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HomeMy WebLinkAbout2003-10-22 Planning & Zoning PacketCOMMISSION CHAIR REPORT October 22, 2003 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA gy; ~' ADD: ba ADD: 12d Kenaitze Indian Tribe Comments STAFF City Council Roster STAFF PRESENTATION TO THE CITY OF KENAI -COMPREHENSIVE PLAN: The Kenaitze Indian Tribe is a federally recognized Tribal Government organized under the Indian Reorganization Act (IRA) of 1936, as amended. The Tribe is governed by a written Constitution (ratified by the Secretary of the Interior June, 1971 and amended July, 1997), and an elected seven member Tribal Council. As mandated by our Mission Statement, we administer a variety of social, health and cultural programs that provide services not only to our Tribal Members but other Alaskan Natives and American Indians residing within our service delivery area. As of October 4, 2003 our Tribal Enrollment is 1,138. Programs the Tribe currently administers and services we provide are: (1) primary Health/Dental care through our Dena'ina Health/Dental Clinics; Drug/Alcohol/Mental Healtl>/Family Counseling & therapy through our Nakenu Family Center; Head Start Program {3-5 year olds); Elder's Services Program; Employment and Training; Higher Education Services; Energy Assistance (I.IHEAP); General Assistance (including emergency housing); Housing Services through the KenaitzelSalamatof TDHE; Clrild Care Assistance; Social Services/Indran Child Welfare Act (ICWA) (Including Tribal Court); Agriculture Program; Tribal Fishery, Environmental Protection Program; and our Yaglranen Programs (The Good Land -A Safe PIace) dedicated to the preservation and revitalization of the Kenaitze Dena'ina language, cu]ture and traditions {i.e., Native Youth Olympics, in-school cultural presentations, drumnungldaneing cultural camps, moose camp, fish camp, Interpretive Sites; archeological digs). Mast of our funding is generated through federal grants/contracts (BIA, Department of Health and Human Services, Department of Labor, EPA, Bureau of Justice; Non-Profit Organizations; etc,); state funding and third party revenues. Our funding levels range from 6,000,000 to over 8,500,000 annually. We have a current total of 86 fulUpart-time employees. (In the summer, this total increases to over 100 due to our summer youth programs), I believe these statistics places the Tribe in the top ZO% of Employers in the Kenai Peninsula Borough, Areas which the Tribe could participate/collaborate: 1. The most obvious would be the development of Millennium Square. The proposed area is the original site of the Dena'ina Athabascan Village of Shk'ituk't (spelling taken from the late Tribal Elder, Peer Kalifornsky's Book Dena'ina Leuacyl. To exclude Tribal input would be dishonorable. (i.e., The Tribe is aware that there was a cemetery located on this land which has already been desecrated due to "development" of the site}. The Tribe is not necessarily opposed to development but we do strongly advocate for respect, cultural awareness and integrity. A partnership could be solely based on historical documentation and/or possible monetary investments or a private enterprise. 2. Senior housing and related facilities: The KIT have Tribal Elder that utilize the Senior Services of both the City and the Tribe. The needs noted in the City's Comprehensive Plan echo some of the needs the KIT and/or KIT/Salamatof Housing TDHE is currently addressing: • Eider Housing • Assisted Living Center • Transportation If we cannot adequately address these needs as individual entities, perhaps we can address these needs by consolidating our efforts and perhaps resources to the benefit our senior community. 3. 1/stablish Private volunteer programs (i.e. "adapt-a-stream", etc.}: Our Tribal Environmental Protection Program Director would be more Bran willing to collaborate on projectslprogranis that promote pride and environmental awareness. KENAI CITY COUNCIL Meeting First and Third Wednesday at 7:00 p.m. Council Member Name and Address Home Business Email Address Term Phone Phone Ends Mayor Jahn J. Williams 283-4960 283-3104 (pj kenai. mayor[~hotmail.cam 2004 City of Kenai 2$3-3104 (f) P.O. Box 459 Kenai, AK 99611 Vice Mayor James C. Bookey, III 283-4227 283-4227 (pj jim,boakeycr,acsalaska.net 2004 City of Kenai 283-4013 (fj P.O. Box 326 Kenai, AK 99611 Council Member Joe Moore 283-4610 262-7478 (pj cpaioecr,altrogco.com 2004 City of Kenai 262-6107 (fj 1006 Inlet Woods Kenai, AK 99611 Council Member Rick Ross 283-$497 rossrcknn ,hotmail.com 2006 City of Kenai _ 1505 Kittiwake Court Kenai, AK 99611 Council Member Pat Porter 283-4348 justpat44 cr,hotmail.com 2006 City of Kenai 310 Rogers Road Kenai, AK 9961 I Council Member Blaine D. Gilman 252-2040 283-2600 (pj bdgi_Iman cr,ptialaska.net 2005 City of Kenai 283-2009 (fj 216 Susieanna Lane Kenai, AK 99611 Council Member Linc{a Swarner 283-4366 262-3111 ]swarne acsalaska.net 2005 City of Kenai 298 Rogers Road Kenai, AK 99611 Or mail to Kenai City Hall: 283-8231 (pj cfrea ci.kenai.ak.us cfo Carol L, la'reas, Kenai City Clerk 283-5068 (f] 210 Fidalgo Avenue Kenai AK 99611-7794 (10/ 15/2003) CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 22, 2043 - 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. *October 8, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-43 - An application for a Conditional Use Permit for the following uses; HotellMotel, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial Recreation, and Recreational Vehicle Park. The application is for the property known as Government Lot 9 in Section $ and Government Lots 11 and 12 in Section 17 excluding there from that portion as per easement 183 @ 450 (2 i 01 Bowpicker Lane}, Kenai, Alaska. Application submitted by Steve Agni and Jon Faulkner, 4786 Homer Spit Road, Homer, Alaska. 6, OLD BUSINESS: a. Comprehensive Plan --Discussion of Public Comments b. November 26 and December 24, 2003 Meeting Cancellation 7. NEW BUSINESS: a. Certified Local Government Guidelines -Discussion b. Lease Application, 20120 International, Inc. and Jahn C. & Marie L. Parker, Individually - Lots 5 & 6, Block 1, F.B.Q. Subdivision - Discussion/Recommendation c. Lease Application, Division of Forestry -Lot 4, F.B.O. Subdivision No. 7 - Discus sionlRecommendation 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning Agenda page 2 October 22, 2003 c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a, Zoning Bulletin -September 25, 2003 b. Board of Adjustment decision "In The Matter of The Appeal By Nancy Henricksen of the Modification of Her Conditional Use Permit" -Dated October 14, 2003 c. KPB Comprehensive Plan Update 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 8, 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. *September 24, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSH)ERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection - Discussion 7. NEW BUSINESS: a. Holiday Meetings (November 26 and December 24, 2003) -Discussion 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. Planning & Zoning Resolution Report {January thru September 2003) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSIOl' CITY COUNCIL CHAMBERS OCTOBER 8, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7:00 p.m. i-a. Roll Call The roll was confirmed as follows: Commissioners Present: Bryson, Barrett, Hammelman, Eldridge, Amen, Glick, and Goecke Others Present: City Clerk Freas, City Planner Kebschull, Council Member Osborne 1-b. Agenda Approval MOTION: Commissioner Eldridge MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Glick MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September 24, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: OLD BUSINESS fi-a. Discussion -- Kenai Peninsula Borough Chapter 21. I8 - Anadromous Streams Habitat Protection Kebschull explained, City Manager Snow requested the item be included on the agenda in order to address any questions the Commission may have or request research of information by administration. She also noted, administration's report was not yet available and until that information is available, the Commission was not being requested to make a recommendation. A general discussion followed. Commissioner Bryson suggested a draft ordinance delineating the process for review, etc. accompany the administrative report. He noted, a different situation could exist for each project depending on whether it is a private project or if it is a city project. He noted a concern if the council is directly or indirectly involved in the project and also acts as a board of appeals. Kebschull was asked to give a review of information discussed at the September 24 meeting relating to administrative concerns. Kebschull stated her understanding is, if the city takes over the responsibility of the ordinance, it would have to provide educational information to the individual proposing development within the 50 feet; review the development; determine whether a conditional use permit is required; provide information to the other permitting agencies; develop a working relationship with the borough relating to tax credits, etc.; and, the staff time costs. She noted approximately eight permits a year have been approved since the existence of the borough's ordinance and currently the permitting agencies meet and review the plans, make site visits, etc. before, during and after construction which involves a lot of staff time. Kris Schmidt -- Schmidt spoke against the proposal for the city to take over the responsibilities of the ordinance. She noted, she was presently involved in a large subdivision development project involving many hours of time from the permitting agencies, as well as hers and the developer's time. She noted, her client is very opposed to having to deal with another regulatory agency. Schmidt added, she felt the current review agencies have trained staff; it's aone-stop shopping process; all the meetings are at one location; she didn't see any reason far the city to take over the responsibility at this time; and, has not heard any reason why taking aver the responsibility would be of any advantage. She also noted her concern there would be two sets of standards developing over time relating to how the city and borough interpret the ordinances. Schmidt also stated she thought there would be a need for additional city staff to accommodate the review requirements. It was noted, Schmidt's current development project is for an area outside the city limits and at this time, it is not known how a city ordinance would affect development projects. PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 2 James C. Bookey, III, 1503 Second Avenue, Kenai -- Council Member Bookey stated he thought the debate on the ordinance and whether the city should consider administering the ordinance for properties within the city was premature. He explained, recently he learned the lower six miles of the river was included in the borough's ordinance which concerns him as he believes the city should be in control of its destiny. Because of these concerns, he requested council to allow review of the current ordinance and consideration of the city taking over the administration of the ordinance for property within the city. Bookey added, administration is to forward a memorandum relating to what it sees as advantages and disadvantages in regard to the city taking over the ordinance and after the Commission reviews all the information, including administration's report, then it would be appropriate to debate the issue and make a recommendation. ITEM 7: NEW BUSINESS 7-a. Discussion -- Holiday Meetings (November 26 and December 24, 2003) Kebschull reported the Commission's November 26 meeting will fall on Thanksgiving Eve and the December 24 meeting on Christmas Eve. She asked if the Commission would Iike to forward a request to cancel the meetings. Gaecke noted the consensus of the Commission was to request cancellation of the meetings. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Referring to the council meeting agenda of October 1, which was included in the packet, Council Member Osborne reviewed actions taken. Council Member Moore (in the audience) also reported the Arctic Winter Games Host Society would be reviewing a proposed three-year lease for their use of the upstairs of the Fire Training Center. It was also noted, the lease was for less than fair market value and had been reviewed and approved by the FAA. 10-b. Borough Planning -- No report. 10-e. Administration -- Kebschull reported the following: • A comparison of 2002 and 2003 resolutions was included in the packet. She noted the home occupation permits were higher in 2002 because of the initial PLANNING 8s ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 3 reports of home day cares in the city. The city is now automatically contacted by applicants prior to their receiving their state license. • The Commission will hold a public hearing at their next meeting for a conditional use permit for development of Ward's Cove Cannery. Their representatives have met with city administration to learn what permits, etc. will be necessary for their project. They will want to use their two permanent docks and one floating dock to allow people to access the planned restaurant and shops from the river. The current Carps permits are being checked and will have to be transferred to the new owners. Kebschull added, it is a very exciting project for the city and the developer hopes to have the business open in May. • Home Depot is supposed to have significant completion on their project by October 27. They are beginning to make it ready to bring in merchandise with an opening date the beginning of December. ITEM 1 I: PERSONS PRESENT NOT SCHEDULED Council Member Joe Moore, 1006 Inlet Woods, Kenai -- Moore stated he believed the Commission raised valid paints relating to the river ordinance and noted the issue was brought to council as an idea for review due to concerns when the ordinance was first proposed. He noted, the city had opposed the ordinance to include the lower five miles of the river for properties within the city limits. It was just brought to their attention the ordinance still includes the lower five miles. Council felt the city taking over the administration of the ordinance for properties within the city limits was worth exploring. Moore encouraged the Commission to review all the material prior to making a decision. He added, it is not council or administration's intention to add to bureaucratic red tape or hinder development, Moore also noted, the Arctic Winter Games Host Society's use of the upstairs of the Fire Training Facility will be considered an in-kind contribution from the city toward the Games. ITEM I2: INFORMATION ITEMS 12-a. Planning & Zoning Resolution Report (January thru September 20x3) ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Eldridge stated he understood the city is exploring the issue of administering the river protection ordinance because of the potential for borough decisions being made that may not be in the best interest of the city. Additionally, if appealed, the Assembly would act as the board of appeals. He added, if the city enforces the ordinance, the Commission and council, who have the city's interest at heart, would be who would PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 4 be reviewing, acting, and hearing appeals. Eldridge stated he believed a serious review of the possibilities was needed, ITEM 14: ADJOURNMENT The meeting adjourned at approximately 7:41 p.rn. Minutes transcribed and prepared by: Carol L. Freas, City Cierk PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 20Q3 PAGE 5 STAFF REPORT To: Planning & Zoning Commission Date: October 2, 2003 Res: PZ03-43 GENERAL INFORMATION Applicant: Jan Faulkner 399-3410 Steve Agni 47$6 Hamer Spit Road Homer, AK 99603 Requested Action: Conditional Use Permit - HotelslMotel, Restaurant, Bar, Food Vendors, Bakery, TheatrelCommercial Recreation, Recreational Vehicle Park Legal Description: Government Lat 9 in Section 8 and Government Lots 11 and 12 in Section 17 excluding therefrom that portion as per easement 183 @ 450 Street Address: 2101 Bowpicker Lane KPB Parcel No.: 04910104 & 04910103 (Tidelands] Existing Zoning: IH -Heavy Industrial Current Land Use: Industrial (Fish Canneryf Land Use Plan: River Oriented Industry ANALYSIS General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 03-43 Comment.doc Page 2 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to #ulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The applicants have included a detailed description of the proposed development plan for these properties, "the petitioners plans to revitalize this community with avisitor-friendly mix of retail and hotel-style uses, including overnight and weeklong lodging with a historic theme, small scale value added fishing processing, and a vibrant arts and entertainment scene." The applicants are applying for conditional use permits for the following uses: • HotelslMotels • Restaurant • Sales of Alcohol Beverages (bar} • Food Vendors • Bakery • Theatre • Commercial Recreation commercial presentations} • Recreational Vehicle Park As noted in the application, the redevelopment of the property will renovate existing structures while maintaining the historical integrity of the site. The initial services will be provided seasonally but the long-term plan is to extend the season to year-round services. The property is surrounded by properties zoned heavy industrial and the proposed redevelopment should not adversely affect these properties. The parcel is approximately 57 acres and the size of the parcel allows for development with minimal affect to the neighboring parcels. The existing development is centrally located along the river. The northern portion of the property, based on aerial photography, appears to be wetlands. There is approximately ten acres on the southern portion of the parcel that has not been developed. The City of Kenai's municipal code states the intent of the zone is, "to provide for a broad range of industrial and commercial uses." The City's Comprehensive Plan shows the land use as river oriented industry. The proposed development appears compatible with the code and the comprehensive plan. The property is accessed from Cannery Road. Cannery Road is a paved street that is maintained by the Borough. The applicant believes the traffic 03-43 Comment.doc Page 3 generated by the redevelopment will create less than the commercial traffic generated in the past by the cannerylfish processing facility. Because the property is accessed via a secondary road and not through neighborhoods, the impact on the residential areas should be minimal. The applicants recognize the building and fire codes that must be met for this type of development and intend to renovate existing structures to meet these codes. In addition, immediate improvements to the water and waste systems are planned. With these improvements, the facility will meet the health and safety needs of the development and the facilities will be adequate to meet the proposed uses. The applicant's conclusion on page 4 of their application provides a summary of the application: "The specific conditiona! uses requested by the Petitioners are consistent with the purpose of the existing zone and the historical use of the property. The proposed development and conditional uses do not pose any detrimental effects on neighboring properties, and in fact mitigate activities which might be deemed incompatible. The wide, non- developable acreage to the north and east of the property contribute to the unlikelihood of conflicts with other uses. Finally, the proposed development, and the conditional uses applied for will benefit the community by attracting new economic development and new visitor markets will create opportunities for artists and musicians that currently are underserved." Based on the application and the information provided, administration would agree with this conclusion. City Engineer: All comments are included in staff recommendations. Building Official- No additional comments. RECOMMENDATIONS Because this will be a commercial endeavor, the development must meet building and fire codes. The fire code requires fire inspections far this type of use so it is redundant to require inspections through the conditional use. 03-43 Conunent.doc Page 4 The project appears to meet the requirements for a conditional use permit. Recommend approval with the following requirements; 1. Comply with all state, local, and federal regulations. 2. Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water systems for the conditional uses. 3. Provide landscapelsite plans for review and approval when applications for building permits are submitted. 4. Provide landscapelsite plan for the recreational vehicle park for review and approval. 5. If the recreational vehicle sites are increased in the future, submit landscapelsite plan for approval. ATTACHMENTS: 1. Resolution No. PZ03-43 2. Application 3. Drawings & Photographs CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-43 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: .Ion Faulkner an_d_ Steve Agni ,,.,__.._ _, USE HotelslMotels Restaurant Bar Food Vendors Baker Theatre/Commercial Recreation and Recreational Vehicle Park LOCATED: Government Lot 9 in Section $ and Government Lots 11 and 12 in Section_ 1.7_excludinct therefrom that portion as per easement 1$3 C~ 450 _,21_01 Bowpicker Lane __ .,,,___. ,_~ {Street AddresslLegal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04910104 & 04910103 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 30,__2.003 ,., __ 2. This request is on land zoned: IH - Heavy_Industrial , , ,.._ 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 22, 2003. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED USES LISTED ABOVE MEET THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 22, 2003. CHAIRPERSO : ~ TEST: L.~ ~ .~ c~nr o~ K~ ~ECEIV~p J ~~~ - ~ ~ crrY o~ rcr:rvar ervwr~~~r .,.._ _ r, ~~ G~t~ o~,gl~G~f~ `' 2fo F1pARC.O AVE., 511!1'! 208 KEHAr, A1.ASKA986t1-7794 TELEPHONE SO7-288.7535 FAl( 907.~~~n~~ CONDITIONAL USE PERMIT . APPLICATION ~r~ . Date: 9 ,z~ - 03 .~~~ ~e ~ ~ .~~ Applicant's Name: ~~,,, ,~,g vJ/si~/e,~- Phone: 9 `I ~3 yIv Business Name: e ¢ e ~ ..- a r~/ai~ ~~d s ~ ~t l',~,g,,a~.•-r> Mailing Address: ~ ~~ ~, eM~ r /~,~.~/.~., . f : /~.~ .ire.-~ ,Q„K 9 ~ 60 Street Address: - ~ 1 ~~ ,~ ~ ~~ ~ ~ (Where permit will be operated from. f+~< ~ Legal Description of Property: ~~,.'~ .~fl~s ~/ ~ tz ~~ ~c_„L7 T fly/ 3> G ~ ~ t ~~ S~G. ' 8J Tg'/~I ~ /~~JW~ ScOddn~ 'CR•b•2~/ Kenai Peninsula Borough Parcel No.: D Y I U p ~ o ~ NdS~ City of Kenai Zoning; _ ~~ Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~*~~~~** ~d Wd~O:~T ~00Z 0~ •daS T~bOS~Z+z06 'ON ~NOHd 1~105~~1 QN~ SQNd~ WO~.~ Conditional Uxe Applicatxoa Wards Cove Facking Company Cannery Site The Petitianers Steve Agri and Jnnathan Faulkner ("Petitioners") are parties tv a certain purchase and sale agreement to purchase the Columbia Wards-Kerkai facilities("Facilities") presently owned by Wards Cove Paclcin~ Company ("Seller"). Petitioners wish to obtain the necessary permits to he e~'ective at the closing of the purchase and sale transaction, which is anticipated to occur on February I3, 20Q4 or sooner. lrt order to implement their business plan, the Petitioners seek approval of the requested conditional uses at this tune. The Petitioners, both Iartg time Alaskans, have experience and success with both the development and operation of lodging and retail properties, with particular emphasis on conversion of underutilized properties to a more productive use. Projects which the Petitioners own and/or operate include Land's End Resort, Land's End Lodges, Van Gilder Hotel (Sewardj, The Tesoro Sports Center and O'ma]ley indoor soccer azena (Anchorage). Existing Property: The existing facilities are a combination of uses associated wish lazge scale commercial fish processing: packaging, freezing, storage, trans-shipment; and the housing anal feeding of up to 240 employees. This use has existed on this site in varying forms of intensity since approximately 1914, but is now closed. The facilities consist of 57 acres of uplands and 6.38 acres of tidelands on the banks of the Kenai River, as well as 35 buildings and 3 docks on the Kenai River. 'Total useable square footage of enclosed space is approximately 218,500 sq.ft_ The size, functionality and historic value of the buildings range dramatically, from large scale, timber-framed ~uva~rehouses built in 1922 and irr excellent conditions, to more modem freespan warehouses built in ] 48$, The attached site plan references in more detail the age and relative function of each building, as well as their relationship to each other. One of the main features of these facilities is their unique place in Alaska history. The size and exceptional condition of the buildings, and their location on the road. system within a few hours drive of our major population center, makes Columbia Wards-Kenai .unique within all Alaska. Columbia Wards-Kenai is a part of a rich history of fisheries in Alaska that needs to be documented, archived and preservEd, but in a manner which is economic, visitor friendly, and which encourages reinvestment into the facilities. Many examples exist around the country of such conversions, (a local example is Kennicott Mine) and they ~e increasingly popular way for residents and visitors ali[ce to discover afid~ ¢nloy the history and traditions of a community. £d Wd66:0~ £00z 0£ 'd~S TZbOS£Z+Z95 'ON ~NOHd l~IOSS~! QN~ SQNd~ : W0~1.~ CvP Application Page 2 The Petitioners are sensitive to these traditions and plan to alter them as Iittle as possible in order to maintain their authenticity. intent of the Conditional Use Ordinao.ce The conditional use permit process exists to apply "flexibility in the c:onsideratiort of the impact of the proposed use on the surrounding property" and to consider appropriate conditions to insure compatibility with neighboring properties. It is the petitioners' intent to demonstrate that the proposed uses are inn keeping with the historical uses of the facilities, do not adversely effect neighboring properties, and optimize the cultural, recreational and economic opportunities for the surrounding community, Conditional l~Fses Requested Hotels/Motels Restaurant Sales of Alcoholic Beverages (bar) Food Vendors, fakery Theatre, Commercial Recreation (commercial. presentations). Recreational Vehicle Park Proposed Re-development. Drawing directly from th,e history of Columbia Wazds-Kenai and struch~res which have existed for almost 100 years, the petitioners plans to revitalize this community with a visitor-friendly naix of retail and hotel-style uses, iuncluding overnight and weeklong lodging with a historic theme, small scale value added fish processing, and a vibrant arts and entertainment scene. These uses will be housed witlvn existing structures, arxd the integrity of the historical context will be maintained in the tradition of Boston's ~'anniel Hall or Seattle's l'ike's Street market. irnitially these services will be seasonal, but over time it is deemed feasible to operate yeaz-round. The conditional uses are highly complimentary and are designed to draw a mix of residents and visitors in a cortunercially viable, pedestrian oriented, waterfront community centering around the historical theme. The size of the Columbia Wards-Kenai Property, and the absence of potential future development on all but the south side of this parcel, reduces the possibiliries of conflict with proposed conditional uses. Furthermore, the proposed uses will generate less than traditional volumes of noise, commercial traffic, smoke and dust, unsightly storage and debris, and other impacts considered detrimental to a residential area. Immediate improvements to the water and waste systerrrs, as well as to address modern health and safety codes, ensure a safer overall envirortment_ In general, the facilities will be amore heavily supervised, and it is likely security personnel will be maintained at peak periods of operation. bd WdT0:0T ~00Z 0~ 'daS S~b0~~2+Z06 'ON ~NOHd l~IOS~~i QN~ SQNd~ W021~ CUP Application Page 3 It is worth noting that most of the conditional uses requested are uses that now exist, and have existed for years, although not in a "retail" setting. The restaurant, for example, was a dining hall for the cannery's many employees; similarly, the lodging units hou.~ed fishermen and seasonal workers in darmitary style housing, while the RV park was used by employees or contractors of the business for short and long term stays. The Qetitioners do not propose to dramatically increase the see of these existing facilities (if at all} in the short term; therefore, the relative impact of the new "revitalized" uses of these facilities on neighboring property is doubtfixlly any greater than in the past. It is likely that several smaller food venders will exist in conjunction. with artists, charters and other retailers within a largex indoor marketplace, housed within the 1922 Warehouse. These smaller "itinerant venders" may fail within the permitted use of "retail business" but are listed in the application to make the Petitioners' intentions clear. Detailed Description of the Proposed Uses: The restaurant /eating hall is an existing facility at the south edge of the developed property. It seats approximately 150 to 200 people banquet style. l he kitchen, prep and wash areas are contained within this structure, and the refrigerator/freezer shed is detached but immediately adjacemt. The petitioner does not propose to alter this faciliiy much beyond cosmetic improvements and a revised seating plan. The petitioners will likely apply for a liquor license to be associated with the restaurant and entertainrrxent facilities. The RV park is a 10 unit leveled parking area with electric pedestals but no other services, located at the entrance to the parking lot. The petitioner may expand this use in the fixture, but in the short term will simply bring the 10 stalls into compliance with modern codes, The Lodging exists in four primary buildings, and five temporary "mobile home" style structures. The mobile home structures will be removed from service as retail lodging, and used for storage lockers or employee housing. The remaining "hotel" rooms will retain their exterior character and appearance, but will be renovated and brought up to modern codes inside. The Petitioner has recent experience with this through the Van Gilder Hotel, a nationally registered historic landmark in Sewazd. There are approximately SO to 70 guest rooms of varying size and amenities which the Petitioners proposES to renovate and make available for overnight lodging within the first two years. There is considerable interest from the Kenai-Soldotna arts community in facilities which house and sponsor local theatre or concert productions. The Petitioners wish to actively promote arts and live entertainrncnt and to make the facility available to these organizations whenever possible, roost ]i.kely within the 1822 cannery structurE. These uses are deerrred complimentary to the retail acrd lodging services which form the centerpiece of commercial activity. Sd WdZ0:0T £00Z 9£ 'daS tZb65£Z+~.~6 : 'ON ~NOHd l~lOSS~I QNS SQNd~ W0~1~ CUP Application Page 4 Concluseon The specific conditional uses requested by the Petitioners are consistent with the purpose of the existing zone and the historical use of this property. The proposed development and conditional uses do not pose any detrimental effects on neighboring properties, and in fact mitigate activities which might be deemed incompatible. The wide, non developable acreage to th.e north and east of the property contribute to the unlikelihood of conflicts with other uses. Finally, the proposed development, ~d the conditional uses applied far wi11 benefit the community by attracting new economic development anal new visitor markets and will create opportunities for artists and musicians that currently are undersexved. e~ ucl~~'~ r o .. ~- a j 9d WdZ9:Qti ~00Z 0~ 'daS iZbOS~Z+ZOb 'ON dNOHd ~~IOSd~I QNd SQNd~1 WO~Id I~ _ I ~I V ~ i r ~ ~i: ~~~ ~~~ ~ ` :: I ~ _ ~ I ~ ~ 1~~}i W YVF}t~ ~ 1 1 \ v ~r g t' 1 . 1 it ~~ Gj N~ ` 0 A ~ ~^ ... i6 ~~.'~~.~! r/ c ~ ~,++ ' '~ ~, :5 }~ ~ ` V :4 rr • .~ _ ,,, g _ r :` ~J \ '~ 1 - ~'`' i ~ ~ ~ 4+ 6MI]Hi~ W N 3 I }} ~~ 0 Ec~-lrrast.sti `r FLC f Pyp ~~~~~ 1 71 Y~f+ ~ ~ ~ mop pp z pov~ v~r. S~1a/a/ . ~b O ~` 7m ~O p91" ~ Z~us~p~1 ~i ~ Q ~,~_ ~. ~ 1 _ ~~'~ ~~? ~ ~ ~#y N !~ . 1 ~ ~ '7' N ~r r 11 11 ~ I~ ~~. •1 I ' i t ~ ' ~~ ' fOq ' 1 ~ 1 ~ ~ c - f. 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One meeting will be held in November and December. Notice of the cancellations will be published in the newspaper and on the City's web site. "I/c'~~a e wit~t a Past, Gi wit~t a ~r~ture' ~~~'~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-3014 ~I~~ - - - - - ~ 1992 the cfty a f KEHAI~ SKA • • TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administra DATE: October 13, 2003 SUBJECT: Certified Local Government Program Guidelines Attached is a letter from Judith Bittner, State Historic Preservation Officer and a copy of the Certified Local Government program guidelines and application. The City of Kenai is a certified local government and the Planning Commission reviews all development requests within the Historic District. The Commission is being asked to review the revised guidelines. I am sending you this request so you have sufficient time to review the material before your meeting on October 22"d. At that time, I will collect any comments and send them to Ms. Bittner. If you have questions about this request, contact me. Attachment -,-~n,- _ .. . ~v ~ i \ ~- vj 3 ~ ' ~~ ~~~ ~.~ ~_; t. ,} ~_ ~.~.. _. ~_, DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION OFFICE OF HISTORYAND ARCHAEOLOGY October 8, 2003 Re: 3350 Certified Local Governments Marilyn Kebschull, Planner City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 996 1 1-7794 Dear Marilyn: FRANK H. MURKOWSKI, GOVERNOR 550 W. 7TNAVEIVCIE SUITE 1310 AIVCHQRAGE, ALASKA 9950 r-35s5 r~xonrE~ {sa~j 2ss-8~2r FqX: {9a7) 269-8908 This past year members of the Office of History and Archaeology staff have reviewed, discussed, and revised the Certified Local Government program guidelines and application for certification. A copy is enclosed. I am asking you and your commission to review the package and send me any comments you have about it. The information has been reorganized, some wording has been made more precise, and references have been updated and web addresses provided. The section on CLG review of nominations to the National Register of Historic Places (pages 6-7} has been expanded. The monitoring and evaluation section {pages 10-i 1) has been streamlined. PIease understand that your community will nat be asked to submit additional materials or reapply for certification. I would like to have your comments by November I 5, 2003. The Alaska Historical Commission, the state review board, reviewed the package at their August meeting. They have asked to be advised of any comments from you at their December meeting. Please send your comments to me at the address above or contact Joan M. (Jo) Antonson at phone 907-269-8714 or email joa ~dnr.state.ak.us. On another topic, I am considering holding a meeting of Certified Local Government representatives next spring. What historic preservation topics would you like addressed at the meeting? Can you recommend speakers who might talk about heritage tourism, project review, IocaI registers, and design review guidelines? Sincerely, ~J4 ~"fi ~-~U7/ Judith E. Bittner State Historic Preservation Officer EnClosUre: Alaska Certified Local Government Historic Preservation Program: Slate Guidelines and Application for Cer[ifcalion cc: John Williams, Mayor, City of Kenai, 210 Fidalgo Ave., Suite 200, Kenai, AK 99611-7794 Ron Goecke, Planning & Zoning Commission, City of Kenai, 2 ] 0 Fidalgo Ave., Suite 200, Kenai, AK 99611-7791 ALASKA CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM State Guidelines and Application for Certification Office of History and Archaeology Division of Parks and Outdoor Recreation Alaska Department of Natural Resources 5S0 West 7t'' Avenue, Suite 1310 Anchorage, Alaska 99501-3565 (907) 269-8721 Email: oha@alaska.net Web address: http://www.dnr.state.ak.us/parksloha_weblindex.htm Tahle of Contents Introduction .....................................................................................................................................1 State Guidelines A. Purpose ............................................................................................................................ .... 2 B. Requirements for certification ............................................................................................ 2 C. Procedures for certification .............................................................................................. ... 4 D. The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation ................................................................................................ ...6 E. The National Register of Historic Places process ............................................................ .. 6 F. Grant funding through the Historic Preservation Fund .................................................... ... 8 G. Delegated Section 106 responsibilities .............................................................................. 10 H. Monitoring and evaluation ................................................................................................ IO I. Decertif catian ................................................................................................................... 11 J. Additional informatian ...................................................................................................... 12 K. Key to abbreviations .......................................................................................................... 13 L. Glossary ............................................................................................................................. 13 Application for Certification Application for certification ........................................................................................................... .1 Certification agreement .................................................................................................................. .1 Alaska Certrf ed Loca! Government Historic Preservation Program introduction Historic buildings in a neighborhood are the framework for the memories, values, and history of a community. Poorly planned construction such as parking lots, highways, or housing developments fragment a neighborhood, and its sense of community, its cohesiveness, and its past are destroyed. The residents, among them those who work and live in the historic homes and neighborhoods, see the effects of alterations to the buildings. They enjoy the economic and social benefrts that preservation and rehabilitation of historic properties brings. The National Historic Preservation Act established the Certified Local Government Program to provide financial and technical assistance for preservation of historic resources at the local level. To participate in the program, a local government needs to establish a historical preservation commission and a program meeting state and federal standards. Once the State Historic Preservation Officer (SHPO} and the National Park Service (NPS) determine these are in place, then the government can request to be certified and participate in the program as a Certified Local Government (CLG). Ten percent of annual Historic Preservation Fund (HPF} appropriations made to the states under the National Historic Preservation Act must be passed to CLGs through the SHPO office. In Alaska this is done through grants. Various kinds of projects can be funded. These include nomination of a historic property to the National Register of Historic Places, survey and inventory of historic and archaeological resources, preparation of preservation plans, staff support for a local historic preservation commission, historic structure reports, archaeological testing of sites to determine their significance, and development of public education preservation programs. Technical assistance, training in historic preservation goals and programs, and guidance on how to conduct specific projects are available through the SHPO office. Thirteen comrrsunities in Alaska, from Ketchikan to Barrow, had become CLGs by 2003. The first were certified in 1986. Between 1986 and 2001 Alaska CLGs conducted 88 projects and received $678,069 in federal historic preservation funds for their programs. Projects have included neighborhood surveys in Juneau and Dillingham; archaeological testing in the Matanuska-Susitna Borough; preservation planning in Fairbanks and the North Slope Borough; creation of inventories in Sitka, Unalaska, Kenai and Anchorage; National Register documentation in Ketchikan; and public education programs in Seward, Cordova and Juneau. This package has the state guidelines and application to become a CLG. Supplemental program information is available from the Alaska Office of History and Archaeology. In Alaska, the SHPO is in this office. Alaska Cerlifred Local Gavernme~it Historic Preservation Program Alaska Certified Locai Government Historic Preservation Program State Guidelines A. Purpose. The CLG program is to; ensure widespread participation of local governments in the national historic preservation program while maintaining standards consistent with the National Historic Preservation Act and The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (http://www.cr.nps.gov/local- law/arch~stnds_O.htm}; 2. enrich, develop, and help maintain local historic preservation programs in cooperation and coordination with the SHPO; and 3. provide financial and technical assistance for these purposes. B. Requirements for certification. Local governments are certified when the SHPO and the Secretary of the Interior, through the National Park Service, certify the local government meets five requirements set out in Federal Regulations (36 CFR 61). The requirements are: I. The local government must agree to enforce appropriate state and local legislation for designation and protection of historic properties. a. The local government will enforce the Alaska Historic Preservation Act whenever appropriate. b. The local government will adopt and enforce a local historic preservation ordinance. 2. The local government must establish an adequate and qualified historic preservation review commission by local legislation. a. The local government will enact an ordinance establishing the commission. Communities and boroughs with historical commissions may adapt an existing commission for the CLG program and expand their duties to include historic preservation responsibilities. The ordinance should direct the commission to meet a minimum of two times a year, and should define appointment of and terms for members. Alaska Cerlifred Local Government Historic Preservation Program b. The local government will compose its commission of the following members to the extent feasible: 1 architect or historical architect 1 archaeologist 1 historian and at Ieast four other people (for a minimum total of 7}. The membership should include Alaska Natives. 1} A local government maybe certified without the minimum number or types of disciplines if it can provide written documentation to the SHPO that it has made a reasonable effort to fill those positions. 2} If a professional discipline is not represented in the commission membership, the commission shall seek expertise in this area from consultants meeting the Secretary of the Interior's Professional Qualification Standards (defined in Appendix A, 36 CFR 61). 3} If the SHPO has delegated National Register program responsibilities to the CLG, the local commission must meet all applicable federal requirements. c. The Iacal government's historical preservation commission will: 1) develop a local historic preservation plan providing for identification, protection, and interpretation of the area's significant cultural resources. This plan is to be compatible with the Alaska historic preservation plan. 2) review and make recommendations about local projects that might affect properties identifed in the historic preservation plan. 3} review nominations to the National Register of Historic Places for properties within its jurisdiction. 3. The local government must maintain a system for the survey and inventory of historic properties. a. The local government will establish and maintain a basic working inventory of cultural resources in the local area, compatible with the Alaska Heritage Resources Survey (AHRS), and annually provide new data to the Office of History and Archaeology. b. CLG survey data shall be consistent with SHPO inventory requirements and The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. This requirement does not apply to survey data produced by local governments before the date of CLG certification. Alaska Cert f ed Local Government Historic Preservation Progrmn c. The local government will establish policies and procedures for access and use of the inventory that addresses sensitive site location information. 4. The local government must provide for adequate public participation in the local historic preservation program. a. The 1ocaI government will provide for open meetings. b. The local government will maintain minutes that are publicly available, publish and disseminate historic preservation commission procedures, as well as comply with local, state, and federal public participation regulations. The local government will invite public comment in its review of nominations to the National Register of Historic Places. d. The local government will provide far public participation in development and review of the iocaI historic preservation plan. S. The local government must satisfactorily perform the responsibilities delegated to it under the National Historic Preservation Act. The local government will provide an annual report of ail its historic preservation activities to the SHPO. b. The local government will provide a commission member list and members' qualifications to the SHPO as part of its annual report. c. The local government will provide a draft of the local historic preservation plan for SHPO review. d. The local government will provide annual updates of AHRS information to the Office of History and Archaeology. C. Procedures for certification. It is the local government, not the commission, that is certified. The jurisdiction of the CLG is that of the local government and must coincide with its geographic boundary. A local government, however, may perform required CLG activities through existing historic district commissions or other qualified agencies or organizations. Such arrangements must be detailed in written agreements in which the SHPO has concurred, that specify the responsibilities, authority, and accountability of each party. Each party must meet Alaska's CLG requirements pertinent to its CLG activity. Alaska Certified Local Government Historic Preservation Program An application for CLG certification is to be made by the chief elected or appointed official of the local government to the Alaska SHPO. The application must include: a. Documentation showing applicant meets the federal defnition of a local government and has the authority to enforce legislation for the designation and protection of historic properties. b. A statement that the local government will comply with aII appropriate federal and state historic preservation laws and regulations. c. The local historic preservation ordinance. d. A copy of the most recent version of the Iocal government's comprehensive plan. e. Resumes for the historic preservation commission: archaeologist, historian, architect or architectural historian, and the names and occupations of all other members with a statement of each member's expertise. If a professional position is not filled, the name and resume of the consultant who will be used must be provided. f. A list of properties in its cultural resources inventory. g. A copy of the local government's historic preservation plan, outline, or draft. h. An explanation of how the public will participate in the local historic preservation program. An explanation of how a qualified local commission will review National Register of Historic Places nominations. j. A narrative and flow chart explaining how Iocal projects that might affect historic properties will be reviewed by the commission, and position titles of those individuals involved in the review process. k. A copy of the certification agreement. 2. Review of the application for CLG certif cation will be done by the SHPO and NPS staff within 45 days of receipt. Additional documentation or clarification maybe requested from the applicant. A representative of the SHPO may conduct an on-site V151t to: Alaska Certified Local Government Historic Areservation Program a. determine that the systems documented in the application are in place, b. assist the local government in establishing an inventory compatible with the AHRS, and provide orientation and training to the local government staff and members of the local preservation commission. The SHPO will notify the local government in writing within 30 days whether or not the local government meets the state requirements for certification. 4. Tf the application meets the requirements, the SHPO will send the package to the NPS for concurrence. The NPS has 15 working days to review the package, If the NPS concurs with the SHPO recommendation for certification, the NPS will notify the SHPO in writing and send a copy of the letter to the CLG. A certification agreement signed by the CLG and the SHPO completes the certification process. The effective date of certification is the date the SHPO signs the certif cation agreement. The agreement remains in effect until the CLG requests decertification or the SHPO decertifies the CLG following the process outlined in section 1. b. A local government certification agreement can be changed when the SHPO and CLG agree. In such event a request is sent to the NPS for concurrence. The NPS will notify the SHPO in writing of its concurrence with any changes and send a copy of the letter to the CLG. NPS written concurrence must be received before changes will be in effect. D. The Secretary of the Interior's Sta~tdards and Guidelines far Archeology and Historic Preservation. CLGs and local governments interested in becoming CLGs are encouraged to adapt The Secretary of the Interior's Standards and Guidelines far Archeology and Historic Preservation relevant to their activities. Locally developed standards and guidelines are acceptable if they are consistent with these. Local guidelines not in accord with the Secretary's standards, or that specifically recommend or require action in conflict with the standards, are not acceptable. The SHPO will not allocate HPF funds to implement unacceptable guidelines. E. The National Register of Historic Places process. Before a nomination of a property within the jurisdiction of a CLG is submitted to the Keeper of the National Register by the state, the SHPO will notify the chief elected local official and the commission in accordance with 36 CFR 6D, 36 CFR 61, and state procedures. This notification will ask the CLG for local historic Alaska Certified .Local Government Historic Preservation Program preservation commission review of the documentation and a determination of eligibility for listing the property in the National Register. The CLG notification procedures do not apply when a nomination is processed by or through a CLG, which provides its recommendation to the SHPO with the documentation. 2. After providing a reasonable opportunity for public comment, including the solicitation of comments from all local tribal entities, the local preservation commission shall determine whether or not, in its opinion, the property meets the National Register criteria. Within 60 calendar days of notice from the SHPO, the CLG shall transmit in writing the determination of the commission to the SHPO. If the CLG does not provide its determination within 60 days, the SHPO can proceed with the nomination process. Far a property nominated for its architecture, the architect on the commission, or consultant, must agree the property is eligible for listing under that criterion. For a property nominated far its archaeological potential, the archaeologist on the commission, or consultant, must agree the property is eligible for listing under that criterion. 3. If either or both the commission and the chief elected local official recommend that the property is eligible far the National Register, the SHPO can proceed with the nomination process. If both the commission and the chief elected local official determine that the property is not eligible for the National Register, the SHPO may not proceed with the nomination of the property unless an appeal is filed in accordance with Section 101(c)(2} of the National Historic Preservation Act and 36 CFR 60. 4. Any determination made by the CLG ar recommendation from the chief elected local official will be included with the documentation submitted by the SHPO to the Keeper of the National Register. S. The SHPO may delegate to a CLG, through its CLG procedures and the Certification Agreement, any of the responsibilities of the SHPO pertaining to the National Register of Historic Places. Any delegated responsibilities will be performed in accordance with the requirements for the state. The SHPO may authorize the historic preservation commission of a CLG to act for the Alaska Historical Commission (AHC) far the purpose of considering National Register nominations within the CLG's jurisdiction, provided the commission meets the professional qualifications required for the AHC. .41as1Ea Certifted Local Government Historic Preservation Progrmn F. Grant funding through the Historic Preservation Fund. 1. The state will designate at Ieast 10% of its yearly HPF appropriation to the CLG program. The state will designate 50% of any excess of the state's HPF appropriation to the CLG program in any year in which the nationwide HPF appropriation exceeds $60 million (36 CFR 61.7a) a. Only CLGs are eligible to receive these grant funds. b. All CLGs are eligible to receive funds from the l4% of the HPF appropriations. The state is not required, however, to award funds to all CLGs eligible to receive funds. c. Other federal grants may not be used as matching share for any HPF grant funds to CLGs. d. All CLG activities assisted with HPF grant funds must meet The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. e. A CLG shall adhere to any requirements mandated by Congress regarding the use of HPF funds. 2. Examples of types ofprojects funded through grants to CLGs: • preparing documentation for the National Register of Historic Places • surveying and inventorying historic and archaeological resources • preparing preservation plans • supporting a local historic preservation commission • developing Local design guidelines • preparing historic structure reports • writing or amending preservation ordinances • testing archaeological sites to determine their significance • developing public education preservation programs • preparing exhibits and brochures about local historic resources and the activities of the historic preservation commission • holding special events to educate the public about Iocal history, resources, and historic preservation • developing local designation programs illaska Certified Local Government Historic Preservation Program 3. To be eligible for these grant funds, the CLG must continue to comply with the terms of its certification agreement. Applications for CLG grant funds will be reviewed by the SHPO for completeness and accuracy. The AHC will review the proposals and make recommendations on grant allocations to the SHPO. The SHPO will make the final awards. a. Funds will be awarded on a competitive basis to CLGs. Criteria for grant selection include: 1} request for activities eligible for HPF assistance, 2) availability of matching share (40% of total project costs), 3) clear, realistic and precise goals for the funds, attainable within the funding period, 4) meets priorities for funds established by the AHC and the SHPO, 5) demonstrates relation to state and local historic preservation plans. b. The AHC will consider projects for funding based on priorities it establishes annually. Criteria include the extent to which a project seeks to help properties that maybe adversely affected by development or natural dangers such as erosion; the extent to which the project has potential to find and document properties that qualify for the National Register of Historic Places; the extent to which the project is part of other historic preservation projects or programs; the extent to which the scope ofwork is consistent with available funding and time; and the extent to which the project will enhance the knowledge and understanding of the history or prehistory of a given area. 4. A CLG may use grant funds for activities involving historic or archaeological resources outside the jurisdiction of the CLG if the activity clearly demonstrates a direct benefit to identifying, evaluating, and protecting the historic and archaeological resources of the CLG, and if the CLG and any local or tribal government with jurisdiction agree. 5. Grants may be pooled by CLGs for specific purposes. For example, several CLGs can pool grant funds to share the services of a preservation professional. 6. CLG grants maybe administered by a third party if the CLG indicates in its application that it wants any award to it to be administered by a specific organization. Designation of a third-party to administer a subgrant is not a procurement action. Such a delegate agency maybe another unit of local government, a commercial firm, a nonprofit entity, or an educational institution as long as it has the administrative capability required by the NPS Historic Preservation Fund Grants Manual. The third party, however, cannot be the SHPO Alaska Certified Local Government Historic Preservation Program or any part of the Alaska Department of Natural Resources. 7. Funds will be transferred and monitored following HPF grant guidelines established by the Secretary of the Interior. Funds will also be administered and monitored by the state and by the CLG according to the applicable sections of OMB Circular A- 102, Attachment P, "Audit Requirements." Indirect costs maybe charged as part of a CLG grant only if the subgrantee meets the requirements of Chapter 12 of the NPS Historic Preservation Fund Grants Manual. G. Delegated Section IOb responsibilities. 1. The SHPO may delegate to a CLG, through its CLG procedures and the Certification Agreement, any of the responsibilities of the SHPO pertaining to the Section 106 responsibilities, if a programmatic agreement has been executed with the Advisory Council for Historic Preservation {http:l/wrvw.achp,~av_//). Any delegated responsibilities will be performed in accordance with the requirements for the state. H. Monitoring and evaluation. The SHPO will monitor CLGs to assure that each continues to meet the requirements for certification and is satisfactorily conducting its responsibilities as a CLG. a. The CLGs will be monitored through annual reports, correspondence, telephone conversations, and, when possible, visits to the local government. 2. Each CLG shall submit a written annual report of its activities to the SHPO, due in the spring for the previous calendar year. Annual reports shall include information relating to commission membership and meetings, planning, survey activity, inventory updates for the AHRS, local project reviews, and participation in the National Register of Historic Places program. 3. The SHPO will conduct periodic evaluations of each CLG to determine whether or not the local government continues to meet minimum state performance requirements for CLGs. a. The evaluation will be based upon annual reports submitted by the CLG, grant performance, grant products, and telephone conversations, correspondence and visits to the CLG by SHPO representatives during the review period. to ~4laska Certified Local Government Historic Preservation Program b. If the SHPO needs additional information from the CLG for evaluation, the SHPO will clearly indicate to the CLG that the information is being requested as part of an evaluation. c. Within 60 days after an evaluation, the SHPO will send the CLG a written evaluation of its performance in program operation and administration for the review period. l) If deficiencies are identifed, the written evaluation shall include suggestions to the local government for correcting the def ciencies and a time frame far correcting them. 2) The CLG will have 60 days from the date of the report to comment on the evaluation and recommendations. 3) The SHPO will provide training and technical assistance, as appropriate, to the CLG staff and its commissioners to assist in correcting deficiencies. 4) If the deficiencies are not corrected within the time frame established, the SHPO may take steps towards decertifying the local government. I. Decertif cation. 1. If a CLG's historic preservation program is found to have major deficiencies after a formal evaluation or during the course of routine monitoring, the SHPO will advise the CLG that failure to correct the program deficiencies within six months may result in decertification. a. If sufficient improvement is not made by the end of the six months, the SHPO will decertify the CLG and notify the Secretary ofthe Interior that the CLG is decertified. b. In an instance where the SHPO decides on an involuntary decertification of a CLG, the SHPO will provide the CLG with written notice of intention to decertify and include the specific reasons for the proposed decertification. 2. The CLG may request voluntary decertification at any time by petitioning the SHPO in writing. 11 Alaska Cert f erl Local Government Historic Preservation Program a. After cansuItation with a representative of the Iocal government, the SHPO will forward the written request for decertification to the NPS. b. Upon receipt of the NPS's written determination of decertif cation, the SHPO will inform the local government of the official date of decertification. 3. If the CLG has been delegated Section l 06 responsibilities in its jurisdiction by the state, and a programmatic agreement has been executed with the Advisory Council for Historic Preservation {h :I~www.ach . ov/ ), then the SHPO must notify the Advisory Council that the CLG has been decertif ed. 4. If a local government wishes to become recertif ed it must reapply far certification. 5. Decertified local governments with unfinished HPF grants. a. Decertification will not release the CLG from any prior obligations under federal HPF grant guidelines. b. Decertifcation, by itself, may not constitute grounds for termination of a CLG grant unless the terms of the grant carmot continue to be met after decertification. J. Adclitiona! information. The Offce of History and Archaeology has additional information available through its Historic Preservation Series to assist a community interested in becoming a CLG. Many of the issues in the Historic Preservation Series are available on the offce's web page (htt a/www.dnr.state.ak.us/ arks/oho web/index.htm). Copies can also be obtained by calling or writing the OHA. Topics include: • The Certified Local Government Histaric Preservation Program in Alaska • Basic Components of a Histaric Preservation Ordinance Annual Certified Local Government Report Outline • Applying For Historic Preservation Fund Grants: Writing a Successful Application • Sample Local Project Review Process • Alaska Certified Local Governments 2003 Directory • The Secretary of the Interior's Standards for Archaeology and Historic Preservation (h a/www.cr.n s, ov/local-law/arch surds O.htm). lz Alaska Certified Local Government Historic Preservation Program K. Key to abbreviations AHC ................................................................................................... Alaska Historical Commission AHPA .............................................................................................Alaska Historic Preservation Act AHRS ........................................................................................... Alaska Historic Resources Survey CFR .......................................................................................................Code of Federal Regulations CLG ....................................................................................................... Certified Local Government HPF .......................................................................................................... Historic Preservation Fund NHPA .......................................................................................... National Historic Preservation Act NPS .................................................................................................................. National Park Service NRHP ........................................................................................ National Register of Historic Places OHA ............................................................................................ Office of History and Archaeology SHPO ........................................................................................... State Historic Preservation Officer L. Glossary Alaska Heritage Resources Survey (AHRS) is Alaska's inventory of prehistoric and historic sites. The inventory is maintained at the Office of History and Archaeology. Alaska Historic Preservation Act (AHPA) is the state legislation governing historic preservation and the management of historic, prehistoric and archaeological sites, as set forth in i 971 (AS 41.35) and its implementing regulations (11 AAC 16). Alaska Historical Commission (AHC) is the state review board that reviews and makes recommendations to the SHPO on CLG grants from the Historic Preservation Fund. Certified Local Governm_e_nt~CLG~ is a local government with a historic preservation program that has been certified to carry out the purposes of the National Historic Preservation Act. Chief elected local official is the elected head of a local government. CLG share is the funding authorized for transfer to local governments through grants in accord with the National Historic Preservation Act, as amended. 13 Alaska Cerlifed Local Gover»nrend Historic Preservation Program Historic Preservation Fund HPF is the monies accrued under the Outer Continental Shelf Lands Act, as amended, to support the program of matching grants-in-aid to the states for historic preservation programs and projects, as authorized by Section 101(d){1) of the National Historic Preservation Act, as amended. Historic preservation commission is a board, council, commission, or other similar collegial body, which is established in accordance with 36 CFR 61.4 (c}(2). Keeper of the NatianaI Register is the official with whom authority has been delegated by the Secretary of the Interior for expanding and monitoring the NRHP, listing properties, and determining the eligibility of properties for inclusion. Local government is a city, municipality, or borough, or any other general purpose political subdivision of any state. National Re inter of Historic Places P is the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of Section 101 {a)(1 }(A} of the National Historic Preservation Act, as amended. National Park Service (NPS~ is the bureau of the Department of the Interior to which the Secretary of the Interior has delegated the authority and responsibility for administering the National Historic Preservation Program. Office of Histo and Archaeolo OHA is the office within the Division of Parks and Outdoor Recreation, Alaska Department of Natural Resources, authorized to carry out the Historic Preservation Fund program in the state and maintaining the Alaska Heritage Resources Survey (AHRS}. Sect is the U.S. Secretary of the Interior. Unless otherwise stated in law or regulation, the Secretary has delegated the authority and responsibility for administering the National Historic Preservation Program to the National Park Service. Secreta 's Standards and Guidelines is The Secretary of the I'nterior's Standards and Guidelines for Archeology and Historic Preservation. These provide technical information about archaeological and historic preservation activities and methods. They are prepared under the authority of Sections 101(f), {g}, and {h), and Section 110 of the National Historic Preservation Act, as amended. The subjects covered include preservation planning, identification, evaluation, registration, historic research and documentation, architectural and engineering documentation, archaeological investigation, historic preservation projects, and preservation terminology. 14 Alaska Certified Loca! Government Historic Preservation Program State Historic Preservation Officer (SHPO~ is the official within each state who has been designated and appointed by the Governor to administer the historic preservation program in the state under authority of Section 101(b}(1)(A}. Revised 8-15-2003 1S Alaslrc Certified Local Government Historic Preservation Program Alaska Certified Local Government Historic Preservation Program Application for Certification State Historic Preservation Officer Office of History and Archaeology Alaska Department of Natural Resources 550 West 7`h Avenue, Suite 1310 Anchorage, AK 99501-3565 This is an application far certification under the Certified Local Government Historic Preservation Program: City or borough: Mailing address: Submitted by, Applicant's authorized signature Applicant's printed name, title Date Telephone axumber / email address Date received {to be completed by Alaska Office of History and Archaeology): Alaska Certified Local Government Historic Preservation Program Attach documentation showing applicant meets the federal definition of a local government and has the authority to enforce legislation for the designation and protection of historic properties. 2 Attach documentation demonstrating applicant has authority to enter into this agreement. 3. Attach a copy of the local historic preservation ordinance, or a draft with a probable timetable for implementation. 4. Attach a statement indicating that as a Certified Local Government (CLG), the gavernznent entity will comply with all appropriate federal and state historic preservation Iaws, regulations and guidelines enforcing legislation for the designation and protection of historic resources. 5. Attach a copy of the most recent version of the local government's comprehensive plan. 6. Attach information for implementing the following responsibilities of the local government as a CLG: a. Having an outline, draft, ar adopted local historic preservation plan. b. Maintaining a system for survey and inventory of historic properties, with a list of known historic and archaeological properties in the community. c. Providing for adequate public participation in the local historic preservation program. d. Reviewing National Register of Historic Places nominations through a qualified local commission. Reviewing projects that might affect historic properties (include position titles far those involved in the review process.) Alaska Certified Local Government Historic Preservation Program 7. List all commission members. Professional Other Attach resumes for architect or architectural historian, historian, and archaeologist, If the commission does not include the requisite professional members, attach information explaining how the expertise will be obtained when needed, and provide the name and resume of the consultant who will be used. 8. Attach a copy of the partially completed Certification Agreement. Alaska Certified Local Government Hisloric Preservation Program Affidavit a. I understand that this is an application for certification in the Certified Local Government Historic Preservation Program. b. In submitting this application, I understand that it is my responsibility to comply with all requirements of the program as stated in the Alaska Certified Local Government Historic Preservation Program State Guidelines. In submitting this application, I understand that records of the program are subject to review and audit. The program maybe decertified if it is found inadequate. d. I understand that this is not an application far a grant and that no money will be forthcoming. NOTARY SEAL Applicant's authorized signature Signature of Notary Public Printed name, title City or borough My commission expires: Date Revised 8-21- 2003 4 Alaska Certified Local Government Historic Preservation Program Alaska Certified Local Government Historic Preservation Program Certification Agreement This agreement is made and entered into by and between the Aiaska State Historic Preservation Officer {SHPO) and the the Certified Local Government {CLG), whose address is The SHPO has authority to enter this agreement pursuant to the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, et seq.; the CLG has authority to enter into this agreement pursuant to I. Term of agreement This agreement will begin on the date it is signed by the SHPO, and shall remain in effect until the CLG requests decertification as a CLG or is decertif ed by the SHPO, pursuant to the provisions of the Alaska Certified Local Government Historic Preservation Program State Guidelines, a copy of which is incorporated by reference as a part of this agreement. II. Consideration The consideration for this agreement is the mutual promises of the parties contained herein. III. Compliance The parties shall comply with all applicable Iaws, rules and regulations pertaining to the execution and administration of the terms contained in the Alaska Certified Government Historic Preservation Program Guidelines. The CLG and its agents shall be subject to all applicable provisions of the Historic Preservation Fund Grants Manual, dated October 1997 as presently in effect or as maybe promulgated during the period of this agreement, IV. Enforcement of local ordinance The CLG agrees to enforce its historic preservation ordinance, a copy of which is attached and incorporated by reference as part of this agreement. Alaska Certified Local Government Historic Preservation Program IV. Enforcement of local ordinance (con't) The parties have executed this agreement as of the dates entered below, CERTIFIED LOCAL GOVERNMENT ALASKA STATE HISTORIC PRESERVATION OFFICER Name of CLG Signature of authorized officer Signature Printed name Printed name Title Date Date Revised 8-15-2003 2 "~c~fa e wit~t ~ Past, Gi wit~t a future" ~; ~ 210 Fidalgo Avenue, Kenai, Alaska 99fi11-7794 ,~ Telephone: 907-2$3-75351 FAX: 907-283-3014 ~ - __ =--- =_ II~ _ ' 1942 tyre city a f KEHAIv SI[A • • TO: Planning & Zoning Commission . FROM: Marilyn Kebschull, Planning Administration DATE: October 14, 2003 SUBJECT: Lease Application, 20120 International, Inc. and John C. & Marie L. Parker, Individually -Lots 5 & 6, Biock 1, F.B.O. Subdivision The City of Kenai has received a lease application for the above-referenced parcels. The Planning Commission must determine if the intended use complies with the zoning ordinance and the Comprehensive Plan. The parcels are zoned IL -Light Industrial. The lease application lists the use as aircraft hangers. Airports and related uses are listed as a permitted use in the land use table. The City of Kenai Comprehensive Plan uses the Airport Land Use map to determine use of airport lands. This property is designated for aviation related activities and subdivided and available for lease. Based on this information, it appears the proposed lease complies with the City's zoning and Comprehensive Plan. -~ CITY OF KENAI 11 c~ ~ >a~~ ~r ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPFIONE 907-283-7535 FAX 907-283-3014 ~,,~ -- F~ 1~I~~~ 1992 Memorandum Date: October 10, 2003 To: Kenai Planning & Zoning Commission For: October 22nu Meeting From: Kim Howard, Assistant to the City Manager RE: Lease Application, 20/20 International, Inc. and John C. & Marie L. Parker, Individually -Lots 5 & 6, Block 1, F.B.O. Sub. Attached is a lease application far properties adjacent to the airport apron. 20120 International, Inc. and the Parkers are requesting 35-year leases for the purposes of constructing aircraft hangars. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may use the criteria used by the State in 17 AAC X15 Far their airport leases. This application meets the criteria that allows for 35-year leases fora $225,000 per lot investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission met on October 9t'' and reviewed the application to determine if the use complies with the Airport Masterplan. The Masterplan designates these lots far future cargo operations. However, there are no plans to develop the lots for cargo operations on the horizon and there are other properties available for that purpose if the need arises. After some discussion, the Commission voted unanimously to approve the application. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and Comprehensive Plan of the City. The recommendations of both commissions will be forwarded to the Kenai City Council for lease application approval. Cc: 20120 International, Inc. and John C. & Marie L. Parker. /kh Attachment ORIGINAL rvK CITY USE O~ 1_Y Date ~e/U~ ~ `~~ Signature _ ,~-~ ~~ CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 996 1 1-7794 (907} 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant John C . & Marie L . Parker Address 908 Highland Ave. Ste. #1 - Kenai, AK 99611 Business Name and Address 20/20 International, Inc. Same as above Telephone 907) 2$3-3007 Kenai Peninsula Borough Sales Tax No. (if applicable) N/A State of Alaska Business License No. (if applicable) N/A Legal Description Lots 5 & 6, Black 1, F.B.O. Subdivision Plat #78-225 KRD Purpose of Proposed Lease Aircraft Hangers Term of Proposed Lease 35 Years Description of Proposed Development (type, construction materials, size, etc.} ee attached site plan and building descriptions Time Schedule for Proposed Development • Beginning Date ~ p 4 _ • Completion Date (maximum of two years) 4 / 0 6 Estimated Value of Improvements $ 2 25 0 0 0 per Lot .- //~ { APPLICANT'S S IGNATUR~" "- t ~~,~,~~C.( Ic~ ~~~ APPLICANT'S SIGNATURE: Date: ~~~ 3~~ Date:~~-,~,~ - ~ 2 CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the fallowing. i. Existing buildings 2. Proposed buildings X 3. Parking facilities (haw many spaces and location) X 4. Site improvements Areas to be cleared and method of disposal x • Proposed gravel or paved areas x • Laaidscaping plan (retention of natural vegetation and/or proposed planting areas) x 5. Building set backs 6. Drainage plan and method of snow removal x x 7. Circulation plan {all entrances, exits and on-site access} x $. Location of sign(s) --sign permit required N/A 9. Fencing --permit required if height is over 6' X iO.Curb cuts {where applicable) N/A 11. Building height X 12. FAA Form 7461) Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website httt~:i/~w~~-w.alaska. Faa. ~c~/airports. The site has a menu for forms. X 3 CITY OF KENAI LEASE APPLICATION -CONDITIONS OF ACCEPTANCE {To be completed by the City) Kenai Peninsula Borough Parcel No. Dtf.3 --~GD - to f- O Zoning Permits Required: • Conditional Use Permit • Landscape Review _~ • Building Permit ~ • Sign Permit Assessments ~ ~h~_ _ . f_._. Insurance Limits Required ~ ~,~~,,~~~ , Construction must begin by _ . ~1.~ , D Completion date for major constnaction ~~ , ~p , Planning Commission Anaroval Y~i ' hairman Date of Approval: J ~- Ci Council A roval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE 4 F s a susvr v~s-on~ 8 `f ~` o .,° r r I(~I / dr LJ V.J ~~ p~ B~ ~ l~ ~~~ 4~~i T ~ ~ ~i ~ '~~`tr. k'` ~C ` 4 r 0 ~~ ~; Q ~Y~ ~ ®6$q ti ~~~ ` 4~ r. ~,y B V h` ~ g ~ ,~ t :Fy yrr. r ~~\\ ! ~' V / ~~, ~~ .~~ ~t~ B rrarte, rsA i ,' ~ ~ .~ ~~~ ~~ ~~ f v 0~ ~ ~ ~C. ` ~e ti~ U ~ I rC' r ro~ •w+r :~ ~~ e' . ~ ~ / r ,bO ~~ ~ ~Cauh fnrrl~~+4 rO1 Au PaT k.`` / / '~ ~ Fa ;' / "~~ r ~, ~ •.. ~~,~ A~~:r rt~.IrA'JR M Or.fAM/ W n[LrG. rcw + +w w A. y. r r u.r r rw r r M+ r~wY w .. r .~.r ~wrrrrr.rr rw. rwrt ar. f r~..,r0 rr .. e°~ra~ r.rrr w .ti r w rd~ r r rr~ ww Y. A.I.r ~~ rti }IO~NriY~~N_ ~r I lr/ canny ~[w4lrMwhr ' rrMrr W ..tw..r~//~~A.~~.n~ M ~.rr rQQd1~~ Awr + ~~ rw„ ,f/t. ~x ,~~,, 1. -- -, ,~~~-_1. ~ . _.1 ~~~. -t v~r_; rr[ir s;na ~ ~ : ~ --~ r.esexa axa xor~s: Q a.y ..~, ......,..... ,~ , .., ~r r 1 N ~ r r,.w-. a tf' RMY MMr ~+~. xwt I~.gri.W r/.-+ w . w arr..,,.. J -~ +~ / jxcc~td .FGA `~ _ „~,~~_ _ ..4.an:._. ' ~ n. 13 ~37 _, r.'rt -. ~~Sd=~ . __ __-_ n.r ArrnrN ~° r.Yr~...,..,..,. rr{..w+. FBO 5U6DlVI$!ON Y Yw r/ Ir.lrr. w iM .IrNAr s1.4 Crrr d rt..~, ww M~i.~ ~ IMi.~i.Mr.rMI tW r.~Yr + rr a.o ~ rw.r..r rw.f .NIN A rPKi`rM leCAr10X ~' ~"^ ~ r... i ~a rwr~w txr n : r ~r iw i e ~ ~ . n r r l { t 1.rrryH q Y.lIIL AIfD ASSOSfAr[! incr... v •wrt nAtr nr s~rrr sx[ er pro laa goo b ~- 50 -----~•-~ R~ I't ~'~` 75 ~b 4 N ~0 ZOT 5 , 61.OGK I L4T~, $~OC•K ! 50 ~L3.o. su~D.r,B,o, s~~a. Bi.A(,., ~ ~ ~. - 50 ~ - i3 ~ P tom, - - : ~ . ... 5 7s . -... -!. I, . ~r7 Z ~ ~" :~ ..I . - _ - I~-.. . i ~ ~ ~gx I ~ i3a.x7G . . I ~ ~ rp0 50 3 I '` ~ ~ _ .. ~ ~ ~ I -N ~ AI '. . ! ti ~ I BLAts~. r)3 ~ t> fr, ! ! a I ~ (00 5~ I I} ~t N fi~ ~. N _. ~ I ~ o I I I ~7 P'alt~Ilu¢~ I I ~ARiGIN~ ~ , ~ ~ 5n~ew I ! SNr7+~,7 97 R~t•~ovA4 i k (~I~MtlV+++~ I f ~,5 ~ i 13 Iz I ~ ____ _..._ ~ ___._ _.___ .~. ~ ____ __._ iZ NolirH wl~~.ow 5T. ~ B~i Descrrintions Bldg. #1 50 x 50 Metal Bldg. 42 x 16 Bi-Fold Door 2:12 Pitch Roof 18 ft. Walls 22'2" AGL Bldg. #2-4 SO x 50 Metal Bldg. 42 x 16 Bi-Fold Door 1:12 Pitch Shed Roof 18 ft. Front wall 13' 10" rear wall 18' AGL Bldg. #5 75 x 75 Metal Bldg 68 x 22 Bi-Fold Door 2:12 Pitch Roof 24' Walls 30'3" AGL Bldg. #6 & 7 60 x 60 Metal Bldg 56 x 18 Bi-Fold Door 1:12 Pitch Shed Roof 20 ft. Front Wall 15 ft. Rear Wall 20' AGL 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 S5 lb. Snow Load 90 mph Wind Load Seismic Zone 4 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 551b. Snow Load 90 mph Wind Load Seismic Zone 4 U.S. Department of Transportation Federal Aviation Administration Mr. John C. Parker 20120 International, Inc. 908 Highland Ave., Suite #1 Kenai, AK 99611 Dear Mr. Parker: FAA Alaskan Region 222 W. 7ti1 Avenue, Box 14 Anchorage, Alaska 99513-75$7 Kenai Municipal Airport (Airspace # 03AAL-145NRA) Hanger Construction The Federal Aviation Administration (FAA} has completed an aeronautical study on your September 3, 2003 proposal to construct an aircraft hanger at the Kenai Municipal Airport. The FAA has no aeronautical objections to this proposal. This determination does not mean FAA approval or disapproval of the physical development involved in this proposal. Rather, this is a determination with respect to the safe and efficient use of airspace by aircraft and with respect to the safety of persons and property on the ground. This determination does not include any temporary construction equipment, such as cranes, derricks, etc., which maybe used during the actual construction phase of this proposal. Nor does it include add-on devices (i.e. radio antennas}. Such equipment which has a height greater than the proposed structure and a height which would exceed the notice standard of Part 77 of the Federal Aviation Regulations requires separate notice. Should questions arise I can be reached at 907-271-5460 or email at brad.garland(aa,faa.gov. Sincerely, ~~~~~ Brad A. Garland FAA Airports Division Alaska Region "I/c'~ja e ~vit~ a t'ast, Gi u~it~r a future" 9 ~' .,~;~~`~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Il __ - Telephone: 907-283-75351 FAX: 907-283-3014 ~~ll 1992 theu~of K~HAI~ SKA MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: October 14, 2003 SUBJECT: Lease Application, Division of Forestry -Lot 4, F.B.O. Subdivision No. 7 The City of Kenai has received a lease application for the above-referenced. The Planning Commission must determine if the intended use complies with the zoning ordinance and the Comprehensive Plan. The parcel is split zoned being partially zoned IL -Light Industrial and partially zoned C - Canservation. The lease application lists the use as to provide an air tanker re-load base for wild land fires. The Land Use Table lists airports and related uses a permitted use in the Light Industrial zone. The Table lists airports and related uses as a permitted use in the Conservation zone. However, the use is footnoted stating the use is limited to aircraft approach zones. Due to the split-zone, the development may be restricted to that area zoned Light Industrial. The draft Comprehensive Plan recommends an airport land use overlay because of the restrictions the Conservation zone places on developable airport lands. If the plan is not adopted and the overlay developed, the parcel must be rezoned to allow the full development of this parcel. Due to the time frame noted in the lease for the proposed development, it would appear there is sufficient time to resolve the zoning conflict. The City of Kenai Comprehensive Plan uses the Airport Land Use map to determine use of airport lands. This property is designated as airport praperty leased for airport related activities. Based on this information, it appears the proposed (ease complies with the City's Comprehensive Plan. The split-zone will require resolution for full development of the parcel. CITY OF KENA1 ~~ ~~ ems: ~ >a~ ~. ~ 2i0 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 '~EI~- ,~2 Memorandum Date: October 10, 2003 To: Kenai Planning and Zoning Commission For: October 22nd Meeting From: Kim Howard, Assistant to the City Manager RE: Lease Application, Division of Forestry -Lot 4, F.B.O. Sub. No. 7 Attached is a lease application for property that the State of Alaska, Department of Natural Resources, Division of Forestry, currently leases from the City. The current lease will expire on November 30, 2003. They are proposing a new, 10-year lease. The purpose is for support of wildlife fire operations from the Kenai Municipal Airport, specifically fax fre retardant storage and as a re-load base to air tankers. KMC 2L10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may use the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows fora 10-year lease fora $35,000 - $40,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission unanimously recommended approval of the application at their meeting on October 9~h. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and Comprehensive Plan of the City. The recommendations of both commissions will be forwarded to the Kenai City Council for lease application approval. Cc: Dennis Ricker, DNR /kh Attachment MEMORANDUM DNR/Division of Forestry ro: Kim Howard City of Kenai State of Alaska Coas~ai Region Aviation DATE; Sept. 26, 2003 FILE NO: FROM: Bill Beeb ^~ Coastal Region FMO TELEPHONE NO.: 76 ~ -6229 E-MAII,: Dennis~Ricker@dnr.state.ak.us SUBJECT: Kenai Retardant Site Lease REPLY DUE; The Division of Forestry (DOF) is requesting a lease of Lot 4, F.B.O. Subdivision No. 7. to support Wildland Fire Operations from the Kenai Municipal Airport. The primary purpose of this site is to support fire retardant storage and loading into Airtankers used for the suppression of Wildfires. DOF is completing a 2-year lease of this site that ends on Nov. 30, 2003. During these two years the following improvements were completed: Lot appraised and surveyed Gravel pad constructed (70 ft x 150 ft) at a cast of $24,576.77 Retardant/Water Tanks re-located from airport apron area to gravel pad Phone lines installed Electricity installed The next phase of development includes developing access to the gravel pad with a road and gate from North Willow Street. Our intent is to develop the water and sewer lines to the site in conjunction with the road improvements. The estimated costs for these additional improvements range between $35,000 and $40,000. Attachment: Lease Application for Lot 4, F.B.O. Subdivision No. 7 Cc Wally Brockert-Hoff Lynn Wilcock Jim Eleazer Jim Peterson Chris Rutz C:}Rocuments and 5ettingsldennisr}lYly flocument5lWorking Files}Word12003 Kenai Retardant Lease Cover Letter.doc MEMORANDUM DNR/Division of Forestry ro: Kim Howard City ofKenai I~iw~3 \~~4~ /i..~, f CITY OF KE:NAI Ar~~~rrviGrPArlprd PROM: Dennis Ricker Aviation Manager State of Alaska Coastai Region Aviation DATE: Oct 3, 2003 PILE NO: .N& No.: 761-6229 E-iv~aiL: Dennis_Ricker@dnr.state.alC.us sUB,ECr: Kenai Retardant Site Lease REPLY DUE: noble reyUIred Please add this clarification to the Division of Forestry's lease application. The mobile home/trailer that is currently on the lease site is for the storage of supplies to support Fire Retardant mixing and delivery. The structure is temporary and the Division of Forestry's intent is to remove it when additional improvements are made to the site. As additional improvements are made, a more suitable location for a permanent structure will be developed. C:IDocuments and SettingslkimlLocal SettingslTemporary Internet Fifes10LK2A12I1Q3 Kenai Retardant Lease Application Clarification memo.doc FOR CITY USE ONLY Date 9~ZS tai e ~d~w~ Signature ~ ~ CITY OF KENAI ' i ~~~'~ 210 Fidalgo Avenue, Suite 200 ~~.~' ~_ Kenai, Alaska 99511-7794 (907) 283-7535 Ext. 223 CITY Or KENAI LEASE APPLICATION ~~Aah~!jr~isT~R1-ic~N State of Alaska, Department of Natural Resources Name of Applicant Division of Forestry Address 101 Air ort Road Palmer Alaska 99654 Business Name and Address Same Telephone 907_;61-6238 Bill Beebe Re~ional._Fire Management Officer Kenai Peninsula Borough Sales Tax Na. (if applicable) Not Applicable State of Alaska Business License No. (if applicable) Not Applicable Legal Description L°t 4, F.B.O. Subdivision No. 7, according to Plat No. 2001-34 Purpose of Proposed Lease To provide an Airtanker re-load base for Wildland Fires . Term of Proposed Lease 10 years Description of Proposed Development (type, construction materials, size, etc.) Develop access to site from North Willow Street Expand Gravel Pad. Develop water and sewer utilities for the site. Time Schedule for Proposed Development + Beginning Date Spring 2004 ~ Completion Date (maximum of two years) Spring 2006 Estimated Value of Improvements $ See develo ment lan and estimated costs APPLICANT'S SIGNATU ~1`-\~_~~~~ Date:~'' . G j APPLICANT'S SIGNATURE: Date: 2 CITY OF KENAI LEASE APPLICATION CHECKLIST {All items must be completed before application can be accepted,) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings No permanent structures at this time. ~~ 2. Proposed buildings Puture Building may require a building permit Plans will be submitted when funded. --~~ 3. Parking facilities (how many spaces and location} 5 spaces on '0 x 150 ~l Pad 4. Site improvements See attached drawing for Gravel Driveway & 40x60 Pad • Areas to be cleared and method of disposal (~ • Proposed gravel or paved areas • Landscaping plan (retention of natural vegetation and/or proposed planting areas) S. Building set backs As required by Code 6. Drainage plan and method of snow removal Primarily Summer Operas i~ See attached drawing ~~ 7. Circulation plan (all entrances, exits and on-site access) See proposed grave't~~riveway 8. Location of sign{s) -sign permit required NIA at this time \~ 9. Fencing -permit required if height is over ti' NIA at this time lO.Curb cuts (where applicable) NIA at this time N/A at this time 11. Building height 12. FAA Form 74b0-I submitted to FAA N/A at this time ~~ {City provides to applicant -for buildings on airport land.) 3 ~~ ~ I ~ -, ~-~ c ~-. E ~ ~ ~ la ~~ f ~-_~ I ~~ f~' fd - Ip Z .,t ~-~ ~ ~ ~ ~~K?` ~~ ~J R~ ~~ i -1~ ~i~ t ~~- ~ ~ ~~ ~~. .il `U -1 S 'v ~-4 7 -~, -~ two ~J V ~ JJ /~[, l Q .~ ~ j •+J 111 f G. ~ ~ ~ . •1 'a i ~ ~ Q ~ ~ 'S v 7 ~- ~ ~ ,, © ~ ~ a ~ a -~'S' ~1°l l' ~° ~ ~ .'21 ~'.~ ~~ ti U ~` .r V ~ ~ S c, + ig U F '~ 7 Vl 3 -~- u~ L ~~ ~~ ~i ~ ~ ~ '~ .~ J ~' .~ -~= •+~ psi ~, ~a ~ 4 S ,J ` ~ ~~ L w w il ,s ~~+ fla~d ~~-= O a~ M aa~ ~i~r.~slx~ .- __._. __.... 3 v Q v ~~ U M Q b .t' N U u V ~ -~ ~ ~ M `-~ , ~ • ~ ~ ^^ ~ b l~ ~ G `~' u v ;~ u ~ ~ .t ~+ ~ u V ~' U ~ '~ 4 " ` N Q V U 3 ~ ~ ~ ~ L o ~, u ~~~ , ~ ll v ~i .2 f-` Q i -y, ~Ll o ~~ .~ ~ ~ ~ ~...~ f CITY OF KENAI LEASE APPLICATION -CONDITIONS OP ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. -f~_y3 -.~~ - rf 0 Zoning -.rL~~. .. ..-- Permits Required: • Conditional Use Permit • Landscape Review ,~ • Building Permit __ _~/ • Sign Permit ~~ Assessments Insurance Limits Required ~~f~y ~S ,jd f~.. /n,~-~,,,,r,~,~ Construction must begin by d Completion date for major construction ~7- r~~+ ~ ~Q Planning Commission Approval Date of Approval: hairman Cit Council A roval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE 4 boa. AC~rENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER I5, 2003 7:00 P.M. KENAi CITY COUNCIL CHAMBERS httP: LLv~+ww.ci.kenai ak us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. C~~~' _ Roll Call 3. CERTIFICATION OF OCTOBER 7, 2003 ELECTION 4. OATHS OF OFFICE Oyu ~~O~J _~ 5. ELECTION OF VICE MAYOR l 6. Agenda Approval 7. Consent Agenda *All i tems listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one inotian. 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 co id d i ns ere n its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) I. Proclamation -- KENAI CHARACTER COUNT31 WEEK 2. Janice Chnmley, Community Gardener -- Warren Larsen Memorial Test Site (Greenstrip} 3. Wince-Corthell-Bryson -- Presentation on Design/Build Contracts. ITEM C: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS I. Ordiaaare No. 2015-2003 -- Amending KMC 13.15.0I0(a} to Redefine the Allowed Hunting Areas Within the City and Reptace the Maps of Those Areas With an Updated One. ~ ~ a. Remove from table. b. Consideration of ordinance, ~~~ ~ + 2. Ordinance No. 2017-2003 -- Amending KMC I.90.050(b) to Change the ' Dime Period for Allowed Absences for Commissions and Committees Farom Three Months to Six Months. G( 3 • Ordinance No. 2018-2003 -- Amending the Official City of Kenai Zoning Map to Rezone a Portion of Government Lot 44. Y ,¢ .,, ~ ~~ 4. ~~aGd ~ ~ 5. l~l9~0~ ~~~ ~• Ordiaaace No. 2019-2003 -- Amending KMC 1.90.010 to Allow the Kenai City Council to Pass a Resolution Changing the Membership Number of a Commission, Board, Task Force or Committee to Greater Than Seven (?] Members. Ordinance No. 2020-2003 -- Amending KMC 24.20.010, Entitled "Care of Cemetery" and the Cemetery Regulations. Resolution No. 2D03-50 -- Transferring $55,500 in the General Fund for a Library Computer System. '7. Resolution No. 2003-51 -- Awarding aFive-Year Contract for Alaska Regional Aircraft Firefighter Training Facility Vending Machine Concession to Tyler Distributing Company, Inc, ITEM E: COMMISSION COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6• Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F• MINUTES 1. *Regular Meeting of October 1, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS ~~~ 1. Bills to be Paid, Bills to be Ratified ~`~`~~ w 2. Purchase Orders Exceeding $2,500 3. *OrdiEaance No. 2021-2003 -- Fncreasing Estimated Revenues and Appropriations by $7,800 in the General Fund far Library Grants. 4. *Ordiaaace No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. 5. *Ordfnaace No. 2023-2003 -- Increasing Estimated Revenues and Appropriations by $1,585.00 in the General Fund far the Planning ,~~/ Department to Attend Section 106 Training. .~a~a 6. Discussioa -- Kenai Convention & Visitors Bureau/City of Kenai Milepost ~,~ ~ Advertisement. ~ ` ©.Z ~~' I ~ J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council E7~rCUTIVE SESSION -None Scheduled ITEM M: ADJOURNMENT IDb KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669-7599 5:30 p.m. October 13, 2003 Tentative Agenda MEMBERS [,ynn Hohl Seward City Term Expires 2005 Bill Hutchinson Ridgeway Term Expires 2004 Brent Johnson Kasilof/Clam Gulch Term Expires 2006 Mark Massion Seldovia City Term Expires 200b ALTERNATES: Mari Anne Gross Southwest Borough Term Expires 2005 ,fim isham Sterling Term Expires 200b Todd Petersen East Peninsula Term Expires 2004 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Na excused absences requested 3. Minutes a. September 22, 2003 D. SUBDIVISION PLAT PUBLIC HEARINGS 1. Integrity Plaza KPB 2003-213 Integrlty/Baker Location: City of Kenai 2. Strawberry Fields Forever Addition Na. O1 Revised Preliminary KPB 2003-045 Integrity/InneslW ensley Location: City of Kenai 3. Soldotna South Opheim Replat KPB 2003-222 Integrity/Opheim Location: East of Sterling Hwy Kasilof area ~~ ~ `? 7~~~ t'~NfNG~~;~~ db! 4. Royal Acres Hannon Replat KPB 2003-223 Integrity/Hannon Location: South of Scout Lake Loop off Betty Lou Dr. 5. Carmichael Subdivision No 02 KPB 2003-214 Johnson/Schultz Location: South of Sterling Highway off Diane Street 6. Clain Gulch Heights No. 02 KPB 2003-215 JohnsonlGlendening Location: East of Sterling Highway, Clam Gulch area 7. Frornised Land KPB 2003-216 JohnsonlGraharn Location: East of Sterling Hwy off Pollard Street 8. Parkinson Subdivision SB KPB 2003-220 AbiIitylQualityservices Location: West of Old Sterling Hwy, Anchor Point area Anchor Point APC 9. Cottonwood Point Subdivision Final -Exception Requested KPB 2003-183 Ability/Pres. Quality Serv./Pres. Axtel Ent. Location: West of Sterling Hwy, Anchor Point area Anchor Point APC 10. Fuhr Replat 2003 Final -Exception Requested KPB 2003-155 AbilitylBaptist Foundation Alabama Trustee Location: West of Sterling Hwy, Anchor Point area Anchor Paint APC 11. Best Fishing Tracts Final Plat with Exception Requests KPB 2003-143 AndersonlMutch, Anchor Corp. Location: West of Sterling Hwy. Anchor Point area Anchor Point APC s 12. Anchor Point Acres Lot 24 Replat KPB 2003-224 Bordexline/Wright Location: East of Anchor Point Anchor Point APC 13. Wells Subdivision Addition No. 02 KPB 2003-225 McLanelWells Location: Off Kalifornslcy Beach Road in Kenai 14. Shiloh Subdivision KPB 2003-226 McLane/Lindsey/Dal Car Limited Location: East of Seward Hwy in Seward 15. Nakada Subdivision No. 02 KPB 2003-227 Imhoff/Nakada Location: South of Diamond Ridge Road K-Bay APC 16. Rolling Meadows Peggy Lane Addition KPB 2003-228 Imhoff/P ittman/Imho ff Location: South of East End Road off Greer Rd. K-Bay APC 17. Anderson-Kapingen Replat Na. 02 KPB 2003-229 Imhoff/Derry Location: City of Homer 18. Fowler Tract A Clarif cation of Exceptions KPB 2003-202 Johnson/Fowler Location: East of Sterling Hwy. Kasilof area E. PUBLIC COMMENT F. ADJOURNMENT 3 NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Piat Committee meeting will be held October 27, 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/planningde~t KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669-7599 October 13, 2003 7:30 P.M. Tentative Agenda A. Philip Bryson Chairman Kenai City B Term Expires 2004 Tom Clark C Vice Chairnra~r Anchor PoinUlViniichik Term Expires 2004 Dick Traeger Parliamentarian Soldotna City Term Expires 2405 Dr. Rick Foster PC Member Homer City Term Expires 2004 Mari Anne Gross PC Member Southwest Borough Terrn Expires 2005 Lynn Hohl PC Member Seward Ciry Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2004 James [sham PC Member Sterling Term Expires 200G Brent Johnson PC Member KasiloClCiam Gulch Term Expires 2006 Slain Martin PC Member Kalifomsky Beach Term Expires 2006 Mark Massicn PC Member City aCSeldovia Term Expires 2006 CALL TO ORDER ROLL CALL APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Cornmission 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 the consent agenda and considered in its normal sequence on the regular agenda. If you wish to conunent on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Tirne Extension Requests a. Chinulna Point Subdivision Lockwood Addition KPB File 2002-155 McLane/Lockwood Location: Kalifornsky Beach Road off Cannery Road b. Bridge Road Subdivision Lockwood Addition KPB File 2002-157 McLane/Lockwood Location: City of Kenai c. Inlet Glen Subdivision Tyier/Schilling Addition KPB File 1998-239 Brys on/Tyler/Schilling Location: Joan Avenue, west of North Kenai Road 2. PIats Granted Administrative Approval 3. Plats Granted Final Approval Per 20.04.070 Todd Petersen PC Member East Peninsula Term Expires 2004 Kay Tauriainen PC Member Northwest Borough Term Expires 2D05 Max 7. Best Planning Director Dale Bagley Borough Mayor 4. 5 Plat Waiver Aixlendrnents a. KPBPC Resolution 2003-28 Amended; Tract 1-B McGhee Subdivision; KPB 2003-156; Lacation: Swanson River Road in Sterling b. KPBPC Resolution 2003-12 Amended; NE t/4 NE '/a (shown as 104, Ninilchik Native Association Right-of--Way Map, Plat 84- 115), Homer Recording District, within Section 3, Township 2 South, Range 12 West, Seward Meridian, Alaska; KPB 2003- 074; Location: Caribou Hills Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations d. Current Reviews 6. Commissioner Excused Absences a. Blair Martin 7. Minutes a. September 22, 2003 Plat Committee Minutes b. September 22, 2003 Planning Commission Minutes D. PUBLIC COMMENTIPRESENTATIONSICOMMISSIONERS {ltems other than those appearing on the agenda. Limited to five minutes per speafcer unless previous arrangements are made.) E. UNFINISHED BUSINESS A land-use permit application to operate a gravel site in the Anchor Point area; Location: SEi/4 SE1/4 51/2 S25 T04S R15W, Seward Meridian, KPB 16525062; Parcel: 8.3 acres; Portion to be Gravel Pit: approx. 6. $ acres; Applicant: Twin Peaks Construction; Owner: Haga, Alma; KPBPC Resolution 200335; carried forward from 9122103 F. PUBLIC HEAR_IlVGS Vacate the 20' Alley Way between Lots 3 and 4, and the 20' Alley Way between Lots 5 and 6, dedicated by Woodrow Alaska (Plat SW #8}; within Section 12, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2003- 194; Petitioner(s): Perry N. Buchanan and Thomas M. Buchanan of Seward, Alaska; Location: West of Seward Highway in Seward 2. Kenai Peninsula Borough Draft Transportation Plan G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Plat Waiver Application: NE'/a SW'/4 T02S R12W SEC I2; KPB 2003-217; KPBPC Resolution 2003-36; Location: Caribou Hills; Applicants: Joe and Margaret Goodman I. SUBDNISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 17 plats and clarify two exception requests. J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.1 S) Conditional Use Permit for the previous repair of highway infrastructure caused by the floods of November 2002 and the current maintenance, repair, and retrofit of highway infrastructure resultant froxn the October and November 2002 Floods; Work has and will occur along the following regulated KPB streams: Ninilchik River, Stariski Creek, Anchor River, North Fork of the Anchor River, Kenai River, and Deep Creek; Petitioner: State DepartFnent of Transportation, Anchorage; KPBPC Resolution 2003-37 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS -None M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS 1. Ordinance 2000-50 Quarterly Update October 1, 2003 O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED AML Touchstone September 2003, Volume 13, Issue 3 2. State Oil & Gas Lease Sale Cook Inlet Areawide Call for New Information FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held October 27, 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 Tirne Anchor Point Anchor River Inn October 7 6:3 .m. Coo er Landing Communit Hall October 8 7:30 p.m.. Kachemak Bay Community HaII October 9 6:30 p.m. 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 planzung commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH 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: plannin~(~borou~h.kenai.ak.us web site: www.barough.kenai.ak.us/plannin8de~ N M ~ V'1 ~D [~ m ov a.g ~ E ~+ O" ~yg~m~c p 0 ~D pMp 06 0D 00 000 000 000 ~ ~ 4) ~, s. y ~ ~ ~ m ~ ~ G ~ C ~d cC td cC R N Q. a p W C7' & ~.. ~ ~ C W '~ O~ N i3. Ar IS. G. L4 0 Q. ~ ~ 0 ~ 4y~i '. o' W ° ~ " ~ ~ ~' ~ ~~ ~ ~ ~. ~ ~ N T •~, ~ ~ °o o a°i ...~~~~yyy{ ~ ;~ > .~ ~ $ `Lys{ ~ ~ ~~e ~ ~ ~ ~ .~a ~ ~ C°~ b •{) .~ q .r y Q~ ~ O VS A LV 8 6Y ~j O. ~ W ~ ~ o m y •6q 3 '~ ~ ~ A. q a ~ GL a~~~E ~ ~ y ao b0 rn C ~ O!'. 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A PG ~ on i~ IN THE MATTER OF THE APPEAL BY } NANCY HENRICKSEN OF THE MODIFICATION ) OF HER CONDITIONAL USE PERMIT } Case No. BA-03-1 I. DECISION The appeal of Nancy Henricksen is granted. II. PROCEDURAL HISTORY On July 8, 2002, Nancy Henricksen (hereinafter "Nancy") filed an application for a conditional use permit for pet grooming and "day care for dogs" at her residence on 1802 4'h Avenue in Kenai. The area is zoned Suburban Residential (RS). The City's Code Enforcement Officer informed Nancy that she needed such a permit while responding to a complaint about junk cars. Ms. Henricksen was not eligible for a home occupation permit because KMC 14.20.230(c) does not allow them for "commercial kennels or similar uses." The Kenai Planning and Zoning Commission held a public hearing on Nancy's application on August 14, 2002. The staff recommended approval of the permit, noting the kennel appeared to have been operated for some time without negative impacts on the neighborhood. However, three of Nancy's neighbors testified against the permit at the public hearing. They complained of the disrepair of Nancy's fence, day care of dogs, barking dogs and the negative impact of the business on their property values. Under Alaska law, neighborhood opposition may be taken into account in reviewing permit applications, Anchorage Coalition v. Coffey, 862 P2d I b8, 172, n.11 (Alaska l 993)(Holding that neighborhood opposition may be taken into account but is not controlling on whether the permit should be granted). One of Nancy's customers testified in favor of the permit. She stated the facility was well run and the dogs were kept there the minimum time necessary for the grooming to be done and then were picked up. Nancy also testified. She volunteered to drop the day care aspect of her application in response to her neighbors' concerns. She admitted her fence and yard were in disrepair, but indicated that problem would be remedied as soon as she could afford it. Nancy also testified her business was enclosed in her garage and that there were no employees. She Appeal of Nancy Henricksen Page 1 of 3 stated her business was operated in a clean and sanitary manner and the dogs were kept within the garage, in a confined area or within her control at all times. The Commission voted (four in favor and none opposed) to amend the conditional use permit to allow only grooming and remove the provision far day or night boarding of animals. The motion to approve the amended permit failed with three in favor and one opposed. Under KMC 1.15.060(e) and 1.90.050{c), a motion needs four votes for passage. During the next meeting, a motion to reconsider failed by the same margin- three in favor and one opposed. Nancy appealed the denial to the Berard of Adjustment under KMC 14.20.290. The Board held a hearing on the appeal on September 18, 2002. Attorney Elizabeth Ann McCord appeared on Nancy's behalf. Two of Nancy's neighbors testified against granting the permit. Their testimony was similar to that they had given before the Planning and Zoning Commission. Nancy testified in favor of granting the permit and read two letters of support on the record. The Board of Adjustment granted the permit on the condition that she build a sight obscuring fence, KMC 14.20.150(d)(6} allows the Board to add conditions to a permit, including "access, screening, [and] operation of the use." Failure to adequately and reasonably construct the fence by June 30, 2003 was stated as a ground for revocation of the permit. On July 31, 2003, Nancy applied for a modification of her conditional use permit. KMC 14.20.150(h} allows conditional use permits to be modified if "changed conditions cause the conditional use to no longer conform to the standards far its approval" or to "implement a different development plan conforming to the standards far its approval." The Planning and Zoning Commission held a public hearing on the request on August 27, 2003. One of her neighbors did send an email to city staff; it was presented to the commission during the hearing. The neighbor opposed the modification on the basis that Nancy's property was in disrepair. There was no in-person testimony against her permit. Nancy requested the Board remove the sight-obscuring fence as a condition of the permit. The Commission deadlocked on a three to three vote. Nancy appealed to the Board of Adjustment on August 28, 2003. Prior to the hearing, she sought to comply with the conditional use permit by constructing asight-obscuring fence using tarps. She admits the fence is unsightly but stated that, due to her finances, it was the only type of material she could afford. On September 17, 2003, the Board of Adjustment held its hearing on the case. Nancy was the only person to testify during the hearing. She again requested that her permit be modified to remove the condition requiring asight-obscuring fence. Appeal of Nancy Henricksen Page 2 of 3 III. DISCUSSION As noted above, this Board has the power to amend the conditional use permit under 1CMC 14.20.150(h). The sight-obscuring fence condition was placed on the permit because of concerns that the dogs associated with her business would use that area of the yard. Nancy testified that she no longer kennels dogs for others (either for the day or overnight). She also stated that she keeps her large personal dog elsewhere to avoid problems with it. Her two smaller dogs are kept indoors. Nancy testified the dogs that visit her grooming business are kept in the garage and not allowed in the back yard. In short, she argues there is no reason to continue the sight-obscuring fence requirement because there is nothing now to obscure. We agree. We, therefore, grant her appeal and remove the condition of asight-obscuring fence. DATED this 14`" day of October 2403. John J. Williams, Board Member James C. Bookey, Board Member Joe Moore, Board Member Amy Jackman, Board Member John Osborne, Board Member Dissenting Opinion We do not feel that Nancy has met her burden of proof sufficiently to show changed circumstances under ICMC 14.20.150(h). Because we feel the appeal should be denied, we respectfully dissent from the decision of the Board of Adjustment. Patricia Porter, Board Member Linda Swarner, Board Member DATED this 14t" day of October 2003. NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. Appeal of Nancy Henricksen Page 3 of 3 .. ~~:,~ Compre~enaive '~~,,; ~~an ~p~Ale ~]r~~~Q'¢ JL~'~~1'.1C~]~D~~~II9 Overview and Schedule The Kenai Peninsula Borough (KPB) is undertaking a project to update its Comprehensive Plan. Prepared in 1992 to guide Borough decisions and activities, the current plan provides a detailed description of the Borough at that time, including issues, goals, policies, and recommended future actions related to local government, population, demographics, land use, economy, public facilities, and environmental policy. The plan now needs to be updated to reflect changing conditions and issues on the Kenai Peninsula. Further changes in demographics, land use, the local and national economy, state and federal regulations, and other conditions will necessitate new policies and actions at the Borough and local community levels. The updated plan will be the guide for these new policies and future decisions. The updated goals, objectives and suggested actions are expected to address community and Borough-wide needs. The update process is expected to last about 20 months, with completion scheduled for April, 2005. A preliminary draft of the plan is expected to be completed by September, 2004. It will be reviewed and revised through a public meeting process, followed by formal review and adoption processes with the KPB Planning Commission and Assembly. Public Meetings and [ammenis Public involvement in the plan update process is essential to creating a suitable plan that serves all citizens in the Borough, and is an effective guide for future decision-making. To meet this objective, the Borough will conduct a broad public outreach program that ensures participation and ownership in the new plan by the residents of the Borough, including local communities, native peoples, business groups and others. Activities will include meetings with the public, community, business and other groups; a telephone survey; announcements in local newspapers and radio stations; call-in radio talk shows; and the opportunity to comment via a project Web site. The schedule for a first round of public meetings is shown below: Community Date and Time Location Kenai Monday, October 20 Kenai City Hall 6:30 - 8:30 p.m. 210 Fidalgo Avenue Homer Tuesday, October 21 Homer City Hall 6:30 - 8:30 p.m. 491 E. Pioneer Ave. Anchor Point Wednesday, October 22 Anchor Point Senior Center 6:30 - $:30 p.m. 72750 Milo Fritz Avenue Hope Monday, October 27 Hope School Gymnasium 6:30 - 8:30 p.m. ia~ ~om~rc~ensivc ,., Pan U~dtztQ Commurlrity Date and Time Location Seward Monday, November 3 Seward High School Sterling Wednesday, October 29 Sterling Senior Center 6:30 - 8:30 p.m. 34453 Sterling Highway Soldotna Thursday, October 30 Soldotna City Council Chambers 6:30 -- 8:30 p.m. 177 North Birch Street Cooper Landing Tuesday, November 4 Location to be announced 4 - 5:30 p.m. (tentative) Moose Pass Tuesday, November 4 Moose Pass Community Hall 7 - 9 p.m. (tentative) Ninilchik Time and date to be Location to be announced announced Seldovia Thursday, November 6 Seldovia Community Center Multi- 6:30 - 8:30 p.m. Purpose Room, 260 Seldovia Street These meetings will provide residents with a chance to identify and discuss key issues that should be addressed in the updated Comprehensive Plan. In addition, Borough and consulting team staff will attend community and business group meetings with local Chambers of Commerce, seniors groups, fishing and tourism organizations, tribal representatives and others throughout the Borough to gather additional input to help shape the plan. A schedule of these meetings can be found on the project Web site (www.k bl-z comp~~Qm). The Web site also provides mare detailed information about the planning process and opportunities to comment via a-mail or in writing. ~ontala Information Far more information about the prvect, please contact one of the following: Cristo Cady-Hippchen, Project Manager Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669 Telephone: (907) 262-8837 Fax: (907) 262-8618 E-mail: rrarlyC~borough.kenai.ak.us Matt Hastie, Consultant Team Manager Cogan Owens Cogan, LLC $13 SW Alder Street, Suite 320 Portland, OR 97205 Telephone: (503) 225-0192 Fax: (503} 225-0224 E-mail: nlhasti~coganowens.com G:\Current Projects\0329 -Kenai Comp Plan Update\Public Involvement\KP8 Comp Plan Project Description.doc 2 TESTIMONY SIGN-IN SHEET ,/~ ~ ~ (r 7 r L~r2.` -U~ 3 ! '~+ .y''.vhyS 4, ~ 3 ~ '/' y$~'1A - {~' ~S~Y ~iP ~ ~€Yi r~~.i~ ~ ~~. ~s~ ~ fr;~p~~ ~ ~ '~.' x~M~ ~ y3 ~S.d ~ 3~F ~}~~ ~ 6",~1Yi`ff 4~ ~ ~._ 3 ~ Ta! `~f -~ ~ ~, ~ I E ~} l AGENDA PLANNING 8<ZONING GOMMlSSION October 22, 2003 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto:/lwww.ci.kenai.ak. us 2. SCHEDULED PUBLIC COMMENT: CONSIDERATION OF PLATS: PUBLIC HEARINGS: a. PZ03-43 -An application for a Conditional Use Permit for the iollovring uses: HotellMotel, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial Recreation, and Recreational Vehicle Park. The application is for the property known as Govemment Lot 9 in Section 8 and Government Lots 11 and 12 in Section 17 excluding there from that portion as per easement 183 Q 454 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni and Jon Faulkner, 4786 Homer Spit Road, Homer, Alaska. OLD BUSINESS: a. Comprehensive Plan - biscussion of Public Comments b. November 2fi and December 24, 2D03 Nteeting Cancellation NEW BUS1NE55: a. Certified Local Government Guidelines -Discussion b. Lease Application, 20120 International, Inc. and John C. & Marie L. Parker, Individually -Lots 5 8 6, Block 1, F.B.O. Subdivision - DiscussionlRecommendation c. Lease Application, Division of Forestry -Lot 4, F.B.O. Subdivision No. 7- DiscussionlRecommendation The public is invited to attend and participate. The meeting will commence at 7:00 p.m, at Kenai City Hall (lower level). 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: October 20, 2003 D3041211 l5' `~~ ,~~ ~ ~~ ~ ~~~ ~~~ ~, J CITY OF KENAI PLANNING 8~ ZONING COMM155lON PUBLIC HEARING NOTICE 210 FI~ALGO STREET KENAI, ALASKA 99611-7794 htta:/lwww. ci. kenai. ak. us The following public hearing has been scheduled for the Planning and Zoning Commission meeting of October 22, 2003: PZ03-43 - An application for a Conditional Use Permit for the following uses: HotellMotel, Restaurant, Bar, Focd Vendors, Bakery, Theatre/Commercial Recreation, and Recreational Vehicle Park. The application is for the property known as Govemment Lot 9 in Section 8 and Govemment Lots 11 and 12 In Section 17 excluding there from that portion as per easement 183 @ 450 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni and Jon Faulkner, 4786 Homer Spit Road, Homer, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. Anyone wishing to present testimony concerning this perrnit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Kenai, Alaska 99fi11-7794 prior to the meeting. Comments may also be emailed to mkebschullQci.kenai.ak.us. For more information please contact Marilyn Kebschull at 283-7535 extension 235. Marilyn Kebschull Planning 8~ Zoning Administration Publish: October 15 & 17, 2003 io171~~ ~~Q ~-- ~