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HomeMy WebLinkAbout2004-09-22 Planning & Zoning PacketCITY 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' e e ao 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." 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. 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' Agenda September 22, 2004 Page 2 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session immediately following regular meeting- Disc'ussion - Development of Limited Commercial Zone. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 8, 2004- 7:00 p.m. lo 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. *August 11, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS' 5. PUBLIC HEARINGS' e OLD BUSINESS: a. Amendment of KMC 14.20.240 - Mobile Homes - KMC 14.20.320 - (b) Specific Definitions - Mobile Home, Manufactured Housing, Modular Home- Discussion/Set Public Hearing 7. NEW BUSINESS: a. Section 36 Public Purpose Parcels - Discussion and Recommendation to Council b. *PZ04-38 - Transfer of Conditional Use Permit PZ97-24 (Veronica's Coffee House), 602 Petersen Way (Lot 39A, Dolchok Subdivision), Kenai, Alaska. Transfer requested by Rebecca Lamboum & Stanley Coleman, 1506 Toyon Way, Kenai, Alaska. 8. PENDING ITEMS: e CODE ENFORCEMENT' a. 2004 Pending Violations Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (8/10/04 & 8/25/04). b. "Planning Commissioner's Comer: Public Hearing"- The Western Planner- July/August 2004 c. Inlet Fisheries, Inc. Kenai River Center Multi-Agency Permit Application for replacing failing do wood bulkhead- Comments due 9/16/04 KPB Permit for Maintenance of Wooden Bulkhead- Inlet Fisheries, Inc. PZ04-39 - Landscape/Site Plan- Russ Robinson & Ron Epperson, Espresso/Donuts/Burger Kiosk, 419 Frontage Road 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 8, 2004- 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Glick called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Twa_it, Hammelman, Eldridge, Amen, Barrett (arrived at 7:03) Others Present: Councilman Jim Bookey, Department Assistant Nancy Carver, and Contract Secretary B. Roper 1 Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda acknowledging the lay downs provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2' APPROVAL OF MINUTES -- August 11, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5' PUBLIC HEARINGS-- None. ITEM 6: OLD BUSINESS Discussion/Set Public Hearing-- Amendment of KMC 14.20.240- Mobile Homes- KMC 14.20.320- {b) Specific Definitions- Mobile Home, Manufactured Housing, Modular Home. MOTION: Commissioner Bryson MOVED that a public hearing be scheduled for KMC 14.20.240. Commissioner Hammelman SECONDED the motion. Commissioner Eldridge stated he had just sold a mobile home and noted the identification number on the property was required. He requested staff verify with the City Attorney to determine whether or not an identification requirement should be included in the ordinance before the public hearing. VOTE: Glick Yes Hammelman Yes Barrett Yes Bi. son Yes Twa_it Yes Eldrid§e Yes Amen Yes Department Assistant Carver advised the public hearing would be scheduled for the next meeting on September 22, 2004. ITEM 7: NEW BUSINESS Discussion and Recommendation to Council -- Section 36 Public Purpose Parcels Carver advised the Parks and Recreation Commission did not have a quorum at their last meeting so this issue will be discussed at a special meeting to be held prior to the next Planning and Zoning Commission meeting. Carver suggested discussion be postponed until September 22. Councilman Bookey explained Council had already discussed the issue because the soccer club is temporarily using a large area in Millennium Square and they will have to move once development begins in the area. Bookey added, there were not many uses for which Section 36 could be used. Eldridge expressed concern with some lot lines within Section 36. Bookey explained the plans are very preliminary and will most likely change. Bookey added, the Commission is tasked to determine whether or not Section 36 should be retained for public purpose or if it can be sold. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 8, 2004 PAGE 2 Amen stated he supported the retention for public purpose and reminded the Commission of the lots sold nearby for the restaurant. Commissioner Barrett expressed concern with the speed limits in the area and asked that Council take that into consideration. Bookey stated he would bring it to the attention of Council. The Commission agreed to postpone further discussion until the September 22, 2004 meeting. *PZ04-38 -- Transfer of Conditional Use Permit PZ97-24 (Veronica's Coffee House), 602 Petersen Way {Lot 39A, Dolchok Subdivision), Kenai, Alaska. Transfer requested by Rebecca Lambourn & Stanley Coleman, 1506 Toyon Way, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT 2004 Pending Violations Report Chairman Glick pointed out the updated violations report provided prior to the meeting. ITEM 10: REPORTS 10-a. City Council -- Bookey reported of some controversy over the equipment donated to the City by Snug Harbor; the new owners want the equipment back. 10-b. Borough Planning -- Bryson provided a report on action taken at the August 23, 2004 Borough Planning Commission meeting. 10-c. Administration -- No report. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (8/10/04 & 8/25 / 04) 12-b. "Planning Commissioner's Corner' Planner - July/August 2004. Public Hearing" - The Western 12-¢. Inlet Fisheries, Inc. Kenai River Center Multi-Agency Permit Application PLANNING & ZONING COMMISSION MEETING SEPTEMBER 8, 2004 PAGE 3 for replacing failing wood bulkhead - Comments due 9 / 16 / 04. 12-d. KPB Permit for Maintenance of Wooden Bulkhead- Inlet Fisheries, Inc. 12-e. PZ04-39- Landscape/Site Plan- Russ Robinson & Ron Epperson, Espresso/Donuts/Burger Kiosk, 419 Frontage Road. ITEM 13: COMMISSION COMMENTS/h QUESTIONS Commissioner Eldridge reported he will be absent for the next two meetings. Councilman Bookey reported the Katmai Motel was foreclosed on and it is possible the Commission may see some activity on the property in the future. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approXimately 7:22 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 8, 2004 PAGE 4 CITY OF KENAI PLANNING & ZONING COMMISSION 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, ALAS~, TO AMEND KMC 14.20.230(b) BY CHANGING THE DEFINITIONS OF "MOBILE HOME," "MANUFACTURED HOUSING" AND "MODULAR HOUSING." WHEREAS, KMC 12.20.240 regulates and restricts the use of "mobile homes" in the Cit of Kenai; and WHEREAS, KMC 14.20.240(f) exempts "modular home[s]" and "manufactured housing" from the provisions of KMC 14.20.240; and WHEREAS, the definitions of "mobile homes," "manufactured housing" and "modular home" are in KMC 14.20.320(b); and WHEREAS, because of recent developments in modular, manufactured and mobile homes, the definitions of them need to be changed. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY KENAI, ALASKA AMEND the definitions in KMC 14.20.230(b) as follows: Section 1 Manufactured housing means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen (16} feet, has a roof pitch of 4:12 or greater with [SHINGLES] roofing and siding common to standard residential construction and is [MOVED ON THE HIGHWAY BY A LICENSED COMMERCIAL TRAILER] transported to the site and placed on a permanent foundation. Section 2 Mobile home means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards [CONTAINED IN CODE OF FEDERAL REGULATIONS TITLE 24, CHAPTER 20] and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. PZ0440 Page 2 of 2 S~ction 3 Modular home means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. (The definition of "modular home" is replaced in its entirely by the definition above.) PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22rd day of September 2004. Chairman ATTEST: Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. -2004 AN ORDINANCE OF THE COUNCIL. OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.320(b) BY CHANGING THE DEFINITIONS OF "MOBILE HOME," MANUFACTURED HOUSING" AND "MODULAR HOUSING." WHEREAS, KMC 12.20.240 regulates and restricts the use of "mobile homes" in the Cit of Kenai; and WHEREAS, KMC 14.20.240(f) exempts "modular hOme[s]'' and "manufactured housing" from the provisions of KMC 14.20.240; and WHEREAS, the definitions of "mobile homes," "manufactured housing" and "modular home" are in KMC 14.20.320(b); and WHEREAS, because of recent developments in modular, manufactured and mobile homes, the definitions of them need to be changed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the definitions in KMC 14.20.320(b} are amended as follows' Section 1 Manufactured housing means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen (16) feet, has a roof pitch of 4'12 or greater with [SHINGLES] roofing and siding common to standard residential cons'truction and is [MOVED ON THE HIGHWAY BY A LICENSED COMMERCIAL TRAILER] transported to the site and placed on a permanent foundation. Section 2 Mobile home means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards [CONTAINED IN CODE OF FEDERAL REGULATIONS TITLE 24, CHAPTER 20] and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Section 3 Modular home means a dwelling constructed in modules or sections at a place other than the building site, butt to conform to Title 4 of the Kenai Municipal Code, is transported to the site _and then assembled _and - placed on a permanent foundation. (The definition of "modular home" is replaced in its entirely by the definition above.) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2004. John J. Williams, Mayor ATTEST: day of__~__ Carol L. Freas, City Clerk (Sheryl 8/31/04) Introduced: Adopted: Effective: CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Memorandum Date: To: From: August 10, 2004 Kenai Parks & Recreation Commission Kenai Planning and Zoning Commission/ff, Kim Howard, Assistant to City Manager Section 36 Public Purpose Parcels In 1980 the City received a deed from the State of Alaska that includes Borough parcel #043- 010-38, #043-010-33 and//043-010-34 in Section 36, as shown on the attached map. Also included is a conceptual drawing for a park for the properties that has been provided by the Parks and Recreation Director. KMC 22.05.050 states, "Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location." Please review the attached and make a recommendation as to whether the parcels are needed for a public purpose or if they can be sold. The recommendations of the Commissions will be forwarded to the Council along with an ordinance for introduction. Cc: Bob Frates, Parks and Recreation Director Attachments /kh KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 /FAX: 907-283-3693 MEMORANDUM From: Robert J. Frates, Parks & Recreation Director Date: August 20, 2004 RE: Sect. 36 - Public Purpose Parcels As you know, the Planning and Zoning Commission will be reviewing properties in Section 36 during their next meeting and recommending whether the parcels are needed for a public purpose or if they should be sold. The City previously examined some of the property in Section 36, specifically parcel//043-010- 33, for possible use as ball fields as far back as 1986. This idea has again recently resurfaced and has been discussed by the Parks & Recreation Commission for the past two years. Their goal is to someday have this area developed into a sport field complex similar to the conceptual drawing included in your Planning & Zoning packet. The current concept suggests utilization of parcel #043-010-38 in order to accommodate soccer fields and//043-010-33 for baseball fields, in addition to//043-010-34 for unspecified future recreational use. A portion of parcel//043-010-33 was once used as a landfill. In 2003, Attomey Graves, Public Works Manager Jack LaShot and I reviewed the property with Leslie simmons of the Solid Waste Management Program of DEC for the Anchorage District and determined the old landfill could probably be "capped" with dirt or gravel if we worked with them about how to do it. It was generally felt that conversion to ball fields was good use of the property given its history. Due to the increased popularity of soccer and demand for additional sport fields, this location lends itself to meeting the present and furore recreational needs of the community with respect to sports fields. Potential user groups include, Boys and Girls Club, Kenai Peninsula Comp. Soccer, Kenai Little League, Pop Warner, American Legion Baseball, as well as the general public. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ii'i' Telephone: 907-283-7535 / FAX: 907-283-3014 [~ 1992 KENAI, ALASKA MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: August 30, 2004 SUBJECT: Amendment to KMC 14.20.245 - Recreational Vehicles At your July 14th meeting, the Commission voted to postpone action on a proposed amendment to KMC 14.20.245 until brought back by administration. A copy of the minutes from that meeting is attached. Administration had brought the proposed amendment to the Commission as a proactive measure to insure that the use of recreational vehicles within the City of Kenai met the intent of KMC 14.20.245. There have been isolated incidents over the years wherein individuals had assumed that because they owned property, they could use it for long- term use of their recreational vehicle. That use is limited in KMC 14.20.245 (d). However, it has been administration's experience that individuals use the thirty-day (30- day) limit as a loophole in the code and do so by moving the vehicle within that timeframe. The current code could be interpreted to allow individuals to bring a recreational vehicle to a lot in Kenai, set it up for the summer and commute between Anchorage and Kenai for the entire summer. Technically, the use would not extend the 30-day limit. The amendment was suggested by administration to insure that lots in the City are used as defined in the zoning code for the principally permitted uses. Administration believes the suggested amendment will insure the integrity of development of lots within the city, protect neighboring properties, and limit the uses of recreational vehicles to insure health and safety. This has been a factor in the winter months in Alaska. The following is an example of what could happen in any area of the City under the current code requirements. The Building Official has determined that the roof-like structure does not require a building permit since it is not attached to the ground. The code enforcement officer is processing this recreational vehicle as a possible violation of the 30-day limit. However, the owner of this property has told administration in the past that they can store the recreational vehicle on their property. It clearly appears that this property is being used specifically as a recreational vehicle site without a primary structure on the lot. This amendment would help to eliminate instances such as this. DOES THE COMMISSION WANT TO RECONSIDER AMENDING KMC 14.20.2457 605 Peninsula Ave. Code Violation - 8/18/04 CITY OF KENAI PLANNING & ZONING COMMISSION PZ04-30 A RESOLUTION OF THE PLANN~G AND ZONING COMMISSION OF THE CITY OF ~NAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF ~NAI, ALASKA THAT KMC 14.20.245 OF THE ~NAI 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 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 prope .rty 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 14th day of July 2004. Chairman ATTEST- There were no public or Commission comments. VOTE: [. ~ldridge I Bryson Yes Amen Absent Glick Absent Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. Bryson noted the fifteen day appeal period on all the public hearings held at the meeting. 5-d. PZ04-30 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kena.i, Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by adding Section {d) (51 to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as othemrise allowed under KMC 14.20.245 {e). Kebschull explained the resolution would recommend a propoSed amendment to eliminate what staff sees aS a loop hole in the ordinance allowing parking of a recreational vehicle (RV) on private property that has no principal permitted structure. The concern includes those who think they can pull out after thirty days and pull back in to allow another 30 days' parking. She noted, administration was not trying to discourage visits from out-of-town guests, etc., but to eliminate people who have a residential lot and no residential structure on it and parking on the lot for the summer. Kebschull also reported administration had received phone calls from people who were interested in purchasing a lot which was being advertised by the seller as a recreational lot and the parking as an allowable use. MOTION: Commissioner Eldridge MOVED for approval of PZ04-30, 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). Commissioner Hammelman SECONDED the motion. There were no public comments and the public hearing was closed (no public in the audience). Hammelman asked what the main objection was to bring the resolution forward. Kebschull answered, it was a health and safety issue because the ordinance is not limited to summer use, to maintain the integrity of the subdivision, and people not wanting RV's in the neighborhood. PLANNING & ZONING COMMISSION MEETING JULY 14, 2004 PAGE 7 Discussion followed in which Barrett stated he was uncomfortable with the amendment because people come to Kenai to work during the summer and they should be encouraged to live in Kenai. He added, he was not sure the city was ready for this type of ordinance. Council Member Bookey stated he was not sure it is a real problem and had concerns with the way the amendment was written. He noted, if it comes to the council in the same form, he would probably vote against it. Eldridge stated he did not see it as a bad problem and suggested it be brought back for action when the practice does become a prOblem. Hammelman congratulated administration for being proactive to circumvent a problem. Discussion continued relating to the definition of long term parking; code requiring a house being built before a garage; hook-up of water/Sewer and electrical (and turned ' on) without a building being constructed; and the city not charging for water/sewer until a certification of occupancy for a building has been submitted. Hammelman noted administration was looking ahead, but felt more thought should be given to the issue by the Commission and administration. MOTION TO POSTPONE ACTION: Commissioner Hammelman MOVED to postpone action on the resolution until administration brings it back. Commissioner Barrett SECONDED, the motion. VOTE ON POSTPONEMENT: ~Eldridge [ Bryson Yes Amen Yes k~arrett Absent Yes Glick Hamme!man Absent Yes MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS-- None ITEM 9' CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Bookey noted the discussion on the helmet ordinance from the last council meeting. He reported a request had been made to reconsider the ordinance in August. PLANNING & ZONING COMMISSION MEETING JULY 14, 2004 PAGE 8 lO-b. Borough Planning-- No report. 10-¢. Administration -- Kebschull noted the following: · Building permit, Planning & Zoning Resolutions, and code violation informational reports were included in the packet. · A transfer of funds was approved by council to hire a staff code enforcement officer. · Work on the supplemental airport plan had begun. Members of council, representatives of Chamber, the Visitors Center, and Economic Development District, etc. had met with the contractors. The work will continue for the next few months. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. 12-d. 12-e. Zoning Bulletin (6/10/04 & 6 / 25/04) PZ04-26 - Landscape/Site Plan- Snowder Chiropractic Clinic, 205 Bidarka Street Building Permit Quarterly Report Planning & Zoning Permit Report Pending Code Violations Report ITEM 13: COMMISSION COMMENTS & QUESTIONS Commissioners Barrett and Eldridge commented on the opening of Kenai Landing. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED for adjournment and Commissioner Barrett SF~ONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:49 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING JULY 14, 2004 PAGE 9 KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/FAX: 907-283-3014 1992 MEMO: TO' FROM' Planning & Zoning Commission st at~ Marilyn Kebschull, Planning Admini r ' DATE' September 14, 2004 SUBJECT' Holiday Meeting The Commission has a meeting scheduled for Thanksgiving Eve (November 24th). DOES THE COMMISSION WANT TO REQUEST COUNCIL CANCEL THIS MEETING? AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 15, 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) Steve Franklin/Mike Pannone, Medallion Foundation-- Flight Simulator/Airport Terminal . ITEM C: /. ITEM D- David Dickerson -- Encroachment Permit Case #BA-04-1 (Inlet Woods Subdiyision). UNSCHEDULED PUBLIC COMMENTS (3 m/nute,s) REPORTS OF KP_R ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM E: I~.PORTS OF KRNAI CONVENTION/k VISITORS BUREAU _ROARD AND KENAI CHAMBER OF COMMERCE,., ITEM F: PUBLIC HEARINGS Ordinance No. 2063-2004 -- Increasing Estimated Revenues and Appropriations by $500 in the General Fund for a Grant for Police Training Equipment. . Ordinance No. 2064-2004-- Increasing Estimated Revenues and Appropriations by $368,945 for Airport Grants. , Resolution No. 2004-49 -- Awarding the bid to Alaska Roadbuilders, Inc. for Miscellaneous Paving - 2004 for the Total Amount of $49,920.00 Which Includes the Basic Bid Plus Additive Alternates 1-4. , , 8~ . ITEM G: ,, . Resolution No. 2004-50 -- Adopting an Alternative Allocation Method for the FY05 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. Resolution No. 2004-51 -- Transferring $45,800 in the Wellhouse 4 Capital Project Fund for Engineering Services. Resolution No. 2004-52 -- Awarding the Bid to DR Ice for Ice Maintenance & Refrigeration Technician Services- 2004 for the Total Amount of $59,400. Resolution No. 2004-53 -- Transferring $8,100 in the Airport Land System Special Revenue Fund for Paving. Resolution No. 2004-54 -- Transferring $5,346.88 in the General Fund for Paying Property Tax. Resolution No. 2004-55 -- Supporting the Municipal Advisory Group Resolution No. 2004-03, Advising the State of Alaska to Reinforce the Requirements of the Stranded Gas Development Act to Make Natural Gas Available to Meet In-State Demand. MINUTES *Regular Meeting of September 1, 2004. ITEM H: OLD BUSINESS , ITEM I: e , NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *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. *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. Approval -- October 5, 2004 Election Board Workers , . Approval-- Assignment of Leases & Special Use Permit -- Yukon Fuel Company to Crowley Marine Services, Inc., a. Lot 3Al, F.B.O. Subdivision, South Addition #2 b. Lot 4, F.B.O. Subdivision, South Addition #2 c. Portion of Airport Apron (35,000 sq. ft.). Approval -- Temporary Loan of Chisik Island Cannery Equipment to Kenai Landing for Display. . Discussion -- Dip Net Fishery Report. ITEM J: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION 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 "\ \ ~!i:~ ...... :~':. ~: :i~ iii~~'~ KENAIRAE BUILDING,PENINSULAINSTITuTEBOROUGHoF MARINEPLAT COMMITTEEsciENCE 125 THIRD AVENUE SEWARD, ALASKA  5:30 p.m. September 13, 2004 Tentative Agenda 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 · Katifornsky Beach Term Expires 2006 Todd Petersen East 'Peninsula Term Expires 2004 A. CALL TO ORDER B. ROLL CALL C, O, . , . . APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Mark Massion 3. Minutes a. August 23, 2004 SUBDIVISION PLAT PUBLIC HEARINGS Mommsen's Subdivision Parish Replat KPB 2004-224 - [integ rity/P a rish] Location: City of Kenai Diamond View Estates Shelt°n Replat KPB 2004-226 [Borderline/Shelton] Location: East of Sterling Hwy North of Diamond Ridge Rd. K-Bay ^PC Section Line Easement Vacation Assoc. with Soldotna Chdst Lutheran Church Tracts KPB 2004-227 [McLane/Famsworth/Soldotna Christ Lutheran Church] Location: City of Soidotna Ten Mar Ranch Bowser Addition KPB 2004-231 [McLane/Bowser] Location' North of Sterling Hwy in Sterling . Fishhaven Subdivision No Four KPB 2004-232 [McLane/St. Peter] Location: North of Oil Well Road in Ninilchik . Cooper Subdivision Clay Addition KPB 2O04-228 [Imhoff/Clay] Location: City of Homer . o 9, Seacrest Subdivision No 4 Postponed from July 19, 2004 Meeting KP B 2O04-181 [imhoff/Creasey/Merna] Location: Off Skyline Drive in Homer K-Bay APC Pettifogger's Place Subdivision Keyros Addition KPB 2004-230 [Segesser/Keyms] Location: North on Cohoe Loop Road Forest Glen Risinger Replat KPB 2004-234 [Ability/Risinger] Location: City of Homer 10. Sidback Homestead Tract A KPB 2004-235 [Lobdell/Sidback] Location: East of Halbouty Rd in Nikiski E. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED F. PUBLIC COMMENT G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held September 27, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planning@borough, kenaiiak, us web site: www. bomugh.kenai.ak,.us/plannin.qdept _ KENAI PENINSULA. BOROUGH PLANNING COMMISSION INSTITUTE OF MARINE SCIENCE RAE BUILDING 125 THIRD AVENUE SEWARD, ALASKA September 13, 2004 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dick Troeger Parliamentarian Soldotna City Term Expires 2005 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn H ohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member KasiloflClam G uich Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. B, Co CALL TO ORDER ROLL CALL APPROVAL OF CONSENT AND REGULAR AGENDA Ail 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. Parkinson Tracts Subdivision 2003 Addition KPB File 2003-159; Ability/EMJ Enterprises Location: Anchor Point Area Anchor Point APC bo Bean Creek Subdivision Just Beam Addition No 2 KPB File 2003-138; McLane/Hanson Location: North of Bean Creek Road in Cooper Landing Cooper Landing APC C, Abalone Subdivision Addition No 1 KPB File 2003-149; McLane/Templeton Development Location: West of Sterling Highway in Clam Gulch d. eo Tom's Log Cabins KPB File 2001-014; Anderson/Kelly 'Location: Cottonwood Lane, Anchor Point Area Centennial Estates Too KPB 2002-076; Anderson/Sipes/Pitts Location: Tustamena Lake Road Carl Sholin Subdivision No 5 KPB 2002-151; Anderson/Stewart Location: City of Homer g. Meadow View Estates KPB 2001-078; Anderson/Kyllonen Location: Anchor Point area Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04,070) Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2005 Max J. Best Planning Director Dale Bagley Borough Mayor Do Eo F, Plat Amendment Request a. Parsons Lake Shores Kamichia Addition KPB File 2004-157; Integrity/Darby Location: On Parsons Lake off Holt Lamplight Rd. *5. Coastal Management Program ao Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) a. An Amended Resolution granting approval of a conditional use permit for the construction of a 16-foot long by 15-foot wide elevated light penetrating deck within the 50-foot habitat protection area of Slikok Creek. (KPB Parcel I.D.: 060-013-07 060-013-08). KPB PC Resolution 2004-18 Amended. *7. Commissioner Excused Absences a. Mark Massion *8. Minutes a. August 23, 2004 Plat Committee Minutes b. August 23, 2004 Planning Commission Minutes PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) UNFINISHED BUSINESS- None PUBLIC HEARINGS . Public notice is hereby given that a public hearing will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: ao BALMAT AVENUE within Balmat Subdivision (SW 18) and Resubdivision of Lot 9 Block 4 Stewart Sub (SW 76-4), Section 26,T1N, R IW, S.M., AK; Location: between Old Nash Road and Nash Road, Seward area; ESN 752. Reason for change: bring the suffix into compliance with the Borough Code. The new name is proposed to be BALMAT STREET. b. BALMAT PLACE within Balmat Subdivision (SW 18), Section 26, T IN, R1W, S.M., Alaska; Location: between Nash Road and Salmon Creek Road; ESN 752. Reason for change: bring the suffix into compliance with the Borough Code. The new name is proposed to be BALMAT STREET. C. d. eo go ho ko m. BALMAT ROAD within Balmat Subdivision (SW 18) Section 26, T1 N, R1W, S.M., AK; Location: between Old Nash Road and Nash Road, Seward area; ESN 752. Reason for change: duplicate name. The new street name's suffix will be LANE. CASTLE DRIVE within Camelot by the Sea Subdivision (SW 76), Section 23, T1N, R1W, S.M., AK; Location: off Meddian Avenue, Seward area; ESN 752. Reason for change: duplicate name. The new street name's suffix will be AVENUE. GOLDEN EAGLE STREET within Bear Lake Subdivision (SW 75-2) and Meridian Park (SW 85-2), Section 12, T1N, R1W, S.M., AK; Location: Bear Lake area; ESN 752. Reason for change: duplicate name. HUGHES AVENUE within the Plat of Woodrow Alaska (SW 8), Section 12, T1N, R1W, S.M., AK; Location: north of Wissamickon Drive, Seward area; ESN 752. Reason for change: duplicate name. Due to the Seward Highway, the eastern portion .of Hughes Avenue and western portion of Hughes Avenue will be assigned different names. KNIGHT STREET within Camelot by the Sea Subdivision (SW 76), Section 23,TIN, R1W, S.M., AK; Location: off Excaliber Way and F. White Road, Seward area; ESN 752. Reason for change: duplicate name. The new street name's suffix will be DRIVE. MARTIN ROAD within Martin Subdivision No. I (SW 30), Sections 22 and 27, TlS, R1W, S.M., AK; Location: Lowell Point, three miles south of the City of Seward; ESN 751. Reason for change: duplicate name. TINKER TRAIL within Folz Subdivision Revised (SW 24) and Helen Jackson Subdivision (SW 79-19), Section 27, TIN, RIW, S.M., AK; Location.: North of Herman Leirer Road, Seward area; ESN 752. Reason for change: duplicate name. The new street name's suffix will be AVENUE. FREEDOM STREET (KN 78-48) within Forelands Acres Unit 3, Section 27, T7N, R12W, S.M., AK; Location: off Hinerman Road, Nikiski; ESN 501. Reason for change: dupliCate name. HUMMINGBIRD PLACE within Don's Place Subdivision (KN 83-44), Section 6, T7N, R11W, S.M., Alaska; Location: off Rector Street, Nikiski; ESN 501. Reason for change: duplicate name. The new street name's suffix will be CIRCLE. MARTIN'S ROAD within Talladco Subdivision No. 4 (KN 086-51); Tract B Jimani Subdivision No. 2 (KN 093-35); and Karen Kay Subdivision Lot 1 (KN 2000-6), Section 21,T5N, R9W, S.M., AK; Location: off Lou Morgan Road, Sterling area; ESN 302. Reason for change: duplicate name. MUNSON TRAIL within Munson Subdivision No. 1 (HM 81-15) and Munson Subdivision No. 2 Amended (HM 82-70), Section 6, T7S, R11W, S.M.., AK; Location: lsmailof Island; ESN 901. Reason for change: duplicate name. The new street name's suffix will be ROAD. F. PUBLIC HEARINGS G. H. Jo K. Lo Mo No O. Po Q. . A land-use permit application was received by the Borough to operate a gravel site in the Kalifornsky Beach/Ciechanski area; Location: T05N R11W S24, Seward Meridian, KPB 05527035; Parcel: 27.73 acres; Portion to be Gravel Pit: approx. 18 acres; Applicant: Mercedes A. Gibbs; Owner: Mercedes A. Gibbs. , A land-use permit application was received by the Borough to operate a gravel site in the Sterling area; Location: Dawn Estates Pearse Addn Lot 6B T05S R09W S29, Seward Meridian, KPB 06332017; Parcel: 8 acres; Portion to be Gravel Pit: approx. 2.5 acres. . o A resolution supporting use of the Sterling Community Plan as a tool in the Borough's Comprehensive Plan process. A resolution authorizing the lease of warehouse and yard space at Lot 1, Block B, Nikiski Village Subdivision, KN1585, for Storage of Nikiski Fire Apparatus. . Resolution 2004-088 - A resolution supporting the Tsalteshi Trails Association 2004 Alaska Department of Natural Resources Recreation Trails Grant APplication ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS . Building Setback Exceptions ao Lot 1 Block 2A Mountain Glacier Estates Part Five; KPB 2004-229; KPBPC Resolution 2004-55; Petitioners: -Lee and Mary Jeffers; Location: West of East End Road. bo Lot 8 Block 3 Moose River Estates; KPB 2004-233; KPBPC Resolution 2004-56; Petitioner: Gary Tanghe; Location: Off Silver Salmon Ddve in Sterling. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 10 plats. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . Reconsideration of December 8, 2003 Plat Committee Conditional Preliminary Approval of Alaska State Land Survey 2003-2 Decision . Soidotna Planning & Commission August 17, 2004 Agenda . Resolution .SN 2004-12 Renaming Certain Public Right of Way within Section 7, T5N, R8W, Seward Meridian, Alaska within Emergency Service Number (ESN) 302; Section 24, T5S, R15W, Seward Meridian, Alaska, within Emergency Service Number (ESN) 401; and Section 9, T6S, R14W, Seward Meridian, Alaska, within Emergency Service Number (ESN) 202 , The Touchstone Newsletter- August 2004 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held September 27, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Anchor Point Cooper Landing Meeting Location Date Time Visitor's Center September 21 7:00 p.m. Community Center 'October 13 7:30 p.m. The Kachemak Bay Advisory Planning Commission has adjourned for the summer. The next regularly scheduled meeting is October 7, 2004. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: Dlannin~borou~h.kenai.ak. us web site: ,www. borou.qh.kenai.,ak, us/plan, nin.qdePt CITY OF KENA! "oa ol 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM:C[~ DATE' Marilyn Kebschull, City Planner Cary R. Graves, City Attorney September 14, 2004 Limited Commercial Zone Enclosed is a draft of the proposed Limited Commercial Zone (LC). It would be codified as KMC 14.20.120. 14.20.120 Limited Commercial Zone (LC Zone) (a) Intent: The LC Zone is established to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table. (d) Accessory Uses: As defined (see definitions section). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirement' As described in this chapter. (g) Parking Requirements' As required by this chapter. Attached is also a copy of the Land Use Table containing a blank column for the LC Zone. The Planning & Zoning Commission would fill in the blank as to whether a particular use was appropriate in that zone. The administration would take that information in order to prepare a draft ordinance for the Commission's review. Please let me know if you have any questions. CRG/sp