HomeMy WebLinkAbout2006-02-22 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 22, 2006 - 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. *February 8, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-14 -Preliminary Plat -McKinley Subdivision No. Two (A resubdivision of Lots
79-A & 79-B McKinley Subdivision) -Plat submitted by Whitford Surveying, P.O. Box
4032, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZ06-12 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be
amended to remove Footnote 10 from the land use category of "Churches" in the Central
Commercial (CC) and General Commercial (GC) zones in The Land Use Table and
changing "Churches" from a conditional use to a principal permitted use in the Light
Industrial Zone (IL).
b. PZ06-13 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the existing Landscaping/site plan regulations
at KMC 14.25 and 14.20.115(1) be repealed and replaced with a new KMC 14.25
(Landscaping/Site Plan Regulations).
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Ordinance No. 2146-2006 - An ordinance of the Council of the City of Kenai, Alaska
enacting KMC 13.20.070 entitled "Commercial Building and Property Maintenance."
Discussion.
8. PENDING ITEMS:
Agenda
February 22, 2006
Page 2
a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. State of Alaska -Consistency with Alaska Coastal Management Program
b. Zoning Bulletin (1/10/06)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
o~
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 8, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Swearing in of New Commissioner
c. Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *January 25, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-10 -Preliminary Plat -Spruce Shadows Subdivision -Merritt Addition -Plat
submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ06-09-An application for a Conditional Use Permit for an Off-Site Catering Business
for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601
Davidson Street), Kenai, Alaska. Application submitted by Laura Ganshow dba The
Family Table, 405 Birch Street, Kenai, Alaska.
b. PZ06-11 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.290 be amended to clarify which
issues maybe appealed to the Board of Adjustment and setting forth rules regarding who
has standing to bring appeals.
6. OLD BUSINESS:
a. PZ06-08-An application for a Conditional Use Permit for an Off-Site Catering Business
for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601
Davidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as
Heavenly Delights, P.O. Box 2676, Kenai, Alaska. (Postponed from January 25, 2006.)
Application withdrawn by applicant.
b. Notice to reconsider - PZ06-O1 - An application to rezone parcels located between Ross
Street & North Fern Street as shown on Attachment A (on file) from Rural Residential
and General Commercial to Limited Commercial. Application submitted by John
Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo
Avenue, Kenai, Alaska. (Reconsideration request given by Commissioner Eldridge.)
7. NEW BUSINESS:
a. Lease Application -Mark E. Lockwood d/b/a Kenai Self-Storage/Tract B, Gusty
Subdivision No. 2 -Discussion and Recommendation.
8. PENDING ITEMS:
a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Letter accepting Commissioner Hammelman's resignation
b. Zoning Bulletin (1/10/06)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting -Development of a Mixed Use Overlay
Zone -Discussion
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 25, 2006 - 7:00 P.M.
CHAIR NELSON AMEN, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Amen called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: S. Romain, N. Amen, P. Bryson, L. Chase, B. Eldridge, J.
Twait
Others present: Council Member Ross, City Planner Kebschull, Department
Assistant Carver, Building Official Springer, Jim Jenckes, and Contract Secretary B.
Roper
A quorum was present.
1-b. Swearing in of New Commissioner
City Planner Kebschull administered the Oath of Office to newly appointed
Commissioner James Jenckes. Commissioner Jenckes took his seat on the dais.
1-c. Agenda Approval
MOTION:
Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Commissioner Eldridge SECONDED the motion. There were no
objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda. Commissioner
Bryson SECONDED the motion.
AMENDED MOTION:
Commissioner Bryson MOVED to amend the main motion and requested Item 2,
Approval of Minutes be removed from the Consent Agenda. Commissioner Eldridge
SECONDED the motion.
VOTE ON THE AMENDED MOTION:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 2: APPROVAL OF MINUTES -- January 25, 2006
Chairman Amen requested a correction on page 10, VOTE ON MAIN MOTION AS
AMENDED. He noted, the motion was not unanimously passed as there was one 'no'
vote.
MOTION:
Commissioner Eldridge MOVED to approve the minutes of January 25, 2006 as
corrected. Commissioner Jenckes SECONDED the motion.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ06-10 -Preliminary Plat -Spruce Shadows Subdivision -Merritt
Addition -Plat submitted by Integrity Surveys, 8195 Kenai Spur
Highway, Kenai, Alaska.
Kebschull noted the following:
• The plat removes lots lines to create one large parcel.
• The resulting lot size meets the rural residential zone requirements.
• Public water and sewer is available.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 2
• Staff recommends approval if the street name is corrected from Copper
Lane to Baker Street and the City is provided with verification there are no
encroachments.
MOTION:
Commissioner Bryson MOVED to approve PZ06-10 adding staff recommendations and
Commissioner Eldridge SECONDED the motion.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ06-09 An application for a Conditional Use Permit for anOff--Site
Catering Business for the property described as KN T06N R11W S 34
NW 1 / 4 SW 1 / 4 SW 1 / 4 NE 1 / 4 (601 Davidson Street), Kenai, Alaska.
Application submitted by Laura Ganshow dba The Family Table, 405
Birch Street, Kenai, Alaska.
Commissioner Chase stated she would abstain from voting due to a conflict.
Commissioner Romain stated he would abstain as well. When asked the type of
conflict, Commissioner Romain indicated there were potential fmancial conflicts.
Kebschull provided a brief history of the Conditional Use Permits for this property
noting the applicant originally had not planned to provide off-site catering but had
since decided to expand the current business to include off-site catering. Kebschull
also noted the following:
• The use is consistent with the purpose of the chapter and the purposes
and intent of the zoning district.
• The value of the adjoining property and neighborhood would not be
significantly impaired.
• The proposed use is in harmony with the Comprehensive Plan.
• Public services and utilities are adequate to serve the proposed use.
• The proposed uses will not be harmful to the public safety, health and
welfare of the area.
• A similar business has operated from this property in the past with no
complaints.
• Applications for Conditional Use Permits must have approval of the legal
property owner according to KMC 14.20.150(b)(2) "Verification by the owner of the
property concerned if other than the applicant." At the time of the application it was
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 3
believed the applicant had approval of the property owner, however a letter had since
been received from the property owner withdrawing his approval for anoff--site
catering business from this location.
• Because the application no longer meets the requirements of KMC 14-
20.150(b)(2), staff recommended the application be denied.
MOTION:
Commissioner Eldridge MOVED to approve PZ06-09 and Commissioner Twait
SECONDED the motion.
Amen opened the public hearing at 7:12 p.m.
Laura Ganshow, 1611 Aliak Drive, Kenai, AK 99611 - Ms. Ganshow stated the
following:
• She is part-owner of the Family Table.
• She is in disagreement with Mr. McLennan's decision to take back his
permission to allow the Family Table to perform the off-site catering.
• Noted Mr. McLennan provided permission several times to include the
lease which states the lease property shall be used or occupied for the purpose of a
dinner/meal catering business and any activity related thereto.
• There was also a letter dated December 1, 2005 to the Planning & Zoning
Commission indicating there had been no change to the type of business, the current
owners will continue to provide family style dinners to the community as well as
catering services.
• Mr. McLennan stated residential concerns for his change of mind but his
residential concerns were related to the current business as well.
• Mr. McLennan knew of the concerns when he leased the DEC-certified
commercial kitchen.
• She is upset with the back and forth that had come from this.
• Noted there are bids out for catering services and they accepted bids
based on the permission granted my Mr. McLennan.
• Requested permission be granted to perform off-site catering from the
commercial business facility.
April Fulk, 560 Wortham Avenue, Kenai, Alaska 99611 - Ms. Fulk stated:
• She has lived by the business for many years and did not realize it was
there. She felt there had not been a problem functioning in the neighborhood.
• Stated her concern with McLennan's decision to not grant permission for
the applicant to operate anoff-site catering from the facility and suggested the current
permit held by McLennan should be discontinued if he does not grant permission to
the applicant.
Cheney McLennan, 601 Davidson, Kenai, Alaska - Mr. McLennan stated:
• He is the owner of the facility in question.
• Feels he has good standing in the community and would not bring that
PLANNING 8~ ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 4
to issue.
• He has supported the applicants; there was a lease agreement; his
attorney has concern the applicants' business could go beyond the agreement.
• It is his understanding the agreed-upon lease is invalid as it concerns
sublets and the applicant could lease the facility to other contractors. With another
Conditional Use Permit they can put even more subcontractors in the kitchen.
• The facility is small and is situated on his residential property and his
attorney has advised him he would have no control whatsoever over who is in the
building, what they're doing, the hours, etc.
• Until the parties can determine their concerns with the original lease
(which was signed by the applicant) and to come into an agreement, he would not
allow another Conditional Use Permit.
• He lives there and cannot have traffic all hours of the day or night.
• Because he sold the business to the applicants, he supports their efforts
to operate the business within agreed upon parameters, however his attorney has
advised him of problems with the original agreement.
• He hopes the current problems can be resolved and a Conditional Use
Permit may be requested in the future.
• When he owned the business, they ran one business at a time out of the
facility and had control of the property; it was his understanding, under the current
Conditional Use Permit his tenants could have five or six companies subleased and
working there without his knowledge; and, he feels there has been a breakdown of
communication and thought athird-party moderator could assist in resolving the
issue.
Christin Leckwee, 405 Birch Street, Kenai, Alaska - Ms. Leckwee stated:
• She is part-owner of the Family Table.
• When they leased the building they were understood it was a commercial
building.
• There were never any concerns stated about traffic.
• When they signed the lease, they understood they could operate the
business to make money even if it increased traffic flow.
Public hearing was closed at 7:23 p.m.
Bryson asked if the staff recommendation to not approve the application was also the
opinion of the City Attorney and Kebschull replied it was.
VOTE:
Romain Abstain Amen No B son No
Chase Abstain Eldrid e Yes Jenckes No
Twait No
MOTION FAILED.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 5
Amen explained anyone wishing to appeal the decision could do so in writing to the
City Clerk within 15 days.
5-b. PZ06-11 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that KMC 14.20.290
be amended to clarify which issues may be appealed to the Board of
Adjustment and setting forth rules regarding who has standing to bring
appeals.
Kebschull explained the purpose of the resolution.
MOTION:
Commissioner Eldridge MOVED to approve PZ06-11 and Commissioner Chase
SECONDED the motion.
Amen opened the public hearing at 7:26 p.m. There were no comments and the public
hearing was closed.
Eldridge thought this would provide more clarification. Council Member Ross noted,
Paragraph 5, under A would make changes staff suggests and the Commission should
be aware it would change it so the appeals process would only occur in areas where
they have final decision making authority.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS
6-A. PZ06-08-An application for a Conditional Use Permit for anOff-Site
Catering Business for the property described as KN T06N R 11 W S 34
NW 1 /4 SW 1 / 4 SW 1 / 4 NE 1 /4 (601 Davidson Street), Kenai, Alaska.
Application submitted by Robin BeDunnah dba as Heavenly Delights,
P.O. Box 2676, Kenai, Alaska. Postponed from January 25, 2006.
Application was withdrawn by applicant.
6-b. Notice to reconsider - PZ06-O1 - An application to rezone parcels
located between Ross Street 8~ North Fern Street as shown on
Attachment A (on file) from Rural Residential and General Commercial to
Limited Commercial. Application submitted by John Hammelman,
Chair, Planning 8s Zoning Commission, City of Kenai, 210 Fidalgo
PLANNING 8v ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 6
Avenue, Kenai, Alaska. (Reconsideration request given by Commissioner
Eldridge) .
Kebschull explained, she confirmed with the City Clerk and City Attorney the
reconsideration could take place with a motion from Commissioner Eldridge, a second,
and a passing vote by the Commission. If the motion to reconsider is approved the
Commission will be considering the original motion.
MOTION:
Commissioner Eldridge MOVED to reconsider PZ06 and Commissioner Twait
SECONDED the motion.
Eldridge explained, after reviewing the verbatim provided, he found he had voted
opposite of what he had intended. Eldridge added, he thought the Commission agreed
to exclude only the lots in the residential/subdivision sections because they were all
residential and on subdivision streets and it was his intention to leave those lots
across the street on the east side of the Kenai Spur Highway as Limited Commercial.
Amen thought his attempt for clarification may have done the opposite; he had made a
statement using Shell Drive as a marking point as far as north to south.
VOTE ON MOTION TO RECONSIDER:
Romain Yes Amen Yes B son No
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED.
AMENDED MOTION:
Commissioner Eldridge MOVED to approve PZ06-O1 and Commissioner Chase
SECONDED the motion.
Eldridge stated:
• He is very much in favor the Limited Commercial Zone and most of the
testimony provided has been in favor of it as well.
• It was his intent to exclude the subdivision lots because they were the
ones that had complained and realistically they would not be developed commercially
on the Kenai Spur Highway.
• There was testimony in favor of leaving the Limited Commercial
designation on the streets on the east side of the Kenai Spur Highway from Ross Street
all the way past Shell Drive and all the way up to North Fern Street.
MOTION TO AMEND:
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 7
Commissioner Eldridge MOVED to amend the motion to exclude lots 500, 505, 615,
625, 635, 645, 655, 665, 4301, and 4080 on either side of Eagle Rock Drive from the
Limited Commercial Zone. Commissioner Romain SECONDED the motion.
Bryson asked if the exclusion was part of the main motion or the amended motion.
Amen clarified it was made as an amendment to the main motion.
Discussion took place regarding clarification of the specific lots to be excluded from
the Limited Commercial Zone and it was clarified the lots were on the west side. It
was also clarified the amendment would not include Lot 5263. Bryson stated the
motion would only addresses the west side of the highway.
VOTE ON AMENDED MOTION:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Commissioner Bryson MOVED to exclude parcels lying east of Kenai Spur Highway
and south of Shell Drive from the Limited Commercial Zone. Commissioner Chase
SECONDED the motion.
Bryson explained:
• He felt the small lots had already been created and the rezone could
cause a situation where a business park could be developed in the area and the
residential area behind it would be affected.
• He felt it would not be an appropriate zone for the area.
• Noted the area was currently zoned Rural Residential and available for
conditional use applications.
Eldridge noted again that the testimony received earlier was in favor of keeping the
area zoned Limited Commercial and there had been an appeal filed after the last
meeting to keep the area Limited Commercial.
Bryson asked staff if the owners of the parcels provided comments regarding the
rezone. Kebschull replied they had not.
VOTE ON AMENDED MOTION:
Romain No Amen Yes B son Yes
Chase No Eldrid e No Jenckes No
Twait No
PLANNING 8s ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 8
MOTION FAILED.
VOTE ON MAIN MOTION AS AMENDED:
Romain Yes Amen No B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED.
ITEM ?: NEW BUSINESS
7-a. Lease Application -Mark E. Lockwood d/b/a Kenai Self-Storage/Tract
B, Gusty Subdivision No. 2 -Discussion and Recommendation
Kebschull reviewed the memorandum included in the packet regarding the lease
application and noted it appeared the proposed lease would comply with the City's
zoning ordinance, Comprehensive Plan, Airport Master Plan and would be the highest
and best use for the parcels.
MOTION:
Commissioner Eldridge MOVED to recommend City Council approve the lease
application and Commissioner Romain SECONDED the motion.
Discussion followed and Kebschull offered clarification of questions asked, including:
• The parcels were included in the overlay.
• The City could place any special requirement on the lease, but the
applicant would have to follow City requirements for landscaping, etc. and the City is
in the process of updating the landscaping ordinance.
• The Commission could make any recommendations to City Council.
• The term of the lease requires Phase I to be complete in two years.
• A 55-year lease is normal, however discussions have take place related to
changing lease terms to 30 to 35 years though no amendments had been approved.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 8:
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 9
8-a. PZ05-16 - An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning 8~ Zoning
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda for the
February 1 meeting was included in the packet.
10-b. Borough Planning - No report.
10-c. Administration -- Kebschull reported the following:
• She reminded the Commission of the training scheduled in Anchorage on
March 3.
• The landscaping ordinance will be introduced at Council and a public
hearing will be scheduled for the next Commission meeting. The recommendation is
to remove the landscaping section from the Limited Commercial Zone and include all
landscaping requirements in KMC 14.25.
• There will be a public hearing removing Footnote 10 from the Land Use
Category on churches.
ITEM II: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 12: INFORMATION ITEMS
12-a. Letter accepting Commissioner Hammelman's resignation
12-b. Zoning Bulletin (1 / 10 / 06)
ITEM 13: COMMISSION COMMENTS & QUESTIONS
Commissioner Jenckes stated he was glad to be on the Commission.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:10 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 10
4a
STAFF REPORT
To: Planning & Zoning Commission
Date: February 6, 2006
Res: PZ06-14
GENERAL INFORMATION
Applicant: Whitford Surveying 260-9092
P.O. Box 4032
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat -McKinley Subd. No. Two
Legal Description: A re-subdivision of Lots 79-A & 79-B McKinley Subdivision located
within the NE 1/a SE'/4 Sec 31, T6N, R11W, SM, AK
Street Address: 306 & 308 Birch Street
KPB Parcel No.: 04309046 & 04309045
Existing Zoning: RS -Suburban Residential
Current Land Use: Residential
Land Use Plan: Neighborhood Residential
ANALYSIS
Lot removes a lot line to create one lot. The resulting lot meets the lot size requirements for
the Suburban Residential zone. City water and sewer serve the property. There is currently a
four-plex on each of these properties. Removing the lot line will eliminate anon-conforming
structure on the current Lot 79-E wherein a structure was built across a lot line.
City En i~neer:
No other issues.
Building Official:
By removing this lot line it will eliminate a building code violation.
RECOMMENDATIONS
Plat removes a lot line to create one lot from two lots. City water and sewer serve these lots.
The plat will eliminate anon-conforming structure on Lot 79E. Recommend approval with
the following requirement:
1. Correct street name from Birch Drive to Birch Street.
ATTACHMENTS:
1. Resolution No. PZ06-14
2. Preliminary Plat
<t ~'~' ~. CITY OF KENAI
-~~' PLANNING AND ZONING COMMISSION
--~ ~ RESOLUTION NO. PZ06-14
tl~eclfj~of SUBDIVISION PLAT
KENA~ SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat McKinley Subd. No. Two was referred to the City of Kenai
Planning and Zoning Commission on February 6, 2006 and received from Whitford Surve~g,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RS -Suburban Residential and therefore subject to said zone conditions.
2. Water and sewer: Available.
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are not correct.
9. CONTINGENCIES:
a. Correct street name to read Birch Street.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVES MCKINLEY SUBD. NO. TWO SUBJECT TO
ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, February 22, 2006.
CHAIRPERSON:
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KENA~ SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE LAND USE TABLE
IN KMC 14.22.010 BE AMENDED TO REMOVE FOOTNOTE 10 FROM THE LAND USE
CATEGORY OF "CHURCHES" IN THE CENTRAL COMMERCIAL (CC) AND GENERAL
COMMERCIAL (GC) ZONES IN THE LAND USE TABLE AND CHANGING "CHURCHES"
FROM A CONDITIONAL USE TO A PRINCIPAL PERMITTED USE IN THE LIGHT
INDUSTRIAL ZONE (IL).
WHEREAS, the Land Use Table is inconsistent because it applies Footnote 10 to the land use
category of "Churches" in the Central Commercial (CC) and General Commercial (CG) but not
in the Limited Commercial (LC) zone; and
WHEREAS, Footnote 10 requires a 30-foot setback to any adjoining street or property line,
which is excessive for aoommercial-type occupancy in commercial zones such as GC and CC;
and
WHEREAS, churches are a conditional use in the Light Industrial zone (IL) and a principal
permitted use in the other commercial zones; and
WHEREAS, the Light Industrial zone is very similar to the other commercial zones in the Kenai
Zoning Code; and
WHEREAS, amending the Land Use Table to remove Footnote 10 from the land use designation
of "Churches" for the CC and CG zones and changing "Churches" from a conditional use to a
principal permitted use in the IL zone would make the requirements consistent in the
commercial-type zones and is in the best interest of the City.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended by eliminating
Footnote 19 from the Land Use Table in KMC 14.22.010 as shown in attached Exhibit A.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 22nd day of February, 2006.
CHAIRMAN
ATTEST:
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KENA~ SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-15
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE EXISTING
LANDSCAPING/SITE PLAN REGULATIONS AT KMC 14.25 AND 14.20.115(1) BE
REPEALED AND REPLACED WITH A NEW KMC 14.25 (LANDSCAPING/SITE PLAN
REGULATIONS).
WHEREAS, site plans provide for orderly and safe development of the City by protecting the
health, safety and welfare of its citizens, provide for adequate and convenient open spaces, light
and air and avoid congestion of commercial and industrial areas; and
WHEREAS, landscaping plans provide for landscaping and/ or the retention of natural vegetation
in conjunction with commercial and industrial development within the City of Kenai; and
WHEREAS, the general purpose of landscaping is to visually enhance the City's appearance,
provide attractive and functional separation and screening between uses and reduce erosion and
storm runoff; and
WHEREAS, the Kenai Comprehensive Plan recommends revising landscaping standards to
promote siting and design of land uses that are in harmony and scale with surrounding uses and
minimizes impact on established neighborhoods from incompatible, non-residential uses, and to
ensure adequate landscaping and buffering between commercial uses and the highway; and
WHEREAS, the existing landscaping/site plan requirements in the Limited Commercial (LC)
Zone in KMC 14.20.105 should be replaced by the new landscaping/site plan requirements in
KMC 14.25; and
WHEREAS, the existing landscaping/site plan requirements in KMC 14.25 are outdated and
need replacement.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended as follows:
PZ06-13
Page 2
SECTION I.
The existing KMC 14.25 is repealed and replaced by the new KMC 14.25 as
shown in Attachment A.
SECTION II.
KMC 14.20.115(1) is amended as shown in Attachment B.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 22nd day of February, 2006.
CHAIRMAN
ATTEST:
Chapter 14.25
LANDSCAPING/SITE PLAN REGULATIONS
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of
the City commensurate with protecting the health, safety and welfare of its citizens, and adequate
and convenient open spaces, light and air, in order to avoid congestion of commercial and
industrial areas.
(b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the
retention of natural vegetation in conjunction with commercial and industrial development
within the City of Kenai. The general purpose of landscaping is to visually enhance the City's
appearance, provide attractive and functional separation and screening between uses and reduce
erosion and storm runoff.
14.25.015 Landscaping site plan.
Submittal of a preliminary landscaping/site plan and approval by the Administrative
Official is required prior to any land clearing and/or tree cutting.
14.25.020 Application.
This chapter shall apply to all commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial
development" and "all development" shall be defined as any improvements requiring a building
permit for new construction or any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage, located on properties within the Central Commercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (IL) and Education (ED) zoning districts or a change of use as required in KMC
14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure,
building, fence or improvement, including landscaping, parking and other facilities on property
requiring alandscape/site plan unless such improvements are constructed or reconstructed in a
manner consistent with the approved plan.
Properties zoned residential are exempt from this chapter with the following exceptions:
1. Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal
Code located in residential zones requiring a building permit for new construction or
any improvements of twenty thousand dollars ($20,000) or more, which adds square
footage or a change of use as required in KMC 14.20.250 (a).
2. No owner, occupant, or other person may remove overburden or natural low-growing
vegetated ground coverage from an unimproved residential lot without an approved
landscaping plan. An approved landscaping plan providing for ground coverage
and/or landscaping must be approved by the Administrative Official prior to removal
of overburden or natural low growing vegetated ground coverage and must be
completed within two years.
PZ06-13 Attachment A
Page 1 of 4
14.25.030 Landscaping/site plan-Submittal requirements.
One copy of the landscaping/site plan (eleven inches (11") by fourteen inches (14") size)
shall be submitted for approval to the Administrative Official prior to the issuance of a building
permit. If approved, a zoning permit shall be issued and on file in the Planning Department and
the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum
scale of one inch (1") equals twenty feet (20') and shall include the following information:
(a) Common or scientific name of the planting materials to be used in the project;
(b) Typical planting details;
(c) Location of all planting areas and relationship to buildings, parking areas and
driveways;
(d) Identification and location of existing vegetation to be retained;
(e) Identification and location ofnon-living landscaping materials to be used;
(f) Identification of on-site snow storage areas;
(g) Drainage patterns;
(h) Description of buildings, including building height and ground floor dimensions;
(i) Physical features of the property including location of all buildings, ingress and
egress, any unusual features of the property which may restrict development or
drainage.
14.25.040 Landscaping plan-Performance criteria.
(a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety
of techniques for achieving the intent of this section. The appropriate placement or retention of
vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-
way, and parking lot landscaping should be included as components of the overall landscaping
plan.
(b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate
and minimize the impact between adjacent uses. Buffer landscaping maybe desirable along the
perimeter of the property to shield vehicular or building lights from adjacent structures and to
provide a visual separation between pedestrians and vehicles. Landscaping adjacent to
residential zones shall have landscaping beds that meet all of the following minimum standards:
1. Landscaping beds -Minimum of 10 feet in width along all property lines, which
adjoin residential zones, exclusive of driveways and other ingress and egress
openings. A 6-feet high wood fence or masonry wall maybe used in place of 5 feet
of the required bed width.
2. Ground cover - 100 percent within 3 years of planting and continuous maintenance
so there will be no exposed soil. Flower beds maybe considered ground cover.
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping
beds.
(c) Interior Landscaping involves those areas of the property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
PZ06-13 Attachment A
Page 2 of 4
driveways and streets within the site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or
within all parking lots and associated access drives. Parking lot landscaping serves to provide
visual relief between vehicle parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian circulation patterns.
(e) Street right-of--way landscaping softens the impact of land uses along street rights-of-
way, but does not obscure land uses from sight. Landscaping beds must meet all of the
following minimum standards; except where properties are adjacent to State of Alaska rights-of-
way, the Administrative Officer may approve alternatives, which meet the intent of this section
but protect landscaping from winter maintenance damage.
1. Landscaping beds -Minimum of 10 feet in width along the entire length of the
property lines which adjoin street rights-of--way, exclusive of driveways and other
ingress and egress openings;
2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of
planning and continuous maintenance so there will be no exposed soil;
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping
beds.
(f) Review. The Administrative Official may consider plans for amendments if problems
arise in carrying out the landscaping/site plan as originally approved.
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a variety of techniques for achieving the
intent of this chapter. The appropriate placement or retention and improvements of buildings,
parking lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare
of citizens.
(c) Special Permits. The site plan shall list any special permits or approvals which maybe
required for completion of the project.
(d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250.
1. Paving is required when "commercial development" requiring a building permit
valued at fifty thousand dollars ($50,000) or more for new construction or any
improvements which adds square footage valued at fifty-thousand dollars ($50,000)
or more and the property is located between Evergreen Drive and McCollum
Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter.
2. Exception to this requirement:
(i) Properties zoned Heavy Industrial are exempt from the paving requirement.
(e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced
on the site plan shall be compatible with the surrounding area.
(fj Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood
or concrete. The Administrative Official may approve other construction materials.
PZ06-13 Attachment A
Page 3 of 4
14.25.050 Approval.
Unless extended for good cause, the Administrative Official shall review and take action
on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building
Official shall issue a building permit upon approval of the associated landscaping/site plan
providing all of the other requirements for the issuance of a building permit have been met. Any
appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290.
14.25.060 Completion-Landscaping plan.
All required landscaping as presented in the approved landscaping plan shall be installed
prior to the issuance of the certificate of occupancy. In the event that the landscaping has not
been completed upon request for the certificate of occupancy, the Building Official may grant a
temporary certificate not to exceed nine (9) months.
14.25.065 Completion-Site plan.
All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as
approved by both developer and the Administrative Official. All restrictions cited in Section
14.25.060 shall apply to this chapter.
1. The Building Official may issue a temporary certificate of occupancy not to exceed 2
years to complete the required parking lot paving.
14.25.070 Modifications.
Whenever there are practical difficulties in carrying out the provisions of this chapter, the
Administrative Official may grant minor modifications for individual cases, provided the
Administrative Official finds that a special individual reason makes the strict letter of this
ordinance impractical and that the modification is in conformity with the intent and purposes of
this ordinance.
14.25.080 Expiration.
If construction of the project has not started within 180 days of approval of the
landscaping/site plan, the approval shall lapse unless extended for good cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260.
14.25.100 Definition-Landscaping.
"Landscaping" means the treatment of the ground surface with live planting materials,
including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural
material. Other materials such as wood chips, stone, or decorative rock may also be utilized.
PZ06-13 Attachment A
Page 4 of 4
14.20.115 Limited Commercial Zone (LC Zone).
(a) Intent: The LC Zone is established to provide transition areas between
commercial and residential districts by allowing low to medium volume business,
mixed residential and other compatible uses which complement and do not
materially detract from the uses allowed with adjacent districts.
(b) Principal Permitted Uses: As allowed in Land Use Table as long as the
footprint of the building does not exceed three thousand (3,000) square feet.
(c) Conditional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see definitions section).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirement: As described in this chapter.
(g) Parking Requirements: As required by this chapter.
(h) Outside storage is allowed for display purposes only unless the storage is in
an area enclosed by asight-obscuring fence.
(i) Landscaping/Site plans: As required in KMC 14.25.
[(1) INTENT. TO PROVIDE FOR ORDERLY AND SAFE DEVELOPMENT
AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND
SCREENING BETWEEN USES.
(2) LANDSCAPING/SITE PLANS. AS REQUIRED IN KMC 14.25.030.
(3) APPLICATION SHALL APPLY TO ALL DEVELOPMENT OF
TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE AND SHALL
APPLY TO BOTH LANDSCAPING AND SITE PLANS. "ALL
DEVELOPMENT" SHALL BE DEFINED AS ANY IMPROVEMENTS
REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY
IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR
MORE, WHICH ADDS SQUARE FOOTAGE. IT ALSO APPLIES TO CHANGE
OF USE FROM RESIDENTIAL TO COMMERCIAL USE. PRE-EXISTING
RESIDENTIAL USES SHALL BE EXEMPT FROM THIS REQUIREMENT.
(4) LANDSCAPING/SITE PLAN. SUBMITTAL OF A PRELIMINARY
LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE
OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE
CUTTING.
Resolution PZ06-13
Attachment B
Page 1 of 4
(5) LANDSCAPING PLAN -PERFORMANCE CRITERIA.
(i) OBJECTIVES FOR LANDSCAPING PLAN. AN EFFECTIVE
LANDSCAPING PLAN SHOULD UTILIZE A VARIETY OF TECHNIQUES
FOR ACHIEVING THE INTENT OF THIS SECTION. THE APPROPRIATE
PLACEMENT OR RETENTION OF VEGETATION IN SUFFICIENT AMOUNT
WILL PROVIDE THE BEST RESULTS. PERIMETER, INTERIOR, STREET
RIGHT-OF-WAY, AND PARKING LOT LANDSCAPING SHOULD BE
INCLUDED AS COMPONENTS OF THE OVERALL LANDSCAPING PLAN.
(ii) PERIMETER/BUFFER LANDSCAPING. PERIMETER/BUFFER
LANDSCAPING INVOLVES THE LAND AREAS ADJACENT TO THE LOT
LINES WITHIN THE PROPERTY BOUNDARY. THIS BUFFER
LANDSCAPING SERVES TO SEPARATE AND MINIMIZE THE IMPACT
BETWEEN ADJACENT USES. LANDSCAPING ADJACENT TO
RESIDENTIAL DISTRICTS SHALL HAVE LANDSCAPING BEDS WHICH
MEET ALL OF THE FOLLOWING MINIMUM STANDARDS:
(A) LANDSCAPING BEDS. MINIMUM OF TEN FEET (IO') IN WIDTH
ALONG ALL PROPERTY LINES, WHICH ADJOIN RESIDENTIAL DISTRICT,
EXCLUSIVE OF DRIVEWAYS AND OTHER INGRESS AND EGRESS
OPENINGS. A SIX FOOT (6') HIGH WOOD FENCE OR MASONRY WALL
MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED
WIDTH.
(B) GROUND COVER. ONE HUNDRED PERCENT (100%) WITHIN
THREE (3) YEARS OF PLANTING AND CONTINUOUS MAINTENANCE SO
THERE WILL BE NO EXPOSED SOIL.
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BE INCLUDED IN THE LANDSCAPING BEDS.
(III) INTERIOR LANDSCAPING INVOLVES THOSE AREAS OF THE
PROPERTY EXCLUSIVE OF THE PERIMETER AND PARKING LOT AREAS.
INTERIOR LANDSCAPING IS DESIRABLE TO SEPARATE USES OR
ACTIVITIES WITHIN THE OVERALL DEVELOPMENT. SCREENING OR
VISUAL ENHANCEMENT LANDSCAPING IS RECOMMENDED TO ACCENT
OR COMPLEMENT BUILDINGS, TO IDENTIFY AND HIGHLIGHT.
ENTRANCES TO THE SITE, AND TO PROVIDE FOR ATTRACTIVE
DRIVEWAYS AND STREETS WITHIN THE SITE. LANDSCAPING MAY
INCLUDE LANDSCAPING BEDS, TREES, AND SHRUBS.
(iv) STREET RIGHT-OF-WAY LANDSCAPING SOFTENS THE IMPACT
OF LAND USES ALONG STREET RIGHTS-OF-WAY, BUT DOES NOT
OBSCURE LAND USES FROM SIGHT. LANDSCAPING BEDS MUST MEET
ALL OF THE FOLLOWING MINIMUM STANDARDS; EXCEPT WHERE
Resolution PZ06-13 Attachment B
Page 2 of 4
PROPERTIES ARE ADJACENT TO STATE OF ALASKA RIGHTS-OF-WAY,
THE ADMINISTRATIVE OFFICER MAY APPROVE ALTERNATIVES,
WHICH MEET THE INTENT OF THIS SECTION BUT PROTECT
LANDSCAPING FROM WINTER MAINTENANCE DAMAGE.
(A) LANDSCAPING BEDS. MINIMUM OF TEN FEET (10') IN WIDTH
ALONG THE ENTIRE LENGTH OF THE PROPERTY LINES WHICH ADJOIN
STREET RIGHTS-OF-WAY, EXCLUSIVE OF DRIVEWAYS AND OTHER
INGRESS AND EGRESS OPENINGS;
(B) GROUND COVER. ONE HUNDRED PERCENT (100%) GROUND
COVER OF THE LANDSCAPING BED WITHIN THREE (3) YEARS OF
PLANNING AND CONTINUOUS MAINTENANCE SO THERE WILL BE NO
EXPOSED SOIL;
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BE INCLUDED IN THE LANDSCAPING BEDS.
(V) PARKING LOT LANDSCAPING. PARKING LOT LANDSCAPING
INVOLVES THE LAND AREAS ADJACENT TO OR WITHIN ALL PARKING
LOTS AND ASSOCIATED ACCESS DRIVES. PARKING LOT LANDSCAPING
SERVES TO PROVIDE VISUAL RELIEF BETWEEN VEHICLE PARKING
AREAS AND THE REMAINDER OF THE DEVELOPMENT. IT ALSO IS
DESIIZABLE FOR THE PURPOSE OF IMPROVING VEHICULAR AND
PEDESTRIAN CIRCULATION PATTERNS.
(VI) REVIEW. THE ADMINISTRATIVE OFFICIAL MAY RECONSIDER
PLANS FOR AMENDMENTS AFTER THEY HAVE BEEN APPROVED IF
PROBLEMS ARISE IN CARRYING OUT THE LANDSCAPING/SITE PLAN AS
ORIGINALLY APPROVED.
(6) SITE PLAN-PERFORMANCE CRITERIA.
(i) OBJECTNES. AN EFFECTIVE SITE PLAN SHOULD UTILIZE A
VARIETY OF TECHNIQUES FOR ACHIEVING THE INTENT OF THIS
CHAPTER. THE APPROPRIATE PLACEMENT OR RETENTION AND
IMPROVEMENTS OF BUILDINGS, PARKING LOTS, ETC. SHOULD BE
CONSIDERED IN THE SITE PLAN.
(ii) BUILDINGS. THE USE IS TO BE COMPATIBLE WITH THE
SURROUNDING PROPERTIES, LAND USE PLAN, AND NOT BE
HAZARDOUS TO THE HEALTH, SAFETY AND WELFARE OF CITIZENS.
(III) SPECIAL PERMITS. THE SITE PLAN SHALL LIST ANY SPECIAL
PERMITS OR APPROVALS, WHICH MAY BE REQUIRED FOR
COMPLETION OF THE PROJECT.
Resolution PZ06-13 Attachment B
Page 3 of 4
(iv) PARKING LOTS. PARKING LOTS REFERENCED ON THE SITE
PLAN SHALL COMPLY WITH KMC 14.20.250.
(A) PAVING IS REQUIRED WHEN "COMMERCIAL DEVELOPMENT"
OF FIFTY THOUSAND DOLLARS ($50,000.00) OR MORE REQUIRING A
BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS
WHICH ADDS SQUARE FOOTAGE.
(v) SNOW STORAGE/REMOVAL AND DRAINAGE. SNOW
STORAGE/REMOVAL AND DRAINAGE MUST BE IDENTIFIED ON THE
SITE PLAN AND SHALL BE COMPATIBLE WITH THE SURROUNDING
AREA.
(vi) DUMPSTERS. DUMPSTERS MUST BE SCREENED WITH ASIGHT-
OBSCURING STRUCTURE MADE OF WOOD OR CONCRETE. OTHERS
CONSTRUCTION MATERIALS MAY BE APPROVED BY THE
ADMINISTRATIVE OFFICIAL.
(7) APPROVAL. AS REQUIRED IN KMC 14.25.050.
(8) COMPLETION-LANDSCAPING PLAN. AS REQUIRED 1N KMC
14.25.060.
(9) COMPLETION-SITE PLAN. AS REQUIRED IN KMC 14.25.065.
(i) THE BUILDING OFFICIAL MAY ISSUE A TEMPORARY
CERTIFICATE OF OCCUPANCY NOT TO EXCEED TWO (2) YEARS TO
COMPLETE THE REQUIRED PARKING LOT PAVING.
(10) MODIFICATIONS. AS REQUIRED IN KMC 14.25.070.
(11) EXPIRATION. AS REQUIRED IN KMC 14.25.080.
(12) PENALTIES. AS REQUIRED IN KMC 14.25.090.
(13) DEFINITION-LANDSCAPING. AS DEFINED IN KMC 14.25.100.]
Resolution PZ06-13 Attachment B
Page 4 of 4
Suggested by: Planning & Zoning
CITY OF KENAI
ORDINANCE NO. 2148-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING LANDSCAPING/SITE PLAN REGULATIONS AT KMC 14.25 AND
14.20.115(1) AND REPLACING IT WITH A NEW KMC 14.25 (LANDSCAPING/SITE PLAN
REGULATIONS).
WHEREAS, site plans provide for orderly and safe development of the City by
protecting the health, safety and welfare of its citizens, provide for adequate and
convenient open spaces, light and air and avoid congestion of commercial and
industrial areas; and
WHEREAS, landscaping plans provide for landscaping and/ or the retention of natural
vegetation in conjunction with commercial and industrial development within the City
of Kenai; and
WHEREAS, the general purpose of landscaping is to visually enhance the City's
appearance, provide attractive and functional separation and screening between uses
and reduce erosion and storm runoff; and
WHEREAS, the Kenai Comprehensive Plan recommends revising landscaping
standards to promote siting and design of land uses that are in harmony and scale
with surrounding uses and minimizes impact on established neighborhoods from
incompatible, non-residential uses, and to ensure adequate landscaping and buffering
between commercial uses and the highway; and
WHEREAS, the existing landscaping/site plan requirements in the Limited
Commercial (LC) Zone in KMC 14.20.105 should be replaced by the new
landscaping/site plan requirements in KMC 14.25; and
WHEREAS, the existing landscaping/site plan requirements in KMC 14.25 are
outdated and need replacement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
SECTION I.
The existing KMC 14.25 is repealed and replaced by the new KMC 14.25
as shown in Attachment A.
SECTION II.
KMC 14.20.115(1) is amended as shown in Attachment B.
Ordinance No. 2148-2006
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1St day of March
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: April 1, 2006
Chapter 14.25
LANDSCAPING/SITE PLAN REGULATIONS
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of
the City commensurate with protecting the health, safety and welfare of its citizens, and adequate
and convenient open spaces, light and air, in order to avoid congestion of commercial and
industrial areas.
(b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the
retention of natural vegetation in conjunction with commercial and industrial development
within the City of Kenai. The general purpose of landscaping is to visually enhance the City's
appearance, provide attractive and functional separation and screening between uses and reduce
erosion and storm runoff.
14.25.015 Landscaping/site plan.
Submittal of a preliminary landscaping/site plan and approval by the Administrative
Official is required prior to any land clearing and/or tree cutting.
14.25.020 Application.
This chapter shall apply to all commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial
development" and "all development" shall be defined as any improvements requiring a building
permit for new construction or any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage, located on properties within the Central Commercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (IL) and Education (ED) zoning districts or a change of use as required in KMC
14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure,
building, fence or improvement, including landscaping, parking and other facilities on property
requiring alandscape/site plan unless such improvements are constructed or reconstructed in a
manner consistent with the approved plan.
Properties zoned residential are exempt from this chapter with the following exceptions:
1. Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal
Code located in residential zones requiring a building permit for new construction or
any improvements of twenty thousand dollars ($20,000) or more, which adds square
footage or a change of use as required in KMC 14.20.250 (a).
2. No owner, occupant, or other person may remove overburden or natural low-growing
vegetated ground coverage from an unimproved residential lot without an approved
landscaping plan. An approved landscaping plan providing for ground coverage
and/or landscaping must be approved by the Administrative Official prior to removal
of overburden or natural low growing vegetated ground coverage and must be
completed within two years.
Ordinance No. 2148-2006 Attachment A
Page 1 of 4
14.25.030 Landscaping/sitepian-Submittal requirements.
One copy of the landscaping/sitepian (eleven inches (11") by fourteen inches (14") size)
shall be submitted for approval to the Administrative Official prior to the issuance of a building
permit. If approved, a zoning permit shall be issued and on file in the Planning Department and
the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum
scale of one inch (1") equals twenty feet (20') and shall include the following information:
(a) Common or scientific name of the planting materials to be used in the project;
(b) Typical planting details;
(c) Location of all planting areas and relationship to buildings, parking areas and
driveways;
(d) Identification and location of existing vegetation to be retained;
(e) Identification and location ofnon-living. landscaping materials to be used;
(f) Identification of on-site snow storage areas;
(g) Drainage patterns;
(h) Description of buildings, including building height and ground floor dimensions;
(i) Physical features of the property including location of all buildings, ingress and
egress, any unusual features of the property which may restrict development or
drainage.
14.25.040 Landscaping plan-Performance criteria.
(a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety
of techniques for achieving the intent of this section. The appropriate placement or retention of
vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-
way, and parking lot landscaping should be included as components of the overall landscaping
plan.
(b) Perimeter/Buffer Landscaping. Perimeter/bufferiandscaping involves the land areas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate
and minimize the impact between adjacent uses. Buffer landscaping maybe desirable along the
perimeter of the property to shield vehicular or building lights from adjacent structures and to
provide a visual separation between pedestrians and vehicles. Landscaping adjacent to
residential zones shall have landscaping beds that meet all of the following minimum standards:
1. Landscaping beds -Minimum of 10 feet in width along all property lines, which
adjoin residential zones, exclusive of driveways and other ingress and egress
openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet
of the required bed width.
2. Ground cover - 100 percent within 3 years of planting and continuous maintenance
so there will be no exposed soil. Flower beds maybe considered ground cover.
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping
beds.
(c) Interior Landscaping involves those areas of the property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
Ordinance No. 2148-2006 Attachment A
Page 2 of 4
driveways and streets within the site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to.or
within all parking lots and associated access drives. Parking lot landscaping serves to provide
visual relief between vehicle parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian circulation patterns.
(e) Street right-of--way landscaping softens the impact of land uses along street rights-of-
way, but does not obscure land uses from sight. Landscaping beds must meet all of the
following minimum standards; except where properties are adjacent to State of Alaska rights-of-
way, the Administrative Officer may approve alternatives, which meet the intent of this section
but protect landscaping from winter maintenance damage.
1. Landscaping beds -Minimum of 10 feet in width along the entire length of the
property lines which adjoin street rights-of--way, exclusive of driveways and other
ingress and egress openings;
2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of
planning and continuous maintenance so there will be no exposed soil;
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping
beds.
(f) Review. The Administrative Official may consider plans for amendments if problems
arise in carrying out the landscaping/site plan as originally approved.
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a variety of techniques for achieving the
intent of this chapter. The appropriate placement or retention and improvements of buildings,
parking lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare
of citizens.
(c) Special Permits. The site plan shall list any special permits or approvals which maybe
required for completion of the project.
(d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250.
1. Paving is required when "commercial development" requiring a building permit
valued at fifty thousand dollars ($50,000) or more for new construction or any
improvements which adds square footage valued at fifty-thousand dollars ($50,000)
or more and the property is located between Evergreen Drive and McCollum
Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter.
2. Exception to this requirement:
(i) Properties zoned Heavy Industrial are exempt from the paving requirement.
(e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced
on the site plan shall be compatible with the surrounding area.
(f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood
or concrete. The Administrative Official may approve other construction materials.
__ __
Ordinance No. 2148-2006 Attachment A
Page 3 of 4
14.25.050 Approval.
Unless extended for good cause, the Administrative Official shall review and take action
on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building
Official shall issue a building permit upon approval of the associated landscaping/site plan
providing all of the other requirements for the issuance of a building permit have been met. Any
appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290.
14.25.060 Completion-Landscaping plan.
All required landscaping as presented in the approved landscaping plan shall be installed
prior to the issuance of the certificate of occupancy. Tn the event that the landscaping has not
been completed upon request for the certificate of occupancy, the Building Official may grant a
temporary certificate not to exceed nine (9) months.
14.25.065 Completion-Site plan.
All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as
approved by both developer and the Administrative Official. All restrictions cited in Section
14.25.060 shall apply to this chapter.
1. The Building Official may issue a temporary certificate of occupancy not to exceed 2
years to complete the required parking lot paving.
14.25.070 Modifications.
Whenever there are practical difficulties in carrying out the provisions of this chapter, the
Administrative Official may grant minor modifications for individual cases, provided the
Administrative Official finds that a special individual reason makes the strict letter of this
ordinance impractical and that the modification is in conformity with the intent and purposes of
this ordinance.
14.25.080 Expiration.
If construction of the project has not started within 180 days of approval of the
landscaping/sitepian, the approval shall lapse unless extended for good cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260.
14.25.100 Definition-Landscaping.
"Landscaping" means the treatment of the ground surface with live planting materials,
including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural
material. Other materials such as wood chips, stone, or decorative rock may also be utilized.
Ordinance No. 2148-2006 Attachment A
Page 4 of 4
14.20.115 Limited Commercial Zone (LC Zone).
(a) Intent: The LC Zone is established to provide transition areas between
commercial and residential districts by allowing low to medium volume business,
mixed residential and other compatible uses which complement and do not
materially detract from the uses allowed with adjacent districts.
(b) Principal Permitted Uses: As allowed in Land Use Table as long as the
footprint of the building does not exceed three thousand (3,000) square feet.
(c) Conditional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see definitions section).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirement: As described in this chapter.
(g) Parking Requirements: As required by this chapter.
(h) Outside storage is allowed for display purposes only unless the storage is in
an area enclosed by asight-obscuring fence.
(i) Landscaping/Site lp ans: As required in KMC 14.25.
[(1) INTENT. TO PROVIDE FOR ORDERLY AND SAFE DEVELOPMENT
AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND
SCREENING BETWEEN USES.
(2) LANDSCAPING/SITE PLANS. AS REQUIRED IN KMC 14.25.030.
(3) APPLICATION SHALL APPLY TO ALL DEVELOPMENT OF
TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE AND SHALL
APPLY TO BOTH LANDSCAPING AND SITE PLANS. "ALL
DEVELOPMENT" SHALL BE DEFINED AS ANY IMPROVEMENTS
REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY
IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR
MORE, WHICH ADDS SQUARE FOOTAGE. IT ALSO APPLIES TO CHANGE
OF USE FROM RESIDENTIAL TO COMMERCIAL USE. PRE-EXISTING
RESIDENTIAL USES SHALL BE EXEMPT FROM THIS REQUIREMENT.
(4) LANDSCAPING/SITE PLAN. SUBMITTAL OF A PRELIMINARY
LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE
OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE
CUTTING.
Ordinance No.2148-2006 Attachment B
Page 1 of 4
(5) LANDSCAPING PLAN -PERFORMANCE CRITERIA.
(i) OBJECTIVES FOR LANDSCAPING PLAN. AN EFFECTIVE
LANDSCAPING PLAN SHOULD UTILIZE A VARIETY OF TECHNIQUES
FOR ACHIEVING THE INTENT OF THIS SECTION. THE APPROPRIATE
PLACEMENT OR RETENTION OF VEGETATION IN SUFFICIENT AMOUNT
WILL PROVIDE THE BEST RESULTS. PERIMETER, INTERIOR, STREET
RIGHT-OF-WAY, AND PARKING LOT LANDSCAPING SHOULD BE
INCLUDED AS COMPONENTS OF THE OVERALL LANDSCAPING PLAN.
(ii) PERIMETER/BUFFER LANDSCAPING. PERIMETER/BUFFER
LANDSCAPING INVOLVES THE LAND AREAS ADJACENT TO THE LOT
LINES WITHIN THE PROPERTY BOUNDARY. THIS BUFFER
LANDSCAPING SERVES TO SEPARATE AND MINIMIZE THE IMPACT
BETWEEN ADJACENT USES. LANDSCAPING ADJACENT TO
RESIDENTIAL DISTRICTS SHALL HAVE LANDSCAPING BEDS WHICH
MEET ALL OF THE FOLLOWING MINIMUM STANDARDS:
(A) LANDSCAPING BEDS. MINIMUM OF TEN FEET (10') IN WIDTH
ALONG ALL PROPERTY LINES, WHICH ADJOIN RESIDENTIAL DISTRICT,
EXCLUSIVE OF DRIVEWAYS AND OTHER INGRESS AND EGRESS
OPENINGS. A SIX FOOT (6') HIGH WOOD FENCE OR MASONRY WALL
MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED
WIDTH.
(B) GROUND COVER. ONE HUNDRED PERCENT (100%) WITHIN
THREE (3) YEARS OF PLANTING AND CONTINUOUS MAINTENANCE SO
THERE WILL BE NO EXPOSED SOIL.
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BE INCLUDED IN THE LANDSCAPING BEDS.
(III) INTERIOR LANDSCAPING INVOLVES THOSE AREAS OF THE
PROPERTY EXCLUSIVE OF THE PERIMETER AND PARKING LOT AREAS.
INTERIOR LANDSCAPING IS DESIRABLE TO SEPARATE USES OR
ACTIVITIES WITHIN THE OVERALL DEVELOPMENT. SCREENING OR
VISUAL ENHANCEMENT LANDSCAPING IS RECOMMENDED TO ACCENT
OR COMPLEMENT BUILDINGS, TO IDENTIFY AND HIGHLIGHT.
ENTRANCES TO THE SITE, AND TO PROVIDE FOR ATTRACTIVE
DRIVEWAYS AND STREETS WITHIN THE SITE. LANDSCAPING MAY
INCLUDE LANDSCAPING BEDS, TREES, AND SHRUBS.
(iv) STREET RIGHT-OF-WAY LANDSCAPING SOFTENS THE IMPACT
OF LAND USES ALONG STREET RIGHTS-OF-WAY, BUT DOES NOT
OBSCURE LAND USES FROM SIGHT. LANDSCAPING BEDS MUST MEET
ALL OF THE FOLLOWING MINIMUM STANDARDS; EXCEPT WHERE
Ordinance No.2148-2006 Attachment B
Page 2 of 4
PROPERTIES ARE ADJACENT TO STATE OF ALASKA RIGHTS-OF-WAY,
THE ADMINISTRATIVE OFFICER MAY APPROVE ALTERNATIVES,
WHICH MEET THE INTENT OF THIS SECTION BUT PROTECT
LANDSCAPING FROM WINTER MAINTENANCE DAMAGE.
(A) LANDSCAPING BEDS. MINIMUM OF TEN FEET (10') IN WIDTH
ALONG THE ENTIRE LENGTH OF THE PROPERTY LINES WHICH ADJOIN
STREET RIGHTS-OF-WAY, EXCLUSIVE OF DRIVEWAYS AND OTHER
INGRESS AND EGRESS OPENINGS;
(B) GROUND COVER. ONE HUNDRED PERCENT (100%) GROUND
COVER OF THE LANDSCAPING BED WITHIN THREE (3) YEARS OF
PLANNING AND CONTINUOUS MAINTENANCE SO THERE WILL BE NO
EXPOSED SOIL;
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BE INCLUDED IN THE LANDSCAPING BEDS.
(V) PARKING LOT LANDSCAPING. PARKING LOT LANDSCAPING
INVOLVES THE LAND AREAS ADJACENT TO OR WITHIN ALL PARKING
LOTS AND ASSOCIATED ACCESS DRIVES. PARKING LOT LANDSCAPING
SERVES TO PROVIDE VISUAL RELIEF BETWEEN VEHICLE PARKING
AREAS AND THE REMAINDER OF THE DEVELOPMENT. IT ALSO IS
DESIRABLE FOR THE PURPOSE OF IMPROVING VEHICULAR AND
PEDESTRIAN CIRCULATION PATTERNS.
(VI) REVIEW. THE ADMINISTRATIVE OFFICIAL MAY RECONSIDER
PLANS FOR AMENDMENTS AFTER THEY HAVE BEEN APPROVED IF
PROBLEMS ARISE IN CARRYING OUT THE LANDSCAPING/SITE PLAN AS
ORIGINALLY APPROVED.
(6) SITE PLAN-PERFORMANCE CRITERIA.
(i) OBJECTIVES. AN EFFECTIVE SITE PLAN SHOULD UTILIZE A
VARIETY OF TECHNIQUES FOR ACHIEVING THE INTENT OF THIS
CHAPTER. THE APPROPRIATE PLACEMENT OR RETENTION AND
IMPROVEMENTS OF BUILDINGS, PARKING LOTS, ETC. SHOULD BE
CONSIDERED IN THE SITE PLAN.
(ii) BUILDINGS. THE USE IS TO BE COMPATIBLE WITH THE
SURROUNDING PROPERTIES, LAND USE PLAN, AND NOT BE
HAZARDOUS TO THE HEALTH, SAFETY AND WELFARE OF CITIZENS.
(III) SPECIAL PERMITS. THE SITE PLAN SHALL LIST ANY SPECIAL
PERMITS OR APPROVALS, WHICH MAY BE REQUIRED FOR
COMPLETION OF THE PROJECT.
Ordinance No.2148-2006 Attachment B
Page 3 of 4
(iv) PARKING LOTS. PARKING LOTS REFERENCED ON THE SITE
PLAN SHALL COMPLY WITH KMC 14.20.250.
(A) PAVING IS REQUIRED WHEN "COMMERCIAL DEVELOPMENT"
OF FIFTY THOUSAND DOLLARS ($50,000.00) OR MORE REQUIRING A
BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS
WHICH ADDS SQUARE FOOTAGE.
(v) SNOW STORAGE/REMOVAL AND DRAINAGE. SNOW
STORAGE/REMOVAL AND DRAINAGE MUST BE IDENTIFIED ON THE
SITE PLAN AND SHALL BE COMPATIBLE WITH THE SURROUNDING
AREA.
(vi) DUMPSTERS. DUMPSTERS MUST BE SCREENED WITH ASIGHT-
OBSCURING STRUCTURE MADE OF WOOD OR CONCRETE. OTHERS
CONSTRUCTION MATERIALS MAY BE APPROVED BY THE
ADMINISTRATIVE OFFICIAL.
(7) APPROVAL. AS REQUIRED IN KMC 14.25.050.
(8) COMPLETION-LANDSCAPING PLAN. AS REQUIRED IN KMC
14.25.060.
(9) COMPLETION-SITE PLAN. AS REQUIRED IN KMC 14.25.065.
(i) THE BUILDING OFFICIAL MAY ISSUE A TEMPORARY
CERTIFICATE OF OCCUPANCY NOT TO EXCEED TWO (2) YEARS TO
COMPLETE THE REQUIRED PARKING LOT PAVING.
(10) MODIFICATIONS. AS REQUIRED IN KMC 14.25.070.
(11) EXPIRATION. AS REQUIIZED IN KMC 14.25.080.
(12) PENALTIES. AS REQUIRED IN KMC 14.25.090.
(13) DEFINITION-LANDSCAPING. AS DEFINED IN KMC 14.25.100.]
Ordinance No.2148-2006 Attachment B
Page 4 of 4
"V'~~a e with a Fast, Gi ulitl~ a Fr~~ure"
.~
,:-~;~N ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1~~~
--- ~ Telephone: 907-283-7535 /FAX: 907-283-3014 (I ~ I
___ _
- 1992
tyre elty o f
KENAI. ALASKA
^
^
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administrator
DATE: February 7, 2006
SUBJECT: Ordinance No. 2146-2006 -Building and Property
Maintenance
Attached is a copy of Ordinance No. 2146-2006 amending Title 13 to add a
chapter for building and property maintenance. Council will hold a public
hearing on this ordinance on March 1, 2006. If the Commission would like to
comment on the proposed ordinance, those comments will be provided to the
Council for their consideration.
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 2146-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 13.10.070 ENTITLED "COMMERCIAL BUILDING AND PROPERTY
MAINTENANCE."
WHEREAS, failure to properly maintain commercial buildings and property within the
City of Kenai can create health and safety dangers within the City of Kenai; and
WHEREAS, failure to properly maintain commercial buildings and property harms
property values of other buildings and property within the City of Kenai; and
WHEREAS, failure to maintain commercial buildings and property within the City
leads to an unattractive and undesirable commercial environment which harms
commercial activity within the City of Kenai; and
WHEREAS, it is the best interest of the City of Kenai to enact separate building and
property maintenance rules for commercial property with the City of Kenai.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.10.070 is enacted as follows:
13.10.070 Building and Property Maintenance.
a. Maintenance required. All commercial buildings and structures
regardless of zone, and all parts thereof, shall be maintained in a
safe, sanitary and non-hazardous manner. All means of egress,
devices, safeguards and equipment shall be kept in good working
order. The exterior of all premises and the condition of all buildings,
structures and components thereon shall be maintained so as to
prevent and repair deterioration, so that the appearance thereof shall
reflect a level of maintenance in conformity with all applicable
ordinances of the City of Kenai and so as to ensure that the property
itself may be preserved safely and that hazards to public health and
safety are avoided.
b. Maintenance standards.
1. Maintenance of structures. Each owner and occupant shall keep
all exterior components of every structure in good repair,
including but not limited to, walls, roofs, chimneys, cornices,
gutters, downspouts, drains, porches, steps, landings, fire
escapes, exterior stairs, windows, shutters, doors, storefronts,
signs, marquees and awnings.
A. Al l surfaces shall be covered with a protective coating, such as
paint, plastic or other material that preserves the structure
and does not contribute to deterioration. Surfaces specifically
designed to be used without a protective coating are exempt
from this requirement.
B. All surfaces shall be maintained free of deterioration, including
but not limited to, broken glass, loose or missing shingles or
siding, crumbling brick, stone and mortar, and peeling, scaling
or deteriorated paint.
C. Overhanging structures, including canopies, marquees, signs,
awnings, exterior stairways, fire escapes, and other structures
with overhanging extensions shall be maintained in good
repair, be securely anchored to the structure, and be protected
from rust and other signs of decay by application of a weather
protective material such as paint. Non-operative or broken
electrical signs shall be repaired or removed. All obsolete signs
and sign structures shall be removed.
D. Windows may not be boarded over except for temporary repairs
or maintenance not to exceed thirty (30) days.
2. Maintenance of premises and landscape elements.
A. Al 1 premises and landscape elements shall be maintained in a
safe and sanitary condition, including but not limited to steps,
walks, driveways, fences, retaining walls, trees, shrubs, grass
and weeds. If any such area or object constitutes a danger to
health or safety, it shall be repaired, replaced or removed.
B. All paved driveways and walks that exist within the public
right-of--way shall be maintained in safe condition.
C. All fences, retaining walls or similar structures shall be firmly
anchored in the ground and maintained in good structural
repair. Wooden elements or other elements subject to
deterioration from weathering shall be maintained with
chemicals or paint to preserve the element and to retard
deterioration.
D. Weeds and grass shall be kept trimmed and from becoming
overgrown.
E. Trees and shrubs which have branches projecting into the
public right-of--way, including public sidewalks, public places
or public highway, shall be kept trimmed to prevent
interference with any person or vehicle lawfully using the right-
of-way.
F. All yards, courts or lots shall be kept free of accumulations of
trash, garbage waste, rubbish, refuse, junk, and other noxious
or offensive materials or substances that may cause a fire
hazard or may act as a breeding place for vermin or insects.
G. All portions of all premises shall be graded so there is no
pooling of water or recurrent entrance of water into any
basement or cellar.
c. Maintenance after casualty damage. Within a period of ninety (90)
days after casualty damage to any premises the owner and operator
shall take the following steps:
1. Contract for or begin the repair and restoration of damage areas
and removal of debris; and
2. Contract for or begin the demolition and removal of any part of the
premises not to be repaired and restored and for the removal of
debris in connection therewith.
d. Penalty. Any person, firm, entity or corporation which shall violate
this section shall upon conviction be punished as provided for
violations of KMC 13.05.010. A separate offense shall be deemed
committed on each day a violation occurs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1St day of March
2006.
Pat Porter, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: April 1, 2006
/Ola
AGENDA
KENAI CITY COUNCII. -REGULAR MEETING
FEBRUARY 15, 2006
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
~~,~~~ 1. Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the
Time of Regularly Scheduled Council Meetings From 7:00 P.M. to a Time
Set by Resolution of the City Council.
~~ ~. 2. Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for
Excused Absences From Meetings of City of Kenai Commissions,
Committees and Boards.
~~~~~ 3. Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Charges
Which are Due and Unpaid to Become Liens Against the Property Served.
~~~ 4. Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which
Issues May Be Appealed to the Board of Adjustment and Setting Forth
Rules Regarding Who Has Standing to Bring Appeals.
5. Ordinance No. 2143-2006 -- Amending the Official Kenai Zoning Map
~9 Q~ by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic
(TSH) Only.
as
e~ ~. 6. Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code
Land Use Table (KMC 14.22.010), Footnote 19 that Requires Some
Conditional Uses in the Rural Residential-1 (RR1) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
7. Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Map
by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at About
Mile 6 From Rural Residential (RR) and General Commercial (CG) to
Limited Commercial (LC).
~~~ ~ a. Substitute Ordinance No. 2145-2006 -- Amending the Official
Kenai Zoning Map by Rezoning 53.85 Acres Located Along the
Kenai Spur Highway at About Mile 6 from Rural Residential (RR)
and General Commercial (CG) to Limited Commercial (LC).
(Clerk's Note: Ordinance No. 2145-2006 has been introduced. A motion to
approve Ordinance No. 2145-2006 is needed, followed by a motion to substitute.)
~~~c:e~ 8. Resolution No. 2006-05 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
/~~~ 9. Resolution No. 2006-06 -- Awarding a Professional Services Contract
/~ for Airport Security Guard Services at the Kenai Municipal Airport to
Kenai Security Services, Inc. for the Period March 1, 2006 Through
February 28, 2009.
10. *2006 Liquor License Renewals --
a. Fraternal Order of Eagles #3525 -- Club
b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
c. Jennifer Lee, d/b/a New Peking Chinese Restaurant --
Restaurant/Eating Place.
d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage
Dispensary/Tourism -- Seasonal.
e. Charlotte's, Inc., d/b/a Charlotte's -- Restaurant/Eating Place --
Public Convenience.
ITEM F• MINUTES
*Regular Meeting of February 1, 2006.
ITEM G: UNFA~TISHED BUSINESS
ITEM H: NEW BUSINESS
~~pr~ycC~ 1. Bills to be Ratified
~~e~~ 2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
"Commercial Building and Property Maintenance."
4. *Ordinance No. 2147-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
5. *Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/ Site
Plan Regulations at KMC 14.25 and 14.20.115(1) and Replacing It with a
New KMC 14.25 (Landscaping/Site Plan Regulations).
6. *Ordinance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing
Lease Applications to be Extended for Six (6) Additional Months for Good
Cause and Providing That Lease Application Appraisals are Good for
Twelve (12) Months.
~~i~ 7. Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
8. Approval -- Amendment to Special Use Permit -- Kenai Central High
School Hockey Booster Club/Dasher Board Advertisements and Ice
Logos -- Multipurpose Facility.
/f/O v~ ~ 9. Approval -- Kenai Municipal Park Site Improvement Plan
10. Approval -- Parks & Recreation Commission Letter to Senator
~~~ Wagoner/Section 36 Street Light Request.
i~G,'y~ • ~~'`~~""I 1. Discussion -- Event/Conference Center
~o~t~~ .
ITEM I: 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. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM M: ADJOURNMENT
IOb
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET ~
~
SOLDOTNA, ALASKA ` ,
~"~~/ ~'~,~ r,
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5:30 p.m. February 13, 2006
~~~
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Tentative Agenda P
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MEMBERS: A. CALL TO ORDER
Tom Clark
Anchor Point / Ninilchik g. ROLL CALL
Term Expires 2007
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
Rick Foster
Homer City 1. Agenda
Term Expires 2007
Bill Hutchinson 2. Member/Alternate Excused Absences
Ridgeway
Term Expires 2007 a. Bill Hutchinson, Ridgeway
Blair Martin
Kalifornsky Beach b. Ray Tauriainen, Northwest Borough
Term Expires 2006
Ray Tauriainen 3. Minutes
Northwest Borough
Term Expires 2008 a. January 23, 2006
ALTERNATES: D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per
Bonnie Heimbuch speaker unless previous arrangements are made.)
Soldotna City
Term Expires 2008 E. SUBDIVISION PLAT PUBLIC HEARINGS
Lynn Hohl
seward city 1. Mullen Homestead Subdivision Addition No 5
Term Expires Zoos KPB 2006-017
Jim (sham [McLane/Mullen, Soldier Creek Corp]
sterling Location: City of Soldotna
Term Expires 2006
2. Real Alaskan View Subdivision No 4
Todd Petersen KPB 2006-018
East Peninsula
Tenn Expires 2007
[LanMark/Behm, Stafford]
Location: Funny River Road area
3. Lind Subdivision James 2006 Addition
KPB 2006-019
[Imhoff/James]
Location: Old East End Road area
K-Bay APC
4. White Earth No 2
KPB 2006-026
[Imhoff/Bovich]
Location: East of Skyline Drive in Homer
i
:~ ~
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0
K-Bay APC
5. Levesque Subdivision No 2
KPB 2006-027
[Imhoff/Hansen]
Location: City of Homer
K-.Bay APC
6. Moose Range Meadows South Tract F Replat
KPB 2006-020
[Integrity/Salamatof Native Assn.]
Location: Funny River Road area
7. Baron Park 2005 Replat
KPB 2006-024
[Integrity/City of Kenai]
Location: City of Kenai
8. Creekside Park Subdivision Schuldt Replat
KPB 2006-022
[Cline/Schuldt, Alaska DOT]
Location: East of Alaska Railroad in Seward
9. Holland Park Addition No 2
KPB 2006-023
[Whitford/McLennan]
Location: West off K-Beach Road
10. Virginia Lynn 2006 Replat
KPB 2006-025
[Seabright/Tornes, Kenai Pen. Housing Initiatives]
Location: City of Homer
11. Soldotna Junction Subdivision Nazarene Addn.
(Revised Preliminary)
KPB 2004-120
[Eastham/City Soldotna, Soldotna Church of Nazarene, Parker, Lipinski]
Location: City of Soldotna
F. Final Plats
1. Shannon O'Brien Subdivision changed from Cavan Subdivision (Final Pfat)
KPB 2005-037
[Lobdell/O'Brien]
Location: East of Bernice Lake in Nikiski
G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held February 27, 2006 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
r
z
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chaim~an
Anchor
PoirrtlNinilchik
Term Expires 2007
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Hembuch
PC Member
5oldotna City
Term Expires 2008
Lynn Hohl
PC Member
Seward City
Term Expires 2008
William Hutchinson.
PC Member
Ridgeway
Term Expires 2007
James (sham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Mansion
PC Member
City of Seldovia
Term Expires 2006
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
February 13, 2006 - 7:30 P.M. ~;.
~~iyf.
Tentative Agenda ~ `~ ;~A
~_;. ' ~~,
,~ „~
A. CALL TO ORDER ~~je~® ~ `°~'' ~ :`
B. ROLL CALL ~~Q~~~~'~'9!
C. APPROVAL OF CONSENT AND REGULAR AGENDA '~
All items marked with an asterisk (*) are consent agenda items. Consent agenda terns considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner 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 comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Requests
a. Kenai Spur Highway Mile 2.8 To 10.6
Right of Way Map Project No. F-022-1 (6) 59039
KPB File 1992-111 [State of Alaska/DOTPF]
b. Marysville No 4
KPB File 2004-277 [Imhoff/Trimble]
Location: West of Old Sterling Hwy in Anchor Point
Anchor Point APC
c. Port Graham Ullage Duncan Heights Addn.
KPB File 2002-214; [Karluk Design/Native ~Ilage of Port Graham]
Location: Port Graham
*2. Plats Granted Administrative Approval
*3. Plats Granted Final Approval (20.04.070)
*4. Plat Amendment Request
*5. Coastal Management Program
a. Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
a. Bill Hutchinson, Ridgeway
b. Ray Tauriainen, Northwest Borough
1
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
Planning Director
John Williams
Borough Mayor
*7. Minutes
a. January 23, 2006 Plat Committee Minutes
b. January 23, 2006 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
Rename existing streets in conjunction with the Enhanced 9-1-1 Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting are described as follows:
First Avenue within Spruce Hills Subdivision (K 934), U.S. Survey
3564 (KN 3564), Resubdivision of Tuttle Tracts B and C (KN 74-97},
Ridge Row Subdivision (KN 81-54), Kizer Estates 1985 Addition (KN
85-229), Sections 19 and 30, T3N, R11W, S.M., AK; Location:
Between Kalifomsky Beach Road and the Sterling Highway, Kasilof
area; ESN 302; a different name will be proposed for each segment
[(1) east, (2) middle, (3) west]; Reason for change: duplicate name
b. First Street within Kalifonsky Beach Industrial Park (KN 73-1536),
Kalifonsky Beach Industrial Park Addition No. 1 (KN 74-35), and J.W.
Subdivision (KN 81-152), Section 29, T5N, R11 W, S.M., AK;
Location: approximately Mile 12 Kalifomsky Beach Road; ESN 302;
Reason for change: duplicate name
c. Second Avenue within U.S. Survey 3564 (KN 3564), Section 30,
T3N, R11 W, S.M., AK; Location: east and west of Kalifomsky Beach
Road, Kasilof; ESN 302; a different name will be proposed for each
segment [(1) east and (2) west]; Reason for change: duplicate name
d. Second Street within Kalifonsky Beach Industrial Park (KN 73-23),
Section 29, T5N, R11 W, S.M., AK; Location: approximately Mile 12
Kalifornsky .Beach Road; ESN 302; Reason for change: duplicate
name
e. Third Avenue within U.S. Survey 3564 (KN 3564), Section 30, T3N,
R11 W, S.M., AK; Location: east and west of Kalifomsky Beach
Road, Kasilof; ESN 302; a different name will be proposed for each
segment [(1) east and (2) west]; Reason for change: duplicate name
f. Third Street within Kalifonsky Beach Industrial Park (KN 73-23) and
Kalifonsky Beach Industrial Park Addition No. 1 (KN 74-35), Section
29, T5N, R11 W, S.M., AK; Location: approximately Mile 12
Kalifomsky Beach Road; ESN 302; Reason for change: duplicate
name
Fourth Avenue within U.S. Survey 3564 (KN 3564), Section 30, T3N,
R11 W, S.M., AK; Location: east and west of Kalifornsky Beach
Road, Kasilof; ESN 302; a different name will be proposed for each
segment [(1) east and (2) west]; Reason. for change: duplicate name
Fisherman Avenue within Salmon Slough Subdivision Part One (KN
75-38), Section 27, TSN, R8W, S.M., AK; Location: adjacent to the.
Kenai River; ESN 302; Reason for change: correct spelling and
suffix; Proposed to be renamed Fisherman's Road
Fishermans Avenue within Elevens-Stangeland Subdivision (KN
2005-37), Section 26, TSN, R8W, S.M., AK; Location: adjacent to the
Kenai River; ESN 302; Reason for change: correct suffix; Proposed
to be renamed Fisherman's Road
j: Fisherman's Drive within Kenai River Salmon Run Subdivision Part
.One Amended (KN 74-42) and Kenai River Salmon Run Subdivision
Part Three (KN 75-47), Section 27, TSN, R8W, S.M., AK; Location:
adjacent to the Kenai River; ESN 302; Reason for change: correct
suffix; Proposed to be renamed Fisherman's Road
k. Fisherman's Drive within Heaven Scent Acres Subdivision (K 1650),
Kenai Compressor Station Site (K 1677), Kingswood Estates
Subdivision (KN 76-22), Tisaina Acres (KN 78-162), J. W.
Subdivision Addition No. 1 Amended (KN 78-216), and Nicholas
Subdivision (KN 83-60), Section 30, TSN, R11 W, S.M., AK; Location:
approximately Mile 12 Kalifomsky Beach Road; ESN 302; Reason
for change: duplicate name
L Francis Drive within Cohoe Estates Subdivision (K 1646), Section
11, T3N, R12W, S.M., AK; Location: off Cohoe Loop Road, Kasitof;
ESN 302; Reason for change: duplicate name
m. Fraser Avenue within Fraser Tracts (KN 83-71) and Batton
Subdivision (KN 87-38), Sections 15 and 22, T2N, R12W, S.M., AK;
Location: Clam Gulch area; ESN 302; Reason for change: duplicate
name
n. Frazier Court within Sports Lake Subdivision (K 1412), East Lake
Park Estates (KN 79-57), and Sportsman Subdivision (KN 84-245},
Section 21, T5N, R10W, S.M., AK; Location: off Sports Lake Road,
Soldotna area; ESN 302; Reason for change: duplicate name
o. Frontage Road within Spruce Hills Subdivision (KN 85-43), Section
19, T3N, R11W, S.M., AK; Location: off the Sterling Highway, Kasitof
area; ESN 302; Reason for change: duplicate name
p. Frontage Road within Eddy Hill Subdivision Part One (KN 81-97),
Section 20, T5N, R10W, S.M., AK; Location: off Kenai Spur
Highway, Soldotna area; ESN 302; Reason for change: duplicate
name
q. East Frontage Road within Mariners Watch Part Subdivision Part
One (KN 78-44) and Mariners Watch Subdivision Part Two (KN 78-
192), Section 19, TSN, R11 W, S.M., AK; Location: off Kalifomsky
Beach Road, south of Cannery Road; ESN 302; Reason for change:
duplicate name
West Frontage Road within Chinulna Point Subdivision Part 1 (KN
78-78), Section 19, T5N, R11W, S.M., AK; Location: off Kaliforsky
Beach Road, south of Cannery Road; ESN 302; Reason for change:
duplicate name
s. Goodrich Street within Richland Acres (KN 80-49) and Don Jack
Subdivision Amended (KN 86-82), Section 30, T5N, R8W, S.M., AK;
Location: off Brown's Lake Road, Sterling area; ESN 302; Reason
for change: duplicate name
t. Grayling Street within Bend in the River Subdivision (KN 75-114),
Section 23, T5N, R9W, S.M., AK; Location: off Funny River Road;
ESN 302; Reason for change: duplicate name
u. King Salmon Drive within Moose River Estates Subdivision (KN 74-
98), Section 13, T5N, R9W, S.M.; AK; Location: off Elva Street,
Sterling area; ESN 302; Reason for change: duplicate name
v. King Salmon Place within Salmon Bend Subdivision (KN 73-78),
Section 17, T5N, R8W, S.M., AK; Location: off Riverwind Drive and
the Kenai River, ESN 302; Reason for change: duplicate name
w. Rainbow Court (private) within Kenai River Keys Subdivision
Amended (KN 92-44), Section 35, T5N, R8W, S.M., AK; Location: off
Humpy Road, Sterling area; ESN 302; Reason for change: duplicate
name
x. Rainbow Street within Bend in the River Subdivision (KN 75-114)
and Kennedy Subdivision No. 2 (KN 86-161), Sections 22 and 23,
TSN, R9W, S.M., AK; Location: North of Funny River Road; ESN
302; Reason for change: duplicate name
y. Rainbow Street within Tract A Francis Schwartz Property (KN 75-
63), Rainbow Heights Subdivision (KN 87-20), Tract A Eylar
Homestead (KN 87-68), Frances Schwartz Subdivision 1998
Addition (KN 99-27), and Renney Subdivision {KN 2004-90),
Sections 26 and 27, T5N, R9W, S.M., AK; Location: south of Kanak
Street; ESN 302; Reason for change: duplicate. name; Proposed to
be renamed James Street
z. Salmon Avenue within Heaven Scent Acres Subdivision (K 1650)
and J. W. Subdivision Addition No. 1 Amended (KN 78-216), Section
30, T5N, R11W, S.M., AK; Location: approximately Mile 12
Kalifomsky Beach Road; ESN 302; Reason for change: duplicate
name; Proposed to be renamed I Avenue
aa. Silver Salmon Drive within Alaska State Land Survey 92-177 (KN 93-
57), Section 7, TSN, R10W, S.M., AK; Location: Off Silver Salmon
Drive within the City of Kenai; ESN 302; Reason for change:
duplicate name
bb. Western Street within Cottonwood Ridge Subdivision (KN 78-187),
East Lake Park Estates Addition No. 2 (KN 81-109), Kendanemken
Estates Subdivision No. 5 (KN 83-38), Kendanemken Estates
Subdivision No. 7 (KN 83-171, and Yostville Subdivision (KN 92-77),
Sections 21 and 22, TSN, R10W, S.M., AK; Location: off Yostville
Road, Soldotna area; ESN 302; Reason for change: duplicate name;
Proposed to be renamed Frazier Road
Z. Resolution 2006-07; Conditional Land Use Permit for Material Extraction in
the Tall Tree Avenue area. Location: KPB 16503074; SE1/4 SE1/4, T04S
R14W, S25, Seward Meridian - 40 acres. Applicant /Owner: Ron Wilhoit.
3. Ordinance 2006-01 "An Ordinance repealing KPB Chapter 21.26 and
enacting KPB Chapter 21.29, Material Site Permits.
4. Ordinance 2006-05; Amending Chapters 14.10 and 14.20 to Revise the
Street Naming and Numbering System
5. Coastal Zone Management Plan Update
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. Resolution 2006-04; A Conditional Use Permit pursuant to KPB 21.18 for the
construction of a 300-foot long by 6-foot wide elevated light penetrating
walkway with 5 sets of stairs to the riverbed within the 50-foot Habitat
Protection Area of the Kenai River. This project is located along the left bank
of the Kenai River at River Mile 19, Tract A, Slikok Creek Alaska Sub,
Section 36, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel I.D.: 060-013-07).
Petitioners: Bill Berkhahn, Alaska State Parks; Dean Hughes, Alaska
Department of Fish and Game
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the 20-foot utility easement centered on the line common to Lot 2 and
Lot 3 Earl H. Fisler 1979 Addition Latimer-Schirmers 1983 Subdivision of
Tract 1 (Plat KN 84-226), within Section 6, Township 2 North, Range 11
West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough;
KPB File 2006-021; Petitioner: Joseph Warchola of Kasilof, Alaska
2. Vacate the 10-foot utility easement along the north boundary of Lot 11,
granted by Emerald Highland Estates Subdivision Unit 5 (Plat HM 79-130);
within Section 13, Township 6 South, Range 14 West, Seward Meridian,
Alaska; and within the Kenai Peninsula Borough; KPB File 2006-029;
Petitioners: Alvin D & Sharon Bayer of Leavenworth, WA, Susan Polis and
Sharon Warren of Homer, Alaska
SPECIAL CONSIDERATIONS
1. Plat Waiver Application: Parcel 3 of Plat Waiver 2003-45
KPB 2006-028
Resolution No. 2006-05
Location: Caribou Hills
Applicants: Darrell G and Trenna T. Kooly
J. SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 11 preliminary plats and 1 final
plat.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
5
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
City of Kenai Planning & Zoning Commission Meeting Minutes
- January 11, 2006
- January 25, 2006
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held February 27, 2006 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date Time
Cooper Landing Cooper Landing Community March 8, 2006 7:30 p.m.
Hall
Anchor Point Anchor Point Chamber of February 15, 2006 7:00 p.m.
Commerce March 1, 2006 7:00 .m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: planningCc?borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdegt
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FRANK H. MURKOWSKI, GOVERNOR
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~STA E
T OF ALA~~~A
OFFICE OF THE GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
OFFICE OF PROJECT MANAGEMNT AND PERMITTING
ALASKA COASTAL ZONE MANAGEMENT
550 WEST 7'~ AVENUE, SUITE 1660
ANCHORAGE, ALASKA 99501-3568
NOTICE OF APPLICATION
FOR
CERTIFICATION OF CONSISTENCY WITH TEE
ALASKA.COASTAL MANAGEMENT PROGRAM
Notice is hereby given that a request is being filed with the Office of Project Management and Permitting for a
consistency deternunation, as provided in, Section 347(cx3) of the Coastal Zone Management Act of 1972, as
amended [16 U.S.C. 1456(c)(3)], that the project described in the Corps of Engineers Public Notice No.
POA-1984-489-P, Kenai River,. will comply with the Alaska Coastal Management Program and that the
project will be conducted in a manner consistent with that program.
The Office of Project Management and Permitting requests your. comments, particularly on the proposed project's
consistency with the affected local coastal district management program. For more information on the consistency
review contact OPMP at (907) 269-7470 or (907) 465-3562, or visit the ACMP web site at
http://www.gov.state.ak.us/gdc/Projectslprojects.html.
Attachment 3
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FRANK H. MURKOWSKI, GOVERNOR
STATE OF aL~ASKA
`OFFICE OF THE GOVERNOR
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF WATER
401 Certification Program
Non-Point Source Water Pollution Control Program
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a federal license or permit to conduct an activity that might result in a discharge into
navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95-217), also must apply
for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will
comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By
agreement between the U.S. Army Corps ofEngineers -and the Department of Environmental Conservation,
application for a Department of the Army permit to discharge dredged or fill material into navigable waters
under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification.
Notice is hereby given that the application for a Department of the Army Permit described in the Corps of
Engineers' Public Notice No. POA-1984-489-P, Kenai River, serves as application for State Water Quality
Certification from-the Department of Environmental Conservation.
After reviewing the application, the Department may certify that there is reasonable assurance that the activity,
and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards,
and other applicable State laws. The Department also may deny or waive certification.
Any person desiring to comment on the project with respect to Water Quality Certification may submit written
comments within 30 days of the date of the Corps of Engineer's Public Notice to:
Department of Environmental Conservation
WQM/401 Certification
555 Cordova Street
Anchorage, Alaska 99501-2617
Telephone: (907) 269-7564
FAX: (907) 269-7508
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North Pacific Fishery Management Council's Environmental Assessment to locate EFH
area as identified by the National Marine Fisheries Service (NMFS).
We have determined that the described activity within the proposed area will not
adversely affect EFH, including anadromous fish and federally managed fishery
resources.
SPECIAL AREA DESIGNATION: None.
EVALUATION: The decision whether to issue a permit will be based on an evaluation
of the probable impacts including cumulative impacts of the proposed activity and
its intended use on the public interest. Evaluation of'the probable impacts,
which the proposed activity may have on the public interest, requires a careful
weighing of all the factors that .become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be
balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so, the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process.
That decision should reflect the national concern for both protection and
utilization of important resources. All factors, which may be relevant to the
proposal, must be considered including the cumulative effects thereof. Among
those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards, floodplain
values, land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general,
the needs and welfare of the people. For activities involving 404 discharges, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agency's 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or criteria
(see Sections 320.2 and 320.3), a. permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State, and
local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the Corps of Engineers to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects, and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the proposed
activity.-
Comments on the described work, with the reference number, should reach this
office no later than the expiration date of this Public Notice to become part of
the record and be considered in the decision. Please contact Ms. Lisa Gibson at
(907)283-3519, if further information is desired concerning this notice.
AUTHORITY: This permit will be issued or denied under the following authorities:
(X) Discharge dredged or fill material into waters of the United States -
Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest
review will consider the guidelines set forth under Section 404 (b) of the Clean
Water Act (40 CFR 230).
A plan, Notice of Application for Certification of Consistency with the Alaska
Coastal Management Program, and Notice of Application for State Water Quality
Certification are attached to this Public Notice.
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to the existing drainage way to the south of the proposed project. This proposed
Swale would be constructed within uplands `and would provide some mitigation for
the loss of hydrology and water quality from the proposed filling of the drainage
way. The proposed Swale would mitigate for the loss of 7.7 acres of wetlands.
2. In compliance with the ~~Memorandum of Agreement Among the Federal Aviation
Administration, U.S. Army Corps of Engineers, Alaska Department of Transportation
and Public Facilities, U.S. Fish and Wildlife Service, and Alaska Department of
Fish and Game Regarding Impacts to Wetland and Other Aquatic Resources, Mitigation
and Airport Improvement Projects in Alaska,~~ a Wetland Avoidance and Minimization
Checklist was completed. The Corps of Engineers, in accordance with this
Memorandum of Agreement, would likely require an in-lieu fee of $500 per acre
($15,000) for the remaining 30 acres of wetlands proposed to be filled. This
money would be deposited into the Alaska Wetlands Conservation Fund. However, the
City of Kenai and FAA have offered an in-lieu fee of $1,000 per acre ($30,000) for
the remaining 30 acres of wetlands proposed to be filled. The applicant has
requested-that these in-lieu fees be deposited with the Kenai Watershed Forum, a
non-profit organization, to address wetlands and related issues in the Kenai area.
WATER QUALITY CERTIFICATION: A permit for the described work will not be issued
until a certification or waiver of certification as required under Section 401 of
the Clean Water Act (Public Law 95-217), has been received from the Alaska
Department of Environmental Conservation.
COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone,
Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant
to certify that the described activity affecting land or water uses in the Coastal
Zone complies with the Alaska Coastal Management Program. A permit will not be
issued until the Office of Project Management and Permitting, Department of
Natural Resources has concurred with the applicants certification.
PUBLIC HEARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for public hearings shall state, with particularity,
reasons for holding a public hearing.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources
Survey (ARKS) has been consulted for the presence or absence of historic
properties, including those listed in or eligible for inclusion in the National
Register of His oric Places. There are no listed or eligible properties in the
vicinity of the worksite. Consultation of the AHRS constitutes the extent of
cultural resource investigations by the District Engineer at this time, and he is
otherwise unaware of the presence of such resources. This application is being
coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO
may have concerning presently unknown archeological or historic data that may be
lost or destroyed by work under the requested permit will be considered in our
final assessment of the described work.
ENDANGERED SPECIES: No threatened or endangered species are known to use the
project area., Preliminarily, the described activity will not affect threatened or
endangered species, or their critical habitat designated as endangered or
threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This
application is being coordinated with the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service. Any comments they may have concerning
endangered or threatened wildlife or plants or their critical habitat will be
considered in our final assessment of the described work.
ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects
to Essential Fish Habitat (EFH) pursuant to the Magnuson Stevens Fishery
Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et seq and associated
federal regulations found at 50 CFR 600 Subpart K. The Alaska District includes
areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999,
3 .
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permitted several activities involving the placement of fill material within
wetlands at the Kenai Municipal Airport:-
On April 25, 1985, a Department of the Army Individual Permit (IP) was issued to
the City of Kenai (file number POA-1984-489-2, Kenai River 155) to "extend the
main apron of the Kenai Municipal Airport. A 1,400'X300' ramp extension with two
taxiway section (550'X80' and 375'X80') will be constructed with '3" A.C. pavement
and 4:1 (maximum) side slopes. Approximately 56,000 cubic yards (cy) of granular
fill material will be taken from a borrow site located west of the main runway to
construct the apron extension pads. The approximately 80,600 cy of waste material
to be taken from the apron extension site will be discharged in wetlands at two
existing gravel pits to the east of the airport off of Marathon Road.- Waste
material from the borrow site will be disposed of in two man-made borrow pits (not
in wetlands) located on the west side of the main runway."
On October 14, 1986, a modification was made to. the permit (file number POA-1984-
489-M) to: "place an additional 100,000 cubic yards of fill material to bring the
airport safety overrun area in compliance with Federal Aviation Administration
requirements.
On May 27,.1987, another IP was. issued to the City of Kenai (file number POA-1984-
489-N) to "construct a floatplane facility at the Kenai Municipal Airport and
provide visibility from the floatplane runway to the control tower. Extend an
existing borrow area to complete an authorized floatplane runway and to provide
.for the selective disposal of the excavated material. An existing manmade pond
will be expanded by excavating 450,000 cubic yards (cy) from a nearby wetland and
50,000 cy of from an upland area. Organic, peat and silt materials will be
disposed of in upland areas, then graded and seeded. The slopes will be graded to
4:1, landscaped and seeded. The excavated sand will be stockpiled in upland areas
for use in future projects.. A haul road through wetlands and a limited access
taxiway will also be constructed. A concrete spillway will be constructed in the
existing manmade. drainage ditch. This activity must meet Federal Aviation Agency
requirements.°
On December 4, 1991, an IP was issued to the City of Kenai (file number POA-1984-
489-0) to "discharge approximately 35,500 cubic yards of fill material in
approximately 1.74 acres of wetlands for construction of a 3.5' deep by 18' wide
by 600' roadway, a 3.5' deep by 180' wide by 400' blast pad, three 3.5' deep by
25' wide by 25' long navigational aid pads and to backfill a 8 - 10' deep by 30'
wide by 1000' long trench for airport improvements."
On February 1, 1990, an IP was issued to the City of Kenai (file number POA-1989-
485-4) to "Discharge 650 cubic yards of fill material into wetlands near the Kenai
Airport for a 40' diameter facility pad and a 200' by 40' access road." This
permit was later modified on May 2, 1990 (file number POA-1989-485-M) to "include
a 236' X 38 ~' road instead of a 200' X 40' road.
Copies of these permits are available for review at the Kenai Field Office.
For project specific information, please contact the applicant's agent, Mr. Casey
Madden, P.E., Wince, Corthell, Bryson at P.O. Box 1041, Kenai, Alaska 99611; (907-
283-4672.
MITIGATION: As a result of early project planning and pre-application
coordination, the applicant has proposed and incorporated into the proposed
project the following mitigation efforts to reduce impacts to the aquatic
environment:
1. As mitigation for the proposed placement of fill material within a drainage
way to provide access to runway 1R-19L lease lots, the applicant has proposed to
create an engineered swale which would extend from the undisturbed drainage way
north of the proposed project, south-east along Marathon Road, and then reconnect
2
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IIS Army Corps
of Ragiaeers
Alaska District
Regulatory Branch (1145b)
805 Frontage Road
Suite 2000
Kenai, Alaska 99611-7755
Public Notice
of Application
for Permit
PUBLIC NOTICE SATE:
EXPIRATION DATE:
REFERENCE NUMBER:
WATERWAY:
February.l5, 2006
March 17, 2006
POA-1984-489-P
Kenai River
Interested parties are hereby notified that an application has been received for a
Department of the Army permit for certain work in waters of the United States as
described below and shown on the attached plan.
APPLICANT: City of Kenai, 210 Fidalgo Street, Kenai, Alaska 99611; (907) 283-7535
LOCATION: Kenai Municipal Airport, within Sections 28, 29, 32 and 33, T. 6 N., R.
11 W., Seward Meridian, in Kenai, Alaska; Kenai Peninsula Borough parcel numbers:
041-010-04, 041-010-06, 043-180-41 and 045-010-27, and; Latitude 60.5711°N,
Longitude 151.2486°W.
WORK: The proposed project is to conduct several improvement projects at the
Kenai Municipal Airport. The proposed project would involve: the excavation and
discharge of approximately 200,000 cubic yards (cy) of silt and 350,000 cy of sand
into 11.7 acres of wetlands for the extension and widening of the water runway 1W-
19W, the excavation of approximately 3,000 cubic yards of silt and the backfilling
of approximately 50,000.cubic yards of fill into approximately 14.7 acres of
wetlands for the construction of an emergency access and maintenance road, the
excavation of approximately 53,000 cy of silt and 15,000 cy of sand and the
placement of approximately 40,000 cy of sand and gravel material into 4.8 acres of
wetlands to improve the runway safety areas and reconstruct runway 1L-19R, and the
placement of 30,000 cubic yards of sand and gravel into 7.7 acres of wetland in
order to provide access to runway 1R-19L lease lots. The combined projects would
impact approximately 38.9 acres of wetlands.
PURPOSE: The purpose of the proposed project is to enhance safety and bring the
airport into compliance with current Federal Aviation Administration (FAA) design
standards. The proposed projects also enhance the ability to meet the current and
future needs of the Airport by reconstructing the runway 1L-19R pavement,
developing additional aircraft parking apron and lease lots for aviation related
activity. The proposed projects would also provide improved airfield and
vehicular access to these areas and extend the emergency access/maintenance road
and perimeter/security fencing.
ADDITIONAL INFORMATION: The Kenai Municipal Airport serves scheduled air service.,
air taxi, cargo and general aviation activity as well as military training
operations and State firefighting operations. A review of the database and
available office records indicates that since 1984, the Corps of Engineers has
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