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HomeMy WebLinkAbout1995-09-27 P&Z Packet`~ CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo September 27, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES September 13, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carl Cook, Federal Emergency Management Agency (FEMA) b. Chris Miller, Department of Commerce & Regional Affairs 5. PLANNING 6. PUBLIC HEARINGS a. Variance, Resolution PZ95-47, Batir Creative, Inc. ~~ ) 7. NEW BUSINESS a. Tract C, Daubenspeck Property Subdivision 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Lynn Robbins, Robbins Retirement Communities b. November 21, 1995 Meeting Schedule Council Approval c. City of Kenai Attendance Policy for Commissions and Boards ~. ) 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT C:\WPDDCS\PZ95\PZAGEN9.27 i PLANNING AND ZONING COMMISSION UNAPPROVED ~ ~ MINUTES September 13, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Glick, Werner-Quade, Mahurin, Goecke, Walker Members absent: Bryson, Toppa Also present: Councilman Smalley; Bob Springer, City Building Official; Kathy Woodford and Marilyn Kebschull, P.W. Administrative Assistants 2. APPROVAL OF AGENDA Chairman Walker noted additions to packets. An information item (12b) relating to the City Council's decision on a Board of Adjustment Hearing. Under New Business (7a) relating to setting the second November meeting. RON GOECKE RECOMMENDED APPROVAL OF AGENDA AS AMENDED AND ASK FOR UNANIMOUS CONSENT. MOTION SECONDED BY CARL GLICK. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES August 23, 1995 KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES OF THE AUGUST 13, 1995 MEETING. MOTION SECONDED BY TERESA WERNER-QUADE. Chairman Walker asked for revisions or additions to minutes. None noted Chairman Walker called for vote. VOTE: Glick Yes Werner-Quade Yes Mahurin Yes Goecke Yes Walker Yes MOTION PASSED. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING Planning & Zoning Commission--Minutes 1 October 13, 1995 Page 1 a. Resolution PZ95-46, Subdivision Plat Approval Inlet View S/D, Resubdivision of Tract A CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ95-46, SUBDIVISION PLAT APPROVAL INLET VIEW SUBDIVISION, RESUBDIVISION OF TRACT A. MOTION SECONDED BY TERESA WERNER-QUADE. Chairman Walker asked for additional staff comments. Bob Springer stated no additional comments. Chairman Walker asked if anyone in the general public wishing to speak to this item. Seeing and hearing none, Chairman Walker brought item back to Commission. Goeke asked Mr. Springer for clarification of driveway into lot. Mr. Springer clarified location of lot. Goeke asked if Norman would go all the way through the lot. Mr. Springer stated an individual bought the land with the no trespassing signs, approximately 5 acres, and put a house in middle of land. Mr. Springer stated he didn't believe that he intends on subdividing at any point. Even if he did, he would not put the street through because it would be directly in line with his house. Goeke clarified that Norman would not come to Lawton at any time. Springer agreed. Kevin Walker added comment that on the Kenai Peninsula Borough Plat that Integrity Survey group had checked off on the use section residential, agricultural, recreational, and commercial. I would like to note the zoning of this is RS2 at this time. No further comments, Chairman Walker called for vote. VOTE: Werner-Quade Yes Mahurin Yes Goecke Yes Walker Yes Glick Yes MOTION PASSED. 6. PUBLIC HEARINGS a. Conditional Use Permit, Resolution PZ95-45, Bass/Daycare Center RON GOECKE RECOMMEND APPROVAL OF PZ95-45, BASS DAYCARE CENTER. Planning & Zoning Commission--Minutes October 13, 1995 Page 2 MOTION SECONDED BY KAREN MAHURIN. Chairman Walker asked for additional staff comment. Mr. Springer stated none. Chairman Walker asked for public comment. None noted back to Commission for comment. Werner-Quade asked if people were going to be living in the residence along with providing a daycare center. Ms. Bass responded no. Werner-Quade further clarified business hours and Ms. Bass responded hours will likely be 6:45 a.m. to 6:15 p.m. Mahurin asked if any calls from neighbors in response to permit. Mr. Springer advised he received a call from a competitor in daycare business and he was interested in whether they would be required to comply with fire inspections and fire code requirements. City Fire Marshall advised they would be required to comply with his regulations. Ms. Mahurin asked the Bass how many children they expected to have at the center. Ms. Bass advised they should be licensed for 42. Ms. Mahurin asked if they would have outdoor play equipment. Ms. Bass stated that was the intent. No further comments, Chairman Walker called for vote: VOTE: Mahurin Yes Goecke Yes Walker Yes Glick Yes Werner-Quade Yes MOTION PASSED. 7. NEW BUSINESS a. Memo requesting second November meeting date be changed. Chairman Walker stated Commission asked to move meeting to November 21, 1995. Open for discussion. Karen Mahurin stated she understood that the city does not like to cancel meeting; however, the 22nd would have been the night before Thanksgiving and since the City Council chose to meet that night, and she would personally like to see meeting Planning & Zoning Commission--Minutes October 13, 1995 Page 3 cancelled for that week. Teresa Werner-Quade stated she wouldn't mind cancelling the meeting if there is not a lot of information that needs to be heard by the Commission and that the commission may be able to wait until closer to date to see how many items need to come before the Commission. Kevin Walker stated that he believed the Commission may not have a meeting due to lack of quorum; however, does not believe under code a meeting may be cancelled even if that was the preference. Mandated by code to have meetings. Mahurin stated it appeared to her that the City Council cancelled the P&Z meeting for that night unless we choose to meet somewhere else. Walker stated they are not cancelling it instead they are asking us to change our meeting place or day. Councilman Smalley stated the reason why the meeting was changed was because of the Alaska Municipal League Conference during the council's regular meeting time. Smalley informed the council that it was during P&Z's normal meeting time. The attempt was to facilitate this body if they want to hold that Wednesday meeting. Not an unusual request. Request to facilitate the body if they so chose so the meeting date could be advertised in the paper. Feels Mr. Walker correct that the meeting would have to be called because of lack of quorum or if it lacked an agenda. Chairman Walker noted that in the letter a person is requesting to be present at the November 22nd meeting for presentation. Mr. Goecke stated she requested by the original memorandum to be heard at the November 8th meeting. Mr. Glick stated that since the council had changed their meeting that would extend her time to be in Kenai. Mr. Glick stated he personally did not have a problem with a meeting on the 21st. Ms. Werner-Quade stated that for that particular week she would prefer a meeting on the 21st because of the Thanksgiving holiday. Chairman Walker asked for motion. TERESA WERNER-QUADE MOVED TO CHANGED THE REGULAR SCHEDULED MEETING OF NOVEMBER 22, 1995 TO NOVEMBER 21, 1995. MOTION SECONDED BY CARL GLICK. Chairman Walker asked for further discussion. None, called for vote. VOTE: Goecke Yes Walker Yes Glick Yes Planning & Zoning Commission--Minutes October 13, 1995 Page 4 Werner-Quade Yes Mahurin No MOTION PASSED. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Smalley advised that regarding Ordinance 1660-95--Rezone of Lots 3 & 4, Block 8, Shaginoff Subdivision there was a difference of opinion regarding interpretation of the map. Councilman Smalley advised he did not vote on the ordinance due to the fact that he had not been present when the person presented to the council. The city stated by letter that it is their interpretation that this area is more prone to commercial growth and their interpretation of the map that in the future there may be zoning changes along the Spur Highway corridor. Councilman Smalley reported on the City Council Agenda of September 6, 1995. Several speakers presented to the council. The shore fishery leases will be taken care of by the new code. There was a United Way presentation by video after which the city decided to participate in a matching program not to exceed $2,000 (.50 per dollar donated). Mr. Huff spoke to council about his concerns regarding ATVs. Mr. Huff stated he felt their was a safety factor and the other concern being damage to landscaping caused by them. Council decided to hold hearings this fall to review the ordinances covering the use of snowmachines, ATVs, etc. within the city limits. Right now use of vehicles is legal under certain criteria. Mr. Crocket spoke to the council that the council consider running water and sewer lines to the canneries. Concern from DEC that the canneries have waste water disposal available for them. At this time there are not revenues available from the city nor any expected from the state in the near future. Mr. Robinson came to council asking to terminate his contract early with the city due to unforeseen circumstances. The council decided it was in Mr. Robinson's best interest since he was a good client with the city and he is looking in the future at continuing this project allowed Mr. Robinson out of the lease at no penalty to him. Mr. Hall spoke to the council concerning lots in Inlet Woods. These are buildable lots however are approximately $7500 away from utilities and he wanted to arrange the possibility of trading these lots for lots that are involved in litigation because the lots in litigation have utilities. The city informed Mr. Hall that litigation is continuing and could not consider his proposal. Ms. Mahurin questioned what it means that he was $7500 short on utilities. Councilman Smalley clarified that they are Planning & Zoning Commission--Minutes October 13, 1995 Page 5 a lot or so away from utilities and to run utilities to the lots would cost approximately ~ $7500 per lot and clarified Mr. Hall's proposal to the committee. Ms. Werner-Quade questioned if he was referring to McLane properties and that she thought that litigation had been settled. Councilman Smalley stated that the litigation is in the appeals process. Council passed Ordinance 1659-95 that would provide protection to city that offset amounts owed to contractors by the city against amounts owed by contractors for delinquent taxes. Ordinance 1660-95 passed. Mr. Smalley directed attention to the document in the commission's packets. Ordinance 1665-95 was a situation that had to be dealt with that evening to meet time frame deadlines. Much discussion because it had to do with projects that will be ongoing in the congregant housing area; however, it passed. Fuel tax issue was dropped. Resolution 95-50 passed. At this time city has no control over gambling and gaming within the city regardless to city action the state's decision is binding. Pushing to get legislation to allow the city to have control. Representative Navarre has a bill in Juneau that is still in committee dealing with this issue. Transfer of funds for library for some electrical work. Airport pole garage for the airport manager and assistant manager's vehicles on the end of the building. Karen Mahurin asked what a pole garage was. Councilman Smalley stated basically outside walls and a roof and open on the end. Relatively quick construction; however, not cheap costing $27,484. Kevin Walker asked what the necessity for the garage was. Smalley explained to provide coverage for airport manager and assistant manager's vehicles because at times they have been snowed in and problems in the past. Mr. Walker stated that Carrs does sell shovels for $7.95. Karen Mahurin clarified that the garage was for city vehicles. Parks and Rec had in the past put in budget to purchase a greenhouse and it was purchased. It was supposed to have been put together in-house; however, will be contracted. In addition they have to run electrical line and put a heater in the greenhouse. No time this fall to erect it with manpower and the choice was to let building sit in storage until spring and then erect it with city employers. This would have meant a loss of a growing season. Council transferred an additional $13,600 for the erection of the greenhouse and to run power and the heating element. Ron Goecke asked where the greenhouse would be constructed and Mr. Smalley stated that it would be behind the city shop on city property. Kevin Walker asked if water and sewer already there. Councilman Smalley stated he didn't know. Under New Business, the council said no on the Historic Preservation Grant Application. Council wasn't sure exactly how much money the city would be responsible for as the application says may be responsible for up to 100 percent and may request reimbursement on funds. Everything would be paid out of pocket initially. There was reluctance. Not a dead issue. Karen Mahurin asked for clarification on the grant. Smalley stated the grant application was for $6,000 to take care of work ongoing in Old Town. Kathy Woodford advised she believed it was for signage as J Planning & Zoning Commission--Minutes October 13, 1995 Page 6 phase two of the survey currently being conducted by Preservation North. Mr. Smalley advised that on the application that signage was not necessarily covered but not specifically stated. Karen Mahurin asked if the maximum amount of the grant was $6,000. Kathy Woodford stated that was the Historic Committee's recommendation and that was a ball park figure. Mahurin clarified with Councilman Smalley that it is her understanding that $27,000 approved for a pole garage, and $13,000 for a greenhouse but there was a problem with $6,000 for signage for Old Town. Councilman responded that problem was the council felt that city didn't want to be responsible for 100 percent and that council didn't have the information that was needed. Not a dead issue. Council had never received copies of the sign and Councilman Smalley shared his with them. Stated the council was pleased, but without clarification, they said no. Kathy Woodford stated that grant was for additional signage, not just the one large sign. Kevin Walker added that the pole garage actually adds up to $34,968 and the greenhouse is $24,000 not $13,000. Councilman Smalley agreed stating that the $13,000 was an additional amount. Kevin Walker noted that C2 showed unanimous approval. Councilman Smalley continued that there was approval to change the regulation at the airport for parking in front of the terminal. This was a rewriting of the ordinance based on the recommendation of the Airport Commission. Original ordinance forbid a person to park in front row and leave their vehicle unattended. The regulation that passed allows individuals to leave vehicles to enter the terminal to arrange transportation needs. Council had discussion on what the intent of the regulation was and to make sure that flexibility in regulation. Special Use Permit by Midnight Sun Reservation Central was set aside for reconsideration at the next meeting. Council had lengthy discussion on the fact that should this permit be approved the Midnight Sun Reservation Central is a private business that arranges hotel/motel, bed and breakfast reservations within the city and outside of the city. Discussion that a council person was uncomfortable having a facility that was in direct competition with the Visitor's Center. Vote was three to three but will come back to council. Council looked at goals and objectives and made some modifications. Some have been achieved, some being long term, and added some including the animal control shelter. At least possibly setting aside funds for some design work. Councilman Smalley stated the water truck was an item of discussion. Stated he had had discussions with city personnel outside of meetings during the day and was informed that the truck had been in use. Asked if it was in use in a capacity which suggested that it could be safe if the tank were taken off or the tank were reduced in size. Other ways that it could be utilized if the city decided not to sell it at auction. Someone indicated they thought it might have been used for watering plants during the summer and it had not. The use was in front of the police station for compacting Planning & Zoning Commission--Minutes October 13, 1995 Page 7 the hole.T Had a lot of discussion because of the information that had been brought to the council that it was not safe, it was older, okay mechanically but not safe and that is why it was replaced. Other discussion stated it was not safe because it was an emergency vehicle and at the speeds it might have to respond in emergency situations with water is what made it unsafe. Speed was never indicated during discussions at budget time. Another entity came to the city and wanted to either have the truck donated or to have a low purchase price to use this water truck on a race track on the peninsula within the city. Part of that decision was "I can just picture this truck that the city donated going down the road and rolling over on some car with a mother and children in it because it was unsafe to be on the road." This was brought to the attention of council and Councilman Smalley asked council why the truck was being used. Stated it either needs to be modified where it is safe, reduce the tank, remove the tank, park the truck. Public Works is to complete a study and come back to council with some recommendations. Councilman Smalley stated the council directed that the truck should remain parked until they receive the information from Public Works. Councilman Smalley stated he made a recommendation that the new restroom facilities below the Catholic Church and at Cunningham be removed during the winter and put plywood on outside and then banding them as a deterrent to vandalism. Public Works is to look into this. Recommendation also received from Parks and Rec. Councilman brought up a concern about vehicles in Old Town behind the pawn shop that may be derelict by city definition. Teresa Werner-Quade under Agenda B, 3 asked if there was any mention of the bike path. Councilman responded that technically bike paths are not legal pathways for these vehicles. Werner-Quade stated that since they are redoing the entire highway and there was an old bike trail she is wondering if an upgraded bike trail included in the plan. Smalley responded that it is his understanding that the 8 foot wide bike trail is to be extended to Swires. Continuing, Councilman Smalley provided some history for the bike path and that the council had considered was continuing from Swires Road following the water and sewer line out to Thompson Park. In the future, that may be a possibility. Werner-Quade commented that being a past member of the Airport Commission that it is a positive step that they are getting the pole garage because they may need to respond very quickly and do not have time to shovel snow. Agreed that the cost may be high but there is a legitimate need. Councilman Smalley stated that it may not be a consolation but there is airport money that can only be used for airport projects. Werner-Quade added a comment regarding New Business, item 6, that she would encourage the council to support the Historic Preservation Grant for the signage. That the grant was reviewed by P&Z Commission and the commission was in favor of the grant. Councilman Smalley reiterated that at the meeting none of the council members had seen copies of the Bunny Swan painting of the sign and that the council was just seeking clarification. He feels confidant it will Planning & Zoning Commission--Minutes October 13, 1995 Page 8 probably pass once clarification is received. Mr. Brown, the Finance Director, had informed the council that this was not an uncommon procedure with grants that basically the money is expended and then reimbursed. Chairman Walker asked for further comments or questions. Councilman Smalley added that the city had received the resignation of the Finance Director, Mr. Brown. He stated that Mr. Brown has taken a position out of state for another community and he will be greatly missed. Smalley added that the overall picture of the community which the P&Z Commission is also partly responsible for but from the finance position, the city is a community of 7,100 people with only a million and a half indebtedness attached. Teresa Werner-Quade added that Mr. Brown had also did an excellent job as acting city manager during the interim before Mr. Manninen began with the city. Smalley stated that the resignation was submitted last Friday. Ron Goecke asked if that was the reason for the executive session. Councilman Smalley explained that the executive session is placed on the agenda when advertised in the paper because it had been questioned if you could have an executive session if you haven't stated so in your agenda. Kevin Walker advised he had one question in regard to the comments of the use of off road vehicles along the highways, city streets, etc. Was there any discussion entered into at this point of time addressing where people might have some form of egress to move these vehicles out into the areas that they may be ridden? Councilman responded no and may never be addressed because that is not a city concern. Walker agreed except that a tremendous number of residents have these kinds of vehicles and it seems a shame that we totally exclude these vehicles from our city. Smalley responded that the city hasn't and Walker stated that it seemed like the city was headed in that direction. Councilman Smalley stated that the concern was brought to council and it has been heard more than once so what is being done is that there will be hearings for people to come in and voice their concern before any kind of change in zoning regulations or ordinances. Walker stated he would hope that any kind of zoning change would pass the P&Z Commission and that he had personal concerns. Walker stated that growing up in Kenai that use had always been allowed and at one time totally legal with licenses and now they are not. He continued that he knows literally hundreds of families who have snowmachines, bikes, etc. and that they use city streets or sides of streets as egress points into the swamps in order to ride. Walker stated he would not recommend the city being a small community preclude that use. Councilman Smalley recommends watching the Clarion for any hearing dates and that he would want ample time for public comment before he would support any changes. Kevin Walker stated he didn't believe the safety issue as the city has had lots of deaths on bicycles, sleds, and how many deaths from motor vehicles such as cars. Smalley reminded that on the sled deaths that signs were put up forbidding the use of sledding in that area. Planning & Zoning Commission--Minutes October 13, 1995 Page 9 b. Borough Planning Chairman Walker stated minutes in packet and if there are any comments or questions they can be brought up at the next meeting. c. Administration 11. PERSONS PRESENT NOT SCHEDULED Gus Bodes--First item about the water truck and the safety. The Federal and State Department of Transportation have very stringent rules concerning the use of vehicles, especially tankers, on the road. The second is OSHA also has restrictions and very specific rules considering tankers. If that tanker is unsafe under either one of those sets of rules, it should be scrapped. They never did say why it was unsafe according to the first chapter and verse of the law. Councilman Smalley answered that to his knowledge it does pass those regulations. It was determined to be unsafe by the users of it; they felt uncomfortable with the ratios and the formulas that existed when that tank was full. They also felt it was unsafe because they don't have anybody in the Fire Department that is a "trained truck driver" to drive that kind of transmission. All of our fire vehicles basically have automatic transmissions. There is training that drivers receive to make them "trained to use these type transmissions" but no one at the Fire Department really felt comfortable and they have driven it for years. Mr Rodes continued, when Hall put in that subdivision at Birch Street after it was done some of the lots were not going to be hooked up to the water and sewer lines. They were going to have their own water and septic tanks. Mr. Rodes stated he might be wrong but he doesn't think that any place with that dense of housing in a platted subdivision should be allowed to have septic tanks and that they should be on central water and sewage. He has seen a lot of subdivisions over the years that have polluted the ground water to such an extent that 30 years later you can't dig down a few feet without running into sewage, for example Hamilton Acres in Fairbanks. The third thing Mr. Bodes asked was if anything has been done to form a service area for bluff erosion along the inlet. Councilman Smalley responded no. The city has come into the possession of some cement slabs. The idea being that they would be laid up against the bluff to help prevent the erosion that is occurring, at least the water erosion. The slabs were donated to the city in a deal with the Harbor Commission. It will probably cost a couple hundred thousand dollars along the way. This will involve getting a barge, crane, and then bring them up during the course of the winter and stack them against the bluff. Unsure of date for starting the project. Mr. Bodes stated a service area concept would be good because the people who are paying for it, even if a small percentage, would want to make sure the job is right. One of the reasons Planning & Zoning Commission--Minutes October 13, 1995 Page 10 for erosion is foot traffic on bluff. Is there is plan from the Planning Commission to change that or put up barricades. Chairman Walker responded no. Councilman Smalley stated that council had discussed that option and that at one time there were signs. During the heavy salmon run there is a lot of traffic. The police department have gone over and asked people to please drive down. Private property owners have their land posted in an attempt to prohibit people from travelling up and down the bluff. Mr. Bodes asked about building a stairway down there. Smalley responded there were no plans to do that at this time. 12. INFORMATION ITEMS a. Water Tanker Memo dated August 24, 1995 b. Ordinance 1660-95--Rezone of Lots 3 & 4, Block 8, Shaginoff Subdivision 13. COMMISSION COMMENTS & QUESTIONS Karen Mahurin stated she shares Chair's concern about the off road vehicles and having access to swamps, etc. Would request that when dates for hearing are set that P&Z receive notification of the hearing. Also a concern over the Historic Preservation Grant. Mahurin stated she finds it incongruous that council held them up over $6,000 considering all the other money that was spent that night. Maybe it was a lack of communication from the Historic Board and maybe we can help with that. She will be at the meeting November 21st. Carl Glick in reference to Mr. Bodes' idea about the stairway, there was a stairway in the 60's that was built and it went with the rest of the erosion. It was by the church. The city had spent the money to develop it and it lasted a few years. Teresa Werner-Quade regarding Mr. Bodes' concern about the bluff erosion, that the city may want to check with the people who did the Russian River bank restoration. They did an extensive project there to restore the bank. It consists of wiring and rubber mesh. Wherever it is in place, there is no access. Another concern directed to the Chair with regards to a member of the P&Z Commission, Mr. Toppa. Wondering how many meetings a can member miss? Asked if Mr. Toppa called to advise he would me absent at this meeting. Ms. Kebschull advised he had not called the city offices. Werner-Quade would like to know how many absences is too many. Chairman Walker responded that that is a code item and he will research it and report back. Werner-Quade stated the commission may want to look into what the code states in response to junk vehicles. Werner-Quade continued stating she knows that the city has no method to discard of junk vehicles but may want to look at wording of the code for clarification. Last, would like to wish the best of luck to Charlie Brown as he leaves the City of Kenai. Planning & Zoning Commission--Minutes October 13, 1995 Page 11 Chairman Walker stated that he felt the entire commission echoed those sentiments of wishing Mr. Brown well. He has done a tremendous job for the City of Kenai. Councilman Smalley noticed a great deal of city trucks hauling of dirt, grass, etc. into Old Town and dumping it over the bluff and has had several calls from citizens in reference to this activity. Stated his recollection is that when the council toured that area there was a storm drain that had excavated itself over the years and assumes that is where the material is being hauled. Mr. Springer advised Mr. Smalley he was correct. Mr. Springer stated that it had been explained to him that there was a storm drain main line that had broken at one time and prior to repair had excavated itself through the recent rain. 14. ADJOURNMENT Ron Goecke moved for adjournment and meeting adjourned approximately 8:17 a.m. Respectfully submitted, Mari yn Kebschull Administrative Assistant Planning & Zoning Commission--Minutes October 13, 1995 Page 12 CITY OF KENAI ~' GC.--' 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 (907) 283-7535 PUBLIC HEARING NOTICE A public hearing on a Variance has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, September 27, 1995, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by Tony Doyle of Batir Creative, Inc., and is for property described as Government Lot 26, Section 34, T6N, R11 W. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to September 27, 1995. For more information, please contact the Planning Department at 283-7933. TO BE PUBLISHED: Peninsula Clarion -September 18 and 22, 1995 YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR AN INTERESTED PARTY. C:\WPDOCS\PZ95\9547VAR.NOT 1 STAFF REPORT To: Planning & Zoning Commission Date: September 11, 1995 Res: PZ95-47 GENERAL INFORMATION Applicant: Batir Creative, Inc. 7984 Spur Highway Kenai, AK 99611 Requested Action: Variance of 15 foot side yard setback. Legal Description: Gov't Lot 26, Sec 34, T6N, R11 W, SM Existing Zoning: Rural Residential Current Land Use: Medium Density Residential ANALYSIS City Engineer: The applicant seeks a variance from the rural residential zone requirement of a 15 foot side yard setback. The land use plan designates the area as medium density residential, which would imply a future residential suburban zone. The residential suburban zone would require only a 5 foot setback for this use. Building Official Applicant intends to build a garage which will encroach on side setback by 3.4'. This should not significantly impact the adjacent property. RECOMMENDATIONS Recommend approval. ATTACHMENTS 1. Resolution No. PZ95-47 2. Application 3. Drawings Prepared By: JL/mk C:\WPDOCS\PZ95\9547.CDM CITY a'F KENAI PLANNING AND ZONING COMMISSION ~ RESOLUTION' NO. PZ 95-47 Vt1RIANCE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: Applicant BATIK CREATIVE, INC. Located Government Lot 26. Sec. 34. T6N, R11 W, SM 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 for a variance has been submitted and received on September 7, 1995 2) That this request is located on land zoned medium density residential 3) That the applicant seeks a variance from the specified requirement of the Zoning code: 15 foot side yard setback 4) 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 n 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. 5) That a duly advertised Public Hearing according to KMC 14.20.153 was held on September 27, 1995 . NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, September 27, 1995. CHAIRPERSON 1 1 ~ ~ ATT ST: Planning Secretary ~y ~ ~ ~ ~, J ~ E N q I ~ 1 i •~~ ~` , • i3ICE\TE``NIAL yi~aye wctJ~a~ tG'cty m~ia ~ufwle ~ DATE : ~ Ct ~ CITY OF KENAI 21/0 Fidalgo Avenue Kenai, Alaska 99611 ~ TELII'HONE 283-75 FAX 907-283-30:14 ~~~ r ~~. APPLICATION FOR VARIANCE PERMIT NAME : 1 ~ I~c~ ~ ~- C(`~-~~ TZ ~ ~G ~ [ 1 ~ ~ PHONE : ~ ~ 7 MAILING ADDRESS: `~ i~~ ~ i , ~9 fC- Cc 9 CrOV ~' LEGAL DESCRIPTION OF PROPERTY INVOLVED : ~'~ 2~Sc ~ • 3'~ ~~ 2 ~ ~ w ZONING DISTRICT (Circle one): C ~ RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMBER TO INDICATE THAT YOII HAVE READ AND UND RSTAND THESE CONDITIONS. a 1. `~ rovide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such to as may be required. 2. n~~~ Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. pecial 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. 4. /~3'he special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. I VARIANCE APPLICATION Page 2 5. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning d's rict in which the property is located. 6. a granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or s ture. ~-. 7. a granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: ~ STu ~~ CT W~L.~(j-~ ~'~tC~ ~ t~T~ p ~J Applicant's Signature: Attest: Secretary +~ f '~'' (..O CITY OF KENAI / " G~ ~ ,Q~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ufamen.ary 'III~I MEMORANDUM 1992 To: Kenai Planning and Zoning Commission For: Meeting of September 27, 1995 From: Kim Howard, Administrative Assistant Date: September 12, 1995 RE: Tract C, Daubenspeck Property Subdivision A developer has expressed interest in leasing and eventually purchasing a portion of the above-referenced property. (See the attached map.) This property was originally donated to the city in 1980 by Harold and Rita Daubenspeck for public purpose. The Daubenspecks were recently contacted regarding the developer's interest in building a senior citizen condominium complex. The Daubenspecks had no objections to a complex of this nature being built on the site. The Kenai Historic District Board wishes to use the portion of Tract C near the bluff for a parking area and for an interpretative sign. The city also has several quonset huts that are being used for storage within Tract C. These areas are not included in the property needed for the condominium complex. The city recently found an underground storage tank on Tract C. At this time, the size and past use are unknown. An investigation as to past owners may help identify potential responsible parties. The city intends to have the tank removed prior to leasing or selling the property. The boundaries depicted on the attached map are approximate depending upon the developer's needs, location of the quonset huts, underground storage tank, etc. Once a lease application is submitted, a survey can be ordered. Kenai Municipal Code states that disposal or sale of lands shall be made only when, in the judgment of the city council, such lands are not required for a public purpose. Does the Planning and Zoning Commission recommend the property described as a portion of Tract C, Daubenspeck Property Subdivision, as shown on the attached map, be made available for lease or sale? Attached is a draft of an ordinance to be introduced at the October 4 council meeting. Attachments cc: Lynn Robbins & Leo Grasso C:\WPDOCS\LEASES\DAUBENSP.P&Z Suggested by: CITY OF KENAI ORDINANCE NO. -95 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT A PORTION OF TRACT C, DAUBENSPECK PROPERTY SUBDIVISION (AS SHOWN ON ATTACHMENT A) IS NOT REQUIRED FOR PUBLIC PURPOSE. WHEREAS, the city received a gift of property described as Tract C, Daubenspeck Property Subdivision, from Harold A. and Rita Daubenspeck in 1980, with the intention that the property be used for public purpose; and WHEREAS, a developer has expressed interest in leasing and eventually purchasing a portion of the property; and WHEREAS, the Daubenspecks have been contacted regarding the developer's interest in building a senior citizen condominium complex on the property and they had no objections; and WHEREAS, KMC 22.05.010 states that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; and WHEREAS, Ordinance 1067-85 reserved Tract C, Daubenspeck Property for public use for the purpose of the development of the Kenai Community Center and on June 24, 1986, the citizens of Kenai voted down the development of the Kenai Community Center; and WHEREAS, the city of Kenai and the Townsite Historic District Board wish to use the portion of Tract C near the bluff for a parking area and for an interpretative sign; and WHEREAS, it is the recommendation of the City Administration and the Planning and Zoning Commission that a portion of Tract C be made available for lease or sale, with the reservation of oil and gas rights. NOW, THEREFORE, BE IT KENAI, ALASKA, that a Subdivision (as shown purpose. ORDAINED BY THE COUNCIL OF THE CITY OF portion of Tract C, Daubenspeck Property on Attachment A) is not required for public PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk First Reading: October 4, 1995 Second Reading: October 19, 1995 Effective Date: November 19, 1995 (kh) R A F T C:\WPDOCS\SALES\DAUBENSP.ORD . ` _ _` ,\ Z 1 ~ .. ~ _ \ -- -- . - __ - -_ ~ ,. ~, .. \ ~ _ _ _. „ - ~ ~,J \ ~- e : fit: - ~ + !: ~ s - ~ \ i ~ - - ~ -- > i ~ ~J ~ ~ l ' -- - _ _ ~~~ TRACT C i ~~ ~ -- .~ r \ .~ ~ ` ~~ \ ~ ~ r ! •• 1 \\\\\~ `~' ; t'L-i '-' Q1aa'N~ ~~ 'y ~' ~ ~ Ca\~ ~\ . ~ .~r ~ ... ` . ~~c - _ _ - ~ ESQ V ~ 'nJ ~ - _ . t~~ '-! - _ - `` - -:~ . ~ -_ ~~t~ ~~ IEGEIO ron , ~.....a.. « e ~ «. ..i.~ SCALE ~ I' ^ 100' ~--- d- . •-..« ^,,,,~ ... asp ....,. ~ ..~ _ _ w wr w s r ~..• Nr >.r ..~ •Mr ~.~.. o.,. a .~.... . CONTOt~t I NTERVML~ _' ••••• ~-• . ow -•-_ •- OAl'E OF OR161NAL PMOTOGRAPiiY~ AUG. 1979 "" °"" ~~ arr.. ,.,,. _. +w rr.. arm _ .._ ~_ ^.~ Y r+q. as .u mid rw IgllIIOIfT~I Ai,A~A 3T~TE RAIE~ ~ ~ rr•a.~ arm ~ ~ ~~~~_ ~+ aar +~ _ v~~x~ use • ss., emu. •~.•. •,. _ ATTACHMENT "A" _ .,.,, ~-_~ ~ i"' F ~ ~ ,~ 4 AGENDA RENAI CITY COIINCIL - REGIILAR MEETING SEPTEMBER 20, 1995 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Bob Brock, IISDI, Minerals Management Service - Outer Continental Shelf Lease Sale 149 (Cook Inlet). C. PIIBLIC HEARIN68 T~~~ ~° 1. ~%5f~9Jr Ordinance No. 1662-95 and A i ti - Increasing Estimated Revenues ppropr a ons by $50,000 in a New Capital Project Fund for Phase I and II Environmental Assessments of the Airport Jet Fuel Facility. ~~Z~e,EG/~j, 2. Ordinance No. 1663-95 - Increasing Estimated Revenues and Appropriations by $13,890 in the General Fund as a Result of Receiving Two Library Grants. ~~~~~~ G(. 3. Ordinance No. 1664-95 - Increasing Estimated Revenues and Appropriations by $3,990 in the General Fund for An Instructor-Trainer to Provide Exercise Classes at the Recreation Center. ~~~y~~ ~. 4. Resolution No. 95-55 - Certifying that the Municipality Did Suffer Significant Effects During the Program Base Year From Fisheries Bu siness Activities That Occurred Within the Cook Inlet Fisheries Management Area. ~~,~~~~. 5. Resolution No. 95-56 - Requesting Municipal Assistance Funding From the State of Alaska. -1- ~~ ~ 6. Resolution No. 95-57 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. D. 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 E. MINIITES 1. *Regular Meeting of September 6, 1995. F. CORRESPONDENCE 1. *9/14/95 Ron Rainey, President, Kenai Visitors and Convention Bureau memorandum regarding Kenai Visitor & Convention bureau Memberships. G. OLD BIISINE86 ,~~~py~ 1. Reconsideration: Alaska's Fun in the Midnight Sun Reservation Central - Special Use Permit/Airport Terminal Counterspace Rental. H. NEW BIISINESS ~~~~/'p~~ 1. Bills to be Paid, Bills to be Ratified ~~~/I~I/f-~ 2 . Purchase Orders Exceeding $2, 500 3. *Ordinance No. 1666-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. ~jll/~ 4. Approval - Special Use Permit and Video/Salmon Producers Alliance. ~~~~~~ 5. Approval - Assignment of Shore Fishery Lease/Tract 7, Shore Fishery Plat #71. -2- ~~ 6. Approval/Ratification - Goals & Objectives/Amended at ~~ 9/6/95 Council Meeting. E$ECIITIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. -3- } r A. CALL TO ORDER KENAI PENINSULA BOROUGH PLANNING COMMISSION HOMER HIGH SCHOOL MARINER THEATER HOMER, ALASKA SEPTEMBER 25, 1995 7:30 P.M. Tentative Agenda John Hammelman Chairman Areawide Term Expires 1996 Philip Bryson Vice Chairman Kcnai City Term Expires 1998 Ann Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 1997 Peggy (a. Boscacci PC Member seldovia city ' Term Expires 1997 Wayne Carpenter PC Member Seward City Term Expires 1996 Robert Clutts PC Member Anchor Point Term Expires 1998 Wes Coleman PC Member soldoma city Term Expires 1996 Leroy d^iannaway PC Member Homer City Tema Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1996 Debra Home PC Member Kasilof Area Tema Expires 1997 Tom Knock PC Member Cooper Landang Texan Expires 1998 B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extension Requests -None b:.~ 2. Plats Granted Administrative Approval 3. KPBPC Resolutions -None 4. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Seward; Mariculture; Day Harbor; Douglas; AK9506-11 AA 2) Seward; Mariculture; Resurrection Bay; Steinberger and Packard; AK9506 - 12AA 3) Seward; Mariculture; Resurrection Bay; Linville; AK9506 - 13AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations -None 5. Commissioner Excused Absences a. No excused absences requested. 1 No. 4, Plat KN 84-137, Section 30, TSN, R10W; Poacher's Cove area, proposed to be renamed to GREENRIDGE STREET. Reason for the change: to continue alignment with Greenridge Street, ESN 302. c. EAST DRIVE & EAST COURT within Longmere Estates Subdivision, Part 2, Plat KN 73-26, Resubdivision of Lot 14 Block 6 Part 2 Longmere Estates Subdivision, Plat KN 77-183; Block 6 Part 2 Longmere Estates Subdivision, Plat KN 73-43; all within Section 20, TSN, R9W, Longmere Lake area, proposed to be renamed to SECRET ROAD. Reason for the change: Duplicate street name within same ESN 302. d. FIREWEED STREET within Eddy Hill Subdivision Part Three, Plat KN 83-102; Wooded Acres Subdivision Part One, Plat KN 76-95; Wooded Acres Subdivision Part Two, Plat KN 78-89; all within Section 20, TSN, R10W, Sport Lake area, proposed to be renamed to EDDY HILL DRIVE. Reason for the change: to continue alignment with Eddy Hill Drive, ESN 302. e. FORGETMENOT STREET within Resubdivision of Tract 1 Jenny Subdivision, Plat KN 78-140, Section 34, TSN, R11 W; Poppy Lane area, proposed to be renamed to FREDENSBORG STREET. Reason for the change: to continue alignment with Fredensborg Street, ESN 302. f. LOOP LANE within L. CREARY Subdivision, Plat KN 1584, Section 14, T4N, Rl l W; Echo Lake Road area, proposed to be renamed to BUCK AVENUE. Reason for the change: to continue alignment with Buck Avenue, ESN 302. G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Doyle Estates, Tracts A, C & D -Petition to vacate the twenty foot utility easement centered on line common to Tracts A and D; and, centered on line common to Tracts C and D, Doyle Estates Subdivisions (Plats 81-159 and 86-192 KRD); within Section 20, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File 95-123 2. Thompson Park, Lots 1, 2, 21 & 22, Block 2 -Petition to vacate portions of the twenty foot utility easement centered on line common to Lots 1 and 22; and, common to Lots 2 and 21; Block 3 F K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. DIRECTOR'S COMMENTS N. COMMISSIONER COMMENTS O. ADJOURNMENT The next regularly scheduled Planning Commission meeting is October 9, 1995 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. Tom Boedeker will give a presentation on takings at 5:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Soldotna Planning and Zoning Commission September 6, 1995 Minutes 2. Homer Advisory Planning Commission September 6, 1995 Minutes s _~ MEMORANDUM DATE: Septe>tnber 12, 1995 TO: Planning ~ Zoning Commission FROM: Marilyn Hebschull, Planning & Zoning Secretary ~~ j~,a SUBJECT: LYNN ROBBINS--ROBBINS RETIREMENT COMMUNITIES I was notified today by Kim Howard of the City Manager's Office that Ms. Robbins will not be attending the November 21, 1995 Planning and Zoning Commission meeting. Ms. Robbins advised Ms. Howard that due to the holiday that week she would not be able to travel. However, she advised that she will be requesting to be heard at a future meeting. C:\WPDOCS\LETTERS\ROBBINS.MEM ~zb MEMORANDUM TO: THROUGH: THROUGH: THROUGH: FROM: DATE: SUBJECT: FOR: Kenai City Council Carol L. Freas, City Clerk Dan Morris, Acting City Managervd~ Keith Kornelis, Public Works Director ~~ Marilyn Kebschull, Administrative Assistant September 14, 1995 PLANNING & ZONING COMMISSION MEETING RESCHEDULE REQUEST Planning ~~ City Council Meeting of September 20, 1995 At the Planning & Zoning Commission meeting on September 13, 1995 the commission voted to move their November 22, 1995 meeting to November 21, 1995. The meeting will be at the usual place and time. This change was made to accommodate the council's November schedule change as well as to accommodate Ms. Robbins' travel plans. The Planning & Zoning Commission seeks council's approval for this schedule change. p Ro ir°c * A~rp, g~°a4nC' ~':.. .. :~ o~ ~~ ®r`~7~ ~";e' a'~;~4~~~.~ul ~~ ~~ ~d.6.ti~~ C:\WPDOCS\PZ95\SCHED.MEM )~. ~. ,,.`.. i Suggested By: City Council CITY OF KENAI NO. 1610-94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.90.050(B) OF THE STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES. WHEREAS, at their work session and subsequent Council Meeting of September 21, 1994, the Kenai City Council noted the amount of meeting absences by members of City boards, commissions and committees; and, WHEREAS, Council requested the Kenai Municipal Code be amended to better define the amount of absences from meetings allowed by members of commissions, committees and boards; and, WHEREAS, the amendment should reflect the amount of absences allowed for councilmembers as stated in Section 2-7 of the Kenai City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.90.050(b) be amended as follows: (b) [IF ANY MEMBER SHOULD HAVE THREE (3) CONSECUTIVE, UNEXCUSED ABSENCES FROM REGULAR MEETINGS OF THE BOARD, COMMISSION OR COMMITTEE, IT SHALL BE REASON FOR REMOVAL FROM THAT BOARD, COMMISSION OR COMMITTEE.] If the commission, committee or board member shall be absent from more than one-half of all the meetings of his/her committee, commission or board regular and special held within any period of three (3) consecutive calendar months, he/she shall thereupon cease to hold the seat. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 1994. ~~ ATTEST: Carol L. Fre s, City Cl clf J lliams, Mayor Introduced: Adopted: Effective: October 19, 1994 November 2, 1994 December 2, 1994 '~ Meeting Date: `9 ~__ ~~ Roll Call -Vote Planning & Zoning~~"1 ~~ /~ ~ (~i l Inl / 1 r i P t. Resolution No, roll-call Carl Glick ~/ Phil Bryson ,~ Teresa Wemer-0uade ~ „ / v Karen Mahurin ./' Ron Goecke V Bill Toppa ~~ Kevin Walker Also Present: Jack La Shot, Ci y Eng Weer, Resolution No. Cart Glick Phil Bryson Teresa Wemer-0uade Karen Mahurin Ron Goedce Bill Toppa Kevin Walker p,.~~c Notes: