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Home My WebLink About1994-11-09 P&Z Packet.. j City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** November 9, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PLANNING .... a. Resolution PZ 94=57: Prelimiri Plitt - Deeowood. Park No. 2 a. Resolution PZ 9~ ~4: b. Resolution PZ c. f a. Resolution PZ~~34-51 7. OLD BUSINESS 13. ADJOURNMENT Code J` ,. City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION "'MINUTES** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Bill Toppa, Lori McComsey, Teresa Werner-Quade, Kevin Walker Also present: Councilman Hal Smalley, City Engineer Jack La Shot, City Clerk Carol Freas Chairman Walker invited the Mayor to swear in Bill Toppa. The Mayor welcomed Toppa to the Commission and issued the oath of office. 2. APPROVAL OF AGENDA MOTION AND VOTE: CARL GLICK REQUESTED THAT ITEM NUMBER 5, (CONDITIONAL USE PERMIT FOR HALFWAY HOUSE), BE MOVED UP ON THE AGENDA, TO BETWEEN 3 AND 4, DUE TO THE LARGE NUMBER OF PEOPLE IN ATTENDANCE THAT WISHED TO ADDRESS THE ISSUE. GLICK ASKED THE AGENDA BE APPROVED AS AMENDED. PHIL BRYSON SECONDED. GLICK ASKED FOR UNANIMOUS CONSENT. AGENDA PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES October 12, 1994 MOTION AND VOTE: CARL GLICK MOVED FOR THE APPROVAL OF THE MINUTES FOR OCTOBER 12, 1994. RON GOECKE SECONDED AND ASKED FOR UNANIMOUS CONSENT. MINUTES PASSED BY UNANIMOUS CONSENT. 4. PUBLIC HEARINGS a. Resolution PZ 94-51: Conditional Use Permit -Halfway House Chairman Walker introduced the item and asked the pleasure of the Commission. Kenai Planning & Zoning Commission October 26, 1994 Page 1 MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 9451. LORI MCCOMSEY SECONDED. Chairman Walker opened the item to public hearing and asked if there were members of the public who wished to speak? PUBLIC HEARING: Carl Helton, 1214 Fourth Avenue, said his wife and he were real concerned about this resolution. tt seems that halfway houses don't have a real good record. One of their main concerns is, there are no street lights. The closest street light is over on Birch. First, Second, Third, and Fourth on Birch have light, the next light is on Fourth up at Forest Drive. It's real dark in there, there's a lot of children. Mr. Helton read a letter he and his wife had sent to the City (attachment 1) into the record and thanked the Commission. Patrick Geraci, 311 Cindy Circle, said he lived directly behind the proposed four- plexes. He presented a petition to the Commission. Geraci said the names on this petition were gathered from Anchor Trailer Court to Fifth Avenue, from Spruce until Floatplane Lake Road there. There were only two people who. did not want to sign the petition. Everybody else said the same thing, they felt insecure with something like this coming into our neighborhood. Geraci has a seven year old son, and his wife is a den mother for Cub Scouts. His friends and people in the Cub Scout troop have told him they would feel insecure with their children coming over to play with his child, or having any den meetings with something like this in the area. If this halfway house is approved he said he would be forced to leave Kenai, sell his home and take a loss. His family was more important than his job or my home. He was opposed to the halfway house. Brian Templeton, 1209 4th Ave, didn't agree with this halfway house either. He has three girls at home and he felt the only suitable halfway house is Wildwood. It's a good neighborhood, everybody looks out for themselves, until somebody needs help, and like other people said there are a lot of kids in the neighborhood there's a lot of kids waiting for buses in the morning. His main concern was the children. Sears Elementary is on Forest Drive, and there's a lot of little kids that travel, not just during school, but on the weekends they are going down to the park. There's a little park at the end of Fourth Avenue there, and that lot right next to me, at the current time is vacant, there's a lot of kids that play football there. He felt this is the stupidest thing he had ever seen in a residential area. Ron Rifredi, 408 Birch said he shared the same concern of the people who spoke so Kenai Planning & Zoning Commission October 26, 1994 Page 2 .. ~'~ far. He said he had young children and lived less than a block away from the proposed site. He thought the Wildwood Prison which does a lot for the economy of the area, has been through some political in-fighting in the past. He was opposed to the permit. Rick Sitbon, 112 Haida, said rather or not people like it, criminals are going to be released in this community. Halfway houses are a reality because these people need a transition, but this community is not conducive to a halfway house. There is no mode of transportation for these people to go and find work, there's already high unemployment, and of course, there is concern for the security of the community. We have a prison that is set to expand, do we want to be known as a prison community or a family community? He felt the citizens don't want, and don't need a halfway house. He urged the Commission not to approve it. Richard Warrington, 313 Cindy Circle opposed a halfway house in his backyard. He complained the owners of the property were leaving a dumpster in his leeway. His fence has been pushed in when they plow their snow out of the parking lot. Warrington passed a map of his property out to the Commission and asked if he still needed to have the leeway? Does the gas or electric still, do I still need to give up that ten feet for the gas and electricity? Chairman Walker, said this should be addressed at a different time. It would be his interpretation if it's on your property you would need to retain it. Gina Samuel, 1208 4th avenue, in Kenai said she and her husband were opposed to the halfway house going in. There will not be just misdemeanors going to the halfway house. The majority of the people that will be released to the halfway house in this area are felons. We're talking about burglars, thieves, druggies and sure there are going to be some DWI's and people driving with their license suspended and stuff, but the bulk of these people are felons, not misdemeanors. She didn't want those people in my back yard. There are a lot of children in that neighborhood and she didn't think it's the right place for it. Sometimes in the middle of the night halfway house residents walk away when they're supposedly at their job. If they want to put a halfway house in this area, and that is what may happen, put it someplace out of a residential area. Don't put it three blocks down the street from Sears Elementary. Samuel noted an article in the Anchorage paper which stated the guy that supposedly confessed to killing Joe Vogler had been in a halfway house. She read from the paper, "the court in Anchorage is holding this regional center for Alcohol and other additions in contempt of court, and I'll just read a paragraph here for you: "A court order said that if West (that's the man that confessed to killing Vogler) was released from a program he was to be returned to jail immediately. But court documents show it was about a week before authorities were informed that West was free." She said Kenai Planning & Zoning Commission October 26, 1994 Page 3 the prison gets bulletins all the time about the walkaways from the halfway houses in Anchorage. What in the world do people think is gonna happen down here? They'll walk away down here just like they walk away up there. She strongly urged the Commission, to not let the halfway house go in on Spruce. (applause) Mary Lopez, 406 Evergreen, objected to the halfway house. Chairman Walker, thank you. Would the next person please come forward. Karen Ruebsamen, P.O. Box 2909, Beaverloop Road. She does not live in area but would not be opposed to the halfway house. She felt such a place would benefit Kenai, and felt it was needed to help criminals reenter society. The people need to learn to function in society and to work back into family situations. These people are coming back into society regardless of whether they come through a halfway house. We need to give these people a smooth transition back to their families. Tom Rohn, 310 Cindy Circle, has lived there for 12 years. They like the neighborhood being close to the school and the convenience of living close to stores, etc. He opposed the halfway house because it would bring in people who were not desirable. Gus Rodes, 207 Birch Street, thought the woman who spoke (Ruebsamen) had a good point, the people from Wildwood need to be recycled back into the community, but, if she likes them so much, why don't we put the halfway house next to her on Beaverloop Road (applause). Chairman Walker advised the speaker to address the item on the table. Gus Rodes stated there were a lot more children in the area since he moved in. The halfway house will bring in an undesirable element into the neighborhood and he is opposed to this. Denise O'Connell, 505 Pine Street, said she doesn't live real close to the area but her children play near that area. She works at Wildwood and knows the type of people that will be in the halfway house so she was opposed to this. James Meek 411 Birch, said he had three kids and he lives near the proposed halfway house. He felt the felons were manipulative opportunists and it was just a matter of time before something happen to a child. He was opposed to the CUP. John Coon, said he was a 25 year resident of Alaska. He owned property near the Kenai Planning & Zoning Commission October 26, 1994 Page 4 ~ site and he has grandchildren that attend the school near the site. He had compassion for the prisoners but did not feel they needed to be in a residential neighborhood. Gary Hinkle, K-Beach. Road, felt the people the group was talking about are on the streets now. He asked the residents to think of this from a different prospective, the people are on the streets without the benefit of a halfway house. Hinkle volunteers at Wildwood, because the number of visits a person has in prison is related to their success ratio after they are released. These people need to be able to readjust to society. Hinkle said he understood the public's concerns but felt Kenai would be safer with a halfway house then it is now. The statistics show that prisoners who reenter society through halfway houses have a better chance of not returning to prison. These people are in the community, and the community needs a halfway house. Cameron Dockery, a local minister wished to support the halfway house. The halfway house is not for money, he said his way of thinking about prisoners has been changed. His church helped a convict that had been released and is doing well working as a legal secretary. The problem is going to get worse unless the community bans together to make it better. Karen Mahurin, 311 Aspen, wanted to make a point that had been missed. Mr. Pruitt, head of corrections, had recently been to Kenai and said that no halfway houses are planned in Kenai, at this time. She felt this was a moot point and discussion at this time seemed fruitless. She felt that it would not be proper for the Commission to approve a CUP for a project that may never happen. The suburban residential area does not allow this type of development. Mahurin did not feel the permit should be granted and asked the Commission to vote against the halfway house. Ike Rediske, 310 Cindy Circle, opposed the halfway house because he felt they did not belong in a residential neighborhood. Michael Mishou, 531 Ash, stated he had mixed feelings about the halfway house being in that neighborhood. He said he had worked at a counseling center and reported there is a sizable number of mentally ill people in the area. A large percentage of these people have done time for various crimes. When released into the community there recidivism rate is low if they are allowed to reenter society with help. He felt it was important the community accept some responsibility for prisoners reentering society. Whether the location is appropriate is not the issue it's whether the community has a responsibility to help these people is the issue. He urged the Commission to not grant the permit in such a heavily populated area. Kenai Planning & Zoning Commission October 26, 1994 Page 5 Teresa Connolly, 1314 4th Avenue, has lived in the area about a year. Crime has touched the local community in recent years and there are more criminals in the area. The halfway house is a good idea but not in a residential community. Neal Hayes, owner of four-plexes on Spruce. He said he didn't know there was a problem with his dumpster, if someone would have said something to him he would have fixed the problem. Hayes said he has a son that's in jail and from what Hayes has learned about the prison system he wished to try and start a halfway house. Research has shown that criminals do better if they are slowly reacclimated to society. By definition a halfway house should be located in a residential area. If there is no halfway house the criminals will be released in the area with a few dollars in their pockets, and no help to rehabilitate. (From the audience) What kind of security will be provided for the neighborhood? Hayes these people will be monitored 24 hours a day. They will be counted 16 times a day. If anybody was in a halfway house and wanted to escape they wouldn't stay in the area. Gina Samuel, said she works at Wildwood, and has been there nine years. When people go to prison, they made a choice to break the law. She is not against the halfway house, there are old apartment houses at Wildwood that can be used where there would be security. She said to put them somewhere, but not in a residential area. (applause) Chairman Walker asked if anyone else wished to comment on this issue? Seeing and hearing none he brought the item back to the Commission for discussion. DISCUSSION: Teresa Werner-Quade said she agreed the community might need a halfway house but she was opposed to the location due to the proximity of Sears Elementary school. (applause) Councilman Smalley requested that the records reflect the two items on the table at the meeting which expressed opposition: the memo from the Clerk regarding a call she had received from Mr. Isham, 1210 Fourth Ave, and the letter from Jacquie Imle, Sears Elementary Principal. Chairman Walker said he appreciated the people who spoke out this evening and said he agreed with their concerns and believed this was an inappropriate place for such a halfway house, at this time. Walker asked for a roll call vote. Kenai Planning & Zoning Commission October 26, 1994 Page 6 ~j VOTE Resolution PZ 9451: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker NO NO NO NO NO NO NO MOTION FAILED UNANIMOUSLY. Chairman Walker said this CUP is denied, ladies and gentlemen thank you very much (loud applause). Walker explained to the people that Mr. Hayes can appeal the decision to City Council. A lady from the audience thanked the Commission for their time and hearing the communities testimony. Chairman Walker requested a brief break before continuing with agenda items. 5. PLANNING a. Resolution PZ 94-53: Preliminary Plat Thompson Park -Wallingford Add. MOTION: PHIL BRYSON MOVED FOR APPROVAL OF RESOLUTION PZ 9453 THOMPSON PARK-WALLINGFORD ADDITION. RON GOECKE SECONDED. Chairman Walker asked if there were persons present who wished to address this item Seeing and hearing none he brought it back to the Commission. DISCUSSION: Phil Bryson asked for Staff to comment on the situation regarding the lots. Jack La Shot stated there are presently three lots, and the owner wishes to eliminate the two inner lot lines to form one large lot. The existing lots are about 12,500 feet which is really non-conforming in the present Rural Residential (RR) zone. By eliminating the lot lines the lot size will be at 37,415. Since there is city water and sewer the minimum lot size is 20,000 s.f., so the lot size would conform to the RR zone. The city is planning to rezone this area to Suburban Residential (RS), thus allowing for 7,200 s.f. minimum lot size. Kenai Planning & Zoning Commission October 26, 1994 Page 7 VOTE Resolution PZ 9453: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES. YES YES YES YES YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Resolution PZ 94-52: Landscaping/Site Plan Review - Wisnewski MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 945 LANDSCAPING SITE~PLAN REVIEW-WISNEWSKI. PHIL BRYSON SECONDED. There was no discussion so Chairman Walker called for the question. VOTE Resolution PZ 9453: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. b. KPB Ordinance 94-52: Kenai River Overlay District MOTION: CARL GLICK MOVED THAT THE COMMISSION SHOULD RULE AGAINST THIS AS THE CITY ALREADY HAS ZONING POWERS, AND THIS ITEM SHOULD BE PASSED ON TO COUNCIL. RON GOECKE SECONDED. Chairman Walker noted a motion should be made in the affirmative and asked the motion be restated. Carl Glick agreed. Kenai Planning & Zoning Commission October 26, 1994 Page 8 Phil Bryson went to a work session regarding this issue and there will be several more before the issue is resolved. He felt it was important for the city to take a stand on this item, whether they agreed, or not. The Ordinance is wide, and greatly effects the city, which has approximately 20 miles of river frontage that would be effected, this would amount to about 6,000 acres of land within the city. Within the buffer zone, 50- 80% is private property, which is good, readily developable property. He felt the city should take a stand early in the process so the group will be aware of the city's stand during the process. RESTATED MOTION: CARL GLICK MOVED TO APPROVE A RESOLUTION STRONGLY OPPOSING KPB ORDINANCE 9452 WITHIN THE CITY LIMITS OF KENAI. RON GOECKE CONCURRED. Gus Rodes said he was not sure what the ordinance was but the Borough got rid of its zoning powers because it could not control the area. If this Ordinance passes there will be regulating powers for the same area. He felt the city should be the sole zoning authority within the City. Phil Bryson noted that it would be beneficial to have a work session between the Commission and Council to discuss this project. The City may wish to address certain features of the Ordinance, there may be some restrictions the City may concur with and there needs to be discussion on those issues. Councilman Measles voiced his concern that this was a knee jerk reaction to the recent negative publicity regarding the Kenai River. This seems to be the "in" thing to do. This Ordinance does not address the main problems with the Kenai River. It creates two layers of zoning and he felt anyone with an interest in the river should attend the work sessions. The Ordinance is vague at this point, and leaves a lot open to interpretation. He agreed the city should take a stand, but it needed to be an informed stand. Chairman Walker said he would support the resolution because he felt an extra layer of zoning along the river is not needed. The Ordinance is also quite anti-development. Kenai Planning & Zoning Commission October 26, 1994 Page 9 MOTION: PHIL BRYSON MOVED TO TABLE. CARL GLICK SECONDED. VOTE KPB ORDINANCE 9452 MOTION TO TABLE: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES NO MOTION TABLED. Phil Bryson requested the secretary attempt to schedule a work session with Council regarding this issue. c. Suggested KMC Addition -Regarding Quasi-Institutional Houses Chairman Walker asked if there were Commissioners that wished to address this item. Councilman Smalley felt this item would be addressed in the future. According to the testimony there is a state law for such a facility to be in a residential zone. He felt it was something the city will have to address, one way or another. Chairman Walker noted the public does not appear to want a halfway house within the city limits. He felt the public should bring forth such an item, not the Commission. 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Salvador/Junk Cars Jack La Shot noted the letter from the City Attorney and the pictures of the Salvador property. La Shot has talked to the owner and he said they plan to fix up the bus and move it at a future time. 9. REPORTS a. City Council Councilman Smalley reported that the October 4th election had been certified by Council. Ray Measles was once again appointed Vice Mayor. Kenai Planning & Zoning Commission October 26, 1994 Page 10 Dorothy Gray from the Historic District Board had addressed the Council regarding creation of a 5-10 year preservation plan. Gray had requested a work session with the Commission and Council to prepare such a plan. Courthouse contaminated soils project was discussed. The contractor has run out of time to complete the remediation and they requested an extension from the city and to transport the soil to another place until spring. The City did not want to take responsibility for this and voted against the request. The Kenai Peninsula Caucus projects which were sent to Juneau were met with resounding disgust. Items the City felt were important were not included on the list. Smalley thought the Council would want to hold a work session on the Kenai River Ordinance but the meeting schedule is tight in November or December due to the holidays. Smalley asked if the Commission would like to schedule a work session for the second meeting in November. Chairman Walker noted the meeting in November may be cancelled unless there were agenda items. If there are items the Commission will meet at 6:00 p.m. before the Council meeting. Kenai Air has been permitted to park on an additional area near their facility. This will ~ give them more space for their employees, etc. The Inlet Wood settlement was close to being concluded. In the settlement the City would receive additional properties outside of the City which was part of the settlement in addition to properties in Inlet Woods. There will still be a slight loss of revenues to the City. AML will be held in Juneau the week of November 14th-19th. b. Borough Planning Phil Bryson reported on agenda items. A time extension for Baron Park No. 9 was approved. Public hearing items of interest was a presentation concerning commercial fishing in Cook Inlet. The specific impact of fishing in regards to the gas leases was addressed. The Commission also addressed the proposed Ordinance 94-52. It appears the Assembly is feeling very possessive about this Ordinance. It appeared they wanted to exclude anyone other then Assembly members from the work session regarding this Ordinance. Kenai Planning & Zoning Commission October 26, 1994 Page 11 Chiniak Part Two plat was approved. c. Administration Jack La Shot reported the Historic Board had a meeting and had reviewed ornamental lighting for the Old Town area. They decided to postpone a decision on this lighting until the plans are further developed for the Old Town area. The Board also discussed the outline of an Historic Preservation Plan which is the last item they need for the City to become a Certified Local Government (CLG). They have a grant they wish to apply for which requires the City to be a CLG. La Shot said the rezone for Thompson Park will come before the Commission at the November 9th meeting. d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Baron Park S/D No. 9 Councilman Bannock noted there was a mix up between the property owner and the surveyor on this item. 2. Iola S/D 12. COMMISSION COMMENTS & QUESTIONS There were no Commissioner comments. 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 9:15 p.m. Respectfully submitted, oret arvey for Carol Freas Kenai Planning & Zoning Commission October 26, 1994 Page 12 T ~-~- STAFF REPORT To: Planning & Zoning Commission Date: November 3, 1994 Prepared By: JL/LH/RS Res: PZ 9457 GENERAL INFORMATION Applicant: Ron Moore & Company Box 1609 Soldotna, AK 99669 Requested Action: Preliminary Plat Legal Description: A Resubdivision of Lots 7-9 Block Two Deepwood Park S/D Existing Zoning: Suburban Residential Current Land Use: Medium Density Residential ANALYSIS This resubdivision moves two property lines to form three new lots. By moving the westerly lot line of lot 9A (formerly Lot 9) an existing encroachment is eliminated. The Commission has reviewed this encroachment in the past. RECOMMENDATIONS Recommend Approval. ATTACHMENTS 1. Resolution No. 94-57 2. Proposed Plat CITY OF KENAI- PLANNING. AND:ZONLNG':COMMLSSION` RESOLUTION NOS' PZ ~94- :5 7 SUBDIVISION' L'.IAT 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 Dee~wooa Park No 2 was referred to the City of Kenai Planning and Zoning Commission on 10 / 2 8 / 9 4 and received from McLane & associates ,and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned Suburban Re s i denta 1 (RS) and therefore subject to said zone conditions. 2) Water and sewer: /=1va ~~la ~ ~e 3) Plat - oes no subdivide property within a public improvement district subject to special assessments. There ~. no 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 y shown. 6) Utility easements, if required, are ~ shown. 7) Any existing structures must be shown on plat. 8) Street names designated on the plat are (not) correct. 9) INCLUDE STATEMENTS ON ATTACHED STAFF COMMENT SHEET. NOW, THEREFORE, BE 1T RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE Deepwood Park No . 2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE OR ON ATTACHED STAFF COMMENT SHEET. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, November 9 , 1994. CHAIRPERSON ATTEST: Planning Secretary ~ I -.. - ;• ~'... ~~~~. e~. so 9~H, ~o ~ ~~ ~~ ~4 ~ ' ~ S~ 1 , " +~ LOT 8A -.- '., SOT 9A Li ~ ~ , --a~, -~ _ ,. ,,, -; -~ " ~~ OCx ,~ T ' ~ ` ., rY O t M i 1 i -~..rN RESOLUTION PZ 94-57 SUBDIVISION Deepwood Park No. 2 CITY ENGINEER: ~f'1 ~/C~t ~1 ~•/ ! ~-/~d ri 1~'!4 Ylv fsvv f.:rv -~G/~'~'< f ~i H ~ j !.; ~~ 1 r / ~~ ~ •i / ~~! /'r F ~ ~ ,S .~ L / . N I' ri ~,~ ~G~ %!~ C-( ._ ~i ~I-! : ~~~ / ~, ~,;~ / !~ +'"t ~ ~~J ! ~ ~. /C'v~~u~~`~l ~,~ ~:-~['~-'~-t c~ ,7.ci~1`' ~etJ~~®vSl~ ~,o, v. w„~...E~-.r BUILDING OFFICIAL: jZeC6N^w.~,..~ 4~Pro~ PLANNING COMMISSION: `J0... STAFF REPORT To: Planning & Zoning Commission Date: November 4, 1994 Prepared By: J VLH/RS Res: PZ 94-54 GENERAL INFORMATION Applicant: Stephen & Rosa Crites 1008 Kaknu Kenai, AK 99611 Requested Action: Legal Description Existing Zoning: Current Land Use: Encroachment Permit Lot 1, Block 1, Simpson S/D Suburban Residential (RS) Medium Density Residential ANALYSIS The owner converted the original outside stairs into an Arctic entry. The entry encroaches approximately 3 feet into the 25' setback. A sale is pending on this property so the applicant would like to clear up this matter as soon as possible. RECOMMENDATIONS Recommend Approva I. ATTACHMENTS 1. Resolution No. 94-54 2. Application 3. As-builts CiTY OF 'KENAI PLANNING & ZONING COMMISSION ENCROACHMENT. PERMIT REBOLUTION NO: PZ .44-5~f '' A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: Beluga Realty for Stephen & Rosa Crites LOCATED: 1008 Kaknu (Lot 1 Block 1 Simpson S/D) LEGAL: Lot 1 Block 1 Simpson S/D BY: Beluga Realty WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on 10/28 1994. 2. This request is on land zoned Suburban Residential (RS1 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists (2) The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on ii A/~4 , 1994. 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 development meets the criteria for said permit and therefore the Commission (does) (does not) authorize the permit to be issued. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, November 9 1994. ATTEST: Planning Secretary c:\wp51\PZ\encroach CHAIRPERSON RESOi.:; : IC;; r Z 9~ S SL'BJECI' Encrcac::-.-~-- _ Per~:_ . - Crete ~ ('_ ~ ~ 8 sG ~r a i C 0.'~..'~.E:tT S CIT'_' ~ NGI27EER THE FRC?NT ENCLOSED ENTRY ENCROACHES APPROXII~?ATELY"3 FEET INTO-THF 25' SETBACK. RECOMMEND=APPROVAL. _~~-_i ~.~ -=F 11•~._HI'1 ~.:ll ~ ~._~r ~t_fiHl '_'_~i' ~_~~ '1_114 Post-It'" brand fax transmittal memo 7671 +~ of pages'-',7y ~ From / _ ~ r Co. CO, Dept. Phone Fax s Fax e _ 210 FIDAL40 K~NAI, ALI~SKA 99617 TELEPWONE 283.7535 FAX 907-283.3014 APPLICA7TON FOR ENCROACHTriENT ~'ERMIT :NAME...,- "-~ -'~ = ~'- L T ~> ~'~;~/~~; -{~:~' cT~f~ ~~. ; ~tC.~/~ (~, STRIiET"":ADDRESS iry'~ ~ ~.lt 1~/L' .' ~~ ,,.~ ~~ / ~ ~ MAILING ~ ADDRESS '?!r,,~;~F~~% ~~•~~~ ~ Y l/C ~i~,t'=f=~i f'/ r~ X12.: - ~ C/~,%~ l LEGAL DESCRIPTIQN ,~• fj~L' ~ / r'~ ~C r~~ ` ~~ ~~ ~'i ~ , Sr G i~• ~ONING'DISTRTCT `(:Cr.cle.:1) C CC RU R CG RR RR-1 RR-~2 RS RS-1 IL IH RS-2 PHONE ~ ,~~ "7 ~( 73 ~~G-~E= j ir7~Lr i~ ,~~ ~r}~t,,~~ f~/~~'~S~ Section 1.4.20.185 of the Kenai Municipal Code nutlines regulations for Encroachment Permits which is the relaxation of the Development Req~~irements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the fallowing Conditions: PLFABE READ THE FOLLOWING, COMPLETE THE BLANKB ANA INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOII HAVE READ AIrD UNDERSTAND THESE CONDITIONS. 1. ^ `<' An encroachment ~,eans any object ar structure above or below gxound and constructed or located in a manner other than set forth in the Development Requix-ements Table. 2. Provide a site plan of the property includi.nl~ location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. A Public Notification and Hearing is required before the issuance of this permit. A $105.OO non-refundable deposit/advertising fee is required to cover these notification costs. (please see attached procedure sheet) D D I T I 0 rr A L C 0 :~i Pd E N T S "_ ~ ,~- ~jTE Signature of A iicant._ ~ - ~ .6 ~ PP ~ e Cwt -r_ ~ a v --~~.~- .~ ~ ~ ~'. ~" ~~,.,~p T~ L /i' ~T/Vi -- -- -r N 89'5900' E KAKNU WAY 66' R/W M 74,25' , ` >, \ I \ ( ~~ C ~Y ~ 8 g' N , Y ~ t ~ N N_ 1 ~ ~ 9r^ 20.0 32' a ~ z' certu.v.r ~ ~ ~ °' FRAME HOU SE ~ em ,"~ t t , 0' .e. r6 7.3' ~o t 0.0' ~ 31.0' ,o° LOT ~ ~o,~o~ sF Z Shed 25' BUILDING SET &ACK LINE Vf 0 0 o O s m lOT 2 B L O C K # ONE ~~~~~~~~~~~ 7a.25' ..~P'~E..~F ,AG,gs~~, s s9•s9'o0' w * ~'_ 4 91:t1~ ... .. * ~ LOT as ~~'~ c~~92t3-S RECERTIFICATION DATED: t,J October 25, 1994 ~/~?' ,~„;FGEND ~f1D NOTES O Pound 5/8" Rebar • Found t/Z" Rebor Mouse im served by NORTH City Woter and Sewtr. Strtet Adrees: 1008 Kaknu Way SCALE 0, Meter POIa ~,. 30. o: ~~-~ 1) The Deorings and distances shown hereon ro-otive to the property bet,ndarles were dariv¢d from doto of racord. Prepored For: Mr. Crites c/a Northland MortgvgQ 35551 Kenoi Spur Highwoy Soldotna. AK 99669 AS-~3UlLT SURVEY haroey eertlry that I hove evrwyed the lollowenq deserep00 oroosrty: LOT 1 BLOCK ONE SIMPSON SUBOiVISION _OF B.L.M. L_OT 139 ^~ ioeoled In cne _,~.Etlal~,,,._Reoordinq Olstrlot. Aio:ko, en• anal eh. ImpreveM enH eltuoted th Breen Oro within ttis property Ones end e0 net Ovef:gp K en CrOOCh O" the poperty lyrnq ad14CAnt tfl.fli0. Chvt ~O improwfr+On to en the prepprty lyln7 OOJOCent berate OnerOOOfl on the proTl:au In Queellvn ene tnot theta Ore no rOOdwoys. transmle- eion IlneY or ocher vlsibw eoaemenee en void property except oo In- eieeled he~een. ooeed~ OriQinol 5>arvey. June 17. 1976 Mcl.ons ena Aaooebtes n9 Ineere. Surveyors end Plonnas ~.0. 6o~t st.e SWdotn0. A1C 98669 [KCWSION NOTCH k 4 !ne Is~penriblllty of the ewnor to dete•mine (he eetetenee et any eosemente, oovenonie or roslr~otbne v.hieh do not appear en the uoereed evodlvbion plot. Under no olyduen- etonCes shevld any date Mfeon be used I'Or OoflJlruetldfl q far ', ect~blishlnq beundory er /enoe Ilnee. 911068 76-09-05 Job Np F~a11 6oek No. •,`~. ,` ---~--- ~ +f ,4 KNU N SCALE ~ ~~_;~G, N_CTES: PHIS HgUSt tS BEING ScRVEO BY CtTY WATER ANO SEWER, `err\\~~M ~~ QF a~~s~~~ r ~• .._. ' SEE P. Md~ is :ter ~ '• 3932~S ~ ~~ .: `'fif ••~. ~~••' a 1 qEO • ....-~ o~ In~. •~ 5/8' r~0ar 0 fnd. 3/8~' r~be~ LOT 2 L7T 8 ~ H=pE'Y CERTIFY THAT NayE SLRVEYEO rH ~l.~~GI~•'( E FOLLOWING aFOatRTY ~ - ^ C,^n~ :r~~t~j~ I O^A i C17 IN r.;i KE~ln ( ~ :=IMP.,v.~ iMPRQ~~EhENT "'LCCr?OtNd DtS-~~lr,r~ nL•SKA~ AND THAT THE 5 SITUATEd Tv~_R_rjN ARE 'wlTi•IIN THE ~ROPERT~ LINES ~.YD Qr, NCROaCH ON ryE FROP~r.TY ~~1NG ~ NOT ^'VERLAP °RCP RTY QJar,E^tT TFIERETO %.fVO THAT 'JO I ^+PROYEPIEHT$ ON ?H E LYING AOJACENr -~.-RETu ~NCROACk CN ':+c F r ~~. 'NERF .;RC NO R(IAOWAY$ T^rAly MI R`M'''-$ ~~+ '_•UE~TtON ANO TrAT 'aCPEa?v ~ S SS ION LIr~>=5 OR ^THER ~lISIRt_E E,?SEMENTS ON SAID EXCEPT A$ INO1C~"p riERrON, ~// /y REGISTEPED LAND SURVEYOR GATE 0 : ~'1V E ~',7-~ '1 °76 _ FaEpARcO FORT Steve Crites 1008 Kaknu raay ~ensi, A:L 99611 Rece''rt++~;fied ;/24/85 -- I/~iGG~~ ~ ~ STREET fib R/W 1 s I y I i T! ~. MC/ir YQIr~ 7 3 ~ ~ ~' a 25' bldg. aereaot t ~ g ~ _ _ z II 14 d FRaME HOUSF 7 P n.o 0 A 10.0 T o LOT / ,a~ !O, 1 d I S. F. Choin IInM }~n C• an Or near orovatr t;n~, AS-~L'ILT LOT SURVEI' LOT i BLOCK I SZ:IPSO:+ SLELIIVISIOv KL'1'Ai, 2,LP.Sa'~ TOTAL F .:32 CITY ~F KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ AFAwslutlll 'III' 1992 CITY OF EB~II PLANlTING A~iD 80lI<ING COlOiI88ION PIIBLIC HB~RI~1G ~?OTIC$ The following public hearing has been scheduled for the Planning and Zoning Commission meeting of November 9, 1994 (7:00 p.m.) for an: Encroachment Permit Enclosed porch in 25~ front yard setback. Application submitted by Beluga Realty for Stephen & Rosa Crites and is for property described as Lot 1 Block 1 Simpson Subdivision (1008 Kaknu way) Renai. The Meeting will commence in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. Anyone wishing to present testimony concerning this item 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 November 9th. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOII ARE BEING BENT THIS NOTICE BECAIIBE YOII OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY ~ ,~ - STAFF REPORT To: Planning & Zoning Commission Prepared By: JVLH/RS Date: November 4, 1994 Res: PZ 94-55 GENERAL INFORMATION Applicant: Robert Cutler, DBA, Alaska Gift & Gallery 11888 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Existing Zoning Current Land Use: Conditional Use Permit Gov't Lot 20, Sec 6, T5N, R11W General Commercial Commercial ANALYSIS This business is located in a CG zone. The retail portion of the business would involve outside sawing and storage of lumber. Screening from the roadway and possible noise from sawing should be considered. An adjacent business (Kenai Supply) is a similar operation. If this type of use is to be enclosed in a building there would be some building code requirements that would need to be addressed. RECOMMENDATIONS Recommend Approval pending public testimony. ATTACHMENTS 1 • Resolution No. 94-55 2. Application 3. Site Plan CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO PZ 94-5~''' CONDITIOi~TAL iTSE PL~iM1T A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Alaska Gift & Gallery USE Sawing specsalty lumber for Reta;l Gal LOCATED _11888 Kenai Spur Hwv WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: 10 / 1 / 9 4 2) This request is on land zoned n r ~ o m r ; a~ r ~~ 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: November 9 , 1994 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 specialty Lumber sales 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, Nn~~r~mhar qth , 1994. CHAIRPERSON ATTEST: Planning Secretary S~. CITY OF KENAI .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ u~~..~ocnr 1~II'~ 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE A public hearing has been scheduled for the Planning and Zoning Commission meeting of November 9, 1994 (7:00 p.m.) for a: Conditional Use Permit Alaska Gift & Gallery, for sawing specialty lumber for retail sales. The application was submitted by Robert Cutler and is for property described as Gov't Lot 20, Sec. 6, TSN, R11 W, Kenai, (11888 Kenai Spur Highway). The Meeting will commence in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. Anyone wishing to present testimony concerning any of these items 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 November 9th. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWNjLEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY CITY OF KENAI CONDITIONAL USE PERMIT w ` ek , - ~i,-~ ~~,.. 3, 1~ N ~ ~ ~ ~ ~ . i .-. _.~ l ^^ ~~~.is'~ UW ~ r i..~v-} ~•; i ~' r, _~,~ : NAME ~ ~ (c'~ J ~' ~ ~ v R 1-- ; _ , c , ~_ n .-. , ,) PHONE ~ '~ _ 2 l ! r MAILING ADDRESS ~~ ~ ` ' ~ G ~, ., ~ ;- , ~ A ~,{ ~ ~ (~ .; ADDRESS \\ ~ ~ ~ c,.) 1= _ (~ w •.< '~ W ~, LEGAL DESCRIPTION ~ , ~~ I? . ~~ ~' ~ ~~> > ` ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl 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 if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: ~ _ Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all i 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 $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS : --~ ~ ~' ~ ~ ~, J f ~`- F_ = _ r ?~' C G Y'~ ` ~ ~' ~ J ,J~._ ~ ~ n~ F ~; i 1 .i~ ~ -C ptr~r ~n~t u~t~!'' aL~'p,'„O~'~A1 ..~~c~fJfrL ~~4oL„l• . F-•.`)C-•. _F.~~,.rJ~`~.`N ~L~uCnT~oNi~ -~w ~ i-~~.;_ )f. QE.FCr~C:,[A,,t3'_E~ ~oNc, ~, ~. c j,'~U`A 'S J4~C~•_`.Z~rJL ~~P,1 c MOST L: 13 t{; C~)'''(uF'~.•.IQP_..F~V.~~~Ftgl~l,':~OU.QCC. . ~ / --. f, ~ ~ .. 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Ex S~ tPQy ., ~ ~ ` t ~/~~ ~. HWY .. A ..~1 _ _ - -- ~ _ ~1 ~ ~) ~; -r 1~ (/~~~ r ~ 1 ~ ALLY ) 'Clo 'yC BD -~•:. (c US3Q )sl,,.;: ~ J~~' '-' , r ,.. , ,',. .,, R.. 'A. iae ... 11 ~ a.~-{;y. ~T~~ .~, .J ? ,t. '•. 13 21 ,,,~.,r_ ,o S~ lit WT #~ 1'.f li ~ ~ ° ~1';~~ c 1 1 ` - ~, Utl3 It36 ~ ~ ~ L wl _ 1' .- U.$. FISH AM' raw,Ml ~ .~~ ~ -~ i ~L ~: z ~ WILOLIfE. ~ , ~ (91 A r, ..1.. ~~ STAFF REPORT To: Planning & Zoning Commission Date: October 31, 1994 Prepare By:LH/JL/RS Res: PZ 9456 GENERAL INFORMATION Applicant: City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 996 1 1-7794 Requested Action: Rezone Portions of Thompson Park Legal Description: Portions of Thompson No. 1 & 2, and Sunset Rim #1 all within the NE ~/a Sec 1, T5N, R11 W, S.M. and within the City of Kenai Existing Zoning Current Land Use: Rural Residential Low Density Residential ANALYSIS It has been normal policy within the city to initiate a rezoning from RR(Rural Residential) to RS (Suburban Residential) when municipal sewer and water service becomes available. -This service is now available within Thompson Park. The zoning change would allow property owners to subdivide to smaller lots (7200 s.f. minimum) if they desire. Other zoning designations may be considered (RS-1 and RS-2) which are more restrictive as far as multi-family use and/or lot size. RECOMMENDATIONS Recommend approval considering input from the residents of Thompson Park. ATTACHMENTS 1. Resolution No. 94-56 2. Site Plan i f 6 r y ~ , ,, ~ .~ a a ;~ - ti Z • a ~- 7 ~~1 ~/~ M•~~ x `r,, ....~ • «•~. .~ '• e ~ % !'~ ~~ o Q y1 s o ~ ,, , •, U 1 I , -~: ~ .~~ ~ . -: ~ ~~, ~ y •~ ~~+ • i J ~y • ~• ~ . • w i • • ~ + • ~.r ` ~y _ _ W _~ ~~ 8~ ~~ ~ ' C ,3 3d =_ 0~. _ ~/y~is F 00 .~~' i7~olda r. ti CITY O'F KENAI PLANNING 'AND ZONING COMMISSION RESOLUTION PZ 94-~ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME City of Kenai - Portions of Thmm~~nn Park LEGAL TYit3mpson PK #1 and Thompson PK #2, and Sunset Rim #1 all within the NE a Sec 1, TSN, R11W, S.M. and within the City of Ke WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rura 1 Rc~ G i r3 P n t i a l (R R ) 2. The present land use plan designation is low density 3. The proposed zoning district is Suburban Re s ident i a 1 (RS ) 4. An appropriate public hearing as required was conducted ~ ~ f ~ ,~g a 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Portions of Tnnm= snn Park is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, November 9 , 1994. CHAIRPERSON i. ATTEST: Planning Secretary 1~TS P . ~r/roipl f'ee~tttee Ibe HORS lef~ras* faobetae ' C • Cordids~i IMO on fellorisr p!w fer S a ~r iMe ~dAitletrl raetHetiarr. Table I of 3 ~" . „"'~'. "'i~.OPID~1E~;'DIS'1RLQ$~. w . H.;..., _ -~~..;~. ~ ~ ~'<:,. . .. . LAHI3".USffi...: - ~ C' RR ; _„ 12RI" ,. , .~ ..w RS<" RSU ,_ ~,s,.,: RSZr: ~sz~zzzs BII"~ CC:. "~`,y =CG" ;yam ]I::~. ~.," IH: R , . ,, -T` $.: H. ,r ^ "- .: l; .i - mow.. " ~ .+n. -... ...>~ ::~ > >i::.. ~..'. One Family uwelling P P P P P P S I S~ Sz I P P T Two Family I p r p P p p S r p Uwdlmg TbtedFota Family ~g P P I P S S' - FivdSiz Family ~~g Cj P P S S~ Seven or Mote Family Dwelling C3 Cs P S S' I C Townhouses ~ C C + C Mobile Boma s Mobile Home ~ b C C Plaaoed Unit Re:idmtiai Development r C C C Mel<.- ;~ tt.;, ~~:~,~~ Automotive Sales I o ~, x x I p .,, ~ . P P " Automotive Service Stations I ( P P P ~+~ I i P P ~n~~ Savioes P P C Hotels/Motels P P C ~~~ P P P P P S P Ca P P I C C ~~~~ Business P P P P C C ~~ Comaten:ial Reaation P P P C 14-65 CITY OF KENAI N Q G g 8 ~ ; °°' O O i 1 i i ~ , a~ N ~ A: O A ~ F ~ ~ . C u ~ N W L L' '; V •57~' N1 ;r, ' ~ ~7i V L K ~~~: ~ ~ 1 1 1 I i ~ Ir y. [' ..~. V N N V N V N ~ y i ~ ~ ,..~ U d v'~ `o -~ g g i i i i ~ 1 ~ ~ ~" n r a F p ;.:R r z<'s'. i ! I l a N ..r r ~ ~ ~ O ~ a ~' ~ 8 8 $ ~ 25 ~ ~: O i ~ N ~ O~ O~ N 4 ::~ L:V 0 x ~ ~ ~ 1 :~<: ~, , '~ N ~ ."`x °~ ' ~ u ~ 3 ~ > ~,, x -; °~ °~ ~, 3 ~ °_ c ._ ' ~ qM ~~' ~ ~ r ~ ~~ •~ ~ Q Q ~: Ql: .,. pp '~ N ,~ ~ C ~ T DO µ 3 ~ ~~3 , w -- ~ $ r "k v ^" O v K ., E ~s ~ ~., ~ -e o. o. ~ ~ ~ LL ~ ~ O~ y N 0 N 8: q q F 6. L'I 00 c. 3 0 ~~ O ~' w~ .~ 93 0 ~_~ w.~ N LN ~ H .r ~ ~ ~1~/ 7 u ~ ~ .. u s rs eo u 3 'C ~ O ~ N ', H 11.E ~ 0 E .. o '~ ec 3 ~g u ~, u t N V 0 ... W r 0 w t~+1 ~ "" ..w a. _u~ 6'. C .O ~ H ~ :~ 3 H E ~2 •~ y ~E ~a ~~ o H ~~~? '~ C «I = E~ _o u .y ooC ~ OD C~ ~ ~ ~ a e > O `o v ~`' ~ o t U `~ ~, u N U o~ w O e e ', U C_ 1Hy W {T ~v .y V w 'C O 3 'o ~' Q N u A °~ a O U N CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~..ear t~Il~~ ~~i CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE A public hearing has been scheduled for the Planning and Zoning Commission ~ meeting of November 9, 1994 (7:00 p.m.) for a: Rezoning Thompson Park Addition No. 1, Thompson Park Addition No 2., and Sunset Rim Subdivision Part One, all within the NE ~/a, Sec 1, T5N, R11W, S.M. and within the City of Kenai. The Meeting will commence in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. Anyone wishing to present testimony concerning any of these items 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 November 9th. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. // l~/~ ~ . CITY OF KENAI ~ PLANNING AND ZONING COMMISSION RESOLUTION PZ 945 8 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND SUBDIVISION REGULATIONS SECTION 14.10.010 GENERAL OF THE KENAI MUNICIPAL CODE. WHEREAS, KMC 14.10.010 deals with general subdivision regulations for the City of Kenai; and, WHEREAS, section 14.10.010 reads: Each subdivider of land should confer with the borough planning department before preparing a preliminary subdivision plan in order to become thoroughly familiar with the subdivision requirements and with the proposals of the city plan affecting the territory in which the proposed subdivision lies. WHEREAS, the Kenai Peninsula Borough adopted an ordinance amending KPB 20.12.050, entitled Revising Subdivision in First Class or Home Rule City, by Revising the Review Procedures of Subdivision Plats Within First Class or Home Rule Cities; and, WHEREAS, the City of Kenai has recognized the provisions of Ordinance 26 of the Kenai Peninsula Borough code regarding subdivisions, and should incorporate changes thereof. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends the Kenai City Council amends section 14.10.010 to read: [EACH SUBDIVIDER OF LAND SHOULD CONFER WITH THE BOROUGH PLANNING DEPARTMENT BEFORE PREPARING A PRELIMINARY SUBDIVISION PLAN IN ORDER TO BECOME THOROUGHLY FAMILIAR WITH THE SUBDIVISION REQUIREMENTS AND WITH THE PROPOSALS OF THE CITY PLAN AFFECTING THE TERRITORY IN WHICH THE PROPOSED SUBDIVISION LIES.] A. Preliminarv plats showing a subdivision of land or a replat caused by proposed vacation of public right-of-waY. lying within the corporate boundary of a first class or home rule city shall be first submitted to the appropriate city for review prior to submittal of the plat to the borough planning department B. The preliminanr plat submitted to the city shall comply with the requirements of sections 20.12.060 and 20 12 070 of the kenai peninsula borough code PZ Resolution Page 2. C. The_ planning commission and, if necessary other appropriate municipal departments. shall review the plat or replat of a proposed vacation action and prepare written comments which shall be included with the submittal of the plat to the borough. The subdivider bears the responsibility for presentations to, and discussions with. the city so that the final plat will conform to lawful ordinances and requirements of said city. D. Final plats .submitted to the borough for approval will be submitted by the borough to said city for review when the design deviates from the preliminary plat in a manner which has not been recommended by the city. In such instances. the planning commission. shall have 49 davs from the date of receipt in which to review the final plat and take action. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the day of , 1994. CHAIRMAN ATTEST: Loretta Harvey, Administrative Assistant ~~i DATE: TO: FROM: KEtVAI PEtVINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA, ALASKA • 99669-7599 ~~ _ BUSINESS (907) 262-4441 X11 February 22, 1994 Laad Surveyors, Subdividers and Robbie Harris, Platting Officer Planning Department Parties '~ U DON GILMAN MAYOR SUBJECT: Kenai Peninsula Borough Ordinance 94-10: AMENDING KPB 20.12.050 REVISING SUBDIVISION IN FIRST CLASS OR HOME RULE CITY, BY REVISING PROCIDURES OF SUBDIVISION PLATS WI'ITBN FIRST CLASS OR HOME RULE CITIES Referenced Ordinance, copy attached, will be introduced to the Assembly of the Kenai Peninsua Borough on March 1, 1994. Public hearing on proposed Ordinance 94-10 will beheld before the Assembly on April 5, 1994. The cities of Homer, Kenai and Soldotna having requested that preliminary plat be submitted to their respective planning commissions prior to submittal to the Borough Planning Commission will be supporting the enactment of this ordinance. If enacted, Ordinance 94-10 will become effective the date ~r enactment. ~~ I _ !~~ , 1{~:~1A1 P~111NS1_!LA SD -si~l.lG1~ '-' 144 N. BINKLEY SOLDOTNA. ALASKA ~ 99669-7599 y`'~`' ~ ~ ~,, BUSINESS (907} 262-444t ~--.~. _.,~-~~a DON GILMAN MAYOR MEMORANDIIM TO: Betty Glick, Assembly President Kenai Peninsula Borough Assembly Members TF~U: Don Gdman, Borough Mayor FROM: ~`~ Richard P. Troeger, Planning Director DATE: February 14, 1994 SUBJECT: Ordinance 94-10 In accordance with the present version of the subdivision ordinance the review and approval process for all subdivision plats within the Borough including those plats within first class or home zule cities, begins by submitting a preliminary plat to the Borough Planning Department. Upon receipt of a plat lying within a city, the Planning Department transmits copies of the plat to the affected city for review and comments by their planning com**>;~sion and other municipal. departments. Also upon submittal of the preliminary plat to the Borough, the KPB platting of$cer begins a review and prepares a report with recommendations for consideration by the KPB Planning Commission. Frequently the comments from affected cities do not arrive in time to be included in the report fiuaished to the KPB Planning Commission. This is not a fault of either the city or Borough staff but is a result of conflicting meeting schedules of the respective planning commissions. There may be cases when the subdivision or replat activity may be complex at the city level and additional time is needed to negotiate issues between the city and the subdivider. The KPB Planning Commission is the final plat authority for ail subdivisions. However, recommendations based upon lawful ordinances of the affected city must be incorporated into the final plat. The KPB Planning Commission has found it necessary at times to postpone action on platting activities until city recommendations have been received. Ordinance 94-10 would eliminate schedule conflicts by requiring subdivision and replatting activities be first submitted to the appropriate city and further that the city's recommenaations be included in the submittal package to the Borough. The KPB Planning Commission reviewed Ordinance 94-10 at its regularly scheduled meeting of February 14, 1994. Introduced by; Mayor Date: 03/01/94 Hearing: 04/05/94 Action: Enacted as Amended Vote: Unanimous KENAI PENINSULA BOROUGH ORDINANCE 94-10 AN ORDINANCE AMENDING KPB 20.12.050, SUBDIVISION IN FIRST CLASS OR HOME RULE CITY, BY REVISIlV'G THE REVIEW PROCEDURES OF SUBDIVISION PLATS WITHIN FIRST CLASS OR HOME RULE CITIES WHEREAS, proposed subdivisions and petitions to vacate public rights-of--way within first class or home rule cities must be reviewed by the affected city's planning commission and their comments concerning those proposed actions are a necessary pazt of the KPB Planning Commission's final approval; and WHEREAS, due to different schedules of the affected cities and KPB Planning Commission meetings, the comments from the cities often arrive after the KPB Planning Commission has considered the proposed subdivision or vacation petition; and WHEREAS, the KPB Planning Commission has expressed their desire for the affected city's comments to be included in staff reports regarding proposed subdivisions and vacation petitions; and WHEREAS, the cities of Homer, Kenai, and Soldotna have requested that preliminary plats be submitted to their respective planning commissions prior to submittal to the Borough Planning Commission; and WHEREAS, the Borough Planning Commission in its regular session on February 14, 1994 recommended enactment by unanimous consent; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB Code Section 20,12.050 is amended to read: 20.12.050. Subdivision or Replat in First Class or Home Rule City Submittal Procedure. A, Preliminary plats showing a subdivision of land, or a replat caused by a proposed vacation of public right-of--way, lying within the corporate boundary of a first class or home rule city shall be first submitted to the appropriate city for review prior to submittal of the plat to the Borough Planning Department. In such instances, the city advisory planning commission shall Kenai Peninsula Borottg}-, Alaska _ ~ ~~ Ordinance 94-10 Page 1 of 2 1 , VL have 49 days from the date of receipt in which to review the preliminary plat and take action. B. The preliminary plat submitted to the city shall comply with the requirements of Sections 20,12.060 and 20.12,070. C, The city advisory planning commission and, if necessary, ocher appropriate municipal departments, shall review the plat or replat of a proposed vacation action and prepare written comments which shall be included with the submittal of the plat to the Borough. The subdivider bears the responsibility for presentations to, and discussions with, the city so that the final plat will conform to lawful ordinances and requirements of said city, D. Final plats submitted to the Borough for approval will be submitted by the Borough to said city for review when the design deviates from the preliminary plat in a manner which has not been recommended by the city. In such instances, the city advisory planning commission shall have 49 days from the date of receipt in which to review the final plat and take action. Section 2. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 5th DAY OF APRIL, 1994. ATTEST; ye J. ghan, rough Clerk Betty J. tc Assembly President KenFti Peninsula Borough, Alaska Ordinance 94-10 PaF• 2 of 2 AGENDA ITEM F. SPECIAL CONSIDERATIONS j 3. Ordinance 94-10, An Ordinance Amending KPB 20.12.050, Subdivision in F'ust Class or Home Rule City, by Revising the Review procedures of Subdivision Plats Within First Class or Home Rule Cities STAFF REPORT PC Meeting 2-14-94 In accordance with the presem version of the subdivision ordinance the review and approval process for all subdivision plats within the Borough, including those plats within first class or home rule cities, begins by submitting a preliminary plat to the Borough Planning Departrnern. Upon receipt of a plat lying within a city, the Planning Department transmits copies of the plat to the affected city for review and comments by their planning commission and other municipal departmerns. Also upon submittal of the preliminary plat to the Borough, the KPB platting officer begins a review aad_ prepares a report with recommendations for consideration by the KPB Planning Commission Frequently the comments from affected cities do not arrive in time to be included in the report furnished to the KPB Planning Commission This is not a fault of either the city or Borough staff but is a result of conflicting meeting schedules of the respective planning coainiissions. There may be cases when the subdivision or replat activity may be complex at the city level and additional time is needed to negotiate issues between the city and the subdivider. The KPB Planning Commission is the final plat authority for all subdivisions. However, recommendations based upon lawful ordinances of the affected city must be incorporated into the final plat. The KPB Planning Conunission has found it necessary at times to postpone action on platting activities until city recommendations have been received. Ordinance 94-10 would eliminate schedule conflicts by requiring subdivision and replatting activities be first submitted to the appropriate city and further that the cit}~s recommendations be included in the submittal package to the Borough. STAFF RECOMMENDATIONS: Recommend enacunerit of Ordinance 94-10. Mr. Troeger stated that the memorandum to the Assembly accompamring Ordinance 94-10 would essentially be the same as the staff report. Letters of support for Ordinance 94-10 were received from the Cities of Homer, Kenai, and Soldotna. END OF STAFF REPORT MOTION: Commissioner Carpenter moved, seconded by Commissioner Mumma, to recommend enactment of Ordinance 94-10. Commissioner Gannaway expressed strong support for Ordinance 94-10. VOTE: Seeing and hearing no further discussion or objection, the motion passed by unanimous consent. KPB PI.ANNnJO COMMISSION FEBRUARY 14, 1994 MEETING pq~ _ " UNAPPROVEfl MINUTES CITY OF KENAI ~_ ~~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 . _ _ FAX 907-283-3014 Cs'>~ ~~~ 1III~1 D 1992 October 31, 1994 Robert Broughton 18105 Quarter Mile Rd French Town, MT 59834 RE: Violation of KMC 14.20.245 Lot 4, Block 8 Valhalla Heights SJD Dear Mr. Broughton: The Kenai Peninsula Borough Tax Rolls indicate you are the owner of record of property located at 4150 N. Dogwood, Kenai. The City has received a citizen complaint that there is an RV trailer set up on this property for long term use. This is in violation of the above referenced coae (copy attached). Please have this RV removed from the property within 30 days of receipt of this letter to avoid further action by this office. If you have questions please call me at 283-7537. you, l / v' Robert C. Springer Building Official RS/Ih encls. .""~ ""'''"°"""~ " ""~• (a) Recreational vehicle parks tray be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a ' vehicle park conditional use recreational pmt, the parks shall meet the following conditions: (1) Adequate utilities for projected or actual use shall be available. (2) The Projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. (3) Any and all specific conditions required to comply with Subsections (a)(1) and (2) as deternuned by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks: Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle pazks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit: The conditional use permit may be revoked by the Commission if the conditions set forth in Subsections (a) and (b) above are not maintained. (d) Prohibited use of recreational vehicles: No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street, road, alley, orright-of--way. (2) While such vehicle is parked on City property not designated as a recreational vehicle park. (3) While such vehicle is pazked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, or exceeding thirty (30) consecutive days. (e) Exceptions to prohibited uses: S57-10/18/91 14-47 CITY OF KENAI (1) Section (d) above shall in no way be construed as to prevent the historical use of recreational vehicles by workers employed in the cannery business if the recreational vehicles are on cannery property, are used only during the cannery season, and adequate utilities are available and their use will not threaten the health and safety of adjoining land owners or others. (2) Recreational vehicles may be set up as living or sleeping quarters in mobile home parks under the provisions of KMC 14.20.240. (3) For purposes of promoting tourism or industry, the City Manager may from time to time temporarily designate portions of City property for the parking of recreational vehicles. Vehicles pazked upon City property so designated are exempt from the general requirements of this Code section. (1306-89) 14.20.250 (a) In all zones, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargement, or change in use of any main building, neenanentiv maintainers nff_ctn^rt n~~irins fe~.a;«a., c _ .c,., --_- _c ____-__-.- ---~__-- _ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING NOVEMBER 2, 1994 7100 P.M. KENAI CITY CODNCIL 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. Steve Miles - Glacier Environmental, Inc./Courthouse Contaminated Soils Project. 2. Bill Coghill - Audit Report ~~ ~~,~ ~ C. PIIBLIC HEAR GS 1. Ordinance No. 1609-94 - Increasing Estimated Revenues and Apprcpriations by $2,100 in the General Fund for Dances at the Teen Center. ~~~~ 2. Ordinance No. 1610-94 - Amending KMC 1.90.C50(b) of the ~• Standard Procedures for Boards, Commissions and Committees. 3. Ordinance No. 1611-94 - Amending the Qualification of Arbitration Panel Members in KMC 23.35.032(b). 4. Ordinance No. 1612-94 - Reallocating Appropriations ~~ Between the Congregate Housing and FAA Road Capital Projects Funds. 5. Ordinance No. 1613-94 - Amending the official City of ~~~~~ Kenai Zoning Map for Certain lands Described as SZ Sec. 11 Excepting the Kenai River, SE; SE; Sec. 10 East of the Kenai River, EZ NE; Sec. 15 East of the Kenai river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. -1- ~~~n~~~ 6. Resolution No. 94-66 - Authorizing Application for Funding Assistance for an outdoor Recreation Project, Restroom Facilities, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. 7. Resolution No. 94-67 - Transferring $2,285 in the Airport Security Gates Capital Project Fund for Additional Inspection Charges. ~~~~ ~ a. Resolution Action ~~~ ~ b. Increase Inspection Contract ($2,285) Action 8. Resolution No. 94-68 - Awarding a Contract for the Architect/Engineering Schematic Design Phase on the ,~"Oy~i ~ Project Entitled Vintage Pointe Manor 1995 Addition (Congregate Housing Project) to Kluge and Associates for the Not-to-Exceed Amount of $15,330.00. ~~% 9. Resolution No. 94-69 - Declaring the Following ~~°' Equipment, Supplies, and Materials Surplus or Obsolete. ~~~~v~ 94-70 - Transferring $4,903 in the /10. Resolution No. ~~/~ ~ yr~~heneral Fund for Compensation to the Acting City ~~/~~q~~ anager . 11. *1995 Gamas of Chance and Contests cf Skill Permit Application - Kenai Visitors & Convention Bureau, Inc. D. COMMISSION/COPQ~SZTTEE 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. MINIITEB 1. *Regular Meeting of October 19, 1994. F. CORRESPONDENCE G. OLD BIISINE88 1. Resolution No. 94-65 - Awarding a Contract to ~~ GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Not-to-Exceed Amount of $27,580.00. -2- 2. Discussion - Kenai Peninsula Caucus ~,ur.Lj~-~" ~v ,G~ .c,~.Gq~~~~ a. 1995 Statement of Legislative Positions ~~, ~ b. 1994/1995 Fiscal Year, Annual Dues ~~ Discussion - Proposed Oil & Gas Lease Sale 85A, Cook ~ Inlet Exempt. H. NEW BIISINE88 ~~i'GY'~ ~' 1. Bills to be Paid, Bills to be Ratified ~~p,~O7/,~ 2 . Purchase Orders Exceeding $1, 000 GC• 3. *Ordinance No. 1614-94 - Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund From the Reserve for Athletic Expenditures. 4. Discussion - Bicentennial Building - Humidity, Lighting ~~ ~%i~~R and Security . ~~/~3~9~ 5. Schedule Joint Work Session - Council/Planning & Zoning ~~~ ~J~ - Proposed Borough Overlay Ordinance }`~ ~ ADMIN~~~RATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public works Director 7. Airport :tanager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT .~ _ . ,. ~_ ~.... -_ .; ,,. :~..:v ., -3-