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HomeMy WebLinkAbout2008-06-25 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 25, 2008 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences - KuY•t Rogers *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. *June 11, 2008 3. SCHEDULED PUBLIC COMMENT: {10 Minutes) a. Ray Espy -Planning for Future Cell Towers 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ08-34 -- An application to rezone properties known as Lot 4, FBO Subdivision No. 7 & Lot S, FBO Subdivision No. 8 (525 & 535 North Willow Street) from Conservation to Light Industrial. Application submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZ08-35 - An application to rezone properties known as Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 (410, 420 & 400 Coral Street) from Conservation to Light Industrial. Application submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. c. PZ08-36 - An application for a Variance from height restrictions for an $0-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 (406 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commexcial Drive, Anchorage, Alaska. d. PZ08-38 - An application to rezone properties known as Buffalo Run Subdivision Phase 1, Tract 1 and Tract A Swires Subdivision Amended Excluding Buffalo Run Subdivision Phase 1(Tract lA Buffalo Run Replat Preliminary Plat), 314 Swires Road from Suburban Residential to Rural Residential. Application submitted by Bill E. Zubeck, 414 Swires Road, Kenai, Alaska. Agenda June 25, 2008 6. OLD BUSINESS: Page 2 7. NEW BUSYNESS: a. Lease Application -James H. Doyle, dlb/a Weaver Brothers, Inc. -Tract $, Gusty Subdivision No. 6 --Discussion. b. Amendment to KMC 14.20.200 (a) -Discussion -Set public hearing. 8. PENDING ITEMS: a, PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes} 11. INFORMATION ITEMS: a. PZ08-37 -Landscape/Site Plan - A.F.S.S. Building - 470 N. Willow Street b. Request for excused absence -Commissioner Rogers c. Planning & Zoning Commission Roster d. Zoning Bulletin -June 10, 200$ 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: ate. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 11, 2008 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. "Excused Absences *AIl 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 sepaxate 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. *May 28, 2008 3. SCHEDULED PUBLIC COMMENT: {10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ08-31 - An application for a for a 15-foot rear setback variance the property known as Lot 9, Block 3, Redoubt Terrace Subdivision, Hall Addition (105 Haida Drive}. Application submitted by Ryan Tunseth, 105 Haida Drive, Kenai, Alaska. b. PZ48-32 - A Conditional Use Permit to operate a lawn care business from 1902 & 1904 Aliak Drive, Lots 1 & 2, Woodcock 1984 Subdivision of Gov't. Lot 69. Application submitted by Charles Woodcock, 1902 Aliak Drive, Kenai, Alaska. b. OLD BUSINESS; 7. NEW BUSINESS: a. An ordinance of the Council amending KMC 1.$5.060 and KMC 1.85.070 -~ Conflict of Interest -Discussion. 8. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes} 11. INFORMATION ITEMS: a. PZ08-33 -Landscape/Site Plan -City of Kenai -Public Safety Garage -109 South Willow Street. b. PZ08-30 -Landscape/Site Plan -Rockwell Smith -Fed Ex Building - 427 North Willow Street. c. Zoning Bulletin (S/25/08) 12, COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 11, 2008 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1-a. Ro11 Call Roll was confirmed as follows: Commissioners present: S. Romain, R. Wells, J. Twait, P. Bryson, J. Brookman, and K. Koester Commissioners absent: Nine Others present: Council Member R. Ross, City Clerk C. Freas, and City Planner M. Kebschull City Clerk Freas administered the oath of office to Kurt B. Rogers and Mr. Ragers took his seat on the dais. 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as amended with the lay down items including the revised agenda and Supplement No. 1 of the Comprehensive Plan packet. Cornmissianer Romain SECONDED the motion. There were no objections. SO ORDERED. 1-a. Consent Agenda MOTION: Commissioner Ramain MOVED to approve the consent agenda as presented and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. *Excused Absences -- None. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by ane 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. ITEM 2: APPROVAL OF MINUTES -- May 28, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ08-31 - An application for a for a 15-foot rear setback variance the property known as Lot 9, Block 3, Redoubt Terrace Subdivision, Ha11 Addition (105 Haida Drive) . Application submitted by Ryan Tunseth, 105 Haida Drive, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting the following the applicant was requesting a 15-foot rear setback variance to construct a 15 x 10 s.f. shed. Kebschull also reviewed the criteria required to KMC 1.20.180 to determine if a variance should be granted and her findings which were also included in the staff report. Kebschull noted the following: • The five-foot side setback was met. • Special conditions or circumstances: Because the parcel was developed, options for location of a shed within the constraints of the rear yard provided special circumstances. • The applicant inherited the development constraints when purchasing the residence. • Sheds are accessary structures permitted within the zone. • Using the measurements provided, it appeared the request was reasonable and minimum. The request was not based on other non-conforming uses or structures. Because the request was reasonable in light of the available lot left for the year yard and still meeting the side setbacks, she recommended approval of the variance. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION: Commissioner Romain MOVED for approval of the application fora 15-foot rear setback variance and Commissioner Bryson SECONDED the motion. There were no commission comments. VOTE: PLANNING & ZONING COMMISSION JUNE 11, 2008 PAGE 2 Romain Yes Wells Yes Twait Yes B son Yes Ro ers Yes Brockman Yes Koester Yes MOTION PASSED UNANIMOUSLY. Twait noted appeals could be filed with the City Clerk within 15 days of the action taken. 5-b. PZ08-32 - A Conditional Use Permit to operate a lawn care business from 1902 & 1904 Aliak Drive, Lots 1 8v 2, Woodcock 1984 Subdivision of Gov't. Lot 69. Application submitted by Charles Woodcock, 1902 Aliak Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the following: • A complaint had been received related to supplies being stored in the right of way. • The applicant had been contacted by the city and was informed he needed to have a conditional use permit for the lawn care business. • The location currently held a home occupation permit for a day care. • The lawn care business had been operating at this location. for six years and was current with Borough sales tax. • The business caused minimal traffic. • The supplies were removed from the city right of way. • Administration recommended the permit be approved as submitted but any expansion of the business would require an amendment to the Conditional Use Permit. The floor was opened far public hearing. Randy Peck, 82II Shillelah, Kenai -- Stated his concern of noise after hours and requested the approval reflect operation could only take place during certain hours and suggested no later than 9:00 p.rn. A brief question and answer period took place during which it was noted morning activity at the business was not a problem, the location of the business was not unsightly, and the noise was produced mostly from filling the hydro-seeder which was being done during the evening hours. There being no one further wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve Resolution No. PZ08-32, a conditional use permit, with the incorporation of staff comments. Commissioner Brookman SECONDED the motion. Commission a brief discussion followed, noting noise concerns should be considered. PLANNING & ZONING COMMISSION JUNE 11, 2008 PAGE 3 MOTION TO AMEND: Commissioner Brookman MOVED to amend the motion to approve to include 7:00 a.m. to 9:00 p,m. Carnmission.er Rogers SECONDED the motion. SECONDARY MOTION: Commissioner Bryson MOVED to amend the Brookman motion to amend to allow operation of the lawn care business between 7:00 a.m, and 10:00 p.m., thereby limiting noise from commercial activities between 10:00 p.m, and 7:00 a.m. Commissioner Romain SECONDED the motion. VOTE ON SECONDARY AMENDMENT: Romain Yes We11s Yes 'Ibvait Yes B son Yes Ro ers Yes Brookrnan Yes Koester Yes MOTION PASSED UNANIMOUSLY. VOTE ON AMENDED (BROOKMAN) MOTION: Romain Yes We11s Yes 'I~vait Yes B son Yes Ro ers Yes Brookman Yes Koester Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Romain Yes Wells Yes 'I~vait Yes B son Yes Ro ers Yes Brookman Yes Koester Yes MOTION PASSED UNANIMOUSLY. Chair Twait noted the 15--day appeal period and that appeals be filed with the City Clerk. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion -~ An ordinance of the Council amending KMC 1.85.Ob0 and KMC 1.85.070 -Conflict of Interest. PLANNING 8s ZONING COMMISSION JUNE 11, 2008 PAGE 4 Kebschull referred to the draft ordinance included in the packet and requested comments from the commission. Comments included: • Subparagraph (b) of the first page could be problematic far an architect or surveyor. • Subparagraph (b} should give a person the opportunity to a chance to abstain or recuse. • Subparagraph (h} of the second page: who would track a former municipal officer, commissioner or employee who may not represent, advise, or assist a person for compensation, etc. (it was noted council could waive the application of the restriction}. ITEM 8: PENDING ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require durnpsters be screened on at Least three sides. ITEM 9• REPORTS 9-a. City Council -- Council Member Ross referred to the June 4, 2008 council meeting action agenda included in the packet and reviewed actions taken, including the passage of an ordinance to compensate the commission $100 a month. 9-b. Borough Planning -- Commissioner Bryson reviewed the agenda of the June 9, 2008 Borough Planning Commission and noted actions taken. 9-c. Administration -- Kebschull noted the following: • Forms needing the commission members to complete related to the ~ 100 a month compensation. • She would be working with the city attorney related to a code amendment for accessory structure setbacks. • Requested members insert the Comprehensive Plan Update into their plans. • She expected additional activity with regard to landscape/site plans. • Over the last several months, City administration had been planning for the upcoming dip net fishery. • The State courthouse received funding to lease the property next to it for a parking lot. The city would be developing the parking lot. ITEM 10: PERSONS PRESENT NUT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11-a. PZO8-33 -Landscape/Site Plan -City of Kenai -Public Safety Garage -- 3.09 South Willow Street. 11-b. PZOS-30 -Landscape/Site Plan -Rockwell Smith -Fed Ex Building -- 427 North Willow Street. 11-c. Zoning Bulletin (5/25/08) PLANNING & ZONING COMMISSION JUNE 11, 2008 PAGE 5 ITEM 12: COMMISSION COMMENTS & QUESTIONS Brookrnan -- Welcomed Kurt Rogers to the Commission. Koester -- Welcomed Rogers. We11s -- Welcomed Rogers. Rornain -- Welcomed Rogers and thanked the city for the meeting compensation. Bryson -- No comments. Rogers -- Noted he would be unable to attend the June 25 meeting. He vcras instructed to submit a note to Kebschull and request to be excused from the meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner Rornain MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting adjourned at approximately 7:55 p.m. Minutes submitted by: Carol L. Freas, City Clerk PLANNING 8v ZONING COMMISSION JUNE 11, 2008 PAGE 6 June 11, 2008 l~enai City Council Members 2.10 Fidalgo Sheet Kenai , AK 99G11 Dear Kenai City Council Members, 3~ ~.~.~~t,L~_ ~.~,~^~ . c1~6 ~~ J~~ rru,L~~J U ~~~~~~~ ~ENA~ ~ ~LEi~~ We live at 403 McCollum .Drive and axe currently having an unexpected and unpleasant battle that we would- like to bring to your attention in order to ask for your help and to encourage the Council to make a plan for this situation for our other Kenai residential neighborhoods. . Alaska Digital sig-red an agreement with the Kenai Grace Brethren Church to allow Alaska Digital to lease a portion of the church property in order to build axrd. sustain a 120 foot cell tower. We live directly across McCollum Drive from the church, and within 300 feet from the proposed cell tower site, We did not figure out what was being built until about the satr-e time the City of T~enai became aware of the tower as it was under construction and stopped the pracess as the appropriate permits had not been requested and granted. We are currently following and participating in the process as Alaska Digital lass requested a height allowance variance from the Kenai planning and zoning commission. The first variance request for 1.20 feet was denied at a meeting aver many of our neighbors and we testified. against the variance. Now, Alaska Digital has submitted a request fcsr variance on~an 80 foot tower, of which we are also not in favor of We platy to attend the next planning and zoning meeting on June 25 to again testify. This morning the pastor of Kenai Grace Brethren Church came anal. knocked an our door to let us ktaow that Alaska Digital was sending dawn equipment to run some tests to determine if it would he feasible to put in a 3 5 foot tower. The pastor again apologized to us saying the claureh no longer wanted to be involved with leasing their property to Alaska Digital but didn't know vahat else to do. The pastor, Al Kidder told us again that when the processes began, he told Alaska Digital, "You are the experts and. you know what needs to be done and what you are doing so you need to go door to door and explain it to the neighbors". I-l;e indscated that Alaska Digital agreed to take the responsibility before any eonstruotion began. He was shocked to find out that Wane of the neighbors had been informed until the planning acrd zoning hearing was scheduled. They want to be part of the community in a good way, net stirring up controversy. We fee! Alaska Digital has taken advantage of a church, by-not following the can•ect du.e pracess and not following through with informing the neighborhood of what they were doing until. they had ai.ready spent quite a bit of money on this site and don't want to back out of it. is there anything the City of Kenai can do to help remedy this situation? Also, with what we are experiencing we would like fa encourage tlxe City of Kenai to come up with a CeII Tower Moratorium. We are all for progress arad technology but what has and is.happening Lo us in the name of progress is not right. We believe there are appropriate places fax cell towers within the City of Kenai but bullying their way into residential neighborhoods is not fife way to establish this progress. It seems prudent that prospective cell phone tower sites can be predestinated whicly gees along with good smart plaru-~ing as well as Happy neighborhoods that don't have to fight bullyug.' Thaatk you far your time and attention to this matter. lh7e love living in this fair city and participating in its well being. Sincerely, Roy & Janine )/spy d03 McCollum Drive Ken.al, Alaska 996 ~ I 283-Sb21 2 STAFF REPORT To: Planning & Zoning Commission Date: June 2, 2008 ~~ Res:' PZ08-34 GENERAL INFORMATION Applicant: Rick Koch, City Manager 283-7535 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone -- Conservation to Light Industrial Legal Description: Lot 4, FBO Sub No 7 & Lot 5, FBO Sub No. 8 -See Attachment B Street Address: 525 & 535 North Willow Street KPB Parcel No.: 04336040 & 04336043 Existing Zoning: Split {Light Industrial & Conservation} & Conservation Current Land Use: Forestry Lease & Vacant Land Use Plan: Airport Industrial &Airport-Dependent Development District ANALYSIS Genera] Information: This is an application by the City of Kenai to rezone two airport parcels from split zone {Light ]ndustrial & Conservation} and Conservation to Light Industrial. Lot 4 is leased by the Forestry Department and Lot 5 is vacant. These parcels are located between North Willow Street and the taxiway. During a recent review of the Forestry lease, uses were questioned as related to the Light Industrial zoning. It was noted that not all uses are compatible with the Conservation zone. Ta eliminate the split- zone situation and to insure the zoning is compatible with future uses, the City is applying to rezone these parcels. During development of the Airport Supplemental Plan, the City's procedures for leasing airport lands were discussed. One of those issues dealt with zoning and that properties zoned Conservation could restrict development. The Land Use Table in Chapter 14 of the Kenai Municipal Code was amended to allow FAA authorized uses for properties inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways, or parking aprons. This amendment was ashort- term solution for properties abutting those areas noted above. The 2003 Comprehensive Plan also identified issues with the zoning of airport lands 0834 Comment.doc Page 2 and recommended a revision of zoning of airport properties to comply with future expected uses. (Implementation Measure -Policy AP3 -Page 58) KMC 14.20.270 describes amendment procedures. The proposed rezone encompasses approximately 5.5 acres and enlarges an adjacent boundary meeting the requirements for an amendment to the official zoning map. Public Worics Director: Na comment. Building Official: No building code issues. RECOMMENDATIONS The City of Kenai is applying to rezone approximately 5.5 acres of airport land located between North Willow Street and the taxiway. One of these parcels is split-zoned and the rezone will eliminate this situation. The rezone from Conservation to Light Industrial is typically done as follow-up to the subdivision. It is unclear why this rezone was not processed. The rezone will provide for uses consistent with airport Uses and the area, The Supplemental Airport Master Plan and the 2003 Comprehensive Plan bath recommend rezoning airport lands to meet the future needs of the airport. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ08-34 2. Application 3. Map ~~~,~~'~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-34 the c+~ o f REZONE PERMIT NENA~ &I[A A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch Cit Mana er Cit of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai, AK 99611 .__ LEGAL: Lot 4 FBO Sub. No 7 & Lot S FBO Sub No, S PARCEL #: 04336040 & 04336043 WHEREAS, the Commission finds the following; 1. The subject properties are currently zoned Split LConservation & Light IndustrialL& Conservation 2. The present land use plan designation is Airport Industrial &Airport-Dependent „ .,.___._- Development District ,,,.,.._,.. 3. The proposed zoning district is IL - Li h~ustrial , ....__. 4. An appropriate public hearing as required was conducted June 25 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Lot 4, FBO Sub. No 7 & Lot S, FBO Sub No. 8 as shown on Attachment B is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 200$. CHAIRPERSON: ATTEST: ,~\ . ~-~~N -_ -- ~~ t~?C G4~/ U f /~ KENAI~ SKA "~/iC~a e wit~t a Past, Gi wit1~ a ~r~tr~re" .9' ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 9 t (~IIc . ~G "eC~~~e~ 1992 ?0~~ REZONING APPLICATION PETITIONER Rick Koch, Ci Mana ex, Cit of Kenai ADDRESS 210 Fidal o Avenue, Kenai, AK 99611 PHONE . 907-283-7535 LEGAL DESCRIPTION See Attachment B PRESENT ZONE Conservation & Li ht Industrial PROPOSED ZONE Li ht Industrial Intended Use and/or Reason for Rezoning: To xezone airport properties to allow for ai orl uses consistent with the Ai ort Su lemental Master Plan the Li ht Industrial zone and to eliminate a split zone situation. „,,..,.__ Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO 1NDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. ~• 1. Amendments to the Kenai Zoning Code and Official Map may be initiated by; Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty {50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. Amendments to the Official Zoning Map shall be considered only if the axea to be rezoned contains a minimum of one {1) acre (excluding street ox alley right-of--way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. _NIA A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable depositladvertising and administrative services fee is required to cover these notification casts. Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~ A proposed amendment to the zoning ordinance which is substantially the same as any other prapased amendment submitted within the previous nine {9) months and which was not approved shall not be considered. Petitioner' Signature ~~.~~~: ATTEST REZONING CHECKLIST: X - a. MAP X b. SIGNATURES N/A`_ c. DEPOSIT/ADVERTISING FEE ($146} X d. APPLICATION FORM OR LETTER X e. AFFIDAVIT OF POSTING ~e~~a~r~~ i~ i STAFF REPQRT To: Planning & Zoning Commission Date; June 2, zaa8 Res; PZ08-35 GENERAL INFORMATION Applicant: Rick Koch, City Manager 283-7535 City of Kenai 290 F'idalgo Avenue Kenai, AK 99611 Requested Action: Rezone -Conservation to Light Industrial Legal Description: Tract A, Gusty SD # 3, Tract B, Gusty SD #6 & Tract C- 1, Gusty SD #7 -See Attachment B Street Address: 410 Coral Street, 420 Coral Street, & 400 Coral Street KPB Parcel No,: 04327021, 04327035, & 04327034 Existing Zoning: Conservation Current Land Use: Storage Yard & Vacant Land Use Plan: Airport Industrial ANALYSIS General Information: This is an application by the City of Kenai to rezone three airport parcels from Conservation to Light ]ndustrial. Tract B is leased by James H. Doyle dlbla Weaver Brothers, Inc. Tract A and C-1 are vacant. These parcels are located an the south end of the airport off Coral Street. During a recent review of the Weaver Brothers lease, it was discovered that the lots were zoned Conservation. Under the Land Use Table, the lease would not be a permitted use. This lease dates to the early 1980s. it appears the original lease was approved as parking which is a permitted use in the Conservation zone, The City is requesting the rezone to insure the zoning is compatible with future airport uses. During development of the Airport Supplemental Plan, the City's procedures for leasing airport lands were discussed. One of those issues dealt with zoning and that properties zoned Conservation could restrict development. The Plan recommended rezoning properties to zoning compatible with airport uses, The 2003 Comprehensive Plan also identified issues with the zoning of airport lands and recommended a revision of zoning of airport properties to comply with future expected uses. (Implementation Measure -Policy AP3 -Page 58) 0835 Comment.doc Page 2 KMC 94.20.270 describes amendment procedures. The proposed rezone encompasses approximately 3.66 acres and enlarges an adjacent boundary meeting the requirements far an amendment to the official zoning map. Public Works Director: No comment. Building Official: No building code issues. RECOMMENDATIONS The City of Kenai is applying to rezone approximately 3.66 acres of airport land located at the south end of the airport off Coral Street. The rezone will eliminate a non-conforming use for along-standing lease and provide for uses consistent with airport uses and the area. The Supplemental Airport Master Pian and the 2003 Comprehensive Plan both recommend rezoning airport lands to meet the future needs of the airport. Recommend approval. ATTACHMENTS: 9. Resolution No. PZ08-35 2. Application 3. Map ~•~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-35 Eheca~of REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch. City Manager. City of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai, AK 99611 LEGAL: Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No 7 PARCEL #: 04327021 04327035 & 04327034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Airport Industrial 3. The proposed zoning district is IL - Light Industrial 4. An appropriate public hearing as required was conducted rune 25, 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 as shown on Attachment B is hereby recommended io the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2008. CHAIRPERSON: ATTEST: uv .~.. "~/i~la e wit~t a Past, Gi wit~t a Fr~tr~~e" ~~~'y,~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~, Telephone: 907-283-75351 FAX: 907-283-3014 ~ - ~ ~~ ~~~~ _;_ 9ec~~. ~fi ,99z tl~e city u f Jl/r~ ~'~Q,Z NEHAI~ SKA ~ ~~o ~ a® ,, REZONING APPLICATION ~~~hn ~,_ PETITIONER Rick Koch, Ci Mana er, Cit of Kenai ADDRESS 210 Fidal o Avenue, Kenai, AK 99611 PHONE 947-283-7S3S LEGAL DESCRIPTION See Attachment B PRESENT ZONE Conservation PROPOSED ZONE Light Industrial Intended Use andlor Reason for Rezoning. To rezone ai ort ro erties to allow for airport uses consistent with the Airport„Supplemental Master Plan and the Light.,Industrial Section 1 x.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council;- Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; ox, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ~~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of--way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. _NIA A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification casts. Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature ATTEST REZONING CHECKLIST; X_ a. MAP X b. SIGNATURES N_ IA_ c. DEPOSIT/ADVERTISING FEE ($106) X d. APPLICATION FORM OR LETTER X e. AFFIDAVIT OF POSTING L.fe~ori1~ ~ : ~ :~~.,r~ ~..... ^_ ~ ,~...~:..,~~_. 1, ,h...,~~.m~ _ ] ~~.~~.,~.... ~. . ~....... E Y•':~ twYA'nxw'.ti. ~ E Rw~'Pert~,W re:• we•c.1e/~e•?9~ ~.W .....'1 •..,. fj~~~L rr ~cvRxv vaNiv:~~ngw5''R ~ +~: W.Y4 GENERAL INFORMATION Applicant: Alaska Digitel 907-222-9231 3127 Commercial Drive Anchorage, AK 99501 Requested Action: Variance -- Development Requirements Table - Maximum Height Lega! Description: Lot 1A, Grace Brethren Replat Street Address: 406 McCollum Drive KPB Parcel No.: 04511033 Existing Zoning: RR -Rural Residential Current Land Use: Church Land Use Plan: Neighborhood Residential ANALYSIS General Information: This is an application for a variance from the maximum height allowance to accommodate a cell tower. This is the second variance application for a cell tower for this site. The first application was heard by the Commission on May 14, 2008. Attached to this report is a copy of the staff comments, application, and excerpt of the minutes from the May 14, 2008 meeting. The original request was fora 120-foot high tower, a height variance of 85 feet. That application was denied. The applicant has revised their request and is now requesting #o build an 80-foot high tower which requires a height variance of 45- feet. 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 revised request does not alter the original review of the conditions as required in KMC 14.20.180. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 0836 Convnent.dac Page 2 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. !t does not appear there are special conditions or circumstances present for this parse! or structure. 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. It appears that the variance is being requested because Alaska Digitel chose this site for the tower thus being caused by fhe applicant. If a site were chosen in a commercial or industrial zone, height restrictions would be based on fhe building code or airport height restrictions and should not be an issue for an 80-foot strucfure. 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. Radio/TV Transmitfers1Ce11 Sites are permitted within the Rural Residential zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. This property is zoned Rural Residenfial. The infenf of the zone is fo provide for !ow density residential development. The code goes on to state that uses which violate the residential character of the environment should be prohibited. Allowing a 45-foot height variance does not seem a minimum variance for fhe zone. 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. This variance is not based on other non-conforming land uses or structures within fhe zone. Public Works Manager: No comment. Building Official: No building code issues. RECOMMENDATIONS This is the second request from Alaska Digitel to build a cell tower at this location. The original application for an 85-foot height variance was denied. The request now is fora 45-foot height variance. The applicant has modified their request to try to provide cellular service while being cognizant of the concerns voiced at the original hearing. Specifically, the height of the tower has been reduced by one-third and the tower will be painted. The tower will extend 2Q-feet above the cluster of trees; the part of the tower that is above the trees will be the smaller, tapered portion. 0836 Comment.doc Page 3 Even with the modifications of the application and the reduced height variance request, it does not appear that the proposed variance meets the criteria for a variance listed in KMC 14.20,180 nor the inten# of the Rural Residential zone listed in KMC 14.20.080. Recommend denial. If the Commission approves the permit, recommend the permit contingent on meeting the following requirement: 1. Submit a landscapelsite plan for the proposed development as required in KMC 14.25. ATTACHMENTS. • Resolution No. PZ08-36 • Application with Attachments • Staff Comments, Application & Minutes from 5114108 Meeting :' ~~ CITY OF KENAI __ _-_j _ ~` PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-26 tlre~cr'tyof VARIANCE PERMIT N#HAv 5NA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14,20.180 OF THE KENAI ZONING CODE: NAME: ALASKA DIGITEL LOCATED 406 Mc Collum Drive -Lot lA Grace Brethren Re lat (Street AddresslLegal Description} 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: June 4 2008 2. This request is located on land zoned: RR -Rural Residential 3. Kenai Peninsula Borough Parcel No: 04511033 4. That the applicant seeks a variance from the specified requirement of the zoning code: KMC 14.24.020 Development Requirements Table (Height Variance of 45 feetZ& KMC 14.20.080 Rural Residential Zone 5. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are nat applicable to other lands ar structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e, The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district, 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: June 25, 2008 _ 7, Applicant must comply with all Federal, State, and local regulations. 8. Permit contingent on: • Submit alandscape/site plan for the proposed development as required in KMC 14.25. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2008. CHAIRPERSON: ATTEST: ~g~~~ "I/i~~a e LUt~f~ ~ PaSt Gt uJt~~t Gr ~GGtI~~'e ~~ J r»~ ~ 210 Fidalga Avei7tte, Kenai, Alaska 99611-7794 ,~ -~ "'~"~ ` ' ~,~ Telephone; 907288-7635 /FAX: 907-283-8014 l C ~ P ~ ~ K~NAly ASf[A ,1Uy ~ ZOpg ~ ~ 6 DATE: ~~.~` ~~" a~ ~r7jr? ~e ~. APPLICATION FOR VARIANCE PERMI'1 NAME: ~\~~~ ~~~~ ~.~~\,~. PHONE. `1 ~ q ~. MAILING ADDRESS: _ `~~'~`'~ ~e~~~Q~e e ~a~ ~- fi .s ~~~~~~~~ ~~~ C't~i~jt~0 STREET ADDRESS: __~~~_ ~~~~_.~~~~~ a LEGAL DESCRIPTION: ___ _'~ ~,- ~ ~ ~~~~~~~~!,~ ~~; , ~~ ~ KPB PARCEL NUMBER: 1~~~i ~, 0 °~ ~ PROPERTY ZONING: ~~ ~ _.. I AM REQUI?STING A VARIANCE FROM {State section of Kenai Municipal Code): ~: ~: K ~:~~: Section I4.20.f 80 of the Kenai Municipal code outlines regulatiozas for Variance Permits which is the relaxation of the Developnnent Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real piaperty: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE TIIAT YOU )GAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ Provide a site plan of the property including location of all existing aid proposed buildings or alterations, elevations of such buildings ar alterations, and such data as may be required 2. ~ A Public Notification and hearing is required before the issuance of this pernnit. A $].05.00 non-refundable depositladvertisingfee isrequired to / covet these notification costs. (Please see attached procedure sheet.) 3. / You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office t-uo weeks paxor. to the scheduled public hearing. ]`.f this affidavit is not filed, the hearing wili.not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance pernxit: • Special conditions or circurrrstances are present which are peculiar to the land aa- structures involved which are not applicable to other sands or structures i.n the same zoning district. • The special conditions or ctrcumstances have nat been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or incanvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the rninizxautn variance that will provide for the reasonable use of the land andlor structure. • -The granting of a variance shall not be based upon other nnn-conforming land uses or structures within the same land use or zoning district. AD17lTfCNAL COMMENTS; A.pp~lcaxxt's ~`~-® ~ ~~~ m ~~~ Additional Comments Alaska DigiTel (Grace Brethren) Request for Variance June 3, 200$ Alaska DigiTel submits the following for consideration: • 14.20.180 Variance permits. (a) latent. A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. Provisions of reference: • 14.24.020 General requirements. • 14.20.080 Rural Residential Zones (RR, RR-1 Zones}. Alaska DigiTel (property owner; Grace Brethren Church of Kenai), respectfully requests relief as provided in KMC 14.20.220 (a)(9) and prescribed in KMC 14.20.180. AKD regards the following to exist as a prerequisite for the issuance of a variance permit: a. Special conditions ar circumstances present, which are peculiar to the land and/or structure; / That the permitted allowance of radio/TV transmitters/cell sites within Rural Residential zone, but not to exceed 35', arbitrarily constitutes a peculiarity or special condition. This in turn creates an egregious and compromising circumstance, wherein such facilities cannot operate and function at such stipulated height. b. The granting of the variance shall not authorize a use that is not a permitted use of the land or structure; / radio/TV transmitters/cell sites are permitted within Rurai Residential zone c. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure; / Alaska DigiTel is seeking to place an eighty foot (80') wireless communications (single pole) tower upon the property. The specific issue of anal sis in the consideration for granting of the variance is that which is explicitly extended beyond the 3 S' height. That the 4S' extension beyond the 3S' restriction will suffice the minimum signal strength needed to provide quality signal, but is reasonably perceived, that the proximity to the traffic flows of the Spur Highway, traffic lights, street lights, the Church's steeple and the longstanding outward appearance and associated traffic activity of the Church, appears not to compromise the integrity of the specific area and that of the zoning. / Alaska DigiTel is proposing a brown colored, tapered single pole {steel mono) tower. / The measured height {average) of the cluster of trees, in which the tower will reside, is approximately 60'. The smaller tapered portion of the brown tower wi11 extend 20' beyond the tree tops. / Two soft glow sodium Iights will be affixed to the tower, at a height not to exceed 40', which will provide security & illumination for the Church's parking lot. This will eliminate the Church's existing light post and lights. M~A~' S~g AAT~ GRAPHIC. SCALE ~~.~~ siec>~n ~nairn ~ 9p~ 00'.00" yyt ion o so ~~aa aoo SE'f SRIfCE .. ... ..... ~ - o .N07E~, ~ ~: INCH ~ i00 F`~~-~' ... .. j, ALL B~~RIElGS. D3STi4NCE•S FIND AREAS, ~FIl31~fiJ ARE RECbRiZ, L3NLESS NO~D~ gTHERiJ1SE, ~. ~NO T1Ti:E REF'QiZT '1JAS PRi71/.XIJ~ff F'i]~-_ TI:II,~~ PRl7.lECj., ~'~ .~S 7hIE, RESP~NS~~$IL~7Y 'LIF '7NE. EIW~ER '~'0 ~T1~7'ERM~N.~ 'i'N~ ~ ~XI3~TEf~~~. [~F' •i~NY ~A'$EN~~.~'.a''`F cQ~l i~ANTs.. ~[~z" ~~~TRY~-r.zaNs. 1,/IiICH. ,11CI .NL1T" APRE,AF2 ~Qhl 'f FIE .f~ECC1R~iED SliHtlY~VtSIQN PE; A'F. - 3. LEi4S.E AREA CEN7ERF L-AT. N f~fl`'~3'56' ,, ~.pk+IG: W- 151'i2'12r (t+lADQ~) ~.EVArIf~7N 91 FEET (N VI~~B> ' .cat y ~ I_a~ ~ ~. . ~ su~z~ sued; . ~!. ~' ~~ .~~ .~~ ~, , ~ - . -. ~. ~ LOT ~ =--A~ ~~ .., ,f~s ~89~59f 48" ~~ ' . - 33:00 33'' I ON6 5~of~Y CitJ1LC?lNty ~ ~ ~ ~ci:.~ka~:.~' . ~; 'DNS STORY'. tslliCip(tJC~ ~: ~• ~ : !: AL.AS1Cik ~(~T~ 1~JkSEARE/4 :~ is . ~...~.. _ .W . ~ :~;. . ~~ ,~. ~~. r 0 ~~.~, uir+ •~ - ` .~ 4. ~ \., ...... . _ ~ ~ pi,Ar, lip. ~9""2~ iQ~ _ ~~. Na,2" .~ ~~K~ ~15~~ cs m ~ . Gou. ~io~ ~~~~ ~• y ~~ .~.. ~~~~~ +. ~? . ~ ~~v~. ~~~tA zone uec ~ ~~ , 'SAT' ~#'~,: cam' -~ • ;~.:~tidaq;:,iot~liti=,V{ .. ~ ' , ~:: ... cam, .~• pRlf +>r.~mynrr .~.~~~~ .Q7'-Qf,06~ i~7~t~Fi '17 sale: '6p~ :afaw:: ~I .s~cna~~rA;~nisriucr 1' = l4U? TsNDRA. i"LN .\ ,~ ~S STAFF REPORT To; Punning & Zoning Commission Date; May 1, 2008 Res: PZ08-26 GENERAL. INFORMATI®N Applicant: Alaska Digitel 907-227-5609 33 27 Commercial Drive Anchorage, AK 99501 Requested Action: Variance -- Development Requirements Table - Maximum Height Legal ®escription: Lot 1A, Grace Brethren Replat Street Address: 406 McCollum Drive KPB Parcel No.; 04511033 Existing Zoning: RR -~ Rural Residential Current Land Use: Church Land Use Plan: Neighborhood Residential ANALYSIS General Information: This is an application for a variance from the maximum height allowance to accommodate a cell tower. The applicant is proposing to build a 120-foot high cell tower on the corner of this property. Grace Brethren Church owns the property. Alaska Digitel is leasing a 25'X30' (approximately 750 square foot) section of the land from the Church for this tower site. The property is located in the Rural Residentiai zone. Within that zone, there is a height restriction of 35 feet. The applicant is seeking a height variance of approximately 85 feet to accommodate this tower. 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 fallowing 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. !f does not appear there are special conditions or circumstances present for fhis parcel ' 0826 Comment.doc Page 2 ar sfructure. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances da not merely constitute a pecuniary hardship or inconvenience. !t appears fhaf the variance is being requesfed because Alaska Digitel chose this life for fhe tower thus being caused by fhe applicanf. If a site were chosen in a commercial or industrial zone, heighf restrictions would be based on the building code or airport height restrictions and should not be an issue fora 920-foot structure. 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. Radio/TV Transmitters/Cell Sites are permitted within the Rural Residentia! zone. 4. The granting of a variance shall be the minimum variance that wi!! provide for the reasonable use of the land and/or structure. This property is zoned Rural Residential. The intent of the zone is fo provide for low-density residential development. The code goes on to state that uses which violafe the residential character of fhe environment should be prohibited. Allowing an 85-foot height variance does not seem minimum for the zone. 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 dis#rict. This variance is not based on othernon-conforming land uses or structures within the zone. During the search for a cell site, Alaska Digitel representatives contacted the City of Kenai. Information was provided an zoning and land use restrictions for properties in the City. Alaska Digitel was encouraged to select a site that was zoned commercial or industrial so that their development would not require special zoning permits. Because this property is the location for the Grace Brethren Church, the zoning may not have been obvious. Church developments are generally more commercial in nature. The parcel is located on the corner of McCollum Drive and the Kenai Spur Highway. The lease site is located on the corner of the church parking lot on the south side of the property -north of the Kenai Spur Highway right-of-way. An asbuilt has been provided showing the site location. The majority of the property in this area has been cleared for a parking lot. There are a few large spruce trees in this area. There is a plan to fence the site with an 8-foot high fence; however, due to the height of the tower the screening provided will be minimal at best, To give some perspective to the height of this tower, the State of Alaska street lights an the Kenai Spur Highway range between 39 and 44 feet in height from finished grade. During the application interview, Alaska Digite! advised that the Church has requested that lights be placed on the tower to provide lighting for their site. The 0826 Comm.ent.doc Page 3 plan is to place the lights approximately 70-feet high. Alaska pigitel seemed confidant that the lighting would not adversely affect neighboring properties, City Engineer: Not available to comment. Building Official: No building code issues. REC®MMEN®ATI®NS This is an application for an approximately 85-foot height variance for a parcel located in a Rural Residential zone. The intent is to place a120-foot high cell tower. The lacatian and height of the proposed tower make it impossible to screen the tower from view. It does not appear that the proposed variance meets the criteria for a variance listed in KMC 14.20.180 nor the intent of the Rural Residential zone listed in KMC 14.20,080. Recommend denial If the Commission approves -the permit, recommend the permit cantingent on meeting the following requirements: '! . Receive an Airspace Permit from the Federal Aviation Administration and provide the City of Kenai with a copy of the permit. 2. Meet any requirements listed in the Airspace Permit. 3. Submit a landscape/site plan for the proposed development as required in KMC 14.25. 4. Proposed lighting on the tower must be directed down to the parking lot surface and use environmentally sensitive lights. Height of lights must be limited to no higher than the adjacent State of Alaska street lights. e4l'T'ACMMEIVTS: 1. Resolution No. PZ08-26 2. Application 3. Drawings ~~i'~., CITY OF KENAI PLANNING AND ZONING COMMISSION ~~~ "~'° RESOLUTION NO. PZ08-26 `tlrect'lyof` VARIANCE PERMIT I{EHAI, ALASKA ~v~ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: ALASKA DIGITEL LOCATED 406 Mc ColIum Drive--Lot lA, Grace Brethren Replat ,,____._ ,, .,,_._ _ (Street Address/Legal Description) WHEREAS, The Cormission 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: April 23, 2008 2. This request is located on land zoned: RR -- Rural Residential 3. Kenai Peninsula Borough Parcel No: 04511033 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMG 14.24.020 Deveio meat Re uirements Table &KMC 14.20.080 Rural Residential Zone 5. 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 land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located, d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land andlor structure, e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: Mav 14. 2008 7. Applicant must cozraply with all Federal, State, and local regulations 8. Permit contingent on meeting requirements listed on Page 2. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION O1F THE CITY Off' KENAI, ALASKA, MAY iq, 2008. CHAIRPERSON: ATTEST: 4826 Res.doc Page 2 1. Receive an Airspace Permit from the Federal Aviation Administration and provide the City of Kenai with a copy of the permit. 2. Meet any requirements listed in the Airspace Permit. 3. Submit a landscapelsite plan for the proposed development as required in KMC 94.25. 4. Proposed lighting on the tower must be directed down to the parking lot surface and use environmentally sensitive lights. Height of lights must be limited to no higher than the adjacent State of Alaska street lights. "~/cfja e t~uc`t~t a Past, Gc` r~c't~t a ~"~tr~~°e'~ •, 21 Q hidalgo Avenue, Kenai, Alaska 996 1-7794 -~ ~"~'~ ~• .,~ Telephone: 987-283-7~3~ / SAX: 907283-30~ 4 ~ C ~ ~ ~ ~ ~.r., ~ _ . 1992 ~~NA~, AlASH~A ~~ce~~,® DATE: _ ! ~6~ ~ 0 APP~~IfCA.TZUN FOR. VARIANCE PIrJR.MI'I' ~aJe.ga.l~er~ 7 NAME: ~ ~ it ~ PHnNE; ~~~~ ~~/'~ ~v ~~ MAILING ADDRESS : ~ 3/~ ,~~r9 v~+nn e J` C~~ 4 ~ ~ ~. , STREET ADDRESS: 3/ e~ ~ __ ~l,~rvv~_y!~!__e r1 ~~ ~. ~ ~ ~ . __.~_ LEGAL DESCRI.I'TION: IIr/ SPA ~~T ~~•4 r ! i ~ ~` C~~ r 4~e ~r-t.l ~ ~ ~ i~~ ~ lea -~ ~~ ~o~ /-~ I~PB PARCEL NUMBER; ~ y .5-// 0 3 3 PROPERTY ZONING: ~~ ` ~ ~ Aivl REQIJFSTING A VARIANCE PROM (Scale seetio~l of Kenai Municipal Code): 1 y ~ ~/ oho ,.~~-<~ ~~ ~ ~~~.,.,~..~.~.~.~.~~~ r ~~.~Y~~ ~~ ~,~e ~-S ~ ~, ~ ~ ) J y • 2b • o s3'v uI'c., l cv~ ~`, ~ ~ Zan c :k x :k :$ ~1c Section 14,20.I80 of the Kenai Municipal code outlines regulations fog' Variance Perr~-~its which is the relaxation of the Developtxaent Requirements Table to provide relief when the literal enforcement would deprive a property owner of t11e .reasonaUle use of leis real property: PLEASE R.EA~ THE FOLLO~VICN~, COMPLETE THE ~3LANJKS Al`lD :IN~T~AL TT~~', SPACE AIC+"I' <}R THE IITF;I~ NU1Vl'BE>C~ TO XNDI<CATE THAT YOU Ht±~VE READ AMID UNDE:~STAND THrS)E CONDYTII{)NS. Provide a site p]an of the property i.ueludixlg location of all existing artd proposed buildings oz• alterations, elevatr.ons of siich buildings or alteratio~~s, and such data as znay be required. 2. ~_`~ A Public Notification and hearing is rcqui-red before the issuance of this pea•rnit. A $I05.00 non-refundable deposit/advertisiaag fee is a•equia~ed to cover these notification costs, (l~lcase see attached procedure sheet.) 3. '! You are required to past the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public Hearing. Zf this affidavit is not filed, the hearing will.not be scheduled. To approve the requested vaa.~iance, the Corrnnission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a var'iazace perar~it: ~ special conditions or circumstances are present which are peculiar to the land or structures involved wl7ich arc, not applicable to other lands or structures i.n the same zoning district. `T'he special conditions or ci.rcurnstances have not Been caused by actions of the applicant acrd such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. ® Tlae granting of the variance shall not authot•ize a use that is n.ot a permitted principal use in. the zoning distz~et in whicH fhe property is located. ® The granting of a variance shall be the rninin~auan variance that will. provide f'or the reasonable use of the land andlrn~ structure. '1~l3e granting of a variance shall not be based upon other non-conforming land uses or structures withita the sage land use or zoning district. ADDI'f`IONAL COMMENTS: ~__~ Apl.~licant`s ~lg~~a.ture. u '~~9~ _ , ~~ ~ ~ ~~ LE--------~- .. G~RAPHI~. St<.~.GE MEASURED DATA 12,5' REC[]RD ~1)A;A ~ ~Q'QU`~~'~. ~ IUQ 0 56 `'100 QUO SE7 SRfKC ~~~ o i. ALL SE~AI2~ING~, ~1IS'TFINCES AfiE1i ARE`A~S, SNCIWN ARE Rf"C~fRD. ~N~~SS Ni~'f`Ell~ 1]THERIJ~SE, 2. ~t~fLl 77~L1" R~POR7 '1~A~ PRCl1/.TIl~.~Y ~C~R. 7HI~~ #.'R[3JtrGt., ~.7 .IS 71~E. ICE=SR1a.N~I~I~,.TT1(~ ~©F THE OWNER ~~ ~~1~TERMX~±t~ 'TNT ".~XYSTE{V~~. C!F' ~A~Y EACEt4~~~~~ ~il~i'~IVA~PI;CS., ~LlR. R1=,S.~RIGTIpI~S. 4/HICH. ~D .Ni~7~ +4F'Pl~Ai~ ~~IN• 'fNE~ .R~~GQR;UEp St1~17I.V~tS~IQt~ PC:A7. 3. 1_.EASE AREA CEN7ERi L:A7, N 60'33'56' ., i.~N~: W 15f°f2.'12!' (NAD$3) J"1_EVA~1pN '~1 FEET CiV VD~B) .irar ~ ~ ~.o~ z ~. ~. F~: ~~ .~ ~~. ~Q: ~~ .{ ~, ~~:~ ~~ "'~ .r`S ~~9"59°~" .. ~~e®~' 52,3'X124,3' 53~' C71V~ 'S~L~Y ~FSUILi~?1l!ICCti ~~ ~`~ Zn:3'xa.4:.3' ~. •'O1~ STAY ~~ ~BVt1:~7lNC7 !: ~~. ~ ~:. 1~r45E AEA: , ~s~xao~` 750 Sq,~t, ~ • I ~.~... [n3,`7 ~, ~...«. A ~~• ~~~. -r ~~ ~: - . ~~; -~.~ d :~°a; `~~ o ~yy o. ~sN p /y p ~.o~ No.2. ~t~l~. -E,O~' ~ 8~~ ~D p. ~~ ~~~~~ e. ~~~~~~~~ ~l 1 ~~~~, ~~~ ~~~~~~ ~~~~~r~~. ~~1d~IRIi r~inanr~ ~.~~ 9~~~0 ~ ~: K~NAI ,•~nr~r~~ns~'uisr~tcr i` ~ ~~ ~~ .~- .zaoa TAN I ~ Keep talking A~a~ka^ -. May 7, 2008 Kenai City Planning & Zoning Commission Marilyn Kebscull, AICP, City Planner Re, •14.20.180 Variance permits. (a) Intent. A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. •14.20.080 Rural Residential Zones (RR, RR-~ Zones). X14.24.020 General requirements. Honorable Planning Commission Introduction: Alaska DigiTel began pzoviding CDMA wireless communication service in the state of Alaska in November of 1998. Alaska DigiTel provides 100% digital service in Greater Anchorage, the Mat-Su Valley, Juneau and Kenai. The company's fundamental goal is to provide customers with the best in wireless communications and personalized customer service. We live, wozk, and play in the communities we serve. We are constantly increasing ouz covezage area in the state of Alaska and adding new services for our customers, such as EV-DO, hi h-s eed di ital data service using the CDMA technology. EV-DO works on EV-DO cell phones as well as laptops and portable devices that have EV-DO moderns. We cazzy a wide range of phones and acccssozies in each of our stores and offer the best in customer service (According to fhe Federal Communications Commission OET Bullefin 65, Edifion 97-09 pages 73:}. Salient Information & Considerations: Alaska DigiTel (AKD) entezed into a mutually considerate dialogue and propezty lease agreement with the Grace Brethren Church of Kenai, for the purpose of constructing, operating and maintaining its communications facilities. A 'f 20' mono-pole (self supporting) communications tower, antennas (6, panel type} and equipment cabinets, surrounded by an 8' cedar fence, will consist of the facility to be constructed. Although there exists probable sites within certain proximity to this site location and they being of commercial use and zone, it bodes well to be able to, not only provide optimum services to the City of Kenai and surrounding area, but to provide the remuneration far the site location, to an expansive number of local residents The specific site location, postures it's self as an optimum location for a variety of reasons, such as: .Optimum RF coverage benefiting the general Kenai Ci#y proper and adjacent areas, as illustrated by the RF Map. .With the inrzpending Kenai Peninsula Borough 911 Phase II service upgrade, the tower will be in an exceptional position to feed emergency services vital data on location of any and all occurrences. .April 23, 20Q8 FAA aeronautical study, revealed that the proposed tower & antennas do not exceed obstruction standards do not pose a hazard to air navigation. .Health safety concerns should be alleviated by virtue of the following Federal Communications Commission OET Bulletin 65, E=dition 97-01 pages 13; "...out of an abundance of caution, the FCC requires fhaf fower-mounted insfallafions be evaluated if antennas are mounfed lower than 10 meters (32.89 feet) above ground and the Total power of al! channels being used is over ? 000 Watfs effecfive radiated power..." "Far antennas mounted higher than 90 mefers(32.89 feet), measurement data for cellular facilities have indicated that ground- level power densities are typically hundreds to flousands of Times below the new MPE (Maximum Permissible Exposure) limits." The specific site location, postures it's self as a practicable and reasonable location far a variety of reasons, such as: .The appearance of ostensible compatibility to the immediate vicinity, as illustrated in accompanying pictures of the Kenai Spur Highway & Mccullum Dr. •AKD gave consideration for locating at or near the rear of the Church property, but according to future developrrient plans, as indicated by the Church, this would not be feasible. .That there exists within the City limits {with one being near by), two similar communication mono towers . .Trees in close proximity will offer reasonable obscurement to the first, approximately 60', of tower height. .Two soft glow sodium lights will be affixed to the tower, at a height not to exceed 40', which will provide security & illumination For the Church's parking lot. This will eliminate the Church's existing fight post and lights. .Currently, the subject property is exempt from property tax as religious (AS 29.45.030 (c) (3), subsequent to the construction and operation of the communication facility, there shall be taxable value added to the Kenai Peninsula Borough and City of Kenai tax roles and payable by the lease con#ract provisions. Also, there may be sales tax revenues, payable by the lease con#ract provisions. Summary Alaska DigiTel (and on behalf of the property owner; Grace Brethren Church of Kenai), respectfully reduests relief as provided in KMC 14.20.220 (a)(9) and prescribed in KMC 14.20.180. AKD regards the following to exist as a prerequisite for the issuance of a variance permit: .That the construction and presence of a communication tower and associated facility is permitted and that the extent of tower structure exceeding 35' represents a special condition and circumstance which is peculiar to tlae land and structure. .That the construction and presence of a communication tower and associated facility would be a reasonable use of the land. 'T'hank you for your consideration. ~O a~ U L LL m a Y ro r-i ~ ce }.- ~ i xy Cd l11 U CJ :;: c5 , ~~ t~ h ro ~ ~~ ~ w; ~ ~ ( m b ~ J o i ~ fn r~, CS t41 ~ Q ~ ~~ ~Y M-- u Q 4 ~: a ~ ~. ~ ~~~ ~r ,t ~ ~ ~ ~~ ~~ ~~ ~ ~ n ~ t.~ ° ~ ~ o ~ $ i o ~+ ~i M H` m y~ ~: m .o d "' G ~ ~ t~ ~ ~ ~ ~ ~ ~ un t~ ~~ ~ ° ~" m m ~~ ~I ~ ~ '~ ~~ I ~ -~ ~ ' ~'i ~~~ ro ro ro' ~ r~. ~`" °~ ~ ~ • ~ ~ 'C .~, c~_ r ~" I , 1 - ~ ~ ~ _ ~ - 'its sawar -<..^,° .... !,`~(~I i- 7 ~ - ~ I ~ y6 ~ H ~, - :. I a ~ 3 ! 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DATE: May 14, 2008 TO: City of Kenai Planning and Zoning Commission Attn: Marilyn Kebscull, AICP, City Planner FROM: Kenai Grace Brethren Church Elders: Al Kidder, Jim Welborn, Earl Moore, Mark Welborn Trustees: Risto St. Luise, Donald Pollard RE: Alaska DigiTel Tower Variance and Permitting Process The Kenai Grace Brethren Church located at Kenaa. Spur Highway and McCullum Drive was approached by Alaska DigiTel wireless communications with a request to lease propearty for a cell. tower. The tower would benefit the church and the community, so in good faith a contract was signed. The church assumed that Alaska DigiTel had knowledge and experience in-the permitting process and would be responsible to comply with all pertinent laws and regulations. Work on the tower site began and we were under the impression that a permit had been obtained and that neighbors had been notified. We were wrong. Therefore, we no longer support this project, though bound by a contract if all permitting is approved. We apologize to our neighbors and community for the contention and inconvenience this has caused each of you. Our intent is to be a caring, thoughtful neighbor. We apologize for not communicating with our neighbors personally and assuming that they had been consulted. Please feel free to contact us at: akkenaigbcakC~mail.com Our Motto: The Bible, The Whole Bible, iVothing But The i3ible ITEM 5: PUBLiC HEARINGS 5-a. PZ08-26 - An application for a Variance from height restrictions for a 120-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2. (406 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet, requesting denial of the variance. However, if the commission chose to approve the variance, she recommended the following four items: • Receive an Airspace Permit from the Federal Aviation Administration and provide the City of Kenai with a copy of the permit. • Meet any requirements listed in the Airspace Permit. • Submit alandscape/site plan for the proposed development as required by KMC 14.25. • Proposed lighting on the tower must be directed down to the parking lot surface anal use environmentally sensitive lights. Height of lights must be limited to no higher than the adjacent State of Alaska street lights. Twait opened the meeting to public hearing. Wayne Haerer, Alaska Digitel - Presented a power point presentation on the cell tower's range, noting the space for the tower was leased from the Grace Brethren Church; the tower would be taxable and Alaska Digitel would pay the taxes. At a question from the commission, Haerer noted the foundation was built without a building permit. Patricia Falkenberg, 399 McCollum -Spoke against the variance, noting she had not received notice from the church or Alaska Digitel, and is concerned the tower would lower property values. Robert Bielefeld, Mile 9 Kenai Spur Highway -Spoke against the variance, noting the tower would be seen from his home. Roy Espy, 403 McCollum -Spoke against the variance, noting the tower should not be in a residential area Becky Espy, 903 Magic -Spoke against the variance. Earl Moore, Representative -- Grace Brethren. Church - Read a written statement from the Church, stating the Church believed the permits had been applied for and neighbors had been notified. The statement read, in part, "we no longer support this project, though bound by a contract if all permitting is approved. We apologize to our neighbors and community for the contention and inconvenience this has caused each of you." Eric Wilcox, 41.6 McCollum -Spoke against the variance. Sylvia Stuart, 401 McCollum -Spoke against the variance, noting the property ~~~~1~~ values would drop. Debbie Sonberg, 410 Cinderella -- Spoke against this variance, noting she was not opposed to all variances. Billy Swart, 401 MoCollunn -Spoke against the variance, noting the tower would be an eyesore. Janine Espy, 403 McCollum -Spoke against the variance. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ08-26 and Commissioner Bryson SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend PZ08-26, adding the four staff recommendations stated earlier and requiring the tower not exceed 100 feet. Commissioner Romain SECONDED the motion. VOTE ON THE AMENDMENT: Brookman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. Commissioner comments included: • Concerned with timing on project and that Alaska Digitel should control contractors and locations. + Appeared to be a poorly conceived plan. • 120 foot tower not necessarily an eyesore. • Dilemma with allowing growth, meeting needs of businesses and neighborhoods. • Permit process should be followed. (building permit) VOTE ON THE AMENDED MOTION: Brookman NO Koester NO Wisniewski ABSENT Romain NO Wells ABSENT Twait NO B son NO MOTION FAILED. Twait read the 15-day appeals process procedure. June 18, 2008 ~..-,gece~~ed Attn: Council Members `~~~ 1 g X408 City of Kenai .a 210 Fidalgo w,~ Kenai, AK 99611 h~hq pew RE: Variance for Cell Tower Site at corner of McCollum and Kenai Spur Hwy Dear Council Members, We have been made aware of a "new" request for a variance to erect an 80 ft. cell tower site at McCollum Drive and Kenai Spur Highway in the Kenai Grace Brethern Church parking lot. i would like to thank the Council for determining that the last variance request fora 120 ft. cell tower at this site was not appropriate. With that in mind, if you feel a 120 ft. cell tower is not suitable for this area, I feel the 80 ft. tower would have the same impact as the 120 ft, cell tower. We are o ose to the 80 ft. cell tower that is being proposed, and feel that it would be a huge eyesore from the road and neighboring homes. We also feel that it could be placed in a commercial location, rather than in a residential zoned area. Please think of what it would like to personally open your front window to a VIEW of the cel[ tower. We respectfully request that you do not approve the request for variance for the 80 ft. cell tower at the McCollum Drive and Kenai Spur Highway location. Thank you for your time and attention with this request. We look forward to Council's decision with this matter. Sincerely, S u~aw W iZc~w aa~,d. ~~'icr W %ZCd-w Susan and Eric Wilcox 416 McCollum Drive Kenai, AK 99611 (907}283-4537 5d STAFF REPORT To: Planning & Zoning Commission Date: June 11, 2008 Res: PZ08-38 GENERAL INFORMATION Appiicant: Bill E. Zubeck 283-3991 414 Swires Road Kenai, AK 99611 Requested Action: Rezone -Suburban Residential to Rural Residential Legal Description: Tract 1A Buffalo Run 2008 Replat Street Address: 314 Swires Road KPB Parcel No.: 04103045 & Portion of 04103046 Existing Zoning: Split (Suburban Residential & Rural Residential & General Commercial) Current Land Use: Vacant & Commercial Storage Yard Land Use Plan: Neighborhood Residential ANALYSIS General Information: This application is being requested as result of a preliminary plat and a requirement of that plat. The plat combines two parcels (Buffalo Run Subdivision Pllase 1, Tract 1 and Tract A Swires Subdivision Amended Excluding Buffalo Run Subdivision Phase 1). The plat also subdivides a portion of Tract A into Tract B, Buffalo Run 2008 Replat to identify the area currently zoned General Commercial. This rezone eliminates asplit-zone situation. The request is to rezone the area currently zoned Suburban Residential to Rural Residential. In 1997, the applicant submitted a plan to develop Buffalo Run Subdivision. The subdivision included residential lots, extension of water and sewer, and development of the streets. The planned subdivision met the standards for the Suburban Residential zone and an application was processed to rezone the area planned for the subdivision. The rezone was approved; however, the plat was never recorded and the development never progressed past the preliminary platting stage. This created asplit-zone situation. This requested rezone, will eliminate the split-zone created in 1997. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one {1) acre (excluding street or alley rights-of-way} unless the PZ08-38 STAFF REPORT amendment enlarges an adjacent district boundary." The area of this rezone is approximately 72 acres and enlarges an adjacent boundary. Public Works Director: No comment. Building Official: No building code issues. RECOMMENDATIONS When reviewing the preliminary plat for Buffalo Run 2008 Replat, administration recommended this rezone and the Planning & Zoning Commission concurred with this recommendation. The proposed rezone eliminates a split zone situation and the resulting zone more closely matches the intent of the Rural Residential zone. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ08-38 2. Application 3. Maps Page 2 i ~,,~ CITY OF KENAI PLANNING AND ZONING COMMISSION ._~~::. -- - - RESOLUTION NO. PZ08-38 tl~ea'tyof REZONE PERMIT HEHA~ SHA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Bill E. Zubeck ADDRESS: 404 Swires Road, Kenai, Alaska 99611 ._ .__ LEGAL: Tract lA, Buffalo Run 2008 Replat PARCEL #: 04103045 & Portion of 04103046 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential & Rural Residential 2, The present land use plan designation is Neighborhood Residential___ _ 3. The proposed zoning district is Rural Residential 4. An appropriate public hearing as requixed was conducted June 2S, 2008 S. That the following additional facts have been found to exist: a. That the proposed rezone eliminates asplit-zone situation. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract XA Buffalo Run 2008 Re lot is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 25, 2008. CHAIRPERSON: ATTEST: ~S' a ~~ ~-~~~ - _- . '~-~ ___ tl~ecc'yuf.~~ H~NAI~ SKA "~/i~~a e wc`t~t a Past, Gi wit~r a ~r~tr~r~e" 210 1=idalgo Avenue, Kenai, Alaska 99611-7794 ~d Telephone: 907-2$3-75351 FAX: 907-2$3-3014 1 i 1992 ~~~ o~ ~eCej~e~~ REZONING APPLICATION JUN 6 ~p©~ `~ : Bill E. Zubeck ''iyi~ ~~ ~., PETITIONER 414 Swires Road, Kenai, AK 99611 ADDRESS 283-3991 PHONE Buffalo Run 2008 Replat Preliminary Plat (Replat of Tract 1 LEGAL DESCRIPTION Buffalo Run SD, Phase 1 & the unsubdivided remainder of N1I2 SW114 Section 35) Suburban Residential & Rural Residential PRESENT ZONE Rural Residential PROPOSED ZONE Intended Use and/ox Reason for Rezoning: The Buffalo Run 2DD8 Replat identified a split zone and the City is requesting the rezone to eliminate the situation. Rural Residential zonin more closet matches the intent of the ro e Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ Amendments to the Kenai Zoning Code and Official Map maybe initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50} registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2 ~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre {excluding street or alley right-off way) unless the amendment enlarges an adjacent district Rezoning Application boundary. Page 2 A Public Notification and Hearing is required before the issuance of this permit. A $1 X0.00 {plus sales tax) non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4 A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine {9) months and which was not approved shall not be considered. Petitioner i ature REZONING CHECKLIST: a, MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE {$101} d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING Legend coN.r..uo~ ~ aw.~lco,,..fwl re.,lwmaenat ~ avu.m„w.aonalr uadcmmre.t Iqn valwal ~ w.,lw:mN~l ® um~rt.ra.~'sl alw tiraw uu Ib.~ylwsNf 9~4nHn NSbeNbl ~ ~ 1 1t~la5c Tawrsi. 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I I s• ~ e I I~ ~ \ ~ ~ I~~ \ ~JJ~ / \ afU91 .f., ....... i ~ ~~'~/ yyo„ ill ~~. ~ i ~~ ~~a ~ BI--~, ~* .~nx~x Aoeo~ +~ai~sw m .nv~o~ ~ ~ saaa~,q rusms .sreic~ LreeSn stwwHl 6w~»a m aPoa ~ ~ ~f s mss r ome I ..-. ..-. ~.._. ~. ~I'f~© ____ I 5 t r,7mgpp7 ~~ ~I ~ I I :~.~. ~~~e R~ ~ ~~~5 0 s ~~~ ~ ~ ~~~ ~_ ~ ~~ d ~5~~ ~ ~~ ~~ ~ ~~` 3 ,ge -~~~ s~ ~g ~ ~ ~ $ C A ti r^ .+ E F R ~ ~• i} ~n 6 Z~~~~ w$o., J .. .. .,. Yi 1j1~/ F I~g ~ ~~( 'y ~~ 3#l r~~.ry~~ E~ __._.. f~5~e'0~ ~~~~~ $~ e ~~~~~ b q~'$$ ts~F9 ~~~~ ~~~ "I/'~~a e wit~t a Past, Gi wit~t a Fr~t~~e" .9~ ,~ ,~~~~ ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~® Telephone: 907-283-75351 FAX: 907-283-3014 III - _ - - -`_ -- - 1992 tlae ci u ~f K~NAl~ SKA ^ ^ n TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: June 18, 2008 SUBJECT: Lease Application -James H. Doyle, dlb/a Weaver Brothers, Inc. Tract B, Gusty Subdivision No. 6 The City of Kenai has received a lease application from James H. Doyle for the above-referenced property. As outlined in KMC 21.10.070, the application is being referred to the Commission for review and comment. Attached is a copy of a memo to City Manager Koch outlining my review of the proposed lease. It appears, based on the application, that the lease meets the Airport Land Use Plan, Comprehensive Plan, and Future Airport Developments. The use does not meet the zoning; however, would be considered non- conforming under KMC 14.20.050. The Airport Manager has also reviewed the lease. Also attached is a copy of that review. As of this date, the Airport Commission has not reviewed the lease. DOES THE COMMISSION RECOMMEND THE CITY PROCEED WITH THE LEASE FOR TRACT B, GUSTY SUBDIVISION NO. 6? Attachments "~/cfla e t.~it~ ~ Past Gr ~it~t ~ ~~tra~°e ~, ~ ~' ' ~~,~~~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 ~~{m.-`~ www.ci.kenai.ak.us tl~ecc~of IiENAI, ALd~SKA APq ~ 1 20a~ M ~m ®~~.~7..d1.~- ~ . r Date: April 21, 2008 To: Mary Bondurant, Airport Manager Marilyn Kebschull, Planner From: Kim Howard, Assistant to the City Manager I~~ RE: Lease Application - Jannes I-I. Doyle, d/b/a Weaver Brothers, Inc. Tract B, Gusty Subdivision 1Vo. 6 Attached is a lease application for the referenced property in the airport reserve. Mr. Doyle has leased this 15,942 sq. ft. lot since the mid-80's fox storage of flatbed trailers and vans near the softball fields. The property is in the runway protection zone, requiring a 90~day cancellation clause in the lease. The current 10-year lease ends June 30tH Mr. Doyle wishes to continue to use the property for another five years for the same purpose. A termination date of June 30, 2013 coincides with the termination of the adjacent lot that he leases for the same use. 1 reviewed the application as outlined in KMC 21.10.070 (a)(1}, The filing fee and applicable deposit have been submitted. No development is proposed. A business plan is not required. The KPB tax compliance certificate states Mr. Doyle is in compliance with the Borough tax provisions. My recommendation is approval of the lease application. Please review the application as outlined in KMC 21.10.070 (2} and (3} and make a recommendation. Cc: Rick Koch, City Manager Attachments Ikh w lat~>~:~i~t~~~~' ~~ 'yv.~. t ~. } 4.'J ~~ ~ CITY OF KENAI Y - ~°~ 210 Ridalgo Avenue, Kenai, Alaska 99611-7794 /°~ ~v~,,--~ (907) 2$3-7535 Ext. 223 LEASE APPLICATION For Land Inside the Kenai Municipal Airport Reserve 1. Name of Applicant James__H. Doyle ,, ... _.` _- 2. Business Name Weaver Brothers Tnc. 3. Business Type (circle one) sole proprietor partnershiQ co oration L.L.C. 4, AK Business License No. 85270 ,_,_ Mailing Address P. o, Box 582 6. Telephone 283-7957 7. Email Address 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 9. Land Requested: Kenai, AK 99611 014467 If platted, give legal description Tract B, Gust Subdivision No. 6 If not platted, attach a site plan showing the proposed dimensions and location on the Airport. I0. Proposed Use of the Property (Be specific) trailer storage 11, Lease Term Desired 5 years 12. If•you plan to base or service aircraft on the property, give a. Make, type, & wingspan of the largest aircraft b. Total number of aircraft you expect to be based or serviced an the property at one time 13. If you plan to construct improvements or otherwise develop the property: a. Attach a Development Plan (see attached cltecklist) b. Describe the building type, construction materials, size, etc. c. Construction beginning date d. Construction completion date {maximum of two years) Estimated total cost of the proposed development & improvements $ 14. If you plan to operate a business on the property, attach a business plan (See application instructions). 15. If you would like the City to consider any additional information relating to your proposal, please put ik in wriking and submit it with this application. APPLICANT'S SIGNATURE; Date: _ 4 /q 7 /2 b08 Printed name: ,lame D Tttle: pr~Gi r3Pnt APPLICANT'S SIGNATURE: Printed name: Title: Date; KENAI MUNICIPAL AIRPORT Lease Application for Land Inside the Kenai Municipal Airport Reserve DEVELOPMENT PLAN CI-IECKLIST (All itezrzs must be included before a lease application will be accepted.} A DEVELOPMENT PLAN MUST INCLUDE A DRAWING AND A NARRATIVE. I. Drawings rr~ust be drawn to scale, but need not be prepared by an architect or engineer. Drawings rx~ust show the fallowing: a. The layout of the lot showing the height(s), size(s) and location(s) of all ~_ - Existing buildings - Pxoposed buildings _~ - Existing and prapased antennas, poles, and towers __~~ - FAA Form 7~4~tJ-1 Notice of Proposed Construction {This form is to be submitted to the FAA by the applicant, It can be downloaded from the FAA website http://www.faa.gov/airports_airtrafficlaixports/xegional_guidance/alaskan/. The site has a menu far forms at the bottom of the page.) Lease requires evidence of compliance prior to developanent. b. Parking facilities (location and number of spaces) ~"~"~ - Highway vehicles k - Aircraft support vehicles (non-highway} ~ 0,-~jr - Aircraft ° ., P~ ~` c. Site improvements - Areas to be cleared and method of disposal ,.I I,a ~" - Proposed gravel or paved areas vaca~~ iol- - r~kl yY~ccvele~ V - Landscaping plan (retention of natural vegetation and/ox proposed planting areas} -h~.~.~ ~a: ~I a-a-~,~~~ ~ Pa~P~~~ d. Building set backs e. Drainage plan. and snow storage areas ~1p"~ P`~h~ ~"'~° &RV~„~. f. Traffic circulation plan (all entrances, exits and on-site access) "° ~"~""~ o~.y g. Location of signs} -- (sign permit required before installation) h. Fencing -- (permit required before installation if height exceeds b feet) i. Curb cuts (where applicable} 2. Narrative must explain how your proposed use and development of the property will conform with: a, the zoning ordinance of the City b. the comprehensive plan of the City ,/ c. the latest FAA-appxoved Aixport Layout Plan far the Airport / d. the latest Land Use Plan far the Airport / Page 3 of 2 April 16, Zoos City of Kenai Subject Property: Tract B, Gusty Subdivision fVo. 6 Lease Application Narrative The property, listed above, has been under a lease with the City of Kenai for approximately 20 years. This vacant property is used exclusively for trailer storage and we have always complied with all current comprehensive and zoning plans as outlined by the City of Kenai and/or Kenai Municipal Airport for the duration of this short-term lease. We will continue to comply with the Land Use Plan for the airport, as we will only be using the subject property for trailer storage. ~;" James H. Doyle ~ - .-. r ~ ~~ ti I rc~ ~ s ~" f ,~,L~~~~ .~ ~~DEPSEM~~ ~ _ s soo ~, ~~ ! ~, -.__. w~w7 1 • V 1 ~ D RE PR ~' 2 ~ qp ~ ~ j ~ !50 i s"~~~, o ~ N 6 ~ \ `~~oclj~rJ ~~ii~l C`~ ~ ! '~~ ~' r ~~ ~ ~ ~ ~ ~~ ~ _ 1 ~ ~ ,® ~C ~ - v ~~ ~ r,~ ~ ° ~ ='1 ~F ~ O per,,, ~ S .S 6Q p0 `~~$' ~f \ \ N 1 3~ S 9S, J ~ ~ $ ~ 27 ~` ~ ®~ ~~~\ © ~~` ~ ~ ~/ ~ / ~~ ~~ C ~/ ~~~ 1 \ \ ~ ~ ~ ~~ v ~ ~! ~i~ ~, ~~' mod/ ~ ~ ~~~/ ~ ~a`~ / /` ~~ ~ u ® ~ ~ ~ ~ ~~/ V m Q. ~ ~' _,i 2 C? // ~ ---~ ~~ ~'/W `C~ v h , ~. 1 ~ ~ 3~ 1 ~ ~ ~ i f ~~ r~ ~V ~~ ~ ~. ~~~®.. ~` ~,PSE 1 ~~ ~B~ ~v ~ C' nC SF `v `v 4, tv ~ry o „~o ~,^~ ~~,~ i ~4 "I/i~~a e u~it~t a Past, Gi ufit~t a ~r~tr~re" .~ .~,~~ ti, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -~~ Telephone: 907-2$3-78351 FAX: 907-283-3014 ~~~~ - - 1992 the Gi o ~' f HENAt~ SHA ^ ^ TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administrator DATE: April 23, 2008 SUBJECT: Lease Application -James H. Doyle, dlbla Weaver Brothers, Inc. Tract B, Gusty Subdivision No. 6 I have reviewed the proposed lease application as required in KMC 21.10.070 {3). The applicant has leased this property since the mid-80's and uses the property to store flatbed trailers and vans. This property is located on the corner of Cohoe Avenue and Coral Stree# and is located in the Airport Reserve. - Airport Land Use Plan - A limited ALP was completed in December 2006. Qn sheet 10 of that update, the property is shown as Commercial/Light Industrial and zoned C -Conservation. Sheet 11 of the updated ALP, identifies the parcel as Airfield. The Supplemental Plan defines Airfield as, "Areas directly related to the landing, takeoff, #axiing and parking of aircraft and helicopters, including runways, taxiways, helipads, runway protection zones, approach surfaces, building and obstacle free zones, navigational aids, and City-owned aircraft parking aprons." As noted by Ms. Howard, this property is in the runway protection zone and requires a 90~day cancellation clause in the lease. ]t appears the proposed use was recognized on Sheet 10 of the ALP. Because the property cannot be developed with permanent structures, it appears the use meets the requirements for the 90-day cancellation as required for uses within the runway protection zone. Although not specifically listed as a use in the Airfield designation, it appears that the use meets the Airport Land Use Plan since the use does not require any Lease Application -James H. Doye, dlbla Weaver Brothers, Inc. Page 2 Tract B, Gusty Subdivision 6 structures to be built and can be vacated with a 90-day notice. - Comprehensive Plan -The City of Kenai Comprehensive Plan Land Use Plan identifies this area as Airport Industrial and within the proposed Airport-Dependent Development District. The Airport Industrial area is defined as, "The Airport Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation-related uses and activities. Because the lease provides fora 90-day cancellation, the lease would allow far airport use of the properly if required. It appears the proposed use conforms to the Comprehensive Plan. (Nate: The proposed Airport-Dependen# Development District has not been established.) - Zoning -The property is zoned C -Conservation. Airports and related uses are permitted within the zone; however, this lease does not relate to an airport use. Under existing interpretation, the use would be considered in the Land Use Table under Industrial Uses as a Storage Yard. Within the Conservation zone, Storage Yards are not permitted. Based on research, it appears when this lease was originally approved, the use was considered as "Parking, Off-Street" which is listed as a permitted use in the zone. Because the use has existed since the mid-80's, it should be considered as non-conforming under KMC 14.20.050 and may continue but may not be expanded. - Future Airport Improvement Projects -- To my knowledge, there are no airport projects planned in this area at this time. Based on the information reviewed, it appears that the lease should be allowed to continue. It is recommended that the City consider initiating a rezone of subdivided parcels in this area that are still zoned Conservation (C) to the Light Industrial (IL} zone, which more closely matches the current use(s) and should accommodate future uses as allowed by the F.A.A. .y+~ Munic7pal na ~ 306 N. YYILI,OW ST. SEl1'f'E 200 KENAl, ALASKA 99611 14i rpor# 7FJ.F.PHpNE 907$3.7951 FAX 9Q7,283~737 MEMO To: Rick R. Koch -City Manager From: Mary 8ondurant ~-Airport Mana Date: May ~ 4, 2008 Bros, Inc. Tracf B, Gusty Subdivision No. 6 Subject: Lease Applicafion -James H. Doyle, d/b/a Weaver I have reviewed the above lease application in accordance with KMC 21.10.070 (2) and recommend the lease continue. The 90-day cancellation clause would allow for airport use should the need arise. agree with Ms. Kebschull that the City consider a rezone of these parcels to Light Industrial from Conservation to meet future uses. Cc: Kim Howard, Assistant to the City Manager Marilyn Kebschull, Planning Administra#or t,r° '1 b "~'~~a e wit~t a Past, Gi with a ~~ctr~~'e" ,~_~,r~~ ti, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~! ~. I~If -_= ____ Telephone: 907-283-75351 FAX: 907-283-3014 --- _= ~ 1992 tyre cc'ty a f HEHAIV SHA MEMO: TO; Planning & 2aning Commission FROM: Marilyn Kebschull, Planning Administration DATE: June 19, 2008 SUBJECT: Accessory Structures Amendment Attached is a draft resolution recommending an amendment to KMC 1.20.200 {a) to allow single-story accessory structures larger than 120 square feet to be placed in the rear yard up to five-feet from the rear lot line. This amendment also defines single story. Does the Commission want to schedule a public hearine on the proposed amendment? Suggested by: Administration ~~`~~ ~~ ~ CITY OF KENAI tlrecftyaf PLANNING AND ZONING COMMISSION HEHAV SKA RESOLUTION NO. PZO$- A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.200 (a) (ACCESSORY STRUCTURES) BE AMENDED TO ALLOW ACCESSORY STRUCTURES IN THE REAR SETBACK AND TO DEFINE ONE (1) STORY HEIGHT. WHEREAS, KMC 14.20.200(x)(2) now allows for accessory structures of not more than one hundred twenty {120) square feet and not more than one story in height to be in setback areas provided they are not closer than three feet to the adjoining lot; and, WHEREAS, existing setbacks for sheds above one hundred twenty (120) square feet cause a significant loss of usable yard space; and WHEREAS, increasing the size of such accessory structures allowed in the rear setback would allow for more inside storage without the added expense of another out building, thus reducing outside storage in yards; and WHEREAS, defining single story height would insure allowing structures in the rear setback do not adversely affect the adjacent properties; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(x) to allow accessary structures over one hundred twenty (120) square feet to be placed up to five feet (5') from the adjoining lot and to define single-story height as a maximum of 12 feet (12') high as measured from the ground to the top of the roof. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.200 as follows: KMC 14.20.200 Accessory structures. (a) Yaxd Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (l j In an RR and RS zone, the minirnurn front yard setback for an unoccupied attached or detached garage or carport shall be ten feet (10'}; (2J Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120} square feet, and not more than one (1) story in height xnay extend into either side yard or rear yard, but such structure shall not be closer than three feet (3') to an adjoining lot; (3) Covered but Unenclosed passenger landings, or storage sheds more than one hundred twenty (120) square feet, -and not more tlian_one (11 story in height rnay extend into the rear yard, but such structure shall not be closer than five feet (5'1 to an adjoining lot; [3] ~ Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3'~ of any lot line; [4] L5}. Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten feet (10'} of any lot line; [5] ll A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1 / 3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14,20.200(a}(2) and KMC 14.20.200 fat (31, setbacks, per development tables, must be maintained if structure requires a building permit. ~7) For purposes of this section one {1) story in height is a maximum of 12 feet { 12') high as measured from the ground to the top of the roof. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this day of 2008. CHAIRPERSON: ATTEST: 9a AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 18, 2008 '7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /avvuvr,ci,kenai.ak.us ITEM A; CALL TO ORDER 1. Pledge of Allegiance 2. ,Roll Gall 3. Agenda Approval ~F. Consent Agenda *All items listed with an asterisk (*) axe considered to be routine and non- controversial by the council a.nd will be approved by one motion. There will be no separate discussion of these itexx~.s 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 paxt of the Cxeneral Orders, ITEIVI H: SCHEDULED PUBLIC COIUIMENTS (10 xr~.inutes) Roy & Ja~xine Espy -- Cell Phone Tower Concerns. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPCaI~TS dF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony Iimited to 3 minutes per speaker.) ~~.~L(, 1. C3~d3nan.ee No. 2318-200$ ~~ Increasing Estimated Revenues and Appropriations by $501,632 in the Uz~ca Storage Building Fond far Construction. ~r~. 4-- 2. Ordinance No. 2819-2008 -- Amending the Ethics Rules for Elected and ~~ `~~ ~ Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. ~~rt~.~r 3. Ordinance No. 2320-2008 -- Arrzending KMC 1.90.030 to Permit ~ ~~/ Appointment of Up to Two Members to Certain Advisory Boards, . Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at beast One-Half Time Within the City. /~r jr/ 4. Ordinance No. 2324-2408 -- 1) Amending KMG 13.20.030 to Prohibzt ~~~~~ Trespass in Posted Environmentally Sensitive Areas in a Fortion. of the ~~~,~~~~, South Shore of the Kenai Beach; 2) and Beclaring an Emergency; and 3) ~~~. ~ ~ .Amending the City's Fine Schedule in KMC 13.10.015 by Adding a New Subsection 70 Providing for a X500 Fine for a Violation. /,~ ~. a. Motion for Introduction b. Motion far Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) ~~~~~• 5 Resolution No, 2Q08-3a -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building 2008 for the Total Amount of $375,713.00. 6. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Project Entitled Kenai Public Safety Garage - 2008 for the Total . Amount of ~ 1.65,368 Which Includes the Basic Bid and Additive Alternates No. l and Na. 2. 7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Froposed Ames Road South LID Special ,Assessment District. 8. Resolution No. 200$-38 -- Recognizing Harold and Rita Daubenspeck for Their Support axed Dedication to the Qrowth and Development of City of Kenai Forks and Recreation Opportunities, 9. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 10. *Renewal of Liquor Licenses -- Restaurant/Eating Place • Katina's Greek & Italian Restaurant, #4533. • New Peking Chinese Restaurant, #3239, • Pizza Hut #9, #2596. W~ ex • Matson Winery & Supply, #4676. ITEM F• MINU'T`ES l . *Regular Meeting of June 4, 2008. ITEM G: ITEM H: NEW BUSINESS 4i'~Cf~ l . ~ k3ills to be Ratified ~^'~~~~~~ 2. Approval. of Purchase Orders Exceeding $15,000 ~~ 3. *Ordinance No. 2321-2005 •-, Increasing Estimated Revenues and Appropriations by X250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Inr~.provernents. 4. *Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General El~:ctiox~. tha (~uestiaxz As to Whether the 11/Iunicipal Officers of the City of Kenai Should be Exempt From the Iarovisions of the State of Alaska Financial Disclosure Statutes (AS 39.50) , 5. *Ordir~ance No. 2323-24118 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the ' Planning and Zoning Commission in the Definition of "Municipal Off cer in KMC 1.85.070; and, Including Stockbrokers grid Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC I.85.030. 6. ~Ordfnance No. 2328-2008 -- Amending the Code Violation Fine ' ~ Schedule in KMC 13.10.015 to Include a Standard Fine of X500 fnr Trespass in Violation of KMC 3.20.010. ,~~r?i"'p~~ 7. Approval -- Change Order Na. 1, Thompson Park LID - 2008. y`~ 8. ,Approval. -- Setting Clerk, City Attorney and City Manager Salaxies. ITEM I: COMMISSYON/COMMITTEE YtEPORTS 1. Council on Aging 2. Airport Commission 3. 1-Iarbor Commission 4, Library Co:rnrnission 5. Parks & Recreation Commission. 6. Planning & Inning Commission '~. Miscellaneous Commissions and Committees a. Beautification. Cammittee b. Alaska Municipal. League Report c. Mini,Grant Steering Comxnittee ITEM J: REPORT OF THE MAYOR ITEM K: AUMINI$TRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISC'[l'SSION 1. Citizens (five minutes) 2. Council ITEM M: PEll'DING LEGISLATION (This item lists legislation which will be addressed at a later date as r~afed. J Oxdina~ce No. 2314-200$ -- Enacting KMC 23.55.DSD Providing fox Lon.ge~vity Pay of T~sro Percent (2%~ far Certain Employees in Step CC in. the City of Kenai Salary Schedule. ~Pastpor~ed ort June ~, 20pS to August d", 2QD8,) E~ECU'TIVE SESSION -- None Scheduled ITEM N: ADJQ'C)'TLIVMENT Rh MEMBERS: Paulette Bokenko- Carluccio Seldovia City Term Expires 2009 Alice Joanne Collins Anchor Point! Ninilchik Term Expires 2010 Mari Anne Gross Southwest Borough Term Expires 2008 Harry Lockwood Ridgeway Term Expires 2010 t_inda Murphy Soldotna City Term Expires 2008 ALTERNATES: Philip Bryson Kenai City Term Expires 2010 James Isham Sterling Term Expires 2009 A, B C. D E KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. June 23, 2008 Tentative Agenda CALL TO ORDER ROt_L CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Mari Anne Gross, Southwest Borough 3, Minutes a. June 9, 2008 Plat Committee Minutes • ,y~ ~~~~ ~~ ~~ ®~® PUBLIC COMMENT (]terns other than those appearing on the agenda, Limited to five minutes per speaker unless previous arrangements are made.) SUBDIVISION PLAT PUBLIC HEARINGS 1. Big "T" Homestead Sub. 2008 Addn. KPB File 2008-158 [JohnsonlBrand] Location: East of Tuskumena Lake Road in Kasilof 2. King Fisher Sub, No. Two KPB Fite 2008-159 {WhitfordlMotsinger, Rumley} Location: On Kingfisher Drive and the Kenai River 3. Diamond T No. 2 KPB File 2008-160 [ImhofflStutzer, Edwards, Martin] Location: South of Diamond Ridge Road in Homer K-Bay APC 4. Nordby Subdivision Na. 8 NIC KPB File 2008-161 [Imhoff/Rude] Location: City of Kachemak 5. Keystone Est. Sub. Leadens Addn. No. 2 KPB File 2008-162 (SegesserlLeadens, Waldrip] Location: On Donovan Avenue in Soldotna 6. Tiernan Sub. Lots 1 & 2 McKinley Addition KPB File 2008-163 [SegesserlMcKinley] Location: North of Sterling Flighway in Ninilchik 1 i dy +,: ,_ ~ ~ .:~ 4 Y ;~ 7. Paradise Airpark Addition Na. 1 Revised Preliminary ` , ," KPB File 2006-043 [SegesserlBangerter] Location: North of Sterling Highway in Soldotna ~4 a ~.._ ~'~ ~ ~ 8. Dietz Home Estates No. 15 KPB File 2008-164 [ChurchlHulsing] Location: North of East End Road on China Poot St: K-Bay APC 9. Loon Lake Resort Addition No. 1 KPt3 File 2008-149 [InkegritylSchmelzenbach] Location: North on Sports Lake Road in Soldotna (Postponed from June 9, 2008) F. FINAL PLAT PUBLIC HEARINGS G. MISCEt_LANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING PLEASE NOTE THERE IS ONLY ONE MEETING IN JULY The next regularly scheduled Kenai Peninsula Borough Plat Committee meeting will be held Monday, July 21, 2008 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-202-8618 e-mail address: lannin borou h.kenai.ak.us web site: www.borou h.kenai.ak.usl lannin de t z KENAi PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA June 23, 2008 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2610 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2009 Alice Joanne Collins Anchor Point! Ninilchik Term Expires 2010 Dr. Rick Foster PC Member Homer City Term Expires 2090 Mari Anne Gross PC Member Southwest Borough Term Expires 2008 James Isham PC Member Sterling Term Expires 2008 Brent Johnson PC Member KasiloflClam Gulch Term Expiros 20D9 Harry Lockwood PC Member Ridgeway Term Expires 2010 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2009 Linda Murphy PC Member Saldotna City Term Expires 20D8 Todd Petersen PC Member East Peninsula Term Expires 209p A. CALL TO ORDER B. ROLL CALL G. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered routine and non-controversial by the Planning Commission and will be approved try one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner sa requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Requests Shannon Subdivision Loomis Addition KPB File 2007-169; EasthamlLoamis Location: North of Cardwell Road in Soldotna *2. Planning Commission Resolutions a. Resolution 20Q8-24; Vacate a portion of a 60-foot right-of-way easement granted in Book 69 Page 420, within or adjacent to Lots 5, t3, 7, 13 and 14, Block Two, Triple Crown Estates No. 2 Phase 1 (Plat HM 2007-26); within Section 28, Township 5 South, Range 12 Wesk; ail within the Seward Meridian and Kenai Peninsula Borough, Alaska; KPB -File 2008-070; Location: South of East End Raad, Homer area; Kachemak Bay APC; vacation approved April 14, 2008 '`3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070} *5. Plat Amendment Request "6. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC Administrative Determinations c. Current Reviews *7. Commissioner Excused Absences a. Rick Foster, City of Homer Vacant PC Member City of Seward Term Expires 2008 Ray Tauriainen PC Member Northwest Borough Term Expires 200$ Mari Anne Gross, Southwest Borough c. Vacant, City of Seward '`8, Minutes a. June 9, 2008 Plat Committee Minutes Max J. Best Planning Direc#or John Williams Borough Mayor b. June 9, 2008 Planning Commission Minutes D. PUBLIC COMMEN`CIPRESENTATIONSICOMM1SSlONERS (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 Vacate a 20-foot public walkway and drainage easement centered an the line common to Lots 39 and 40 granted by Moose Range Meadows South, Addition 1 (Plat KN 84-248), carried forward on 1991 Replat {Plat KN 91-71}, and on 1993 Replat (Plat KN 93-83); within Section 2, Township 4 North, Range 10 Wes#, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2008-136 KPB Res. No. 2008-20; Petitioner: Karen Aragon of Soldotna, Alaska. Location: On Salamatof Drive in Soldotna 2. Classifying certain Borough land located in the Cohoe and Kalifornsky areas, pursuant to KPB Cade of Ordinances, Chapter 17.10,080 3. Ordinance 2008-14;An Ordinance Authorizing the Safe of Certain Parcels of Borough Land by Sealed Bid 4. Resolution 2008- , A Resolution Authorizing the Acquisition of a 0.24- Acre Parcel of Land from Mr. William Hoxie, in Anchor Point G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 20-foot utility easement cen#ered on the line common to Lots 7 and 8 Block 1, granted by FBO Subdivision (Plat HM 78-225); within Section 32, Township 6 North, Range 12 West, Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough. KPB File 2008-141. Petitioner: City of Kenai; Location; City of Kenai Vacate the 10-foot utility easement along the west boundary of Lots 1 and 2, granted by Marks Subdivision (Plat KN 84-213); within Section 10, Township 5 North, Range 9 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough. KPB File 2008-142; Petitioner: Edward D. Marsters of Sterling, Alaska. Location: On Robinson Loop Road in Sterling Vacate the 10-foot utility easement along the north boundary of Lot 2 Block 1 granted by Kapingen Subdivision Unit 1 {Plat HM 75-3); within Section 17, Township 6 South, Range 13 West, Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough, KPB File 2008-143. Pe#itioners: Dave A. and Cynthia K. Barker of Homer, Alaska. Location: City of Homer SPECIAL CONSIDERATIONS SUBDIVISION PLAT PUBLIC HEARINGS 2 The Plat Committee is scheduled to review 9 preliminary plats. K, COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHERINEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOLfRNM1=NT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED City of Kenai Planning & Zoning Commission Meeting Minutes - May 28, 2008 FUTURE PLANNING COMMISSION MEETING PLEASE NOTE THERE IS ONLY ONE MEETING 1N JULY The next regularly scheduled Planning Commission meeting will be held Monday, July 21, 2008 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soidotna, Alaska at 7:30 p.m. ADVISORY PLANNING CDMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce July 17, 2008 7:00 p.m, Cooper Landing Cooper Landing Communit Hall July 16, 2008 6:00 p.m. Hope 1 Sunrise Hope Social Hall July 17, 2008 6:00 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 fime with the advisory planning commission chairperson. Chairperson contact informatics 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: toil free within the Borough 1-800-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: planningCa~borough.kenai.ak,us web site: www.borough.kenai.ak.uslplanningdept STAFF REPORT To: Planning & Zoning Commission -File Date: June 9, 2008 GENERAL INFORMATION Applicant: Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283-8222 Res: PZ08-37 For: A. F. S. S. 470 North Willow Street Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Landscape/Site Plan - A.F.S.S. --Shed Lot 7A, Block 2 F64 Subdivision 470 North Willow Street 04330033 Light Industrial Commercial Airport Industrial ANALYSIS General Information: The applicant intends to construct a 28-foot x 28-foot storage shed. Because this is an existing development, a full landscape/site plan review is not required. The applicant provided a site plan showing the structures, access, existing landscaping and parking. Disturbed areas outside of curbs will be top soiled and reseeded with grass. New sidewalks wiq be added and existing sidewalks will be removed and replaced. RECOMMENDATIONS The plan as submitted meets the requirements of KMC 14.25 and is approved. Review completed by: Nancy Carver Planning Assistant .-... _ -~,~r ~ : ~ CITY OF KENAI F ~^- PLANNING AND ZONING COMMISSION ~~ ~' " RESOLUTION NO. PZ48-3T Elrecfyv~ SITE PLAN PERMIT HEHa~ spa A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Site Plan was reviewed as required: • Received by: Nanc Carver Plannin Assistant • Submitted by: Rick Koch, City Manager ,, ,.,..W • Submitted for: A.F.S.S. • Property Address: 470 North Willow Street ® Legal Description: Lot 7A Bloclc 2 FBO Subdivision • Parcel No.: 04336033 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WT-IEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE SITE PLAN IS APPROVED FOR 470 NORTH WILLOW STREET. v ewed and approved: Date: ~ n ~~ ~-~ ~'~ ~~ ---_ _-- - ___ tlaeu~vf ~~ KENA~ Spa "I/~~~a e with a Aast, Gi wit~t a ~~t~re" .~ ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 F'AX: 907-283-3014 ~~~, ~~I~~r 1992 LANDSCAPING/SITE PLAN REVIEW APPLICATION APPLICANT City of Kenai BUSINESS NAME A.Ii.S.S. (leasee) LEGAL PROPERTY OWNER City of ICenai PROPERTY ADDRESS 470 North Willow Street MAILING ADDRESS 210 Fidalgo Avenue, Kenai, AK 99611 PHONE 907-283-8222 ZONING DESIGNATION (CIRCLE ONE) C RR RR-1 RS RS-1 RS-2 RU CC CG T~L H ED R TSH LC CMU LEGAL DESCRIPTION Lot 7A, Block 2 b'BO Subdivision PARCEL NUMBER 04336033 The following needs to be include on the Site Plan. ~~~1 r~~. Common and scientific name of the planting materials to be used in the project. b, Typical planting details. _~ c. Location of all planting areas and relationship to buildings, parking areas, and driveways. ._~~ d. Identification and location ofnon-living landscaping materials to be used. ______. _~ e. Identification of on-site snow storage areas. ~f. Drainage patterns. _~ g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. l i. Dumpster location. ~ • +i Additional comments or information should be attached to this application, ,~~ Gg~~e~` (he Zp0® °~ ~~~ ~~ ~~ ~ ~~ s~~ ~ ~ ~~~~ nir.. ..r ~i~a~ Q ~~4 4 ~~ . ~~, ~ ~~f ~~~ : ~~ ~ Z m W rW [] I.J W aN ~ W [!] I N ~' ~m Q Q Z W f' g D O ~© N o~ ,~ n Q w~ 4C '~ o J 9O \S Z~ °, G C ~i~ ~ Qom .0-,ll ,:a_ .I ~ ; ' ` .•.. } '~• ~ ~i ~~ . . ( ~ - ; '.I~ ' ° . '~ . ' . : a l ~ S ' a ` - a a~c9 I ~ a F ~~m I ~ - - EI ----------_ ~ a~ 0 .99'181 6~ ~ ~ ~~~~ ~ ~ qW~$ ~' ~ ~~g~ ~ I~ - ._ - _.. - ~. ~.J ~. <o ~'F° aaa ~~~ c> ~~?z ¢UO S SWS~ 2 F ~ ULLN _~~~ ~ W W '~_>N_ w S ~ y Qaa ~ w a~,°o~ ~~~_ a '- ~i °bw~' ~x~a i~oa a 3 O W u o ~ U ri 0 ~ ~ \ a ILL ~ ~ <8 _ U~ v ~ 4 ~ - pp FF.. ZZ o w j y y~ W W N} ZW gR' Z °o " ~ Far`~Q~i~ ° ~ ~ ~ S +~ ~~S~a9c ~~ O ~ ~ a <a"~"~= ~' U a ~ S ~ off~~~ff 1+S'a U °' ~ w ~ ~ ~e~zOw ¢d cb ° m q S~ (V '~!' ~ a a bi 8E Sh sale~oosay g ma~spua6 888E woo•oasss-woa;aquas ; Z68q'91E'lg6 ~ 0664'91E'Lg6 4S966 31tl elllseM 'lfi Ilsuen •fi ntib ~i~ PLANNING 8c ZONING COMMISSION Meets Second and Fourth Wednesday - 7;00 p.xn, Kenai City Gouncik Chambers Commission Member Name and Address Home Phone Business Phone Emaii Address Term >unds Kurt B. Rogers Planning & Zoning Commission 5335 King Salmon Drive Kenai, AK 89611 2$3-7898 korke ayyahao.com 2009 Roy A. Wells 283-1029 283-5646 ~-awells~4r'~wracivisors.com 2010 Planning & Zoning Commission 410 Lawton Drive Kenai, AK 99611 I'liil Bryson 283-4428 283-4672 pbjyson irlwcbalasl~a~com 2010 Planning & Zoning Commission P.O. So~c 1041. Kenai, AK 99611 '~*Scott Romain 283-5174 262-88b6, x35 (py scott(iiredo_u_btrealty.com 2011 Planning & Zoning Commission 425 Rogers Road Kenai, AK 99611 262-$853 (f] Jerry Brockman Planning & Zoning Gomrnissinn 7' 1 S Muir Avenue Kenai, AK 99611 283-9329 brookman(u~alaska.net 2011 '~Jeff'I~vait Planning & Zoning Commission 1808.3u1ie Anna Drive Kenai, AK 99611 283-3919 262-2493 jtwait(Er),~ci,net 2009 Karen Koester Planning & Zoning Commission, 845 Set net 17rirre Kenai, AK 99611 283-2094 2b2-2016 Kkoester(u~yahoo.com 2009 Council Member Rick Ross 1505 Kittiwake Court Kenai, AK 99611 283-8497 rossrc k hotmail.eom Council Member $ob Molloy 283-7102 283-7373 (wk) ba rtxnolloyforcouncil.aom 110 S. 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