HomeMy WebLinkAbout2016-11-09 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
NOVEMBER 9, 2016 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*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 12, 2016 .............................................................................................. 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ16-36 – Preliminary Original Plat of Ridgeview Subdivision 2016
Replat,submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK
99611 ................................................................................................................ 5
6. PUBLIC HEARINGS: None
a. PZ16-37 – Application for a Variance Permit for the placement of an
approximately 32 foot square sign within one (1) foot of the property line where ten
(10) feet is required pursuant to KMC 14.20.220(b)(2)(c). Located at 8333 .. Kenai
Spur Highway, and further described as Tract A, Kenai Fellowship Church. ...The
application was submitted by the Kenai Fellowship A Church of Christ, Inc. .. P.O.
Box 538, Kenai, AK 99611. ................................................................................ 13
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 33
b. Borough Planning ........................................................................................... 36
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 14, 2016
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
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STAFF REPORT
To: Planning & Zoning Commission
Date: November 9, 2016 Res: PZ16-36
GENERAL INFORMATION
Applicant: Paul H. Ruesch and Lynda R. Ruesch
5360 Ridgeview St.
Kenai, AK 99611-8634
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Ridgeview Estates
Subdivision 2016 Replat
Existing Legal
Description: Lots One (1) through Four (4), inclusive, Ridgeview Estates
Subdivision, according to Plat No. 80-48 and Tract B,
Ridgeview Estates Addition No. 1, according to Plat No. 97-
12
Proposed Legal
Description: Tract C, Ridgeview Estates Subdivision 2016 Replat
Street Address: 5300 Ridgeview Court, 1375 Chisik Street, 5340 Ridgeview
Court, 5360 Ridgeview Court, and 1445 Chisik Street
KPB Parcel No.: 04950004, 04950003, 04950005, 04950006, and 04950010
Existing Zoning: (RR) Rural Residential
Current Land Use: Single Family Dwelling and Vacant Parcels
Land Use Plan: Rural Residential
ANALYSIS
The new plat vacates the property line between Lots One (1) through Four (4),
inclusive, Ridgeview Estates Subdivision and Tract B, Ridgeview Estates
Addition No. 1. The lot line vacation will result in the creation of one large tract to
be described as Tract C, Ridgeview Estates Subdivision 2016 Replat, containing
approximately 16,057 acres. The proposed lot meets the minimum lot size
requirement of 20,000 square feet for the Rural Residential zone. The
reconfigured lot meets the minimum lot width of 90 feet for the Rural Residential
zone. The residence located on the proposed tract is serviced by a private well
and septic system. An installation agreement is not required.
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Ridgeview Court provides access to Lots One (1), Three (3), and Four (4),
Ridgeview Estates Subdivision. Currently, Ridgeview Court is an undeveloped
right-of-way which is not maintained by the City of Kenai. Access to the
applicant’s residence which is located on Lot Four (4), Ridgeview Estates
Subdivision is provided by a private driveway located within the undeveloped
right-of-way for Ridgeview Court.
Chisik Street provides access to Lot Two (2), Ridgeview Estates Subdivision and
Tract B, Ridgeview Estates Addition No. 1. Chisik Street is a gravel road which is
maintained by the City of Kenai.
The underlying plat of Ridgeview Estates Subdivision, plat number 80-48
discloses a 10 foot utility easement delineated along the East boundary of Lots
One (1) and Two (2) and the West boundary of Lot Three (3), Ridgeview Estates
Subdivision. The surveyor has indicated that these utility easements will not be
vacated at this time; therefore, these easements should be delineated on the
proposed plat of Ridgeview Estates Subdivision 2016 Replat.
In addition, there is a five foot utility easement delineated along the North
boundary of Lots One (1) and Three (3), Ridgeview Estates Subdivision and the
South and East boundaries of Tract B, Ridgeview Estates Addition No. 1. It
appears that overhead utility lines are located within the utility easement located
along the North boundary of Lots One (1) and Three (3), Ridgeview Estates
Subdivision. The proposed plat of Ridgeview Estates Subdivision 2016 Replat
increases the width of said utility easement from five feet to 15 feet. The 15 foot
easement is delineated on the proposed plat of Ridgeview Estates Subdivision
2016 Replat and must be accepted by the City of Kenai.
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. The 10 utility easements along the East boundary of Lots One (1) and
Three (3) and the West boundary of Lot Three (3), Ridgeview Estates
Subdivision shall be delineated on the proposed plat.
c. The City of Kenai must sign the final plat accepting for public use the 15
foot utility easement dedicated by the plat.
d. Ridgeway Street as shown in the title block for the plat should be revised
to read Ridgeway Court.
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ATTACHMENTS:
1. Resolution No. PZ16-36
2. Preliminary Plat
3. Application
4. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-36
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 of RIDGEVIEW ESTATES SUBDIVISION 2016 REPLAT
was referred to the City of Kenai Planning and Zoning Commission on November 9, 2016,
and received from Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. 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.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The 10 utility easements along the East boundary of Lots One (1) and Three (3)
and the West boundary of Lot Three (3), Ridgeview Estates Subdivision shall be
delineated on the proposed plat.
c. The City of Kenai must sign the final plat accepting for public use the 15 foot utility
easement dedicated by the plat.
d. Ridgeway Street as shown in the title block for the plat should be revised to read
Ridgeway Court.
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NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE RIDGEVIEW ESTATES
SUBDIVISION 2016 REPLAT, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 9th day of November, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: November 9, 2016 Res: PZ16-37
GENERAL INFORMATION
Applicant: Kenai Fellowship, A Church of Christ, Inc.
P.O. Box 538
Kenai, AK 99611
Representative: Rosalind Foster
111 North Gill Street
Kenai, AK 99611
Representative: Gary Lybrand
29533 Wilson Street
Soldotna, AK 99669
Requested Action: A Variance Permit for the placement of an
approximately 32-square-foot sign within one (1) foot
of the front property line, where ten (10) feet is
required.
Legal Description: Tract A, Kenai Fellowship Church
Street Address: 8333 Kenai Spur Highway
KPB Parcel No.: 04520025
Existing Zoning: Suburban Residential
Current Land Use: Church
Land Use Plan: Neighborhood Residential
ANALYSIS
The Applicant has requested to install a new approximately 32-square-foot free
standing sign in front of their Church building to replace an existing sign. The
proposed sign would be approximately 16 feet in height. The existing sign has
been in place for approximately 40 years. The existing Church building was
constructed in 1974 and is located approximately 22 feet from the front property
line. Pursuant to Kenai Municipal Code 14.20.220 signs in Residential Zones are
limited to 32 square feet in size and shall be no closer than 10 feet from any
property line.
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The applicant has requested to construct the new sign at a distance of 1-foot
from the front property line and place it perpendicular to the building to maximize
it visibility from the Kenai Spur Highway. KMC 15.20.220(3)(9) allows for relief
from the provisions of the 10-foot setback requirement upon the issuance of a
Variance Permit.
General Information:
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of the following conditions exist as a
prerequisite to issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to the
land or structures involved which are not applicable to other lands or
structures in the same zoning district.
The existing free standing sign is located approximately 8 feet from the front
property line and is therefore considered a legal non-conforming structure
pursuant to KMC 14.20.050(d) – Nonconforming Structures. It was
constructed prior to the adoption of the City’s Zoning Code and therefore it
can remain in its present location, however it cannot be enlarged or
modified. It may however have routine maintenance done to it.
The applicants have requested to replace the existing sign with a new
approximately 32-squre-foot sign. Pursuant to KMC 14.20.220, signs are
required to be placed 10 feet from any property line. The proposed sign
would be a free standing double faced sign of approximately 7 feet in length
with two 6 inch posts on either side. As proposed, the sign would be
approximately 5 feet from the existing Church building due to the 10-foot
setback requirement. This location would make the sign not very visible to
passing drivers on the Kenai Spur Highway. If the proposed sign was
constructed at a distance of 1-foot front the front property line, it would be
much more visible to drivers and Church goers.
2. The special conditions or circumstances have not been caused by actions of
the applicant and such conditions and circumstances do not merely
constitute a pecuniary hardship or inconvenience.
The Right-of-Way for the Kenai Spur Highway is approximately 200 feet wide
in this location. The front property line of the subject parcel is located
approximately 131 feet from the centerline of the highway. Pursuant to the
Department of Transportation, a permanent sign cannot be located within
their Right-of-Way.
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When the Church was built in 1974, the City of Kenai did not have zoning
authority from the Kenai Peninsula Borough, therefore, staff it unaware of
what the setbacks to the property line for buildings was at the time of
construction. Given the location of the Church building and its proximity to
the property line it seems reasonable to allow for the placement of a new
sign at a distance of 1-foot from the front property line.
3. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
Pursuant to KMC 14.20.220(b)(2)(c) – Signs for Other Allowed and Conditional
Uses, one sign not to exceed 32 square feet may be constructed on the subject
lot for multi-family dwellings, clubs, professional offices, churches, and other
similar uses.
4. The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
To maximize its visibility, the applicant has requested to construct the
proposed sign at a distance of 1-foot from the property line. This would
allow for increased visibility of the new sign and place it a reasonable
distance from the existing Church building.
5. The granting of a variance shall not be based upon other non-conforming
land uses or structures within the same land use or zoning district.
The applicant understands that the decision of the Planning and Zoning
Commission shall not be based on other non-conforming lots in the
Suburban Residential Zone. The applicant has provided a site plan that
shows that the proposed sign will be located 1-foot from the front property
line of the subject parcel. This proposed setback from the front property
seems reasonable given the width of the Right-of-Way for the Kenai Spur
Highway.
RECOMMENDATIONS
Administration recommends the granting of this Variance because it would be
consistent with the intent of KMC 14.20.180(a) which states “to provide relief
when the literal enforcement would deprive a property owner of the reasonable
use of his real property”.
The issuance of the variance shall be conditioned upon the following:
a. Applicant must comply with all Federal, State, and local regulations.
b. Prior to obtaining a Building Permit, the Applicant must submit a Sign
Permit application.
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c. Flashing or intermittent illumination is not permitted.
ATTACHMENTS:
1. Resolution No. PZ16-37
2. Application
3. Elevations and Site Plan
4. Map
5. Site Visit Photographs
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-37
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE FOR THE PLACEMENT OF AN APPROXIMATELY
32-SQUARE-FOOT BY 16-FOOT TALL FREESTANDING SIGN WITHIN ONE (1)
FOOT OF THE FRONT PROPERTY LINE, WHERE TEN (10) FEET IS REQUIRED.
THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL
ZONING CODE:
APPLICANT NAME AND ADDRESS:
KENAI FELLOWSHIP, A CHURCH OF CHRIST, INC., P.O. BOX 538, KENAI, ALASKA
99611
PROPERTY LOCATION:
8333 KENAI SPUR HIGHWAY, TRACT A, KENAI FELLOWSHIP CHURCH
WHEREAS, The Commission finds that Section 14.20.180 provides that a Variance
from the strict provisions of the Zoning Code may be granted by the Commission if all
conditions specified in 14.20.180 are met; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 (b) has been
submitted and received on October 24, 2016;
2. This request is located on land zoned as Suburban Residential
3. Kenai Peninsula Borough Parcel No: 04520025
4. That the applicant seeks a Variance for the placement of a free standing sign
approximately 32-square-foot sign with an approximate height of 16 feet at a
distance of one (1) foot from the front property line, where ten (10) feet is required.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
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5. The Planning & Zoning Commission has found that the conditions which are a
prerequisite to issuance of a variance have been met, as follows:
a. Special conditions or circumstances are present which are peculiar to the
land or structures involved which are not applicable to other lands or
structures in the same zoning district.
The existing free standing sign is located approximately 8 feet from the front
property line and is therefore considered a legal non-conforming structure
pursuant to KMC 14.20.050(d) – Nonconforming Structures. It was
constructed prior to the adoption of the City’s Zoning Code and therefore it
can remain in its present location, however it cannot be enlarged or modified.
It may however have routine maintenance done to it.
The applicants have requested to replace the existing sign with a new
approximately 32-squre-foot sign. Pursuant to KMC 14.20.220, signs are
required to be placed 10 feet from any property line. The proposed sign
would be a free standing double faced sign of approximately 7 feet in length
with two 6 inch posts on either side. As proposed, the sign would be
approximately 5 feet from the existing Church building due to the 10-foot
setback requirement. This location would make the sign not very visible to
passing drivers on the Kenai Spur Highway. If the proposed sign was
constructed at a distance of 1-foot front the front property line, it would be
much more visible to drivers and Church goers.
b. The special conditions or circumstances have not been caused by actions of
the applicant and such conditions and circumstances do not merely constitute
a pecuniary hardship or inconvenience.
The Right-of-Way for the Kenai Spur Highway is approximately 200 feet wide
in this location. The front property line of the subject parcel is located
approximately 131 feet from the centerline of the highway. Pursuant to the
Department of Transportation, a permanent sign cannot be located within their
Right-of-Way.
When the Church was built in 1974, the City of Kenai did not have zoning
authority from the Kenai Peninsula Borough, therefore, staff it unaware of what
the setbacks to the property line for buildings was at the time of construction.
Given the location of the Church building and its proximity to the property line it
seems reasonable to allow for the placement of a new sign at a distance of 1-
foot from the front property line.
c. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
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Pursuant to KMC 14.20.220(b)(2)(c) – Signs for Other Allowed and Conditional
Uses, one sign not to exceed 32 square feet may be constructed on the subject
lot for multi-family dwellings, clubs, professional offices, churches, and other
similar uses.
d. The granting of a variance shall be the minimum variance that will provide for
the reasonable use of the land and/or structure.
To maximize its visibility, the applicant has requested to construct the
proposed sign at a distance of 1-foot from the property line. This would allow
for increased visibility of the new sign and place it a reasonable distance from
the existing Church building.
e. The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
The applicant understands that the decision of the Planning and Zoning
Commission shall not be based on other non-conforming lots in the Suburban
Residential Zone. The applicant has provided a site plan that shows that the
proposed sign will be located 1-foot from the front property line of the subject
parcel. This proposed setback from the front property seems reasonable
given the width of the Right-of-Way for the Kenai Spur Highway.
6. That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on November 2, 2016 and November 4, 2016.
7. CONDITIONS:
a. Applicant must comply with all Federal, State, and local regulations.
b. Prior to obtaining a Building Permit, the Applicant must submit a Sign Permit
application.
c. Flashing or intermittent illumination is not permitted.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 9th DAY OF NOVEMBER, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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Date: 11/4/2016
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. October 24, 2016
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Harry Lockwood, Ridgeway
b. Paul Whitney, City of Soldotna
3. Minutes
a. Minutes from October 10, 2016 will be approved at the next
meeting.
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker
unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Mooring Estates Subdivision Bible Chapel Third Addition .................................... 2
KPB File 2016-102 [Integrity / Soldotna Bible Chapel]
Location: Between W. Marydale Ave. and Sohi Ln in the City of Soldotna
2. Gerhart Homestead 2016 Addition ...................................................................... 44
KPB File 2016-120 [Integrity / Bailey Family Partnership]
Location: Near MP1 of the Kenai Spur Highway in the City of Soldotna
3. Herrmann Subdivision 2016 Addition .................................................................. 71
KPB File 2016-123 [Integrity / Williams, Anderson]
Location: On Feuding Lane in Sterling
4. Heidi’s Haven Replat .......................................................................................... 87
KPB File 2016-124 [Segesser / Powers]
Location: Near MP 101 of the Sterling Highway in Kalifornsky
5. Redoubt Terrace Subdivision 2016 Replat ....................................................... 101
KPB File 2016-119 [Segesser / Timlin, Anderson]
Location: Off of South Gill St in the City of Kenai
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
MEMBERS:
James Isham
Sterling
Term Expires 2018
Harry Lockwood
Ridgeway
Term Expires 2019
Blair Martin
Kalifornsky Beach
Term Expires 2018
Paulette Carluccio
(October Only)
City of Seldovia
Term Expires 2018
Cindy Ecklund
(December Only)
City of Seward
Term Expires 2017
ALTERNATES:
Robert Ernst
Northwest Borough
Term Expires 2017
James Glendening
City of Kenai
Term Expires 2019
Paul Whitney
(October Only)
City of Soldotna
Term Expires 2017
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I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, November
14, 2016 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough,
144 North Binkley, 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: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
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