HomeMy WebLinkAbout2005-09-14 Planning & Zoning Packet COMMISSION CHAIR REPORT
September 14~ 2005
REGULAR COMMISSION MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
Kenai Airport Boundary Map
STAFF
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 14, 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.
®
*APPROVAL OF MINUTES:
a. *August 24, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS'
5. PUBLIC HEARINGS:
a. PZ05-53 - An application to rezone the properties known as Tract A and Tract B, Gusty
Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from
Conservation to General Commercial. Application submitted by Charles M. K0pp,
Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
b. PZ05-54- An application to amend Conditional Use Permit PZ05-27 to allow
construction of a storage building for the property known as Lot2, Block 17 West 60-
Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George
A. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS'
a. Tideland Application for Shore Fishery- Discussion/Recommendation
b. Commission/Committee/Board Meeting Schedules - 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'
Agenda
September 14, 2005
Page 2
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. FY 2006 Alaska Designated Legislative Grants
b. Zoning Bulletin (8/10/05& 8/25/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting- Development of a Mixed Use Overlay
Zone- Discussion
KENAI. ALASKA
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX: 907-283-3014
1992
M
MO:
TO'
John Hammelman, Chair, Planning & Zoning Commission
The Planning & Zoning Commission
FROM'
Marilyn Kebschull, Planning Administrator
DATE'
September 6, 2005
SUBJECT: August 24, 2005 Minutes - Clarification
Cliff Baker of Integrity Surveys asked that the minutes regarding PZ05-52 be
clarified. On page 2 it states, "The plat would vacate a 33-foot right-of-way
easement and replace it with a 30-foot utility easement." He requested that the
minutes state the following, "The plat vacates a 33-foot right-of way easement on
Government Lots 94 and 105 and creates a 15-foot utility easement .on both lots."
Mr. Baker believes the clarification will eliminate any confusion when the Kenai
Peninsula Borough reviews the vacation.
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 24, 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.
0
*APPROVAL OF MINUTES:
a. *August 10, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ05-52 - Preliminary Plat- ROW Easement Vacation (Associated with Government
Lots 94 & 105 located within the SE 1/4 Section 34, T6N, R11W). Plat submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ05-51 - An application for a Variance Permit for a 17-foot rear yard setback variance
for the property defined as Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4
(1541 Stellar Drive), Kenai, Alaska. Application submitted by Daniel Greene, P.O. Box
2563, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
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" (7/25/05)
13. COMMISSION COMMENTS & QUESTIONS-
14. ADJOURNMENT:
CITY OF KENAI
PLANNING ~k ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
AUGUST 24, 2005 - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chair Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows'
Commissioners present'
Commissioners absent:
Others present:
J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B.
Eldridge, N. Amen
None
Council Member R. Ross, City Planner M. Kebschull, City
Clerk C. Freas
X-bo
Agenda Approval
MOTION:
Commissioner Amen MOVED to approve the agenda as presented and requested
UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no
objections. SO ORDERED.
1 'C.
Consent Agenda
MOTION:
Commissioner Glick MOVED for approval of the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- August 10, 2005
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4: CONSIDERATION OF PLATS
PZ05-52 '- Preliminary Plat/ROW Easement Vacation (Associated with
Government Lots 94 & 105 located within the SE1/4 Section 34, T6N,
R11W). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway,
Kenai, Alaska.
·
available.
correct the spelling of the street from
City Planner Kebschull reviewed the staff report included in the packet, noting:
· The plat would vacate a 33-foot right-of-way easement and replace it with
a 30-foot utility easement.
A gully running along the back sides of the parcels would make the
future expansion of Kiana Lane unlikely.
The properties are zoned rural residential and water and sewer are
An installation agreement will not be required.
The utility easement may be needed for a water line extension.
The city would like the easement.
Staff has no objection to the plat with the recommendation added to
"Kianna Street" to "Kiana Lane."
MOTION:
Commissioner Eldridge MOVED for approval of Resolution PZ05-52 with the
recommendation of staff included. Commissioner Bryson SECONDED the motion.
A brief discussion followed in which Kebschull noted the location of the properties;
Kiana Lane parallels Aliak Street; there are no plans for extending Kiana to the
highway due to gullies in the area and to do it would be very costly.
VOTE:
Barrett
Bryson
Amen
Yes Glick Yes
Yes Twait Yes
Yes
Hammelman Yes
Yes
Eldrid§e
MOTION PASSED UNANIMOUSLY.
ITEM 5'
PUBLIC HEARINGS
PZ05-51 -- An application for a Variance Permit for a 17-foot rear yard
setback variance for the property defined as Lot 40, Block 4, Redoubt
Terrace Subdivision Addition 4 (1541 Stellar Drive), Kenai, Alaska.
Application submitted by Daniel Greene, P.O. Box 2563, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting:
· The application was for a 17' rear setback variance to construct a 240 sq.
ft. shed in the back yard.
· The applicants are trying to work within the constraints of the location of
the house, trees, and landscaping.
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 2
· It does not appear there are special conditions or special circumstances
involved that are not applicable to other properties in the area.
· It is an accessory structure and would meet the guidelines for granting of
the variance.
· Because it is a 17 ft. variance requested, it is not believed it is a
minimum variance to provide reasonable use of the structure or the land.
· The applicant provided pictures to indicate there are other similar
structures in the neighborhood, however it is noted in the code a variance shall not be
based on other non-conforming land uses.
· Because it appears the application did not meet the criteria for a
variance, staff recommended denial.
Commissioner Amen requested to be excused from the dais for the discussion and
voting on the issue due to being a neighbor of the applicant and wanting to speak to
the issue as a member of the public. Chair Hammelman had no objections to the
request and excused Amen from the dais for the issue. Amen moved to the audience.
Hammelman opened the floor to public hearing.
Jackie Greene, 1541 Stellar Drive, Kenai -- Ms. Greene noted the following:
· She provided pictures indicating their planned location of the cold-
storage shed.
· They applied for a variance in order to accommodate the 20' variance and
setbacks required and to eliminate removing the mature trees in the back yard -- an
expense that would far outweigh the need for the shed.
· Without the variance, the shed would have to be placed in the middle of
the yard and it would be we feet from their home.
She believes there would be added privacy with the shed being placed
adjacent to the neighbor's fence.
· The want to build the shed at the size noted to accommodate storage of
their canoe as well as other belongings.
Commissioner Bryson noted an inconsistency with the dimensions indicated on the
drawing included in the packet.
Brandi Pennison, 1539 Stellar -- Noted the location of her home to the Greene
property and stated she has no objection to the placement of the shed.
Nelson Amen, 1508 Toyon Way-- Amen explained the following:
· His home shares the back fence line with the Greene property and may
be most affected by the Greene proposal.
· Most of the homes in the neighborhood have a storage shed in the back
yards and adding another is not a big issue.
· He supports the argument to not cut the trees down.
· He would not object to the shed being three feet away from the common
fence line.
· Referring to the comment about reasonable use, he believed not granting
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 3
the variance and still placing a shed on the property would cut up the back yard. He
added, he believed it would be a reasonable use.
· He did not believe placing the shed as requested would affect property
values.
· He has two storage sheds in his yard.
There being no one else wanting to speak, Hammelman closed the public hearing.
MOTION:
Commissioner Eldridge MOVED for approval of Resolution PZ05-51, an application for
a Variance Permit for a 17-foot rear yard setback variance for the property defined as
Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4, 1541 Stellar Drive, Kenai.
Commissioner Twa_it SECONDED the motion.
Bryson noted the dimension shown on the plat should be approximately 34 feet
instead of 32 feet.
Hammelman asked if it would be acceptable if the storage shed were placed on a skid.
Kebschull answered no and added, a lot of the structures were built without building
permits and an eight-foot fence would require a building permit.
VOTE:
Barrett No Glick No Hammelman Yes
Yes Twa_it Yes Yes
Br~son
Amen
Abstained
Eldrid§e
MOTION PASSED.
Hammelman explained the appeal process.
ITEM
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS-- None.
ITEM 8:
PENDING ITEMS
8-ae
ITEM 9:
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.)
CODE ENFORCEMENT-- None.
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 4
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action a§enda from the
August 17, 2005 council meetin§ was included in the packet. A brief discussion took
place relatin§ to council's approval to proceed with an ordinance to consider sellin§
wetland property to The Conservation Fund. He noted, the ordinance would receive
two public hearin§s and the meetin§ summary of the Harbor Commission and minutes
of the Plannin§ & Zonin§ Commission discussions were included with the information
forwarded to council.
10-b. BorouEh PlanninE -- Commissioner Bryson §ave a brief report based on
actions taken at the August 22, 2005 Borough Planning Commission.
10-¢. Administration -- Kebschull noted the followin§:
· The next Airport Commission work session would be held on Thursday,
August 25, 2005.
· The August 31, 2005 date for holding a Planning & Zoning Commission
work session was approved. The work session will begin at 7'00 p.m. in the Council
Chambers.
· The cancellation of the Commission's second meetings in November and
December were approved.
· At its Strategic Planning Session held on August 20, the Council
requested the Commission review the landscaping ordinance, looking at all zones and
make recommendations for changes.
· Council set a Board of Adjustment hearing for September 7, 2005 at 6:00
p.m. in the matter of the Jay & Williams Snow appeal.
· Council held a Board of Adjustment hearing in the matter of the Doyle
conditional use permit for excavation (filed by J. Krein).
Clarified, when considering "reasonable use" of a property, the principal
permitted use is reviewed. If someone has a home on a residential lot, they have been
given reasonable use of the lot.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
11-a.
"Zoning Bulletin" (7 / 25 / 05)
ITEM 13:
COMMISSION COMMENTS/l~ QUESTIONS
Commissioner Amen thanked the Commission for considering his neighbor's request
for the variance. He added, he would have been satisfied with the Commission's
determination whether they approved it or not.
Commissioner Barrett reported he would be out of town for the next three or four
weeks and will miss Commission meetings. He reported he spoke to Mayor Porter
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 5
about the issue and would write a letter explaining the absence.
would return for the second meeting in September.
Barrett added, he
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED for adjournment and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:30 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 6
STAFF REPORT
To: Planning & Zoning Commission
Date: May 18,2005
Res: PZ05-53
GENERAL INFORMATION
Applicant'
Charles M. Kopp, Acting City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
283-7535
Requested Action:
Legal Description:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Rezone - Conservation to General Commercial
Tract A and Tract B, Gusty Subdivision Addition No. 2
0471 6001 and 0471 6002
Conservation
Vacant
Conservation/Open Space
General Information:
This is an application to rezone the properties described as Tract A and Tract B,
Gusty Subdivision Addition No. 2 shown on Attachment A from conservation to
general commercial. These parcels are located on the Kenai Spur Highway and
lie adjacent to properties zoned General Commercial and Historic Townsite.
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights-
of-way) unless the amendment enlarges an adjacent district boundary." The
proposed rezone meets the requirements of KMC 14.20.270.
The property is currently zoned conservation. The intent of the conservation
zone is, "The C-Zone is intended to apply to areas which should be preserved
primarily as open areas and as watersheds and wildlife reserves. Airport and
related uses have been included in this zone to allow for the reservation of
aircraft approach zones. It is intended that this zone shall apply mainly to publicly
owned land." Because of the location of these parcels, it does not appear that
they meet the intent of the conservation zone.
0553 Comment. doc Page 2
The proposed zoning is general commercial. The intent of the general
commercial zone is, "To provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to
concentrate commercial development to the greatest extent possible and to
prevent any uses which would have an adverse effect upon nearby properties.
New single and two-family residential uses and other noncommercial uses,
except as otherwise provided in this chapter, are not permitted in this zone as
principal uses because it is intended that land Classified in this zone be reserved
for commercial purposes, and because a commercial zone is not suited to the
uses excluded above."
This 'parcel is designated in the Comprehensive Plan as Conservation. The
Comprehensive Plan defines the Conservation Land Use as, "The Conservation
district applies to public lands whose primary use is open space, recreation, fish
and wildlife habitat, drainage ways, floodplain, and wetlands. Some public
improvements may be appropriate within appropriate design guidelines."
The City of Kenai is requesting this rezone to provide for possible development of
the property. According to the City's records, this property was zoned
conservation during the original zoning in July 1984.
The updated Comprehensive Plan recognized the need to review and revise the
conservation zone standards and to rezone public lands surplus to Kenai's future
development needs for conservation. The Plan also notes that, "Where
appropriate, re-designate areas now zoned for conservation to conform to the
expected use of the area, e.g. parts of the Kenai Municipal Airport and privately
owned parcels now zoned for conservation." Policy N1 speaks to this noting
that a clearer description of the intent of the zone and when and where the zone
should be applied is needed.
The Plan also notes that there is, "an issue of neighborhood concern as result of
commercial development near residential areas as conditional uses or through
rezones, particularly along the Kenai Spur Highway. This area is not located near
· a residential zone.
City Engineer'
City water and sewer services are not available. Tract A was used as a utility
company facility site.
Buildinq Official'
No building code issues.
RECOMMENDATIONS
0553 Comment.doc Page 3
When the City assumed zoning powers from the Borough in 1984, these parcels
were zoned conservation. The parcels are located on the Kenai Spur Highway
and adjacent to properties zoned General Commercial and Historic Townsite. It
does not appear that the current zoning is appropriate and the proposed rezone
to General Commercial appears a more appropriate land use for these properties.
It appears that rezoning these parcels to the General Commercial Zone meets the
criteria of the Kenai Municipal Code and the Comprehensive Plan. Recommend
approval.
ATTACHMENTS:
1. Resolution No.
2. Application
3. Drawings
PZ05-53
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-53
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED BY
NAME: CHARLES M. KOPP, ACTING CITY MANAGER, CITY OF KENAI
ADDRESS: 210 FIDALGO AVENUE, KENAI, AK 99611
LEGAL: TRACT A AND TRACT B, GUSTY SUBDIVISION ADDITION NO. 2
PARCEL #: 04716001 AND 04716002
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned CONSERVATION
2. The present land use plan designation is CONSERVATION/OPEN SPACE
3. The proposed zoning district is GENERAL COMMERCIAL
4. An appropriate public hearing as required was conducted on September 14, 2005
5. That the following additional facts have been found to exist:
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of TRACT A AND TRACT B~ GUSTY
SUBDIVISION ADDITION NO. 2 AS SHOWN ON ATTACHMENT A is hereby
recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, September 14~ 2005.
CHAIRPERSON: ATTEST:
P~oposed aezone
PZ05-53
CG
TSH
C
CG
CC
PENIA
Attachment A
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
REZONING APPLICATION
ADDRESS
PHONE
LEGAL DESCRIPTION
PRESENT ZONE
PROPOSED ZONE
Charles M. Kopp, Acting City Manager, City of Kenai
210 Fidalgo Avenue, Kenai, AK 99611
907-283-7535
Tract A and Tract B, Gusty Subdivision Addition No. 2
Conservation
General Commercial Zone
Intended Use and/or Reason for Rezoning: To provide for possible development of the
property.
Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning
Code and Official Map. 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.
1. Qr_
Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majority of the property owners in the area to
be rezoned; or, a petition bearing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by the Home Rule Charter of the City
of Kenai.
,
Amendments to the Official Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (1) acre (excluding street or
alley right-of-way) unless the amendment enlarges an adjacent district
boundary.
Rezoning Application
Page 2
3.
A Public Notification and Heating is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising and administrative
services fee is required to cover these notification costs. Depending on the
rezone location, an Affidavit of Posting may also be required.
A proposed amendment to the zoning ordinance which is substantially the
same as any other proposed amendment submitted within the previous
nine (9) months and which was not approved shall not be considered.
Petitioner's Signature
CHAIRPERSON
ATTEST
REZONING CHECKLIST:
a. MAP
b. SIGNATURES
c. DEPOSIT/ADVERTISING FEE ($105)
d. APPLICATION FORM OR LETTER
e. AFFIDAVIT OF POSTING
GOV'T. LOT 86 GOV'T. LOT 32
GOV'T. LOT 334
GOV'T. LOT 33
NORTH 150' OF
GOV'T. LOT 34
REMAINDER OF
GOV'T. LOT 34
TR. A
.... P:~Oposed Rezone
GOV'T. LOT 127
TR. B
GOV'T. LOT 36
GOV'T. LOT 37
192-A3
GUSTY
,DDN. NO. 2
SHADURA
TR. A
SUBD.
U.S.S. 1435
ET(
1
ADD'N.
R. 2 L 13 .
STAFF REPORT
To: Planning & Zoning Commission
Date: August 25, 2005
Res: PZ05-54
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:
Amend Conditional Use Permit PZ05-27 - Storage
Lot 2, Block 17, Original Townsite of Kenai West 60-Foot
Thereof
807 Peninsula Avenue
04710104
CC - Central Commercial
Vacant
Mixed Use
ANALYSIS
General Information:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the review criteria that must be satisfied prior to issuing the
permit. The criteria are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district;
2. The value of the adjoining property and neighborhood will not be significantly
impaired;
3. The proposed use is in harmony with the Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or welfare;
6. Any and all specific conditions deemed necessary by the commission to fulfill
the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to measures relative to access, screening, site
0554 Comment.doc Page 2
development, building design, operation of the use and other similar aspects
related to the proposed use.
On May 25, 2005, the Commission approved a Conditional Use Permit for a Connex
storage building to be placed at 807 Peninsula Avenue. During the public hearing,
Commissioner Barrett asked for clarification on the use because the resolution stated
"storage" while the application specified a "Connex." Planning Assistant Carver advised
that the application was always considered as the development proposal. Resolutions
state uses from the Land Use Table. Mr. Shrag, Manager of the apartment complexes,
noted that they wanted an attractive unit for storage and may chose to build a unit rather
than using a Connex. (A copy of the minutes are attached.) Because the issue wasn't
clarified, and the applicant now proposes to build a structure rather than use a Connex,
they are applying for a modification of the original permit.
All of the criteria required for the original permit should be considered.
staff comments from that application is attached.
A copy of the
Kenai Municipal Code 14.20.150 (h) states,
(h) Modification of Final Approval:
(1) An approved conditional use permit may, upon application by the permittee,
be modified by the Planning and Zoning Commission;
(a) When changed conditions cause the conditional use to no longer conform
to the standards for its approval;
(b) To implement a different development plan conforming to the standards
for its approval.
(2) The modification application shall be subject to a public heating and a filing
fee.
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 applicant is requesting to modify the original. This application is basically the same
as the original except the applicant would like the opportunity to construct a storage
building or use a Connex. The applicant is still researching what type of structure to use.
This modification does not change the use as
May 25, 2005. Recommend approval.
approved by the Commission on
0554 Comment.doc Page 3
ATTACHMENTS:
le
2.
3.
4.
5.
Resolution No. PZ05-54
Application
Drawings
PZ05-27 Comments
Excerpt from May 25, 2005 Minutes
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-54
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZON1NG 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:
le
That an application meeting the requirements of Section 14.20.150 has been submitted
and received on' August 19, 2005
e
This request is on land zoned' Central Commercial
ge
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' September 14, 2005.
Se
Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANN1NG AND ZON1NG
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, September 14, 2005.
CHAIRPERSON: ATTEST:
//~, 1~=-..?;~7*.,'N,% 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535/F:AX~
1992
KENAI, ALASKA
CONDITIONAL USE PERMIT
APPLICATION
Date:
Applicant's Name' ~ O-OY-~ ~.. ,~
Business Name:
Mailing Address' ,~'~
Street Address'
(Where permit will be operated from.)
Phone:
~%'//
Legal Description of Property: 7'0.~")~
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.
. 71,
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'
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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
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4:
CONSIDERATION OF PLATS- None.
ITEM 5:
PUBLIC HEARINGS
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
Carver reported the following:
· This is a small lot which limits development
· Applicant would like to place a Connex on the lot for storage for the
adjacent apartment buildings. The Connex would blend into the scenery
Staff recommends approval
Hammelman opened the public hearing.
Mark Schrag, 312 Princess, Kenai, Alaska- Mr. Schrag noted the following: · He manages the apartment complexes for owner George Nice
· They aren't quite sure where they are going to put the storage facility on
the lot. They might put it on the cement slab.
· Owner wants an attractive unit for storage. Might build a unit rather
than using a Connex.
Commissioner Bryson asked if Mr. Nice owned both complexes and Mr. Schrag replied
that he did. Bryson asked if the tree buffer would remain. Mr. Schrag replied that it
would subject to beetle attack.
Public hearing was closed.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-27 and Commissioner Barrett
SECONDED the motion.
Bryson clarified to include the staff's recommendation.
agreed.
Commissioner Eldridge
Commissioner Barrett pointed out the resolution states a "storage building" while the
application specifies a Connex. He asked if this resolution would cover any storage
building or was it only for a Connex container. Carver answered it covers only a
Connex container.
PLANNING & ZONING COMMISSION MEETING
MAY 25, 2O05
PAGE 2
VOTE:
Glick Absent
Twait Yes
Barrett Yes
Hammelman
Eldrid§e
Yes Bryson
Yes Amen
Yes
Absent
MOTION PASSED UNANIMOUSLY.
Hammelman explained the 15-day appeal process and reiterated that this was for a
Connex and not a constructed storage unit.
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.
Carver noted the following'
· Applicant plans to rent the units for a short time during the summer
season.
· The unit was constructed in 1995 with direct access from North
Strawberry Road. Enough parking is provided for intended use.
· Short-term rentals would not adversely affect the neighboring property
· Staff recommended approval with the provision the fire marshal inspect
the property. The fire marshal inspected the property on May 25, 2005 and there were
no fire code violations.
Hammelman opened the public hearing. There being no comment, the public hearing
was closed.
MOTION:
Commissioner Bryson MOVED to approve PZ05-28 and Commissioner Eldridge
SECONDED the motion.
VOTE:
Glick
Absent Hammelman
Twa_it Yes
Barrett Yes
Eldrid§e
Yes
Yes
IBryson
Amen
Yes
Absent
MOTION PASSED UNANIMOUSLY.
PLANNING & ZONING COMMISSION MEETING
MAY 25, 2005
PAGE 3
210 Fidalgo Avenue, Kenai, Alaska 99fi11-7794
Telephone' (907) 283-7535 / Fax: (907) 283-3014
www. ci.kenai.ak.us
KENAi, ALASKA
Memorandum
Date:
To.'
From:
September 2, 2005
Kenai Harbor Commission
Kenai Planning and Zoning Commission
Kim Howard, Assistant to City Manager
Tideland Application for Shore Fishery
The City has received a letter from Ted J. Crookston asking the City to begin the process to allow for a
shore fishery lease. The approximate area is shown on the attached map and is within the boundary of
Alaska Tidelands Survey 272 (ATS 272) on the north and west. The patent from the State of Alaska
for ATS 272 deeded these tidelands to the City. Mr. Crookston is working with a surveyor to provide
a survey of the land.
KMC 11.20.040, Classification Prior to Lease Required provides'
Before accepting applications to lease tidelands, the area involved shall have first been
classified for leasing by the City Council with the approval of the Planning and Harbor
Conunissions, and their availability advertised in a newspaper of general circulation in the
area once each week for two (2) successive weeks not less than thirty (30) days prior to the
time set for the closing of the acceptance of applications, and that all applications are available
for public inspection at City Hall offices.
At this time, approval of the concept of leasing these tidelands is requested, not approval of any
specific application. Applications will be provided to the commissions at a later date for a review.
KMC 11.20.070(c) states, "The City Council shall make the final determination of the selection of the
applicant based upon the Commission's recommendation and approve or reject the choice of
application made." ~
Do the Harbor Commission and Planning and Zoning Commission recommend the described
tidelands be made available for lease?
Attachments
Cc: Ted Crookston
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Kenai City Limits
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August 17, 2005
City of Kenai
Kim Howard
Assistant to the City Manager
210 Fidalgo Ave, Suite 200
Kenai, Alaska 99611-7794
Ted J. Crookston
42321 N. Cook Inlet, REM
Kenai, Alaska 99611
,-RECEIVED---, .........
,~-~,
Ct"FY OF K£NA!
ADMINiSTRATiON
Subject: Tideland Lease Application for Shore Fishery
Dear Kim;
This letter serves as formal notification to the City of Kenai of my desire and intent to
obtain a Tideland Lease as set forth in KMC 11.20 for the purpose of a shore fishery.
I hereby request the City of Kenai to initiate all necessary procedures in order to process
my application as soon as possible.
My contact information is as follows:
Ted Crookston
42321 lq. Cook Inlet, REM
Kenai, Alaska 99611
Primary business cell phone: 801-502-822
Email' tedcrookston~mac, com
Local telephone' 907-283-6480
Attached is a portion of a survey, labeled as "Attachment A," depicting the "Subject
Area" which identifies the area intended for the lease.
Thank you for your consideration and assistance. I look forward to working with you to
comp[gte this process.
,
--Ted J. Cr~kston
h
300'
300'
300'
300'
S 53' 0 --
210' '":'"%'"~ ..... .N..E.T. FISHING AREA
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300'
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FISHING
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ACT B
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SF"P NO. 71
TRACT !
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210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX' 907-283-3014
www. ci.kenai.ak, us
KENAI, ALASKA
MEMORANDUM
TO'
FROM:
DATE:
COMMISSION/COMMITTEE/BOARD MEMBERS
Carol L. Freas, City C~/~~
August 24, 2005
RE:
MEETING SCHEDULES
Because of problems in achieving quorums for commission/committee or board meetings over
the years, the Kenai City Council, at its Strategic Planning Session held on August 20, 2005,
discussed how participation might be improved.
Council and Administration recognize the value of commission/committee or board members
and that as volunteers, you have determined to give up personal time in order to participate
because of your commitment to the community. However, it is also recognized that lack of
attendance by a few can result in:
· A lack of quorum -- no business may be conducted without a quorum of the
whole being represented (a seven-member commission must have four members present in
order to conduct business).
· Loss of valuable time for those of the membership who do attend.
· Costs in staff time in preparing meeting packets, attending meetings, preparing
meeting summaries/minutes, copying packets, postage for mailing packets, and meeting
advertising, which average at approximately $300.00/meeting (Planning & Zoning,
approximately $500/meeting or $1,000/month).
In addition, the KMC 1.90.050(b) (a copy of which is provided to all appointees) states,
If the commission, committee or board member shall be absent from more than
one-half of all the meetings of his/her committee, commission or board, regular
and special, held within any period of three (3) consecutive calendar months,
he/she shall thereupon cease to hold the seat.
It was Council's suggestion the members of our commissions/committees and boards be asked
to discuss this issue and offer recommendations for encouraging better meeting participation.
Keeping in mind the standard meeting day, time and place will remain as it is currently, please
consider the following:
1. Would you prefer the commission/committee or board meeting to return to a bi-
monthly schedule?
2. Would you prefer meeting only during summer months? If so, which months?
3. Would you prefer meeting only during winter months? If so, which months?
4. Do you, as a group, have other recommendations for Council to consider related
to commission/committee and board participation, i.e. combine commissions and
responsibilities, increase membership, etc.?
Thanks for your help!
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