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Home My WebLink About2009-08-26 Planning & Zoning Packet6. OLD BUSINESS: 7. NEW BUSINESS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 26, 2009 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *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. *August 12, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -47 An application for a Conditional Use Permit for a Daycare/Preschool for the property known as Lot 7, Block 3, VIP Country Estates Subdivision Lots 1B -10B VIP Park Estates Subdivision Portions of Blocks 1 3 (2910 Pirate Lane). Application submitted by Linda Campanella, Lil' Britches Daycare/Preschool, 2730 VIP Drive, Kenai, Alaska. 8. PENDING ITEMS: a. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. Agenda August 26, 2009 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting Proposed Amendment Wind Energy Systems (Wind Turbines) Page 2 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *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. *July 22, 2009 CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 12, 2009 7:00 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Dorothy Gray Kenai Russian Orthodox Church Save America's Treasure's Grant 4. CONSIDERATION OF PLATS: a. PZ09 -42 Pinewood Subdivision Gerow Addition A resubdivision of Pinewood Subdivision KN -1586, Lots 1 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. b. PZ09 -44 Alaska State Lane Survey No. 2008 -45 Creating Tract A and dedicating 33- foot right -of -way (Spruce Street) (Subdivision of Gov't Lots 131, 165, 166). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -39 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Landscaping/Site Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section KMC 14.25.025 (Retention Basins) to provide landscaping and site plan requirements for the development of retention basins be enacted. b. PZ09 -40 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table in KMC 14.22.010 to provide that tattoo parlors and massage therapists require a conditional use permit in the Townsite Historic Zone (TSH). c. PZ09 -41 An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates Portions of Blocks 1 3 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soldotna, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. PZ09 -43 Landscape /Site Plan Aaron Murray Kenai Hanger, LLC, 441 North Willow Street Lot 11A, FBO Subdivision (Preliminary Plat) b. Zoning Bulletin (7/10/09 7/25/09) c. Second Quarter Building Permit Comparison 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION AUGUST 12, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: J. Brookman, K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers Staff /Council Liaison present: City Planner M. Kebschull, Assistant to City Planner N. Carver, Deputy City Clerk C. Hall, Council Member R. Molloy A quorum was present. 1 -b. Agenda Approval Commissioner Brookman read the following additions to the agenda: ADD TO: 5 -c. Amended Staff Report Kevin Walker Comments Chris Lori Every Comments MOTION: Commissioner Brookman MOVED to approve the agenda with the lay downs and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Approved by consent agenda. Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES ITEM 2: *APPROVAL OF MINUTES July 22, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Dorothy Gray Kenai Russian Orthodox Church Save America's Treasure's Grant Gray gave a brief history of the church, and explained the Save America's Treasures grant would fund shoring up the walls of the church, renovating the foundation, adding an ADA compliant ramp, and adding a fire and theft alarm. She also explained the Church had received support from the Rasmuson Foundation which would be received in the near future and noted the Church was working with the Kenai Convention and Visitors Center to host the icon collection during the renovation. ITEM 4: CONSIDERATION OF PLATS 4.a. MOTION: VOTE: *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. PZ09 -42 Pinewood Subdivision Gerow Addition A resubdivision of Pinewood Subdivision KN -1586; Lots 1 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. The floor was opened for public hearing. There being no comments, the public hearing was closed. There were no Commission comments. Commissioner Bryson MOVED to approve PZ09 -42 and Commissioner Wells SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 2 Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES MOTION PASSED UNANIMOUSLY. 4 -b. PZ09 -44 Alaska State Lane Survey No. 2008 -45 Creating Tract A and dedicating 33 -foot right -of -way (Spruce Street) (Subdivision of Gov't Lots 131, 165, 166) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, and noted the plat was required by the State in order to convey land to the City to be used for a well and wellhead. She recommended approval with the noted street name correction. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Wells MOVED to approve PZ09 -44 with staff recommendations and Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -39 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Landscaping /Site Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section KMC 14.25.025 (Retention Basins) to provide landscaping and site plan requirements for the development of retention basins be enacted. Kebschull reviewed the staff report included in the packet, and noted the resolution would protect public safety and landscape aesthetics and referred to the sunset clause stating existing retention basins would have one year to comply. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 3 Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Commissioner Brookman MOVED to approve PZ09 -39 with staff recommendations and Commissioner Rogers SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ09 -40 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table in KMC 14.22.010 to provide that tattoo parlors and massage therapists require a conditional use permit in the Townsite Historic Zone (TSH) Kebschull reviewed the staff report included in the packet, and noted it was the final resolution related to changes to the Land Use Table requested by the City Council. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Romain MOVED to approve PZ09 -40 and Commissioner Bryson SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 7:31 P.M. BACK TO ORDER: 7 :38 5 -c. PZ09 -41 An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates Portions of Blocks 1 3 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soldotna, Alaska. PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 4 Brookman NO Koester NO Romain NO Wells NO Twait NO Bryson NO Rogers NO Kebschull reviewed the amended staff report included in the lay down, and noted the effect of the guide business had impacted the residential integrity of the zone and while her initial recommendation was to approve the permit, after consideration of the comments received, she recommended the permit be denied. Deputy Clerk Hall read the comments from Chris and Lori Every included in the lay down. Twait opened the meeting to public hearing. Linda Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit; noting traffic, noise and the cluttered lot. Bob Tepp, 2715 Watergate Way, Kenai Spoke in opposition to the permit, noting the increased noise. Sam Copeland, 615 Set Net Drive, Kenai Spoke in opposition to the permit, noting he did not want commercial business within a residential zone. Steve Stanton, 2545 Seine Court, Kenai Spoke in opposition to the permit, noting noise, pollution, and safety on the roads within the subdivision. Reubin Payne, 2535 Watergate Way, Kenai Applicant noted he wanted to be a good neighbor and was willing to work with the process to comply. Preston Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit. Mindy Payne, 2535 Watergate Way, Kenai Applicant spoke in favor of the permit. There being no further comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Bryson MOVED to approve PZ09 -41 and Commissioner Romain SECONDED the motion. Commissioner Bryson inquired what would be required for the use to become a home occupation and Kebschull explained, the applicant could use no more than 30 percent of the home and have no more than one employee. VOTE: PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 5 MOTION UNANIMOUSLY FAILED. Twait read the appeals process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS 8 -a. PZO9 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and 'various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items from the August 5, 2009 City Council meeting. 9 -b. Borough Planning Borough Planning Commissioner Bryson reviewed the agenda from the August 10, 2009 Borough Planning Commission meeting. 9 -c. Administration Kebschull reviewed her memorandum included in the packet related to changes of November and December Commission meetings. Kebschull suggested a motion be considered. MOTION: Commissioner Wells MOVED to request moving the November meeting date from November 11 (Veteran's Day) to November 10, and cancelling the November 25 and December 23 meetings. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 10: ITEM 11: 11 -a. PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS PZ09 -43 Landscape /Site Plan Aaron Murray Kenai Hanger, LLC, 441 North Willow Street Lot 11A, FBO Subdivision (Preliminary Plat). 11 -b. Zoning Bulletin (7/10/09 7/25/09). 11 -c. Second Quarter Building Permit Comparison. ITEM 12: COMMISSION COMMENTS QUESTIONS PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 6 Bryson Inquired about the City receiving rock from the Borough for the Bluff Erosion Project. Council Member Molloy reported the Borough would give the City free rock from gravel pits in Seward and /or Seldovia as part of an in -kind donation toward the project. All commissioners thanked the public for attending and commenting during the meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner Rogers MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:02 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 7 STAFF REPORT To: Planning Zoning Commission Date: August 7, 2009 Res: PZ09 -47 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Linda L. Campanella Lil'Britches 11 Daycare /Preschool 2730 VIP Drive Kenai, AK 99611 283 -3955 Conditional Use Permit Daycare /Preschool Lot 7, Block 3, VIP Country Estates Subdivision Lots 1B thru 10B VIP Park Estates Subdivision Portions of Blocks 1 3 2910 Pirate Lane 04943025 RR Rural Residential Residential Low Density Residential General Information: Applicant is applying for a Conditional Use Permit to operate a daycare /preschool facility at 2910 Pirate Lane. Ms. Campanella has made an offer to purchase this residence contingent upon approval of this Conditional Use Permit. The applicant does not plan to reside in the home. The home will be used specifically for the daycare /preschool. Ms. Campanella has operated a daycare from her home at 2730 VIP Drive since May of 2002, with no complaints. The applicant provides a thorough description of the proposed activity with floor plans and a site plan. Kenai Peninsula Borough assessing records for the home on Pirate Lane show the total gross floor area, including the garage, is 1,720 square feet. The applicant states there will be 1 full -time and 1 part -time employee at the facility. The applicant's site plan shows a large gravel pad adjacent to the driveway for additional parking. (KMC 14.20.250 regulates off-street parking requirements.) The minimum required spaces using the criteria for a day nursery are one (1) per four hundred (400) square feet of gross floor 09 -47 Comments Page 2 area, and one (1) additional space reserved for pick -up and delivery of people per eight hundred (800) square feet of gross floor area. The total number of required parking spaces would be five (5) spaces. The home has sufficient off-street parking for the facility that meets code requirements for the use. 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. This property is zoned Rural Residential. The intent of the zone is to provide for low density residential development. The specific intent is to preserve the rural, open quality of the environment, prevent health hazards in areas not served by public water and sewer, to prohibit uses which violate the residential character of the environment and to prohibit uses which generate heavy traffic in predominantly residential areas. Daycare Centers are allowed by conditional use in the zone. The applicant is currently licensed with the State to have no more than 12 children, including her own, from birth to 12 years of age. Applicant intends to obtain a similar license for this facility which would limit the number of children to a maximum of 12. Traffic impact would be limited to peak drop off and pick up times. Applicant intends to construct a circular driveway so vehicles would not be backing onto Pirate Lane. Traffic from outside the subdivision would access the property from Kalifornsky Beach Road and traffic impact would be limited to those parcels along Pirate Lane. It appears the proposed daycare facility meets the intent of the zone. 2. The value of the adjoining property and neighborhood will not be significantly impaired. There is no evidence the value of the adjoining property or neighborhood would be impaired. 3. The proposed use is in harmony with the Comprehensive Plan. The Land Use Plan classifies this property as Rural Residential. This district includes areas that, due to location or site conditions, are best suited for large -lot single-family residential development. Homes in this district typically rely on individual on -site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home -based businesses may be accommodated within certain design guidelines. Daycares are allowed by conditional use. The applicant will not be residing at this location; so the house will be used entirely for the daycare /preschool facility. This is a residence that can be modified minimally to meet the building and fire codes for the use. The use should not change the 09 -47 Comments Page 3 appearance of the residence except that signage for the facility will be permitted It appears the use would be in harmony with the Comprehensive Plan. 4. Public services and facilities are adequate to serve the proposed use. This property is served with on -site water and sewer. Police and fare services are adequate to serve the property. 5. The proposed use will not be harmful to the public safety, health or welfare. The proposed use will not be harmful to the public safety, health or welfare of the neighborhood. 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. Building Official: The described use makes the structure an E- Occupancy and must meet the following requirements for use 1. One -hour (1 -hr) fire rated wall, floor to underside of the roof at garage with three quarter -hour -hr) rated door to arctic entry. 2. Total occupant load must be under fifty (50). 3. Must have fire extinguishers and smoke and CO detectors. 4. Ramps at exit doors, landings and hand rails. 5. House must be a minimum of 10 -feet from property line. 6. One (1) handicap accessible toilet. 7. Exit signs and emergency lighting including emergency light outside each exit and in garage if used for play area. RECOMMENDATIONS The applicant has provided a detailed description of the proposed daycare /preschool facility. The applicant has operated a residential daycare facility from the same area since 2002. In the existing daycare five (5) of the twelve (12) children reside in the subdivision. This will be somewhat different in that the entire home will be dedicated to the daycare. However, the use is limited to 5 -days a week with specific hours of operation. The effects should be minimal and the daycare will provide a service to area families. There have been no complaints received by the City regarding the existing daycare. The daycare does not appear to adversely affect the neighboring properties. Recommend approval with the following requirements: 1. Facility must be inspected by Fire Marshal prior to occupancy, and then every 2 years thereafter. 2. Permit will not be issued until building and fire requirements are satisfied, and State of Alaska licensing is received. 3. Outside play area must be fenced for children. 4. Limit the number of children to twelve (12). 09 -47 Comments Page 4 5. Circular driveway must be installed no later than June 30, 2010. ATTACHMENTS: 1. Resolution No. PZ09 -47 2. Application 3. Drawings thee of KENAL ALASKA WHEREAS, the Commission finds; CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -47 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. Campanella dba Lil'Britches Childcare USE Childcare Facility LOCATED 2910 Pirate Lane Lot 7, Block 3, VIP Country Estates Subdivision Lots 1B thru 10B VIP Park Estates Subdivision Portions of Blocks 1 3 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04943025 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: August 26, 2009 2. This request is on land zoned: RR Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See page 2. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on; August 26, 2009. 5. 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 DAYCARE 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, AUGUST 26, 2009. CHAIRPERSON: ATTEST: PZ09 -47 Resolution Page 2 Additional Requirements: 1. Facility must be inspected by Fire Marshal prior to occupancy, and then every 2 years thereafter. 2. Permit will not be issued until building and fire requirements are satisfied, and State of Alaska Iicensing is received. 3. Outside play area must be fenced for children. 4. Limit the number of children to twelve (12). 5. Circular driveway must be installed no later than June 30, 2010. the clty e/ KEHAI ALASKA Date 1/30/2009 1 am the legal owner of the property. I have paid the required fee ($100 plus sales tax). Village with bast Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7 o Telephone: 907- 283 -7535 FAX: 907 -28 I certify that the inform tion provided is accurate to the best of my knowledge. Applicant Bed Breakfast My' Conditional Use CUP Transfer Encroachment Gravel Extraction Home Occupation n Townsite Historic Development Variance eceived AUG 3 2009 PUBLIC HEARING REQUIREMENTS ON BACK PLANNING AND ZONING APPLICATION Date /..444./ cJ 441 eVI 1. Naive of Applicant J i6_ e.... �1 2. Business Name J' A .P, ("kd C°,. i.re�Q, .Lc,.� 3. Mailing Address ,z/`ae. i fJ 0I' hi a 4. Telephone g3 3q 5 Email Address 5. Legal Description r C 5' R /1 (4/45 6i ulerd ME O J<AI f ai es V;p eor�tk' 4: i Lf. 5 KPB Parcel No. L_:_,-e l "1 q.,5 O,)- S 6. Property Address a `7 e.'a pi /24_1_4, 1 \—.2...---n...-0.-4. ..-C- .et `r'9. 7. City of Kenai Zoning R R, 8. Application applying for (mark permit being applied for): 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 attached the necessary information to process this application.) 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 the permit. Attach a detailed description of the proposed use. Review the applicable section of the Kenai Municipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. ..:.mo August 5, 2009 My name is Linda Campanella and I have lived, worked, and raised my family in Kenai for the last 30 years. I have been working in childcare for the last 25+ years, and currently hold a State license for a "Group Home." This allows me to care for up to 12 children ages birth -12 years; I call it Lil' Britches Childcare. Recently I was honored by PBS's "A Place of Our Own" and the State of Alaska for outstanding quality care with children on the Peninsula. This came as such and honor and surprise! It really reiterated to me that it's time to expand and open the next chapter of Lil' Britches. The intention for this letter is to apply for a conditional use permit to operate Lil' Britches II Preschool at 2910 Pirate Lane, Kenai. Operating Hours will be from 730am- 530pm, Monday through Friday. I will not be residing at the daycare center but will be administrator, with 1 full -time and 1 part-time staff on the premises during operating hours. There will not be a parking problem or congestion on the road during pick- up/drop-off, as the house already has a large driveway which I intend to make circular. There is also a fenced in yard for the children to play in, with fence expansion a top priority—safety first. There is a need for quality childcare in our area and we hope to be able to serve our neighbors and families for years to come. Thank You, Linda Campanella 2730 VIP Drive Kenai, AK 99611 Contingency Agreement This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. Form 7049.OrigInated 1197.Format Revision 11/04. 02038 Alaska Multiple Listing Service, Inc. (AK ML3)All rights reserved. 1 This Agreement is hereby made a part and condition of the Purchase and Sale Agreement as set forth below: 2 Date of Purchase and Sale Agreement 07/30/2009 3 Address 2910 Pirate Lane, Kenai, AK 99611 4 Legal (the Property) TO5NR11WS17 SEWARD MERID KN 0770151 VIP COUNTRY EST L7 83 5 Seller(s) Jason Amv Bucho 6 Buyer(s) 7 8 IT 15 HEREBY AGREED THAT: 9 10 1. The Purchase and Sale Agreement is contingent upon: 11 a) 0 the sale of Buyer'(s) property, located at: 12 Address City of or 13 b) jagygring_a_Cgaatig nal Use Permit from the City of Kenai to operate a Pr tithe 14 Contingency). 15 16 2. If 1.a. applies, Seller reserves the right to continue marketing the Property in an active status in Alaska MLS, 17 advertise, and otherwise promote the sale of the Property during the life of this Agreement. 18 19 3. In the event Seller receives another acceptable offer on the Property prior to the removal of the Contingency, 20 Seller shall notify Buyer, in writing, of his/her intention to accept said subsequent offer. 21 22 a) Upon notification, Buyer shall have 72 hours in which to remove the Contingency and provide Seller 23 written confirmation of the intent to continue with the purchase of the Property as outlined in the Purchase 24 and Sale Agreement. 25 26 b) If Buyer fails to remove the Contingency during the 72 hour period, both this Agreement and the Purchase 27 and Sale Agreement shall terminate and be of no further consequence to either party and the earnest money 28 shall be refunded to Buyer. 29 30 4. Buyer may, at Buyer's option, remove the Contingency at any time prior to this Agreement terminating by 31 providing Seller written notice. Upon removal of the Contingency by Buyer, the Purchase and Sale Agreement 32 becomes a firm offer and If the transaction does not record, the entire earnest money deposit will be forfeited to 33 Seller. 34 35 5. Upon written removal of the Contingency, Buyer shall also attach proof of ability to successfully complete the 36 transaction which shall be evidenced by 0 a revised prequelification letter or 0 37 38 39 40 Dated: Time: a.m./p.m. Dated: a 1 LI c Time: Li cfc4 a.m 41 Buyer 1: Seller 1: 42 Buyer 2: Seller 2: 43 Buyer 3: Seller 3: 1/044341.??. i.c� J i., 1`�e,[" pod 44 Licensee Licensee J Addendum or Amendment to the Purchase and Sale Agreement This form authorized for use ONLY by active Real Efate Licensee Subscribers of Alaska Multiple Listing Service, Inc. 1 Date 08/04/2009 2 In reference to the Purchase and Sale Agreement between: 3 Tom Linda Campanella 4 Buyer(s), and Jason Amy Bucho 5 the Seller(s), dated 97/39/2009 covering the real property commonly known as: 6 Address: 7 Legal (the Property): TO5NR11WS17 SEWARD MERID KN 077015) VIP COUNTRY EST L7 B3 8 the undersigned Buyer(s) and Seller(s) hereby agree to the following (check only one): 9 Addendum to be used when more space is needed on the Purchase and Sale Agreement (use Counter Offer 10 form if making a counter offer). 11 Amendment to be used only when changing an existing Purchase and Sale Agreement: 12 1. The Sellers authorize and give permission for the Buyers to apply with the City of Kenai and petition for the Conditional Use Permit for the purpose of operating a Preschool at the subject location. ,the 13 The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned 14 Purchase and Sale Agreement. 15 16 Dated: Time: a.m. /p.m. Dated: H J a q Time: L a.m 17 Buyer 1: Seller 1: 18 Buyer 2: Seller 2: 19 Buyer 1: Seller3: Utt u J f wL 20 Selling Licensee(s) Listing Licensee(s) 21 22 Selling Brokerage Five Star Realty, LLC Listing Brokerage Freedom Realty Kenai Form 70718. Revised 04/08, Format Rev 07[08 0 2008 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. rq A Q I 11. 1e A my, V D 34 y 1 1 Z0 /Z0 39 d f113NddWVO 556668ZL061 95:ZZ 6002/bT/50 U Q .FilamotS1 g Subject Property ',1 •1;k1 Marilyn Kebschull From: Nancy Snyder [nancyannii @hotmail.com] Sent: Tuesday, August 11, 2009 8:17 PM To: Marilyn Kebschull Subject: CUP oppose To the Planning Zoning Commission Members; In our neighborhood we have a small home based day care business run by one Linda Campenilla. Recently Linda has set up a CUP notice to start a commercial day care on the corner of Pirate and Watergate Way. This I must oppose. We are in a neighborhood that is zoned Rural Residential. We do not need to re -zone to allow commercial business to develop. If one needs to go commercial one only needs to cross Kalifornisky Beach Road to be in the proper zoning district to accomplish ones desire. Please consider that this opposition is in the best interest of all home owners in this Rural Residential zoned sub division and deny the CUP application. Thank You, Nancy Snyder 283 -8029 2350 Watergate Way Kenai, AK 99611 -5580 Get back to school stuff for them and cashback for you. Try Bing now. i ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 19, 2009 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4, Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2396 -2009 Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No 2396 -2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) a. AMENDED AND PASSED UNANIMOUSLY Substitute Ordinance No. 2396 -2009 Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 2. PASSED UNANIMOUSLY Ordinance No. 2427 -2009 Amending KMC 21.05.085 Amending the Fuel Flowage Fee to Exclude Fuel Delivered to the Airport Solely for Transport Off the Airport for Delivery or Resale to Another Entity. 3. POSTPONED /SEPTEMBER 2, 2009 Ordinance No. 2428 2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) that Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis, 4. PASSED UNANIMOUSLY Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant, 5. PASSED UNANIMOUSLY Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 6. PASSED UNANIMOUSLY Ordinance No. 2431 -2009 Increasing Estimated Revenues and Appropriations by $60,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for a Supplemental Environmental Assessment at the Kenai Airport's Float Plane Basin. 7. PASSED UNANIMOUSLY Ordinance No. 2432 -2009 Increasing Estimated Revenues and Appropriations by $19,928 in the Senior Citizen Title III Grant Fund for the Purchase of New Dining Room Chairs. 8, PASSED UNANIMOUSLY Resolution No. 2009 -52 Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. 9. PASSED UNANIMOUSLY Resolution No. 2009 -53 Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals August 2009. 10. PASSED UNANIMOUSLY Resolution No. 2009 -54 Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs -2009 for the Total Amount of $46,936.00. 11. PASSED UNANIMOUSLY Resolution No. 2009 -55 Authorizing a Budget Transfer Within the General Fund, Buildings, and Non Departmental Departments for a Citywide Information Technology System Study. 12. PASSED UNANIMOUSLY Resolution No. 2009 -56 Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. ITEM E: MINUTES 1. APPROVED -*Regular Meeting of August 5, 2009. 2. APPROVED *August 5, 2009 Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED Ratification of Bills 2. APPROVED Approval of Purchase Orders Exceeding 15,000 3. INTRODUCED *Ordinance No. 2433 -2009 Amending KMC 1.15.040 (Agenda and Packet- Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. 4. INTRODUCED *Ordinance No. 2434 -2009 Amending KMC 14.25 (Landscaping /Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins. 5. INTRODUCED *Ordinance No. 2435 -2009 Amending the Land Use Table in KMC 14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH) 6. APPROVED Approval Amendment /City Manager Contract. 7. APPROVED Approval Change Order No. 2 /Kenai Courthouse Parking Expansion 2009. 8. AMENDED AND APPROVED Approval City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet. 9. WORK SESSION /8/27/09, 6:00 P.M. Discussion Proposition Informational Flyer /DRAFT ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC) Ordinance No. 2412 2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION City Attorney Exit Interview ITEM M: ADJOURNMENT Philip Bryson Chairman Kenai City Term Expires 2010 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2010 Dr. Rick Foster PC Member Homer City Term Expires 2010 Mari Anne Gross PC Member Southwest Borough Term Expires 2010 James (sham PC Member Sterling Term Expires 2012 Brent Johnson PC Member KasiloffClam Gulch Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2010 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Sue McClure PC Member City of Seward Term Expires 2011 Linda Murphy Parliamentarian City of Soldotna Term Expires 2011 Todd Petersen PC Member East Peninsula Term Expires 2010 KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All Items marked with an asterisk are consent agenda Items. Consent agenda Items are considered routine and non controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Requests None *2. Planning Commission Resolutions None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request None *6. Coastal Management Program None *7. Commissioner Excused Absences *8. Minutes a. August 10, 2009 Plat Committee Minutes b. August 10, 2009 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS August 24, 2009 7:30 P.M. Tentative Agenda 1. Vacate the 20 -foot alleyway adjacent to Lots 1 thru 10 Block 9, dedicated by Third Addition to Soldotna Junction Subdivision (Plat K -825); within Section 29, Township 5 North, Range 10 West; Seward Meridian, Alaska, within the City of Soldotna and the Kenai Peninsula Borough. KPB File No. 2009 -108. Petitioners: Norman Erickson, Linda McLane, Diana T. Spencer, Brenda Nelson, Pete Sprague and Jozette Gus Hoagland all of Soldotna, Alaska. Location: City of Soldotna 616 Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce September 2, 2009 7:00 p.m. Cooper Landing Cooper Landing Community Hall September 2, 2009 6:00 p.m. Hope Sunrise Hope Social Hall September 3, 2009 7:00 p.m. Jason Tauriainen PC Member Northwest Borough Term Expires 2011 Max J. Best Planning Director Dave Carey Borough Mayor 2. Ordinance 2009 -43; An Ordinance approving Percy Hope and Discovery Park R -M, Mixed Residential Local Option Zoning Districts and Amending KPB 21.46.030 and 21.44.230. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) None H. VACATIONS NOT REQUIRING A PUBLIC HEARING None SPECIAL CONSIDERATIONS None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 6 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai City Planning Zoning Commission Meeting Minutes July 22, 2009 2. Seward Planning Commission Meeting Minutes July 7, 2009 FUTURE PLANNING COMMISSION MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY The next regularly scheduled Planning Commission meeting will be held Monday, September 14, 2009 in the Cooper Landing Community Hall, 18511 Bean Creek Road, Cooper Landing, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify 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 -714 -2378 e -mail address: planninc aborough.kenai.ak.us web site: www.boroucih .kenai.ak.us /plannincidept 3 MEMBERS: Paulette Bokenko- Carlucclo Seldovia City Term Expires 2012 JoAnne Collins Anchor Point Ninilchik Term Expires 2010 Harry Lockwood Ridgeway Term Expires 2010 Sue McClure Seward City Term Expires 2011 Linda Murphy Soldotna City Term Expires 2011 ALTERNATES: Jim (sham Sterling Term Expires 2012 Todd Petersen East Peninsula Term Expires 2010 KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. August 24, 2009 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. August 10, 2009 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Engebretsen Subdivision KPB File 2009 -121 [Imhoff /Engebretsen] Location: On North Fork Road in Anchor Point Anchor Point and K -Bay APC 2. McFarland Sub. Newberry Addn. KPB File 2009 -122 [McLane /Newberry] Location: On Midway Drive in Sterling 3. Bush Homestead Cemetery Addition KPB File 2009 -123 [Johnson/Bush] Location: East of Sterling Highway in Kasilof 4. Eagles Rest No. 3 KPB File 2009 -124 [Johnson/Warner] Location: Off Elizabeth Avenue in Ninilchik 5. Stariski View Three KPB File 2009 -125 [Church /Carpenter] Location: Off Stoddard Avenue in Anchor Point Anchor Point APC 6. Gardner Sub. No. 2 KPB File 2009 -126 [Segesser /Gardner] Location: West of Sterling Highway South of Soldotna F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY The next regularly scheduled Plat Committee meeting will be held Monday, September 14, 2009 at the Cooper Landing Community Hall, 18511 Bean Creek Road, Cooper Landing, 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 -714 -2378 e -mail address: plannina(c�borouoh.kenai.ak.us web site: www. borough .kenai.ak.uslDlanningdept 2