HomeMy WebLinkAbout2004-11-10 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
November 10, 2004 - 7:00 p.m.
1. 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
thc Commission and will bc approved by one motion. There will bc no separate discussion of
these items unless a Commission Member so requests, in which case thc item will bc
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of thc General Orders.
e
*APPROVAL OF MINUTES'
a. *October 27, 2004'
3. SCHEDULED PUBLIC COMMENT'
4. CONSIDERATION OF PLATS'
a. PZ04-48 - Preliminary Plat- BLP Subdivision, A resubdivision of Parcel 3 and 5 Deeds
Book 36, Page 211 KRD. Plat submitted by McLane Consulting, Inc., P.O. Box 468,
Soldotna, Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS'
7. NEW BUSINESS'
a. *PZ04-47 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 7, Donnybrook-Blarney Subdivision (1720 Aliak Drive), Kenai, Alaska.
Application submitted by Mafia Bravo, 1720 Aliak Drive, Kenai, Alaska.
b. Hangar Purchase and Lease of Lot 2, Block 3, General Aviation Apron- Review and
Recommendation
8. PENDING ITEMS:
9. CODE ENFORCEMENT'
10. REPORTS'
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Agenda
November 10, 2004
Page 2
12. INFORMATION ITEMS:
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session immediately following
regular meeting Development of
Limited Commercial Zone.
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 27, 2004- 7:00 p.m.
*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. *October 13, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
0
OLD BUSINESS:
a. PZ04-43 (a) - An application for an Encroachment Permit for a side yard setback encroachment
for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406
South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig,
406 S. Forest Drive, Kenai, Alaska.- Motion to reconsider by Commissioner Bryson.
b. PZ04-44 - An application for a Conditional Use Permit for condominiums for the property
known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest
Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff
View Condominium Association, 406 S. Forest Drive, Kenai, Alaska. - Tabled from October 13,
2004 meeting.
e
NEW BUSINESS:
a. *PZ04-46 - An application for a Home Occupation Permit for a daycare for the property known
as Lot 3, Block 1 Mattfield Subdivision (1217 Lawton Drive), Kenai, Alaska. Application
submitted by Pat Reilly, 1217 Lawton Drive, Kenai, Alaska.
b. Vacation of 33-foot Right-of-Way, Government Lot 33, Township 6 North, Range 11 West,
Section 34, Seward Meridian. Discussion and Recommendation.
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. Kenai City Council Roster
b. "Zoning Bulletin"- 9/25/04 & 10/10/04
c. December 22nd Meeting Cancellation Memo
d. Requirements for Home Daycares
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING ~k ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 27, 200,$- 7:00 P.M.
CHAIR CARL GLICK, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chairman Glick called the meeting to order at approximately 7'01 p.m.
1-a. Roll Call
Roll was confirmed as follows'
Commissioners Present:
Commissioners Absent:
Others Present:
J. Hammelman, B. Eldridge, N. Amen, J. Barrett, C. Glick,
P. Bryson
J. Twait
Council Member Rick Ross, City Clerk Freas, City Planner
Kebschull
X-bo
Agenda Approval
MOTION:
Commissioner Eldridge MOVED to approve the agenda, including the following:
ADD TO: Item 6a, PZ04-43(a), Memorandum from City Attorney Graves
ADD TO: Item 6a, PZ04-43(a), Letter from Dr. Charles BElie
ADD TO: Item 6a, PZ04-43(a), Letter from Vernon Loftstedt
REMOVE: Item 6b, PZ04-44, Conditional Use Permit application for
condominiums/406 South Forest Drive, Kenai.
Commissioner Bryson SECONDED the motion. There were no objections.
ORDERED.
SO
Consent Agenda
MOTION:
Commissioner Amen MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- October 13, 2004
Approved by consent agenda.
ITEM 3-
, ,,
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
,,,
CONSIDERATION OF PLATS -- None.
ITEM 5'
,,
PUBLIC HEARINGS-- None.
ITEM 6:
OLD BUSINESS
PZ04-43 {a) - An application for an Encroachment Permit for a side yard
setback encroachment for the property known as Lot 1, Block 6,
Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive),
Kenai, Alaska. Application submitted by F. DeWayne and Diane E.
Craig, 406 S. Forest Drive, Kenai, Alaska.- Motion to reconsider by
Commissioner Bryson.
MOTION FOR RECONSIDERATION:
Commissioner Bryson MOVED for immediate reconsideration of the petition for the
encroachment permit on the southerly property line of the subject property and
Commissioner Amen SECONDED the motion.
Bryson explained, the motion he attached to the prior motion was determined to be
an inappropriate requirement of the adjacent property owner and he wanted to
address that issue.
VOTE ON RECONSIDERATION:
Hammelman Yes Eldridge Yes Amen
Barrett Yes Glick Yes Bryson
Twait Absent
Yes
Yes
MOTION PASSED UNANIMOUSLY.
MOTION:
Commissioner Bryson MOVED to recommend the approval of the encroachment
permit of the southerly property line of Lot 1, Block 6, Redoubt Terrace Subdivision,
Addition No. 3. Commissioner Eldridge SECONDED the motion.
Asked if staff had anything more to add, City Planner Kebschull asked if the motion
included the staffs recommendations. Bryson stated he wanted to add those
separately as an amendment.
MOTION TO AMEND'
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 2
Commissioner Bryson MOVED to amend the motion to require the staff
recommendations be a part of the conditions, i.e. that an updated as-built be
submitted to insure there are no additional encroachments resulting from the recent
construction and that the permit may not be issued until all encroachments are
approved. Commissioner Hammelman SECONDED the motion.
Verbatim begins:
Glick'
Would you like to speak to the amendment?
Bryson: In general, this is a lot where we've had encroachments on all four sides
of the property at this point. Those have been encroachments prior to approval of the
construction and I just believe too much is too much and it's had an impact on the
neighbors, minor in some cases, and significant in others and I'm not in favor of the
motion. Of the main motion.
Glick:
But you're in favor of the amendment. Okay...
Nelson: I have a question as far as procedure on the old business, do we also go
out for a public comment with those or not.
Glick: No, we had the public hearings and we closed the public hearings.
not changing anything significant. Right Carol?
We're
Kebschull: That's right. You did hold a public hearing. It would be at the
Commission's determination if you want to open it to the public.
Glick: Yes, so, unless we change something significant, we didn't have to have
another public hearing and we didn't. We're looking at the same thing we looked at
before.
Barrett:
Mr. Chairman?
Glick: Mr. Barrett.
Barrett:
comment.
I would say reconsidering it is a change enough to ask for public
Glick: It's only reconsidering what we already heard the public hearing on. If
we changed it, and we're not. Even the amended motion is only putting in the
comments that staff put in here before. There's nothing different.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 3
Bryson:
I would like to speak to that.
Glick: Yes.
Bryson: I feel the motion reduces the restrictions on the petitioner. In that.
regard, it has less effect on them rather than more. It may be that the public would
like to comment. I can't speak to that.
Amen: Chairman, I would also concur that possibly the public may have a
chance to comment because in essence, we have done that already by allowing these
lay downs which are additional information that were not available to us prior.
Glick: Well, I would allow the public comment, but not as a public hearing.
they want to comment...
If
Amen:
Oh, I'm sorry. I used the wrong language. Thank you.
Eldridge: Okay, yeah, having read the lengthy verbatim testimony from last week,
it appeared to me that you did two things, finished up two things. You granted the
rear encroachment and you granted the side encroachment with the provision that
the neighboring land owner or their court case or whatever was going to be settled,
would be satisfied. It appears to me, and I'm not sure why you did that because'
normally I would think when you go out for a encroachment, you pass out the
information to all the parties and the neighbors and they have the opportunity upon
that notification to come in to make a complaint if they have a problem with that side
yard setback. Tonight we do have, in fact, a notice of waiver from the adjoining
property owner that he's not concerned about that side yard encroachment which has
been there with the original footprint of the building since 1982. So, I'm not sure
where we're headed with this when we've already satisfied the adjoining property
owner, both adjoining property owners, and we've, and he's already provided us with a
notice of waiver he's not going to protest. And yes, he's in some litigation but that
doesn't have anything to do with what we're doing here. We're just granting an
encroachment from the original footprint of the building that we, the city and the
various building inspectors have been down to and looked at for a multitude of years.
So I'm not sure where we think we're going with this so I'd like to have some idea, you
know, what we think we're doing with this.
Glick:
Well, we're either going to grant an encroachment permit or we're not.
Eldridge:
Okay, what, what conditions are we using? Aren't the conditions for
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 4
granting encroachments to go ahead and notify the neighbors and then make a
determination, if the neighbors come in and say yes, it's fine with them, then it's fine.
If the neighbors come in and protest, then we look at it and evaluate it, and we
determine whether or not that's, you know, do we want to grant an encroachment in
that particular circumstance. In this circumstance, the neighbors have said they
don't care about the encroachments and, and they've gone along with the
encroachments and all of our, all we have to do then, particularly since this is an
original footprint since 1982 that we've looked at for years, I, I just don't understand
why we're getting hung up on, on doing whatever we're trying to do other than, you
know, we've got the input we need, let's go with the vote.
Glick: Okay, at the last meeting, we did pass the one because the adjoining
neighbor didn't have a problem. But the one to the south, over the bluff, we didn't
have the same information we have tonight...
Eldridge' But from the record, we passed it, if the adjoining neighbor would grant
a waiver and he's done that.
Glick: Now.
Barrett: Mr. Chairman. I just wanted to point out to Commissioner Eldridge,
that's on the, on the west side two weeks ago. The west side of the property.
Eldridge' Well, yeah, I know which one is which. I know you granted the,
whatever, two-point-eight feet in the rear setback and this is the side setback where
he's within a little over five feet of the property line, but from what I read of the
verbatim testimony, what, what you agreed to was that, you agreed to that side
setback with the proviso that Loftstedt, the adjoining property owner, would grant
them a waiver for that and not protest it. Actually, you were, you were not a protest,
but you wanted him to grant the waiver and he has done that so as far as I can see, it
should be an automatic, you grant the side waiver. Not granted, there's another
encroachment that we still have to deal with if the last as-built is correct and that's a
one-point-three foot on the front on Toyon Way.
Glick:
But that hasn't been asked for yet...
Eldridge' No, I know that. I'm just trying to deal with this issue and I'm trying to
figure out where we're going. It looks to me like...
Glick: Well, basically, with this amendment, if we pass it, we're going to be
taking off the restrictions we put on last week and only put on what the staff has
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 5
already recommended to be on there.
Eldridge' Okay.
Glick: Okay, that's the amendment. If we pass that and then if we pass the
main motion with that, but we have to do the procedure. Okay. Is anybody in the
public want to speak on this. It's not a public hearing, but if the Commission seems
to feel that if you have any additional information you want to come speak, feel free.
Amen: And, and, this is, the clarification, the topic we're talking about right
now is the bluff-side encroachment, correct?
Glick:
Yes, that is correct.
Amen:
And the variance granted for that.
Glick: It's just the bluff-side encroachment. That's, that's what we're dealing
with. Okay? Anymore discussion on the amendment? Okay, let's vote on the
amendment.
Clerk: Hammelman?
Hammelman: Yes
Clerk: Eldridge?
Eldridge: Yes.
Clerk: Amen?
I'm sorry, once again I've gotten confused.
Glick:
Just the amendment now...
And this amendment is for...
Hammelman'
Adding staffs...
Glick:
Adding the inclusions...
Unidentified:
This stuff...
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 6
Glick:
the original...
To layer it on top of it, right? Okay. No.
Clerk:
Barrett?
Barrett: Yes.
Clerk: Glick?
Glick: Yes.
Clerk:
Bryson?
Bryson' Yes.
Clerk:
The motion passed...the amendment passed.
Glick' Okay, so, the amendment motion passes, so that's added to the main
motion now. If we vote yes on the main motion, we will be granting the encroachment
permit on the south side, the bluff side, with this amendment, which is what staff had
recommended is required before it is issued. Any discussion?
Amen:
Discussion here.
Glick: Yeh, okay.
Amen' I agree with Commissioner Bryson that it's a fact that we do have
encroachments, what would appear to be encroachments on all four sides of this
property which, to me, show a clear abuse of this portion of land by the landowner
and I would be voting against this.
Glick:
Okay, let's vote on the main motion as amended.
Clerk:
Main as amended...Hammelman?
Hammelman' Yes.
Clerk: Eldridge?
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 7
Eldridge: Yes.
Clerk: Amen?
Amen: No.
Clerk:
Barrett?
Barrett: Yes.
Clerk: Glick?
Glick: No.
Clerk:
Bryson?
Bryson: No.
Clerk:
You have three no's, three yes's. The vote fails.
Glick: Okay.
is PZ04-44...
The motion failed. Okay, then the next item under Old Business
Clerk: The appeal...
Kebschull: Advise of the appeal process for the record.
Glick: The applicant has fifteen days to appeal to the city over at the city clerk's
office, the decision on that.
End of verbatim.
Pg04-44 - An application for a Conditional Use Permit for
condominiums for the property known as Lot 1, Block 6, Redoubt
Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai,
Alaska. Application submitted by F. DeWayne and Diane E. Craig dba
Bluff View Condominium Association, 406 S. Forest Drive, Kenai,
Alaska.- Tabled from October 13, 2004 meeting.
Item was removed from the agenda.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 8
Charles Bailie, 1503 Toyon Way, Kenai- Thanked the Commission for delayin~ the
issue from the last meetin§. He added, he was confused at the last meetin§; he
thanked the Commission for §rantin§ time for him to collect his thou§hts; he and
Crai§ have had a §ood relationship over the last 20 years; he wanted the Commission
to know the issue has been very difficult; and, he wanted to protect his property.
ITEM 7:
NEW BUSINESS
PZ04-46 -- An application for a Home Occupation Permit for a daycare
for the property known as Lot 3, Block i Mattfield Subdivision (1217
Lawton Drive), Kenai, Alaska. Application submitted by Pat Reilly, 1217
Lawton Drive, Kenai, Alaska.
Approved by consent agenda.
Discussion/Recommendation -- Vacation of 33-foot Right-of-Way,
Government Lot 33, Township 6 North, Range 11 West, Section 34,
Seward Meridian.
MOTION:
Commissioner Barrett MOVED to grant the vacation of the 33-foot Right-of-Way,
Government Lot 33, Township 6 North, Range 11 West, Section 34, Seward Meridian
and Commissioner Eldridge SECONDED the motion.
Kebschull explained, the Borough Planning Commission had reviewed the issue and
recommended approval. The Kenai City Council has the right to veto the Planning
Commission's action. If possible, vacations are brought before the Planning & Zoning
Commission for review and recommendation. Kebschull added, the city staff
concurred with the approval of the vacation.
VOTE:
Hammelman Yes Eldridge Yes Amen
Barrett Yes Glick Yes Bryson
Twait Absent
Yes
Yes
MOTION PASSED UNANIMOUSLY.
ITEM 8:
PENDING ITEMS- None.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 9
ITEM 9:
CODE ENFORCEMENT- None.
ITEM 10: REPORTS
10-a. City Council- Council Member Ross noted, the action agenda from the
October 20, 2004 council meeting was included in the packet. There were no
questions.
10-b. Borough Planning- Bryson reviewed actions taken by the Commission
at their October 25, 2004 meeting.
10-c. Administration- Kebschull reported the following:
· The draft Borough comprehensive plan had been placed on the
Borough's website for review. She requested the Commission members let her know
of any corrections they note. Kebschull reported she noticed one of the maps used to
identify land use was called "Soldotna area" which included Soldotna, Kenai, Nikiski.
She stated she felt it would be more appropriate to call it the Central Peninsula Area
and she would pass that comment on.
· The condominium issue had been discussed with the City Attorney who
suggested, as a minimum, adding a definition and perhaps a footnote to the Land Use
Table to identify condominiums are permitted uses as long as they meet the density
requirements. Kebschull added, a draft document would be brought forward for a
public hearing.
· The December 22, 2004 Commission meeting was canceled.
Harnmelman questioned why Item 6-b had been removed from the agenda and
Kebschull explained, she had requested the City Attorney to review the state statute
to determine whether the city should not be requiring the conditional use, which was
based on Mr. Osterman's testimony. Attorney Graves reviewed the issue and his
comments were distributed to the Commission and added to the agenda. Kebschull
noted, the city attorney noted, though there was not a clear identifying case, it should
be handled as a permitted use as long as it met the density, i.e. if it's permitted as a
six-unit apartment, it should be permitted as a six-unit condominium.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED
John Kwietniak, 1504 Toyon Way, Kenai- Stated he had nothing against the
individuals living on the corner property, but he believed it is a dangerous area due to
the off-street parking, amount of traffic on the side street obscuring the line of sight
for on-coming traffic on the bluff side road. He added, the property was also
becoming a gathering place for vehicles, equipment, etc. which also block the view of
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 10
omcoming traffic. He requested the Commission, when looking at use of property,
they consider those things. Kwietniak added, it can be very dangerous there.
DeWayne Craig, 406 South Forest Drive, Kenai- Craig asked, even with the letter
from Loftstedt, the Commission voted down the encroachment permit? Glick
answered yes, it was a three-three vote, and the motion failed. Craig noted the
building had been there for 25 years and asked what he should do with it. Glick
noted, Craig could appeal the decision to the city council and he had fifteen days in
which to file the appeal with the city clerk. Craig noted he had acquired the letter
from Loftstedt which satisfied what the Commission requested, and suggested the
Commission changed the rules. Glick noted, the motion failed and his next recourse
would be to go to the city council and present his case to them.
Craig suggested the reason why the BElie home was not selling as quickly as the
owner may want could be because the asking price was well above the assessed value.
Craig asked what the parking requirements were for a property such as his.
Kebschull stated, it would have to have sufficient off-street parking for the use and
thought to be two per principle structure. Craig noted that was what Kebschull had
told him in a previous discussion. Craig noted, in the driveway two cars could be
parked and then the garage parks a third car. He added, technically speaking, three
cars for each apartment could be parked and he didn't understand why parking was a
problem when there were three off-street spaces for each apartment/condominium.
Glick stated, it was not being said he was not meeting the code, but there had been
complaints there were many cars parked on the street in the area which impedes the
vision. Craig aSked if he was being told he could not park on the street and Glick
explained, no, unless they were parking in violation of the city code for snow removal,
etc. Craig noted, his tenants/owners have visitors who might park on the street and
the they themselves have as much right to park on the street as anyone else. Glick
noted, because his property is on the corner, the vehicles parked in the area can
impede vision for people stopping at the stop sign and is apparently what the
complaints had been about. Barrett noted, the comments about the parking came
after the vote and the decision was not based on any part of the parking discussion.
Craig noted, it is an ongoing comment in written material received from Kebschull.
Craig suggested a sign be placed to indicate no parking at the corner and noted there
are people who visit the park and the beach who park in that area as well. Craig also
noted, with more owners (of the condominiums), there may be more requests to him
to clean up the area, etc. and he had already done so because of requests of new
owners.
ITEM 12:
INFORMATION ITEMS
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 11
12-a.
12-b.
12-¢.
12-d.
Kenai City Council Roster
"Zoning Bulletin" - 9 / 25 / 04 & 10 / 10 / 04
December 22nd Meeting Cancellation Memo
Requirements for Home Daycares
ITEM 13'
COMMISSION COMMENTS/~ QUESTIONS
Barrett -- Stated he based his decisions on the issue before them and felt calling up
past issues is punitive for denying someone an encroachment permit. He added, he
hoped Craig appealed the decision to the council and hoped the council would
overturn the Commission's decision.
Amen -- · Agreed they review each case on the merits to make a decision.
He added, he felt one of the main challenges is to protect the public trust/interest and
in this case, interpreting and applying the intent of the code placed before them.
Under that instance, someone who has requested variances after variances basically
is stepping outside the intent of the code and laws the Commission is there to
enforce.
· He believes the Commission's other charge is to guard the rights
of the residents and neighbors and his fallback position on decisions like this one, is
to ask himself if he was a neighbor in the area, how would he feel about the action
and would act in that manner. Amen noted, in this case, he lives fairly close to the
property and had come to the opinion that what had been transpiring on that
property is wrong as there had been discrepancies, i.e. what's been called a two story
is actually three stories, statements made in the past have been false, etc. and he was
tired of playing the game and had no hesitancy in moving as they had on that
particular issue.
Bryson -- Stated this was not a request for a variance as a variance is a before-the-
fact of events and in no case had a variance been requested for any one of the four.
All were after-the-fact and the term then is an encroachment. He added, the most
recent one was noted in the as-built submitted during the last Commission meeting
and the building had been an issue of discussion for some time. The previously
proposed size forced the footprint of the property to exceed the allowed area coverage
so there was a great deal of thought going into the size of the building and then it
turned out to be an encroachment as well. Bryson added, he believed all had an
effect on the property and the neighbors and are cumulative.
Glick -- Reported he would not be at the next meeting as he would be attending the
AML meeting.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 12
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Barrett MOVED for adjournment and Commissioner Amen SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:44 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
OCTOBER 27, 2004
PAGE 13
STAFF REPORT
To: Planning & Zoning Commission
Date: November 1, 2004
Res: PZ04-48
GENERAL INFORMATION
Applicant:
McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
283-4218
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Preliminary Subdivision Plat- BLP Subdivision
BLP Subdivision- A Resubdivision of Parcel 3 and 5 Deeds Book
36, Page 211 KRD
None & 1755 Cone Avenue
04904005 & 04904006
RR- Rural Residential
Vacant & Storage Yard
Rural Residential
ANALYSIS
The surveyor notes that parcels are being replatted to match existing use and to provide
access to the northern parcel.
Tract B shown on the preliminary plat is leased from Beaver Loop Partnership (property
owner) by Nabors Alaska (previously Grace Drilling). In 1999, a conditional use permit
for a storage yard at this location was granted to the property owner. Nabors Alaska is in
the process of purchasing the property they currently lease. Through the purchasing
process, it was discovered that a portion of the fence for the storage yard encroaches on
the adjoining property (Tract A) also owned by Beaver Loop Partnership.
This subdivision will create a flag lot (Tract A). The flat portion of the lot does not meet
the minimum lot width. However, there are situations such as this where the City allows
flag lots. Without the flag, Tract A would be landlocked. Due to setback requirements,
no development will be allowed in the flag portion of the lot.
The property is zoned Rural Residential.
requirements for the zone.
The resulting parcels meet the lot size
0448 Comment.doc Page 2
City Engineer:
Cone Avenue is minimally developed and without City maintenance.
maintenance will not change.
The stares of
Building Official'
No building code issues.
RECOMMENDATIONS
The property owner has leased Tract B for several years for use as a storage yard to
Nabors Alaska (previously Grace Drilling). The storage yard was fenced for separation
and to protect the equipment stored at the site. It was discovered through the proposed
property purchase that the fencing encroaches on the neighboring lot. This subdivision
will remedy the problem of the fence encroachment without requiring removal and will
allow access to Tract A that currently has no legal access. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ04-48
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ04-48
SUBDIVISION PLAT
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 BLP SUBDIVISION was referred to the City of Kenai
Planning and Zoning Commission on November 1, 2004 and received from McLane
Consulting, Inc..
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR- Rural Residential and therefore subject to said zone
conditions.
2. Water and sewer: Not 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. Stares of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE BLP SUBDIVISION SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, NOVEMBER 10~ 2004.
CHAIRPERSON'
ATTEST'
STAFF REPORT
To: Planning & Zoning Commission
Date: October 27, 2004
Res: PZ04-47
GENERAL INFORMATION
Applicant'
Maria Bravo
1 720 Aliak Drive
Kenai, AK 99611
283-5355
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation - Day Care
Lot 7, Donnybrook/Blarney Subdivision
1 720 Aliak Drive
04524034
RS-- Suburban Residential
Residential
Neighborhood Residential
General Information'
KMC 14.20.230 outlines the regulations that allow home occupations
in residential areas. Applicant provides childcare for her 3 grandchildren
only, but is aware her permit allows her to watch up to 8 children under the
age of 12. Day care is specifically listed in the code as a permitted home
occupation. Based on the information provided, the proposed day care meets
the requirements for a home occupation.
A fire inspection was conducted on the residence on October 20,
2004. If the day care is still in operation, a follow-up will be required on
October 20, 2006.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ04-47
2. Application
3. Drawings
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ04-47
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY
OF KENAI GRANTING A REQUEST FOP, A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: DAY CARE - A New Beginning
(Type of Permit)
OPERATED BY: Maria Bravo
LOCATED'
1720 Aliak Drive - Lot 7, Donnybrook/Blarney Subdivision
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO' 04524034
WHEREAS, the Commission finds'
.
That an application meeting the requirements of Sec. 14.20.230, has been
submitted and received on October 27, 2004.
2. That the application has been reviewed by the Commission at their meeting
of November 10, 2004 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he
can and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission
of the City of Kenai that the applicant has demonstrated that the proposed
development meets the conditions required for said proposal and therefore the
Commission authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
10th day of November 2004.
Chairman:
ATTEST:
HOME OCCUPATION PERMIT
APPLICATION
NAME- ~ ~ (' ~ (X,_ _?~ ~'0~//O ._ PHONE:
_
MAILING ADDRESS'
PHYSICAL ADDRESS:
LEGAL DESCRIPTION.
gOq.- :-- ss
,
_
DESCI~PTION OF OCCUPATION '
, ,-. ,,' --_ __ _ ~ -.- ~4~ _ -_-,
Section 14.20.230 of thc City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to the following conditions:
· Not more than one person outside thc family shall be employed in the hom~
occupation.
, No more than 30 % of the gross floor area of all buildings on the lot shall
structures.__In addition show arkin areas and traffic atterns. Clearl
mark the ar_es to be used for the home oc. cupation.
· '- '~l~"home-occupation-sh~l-b~-carried 'on wholly'within thc principal buildi'fi~,
or the bu'ilding which are accessory thereto, Any building used for a home
occupation shall be wholly enclosed.
Applicant'$ Signature: ~ _~. _ Date:
Application reviewed and approv,, by:
Approved by the Planning & Zoning Commission: Date:
]~:\Wpdocs\FOILMS\HOME OCCUPATION PERMIT APPLICATIO~_d~r
·
·
·
·
· .
·
4:'
·
·
,
·
I!'
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
~4medcaC~
1992
MEMO:
TO'
FROM'
Planning & Zoning Commission
Marilyn Kebschull, Planning Administratio
DATE:
October 28, 2004
SUBJECT:
Hangar Purchase and Lease of Lot 2, Block 3, General Aviation Apron
The City of Kenai is soliciting bids for the purchase of a hangar located on this parcel and lease of
the parcel. Bids are due on November 9th. The bid package is specific as to allowable uses (See
Page 3, Instruction to Bidders). After the bid opening, the bidder (if any) offering the highest one-
time premium will be awarded ownership of the hangar and a lease for the property as outlined in
the bid package. For more detail, see Kim Howard's memorandum.
The Planning Commission must determine if the intended use complies with the zoning ordinance
and the Comprehensive Plan.
This parcel is zoned IL- Light Industrial. Airports and related uses are permitted in the Light
Industrial Zone. The Comprehensive Plan lists the lot as Airport Industrial and identified for
inclusion in the proposed Airport-Dependent Development District. The Kenai Municipal Airport
Land Use Drawing identifies the parcel for aviation related activities.
Based on the authorized uses in the bid packet, it appears the proposed lease comtPhlies with the
City's zoning ordinance and Comprehensive Plan. At the meeting on November 10 updated
information on the successful bidder, if any, and the Airport Commission's recommendation will
be made available.
Attachments
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranclum
Date'
To'
For'
From:
October 25, 2004
Kenai Planning and Zoning Commission
Meeting of November 10, 2004 ~
Kim Howard, Assistant to the City Manager ('
Hangar Purchase and Lease of Lot 2, Block 3, General Aviation Apron
The City of Kenai has solicited for sealed bids for the purchase of a hangar (formerly known as the
U.S. Fish & Wildlife Hangar) and the lease of the surrounding land (Lot 2, Block 3, General
Aviation Apron). Bids are due on November 9th. The bidder (if any) offering the highest one-time
premium will be awarded ownership of the hangar and a lease as outlined in the bid package.
A copy of the Instructions to Bidders is attached. Provision C (1) states the term of the lease is
dependent upon the amount of the improvements made by the successful bidder. The one-time
premium paid will be considered as the purchase of improvements and will count toward
determining the lease term as shown on Attachment A.
The appraisal has been approved by the Federal Aviation Administration. The minimum acceptable
bid for the one-time premium is $53,000, the value determined by the appraisal. The lease rate is
based on the fair market value of the land, $77,000.
Provision C (3) lists the authorized uses for the property. The Airport Commission will review the
successful lease application (if any) on November 10th, just prior to your regular meeting. They will
determine whether the intended use complies with the Airport Masterplan. The Planning and
Zoning Commission needs to determine if the intended use complies with the zoning
ordinance and Comprehensive Plan of the City.
The recommendations of both commissions will be forwarded to the Kenai City Council for lease
application approval.
Cc'
Rebecca Cronkhite, Airport Manager
Attachment
CITY OF KENAI
KENAI MUNICIPAL AIRPORT
HANGAR PURCHASE AND LEASE OF
Lot 2, Block 3 General Aviation Apron
INSTRUCTIONS TO BIDDERS
The City of Kenai, Kenai Municipal Airport (City), is soliciting sealed bids for the purchase of a
hangar and the lease of surrounding land (Lot 2, Block 3 General Aviation Apron). The bid
award, if any, will be to the responsive bidder offering the highest one-time premium in addition
to the lease rate. The lease rate is set at five-year increments of 6% of fair market value of the
property (not including the hangar). The estimated lease rate for the first five (5) years will be
$4,620 per year, plus applicable sales tax.
The bidder offering the highest one-time premium will be awarded ownership of the hangar and
a lease at a term set by the dollar amount of improvements to the property as described in Section
C1 below. The term of the lease is dependent on the dollar amount of the investment or
improvements on upon the property by the successful bidder, according to the matrix shown in
Attachment A. The one-time premium (i.e. hangar purchase price) will be considered part of the
investment in the property for purposes of determining lease term.
Bidders must follow these instructions carefully. The City of Kenai (City) may reject a bid if the
bidder fails to follow these instructions. The City is not bound by any oral explanation or
instruction given by its officials.
It is the bidder's responsibility to carefully examine all documents relating to this bid offering
and to judge for itself all conditiOns that affect its bid. Failure on the part of any bidder to
thoroughly examine the documents is not grounds for any claim that the bidder did not
understand the conditions of the bid offering.
All bidders should inspect the offered premises to thoroughly familiarize themselves with the site
conditions and the building. The building will be available for inspection by appointment
Monday through Friday between 9:00 a.m. and 5'00 p.m. local time. For an appointment, call
Mary Bondurant at 283-7951 ext. 22.
The City will consider any suggestion or comment concerning the bid documents but they must
be submitted in writing to Kim Howard, Assistant to the City Manager, 210 Fidalgo Avenue,
Kenai, AK 99611, fax number (907) 283-3014, by 1:00 p.m., local time on November 2, 2004.
The bid documents, including the Sample Lease Agreement, stand as written unless changed by a
written notice or addendum issued by the City and sent to all parties provided the bid documents.
The Sample Lease Agreement (Attachment B), with the appropriate blanks filled in at the time of
the award, is the lease the successful bidder and the City will sign unless previously changed by
addendum. The Sample lease Agreement is not subject to negotiation by the successful bidder.
'KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 1 of 7
The bidder must be able to demonstrate to the City that it is capable of performing all of the
terms and conditions of the lease being offered and the bidder's intended use of the premises.
The City may request that bidders furnish additional information, including a current financial
statement, to determine if the bidder is capable.
The City encourages all interested parties, including Disadvantaged Business Enterprises, to
submit bids. The City will not exclude bidders on the grounds of race, color, religion, sex,
marital status, age or national origin.
Ao
PREBID CONFERENCE
Bidders are encouraged to attend a prebid conference scheduled for 4:00 p.m., local time, on
November 3, 2004' in the Airport Manager's Office, Kenai Airport Terminal, 305 N. Willow,
Suite 200, Kenai, Alaska. City personnel will conduct the conference, provide a general
overview, accept questions and comments and provide a tour of the offered premises.
B. BIDS
Bidders must submit bids on forms furnished by the City. The forms must be properly executed
as described in the documents and delivered or mailed to City of Kenai, ATTN: Kim Howard,
210 Fidalgo Avenue, Kenai, AK 99611.
All bids must be received by Ms. Howard in the City Manager's office no later than 10'00 a.m.,
local time, on November 9, 2004, at which time they will be publicly opened and read. The City
will return any bid received after the designated time.
Bidders must submit bids in a sealed envelope clearly marked on the outside with the bidder's
name and the following label:
Lot 2, Block 3 General Aviation Apron (Plat No. 73-68)
Hangar Purchase and Building Lease Bid
Kenai Municipal Airport
If the bid is mailed, the sealed envelope containing the required bid documents must be enclosed
in a second envelope for mailing. The City is not responsible for delayed or misdirected mail.
The City will not accept electronic or telephonic bids.
Ce
LEASE INFORMATION
Some provisions of this offering are summarized below. Complete details of the lease agreement
are contained in the Sample Lease Agreement. In case of any conflict between this invitation
and the Sample Lease Agreement, the lease controls.
o
Lease Term: The term of the lease is dependent on the dollar amount of the
improvements made upon the property by the successful bidder. The one-time
KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 2 of 7
,
o ·
,
premium paid by the successful bidder will be considered as the purchase of
improvements and will count toward determining the lease tenn. The schedule
determining the lease term is attached to this invitation to bid as Attachment A.
Premises: The premises is Lot 2, Block 3 General Aviation Apron (Plat No. 73-
68) and the hangar on the property
Authorized Uses' The fight to use the property for one or more of the following
purposes:
a)
b)
c)
Repair, maintenance, or storage of aircraft;
Air cargo processing;
Operation of an office may be included to support the
above uses.
Rent: The successful bidder will pay a lease amount equal to 6% of the fair
market value as determined by an appraisal approved by the Federal Aviation
Administration. The estimated initial five-year lease rate will be $4,620.00 per
year. The lease amount will be reset every five years by another appraisal during
the term of the lease.
o
One Time Premium: The successful bidder will be determined by the highest
bidder for the one time premium. The highest bidder will be awarded the lease in
addition to ownership of the hangar. In addition to the one time premium, the
successful bidder will pay the yearly lease rate as determined above in Paragraph
C4.
o
Bid Deposit: A bid deposit of $2,000 must accompany the bid submittal (Per
KMC 21.10.035).
n.e
REQUIREMENTS FOR A COMPLETE BID
Bidders must submit the following items to constitute a complete bid. The City may reject a bid
as non-responsive if the bidder fails to submit any item.
o
A completed and signed Bid Submittal (Attachment C);
A completed and signed lease application (Attachment D); and
The bid deposit.
All information submitted with a bid becomes the property of the City when received by the City
and public .information after the City opens the bid.
KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 3 of 7
E~
ADDENDA REQUIREMENTS
Bidders must acknowledge receipt of any addenda on the Bid Submittal form. Failure to
acknowledge addenda, if any, may make a bid non-responsive. The City will make every effort
to ensure that bidders receive any addendum issued. The City will send addenda to the address
furnished by potential bidders.
F. AUTHORIZED USES
The authorized uses outlined in Instructions to Bidders (Item C3) of the Invitation to Bid are the
only available uses of the premises. Any bid offering an alternate use of the premises, or
showing additions or changes to these available uses, may result in the rejection of the bid as
non-responsive.
Ge
MINIMUM ONE-TIME PREMIUM
The minimum acceptable bid for a one-time premium is $53,000, in addition to the lease rate.
Any bid offering an alternative compensation formula will be rejected as non-responsive.
H. BID DEPOSIT
The bid submittal must include a money order, certified check or cashier's check in the amount-
of $2,000 and made payable to the City of Kenai from a financial institution doing business in
the United States of America. The City will apply the successful bidder's bid deposit to the rents
due the City, beginning with the first month of the lease.
I. BID REVISION
A bidder must use the following procedure to withdraw or revise a bid after it has been submitted
to the City:
.
The bidder must submit a written request for return of the bid. The request must
have the notarized signature of either the bidder or an authorized representative of
the bidder.
,
,
The bidder's name must. be clearly identifiable on the outside of the bidder's
sealed bid envelope. The City will not open any bid envelope for bidder
identification or any other reason before the time set for opening bids.
The withdrawal or revision must be completed before the time set for opening
bids.
The City will not accept electronic or telephonic bid revisions or withdrawals.
KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 4 of 7
J. BID OPENING
The City will publicly open and read all bids at the bid opening scheduled for 10'00 a.m., local
time, on November 9, 2004, in the City Manager's office, at Kenai City Hall, 210 Fidalgo
Avenue, Kenai, Alaska. At this time, the City will announce the apparent high bidder. If there is
a discrepancy between the words and figures in the bid, the words will govern.
After the bid opening, the City will review the bid submittal form and the lease application, and
determine the highest responsive bidder.
K. TIE BIDS
The City will draw lots to break tie bids submitted by responsive bidders.
L. LEASE AWARD
The lease award, if any, will be made by the City to the highest responsive bidder after approval
by the City Council per KMC 21.10.060 and KMC 21.25.010.
Me
REJECTION OF BIDS
The City may reject bids under any of the following conditions'
o
If the bid shows any alteration, erasure, irregularity of any kind, or addition not
called for; or if the bid is conditional or incomplete, or if the bid fails to comply
with any of the requisite conditions.
,
If the bidder fails to submit every item specified in Section D of these instructions
(Requirements for a Complete Bid).
o
If the bidder is behind in any payment owed the City; is in default of any
obligation to the City; is a defaulter as surety or otherwise on any obligation to the
City; or has failed to perform faithfully and diligently any previous agreement
with the State.
,
If the bid is not received at the designated location by the specified time.
o
If a City investigation fails to satisfy the City that the bidder is capable of
performing all the terms and conditions of the lease being offered or the bidder's
intended use of the premises.
The City reserves the fight to reject any bid or waive any defect when, in its determination, the
rejection or waiver is in the City's best interest. The City reserves the fight to reschedule the bid
opening or re-advertise the lease offering if all bids are rejected.
~ENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 5 of 7
N. EXECUTION OF LEASE
Within thirty (30) calendar days after receipt of the award notice, the successful bidder will sign
and deliver the lease to Kim Howard, Assistant to the City Manager, 210 Fidalgo Avenue, Kenai,
AK 99611 and provide payment in full of the one-time premium by money order, certified check
or cashier's check payable to the City of Kenai from a financial institution doing business in the
United States of America. On execution of the lease by the City, the City will apply the
successful bidder's bid deposit to the rents due the City, beginning with the first month of the
lease.
If the successful bidder fails to sign and return the lease as required, the City may annul the
award and retain the bid deposit as liquidated damages. If the award is annulled, the City may
award the lease to the next highest responsive bidder. If any bidder is awarded the lease and
refuses or fails to sign and return the lease within thirty (30) calendar days of receipt, that
bidder's bid deposit may also be forfeited to the City. The order of succession of bidders may
continue until the lease is awarded and executed.
O. RETURN OF BID DEPOSITS
The City will return bid deposits submitted by unsuccessful bidders as soon as practical after the
City executes the lease.
P. ADDITIONAL INFORMATION
Some provisions of the lease agreement are summarized below. Complete details of the lease are
contained in the Sample Lease Agreement. In case of any conflict.between this information and
the Sample Lease Agreement, the lease controls.
Qe
HANGAR WILL BE CONVEYED "AS IS" WITH ALL FAULTS, AND NO
WARRANTIES WHATSOEVER.
THE CITY WILL TRANSFER THE HANGAR "AS IS" WITH ALL FAULTS AND
WITH NO WARRANTIES WHATSOEVER. THIS DISCLAIMER INCLUDES, BUT IS
NOT LIMITED TO, DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OF FITNESS.
Re
MAINTENANCE, UTILITIES AND SERVICES
The successful bidder will be responsible at its own expense for all maintenance, utilities, taxes,
services, repair work or other costs needed for the successful bidder's use of the premises.
S. ENVIRONMENTAL CONCERNS
The City has baseline environmental information available. Please contact Kim Howard at City
Hall, 210 Fidalgo, Kenai, Alaska 99611. The successful bidder will be responsible for any
KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 6 of 7
contamination not shown by the established baseline or which is caused or contributed to by the
bidders operations or use of the premises.
T. ADDITIONAL INFORMATION
Information showing the location of Lot 2, Block 3 General Aviation Apron is attached as
Attachments E and F.
DATE:
CITY OF KENAI
KENAI MUNICIPAL AIRPORT
INSTRUCTION TO BIDDERS
Page 7 of 7
Fair Market Value,
Purchase Price, or
Investment of at
Least the Following Terms of
Dollar Amount Years
0.00 5
7,5O0.O0 6
15,000.00 7
22,500.00 8
3O,0O0.O0 .9
37,500.00 10
45,0O0.00 11
52,500.00 12
60,000.00 13
67,50O.00 14
75,000.00 15
82,500.00 16
90,00O.00 17
97,5O0.O0 18
105,000.00 19
112,500.00 20
120,000.00 21
127,500.00 22
135,000.00 23
142,500.00 24
150,000.00 25
157,500.00 26
165,000.00 27
172,500.00 28
180,000.00 29
187,500.00 30
195,000.00 31
202,500.00 32
210,000.00 33
217,500.00 34
225,000.00 35
232,500.00 36
240,000.00 37
247,500.00 38
255,000.00 39
262,500.00 40
270,000.00 41
277,500.00 42
285,000.00 43
292,500.00 44
300,000.00 45
307,500.00 46
315,000.00 47
322,500.00 48
330,000.00 49
337,500.00 50
345,000.00 51
352,500.00 52
360,000.00 53
367,500.00 54
375,000.00 55
INSTRUCTIONS TO BIDDERS ATTACHMENT A
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
NOVEMBER 3, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci, kenai.ak, us
5:00 P.M. -- COUNCIL WORK SESSION! INTERVIEW OF COUNCIL
APPOINTMENT CANDIDATES
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
~All items listed with an asterisk (*} are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate discussion of
these items unless a council member so requests, in which case the item will be removed from
the consent agenda and considered in its normal sequence on the agenda as part of the
General Orders.
ITEM B:
!
SCHEDULED pUBLIC COMMENTS (10 minutes)
,
Proclamation -- Kenai Central High School Football Team.
,
Robert J. Molloy -- KPB Ordinance No. 2004-36, Amending KPB 5.18.430,
Sales Tax Computation -- Maximum Tax, by Increasing it From $500 to $1,000.
Cheri Smith, Executive Director, The LeeShore Center-- Request for
donation.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E:
REPORTS OF KENAI CONVENTION/k VISITORS BUREAU BOARD
AND KENAI CHAMBER OF COMMERCE
ITEM F:
2.
COUNCIL APPOINTMENT
Selection of Appointee
Appointee/Oath of Office
ELECTION OF VICE MAYOR
ITEM H:
PUBLIC HEARINGS
,
Ordinance No. 2072-2004 -- Amending KlVIC 14.20.245 by Adding Section d(4)
to Prohibit Parking of Recreational Vehicles on Private Property That Has No
Principle Permitted Structure Except as Otherwise Allowed Under KMC
14.20.245(e).
,
o
Ordinance No. 2073-2004 -- Increasing Estimated Revenues and
Appropriations by $151,314.05 for Shop Site Remediation.
Resolution No. 2004-57 -- Supporting Resolutions 2004-1 Through 2004-6
Adopted by the Municipal Advisory Group in Their Advisory Role to the State of
Alaska Under the Stranded Gas Act.
o
Resolution No. 2004-58 -- Awarding the Bid to Dicor Industries, Inc. for Kenai
Recreation Center Flooring Replacement - 2004 for the Total Amount of $17,500.
ITEM I:
MINUTES
o
*Regular Meeting of October 20, 2004.
ITEM J:
OLD BUSINESS
ITEM K:
NEW BUSINESS
,
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
Approval-- Vacation of the West 132 Feet of the SS-Foot Right-of-Way Access
Easement Within the North 33' of Government Lot 33 Recorded in Book 12, Page
40, Kenai Recording District, All Within Section 34, Township 6 North, Range 11
West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula
Borough; KPB File No. 2004-251; Petitioner: Gene L. Crandell of Kenai, Alaska;
Location: City of Kenai.
o
Discussion -- Council /Commission Liaison Assignments
,
Discussion-- Schedule Board of Adjustment Hearing/Appeal of Planning &
Zoning Commission Denial of PZ04-43(a)- An application for an Encroachment
Permit for side yard setback for the property known as Lot 1, Block 6, Redoubt
Terrace Subdivision, Addition No. 3 (406 South Forest Drive}, Kenai, Alaska.
Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive,
Kenai, Alaska.
ITEM L:
COMMISSION/COMMITTEE REPORTS
,
2.
3.
4.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zonin§ Commission
MiscellaneoUs Commissions and Committees
a. Beautification Committee
b. Alaska Municipal LeaEue Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM M:
REPORT OF THE MAYOR
, ,
ITEM N:_ ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM O: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM P:
ADJOURNMENT
MEMBERS:
Tom Clark
Anchor P oint/N inilch ik
Term Expires 2007
Lynn Hohl
Seward City
Term Expires 2005
Bill Hutchinson
Ridgeway
Term Expires 2007
Jim Isham
Sterling
Term Expires 2006
Ray Tauriainen
Northwest Borough
Term Expires 2005
ALTERNATES:
Phil Bryson
Kenai City
Term Expires 2007
Brent Johnson
KasiloflClam Gulch
Term Expires 2006
A.
Bo
Co
Do
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
5:30 p.m. November 8, 2004
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences- None
3. Minutes
a. October 25, 2004
SUBDIVISION PLAT PUBLIC HEARINGS
Coal Creek Country Estates Subdivision Baxter Addition
KPB 2004-278
[Pilch/Baxter]
Location: West of Old Kasilof Rd in Kasilof
o
,
Seward Small Boat Harbor- Pruitt Replat
KPB 2004-279
[Integrity/City of Seward]
Location: City of Seward
Porcupine Lake Subdivision No 4
KPB 2004-281
[Johnson/John son]
Location: West of Cohoe Loop Road
.
Tote View Subdivision No 2
KPB 2OO4-282
[Johnson/Phipps]
Location: North of Tote Road off Tanadak St.
.
Dan Brown Subdivision
KPB 2OO4-283
[SegesseflBrown]
Location: South of Tote Road
o
Herrick Tracts
KPB 2004-284
[Borderline/Herdck]
Location: West of Sterling Hwy in Anchor Point
Anchor Point APC
Eo
MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
F. PUBLIC COMMENT
G. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held November 22,
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 Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: planning~borou.qh.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
November 8, 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 H ohl
PC Member
Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James lsham
PC Member ~
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A.
B.
C.
D.
E.
F.
CALL'TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
Ali 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
*2.
Plats Granted Administrative Approval
*3.
Plats Granted Final Approval (20.04.070) - None
*4.
Plat Amendment Request- None
*5.
Coastal Management Program
a.
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
a. Blair Martin
*7. Minutes
a. October 25, 2004 Plat Committee Minutes
b.
October 25, 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
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
.
Public notice is hereby given that a public hearing will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
project within the Kenai Peninsula Borough. Renaming right-of-ways that
have the same, or a similar sounding, name will enable 911 Emergency
Services to respond to emergencies in an efficient timely manner, thereby
avoiding delays in providing necessary emergency services. Thirteen streets
in the southern and central peninsula are proposed to be renamed. Streets
within the central and southern peninsula proposed to be renamed are as
follows:
ao
Hill Street within Williams North Fork 1976 Addition (HM 76-86),
Section 25, T4S, R15W, S.M., AK; Location: off North Fork Road, .
Anchor Point area; ESN 401; reason for change: duplicate name; the
suffix will be STREET
bo
Hill Street within Seidovia Townsite (USS 1771) Section 32, T8S,
R14W, S.M., AK; Location: City of Seldovia, off Alder Street; ESN
826; reason for change: duplicate name; the suffix will be LANE
Co
Hill Fair Street within Spruceridge Subdivision (HM 76-49), Section 3,
T5S, R15W, S.M., AK; Location: off the North Fork Road, Anchor
Point area; ESN 401; reason for change: duplicate name; the suffix
will be STREET
d.
Hilltop Road within Norwegian Woods (HM 78-91), Section 10, T5S,
R15W, S.M., AK; Location: south of the Anchor River, Anchor Point
area; ESN 401; reason for change: duplicate name; the suffix will be
ROAD
so
Hill Avenue within Dahler Subdivision (KN 75-56), Section 19, T5N,
R9W, S.M., AK; Location: east of Jim Dahler Road, Sterling area;
ESN 302; reason for change: duplicate name; the suffix will be
AVENUE
Hill Side Lane within Benchmark Subdivision (KN 86-122), Section 5,
T2N, R11W, S.M., AK; Location: east of Tustumena Lake Road,
Kasiiof area; ESN 303; reason for change: duplicate name; the suffix
will be LANE
g°
Hillcrest Avenue within U.S. Survey No. 3036A (Boundaries) and
3036 B (Subdivision) (HM 65-55), Section 34, TlS, R14W, S.M., AK;
Location' Ninilchik; ESN 451; reason for change: duplicate name; the
suffix will be ROAD
ho
Hiilfair Drive within Seacliff Subdivision Unit 2 (HM 76-107), Section
32, T2S, R14W, S.M., AK; Location' Ninilchik; ESN 451; reason for
change: duplicate name; the suffix will be DRIVE
Hillside Avenue within Hillside Subdivision (KN 85-162), Section 20,
T5N, R8VV, S.M., AK; Location: south of Funny River Road; ESN
303; reason for change: duplicate name; the suffix will be AVENUE
Hillside Circle within Sterling Vista Subdivision Unit 2 (KN 84-209),
Section 23, T5N, R8W, S.M., AK; Location: east of Feuding Lane,
Sterling; ESN 302; reason for change: duplicate name; the suffix will
be CIRCLE
Hillside Street within Sterling Vista Subdivision Unit 1 (KN 84-186),
Section 23, T5N, R8W, S.M., AK; Location: east of Feuding Lane,
Go
Ho
Jo
K.
Lo
Mo
N.
O.
P.
Go
.
Sterling; ESN 302; reason for change: duplicate name; the suffix will
be STREET
Hilltop Court within Clam Gulch Heights (KN 81-135), Section 28,
T2N, R12W, S.M., AK; Location: Clam Gulch area; ESN 303; reason
for change: duplicate name; the suffix will be COURT
mo
Hilltop Road within A Resubdivision of Tract "A" Woodrow Boles
Homestead (KN 76-147), Mountain Vista Estates Block Four (KN 77-
15), Mountain Vista Estates Blocks 5 & 6 (KN 77-53), Mountain Vista
Estates Blocks 1, 2 & 3, & Tracts B, C, & D (KN 78-163), Section 23,
T4N, R11W, S.M., AK; Location: off Arc Loop Road, south of
Soldotna; ESN 302; reason for change: duplicate name; the suffix
will be ROAD
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
SPECIAL CONSIDERATIONS
.
Lot 7 Block 1 Kivi Lake Park Subdivision Block One
Bldg. Setback Exception
KPB 2004-28O
Resolution No. 2004-66
Petitioner: Gary Kivi
Location: East of Lamplight Rd in N. Kenai
SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review six plats.
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
Kenai Peninsula Borough Planning Commission Resolution SN 2004-14: Renaming
Certain Public Rights-of-way within Section 17, T7N, R llW, Seward Meridian,
Alaska within Emergency Service (ESN) 501; Sections 8, 9, 11,12, 30, T5N, R9W,
Seward Meridian, Alaska within Emergency Service (ESN) 302; Section 9, T2N,
R12W, Seward Meridian, Alaska within Emergency Service (ESN) 303; Sections 1,
31 AND 32, T5S, R14W, Seward Meridian, Alaska within Emergency Service (ESN)
202 and 401; and Section 12, T4S, R14W, Seward Meridian, Alaska within
Emergency Service (ESN) 401; as approved October 25, 2004.
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held November 22, 2004
in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location Date Time
Cooper Landing Cooper Landing Community Hall November 10, 2004 7:30 p.m.
Anchor Point Anchor River Inn November 16, 2004 7:00 p.m.
December 7, 2004 7:00 p.m.
Moose Pass Moose Pass Community Hall December 1, 2004 7:00 p.m.
The Kachemak Bay Advisory Planning Commission is inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please vedfy 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: plannin_(]EC_.borough.kenai.ak, us
web site' www. borou.qh.kenai.ak.us/planningdept
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
1992
M
MO:
TO
FROM'
Planning & Zoning Commission
Marilyn Kebschull, Planning Administrato
DATE'
November 4, 2004
SUBJECT: Limited Commercial Zone
Attached is a draft of the Land Use Table with the proposed uses for the Limited
Commercial Zone the Commission recommended at the last meeting. In addition,
Retail/Wholesale Business was separated into two categories. And, Fraternal
Organizations, Private Clubs, Social Halls and Union Halls were combined into one
category. With the combination of these four categories, the Commission will need to
recommend whether the use should be a P, C, or N because in the IL, R, and TSH
zones these categories had different designations. These are shown shaded on the
draft table.
I reviewed the City of Soldotna's Limited Commercial District land uses and compared
them to the City of Kenai. The following uses are not listed in the City of Kenai's code:
· Gunsmithing, printing & taxidermy
· Personal Services' Art Studios, barbers, beauticians, dressmakers, dry
cleaner and self-service laundry, fitness centers, photographic studios,
tailors and tanning salons
· Repair Services' Electronics, home appliances, musical instruments,
plumbing and heating and small engines
· Community residences: Correctional community residential centers
· Funeral Homes
· Institutions, handicapped
· Institutions, health care' Nursing or convalescent homes
· Recreation Facilities' Miniature golf
Memo to P&Z re LC zone Land Use 11.3.04.doc
Page 2
The Commission should review these uses with the City of Kenai's Land Use Table and
determine if you want to recommend adding the uses to the table.
(See Draft Land Use Table)
Ill
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Memo to P&Z re LC zone Land Use 11.3.04.doc
Page 3
The Development Requirements Table will need populated for the proposed zone. The
Commission must recommend a minimum lot area for the zone. The City of Soldotna
uses 8400 square feet. It appears that this square footage is the same as their
minimum for residential zones. If Kenai used this guideline, it may be appropriate to
use 7,200 square feet for those areas with City water and sewer. If public utilities are
not available, DEC requires a minimum of 40,000 square feet.
The following examples of building sizes were provided by Bob Springer the City's
Building Official.
The following are professional office buildings:
Nelson and Associates, 155 Bidarka St
Integrity Surveys, 8195 Kenai Spur Hwy.
Dr. Ziruls, 220 Spur View Dr.
1440 sq. ft.
1654 sq. ft.
2610 sq. ft. first floor with 900
sq.ft, second floor
The following are retail/service-oriented buildings:
Kenai Chrysler used car sales,
255 Airport Way
Hertz car sales, 325 Airport Way
DeWayne Electric / M&J Plumbing,
5584 Kenai Spur Hwy
768 sq. ft.
1920 sq. ft.
3400 sq. ft.
(See attached table.)
Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zoning Districts
USES C/RR RR1 RS RS1 RS2 RU/TSH IL/IH/CC/CG R ED LC
MINIMUM LOT AREA
(square feet)
See individual
sections of Code
~Single/Two/Three Family for
Dwelling 20,000 20,000 7,200 12,500 7,200 7,200 requirements 20,000 20,000
Four Family Dwelling 20,000 22,400 9,600 N N 7,200 N N
Five Family Dwelling 22,400 N 12,000 N N 7,200 N N
Six Family Dwelling 24,800 N 14,400 N N 7,200 N N
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More Family each unit each unit
!Dwelling over 7 N over 7 N N 7,200 N N
Footnotes:
(1)
(2)
(3)
Listed square footages are the minimum required for each zone.
Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary.
Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
Memo to P&Z re LC zone Land Use 11.3.04.doc
Page 4
The Development Requirements Table must also be populated for the proposed zone.
Recommendations for this table must be considered with regard to the Commission's
recommended building size. The following information may help guide you in that
decision.
Lot Size 30% Lot Coverage I Open Space
7200 2160 I 5040
Restaurant of 1440
sq. ft.
Restaurant of 2000
sq. ft.
2-Story Restaurant of
4000 sq. ft.
1000 sq. ft. seating
area
1300 sq. ft. seating
area
2640 sq. ft. seating
area
Occupancy Load of
66
Occupant Load of 88
Occupancy Load of
176
Required Parking:
1 per 5 seats = 13
½ per Emp. = 3
Total of 16 spaces
16 X 160 = 2560
sq. ft.
Required Parking:
1 per 5 seats = 18
½ per Emp. = 4
Total of 22 spaces
22 X 160 = 3500 sq. ft.
Required Parking:
1 per 5 seats = 35
½ per Emp. = 8
Total of 43 spaces
43 X 160 = 6880 sq. ft.
The following uses the same lot size for a professional office.
Lot Size
72OO
Office- 1440 sq. ft.
30% Lot Coverage
Open Space
Office- 2000 sq. ft.
2-Story Office - 4000
sq. ft.
Required Parking:
1 per 400 sq ft = 4
4 X 160 =640 sq. ft.
Required Parking:
1 per 400 sq ft = 5.
5 X 160 = 800 sq. ft.
Required Parking:
1 per 400 sq ft = 10
10 X 160 = 1600 sq. ft.
Beauty or Barber
Shop- 1440 sq. ft.
Beauty or Barber
Shop- 2000 sq. ft.
2-Story- Beauty or
Barber Shop - 4000
sq. ft.
Required Parking:
1 per 250 sq. ft -- 6
6 X 160 = 96O
Required Parking:
1 per 250 sq. ft. = 8
8 X 160 = 1280 sq. ft.
Required Parking:
1 per 250 sq. ft. = 16
16 X 160 = 2560 sq. ft.
General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
IL/IH/CC/
USES C/RR RR1 RS RS1 RS2 RU/TSH CG R ED LC
MINIMUM LOT Width (feet) 90 90 60 60 60 60 90 90
~MINIMUM LOT Size (feet) ~
Front ~ 25 25 25 ,25 25 10 25 25
Side z See individual
One-Story s 15 5 5 5 5 5 sections of 15 15
Day-light Basement/Split Level s 15 10 10 10 10 5 Code for 15 15
Two-Story s 15 15 15 15 15 5 4 requirements 15 15
Rear 20 20 20 20 20 10 4 20 20
Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30%
Maximum Height (feet) 35 35 35 35 35
Footnotes:
(1)
(2)
(3)
(4)
Provided that the minimum front setback is measured from any right-of-way or access easement.
Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will
distinguish single and two-story portions of building to verify setback distances are met.
Story is the portion of the building included between the upper surface of any floor and the upper surface of the
floor next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure having a
lower story situated below a one-story is considered a one-story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above
grade.
Daylight basement/split level is defined as one-story plus less than one,half (1/2) the height of the lower story all
situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the
ground between the building and a line five (5) feet from the building.
Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need
not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
Memo to P&Z re LC zone Land Use 11.3.04.doc
Page 5
Recommendations for the proposed zone's sign code must be determined. Attached
are the City's sign code and a copy of the City of Soldotna's sign code.
(See attachments.)
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Z
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Z
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Z
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Z
0
Z
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II
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Exception: In Rural Residential districts, commercial uses allowed under' SMC Title 17
· "· may have one.freestanding sign with a maximum area of 32 sq. fi,.'.
..... . :." .. 2. He!ght. No Sign shall be erected hav~ng, an 0vemll height greater .than 10' .above
~ " 3. Location on pr°party,.. '. N°'.'sPecific'setback. distance shall bo"required., from property'
ge
· ' ".'..'"'i'... '" "1'. General.'-' Unless.regulated:~.elsewhere in this .c°de'i.'the f°l!oWing signs are allowed,
· ' .' with a permit,..in multi-family residential.z0ning districts,'"' - ' '
*' · " .... a, One freestanding or:.wall sig.n.' for subdivisiOn Identification' per'neighborhood,
..'" :.: '.: .... ' · 'subdMsion or development,, not exceeding sixty square feet in sign area.
"'"" .b,-Fo'r churches and. . sYnag0gues, ." one freestanding 'Sign:. nqt.'to"exCeed 'sixty'
·. ; .." square, feet in are:a .and One' wall.sign no.t. tO. exCeed twenty square feet in ama;. ·
'" ' "'.....~.... c,. For' p~'ofe~si0nal: offices,"°ne fi:ees.ta'ndlng"Sign.0r. Wail'Sign' Per P',re..rniSes~. .hot. to
.. .. ;..ex. ed 60 square., f oct .in.' ama' and one-wall sign., not to exceed ~enht square
'i. · - .. '.. . ." 'feet .in areal.' Where a' pr0fess!0nal'office occupancy' has more than' one street
;.... ..' ... ... '. 'frontage, additional signs sha!l'*bel allOwed on the additional fro..n, tage,'but not to
* '- 'exCeed two freestanding, and two Wali signs Per premises.
· -. .. d. For home' oCCupations and permitted conditional uses (sUch· as c°mmercial
" ' fishing.' guides, day cam centers, bed and bmaldast.0perations), one wall sign
'" - not to exceed two square feet in ama;
2. Height.. .No. sign shall exceed twen~ f~et in height. "' .
-. 3. LocatiOn on Property..No sP.ecific, setb~ck distance, .. shalI be reqUired 'from property
"'C.. LImited'commerclal,'Parks and'Recreation.: and Institutional· Districts_....
- .~ 1~ General, unless regulated elsewhere'in this .'code, the following Signs 'are'allOWed,
with a permit,.In the'LC, PR, and insL Disfficts.. '.
a, For churches and synagogues, One freestanding, slgn..and' One wall sign, ..
b, 'For all other-authodzed:useS; one freestanding sign. per promises and-one
· "~ ...wa!l.sign., per.0ccUpancyl· -Where a'build!n'gi.is located on. a COmer, or has mom
· . -...' ...,.. .... 'than-:.one .'street .frontage,' 'additiOnal.. ~s!gns.' Will" be alloWed on ~'the additional·
~,.. .. : -'frontage,. 'but'not .'ex.ceeding.'two' freestanding, signs per..premises and two wall.-
· .. ' 2.. Height. No slgn Shall'be embed 'having'an 0vem!l height greater than twenty [~et..
':"; . ' 3. Area No sign shall'be., erected, having., an.. ama .in e~Cess. . ..cf 60 sqUare, feet as defined
-." ' ' * in Seotion 15.08.020 of. this c, ode.'
"- ' : 4, .Location on'Property Nq'speCific'Setback'distahce. Shall. be'': required frOm property.
..... :-i ....~ General.' Unless regUlated elsewhe, m in this Code, .the.follOwing signs are allowed,
· with.a permit,.i'n the CommerCial'and Ind.ust~ial Dis. tricts~. ' .. ".'
..'." .' .. ....b. One Wall sign per.occupancy;
.. '.c..- One rOof sign per. occupanc3t..;
'' ..' -'d.. One. awning"slgn Per occupanCY, inot :to"eXceed thirty-five .percent of the.
" surface area of'the awning. .....
Ordinance 709..
'21 " 10/26/99 DRA~
Memo to P&Z re LC zone Land Use 11.3.04.doc
Page 6
Last, the Commission must determine landscaping requirements, if any, you will be
proposing for the proposed zone. The City's current landscaping requirements are
minimal. As a sample, attached is a copy of the City of Soldotna's landscaping
requirements.
(See attachment.)
A. Intent. Landscaping required under this section is intended to enhance the community
environment and visual character and to provide attractive and functional separation and screening
between uses.
B. When Required. Landscaping shall be provided according to the general and specific
standards in this section in the following situations:
1) When new permitted structures are erected or altered in the following zoning districts, with
the exception of single-family, two-family, and three-family dwellings: Multi-Family
Residential, Limited Commercial, Commercial, Parks and Recreational, Institutional, and
Industrial;
2)
For all parks and day-use playgrounds in any district; and
3)
When single-family, two-family, or three-family dwellings are changed to any other use in
any non-residential district.
C. Special Definitions. The following special definitions shall apply:
1) "Ground cover" means any landscaping treatment intended to retard weed growth or provide
erosion control in a landscaping bed. Ground cover may include Iow growing plants (such
as grasses), mulch, landscaping rock, or other approved materials.
2)
"Landscaping bed" means an area in which landscaping treatment is planted or placed, and
may include mounds and berms. Where only width is specified, a landscaping bed shall
extend the full length of the property line along which it is required, exclusive of driveways
and other ingress and egress openings.
3)
"Landscaping rock" means any washed, natural rock which is 1 inches to 4 inches in
diameter and used as ground cover; any washed, natural rock which is 18 inches in
diameter or greater and used as a landscaping feature; or any commercially colored rock
intended for landscaping use.
4)
5)
"Mulch" means any dead vegetative matter used as a ground cover and intended for
retarding weed growth, controlling erosion, or conserving moisture (such as bark mulch).
"Net interior area" means the entire interior area of a property, exclusive of structures,
driveways, pedestrian pathways, and parking areas.
D. Application Procedure. A site plan that includes a landscaping plan shall be prepared as
required in Section 17.10.415, Site Plan Review, and an application shall be submitted for approval
as required in Section 17.10.420, Zoning Permit.
E, Waivers and Modifications. The specific standards in subsection G, below, may be waived or
modified upon findings that such waiver or modification shall substantially comply with the
objectives of the specific standard being addressed and comply with the intent and general
standards of this section and the zoning code. The granting of a waiver or modification shall follow
the procedures found in Section 17.10.420, B.4, Zoning Permit.
F. General Standards. The following general planting standards shall apply:
1) Hardiness- All trees, shrubs, or other vegetation in the required landscaping shall be of a
stock rated as hardy for this climatic zone;
2)
Caliper-All deciduous trees planted as required landscaping shall be a minimum 1 1/2 inch
caliper;
3).
Grass seeding- All grass seeding included in a required landscaping plan shall be of native
grass stocks or lawn seed mix intended for this climatic zone. Grass seeding shall occur
between May 15-August 15, or as determined by the Administrative Officer;
City of Soldotna 56 Ordinance 692
4)
Natural vegetation- Natural vegetation may be used in place of any or all of the required
landscaping if the Commission determines it meets the intent of this section;
5)
Parks and playgrounds- Not withstanding the other requirements of this section, the
landscaping in parks and playgrounds shall be designed not to obscure the ability to see by
those who are attending children at play; and
6)
Maintenance- All landscaping required to meet the minimum standards of this section shall
be continuously maintained to meet these standards.
G. Landscaping Types and Specific Standards. In addition to the general standards, additional
standards are required to be met for each of the following landscaping types:
1) Interior enhancement landscaping provides visual relief from structures and paving, and
provides areas for storm water percolation and pervious snow storage. The net interior area
of properties within zoning districts which are required to have landscaping (exclusive of
structures, driveways, pedestrian pathways, and parking areas) shall meet all of the
following minimum standards:
a. Ground cover- 100 percent ground cover within 3 years of planting and continuous
maintenance so there will be no exposed soil;
b. Trees- At least 1 planted tree for every 500 square feet of net interior area.
Evergreen trees shall be a minimum of 5 feet in height at planting;
c. Shrubs- At least 1 for every 100 square feet of net interior area. Shrubs shall be a
minimum 12 inches in height at planting; and
d. Minimum interior landscaping- Properties which exceed 1 acre in size shall have a
minimum net interior landscaped area of at least 5 percent, exclusive of other
minimum landscaping required by this section. The intent of this requirement is to
create visual relief within large developed areas.
2)
Street right-of-way landscaping softens the impact of land uses along street rights-of- way,
but does not obscure land uses from sight. Properties within zoning districts which are
required to have landscaping and which are adjacent to municipal street rights-of-way shall
have landscaping beds which meet all of the following minimum standards; except where
properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may
approve alternatives which meet the intent of this section but protect landscaping from
winter maintenance damage.
a. Landscaping beds- Minimum of 10 feet in width along the entire length of property
lines which adjoin street rights-of-way, exclusive of driveways and other ingress and
egress openings;
b. Ground cover- 100 percent ground cover of the landscaping bed within 3 years of
planting and continuous maintenance so there will be no exposed soil;
Trees- Evergreen trees and/or deciduous trees planted at average intervals in the
landscaping bed no greater than 10 feet on center and a minimum of 4 feet in
height at planting;
Shrubs- At least 1 for every 25 square feet in the landscaping bed. Shrubs shall
be a minimum 12 inches in height at planting.
C,
3)
Buffer landscaping serves to separate Iow to medium density residential districts from
higher density residential and non-residential districts and minimizes the effects of one land
use on the other. Properties within zoning districts which are required to have landscaping
and which are adjacent to residential districts shall have landscaping beds which meet all of
the following minimum standards:
a. .Landscaping beds- Minimum of 10 feet in width along all property lines which
adjoin residential districts, exclusive of driveways and other ingress and egress
openings. A 6 feet high cedar or redwood fence or masonry wall may be used in
place of 5 feet of the required bed width. The remaining 5 feet of landscaping bed
shall be outside of the fencing or wall;
City of Soldotna 57 Ordinance 692
d,
Ground cover- 100 percent ground cover within 3 years of planting and continuous
maintenance so there will be no exposed soil;
Trees- Evergreen and/or deciduous trees planted at average intervals in the
landscaping bed no greater than 10 feet on center. Evergreen trees shall be a
minimum 6 feet in height at planting and deciduous trees shall be a minimum 8 feet
in height at planting, with no more than 50 percent being deciduous;
Shrubs- At least one for every 50 square feet in the landscaping bed and a
minimum 18 inches in height at planting.
4)
Screening landscaping obscures the sights and softens the sounds from mobile home
parks, industrial uses and parking areas. Properties within the Industrial District and all
parking areas adjacent to residential districts shall have landscaping beds which meet all of
the following standards:
a. Landscaping beds- Minimum 10 feet in width along the entire length of property
lines which adjoin residential districts, exclusive of driveways and other ingress and
egress openings. A 6 foot high cedar or redwood fence or masonry wall may be
used in place of 5 feet of the required bed width. The remaining 5 feet of
landscaping bed shall be outside of the fencing or wall;
b. Ground cover- 100 percent ground cover within 3 years of planting and maintained
continuously so there will be no exposed soil;
c. Evergreen trees- Minimum of 6 feet in height at planting and planted in a minimum
of two, equally staggered rows. The completed project as viewed from the
adjoining residential district shall appear to have a tree every 5 feet;
d. Shrubs- At least one for every 25 square feet in the landscaping bed and a
minimum 12 inches in height at planting.
H. Installation of Landscaping. Landscaping shall be installed prior to the issuance of a final
Certificate of Occupancy. In the event landscaping installation must be delayed due to seasonal
reasons, a date certain for installation of the landscaping shall be established by the Administrative
Officer. That date certain shall be the earliest date possible for completion of the landscaping
installation.
I. Landscape Guarantee. Prior to the approval of any building permit, a cash security in an
amount equivalent to the value of the landscaping work or a warranty from a bonded, licensed
landscaping contractor shall be submitted to the Administrative Officer to guarantee installation and
maintenance of required landscaping. The security shall be released upon satisfactory landscaping
installation in accordance with the landscaping plan and continued maintenance for a term of 1
year.
17.10.340 Natural Resource Extraction
City of Soldotna 58 Ordinance 692