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2004-08-11 Planning & Zoning Packet
COMMISSION CHAIR REPORT AuEust 11, 2004 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: 10a Encroachment withdrawal letter City Council Report Applicant Staff May 11, 2004 Kenny Merkes PO Box 572 Sterling, Alaska 99672 394-3854 City o f Kenai Marilyn Kebschull, Planning Administration 210 Fidalgo Street Kenai, Alaska 99611 RE- PZ04-37 Encroachment Permit, Side Yard SetbaCk, 2112 Beaver Loop Road Dear Ms. Kebschull; On July 19, 2004 1 applied for an Encroachment Permit for a structure that was located on a parcel in Wild Rose Subdivision. 'The public heating was scheduled for tonight's Planning & Zoning meeting. I have removed the structure and Jack LaShot has verified the removal. I no longer required the Encroachment Permit. Sincerely, Kenny Merkes .... AGE17DA KENAI CITY COUNC~- REGULAR MEETING AUGUST 4, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenaj, ak.u s ITEM A~ CALl, TO ORDER _ 1. Hedge 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. ITEM B: SCHEDULED PUBLIC COMM~.NT~ (10 minutes) Xe Brie Dart, U.S. Fish/h Wildlife Service -- Wetlands Protection/Future Grants. . Leon (~uesnel-- KPD response. ITEM C: UNSCHEDULED PURLIC CO_.MMmNTS (3 minutes) ITEM D: REPORTS OF KPB ASS~M~-Y, L~_~ISL&TORR ~ND_ COUNC~ ITEM E: REPORTS OF KENAI CONV~-NTION & VISITORS RUI~&U BOARD AND KENAI C_l~A .M__~R OF CO~RCg'. ITEM F: PUBLIC HEARINGS Ordinance No. 2052-2004--Adopting KMC 13.40.055 to Require Minora Under Eighteen {18) Years Old to Wear a Properly Fitted and Fastened, Certified, Protective Helmet While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. (Clerk's Note: A Motion for Reconsideration was made by Council Member Moore at the July 7, 2004 Council Meeting and is on th~ tabl, for action.) Ordinance No. 2056-2004-- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. , . , e e . 10. ITEM G: ITEM H: 1. ITEM I: le . Ordinance No. 2057-2004-- Dedicating Certain City-Owned Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed for a Public Purpose. Ordinance No. 2058-2004-- Amending a Portion of the City's Minor Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's Bail Schedule. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two Four-Door Police Package Sedans for the Total Amount of $46,069.90. Resolution No. 2004-41 -- Transferring $2,694 From the General Fund Contingency to Animal Control Machinery and Equipment. Resolution No. 2004-42 -- Awarding the Bid to Great Bear Ford for an Animal Control 4x4, 3/4-Ton Pickup Truck for the Total Amount of Resolution No. 2004-43 -- Transferring $12,000 From the General Fund Contingency to Parks - Improvements Other Than Buildings to Match a U.S. Fish and Wildlife Grant. Resolution No. 2004-44 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Municipal Airport Terminal Modifications - 2004 for the Total Amount of $358,815.00. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate thc Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. MINUTES *Regular Meeting of July 21, 2004. OLD BUSINESS Discussion -- Lawton Acres/Preliminary Plat Approval -- Policy for Commissions, Committees and Boards KEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 . , ITEM J: *Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. Approval-- Agreement/Frisby Golf Course/East End Trails COMMISSION / COM_M!TT~.~. l~ ~.PORT~ , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE __MAYOR ITEM L: .ADMINISTRATION I~PORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council ,,EXECUTIVE SESSION- None Scheduled ITEM N~ ADJOURNMENT CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 11, 2004 - 7:00 p.m. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *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. e *APPROVAL OF MINUTES' a. *July 28, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS' e PUBLIC HEARINGS: a. PZ04-37 - Encroachment permit a side yard setback for the property known as Tract 7A, Wild Rose Subdivision (Lot 8, Wild Rose Subdivision, Kenai River Addition), 2122 Beaver Loop Road, Kenai, Alaska. Application submitted by Kenny Merkes, P.O. Box 572, Sterling, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS' 8. PENDING ITEMS: 9. CODE ENFORCEMENT' 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED' 12. INFORMATION ITEMS: a. PZ04-24 - Landscape/Site Plan - George & Amy Bowen, Coffee Kiosk, 300 Thompson Place b. Zoning Bulletin (7/25/04) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT- CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 28, 2004 - 7:00 p.m. 1. CALL TO ORDER: a. Swearing in of Commissioner, Jeff Twait b. Roll Call c. Agenda Approval d. Consent Agenda *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. e *APPROVAL OF MINUTES: a. *July 14, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ04-25 - Preliminary Plat- FBO Subdivision No. 8. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Reconsideration. b. PZ04-36 - Preliminary Plat- Mommsen's Subdivision Parish Replat. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ04-31- Encroachment permit for rear yard setback and side yard setback for the property described as Lot 2A, Block 4, Inlet Woods Subdivision (1545 Windward Drive), Kenai, Alaska. Application submitted by Tracy Jones, P.O. Box 2749, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ04-33 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2A Cerepa Subdivision No. 2 (1310 Kiana Lane), Kenai, Alaska. Application submitted by Rose M. Wilshuson, 1310 Kiana Lane, Kenai, Alaska. b. *PZ04-35 - An application for a Home Occupation Permit for a daycare for the property known as Lot 16, Block 6 Redoubt Terrance Subdivision Addition 7, (1531 Toyon Way), Kenai, Alaska. Application submitted by Diane Stockdale, 1531 Toyon Way, Kenai, Alaska. 8. PENDING ITEMS' 9. CODE ENFORCEMENT' 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED' 12. INFORMATION ITEMS: a. PZ04-26- Landscape/Site Plan- Snowder Chiropractic Clinic, 205 Bidarka Street b. PZ04-34- Landscape/Site Plan- Preferred Plumbing & Heating, 345 Main Street Loop c. Zoning Bulletin (7/10/04) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/~ ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 28, 2004 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. Swearing in of Commissioner, Jeff Twait City Planner Marilyn Kebschull administered the Oath of Office to Commissioner Twait. 1-b. Roll Call Members Present: Members Absent: Others Present: N. Amen; C. Glick, P. Bryson, J. Twait, B. Eldridge J. Hammelman, J. Barrett Councilman Rick Ross, City Planner Marilyn Kebschull, Department Assistant Nancy Carver, and Contract Secretary B. Roper l'c. Agenda Approval Chairman Glick requested the following changes to the agenda: ADD TO: Item 5a, Letter from David & Barbara Dickerson MOTION: Commissioner Eldridge MOVED to approve the agenda acknowledging the lay downs provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda Chairman Glick requested a change to page four, paragraph four, fourth line stating he believed it should read, ... "construction of a road with a 30 foot width, with pavement of 24 feet..." MOTION: Commissioner Bryson MOVED to approve the consent agenda with the correction to the minutes and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES- July 14, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ04-25- Preliminary Plat- FBO Subdivision No. 8. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Reconsideration. MOTION: Commissioner Eldridge MOVED to approve PZ04-25 and Commissioner Bryson SECONDED the motion. There was no discussion. VOTE: Amen Yes Barrett Absent Glick Yes Bryson Yes Twait Yes Hammelman Absent Eldridge Yes MOTION PASSED UNANIMOUSLY. 4-bo PZ04-36- Preliminary Plat- Mommsen's Subdivision Parish Replat. Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ04-36 and Commissioner Eldridge SECONDED the motion. Kebschull reported this was a replat to remove the lot line and indicated staff recommended approval after the final plat verifies there are no encroachments. VOTE: Amen Yes Barrett Absent Glick Yes Bryson Yes Twait Yes Hammelman Absent Eldridge Yes PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 2 MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PZ04-31-- Encroachment permit for rear yard setback and side yard setback for the property described as Lot 2A, Block 4, Inlet Woods Subdivision (1545 Windward Drive), Kenai, Alaska. Application submitted by Tracy Jones, P.O. Box 2749, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ04-31 and Commissioner Eldridge SECONDED the motion. Kebschull noted a lengthy comment from staff was included in packet and advised the issue was before the Commission previously. Kebschull pointed out two encroachments existed, i.e. a rear and side encroachment, and suggested the Commission consider separating the two items. Glick opened the public hearing and advised there was a three- minute limit for testimony. Verbatim Begins Mark Beauchamp, 206 Susieanna Lane, Kenai, Alaska - Thank you for the opportunity to speak to you. I'm Mark Beauchamp. I've been a resident of Kenai since 1963. I currently reside at 206 Susieanna Lane, in the new subdivision. Ah, I previously served as a member of the Zoning and Planning Commission back many years ago and during that period of time I found that the decision making was often very challenging. As a Planning and Zoning Commission, we saw them granted encroachments but based our decisions somewhat on common sense and when we did not have objection by landowners who owned land adjacent to the question in part. I do not recall ever granting a waiver for a matter of this kind when the owner objected. In this particular case, this is a major encroachment of some 15-feet on a 20-foot setback and Mr. Jones should assume the responsibility of making certain that his shed was in place properly before placing it there. I ah, visited this site last year when Mr. and Mrs. Dickerson took me out and showed me and told me of their plans to build and at that time there was no shed there at that time. Basically it was under construction at the present time. They were very excited about building. Consequently, now they are looking at the possible encroachment which would affect their property values and as we all would like to have our property values appreciate, there's no question in my mind that this would be detrimental to the appreciation of their property and would jeopardize it. This matter seems to me to be very basic and PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 3 very simple; there is an encroachment, it is a major encroachment and should not be granted. Mr. Jones should assume responsibility to make sure that it was in the proper place and I note that the staff has recommended against granting this waiver of encroachment and I respectfully request that you consider the matter of Mr. and Mrs. Dickerson moving in to their lots and building there. Those should not be treated as vacant lots, that is their future home and I respectfully ask that you deny Mr. Jones' request in this case. Thank you for letting me up here before you. Glick asked if there were any questions of Mr. Beauchamp; there were none. David Dickerson, 1508 Fathom Drive, Kenai, Alaska -- My name is David Dickerson and my wife Barbara is here. We live at 1508 Fathom Drive and we're the owners of the two adjacent lots. We submitted a letter. We didn't do it until today but we turned it in for your consideration and before I read that I would like to ask you to make a couple corrections, there are a couple items that escaped me when I was proofing it. On the first page, paragraph three, "the encroachment request on the side setback should read seven and 1/4 inches." On the back of the page, minor item there, on the top of the page, second line should be replatted. Dickerson read his letter as corrected. "We are once again respectfully requesting that you deny this encroachment request. Your earlier denial of his request on January 14, 2004 was the correct decision we believe and was greatly appreciated. As owners of lots numbers one and thirteen of block four in Inlet Woods it is our property that is being encroached upon and it is our property that would be negatively impacted and reduced in value. Mr. Jones' request for an encroachment of almost fifteen feet into the rear setback of twenty feet is extremely excessive. Now that a legal survey has been done it is established that the large tall building which was built without a permit, is only five feet one and a quarter inches from the lot line when it should be twenty feet away from the lot line. The encroachment request on the side setback of seven and 1/4 inches has been recommended for approval by the City administration. We will agree to the granting of the variance provided the rear setback is enforced to code. No problem with minor item. Mr. Jones has given numerous reasons why it is not his fault that the building encroaches into the setbacks. First, he said he hired a contactor and relied on him to know and follow the city rules. In later testimony Mr. Jones said he hired the contractor's relative (stepson; Mike Hill) to build the pretty good size little storage area but Mr. Hill failed to do the job so Mr. Jones fired him and took it over and built it himself. Mr. Jones said no one told him about the setback rules. I'm not sure whom he expected to take the initiative to guide him through this especially since he had not PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 4 gone to the city for a building permit. In testimony to the City Board of Adjustment in February Mr. clones complained that the city shouldn't even have twenty-foot setbacks in our properties as that is unreasonable. Also, it is not his fault because he did not want to cut down any more trees and ruin the aesthetics of the neighborhood. The salient facts are that Mr. clones bought two lots. After purchasing the lots he had them replotted into one large expensive piece of property. Then he hired a contractor to build him a large 3,000 square foot home, which one might expect required some planning and design work. It seems to me that a reasonably prudent person who is spending this much money would have reviewed the City Land Use Table and been familiar with the rules. Making a site plan considers the dimensions of the lot, easements and rules for the home, the driveway and any other structures before beginning construction is the responsibility of the owner. He had ample opportunity to become familiar with the rules, they are not kept secret. There are two other points that need to be clarified. First, in Mr. clones' testimony to the City Board of Adjustment he said we had recanted a little and that we were no longer feeling the same way about the encroachment. That is not true! We had written a letter to the City Council dated February 4, 2004 stating our continued objection to the encroachment. Secondly, Mr. clones stated that he does not understand why we have created such a problem for him. I'd like to please let the record show that we have not broken any rules here and that all we have done is buy some property with the expectation that it would not be illegally impacted and thereby reduced in value or use. Mr. clones is the one who has created the problem. In summary, the building can be moved and there is no good reason why it should not be moved. If in the process of moving the building some trees have to be removed Mr. clones can replace them, as he is responsible for this situation. I just like to conclude by saying that I disagree with Mr. clones regarding the 20-foot setback. I think the setbacks are very appropriate and important to provide everyone with equal opportunity to use and plan their building and the way they would like to have their property look and used. And so with that I would just like ask you to carefully consider this, determine as Mr. Beauchamp said, the decisions often aren't easy but I would hope that the responsibility could be placed where it should be in this case, thank you. Glick asked if the Commission had any questions of Mr. Dickerson. There were no questions. Tracy Jones, 1545 Windward Drive, Kenai, Alaska- My name is Tracy Jones and I reside at 1545 the lots that we're talking about on Windward. As you know that... I'm not going to dispute that I have a large house out there and I've got a sizeable PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 5 investment and thank you for pointing that out sir, I appreciate that. As far as the other lots around no one's build on those lots, they just bought them to build later, you know, that's good cause everyone needs to ah, have an opportunity to invest in a nice neighborhood where other people have built very expensive homes. The only thing that I think that needs to be addressed today and I want to make sure that.., it's already been granted.., the setback as far as the twenty-foot goes in the first appeal that we had frequently. What we're requesting today is ... you.., we have the building.., building inspector go out because it was granted, everything was honky- dory and everything was alright. He goes out and with shifting of, whether this happens or not, we did have a good freeze and it's just sitting out there on the pylons and my pylons did get moved, you know they shifted quite a bit; so I gave what I was asked to give in the first meeting okay, is an approximate okay, there's no... nobody said I had to have it exactly, just give us an approximate location of the building and I did the only thing I knew to do and I went out and I measured what I could see my property line where the stakes were and I give an estimate to the best of my ability, whatever it was and we had it on the old papers. So, when I gave that, that wasn't installed, that was an approximate so I thought when this was granted would only be granted as a... sort like a, well I don't know if this is the right term to... just an open... what' s the word to ah... describe.., variance can be within so many feet of what you quoted, you know what I'm saying, you got ah... like the building inspector he's got a foot to ah... maybe to approve if I'm not.., am I correct in thinking that? He has a foot to work with... Commissioner Eldridge: Um-mm; yeah, we can... dones: So, if I got it in 10-foot I would be alright.., so I did, that's what I did. So I turned those numbers in, now ah, he comes out after the approval and everything and he says, "well you're gonna have to ah... can you give me a better.., can you put a set of strings up so I can come out an get a better.., measurement cause we have to do this, we're finalize the building permit. Okay, so I strung up the strings to the posts that I have. He came out, measured and he got about 4 or 5 inches difference than what was approved in the first easement, okay, the encroachment when it got approved by the Mayor (illegible). So, now I'm in a dilemma, they're coming back and I had... I came into the office and they said well, we never had this happen before so went around and went around.., the lawyer tells me, tells everybody, says, well we're going to have to... he's going to have to go right back through the system again to get this six inches on the back approved and the seven inches on the side approved and ah... so I said well I... you know, I don't know where we're standing with this inches so I'm going to pay a surveyor, which cost me $400 to get a surveyor to come and replat that building to stop all this going back and forth, who should be where and all this. So, I paid now $105 to do the first meeting, $400 to do the replatting and another $105 to resubmit again to get 7 inches approval on the right and 6 or 7 inches, whatever it is, on the back, the extension, that's all this is all about. It's already been granted that I got it and I wanted to make sure that I wasn't going to get an override because I'm coming back through the committee system of that first grant. You know PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 6 I wanted to make sure that that's not going to happen neither. And ah... I don't know why we're having to do this, nobody could explain it to me; there's no rules, no bylaws, nothing so I feel like I'm caught in a situation of just having to go all over the same thing and.., and ah, whatever comments they want to make that's irrelevant right now because it's 7 inches, it's not 20 feet anymore. That's done been granted to me, now I'm asking for 6 more inches just because of the building could have shifted through the winter or anything could have happened, we had a 40 degree freeze and had similar earthquakes.., my house shakes out there so I don't know how much it shifted. Um... I done everything that I was supposed to have done when we started this structure as far as the contractor but.., long time ago that's.., that's not even.., we're beyond it. They've ah... it was a shed, it's stated as a shed.., on the new a... on the new plat. Ah, yes, it's a tall building but it's still not a two-story. It does not fall in the two-story setback of 15 feet anyway. That's what makes it 7inches into the encroachment on the right so there's no legal wording says that is' a two-story building, it's a story and a half if it's anything and that still does not constitute it... the ah... but the surveyor said it was a shed with a loft and that's a standard good storage building. But anyway, the biggest issue is the 7 inches on the right hand side and the 6 inches encroachment on the back extending already what I been granted and I...I don't see what the big issue of it is. It's a beautiful building, it matches the property, it ah... doesn't cause any aesthetics to anything. The 7 inches from the side of the property where his house would be, when you got a corner section that sticks out right here (pointing at a map on the wall behind the podium} his lot runs here, my building sets in this corner section in here, it's about 30 feet of property that isn't even infringes on... it's not hurting anything so... thank you. Verbatim Ends Glick asked if there were any questions of Mr. Jones. Bryson asked if the building was portable. Jones replied it's on pylons; it's on a 6 x 6 beam and he'd have to cut his skids off. Bryson asked if the building was hooked to any utilities. Jones answered, no. Bryson asked if there was power only. Jones replied there is temporary power to the building. Bryson asked if there were overhead power lines. Jones replied no, it was underground and comes out from around the corner of the house. Commissioner Amen asked what the primary use of the building was and Jones replied it is just a storage building, which contains boxes in the loft, a lawn mower, etc. Jones added it matched the home and provided photographs of the home and storage shed. Jones stated, if the building had to be moved, it would not look as nice and it would be expensive. Bryson, referring to Jones' statement that there was vegetation that screened the back from the adjacent property, asked if there were indeed trees in the back. Jones confirmed the picture was from the side. Bryson asked for clarification that it was not PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 7 five feet from the building as it didn't appear there were any trees in the area. dones confirmed there were no trees behind or in front of it. dones pointed out, in the building codes, he finally found says there couldn't be another structure within 8 or 10 feet of the other structure, so if the structure had to be moved or turned it would literally be pushed up on the house and that's why he was upset about the 20-foot setback. Bryson asked what reference clones was referring to other than the City adopted building code but with the property close to Lot 1 it has almost 15 feet so in either case it wouldn't be moving toward the building at all. Bryson continued, the frontage that has the 5-foot plus clearance is moving parallel to the building and it appears it's in excess of 20 feet. Dickerson (speaking from audience) stated the storage building is attractive and as long as his two lots are vacant it would look beautiful, but the question is when he chooses to build would he be restricted as to where he can build or would it look like it would be congested and placed close together. Public hearing closed. Bryson stated, when looking at the location of the building, he would interpret it to be a two-story building. Bryson added, presumably the side setbacks aren't to protect the person placing a building, but rather to not dramatically affect the neighbor. Bryson added, he has the same concern he had previously that there is adequate room on the property to relocate the building near where it is and still conform to code. Bryson continued, the trees that would need to be removed are insignificant. Amen asked staff if Windward Drive fronted the property. Kebschull confirmed it did. Amen asked if there were any stipulations provided when the appeal was granted. Kebschull stated there were none. ©lick pointed out the appeal was not unanimously granted. Commissioner Eldridge stated he agreed the tree removal would not be unreasonable and thought the structure should be moved. Twait asked if it was determined whether it was a two-story building or not. Kebschull replied, the Building Inspector had not yet entered the structure and a building permit had not been issued. Kebschull continued, she spoke with the surveyor and he stated he believed it was a full loft and could be constructed and used as a second story. Bryson stated, the only issue pertinent to the height is the side setback as the rear setback is 20 feet. Twait stated, if the house was built with the driveway being on the leeward, the side setback would have been only five feet. Kebschull stated, if the encroachment is granted, it wouldn't stipulate usage. Kebschull continued, the structure being discussed is a storage shed now but it is large enough to be converted to residential use. Kebschull added, anything over 200 square feet with sanitary facilities could be used for residential use, so the storage shed could become a PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 8 secondary residence on the lot. Amen asked if administration heard from the owner of Lot 4 and Kebschull confirmed they had not. Jones, referring to a booklet he had, stated it limits the size of a one- story ranch home to be 1,200 sq. ft. and a two-story home to be 1,400 sq. ft. so there couldn't be a dwelling less than 720 sq. ft. Kebschull advised the Commission the booklet Jones referred to was covenants and the City does not enforce covenants. Kebschull added, the City would issue a building permit for that structure for residential use. Glick advised Jones the City's rules on covenants. Jones advised he received the booklet from the City's office and that it is what he goes on for the rules on setbacks. Jones added, when he came in for a permit he was given the booklet and was told that was what he had to go by. Glick advised Jones the public hearing was closed. VOTE: Amen No Barrett Absent Glick No Bryson No Twait No Hammelman Absent Eldridge No MOTION FAILED. Glick advised Jones of his right to appeal within 15 days. Jones said he'd already been granted the first encroachment. Glick advised that it was technically null and void because it didn't meet the same setback that was previously requested. Jones stated he wasn't given anything and there was nothing in the rules or in the provisions for him to have a certain inch or anything. Jones added, if that was the case, then the property should have been exactly surveyed and then that money would have been spent for nothing if it were denied. Glick stated, if the property were not surveyed, then he wouldn't know where the lot lines were. Bryson added, the appropriate action would be to appeal. Glick advised Jones that his only alternative would be to appeal. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS *PZ04-33 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2A Cerepa Subdivision No. 2 (1310 Kiana Lane), Kenai, Alaska. Application submitted by Rose M. Wilshuson, 1310 Kiana Lane, Kenai, Alaska. Approved by consent agenda. 7-bo *PZ04-35 -- An application for a Home Occupation Permit for a daycare for the property known as Lot 16, Block 6 Redoubt Terrance Subdivision PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 9 Addition 7, (1531 Toyon Way), Kenai, Alaska. Application submitted by Diane Stockdale, 1531 Toyon Way, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS Kebschull noted KMC 14.20.320, the modular home issue, was still pending. ITEM 9: CODE ENFORCEMENT Kebschull reported that the code enforcement officer is working on the pending violations. ITEM 10: REPORTS 10-a. City Council -- Councilman Ross reviewed the July 21 st agenda and discussed actions taken. 10-b. Borough Planning -- Commissioner Bryson reported the Borough Planning Commission held a meeting on July 19 and provided a report on actions taken. 10-c. Administration -- Kebschull reported the following: · PZ04-02, preliminary plat for Wild Rose Subdivision will be heard by the Borough Planning Commission on August 9; Mr. Merkes (the developer) reported the roadwork was begun and will be built to standard; and, paving will be completed within the next year or two. · The consultants are working on the airport supplemental plan. · The Kenai cemetery is running out of space. Additional area has been surveyed and approximately 40 new plots are available. Other options are being considered for when the current cemetery reaches capacity. · The mobile home versus modular home definition issue is still pending. An explanation of the City's current procedure was provided. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. PZ04-26- Landscape/Site Plan- Snowder Chiropractic Clinic, 205 Bidarka Street PZ04-34- Landscape/Site Plan- Preferred Plumbing & Heating, 345 Main Street Loop Zoning Bulletin (7 / 10 / 04) PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 10 ITEM 13: COMMISSION COMMENTS ll~ QUESTIONS Commissioner Eldridge welcomed Commissioner Twait to the commission. Commisioner Amen asked what recourse the Commission had when an individual providing public testimony refuses to stop after his alloted three minutes. Glick replied, the chair could call a recess and if necessary call the police. Kebschull added, the City has rules that could be read before a public hearing begins and added, discussion should not be allowed from the audience but rather from the podium to assure the comments are recorded. Amen asked what recourse the Commission had when untrue statements are made. Kebschull replied there's a time limit on appeals and an individual would have an opportunity then to address an untruth. Amen also welcomeded Twait to P&Z. Commissioner Twait stated he was pleased to serve on the P&Z Commission. Chairman Glick also welcomed Twait to P&Z. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:00 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JULY 28, 2004 PAGE 11 STAFF REPORT To: Planning & Zoning Commission Date: July 20, 2004 Res: PZ04-37 GENERAL INFORMATION Applicant: Kenny Merkes 394-3854 P.O. Box 572 Sterling, AK 99672 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit - Side Yard Setback Tract 7A - Wild Rose Subdivision (Lot 8, Wild Rose Subdivision, Kenai River Addition) 211 2 Beaver Loop Road 0491 2046 RR- Rural Residential Vacant Rural Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered'by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: · 1 An encroachment as defined in KMC 14.20.1 85 (a) exists. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. The encroachment is not located across a platted lot line. 0437 Comment.doc Page 2 Applicant is replatting Tract 7-A of Wild Rose Subdivision into 13 lots. There is an existing cabin on the property and the plat results in an encroachment on the newly created Lot 8. The preliminary plat was approved with the requirement that the cabin be removed or an encroachment permit received for the cabin. The asbuilt provided with the encroachment application shows a 24.4' by 28.4' cabin that is 3.6' from the lot line next to Lot 7. The cabin has been used for residential use in the past; however, the applicant has advised the renter will be vacating the cabin on July 31, 2004. This property is located in the rural residential zone and requires a 15-foot side setback. Granting this encroachment would result in an 11.4-foot encroachment. Applicant has advised that the structure will no longer be used for residential use after the current renter vacates the premises and that all utilities are being unhooked from the structure. City Engineer' Nothing additional. Buildinq Official' No building code issues. RECOMMENDATIONS The requested encroachment appears excessive and is being created by the applicant to accommodate a new subdivision. The lot configuration for the new subdivision was designed to provide for the highest use of the parcel and to provide river access to the majority of the lots. The applicant looked at alternatives of jogging the lot line or moving the lot line to accommodate the structure and believes that either of those alternatives would negatively affect Lot 7. The applicant is the owner of the large tract of land and the resulting subdivision and aware of possible negative effects of the encroachment. Applicant has advised that the structure will no longer be used for residential use, Recommend approval with the following requirements' 1. Structure may no longer be used for residential use. Use is limited 0437 Comment.doc Page 3 to accessory use such as storage. 2. Structure will be considered a non-conforming structure and may not be enlarged or modified in such a way as to increase the non- conformity. ATTACHMENTS: 1. Resolution No. PZ04-37 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ04-37 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Kenny Merkes ADDRESS: P.O. Box 572, Sterling, AK- 2112 Beaver Loop Road LEGAL: Tract 7A, Wild Rose Subdivision (Lot 8, Wild Rose Subdivision. Kenai River Addition) PARCEL NO: 04912046 TYPE OF ENCROACHMENT: Side Yard Setback of 11.6 feet (13 feet 7.2 inches) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on July 19, 2004. 2. This land is on land zoned RR- Rural Residential. 3. That the applicant has demonstrated with plans and other documents that they can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City fight-of-way or utility easement. c. 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. d. The encroachment is not located across a platted lot line. 4. That the Commission conduCted a duly advertised public hearing as required by KMC 14.20.280 on: August 11, 2004. 5. Applicant must comply with all Federal, State, and local regulations. 6. That the structure may no longer be used for residential use. Use is limited to accessory use such as storage. 7. Structure will be considered a non-conforming structure and may not be enlarged or modified in such a way as to increase the non-conformity. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 1 lth day of August, 2004. CHAIRMAN: ATTEST: APPLICATION FOR ENCROACHMENT _ LEi~ DESC~TtON . C CC C G(~'RR-1 RR-2 RS RS-1 RS-2 RU R IL IH Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits 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 BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU' HAVE READ AND UNDERSTAND THESE CONDITIONS. An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. Provide a site plan of the property including location of all existing buildings, fights-of-way or easements, setbacks, elevations, and any data pertinent to the application. A Public Notification and Heating is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) ADDITIONAL COMMENTS' Signature of Applicant'.. / ,x 104, LOT 7 ST )LE 6 1.102 AC. 3.6' LOT 8 1.331 // EXISTING CABIN 24.4' AC. ~ o~ VPs~ m BEAVER LOOP ACRES rl:H'[ {:,th. 'Il- {I ~ oo · ~J. // ,{ MEMBERS: Dr. Rick Foster Homer City Term Expires 2004 Mari Anne Gross Southwest Borough Term Expires 2005 Mark Massion Seldovia City Term Expires 2006 Dick Troeger Soldotna City Term Expires 2005 ALTERNATES: Blair Martin Kalifornsky Beach Term Expires 2006 Todd Petersen East Peninsula Term Expires 2004 A. S. C. D, KEN^I PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. August 9, 2004 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL Of AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No Excused Absences Requested 3. Minutes a. July 19, 2004 SUBDIVISION P/.~,T PUBLIC HEARINGS . VV. R. Benson's Subdivision Laukitis Replat KPB 2004-178 [Borderline/Lau kitis] Location: City of Homer . VVoodfin Subdivision Hoffman-Veo Replat KPB 2004-199 [integrity/Hoffman] Location: On Lou Morgan Road in Sterling . Moose Range Meadows South Calder Replat KPB 2004-203 [Integrity/Calder/Salamatoff Native] Location: North of Funny River Road off Johnson's Drive . Thompson's Lake Estates Kimbrell Replat KPB 2004-211 [Integ rity/Kimbrell/Thompson/Reischach] Location: West of Dorothy Lake in Nikiski , . . = = 10. 11. 12. 13. River Quest Phase 2 KPB 2004-029 [Integrity/Nash] Location: North of Ciechanski Road Soldotna East Subdivision No 6 (name to change) KPB 2004-200 'Paulsberg/McCabe] Location: South of Sterling Hwy east of Soldotna Banta Subdivision Sonnichsen 2004 Addition KPB 2004-202 [Johnson/Sonnichsen] Location: West of Sterling Hwy in Ninilchik Warfle Tracts No. 3 KPB 2004-204 [JohnsonNVarfle] Location: East of Cohoe Loop Road Gentles Subdivision Dieckgraeff Replat KPB 20O4-2O7 'Ciine/Dieckgraeff] Location: Old Exit Glacier Road in Seward Wild Rose Subdivision Kenai River Addition KPB 2004-208 Whitford/Merkes/Cone] Location: City of Kenai Soidotna Air Park KPB 2OO4-2O9 Whitford/Pope] Location: South on Funny River .Road Glacier View Ranch .Subdivision 2004 Addn. KPB 2O04-210 'McLane/Schade] Location: East of East End Road in Homer K-BaY APC Two Moose Meadows Three KPB 2004-212 [Imhoff/Kesner] Location: East of Sterling Hwy in Anchor Point Anchor Point ^PC 14. Wilshire Acres 2004 Subdivision KPB 2004-213 [Imhoff/Meeker/Bishop] Location: North of East End Road in Homer K-Bay APC E. 'MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED . F. PUBLIC COMMENT G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held August 23, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the B°rough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak, us web site' www. borough.kenai.ak, us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA August 9, 2004 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dick Troeger Parliamentarian Soldotna City Term Expires 2005 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member KasiloflClam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. a. C. CALL TO' ORDER ROLL CALL APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial 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 Requests a. Beach Road Industrial Park Subdivision No. 1 KPB File 2004-054; McLane/Ridge Properties, Carlisle, Mundell Location: West side of K-Beach, SW of Ciechanski Road Intersection Port Graham Village Duncan Heights Addition KPB File 2002-214; Karluk Design/Native Village of Port Graham Location: Port Graham d. Ji-Anna Subdivision KPB File 2001-042; Integrity/Lipps Location: Robinson Loop in Sterling Kay Lynn Subdivision No 3 KPB File 2003-131; McLane/Cox Location: City of Kenai *3. Plats Granted Administrative Approval Plats Granted Final Approval (20.04.070) Plat Amendment Request a. Fireweed Meadows KPB 2003-173; Borderline/Mutch-Kyllonen LoCation: Anchor Point Anchor Point APC *5. Coastal Management Program ao Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews- None TOdd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2005 Max J. Best Planning Director Dale Bagley Borough Mayor Do Eo F. G. H. *6. Commissioner Excused Absences a. No Excused Absences Requested *7. Minutes ao July 19, 2004 Plat Committee Minutes bo July 19, 2004 Planning Commission Minutes PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) UNFINISHED BUSINESS - None PUBLIC HEARINGS . Vacate that portion of Michelle Avenue right-of-way and associated public utility easements between Lots 1, 2 and 3 of Beach Road Industrial Park Subdivision (Plat KN 82-74); within Section 26, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-188; Petitioners: Earl C Mundell, Irving R Carlisle and Ridge Properties of Soldotna, Alaska; Location: West of Kalifornsky Beach Road Reconsideration of December 8, 2003 Plat Committee Conditional Preliminary Approval of Alaska State Land Survey 2003-2; KPB File 2003-269; Mullikin/KPB/State DNR; Location: North of Kenai Lake in Cooper Landing; Cooper Landing APC Ordinance 2004-19-04 Appropriating $790,000 from the Land Trust Fund for Constructing Roads and Utilities in Birch and Grouse Ridge Subdivision VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 10-foot utility easement along the east boundary of Lot 3B adjacent to Joyce Circle, Azarel Subdivision No 2 (Plat KN 84-330), within Section 34, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-201 Vacate any utility easements that may have been granted by plat note: Building setback line to be limit of utility easements along streets" for Lot 1 Don-Kay Subdivision (Plat KN 85-205), within Section 24, Township 4 North, Range 12 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2004-206, PC Resolution 2004-48 (utility easement vacation) and Resolution 2004-49 (building setback exception) Vacate the 10-foot utility easement along the northerly boundary of Lot A-lA, Warfle Tracts No 2 (Plat KN 94-57), within Section 4, Township 2 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004- 205 SPECIAL CONSIDERATIONS ° Plat Waiver Application: NW % SW % TO2S, R12W, Sec. 2; KPB 2004-214; KPB PC Resolution 2004-50; Location: Caribou Hills; Applicant: Kim Nelson SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 14plats. J. K, L. M, No O. Po Q. . , . . ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) , A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 24- foot by 44-foot roof over an existing 5th wheel trailer. This project is located along the Poacher's Cove Boat Basin near the dght bank of the Kenai River at River Mile 17.2 on Lot 97, Poacher's Cove Planned Development Unit, Amended, Section 19, T. 5 N., R. 10 W., S.M., AK., (KPB Pamel I.D.: 057- 489-16). KPB PC Resolution 2004-52 COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Homer Advisory Planning Commission Special Meeting Minutes, July 8, 2004 Homer Advisory Planning Commission Special Meeting Minutes, July 14, 2004 Kenai Planning & Zoning Commission Meeting Minutes, July 14, 2004 Anchor Point Advisory Planning Commission Meeting Minutes, August 3, 2004 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held August 23, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Anchor Point Cooper Landing Anchor Point Meeting Location Visitor's Center CommunitY Center Visitor's Center Date Time August 3 7:00 p.m. August 11 7:30 p.m. August 17 7:00 p.m. The Kachemak Bay Advisory Planning Commission has adjourned for the summer. The next regularly scheduled meeting is October 7, 2004. 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 2200 Fax: 907-262-8618 e-mail address: planning~borou.qh.kenai.ak, us web site: www. bomu.qh.kenai.ak.us/Planningdept July 28, 2004 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 George & Amy Bowen P.O. Box 223 Kenai, AK 99611 RE* City of Kenai Landscape/Site Plan- 300 Thompson Place Dear Mr. & Mrs. Bowen: Thank you for your letter of July 13, 2004 regarding the landscaping/site plan for the development on Lot 6A, Block Three, Thompson Park Subdivision (300 Thompson Place). The City understands that you were unaware of the landscaping requirements placed on the One Stop development at the time of your purchase. However, that does not reduce the requirements of the original landscaping. As the current owner of the property, you are bound by those original requirements. The City Attomey has reviewed the information contained in your letter and the City's current code requirements and believes that the coffee kiosk may be considered as new development. Using this criteria, the landscape/site plan submitted for the new development may be reviewed under the current guidelines. The plan received on June 8th was reviewed for this development under the current code requirements. The plan, as submitted, meets the City of Kenai's basic landscaping/site plan requirements. Attached to this letter is a copy of the staff report and resolution approving the plan. Note the plan is approved with the requirements noted on page two of the resolution. This approval is specific to Lot 6A and the coffee kiosk. Any further development will require submittal of a new landscape/site plan. No additional trees may be removed without prior submittal and approval of a landscaping plan. The remaining existing buffer must be maintained. I appreciate you contacting Mr. Segura regarding the buffer between your properties. The buffer is a requirement of the original plan and the adjoining property owner does not have the authority to remove or relax the requirements of an approved landscaping plan. The City's zoning code and Comprehensive Plan require buffeting to separate and minimize impacts between adjacent land uses. In this case, zoning and land use are not always the same. Mr. Segura's lot is zoned commercial; however, the current land use is residential. The Building Official has issued a temporary certificate of occupancy for the coffee kiosk. Kenai Municipal Code 14.25.060 allows the Building Official to issue the temporary certificate for a period not to exceed nine (9) months if the landscaping is not completed prior to the occupancy. Based on the plan you provided and your letter, the two requirements that must be met within this time frame are the seeding of the dirt portion of the lot and screening the dumpster. The permit lists a completion date of September 30, 2004. The Building Official will verify at that time that you have completed all requirements of the landscaping/site plan and compliance with Plat Note 6 from the One Stop Replat. (See attached copy of letter from the Building Official dated June 15, 2004.) Please feel free to contact me if you have questions or would like clarification on the landscaping/site plan requirements. Thank you for your cooperation throughout this process. ~S(n~el~' Marilyn Kebschull, AICP Planning Administration Robert Springer, Building Official Cary Graves, City Attorney STAFF REPORT To: Planning & Zoning Commission - File Date: June 9, 2004/July 28, 2004 Res: PZ04-24 GENERAL INFORMATION Applicant' Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: George Bowen 283-9332 One Stop 5455 Kenai Spur Highway Kenai, AK 99611 Landscape Site Plan - Coffee Kiosk Lot 6A, Block 3, Thompson Park, One Stop Replat 300 Thompson Place 04907025 CG - General Commercial Vacant Neighborhood Residential ANALYSIS 'General Information' KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai. Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements. Applicant plans to place a coffee kiosk on Lot 6A which is adjacent to Lot 7A, location of the One Stop Grocery. The applicant cleared the lot prior to submitting the required Landscape/site Plan. When the One Stop Grocery was originally developed, there were landscaping/site plan requirements placed on the develOpment. The original plan required an 8-foot fence between the business and the residential property (properties) to the rear, The Commission approved the plan that showed existing trees and vegetation were to remain. This specifically required native spruce being 4" in diameter and a minimum of 6-feet tall. The area of the existing trees and vegetation at that time was described as growing on the east side of the property, approximately from Thompson Place to the store location. The applicant purchased this property and was not aware of the original site plan requirements. However, KMC 14.25.035 requires submittal of a preliminary Landscape/Site plan and approval by the administrative official prior to any land clearing and/or tree cutting. 0424 Comment.doc Page 2 The new plan shows snow storage areas, the coffee cart and drive through, and a notation of grass seed on Lot 6A. The City Attorney reviewed the plan and advised the coffee kiosk could be considered as new development and be reviewed under current landscaping/site plan requirements. However, this does not eliminate the original requirements and any future development will be reviewed taking into consideration the original landscaping requirements. ., The dumpster is not shown on the application; however, currently is located in the gravel area of Lot 6A. The dumpster must be moved to the back of the building (as shown on the original plan), out of site, or be screened. There is also a portable toilet on the lot near the coffee kiosk. The applicant has advised that the portable toilet is necessary during high traffic times. Applicant has been advised that the temporary use of the portable toilet would be allowed between May 1 and September 30th of each year. If the use were extended, screening would be required. In 2000, this area was replatted. The City of Kenai had concerns that were addressed by notes on the plat. Note 5 states, "Access to Lot 7A, Block 3 will be by reciprocal agreement easements." This note was required so that if in the future any of the three lots were sold, that access would not be an issue. A single owner still owns the three lots, so access is not an issue. Note 6 states, "The building code requirement for the existing structure on Lot 7A will be met during the development of Lot 6A. The storage lean-to attached to the existing structure on Lot 7A will be removed at the time the waterline is extended through Lot 7A to Lot 6A." The building official issued a temporary certificate of occupancy for the kiosk that is valid to September 30, 2004 to provide time to meet the building code requirements and the landscaping/site plan requirements. (A copy of letter dated 6/1 5/04 is attached.) City Engineer: Drainage, snow storage and parking appear adequate. Building Official' No additional comments. RECOMMENDATIONS , Ibis plan is approved only for the coffee kiosk on Lot 6A. Any further development will roquim submittal of a new landscaping plan and will be reviewed in connection with tho ori§inal landscapin9 requirements for the One Stop development. No additional trees mag be removed from any of the parcels in the Thompson Park, One Stop Subdivision without receiving prior approval from the City of Kenai. The Landscape/Site Plan for Lot 6A, the coffee kiosk, is approved with the following requirements' 0424 C°rmnent.doc Page 3 I i . 4, Plant grass seed on the dirt portion as shown on the site plan. Move dumpster to the back of the One Stop Grocery o__Lr screen the dumpster. The portable toilet will be allowed during the period from May 1 to September 30th of each year. Additional use will require screening from both Thompson Place and the Kenai Spur Highway and may require a building permit. Satisfy Thompson Park Subdivision, One Stop Replat plat Note 6. Due to the time it may take to plan and complete these requirements, the plan is tentatively approved with a completion date for the above-requirements no later than September 30, 2004. ATTACHMENTS: 1. Resolution No. PZ04-24 2. Application 3. Site Plan CITY OF KENAI PLANNING AND ZONING LANDSCAPE/SITE PLAN REVIEW RESOLUTION NO. PZ04-24 A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was: · Received by: · Submitted by' Submitted for: · Property Address: · Legal Description' Parcel No.: Marilyn Kebschull, Planning Administrator George and Amy Bowen One Stop Grocery 300 Thomvson Place _ Lot 6A, Block Three Thompson Park, One Stop Replat 04907025 WttEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS: (See page 2.) Re~4iwe/~ and approved: Date: 0424.doc Page 2 · 1 o Plant grass seed on the dirt portion as shown on the site plan. Move dumpster to the back of the One Stop Grocery o_Lr screen the dumpster. The portable toilet will be allowed during the period from May 1 to September 30~ of' each year. Additional use will require screening from both Thompson Place and the Kenai Spur Highway and may require a building permit. Satisfy Thompson Park SUbdivision, One Stop Replat plat Note 6. Requirements must be satisfied by September 30, 2004. CiTY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 June 15, 2004 George & Amy Bowen PO Box 223 Kenai, AK 99611 RE' Certificate of Occupancy for the Espresso Kiosk Find enclosed a temporary Certificate of Occupancy valid until September 30, 2004. A permanent CO can be issued when the following items are completed- 1. The window in the existing building facing lot 6A must be replaced with a 1 ~ -hour rated assembly or removed completely in order to comply with plat note 6 of the Thompson Park Replat. 2. Compliance with Planning & Zoning Landscape requirements. If you have any questions please give me a call at 283-7535 ext. 233. Sincerely, · Robert C. Springer Building Official, City of Kenai Cc: Marilyn Kebschull, City of Kenai Planner FROM · ONE STOP FAX NO. ' g07283g332 LANDSCAPING/SITE PLAN REVIEW APPLICATION Jun. 08 2004 07' 10PM P1 APPLICANT BUSINESS NAME LEGAL PROPERTY &¢,~.~,, OWNER '" J. '~ · PROPERTY ADDRESS MAILING ADDRESS ~,~ ' PHONE '~, "~-- 'DESIGNATION'.. ircle one) ,..' LEGAL DESCRIPTION ~ ~ - .... PARCEL NUMBER Include the following on the Site Plan. If not applicable please put an NA next to the item. j~ b. d= fm Common and scientific name of the planting materials to be used in the project, Typical planting details. Location of all planting areas and relationship to buildings, parking areas, and driveways. , Identification and location of non-living landscaping materials to be used. Identification of on-site Snow storage areas. Drainage patterns. 0F'4('~/91~ p~t"/I > Description of buildings, including building height, ground floor dimensions, kinds of building materials, ,type' of architecture anticipated. ~i"~JN..~ ~.~~~ ~[~L~ " Physical features of the property including location of ail buildings, ingress and egress, and unusual features of the property Which may restrict development and drainage. ,, Additional comments or information, should be attached to this application. ,, ,, ,, ,, ,, FROM ' ONE STOP FAX NO. ' 90?2839332 ~;URVE¥0R;S C,EI~TjF!CATE '! h~y certify that; ! am pr~per~y registered (]nd licensed to precti~e lemd ~ar~e~ing in the State of AlaSka. this pleat dl d~si~s ~nd o~ d~oOs qfc c~rect to the hemal ~~ ef ~~ of lend ~~s ~ ~e State of AI~e, Jun. 08 2004 07'llPM P2 ?A NOTES: , r~at~& by ~ State of N~o ~m~t of T~~tat~. , 3), ~ ~~t st~c~ ~t:~ ~s~cted ~ placed wi~ ; u~ ~~~ ~ m~ld ~t~f~ ~1~ ~e ability ol ~ Utility to u~ ~ ~mL 4) WA~K~ O]~A~' Pl~s f~ ~oste~t~ ~os~. ~ot meet ,~lot~ ~~~ts ~ ~ ~e at ~e Aloha ~ertm~t of ~mmmt~ ,~~t~. 6) ~e ~~g ~ r~ir~t ~. ~he ~ist~ ~cture ~ .~t 7A ~ ~~ ~g ~e 4~m~t of Lot ~. ~e s~c t~-to ~t~ to ~e ~~g s~ct~e in Lot 7A ~11 be r~o~ at the LEGEND_: , ....... _ 'I' Oelto = 17 R -, [lO0,¢ L ' [31;0C N · · : CD" ' 0 : ~ ~ · ~ · : ~ · ~ ' 8, : E ,.~.: : · 0 : · ~ ' : : ~ : ~ : c : : · ~ · ~ ~ : : ~. · : o ._ .c:: 0 o o ._o o .c: o ._ ._ e ._o o o c:L o .c:: .c:: 0 N N W