HomeMy WebLinkAbout1995-07-12 P&Z PacketCITY OF KENAI
1 PLANNING AND ZONING COMMISSION
'"""AGENDA**
*Carried forward from previous agenda
Council Chambers. 210 Fidalgo. Kenai. Alaska
July 12, 1995, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES June 14, 1995
4. PERSONS PRESENT SCHEDULED TO BE HEARD
5. PLANNING
*a. Resolution PZ 95-35: Strawberry Road Innes Subdivision
Plat Approval
*b. Landscaping/Site Plan Review -Diane Lofstedt, 605 Main Street
c. Petition to Vacate Utility Easement - Laddville Replat
6. PUBLIC HEARINGS (3 minutes)
*a. Resolution PZ 95-33: Conditional Use Permit for John Ragan
Non-conforming use in a General Commercial Zone
*b. Resolution PZ 95-34: Supporting the Council of the City of Kenai's
Ordinance prohibiting the keeping of certain kinds of livestock
within the City of Kenai.
7. NEW BUSINESS
*a. Comprehensive Plan Review: Public Facilities & Services
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. Letter to Corps of Engineers by Jack La Shot, re: Foster permit
13. COMMISSION COMMENTS & QUESTIONS
14. ADJOURNMENT
Q~PF'RC'JE~D
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo, Kenai, Alaska
June 14, 1995,
7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL
Members present: Phil Bryson, Carl Glick, Ron Goecke, Kevin Walker,
Teresa Werner-Quade, Karen Mahurin
Members absent: Bill Toppa
Also present: Jack La Shot, City Engineer, Loretta Harvey
2. APPROVAL OF AGENDA
Chairman Walker noted additions to the agenda, as follows: 5e. Ordinance regarding
livestock within the City; 6a. Foster Construction Conditional Use Permit-Extraction of
Natural Resources; and Item 9. Code Enforcement.
MOTION AND VOTE:
RON GOECKE MOVED FOR APPROVAL OF THE AGENDA AS AMENDED AND
ASKED FOR UNANIMOUS CONSENT. PHIL BRYSON SECONDED. AGENDA
APPROVED BY UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES May 24, 1995
MOTION AND VOTE:
KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES AS PRESENTED. CARL
GLICK SECONDED. MINUTES APPROVED UNANIMOUSLY BY ROLL CALL VOTE.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
Planning & Zoning Commission
June 14, 1995
Page 1
~t00 ~
5. PLANNING
a. Lease Application -Lot 3, Block 2, General Aviation Apron
Craig R. Lofstedt, d/b/a Kenai Air Alaska, Inc.
MOTION:
CARL GLICK MOVED TO RECOMMEND TO COUNCIL APPROVAL OF LEASE
APPLICATION FOR LOT 3, BLOCK 2, GENERAL AVIATION APRON TO CRAIG R.
LOFSTEDT, D/B~A KENAI AIR ALASKA, INC. KAREN MAHURIN SECONDED.
STAFF COMMENTS: No additions to packet information.
PUBLIC COMMENTS: None.
COMMISSION DISCUSSION:
Phil Bryson asked for clarification that this lease was at the end of its term, and this
was a renewal with some changes in conditions by the Legal Department. Staff
concurred with this assessment.
VOTE:
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ 95-31: Home Occupation Permit -Ray & Susan Carr
MOTION:
RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-31: HOME
OCCUPATION PERMIT -RAY & SUSAN CARR. CARL GLICK SECONDED.
STAFF COMMENTS:
Jack La Shot noted that the reference to a rezoning should be scratched from the staff
report. There were no other additions.
Planning & Zoning Commission
June 14, 1995
Page 2
PUBLIC COMMENTS: None.
COMMISSION DISCUSSION: None.
VOTE:
pp~ ~ ~ I5~
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MOTION PASSED UNANIMOUSLY.
c. Resolution PZ 95-32: Miller House Subdivision
MOTION:
KAREN MAHURIN MOVED FOR APPROVAL OF RESOLUTION PZ 95-32: MILLER
HOUSE SUBDIVISION. RON GOECKE SECONDED.
STAFF COMMENTS:
Jack La Shot noted the area behind the Miller house will be a parking lot for the
neighboring church and will be Lot 10A. Lot 10B is the location of the Miller house.
Phil Bryson asked if the parking lot is across the road from the church. La Shot
answered yes. Bryson asked if the City has discussed vacating the ROW on the
street due to bluff erosion.
La Shot said the City has discussed purchasing the church, but there has been no
discussion concerning ROW.
PUBLIC COMMENTS: None.
COMMISSION DISCUSSION:
Karen Mahurin noted ground clearing has already begun on Lot 10A. She felt
perhaps the plat should have been approved prior to the beginning of this project.
Planning & Zoning Commission
June 14, 1995
Page 3
pao~~~
VOTE:
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MOTION PASSES UNANIMOUSLY.
d. Corps of Engineers Permit -Foster Construction
MOTION:
RON GOECKE MOVED TO BRING TO THE TABLE FOR DISCUSSION THE CORPS
OF ENGINEERS PERMIT FOR FOSTER CONSTRUCTION TO DISCHARGE 20,000
CUBIC YARDS OF FILL INTO 4.5 ACRES OF WETLANDS. PHIL BRYSON
SECONDED.
STAFF COMMENTS:
Jack La Shot noted the application was in the review process by the Corps of
Engineers and the Commission could make comments at this time.
i PUBLIC COMMENTS:
Jack Foster, Applicant, said the area is along the Spur Highway, next to the old boat
shop (Action Marina). The area will be filled with material from the Spur Highway
project. On the front of the property will be a gravel pad, and in the back of the
property Foster's will run a business selling peat to the public. Foster added they did
not feel this was valuable wetland property, so it is being reviewed by the COE at this
time.
Chairman Walker commented that this was an appropriate use for this area and
directed staff to forward a letter of support for this project to the COE.
AMENDED MOTION:
RON GOECKE MOVED TO AMEND THE MOTION TO INCLUDE SENDING SUCH A
LETTER TO THE COE. PHIL BRYSON CONCURRED.
COMMISSION DISCUSSION:
Planning & Zoning Commission
June 14, 1995
Page 4
p~ooo [~~l
VOTE AMENDED MOTION:
BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
AMENDED MOTION PASSES UNANIMOUSLY.
VOTE MAIN MOTION:
BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MAIN MOTION PASSES UNANIMOUSLY.
e. Resolution PZ 95-34: Supporting Kenai's Ordinance regarding Livestock
MOTION:
KAREN MAHURIN MOVED TO POSTPONE THIS ITEM UNTIL A PUBLIC HEARING
CAN BE SCHEDULED BY THE COMMISSION. CARL CLICK SECONDED.
Chairman Walker noted this was anon-debatable motion and called for the question.
VOTE:
BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MAIN MOTION PASSES UNANIMOUSLY.
6. PUBLIC HEARINGS (3 minutes)
a. Resolution PZ 95-30: Conditional Use Permit for Extraction of Natural
Resources -Foster Construction
Planning & Zoning Commission
June 14, 1995
Page 5
p~pGlOd~D
MOTION:
RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-30,
CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES
TRACT 6, CONE S/D. KAREN MAHURIN SECONDED.
STAFF COMMENTS:
Jack La Shot noted he had received one call from a neighbor who was concerned
about dust control. This is the site of an existing extraction permit, the main difference
in the new permit is the reclamation plan. La Shot felt the new reclamation plan was
more realistic than the original permit, due to the high water table in the area.
PUBLIC COMMENTS:
Pat Doyle, Beaverloop Road, said the only objection he had to the permit was that
they would be hauling 24 hours a day. The people who live on the adjoining property
have problems sleeping, and this would mean there would be noise all day and night.
Ron Goecke asked Doyle if he had the contract and it demanded he run 24 hours a
day, if he would do it?
Doyle said he would have asked the neighbors first, before bidding the project that
way.
Jack Foster noted this is a 240 day contract. The State set the project up this way
because they cannot stop traffic on the Spur Highway completely. The trucks will be
running steady, but will be loaded in the back of the pit with a new machine that is
relatively quiet. Also newer trucks will be used, which are fairly quiet. At the end of
the 240 day contract the pit will be used between 6:30 a.m. and 7:00 p.m.
Don Moffis, Beaverloop, testified he lived in the house next to the site. He had
concerns about the dust, the removal of the scale after the project is completed, and
also the 24 hour schedule. He did not have an objection to the project, but asked that
a clause be put in the permit that if there were problems with the noise, that a different
access be considered to the pit.
Jack Foster noted he has agreed to dust control and also provided posts for a fence
to be built between the properties. He said he was willing to work with Moffis to solve
any problems that might arise. He had looked at another access to the site, but due
to a curve on the road, he felt it would create a dangerous situation.
Planning & Zoning Commission
June 14, 1995
Page 6
°p~~~D
Don Moffis, told the Commission he would still like a condition in the permit to protect
his family from the noise.
END PUBLIC COMMENT.
COMMISSION DISCUSSION:
Phil Bryson agreed with several of the concerns. He felt the dust could be controlled.
And perhaps Foster could work with Moffis to come up with a solution about the
sound. Bryson was also concerned about the decrease in the buffer zone from the
original permit.
Jack Foster explained that the city owns the property behind the pit. Sue Wright owns
the adjoining property, which she is proposing to develop into a pit. With her 100 feet
of buffer and the proposed buffer, it would be a 200 foot total buffer.
AMENDED MOTION:
CARL CLICK MOVED TO AMEND THE MOTION TO AMEND THE PERMIT TO
CHANGE HOURS UNDER "AFTER COMPLETION OF SPUR PROJECT" TO 7:00
A.M. TO 7:00 P.M. AN ADD THAT APPLICANT WOULD WORK ON NOISE AND
DUST CONTROL PROBLEM WITH NEIGHBOR. KAREN MAHURIN SECONDED.
DISCUSSION:
Don Moffis asked what recourse he would have if the noise got too bad?
Chairman Walker noted under current regulations if the noise level exceeds 85
decibels at the property line, he could take recourse.
Jack La Shot felt if the amendment passed, either party would have recourse if
problems arose.
Teresa Werner-Quade felt the amendment was vague and arbitrary and said she
could not support it as worded.
VOTE ON AMENDED MOTION:
BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER-
~UADE
YES YES YES NO ABSENT NO NO
Planning & Zoning Commission
June 14, 1995
Page 7
`' ~ u
MOTION FAILS.
Carl Glick noted he had made the motion intentionally vague, as he felt from the
discussion between the parties they could come to a mutual agreement, without the
Commission's input.
AMENDED MOTION:
TERESA WERNER-QUADE MOVED TO AMEND THE MOTION TO INCLUDE IN
PERMIT, DUST WILL BE CONTROLLED BY WATER OR OTHER DEC APPROVED
METHODS, AND THE HOURS AFTER THE SPUR PROJECT IS COMPLETED
SHALL BE 7:00 A.M. TO 7:00 P.M. KAREN MAHURIN SECONDED.
Don Moffis noted there was nothing in the new motion about noise control. He was
concerned he would have no recourse if there were problems.
Phil Bryson did not feel comfortable about not addressing the noise problem, and felt it
should be reviewed on a yearly basis. He also told Moffis any decision could be
appealed to Council within 30 days of the decision.
VOTE ON AMENDED MOTION:
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MOTION PASSED UNANIMOUSLY.
DISCUSSION MAIN MOTION:
Karen Mahurin felt there was no solution to the noise problem. It was inevitable in the
area the applicant lived. She felt the best solution was for the parties to address the
issue and work something out together.
VOTE MAIN MOTION:
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUADE
YES YES YES YES ABSENT YES YES
MOTION PASSED UNANIMOUSLY.
Planning & Zoning Commission
June 14, 1995
Page 8
,~ ~ ~ [}
s,~ j I' ~.
~, ~ ~ '.. ;
7. NEW BUSINESS
a. Comprehensive Plan Review -Social, Cultural and Educational Facilities
Public Facilities & Services:
Teresa Werner Quade=Airport, Health, Parks & Rec
Ron Goecke=Animal Control, Fire Department
Carl Glick=Police Department
Karen Mahurin=Library
Phil Bryson=Utilities
Kevin Walker=Senior Services
MOTION AND VOTE:
RON GOECKE MOVED TO CARRY THIS ITEM FORWARD TO THE NEXT AGENDA.
KAREN MAHURIN SECONDED AND ASKED FOR UNANIMOUS CONSENT. NO
OBJECTIONS. SO ORDERED.
Teresa Werner-Quade said she had no problem with this, but asked that Bill Toppa be
given the section on Health as she did not have time to complete it.
Chairman Walker asked staff to inform Toppa of his assignment.
8. OLD BUSINESS
9. CODE ENFORCEMENT ITEMS
10. REPORTS
a. City Council -Not Available
b. Borough Planning
Phil Bryson reported on agenda items, none of which were specific to Kenai.
c. Administration
Jack La Shot noted the Spur Highway project begin at Bridge Access Road and go
toward Soldotna. The original plan was to begin from the other direction and end at
Bridge Access.
Planning & Zoning Commission
June 14, 1995
Page 9
~~&D
11. PERSONS PRESENT NOT SCHEDULED
}
12. INFORMATION ITEMS
a. Letter from Wendy Knight, Housing Coordinator, Central Peninsula
Counseling Services -Transitional Living Unit - 211 Sterling Court
Chairman Walker said he was not satisfied with the letter and wanted staff to
readdress the issue to see if the project demanded a conditional use permit. The
Commission concurred.
13. COMMISSION COMMENTS & QUESTIONS
Karen Mahurin asked to be excused from the June 28th meeting.
Phil Bryson asked to be excused from the June 28th meeting.
14. ADJOURNMENT
There being no further business Ron Goecke moved for adjournment, the meeting
was adjourned at approximately 8:42 p.m.
Respectfully submitted,
~ ~ /~~v~
Loretta Harv , Administ tive Assistant
Planning & Zoning Commission
June 14, 1995
Page 10
5a
STAFF REPORT
To: Planning & Zoning Commission Prepared By: JL/kw
Date: June 22, 1995 Res: PZ 95-35
GENERAL INFORMATION
Applicant: Integrity Surveys
605 Swires
Kenai, AK 99611
Requested Action: Preliminary Plat Approval
Legal Description: Strawberry Road Innes Subdivision
Located in the E~/2 NE ~/a SEA/a Section 6, TSN, R10W, S.M.
Kenai Recording District, City of Kenai, Kenai Peninsula
Borough, Alaska
Existing Zoning:
Current Land Use:
Rural Residential
Low Density Residential
ANALYSIS
Water and sewer not available. No installagion agreement necessary. Further
resubdivision of the unsubdivided remainder will require an installation agreement.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS
1. Resolution No. 95-35
2. Plat Comment Sheet
3. KPB Plat Submittal Form
4. Proposed Plat
CITY- OF KENAL
PLANNING AND:ZONING COMMlSS10N
RESOLUTION NO. PZ 95-35
SUBDIVISION PLAT°~
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Strawberry Road Innes Subdivision
was referred to the City of Kenai Planning and Zoning Commission on June z 8 , 1 9 9 5
and received from Inte~ty surveys ,and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1) Plat area is zoned Rural Residential (RR) and
therefore subject to said zone conditions.
2) Water and sewer: Not available
3) Plat (d~a~ (does not) subdivide property within a public improvement district
subject to special assessments. There {is~ (is not) a delinquency amount owed
to the City of Kenai for the referenced property.
4) Installation agreement or construction of improvements (~ (is not) required.
5) Status of surrounding land is ( (~t~~r) shown.
6) Utility easements, if required, are (not) shown.
7) Any existing structures must be shown on plat.
8) Street names designated on the plat are ( correct.
9) INCLUDE STATEMENTS ON ATTACHED STAFF COMMENT SHEET.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVE sTRAwBERRY ROAD INNES SUBDIVISION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE OR ON ATTACHED
STAFF COMMENT SHEET.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CfTY OF KENAI,
ALASKA, June 28 , 1995.
CHAIRPERSON
ATTEST: Planning Secretary
PLAT COMMENT SHEET
RESOLUTION PZ ~~-~-~j
SUBDIVISION S-~-raw~y 12aad T-~h~1- S~/~•'v~o~
CI~T1Y ENGI^N'EER:
~ V a t, In~1~~'~~~ ~ /CF.rH ~w'~
~ ~ ctr,~Ubd;v ~de-~(
BUILDING OFFICIAL:
iv C
/t~sJcw~ -~~~r-E-~e,. vcs~ ~ v i so ~
~P.t~. ai ~ d G,, W ~ t ( /e~~ i ~ ~
PLANNING COMMISSION:
--; .
`-~-'"~ KENAI PCNII~ISULA Il0R0UGt1
~. 1
`, Plat Submittal form
..,
rirsi~~.~ame r
.2.0
~~
Plat:'. Name: t, 2
~" Preliminary Plat
/!`~' Revised Preliminary flat
Address:
v
~' JUN 1995
i rt P,~~e4~ed
.
~, F
~ Csty of Kenei ~
Public K'orks Dept ~',,~;'
, .. .
C ~~U f
\, ~•
~>
/~ rival Plat - Preliminary Approval Granted
Date
/~ Revised rival Plat - Preliminary Approval Granted
)ate
so
"t'- Plat riling tees in Amount of $ ~-~~ Attached.
'/~ rival Flat - Fees prevlously paid on preliminary.
Abbreviated Plat: (yes) ~ (no)
Z~yes, use >>reviated Plat Submittal Form)
~~ ~'~ o1-~I' -`Qilu~ S Nr ~+~ bh We S~~a. c~
General Location: 4 r~ ro ~d
USE: Residential ~~ Recreational ~---Commercial
v Agricultural Other;
3 Copies of Plat ~ have Dave not been suhmitL-ed Lo
City o~ kP~~~-> --
CURRENT ZONING WtiERC APPT.ICA(1I,1? :
SCWER: ~ On site City Community
tJAT);Rs _~ On site City Community
ExcrPTioNS R>;c~uiREn ANn Rrc~ursrru:
~. "
2.
3.
4.
5. None
rnb1MFNTR
~ 1__
_- ~ to
N
y Z 1 0
¢~GF F~ o
m W W Z
~
m
w a rn
i t-
LL w ..
a r- ¢
in
a a.
S
Ur rn~
O ~S e
O ~.,rt
n fl VU
WIJw
Om
11 W -
_L m o ~' L;i
rcp ~ ~ ~,
~~ iii z'~,
rnrt
~~)
L1
- rt J
~m~F
w`r-
r m
in
i ¢ _
r-3~
n~
wo
LiJ r O=Wii ~
'tLLV JON
z
- ~-. °.
in sWtio n
vlJw zj_r
°,w
(
)
~ o' z a
zav => > is
f~~m ~ w o
~ar~J
~-~ r
3t?zv°
~
~ - -
i~
' -ie3
ran d
f) LJ o~ - ~~
I.~I ~amJ>
W "viiK
~ `rta~i
1~
~ OI
sows
wr"u' W rt
>'c.
?
T5 rtwy
~~ °oii
rt =win
mo
i av -
w
- r'Ql Ojy Fr-3
`
W z
Qnom. ~aa ~~"rz
~-~ LrZsa= o~
w cwioQ
ma00W 2
2
FU i.U
OlZ/r
w Z) a ~r-W
O l1. TraZ
W W
L_
Lil
1-lI r`
5
i `~
c1_
1 /1 in
3
11. r~
U
L_ z
a
In
,~_ m a
R" O
o~
r~ ~ rc ,c
V Q uZi u
~i 'cam ~.p
O (n m u
'CJ Y
co_
cJ u c
.~ Ny
~O
„Q rwn
`' ~ U
C„T' ~ u
E^ w.~
`i 1 z N
~ ~o
w ~'
r~~ m o
rr~^i C+ V u °
vl ~ y~Y
_ _O
~ s ca
uy o
z
z
Z
J
n
r~,
G
rc
v
m
-1 J
u
z
n 4
O
~~
CL. LL
[L Y
1
~
~- >
Q U
m Z
n rn w F ~
~ CL C ~ rOY
rl °
u w O
m J
a
in < ~ a
J ~ N
~ O
m
_ 3 z
~ 1- O W J
S J N d
N rn
~ W ~
~ z rn
°' Z
Q Q
~Q ~ rc
W
~ Q d- zs
Cnw m
~Y M o
~~ W
W o
z~ ~ o
_N ~ m
~ ~
CO ~ ::
WOInyW 14%C WO~ V O 2 ~
==w rt2 OW = Z W I U1 Or N ~ Z ~
_rno3r-- ~o~ _Ox ~ m ~ ti V r ¢ v~i rnl I rp
o N rn
>~a
w
W rc m~ r
o w~m_
~}> I ~,c5-~1J~~ I Q~F~'LNN~~ ~ of WZ~w
L
0
~ I ~, I ~,
~~ ~~r~~~ ~ a~Q~,~ ~ o ~
_--i---- -i-----1-----1----~
RF'fiR6 7..Fh.11.lNIC -.
,IO~SSI ,IO~SSI ,10'SSl ,IO~SSI .IO~SSI ,46~hS1 ,00'09
ep,
~ ~
~ ~ C~ 'SI' t(J Cp w ~ ro
.° a ~
m N~a n :o a ..
-. ~ n ° rn a
-I.,a n ~ ;° a
rn ~1
~ n m a Y
~ -iv n ~ a. N ~~r H
o Oo w°
'D 0o w
i° Oo w°
~ .
N Oo w
'°°, Op w° ya n ap
O
p !^
o~,
rn (q
pw
N ~ ~ r`I ~ ~ ~ r~
l
N l ~ N ~ N
Z ~ ~
~ ~
~ z
,l0"SSl ,10"SSI ,IOSSI ,IU'SSI ,10'SSl ,80551 ,00'09
c w °o o
.
V .p ° '-~ ~
Y ...
y~
L
N L
.T,
~6-
O ~ D O
p
o O ~p O
op u
n
c
o ~v°
Y O .S„
~ U o
_°uw
r O `' O
~ O ~ T
L n
~_ oov = _°o
c
v a°°m iou
°-°o
°
_5 „Ec _
v
> n v
U ~ -
0~ 0 C w 0 C
OLO
o u ;
~ e~
~
° °
~ S
- o - - _ ° E
o a 'o ° v ° o
c o
~~ ~ v o c u E ° '`>
h
? i L H O V lil
.
y0 V.,vV C E O
O O
W
~ .C
V
o u O O
- p ~ ~
o
=
i °
.. °€o...
V
u .c~o oc
E
~ E~ ~ :°
C ~
O -
« Q
O
°
- a
~ tl
~,
-~ v°°_ E i E a. ii
L
~~
O
°-
C ~Z ~ ° K O
o 0 O
L °
Eo
°y,
o 3 ~ un~o
° y
_ -
i.
o3 r _ ° u ° ° a
Y ^ a
ao~;° 3 ~°`a is r'n ~
CJ
Z ~ ru r~
£~
11j
1~:
spit
i1
J rt
O
,v' m
D m
`,c~
rJ~
~)
CS'
~~-
P I ~ I P
~ I ~ I d ~
~a
~ a
_ ~
Q
` i` 1~
;
¢.~~ n oI
.
tL
IO ~.
~
_~ o ~L^+^
I ~ OJ-
d-
,,, z
~~
I,) j 1\\~
v"r~~b°
w-°a °E~
„s~~<°
D$n
c o~
o~ v$ o
H
o
Q °av p~'N
O
~.' ~ r
11 rn o E x o c
.
^ ~ ~' _
H ° o.rmu
>
~
~' T ~
O
Z U W .C N O e 0 ~.
~
O
n m
~ aL
O O V N i
"
°~
'
a $
t
_ v
~ m ~~
.c°, ~,~, o- o c c
°
o m
(/l c E m
~ Erna 8 v ~
O
o
c
.., % ~" I 1 1 ~~L m
~
~.
D E ~ y ~. o. y e.
° ~ O O O c ~ E
~ r 0 O C y
° c ~ ~; ~ ~ ~ ~
¢ ° °
~
° ~
~ E
~ ° m
°~ vo vo vo
~ rn ~a ~a oa yr
~
~ _,eN-,
~ c ~ n
7: ~ u\i
7 ~
N 3 rc rc ~ - °
° ~
a
Vo
°
~
r o
u nnE' a,
v
~Jy'
`"err `Y _ _ _ Soa o
,Cl'066 M,Fh,1100N
5b
STAFF REPORT
To: Planning & Zoning Commission Prepared By: JL/kw
Date: June 23, 1995 Landscaping/Site Plan Review
GENERAL INFORMATION
Applicant: Diane Lofstedt
605 Main Street
PO Box 1042
Kenai, AK 99611
Requested Action: Landscaping/Site Plan Review
Legal Description: 605 Main Street
Existing Zoning: Central Commercial
ANALYSIS
KMC requires aLandscaping/Site Plan Review in Central Commercial zone when valued
at more than $10,000.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS
1. Landscaping/Site Plan Review Application
2. Proposed Site Plan
LANDSCAPING~SRE PLAN REVIEW
APPLICATION
APPLICANT ` `~. .~~
ADDRESS ~ a`n •c
'MAILING ADDRESS
~~ r~c~ `"
e
PHONE _ 3 - ~~ C~ ~Z
ZONING C RR RR-1 RS RS-1 RS-2 RU CC 'CG IL R TSH
~
DESIGNATION (Circle one) .~
LEGAL:.PROPERTY ~^ '~~~``'~ •`+~`s~r ~m
OWNER t~ev`cLL. 4~~b1¢. ~~ttrtl, <~ ~ic.c~ ~~-5
Please include the following in the SitFPlan. If not applicable please put an NA next to
the item.
a. Common and scientific name-of the planting aterials to be used in the
project. ~I~O~-~r-Q ~ 1~~~'~-~~ ~r, ~ ~Lc~-«,~2 r5 ~ Sh.c~e.~4~-~
b. Typical planting details.
c. Location of all planting areas and relationship to buildings, p kin areas,
and driveways. - -Q (~we~` ~o ~~ ~ ~ ~-~-~ a~ ~(~!=~ ~ ~S ~
d. Identification and location of non-living lan~caping materials .to be used.
~U ~- e. Identification of on-site snow storage areas. -~ cc~nct.L ~"
~"A f. Drainage patterns.
g. Description of buildings, including building height, ground floor
dimensions, kinds of buildin materials, type of architecture anticipated.
1 ~t ~ ! (,. ~- c~bi ns ~ U~ ~n ~ ~ ~~ ~ d t ~ ~ ~ n , tZ~~~-.5
h. Physical features of the property inclu~iig location of all buildings,
ingress and egress, and unusual features of the property which may
restrict development and drainage.
Additional comments: `'j'~'l4 ~-'ti~-~c
lc-~22.
ci- ~-l~l.~`~-~-~a-1 t~ ~ ~.~-~~`~- ~r~
~~ ~~l-~~ ~ ~ e-u~ r I~c~c~~~s
~-~(o~ ~~1.(
cL ~
~..~~e_
~~-~~ ,
=~ ~ /~
'~~ i
,~ ~
~~ ~
i
r v- t`
.~
I
I
i
~"~9 fps .of~ ~
I
i
~~~ ~ ~ .
`tee'
~~ ~
V
N
t~ C
t n
J
i
u
X~I
I
~ ~
1
i~ ~ vv
----~
k~7+c
-- -~
\ ~
~ ~
\ r~
. _J
J
-il
~~
U~
~~ to
V3~ ~
4~
1... }.2.:
~ J
~
^ .
1 ~' ~ ~ J 1W,.1_
V
L~
~ ..L,
~
'r' ~
" 9~
L ~
~ ~R
CL'
y; 4' ~ y. (
~~
r
` Q--
~_
~
9
t ~
d
,:
~:
5~.
KElVAI PEIVINSIJLA BOROUGH
_ 144 N. BINKLEY SOI.DOTNA, ALASKA • 99669-7599
BUSINESS (907) 262-4441 FAX (907) 262-1892
-~ ~
DON GILMAN
MAYOR
KENAI PENINSULA BOROUGH
PLANNING DEPARTMENT
NOTICE OF PROPOSED UTILITY EASEMENT VACATION
NOTICE IS HEREBY GIVEN THAT AN APPLICATION TO VACATE A UTILITY EASEMENT HAS BEEN RECEIVED
BY THE PLANNING DEPARTMENT OF THE KENAI PENINSULA BOROUGH.
IN ACCORDANCE WITH CHAPTER 20 OF THE BOROUGH CODE OF ORDMANCES, ALL OWNERS OF PROP-
ERTIES WITHIN A 300 FOOT RADIUS MUST BE NOTIFIED OF THE PROPOSED VACATION. ACCORDMG TO
BOROUGH RECORDS, YOU ARE AN OWNER OF PROPERTY WITHIN THAT RADIUS.
AT10N: VACATE THE TEN BY TEN FOOT UTTLITY EASEMENT CENTERED ON LINE COhL'vION TO LOTS
1 A AND 2A, ORIGMAL TOWNSITE OF KENAI LADDVILLE REPEAT (PLAT 94-91 KBD); WITHIN SECTION
5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, CITY OF KENAI, ALASKA.
PURPO AS TATED IN P TIT10N: LOT LINE BETWEEN LOT lA AND LOT 2A ON ABOVE MENTIONED
PLAT IS BEING MOVED IN A REPLATTING PROCESS AND IS NOT NEEDED ANYMORE.
PETITIONER( ): CLARENCE LADD OF KENAI, ALASKA.
THE PLANNING COMMISSION WILL BE CONSIDERING, AND ACTING UPON THIS PETITION AT THEIR
REGULAR MEETING, MONDAY - JULY24, 1995. THE MEETING WILL BE HELD IN THE BOROUGH ADMIN-
ISTRATION BUILDING - 144 N. BMKLEY STREET - SOLDOTNA, ALASKA 99669; STARTMG AT 7:30 P.M.
WRITTEN COMMENTS MAY BE SUBMITTED TO THE ATl"ENTION OF BOBBIE HARRIS, KENAI PENINSULA
BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN
COMMENTS SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY -
1ULY 19, 1995.
FOR ADDITIONAL INFORMATION, CONTACT BOBBIE HARRIS OR LISA PARKER, RESOURCE PLANNING
DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN THE KENAI PENINSULA BOROUGH).
~\
~`~
~ ~J
_ ~~/
~~ -~~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~, z i
fr:\ Yt'Il v ~ ~ I yp JW - W I. ] V1~ 2m ¢ ~ e nl
,. ~ /'vl^il 1 „ 'ti/ U) w ~ ~ a _ - Wil . ~ O ° a a ~ ~ o_ a;
~. D a - 1- V" 'U ~ c ~ a y r
C. G O ox~~~ ^ni3 WI ~ ~I ~
J 1 N o c ~_ .~•~
I - S :J Ql N 1
w `OIL ti~U~ -UU ~ ~ I ,. I Y h Er ~ ~ \O ~~ J
~ ILI ~2> ! ~ ~ ~1 -~ A y H ~ P ~~ ,^
~:. _lZ7 WI ~I ~Z"?~ _ O VI ~ ~-'. L '[..l O NC ~1J IP
~_ _-_./_-7~_-_-4_ I-I awl`rt ..ia Q O I _. . o y c7 ~e c~ a 1""'~j V1
~ ---i Via <l~-~ _r> -c°a .~ m V 2 C'!.~ .a .. ~ ZOO: r
,in a °
~ 1"ao~ 'nW ~ .~ CI; I Inx ° W m ~a ~ ~~ ": ~Y c_ ~~ W
'. 0'I ~: `o;-~_ =.7 -°•c Quo [.W i ~ a v m b. ~.c eo 'c. :~ +
~ C.)I ~ o ul a ~ ~: z =~ ;j c a: '=-~ o I E° v+ z- z
= V N N
.. O w
Ro'~^>= ?i~ Loo^~ m n ~~ ~ ~ a ~ li
V1U~~ _u0: ..J000Y N p S3 ~ UU Y t N a l ~O~
P
/1 V W>pl
-~ tr Q W „KR<1
\~~ > \ V ~~ wii X11
Q' O I.H ¢ '- D-Y 1
\ n
C? ~ a
u _.
rte` ~ ... ~~~~~~'4
y ~i
I `~ ` °i~ I ~- :.av eu C /.~ M.9Y CON) ~~ ~ Q ^~ _ i'
~ •' •_
611' 1 _ -- dl
.~/ ^,~ I lIN I 'J ~_M t ~ ~ P ~ ~ gggµggg '^ r
~`~ I 11-AL JO 'O '~~ ~ _ _ ~T~
- In r '9 "r
N r
IC ~ i1Y ~
d ~ '~ o / ~ •
O ~ 1 - .o .o ° 6` tip .." '(
`f~ ~~~~ w
H Imz., ~ . ( 1) aul lol ~awq~ [~ ~.:J v ~ w u . .
aG `a m o ~n `of''E°p~
(~ °i Imv SA l51~ 2~- a !s 1~ ~ poa ~°~
W C6'r01 '•lC.9l,90N n o n ~ ~ 1 } - "~e ~ ~ c
~ wt o c o
0 _ d I ~ o c ~ 0 .3ff6~~-6~8 '~ va ~ O -- ~ ~ fiwE~ o~
rn~= w n ~ r~ ~ ~ 'a ` o E ° c
I _ °_-~ I n ~ • •
~, yo UO ,^ om° ~ ~ f E'°
0 o c~°. _. ~ o ~~ t E
~" J / , VV
~/ .'h WWII ~ -~vY ~ 00 _ w ,
v`I~ ~ ...(CZZ GL 99j I aQ °~
k i ~/ I 'd.STj """ Sr ah~~ to,n151 ~ !~~ ~ ~ 4 ° a. 5 ^ o -
~ GJ ~ _ ,~ 42 roo O c c '~ ~ _ r
_ ~ ~ a ~7S az9
~// - ~ {~( mil) I(7~ ,-~(7I °
~' Iv ~ ~ ~ ds y '$ o
ISI Q o °`n m ° ° o
[S -- __
_ o ° ao °c° ~ o
.. I d ~..~~ ~ °o £
o ~ I L _ ^
I ~ i,:j ~ `~ y ~ I c ^
-° v,, r ry ~ E 8 ~ ~ €
_ __ ;. _ ~/ obi ~ - `-
_ rc // I ry -vo _ ua Eo Jg4 ~ `o
~ u r o o I .OC 3 3 ~ ~+E _u ~~€ o En
Y ~ `•` N V ~, o -
p ~ U
-, ~,, v ~, a I~N E~ o i ..o ii.~ $ o c
i'I Ems- ~~ 3EE
_~
z _ r .,
~, 1
6~
II TO: Planning and Zoning I Prepared by: JL/RS/LH II
DATE: June 8, 1995 Resolution No. PZ 95-33
REQUESTED ACTION Non-conforming use in a General Commercial
Zone
LEGAL DESCRIPTION E~/z, of W~/2, of NWT/a, of NWT/a, T6N, R11W, Sec
35, SM, Kenai
EXISTING ZONING General Commercial (CG)
STAFF ACTION Sent 4 public hearing notices 6/13/95
OTHER None
ANALYSIS:
The applicant plans to remodel an existing non-conforming residential structure in a
CG zone. KMC 14.20.050 (d) & (e) disallows an increase in non-conformity of the
structure or use. The residence is away from the Spur Highway near the CG
boundary and is near other homes.
RECOMMENDATIONS:
Recommend approval.
ATTACHMENTS:
1. Resolution PZ 95-33
2. Application
3. Site Plan
_~
CITY OF KENAI
PLANNING. AND ZONING COMMISSION
RESOLUTION NO PZ 95= 33
CONDITIONAL=IISE PEl;MiT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT
FOR Conditional Use Permit-John Ragan
USE Nonconforming Use in Commercial Zone
LOCATED 2021 Wyatt Way, E Z, of W Z, o NW 4, T N, RITV~, ~ec.~-
WHEREAS, the Commission finds:
1) That an application meeting the requirements of Section 14.20.150 has
been submitted and received on: 6 / 12 / 9 5
2) This request is on land zoned r_e.,Arai C'nmmart~i al ([_G)
3) That the applicant has demonstrated with plans and other documents
that they can and will meet the following specific requirements and
conditions in addition to existing requirements:
a.
b.
4) That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on: 6 / 2 8 / 9 5
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT)
DEMONSTRATED THAT THE PROPOSED nu~lex MEETS
THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL
TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, June 2 8 , 1995.
CHAIRPERSON
ATTEST: Planning Secretary
RESOLUTION PZ S 33
~ , ~~
CITY ENGINEER:
---~r~ ~~ l'. co..~ -~ Ia.~S -I-o rewi u G~ av~ ~ r`~` ~-~ ~~, ~ /1Q ~ - Cd ~-{v ~~,,w
~s~do-w~a ~r~c~-fwre ; ~ ~~ ~~ ~o~-e _ ~v~ L i `f. 20. oso ~~t~ g ~~
1S Gc.,~` U ~J 1 0. ~ t ~ C V C Gf S2 ~ -^ n d vi - L' 0 n~a / t~ ~' %u ~ ~ '~'~i~ L ~ S f {u L~~( -~L
~' US2 ~ ~ V~i ~P rS GLtIJQ.~ ~/ o r• ~'~ ~S~vt ~ " ' +7
~~ t --~I~,C C: C~ bD Gr nc~Gt ~' y end i.S n PQ' ~ ~ Pa ~ ~ CJ-' .
BUILDING OFFICIAL:
IU
PLANNING COMMISSION:
CITY OF KENAI
CONDITIONAL USE PERMIT
NAME I n N ~ C~ • ~ ~ ~
PHONE -
MAILING
ADDRESS
~• ~ . ~i D
~j 902
S.~/ ~ 99~
ADDRESS Q~ f A-~--~~ .~ N
LEGAL
~ ~ , ~ W ~ , ~
/Ull~~ ~ ~ t /
/U CCJ ~ ~ ~(o !~/
DESCRIPTION / ~ E.l2 Fe ~ T
ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl
DISTRICT
Section 14.20.150 of the Kenai Municipal Code outlines regulations
which allow Conditional Use Permits for certain developments.
PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE
SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND
THESE CONDITIONS.
A Conditional Use Permit issued by the Kenai Planning
and Zoning Commission is required for some uses which
may be compatible with principal uses in some zones
(~(~IR, if certain conditions are met. I understand a
~//~ conditional use permit is required for the proposed
developmen as described:
~L # ~ ~
Please submit site Plan, Map (if available) and
Traffic Flow & Parking
Please submit plans showing the location of all
~~ existing and proposed buildings or alterations,
elevations of such buildings or alterations, and data
as may be required.
A Public Notification and Hearing is required before
~ the issuance of this permit. A $105.00 non-refundable
L deposit/advertising fee is required to cover these.
notification costs. (Please see attached sheet).
An approved conditional use permit shall lapse twelve
months from the date of approval if the nonconforming
use for which the conditional use permit was approved
has not been implemented. The Commission may grant a
time extension not to exceed six months upon a
finding that circumstances have not changed
sufficiently since the date of initial permit
approval. A request for extension must be submitted
prior to expiration of permit. A public hearing
shall not be required as a condition to granting the
extension.
ADDITIONAL COMMENTS:
Applicant Signature: ~ ~ Date: ~o '" 7- 9~..7
Approved at P&Z Meeting:
Approved: Chairperson Attest•
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
wF~nau
~II~'I'
i~z
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been scheduled for the Planning and Zoning
Commission Meeting of June 28, 1995:
Conditional Use Permit for Non-Conforming Use in a General Commercial (CG)
Zone. The applicant is John Ragan and the permit is for property described as,
E~/2, of W~/2, of NWT/a, T6N, R11W, Sec 35, Kenai, Alaska (2021 Wyatt Way).
The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone
wishing to present testimony concerning this permit should do so at the hearing or
submit written comments to the City of Kenai, Planning Department, 210 Fidalgo,
Suite 200 Kenai Alaska 99611-7794 prior to June 28th. For more information please
contact Jack La Shot or Loretta Harvey at 283-7933.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY
WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY
( N 89'S7'w 330')
33' SECTION LINE EASEMENT
EI/21M1/2 NWI/4 NWI/4
SEC. 35. T6N. RIIW.
0
N
M
3
O
O
O
2
OF A
SHED
SHEDS
N,pn~(r \ i e
Me~„E
7G I e
\~ I o 31 .4 i oa
_ •
Ih ~ae4 Feudetlee n
I 70.2'
~ •~
a`~
,' I
O~
r+
Bloek
Bldy. ('~'~o
M'ELL
100'e -
n_ 30' Ee.eeeet for
1 Lyre.. • Eyru.
Ia+e. IIao~LWhslee0 ~•~
ee 116101 ~1 0
11• AOFESSWNA~~~
Ealu ley Reeb ey
--_--_--~ 6Utllltler -_-_
-- n __ ~_
AS-BUILT SURVEY
I hereby certify that I have surveyed the following
described property:
E1/2 W1/2 NW1/4 NW1/4 SEC. 35
T6N, R11W, SM, Ag.
and that no eneroochments exist except os indicated.
EXClUS10N NOTE: It la responsibility of the ownor to
dstermine the existence of any easements, covenants,
or restrictions which do not appear on the recorded
subdivision pint. Under no circumstances should any
data hereon be used for construction or for eatab-
lishfnq boundary or fence lines.
O
N
M
3
O
O
Z
LEGEND
~ Fnd. Mon.
• Fnd. R•bor
O Well
SCJLE
~ S•ptic Vent 111 60t
( ) Reeord Dato
Dore: 6/7/95
Job No.: 95-1657 Revi~•d:
WHITFORD SURVEYING
1908 Wyntt Way
Kenai, Alaskn 99811
~~
,.,~
~\'
\;~
,\
F
h
~~
h
~~
Q
O
v
h
MEMORANDUM
DATE: done 6, 1995
TO: Jaek La Shot, C.E.
Car' Graves, C.A.
FROM: Loretta Harve
SUBJECT: Clarification of Grandfather Rights
E 112,E 112, NW 1I4, NW 1f4, T6N, R11R', Sec 3S
ftf~~~~~~f~fffffff~ff~~~fff ~f~~f~~ff~~~tfff~ffff~f~ffftffffft~ft~~t~ttff~~~f~f
On the above referenced date, John Ragan, the owner of the referenced property
came into City Hall. Mr. Ragan is planning an extensive remodeling of the home on
this property. During the appraisal process to secure a home improvement loan, Mr.
Ragan discovered he was in a General Commercial (CG) zone. A residence is listed
as a secondary use in this zone.
I can find no record of this property ever being rezoned to CG. It appears this was
zoned CG when the zoning map was incorporated into the KMC. The house was built
in the early 1970's, and the applicant has always believed he was in a residential
zone. Would the applicant be exempt from the CG zone requirements, in regards to
this home under grandfather rights, or should he apply for a rezone to a residential
designation?
~ ,,,n,~ ~.,~~ `y ~o ~/ C ~ -E-a ,~a.k,e ~rf-?1v~S ; /2 ~~`~,e/1-
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ 95-34
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, SUPPORTING THE COUNCIL OF THE CITY OF KENAI'S
ORDINANCE PROHIBITING THE KEEPING OF CERTAIN KINDS OF LIVESTOCK
WITHIN THE CITY OF KENAI EXCEPT WITHIN RURAL RESIDENTIAL ZONES.
WHEREAS, the keeping of goats, horses, swine, sheep and cattle within non-rural
residential zones within the City of Kenai creates sanitary and odor problems for such
zones; and
WHEREAS, the restriction of the keeping of such animals to rural residential zones
within the city will reduce such problems; and
WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such
animals to rural residential zones;
NOW THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA THAT KMC 3.10.070 be enacted as follows:
3.10.070 Livestock within the city limits: (a) Except as otherwise provided in
this chapter, no person shall keep or maintain within the city any cattle, horses, sheep,
swine or goats.
(b) This ordinance shall not apply in areas of the city zoned rural residential.
The keeping of livestock otherwise prohibited by this ordinance may be permitted by
special permit from the Chief Animal Control Officer. Such permits may be issued to
permit circus performances or other public exhibitions or entertainment events.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, the 14th day of June, 1995.
CHAIRMAN
ATTEST:
Loretta Harvey, Planning Secretary
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. -95
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
PROHIBITING THE KEEPING OF CERTAIN KINDS OF LIVESTOCK WITHIN THE
CITY OF KENAI EXCEPT WITHIN RURAL RESIDENTIAL ZONES.
WHEREAS, the keeping of goats, horses, swine, sheep and cattle within non-rural
residential zones within the City of Kenai creates sanitary and odor problems for such zones;
and
WHEREAS, the restriction of the keeping of such animals to rural residential zones within
the city will reduce such problems; and
WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such
animals to rural residential zones;
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA THAT KMC 3.10.070 is enacted as follows:
3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this
chapter, no person shall keep or maintain within the city any cattle, horses, sheep, swine or
goats.
(b) This ordinance shall not apply in areas of the city zoned rural residential. The
keeping of livestock otherwise prohibited by this ordinance may be permitted by special
permit from the Chief animal Control Officer. Such permits may be issued to permit circus
performances or other public exhibitions or entertainment events.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
1995.
ATTEST:
Carol L. Freas, City Clerk
John J. Williams, Mayor
Introduced:
Adopted:
Effective:
December S, 1994
AGENDA
RENAI CITY COIINCIL - REGIILAR MEETING
JIINE 21, 1995
7:00 P.M.
RENAI CITY COONCIL CHAMBERB
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Al1 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. Stan Steadman, EDD - Offer to Sell/Grant ARCO's Kenai
Warehouse.
C. PIIBLIC HEARINGS
,r~~~ 1. Resolution No. 95-37 - Expressing the City's Intent,
~~ Subject to Appropriation of Money, to Contribute
$100,000 to the Economic Development District, Inc.
(EDD} for the Acquisition of the ARCO Warehouse and
Office Complex in Kenai.
2. Resolution No. 95-34 - Transferring $3,000 in the
~22~,e_2~G/• General Fund for Parks Management Software.
3.
~ ~'
~ Resolution No. 95-35 - Transferring $6,200 in the
~
/ Congregate Housing Fund for Repair and Maintenance, and
Repair and Maintenance Supplies.
~
~ 4. Resolution No. 95-36 - Awarding a Contract for a
~
~2
j Project Entitled Kenai Dock Float Access Ramp and Float
Reconstruction at the Kenai Municipal Dock to
for the Total Amount of $
~~~ ~. 5. Ordinance No. 1652-95 - Amending Kenai Municipal Code,
Title 6, Entitled "Elections."
D. COMMIBBION/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 June 7, 1995.
F. CORRESPONDENCE
G. OLD BIISINESS
H. NEW BIISINESS
~O~i?~t/f'~ 1. Bills to be Paid, Bills to be Ratified
/~,Jj-Ov~ 2.
~'~/"/- Purchase orders Exceeding $2,500
3. *Ordinance No. 1654-95 - Increasing Estimated Revenues
and Appropriations by $2,500 in the General Fund as a
Result of a Donation from ARCO.
,,J
~y]~~/e~ 4. Approval - Lease application by Craig R. Lofstedt d/b/a
Kenai Air Alaska, Inc.; Lot 3, Block 2, General
Aviation Apron.
~ ~~ -~-5.
~ Approval - Cancellation of Coast Guard Lease, DGPS Site
~ and Discussion of replacement Site for Coast Guard.
~~ ~~ 6. Discussion - Set date for Board of Adjustment hearing
~
~~qq~ on appeal of DeWayne Benton regarding denial of
~
~ rezoning permit on Lots 3 and 4, Block 8 Shaginoff
Subdivision.
I.~ ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
a. Robson; Bankruptcy
4. City clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCIISBION
1. Citizens (five minutes)
2. Council
R. ADJOIIRNMENT
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
~ BOROUGH ADMINISTRATION BUILDING
CONFERENCE ROOM B
SOLDOTNA, ALASKA
JtTNE 26, 1995 7:30 P.M.
Tentative Agenda
Jobn Hammchnan
Chairman
Ateawidc
Term Expires 1996
Philip Bryson
vice chairman
Kenai City
Term Expires 1995
Ann Whitmore-Painter
Parl;amcntarian
Moose Pass Area
Tenor Expires 1997
Peggy G. Boscacci
PC Member
saan~ia city
Term Expires 1997
Wayne Carpenter
PC Member
Seward City
Term Expires 1996
Robert Clutts
PC Member
Anchor Point
Term Ezpires 1995
wes Coleman
PC Member
Soldotna City
Term Expires 1996
Lcmy Gannaway
PC Member
Homer City
Term Expires 1995
Ellis Hensley, Jr.
PC Member
Nikiski
Term Expires 1996
Debra Home
PC Member
Kasilof Area
Term Expites 1997
i Tom Knock
PC Member
Cooper Landing
Teem Expires 1995
A. CALL TO ORDER
B. ROLL CALL
1. Introduction of the New Planning Director, Lisa Pazker
C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF
CONSENT AGENDA
1. Time Extension Requests -None
2. Plats Granted Administrative Approval
3. KPBPC Resolutions
to b
a. Renaming Certain Public Rights-Of--Way Within Section
31, TSN, R8W; Section 1, T2N, R12W; Section 36, T3N,
R12W; Section 27, TSN, R8W; Section 18, T3N, Rl l W;
Section 6, T2N, Rl l W; Section 26, TSN, R9W; Section 32,
T3N, Rl l W; All Within the Emergency Service Number
(ESN) Area 303
4. Coastal Management Program
a. Consistency Reviews
1) National Forest Planning; Rule Proposal; U.S.
Forest Service; AK 9505-02PA
2) Kenai and Soldotna; Beaver Creek 14/Fill
Placement, Commercial; Foster; AK 9505-68AA
3) Anchor Point; Timber Harvest/Detailed Plan of
Operation; Kluckwan/Clemson; KK 95-13
Don Gilman, Mayor
Dick Troeger
Planning Director
Maria Sweppy
Admin. Assistant
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations. Project summary and
determination without staff report.
d. Current Administrative Determinations
1) Ninilchik; Timber Harvest/Detailed Plan of
Operation; Covey/Ninilchik Native Association;
KK 95-11
2) Ninilchik; Timber Harvest/Detailed Plan of
Operation; Browning Timber; KK 95-12
5. Commissioner Excused Absences
a. Phil Bryson
b. Bob Clutts
6. Minutes
a. June 12, 1995
D. PUBLIC COMMEN'T' AND PRESENTATIONS
(Items other than those appearing on the agenda Limited to 3 minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
1. Proposed Land Classifications
a. Classification as Waste Handling of Government Lot 2,
Sec. 8, T2S, R14W, S.M. Alaska (Postponed from
May 8, 1995)
2. Proposed Street Name Revision
a. ROBERTS AVENUE within Roberts Subdivision, Plat 75-
134 KRD, Section 18, TSN, R8W, Funny River Road area,
proposed to be renamed to PENINSULA AVENUE
(postponed from June 12, 1995)
2
F. PUBLIC HEARINGS
1. Vacate portion of Alder Street and associated utility easements
lying between Tract 5-A, Chapman-Jeppesen Too S/D and Lots
19-A and 19-B, S. J. Chapman No. 10. Section 4, Township 5
South, Range 15 West, Seward Meridian, Homer Recording
District, Alaska
KPB File 95-083
2. A Resolution for Borough Land Classification of the Skyview
High SchooUSoldotna Landfill Area
G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS
1. U.S. Forest Service Moose Pass Cooperative Project
Environmental Assessment/Review and Comment
I. CONSIDERATION OF PLATS
1. Beaver Dam Estates Part Five; south of Kenai;
Preliminary; Whitford Surveying
KPB File 95-089
2. Clam Gulch S/D No. 2; Clam Gulch;
Preliminary; Johnson Surveying
KPB File 95-090
3. Hesketh Island Adventure No. 5; Kachemak Bay;
Preliminary; Mullikin Surveys
KPB File 95-091
4. Miller House S/D; Kenai City;
Preliminary; MCG
KPB File 95-092
J. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. DIRECTOR'S COMMENTS
N. COMMISSIONER COMMENTS
3
O. ADJOURNMENT
The next regularly scheduled Planning Commission meeting is July 10, 1995 at
7:30 p.m. in Conference Room B at the Borough Administration Building in
Soldotna.
d~'~ ~~~
Z ~ ~
~, ~~J1UN~~1t995
1~+ ~ ~`+rrl `~
~~~
~C~7 Birch Street
Kenai, Alaska 99611
Planning and Zoning Commission June 14, 199
City of k;enai
X10 Fidalgo Avenue
k,'enai , Al asi;a 9961 1
I wish to report a violation of Kenai ordinance i~.i~.p30,to
wit: Leavin of WrecE;ed Discarded Non-0 eratin or Ille all
Parked Vehicles, in the city of Kenai. The junk vehicle has been
left on this property at least since September 10, 1994, AND WAS
STILL THERE 1G~~;TERDAY , Jun e 13 , i 99S . At a fine of ~3~t~ per day ,
for 244 days, •t•hewtotat -,fine shoal d be ~73,2GU.
Tire maximum fine should be required as Teresa Werner-Quade,
the person in'con~rol -,af the property at 4~~9 McCol 1 um Lrrive, is
~ on the zoning commission. She E;nows full well that this vehicle
is in violation of the law...
Although she mentioned the presence of this vehicle at a
zoning commission meeting last September, the zoning commission
has taken no action; no charges have been filed.
Is this possibly because she is on the zoning commission?
~~~ ~~~~~
Gus N. Bodes
i
-( ` ~;, •'~ i~.. ~ , . 'c:-ire - - ~ 1~,' l
„~ ~~ ~~~ ~ ~sC~r~ri:
CITY OF K~
-- c~ e~~~ ~ n~~
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~S!
'III~1
~~:
June 20, 1995
US Army Corps of Engineers
Regulatory Branch (11456)
PO Box 898
Anchorage, AK 99506-0898
Reference: No.4-950146
Water No.: Beaver Creek 14
The City of Kenai Planning and Zoning Commission, at its June 14th meeting, reviewed
the referenced permit application submitted by Mr. Jack Foster. The Commission voiced
support of the application and requested this letter be sent to you.
The location of the proposed project is within a City of Kenai General Commercial (CG)
zone and the City Comprehensive Land Use Plan also designates the parcel as
commercial. The Commission indicated the project should be a benefit to the community
and is consistent with city planning objectives.
If there are any questions please contact us.
Sincerely,
v~
Jac La Shot, P.E.
City Engineer
JUkw
cc: Planning & Zoning
Packet 6/28/95 -Info.
c~p~~ ~ F~s~,-~ ~/zU/~s-
PIIHLIC MEETING NOTICE
~zc,
The Kenai City Council will convene as a Board of Adjustment on
Wednesday, July 5, 1995 at 7:00 p.m. (immediately prior to the
Council Meetings in the Council Chambers. The following item
will be heard at that time:
Appeal of Planning & Zoning Commission Decision
DeWayne J. Benton, Rezone Application '
The public is invited to attend and participate.
Carol L. Freas
City Clerk
~ DATED: June 23, 1995
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
~~~
'III'I
1992
MEMORANDIIM
To: Loretta
From: C ~ Cary R.
Date: July 10,
RE: House at
Harvey,
Graves,
1995
Planning & Zoning Admin. Assistant
City Attorney
211 Sterling Court
You requested an opinion on whether the Community Outreach
Program at 211 Sterling Court needs a conditional use permit. It
is my understanding that the house is rented out to a family on a
three month basis while the family finds more permanent housing.
The residents are provided with some support by the Community
Outreach Program. Residents sign a rental contract. The house
is located in the Suburban Residential (RS) Zone.
It does not appear that the residence is a group home. Even if
it were, it is doubtful that the city could require a conditional
use permit if the residents were classified as handicapped. In
Edmonds v. Oxford House, Inc., 131 L.Ed2d 801 (1995), the United
State Supreme Court held that municipal ordinances restricting
group homes on the basis of the composition of occupancy (whether
the occupants are a family) as opposed to restrictions on the
total number of occupants (related and unrelated) violate the
Fair Housing Act. This means the Fair Housing Act broadly
restricts the authority of municipalities to regulate group
housing for handicapped people.
Based on the information given to me I do not feel a conditional
use permit is required. It appears to be a single family
residence which is leased out to handicapped individuals for
short periods of time. Moreover, assuming the residents are
handicapped, requiring a conditional use permit may well violate
the "reasonable accomodation" provisions of the Fair Housing Act,
42 USCA §3604(f)(3)(B). That section makes it illegal to refuse
to make reasonable accomodations in rules, policies, practices,
or services when such accommodations might be necessary to afford
persons with handicaps equal opportunity to use and enjoy a
dwelling.
If you have any further questions regarding this matter, please
let me know.
C: \41PDOCS\IdORK\CARY. LH