Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2008-10-08 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION . <` t `^ AGENDA ~'~~ ~ "~ CITY COUNCIL CHAMBERS ,~ October 8 2008 - 7:00 m. #~~~"r~~~/ ~ 1~~ ~fFit~l. sl1lfilt~ 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk ('~) are considered to be routine and non-controversial 6y 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. * September 24, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: G. OLD BUSINESS: a. PZO$-41 - An application for a Conditional Use Permit to hold an outdoor assembly (fair) for the property known as Lots 1, 2, and 3 of Beaver Bluff Subdivision (4736 & 47b0 Beaver Loop Road}. Application submitted by Katharine A. Pool, P.O. Box 178, Soldotna, Alaska. (Postponed from 8113/08 meeting.) b. PZ08-52 - An application to rezone the property known as Tract A, Papa .foe's Subdivision Chumley Replat (9520 Kenai Spur Highway) from Rural Residential 1(RR1) to Limited Commercial (LC). Application submitted by Franklin T, and Kristie L. Wortham, River City Dental, P.O. Box 1284, Kenai, Alaska. 7. NEW BUSINESS: S. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 #o require dumpsters be screened on at lcast three sides. 9, REPORTS: a. City Council b. Borough Planning Agenda October 8, 200$ c. Administration 10. PERSONS PRESENT NOT SCHEDULED: {3 Minutes) 11, INFORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting: • Cellular Towers • Wind Turbines • Kenai Spur Highway Setbacks Page 2 ti ~~ a CITY OF KENAI ~ PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 24, 2008 - 7:00 p.m. l . CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences - Commissioner Twait - Commissioner Romain - Commissioner Wells *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 pa1•t of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 10, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ08-51 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 19, Block 1, VIP Park Estates Subdivisian (2765 Watergate Way}, Kenai, Alaska. Application submitted by Dennis A. Swarner, P.O. Box 1669, Kenai, Alaska. b. PZ08-52 - An application to rezone the property known as Tract A, Papa Joe's Subdivision Chumley Replat (9520 Kenai Spur Highway) from Rural Residential 1{RR1) to Limited Commercial {LC). Application submitted by Franklin T. and Kristie L. Wortham, River City Dental, P.O. Box 1284, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: S. 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 Agenda September 24, 2DD8 b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11, INFORIY~ATION ITEMS: a. Kenai River Center Permit Application -Michael Blair b. Zoning Permit (9110108) c. Notice of Absence -Commissioner Twait d. Notice of Absence -Commissioner Romain e. Notice of Absence -Commissioner Wells 12. COMMISSION COMMENTS & QUESTIONS: Page 2 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 24, 2008 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR PRO TEMPORE PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER Due to the absence of Chair Jeff T~vait and Vice Chair Scott Romain, Commission Member Phil Bryson called the meeting to order at approximately 7:01 p.m. MOTION: Commissioner Koester MOVED to elect Phil Bryson as Chair Pro Tempore and Commissioner Brookman SECONDED the motion, There were no objections. SO ORDERED. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: P. Bryson, K. Rogers, J. Brookman, K. Koester Commissioners absent: J. Twait (excused), S. Romain (excused), R. We1Is (excused) Others present: Planning Administrative Assistant N. Carver, Council Member R. Ross A quorum was present. 1-b. Agenda Approval Chair Pro Tempore Bryson noted the following changes: ADD: 5-b. Letter from Donald Wright Email from Rabin Wright MOTION: Commissioner Brookman MOVED to approve the agenda with the above_mentioned additions and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. ].-d. *Exeused Absences Commissioner Twait Commissioner Romain Commissioner Wells Approved by consent agenda. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -~ September 10, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZU8-51 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 19, Block 1, VIP Park Estates Subdivision (2765 Watergate Way}, Kenai, Alaska. Application submitted by Dennis A. Swarner, P.O. Box 1669, Kenai, Alaska. Planning Administrative Assistant Carver reviewed the staff report included in the packet. Bryson read the rules for public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Brookxnan MOVED to approve PZ08-51 with staff recommendations and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 5-b. PZUB-52 - An application to rezone the property known as Tract A, Papa Joe's Subdivision Chumley Replat (9520 Kenai Spur Highway) from Rural Residential 1(RR1} to Limited Commercial (LC}. Application submitted by Franklin T. and Kristie L. Wortham, River City Dental, P.O. Box 1284, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 2 Carver reviewed the staff report included in the packet and Bryson opened the floor to public hearing. Marc Bisset, 309 Castle Court, Kenai -- Spoke in opposition to the rezone, noting he did not want too much activity in a residential area. Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the rezone and suggested a permanent variance be approved instead; she did not want multi-family dwellings; suggested a playground as a buffer; wanted to see the landscape plan; and, inquired about the future plans for the site. Bryson noted the owner was needing a conditional use permit rather than a variance. Rory Espy, 903 Magic Avenue, Kenai ~- Spoke in opposition the rezone, in favor of the conditional use permit, and requested to see the comprehensive plan for the site. Becky Espy, 903 Magic Avenue, Kenai -- Spoke in opposition to the rezone, noting she did not want retail businesses in the area. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the rezone, stating it would open up too many options for the property, Robin Wright, G04 McCollum, Kenai -- Spoke in opposition to the rezone, stating she did not want a strip mall or mini mart on the property and her concerns regarding landscaping. Glenda Feeken, ReMax of the Peninsula, IOf 72 Kenai Spur Highway, Kenai - Spoke in favor of the rezone, noting the City code provided for a buffer strip in the landscape plan. Franklin Wortham, 47586 Grao.t Avenue, Kenai -- Applicant, stated he had met with an architect; wanted a buffer with playground equipment in the back of the lot; wanted to meet with neighbors regarding a comprehensive plan for the lot; and, wanted to build three to four professional offices, each less than 3,000 square feet. Kristine Schmidt, 51.3 Ash A~renue, Kenai -- Spoke in opposition to the rezone, noting it was an example of spot zoning, thought it set a bad precedent, and suggested a conditional use permit rather than the rezone. She also noted the sign for the application pasted on the property was too small to sce easily. Clifford Smith, 319 Rogers Road, Kenai -- Stated he believed highway frontage was designed for businesses, thought the cleared lot was an eyesore, and wanted a more attractive use for the property. Fatricia Falkenberg, 399 McCollum Drive, Kenai -- Spoke in opposition to the rezone, stating the highway was already busy, noise was an issue, and wanted the axea beautified. PLANNING 8v ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 3 There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to continue PZ08-52 at the October 8, 2008 Planning & Zoning Commission meeting. Commissioner Brookman SECONDED the motion. VOTE: Romain EXCUSED Wells EXCUSED Twait EXCUSED Br son YES Ro ers YES Brookman YES Koester YES MOTION PASSED .UNANIMOUSLY. BREAK TAKEN: 8:03 p.m. BACK TO ORDER: 8:07 p.m. ITEM 6; OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda items of the Council meetings of September 3 and 17, 2008 (copies included in the packet). 9-b, Borough Planning -- Bryson reviewed the agenda and actions taken at the September 22, 2008 Borough Planning Commission meeting. 9-c. Administration -- None ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Kenai River Center Permit Application -Michael Blair 11-b. Zoning Permit (9/ 10/08) 11-c. Notice of Absence -Commissioner Twait 11-d. Notice of Absence -Commissioner Romain 11-e. Notice of Absence -Commissioner Wells PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 4 ITEM 12: COMMISSION COMMENTS ,&.,QUESTIONS Rogers -- Noted concerns he had regarding the rezone discussed earlier. Koester -- Suggested signs announcing public hearings be larger and brighter. Brookman -- None Bryson -- None ITEM ~.3: ADJOURNMENT MOfiION: Commissioner Koester MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8;1$ p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING 8~ ZONING COMMISSION MEETING SEPTEMBER 24, 200$ PAGE 5 ba STAFF REPORT To: Planning & Zoning Commission Date: July S, 2008 Res: PZO$-41 GENERAL INFORMATION Applicant: Katharine A. Pool 398-0332 Madame Wench's Galley P.O. Box 178 Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Assembly (Large Fair) Lats 1, 2 & 3, Beaver Bluff Subdivision 4736 & 4760 Beaver Loop Road 04905006 & 04905011 RR -Rural Residential :~ Residential Rural Residential General Information: This is an application to hold an event similar to a fair or farmer's market in support of women in broadcast and a local radio station. The applicant describes the event as, "The Wench's Faire intends to be an opportunity for our community to come together and support not only women in broadcast locally but also public broadcast radio. Located in between Kenai and Soldotna on Beaver Loop Rd. will be free food, music, entertainment and 12 booths for a variety of educational and shopping purposes for the entertainment of those who attend." Attached is a full description of the proposed event. It is noted that licensed and bonded security will be provided and the event will be insured. Port-a- potties and trash containers will be on-site. A drawing attached to the application shows the planned layout for the event. The plan for this year's event is far September 12"' and 13'x'. At this time, there is not a plan to hold a yearly event but the applicant would<like to have that option. In the Land Use Table under Miscellaneous Uses, Assemblies (Large Circuses, Fairs, etc.) are listed as a Conditional Use in the Rural Residential zone. Footnote I S is listed as PZOS-41 -staff Report Page 2 a requirement for the Conditional Use. Footnote 15 states, "Allowed, provided the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and ofd street parking for the use shall be located to prevent traffic hazards on the public streets." The proposed lacation for this event is off Beaver Loop Road. The parcels are zoned Rural Residential. The applicant owns three adjoining parcels containing approximately 6.8 acres. Aerial photographs show a single access to the parcels via a long driveway. There is a large cleared area buffered by trees on all sides of the parcels. It appears there are sufficient trees along the perimeter of the site to meet the required 30-foot buffer. Beaver Loop Road is straight in this area and access to and from the event should have clear visibility. There should not be a traffic hazard created by patrons of the event. KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a farm which creates a stable and attractive residential environment. This is an application for atwo-day event. The use is specifically allowed as a Conditional Use as long as the two conditions in Footnote 1 S can be met. These conditions are met and it appears that the proposed event should not violate the intent of the zoning district. 2. The value of the adjoining property and neighborhood will not be significantly impaired. This event is a planned fora 2-day period. The value of the adjoining property and neighborhood will not be significant impaired. 3. The proposed use is in harmony with the Comprehensive Plan. The area is designated as Rural Residential in the Comprehensive Plan. The Plan describes the district as, "The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home-based businesses may be accommodated within certain design guidelines. " The Comprehensive Plan provides for development policies for growth and change in the community (City of Kenai Comprehensive Plan, Page 26). This is an outdoor event, planned for two-days, and does not include any permanent development to support the event. These types of events are not considered in PZ08-41 -Staff Report Page 3 the Comprehensive Plan and should not affect the long-term development of the area. 4. Public services and facilities are adequate to serve the proposed use. Public services are adequate far the proposed use. There are no public facilities fn the area. 5. The proposed use will not be harmful to the public safety, health or welfare. The City of Kenai Police Department and Fire Department were asked to review the application. - Police Chief Kopp advised the department does not have any concerns ar objections. He did add that once an event has been held, they would have a better idea if there are issues that should be considered for any future events. - Fire Chief Tilly advised he did not see any problems since the event is being held on private property. Chief Tilly added that if there is a plan to hold large warming fires, a request should be submitted to the Fire Department and the Department would process the burning permit. b. Any and all specif c conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. There are no recommendations for the issuance of this permit; however, the event must be held as described in the application, Public Works Director: Not available to comment. Building Official: Na building code issues. RECOMMENDATIONS This is a request for a Conditional Use Permit fora 2-day fundraising event far public radio. The applicant owns three parcels of land off Beaver Loop Road. The property has sufficient space to accommodate the event and provide screening from the adjoining properties as required. The Kenai Police and Fire Departments don't believe there are health and safety issues related to the event. Because this is a 2-day event and doesn't involve long-term use ar development, it appears to meet the intent of the zone and is not in conflict with the Comprehensive Plan. The applicant has specified dates for this year's event. At this time, it is the intent to hold the event this year and based on the outcome of this year's event they will determine if they would like to hold the event annually. It appears reasonable to allow the applicant to hold an initial event before deciding whether to hold the event annually. PZ08-41 -Staff Report Page ~} Recommend approval with the following requirements: 1. The event must be held as described in the application. 2. Prior to the event, the applicant must formally notify the l~enai Police and Fire Departments of the scheduled event. 3. Review the permit after the initial event to determine if annual events will be allowed. ATTACHMENTS: 1. Resolution No. PZO$~41 2, Application 3. Drawings ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-41 ttietr'tyof CONDITIONAL USE PERMIT HENAI~ SILA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Katharine A. Pool -Madame Wench's Galley ,.,, __ USE Assembl ar e Outdoor Fair -Wench Faire for Freedom of S eech LOCATED 4736 & 4760 Beaver Loop__ Road (Lots 1, 2 & #, Beaver Bluff Subdivision) ,_ ..._ (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04905006 & 04905011 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: Jul 2 2008 2. This request is on land zoned: RR -Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following speciFc requirements and conditions in addition to existing requirements: a. The event must be held as described in the application. b. Prior to the event, the applicant must formally notify the Kenai Police and Fire Departments of the scheduled event. c. Review the permit after the initial event to determine if annual events will be allowed. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: August 13, 2008. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED ASSEMBLY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October S. 2008. CHAIRPERSON: ATTEST: Postponed: July 23, 2008 Public Hearing/Postponed: August 13, 2008 U~-yr "~c'~f~ e wct~ ~ Past ~i ~u~t~t ~ ~~tr~~e" r=te. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ - ~`~-U~'~ `4~.,., Telephone: 907-2$3-75351 FAX: 907-283-3014 ~~~II~ _~ - --- - ~:r;_?>,: ~ ~~ ®~ 1992 the ~~~ ~ f .~~ll 2 2 ~ H#NAI~ ASHA ~ Qo~ i ~ ~~ ~,. CONDZTZONAL USE PERMIT ~r~ D~ APPLICATION Date: ~ ° ~~ " Applicant's Name: Kct~-'~ctf i r~ ~ • ~ ~ I Phone: , aC~ ~ -°~ J 7 Business Name: (~ a Mailing Address: 1VV ~d 1X1 ~ ~ ~ ~~f t!-~ ~ C~ Street Address: (Where permit will be Legal Description of Property: ~D from.) Y~-t~ V A ;Kenai Peninsula Borough Parcel. No.: ~~ ~• ~ ~ V1~ ~~? ~- ~ $cuk.~,^~' ' ~~ ~ ~ iC~4/c~~C~~ '~-? City of Kenai Zoning: 1` ~ ~ t~"~, n Provide a detailed description of the proposed use. If the space provided is not su££icient, attach a sheet to the application. ., i,~ ~. The followin information must be rovided before our a lication will be of submit i re~c uidr_ed__ ~formation~x(Check each box ~h our,application until it con,tasns al at applies and attach the nece sary ~iufvrmation to this application.) # I atn the legal owner of the property. 1 ^ z aaxr not the legal owner of the property; however, 1 have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. [~ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected praperty. Plans must show, at a xninimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be xented.) ^ I have paid the appropriate fee. **~~~**~ I have reviewed Kenai Municipal Code 14.20.1 S0, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ~d The value of the adjoining property and neighborhood will not be significantly unpaired. The proposed use is in harnnony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. [~ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ! ~ - Wench Faire~or ~reerom of Sp~BCh Katharine A. Pool. Residences address 4736 Beavex Loop Rd. Kenai, Alaska, 9967.1. Mailings address P.O.Box 178, Soldotna, Alaska, 99669. Home phone 283-539Q, cell phone 394-1569, message phone 398-0332. The Wench's Faire intends to be an opportuxuty fox our community to come together and support not only women in broadcast locally but also public broadcast radio. Located in between Kenai and Soldotna on Beaver Loop Rd. will be free food, music, entertainment and 12 booths for a variety of educational and shopping purposes for the entertainment of those who attend. A small fee will be xequired of those who want to do any vending and that money will go to the public radio station. All funds required to put on the Faire will be gathered from sponsors and supporters. Donation baxrels will also be available for collections in each booth, near the stage and grill area for patrons to use in appreciation. Chef and Radio Cooking Show Hostess "The Galley Wench" and Madame for the state of Alaska's chapter for the International Wenches Guild will be the one offering this event on her own personal property. Katharine A. Pool has preformed the "Galley Wench's Cooking show" for going on 5 years and has a solid group of listeners and supporters and this is her way of thanking them and the station while helping to create revenue and publicity back for the station and the show. Booths will consist mainly of educational opportunities such as dog care, training with demonstrations put together by the Hostess of "The Dog Shov+~' and broadcasting information booth hosted by "The Bearded Scandinavian". Vendors will primarily be sellers of costumes and other Alaskan made products similar to those of farmers markets. ~ - Licensed and bonded Security will be provided as well as insurance, port potties and sanitation. Plenty of parking is available and the police department will be notified of dates and times well ahead of time. A large Outdoor grill will be cooking food continually that has been donated so that it will be free of charge as well as beverage. All this will be brought together on September I2~ and 23~ 2008. Because it is scheduled for late in the season tourism should be slowed down and most seasonal work should be corning to an end therefore having such a festive occasion would probably be much appreciated by our community. Q `_ i +c9r' •:9 . ,Y{3 .. _ il((~yy~~ . i ., .. J:~t '~':4q'i. ~ %:3tN ~9ri~fiFS?X't.ia~'FL'')::^„ ~i' .t ,:;f.~ !~f . e'?3};.a ~ t. ": r ~ t ! ._ . ~;; i''" ... 4`9..`' .. .tl;:; : ..,x: ~ s,a :..:..:r ~ (x:.n~l '4b:~ ..9~3. P ~.r...;. r.:n.. :t .:,. .. a ^Ei+a; i iy .>i °::~P's9ri'~}'3?.ar; i:~ :.. .:... ........_., .,.y.5.. ... _;. ::. ...... i',a .i f•%>tE's• °.,~~~,,., b !. .. ;< 9.- _.:: ^ e•. t iq~aP .:. >S • ~~~ ~^.a'..: RF :n aii:~{r:Pi' 7s> ~ :: ia;r;~~ . .'~ 1~F9 :: °: : 'f PI ~ •<'` EP~"f` ~ i~~"£T e 9 t•9~i.:ad:, _ ~P!<:Fe,Ei~;}~' ~ •. ..~.i€S?7y: ~#"r .~• ' ti 'F L . • r. ry• w:.: .~•. ,r,:' "~~ :, E~... tc' ~ . 1:r' d .., • 99: .. ... Y.,~ b.5 !°ryA. x,..t;k-`>.}„ .. ~~?SS ~5: .'. a.. ::5:.~:a:.^. t'.:it'. :. A.jf t .t73k~. +1 Sp~r~yy~'~~ ...... ....... 9ia.y...~•.:: ••.v.r ~ . 1~t :'.. a .F, x Y. : s` ' ' ' ' ' ' , .. s:'r:r:..., r ..............rl:e'~,~.:.;I .4...,. .-. - :.: ~ } ,~. e_<;:, ;,.,. a.. ~ . a :'~ r :. ,.,:` . •.t a: . ~[~Y`4~ "Y ~1~ .. • .. . ^.::~::EtT{ :.:,1 . v k5f. .A.:i:::.v: ','.% • .i.:~.. ~~ ~; w~ ~ ::~~,~ ~:]:Ea.~ ~ 7 ~r .. g. .a, .ay ; . F•: : 7, %:" : ..» .,.:a ; •. w g 1 .~ a _.4• RR ~ ... • . :, a : ~. g. RL as.: ~r,•r . iF i.. ,` 3i `E °: .iai '1 ' Y • :.k .Fi %#.• 4 i .. 'is•[ `.My .a.~ ':11:;E: .,.'.., qF,i:. F :...f 'Z ° F 'a:.: r~ •.-.: •:'.: .,. w 'f'~ ' ~ } ,.., >.,: •: ... r .. _. . ceEii.9:, [ ~ ~ ~c p • a - '' '! .s.~~ t.i<ii ~ 'SFp ii~`~'Y. r..: itr~ .~~ ~9fi -.... ._ :t.., w~:~ 'k :•:x ::":'. ' • 6 m•6ic t~ :;3.:E9c6. i+i ..° ~:`:4. .-. ,r ,v.:a .Yr' ~..':"a°x;:'.', rs:9 '. Ea ;S •• ^ p~ x:: x:~ t. i•K }ij:F.°,i;d„ .3,,e, to ~,,;a;p~ L ,~ ,., E .3. ~ a ° I,r >:i .i°` :, s a:'e x '.: i'.1P3 •' 't : 3. . : • ~ • ~ . . ..~... .G:e BE ! '. r .~;apy. '>r. '+_ ~ - ~ .. y -E t': - r 'P . :.. R t ~Y ::::d. ~1r'` a e : i~ y , aa ' , ... .i 1 ' S • F . Yld:, , , . 3 ;..• ~?.e:~: FF.E'~ ~ F~'P:~ Y , ~ ' ..:,.a:.....^,t ~' ? a s* '. dP x:F'Y .. ~. 1f ..q~ i` :4 : w ~' ' r~: a :~:s F... Yd (( y f w t ~F•: :.~ r yt~ : ~`} i:l f7 f . .l--:> .... ,.~.< , .,, , . . i s;.Ss~.F•a~S..':.' ~ f'a @ -. x .Y' ! ! • s, ;;'~ "~~d,"i%c': ~y:~ . iL . ::~ >:•Y. ~;! :.:s>r,.;il.., , . ' .., a 1,~ ,E(s. a , ,,dF .. ..~.. +xs 9, aql y pE . ~ . E,:ya:: ,c• ...'?: ~ :: .. •: . !'.i: sae .. g., +J F E ..R.V. ,,~~ :rR~''~'i yy~: r:. E g '~ t. ~r~vi ~`t'~e a3 '. r 4. °` .. Y .. Y Y ~:~?~:.~sFe~~~ 11~~ %'~ 7k._T~'•. ~~1d~:^: :`~~ 1t.°.'t•'~i'q. kS •:. ~ a ''::: Sb.~s4,~ t : ••: i•:.ry i, _ !~:i h -t t> 3 .xr 'S Y y ~y ~ y£„ - r. ~,.¢ ya ~. Y ti x > h i a E '.~t vr,~' ~.tti.. , Pd .y~: ~,~•Y.' ~}F, .a a•k: a 'p~"y L ~ gT • . •,Y t.+p~' ..: y. ~ }i •n;r a°Fr F4`„' ., s .Pp' .: ~r i ii.y. ~,r t R ~'v~ F}l+~E, E, t`~_e Ptp~:. ` ~~ +. 3ya S~."y: R~~ :` z. ~ ~*.it~v.;:..5 E s ,: , . . .. F ~ NNNS~ 'y ~ 5 % ~ 1k ~ ~ a v _ .:" 3 3• ~ a a e.~~ n s`-I.:.~~ ~~ -. 4 [ k t•.M 3 +f'•.r i 4,0 :.; is . ::#~ ~ ~i: ~~~lli a7~' ~. `2e,° .~ ~ i ,<iw ~ ,~is•. ° . c :t ~=•t ,x, a F, ';;'s[ki :i'.i'r`F.~~':.~~t ..., .f}, E "xx3p a", 9~'y.}.° ';i . `' E 'F fffiii. , ` ~•°~ x}'r"•• ~ ' ' • 9 9 c~ { E.. E y ~ t -.~ a ~ Y.. "i' at~ ~ ... m ~ E , ~ s 3 rlF},;:5 • ~ 'fE. •'S~[]`.~ •ee ;~~ «~f'. ~ ~ • i '1~ . a'd •,ur.° °T. :~ i a~ ! 'yx a s y k i x E ~ r 3: ~ + ~ ~t ~ - a ~ ~ ~ .. F.a ~ Y°• ~3J' 4i t~ r ~ ~'4'a'". :: S.r °r a~~, ~cj '~!i w:Z~ ~I a•~ ff v'~m:y~' Ft~%~aN fFT~. ;n dw~~`:i ~Y.~€~Ri~f~~~~ ~ 9F~ r -e '' °. ' -'r.u. ,r:. , <e ,G'e''L JF' : e~r97 .. :^:•.' 'sf rF. 4 ~ € x , ,x3, ~ , ~.: . •C ri~~"la°~i ;L~}'' ~ "} ~:Y K A" ' ~T ~ ~ >tini•!t [ ~ 8 ~ r ratV [ ~ tr Ai ~ ~ ~da` ?ri i' a -' E{ a ~-. f3 b 7> - 'q 1 ~ a + iF ~. g z ! ~'9 s r ~ ;9.3 . ~ ^'rt r,::' • EEE ~'s!._,k:if .r's'... A :nt a l..~ 1 • S..!.E „~,1 ~y., 'A °•5y a •: •_7RaF rd'v?r a: ~~ "~s . ^ •. . .3 i [.: '^'f: ' i ' • :.F ^ ~ . . ,{ea 3a 1. ~ t.s ... t1 ~ ~ fix &~• b - at ''1saE=a. R'i p't e ' ; ~ ,y y,! F $ d r :~. z a R ~.PP A F ~ 1 a:.~ r t:..R tEEY'3.~\. 1 ~ Y y ~ = ~ . .. : 4.31't~'` Df 4R x a q, .d•5:: ...:.~ i. ;%;~' ~d ^.,;~~, ., K ~ ~Ff~Y.f a ~'~`.~{ ..,. astl ! ',tY':'.:::. Y' 9~.i.'.•L: ~'.'.h2F~ 9! $ ' 9' Ct5 ~ - 'w ~: a ~ { i{' ~ . .: ' 1, IS R t /1 .~ h ~ E }, f 3.'Y ~y a11•: f A. ~~f'A. ': [ ffi }' ' ~S S.i ~\r e 1::a%S '14'. ~ 9~ I ~ '. u ^ t ~ P~j ! :t $ ' a~t•~iT f ~it :d~x'r. »P~ ~~.: 3: " aRa'v5i ~ 9°.: i' Y i3 r n'R\^` :t :f ~•r.'i~"r-.: ,~i~x: ~~ F i E ^.:f' F P, eY• '~ ~# F % 'e'9 ..: -, i '~i•. i ~ .`. ~~ ..k.a~: .t:, ~. l 9 ~ i Yd :t t ~ ' . .t i ' ~ -~,- P t G :i' .t Sn! y 4. •aet•F :P`~1: •' ~L .a>~:.. T.~1.:':t~'•[ r: i;;.E3 °', x~ ; ~ ..Yt!ii6. a f ~• j.. ~.:'L: `. : i ~ ~ e:~ ~.t ~:::"•~vvv ~}Fh' t .~; 6 ~ i;;!!':<, ~ f•- ~ 1. ::>H :~ 1 ~' f ' Y "~ ~ t J+ 8.ry, - 1',. ~'c..£ r - b >~ ti a :e, pi i 4 Ssp(pvr. a;. :' E L. ~:3.Y'.<.f~ti :E 'tl ~ . : ~: . . ~ ~' ,. f t' P E.:;; w . Y `xi~"': 3 t' . •v'i6.Sw ' ' : . ;~r ,} rY -S ~9, t E ~P kiv : .a i; .,fix ~ .ry,:~f. ^y , y. .• ..~ 'F E•'" :. Y s err M ,1 psi i ~ , n. t~i.~,~ % iw> : ~ ~ ~w:'.4N';'~ [ ~ ~i ~'•~, c ~::dY..e~' ,, _ s , E , 8 £ t.? r F • c r f za •• F -~ § ~ a y : ; e. °' a Rd ~ ~ i 3 ~ ~ - ( - i :. 3i y a, f,•if, `fir r 4 .F~'w~ 47~' :., f33•~1 2.' ~'`:..} '% ;:.} Y , ' t~3 F,~( f• ~ tl §._ y~ zf t ~ f ~ tr ~E F r •a~ f i9 ~% p;.}.: ati~.'~~:. ~, ^ l 't:., k . .1f 'V R ° ~fEf • ' §La 3 t ~, F i t - s3 :P-a < s iA ~ r.- s.. - t" ^ra. y~, y-,:..~e,'~ } 3 6 ~`. -~, !ir . ! i., t..a,, } ::Y' ' I' t}:.:.F t F > ' ~M P,iL ~ . . . p <.. yy,~~T9 ' R .?•'.ir. 3 (. ' ~' TY °~ < ' ~ n s ~ • ~ ~ - 3. '~ P''' s• M ' ~ -~~ ~~ , .~~.'c: '. e> :1, ~~)~i..:, r~,~~ ?, ~ : ;.^ : .L' "r1 • • ~ ~~ r ~=:.y, ' r { ~,F .w .R tYi ~F Y ~ r+• 4 RY, r ! P? ~[[`F;i ~'. s ~'~ ?d$~ 4°{ "' f ' :y:~d f ' a ; ?c.~{ ~ F F ~`',, 9 r 3'4{ f 1t d p ~ ~ . ) ,., ~; . a . ~;. d t+u: A~S,C i § . . . . ~ a..;. .., 3 si .., AR;! dG'c..::i F'i: f 5! 9 ! E ~~ ~ L a. ' r }'r; ~ xe k.~'.t.t J toy, Y ~j ~~ i P~ ' ~ ' ~ . f ., ~~. 3 ~.,::i',':•:1 ~ f k.,~ ~ .F:.ai'•:71° °a " . . $ . r 9~ 't' x ~Z''.irt ra°.. }~-~ ,,'. e i„~_,~ Fr,~r'o, ~: '+':'}y.°l al ~ '°' ~ ~ S., t ~Y<u 'Y• ~ ~ Y •a:.r ., ` • V ° ~'~~~ 3 4t . k' 'y'm t edc i"Y E.•:' `: . 9. :gip. ~ .~+~'~~r' ^ b r $. [ ~ x ~' i~' ~ 4a : ~ ~ f E:Q ..s . ~,~~i~ °:~,•". +~' Fx~i:: ;n; S~E M ^ . y~'.. .^a . ~ ; . ; a ~ • is a ~ :t$a3' ~ _ ,ecssr ;9..4. `} ye t y . •3 ~!1 ~3 ' • i { " f g t'. l~'. S~ '.41~ t :/r•h r ,c a :; 3" ' ' uF,3, ~ i rr:' - -c d . :, r~ ,fie, :x~f~' .f• 7 t =`'a. ~h 4 r '' m<aty''!.~` } .... • Y 'mod ~`. i ° ' ,r ~, ;:gqa~: y •~',R1cY: ~5 E.3 }~ey~~ $ Y . '• ~'4^'• r ~ ~ '. _ ~ C. ~,;. - - . :l { A a l~l~>!] ~:~e.'~' E• l' ' '{^ eF F i y.. ; r'N Fy T T L t v "t T *r h : ,,,'t ~.. :`r':A /~, ja ; 'i, r~... fit `. as: .. :''.an^p'S'. ,.a i.:a i:.' .'~2 %.:e.R r ~ ti. JLt 7' : 'R • r .3 , . ,3, i { .] ~ "a.•a !!. 10~'^:F .. ~ N".;X -6 L R ! . b E ~r - , f~: d $ -} ..L' ~ 3` d x, i6 '.4' a [r ~.a.:,.:..: a F ..E _~. as a 5 `i E I t .. . .~"8 E• f . i. ar : 3. ~. ° ~ ,a + -. x '. Y.~ ,. ~ ^~ s , ~ .: ~•Ndi F.~.6... 3. -: °3 ~• 9• It ` 5~-z•.4 P ' ' ~ ' . x x °4.`t' ~ P P a ]'> 'F '~C.:r... r••y00: Y _. ~ 3s.~dt°€i' .,,°Fr.'.::.rc'eP ~ ~ ~'' n ~i ~ ~ • ~ ~^ .f ~'i~ fit', /~S h ~ .. ] p' ~~' 1, fi . >~:;i9 .rats • ~ 0.,,rrFr^'y ..,; .,t ~f ~p• 'k, " d.S~ 'C y .? i .: ~ i F - .R a °,°ffr ~ g ° - t'%;i "iF sI ' a<t`~`~ ¢Kr f.:R R' a'R • .. S'i't a e.^'q. .a!~t:R;~+`i:•'ri aS.~i'seF°.. . A`;k.i'~g aa,•r a : 'fit sA3, :'+ ~ 4 ' E ::~•::;d i f3 5 4 t ~., ICI t.f,r' - F.~.... '!gs':2c : ,.'.;4a....,rl"• t•; ~;m * aL .3.f, 7l fStL k'' .3 hy~ y. .~ +"t a i..: 4'A ~ 4 y 1" t 4 r.. o . . t. ~ _ ?x .i€.:sv "k fl a• , t yt, , . _. ;"r.: r..t:'. •!!'t 4.'''a r`Pe: :3 •`~: { it .i s°. , Y ~ r . :' g:u • y; .. Y~4..irl~ ii~~<' ~,g~pF. ~'~'i? ...~ • Wxtt t. ~~f; 9,:i~i ri ~~~x ,'d'r• [~y~. ~'} ~ •. 3• i'•:'S~:~'fhv s .I;. ~ K e 11 'i~,x :.i trl . e ';4.°:i:- ~i! x is•1 •:x: 93'=::. r ~ t' a Fd,, f a^x,i,. i :i^r• s~: y,.. ~i.' S3f: ., '.7.R.e.` .{::i• s:F. ~~3'.::• r-tk', y¢ •~ d.i'::.P •E: i'a':a a :'er . ..,.:. i:=i^y':. . ,~ :., ~^ a t t 'z+ ; { ~S~~Nki Y- _: ° %'y b;` ~ .. ~i ~+ y S °~ f ;.• t: s.:iF: e! - <'l}..~~?.;< . ..,~~y i. .air ~':Si':sfP i % E t4~ ..a .t , ' . ^:.: r .t ., . t a: ':~d:• }f .-^".,:•,,3i.•;.. ~~; ` ~ • ; ^}Y,, Ya _.i ~r s av.3 s J ~ ', •:i ~~ ~ f a } p ~ 9:.;=bt •ti~a~vt ~ ~ p ft•E' yr} ' . "i:v`..e .. ~ '~iYr aE P :: ~ y, : ~r..: ~ y,' ? ~ ~ ' t~ ' ~ ..~E F L R. " •.r. ~^` , <. .`~, .. , :.+ x ^ ' = ~ : , :a;c~••ni .zi e^`Ct. ,. .~k t § fa }.<'~: +n',,~y~yy~~ ~y x` fi riu~~~nft~~.,9F.' ~,'~ryg.,; ~ /[ l l " ; _t . , Vt'r.:. r -, -.E }• ( t.$:)ac E.r.~3 .rw •; ":'`'"T ~~ R 1 ': ~9 :~.. 3'N ` ,~ ~ ~~X f ~~ yi • :~ 1~ .^. r E~i: .t~ •i 3 ' ' • JYIS y1~! F}y3'a't-99;i.C a. :: ~ ~'y ` `i ~}~`3~~' • i:.Y :- r u .p wr eS :•' ~~ri ., i1jY9. ~t ..~ ~' L ~ , :.: K,i< ~ ,tl."f 1 L5.1 4 -. .. ..~~CC. tYY~ b: r: yy 'y ~99 1L~'A• ~E:' aY:.1 t'V ::y/ Gw.i.3.a ~y:'.'~t`: i'"iiF~t~ 1 g Si : :' :~ j n ':' ~ ~ •. t M 99~ :l. 4 ~Qa :.~ r '~. 9 Y cyy~ , S 9a Y ~e'Fit.S3.d E: ~ 3 ~ i ~;". y <~<, Y ~ Lb'j .'~-'.9'k: f E'• Y Y ~ + F ~~5 ', t. ^:l.t `~ .` .'i ~K~ •' • , .)'^~ Eaa ~ ,j}u~b....:i~%: .4Tti~ r°i .S„ S t" ~t~A ~Y~,Y ~~f'tl : E d ~ iy, ~ 5 S~ ~ ~ r~ ' Y ' , i;.•1~~ ,9 W l,,~fl•, ~'<~ _tj r~:~3z$F '~'6^fry ~, :. ,.a )•i +ft ..`A. ~,^ ,t.. ~: i ~: r . : ydi i`~ f~': ~E ! h t ~ j I : ~: i ~ - ~ ' n t 4 S S'>E:.,l•y'.4:1 {,node . }~'. :..~{ " •cx.:.` rEy..'.;. ~~• ~ SG.CP 'F 5 .. 7~ k'. ~' I. ~ 1 I A ~ 'tS F 3 1 t t ° - •''•• S d ~^.d t ~~ , y 1 a~ ..• x:~ i\:a,s:~}e54b' s . ~» A ..., t % .R'~. . :~ i..•a~ ti .''~,.`4t~ ~;: •`. ..~ ~ : 't# f. 3 ":..... k E .a2, x} fi ~r L .,... ,dt. ..,.. ,. .) •°Sj+i .. f'te i.'E r: ~y , C i.. :, i :::' r iy 8 t •f -~ °'j ' :f.:.v,: •' ei5 Fs ~ C~\T'::iY4.A ' a :.N::.: r;..., s •'~E'.l: Y6~"•.. :•~ 9 ~ ^{ ~~~5,. .3 ° ~3 f } • ~ ' a r W.: e,.~rv~ P: •. ~ 5 ie ~f a C - ~ c ~ a'` .y { t ~ ~', r f ~ y t'3 i -- r Y '~ ( y k R ' _. ~ i :. -::: A ~d E: . Y 5 '~ 7r` ~ ' 'FY. ~ n, a ,~j §c yt~ X...iF,• r~: y. ~yt e~ -- p : } `Yp~e . °a": ' 4 _ _ .J. ' .IA':!4iV: x'!`F~'RFY,I~i t~9kA'}~fi5nv~ ~-g, y ynd i gi ° s ~ ¢ °! - ' a - ~ 'a - i ~, 5 s4 x: '.:{;: '•i 5 t 'E:; y F „~ f a e ; , g~Y4Et ' Y F ~ v e. ~ , : : d{c , , } ~~~1a~3~'•tg ,~-.5a ~ S F ~ ,; a i t - - C~lf~ ~ ~ ~ s` t¢._ t ~ ~~E '` ^ , {:a ~ ~.g y P*• v> ,s '3'~ , ~ ~ \~ fP ~ $9' ;`9~. 91 f~~ 3~Y'£ # t a.,'`~4tt.,t.vy. - .: . a a ~ ~ ~.~~ Y ~.- ~y'6S f. 4' i~'~'~ t~ ~. ~C.{ 9~ ~ n ~ i . ,- - . 5~ . e 4~_. . ~ 54,w~ a ~. - "ar tr `~ f}S 5.-d. < < .- , . - . :: '~k ' ••. 11[. 3a, a, ad a, 3t ,=~e ,. ..t t I Y t ~ ~ '~ ~Tj F _. , . _ .. _.. , An ,... , ~.. _., ,,T ,S~ 1. •r. x:. 4`i y, ~ f t P~yrY ~~ 1 r~ t. 4 ~ ~ t~ . h'•s~ ~~' , ' -4~~`~'. _--_ _____.y.~ __ _ ~~ tl~e city v KENA1~ 1 MEMO: "~/ij~a e wit~t a Past, Gc' wit~t a ~r~t~~e" .9~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~fd Telephone: 907-283-75351 FAX; 907-283-3014 t ~ ~ ~'•~ 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: September 30, 2008 SUBJECT: PZ08-52 -Rezone --Tract A, Papa Joe's Subdivision - Chumfey Replat At your September 24th meeting you postponed action on the application to rezone the above- referenced parcel from Rural Residential 1 to Limited Commercial. The motion was to postpone until October 8, 2008. Since that meeting, the applicant has hired Peter Klauder, Klauder & Company Architects, Inc., to prepare a development plan forthe property. Mr. Klauder has requested an extension of the Commission's decision until the November 12`" meeting to allow sufficient time to prepare the plan. It is recommended that the Commission postpone action until November 12, 2008. STAFF REPORT To: Planning & Zoning Commission Date: 91'i O1Q8 Res: PZ08-52 GENERAL INFORMATION Applicant: Franklin T. & Kristie L. Wortham 283-1420 River City Dental P.O. Box 1284 Kenai, AK 99611 Requested Action: Legal Description; Street Address: KPB Parcel No.: Existing Zoning: Currenfi Land Use: Land Use Plan: ANALYSIS Rezone - RR1-Rural Residential to LC -- Limited Commercial Tract A, Papa Joe's Subdivision -- Chumley Replat 9520 Kenai Spur Highway 44508025 RR1 -Rural Residential 1 Vacant Neighborhood Residential General Information; This is an application to rezone Tract A, Papa Joe's Subdivision -Chumley Replat, from Rural Residential 1 to Limited Commercial. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one {1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary." This subdivision contains 2.97 acres and meets the requirement for an amendment. The applicants would like to build a professional office #or Dr. Wortham's dental practice. The long-term plan would be to have other professional offices developed on the site. The Rural Residential 1 zone requires a Conditional Use Permit for professional offices. The City of Kenai Comprehensive Pian {Page 37) recognizes the issue of neighborhood concern relating to commercial development near residential areas as conditional uses or through rezones, particularly along the Kenai Spur 4852 Comment.dac Highway. The Plan continues, "One of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses. This is best achieved by zoning sufficient suitably located land far all expected uses, then adhering to the zoning plan." The City of Kenai's Planning & Zoning Commission and City Council recognized the issue of development along the Kenai Spur Highway and developed the Limited Commercial zone to provide a transition area between commercial and residential districts and allow a mix of low volume businesses as well as residential use. KMC 14.20.115 -Limited Commercial Zone (LC Zone) -- "Intent: The LC Zone is established to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts." The Limited Commercial Zone requires that developments meet the requirements in KMC 14.25, LandscapinglSite Plan Regulations. Included in those regulations is the requirement far a buffer separating commercial uses from adjacent residential properties. Building Official: Rezone would cause no building safety violations or concerns. RECOMMENDATIONS This is an application to rezone approximately 2.97 acres from Rural Residential 1 to Limited Commercial. The applicant plans build a professional dental office. In the long-term, the hope would be that other professional offices would be built on the site. This property abuts the Kenai Spur Highway and Cinderella Avenue. The property is across the street from Kenai Central High School. The previous owners attempted to develop this property by applying for Conditional Use Permits for a retail office and then a professional office. The application for a retail office was denied. The application for a professional office was approved and then appealed. Prior to the Board of Adjustment meeting on the appeal, the owner withdrew the application. Since that time, the property has been cleared. The most recen# attempt to develop the property was by the Kenai Church of God. They received a height variance for the structure. For unknown reasons, the church was never built. Since the original developer attempted to develop this property, the City completed the 2003 Comprehensive Plan and the Zoning Code was amended to include the Limited Commercial Zane. The Landscaping ordinance has been updated to include specific landscaping and buffer requirements between residential and commercial uses. Page 2 0852 Comment.doc The proposed rezone appears to conform to the Comprehensive Plan and the Zoning Code. The proposed development will improve the property providing for limited commercial development. The landscaping requirements will insure commercial use is separated from the adjacent residential properties, Recommend approval. ATTACHMENTS: 1. Resolution No. PZ08-52 2. Application 3. Drawings Page 3 ~~,~~~ CITY OF KENAI __ -~ ~; ~` PLANNING AND ZONING COMMISSION .~ _ _ ,_ ~- : `'Y` RESOLUTION NO. PZOS-52 t~rea'tyaf REZONE PERMIT NENA~ 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: Franklin T. & Krrstie L. Wortham ADDRESS: P.O, Box 1284, Kenai, AK 99611 LEGAL: Tract A Pa a Jae's Subdivision Chumle Re lat PARCEL #: 04S06a2S WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RR1-Rural Residential 1 2. The present land use plan designation is Neighborhood Residential 3. The proposed zoning district is LC -Limited Commercial 4. An appropriate public hearing as required was conducted ,September 24, 2008 ., ,, ,,,.,_,..._~ S. 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, Papa Jae's Subdivision, Chumley Replat is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 8, 2008. CHAIRPERSON: ATTEST: Public Hearing/Postponed: September 24, 2008 ~rc~pc~~~~ ~~~~r~e ur~l ~~ic~rtti~~ ° Ica ~.imi~~~ ~r~~~r~i~l ..~.. ~~~~~ ~: i ..---~~ ~~~pl ~~~ r ~~ .~? ~: ~~: ~~ ~`~ `k~ -, . ~~ ` `~ °?as~- t ~' ~ - ~, \ 1 ~7~' era ~~!~ ~ ~' ~ ~` ' i~'v .~} ~ i ~ .,' ;: ~., .., xi ~ r S ~.. - `. ff ,~~ _'' ~~~ i , „~ _. _. _ ~-_ ~ ~x_. A .3~r [ 1 ,~: r,; 3 ; ~ r ~.~ ~+., ~! t F1 A F' + yy i~i ~hmr~.uf. i r..1 f ~ 4, +~i~k~~ rf k'; ~. ~ . ~~ NT ~~ f ~ t ~'„ S YYY ~. t,f`1 t i~ ~ ... ~ ~ ~ .~' ~k ,~. ~ R,y6 l.- FW ~ ~ L1Xi ~~.. i _ i r _ 1f ~ ~ ~~ 1 • k #1 h ~ ~''_~ ~~ ~ kn 7rh ti a.~+~ a~n,u~'n~ .u! d F /LL .~ I c r a3~S% r~ „h~r't'f~r t i2r lM ~„ ~ t ~ _~ ~ ~~ ~ a,n~', ~,~f,*Tra~ Ay~j ~~" i tires ~~~ .r~ - k c fi~~3~+~t ~` S k ~' a ~+ }r `ham ~,,~~ryy4 ~1 ~ d y+a! t^ik~~ .f(!-4 ~ IH ~'-F~ ~ " r~krF)P.`i ! ! ~ `~ E ~_ ~ 'r a 5 .ipi ~ %,,yr~'~kf~~ ~~ z~ ~ ie. [ 5 . k~ . ~~l ~ ~ s~1 ~ ++ ~L ji .~ ~`i i ~r` u~~,~. F~' 3~ ~ _ _ ~ ~~, + } a ~ i ~a +3 ~ `'' to .` ~ Q ~ ~~~^ ~ ~ ~k ~ ~~ "fib ~~ ;~ ~ ~ `~ h , 1~~~:~~~' ~~ ~'~ b - '~ ~ 4~ ~ ;, ~t~'t :r ~ „f ~.~ ~ i r k ~ ~ ~, . ~ ~ _~~. ~„~ U~ ~ °` ~~~•l ~G~ L' 1rU~t~? G~ ~aS~ ~il~ LVG*tf7 G~ ~G~~1~Y'~ ~r 210 Vidal a Avenue Ke a' g n E, Alaska 98611-779 ' .,~~'~~ Telephone: 907~283~7535 !FAX: 907283-3 l ~ I ~ ~~ Q'~s~ Ehe ca~ o f ~ ~~~ ' $ ~~~~ ICENAI~ SKA ~'~ PI.ANN~NG AND Z~N~NG A>~P~ICA'~'~ON ~~ ~~ ~6 Date ~ ~-~~ ~ Naive of 2. 3. 4. S. .~ 8 Business Name Mailing Address Telephone ~~~.¢ l ~' Email Address___~W"~-~r~C~, ~-~ • ` ~ I/egal Description ~ ~' ~;~~~ ~~~ ~ec:s 5~,1~~,'f„ ~ ~.~ ai,,a C1nu l,~ (A.~ ICPB Parcell~a, ..®'~S @(~,~:~' _.. Property Address City of Kenai Zon Application applying xar• (~narK permit being applied for}: © 'Variance ^ Led & Brealc~ast ^ Conditional Use ^ CUP -Transfer ^ Encroachment ^ Gravel Extraction ^ Haxne Occupation Rezone ©Townsite Histoxic Developmen# The Following in£oxsnatian must be,~rovided be~'~r~ your application•,~vil~ ~e considered for xoccssin Do not submit aura lication until it contains all xe aired information. (Check each box that applies and attached the necessary information to process this applicatian.) I a~n the legal owner of the property. ^ 1 am not the legal owner of the property; however, I have attached verif cation by the owner of the lroperty that I Dave permission to apply for the permit. I have paid the required fee ($100 plus sales tax). ,,- Attach adetailed descriptia~n of the proposed use, Review tl~e applicable section of the Kenai Municipal bode and include all information required by code. four the type of application. Incomplete applicatio~is will vat be accepted. Signature required alt bacl~ -~ S/1S/240$ PROCEDURES FOR PERIvIITS REQURING PUBLIC HEARINGS AMID NO'T'IFICATIONS Tlie permit you have applied for may require Public flearing and Notification under .T~IvIC 14.20,2$fl. The Platuling and ~ozaing Commission meets the 2~'~ and 4`" Wednesday of each month. To meet notice requirements, the Planning Department must receive your completed application ~I_... days rior to the meeting when the Public Nearing is scheduled. • Applications requiring Public Hearings must be filed no later than noon on the date of the deadline, • Home Occupations and Landscape/Site Plans do not require a Public Hearing, r Allow up to ~ weeps for the permitting process, + If required: o The Fire Inspection Report must be received rp lOr to processing the application. o The Affidavit of Posting must be received 2 weeks nxiar to the hearing date in order to schedule a public ..hearing. o Resolutions canxxot be issued until expiration of the 15-day appeal period, o Resolutions cannot ba issued until documentation is received that the certificate of compliance is met. the infcl~tl~natio~ provided is accurate to the best of my knowledge, Applicant Date WHEN YQU I~AVIa A C4IYIPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN APPOINTMENT WITH T1~IE PLANNING DEPARTIVIENT TQ REVIEW 'P~FE APPLICATIQN, $18/2008 Dear members of the Planning and finning and City Caunci€, I am enclosing this letter as a supplement and a brief introduction to my proposed project. As many of you know, T grew up in Kenai. I have been married for 22 years to my wonderful wife Kristie and we have 4 remarkable children Kelsey, Lacie, Tanner and Whitney. My wife and 1 both attended college at Boise State University and graduated in 1996. 1 attended schgvl at the University of Iowa College of Dentistry and graduated in 2000. I returned to the Kenai area in 3uly of 2000 at which time I opened my office, River City Dental. I couldn't think of any other place to live, work and raise a family. After 8 years of practice, I am entering a new phase of professional growth. I have decided to undertake the task of building my own office here in the City of Kenai. I recently purchased 3 acres of land in the City of Kenai. Currently, the land involved is zoned residential. 1 am applying for a Limited Use Commercial (l.C) zoning designation. Below is a brief outline of my intentions and goals in developing this land. P.i~~~ ~~ ~®f~s~~®rt~~ ~~~~I®prn~~t Pha~~ ~ Phase 1 of the development would call far the construction of my dental office the Spring of 2049. I am currently working with several contractors in the area iii designs and bids. 1 have enclosed witlZ the application floor- plan that would fit my current size and patient base. The current plan calls far a building approximately 3540 square feet, Current regulation restrict foot print to 3004 square feet, sa my plan may need to modified ar a variance obtained. I currently have 6 treatment roams in my existing office and would like to maintain or possibly add one to two more chairs that would facilitate a future associate. Restricting the size of the building to 3000 square feet or less restricts this to a certain extent. The construction design calls for a wood frame building, gable roof, and block foundation. The possibility of a daylight basement has beery considered to allow far easy implement of plumbing for dental applications. All designs will follow current city codes and regulations. Landscaping tq be a priority for aesthetics and beautification of the surrounding area Phase iI Phase II would call far development of surrounding land for life minded businesses. My goal would be tq have several dental specialists in the development. I would foresee development to encompass chiropractic, financial planning, medical offices, etc. Certainly this is a long term development plan. My overall goal is to develop a professional synergy between multiple disciplines. I want to practice in an aesthetically pleasing and ergonomically appealing area, one that integrates the surrounding area and limits the impact to existing residential structures. Thank you for you torts+de'YaIion'inthis matter, Dr. F Todd Wortham -~_ , r/ . ....i -- - _ __ _ i --- -._.. ~ ~ ~ _ ~ ~.. ~ ~ it ' - -_ ~. lL ~ ~ ~z o_° ~ ~ LU ~- o _zv ~~ ~~ m I I ~ ~ . ,~; ~ _ ~ ~ r ~~ ii 0 i c3 ~~ ° I i ~- ; ° 'C7 ~' ~ ~. !Jo II II _~ oQ ~ I I ~~ ~ ' III' Il I 0. ~°~ ~ M i ~ W ~ ~a ~~ ~J.o II II w li 4 - ~~ $ z I I ~ ~~ ~ ~_ I ~ ; ~ I~ ~' ;~~ I IIII ~ II ~ _ II O I ~ '~ v ~~ o a ~ ~~~ ~ ~ i i' ~ ti ~ \ i/ ,~ II I~ ~\ / Imo;' ~ ~. ~ rr ~ I i .~ '~ `` -%' I I I i i~ - ,. _ ~ H W U C!] ~~/ H W J ~~ ~ I I I I ~ ~~~ e o ~~~ ~° II II °~ C ~ _~ J~ M ~ ^. ~J ° li II o.Q n~ II I! o~ ~b M ~ N~ ~z p° II li oQ 9~. ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER 1, 2008 ,: 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/1www. ci.kenai.ak.us Work Session: Water System Improvements -- 5:30 p.m. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 8. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council rnernber so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 nninutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS {Testimony limited to 3 minutes per speaker.) 1. PASSED UNAMMOUSLY. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 2. PASSED UNANIMOUSLY. Resolrxtion No. 2008-59 --- Adapting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010. ITEM F: MINUTES 1. APPROVED. *Regular Meeting of September 17, 2008. ITEM G: ITEM H: NEW BUSINESS 1. APPROVED. Bills to be Ratified 2. AMENDED AND APPROVED. Approval of Purchase Orders Excccding $15,000 3. INTRODUCED. *Ordinanee No. 2351-2008 --- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 4. INTRODUCED. *Ordinance No. 2352-2008 --- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog. 5. INTRODUCED. *Ordinance No. 2353-2008 -- Finding that Certain City- Owned Land, Identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated far the Purpose of City Facilities. 6. INTRODUCED. *Ordinance No. 2354-2008 -- Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Wi11 be Paid Prior to the end of the Calendar Year. 7. INTRODUCED. *Ordinanee No. 2355-2008 -- Amending KMC 21.10.110(b) and KMC 21.15.130(b) to A11ow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property. $. INTRODUCED. *Ordinance No. 2356-2005 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals. 9. APPROVED. Discussion/Approval, -- Appointment of Advisory Cemetery Committee Membership. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1, City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October 1 S, 2008. The motion to approve is active.) Ordinance No. 2347-2005 -- Repealing the Existing KMC 1,15.040 and KMC 1,15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC ]..15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publication-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. (Clerk`s Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers, beginning at 5:30 p. m.) -- None Scheduled ITEM N: ADJOURNMENT