOTE:
Glick Yes Goecke Yes B son Yes
Barrett Yes Hammelman Absent Eldrid e Yes
Amen Yes
MOTION PASSED UNANIMOU5LY.
ITEM S: PUBLIC HEARINGS
PLANNING 8~ ZONING COMMISSION MEETING
AUGUST 27, 2003
PAGE 2
5-a. PZ03-32 -- An application to amend PZ93-52 a Conditional Use Permit to
extract natural resources (gravel pit) to include storage of construction
equipment and materials for the property known as Tract A- 1, Beaver
Loop Acres Addition No. 1 (2370 Beaver Loop Road), Kenai, Alaska.
Application submitted by Patrick J. Doyle dba Beaver Loop Sand and
Gravel, 49758 Island Lake Road, Kenai, Alaska.
MOTION:
Commissioner Eldridge MOVED for approval of PZ03-32 and Commissioner Glick
SECONDED the motion.
Goecke opened the public hearing and being no public comments, the hearing was
closed.
Kebschuil reported no comments were received. The amendment to the permit would
clear up an existing condition, i.e. the permit allows for specific use of the property for
the operation of a gravel pit. Because there have been items of equipment for other
than the gravel pit business, the city offered them time to amend the permit. She
added, administration recommends approval of the amendment.
A brief discussion followed and Kebschull explained, the city gave them time to remove
the equipment and probably would be in the near future, however Doyle wanted to
take care of it officially.
VOTE:
Glick Yes Geocke Yes B son Yes
Barrett Yes Hammelman Absent Eldrid e Yes
Amen Yes
MOTION PASSED UNANIMOUSLY.
Geocke noted, for the record, the appeal procedure.
5-b. PZ03-33 -- An application to amend PZ02-43 to modify the permit the
conditional use permit for grooming to removing the fencing as required
by the Board of Adjustment. Application for property known as Lot 6,
Block 2, Spruce Grove Subdivision (1.802 4th Avenue), Kenai, Alaska.
Application submitted by Nancy Henricksen dba Groomingdalcs, 1802
4th Avenue, Kenai, Alaska.
MOTION:
PLANNING & ZONING COMMISSION MEETING
AUGUST 27, 2003
PAGE 3
Commissioner Eldridge MOVED for approval of PZD3-33, a conditional use permit on a
retail business, and Commissioner Bryson SECONDED the motion.
Verbatim Begins:
Goecke: As this is a public hearing item, we will open the public hearing portion
of this meeting for this item and as is there is nobody in the audience to speak to this
item, we will close the public hearing portion and bring it back to the commission and
ask staff if they have anything additional on this one.
Kebschull: I don't have anything additional. I would draw your attention to the one
lay down that you were given tonight which is a fax from Mr. Shinn who is the
neighbor most directly affected by this permit and he also spoke to you at the last
public hearing.
Goecke; Okay, bring it back to the commission. Mr. Barrett.
Barrett: Just for clarification, on page 2, at the end of the second paragraph, is
said, "...with the condition that site obscuring fence replaces the current fence by
June 30, 2002." I assume that means 2003?
Kebschull: Yes, thank you for that correction
Barrett: I had another question. The next paragraph, it appears Ms. Henricksen's
only two options are to cease operation or apply to modify the permit. She no longer
has the option of putting up asite-obscuring fence?
Kebschull: That was the attorney's opinion because she had failed to meet the
deadline and so, he gave her that option.
Goecke: Anybody else? Mr. Amen?
Amen: Have there been any significant changes since August, 2002 in the
intention or intent of the use? I'm looking for a change.
Kebschull: I guess I'd like clarification on what you mean, "any signifcant."
Amen: I think we had good reasoning back in August of 2002 in the way it was
taken care of by this commission at that time. Are the facts markedly different now
versus in the past?
Kebschull: As far as I know, the applicant states that she, you know, at the last
hearing she removed the request for boarding, which was the issue with pets in the
yard and at that point, at that hearing, she testified that the pets were only hers or her
PLANNING & ZONING COMMISSION MEETING
AUGUST 27, 2003
PAGE 4
family's, that she not caring for other pets. That was issue, I think, because as far as
someone is coming to and from the home and just taking a pet in for grooming and
out, it should not affect the neighbors. She says that's what's happening. The
neighbor, Mr. Shinn, when he spoke with me, says that there are numerous
unfamiliar pets that he sees from time to time. Not at one time, but he sees different
pets in the yard. So, I don't know.
Amen: Thank you.
Goecke: Mr. Bryson...
Bryson: Yes, my observations are that, you know, certain people, a lot of these
have obligations here. The petitioner, I feel, has an obligation not to adversely impact
their neighbors and also the city has an obligation not to be punitive or arbitrary in
applying conditional requirements. So, I think, I feel the fencing issue became not
pertinent to the, to what's otherwise the problem. I will supporting the petition.
Eldridge: Mr. Chairman...
Goecke: Mr. Eldridge?
Eldridge: Yea, the application states that there is no kenneling or day care far dogs
at the residence which I presume is the purpose of the fence going up, or the
requirement of the fence. So, if she is only bringing dogs into the garage and then
sending them home, I don't see any need for a fence. So I too will support this.
Goecke: Mr. Barrett.
Barrett: Every time I have to go and get a haircut, which is getting less and less
frequent as I get older, I have to sit and wait and so I'm assuming sometimes the dogs
have to sit and wait far their, their owners to come and pick them up and may need to
use the facilities, which may be the yard, do we know if the strange dogs in the yard
are there doing their doggy business or if they're there for extended periods of time?
Kebschull: No, I don't know. That's why I placed the stipulation on the permit that
they have to be transported to and from the facility and may not be in the yard. I
don't know what accommodations she could make for that. I do understand that
there are inside accommodations that can be made for that kind of thing.
Goecke: Well, I have a bit of heartbreak of this thing. Going, Mr. Bryson brought
up a thing about not impacting the neighbors and part of my heartbreak over this is
the fact that it's not necessarily so much this point in question, it's just that it's, I
think there's more, more to this than just this grooming business and that being the
case, I am not going to support this. So, anybody else?
PLANNING & ZONING COMMISSION MEETING
AUGUST 27, 20Q3
PAGE 5
Glick: Mr. Chair,
Goecke: Mr. Glick.
Glick: I tend to agree with you. I'm disappointed that some of these neighbors
didn't come in tonight to personally testify about the problems that are still going on,
that are still ongoing with dogs being in the yard that do not appear to be hers, which
she says there aren't. But, so I think too there's more taking place than what we see
in writing here tonight and I can't support this either.
Goecke: Mr. Eldridge.
Eldridge: Just one other comment. On Mr, Shinn's email, it seems what he's most
concerned about is the fact that she's not maintaining the home probably as he, as
maybe he would like to see it maintained. The maintenance seems to be what he's
picking up on in this particular (inaudible. That's his problem which, which is really
part of what we're considering here tonight.
Goecke: Anybody else? Mr. Bryson.
Bryson: I guess my question to the commission would be, does the fence change
anything? We're talking a major expense for a person who presumably would not be
able to afford to fence an entire lot line. To me, the city has an obligation to apply
conditional requirements that affect the operation of the facility rather than be a, just
a stumbling block.
Goecke: Anybody else? Seeing none.
VOTE:
Glick No Goecke No B son Yes
Barrett Yes Hammelrnan Absent Eldrid e Yes
Amen No
MOTION FAILED.
Freas: It's a tie. It failed.
Goecke: Motion fails. Again, if somebody wishes to appeal this to city council for
a hearing, they have 15 days to do it with the City Clerk across the hall.
End of verbatim.
ITEM 6: OLD BUSINESS -- None.
PLANNING 8~ ZONING COMMISSION MEETING
AUGUST 27, 2003
PAGE 6
ITEM 7: NEW BUSINESS
7-a. PZ03-37 -- An application for a Home Occupation Permit for operating a
daycare at the property known as Lot lA Cerepa Subdivision No. 2, 130$
Ki.ana Lane, Kenai, Alaska. Application submitted by Rowena Wilshusen,
1308 Kiana Lane, Kenai, Alaska.
Approved by consent agenda.
7-b. Amendment to Kenai Zoning Map -- Thompson Park
Subdivision/Fireweed Lane area -Update
Kebschull reviewed the color-coded map included in the packet and Hated, she would
be contacting those property owners who had not yet responded to her initial
correspondence before the next commission meeting.
ITEM 8: PENDING ITEMS -- None.
ITEM 9: CODE ENFORCEMENT -- None.
ITEM I0: REPORTS
10-a. City Council -- Councilman Osborne reviewed the action agenda of the
August 20, 2003 council meeting, included in the packet.
10-b. Borough Planning -- Commissioner Bryson reviewed actions taken by
the Planning Commission at their August 25, 2003 meeting.
ZO-c. Administratian -- Kebschull reviewed the following:
• Council has requested administration review and report what actions will
be required for the city to administer the ordinance. The Borough's Kenai River
protection ordinance is written so a municipality may assume the responsibility of the
ordinance, however the city's ordinance would have to be as strict or stricter than the
Borough's ordinance. Administration has been requested to take the discussion to the
Harbor Commission and Planning & Zoning Commission for recommendations before
the issue returns to council.
• Mr. Baker, of Integrity Surveys, has stated his interest in building an
new office building on Government Lot 44 (on the corner of Swires Road and Kenai
Spur Highway). In trying to determine there is enough area for the building to be
placed on the commercial-zoned area (because the lot appears to be split zoned on the
zoning map), it was discovered the property was not technically rezoned approximately
ten years ago. Kebschull reviewed the history of the property and noted the building
permit for the commercial structure will be issued, however Baker will have to go
PLANNING & ZONING COMMISSION MEETING
AUGUST 27, 2003
PAGE 7
through the rezone process. If he presents other than what is seen on the map, he will
not be protected under the doctrine of estoppal. If he presents it as it is currently, the
city attorney feels it should be approved and it should stand up should there be an
appeal. Kebschull added, the matter will be coming to the Commission for review.
• Administratively, there has been a policy that if someone requires a
building permit requiring a replat, once it goes through the Commission review and is
approved, a building permit would be issued prior to the Borough review. Because
there has been a problem with this process, building permits will no longer be issued
until preliminary plats have had the Commission and Borough's preliminary
approvals. A statement will also be placed on the building permit noting a certificate
of occupancy will not be issued until the final plat is recorded. This will slow the
process, but if everything is done as required, it should not hold the process up too
long.
• The City has been informed the State DOT are beginning to have items
removed from their right-of-way, i.e. the KCHS sign, flower pots, signs, etc. The city
does not regulate the state right-of-ways. However, it has been noted the State's
efforts do not seem to be the same for all properties.
• The Commission approved the removal of a lot line for the Three Bears
property. Administration is reviewing the Landscape Site Plan and is investigating old
records to learn if there was a fencing requirement. If there is, it would allow an
opportunity for the city to requixe them to repair the existing fence dividing their
property from the residential area behind them and acting as a buffer.
ITEM I1: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
12-a. KPB Not ice - Shankel Subdivision
12-b. KPB Administrative Approval Yragui Subdivision
ITEM I3: COMMISSION COMMENTS &.OUESTIONS -- None.
ITEM I4: ADJOURNMENfi
MOTION:
Commissioner Glick MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:42 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING 8s ZONING COMMISSION MEETING
AUGUST 27, 20Q3
PAGE 8
`~ ~
STAFF REPORT
To: Planning & zoning Commission
Date: 8125103
Res: PZ03-38
GENERAL INFORMATION
Applicant: Integrity Surveys 283-9047
605 Swires Road
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat - integrity Plaza {A subdivision
of Government Lot 44y
Legal Description: lntegrity Plaza - A subdivision of Government Lot 44
Street Address: 603 - 605 Swires Road
KPB Parcel No.: 04520004
Existing Zoning: Split {General CommerciallSuburban Residential]
Current Land Use: Residential
Land Use Plan: General Commercial/Low Density Residential
ANALYSIS
Plat subdivides a 7200 square-foot tract from Government Lot 44. The
resulting parcels meet the zoning requirements for the General Commercial and
Suburban Residential zones. There is an existing structure on Lot 1, used for
residential purposes. Final plat must verify there are no encroachments related
to structures located on either Lot 1 or Tract A.
Final plat should be corrected to show Swires Drive as Swires Road.
Cit En ineer:
Swires Road is now formally dedicated with this plat.
Building Official:
No building code issues.
03-38 Gomment.doc
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
Page 2
1. Resolution No. PZ03-38
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. P7A3-38
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Integrit Plaza was referred to the City of Kenai Planning
and Zoning Commission on August 19,,_2003 and received from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
I . Plat area is zoned SPLIT ZONED {GENERAL COMMERCIAL/SUBURBAN
RESIDENTIAL} and therefore subject to said zone conditions.
2. Water and sewer: Available
3. Plat daes not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount awed to the City of Kenai for the
referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are NOT correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE INTEGRITY PLAZA SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, SEPTEMBER,10,,-2003.
CHAIRPERS ~.
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STAFF REPORT
To: Planning & Zoning Commission
Date: June 11, 2003 Res: PZ03-39
GENERAL INFORMATION
Applicant: Integrity Surveys 283-9047
605 Swires Road
Kenai, AK 9961 1
Requested Action: Preliminary Plat
Legal Description: Strawberry Fields Forever Addition #1 (Revised}
Street Address: 525 & 565 Devray Street
KPB Parcel No.: 04948038 & 04948039
Existing Zoning: RR -Rural Residential
Current Land Use: Vacant
Land Use Plan: Low Density Residential
ANALYSIS
This is the third revision of this preliminary plat. The initial version created Tract
A [See attached} that is located south of Tract A-2 on the current revision. The
second revision, subdivided the parcel to the north of Tract A (which became
Tract B) (See attached} creating Tract A-1 and Tract A-2 and dedicating ahalf-
dedication of Shell Drive from Devray Street to North Strawberry Road.
The current revision removes the Tract Band creates a Tract C from the
unsubdivided remainder.
The lots resulting from this plat meet the lot size for the rural residential zone.
When the City reviewed the second revision, a stipulation was placed on the
plat that any further subdivision of Tract A-1 or Tract A-2 may result in an
installation agreement to construct Devray Street to City standards. In addition,
it was noted that no road maintenance would be provided along this section of
Devray Street until the road met City standards. This requirement would remain
with this current version of the subdivision. In addition, a note should be placed
on the plat stipulating these same requirements for Shell Drive.
03-39 Comment.doc
Page 2
City Engineer:
Nate three on the plat should be corrected to state, "Further resubdivision of
Tracts A-1, A-2 or Tract C will require a City of Kenai installation agreement.
The City will not accept maintenance of Devray Street or Shell Drive until the
roads are constructed to City standards."
Building Official:
No building code issues.
RECOMMENDATIONS
Recommend approval. The City is not requiring an installation agreement for
development of Devray Street or Shell Drive to City standards prior to finalizing
the plat. However, an installation agreement may be required to further develop
access.
ATTACHMENTS:
1. Resolution No. PZp3-39
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ03-39
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION
PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Strawberry Fields Forever Addition #1 was
referred to the City of Kenai Planning and Zoning Commission on Au, usq_ t 21,
2003, and received from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR -Rural Residential and therefore subject to said zone
conditions.
2. Water and sewer: Not Available
3. Plat does not subdivide property within a public improvement district subject
to special assessments. There is not a delinquency amount owed to the City
of Kenai for the referenced property.
4. Installation agreement or construction of improvements MAY BE required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shai# be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCfES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE STRAWBERRY FIELDS
FOREVER ADDITION #1 SUBJECT TO ANY NEGATIVE FINDINGS AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, September 10, 2003.
CHAIRPERSO z~' -s
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1 UGC..,
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
SEPTEMBER 3, 2003
7:00 P.M.
KENAI CITY COUNCII. CHAMBERS
http: l / w~~yw.ci.kenai.ak.us
ITEM A: CALL TO ORDER
I. 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 an the agenda as part of the General Orders.
ITEM B: SC DOLED PUBLIC COMMENTS (10 minutes)
ITEM C: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS
ITEM D: PUBLIC HEARINGS
t • 1. Ordiaaace No. 2009-2003 (Third Public Hearing} -- Approving and
`~~ mac' lam- Adopting the Comprehensive Plan for the City of Kenai and
~`'~ Recommending Adoption by the Kenai Peninsula Borough.
~~~~/ 2. Ordiaaace No. 2012-2003 -- Amending KMC 7.15.050 to Better
Describe and Clarify the Meaning of "Contractual Services of a
Professional Nature."
~~~, 3. Ordinance No. 2013-2003 -- Increasing Estimated Revenues and
Appropriations by ~ 1,OS6,207 for Airport Grants.
~~~ ~. ~4. Resolution No. 2003-44 -- Supporting Water Quality Monitoring of the
Kenai River Watershed.
ITEM E: COMMISSION1COMMiTTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8~ Recreation Commission
C . Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention Sv Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Garnes
ITEM F: MINUTES
1. *Regular Meeting of August 20, 2003.
ITEM G: CORRESPONDENCE
ITEM H: OLD BUSINESS
I
T
EM I: NEW BUSINESS
ff
~~ ~~
~
f~~ 1. Bills to be Paid, Bills to be Ratified
2. Purchase Qrders Exceeding X2,500
3. *Ordiaaace No. 2014-2003 -- Decreasing Estimated Revenues and
Appropriations by a Net of <$9,155> in Two Senior Citizen Funds.
4. *Ordiaance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine
the Allowed Hunting Areas Within the City and Replace the Maps of
Those Areas With an Updated One.
5. Approval -- Petition to Vacate 20-Feet of the 50-Foot Right-of--Way
Easement Along the Easterly Boundary of Government Lot 133 as
Recorded in Book 30, Page 251 of the Kenai Recording District, All
Within Section 34, Township 6 North, Range 11 West, Seward Meridian,
Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No.
~~ 2003-163 -- John M. 8~ Cynthia K. Shankel, Petitioners.
X71 ~ 6. Discussion -- Schedule a Board of Adjustment Hearing for Appeal of
~/~ Planning & Zoning Commission Denial of PZ03-33, An application to
amend PZ02-43 to modify the Conditional Use Permit for grooming to
remove the fencing as required by the Board of Adjustment. Application
for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4+~
Avenue), Kenai, Alaska. Nancy Henricksen d/b/a Groomingdales, 1802
4~ Avenue, Kenai, Alaska, Appellant.
7. Dlscussioa -- Special Assessment Petition/Set Net Drive From VIP Drive
East to Watergate Way.
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
City Manager
l •
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five rninutes~
2. Council
EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk
ITEM M• ADJOURNMENT
/Oh
MEMBERS
Brent Johnson
KasiloflClam Gulch
Term Expires 2006
Blair Martin
Kalifomsky Beach
Term Expires 2006
Rsy Tauriainen
Northwest Borough
Term Expires 2005
Mari Anne Grass
Southwest Borough
Term Expires 2005
ALTERNATES:
Bill Hutchinson
Ridgeway
Term Expires 2004
Todd Petersen
East Peninsula
Term Expires 2D04
A.
B.
t..
D.
KENAI PENINSULA BOROUGH PLAT COMMITTEE
COOPER LANDING COMMUNITY HALL
18511 BEAN CREEK ROAD
COOPER LANDING, ALASKA 99572
5:30 p.m. September 8, 2003
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENl"3A, EXCUSED ABSENCES, AND MIiv'UTES
1. Agenda
2. Member/Alternate Excused Absences
a. Blair Martin
3. Minutes
a. August 25, 2003
SUBDIVISION PLAT PUBLIC HEARINGS
1. Seekins Replat
KPB 2003-181
Mullikin/Seekins
Location: City of Homer
2. Soldotna Airport Lease Lot Subd. No. 04
KPB 2003-182
Integrity/City of Soldotna
Location: City of Soldotna
3. C & C Bear Subdivision
KPB 2003-189
Integrity/Bear
Location: South of Funny River Road
1
4. Cottonwood Point Subdivision
KPB 2003-183
Ability/Pres. Quality Serv./Pres. Axtel Ent.
Location: West of Sterling Hwy, Anchor Point area
Anchor Point APC
5. Golf Acres Stuckey-Cowan Addition
KPB 2003-176
Swan/Stuckey/Cowan
Location: City of Soldotna
6. Powers Subdivision Glonek Addition
Exception Clarification
KPB 2003-113
Segesser/Glonek
Location: off Ciechanski Road
E. PUBLIC COMMENT
F. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held September 22,
2003 in the Assembly Chambers, Borough Administration Building, 144 North
Binkley Street, Soldotna at 5:30 p.m.
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~a,borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
KENAI PENINSULA BOROUGH PLANNING COMMISSION
COOPER LANDING COMMUNITY HALL
18511 BEAN CREEK ROAD
COOPER LANDING, ALASKA. 99572
September 8, 2003 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
Philip Bryson
Chairman
Kenai City $, ROLL CALL
Term Expires 2004
Tom Clark
Vice Chai C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
rman
Anchor
AGENDA
PoindNinilchik
Term Expires 2004
All items on the consent agenda are considered routine and noncontroversial by the Planning
Dick Traeger Commission and will be approved by one motion. There will be no separate discussion of these items
Parliamentarian unless a Planning Commissioner ar someone from the public so requests, in which case the item will be
5oldoma City
Term Expires 2005 removed from the consent agenda and considered in its normal sequence on the regular agenda.
Dr, Rick Foster If you wish to continent on a consent agenda item or a regular agenda item other than a public hearing
PC Member ,
please advise the recording secretary before the meetin be ms and she wit] inform the Chairman of
$ g~ ,
tlomerCity your wish to comment.
Term Expires 2004
Mari Anne Gross 1 • Time Extension Requests
PC Member
Southwest Borough
Term Expires 2005 a. Kenai S ur Hi hwa Mile 2.8 To 10.6
1~ g }~
Right of Way Map Project No. F-022-1 {6} 59039
PC Member KPB File 1992-111; State of Alaska/DOTPF
Seward City
Term Expires 2005 b. Foxhills Estates Subdivision
William Hutchinson KPB File 2000-070; McLane/Swanson
PC Member
Ridgeway Location: East of the Kasilof River on Kalifornsky Beach Rd.
Tenn Expires 2004
James Isham c• Baycrest Trails Subdivision
Pc Member KPB File 1999-120; Seabri
ht/FowIer
Sterling
Term Expires 2006 g
Location: North of Diamond Creek, Homer area
Brent Johnson
PC Member 2, Plats Granted Administrative Approval
Kasilot7Clam Gulch
Term Expires 2006 3, Plats Granted Final Approval Per 20.04.070
Blair Martin
PC Member
Kalifomsky Beach 4, plat Amendment Re uest
q
Term Expires 2006
lvfark Massion a• North Kenai Baptist Church Subdivision {ABBR 20.04.070)
PC Member Integrity StIrveyS
City ofSeldovia
Term Expires 200b KPB File 2003-054
Recording No. KN 2003-24
Todd Petersen
PC Member
East Peninsula
Term Expires 2004
Ray Tauriainen
PC Member
[+iortitwest Borough
Term Expires 2005
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews -None
b. Conclusive Consistency Determinations Received from DGC -
None
Administrative Determinations
d. Current Reviews
6. Commissioner Excused Absences
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
a. Blair Martin
7. Minutes
a. August 25, 2003 Plat Committee Minutes
b. August 25, 2003 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 to the Planning Commission
a. Dr. Rick Foster, City of Homer
E, UNFINISHED BUSINESS -None
F. PUBLIC HEARINGS
A land-use permit application to operate a gravel site in the Anchor
Point area; Location: T04S R15W 502 N1/2 OF GOV LOT 3 & N1/2
of SE1/4 NE114, Seward Meridian, KPB 165-011-27; Applicant:
Quality Services Inc.; KPBPC Resolution 2003-34
2. Resolution 2003-099: Authorizing the Lease of 800 Square Feet of
Space in the Funny River Fire Department and Disaster Relief
Building Located on Lot 5 Salmon Bend Subdivision, Funny River
Volunteer Fire Department Addition, According to Plat No. 2002-24,
Kenai Recording District, Within Section 17, Township 5 North,
Range 8 West, Seward Meridian Alaska, for Storing a Central
Emergency Services Area Medic Unit and Associated Equipment
G. VACATIONS NOT REQUIItING A PUBLIC HEARING
1. Utility easement proposed for vacation is only that portion to
accommodate existing structure. The entire easement is not proposed
to be vacated south of Lot 5 Block 2, Meridian Park Subdivision (Plat
SW 85-2), within Section 12, Township 1 North, Range 1 West,
Seward Meridian, Alaska; and within the Kenai Peninsula Borough;
Rowe; KPB 2003-185; KPBPC Resolution 2003-31
H. SPECIAL CONSIDERATIONS
1. Hemlock Street Right of Way Acquisition; KPB 2003-187;
Cline/Griswold; Location: City of Seward
2. Building Setback Exceptions
a. Lot 1-B Hendricks Subdivision Resub Lot i; KPB 2003-184;
Petitioner: Kenneth R Slye; KPBPC Resolution 2003-30;
Location: West of Sterling Hwy in Clam Gulch area
b. Lot 33 & 34 Mackey Lakes Subdivision Addn #1, Pt 2; KPB
2003-190; Petitioner Ted J Gray; KPBPC Resolution 2003-32;
Location: East of Mackey Lake Road in Soldotna
3. Removal of plat note restriction far Lot 2 Kachemak Vista
Subdivision; KPBPC 2003-195; Petitioner: Andrew E. Sill of Homer,
Alaska; KPBPC Resolution 2003-33; Location: Skyline Drive, Ohlson
Mountain area
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review five plats and one
exception clarification.
J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18} -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
State of Alaska Request for Comments; Draft State Transportation
Improvement Program (STIP}
2. Proposed Vacation of a Portion of a 20' Alley, Glacier View Subdivision,
Homer City Council
3. Anchor Point Advisory Planning Commission September 3, 2003 Agenda
WORK SESSION
An informal work session will be held with HDR Consulting regarding the
Transportation Plan Update. The work session is scheduled to begin at 6:30 p.m.
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held
September 22, 2003 in the Assembly Chambers, Borough Administration Building,
144 North Binkley Street, Soldotna at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisor Commission Meetin Date Time
Anchor Point Senior Center S tember 3 7:00 .m.
Coo er Landing Communit Hall Se tember 10 7:30 .m.
Kachemak Bay Advisory Planning Commission will not meet during the summer.
NOTE: Advisory planning commission meetings are subject to change. Please verify
the meeting date, location, and time with the advisory planning commission
chairperson. Chairperson contact information is on each advisory planning
commission website, which is linked to the Planning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: tall free within the Borough 1-500-478-4441, extension 260
Fax: 907-262-8618
..
e-mail address: planning~7a,borou~h.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
CITY 4F KENO ~ r~
r~~~~~~~
.,~ 21D FIOALGO AVE., SUITE 200 KENAI, ALASKA 99611-7r94
' TEL~PFfONJ~ 907.283-7535
FAX 9DT-283.3014
~~tt
IIl~~1
1992
MEMQRAND UM
TO: Commission and Committee Members
FROM:('~~ Cary R. Graves, City Attorney
DATE: August 27, 2003
RE: Commission and Camrrtittee Powers
The Council asked me to write a memorandum regarding the powers of the various city
commissions and committees (hereinafter "commissions"). KMC 1.90 outlines the standard
procedures for them. The general procedures apply unless there are specife code sections
regarding the commission or committee that specify otherwise. KMC I.90.020{a) states that
commissions and committees "shall act in an advisory capacity to department heads within the
City Administration." {Emphasis added.} KMC 1.90.050 states, "A!l acts of hoards,
commissions and committees are subject to the paramount authority of the City Council."
The impetus behind this memorandum was a move by a Commission Chair to independently go
out far and craft a request for proposals for management of a city facility. In that ease, it
appeared the Commission Chair intended For the commission to bypass t]~e City Council and
Manager and do its own process for the selection of management of the facility. Such a process
clearly exceeded the scope of the intended powers of a commission.
Of the various commissions, the one with primary independent authority is the Planning and
Zoning Commission. That commission has independent authority under AS 29.40 and KMC
14.05.010 for the determination of various zoning issues such as granting of variances or
conditional use permits. These decisions, I~owever, are still subject to appeal to the City Counci]
acting as the Board of Adjustment and then the Superior Court. In other areas, that commission
acts only in an advisory capacity to the city and borough.
The other commissions act almost exclusively as advisory bodies. They, subject to council
approval, adopt master plans for the physical development of facilities and some of them (e.g.
Library, and Parks and Recreation} also make advisory recommendations as to hiring of a
department head. The duties of the various commissions are in the code as fo[]ows: 1) Planning
and Zoning-KMC 14.05.010; ?) Harbor--KMC 11.10.010; 3) Library-KMC 1.57.010; 4)
Commission and Committee Members
Ausust 27, 2003
Page 2 of 2
Parks and Recreation-KMC 19.05.010; S) Airport-KMC 21.25.010; 6} Beautification-KMC
1.90.020 and 7) Council on Aging-KMC 1.90.020 and Article VI of its Bylaws.
Copies of the various code sections are attached for your review. Please feel free to let me know
if you have any questions.
CRG/sp
Attachments
cc: Linda L. Snow, City Manager
1.ga.o ~ o
Chapter 1.90
ST.4'lDARD PROCEDURES FOR BOARDS,
COMMISSIONS ArD COMMITTEES
Sections:
1.90.010 Creation.
1.90.020 Duties.
1.40.030 Qualifications.
1.90.040 Terms.
1.90.050 Proceedings.
1.90.OG0 Specific requirements of boards,
commissions and committees.
1.90.OI0 Creation.
All boards, commissions and committees created
by the Council of the City of Kenai, shall consist of
seven (7) members who shall be nominated by the
Mayor and confirmed by the City Counci! From ap-
plications submitted to the City Clerk. A chairman
and vice-chairman shall be selected annually and
shall be elected from and by the appointed members.
The Mayor and one Council Member elected by the
Council as ex-officio members and as consultants of
any board, commission or committee, may attend all
meetings, but shall have no voting power on the
board, commission or committee. A member of
Council or City administrative staff shall attend all
meetings of boards, commissions and committees
and supply staffsuppart.
1.90.020 Duties.
(a} Memhers of boards, commissions and commit-
tees shall be required to establish policies relat-
ing to their respective organization. Titey sha[I
act in an advisory capacih~ to departmenE heads
within the Ciry Administration if there are such
departments in the City organization that di-
rectly relate to the board. commission or com-
mittee.
(b) !f the board, commission or committee has in-
come stated within the City of Kenai annual
budget, said board, commission or committee
shalt work with the City Manager to establish
zkpenses projected far the vear for appro~~a1 `.~y
the City Council.
1.90.030 Qualifications.
(a) A member ofa board. commission orcommittee
must be a resident of the City of Kenai, unless
the board, commission or committee is specifi-
ca!!y exempted by Council from this require-
ment. The member cannot be an officer or em-
ployee of the City of Kenai. if any member
should move his residence from the corporate
limits ofthe City of Kenai (ifapplicable}, is an
officer or employee of the City of Kenai, or shall
be elected or appointed as an officer or em-
pfayee of the City of Kenai, the service of such
member shall ter~rtinate immediately. Heshould
be aware that he will serve without salary, but
will be reimbursed for all reasonable expenses
incurred in connection with this service, only af-
ter approval by Council.
(b} The Beautifcation Committee, and Harbor, Li-
brary, and Parks and Recreation Commissions
may at the discretion of the Council have up to
two non-resident members each. {Ord. 1948-
2002)
1.90.040 Terms.
(a} A member afa board, commission orcommittee
shall serve far a term of three (3) years, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. At renewal date, the Mayor, with consent
of the Council, can reappoint the member or
recommend a replacement.
(b) The terms of the initial board, commission ar
committee member shall be staggered so that
three {3) members will be appointed for one
year; two members wil! be appointed far two
years; and two members wil! be appointed for
three years. Terms shall commence on January i
of each year.
1.40.OS0 Proceedings.
(a) Ait boards, commissions and committees will
have regularly scheduled meetings ~~hich shall
~~
I.90.i~50 ~
be open to the public. t~xceptions to the meeting
requirements sl~all be established b~ Council.
Permanent records or minutes shall be kept of alI
proceedings and such minutes shall record the
vote of each member upon every question.
Every decision or finding shall immediately be
filed in the office of the City Clerk and shall be
a public record open to inspection by any per-
son. All acts of boards, commissions and com-
mitteesare subject to the paramount autltorin~ of
the City Council.
(b) 1f the commission, committee or hoard member
shall be absent from more than one-half of all
the meetings of his/her committee, commission
or board, regular and special, l~eld within any
period ofthree (3) consecutive calendar months.
he/she shall thereupon cease to hold the seat.
{Ord. 16 I 0-9Q)
(c) !tt all matters of parliamentary procedure,
Robert's Rules of Order as revised shall be ap-
plicable and govern all meetings, unless as
specified in KMC 1.15A60 motions; KMC
1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members
of boards, commissions and committees receive
a copy of the Standard Procedures of Boards.
Commissions and Committees lies with the City
Clerk. -
1.90.050 Specific requirements of boards,
commissions and committees.
Requirements of boards, commissions and com-
mittees as set forth in KMC 1.90 are general re-
quirements and shall be followed to the extent that
they da not conflict with specific requirements found
in code sections specifically pertaining to individual
boards. commissions and committees. {Ords. ]223.
1239)
~ 3 (Kenai 9-7-02)
14.05.0 i 0
Chapter I4.05
PLANNING AND ZOMNG COMMISSION
Sections:
14.05.010 Duties and powers.
i4.0S.020 Fees.
14.05.014 Duties and powers.
(a) The Commission shalt be required to perform
the following duties:
(1) Review and act upon requests for vari-
ance permits, conditional use permits,
Planned unit residential development
permits, and other matters requiring con-
sideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai
Zoning code and make determinatiors
when requested by the Administrative
Official.
(3) Review the City of Kenai Comprehensive
Plan on an annual basis and conduct a
minimum of one public hearing. Said
recommendations shall be forwarded to
the Council for consideration.
(4) Promote public interest and understanding
of comprehensive planning, platting,
zoning, Iand management, and other
issues relating to community planning
and development
{5} Proposed plans for the rehabilitation or
redevelopment of any area or district
within the City.
{6) Perform historic preservation reviews and
duties a5 set froth in KMC 14.20.105.
(b} The Commission shall act in an advisory ca-
pacity to the Kenai City Council regarding the
following matters;
(I) Kenai Zoning Cade and Official City of
Kenai Zoning Map amendments.
(2) City and airport land lease or sale peti-
tions.
(3) Capita.! Improvements Programming. The
Commission shall submit annually to the
Council a list of recommended capital
improvements which, in the opinion of
the Commission, are necessary and desir-
able to be constructed during the forth-
coming three-year period. Such Iist shalt
be arranged in order of preference, with
recommendations as to which projects
shad be construcred in which year,
(c} The Commission shall act in an advisory ca-
pacity to the Kenai Peninsula Borough Plan-
ning Commission regarding the following mat-
ters:
(1) Subdivision Plat proposals.
(2) Right-of--way and easement vacation
petitions.
(3} City of Kenai Comprehensive Plan
arncndments.
(KMC 14-3; Onds. 155, 403, 101 S, 116 i, 1179,
1892-2000)
14.05.020 Fees.
In order to defray the expenses connected with
the consideration of applications for variances and
conditional use permits, the person presenting the
application shall pay to the City Clerk a fee in the
amount of one hundred dollars ($100.00}. A fee in
the amount of one hundred dollars ($100.00) shall
accompany an application far amendment to the
Kenai Zoning Code or Official Map. Whether an
application is granted or denied by the Commission,
the petitioner or applicant shall not be entitled to the
return of the fee paid. (KMC 14-1 I; Ords. 403, 954,
1161, 1179)
233
(Kenai 47.01)
11.lo.Olo
Chapter I1.14
HARBOR COMMISSION
Sections:
I1.10A>i0 Duties and powers.
11.10.010 Duties and powers.
(a) The Commission shall be required to do the
following:
{1) Develop, adopt, alter, or revise, subject to
approval by the City Council, a master
plan for the physical development of
harbor or port facilities for the City. Such
master plan with accompanying maps,
plats, charts, descriptive, and explanatory
matter, shall show the Commission's
recommendations for the development of
the City Harbor facilities may include,
among other things:
(i} development of the type, location,
and sequence of all public harbor
facilities;
(ii) the relocation, removal, extension, or
change of use of existing harbor
facilities;
(2} Submit annually to the City Manager and
Council, not Iess than ninety (90) days
prior to the beginning of the budget year,
a list of the recommended capital im-
provements which, in the opinion of the
Commission, are necessary or desirable to
be constructed during the forthcoming
three (3) year period. Such list shall be
arranged in order of preference, with rec-
ommendations as to which projects shall
be constructed in which year.
(3) Make investigations regarding any matter
related to City harbor facilities, tide or
submerged lands. Make recommendations
to the Council relative to the care, con-
trol, and development of tide and sub-
merged lands.
{4) Act in the capacity as directed and autho-
rized by a tidelands ordinance adopted by
the Ci[y.
{5) Review alI City leases of City-owned
tide, submerged, and lands or navigable
waters within the City, and as to the
planned improvements proposed and
make recommendations to the City Coun-
cil.
(b) Make and prepare reports and plans for
approval by the Ciry Council.
(7} Coordinate public efforts, individual and
group, to the effectuation of approved
plans.
(8) Shall act in advisory capacity in the se-
Iection of a Harbor Director should such
a position be created by the City Council.
(Ords. 474, 1I61, 1802-98)
I65 (Kewi 5-21-99)
1.57.010
Chapter I5T
LIBRARY COM111ISSION
Beckons:
1.57.010 Duties and powers.
157.020 Library regulations.
157.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revisc subject to ap-
proval by the City Council, a master plan for
the physical development of library facilities
for the City;
(b) Submit annually to the City Manager and'
Council a list of recorrmtended capital and
other improvements in regards to the library;
(c) Make recommendations regarding any matter
related to library service;
(d} Serve as the liaison between the public and the
City Council in regards to library service;
(e) Work closely with the Kenai Community Li-
brary Board for the betterment of the Kenai
Canvmunity Library;
(f) Shall act in an advisory capacity in the selec-
tion of the City Librarian.
(Ords. 852, 1I61, 1802-98)
1.57.020 Library regulations.
The Library Regulations shall be as listed under
the regulations section in the Kenai Cade, Supple-
ment #18, adopted on September 20, 1982, and all
future updates. (Ords. 852, 1 i 61, 1802-98}
71 tom.; s-x~.~~
19.45.41 G
Chapter 19.05
PARKS AND RECREATION COMMISSION
Sections:
19.OS.OIO Creation.
19.05.010 Duties and powers.
19.05.030 Terms and appointments to
vacancies.
19.05.040 Qualifications of Commission
members.
19AS.050 Proceedings of Commission.
19.05.010 Creation,
(Ord. 416, repealed 1161 }
(c} Make investigations regarding any matter relat-
ed to City recreation.
(d) Make an~ prepare reports and plans for approv-
al by the City Council.
(e) Shall act in advisory capacity in the selection
of a Director of Parks and Recreation.
(Ords. 416, 1161)
19.05.030 Terms and appointments to
vacancies.
(Ords. 416, 430, repealed i 161)
19.05.040 QuaIit3cations of Commission
members.
(Ords. 416, 619, repealed 1161)
19.05.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revise subject to ap-
proval by the City Council, a master plan for
the physical development of recreation facilities
for the City. Such master plan with accompany-
ingmaps, plats, charts, descriptive, and explan-
atory matter, shall show the Conunission's
recommendations for the development of the
City's recreation facility may include, among
other things:
{1} Development of the type, location, and
sequence of all public recreation facilities;
and
(2) The relocation, removal, extension, or
change of use of existing recreation facili-
ties.
(b) Submit annually to the City Manager and
Council, not less than ninety (90} days prior to
the beginning of the budget year, a list of rec-
onunended capital improvements, which in the
opinion of the Commission, are necessary or
desirable to be constructed during the forth-
coming three (3) year period. Such list shall be
arranged in order of preference, with recom-
mendations as to which projects shall be con-
structed in which year.
19.05.050 Proceedings of Commission.
{Ord. 416, repealed 1161)
353
~I.~5.OI0
Chapter 21.:5
(f) One non-voting member, representing a,~ hn-
member of the Kenai City Council.
(Ord. I531-93)
AIRPORT COMMISSION
Sections:
21.25.010 Duties and powers.
21.25.020 Qualifications.
21.25.030 Membership.
21.25.010 Duties and powers.
The Commission shall:
(a) Develop, adopt, alter or revise, subject to ap-
praval by the City Council, a master plan for
the airport development. This may include:
(1) Development of type, location and se-
quence of all airport terminal facilities;
{2} Development and use of all airport aero-
nautical sands.
(b) Observe, oversee and guide in an advisory
capacity, any matters relating to use of airport
runways, airport terminal, and airport aeronauti-
cal lands.
{c) Act in an advisory capacity to the Council and
the Airport Manager.
21.25.020 Qualifications.
Members of the Airport Commission will con-
form to the requirements of the City of Kenai
Boards, Commissions, and Committees Standard
Procedures as established by KMC I.4Q except that
members of the Airport Commission need not be
residents of the City of Kenai. (Ord. I531-93)
22.25.030 Membership.
The Commission shall comprise of seven (7)
members who shalt he chaser so as to represent
broadly the following areas:
(a) One member, frxed base operator (FBO}
(h} One member, lessee of airport aeronautical
lands or terminal facility.
(c) One member, with expertise in Federal Avia-
tion Administration functions.
(d) One member, representing the Civi] Air Patrol.
(e) Three members, at-large, representing the basi-
ness and professional community.
3$I
8V.7 AIDR A11TT RiR Fes` AF PRO[`F~1ifRF FAR
MAV~R'R [`.[1iiNf`77 Oh A rwr
It7tNAT er.ea*re
Article VI
POWERS OF THE COUNCIL
The powers of the Council are advisory only and are derived from the federal, state,
and city local governments which provide the funds for operation and all powers and
activities shall be exercised in accordance with law. All action taken by this Council
shall be submitted to the City Administrator and shall be subject to approval by the
Kenai City Council.
~~/
~~
AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS
Kenai Townsite AC5 Replat
KPB FILE 2003-i 74 [IntegritylACS, Tyler]
Staff report as reviewed by Maria Sweppy.
Loco#ion:
Proposed Use:
Zoning:
Sewer/Wa#er:
Assessing Use
Su~portina information:
City of Kenai
Commercial
Central Commercial
City
Commercial
Plat Committee Meeting 812 512 0 0 3
This plat will reconfigure six lots into three lots. One lot line is coincident with a building wall The Kenai Planning
and Zoning Commission reviewed the plat on July 23, 2003. They recommended approval subject to the building
on Lat 3A meeting the building and fire codes prior to final plat, and verification that no encroachments exist. If the
building on Lot t4A is also coinciden# with a lot line, they recommended tha# building also conform to the codes
prior to final plat.
Normally, a subdivision is not regulated by the development on it. The development is subject to City enforcement
with the City having regulations in place to address the development issues. This plat proposes to utilize a building
wall as a lot line with the wall becoming a definition of the boundary within the subdivision. Staff recommends
submittal of documentation from the City prior to final plat to indicate their concerns have been resolved. Staff
recommends the surveyor show the location of structures on Lot 14-A.
An installs#ion agreement will not be required.
Staff recommends all lease holders sign leasehold certificates on the plat.
Per KPB Resolution 2000-025, the Certificate to Plat indicates a beneficial interest affects this property. They have
been notified and given 30 days from the date of the mailing of the notification to respond. They are given the
opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on
the final plat. if no response is received within 30 days, staff will assume #hey have no requirements regarding the
subdivision and it may be finalized.
Na exceptions have been requested.
STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations,
and the following conditions:
REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVlSiONS CONTAINED IN
KPB 20.12 AS FOLLOWS:
Correct or add to the legal descriptionllocationlarea. The plat appears to include Lot 5.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH
TITLE 20 INCLUDE;
2. Revise Ownership Certificate to include Deed of Trust affidavit for party affected by Deed of Trust.
3. Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
4. Conform to conditions of KPB Planning Commission Resolution 78-6.
5. Compliance with Ordinance 90-38(Substitute} -Ownership.
6. Compliance with Ordinance 93-59 -Payment of all #axes due prior to final approval. If final approval and
filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will
be on deposit with the Finance Department.
KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 25, 2003 MEETING PAGE 2
UNAPPRQI!~G !?:"l~~c~Trr+
NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT
COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN
NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR WITHIN 10 DAYS AFTI=R NOTIFICATION
OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR
PUBLICATION. (2.40.0$0 BOROUGH CODE OF ORDINANCES).
THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS
REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON
WHICH RECONSIDERATION IS BASED.
END OF STAFF REPORT
While reviewing the staff report, Ms. Sweppy noted that comments from the City of Kenai were in the desk packet
Chairman Johnson opened the meeting for public comment. Seeing and hearing no one wishing to comment,
Chairman Johnson closed the public hearing and opened discussion among the Committee.
MOTION: Commissioner Gross moved, seconded by Commissioner Tauriainen, to grant approval #o the
preliminary plat subject to staff recommendations and conditions.
Commissioner Hutchinson asked if staff had additional information regarding the City's letter about the building on
the lot line between 3-A and 14-A, the roof overhang, etc. Mr. Best replied no. He expected the surveyor would
design the lot line to conform to the building zoning code. Chairman Johnson recognized the surveyor, Cliff Baker.
Mr. Baker, Integrity Surveys, commented that in a commercial district a building could be on the property line. He
briefly described some International Code requirements for doors or windows. Usually a building permit to correct
problems cannot be issued until the Cade is met. However, the building cannot be modified to meet the Cade until
the building permit has been issued. In this case a building permit will be issued so the building can be modified to
meet the Code.
Chairman Johnson commented that this was the first time he could remember a building being a lot line. He
asked staff if #his situation occurred previously. Mr. Best replied it was not uncommon in cities. Buildings an lot
lines are monuments; there is no discrepancy about the location of such lot fines.
VOTE: The motion passed by unanimous consent.
GROSS HUTCHINSON JOHNSON TAURiAINEN FOUR YES
YES YES YES YES
KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 25, 2003 MEETING PAGE 3
„ ~~~ E'