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Home My WebLink About1993-03-10 P&Z PacketRENAI PLANNING & ZONING COMMISSION March 10, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINIITES - February 10, 1993 4. PERSONS PRESENT SCHEDOLED TO BE HEARD 5. PIIBLIC HEARINGS ~~~° "" I ~._ a. Resolution PZ 93-8 : AAA Taxi - Hibbert ~L~~ p 3~6/. PLANNING ~N` 7. NEW BIISINESS 8. OLD BIISINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Task Force d. City Administration 11. PERSONB PRESENT NOT SCHEDIILED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & OIIESTIONS 14. ADJOURNMENT ***WORK SESSION WITH TOWNSITE HISTORIC TASK FORCE*** 3. RENAI PLANNING & ZONING COMMISSION February 10, 1993 - 7:00 P.M. City Hall Council Chambers Chairperson Kathy Scott 1. ROLL CALL MINUTES Swearing in of new Commissioner Lori McComsey Chairperson Scott administered the Oath of Office and welcomed Commissioner McComsey. Commissioners present: Absent: Also present: 2. APPROVAL OF AGENDA Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Lori McComsey, Kathy Scott Duane Bannock (excused) Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant Additions to the agenda were New Business 7 a. MOTION AND VOTE: Resolution PZ 93-7: P&Z Budget 93/94 Bryson MOVED approval of agenda as presented. 80 ORDERED. 3. APPROVAL OF MINUTES - January 27, 1993 MOTION AND VOTE: Bryson MOVED approval of minutes as presented. SO ORDERED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS Goecke SECONDED. Hanson SECONDED. a. Resolution PZ 93-3: Encroachment Ehrhardt Scott opened the public hearing at 7:05 p.m. Peter Ehrhardt, applicant, stated that the encroachment existed when they purchased the house in 1985. They are in the process of refinancing, so must be in conformance with the KMC. La Shot reported that this encroachment was caused by the builder. A 10 foot setback is required for dwellings with a daylight basement in the Suburban Residential Zone. RENAI PLANNING AND ZONING COMMISSION Minutes - February 10, 1993 Page 2 A previous replat of Redoubt Subdivision had taken care of an encroachment on the other side of the building created by the addition of another story to the house. MOTION: Bryson MOVED approval of PZ Resolution 93-3: Encroachment Permit. Hanson sECONDED. VOTE: McComsey: Yes, Goecke: Yes, Hanson: Yes, Bryson: Yes, Scott: Yes PASSED IINANIMOIISLY. 6. PLANNING a. Resolution PZ 93-5: Hayes S/D La Shot reported that three houses presently exist here. This subdivision replats four lots. Normally the City would require a 50 foot right-of-way (ROW) for the access road, but due to the placement of existing buildings and available property a 40 ft. ROW will be okay. The Code could allow a half ROW and then if the adjacent property were subdivided in the future the other half of the ROW could be granted. Bryson indicated that he would be abstaining from voting on this resolution due to work he had done on this project. Scott accepted his abstention and reminded the remaining Commissioners that this would require a unanimous vote to be approved. MOTION: Goecke MOVED approval of Resolution PZ 93-5: Hayes Subdivision. Hanson SECONDED. VOTE: McComsey: Yes, Goecke: Yes, Hanson: Yes, Scott: Yes MOTION PASSED. Bryson abstained. b. Resolution PZ 93-6: Home Occupation - Hibbert La Shot reported that this occupation had been brought to the Planning Staff's attention by a citizen who was concerned with the extra traffic in the area. Staff was not sure whether this item should be dealt with as a Home Occupation or .Conditional Use Permit. The applicant was in the audience if the Commission had questions. Scott asked the applicant if he had additions to the Staff Report? RENAI PLANNING AND ZONING COMMISSION Minutes - February 10, 1993 Page 3 Brent Hibbert said his wife was the only person who worked in the office. He did minor repairs on the taxis at this site such as changing tires, oil, etc. Bryson asked how many taxis operate from the office? Hibbert said there are 9 permitted taxis, 8 in the area during shift change. The shift change is from 5 to 6 a.m. and 5 to 6 p.m. Scott said she had driven by the sight and had not seen an antennae or other indication of radio use. Are the taxis dispatched from the house? Hibbert said the dispatch system is mostly between cars but can be dispatched from the house. There is a small antennae there. Scott asked how long Hibbert had operated the business from this site? Hibbert about three years. Bryson asked how many access roads there were to the house and also how close to the City limits the business was? Hibbert said the taxis could access through Silver Salmon Drive and also Nighthawk, the City limits were about one block from the house. ~ MOTION: Goecke MOVED approval of Resolution PZ 93-5: Home Occupation Permit for Hibbert. Bryson SECONDED. DISCUSSION Bryson felt that due to the magnitude of taxis using the site a Home Occupation may not be appropriate. He thought a Conditional Use Permit would give the neighbors a chance to give input on how this business might be impacting the area. Hibbert reiterated that the taxis are only on site between 5 & 6 a.m. and 5 & 6 p.m. Hanson asked if the drivers parked their personal cars at the residence during their shift? Hibbert said a few of them did, there are usually only two to three cars on site at a time. voTE: McComsey: No, Goecke: Yes, Hanson: No, Scott: No, Bryson: No MOTION FAILED. RENAI PLANNING AND ZONING COMMISSION Minutes - February 10, 1993 Page 4 MOTION: Hanson MOVED that Hibbert obtain a Conditional Use Permit Application so the Commission can conduct a public hearing regarding this matter. Bryson SECONDED. PASSED UNANIMOUSLY. Scott told Hibbert he could pick. up the appropriate permit during business hours from the Planning Department. 7. NEW BUSINESS a. Resolution PZ 93-7: Planning and Zoning 1993-94 Budget Harvey presented the budget and explained that the only changes were an increase in Transportation and Miscellaneous. These costs would allow staff to attend the Western Planner's Conference which will be held in Anchorage and Homer in August. MOTION AND VOTE: Hanson MOVED approval of Resolution PZ: 93-7. Goecke SECONDED. PASSED UNANIMOUSLY. 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property b. University of Alaska Property (off Beaver Loop) 10. REPORTS a. City Council Smalley was in a work session. Report not available. b. Borough Planning Bryson reported that there were no items specific to the City of Kenai. Hayes Subdivision had been approved at the previous meeting. c. Townsite Historic Task Force d. City Administration La Shot reported that the Commission had asked Staff to contact DOT regarding the Spur Highway expansion and possible rezoning of the corridor. He didn't feel the rezoning was an issue that the DOT would be concerned with. He invited the Commissioners to review the plans which were available in the Planning Department. RENAI PLANNING AND ZONING COMMISSION Minutes - February 10, 1993 Page 5 11. PERSONS PREBENT NOT SCHEDIILED 12. INFORMATION ITEMS i 13. COMMISSION COMMENTS & OIIESTIONS Goecke: None Glick: Sorry for being late. Bryson: None. Hanson: None. Scott: Welcomed new Commissioner McComsey. McComsey: Glad to be on Commission. 14. ADJOIIRNMENT There being no further business the meeting was adjourned at approximately 8:00 p.m. Respectfully submitted, Loretta Harvey Transcribing Secretary ~~~ STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: March 3, 1993 Res: PZ93-8 GENERAL INFORMATION Applicant: Brent Hibbert, AAA Taxi 1385 Chisik Kenai, Alaska 99611 Requested Action: Legal Description: Esistinq Zoning: Current Land Use: Conditional Use Permit Lot 9, Block 2, Highland S/D Rural Residential (RR) Low Density Residential ANALYSIS Staff sent 14 Public Hearing Notices and advertised in the Clarion. There had been no response as of packet deadline. The applicant originally applied for a Home Occupation. After P&Z review and discussion it was decided that a CUP should be presented. This would facilitate comment from surrounding property owners and interested parties. RECOMMENDATIONS According to KMC 14.20.150 (b) Conditional Uses in All Zones: [i] Such uses must be similar to principal uses permitted in the zone. [ii] Such uses must be in harmony with the intent of the zone. As this matter was originally brought to our attention by a concerned neighbor, staff recommends giving considerable weight to public comment before approving this permit. ATTACHMENTS 1. Resolution PZ 93-8 2. Conditional Use Permit Application 3. Site Location CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 93-8 CONDITIONAL USE PERMIT A RESOLUTION OF KENAI (GRANTING) FOR Brent THE PLANNING AND ZONING COMMISSION OF THE CITY OF (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT Hibbert - AAA Taxi PO Box 3933 Soldotna, AK 99669 Located: 1382 Nighthawk Drive, Kenai WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.321 has been submitted and received on 2/16/93 2. This request is located on land zoned: Rural Residential (RR) 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 the existing requirements: a. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on 3/10/93 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 Taxi Service 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 the 10th day of March 1993. CHAIRPERSON ATTEST: Planning Secretary d~ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 Date: CONDITIONAL USE PERMIT NAME: MAILING ADDRESS: FEB ~ 61993 D PHONE • ( f C,l LEGAL DESCRIPTION OF PROPERTY INVOLVED: ZONING DISTRICT (Circle one) : C ~ ~ ~ ~ ~C ~~~/~~~'~ CC CG IL 1 RS RS-1 RS-2 IH R RU Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain develo men PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INIT AL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU .HAVE READ AND UNDERST D THESE CONDITIONS. 1 • A Conditional Use Permit issued by the Kenai Plannin Zoning Commission is required for some uses which mayabe compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is require for he pro osed develo ment as described: ~ G v~ d , 2~~ Please sub ' mit site Plan, Map (if available) and Traffic Flow & Parking 3 `/ice, ~ Please submit lans `~ and proposed buildings orlalterations,lele atl ns ofssing buildings or alterations, and data as may be requiredch 4c A Public Notification a nd Hearing is required before the issuance of this permit. A deposit/advertisin $100.00 non-refundable notification costs g(Please see attached procedure Sthese heet) Conditional Use Permit Page 2 5• An approved conditional use permit shall lapse tw months from the date of approval if the nonconforminc for which the conditional use permit was approved hay been implemented. The Commission may grant a extension not to exceed six months upon a finding circumstances have not changed sufficiently since date of initial permit approval. 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DlStriCt8 I or 2 Seat: 5-AfB Dist: 5- Uist: ~ C 00 S Snn~f~M.Vrw Kona: Jn kut°,i 4r ~ U LOC81 GOV~t. 91 Police Fire Ambulance I Hospital I ROad Maint Recreation Borough Gity y G DRAWN FED. CKD. 3@rVIC@8 E by: Ci} C',} ~t{ Gp G.H. Cif Ct{• K•PB. Kenai• y Map d; ra: ey: data: by: Mill Rates 2(53.1879 283. 1466 411 242-4404 283.1535 283^ 2424441 283.7535 S L k~P.6 ® Tax Code Area q -O ~ •O• . p• • O• .p• s '- t 2.70 Photo: Beta: trams: ~ This SectJon of land is 'further described by these maps andior sources.~- 2 ~ G K.P.B. ~ Land use uestions7 Call K P. or Cit A55@s5of 8 ~ Tax questions? Call K.P.B. at 262-441 a r„ •,,,,+,•,,,, „ ,,,••,,,,•, : Base Map USGS Series Quad Maps Kenai Iver ~ 1:250,000 t' : 4 mF. Kenai Book/Pa e 1:63.360 t' : 1 ml. C-3 4q FIOOd 1115. FIRM Map: Rate Map ~I Floodway: 2a35 2a5 NA ~~ ,....,. .~~. ~~~' r.. •rs+, e~+cmr•,u ,ea LEGEND Natl. Gas E ~ , NW t/4 NE 1/4 SW 1/4 •7822 SE 1/4 Phone ~ North Hall South Half EI@CtriC T U ql + r+ H E A Full Sec. - ~ --Fb-3.- G G riStar 7822 7623 of the N. ~ 91, ~ % ~ ~-~ AGENDA KENAI CITY COUNCII. -REGULAR MMEETTING MARCH 3, 1993 7:00 P.M. KENAI CITY COUNCIL 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. SCHEDULED PUBLIC CONIIVIIIV'T (10 Minutes) 1. Paul Carr -Changes to consider in Kenai's sign ordinance C. PUBLIC HEARINGS 1. Ordinance No. 1530-93 -Increasing estimated revenues and appropriations by $12,500 in the general fund for the library. (Proposed amendment) 2. *1993 Liquor Licxnse Renewal Application -Katmai Hotel Restaurant & Lounge. 3. *1993 Liquor License Renewai Application -Pizza Paradisos. 4. *1993 Liquor License Renewal Application -Don Jose's Restaurant & Cantina. 5. *1993 Liquor License Renewal Application -Little Ski-Mo Drive Inn. 6. *1993 Liquor License Renewal Application - Arirang Restaurant. 7. *1993 Games of Chance and Contests of Skill Permit Application -Kenai Peninsula Boys & Girls Club, Inc. 8. *1993 Games of Chance and Contests of Skill Permit Application -Pickle Hill Public Broadcasting, Inc. -1- D, ('nM1~IISSION/CO1~TT~ 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 ~ ~, 1. *Regular Meeting of February 17, 1993. F, C _ARRF4PONDENCE G, ni n BUSINF.~ 1. Discussion: Fact Sheet H. Nb'W BUSIl~~ 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3, *Ordinanc;e No. 1531 93 -Amending membership requirements for the Airport Commission. 4. Discussion/Approval -Assignment of lease of counter space #16 of the Kenai airport terminal from Johnny Jackson and Artha L. (Bonnie) Koerber d/b/a Payless Car Rental to Michael R. Routt and Roxanne R. d/b/a Payless Car Rental. I, Ai)M1NIt'1'IZATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director (. Public Works Director 7. Airport Manager -2- J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- AGENDA RENAI CITY COIINCIL - REGIILAR MEETING FEBRIIARY 17, 1993 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Nate Riel - Recreational Ice Rink Facility C. PIIBLIC HEARINGS 1. Ordinance No. 1529-93 - Authorizing the Execution of a Common Investment Agreement Among Political Subdivisions of the State of Alaska and to Authorize Creating and/or Becoming a Member of the Alaska Municipal League Investment Pool, Inc. 2. Resolution No. 93-12 - Rescinding the City of Kenai Filing, Records Program and Retention Schedule of 1985 and Replacing the Retention Schedule. 3. Resolution No. 93-13 - Congratulating the Kenai Central High School 1992-1993 4A Varsity Girls Basketball Team. 4. Resolution No. 93-14 - Transferring $2,500 in the General Fund for Repairs to Library Chairs. 5. Resolution No. 93-15 - Transferring $39,651 in the Court Facility Capital Project Fund for Additional Construction Costs. 6. 1993 Liquor License Renewal Application - a. Casino Bar - Beverage Dispensary b. Casino Bar - Casino - Package Store /D Q -1- 7. *1993 Liquor Spirit Shops 8. *1993 Liquor Country Liqu~ 9. *1993 Liquor & Grill. License Renewal Application - Oaken Keg #58 - Package Store. License Renewal Application - Kenai ~r - Package Store. License Renewal Application - Rainbow Bar 10. *1993 Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of February 3, 1993. F. CORRESPONDENCE G. OLD BIISINESS 1. Discussion - Fact Sheet H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1530-93 - Increasing Estimated Revenues and Appropriations by $12,500 in the General Fund for the Library. 4. Discussion - Land and Water Conservation Fund Project Status Report. 5. Discussion/Approval - Change Order No. 5, Kenai Courthouse Project - $12,995.00 6. Discussion - Townsite Historic Zoning District 7. Discussion - Mission Street Paving Project & ISTEA Funds. -2- I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- 1791-1991 - CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 ak~~r****##*+Ik*******tlk#*************************#**~**lktk*~r******dktk~k~r* MEMORANDUM DATE: MARCH 3, 1993 TO: PLANNING & ZONING COMM SSION TOWNSITE HISTORIC TA FORCE FROM: LORETTA HARVEY RE: WORK SESSION - TSH ZONE At their meeting of February 17th the Council requested that the referenced Advisory groups hold a joint work session to discuss the proposed TSH ordinance. Please find enclosed the TSH plan which was submitted to Council and the P & Z suggested revisions. A work session has been scheduled for March 10th at approximately 7:30 p.m., immediately following the P&Z meeting. Please call me at 283-7933 if you are unable to attend this meeting. t y ~ ~~~Y~ ~TS ttTF~ ~ox~uM DATE: FEBRIIARY 12, 1993 TO MAYOR JOHN WILLIAMS RENAI CITY COIINCIL FROM: TOWNSITE HISTORIC TASK FORCE 1 RE: TOWNSITE HISTORIC ZONING DISTRICT The Townsite Historic Task Force has completed the following items for your review: 1. Mission Statement 2. Substitute Ordinance 3. Rezone 4. Land Use Table 5. Proposed Historic District Projects 1 CITY OF RENAI TOWNSITE HISTORIC TASR FORCE MISSION STATEMENT The purpose of the City of Kenai Townsite Historic Task Force (TSHTF) is to develop specific recommendations to be presented to the Kenai City Council relating to: A. The proposed area to be included in a Townsite Historic District B. A revised townsite historic ordinance C. The restoration and enhancement of properties and structures considered to have historic significance The purpose of the TSHTF is not to promote any specific industry or enhance the marketing of any product. It is to provide a framework from which private and public interests can create their own goals. The intent of the TSHTF is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. The TSHTF will focus on community improvement, including rules and procedures intended to clearly define and proposed development. The intent of these rules and procedures is to provide a basis for what is considered acceptable development or alteration to existing properties in a manner that can be clearly understood and will welcome change. The framework is based on specific recommendations as well as a more generalized concept of how the historic portion of the city should be preserved and presented. We feel confident that the efforts of the TSHTF will have a positive effect toward promoting the historic district for the education, pleasure, and welfare of the people of Kenai and those visiting the city not only today, but for future generations. a- CITY OF KENAI ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 BY SUBSTITUTING A NEW ORDINANCE FOR 14.20. 105 TOWNSITE HISTORIC (TSH) ZONING DISTRICT. WHEREAS, the current area known as the Townsite Historic (TSH) Zoning District, has varied and conflicting land uses which are not compatible with the historic nature of the district: and, WHEREAS, the Kenai City Council has created a Townsite Historic Task Force to review and make recommendations pertaining to the Townsite Historic Zone; and, WHEREAS, the Townsite Historic Task Force has reviewed the existing ordinance and redrafted it to better meet the needs of the area; and, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: } The Kenai Municipal Code Title 14 amended by substituting Section 14.20.105 entitled Townsite Historic (TSH) Zoning District: as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 1993. ATTEST: Carol L. Freas, City Clerk MAYOR JOHN J. WILLIAMS First Reading: Second Reading: Effective Date: EXHIBIT "A" DRAF'If January il, 1993 14.20.105 Townsite Historic (TSH) Zoning District (a) Intent• The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. (2) To the extent available in the community, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet at least twice each year and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. TSH Zoning District - DRAFT January il, 1993 Page 2 (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (4 ) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated every ten years. (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. TSH Zoning District - DRAFT January 11, 1993 Page 3 The criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai guidelines. (5) All exterior construction must be completed within a year of date of approval. (d) Development Criteria The development criteria is intended to provide for a district in which residential and business enterprises co-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited too: (a) Metal buildings (b) Buildings with "modern design style of architecture" that .have no historical correlation with the district TSH Zoning District - DRAFT January 11, 1993 Page 4 (c) All multiple family residences including duplexes and larger structures (d) Trailers (e) Gas stations (f) Auto repair shops (g) Rental storage of any kind (h) Junk and junkyards (i) Kennels or similar uses (j) Livestock, Stables, Commercial horseback riding (k) Auto body and paint shops (1) Commercial buildings are limited to a total area of no more 5, 000 per story, with any individual unit within the structure of no more than 2,500 square feet (4) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: (a) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location. (b) No additions to the pre-existing structure will be allowable. (c) The use of the new structure must be the same as the previous structure. (d) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (e) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (f) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (e) Criteria for designation of landmarks to be included into the TSH: (a) Its age - approximately fifty years old. (b) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (c) Its location as the site of a significant historic event. (d) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (e) Its distinguishing characteristics of an architectural type. TSH Zoning District - DRAFT January 11, 1993 Page 5 (f) Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motive. (5) Uses (a) Principal Permitted Uses as allowed in Land Use Table. (b) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (f) Review process Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation tegarding the permit application the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in subsections (C) and (D) above and all other pertinent provisions of the Kenai Municipal Code. (g) Penalties: Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260 (Ord. 1132, 1240) (h) Definitions: 1. Alteration-Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 4. Certified Local Government-A local government "that has been certified to carry out the purposes of the National Historic Preservation Act". 5. Historic District-An area designated as a "historic district" by ordinance of the City Council which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics TSH Zoning District - DRAFT - January 11, 1993 Page 6 of the landmark or landmarks located within the historic district. 6. Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark-A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development-Any development which requires a building permit. 9. Reconstruction-The action of reconstructing. 10. Removal-Any relocation of a structure on its site or to another site. 11. Renovation-To restore to a former better state (as by ~ repairing or rebuilding). 12. Siteplan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. C:\uP51\DOCS\TSHTASK\TSHDRAFT.GBK 3 CITY OF RENAI TOWNSITE HISTORIC TASR FORCE PROPOSED REZONE OF TOWNSITE HISTORIC DISTRICT It is the recommendation of the Townsite Historic Task Force that the geographical area of the City of Kenai to be zoned Townsite Historic (TSH) be amended to include that area outlined by the accompanying plat. It is our opinion that this area would include the majority of the original village. By establishing the boundaries, as presented, it would identify an area which is large enough to develop a historic district but not so large that it becomes unmanageable or detrimental to commercial development in the remaining downtown commercial zones. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93- A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (REZONING) (LAND USE PLAN AMENDMENT) SUBMITTED BY City of Kenai, 210 Fidalgo, Kenai, Alaska (Applicant) FOR (Legal Description) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Townsite Historic (TSH) 2. The present land use plan designation of the subject property is Historic Townsite 3. The proposed (ZONING DISTRICT) (LAND USE DESIGNATION) for the ? affected property is TSH & Central Commercial (CC) 4. An appropriate public hearing as required has been conducted by the Commission on 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN) is hereby recommended to the Kenai City Council. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska, this day of 1993. CHAIRMAN ATTEST: Planning Secretary Suggested by: Planning and Zoning CITY OF RENAI ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS DESCRIBED AS PORTION OF SECTION 5 & 6, TSN, R11W, TOWNSITE HISTORIC ZONE. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Townsite Historic (TSH), Conservation (C), and General Commercial (CG); and, WHEREAS, the City of Kenai desires to render the area with zoning designations which are compatible with present land use; and, WHEREAS, the proposed zoning designation is Central Commercial (CC), and Townsite Historic (TSH); and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on tlnd as a result of that public hearing recommend approval of the proposed amendment to the Central Commercial (CC), and Townsite Historic (TSH), zoning designations, as indicated on attached map. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Subject properties consisting of those lands depicted in Exhibit A described as Portion of Section 5 & 6, TSN, R11W, Townsite Historic (TSH), General Commercial (CG), and Conservation (C), are hereby amended to Central Commercial (CC), and Townsite Historic (TSH). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1993. ATTEST: -JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk First Reading: Second Reading: Effective Date t.~ ~' /~~ ~•` •~ t :<L~?'('Yt. .il.. ~ny.r~rl ,r~ ~_~ ^. ~r '~~ll'1!"'=' T:.y .> (~ ~:.» Jt.i+ ~ tiJ c], fir;, '~1r iJ-~ ~.: / <. a : I..~,, },~. •L.~ j •~ p ~ ~ ^~,~ O! ~ !~%g~Y if ~ + ^~ 1" i•;~,.r t [=~ ~ ~ ~ ,r .*••-- •Y/a ~ <~ .J.wt_ _A.. ..~. ~. .~ ,4 ~.ti~~,; F Li;'ikyl[sJy,' •f.,~.a~: •~ _ .. ~ . ~. < ~ .~~ ,.. ~ ~ 111 ~ _ ~•. Z = v t ~ • ; ~, ~ ~ _ "' r ` _ M ?TOIL ~ ~ ' • ~ .~ ~ .• ~ ~ ~ ~• ~ ~ .~~ if ~ ~ w .+ . . ,.LE., ... N ~' , • ' ~ vi 9 ~~~ 74 • ~'~ ,s, a I ~~ ~/ ~ ~ j~ ~ ~ L~~ :I~:i.: 4 Suggested by: Planning and Zoning CITY OF KENAI ORDINANCE NO. 14 -93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE LAND USE TABLE BY ADDING TOWNSITE HISTORIC TSH . WHEREAS, the Land Use Table of the KMC does not refer to permitted uses under the Townsite Historic Zone (TSH.); and, WHEREAS, the City of Kenai Townsite Historic Task Force, recommends an addition to the the Kenai Municipal Code Land Use Table under Townsite Historic Zone (TSH); and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Land Use Table be amended to include the Townsite Historic Zone (TSH) zone as indicated in Exhibit "A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 1993. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk First Reading: Second Reading: Effective Date: f_,AND USE TABLE ITT: P = Prirci pal Peraitted Use C = Conditional Use S = SecaMary Use NOTE: Refererce footnotes on following pages for additional restrictions. Table 1 of 3 C ZONING DISTRICTS LAND USES C RR RR 1 RS RS 1 RS2' RU CC CG IL ' IIi - R T S H RESIDIIVTIAL One Family Dwelling P P P P P P S Si SZ P P Two Family Dwelling P P P P P P S P ThreeJFour Family Dwelling P P P S ST Five/Six Family Dwelling C3 P P S S~ Seven or More Family Dwelling C3 C3 P S St C Townhouses b C C C Mobile Homes s Mobile Home Parks s C C Planned Unit Residential Development ~ C C C COMMERCIAL Automotive Sales p p p Automofive Service Stations p p p ~~ P P Business/Consumer Services p p C Hotels/Motels p p C Professional Offices P P P P P S P Restaurants C8 P P C C Retail/Wholesale Business P P P P C C Theaters/ Commercial Rccreation P P P 4 - 560-07/02/92 14-66 CITY OF kENAI EXk~~d,t .Air LAND USE TABLE C ITT: P = Principal Pe~itied Use NOTE: Reference footrotes C = Cotditiarol Use ~ on following pages for S = Secondary Use additional restrictions. Table 2 of 3 ZONING DISTRICT'S LAND USES ,. C ~ RR` RRl RS RSl I2S2 RU CC CG IL IH R T S H INDUSTRIAL . Airports and Related Uses P P P Automotive Repair/ T'ue RecaPPm~ Rebuilding P P P Gas Manufacture) Storage C9 Manufacturing/ Fabricating/ Assembly/Storage P P Wat+ehouses P P PUBLIC/ INSTTTUTIONAL Charitable Institutions P P Churches Pao pro pro pro Ct p Clinics P p C Colleges C C C C C Elementary Schools C C C C C Governmental Buildings C C C C High Schools C C C C C Hospitals C C C C C Libraries C~Z P P P Museums p p p Parks and Recreation P. S S S S S P P Public Facilities C C C P C Sanitariums C C C C C _( - S60-07/02/92 14-67 CITY OF KENAI LAND USE TABLE ITT: P = Principal Penaifted Use C = Conditional Use S ~ SecaMary Use Table 3 of 3 NOTE: Reference footmtes on following pages for additiaiel restrictions. ZONING DISTRICTS C RR RRl 12S RSI° k2S2 RU CC CG IL IH R T LAND USES S` H MISCELLANEOUS Animal Boarding is C C C Bed & Breakfasts C C C C C Cabin Rentals C C Cemeteries C Crematories C C C C Day Care Centers 12 C C C C C C C C Dormitories! p Sf S C Boarding Houses Essential Services P P P P P P P P P P P P P Farn»ng/Gardening/ P P P General Agriculture Greenhouses/Tree C C C C C C Nurseries Ts Assemblages 15 C C C C C C (large: Circuses, Fairs, etc.) Lodges/Fraternal P P C Organizations Nursing, C C P P Convalescent or Rest Homes Parking, Off-Street P P P P P P P P P P P P P king, Public C C C P 1?rivate Clubs P P P S C Radio/TV P P P S Transmitters Recreational Vehicle C C C C C C C Parks Social Halls p P C Subsurface Ext- C C C C C C C C C C C racoon of Natural Resources re Surface Extraction C C C C C C C C C C C of Natural Resources ~~ Union Halls P P C 560-07/02/92 14-68 CITY OF KENAI 5. CITY OF RENAI TOWNSITE HISTORIC TASK FORCE PROPOSED HISTORIC DISTRICT PROJECTS As requested by the City Council of the City of Kenai, the Task Force has developed and hereby submit a list of projects the City may wish to consider for development and/or improvement within the Townsite Historic District. These proposals have not been ranked by level of importance. In addition, no analysis as to feasibility or cost has been considered. The list is intended for discussion and review purposes. 1. PARR DEVELOPMENT The area in old town which is surrounded by the streets named Overland, Mission and Upland, has been considered for a Historic Park. The area is mostly vacant land, made up of 24 individual lots which have different owners. Structures currently located in this area include: two fourplexes (at the northern edge); two single family dwellings (at the southwest corner); a shop (on the southwest corner); and a single family trailer (on the east side). The existing structures are located on the edge of the boundaries leaving an area which would serve well as a park setting. Included in this park would be trails, benches, lawn and various structures which are currently uninhabited and located throughout the community and surrounding areas. These structures representing log homes, shops, outbuildings (maybe an outhouse or two) would be relocated to this area to be renovated and maintained on a permanent basis. Responsibility for the renovation and maintenance would be with the Townsite Historic District Board. The Board would also be responsible for surveying the area to locate such facilities, decide which would be selected to be moved to the park and what their permanent placement within the park would be. The City Council's involvement in this project would be to acquire the property, develop the park and provide the funding for necessary maintenance. 2. BEACH TRAIL Inlet Street is the only dedicated access to the beach from Old Town. This street begins at Alaska Street and follows down the bluff diagonally to Meeks Crossing. It has been closed for many years and has suffered from severe erosion. Our request is that Inlet Street be repaired to the level of afoot path to allow for foot traffic to and from Meeks Crossing. PROPOSED TOWNSITE HISTORIC PROJECTS Page 2 3. STREET IMPROVEMENTS Negotiations seem to be complete with the Russian Orthodox Church relating to the dedication of the land necessary within the Church grounds to construct a street in that area. We urge that this process including the necessary public hearings and other necessary land easement be obtained during the winter of 1993. With these procedural concerns complete, we urge that the street construction occur during the summer of 1993. 4. FISH AND AILDLIFE FACILITY Several years ago, the City was considering a trade of wetland properties with the Fish and Wildlife for their facility located on Overland Avenue. As the buildings currently existing on the Fish and Wildlife facility represent early Kenai construction, an effort should be made to retain them. We feel to resume discussions with the Fish and Wildlife to arrange a trade of their land holdings on Overland for wetland properties should be considered. 5. BLIIFF EROSION As we are all aware, the bluff overlooking the mouth of the Kenai river has continued to erode for many years. This problem has now resulted in the need to abandon residences and threatens others. In addition, an unpaved street is in jeopardy of being lost to erosion. We recommend that the City consider a permanent solution to the problem. Such a solution should involve a method of permanently eliminating the erosion problem in order to terminate the progressive loss of town site land to the river. 6. BEACH FRONT It appears that vehicle traffic on Kenai Avenue has increased in recent years to the detriment of the sand dunes on the south side of the avenue. The sand dunes are being destroyed as vehicles leave Kenai Avenue to drive over the dunes to the beach. In addition, significant amounts of trash (including empty liquor bottles) can regularly be seen along the avenue. As Kenai Avenue dead-ends at the mouth of the slough draining from the upland areas behind the City and serves no apparent purpose, we recommend the avenue be closed or upgraded and barricades be erected on both sides of the avenue to protect the natural habitat surrounding the avenue from damage caused by vehicles and foot traffic. In addition, if a decision to close the avenue is made, the land on which the avenue is constructed should be returned to its original appearance. PROPOSED TOWNSITE HISTORIC PROJECTS Page 3 This closure or upgrade would result in a reduction in the damage being done to the sand dunes and significantly reduce the litter and debris currently being deposited in the area. 7. SIGNAGE We recommend that the existing sign ordinance of the City of Kenai be modified to establish specific provision relation to the historic district. ~~ ~ CITY OF KENAI TOWNSITE HISTORIC TASK FORCE MISSION STATEMENT The purpose of the City of Kenai Townsite Historic Task Force (TSHTF) is to develop specific recommendations to be presented to the Kenai City Council relating to: A. The proposed area to be included in a Townsite Historic District B. A revised townsite historic ordinance C. The restoration and enhancement of properties and structures considered to have historic significance The purpose of the TSHTF is not to promote any specific industry or enhance the marketing of any product. It is to provide a framework from which private and public interests can create their own goals . The intent of the TSHTF is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. The TSHTF will focus on community improvement, including rules and procedures intended to clearly define and proposed development. The intent of these rules and procedures is to provide a basis for what is considered acceptable development or alteration to existing properties in a manner that can be clearly understood and will welcome change. The framework is based on specific recommendations as well as a more generalized concept of how the historic portion of the city should be preserved and presented. We feel confident that the efforts of the TSHTF will have a positive effect toward promoting the historic district for the education, pleasure, and welfare of the people of Kenai and those visiting the city not only today, but for future generations. ~~~ „ DRAF'Ii January 27, 1993 Planning and Zoning Commission gecoasendations 14.20.105 Townsite Historic (TSH) Zoning District (a) Intent• The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board' s activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority plus one member must be residents of the City of Kenai. (2) To the extent available in the [community] cit , three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet at least twice each year and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. TSH Zoning District - DRAFT - January 11, 1993 Page 2 (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (4 ) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated every ten years. (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. TSH Zoning District - DRAFT January 11, 1993 Page 3 (d) Development Criteria The development criteria is intended to provide for a district in which residential and business enterprises co-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited too: ?(a) Metal buildings (b) Buildings with "modern design-style of architecture" that have no historical correlation with the district ?(c) All multiple family residences including duplexes and larger structures ~c7~ ? (d) Tra i 1 er s ~c~e,ad~. ado~~°~ ~.. (e) Gas stations (f) Auto repair shops (g) Rental storage of any kind 2 (h) Junk and junkyards~~(~,;.-~cc*-~~ '(i) Kennels or similar uses (j) Livestock, Stables, Commercial horseback riding (k) Auto body and paint shops 2 (1) Commercial buildings are limited to a total area of no more 5,000 per story, with any individual unit within the structure of no more than 2,500 square feet (e) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. t TSH Zoning District - DRAFT January 11, 1993 Page 4 (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai guidelines. (5) All exterior construction must be completed within a year of date of approval. (4) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: (a) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location. (b) No additions to the pre-existing structure will be allowable. (c) The use of the new structure must be the same as the previous structure. (d) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (e) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (f) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (f) Criteria for designation of landmarks to be included in the T5H: (a) Its age - approximately fifty years old. (b) Its character, interest or value as part of the 1 development, heritage, or cultural characteristics of the city of Kenai. TSH Zoning District - DRAFT -- January 11, 1993 Page 5 (c) Its location as the site of a significant historic event. (d) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (e) Its distinguishing characteristics of an architectural type. (f) Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motive. (5) Uses (a) Principal Permitted Uses as allowed in Land Use Table. (b) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (g) Review process Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation regarding the permit application the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in subsections (C) and (D) above and all other pertinent provisions of the Kenai Municipal Code. (h) Penalties: Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260 (Ord. 1132, 1240) (i) Definitions: 1. Alteration-Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 4. Certified Local Government-A local government "that has been certified to carry out the purposes of the National Historic Preservation Act". TSH Zoning District - DRAFT - 1 January il, 1993 Page 6 5. Historic District-An area designated as a "historic district" by ordinance of the City Council which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual. characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark-A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development-Any development which requires a building permit. 9. Reconstruction-The action of reconstructing. 10. Removal-Any relocation of a structure on its site or to another site. 11. Renovation-To restore to a former better state (as by repairing or rebuilding). 12. Siteplan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. C:\WP57\DOCS\TSHTASK\TSHDRAFT.GBK ~-:, ~ ~`'`. ,1', , ~% )"~ ~ ~ ~ H~ ~ r'r•_A ~` -~V' .. ..r,7 .r`.~+t. ` J ~ ~ . i ;' J ,., i Y~~~.r,~,T~'~. ~^`.n.-.w~.•-. :; ~ , <' , • ' .•a••~ .' .. •' I f {~ 'may ~ .~ .I •' /~'~•~ ~,~ ~ •~. ~ ',/ .~ V _ ~~ ~'` '=• ,fir' •.:~i;• tii,.- / • .. .. '. .. ,ir.' ~, .~ •~ .. _ •'f. is r w ~ N _ .. .. .. ` .r. I y • \ .. r . .•~ w ~9 ,.~~ mid ~_ . ~,. ~ :'. ~~ .,~, c ~ .. ,• _ ., I . V X~/(~L ~/' // LAND USE TABLE C `~ 6~ QI ~) O 0 D ITT: P Principal Peneitted Use C = CorWitional Use 5 = Secordary Use ZONING DISTRICTS C RR RRI RS RST RS2 RU CC CG II. IH R T LAND USES S H RESIDENTIAL One Family P P P P P P S S~ SZ P P Dwelling Two Family P P P P P P S p Dwelling ThreelFour Family P P P S S~ C Dwelling FivelSiz Family C3 P P S S~ Dwelling Seven or More C3 C3 P S S~ C Family Dwelling Townhouses ti C C C Mobile Homes s Mobile Home C C Parks a Planned Unit C C C Residential Development ~ COMMERCIAL Automotive Sales p p p Automotive Service p p P Stations ~~ P P Business/Consumer p p C Services otelslMotels p p C fessionalOffices p p p p P S P estaurants C8 P P C C RetaiUWholesale P P P P C C usiness Theaters/ P P P Commercial Kccrcation S 60-07!02/92 NOTE: Reference footnotes on following pages for additional restrictions. Table 1 of 3 14-66 CITY OF E~ENAI ~~ ~~ d~~~~,;~ ~ °~..-' LAND USE TABL - C oK( j E Q 6~ ~~ b~ Or b~ ~~ IU=7: P = Principal Defvitted Use C = Conditional Use S = Secondary Use Table 2 of 3 NOTE: Reference footnotes on following pages for additional restrictions. ZONIIVG DISTRICT'S C RR" RRl RS RS1 RS2 RU CC ' CG 1L IH R T LAND USES S H INDUSTRIAL f Airports and P P P Related Uses Automotive Repair/ p p p T'u~ RecaPPmg/ Rebuilding Gas Manufacture) ~ Storage Manufacturing/ P P Fabricating/ Assembly/Storage Warehouses P P PUBLIC INSTITUTIONAL i Charitable p P stitutions hunches pro pro pro pro Cc P ..cs P P C Colleges C C C C C Elementary Schools C C C C C Governmental C C C C Buildings High Schools C C C C C Hospitals C C C C C ibraries Crz p p P Museums p P P Parks and P S S S S S p p ecreation ublic Pacili6es C C C P C Sanitariums C C C C C 560-07/0/92 14-67 CITY OF KENAI LAND USE TABL ~~ D~ d/ Ol ~ 2 ill ~` ~~ 0~~ ~~ ~~ ~~ 6~ ~~~ ITT: P = Prircipal Perwitted Use NOTE: Reference footnotes C Conditional Use ~ on following pages for 5 ~ Secondary Use ~ additiorwl restrictiortq. Table 3 of 3 ZONING DISTRICT'S _ - C RR _ RR1 ' RS RSI RS2 RU CC CG IL IH R T - LAND USES S H 14IISCELLANFAUS Animal Boarding 13 C C C Bed & Breal~asts C C C C C Cabin Rentals C C Cemeteries C C Crematories C C C C Day Care Centers IZ C C C C C C C C Dormitories/ p St S C Boarding Houses ntial Services P P P P P P P P P P P P P Farming/Gardening/ P P P General Agriculture reenhouses/Tree C C C C C C Nurseries r3 Assemblages Is C C C C C C Large: Circuses, Fairs, etc.) Lodges/Fraternal p p C Organizations Nursing, C C P P onvalescent or Rest Homes Parking, Off-Street P P P P P P P P P P P P P o king, Pubtic I C C C p p . Private Clubs P P P S C ~o~ P P P S Transmitters ecreational Vehicle C C C C C C C Parks ocial Halls P I, C Subsurface Ext- C C C C C C C C C C C lion of Natural Resources Is Surface Eztraclion C C C C C C C C C C C of Natural Resources ~~ I I Union Nails P P C 560-07/02/92 1~-68 CITY OP hGNAI ~J KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 3 Bryson said he felt that the home occupation should be "wholly enclosed" within the principal building on the lot. The principal building would be the home. ROLL CALL VOTE: Bannock: Yes, Bryson: No, .Glick: Yes, Goecke: Yes, Hanson: Abstain, Scott: Yes PASSED BY MAJORITY VOTE. ONE ABSTENTION. 7. NEW BIISINE88 a. Townsite Historic Task Force Review The Commissioners went through the Draft Ordinance: Historic Board: Bryson said he would be opposed to this Board to regulate that area. There is also no requirement for City residency. It would not be appropriate for non-residents to set City policies for such a sensitive area. Goecke explained that this would be a Board. City guidelines do not require that a Board member be a City resident. As I remember if there is someone wanting to develop in the TSH zone they have to submit a document to this body, P&Z than would turn this to the TSH Board for their recommendations, than it would come back to the P&Z. This would create an additional step in approval of all development in TSH. Bannock said he felt that section B. and C. were not appropriate since it had never been clearly decided whether or not a Board was vital for sites to be considered as historic. Smalley said he felt that Ms. Bittner had stated that there be a Board or Panel/Commission that works in that capacity. The language did not state you had to have a specific body to deal with the historic area. Scott asked the Commission if they had reached a consensus as to whether or not the Board should be made up of residents. Bryson said he had trouble with non-residents making policies for the City of Kenai. He also noted that one of the main commercial activities in the TSH zone were apartments and under the new ordinance multi-family was not allowed. Hanson felt that the intent of the Task Force was that this body would have no power but be advisory only. Bannock said he would probably like the Board better if members were City residents. All meetings are open to the public so anyone can come and testify regarding historic sites. If b and c need to be in the ordinance than they should include resident criteria. ' KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 4 Glick said he realized this would be a specialized group. This area is a special area that merits this kind of consideration. Normally he would be against more regulartory hoops, but this area requires special treatment. Scott asked if there would be an objection to sending forth a recommendation on this section? Limiting the Board to advisory only, limiting members to residents only. Bryson said he felt there may be a need to obtain specialized help outside of the City limits. Scott asked if Bryson would like to recommend a minimum number of members who would be city residents. Bryson said he felt five would be appropriate, or an equal ratio. At least the majority of members should be residents. Bannock asked if the section could be rewritten to include "to the extent available within the city." Hanson said he felt that in the extent that this is intended to be a "advisory board" he would like to see the best qualified people be on it. Whether they reside in the city is not important. i Scott thought that perhaps the Commission should recommend a majority, plus one. Scott asked for other comments regarding this proposed board. She noted that the ordinance suggested the board meet a minimum of twice a year or as needed. Hanson reported that the Task Force had designed it so the board would not have to meet during the long, cold, winter months, when building activity is down. Scott noted that the ordinance numbering was confusing. Harvey said she would check the numbering and try to clarify it. Development Criteria: Bryson was concerned over the second sentence on page three regarding reconstruction. He felt it was reaching way beyond land use issues. Scott expressed concern over the legality of some parts of the ordinance. Have any of these been legally tested? Hanson said it has been tested and it was decided that if the historical interest in a community is great enough, if it's not arbitrary, than the ordinance can deny some uses in that area. 1 Bryson referred to page 4 item (c) wondered why all multi-family structures including duplexes are prohibited from being constructed. Yet, if there is an existing building it would be allowed to rebuild. This seems to be counter to the existing KMC. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 5 _ Bannock had a problem with (a) Metal Buildings. He recalled Mr. Tormdle's attempt to put up ::uch a building but he was denied. He also expressed concerns regarding (d) trailers, (already not allowed under KMC 24.22.40); (j) commercial horseback riding, (this is going overboard on what an ordinance should address.) Bryson comment on (1) just for sake of scale, Bailey building is 5,000 feet, so anything larger than that would be prohibited. The only viable business in Old Town are apartment rentals. The prohibition of apartments would create quite an impact on that area. Glick said he felt apartment buildings should be allowed as long as they conformed to the historic nature of the district. Scott summarized for. the Commission: Problem with sections (c), (j) and (1). These sections need clarification and work. The primary concern is the rebuilding of prohibited non-conforming use structures under 4. Proposed Boundaries La Shot said that the Commission should decide what the area outside the proposed TSH zone should be zoned? Bannock mentioned that Bookey had requested that his RV park be included in one zoning designation. Glick said this item should probably be addressed separate from this zone change. Bryson noted that the Russian Cemetery was included in the proposed zone but cemeteries were not included in the Land Use Table. Goecke said the Task Force felt the cemetery had "grandfather rights" but no new-cemeteries will be allowed. Bryson felt cemeteries should be allowed as a Conditional Use, rather then non-conforming. Bryson also thought that parking should be allowed on private lots, this is listed as a prohibited use under the new ordinance. Scott recommended this item be carried over to the next meeting for additional review. Smalley said that he would not be able to attend the meeting of February 10th since there was a work session scheduled for the City Manager's position. Scott said that the TSH review should be carried over to the February 24th meeting. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 7 _ ' A work session will be held on February 10th to discuss City Manager hiring procedure. The Council passed an Ordinance relinquishing Landscape Review Board responsibilities to the Planning and Zoning Commission. b. Borough Planning Bryson reported that he had missed the previous meeting but noted items of interest to the City on the agenda. c. Townsite Historic Task Force - None d. City Administration - None 11. PERSONS PRESENT NOT SCHEDOLED 12. INFORMATION ITEMS a. Homer News - Proposed changes in Homer sign law b. Carr's Sign Variance - Board of Adjustment Minutes 13. COMMISSION COMMENTS & OIIESTIONS ~ Bannock said he would not be able to attend the next meeting. 14. ADJOIIRNMENT There being no further business the meeting was adjourned at approximately 9:55. Respectfully submitted, oret Har ey Transcribing Secretary