Loading...
HomeMy WebLinkAbout2005-01-12 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 12, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair and Vice Chair c. Agenda Approval d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e *APPROVAL OF MINUTES: a. *December 8, 2004 3. SCHEDULED PUBLIC COMMENT: a. Kenai Economic Development Strategy (KEDS) Presentation- Andy Varner & Barry Eldridge 4. CONSIDERATION OF PLATS' a. PZ05-01 - Preliminary Plat- Kenai Landing- Cottages Subdivision. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ05-02 - An application for a five-foot side yard variance for the property described as Lot 8, Anglers Acres Subdivision Part 3 (1125 Angler Drive), Kenai, Alaska. Application submitted by Jackie Johnson, 1125 Angler Drive, Kenai, Alaska. b. PZ05-03 -An application to amend Conditional Use Permit PZ03-43 to add a "Common Interest Ownership Community" (condominium project) for the property known as a portion of Government Lots 11 & 12 in Section 17 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni, President, Kenai Landing, Inc., 5011 Spenard Road, Suite 201, Anchorage, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Home Occupation Permits - Daycares - Relative Exemption- Discussion 8. PENDING ITEMS: 9. CODE ENFORCEMENT: Agenda January 12, 2005 Page 2 10. REPORTS: a. City Council b. Borough Planning c. Administration i) Annual Reports - Extraction of Natural Resources ii) 2004 Planning Commission Resolutions iii) 2004 Building Permit Summary 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Emails regarding RV Petition b. PZ04-51 - Landscape/Site Plan Review- Everetts Air Fuel c. City of Kenai Board of Adjustment Decision- Craig (Case No. BA-04-2) d. Invitation to the Kenai Economic Development Strategy Presentation e. "Zoning Bulleting" - 10/10 & 10/12/04 & 2004 Index f. Reappointments Letters- Hammelman & Barrett 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session immediately following regular meeting, Development of Limited Commercial Zone. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 8, 2004 - 7:00 p.m. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *November 10, 2004 3. SCHEDULED PUBLIC COMMENT: e CONSIDERATION OF PLATS: a. PZ04-50 - Preliminary Plat- Alaska State Land Survey No. 2004-25. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ04-49 - Conditional Use Permit for a Recreational Vehicle Park for the property known as KN T05N R11W S 17 South 460 FT of the S1/2 SE1/4 SW1/4 lying North of the Northerly right-of-way of Kalifonsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. 6. OLD BUSINESS: 7. NEW BUSINESS: a. State of Alaska, Department of Natural Resources, Division of Mining, Land & Water Spring 2005 State Land Disposal- Discussion 8. PENDING ITEMS: e CODE ENFORCEMENT: a. Pending Code Violations Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (11/10/04 & 11/25/04) b. Commission/Committee Term Reappointment Letters - Commissioner Barrett and Commissioner Hammelman c. Planning & Zoning Commission Calendar for 2005 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI ~ PLANNING/~ ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 8, 2004 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Glick called the meeting to order at 7'00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners Present: N. Amen, J. Barrett, C. Glick, P. Bryson, J. Twait, J. Hammelman, B. Eldridge Others Present: Council Member Ross, City Planner Kebschull, Building Official Springer, Department Assistant Carver, Contract Secretary Roper A quorum was present. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- November 10, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ04-50- Preliminary Plat- Alaska State Land Survey No. 2004-25. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Eldridge MOVED to adopt PZ04-50 and Commissioner Barrett SECONDED the motion. Kebschull advised there was nothing additional and noted staff recommended approval. VOTE: There were no objections. SO ORDERED. ITEM 5: PUBLIC HEARINGS PZ04-49 - Conditional Use Permit for a Recreational Vehicle Park for the property known as KN T05N Ri 1W S 17 South 460 FT of the S 1/2 SE 1/4 SW1/4 lying North of the Northerly right-of-way of Kalifornsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. MOTION: Commissioner Bryson, for the purpose of discussion, MOVED for approval of PZ04-49. Commissioner Amen SECONDED the motion. Staff had nothing additional. Chairman Glick opened the public hearing at 7'05 p.m. and explained the rules. Verbatim begins. Joe Ray Skrha, 2455 Watergate Way, Kenai, Alaska- Good evening Mr. Chairman, fellow ah... Zoning members. I want you to look out please and see these people over here that's standing out here, back as far as the eye can see. These are our neighbors. This is the area of land that we're talking about here. These people have raised their k/ds there. In 19... in 1986 I met a guy by the name of George Miller, old native guy that most of you may know and he told me he said, "I have to leave right now, I'm going to die, but I would like to leave my house to someone here that I know is going to keep it and value it as a sacred and he had a bunch of people who offered him more money than I did and he knew my wife and I and he offered it to us and gave it to us. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 2 In fact he even carried the mortgage and when he had a chance to... he was going to surgery and he had a chance to go out and sell his mortgage to take it at a reduced rate he came to me and offered me the same price that the.., commercial guys would give him. Why? Because he knew that that area there was special. That area there he said was a sacred area that no man should devile. These people that live out in that area are like that. I lived in this area when there was just a few houses around. Gentlemen sitting behind me, A1 and Marion are my neighbors; and on the other side, and he still is, is very few people down.., the area. Some of us have even purchased extra lots; not because we're gonna hold them for increased value but we're holding them because the area the quality of this land. You represent these.., these people that contain something I consider the shimmering jewel of Kenai. You know this is a special area over there where quality people area and when people heard that this area was going to be deviled by high, intensive zoning with motor homes there, hundreds of motor homes in an area no more than 10-acres in size for ah... about a third of the year, we became very upset and concerned. Each one of them have different reasons why, I won't be... be... be... ah, long with this but.., some of us have children that were raised to play on those streets. This summer alone with the new Bing's ah... or new Landing coming in over there we had four different altercations with motor homes looking for ways to try to get through on Watergate when there is no road that goes through there. They were looking for a shortcut. I... submit to you Mr. Chairman that if this trailer area goes... I mean this motor home area goes in we're going to see many more altercations like that; this area is going to lose it's unique character. It's children on this area are going to be... which have been raised in this area; my daughter is 18 now; she's going to college .... AMEN' 15 seconds. SKRA: Thank you.., she don't want me to sell the house because she wants to move back and raise her children there. Keep this area special folks. Deny this permit. Thank you. GLICK' Thank you, alright, next? Yes Sir. Rick Alexander, 2655 Watergate Way, Kenai, Alaska-- Mr. Chairman... GLICK: Sign you name and... ALEXANDER: I'm ah, Rick Alexander and I live on ah... Watergate Way... GLICK: Okay. ALEXANDER: Ah... I'm going to approach this little bit different, I'm gonna approach it as I'm a camper and ah... I'm bringing in a motor home... I'm bringing everything I have for my house from wherever I'm from, I'm gonna have a lot of fun. I'm gonna bring a 4-wheeler and all my kids and they're gonna trash and have a lot of fun in VIP PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 3 and Watergate. There's gonna be a lot of drinking going on, lot of noise, all night long cause the suns shining. Ah, and I forgot my firewood so I'm gonna go to the neighbors and start cutting wood down. Ah... 4 a.m. I'm gonna find the easiest access to the Kenai River to go dip netting and I live right on the bluff so... as a camper I'm gonna cut through somebody's yard cause they're asleep and the erosion rate is gonna increase {inaudible) It's taken me as a owner three years to clean up the erosion from people going over my property already when I wasn't living there.., all right (laughter) Anyway, that's about all I have to say is... is... is I agree with the gentleman that just spoke, let's keep this neighborhood nice, it's a beautiful area and ah... my son, which is 19, doesn't want me to sell because he wants to move back here .... For the same reason. Thanks. GLICK: Okay, thank you. Lady standing back little... Karen Koester, 845 Set Net Drive, Kenai, Alaska- I do have a prepared speech and it's about five minutes long so... I~1 try to hurry... GLICK: Okay. KOESTER: ...myself through this. My name is Karen Koester and I live at 845 Set Net Drive in ah... VIP Subdivision. I would like to counter the City of Kenai's analysis regarding the proposed RV park within the residentially zoned VIP Subdivision by permit criteria. Number 1' The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. To paraphrase the rural residential definition in Chapter 14.20.080, the definition and intent of rural residential zoning is to provide for low density, residential development and to create a stable, attractive residential environment by preserving the rural, open quality and preventing hazards in areas not served by water and sewer. Finally, zoning is intended to prohibit uses which would violate the character and the environment and produce heavy traffic in predominately residential areas. Trying to hide a 160 site RV park with a tree buffer does not mean it will now fit in our residential neighborhood as suggested. Rather, it is contrary to the cities definition, intent and purpose of having zoning plans and the citizens of Kenai have an expectation that the intent of the comprehensive plan and zoning be adhered to. Also, my information regarding a K-Beach access is that if alternate access is available, DOT is very reluctant to grant access onto State roads. Number 2: The value of the adjoining property and neighborhood will not be significantly impaired. According to the Kenai Peninsula Borough Assessor, until the market reacts there is no change in values. In other words, he has no idea. As homeowners we fear a negative financial impact and don't want the cities experiment PLANNING &; ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 4 placed on our backs. Number 3' The proposed use is in harmony with the comprehensive plan. The city suggests that compatible institutions that could be considered might include an RV park. RV parks are different than other institutions in that they generally consist of transient visitors with no real vested interest in the infrastructure and/or character of our community. On page 37 of the recently adopted comprehensive plan, under Framework for the Future, neighborhood concerns with commercial development near residential areas as conditional uses or through rezones is discussed. It states that one of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses. Rezoning is not recommended, whereas adhering to the established zoning plan is. Number 4' Public services and facilities are adequate to serve the proposed use. Our section of K-Beach is narrow with many dips and potholes. Road maintenance is not coordinated between the three governmental agencies impacted by this proposal. Based on my own work experience, a very common complaint is that people ignore signs and enforcement is a very low priority. I can assure you... AMEN: 15 seconds. KOESTER: ...that no amount of signage will discourage someone intent on finding fish. And for the record, the proposer is correct when he stated that the shortest route to Cannery Road from VIP Subdivision is Set Net Drive, saving nearly 1 mile of driving. AMEN: It's time... GLICK: I told her she could have 5-minutes. AMEN: Oh, thankyou. KOESTER: ...Which kind of sounds like 150 RV's and/or ATV's coming doTM our residential roads. Three port-a-potties and three dumpsters area simply not sufficient to deal with the proposed 160 sites save an average 2.5 person site that could house upwards of 400 plus visitors. First the 10 acres will be cleared, then in Phase 3, which is five' years later, DEC will be approached on septic and well needs with no guarantees of approval. Between Phase 1 and 3, owners could find this park not fiscally productive, like other RV parks before them, making the financial value of this cleared property and the property around it questionable at best. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 5 Number 5' The proposed use will not be harmful to the public safety, health or welfare. The cities police and fire departments both have concerns with this proposed land use. The police expressed concern over crimes such as thefts, alcohol abuse, increased traffic, trespassing, littering, bears, all based on past experience I appreciate the proposed RV park rules, but people do break rules. The RV proposers are not law enforcement officers so we will be dependent upon local police who are generally not patrolling in our area due to its more rural location and historic lack of problems. The fire department expressed concern that we are not on city water and sewer and they questioned whether private systems for this use may affect the adjacent properties onsite systems. DEC requires one acre lots for septi.., septics and wells and if our current onsite systems are adversely affected, residents wonder who will be responsible for replacing what's been sufficient for many years. The fire department also expressed traffic concerns, questioned the adequacy of our roads and noted that any future development may.., development may require meeting additional fire codes. To clarify, I have no problem with tourists but I do have an opinion on where it is appropriate to park their RV's. Our city zoned K-Beach... our city zoned side of K- Beach Road is residential, while the outlying unzoned property lands host mostly residential and a few commercial buildings. They don't impact our neighborhood because they don't live within our neighborhood. Based on the cities own comprehensive plan, the intent of zoning, the local fire and police concerns, and the broad-based neighborhood opposition to this proposed conditional use permit, we residents have an expectation of the city to adhere to your own policies, listen to your own agencies and residents, and deny this conditional use permit. GLICK: Okay. APPLAUSE. GLICK: I believe that is different that the letter you submitted is that correct? KOESTER: Yes it is. GLICK: Could we have a copy of that please? 'KOESTER: Yes. KEBSCHULL: Mr. Chairman,.. people are not signing in, they need to be signing in. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 6 KOESTER: I did sign in. KEBSCHULL: Oh, did you? KOESTER: Yes. GLICK: Yes. KEBSHULL: Are the two behind you signed in? KOESTER: I couldn't.., ah, yes. GLICK: Yes. KEBSCHULL: Okay. GLICK: They signed in before the meeting started. KEBSCHULL: Okay. ROPER: If there are some that have not, so if they haven't they need to. GLICK: Okay, you can just give it to ah... KOESTER: the Clerk? GLICK: Yeah. BARRETT: Mr. Chairman? GLICK: Yes. BARRETT: Um, I might suggest that ah, you take the list and maybe call people from the list ah... on the way down. GLICK: How many more names are on there? About 157 KOESTER: There's about ten. GLICK: Oh, okay. BRYSON: Mr. Chairman? I... I'd like to ah, remind ah, the people that ah, applauding is ah, not appropriate ah, this is a public hearing... GLICK: Okay. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 7 BRYSON: ...process. GLICK: Okay, (laughter) GLICK: (inaudible) please, and address. Preston Williams? You still need to state your name for the record Pre~ton Williams, 2565 Watergate Way, Kenai, Alaska- I live on Watergate Way in one of the VIP ah... Country Park Estates and my issue here is... going to be brief. I used to work with the State as some people know, used to be an electrical inspector for the state. I have a lot of people come in and ask about the RV park and I told them the electrical wasn't really the issue and they should go see DEC, if they (inaudible) engineering requirements and the type of systems they have to have in and the commercial well and get your math done and then (inaudible) and RV park. And I talked with DEC and DEC says that engineering has to be done and they have to have ah, you know, the sewer system in before they will allow anybody to occupy. So unless someone told me differently, they're not telling me the truth, we can't use the State's land until you have the septic system in, that's what they told me anyway when I talked to them, that we DEC. And then secondly, you have an RV park in Kenai right now, very close to the dip netting and. fisheries that you closed and that particular RV place has a public sewer system and public water and they closed down due to, I guess, lack of business, I don't know, some reason they closed, right in downtown Kenai there.., and I just know their issue, I mean unless there's a shortage of parks and down the street from where these people want to put the park in, these people might be fine people, I don't know them that well, there's another RV park that already is accommodating a parking along that region that is out of the city and um... any (inaudible) two people kinda interested in putting a... system together into the... committee here, you might want to talk with DEC a little bit more (inaudible) before you actually process this partiCular permit cause if they have to meet their hurdles first or if they have to meet those hurdles, these folks may want to know what their price tag is and it could be extensive sewer system and that's all I have to say on the... GLICK: Okay, thank you Preston. Okay, next we have ah, Mr. Brookman. Gerald {Jerry) Brookman, 715 Muir Avenue, Kenai, Alaska-- Ah, my name is Gerald Brookman, also known as Jerry Brookman. I'm here representing ah, myself and my wife who is in the audience there. Ah, my wife and I purchased our property here in 1977 and have re... resided in our home built on it since 1979. We plan to continue to live here for whatever years may be remaining to us. Ah, when we bought this property we knew that we could by a similar residential lots PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 8 nearby, just outside the city limits and pay considerably lower property taxes. We chose to live inside the city because of the fire and police protection, road maintenance, and zoning laws. We believed that these ordinances would ensure that the nature of the area would remain relatively quiet, low density, residential neighborhood. We recently learned of the application for a conditional use permit to build a 160 unit RV park within this subdivision. After reading this application we are astounded that they city would even consider permitting such a development within an area zoned rural residential. We believe that it is totally incompatible with the city's comprehensive plan and should be rejected outright. We are not opposed to RV parks, but we are opposed to any development that is incompatible with the nature of the area involved, as this one clearly would be. If the organization proposing to build this development wishes to locate within this general area, it should either find a tract presently zoned commercial or locate in an area outside the city where little or no zoning exists and where a lot of people are downright hostile to zoning. .. We would like to state also that we have read the analysis of this proposal by Megan Brook and agree with it completely. If the Planning and Zoning Commission chooses to approve this application, you may as well just throw away the City's zoning ordinances as it will be clear that they mean nothing. GLICK' Okay, thank you. Ah, I can't quite read the name, Jones, I believe it is... Charlie Jones, 2730 Set Net Court, Kenai, Alaska -- Hi, I'm Charlie Jones, live on ah, 2737 Set Net Court ah in the neighborhood there. Ah, you know, you.., you're gonna hear basically just a few arguments one is which is going to be property values, which obviously I think is a valid argument. You know I don't see that as a sales ad that it's going to be popular for me to list my house as next to the RV park. Two is ah, safety and ah... you know any time you bring a commercial grade vehicles in... ah, not commercial grade drivers into a neighborhood intentionally, you know there's going to be issues whether it's traffic, whether it's kids, or it's dogs, whatever. But for me it's the.., the basically, you know, I moved into the neighborhood, purchased a house there several years ago, decided to upgrade my home to a larger home because my family upgraded.., and chose.., chose to stay inside the neighborhood because it's a neighborhood. I want to live in a neighborhood, not in a commercial zoned so my biggest issue is not a ah... even just the rules, but just the basic heart string tied you know... I moved into a neighborhood where there homes established on one-acre lots and I'd like it to stay a neighborhood and that's ah, basically what I'm asking you guys to consider. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 9 GLICK: Okay, thank you. I'm sorry but the next name I can't read. Ah, you remember who signed in after Mr. Jones? Okay, we'll go on down the line, ah, Lee Halstead. From the audience: I don't care to speak right now GLICK: Okay, Alan VanHorn? From the audience' I don't care to speak. GLICK: Okay, ah, From the audience: That's me, ah, Buck Braun. GLICK' Buck Braun? Buck Braun, 2795 Watergate Way, Kenai, Alaska, ah, okay... I'm an old man.., ah, creeping around. I brought over there ah, where Jerry and ah... ah... Alan live and ah, the original idea was that we were in the city, protected by the laws of the city and especially the zoning so then my question ah... that's already been covered. What are these people going to do with their sewage from these motor homes. Ah, if you have 160 motor homes in there and they're all self-contained, it's pretty easy to slip out at midnight, pull the gray water plug and be rid of the gray water and nobody saw you do it so... my big problem is what are we going to do with the sewage; even if they have a system approved by all kinds of engineers up and down the street and my job, all my life is making things work that engineers engineered, so I'm... (laughter) BRAUN: ...questioning this sewage business. By the way, I graduated from the University of Alaska also so... but not with engineering. Now, back the sewage system, we have seen this in Fairbanks, Iowa, where I'm born, in Massachusetts where I lived, we've seen it in ah, Florida, in Mississippi where the septic tanks contaminate the water system and I drink that water, I intend to drink it for the rest of my life and so, this business of having some sewage system in there and we're setting on sand over there, we're not sitting on gravel.., the sewer systems that we have are good for about 10 years.., if you have a 4-plex, good luck, it's good for 2.or 3 years, 4- plexes are pumping and doing their sewers in our area every other year and you can see them do it; it happened last week on the corner. I'd like to see the laws even tougher. Ah, one sewer system for each lot, that's one acre, that's why we have that out there. I'd like to see it where you couldn't put any septic tanks within 4 miles of the Kenai River, that's my personal opinion. I want to drink that water and I don't want them putting their formaldehyde from their self-contained units or their gray water, raw, on the street. Thank you very much. GLICK' Okay, thank you. I think next is ah, McLoud... if I'm pronouncing it right... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 10 Look like Mcload... ROPER: McLeod? GLICK: McLeod? Sorry? (inaudible) ROPER: William? ?: he was here and he left. GLICK: Okay, we~l move on, ah, it looks like Sheryl Grover? Sheryl Groves, P.O. Box 1120, Kenai, Alaska - My name is Sheryl Groves, I'm representing Robinson's Mini-Mall and ah, two other businesses that's on K-Beach. Ah, Asplund Supply and ah, Go-Go Juice Espresso. Um, I haven't really got anything written out. I'm in s... s .... I support what these guys are trying to do. Um, I think the place needs some.., economic growth, um, I really wanted to speak after they had shown the plans to everyone, think there's a lot of misconception what's really gone on or going to be. Um, I just wanna put my word in and these other two businesses that ah, I've talked to that I support what they're doing and... I need... GLICK: Ma'am, you're business is across the street from this but not directly across the is it? GROVES: Ah, pretty much directly across from.. GLICK: Almost directly, right? GROVES: here but... Right, yeah, the mini-mall there. And I probably stepped in a hornets nest (laughter) GROVES: ...yeah, but really this ah... GLICK: Well, we're all entitled to an opinion so... GROVES: Yeah, ELDRIDGE: She's on the commercial side of it so... GROVES: Alright, thankyou. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 11 GLICK: Okay, thank you. Alright, that's all the names I had on this list so I'll... names, ah, yours is probably one I couldn't read, sorry. So what was your name again Sir? Ji Stroer, Kenai, Alaska- Stroer... Jim Stroer, yeah, it's hard to read my writing. GLICK: Okay, STROER: I'm a building contractor, I've been building in here in this area for 22 years and I've got a lot of people in here that I've built home for in that area. When they come to my home they ask me... in my office they ask me where's a place I can build where I can feel assured there's not going to be any commercial building going on, there's strictly going to be residential. I've always recommended this area and I'm really, I can't even understand why you're even thinking about putting an RV park in this area. I built here for 22 years and I've always relied on that being a residential area; that's all I have to say. GLICK: Okay, thank you. Next. Man back there, in third row, yeah. Rockwell Smith - I wasn't going to testify tonight. GLICK: I need you to sign in there and ah... SMITH: Okay. GLICK: ... then state your name and address for the record. SMITH' My name is Rockwell Smith, 335 Main Street Loop. GLICK: Could... could you print your name on there so we... SMITH' ... and I own a lot on the river in VIP and I haven't built there yet and I owned a lot and lived there for quite a few years, probably a dozen anyway. My son is just building a house in there right now and I too am kind of appalled that you people are even considering this. I'm a business man in the City of Kenai and been here for a long time, done a few projects and I've always had to jump through a lot of hoops to do those and always have done them right and... I guess that's really all I got to say, I'd just like to see how you all vote, that's why I came tonight. Thanks. GLICK: Okay. Lady here in the front. Kim Denesen - Good evening my name is Klm Denesen and I live at 825 Baleen Avenue, three houses down from where this proposed RV park is going to be. I want to thank you for giving me the opportunity to speak and for taking the time to read the letter I sent to the Commission you earlier this week. Urn, as my fellow neighb... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 12 neighbors has said the planned RV park does not fit with either the rural residential zoning of the area or the comprehensive plan. According to the regulations adopted by the city this means the intent of the zone is to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent is to separate residential structures to preserve the rural, open quality of the environment and prevent health hazards in areas not served by public water and sewer and to prohibit uses, which would violate the residential character of the environment and produce heavy traffic predominantly in residential areas. I purchased my home here because I wanted to live in an area that was zoned residential so I could live in an area like the one described above and not have to worry about things like an RV park moving into the area. I was not aware that someone could apply for a conditional use permit and change the neighborhood so quickly. I do not believe that a 160 pad RV park will contribute to a stable and attractive residential environment of this area. One of my biggest concerns in the increased traffic in the area. When you have RV's trying to enter K-Beach Road where traffic is going 55 miles per hour the RV's will back up traffic on Pirate and VIP while they are waiting for an opening. My understanding is that the State had told them the couldn't enter off of Baleen so they're going to have to go into the residential area to enter and exit this park. There is also the potential for more accidents. Also those large, very expensive RV's are often bigger than school buses without the safety equipment which make children playing or riding bikes difficult to be seen and more likely to cause an accident. While Mr. Jayne does not believe there are houses where the RV's will be driven in this area he is mistaken. There are homes directly across the street on Baleen, VIP and Pirate, some even have children living in them. In addition, the map they will be handing out to people to show them how to go down Set Net to Cannery Road to go fishing in lined with homes. I do not have a problem with the traffic we normally get in this area and even during the red run but I do have a problem of adding 160 additional RV's all headed out at the same time. In addition, some of these streets are not paved or oiled so the dust will be terrible in the summertime. K-Beach is also well known for all the potholes it has in the summer, the road crews have a tough time keeping up with filling them in with the current traffic load. My other major concern is their plan or lack of plan for phase three. The application I saw did not mention whether the company has had an assessment of the area done or whether DEC has evaluated the area to determine if that parcel of land could support a well and drain field for that many units. When will his we done? After they have cut all the trees? What happens if the land cannot support the proposed use? Since I live three lots down from this proposed site I am very concerned about having usable water and having the water table contaminated by things that may be dumped on this property. In the meantime, it is difficult to imagine how three dumpsters and outhouse areas can service an area this large. What kind of follow-up will there be if people don't use the dumpsters or choose to leave their trash... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 13 GLICK: Are you about finished ma'am, you're three minutes is... DENESEN' Pardon? GLICK: Are you about finished, your three minutes are... DENESEN: Yes.. or who will enforce the no cleaning of the fish at their campsite? Will the dumpsters be bear-proof? In one.., excuse me... In conclusion, please listen to the concerns of the police department and fire department, they are professionals. Please abide by the rules and guidelines the City of Kenai already has in place for planning and zoning within the city limits. Please follow the comprehensive plan that was just put in place in 2003. Please vote no for approving Blue Sky Pilots Trust conditional use permit. Thank you for your time and consideration. (applaud) GLICK: Thank you. Ma'am, could I have a copy of your written statement. DENESEN' My original letter you should have in your packet, you (inaudible) GLICK' Is it the same as that one? DENESEN: time. No, it's different than that one... I short... I tried to shorten it to limit my GLICK: Okay. ROPER: If you wouldn't mind, we'd still like to get a copy of it for the record since you did read it. DENESEN: problem? Okay, there's parts in here I didn't read though, that going to be a ROPER: No, we fll keep that out. GLICK' Okay, next person. Yes, the lady in the red there. Megan Smith -Um, my name is Megan Smith. I submitted a written testimony earlier. I'm just going to summarize my letter. I believe that the RV park is going against the municipal code laid out the low density, stable, attractive residential environment and the prohibition of um... uses that might interrupt residential character and generate heavy traffic. Condition use permits are purposely difficult to obtain and the review criteria is strict to prevent these things from happening. To prevent commercial units to come in. There are some conditions that would allow PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 14 these to come in but the.., these are not the conditions. These strict guidelines protect us as citizens from big money and big business coming in and determining what is going to go into our residential neighborhoods. Um, I feel that this RV park is not consistent with any of the criteria listed. Urn, in the conditional use permit, um... it is not consistent with the intent purpose of rural residential zone. It will lower the value of adjoining property. Um it is not in accordance with the comprehensive plan which would be to promote the site and design of land uses that are in harmony and scale with surrounding uses. This is neither in harmony nor in scale with surrounding uses are primarily single family units on large lots and this would be 160 spaces on 10- acres so this is... and public services and facilities are not adequate to service this. There's suggestion of three (inaudible) port-a-potties and three dumpsters and they lack the ability to support the waste of 160... um, recreational vehicles and I feel that this will be harmful to public safety, health and welfare because our residences are not designed to handle this kind of commercial development. Um, commercial road systems around commercial developments typically have turn lanes and multiple lane streets and stoplights and this helps control the flow of traffic. We have none of these in place in um, the VIP Subdivision. Ah, local intersections are going to be under increased strain. Access points to K-Beach are going to be backed up and the current.., it's just the current road system was designed for local residential traffic only and I feel that Blue Sky Pilots Trust has failed to be in accordance with all the criteria set forth by the conditional use permit and we as VIP residents we enjoy the protection of city zoning ordinances and we also enjoy the rural quality of our lives and I feel that this would impact negatively, the rural quality of our neighborhood and I feel that this Trust is not concerned with the neighborhood quality and character as we are, they wi... are implementing this in the summer as was stated by their trustee. He comes up here, he's come up here 12 years in a couple months in July and we're not concerned with a couple months in July; we are residents are concerned with year around quality and... AMEN: 10 seconds. SMITH' ...year around character and I feel that um, we have an expectation to be protected from this development and we expect that the City will preserve our rights as citizens and preserve the safe, scenic and quiet character of our neighborhood. (applaud) GLICK: Okay, yes sir. Todd Smith - My name is Todd Smith, that was my wife (inaudible). Um, I didn't really plan to talk here. I...I've actually read a letter that Ken wrote to Karen, um, and she e-mailed it to everybody else and I would actually like to just use his words. When I first heard this park was going in, I mean the first thing I thought was... I laughed about it, I thought there's absolutely no way he's going to get this passed and um, some of you guys might say the same thing about what he says here but.., if this is PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 15 going to pass I would... I don't know (chuckle) says ah, he states here that Blue Sky Pilot's Trust primary.., primary focus is mobile home development parks, which isn't RV parks, that's.., that's trailer park. He said, "while serving areas needs I found permanent affordable housing is every bit as viable as an RV park. An RV park would be shut down most of 9 months of the year and a greater need exists for 12 month housing. This would be far more profitable over time than a few weeks used by seasonal RV'ers. Our experience has been permanent mobile home parks providing affordable housing (inaudible) for several state and federal loan grant options, making this preferable if need be to the RV park concept. I think um, if you read the.., the whole letter, I mean, his intentions are pretty obvious, he wants to do whatever makes the most money for him and he did the math for us, ah, a trailer park would make him more money and I don't know where you all live but I don.., wouldn't think that as residents of Kenai you'd be any more interested than I am to having another trailer park in town. I think (inaudible)parks but I'm in the process of building a house in that neighborhood and if there's a trailer park there I would of went else where and I will go elsewhere. Thank you. GLICK: Okay, thank you. Gentlemen in the front here. Mark Hall - I'm Mark Hall. I was approached by this gentlemen to clear these trees. Economic development in our community... GLICK: I still need you to sign in there though Sir. HALL: Okay, and I just ah... was told that it was going to be an RV place and I look at somebody driving in with a 80,000 dollar motor home and a 40,000 RV behind it is not riff-raff that's going to steal you peoples things. It's out on a highway. Who wants to live on the highway. They asked me to put buffer zones, they're talking about putting fences in from the neighbors, nothing is going to come in off of the street, it's going to go in there, turn around and come back out. It's decorated the way they're talking about, it's going to be decorated up, ah, because it's special hand clearing the trees. Ah, across... HAMMELMAN: Ah, Sir, excuse me, could you address the Planning Commission and not the audience. This isn't a debate, this is a public hearing for public testimony, please direct you comments to the.., excuse me Mr. Chairman... GLICK' Yeah, well... HALL' Well I've been in 25-foot seas and up 100-foot power poles and everything else, I'm not real ah, familiar with the formality, I'm sorry. GLICK: Okay. HALL: But it's about being real if you ask me and I think we need something in our PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 16 community and I don't see what these people are hurtin' right straight across the street is ah, ah place to serve this RV park, Robinson's so it's going to feed them. There's a garage there that's going to have to work on these motor... $80,000 motor homes, it's on the riverside, ah, there, ah... there's just, you know there's a park it's there, I've known some kids that's there that wasn't working, they could be working cutting these trees instead of stealing stuff in that neighborhood... (laughter) HALL: ...you know and.., we need economic development in this community, I'm sick of the negatives, no, no, no, don't, don't, don't, we can't, we can't, I want to see some positive. I want to see some offense, aggressive offense to doing something in our community. You know I'm going to build a (inaudible) in Pt. Possession, we're gonna build a deep sea port on, on, ah, Fire Island, and then we're going to give Anchorage more room to grow and McKenzie needs some ah, farms out there to grow huge cabbage like this and we got the best oats in the world and the best barley but lets do something. What's with all this negative; "I bet I can cut you", (chuckle) you know, Why? You know, I mean, why? That's just, you know, ah, that's not brotherly love, Christianly love to step up there and, you know, doing something better than nothing. There is ah, a dock around the corner there that.., that old boy from Homer come up here and build up so there's loads of people that's going to go there, how about if they stay in this motor home park? I hear nothing about a better court, we got trailer courts that are closing down, you know, all though, keep going with those taxation without anything, our kids are going to have to move in to a trailer court, you know because we're all ready ah... AMEN: 10 seconds. HALL: I (inaudible) job right there and I can't find one... GLICK: You have about 10 more seconds Sir. HALL: Yeah, thank god I'm Travis Hall's Dad huh... GLICK: Yes. Linda William~ - My name is Linda Williams, I live on Watergate Way and I haven't planned to talk either but I don't think there's anybody, I'm speaking for myself but I'm assuming, anyone in the room that's against Kenai developing, getting jobs for the community or anything. I think the main thing that I come into is, I lived out North where there wasn't any zoning by choice. I had 10-acres out there, I enjoyed it. I chose, my husband and I, this lot, it was in a zoned area, we looked at the covenants real close to see if we could abide by the covenants. We liked the idea that this was a residential area and was going to stay that way cause, I mean, we're the only section that is in the city limits of Kenai over there. I'm the kind of... I'm very disappointed PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 17 that this is even come up and is causing some hard feelings because all the way around the subdivision of VIP is Borough land. It's either commercial or not zoned at all and to pick this one section that could have some apartments or something to it, it's still low.., impact comparatively; it still family residential type things and to pick one area of a subdivision that's within the zoning thing that we chose to move into because of that, and to think you're going to throw it away and not listen to the people that live there. The first year I can see a big impact if you just have this gravel parking lot with no electric or anything because we happen to have a motor home and if you don't have power you got to run your generator, you have a 160 people, say there's only 80 of them running generators at the same time, to who knows when because like you say it is summertime, they're going to be up longer, they're up later, there's activities to do, you're going to have a lot of impact of generators running as well as all the other problems that were previously brought up. So, I'd really appreciate if the zoning was upheld and keep it more of a rural residential; some type of commercial business because it's on K-Beach, apartments or things like that but not such a big impact one when all the way around us it's completely opened to that and the.., the gentleman mentioned before they're closing mobile parks down, those would make great RV parks and they already got spaces. Thank you. (applaud) GLICK: Okay, (inaudible) next to wall. Leslei Spalding -- Hi, my name is Leslei Spalding and I live in this little corner right here which is going to be really impacted by having ah, RV park put in there and um, I want to say that my well is only 30-feet deep and I know the motor homes in that area will be dumping their water and I know they will be out partying when I have my windows opened all night long and I know there will be fires and drinking and people driving in and out with my children... I have two children ages 9 and 11 that ride up and down the street on their bikes and on the dirt and.., they're playing out there ball and in our yard and kids all get together out there from the whole neighborhood come over, my kids go over there so everybody's always on the trails or on the highway, they're going to be driving right out, half a block from my home, heading towards the beach or heading out, it's going to be horrendous traffic jams, um, Baleen is not kept great at well already, if they come out on Baleen it's going to be a disaster and I actually brought up the.., the dust, it's going to be horrendous in that area and the potholes on K-Beach that are like every time it rains and they come throw some more tar in there and patch it up... (END OF TAPE #1, SIDE 1) SPALDING: ... RV, big heavy ones. I wonder every year when they're going to fix that road and they're not doing anything about that, not your problem but some body's problem but that's going to be re... those.., that road is really narrow, K-Beach, right there in front of Robinson's in the area, it's really narrow, you're going to see a huge PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 18 increase and a deterioration of the highway, safety of the kids.., kids in that area, and I came up from Texas 20-years ago, I don't know if any of you've got out to the mouth of the river to see what it's like after the tourist, just from Anchorage come down, and ah, outlying city, it's.., it's a disaster, it's filthy, it's unbelievable trash left. I know that's how it's going to be and that wind blows it all over it's going to horrible out there; it's going to be... really nasty. I just hope that you don't approve this. GLICK: Okay, thank you. SPALDING: Thank you. GLICK: Ah, yes, the man there. Greg Beckman -- Good evening, my name is Greg Beckman... GLICK: (inaudible) BECKMAN: (inaudible) know if they were going to speak, I may approach this from a different angle. I rent in VIP Subdivision. I moved here three years ago. My goal is to purchase a home and maybe buy a home in that same subdivision; with this going in it will no longer make it a community where I have neighbors and friends, it will now just turn it into people that just come and go just like North Forest and whatnot and tax base and everything else going up all the time you would lose revenue from people who now will sell their land for less value and then also turn around and you will not get that tax base so... from a neighborhood standpoint I would like to keep it a neighborhood so, thank you for your time. GLICK: Okay, thank you. The man out in the hallway there... Chris Gabriel - Mr. Chairman, members of the Commission, my name is Chris Gabriel I've ah, lived in VIP for 18 years. This is not in keeping with the subdivision, not in character with the subdivision and ah, the State hasn't granted any kind of a access from the highway, there's no contingency plan for that so, I'd ask you to consider that for starters and.., also consider the fact that there's a bunch of people, all my neighbors here that don't want this thing to happen and I know that you ~1 consider that but in case you overlook that, you should be prepared for.., the other alternatives that me and my neighbors might have to undertake to overturn this and that may include litigation. I can't speak for them but I can speak for me, I am prepared to litigate this. Thank you. Oh, one other thing, itel be a cold day in hell before Mark Hall cuts down a tree in my subdivision. (laughter, applaud) GLICK: Okay, (inaudible) Mr. Popp. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 19 Bill Popp- Mr. Chairman, members of the Planning Commission, thank you for hearing my testimony tonight, Ifil do my best to be brief. I know you've heard quite a bit of testimony but I want to touch on a few things. GLICK' I still need your name and address... POPP: Oh, I apologize for... GLICK: ...for the record POPP: Bill Popp, ah, 810 Set Net Drive in VIP Subdivision othemrise known as the neighborhood tonight and I think that's what I... what you're seeing here tonight, you're seeing the neighborhood, we have a very close knit group of about 150 residences in our neighborhood, we talk to each other, maybe not as frequently as we should but we do talk which is why you see the kind of turnout that you see here tonight. We have a very strong, deep desire to preserve the neighborhood that we have built over the last three decades in this subdivision. I built my... I built my home there in 1983. I've raised my two children there. I've built my home up even more than what I even more than what I started out with, I put a lot of love and care into that home and I've also, I think, put a lot of love and care into the neighborhood. I've done my best to work with my neighbors on a different issues, sometimes we agree, sometimes we don't. I think tonight you see a lot of agreement. In your packets you've see a signature ah, letter of protest with over 140 signatures on it, I'm going to add another addition to that of another 25 signatures at the end of testimony. These are all from people from the neighborhood, we didn't go to Soldotna, we didn't stand in front of the post office, this is the neighborhood. We provided you with a list of over on... over 120 residences, represented by these signatures to give you a sense of out of those 150 or so homes, just how strong our objection is to this change in character in our neighborhood. I want to touch on some of the parts of the code because I know it's important as keepers of the comprehensive plan and the intent of the City Planning, ah, City planning codes that your decisions are based on the code so I would like to touch on a couple of those issues. First of all, the RV park proposal is fundamentally flawed in it's lack of research and I say that from the lack of knowledge and research of the neighborhood history and values. We're several decades worth of development in our neighborhood that has been slow but steady and has built a character in our neighborhood that we have worked very hard to preserve and to maintain and just for the benefit of the folks who are the applicants and based on their communication to you, the two that we have seen, we need them to know that dip netting began in 1996, not back before our homes were built in the 80' and early 90's and even in the 70's, so dip netting is a recent advent in our neighborhood and we built our homes there without knowing that dip netting was coming and quite frankly we wish it would go away based on a lot of noise and confusion that happens in our neighborhood. The lack of understanding of comprehensive plan and zoning code on page 37 of the.., of the plan, it says another issue of neighborhood concern is commercial development near residential areas as conditional uses urn.., or... or ah, through rezones PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 20 particularly along the Kenai Spur Highway. One of the goals of zoning is to achieve stable, livable, residential neighborhoods by separating them from incompatible uses. We believe this is an incompatible use. This is best achieved by zoning sufficiently suit.., ah, sufficient suitable located land for all expected uses and then adhering to the zoning plan. Our neighborhood is zoned rural residential. Section 14.22.45, Part 1 of the Kenai Zoning Code describes some of the requirements for the issuance of an RV park conditional use permit that reads that adequate utilities projected for... projected or f... excuse me, projected for actual or projected uses shall be available. Those utilities shall be available not maybe, not hopefully if a permit is granted down the road. GLICK: Are you about done? You're... POPP: Ah, about a half a page. In fact I would ask a little indulgence from the Chair, ah, I'm trying to stick to the Code... GLICK: Okay, as long as you leave a copy here... POPP: Yes Sir, I would turn this in. Um, Section 12.20.080, Intent, the rural residential zone is intended to provide for low density residential development in outlying and rural areas in a form which creates, again, a stable and attractive residential environment. The specific intent in establishing this zone is, and then it goes on into Section 2 to prohibit uses which would violate the residential character of the environment, generate heavy traffic in predominately residential areas. The lo... this is where it ties all together, the location of this proposed.., proposed RV park places our neighborhood directly in the path of the RV park clients trying to access the river and the dip net fishery. Location is everything and this is a bad location. The shortest distance between two points is a straight line and the straight line in down VIP to Set Net to Cannery Road, down VIP to Sand Dollar to Cannery Road to get to the dip net fishery, down the Salmon Run to Cannery Road over the dirt trail for the 4- wheelers, which we already deal with on a regular basis, imagine what 160 RV's towing more 4-wheelers into this area from Alaska residents, I'm not even worried about out of state residents, from Alaska residents and the impact that they will have on our neighborhood if this development is allowed to go forward. Our neighborhood is not advocating a NIMBY attitude, "not in my backyard", that is not the purpose of what you are seeing here tonight. If that were the case in our neighborhood you would have seen just as many of us here when you granted the conditional use permit for the Kenai Landings project, which is a tourism based project that has been well thought out, well researched, talked about in our neighborhood, carefully planned not to impact our residential streets and in fact to compliment our neighborhood, we love that development and we know that they are going to have RV development within that space, they have future plans to allow for RV's to be staged there, they already have 15 spaces but they have room for more, what that would be eventually we~l see, they~l come back to you for that conditional use permit but right now we're not against that development, we weren't against it then and we won't be against it in the future, they PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 21 have been doing a great job of de... redeveloping what in effect was a losing property previously for the City. Finally we have not never opposed reasonable home occupations. This is not a matter of NIMBY, this is a matter of bad planning and a bad proposal and we object to this permit being granted. GLICK: Thank you. (applaud) GLICK: Anyone else? Deb Olden - My name is Debby Olsen, I just moved here from Anchorage, Alaska and I just want to say that.. GLICK: We need you to sign in there with your... OLSEN: Oh, I'm sorry... GLICK: .,.name... OLSEN: I just want to say that moving to the neighborhood of VIP, I live on (inaudible) I want to say that we moved out there for the.,, the safety issue of the children and instead of worrying about this RV park and developing an RV Park, why.., why not develop a bike path going out or some safety path going out to the new cannery that's.., the new subdivision going out to Land... Kenai Landing. You know we're worried about safety for our children and people need to look at the safety issue out here, ah, we... we just have.., enormous safety issues with now we have a new building and new.., new traffic patterns going out in the area and there's more safety issues to look at rather than what's going on here at the.., ah, ah, RV park. We have an RV park that's going to cause more dangerous situations for us; with safety for our children. We have people, strangers coming in that we don't even know. People coming into this area that are just parking their vehicles for a while to enjoy the scenery, enjoy everything, we don't know what they're up to. Our children are walking the streets, we don't even have sidewalks for them, for our children. I can't even ride on my bike anymore down the street, down to the beach access which is provided for us, a beach access road provided for us... it... an... beach access with no road even to accesses to the road and now we have people coming in try to make a subdivision for a RV park? I... I just want to look at the safety of our children out in the area. We have more children out in VIP that we need to be more concerned about, we have strangers coming in from who knows where and now I have to worry not only for the safety of the issues of my children riding bike, 4-wheel, whatever the c... that they're doing to going down to the beach to enjoy their safety, their well-being and then we have... people from who knows where.., we don't need people from out of the ordinary coming into our neighborhood where we feel unsafe about the.., our children. Already we don't even have sidewalks, we don't even have a safety.., area for us to ride bike, PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 22 myself and my four children can't even ride bike down the road now not even knowing whether or not the semis are going to come by and knock us out the road, we don't know these strangers coming by and more and more, strangers come moving in, so I don.. I... I just vote... I oppose to this for a safety issue.., amongst the children. We have to be really aware of that. So... GLICK: Okay. OLSEN: I think that's one issue we should look at besides money value of a land value, the safety of the child... GLICK: Okay, thank you. OLSEN: Um-hm. GLICK: Anyone else? Yes Sir. Chris Frochet ???? spelling- My name is Chris Frochet, I live on 2635 VIP Drive. My wife didn't want me to speak because she didn't want me to embarrass her {laughter) but you know I think the key word here is residential. I mean, we're all residents, you know. All of you are residents... I mean, do you want an RV park in your backyard because that's what you're trying to do. I mean, I can't even believe you all contemplate giving them the.,, you know the right to rezone this into commercial, I mean, you all are residents that live here, just like all of us. None of us want this in our backyard so... GLICK: Okay. All right, the lady in the red.., blouse there, you wanted to speak? All right, thank you Sir. Sharon Taylor -- My name is Sharon Taylor and I live on Windjammer Court, it's off of Pirate Lane and um, Windjammer was one of the first streets put in VIP Subdivision and so I've lived.., we've owned our home since 1976. I've seen a lot of changes come in VIP in the last 20... 25, 30 years and some have been very good, most.., most very good. I've known in the last ah, 7 to 10 years there's been a lot of growth and new homes. It did affect our ho... our water when we started getting a... ah, abundance of homes. Our water level dropped and we had to pay.., our.., through our own pocket to fix that because we're on private well and... I can't speak for everybody in the subdivision but I have no problem against ah, community growth, I do have a problem with.., the reason.., or the fact that our property taxes keep going up but our value of our home keeps getting dropped because ah, people for their own self-interest.,, not thinking of the properties around them, come in and.., and want to put an RV park in our a... a duplex in a residential.., right on... right on the main street on Pirate, um, that does affect the property value of the homes around it for.., for blocks and the... the ah, security for our children is a big factor, I've known.., seen what the growth just along K-Beach and in the summer with the canneries that close to VIP Subdivision PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 23 there has been burglaries, there has been ah, problems with that and we've coped with it as a community but I don't... I don't think we should add to that problem in ah.. in a residential area. Thank you. GLICK: Okay, thank you. Man back there by the wall. Alan Dowell- My name is Alan Dowell and I live at 2335 VIP Drive and I'm not up here because of the zone, I don.,. I could give a hoot less about that as long as it's not in my neighborhood. I moved up here quality of life in 98 from Dallas, Texas. Down there I was a member of several RV parks. I have an RV in my backyard. I drove it from Dallas up here. I have not been in one yet that has lived up to all the standards that are set down by the RV park. I was a member of one down at Lake Fort, Texas that is ah, one of the.., supposed to be one of the biggest and baddest down there and they couldn't enforce the rules and regulations to the members. The members just didn't care and they were from out of state, there some from up here that go down there. They didn't care, they didn't care about the gray water, they didn't care about the sewage, they didn't care about anything. They're down there for their length of time and away they go. Leave it for the people that are actually the members that have to take care of the place and this is... in all of them I've been a member of, Sun Eagle Bay, down on Lake Palestine, same thing, and they're a big outfit. I mean, it's... it's ridiculous to bring this in and let it wreck the quality of life for all these people that live in VIP Subdivision and I guarantee you, that's what's going to happen if it goes through because who's going to regulate it? Who's going to govern it and who is going to enforce the rules? It's ain't gonna happen. I guarantee if this goes through you will be hearing from us again because we're not going to put up with what's gonna go on once this is in and I know for a fact there is nobody gonna enforce the rules of said zoning commissions or whatever, it ain't happening, it's.., it's already set up for failure. Thank you. (applaud) GLICK: Yes, lady out in the hall there. Susan Wells -- My name is Susan Wells and I live um, just outside of VIP in Beluga Estates. This would impact my property as well. Um, people with.., just the dip net fishery the City is not been able to urn, enforce the rules for the new parking'lot down by the beach. There's signs all over that say No Parking and No Camping, No Overnight Parking, and yet every July, almost every day of the week you can go down there and there's more than one camp.., camper parked there all night with fires and then they leave piles of garbage behind. The City can't enforce the rules there and so I don't know how the City is going to be able to enforce rules and regulations for um, camp ground as massive as this one is so I would just hope that you w, ould um, take into consideration, thoughtful consideration all the ah, testimony that s been given tonight and protect your locals residents. Thank you very much. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 24 GLICK: Okay, Thank you, did you sign in Ma'am. WELLS: Yes, I did, thank you. GLICK: Okay, thank you. Anyone else? Yes, go ahead. Lloyd Stewart -- My name is Lloyd Stewart I live on 855 Sand Dollar Drive. I've lived there for little over 15 years and like the rest of my neighbors I've seen a lot of changes there. In my part I think they're all good changes. We gained a neighborhood... Kenai has gained a good neighborhood, a lot of good families and something that contributes to the tax base of this community. I happen to live on the shortcut to the beach on Sand Dollar Drive which is the only one of the unpaved streets out in that area. Right now I see, in the summertime, just a excess of traffic coming through that road since they've ah, opened up the ah, little thing down at the cannery, they let people go down and dip net and the traffic is... is not ah, not good or conducive to the 15 mile and hour 20 mile an hour speed limit that's on our road. Most of the time is ah, pretty high speed traffic ah, 4-wheeler high speed traffic and I'm getting to the point where I'd like to set up some nail strips out there (laughter) and I know that this park is going to contribute to' that, I just know it; in my heart and I see it. Ah, I've seen it before and my plea to you is... my plea to my neighbors is to fight this with everything you got, I~l fight with you and my plea to you is the.., the ah, deciding on this permit is to turn it down. Turn it down for all of these good families that have built this good neighborhood and have contributed so much to this community. Thank you. (applaud) GLICK: Okay, thank you. Anyone else? Yes. Tom Weaver - My name is Tom Weaver I live at 2920 Schooner Circle. I'm opposed to this. I haven't been able to hear all the comments because I've been out in the hallway where we have a large group of neighbors. I hear concerns about the neighborhood, the safety of our homes and I'm... I agree with all that but what about the safety of the people in the RV Park? Not everyone goes fishing, you're going to have people staying back whether it's adults or children, there are no facilities of any kind out side on that side of the road, everything is on the other side of K-Beach. I'm a commercial truck driver, I drive that road, it's always, when you see people on the side of the road it's a distraction, someone wants to go to the diner from the RV park whether it's an adult or a child they going to run across the road, there's no crosswalks. They want to go get a soda from the little store they're going to run across the street. They want to do a bag of laundry they're going to run across the street. They want to go get a snack at the snack bar they're going to run across the street. How long is it going to be some... before someone gets killed or hit by a car. That' means their safety has to be considered also, there is no way to safely get across that street for anybody. There's no facilities that... I don't have anything more to say, I think that needs to be thought of too. Thank you. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 25 GLICK: Thank you Sir. Anyone else? (applaud) GLICK: Anyone else wishing to speak? Yes. Robin Leighty -- Good evening my name is Robin Leighty I live at 735 Set Net Drive. I just wanted to raise a couple of issues um, and reiterate what.., what other people have said about this being incompatible with the zoning of our area, it is entirely incompatible um, one issue that hasn't been raised specifically is noise that would be generated not only from the operation of generators at an RV park with that many... ah, potential 160 generators, say maybe 80... 80 of the operating at the same time would increase the noise level within a radius of about 800 feet around that RV park. In addition to that is the cumulative affect, if you clear the vegetation, if you clear the 300 feet of dense vegetation there you're going to increase the noise level in the entire residential area by 10 decibels and.., cumulative.., or cumulate that with the generator noise it's going to be pretty substantial and for those of us that live there 20... excuse me, 12 months out of the year we're going to get an increase noise from highway traffic throughout that neighborhood and that's one concern that has not been raised. Um, the.., another issue that's been raised is the issue of septic. A septic system that would accommodate the number of people that could potentially live in this RV park for the three months out of the year would be substantial. All of us live downstream, down gradient from that area. All of our wells could potentially be effective and I know.., affected.., and I know that that's not within your jurisdiction, ah, center DEC, however, I believe that the component of this change, of this um, conditional use permit, has not due diligence in coordinating with DEC and the ability to engineer a septic system that would work in that area; and it's going to be 3 years, potentially 5 years out before they get to the point of implementing that part of their construction but ah, I think all of that are downstream are concerned about that. There are alternatives to issuing a conditional use permit for allowing this RV park, there are other lands available that are more appropriately zoned where this type of a development could occur, does not need to occur within a residential area; and.., a lot.., perhaps the.., component of this, on their application it says they are not currently the owners but ah, the... Kenai Peninsula Borough GIS indicates they are the current owner.., obviously they didn't do their homework, it's not compatible, um... in the neighborhood and it is a neighborhood that's very concerned about that. So, thank you very much for the opportunity to speak. GLICK' Okay, thank you. Anyone else wishing to speak? Yes. Ken Pegg -- Mr. Chairman, my name is Ken Pegg from Spokane, Washington, 7911 West Mission. Ah, my partner and I are ah, ah, proposing the RV park on... K-Beach Road. Ah, I appreciate this forum very much to understand and respond to the concerns of the community with.., with policies and ah, practices that ah, taking their PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 26 interest into account. Ah, I propose that the 1 O-acres on K-Beach isn't conducive to residential zone. Ah, if it were, in my opinion, it ah, it would not have been set aside as an unsubdivided remainder of the VIP development. I would have covenants as the entire project has, which it doesn't. Ah, in the nearly 30-years since VIP was developed homes would have been built and they have not. Ah, the property hasn't even changed hands in almost 30 years; ah, even though it ah, had a For Sale sign on it for quite a few of them. Ah, why? Well, again it's my opinion that people prefer not to look out their homes and see the businesses that serve their community. Ah, such as a fuel station, auto service center, processing plant, and of course and major Alaska highway. Ah, I... I hope that ah, you'd see this as an opportunity for transitional use and.., now our desires a project that ah, meets the needs of visitors seeking world class fishing, ah, it needs a businesses that are so... there are associated with that industry and the desires of ah, we hope the majority of the.., the community's residents. Ah, we've worked with your fire chief, police chief, and lieutenant, ah, Planning engineering departments and found them to be outstanding professionals, you're lucky to have them and we developed our own covenants ah that address many of the concerns that we've heard tonight. Ah, we do intend to retain the natural beauty of the property, ah, by preserving acres of ah, acres of barrier for the residents and it's half of the project. Ah, we'll main.., maintain quiet clients that the community and the visitors deserve. Ah, we're proposing that the use of off road vehicles such as ATV's won't be permitted onsite; and there are ordinances in this community (laughter) and there are ordinances in the community that control their use on public roads. Ah, hopefully we might even actually reduce the use of ATV's in the area and maybe even in the wetland. Our goal is to channel visitors off of and back onto K-Beach Road with minimal or no additional impact to the community. GLICK: Sir, are you about... PEGG' Yeah. GLICK' Wrap up here? PEGG: Three quarters.., ah, ah... I think our visitors are poorly represented here, the RV visitors ah, in driving through the community I've seen a lot of RV's ah, I expect that our beautiful site would attract great people, just like the.., people are already on K-Beach Road, they're already here and their looking for a nice place to stay. Ah, when the short season is over this property returns to 10 vacant acres with zero impact to the community. I thank you very much for your time and consideration. GLICK' Okay, thank you Sir. Yes, the man out in the hallway. Wayne Cissell- My name is ah, Wayne Cissell, I live at 2710 Set Net Court ah, in Kenai here. Ah, since this came up you know, I was notified, I work late hours sometimes so you know, everyone here has taken the time to come here is kind of... common sense of how important this is to every.., each and every one of us that are PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 27 here and urn, you know I've lived in Set Net, I built my house in 86, all three of my kids went to Kenai High, they graduated. You know, we've lived there for some time, I lived in Kenai for 31 years and.., you know Kenai is my home, I've never lived anywhere but Kenai so ah, couple years ago there was a bar across K-Beach Road, I could hear it from my house at night, you know, and ah, through the windows which I leave my Ii... ah, windows open at night and you could hear it and.., and the neighborhood finally had enough complaints they finally closed it down and that's going to happen when they take those 10-acres and they make them an RV park out of them, I'll be able to hear all that stuff going on over there in that neighborhood, across from my house which, you know is going to keep me awake at night which I work days most of the time. Ah, I don't know if you noticed this gentleman mentioned that they are going to put signs up, no bridge.., or no river access. There's signs already up down that road and they're still accessing... I mean there's a continual traffic throughout the neighborhood. I don't have any little kids anymore but there's neighbors across my street, their little kids are in the street all the time. I live in the cul-de-sac which is nice but a lot of these folks don't. You know when the little k/ds are out there playing catch and stuff and (inaudible) because of this, there's.., there's liable to be some.., some problems you know and there was early mention about the Kenai River, I've seen the mouth of the Kenai River for umpteen years and I... I went down and looked at the bluff this summer and I don't.., it looked like a Russian River, ah, event... I... I was just amazed and I ain't taking any kind of fishing right from anybody but I'm just saying the City of Kenai needs to do something well that mouth of that river and the Kenai River fishery is going to be definitely impacted from what's going on down there and that's just my opinion, you know. I'm totally against this ah, I am pro industry, you know in ah, anything that's good for the community as far as working, you know I'm for jobs and you know I work just like anyone else out here does. I just pay my taxes, it was 800... or 1800 dollars, that's, you know, it's all based on this ah, 20,000 you write in and you got a 20,000 off what your house is assess... assessed at and there's a letter I got and he said he paid 2500 dollars when he comes up here this summer every summer, well that 1800 dollars that I spend just on taxes ain't nothing what I spend here in the community year in and year out. So I'm just saying that all of us... us that live here, you know we spend a lot of money in the community and you got to think about that, if there's 160 trailer parks, they're making 30 dollars a day, 54,000 a month, or whatever that amounts to, how much mill rate are you going to get off that revenue for those month and half or two months that somebody's going to be in a trailer park? I mean, you've got to look at the.., the amount of money that the city is going to gain from that versus what we pay already and what's going to happen to our property tax cause that will drive our property taxes down because our property values are going to go down, and that's just my opinion and I think that that's what's going to happen so... thank you., GLICK: Okay, is there anyone else wishing to speak? Yes Sir. Bill Miller -- My name is Bill Miller, I live at 2710 VIP Drive. I've been the.., in business in Kenai for long time. I've always had the theory that the man that owns PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 28 the land and as long as it's legal he can do what he wants to on that land and... I also believe that this is not legal. It doesn't comply with the zoning regulations, if it did comply, even though I'm against it, I'd be for him doing it. I think he mentioned why this land hasn't been developed, well there's been a sign on that land for probably 10 years that said it's For Sale, 10-acres for $100,000. If you do that math on that you have to have an acre per lot so you.., you've got $11,000 per acre, you got to subdivide, you have to build roads, and you have to sell it and you probably lose your shirt, that's why it's not been developed I don't believe. What I would ask him if he's willing, because I think with a 5 year plan, if they come in and cut down the trees, make gravel pad, and fail the land is really wasted if they're willing to provide a bond for the completion of the project including the water and sewer, ah, should you decide to... grant this conditional use permit, would.., would almost be a minimum you should require, I... I don't find any.,, any kind of guarantee that the City requires other than I guess if they fail, somebody complains and you have to go get the police to evict them. I think ah... a performance bond would be in order if you do grant this permit. Thank you. GLICK: Okay, thank you. Did you sign in Sir? MILLER: Yeah. GLICK: Okay. Anyone else wishing to speak? That's... (laughter) okay. that hasn't spoken before? Michelle Carlson - Hi, my name is Michelle Carlson and I couldn't hear very well, I live at on Sailor's Watch Circle, new house, new to the area to some degree, the last four years but I have worked in the alcohol industry in the State of Alaska for the last 20 years and I am an alcohol instructor in the State of Alaska for the last 18 and I believe I heard him say that they were not going to allow alcohol and they were going to monitor the alcohol (laughter) and of tha.., we live in front of the parking lot at the beach, we knew full well what we were getting into when we built with the dip netters, we knew that, that's fine but I do work at the Vagabond out the road there and I have dealt with alcohol for a big portion of my life and trying to monitor alcohol in an RV park, let alone monitor on a prem.., licensed premises, I don't know where that's going to put you in cost, if you look at your revenues or where you're.., you're payments go, the calls that come out, even out in our area for what your police department and the Troopers to the Kenai Police and the Trooper department have to cost you a big chunk of your bucks. So, consider that in this no alcohol because if that's what he's telling you I beg... (chuckle) I... I can't even believe that they can.., who is going to enforce that? I mean, that's.., it's just crazy. Um, I live in... we... we just purchased, bought out house, we moved in in February, we bought the property just next to us for a good portion of money and that traffic, if he isn't going to allow it, it's going to come our way also and the fact is we watch what goes on in the parking lot in front of us, we had a full summer there to watch what happens with the dip netting and from the bathrooms, etc., I mean, they~l go over in front of the kids in the woods, if there... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 29 even if the bathrooms busy, there's somebody out there going to the bathroom in the woods, I watch em' when I have coffee in the morning (laughter) I knew that when I bought (laughter) when I built my house {laughter) but.., this is going to increase it and no... and somebody else brought up the fact that of, I... I've called the Troopers myself and it was even getting a hold of DOT for what is your speed limit and in the residential etc., and it is... anybody that's down there can tell you they go anywhere from 40 to 60 miles an hour drag racing down that road on the 4-wheelers, etc. I'm just saying you.., have to lo... look back even at this last summer with your toll booth and everything else, that was good idea in my re... perspective because I was there, other people may not have liked it but it control it, that was a good step I felt but you're opening yourself up for a whole lot more and I'm saying that from first hand experience, only by one year but I knew what I was getting into there, this is going to be something else (laugh) and as far as the no drinking goes... AMEN: 10 seconds. CARLSON: ...that'll be interesting (laugh) (applaud) GLICK: Okay, thank you. CARLSON: Thank you. GLICK: Anyone else wishing to speak at this time? Out in the hallway, anybody... okay, the lady there has her hand up... Jocelyn McCollum - hello I'm Jocelyn McCollum I live on ah, Seine Court and I had submitted a letter that's in the packet. I really don't care to reread it, I made some typos which are quite embarrassing (laughter) and Ifil tell you initially when I read the ah, developers two letters, I was bothered because I felt like they were bullying tactics and you know it's in an essential part of the Alaska spirit that nobody is going to push us around (laughter, applaud) I don't like this for a lot of reasons, it's not going to contribute to our economy and.., it's just.., it's going to change the integrity of our neighborhood, feeling safe to let our kids ride around the neighborhood to go visit their friends, you know that's something we kind of take for granted besides just looking out for each other, being good neighbors, being very tolerant, um, you know there'san old expression you can't pick your ah, relatives or your neighbors but I don't believe that entirely true in a situation, I think we are placing in faith in you that you listen to all these reasons and take into account why it's important for us to have faith in you and.., and for you to do the right thing. Thank you GLICK' All right, thank you. Anyone else? Okay, I don't see anymore hands so we'll bring it back to the Commissioners. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 30 Public hearing closed at 8:30 p.m. GLICK: Marilyn does the staff have any more comments? KEBSCHULL: Well, I would draw your attention to the packet to the.., if the Commission should decided to approve the permit the recommendations that should be addressed. In addition, I'd like note ah, that as in the past when you granted a conditional use permits that this permit ah, that the preliminary drawing in the packet is just that, it is a preliminary drawing. It would be fine tuned and approved um, by a land ah, scape site plan review um, as all commercial uses um, that we have done as conditional uses in residential zones in the past have been done. Um, so what probably what you have in your packet is probably um, much more ah, dense than what would actually happen when they take it into consideration the recommended buffer that ah, is in the recommendation. Um, and in addition, ah, (inaudible) comment as far as the information that was provided in your packets there was um, we were inundated with ah, the e-mails and the letters but in your packet you only got one copy, I may have received copies from several of you that were e-mailed to you but I just ensured that one copy of each e-mail was in the packet so that you had that information and I can answer other questions as we go. I would draw your attention um, to most of those you probably saw, your probably did not see the one addressed to me today from ah, Chief Walden, our Kenai Fire Chief, um, and um, he addressed ah.. met with the developers, he and ah, Chief Kopp and Lt. Wanamaker and ah, most of their concerns were ah, he believes were addressed at that meeting so you may want to review that e-mail. GLICK' Okay, thank you. Comments. Mr. Bryson? BRYSON' Yes, ah, it's ah, my intent to be voting ah, in opposition to the motion. Ah, and I would propose ah, as... dependent on ah what the determination of the board is ah, that the following items be considered as findings of fact, ah, one that the use is not consistent ah with the intent of the zoning district; two the ah value of the adjoining property and neighborhood would be significantly impaired. GLICK' Okay, that.., anyone else? Yes. AMEN' I have some questions for staff, ah, the ah, the adjacent property ah, upper part of the map, I imagine that's to the east, ah, duplexes, four-plexes, ah, how were they installed? Were they also ah, conditional use or what was it... UNKNOWN: That's permitted. AMEN: That's permitted activity at that time? KEBSCHULL: Yes, those are permitted uses. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 31 AMEN: Multiple family? KEBSCHULL: Yes. AMEN: Okay, ah, how do we define the difference between an RV park and a trailer or mobile home park? KEBSCHULL: Mobile home ah, I don't know that it's defined in the.., in the code but my interpretation would be a mobile home is for permanent residential use, RV is for temporary use. Mobile homes, also require a conditional use in the City. AMEN' Okay. Um, do we have any historical information on the RV parks that have been established and are operating inside Kenai, ah, an example would be the one there on the bluff at Old Towne.; as far as impacting neighborhood value or impacting the neighborhood... KEBSCHULL: I don't have that information. AMEN: (inaudible) and ah, final question I had is if this is ah, as submitted, is ah, turned down, does the owner have an option for modifying this and resubmitting it in the future? KEBSCHULL: Yes, he does. AMEN: Okay, thank you, that's all the questions I had. ELDRIDGE: Yeah, the comment that I have, one is good to see all my neighbors out, ah, I live in VIP on Set Net Drive myself and I... have seen a lot of that traffic that's gone by... ah, in the summer and the increase. Of course we have traffic problems year around ah it's not only visitors it's also our neighbor.., neighborhood. Ah, (inaudible) this thing is absolutely ah, you know and not acceptable to me ah, I don't... just don't think they put enough ah, thought into it in the first place ah, so I'm... I'm going to vote no on this particular one tonight but ah, as ah, Commissioner Amen brought out you know ah... might be put .... SIDE 2, TAPE #1 ENDS TAPE #2, SIDE 1 ELDRIDGE' ...and low income housing is very much ah, you know, liable to be there, ah, and ah, it could be developed there, in... in that property so, I... I agree we want... we need some buffer between what we have as residential and.., and the commercial across the street but ah, ah... if this were properly done it might be ah, acceptable butter as... as presented it is not acceptable to me but some of the alternatives might be, ah, multi-plexes, low cost, low income housing so ah, whatever, a... a... as a PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 32 neighbor that's what.., that's.., that's my concern ah, it's.., it's looking at the whole picture but tonight I will be voting no on this proposal. GLICK: Okay, anyone else? Yes. HAMMELMAN' Just a couple comments, ah, just a couple comments first of all we meet two times a month and you're always welcome, we've never had any (inaudible) (laughter). You know it... really this is an educational opportunity for ever body because urn, I do believe that the.. that people that bought this property have the right to develop it, it is in the code, I do believe that. I think it's very difficult to read the comprehensive plan and interpret that, it's vague intentionally, it could be interpreted any way you want it basically, there are a lot of different ways let's put it that way. Um, in this particular issue I'm going to vote no because I don't think there's enough information in the application to... to um, make a good decision. I don't think three phases represents a well thought or well developed plan. Ah, I'm skeptical that three sets of port-a-potties and three dumpsters can accommodate the waste that can be generated during ah, during the frenzy of the red season. Urn, let's see, you know and.., and one of the things I'd like to point out is... ah, and.., and... and ah, I hope I'm not out of line, ah, Chairman, you know, a couple different times this evening you've been ah, referred to, or our actions were being referred to as appalling but you know what, we have to take everybody just like we would anybody. If you bought that property we have to evaluate that, that's what we do so it's not that we're doing something that is appalling, we're doing what we are asked to do so... um, and I guess with that um, I~1 close my comments but I would be voting against this application so... GLICK: Okay. HAMMELMAN: Thank you. GLICK: Anybody else, Mr. Barrett, you have any... BARRETT: No. GLICK: Jeff?. TWAIT: No. BRYSON: Ah, ah... one other comment, ah, it appears that ah, the ah, 10-acre tract was ah, ah, kept separate from the ah, ah, platted area for lots for a purpose ah, ah, it would appear without any necessary factual basis that it would be a... appropriate for ah, light commercial serving the community in... in the area and ah, some use like that might.., might appear appropriate for ah, a small tract like that that fronts the highway. Ah, however, I... I feel the proposal ah, dramatically affects the entire ah, area behind it. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 33 GLICK: Okay. BRYSON: Ah, I'm... I'm, the other issue is ah, positive aspects of it from a developer's ah, perspective ah, (inaudible) one is increased ah, sales tax for the City which is obvious and the increased ah, value of that property which is obvious ah, the opposite is the ah, ah... level of ah, life values that are.., would appear to be affected. GLICK: Okay, yes. AMEN: I have one additional comment, ah, I've put down 14 excellent points that we discussed this evening or that we've had input on this evening, ah, but I think the one that hits me there the hardest on this is the fact that ah, you could very easily degrade the ah, the water table and the.., the quality of the drinking water in that area ah, with a development like this that ah, affects not only sewage ah, waste ah, but also the chemicals coming out of an RV park and ah, once that's gone it's gone and ah, I'd... ah, that's pretty close to home when your drinking water coming out of your faucet could be affected and ah... that's.., that was my comment. GLICK: Okay, we're ready to vote. Okay, roll call vote Verbatim Ends' VOTE: Amen: No Barrett: No Glick: No Bryson: No TWAIT: No HAMMELMAN: No ELDRIDGE: No MOTION FAILED UNANIMOUSLY. Glick informed the applicant he would have 15 days in which to provide a written appeal to the City Council through the City Clerk. The audience was advised the Board of Adjustment hearing on the issue would be advertised in the paper as well as on the City's website. Glick called for a 15-minute at ease. BREAK TAKEN: 8:45 P.M. BACK TO ORDER: 9:00 P.M. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 34 ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS Discussion -- State of Alaska, Department of Natural Resources, Division of Mining, Land & Water Sprin~ 2005 State Land Dispose- Discussion Kebschull drew attention to the memo included in the packet and reported the City received information the State is considering disposing of some land in the spring and they are seeking input from the City. Kebschull added, they are changing the classification on some of the lots which may not be of interest to the City but the Commission may want to comment on the zoning because of previous issues with the State selling land to people in that particular area. Kebschull noted the road on the back side was platted but not developed. After discussion staff was directed to provide the State of Alaska with their comments regarding the zoning and road issue. ITEM 8' PENDING ITEMS -- None. ITEM 9' CODE ENFORCEMENT Pending Code Violations Report Chairman Glick drew attention to the code violation report and it was noted the Code Violation Officer was still on staff. ITEM 10' REPORTS 10-a. City Council -- Council Member Ross reported that he was not present at the last Council meeting but stated that if there were any questions he would get an answer. 10-b. Borough Planning -- Bryson noted a copy of the November 22 meeting agenda was included in the packet. He gave a brief review of actions taken at the meeting. 10-c. Administration -- Kebschull reported the following: · A joint work session is scheduled for December 9 with the City Council and Airport Commission to discuss the Airport Master Plan and the Planning and Zoning Commission is welcome to attend. · A list of CIP projects was provided as a handout prior to the meeting. A work session is scheduled for December 15th before the City Council meeting. · Kenai Landing may be coming back to modify their conditional use. · The scheduled work session for this evening is rescheduled until the next Planning and Zoning meeting. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 35 ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Zoning Bulletin ( 11 / 10 / 04 & 11 / 25 / 04) Commission/Committee Term Reappointment Letters - Commissioner Barrett and Commissioner Hammelman Planning & Zoning Commission Calendar for 2005 ITEM 13: COMMISSION COMMENTS & ~)UESTIONS Commissioner Bryson -- Asked Council Member Ross the nature of the fire improvements in the VIP area would be. Ross replied, the project would put a well for pumper refill access. Commissioner Barrett asked about signage for defunct businesses or businesses having left the area. Kebschull replied, pursuant to city code, signs are supposed to be maintained. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9'35 p.m. Minutes transcribed and prepared by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 36 STAFF REPORT To: Planning & Zoning Commission Date: December 13, 2004 Res: PZ05-01 GENERAL INFORMATION , Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, Alaska 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat- Kenai Landing - Cottages Subdivision Kenai Landing - Cottages Subdivision - A subdivision of Government Lot 9 within SW ¼ Section 8, Government Lots 11 & 12 within NW ¼ Section 17 2101 Bowpicker Lane 04910104 IH- Heavy Industrial Commercial/Vacant Industrial This plat subdivides property to create a 6.689-acre parcel. The property is zoned heavy industrial. The resulting parcels meet the lot size requirements for the zone. Water and sewer are not available. An installation agreement will not be required. However, an access easement through the new Tract A will be required for access to Lot 1. This plat reveals buildings that are built across the section line. The property owner should begin investigating the possibility of vacating the section line to eliminate these long-standing encroachments. City Engineer: All streets and utilities constructed within Lot 1 will be privately maintained. Building Official: This replat brings existing buildings into compliance with building codes for separation from property lines. 0501 Comment.doc Page 2 RECOMMENDATIONS Recommend approval with the following requirement: 1. An access easement for Lot 1 must be filed with the City of Kenai prior to recording the final plat. ATTACHMENTS: 1. Resolution No. PZ05-01 2. Preliminary Plat KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-01 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZON1NG COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KENAI LANDING- COTTAGES SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 8~ 2004, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned IH - HEAVY INDUSTRIAL and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. 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' a. An access easement for Lot 1 must be filed with the City of Kenai prior to recording the final plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KENAI LANDING- COTTAGES SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 12~ 2005. CHAIRPERSON: ATTEST' STAFF REPORT To' Planning & Zoning Commission Date: December 14, 2004 Res: PZ05-02 GENERAL INFORMATION Applicant: Jackie Johnson 11 25 Angler Drive Kenai, AK 99611 283-2675 Requested Action: Legal Description' Street Address: KPB Parcel No,: Existing Zoning' Current Land Use: Land Use Plan: Variance- Side Yard Setback Lot 8, Anglers Acres Subdivision Part 3 11 25 Angler Drive 04939032 RR - Rural Residential Residential- Commercial Recreation Rural Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 0502 Comment.doc Page 2 1 The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. Applicant is requesting a variance to allow building 5-feet into the required 15-feet side yard setback. The applicant would like to construct a 28'X40' two-story addition to the residence at this location. The addition sketched on the as built does not show the breezeway that will connect it to the existing structure. With the breezeway connection, this is considered an addition and not a separate structure. The bottom story would house a garage and the top story would be used for residential purposes. The applicant's agent met with City officials to discuss building alternatives for the proposed addition. Initially, it was recommended that the applicant attempt to meet the building restrictions instead of applying for the variance. However, after further discussion, it appeared that the requested variance might meet the requirements of KMC 14.20.1 80. An as built survey of the property dated August 17, 1999 shows the structures located on the parcel. There is 10-foot utility easement on the south side of this lot. According to Borough records, sixty-feet of this 10- foot utility easement was vacated in 1995. (See attached as built.) Also shown on the as built is a common driveway that serves both Lots 8 and 9. This parcel is located on Angler Drive. This area has developed over the years into a commercial recreation area through the issuance of conditional use permits and variances for additional structures for cabins that are used in the businesses as cabin rentals. The original developer of this lot, Brian Lowe, received a conditional use permit for lodging and boat parking in 1996. In 1997, the permit was transferred to Ms. Johnson. In 1999, Ms. Johnson applied to modify the original conditional use permit to include cabin rentals and lodging. Ms. Johnson also applied for and received a variance for principal structures to construct three cabins in addition to the original residence. Two cabins were built in 1999. The third cabin has not been built. A condition of the variance was a DEC approved septic system for the use. This condition was met with a system designed by McLane Consulting. Ms. Johnson has operated the conditional use permit in compliance with all regulations since assuming the permit in 1 997. To approve the permit, the Commission must establish that the request meets the following criteria: 0502 Comment.doc Page 3 Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Lots 8 and 9 share a common driveway for access to the parcels. If the variance were not permitted, a portion of the common driveway would have to be abandoned for placement of the addition. It appears that this condition merits consideration as meeting this criterion. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The applicant did not construct this driveway. The granting of the variance shall not authorize a use that is not a permitted principal ~use in the zoning district in which the property is located. The requested addition for residential use is a principally permitted use in the rural residential zone. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Initially, the applicant proposed to build 10 feet into the required 15-feet setback. After meetings with the Building Official and reviewing alternatives to the proposed plan, the revised plan was submitted. Because the alternative of moving the proposed addition toward Angler Drive would require the vacation of a portion of the shared driveway, it appears that allowing the five-foot variance may be considered a minimum variance. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The variance is not based on other non-conforming land uses in the district. City Engineer: The new living unit must meet ADEC standards for water and wastewater. Building Official: A building permit will be required for the construction and after construction an as built will be required to verified setback requirements are met. RECOMMENDATIONS Recommend approval with the following requirement: 0502 Comment.doc Page 4 1. Provide verification that the septic system will support the additional structure. ATTACHMENTS' 1. Resolution No. PZ05-02 2. Application 3. Drawings KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-02 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Jackie Johnson LOCATED 1125 An~ler Drive - Lot 8, Anglers Acres Subdivision Part 3 (Street Address/Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: . . o o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: November 22, 2004 This request is located on land zoned: RR- Rural Residential That the applicant seeks a variance from the specified requirement of the Zoning code: 14.24.020- Development Requirements - Side Yard Setback (5-Foot Variance) a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: January 12, 2005 Applicant must comply with all Federal, State, and local regulations. Additional Requirements: 1. Provide verification that the septic system will support the additional structure. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 12, 2005. CHAIRPERSON' ATTEST' CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 3-7535 FAX DATE' APPLICATION FOR VARIANCE PERMIT I AM REQUESTING/~ VARIANCE FROM (State section of Kenai Municipal Code)- Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CON ~DITNS. ' 1. V Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. , A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the reqUested variance, the Commission shall establish a finding that al._[i of the following conditions exist as a prerequisite to issuance of a variance permit: · Special conditions or circumstances are present which are peculiar t° the land or structures involved which are not applicable to other lands or · structures in the same zoning district. · The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. · The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the Property is located. · The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. · The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Reviewed approved by the Planning Commission on 2002. , day of Chairperson: Attest: , , DATE: FROM: November 22, 2004 Jackie Johnson 1125 Angler Drive Kenai, Alaska 99611 TO- Marilyn Kebschull Fax#: 283-3014 SUBJECT: Comments Supporting Recent Submittal Please add the following comments to my existing application that I submitted to your office on 11/22/2004: An addition to the existing house; I am requesting to build five feet into setback. Thank You, ESTATI LM u.I z 0 L E_.G.E.UP_AN_P NO?E.S Beover Creek Tidol Flots ILO. 61' Shed/Wellhou'Se ,~,., ...... ,:~,,,-~? D/W LOT 9 Found sur~'ey mollu/llent · Found I/2" R. ebar / -~ Septic Vent ~ Well ( ) Indicates Record Datum -(J~ Meier Pole SCALE % Power Pole 1" = 60' I) The bearings and distances shown hereon relative to the property botmdaries were derived from data of record. Prepared For: Jackie Johnson I125 Angler Drive Kenai, AK 99611 AS-BUILT SURVEY I__ l_~_~_~Y_~;i_~_(__~E_I _~v~rvi~~ ~h~j~l~F4/n~gsd,;~bed property: PART THREE ................................ located in the KENAI Recording District. Alaska and that lite improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no improvements on the property lying adjacent thereto encroach on fl~e premises in question and that there are no roadways, transmis- sion lines or oilier visible easements on said property except as in- dicated hereon. Original Date: August 25, 1995 Rcccrtilied: Augu&t ~, 19.99 / .... / . 'McLANE TESTING Engineers, Surveyors and Plmmers P.O. Box 468 Soldotna, AK 99669 EXCLUSION NOTE: It is the responsibility of the owner to determine the existence of any easements, covenants or restrictions which do not appear on the recorded subdivision plat. Under no circumstances ~hould any data hereon be used for construction or for establishing boundary or fence lines. Job No: 991065" Field Book No. 95-19- I I ANGLER DRIVE I' .._-. 60' t) :The bearlngs .m~d distances ah,own: hereon from data of record. A.S-BUiL'T 8UR VEY LOT 8 ·ANGLERS ACRES SUI~OIMS!ON ----::: £.~LL .......... J.~,: ....... ,:.,,; :_:~'~.'~::1..d.". ....... :-:.:..,-/'.'.':': :: :.! '.'. :7:"::":'": ...... '~ .............. :'" :" :" ' ],m"l .......... PAR'T THREE , ..: ...... · ~ Au~st 26, t99~ http://www, borough, kenai, ak. us/planningdept/Planncomm/Resolution s/1997/9749.htm 10/25/2004 C-1 11-2 Printed in U. S. A. Angler Drive Arco STAFF REPORT To: Planning & Zoning Commission Date: December 28, 2004 Res: PZ05-03 (PZ03-43) GENERAL INFORMATION Applicant' Steve Agni, President Kenai Landing 2101 Bowpicker Lane Kenai, AK 99611 9O7-248-8300 5011 Spenard Road, Suite 201 Anchorage, AK 99517 Requested Action' Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Amend Conditional Use Permit PZ03-43 - Add Condominiums A portion of government Lots 11 & 12 in Section 17 excluding therefrom that portion as per easement 183 ~ 450 - 2101 Bowpicker Lane as shown on attached preliminary plat 2101 Bowpicker Lane 04910104 IH- Heavy Industrial Vacant Industrial ANALYSIS General Information' KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are' 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may 05-03 (03-43) Comment.doc Page 2 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. In 2003, Kenai Landing, Inc. was granted a Conditional Use Permit to revitalize the Wards Cove Cannery into a commercial development. The approved permit includes the following uses' Hotels/motels, restaurant, bar, food vendors, bakery, theatre/commercial recreation, and a recreational vehicle park. Kenai Landing, Inc. is requesting an amendment to their permit to add a "Common Interest Ownership Community" (condominium project) on a portion of their property. This property is zoned IH - Heavy Industrial. Residential use is listed as a secondary use or requires conditional use in this zone. The proposed preliminary plat for this development consists of approximately 6.7 acres and eligible for a possible rezone. This option was considered and discussed with Cary Graves, Kenai City Attorney. At this time it is believed that amending the present permit is the best method until there is furore development in the area. The applicant has provided a detailed description of the proposed development. The development will be located south of the commercial development. Access will be through the Kenai Landing property with a private easement. On page two of the application, infrastructure is described. The project will involve development of on-site water and sewer that meets State of Alaska, Department of Environmental Conservation requirements for the use. The proposed project density is approximately 8.5 dwellings per acre. There are no density restrictions in the Development Requirements Table for the commercial and industrial zones. If this property is ever rezoned to residential use, it is expected it would be zoned rural residential because of the location and lack of public utilities. In the rural residential zone, each single/two/three family dwelling would require 20,000 square feet. It appears, based on the Exhibit 'B' drawing provided in the application, and that the applicant is proposing single family, two family, and three-family dwellings, that the proposed density is higher than the density for the rural residential zone. The applicant goes on to explain that the setbacks depicted on Exhibit B are designed to ensure a low-density appearance and states, "all building will have combined side setbacks equal to ten feet or greater." The application states all buildings will have a setback of at least 25-feet from the street. The setback from the bluff will meet the 50- foot required by the Kenai River Protection Ordinance. In the heavy industrial zone, setbacks are determined by the building code. All setbacks listed in the application meet the building code. The applicant has reviewed the criteria that must be satisfied for the Commission to grant the request for the permit. Please see page three of the application. The proposed application must meet the criteria that: 05-03 (03-43) Comment.doc Page 3 "The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district." Kenai Municipal Code 14.20.140 describes the intent of the zone as, "is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect." Residential uses are listed as conditional in the zone. It is believed this area was originally zoned heavy industrial because of the canneries and the industry that supported the canneries. With the decline of the fishing industry, and the renovation of the Wards Cove cannery to the current Kenai Landing, it may be appropriate to review the current zoning to a zone that reflects the current use. The Comprehensive Plan notes that surplus industrial-zoned parcels should be rezoned for other uses that are compatible with existing development patterns. When the parcel located to the south of Kenai Landing is developed, dependent on the proposed use, it may be appropriate to review the current zoning and rezone the parcels to accommodate those uses. It is unlikely that the commercial fishing industry will recover to a point that additional lands will be needed for expansion of facilities beyond those in existence. "The value of the adjoining property and neighborhood will not be significantly impaired." With the renovation of the Wards Cove site, Kenai Landing has added value to the existing site. With the proposed CIOC, the adjoining property should not be significantly impaired. Instead, it is believed that the development will add value to the adjoining properties. "The proposed use is in harmony with the Comprehensive Plan." As noted above, the Comprehensive Plan states that surplus industrial-zoned parcels should be rezoned for other uses that are compatible with existing development patterns. Although, it is unknown what furore development of the adjoining parcel will be, it is unlikely it will be in the nature of heavy industrial zoning. The conditional use for the proposed development will allow the proposed use and time for the furore development demand to determine whether or not the zoning of this parcel should be amended. "Public services and facilities are adequate to serve the proposed use. proposed will be served with on-site water and sewer. "The CIOC "The proposed use will not be harmful to the public safety, health or welfare." Police and fire service are available. At this time, the Fire Department is pursuing a well in the VIP area to provide closer access to water for the fire trucks." The Fire Department would like to ensure the streets in the development would support emergency equipment. If approved, the Fire Marshall will review the plans as the development proceeds. 05-03 (03-43) Comment.doc Page 4 City Engineer: This type of development adds high quality tax base to the community with a minimal impact to City infrastructure maintenance since it is totally private. Building Official' No additional comments. RECOMMENDATIONS It appears that the amendment to the Conditional Use Permit to include a residential common interest ownership community on approximately 6.7 acres of the Kenai Landing site meets the requirements of section 14.20.150 of the Kenai Municipal Code. The applicants have provided a detailed description of the proposed development; however, the actual development will be determined as the project is constructed. (The Exhibit 'B' is a depiction of the proposed development and the layout will be determined as the property is marketed.) The applicants have experience with this type of development and have taken steps to meet the State statutes for the proposed development. Because of the zoning, the conditional use permit is necessary. It is noted that the density is higher than would be allowed if the property were rezoned to residential zoning in the furore.. It is recommended that to preserve separation from the adjoining property to the south and east that a minimum setback of 15 feet is required from these lot lines. The applicant has advised they will adhere to the 50 feet Kenai River Protection Zone setback. The other setbacks listed in the development proposal meet the building code. Recommended approval with the following requirements: 1. Meet State of Alaska requirements for said development. 2. A minimum 15-foot setback must be maintained from property shown as Government Lot 13, Unsubdivided, Government Lot 14, and Track A on the Kenai Landing Cottages Preliminary Plat. 3. Meet State of Alaska, Department of Environmental Conservation requirements for the on-site water and sewer for the development and provide the City of copy of the DEC permits. 4. Provide a recorded copy of the access easement to the City of Kenai. 5. All streets within the development must be maintained by the CIOC. ATTACHMENTS' 1. Resolution No. PZ05-03 (PZ03-43) 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-03 (PZ03-43) 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' Kenai Landing, Inc. USE Amend PZ03-43 to include a Common Interest Ownership Community (Condominium Project) LOCATED 2101 Bowpicker Lane- A portion of Government Lots 11 & 12 in Section 17 (Street AddresS/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04910104 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 22, 2004 . This request is on land zoned: IH- Heavy Industrial o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2 , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: January 12, 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 Common Interest Ownership Community (Condominium Project) 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, JANUARY 12, 2005. CHAIRPERSON' ATTEST: 0503 (03-43) Res.doc Page 2 Additional Requirements' 1. Meet State of Alaska requirements for said development. 2. A minimum 15-foot setback must be maintained from property shown as Government Lot 13, Unsubdivided, Government Lot 14, and Track A on the Kenai Landing Cottages Preliminary Plat. 3. Meet State of Alaska, Department of Environmental Conservation requirements for the on-site water and sewer for the development and provide the City of copy of the DEC permits. 4. Provide a recorded copy of the access easement to the City of Kenai. 5. All streets within the development must be maintained by the CIOC. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-43 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: Jon Faulkner and. Steve Agni . USE_ Hotels/Motels~ Restaurant~ Bar~ Food Vendors~ Bakery~ Theatre/Commercial Recreation~ and Recreational Vehicle Park , LOCATED: Government Lot 9 in Section 8 and Government Lots 1 1 and ~ 2 in Section 1 7 excluding therefrom that portion as per easement 183 @ 450 - Bowpicker Lane 2101 (Street Address/Legal Description) .KENAI PENINSULA BOROUGH PARCEL NO: 04910104 & 04910103 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 30, 2003 , This request is on land zoned' IH - Heavy Industrial 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' bo , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 22, 2003. 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 USES 'LISTED ABOVE MEET THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE C ?FICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 22, 2003. ./ CHAIRPERso TEST;' ]'~' "~/;, 'L~Q(~.~,, ,,.~_.v [ (~ PZ03-43 Page 2 · m So Comply with all state, local, and federal regulations. Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water .systems for the conditional uses. Provide landscape/site plans for review and approval when applications for building permits are submitted. Provide landscape/site plan for the recreational vehicle park for review and approval. If the recreational vehicle sites are increased in the future, submit landscape/site plan for approval. CITY OF - o/ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA TELEPHONE 907-283-7535 FAX 907-283-,t014 CONDITIONAL USE PERMIT APPLICATION Business Name: ~(~~~/ /~/q.~D/M~ ,/m/~. Mailing Address: ~'~Q// 5'--~~~D ~0~ ~d/~ ~0/ ~~~O~'~~ ~~-/'~ Street Address: (~ere pe~it will ~ operat~ fio~.) Legal Descfimion of~openy: L o'~3, / i ~/~ /~ ~~~o~ /7 ' Kcnai Peninsula BorouO P~ccl ~o.: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ,The following information must be provided before your application will be considered for processing. Do not submit your application until it contains ~i~ .required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of thc property that I have permission to apply for this Conditional Usc 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 consistem with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Date: / APPLICATION TO MODIFY CONDITIONAL USE AUTHORIZING RESIDENTIAL COMMON INTEREST OWNERSHIP COMMUNITY ON: 6.6 ACRES OF THE KENAI LANDING SITE This application is submitted to modify an existing conditional use to allow a Common Interest Ownership Community on 6.6 acres of the Kenai Landing site as shown on the proposed plat attached as Exhibit A here. The Petitioner is the Owner, Kenai Landing Inc. and the application is submitted by its president Steve Agni. The Common Interest Ownership Community proposed is for the development of detached and attached dwellings in a cluster home style project intended to provide year round and extended season homes for individual owners. The land area designated for this project was historically used for seasonal residences by the managers and owners of the former Wards Cove Company and its predecessors. The development of the dwellings will encourage the use of Kenai Landing for extended and ultimately year round activity The Property The Property proposed for the Common Interest Ownership Community (CIOC) is the southernmost 6.68 aces of the Kenai Landing site a portion of Government Lots 11 and 12. The property depicted on Exhibit A attached shall have a separate legal description on final approval and recording of that Plat and be designated as Lot 1. The property is presently Zoned I-1 "industrial" and is the subject of an existing conditional use that authorizes commercial uses such as lodging, camper parks, restaurants and mercantile. The property is essentially flat with a gentle rise to the south and west and is comprised of good gravel. The tract has a width of about 420 feet along the Kenai fiver and a depth of about 880 feet extending to the west. The property has a mix of spruce, birch and willow trees and is ideally suited to residential use. Historically it has been the site of the residences used by the owners and mangers of the Wards Cove Kenai plant. It is situated adjacent to the existing robust water wells on the Kenai Landing site. Conditional Use Requested The conditional Use requested by the Petitioner is Common Interest Ownership Community to allow for the construction of attached and detached residences in the project area, Exhibit A the proposed 6.68 acre tract to be known as "Lot 1" Project Description, the "CIOC" The project proposed by the Petitioner is a Common Interest Ownership Community under Alaska Statutes 34.08 et. Seq. that will provide attached and detached residences as depicted on the attached Exhibit B. Due to common interest ownership format there will not be conventional subdivided lots. However building pads with exterior yards of "limited commons" are defined to create the look and feel of a cluster home project. Page 2 of 4 Application to Revise Conditional Use, Kenai Landing The single family homes anticipated will be modest in size between 1500 and 2000 square feet of living space, akin to traditional cottages. The attached dwelling will be included in duplex and triplex "town home" style structures that are designed to have the look of single family homes. All of the dwellings will have included garages, most of which will be single car size. All of the dwellings will be designed and constructed to be suited to and comfortable for year round use. All dwellings constructed will be guided in their design and appearance by the adoption of Covenants, Conditions and Restrictions, (CC&R's) that will be recorded. Attached as Exhibit C are renderings and illustrations illustrating the general appearance of the proposed dwelling buildings. Project Density The exact mix of detached and attached dwellings is not known and will be determined by the market. However the maximum number of dwellings that will be constructed shall be no more than 58 dwelling or about 8.5 dwellings per acre. Front, side and rear yard setbacks are depicted on Exhibit B and are designed to ensure a low density appearance for the project. For example all building will have combined side setbacks equal to ten feet or greater. Excluding stairs and decks all buildings will be set back at least twenty five feet from the street. The minimum Kenai River bluff setback, fifty feet will be adhered to. The site coverage ratio of building footprint to land area will not exceed 30%. Infrastructure The infrastructure for the CIOC, roads and access, water and septic and similar needs will all be provided on-site or within the adjacent Kenai Landing Site. Access from the public right of way (Cannery Road) is provided across Kenai Landing by existing developed roads that will be covered by a private easement for the access and benefit of the homeowners. The roads imemal to the CIOC will be built by the petitioner and ultimately owned and maintained by the Homeowners Association. Water will be provided by a community well and distribution system fed by the existing robust wells on Kenai Landing. Sewer will be provided by individual septic tanks that are connected to a community drain field. The community drain field is shown on the attached exhibit B, CIOC Plan. In the event an approved treatment plant is permitted and built on the Kenai Landing site the waste effluent will be piped to that system. Natural gas is on site and will be extended to the individual dwellings. Electric is also already onsite and will be provided to individual dwellings by Homer Electric Association. Access Access from Cannery Road to the project site will be provided by a private easement across the Kenai Landing Site. This easement, prepared attorney Kristine Schmidt is attached as Exhibit D. ~ Page 3 of 4 Application to Revise Conditional Use, Kenai Landing Review Criteria 1) This application is for the modification of an existing conditional use within the Industrial zone to allow a CIOC that will be a residential common interest ownership community. The CIOC use is consistent with the uses approved by the commission under the original conditional use permit which authorized commercial uses such as lodging, camper parks, restaurants and mercantile uses. The existing condition use and the modification thereof will continue the productive redevelopment of the former Wards Cove Cannery Site. Redevelopment and renovation of existing property is clearly consistent with purposes and intent of the zoning district. In this case that redevelopment will be enhanced by a use, (residential CIOC) that is less intensive and has less impact on the surrounding neighborhood than the traditional industrial uses. The CIOC will bring residents for year round and extended stay in the project acre thereby encouraging the use of the existing commercial and industrial activities on the Kenai Landing site and increase the assess valuation of both the project site and the adjacent Kenai Landing property. 2) The adjacent property is vacant and also zoned industrial. The likelihood of any industrial use being located on it is very low. In addition the property secondarily adjacent thereto is zoned residential. Therefor in all likelihood industrial uses would not be favored on the adjacent property. This residential CIOC will only enhance the adjacent property and create an ideal buffer between it and the commercial uses on the balance of the Kenai Landing property. 3) The proposed use is in harmony with the comprehensive plan because it initiates a land use pattem that will buffer the commercial uses on Kenai Landing from the adjacent property. It also serves the goals of the Comprehensive Plan by enhancing property values, increasing taxable assessed values and bringing employment and residents to the City of Kenai. 4) Public services are adequate to service this development due to the fact that no public services are in fact needed. All infrastructure to serve the CIOC is provided by the projects itself or the adjacent private owner Kenai Landing inc. 5) The proposed use as a residential CIOC is clearly not harmful to the public health safety or welfare. In fact the residential use of the property creates much less likli- hood of impact to the public health, safety and welfare than a competing industrial use would impose. Page 4 of 4 Application to Revise Conditional Use, Keani Landing Conclusion The Petitioner has submitted this application to modify an existing conditional use to allow for a Common Interest Ownership Community project. The CiOC project is a residential cluster home style development. The residential use clearly has less impact on the surrounding land and the community than an expanded industrial or commercial use. The residential use of the property will put in place a land use pattem that will act as a buffer between Kenai Landing and the adjacent property and residential property proximate to it. Most importantly, the residential use will expand the occupancy season for the adjacent Kanai Landing project furthering the public interest in the successful redevelopment of that historic site. Finally the creation of the residential CIOC will result in enhanced assessed valuation of the property and bring additional residents and their purchasing power to the City of Kenai. For these reasons and as further explained above we respectfully request the approval of the modification to the existing conditional use to allow a residential CIOC on the project site. t o z -~ !i I , :~_.L~.~. ?.,',~. .... i: il ·~,'~ / ,~ '~1 ; I I ..-, .... ~., · " "i // , \i " -. /; ~ ! I /~ '')-'/ ~1 I ' 1~ ~/'~/ II I · ~'~ // t~ I · · ~ !11 II ) ~ .' T~I ,i Pianning a Community ~ part ~f'a~ c~lc'lax'c ,~t:si~]~ilar ()lie such dcx.'clop~cnt is Qt.~ic't ~&t'cr o~ d~c River. J()c:atcd a short disc;into fi'ol~ tJ~c (.)rcgo~] coi~st. Flcre, arcllitects l¢~b Th.~llt:)~'~ ,t~td l.)ax,ict Edri~gto~ designed al~ c~wiro~nc~tallv sc~]sitix-u ct)~n~t~itv '32 vacatio~'~ retreats. [_~>t::ltc'd i~) a prcsc):vt, ci aider and baskctl>all coti)'ts.'l'l}e cabi)-~5 arc built ~)} l~Llr cltlst'.cr~ ot:cight. ~.'itl~ c'acl~ u~)it sl~ari~g a public ct->~~s wl,ilc ,:)t:w~]i]p.~ to private x'icx~'~ ot']),~ttirc ai]d thc Tiros all thc cal'>il~s h,lvc' a tlisti~}ct li'o~t :t~ld b;lck, witl~ [~Ollt pOI-ChCS (7)}~1'il1~tm socI;l] sp,tcC (.)1} []]C COIIlII'I()I'I5 a rea:r dcck ovcrlo~)ki~,, t]~e river. Thc cabin,s, x. vlncl~ arc si)~il~rl>' laid out. arc' all deep and Ilarrow, with tk"xx,' ,4dc. wi~clc>xv~ tbr privacv:'Flic livi~lg room is ope~ to risc ~ec'~.)~ld Iloc)r. wl~C.l-t' clcrcsto)'x' wln-- dow~ increase t.l~e light bclt:)w. XK<:i~,lt~xx.'-bax.'x i~ rl~t, livi~g THOUGH THE EXTERIOR IS EXPRESSED IN THE MAIN ROOM IS DEEP AND NARROW Il -'5'. '% il /.:._/_ i': :? EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community ~ Pg 1 of 6 EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community- Pg 2 of 6 THE COMMONS SPACE IS SHARED BY EIGHT CABINS, each with a l:,orch facing it. Children can play safely ~n this area as parents watch or a neighborly bocce ball game ensues, SHARING THE LAND _][ ike~ people in a condominium community, some cabin owners enjoy shared amenities. There are values in such a shared arrangement. In this case, shar- ing the expense makes waterside property more afford- able. Also, there are practi- cal, day-to-day considera- tions: Everybody knows what color gray stain they need, everybody shares a pool and :tennis courts, everybody IN A SHARED COMMUNITY, PEOPLE CAN DEVOTE MORE OF THEIR RETREAT TIME TO ACTUAL RETREATING. pays the same amount each month for maintenance and upkeep--and, therefore, everybody can devote more of his retreat time to actual retreating, rather than to mow- lng, painting, and roofing. and l:,Jtl~ing r~.,,~_~'ls :irc tti,:kcd t~l~dcr '['hc cl~r.~'tcr ,,f-thc cabin,s ,.'~]~c~; t~-,.~]-~ d~,>rs :.~]~d c:fl~i~ct:s ,:~]'c ~;~,-!c th~-~ fir c,~rlv An]crical~ c.~:~t~ii~s, these arc }~il~gc,t . THE KITCHEN, WITH ITS PLAIN OPEN SHELVING 1~,._~o~ ioists averhc~:~,'~i..~.. qe'~r~.~,, ~ ....... fuses It's tucked under the EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community- Pg 3 of 6 EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community ~ Pg 4 of 6 , Ya c h at~, C o m m o n s River ~'-R.': - - Cabin Parking N OLD-STYLE CASEMENT WINDOWS THAT SWING INWARD ti~. ',,vin. d ar'id !r, cJeme~t weather ~er' of th~ e~'~clave Here, a ~able ~s pus!~ed up EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community--- Pg 5 of 6 DiSTiNCT FRONT AND BACK FIRST FLOOR SECOND FLOOIi Window Up seat Ealing area porch""] -'~ · '"x'x ~ ~ Bath Kitchen 1' O' .-" Sitting area ,- , ~ Sleeping alcove o Down \ /. Bath' sleeping area Open to below IN THE UPSTAIRS BEDROOM LOFT ~ bed rests against the t,:neew~.~il A skylight drops, ligl~t int~) the !,i, ft between hi.s and her closets EXHIBIT "C" Application to Modify Conditional Use Permit Planning a Community-~ Pg 6 of 6 c~o~ t I I I I II II ! il ~ ~ iT i ~ ' · · III ~ I I I ' I : :lF----ql / \ II ' ~! 'Ill I/ III II / \ il III ~ !/ IIIIIit III11111 EASEMENT THIS EASEMENT instrument is made on _, by Grantor, KENAI LANDING, INC., an Alaska corporation, 2101 Bowpicker Lane, Kenai, Alaska 99611. RECITALS: A. Grantor, KENAI LANDING, INC., 2101 Bowpicker Lane, Kenai, Alaska 99611, is the owner of real property described as: Government Lot 9, Sec. 8, T5N Rl lW, S.M., Kenai Recording District, Third Judicial District, State of Alaska; and 'Government Lot 11, Sec. 17, T5N Rl lW, S.M., Kenai Recording District, Third Judicial District, State of Alaska; hereinafter referred to as the "servient estate;" B. Grantee, KENAI LANDING, INC., 2101 Bowpicker Lane, is the owner of real property described as: Government Lots 11 and 12, Sec. 17, T5N RllW, S.M., Kenai' Recording District, Third Judicial District, State of Alaska; hereinafter referred to as the "dominant estate;" C. Grantors desire to provide a private travel way over and through' Government Lot 9 to Government Lot 11, and over and through Government Lot 11, to Government Lot 12, .for the USe and benefit of the owners of Government Lots 11 and 12, and their successors and assigns. ,,,,ARTICLE I- DEFINITIONS Section 1. Dominant Estate. "Dominant Estate" means Government Lots 11 and 12, Sec. 17 ("Government Lot 11' and "Government Lot 12'), T5N RllW, S.M., Kenai Recording District, Third Judicial District, State of Alaska. Section Easement. "Easement" means this easement instrument. PAGE 1 - EXHIBIT "D" Application to Modify Conditional Use Permit Page 1 of 6 Section3. Easement Area. "Easement Areas" means those areas on Government Lots 9 and 11 subject to easements granted in this Easement, described in Article IV, below. ARTICLE I - DEFINITIONS, cont. Section 4. Grantee. "Grantee" means the owners of Government Lots 11 and 12, including the current owner, Kenai Landing, Inc., and its successors and assigns. Section5. Grantor. "Grantor" means Kenai Landing, Inc., owner of Government Lot 9, and its successor and assigns, no matter how Grantor's interest in the servient estate is conveyed or transferred to such successors or assigns. Section 6. Servient Estate. "Servient Estate" means Government Lot 9, Sec. 8 ("Government Lot 9"), 5N RllW, S.M., Kenai Recording District, Third Judicial District, State of Alaska; and Government Lot 11. ARTICLE II - GRANT OF EASEMENTS Kenai Landing, Inc., Grantor, for good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant to Grantee easements as described herein. ARTICLE III - CHARACTER OF EASEMENTS All easements granted in this Easement are non-exclusive, non-possessory, ingress and egress easements, for the benefit of, and appurtenant to, the dominant estate. ARTICLE IV- DESCRIPTION OF EASEMENTS Section 1. Ingress and Egress Easement-.Government Lot 9. The easement granted in this section is for ingress and egress; specifically, for the owners of Lots 11 and 12, the right to travel over Government Lot 9, from the western boundary of Government Lot 9, to the northern boundary of Government Lot 11, along the existing traveled way over Government Lot 9, for the purpose of access to Government Lot 11. The approximate location of this existing traveled way is shown on Exhibit A, attached hereto and incorporated herein by reference. Section 2. Ingress and Egress Easement- Government Lot 11. The easement granted in this section is for ingress and egress; specifically, for the owner(s) of Lot 12, the right to travel over Government Lot 11, from the northern boundary of Government Lot 11, to the eastern boundary of Government Lot 12, along the existing traveled way over Government Lot 11, for the purpose of access to Government Lot 12. The PAGE 2- EASEMENT EXHIBIT "D" Application to Modify Conditional Use Permit Access Easement Page 2 of 6 approximate location of this existing traveled way is shown on Exhibit A, attached hereto and incorporated herein by reference. ARTICLE IV- DESCRIPTION OF EASEMENTS Section 3. _Right to Relocate, Easement. Grantor reserves the right to relocate the easements described in Article IV(l) and (2), above, including the right to establish the exact physical location and dimensions of such relocated easements; as long as such relocation does not substantially interfere with the purpose of those easements, of providing access to Government Lots 11 and 12 over Government Lots 9 and 11. Grantor and Grantee agree to amend the easement to reflect the new legal description of the Easement' Area, if the easement is relocated. ARTICLE V- CONDITIONS AND RESTRICTIONS Sectionl. Grantor's Reservation. of Rights. fully use and enjoy the Easement Area. Grantor reserves the right to Section2. No. Delegation .of Use. Grantee(s) may not assign, delegate, sever or separately convey, lease or rent Grantee's rights of ingress and egress in the Easement Areas described in Article IV. Section 3. Seasonal Use. The easements described in Article IV are for seasonal use; the "season'' being defined as May 1 to September 30 of each year. Section 4. Signs. No signs of any kind shall be placed in the Easement Area without the prior written permission of the Grantor. Section 5. Right to Improve Easement. Grantor reserve the exclusive right to make improvements in or to the Easement Area; including the right to construct a new road or make improvments to the existing traveled way within the Easement Area; as long as such improvements do not substantially interfere with the purpose of those easements, of providing access to Government Lots 11 and 12 over Government Lots 9 and 11. No roads or other improvements, shall be placed in or on the Easement Area without the prior written permission of Grantor. Grantor shall provide an alternate route or detour over Lots 9 or 11, as the case may be, during such constmc~on activity, if necessary. Section 6. Maintenance and Repay. A. Grantor is responsible to perform regular maintenance and repair of the Easement Area, such that it is usable by Grantees for ingress and egress to Government Lots 11 and 12. No maintenance or repair work, of any kind, may be performed on Government Lot 9, or on the Easement Area on Goverment Lot 11, without the prior written permission of Grantor. PAGE 3- EASEMENT EXHIBIT "D" Application to Modify Conditional Use Permit Access Easement Page 3 of 6 B. If the Grantor does not perform maintenance and repair of the the Easement Area, such that the Easement Area becomes unusable for ingress and egress to Government Lots 11 and 12, then Grantee(s), after making written demand, and providing Grantor with a reasonable opportunity to cure, may undertake maintenance and repair of the Easement Area necessary to make the Easement Area usable for ingress and egress to Government Lots 11 and 12. ARTICLE V- CONDITIONS AND RESTRICTIONS, Sec. 6, cont. C. Grantor and Grantee shall each share equally in the cost of maintenance and repair of the Easement Area. Grantee's share of costs shall be due and payable on demand by Grantor, plus interest at the legal rate from the date of demand. If Grantee fails to pay such costs, and interest, within the time period established by Grantor, then Grantor may, in addition to its remedies at law, bar the defaulting Grantee from using any of the easements described in Article IV, until such costs and interest are paid in full. Section 7. Invitees. Grantee's invitees may use the Easement Area for the purpose of ingress and egress to Government Lots 11 and 12. ARTICLE VI- MODIFICATION AND AMENDMENT Section 1. In Genera. This Easement may be modified or amended by a written instrument signed by Grantor, and Grantee(s). Any modifications or amendments to this Easement shall be made effective by executing and recording a written instrument signed by Grantor and Grantee(s). Amendments are effective as of the last date of execution of the amendment. Section2. Change of Legal Description. In the event that either the dominant or servient estate is subdivided, or the legal description of either estate is changed, this easement may be unilaterally amended by Grantor (if the servient estate is subdivided or legal description is changed) or Grantee (if the dominant estate is subdivided or legal description is changed) to reflect the change in legal description caused by the subdivision or other change in legal description. Any such amendment shall provide for the easement to encumber the smallest portion of land possible in the circumstances, unless both parties agree otherwise in writing, ARTICLE VII - GENERAL PROVISIONS Section 1.. Binding Effect. By accepting title to Government Lots 11 or 12, or any portion of those properties, Grantee's successors and assigns are bound by, charged with knowledge of, and agree to comply with, this Easement. By accepting title to the PAGE 4- EASEMENT EXHIBIT "D" Application to Modify Conditional Use Permit Access Easement Page 4 of 6 Servient Estate, Grantor's successors and assigns are bound by, charged with knowledge of, and agree to comply with, this Easement. Section 2. Notices. Any notice, statement or demand provided for in, or concerning this Easement, shall be in writing, and sent by regular, certified or registered mail to each party at the addresses indicated in this agreement, or at the party's current address, or address of record with the Kenai Peninsula Borough assessment roll. Each party has the obligation to notify the other party in writing of any change of address. ARTICLE VII - GENERAL PROVISIONS, cont. Section 3. Dispute Resolution. In the event of a dispute between the Grantor and Grantee over the terms and conditions of this Easement, the parties shall first attempt to resolve the matter in dispute by mediation that shall be in accordance with the Mediation Rules of the American Arbitration Association currently in effect, or other rules agreed to bY the disputing parties. A demand for mediation under this section shall be submitted in writing by any disputing party to the other disputing party. No lawsuit may be brought for a period of at least 60 days from the date of submission of the demand. The disputing parties shall share mediation fees equally. The mediation shall be held in the Kenai Venue District. Agreements reached in the mediation are enforceable as settlement agreements in any court having iurisdiction thereof. In the event the dispute cannot be settled through mediation, and the dispute is litigated, then the prevailing party shall be entitled to its reasonable actual attorney fees and actual costs of litigation. Section 4. Incorporation of Exhibits. All exhibits referred to are attached to this Easement and incorporated herein by reference. GRANTOR DATED' STATE OF ALASKA THIRD JUDICIAL DISTRICT KENAI LANDING, INC. BY: STEPHEN M. AGNI ITS: President SS. PAGE 5 - EASEMENT EXHIBIT "D" Application to Modify Conditional Use Permit Access Easement Page 5 of 6 THE FOREGOING INSTRUMENT was acknowledged before me this day of .. , 2004, by STEPHEN M. AGNI, P'resident, KENAILANDING, INC., an AlaSka corporation, on behalf of the corporation. Notary Public for the State of Alaska My Commission Expires:. RECORD IN: Kenai Recording District AFTER RECORDING RETURN TO: KRISTINE A. SCHMIDT, Attorney at Law 110 So. Willow St., Ste. 101, Kenai, Alaska 99611 PAGE 6- EASEMENT EXHIBIT "D" Application to Modify Conditional Use Permit Access Easement Page 6 of 6 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/FAX: 907-283-3014 MEMO: FROM' Planning & Zoning Commission Marilyn Kebschull, Planning Administrator DATE' January 3, 2005 SUBJECT' Home Occupation Permits- Daycares There are currently 29 active daycares in the City. Of those, 13 are for relative care only. Does the Commission want to recommend an amendment to KMC 14.20.230 to provide an exemption for relative daycares? AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 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) 1. Introduction -- Kenai Police Department, Officer Jim Johnson ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION/~ VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS Ordinance No. 2074-2004 -- Increasing Estimated Revenues and Appropriations by $548.79 in the Police Department for the City's Share of a Drug Enforcement Administration Forfeiture. Resolution No. 2004-60 -- Adopting the City of Kenai, Alaska 2005- 2006 Capital Improvement Project (CIP) Priority List for Requesting State of Alaska Legislative Appropriations. ITEM G: MINUTES , *Regular Meeting of December 1, 2004. *Work Session Notes of December 6, 2004. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS . Bills to be Pa/d, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2075-2004 -- Decreasing Estimated Revenues and Appropriations by $16,896 in Three Senior Citizen Funds. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Denial of PZ04-49, a Conditional Use Permit for a Recreational Vehicle Park for the Property Known as KN T05N R11W S 17 South 460 FT of the S1/2 SE1/4 SWl/4 lying North of the Northerly Right-of-Way of Kalifomsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application Submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. ITEM J: 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 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JANUARY 5, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / / ~-ww.ci. kenai.ak, us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent A§enda *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 a§enda and considered in its normal sequence on the a§enda 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 ASSEMBLYt LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION/k VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS Ordinance No. 2075-2004 -- Decreasin§ Estimated Revenues and Appropriations by $16,896 in Three Senior Citizen Funds. Resolution No. 2005-1 -- Transfemn§ $11,300 in the General Fund to Pay Utilities at the Alaska Regional Aircraft Firefi§htin§ Facility for the Arctic Winter Games. Resolution No. 2005-2 -- Supporting Legislation to Extend the Provisions of HB242 Rehired Retiree - Employment Waiver. ITEM G: MINUTES . *Regular Meeting of December 15, 2005. *December 15, 2004 Work Session Notes. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2076-2005 -- Increasing Estimated Revenues and Appropriations by $150,892 in the Senior Center Kitchen Capital Project Fund. , *Ordinance No. 2077-2005 -- Increasin§ Estimated Revenues and Appropriations by $36,000 in the General Fund to Replace Radio Communication Equipment. 2'~5~. ~/~ Approval-- Kenai City Council Student Representative Policy. Approval-- Commission/Committee Term Renewals. Approval -- City Tidelands - ADL 37765, ATS 770, Cherrier and King to Port of Kenai, LLC. a. Assignment of Lease b. Security Assignment of Lease ~.~ 'z~iscussion -- Kenai Peninsula Borough Ordinance No. 2004-36, Amending KPB /'~/~ 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000. , Discussion -- Street Improvement List ITEM J: 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 /06 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. December 13, 2004 Tentative Agenda MEMBERS: Tom Clark Anchor Point/N inilchik Term Expires 2007 Lynn Hohi Seward City Term Expires 2005 Bill Hutchinson Ridgeway Term Expires 2007 Jim Isham Sterling Term EXPires 2006 Ray Tauriainen Northwest Borough Term Expires 2005 ALTERNATES: Phil Bryson Kenai City Term Expires 2007 Brent Johnson KasilofiClam Gulch Term Expires 2006 A. B. C. D. CALL TO ORDER ROLL CALL APPROVAL Of AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda . Member/Alternate Excused Absences 3. Minutes a. November 22, 2004 SUBDIVISION PLAT PUBLIC HEARINGS . Central Peninsula General Hospital Subdivision KPB 2004-069 [Segesser/KPB] Location: City of Soldotna . · Pease Subdivision Vinings Waterman Addition KPB 2004-291 [Imhoff/Vining] Location: East of Homer on Waterman Rd. K-Bay APC . Alaska Tideland Survey No 1648 KPB 2004-301 [integrity/N Pacific Pmcessors/SOA] Location' Mouth of Kasilof River . Swanson Alaska Subd. Waggoner/Powell Replat KPB 2004-305 [! nteg rity/Wag goner] Location' West of Kenai Spur Hwy in Nikiski o Birch Glen Estates Schreiner Replat KPB 2004-313 [Integrity/Schreiner] Eo . Location' On Miller Loop Road in Nikiski Lookout Mountain Park 2004 Replat KPB 2OO4-3O3 [Seabrig ht/Fowler/Northup/Kelley] Location' Ohlson Mountain Road in Homer K-Bay ^PC = Baycrest Trails Subdivision (Revised Preliminary) KPB 1999-120 [Seabright/Fowler] Location: North of Diamond Creek in Homer K-Bay APC Si Salamatof Air Park Luy Second Addition KPB 2OO4-3O6 [Swan/Ulrike Kollmer-Luy] Location' North of Salamatof Lake in Nikiski = Rozak Stadski Creek SUbdivision No 2 KPB 2oO4-3O7 [Johnson/Rozak] Location: West of Sterling Hwy in Anchor Point Anchor Point APC 10. 11. Rabbit Run Subdivision Vaisvil Addition KPB 2004-309 [JohnsonNaisvil] Location' South of Funny River Road on Rabbit Run Rd. Blough SubdiviSion KPB 2004-310 [J o h n son/B Iough ] Location' East of Sterling. Hwy in Ninilchik 12. Greenwood Heights Subd 1978 Addn. Greer Replat KPB 2004-311 [Ability/Greer]. Location' North of East End Road in HOmer K-Bay APC 13. Section Line Easement Vacation Plat Tower Hill Subd. Pillars Addition KPB 2004-312 [McLane/McLane/Presley] Location: West of Kenai Spur Hwy in Soldotna MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED F. PUBLIC COMMENT G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING NEW MEETING LOCATION!! The next regularly scheduled Plat Committee meeting will be held January 10, 2005 at the Kenai River Center, located at 514 Funny River Road, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: t°ll free within the Borough 1-800-478-4441, extension 2200 '- Fax: 907-262-8618 e-mail address: planning@borou.qh.kenai.ak, us web site:, www. borough,kenai.ak, us/planningdept 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 Marl 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 Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A~ a. C. KENAI PENINSULA BOROUGH PLANNING COMMIS ASSEMBLY CHAMBERS BOROUGH ADMINISTF~TION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA December 13, 2004 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will, be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please' advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. '1. Time Extension Requests ao Bowers Subdivision Kachemak View Addition No 2 KPB File 2003-237[Imhoff/Caffee-DeLapp] Location: City of Homer b. Denise Lake Subdivision Part Four KPB File 1976-099 [McLane/Friendshuh's] Location: Denise Lake and Mackey Lake Road do Tice-Henrikson No. 2 KPB File 2003-265 [Imhoff/Henrikson] Location: City of Homer Alaska State Land Survey No. 2003-2 KPB File 2003-269; Mullikin/KPB Location: North of Kenai Lake in Cooper Landing Cooper Landing Advisory Planning Commission *2. Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) Plat Amendment Request- None *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. CommisSioner Excused Absences Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Ta'udainen PC Member · NOrthwest Borough Term Expires 2005. Max J. Best Planning Director Dale Bagley Borough Mayor D. E. F. *7. Minutes a. November 22, 2004 Plat cOmmittee Minutes ~' b. November 22, 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.) 1. Election of Officers . LaRoche & Associates KPB Coastal Management Plan Amendment Update UNFINISHED BUSINESS - None PUBLIC HEARINGS Vacate a portion of Strawberry Street, dedicated by Pease Subdivision (Plat HM 75-53); within Section 1, Township 6 South, Range 13 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough KPB File 2004-292 Note' Per petition, an alternate 60' ROW is proposed to be dedicated over existing road, Petitioners: Claude V and Carole L Vining of Anchorage, Alaska; Location: East of Homer on Waterman Road . ,, Vacate a portion of a 40' Public Use Easement adjacent to Lots 3 and 16 Block 1, dedicated by Sumpter Subdivision (Plat KN 525); within Sections 13, Township 5 North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2004-288; Petitioner: Nance M Lupton of Sterling, Alaska; Location: South of Sterling Hwy in Sterling Vacate a portion of Nada Court, a pedestrian easement and associated utility easements dedicated by Lookout Mountain Park Amended (Plat HM 2001- 37); within Section 35, Township 5 South, Range 13 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough; KPB. File 2004-304 Note: An alternate ROW and 20' pedestrian easement are proposed to be dedicated in a more suitable location. Petitioners: John Fowler of Anchorage, David Northup & Allison Kelley of Homer, Alaska; Location: East of Ohison Mountain Road in Homer . Vacate William C. Morrison Court a 60-foot right-of-way and associated utility easements dedicated by Towle Subdivision No 3 Oslo Addition (Plat SW 86-18); within Section 28 and 33, Township 5 North, Range 3 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-294 Note: This vacation was approved by PC August 14, 2000 but was never finalized, requiring a new petition and new hearing. Petitioners: Ludwig C. Osowiecki, Karl and Cynthia Romig & Kenai Lake Baptist Church of Cooper Landing, Alaska; Location: Cooper Landing area . Vacate a portion of Silver Salmon Drive, dedicated by Moose River Estates Subdivision (Plat KN 74-98); within Sections 13, Township 5 . North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2004-237; Petitioner: Gary G Tanghe of Anchorage, Alaska; Location' Off Silver Salmon Drive in Sterling Public notice is hereby given that a public hearing will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing project within the Kenai Peninsula Borough. Renaming right-of-ways that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient .timely manner, thereby avoiding delays in providing necessary emergency services. Streets proposed to be renamed follow: a. A Avenue within U.S. Survey 1485, Map of Hope Townsite Alaska (SW 12), Section 33, T1N, R2W, S.M.,AK; Location: Hope; ESN 701; mason for change' duplicate name b. B Avenue within U.S. Survey 1485 Hope Townsite (SW 12), Section 33, T1N, R2W, S.M., AK; Location: Hope, ESN 701; reason for change: duplicate name C. d. C Avenue within U.S. Survey 1485 Hope Townsite (SW 12), Section 33, T1N, R2W, S.M., AK; Location' Hope; ESN 701; reason for change: duplicate name D Avenue within U.S. Survey 1485 Hope Townsite (SW 12), Section 33, T1N, R2W, S.M., AK; Location' Hope; ESN 701; reason for change: duplicate name e. E Avenue within U.S. Survey 1485 Hope Townsite (SW 12), Section 33, T1N, R2W, S.M., AK; Location: Hope; ESN 701; reason for Change: duplicate name A Street within U.S. Survey No. 2676 (SW 14), Moose Pass Townsite Alaska, Sections 25 and 36 T5N, R1W, S.M., AK; Location' Moose Pass; ESN 601; reason for change' duplicate name g. B Street within U.S. Survey 2676 Moose Pass Townsite Alaska (STM 14), Section 25, T5N, R1W, S.M., AK; Location' Moose Pass; ESN 601; reason for change: duplicate name h. C Street within U.S. Survey 2676 (SW 14), Section 36, T5N, RlW, S.M., AK; Location: Moose Pass; ESN 601; reason for change: duplicate name D Street within U.S. Survey 2676 (SW 14), Section 36, T5N, R1W, S.M., AK; Location: Moose Pass; ESN 601; mason for change: duplicate name Hill Street within Seldovia Townsite (USS 1771) Section 32, T8S, R14W, S.M., AK; Location: Location: City of Seldovia, off Alder Street; ESN 826; mason for change: duplicate name; public hearing carried forward from November 8, 2004 G, H. J. K. L. M= N. O. P, Q. . = . . k. Hilltop Court within Clam Gulch Heights (KN 81-135), Section 28, T2N, R12W, S.M., AK; Location: Location: Clam Gulch area; ESN 302 (formerly ESN 303); reason for change: duplicate name; carried forward from November 8, 2004 ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING . Vacate the 20-foot utility easement between Lots 2 & 3 of Birch Glen Estates (Plat KN 83-219), within Section 35, Township 7 North, Range 12 West, SeWard Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-3'14 . Vacate only that portion of a 1 O-foot utility easement to accommodate an encroaching structure on the Northern boundary of Lot 11, Block 2, Kaknu Korners Subdivision (Plat KN 1146), within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File 2004-315 SPECIAL CONSIDERATIONS SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 1'3 plats. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS . New Plat Committee. Elect 5 members plus two alternates. New members will serve January, February, March 2005 ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Resolution SN 2004-15: Renaming certain Public Rights-of-Way within Section 23, T5N, R9W; Sections 29 and 30,, T5N, RllW; S.M, Alaska within Emergency Service Number (ESN) 302; Section 14, T5S, R14W; S.M, Alaska Within Emergency Service Number (ESN) 401. Homer Advisory Planning Commission Minutes- November 17, 2004. Anchor Point Advisory Planning Commission Agenda- December 7, 2004. The Touchstone Newsletter- November 2004. . Comprehensive Plan Work Session Documents. PLANNING COMMISSION COMPREHENSIVE PLAN WORK SESSION Monday, December 13 - 5:30 p.m. Borough Administration Building Conference Rooms A & B 144 North Binkley, Soldotna, Alaska. FUTURE PLANNING COMMISSION MEETING NEW MEETING LOCATION!! The next regularly scheduled Planning Commission meeting will be held January 10, 2005 at the Kenai River Center, located at 514 Funny River Road, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Cooper Landing Cooper Landing Community Hall January 12, 2005 7:30 p.m. Anchor Point Anchor' River Inn January 4, 2005 7:00 p.m. January 18, 2005 7:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please vedfy the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on 'each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAi PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannin.q@borou.qh.kenai.ak, us web site: www. bomugh.kenai.ak, us/planningdept KENAI PENINSULA BOROUGH PLAT COMMITTEE KENAi RIVER CENTER 514 FUNNY RIVER ROAD SOLDOTNA, ALASKA 5:30 p.m. January 10, 2005 Tentative Agenda MEMBERS: Rick Foster Homer City Term Expires 2007 Mari Anne Gross Southwest Borough Term Expires 2005 Lynn Hohl Seward City Term Expires 2005 Blair Martin Kalifomsky Beach Term Expires 2006 Ray Tauriainen Northwest. Borough Term Expires 2005 ALTERNATES ,, , William Hutchinson Ridgeway Term Expires 2007 Todd Petersen East Peninsula Term Expires 2007 A.· S. Co D. CALL TO ORDER 1. ELECTION' OF OFFICERS ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Rick Foster, Homer City 3. Minutes ao December 13, 2004 SUBDIVISION PLAT PUBLIC HEARINGS . Longmere Lake Ridge Richesin Replat KPB 2005-001 [Integ rity/Richesin] Location: East on Longmere Lake 2~ Gray Cliff Subdivision BWP Replat KPB 2005-010 [lntegrity/Bookout] Location' North of Nikiski Dykema Subdivision KPB 2005-011 [Integrity/Alyea] Location: South of Longmere Lake m Tyonek Teacher Housing Subdivision KPB 2005-012 [Integrity/Native Village of Tyonek] Location: Across Inlet Tyonek 11 J 7~ ,, 10. 11. 12. 13. 14. 15. Soldotna Junction Lancaster 2nd Addition KPB 2005-013 [Integrity/Lancaster] Location: City of Soidotna Vista View Estates KPB 1995-073 [Integrity/Hall] Location: City of Soldotna BWP Subdivision KPB 2005-015 [lntegrity/Bookout] Location' Off Wik Road in Nikiski Strawberry Acres Subdivision Reese Replat KPB 2005-016 [lntegrity/Reese] Location: Off Frogberry Street in Kenai Aim Subdivision No 2 KPB 2005-005 [Imhoff/AIm/Taylor] Location: City of Homer Puffin Acres No 4 KPB 2005-006 [Imhoff/Calkins/Blaine] Location: City of Homer Bluff Park No 6 KPB 2005-007 [imhoff/Porter] Location' City of Homer Mutch-Gangl 2004 Addition KPB 2005-008 [imhoff/Mutch] Location: City of Homer BayView Gardens Raspberry Court Vacation No 2 KPB 2005-014 [Ability/Bergt/Cloud/Sitenga/Evans] Location: City of Homer Alaska State Land Survey No. 2004-25 KPB 2005-017 [WhitfOrd/Alaska State DNR] Location: City of Kenai McNeil Point 2005 Addition KPB 2005-018 [Freeman/Feraudo] Location: East of East End Rd. K-Bay APC t6. BLP Subdivision KPB 2005-019 [McLane/Beaver Loop Partnership] Location: City of Kenai 17. Forsi Subdivision Fay Addition KPB 2005-020 [McLane/Fay] Location: City of Soldotna E. 1'8. Mullen Homestead Subdivision Addn. No. 4 ,~ Revised Preliminary KPB 2004-183 [McLane/Mullen/Barcia/McDowell/City Soldotna] Location: City of Soldotna MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED F. PUBLIC COMMENT G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held January 24, 2005 in the Assembly Chambers, 'Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannin~_borough.kenai.ak, us web site: www. borou.qh.kenai.ak, uS/plannin.qdept KENA! PENINSULA BOROUGH PLANNING COMMISSION KENA! RIVER CENTER 514 FUNNY RIVER ROAD SOLDOTNA, ALASKA January 10, 2005 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice. Chairman Anchor Point/Ninilchik Term Expires 2007 Dick Troeger Parliamentarian Soldotna City Term Expires 2005 Dr. Rick Foster PC Member Homer City Term ExPires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires-2007 James lsham PC Member Sterling Term Expires 2006 Brent Johnson PC Member KaSilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seidovia Term Expires 2006 A. B, *7. CALL TO ORDER ROLL CALL APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. '1. Time Extension Requests a. Snug Harbor Homesites Post Office Replat KPB File 2000-002; [Integdty/Kasulka] Location: Cooper Landing Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) Plat Amendment Request a. W.R. Bell Subdivision Wildflower Ranch Addition KPB File 2004-13; [Seabright/Olson] Location: City of Homer *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews Commissioner Excused AbSences a. Rick Foster, Homer City Minutes a. December 13, 2004 Plat Committee Minutes b~ December 13, 2004 Planning Commission Minutes Todd Petersen PC Member East peninsula Term ExPires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2005 Max J. Best Planning Director Dale Bagley Borough Mayor D. E. F. G. H. Jo Ko L. a. No Oo P. Q. 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 PUBLIC HEARINGS Ordinance 2005-02; An Ordinance amending KPB 2.56.040 to incorporate the goals of the City of Soldotna Action Plan into the 1995 .Soldotna Comprehensive Plan. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING , Vacate the 10-foot utility easement centered on the line common to Lots 14 and 15 Block One Longmere Lake Ridge Subdivision Part 4(Plat KN 2002- 27), within Section 20, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-002 . Vacate the 5-foot by 40-foot utility easement adjacent to North Fork Road within Tract 3 Nikolaevsk Junction Subdivision (Plat HM 92-44), within Section 26, Township 4 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-004 SPECIAL CONSIDERATIONS . Tract 3 Nikolaevsk Junction / Bldg. Setback Exception KPB File 2005-003 Resolution No. 2005-01 Petitioners: Dan and Susan Hecks Location: Off North Fork Road in Anchor Point . October 25, 2004 Plat Committee Denial of Conditional Preliminary Approval Holiday Park Subdivision No 2 . - KPB File 2004-273 [Johnson/Hoback/Kenai River Air Park LLC] Location: North of Funny River Road SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 18 plats. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHEPJNEW BUSINESS ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . Resolution SN 2005-01: Renaming certain Public Rights-of-Way within Sections 25 and 36, T5N, RIW; S.M, Alaska within Emergency Service Number (ESN) 601; Section 32, T8S, R14W; S,M, Alaska Within Emergency Service Number (ESN) 826; Section 28, T2N, R12W, S.M., AK Within Emergency Service Number (ESN) 302. . . Homer Advisory Planning Commission Minutes.- December 15, 2004. The Touchstone Newsletter- December 2004. . City of Seward Planning Commission Minutes - - November 4, 2004 & December 7, 2004 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held January 24, 2005 in the Assembly Chambers, .Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 'P.m. ADVISORY PLANNING COMMISSION MEETINGS Adviso~ Commission Meeting Location ! Date Time Cooper Landing CooPer Landing Community HallI January 12, 2005 7:30 p.m. ' Anchor Point Anchor River Inn January 18, 2005 7:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please vedfy the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plan.nin~@bomu~h.kenai.ak, us web site: www. borough.kenai.ak, us/plannin.qdept CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMO: TO' Planning & Zoning Commission FROM' Marilyn Kebschull, Planning Administratio DATE' January 4, 2005 SUBJECT: Annual Reports- Extraction of Natural Resources There are currently seven active gravel pits operating in the City under Conditional Use Permits. The operators have submitted yearly reports as required by code. The following is a brief report of the operations: o Chester Cone operates under grandfather stares. He has several parcels included in his extraction operation. Mr. Cone reported approximately 5,257 cubic yards of material was extracted from this site this past year. Under the grandfather status, Mr. Cone must extract resources in compliance with current code requirements. The report notes approximately 20 to 25 percent reclamation has occurred. Mr. Cone advised that S&R Enterprises continues to lease the pit. The lease does not require a transfer of the Conditional Use Permit. ge Foster Construction holds permits to excavate from two areas. The oldest gravel pit is located off Beaver Loop Road in the Angler Acres area. This pit was purchased from Mr. Cone. Approximately 600 cubic yards was excavated from the site in 2004. The report estimates approximately 75 percent of the reclamation as complete. The second pit permit that Foster Construction operates is located off Beaver Loop Road between the Krogseng and Doyle pits. The report for this pit notes approximately 1,300 cubic yards of material excavated this year. The report notes there was no expansion of the pit area. The report estimates 45 to 50 percent of the reclamation as complete. Gravel Pit Yearly Reports January 4, 2004 Page 2 ge Pat Doyle, Beaver Loop Sand & Gravel, operates off Beaver Loop Road next to Foster Construction. This pit is operated under grandfather stares. The report for this year notes approximately 2,513 cubic yards of material was excavated from this site. The report notes that approximately 50 percent of the project has been reclaimed and describes that overburden was spread and will be seeded in the spring. 4. Daniel Krogseng, AA Dan's Construction operates off Beaver Loop Road next to Foster Construction. Mr. Krogseng reported approximately 10,000 cubic yards of material was extracted this last year. No reclamation was completed. 5~ Zubeck, Inc. operates from two parcels located in Hollier Subdivision. The pits are behind Cone's property. Brad Zubeck, Vice-President, reported there was approximately 750 cubic yards of gravel and topsoil removed from the site this season. In addition, approximately 120 cubic yards of clean fill materials were placed at the site. No reclamation activities took place this year. This site is operated under grandfather stares. o Michael Pelch operates a pit located off Beaver Loop Road across from the Foster's Angler Acres pit. Mr. Pelch reported no activity at this site this year. Mr. Pelch was reminded that under KMC 14.20.157 if the pit is not operated for a period of three (3) years, the administrative official may revoke the conditional use permit. The report describes approximately 5 percent of reclamation completed by removing small islands and working on the slopes on the side of the pond. E E eoue~e,,,t #~'~ect e~O ~euo!.~Puo0 ueld ~!uu'~ecl uogednaoo eU~oH '~ ! U'ue d ,~ ue~ tlO eo.~o u.~ ~u~'~ecl esr) leuo!. #,OUoo E ~- {3. CD O ~'30 8 ~§~ E ~ e~~ P P 9 o o o o o o 9 E 0 0 8 o. 8 0 0 8 0 0 0 o t~ Zl~ -r-o zz (D 0 >-..~ U.I o o o o o o > E o LL o bi. (/) · o ~-. (3') ~-- ,,q. o o o o o o o o o o cc) o o o o o o o o o o o o o o o a3 o) o o o o o o o .,- ,-- ~-- o c o *lc) o o .o_ ~ ._ -oE o ~) on 0 0 0 0 ..J > m'r" c~ n, ~ (~ ~-. (~ .~_ ._o c O. C) O. O. 0 0 o o o o o o o o o o o o o o o. o. o. o. o. o. q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r-.:. -- o o o ~ .- ~. -, ~ ~. o 0 0 0 0 ~ 0 ~ 0 0 Z Z Z 0 0 0 0 0 0 Z 0 0 0 0 0 --- 0 0 0 0 0 0 0 -"-, 0 -- __ -- 0 O 0 Z 0 0 0 .Z Z 0 0 Z Z Z Z 0 0 0 0 0 ,,,.,,,, ('"-,I ~ 0 0 0 ..... ('"1 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ .--. o o o., 00 o ~ ..- o o,, o o .--. ..-. c~ ,,~ ~ o o o .-- o o c~ ,~ .- o o r-,- .- E E E E E E E ~ E 0 0 0 0 Z 0 0 0 Z 0 0 0 0 0 0 0 0 U 0 I-- '0 Marilyn Kebschull From- Charlie & Trudy Jones [gobigblue@gci.net] Sent: 08 December, 2004 9:46 PM To: Jay Barrett; Amen, Nelson P.; jhammelman@unocal.com; jtwait@gci.net; Marilyn Kebschull; Iridgebb@ptialaska.net Subject: RV petition Council members: Thank you for your patience in public testimony. Thank you for denying the petition for an RV park in VIP neighborhOod. Charlie, Trudy, Miles, Connor and Savannah 12/09/2004 Marilyn Kebschull From' buckbraun [buckbraun@alaska.com] Sent: 09 December, 2004 12:11 PM To: Marilyn Kebschull Subject: RV park in vip to MR. CARL GLICK. you folks did real good at the meeting last night, it sure is good to live in kenai with a fine administration and well qualified people looking out for the welfare of the good quality of life--thanks and I know you will have a fine Christmas 12/09/2004 /;Lb STAFF REPORT To: Planning & Zoning Commission - File Date: December 20, 2004 Res: PZ04-51 GENERAL INFORMATION Applicant: Everts Air Fuel, Inc. P.O. Box 60908 Fairbanks, AK 99706 907-450-2375 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Landscape Site Plan - Everts Air Fuel, Inc. Lot 5, F.B.O. Subdivision, No. 8 534 N. Willow Street Conservation Vacant Airport Industrial General Information: KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai. Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements. Everetts Air Fuel submitted a preliminary plan so they can begin clearing the site for proposed construction in the spring of 2005. The preliminary plan shows locations of the proposed hangar facility, parking, landscaping, and snow storage. Drainage shown should be sufficient. It is understood that when construction plans are finalized in Spring 2005, that the plan may be modified. City En.qineer: Not available to comment. Building Official: Building code requires a minimum of 30-feet from lot line for hangar facilities. Parking shown is sufficient. RECOMMENDATIONS The plan, as submitted, meets the requirements of KMC 14.25.030. No dumpster is shown on the drawing; however, any dumpster located on site must be screened. 0451 Comment. doc Page 2 ATTACHMENTS' 1. Resolution No. PZ04-51 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-51 LANDSCAPE/SITE PLAN PERMIT A RESOLUTION OF THE PLANN1NG AND ZONING ADMINISTRATION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING- SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was: · Received by: Marilyn Kebschull, City Planner · Submitted by' Everetts Air Fuel Submitted for: Property Address: Legal Description' Parcel No.: Everetts Air Fuel 535 N. Willow Street Lot 5, FBO Subdivision NO. 8 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN IS APPROVED. Rev~ed/fnd approved: Date: CITY OF KENAI BOARD OF ADJUSTMENT IN THE MATTER OF THE APPEAL OF F. DEWAYNE AND DIANE E. CRAIG REGARDING DENIAL OF SIDE YARD ENCROACHMENT Case No. BA-04-2 Io BACKGROUND AND PROCEDURAL HISTORY On September 22, 2004, F. DeWayne and Diane E. Craig applied for an encroachment permit for property located at 406 S. Forest Drive. The property is a six-unit, multi-family building and is located in the Suburban Residential (RS) Zone. The building was constructed in 1982. The building permit notes that the side yard setback should be 15 feet. Mr. Craig testified he knew the building setback for the side yard was 15 feet, but then-Building Inspector Howard Hackney authorized placement of the building within the setback area. The application requested encroachment permits for both the side and rear yard setbacks. The side yard is to the south of the building and the rear yard is on the west side of the building. The Kenai Municipal Code defines rear yard as the "yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building and the rear lot line." KMC 14.20.320. Side yard is defined as the "yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building." KMC 14.20.320. In the RS Zone, the rear setback requirement is 20 feet and the side yard setback is 15 feet. The rear setback encroachment is 2.2 feet and the side yard encroachment is 9.9 feet on APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 1 of 10 part of the building. An as-built diagram of the building showing the encroachments is attached to this decision as Attachment A. On October 13, 2004, a public hearing was held on the request by the Kenai Planning & Zoning Commission. The Commission split the application into separate issues for the side yard and rear yard setbacks. DeWayne Craig testified at the hearing. Additionally, his attorney Mark Osterman appeared and spoke on the applicant's behalf. Charles Bailey, an adjoining property owner to the rear yard of the property, also spoke. The encroachment permit requested for the rear yard setback was approved by the Commission with two conditions. The first was that an updated as-built be submitted to ensure there are no additional encroachments from new construction. The second was that the permit would not be issued until the referenced as-built was submitted. The permit has not been issued because the first condition has not been met. The Planning and Zoning Commission's decision on the rear yard encroachment permit was not appealed and is not at issue in this appeal. The side yard setback was also approved with three conditions. Those were' 1) an updated as-built be submitted and the administration must verify there are no additional encroachments resulting from the new construction; 2) the permit may not be issued until the as- built is submitted; and 3) the adjoining (side yard) property owner must concur with the issuance of the permit. Mr. Craig had been in litigation with the adjoining side yard property owner over a claim that he (Craig) had adversely possessed a piece of property to the south of the building. The record contains a letter from the property owner (Mr. Lofstedt) indicating that the litigation had settled with Mr. Craig agreeing to purchase a portion of the property on the south (side yard) side "APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 2 of 10 of the building. It further stated that Mr. Lofstedt did not object to the granting of the encroachment. After the hearing, the City Attorney advised the City Planner that the third condition violated Alaska law. While the Planning & Zoning Commission may take the concerns of neighboring property owners into consideration, it may not base its decision to grant or deny a permit solely on the consent or opposition of the neighbors. South Anchorage Coalition v. Coffey, 862 P.2d 168, 172 n. 11 (Alaska 1993). Granting an adjoining property owner a veto over the issuance of the permit violated that role. After being advised of the City Attorney's opinion, Commissioner Phil Bryson gave notice of reconsideration of the side yard encroachment permit for the next Planning & Zoning Commission meeting. Under KMC 1.15.060 and 1.90.050, reconsideration of a decision may be requested at the same meeting or the next succeeding meeting by a member who voted on the prevailing side. Mr. Craig was notified of the reconsideration and was present at the meeting of October 27, 2004. The motion to reconsider was listed on the agenda under "Old Business." During the October 27, 2004 meeting, Commissioner Bryson moved for reconsideration. The motion was seconded and approved by a vote of six in favor and none against. Commissioner Bryson then moved for approval of the encroachment permit with Commissioner Eldridge seconding the motion. After reconsideration, the issue arose whether the public hearing should be re-opened to take further public testimony. It appears from the record that three commissioners were of the opinion that the public hearing should be re-opened for public testimony. The Chair declined to re-open the public hearing but stated he would allow public comment. However, no request for APPEAL OF F. DEwAYNE AND DIANE E. CRAIG Page 3 of 10 public comment was made and Mr. Craig did not get to speak on the reconsideration until the end of the meeting at the agenda item "Unscheduled Persons Wishing to Be Heard." Robert's Rules of Order states that once the motion for reconsideration is granted the question is before the Commission as it was prior to the earlier vote. General Henry M. Robert, Parliamentary Law, p. 93 (Appleton-Century-Crofts, Inc. 1951). Where the item being considered originally required a public hearing, and especially where the original item has been amended as in this case, we feel another public hearing should have been held. Since two public hearings were held by this Board, we decline to remand this matter to the Planning & Zoning Commission for another public hearing. After reconsideration, the main motion was amended to require that an updated as-built be submitted to ensure there were no additional encroachments and that the permit would not be issued until all encroachments are approved. Mr. Craig argues that it was improPer to amend the original motion after reconsideration was allowed. The Planning & Zoning Commission operates under Robert's Rules of Order as amended in the Kenai Municipal Code. KMC 1.90.050(c). Robert's Rules of Order specifically allows amendments to the main motion after reconsideration. General Henry M. Robert, Parliamentary Law, p. 94 (Appleton-Century-Crofts, Inc. 1951). The vote on the motion to approve the encroachment was tied three to three. Since the Kenai Municipal Code requires four votes to approve a motion, the motion failed. KMC 1.15.060(e) and 1.90.050(c). Mr. Craig filed this appeal under KMC 14.20.290. This Board held public hearings on this appeal on November 17 and November 29, 2004. 'APPEAL OF F. DEWAYNE AND DIANE E. CRAIG page 4 Of 10 II. ENCROACHMENTS PERMITS The Kenai Planning Code defines an "encroachment" as a "structure above or below the ground and constructed or located in a manner other than set forth in the Developments Requirements Table." KMC 14.20.185(a). The review criteria for issuing an encroachment permit are contained in KMC 14.20.185(d). They are' 1) an encroachment as defined in KMC 14.20.185(a) exists; 2) the encroachment does not encroach upon a federal, state or city right-of-way; 3) the issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located; and 4) the encroachment is not located across a platted lot line. III. STANDARD ON APPEAL An appeal from the Planning & Zoning Commission is a de novo appeal. The Kenai Planning Code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken." KMC 14.20.290(b)(2). We need not defer to the findings or decision of the Planning & Zoning Commission. IV. ESTOPPEL Although not specifically articulated as such, Mr. Craig's argument that then-Building Inspector Howard Hackney allowed him to construct the building within the side yard setback area raises the issue of estoppel. While traditionally estoppel was not allowed against governmental entities, in 1981 the Alaska Supreme Court allowed it to be used against municipalities in land use disputes. APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 5 of 10 In Fields v. City of Kodiak, 628 P.2d 927, 931 (Alaska 1981), the Alaska Supreme Court described the doctrine as: The defense [of estoppel] typically applies where a property owner receives a permit that was beyond the power of an administrative officer to grant, the owner detrimentally relies on the validity of the permit, and the local government attempts to revoke the permit and then enforce the ordinance. Fields has facts similar to this case. Mr. Fields was building an addition to his house. The building inspector went to the site and checked the setback but did not adequately check the side yard setback. He then issued a building permit that indicated the side yard setback was adequate and no encroachment permit was needed. In fact, the building encroached into the side yard setback and an encroachment permit was needed. Mr. Fields started construction of the addition, but a stop-work order was issued after the error was discovered. Mr. Fields applied for a variance (encroachment permit). The planning commission denied the permit. He appealed to the Superior Court, which upheld the denial. The case went before the Supreme Court. The Supreme Court held that estoppel could be applied to enforcement or revocation proceedings but not to whether the Board of Adjustment should grant a variance. Thus, estoppel cannot be used to make a city grant a permit, but it can be used if a municipality cites a person (in an enforcement proceeding) for not having a permit or if it tried to revoke an incorrectly granted permit. Municipality of Anchorage v. Schnieder, 685 P.2d 94 (Alaska 1984)(equitable estoppel applies to revocation of permit or enforcement proceedings not whether permit should be issued). Therefore, while Mr. Craig could use the doctrine if the city cited him for violation of the setback requirement or tried to make him move his structure, he cannot use it to force the city to issue an encroachment permit. AppEAL OF F. DEwAyNE AND DIANE E. CRAIG Page 6 of 10 V. DISCUSSION We make the following findings. The lot in question is in the RS zone. The required side setback for that zone is 15 feet. There is an encroachment of 9.9 feet into the side yard setback on the south side of the building. We further find that: 1) an encroachment as defined in the KMC 14.20.185 exists; 2) the encroachment does not encroach on any' state, city, or federal right-of-way; 3) a six-family dwelling (condominium unit) is an allowed principal use in the RS zone; and 4) the encroachment is not located across a platted lot line. Thus, the review criteria of KMC 14.20.185(d) are met. That, however, does not end our inquiry. We have held in In the Matter of the Appeal if the Granting of an Encroachment Permit to Tom and Pam Cochran, Case No. BA-94-1, that the Board may reject an encroachment permit application where the applicant either knew or should have known of the setback requirement. From his testimony at the Board's hearing on November 29, Mr. Craig stated he knew the side yard setback was not met. However, he stated that then-Building Inspector Howard Hackney knew about the encroachment and orally consented to the placement of the building. He stated that Mr. Hackney consented to the placement of the building because of the lot's pie- shaped dimension. We find that testimony credible. While the doctrine of equitable estoppel does not require us to issue the building permit, we find it would be fundamentally unfair under the facts in this particular case to deny the encroachment permit. During the course of this case, other encroachments, zoning and building code issues have been raised regarding this property. The granting of this appeal only relates to this particular issue (the side yard setback on the south side of the building). It does not relate to or APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 7 of 10 give permission for any other encroachment, zoning or building code problems with the property. Those must be resolved separately through the administrative process. VI. DECISION The Planning & Zoning Commission's denial of DeWayne Craig's side yard encroachment permit is reversed. The side yard encroachment permit is GRANTED. PAT PORTER, MAYOR~ JOE MOORE, BOARD MEMBER CLIFF MASSIE, BOARD MEMBER BLAINE GILMAN, BOARD MEMBER DISSENT This dispute involves an encroachment into the side yard setback on the south side of the property. In testimony before the Board of Adjustment on November 27, 2004, the appellant and his counsel both noted that Mr. Craig had reached an agreement to purchase a portion of the property on the south side from Mr. Lofstedt. They argued that Mr. Craig was only encroaching against himself since he owned (or would soon own) the adjoining property on the south side. The appellate record (p. BA-2e) contains a letter from Mr. Lofstedt confirming the pending purchase of the property. Since Mr. Craig will soon own the adjoining property next to the encroachment, he has the ability to fix the encroachment without an encroachment permit. The original building permit in 1982 clearly noted the setback requirement was 15 feet. In his testimony on November 27, Mr. Craig stated Mr. Hackney (now deceased) allowed him to deviate from the legal requirement because of the pie-shaped nature of the lot. I cannot agree with the Board that such a statement is credible. It is easy to make accusations against a person who is not here to defend himself. Assuming for the sake of argument that it is tree, since the "APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 8 of 10 building permit stated the legal setback requirement, Mr. Craig would have known Mr. Hackney was exceeding hiS authority in orally authorizing him to build in the setback. The Board's decision, although not technically based on equitable estoppel, is still based on equitable principals. I do not think a builder who knows a government official is exceeding his/her legal authority in allowing construction in the setback should benefit from it. Under the "clean hands" doctrine, a party may not seek equitable relief when his prior course of conduct violates good faith or good conscience. Blacks Law Dictionary, 227 (5th Ed. 1979). Thus, a party cannot argue equitable estoppel when he/she does not possess "clean hands." Alaska Continental Bank v. Anchorage Land Assocs., 781 P.2d 562, 565 (Alaska 1989). Assuming his statement about Mr. Hackney is correct, since Mr. Craig would have known the Building Inspector did not have authority to authorize building in the setback, he does not have "clean hands." Especially where he is (or soon will be) the owner of the adjoining property with the power to fix the encroachment without a permit, he should not benefit from relying on an action he knew the Building Inspector did not have authority to authorize. If the Board denies this permit, Mr. Craig still has the ability to fix the problem and eliminate the encroachment. I would deny the appeal and uphold the decision of the Planning & Zoning Commission. RICK ROSS, BOARD MEMBER~ NOT PARTICIPATING LINDA SWARNER, BOARD MEMBER JAMES BUTLER, BOARD MEMBER APPEAL OF F. DEWAYNE AND DIANE E. CRAIG Page 9 of 10 NOTE: THIS DECISION CONSTITUTES A FINAL ORDER UNDER ALASKA APPELLATE RULE 602. AN APPEAL OF THIS DECISION TO SUPERIOR COURT MUST BE FILED WITHIN THIRTY (30) DAYS OF THE DATE OF THIS DECISION. ~ Board Member Porter was not present at the hearing on November 17, 2004. Board Member Ross was not present at the hearings of November 17 and November 29. Both have reviewed the written record and read a typed verbatim transcript(s) of the hearing(s) they did not attend. See Schmidt v. Beeson Plumbing & Heating, 869 P.2d 1170, 1177-1178 (Alaska 1994)(Alaska Worker's Compensation Tribunal member not present at hearing may participate in the decision if the member reviewed the record and hearing testimony). 'APPEAL OF F. DEwAYNE AND DIANE E. CRAIG Page 10 of 10 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM' DATE: RE: Harbor Commission Members Airport Commission Members Library Commission Members Parks & Recreation Commission Members Council on Aging Members Beautification Committee Members Carol L. Freas, City December 29, 2004 INVITATION -- KENAI ECONOMIC DEVELOPMENT STRATEGY PRESENTATION A presentation of the Kenai Economic Deuelopment Strategy will be made at the January 12, 2005 Planning & Zoning Commission meeting. The Strategy committee would very much appreciate your attendance to hear the presentation and offer comments and suggestions. Again, the presentation will be during the Planning/l~ Zoning Commission meeting scheduled for Janua.-~ 1'2, 2005. The meeting begins at 7:00 p.m. clf cc: Linda Snow, City Manager Andy Varner, Economic Development Project Director Keith Kornelis, Public Works Manager Bob Frates, Parks & Recreation Department Director Ewa Jankowska, Library Director Rebecca Cronkhite, Airport Manager Marilyn Kebschull, City Planner ~/ Rachel Craig, Senior Center Director o o _,-~.. o cz. c. .,__. ,.... o .~_ .__ o .__ ,< .~_ _: c) "'" 0 · ~ ~ ._ o 0 N' o o .c:: ',~ © © ~ 0 0o N N ~x :~ o ~ 0 · · · >. -.,- · ? · · o · · · · o N January 6, 2005 CITY OF KENA! I~1~ ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ John Hammelman 4570 Kenaitze Court Kenai, AK 99611 RE' REAPPOINTMENT$ - COMIt~$ $IONS/COMI~TTEE$/B OARD $ City of Kenai At their regular meeting of January 5, 2005, the Kenai City Council confirmed your reappointment to the Planning & Zoning Commission for an additional three-year term, ending in January, 2008. The Kenai City Council and City Administration thank you for the time and effort you have contributed and willingness to continue to contribute to the City. Your interest and endeavors are examples of a dedicated citizen working for a better tomorrow for the City of Kenai. Congratulations and again, thank you. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf January 6, 2005 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 L. Jay Barrett P.O. Box 821 Kenai, AK 99611 RE: REAPPOINTMENT$- COMI~$$IONS/COMMI~EE$~O~D$ City of Kenai At their regular meeting of January 5, 2005, the Kenai City Council confirmed your reappointment to the Planning & Zoning Commission for an additional three-year term, ending in January, 2008. The Kenai City Council and City Administration thank you for the time and effort you have contributed and willingness to continue to contribute to the City. Your interest and endeavors are examples of a dedicated citizen working for a better tomorrow for the City of Kenai. Congratulations and again, thank you. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf Don't forget the ~vorl~ session immedi(~tely following the meeting!!!! KENAi, ALASKA 210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~ 1992 M MO: TO: FROM' Planning & Zoning Commission Marilyn Kebschull, Planning Administration' DATE' December 2, 2004 SUBJECT: Limited Commercial Zone A work session is planned to. follow your regular meeting on December 8th. If that meeting should be extremely long, you may want to postpone the work session until your next meeting in January. If the work session is held, the attached information has been prepared to assist you through the process. At the work session on November' 24th, the Commission reviewed land uses not included in the City's Land Use Table and recommended adding additional uses. At that time, a recommendation was proposed for the Limited Commercial Zone. The Commission will need to review these uses in relationship to the existing zones and make recommendations. The Commission also made a recommendation for minimum lot size for the proposed zone for the Development Requirements Table. The Commission did not discuss size requirements for dwellings or other permitted uses above the three-family dwelling. I populated the table with the 12,500 square foot requirement. DOES'THE COMMISSION CONCUR WITH THIS MINIMUM LOT SIZE FOR EXPANDED USES? The Commission did not discuss the maximum height for 'the Development Requirements Table. The Commission should make a recommendation. The zones in the City with height requirements all have a maximum height of 35 feet. The Building Official has advised that two-story structures are usually between 19 and 25 feet high and three-stories are usually between 3.0 to 32 feet high. It is administrations recommendation that the landscaping requirements for this zone be included at this time in the Limited Commercial Zone chapter instead of amending the landscaping ordinance. A draft containing staff recommendations is included. While reviewing the requirements, you will note that they are more specific and require additional landscaping not currently required in the City's landscaping ordinance. As written, the code would also require landscaping for residential structures in the zone. The Commission should determine if they want to limit the landscaping requirement to commercial uses. To assist the Commission with the sign code, Robed Springer, Building Official, and I reviewed the City of Kenai's commercial and residential sign codes and the City of Soldotna's sign code. The attached draft shows recommendations for the Commissions' consideration for the proposed zone's sign code. Attachments ~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 more and 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 Limited Commercial Zone Landscape/Site Plan- Draft 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. iii. 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. iv. 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. v. 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 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. j. Modifications. As required in KMC 14.25.070. k. Expiration. As required in KMC 14.25.080. I. Penalties. As required in KMC 14.25.090. m. Definition - Landscaping. As defined in KMC 14.25.100. 1,1,1 Ll,I · ..........,......., .... . . .......... ..... . . . . · .......... ,.......' ...... ::::::::::::::::::::: ~ m m Z ~ ~ ~ ~ ~ '""' ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ · .....-.......... ......., .......... ....... · . ... ...... ....... ..... · .-..........-... ,......., · .-...-...- ...... ,......., ...........~:~:~:~:~:~......~:~:~'~ w w w ~ ~ ~ ~ ~ ::~:~:~::~_ ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~ ~ :::::::::::::::::::~ ~ ~ ~ ~ ~ ~ ~ ~ :~:~:~:~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ............. ,.,..,,..........., ..,.,.. ,.-.-.,,.,. ,......, ..,..,. ,.....-,........... '.'.'.'.'.'~'.'.'.-, .2-2.. · .-.-.....-,......., .... . . · .'.'.'.'.'~'.'.'.' ~ ...... ~ · ...,......,,,..... ..... ........... ].].. ......... [....-.-...- ,..... ...., . .......... .Z.2.Z.2.2..Z.2.. ..~-~. . . .......... ::::::::::: :::::: ~ ..... .... ¢ .............. · :':':':':":':" ~ m m m m m ~ ~ ~ ....  ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ · ................. ,....-.-, · ......... ......... .......... ,2.2.2-2, :~:~: :~:~:~: ~ ~ .... ""'"-' .......... ~ ~ ~ ~ ,'.'.'.'. .... ,.:.:.:. ~ . . . .......... .......'.'-'.' ;-...-., :::~: ... :~:~:~:~: m .... .... .............. ..... .......... .... ............. ,..........;....-.-, '.'.'.'.'.','.'.-.., ~ · ..... ~ ..........  ~ ~ ~ ~ ,-.........,.......~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :-:-:': ~ ~ ~ ......... ~ ~ ~ ~ ~ ~ · .-........:,....... .... . . · .-........ ,......- ...... .......... · .-.-..........-.. · .......... · ..... · ..... ..--.-. · 2-2.2.2.2...2.2. ..2.2. .............. .2.2.2.2.2...r.7. ..-... .... .......... .... ~ ~ ~ ~ ~ ~ ~ '.'.'.'.' ......... , .... .............. ......... ..... .............. .............. ,.....-..........., .... ..... .......... .... .............. .............. ......... ..... ,...-............., ,......., .......... ,....... ......... ,............-...., ,....-.. ............... ,'.'.'.'.'..'.'.'.'~ ~ .... ':':':':':' :~ .~ ...... _ .- ...... .. . :':':':':'~:~ ~ ~ ~ ~ ~ '~ ~ ~ ~ ~ ~ :""' ' ~ m ~ ~ ~ ~ ~ ~ ~ ~ .... ~ ~ ~ ~ ~ ~ w ~ ~ ~ '-~ ~ .......... ~ ~ ~ .- ~ ~ ~ ~ ~ * ~ ~ ~ .~ ~ ~ ~ ....... ~ ~ ~ .......... ~ ~ ~ - ::::::::::::.::::: ~ ~ g ~ ~ ~ ~ ~':':':': ~ . .. .- - · :':':':':":':':': ~ ~ . } g ~ g'.'.'.'. ~ ~ ~ ~ '~ ~ ~ ~ ~ ~ ::::::::::::::::::: ~- ~ ~ ~ ~ ~ · ~ ~ ~ ~ ~ ~ · ~ ~ ~ ~ LL! III II II ........ ........ ........ ............. . . . . ........ ~:~:~:~' ~ ::::::::::::::::: ~ :.:.:.:. ~ ............ . . . . ............ , . .. .... · ....... ............-... ,....... · .'..... ................ ,....... ............. ,... ........ ........ · ....... ................, '.'.'.'. ............. ,... .... ............ .... ............ ,....... :::::::: ~ "'"'"'"'"'"~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:~:~:' ~ Z Z ........ . . ............. .... ............ . . ............. .... ............ .............. ....... ............ . . .. ...... ................ '.'.'.'. ........ ......... ............ . . . . ............. · ....... ........ .......-......... ~........ .... , · ....... ................. ~.~.~.~. .... ............. .... ............ ........ ......... ............. 2.2,2.2 ............ ........ · ....... ........-....... ........ · .'..... ..........-..... ,....... ........ ............ ,....... -....... ..........-..... ,....... :.:.:.:.:-:-:.:.: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,....... ~ ~ ~ ........ ......... ............ . . .. · ....... ......-...-....., ~....... ............. ,... .... · ...-.-.-......., . . . . ~ :.:.:.:.:.:.:.:.: ............ .... ............. .... ............ .... · .......~ ................. .... .... ............ . . .., ................. · .... .... ........ .............. .... ............ .... ............. ............ . . . . ............. · ...-... ........ · ....... ....-............ . . .. ~ ....... ~ ................ ~ ........ ~ :::::::: ~ ~:.:.:.:.:.:.:.:. ~ .:.:.:.: ~ ........ .... · .-..... ..........-..... .... .... · ...-... ........ . . . . ........ .... · .'..... -...-...-.-..... ,....... · .-..... ......-.-....... .... ............. ,... Z .::::. ~ -:.:.:.:.:.:.:-:~ ~ ,....... ~ ............. ,... .... ............ ........ ......... . . . . ............ . . . · ....... ..-.-.-.......... ........ ............. ............. . . . . ..... . ........ . . . . .... ~ ........ ~ ~ ~ ~ -'.'.'.'.'.'.'.'. ~ ........ * .'.'.'.' ~ .... ............ .... ............. ............ .....-.. ............ . . .. · ...-... ............-.... .... · ....... ................ '.'.'.-. .... ...........-...- · ...........-.-. .... ............ .... .... ............ .... · .'.'.-. ..........-.-... .... ............ ,... .... ............ . . .. · ....... ......-...-....., '.'.'.'. · ...-.-., ....-.-.-.-.-.-., .... ................, · . . I.'.'.'.' .'.'.'.'.'.'.'.', ' ' ' ' ~ ~.'.'-'-' :~:~:~:~:~: :~: ........ ~ ~ .. ~ ~ ~ .... , ....... I,U uJ ::3 Z .;- ~:~. 8~ Iii II II II II 14.020.0'10 Footnotes' (25) Art studios, barbers,..beauticians, dressmakers, dry cleaner and self-service laundry, fitness centers, photographic studios, tailors, tanning salons, and massage therapists. - General Requirements. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICT IL/IH/CC/ USES C/RR RR1 RS RS1 RS2 RU/TSH CG R ED LC 90 MINIMUM LOT Width (feet) 90 90 60 60 60 60 90 90 MINIMUM LOT Size (feet) Front i 25 25 25 25 25 10 25 25 25 Side z See individual One-Story s 15 5 5 5 5 5 sections of 15 15 15 Day-light Basement/Split Level s 15 10 10 10 10 5 Code for 15 15 15 Two-Story s 15 15 15 15 15 5 4 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 Footnotes: (1) (2) (3) (4) Provided that the minimum front setback is measured from any fight-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. Minimum lot area requirements. KEY: N=Not allowed DEVELOPMENT REQUIREMENTS TABLE Zoning Districts USES C/RR RR1 RS RS1 RS2 RU/TSH IL/IH/CC/CG R ED LC MINIM~ 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. .Limited Commercial Zone. Signs are allowed as follows' (1) Allowed Signs Not Requirin_cl 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. (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 Requiring 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 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. (O)Portable signs. o Z II Z o Z II Z 0 Z II Z 0 Z II Z o Z II Z o Z II Z