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Home My WebLink About2006-03-22 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 22, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Officers • Role of the Chair - "Alaska Planning Commission Handbook" 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. *February 22, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-21 -Preliminary Plat -Baron Park Replat No. 2. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-15-An application to rezone the parcels known as Tract A, Ballfield Subdivision & Those portions of the NE1/4 & the NE1/4 NW1/4 which lie Northeasterly of the Kenai Spur Highway & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision from Rural Residential to Recreation. Application submitted by Charles M. Kopp, Acting City Manager, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ06-17 -Transfer of Conditional Use Permit PZO 1-03 for retail business, office, hotel, guide service for the property known as Tract A-1 A Cone Tracts A-1 A & A-1 B (2880 Beaver Loop Road), Kenai, Alaska, from Michael Kent dba Alaska Lodge to Ramon Ortiz dba Alaskan Lodge LLC. Application submitted by Ramon Ortiz dba Alaskan Lodge LLC, 1530 Angler Drive, Kenai, Alaska. b. PZ06-18 -Transfer of Conditional Use Permit PZO 1-02 for hotel and guide service for the property known as Lot 4, Block 2, Anglers Acres Sub. Addn. No. 1 (1350 Angler Drive), Kenai, Alaska, from Michael Kent dba Alaska Lodge to Ramon Ortiz dba Alaskan Lodge LLC. Application submitted by Ramon Ortiz dba Alaskan Lodge LLC, 1530 Angler Drive, Kenai, Alaska. Agenda March 22, 2006 Page 2 c. PZ06-19 -Transfer of Conditional Use Permit PZO 1-OS for hotel and guide service for the property known as Tract 2, Angler Acres Subdivision -Lowe Addition (1530 Angler Drive), Kenai, Alaska, from Michael Kent dba Alaska Lodge to Ramon Ortiz dba Alaskan Lodge LLC. Application submitted by Ramon Ortiz dba Alaskan Lodge LLC, 1530 Angler Drive, Kenai, Alaska. d. PZ06-20 -Transfer of Conditional Use Permit PZO 1-04 for guide service and food service for the property known as Tract 3, Angler Acres Subdivision -Lowe Addition (1600 Angler Drive), Kenai, Alaska, from Michael Kent dba Alaska Lodge to Ramon Ortiz dba Alaskan Lodge LLC. Application submitted by Ramon Ortiz dba Alaskan Lodge LLC, 1530 Angler Drive, Kenai, Alaska. 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. City Council Roster b. Zoning Bulletins (2/10/06 & 2/25/06) c. Planning & Zoning Roster d. Letter accepting Commissioner Amen's resignation e. Board of Adjustment Decision on Carlson CUP 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Running a Meeting Role of the Chair The attitude and abilities of the chair are critical to the successful operation of the planning commission. A capable chair understands the issues, understands his or her fellow members, can maintain order, and is able to bring the commission to a decision even on complicated or controversial issues. A person should be named as chair for his or her leadership abilities in addition to having other qualities such as integrity and fairness. The chair is somewhat "removed" from the meeting in that he or she may not participate as fully in the meeting as the other members. Since it is the chair's job to preside over the meeting in a neutral manner, he or she does not normally become involved in the commission's deliberations, except to lead the group toward making a decision. Responsibilities of the Chair The chair has two types of responsibilities: those contained in the commission's rules of procedure and those that are more related to his or her leadership abilities. Responsibilities of the chair include: Running the meeting. It is the chair's responsibility to run an orderly meeting and conduct the commission's business in a fair and timely manner. Other commissioners, the staff, and the public will look to the chair for leadership. Maintaining order. Do not allow members of the public to clap, cheer, whistle, and so on either for or against testimony that is being presented or in response to comments by commission members during their deliberations. The chair should "gavel down" this kind of behavior and run an orderly meeting. Neither should the chair permit members of the commission to accuse or overtly challenge one another, members of the public, or persons testifying. Keeping business moving. The commission should not endlessly mull over matters, continually request new information, and otherwise delay making a decision when the information needed for doing so has been presented. The chair should move the meeting along by summarizing the facts and the positions presented by commission members and bringing matters to a vote. Failure to do so is unfair to the governing body, which may be relying on the commission's recommendation, and to the applicant, whose proposal maybe unfairly delayed by indecision. Managing public testimony. Testimony from witnesses should be held to a reasonable length of time, particularly if a large number of people want to address the commission. Testimony should pertain to the matter under deliberation. The chair should discourage successive witnesses from repeating the same testimony over and over again. The commission also needs to show that it is interested in what the witnesses have to say. Preventing arguments. The chair should prevent sharp exchanges from occurring between commission members and persons testifying and between commission members themselves. He or she should limit the dialogue between commission members and persons testifying to fact gathering that will contribute to the commissions decision-making ability. This is important to prevent a loss of the commission's objectivity and credibility. Understanding parliamentary procedure. Since either Robert's or Mason's Rules will usually be used, this is crucial to the chair's ability to run an orderly meeting. He or she must be familiar with parliamentary procedure. The chair must understand motions and amendments to motions, the order in which business is conducted, topics that are and are not debatable, and so on. Someone other than the chair may act as the parliamentarian, but the chair should know the rules to conduct the meeting. Tying things together. This is the ability to take into account public testimony, commission deliberations, and the issue at hand, in guiding the commission toward a decision. It is based on the chair's ability to discern a position that a majority of the commission can support and that is fair to the public. Qualities of a Good Chair The ability of the chair to run a meeting is important if the commission is to get its work done. Commission members will expect the chair to display leadership skills and to run well-organized and purposeful meetings. A good chair will be: Tactful. The chair must show tact with other members and the public. A rude or insulting chair will reflect poorly on the whole commission and will alienate other commissioner's and members of the community. Decisive. The chair may have to think and act quickly in overseeing the conduct of the commission's business. This may include summarizing positions, clarifying motions, and giving direction to staff based on the differing views of commission members. Respectable. A chair, whose judgment has been tested and found to be good, whose opinion is sought out, or who has support from diverse elements of the community has earned the respect of his or her peers. This can only help in conducting the commission's business and enhancing its role in the community decision-making. Articulate. As the spokesperson, the chair must be able to articulate the commission's position to the city council, the public, and the media. This includes the ability to explain complex or controversial matters, which may be either poorly understood or disputed in the community. Knowledgeable about the Issues. Of all members, the chair must be able to understand the business before the commission. Failure to understand an item which the commission is to act on can lead to confusion and result in poor decision-making. The chair needs to put in extra effort studying the agenda and preparing for the meeting. CITY 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: 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: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 22, 2006 - ?: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: N. Amen, P. Bryson, L. Chase, B. Eldridge, J. Jenckes, J. Twait, S. Romain Others present: Council Member Massie, City Planner Kebschull, Department Assistant Carver, Public Works Manager La Shot, Building Official Springer, and Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval Commissioner Bryson requested PZ06-09 (and February 8, 2006 packet information) be added under Old Business as Item 6.a. Bryson explained PZ06-09 was denied at the last meeting and because additional information was provided (Cheney McLennan letter of February 22, 2006), he would be requesting the issue be reconsidered. MOTION: Commissioner Bryson MOVED to approve the agenda as amended 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 and requested UNANIMOUS CONSENT. Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- February 8, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-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. MOTION: Commissioner Eldridge MOVED to approve PZ06-14 adding staff recommendations and Commissioner Bryson SECONDED the motion. Kebschull noted the following: • Approval of the plat would remove a lot line to create one large lot. • The resulting lot size would meet lot size requirements for the Suburban Residential zone. • City water and sewer serve the property. • Removing the lot line will eliminate anon-conforming structure on the current lot wherein a structure was built across a lot line. • Staff recommends approval with the requirement that the street name be corrected from Birch Drive to Birch Street. Commissioner Eldridge requested staff recommendations be added to his motion. Second concurred. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-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). MOTION: PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 2 Commissioner Twait MOVED to approve PZ06-12 and Commissioner Romain SECONDED the motion. Kebschull explained passage of the resolution would amend the Land Use Table to remove Footnote 10 from the land use category of "churches" in the central commercial and general commercial zones and would also change "churches" from a conditional use to a permitted use in the Light Industrial Zone. Chair Amen opened the public hearing and there were no comments. The public hearing was closed. Commissioner Jenckes noted a typographical error in the second to the last paragraph of the resolution referencing Footnote 19. Kebschull confirmed it was an error and noted it would be corrected to reference Footnote 10. It was also suggested the reference to the churches being changed from conditional use to principal permitted use be added to the "NOW, THEREFORE" paragraph of the resolution. Commissioner Bryson noted the item would be addressed by Council and that the Commission only makes recommendations. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. 5-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). MOTION: Commissioner Eldridge MOVED to approve PZ06-13 and Commissioner Chase SECONDED the motion. Kebschull noted the following: • Staff would be recommending to Council the existing landscaping/site plan regulations be repealed and replaced with a new KMC 14.25, Landscaping Plan Regulations and would delete the Limited Commercial Zone. • The landscape plan had been reviewed and reworked by the Commission in several work sessions. PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 3 • A major change to the Commission's recommendations appeared on Page 1 of 4, Item 2, last paragraph, however the rest of the plan remained basically the same. Amen requested a definition of overburden and Building Official Springer confirmed it was the layer of soil. Kebschull noted two sections of the Plan (second section, Limited Commercial Zone) where the paragraphs in all capital letters were removed. Amen opened the public hearing; there were no comments and public hearing closed. Eldridge noted suggested changes at the recommendation of Mayor Porter and through the Kenai Economic Development Strategies Action Team as follows: • Page 2 of 4, Item 14.25.030, Submittal Requirements, item (a), remove the term "scientific." • Page 4 of 4, Item 14.25.060, Completion -Landscaping Plan and Paragraph 14.25.065, Completion -- Site Plan (KEDS Group did not think the lending institutions would give loans to projects that could not obtain Certificates of Occupancy and suggested instead penalties be used if the landscaping is not completed as required.) • Item 14.25.080, Expiration be changed to one year rather than 180 days. Kebschull noted the following: • The 180 day requirement was in the current code. • Staff had discussions on upcoming City projects and Public Works Manager La Shot could give an overview of some of the concerns that may arise, using the City Shop addition as an example. • The current Code and the new landscaping/site plan did not address conservation and recreation land (though there may never be an issue with the conservation lands, there could be with recreation, an example being those houses along Lawton by the golf course). Jack La Shot, Public Works Manager, City of Kenai -- Mr. La Shot noted the following: • The City Shop addition was a good example of a project that could have some problems, i.e. a proposed addition could result in requiring landscaping and paving and may not be appropriate for this type of development. • There is a huge airport project coming up and most of the project is located within the Conservation Zone but may not be in the future. This project will require reseeding, paving, and some sort of ground cover. • The same consideration given to Heavy Industrial should perhaps be given to Light Industrial; this was excluded from the regulations. • Enforcement is also a consideration, i.e. would staff be able to adequately enforce the new regulations with current staff. Since this is Title 14, it would fall under the Planning Department. Eldridge noted the KEDS Group also felt the paving requirement was excessive, i.e. PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 4 VIP Subdivision; the Spur Highway was fine; and, perhaps a paving requirement would be appropriate for the Mixed Use Zone overlay (the Central Business District). Bob Springer, Building Official, City of Kenai -- Mr. Springer noted the following: • The added expenses to the public for paving is an issue as well as how the City would enforce certain aspects. • There is no real good criteria for some of the issues; when certain projects came to light, each was reviewed individually to see what would be required to comply with the ordinance. • There's a problem of interpretation as it would be difficult to allow it for one person and not another. • These are issues that could be worked out, criteria needs to be developed, and the Commission could be begin the process. Kebschull noted the following: • She would not support the exclusion of the Light Industrial zones because some parcels along the airport and Willow Street are Light Industrial; perhaps instead of creating a Mixed Use Zone, a Central Commercial Zone would be better; and, careful consideration should be given to what is really wanted in the central city of Kenai. • There are areas on Willow Street, the theater as an example, where there are potholes, mud, etc., that affects the other properties. • Paving is important in the downtown area but where the limits should be set is uncertain. • Suggested the item could be postponed until staff has more time to address the concerns. Eldridge suggested staff take another look at the paving issue, the temporary occupancy recommendations, and substitute penalties. MOTION: Commissioner Bryson MOVED to postpone PZ06-13 until brought back by staff. Commissioner Eldridge SECONDED the motion. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-a. Reconsideration - PZ06-09/An application for a Conditional Use Permit for anOff--Site Catering Business for the property described as KN T06N PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 5 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. MOTION: Commissioner Bryson MOVED for immediate reconsideration of PZ06-09 and Commissioner Eldridge SECONDED the motion. Kebschull noted Commission was provided with a letter from D. Cheney McLennan stating the issues had been resolved between he and the Conditional Use Permit applicant and he approved the issuance of a Conditional Use Permit to the Family Table for off-site catering. VOTE ON MOTION TO RECONSIDER: Amen Yes B son Yes Chase No Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNAMINOUSLY. MOTION: Commissioner Bryson MOVED to approve PZ06-09 and Commissioner Eldridge SECONDED the motion. Amen opened the floor for public comment. Because there were no comments, the public hearing was closed. Bryson stated his reason for voting against the issue at the last meeting was because of the lack of approval of the owner. With the owner's approve, he would vote in favor now. Jenckes stated he was pleased to see the issue had been resolved and would vote in favor as well. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. Amen noted the appeal process. ITEM 7: NEW BUSINESS PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 6 7-a. Discussion -- 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." Kebschull reported the issue would be before City Council at their next meeting and requested comments from the Commission. Eldridge suggested an addition to paragraph 13.10.070, Item b.1.A, stating "Tyvek is not an exterior protective coating." ITEM 8: PENDING ITEMS 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 & Zoning ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Massie explained the Lockwood application had been denied by Council because it was not felt the area was suitable for storage. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on action taken at the Borough's February 13, 2006 meeting. 10-c. Administration -- Kebschull reported the following: • The draft Mixed Use Zone would soon be submitted to the Attorney for review. • Referred to the State of Alaska/ Notice of Application for the City of Kenai Airport Project included in the packet and gave a brief report and added, the application process would bring the City a step closer to applying for the FAA grant. • A quorum may not be available for the March 8, 2006 meeting. Amen polled the Commission and it was determined there would not be a quorum for the March 8, 2006 meeting and it was requested the meeting be cancelled. It was determined a quorum should be present at the March 22, 2006 meeting. ITEM II: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. State of Alaska -Consistency with Alaska Coastal Management Program 12-b. Zoning Bulletin (1/ 10/06) ITEM 13: COMMISSION COMMENTS & QUESTIONS Amen announced his resignation resigning from the Commission as he was being PLANNING 8~ ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 7 transferred out of state. Bryson thanked Amen for his service. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:50 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 8 STAFF REPORT To: Planning & Zoning Commission Date: March 6, 2006 Res: PZ06-21 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat -Baron Park Replat No. 2 A replat of Lots A-1 & A-2, Baron Park #6 440 Baron Park Lane & 281 Marathon Road 04336030 & 4336031 IL -Light Industrial & CG -General Commercial Vacant Central Commercial Plat removes lot lines to create one large parcel from two parcels resulting in Lot A, containing approximately 14.784 Acres. The resulting lot size meets the requirements for the IL -Light Industrial and CG -General Commercial zones. Public water and sewer service is available to serve this parcel. City En ig Weer: The section line was previously vacated. Pending Lowe's site. Building Official: Nothing additional. RECOMMENDATIONS Recommend approval. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-21 2. Preliminary Plat -~;~~~~. ~ CITY OF KENAI __ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-21 tlrea'fyof SUBDIVISION PLAT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDNISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Baron Park Replat No.2 was referred to the City of Kenai Planning and Zoning Commission on March 22, 2006, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned IL -Light Industrial and CG -General Commercial and therefore subject to said zone conditions. 2. Water and sewer: Is 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 correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES BARON PARK REPEAT N0.2 SUBJECT TO ANY NEGATNE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 22, 2006. CHAIRPERSON: ATTEST: h r~*I ~ . • ~IM1 H ~• H r1 -- ~ ; ~.;s;R -1C N ~~ _fi n ~Z~ zQ U~ ~ S ~ 1-5=4 V t n W4O0lF ~~ W 2 3p ~8N V / `` ~ O C W? 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Kopp, Acting City Manager 283-7535 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action Legal Description: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Rezone -Rural Residential to Recreation Tract A, Ballfield Subdivision & Those portions of the NE1 /4 & the NE1 /4 NW1 /4 which lie Northeasterly of the Kenai Spur Highway & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision 04301033 & 04301033 Rural Residential Vacant Neighborhood Residential General Information: This is an application to rezone the properties described as Tract A, Ballfield Subdivision and those portions of the NE1/4 & the NE1/4 NW1/4 which lie Northeasterly of the Kenai Spur Highway & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision from Rural Residential to Recreation. These parcels are located on the Kenai Spur Highway and lie adjacent to properties zoned Rural Residential and Recreation. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights- of-way) unless the amendment enlarges an adjacent district boundary." The proposed rezone meets the requirements of KMC 14.20.270. This is an application to rezone this parcel from rural residential to recreation. 0615 Comment.doc Page 2 This rezone is being requested to accommodate a proposed sports field and outdoor recreation area for the City of Kenai. The property is currently zoned rural residential. Parks and recreation are a conditional use in the rural residential zone and a permitted use in the recreation zone. The Comprehensive Plan Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states, "Formal public outdoor spaces (parks) are a critical feature in this district." This property abuts the site of the planned Kenai Soccer Facility and outdoor recreation site. The proposed rezone is to accommodate planned expansion of the outdoor sporting facility. City Engineer: Nothing additional. Building Official: No comment. RECOMMENDATIONS This rezone is being requested by the City of Kenai to accommodate a large, outdoor recreation area. The Comprehensive Plan identifies this area as neighborhood residential and notes that outdoor spaces (parks) are a critical part of this district. The requested rezone meets the criteria of Kenai Municipal Code 14.20.270 for an amendment to the official zoning map. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ06-15 2. Application <~'~'•.. CITY OF KENAI ~ ''~ ~~, PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-15 t~~~ttyof REZONE PERMIT KENA~ SNA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: CHARLES M. KOPP, ACTING CITY MANAGER, CITY OF KENAI ADDRESS: 210 FIDALGO AVENUE, KENAL AK 99611 LEGAL: Tract A, Ballfield Subdivision & Those portions of the NEl/4 & the NE1/4 NW1/4 which lie Northeasterly of the Kenai Spur Hi~hway & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision as shown on Attachment A PARCEL #: 04301033 & 04301033 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RURAL RESIDENTIAL 2. The present land use plan designation is NEIGHBORHOOD RESIDENTIAL 3. The proposed zoning district is RECREATION 4. An appropriate public hearing as required was conducted on March 22, 2006 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Ballfield Subdivision & Those portions of the NE1/4 & the NEl/4 NWl/4 which lie Northeasterly of the Kenai Spur Hi~hwav & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision as shown on Attachment A is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, March 8, 2006. CHAIRPERSON: ATTEST: '~\ "`-~~'' 1 ,_ _ - - _ /. ~~ the cc'ty o f // KENAI~ SKA !/Y G•~fa e wit~i a Aast, Gc' wxt~i a Futr~~e!/ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~ Telephone: 907-283-7535 /FAX: 907-283-3014 (I ~ I 1992 REZONING APPLICATION PETITIONER Charles M. Ko ,Actin Ci Mana er, Cit of Kenai ADDRESS 210 Fidal o Avenue, Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION Tract A, Ballfield Subdivision & Those portions of the NEl/4 & the NE1/4 NW1/4 which lie Northeasterly of the Kenai Spur Highway & South and West of ASLS 79-57 Amended & North & Northwesterly & Southwesterly of Ballfield Subdivision. PRESENT ZONE Rural Residential PROPOSED ZONE Recreation Intended Use and/or Reason for Rezoning: Sports field and outdoor recreation complex. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~`'"" Amendments to the Kenai Zoning Code and Official Map maybe initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of .Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of--way) unless the amendment enlarges an adjacent district Rezoning Application Page 2 boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~~- A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signa re ATTEST REZONING CHECKLIST: a. MAP b. SIGNATURES _~~[~~ c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING CHAIRPERSON Proposed Rezone Attachment A o,~ s9~ 9~ BACH OR ~~ Z~/IInn VA G,p y~ CHUM= hereto entertext> Proposed Rezone .~' H J~ S _ ~ -.k -. ~~ ~' ~ "-`* akz'~ D~'~v, ~ +~ Y ~'~ r~`-7r~ s4~ ,~,.~....._ _. -c k, ~~{{ _~ k~ fi q E 1R'i REG ~ ~.r' zip 1.u & a { t h . } {' ~ ~ -. }_ `..~ ..~ A~p tS ~ f'-~=--1 ~qc...-r.k~_{,,~ - ~o d - {e~~ ~ ~d- It k ~ - } [ '~~ ~ti rl . -~~ ti r ~ ~ F. ~ ~M~ i {' l ~ ~7 N'k _.~ ~ r~~ ~~ ~ y r K , l . ~ ~ Y~~ [ U ~ ~~ 4, r +^~ 'H ~ r,' ~ f,, f y_ ~~ . _ r ~ e { ~~ ` 4~ - x ~~ x` {~~' ''~ ~ ~ 1 ~. y ~ ~ a f 4 f ~ ~ .h :rc 'S ~ 1 ~ ~l.,~i 7 ' ?k ~ e.f-'L ~~ '1,r ~~i'` '_l - ~ ~ ~et"~' i'~ 4 e ~ ~ '~N -~ Y E r ~ ~~i~9 ,: Cr u - .~, _ ~` a rte, ;'~ ~ ~ ~ ~ ~ . ~ .d . ,,. y ~ ~ } ; ., ~ ~y 1 t. ~'~'7 ~`. ~ k fit. I ~1 ~ Z ' '1. ~ 1 t. ~, '4 -1.i 'nor < ~~,e ~'Cl;,~r ~ ,. - v~. ~ r~. ~ ~t ~~! r.: _' ~ ~~,, ~ f I• ~ j ' ~ ~;t ~. f 1 i~ } ~ j t ~i 1 f ,. ~~~-. ~ 5`-. ~ . . ,~ I ~ ± a { b. y•` } .~ • ~ ti {5•. ~'~,~ 4 ~}_ a -~' ~ ~ fi "~~~~ - .~" 1"~7 - - 4 ;r~t j, ~,e' r ~x~f `~ ~` u~~~ v ` ~ ' ~~f i~ ? a'k ~ ~ f '~ r ~ ,y, ,.y + . e .~ Lj .y, o ~ ~ c ! w 't1 . ~ L !~ ~t ~ -5 ~1 F t fy'`~ ~ ~aY rh w4 ~ ~o , y g ,~ _. ., - tr_ i ` ,,} P ~~ - ~arYt '~ ~?; . ': ~ llr-f /k ~~ ~ ~ -' { ., , ¢ lkM t~• }, g~ 1y~y ,' ~ t ~ ~~ ru d~L `' ~'? y, t '~} r., ~.,~ ~ r iii ~ r! ~ {eSrr~ ~ +''-~ :~' ~""~.r ti ~, ` 4 R ~~5 \q.~ z ~. {'~ yj~b~~ ~* ~~ ~ w~} ,y ~~ ~ ~. ;t ~.:~t n \i n, n ,~ a { wl e,i ergK,~~ }' ~ ' ~-.~~ ' ~~ . ~ , w ~' . ~ ~'-- STAFF REPORT To: Planning & Zoning Commission Date: February 28, 2006 Res: PZ06-17 '1a GENERAL INFORMATION Applicant: Ramon Ortiz 907-240-7528 Alaskan Lodge LLC 907-335-5500 1530 Angler Drive Kenai, AK 9961 1 Requested Action: Transfer of Conditional Use Permit - PZ01-03 Legal Description: Tract A-1A Cone Tracts A-1A & A-1 B Existing Zoning: RR -Rural Residential Current Land Use: Rural Residential ANALYSIS Alaskan Lodge LLC has purchased the above-described property. In 2001, a Conditional Use Permit was issued to Michael Kent to operate several businesses from this location. Those businesses are retail business, office, hotel, and guide service. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. Building Official: No building code issues. RECOMMENDATIONS Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ01-03, approval of the transfer should be granted. A copy of Resolution PZ01-03 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval. ATTACHMENTS: a. Resolution PZ06-17 b. Resolution PZ01-03 c. Application ;~-,:r~,f CITY OF KENAI ~~ ~ z • . - _ ,'~ ~ PLANNING AND ZONING COMMISSION ~ ~, RESOLUTION NO. PZ06-17 then o TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A OFFICE/RETAIL SPACE/GUIDE SERVICE AND HOTEL AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: Michael Kent dba Alaska Lodge to Ramon Ortiz dba Alaskan Lodge LLC WHEREAS, the Commission finds: 1 . That a Conditional Use Permit was granted to Michael Kent on January 24, 2001. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3. That Ramon Ortiz submitted a request for transfer on February 27, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. See Resolution PZOI-03. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR MICHAEL KENT FOR OFFICE/RETAIL SPACE/GUIDE SERVICE AND HOTEL BE TRANSFERRED TO RAMON ORTIZ DBA ALASKAN LODGE LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 22, 2006. CHAIRPERSON ATTEST F CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION N0. PZ01-03 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Michael Kent dba Alaska Lodge USE Office/Retail Space, Guide Service, and Hotel LOCATED Tract A-1 A Cone Tracts A-1 A & A-1 B - 2880 Beaver Loop Road (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04944007 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 26, 2000 2. This request is on land zoned: RR-Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: January 24, 2001 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL-USE PERMIT MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 24, 2001. CHAIRPERS '~ ~ ATTEST: PZO1-03 Resolution Page 2 1. Prior to issuing a building permit, applicant must submit a landscape/site plan and meet requirements for commercial developments. 2. Mr. Kent must meet State of Alaska, Department of Environmental Conservation requirements for food service. 3. Prior to the issuance of this permit, Mr. Kent is required to -make arrangements with the Fire Marshal for an inspection and meet any code requirements. 4. Meet State of Alaska, Department of Environmental Conservation requirements for on-site septic system for the proposed use. .~ CONDITIONAL USE PERMI 8 ~'"~ ?0 APPLICATION p~"~!~nnrk` n ~6 ,~T~'~F ..,, •~ ~ Date: ~' ~1- O~ ~~~f` Applicant's Name: Phone: ~U7 - ? ~ ~- ~~~ :,iC.e~ ~-/ / "I/'l~a e with a Past, Gi wit~i a Fr~ture" 9 ~ N ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 •.~_ Telephone: 907-283-7535 /FAX: 907-283-3014 1 ~~ "~' 1992 f~1C L-~ O f A KENAI. ALASKA ~CF`j~, U FF ~O Business Name: Mailing Address: ~ ~ ~-t1 ,Q.i,~ ~..¢~ '~~;~ Street Address: o~ ~ lea (,~,.~ ~ _T j ~ D~ C~ 6 (Where permit will be operated frorn.) Legal Description of Property: ~h 61 ~ ~ - ~ ~ % ~ 1U j Z. t 1 • ~ ~ 1 ~ ~~N,~_ I ~. Kenai Peninsula Borough Parcel No.: _ (~ ~9~yL~lQQ'] City of Kenai Zoning: __ ~~ ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. 1 rG,,~ .~.~ _ ~.1 I r s 9.o S.~,,,.,,~. , ~~-,~,~~.: fit- .,.a:,1 \ L,_ . ~ ..._ -- .~. 0 n ,_ ~~ O Y I C l tic,. X U,.,`r4 ~'~~ u~..~ ******** The following information must be provided before your apelication will be considered for urocessing. Do not submit your application untll it contains all required information. (Check each boy-that applies and attach the necessary information to this application.) ^ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: ^ The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ^ The value of the adjoining property and neighborhood will not be significantly impaired. ^ The proposed use is in harmony with the Comprehensive Plan. ^ Public services and facilities are adequate to serve the proposed use. ^ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ~" a7~~~ STAFF REPORT To: Planning & Zoning Commission Date: February 28, 2006 Res: PZ06-18 7b GENERAL INFORMATION Applicant: Ramon Ortiz 907-240-7528 Alaskan Lodge LLC 907-335-5500 1530 Angler Drive Kenai, AK 9961 1 Requested Action: Transfer of Conditional Use Permit - PZ01-02 Legal Description: Lot 4, Block 2, Anglers Acres Sub. Addn. No. 1 Existing Zoning: RR -Rural Residential Current Land Use: Rural Residential ANALYSIS Alaskan Lodge LLC has purchased the above-described property. In 2001, a Conditional Use Permit was issued to Michael Kent to operate a hotel with guide service from this location. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. Building Official: No building code issues. RECOMMENDATIONS Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ01-02, approval of the transfer should be granted. A copy of Resolution PZ01-02 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval. ATTACHMENTS: a. Resolution PZ06-18 b. Resolution PZ01-02 c. Application ' ~`=~~~" ~'~ CITY OF KENAI ~~ ~ ~ PLANNING AND ZONING COMMISSION ~ f RESOLUTION NO. PZ06-18 theci o TRANSFER OF CONDITIONAL USE PERMIT KENQ~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A HOTEL WITH GUIDE SERVICE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: Michael Kent dba Alaska Lode to Ramon Ortiz dba Alaskan Lode LLC WHEREAS, the Commission finds: 1 . That a Conditional Use Permit was granted to Michael Kent on January 24, 2001. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3. That Ramon Ortiz submitted a request for transfer on February 27, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. See Resolution PZO1-02. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR MICHAEL KENT FOR HOTEL WITH GUIDE SERVICE BE TRANSFERRED TO RAMON ORTIZ DBA ALASKAN LODGE LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 22, 2006. CHAIRPERSON ATTEST CITY OF KENAI PLANNING AND CONING COMMISSION RESOLUTION NO. Pt09-02 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR THE MODIFICATION OF A CONDITIONAL USE PERMIT TO: NAME: Michael Kent dba Alaska Lodge USE Modifv from Cabin Rentals to Hotel with Guide Service LOCATED 1350 Angler Drive (Lot 4 Block 2 Anglers Acres Subdivision Addition No. 1 tStreet Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939046 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 26, 2000 2. This request is on land zoned: RR-Aural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Meet State of 9laska, Department of Environmental Conservation requirements for food service. b. 4, That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: January 24. 2001 NOW, THEREFORE, BE iT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT TH.E PROPOSED CONDITIONAL USE PERMIT MEETS THE CONDITIONS REO.UIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 24, 2009. v ~ ~ `. U t~ "I/c'~~a e with a Past Gi wit~t a Fri u " ~' ~ t re 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 " ,~ Telephone: 907-283-7535 /FAX: 907-283-3014 1 I~ .. ~;~.. .. 1992 f~7E G[~ (J~' KENAI. ALASKA ~~~~'~~~. FFB ? , CONDITIONAL USE PERMI ~ ` ?006 APPLICATION p~"N/ ~o~pFNq~ ggrM FNr Date: v~ -r~'I -oG otu~-~4'n-T1a-g Applicant's Name: _ ~ cr,.nN~r.,~ (~~~ Phone:olo7- 33~ cr~~ Business Name: Mailing Address: I ~,.{ ~ c,,• '~-r~Z~ ~ 4~(,,.~,,,_~,~; ~ ~ ~j ~j G ( I Street Address: 1 3 5~ ~ lw '7 y~ ~ , K.Q,.,,,~„ ` ~,e ~ ~{ QG L ~ (Where permit will be operated from.) Legal Description of Property: 1<-~0~ Go-o ~ p ~~~ ~/ ~ ~ 1 W ~,~ Otis ~t-G r~ ~~ ~„~ ~tl 0 1 I ~~ ~ 1~~ ~l T~ j o ,~ :2 Kenai Peninsula Borough Parcel No.: _ ~ ~9~~~d ~(„ City of Kenai Zoning: ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. •.-- a It l v ~^ J .~e-/ r a-o o v i~- a o b o l l- mo o c1 ~ e~ ~ „~.~-x ~~Z~•.V k.S'-~. ij ate/ w+ ~ "~ [ VG-./ i ~i..~C..1L. ~/ ~'y~C i /~ ~..~f .DIY i ~..-v~t.0 e ~ y„~ _~Of'~ _~L 1 e.C / tTV~~ 1!P eY~r~/1 GCS ~s~,,,,,.,~ ~.; i l • V,~O P,., o ~.SI.JC ~.--•-~.,1.,. -I-c.A. c~,. - < ~~,.-{~.i~ ******** The followin¢ information must be provided before vour application will be considered for processin¢. Do not submit vour application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) ^ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: ^ The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ^ The value of the adjoining property and neighborhood will not be significantly impaired. ^ The proposed use is in harmony with the Comprehensive Plan. ^ Public services and facilities are adequate to serve the proposed use. ^ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ~-- - a-~ -v C STAFF REPORT To: Planning & Zoning Commission Date: February 28, 2006 Res: PZ06-19 7C GENERAL INFORMATION Applicant: Ramon Ortiz 907-240-7528 Alaskan Lodge LLC 907-335-5500 1530 Angler Drive Kenai, AK 9961 1 Requested Action: Transfer of Conditional Use Permit - PZ01-05 Legal Description: Tract 2, Anglers Acres Subdivision -Lowe Addition Existing Zoning: RR -Rural Residential Current Land Use: Rural Residential ANALYSIS Alaskan Lodge LLC has purchased the above-described property. In 2001, a Conditional Use Permit was issued to Michael Kent to operate a hotel with guide service from this location. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. Building Official: No building code issues. RECOMMENDATIONS Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ01-05, approval of the transfer should be granted. A copy of Resolution PZ01-05 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval. ATTACHMENTS: a. Resolution PZ06-19 b. Resolution PZ01-05 c. Application ~`=^~~``, CITY OF KENAI ~_ ~ PLANNING AND ZONING COMMISSION ~` RESOLUTION NO. PZ06-19 theu~o~' TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A HOTEL WITH GUIDE SERVICE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: Michael Kent dba Alaska Lode to Ramon Ortiz dba Alaskan Lodge LLC WHEREAS, the Commission finds: 1 . That a Conditional Use Permit was granted to Michael Kent on January 24, 2001. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3. That Ramon Ortiz submitted a request for transfer on February 27, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. See Resolution PZO1-O5. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR MICHAEL KENT FOR HOTEL WITH GUIDE SERVICE BE TRANSFERRED TO RAMON ORTIZ DBA ALASKAN LODGE LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 22, 2006. CHAIRPERSON ATTEST CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-05 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR THE TRANSFER AND MODIFICATION OF A CONDITIONAL USE PERMIT T0: NAME: Michael Kent dba Alaska Lodae USE Transfer of Lodae with Guide Service and Modifv to Hotel with Guide Service LOCATED 1530 Angler Drive (Tract 2, Anglers Acres Subdivision -Lowe Addition (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939051 WHEREAS, the .Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: _December 26, 2000 2. This request is on land zoned: RR-Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a• Meet State of Alaska, DEC requirements for food service. b• Residence must be inspected by City's Fire Marshall & meet code. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: January 24, 2001 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 24, 2001. CHAIRPERSO ATTEST: `-~ (i Gr' -~ ~ L M ~. .~~. /. ~~ Ehau'tyvf ~~ KENAIV SKA "I/c'~~a e with a Past, Gi with a Fr~tc~re" 9 ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 1' I I ~~ 1992 CONDITIONAL USE PERMIT APPLICATION ~Ec~, ~D FF8 ~'~ ? c,~ ~6 yr . ~~, \~p~~~~ `~:. Date: __ ~ - ~l - ~ 6 9d~ - ~Na ~~ ~ d-$ Applicant's Name: IL.c. ,,,~.~,~,~ ~~-~-; z. Phone: ci_U~ - ~3S- S-S o~ Business Name: Mailing Address: ~ ~,~~ /~~i.~,,- ~ r~;~_ ~.o.•~.a,*~.. /~LI,~ ~(~~"/! Street Address: permit will be operated from.) Legal Description of Property: ~ ~9.t,..~ ~ ~"~ R f Q g~ p p ~ el -~-y ~ Kenai Peninsula Borough Parcel No.: ~ '~9J~/ OS~ City of Kenai Zoning: ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~a...~;c_~__ , ******** The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) ^ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and pazking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: ^ The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ^ The value of the adjoining property and neighborhood will not be significantly impaired. ^ The proposed use is in harmony with the Comprehensive Plan. ^ Public services and facilities are adequate to serve the proposed use. ^ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ~ ~~-- ~ 0 ~ STAFF REPORT To: Planning & Zoning Commission Date: February 28, 2006 Res: PZ06-20 7d GENERAL INFORMATION Applicant: Ramon Ortiz 907-240-7528 Alaskan Lodge LLC 907-335-5500 1530 Angler Drive Kenai, AK 9961 1 Requested Action: Transfer of Conditional Use Permit - PZ01-04 Legal Description: Tract 3, Anglers Acres Subdivision -Lowe Addition Existing Zoning: RR -Rural Residential Current Land Use: Rural Residential ANALYSIS Alaskan Lodge LLC has purchased the above-described property. In 2001, a Conditional Use Permit was issued to Michael Kent to operate a guide service and food service from this location. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. Building Official: No building code issues. RECOMMENDATIONS Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ01-04, approval of the transfer should be granted. A copy of Resolution PZ01-04 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval. ATTACHMENTS: a. Resolution PZ06-20 b. Resolution PZ01-04 c. Application j -ti!'iy/ z ~"~ ~ x '~ CITY OF KENAI ~_ ~ PLANNING AND ZONING COMMISSION ~ RESOLUTION NO. PZ06-20 t~ieu~tyof TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR GUIDE SERVICE AND FOOD SERVICE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: Michael Kent dba Alaska Lode to Ramon Ortiz dba Alaskan Lode LLC WHEREAS, the Commission finds: 1 . That a Conditional Use Permit was granted to Michael Kent on January 24, 2001. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3 . That Ramon Ortiz submitted a request for transfer on February 27, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. See Resolution PZO1-04. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR MICHAEL KENT FOR GUIDE SERVICE AND FOOD SERVICE BE TRANSFERRED TO_ RAMON ORTIZ DBA ALASKAN LODGE LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 22, 2006. CHAIRPERSON ATTEST , CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION N0. PZ01-04 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Michael Kent dba Alaska Lodge USE Guide Service and Food Service LOCATED Tract 3 Anglers Acres Subdivision, Lowe Addition - 1600 Angler Drive (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939052 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 26. 2000 2. This request is on land zoned: RR-Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a, See page 2 b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: January 24, 2001 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 24, 2001. CHAIRPE ATTEST: PZO1-04 Resolution Page 2 1. Prior to issuing a building permit, applicant must submit a landscape/site plan and meet requirements for commercial developments. 2. Mr. Kent must meet State of Alaska, Department of Environmental Conservation requirements for food service. 3. Meet State of Alaska, Department of Environmental Conservation requirements for on-site septic system for the proposed use. ~~ "I/c'~~a e wit~i a Past, Gi wit~t a Future" 9 ~' 9TM ~"r Date: ~ - -1-v ~6 ~ 1 qua-~-vc~-?~a-~ Applicant's Name: / lt~.rnti. (~'; Z Phone: '~ ~ l - 33 f- S"~av Business Name: ,~-~ar_y~ ~ ., ~.~.~ L L Mailing Address: Street Address: will be operated from.) Legal Description of Property: ~ v. o l~ O V l 9 1 o r~tiJ I'Z. / 1 LU S 1) ~Q r~-~ Kenai Peninsula Borough Parcel No.: ~ ~~J` gQ City of Kenai Zoning: ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~RY.~ .i-~.v~v~ c.+s_ r 1/ ~1 , ~ I 1 1 ~ /I 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '' ,' Telephone: 907-283-7535 / FAX: 9 -283-3014 lI ~' may... .. .. /~~ 1491 \ ~7C Gt~ 0 f /'~' ~~~ KENAI. AUISKA FF8 ~~~ p/ - ~/ ` ~+ CONDITIONAL USE PERMIT W""~"c~F~. APPLICATION ~F'°~~"q~ ******** The following information must be provided before vour application wfll be considered for processing. Do not submit vour application until it contains all reau_ feed ioformation. (Check each box that applies and attach the necessary information to this applfcation.) ^ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply fob this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show azeas to be rented.) ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: ^ The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ^ The value of the adjoining property and neighborhood will not be significantly impaired. ^ The proposed use is in harmony with the Comprehensive Plan. ^ Public services and facilities are adequate to serve the proposed use. ^ The proposed use will not be harmful to the public safety, health or welfaze. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ~ ` ~~ -v6 /o~. AGENDA KENAI CITY COUNCII. -REGULAR MEETII1iG MARCH 1, 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) ~r Eric Wilcox -- McCollum/Aliak Drive Proposed Local Improvement ~ ~/~75`~D/~ District 2. Larry Lewis, Alaska Fish 8s Game -- Wildlife Conservation Community Program Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS ,~~~~ 1. Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080 /w by Adding Sections That Provide for City Water and Sewer Charges Which are Due and Unpaid to Become Liens Against the Property Served. (Clerk's Note: A motion to adopt Ordinance No. 2141-2006 was made prior to the ordinance being postponed to this meeting.) ,~,,,~,yCe~' 2. Ordinance No. 2146-2006 -- Enacting KMC 13.10.070 Entitled, ~~~,~y~ "Commercial Building and Property Maintenance." 3. Ordinance No. 2147-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General i+~znd for an Alaska Highway ~~~G~~~~ Safety Grant to Reimburse the Police Department Overtime Account. ,<.. . ~~/~ 4. 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). 5. 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. (Clerk's Note: Ordinance No. 2149-2006 has been introduced. A motion to adopt is needed and if the intention is to consider the substitute, then a motion to substitute is needed.) ~_~ a. Substitute Ordinance No. 2149-2006 -- Amending KMC ~~ ~ 21.10.040 by Providing That Lease Applications Shall Expire After One Year and May Be Extended for Six (6) Additional Months for Good Cause and Providing That Lease Application Appraisals are Good for Twelve (12) Months. ~G~~ ~ 6. Resolution No. 2006-OT -- Transferring $8,300 in the General Fund Clerk Department From Professional Services to Salaries and Benefits. 7. Resolution No. 2006-08 -- Awarding a Lease for Two Fish Seasons (May 15, 2006 to September 30, 2007) of Kenai Dock Station No. 2 to Copper River Seafoods for the Seasonal Base Bid of $35,621 Plus $0.03/Lb. Over 1,187,367 Lbs. Plus $500 Per Month for Boat Storage Area No. 2. 8. Resolution No. 2006-09 -- Approving a Contract to Foster Construction, Inc. for the Project Entitled Kenai Soccer Park Clearing - 2006 for the Total Amount of $184,600. 9. *Liquor License Renewal -- Kenai Golf Course ITEM F• MINUTES 1. *Regular Meeting of February 15, 2006. ITEM G: UNFIIVISHED BUSINESS ITEM H: NEW BUSINESS ~~i^~~l~ 1. Bills to be Ratified ~~~a~~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2150-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. 4. *Ordinance No. 2151-2006 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Art Acquisition. 5. *Ordiaance No. 2152-2006 -- Amending Land Use Table KMC 14.22.010 to Remove Footnote 10 From the Land Use Category of "Churches" in the Central Commercial (CC) and General Commercial (CG) Zones in the Land Use Table and Changing "Churches" From a Conditional Use to a Principal Permitted Use in the Light Industrial Zone (IL). ~~'~~~~~ 6. Discussion -- Community Dividend Program Bills ~~~~y ~~,.;/ iO~~~D~o7. Discussion -- Scheduling Budget Work Session(s) 6 : e~~ . 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: ADMI1~iISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council - None Scheduled ITEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 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) 1. Patrick Fitzgerald, Army Corps of Engineers -- Kenai Bank Stabilization Project. ~, ,~~,yur~ ~ 2. Todd Eberhardt, Copper River Seafoods -- Station #3, Kenai City Dock ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordiaance 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. (Clerk's Note: A motion to adopt was made prior to the motion to postpone until March I5, 2006). ______-~ a. Substitute Ordiaaace No. 2142.2006 -- Amending KMC ~~~ ~' 14.20.290 to Clarify Which Issues May Be Appealed to the Board ~~t;r~- of Adjustment and Setting Forth Rules Regarding Who Has Standing to Bring Appeals. 2. Ordiaaace No. 2150-2006 -- Increasing Estimated Revenues and ~~/~~~- Appropriations by $20,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. ~~i~iP~ /C. 3. Ordinance No. 2151-2006 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Art Acquisition. ,~~~ ~ 4. Ordinance No. 2152-2006 -- Amending Land Use Table KMC 14.22.010 /GL to Remove Footnote 10 From the Land Use Category of "Churches" in the Central Commercial (CC) and General Commercial (CG) Zones in the Land Use Table and Changing "Churches" From a Conditional Use to a Principal Permitted Use in the Light Industrial Zone (IL). 5. Ordinance No. 2154-2006 -- Increasing Estimated Revenues and Appropriations by $135,000 in the General Fund and Boat Launch Capital Project for Boat Launch Ramp Improvements. ~~~ Gl - ---> a. Motion for Introduction ~~~~ ~ ---~i b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption ~~~~ ~ ~ d. Consideration of Motion for Adoption 6. Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. (Clerk's Note: A motion to approve Resolution No. 2006-04 was made at the February 1, 2006 council meeting prior to the resolution being postponed to March 15, 2006.) ~~`~ ~ .---~ a. Substitute Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. ~~~~ ~7. Resolution No. 2006-10 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled, "Kenai Boat Launch Ramp Improvements - 2006" for the Basic Bid Amount of $451,600. 8. Resolution No. 2006-11 -- Awarding the Bid to Floor-Ever Inc. for Vintage Pointe Manor Carpet Replacement - 2006 for the Total Amount of $45,145. 9. Resolution No. 2006-12 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. p~,~g~.. 10. 2006 LIQUOR LICENSE RENEWAL -- PROTESTS a. Kings Inn Hotel Property Management, LLC, d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC b. Alaskalanes, Inc., d/b/a Alaskalanes c. Amy & George Bowen, d/b/a One Stop ITEM F• MINUTES *Regular Meeting of March 1, 2006. ITEM G• ITEM H: ~rD'~ 2. 3. /~~ 5 UNFIDTISHED BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinaace No. 2153-2006 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Fuel Purchases. Approval -- Memorandum of cooperation for Technical Cooperation Between the Municipality of Bolshoy Kamen, Russia and the city of Kenai, Alaska, USA. Discussion -- Web Page Upgrade ~~ . ~r~~~~.-6. Discussion -- Kenai Economic Development Strategy (KEDS) Recommendations /~~~ a. Millennium Square 'J~ b. Section 36 c. Annual Economic Forums ,~i^i/1~J ~~ 7. Discussion -- Challenger Learning Center of Alaska Request ~r~, ~ -/ 8. Discussion -- Conservation Fund Land/ Contract for Sale of Real Estate. /'~i''DG'~• 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: ADMII~iISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M• ADJOURNMENT /Ob MEMBERS: Tom Clark Anchor Point / Ninik:hik Term Expires 2007 Rick Foster Homer City Term Expires 2007 Bill Hutchinson Ridgeway Term Expires 2007 Blair Martin Kalifomsky Beach Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Bonnie Heimbuch Sotdotna City Term Expires 2008 Lynn Hohl Seward City Term Expires 2008 Jim lsham Sterling Term Expires 2006 Todd Petersen East Peninsula Term Expires 2007 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADM1NISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. February 27, 2006 Tentative Agenda A. CALL TO ORDER B. ROLL CALL fEB 7 `~ 2006 t CITY OF KENAI ai ANNING DEPARTMENT C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Ray Taultiainen, Northwest Borough 3. Minutes a. February 13, 2006 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Broken Axle Subdivision KPB 2006-030 [MullikinlTaeschner, Masry] Location: Halibut Cove 2. Pioneer Heights 2006 Replat KPB 2006-034 [Johnson/Hutson, Trujillo] Location: End of East End Road K-Bay APC 3. Spaulding -Johnnie Replat KPB 2006-035 [Johnson/Spaulding, Johnnie] Location: Caribou Hills 4. Hix Subdivision No 2 KPB 2006-036 [Johnson/Kruse] Location: East of Steiiing Hwy in Clam Gulch 5. Dena'ina Point Estates St. Augustine Addition (Revised Preliminary) i 7q . ~. ~ ~ ~ ~ ~ KPB 2005-317 [Eastham/Lowe] Location: City of Kenai 6. Bolstridge Subdivision Debnam Addition KPB 2006-039 [WhitFon~/Debnam] Location: South of Sterling Hwy. on Kenai River 7. Inlet Breeze Subdivision Part 4 KPB 2006-040 [SegesserlStock] Location: Off Miller Loop Road in Nikiski 8. Tachick's Retreat KPB 2006-041 [LobdelllTachick] Location: North of Ninilchik River 9. Senior Shore Addition No 1 KPB 2006-042 [LobdelUNikiski Senior Citizens, Evenson] Location: East of Holt-Lamplight Road in Nikiski F. FINAL PLATS G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held March 13, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. 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: glanningCc~borough.kenai.ak.us web site: www borough.kenai.ak.us/glanningdegt z KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA ~ ~ ~ ~ i February 27, 2006 - 7:30 P.M. ~~~ Tentative Agenda ~ f~6 ~ ~~, ZQ~6 A. ~~~.,.6~'Y C3~ ~C~PIAI CALL TO ORDER C tNG C~EPARTi PENT ANN Philip Bryson chairman B. , Pl_ ~~ ROLL CALL Kenai City Term Expires 2007 C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are conserrt agenda items. Consent agenda items are considered Tom Clark routine and noncontroversial by the Planning Commission and will be approved by one motion. There will Vice Chairman be no separate discussion of ca~serrt agenda items uMess a Planning Commissioner so requests in which Anchor case the item will be removed from the consent agenda and considered in its normal sequence on the PantlNinik;hik regular agenda. Term Expires 2007 If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, Dr. Rick Foster please advise the recording secretary before the meeting begins, and she will inform the Chairman of your PC Member wish to comment. Haver City Term Expires 2007 `1. Time Extension Requests Mari Anne Gross PC Member a. Misty MOUI'ttaln SUbdIVISIOn southwest Borough KPB File 2003-251 [Segesser/Kissee] Term Expires 2008 Location: North of Soldotna Off Eddy Hill Drive Bonnie Hembuch PC Member *2. Plats Granted Administrative Approval Sddotna City Term Expires 2008 *3. Plats Granted Final Approval. (20.04.070) Lynn Hohl a ~ C "4. Plat Amendment Request c se wa Term Expires 2008 a. Coastal Meadows Soaring Eagle Addition William Hutchinson KPB File 2005-296 [Imhoff/Bums, Erttz] PC Member Location: West of Sterling Hwy in Ninilchik .Ridgeway Term Expires 2007 *5. Coastal Management Program James (sham Pc Member a. Conclusive Consistency Deterrninations Received from DGC Sterling Term Expires 2006 b. Administrative Determinations Brent Johnson PC Member C. Current ReV1ewS Kasilof/Clam Gulch Term Expires 2006 *6. Commissioner Excused Absences Blair Martin PC Member a. Ray Tauriainen, Northwest Borough Kalifornskv RParh Todd Petersen *7 Minutes PC Member , East Peninsula Term Expires 2007 a. February 27, 2006 Plat Committee Minutes Ray Tauriainen February 27, 2006 Planning Commission Minutes b Pc Member . Northwest Borough Term Expires 2008 p. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS Todd Petersen (ftems other than those appearing on the agenda. Limited to five minutes per speaker unless previous PC Member East Peninsula arrangements are made.) Term Expires 2007 E. UNFINISHED BUSINESS Ray Tauriainen PC Member 1. Public Hearing; King Salmon Place within Salmon Bend Subdivision (KN 73- No-thwest f3orougn Section 17, T5N, R8W, S.M., AK; Location: off Riverwind Drive and the 78) Term Expires 2008 , Kenai River; ESN 302; Reason for change: duplicate name (Postponed from February 13, 2006 Planning Commission Meeting) 2. Ordinance 2006-01 "An Ordinance repealing KPB Chapter 21.26 and enacting KPB Chapter 21.29, Material Site Permits. (Postponed from February 13, 2006 Planning Commission Meeting) Max J. Best F. PUBLIC HEARINGS Planning Director 1. Vacate Mullen Drive, a 60-foot right of way dedicated by Mullen Homestead John Williams (Plat KN 1783) and associated utility easements granted by Mullen Borough Mayor Homestead Subdivision Addition No 3 (Plat KN 2000-44); within section 33, Township 5 North, Range 10 West, Seward Meridian, Alaska; in the City of Soldotna and the Kenai Peninsula Borough. KPB File 2001-040. Note: A public access easement will remain along the travelway of Mullen Drive until alternative public right of way is dedicated.; Petitioners: Margaret T Mullen and Soldier Creek Corp. of Soldotna, Alaska; Location: City of Soldotna 2. Vacate Happy Street, Happy Lane and the Un-named Right of Way along the West border of Tracts 11 through 14 and associated utility and clearing easements, and the 10' utility easement along west .boundary, extending through subdivision to south boundary as a 20' utility easement, and the 10' utility easement along south boundary granted by Hoffman Acres Subdivision (Plat. HM 74-2195); within Section 4, Township 3 South, Range 14 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough; KPB File 2006-016; Petitioners:. Quality Services of Anchor Point and Thomas A. Haeg of Homer, Alaska; Location: Happy Valley 3. 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: a. Gretchen Circle within Pavilion Subdivision Part 2 Pavilion Park Estates Addition Amended (KN 84-141), Section 22, T5N, R10W, S.M., AK; Location: west of Mackey Lake Road, Soldotna area; ESN 302; Reason for change: duplicate name b. Grove Avenue (western segment) within Woodridge Subdivision (KN 83-77), Section 26, TSN, R10W, S.M., AK; Location: off Beacon Hill Street, Soldotna area; ESN 302; Reason for change: duplicate name c. Grove Circle within McSmith Subdivision Rose-Bay 1983 Addition (KN 83-274), Section 26, T5N, R10W, S.M., AK; Location: off South Jawle Street, Soldotna area; ESN 302; Reason for change: suffix correction; Proposed to be renamed Grove Court d. Holly Circle within Cardwell Subdivision Resubdivision Tract 1 & Tract 3 Addn. No. 1 (KN 77-147), Section 3, T3N, R11 W, S.M., AK; Location: south of Cardwell Road, Kasilof area; ESN 302; Reason for change: duplicate name 2 e. Homestead Street within Rangeline Subdivision (KN 83-202) and Lakeside Subdivision (KN 83-224), Section 31, T5N, R9W, S.M., AK; Location: off Bubbas Avenue, Sterling area; ESN 302; Reason for change: duplicate name f. Homestead Street within Ramsell Tracts 1989 Replat (KN 90-05), Section 25, T3N, R12W, S.M., AK; Location: east of Cohoe Loop Road, Kasilof area; ESN 302; Reason for change: duplicate name g. Homestead Street within Resubdivision of Homestead Subdivision (KN 78-103} and High Tide Subdivision (KN 82-87), Section 35, T3N, R12W, S.M., AK; Location: west of Cohoe Loop Road, Kasilof area; ESN 302; Reason for change: duplicate name h. Husky Avenue within Cook Estates (KN 8482), Con-Jon Subdivision (KN 85-77), and Cook Estates No. 2 (KN 86-22), Sections 12 and 13, T5N, R8W, S.M., AK; Location: off Three Johns Road, Sterling area; ESN 302; Reason for change: duplicate name i. Iliamna Street within Old Kasilof Subdivision (KN 76-167), Sections 1 and 12, T3N, R12W, S.M., AK; Location: east of the Kasilof River; ESN: 302; Reason for change: duplicate name j. Jones Avenue within Beesley Tract A (KN 79-144), Toombs Subdivision (KN 87-109), Trapper Lake Tracts (KN 81-50}, Sections 3 and 12, T2N, R12W, S.M., AK; Location: north of the intersection of Cohoe Loop Road and the Sterling Highway; ESN 302; Reason for change: duplicate name; a different name will be proposed for each segment (1) off Carol Road and (Z) off Trapper Street k. Jones Street within Jones-Seward Sutxlivision (KN 76-101), Birch Hollow Subdivision Part 3 (KN 80-109}, Birch Hollow Subdivision Part Two (KN 81-114), and Murray Tract A Martin 1982 Subdivision (KN 83-276), Sections 19 ~ 30, T5N, R9W, S.M., AK; Location: west of Longmere Lake, Soldotna area; ESN 302; Reason for change: duplicate name L Karen Lane within High Country Estates (K 1788); Kelly Acres Subdivision (KN 72-22); Wilderness View Subdivision (KN 73-36); Cohee Subdivision (KN 77-14); View Land Subdivision (KN 79-69); and EI Rancho Costa Plente Subdivision (KN 99-57), Sections 2, 11 & 12, & 13, T5N, R8W, S.M., AK; Location: approximately Mile 77 Sterling Highway, Sterling area; ESN 302; Reason for change: formally rename Karen Lane to Adkins Road m. Katy Court within Carl H Swanson Tracts (KN 82-95), Section 33, T4N, R11 W, S.M., AK; Location: adjacent to Orphea Lake; ESN: 302; Reason for change: duplicate name n. Kay Circle within Kasilof West Subdivision (KN 84-211), Section 25, T3N, R12W, S.M., AK; Location: off Nadine Drive, adjacent to the Kasilof River; ESN 302; Reason for change: duplicate name o. Kaye Way within Betty Goodrich Subdivision No. 2 (KN 81-72) and Betty Goodrich Rainwater Addn. (KN 2005-62), Section 2, T4N, R11W, S.M., AK; Location: off Echo Lake Road, Saldotna area; ESN 302; Reason for change: suffix correction; Proposed to be renamed Kaye Road 3 p. King Street within King Rapids Subdivision (KN 76-173), Morsgan's Acres Subdivision (KN 77-149), Morgan's View Subdivision (KN 86- 136), and Mayo River Subdivision (KN 88-86), Sections 20 & 21, T5N, R8W, S.M., AK; Location: off Moonshine Drive, adjacent to the Kenai River; ESN 302; Reason for change: duplicate name q. McKinley Avenue within Old Kasilof Subdivision (KN 7&157), Section 1, T3N, R12W and Section 6, T3N, R11 W, S.M., AK; Location: east and west of Kalifomsky Beach Road; ESN 302; Reason for change: duplicate name; a different name will be proposed for each segment (1) east and (2) west r. Mt. Katmai within Old Kasilof Subdivision (KN 76-157), Section 1, T3N, R12W and Section 6, T3N, R11W, S.M., AK; Location: east and west of Kalifomsky Beach Road, Kasilof area; ESN 302; Reason for change: duplicate name; a different name will be proposed for each segment (1) east and (2) west s. Neelon Street within Tustumena Subd (K 1449) and Ryden. Subdivision Part 1, Sections 20 & 29, T3N, R11 W; Pollard Street within Fort Morgan Subdivision (KN 76-170}, Fort Morgan Subdivision Addn 1 Amended (KN 83-229), Fort Morgan Subdivision Addn. 2 (KN 87-65), Fort Morgan Subdivision Meyer Lake Addition (KN 94-37), Byington Homestead 1996 Addition (KN 96-37), Sections 28, 32 8~ 33, T3N, R11 W; Teal Drive within Tustumena Subd (KN 1449), and. Territorial Way within Fowler Tract A (KN 2004-117 (Sections 20 8~ 21, T3N, R11 W, S.M., AK; Location: off Yukon Loop, Kasilof area; ESN 302; Reason for change: have one name for the same road t. Pollard Street (northern segment only) within Fort Morgan Subdivision Addn. 2 (KN 87-65), Sections 28 8 29, T3N, R11W, S.M., AK; Location: east of Territorial Way (easement), Kasilof area; ESN 302; Reason for change: duplicate name u. St. Elias within Old Kasilof Subdivision (KN 76-167), Sections 6 8~ 7, T3N, R11W and Savage-Bowdens Subdivision No. 2 (KN 86-185), Sections 1 & 12, T3N, R12W, S.M., AK; Location: east and west of Kalifornsky Beach Road, Kasilof area; ESN 302; Reason for change: duplicate name; a different name will be proposed for each segment (1) east and (2) west v. Teal Avenue within Ravenwood Subdivision (K 1368), Section 24, T5N, R11 W, S.M., AK; Location: south of Ciechanski Road, Soldotna area; ESN 302; Reason for change: duplicate name w. Teal Drive (southern segment only) within Tustumena Subd. (KN 1449), Section 20, T3N, R11 W, S.M., AK; Location: east of Yukon Loop, Kasilof area; ESN 302; Reason for change: duplicate name x. Wilderness Avenue within Kasilof Wilderness Subdivision (KN 75- 104), Old Kasilof Subdivision (KN 76-167), Old Kasilof Subdivision Sarchet 1982 Addition (KN 82-80), Sections 5, 6, & 7, T3N, R11W and Flatfish Estates (KN 2001-59), Section 6, T3N, R11W and Section 1, T3N, R12W, S.M., AK; Location: east and west of Kalifomsky Beach Road, Kasilof area; ESN 302; Reason for change: duplicate name; a different name will be proposed for each segment (1) east and (2) middle, and (3) west y. Williwaw Court within Kal'~fonsky Estates Subdivision (KN 78-63}, Section 12, T4N, R12W, S.M., AK; Location: off Skilak Street, approximately Mile 9 Kalifomsky Beach Road; ESN 302; Reason for change: duplicate name z. Williwaw Lane within Kalifonsky Estates Subdivision (KN 78-83}, Section 12, T4N, R12W, S.M., AK; Location: approximately Mile 9 Kalifomsky Beach Road; ESN 302; Reason fo~wchange: duplicate name 4. Ordinance 2006-07; An Orciinance authorizing the lease of an outdoor shooting range facility at the Sewani Solid Waste Facility Grounds to the City of Sewarci at less than market value. 5. Resolution 2006-_; A resolution authorizing the continued rental space for the Spruce Bark Beetle Mitigation Program Office. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 20-foot utility easement centered on the line common to Lot 1 and Lot 2 Block 4 Lake Hills Subdivision Part 3 (Plat KN 84265), within Section 12, Township 7 North, Range 12 West, Sewan:i Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-031 2. Vacate the 10-foot utility easement along the south boundary of Tract A6, granted by Horse Creek Subdivision (Plat HM 2004-5); within Section 4 and 9, Township 9 North, Range 2 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-038 SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 9 preliminary plats. 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 Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO AC77ON REQUIRED 1. Resolution SN 2006-02: Renaming Certain Public Rights-of-way within Section 7, T5N, R10W; Section 11, T3N, R12W; Section 13, T5N, R9W; Sections 15 and 22, T2N, R12W; Sections 19 and 30, T3N, R11 W; Section 19, T5N, R11 W; Section 20, T5N, R10W; Sections 21 and 22, TSN, R10W; Sections 22 and 23, T5N, R9W; Section 26, T5N, R8W; Sections 26 and 27, TSN, R9W; Section 27, T5N, R8W; 5 Section 29, T5N, R11 W; Section 30, T3N, R11 W; Section 30, T5N, R8W; Section 30, TSN, R11 W, S.M., AK within Emergency Service Number (ESN) 302, as approved February 13, 2006 2. Resolution SN 2006-03: Renaming a Private Road within Kenai River Keys Subdivision Amended (KN 92-44) in Conjunction With The 911 Street Naming And Addressing Project within Section 35, T5N, R8W, S.M., AK; Location: Off Humpy Road, Sterling Area; within Emergency Service Number (ESN) 302, as approved February 13, 2006 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held March 13, 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 _ Moose Pass Moose Pass Community Haii March 1, 2006 7:00 p.m. Cooper Landing Cooper Landing Community Hall March 8, 2006 7:30 p.m. Anchor Point Anchor Point Chamber of Commerce March 7, 2006 7:00 p.m. The Kachemak Bay Advisory Planning Commrssron rs rnacrrve at tnis nme. 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: ~lanninq,borough kenai ak.us web site: www borough.kenai.ak.us/planninadept KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS. BOROUGH ADMINISTRATION. BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. March 13, 2006 Tentative Agenda MEMBERS: Tom Clark Anchor Point! Ninilchik Term Expires 2007 Rick Foster Homer City Term Expires 2007 Bilt Hutchinson Ridgeway Term Expires 2007 Blair Martin Kalifomsky Beach Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Bonnie Heimbuch Soldotna City Term Expires 2008 Lynn Hohl seward city Term Expires 2008 Jim (sham Sterling Term Expires 2006 Todd Petersen East Peninsula Term Expires 2007 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. February 27, 2006 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Fair Ridge Subdivision Fairhaven Addition KPB 2006-044 (McLane/Fair] Location: South of Longmere Lake 2. Blakley Subdivision Part Two Barker-Harris Addn. Phase 2 KPB 2006-045 [McLane/Barker] Location: Cooper Landing Cooper Landing APC 3. Heath Subdivision No 4 KPB 2006-051 [McLane/ Soldotna Fund] Location: City of Soldotna 4. Schreck Subdivision KPB 2006-047 (CMJV/Kaminski, Schreck, Ak Mental Health] Location: West of Feuding Lane in Sterling 5. Spruce Shadows Subdivision Merritt Addition KPB 2006-048 [Integrity/Merritt] i Location: City of Kenai 6. Clymer Subdivision No 2 '" ~` KPB 2006-049 ,, . ~ ! ~ [Imhoff/Clymer] Location:. North of East End Road in Homer ', ~•[t` ~ ~' ~ 7. Hughes Tool Co. Sayer Addition No 3 KPB 2006-050 [Ability/VVollenberg, Brown] r ~"~= Location: South of North Fork Road in Anchor Point Anchor Point APC F. FINAL PLATS G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held March 27, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p:m. 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: planningCci7borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept 2 KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA March 13, 2006 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark vice Chairman Anchor PanUNinilchik 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 Soldofia 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 Massion PC Member City of Seldovia Term Expires 2006 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (`} are consent agenda items. Consent agenda items are considered routine and noncorrtroversial 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 vrill 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. Homer Spit Replat 2005 KPB 2005-026 [Geovera/SeabrighUCity of Homer] Location: City of Homer b. H. K. Davis No 7 KPB 2005-031 [Ability/Gregoire] Location: City of Homer *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 *7. Minutes a. February 27, 2006 Plat Committee Minutes b. February 27, 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.} 1 Todd Petersen 1. Roberta Wilfon ,Spruce Bark Beetle Miti ation Pro ram PC Member g g g East Peninsula Term Expires 2007 E. UNFINISHED BUSINESS Ray Tauriainen F. PUBLIC HEARINGS PC Member Northwest Borough Term Expires zoos 1. Vacate Cricket Drive a 60-foot public Right-of--Way dedicated by Baron Park Subdivision No 5 (Plat KN 86-165); and associated public utility easements and the 20' utility easement between Tract C and Lot 1; all within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2006-032. Petitioner: Charles M. Kopp, Acting City Manager of Kenai, Alaska. Location: City of Kenai Max ~. Best 2. Vacate a 33-foot section line easement along the south and west boundary Punning Director of Lot 20-A Mattox Subdivision Birch Terrace Replat (Plat HM 2005-55); John Williams wlthln Section 16,Township 6 South, Range 13 West, Seward Meridian, Borough Mayor Alaska; The City of Homer and within the Kenai Peninsula Borough. KPB File 2006-033. Petitioners: Steven L. Rouse, KPHI, David B. Gassner, and Jackie R La Cruz of Homer, Alaska. Location: City of Homer 3. Vacate a portion of Binger Road right-of--way and associated public utility easement between Tract 7 and Tract 8, dedicated by Gruber Subdivision (Plat KN 73-61); within Section 22, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-037. Petitioners: James E. and Jeanette D. Kimes of Seward, Alaska. Location: West of Sterling Highway South of Soldotna 4. Resolution 2006 - _; A resolution authorizing the lease of 420 square feet of office space in the Seaview Community Plaza Building for the Seward Annex Office. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING I. SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 7 preliminary plats. 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 Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Touchstone Newsletter -February 2006 2. Resolution SN 2006-04: Renaming Certain Public Rights-of-way within Sections 2, 3, and 12 T2N, R12W; Sections 3, 5, 6, 7, 20, 28, and 29, T3N, R11W; Sections 1, 12, 25, 35, T3N, R12W; Sections 2 and 33, T4N, R11W; Section 12, T4N, R12W; Sections 2, 11, 12, 13, 17, 20, and 21 T5N, R8W; Sections 19, 30 and 31, T5N, R9W; Sections 22 and 26, T5N, R10W; Section 24, T5N, R11W within Emergency Service Number (ESN) 302, as approved February 27, 2006 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held March 27, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Cooper Landing Cooper Landing Community Hall March 12, 2006 7:30 p.m. Anchor Point Anchor Point March 15, 2006 7:00 p.m. Chamber of Commerce 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: planning borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept ~aa KENAI CITY COUNCIL Meeting First and Third Wednesday at 7:00 p.m. Council Member Name and Address Home Business Email Address Term Phone Phone Ends Mayor Pat Porter 283-4348 Kenaima o~0 cr msn.com 2007 City of Kenai 310 Rogers Road Kenai, AK 99611 Council Member Linda Swarner 283-4366 262-3111 lswarner(a,acsalaska.net 2008 City of Kenai 298 Rogers Road Kenai, AK 99611 Council Member Joe Moore 283-4610 262-7478 (p) cpajoenaltrogco.com 2007 City of Kenai 262-6107 (fl P.O. Box 403 Kenai, AK 99611 Council Member Rick Ross 283-8497 rossrck(c~hotmail.com 2006 City of Kenai 1505 Kittiwake Court Kenai, AK 99611 Council Member Mike Boyle 283-0820 mboylerr,alaska.com 2008 City of Kenai 1516 Stellar Drive Kenai, AK 99611 Council Member Cliff Massie 283-4457 abcl ,~ci.net 2007 City of Kenai 4575 Kenaitze Court Kenai, AK 99611 Council Member Robert Molloy 283-7102 283-7373 (wk) bob cr,molloyforcouncil.com 2006 City of Kenai 110 S. Willow Street, Suite 101 Kenai, AK 99611 Or mail to Kenai City Hall: 283-8231 (p) cfreasna,ci.kenai.ak.us c/o Carol L. Freas, Kenai City Clerk 283-5068 (f) 210 Fidalgo Avenue Kenai, AK 99611-7794 (2/24/06) ~~ •~ .... N S N O_ w a~ a W a W 0 odi C .~ 0 N O Ot o~ a .~ O C 3 o~ C m ~gg e~ 0 N N M d' ~ ~ ~ c~ ~ c~ c~ c~ c~ c~ a a a a, a a a ~ ~ ~ ~ a~ ,~ A ~ O ,~ N ~-+ ~ ~ ~ 0. ~ ~ ~ G by ~ ,~ ~ ~ ~ ~ ~ ~,y ~y I•~ ° ~ •° ~ v v •~ f1 ~ ~ L". 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N ~ 'q ~ R~ x ++ ~ ? y q epC" d a> w cn ~ '~ '~ ~ e o U Gt. ~ oM °..~' ~ °~' ~ o„ ~ o .b ° ~ '~ ~ ~ ~ ~ ~ o ~ r'an c U ~o~~•o>,oo ~~~>~ ~ o a s ~~ y ~ aai~ ~a,ca .,~ ~' air, ~a y ~,~„~ ~b a ~ c a : a M a o •~; ~ ? ~ ,~ a. ~ Gov ~ °° i~c PLANNING & ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Kenai City Council Chambers Commission Member Name and Address Home Phone Business Phone Email Address Term Ends Vacant 2009 Lori McLennan 283-7790 252-1990 inf mclennanhouse.com 2007 601 Davidson Street Kenai, AK 99611 **Phil Bryson P.O. Box 1041 Kenai, AK 99611 283-4428 283-4672 2007 Scott Romain 283-6174 262-8866, x35 (p) scott(c~,redoubtrealty.com 2008 425 Rogers Road Kenai, AK 99611 262-8853 (fl James R. Jenckes 616 Maple Drive Kenai, AK 99611 283-5244 776-3865 (p) 776-3863 (fJ irienksn,~mail.com 2008 Jeff Twait 1808 Julie Anna Drive Kenai, AK 99611 283-3919 262-2493 jtwait(c~gci.net 2009 Barry Eldridge 283-7152 lridgebb(a~ptialaska.net 2009 2679 Bowpicker Lane Kenai, AK 99611 283-7152 (f) Council Member Rick Ross 2838497 rossrck~a,hotmail.com 1505 Kittiwake Court Kenai, AK 99611 Council Member Cliff Massie 4575 Kenaitze Court Kenai, AK 99611 283-4457 abcl(c~, cg i.net *Chair **Vice Chair (3/3/ 2006) ~. r~~~ ~`; i . - - ___ the cc'ty o f ~~ KENAI~ SKA March 2, 2006 Nelson Amen 1508 Toyon Way Kenai, AK 99611 ~~~~~a9e with a Past, Gi~ witti a Futur''ad 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us RE: PLANNING 8s ZONING COMMISSION City of Kenai Dear Nelson, At its regular meeting of March 1, 2006, the Kenai City Council noted your decision to resign from the Planning & Zoning Commission. It is with regret your resignation was accepted, but with best wishes for your new job and location. Upon your departure from the Commission, the Kenai City Council and City Administration thanks you. The time and effort you contributed to the City during your time on the Commission is an example of a dedicated citizen working for a better tomorrow for the City of Kenai. Again, thank you for your dedication to the City of Kenai! CITY O KENAI ` ~~ /~Cw i~~v`2.i Pat Porter Mayor clf r Ise BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF LARRY R. ) CARLSON AND WENDY J. GOODLOE REGARDING ) DENIAL OF CONDITIONAL USE PERMIT ) Case No. BA-06-1 I. DECISION The appeal of Larry R. Carlson and Wendy J. Goodloe is denied. II. BACKGROUND On December 21, 2005, Larry R. Carlson (d/b/a Larry's Guide Service) filed an application for a conditional use permit for 160 Richfield Drive in Kenai. The application was for a permit to allow operation of a fishing guide service and weekly lodging (cabin rentals) during the months of May, June and July with some lodging for special events. The house is located in the Valhalla Heights Subdivision which is in the Rural Residential zone (RR Zone). Cabin rentals and fishing guide services are allowed only by conditional use permit in the RR zone.' The Kenai Planning and Zoning Commission (Commission) held a public hearing on the application on January 11, 2006. Four neighbors testified during the public heazing. All four of them were opposed to the application. After the public hearing closed, the Commission voted four to zero to deny the application. On January 23, 2006, Larry R. Carlson and Wendy J. Goodloe (Mr. Cazlson's spouse) filed an appeal to the Board of Adjustment.2 The Kenai Board of Adjustment held a public hearing on the appeal on Februazy 16, 2006. Six members of the public testified during the public heazing. Ms. Goodloe spoke in ~ KMC 22.10.010 s KMC 14.20.290 Board of Adjustment Decision Page 1 of 7 ~ ~w-, %~. r ..v,~1 ~cw. `~ a+. . • :n favor of the application. Five residents of the neighborhood testified against the application. Following the public testimony, the hearing was closed. III. STANDARD ON APPEAL An appeal from the Commission is a de novo appeal. The Kenai Municipal code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the -body from whom the appeal is taken." 3 The Board does not have to defer to the finding or decision of the Commission. While the Board may take the concerns of neighborhood owners into consideration, it may not base its decision solely on neighborhood support or opposition.4 IV. DISCUSSION AND FINDINGS A. The property in question is a 1,248 square feet home in a residential neighborhood. It has two stories containing three bedrooms. The testimony at the public hearing indicated the applicants have owned the home since 1998. They have operated the business without a conditional use permit out of their home since it was purchased.- The home is used to lodge the customers of their fishing guide business. When customers stay at the residence, the applicants do not stay with them. Ms. Goodloe stated at the public hearing that she and her husband had another home but did reside at the house during certain months of the year. She testified they do not store boats for their guide service at the home. She also testified that the lodging did not create much traffic and that she felt it had little impact on the neighborhood. s KMC 14.20.290(b) (2) ' South Anchorage Coalition v. Coffee, 862 P.2d 168, 172 n. 11 (Alaska 1993) Board of Adjustment Decision Page 2 of 7 Five neighbors testified against the application. The first was Loretta Pierce. She lives across the street from the subject property. Ms. Pierce testified that the guests have impacted the neighborhood. She stated they come to her house requesting to use the telephone and they have left fish on her door step (creating a bear nuisance). As a result, she testified, she has had to put a "No Solicitation" sign on her door. She testified the guests left trash that she had to pick up. She stated the applicants do not see this behavior because they are not there when guests are staying at the house. She stated the house is unused most winters. Another neighbor, Susan Carr, testified next. She has lived in the neighborhood since 1980. She stated the neighborhood has had a problem with bears for the last five years, ".. . since the guides moved into our neighborhood and started dumping fish waste and other things down our roads." She stated that in the summertime boats were heard "being banged around" at 2:00 or 3:00 in the morning. She also stated there was noise from partying and hollering at the residence during the summer. She stated it was quiet in the winter. Cathy Bush also testified. She lives across the street from the subject property. She has lived there since 1983. She said she also has been awakened by boats going down the road from the property and that the business has created a definite and negative increase in traffic. She also felt the neighborhood bear problems were very recent (i.e. after the appearance of the guide services and lodging). The next neighbor to testify was Sharell Russell. She testified there was one guide service already in the neighborhood and she did not want another one. She felt it would hurt the property values of their homes. She felt the guide services should be in recreation areas, not residential neighborhoods. Nicole Johnson also testified. She also lives in the neighborhood. She was concerned because she bought property in the neighborhood due to the fact that it was very quiet, and she Board of Adjustment Decision Page 3 of 7 did not want the neighborhood to lose its residential character. She did not want it to become a commercial area. B. KMC 14.20.150 sets forth the review criteria for granting conditional use permits. 1. The first is whether the use is consistent with the purposes and intent of the zoning district.5 The zoning district is RR. The RR zone is the largest zone in the City and it encompasses several large subdivisions as well as sparsely populated areas. The intent of the RR district is to provide for low density residential development "which creates a stable and attractive residential environment."6 The intent of the RR zone is also to prohibit uses that "violate the residential character of the environment." Several of the neighbors testified that the guests were loud and intrusive to the area. While the applicants disputed that testimony, Ms. Goodloe stated that she did not stay there when guests stayed at the house. Thus, she would not be in a position to observe whether her guests were loud or intrusive in the neighborhood. Ms. Pierce testified she had to clean up garbage left by guests at the house. Moreover, two neighbors testified that boats were driven to the house creating a disturbance. Ms. Carr testified that she heard boats being "banged around" at 2:00 or 3:00 in the morning. Ms. Bush testified she has been awakened by boats being towed down the road. We find that the testimony shows that the use of the premises as a guide service and lodging does violate the residential character of the environment. Because of that we further find that the proposed uses are not consistent with the purposes and intent of the RR zone. 5 KMC 14.20.150(d) (1) 6 KMC 14.20.080(a) Board of Adjustment Decision Page 4 of 7 r 2. The second criterion we must find is that the value of the adjoining and neighborhood properties will not be significantly impaired. Ms. Russell testified that she felt the addition of another guide and lodging service in the area would reduce the value of her home. That conclusion is consistent with the types of impacts described by the testimony of the other neighbors. Therefore, we cannot find that the value of the adjoining and nearby property will not be significantly impaired. 3. The third criterion is whether the proposed use is consistent with the Comprehensive Plan. The City of Kenai's 2003 Comprehensive Plan states on Page 29: The Rural Residential district includes areas that due to location or site conditions are best suited for large-lot single-family residential developments. Homes in this district typically rely on individual on- site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools and daycare facilities may be intermixed if they comply with the zoning design guidelines. Small home-based businesses may be accommodated within certain guidelines. The proposed uses are not an institutional use such as a church, school or daycare facility We cannot find that the use can be categorized as a "small home-based business" due to the regular and frequent absence of the owners from the property. Ms. Goodloe testified that they had another house and did not live there full-time. She stated they did not stay at the house when the guests where there. Ms. Pierce testified that the house was usually empty in the winter. We find the use is that of primarily a commercial property rather than a "small home based business." Accordingly, we cannot find that the proposed uses are consistent with the Comprehensive Plan. Board of Adjustment Decision Page 5 of 7 r 4. The fourth criterion is whether public facilities are adequate for the proposed use. The house is not served by public utilities. However, there is no indication from the testimony that the on-site water and sewer systems are inadequate for the facility. There was no indication that the roads to the house were unable to handle the traffic. Therefore, we find the public facilities are adequate for the proposed uses. 5. The fifth criterion is whether the proposed use will be harmful to the public safety, health or welfare. The testimony is disputed on this point. Ms. Goodloe testified that no fish cleaning, partying or loud noise is allowed at the premises. There was testimony that there were fish carcasses and waste dumped which significantly added to a local bear problem. There was also testimony there were problems with noise (from both guests, and boats being towed) and partying. Again, we note that the applicants were not present during the time the guests were staying there so they are not in a position to effectively rebut the testimony of the neighbors. We find that the proposed uses will be harmful to the public safety, health or welfare of the neighborhood because of fish waste problems, partying and noise impacts. 6. The sixth criterion is not applicable because we do not feel enough specific conditions can be attached to allow the application to comply with the first five requirement of KMC 14.20.150. // // Board of Adjustment Decision Page 6 of 7 V. CONCLUSION The requirements of KMC 14.20.150 have not all been met. For us to grant a conditional use permit under that section, we must find all of the criteria have been met. Accordingly, we must deny the appeal and uphold the decision of the Planning and Zoning Commission. DATED THIS 16~' day of March 2006. Pat Porter, Chair Joe Moore, Vice-Chair Linda Swarner, Board Member Rick Ross, Board Member Cliff Massie, Board Member Robert J. Molloy, Board Member Mike Boyle, Board Member NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. Board of Adjustment Decision Page 7 of 7