The URL can be used to link to this page

Home My WebLink About2005-02-09 Planning & Zoning PacketAGENDA KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION/k VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: . ITEM G: PUBLIC HEARINGS Ordinance No. 2079-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund for a Grant for Police Exercise Related Training Equipment. Resolution No. 2005-03 -- Opposing Kenai Peninsula Borough Ordinance 2004-36, an Ordinance Amending KPB 5.18.430, Sales Tax Computation -- Maximum Tax, by Increasing it from $500 to $1000. Resolution No. 2005-04 -- Transferring $4,000 in the Airport Land System Special Revenue Fund for Maintenance and Repairs. Resolution No. 2005-05 -- Transferring $4,000 in the Water and Sewer Special Revenue Fund to Purchase Appraisal Services. MINUTES . *Regular Meeting of January 19, 2005. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS . Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an Employee Classification for Employees Hired Under the "Mature Alaskans Seeking Skills Training" (MASST) Program. Approval -- City Attorney Job Description Approval-- Lease Application -- Charles E. & Helen L. Tulin d/b/a Aviation Support Services, LLC/Portion of Tract A, General Aviation Apron No. 2. 6, Discussion -- Scheduhng Work Sessions ~ ~/~e~_~--/~/~~a. Title 17, Public Utility & Enterprises and Public Utility Regulation ITEM J: & Rates. b. Budget Work Session COMMISSION/COMMITTEE REPORTS o 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 COMMISSION CHAIR REPORT February 9, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: Comprehensive Plan- Ptl- 28-33 Ptl. 53-54 Commissioner Eldridge o N o~ N g.. A A A A A AA A A ~., X ~ .i o E 0 0 0 e-- 6~ >, o > fl.. t.D ~ t~ o ~ ~ E ._o '-~ [ ~.~ N E -- a_ ~ u_<r< a. <r 0 0 ~ ~0 :m N [~. N 0 m 8 Eo® t- O 0 0 t.__ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 9, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by 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. *January 26, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ05-09 - Preliminary Plat - General Aviation Apron No. 4 (A resubdivision of General Aviation Apron No. 2, Tract A) within Surveyed, Section 32, T6N, R11 W, SM, Alaska. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldoma, Alaska. Se PUBLIC HEARINGS: a. PZ05-06- An application to amend Conditional Use Permit PZ02-27 from a catering business to meal preparation sessions for the property known as KN T06N R11W S34 NWl/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Applicant submitted by Cheney McLennan dba The Family Table, 601 Davidson Street, Kenai, Alaska. b. PZ05-08 - A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish a Limited Commercial Zone and changing several sections of the Kenai Municipal Code to include the new Limited Commercial Zone. 6. OLD BUSINESS: e NEW BUSINESS: a. Zoning- Tract C, Daubenspeck Property- Discussion/Recommendation 8. PENDING ITEMS: 9. CODE ENFORCEMENT: Agenda February 9, 2005 Page 2 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning. Bulletin (1/10/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 26, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by 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. *January 12, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: e PUBLIC HEARINGS: a. PZ05-04 - An application for a Conditional Use Permit for an in-home massage therapy business for the property known as Lot 44, Block 1, Redoubt Terrace Subdivision (109 South Gill Street), Kenai, Alaska. Application submitted by Jean-etienne Wetter, 109 South Gill Street, Kenai, Alaska. PZ05-05 - An application for an Encroachment Permit for a front yard setback for the property known as Lot 1, Block 6, Redoubt Terrace Addition No. 3, Bluff View Condominiums (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne & Diane E. Craig, P.O. Box 1613, Kenai, Alaska. bo 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ05-07 - An application for a Home Occupation Permit for a daycare for the property known as Lot 4, Block 5 Thompson Park Subdivision No. 2 (235 Eisenhower Lane), Kenai, Alaska. Application submitted by Stephanie Owens, 235 Eisenhower Lane, Kenai, Alaska. b. Amendment to Kenai Municipal Code - Title 14 - Definitions (Condominium) - Discussion c. Lease Application, Portion of Tract A, General Aviation Apron No. 2 - Charles E. & Helen L. Tulin- Discussion and Recommendation 8. PENDING ITEMS: e CODE ENFORCEMENT: a. 2004 Year End Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Planning & Zoning Roster b. Board of Adjustment Minutes PZ04-49 c. Finding & Decision- Spring 2005 Land Disposal Auction 435 d. Board of Adjustment Decision In the Matter of the Appeal of Blue Sky Pilots Trust 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/l~ ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 26, 2005 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MEETING MINUTES ITEM 1' CALL TO ORDER Chair Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows' Commissioners Present: Others Present: C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen and J. Barrett Council Member Ross, City Clerk Freas, Building Official Springer, and Planning & Zoning Department Assistant Carver. A quorum was present. X-bo Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda, however, moving Item No. 7-c forward between Items 4 and 5 and Commissioner Barrett SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1 Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 12, 2005 Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 7' NEW BUSINESS Discussion/Recommendation -- Lease Application, Portion of Tract General Aviation Apron No. 2 - Charles E. & Helen L. Tulin. Planning ga Zoning Department Assistant Carver reviewed the memorandum included in the packet, noting the property was in the process of being subdivided; the parcel is zoned Light Industrial (IL); and, the Commission needed to determine if the intended use complies with the zoning ordinance and the Comprehensive Plan. Carver also reported, the proposed use complies with the zoning ordinance and the Plan and the Airport Commission recommended Council approval of the lease application during their special meeting immediately prior to the Commission meeting. Council Member Linda Swarner-- 298 Rogers Road, Kenai and Council Liaison to the Airport Commission. Swarner reported the Airport Commission in a special meeting immediately prior to the Planning & Zoning Commission meeting in order to consider this lease application. She noted, the Commission found the lease application to be in the best interest of the airport, was in accordance with the Airport Master Plan, and recommended approval of the lease application. MOTION: Commissioner Glick MOVED to recommend approval of the lease application for a portion of Tract A, General Aviation Apron No. 2 to Charles e. ga Helen L. Tulin. Commissioner Amen SECONDED the motion. Commissioner Bryson reported his work was involved with the project and he would abstain from voting on the issue, however he was available for questions. Charles Tulin, 529 West Third Avenue, Anchorage, 99501 -- Mr. Tulin noted the following: · They are interested in developing the property to its highest and best use. · They have been in discussions with Federal Express and will be meeting with them again in February. · They want to build a large hangar with aviation-related shops and offices with the possibility of building a second hangar on the Granite Point/Willow corner of the property. · They plan to develop the property with a 60 foot setback to allow for landscaping and parking. · The construction would be high quality. · If the lease application is approved, they would want to begin preparing the property for construction this year. Tulin added, as a result of their moving forward with the lease application, they have been contacted by United Parcel Service, who are also interested in a more central location, as well as FAA who stated they are requiring additional office space and inside storage. PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 2 Rebecca Cronkhite~ Kenai Airport ManaEer -- Cronkhite reported, this property had been before the Commission previously with a different application that was not pursued. She explained, Tract A-1, fronting on Willow Street, is ready for development and would be where the hangars would be built. Previously, it had been indicated Tract A-3 and Tract A-2 were designated for future apron expansion and transient aircraft parking. Before proceeding with the applicant, she met with FAA. She noted, the lease would include restrictions that Tract A-2 would be developed as an aircraft parking apron, with the possibility of T-hangars being constructed there. Cronkhite stated, she met with FAA to insure that even though it is in the Master Plan for future apron expansion, the FAA does not require the airport build that apron to park transient aircraft, but is a place they feel in planning, that should be done. She noted, it seemed the benefits of Tulin building the aircraft parking area were obvious. Cronkhite explained, some of the things Tulin was proposing would accommodate a full FBO service to the corporate jets coming through the airport. She also noted drainage issues with this lot are being addressed by the City. The lessee will receive drainage specifications to which the ramp/apron property will be required to be developed in order to avoid any conflicts with the airport properties. Commissioner Amen questioned the Building Restriction Line (BRL). Cronkhite explained, the BRL currently exists approximately where the utility easement is and will allow Tulin to build his hangars well behind the BRL as required. She added, in her meetings with FAA, if Tulin pursue building T-hangars on the parking apron, because of the relationship with the taxiway, etc. the City can apply to the FAA to move the BRL to accommodate a T-hangar if necessary. Amen questioned the 55-year length of lease and asked if the lease stipulated the city's ability to invalidate it if the planned development does not take place in a certain amount of time. Cronkhite explained, the lessee is required to build within two years and the size of the investment determines the term of lease. She added, the City is protected in several ways. VOTE: Glick Twait Barrett Yes Yes Yes Hammelman Eldridge Yes Bryson Yes Amen Abstain Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PZ05-04- An application for a Conditional Use Permit for an in-home massage therapy business for the property known as Lot 44, Block 1, Redoubt Terrace Subdivision (109 South Gill Street), Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 3 Application submitted by Jean-etienne Wetter, 109 South Gill Street, Kenai, Alaska. Carver reviewed the staff report included in the packet, noting the application for Conditional Use Permit is for an in-home massage therapy business and the applicant plans to convert a 13'xl 5' portion of their existing garage for the business. She also reported the use is consistent with the zoning code and the Comprehensive Plan and staff recommended approval of the permit. The public hearing was opened. Annett Lynn Wetter, 109 Gill Street, Kenai -- Wetter noted the following: · There would be no abnormal amount of noise with the business. · It would involve a limited amount of traffic during the day. Signage would include a sign (limited to five square feet) placed above the garage doorway and would not be any on the street. Currently there are no legal requirements for these types of businesses outside Anchorage or Fairbanks, though she has acquired a certain amount of education and plans to receive a national certification. · There is adequate parking space available using her driveway. · Currently, the business would be limited to herself alone, though she would like to move to a commercial area in the future as her business grows. Carver also reported the permit is transferable to another person at the same site but not without going through the Conditional Use Permit process, though the permit cannot be transferred to another site. The public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-04 and Commissioner Glick SECONDED the motion. Building Official Springer confirmed the signage described by the applicant conforms with the home-use limitations. VOTE: Glick Twait Barrett Yes Yes Yes Hammelman Eldridge Yes Bryson Yes Amen Yes No MOTION PASSED. The applicant and audience was informed of the appeal process. PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 4 a-bo PZ05-05 - An application for an Encroachment Permit for a front yard setback for the property known as Lot 1, Block 6, Redoubt Terrace Addition No. 3, Bluff View Condominiums (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne & Diane E. Craig, P.O. Box 1613, Kenai, Alaska. Carver reviewed the information included in the packet, noting the following' · The encroachment permit requested is for the front yard setback on the Toyon Drive (Way) side of the building. In 2002, the Commission denied a setback variance to build in this · setback. codes. built. Building Permit 133938 was issued that met the building and zoning The encroachment was discovered in October, 2004 with a submitted as- Both the applicants and Building Official Springer were present to answer questions. · Planning staff recommended denial of the encroachment permit. Commissioner Amen, referring to the letter included in the packet from the applicants and requesting Amen recuse himself from voting on the issue, noted the following: · From his recollection and the public record, he estimated he supported Craig's position on several occasions. · The Commission needs to remain objective on either side of an issue. · Requested he be recused during the discussion and voting process on PZ05-05. He explained, he did not want to set a precedent, but wanted to be a good neighbor and by vacating his seat, he felt it would add validity to the Commission's decision on the issue. Chair Hammelman stated he would allow Amen to recuse himself, unless there was objection from the Commission. Commissioner Bryson stated he felt Amen should be allowed and required to vote on the issue. He noted, people become aware of issues coming before the Commission by public posting of the agenda on bulletin boards, newspaper publication of the agenda, and signing on the property..Bryson added, the subject property had been before the Commission multiple times and anyone who had not formed a perspective on different components related to the property, he would question the qualifications for being on the commission. Bryson stated, planning commissioners are selected from around the city to provide input in specific areas of the city. Instead of restricting members from participation on an issue, he believed the members should be encouraged because they have a greater local knowledge on the issues affecting their neighborhood. Bryson stated, as a commission member., he had been notified three times because he lived within 300 PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 5 feet of issues taking place before the Commission. All affected him, though he did not support all of the issues. Bryson stated, he believed Commissioner Amen should be allowed to vote on the issue. Commissioner Glick stated he believed there were many issues coming before the Commission and some or all of the members are familiar with the property involved because Kenai is a small town and because they know or drive by the properties on a frequent basis. Because they may be neighbors, they should not be recused from voting or participating in the discussions. Glick stated, as long as the issue does not affect the member monetarily, i.e. there is nothing for the member to gain or lose from the issue, the Commissioner should participate in the process. Commissioner Barrett stated, though the arguments of Glick and Bryson were good, he would acquiesce to Amen's best judgment. Commissioner Eldridge stated, though he understood Amen did not have to recuse himself if there is no monetary involvement, he believed there was some feeling that since he testified when Craig appealed to the city council on a previous issue for the same property, as a resident of the area involved, he would be left with some question of whether he should participate on the issue or not. However, he believed it was Amen's decision as to how it would affect his decision-making ability on the Commission. Commissioner Twait stated, the precedence it would or would not set was something needing to be considered as to what may or may not happen in the future. He added, even though Amen stated he did not want his request to recuse himself to set a precedence, the potential was there to do that and to keep the integrity and effectiveness of the Commission in tact, he believed Amen should participate in the process and consideration of the issue. Hammelman stated, he believed it was Amen's decision, but did not want to think any of the members would not be impartial in making decisions. Amen stated, his request stood to recuse himself. MOTION: Commissioner Bryson MOVED to not allow Commissioner Amen to be recused from the voting and Commissioner Glick SECONDED the motion. There was no discussion on the motion. VOTE: Glick Yes Twait Yes Barrett No Hammelman No Eldridge No Bryson Yes Amen Yes PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 6 MOTION PASSED. Hammelman explained, with the vote on the motion, Commissioner Amen would participate in the process on the issue (including voting). Hammelman opened the public hearing on the issue: Verbatim begins' DeWayne Craig, 406 South Forest Drive, Kenai -- Sorry that I have to be here again. I was pretty upset, I was pretty upset when I found out that I had another encroachment and I'd like to keep it brief. There's not too much I can say, I think, that you don't already know. I just want to go over a few things on the staff report. On the second page, page 2, second paragraph, it says, the bottom floor of the structure meets the codes, so the garage is okay. It can be 15 feet into the setback, but ~t says that the living space can't be on the second and third floor. The encroachment, when I talked to Cliff Baker, he said it was one and one-half square feet and this is approximately one and one-half square feet (Craig held up a paper diagram), so that's the size of encroachment that we're talking about and the living space, if you talk about, if you break it down to the actual living space, this corner right here that's not, does not have any marks on it, is the actual living space approximately. It could be a half inch one way or the other, but it gives you an idea of what we talked about. This outside is T-111. The sheetrock and the two-by-sixes make up the outside walls. When I got ready to do this, I called Cliff Baker cause we just did, we just did an as- built and I asked him how far over I should move it from the existing building, the two-story building, so that it would, so I wouldn't be an encroachment. He told me so many inches, I don't remember what it was now, and I think I moved it over a couple more inches than what he said, and, so I made that effort when I laid out the footings and Bob said that he wanted to make sure that the footings were, weren't in an encroachment, and so together we worked on measuring it and I had the footings, I had the footings in the ground and he did a footing inspection and on the inspection report he put verified setbacks apparently, or appear to be okay -- measured off the centerline of Toyon Way appears to be 25 feet nine inches, the property line to the corner of the garage closest to the corner of Toyon and Forest Drive, so I thought, great, you know. I thought I was okay cause I did it the way Cliff, where Cliff says it was and we came out with 25 feet nine inches when, when the city building inspector and I measured it together. Over on the second page, or excuse me, page 3, under recommendations, it says it meets the requirements, Kenai Municipal Code 14.20.185, so the planning people said that. Then you go down to the third paragraph under recommendations, it says there are encroachments on four, on all four sides. I think you're as well aware as I am that, how I cleared up the other three encroachments, the 1980 encroachment and the encroachment over the living area. All three of those have been taken care of and you PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 7 guys have a good history on that. I'm not going to go into that anymore. And then, then it says, every effort to insure that these requirements were met. The planning says that I didn't, make every, every effort to make sure these requirements were met and they're probably right. I, I, ...looking back on it, I should have had the surveyor come over and put a stake where I, where it needed to be but I thought, you know, there was a measuring error made, I checked with Cliff Baker before I did it. We measured footings when they were in the ground and then, when I had the latest as-built done, it was, well I had the date here somewhere, anyway it's just a month or so ago, a couple months ago. Maybe October. Cliff Baker, I was talking to him while he was doing the field survey and he said that it looks okay, probably won't know until we do a drawing. So even Cliff Baker said, after he was doing the deal, it looked okay and so, with him doing it, I guess there was a measuring error somewhere and he was talking about it's hard to do the measuring error, the measuring correctly I guess, because the way the road is not at a 90-degree angle, so it goes off 110 degrees or something like that, so I guess what must have happened, it was hard to get a straight line to where the middle of the road was to verify the setbacks. So, what I'm asking for tonight is a foot-and-one-half, and if you, if you take out the, if you take out and just look at what the planning says is living space, this little section here would be the actual living space on the foot and one-half encroachment. One and one-half foot encroachment. That's what we're talking about and that's what we're asking you to do. Hammelman: Thank you Mr. Craig. Hold for question please. ,Jay? Barrett: I hope when you had the measurement of the footing done and that it came 25 feet nine inches, at that time and pardon me if it's in here and I didn't read it, at that time did you plan on putting living, two stories of living space above that structure and did... Craig' It was all part of the building permit at that time. Yes. Barrett: And, correct me if I'm wrong here, but there are two different ways that this could not be a problem. One is if you didn't have living space on top there and the other is if the Forest Drive side was considered the front and the other drive... Craig: ...would be considered the side... Barrett: ...the side setback. Is that right? Craig: Yeah. Barrett: Okay. Craig: But I, but I think it's pretty clear in here that when you're out...(tape change)...that you take both sides as fronts. PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 8 Hammelman: Yes, Jay. Barrett: I'd like to ask the Building Official this. The purpose of the side setbacks is safety for, perhaps say for a fire if there's another home next door you want more space on sides, enough space on sides? Building Official Springer: The building code has separate setbacks and that is in relation for the spread of fire. They, it, it requires a minimum setback to solve that, to try to alleviate the spread of fire. Barrett: Are front setbacks mostly for esthetics or to provide for parking or... Springer: It's, yeah, it's all esthetics. The building code has no requirement for when you front on a public way, there is no, no setback for that in the building code. Barrett: Thank you. Hammelman: comments. Are there other questions for Mr. Craig? Okay, we appreciate your Craig' Thank you very much. Hammelman: this evening? Is there anyone else in the audience that would like to comment Barrett: He may not have heard you... Glick: He did, he said no... Hammelman: I was actually waiting for a response from Mrs. Craig. Hearing and seeing none, we'll close the public hearing and ask for the wishes of the Planning Commission or Planning & Zoning Commission. Public Hearing was closed. Eldridge noted he received several calls relating to the issue. One was from a neighbor living on Toyon Way who felt it would not be appropriate to deny the permit and felt there was not a problem. Eldridge asked Springer's recollection of the measuring when the footings were placed. Springer stated, when he did the footing inspection, they pulled the tape measure off a string line and that was where the 29 foot 9 inches was noted. Springer added, it was possible Toyon Way was not centered in the right of way. He noted, there was a nine- inch cushion and it appeared that would be sufficient. Eldridge noted, because it was just one corner of the building and the area was minimal that was impacted, he believed Craig made efforts to comply with the setback requirements and had it inspected by the Building Official and an engineer. He suggested, even though the past issues, even though it was listed in the report, was PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 9 not what was to be voted on currently. Hammelman noted, he believed the Commission was aware of that and requested a motion. MOTION: Commissioner Eldridge MOVED for approval of PZ05-05 for an application for an encroachment permit for the front yard setback at the property identified as 406 South Forest Drive and Commissioner Glick SECONDED the motion. Bryson stated he was quite familiar with the history of the property and found it disturbing with the continual encroachment situation on the property representing all four sides, several building permits where there were deviations from the requirements, but also realized the 1½ square foot was an insignificant amount and would support the motion. Amen asked if he could abstain from the vote and Hammelman stated no, because his opportunity to abstain had passed and the justification monetarily wise as a reason to abstain was not supported by the Commission. Barrett stated, he believed the option of denying the permit would mean tearing down two stories of a building. He added, he hoped any future additions to the building would be more closely measured. Hammelman referred to the recommendation included in the staff report, i.e. if the Commission grants the request, before the permit being granted the applicant should be required..."To complete Building Permit B3938 according to the application and building permit issued prior to the encroachment permit being issued." Hammelman asked Springer if that would still be effect. Springer stated yes and added, currently the applicant was not in full compliance with Building Permit B3938 and in order for him to become in full compliance, he would be required to obtain another building permit to add another part to the structure. Springer added, it would not increase the footprint of the building, but would complete the B3938 permit. Hammelman asked the maker of the motion (Eldridge) if his intention was to include that recommendation. Eldridge noted it was and the second (Glick) concurred. VOTE: Glick Yes Hammelman Yes Twait Yes Barrett Yes Eldridge I Bryson Yes Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 10 PZ05-07 - An application for a Home Occupation Permit for a daycare for the property known as Lot 4, Block 5 Thompson Park Subdivision No. 2 (235 Eisenhower Lane), Kenai, Alaska. Application submitted by Stephanie Owens, 235 Eisenhower Lane, Kenai, Alaska. Approved by consent agenda. 7-bo Discussion -- Amendment to Kenai Municipal Code - Title 14- Definitions (Condominium) Carver requested comments from the Commission as to the draft definitions included in the packet. There were none offered. Carver reported the issue would be brought forward for public hearing on the next Commission agenda. Discussion/Recommendation-- Lease Application, Portion of Tract A, General Aviation Apron No. 2- Charles E. & Helen L. Tulin. Heard after Item 4. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT 9-a. 2004 Year End Report-- Carver noted, funding for a Code Enforcement Officer has been included in the budget work sheets to be submitted to Administration for review. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the following: * The action agenda from the January 19, 2005 council meeting was included in the packet. · Ordinance No. 2078-2005, which would make extensive changes to the utility ordinance and regulations, was removed from the consent agenda and from the agenda. A work session to review the changes will be scheduled before the ordinance will be returned to council for consideration. · The Kmart liquor license and he explained, though the store was no longer situated in the city, the package license was being kept current. · The 'town clock' issue was referred to the Parks & Recreation Commission to review and make recommendation as to type and location for placement. He noted, $5,000 was included in the current budget for the purchase, however information received indicated the project would be more costly. Amen suggested citizens may be interested in donating to the project. 10-b. Borough Planning -- Commissioner Bryson noted the agenda for their January 24, 2005 meeting. He noted there were two vacations considered and both PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 11 were approved. 10-c. Administration -- Carver reported the ordinance to include a Limited Commercial Zone to the zoning code had been completed and would come to the Commission for public hearing at their February 9 meeting. A draft of the daycare-by- relatives ordinance would also be forwarded to the Commission for review. Eldridge stated he believed the Millennium Square property should be rezoned to conform to the Comprehensive Plan. Carver stated she would research the issue and a report would be offered at the next Commission meeting. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. 12-d. Planning ga Zoning Roster Board of Adjustment Minutes PZ04-49 Finding & Decision - Spring 2005 Land Disposal Auction 435 Board of Adjustment Decision In the Matter of the Appeal of Blue Sky Pilots Trust ITEM 13: COMMISSION COMMENTS & ~UESTIONS Eldridge -- Suggested the Commission should not consider any additional encroachments for additional condominiums on the Craig property since it there are encroachments on all sides of the building. Amen -- Stated he believed the Commission did a great job during the meeting in maintaining professionalism and integrity relating to the Craig matter; he wanted to be sure the Commission were proper in their dealings; and, some of his questions and clarifications were to insure public knowledge as the discussions progressed. Amen referred to DeWayne Craig's letter included in the packet and noted the following (as an individual): · His first statement claiming he spoke as a private citizen and sought to influence the Board by presenting himself as a Planning ga Zoning Commissioner -- he acknowledged himself as a private citizen in that he and his wife have a home in the area and indicated he was on the Planning ga Zoning Commission in order to make full public disclosure. · During the Board of Adjustment, he was asked what the Commission felt about a particular item and he clarified he was not representing the Commission at that time. He took exception to this statement of Craig. · He took the letter as a challenge to his integrity as to whether he is fulfilling his oath as a Commissioner and wanted to strongly refute it. He added, his integrity was decided by his vote, but his integrity was decided by the manner in which issues are analyzed. PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 12 · Appreciated the support of the Commission on keeping the integrity and professionalism of the Commission intact. Barrett-- No comments. Twait -- Asked Springer, when certified plot plans were required before issuing a building permit, were there less applications for encroachments since that requirement changed. Springer stated he felt they were probably the same amount. Bryson-- Noted the following: · Plot plans are paper plats, presumably to scale, but are not a survey. Noted, issues are brought to the Commission for a decision; if council believes Commission members should recuse themselves from decisions, they should provide guidelines in that respect. · Clarified his motion to compel Commissioner Amen to participate in the Craig matter was not a reflection on Amen. He added, he believed the Commission needed to address the Craig request for Amen to recuse himself which he felt the Commission did. A brief discussion followed. Hammelman noted, he was not sure how the issue should have been handled and was happy with the outcome. ITEM 14: ADJOURNMENT MOTION: Commissioner Barrett MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:19 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING JANUARY 26, 2005 PAGE 13 STAFF REPORT To: Planning & Zoning Commission Date: February 2, 2005 Res: PZ05-09 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldoma, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat- General Aviation Apron No. 4 (A resubidivision of General Aviation Apron No. 2, Tract A) Within Surveyed Section 32, T6N, R11 W, SM, Alaska 209 Willow Street- North 04324025 IL- Light Industrial Vacant Airport Industrial/City Center This plat subdivides a 5.24-acre parcel into 3 smaller parcels. The property is zoned Light Industrial. The resulting tracts meet the lot size requirements for the zone. The plat expands the current 20-foot utility easement to a 50-foot utility easement between Tracts A-1 & A-2. Property is being subdivided by the City of Kenai for a furore airport lease applicant. The lease applicant has been in contact with Federal Express, United Parcel Services and FAA to construct a hub for general aviation support. A portion of the property will be used for transient aircraft parking. Ci_ty Engineer: The new subdivision meets airport needs and will accommodate a potential development. Building Official: No Building Code issues. RECOMMENDATIONS Recommend Approval. ATTACHMENTS: 1. Resolution No. PZ05-09 2. Preliminary Plat KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-09 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS' WHEREAS, the attached plat GENERAL AVIATION APRON NO. 4 was referred to the City of Kenai Planning and Zoning Commission on February 9, 2005 and received from McLane Consulting Group. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned IL- Light Industrial and therefore subject to said zone conditions. 2. Water and sewer: available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify~that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE GENERAL AVIATION APRON NO. 4 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February. 9~ 2005. ATTEST: // ~, ./'";137N/ -VO( 3.0g,ZOoOOS c~~ o.o o On, c~ z 7~LLI .I.~'66E: .',9g:'6gO I. 3,,Og. ZOoO0$ q. Og. ZOoO0$ STAFF REPORT To: Planning & Zoning Commission Date: January 12, 2005 Res: PZ05-06 GENERAL INFORMATION Applicant: Cheney McLennan The Family Table 601 Davidson Street Kenai, AK 99611 252-6634 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Amend Conditional Use Permit- Meal Preparation KN T06N R11W S34 NWl/4 SW1/4 SW1/4 NE1/4 601 Davidson Street 04519001 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. 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. 0506 Comment.doc Page 2 In 2002, applicant applied for and received a conditional use permit for a commercial kitchen with off-site catering (catering business). The commercial kitchen was constructed and the catering business operated through November 2004. The decision to close the catering business was due to, "the extreme costs and liability of operating a catering business with employees." With that decision, the applicant decided to open "The Family Table." This is a business wherein clients come to the kitchen for sessions where they assemble their own meals. Meals are prepared and then taken home in containers. The sessions usually host four to six participants and occur on average two to three times per week. During this years' required certificate of compliance, it was discovered that the applicant had closed the catering business and began the meal preparation sessions. The applicant did not realize that this would require an amendment to his conditional use permit and when notified immediately filed the paperwork to proceed with the amendment. The on-site meal preparation sessions would appear to be no more obtrusive than the catering business that required employees to work at the commercial kitchen preparing meals. A copy of the original application (PZ02-27) and site plan is attached. This site has sufficient parking for the proposed activity. When reviewing and approving the original conditional use permit application, the Commission determined the use met the criteria required under KMC 14.20.150. City Engineer: Parking, snow storage, and drainage would not be affected by the change. Building Official' The change will not affect the building code requirements. RECOMMENDATIONS This business replaces a previously approved conditional use permit for a catering business. The catering business employees worked at the location preparing meals. The proposed amendment will allow on-site meal preparation for four to six participants. The sessions are scheduled and limited to the number of participants. The proposed business would not appear to increase the previous activity at the site. Recommend approval. ATTACHMENTS' 1. Resolution No. PZ05-06 2. Application 3. PZ02-27- Comments, resolution, application, and drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-06 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: Chene¥ McLennan dba The Family Table USE Meal Preparation Sessions LOCATED 601 Davidson Street- KN T06N RIIW S34 NWl/4 SW1/4 SW1/4 NEI/4 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04519001 WHEREAS, the Commission finds' I , That an application ~neeting the requirements of Section 14.20.150 has been submitted and received on: January 10, 2005 , 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. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on' February 9, 2005. 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. Meal Preparation Sessions - The Family Tab!.e.. 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, FEBRUARY 9, 2005. CHAI~ERSON: d ::/:0' ATTEST: KENAI, ALASKA Applicant's Name: Business Name' Mailing Address' Street Address' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-: CONDITIONAL USE PERMIT APPLICATION Date: ,.~ (Where permit will be operated from.) Legal Description of Property:_' . 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. he c,,.,,e c. /~..v. . .A,,~ The fo!lowin£ information must,be provided before your application will.be considered for processing. Do not submit your application Until it contains all retluired 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 infot)[nation provided is accurate to .the.b~j~ of my knowledge. Applicant: Date' STAFF REPORT To' Date- Planning & Zoning Commission May 15, 2002 Res' PZ02-27 GENERAL INFORMATION Applicant' D. Cheney McLennan 283-7790 The Chase is Over Catering LLC P.O. Box 1926 Soldotna, AK 99669 Requested Action' Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Conditional Use Permit - Commercial Kitchen for Catering (Off-site)- Catering Business TO6N R1 lW S34 KN NW ¼SW ¼SW ¼NE ¼ 601 Davidson Street 04519001 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; 0227 Comment.doc Page 2 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met 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 proposes to build a DEC certified commercial kitchen for off-site catering. The catering business will operate from this location; however, the catering will be off-site. On-site activities will involve using phone, fax, and delivery service and preparing the food. The business will have minimal traffic impact to the area as it is anticipated that deliveries will be once a week. Applicant notes that two of the current employees live within 200 feet of the site. Applicant has provided a detailed landscaping/site plan and a drawing of the proposed structure. City Engineer' On-site parking and site drainage appear adequate. The structure will also be served by city water and sewer. Building Official' Applicant will go through the normal building permit and inspection process. No other building issues. ,, RECOMMENDATIONS 'Because the business will minimally affect the surrounding property owners, recommend approval. "ATTACHMENTS: 1. Resolution No. PZ02-27 2. AppliCation 3. Drawings CITY OF KENAi PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ02-27 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' D Cheney McLennan, The Chase is Over Catering, LLC USE Commercial Kitchen for off-site catering - Catering Business LOCATED' T06N R11W S34 KN NW ¼SW ¼SW ¼NE ¼-601 Davidson St. (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO' 04519001 WHEREAS, the Commission finds' · That an application meeting the requirements of Section 14.20.1 50 has been submitted and received on' May 14, 2002 o This request is on land zoned' RS - Suburban Residential 1 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. e be That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on' June 12, 2002 Se 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 Commercial Kitchen for off-site catering 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, JUNE 12, 2002. ,"~~PERS~N: ATTtST.~ CITY OF KENAI "~~ ~ 4 ,,;~,..,," 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-21 RECE Applicant's Name' Business Name- CONDITIONAL USE PERMIT APPLICATION Mailing Address' Street Address: ~.. (Where permit will be operated from.) HAY 14~ Cl~' OF KENAI NING DEPARTMENt' Date: x~. ~"'~/~,~.ff,~ /~~~~2~~).~ Phone' Legal Description of Property: Kenai Peninsula Borough Parcel No.' City of Kenai Zoning' f~ ,S - ~.fc.~,,bu~F Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. , ROY L. HAY SUBD. Subject Property .EBEE AVE ALIAK DR _ ALIAI~ DR ~ KEN A ]: PLA NNING & ZONING COMMISSION PUBLIC HEARING NO'~CE /~EETING OF Februory 9, 2005 Kenai City Council Chambers 210 Fidalgo Avenue February 9, 2005 ~ 7 p.m. KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-08 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED TO ESTABLISH A LIMITED COMMERCIAL ZONE AND CHANGING SEVERAL SECTIONS OF THE KENAI MUNICIPAL CODE TO INCLUDE THE NEW LIMITED COMMERCIAL ZONE. WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional area between commercial and residential areas; and WHEREAS, it is desirable to have such a zone that would allow low to medium volume business, mixed residential and other compatible uses that would complement and not materially detract from the uses allowed in adjacent zoning districts; and WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that'the Kenai Municipal Code be amended as shown on Attachments A through E. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this ~'i~ day of :')x.L ~.'.o-c-~.~i~: ,2005. [ ~" C'hAIR~A~/N~'L~7 ATTEST: Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A NEW ZONE IN THE KENAI ZONING CODE AT KMC 14.20.120 CALLED THE LIMITED COMMERCIAL ZONE. WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional area between commercial and residential areas; and WHEREAS, it is desirable to have such a zone that would allow low to medium volume business, mixed residential and other compatible uses that would complement and not materially detract from the uses allowed in adjacent zoning districts; and WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: SECTION I. KMC 14.20.120~Limited Commercial Zone is enacted as set forth in Attachment A. SECTION II. The Land Use Table KMC 14.22.010 is amended to include the Limited Commercial Zone as shown in Attachment B. SECTION III. The Developments Requirements Table in KMC 14.24.010 is amended to include the Limited Commercial Zone as shown in Attachment C. SECTION IV. KMC 14.20.220~Kenai Sign Code is amended to add a new section pertaining to the Limited Commercial Zone as shown in Attachment D, and amending the Sign Code Table to include LCZ zoning district sign uses as shown in Attachment E. Ordinance No. -2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2005. -. ~ day of Pat Porter, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (1/26/05 sp) 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 Iow 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 as long as gross floor area does not exceed 2500 square feet. (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. (h) Outside storage is allowed for display purposes only unless the storage is in an area enclosed by a sight-obscuring fence. (i) Landscaping: a. Intent- To provide for orderly and safe development and to provide attractive and functional separation and screening between uses. b. Landscaping/Site Plans- As required in KMC 14.25.030. c. Application - Shall apply to all development of twenty thousand dollars ($20,000).or~ morea.nd shall apply to both landscaping and site plans. "All development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square foOtage. It also applies to change of use from residential to commercial use. Pre-existing residential uses shall be exempt from this requirement. d. Landscaping/site plan- Submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting. e. Landscaping Plan - Performance Criteria. i. Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping should be included as components of the overall landscaping plan. ii. Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Landscaping adjacent to residential districts ATTACHMENT A Limited Commercial Zone Landscape/Site Plan - Draft iii. iv, V. Page 2 shall have landscaping beds which meet all of the following minimum standards' 1. Landscaping beds- Minimum of 10 feet in width along all property lines, which adjoin residential district, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover- 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. 3.' Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. Street right-of-way landscaping softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds- Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; 2. Ground cover- 100 percent ground cover of the landscaping bed within 3 years of planning and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the ATTACHMENT A Limited Commercial Zone Landscape/Site Plan - Draft Page 3 purpose of improving vehicular and pedestrian circulation patterns. vi. Review. The Administrative Official may reconsider plans for amendments after they have been approved if problems arise in carrying out the landscaping/site plan as originally approved. f. Site Plan. Performance criteria. i. Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered in the site plan. ii. Buildings. The use is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. iii. Special Permits. The site plan shall list any special permits or approvals, which may be required for completion of the project. iv. Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required when "commercial development" of fifty thousand dollars ($50,000) or more requiring a building permit for new construction or any improvements which adds square footage. v. Snow Storage/Removal and Drainage. Snow storage/removal and drainage must be identified on the site plan and shall be compatible with the surrounding area. vi. Dumpters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. Others construction materials may be approved by the Administrative Official. g. Approval. As required in KMC 14.25.050. h. Completion- Landscaping Plan. As required in KMC 14.25.060. i. Completion-Site Plan. As required in KMC 14.25.065. i. The Building Official may issue a temporary certificate of occupancy not to exceed 2 years to complete the required parking lot paving. Modifications. As required in KMC 14.25.070. Expiration. As required in KMC 14.25.080. Penalties. As required in KMC 14.25.090. m. Definition - Landscaping. As defined in KMC 14.25.100. j, ATTACHMENT A ......... ............ :-:.:.:.:.::.:.:.:.I~ m m Z ;Z ~: r~ r~ ~ :':':':'1~ ;~ ~ r~ ~ ~ ~ m ~ ~ ~ ~ ,.........- -......, .... .... ,.-.......- ......., ,....... ,.....-...- ....-.., ....... ~.:-:.:.:.:,:.:-:.:. ~ ~ ~ ~ ~ · .-...-.... ,....-.-' ...... .............. ......... ...... · ............-... ...... · .............. ...... · ................ · ................ ...... ~ ,'.'.'.', ~ · .-............... ,......., .............. ......... ......., ,................-, ,....... ,.......... -.....-,~ .... ...... ~ .... ,....... ..... .......... 2'2'2-2 .-...-. ,.....-.,~ ~ ~ ~ ~ ~ .... ~ ~ ..... ~.~.~.~ ::~:..:::::. ~ ...-.-. ~ .... ..... .......... ,......., .... ,.....-. .............. ..... ~ · .......-.. -.-.... ....... · .....-.... -...... ....... · .......-.. · -.... ~ ....... ~ ~ ~ ................. .......... .............. .......... .............. .......... ...... .............. .......... .'.'.'.'.'...-.'. ....... ........... ,.........- ....... ....... .............. '~'2'2'~-2. ..-:..., '2'2'2' .............. ............ .......... ,:.:.:.:.:..:.:.:.: ~ ~ ~ ~ ~ ~ ~ :'.-.-., ..... ,.-........~......., ........, ,.......... ~......-,: ........, ,..........,......., ,......., ,.....-....,......., ,......., ,.....-...-,......., ~,......., .......... ~ ,~ ....... - ~ ~ ~ ~ ~ ~ ~ ~ ~ ........ ~ ~ .-...-............ . ..... ~ ~ ,~ ~ .................., ~ ~ ~ ~ ~ ~ ~.:~:~: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ':':':':':":':':': ~ ~ ~ '~ g ~ ~ ~ ~ .. ~ ~ ~ ~ m ~ ~ ~ ~ ~ ....... ~ ~ ATTACHMENT B 1,1,1 II II II II ........ ............. · ....... ................ ............ .... ................ .... ................ .'.'.'.' ~ :::::::: ~ ::::::::::::::::: ~ :::::::: ~ ............. .... ................ ............. .... '.'.'-'. 2'2'2'2'2'2'2'2", '2'2-2'2 · ....... ................. . . . . .... ............. .... ............ .... · .....-. ................. . . . . .... ................. ............ '.2.2.2.~ .2.2.2.2.2.2.2.2. 2.2.2.2. · ...-.-. ..............-.. ,-...... · :':':'. ~ .:.:.:.:.:.:.:.:. . . · ....... ............-...- . . . . . . · ...-... ............-.... ...... ............. .... ............ · ...-... ..............-.. , .-.-.. · ....... ................. ~2.2.2.2. '"'"' 2'2'2'2'2'2'2'2-2 .... .... ............ .... ............ .... · ....... ................ ........, ............ . . . . .'.-.'.' .~.~.1.~.~.~.~. . .,.,.. ........ ................ ~........ ................ · ....... ........ . . . . ......... ....... ~ '.'.'.'.'.'.-..., ~ ........ ~ · .-.-...~ 2.2.2.2.2.2.2.2.2 ,-...-.- ................ · ....... ....-.-........., ...-.... · ....... -..............., .-...... ............. . . . . ........ ~ ......... ~ .... .... · .....-. ..............-.. . . . . .... ............. .... · ....... ................. ,....... · ...-... ..........-.-.-.. ,....... ................. ,:::::::: ~ :.:.:.:.:.:.:.:.: ~ ... ................ · ...-... -.-.-.-.......... ,....... .................. ............ . . . ............ ......., :::::::: ~:~:~:~:~:~:~:~:~ .-.-.-., · .'.'.'.'.'.'.'.- ........ ............ .... ............ .... ............ .... ............ .... ............ .... ............ · .....-. ................ ........ · ....... ........ . ... ~ ..... .... ~ :::::::::::::::: ~ :........ ~ .... ............ .... ............ .... 2.2.2.2.' ......-.-.-....., 2.2.2.2. ~ .......- ~ 2.2.2.2.2.2.2.2.~, ~ .2.2.2.2 .... ~ .:.:.:.:.:.:.:.:, ~ :::::::: ~ ............. ,........ .... ................. ......-. ,.,.,.,.,.,.,.,., . . . . ......... .... ........ .... ~ ~ ~ ........ ~ .... ......... . . . . ............ .... · ....... -................ . . . . .... ............. .... ............ .... ............. .... ~ '"'""~ . ~ ~ ~ ..........-.-.-..~ . :.:-:.:-~ m ~ .... m w :~:~:~:~:~:~:~:~: :::::::,m ......... .... ............ . . . · ....... -.-.-........... ...... .... ............ . . . . · ....... ..-.............. ........ · ....... ................ ........ .... .......-.-.----- ........ ......... ........: ......... · ....... -............... .... .... ............ .... ............ .... ............ .... .... :::::::: ~:~:~:~:~:~:~:~:~ :.:.:.:. ~ ~~ ~ ~ = = ~ ........ ~ ~ ~ '¢ ~ .=~ ~ .= ........, .- ATTACHMENT B I.U II II II II ¥ nO(/)z ATTACHMENT B Footnotes: (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One (1) single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional uSe, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. ATTACHMENT B (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. (20) The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. (24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift shop or coffee shop within another business). (25) Art studios, barbers, beauticians, dressmakers, dry_ cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. ATTACHMENT B General Requirements. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICT IL/IH/CC/ USES C/RR RR1 RS RS1 RS2 RU/TSH CG R ED LC 9o MINIMUM LOT Width (feet) 90 90 60 60 60 60 90 90 MINIMUM LOT Size (feet) Front 1 25 25 25 25 25 10 25 25 25 Side z See individual One-Story ~ 15 5 5 5 5 5 sections of 15 15 15 Day-light Basement/Split Level ~ 15 10 10 10 10 5 Code for 15 15 15 Two-Story ~ 15 15 15 15 15 5 n requirements 15 15 15 Rear 20 20 20 20 20 10 4 20 20 20 Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30% Maximum Height (feet) 35 35 35 35 35 35 Footnotes: (1) (2) (3) (4) Provided that the minimum front setback is measured from any right-of-way or access easement. Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will distinguish single and two-story portions of building to verify setback distances are met. Story is the portion of the building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the ground between the building and a line five (5) feet from the building. Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. ATTACHMENT C Minimum lot area requirements. KEY: N=Not allowed DEVELOPMENT REQUIREMENTS TABLE Zoning Districts USES C/RR RR1 RS RS1 RS2 RU/TSHIL/IH/CC/CG R ED LC MINIMUM LOT AREA (square feet) See individual sections of Code ~Single/Two/Three Family for Dwelling 20,000 ~20,000 7,200 12,500 7,200 7,200 requirements 20,000 20,000 12,500 Four Family Dwelling 20,000 22,400 9,600 N N 7,200 N N 12,500 Five Family Dwelling 22,400 N 12,000 N N 7,200 N N 12,500 Six Family Dwelling 24,800 N 14,400 N N 7,200 N N 12,500 27,200 + 16,800 + 2,400 for 2,400 for Seven or More Family each unit each unit Dwelling over 7 N over 7 N N 7,200 N N 12,500 Footnotes: (1) (2) (3) Listed square footages are the minimum required for each zone. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. Minimum lot size for non-residential uses in ED zone is 40,000 square feet. ATTACHMENT C (e) Limited Commercial Zone. Signs allowed in this zone are as follows' Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty-two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items,as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants-to-be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants-to-be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. Page 1 of 3 ATTACHMENT D (L) Real estate signs of thirty-two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requirin~ a Permit. (A) One (1) freestanding or marquee per lot of not more than sixty-four (64) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C)Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty-two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D)A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. {3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right-of-way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G)Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H)Signs placed on trailers or vehicles, which as parked or located are designed to primarily to display said sign. This does not apply to signs or Page 2 of 3 ATTACHMENT D lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas-filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M)No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right- of-way lines. (N) No off-premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. Portable signs. (o) Page 3 of 3 ATTACHMENT D 0 II Z 0 Z II Z 13. II 13. o Z II Z o Z II Z o Z II Z o Z II Z n II n KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~~ 1992 MEMO: FROM: Marilyn Kebschull, Planning'Administrator..,J~- DATE' February 2, 2005 SUBJECT' Zoning - Tract C, Daubenspeck Property At your last meeting Commissioner Eldridge advised staff that he believed Tract C, Daubenspeck Property (Millennium Square) needed to be rezoned. Kenai Municipal Code 14.20.270(b)(1) lists who may initiated an amendment to the official zoning map. The code states: (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. Staff may not initiate an amendment. DOES THE COMMISSION WANT TO INITIATE A PETITION TO REZONE TRACT C, DAUBENSPECK PROPERTY FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL?