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Home My WebLink About2014-05-28 Planning & Zoning PacketPUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Iss: Becky Thomas being first duly i sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the P&Z Agenda a printed copy of which is hereto annexed w published in said paper one each and every day for One successive and consecutive day in the issues on the following dates: May 26, 2014 SUBSCRI ED AND SWORN to me before th' 29th da of May(�� 2014 fn*�. D 11 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27-Aug-16 CITY OF KENAI _ PLANNING & ZONING COMMISSION AGENDA May 28, 2014 - 7:00 P.M. http://www.ci.kenal.ak.0 s Work Session from 6:00 to 7:00 p.m. Airports as Conditional Uses in Industrial and Commercial Zones 1. 2. SCHEDULED PUBLIC COMMENT: CONSIDERATION OF PLATS: a. PZ14-13 Preliminary Subdivision Plat — Kenai Townsite 2014 Addition (A subdivision of Lot 3A, Block 1, Kenai Townsite ACS Replat Amended, submitted by Integrity Surveys, Inc. PUBLIC HEARINGS: a. PZ 14-08 Resolution of the Planning and Zoning Commission recommending to the Council the enactment of KMC 14.20.172 establishing a process for the regulation of Group Care Facilities within the City of Kenai b. PZ14-10 Resolution of the Planning & Zoning Commission recommending to the Council the enactment of KMC14.20.172 establishing a process for the regulation of Emergency Shelter Facilities within the City of Kenai c. PZ14-11 — Application for Variance Permit for a front setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by ABC Pregnancy Care Center, 508 S.Willow, Suite B, Kenai, AK 99611 d. PZ14-12 — Application for Variance Permit for a side yard setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by Glacier State Telephone Company, 600 Telephone Ave., Anchorage, AK 99503 UNFINISHED BUSINESS: None NEW BUSINESS: None Wilma Anderson Planning & Zoning Administration Publish: May 26, 2014 D240/211 ARION(l` PO Box 3009, Kenai, AK 99611 - (907) 283-7551 - Fax (907) 283-3299 City of Kenai Accounts Payable 201 Fidalgo Kenai, AK 99611 Date 05/26/14 Display P&Z Agenda �\ ,r1GE UEA� JUN S 6 1014 RFcE��o Total Due Invoice D240/211 PO# % 9'9 Quanity I Total 11.5 1 140.30 Please include invoice and account numbers on all correspondence $140.30 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA. Iss: Becky Thomas being first du15 sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Public Heariniz a printed copy of which is hereto annexed v published in said paper one each and every daY for two successive and consecutive days n the issues on the following dates: May 19 & 21, 2014 JAL,, jjWrtoe"o— SUBSCRI ED AND SWORN to me before 23rd May 2014 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires .27-Aug-16 CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE 210 FIDALGO AVENUE KENAI, ALASKA 99611-7794 hftp://www.cl.kenal.ak.us The following public hearings have been scheduled for the Planning and Zoning Commission meeting of May 28, 2014: a. PZ 14-08 Resolution of the Planning and Zoning Commission recommending to the Council the enactment of KMC 14.20.172 establishing a process for the regulation of Group Care Facilities within the City of Kenai b. PZ14-10 Resolution of the Planning & Zoning Commission recommending to the Council the enactment of KMC14.20.172 establishing a process for the regulation of Emergency Shelter Facilities within the City of Kenai c. PZ14-13 Preliminary Subdivision Plat — Kenai Townsite 2014 Addition (A subdivision of Lot 3A, Block 1, Kenai Townsite ACS Replat Amended, submitted by Integrity Surveys, Inc. d. PZ14-11 — Application for Variance Permit for a front setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by ABC Pregnancy Care Center, 508 S.Willow, Suite B, Kenai, AK 99611 e. PZ14-12 — Application for Variance Permit for a side yard setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by Glacier. State Telephone Company, 600 Telephone Ave., Anchorage, AK 99503 The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. For more information please contact Wilma Anderson at 283-8237. Wilma Anderson Planning & Zoning Administration Publish: May 19 & 21, 2014 D229/211 a COMMISSION CHAIR REPORT May 28, 2014 REGULAR COMMISSION MEETING REQUESTED SUPPORTING MATERIALS ADDED TO PACKET BY: ADD: 6a Letter of support regarding PZ 14-11 Variance Permit for a front setback for the property known as 503 Frontage Road Administration 5a 6c 6d Memorandum to Planning & Zoning Commission with Resolutions PZ 14-11; PZ 14-12; and PZ 14-13 attached Administration FREEDOM REALTY 170 N. Birch Street, Suite 102 Soldotna, AK 99669 Business 907.262.1770 502 Lake Street, Suite 2 Kenai, AK 99611 Business 907.283.1690 May 21, 2014 City of Kenai Planning Committee, As a strong supporter of the ABC Pregnancy Care Center and knowing their current situation regarding their need for additional space requirements, I strongly recommend to the Planning Commission that they do consider allowing a Variance Permit for the 503 Frontage Street location. I understand that they are also planning to upgrade and remodel the store front as well as making many improvements to the interior, all of which will contribute to a much needed and improved appearance both inside and out. Thank you, Fred Braun Q Each office is independently owned and operated Village with a Past C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-2 -7 - p 83 535 /FAX. 907-283 3014 I I I I ttiealyof� 1992 V MEMORANDUM: TO: Planning and Zoning Commission FROM: Francis Krizmanich, City Planner DATE: May 28, 2014 SUBJECT: ABC Pregnancy Center Resolutions The staff made some changes to the proposed resolutions for the ABC Pregnancy Center subdivision and variance applications to clarify the approvals. The changes are described below: 1. The proposed Resolution PZ14-11 for the front yard setback variance on the proposed Lot 3A-2, Block 1, Kenai Townsite 2014 Addition, has been changed as follows: a. Change the first sentence to read: A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A 13 FOOT FRONT YARD SETBACK VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW A 7 FOOT FRONT YARD SETBACK IN THE AREA SHOWN ON THE ATTACHED PLAN. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE. b. Change the location to read: PROPERTY LOCATION: 503 FRONTAGE RD., THAT PORTION OF LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT SHOWN AS LOT 3A-2, BLOCK 1, ON PRELIMINARY PLAT OF KENAI TOWNSITE 2014 ADDITION. c. Change finding number 3 to: Parent Borough Parcel No. 04711114. d. Change finding 8 to: Applicant must complete the purchase of the real property. e. Change finding number 9 to: The property owner must complete the replat of Lot 3A, Block 1, Kenai Townsite ACS Replat. f. Change finding number 10 to: The variance is for the front setback on the portion of the property as shown on the attached plan. Any new structures or additions will be required to meet the zone district setbacks unless a new variance is granted. 2. The proposed Resolution PZ14-12 for the east side yard setback variance on the proposed Lot 3A-1, Block 1, Kenai Townsite 2014 Addition, has been changed as follows: a. Change the first sentence to read: A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A 5 FOOT EAST SIDE YARD VARIANCE WHERE 10 FEET IS REQUIRED TO ALLOW A 5 FOOT EAST SIDE YARD SETBACK FOR THE EXISTING BUILDING. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE. b. Change the location to read: PROPERTY LOCATION: 503 FRONTAGE RD., THAT PORTION OF LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT SHOWN AS LOT 3A-1, BLOCK 1, ON PRELIMINARY PLAT OF KENAI TOWNSITE 2014 ADDITION. c. Change finding number 3 to: Parent Borough Parcel number 04711114. d. Change finding number 7 to: Applicant must complete the replat of Lot 3A, Block 1, Kenai Townsite ACS Replat. c. Change finding number 8 to: This variance is for the existing ACS building only. Any new structures or additions on proposed Lot 3A-1, Block 1, Kenai Townsite 2014 Addition, will be required to meet the zone district setbacks unless a new variance is granted. 3. The subdivision plat resolution PZ14-13, findings 8 and 9 should be replaced with: 8.The proposed subdivision, Kenai Townsite 2014 Addition, creates a nonconforming east side yard setback for the existing building on the proposed Lot 3A-1. A 5 foot variance for the east side yard setback is required prior to approval of the subdivision because of the new encroachment that will be created there as a result of the subdivision. The reference to the front yard setback variance is not necessary for the subdivision approval and should be deleted. " C'a e with a Paso with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 `- — www.ci.kenai.ak.us the cityW CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-11 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A 13 FOOT FRONT YARD SETBACK VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW A 7 FOOT FRONT YARD SETBACK IN THE AREA SHOWN ON THE ATTACHED PLAN. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANT'S NAME AND ADDRESS WILLOW ST., SUITE B, KENAI, AK 99611 ABC PREGNANCY CARE CENTER, 508 S. PROPERTY LOCATION: 503 FRONTAGE RD., THAT PORTION OF LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT SHOWN AS LOT 3A-2, BLOCK 1, ON PRELIMINARY PLAT OF KENAI TOWNSITE 2014 ADDITION WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on May 7, 2014; 2. This request is located on land zoned as Central Commercial Zone 3, Parent Borough Parcel No: 04711114 4. That the applicant seeks a variance that reduces the 20 foot building setback to seven feet along the property fronting Frontage Rd. 5. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. C. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non -conforming land uses or structures within the same land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on May 28, 2014. 7. Applicant must comply with all Federal, State, and local regulations. 8. Applicant must complete the purchase of the real property. 9. The owner of Lot 3A, Block 1, must complete the replat of Lot 3A, Block 1, KENAI TOWNSITE ACS REPLAT. 10. The variance is for the front setback on the portion of the property as shown on the attached plan. Any new structures or additions will be required to meet the zone district setbacks unless a new variance is granted. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON TH S T" DA OF MAY, 2014. CHAIRPERSON: ATTEST: j 60866 XV '3OVWOHONV 3AV 3NOHd3131009 SW3ISAS 6NOIIVOIN(1WWO0 VNSVIV IVN351'OVON 3OV1NONA CM SISAIVNV ON10ma SOV 1NVOVA SNIISIX3 n � 211HO21V v a3anvi� b !® 43 - ----- r,•s o I 1 I 1 II 1 1 11 I I I b 11 jj r 11 I 1 IIL..JJJ 1 1 \` I 1 1 1 I I I I I L,J I 1 1 INI I I IN I 1 - -------------------- f�-------------------- I N— - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - I _ - H _..._J._ -.- ___. ____ `I 10 I I I I I I I 1 I I I I I 1 1 � 1 1 1 1 1 I 1 1 I � I `\ 1 I I I. 1 1 I 1 � I 1 I I g 1 I I 1 1 I I � I I I I 18 � 1 s Z sF 0. w§ zx .Ut u 31V], Y/I 03110YJ I'YJMIi SY •1lY]i �+.Y'Vulh CY11 iVJ ""Vil la e with a Past C# wit% a Future, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -`� Telephone: 907-283-7535 / Fax: 907-283-3014 =" www.ci.kenai.ak.us \Ike u� V CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-12 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A FIVE FOOT EAST SIDE YARD VARIANCE WHERE TEN FEET 1S REQUIRED TO ALLOW A FIVE FOOT EAST SIDE YARD SETBACK FOR THE EXISTING BUILDING. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANT'S NAME AND ADDRESS: GLACIER STATE TELEPHONE COMPANY, 600 TELEPHONE AVE., ANCHORAGE, AK 99503 PROPERTY LOCATION: 503 FRONTAGE RD., THAT PORTION OF LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT SHOWN AS LOT 3A-1, BLOCK 1, ON PRELIMINARY PLAT OF KENAI TOWNSITE 2014 ADDITION WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on May 8, 2014; 2. This request is located on land zoned as Central Commercial Zone 3. Parent Borough Parcel No: 04711114 4. That the applicant seeks a variance from the specified requirement of the Zoning code for a ten foot side yard variance to a five foot side yard variance. 5. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non -conforming land uses or structures within the same land use or zoning district. 5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on May 28, 2014. 6. Applicant must comply with all Federal, State, and local regulations. 7. Appicant must complete the replat of Lot 3A, Block 1, KENAI TOWNSITE ACS REPLAT. 8. This variance is for the existing ACS building only. Any new structures or additions on proposed Lot 3A-1, Block 1, KENAI TOWNSITE 2014 ADDITION, will be required to meet the zone district setbacks unless a new variance is granted. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 2 T" DAY("AY, 2014. CHAIRPERSON: ATTEST: CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-13 SUBDIVISION PLAT KENAI,ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KENAI TOWNSITE 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on May 8, 2014, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Central Commercial (CC) and therefore subject to said zone conditions. 2. Water and sewer: Available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. The City of Kenai considers the buildings located on the property to be legal nonconforming structures because they were constructed prior to current setback requirements. 8. The proposed subdivision, KENAI TOWNSITE 2014 ADDITION, creates a nonconforming east side yard setback for the existing building on the proposed Lot 3A-1. A five foot variance on the east side yard setback is required prior to approval of the subdivision because of the new encroachment that will be created there as a result of the subdivision. 9. Street names designated on the plat are correct. CONTINGENCIES: a. Prior to any occupancy of the building on proposed Lot 3A-2, Block 1, KENAI TOWNSITE 2014 ADDITION, the building shall be brought into compliance with the City of Kenai building codes. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KENAI TOWNSITE 2014 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OIL 28T" DAY OF MAY, 2014. CHAT ATTE CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 28, 2014 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda C. *Excused Absences ➢ Nate Kiel *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: a. *May 14, 2014 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: a. PZ14-13 Preliminary Subdivision Plat — Kenai Townsite 2014 Addition (A subdivision of Lot 3A, Block 1, Kenai Townsite ACS Replat Amended, submitted by Integrity Surveys, Inc. 6. PUBLIC HEARINGS: a. PZ 14-08 Resolution of the Planning and Zoning Commission recommending to the Council the enactment of KMC 14.20.172 establishing a process for the regulation of Group Care Facilities within the City of Kenai b. PZ14-10 Resolution of the Planning & Zoning Commission recommending to the Council the enactment of KMC14.20.172 establishing a process for the regulation of Emergency Shelter Facilities within the City of Kenai c. PZ14-11 — Application for Variance Permit for a front setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by ABC Pregnancy Care Center, 508 S.Willow, Suite B, Kenai, AK 99611 d. PZ14-12 — Application for Variance Permit for a side yard setback variance for the property known as 503 Frontage Rd., Lot 3A, Block 1, Kenai Townsite ASC Replat. Submitted by Glacier State Telephone Company, 600 Telephone Ave., Anchorage, AK 99503 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council b. Borough Planning c. Administration 11.PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12.INFORMATIONAL ITEMS: 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 11, 2014 14. COMMISSION COMMENTS & QUESTIONS: 15.ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 14, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, D. Fikes, G. Pettey, H. Knackstedt, N. Kiel (telephonic), P. Bryson, K. Peterson Staff/Council Liaison present: Council Member T. Navarre, City Planner F. Krizmanich, City Clerk S. Modigh, Planning Assistant W. Anderson. A quorum was present. c. Agenda Approval MOTION: Commissioner Knackstedt MOVED to approve the agenda and Commissioner Fikes SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Pettey SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences — None *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: April 23, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None 6. PUBLIC HEARINGS: a. PZ14-07 —Application for Amendment to Conditional Use Permit PZ13-14 —Cabin Rentals for the property known as 810 Childs Ave, US Survey 678 Amended. Submitted by Port of Kenai, LLC, 2404 Boyer Ave. E, Seattle, WA 98112. City Planner Krizmanich reviewed the staff report included in the packet dated May 14, 2014. Planning recommended approval with the following requirements: • DEC approval for additional demand on existing onsite water system. • Building permits must be obtained for dedicated wash facility and cabins. • Dedicated wash facility must be installed and operational prior to cabins receiving a Certificate of Occupancy. • Applicant must comply with all City, State and Federal regulations. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-07, Application for Amendment to Conditional Use Permit PZ13-14 — Cabin Rentals for the property known as 810 Childs Ave, US Survey 678 Amended. Submitted by Port of Kenai, LLC, 2404 Boyer Ave. E, Seattle, WA 98112 with the requirements outlined by the Planning Department. Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing, there being no one wishing to speak, public hearing was closed. Commissioner Peterson and Knackstedt spoke in favor. MOTION: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-07, whereas 4.(a) to read as follows, " DEC approval for additional demand on existing water system, and sewer collection system." Commissioner Fikes SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 2 VOTE ON AMENDMENT: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait advised of the 15 day appeal time frame. b. PZ14-09 — Resolution to City Council requesting adoption of Kenai Business Improvement Program (KBIP) City Planner Krizmanich reviewed his memorandum included in the packet dated May 7, 2014 and recommended approval. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-09, Resolution to City Council requesting adoption of Kenai Business Improvement Program (KBIP) Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing, there being no one wishing to speak, public hearing was closed. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Amending the Commissioner's order of business to include an additional public comments on the agenda following "REPORTS". PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 3 MOTION: Commissioner Knackstedt MOVED to amend the Commission's order of business to include "Public Comments" on the agenda following Reports for a three minute period. Commissioner Kiel SECONDED the motion. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None 10. REPORTS: a. City Council — reviewed the Action Agenda for the May 7tn Council Meeting noting the Council moving forward with the Bluff Erosion Project, advised of the new regulations adopted on the beach, and reported on his plan to request funds in the planning budget for commission travel. b. Borough Planning — no report. c. Administration — no report. 11. INFORMATIONAL ITEMS: a. Memo from City Planner pertaining to Airports in Industrial Zones Krizmanich advised he would confer with the City Attorney, City Manager and Airport Director on how to proceed. 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 28, 2014 Commissioner Kiel advised he will be absent for the meeting. 13. COMMISSION COMMENTS & QUESTIONS: Commissioner Kiel thanked the body for being able to participate telephonically. Commissioner Knackstedt reminded of the Beaver Loop Project Meeting at City Hall on May 15tn 14. ADJOURNMENT: PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 4 There being no further business before the Commission, the meeting was adjourned at 7:33 P. M. Minut?s,prepared and submitted by: 'XI � W dL Sandi odigh, C City Clerk PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 5 i CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 14, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, D. Fikes, G. Pettey, H. Knackstedt, N. Kiel (telephonic), P. Bryson, K. Peterson Staff/Council Liaison present: Council Member T. Navarre, City Planner F. Krizmanich, City Clerk S. Modigh, Planning Assistant W. Anderson. A quorum was present. c. Agenda Approval ' MOTION: Commissioner Knackstedt MOVED to approve the agenda and Commissioner Fikes SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Pettey SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences — None *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: April 23, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None 6. PUBLIC HEARINGS: a. PZ14-07 —Application for Amendment to Conditional Use Permit PZ13-14 —Cabin Rentals for the property known as 810 Childs Ave, US Survey 678 Amended. Submitted by Port of Kenai, LLC, 2404 Boyer Ave. E, Seattle, WA 98112. City Planner Krizmanich reviewed the staff report included in the packet dated May 14, 2014. Planning recommended approval with the following requirements: • DEC approval for additional demand on existing onsite water system. • Building permits must be obtained for dedicated wash facility and cabins. • Dedicated wash facility must be installed and operational prior to cabins receiving a Certificate of Occupancy. • Applicant must comply with all City, State and Federal regulations. Commissioner Knackstedt MOVED to approve Resolution No. PZ14-07, Application for Amendment to Conditional Use Permit PZ13-14 - Cabin Rentals for the property known as 810 Childs Ave, US Survey 678 Amended. Submitted by Port of Kenai, LLC, 2404 Boyer Ave. E, Seattle, WA 98112 with the requirements outlined by the Planning Department. Commissioner Peterson SECONDED the motion. Chairman'Twait opened the public hearing, there being no one wishing to speak, public hearing was closed. Commissioner Peterson and Knackstedt spoke in favor. MOTION: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-07, whereas 4.(a) to read as follows, " DEC approval for additional demand on existing water system, and sewer collection system."Commissioner Fikes SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 2 VOTE ON AMENDMENT: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait advised of the 15 day appeal time frame. b. PZ14-09 — Resolution to City Council requesting adoption of Kenai Business Improvement Program (KBIP) City Planner Krizmanich reviewed his memorandum included in the packet dated May 7, 2014 and recommended approval. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-09, Resolution to City Council requesting adoption of Kenai Business Improvement Program (KBIP) Commissioner Fikes SECONDED the motion. Chairman Twait opened the,public hearing, there being no one wishing to speak, public hearing was closed. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Amending the Commissioner's order of business to include an additional public comments on the agenda following "REPORTS". PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 3 MOTION: Commissioner Knackstedt MOVED to amend the Commission's order of business to include "Public Comments" on the agenda following Reports for a three minute period. Commissioner Kiel SECONDED the motion. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Kiel, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None 10. REPORTS: a. City Council — reviewed the Action Agenda for the May 71h Council Meeting noting the Council moving forward with the Bluff, Erosion Project, advised of the new regulations adopted on the beach, and reported on, his plan to request funds in the planning budget for commission travel. b. Borough Planning — no report. c. Administration — no report.. 11. INFORMATIONAL ITEMS: a. Memo from City Planner pertaining to Airports in Industrial Zones Krizma ich advised he would confer with the City Attorney, City Manager and Airport Director on how to proceed. 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 28 , 2014 Commissioner Kiel advised he will be absent for the meeting. 13. COMMISSION COMMENTS & QUESTIONS: Commissioner Kiel thanked the body for being able to participate telephonically. Commissioner Knackstedt reminded of the Beaver Loop Project Meeting at City Hall on May 15tn 14. ADJOURNMENT: PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 4 There being no further business before the Commission, the meeting was adjourned at 7:33 p. M. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk PLANNING AND ZONING COMMISSION MEETING May 14, 2014 Page 5 THIS PAGE INTENTIONALLY LEFT BLANK STAFF REPORT To: Planning & Zoning Commission Date: May 28, 2014 Res: PZ14-13 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 283-9047 820 Set Net Dr. Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat — Kenai Townsite 2014 Addition (A subdivision of Lot 3A, Block 1, Kenai Townsite ACS Replat Amended, creating Lot 3A-1 and 3A-2, Block 1) Existing Legal Description: Proposed Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Lot 3A, Block 1, Kenai Townsite ACS Replat Amended, Plat No. 2004-30 Lots 3A-1 and 3A-2, Block 1, Kenai Townsite 2014 Addition 503 Frontage Road, Kenai, AK 99611 04711114 CC — Central Commercial Commercial Mixed Use This plat reconfigures one (1) large lot into two (2) smaller lots. The subdivision is located in the Central Commercial zone. The parcel is accessed off Frontage Road which is a maintained paved City road. Onsite water and sewer are available. An installation agreement is not required. The buildings located on the property have been there for many years. Building permits for the easterly building (currently known as ACS Engineering Building) indicate that the initial structure was constructed in 1968, and an addition was constructed in 1972. It is unclear what building setback requirements, if any, were present at the time the structure and addition were constructed. The City of Kenai considers the structures located on Lot 3A, Block 1, Kenai Townsite ACS Replat Amended to be legal nonconforming because of the encroachments onto the building setback on both side yards and a portion of the rear setback where the ACS Engineering Building is located (to become Lot 3A-2, Block 1). The proposed plat of Kenai Townsite 2014 Addition creates an encroachment onto a portion of the side yard setback between the two new lots. Glacier State PZ14-13 Staff Report Page 2 Telephone Company, through their representative, Integrity Surveys, has made application for a Variance Permit (PZ14-12) to address the encroachment. The organization purchasing the ACS Engineering Building (to become Lot 3A-2, Block 1) has made application for a Variance Permit (PZ14-11) for 13 feet along the front of the building for distance of 48 feet of the 56 feet along the building frontage. This will result in a seven foot building setback along Frontage Road. RECOMMENDATIONS Administration recommends approval of the plat with the condition that prior to any occupancy of the building located on proposed Lot 3A-2, Block 1, KENAI TOWNSITE 2014 ADDITION, the building shall be brought into compliance with the City of Kenai building codes. ATTACHMENTS: 1. Resolution No. PZ14-13 2. 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M �c T.CD - v o CD = 0 su ID Cif y C � y (D 3 i o m a 7 fD y v N S C CDy O a j O CD � can L ST 501 0o i C) I Lm o � cD c o Z v, o rz CD w tit J*L260 Tr m0 nZ� Cl)D D m O ou >Z 0 A m j CITY OF KENAI Se, PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-13 thetityut' SUBDIVISION PLAT KENAI.ALA SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KENAI TOWNSITE 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on May 8, 2014, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Central Commercial (CC) and therefore subject to said zone conditions. 2. Water and sewer: Available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. The City of Kenai considers the buildings located on the property to be legal nonconforming structures because they were constructed prior to current setback requirements. 8. Application has been made for a Variance Permit PZ14-11 for a 13 foot variance to the 20 foot front yard building set back. 9. The plat of Kenai Townsite 2014 Addition creates an encroachment onto a portion of the side yard setback between the two new lots. Glacier State Telephone Company has made application for a Variance Permit PZ14-12 for a five foot variance to the ten foot side yard building setback. 10. Street names designated on the plat are correct. CONTINGENCIES: a. Prior to any occupancy of the building on proposed Lot 3A-2, Block 1, KENAI TOWNSITE 2014 ADDITION, the building shall be brought into compliance with the City of Kenai building codes. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KENAI TOWNSITE 2014 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON 28T" DAY OF MAY, 2014. CHAIRPERSON: ATTEST: C�! r "Villaye with a Past, C# with a Future 6 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 IIII \ \fire Ga-�, o f 1992 KENAI, ALASKA tom% MEMORANDUM: TO: Planning and Zoning Commission FROM: Francis Krizmanich, City Planner DATE: May 28, 2014 SUBJECT: Group Care Facility Code Amendment, Planning and Zoning Commission Resolution No. PZ14-08 In 2013, The City Council requested that the Planning staff begin work sessions with the Planning and Zoning Commission (P&Z) to discuss "Transitional Housing" facilities in the City of Kenai. Work sessions were held from August 2013 through May of 2014. The intent of those work sessions was to create a regulatory framework to proactively address issues related to transitional housing before any new facility is developed in the City. Based on the work sessions with the P&Z, a broader definition, Group Care Facility, evolved that is more inclusive than the limited concept of Transitional Housing. The definition of "Group Care Facility" is more inclusive and therefore potentially less discriminatory than other more limited definitions. The Group Care Facility is recommended to be added as a separate code definition that broadly includes similar but separately defined uses. By creating this broad definition, the LAND USE TABLE can simply use "Group Care Facility" within the Public/Institutional section of the Land Use Table to regulate numerous similar uses. The definition for a Group Care Facility follows: A Group Care Facility is a facility which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence, Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. Definitions for all of the separate facilities contained in the above broad definition are also proposed to be added to the code. 2 The Group Care Facility is placed within the Public/ Institutional section of the Land Use Table. It is classified as a Principal Permitted Use in those zones where similar uses are permitted, and as Conditional Use or Not Permitted use consistent with other zones in each use category. The proposed code amendment also contains standards for Group Care Facilities. The Standards apply to both Principal Permitted Uses and Conditional Uses. The proposed Planning and Zoning Commission Resolution No. PZ14-08, Group Care Facilities, is attached. 0 i 7. CITY OF KENAI _ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-08 Elrecfyof GROUP CARE FACILITIES KENASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.172 ESTABLISHING A PROCESS FOR THE REGULATION OF GROUP CARE FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR GROUP CARE FACILITIES AND AMENDING 14.20.320 TO INCLUDE DEFINITIONS OF GROUP CARE FACILITIES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of group care facilities in its zoning code; and, WHEREAS, the Fair Housing Act of 1968 and as amended in 1988, prohibits Housing discrimination against certain classes of people and the manner in which local governments may regulate housing for certain groups of people; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an ordinance regulating the establishment and placement of group care facilities within the City's boundaries that is in conformance with the Fair Housing Act. NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code, of Ordinances be amended by adding a new section to be numbered KMC 14.20.171 as shown in Attachment "A" and adding 2) KMC 14.20.320(b) Specific Definitions as shown in Attachment "B" and 3) amending KMC 14.22.010 as shown in Attachment "C". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28TH day of April 2009. W CHAIRMAN A77-1 ut, YZ ATTACHMENT A 14.20.171. Group Care Facility (a) Intent: The City of Kenai may allow a Group Care Facility that insures safe and healthy living facilities for its clients. It is also the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) The City of Kenai fully intends to comply with the Fair Housing Act adopted in 1968 and as amended in 1988 or as thereafter amended, and nothing in this section shall be used or relied on to discriminate in housing within the City of Kenai based on race, color, national origin, religion, sex, familial status or disability. (c) The following standards shall apply to Group Care Facilities when allowed as a Principal Permitted Use. In addition to the considerations expressed in KMC 14.20.150, Conditional Use Permits, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for a Group Care Facility: (1) The Group Care Facility shall conform to the underlying zone district's Use Table and Development Requirements. (2) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (3) Any facility shall comply with the minimum lot area requirement for the zone in which it is located. (4) Parking shall be provided on the subject property in conformance with the "Off-street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times, 24 hours per day, 7 days per week. (6) Adequate access to sanitary and cooking or food service facilities as appropriate shall be provided. (7) A minimum of 150 square feet of private enclosed living area (a room), exclusive of dining and bath facilities shall be provided for every person residing in the facility, up to a maximum occupancy of 4 unrelated individuals per enclosed space (a room containing 600 square feet) exclusive of dining and bath facilities. (8) Adequate recreational facilities shall be provided as appropriate for the facility's client group. ATTACHMENT B KMC 14.20.320 Specific Definitions. "Boarding Home for Sheltered Care" means a facility for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. "Community Residences for the Developmentally Disabled" means a facility that provides food, shelter and personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community. These facilities normally include group homes, intermediate care facilities, and supervised apartment living arrangements. "Community Residential Home" means a facility that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, an undangerous mentally ill person, and a child. "Community Shelter for Victims of Domestic Violence" means a facility that provides food, shelter, medical care, legal assistance, personal guidance, and other services to persons who have been victims of domestic violence, including any children of such victims, and who temporarily require shelter and assistance in order to protect their physical or psychological welfare. Congregate Residence means a facility for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Group Care Facility" means a facility which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence, Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. "Transitional Care Home" means a facility in which individuals live for a short period of up to two years of time while receiving physical, social or psychological therapy and counseling to assist them in overcoming physical or emotional problems to prepare them for finding and obtaining permanent housing. ATTACHMENT C KMC 14.20.010 LAND USE TABLE PUBLIC/INSTITUTIONAL C RR RR1 IRS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Group Care Facility: N p p p p P P C C N N C C C C C 1 -3 Dwellings" Group Care Facility: N C C C C C C C C N N C C C C C 4 or more Dwellings• `Group Care Facilities, including both Principal Permitted Uses and Conditional Uses, shall comply with the standards outlined in section 14.20.171. Deleted Text Capitalized and in Brackets: PUBLIC/INSTITUTIONAL C RR RR1 IRS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU [ASSISTED LIVING] [C] [C] [C] [C] [C] [C] [C] [Cj [Cl [C] [C] [C] [C] [C] [q [C] CITY OF KENAI �N PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-10 ttiecitY l EMERGENCY SHELTER KENASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.172 ESTABLISHING A PROCESS FOR THE REGULATION OF EMERGENCY SHELTER FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR EMERGENCY SHELTERS AND AMENDING 14.20.320 TO INCLUDE A DEFINITION OF EMERGENCY SHELTER. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to enact an ordinance regulating the establishment and placement of emergency shelter facilities within the City's boundaries. NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a new section to be numbered KMC 14.20.172 and adding to KMC 14.20.320(b) Specific Definitions and amending KMC 14.22.010 as shown in Attachment "A". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28TH day of April 2009. C ! A A ES " V CHAIRMAN 6% "lVifla e with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1� ` Telephone: 907-283-7535 /FAX: 907-283-3014 ��II the --dy of 1992 V MEMORANDUM: TO: Planning and Zoning Commission FROM: Francis Krizmanich, City Planner DATE: MAY 28, 2014 SUBJECT: Emergency Shelter Code Amendment, Planning and Zoning Commission Resolution No. PZ14-10 When the Planning and Zoning Commission discussed Group Care Facilities, we concluded that a Homeless Shelter is a somewhat different but similar and necessary use that we could treat as a Conditional Use in all zone districts. HUD defines a homeless shelter as an Emergency Shelter and specifically excludes Transitional Housing from the definition of Emergency Shelter; therefore, we refer to Homeless Shelters as Emergency Shelters in this code amendment. An Emergency Shelter is any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Emergency Shelter facilities will be added as a separate code definition and land use to differentiate it from Group Care Facilities. The LAND USE TABLE will list Homeless Shelter as a Conditional Use in all zone districts under the Public/ Institutional use classification. We place Homeless Shelter in the Conditional Use section, add standards and also refer it back to the general Conditional Use Standards contained in KMC Sec 14.20.150. The proposed Planning and Zoning Commission Resolution No. PZ14-10, Emergency Shelter, is attached. ATTACHMENT A 14.20.172. Emergency Shelter (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use that provides temporary housing for indigent, needy, or homeless persons. It is the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) In addition to the considerations expressed in KMC 14.20.150, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide temporary housing. (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (4) Parking shall be provided on the subject property in conformance with the "Off-street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times during use of the facility, 24 hours per day, 7 days per week. (6) The facility must be certified by the Kenai Fire Department or Fire Marshall as suitable for a temporary emergency shelter. (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unpermitted facilities as Emergency Shelters. KMC 14.20.010 LAND USE TABLE PUBLIC/INSTITUTIONAL C RR RR1 R7RSI'RS2 RU CC CG IL IH ED R TSH LC CMU Emergency Shelter N IC C N N N N C C C C C CC C C KMC 14.20.320 Specific Definitions. Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. THIS PAGE INTENTIONALLY LEFT BLANK 6c STAFF REPORT To: Planning & Zoning Commission Date: May 28, 2014 GENERAL INFORMATION Applicant: ABC Pregnancy Care Center Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS General Information: Res: PZ14-11 Variance - Front Setback Lot 3A, Block 1, Kenai Townsite ACS Replat 503 Frontage Rd. 0471114 Central Commercial Commercial Mixed Use KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. The building is one of three separately owned buildings that are connected through common and adjoining walls resulting in essentially zero lot lines. This area is zoned for concentrated commercial development which encourages a compact group of businesses which are located close enough together to encourage walk-in business. The development requirements table provides for a 20 foot setback along Frontage Rd. and ten foot setback along the sides and rear of the property. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Building permits which were issued on the premises indicate that the initial structure was constructed in 1968, and an addition was constructed in 1972. It is unclear what building setback requirements, if any, were present at the time the structure and addition were constructed. The existing setbacks and zero lot lines have existed for years prior to the anticipated purchase of the property by ABC Pregnancy Care Center. The City of Kenai considers this to be a legal nonconforming structure. The ABC Pregnancy Care Center is seeking this variance to provide the highest use of available property by increasing square footage, improved storefront aesthetics and lighting for safer ingress and egress for clients, volunteers and all other users of the fa cility. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The issuance of the requested variance shall not change the permitted principal use within the Central Commercial Zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The variance requested is for 13 feet along the front of the building for approximately 48 feet of the 56 feet of the building frontage. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The requested variance provides the owner strategic, additional space in a manner that is compatible with the adjacent business, Dan's TV and Appliance and the principal permitted use of the Central Commercial zone. The building extension aesthetically mirrors Dan's TV and Appliance's indentation of the extended building section, improves the "storefront" image from being overshadowed by the adjacent Dan's TV and Appliance extension. The building facade aligns with the beautification goals of the city by upgrading an otherwise deteriorating building. Building Official's Comments: Plans and permits are required for any addition to the existing building. RECOMMENDATIONS Administration recommends the granting of this variance because the current conditions which exist were not created by the applicant and these conditions have been present for a number of years. Applicant's plans for the improvement of the building's fagade are consistent with the general beautification of storefronts in the city's business core. The issuance of the variance shall be conditioned upon the following: a. The completion of the purchase of the building by ABC Pregnancy Care Center; and b. The approval of the plat Kenai Townsite, 2014 Addition by the Kenai Peninsula Borough. c. The variance is for the front setback only. Any new structure will be required to meet the zone district setbacks unless a new variance is granted. ATTACHMENTS: 1. Resolution No. PZ14-11 2. Application 3. Drawings (Ao'Oca 3.5i,tG50S) ,9y'Of1; 3BUE.G05 _ — _ pans MoMm � o" 7 ,90'0ol 3.05,9G905 0 .01 uZ S lmMl PF Su.B 16.4' m�° 5• I 33 at Taco' m .z t O 40• a 5• :�3�: t � � OD 0 - IA Q iz ow + AT U N U. P p bl z F1 1 r o (,00'OD1 1 IJill m, I 1 x p Lake Street Z 281_08' (261.20') -- _-- 23(1.93' (231.09') _60' ROW m NODID'58'W 491.99' (SOOV7E 492.26) 0 fs ss$ D .a $s. •S:t m �>z--iZ IF 00 e$'°`�.c aF p A i a 'd' 4 6 e.3 Qz I li 2. Oyv�' r�a .SCi 1 y >r K ► P iS '1 + �+L 508 SO TH W r � sp GJ a ,Y L ST n 501 co {L 00 t 260 �aa 3 �o o S 7 7 S y (D .0 y' CD � 0 Tr =oCD(c3 =r A s ID a °= CD 0 p �vm"Q �.C� m o W Z CD� CA o ffm �, � m o N t� N O ?:) C =�C y O 0 cj CD mp 0 > 0 M m 0 to r,z0 "i :; A m May 9, 2014 Planning and Zoning Commissioners City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: Variance Application of the ABC Pregnancy Care Center To Whom It May Concern: I am a neighboring business close to building located at 503 Frontage Road. I support the setback variance the ABC Pregnancy Care Center submitted to the city on May 7, 2014, pertaining to this building. Sincerely, Sid Morris, Owner OLGA'S 419 Frontage Rd. Kenai, AK 99611 To whom it may concern, May 18, 2014 I am writing to notify you of my support of the ABC Crisis Pregnancy Center's upcoming changes, specifically the front setback variance. Thanks, J0 aalv-y� Joan Seaman, owner, Seaman Building SOO lake 3t. Kenai . 2834585 May S, 2014 City of Kenai Francis Krizmanich, City Planner 210 Fidalgo Ave Kenai, AK 99611 Hello Francis, I represent Dan's TV and Appliance, Inc. located at 500 Lake St Kenai which is a neighboring business to the ABC Pregnancy Care Center where we occupy an adjacent lot - Concerning the application for a variance permit KMC 14.20.180 submitted by Colleen Ward with the ABC Pregnancy Care Center to extend approx. 48 feet of the 56 foot building front an additional 13 feet into the front setback, we are in support of the plan from the details that have been given to us in a May th 7 , 2014 email from Colleen. We look forward to seeing this building storefront improved and updated. Sincerely, Scott Shelden President — Dan's TV and Appliance, Inc. calaska :rrvraIcn tUW, May 20, 2014 City of Kenai Attri: Planning and Zoning 210 Fidalgo Avenue Kenai, AK 99611 RE: 503 Frontage Road, Kenai, AK (Tax ID# 04711114) Owned by ACS of the Northland, Inc., an Alaskan corporation, successor in interest to Telephone Utilities of the Northland, Inc. formerly known as Glacier State Telephone Company TO WHOM IT MAY CONCERN: I represent the Owner (ACS) of the referenced property. ACS is currently in the process of re - platting the lot (on which two buildings are situated) and applying for a lot tine variance (between the two buildings). This cffort is being made to facilitate the sale of the Office/Warehouse building to ABC Pregnancy Clinic (ABC). ABC wishes to apply to the City of Kenai for a Setback Variance which would allow them to extend approximately 48 feet of the 56 foot building front an additional 13 feet into the front setback. ACS authorizes ABC to apply for the variance (even though they do not own the building, yet). In fact, ACS is extremely supportive of ABC's efforts to renovate and beautify this property. If you have questions or desire clarification, feel free to contact me directly. Thank you. Sincerely, Manager, Real Estate Program 907.564.1064 direct 907.529.9757 mobile ,eayle, dotynacsalaska. com 600 Telephone Ave., Anchorage, Alaska 99503 lei 907.297,3000 - fax 907.564-1329 wwww.alaskacommunications.com "'Villaye with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us Me city of WIA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-11 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANT'S NAME AND ADDRESS: ABC PREGNANCY CARE CENTER, 508 S. WILLOW ST., SUITE B, KENAI, AK 99611 PROPERTY LOCATION: 503 FRONTAGE RD., LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on May 7, 2014; 2. This request is located on land zoned as Central Commerical Zone 3. Borough Parcel No: 04711114 4. That the applicant seeks a variance from the specified requirement of the Zoning code for a 20 foot building setback along the property fronting Frontage Rd. 5. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non -conforming land uses or structures within the sale land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on May 28, 2014. 7. Applicant must comply with all Federal, State, and local regulations. 8. Applicant must complete the purchase of the real property from Glacier State Telephone Company. 9. Applicant must complete the replat of Lot 3A, Block 1, KENAI TOWNSITE 2014 ADDITION. 10. The variance is for the front setback only. Any new structures will be required to meet the zone district setbacks unless a new variance is granted. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 28T" DAY OF MAY, 2014. CHAIRPERSON: ATTEST: THIS PAGE INTENTIONALLY LEFT BLANK STAFF REPORT To: Planning & Zoning Commission Date: May 28, 2014 GENERAL INFORMATION Res: PZ 14-12 Applicant: Glacier State Telephone Company through their representative, Integrity Surveys Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANAL YSIS General Information: Variance - Side Setback Lot 3A, Block 1, Kenai Townsite ACS Replat 503 Frontage Rd. 0471114 Central Commercial Commercial Mixed Use KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. The City of Kenai development code requires a ten foot side setback from property lines. Currently, there is 17 feet between the two existing buildings. The new lot line will be five feet from the side of the westerly building and 12 feet from the easterly building. This area is zoned for concentrated commercial development which encourages a compact group of businesses. The three buildings in this area have been constructed with zero lot lines. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The buildings have been in this location for many years. Building permits for the easterly building (currently known as ACS Engineering Building) indicate that the initial structure was constructed in 1968, and an addition was constructed in 1972. It is unclear what building setback requirements, if any, were present at the time the structure and addition were constructed. The City of Kenai considers this to be a legal nonconforming structure. A variance is being requested so that the parcel can be subdivided and sold to the ABC Pregnancy Care Center. The ABC Pregnancy Care Center plans to improve the easterly building and operate their office from that building. The center will improve the building by constructing a new facade and upgrading an otherwise deteriorating building. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. If the variance is granted the use of the property will be consistent with the City of Kenai zoning regulations for the Central Commercial zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The variance is for a five foot side yard setback rather than the ten foot side yard setback requirement. The distance between the existing buildings will not change. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The requested variance will allow the best use of the land by allowing one of the existing buildings to be sold to another organization. The organization is planning on doing upgrades to the building and the building facade which are consistent with the general beautification of storefronts in the city's business core. Building Official's Comments: When this Variance Permit is approved, the existing Certificate of Occupancy for this building located on the Easterly portion of Lot 3A, Block 1, Kenai Townsite ACS Replat will be revoked and no occupancy of the building shall be allowed until Building Safety Code upgrades have been completed and a new Certificate of Occupancy has been issued by the Building Official. RECOMMENDATIONS Administration recommends the granting of this variance because the current conditions which exist were not created by the applicant and these conditions have been present for a number of years. If the variance if granted, the new owner plans improvements to the building's fagade which are consistent with the general beautification of storefronts in the city's business core. The issuance of the variance shall be conditioned upon the following: a_ The approval of the plat for Kenai Townsite, 2014 Addition by the Kenai Peninsula Borough. b. The variance is for the existing ACS building. Any new structure on Lot 3A-1, Block 1, will be required to meet the zone district setbacks unless a new variance is granted. ATTACHMENTS: 1. Resolution No. PZ14-11 2. Application 3. Drawings S L.££.SOS) .BZ'O£Z 3"St.££.SOS r ;aa�7S ioo m woo o o uI �`p1ZCm 1 cot O 8� ir y I 111 � K ��-n—�' cl J x 6o•aol 3«os.9£.SOS mmcm� 5c mo D I oo on um I$I�l1grm sm 2mCO�m m�l➢n�z 0 s >oN ➢ A m m 9 N m x r If m I xxz m iN6 �r :::::::;:, iE� 24.Y �'.,.. .;. Ago m f 0 � S mp N� mNm I y U R� N % 1 4 0 a�� z o m a: D _ 80 Aw v6 z (J M$L,££SON) - z ICJ j (,00'00l w u � � g � P +r1 I c®.a d Lake Street 261_06' (261.20') - 1 23D.93' (231.06') 60' ROW - NOO'10'56"W 491.99' (S00.07'E 492.26-) n ONr .�D c x OV .;(O D C� _ D D- o mO=mt ;pcm Op R^nN n> K vm, m zom�m�1g41 Azo om.z� £m 2m N Cm<',L m '�52.A+f�l > K Z -Z1 � C D �j 6c"ogay ampV vp$$j'm FR9>p 2,9 9Z$ Z +o11 c Pz> C yy ➢ mOA m -IOV asa m�➢GQim O-_'m7 N D>Z m > > K(� Z>Oo6:i�o0MZ o mmzaf NS�NCN$moAa$.K>H-oo(NOAN�m ��H5Na 5-0 ➢I1 Omz rS y p?�2opOD rOy�lpn so`mv> 'opi$-�b��'KA�> i$L� Dy za�ii) sD $ski K$ �m� o° o $� m >o 02 m Si>� my. ym 9mX I. oz ou><Nnw,O91 ot p(�1Vi z; K A N O➢ 9 N yy NK FSC�Z� =goK�vmo V>Sol, ,g m00~SDI�Iy� sr$nym.�mppm Des Eva O o m $ � O V • rn W Ul c D *CF) 508 S4 TH WILL ST 501 co 511 5 .ti CD 3 m -Jo o l v � CD .G N (D D CD MTr �0 0(Q 3 `G � 6-o = aCDC=F0 0 L v a •oa D o N �. � o3m�fDa i 3 N M y S CD � O O C O a fD i O w 00 N � W v k•� o N s� N •r r IL 3 n (D cn o C z C) tz N U (D 3' 260 Tr >DO �cn—a m 0 Co a * r- r, >i/)0 T m .A -- "VI'�la e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us the atv of sm CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-12 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANT'S NAME AND ADDRESS: GLACIER STATE TELEPHONE COMPANY, 600 TELEPHONE AVE., ANCHORAGE, AK 99503 PROPERTY LOCATION: 503 FRONTAGE RD., LOT 3A, BLOCK 1, KENAI TOWNSITE ACS REPLAT WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on May 8, 2014; 2. This request is located on land zoned as Central Commerical Zone 3. Borough Parcel No: 04711114 4. That the applicant seeks a variance from the specified requirement of the Zoning code for a ten foot side yard variance to a five foot side yard variance. 5. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non -conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on May 28, 2014. 6. Applicant must comply with all Federal, State, and local regulations. 7. Applicant must complete the replat of Lot 3A, Block 1, KENAI TOWNSITE 2014 ADDITION 8. This variance is for the existing ACS building. Any new structure on Lot 3A-1, Block 1, will be required to meet the zone district setbacks unless a new variance is granted. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 28T" DAY OF MAY, 2014. CHAIRPERSON: ATTEST: THIS PAGE INTENTIONALLY LEFT BLANK I4a, ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 20, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 httD://www.Ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *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 COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty (30) minutes aggregated) 1. FAILED. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 - Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least One Council Member. [Clerk's Note: At its April 2"d meeting Council postponed public hearing of this ordinance until the May 20r" meeting.] 2. POSTPONED TO AUGUST 20rH. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its April 2Id meeting Council postponed public hearing of this ordinance until the May 20P meeting.] 3. ENACTED UNANIMOUSLY. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the State of Alaska Department of Commerce Community and Economic Development for $250,000 in the Kenai Bluff Stabilization Capital Project Fund for the Kenai Bluff Erosion Control Project. 4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. 5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 - Camping, Fires, and other Activities on City Beaches, to Authorize the City Manager to Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare, and for City Maintenance of Property. 6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 - Protection of North and South Shore, and Re -Enacting it as Kenai Municipal Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand its Application and to Authorize the City Manager to Implement Restrictions on Public Entry, Access and Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the City, Subject to Change by the Council. 7. POSTPONED TO JUNE 4TH. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. 8. ADOPTED UNANIMOUSLY. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the Proposed VIP Drive Special Assessment District. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of May 7, 2014 F. UNFINISHED BUSINESS 1. ADOPTED AS AMENDED. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai Council Travel Policy, Establishing Procedures for Approval of Council Travel. [Clerk's Note: At its April 16"' meeting Council postponed the Resolution to the May 2e meeting.] G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action/Approval — Bills to be Ratified 2. APPROVED BY CONSENT AGENDA. *Action/Approval — Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. City of Kenai Council Meeting Agenda Page 2 of 4 May 20, 2014 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4rH. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4rH. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). 6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. 7. APPROVED UNANIMOUSLY. Action/Approval — Non -Objection of Liquor License Renewal for Pink Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill. 8. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and Council Confirmation of Appointing Albert Weeks to the Council on Aging. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. City of Kenai Council Meeting Agenda Page 3 of 4 May 20, 2014 N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014 Alaska State Fire Conference in September 2014. 3. Kenai River Special Management Area Advisory Board Meeting Minutes of April 10, 2014. 4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing Captain Richard "Barry" Eldridge. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. City of Kenai Council Meeting Agenda Page 4 of 4 May 20, 2014 /ab KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. May 27, 2014 Tentative Agenda MEMBERS: A. CALL TO ORDER Cindy Ecklund City of Seward B. ROLL CALL Term Expires 2014 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Rick Foster (June Only) 1. Agenda City of Homer Term Expires 2016 2. Member/Alternate Excused Absences Mari Anne Gross Southwest Borough 3. Minutes Term Expires 2014 Robert Ruffner a. May 12, 2014 Plat Committee Minutes Clam Gulch/Kasilof Term Expires 2015 D. PUBLIC COMMENT Jason Tauriainen (Items other than those appearing on the agenda. Limited to five minutes per speaker Northwest Borough unless previous arrangements are made.) Term Expires 2014 E. SUBDIVISION PLAT PUBLIC HEARINGS ALTERNATES: James Isham 1. Sprucewood Terrace Jones Addition. ...................... ..... ...... ..... ............. 1 Sterling KPB, File 2014-059 [Segesser/Jones] Term Expires 2015 Location: On Burnett Way in Soldotna area Paul Whitney City of Soldotna 2. Salamatof Air Park Kustatan Leasing Addn.........................................A6 Term Expires 2014 KPB File 2014-060 [Segesser/Brewer] Location: On Citabria Street in Nikiski (Surveyor requested Postponement) 3. Ravenwood Sub Addn. No. 8................................................................. 27 KPB File 2014-061 [Integrity/Davis] Location: On Mud Duck Avenue in Soldotna 4. Soaring Eagle Sub Phase Two ............................. ............................... 60 KPB File 2014-062 [Integrity/Foster] Location: On Forest Lane in Soldotna 5. Alaska State Land Survey No. 2014-37............................................. 76 KPB File 2014-053 [Cooper/SOA-DOT] Location: On Seward Highway in Moose Pass Moose Pass APC (Postponed from May 12, 2014) F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED 1 ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, June 9 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone:907-714-2215 Fax:907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: plan ning(a)borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept Philip Bryson Chairman Kenai City Term Expires 2016 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2015 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2016 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2016 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2016 James Isham PC Member Sterling Term Expires 2015 Harry Lockwood PC Member Ridgeway Term Expires 2016 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2015 Paul Whitney PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof/Clam Gulch Term Expires 2015 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 May 27, 2014 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered routine and non -controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request - None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval "4. Plats Granted Final Approval (20.10.040) "5. Plat Amendment Request - None *6. Utility Easement Vacations ..............I..........................1 Vacate a 5' x 5' portion of the utility easement to ............. accommodate an encroaching 2-foot septic pipe into the 15-foot easement within Lot 4B Block 6 granted by Questa Woods Estates 2013 Replat (Plat SW 2013-9); within Section 13, Township 1 North, Range 1 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2014-058. Petitioners: Victor P. Stoltz and Jackie R. Woodruff of Seward, Alaska. Location: On Brierwood Avenue in Seward Vacate the north 5-feet of the east one-half of the .................... 16 10-foot utility easement within Lot 2 of Porter Subdivision No. 2 to accommodate a building and vent pipe(s) encroachment adjacent to Dehaviland Beaver Circle. The south 5-feet and the entire west 10-feet of the utility easement will remain as originally granted by said plat (Plat KN 94-90); all lying within Section 2, Township 7 North, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough, KPB File 2014- 057. Petitioner: Lyla Rediske for Rediske Family Limited Partnership of Nikiski, Alaska. Location: On Dehaviland Beaver Circle in Nikiski Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor *7. Commissioner Excused Absences *8. Minutes a. May 12, 2014 Plat Committee Minutes b. May 12, 2014 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. All -Hazard Mitigation Plan update........................................................ 26 G. ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS 1. Porter Subdivision No. 2 Lot 2............................................................ 38 Bldg. Setback Exception KPB File 2014-057 Resolution No 2014-06 Petitioner: Lyla Rediske for Rediske Family Limited Partnership of Nikiski, Alaska. Location: On Dehaviland Beaver Circle in Nikiski J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 5 preliminary plats. K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Minutes..................................................47 - April 9, 2014 2 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, June 9, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce June 3, 2014 7:00 p.m. Cooper Landing Cooper Landing Community Hall June 4, 2014 6:00 P.M. Hope / Sunrise Hope Social Hall June 5, 2014 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: plan ning(a-)borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept THIS PAGE INTENTIONALLY LEFT BLANK