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HomeMy WebLinkAbout2004-10-13 Planning & Zoning Packet COMMISSION CHAIR REPORT October 13, 2004 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: 5c/h 5d 5c & 5d 10a 10b Email from John and Glenda Landua Chronological History of Permits for 406 S. Forest Drive Replace Council Report 10/6/04 Add Borough Report 10 / 11/04 Staff Staff Staff Staff le 0 CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 13, 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. *APPROVAL OF MINUTES: a. *September 22, 2004 b. *September 22, 2004- Work Session 3. SCHEDULED PUBLIC COMMENT: e Se CONSIDERATION OF PLATS: a. PZ04-42 - Preliminary Plat- Redoubt Terrace Bluff View Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. PUBLIC HEARINGS: a. PZ04-30 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e). PZ04-4 l~An application for a Conditional Use Permit for a daycare for the property known as Lot 11, Block 4, Redoubt Terrace Subdivision (1511 Fathom Drive), Kenai, Alaska. Application submitted by Sonia Tribble dba Nana's Place, 1511 Fathom Drive, Kenai, Alaska. PZ04-43 - An application for an Encroachment Permit for rear and side setback encroachments 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. 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. b, Co do 6. OLD BUSINESS: e NEW BUSINESS: a. *PZ04-45 - An application for a Home Occupation Permit for a daycare for the property known as Lot 32, Block 1 Redoubt Terrace Subdivision (1614 Tanaga Avenue), Kenai, Alaska. Application submitted by Kathryn Medcoff, 1614 Tanaga Avenue, Kenai, Alaska. b. Structure Improvements, Lot 6A, Block 1 Gusty Subdivision No. 4, 11616 Kenai Spur Agenda Page 2 October 13, 2004 Highway/445 Coral Street, Leased by Pingo Properties, Inc. and Geoffrey M. Graves. Review/ 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. Zoning Bulletin (9/10/04) b. November 24th Meeting Cancellation Memo c. KPB Comprehensive Plan Update Letter dated 9/29/04 d. Ordinance No. 2071-2004 - finding that certain City-owned land, identified as Lots 1 & 2, Block 6 Mommsens S/D Replat of Additions 1 & 2, located at 2402 & 2406 California Avenue in Kenai are required for Public Purpose. e. Building Permits Quarterly Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session immediately following regular meeting Development of Limited Commercial Zone. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 22, 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. *September 8, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS' 5. PUBLIC HEARINGS: a. PZ04-40 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, to Amend KMC Mobile Homes - KMC 14.20.320 (b) by changing the definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." 6. OLD BUSINESS: a. Section 36 Public Purpose Parcels- Discussion and Recommendation to Council - Postponed from September 8, 2004. b. PZ04-30 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e).- Discussion- Postponed from July 14, 2004. 7. NEW BUSINESS: a. Holiday meeting schedule- Discussion 8. PENDING ITEMS' 9. CODE ENFORCEMENT: 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTs & QUESTIONS: 14. ADJOURNMENT' CITY OF KENAI PLANNING/l~ ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 22, 2004- 7:00 P.M. VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER Vice Chair Bryson 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' P. Bryson, J. Twait, J. Hammelman, N. Amen, J. Barrett C. Glick, B. Eldridge City Planner Marilyn Kebschull, Council Member Rick Ross, and City Clerk Carol Freas 1 -b. Agenda Approval Bryson requested the following changes to the agenda: REPLACE: Item 2a, Page 1/Minutes of the September 8, 2004 Planning Zoning Commission meeting/replace Page 1. ADD' Item 1 la, Persons Present Not Scheduled: Barbara & David Dickerson and move 1 la to be heard after Item 3. MOTION' Commissioner Amen MOVED to approve the agenda as amended, replacing the minutes page and moving 1 la to after Item 3. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Hammelman MOVED to approve the consent agenda as presented and Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2' APPROVAL OF MINUTES -- September 8, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 11: PERSONS PRESENT NOT SCHEDULED David/1~ Barbara Dickerson~ 1508 Fathom Drive~ Kenai-- Mr. and Mrs. Dickerson expressed their thanks to the Commission relatin§ to their twice denial of variances requested by Tracy Jones for a buildin~ on property situated in Inlet Woods Subdivision. Mr. Dickerson added his thanks for their time and effort in being on the Commission and involved in issues that are often difficult. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS PZ04-40 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, to Amend KMC Mobile Homes - KMC 14.20.320 (b) by changing the definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." Kebschull stated, the issue originally came as a recommendation of whether or not to limit modular homes to certain zones and the Commission decided it did not want to amend the code for that reason. However, in doing the research, it was found the city's current definitions in the code for "manufactured housing and mobile homes" needed to be updated to bring it to current standards, as well as adding a definition for "modular homes." MOTION: Commissioner Amen MOVED to approve Resolution No. PZ04-40 and send a recommendation to council the changes are needed to be made. Commissioner Twait SECONDED the motion. There were no public comments. Amen asked if any feedback had been received from individuals to be affected, i.e. construction contractors, etc. Kebschull stated she had not and added, the code currently allows temporary use of mobile homes dUring construction for offices. Kebschull added, HUD changed their definition from mobile home to manufactured home, and because of the way it has been viewed and the common perception of what a mobile home is locally, it was decided not to use their definition for mobile homes but modified the city's definition for manufactured homes to separate them. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 22, 2004 Page 2 VOTE: iBryson Eldridge Glick Yes Twait Yes Hammelman Yes Absent Amen Yes Barrett Yes Absent MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS Discussion/Recommendation to Council-- Section 36 Public Purpose Parcels -- Postponed from September 8, 2004. It was noted, the item had been postponed at a previous meeting to await a recommendation and comments from the Parks & Recreation Commission. Bob Frates, Director, Parks & Recreation Department -- Frates reported the Commission met in a special meeting on September 21, 2004 and recommended setting aside parcels #043-010-38, #043-010-33 and #043-010-34 in Section 36 for public purpose, i.e. sport/socq.e,? fields. Vice Chair Bryson stated his firm'was requested to provide a proposal for the use of the property and would not vote on the issue. The gavel was passed to Commissioner Amen. Bryson requested Kebschull explain the process for setting aside property for a public use. Kebschull noted, typically the request comes from a party who has an interest in the property. In this case, the Parks & Recreation Commission, a public entity, requested the properties be kept for a public use. MOTION: Commissioner Hammelman MOVED the Planning & Zoning Commission recommend to council the property be retained for public purpose. Commissioner Barrett SECONDED the motion. VOTE: Bryson Abstain Twait Yes Hammelman Yes Eldrid§e Absent Amen Yes Barrett Yes Glick Absent MOTION PASSED UNANIMOUSLY. .. The gavel was passed back to Vice Chair Bryson. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 22, 2004 Page 3 Discussion/PZ04-30 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e). -- Postponed from July 14, 2004. Kebschull reviewed a memorandum included in the packet explaining the issue was brought to the Commission as a proactive measure to insure the use of recreational vehicles within the City of Kenai met the intent of KMC 14.20.245. She noted, there had been isolated incidents in which individuals had assumed that, because they owned property, they could use it for long-term use of their recreation vehicle, creating a loophole wherein a recreational vehicle is parked on a vacant lot for the summer, and as long as it is not being used or it is unhooked during the 30 days, it could be set up permanently. She noted picture included in the packet which was an example of what could happen. Kebschull reported she contacted an individual who had purchased several parcels in the city and has placed, what appeared to be, driveway parking pads on the parcels for the purpose of placing a recreation vehicle for summer use. The amendment would eliminate the loophole and help administration with code enforcement. Discussion followed in which it was questioned whether the recreational vehicle would need to be occupied versus one parked/stored. Kebschull answered, the definition for long-term use includes occupancy and living accommodations. A recreational vehicle could be stored on a lot, but not hooked up for living uses (like the one in the picture included in the packet). Bryson noted, the recreational vehicle situated at 604 Peninsula Avenue (pictured in the packet), was a situation that developed during the summer, but was discontinued and moved. He noted, the items referred to in the memorandum were situations that have potential for happening. Kebschull noted, the resolution had been before the Commission for public hearing and was postponed. The City Attorney has advised her the Commission would need to determine whether it wants the resolution to be returned for consideration, and if so, another public hearing will need to scheduled. MOTION: Commissioner Hammelman MOVED to request staff to set up a public hearing for a review of PZ04-30 and Commissioner Amen SECONDED the motion. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 22, 2004 Page 4 Kebschull stated she could set the public hearing for the next Commission meeting. VOTE: There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS Discussion -- Holiday meeting schedule Kebschull reported the second Commission meeting in November falls on Thanksgiving Eve. In recent years, the Commission has requested to cancel the meeting. Kebschull asked the Commission if they wished to request the meeting be cancelled. She noted, with an early request, issues coming forward can be scheduled accordingly. MOTION: Commissioner Amen MOVED to request the meeting be cancelled and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda for the September 15, 2004 council meeting was included in the packet. There were no questions or discussions on any of the council meeting issues. 10-b. Borough Planning -- Bryson referred to the meeting agenda included in the packet and reviewed actions taken. He noted, two public hearings were held on gravel pit operations; one in Sterling and one on Ciechanski Road. Bryson reported the Sterling pit was approved and the Ciechanski Road pit was denied. He added, the Borough does not have regulations to restrict filling in borrow sites unless it is tied to a permit. This pit does not have a permit at this time, so it is currently unknown what will be done with the pit. 10-c. Administration -- Kebschull reported the following: · Administration had been busy working on updating the GIS system with new parcel data from the Borough, as well as inputting water/sewer information. She added, it was her understanding all the plats included are final. · There will be several public hearings on the next Commission agenda. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 22, 2004 Page 5 ITEM 11: PERSONS PRESENT NOT SCHEDULED -- Moved to after Item 3. ITEM 12: INFORMATION ITEMS -- None. ITEM 13: COMMISSION COMMENTS & QUF~TIONS Commissioner Amen referred to appeal instructions provided by administration and suggested they be made available to the public. Clerk Freas noted, they are made available individually and are available in her office. ITEM 14: ADJOURNMENT MOTION: Commissioner Amen MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. The meeting adjourned at approximately 7:25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 22, 2004 Page 6 CITY OF KENAI PLANNING ~ ZONING COMMISSION WORK SESSION CITY COUNCIL CHAMBERS SEPTEMBER 22, 2004- 7:00 P.M. VICE CHAIR PHIL BI/YSON, PRESIDING The work session began at approximately 7:35 p.m. Kebschull reported, council was contacted by individuals who desired to purchase property along Lawton Drive. The property is currently zoned Conservation and there are issues of whether there was desire to develop the property and developing a zone conducive to what it is felt would be acceptable business development for the area. She noted, council has suggested a mixed-use zone. She used an area on Binkley Street in Soldotna as an example and distributed a copy of a portion of the Soldotna City Code defining their Limited Commercial District (LC). The Commission reviewed the memorandum distributed prior to the work session, which included a copy of a proposed Limited Commercial Zone (LC) for the City and a copy of the Land Use Table which included an LC zone, but would require the Commission to decide what uses would be allowed, etc. Discussion followed which included the following comments: · "Repair services" was suggested not to be a permitted use. · Commercial and industrial zones have no lot size requirements. · Commission may want to consider whether a separation between zones should be required (for this zone and others as well). · Including more specific landscaping requirements. · Limiting sign size. · Including parking requirements. · What uses will be permitted. · The Comprehensive Plan discusses a zone that would allow neighborhood uses. Bryson noted, if a LC Zone is created, it would be another description of a zone with no acreage identified. The Commission would then decide what areas of the city could be rezoned to fit an LC zone and if the newly zoned area is adjacent to other zones, the impacts it could have to the other zones. Bryson suggested the Commission look at services that would not draw large crowds and impact would be low, i.e. small scale professional offices, consumer services, retail businesses, guide services (without storage), etc. Kebschull stated no decision would be required at this work session and requested the members review the information, the Soldotna code, consider what types of businesses they felt would be acceptable, limitations, etc. She noted, several work sessions may be necessary to work through the ordinance development. Upon reaching a consensus from the work sessions, the ordinance would be brought forward to the Commission for public hearing, a recommendation would be made to council, the council would hold its public hearing, and then it would be 30 days from council's approval prior to the ordinance becoming effective. Bryson reminded members, the definition would need to be broader than just for Lawton Drive properties. Kebschull requested direction from the Commission. Consensus was they would study the provided information; meet in work sessions following the next several Commission meetings to continue the development of the ordinance and land use information; and then, follow through with public hearing, etc. Work session notes prepared by: Carol L. Freas, City Clerk STAFF REPORT To: Planning & Zoning Commission Date: September 23, 2004 Res: PZ04-42 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat - Redoubt Terrace - Bluff View Replat Legal Description: A replat of Lot 1, Block 6, Redoubt Terrace Subdivision Add. No 3 Street Address: 406 South Forest Drive KPB Parcel No.: 04714024 & 04701 026 Existing Zoning: RS - Suburban Residential & Split Current Land Use: Residential & Vacant Land Use Plan: Neighborhood Residential & Conservation/Open Space ANALYSIS Plat subdivides a portion of a large parcel to add square footage to the parcel currently identified as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3. The newly created Lot lA, Block 6 will create a split-zone situation with the new portion being zoned conservation. The City of Kenai's development requirements for the suburban residential zone requires a minimum of 7200 square feet and the conservation zone requires a minimum of 20,000 square feet (requirements assume city water and sewer). According to the Kenai Peninsula Borough's records, the current Lot 1, Block 6 is .38 acres, 16,552.8 square feet. The preliminary plat shows the new Lot lA, Block 6 as containing 35,330 square feet. Using this data, the conservation portion would contain 18,777.2 square feet and does not meet the minimum lot size for the conservation zone. Based on a 1997 as-built survey, there are rear and side yard encroachments. Since 1997, an addition has been added along Toyon Way. 04-42 Comment.doc Page 2 City Engineer' Nothing additional. Building Official' Nothing additional. RECOMMENDATIONS Recommend approval with the requirement that Redoubt Terrace Bluff View Replat not be recorded until the following conditions are met: · m 1 A variance for minimum lot size should be applied for and granted o__Lr the applicant should request and receive a rezone of the conservation portion of the lot to suburban residential. Parcel is developed and plat should verify there are no encroachments. According to an asbuilt dated 4/28/97, there are front and side setback encroachments on the current Lot 1, Block 6 Redoubt Terrace Subdivision Add. No. 3. The owner of this lot has applied for an Encroachment Permit that will be heard by the Commission on 10/13/04. If the permit is approved, the encroachments will not be an issue. If the permit is denied, the plat should not be approved. A current asbuilt should be submitted to insure there are no encroachments resulting from the addition along Toyon Way. ATTACHMENTS' · Resolution No. PZ04-42 Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-42 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMEND~G THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Redoubt Terrace BluffView Replat was referred to the City of Kenai Planning and Zoning Commission on September 22, 2004 and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS - Suburban Residential & Conservation and therefore subject to said zone conditions. 2. Water and sewer: Service to Lot 1, Block 6 Redoubt Terrace Subd. Add. No. 3 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: (See Page 2) NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE REDOUBT TERRACE BLUFF VIEW REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October 13~ 2004. CHAIRPERSON: ATTEST: 0442 Res.doc Page 2 Redoubt Terrace Bluff View Replat should not be recorded until the following conditions are met' · 1 1 A variance for minimum lot size should be applied for and granted o_r the applicant should request and receive a rezone of the conservation portion of the lot to suburban residential. Parcel is developed and plat should verify there are no encroachments. According to an asbuilt dated 4/28/97, there are front and side setback encroachments on the current Lot 1, Block 6 Redoubt Terrace Subdivision Add. No. 3. The owner of this lot has applied for an Encroachment Permit that will be heard by the Commission on 10/13/04. If the permit is approved, the encroachments will not be an issue. If the permit is denied, the plat should not be approved. A current asbuilt should be submitted to insure there are no encroachments resulting from the addition along Toyon Way. z _ CITY OF KENAI PLANNING & ZONING COMMISSION PZ04-30 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMEND~G TO THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 14.20.245 OF THE KENAI ZONING CODE BE AMENDED BY ADDING SECTION (d) (5) TO PROHIBIT PARKING OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY THAT HAS NO PRINCIPAL PERMITTED STRUCTURE EXCEPT AS OTHERWISE ALLOWED UNDER KMC 14.20.245(e). WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles in the City of Kenai; and WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living accommodations of recreation vehicles; and WHEREAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational vehicles for occupancy and living accommodations on private property that is not a permitted recreational vehicle park if it is not set up for long-term use including skirting, connection to electrical, sewer, water, natural gas or external fuel tanks; and WHEREAS, the intent of that exception was to allow short-term occupancy of recreational vehicles by visitors such as friends and relatives on otherwise occupied property; and WHEREAS, use of recreational vehicles for occupancy or living accommodations on vacant lots is not consistent with the intent of the exception in KMC 14.20.245(d). NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA BE AMENDED BY ADDING KMC 14.20.245(d)(4) AS FOLLOWS: (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street, road, alley, or fight-of-way. (2) While such vehicle is parked on City property not designated as a recreational vehicle park. (3) While such vehicle is parked on private property and set up for long-term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. [4) While the recreational vehicle is parked on private property with no principal permitted structure located on the property, except as otherwise allowed in KMC 14.20.245(e). PZ04-30 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of October 2004. Chairman ATTEST: Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.245 BY ADDING SECTION (d) (5) TO PROHIBIT PARKING OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY THAT HAS NO PRINICIPAL PERMITTED STRUCTURE EXCEPT AS OTHERWISE ALLOWED UNDER KMC 14.20.245(e). WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles in the City of Kenai; and .WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living accommodations of recreation vehicles; and WHEREAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational vehicles for occupancy and living accommodations on private property that is not a permitted recreational vehicle park if it is not set up for long-term use including skirting, connection to electrical, sewer, water, natural gas or external fuel tanks; and WHEREAS, the intent of that exception was to allow short-term occupancy of recreational vehicles by visitors such as friends and relatives on otherwise occupied property; and WHEREAS, use of recreational vehicles for occupancy or living accommodations on vacant lots is not consistent with the intent of the exception in KMC 14.20.245(d). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.245 be amended by adding KMC 14.20.245(d)(4) as follows: {d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street, road, alley, or right-of- way. (2) While such vehicle is parked on City property not designated as a recreational vehicle park. (3) While such vehicle is parked on private property and set up for long- term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. [4) While the recreational vehicle is parked on private property with no principal permitted structure located on the property, except as otherwise allowed in KMC 14.20.245(e). Ordinance No. -2004 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of July 2004. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: (6/25/04 sp) STAFF REPORT To: Planning & Zoning Commission Date: September 15, 2004 Res: PZ04-41 GENERAL INFORMATION Applicant' Sonia Tribble P.O. Box 1738 Kenai, AK 99611 335-1960 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Conditional Use Permit- Daycare Lot 11, Block 4, Redoubt Terrace Subdivision 1 511 Fathom Drive 0471 3033 RS - Suburban Residential Residential Medium Density Residential ANALYSIS General Information' KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met 0441 Commem. doc Page 2 by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. · Applicant is applying for a Conditional Use Permit for a daycare to expand her current daycare she operates as a Home Occupation Permit to allow her to care for twelve (12) children. Kenai Municipal Code 14.20.230 (Home Occupations) limits the number of children in the home to eight (8) children under the age of 12 including the caregiver's children. The application provides description of the proposed activity with floor and parking plans. The applicant recently moved to this location and was approved to operate her daycare in June of this year. The applicant has operated a daycare since October 2001 at a previous location. The applicant was approved by the State of Alaska for a Group Home daycare license that allows her to care for 1 2 children under the age of 1 2 including their own. At this time, the applicant has 9 children enrolled in her daycare. Her State License allows her to have no more than 12 children under the age of 12 during normal operating hours and no more than 5 children over night including her own. Applicant states she is listed as being open 24/7, for emergency situations, but currently operates her daycare during normal working hours and only allows her grandchildren over night. The downstairs is dedicated to the daycare, all children under the age of 3 must be taken upstairs during snack/lunch times this is a requirement of the state licensing. The applicant has 4 operating cameras in the downstairs area that allows her to monitor activities by tv-monitors while she is upstairs. Applicant has a fenced backyard for the children's outside activities. The home has sufficient off-street parking for the daycare that meets code requirements for the use. (KMC 14.20.250 regulates off-street parking requirements.) The Conditional Use Permit will allow the applicant to increase the number of children in her care. The daycare continues to meet the square footage requirement for a home occupation. The Building Official reviewed the Building Code and believes that along as the applicant has no more than 5 children, including her own, over night the building would meet the Building Code requirements 308.3.1. The Fire Marshal previously inspected the home on June 6, 2004 and has no fire safety concerns on this occupancy. 0441 Comment.doc Page 3 City Engineer: Not available for comments. Building Official: No additional comments. RECOMMENDATIONS The applicant has provided a description of the proposed daycare. The existing home occupation allows eight children under the age of 12 including those related to the caregiver. There have been no complaints received by the City. The daycare does not appear to adversely affect the neighboring properties. Recommend approval with the following requirement' · 1 Premises must be inspected by the Fire Marshal yearly to insure compliance with the fire code. Applicant licensed for 12 children including her own and no more than 5 over night including her own per State regulations. ATTACHMENTS: 1. Resolution No. PZ04-41 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-41 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: $onia Tribble dba Nana's Place USE Daycare Facility LOCATED 1511 Fathom Drive - Lot 11, Block 4, Redoubt Terrace Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04713033 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 13, 2004 , This request is on land zoned: RS - Suburban Residential . That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Premises must be inspected yearly by Fire Marshal. b. Applicant licensed for 12 children under the age of 12 including her own and no more than 5 over night including her own per State regulations. , That the Commission conducted a duly advertised public heating as required by KMC 14.20.280 on: October 13, 2004. o Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DAYCARE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 13~ 2004. CHAIRPERSON: ATTEST: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ CONDITIONAL USE PERMIT APPLICATION Date' Applicant's Name' Business Name' Phone: ....~,5--- ,19 &D Mailing Address: Street Address: ,]~.,t] (Where permit will be operated from.) / Legal Description of Property: Kenai Peninsula Borough Parcel No." ~5~ 4 7/~9 .~ ~.~ City of Kenai Zoning' Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have perm~ission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed bUildings or alteration on the affected property., plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired.. The proposed use is in harmony with the Comprehensive Plan. PubliC services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. Applicant: Date: certify that the information provided is accurate to the best of my knowledge. / / /' ....,,::: Attachment: KMC 14.20.150 aZ. -~Z .ax.", · '. . LOT ]1, BLOgI: 4, P~IJOUBT .'rEPJL~CE CITI OF Yd~[[I, Field Ir, specLed 6-7-77. This sut'vey ts i)resently coFrecE. .~-'~ './~:-..'"J . !.:n I o,,e , R . I.. S . J Kebschull From: Sent: To: Subject: Glenda & John Landua [landua~__.ptialaska.net] 12 October, 2004 8:49 PM Marilyn Kebschull PZ04-43, PZ04-44 TO' Planning and Zoning Commissioners, City of Kenai FROM: John Landua Glenda Landua 1520 Toyon Way Kenai, AK 99611-7925 907. 283. 6851 DATE: October 12, 2004 RE' PZ04-43, Application for an Encroachment Permit for rear and side setback encroachments 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 PZ04-44, 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. Dear Commissioners' These are the second and third requests to permit non-compliance that we are aware of for this property. Structures and appurtenances on this parcel appear to encroach already into several setbacks, and may be in a state of non-conformance in other respects. Before deciding whether or not to grant Encroachment Permit PZ04-43 or Conditional Use Permit PZ04-44, I respectfully request that Staff report on and the Commissioners consider' 1. Ail historical Notices of Violation regarding non-conforming conditions for this parcel; 2. Ail historical applications for permit of non-conforming conditions for this parcel; 3. Whether or not the non-conforming conditions existed before the Application for Permit was submitted (whether any permits were granted after-the-fact); 4. Comments from the Building Official regarding compliance by the owners with building plans submitted and permitted. If the record indicates historical problems with compliance and non-conformance, please reject the Application for Encroachment Permit PZ04-43 and the Application for Conditional Use Permit PZ04-44. October 13, 2004 The following provides a chronological history of permitting for building and zoning issues for the property located at 406 South Forest Drive: DATE July 7, 1982 July 18, 1990 September 11, 1996 July 23, 1997 August 25, 1997 September 3, 1997 June 30, 1998 June 23, 1999 CITY OF KENAI PERMIT INFORMATION -406 S. FOREST DRIVE Building permit B-1824 was issued for a 4-plex with a detached 24X50 garage. Setbacks were noted as 25' front, 15' side and 20' rear. Inspections were performed 6-15-82 through 2-1-83. CO #0242 was issued on 2-1-83 for a 4-plex. Building permit B-2823 was issued for a glass solarium. Howard Hackney performed an inspection on 1-3-91. PZ96-59- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for Daily Rentals. The Commission denied the request. No appeal was filed. PZ97-34- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for a Bed and Breakfast. The permit was approved. Building permit B-3440 was issued for a 600 sq. ft. garage addition. Minimal plans were provided. An as built was provided in which an encroachment was noted on the existing 4-plex. Since the permit was requested for a garage addition to the separate garage building and it did not increase the non-conformity of the existing 4-plex it was issued without requiring an encroachment permit. Inspections were performed 9-3-97 through 11-8-00. An inspection was performed on the underground plumbing for a bathroom not indicated on the submitted plans. At that time Mr. Craig did not indicate the use of this structure to have changed and a bathroom is allowed by code in a garage. (B-3440) During a framing inspection it was discovered the garage addition had a second floor and Mr. Craig indicated it would be used as a bedroom. He was then informed of the building code requirements for installation of a bedroom. (B-3440) PZ99-25 - Redoubt Terrace Subdivision Bluff View Condominium Preliminary Plat reviewed and approved by Planning & Zoning Commission with recommendations that prior to. plat being recorded that the plat verify no encroachments existed and that the building was constructed to required building codes for use. July 23, 1999 September 13, 1999 November 8, 2000 May 23, 2002 June 12, 2002 July 10, 2002 July 12, 2002 July 16, 2002 July 19, 2002 Redoubt Terrace Subdivision Bluff View Condominiums recorded without meeting recommendations of City of Kenai. During a final inspection it was discovered that Mr. Craig was living in the upper floor and a portion of the garage area but indicated the garage would still be used as a garage. Corrections were required for compliance with building codes. (B-3440) A final re-inspection was performed on permit B-3440. Previous corrections had been completed. No as built was provided and no CO was issued. Mr. Craig applies for a building permit to build a garage/storage addition to be attached to the previous garage built under permit B-3440. PZ02-32 - The Planning and Zoning Commission held a public hearing on an application for an Encroachment Permit for a 4.8-foot front setback encroachment resulting from the conversion of the garage to living space. The permit was approved. (Building Permit B-3440.) PZ02-39 - The Planning and Zoning Commission held a public hearing on an application for a Variance for lot coverage and front setbacks. The Commission denied the request. Mr. Craig appealed decision to the Board of Adjustment. Mr. Craig was notified by mail of a need to get a permit for the conversion of the garage built under B-3440 to living space. At this time he was first notified of the encroachments to the existing 4-plex built under permit B-1824. In this same letter Mr. Craig was notified of denial of a building permit for a proposed addition to the structure built under permit B-3440 because of too high of a lot coverage. Mr. Craig was notified of requirements necessary to obtain approval of a revised plan to the one he submitted on May 23, 2002 for a building permit for a proposed addition to the structure built under permit B-3440. Mr. Craig did not agree to these requirements; therefore, no permit was issued and he submitted a different plan. Building permit B-3902 was issued for the conversion of the garage built under permit B-3440 to a residential use. The garage met the setback requirements but since the building was converted to residential use an encroachment now existed. The Planning & Zoning Commission granted Mr. Craig an encroachment permit for this. (PZ02-32) 406 S. Forest Drive Page 2 July 24, 2002 July 26, 2002 August 21, 2002 September 9, 2002 September 19, 2002 September 19, 2002 September 20, 2002 June 16, 2003 June 17, 2003 December 17, 2003 December 30, 2003 Mr. Craig resubmitted plans for an addition to the building built under B-3440. After review of the revised plans, Mr. Craig was notified of denial of building permit for an addition to the building built under B-3440 due to several building and zoning code issues. Board of Adjustment held the appeal hearing on PZ02-39. Mr. Craig submitted a revised plan for an addition to the building built under permit B-3440. Building permit B-3938 was issued for an 816 sq. ft. residential and 408 sq. ft. garage addition to the building built under permit B-3440. Two floors of residential use over the garage were indicated in this permit. This permit was issued with a plan review letter stating the requirements for approval. Mr. Craig initialed the bottom of the letter acknowledging that he read and agreed to these requirements. Inspections were performed 10-1-02 through 8-4-03. The Board of Adjustment issued their decision on the appeal of PZ02-39 and upheld the Planning & Zoning Commission's denial. Mr. Craig was notified by mail that the setback requirements had been left off the permit B-3938 that was issued on 9-19-02 and was then clearly stated what those requirements were in that letter. During an electrical/plumbing inspection it was noted that no access to the third floor was present. Mr. Craig now indicated access would be through a solarium and stairway from the existing building. Mr. Craig was notified by mail of additional correction requirements for the electrical and plumbing inspection dated 6-16-03. The letter also stated that access was not provided to the third floor as required by the plan review letter for issuance of permit B-3938 dated 9-19-02 and accepted. Since Mr. Craig now indicated access would be through a solarium and stairway from the existing building, he was notified that an additional building permit would be required to constrUCt this. Diane Craig sent letter-requesting copy of building code that states nd access to 2 and 3rO floor from inside unit. Responded to Ms. Craig's letter of 12-17-03 and again notified them of the requirements of the plan review letter for issuance of permit B-3938. 406 S. Forest Drive Page 3 August 26, 2004 August 30, 2004 September 1, 2004 September 22, 2004 Letter to Diane Craig explaining the zoning for the parcel and that the structure is considered multi-family. Explained that a condominium would require a Conditional Use Permit and that an Encroachment Permit would be required for the rear and side setback encroachments. Meeting with DeWayne Craig, Building Official, and City Planner. Reviewed the zoning code requirements for setbacks and condominiums and provided applications for both permits. Letter received from Attorney Mark Osterman representing the Craigs and questioning the City's definition for dwelling. Mr. Osterman believed that requiring an interior staircase (Building Permit B-3938) was made without basis and requested the City reconsider the requirement. Applications received for an Encroachment Permit and a Conditional Use Permit from the Craigs. October 5, 2004 Letter from City Attorney Cary Graves in response to Mr. Osterman's letter advising that the conditions of Building Permit B-3938 would not be changed. As of October 13, 2004, the following issues are unresolved with this parcel' According to the citY's records, no permit was ever issued for Unit 5. Building permit B3938 is outstanding and the unit has not been constructed with the interior staircase as was required in the permit review. No CO for structure built under Building Permit B-3938 has been issued; therefore, occupancy is not permitted. · The rear and side-yard encroachments. (PZ04-43) · The condominium request. (PZ04-44) 406 S. Forest Drive Page 4 STAFF REPORT To: Planning & Zoning Commission Date: 9/29/04 Res: PZ04-43 GENERAL INFORMATION Applicant: F. DeWayne & Diane E. Craig P.O. Box 1613 Kenai, AK 99611 283-7842 Requested Action' Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit - Side and Rear Setbacks Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS- Suburban Residential Residential Neighborhood 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. 0443 Comment.doc Page 2 The structure identified as Units 1-5 on the attached drawing was constructed in 1982. At that time, no as-built was required. During permitting reviews in past years, it was discovered that the structure encroached into the rear and side setbacks. There is an approximately 2.2- foot encroachment into the twenty-foot rear setback and a 9.9-foot encroachment into the fifteen-foot side setback. Applicant would like to take care of these encroachments. The applicants have submitted information for the Commission to take into consideration when reviewing their application. They state that the building inspector in 1982 gave them permission to construct the building five feet from the property line. The original building permit issued July 7, 1982 clearly states the setbacks as' Front yard - 25, Side yard - 15, and Rear yard - 20. A copy of that permit is attached. They also provided additional information about other permits and inspections received on this parcel. The building permits noted in 1997 and 2000 and the variance in 2002 did not apply to this structure. Those permits were for the structure noted as garage on the attached as-built. Because there were two'separate structures on the parcel, the encroachment currently being considered was not taken into consideration for the permits on the "garage." As noted in the Craig's' letter, they were notified in 2002 that they had an encroachment on this structure. The structure has been in this location for over twenty years. The encroachments meet the criteria for granting the permit as listed in KMC 14.20.1 85. However, KMC 1 4.20.1 85(c)(1 )(B) requires that plans show all existing buildings~ There is an addition, not shown on the attached drawing, on the Toyon Way side of the structure noted as garage. Citv En.qineer' Nothing additional. Buildinq Official' The building permit issued in 1997 was for a 600 square foot garage addition and no as-built was provided at that time. A final inspection was performed in 2000 on the building permit issued in 1 997 and no as-built was provided at that time. In 2002, an as-built was provided by the applicant when applying for an encroachment permit. The encroachment permit was needed to convert the garage built in 1 997 to living quarters. 0443 Comment. doc Page 3 RECOMMENDATIONS Recommend approval with the following requirements: 1. That an updated as-built be submitted to insure there are no additional encroachments resulting from the new construction, 2. That the permit may not be issued until the as-built is submitted. ATTACHMENTS: 1. Resolution No. PZ04-43 2. Application 3. As-built CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-43 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: F. DeWavne & Diane E. Craig USE 9.9 Foot Side Yard Encroachment and 2.2 Foot Rear Setback LOCATED: 406 South Forest Drive (Lot 1, Block 6, Redoubt Terrace Addn. No. 3) (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04714024 WHEREAS, the Commission finds: , , e o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: September 22, 2004 This request is on land zoned: RS - Suburban Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (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 right-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 That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: October 13, 2004 Applicant must comply with all Federal, State, and local regulations. 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 ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT AFTER MEETING THE FOLLOWING REQUIREMENTS: (See Page 2.) PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 13~ 2004. CHAIRPERSON: ATTEST: 04-43 Res.doc Page 2 The permit may not be issued until the following conditions are met: 1. That an updated asbuilt be submitted and administration verifies there are no additional encroachments resulting from the new construction. 2. That the permit may not be issued until the asbuilt is submitted. APPLICATION FOR ENCROACHMENT ~E~ ~SC~?ION! 11~ ZO:.~N~G DIS~hCfl ! ' [ ]:(Circlei'i)~i} i"i:: ' ~' ;: C CC CG RR RR-1 RR-2~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 REAl) AND UNDERSTAND THESE CONDITIONS. ,~An encroachment means any object or structure above or below ground and 1. ~~' ' 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 ofA.pplican~.-s'-'n-~g~~'''-'-''~ ' ~ Application for Encroachment Permit Comments: In 1982, Howard Hackney, City Building Inspector gave permission for the new construction of the multi-family building to be five feet from the south property line, which borders bluff property zoned Conservation. On 8/25/1997 we submitted an As-Built Survey and received a building permit. In 1998 for the purpose of converting to condominium units, we obtained an As- Built survey, and it was approved by Planning & Zoning in June 1999. After filing with the State, each unit was assigned a new tax parcel number. We sold a unit in 1999. On 11/08/2000 we submitted an updated As-Built and obtained a Final Inspection stating no non-compliance observed. '~ On May 22, 2002 we applied for a variance for a 4 foot encroachment on the two- story addition and it was approved by P & Z on June 12, 2002. At none of the above mentioned times were we notified of encroachments. It was not until July 2002 when we applied for a building permit for an addition that the City advised us of the subject encroachments. F. DeWayne & Diane E. Craig NOTES: 1) ~fAST~WAT~R DISPOSAL: Plans for wastewater dislDosal, that meet regulatory requirements are on file at the Alaska Department of Environmental Conservation. 2) The legal description and the proDerty line bearings and distances depicted hereon are in accordance with Lot 1 Block 6 Redoubt Terrace Subdivision Addition No. 3, Plot No. 76-96 Kenoi Recording District. All building tie Iine~ ~om the building to the lot lines intersect the property line at right angles and are measured to the exterior face of the building wall. Ail elevations ore based on as~umed datum. The meaning of the word 'UNIT' as used in the~e plans is the some as set forth in the declarations. The meaning of 'Common Elements' or Common Area* os used in these plans is identical to that set forth in the declarations. The meontng of 'Limited Common Elements' as used in these plans is identical to that set forth in the declarations. Unit boundaries os shmm on these plans are the some os set forth in the declarations. s) LEGEND- 2" Bress Cap Centerl~e Monument (found) A Vent Pipe [ ] Record Datum - Redoubt Ten'ace Subdldsle~ Addition II13- Plot # 76-96 Common Area Limited Common Area CERTIFICA'rE OF._ COMPLETION In accordance wtth Sectlan 34.08.090 (b) I hereby certify that the structural components and mechanical systems of each building containing or comprising a unit of the condo- minium are completed substantially in accordance with the plans. REGISTF~E? LAND su'RVE"YOR NOTARY'S ACKNOWLEDGMENT NOTARY PUBLIC For ALASKA MY COMMISSION EXPIRES_ SUBSCRIBED AND SWORN BEFORE ME THIS ~ DAY alr ,~,:~,:,....;,,_,,,,,, ,,,_,:¢ ~ ~-...... ... ~.... -'": ~:-" -"r- i ~'..' 0~ ,~0~ '-... lltllllllltllll / / / / City Water & Sewer Lot 1 Block 6 8 2'~¢.3' ,.! :.,~'.i i:.~.i'ii' :. i'" ::'.;..'.' ~:. :'...~¢....' :.-:',":, :~,.' i.", ~ :,:'~.:"~ =::!-; :~:' " '* ; "''';' '~ ' ' :'1 .·.' t '* 'o .... '" '-"' $ '" · '..: : .., '...: .... ' :, · ·,Oil' '. :: . ',.. '....:' ..,' · .'-..:. - '..., · .': : ..' ': ,. 'i ."... , ' ..... · -.' .: · .'.-' q. ":" .,.' ."~ ' :. ",; ,.- "...'.':. ;;,'.;. ,;' '.,' i' ,..; '?':%.';; '...," :' ? ':. '::',~ lOverhead Power 11 · ;~-"4"'.'"'..'".-',:t;...!'"":.: /":; ' ?'.. :;,'"': '". :'". ~..: ': ". ;- r ."; : ': .,..l is :l:O.S' beyond ~.. . .. ........... .......; -..:.. ,, ~' "..:".'.':: .'.:':.,: ".:'. ,..: ..... :: :'-": ~'.' :, ' .' Ubhty Easement ,";: ..~..:..'. :.::.. ;'~.:. i:.:.~. :;L'".:~?..,':..." i'.t,':.",:.-" .'L · :" ."... 'i'. .;". ~': .'.F,: . r...t.'.'*....; ,,",...:,.;.~:..;.. :::... ¢-..;.' ,~;.'.~: ::,'..;!, ..:,. ~.:~ ' ,'~.':.'. ? .'.':.' ;:'...' .!..' ;:.~. :..' ;.': · :" ' '.°: :..:."..~ :"~.;: :...4: ' · ~..'...~, :'.'. ,; · ® SURVEYOR'S CERTIFICATE I hereby certify that; I om properly registered and licensed to practice land surveying in the State of Alaska, this plot represents o survey mode by me or under my direct supervision, the monuments shown hereon actually exist os described, and oil dimensions and other details ore correct to the normal standards of practice of land surveyors in the State of Alaska. Date Z q J~..~ ~ Lof Block City Woter & Sewer 53.7' 1-5 pc~e IOverhead Power th ROUGH. IN ...... ,///APPLICATION PERMIT ...... · . BUILDING INSPECTION DEPARTMENT CITY OF KENAI BOX 580 PHONE 283-7535 I LICENSE NO. ..... ~ DESCRIPT ALTERAT,ON [:~ · IFY ADDITION ~ REPAIRS ~ DEMOLITION ~ /~] PLUMBING OTHER ELECTRICAL APPROVALS SIGNA TURF D ATE A PPROV ALS BUILD IN G GROUND WORK SIGNATURE DA TE ROUGH-IN APPROVALS SlGNA TURF DA TE LOCATION SEWER LINE ENTRANCE METERS FINAL YPE OF STRUCTURE: ~SE OF STRUCTURE ~T AREA: HEIGHT: FINAL . WIDTH: LENGTH: NG: RaNT-YARD ~ SIDE-YARD / REAR-YARD ~,LUE OF CONSTRUCTION: {MUSI' INCLUDE ALL LABOR} 'ATER: O PRIVATE CITY · SEPTIC lANK: O YES STANCE FROM WELL TO SEWAGE DISPOSAL: ~TURAL GAS YES~ O NO O ELECTRICAL SERVICEAMPERAGE agrees exonerate, iflcj! Iny such claims or actions, based upon or arising out of dom , Alaska from and permit is issued by cond,,,ons crea,ed thereby, and a~ogneg°:3f~nelr ,hin-s ,, · or prop., · . or -- ' furies (including death} Io Persons g . reclueslea by the Cily of Keno, BUILDING . L FRAMING INTERIOR EXTERIOR CONCRETE BLOCK GARAGE FIREPLACE FINAL PLAN AMO~ any and all claims or aClions and oil expenses incidental to or Sustained. in ' without With the DerJormoflce of the work for whi OF ISSUE ~nd defense any such claims or act*ans. STAFF REPORT To: Planning & Zoning Commission Date: September 29, 2004 Res: PZ04-44 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS F. DeWayne & Diane E. Craig Bluff View Condominium Association P.O. Box 1613 Kenai, AK 99611 283-7842 Conditional Use Permit -Townhouse Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS - Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are' 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. 0444 Comment.doc ~' Page 2 These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicant proposes to convert his current six plex into six separate units to create condominiums. The property is zoned Suburban Residential. The RS zone permits up to six family dwellings. However, because the applicant proposes to develop a condominium complex, a conditional use permit is required. The Kenai Municipal Code does not specifically address condominiums. The Legal Department has determined that the development must meet the requirements of KMC 14.20.160 - Townhouses. In 1999, the City of Kenai's Planning and Zoning Commission reviewed a preliminary plat for Redoubt Terrace Subdivision, Bluff View Condos. The Commission recommended approval of the plat with the recommendation that documentation of one-hour separations between the units would be required and that the plat would verify there were no encroachments. The file shows a letter from the Craig's documenting the construction of the structure. However, it waS noted in the meeting minutes that the State statute required a surveyor to certify the construction and that the City would not certify the construction without an engineer's report or the building official seeing the construction first-hand. According to the City's records, the documentation was never provided. The City acts in an advisory capacity to the Borough on platting and the Borough approved the plat without insuring the City's recommendations had been met. The applicant believed that the platting process finalized the conversion and did not realize that zoning requirements must be met. Common property ownership must meet the requirements for the State of Alaska, Horizontal Regimes Act. Prior to the sale of any unit, proof that the development meets the Horizontal Property Regimes Act must be filed with the City of Kenai Planning Department. This is usually documented as recorded on the plat or the Declaration is recorded. A copy of the As-Built Survey and plat is attached. In 2002 the applicant applied for a variance for lot coverage. A site plan presented at that time included areas not owned by the applicant to be considered ion the lot coverage equation, i.e. the right-of-way and a property owned by another individual. There was concern and continues to be concern about the lack of off-street parking, snow storage area and a location (on the applicant's property) for a dumpster. The as-built for this property shows a side and rear yard encroachment. The as- built does not show new construction on the Toyon Way side of the parcel. The Commission will have held a public hearing on an encroachment permit for the side and rear yard encroachments prior to this hearing. If the encroachments have 0444 Comment.doc Page 3 been granted, the Conditional Use Permit may be issued if the Commission determines it meets all other criteria. City Engineer: Nothing additional. Building Official: This building was constructed in a manner that complies with building code requirements for a multi-family unit including condominiums. (Construction verified on 8/31/04.) RECOMMENDATIONS' o It appears that the proposed development meets the requirements of KMC 14.20.160 for townhouse (condominium) development and KMC 14.20.150 - Conditional Use Permits. The Suburban Residential zoning allows for a 6-family dwelling. The proposed condominium development should not adversely affect neighboring property owners. Recommend approval with the following conditions and the stipulation that the permit may not be issued until the conditions are met: 1. Proof that the development meets the Horizontal Property Regimes Act must be submitted to the City of Kenai Planning Department including' a. Filing and recording of a survey map and floor plans with verified statement as required under the Horizontal Property Regimes Act, Section AS 34.07.030 "There shall be filed and recorded simultaneously with the recording and declaration in the recording district in which the property is located (1) a survey map of the surface of the land submitted under the provisions of this chapter showing the location of the building on it; (2) a set of floor plans of the building showing the layout, apartment numbers and dimensions of the apartments in sufficient detail to identify and locate each apartment with certainty, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or registered professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with an approved by the governmental entity having jurisdiction over the approval or issuance of permits for the construction of the building, or a statement that no approval permit is required. (Applicant has provided documentation that the Declaration was recorded with the State on August 3, 1999. Documentation on file with the City.) 2. A site plan shall be submitted showing the development meets the following requirements: · Off-street parking identified to meet parking requirements. Parking at the development must be c0~ntained on the subject parcel. · The dumpster should be noted on the site plan and must be 0444 Comment.doc Page 4 located on the applicant's property. · Snow storage areas must be identified and must be contained to the applicant's property. 3. Submit an updated as-built survey so administration can verify there are no additional encroachments resulting from the new construction along Toyon Way. ATTACHMENTS: 1. Resolution No. PZ04-44 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-44 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: F. DeWayne & Diane E. Craig - Bluff View Condominium Association USE: Condominium Development- 6 Units LOCATED: Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 -406 S. Forest Drive (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04714024 WHEREAS, the Commission finds: o That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 22, 2004 , This request is on land zoned: RS - Suburban Residential o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 13, 2004. o Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED Condominium Development MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE .THE APPROPRIATE PERMIT AFTER MEETING THE REQUIREMENTS NOTED ON PAGE 2. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 13~ 2004. CHAIRPERSON: ATTEST: 0444 Res.doc Page 2 Prior to the Conditional Use Permit being issued the following conditions must be met' 1. Proof that the development meets the Horizontal Property Regimes Act must be submitted to the City of Kenai Planning Department including' a. Filing and recording of a survey map and floor plans with verified statement as required under the Horizontal Property Regimes Act, Section AS 34.07.030 "There shall be filed and recorded simultaneously with the recording and declaration in the recording district in which the property is located (1) a survey map of the surface of the land submitted under the provisions of this chapter showing the location of the building on it; (2) a set of floor plans of the building showing the layout, apartment numbers and dimensions of the apartments in sufficient detail to identify and locate each apartment with certainty, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or registered professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with an approved by the, governmental entity having jurisdiction over the approval or issuance of permits for the construction of the building,, or a statement that no approval permit is required. (Applicant has provided documentation that the Declaration was recorded with the State on August 3, 1999. All other requirements are on file.) 2. A site plan shall be submitted showing the development meet the following requirements' · Off-street parking identified to meet parking requirements. Parking at the development must be contained on the subject parcel. · The dumpster should be noted on the site plan and must be located on the applicant's property. Snow storage areas must be identified and must be contained to the applicant's property. 3. Submit an updated as-built survey so administration can verify there are no additional encroachments resulting from the new construction along Toyon Way. "gi//affe wilh a Pas4 ~i~y wilh a trulure'' 210 Fidalgo Avenue, Kenai Alaska 99611-7794 haaaa 1902 KENAI, ALASKA CONDITIONAL USE PERMIT APPLICATION Applicant's Name' ~ .]ff~ ~e ~.ce. ~..b ,ct ne.... ~', (..~.r'a.j~. Phone: Business Name' ~[~.~4:-I)ie~O C-.o.~,.0omi ,~;e.~ Mailing Address' ~, O, '~ X I t~ ~ ~ ~ e. v,a £ Ix,~.. q~, I I Street Address: /40 (o .~, ~'o res r' (Where permit will be operated from.) Legal Description Kenai Peninsula Borough parcel No.' City of Kenai Zoning: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. The following information must be orovided before your application will be considered for,processing. Do not submit yo. ur application until it contains,all ret~uired information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The propoSed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant' Date: Conditional Use Permit- Bluff View Condominiums Comme,nts: In 1999 Cliff Baker of Integrity Survey represented us in our application for the conversion of the multi-family units to condominiums. The City accepted the Plat and we then filed our Declaration of Bluff View Condominiums with the State of Alaska. Shortly thereafter, we sold one condominium unit and obtained title insurance. This property has had subsequent building permits and a variance and it seems that the Ci~ would have advi~ us at those tim~ that we n~ded a conditional use permit. But, we were not told by the City that a conditional use permit was reqnired in 1999. We became aware of this when our title company inqnired of the City recently for a preliminary title report prepared for the sale of a unit. When we recently checked back with Mr. Baker, he pointed out that condominiums are not listed in the City of Kenai Zoning Codes, and he thought that our units wOUld be in the multi-family dwelling category. F. DeWayne & Diane E. Craig .$ '0~ .0'6L ,0'6L ',~ o RECERTIFICA ,'ION JOB #: 98196 LEGEND ~ Note: Lot :~erved o ~o City Water !& Sew , LoT ~ . 82~43 . frame bulldlnl~ · mi d,]ldl.~ Z I i?.o. I ., ~ ~ ...... b~r, ..... ~... . .......: ..'...~ ~~~.' .~ ~ ~ ~ ~ ~ ~' ~ ' . .. '.'..."":".: ~.:"'~ L".:: ':.'?.' ':::"'~" "".7":'. :'~ :..'t~ ). ""~.'..)". ~'.~"::.. .':'.'.~'~"' ~ .. ~: . .:.- ,. -,.'.: ::...f.:. '...:.'.: ' .:~...-..~ .~. /...'., .-~....u ... ~:.' ..: .'.".: · :,.::: :.-'~ Overhead ~owedine · '¥' ...'../. ::.'.' ..:~:::.~. ~".:". '~..,'~ ...~'": ~.;'.. -".. ':.~".t..:{.~ Otility [osement · ,...'..:..: ...-'t. ;.{ .~. j..:. DATE ·, AS-BUILT/PLOT PLAN CERTIFICATION ~ ~. 2" Brass Centerline Monument Cap (found) ,. !:: A Vent Pipe i Date:28 April, 1997 F.B. #: 97-1. pgs. 60-61 ~Scale:l' = 50' Piat:76-96 KENAI RECORDING DISTRICT Drawn: REW W.O. #: 97035 Disk: D20%Redoubt Terrace ~,¢f ....... I INTEGRITY SURVEYS 605 Swires Drive Kenai, Alaska 99611-856,3 SURVEYORS PHONE - (907) 283-9047 PLANNERS FAX --- (907) 283-9071 As-Built Certificate I hereby certify that the improvements hereon exist as shown on the following described property:. lot 1 Block 6 Redoubt Terrace Subd, Add, Number 3 and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances should any data hereon be used for construction or for establishing boundary or fence lines. STAFF REPORT To: Planning & Zoning Commission Date: October 4, 2004 Res: PZ04-45 GENERAL INFORMATION Applicant: Kathryn Medcoff 1614 Tanaga Avenue Kenai, AK 99611 283-1059 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Home Occupation - Day Care Lot 32, Block 1 Redoubt Terrace Subdivision 1 614 Tanaga Avenue 04712005 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 grand daughter 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 5, 2004. If the day care is still in operation, a follow-up will be required on October 5, 2006. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ04-45 2. Application 3. Drawings CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ04-45 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR' DAY CARE-Grandma's House (Type of Permit) OPERATED BY: Kathryn Medcoff LOCATED: 1614 Tanaga Avenue - Lot 32, Block 1 Redoubt Terrace Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO' 04712005 WHEREAS, the Commission finds: . That an application meeting the requirements of Sec. 14.20.230, has been submitted and received on October 4, 2004. 2. That the application has been reviewed by the Commission at their meeting of October 13, 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 ..13th .day of .October 2004. Chairman' ATTEST: HOME OCCUPATION PERMIT APPLICATION DATE: NAME: MAILING ADDRESS: pHySICAL ADDRESS' LEGAL DESCRIPTION: DESCRIPTION OF OCCUPATION: Section 14.20.230 of the 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 the family shall be employed in the home occupation. . ' · No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site plan showing square footat[e of all structures on the lot, includin~ the residence and any-accessory StructUres. In addition, show parkihg areas and tramc patterns, clearly mark'the area tO'be used for the~home occupation; · The home occupation shall be carried on wholly within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. · Applicant's Signature: Application reviewed and approved by: '-Plhfini~g ~]Z°ning Offic',tal . (~ate: /~q/~ ~t Approved by the Planning & Zoning Commission: Date: F.:\Wndne~\Fc}l~ MR\t-tl31vil~ apr-t m a TIFINI ol:l>l~,~t-r' n nDt tr~ ^ ,t-tr~xt .J_ _ i I I -.--, ~ ~ ~ o~___~aj m--- 0 0 (D ~ -'-- 0 :'-" 0 ~"-,~ 0 ..,--, r- 0 '-'- r.D Eb (.D f.~ · i,._. 0 ~ u r-. CD .Jzz 0 ~" ~ ~"'- (D r--0 ~ 0 I-- 0~__~- ~ "'-" 0 _o e=-'- E ~ ~-c:~ o o~ oO~mE- · -~ ,e_., ,.~..-6 nn ..~ ..~ ~., r--~ o _. ~-' t2)_ '~ .'~ ¥ d o o -- .(D (D O~ u t__ ~,-,% CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Memorandum Date: To: From: October 4, 2004 Marilyn Kebschull, Planning Administration Kim Howard, Assistant to the City Manager ~H Pingo Properties, Inc. and Geoffrey M. Graves Mr. Graves leases Lot 6A, Block 1, Gusty Subdivision No. 4 from the City and intends to construct a 400 sq. ft. addition on one of his buildings. Please note that Covenant No. 7 of his lease states the following: Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. Please schedule this matter for your next Planning and Zoning meeting for approval. /kh KENAI, ALASKA 210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~ Telephone' 907-283-7535/FAX: 907-283-3014 '111' 1992 M MO: TO' Planning & Zoning Commission FROM' Marilyn Kebschull, Planning Administration DATE' October'4, 2004 SUBJECT: Pingo Properties, Inc. and Geoffrey M. Graves Geoffrey M. Graves and Pingo Properties, Inc. lease Lot 6A, Block 1, Gusty Subdivision No. 4 from the City. Their lease requires permanent improvements be reviewed and approved by the Planning Commission. Please see the attached memo from Kim Howard. Mr. Graves plans to build a 400 square foot addition to one of the buildings located on this parcel. The proposed addition meets the building and zoning codes. A landscape/site plan review will be conducted to insure that all landscaping/site plan requirements are met. Does the Commission approve the proposed addition? Approved' Chairman Attest: AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 5, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us 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) . DeWayne Craig-- Water and Sewer Billing/Bluff View Condominiums, 406 South Forest Drive, Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS iTEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS . Ordinance No. 2065-2004-- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Fuel at the Dock Facility. . Ordinance No. 2066-2004-- Increasing Estimated Revenues and Appropriations by $40,000 in the Water and Sewer Special Revenue Fund to Purchase Land for Wellhouse 4. Motion to Table, Time Uncertain. e Ordinance No. 2067-2004 -- Amending KMC 6.10.010 by Adding Subsection (d) that Requires a Copy of a Nominating Petition be Fried with the City Clerk, with the Candidate's Name, Address and Office Sought, Before the Petition is Circulated for Signatures. o ITEM G: o ITEM H: ITEM I: o . o o , , , ITEM J: . 2. 3. 4. 5. 6. 7. Resolution No. 2004-55 -- Adopting the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan as an Official Plan. MINUTES *Regular Meeting of September 15, 2004. OLD BUSINESS NEW BUSINESS Bills to be Paid. Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Chan~ing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." *Ordinance No. 2069-2004 -- Finding that Certain City-Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. *Ordinance No. 2070-2004 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. *Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a Public Purpose. Approval -- Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Kenai. COMMISSION [ COMMITTEE REPORTS 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 REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT MEMBERS: Dr. Rick Foster Homer City Term Expires 2004 Mari Anne' Gross :Southwest Borough Term Expires 2005 Brent Johnson KasiloflClam Gulch Term Expires 2006 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 Ao a. C. Do KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTP~TION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5'30 p.m. September 27, 2004 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Mark Massion 3. Minutes a. September 13, 2004 SUBDIVISION PLAT PUBLIC HEARINGS . Pace's Pleasant Haven Subdivision Clovis Addition KPB 2004-236 [Segesser/Clovis] Location: City of Soldotna Beach Road Industrial Park Subdivision Holland Park Addition (Revised Preliminary) KPB 2000-054 [McLane/Ridge Properties/Burns/Mundell/Carlisle] Location: West of Kalifornsky Beach Road . Bastien-Hoover Subdivision No 2 KPB 2004-240 [Lobdell/Hoover] Location: North of Bastien Drive in Nikiski . Collier Subdivision (Revised Preliminary) KPB 2004-223 [Lobdell/Collier] Location: North of Kenai Spur Highway in NikiSki o Hylen 2004 Addition KPB 2004-241 [Johnson/Hylen] Location: East of Steding Highway in Ninilchik . , o . 10. 11. 12. 13. 14. 15. Bear Run 2004 Addition KPB 2O04-242 [Freeman/Harris] Location: North of East End Road in Homer K-Bay APC Wilton-LeBlanc Dekerlegand Replat KPB 2004-243 [I ntegdty/Dekerlegand] Location: On Sports Lake Road in Soldotna Neweil Park East Norveli Replat KPB 2004-244 [Borderline/Norvell] Location: North of East End Road in Homer K-Bay APC Brown's Lake Subdivision Hunt-Bezek Addn. KPB 2004-245 [Eastham/Hunt/Bezek] Location: West of Brown's Lake Diamond Willow Estates Subdivision Part 9 (Revised Preliminary) KPB 2004-192 [Eastham/Gibbs] Location: East of K-Beach Road off Gary Ave. PE.ME-BA Subdivision Spieiman Addition KPB 2004-247 [Swan/Spieiman] Location: South of S°ldotna off Tote Road Salamatof Air Park Luy Addition (Revised Preliminary) KPB 2002-153 [Swan/Kollmer-Luy] Location: South Miller Loop Road in Nikiski Harriet Creek Replat 2004 Addition KPB 2004-248 [M ullikan/Bailey] Location: Near The Mouth of Harriet Creek on Redoubt Bay Antone Muth No 4 KPB 2004-246 [Mullikin/Mumey] Location: Chakok River Road East of Anchor Point Anchor Point APC Sidback Homestead Tract A (Postponed from September 13, 2004) KPB 2004-235' [Lobdell/Sidback] Location: East of Halbouty Rd in Nikiski E. FINAL PLATS . Best Fishing Tracts (Revised Final Plat) KPB 2003-143 [Anderson/Mutch,Anchor Corp.] Location: Mouth of Anchor River Anchor Point APC F. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED G. PUBLIC COMMENT H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next recjulady sCheduled plat Committee meeting will be held October 11, 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: plannin~@bomu.qh.kenai.ak, us web site: .www. borou,qh.kenai.ak, us/plannin~dept 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 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. a. C. D. KENA! PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA September 27, 2004 7:30 P.M. Tentative Agenda 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) Section Line .Easement Vacation- Soldotna Christ Lutheran Tracts KPB 2002-013; [McLane/Soldotna Chdst Lutheran/Farnsworth] Location: City of Soldotna Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request- None Coastal Management prOgram a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences a. Blair Martin b. Mark Massion *7. Minutes a. September 13, 2004 Plat Committee Minutes b. September 13, 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.) 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 Eo Fo G. UNFINISHED BUSINESS- None PUBLIC HEARINGS . Vacate that portion of Micheile 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) and between Lot 1 Block 1 and Lot 5 Block 2 of Holland Park Subdivision First Addition (Plat KN 80-02) within Section 26, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-188- Petitioners: Don & Alma Burns, Earl C Mundell, Irving R Carlisle and Ridge Properties of Soldotna, Ak; LoCation: West of Kalifornsky Beach Road . Vacate a portion of Silver Salmon Drive, dedicated by Moose River Estates Subdivision (Plat KN 74-98); within Sections 13, Township 5 North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2004-237 - Petitioner: Gary G Tanghe of Anchorage, Alaska; Location: Off Silver Salmon Ddvein Steding '. . Ordinance 2004-33; Adopting the Ali-Hazard Mitigation Plan for the Kenai Peninsula BOrough . Ordinance 2004-19-13 an ordinance authorizing the acquisition of Lots 5, 6 & 7, Block 3, Hillcrest Subdivision, Plat No. KN 1514, Kenai Recording Distdct for an addition to the Central Emergency Services facility and appropriating $75,500.00 from the Land Trust Fund to acquire the property ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) o An amended Conditional Use Permit Pursuant to KPB 21.18 for the previous repair of highway infrastructure caused by the floods of November 2002, and for the current maintenance, repair, and retrofit of highway infrastructure resultant, from the October and November 2002 Floods. Work has and will occur along the following regulated KPB streams: Ninilchik River, Stariski Creek, Anchor River, North Fork of the Anchor River, Kenai River, and Deep Creek. o A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 14- foot bY 2-foot wide ELP walkway connecting an existing 24-foot by 6-foot ELP walkway to a new downstream 24-foot by 6-foot ELP walkway. This project is located on the right bank of the Kenai River at River Mile 20.7, located on Lot 1, Riverview Subdivision, Schwankle Addition, Section 32, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D.: 060-041-05). . ° A ConditiOnal Use Permit Pursuant to KPB 21.18 for the removal an existing gravel jetty, the construction of bank restoration and providing access for fishing within the 50-foot Habitat Protection Area of the Kenai RiVer. This project is located on the right bank of the Kenai River at River Mile 31.1, located on Government Lot 2 and the NEll4 NW 1/4 Section 28, T. 5 N., R. 9 W., S.M., AK, (KPB Parcel i.D · 063-180-80). A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 2nd story 12-foot by 24-foot addition to the cabin over the existing deck within 50 feet of the ordinary high water of the Kenai River. in addition, the existing deck boards will be replaced to allow 25% light penetration through the deck. The proposed project is located on the right bank of the Kenai River at River Mile 43.5, located on Lot 26, Block 6, Kenai River Keys Amended H. Jo K. L. Mo N. Oo P. Go Subdivision, Section 35, T. 5 N., R. 8 W., S.M., AK, (KPB Parcel I.D.: 065- 270-17). VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS. , Abalone Subdivision Additions No. I (Final) KPB File 2003-149 [McLane/Templeton] Location: Clam Gulch Area . August 9, 2004 Plat Committee Denied Conditional Preliminary Approval River Quest Phase 2 KPB File 2004-029 [Integrity/River Quest RV Resort Location: North of Ciechanski Road . Plat Waiver Application: S/W % N/W % T02S R12W Sec 1 KPB File 2004-238 KPB Resolution 2004-57 Location: Caribou Hills Petitioner: Rueben Demidoff . Land use permit application to operate a gravel site in the Anchor Point are.a; Location: N1/2, SEl/4, NEll4, T04S, R15W, Section 35, Seward Meridian, KPB 165-162-30;Board of Adjustment Remand of Permit Application for a Sand, Gravel or Material Site; Cecil Jones, Anchor Point; Parcel #165-162-30 SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 16 plats. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS . Choose a new Plat Committee. New members will serve October, November, December 2004 a. Bill Hutchinson b. C. d. e. ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . . The Touchstone Special Edition Newsletter Kenai Peninsula Borough Planning Commission Resolution SN 2004-13: Renaming Certain Public Rights-of-way within Sections 12, 23, 26, 27, T1N, RIW, S.M., Alaska Within Emergency Service Number (ESN) 752; Sections 22 and 27, TlS, R1W, S.M., Alaska Within Emergency Service Number (ESN) 751; Section 27, T7N, R12W, S.M., Alaska Within Emergency Service Number (ESN) 501; Section 6, T7N, R11W, S.M., Alaska Within Emergency Service Number (ESN) 501; Section 21,T5N, R9W, S.M., Alaska Within Emergency Service Number (ESN) 301; Section 6, T7S, R11W, S.M., Alaska Within Emergency Service Number (ESN) 901; as approved on September 13, 20O4 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held October 11, 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 Kachemak Bay Kachemak Community Center October 7, 2004 7:00 p.m. Cooper Landing Cooper Landing Community Hall October 13, 2004 7:30 p.m. AnChor Point Visitor's Center October 19, 2004 7:00 p.m. 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: plannin~@borou~h.kenai.ak, us web site: ~_www. bomugh.kenai.ak, us/P!annin~dept MEMBERS: Tom Clark Anchor Point/Ninilchik 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 Kasilof/Clam Gulch Term Expires 2006 A, B, C. D, KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY' STREET SOLDOTNA, ALASKA CALL TO ORDER ROLL CALL 5:30 p.m. October 11, 2004 Tentative Agenda APPROVAL OF AGENDA, EXCUSED ABSENCES, AND.MINUTES 1. Agenda 2. Member/Alternate Excused Absences a, 3. Minutes No excused absences requested a. September 27, 2004 SUBDIVISION PLAT PUBLIC HEARINGS . . . ., Murray Subdivision Leah Addition KPB 2OO4-249 Swan/Martin Location' South of Sterling Hwy west of Longmere Lake Fair Ridge Subdivision Part Five KPB 20'04-252 McLane/Fair LoCation' North of Funny River Road on the Kenai River C.M. Brumlow No 5 KPB 2004-258 McLane/Sherman Location: West of K-Beach Road in Soldotna Wik Lake Terrace Cason Addition KPB 2004-259 McLane/Cason Location' West of Holt-Lamplight Rd in Nikiski e. F. O. . Irons Subdivision Eddy Hill Addition KPB 2004-260 McLane/IrOns Location: East of Kenai Spur Hwy. . Centennial Estates No 2 KPB 2004-253 Johnson/Sipes, Pitts Location: East of Tustumena Lake ROad . Huddleston Subdivision KPB 2004-254 Johnson/Huddleston Location: East of Echo Lake Road . East Lake Park Estates Pack Replat KPB 2OO4-255 · Johnson/Pack Location: East of Sports Lake in Soidotna . Margaret E. McGahan Homestead No 3 KPB 2OO4-256 I ntegrity/McGahan, Davidson Location' North of North Kenai Road in Nikiski 10. Burger Subdivision KPB 2004-257 Integrity/Bush Location: East of Sterling Hwy in Kasilof 11. Kalugin Subdivision (name to change) KPB 2004-261 Imhoff/Kalugin Locati°n: On Morriso'n Drive in 'Homer K-Bay APC 12. Harrington Heights 2004 Addition KPB 2OO4-262lmhoff/Korpi Location' City of Homer FINAL PLAT Ten Mar Ranch Bowser Addition (Final with Exceptions Requested) KPB 2004-231; McLane/Bowser Location: North of Sterling Hwy in Sterling MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED PUBLIC COMMENT H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held OCtober 25, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soidotna, 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~bOrough.kenai.ak, us Web Site: wwW. borouqh.kenai.ak, us/planning'dept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA October 11,2004 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor PointJNinilchik 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 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. CALL TO ORDER · . · B. ROLL cALL C, APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and 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, Nedosik Tracts Tulin Skyline Highland KPB File 2000-130; Johnson/Tulin Location' Skyline Drive, North of Homer *2. *3. Plats Granted Administrative Approval . Plats Granted Final Approval (20.04.070)- None *4. Plat Amendment Request ac River Quest Phase 1 (KN 2004-39) KPB 2003-28; Integrity/River QueSt RV Resort Location' south of Ciechanski Road *5. Coastal Management Program ac Conclusive Consistency Determinations Received from DGC - None b. Administrative Determinations- None c. Current Reviews - None *6. Commissioner Excused' Absences a. Blair Martin *7. Minutes a. SePtember 27, 2004 Plat Committee Minutes b, September 27, 2004 Planning Commission Minutes 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. D, E, F, O. H, Jo K, L. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) , Dan BevingtOn, Coastal District Coordinator, Update on the KPB Coastal Management Plan UNFINISHED BUSINESS- None PUBLIC HEARINGS , A Land-Use Permit Application to Operate a Gravel Site in the Ninilchik Area; Location: T01S R14W S34 N1/2 NE1/4 SE1/4 SW1/4 Seward Meridian; KPB 15710023; 4.75 Acres; portion to be Mined .025 acres; Agent: Arctic General Contracting Applicant/Owner: Ninilchik Traditional Council , Vacate Bull Moose Lane and Portion of High Bush Court within Tract A, Dedicated by Birch Hollow Subdivision No 12 (Plat KN 96-93); within Sections 30,..Township. 5 North Range. 9.West, SeWard Meridian, Alaska; and ~"the I;(enai Peninsula Bor°ugl~; KPB File 2004-2501 'Petitioners' Nick John and Georgia L Poppin of Soldotna, Alaska; Location: West of Longmere Lake . Vacate the west 132-feet of the 33-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 , . A Resolution Reclassifying Certain Borough Land Located in the Cooper Landing Area Within Section 34' T5N, R3W, S.M., Alaska as Institutional A Resolution Authorizing the Mayor to Enter into A Lease Agreement with the USDA Forest Service for the Cooper Mountain Communications Site to' Support Emergency Management Communications Equipment , A Resolution Supporting Use of the Sterling Community Plan as a Tool in the Borough's Comprehensive Plan Process .' ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) , An Amended Conditional Use Permit Pursuant to KPB 21.18 for the Previous Repair of Highway Infrastructure Caused by the Floods of November 2002, and for the Current Maintenance, Repair, and .Retrofit of Highway Infrastructure Resultant from the October and November 2002 FloodS VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS- None SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 13 plats. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. O. DIRECTOR'S COMMENTS COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED , Anchor Point Advisory Planning Commission October 5, 2004 Agenda . Schedule of Public Meetings for the Comprehensive Plan Update FUTURE PLANNING' COMMISSION MEETING . The next regularly scheduled Planning Commission meeting will be held-. October 25, 20'04 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission I Meeting Location Date Cooper Landing I Cooper Landing Community HallOctober 13,'2004 Anchor Point Visitor's Center October 19, 2004 Time 7:30 p.m. 7:00 p.m. NOTE: The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the .meeting date, location, and time with the advisory planning commiSsion chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planning~bo, rough.kenai.ak..us web site: www.borouqh.kenai.ak.us/planningdept E t- O :~ -r- < 0 0 0 0 0 · = ~ O~ > < o O~ 0 0 O~ o o 0 o o · -r o · ._~ .> © > .~, ._~ .> · © ._ ._. o o 0 0 O~u_ ._m > > o o > 0 0 8 0 0 8 o E '~ ~ 'el' 0 >- I o ,ct- > _j o ._o ~0 O~ 0 0 0 0 0 0 ~-- ~- ~- ~- 0 0 o · mx:/ ~< o .N N 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 ~ KENAI. ALASKA M TO' FROM' MO: Planning & Zoning Commission ~strabon Marilyn Kebschull, Planning Admin ....... ~'~ DATE' September 28, 2004 SUBJECT: November 24th Meeting Cancellation The City Council has granted your request to cancel the November 24th commission meeting. The appropriate notices will be posted. . September 29, 2004 Greetings: We are writing once again to ask for your help with informing people you know, including members of any organizations you may belong to, about an important project being undertaken by the Kenai Peninsula Borough. The Borough has been updating its Comprehensive Plan during the past year and will present the preliminary draft in a series of public meetings between October 11 and October 29. At each meeting, the Comprehensive Plan team will give a presentation about the planning process and key elements of the plan, followed by an open house that will feature issues, goals, objectives and plan implementation actions. Meeting participants will have an opportunity to ask questions, comment, and complete written questionnaires on elements in the plan. Your involvement is important in ensuring that the plan serves all citizens of the Borough, particularly those in rural and unincorporated areas. The schedule for these meetings is on the back of this page and on the project Web site (www. kpbcompplan.com). We urge you to encourage members of any organization with which you are affiliated, as well as your friends and neighbors, to attend one of these meetings. If you are unable to attend a meeting, there are other opportunities to learn more about the project and get involved. Visit the project Web site and submit your comments on-line, or you can call, fax or e-mail us using the contact information below. If you belong to an organization with a regular newsletter and would like to include an article in the next issue, please let us know and we can provide the text. Alternatively, feel free to incorporate contents of this letter and public meeting schedule in a newsletter article. Please do not hesitate to contact us with any questions you may have about the project. Thanks again for your interest and involvement in this important effort. Sincerely, Crista Cady Hippchen, Project Manager Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, AK 99669 Telephone: (907) 714-2206 Fax: (907) 262-8618 E-mail: ccady@borough.kenai.ak.us Matt Hastie, Consultant Team Manager Cogan Owens Cogan, LLC 813 SW Alder Street, Suite 320 Portland, OR 97205-3111 Telephone: (503) 225-0192 Fax: (503) 225-0224 E-mail: mhastie@coganowens.com Kenai Peninsula Borough Comprehensive Plan Update List of Public Meeting Dates and Locations, October 11 - 29, 2004 Clam Gulch/Kasilof Cooper Landing Sterling Soldotna/Kenai Nikiski Kachemak Bay/Homer Anchor Point Seldovia Hope Seward Moose Pass Ninilchik Tuesday, October 12 6:30 - 8:30 p.m. Wednesday, October 13 7p.m. Thursday, October 14 6:30- 9 p.m. Friday, October 15 6:30 - 9 p.m. Saturday, October 16 10 a.m.- Noon Monday, October 18 6:30- 9 p.m. Tuesday, October 19 7 p.m. Wednesday, October 20 6:30- 9 p.m. Monday, October 25 6:30- 9 p.m. Tuesday, October 26 6:30- 9 p.m. Wednesday, October 27 7 p.m. Thursday, October 28 6:30- 9 p.m. Tustumena School Multi-Purpose Room Mile 110 Sterling Highway Cooper Landing APC Meeting Cooper Landing Community Hall Mile 1 Bean Creek Road Sterling Elementary School Cafeteria Mile 83.5 Sterling Highway KPB Assembly Chamber 144 North Binkley in Soldotna Nikiski Middle/High School, Library Old Nikiski Beach Road McNeil Canyon Elementary School Cafeteria 52188 East End Road Anchor River Inn 34350 Old Sterling Highway Seldovia Community Center Multi-Purpose Room 260 Seldovia Street Hope School Gymnasium Seward High School, Cafeteria 2100 Swetmann Blvd Moose Pass Community Hall Ninilchik School Cafeteria Mile 135 Sterling Highway Suggested by: CITY OF KENAI ORDINANCE NO. 2071-2004 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, IDENTIFIED AS LOTS 1 & 2, BLOCK 6, MOMMSENS S/D REPLAT OF ADDITIONS 1 & 2, LOCATED AT 2402 & 2406 CALIFORNIA AVENUE IN KENAI, ARE REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired these parcels (KPB Parcel Nos. 3911016 & 3911015) through tax and special assessment foreclosures; and, WHEREAS, Ordinance No. 2057-2004 found the properties were not required for a public purpose and could be sold to the public; and, WHEREAS, in preparation for a foreclosure sale, it was noted there is a water meter for service to Wildwood on one of the parcels; and, WHEREAS, Wildwood has been considering changes to their water system and both parcels may be needed to provide access; and, WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council; and, WHEREAS, the property is needed for a public purpose. WHEREAS, taxes through the judgment year for a total of $2,967.24 will need to be paid to the Kenai Peninsula Borough. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned land, identified as Lots 1 &'2, Block 6, Mommsens S/D Replat Of Additions 1 & 2, located at 2402 & 2406 California Avenue in Kenai, are required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of October, 2004. ATTEST: Carol L. Freas, City Clerk (9/29/2004)kh JOHN J. WILLIAMS, MAYOR Introduced: Adopted: Effective- October 6, 2004 October 20, 2004 November 20, 2004 POR. TR. 4 13 12 16 15 14 11 17 15 10 18 12 6 9 19 8 20 7 21 11 6 10 22 9 ,~ 2423 8 .~.~?" 2[5 (7) 0~ 27 . 13 :9 .-- 12' 10 $ 9 " 7 36 8 1 . 30 9 8 9 18 ,.,,.%,k_..~% 16 15 I ' 14 2 34 16 15 1 14 " ' 2 40 3 ' 4 38 ~ 5 37 i 6 5 6 (6) lO · 7 : 6 5 (7) ,4 3 · 7 , ..... ~--------.' 2 __2 9, 8 7 6 [ 4 's _.? ....... (!_:231 ...... 3 12 ; ~ 2 ! 13 ! 1-B ~ 14 I 2-B ~ 1-A ~ :~ 14-B ; 6-B i 7 ~ 6 ! 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