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HomeMy WebLinkAbout2013-12-11 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 11, 2013 - 7:00 p.m. Work Session — 6 p.m. — 7 p.m Transitional Housing 1. CALL TO ORDER: • Pledge of Allegiance • Roll Call • Agenda Approval • Consent Agenda • *Excused Absences ➢ Commissioner Bryson ➢ Conunissioner Peterson *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a) *October 23, 2013 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a) PZ13 -41— Kee's Tern Subdivision— Located within Government Lot 4 and the SETA SW 1/4 Section 31, T6N, R10W, S.M. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a) PZl 1 -22 — Review of Conditional Use Permit for Motor -Cross Race Track for the property known as Tract A2 -2, Birch Fields Subdivision Kenai Well Addition No. 2 (490 Shotgun Drive), Kenai, Alaska. Discussion — Approval Permanent Status. b) PZ13- 38(08 -61) — Transfer of Conditional Use Permit — Veronica's Coffee Shop — 602 Petersen Way. Transfer requested by Shilo Miller, P.O. Box 920, Sterling, Alaska. c) PZ13 -39 — Home Occupation Permit — Gun Business — For the property ]mown as Lot 3, Block 1, Northgate Subdivision Part One (1505 Pine Avenue). Application submitted by Chad Parker, Kenai, Alaska. d) PZ13 -40 — Transfer of Conditional Use Permit — Purchased condominium interest in property ]mown as Kenai Landing — 2101 Bowpicker Lane Units 5 & 6. Transfer requested by PRL Logistics, Inc. C/O Ron Hyde, Anchorage, Alaska. e) Application from the Peninsula Art Guild, Inc. requesting an extension of their current lease including an Ordinance authorizing an extension and amendment of the lease for the property known as A Portion of Lot 3, Block 17, Original Townsite of Kenai (816 Cook Avenue). — Discussion/Recommendation. 8. PENDING ITEMS: a) Storefront Improvement Program. 9. REPORTS: a) City Council b) Borough Planning c) Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai River Center Permit for Bank Restoration— Kenai River Mouth, Kenai, AK b. 2014 Meeting Calendar c. Memo from City Attorney to Council regarding referendum concerning Comprehensive Plan 12. NEXT MEETING ATTENDANCE NOTIFICATION: January 8, 2014 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 1 CITY OF KENAI PLANNING & ZONING COMMISSION OCTOBER 23, 2013 — 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a) Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b) Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, K. Peterson, D. Fikes, P. Bryson, B. Shiflea, H. Knackstedt Commissioners absent: J. Arness (excused) Staff /Council Liaison present: Acting Planner N. Carver, Deputy City Clerk C. Hall A quorum was present. c) Agenda Approval Twait read the following additions to the packet: ADD TO: 1 -c: Excused Absences Commissioner Arness 2 -a: Minutes Amended Minutes of October 9, 2013 meeting 5 -a: PZ13 -36 Permitting Information from Buccaneer 11 -b: Information Items Email from Greg Davis and Mack Padgett MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. d) Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Shiflea SECONDED the motion. There were no objections. SO ORDERED. e) "Excused Absences • Jake Arness (added as lay down at beginning of meeting) Approved by 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 —October 9, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS — None. 5. PUBLIC HEARINGS a) PZ13 -36 (PZ11 -01) — Amend Conditional Use Permit for the purpose of Natural Gas Production Facility (Gas Manufacturer /Storage), and Operation of Class II Injection Facility (Storage /Disposal of Onsite and Offsite Materials) application submitted by Buccaneer Alaska Operations, LLC, for Lot 8, Kenai Industrial Park Subdivision — 700 Marathon Road (KPB #04501044). Acting Planner Carver reviewed the staff report included in the packet and introduced Bob Britch from Buccaneer to answer questions. Twait opened the hearing to public comment. Bob Britch, Anchorage, Buccaneer— reviewed the handout he brought relating to permitting. Steve Hennigan, Louisiana, Buccaneer — reported measurements were taken from 3500 feet through 8000 feet. There being no one else wishing to speak, the public hearing was closed. VOTE: YEA Peterson, Fikes, Twait, Bryson, Shiflea, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS — None. 7. NEW BUSINESS — None. 8. PENDING ITEMS PLANNING AND ZONING COMMISSION MEETING OCTOBER 23, 2013 PAGE 2 a) Storefront Improvement Program. 9. REPORTS a) City Council — No report. b) Borough Planning — Commissioner Bryson reviewed the recent meeting held in Seward. c) Administration — Carver requested the commissioners submit their travel information to her for the Planning Conference in November, and noted there were no plans to rezone Angler Drive and Ames Road as might have been perceived from the packet. 10. PERSONS PRESENT NOT SCHEDULED Jim Richardson, Angler Drive — spoke against rezoning the area. Kristine Schmidt, 513 Ash Avenue — spoke in favor of the vote to repeal the Comprehensive Plan; requested Council have a say in the work session priorities; and, spoke against a possible rezone of Angler Drive and Ames Road. Ralph Van Dusseldorp, 1025 Ames Road — requested the commission keep his neighborhood residential. 11. INFORMATION ITEMS a) FY 2015 — Capital Improvements Program Priorities b) Planning Commission Proposed Work Sessions 12. NEXT MEETING ATTENDANCE NOTIFICATION — November 13, 2013 No commissioners requested an excused absence from the November 13 meeting. 13. COMMISSION COMMENTS & QUESTIONS — None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:39 P. M. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 23, 2013 PAGE 3 4", STAFF REPORT To: Planning & Zoning Commission Prepared by: ne Date: November 27, 2013 Res: PZ13 -41 GENERAL INFORMATION Applicant: Segesser Surveys 907 -262 -3909 30485 Rosland Street Soldotna, AK 99669 For: Kathleen Martin 907 - 252 -8163 P.O. Box 521 Cooper Landing, AK 99572 Requested Action: Revised Preliminary Subdivision Plat — Kee's Tern Subdivision Legal Description: Located within Government Lot 4 and the SE1 /4 SWl /4 Section 31, T6N, R1 0W, S.M. Street Address: 4255 North Dogwood Road KPB Parcel No.: 04906060 Existing Zoning: RR — Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS 1 his plat subdivides a large parcel containing over 30 acres into a subdivision resulting in 24 individual lots. The lots in the subdivision range in size from 1 acre to 1.39 acres and meet the minimum lot size for the zone and Alaska Department of Environmental Conservation (ADEC) requirements for on -site water and sewer. The minimum lot width within the Rural Residential zone (KMC 14.24.020) of 90 feet is met for all lots in the subdivision except Tract A which will require an exception from City Council pursuant to KMC 14.10.090 after a report by the Planning Commission. The City of Kenai requires development of dedicated rights -of -way. The 30' foot dedication off North Fern Street is a half - dedication matching the existing dedication of North Fem Street. The plat also identifies a 60' foot wide tract into the subdivision off North Dogwood Road identified as Tract A. Tract A is a parcel whose use and access appears limited solely to the owners of Kee's Tern Subdivision and Emergency Service Vehicles by plat note. The plat notes provide that Tract A is owned by KEE's Tern PZ13 -41 — Comments Page 2 Page 2 Subdivision Home Owners Association. All roads within the Kee's Tern Subdivision are intended to be private roads and will not be maintained by the City of Kenai unless brought to City standards, and Tract A is dedicated to and accepted by the City. The Kenai Peninsula Borough also has design requirements and development standards that will have to be met and /or grant waivers for development of this private subdivision such as: • 20.20.200 Address Lots - Access to Streets "each lot shall abut on a dedicated street." Since Tract A is not a "dedicated street" an exception must be granted by the Borough Planning Commission. • 20.20.150 Streets — Name requirements "Streets shall be named to conform to adjacent areas and to avoid duplication, and in the uniform manner prescribed by the commission." The plat identifies Tract A as a parcel not a street. They following synopsis provides action the City has taken with this plat to date: • December 28, 2012, Preliminary Plat Kee's Tern Subdivision was received for review. • January 9, 2013, the original preliminary plat (PZ13 -01) was reviewed and approved by the Planning & Zoning Commission with several contingencies, including granting exceptions to KMC 14.10.080(e) Public Water System and (f) Sanitary Sewer Services. The Planning Commission cannot grant exceptions they must make recommendations to Kenai City Council. • May 22, 2013, the Planning and Zoning Commission approved PZ13 -25, a recommendation to the Kenai City Council to approve exceptions to KMC 14.10.080, Minimum Improvements Required, by not requiring the developer to provide a public water supply and sanitary sewer lines for the Kee's Tern Subdivision, and amending PZ13 -01 to require that roads be constructed to the minimum standards required by City code. • June 5, 2013, the Kenai City Council approved Resolution No. 2013 -36 granting public water and sewer system exceptions to KMC 14.10.080, Minimum improvements, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. This carry's over with this plat. • June 26, 2013, the Planning and Zoning Commission approved PZ13- 31(PZ13- 25) recommending the Kenai City Council approve an exception for Kee's Tern Subdivision to KMC 14.10.080, Minimum Improvements Required, for construction of Subdivision roads that vary from minimum code requirements. • July 3, 2013, the Kenai City Council approved Resolution No. 2013 -55 granting road development standard exceptions to KMC 14.10.080 Minimum Improvements Required, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. The Martins intend to create a Homeowners Association to maintain the roads and accept ownership of Tract A. All parcels within the subdivision are subject to current City of Kenai Building and Zoning Codes. All streets are intended to be privately maintained by PZ13 -41 — Comments Page 3 Page 3 the Homeowners Association. There have been multiple correspondence /meetings between the Martins and City Administration to attempt to develop plat notes that outline requirements for future development within the subdivision. RECOMMENDATIONS This is a revised preliminary plat that subdivides a large parcel into a 24 -lot subdivision and creates Tract A as a parcel whose use and access is limited solely to the owners of Kee's Tern Subdivision and Emergency Service Vehicles. Tract A is intended to be maintained by a Homeowners Association. The property is located in the Rural Residential zone. The lots meet the development requirements for the zone. The property is located off North Dogwood Road which is developed and maintained by the City of Kenai. The lots in the subdivision meet ADEC standards for on -site water and sewer. The Kenai City Council granted an exception to KMC 14.10.080(e) Public Water System and (f) Sanitary Sewer Services. If in the future the City should extend water and sewer mains down North Dogwood Road, there will be sufficient room in the rights -of -way place the main lines. Recommend approval of the revised preliminary plat subject to the following: 1. Installation agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: a. Road design must be stamped by an engineer licensed in the State of Alaska. b. Signage including but not limited to stop signs, speed limit signs and street signs. c. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). d. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 2. City must be notified if gates are intended to be placed on the road way and approve plan for gates that assure adequate emergency vehicle access. 3. Homeowners Association must be formed and approved by the City of Kenai Planning & Zoning Commission prior to plat being finalized. 4. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200. 5. City requests opportunity to consider and comment on any new changes and /or additions added to plat. 6. The following plat notes must be sufficiently modified as follows: a. Plat Note 2. States "Tract A is a parcel whose use and access is limited solely to the owners of ..." This entails that others; mail carriers, PZ13 -41 — Comments Page 4 Page 4 guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as provided in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctuation or add words in the following "and to the mandatory payment of assessment, insurance dues." c. Plat Note 3 should explain who will be responsible for the prior review of site plans and construction. d. Plat Note 5. Replace last sentence with "Roadways constructed to Kenai Peninsula Borough Category III standards do not meet minimum standards required by City of Kenai and therefore if at any future time The City takes over ownership and/ or maintenance responsibilities of roadways within the subdivision roadways will have to be improved to meet current City of Kenai Standards. The cost of roadway improvements to meet City of Kenai standards will be bome by property owners in the subdivision by assessment without further approval required. 7. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to have a minimum width of 90 feet and Tract A is only 60 feet based on the following: allowing Tract A to have a width of 60 feet allows reasonable development of the subdivision given that Tract A is intended to be used for roadway purposes only and such an exception preserves public welfare and interests of the City and the general intent and spirit of the City's subdivision regulations. ATTACHMENTS: 1. Resolution No. PZ13 -01 2. Resolution No. PZ13 -25 3. Resolution No. 2013 -36 4. Resolution No. PZ13- 31(PZ13 -25) 5. Resolution No. 2013 -55 N CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -43 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 11, 2013, and received from Segesser Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement will be required. 5. Status of surrounding land is shown. 6. Utility easements must be shown on the final ulat. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200 referencing Street names 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, December 11, 2013. CHAIRPERSON: ATTEST: PZ13 -41 Resolution Page 2 Recommend approval of the revised preliminary plat subject to the following: 1. Installation agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: a. Road design must be stamped by an engineer licensed in the State of Alaska. b. Signage including but not limited to stop signs, speed limit signs and street signs. c. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). d. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 2. City must be notified if gates are intended to be placed on the road way and approve plan for gates that assure adequate emergency vehicle access. 3. Homeowners Association must be formed and approved by the City of Kenai Planning & Zoning Commission prior to plat being finalized. 4. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200. 5. City requests opportunity to consider and comment on any new changes and /or additions added to plat. 6. The following plat notes must be sufficiently modified as follows: a. Plat Note 2. States "Tract A is a parcel whose use and access is limited solely to the owners of ..." This entails that others; mail carriers, guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as provided in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctuation or add words in the following "and to the mandatory payment of assessment, insurance dues." c. Plat Note 3 should explain who will be responsible for the prior review of site plans and construction. d. Plat Note 5. Replace last sentence with "Roadways constructed to Kenai Peninsula Borough Category III standards do not meet minimum standards required by City of Kenai and therefore if at any future time The City takes over ownership and/ or maintenance responsibilities of roadways within the subdivision roadways will have to be improved to meet current City of Kenai Standards. The cost of roadway improvements to meet City of Kenai standards will be bome by property owners in the subdivision by assessment without further approval required. 7. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to have a minimum width of 90 feet and Tract A is only 60 feet based on the following: allowing Tract A to have a width of 60 feet allows reasonable development of the subdivision given that Tract A is intended to be PZ13 -41 Resolution Page 3 used for roadway purposes only and such an exception preserves public welfare and interests of the City and the general intent and spirit of the City's subdivision regulations. 2013 -10 -30 1347 KEE CONSTRUCTION 9075951632» P27q RECEIVED CITY OF KENAI NOV 2 5 2013 CITY OF KENAI PLANNING DEPAR E*T4NING DIEPARTMENT PRELIMINARY PLAT SUBMITTAL —�. • ,. t — APPLICANT mIei'i/ MAILING ADDRESS /Hd1 '&V Sa l CITY, STATE ZIP QC1.0 PHONE ( '7Cl%)asa- ® NAME OF PLAT oy ,6E / r n Su �1U /s ��n Preliminary Plat ❑ Revised Preliminary Plat -Rl I, SEWER: 0 On Site F City ❑ Community WATER: ® On Site ❑ City ❑ Community L on of ruouc Klgntct -Way Yes No 'RW'wsy ET NAME:,/Lt 'hoAl�wA %S vi7F/i J /(f'g T�nu �t.�oi ✓isiu�/ EXCEPTIONS REQUIRED AND REOUE$TED:-rhea,F vhea /� rr/,�•, +oil + grR.,r4e�l; male/ ¢ Se... 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ESQ °o��ei$ ? .•ES �$.�n�� E° � °Y3 E fid�fra'a S,fEv °YY rE' °EY` .E_-$Q E44 rvE'S 6 ° §.i£ 'SYab r`P9 ESb ice• e`R ��enEA ,d € E° ${En�gfiO �6 °` � 8¢€m�;�EQ:�A�q�E. 6 •Sa8 S °EEFYI @ p.eYa ^Fx$fe e$ #one .E3Fs Esc 3a'€vu6 ...All:ea�Fi�eSE.� wF Fa -? .se,E }; sly u Suggested by: Planning and Zoning Commission CITY OF KENAI RESOLUTION NO. 2013 -55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING ROAD DEVELOPMENT STANDARD EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request as the request was submitted at the meeting for the first time without public notice and did not have administrative support; and, WHEREAS, on June 5, 2013, the City Council approved waivers to KMC 14.10.080 for water and sewer requirements but not for road requirements because the Planning and Zoning Commission had not made a recommendation regarding a waiver of roads standards; and, WHEREAS, the developer subsequently timely submitted a request for exceptions to KMC 14.10.080 to construct roads within Kee's Tern Subdivision to Kenai Peninsula Borough Road Standards; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -31, passed on June 26, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080 road development standards as provided on Exhibit A to this Resolution; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the sub - divider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the Resolution No. 2013 -55 Page 2 of 2 improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the road development standards in Kenai Municipal Code and allowing the developer to build roads to the alternate standards proposed will allow for economical development of the subdivision in a reasonable manner and at the same time protect the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements; and, WHEREAS, the exceptions to the minimum standards approved will meet the traffic and maintenance needs of the subdivision and are supported by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council waives the requirements in KMC 14.10.080 that require the developer to construct the roads within Kee's Tern Subdivision to the standards in Kenai municipal code based on the findings stated above. Section 2. That pursuant to the recommendations of the Planning and Zoning Commission the City Council approves the following exemptions to the minimum road improvement standards for Kee's Tern Subdivision allowing for a 26 foot shoulder to shoulder width and inclusion of 4 inches of D -1 material on top of 6 inches of 2 inch gravel sub -base as provided in Exhibit A attached hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. PAT PORTER, MAYOR ATTEST: ,, ,, Sandra Modigh, City�rk r U c� CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13- 31(PZ13 -25) SUBDIVISION PLAT IMPROVEMENTS EXCEPTIONS A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE AN EXCEPTIONFOR KEE'S TERN SUBDIVISION TO KMC 14.10. 080, MINIMUM IMPROVEMENTS REQUIRED, FOR CONSTRUCTION OF SUBDIVISION ROADS THAT VARY FROM MINIMUM CODE REUIRMENTS. WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and was recommended for approval on January 9, 2013, subject to certain conditions; and, WHEREAS, the Kenai City Council approved exceptions to KMC 14.10.080(e) &(f) as recommended for approval by the Planning and Zoning Commission on May 22, 2013 subject to certain conditions; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Council the waiver of minimum improvements required for Council approval; and, WHEREAS, the developer of Kee's Tern Subdivision has requested that internal subdivision roads be constructed to a standard that varies from the minimum City Code requirements; and, WHEREAS, the alternate road standards proposed will protect the public welfare and interests of the City and preserve the general spirit and intent of the City's regulations and requirements. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petition exceptions to the minimum improvements required for Kee's Tern Subdivision is hereby recommended to the Kenai City Council subject to following. 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum road improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: i. Grant exception of 30 -foot (30') to 26 -foot (26') shoulder to shoulder width. ii. Grant an inclusion of 4- inches (4 ") of D -1 material on top of the six- inches (6 ") Borough type two (2) gravel. 2. The Planning Commission makes the following findings in support of the variations and exceptions approved in Section 1; i. Width of road is consistent for traffic needs. ii 4- inches (4 ") of D -I is required for future maintenance of roads. iii. City Manager stated 30 -feet (30') was a wide road, and suggested reducing the road width to 26 -feet (26'). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING PUBLIC WATER AND SEWER SYSTEM EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -25, passed on May 22, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080(e)and(I), Minimum Improvements Required, to waive the requirement that the developer of Kee's Tern Subdivision provide a public water supply and sanitary sewer lines for each lot in the subdivision; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision additionally requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the sub- divider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the requirement of KMC 14.10.080(e) requiring the provision of a public water supply to each lot is reasonable as the proposed lot sizes are over 40,000 square feet and can adequately support on site water, City fire protection is available and onsite water is consistent with the surrounding neighborhood; and, Resolution No. 2013 -36 Page 2 of 2 WHEREAS, waiving the requirement of KMC 14.10.080(f) requiring the provision of sanitary sewer lines to serve each lot is reasonable as the lot sizes are over 40,000 square feet and can adequately support on -site sewer systems, bringing a sewer system to the subdivision is cost prohibitive as it would require boring under the Kenai Spur Highway, and soils are adequate to support on -site waste water; and, WHEREAS, the Planning and Zoning Commission conditioned its recommendation for exceptions to water and sewer requirements that if water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer must be extended to serve the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KEN AI, ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council waives the requirements in KMC 14.10.080 that require the developer to provide a public water system and sanitary sewer lines to each lot in the subdivision based on the findings stated above. Section 2. That if water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer must be extended to serve the subdivision. Section 3. Council's action to provide for a waiver for the request for public water and sewer shall be revoked if the subdivision or individual phases of the subdivision are not complete and accepted by the City within ten (10) years of this action. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5w day of June, 2013. ATTEST: Cam_ Sandra Modigh, City Clerk R A QUIS, V CE A OR CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -25 tHeaof SUBDIVISION PLAT IMPROVEMENT EXCEPTIONS KEKAL ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI 1 RECOMMENDING THE KENAI CITY COUNCIL APPROVE EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, BY NOT REQUIRING THE DEVELOPER TO PROVIDE A PUBLIC WATER SUPPLY AND SANITARY SEWER LINES FOR THE ATTACHED SUBDIVISION PLAT AND AMENDING PZ13 -01 TO REQUIRE THAT ROADS BE CONSTRUCTED TO THE MINIMUM STANDARDS REQUIRED BY CITY CODE. WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and were recommended for approval on January 9, 2013, subject to certain conditions; and, WHEREAS, further review requires the City of Kenai Planning and Zoning Commission to amend the minimum road standards imposed; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Council the waiver of water and sewer requirements for Council approval. 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: a. Public water system required pursuant to KMC. 14.10.080(e) not be required based on the following findings: i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site water. ii. City fire protection is available. iii. On -site water is consistent with surrounding neighborhood. b. Sanitary sewer lines required pursuant to KMC. 14.10.080(f) not be required based on the following findings: i. Lot sizes are over 40,000 sq, feet, which are adequate to support on -site sewer. ii. Cost prohibitive to boring under the Kenai Spur Highway. iii. Soils are adequate to support on -site waste water. 2. Resolution PZ13 -01 is amended by repealing the requirement that the developer build paved roads and instead require all streets in the subdivision be built to the minimum standards required by City Code. 3. If water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer will be extended to serve the subdivision. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 22, 2013. Res. PZ13 -25 (Amending PZ13 -01) 1. An Installation Agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: -end eans#ueted to (a.) Design must be stamped by an engineer licensed in the State of Alaska. (b) Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. b- StFeets will bet c. Signage including but not limited to stop signs, speed limit signs and street signs. d. Back slopes must be top soiled and seeded. e. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. f. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 2. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. CITY OF KENAI —? PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -01 SUBDIVISION PLAT ` A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platKEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and received from Segesser Surveys WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to theCity of Kenai for the referenced property. 4. Installation agreement or construction of improvementsIS required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVEKEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 9.2013. ATTEST: PZ13 -01 Resolution Page 2 1. Grant an exception to KMC 14.10.080(e) (Public Water System) and (f) (Sanitary Sewer Service). 2. Installation agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: a. Streets and drainage plans must be designed and constructed to Municipality of Anchorage Standard Specifications (2009 MASS) b. Design must be stamped by an engineer licensed in the State of Alaska. c. Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. d. Streets will require a minimum 24 -foot paved surface, with 2 -foot shoulders and approved excavation and backfill. e. Signage including but not limited to stop signs, speed limit signs and street signs: f Back slopes must be top soiled and seeded. g. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. h. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 3. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. WW "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMO: TO: Planning & Zoning Commission FROM: Rick Koch, City Manager /Acting City Planner DATE: November 13, 2013 SUBJECT: PZ11 -22 — Conditional Use Permit — Motor -Cross Race Track — 490 Shotgun Drive In September 2011, the City of Kenai Board of Adjustment issued their decision in the appeal of the above - referenced Conditional Use Permit. To ensure compliance is being met, the Planning and Zoning Commission scheduled a review of PZII -22 at the end of the 2013 racing season. The applicant is in compliance with sales tax and State business licensing requirements. There is no record of any complaints being received by the City. A notice has been sent to surrounding property owners advising them that the Commission will be reviewing the permit at your December 111h meeting. Unless there are unforeseen issues brought to the City's attention, it is my recommendation the Commission grant permanent status to the Conditional Use Permit under the conditions listed in KMC 14.20.150. ""Village with a Past, C# with a Ftrtre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.oi.kenai.ak.us the city o f U November 14, 2013 Kenai Peninsula Racing Lions P.O. Box 2755 Soldotna, AK 99669 RE: PZ11 -22 — Conditional Use Permit — Motor —Cross Race Track — 490 Shotgun Drive A review of the above - reference Conditional Use Permit has been scheduled for the December 11th Planning & Zoning Commission meeting. Notices will be sent to adjoining property owners to advise them the Commission will be reviewing the permit to consider granting permanent status. Attached is a copy of the memo regarding the permit status being provided to the Commission. Unless there are unforeseen issues brought to the City's attention, it is my recommendation the Commission grant permanent status to the Conditional Use Permit under the conditions listed in KMC 14.20.150. If you have questions regarding the process, don't hesitate to contact me. I will inform you of the Commission's decision after the meeting. Sincerhh is City Manager /Acting City Planner Attachment KENAI PENINSULA BOROUGH ,;N L Planning Department • Land Management Division 944 North Binkley Street o Soldotna, Alaska 99669 -7520 v PHONE. (907) 714 -2200 o FAX (907) 714 -2376 Toll -free within the borough: 1- 800 - 478 -4441, Ext. 2200 www.borouoh kenai ak us MIKE NAVARRE BOROUGH MAYOR November 13, 2013 VIA Email RE: Kenai Peninsula Racing Lions Dear Ms. Carver: Ordinance 2010 -36 (substitute) was enacted May 2, 2012 and a negotiated 30 year lease was then executed. This terminated the Land Use Permit the Kenai Peninsula Borough had with the Racing Lions. To date the Racing Lions are in compliance with the terms of the lease. Please let me know if this letter satisfies your requirements or if you need additional information, I can be reached at 907.714.2208, Sincerely, Keit Snarey Land Management Agent CC: Marcus Mueller, Land Management Officer Carver From: Nancy Carver Sent: Tuesday, November 12, 2013 3:24 PM To: 'Mueller, Marcus' Subject: Race Track Compliance Attachments: SCity_HaII13111215030.pdf HI Marcus, the Planning Commission is suppose to review the Kenai Peninsula Racing Lions CUP PZ11 -22 for compliance at their next meeting. Attached is a letter outlining what needs to be done to remain in compliance. Is the race track in compliance with the Kenai Peninsula Borough? «ry A NENAI,AIgSNA W Nancy J. Carver Planning Assistant City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907 -283 -8237 From: bizhub@ci.kenai.ak.us [mailto:bizhub(c)ci kenai ak us] Sent: Tuesday, November 12, 2013 2:03 PM To: Nancy Carver Subject: Message from City—Hall March 29, 2013 Sam Emery, Secretary/Treasurer Kenai Peninsula Racing Lions P.O. Box 2755 Soldotna, AK 99669 "Villaye with it Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bA.� Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us 1'1111 1997 RE: PZ 11 -22 — Conditional Use Permit — Motocross Track — 490 Shotgun Drive Dear Ms. Emery: On September 22, 2011, the City of Kenai Board of Adjustment issued their decision in the appeal of the above - referenced Conditional Use Permit. To ensure compliance is being met, the Planning & Zoning Commission is scheduled to review PZ11 -22 at the end of the 2013 racing season. As a reminder, to remain in compliance with the Conditional Use Permit the following conditions are required: • Provide City of Kenai a 2013 Event calendar including hours of operation. • Excludes motocross race events from the hours of operation for example City Races and state race weekends) held on weekends and on State holidays. o Attached is a copy of the BOA decision concerning hours of operation. Any deviation from this would require an amendment. • The Racing Lions shall comply with any and all conditions and requirements of the Land Use Permit issued by the Kenai Peninsula Borough. • The Racing Lions shall immediately inform the City of any oil and hazardous substance spill on the property that it is otherwise required to report to the Borough or to any state of federal regulatory agency and such information shall be provided to the City within ten (10) calendar days of its distribution to those agencies. o On file. • The Racing Lions shall provide the City with copies of all enforcement orders and notices of violation (or alleged violation) received by the Racing Lions from the Kenai Peninsula Borough or from any state of federal regulatory agency with respect to its operations on the Property and such information shall be provided to the city within ten (10) calendar days of its receipt by the Racing Lions. • The Racing Lions shall post at least three new sets of signs on the Property. The signs shall be located at the fork in the road on Shotgun Drive leading to the entry gate, on the entry gate, and in another conspicuous location where bikes may enter the trace. One set of signs shall display the practice schedule. The other set of signs shall say "No Trespassing." The Racing Lions shall maintain these signs throughout the life of this permit so that the signs are easily readable and in good condition. O Provide photos the required signs are still in place as required. If I can provide further assistance, don't hesitate to contact me, Sin er y, 1 i av'e Planning & Zon4 Assistant I can be reached at 283 -8237. Copy via Email: • Marcus Mueller, Land Manager, Kenai Peninsula Borough, 144 North Binkley, Soldotna, AK 99669 - MMueller ,borough -kenai.ak.0 • Sam Emery, Kenai Peninsula Racing Lions, Motocross President - Sam @EmeryAlaska.com P� distribution to those agencies (this replaces condition 3 as set out in Commission Resolution PZ11 -22). d. The Racing Lions shall provide the City with copies of all enforcement orders and notices of violation (or alleged violation) received by the Racing Lions from the Kenai Peninsula Borough or from any state or federal regulatory agency with respect to its operations on the Property and such information shall be provided to the City within ten calendar days of its receipt by the Racing Lions. e. The Racing Lions shall post at least three new sets of signs on the Property. The signs shall be located at the fork in the road on Shotgun Drive leading to the entry gate, on the entry gate, and in another conspicuous location where bikes may enter the track. One set of signs shall display the practice schedule. The other set of signs shall say "No Trespassing." The Racing Lions shall maintain these signs throughout the life of this permit so that the signs are easily readable and in good condition. f. The hours of operation for motocross activities shall be Iimited as follows (nothing requires the Racing Lions to utilize all permitted hours and it may elect to open its motocross track for fewer hours): Sunday: The track shall be closed. Monday: The track shall be closed. Tuesday: The track may be open from 12:00 p.m. through 8:00 p.m. only. Board of Adjustment Decision — Appeal of Robert E. Flanders Page 14 of 17 Wednesday: The track may be open from 3:00 p.m. through 8 :00 p.m. Thursday: The track may be open from 12:00 p.m. through 8 :00 p.m. only. Friday: The track may be open from 12:00 p.m. through 8:00 p.m. only. Saturday: The track may be open from 12:00 p.m. through 8:00 p.m. only. g. The schedule in subparagraph f, immediately above, does not apply to motocross race events (for example City Races and state race weekends) held on weekends and on State holidays, which events are permitted. h. Because Radio Control (RC) and BMX racing will not add any significant additional noise or traffic to the area, and because no specific objection to those additional uses was made (only a request for clarification), the Board affirms the Commission's decision that the Racing Lions may further expand the facility to include a new track and activities with respect to RC and BMX racing. Any RC and BMX racing must occur during the same hours of operation as the motocross activities on the Property. Pit bikes are not permitted due to their potential to generate additional noise and traffic in the area. If the Racing Lions wants to have pit bike activities on the Property, it must apply for a separate conditional use permit for that expanded use. (This modifies condition 1 as set out in Commission Resolution PZ11 -22.) All information required by these conditions shall be directed the Kenai City Manager at Kenai City Hall, 210 Fidalgo Avenue, Kenai, AK 99611. Failure to comply with any of the conditions of the CUP is grounds for revocation of the CUP. Board of Adjustment Recision— Appeal of Robert E. Flanders Page 15 of 17 Ad y 01TY RAC Races start at P 1 -00 M 2. #1 -Jane 8 #2 - June 29 #3 - juiy 20 A wwwk "d Kenai, AK9 MAI ro A ENERGY HEAVY EQUIPMEN, R.NTAl. . awerspasis O WN I's WW ELECTRICAL SUPPLY Co.. Irip, y f I i 1 A. • l m f . nr. N. 1 M SUNDAY - YY Y 1 1 ✓ 1. .. jyy_ A . v• . a� I b Alf, °�w !tit f40`, TRACK lLj,fD TRACK I IN RESPECT TO OUR NL-IGH80RS NEU SCULE TIMES % „ sy. r SUNDAY..::: ', kRSOLUTELY NO MONDAY .: -:..: MOTORCYCLES OR ATV'S TUESDAY - OPEN PRACTICE MEMBERS (]NlV yiw4 dO lw wEDNESOAY ON THE I'll MOTOCROSS TRACK U:.:4 b OUPM: THURSDAY -OPEN PRACTICE AFTEP 8:00PM FRIDAY `OPEN PRACTICE NOOM 4110 V'M SATURDAY . OPEN PRACTICE kOON N JcaM l _` e i I r�. .Y k e — � f) YRALK TRACK F RE SUNDAY - CI. OSED MONDAY - CLOSED �{ MESOAY OPEN PRACTICE nne.n aovaE ,y . IkDNESDA ESDAY WE GAU.`• t v xron- e."oapw v« FVfURSDAY OPEN PRACTICE .wn.eoovM MDAY .OPEN PRACTICE . ..M FLY OwNOON LO -oM 'r t �e SATURDAY OPEN PRACTICE _ � vaun¢¢��eauven /�} h .P rari1e�r5M1{aGA WU� IVR.w I r�. .Y k e — � f) STAFF REPORT To: Planning & Zoning Commission Prepared By: nc Date: November 13, 2013 Res: PZ13- 38(08 -61) GENERAL INFORMATION Applicant: Requested Action Parcel ID: Legal Description Existing Zoning: Current Land Use ANALYSIS Shilo Miller P.O. Box 920 Sterling, AK 99672 Veronica's Coffee Shop 602 Petersen Way Kenai, AK 99611 702 - 340 -2737 283 -2725 Transfer of Conditional Use Permit 04704015 Lot 39A, Dolchok Subdivision TSH — Townsite Historic Commercial — Coffee House i1 Shilo Miller has purchased Veronica's Coffee Shop. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The applicant states it is her intent to continue to operate the use of the permit in accordance with the operations described in the current permit. Based on the written request and plan to continue the use as currently allowed under Conditional Use Permit PZ08 -61, approval of the transfer should be granted. This business has operated from the above - referenced location since 1997. This property is leased from Michael Carpenter, who has no problems with the transfer. Building Official: No building code issues. PZ13 -38 (08 -61) Comments RECOMMENDATIONS Page 2 Kenai Municipal Code 14.20.158 outlines the requirements for transferring Conditional Use Permits. The request to transfer this permit meets the requirements of KMC 14.20.158, which states: (a) No conditional use permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. Applicant has provided a copy of their business license and has registered with the Kenai Peninsula Borough to collect sales tax. Recommend approval. ATTACHMENTS: a. PZ13 -38 — Conditional Use Permit Application Request for Transfer b. PZ13 -38 (PZ08 -61) — Resolution i CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -38 (PZ08 -61) TRANSFER OF CONDITIONAL USE PERMIT COFFEE HOUSE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A COFFEE HOUSE AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: Diane E. Hooper to Shilo Miller WHEREAS, the Commission finds 1. That a Conditional Use Permit was granted to Diane E. Hooper on December 10. 2008. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3. That Shilo Miller submitted a request for transfer on November 12, 2013. 4. That the transfer requires that the permit continue operation under conditions originally outlined. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR DIANE E. HOOPER FOR A COFFEE HOUSE BE TRANSFERRED TO SHILO MILLER. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 11, 2013. CHAIRPERSON ATTEST APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT KMC 14.20.150(i)(5) & 14.20.158 KE9GI4GlASKA CURRENT CUP HOLDER (TRANSFEROR) NEW CUP HOLDER (TRANSFEREE) Name: .0 i E E_. Name: Mailinq Address: PO, c e Mailin :Address: City, State Zip: gS Cit ,State Zi 7G Phone Number: 07 a 3 —& Phone Number: Fax Number: Fax Number: Email: Email: (ov�V�a �i✓l I1ap,tc n� PROPERTY INFORMATION FOR EXISTING CONDITIONAL USE PERMIT Property Tax ID #: \ Current CUP Resolution #: Site Street Address: Current Legal Description: Zoning: Acreage: (j . PROPERTY INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT - IF DIFFERENT Property Tax ID #: & Site Street Address: Current Le al Descri tion: U3 q Zonin : Acreage: r.. �3 CERTIFRICATION OF TRANSFEREE: I hereby certify that 1 am the property owner (transferee), or have been authorized to act on behalf of thg property owner', and hereby apply for a transfer of conditional use permit PZ/. I agree to operate under the terms and conditions of the original conditional use permit and application. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Th o going instrum t was acknowledge efo e m s 0 day o �0\/ 2013, by on behalf of the Company. -3118 Not ubli for A aska My Commission pires: f VV.L `'ate,,• Revised 11/4/2013 to cem tf'l Cu,rptJoc' d8'v s3 ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledge that k 1 O ( 'ef,-, (name of Transferee) has applied for a transfer of Conditional Use Permit PZ - and consent to the transfer. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Company. was acknowledged before me this U day of L 2013, by_ / 1 , on behalf of the 2,•�pTA/Zy ..p �. P(JBLIG ' Requires sufficient written approval. Revised 11/4/2013 Notary Public £o My Commission 7C STAFF REPORT To: Planning & Zoning Commission Prepared By: nc Date: November 21, 2013 Res: PZ13 -39 GENERAL INFORMATION Applicant: Chad Parker 701- 629 -5770 dba: National Association Alaska Duck Shooters (N.A.A.D.S.) 1505 Pine Avenue Kenai, AK 99611 Requested Action Legal Description Street Address: KPB Parcel No.: Existing Zoning: Current Land Use Land Use Plan: ANALYSIS Home Occupation – Gun Business Lot 3, Block 1, Northgate Subdivision Part One 1505 Pine Avenue 04334008 RS— Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.230 outlines regulations that allow home occupations in residential neighborhoods. Attached is a copy of this section of the Title 14. The applicant has his Federal Firearms License to sell firearms, a State of Alaska business license and is registered to collect sales tax from the Kenai Peninsula Borough. Mr. Parker states the nature of the business will be providing legal purchase transfer and receiving of firearms by phone, computers and scheduled appointments with customers. There will be no ammunition, manufactured, stored or sold beyond personal usage within the property. Due to the nature of the license, Mr. Parker will be the only employee conducting business from this location. The usage will be less than 30% of the gross floor area. Traffic will be minimal to the neighborhood. A Home Occupation Permit allows the placement of one (1) sign less than or equal to five (5) square feet, no closer than 10 feet to any property line and no lighting. The use, as described, meets the criteria for a home occupation as listed in KMC 14.20.230. If approved, this will be the fourth Home Occupation Permit to operate a gun shop in a residential neighborhood. The City has no complaints on any of the previous home businesses. RECOMMENDATIONS The applicants have provided information that the proposed gun shop will be operated under the requirements for a home occupation. Specifically: • Only Mr. Parker will be employed in the business. • Less than 30% of the gross floor area of all buildings will be used for the business. • The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. • Business will be conducted by phone, computer, mail orders, and scheduled appointments with customers. • Code allows one sign per use not to exceed five square feet. • Remain current on all obligations to state, federal and local Remain in compliance with all state, federal and local regulations. Recommend approval of the Home Occupation Permit for a gun shop. ATTACHMENTS: 1. Resolution No. PZ13 -39 2. Application 3. KMC 14.20.230 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ13 -39 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Gun Shop (Type of Permit) OPERATED BY: Chad Parker LOCATED: Lot 3, Block 1, Northgate Subdivision Part One — 1505 Pine Avenue (Street Address and Legal Description) WHEREAS, the Commission finds 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on November 20. 2013 . 2. That the application has been reviewed by the Commission at their meeting of December 11, 2013 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 3. That the following additional requirements have been established by the Commission as a condition of permit issuance: • See Page Two NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 11th day of December, 2013. Chairman: ATTEST: PZ13 -39 Page 2 Parker, Chad The applicants have provided information that the proposed gun shop will be operated under the requirements for a home occupation. Specifically: • Only Mr. Parker will be employed in the business. • Less than 30% of the gross floor area of all buildings will be used for the business. • The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Business will be conducted by phone, computer, mail orders, and scheduled appointments with customers. • Code allows one sign per use not to exceed five square feet. • Remain current on all obligations to state, federal and local Remain in compliance with all state, federal and local regulations. APPLICATION FOR HOME OCCUPATION PERMIT KMC 14.20.230 AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a home occupation permit in conformance with Title 14 of the Kenai Municipal Code. I understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative reasons. I understand that n ,{/vv 1v/3 7/17/2013 CITY OF NOV 2 6 2013 PLANNING DEI'~P . r- rneighbor, CCUPATION STANDARD KMC 14.20.230) ccupations specifies that a permit is required for operating a business out of a home. ccupations are considered an accessory use and conducted so that the average under normal circumstances would not be aware of its existence other than for a ermined in this chapter. 1. Permitted Use: (describe business) rcm A sb l t S PA a. Not more than one (1) person outside the family shall be b. No more than thirty percent (30 %) of the gross floor area of all building on the lot shall be used for the Home Occupation: c. The Home Occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Day care facilities shall be inspected by the Fire marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public —1-1- 7/17/2013 Page 2 of 3 • Commercial auto and boat repair. • Commercial kennels or similar uses. • Convalescent homes for the care of more than two (2) patients. • Mortuaries. • Private schools with organized classes. • Real estate office. LAND USE Describe current use of property covered by this application: �f:rso —I POI-.c- Surrounding property: (Describe how land adjacent to the property is currently being used) North: CkW'Ov x South: 5j:'kW1 East: �1�rstrwl � {on..� West: 7/17/2013 Page 3 of 3 14.20.230 Home occupations. 14.20.230 Home occupations. (a) Intent. It is the intent of this chapter to permit home occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio; (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver; (3) Dressmaking; (4) Sewing and tailoring; (5) Barbers and beauticians; and (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair; (2) Commercial kennels or similar uses; (3) Convalescent homes for the care of more than two (2) patients; (4) Mortuaries; (5) Private schools with organized classes; (6) Real estate office; and (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application on the consent agenda of the Planning and Zoning Commission. Otherwise, the administrative official shall place consideration of the application as a regular new business item on the Commission's agenda. Applications listed on the consent agenda are considered routine and will be approved by one (1) motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning Commission that an application does not meet the criteria of KMC 14.20.230 may be appealed in accordance with KMC 14.20.290. (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section is not transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: littp:Hww .gcode.us/ codes /kenai /view.php? topic =l4- 14_20 - 14_20_230 &frames= on[11 /2 L'2013 1:39:33 PM] 14.20.230 Home occupations. (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A State - approved relative home day care provider that provides care to no more than five (5) children (including the caregiver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the caregiver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. (Ords. 925, 1456, 1885 -2000, 1933 -2001, 2093 -2005, 2648 -2012) littp:Hwww.gcode.us/ codes /kenai /view.php? topic =l4- 14_20 - 14_20_230 &frames =on[I 1/21/2013 1:39:33 PMl P.1 "V'�l(,/ /rte(// /rye with a Pas% GiJYL /��/� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 9%11 -7794 W e.ti,,�Gay Telephone: 907 - 283 -75351 FAX: 907- 283 -3014 '�IIII xENn sn 1992 SIGN PERMIT APPLICATION Applicant: / I Pat-KC�- Mailing Address: pi &sL4 s• >^ � m isor P. „s Are- City, State, Zip: kr-r .; Ale— F9C r� Phone: —2o 5-7 76 Contractor: Mailing Address: City, State, Zip: Phone: Building Address of Sign Location: /S'D -T- A v ke „&1' r4k r Type of Sign: I ' Zoning District: Signature of Applicant or Authorized Agent: Date: ,?2 d G F m2o /3 ATTACH DRAWING OF SIGN WITH DIMENSIONS AND SITE PLAN SHOWING PROPOSED LOCATION OF SIGN. P ;.c ,4w K F arJv� •+ Y e 14 4-5- Reset Form �k�,C pi &sL4 s• >^ � m 1Frbr,n 14o wk !i /QC1- STAFF REPORT To: Planning & Zoning Commission Prepared by:nc Date: November 25, 2013 Rs: PZ13 -40 GENERAL INFORMATION Applicant: PRL Logistics, Inc. 907- 264 -9440 (office) C/O Ron Hyde 907 - 223 -1242 (cell) 421 W 15t Ave., Suite 250 Anchorage, AK 99501 Requested Action: Transfer of Conditional Use Permit — Hotels, Motels, Restaurant Bar, Food Vendors, Bakery, Theatre /Commercial Recreation and Recreational Vehicle Park Current Legal Description: Tract A, Kenai Landing Cottages Subdivision Current Street Address: 2101 Bowpicker Lane Proposed Street Address: 2101 Bowpicker Lane Units 5 & 6 Current KPB Parcel No: 04910123 Proposed KPB Parcel No: 04910123CO05 & 04910123CO06 Existing Zoning: IH — Heavy Industrial Current Land Use: Commercial ANALYSIS On October 22, 2003, the Planning and Zoning Commission approved Conditional Use Permit PZ03 -43. The applicants Jon Faulkner and Steve Agni dba Kenai Landing Inc., included a detailed description of the proposed development plan for this property, "the petitioner's plans to revitalize this community with a visitor - friendly mix of retail and hotel -style uses, including overnight and weeklong lodging with a historic theme, small scale value added fishing processing, and a vibrant arts and entertainment scene." The applicants applied for a conditional use permit for the following uses: • Hotels /Motels • Restaurant • Sales of Alcohol Beverages (bar) • Food Vendors • Bakery • Theatre • Commercial Recreation (commercial presentations) • Recreational Vehicle Park The property is surrounded by properties zoned heavy industrial and the redevelopment has not adversely affected these properties. The City has received no complaints during the operation of the permitted uses though many of the uses have not operated. The parcel is approximately 57 acres, the size of the parcel allows for development with minimal effect to the neighboring parcels. In 2012, Kenai Landing, Inc. created Kenai Landing Commercial Condominiums a common interest community within which residential and commercial buildings and improvements may be constructed. It is the intent of the parties to transfer the rights and interests in the Conditional Use Permit from the current permit holders (transferor) to the new permit holder (transferee) only for the area /unit purchased by the transferee while the transferor maintains the Conditional Use Permit for the remainder of the Parcel. Ron Hyde with PRL Logistics, Inc. purchased an interest in the property (a unit or units of the common interest community) described above and has filed an application requesting transfer of Conditional Use Permit PZ03 -43. The original Conditional Use Permit holder(s) have consented to the transfer. The applicant has agreed to be bound by the plan and statement(s) contained in the application of the original permit. If at any time the applicant amends conditional use PZ13 -40, a public hearing will be required. Mr. Hyde currently has an active State of Alaska Business license but is not registered with the Kenai Peninsula Borough to collect sales tax. Building Official: Existing uses on transferor units are unaffected. Any new uses or changes of use must comply with all current codes, even if the new or changed use is in existing buildings. For example, if the use in a building changes, the building must meet current code standards for the new or changed use. All buildings must be marked with its proper unit number not less than 4" as prescribed in KMC 14.15.060(b). RECOMMENDATIONS Kenai Municipal Code 14.20.150(1) outlines the process for Conditional Use Permits that lapse, uses that cease for a period of time, and time extensions. Because the applicant intends to use all of the individual uses outlined above, and separating the uses would require a public hearing, staff is recommending the uses remain under one Resolution number for now. However, if the 2014 annual report shows some uses were not utilized, a public hearing will be scheduled to specifically modify the Resolution to include only the uses that were operated. 1. Comply with all state, local, and federal regulations. 2. Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water systems for the conditional uses. 3. Provide landscape /site plans for review and approval when applications for building permits are submitted. 4. Provide landscape /site plan for the recreational vehicle park for review and approval. 5. If the recreational vehicle sites are increased in the future, submit landscape /site plan for approval. 6. Provide verification of sales tax registration with the Kenai Peninsula Borough. 7. Mark all buildings with proper unit number not less than 4 ". 8. Review 2014 annual report to verify that all uses were operated otherwise the Conditional Use Permit must be amended to remove the uses not operated. ATTACHMENTS: Application for Transfer Original Resolution PZ03 -43 Site Plan =' "'VI'llage with a Past, Gc� with a Future i� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us .therlfvai CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -40 APPROVING THE TRANSFER OF CONDITIONAL USE PERMIT FROM KENAI LANDING INC.. JON FAULKNER, PRESIDENT TO PRL LOGISTICS, INC., C/O RON HYDE WHEREAS, the Commission finds: 7. A Conditional Use Permit was granted to Jon Faulkner and Steve Agni on October 22, 2003. 2. The original Conditional Use Permit is still in effect. 3. PRL Logistics, Inc. C/O Ron Hyde has purchased Units 5 and 6, a portion of the interest in land from Tract A, Kenai Landing Cottages Subdivision. 4. The original Conditional Use holder(s) has consented to the transfer. 5. The transfer requires the new land owner to operate under the same conditions of the original Conditional Use Permit and application: a. See Page 2 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT GRANTED TO JON FAULKNER AND STEVE AGNI - KENAI LANDING INC. FOR HOTELS, MOTELS, RESTAURANT, BAR, FOOD VENDORS, BAKERY, THEATRE/ COMMERCIAL RECREATION, AND RECREATIONAL VEHICLE PARK BE TRANSFERRED TO PRL LOGISTICS, INC C/O RON HYDE, FOR THE PROPERTY DESCRIBED AS: TRACT A, KENAI LANDING COTTAGES SUBDIVISION — 2101 BOWPICKER LANE UNITS 5 & 6. ANY PROPERTY NOT INCLUDED IN THIS TRANSFER, REMAINDER OF PARENT PARCEL, SHALL RETAIN THE ORIGINAL CONDITIONAL USE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 11.2013. CHAIRPERSON 11/25/2013 ATTEST PZ13 -40 Resolution Page 2 The project appears to meet the requirements for a conditional use permit. Recommend approval with the following requirements: 1. Comply with all state, local, and federal regulations. 2. Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water systems for the conditional uses. 3. Provide landscape /site plans for review and approval when applications for building permits are submitted. 4. Provide landscape /site plan for the recreational vehicle park for review and approval. 5. If the recreational vehicle sites are increased in the future, submit landscape /site plan for approval. 6. Provide verification of sales tax registration with the Kenai Peninsula Borough. 7. Mark all buildings with proper unit number not less than 4 ". 8. Review 2014 annual report to verify that all uses were operated otherwise the Conditional Use Permit must be amended to remove the uses not operated. 11/25/2013 Nov 22 2013 4:17PM LE Acct Office 9072350430 page 1 �I R APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT KMC 14.20.150(i)(5) & 14.20.158 IIEY � A CURRENT CUP HOLDER(TRANSFEROR) I NEW CUP HOLDER (TRANSFEREE) Name: Kenai Landing Inc., '....: Jo» Faulkner Pres. I Name: PRL Logistics, Inc., CIO Ron Mailing Address: 4786 Homer Spit Rd. Mailing: Address: 421 W. 1s Ave., Suite Tile 250 City, State Zip: Homer, AK 98603 City, State Zip: Anchorage, AK 99501 Phone Number: 907- 399 -3410 (cell) Phone Number. 907 - 223 -1242 (cell} 907 - 264 -9440 Office Fax Number: 907- 235 -0421 Fax Number: 907 - 261 -9441 Email. landsendjdf mail.com Email: ron-hyde@paaimlog.com PROPERTY INFORMATION FOR EXISTING CONDITIONAL USE PERMIT Property Tax ID #: 04910123 Current CUP Resolution #: PZ03-43) Site Street Address: 2101 Bow picker Lane Current Legal Description: Tract A, Kenai Landing Cottages Subdivision Zoning: IH - Heavy Industrial Acreage: 49.02 PROPERTY INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT - IF DIFFERENT Property Tax ID #: 04910123CO Site Street Address: 2101 Bow picker Lane - Units #5 & 6 Current Legal Description: Units 5 and 6, Kenai Commercial Condominiums, according to the Declaration recorded at 2012- 004487 -0, and as amended by an Amendment to the Declaration recorded at 2013 - 009115 -0. Zoning: IH - Heavy Industrial Acreage: See declaration CERTIFICATION OF TRANSFEREE: I hereby certify that I am the property owner (transferee), or have been authorized to act on behalf of the property owner`, and hereby apply for a transfer of conditional use permit (PZ03-43 . 1 agree to operate under the terms and conditions of the original conditional use permit and application, which are outlined below under "Terms and Conditions of PZ0343 ". I understand site Terms and Conditions of PZ03 -43 1) 2) 3) 4) 5) Revised 11/6/2013 Nov 22 2013 4 :17PM LE Acct Office 9072350430 page 2 Page 2 Intent of the Parties: In submitting this Application for Transfer of Conditional Use Permit, it is the expressed intent of the City of Kenai, the Transferor and the Transferee to recognize a transfer of all the rights and interests in PZ03-43 that are held by the Current CUP holder (Transferor) to the New CUP holder without altering the rights and interests of The purpose of this transfer is to establish a separate account for the Transferee, which the City of Kenai can use to monitor compliance and manage the account independent of, and without consequence to, the Transferor. Date: �'� /� Tfer to STATE OF ALASKA ) ass. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me jhjsdlL day of RON HYDE — PRL LOGISTICS: INC. on behalf of the Cdopany. �OTARy'•�� a A(/BLIC T $ - • OF Alp .- 1, Revised 11/6/2013 Notary Publicfor My Commission 13, by Nov 22 2013 4:17PM LE Acct Office 9072350430 page 3 ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledge that Ron Hyde C/O PRL Logistics, Inc, (name of Transferee) has applied for a transfer of Conditional Use Permit PZ03 -43, and consent to the transfer. 10'vem ,ler za .to l3 STATE OF ALASKA THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before JON FAULKNER C/O Kenai Landing, Inc., on beh �\\jV No 2P�pTA/�y P l My PUBLIC = s,cito t day of " 2013, by It is the intent of the parties to transfer the rights and interests in the CG'P from the current CUP holder (transferor) to the New CUP holder (transferee) so Ilse CUP can he managed independently of the Transferor by the City of Kenai, without dinsinishing or altering the rights and interests of the Transferor in the original CUP. Revised 11/6/2013 1 I~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03 -43 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Jon Faulkner and Steve AQni USE Hotels /Motels, Restaurant, Bar, Food Vendors, Bakery Theatre /Commercial Recreation, and Recreational Vehicle Park LOCATED: Government Lot 9 in Section 8 and Government Lots 11 and 12 in Section 17 excluding therefrom that portion as per easement 183 @ 450 2101 Bowpicker Lane (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04910104 & 04910103 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 30, 2003 2. This request is on land zoned: IH — Heavy Industrial 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. �e_.. potctE �. Psi 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 22, 2003. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED USES LISTED ABOVE MEET THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE C FICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 22, 2003. r CHAIRPERSO ���TTEST: PZ03 -43 Page 2 1 . Comply with all state, local, and federal regulations. 2. 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[ 'c ��x s OVA "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 II I I I 1992 MEMO: TO: Planning & Zoning Commission HRU: Rick Koch, City Manager /Acting City Planner FROM: Nancy Carver, Planning Assistant �� V DATE: November 27, 2013 SUBJECT: Peninsula Art Guild, Inc. — Request for Lease Extension — Portion of Lot 3, Block 17, Original Townsite of Kenai Attached is a memo from the Assistant to the City Manager that describes a request for a lease extension for the above - referenced General Fund property as well as an Ordinance authorizing an extension and amendment of the lease which is scheduled for a public hearing at the December 18, 2013, Kenai City Council meeting. KMC 14.05.010 outlines the duties required by the Planning Commission: ➢ KMC 14.05.010(a) (6) — Perform historic preservation reviews and duties as set forth in KMC 14.20.105. ➢ KMC 14.05.010(b) (2) — The Commission shall act in an advisory capacity to the Kenai City Council regarding matters relating to City leases. It appears, based on the information provided in Ms. Cunningham's memo the amendments conform to the Comprehensive Plan and Zoning Code. DOES THE COMMISSION RECOMMEND THE CITY PROCEED WITH THE LEASE EXTENSION FOR A PORTION OF LOT 3, BLOCK 17, ORIGINAL TOWNSITE OF KENAI? Attachment December 2. 2013 City of Kenai Council City of Kenai Planning Commission Peninsula Art Guild/Kenai Fine Art Center 816 Cook Avenue, Kenai, AK 99611 907 -283 -7040 Dear Members of the Kenai City Council and Planning Commission: Peninsula Art Guild, which operates the Kenai Fine Arts Center, has had a $1 per year lease with the City of Kenai on the old fire station at 816 Cook Avenue since at least 1991, although the continuous use of the facility as an art center goes back to the late 1970s in my personal experience. As you may have noticed, the Kenai Fine Arts Center has undergone a substantial revitalization in recent months, with exterior and interior improvements as well as paving, all at the Art Guild's expense. The Kenai Fine Art Center has also instituted a series of free public art and cultural events every Friday evening. In 2014, we have scheduled a series of statewide juried exhibitions to showcase the Central Peninsula. All of this work is done without cost by the Board and volunteers and funded by our fund- raisers and donations. At this time, the total annual income of the Peninsula Art Guild is sufficient to maintain the premises and its utilities as well as fund our many free public events, but not more. Although our current lease with the City of Kenai expires at the end of 2015, we have requested that the City extend the lease at this time for an additional five years, with a new expiration date of December 31, 2020. We request this extension for several reasons. It is our intent to undertake extensive interior repairs, particularly installing a vapor barrier and new ceiling as well as general upkeep and painting, at the Fine Art Center in January 2014. After Spring breakup, we anticipate constructing a protected courtyard on the east side of the building where concerts and outdoor events can be held. This courtyard will be constructed of paver blocks in an area that is currently unmaintained grass and an old storage shed. This work will substantially upgrade the City's building and benefit the community as a whole. The amount of work involved will consume a very substantial portion of the financial resources of the Peninsula Art Guild. We also intend to construct an additional small office space inside the current building facility and offer its use without charge to various art and music related groups as well as the Historical Society on anon- exclusive basis. In addition, the Peninsula Art Guild would like to provide additional community outreach by providing already- requested workshops for senior, youth and other groups but we currently do not have usable space for such workshops. Providing those facilities will require building renovations for which the Peninsula Art Guild would likely require grant funding. To sustain and expand these programs and resources, we will need to apply for a series of grants over the next one to two years to further upgrade the facility and to provide multi -year program funding. In order to do this, we must demonstrate long -term control of the premises through lease. Your assistance is requested and appreciated. For the Board of Directors Joseph Kashi, Secretary 1110'Ar MEMO* 'V �laye wdk a Past, Gc�y with a F"ture' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us se,A Cc�d tlll�r TO: Planning & Zoning Commission FROM: Christine Cunningham, Assistant to City Manager V1 P�tl ROUGH: Rick Koch, City Manager DATE: November 26, 2013 SUBJECT: Peninsula Art Guild, Inc. Request for Lease Extension Portion of Lot 3, Block 17, Original Townsite of Kenai Attached is a request for an extension of lease for the referenced General Fund property as well as an Ordinance Authorizing an extension and amendment of the Lease which is scheduled for Public Hearing on the December 18, 2013 Kenai City Council Meeting Agenda. The property and building have been leased for the purpose of providing a building to house the Fine Arts Center for the benefit of the local community since 1991. Prior to 1991, the purpose for which the Lease was issued was as a "meeting place and display area for crafts." The current request is to extend the Lease to December 31, 2020 under the same terms and conditions. The City's Code requires that any renewal lease be reviewed by the Planning & Zoning Commission as to whether the request conforms to the Comprehensive Plan and the Kenai Zoning Code. cc: Peninsula Art Guild, Inc. Attachments SECOND AMENDMENT TO LEASE THIS Second Amendment to Lease is made as of the day of 2013, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PENINSULA ART GUILD, INC. (Lessee), whose address is P.O. Box 703, Kenai, Alaska 99611 -0703. WITNESSETH WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts & Humanities Council for City -owned lands identified as A portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as the Fine Arts Center, which lease was recorded at Book 464 Pages 768 -776 on June 13, 1995, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to the Peninsula Arts Guild; and, WHEREAS, an Amendment to Lease recorded at Book 486 Pages 465 -466 on June 13, 1996 extended the term of the Lease to June 30, 2015 and required the Lessee to submit to the City Council, for approval, any proposed construction plans for the property; and, WHEREAS, the parties have agreed to extend the term of the Lease to December 31, 2020 and amend the purpose for which the Lease is issued to remove reference to the Kenai Arts & Humanities Council. NOW THEREFORE, the parties agree as follows: 1. The term of this Lease has been extended until December 31, 2020, 2. The purpose for which the Lease is issued has been amended as follows: Purpose: To provide a building to house the Fine Arts Center for the benefit of the local community 4. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. Second Amendment to Lease Page 1 of 3 Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building CITY OF KENAI By: Rick R. Koch Its: City Manager PENINSULA ART GUILD By: _ Name: Approved as to fo Scott Bloom City Attorney State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2013, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: Second Amendment to Lease Page 2 of 3 Portion of Lot 3, Block Original Townsite of Kenai and Fine Arts Center Building State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2013, by (Name), (Title), on behalf of PENINSULA ART GUILD, INC, a Alaska Corporation, on behalf of the Corporation. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Second Amendment to Lease Page 3 of 3 Portion of Lot 3, Block Original Townsite of Kenai and Fine Arts Center Building Peninsula Art Guild, Inc. Resolution 2013- 11 -12 -02 Requesting the City of Kenai to Execute an Extension of Lease Be It Resolved by the Board of Directors of Peninsula Art Guild: Whereas, the City of Kenai has continuously leased the building located at 816 Cook Avenue, Kenai, to the Peninsula Art Guild, Inc. , a non -profit volunteer organization, since 1980 for use as a fine art center and exhibition space for the Central Kenai Peninsula, and, Whereas, that memorandum of lease provides that said building is leased for the sum of $1.00 per year, with the lessee to maintain and repair the building at its expense, and Whereas, the lessee, Peninsula Art Guild, Inc. dba Kenai Fine Arts Center has embarked upon a substantial repair, renovation, and upgrade of the premises solely using a substantial portion of its own separate funds and desires to make further premises improvements in the immediate future, and Whereas, the lessee, Peninsula Art Guild, anticipates that it will apply in the foreseeable future for multi -year state and private foundation grant funding to undertake expansion of the Center's programs, including the sponsorship of statewide juried fine arts competitions and exhibits each year, the hiring of professional staff, the sponsorship of frequent cultural and community events, and community outreach to Central Peninsula schools, senior centers, and other civic organizations, and Whereas in the course of its building repair and grant preparation programs, the directors of Peninsula Art Guild have ascertained that the existing lease between the City of Kenai and the Peninsula Art Guild should be extended by a sufficient number of years to justify the further expenditure of a substantial portion of the lessee's accrued funds and to satisfy multi -year grant funding requirements, Now, Therefore, Peninsula Art Guild, Inc, and its directors individually, hereby request that the City of Kenai execute a memorandum of lease continuing the existing lease upon its same terms and conditions for a period of seven additional years, with said extended lease to expire on December 31, 2020. Adopted on this 12`h Day of November, 2013 by a vote of ?y to o as recorded in th minutes of the m1ee g. President A st: Secretary q4" ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 6, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 hftp://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, - thirty (30) minutes aggregated) *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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, • thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. ENACTED UNANIMOUSLY. Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the Amount of $10,000 from the Friends of the Kenai Community Library and $1,000 from the Totem Tracers Genealogical Society for the Purchase of Equipment and Furnishings at the Library. E. MINUTES 1. APPROVED BYCONSENTAGENDA. *Regular Meeting of October 16, 2013 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be Ratified 2. APPROVED BY CONSENT AGENDA. *Action /Approval — Purchase Orders Exceeding $15,000 3. APPROVED UNANIMOUSLY. *Action /Approval — Ratifying a Settlement with Occupational Safety and Health (OSH). 4. APPROVED BY CONSENT AGENDA. *Action /Approval — Special Use Permit to CONAM Construction Company for the Purpose of Placing an ACCO Trailer on the Premises to Support the Buccaneer Pipeline Project. 5. INTRODUCED ON CONSENT AGENDA/PUBLIC HEARING SET FOR NOVEMBER 20. *Ordinance No. 2726 -2013 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Water, Sewer & Street Improvements Capital Project Fund. 6. INTRODUCED ON CONSENT AGENDA/PUBLIC HEARING SET FOR NOVEMBER 20. *Ordinance No. 2727 -2013 — Appropriating Funds for Outside Legal Services Associated with Cook Inlet Natural Gas Storage Alaska. 7. INTRODUCED ON CONSENT AGENDA/PUBLIC HEARING SET FOR NOVEMBER 20. *Ordinance No. 2728 -2013 — Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. City Attorney a. Requesting Funds for the International Municipal Lawyers Association Conference. 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments City of Kenai Council Meeting Agenda Page 2 of 3 November 6, 2013 L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Resignation from the Library Commission Submitted by Sue Carter. 3. Notice of Public Hearing by the Kenai Peninsula Borough Planning Commission for a Petition Received to Vacate a Portion of Highland Way within the City of Kenai. 4. Resignation from the Beautification Committee Submitted by Yvonne Pierce. 5. Commission, Committee, Board Review of Policies and Procedures. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 November 6, 2013 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 4, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) '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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Michelle Drew, BDO USA, LLP. — Fiscal Year 2013 Comprehensive Annual Financial Report, Fiscal Year 2013 Federal and State Single Audit Reports, and Auditor's Report to City Council. C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 2729 -2013 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books, 2. ADOPTED UNANIMOUSLY. Resolution No. 2013 -73 — Recognizing "ROC the Kenai" for its Efforts to Inform Dip Netters of their Role in Preserving the Kenai Fishery and Protecting the Environment. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of November 20, 2013 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be Ratified 2. REMOVED FROM CONSENT AGENDA AND APPROVED. *Action /Approval — Purchase Orders Exceeding $15,000 3. RESCHEDULED TO JANUARY 2 AT 7:00 P.M. Action /Approval — Reschedule the January 1, 2014 City Council Meeting. 4. APPOINTED MAYOR PORTER, VICE MAYOR MARQUIS, COUNCIL MEMBER BOOKEY, CITY MANAGER AND CITY CLERK. Action /Approval — Appoint a Committee for the Redesign of Council Chambers. 5. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City - Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building Known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. 6. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2731 -2013 — Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two AWE Early Literacy Work Stations. 7. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager • 2013 Personal 2. City Attorney 3. City Clerk Use Fishery Report City of Kenai Council Meeting Agenda Page 2 of 3 December 4, 2013 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2, Kenai Soil & Water Conservation District FY2013 Annual Report, 3. Alaska Stand Alone Pipeline Quarterly Newsletter, October 2013. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. City of Kenai Council Meeting Agenda Page December 4, 2013 q-) KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. October 28, 2013 Tentative Agenda MEMBERS: A. CALL TO ORDER Paulette Bokenko- g ROLL CALL Carluccio City of Seldovia Term Expires 2015 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES JoAnne Collins 1. Agenda Anchor Point / Ninilchik Term Expires 2016 2. Member /Alternate Excused Absences Mari Anne Gross Southwest Borough Term Expires er 201 4 201 a. Sandra Holsten, East Peninsula Sandra Holsten 3. Minutes East Peninsula Term Expires 2016 a. October 14, 2013 Plat Committee Minutes ALTERNATES: D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker Philip Bryson unless previous arrangements are made.) City of Kenai Term Expires 2016 E. SUBDIVISION PLAT PUBLIC HEARINGS Paul Whitney City of Soldotna 1. Merrywood Sub Ticen Replat Term Expires 2014 KPB File 2013 -144 [ SurveyMax/Marion,Ticen,Rorrison] Location: On Rorrison Avenue north of Kenai 2. Lower Winding Trails 2013 Replat KPB File 2013 -172 [Seabright/Black] Location: City of Kachemak 3. Inlet Dreams Sub 2013 Replat KPB File 2013 -174 [Integrity /Shuey, Priest] Location: On Kalifornsky Beach Road in Kenai 4. Bremond Farms Est. 2013 Addn. KPB File 2013 -181 [Integrity / Bremond, Ak Christian College] Location: On East Poppy Lane in Soldotna 5. Glacier View Sub 2013 Addition KPB File 2013 -175 [Johnson/Whitmire] Location: City of Homer 6. Ness - Johansen Sub Penning Addn. No. 2 KPB File 2013 -176 [Johnson /Bender] Location: On Ness Road off of Cohoe Loop 7. Ninilchik River Est. Wilson Replat No. 2 KPB File 2013 -177 [Johnson/Wilson] Location: On Wild Salmon Way in Ninilchik 8. Yah Sure Subdivision 2013 KPB File 2013 -178 [Ability /Point of View LLC] Location: City of Homer 9. Camelot By The Sea Sub Dykstra Replat KPB File 2013 -179 [Cline /Dykstra] Location: On Troll Drive in Seward 10. Clan Maxwell Est. Avalon Height Addn. No. 3 KPB File 2013 -180 [Lang & Assoc. /Avalon Hts Land Trust] Location: On Maximillian Drive in Seward 11. McGrady Subdivision 2013 Addn. KPB File 2013 -167 [Integrity /Johnson] Location: On Suttle Avenue north of Kenai Continued from the October 14, 2013 meeting FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER/ NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING PLEASE NOTE: Due to Veteran's Day Holiday, the meeting day has been changed to Tuesday. The next regularly scheduled Plat Committee meeting will be held Tuesday, November 12, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1- 800 -478 -4441, extension 2215 e -mail address: planningno.borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 October 28, 2013 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman A. CALL TO ORDER Kenai City Term Expires 2016 B. ROLL CALL Paulette Bokenko- Carluccio C. APPROVAL OF CONSENT AND REGULAR AGENDA PC Member City of All items marked with an asterisk (') are consent agenda items. Consent agenda items are Expires 2 Term Expires 2015 considered routine and non - controversial b the Planning Commission and will be one Y 9 approved motion. There will be no separate discussion of consent agenda items unless a Planning an Alice Joanne Collins Commissioner so requests in which case the item will be removed from the consent agenda and PC Member considered in its normal sequence on the regular agenda. Anchor Point/ 06 hik 21 Term Expires 2016 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 Cindy Ecklund Chairman of your wish to comment. PC Member City of Seward *1. Time Extension Request - None Term Expires 2014 Dr. Rick Foster *2• Planning Commission Resolutions - None Parliamentarian Homer city *3. Plats Granted Administrative Approval Term Expires 2016 Mari Anne Gross *4. Plats Granted Final Approval (20.04.070) PC Member Southwest Borough *5. Plat Amendment Request - None Term Expires 2014 Sandra Key Holsten *6. Commissioner Excused Absences PC Member East Peninsula a. Sandra Holsten, East Peninsula Term Expires 2016 b. Jim Isham, Sterling James [sham PC Member Sterling C. Blair Martin, Kalifornsky Beach Term Expires 2015 Harry Lockwood *7. Minutes PC Member Ridgeway a. October 14, 2013 Plat Committee Minutes Term Expires 2016 Blair Martin b. October 14, 2013 Planning Commission Minutes Vice Chairman Kalifornsky Beach D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS Term Expires 2015 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. Paul Whitney PC Member E. UNFINISHED BUSINESS City of Soldotna Term Expires 2014 F. PUBLIC HEARINGS Robert Ruffner PC Member 1. Vacate a portion of Hickory Street, (formerly Acacia Street changed by Kasilof /Clam Gulch Term Expires 2015 PC Resolution No. 2007 -1), a 33 -foot right -of -way easement along the Jason Tauriainen PC Member west boundary of Lot 1 Block 10 including the 50 -foot radius portion of a Northwest Borough Term Expires 2014 temporary turnaround dedicated by Homewood Subdivision (Plat KN 77- 81); and adjacent to Lot 23 of Lake View Terrace North Shore Addition No. 3 (Plat KN 2003 -42); and vacate any associated utility easements adjacent to proposed right -of -way to be vacated granted by referenced plats; all within Section 17, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2013 -154. Petitioners: Charles Ward and Kelly Bishop of Soldotna, Alaska. Location: On Hickory Street in Soldotna Max J. Best 2. Vacate a portion of a 30 -foot right -of -way road easement within Lots A Planning Director and B and a portion adjacent along the east boundary to Lot C as shown on Merrywood Subdivision (Plat K -992); within Section 23, Township 6 Mike Navarre North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Borough Mayor Peninsula Borough. KPB File 2013 -161. Petitioners: Lawrence D. Jr. & Patricia Rorrison, Tim & Lark Ticen, and Nina L. Marion, Representative for George Tweedy Estate, all of Kenai, Alaska. Location: On Rorrison Avenue north of Kenai 3. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming rights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. Private Rd (entirely within that portion of Govt Lots 4 & 5 lying north westerly of the Sterling Hwy excluding Whit -Lor Sub Part 1); T 5N R 10W SECTION 23; Seward Meridian, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Honoring Sergeant James Bearup for his sacrifice in the line of duty; PROPOSED NAME: Sergeant Bearup Rd b. Windy Rd (From Kenai Spur Hwy to intersection with Aleutian Ct) named Foreland Ave by KN0840067 Forest Hills Subdivision Part Two; Renamed Windy Rd by Street Name Resolution 1997 -06; T 7N R12W SECTION 11; Seward Meridian, AK; off of the Kenai Spur Hwy in the Nikiski Community; ESN 501; REASON FOR NAMING: Jump Street causing problems for Nikiski Fire Service; PROPOSED NAME: Aleutian Ct C. Windy Rd (South of Aleution Ct and North of Ambrym Ave) originally named Pat Ct, Pat St, Windy Rd, and Foreland Ave by previous subdivision plats; renamed to Windy Rd by SN 1997- 06; T 7N R 12W SECTIONS 11, 14, & 15; Seward Meridian, AK; in the Nikiski Community; ESN 501; REASON FOR NAMING: Jump street causing problems Nikiski Fire Service; PROPOSED NAME: Blustery St 4. KPB Title 20 — Subdivision Code Rewrite G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Appeal of River Center Decision; Prior Existing Structures and Uses. Danny & Dennis Dansereau 2. Appeal of River Center Decision; Prior Existing Structures and Uses. Ernest Hall H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10 -foot utility easement along the westerly boundary of Tract A -2A granted by Rumley — Collie Five (Plat HM 89 -36); and vacate the 10 -foot utility easement along the easterly boundary of Tract A -1A granted by Rumley — Collie Three (Plat HM 87 -67); also shown on Rumley — Collie Subdivision Six (Plat HM 2000 -28); within Section 11, Township 6 South, Range 13 West, Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough. KPB File 2013 -164. Petitioner: Douglas Fraiman for East End Mini Storage LLC of Homer, Alaska. Location: City of Homer I. SPECIAL CONSIDERATIONS 1. Isaak Sons Sub 2012 Addn. Lot 2 Removal of Plat Note Restriction KPB File 2013 -168 Petitioner: Jennifer Tollackson Location: On Jefferson Avenue in Soldotna J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 11 preliminary plats K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING PLEASE NOTE: Due to Veteran's Day, the meeting day was changed to Tuesday. The next regularly scheduled Planning Commission meeting will be held Tuesdav, November 12, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce November 5, 2013 7:00 p.m. Cooper Landing Cooper Landing Community Hall November 6, 2013 6:00 p.m. Hope / Sunrise Hope Social Hall November 7, 2013 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are 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 2215 Fax: 907- 714 -2378 e -mail address: planningCa)borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept o KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. November 12, 2013 Tentative Agenda MEMBERS: A. CALL TO ORDER Paulette Bokenko- B. ROLL CALL Carluccio City of Seldovia Term Expires 2015 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES JoAnne Collins 1. Agenda Anchor Point / Ninilchik Term Expires 2016 2. Member /Alternate Excused Absences Mari Anne Gross Southwest Borough 3. Minutes Term Expires 2014 Sandra Holston a. October 28, 2013 Plat Committee Minutes East Peninsula Term Expires 2016 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker ALTERNATES: unless previous arrangements are made.) Philip Bryson E. SUBDIVISION PLAT PUBLIC HEARINGS City of Kenai Term Expires 2016 1. Original Townsite of Kenai Paul Whitney American Legion Replat City of Soldotna KPB File 2013 -173 [Integrity /American Legion Post #20] Term Expires 2014 Location: City of Kenai 2. Pace's Pleasant Haven 2013 Replat KPB File 2013 -169 [Integrity /Rodriguez] Location: City of Soldotna 3. Tern Lake Estates 2013 Addn. KPB File 2013 -188 [Integrity /Hetrick] Location: On Seward Highway in Moose Pass Moose Pass APC 4. Beaver Dam Estates 2013 Replat KPB File 2013 -185 [Johnson /Springer] Location: On Mallard Road in Kenai 5. Wintergreen Sub KPB File 2013 -186 [Seabright/Kilcher, Dupree] Location: City of Homer 6. Lofty Estates Unit 9 2013 Replat KPB File 2013 -187 [Seabright /Schwiesow, Bettini, Bechtel, Buckelew] Location: On Diamond Ridge Road in Homer K -Bay APC F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER/ NEW BUSINESS MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, November 25, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planningCcDborough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 November 12, 2013 - 7:30 P.M. Term Expires 2015 Tentative Agenda Philip Bryson Chairman A. CALL TO ORDER Kenai City Term Expires 2016 B. ROLL CALL Paulette Bokenko- Carluccio PC Member C. APPROVAL OF CONSENT AND REGULAR AGENDA City of All items marked with an asterisk i are consent agenda items. Consent agenda items are pires Term Expires 2015 considered routine and non - controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Alice Joanne Collins Commissioner so requests in which case the item will be removed from the consent agenda and PC Member considered in its normal sequence on the regular agenda. Anchor Point/ 06 hik 21 Term Expires 2016 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 Cindy Ecklund Chairman of yourwish to comment. PC Member City of Seward *1. Time Extension Request Term Expires 2014 Dr. Rick Foster a. Denali Subdivision Sexton Addn. No. 2 Parliamentarian KPB File 2009 -194; Tinker /Sexton Homer City Location: Corner of McKee St. & Whitlock Ave. in Soldotna Term Expires 2016 Mari Anne Gross '2• Planning Commission Resolutions PC Member Southwest Borough a. SN 2013 -05; Name Private Rd to Sergeant Bearup Rd (entirely Term Expires 2014 within that portion of Govt Lots 4 & 5 lying north westerly of the Sandra Key Holston Sterling Hwy excluding Whit -Lor Sub Part 1); T 5N R 10W PC Member SECTION 23; Seward Meridian, AK; off of the Sterling Hwy in East Peninsula the Sterling Community; ESN 302 Term Expires 2016 James Isham b. SN 2013 -06; Rename Windy Rd to Aleutian Ct (From Kenai PC Member Spur Hwy to intersection with Aleutian Ct) named Foreland Ave Sterling by KN0840067 Forest Hills Subdivision Part Two; Renamed Term Expires 2015 Windy Rd by Street Name Resolution 1997 -06; T 7N R12W Harry Lockwood SECTION 11; Seward Meridian, AK; off of the Kenai Spur Hwy in PC Member the Nikiski Community; ESN 501 and Windy Rd to Blustery St Ridgeway (South of Aleution Ct and North of Ambrym Ave) originally Term Expires 2016 named Pat Ct, Pat St, Windy Rd, and Foreland Ave by previous Blair Martin subdivision plats; renamed to Windy Rd by SN 1997 -06; T 7N R Vice Chairman 12W SECTIONS 11, 14, & 15; Seward Meridian, AK; in the Kalifornsky Beach Nlkiskl Community; ESN 501 Term Expires 2015 Paul Whitney '3. Plats Granted Administrative Approval PC Member City of Soldotna -4. Plats Granted Final Approval (20.04.070) Term Expires 2014 Robert Ruffner '5. Plat Amendment Request - None PC Member Kasilof /Clam Gulch '6. Commissioner Excused Absences Term Expires 2015 Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor a. Jim Isham, Sterling b. Blair Martin, Kalifornsky Beach *7. Minutes a. October 28, 2013 Plat Committee Minutes b. October 28, 2013 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacate a portion of Highland Way, a 20 -foot right -of -way adjacent to Lots 4, 5 and Lots 9 through 15 Block 16, and any associated utility easements dedicated by Townsite of Kenai Alaska U.S. Survey 2970; also shown on Original Townsite of Kenai Tomrdle Replat (Plat KN 2006- 120); within Section 5, Township 5 North, Range 11 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2013 -150, Petitioner(s): Gary L. Fischer for the American Legion Post #20 of Kenai, Alaska. Location: City of Kenai 2. KPB Title 20 — Subdivision Code Rewrite 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 6 preliminary plats K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 2 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, November 25, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce November 19, 2013 7:00 p.m. Cooper Landing Cooper Landing Community Hall December 4, 2013 6:00 p.m. Hope / Sunrise Hope Social Hall December 5, 2013 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are 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 2215 Fax: 907-714-2378 e -mail address: planninq(cDborough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA 99669 6:00 p.m. November 25, 2013 Tentative Agenda MEMBERS: A. CALL TO ORDER Paulette Bokenko- Carluccio B. ROLL CALL City of Seldovia Term Expires 2015 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES JoAnne Collins 1. Agenda Anchor Point / Ninilchik Term Expires 2016 2. Member /Alternate Excused Absences Mari Anne Gross Southwest Borough 3. Minutes Term Expires 2014 Sandra Holsten a. November 12, 2013 Plat Committee Minutes East Peninsula Term Expires 2016 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker ALTERNATES: unless previous arrangements are made.) Philip Bryson E. SUBDIVISION PLAT PUBLIC HEARINGS City of Kenai Term Expires 2016 1. Lionel Sub Addition Na. 2 Paul Whitney KPB File 2013 -183 [Integrity/ Haakenson, Perry] City of Soldotna Location: On Mark Lane in Anchor Point Term Expires 2014 Anchor Point APC 2, McGrady Subdivision 2013 Addn. (Revised Preliminary) KPB File 2013 -167 [Integrity /Johnson, McGrady] Location: On Suttle Avenue north of Kenai 3. Pavilion Sub Part 1 2013 Addn. KPB File 2013 -189 [Johnson /Pruett] Location: On Mackey Lake Road in Soldotna 4. Lake View Terrace 2013 Replat KPB File 2013 -190 [Johnson /Bishop] Location: On Hickory St. in Soldotna 5. Sterling Airpark Subdivision (Revised Preliminary) KPB File 2013 -133 [SurveyMax /Scott] Location: On Jacobson Ave. in Sterling F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, December 16, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: lanning@hurough.kenai.ak.us web site: v;ww'.borouaii.kenai.al<.usLL lannin de, t KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 November 25, 2013 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman A. CALL TO ORDER Kenai City Term Expires 2016 B. ROLL CALL Paulette Bokenko- Carluccio C. APPROVAL OF CONSENT AND REGULAR AGENDA PC Member City of All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are Term Expires 2015 Expires 2 considered routine and non - controversial b the Planning Commission and will be Y 9 approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Alice Joanne Collins Commissioner so requests in which case the item will be removed from the consent agenda and PC Member considered in its normal sequence on the regular agenda. Anchor Point/ hik Term Expires 2016 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 Cindy Ecklund Chairman of your wish to comment. PC Member City of Seward *1. Time Extension Request Term Expires 2014 Dr. Rick Foster a. Ptarmigan Est. Sub Struthers Addn. Parliamentarian KPB File 2012 -140; Segesser /Struthers Homer city Location: On Zenith Street in Sterling Term Expires 2016 Mari Anne Gross b. Princess Lake Estates Phase 3 PC Member KPB File 2010 -165; Segesser /Bangerter Southwest Borough Location: East of Kenai Spur Highway in Kenai Term Expires 2014 Sandra Key Hoisten C. Murray Sub Martin Addn. No 3 PC Member KPB File 2011 -168; Eastham /Martin East Peninsula Location: On Murray Lane in Soldotna Term Expires 2016 *2. Planning Commission Resolutions - None James Isham PC Member Sterling *3. Plats Granted Administrative Approval Term Expires 2015 Harry Lockwood *4. Plats Granted Final Approval (20.04.070) PC Member Ridgeway *5. Plat Amendment Request - None Term Expires 2016 *6. Commissioner Excused Absences Blair Martin Vice Chairman Kalifornsky Beach a. Philip Bryson, City of Kenai Term Expires 2015 Paul Whitney b. Jim Isham, Sterling PC Member City of Soldotna b. Blair Martin, Kalifornsky Beach Term Expires 2014 *7. Minutes Robert Ruffner PC Member Kasilof/Clam Gulch a. November 12, 2013 Plat Committee Minutes Term Expires 2015 Jason Taudainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor b. November 12, 2013 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. UNFINISHED BUSINESS PUBLIC HEARINGS Vacate the 30 -foot screening and bike path zone granted within Lots 3 and 4 Block 9 and Lot 8 Block 5, Mooring Estates Subdivision Part Twenty -One (Plat KN 92 -12), and within Lots 5A and 5B Block 5, Mooring Estates Vann Addition (Plat KN 2007 -135); within Section 30, Township 5 North, Range 10 West, Seward Meridian, Alaska; within the City of Soldotna and the Kenai Peninsula Borough. KPB File 2013 - 021Petitioners: William W. & June Lattin of Portland, OR, Jason A. & Anna Lattin of Soldotna, AK and Steven Rouse, Director for KPHI of Homer, AK. Location: City of Soldotna 2. Vacate a portion of Mark Lane, a 60 -foot public right -of -way, vacating only a portion of the east 570 -feet, more or less, along the south boundary of Tract 2 of Lionel Subdivision Addition No. 1 (Plat HM 76 -52), and any associated utility easements; all within Section 35, Township 4 South, Range 15 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough. KPB File 2013 -184. Petitioners: Timothy W. and Melody A. Haakenson of Anchorage & Mary and Charles Perry of Anchor Point, Alaska. Location: On Mark Lane in Anchor Point 3. Resolution 2013 -_; Resolution classifying 4.7 acres of Borough land in the North Kenai area as Utility / Transportation pursuant to KPB Code of Ordinances, Chapter 17.10.080 and Chapter 17.10.090. 4. Ordinance 2013- , authorizing a long -term negotiated lease at fair market value of certain real property in the North Kenai Area to Cook Inlet Energy, LLC 5. Resolution 2013- _, Authorizing the Borough, on behalf of the South Kenai Peninsula Service Area, to Enter into an Assignment and Sublease of an Office Space Lease Agreement for Office Space in the Peninsula Surgical Clinic Building in Homer, Alaska, and Authorizing an Amendment to the Sublease and Operating Agreement with South Peninsula Hospital, Inc. to include this Lease 6. KPB Title 20 — Subdivision Code Rewrite Motion on the floor: Motion moved and seconded to recommend approval of the Subdivision Code Rewrite. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) Resolution 2013 -25; A Conditional Use Permit pursuant to KPB 21.18 to construct a boat launch with an open -cell sheet pile bulkhead and perforated steel matting launch ramp within the 50 -foot Habitat Protection District of the Kenai River. This project is located on the left bank of the Kenai River at river mile 2, Tract A, Kenai Tidelands Survey No, 115, Section 8 &17, T5N R11W, S.M., AK, (KPB Parcel I.D. # 049- 101 -03 & 049 - 101 -23). H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS Timber Management Report 2011 -2013 J. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 5 preliminary plats K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Seward Planning Commission Meeting Minutes - October 3, 2013 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, December 16, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce December 10, 2013 7:00 p.m. Cooper Landing Cooper Landing Community Hall December 4, 2013 6:00 P.M. Hope / Sunrise Hope Social Hall December 5, 2013 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are 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 2215 Fax,907- 714 -2378 e -mail address: pJUnnn,(a borouL:h.kc, i2 *, u.� web site: w:vwooroa7h ��i,i_ak.0 1�11,:ir,�7,[ a Project Tracking Sheet KLMUN tK_ KRC # i 105871 App. Start Date: Prod Name: ELP GRATEWALKS & STAIRS Applicant: FRI. LOGISTICS INC Contact Name: HYDE, RON Location: KENAI RIVER MOUTH Project Start: 10122/2013 Tax Credit: Project Completed: Cost Share: Parcel No COE Pmt Expires COE J1 Comments: PCL 04810123 REPLACE PRE - EXISTING WALKWAY WITH ELP WALKWAY AND STAIRS CC: COE -KFO. i COE� J❑ MINING LIST. ❑ SELDOVIA: ❑ SBCFSA: U .. D CGfA: 0 OPMP: n USFWS Li KN'aP ` COK: Jv) COS: L ] ADF &G /SF: [] Al: AI Req Date: Amend # Revr Permit # FP Hab Prt. TD Tax Cr1 CZM . ai ::, ADFG ID # OPMP: Authorities (Auth) OHMP __840) Fish Passage 870)Anad. Water __890) Emergency FP _ 040) AI towable __050) Compliance _060) SMFDA/Non FIRM __030) Variance __080) Determination AI Rec Date: #Days Review Susp KPB Fees: Resp Due Revised Due Inspect Recm Recm Dat Auth Final Action / Date Expiry Comments Due Revised Due Date Comm Sent KPB - HP _070) Allowable _ 080) Conditional Use 090) Prior Existing 040) Tax Credit 050) Connpl lance __030) Variance __020) Notification LT ` j T Recm • Comments Only _ RA) Rec Approval _ RD) Rec Denial _ GC) General Comments _ NR) Not Reviewed _ WD) Withdrawn /closed _ CG) Generally Consistent CA) Consistent w/ Alternatives IN) Inconsistent Date Final Deter Recd t Final Action _D) Denied _1) Issued _ NR) Not Req'd WD) Withdrawn by applicant _O) Other _R) Resolved _ F) Fined _C) Court _U) Unresolved t _P) Passed to CCO _N) Unfounded M) Mining T-Fee Codes _ _ T) Tax Credit Exempt _A) Agency Exempt _NR) Not Req'd Multi-Agency 4004 Permit Application tie- Please answer all questions completely. Applicant Information: Name: Ron Hyde Owner? 0 Yes ❑ No Mailing Address: (permits will be mailed to this address) 2101 Bowpicker Lane Kenai, AK 99611 Phone (Home/Work): 907 261 -9440 Cell Phone: 907 223 -1242 Fax: 907 261 -9441 Agent Information: Name: PRL Logistics, Inc Mailing Address: 421 W. 1st Ave, Suite 250 Anchorage, AK 99501 Phone (Home/Work): 907 261 -9440 Cell Phone: Fax: 907 261 -9441 E -Mail: ron.hyde @pacrimlog.com E -Mail: brooke.nall @pacrimlog.com Project Location: Please complete all information including the legal description of the property or site location. This in- formation can be found on your tax bill or by visiting the KPB Assessing Department website at ,Aww.boroujzh.kenai.ak.us/assessinjzdMt/default.htrn. Waterbody Name: Kenai Rlver River Mile: 2 ❑ Right or ❑■ Left bank (looking downstream) Subdivision: Kenai Landing Lot: TR Block: A Township: Range: Section: KPB Parcel Number: 2005 -29 Plat # Physical Address: 2101 Bowpicker Lane Kenai, AK Directions to the site: Cannery Road to the former Libby Cannery, stay right upon entering the gate Remain right and follow the road until it dead ends at the building. Unit 5, Kenai Landing. Please Complete the Following: ))This activity is a: ❑ new project ■❑ modification, addition, repair, or replacement to an existing project 2) What is the purpose of this project? a4te- 24Q- replacin9 the pria- existing- non =Iigb4enetrating walkway along the Kenai River bank with an elevated light penetrating aluminum grate walkway. Page 2 Multi- Agency Permit Application — Page 2 3) Provide a detailed description of your entire project and all related activities. Attach additional pages if needed. Please be sure that your description contains all of the following: ❑ The location and dimensions of all existing and proposed development, including buildings, roads /driveways, pathways, building pads, accessory structures, and fill, as well as the location of any water bodies. ❑ The type(s) and amount(s) of fill material to be used for the project. Include the location /source of the fill material. ❑ The measurements of all new development, including platforms, walkways, structures, and bank restoration techniques. Please include measurements from water bodies and lot lines. ❑ The area and volume of material to be dredged and the location of the disposal site. ❑ A description of the waterbody, including wetlands to be filled. Include the types and volumes of each type of fill material. ❑ A description of construction methods and types of equipment to be used. ❑ If you are withdrawing water from a waterbody, a description of water use including location, me- thods of withdrawal, rate of withdrawal, and the total quantity of water required. ❑ If fuel storage is required for your project, indicate the location, quantities, and types of fuel. ❑ If vegetation or trees must be cleared as a result of your project, indicate the location, amount, and type of vegetation to be cleared. ❑ The type(s) and amount(s) of material that will be excavated for the project. Include the location the excavated material will be placed. PRL /Ron Hyde is requesting permission to replace our pre - existing non -light penetrating walkway along the Kenai River bank with an elevated light penetrating aluminum grate walkway. This walkway will provide the most opportunity for new growth and will aid in stabilization of the remediated river bank. I have attached drawings that display the dimensions of the proposed boardwalk. 4) Proposed project start date: 10/23/13 Proposed project end date: 10/30/13 Estimated number of actual construction days: 4 5) If this project is within the limits of an incorporated city, please indicate 6) Is the. project located within 50 feet of ordinary high water (OHW) or mean high water (MHW) of a stream or waterbody? W Yes ❑ No ❑ Not sure where OHW or MHW line is Page 3 Multi - Agency Permit Application — Page 3 7) Does any portion of the project cantilever or extend over the OHW or MHW of the stream or waterbody? ❑ Yes ®No El Not sure where OHW or MHW line is 8a) Does any portion of the project extend below the OHW or MHW of the stream or waterbody? ❑ Yes R No ❑ Not sure where OHW or MHW line is 8b) Will a structure (e.g., culvert, bridge support, dike) be placed below OHW, MHW, or High Tide Line (HTL) of the waterbody? ❑ Yes ❑■ No 9) Will material be extracted or dredged from ❑ Floodplain of a river, lake, or ocean ❑ Tidal or non -tidal waters If you checked one of the above boxes, what type of material? What amount of material? Where will the material be deposited? 10) Will material (including spoils, debris or overburden) be deposited in a ❑ Mapped floodplain or velocity zone of a river, lake or ocean ❑ Tidal or non -tidal waters If you checked one of the above boxes, is the fill temporary ❑ or permanent ❑? If temporary, how long will it be in place? What type of material is it? Amount? Identify the location(s) of any deposited material on the attached top -view site plan drawing. 11) What is the surface area (in acres) that would be filled, excavated, or dredged of any waters, including areas below the HTL or MHW of tidal waters, below the OHW of non -tidal waters and/or wetlands adjacent to tidal or non -tidal waters? n/a 12a) List all motorized equipment to be used in this project, including access route to site and any stream or water - body crossings: No heavy equipment will be involved. 12b) How long will motorized equipment be used below OHW, MHW, or the HTL? n/a 13) Are there any threatened or endangered species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work? ❑ Yes IN No If yes, list all species: Page 4 Multi- Agency Permit Application — Page 4 14) Are there any historic properties that may be affected by the proposed work? © Yes ❑ No If yes, state which property or properties may be affected and /or attach a vicinity map including the location of the historic property or properties. Kenai Landing old Admin Building. The proposed boardwalk is located on the riverside of this building 15) Is any portion of the work already complete? ❑ Yes X No If yes, describe the completed work: 16) Will utility systems, including water, electric, gas, etc. be developed? ❑ Yes © No If yes, describe: Application Checklist ❑ Are pages 1 through 4 completely filled out? If a question does not pertain to your activity, write `N /A' ❑ Did you include a detailed project description? ❑ Did you complete the Top View & Elevation /Side View drawings? Be sure to review the instructions 0 for site plans and make sure all relevant information is included. ❑ Did you include your permit fee (if applicable)? If your project is within State Park Boundaries or can- tilevers over a State Park (which includes the Kenai River) a $50 fee is required at the time of application. Make checks payable to `State of Alaska.' If you are not certain if fee is required, contact State Parks at the.River Center at (907) 714 -2470. ❑ Did you sign your application? If you have designated an agent to work the agencies on your behalf, they must also sign the application. Application is hereby made for a permit or permits to authorize the work described in this application form. I certify the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the ap- plicant X / a/�:Z/ / �? Signal of Applicant Date If you designated an agent, both the applicant and agent must sign this application. X Signature of Agent Date Page 5 G Z X 0 ,\ n� a ? P P z I � y A 4 I J �1 Fp x� G � G C m V` ah � ry Q� _ - �. I - I -BAR SWAGE - LOCKED 1 1. 3/16" Bars �- Cross Rods 4" C/C LOAD & DEF M 1 "x 1/411 F_ 1-1/4"x 1/411 1 -1/2" x 1/4" ` 1 -3/4" x 1/4" 2" x 1/4" 2 -1/4" x 1/411 2 -1/211 x 1/4" TABLE Cross Rods 2" C/C SPAN (Length of U = safe uniform load, psl C = safe concentrated load, pew 0 - dell cti I h 19.4.44 2.00 0 U 632 404 281 206 158 125 0320 1163 0.387 1065 0.461 = e ion, Inc es '- '-- ��0.316 "ad 0.819 19 -4 -104 0 0.144 0.225 0324 0.441 O.S7b 0.729 987 780 632 E = modulus of elastic 10,000.000.psi m'• 19.2.44 2.30 322 C 632 505 421 361 1 316 281 0.130 0.176 0.230 F = fiber stress, 12,000 psi • 0.360 0.436 0518 D 0.115 0.180 0.259 0.353 461 0.583 ' 1 3158 2632 Material: ASTM S -221, 6063 or 6061 19.4 -54 2.38 1579 U 987 632 439 322 261 195 156 D 0.046 Deflection: Spans and loads to the right of 0.104 0.141 0.493 0 0.115 0.180 0.259 0.353 0.461 0.583 0.720 the bold line exceed 1/4" detection for uni. 19-2 54 266 C 987 D 789 658 564 493 439 395 form load of 100 psi which provides safe 0.092 U 1421 0.144 909 0.207 632 0.282 464 0.3fi9 355 0.467 281 0.576 227 188 pedestrian comfort. These can be 19 -4 -64 274 0 711 D 0.096 0.150 0,216 0.294 0.384 0.486 0.600 0.726 exceeded for other types of loads with 19.2 -64 3.04 C 1421 1137 947 812 711 632 568 517 engineer's approval. • -D 0.077 0.120 0.173 0.235 0.307 0.389 0.480 . 81 General: Loads and deflections are s 19 -4.74 3.09 U 1934 1238 860 632 484 382 309 256 215 theoretical al and based 183 on 0.967 0 0.082 0.129 0.185 0.252 0.329 0.417 0.514 0.622 0.741 0.869 static loading. 19 -2 -74 3.39 C 1934 1547 1289 1105 967 860 774 703 645 595 Finish: MITI finish unless 0 0.066 0.103 0.148 0.202 0.263 0.333 0.411 0.498 0.59 0.695M otherwise specified. 19- 444 3.49 U 2526 1617 1123 625 632 499 404 334 281 239 206 1.263 D 0.072 0.113 0.162 0.221 0.288 0.365 0.450 0.545 0.648 0.761 0.882 19 -2 -84 3.79 C 2526 2021 1684 1444 1263 1123 1011 919 842 777 722 D 0.058 0.090 0.130 0.176 0.230 0.292 0.360 0.436 0.518 0.6 8 0.711 19 -4.94 3.89 U 3197 2046 1421 1044 799 632 512 423 355 303 261 1,599 0 0.064 0.100 0.144 0.196 0156 0.324 0.400 0.484 0.576 (.676 0.764 1 C 3197 2558 2132 1827 1599 1421 1279 19 -2.94 4.14 0 0.051 0.080 0.115 0.157 0.205 0.259 0320 1163 0.387 1065 0.461 9841 0.541 914 0.627 "ad 0.819 19 -4 -104 4.23 U 3947 2526 1754 1289 987 780 632 522 439 374 322 247-795- 7518 81316 1.974 D 0.058 0.090 0.130 0.176 0.230 0.292 • 0.360 0.436 0518 0.608 0.706 0.922 1.166 19.2 -104 4.53_ C 3947 3158 2632 2256 1974 17541 1579 1435 1316 1215 1128 987 877 D 0.046 0 072 0.104 0.141 0.184 0.233 0288 0.348 (1415 0 487 0.564 a 717 n o11 SI -19 PANEL WIDTH (inches) NOMt includes I �4• II /d' B3Cp LOE) for erterded Cross too$ on 6waq!- loculd (51) No. of Bars 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 114" Bar Vila 2'ia Ole 51/4 6Ym 7518 81316 10 11hs 123le 13516 143,: 151511 17118 18515 19112 201'18 21'/s Villa No. of Bars 21 22 23 24 25 26 27 28 29 30 31 114" Bar 24114 2571,6 265/6 2713i,6 29 30316 313/8 329116 333/4 34'5h6 36118 A M 1 UU Kenai Peninsula Borough Property Report - 04910123 Tue Oct 22201302:44:24 PM Parcel Number: Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: Legal Description: 04910123 2101 BOWPICKER LN KENAI LANDING INC 4786 HOMER SPIT RD HOMER, AK 99603 30 - KENAI CITY 340 Commercial Condo 49.02 EN DISCLAIMER: The data displayed herein Is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough $733,000 assumes no liabilitq as to the accuracy of any data displayed herein. Original source documents should be $1, 207,300 consul led for accuracy verification. $1,940,300 $1,940,300 T 5N R 11 W SEC 8 & 17 SEWARD MERIDIAN KIN 2005029 KENAI LANDING COTTAGES SUB TRACT A Number of Structures: 24 Structure It Year Built Square Ft Structure Type C01 1920 1,500 MEZZUF C01 1920 13,142 WHSESTOR C07 1970 3,120 EQUIPBLD C09 1920 2,500 LUTLSTOR C10 1920 660 LUTLSTOR C11 1925 2,685 ROOMHSE C12 1925 720 GUEST C13 1925 720 GUEST C14 1930 4,388 APARTRES C14 1930 4,176 MEZZUF (continued on next page) C15 1925 5,280 BNQTHL C15 1925 2,200 MEZZUF C16 1925 1,800 SHDOFF C17 1925 5,120 ROOMHSE C18 1940 360 MEZZFD C18 1940 1,832 RESSF C19 1920 2,400 EQUIPSHD C19 1920 1,200 MEZZUF C21 1940 522 LUTLSTOR C21 1950 0 VrrRTANK C22 1958 3,054 MOTELISR C23 1958 2,203 MOTELISR C25 1985 2,088 EQUIPSHD C26 1990 1 MHRVPARK CITY OF KENAI PLANNING & ZONING COMMISSION Meeting Schedule - 2014 AGENDA ITEM CUT -OFF DATES ITEMS MUST BE FILED NO LATER THAN NOON ON THE DATE OF THE DEADLINE (Note: if cut -off date falls on a holiday, the next business day will be cut -off date.) Meeting Date Planning Commission Items Items Requiring Public Hearing Packet Day" January 8, 2014 December 25, 2013 December 18, 2013 January 2, 2014 January 22, 2014 January 8, 2014 January 1, 2014 January 16, 2014 February 12, 2014 January 29, 2014 January 22, 2014 February 6, 2014 February 26, 2014 February 12, 2014 February 5, 2014 February 20, 2014 March 12, 2014 February 26, 2014 February 19, 2014 March 6, 2014 March 26, 2014 March 12, 2014 March 5, 2014 March 20, 2014 April 9, 2014 March 26, 2014 March 19, 2014 Aril 3, 2014 April 23, 2014 Aril 9, 2014 Aril 1, 2014 Aril 17, 2014 May 14, 2014 Aril 30, 2014 Aril 23, 2014 May 8, 2014 May 28, 2014 May 14, 2014 May 7, 2014 May 22, 2014 June 11, 2014 May 28, 2014 May 21, 2014 June 5, 2014 June 25, 2014 June 11, 2014 June 4, 2014 June 19, 2014 July 9, 2014 June 25, 2014 June 18, 2014 July 3, 2014 July 23, 2014 July 9, 2014 July 2, 2014 July 17, 2014 August 13, 2014 July 30, 2014 July 23, 2014 Au ust 7, 2014 August 27, 2014 August 13, 2014 August 6, 2014 Au ust 21, 2014 September 10, 2014 August 27, 2014 August 20, 2014 September 4, 2014 September 24, 2014 September 10, 2014 September 3, 2014 September 18, 2014 October 8, 2014 September 24, 2014 September 17, 2014 October 2, 2014 October 22, 2014 October 8, 2014 October 1, 2014 October 16, 2014 November 12, 2014 October 29, 2014 October 22, 2014 November 6, 2014 " November 26, 2014 November 12, 2014 November 5, 2014 November 20, 2014 December 10, 2014 November 26, 2014 November 19, 2014 December 4, 2014 " December 24, 2014 December 10, 2014 December 3, 2014 December 24, 2014 * Meeting maybe cancelled due to holiday. * *Information items may be submitted for inclusion in the packet until noon of the day prior to the packet deadline. M I'm_ "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and City Councilors FROM: Scott M. Bloom, City Attorney S� DATE: October 10, 2013 SUBJECT: Options Regarding Referendum Concerning Comprehensive Plan At the October 1, 2013 regular election, 58% of the voters who voted on the issue, voted in favor of repealing Ordinance 2681 -2013, which approved and adopted and the City's revised comprehensive plan and recommended adoption by the Kenai Peninsula Borough. At the October 2, 2013 council meeting, I was requested to provide information to the Council regarding the City's options at this point. The options below are in no particular order and this memo is not intended to advocate for or oppose any particular option. 1. Take No Action The referendum repealed the Ordinance which has essentially the same effect as if the ordinance had not been adopted by Council in the first place (with the exception noted below). This means the 2013 Comprehensive Plan has not been approved and adopted or recommended to the Borough for adoption. The prior version of the plan (adopted in 2003) will continue as if the City had taken no further action. The difference between a referendum repealing the Ordinance and the Council having not adopted an Ordinance is that there is not a prohibition in City Code for bringing a failed ordinance back, but pursuant to Section 11 — 4(b) of the City's Charter "The Council may not, within two years after the election, repeal or amend an initiated ordinance which has been enacted, or re -enact an ordinance rejected by referendum, except by a vote of at least six council members." There is not a requirement that a reo ised plan be adopted in any particular time frame, other then that pursuant to AS 24.40.030, the Borough is required to "periodically undertake an overall reciei of the comprehensive plan and update the plan as necessary." Additionally the City Planning Commission, pursuant to KMC 14.05.010, is required to review the plan on an annual basis and conduct a minimum of one public hearing, and forward its recommendations to Council. Page 73 of 77 Mayor Porter and City Councilors October 10, 2013 Page 2 of 3 The Borough, which has authority pursuant to state statute for area wide planning, platting and land use regulations' has delegated certain authority with regard to the City's Comprehensive Plan to the City. The Borough has previously adopted the "City of Kenai Comprehensive Plan" prepared by the City and approved by the City Council by Ordinance 2009 -2003 (the "2003 Plan "). Kenai Peninsula Borough Code 21.01.025 provides that all amendments to a comprehensive plan for a city, except land use plan amendments, must be adopted by assembly ordinance. This section of Borough code further clarifies that cities may recommend to the Borough Planning Commission extensive comprehensive land use amendments, which the Borough Assembly shall make after a recommendation from its planning commission and a finding that there are no significant negative impacts outside the municipal district. City Code likewise provides that the City Planning Commission acts in an advisory capacity to the Borough Planning Commission regarding comprehensive plan amendments.2 Therefore, if the City takes no further action, the Borough, which has ultimate authority over the comprehensive plan, could take some action, though it is unlikely it would without further action from the City. 2. Re -Enact the Same Ordinance This option either would require the Council to adopt the Ordinance by six votes, or would require the Ordinance be re- enacted after two years.' 3. Revisit the Plan and Make Amendments Council could revisit the plan at any time, through introduction of another ordinance or resolution, or at the planning commission level to begin with, and make another recommendation to the Borough. It is subject to interpretation whether legislation promoting a "Revised 2013 Plan" would require a vote of six council members, or have to occur two years after the election. Again, the Charter provides in relevant part: "[tlhe Council may not, within two years after the election, repeal or amend an initiated ordinance which has been enacted, or re -enact an ordinance rejected by referendum, except by a vote of at least six council members." 4 The Charter prohibits amending an initiated ordinance, but does not specifically prohibit re- enacting a different ordinance on the same subject or passing other legislation. It would be safest, however to move forward with six votes or hold the vote two years from the date of the election to avoid a challenge. At a minimum. if the Council were to Move forward with amended legislation within two years and without six votes, I would recommend the legislation be amended in a material manner that addresses the concerns expressed by the voters. AS 29.40.010. KNIC 14.05.010, Section 11 -4(b) of Kenai Charter Section 11 -4(b) of Kenai Charter Page 74 of 77 Mayor Porter and City Councilors October 10, 2013 Page 3 of 3 4. Seek a Court Decision The City Council could direct the City Attorney to seek a decision in the Superior Court that would hold the referendum to be invalid or limit its application. Article XI Sec. l of the Alaska Constitution provides that "the people may propose and enact laws by the initiative, and approve or reject acts of the legislature by referendum." Article XI Sec. 7 limits the application of referendums from applying to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety. The City's Charter in Section 11 — 1 Provides: (a) The qualified voters of the City, by the initiative, may propose and enact any ordinance which the Council has power to enact under this Charter except as otherwise provided in this section. Ordinances granting, extending, renewing, or amending franchises for public utilities and ordinances regulating compensation or days and hours of work of appointive personnel shall not be subject to the initiative. (b) The qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the Council except as othenvise provided in this section. Ordinances necessary for the immediate preservation of the public peace, health, or safety (herein called emergency ordinances), shall not be subject to the referendum. (c) Ordinances dedicating revenues, ordinances making, repealing, transferring, or otherwise changing appropriations, and special ordinances, shall not be subject to either the initiative or the referendum. Alaska Statute 29.10.030 provides that a charter may not permit a referendum to be used for a purpose prohibited in Article XI Sec. 7 of the state constitution. While there is not case law that 1 am aware that directly interprets the City Charter's limitations on referendums or initiatives, there is case law analyzing the limitations placed on the power of the people to enact or repeal legislation under state law and other municipal codes. Prior cases brought before the Alaska Supreme Court indicate reluctance by the Court to allow land use management to be accomplished through the polls.5 While it was my opinion that the best course of action was to certify the referendum given the standards of pre - election review, this does not preclude a post election review on the legality of the referendum. Y: Opini.,n 101013 Options RE Referendum Coneeming Comp Phn.do" ` Griswold t. (Wy q1 Homer, 186 Pad 558 (Alaska 2008) and Carmonv v. ;llckechnfv. 217 P.3d 818 (Alaska 2000 Page 75 of 77 COMMISSION CHAIR REPORT DECEMBER 11, 2013 REGULAR COMMISSION MEETING REgUESTED CHANGES TO THE AGENDA BY: ADD: a PZ13 -41 -Amended Staff Comments /Resolution - Kee's Tern Administration Subdivision 7a PZ11 -22 - Conditional Use Permit Review - Amended Staff Memo • E' -mail KPD Chief Sandahl raceway complaints 7c • E -mail - Cathryn Campbell - Email • Race Track Vicinity Map from Campbell Property PZ13 -39 - Home Occupation Permit - Gun Business - Vicinity /Aerial Maps • Letter from Steve Atwater, Superintendent of KPBSD °`lam AMENDED STAFF REPORT To: Planning & Zoning Commission Prepared by: ne Date: December 10, 2013 Res: PZ13 -41 GENERAL INFORMATION Applicant: Segesser Surveys 907 - 262 -3909 30485 Rosland Street Soldotna, AK 99669 For: Kathleen Martin 907 - 252 -8163 P.O. Box 521 Cooper Landing, AK 99572 Requested Action: Revised Preliminary Subdivision Plat — Kee's Tern Subdivision Legal Description: Located within Government Lot 4 and the SEl /4 SWl /4 Section This plat subdivides a large parcel containing over 30 acres into a subdivision resulting in 24 individual lots. The lots in the subdivision range in size from 1 acre to 1.39 acres and meet the minimum lot size for the zone and Alaska Department of Environmental Conservation (ADEC) requirements for on -site water and sewer. The minimum lot width within the Rural Residential zone (KMC 14.24.020) of 90 feet is met for all lots in the subdivision except Tract A which will require an exception from City Council pursuant to KMC 14.10.090 after a report by the Planning Commission. The City of Kenai requires development of dedicated rights -of -way. The 30' foot dedication off North Fern Street is a half - dedication matching the existing dedication of North Fern Street. The plat also identifies a 60' foot wide tract into the subdivision off North Dogwood Road identified as Tract A. Tract A is a parcel whose use and access appears limited solely to the owners of Kee's Tern Subdivision and Emergency Service Vehicles by plat note. The plat notes provide that Tract A is owned by KEE's Tern 31; T6N, RI OW, S.M. Street Address: 4255 North Dogwood Road KPB Parcel No.: 04906060 Existing Zoning: RR — Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS This plat subdivides a large parcel containing over 30 acres into a subdivision resulting in 24 individual lots. The lots in the subdivision range in size from 1 acre to 1.39 acres and meet the minimum lot size for the zone and Alaska Department of Environmental Conservation (ADEC) requirements for on -site water and sewer. The minimum lot width within the Rural Residential zone (KMC 14.24.020) of 90 feet is met for all lots in the subdivision except Tract A which will require an exception from City Council pursuant to KMC 14.10.090 after a report by the Planning Commission. The City of Kenai requires development of dedicated rights -of -way. The 30' foot dedication off North Fern Street is a half - dedication matching the existing dedication of North Fern Street. The plat also identifies a 60' foot wide tract into the subdivision off North Dogwood Road identified as Tract A. Tract A is a parcel whose use and access appears limited solely to the owners of Kee's Tern Subdivision and Emergency Service Vehicles by plat note. The plat notes provide that Tract A is owned by KEE's Tern PZ13 -41 - Revised Comments Page 2 Page 2 Subdivision Home Owners Association. All roads within the Kee's Tern Subdivision are intended to be private roads and will not be maintained by the City of Kenai unless brought to City standards, and Tract A is dedicated to and accepted by the City. The Kenai Peninsula Borough also has design requirements and development standards that will have to be met and /or grant waivers for development of this private subdivision such as: • 20.20.200 Address Lots - Access to Streets "each lot shall abut on a dedicated street." Since Tract A is not a "dedicated street" an exception must be granted by the Borough Planning Commission. • 20.20.150 Streets - Name requirements "Streets shall be named to conform to adjacent areas and to avoid duplication, and in the uniform manner prescribed by the commission." The plat identifies Tract A as a parcel not a street. They following synopsis provides action the City has taken with this plat to date: • December 28, 2012, Preliminary Plat Kee's Tem Subdivision was received for review. • January 9, 2013, the original preliminary plat (PZ13 -01) was reviewed and approved by the Planning & Zoning Commission with several contingencies, including granting exceptions to KMC 14.10.080(e) Public Water System and (f) Sanitary Sewer Services. The Planning Commission cannot grant exceptions they must make recommendations to Kenai City Council. • May 22, 2013, the Planning and Zoning Commission approved PZ13 -25, a recommendation to the Kenai City Council to approve exceptions to KMC 14.10.080, Minimum Improvements Required, by not requiring the developer to provide a public water supply and sanitary sewer lines for the Kee's Tern Subdivision, and amending PZ13 -01 to require that roads be constructed to the minimum standards required by City code. • June 5, 2013, the Kenai City Council approved Resolution No. 2013 -36 granting public water and sewer system exceptions to KMC 14.10.080, Minimum improvements, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. This carry's over with this plat. • June 26, 2013, the Planning and Zoning Commission approved PZ13- 31(PZ13- 25) recommending the Kenai City Council approve an exception for Kee's Tern Subdivision to KMC 14.10.080, Minimum Improvements Required, for construction of Subdivision roads that vary from minimum code requirements. • July 3, 2013, the Kenai City Council approved Resolution No. 2013 -55 granting road development standard exceptions to KMC 14.10.080 Minimum Improvements Required, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. The Martins intend to create a Homeowners Association to maintain the roads and accept ownership of Tract A. All parcels within the subdivision are subject to current City of Kenai Building and Zoning Codes. All streets are intended to be privately maintained by PZ13 -41 —Revised Comments Page 3 Page 3 the Homeowners Association. There have been multiple correspondence /meetings between the Martins and City Administration to attempt to develop plat notes that outline requirements for future development within the subdivision. RECOMMENDATIONS This is a revised preliminary plat that subdivides a large parcel into a 24 -lot subdivision and creates Tract A as a parcel whose use and access is limited solely to the owners of Kee's Tern Subdivision and Emergency Service Vehicles. Tract A is intended to be maintained by a Homeowners Association. The property is located in the Rural Residential zone. The lots meet the development requirements for the zone. The property is located off North Dogwood Road which is developed and maintained by the City of Kenai. The lots in the subdivision meet ADEC standards for on -site water and sewer. The Kenai City Council granted an exception to KMC 14.10.080(e) Public Water System and (0 Sanitary Sewer Services. If in the future the City should extend water and sewer mains down North Dogwood Road, there will be sufficient room in the rights -of -way place the main lines. Recommend approval of the revised preliminary plat subject to the following: 1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all required improvements an installation agreement will be required. 2. Roads must be constructed to standards per plat notes prior to final plat unless and installation agreement is in place. 3. Road design must be stamped by an engineer licensed in the State of Alaska. 4. Signage including but not limited to stop signs, speed limit signs and street signs. 5. As -built drawings prepared by the design engineer responsible for observation must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. City must be notified if gates are intended to be placed on the road way and approve plan for gates that assure adequate emergency vehicle access. 8. Homeowners Association must be formed by developer and approved by the City of Kenai Planning & Zoning Commission prior to plat being finalized. 9. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.180 and 20.20.200. 10. City requests opportunity to consider and comment on any new changes and /or additions added to plat. 11. The following plat notes must be sufficiently modified as follows: a. Plat Note 2. States "Tract A is a parcel whose use and access is limited PZ13 -41 — Revised Comments Page 4 Page 4 solely to the owners of ..." This entails that others; mail carriers, guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as provided in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctuation or add words in the following "and to the mandatory payment of assessment, insurance dues." c. Plat Note 3 should explain/clarify who responsible for the prior review of site plans and construction other than City code enforcement (building/zoning code). d. Plat Note 5. Replace last sentence with "Roadways constructed to Kenai Peninsula Borough Category III standards do not meet minimum standards required by City of Kenai and therefore if at any future time the City takes over ownership and/or maintenance responsibilities of roadways within the subdivision roadways will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of roadway improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to have a minimum width of 90 feet and Tract A is only 60 feet based on the following: allowing Tract A to have a width of 60 feet allows reasonable development of the subdivision given that Tract A is intended to be used for roadway purposes only and such an exception preserves public welfare and interests of the City and the general intent and spirit of the City's subdivision regulations. ATTACHMENTS: 1. Resolution No. PZ13 -01 2. Resolution No. PZ13 -25 3. Resolution No. 2013 -36 4. Resolution No. PZ13- 31(PZ13 -25) 5. Resolution No. 2013 -55 mn CITY OF KENAI PLANNING AND ZONING COMMISSION AMENDED RESOLUTION NO. PZ13 -41 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 11, 2013, and received from Segesser Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement will be required if lots are sold prior to construction of all required improvements. 5. Status of surrounding land is shown. 6. Utility easements must be shown on the final plat. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200 referencing Street names. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, December 11, 2013. CHAIRPERSON: ATTEST: PZ13 -41 Amended Resolution Page 2 Recommend approval of the revised preliminary plat subject to the following: 1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all required improvements an installation agreement will be required. 2. Roads must be constructed to standards per plat notes prior to final plat unless and installation agreement is in place. 3. Road design must be stamped by an engineer licensed in the State of Alaska. 4. Signage including but not limited to stop signs, speed limit signs and street signs. 5. As -built drawings prepared by the design engineer responsible for observation must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. City must be notified if gates are intended to be placed on the road way and approve plan for gates that assure adequate emergency vehicle access. 8. Homeowners Association must be formed by developer and approved by the City of Kenai Planning & Zoning Commission prior to plat being finalized. 9. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.180 and 20.20.200. 10. City requests opportunity to consider and comment on any new changes and /or additions added to plat. 11. The following plat notes must be sufficiently modified as follows: a. Plat Note 2. States "Tract A is a parcel whose use and access is limited solely to the owners of ..." This entails that others; mail carriers, guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as provided in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctuation or add words in the following "and to the mandatory payment of assessment, insurance dues." c. Plat Note 3 should explain/clarify who responsible for the prior review of site plans and construction other than City code enforcement (building/zoning code). d. Plat Note 5. Replace last sentence with "Roadways constructed to Kenai Peninsula Borough Category III standards do not meet minimum standards required by City of Kenai and therefore if at any future time the City takes over ownership and/or maintenance responsibilities of roadways within the subdivision roadways will have to be improved to meet City of Kenai Standards in effect at time of acceptance. The cost of roadway improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to have a minimum width of 90 feet and Tract A is only 60 feet PZ13 -41 Amended Resolution Page 3 based on the following: allowing Tract A to have a width of 60 feet allows reasonable development of the subdivision given that Tract A is intended to be used for roadway purposes only and such an exception preserves public welfare and interests of the City and the general intent and spirit of the City's subdivision regulations. 7CIL IlVillay with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i = Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I t 1992 tGrea�of KENASKA MEMO: TO: Planning & Zoning Commission THRU: Rick Koch, City Manager /Acting City Planner FROM: Nancy Carver, Planning Assistant'/ DATE: December 11, 2013 `J� UBJECT: PZ11-22— Conditional Use Permit — Motor-Cross Race Track — 490 Shotgun Drive On September 21, 2011, the City of Kenai Board of Adjustment (BOA) issued their decision in the appeal of the above - referenced Conditional Use Permit PZ11 -22. To ensure compliance is met, the Planning and Zoning Commission scheduled a review of PZ11 -22 at the end of the 2013 racing season. In additional to the requirements granted by the Planning & Zoning Commission on June 8, 2011, the Board of Adjustment amended PZ11 -22 adding additional requirements and conditions: Based on a review of the requirements the Racing Lions are in compliance with all of the requirements outlined in Resolution PZ11 -22 and BOA amendment of PZ11 -22 (attached). Notices were sent to surrounding property owners advising them the Commission will be reviewing the permit at their December 11th meeting. To date, the City has had no response from those notices. Unless there are unforeseen issues brought to the City's attention, it is my recommendation the Commission approves Conditional Use Permit PZ11 -22 under the conditions listed in KMC 14.20.150, Planning & Zoning Commission requirements and the additional restrictions placed by the Board of Adjustment. NV 11KIlagr e with a Past, C, with a Future" yam, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -22 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: Kenai Peninsula Racing Lions USE Motocross Track LOCATED: E112SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4 and SWl /4NW1 /4NE1 /4 and NEl /4SW1 /4NE1 /4 and El /2SW1 /4SW1 /4NE1 /4 and SWl /4SE1 /4NE1 /4 and Sl /2NEl /4SE1 /4NE1 /4 containing 50 acres more or less as shown on Attachment A of Kenai Peninsula Borough Land Use Permit Project #04 -15 — 490 Shotgun Drive (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: Portions of 041 - 030 -50 and 041- 020 -52 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 12, 2011 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. 4. That the Commission conducted a duty advertised public hearing as required by KMC 14.20.280 on: June 8, 2011. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED MOTOCROSS TRACK 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, JUNE 8, 2011. CHAIRPERSON: ATTEST:— /�a� PZ11 -22 Resolution Additional requirements: Page 2 1. The permit is limited to the existing facilities. Any expansion of the use would require an amendment to the permit subject to a public hearing as required in KMC 14.20.150(h). This restriction does not include the accessory uses which support the principal use including the parking expansion, restrooms, trash receptacles, and water manifolds as shown on the site plan. Also excluded from this restriction is the BMX RC (Remote Control) Car Pit track due to the limited effect on neighboring properties by such activities. 2. The Spill Prevention Control and Countermeasure Plan, December 2010, must be updated to identify the location of the spill kit (Item 1.2). 3. In the event of a spill, the City of Kenai, Planning Department must be notified of the incident. 4. The Caring for the Kenai Recycled Tire Sound Barrier will require a building permit and must be reviewed and approved by the City of Kenai Planning and Building Departments prior to construction. 5. Building construction concerns must be addressed as follows: • The existing, unfinished building at the race track must be completed in accordance with code. An application for a permit and plans must be submitted as required for the remainder of the work necessary to finish the building or for any other new construction proposed. • All structures at the motocross track must be removed or considerably improved to be in substantial compliance with current codes. Numerous deficiencies were observed at the observation/concession building (identified as tower operations on the site plan) and the stadium seating structures and they are not acceptable for continued use. Application for permits and plans will be required for all new work proposed to repair or replace the structures. 6. Permit will be scheduled for review before the Commission the end of 2013. Accordingly, the CUP is amended to add the following additional requirements and conditions (unless otherwise noted, all conditions imposed by the Commission remain): a. The Racing Lions shall comply with any and all conditions and requirements of the Land Use Permit issued by the Kenai Peninsula Borough (LMD Project # 04 -15) the term of which is May 19, 2011, through May 18, 2012, and as the Land Use Permit it may be subsequently amended or renewed or replaced. b. The Racing Lions must complete and shall comply with the Spill Response Control and Countermeasures Plan (Kenai Peninsula Racing Lions, dated December, 2010) implemented to ensure groundwater protection. The Racing Lions shall provide a completed copy of the Plan (including the location of the spill kit identified in section 1.2 of the Plan) to the City no later than December 31, 2011, unless the City otherwise agrees in writing. In addition, the Racing Lions shall report all reportable incidents under that Plan to the City of Kenai in the same manner as otherwise specified in section 1.4 of that Plan regarding reports to other agencies (this replaces condition 2 as set out in Commission Resolution PZ 11 -22). C. The Racing Lions shall immediately inform the City of any oil and hazardous substance spill on the Property that it is otherwise required to report to the Borough or to any state or federal regulatory agency and such information shall be provided to the City within ten calendar days of its Board of Adjustment Decision — Appeal of Robert E. Flanders Page 13 of 17 distribution to those agencies (this replaces condition 3 as set out in Commission Resolution PZ11 -22). d. The Racing Lions shall provide the City with copies of all enforcement orders and notices of violation (or alleged violation) received by the Racing Lions from the Kenai Peninsula Borough or from any state or federal regulatory agency with respect to its operations on the Property and such information shall be provided to the City within ten calendar days of its receipt by the Racing Lions. e. The Racing Lions shall post at least three new sets of signs on the Property. The signs shall be located at the fork in the road on Shotgun Drive leading to the entry gate, on the entry gate, and in another conspicuous location where bikes may enter the track. One set of signs shall display the practice schedule. The other set of signs shall say "No Trespassing." The Racing Lions shall maintain these signs throughout the life of this permit so that the signs are easily readable and in good condition. f. The hours of operation for motocross activities shall be limited as follows (nothing requires the Racing Lions to utilize all permitted hours and it may elect to open its motocross track for fewer hours): Sunday: The track shall be closed. Monday: The track shall be closed. Tuesday: The track may be open from 12:00 p.m. through 8:00 p.m. only. Board of Adjustment Decision — Appeal of Robert E. Flanders Page 14 of 17 Wednesday: The track may be open from 3:00 p.m. through 8:00 p.m. Thursday: The track may be open from 12:00 p.m. through 8:00 p.m. only. Friday: The track may be open from 12:00 p.m. through 8:00 p.m. only. Saturday: The track may be open from 12:00 p.m. through 8:00 p.m. only. g. The schedule in subparagraph f, immediately above, does not apply to motocross race events (for example City Races and state race weekends) held on weekends and on State holidays, which events are permitted. h. Because Radio Control (RC) and BMX racing will not add any significant additional noise or traffic to the area, and because no specific objection to those additional uses was made (only a request for clarification), the Board affirms the Commission's decision that the Racing Lions may further expand the facility to include a new track and activities with respect to RC and BMX racing. Any RC and BMX racing must occur during the same hours of operation as the motocross activities on the Property. Pit bikes are not permitted due to their potential to generate additional noise and traffic in the area. If the Racing Lions wants to have pit bike activities on the Property, it must apply for a separate conditional use permit for that expanded use. (This modifies condition 1 as set out in Commission Resolution PZ11 -22.) All information required by these conditions shall be directed the Kenai City Manager at Kenai City Hall, 210 Fidalgo Avenue, Kenai, AK 99611. Failure to comply with any of the conditions of the CUP is grounds for revocation of the CUP. Board of Adjustment Decision — Appeal of Robert E. Flanders Page 15 of 17 Rick Koch From: Gus Sandahl Sent: Thursday, November 14, 2013 8:45 AM To: Rick Koch Subject: Raceway No noise complaints about the raceway this year. Only two calls for service at the race property. 1. Open container of alcohol 2. DUI. Gus Nancy Carver From: Campbell, Cathryn (DOL) [cathryn.campbell @alaska.gov] Sent: Wednesday, December 11, 2013 3:31 PM To: Nancy Carver Subject: Tonights Planning and Zoning meeting I found out at 8 pm last night that there was to be a meeting tonight to discuss the Racing Lions CUP and I am not able to attend. I would like to request that this item be table to allow those of us directly affected to review the information and respond appropriately. I have serious concerns about granting "permanent status" to the Racing Lions. Just because they followed the rules for 2 years does not justify granting them permanent status. What about the many years that they were not in compliance? Do we just forget about that because they followed the rules for 2 years? Two years does not erase the previous years of non- compliance and all the years they were a very uncooperative neighbor to those of us that are directly affected by the racetrack. I believe that there should be a regular review process. Every 3 to 5 years their conditional use permit should be reviewed to ensure continued compliance. If you grant permanent status to them then there is no incentive for them to continue to follow the rules. My other concern is that this will enable them to increase activity at the track without being required to obtain public input. I agree with extending or continuing their CUP but not permanent status My other concern is the process which is used to grant CUPs like this. Notices were sent out to "adjoining property owners ". The noise levels created by this activity impacts an area far greater than just the adjoining property owners. Property owners within one square mile should be notified. Cathy Campbell PO Box 222 Kenai, AK 99611 335 -0024 Kenai.cathy @gmail.com Race Track Vicinity Map ) Campbell Property PZ13 -39 Home Occupation Permit - Gun Business 1C." Subject Property E0 E o wo _TN O � N SILVER 1850 PINES RD C/) � `m 530 526 U LQL LLI p 531 Q m 529 SR? Z m > a d ~ m CHURCH m m W U 1602 1512 6 524 INE AVE 522 0 1809 18W 1605 1603 1601 1513 1511 1509 150 1505 1503 1501 527 623 510 S72 516 6pQ NF�I os �9 C) 6 fT 1214 _J WCT LLu = 406 Q w p Z PZ13 -39 Home Occupation Permit - Gun Business < C°_ KENAI PENINSULA BOROUGH SCHOOL DISTRICT Office of Superintendent Dr. Steve Atwater, Superintendent of Schools 148 North Binkley Street Soldotna, Alaska 99669 -7553 Phone (907) 714 -8888 Fax (907) 262 -9132 December 10, 2013 City of Kenai Planning and Zoning Commission Jeff Twait, Chair 210 Fidalgo Ave. Kenai, AK 99611 Dear Mr. Twait and Members of the City of Kenai Planning and Zoning Commission: I am writing to recommend that you not grant a business license for the sale and repair of firearms at a residence that is close to Kaleidoscope School of Arts and Sciences. I make this recommendation for the following four reasons: The federal Gun Free School Zones Act makes it unlawful to possess a firearm in a school zone. 18 USC 922(q)(2)(A). A school zone is defined as "within a distance of 1,000 feet from the grounds of a public, parochial or private school." 18 USC 921(a)(2S). Please note that this does not apply if the individual possessing the firearm is licensed to do so under state law, or if the firearm is not loaded and is in a locked container. 18 USC 922(c)(2)(B)(ii)- (iii). My concern is that people going to and from the business would be in the school zone and this would mostly likely result in the unlawful possession of a firearm in a school zone The decision to grant a permit creates a scenario where multiple weapons are readily present within a school zone and there are no protections and /or policing to determine if the presence of those weapons is lawful 3. It is also important to note that Kaleidoscope, as a state approved charter school, is an alternative school where parents have chosen to send their students. The rights of these parents, and of future parents, to have their children attend at a school location that has previously been gun - free should take precedence over the application of the homeowner. In support of this are a couple of the Congressional findings set forth in the Gun Free School Zones Act. ANCHOR POINT COOPER LANDING HOMER HOPE KACHEMAK SELO KENAI MOOSE PASS NANNAIEK NIKISKI NIKOLAEVSK NINI ;-K PORT GRAHAM RAZDOLNA SELDOVIA SEWARD SOLDOTNA STERLING TUSTUMENA 1 YONEK VOZNESENF,A Specifically: • "firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools;" • "due to concern about violent crime and gun violence, parents may decline to send their children to school;" • "the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;" and • Congress enacted this law "to ensure the integrity and safety of the Nation's schools" 18 USC 922(q)(1). 4. Finally, it is important to note that the school district has no objection to the existence of such a business. However, the thought that children and staff while at school may witness customers either coming or going from the business with one or more firearms is unsettling. Because of the inherent problems with the oversight and policing of weapons in a school zone, and the risk to student safety, I feel that the permit should be denied. If not denied, I request that the PZC require the business, as a condition of the permit, to provide posted and written notice to its customers that the business sits within a federally designated school zone and that all firearms transported to and from the business must be unloaded and in a locked container; or must be transported by an individual licensed to carry the firearm. Sincerely, Steve Atwater, Ph.D. Superintendent of Schools cc: Scott Bloom, City of Kenai Attorney ANCHOR POINT COOPER LANDING HOMER HOPE KACHEMAK SELO KENAI MOOSE PASS NANWALEK NIKISKI NIKOLAEVSK NINIICHIK' PORT GRAHAM RAZDOLNA SELDOVIA SEWARD SOLDOTNA STERLING TUSTUMENA TYONEK VOZNESENKA