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Home My WebLink About1993-11-24 P&Z PacketCitv of Kenai. Alaska 210 Fidalgo Suite 200 PLt~NNING AND ZONING COMMISSION **AGENDA** November 24, 1993 - 7:00 p.m. Chairman Phil Bryson 1. ROLL CALL 2. APPROVAL OF AGENDA November 10, a. E~roachment•;~Perm't -James :. .... Lod:>.,5:~•«$1•`~, Sungate;Park SID 9. REPORTS a. City Council.,. b. Borough Plaii~ c. Administration 11. INFORMATION ITEMS a. Capital Improvement Projects - 1994-95 12. COMIIIISSION COMII~NTS d~ QUESTIONS 13. ADJOURNMENT 3 Gity of Kenai Alaska 21D Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION °~*liiinutes'~'~ November 10, 1993 •> 7:00, p.m Cawicil Chambers Chairman Phil Bryson 1. ROLL CALL Members present: Teresa Werner-Quade; Carl Glick; Phil Bryson; Ron Goecke; Lori McComsey; Kevin Walker Members absent: Charlie Pierce Also present: Councilman Duane Bannock Bob Springer, Building Inspector Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA There was an addition to the agenda under New Business c. Resolution PZ-47: Section 14.25.070: Modifications (KMC 14.25 Landscaping Regulations). MOTION AND VOTE: Glick moved approval of agenda as amended. Goecke seconded. Passed unanimously. 3. APPROVAL OF MINUTES October 27, 1993 MOTION: Walker moved approval of Minutes as presented. Glick Seconded. Passed unanimously. Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 1 4. PLANNING a. Landscaping/Site Plan Review - Salamatof Native Association Bryson introduced the item, which was a request for modification of the site located at the corner of Willow and Granite Place. Bryson said he had gone by the site after he received his packet. At that time there were five trees, the site plan indicates parking on that side. They are proposing parking which is partially on their property and partially in the right-of-way (ROW). In addition they are proposing snow storage generally in the ROW partially on their property. He had a problem with the fact that the property is located on a corner and they may block the visibility at that point, and a sewage lift station that possibly could interfere with proposed snow storage. Also, he does not like a parking situation where people have to back into the street to leave. Kevin Walker said it appeared that most of the work was already done. He wondered why the site plan was before the Commission, when there will have to be parking whether it's approved or not. Walker also expressed concern about the snow storage and felt parking and backing onto the street at that corner is inappropriate. MOTION: Goecke moved approval of Resolution PZ 93-46. Glick Seconded. DISCUSSION Bryson asked if anyone knew whether the pavement was new or not? Duane Bannock noted that Mr. Chumley was in the audience representing the applicant and perhaps he would answer questions regarding the siteplan. Mr. Chumley said that the asphalt is not there. There was clay under the building that needed to be removed so they could replace a sheet of metal that had a hole in it. The building is very old and they are doing a lot of improvements. At this time there is very limited parking, if you park several cars in front of the building it's hard for people to back around and leave the lot. Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 2 Bryson also noted from the siteplan that all the area on the lot will now be parking or building. Snow removal is going to be a problem. He was uncomfortable with being presented with one situation in the packet and when the meeting rolls around it's a different situation. He asked if Administration had addressed the issue of snow removal? Springer said that he had not addressed the snow removal, just the parking situation. There appears to be plenty of space between the street and where vehicles would back up. Goecke asked Chumley if consideration had been given to parallel parking, three abreast on that side of the building? Chumley said that it wasn't, but, they would have no problem with looking at that. As far as the snow storage, they had to indicate a place according to the application, but the storage area could be changed. Glick asked if there was a door on the Granite Street side? Chumley said there is not, but the new plans will include a door there. Right now the building is basically a warehouse and they are going to make 60% office space. Walker said that he would like the snow storage area to be moved, and the parking spaces changed to parallel parking. Chumley said he would agree to move the snow storage area and change the parking to parallel. Goecke asked to include on PZ 93-46 parallel parking and the removal of the snow storage to another area. Glick (second) concurred. Bryson asked if anyone on the Commission had an objection to the changes. Hearing none the motion was changed. Bryson reiterated that he was still resistant to backing onto City streets and he felt that the City Engineer should comment on the location of the snow storage area. Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 3 VOTE: Resolution PZ 93-46: Landscape Siteplan Review - Salamatof Bryson Pierce Glick Goecke McComsey Werner-Quade Walker YES YES YES YES YES YES YES 5. PUBLIC HEARINGS None. 6. NEW BUSINESS a. Homer Electric Request to Purchase Kim Howard reviewed the memorandum regarding the request to purchase land described as the southern 4.7 acre portion of Tract B, Baron Park Subdivision No. 5. If the commission finds that this property is not needed for city use, and the FAA will finalize the release for sale, the property will be put up for competitive bid. Since HEA made the original request to purchase they would be able to meet the low bid. MOTION: Glick moved to recommend to Council that the City of Kenai place land described as the southern portion 4.7 acre portion of Tract B, Baron Park S/D No. 5, up for sale by competitive bid. Teresa Werner-Quade seconded. DISCUSSION: Walker wished to add to the motion, providing a deed of release is received from the FAA. Bryson asked if maker and second concurred. So concurred. Ron Goecke asked what HEA needed the land for? Dave Bear, HEA representative, said they are wishing to replace the sub-station on Walker Lane. This station was built to facilitate operation of Kenai Packers and is outdated. HEA needs to replace and upgrade this sub-station. If allowed to purchase the property for the new sub-station, they will remove the station on Walker Lane. Bryson said this area has been a waste site in the past and he wondered if that would create problems. Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 4 Bear said they had dug some test holes on the site and it did not appear there would be any problems. The actual space for the sub-station is a fairly small area. Bryson noted that the dirt mounds near the sight may eventually be play areas for children, would the sub-station be fenced? Bear replied that it would be fully fenced. Werner-Quade asked how much of the site would be used for the sub-station? Bear replied that it would be approximately 150 ft. by 250 ft. The reason for the large configuration of the lot is HEA must bring transmission into the site. Also, there are numerous underground distribution feeders that have to come from the site, so they need a large area to facilitate these lines. VOTE: Bryson Pierce Glick Goecke McComsey Werner-Quade Walker YES YES YES YES YES YES YES b. Security Assignment of Lease -Lot 2, BL 5, CIIAP Kim Howard said she had nothing to add to the memorandum in the packet. The City Attorney has reviewed the Security Assignment of Lease and has no problem with it. Does the Planning and Zoning Commission approve the Security Assignment of Lease from Phillip Evans to M.J. Grimm and R. J. Johnson? MOTION AND VOTE: Walker moved to recommend to Council assignment of security Lease for Lot 2, BI 5, CIIAP. Glick seconded. Bryson Pierce Glick Goecke McComsey Werner-Quade Walker YES YES YES YES YES YES YES Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 5 c. Resolution PZ 93-47 Providing for a change in KMC 14.25.070 Modifications Harvey reported that this change was needed because the present ordinance references a "Planning Specialist". This job title no longer exists within the city. The reference would be changed to "Building Official". Bryson introduced the new Building Official, Bob Springer. MOTION AND VOTE: Walker moved approval of Resolution PZ 93-47: Providing for a change in KMC 14.25.070 Modifications. Glick seconded. Bryson Pierce Glick Goecke McComsey Werner-Quade Walker YES YES YES YES YES YES YES 7. OLD BUSINESS None. 8. CODE ENFORCEMENT ITEMS None. 9. REPORTS a. City Council Duane Bannock reported that Council will be reconsidering the TSH Zone ordinance, size, Land Use Table, and Landscaping Ordinance. He urged P&Z to contact Council members and let them know their feelings and talk with the people who expressed concerns about the TSH zone before the December 15th meeting. Council will be advertising for members for an Historic Preservation Board. The City of Kenai is still looking for quantities of good water and are looking into several areas within the City. The Council discussed Grant Place. A family lives in the middle of that block which is not seared by city water and sewer. There septic system is failing and they wish to hook into the city system which would be very expensive. Council kinda said to dig their own hole and hook into the system. Bannock thought this was wrong. Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 6 b. Borough Planning Bryson reported that there were no items specific to Kenai. All items were approved except a vacation of a section line in Smokyhill S/D (Ninilchik). c. Administration -None 10. PERSONS PRESENT NOT SCHEDULED None. 11. INFORMATION ITEMS None. 12. COMMISSION COMMENTS & QUESTIONS Werner-Quade asked if the Historic Preservation Board is the same as the Townsite Historic Task Force? Bannock said that this is totally different from the Townsite Historic Task Force, some members of that group may be contacted to serve on the new Board. 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:10 p.m. Respectfully Transcribed and Submitted, ~ - r tta Harvey, A inistrative Assistant Kenai Planning & Zoning Commission November 10, 1993 -Meeting Page 7 STAFF REPORT To: Planning & Zoning Commission ResparPZ9By48LH Date: November 15, 1993 GENERAL INFORMATION Applicant: Curtis D. Fisher 640 Tern Place P.O. Box 157 Kenai, Alaska 99611 Requested Action: Legal Description: Existing Zoning: Current Land Use: Encroachment Permit Lot 5, Block 2, Sungate Park S/D Rural Residential Low Density Residential ANALYSIS Encroachment definitions: "any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table." Development Requirements Table lists the sideyard setback in the Rural Residential (RR) Zone as 15 ft. As indicated on the attached as-built, the well is located at 8.7 ft, and a portion of the home is located approximately 10 ft. from the side property line. RECOMMENDATIONS The City has no problem with the encroachments as they presently exist. Recommend approval. ATTACHMENTS 1. Resolution PZ 93-48 2. Encroachment Permit 3. As-built CITY OF KENAI PLANNING & ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ 93-48 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: Curtis D. Fisher LOCATED: 640 Tern Place Lot 5, Blk 2, Sungate Park S/D BY: WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on November 12 1993 2. This request is on land zoned Rural Residential (RR) 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 ~Tr,~~amhc?r 24, 1993 1993. 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 this 24th day of November 1993. ATTEST: Planning Secretary CHAIRPERSON c:\wp51\PZ\encroach _ 9791-1999 CITY 4F KENAI 21D 1=1DALG0 KENAI, ALASKA 99611 TELEPHONE 298 - 7535 FAX 907-283-3Q14 APPLIC,t~TI~N FQR ENCR(~AC~IVIENT PE1~I'T Section 14,20.1$5 of the Kenai Municipal Code outlines regulations for .Encroachment Pexmits which is the relaxation of the Development Requirements 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 following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE 8LA1~K9 AND INITIAL THE SPACE AFTER TFIE ITEM NUMBER TO YI~DTCATE THAT Y4U HAYE READ AND UNDERSTAND THESE CONDITIONS. 1.~~ An ncroachment means any abject ar structure ak~ave or below ground and constructed ar located in a manner other ~.~ than set forth in the Development Requirements Table. 2. ~~_ Provide a site plan of the property including location of all existing buildings, rights-af-way ar easements, setbacks, elevations, and any data pertinent to the application. 3. ~ A Public Notification and Hearing is required before the issuance o£ this permit. A $100.00 non-refundable deposit/advertising fee is required to saver these notification costs. (Please see attached procedure sheet) A D D I T I O N A L C O M M E I~~ T S Signature of Applicant: R ~i'I"!'~~, ~t~~ '~~ 1t~1:4~'AP~1 ~~IT'~r' i~~F E:Ef'JHI 9t1~' ~~~~ =~=~14 IiENAI MUNICIPAL CQDE F~ • _ _ 14.24.185 Encroach ent Permit: (a) Def~.nitions. "Encroachmex~t}~ means any abject or structure above or below ground and constructed ar located in a manner other than set forth in the Development Requirements Table. (b} Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A fee of $100 shall be paid to the City of Kenai dt the time the permit application is filed. {1) The application shall contain the following: [A] A legal description of the property involved. [~] Plans showing the location of all existing buildings, rights~of-way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in Subsections (1) through (4) of this section have been found tv exist before issuing an encroachment perm~.t. (~.) An encroachment as defined in KMC 14.20.155(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right~of-way ar utility easement. (3) The issuance of the encroachment of the encroachment permit will not eutharize 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. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (fj Unauthorised Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, ar by personal service, explaining the violation and allowing twenty days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or abject; or, the expiration of~ the useful life of the building, structure, or object, whichever come first. {h) Right to Appeal. Any revocation, suspension, or denial of an encroachment permit by the Planning Commission may' be appealed to the City Council by filing a written notice of appeal with the clerk and stating the grounds for such appeal. The appeal. notice shall be filed within thirty days after the effective date of the revocation, suspension, ar denial of the request for the encroachment permit, All notices of appeal must comply with Section 14.20.280. (ord. 1186) 14-39 & 14-40 /• .r - v 0v ~ I S b9°00'E. 153.28' 3 ~ -- - - Lii ~ ~ m It~lo' uTll-ITY EASEMENT Q' N I ~ h ~ ~~~-10'x10' AhICHOP EASEMENT ~ , N VENT ~ / ~ PIPE o , „O' STORAGE i2.o /,0~-.0-~ _ , 69.8 ~ / BARN 9 8b• 3 20' BUILD11J6 3 / sEr~cr; ~-- hP APPROX . CP.T 101.1 ~ / OF DRIV AY ~• SEE ~ / pETAtt. \q6, ~ / ~%~ e R ° 60.35' I~ ~ I1V~ p~~ ~ ~ 1N 2 .9' caa' ~ WEl..1.. N S b9°49' E q .Z. 17.77' LtiT 4 I HOUSE DETAIL. ~ 1 SCALE I" = ZO' 3 ~P 0 t` N V~ Li~T II ~ti LiJ i J T E R N P L A C E •:ti - CC ~,": f "~~•,~ y ~ t~~..•oe..e...•.•e ~flt~_ ~~ 'iC~~ ~ ~ ° 49*~° __ ~ ~ ~W_... F ORO E. EAKEfi << No. LS-5152 '•:\~ .< „~ f ^ .... ','.. LOT SURVEY CERTIFICATION iT 5 BLOCK 2 TRACT SIJNGATE PARK SUED. KENAI RECORDING DISTRICT K-Ib91 GEND Brass Cap Mon. O Rebar/Pipe (Found) Found) Rebar ~5 x 30"(Set this survey) Owner: e ~ MARCH 1965 raven: WAL.I.IS _ le: I"=40' ~ •0•~ 2116 •B•~ 85-t ~ WL /NG - R/CE ~ ASSOC/AYES BOX /9.74, SOLDOTNA, ALASKA -r•~e~ccpc ~~'~ • 9n// .SURVEYORS As-Built Certificate: II hereby certify that I have surveyed the following described property: LOT 5 BLK 2 SUNGATE PARK SUED. and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the owner to determine the existence of any ease- ments,covenants,or restrictions which do not appear on the recorded subdivi- sion p1at.Under no circumstances should any data hereon be used for constructia or for establishing boundary or fence lines. v M 1 ~ o a = p v -' Q m t N p, Y " 0 ~ a `o Q m ~. ~ W a e H 'm m` Q w a C~Y~o Z m Y Y M w e O. W t') e ~ L m I 3 0 z u 0 fi Y 3~d Na31 ~ ou e ~ 3 ; t y y M y V a E 2 2 e ~ u o m a° Y ` M ~ O ~ a M M O ~ M M M M a -W' 0 2 0 r~ O 3V w :.J a' + CITY OF KENAI BICENTENNIAL yi~aye -a~istG'c~y cud~a ~u c ~e! 210FIDALGO, SUITE200 KENAI AK 99611-7794 (907)28_?-79.?.? Fax 28_?-.?014 PUBLIC HEARING NOTICE A public hearing on an Encroachment Permit under KMC 14.20.185 has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, November 24, 1993, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by Curtis D. Fisher, and is for property described as Lot 5, Blk 2, Sungate Park S/D, (640 Tern Place). Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 9961 1-7794, prior to November 24th. For more information please contact the Planning Department at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY ~ qa AGENDA RENAI CITY COIINCIL - REGIILAR MEETING NODEMBER 17, 1993 7200 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. Bill Coghill, Mikunda, Cottrell & Co. - City of Kenai Financial Statement. ~°' '~ ~ Jeanne Berger, Renai Health Center - Support of Their ~ Request to Move to Old Courthouse Building. dr, GG~ ~~~ C. PIIBLIC HEARINGS ~~ f~, 1. Ordinance No. 1573-93 - Increasing Estimated Revenues and Appropriations by $250,000 in the Water and Sewer Fund for Spur Highway Water and Sewer Crossings. 2. Resolution No. 93-87 - Urging the Alaska Legislature to ~~~~ ~' Place a Constitutional Amendment Related to the Alaska Permanent Fund on the Ballot for the Next General Election. 3. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Chamber of Commerce. 4. *1994 Games of Chance and Contests of Skill Permit Application - Peninsula Lodge #1942 Loyal Order of Moose. 5. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Visitors & Convention Bureau, Inc. -1- a 6. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Peninsula Central Labor Council. 7. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Elks #2425. 8. *1994 Games of Chance and Contests of Skill Monte Carlo Permit Application - Kenai Chamber of Commerce. 9. *1994 Games of Chance and Contests of Skill Permit Application - Our Lady of the Angels Catholic Church. 10. *1994 Games of Chance and Contests of Skill Permit Application - Peninsula Oilers Booster Club. 11. *1994 Games of Chance and Contests of Skill Permit Application - Peninsula Oilers Baseball Club, Inc. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of November 3, 1993. F. 1. *11/1/93 Thank-you Letter from Valerie DeFrance, Hope/Sunrise Emergency Medical Services, Inc. G. OLD BII8INE88 H. NEW BIISINE88 4.~D~Od~ 1. Bills to be Paid, Bills to be Ratified ~~O~p~, 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1574-93 - Amending the Kenai Municipal Code Section 14.25.070 Entitled, "Modifications." -2- 4. *Ordinance No. 1575-93 - Amending KMC 22.050.040(c) to Clarify Lessees' Right to negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Making Substantial Developments. 5. *Ordinance No. 1576-93 - Finding Airport Land, Described as the Southern 4.7 Acre Portion of Tract B, Baron Park Subdivision No. 5 (as Shown on the Attached Map), is Not Required for Public Use and May Be Sold, Providing a Deed of Release is Obtained From the Federal Aviation Administration (FAA). Dr/ee~ 6. Approval - Security Assignment of Lease - Lot 2, Block 5, Cook Inlet Industrial Air Park/Phillip Evans to M.J. Grimm and R.J. Johnson. I. ADMINIBTRATION REPORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT J'~e%~-rt~~' ~ i3. ~. G~.:~- Nv. zv, ~ /~ ~s~r-o ~ ~r~,. Gc~, '~~~~d~i`"- x".20. .~ ~ ~v/8 l~~~u-r'~ Lo ~~ /may ~ ~6 A,y/.di ~''Zi~h Pi ~ho~~~ -3- PLANNING AND ZONING COMMISSION MEETING DATE fl9_ ~~ G~ Q~i ROLL CALL '~ERESA WERNER-QUADE ., 1 1 Charlie Piercep 2 2 Carl Glick 3 3 Ron Goecke ~ 4 Lori McComsey 5 Kevin Walkers 6 Phil Bryson* Councilman Smalley A *Last Vote TO DO LISTS