HomeMy WebLinkAbout2009-09-09 Planning & Zoning PacketCITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 9, 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 26, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09 -45 An application for a Conditional Use Pet wit for a Private Family RV Park for
the property known as Lot 7, Anglers Acres Subdivision Part 3 (1115 Angler Drive).
Application submitted by William Bancroft Richard Ames, 4327 James Drive,
Anchorage, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Annual Review PZ08 -48 Conditional Use Penrnit Professional Office for the property
known as Lot 2, Block 4, Central Heights Subdivision (211 Portlock Street). Permit
operated by Scott Cunningham, Madigan, LLC, 37100 Edgewood 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.
9. REPORTS:
a. City Council
b. Borough Planning
Agenda Page 2
September 9, 2009
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. "Zoning Bulletin" August 10, 2009
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
Work Session
Immediately Following Regular Meeting
Proposed Amendment
Wind Energy Systems (Wind Turbines)
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.
6. 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.
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.
1
Agenda
August 26, 2009
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
2
Page 2
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approx.mately 7:02 p.m.
1 a. Roll Call
Roll was confirmed as follows:
Commissioners present: K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson,
K. Rogers, J. Brookman
Staff /Council Liaison present: City Planner M. Kebschull, Deputy City Clerk C. Hall,
Council Member R. Molloy
A quorum was present.
I b. Agenda Approval
Commissioner Brookman read the additions to the agenda:
ADD TO: 5 a. Emails from:
MOTION:
Commissioner Brookman MOVED to approve the agenda with the additions and
Commissioner Bryson SECONDED the motion. There were no objections. SO
ORDERED.
1 -c.
MOTION:
Consent Agenda
Doug and Jull Chapman
Irving G. And Randi Smith
Betty Steele
Commissioner Brookman MOVED to approve the consent agenda and Commissioner
Romain SECONDED the motion. There were no objections. SO ORDERED.
1 d. *Excused Absences
Approved by consent agenda.
CITY OF KENAI
PLANNING ZONING COMMISSION
AUGUST 26, 2009
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
3
*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 not mai sequence
on the agenda as part of the General Orders.
ITEM 2: *APPROVAL OF MINUTES August 12, 2009
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
5 a. PZO9 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.
City Planner Kebschull reviewed the staff report included in the packet and
recommended approval with the following requirements:
Facility must be inspected by Fire Marshal prior to occupancy, and every
two (2) years thereafter.
Permit would not be issued until building and fire requirements were
satisfied, and State of Alaska licensing was received.
Outside play area must be fenced for children.
Limit the number of children to twelve (12)
Circular driveway must be installed no later than June 30, 2010.
Twait read the rules of public hearing and opened the meeting to public comment.
Chris Every, 2515 Watergate Way, Kenai Spoke in opposition to the permit and
noted he did not want a commercial business within the residential zone.
Linda Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit
and noted she did not want a business within the subdivision.
Jill Chapman, 610 Set Net Drive, Kenai Spoke in opposition to the permit and
noted concern with traffic safety.
Dennis Keating, 620 Set Net Drive, Kenai Spoke in opposition to the pei snit and
noted the extra traffic there would be on Kalifornsky Beach Road, VIP Drive and Pirate
Lane.
PLANNING AND ZONING COMMISSION MEETING
AUGUST 26, 2009
PAGE 2
4
Preston Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit,
and noted no one would be living in the home.
Linda Campanella, 2730 VIP Drive, Kenai Campanella introduced herself as the
applicant and noted the driveway would circle so traffic did not need to back onto
Pirate; the facility would be open during the hours of 7:30 a.m. to 5:30 p.m.; the
property would be fenced; and, she had run her business in its present location for ten
(10) years.
Thomas Campanella, 2730 VIP Drive, Kenai Campanella introduced himself as
the applicant and noted police and fire departments had a heightened sense of
awareness to the area due to the daycare in the subdivision and driver speed was
slower when they were aware of the daycare situation.
Sara Plagge, 102 Birch, Kenai Spoke in support of the daycare and noted she was
not a resident of the subdivision.
LaRae Selfridge, 2620 VIP Drive, Kenai Spoke in support of the permit and noted,
the area around the existing daycare was in prime condition and well maintained.
RoseAnn Keating, 620 Set Net Drive, Kenai Spoke in opposition to the permit.
Reubin Payne, 2535 Watergate Way, Kenai Spoke in support of the pen and
noted he liked a safe place in the neighborhood for his children.
Mindy Payne, 2535 Watergate Way, Kenai Spoke in support of the permit and
noted she liked the closeness of the daycare for her children.
Michelle Seaman, 606 Westwood Circle, Kenai Seaman identified herself as the
lead teacher for the preschool, spoke in support of the permit, and noted the need for
a safe environment for children.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ09 -47 and Commissioner Bryson
SECONDED the motion.
Commissioner comments included:
Did not like that the business would not be home based.
Did not believe traffic to be an issue.
Supported daycares within residential areas.
Noted five of the twelve children at the daycare were from the
subdivision.
PLANNING AND ZONING COMMISSION MEETING
AUGUST 26, 2009
PAGE 3
5
Koester
NO
Rornain
NO
Wells
YES
Twait
YES
Bryson
YES
Rogers
NO
Brookman
NO
VOTE:
MOTION FAILED.
Twait read the 15 day appeal process procedure.
ITEM 6:
ITEM 7:
ITEM 8:
8 -a.
OLD BUSINESS None
NEW BUSINESS None
PENDING ITEMS
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.
BREAK: 8:02 P.M.
BACK TO ORDER: 8:08 P.M.
ITEM 9: REPORTS
9 -a. City Council Council Member Molloy reviewed the action agenda
items of the August 19, 2009 City Council meeting.
9 -b. Borough Planning Bryson reviewed the agenda of the August 24, 2009
Borough Planning Commission meeting.
9 -c. Administration Kebschull confirmed the November 11, 2009 meeting
was changed to November 10, 2009 and the November 25, 2009 and December 23,
2009 Planning and Zoning Commission meetings would be cancelled.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS None
ITEM 12: COMMISSION COMMENTS QUESTIONS None
ITEM 13: ADJOURNMENT
MOTION:
PLANNING AND ZONING COMMISSION MEETING
AUGUST 26, 2009
PAGE 4
6
Commissioner Bryson 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 8:20 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
AUGUST 26, 2009
PAGE 5
7
STAFF REPORT
To: Planning Zoning Commission
Date: August 18, 2009
Res: PZ09 -45
GENERAL INFORMATION
Applicant:
333 -5006
ANALYSIS
William Bancroft and
Richard Ames
4327 James Drive
Anchorage, AK 99504
Requested Action: Conditional Use Permit W. Private Family RV Park
Legal Description: Lot 7, Anglers Acres Subdivision Part 3
Street Address: 1115 Angler Drive
KPB Parcel No.: 04939033
Existing Zoning RR Rural Residential
Current Land Use: Recreational
Land Use Plan: Low Density Residential
General Information:
The City of Kenai received a complaint about a recreational vehicle (RV) park on Angler
Drive. A site visit confirmed multiple recreational vehicles set up for long -term use
(KMC 14.20.245) at 1115 Angler Drive. The owner of record was contacted and advised
the use of recreational vehicles in the City was regulated and that a Conditional Use
Permit for a Recreational Vehicle park would be required. This application for a
Conditional Use Permit to operate a private family RV park at 1115 Angler Drive is
result of that complaint.
The applicants purchased the property in 1984 for a private family recreational area for
use from May to September. The property generates no income and is strictly used for
family and friends.
There are three (3) permanent recreational vehicles, two (2) storage containers and a large
gazebo located on the property. There are four (4) RV spaces available for visiting
relatives. The property is served by on -site water, sewer and electricity. The sanitary
8
09 -45 Comments Page 2
facilities have not been approved by the Alaska Department of Environmental
Conservation (ADEC). The property owner has hired an engineering film to have these
facilities inspected and approved by ADEC. The applicant provides a thorough
description of the proposed activity and a site plan.
A site visit was conducted and in addition to the available RV spaces there is sufficient
parking for vehicle and boat parking. The Building Official inspected the electrical
outlets and the gazebo. A building permit is required for the gazebo. However, without a
principal structure on the property, a building permit cannot be issued for an accessory
structure. If the Conditional Use Permit is approved, a building permit can be issued.
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:
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. Recreational Vehicle Parks are allowed by conditional use in
the zone. This will be a private RV park. No spaces will be rented and
use will be restricted to family and friends. There are eighteen (18)
properties on Angler Drive operating under Conditional Use Permits.
A majority of these parcels offer guiding and lodging. Because the
proposed use has been used in this manner since 1984, the proposed
use should generate no additional traffic. The applicant states the
property is used only during May to September. Because the proposed
use is in an area that has been developed with commercial recreation
uses, the use appears compatible with the adjoining properties. It
appears the proposed private family RV Park meets the intent of the
zone.
2. The value of the adjoining property and neighborhood will not be significantly
impaired.
This property has been used in this manner since purchased in 1984.
There is no evidence the value of the adjoining property or
neighborhood would be impaired by granting the Conditional Use
Permit.
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
9
09 -45 Comments Page 3
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. RV parks are
allowed by conditional use. The applicants only use the property
during the summer months. During the off season the property is
securely closed down. Mr. Bancroft and Mr. Ames have been using
this property as a private family RV Park since 1984. 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 fire
services are adequate to serve the properly.
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:
Applicant must obtain a building permit for the gazebo.
RECOMMENDATIONS
The applicant has provided a detailed description of the proposed private family RV Park.
The applicants have operated this property as a private recreational park since they
purchased the property in 1984. The property generates no income and is strictly used for
family and friends only. The private family RV Park does not appear to adversely affect
the neighboring properties. Recommend approval with the following requirements:
1 Apply for a building permit for the gazebo and meet all Building Official
requirements.
2. Limit the number of permanent trailers structures to the existing structures.
3. Provide ADEC approval for on -site water and sewer facilities.
4. Limit use to operating during the period of May 1 October 15
ATTACHMENTS:
1. Resolution No. PZ09 -45
2. Application
3. Drawings
1 0
the of
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09 -45
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: William Bancroft and Richard Ames
USE Private Family RV Park
LOCATED 1115 Angler Drive Lot 7, Anglers Acres Subdivision Part 3
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04939033
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been
submitted and received on: August 10, 2009
2. This request is on land zoned: RR -m- 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: September 9, 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 PRIVATE FAMILY RV 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, SEPTEMBER 9, 2009.
CHAIRPERSON: ATTEST:
Additional Requirements:
11
PZO9 -45 Resolution Page 2
1. Apply for a building permit for the gazebo and meet all Building Official
requirements.
2. Limit the number of peiiilanent trailers structures to the existing structures.
3. Provide ADEC approval for on -site water and sewer facilities.
4. Limit use to operating during the period of May 1 October 15
12
the of
KENAI, ALASKA
I
n variance
"Village tietit a Past Ct with a Mare"
Ili
PLANNING AND ZONING APPLICATION
Date
1. Name of Appl cane lu+ arms' a 25/410 ;63 can t /-(eit4 844.)t:.rtr-r t
2. Business Name f(g7 0 230-00g:67
3. Mailing Address /3L7 rn 1 'zip° *Char C Gc it clti SS p5I 9
4. Telephon 3 5bD4 Email AddressUJE QzVFT G'C L d Ai a
5. Legal DescriptionT5l -3 R 1 1\n/ Sec- 1 5 Acx.s, 1CO neat) I (40$ Auclkc,Y A .rec
Sub 3 Lf 15; tai 14r Die KPB Parcel No. (s4' 39 b 3
6. Property Address 1/1 5 47 j le r Y "e. ieskg) i Q. task ct 9 c 4 I
7. City of Kenai Zoning t.,„Y -ex,1 R 4e_rit
8. Application applying for (mark permit being applied for):
E] Bed Breakfast Conditional Use [1 CUP Transfer n Encroachment
Gravel Extraction n Home Occupation 1 1 Townsite Historic Development
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 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 the permit.
I have paid the required fee ($100 phis sales tax).
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.
I certify that th information provided is accurate to the best o •R owledge.
1
Applicant
Date
1 /30/2009
Telephone: 907-283-7535 FAX: 907-283-3 Itk
210 Fid.algo Avenue, Kenai, Alaska 99611 -779
AUG 1 0 2009
PUBLIC HEARING REQUIREMENTS ON BACK
13
Attachment Application for Conditional Use of Property as Private Family
Recreational RV Park at 1115 Angler Drive, Kenai AK 99611, Aug 8 2009
Richard Ames William Bancroft, Co- owners
1 Our request is to provide short -term comfortable use of the property by
Owners families (and occasional guests) for personal recreation and
relaxation with convenient access to the Kenai River fishery.
2. No commercial use or revenue- producing business activities have been or
will be conducted or supported thereon.
3. Owner's families have not and do not desire long -term use; most visits
are two or three days, with occasional weeklong visits as individuals'
work schedules permit. Owner's families are Anchorage residents and
make frequent weekend round trips from May 15 through Sept 30.
4. Facilities provided and maintained by Owners since purchase in June
1984 include RV, vehicle and boat parking space; well water for fish
cleaning; trailer sleeping and cooking accommodations for those without
self-contained motor homes, and electrical service. A free standing, large
gazebo is on the lot for social gatherings and there is a removable boat
dock on Beaver Creek.
5. We have hired Mike Taurlainen PE Consulting Engineering to inspect the
onsite sewer and well and report finds to DEC.
6. There are only 3 permanent trailers located on the property and 2 storage
containers, the old storage trailer maybe removed next year.
7. Along with the 3 permanent trailers, there are 4 additional spaces
available for our families with motor homes.
8. The Building Official inspected the property on 8/11/09 and told us what
had to be done if our conditional use permit were granted. We have no
problem making the necessary requirements for the property to be legal.
14
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The intent for our property is to provide short -term comfortable use i. le
a to our family and quests for personal recreation and relaxation. ®�o
e
at/ ,..1., ...c. Operating months May 1st October 15th 7, a0o ale
6
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I` Convenient access to the Kenai River via
personal removable boat dock located on e
al, ale
7 6 e Beaver Creek o
d;
M otor homes must be self contained
ib\ ili
e, o No sanitary facilities available a
Fish cleaning table by the river with on -site 7;�
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well water ;,o
a o All trash disposal must be removed from
property %,e
5- Electrical outlets NJ
ads ate
lr Grill and portable heater available for use e
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15
7
the of
KENAI, ALASKA
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: August 24, 2009
"Village with a Past, et with a Fah
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 FAX: 907 -283 -3014 E I I
1992
SUBJECT: Annual Review PM-48 Conditional Use Permit Professional
Office 211 Portlock Street (Lot 2, Block 4, Central Heights
Subdivision)
On September 10, 2008, the Commission approved a Conditional Use Permit to operate a
professional office from the residence located at 211 Portlock Street. The permit was approved
with two conditions; first, that the permit must be reviewed in one year and second, that the
house must be maintained as a residence including yard maintenance and year round home
maintenance.
The City of Kenai has received no complaints regarding the professional office at 211 Portlock
Street. A site visit today shows the house is being maintained as a residence. There was no
signage observed. Notices of the scheduled review were sent to property owners within 300
feet of the property.
18
`7a
Lqy
KENAI, 1 SSA
CITY OF KENAI
PLANNING AND Z NINO COMMISSION
RESOLUTION NI, PZO8-49
C N ITIONAL 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: Madigan, LLC.
USE A Professional Office for Madigan, LLC.
LOCATED 211 Portlock. Street (Lot 2, Block 4, Central Heights Subdivision
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04919001
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted
and received on: August 19. 2008
2. This request is on land zoned: RS Suburban 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. The office roust be operated as described in the application.
b. Any expansion of the proposed use will require an amendment to the
Conditional Use Permit and subject to public hearing requirements.
SEE PAGE
4. That the Commission conducted a duly advertised public hearing as required by KMC
14.20.280 on: September 10, 2008.
5. Applicant must comply with all Federal, State, and Iocal regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT 3 ='AS
DEMONSTRATED THAT THE PROPOSED PR FESSIONAL OFFICE MEETS THE
CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION DOES AUTHORIZE TIIE ADMINISTRATIVE OFFICIAL TO ISSUE THE
APPROPRIATE PERMIT.
19
PASSE. I Y T .E PLANNING AND Zt NINE C MMISSION •F THE CITY
KENAI, ALASKA, SEPTEM.JIER 10, 2008,
P
ATTEST: 'lti-d }at
PZ08 -49 Resohrtion
Page 2
Additional Requirements Continued from Page 1:
Permit must be reviewed in one (1) year.
4. House inust be maintained as residence including yard maintenance and year -round home
maintenance.
20
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
*A11 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.
ITEM 2: *APPROVAL OF MINUTES August 27, 2008
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS
4 a. PZ08 50 Day Subdivision Mulholland Addition A re- subdivision of
Lot 2, 3, and 5 Day Subdivision. Plat submitted by Whitford Surveying,
P.O. Box 4032, Soldotna, Alaska.
Kebschull reviewed the staff report included in the packet, noting the re- subdivision
would put the shed and proposed greenhouse in compliance with the code.
Twait reviewed the rules of public hearing and opened the floor to public hearing.
There being no comments, the public hearing was closed.
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
5 a. PZ08 49 An application for a Conditional Use Permit for a professional
office for the property known as Lot 2, Block 4, Central Heights
Subdivision (211 Portlock Street), Kenai, Alaska. Application submitted
by Madigan, LLC, 37100 Edgewood Drive, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting, because the owners
would not occupy the house, a conditional use permit was required and stated the
Commission had to find the following items to be true:
The use would be consistent with the purpose and intent of the zoning
district.
The value of the adjoining property and neighborhood would not be
significantly impaired.
PLANNING AND ZONING COMMISSION MEETING
SEPTEMBER 10, 2008
PAGE 2
21
The proposed use would be in harmony with the Comprehensive Plan.
Public services and facilities were adequate to serve the proposed use.
The proposed use would 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.
Twait opened the meeting to public hearing.
Richard Aber, 205 Portlock Spoke against the perrnit, noting concern with noise
and property values.
Debbie Adamson, 209 Portlock Spoke against the permit, noting the public notice
sign was small and hard to see from the street, and concerned about children in the
area.
Susan Fore, 213 Portlock Spoke against the permit, noting she had been told the
house would become an insurance or real estate office and the entire front yard would
be paved.
Patty Adams, 210 Portlock Spoke against the permit, noting she wanted the area
to remain residences only.
Laurie Bookey, 115 Walker Lane Spoke against the permit, noting concern for the
children in the area.
Layla Mitchell, 208 Portlock Spoke against the permit, noting she had heard
rumors the use of the house had something to do with McDonalds and she did not
want a business in a residential area.
Dena Cunningham, Owner of McDonalds, Buyer of 211 Portlock Spoke in favor
of the permit, noting there would be no more than two people in the office; there would
be no mail service or parcel delivery; they would not pave the gravel driveway; they
would fix the water damaged area in the back; they would replace the roof and
perhaps replace the windows; and, they had no further plans for the house.
Cheryl Samples, 302 Sterling Court Spoke against the permit, noting she did not
want a business in a residential area.
Kellie Kelso, 117 Walker Lane Spoke against the permit, noting concern with
decreased property values.
Sheryl Main, 207 Walker Lane Spoke against the permit, noting the streets were
narrow without curbs and sidewalks, there were many children in the area, and she
had concern with the building being empty at night.
PLANNING AND ZONING COMMISSION MEETING
SEPTEMBER 10, 2008
PAGE 3
22
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Kay Aber, 205 Portlock Spoke against the permit, noting concern with a business
within a residential zone.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ08 -49 with staff recommendations one
and two. Commissioner Koester SECONDED the motion.
Commissioner comments included:
Residential zoning allowed businesses to operate from a home.
Businesses and homes could coexist within a neighborhood.
Concern with rumors regarding paving, expansion, etc.
The City would enforce code violations.
Appreciation of the residents' desire to keep the area residential.
A one -year timeframe for the permit was suggested with the permit
reevaluated (at the end of the year) with a public hearing.
Want the home maintained as a residence, including cutting the grass,
snow removal, planting flowers, etc.
MOTION TO AMEND:
Commissioner Remain MOVED to add the following conditions:
The conditional use permit would be for one year, with a reevaluation at
that time.
The house would be maintained as a residential home including yard and
home maintenance year round.
Commissioner Wells SECONDED the motion.
VOTE ON THE AMENDMENT:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MOTION AS AMENDED:
MOTION PASSED UNANIMOUSLY.
PLANNING AND ZONING COMMISSION MEETING
SEPTEMBER 10, 2008
PAGE 4
23
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
SEPTEMBER 2, 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. APPROVED. Approval (Public Comment to be Taken) Proposition A
Informational Flyer
2. PASSED UNANIMOUSLY. 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.
(Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428 -2009
was postponed to September 2, 2009. The motion to adopt is active.)
3. PASSED UNANIMOUSLY. 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. AMENDED AND PASSED UNANIMOUSLY. 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
24
9a
14.25.025 (Retention Basins) to Provide Landscaping and Site Plan
Requirements for the Development of Retention Basins.
5. FAILED. 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. Ordinance No. 2440 -2009 increasing Estimated Revenues and
Appropriations by $9,000.00 in the General Fund Communications
Machinery and Equipment for the Purchase of a Replacement Stancil
Recording Server That Has Failed Unexpectedly.
PASSED UNANIMOUSLY. Motion for Introduction
PASSED UNANIMOUSLY. Motion for Second Reading (Requires a
Unanimous Vote)
PASSED UNANIMOUSLY. Motion for Adoption
ITEM E: MINUTES
1. APPROVED. *Regular Meeting of August 19, 2009.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. APPROVED. Ratification of Bills
2. APPROVED. Approval of Purchase Orders Exceeding $15,000
3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2436 -2009
Increasing Estimated Revenues and Appropriations by $938.08 in the
General Fund for Bureau of Highway Patrol Equipment Expenses.
4. INTRODUCED/CONSENT AGENDA. *Ordinance No. 2437 -2009
Increasing Estimated Revenues and Appropriations by S5,625.00 in the
Congregate Housing Fund, Professional Services for an Increase in the
Caretaker Contract in Excess of Originally Budgeted Amounts.
5. INTRODUCED /CONSENT AGENDA, *Ordinance No. 2438 -2009
Increasing Estimated Revenues and Appropriations by 18,628.00 in the
Congregate Housing Fund, Repair and Maintenance for Installation of
Landscaping Sprinklers Along the Front of the Vintage Pointe Housing
Facility.
6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2439 -2009
Increasing Estimated Revenues and Appropriations by 57,163.00 for City
Manager Pay and Benefits Increase in Excess of Originally Budgeted
Amounts.
7. APPROVED. Approval Appointment of Election Boards.
25
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 85 Recreation. Commission
6. Planning 85 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 85 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 None Scheduled
ITEM M: ADJOURNMENT
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