Loading...
HomeMy WebLinkAbout2005-05-25 Planning & Zoning Packet COMMISSION CHAIR REPORT May 25, 2005 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: 5d 5e Email from Edward Brown concerninlI PZ05-30 Letter from Steven Oberts Letter from Leo Oberts LTO Limited Parnership Code Enforcement Report STAFF STAFF STAFF Marilyn Kebschuil From: Sent: To: Subject: EBJ [EBJ_3@Yahoo.com] 24 May, 2005 12:05 AM Marilyn Kebschull RE: Variance Permit PZ05-30 Marilyn, This is in regards to the application for Variance Permit - PZ05-30, by Nick Stotlzfus for the property located at 2805 Watergate Way, known as Lot 23, Block 1, VIP Estates Subdivision. I, Edward Brown, am the owner of the adjoining property, Lot 24, Block 1 of VIP Estates Subdivision, to which the variance is requested. While I am not completely convinced of the need for the variance, I am also not totally opposed to the granting of the variance either. My understanding is that he has asked for a 3 foot, 6 inch variance of the 15 foot setback requirement. Per the planning department it was recommended to issue the variance for up to 4 feet to allow for construction variances. Based on his property and the personal items he has stored along the property line at the present, I am concerned that issuing of the variance will only further push his stored personal items closer to my property, to which I am completely opposed. I am not sure of the review process. I believe lot 23 to be the same approximate width, approximately 117 feet along the street, as my lot (lot 24) and I question if someone has personally visited the property, looked at the existing structures, the stored personal items, taken into account the absolute need for the requested setback and has still reached the conclusion that the issuance of the variance against the 15 foot setback is necessary? If an inspector from the planning department is satisfied with the above issues, the next question I would ask is that you to take into account my future building plans and the possible request for the same variance in the same area of his structure should the need arise? If both variances can be issued and the above remarks and questions satisfies you and your department, then as stated above I am not opposed to the issuance of the variance. If the above cannot not be satisfied, then I am opposed to his request for the variance. Regretfully, due to business, I am unable to attend the meeting scheduled for the 25 May 2005, though ask that this e-mail be addressed. I can be reached via the following e-mail address' EBJ 3@Yahoo.com __ Unfortunately, I will be out of the U.S. and unable to be reached by phone, though I can retrieve messages via my cell phone, which is- 252-5547. Thanks for your help, Ed Edward Brown II II I I I III I I 1440 Chinook Ct. PHONE: (907)283-4406 Kenai, AK 99611 FAX: (907)283-4699 May 20, 2005 Planning and Zoning Department City Of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: PZ05-32 To Whom It May Concern: Thank you for the notice sent to me regarding the application for a Conditional Use Permit for a park at 1435 Chinook Court submitted by City Manager, Linda Snow. I am writing in opposition to this permit. The property being addressed is directly across from my residence and I am gravely concerned about the implications of such a development. I am an older man who lives alone and am grateful for the relative security of my current neighborhood. Single women, one with children, live on both sides of me. Such a public park will welcome, without discretion, strangers to virtually infiltrate a subdivision of private home owners. Chinook Court runs parallel to the Kenai Spur Highway, but fortunate for us, the buffer of trees shield much of the traffic noise from reaching the homeowners in this area. Installing a park would require clearing away some, if not a lot of these trees, that currently provide a noise buffer. Finally, being located in such close proximity to the Pillars Boat Launch, such a park would provide the perfect "fish cleaning spot" complete with city maintained trash cans. Such use, in addition to creating a stench, would result in an increase in bear traffic, which is already at quite a menacing level, as my neighbors along the ridge in Oberts Pillars Subdivision can attest. Please do nOt approve this Conditional Use Permit. Thank you. Sincerely, Leo ~~l~S P.O. Box 458 Kenai, AK 99611 PHONE: (907)283-1910 FAX: (907)283-4699 May 20, 2005 Planning and Zoning Department City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: PZ05-32 To Whom It May Concern: It has come to our attention that City Manager, Linda Snow has applied for a Conditional Use Permit for a park for the property located at 1435 Chinook Court. Our partnership owns multiple parcels and lots in the vicinity accounting for over 100 acres. Four of our lots also border the Kenai Spur Highway within less than a mile from 1435 Chinook Court. We are strongly opposed to this park for many reasons, including' · The nature of a public park is not consistent with surrounding properties and their uses and more importantly, it is not harmonious. · Although the initial proposed park is intended to be used by walkers, joggers and bikers; the City does not have the resources, nor should they have to monitor access by whomever, whenever. Our partnership has had extensive experience with damage produced by snow machines, four and three wheelers and four wheel drive vehicles, and we do not care to welcome such activity. · What begins as a limited access park can too easily be expanded to road traffic access. We respectfully request that the Planning and Zoning Committee and the City Council deny this Conditional Use Permit. Sincerely, Steven T. oberts o0Z o o ~'- 0 ext ~'- r'-- o o o o ~" r-,. v- o 0 0 (D (D o o ~0 o o o o o 0 0 .~ r- · -- (D ouJ ~o rio 0 c 1 0 0 0 0 0 ~0 {,~ ,~. 0 ,~- {~l 0 0 0 ,~- ,~. ~ 0 0 0 0 0 0 0 (D 0 o _ L_ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 11, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-27 - An application for a Conditional Use Permit for a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nice, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. b. PZ05-28 - An application for a Conditional Use Permit for short-term rentals (motel) for the property known as Lot 7, Block 4, Strawberry Hills Estates (920 North Strawberry Road), Kenai, Alaska. Application submitted by Colleen Ward, Ward Worx LLC, P.O. Box 751, Kenai, Alaska. c. PZ05-29 - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW ¼ of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. d. PZ05-30 - An application for a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. e. PZ05-32 - An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision (1435 Chinook Court), Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: Agenda May 25, 2005 Page 2 ao be *PZ05-31 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2, Block 1 Cindy Subdivision (1207 Fourth Avenue), Kenai, Alaska. Application submitted by Bridgette Baird, 1207 Fourth Avenue, Kenai, Alaska. Vacation a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision (Plat KN 216); within Section 25, and vacation of a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. Discussion & Recommendation. 8. PENDING ITEMS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED' 12. INFORMATION ITEMS' a. "Zoning Bulletin" - April 10, 2005 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e *APPROVAL OF MINUTES: a. *April 27, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-21 - A resolution of the Kenai Planning & Zoning Commission recommending to the Council of the City of Kenai, the renaming of an existing street. Resolution recommends renaming of Bluebell Lane to Yarrow Lane to eliminate a duplicate street name as part of the 911 Street Naming and Addressing Project. b. PZ05-22~An application for a variance permit to build 4-foot into the required 30-foot rear setback for the property known as 8170 Kenai Spur Highway (Government Lot 21), Kenai, Alaska. Application submitted by Kenai Seventh Day Adventist Church, P.O. Box 1529, Kenai, Alaska. c. PZ05-23 - An application for an encroachment permit for front, side, and rear setbacks for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Komers Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. d. PZ05-24 - An application for a variance for lot coverage for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Komers Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. e. PZ05-25 - An application for an encroachment permit for a side setback for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. f. PZ05-26 - An application to amend Conditional Use Permit PZ96-9 from lodging to hotel for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Review and approval of permanent improvements to Lot 5, Block 1, Gusty Subdivision, Addition #1, Patrick Doyle, lessee. b. Consents to Assignments (Robert Bielefeld to Kenai Aviation Leasing Company, LLC) and Consents to Subleases (Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc.)- Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron- Review and Approval. 0 PENDING ITEMS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin"-April 25, 2005 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI PLANNING/l~ ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 11, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Hammelman called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present: J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen Others Present' Council Member Rick Ross, City Planner Kebschull, Temporary Secretary Karl Mohn, and Contract Secretary B. Roper; Guests: Five students from Kenai Central High School 1-b. Agenda Approval Chair Hammelman requested the following item be added to the packet of information: ADD' 12b, KPB Resolution Granting Approval of a Conditional Use Permit to the City of Kenai to Construct an Expansion to a Public Boat Launch within the Kenai River. MOTION: Commissioner Barrett MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Glick SECONDED the motion. no objections. SO ORDERED. There were ITEM 2: APPROVAL OF MINUTES Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS- None. ITEM 5: PUBLIC HEARINGS PZ05-21 - A resolution of the Kenai Planning & Zoning Commission recommending to the Council of the City of Kenai, the renaming of an existing street. Resolution recommends renaming of Bluebell Lane to Yarrow Lane to eliminate a duplicate street name as part of the 911 Street Naming and Addressing Project. Kebschull reported the following: · Two individuals from the Wilson family expressed disapproval via email regarding the street name change and requested the name remain the same or if necessary change it to Iona Lane in honor of a family member who homesteaded there. · The City of Kenai is not required to change street names for the Borough wide 911 enhancement efforts. · When notified regarding the name Iona Lane, the Borough stated there was another street in a different area with a similar name. Hammelman opened the public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-21 and Commissioner Amen SECONDED the motion. Eldridge reiterated his desire to leave the street name as is. VOTE: Barrett No Glick No Hammelman No No Twait No No Bryson Amen No Eldrid§e MOTION FAILED UNANIMOUSLY. a-bo PZ05-22 -- An application for a variance permit to build 4-foot into the required 30-foot rear setback for the property known as 8170 Kenai Spur Highway (Government Lot 21), Kenai, Alaska. Application submitted by Kenai Seventh Day Adventist Church, P.O. Box 1529, Kenai, Alaska. Kebschull noted the following: · The requested variance appeared to meet the requirements of the Kenai PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 2 Municipal Code. · The additional setback requirements for churches were intended to allow for development within residential zones but to maintain the density, separation requirements of the residential zones. · It appeared the four foot variance would not violate the integrity of the residential zone. · Staff recommended approval. Hammelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-22 and Commissioner Barrett SECONDED the motion. Eldridge asked if there were any structures on the adjacent lots and Kebschull confirmed there was on one lot. VOTE: Barrett Yes Glick Yes Bryson Yes Twait Yes Amen Yes Hammelman Yes Yes Eldrid§e MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. 5-Co PZ05-23 -- An application for an encroachment permit for front, side, and rear setbacks for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Komers Subdivision}, Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. · · · the lot. Kebschull noted the following: The home was constructed over 20 years ago. It was not known why the encroachments were not noticed previously. There had been no complaints due to the placement of the residence on The Borough granted a utility easement vacation. The application met the criteria for an encroachment and staff recommended approval. Hammelman opened public hearing. There being no comment, the public hearing was PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 3 closed. MOTION: Commissioner Bryson MOVED to approve PZ05-23 and Commissioner Amen SECONDED the motion. Bryson stated the item was not addressed in the building permit and he felt it was appropriate to approve the request. VOTE: IBarrett Bryson Amen Yes Glick Yes Hammelman Yes Yes Twait Yes Yes Yes Eldridge MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process and Kebschull explained what an encroachment was to the visiting students. 5-do PZ05-24 -- An application for a variance for lot coverage for the property known as 313 Kulila Place {Lot 11, Block 2, Kaknu Komers Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. Kebschull noted the following: · Staff recommends the variance for lot coverage be granted. · The original building permit when issued allowed the violation of the lot coverage requirement. · The house was constructed over 20 years ago and there have been no complaints on the location of the house on the lot. · The applicant owns the adjoining Lot 10 and may want to consider combining Lots 10 and 11 to eliminate the lot coverage issue and side encroachment. Hammelman opened public hearing. closed. There being no comment, the public hearing was MOTION: Commissioner Eldridge MOVED to approve PZ05-24 and Commissioner Amen SECONDED the motion. VOTE: PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 4 Barrett Yes Glick Yes Hammelman Yes Yes Twait Yes Yes Bryson Amen Yes Eldridge MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. PZ05-25 -- An application for an encroachment permit for a side setback for the property known as 1105 Angler Drive {Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. Kebschull noted the following: · The garage was constructed almost 20 years ago and it was unclear why the encroachment wasn't discovered during construction. · There have been no complaints as to the structure's location. · It appears reasonable to allow the structure to remain at its current location. · The requested encroachment met the criteria to grant the permit and staff recommended approval with the requirement that the Building Official inspect the building to insure it met the fire code. Hammelman opened the public hearing. There being no comment, the public hearing was closed. Barrett noted there were two different numbers; the staff reported references PZ05-25 and the actual resolution was PZ05-26. Kebschull clarified there were two issues for the same applicant. MOTION: Commissioner Barrett MOVED to approve PZ05-25 including staff requirements and Commissioner Eldridge SECONDED the motion. Kebschull confirmed the structure was one story, noted the applicant was present if there were any questions, and the structure was 1-1/2 feet away from the property line and had been there since 1987. Eldridge asked if the encroachment would be resolved if Angler Drive was zoned commercial. Kebschull stated if it met the fire code it would resolve it, however, all past discussions had been to rezone the area recreation and which includes side setback requirements. Eldridge asked if there were any complaints from neighbors and Kebschull reported PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 5 there had been no feedback from the public notice. Amen noted the description indicated the structure was inspected and asked if that did not include the location as well. Kebschull stated, at the time it appeared an as-built was not required or anything to verify the property lines. Amen asked if a City official went out and looked at the structure and Kebschull replied she reviewed the building permit and the two inspections were noted. Bryson stated there had been a period in which the City required as-builts be performed for commercial property but he was unsure if they did for residential properties. However, in all fairness, the building inspector would have no way of ascertaining an encroachment unless he stretched a line over the length or depth of the property. Kebschull added, the City was now doing that and the Code was amended to remove the requirement for as-builts unless the building official cannot be certain by stretching a line that there is an encroachment. VOTE: Barrett Yes Glick Yes Bryson Yes Twait Yes Amen No Hammelman Yes Eldridge Yes MOTION PASSED. Harnmelman explained the 15-day appeal process. 5-f. PZ05-26 -- An application to amend Conditional Use Permit PZ96-9 from lodging to hotel for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. Kebschull noted the following: · The application to amend the Conditional Use Permit from lodging to hotel appeared to meet the Kenai Municipal Code requirements. · Similar businesses were also located on Angler Drive. · This business had operated from this location since 1988 and modifying it to add two additional rooms should not adversely affect the neighboring properties. · Staff recommended approval. Hammelman opened public hearing. closed. There being no comment, the public hearing was MOTION: Commissioner Barrett MOVED to approve PZ05-26 and Commissioner Twait PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 6 SECONDED the motion. VOTE: Barrett Yes Glick Yes Bryson Yes Twait Yes Amen Yes Hammelman Yes Eldrid§e Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. ITEM 6' OLD BUSINESS-- None. ITEM 7: NEW BUSINESS Review/Approval-- Permanent improvements to Lot 5, Block 1, Gusty Subdivision, Addition # 1, Patrick Doyle, lessee. Kebschull noted the following: · Mr. Doyle's lease required a plan be submitted to the Planning & Zoning Commission prior to adding permanent improvements to the parcel. · The proposed additions to the car wash include a lube/oil rack and an additional self-service wash station. · These are permitted uses in the General Commercial zone. MOTION: Commissioner Glick MOVED to approve the proposed addition and Commissioner Amen SECONDED the motion. Bryson abstained from voting as his firm provided drafting and engineering services to Mr. Doyle. VOTE: Barrett Yes Glick Yes Hammelman Yes Abstain Twait Yes Yes Bryson Amen Yes Eldridge MOTION PASSED UNANIMOUSLY. 7-]3. Review/Approval -- Consents to Assignments (Robert Bielefeld to Kenai Aviation Leasing Company, LLC) and Consents to Subleases {Kenai PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 7 Aviation Leasing Company LLC to Kenai Aviation, Inc.) - Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron Kebschull noted the following: · Mr. Bielefeld was requesting approval to assign the leases to Kenai Aviation Leasing Company, LLC and subsequently sublease to Kenai Aviation, Inc. · The leases stated the lessee may not assign nor sublease without the written consent of the City. · The Planning & Zoning Commission was asked to make recommendations to the City Council. MOTION: Commissioner Bryson MOVED to approve the petition to assign the leases and sublease as requested and Commissioner Amen SECONDED the motion. VOTE: Barrett Yes Glick Yes Hammelman Yes Yes Twait Yes Yes Bryson Amen Yes Eldrid§e MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS PZ05-15 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, {170 Bridge Access Road}, from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, KenaJ, Alaska. {Tabled until brought back by Administration.) Kebschull stated the Airport Commission will meet again on May 12, 2005 at 6:00 p.m. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council- Councilman Ross provided a reported based on actions taken at the May 4, 2005 City Council meeting. 10-b. Borough Planning-- Commissioner Bryson provided a report on action PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 8 taken at the May 9, 2005 Borough Planning meeting. l O-c. Administration - Kebschull reported the following: · She would not be in attendance at the next meeting. · An error in the Land Use Map in the Comprehensive Plan was noted and she would talk to the City Attorney to determine how to correct it. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin"- April 25, 2005 ITEM 13: COMMISSION COMMENTS ~ QUESTIONS Commissionner Eldridge stated he would not be available for the Airport meeting and asked that a report be provided. Kebschull stated no minutes are taken at these meetings, however, she would attend and provide a report. Commissioner Amen thanked staff for the information provided in the packet. Chairman Hammelman announced he would not be present at the June 8th meeting. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:46 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 9 STAFF REPORT To: Planning & Zoning Commission Date: May 4, 2005 Res: PZ05-27 GENERAL INFORMATION Applicant: George A. Nyce 283-9202 Aurora Investments, Inc. P.O. Box 401 Kenai, AK 99611 Requested Action' Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Storage Lot 2, Block 17, Original Townsite of Kenai West 60-Foot Thereof 807 Peninsula Avenue 04710104 CC - Central Commercial Vacant Mixed Use 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 0527 Comment.doc Page 2 development, building design, operation of the use and other similar aspects related to the proposed use. The applicant would like to place a connex on this lot for storage for the adjacent apartment building. When the applicant purchased the lot, there was a condemned structure on the lot that was demolished. The applicant's intent was to use the lot in connection with the apartments on the adjacent lot. This is a very small lot located in the Central Commercial zone. The Central Commercial zone allows for mixed uses; however, storage is listed as conditional in the land use table. The size of the lot limits development on the lot. To issue the permit, the use must meet the following criteria: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the Central Commercial zone is to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The proposed storage does not violate the intent of the zone. The value of the adjoining property and neighborhood will not be significantly impaired. The storage shed will not affect the adjoining properties. Since the applicant purchased the property and removed the condemned structure, the area has improved. The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies the area as mixed use. The mixed-use district fosters a compatible mix of retail, service, office, public, institutional, recreational, and multi-family residential uses. If this connex storage building were located on the same lot as the apartment building, it would not require a conditional use permit. The use would not appear to violate the harmony of the plan. Public services and facilities are adequate to serve the proposed use. The storage building will not have any utilities. The proposed use will not be harmful to the public safety, health or welfare. The use will not be harmful to public safety, health, or welfare. 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. There are no special conditions that appear necessary to allow the proposed storage building. 0527 Comment.doc Page 3 City Engineer: Drainage, snow storage, access, etc. do not appear to be issues. Building Official: The building code allows a minimum 1 O-foot fire separation distance from the centerline of a street, alley, public way, or interior lot line without any special construction requirements. RECOMMENDATIONS The requested conditional use permit to place a connex storage building on this lot appears to meet the criteria of the Kenai Municipal Code. The lot is located adjacent to an apartment building and the building will be used to store tools for upkeep on the apartments. The lot is very small and any development on it would be very limited. It appears reasonable to use the lot in connection with the adjacent apartment building. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-27 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-27 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: George A. Nyce- Aurora Investments, Inc. USE Storage Building LOCATED Lot 2, Block 17 West 60-Foot Thereof- 807 Peninsula Avenue (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04710104 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on' May 3, 2005 , This request is on land zoned' Central Commercial o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. e That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 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 STORAGE BUILDING 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, MAY 25~ 2005. CHAIRPERSON: ATTEST: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ KENAI, ALASKA ~~ ................. ~ CONDITIONAL USE PE~IT ~ APPLICATION Date' Applicant's Name' Business Name' Mailing Address' Street Address: (Where permit will be operated from.) Legal Description of Property: --/"O Kenai Peninsula Borough Parcel City of Kenai Zoning' Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. The following, information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date' ADDITION 1c. BROAD WAY AUGUST SUBD, PENINSULA AVE OILERS COOK W STAFF REPORT To: Planning & Zoning Commission Date' May 5, 2005 Res' PZ05-28 GENERAL INFORMATION Applicant: Colleen Ward Ward Worx LLC P.O. Box 751 Kenai, AK 99611 283-6007 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Short-Term Rentals (Motel) Lot 7, Block 4, Strawberry Hills Estates 920 North Strawberry Road 04951021 RR- Rural Residential Residential - 4-Plex Rural 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. 0528 Comment.doc Page 2 Applicant recently purchased this four-plex and is proposing to convert some of the units to short-term rentals during the summer season. Any rental less than 30-days is considered short-term. It appears this proposal meets the definition for a motel, "means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts." Motel is listed as requiring a Conditional Use Permit in the Land Use Table. The applicant notes that initially the plan is to rent one or two of the four units on a short- term basis. Also, noted is that they are attempting to hire an on-site manager. Attached to the application is a tentative set of roles for the short-term rentals. Also provided is a site plan showing the complex, access and off-street parking. To approve the requested permit, the Commission must determine that the use meets the criteria outlined in the Kenai Municipal Code. They are: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. This parcel is located in the Rural Residential zone. The intent of the zone is, "The RR 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. The specific intent in establishing this zone is: To separate residential structures to an extent which will: Preserve the rural, open quality of the environment; Prevent health hazards in areas not served by public water and sewer. To prohibit uses which would: Violate the residential character of the environment; Generate heavy traffic in predominantly residential areas. The proposed short-term rentals do not appear to violate the intent of the zone. The structure is already constructed, has sufficient off-street parking, and is accessed from a main road. The value of the adjoining property and neighborhood will not be significantly impaired. This four-plex is already constructed. Changing the use to short-term rentals, if managed appropriately, should have no affect on the neighboring properties. The proposed use is in harmony with the Comprehensive Plan. The comprehensive plan identifies the zone as best suited for large-lot, single-family residential development that rely on on-site water and sewer. The plan notes that some institutional uses may be compatible. The plan states that, "small home- based businesses may be accommodated with certain design guidelines." The plan does not speak to uses such as motels. However, it does not appear, with the location of the four-plex, that the use would not be in harmony with the plan. Public services and facilities are adequate to serve the proposed use. The four- plex is served by on-site water and sewer. North Strawberry Road is maintained 0528 Comment.doc Page 3 by the State of Alaska. The City of Kenai' responsible for the police and fire services. s Police and Fire Department are The proposed use will not be harmful to the public safety, health or welfare. The proposed short-term rentals should not be harmful to public safety, health or welfare. 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. It does not appear that there are any special requirements that should be placed on the short-term rentals. City Engineer: The parking, drainage, snow storage, and access should not change from the current use. The same with on-site water supply and waste disposal. Building Official: New State regulations require installation of carbon monoxide detectors in each unit. Verification should be required. RECOMMENDATIONS Applicant is proposing to rent units in a four-plex on a short-term basis (less than 30 days) during the summer season. The four-plex is located off North Strawberry Road with access directly from this road. There is sufficient off-street parking for the use. It does not appear that the proposed short-term rentals will adversely affect neighboring properties. Recommend approval with the following requirement: le Prior to the permit being issued, the units must be inspected by the Fire Marshal to verify the required smoke detectors and carbon monoxide detectors are in each unit. ATTACHMENTS: 1. Resolution No. PZ05-28 2. Application 3. Drawings KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-28 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: Colleen Ward, Ward Worx LLC USE Short Term Rentals (Motel) LOCATED Lot 7, Block 4, Strawberry Hills Estates - 920 North Strawberry Road (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04951021 WHEREAS, the Commission finds: o That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 4, 2005 . This request is on land zoned: RR- Rural Residential o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Prior to the permit being issued, the units must be inspected by the Fire Marshal to verify the required smoke detectors and carbon monoxide detectors are in each unit. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 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 SHORT-TERM RENTALS (MOTEL) 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, MAY 25, 2005. CHAIRPERSON: ATTEST: 210 Fidalgo Avenue, Kenai, laska 99611-7794 ~ 1992 KENAI, ALASKA ~41,' "4' CONDITIONAL USE PERMIT APPLICATION Applicant's Name' Business Name' Mailing Address' Street Address' Date' P. O .qsI (Where permit will be operated from.) Phone' Legal Description of Property: I~"r Kenai Peninsula Borough Parcel No.' Dq ? ~"1 6~] City of Kenai Zoning: ~'~ Ct r~ r9 t.. '~~-~ t ~ ~ -r I t~ L Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. /t4 O ZJ -f H - TO - Le'-t'o--x e' 0 lu ~- ro 7rUJ 6 (J~ ~ ?3 ,The following infOrrhation must be provided before your application will be considered 'f. Or~proce~sing. Do not sUbmit yoUr aPplication until it contains all rec~ui'~'ed infoff/nation. '(Check each box that applies and attach the necessary ....... information to this'application.) ~ I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. SpeCifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date' ~ 'J"O ~" RULES & REGULATIONS Guests agrees to comply with all roles regulations herein stated. Quiet Hours - The hours from 10:30 p.m. to 6:00 a.m. are "Quiet Hours" and, out of respect for all tenants and guests, will be strictly enforced. Visitors - Guests are completely responsible for the actions and conduct of their visitors at all times. When entertaining, please be mindful of the Quiet Hour Rule and request your visitors to follow the same. Parking - Each unit has designated parking space. Do not park in other Unit's parking area at any time - even when you know that unit is vacant. If your designated parking space is full and additional parking is need,'you may park on gravel pad adjacent to the dumpster. Children - Children are positively not allowed to play where it disturbs other Guests. Children are not allowed to play on the stairs, in the driveway or parking area. THIS IS FOR THEIR OWN PROTECTION. Guests are liable for their own children and their visitors' children. Garbage- All trash, cold ashes, sweepings, dirt, litter or other refuse must be enclosed in plastic bags or closed up boxes and deposited inside the designated garbage bin. Do not leave any bags, boxes or other trash items outside of the garbage bin. Guests shall keep the area clean and free of refuse. Any refuse that cannot fit imo the garbage bin must be taken to the public garbage dump by Guests. Only garbage that will fit inside the bin may be lef~ for garbage removal. NO RAW FISH!!! Water- Water shall not be lef~ running in the bathroom, kitchen, garden hose or elsewhere in the premises. All leaks must be reported immediately to the Manager. If a Guest uses a garden hose, Guest is to return it to its original location and be sure to turn off the faucet. Maintenance or Repair Areas - When an area is closed off for use by management, Guest is not to remove signs, and is not to emer the area closed off. Appliances & Furniture - Toilets, tubs, sinks, washer and dryer are to be used only for the purpose for which they are intended. No dust, rubbish, litter, coffee grounds, tea leaves, egg shells, parings or garbage are to be put into them. Furniture, appliances or other property of the complex may not be removed from the unit. Reporting- Guest is to report to Manager any breakage to glass, damage to walls, ceilings, doors, drawers, appliances, leaking windows, pipes, non-operating appliances as soon as they oCcur. GUEST(S): GUEST(S): signature .... _ .................................................... · signamre ................................................................... Primed Name Primed Name DIIAFT OllAFT DllAFT LU Z ~ Z TRACT E LOT 8 0.8' I S89°59'13"E1 8.~2,~ 203.22' ~5 15.2' ~ LUr,9 DOES NOT---" ENCROACH 12.0' COVERED PAVILION 33.71' N89o59,10,'W MULTI-FAMILY FRAME 4-PLEX WOOD DECK LOT 7 BLOCK FOUR 40,000 S.F. // ~ / 54.4' / 149.84, //--- N89°59'13"W ~~..49 TH~ ...... ; ~I I. ~°t~ss i o~v RECERTIFICATION Dote' January 26, 2005 LEGEND AND NOTES Found 1/2" Rebar Septic Vent Well EM Electric Meter SCALE 1"= 40' GM Gas Meter 1) The bearings and distances shown hereon relative to the property boundaries were derived from data of record. Prepared For: C & 0 BUILDERS 40205 Frogberry Street Kenoi, AK 99611 A ASPHALT DRIVEWAY & PARKING 4.0' (TYP.) 79.3' / / < 0 n, 0 Z STRAWBERRY ROAD 5O' R/W AS-BUILT SURVEY I hereby certify that I hove surveyed the following described property:. LOT 7 BLOCK FOUR STAWBERRY HILL ESTATES located in the ___.K_ENAL___Recording District. Alaska, and that the improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no improvements on the property lying adjacent thereto encroach on the premises in question and that there ore no roadways, transmis- sion lines or other visible easements on said property except as in- dicated hereon. 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 circum- stances should any dab hereon be used for construction or for establishing boundary or fence lines. Date: July 24, 1996 Job No: 05100,.~ Field Book No. N/A P,O. Box 468 SOLDOTNA, AK 99669 CONSULTING GROUP TESTI~IG TEL 90'7.283.421B FAX 90'7.283.3265 NOI SIAl Ci9 ri S I~I:::iA::::I~O_-I -- SQ'I:::II A~I~:::I~MV'~I.LS ' ':IAV IAIYHJ.~OM .LO -r" J.S AV'clAaQ STAFF REPORT To: Planning & Zoning Commission Date: May 5, 2005 Res: PZ05-29 GENERAL INFORMATION Applicant: Ron Lucia, General Manager Peninsula Oilers P.O. Box 318 Kenai, AK 99611 283-7133 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit- Concert (Assemblage) NW ¼ of Government Lot 4 103 South Tinker Lane 04938217 R- Recreation Recreation 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. 0529 Comment.doc Page 2 The Peninsula Oilers would like the option of holding concerts after select games to provide entertainment for fans. Oilers Park is located in the Recreation zone at the intersection of South Tinker Lane and Lawton Drive. There are developed residential parcels in the area. The municipal code does not specifically address concerts. The most closely defined use is Assemblages which is commonly defined as, "collection of people or things; a gathering." Residents in the area are accustomed to the activities associated with baseball games. Because concerts are not typically associated with baseball games, requiring a conditional use permit for the activity will allow neighboring property owners the opportunity to comment and note any concerns. To issue the permit, the Commission must determine that the proposed used meets the criteria outlined in the Kenai Municipal Code as listed below: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; "The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non-commercial recreation and residential purposes. Lands designated for this district should be evaluated for long-term public benefits to accrue from the protection offered by this designation." Allowing the Oilers to hold concerts after their games appears to meet the intent of the zone. The value of the adjoining property and neighborhood will not be significantly impaired; Oilers Field is fully developed and the proposed use should not affect the value of the neighboring properties. The Comprehensive Plan Land Use Plan identifies the parcel as neighborhood residential. Other parcels zoned recreation are identified as conservation/open space. The Plan may have inaccurately identified this parcel as neighborhood residential and may need amending. However, the neighborhood residential classification identifies, "Formal public outdoor spaces (parks) are a critical feature in this district." The proposed use is in harmony with the Comprehensive Plan; Oilers Park is a developed baseball field. The Comprehensive Plan identifies the parcel as Neighborhood Residential and notes that formal public outdoor spaces (parks) are a critical feature of the district. Allowing the proposed concerts appears in harmony with the Plan. Public services and facilities are adequate to serve the proposed use; Oilers Field is developed to accommodate large groups of people. Public services and facilities are adequate to serve the proposed concerts. The proposed use will not be harmful to the public safety, health or welfare; The concerts are proposed to provide entertainment to fans after the baseball games and should not be harmful to public safety, health or welfare. 0529 Comment. doc Page 3 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. The facility is adequate for the use. There is sufficient off-street parking, the field is screened and fenced. Limiting the time for the concerts to end no later than 10 p.m. as requested in the application should limit any adverse effects of the concerts. Ci_ty Engineer: Access, parking, etc. should be adequate with the new activity. Building Official' If additional permanent seating is installed, a building permit will be required. temporary seating is installed, exit corridors will be required. If RECOMMENDATIONS Oilers Park is a commercially mn baseball park. The field is developed with sufficient off street parking and a treed buffer from the adjoining properties. Allowing the operators of the park to provide concerts to fans after games should not adversely affect adjoining properties as long as the event is limited recognizing that the field is located near residential areas. Recommend approval with the following condition: o Concerts are limited to operating no later than 10 p.m. ATTACHMENTS: 1. Resolution No. PZ05-29 2. Application 3. Drawings KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-29 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: Ron Lucia, General Manager for The Peninsula Oilers USE Concert (Assemblage) LOCATED NW ¼ of Government Lot 4- 103 South Tinker Lane (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04938217 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 4, 2005 , This request is on land zoned: R- Recreation o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Concerts may be held no later than 10 p.m. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 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 CONCERTS (ASSEMBLAGE) 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, MAY 25, 2005. CHAIRPERSON: ATTEST: KENAI. ALASKA 210 Fidalgo Avenue Kenai Alaska 99611-7794 1992 CONDITIONAL USE PERMIT APPLICATION /¥4? '4 Applicant's Name' Business Name: Date' Mailing Address: Street Address: (Where permit will be operated from.) Legal Description of Property: Kenai Peninsula Borough Parcel No.' City of Kenai Zoning: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. The folloWing information must be provided before your application will be. considered for p. rocessing. Do not submit your application until it contains all~ required...i,nf0rm~tion... ., .. (Check each box that applies and attach the necessary info'~matiOn to this application.) '; ~ I am the' legal owner of the property. I am not the l~gal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date' o · ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::: ======================================== :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: -i.i.i.2.1.i.i.i'i'.'~'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.~ '::IN¥-I ~I:::IN NIl ~i(3 .I. HDI"I:i'IQN¥O g~ 90[ VO~ N'I H.I-II~ISI~I:tA'IIS Nq ~:::INNI.i.H.I.~ON N'I ~F:IddO0 ~O J-Hglq:IqQN~ N-I QOOAANI'] % % %. Z LLI _,,,,, UJ N-I ~:::INNI.I.H.I. DOS .LO (]OOAAd::I:i(3 STAFF REPORT To: Planning & Zoning Commission Date: Res: PZ05-30 GENERAL INFORMATION Applicant' Nick Stoltzfus 283-3470 2805 Watergate Way Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Variance- Side Yard Setback Lot 23, Block 1, VIP Estates 2805 Watergate Way 04936010 RR - Rural Residential Residential Rural Residential ANALYSIS General Information' KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit' 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 0530 Comment. doc Page 2 Si 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 would like to add an addition to his garage. The existing garage already encroaches approximately .5 feet into the 15-foot required side yard setback. Kenai Municipal Code allows for an administrative exemption for encroachments of up to one foot. An administrative exemption has been granted for this encroachment. The proposed addition will encroach approximately 3'6" into the 1 5-foot setback. To issue the variance permit, the Commission must determine that the request meets the criteria required by the Kenai Municipal Code. They are' 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 majority of the lots located along Watergate Way are configured similarly to this lot, approximately 120 (+/-) feet wide and 400 (+/-) feet deep. There do not appear to be special conditions applicable to this lot. 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. There are no special conditions or circumstances caused by the applicant. 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. Garages are accessory structures and are permitted with residences in the Rural Residential zone. The granting of a variance shaft be the minimum variance that will provide for the reasonable use of the land and/or structure. The applicant is requesting a 3-foot, 6-inch variance to the required 1 5- foot side yard setback. Due to the development of the lot (placement of the home, garage, paved driveway, septic, etc. the addition to the garage at the proposed location appears reasonable. However, applicant has been given reasonable use of the land. The granting of a variance shaft not be based upon other non- conforming land uses or structures within the same land use or zoning district. The requested variance is not based on other non- conforming land uses or structures in the area. However, according to the City's records, there are four other 0530 Comment.doc Page 3 variance/encroachments for setbacks in VIP Subdivision, two of which are located on Watergate Way. City Engineer' Nothing additional. Buildinq Official: Granting this variance will not violate any building code setback requirement. RECOMMENDATIONS The proposed application does not meet the strict criteria required under Kenai Municipal Code. However, the request does not appear unreasonable. The house was built in 1975 and the garage in 1999. It is safe to assume that the applicant did not foresee wanting to construct the addition to the garage when planning the location of the house, garage, paved driveway, etc. Even though the request does not meet the strict criteria for a variance permit, it does not seem reasonable to deny the requested variance which still provides over ten feet setback from the side lot line. To allow for errors in construction, recommend approval of a 4-foot variance. ATTACHMENTS: 1. Resolution No. PZ05-30 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-30 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Nick Stoltzfus LOCATED 2805 Watergate Way- Lot 23, Block 1, VIP Estates Subdivision (Street Address/Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: . , o o That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on: May 5, 2005 This request is located on land zoned: RR- Rural Residential That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table- 4-Foot Side Yard Variance a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. That a duly advertised public heating as required by KMC 14.20.153 was conducted by the Commission on: May 25, 2005. 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, MAY 25, 2005. CHAIRPERSON: ATTEST: //*' ,:0','/' KENAI, ALASKA DATE' z -dR.S 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 · 907-283-301 Telephone 907-283-7535/FAX: 4 I I 1 92 APPLICATION FOR VARIANCE PERMIT MAILING ADDRESS' STREET ADDRESS' KPB PARCEL NUMBER:' PROPERTY ZONING' I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code)' _ .. '/'""'"' ~ '::!'"'" ':"i. 'c'.-',,,~..,:..~ ,' , _ ,.:., 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 procedure sheet.) You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all 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. ADDITIONAL COMMENTS: Applicant's Signature' Reviewed approved by the Planning Commission on day of Chairperson' Attest: \ ! } o 0 0 2930 2925 2910 CLIPPER CI 2905 KETCH ST 2915 2905 ITl Page 1 of 1 Marilyn Kebschull From: buckbraun [buckbraun@alaska.com] Sent: 13 May, 2005 2:32 PM To: Marilyn Kebschull Subject: PZ05-30 Nick STOLTZFUS is always improving the property, this should be approved by you folks, thanks/buck braun 05/17/2005 STAFF REPORT To: Planning & Zoning Commission Date: May 9, 2005 Res: PZ05-32 GENERAL INFORMATION Applicant: Linda L. Snow, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99669 283-7535 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS , Conditional Use Permit- Public Park Tract F, Leo T. Oberts Subdivision 1435 Chinook Court 04937002 RR- Rural Residential Vacant Rural 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. 0532 Comments.doc Page 2 This is an application by the City of Kenai to construct a small city park to serve travelers along the Unity Trail (bike path). This parcel of land was recently donated to the City for use as a park. The parcel is located near the East boundary of the city limit. The park will include a gravel trail from Unity Trail, a gravel pad, a picnic table and bench, and a trash receptacle. The proposed park will meet a need for a rest area for the Trail. There are no other city parks in this area. This property is located in the RR- Rural Residential zone. Parks are conditional in this zone. To approve the requested Conditional Use Permit, the Commission must determine that the application meets the criteria listed below: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. This parcel is located in the Rural Residential zone. The intent of the zone is, "The RR 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." The proposed park appears consistent with the zone. The development is minimal and access will be by bicycle or walking from the Unity Trail. The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property and neighborhood will not be impaired by the proposed park. The proposed use is in harmony with the Comprehensive Plan. This land is designated Rural Residential in the Comprehensive Plan. The Plan does not speak to parks in this zone; however, it is believed that parks are an integral part of residential zones and that the proposed park would be in harmony with the Plan. Public services and facilities are adequate to serve the proposed use. Maintenance of the park will be the responsibility of the Parks and Recreation Department. The Parks and Recreation Department that has sufficient manpower to maintain the new park. The proposed use will not be harmful to the public safety, health or welfare. The proposed park will not be harmful to the public safety, health, or welfare. 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. The park will be naturally buffered with the existing trees and vegetation. There are no special conditions necessary for the proposed park development. 0532 Comments.doc Page 3 City Engineer: If not used as a park, the property will revert back to the owners. As noted, no city parks are in this area, and the location at the top of a hill makes it a good rest area for those using the trail. Building Official: No building code issues. RECOMMENDATIONS The proposed park appears to meet the requirements for a Conditional Use Permit. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-32 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-32 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: Linda L. Snow, Ci_ty Manager, City of Kenai USE Park LOCATED 1435 Chinook Court- Tract F, Leo T. Oberts Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04937002 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 9, 2005 . This request is on land zoned' RR- Rural Residential o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 25, 2005. Se Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED PARK 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, MAY 25~ 2005. CHAIRPERSON: ATTEST: KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ' 111' 1992 CONDITIONAL USE APPLICATION Date: May 5, 2005 Applicant's Name: Linda L. Snow, City Manager Phone' 283-7535 Business Name: City of Kenai Mailing Address: 210 Fidalgo Avenue, Kenai, AK 99611 Street Address' 1435 Chinook Court (Where permit will be operated from.) Legal Description of Property: Tract F, Leo T. Oberts SD Kenai Peninsula Borough Parcel No.' 04937002 City of Kenai Zoning: RR- Rural Residential Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. A small City park will be constructed to serve as a rest stop for travelers along the Unity Trail. Park will include a gravel trail leading from the Unity Trail onto property, a gravel pad measuring approximately 20'X30', one sign, one picnic trable and a bench, and one trash receptacle. The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have 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.) [--]N/A I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date' on Unity est Area Rest Arei Access Trail N STAFF REPORT To: Planning & Zoning Commission Date: May 6, 2005 Res: PZ05-31 GENERAL INFORMATION Applicant' Bridgette Baird P.O. Box 1422 Kenai, Alaska 99611 283-3199 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation- Daycare Lot 2, Block 1 Cindy Subdivision 1207 Fourth Avenue #2 04309039 RS - Suburban Residential Residential NR- Neighborhood 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. Applicant rents from Choice Realty and they are aware of the daycare in the residence. The proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on May 4, 2005. If the day care is still in operation, a follow-up will be required on May 4, 2007. RECOMMENDATIONS Recommend Approval. ATTACHMENTS: 1. Resolution No. PZ05-31 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-31 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: Small World Daycare - Home Daycare (Type of Permit) OPERATED BY: Bridgette Baird LOCATED: 1207 Fourth Avenue - L2, B 1, Cindy Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04309039 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and received on April 13, 2005. 2. That the application has been reviewed by the Commission at their meeting of May 25, 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 25th day of May 2005. Chairman: ATTEST: RPR. 13, ~005 ?: 39NM CITY OF KENRI MO, 466 P. 3/4 ltO1Vt oCCUPAI'ION I:,F_,RMIT AppLICATION PAKCEL NUMBER: DESCRIPTION OF OCCUPA~ON: S=c~ion 16.20,21t0 of the City of Kenai Municipal Cod~ outlines r~gulations that allow ltomc Occupations i~ ~si~eufial zone, subject to ~e follow~g condi~ons: · Not mo~ ~~ ou~ pe~~ ou~ide tM f~ily sh~l bo employ~ in ~e home occupation, · No moro ~m 30 % of ~e ~oss floor yea of all buil~gs on ~ lot s~ll b~ used for the home occupation. · ~e home oc~pa~on s~ll be c~i~ on wholly wi~n ~e pdncipffi boiling, or ~ buil~ng which are accesso~ ~ercto. Any buildiu~ used for a home occupagon s~ll be wholly inclosed. Applicant's Si Application reviewed and approved by: 04-13-2005 07- 46 Planning & Zoning Commislion: Approved by the ~;\Wpgoos\l~OR.MS\HOM~ 0~UPA~01q ~M~ APPL1CA~0N,dm ~RIOSETTE ~aIRD 9MTaSaz999 PRGE' 3 ~00' d ~OC~ [~:0~ ~00~/~1/~0 d--tOO-dVO8-O [/~: LUO ~ z[ £: 39Wd GGG£29~2_0G a2J I W8 31139012JE] OS: BO $00~- £ $ - ~,0 STAFF REPORT To' Planning & Zoning Commission Date' May 11,2005 RE: Vacate a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision (Plat KN 216); within Section 25, and vacate a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. GENERAL INFORMATION: The Kenai Peninsula Borough will hold a public hearing on June 13, 2005 to hear the request for the proposed vacation listed above. If the Borough Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. If the vacation is approved on June 13t~, the Council will review the vacation. Prior to their review, the Council would like the Commission's comments and recommendations. Ci_ty Engineer: It appears that public access will still exist from Cook Inlet View Drive. development may be required with the proposed new fight-of-way. Street ,Public Works Manager' Does not appear to be needed for municipal utilities. Petitioner should be told that vacating this easement could restrict options for furore subdividing. Recommendation' If the Kenai Peninsula Borough approves this vacation, it is recommended that the City Council concur with the Borough's decision. PENINSLmA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a portion of a section line easement within the city of Kenai. Area under consideration is described as follows: A. Location and request: Vacate a portion of a 33-foot section line easement within Lots 5 thru 15 Block 14 of Carl F Ahlstmm Subdivision (Plat KN 216); within Section 25, and vacate a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-102 (NOTE: An Alternative dedication is proposed over travel way in use). Bo Purpose as stated in petition: Alternative dght of way is being used. C. Petitioner(s)' Bryan Lowe, Ronald D Dukowitz of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, June 13, 2005 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the Kenai Peninsula Borough, 144 N. Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Wednesday, June 8, 2005 [written comments may also be sent by Fax to 907-262-8618] If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commission must be taken within 30 days to the Supedor Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure.. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 262- 4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll Platting Officer PUBLISH 2X (Thursdays, May 26 and June 2, 2005) In accordance with Chapter 20 of Borough Codes, all property owners within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius; or you are an affected party. KENAI PENINST~A BOROUGH PLANNING DeP /· .__ -~\ PETITION TO VACATE PUBLIC.POGHT-OF-WAY/SECTION LINE EASE~ Upon receipt of complete application with fees and all required attachments; a public hearing before the~~,~2~~sion the Planning will be scheduled. The petition with all required information and attachments must bc in De~t at least 30 days prior to the preferred hearing date. By State Statue and Borough Code, the public hearing must bc scheduled within 60 days of receipt of complete application. Fees - $300 non-refundable fee to help defray costs of advertising public'hearing. Plat fees will be in addition to vacation fees. City Advisory Planning Commission. Copy of minutes at Which this item was acted on, along with a copy of City Staff Report. [ ]. Name of public fight-of-way proposed to be vacated is ; dedicated by plat of Subdivision, filed as Plat No. ~ in Recording District. Are there associated utility easements to be vacated? [].Yes ~No Are easements in use by any utility company; if so which? Easement for public road or fight-of-way as set out in (specify type of document) as recorded in Book ~ Page ~ of the Recording District. (Copy of recorded document must be' submitted wi~ petition) [] [] [] [e~' Section Line Easement. Width of easement must be shown on sketch. Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size. In the case of public fight-of-way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on'the sketch. Has fight-of-way been fully or partially constructed? Is right-of-way used by vehicles/pedestrians/other? Has section line easement been constructed? Is section line easement being used'/ Is alternative right-of-way being provided? [ ]Yes [ ]Yes [~]~No [ ]Yes [~]~No [] Yes ~pees [ ]No The petitioner must provide reasonable justification for the vacation. Reason for vacating The petition must be signed (written signature) by owners ofmaj0rity of the front feet of land fronting part of right-of-way or section line easement proposed to be vacated. Each must include mailing address and legal description of his/her property. Submitted by: Signature . Name /q r,¥ cl r~ ~,o~C as ~]~ePresentative [~]~etitioner Address I/(O, r"l a. i ~ ,e~ l,,C . qq~ l [ Phone Signature Name Address O~er of Si~amre Name Address Owner of Petitioners: Signature Name Address Owner of Signature Name Address Owner of V^cPEI'~o I~*Q gev. 06/92; 07196; 9/99 m. . · :.. ..! .. ', . ; I . . , · ~.. __ .. · · . . i"~ i ':' i.. · . · '. · -.: . . ..- -.. ~ ~' : ' ..... 1 "~.'. 1 'o.... ""', 'il ."~.~ ' . · i. ~i'.i.. ::' .'i.* "-'~ ~.... AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 18, :2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us BUDGET WORK SESSION --/5:00 P.M. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenc~a *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) o Proclamation -- Motorcycle Awareness Month . Proclamation -- V.F.W. Buddy Poppy Week . Larry L. Lewis, Wildlife Technician III, Alaska Department of Fish Game -- Long-Term Wildlife Mitigation Efforts on the Kenai Peninsula. ITEM C: UNSCHEDULED PUBLIC COMMEN~ (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCII~_ ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS . Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Pund. {Postponed from May 4, 2005 council meeting.) a. Substitute Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $55,112 in the Airport Land System Special Revenue Fund and $2,204,456 in the Parallel Taxiway Capital Project Fund. . Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the General Fund and the Multipurpose Facility Capital Project Fund for Improvements Requested by the Arctic Winter Games Host Society. Substitute Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the Arctic Winter Games Improvements Capital Project Fund for Improvements Requested by the Arctic Winter Games Host Society. Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. , Ordinance No. 2099-2005 -- Amending the Definition of "Partdng Space, Private" in KMC 14.20.320(b} to Exclude Garages and to Require Such Parking Spaces to be at Least Nine (9) Feet Wide. , Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." , Ordinance No. 2101-2005 -- Increasing Estimated Revenues and Appropriations by $11,500 in the Street Improvement Capital Project Fund for a Grant From the U.S. Fish & Wildlife Service for Culvert Replacement on Boat Launch Road. Resolution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. {Postponed from May 4, 2005 meeting.) Resolution No. 2005-23 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Taxiway Extension - 2005 for the Total Amount of $1,857,976.00. Liquor License Renewal-- PROTEST Roy Dale Howard, d/b/a Kenai Joe's-- Beverage Dispensary ITEM G: MINUTES , *Regular Meeting of May 4, 2005. *May 4, 2005 Budget Work Session Notes ITEM H_: OLD BUS]NESS ITEM I: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. . *Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. Approval-- Cost of Living Salary Increase/City. Clerk and City Attorney Approval-- Arctic winter Games A~reement/Reimbursement of Costs Related to Multipurpose Facility Upgrades. Approval -- Lot-1, Block 5; Lot 2, Block 2; and, Lot 2, Block 4, General Aviation Apron. a. Consents to Assignments-- Robert Bielefeld to Kenai Aviation Leasing Company, LLC ~b. Consents to Subleases -- Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc. Approval-- Special Use Permit/Kenai Chamber of Commerce -- East 24,500+ S.F. Portion Between the East Curbline and East Property Line of Lot 1, Gusty Subdivision, Addition No. 8. Approval-- Amendments to Airport Regulations -- Chapter 6.05, Short- Term and Limited Long-Term Parking. Discussion -- Proposed City of Kenai Mini-Grant · ' COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: , ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ..ITEM N: ADJOURNMENT MEMBERS: Dr. Rick Foster Homer City Term Expires 2004 Brent Johnson Kasilof/Clam Gulch Term Expires 2006 Blair Martin Kalifornsky Beach Term Expires 2006 Mark Massion Seldovia City Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2005 ALTERNATES: Bill Hutchinson Ridgeway Term Expires 2007 Jim Isharn Sterling Term Expires 2006 Dick Troeger Soldotna City Term Expires 2005 Ao a. Co Do KENAI PENINSULA BOROUGH PLAT COMMITTEI ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. May 23, 2005 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda . Member/Alternate Excused Absences 3. Minutes~ a. May 9, 2005 SUBDIVISION PLAT PUBLIC HEARINGS . Waterman Spring KPB 2005-116 [Seabright/Faulkner] Location- North of East End Road in Homer . Virginia Lynn No 6 KPB 2005-126 [Seabright/Rouse] Location- City of Homer 1 Mattox Subdivision Birch Terrace Replat KPB 2005-127 [Seabright/KPHINVise Ser. Property Mgmt. Location: City of Homer 1 Palmer Pines 2005 Replat KPB 2005-105 [Mullikin/Murphy/Peschier] Location' North of City of Homer K-Bay APC Giacierview Subdivision No 25 N/C KPB 2005-120 [Church/McGreenery] ,, am 1 10. Location' City of Homer C & H Estates Four KPB 2005-129 [Church/Foust/PitchedShemet] Location: North of East End Road in Homer Mikylla Subdivision KPB 2005-124 [Ability/Quality Services/Axel Enterprise] Location: East of Sterling Highway in Anchor Point Anchor Point APC John B. Fenger No 2 KPB 2005-125 [Freema'n/Meesis] Location: City of Homer Moose River Estates Subd. Tanghe Addn. KPB 2005-128 [VVhitford/Tanghe] Location: Off Silver Salmon Drive in Sterling Bluemck Creek Estates Subdivision KPB 2005-107 [McLane/Breeden/Sims] Location: West of Adkins Road in Sterling Continued from May 9, 2005 Plat Committee Meeting 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 June 13, 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~@borou~h.kenai.ak, us web site: www. b0rough.kenai.ak, us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA May 23, 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 PC Member Soldotna City Term Expires 2005 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. Bo C. D. E. 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 comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. '1. *2. *3. *5. Time Extension Requests Plats Granted Administrative Approval Plats Granted Final Approval (20.04.070) Plat Amendment Request Coastal Management Program a, Conclusive Consistency Determinations Received from DGC bo Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences . *7. Minutes Todd Petersen, East Peninsula ao May 9, 2005 Plat Committee Minutes b, May 9, 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 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 G. H, J, K. L. U. N. O. P. Go . ® , Vacate Storm Street and the portion of Bear Avenue adjacent to Tract 3 and associated utility easements dedicated by Diamond Acres Subdivision (Plat HM 76-24) And Vacate Storm Street, Orca Street, Donnan Street, Bear Avenue, El Camino Avenue, Hollywood Avenue and associated utility easements dedicated by Donnan's Divide (Plat HM 79-72); within Section 24, Township 5 South, Range 12 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough. KPB File 2005-064;I Petitioners: Larry E. and Colleen A. Riley; Location: Homer area . Resolution 2005-20; A land use permit application was received by the Borough to operate a material site in the Nikiski area. KPB 01505004, T07 R12W S27, Seward Meridian, Parcel: 9.3 acres; Portion to be excavated: approx. 5 acres; Applicant and Owner: Chester and Mavis Cone , An Ordinance authorizing the Long-Term Lease of Beach Access Tract, Moose Point Subdivision to ConocoPhillips Company at Fair Market Value ANADROMOUS STREAM. HABITAT PROTECTION (KPB 21.18) VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS 1. Lake View Terrace North Shore Addition Phase 1 Bldg. Setback Exception KPB 2005-130 Resolution No. 2005-19 Petitioner: Anthony E Locke Location' Sterling area SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review ten plats. COASTAL MANAGEMENT PROGF~M CONSIDERATIONS OTHER/NEW BUSINESS ASSEMBLY COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED City of Kenai Planning & Zoning Commission Minutes - April 27, 2005 United States Department of Agriculture Letter- May 3, 2005 Anchor Point Advisory Planning Commission Agenda - May 17, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held June 13, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, $oldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Cooper Landing Cooper Landing Community Hall June 8, 2005 Anchor Point Anchor Point Visitor June 7, 2005 Information Center June 21, 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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: Dlannin~bomu~h.kenai.ak. us _ _ web site: .www..boro.u.qh.ke.nai.ak.us/planningdept <: