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HomeMy WebLinkAbout2005-01-26 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 26, 2005 - 7:00 p.m. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e *APPROVAL OF MINUTES: a. *January 12, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: Se PUBLIC HEARINGS: a. PZ05-04- An application for a Conditional Use Permit for an in-home massage therapy business for the property known as Lot 44, Block 1, Redoubt Terrace Subdivision (109 South Gill Street), Kenai, Alaska. Application submitted by Jean-etienne Wetter and/or Annett Lynn Wetter, 109 South Gill Street, Kenai, Alaska. b. PZ05-05 - An application for an Encroachment Permit for a front yard setback for the property known as Lot 1, Block 6, Redoubt Terrace Addition No. 3, Bluff View Condominiums (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne & Diane E. Craig, P.O. Box 1613, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ05-07 - An application for a Home Occupation Permit for a daycare for the property known as Lot 4, Block 5 Thompson Park Subdivision No. 2 (235 Eisenhower Lane), Kenai, Alaska. Application submitted by Stephanie Owens, 235 Eisenhower Lane, Kenai, Alaska. b. Amendment to Kenai Municipal Code - Title 14- Definitions (Condominium)- Discussion c. Lease Application, Portion of Tract A, General Aviation Apron No. 2 - Charles E. & Helen L. Tulin- Discussion and Recommendation Agenda January 26, 2005 Page 2 8. PENDING ITEMS' e CODE ENFORCEMENT: a. 2004 Year End Report 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Planning & Zoning Roster b. Board of Adjustment Minutes PZ04-49 c. Finding & Decision- Spring 2005 Land Disposal Auction 435 d. Board of Adjustment Decision In the Matter of the Appeal of Blue Sky Pilots Trust 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT- CITY OF KENAI PLANNING & 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 e 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: 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. CITY OF KENAI PLANNING ~ ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 12, 2005 - 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7'00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows' Commissioners Present' N. Amen, C. Glick, P. Bryson, J. Hammelman, J. Barrett, J. Twait, B. Eldridge Others Present: Councilman Ross, Councilman Moore, City Planner Kebschull, Contract Secretary Roper A quorum was present. 1-bo Election of Chair and Vice Chair MOTION: Commissioner Barrett MOVED to nominate Commissioner Glick as Chairman of the Planning and Zoning Commission. Commissioner Eldridge SECONDED the motion. MOTION: Commissioner Bryson MOVED to nominate Commissioner Hammelman as Chairman of the Planning and Zoning Commission. Commissioner Amen SECONDED the motion. A vote was taken by secret ballot. and Commissioner Glick, 2 votes. Results were: Commissioner Hammelman, 5 votes; Commissioner Hammelman was elected Chairman of the Planning & Zoning Commission. MOTION: Commissioner Bryson MOVED to nominate Commissioner Glick as Vice-Chair of the Planning and Zoning Commission. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. Commissioner Glick was elected Vice-Chair of the Planning & Zoning Commission. The gavel was turned over to Chairman Hammelman. 1 "Ce AEenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda adding the letter from Jackie Johnson at Item 5-a. and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -do Consent Agenda Commissioner Amen MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- December 8, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -ae Kenai Economic Development Strategy (KEDS) Presentation- Andy Varner and Barry Eldridge Barry Eldridge provided a slide presentation and handout on the Kenai Economic Development Strategy (KEDS). Eldridge requested the handout be reviewed and that any feedback be forwarded to Mr. Varner prior to their first public forum meeting scheduled for February 5, 2005 at the Visitors Center. Eldridge gave a brief history of KEDS which included their accomplishments to date; reported their five initiative areas include Education and Workforce Development, Quality of Life, Business Development, Infrastructure, and Tourism; and, outlined their goals and objectives and subsequent timeframes. ITEM 4: CONSIDERATION OF PLATS PZ05-01 - Preliminary Plat - Kenai Landing- Cottages Subdivision. Plat submitted by Integrity Surveys~ 8195 Kenai Spur Highway~ Kenai. Alaska PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 2 City Planner Kebschull noted the plat subdivided a large parcel to create an approximate 6.7 Acre parcel. She added, the resulting parcel would meet lot size requirements for the zone, however, if approved, staff recommended an access easement for Lot 1 be filed with the City of Kenai prior to recording the final plat. Kebschull noted the applicant is aware of the requirement. MOTION: Commissioner Bryson MOVED to adopt PZ05-01 with the incorporation of staff recommendations and Commissioner Eldridge SECONDED the motion. Commissioner Bryson stated, when the issue came before the Commission previously he abstained due to a possible conflict and noted that conflict no longer existed. Commissioner Amen questioned the long-standing encroachments and asked that the applicant investigate eliminating them. Kebschull noted the situation dated back several years and the section line had always been there with some of the cannery structures were built across the section line. She added, the language is standard in the City's resolutions, however, the Borough did not enforce encroachments. Kebschull stated, the applicant indicated that would be one of their next steps as they go through the process. Kebschull also added, removing a section line is a very lengthy process with the State and requires alternate access and technically the structures would be grandfathered in as nonconforming structures. VOTE: Barrett Twait Amen Yes Yes Yes Glick Hammelman Yes Yes Bryson Eldridge Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PZ05-02 - An application for a five-foot side yard variance for the property described at Lot 8, Anglers Acres Subdivision Part 3 {1125 Angler Drive), Kenai, Alaska. Application submitted by Jackie Johnson, 1125 Angler Drive, Kenai, Alaska. Kebschull explained the application was for a five-foot side yard setback and indicated the applicant was in attendance to answer any questions. Kebschull drew attention to the letter in the packet from an adjoining neighbor who discussed the driveway going all the way to the river. Kebschull noted that was not accurate and added staff was recommending the applicant provide verification the septic system will support the additional structure. PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 3 Chairman Hammelman opened the public hearing. Jackie Johnson~ 1125 Angler Drive~ Kenai~ Alaska -- Ms. Johnson explained the project and noted the addition would be 28-foot wide by 40-foot long and would be attached to the duplex. Johnson was surprised by the letter of opposition from her neighbor as the addition would not interfere with whatever he is trying to do. Johnson added she would never put in a structure that would become a safety issue. Johnson also stated she wants to do this project correctly and is relying on the input from the City's Building Official. Johnson also explained her landscaping plans would be submitted for review prior to building. Bryson asked if the building would be attached to the existing structure and Johnson replied it would. MOTION: Commissioner Amen MOVED to recommend approval of PZ05-02 and Commissioner Barrett SECONDED the motion. The public hearing was closed. Amen asked if the cabins were rentals and Kebschull confirmed they were, are operated under a conditional use, and the new addition would require an amendment to the existing permit if it were to be used as a rental. VOTE: Barrett Yes Glick No Twait Yes Hammelman Yes Amen No B19rson Eldrid§e Yes Yes MOTION PASSED. Kebschull advised there is a 15-day appeal period and the appeal should be provided in writing to the City Clerk. 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 Lost 11 /h 12 in Section 17 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steven Agni, President, Kenai Landing, Inc.~ 5011 Spenard Road~ Suite 201~ Anchorage~ Alaska. Kebschull explained, PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 4 · The property is known as Kenai Landing and the plat reviewed and approved earlier is to accommodate this condominium project · Because it is zoned industrial, a conditional use permit is required. · The applicant provided a concise and detailed application, however, because it is still in the planning stages, the actual sketch would be modified depending on the market which would dictate whether or not they are single dwellings, duplexes or triplexes. · The applicant is proposing approximately 8.5 dwellings per acre. · The parcel would be eligible for rezone by size but because it is unknown what the adjoining property to the south of it may do, it is the attorney's recommendation the conditional use process be used. If the property to the south becomes residential, then it is recommended that rezone of the area be considered. Kebschull drew attention to staff's recommendations requesting at least a 15-foot setback to allow for future development and protection for other properties. MOTION: Commissioner Glick MOVED to approve PZ05-03 to include the staff recommendations. Commissioner Amen SECONDED the motion. Chairman Hammelman opened the public hearing. Steve Agni, Kenai Landing, Inc.~ 2101 Bowpicker Lane~ Kenai, Alaska. Mr. Agni explained the proposed project and emphasized their goal of extending the user season to achieve a more year-around utilization of Kenai Landing. Agni acknowledged staffs recommendations and noted they will concentrate on utilizing the existing infrastructure to provide access to the property. Amen asked for clarification on the combined side setbacks and Agni explained the space between two buildings will be no less than ten feet. Agni noted the setbacks referred to by staff were for the adjoining property outside the buildings that are proposed in the common interest condominium community. Commissioner Glick asked if the water system proposed would service all the building. Agni confirmed that it would and noted there are tremendous wells already there that would be upgraded and extend with arctic grade services so the water could be used year-around. Glick asked if the sewer system onsite would serve each individual condo. Agni replied, each building would have its own sewer service to a septic tank and then it would go to a community drain field. Agni noted this would still have to be approved by the DEC but pointed out the proposed community drain field on the sketch in the packet. Public hearing closed. PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 5 Chair Hammelman asked if 58 dwellings in the area was a concern for staff. Kebschull replied, if the area was zoned RR then it would be high for density but if their system meets DEC approval, there would be no concern. Kebschull noted the city does not regulate onsite systems. Hammelman asked if traffic was a concern and Kebschull stated there had been no feedback on traffic. Bryson added, Cannery Road is outside the City. VOTE: Barrett Yes Glick Yes Twait Yes Hammelman Yes Amen Yes Bryson Eldridge Yes Yes MOTION PASSED UNANIMOUSLY. Kebschull advised the audience of the 15-day appeal process and noted any appeals should be provided in written form to the City Clerk. ITEM 6' OLD BUSINESS -- None. ITEM 7: NEW BUSINESS Discussion -- Home occupation Permits- Daycares/Relative Exemption Kebschull reported there are 13 out of 20 home occupations for daycares that are operated by relatives. This occurs because the State requires licensing for anyone who receives a stipend for caring for children. Kebschull asked if the Commission wished to consider an exemption for the relative daycares so they wouldn't have to go through the process with the City, which basically is a paperwork issue. Kebschull added, these relative daycares are exempt from paying sales tax with the Borough but they are required to report. Commissioner Barrett asked if this would affect fire safety inspections, etc. and Kebschull replied, the State has very strict guidelines which are more stringent than the city's. Amen asked if there is an additional public notice process if it didn't have to go through the Commission. Kebschull replied, there was not and the only notice now is included in the consent agenda in the notice in the paper. Amen questioned why an exemption would be necessary when the current system works and who would determine a relative and the safety of the children being watched. Kebschull answered, the City does not define a relative and by the time the applicant comes to the City, the State has already issued them their license as a relative provider. PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 6 Kebschull added, the relative care providers currently go through a three licensing process. After further discussion, it was determined an exemption is feasible. Kebschull will ask the City Attorney to draft a document and she will bring it back to the Commission. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council- Council Member Moore reported on actions taken at the January 5, 2005 Council meeting. 10-b. Borough Planning- Bryson offered a brief review of actions taken at the January 10, 2005 Borough Planning Commission meeting. 10-c. Administration - Kebschull reported the following: · The annual reports for the Planning Commission and the building permits were included in the packets as well as a report on the gravel pits. The code violation report will be forthcoming. · She will be absent from the January 26th meeting and there will be two public hearings on the agenda. There was a preliminary review of a landscape/site plan for Evert's Fuel. She noted, they are being pretty aggressive in wanting to get started and a meeting is scheduled with the Airport Manager, Fire Department and Planning to review their plans. · The Senior Center received a Rasmusson grant for their kitchen expansion. More funds are needed bUt they are excited about receiving the grant. ITEM 11: PERSONS PRESENT NOT SCHEDULED- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. 12-d. 12-e. 12-f. Emails regarding RV Petition. PZ04-51 - Landscape/Site Plan Review- Everetts Air Fuel City of Kenai Board of Adjustment Decision- Craig (Case No. BA-04-02) Invitation to the Kenai Economic Development Strategy Presentation "Zoning Bulleting" - 10/10 & 10/12/04 & 2004 Index Reappointments Letters- Hammelman and Barrett ITEM 13: COMMISSION COMMENTS/~ QUESTIONS PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 7 Commissioners Glick and Barrett congratulated Hammelman on his election as Chair of the Commission. Commissioners Amen and Bryson thanked Glick for his work as Chairman. ITEM 14: ADJOURNMENT MOTION Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:35 p.m. A work session was held immediately following the regular meeting. Minutes transcribed and prepared by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 8 STAFF REPORT To' Planning & Zoning Commission Date: January 6, 2005 Prepared By: NC Res: PZ05-04 GENERAL INFORMATION Applicant' Jean-etienne Wetter and/or Annett Lynn Wetter d/b/a Mo Mina's Feel Better Clinic 109 South Gill Street Kenai, AK 99611 Requested Action: Legal Description: Parcel Number: Existing Zoning- Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Massage Therapy Lot 44, Block 1, Redoubt Terrace Subdivision 04712017 SR--Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicants are applying for a Conditional Use Permit for an in-home Massage Therapy business. Applicants plans to convert a 13'X15' portion of their existing garage for this business. Massage Therapy is similar to personal services allowed under KMC 14.20.230 Home occupations i.e., beauty parlor, dressmaker, etc. Since the homeowners are converting a portion of the residence for the business a conditional use permit is required. Applicants have provided a floor plan of the conversion and will apply for a building permit depending on the Commission's action. Ms. Wetter has provided a letter that outlines their proposal and would like to temporarily use an extra bedroom in the house until the garage is converted. There appears to be sufficient parking to operate the business. To issue the requested Conditional Use Permit, it must be established that the proposed use meets the criteria established in KMC 14.20.150. · The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district- The Suburban Residential zone is described in Chapter 14.20.090. The intent of the zone is to provide for medium-density residential development in areas provided with common utility systems. The specific intent is to separate residential structures to an extent which will allow for adequate light, air, and privacy and to prohibit uses, which would violate the residential character of the environment and produce heavy traffic in predominantly residential areas. This is considered a personal service business; therefore, vehicle traffic would be limited at any one time. The value of the adjoining property and neighborhood will not be significantly impaired - This is a small home-based business with little to no heavy traffic and specific hours of operation. The business should not adversely affect the existing homes in the neighborhood. · The proposed use is in harmony with the Comprehensive Plan- The Comprehensive Plan describes Neighborhood Residential "consists of single-family and multi-family residential areas that are urban or suburban in character. Small home-based businesses may be accommodated within certain design guidelines." · Public services and facilities are adequate to serve the proposed use - The property is serviced with City water and sewer. · The proposed use will not be harmful to the public safety, health or welfare- Police and fire service are available. This is a small home-based business by appointments only and should cause no to harm to the houses in the neighborhood. City Engineer: Not available for comment. Building Official: Conversion will comply with building codes. RECOMMENDATIONS It appears that the requested Massage Therapy Business meets the criteria of KMC 14.20.150. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-04 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-04 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: Jean-etienne Wetter and/or Annett Lynn Wetter d/b/a Mo Mina's Feel Better Clinic USE: Massage Therapy LOCATED: 109 South Gill Street- Lot 44, Block 1 Redoubt Terrace Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04712017 WHEREAS, the Commission finds: o . That an application meeting the requirements of Section 14.20.150 has been submitted and received on: January_ 5, 2005 This request is on land zoned: Suburban Residential . That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: . That the Commission conducted a duly advertised public heating as required by KMC 14.20.280 on: January_ 26, 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 MASSAGE THERAPY 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 26~ 2005. CHAIRPERSON: ATTEST: 'Vi//aye with a Past, ~i~y w~'th a £uture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ 1992 KENAI. ALASKA CONDITIONAL USE PERMIT APPLICATION Business Name: Mailing Address' Legal Description of Property: Kenai Peninsula Borough Parcel No.' City of Kenai Zoning: Provide a detailed description of the proposed use. If the space provided is not sufficient, The following information must be provi, ded before your application will be considered for orocessing. Do not submit your apph.'cation until it,contains all __ reoui .red information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant' Date: i( L 1 I t I i /<~NAI SPUR IL/Wy 28 ~ 53 parcel · 12271 16 GOV'T. LOT 43 GOV'T. LOT 60 ~ GOV'T. LOT 66 GOV'T. LOT 83 GOV'T. LOT 9O GOV'T. LOT 105 GOV'T. LOT 112 GOV'T 4: GOV'T. 65 GOV'T. 1 89 GOV'T. I 111 Page 1 of l Nancy Carver From: Jan Kornstad [kornstad@acsalaska.net] Sent' Friday, January 14, 2005 10:36 PM To' Nancy Carver Subject: PZ05-04 We are not in favor of granting a Conditional Use Permit for 109 South Gill Street. This is a residential area and if you grant this permit it will only open the door for others. There is already a significant amount of traffic on Gill Street because it is a main feeder street to this subdivision. We are not in favor of adding more. Also, there is little parking available and when on street parking occurs Gill Street has the potential to be narrowed to one lane. Vern & Jan Kornstad 1607 Tanaga Ave. Kenai Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://~_www..qrisoft.com). Version: 6.0.801' / Virus Database: 544'- Releas~ Datei' ~';i~/24/2004 1/17/2005 DeWayne & Diane Craig P. O. Box 1613 Kenai, Alaska 99611 Ph. 283-7842 January 20, 2005 City of Kenai Planning & Zoning Commission 210 Fidalgo Avenue, Suite 101 Kenai, Alaska 99611 Re~ P & Z Meeting on January 26, 2005 Application for Enroachmem Permit Dear Sirs: We respectfully request that Nelson Amen abstain from voting on our application for an encroachment permit. Before Mr. Amen was appointed as a member of the commission, he expressed his personal opinions regarding our property. He said there should not be anything else built on the lot, before we were granted a building permit for the sixth trait. At a recent Board of Adjustment hearing in December 2004, he spoke as a private citizen, and also sought to influence the Board by presenting himself as a Planning and Zoning Commissioner, in supporting the denial of a 1982 encroachment permit. Mr. Amen has also made comments that he does not like the structure, the color, the driveway, the parking, and has brought up the snow removal and refuse container. While we acknowledge his fight as a citizen to make such comments, we do not believe he can make an unbiased decision on any matter that may come before this commission regarding our property. Yours truly, F. DeWayne Craig COl Pat Porter, City Mayor Cary Graves, City Attorney Mark Osterman, Attorney STAFF REPORT To-' Date: Planning & Zoning Commission 1/6/05 Res: PZ05-05 GENERAL INFORMATION Applicant' Requested Action' Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: F. DeWayne & Diane E. Craig P.O. Box 1613 Kenai, AK 99611 283-7842 Encroachment Permit - Front Yard Setback Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 Bluff View Condominiums 406 South Forest Drive 04714024 RS- Suburban Residential Residential Neighborhood Residential ANALYSIS General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: · 1 '4. An encroachment as defined in KMC 14.20.1 85 (a) exists: The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. The encroachment is not located across a platted lot line. 0505 Comment.doc Page 2 In October 2004, an encroachment hearing was held on the structure identified as Units 1-5 on the attached as-built. At that time, it was requested that an updated as-built be submitted to ensure there were no further encroachments on this parcel. The as-built submitted on October 13th, shows an encroachment in to the 25-foot front setback of approximately 1.3 feet on one corner of the structure identified as "garage + 2-story". Kenai Municipal Code 14.20.200(a)(1) sets the minimum front setback for an unoccupied attached or detached garage to be ten feet. The bottom floor of this structure meets this section of the code and would not be encroaching if the living space were removed from the second and third stories. On July 10, 2002, the Planning and Zoning Commission held a public hearing on a request for a five-foot front setback variance and a variance for lot coverage. The hearing was held in response to an application by the Craig's to construct an addition with a garage with living space above the garage. The variance for lot coverage would have been for approximately 250 square feet. The recommendation by administration was to deny these variances and the Commission voted six to zero to deny the request. The Craig's appealed the denial to the Board of Adjustment. The Board of Adjustment upheld the Commission's decision. (A copy of this application and staff comments is attached.) After this denial, the Craig's modified their plans to construct an addition with two-stories of living space above the garage. The application, as submitted and approved, met the zoning requirements for lot coverage and setbacks. The building permit (B3938) was issued on September 19, 2002. This is the three- story addition now shown as "garage + 2-story" on the as- built submitted October 1 3, 2004. City Engineer' Not available to comment. Buildinq Official: It should be noted that Mr. Craig submitted at least three different site plans and building plans prior to issuance of building permit B-3938. One was rejected due to creating an encroachment. During the footing inspection of B-3938, Mr. Craig provided a string line to allow for measuring the setback distance. Since this is not the best method of measuring the setbacks, it was only speculated that the minimum setback was met. It was reiterated to Mr. Craig at that time that an as-built survey would be required for 0505 Comment.doc Page 3 verification of setbacks prior to a final inspection. Conditions for issuing building permit B-3938 have not currently been met; therefore, no final inspection has been performed, no Certificate of Occupancy has been issued, and Mr. Craig cannot use this addition until a Certification of Occupancy is issued. RECOMMENDATIONS In general, this variance request, meets the requirements of KMC 14.20.1 85. However, the request is more than the basic 1.3-foot variance as shown on the as-built dated October 13, 2004. To make an informed decision, the Commission should review the information (attached to this report) regarding PZ02-39 and the chronological history for the property located at 406 South Forest Drive. In 2002 when the applicants requested the variance for lot coverage and to build in the front setback, the application was reviewed and staff recommended against the request. It was believed that the owner had reasonable use of the property and that denying the variance would not deprive the owner of reasonable use. The Commission agreed with the recommendation and denied the variances for lot coverage and front setback. With the most recent encroachment along Toyon Way, there are encroachments along all four sides of this lot. When the Craig's received the building permit (Building Permit B3938) to construct this structure after denial of the variance, they were aware of the setback requirements and should have made every effort to ensure they met those requirements. The failure to meet those requirements should not be justification for granting the encroachment. If the Commission should determine that the encroachment meets the requirements of KMC 14.20.185 and grant the request, recommend that prior to the permit being granted that the applicant be required to' · Complete Building Permit B3938 according to the application and building permit issued prior to the encroachment permit being issued. Recommend denial. 0505 Comment.doc Page 4 ATTACHMENTS: · 2. 3. 4. 5. Resolution No. PZ05-05 Application As-built PZ02-39 Chronological History for 406 South Forest Drive KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ0-05-05 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: F. DeWayne & Diane E. Craig USE Front Setback of 1.3 Feet LOCATED 406 South Forest Drive- Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04714024 WHEREAS, the Commission finds: . . o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: January 5, 2005 This request is on land zoned: RS - Suburban Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right-of- way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. d. The encroachment is not located across a platted lot line That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: January 26, 2005. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZON1NG COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 26~ 2005. CHAIRPERSON: ATTEST: 210 Fidalgo AVenue, Kenai, Alaska 99611-7794 e,e.,one: KEN ,ASKA APPLICATION FOR ENCROACHMENT PERMIT NAME STREET ADDRESS MAILING ADDRESS LEGAL DESCRIPTION PARCEL NUMBER ZONING DISTRICT (Circle 1) PHONE Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL TItE SPACE AFTER TItE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth 'in the Development Requirements Table. Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 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) Type of Encroachment Applicant is Requesting' Front',, Rear: Side: Encroachment into setback of ADDITIONAL COMMENTS. .,  ). .t3.7' ~ '~Un~t 6 ~ three-story Lot / oc 'lc G 406 Forest Dr. South shed 8.2'x4.5' ~ garage ~ ·three-story Units 1- 5 o o z LEGEND .... e 2" Centerline Monument (found) A Vent Pipe Note: This is a recertification of As-Built Survey dated 22 August, 1998 for Lot 1 Block 6 Redoubt Terrace Subd. Addn. #3. '?~ This recertification is for the addition of the · garage + 2 stories with access off Toyon Way. · · AS-BUILT CERTIFICATION As-Built Certificate Date: 12 October, 2004 [F.B. #: 2004-5, Pg. 48-9 · Scale: 1 = 30' ! Plat: 99-39 i KENAI RECORDING DISTRICT .Drawn: CB ]W.O. #: 24139 Disk: Redoubt Terrace 8195 Kena~ Spur Hwy Kenai, Alaska 99611-8902 SURVEYORS PHONE - (907) 283-9047 PLANNERS FAX (907) 283-9071 NOF I hereby certify that the improvements hereon exist as shown on the following described property: Redoubt Terrace Subdivision Bluff View Condominium~i and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances should any data hereon be used for construction or for establishing boundary or fence lines. ~1111 i iiii iii i i i i i i IlL II .STAFF REPORT To: Planning & Zoning Commission Date: June 20, 2002 Res: PZ02-39 GENERAL INFORMATION Applicant: F. DeWayne Craig P.O. Box 1613 Kenai, AK 99611 283-7842 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Variance - Development Requirements Front Setback & Lot Coverage Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 406 South Forest Drive 04714024 RS - Suburban Residential Residential Medium Density Residential ANALYSIS General Information: KMC 14.20.1.80 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 0239 Comment.doc Page 2 1 1 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. Applicant is applying for two variances from the development requirements for the suburban residential zone. The parcel being reviewed is located on the corner of Toyon Way and Forest Drive. Because it is a corner lot, the front setback On both frontages is 25 feet. Applicant proposes to build an addition onto the current structure. The use of the addition would be a garage with living space on the second story. The location of the addition is noted on the drawing provided by the aPplicant. The application requests a five-foot variance from the front setback. It appears, based on the drawing provided, that this variance would be necessary from both the Toyon Way and Forest Drive frontages. It is difficult to determine the exact distance the structure would extend into the -setback on the Toyon Way side because the drawing provided does not show dimensions. It does appear that this side of the structure may extend further than the Forest Drive side. The applicant recently received an encroachment for the present structure where the new structUre would be attached. That encroachment was for 4.8 feet. The second variance requested is for lot coverage. The development requirements limits lot coverage to a maximum of thirty-percent. The Kenai Peninsula Borough lists this lot as .38 acres, 16,552.80 square feet. Thirty percent of that is 4,965.84. The current structure on the lot, excluding decks measures 4,555 square feet. The applicant is asking for a variance of 250 square feet for the proposed structure. .. Listed above are the criteria that the Commission must determine exist prior to granting a variance.' It appears; with the exception of Item #3 that the variance requested does not meet the requirements of KMC 14.20.1 80. 1. There are no special conditions or circumstances present peculiar to the land or structures involved which are not applicable to °ther lands or structures in the same zoning district. 2. There are no special conditions or circumstances. 3. The granting of the variance is a permitted principal use in the zoning district in which the property is located. 4. Because the applicant recently received an encroachment for another structure, it appears that this is not a minimum variance. 5. Because the applicant recently .received an encroachment for the 0239 Comment.doc Page 3 same lot, it should not be misconstrued that additional variances should be allowed. In the cover letter provided by Mr. Craig, he provides information on landscaped areas not included in the lot size. Mr. Craig does not own the rights-of-way or the lawn area he has noted on the asbuilt drawing. The Commission when making a decision cannot consider this information. Information that may be considered is the lot size, the current lot coverage, the allowable lot coverage, and the variance request. KMC 14.20.180 states, "A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his property." The current structure on this lot has six residences. If' the variance is granted, the plan is to build an additional garage with living space above it resulting in possibly seven residences. Even without considering the current application, Mr. Craig certainly has reasonable use of his property. It is unclear from Mr. Craig's application what he means by living space. It should be noted that if the intent is to create .a seventh residence a conditional use permit is required. Mr. Craig will need to apply for the permit and meet the criteria listed as footnote 3 in the Land Use Table. It is the Commission's responsibility to insure reasonable development and to consider the effects .of development on the neighborhood. Mr. Craig has been fortunate to have access to both Toyon Way and Forest Drive. The location of his lot has provided access for off-street parking for his development. It is a concern that the proposed structure would be accessed from Toyon Way. Because of the angle when turning from Forest Drive onto Toyon Way, there is a concern that the new access may cause a safety issue especially in the winter months. During a site investigation on June 25TM, it was noted that the dumpster for the facility was placed in the right-of-way on Forest Drive. KMC 9.10.030 specifies the location of containers in the city, "No garbage containers or other containers for refuse shall be placed, stored, or located within the traversed right-of-way of a street or alley; provided, however, that such containers may be placed on the edge of the public right-of-way, but off the traveled portion, at 'specified places and times when such location is necessary for 'expeditious collection." The dumpster must be moved onto the applicant's property and location should be noted on a site plan. City Engineer: Access to the new garage is a concern. Also, available on-site snow storage is already limited. 0239 Comment.doc Page 4 Buildinq Official: Minimum parking requirements for 6 dwellings is 12. Currently there are 5 garages with 5 parking spaces in front of those garages. The 6th garage no longer has access to it due to landscaping. However, the new driveway might be considered as additional' parking but it is not developed yet. If the variances are approved, a building permit will be required for the addition. Public Works Manaqer- Street Department' The Highway Manual says the driveway to this structure should be 15 meters of 49.2 feet from the Forest Drive intersection. (This is for a 90- degree intersection.) Traveling south on Forest Drive, you have to turn 110 degrees to proceed west on Toyon Way. In past winters, many drivers have slid through this intersection and off the road into this area of the proposed driveway. This driveway presents a third potential vehicle conflict in .this area (with someone backing out of the driveway.) Parking for this six-plex has presented a pr°blem. Many vehicles are parked on the street causing clean up and sweeping difficulties and sight safety issues from the intersection. An area for snow storage should be taken into consideration and required on the lot. Presently the snow is being pushed off the lot and this should'not be allowed. There is no storage area for the existing driveway. RECOMMENDATIONS 'Based on the above findings of fact, recommend the variance for front setback requirements and maximum lot coverage be denied. If the Commission decides to grant the request, it is recommended that as a minimum the following be required' 1. That a registered surveyor locate and mark property corners and the corners of the proposed structure and that a plot plan is provided for the building permit. 2. That after the construction is complete, that an asbuilt survey is provided to the City to verify the setback, as set by the variance, was met. 3. That prior to the building permit being issued, that the proposed use of the living space be clarified and if a seventh residence is proposed that a Conditional Use Permit must be approved. 4. The driveway access can be a maximum of 12 feet wide and 0239 Comment.doc Page 5 Se g must be located within one foot of the northwest property line. The property owner is to be responsible for relocating utilities in conflict with this driveway. That disturbed areas be landscaped; including the area excavated in the City's right-of-way. Due to the size of this development, that a site plan be required that verifies parking, snow storage, dumpster location, driveway access, and all structures on the site be noted. ATTACHMENTS: 1. Resolution No. PZ02-39 2. Application 3. Drawings CITY OF KENAI. PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ02-39 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KE VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE' RANTING A NAME' F. DeWayne Craig ADDRESS' 406 South Forest Drive - P.O. Box 1613 LEGAL: Lot 1, Block 6, Redoubt Terrace Addit ;r~ 3 PARCEL NO' 04714024 WHEREAS, The Commission finds that Secti n 14.20.180 provisions of the zoning code may be grante 14.20.180 are met, and that a variance from the strict if all conditions specified in WHEREAS, the City of Kenai Planning and Zonin ~.on finds' 1. That an application meeting the requirements fo June 19, 2002 . 2.That this request is loc ed on land zon~ 3. That the applicant vari~ from t~ Development Req~ements - 4. a. Special con. d]/t. itons o rt involved wr~ct~e~t~ applicabl district. ; riance has been submitted and received on Suburban Residential pecified requirement of the Zoning code: nt Setback Variance; Lot Coveraqe are present which are peculiar to the land or structures to other lands or structures in the same land use or zoning b. The special condi ons or cin mstances have not been caused by actions of the applicant and such conditions an circum/stances-do not merely constitute pecuniary hardship or inconvenience. \ / c. The granting of the va-~.i~/nce 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 y'ariance is the minimum variance that will provide for the reasonable use of the land and/or s~ructure. e. The granting of ~e variance is.not based upon other non-conforming land uses or structures within the sale J~nd use or zoning district. ! ! 5. That a duly adver/fised Public Hearing according to KMC 14.20.153 was conducted by the Commission on/luly 10, 2002. 6. 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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 10, 2002 ., CHAIRPERSON' ATTEST: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 9O7-283-7535 DATE' ~..~j----~zw<.. [~, 2. 002_- APPLICATION FOR VARIANCE PERMIT NAME: iF ' ~'~,~., MAILING ADDRESS: STREET ADDRESS: PHONE' LEGAL DESCRIPTION' KPB PARCEL NUMBER: PROPERTY ZONING' I AM REQUESTING A VARIANCE FROM (~State section of Kenai Municipal 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 CONDITIONS. ~ 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 aar. ocedure sheet ) · r~'""r~q"r~red to post the property in question with a sign ad.V-.i,~iDg ,~hat'~he 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_.Jl of the following conditions exist as a prerequisite to issuance of a variance permit: · 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. · 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. ADDI:~I'I O NAL COMMENTS: Applicant's Signature=~;~,~,,.~_~,'V,,~_~''. Reviewed approved by the Planning Commission on ,2002. Chairperson' Attest: day of F. DeWayne Craig 406 S. Forest Dr. #6 P. O. Box 1613 Kenai, AK 99611 (907) 283-7842 June 18, 2002 City of Kenai 210 Fidalgo, Suite 201 Kenai, Alaska 99611 Attention: Planning, & .Zoning Re: Application for Variances- 406 S. Forest Drive Requested Variances: a) A five foot encroachment into the setback for living space over the new garage. b) An allowance of 250 sq. fi. for new building, which is 1.5% over the 30% allowed. 'Lot size is .......... i6,~52 sq. ftl ....... 30% building allowance is Existing building on the Lot Remaining allowance for building 4,965 sq. ft. 4,555 .sq. ft. 410 sq. fi. Information for your consideration: (see As-Built) Landscaped area not included in the Lot Size: Street right-of-way on Toyon 14 x 60 = Street right-of way on Forest Dr. 18 x 193 = 840 sq. fi. 3,474 sq. fi. Also, adjacent bluff property south of the Lot incorporated as yard: Landscaped = ('br~v~) approx. 2,500 sq. fi. Lawn area = l[~r~¢v,') approx. 7,000 sq. fi. With the landscaped street fight-of-ways and the adjacent south bluff property, there is approx. 30,366 sq. ft. The. 5,215 sq. ft. of existing and proposed building would be 17% of the overall developed land. Respectfully submitted, F. DeWayne/"'~'raig DArE Note: Lot City Woter LoI 1 Block t5 .. · o ,d Powerline 5' beyond Easement .~' ..... : ~.',~ . ...:t o ,: i- "~,~ ..~. . ;,2 ,,,..~.. · ..j. ;:. ?, '. ,I. · ' · .'t ,.f. ,t.....' . .' ~.;?,.:.:.. · .' ,..-~, , :.,~; · .'tG · ,.. ... .. :... : .:. i ~,}' 2" '3ra~s CoD Centerline Monument (found) I ' Gate: 28 A~r;i, 1997 F.B. ~: 97-1. pgs. 60-61 AS-BUILT/PLOT P_AN CERTIFICATION i i i · :".',"' ~' = 30' P;at'76-96 KENAI RECORDING DIS1R~CT ~[)ra¥,'n: ~.c.W W. 0. #: 970~5 Disk: O20\Redoubt Terrace ~'"',~T---- '_ ...... J'I___L _ i i ~ i i i Ii'~TEGRITY SURVEYS r .... ~w;-en Or;ve Knn~i. Alaska ggR11 r,,r~,.rv,~:~ PtION[ - (907) 283-9047 ......... . ...... PI ' tax --- (907) 785-9071 As-B~ilt Certificate I hereby cert ify that 'the improver'neats herec~n exist as' shown on the [ollowincj described property:. Lo.L..L_~loc.k. 6 .... .R_e.~.ub.L..~e, rroce__Sui;)_d.,_.A_.d~.~umber ,3 ___ and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the ~xi.~l,3_nc~ of any ~.asements. cnvenanl.% ar rc.~triclions wl~ich do not appear on [t;c recorded subdivision Under n~ circumstances shm~id any date hereon be used f~r c~nStruction o~ for establishing boundary or fence Iin{~s. 0 )N 'N,Ci(3~ o > ~ ~ 0 0 0 0 r,.9 c9 c9 0 Z IN THE MATTER OF THE APPEAL OF DEWAYNE CRAIG REGARDING DENIAL OF VARIANCE Case No. B A-02-3 I. DECISION The Planning and Zoning Commission's denial of DeWayne Craig's variance application (PZ02- 39) is upheld. II. PROCEDURAL HISTORY On June 18, 2002, DeWaYne Craig applied for a variance from the Development Requirements Table (KMC 14.24.020) for his property at 406 South Forest Drive. It is located at the comer of Toyon Way and South Forest Drive. The property is zoned Suburban Residential (RS). The current structures have six residences in them. The variance request had two parts to it. The first was to grant a variance of about five feet from the set back requirements on Toyon and South Forest Drive. Because it is a comer lot, the setback requirement for both is the same as that for a front yard (25 feet). KMC 14.20.030(a)(1). The second part of the request was to obtain relief from the Development Requirements Table limiting lot coverage to thirty percent.' KMc 14.24.020. According to Kenai Peninsula Borough records, the lot is .38 acres or 16,552.8 square feet. Thirty percent of that is 4,965.84 square feet. The current structure on the lot is 4,555 square feet. The proposed addition would require a variance of 250 feet over the limit. The application came before the Planning and Zoning Commission on July 10, 2002. Two people testified at the public heating. The first was Nelson Amen. Mr. Amen lives at 1508 Toyon Way, which is nearby the applicant's property. Mr. Amen opposed the variance. He was concerned about the proximity of the proposed driveway to the intersection of Toyon and Forest and the increase in the amount of lot coverage allowed by the proposal. Mr. Craig spoke in support of his application. He stated that the amount of landscaped fight-of- way should be considered, not just the size of the lot itself, and that the driveway's proximity to the intersection was not a problem. He also argued that parking and snow removal would be adequate for the site. After discussing the issues, the Commission voted six to zero to deny the variance application. On July 24, Mr. Craig filed a timely appeal to the Board of Adjustment under KMC 14.20.290. Board of Adjustment Decision on Appeal by DeWayne Craig Page 1 of 4 III. PUBLIC HEARING ON THE APPEAL The Board of Adjustment heard the appeal on August 21, 2002. Two people testified at the public hearing. They were the same people who testified at the Planning and Zoning Commission hearing: DeWayne Craig and Nelson Amen. The testimony was generally along the same lines, as was presented at the commission, except that the Board asked Mr. Craig a number of questions regarding his proposal and the variance. Mr. Amen, as he did previously, opposed the variance. While this Board may take neighborhood opposition into account, that alone is not sufficient grounds to deny a variance request. South Anchorage Coalition v. Coffey, 862 P.2d 168, 172' n. 11 (Alaska 1993)(Community opposition may be taken into account, but it alone is not sufficient to deny a permit). IV. DISCUSSION AND FINDINGS KMC 14.20.180 defines a variance as a "relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property of the reasonable use of his property." KMC 14.20.180(c) provides five review criteria for a variance permit. In order to grant the variance permit, we must find'all of the five criteria have been met. Ae The first criterion is whether "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." We cannot find any special conditions or circumstances peculiar to this parcel. The variance is needed because the applicant wishes to expand the size of the structures to greater than the 30% ordinarily allowed in the zoning district. That does not create special conditions or circumstances under KMC 14.20.180(c)(1). Be The next criterion is whether the special conditions or circumstances have been caused by the applicant or are merely inconvenience or monetary hardship. We have already found there are not special circumstances or conditions. Even if we had, the desire to expand the structures beyond that allowed by the Development Requirements Table is a circumstance caused by the applicant. 'Moreover, since the property already has six residences on it and is fully developed, we find denial of the variance would merely result in inconvenience or monetary hardship. KMC 14.20.180(c)(2). Ce The third criterion is whether the granting of the variance would authorize a use that is not permitted in the zoning district. The variance would not authorize a use that is not allowed in that zoning district. The zoning district is suburban residential (RS). The application states the Board of Adjustment Decision On Appeal by DeWayne Craig Page 2 of 4 six residences on the premises currently would not be expanded to seven. are an allowed use in the RS zone. We find the third criterion has been met. KMC 14.20.180(c)(3). Six family dwellings De The fourth criterion is whether the granting of the variance would be the minimum that Would provide for the reasonable use of the property. The existing premises has six residences on it. Reasonable use of the property exists without the variance. Because of~that, we find that denial of the variance would not fail to provide for the reasonable use of the property. KMC 14.20.180(c)(4). me The final criterion is whether the variance is based upon other non,conforming land uses or structures with the same land use or zoning district. The property land use is a conforming land use within the zoning district and woUld remain so if the variance were granted as applied for. The Planning and Zoning Commission approved a permit for one encroachment of 4.8 feet into the front yard setback. However, them remain two long-standing encroachments on the main building; the building encroaches 2.2 feet in the rear yard setback and 9.9 feet in the Side yard setback. Because of that, the variance is based upon a non-conforming structure. We find the fifth criterion has not been met. KMC 14.20.080(c)(5). V. CONCLUSION In order to grant the variance request, we must find all of the five criteria of KMC 14.20.180 have been met. Only one of the five has been met. Therefore, we must uphold the Planning and Zoning' Commission's denial of the variance application. DATED this //~'7~d'day of September 2002. Linda oard Member es C. Bookey III, Board Me~be~' Board of Adjustment Decision on Appeal by DeWayne Craig Page 3 of 4 Duane Bannock, Board Member Joe Moore Joe Moore, Board Member Pat Porter, Board Member A an, Board Member 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 of Adjustment Decision on Appeal by DeWayne Craig. Page 4 of 4 The following provides a chronological history of permitting for building and zoning issues for the property located at 406 South Forest Drive' DATE July 7, 1982 July 18, 1990 September 11, 1996 July 23, 1997 August 25, 1997 September 3, 1997 June 30, 1998 June 23, 1999 CITY OF KENAI PERMIT INFORMATION- 406 $. FOREST DRIVE Building permit B-1824 was issued for a 4-plex with a detached 24X50 garage. Setbacks were noted as 25' front, 15' side and 20' rear. Inspections were performed 6-15-82 through 2-1-83. CO #0242 was issued on 2-1-83 for a 4-plex. Building permit B-2823 was issued for a glass solarium. Howard Hackney performed an inspection on 1-3-91. PZ96-59- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for Daily Rentals. The Commission denied the request. No appeal was filed. PZ97-34- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for a Bed and Breakfast. The permit was approved. Building permit B-3440 was issued for a 600 sq. ft. garage addition. Minimal plans were provided. An as built was provided in which an encroachment was noted on the existing 4-plex. Since the permit was requested for a garage addition to the separate garage building and it did not increase the non-conformity of the existing 4-plex it was issued without requiring an encroachment permit. Inspections were performed 9-3-97 through 11-8-00. An inspection was performed on the underground plumbing for a bathroom not indicated on the submitted plans. At that time Mr. Craig did not indicate the use of this structure to have changed and a bathroom is allowed by code in a garage. (B-3440) During a framing inspection it was discovered the garage addition had a second floor and Mr. Craig indicated it would be used as a bedroom. He was then informed of the building code requirements for installation of a bedroom. (B-3440) PZ99-25 - Redoubt Terrace Subdivision Bluff View Condominium Preliminary Plat reviewed and approved by Planning & Zoning Commission with recommendations that prior to plat being recorded that the plat verify no encroachments existed and that the building was constructed to required building codes for use. July 23, 1999 September 13, 1999 November 8, 2000 May 23, 2002 June 12, 2002 July 10, 2002 July 12, 2002 July 16, 2002 Redoubt Terrace Subdivision Bluff View Condominiums recorded without meeting recommendations of City of Kenai. During a final inspection it was discovered that Mr. Craig was living in the upper floor and a portion of the garage area but indicated the garage would still be used as a garage. Corrections were required for compliance with building codes. (B-3440) A final re-inspection was performed on permit B-3440. Previous corrections had been completed. No as built was provided and no CO was issued. Mr. Craig applies for a building permit to build a garage/storage addition to be attached to the previous garage built under permit B-3440. PZ02-32 - The Planning and Zoning Commission held a public hearing on an application for an Encroachment Permit for a 4.8-foot front setback encroachment resulting from the conversion of the garage to living space. The permit was approved. (Building Permit B-3440.) PZ02-39 - The Planning and Zoning Commission held a public hearing on an application for a Variance for lot coverage and front setbacks. The Commission denied the request. Mr. Craig appealed decision to the Board of Adjustment. Mr. Craig was notified by mail of a need to get a permit for the conversion of the garage built under B-3440 to living space. At this time he was first notified of the encroachments to the existing 4-plex built under permit B-1824. In this same letter Mr. Craig was notified of denial of a building permit for a proposed addition to the structure built under permit B-3440 because of too high of a lot coverage. Mr. Craig was notified of requirements necessary to obtain approval of a revised plan to the one he submitted on May 23, 2002 for a building permit for a proposed addition to the structure built under permit B-3440. Mr. Craig did not agree to these requirements; therefore, no permit was issued and he submitted a different plan. 406 S. Forest Drive January 12, 2005 Page 2 July 19, 2002 July 24, 2002 July 26, 2002 August 21, 2002 September 9, 2002 September 19, 2002 September 19, 2002 September 20, 2002 October 1,2002 June 16, 2003 Building permit B-3902 was issued for the conversion of the garage built under permit B-3440 to a residential use. The garage met the setback requirements but since the building was converted to residential use an encroachment now existed. The Planning & Zoning Commission granted Mr. Craig an encroachment permit for this. (PZ02-32) Mr. Craig resubmitted plans for an addition to the building built under B-3440. After review of the revised plans, Mr. Craig was notified of denial of building permit for an addition to the building built under B-3440 due to several building and zoning code issues. Board of Adjustment held the appeal hearing on PZ02-39. Mr. Craig submitted a revised plan for an addition to the building built under permit B-3440. Building permit B-3938 was issued for an 816 sq. ft. residential and 408 sq, ft. garage addition to the building built under permit B-3440. Two floors 'of residential use over the garage were indicated in this permit. This permit was issued with a plan review letter stating the requirements for approval. Mr. Craig initialed the bottom of the letter acknowledging that he read and agreed to these requirements. Inspections were performed 10-1-02 through 8-4-03. The Board of Adjustment issued their decision on the appeal of PZ02-39 and upheld the Planning & Zoning Commission's denial. Mr. Craig was notified by mail that the setback requirements had been left off the permit B-3938 that was issued on 9-19-02 and was then clearly stated what those requirements were in that letter. During the footing inspection for building permit B-3938, it was noted that the setback distance appeared to be 25'9" from the Toyon Way property line to the closest corner of the building. Mr. Craig was informed again that an as-built survey would be needed to verify this distance prior to final inspection. During an electrical/plumbing inspection it was noted that no access to the third floor was present. Mr. Craig now indicated access would be through a solarium and stairway from the existing building. 406 S. Forest Drive January 12, 2005 Page 3 June 17, 2003 December 17, 2003 December 30, 2003 August 26, 2004 August 30, 2004 September 1, 2004 September 22, 2004 October 5, 2004 October 13, 2004 October 13, 2004 Mr. Craig was notified by mail of additional correction requirements for the electrical and plumbing inspection dated 6-16-03. The letter also stated that access was not provided to the third floor as required by the plan review letter for issuance of permit B-3938 dated 9-19-02 and accepted. Since Mr. Craig now indicated access would be through a solarium and stairway from the existing building, he was notified that an additional building permit would be required to construct this. Diane Craig sent letter-requesting copy of building code that states access to 2® and 3r° floor from inside unit. Responded to Ms. Craig's letter of 12-17-03 and again notified them of the requirements of the plan review letter for issuance of permit B-3938. Letter to Diane Craig explaining the zoning for the parcel and that the structure, is considered multi-family. Explained that a condominium would require a Conditional Use Permit and that an Encroachment Permit would be required for the rear and side setback encroachments. Meetingl. with DeWayne Craig, Building Official, and City Planner. Reviewed the zoning code requirements for setbacks and condominiums and provided applications for both permits. Letter received from Attorney Mark Osterman representing the Craigs and questioning the City's definition for dwelling. Mr. Osterman believed that requiring an interior staircase (Building Permit B-3938) was made without basis and requested the City reconsider the requirement. Applications received for an Encroachment Permit and a Conditional Use Permit from the Craigs. Letter fr°m City Attorney Cary Graves in response to Mr. Osterman's letter advising that the conditions of Building Permit B-3938 would not be Changed. PZ04-43- Planning & Zoning Commission held a public hearing on side and rear setback encroachments. Commission voted to separate the issues into two permits. The rear setback (PZ04-43 (b)) was approved with condition that any other encroachments be resolved prior to issuance of permit. Side setback (PZ04-43 (a)) approved with above condition and stipulation that adjoining property owner concur PZ04-44- Planning & Zoning Commission held a public hearing on an application for a CUP for converting the 6-plex to a condominium. Commission tabled the hearing to October 27, 2004. 406 S. Forest Drive January 12, 2005 Page 4 October 14, 2004 October 21,2004 October 27, 2004 October 27, 2004 November 17, 2004 November 29, 2004 December 17, 2004 City Attorney Graves determined that an adjoining property owner could not be asked to make a legally binding decision on a neighboring property. Commission Bryon requested item be placed on agenda for reconsideration on 10/27/04. City Attorney Graves rules that CUP for condo not required per State Statute. Letter was sent to the Craigs and the Planning Commission notified that the item should be removed from the agenda. Planning Commission removed PZ04-44 from the agenda as advised by Attorney Graves. PZ04-43 (a) Reconsidered by the Commission. Permit denied. Appeal hearing convened. Continued to 11/29/04 Appeal. hearing. Board of Adjustment decision issued. Planning Commission's decision reversed - appeal granted. 406 S. Forest Drive January 12, 2005 Page 5 January 20,. 2005 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 F. DeWayne Craig PO Box 1613 Kenai, AK 99611 Dear Mr. Craig: I have reviewed your plans for the proposed solarium/stair addition that provides access to the third floor. The proposed addition will modify the plan that Permit B-3938 was issued for bringing the building into compliance with the plan review requirements for that permit. After conferring with the City Attomey, it was determined that we cannot issue the building permit for this addition until the latest encroachment issue has been resolved. However, I will notify the Planning and Zoning Commission that you have submitted plans for a building permit that will bring the building into compliance with the requirements for Permit B-3938. The plans have been approved, but a permit will not be issued until the encroachment issue is resolved. A plan review letter will be provided when the building permit is issued listing the following code requirements: 1. Stairways and doors leading to stairways must be at leaSt 36" in width. 2. Handrails must be from 34" to 38" off the tread of the stairs. 3. Handrails must extend from the bottom to the top of the stairs. 4. Handrails must turn into the walls at each end. 5. Stair tread depth must be at least 10". 6. Stair riser height must be no more than 7 %". 7. Thelanding area outside each door must be at least 3' X 3'. 8. Windows within 24" of an opening door must be safety glazed. 9. The roof rafters must be designed for the span indicated. Additional code requirements, not listed above, may be noted during inspections. Robert C. Springer Building Official, City of Kenai Cc: Cary Graves, City Attorney MadlYn Kebschull, City Planner CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM To' From: City of Kenai Planning and Zoning Commission Robert C. Springer, Building Official Date: 1-20-05 Re: 406 South Forest Dr. DeWayne Craig Building This memo is to notify the Commission that Mr. Craig has submitted a plan for an addition of a stairway/solarium over unit 6, the one he lives in. This will connect unit 6 to the third floor of the structure with the current encroachment. Constructing this addition will bring the building into compliance with the plan review requirements for issuing Building Permit B-3938, the garage with two floors of living space above. The plans have been approved but I will not issue a permit for this addition until the latest encroachment issue has been resolved. STAFF REPORT To: Planning & Zoning Commission Date' January 14, 2005 Res: PZ05-07 GENERAL INFORMATION Applicant: Stcphanie Owens 235 Eiscnhower Lane Kcnai, Alaska 99611 252-1890 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation- Daycare Lot 4, Block 5 Thompson Park Subdivision No. 2 235 Eisenhower Lane 04927004 RR- Rural Residential Residential RR- Rural Residential KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Applicant is aware the code allows her to watch up to 8 children including her own from her residence. The floor plan is the same sent to the state for licensing approval. The proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on January 6, 2005. If the day care is still in operation, a follow-up will be required on January 6, 2007. RECOMMENDATIONS ATTACHMENTS: 1. Resolution No. PZ05-07 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-07 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Home Daycare OPERATED BY: (Type of Permit) Stephanie Owens LOCATED: 235 Eisenhower Lane- LA, B5, Thompson Park Subdivision No. 2 (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04927004 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and received on January 12, 2005. 2. That the application has been reviewed by the Commission at their meeting of January 26, 2005 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. , That the following additional requirements have been established by the Commission as a condition of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 26th day of January_ 2005. Chairman: ATTEST: HOME OCCUPATION PERMIT APPLICATION _ } - 5'-O ct' ! MAILING ADDRESS: PHYSICAL ADDRESS: LEGAL DESCRIPTION: PARCEL NUMBER: ZONrNO: e,K DESCRIPTION OF OCCUPATION: Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Iqome Occupations in reSidential zones, subject to the following conditions: · Not more than one person outside the family shall be employed in the home occupation. * No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site plan showin~ square footage 0.f all structures on the lot, including the residence and ~n~accessory -- struct'ures. In addition, ~how parkihg areas and traffic 'p~tterns. dearly mark the area to be used for the home occupation. · The home occupation shall be carried on wholiy within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Signature: (,~~OhflB, 1c ~" .. ~ Date: Application reviewed and approved by' '~1~~~ ~onifig omcia~ ~" - ~ Date: Approved by the Planning & Zoning Commission. Date: E:\Wodocs\FORMS\HOME OCCI IPATION PER MIT A PPI .It'" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ KENAI, ALASKA M MO: TO: Planning & Zoning Commission FROM' Marilyn Kebschull, Planning Administrator i DATE' January 18, 2005 SUBJECT: Condominium Definition Administration is proposing amending Title 14 to include a definition for condominiums. Attorney Graves has proposed the following definition' "Condominium" means a common interest ownership dwelling in which (A) portions of the real estate are designated for separate ownership; (B) the remainder of the real estate is designated for common ownership solely by the owners of those portions; and (C) the undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010) "condominiums" shall be treated as two or more family dwellings. For example, a four-unit condominium building would be treated as a four family dwelling. A public hearing will be scheduled to add the definition. Does the Commission have any concerns with the proposed definition? If so, the information will be provided to the Attorney for consideration. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ 1992 KENAI, ALASKA MEMO: TO: FROM: Planning & Zoning Commission Marilyn Kebschull, Planning Administrati DATE: January 19, 2005 SUBJECT: Lease Application, Portion of Tract A, General Aviation Apron No. 2 - Charles E. & Helen L. Tulin The City of Kenai has received a lease application for a portion of Tract A, General Aviation Apron No. 2. The property is in the process of being subdivided. (See attached information provided by K. Howard.) The Planning Commission must determine if the intended use complies with the zoning ordinance and the Comprehensive Plan. The proposed parcel is zoned IL- Light Industrial. The applicant plans to construct a hub for Federal Express and general aviation support. A portion of the property will be used for transient aircraft parking. The land use table lists airports and related uses as permitted. The City of Kenai Comprehensive Plan Land Use Plan shows the parcel as Airport Industrial. The Airport Land Use shows a portion of Tract A as subdivided and available and a portion as reserved for a future itinerant apron. It appears the proposed use complies with the zoning ordinance and the Comprehensive Plan. The Airport Commission will review the lease at a special meeting just prior to the Planning Commission's meeting. The Airport Commission's recommendation will be provided to you orally at your meeting. CITY OF KENAi 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 M emoranclum Date' To' For: From: January 19, 2005 Kenai Planning and Zoning Commission Meeting of January 26~ ~/~// Kim Howard, Assistant to the City Manager Lease Application, Portion of Tract A, General Aviation Apron No. 2 Charles E. & Helen L. Tulin Charles E. & Helen L. Tulin have submitted a lease application for a portion of Tract A, General Aviation Apron No. 2. The property is in the process of being subdivided as shown on the attached Preliminary General Aviation Apron No. 4 plat. The Tulins propose to lease Tracts A-1 and A-2 under a 55-year term. The purpose is to construct a hub for Federal Express and general aviation support with an estimated construction cost of $2.5 million. The development plan for Tract A-1 is shown on the drawing in their lease application. Tract A-2 will be used for transient aircraft parking. The applicants are also exploring the possibility of constructing T-hangers on this tract. Tract A-3 will be reserved by the airport for additional transient aircraft parking in accordance with the current Airport Masterplan. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 55-year lease for a $2.5 million investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission will be reviewing the application at their January 26th special meeting Oust prior to the Planning and Zoning Commission's regular meeting). They will determine if the intended use complies with the Airport Masterplan. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and Comprehensive Plan of the City. The recommendations of both commissions will be forwarded to the Kenai City Council for lease application approval. Cc' /kh Charles E. & Helen L. Tulin Rebecca Cronkhite, Airport Manager Attachment Name of Applicant CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) .283-7535 Ext. 223 LEASE APPLICATION Business Name and Address_ Kenai Peninsula Borough Sales Tax No. (if applicable) _ State of Alaska Business License No. (if applicable)_ Dm~pfion of Pro~s~ Dev~o~ent (~e, co~cfion mat~~s, s~e, e~.) . T~e Sch~ule for ~os~ D~eloment ' ~~A~ ~h-O~ t~00~[C~ Beginning Date_. C~.u '.1~I~_ t.,,.. ,?O.o_?- Completion Date (m~~m of~o y~) - Es~at~ V~ue of~provem~ $ ~ , ~ ,,, APPLICANT'S SIGNATURe: " " Date: CITY OF KENAI LEASE APPLICATION CHeCKlIST (Ail items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawin~ do not nccd to be prepared by an architect or engineer. Show the layout ofthc lot and the location of all proposed improvements. Thc drawings also need to show the follow/ng. 1. Existing buildings 2. Proposed buildings Perk/nE facilities (how many spaces and location) 4~ Site improvements · Areas to be cleared and method ofdisposal (retention of natural vegetation and/or proposed planting areas) 5. Building sci backs 6. Drainagc plan and method of snow remove] 7. Circulation plan (aH entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing- permit required if height is over 6' 10.Curb cuts (where applicable) 11. Building height '~ ~~/_/~ o 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by thc applicant. It can be downloaded from the FAA website ,/// ht_m://~,alaska._.faa, gov/~ __rp..,,orts. Thc site has a menu for fmms. ~////~7~ TOTRL P. 01 Subject Property U.S.S. ~o~_~ o ?§~ ,/ /[ // o uz S00°07°30"E ~- ._~.~ 3791.23' m~ ~ 6 0 , approx.', ;.-~.., T~NS~O~MER ~, ~ s.~- . 1.~ fa_. ,, ~ 1' fd. / 150.00 ~..*k--'-' 500. oo r.h. ~,a b., - ..... -[ih -, ~ '; unclercjrouna telephone 8, parer 60 TRACT 'A ' 20' utility easement set rebar · 0 ' f al~rox, kX:., f unaer~round power set _, ,_ ~eOa~_ _ _ ~.appmx.loc., burie~ F.A.A. control cable S'28°'4 2"W' see ~ I00.00- - 2E8,$81 s.f. 5.E45 :~5 0 '00 IO'util. easmt. WILLOW ~ 28°. 42' E approx, loc., a~ro x. Oi t y Sewer II '1 CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE , (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Permits Required' Conditional Use Permit · Landscape Review · Building Permit Sign Permit Assessments Insurance Limits Required Construction must begin by Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF THE LEASE KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 t992 M MO: TO' Planning & Zoning Commission FROM' DATE' Nancy Carver, Planning Assistant~ January 20, 2005 SUBJECT' Code Enforcement 2004 Year End Report The Code Enforcement Officer has provided an update on code violations for 2004. Attached are the pending code violations. Total complaints for 2004' 53 Pending violations from 2004' 14 Citations issued' 0 o u3 ~0:Z 0 qD L~ 0 0 0 ~- 0 0 ~ 0 0 0 0 0 0 I',.. 0 0 0 0 0 N (D 0 0 0 0 0 0 0 _. C,,I 0 LO 0 ~-L~ O0 ~- 0 ~o'~ 8-- 8 · .~ _~ -~ oo , > g.,-q 0 - o~ · ~+ o r-Oil. ol o ~.~ E · 0 0 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JANUARY 19, 2005 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 *Ail 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) . Donna Peterson, KPB School Superintendent -- Transitions Occurring in the Local Schools and General Briefing. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCII~ ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS Ordinance No. 2076-2005 -- Increasing Estimated Revenues and Appropriations by $150,892 in the Senior Center Kitchen Capital Project Fund. . Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $36,000 in the General Fund to Replace Radio Communication Equipment. a. Substitute Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $26,000 in the General Fund Communications Department to Replace Radio Communication Equipment. , *Liquor License Renewals -- · L&J Enterprises, Inc., d/b / a Three Bears · Oaken Keg Spirit Shops, Inc., d/b/a Oaken Keg Spirit Shop # 1808 · Peninsula Offers Baseball Club, Inc., d/b/a Peninsula Offers #846 · George & Ekaterini Pitsilionis, d/b/a Pizza Paradisos · KMart Corporation, d/b/a KMart Liquor #3623 7/~4. Liquor Licenses -- Objection to Continued Operation ~ ~/ · Alaska_lanes, Inc., d/b/a Alaskalanes Bowling Center ~/~' · Paul M. & Sandra J. Vozar, d/L~/a Old 'I'oYwn vlilage Restaurant · Kings Inn property Management LLC, d/b/a Kings Inn Hotel, Restaurant & Lounge, LLC · Amy & George Bowen, d/b/a One Stop ITEM G: MINUTES o *Regular Meeting of January 5, 2005. ITEM H: OLD BUSINESS Approval -- Kenai City Council Student Representative Policy ITEM I: NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2078-2005 -- Amending KMC Title 17 Entitled, "Public Utilities and Enterprises" and "Public Utility Regulations and Rates." *Ordinance No. 2079-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund for a Grant for Police Exercise Related Training Equipment. ITEM J: Discussion-- Town Clock COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 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 Rick Foster Ho~er City Term Expires 2007 Mad Anne Gross Southwest Borough Term Expires 2005 Lynn HoN Seward C~ Term Ex, ms 2005 Blair MaffJn Term Ex, res 20C~ Ray Tauriainen Northwest Bomugh Tam Ex, res 2005 ALTERNATES William Hutct~nson Term Expires 2007 Todd Petersen East PeninaJla Term Expires 2007 A. a. C. D. KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTi:~TION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 6:30'p.m. January 24, 2005 Tentative Agenda R,E,.C jAN'2 0 Zuub CITY OF KENAI ,P, LAN,,N!NG_ DiE PAR____.~T_.M_ EN/ CALL. TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MI'NUTES ,, Agenda Member/Alternate ExcUsed Absences 3.. Minutes a. January 10, 2005 SUBDIVISION PLAT PUBLIC HEARINGS . Marysville No. 4 (Postponed from October 25, 2004) KPB 2004-277 [Imhoff/Trimble] Location' West of Old Sterling Hwy in Anchor Point Anchor Point APC · . Ninilchik Airport Heights 2005 Addition KPB 2005-025 [imhoff/Trimble] Location: South of Oilwell Road in Ninilchik . Cowgill Acres No, 4 KPB 2005-022 [Freeman/Whip] Location: South of East End. Road in Homer K-Bay APC . Dionne Subdivision Lynx Addition (Final Plat) KPB 2004-194 [Eastham/Link] Location: West of Sterling Hwy in Ninilchik . Glen Thomas Subdivision KPB 2005-024 [Johnson/Thomas] Location: East of Sterling Hwy in Ninilchik E. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED F. PUBLIC COMMENT G. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held February 14, 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~@bomu~h.kenai.ak, us web site: www. borou.qh.kenai.ak, us/planningdept KENA! PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA January 24, 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 Mad Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn H ohl PC Member Seward City Term Expires 2005 William Hutchinson PC ~Member Ridgeway Term Expires 2007 James'lsham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. B, O. Eo F. 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 co.mment 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 Plats Granted Administrative APproval *3' Plats Granted Final ApprOval (20.04.070) - None 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 *7. Minutes a. January 10, 2005 Plat Committee Minutes b. January 10, 2005 Planning Commission Minutes PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) UNFINISHED BUSINESS- None PUBLIC HEARINGS . Vacate Julie Avenue and associated underlying section line easements: the 30-foot right-of-way and utility easement granted along the north boundary of 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 Go H. J. K. Lo Mo N. O. Po Qo , . . Lot 8 Martin Subdivision (Plat HM 63-698) and the associated underlying 33 or 50-foot section line easement, if any, within Section 5, Township 6 South, Range 12 West; and the 33-foot right-of-way dedicated along the south boundary of Tracts 1 and 2 Schroer Subdivision (Plat HM 75-22) and the underlying 33-foot section line easement; and the 33-foot right-of-way dedicated along the south boundary of Tract 1-A SchroerNValker Replat (Plat HM 95-15) and the underlying 33-foot section line easement, within Section 32, Township 5 South, Range 12 West; all within the Seward Meridian and Kenai Peninsula Borough, Alaska.. KPB File 2005-009. Petitioners: John W & Lynn Bittner of Homer and Rita & Edwin Kilcher of Fritz Creek, AK. Location: West of East End Rd in Homer . Vacate a 40' Public Use Easement adjacent to Lots 1 thru 13 Block 2, dedicated by Sumpter Subdivision (Plat KN 525); within Section 12, Township 5 North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2005-023. {Staff Note: 20' utility easements will be granted as requested by utility company). Petitioners: Judy Warren, Stacie Sandoval, John Menz and Sterling Senior Citizens of Sterling,' AK. Location: South of Sterling HwY in sterling. ~ VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS SUBDIVISION PLAT PUBLIC HEARINGS . The Plat Committee' is scheduled to..review five plats. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHER/NEW BUSINESS ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED ORDINANCE 2000-50 UPDATE: Update of Ordinance 2000-50 Activities 10/01/03 to 12/31/2004. The Kenai Peninsula Borough Assembly passed Ordinance. 2003-021 on June 17, 2003.' Ordinance 2003-21 extended the termination date of Ordinance 2000-50 to July 1, 2006. City of Kenai Planning & Zoning Commission Minutes- December 8, 2004 United States Department of Agriculture Scoping Letters FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held February 14, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY' PLANNING COMMISSION MEETINGS AdVisory Commission Meeting Location Date Cooper Landing Cooper Landing Community Hall February 9, 2005 Anchor Point Anchor River Inn February 1, 2005 February 15, 2005 The Kachemak Bay Advisory Planning Commission ~s inactive at this time. Time 7:30 p.m. 7:00 p.m. 7:00 p.m. 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. PLEASE NOTE , Comprehensive Plan Work SesSion Monday, January 24, 2005 1:30 p.m. Kenai Peninsula Borough Conference Room A & B CONTACT INFORMATION KENA! PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2.200 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak, us web site: www. borough.kenai.ak.us/planningdept PLANNING ~s ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Kenai City Council Chambers Commission Member Name Home Business Email Address Term and Address Phone Phone Ends Nelson Amen 283-6085 776-8191 namen(~tes°r°Petr°leum.c°m 2006 P.O. Box 357 Kenai, AK 99611 **Carl Glick 283-7644 2007 P.O. Box 528 Kenai, AK 99611 .. Phil Brys°n 283-4428 283-4672 2007 P.O. Box 1041 Kenai, AK 99611 *John Hammelman 283-7280 283-5507 (p) jhammelman@un°cal.c°m 2008 4570 Kenaitze Court 776-6750 (f) Kenai, AK 99611 L. Jay Barrett 398-1868 theiaybob(C~maC.c°m 2008 P.O. Box 821 Kenai, AK 99611 Jeff Twait 283-3919 262-2493 jtWait(~gci, net 2006 1808 Julie Anna Drive Kenai, AK 99611 Barry Eldridge 283-7152 lridgebb(~ptialaska.net 2006 2679 Bowpicker Lane 283-7152 (f) Kenai, AK 99611 Council Member Rick Ross 2838497 rossrck~_~hotmail.com 1505 Kittiwake Court Kenai, AK 99611 Council Member 'JOe Moore 283-461© 262-7478 (p) cpaj°e(~_,altr°gC01CoTM 1006 Inlet Woods 262-6107 (f) Kenai, AK 99611 *Chair **Vice Chair (1 / 13 / 2005) BOARD OF ADJUSTMENT HEARING JANUARY 4, 2005 7:00 P.M. KENAI SENIOR CENTER CHAIR PAT PORTER, PRESIDING Appeal of Planning & Zoning Commission Denial of PZ04-49 -A Conditional Use Permit for a Recreational Vehicle Park for the Property Known ~t~ KN' TOSN Rl lIV S 17 South 460 FT of the $1/2 SEll4 SW1/4 Lying North of the Northerly Right-of-Way of Kalifornsky Beach Road (725 Baleen Avenue), ,Kenai, Alaska. Application submi~ed b~ Blue Sk~ Pilots Tr~s~ Mae H. Brower~ Managing Director, P.O. Box 9475, Spokane, Washington. Board Members PreSent· Gilman, Ross, Massie, Swarner, Moore, Porter ~ Board Members Absent: Butler Staff Present' City Clerk Freas, City Manager Snow, City Attorney Graves, City Planner Kebschull; Public Works Director La Shot Chair Porter called the hearing to order at 7'00 p.m. pOrter drew attention to the material'provided outlining the procedures for the hearing. Porter explained, a ten-minute period would be afforded to the applicant to give testimony and ten minutes for the property owners' spokesperson, Karen Koester. The general public would then be allowed three each. Porter requested the individual provide their name and address then the City Clerk will affirm the statement. The applicant, Blue Sky Pilot's Trust had no representation present. City Clerk Freas performed the swearing in of Karen Koester. Verbatim Begins Karen Koester~ 845 Set Net Drive, Kenai, Alaska- Thank you Honorable Council. 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, rural 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. Zoning is intended to prohibit uses that would violate the character of the environment and produce heavy traffic in predominantly residential areas. On page 37 of the Comprehensive Plan in the Framework of the Future, it specifically discusses neighborhoods concerns with commercial development near residential neighborhoods.., neighborhood areas, as conditional uses or through rezones. 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 but adhering to the established zoning plan is. We are united in our neighborhood opposition. On November 20th I had nearly 60 neighbors at my home. The City has been flooded with emails. With limited time we easily gathered 220 petition signatures representing 130 of a 150 of the homeowners of this neighborhood. Nearly 90 people attended the Planning and Zoning meeting and 29 spoke in opposition. Of the three people speaking for it none live in our neighborhood. There was a suggestion that our neighborhood doesn't support local businesses here, yet residents of VIP have willingly provided year-around patronage to businesses across K- Beach, one for over 20 years. This RV park proposal is poorly conceived. On this largely undeveloped 16 miles stretch of K-Beach Road the proposers managed to purchase the only large piece of property within City limits that's zoned rural residential and is within an established quiet, residential neighborhood; even with the tree buffer it's still an incompatible, commercial RV park within a residential neighborhood. According to KPB Assessing, Paul Knight, there are a total of 248 lots in VIP Subdivision with 155 homes and 93 vacant lots. The current total assessed value for 248 lots is $27,261,900.00. We have seen steady growth in this increasingly desirable family oriented residential neighborhood. As permanent residents we support our community and a daily basis and we're concerned about water tables, land, home values, particularly if the proposers don't find this to be'a profitable venture, as other RV parks before them have found. If our residential zone and character remain intact, values and contributions will only increase with continued residential growth. I contacted three RV parks about this proposal and they indicated to me that RV'ers want to be on or see water first and foremost then have full hookups and privacy and a minimum. They surmise that based upon their experience in this poor location the proposed commercial RV park might be full for just three weeks. Kenai Landing fits the desired location and is expanding to accommodate more RV's and we don't object. The proposers claim in... in their November 28th letter to the City that their park will attract RV's in excess of our home value yet I doubt they will discriminate and turn business away based upon the size or the condition of an RV if they can pay the fee. DEC employee David Johnson has stated that this commercial RV park must have engineered designed well and septic system with minimum requirements before they can even operate. The RV proposal includes starting with three dumpsters and three porta-potties and then in 5 years they plan to apply to DEC for septic and water needs; clearly a DEC requirement violation. DOT normally denies requests to gain access of State roads when there's an alternate access. In this case there are three alternate access roads all of which would route RV's directly into our neighborhood streets. Even the proposer acknowledges in hiS November 28th letter that there are shortcuts directly through our neighborhood that can save one mile in getting to Cannery Road. The proposers have tried to put on a good face before the City and indicate they want to be good neighbors; yet we've not been contacted. During public testimony and at the Planning and Zoning Commission many neighbors gave impromptu, emotional testimony regarding concerns over increased traffic and noise as well, as well as health, safety issues and more importantly what the character of our neighborhood means to them and no one made it personal. In the proposers two letters to the City, dated November 23rd and November 28th, and in da...and in a... in a December l0th quote in the Clarion you will find personal attacks, sarcasm and perceived threats directed towards our neighborhood. The RV park application clearly states they plan for a 160 site commercial RV park at 2.5 people that equals 400 people; yet at the BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 2 December 8th Planning and Zoning meeting the proposer stated it would have 100 sites whereas the December l0th Clarion' article quoted them as developing 4 of the 10 acres; or else they'd put in a mobile home trailer park. Four different scenarios; a poor plan, a poor location, personal attacks, sarcasm, threats, VIP neighbors ask that the Council listen to the Planning and Zoning Commission and to the residents of our neighborhood. We are an important and permanent part of Kenai's infrastructure that must live with whatever consequences this proposal might burden us with if their application is approved. We have legitimate concerns regarding the potential for water table problems and contaminations as well as the decrease in our neighborhood property values. Additionally, we share concerns regarding the increase in traffic, noise, litter and crime being brought directly into a.. into our neighborhood with this proposal. The Kenai police and fire departments have expressed many our c...concerns in their written testimony provided to the Planning and Zoning Commission as well. The proposer states that they will have rules for the 40 or so transient visitors to follow yet even the simplest rules are often the easiest to break; even for generally honest people. In the proposers November 20... 28th letter he even mentioned snagging a fish. Speed limits, waste disposal, litter, all those can be affected. The RV staff aren't law enforcement officers and Kenai police generally don't patrol this area due to it's more remote location and historically quiet nature and character. The Zoning Code clearly states an intent to preserve the quality of neighborhood that we currently enjoy, all of us, and to protect us from uses that would compromise the character of our residential neighborhood. The Comprehensive Plan specifically discusses conflicts between commercial and residential areas and the needs to separate them through zoning. We're zoned rural residential. Residents ask that the City adhere to the intent of it's own codes and plans, listen to the people impacted and protect the character of our residential neighborhood by upholding the Planning and Zoning Commission 7-0 ruling and rule that any RV park proposal is incompatible with our residential neighborhood. Thank you. Porter: Thank you. I will now open the hearing up for individuals from the general public who would like to come forward and speak for three minutes. Want to come fOrward please, state your name, your address and the City Clerk will be happy to swear you in. Lloyd Steward, 855 Sand Dollar Drive, Kenai, Alaska -- Steward: The name is Lloyd Steward. Subdivision. I live at 855 Sand Dollar Drive, VIP Porter: (inaudible) Freas' Do you solemnly swear and affirm the testimony you are about to give in the case now before this Board to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 3 Steward: I do. Porter: Thank you. Steward: I agree with everything that's just been said for our.., for myself and for my neighbors. I... I was adamantly a... against this when I first heard about it. I heard about it after the initial meetings took place and in the.., part of VIP that ! live in, even with the opening of the Kenai Landing's ah, business and with the ah, opening of the beach access ah, just... (inaudible) my neighborhood, I have seen an increase in traffic already in this neighborhood. This motor home park would do nothing but just keep increasing that traffic through our neighborhood. We live on one of the only unpaved streets in this ah, subdivision and the traffic that goes through there is not slow traffic, it's getting faster all the time. I tried to slow it down and couple times I've... come close to getting run over and this is not just by adults it's by kids also on 4- wheelers and their snow machines and.., it's going.., it's going continue that way so I am still... I want to go on the record that I am totally opposed to this and I will fight it with my neighbors and my friends until the bitter end if...-if that's what it comes to. Thank you. Porter: Thank you. Anyone else like to be heard? Come forward. Porter: State your name, your:address and remain standing. David Daniel, 2335 Watergate Way, Kenai, Alaska. Porter: Oh, excuse me, would you please ah, sign your name. · Daniel: Sure. Porter. Thank you Mr. Daniel. Freas' Do you solemnly swear and affirm the testimony you are about to give in the case now before this Board to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? Daniel: I do. I lived in Alaska for 34 years, moved here for the quality of life with my family years ago, ah, and enjoyed tremendously. I lived in this neighborhood for the past 2 years. And the in the 2 years that I've lived there, without an RV park right in our backyard, I've had frequent visitors in my backyard where I've had to get up and go out and go, "Excuse me, what are you doing out here in my backyard?" and they're there looking at the river or trying to see the belugas or if the belugas are in the river and ah, I would explain to them that they are on private property and you need to leave. That's happened more than a handful of times, not in the last year, that's good. Ah, if there's an RV park in our neighborhood I can easily see that happening many times, many more times. Ah, conflicts possibly occurring between people along the river and these folks who come from outside that don't understand that it's private property. Ah, nobody up and down our road, on Watergate, has up a sign that says BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 4 Private Property, it's kind of a friendly.and inviting place. We hate to have to start posting those signs. Ah, it's also the case that their proposed access to this RV park would be on Pirate and, I believe I read that correctly, but (inaudible) ah, young families that live in those apartments along that area because that's what they can afford at this time; and they have smali children. I cannot.., it... it already is a concern for the people that live in the area, we watch out for little kids, we know when you take that corner of Pirate and (inaudible) is open, we know that. People who don't live here aren't going to know that; it's just going to take one person who isn't paying attention and that's it and we're.., and I mean, there's (inaudible) but we're talking about little people's lives; little people don't keep their eyes open like we did...like they're supposed to, they just don't pay as close attention as we do. So, what Lloyd said, what Karen said, it's all very true, it's all very accurate and I guess the last thing I would ask you is, I know many of you, how would you feel if this was going to go into your neighborhood? I think we all know the answer to that. Thank you for your time, I appreciate it. Porter' Thank you Mr. Daniel. Is there anyone else in the general public? forward. Come Porter: State your name.., and would you Please write it down beside your name (inaudible) Buck Braun, 2795 Watergate, Kenai, Alaska - Braun' My real name is Laverne but I go by the name of Buck. Watergate Way, Kenai, Alaska. I live on 2795 Freas' Do you solemnly swear and affirm the testimony you are about to give in the case now before this Board to be the truth, the whole' truth and nothing but the truth under pain and penalty of perjury? Braun' I do. Freas' Thank you. Braun: Ah, let me put the (inaudible) I'm going to ah, Mad... Madam May... Mayor and speaking before ah, the Council. I'm going to have ah, my restriction to the sewage. Once you have your sewer backed up three times I think you have a PhD in sewage, that's happened (laughter) but what are these people going to do with their sewage? Now, they can ah, they.., these RV's are equipped with ah, gray water and black water and it's pretty easy for them to slip out there at night and pull the gray water and let it go down in the gravel. That way they don't have to move over and get their tanks dumped and that's a serious problem and anybody whose had an RV know that you leak a few things, ethylene glycol, sul.., sulfuric acid, and ah, the various chemicals that are used in ah, oil, grease and these types of things and then when you wash this thing, the soap and water goes into our water shed. Our water wells are somewhere between 20 and 50 feet, at 12 feet you can reach the water level okay; all BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 5 this massive stuff goes into (inaudible) and you want to have a glass of water at our house it comes through the well and ah, there's just nothing the can do with their sewage and ah, that's ah, happened it various places that I've lived before; Massachusetts, where we have beautiful shellfish, signs all along there, "don't' eat the shellfish, itel kill ya" and.., and they have done this very same thing with extra sewage and...and contaminating people. The reason that we have one house, and sometimes a four-plex, on one acre is so that that sewage will.., will operate and I've spent my whole.., lifetime making things work that engineers design. They say, "well, ah... ah... 10 or 15 feet of (inaudible) gravel and it's pure water, that's not the truth, that's.., that' just doesn't work that way. That's about all I got to say. Porter: Thank you Mr. Braun. Braun: Thank you. Porter: Anybody else in the general public would like to come forward? Gerald Brookman, 715 Muir Avenue, Kenai, Alaska Porter: Thank you. Brookman' Ah, my name is Gerald Brookman, also known as Jerry Brookman and I live at ah, 715 Muir Avenue. Freas' Do You solemnly swear and affirm the testimony you are about to give in the case now before this Board to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? Brookman: I do. Freas: Thank you. Brookman' Ah, my wife and I bought our property in VIP in 1977. Ah, we had our home built there in 1979, we've lived there ever since and I hope to live there for whatever time may remain to me. Ah, we like the neighborhood very much and it's... I think pretty much everybody here that's {inaudible) ah, would~ agree ah, I think we made a wise choice ah... When we bought the property we were advised by some people well if you just go over a quarter of a mile or so you get property in Beluga Bay and pay half the taxes but we wanted to locate within the City for the fire., police, road maintenance, and ah, particularly the zoning because we felt that zoning would' protect us from incompatible use and I think that this proposal is totally incompatible with the residential area and for that reason I would hope that you will reject it... to the proposal. And I would also like to say that ah, reading the correspondence from the applicants, I've got to say I'm... more than slightly disturbed by it ah, they., they seem to show a ah, well I... I guess contempt wouldn't be too strong of a word for the residents who are oppOsed to their proposal and I would hope that you will take a real hard look at any other development that they might propose. BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 6 Porter' Thank you Mr. Brookman. Anybody else from the general public? Want to state your name and your address and then write it when you get done and'... Ken Cissel, 5110 Sei Lane, Kenai, Alaska- Cissel: My name is Ken Cissel, I live at 51 10 Sei Lane. the same (inaudible) Borough (inaudible) Sei Lane and Sand Dollar are Porter: Would you please stand so... Cissel: Sure... Porter: Okay, thank you. Freas: Do you solemnly swear or affirm the testimony you are about to give in the case now before this Board to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? Cissel' Yes Mam, I do. Like I was saying, they really should rename our street anymore since they put in the new.., dip netting access (inaudible); Sand Dollar and Sei Lane (inaudible). We have a 20 mile an hour speed zone sign out.there on the corner of VIP Road and Sand Dollar and during the summer months when the red salmon are in, I can't tell you how many people have gone down that road... I know at least one instance we had ah, two kids that worked at the cannery they flying through there (inaudible) I've got a 9-year old daughter that loves to play up and down the... my driveway and we lived in this area for about 14 years and what you have to remember is that when we first moved there none of this dip netting or anything like that was in place; we had no ah, beach access that they.., the Kenaitze Indian Tribes came in and developed the land behind us, they got the Council to move that, brought it down about a quarter of a mile down towards the..' ah, cannery and they turned it into a real nice boat and a real nice parking area and they got a... ah, little shack there where they charge a fee to go down and dipnet and that wasn't in place when we moved here, real quiet place, not a whole lot going on since we've got the new beach access and a lot of people dip netting and the traffic through that particular section road that we live on where they come down from K-Beach go straight down VIP three roads, take a left, come down from Sand Dollar, Sei Lane, it takes you to Cannery · (inaudible) beach access and it's turned into a shortcut that everybody uses and our traffic has increased probably four or five (inaudible). You got.., a proposed 160, 65 tract RV park, they put that in I can tell now it's going to happen, they won't be going through Cannery Road, theyfll cut right down, get on our road (inaudible). Something else you're going to need to look at too is that road is not designed for traffic, to you're looking at there in that particular area, no turning lanes, the road right now if you drive from.'.. Beach Access, I mean ah, Bridge Access Road down to Cannery Loop, drive it right now, just hang on to your shorts cause you're gonna have a wild drive (inaudible). Yeah, it's that way consistently whether it's winter or summer. People coming down through that road you got a big RV park there, you got a lot of traffic BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE.7 trying to turn into that one spot or trying to go across, take a left at Robinson's . Grocery Store, you're, looking for real problem. You're gonna have little kids that in that RV park, they'll be running back and forth, I can tell you right now you're gonna wind up getting somebody killed. We already had it happen once over it... Country Foods and we ended up in... in McDonalds in the last year, you knOw.., if you do this, you allow this to happen, I would bet money on it we're gonna lose a kid across there. Porter: Thank you Mr. Cissel. I... I will give you just a little bit of information, Cannery Road is a Borough road, it is not in the City limits. Cissel' Yeah, but still what I'm saying is... Porter' It's a State Road, anyway, it's not in the City of... it's not the City's road. / Cissel: What I'm just,trying to... to let you know for sure there was ah...whether we're in the Borough or we're in... we're all the same right here, it's Beluga Bay Estates and VIP, we're all in one.., one area and we're (inaudible)... and it's going to affect every one of us this time. Porter: Thank you. Cissel: Thank you, appreciate it. Porter: Thank you very much Mr. Cissel. Is there anybody else from the general public like to be heard? I think I saw somebody else's hand up... okay. You want to state your name and address for us please. Sheryl Groves, P.O. Box 1120, Kenai, Alaska Porter: You want to stay standing right now... Freas' Do you solemnly swear and affirm the testimony you are about to give in the case now before this Board to be the truth, the whole ~truth and nothing but the truth under pain and penalty of perjury? Groves: My name is Sheryl Groves and I'm representing Robinson's Mini-Mall. At the last meeting I voiced my opinion on the proposed RV lot (inaudible). So I'm going to voice it again but from a different approach. It's not that I want an RV lot but I did say I was in favor of the idea. What I meant was simply I'm in the business and I was in favor of a boost to the economy. I've lived in Alaska on K-Beach 12 years and I used to live in the VIP and I now still live within 300 feet. Since I bought Robinson's more than 5 years ago I've made a lot of improvements and I've taken a huge risk putting my own money back into the store; to bring a 30-year old business'up to date, all in an attempt to bring in more customers. I'm here for the residents of K-Beach as much as I'm here for the store. If everyone within a one-mile radius was to actually frequent the store I wouldn't need and RV lot across the street, keep going. So I'm putting my pride on the line and I'm asking for your support and hope for business. With that BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 8' there might not be a Robinson's no longer, in short, I don't want the RV park, I want to keep my doors open and I'm (inaudible) thanking everybody in advance for your time and your business (inaudible). Porter: Thank you Ms. Groves. Is there anyone else from the general public? Is that another hand out there? Oh, okay. Porter: State your name and address first. Wil Smith, 2740 VIP Drive, Kenai, Alaska- I forget... Porter: Thank you. Smith: :My name is Wil Smith, I live at 2740 VIP. Porter: Thank you. Freas' Do you solemnly swear or affirm the testimony you are about to give in the case now before this Boar'd to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? Smith: I do. Freas: Thank you. Smith: I'll say a lot of things you've already heard tonight but I wrote a few notes, I'm going to say them. I've lived in VIP for 14-1/2 years and like it there. That's a nice ah, community and neighborhood. I believe that the Kenai, ah, Comprehensive Plan is a good one and I've observed it for 14-1/2 years and I expect my neighbors, many new neighbors have come into the neighborhood would observe it also; and I ask for you folks nOt to change it.' I (inaudible) quality of life, peace and tranquility of a neighborhood would be severely compromised if you allow this RV park to move into our neighborhood. I have a typical shallow well and I'm concerned about the impact. I live approximately 200 feet from where this park is going to go in but I think that ' I'm... would be impacted by it. I believe that the.., the proposed RV park is ill conceived, poorly planned and stands little chance of suc.., succeeding with the exception of ruining our neighborhood. Blue Sky Pilot's Association has demonstrated that they have very little knowledge on DEC regulatiOns or any other rulings governing our (inaudible). I believe that the Blue Sky Pilot's ah, Trust has demonstrated their true character by distributing misinformation, the lack of knowledge of our peop.., of our regulation, also a contempt of residences of VIP Subdivision with threats and particularly by not showing up at this meeting to address our concerns at all. I don't think they'd make very good neighbors, I'm certainly not looking forward to having them live within 200 feet of my property. I believe that the property values in the subdivision will be negative impacted and I'm going to one of the first ones over to the assessors office t° ask my taxes lowered if you allow this to move in. I've heard the figure that just approximately 2700 or 27 million dollars worth of property in that BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY' 4, 2005 PAGE 9 sUbdivision and I think that should out way one RV park. And, I'm just saying like everybody else is, I'm adamantly opposed to this RV park going in, I think there's a lot of other use that we could use that property for other than that. Porter: Thank you Mr. Smith. Smith: Thank you. Porter: Mr. Popp? Bill Popp, 810 Set Net Drive, Kenai, Alaska Popp' My name is Bill Popp and I live at 810 Set Net Drive in the VIP Subdivision. Freas' Do you Solemnly swear or affirm the testimony you are about to give in the case now before this Board to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury? Popp' I do. Madam Chairman, Board of Adjustment, thank you for going through all this trouble tonight; I regret that the applicants did not choose to come to defend their appeal tonight but we have to go through this process to adequately address this issue and I want to bring a number of points that's specifically ah, speak to the record of the Planning Commission which is a, as You well know, apparently a voluminous document, ah, within this document you have over 200 individuals from our neighborhood represented and their signatures of opposition, you have over 130 households; 90 plus percent of which are within the city limits of the City of Kenai; all of which were gathered within the VIP Subdivision representing households opposed to this application; and there are a number of reasons why they are opposed. The lack of understanding of the Comprehensive P1an in the application and the zoning code, in particular page 37 of the Plan, of the Comprehensive Plan, which I' quote from, another issue of neighborhood concern is commercial development in a residential areas as conditional uses or through rezones, particularly along the Kenai Spur Highway, one of the goals of zoning is to achieve stable, livable residents, or residential neighborhoods by separating them from incompatible uses. This is best aChieved by zoning sufficient suitably located land for all expected uses and then adhering to the zoning plan. Section 14.22.045, 1 of the.' Kenai Zoning Code describes some of the requirements for the isSuance of an RV ah, park conditional use permit and it read, "adequate utilities for projected or actual use shall be available", not might be, not be proposed for the future but shall be available. 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 a stable and attractive residential environment. With the specific intent is establi.., in .establishing a zone is, #2 to prohibit uses which would i) violate residential character of the environment and ii) generate heavy traffic in predominantly residential areas. Another point we want to bring up the location of this 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 for an RV park for the following reasons; the BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005. PAGE 10 -RV park must be accessed using subdivision roads and intersections designed for residential traffic; RV park clients and RV's, pick ups and ATV's would use VIP, Set Net, Sand Dollar and Salmon Run Streets to access the dip net fishery; these are the shortest routes from the property. It happens now and will. only grow worse. RV park clients would try to access the river on foot over private property along the river. It happens now and only grows worse. The neighbors and citizens of VIP Subdivision respectfully request and urge the Board of Adjustment that the decision of the Planning Commission should be upheld for the following reasons and findings of fact; first the proposed use of the parcel located 725 Baleen Avenue is an RV park is not consistent with the intent of the zoning district under the provisions of the City's Zoning Plan and tenants of the City of Kenai Comprehensive Plan as adopted on November 15, 2003. I've got two more if I can get them in... I (inaudible) I'll shut up. Porter' I~l give you 2 minutes then (inaudible) Popp: Okay,.. but the... (laughter) that the second reason and finding of facts should be that the value of the adjoining properties in the neighborhood would be significantly impaired and that the final finding of fact should be that the residents of VIP neighborhood are resoundingly opposed to the issuance of the conditional use permit for the development of an RV park at 725 Baleen Avenue based on the significant public testimony presented at both the Planning Commission hearing and at tonight's Board of Adjustment hearing. Thank you for your... Porter: Thank you very much. Anyone else from the general public? One more time, is there anyone who would like to be heard? Seeing none, any questions from the Council? I mean, from the Board? Questions? Ah, this would conclude our hearing. Um, I... I would like to let you know that within 30 days the Board of Adjustment will render a decision and those of you who have made public testimony will receive a Copy of that ah, decision in the mail. It will be posted on the internet within 30 days... within 30 days of tonight, ah, that's what we have to go by .... so ah, one more time, ah, I would like is there anyone in the public here from the Blue Sky Trust? Thank you. I would like to thank you .all very much for taking an... an active interest in being here. Thank you. Hearing closed at 7'26 p.m. Verbatim prepared by: Barbara Roper, Contract Secretary BOARD OF ADJUSTMENT HEARING VERBATIM JANUARY 4, 2005 PAGE 11 Page 1 of 1 From: Dorothy Melambianakis [dorothy_melambianakis@dnr.state.ak.us] Sent: 11 January, 2005 10:00 AM To: Glen D Franklin; Pirtle Bates; Kellyp@akrr.com; slee~__.matsugov.us; Marilyn Kebschull Cc: Tammas Brown Subject: Final Finding and Decision - Spring 2005 Land Disposal Auction 435 Thank you for your comment on the Proposed Amendments to Final Findings and Decisions, Proposed Mineral Closing Order, and Proposed Classification/Reclassification Order dated November 10, 2004. Your comment was received within the designated public comment period and therefore I have attached a copy of the Final Finding and Decision dated January 7, 2005. A person affected by this decision who provided timely written comment on this decision may appeal it, in accordance with 11 AAC 02. Any appeal must be received within 20 calendar days after the date of"issuance" of this decision, as defined in 11 AAC 02.040(c) and (d) and may be mailed or delivered to Tom Irwin, Commissioner, Department of Natural Resources, 550, West 7th Avenue, Suite 1400, Anchorage, AK 99501; faxed to 1-907-269-8918; or sent by electronic mail to dnr_appeals~dnr.state.ak.us. If no appeal is filed by that date, this decision goes into effect as a final order and decision on the 31 st day after issuance. An eligible person must first appeal this decision in accordance with 11 AAC 02 before appealing this decision to Superior Court. Sincerely, Dorothy Melambianakis Natural Resource Specialist 907-235-2874 01/11/2005 STATE OFA~S~ :DEPARTMENT' OFNA~U~L RESOURCES DIVISION OFiMiNiNG,. ~ND& !~TERI ~F!NAL~:.E!NDING: ANDDE¢!S!ON ~ rap;os'ed Amendm'en'ts:to: Final: Findmqsand Decismns ::::::::::::::::::::::::::::::::: ......... :::::::::::::::::::::: ..... :"i '~! ' ~ :7'.'. "'"' ~'~-~";:~';'~;~;' AS ~ProposedMin~eal::: AS~38; 05:f85 Proposed Classificati~:n!Rec!asS iff.cation ~ Orde[ SPdng:2005State Land Disposal- AuCtion.435 This Final Finding and Decision is intended to complement the Pmlimina~::Finding and Decision, Proposed Amendments to Final Findings :and Decisions, Proposed Mineral ClOSing Order, and Proposed Classification / Reclassification Order ~dated November i10, 2004 (Attachment 2). Sum:mary of ~Public Notice: Summa~'of comm:ents received pursuant to AS:38.05i945 (Attachment 1) MOdificati0'ns ..... to D:ec~'s' ~on: Parcel ADL 408340 is.covered by an existing Mineral Closing Order., therefore:it Wil'l not:be; inci:uded in the Mineral Order to be.established, as proposed in the preliminary deciSion. Recommend ApProval: :~°lly ROb~rs0n Hi~, Natural ReSoUrce-~~.~...~ Land Sales and Contract Administration Section .Date Approval: ..~y'finding t:ha.1; this,ac;tiOn ~" . .~= .~...;~...~.~,~..~. · Division of Minin~and & Water' Public NOtice:.. has. been accomplished according to.. AS. 38i05,94.5. Comments'received have':been:considered,.and summarized (Attachment 1). The case files have been found to:.be complete and thereqUire:ments~of: all .: applicabie statutes have been satisfied,. This final finding and decision i's intended to complement'~the Prelimina~· Findingand Decisi°n, prOposed Amendments to Final Findings and DeciSi°ns, prOpoSed Mineral Closing Order,:: and: PrOpOsed Classificat'ion t Reclassification Order dated Novem~r 10, 2004. (Attachment 2), I'have' reviewed the above, decision and' it is is'in the-best interest oft.he state, and::is hereby:approved. Date Appeal Provision: .A person affeCted.bY this d~ision who provided timely written comment On this decision may appeal it, inaccordance 'with 1t AAC 02, .Any .appeal must::be receiv~ within 20 calendar.days.after the :date'of:"'issu.an:ce"of' this.decision, as defined in 11 ~C 02,:040(¢) and (d): and may be mailed ordelivered to' Iota I~in, .COmmissiOner, Depa~en! of Natural Resources, 55'0, 'West 7th' .Avenue,. Suite !.400, Anchorage., AK 99501; faxed to 1-907,269-8918; or.sentl, by e!c~tronic m-ail to dnr_appeals@dnr..state.ak.us, if no appeal is filed by that date., this d~ision goes into,e~ect asa final: order and decision on the .31st day after issuance. An eligible person mustfimt'appeai thiS decision in accordance.with 11 ..~C 02 before appealing this decision ~o Superior COud. A. copy of'i:1 ~C 02 may, be obtained ~'from any regional information office ~ofthe Depa~ment of NatUral Resources,. Attachments: Attachment I: Summa~ of Public Comments ~Attachmen't'2: Preliminary Finding and Decision, Proposed Amendments 'to Final Findings=and Decisions, Pressed Mineral Closing Order, and Proposed ~Classification ! Reclassification 'Order, November 10, 2004 AttaChme:ntil sum~ma~ofpublic Comme.ts Spring 2005 stateLand~ Disposal-AuctiOn 455 ~Notice provided under AS 38.05.945: A public notice announcing the Preliminary Finding and Decision, Proposed Amendme.nts to Fina.t Findings and Decisions, Proposed Mineral Closing OrOer, and Proposed CtassificationlR~lassification and '~.he soliCitatiOn: ~or public comment'was, published and distribu, t~ in .compliance. ~With the. above:statute in the'fOllowing manner: Published in thefOllowing 8 newspapers..on the: listed dates in :2004: o Anchora.ge. Dai!y..News FridaY, November 12and SUnday, November28 o Fro'ntiemma.n- Fdda'y, November 12and'Sunday, November 28 o Fairbanks Daity' NeWs Miner Friday', NOvember t2 and SUnday, November 28 o .Capita.!._..~!j.t.y_~...~9;ek!y. Wednesday, November :t7 and 'Wednesday, ~cem. ber! o Peninsula Clad0n. Friday,: November 12 andSunday, November. 28 o MUkluk N~ws Thursday, NOvember 18 and Thursday, December 2 · oDeti:a Wind Friday, November 23and Thursday, December 3 o Coppe~:Valley Bi,Weekly November 17 :and ~Wednesday, December t Mailed, with..:a request to post for 30 days, 'to 35 post masters throughout the state per AS :38i05.:945(c)(4); MaiZe'd,. witha request to post. for 30 days, 'to 18 libraries throughout thestate; Mailed to 26 municipalities, boroughs, cities, ..and community councils:i: in the immediate area of the proposed disposal action per. AS 3.8,05,945(c)(!); · Mailed to'4. regional and vi!lage corporations per.AS 38;05;945(c)(2)-(3); Mailed to i0 regional conservation di.stdcts; Faxed to one other party as requested by the individual; Emailed to 37 state and 'federal employes; Posted on the. State of Alaska, Department of Natural Resources.,: .and Land Sales webSites for the entire Public notiCe period. Comments Received: 'This: SeCtion s.ummarizes comments :received r~arding the Pm]imina~ Finding and Decision, :pm:posed A:mendments to Final Findings and Decisions, Proposed Mineral Closing Order,: and: ~pr°posed Cl:asSifi:cationl :Reclassi'fication. tt alSO:summarizes any Depad:ment:responses to the comments and Changes made:as a~resultof the comments. This, comment was received from;Glen Franklin of the Depa~ment of Natural ResourCes,. Division of Agriculture, "Division of Agriculture Nod:hern Reg on O~ce staff concur ~n.your D~ws~on :s decision to in:i'ti:a'te.;~ reclassification:: from AgtStt: to Stl under'TBAP for the five:parcelS listed (ADLs 402612, 40033.5, 40583:t, 405835 and 406526)." This comment ~was received:from Pi~le Bates of the Depa:~ment~of Natural Resources, Division of:oil and Gas "Thank~you:for.prominently mentioning:: the effect of' the~..M::CO as too~l &gas:and the State s: ..... ' rese~ation:. ....... of access, DO&G::appreciates your c:~peration in informing potential surface owners~weil in advance~of the. potential for conflicts,"' ThiS~comment was received fmm.MarilYn Kebschuall~of,the~ City of Kenai,s Planning. and:Zoning Co'' ;..~'~ mmisslon. "The City of~Kenai,s: Pla. nning: and Zoning CommissiOn reviewed 'the disposal infOirmation f°:r::parcelS located Within the CitY of:Kenai. The Commission asked that the~fOllowing: information be:diSclOsed 'to pempective, buyers. zoning - The parcels:fronting the Kenai SPur Highway are zoned General commercial. The:parce!s along Minchumina Avenue are~ zoned Rural Residential. Minchumina Avenue and Eag!e. Str~t are p. latted ~bUt not: developed .3' Several: of[he parcels:.appear (according to .satelli~e photography) to be in::wet!ands and may not:be developable i" DNR's Response: Ail-the above information iwill be. included inthe brochure, in.order to give pmspeC[iVe~b:uyersall available information mgardingthes~e parcels. This: comment:was, received from Patrick Kelly of:the Alaska Railroad .. or'porat~on~.s. Real Estateoffice. "Our m-view has been coordinated i:nternal!liy and this .will be the only mspons:e-from'the Alaska Railroad Corporation (ARRC:).. The AA. RC. h:as reviewed the64 parcels listed, in AttaChm'en;t A of:the: abo-v~mentioned docu~ment. The .AARC has.. no: ' objection to the public sealed'bid:auction of' the 64 parcels liSted.:,: We appreciate the oppodunity to participate in the:public comment process:" This comment:was received from Susan Lee .of the Matanuska.S:usitna Borough, Depa~ment:of Planning and Land Use. "According to the information provided :by' the applicant:, for the above mferen~d projecti a written analysis is required for a dete~ination of consistency with t'he Uatanus. ka-Susitna Borough Coastal Management Plan (MS.BCMP) for this prop:osal. This proiect is found:to.be consistent with the following:stipulations: 1. :Within the 75 fOot shomiine setback, ali areas not.occupied by allowed' developme:nt must minimize disturbance of nat:uml vegeta'iion RatiOna/e: The in:tent of this stipulation is to protect water quality and fish and wildlife habitat: by providing ~Or 'natural filtering of' Sudace water runoff into: 'the lake, minimizing erosion~:and Polential flood damage, and providing separation between the waterbody and potential sou.rces of pollUtion such :as fertilizer, ~uel spills, and other items which would have a significant 'negative impact, as per the Habitats (6AAC80.!30) and Air, Land and Water ~Ouality {6AAC80.140) Standards of the ACMP .and"the enforceable policies of' the Matanuska-Susitna Borough (Coastal Habitats). 2. If:any porti'on of the property is: located in a. federally.designated flood hazard ama ~and floodway. In accordance with MSB 17.29.100 Development permit reqUired., a permit is required before any development beoins in Zone A. MSB 1729.040 defines development, as 'any man.made change to improved or unimproved mai estate, inCluidin9 but not limited to buildings or other'.structures, mining,. dredging, filling, grading, paving, excavation, or drilling operations I~ated within the. area of special flood h rd" aza.:,~ '.. COntact:the MSB Code. Compliance DiviSion at' 745'9865 toobtain a::.fl~d hazard determination: on :specific pieces:of property.. In accordance with MSBCMP (September 1987), Chapters 4 and 6, and Amendment#2.dated MarCh 3I, ~988, this proie.ct is'found to lin, consistent, Please.be aware of:the foiiowing adviso~ information: The project, or action must comply'-with all rules applicable to special land 'use districts or geographic areas affected, including but not limited to MSB Titles 15, 16, and t7. The project or ac.~on must.comply with all rules, applicable to the'.affected, uses, activities, habilats and resources, including but not limited to requirements of.~e Alaska Depadment'of Natural Resources, Depadment of' EnvironmentaiI COn:sedation, Depadm. ent of: FiSh and Game,. ~U,S. Corps of' Engineers, and the. U.,$. Environmental Protection:: Agency.. A..CoaStal Management Plan consistencydetermination by: the state of'Alaska may also: be required. This decision, does: not.'relieve 'the. applicant from the requirements of any o~er requim.d local, state,: or fe. deral review or' permits fOr the proposed project. Any changes in the execution of this project, from the' proposal re'viewed for this decision wi:ti void this decision, and will constitute cause for further-review and/or initiation of enfomement actions against violations of borough, state, or fedemi ordinances. MSB Land Management staff' has stated that: them-is nothing in this information about t:he State surveying and rese~ing access easements to their p.arcel:s So that: this :. bUrden does not':' fa;il on the Borough. That is what we-talk~ about in our meeting With the. State regarding, their land dis~sal program (Bruce Paulsen, Land M. anage:ment'SpeCialist., 74.5-9867). No objection if pamets have platting .authority' approval fOr their .creation (Paul Hulbert, Chief' of iPlatting, 745-9870). 'Most of' the lots. are in unmapped flood hazard :am.as, Al! lots am subject to MSB 17,01 - Acknowledgement. of Existing Land Use Regulatio.ns and 17,55 -Setbacks (Jim Emery, C~e Compliance Officer, 745,9562)." DNR Res~nse: All requirementsfort:hese previously Offered parce, ls have been. met.throUgh their original, best: i:nterest.findingS. Th, escope~ofthis~ deCiSion is.limited to c.hanging~themethod :of sale, and when:ne.cessa~, reclassi~ing to settlem~ent an.d closing to minera!:entr~, All- :pphcable;in[ormatmn w~ll be included inthe brochure, in order to,: give: prospective :buyers all available :information regarding these parcels. Attachment 2 Copy of Preliminary Fiinding and.~ciSion Spring 2~$ State Land Disposal- Auction .435 STAT'EOF.A.LAS~ BEPARTMENT.OF NATU~L RESOURCES DIVISION OF MINING, LAND'&WATER Pm~o.sed'Amendme~ts.to AS 38.05.035(e) AS 38,05:i85 Pm. posed ClassificafionlReclassi~.cation Order .. ~............:::..~.. .............. ..~.....: ....~.. .... . ........ :.~..:.:~ AS'38~05,:300 Spring 2005.State Land Disposal -Auction 435 Proposed ActiOns: The Oepadment of Natural Resources, Division .of Mining, Land: and Water, pro..poses 'to. amend the Final Findings and Decisions 'Shown on Attachment A, to 'allow the.:Division' to offer 64: parcels !listed i:n:: the a~achmen[, '[or :sale at a public seale:d-bid .auCtion. The. 64 p:a'r~b are pdmadty located in several different.su~eyed state subdivisions near the communilies of Big Delta., .COffman COve, Copper Center, Delta Junction, Edna Bay~ Fairbanks., Kasilof, Kenai, Ketchikan, Lake LoUise, Petersbu~, Skwe:ntn. a, SUsitna, Talkeetna, TanaCross; ThOrne 'Bay, Tok, Wasilla, and Whale Pass~ .as. well. as..remote odd lots, These proposed.amendments..to Final Findings and Decisions are intended ~o complementand, upclate.each Final Finding and. Decision referenced 'in Atl:achment A of this document,. The .Division prop~es 'to close 1.5: pamels, approximately 71,3 a.cms, to mineral entry due to-potential coni~licts between:, surface and subsu#ace, usem, Parcels th:at am proposed for:mineral closure am i:dentified in Attachment A, Mineral closure does. notclose the land :to oi! and.gas"exploration, leasing or:deveiopment~ The state retainS ownership of a.~l oil, gas, coal, ore, minerals.,: fissionable ma~edal,.:geothermal resoUmes; and:fossilsthat maybe in or upon the land thai: it sells (AS 38,05.t25). The State reserves :the right:'to:enter onto t:he land 'io exPlore for and.develop'!hese mineral resources. Alaska law also' provides that: the.sudace owner' will be compensated for damages resulting from mineral exploration and development (AS 38.05.'t30), 'The Division. proposes to classify as set!~lemer]t or mclassi~ to settlement a total, of. ten pameI.s:'fOr :this disposal. Parcels that: are-proposed for seli(lement classii[icati0n or .reclassification are ide.n~ed: in Attachment:A, IL Scope: The Scope of.these proposed.amendments is !irnited to changing the mol:hOd of:State land:disposal for 64 parcels, listed iin Attachment A, The ~ parcels were previously offered..to the public. :based:: onthe od.ginal Fina{ Findings .and Decisions under AS 38.,05.035, These proposed amendments would change each parcei"s me,hod et' !and disposal to alIow t.he Division of Mining, Land and Water 'to offer ali of these parcels for sale at a public ~aled-bid auction, The minimum bid for each parcel is set. at the current appraised fair market', value. Biddem witt be:. required to provide a deposit of'five pement of' their :bid amount. The state will refund: the five :potent deposit to. unsuccess[ul bidders:, The scope of this Preliminary Decision also :proposes to close to mineral ent.~ a total of 15 parcels: and': to classifytrec!assity:ten parcels to settlement, Legal Description: See Attachment A. iV, Authority:: Alaska Statules 38.04.035, 38.05.035, 38.05;055, 38.05.t85 &. 38,05.300 Alaska Administrative Code 'Title 11, Chapter 67 'V. Administrative Record:: The case fi]es and associated project fi'Ies for parcels listed in Attachment A constitul~e lhe administmt.ive record 'for Ih:is proposed deCision:, Also incorporated by referent, are. the Cen~al/SoUthem Southeast Ama Plan., Southwest Prince .of Wales is~and Area Plan, Susitna Area Plan, Su~$itna. Basin Recreational Rivers Management Plan, Kenai .Area Ptan, Copper River Basin .Area Plan, and the Tanana Basin... A~:ea Plan. "'Vt. Appraisal: An appmisat of currant fair :market:valUe Will be: donefor each pamei listed in AttachmentA,.'T'he current appraised 'fair market value 'will 'be the minimum bid' 'for. each .pamel, Pamels for which them am improvements:that'have :been appraised at::$10,000 or mom will be managed under AS 38.05.:090 .and: wil.lmquim. ~tha't:the successful bidder pay for the improvements, in full, upon notification. Pamels that meet this condition.'will be identified in:the land disposal brochure. VII, Survey: All parcels have approved and recorded surveys or have been determined by Cadastra. I Su~ey 'to ::be .surveyed. VIII. AlaSka. Land .Status: :All paine. Is listed in Attachment A .are either patented..or Tentatively Approved to the. State of 'iX. Discussion: I. Propos.ed:.Amendments to. Final Findings and Decisions These pm,posed .Amendments. ~o Final Findings and Decisions would-change the method for disusing of 64 previously offered parcels 'to a pub:lie: seale, d~bid auction. Many o[ 'the ~ pa.mets .were originally offered for disposal by'Jot~e~, either'for sale or' under lhe' state's hemesite program.. Some of-the parcels were originally disused of through 'the remote parcel program, .homestead program, outcry or seaIed bid auctions, 0r'l. he preference right pmgm:m, MoSt. of 'the .p.ame!s being re-offered are within existing subdivisions and were sold as subdivision..lots but: subsequeal:ly returned to, state ownership [h.~:ough contract ~ermin. ation for breach of.terms or' by relinquiShment~ These pamels have had public. 'notices .and mse~at..'.'ions~ .of easements as' 'required by law'and have~ been classified, as isettlement lands or an equivalent classification.. Some parcels: am subject to-SChool T~st. Lands ~Iit~igation., 'The.' Division. of.Mining, Land, and Water has. the aut:hOritY unde:r Department order 143: to Sell these parcels fOr a' minimum of' Fair Market Value, The sale of all pamelS within a Depadment of Naturat Resources ama:plan bounda~ .is consistent with the applicable area plan. The major impact of changing the. disposal method for' ihese parcels would be as'follows: a., Sealed, Bid Auction These. amendments 'would allow the Division to ~il these parcels at: a public:. sealed-bid auction. Qualifying parcels located' within organized bOmug'hs, that am zoned msidenl:ial use. only .and am five: acres or less, will~ flint .be..ot~femd for Veteran's Preference pumhase as required by law, Parcels that meet these cdteda will be identified in the land disposal brochure, Under a sealed bid auction, bidders would submi-t their bids in'sealed enveIopes' to the Division. of. Min.ing, Land and Water,. and would be required to :include a five percent deposit of [heir bid amount' {refundable'only to unsuccessful bidders). The minimum bid for each parcel would be.set:.at the appmisedcu~ent.'fair market' .value, which is determined by the Divisic)n of Mining, Land,and Water. Bidders must.be 18 years, old or older,, and they must be AlaSka re. siden~:s. Other requirements also apply, and: Wi.I! be explained thoroughly in the 'auction brochure. SuccessfUl bidders ~n either provide their' own financing or enter into a lan.d.sale contract with the Division of Mining, Land and Water, or its authorized mp.resentative, for the remaining .balance. The term may be up to 2.0 years, depending on' 'the amount financed. The. payment schedule wilt ..be adminisl:mtively determined pursuant'to 'il AAC 67~875.. Changing t:he method of disposal l~O.r these'parcels is in the. s~ate's best interest for the:fOllowing: reasons: 1) the.sealed,.bid.auction method wi'Il increase state revenues:; .2) a:.sealed~bid auction would maximize: the State's.return onthe va!ue.ofthe !and,. ~.ich could:be higher than'the fair' market:value of the parcel; '3) this sale method reduces, administrative cosls and increases state government efficiency,, when bidders purchase parcels outright.there are: no' administrative costs other:than :issuance of'the:patent, When .bidders, choose, sale contracts, the :number of:staff requjred.::to .administer.the. contract.is stil!:.fewer than the number- of staff' who would be needled to inspect: the.land or administer other disposali programs, b, Home.site and 'Homestead Parcels: Purchasing the :parcels. outright, in a..seated,bid auction would eliminate 'the mandatory requirement, to live on ~e: properly for a 25.month period of 'time within five: years for a homestead, and~a mandatoF' requirement of 35-months over seven yea:rs for a homesite. The DMsion of Mining, Land and Water terminated many of the past homeSite and homestead permits because:the original'-permittees were unab!e"to'complete the program: r~uirements (either.to complete a dwe.i!ing or to dernonsirate o~upa.ncy for the requi:red length of time).. OtherS chose to purchase: their parcels if'thei~r dwelling was substantially.complete but:lime had run out to:meetihe mandatory residency requirement. For those parcels odgin'alIiy designated [or'the homesite and homestead programs; these amendments would allow the Division of Mining, Land .and Water to sell 'the parcels.outright increasingthe opportunity:to~: transfer ~hese parcejs into private ownership. Individuals would no longer'have to"prove up" :on 'the parcel.s, and would in slead purchase"the parcels for their fair market value, c. Remote Parcels The oPtiOn of re.~offering pamels originally offered under the remote parcel program is no longer applicable, as.the, statutes that authorized this progr:am have been repealed. By selling these parcels-a'i~: public:, auclion, the state can. dispose of' .small parcels of survey~ land, can :generate revenue, and .can provide the opportunity' for private :ownership of :state land, d, Long Term: Residential Lease/Preference RightParcels~ Some parcels were originally issued for long.. term residential lease witha p.mfemnce right to p.umhase~ The: Division of Mining, La:nd and Water no longer offers this type :o'[ residential lease and ultimately terminated these ia:nd sale contracts because purchasers failed to make the required contract payments. By selling these parcels .at public:, auction, '!:he state can provide another opportunity to transfer 'these stale lands inlo private ownership and generate revenue. 2. Propesed iMine:rai Closing Order A total'of t5. pamels, ap.pro, ximateiy 71,3 acres, identi[ied in Attachment A as not having a Mineral Closing Order, are proposed for' closure to mineral' enid' .to prevent poSSible conflicts be~een the~surface and.p°tential subsurface users.. Mining activity on the 'pamels would bein¢ompatible with 'the': current and proposed sufiace use, These. proposed closures are consistent With the appropriate'ama plans: Mine. mi closu:re does not close, the land' to oil and gas exploration, .leasing or deveIoprnent~ The State retains · ownership .o[ ail oil, gas, coal, ore, minerals,'fissionabie.materiai, geothermal 'resources, and fossils.that maybe in or'upon the land that it sells (AS 38,05.112'5). The State reserves the dght to. enter onto the land to. explore for and develop these mineral resources. Alaska law also pmvides.that"[he.sudace owner' will be compensated for damages resulting 'from mineral exploration and development (AS 38,05.130). The following disposal areas contain parceis where a Mineral Closing Order'will be issued: Beaver Creek AK: .Subdivision G.lennallen Area 1 Kasilof AK Subdivision · Kutna:'Remote ,, Willow Creek SUbdivision - ~Haystack Subdivision 3, Proposed Classification/' Reclassification Order' The Division proposes,to reclassify five p,amels :baCk to settlement Within the. intent of 'the original land :disposal, and to change [he classi[ication of five parcels from agriculturelse~iement to. settlement, fOra:total of:ten reclassifications. These pamels am:'identified in Ai~chment A. Five of the ten parcels' are currently classified as something other:, than-settlement, (Pubiic Recreation, Wi!diife Habitat, or FOrest Land) however it .is. our 'intention to offer-the parcels within the intent of the original !and disposai classification. These parcels were pmviOus!y offered in a state !and disposal and am located near' existing settlement pamels. It is. in 'the best interest of the.state to offer' these parcels', for .sale .to eliminate ongoing management concems and responsibilities, The: remaining five parcels currently have a du. al. clasSiifi~tion of agricultural/settlement, T'he associated, area plan, the Tanana Basin Ama Plan, allows the land to:be sold ~for settlement ~if it does. not have signit'ican~ a§r~u~tuml potential The DMsion of Mining, Land & Water proposes to rec!.assi[y the "land ioa single classification (sett!emenl) before, the auction sin~ the more restrictive, of'the two classifications (agricuIture) would continue to co. ntrol:i.f the dua[ classification:were le~: in pla~, thus requid'ng thedepartmen~ re:sell the'land wi:th~ the: agricUt'tural restrictions under' AS :38:05i321. X. Recommendation: The Division of Mining, Land, and Water recommends that the. pa:r~ts tisted in Attachment A of this..documen[ be offered for-sale at a public sealed.bid auction. It: fu.~her pm:poses that those pamels, which ~have not been previously closed'to mineral entry:, now be closed because, mining would be in~mpatiblewith futura private use of Ihe !and. All parcels not classified as settlement will .be classified or reclassifi:ed as set[lernent f0r the !purposes of this land disposal, XI. Public :Notice.: The:. public iS invited to. ~mment on ;the proposed actions toaltowthesale ofali parcels listed.on Attachment A under a sealed-bid auction. :Any comments must be .received :in..writingby:ithe Division of Mining, Land & Waler, ;Land Sales and Contract Adrninistration Unit, Attention: DorOthy Melambianakis, 550 W, 7'~h Avenue, Suite. 6:4:0, AnChorage, AK 9950'i-.3576 on or before 5:00 p,.m, on Monday, December 13, 2004 in order I~o ensure .consideration. Comments may aiso be sent 'via e,mail to dorothy,melarnbianak:is@dnr, state.ak,us: or bY fax (907) 269.~8916. Only pemons who comment during the comment period wilt be eligible to file an :administrative appeal of' t.he final finding-and decision. If public comment in response !o this notice indicates.the need fOr:Significant changes:in'one, et the:above: decisions., additional Public notice fOr.the affected decision Wilt:be given:: o.n Or about'Decemb.er 27, ~2004.. ~he state re:serVes the right. 'to withdraw a parcel from consideration at any:time, Deleting a parcel :from the. fin.ai.effering ~,'~t't not be considered a significant change requiring public notice, l'f no significant, change is required, the: P'roposed Amendmonts. to Final Findings and D~isions and Preti'imina~ Finding and D.e¢ision, including any minor changes and. a summary of comments and. responses, will be issued as the. Final Finding and DeCision of the Depadment?of: Natural Resources, without further notice, A copy of the final decision will t~ sent to any person whocomments on these: prOposed amendments. The final decision will; set out the applicable process for. appealing the decision under AS:. 38.05,035 (i).(m), A copy of the. final decision wilt. also be availabl:e at the address above. If you have any questions.cancerning this proposed action, please, contact Tammas.Brown at (907) 26~.8946. Individuals with audio impairments may.call the: department, s Public Information Center i.n .Anchorage.' between the:.ho.um of l O:O0:a,m, and. 5:0-0 p~m.., M-:F, at TDD#: (907) 2:69,84.11. I find that the proposed actions are..consiste:rtt with the management intent f0r state lan. d and are in the state~.s.beSt: inter, est, This,Cecision. i~ herel: ~y apprOved to proceed 'to. public notice.in accordance with AS 38.05.945~ ............ ~ ? :::.~':.:....~,:....,.¢..:,'::...- . :', : .... .,. ........... R;S&r 6n Hill Natural ResourCe Manager ii Date. · 'y '!'.. ' ' .t : .... :: ' ' " '' " Land: Sales and: Contract Administration Section THE BOARD OF'ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF BLUE SKY PILOTS TRUST REGARDING DENIAL OF CONDITIONAL USE PERMIT Case No. BA-05-01 I. BACKGROUND AND PROCEDURAL HISTORY On November 8, 2004, Blue Sky Pilots Trust applied for a conditional use permit for a 160-space recreational vehicle (RV) park at 725 Baleen Drive in Kenai. The park Would be open seasonally from May 1 to September 31 each year. The proPerty is a 10.6-acre lot located next to VIP Subdivision in an area zoned as Rural Residential (RR). It has approximately 1300 feet of frontage along Kalifomsky Beach Road and Baleen Avenue and 360 feet along VIP Drive. The residents of VIP Subdivision rely on on-site wells and septic systems because the area is not served by the City's water and sewer system. The property was recently purchased by the applicant. A map of the proposed located is attached to this decision as "Attachment A." The proposal is to build the RV park in three phases over five years. The first phase would involve construction of gravel pads, RV sites and access roadS. The second proposed phase would install electrical outlets. The proposed third phase would include on-site water and sewer systems. Under the Kenai Zoning Code, RV parks are allowed by conditional use permit in the RR Zone.. KMC 14.20.150 and 245. 'The City Planning and Zoning, Department recommended apprOval of the permit with some conditions. A heating on the application was held by the Kenai Planning and Zoning Commission on December 8, '2004. Thirty-two people testified at the public hearing. Twenty-nine were opposed · · BLUE SKY PILOTS TRUST - DECISION Page 1 of 9' and. three were in favor. The testimony against the plan was from residents of the VIP area. They testified the plan' 1) violated the requirements of the RR Zone; 2) had inadequate utilities for a 160-space RV park; 3) would dramatically increase traffic in a residential neighborhood; 4) the proposed on-site sewer .facilities, if ever constructed, would threaten their wells with contamination because of the size needed to service a 160-space RV park and the high water table in the area; and 5) the RV park would lower the value of their homes and property. Testifying for the project was one of the partners who stated the project complied with the City's code requirements and would be built to minimize impact on the VIP neighborhood. A business owner across Kalifomsky Beach Road testified that the park would have a faVorable impact on her business. Another person testified in favor of the project because he had been contacted to contract for tree clearing during construction of the RV park. The Planning and Zoning Commission voted seven to zero against the proposal. During their comments, the Commissioners stated their objections. They included' 1) the proposed use was not consistent with the RR Zone; 2)~the value of the adjoining property and neighborhood would be impaired; 3)the increased traffic in a residential neighborhood; 4) the lack of adequate ,.. utilities; 5) the real potential for the on-site septic systems to contaminate the area' s drinking .... water.. On December 9, 2004, the applicant filed an appeal to the Board of Adjustment under .. . KMC 14.20.290. The Board of Adjustment held a heating on January 4, 2005. Nine people spoke-at the heating, Eight were residents of the VIP area and spoke against the permit. An owner of a business located across the Kalifomsky Beach Road testified that she needed the RV . , park to help her business, The testimony both for and against was similar to that given before the Commission. The applicant did not testify at the heating. However, we have carefully .. BLUE SKY PILOTS TRUST - DECISION Page 2 of 9 reviewed a verbatim transcript of the applicant's testimony before the Planning and Zoning Commission. STANDARD ON APPEAL · An appeal from the Planning and Zoning Commission is a de novo appeal. The Kenai 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 send 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 and Zoning Commission. While the Board may take the concerns of neighboring property owners into consideration, it may not base its decision solely on neighborhood support or position. Anchorage Coalition v. Coffey, 862 P.2d 168, 172 n. 11 (Alaska 1993). III. DISCUSSION AND FINDINGS Under KMC 14.20.245, RV parks are allowed by conditional use permit as provided in the Land Use Table. The requirements for conditional uses are set £onh in KMC 14.20.150. The aPplicant,. therefore, mUst meet the conditions ofboth KMC 14.20.150 and 245. Ae KMC 14.20.245 requires that' 1) adequate utilities for prOject or actual use of the RV park must be available; and 2) the projected or actual use shall not threaten the health and safety of adjoining landoWners or recreation vehicle users of the park. .. The Project is to be phased over five years. Phase I of the proposal calls for construction of 160 RV spaces on gravel pads and three one-way gravel roads. Phase II proPoses bringing in electrical services, with Phase III being on-site water and sewer. Under the plan, the initial phase of the project would have 160 RV spaces with'no electrical services, no water, no dump station BLUE SKY PILOTS TRUST- DECISION Page 3 of 9 with only three Port-A-Potties and three dumpsters. The utilities planned for Phase I are totally inadequate, and there is no guarantee the improvements for Phases II and III will ever be built. While many of the RV's may have self-contained toilets and water, a large number of the 160 spaces will be occupied by RV's without such facilities. Many RV users with self-contained facilities still seek to use on-site facilities to conserve water and postpone a visit to the dump- station. Additionally, the lack of electrical services will dramatically increase RV generator use and that will have a significant, detrimental noise impact on the adjoining property owners and neighborhood. We find that adequate utilities for the projected use are not available. The VIP area is not served by city water and sewer services. The residents use private wells for their drinking water. The testimony before the Board was that the water table in the VIP area is high. Assuming a minimum of two people per RV (a conservative estimate), an on- site septic system would have to be designed for a capacity of at least 320 people. If an on-site septic system of that size were to be constructed that close to the neighborhood, there is the real ... potential for contamination of the drinking water for the VIP neighborhood. The proposal simply states the plan is to install a DEC approved system in Phase III, but the proposal has no plans showing what type of septic system would be installed so we cannot attempt to analyze the effects of such a septic system on nearby water wells. We cannot find that the proposal does not threaten the health and safety of the adjoining landowners or RV users in the park. Th'e draWings submitted by the. applicant show road access to and from the RV park to be from VIP DriVe and Baleen Avenue. rather than Kalifomsky Beach Road. While the applicant has. applied for road access to Kalifomsky Beach Road, that application' has not been apProved. The record indicates the state Department of Transportation is reluctant to.approve direct highway access .where alternate access is. available. The proposal, therefore, clearly would .. BLUE SKY PILOTS TRUST- DECISION .. Page 4 of 9 generate heavy RV traffic in a predominately residential area. Since access to the facility would be on Baleen and VIP (residential streets not designed for heavy RV traffic), we believe the increased traffic would create a hazard to the neighborhood. The proposal does not meet the requirement of KMC 14.20.245. Be We also need to consider the conditional use review criteria ofKMC 14.20.150. o The first is whether the use is consistent with the purposes and intent of the zoning district. KMC 14.20.150(d)(1). The zoning district is RR. The RR Zone is the largest zone in the City and encompasses several large subdivisions as well as sparsely populated areas. The intent of the RR zoning district ~s intended to provide for low densitY residential development which creates~a stable and attractive residential environment." KMC 14.20.150. The specific intent of the RR Zone includes preventing health hazards in areas not served · by water and sewer. KMC 14.20.080(a)(1)(ii). As noted earlier, we find that the high water table and the close proximity of the proposed on-site septic system to the VIP neighborhood create a real potential for ground water contamination. The proPosal does not show what. type of system would be installed nor outline the effects of such a system on the neighboring wells. The concerns of the Kenai Fire Department over the possible' harmful effect of the park's on-site .. septic system on the residents' on-site water systems are documented on Page 4 of the Staff Report. That violates the intent to minimize health hazards for areas of the RR Zone not served by city water and sewer. 'The specific intent of the RR Zone is also to prohibit uses that would violate the residential character of the environment. KMC 14.20.080(a)(2)(i). We find that this proposed 160-space RV park located so close t° the VIP neighborhooc would violate the. residential BLUE SKY PILOTS TRUST- DECISION · Page 5 of 9 character of the area. We do not hold that an RV park could never be located in the RR Zone. There are probably areas where an RV park would not violate the residential character of the RR Zone. The proposed RV park at this location is not one of them. Another aspect of the specific intent of the RR Zone is to prohibit uses that would generate heavy traffic in predominately residential areas. KMC 14.20.080(a)(2)(ii). We have previously outlined in Section III-A the probl'ems with the access to a 160-space RV park being on residential streets in the VIP neighborhood. That is contrary to the specific intent of the RR Zone. For the above reasons, we find the proposed use is not consistent with the purposes and intent of the RR Zone. o The second criterion we must find is that the value of the adjoining and neighborhood properties will not be significantly impaired. There was considerable testimony during the public heating that the proposed RV park would significantly impair the value of the property. There is no information in the record to indicate otherwise. The Staff Report to the Planning & Zoning Commission refers to an official of the Kenai Peninsula Borough stating that the property values (for property .tax purposes) would not go down until the market reacts and that it would take sufficient lower value sales to jUstify loWering the value (for property tax purposes). That statement cannot be used to argue that property values would not be lower, it merely says that 'borough would have to wait-and see how the market actually affected the 'property before it lowered valuations. We Cannot find that the proposed RV park would not significantly impair the property values of the adjoining property and neighborhood. We believe it would. 'BLUE SKY PILOTS TRUST- DECISION Page 6 of 9 ge The third criterion is whether the proposed use is in harmony with the comprehensive plan. The City 0fKenai's 2003 Comprehensive Plan states on Page 29, The Rural Residential district inclUdes areas that due to location or site conditions are best suited for large-lot single-family residential development. Homes in this district typically rely on indiVidual on-site water supply and wastewater disposal systems. Compatible institutional uses such has churches, schools and daycare facilities may be intermixed if they comply with the zoning design guidelines. Small home-based businesses may be accommodated within certain guidelines. A 160 space RV park is neither an institutional'Use such as a church, school, or daycare or a small home-based business as called for in the Comprehensive Plan. The proposed RV park located in such a close proximity to a large residential neighborhood in the RR Zone is inconsistent with the comprehensive plan. e The fourth criterion is whether public facilities are adequate for the proposed use. The proposed RV park is not served by city water or sewer. Until on-site utility services are built (if eVer), the 160-space facility would be without water, on-site sewer or electrical services. There would be only three Port-A-Potties and three dumpsters. Kalifomsky Beach Road is a state maintained paved road that would be sufficient to support the increased traffic. However, the access roads used for the facility would be Baleen Avenue and VIP Drive. While VIP is paved, Baleen~the primary access road~is not. There are questions regarding the effect of heavy RV use on Baleen Avenue. The two main access points for the RV park are on roads designed for residential areas, not concentrated RV use as would occur from the park. The Fire Department also questioned .whether the roads within the facility would provide adequate access for emergency vehicles. use. For the above reasons, we cannot find there are adequate public facilities for the proposed · BLUE SKY PILOTS TRUST- DECISION 'Page 7 of 9 The fifth criterion is whether the proposed use will be harmful to the public safety, health or welfare. Proposed sanitary facilities for the park are insufficient. Three Port-A- Potties and three dumpsters for a 160-space RV park are clearly inadequate. Because there will be no electrical hook-ups during Phase I of the project, the increased generator use will create noise problems for the neighbors. Even if an on-site septic system is constructed, as noted earlier, its proximity to the VIP neighborhood is problematic due to the high water table that the residents rely on for their drinking water. Additionally, reliance on residential street for access to a 160-Space RV park cremes a traffic hazard for the residents (especially neighborhood children). The Police Department noted its concerns regarding increased traffic, including ATV's, which are not allowed on city streets, and alcohol related offenses in the VIP neighborhood. We cannot find the proposed use will not be harmful to the public safety, health or welfare. o The sixth 'criterion is not applicable because we do not feel enough specific conditions can be attached to the permit to allow it to comply with the first five requirements of KMC 14.20.150. IV. CONCLUSION The requirements of KMC 14.20.150(d) or 245(a) have nOt been met. For us to approve the conditional use permit, we must find all of the requirements have been met. Accordingly, we must DENY the appeal and uphold the decision of the Planning and zohing Commission. DATED this 20th day of January 2005. PAT PORTER, CHAIR JOE MOORE, VICE CHAIR BLAINE GILMAN, BOARD MEMBER BLUE SKY PILOTS TRUST- DECISION Page 8 of 9 RICK ROSS, BOARD MEMBER LINDA SWARNER, BOARD MEMBER CLIFF MASSIE, BOARD MEMBER JAMES BUTLER, BOARD MEMBER (not participating) 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. BLUE SKY PILOTS TRUST- DECISION Page 9 of 9 IJJ UJ i-- UJ Attachment A