HomeMy WebLinkAbout1989-09-13 P&Z PacketKE NA = P LANN = NG Fx Z O N = NG COMM = S S = O N
September 13, 1989 - 7:00 P.M.
City Hall Council Chambers
Pat Nault, Chairman
AGENDA
1. ROLL CALL
2. APPROVAL OF AGENDA
3. PERSONS PRESENT SCHEDULED TO BE HEARD
4. PUBLIC HEARINGS
a. Resolution PZ89-14: Bed & Breakfast Permit for 3329 Beaver Loop Road
- Joanna Hollier
b. Resolution PZ89-11: Encroachment Permit for Lots 51 & 52, Redoubt
Terrace S/D - Integrity Surveys for HUD (Staff Requests
Postponement)
5. APPROVAL OF MINUTES of August 23, 1989
6. OLD BUSINESS
7. NEW BUSINESS
a. Preliminary Plat PZ89-12: Replat Lots 51 & 52, Block 1, Redoubt
Terrace S/D - {Staff Requests Postponement)
8. PLANNING
Set work session for Comprehensive Plan for Thursday, September 21, 1989?
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD
11. INFORMATION ITEMS
a. City Council Agenda - September 6 „ 1989
b. Borough Planning Agenda - September 11, 1989
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. 0~J ~'~`
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
(GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR A BED AND
BREAI~'AST ESTABLISHMENT AS AUTHORIZED UNDER KMC 14.20.321 SUBMITTED BY:
~,
Located: ~~~ ,® ~t-~~~~ ~~
3 a ~ ~ ~~,~ ~ ~ ~2c/
WHEREAS, the Commission finds:
1. That an application meeting the r/equirements of Section 14.20.321 has been
submitted and received on: ~/~3~~/P
2. That this request is located on land zoned: ,~c~dh-~ /~Q~/. ~,~'
3. That the applicant has demonstrated with plans and other documents that
he/she can and will meet the following specific requirements and conditions
in addition to the existing requirements:
a.
b.
4. That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on ~i o,,~~~ s a,~ /~3 / ~'~j~
CONDITIONAL USE PERMIT
Page 1 of 2
Resolution No. ~~J-/~
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the applicant (has)(has not) demonstrated that the proposed bed
and breakfast meets the conditions required for said operated and therefore the
Commission (does)(does not) authorize the administrative official to issue the
appropriate permit.
PASSED by the Planning and Zoning Commission of the. City of Kenai, Alaska this
day of 1989,
Chairman
ATTEST:
Planning Secretary
9/89
CONDITIONAL USE PERMIT APPLICATION
~~ ~~~ ~
DATE : ~ '` -'
1. APPLICANT:
2, ADDRESS:
_ r.
~~
~-e /~~~ ; ~~~ 190 //
PHONE: ~~~ ,~ ~~ ~ ~~`.S
3. PERMIT REQUESTE~ FOR: /~~/ r
,-J -
4. LEGAL DESCRIPTION:
(includes streetaddress or physical loca-'on)
Z ~~
~~~~~~f ~ ~~~~ i"
5. ZONING:
6. LEGAL OWNER OF PR01'?ERTY:
7. CONDITIONAL USE PERMIT CHECKLIST:
a. site plan
b. map (if available)
c. traffic flow & parking
d. deposit/advertising fee ($100.)
e. letter of particulars
8/87
1791-1991
CITY OF KENAI
„C~~l G'd~~al v~ r~l~i~„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907.283-3014
STAFF REPORT
T0: Chairman Nault and Planning Commissioners
FROM: Janet Loper, Planning Specialist
DATE: September 6, 1989
RE: Resolution PZ89-14: Conditional Use Permit for Bed & Breakfast
Establishment - Tract D, Hollier S/D - Joanna Hollier
~ n nvn n n r rr.rr~
Applicant: Joanna Hollier
3329 Beaver Loop Rd.
Kenai, Alaska 99611
Legal Description: Tract D, Hollier S/D, Sec 2, T5N, R11W,
S.M.
Existing Zoning: Rural Residential (RR)
Current Land Use: Low Density Residential
Proposed Land Use: LowDensity Residential/Bed& Breakfast
Action Requested: Approval of Permit for Bed & Breakfast
The applicant owns a 15 room home with two stories plus abasement with a garage
and desires to use the main floor for a bed and breakfast. According to the
drawing, there are two main bedrooms on that floor plus the kitchen, dining area,
and living room which would be used in common. It is anticipated that these
rooms would be well within 30% of the total floor area. There would be no members
outside of the family employed in the business at this point. There is adequate
off street parking for the business.
Resolution PZ89-14
Page 2
The proposed business is located in a neighborhood that is predominately open
spaces with single family dwellings. There are existing gravel pits and an RV
park within a mile of the site. The site lies adjacent to Beaver Loop Road which
is amain collector from the Spur Highway and this business lies well away from
the nearest neighbor.
This proposed business appears to meet all criteria.
jal
ROUGH SKETCH OF 2 STORY HOME WITH BASEMENT - Tract D, Hollier S/D
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ARE APPROXIMATE
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1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
;~.-.:~
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TO: Chairman Nault and Planning Commissioners ~,
FROM: Janet Loper and Howard Hackney
DATE: September 8, 1989
RE: Scheduled Public Hearing for Encroachment Permit and Review of
Preliminary Plat for Redoubt Terrace S/D
It has come to our attention that there are several problems with the plat and
encroachment permit applications.
Attached is a copy of the material, a letter from an adjacent property owner,
and a copy of a letter sent to the owners of the property - Housing and Urban
Development.
Staff requests a postponement of the issue until further work can be done with
the owners and surveyor. Staff would like to clear up all violations on all lots
at once. This would make all three properties available for sale and satisfy
the adjacent property owner as well.
Thank you.
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. ~-/~
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KECIAI
(GRANTING)(DENYING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED
BY 14/.20.185 OF THE /K~ENAI~--MUNICIP/AIL CODE FOR ~f
~.~.L{'./2~ b~' /~lis Y///~S //I, ~.//~/~"h..~/( ~ /l/ ~O / / ~ ,t ~ 1,~- /l D // ,~ ~ /Ie / /~,i
LOCATED 1/1 ~ ,~Q, ~ /, ~~~ , ~~(~
BY ~,Y-n~l.CG~J~I ~Ll~(a.4~J~icf~y//.JC~4/ l~ . /~. ,U.
WHEREAS, the Commission finds: ~
1. That an application meeting the requirements of Section 14.20.185
(c ) has been submitted and received on .5; ~ ~j P~j
2. That this request is on land zoned ~~~~ /C,o-~J, ~~~}
3. That the applicant has demonstrated with plans and other documents
that he can and does meet the following specific requirements as
set forth in Sec. 14.20.185 (d):
{1) An encroachment as defined in KMC 14.20.185 (a) exists
(2) The encroachment does not encroach upon a Federal, State
or City right-of-way or utility easement.
(3) The issuance of the encroachment permit will not
authorize a use which is not a principal permitted use in the
zoning district in which the property is located.
(4) The encroachment is not located across a platted lot
line.
4. That a duly advertised public hearing as required by Section
14.20.280 was conducted by the Commission on
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission
of the City of Kenai that the applicant (has)(has not) demonstrated
that the proposed development meets the criteria for said permit and
therefore the Commission (does)(does not) authorize the permit to be
issued.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska
this day of 19
ATTEST:
Chairman
Janet A. Loper, Planning Secretary
APPLICATION FOR ENCROACHMENT PERMIT
DATE : B !~J g 9
1. APPLICANT: f-lC~uS~noCa ~ U2gA~V ~~/L`1,,aP~-yn~
2 . ADDRESS : L~ ~~! TELL 12 rT `( u 2 vEY S
~G Z i3ox ~ 8 ~
Say-'~nTN/-1 ~K ~Jol ~v~v~
3. ENCROACHMENT PERMIT REQUESTED FOR: Gk2P4Q,-r B ~. 1.or S 2, '$ Loc.,tG 1
_~~ ~ e. o ~+-c.. r+ ~ s o .y To L o T S ? $ c_ o G tL 1 ~ `( i2 iz ~ L.1 nl G, r N G,
I~,~ o Pt~'L ~`l L r ,.. c I Jf-~' LET! G 2 D i4-t, H {yy~J T G,/~-r/ S c. ~Zt~"3 O L v c~D~
~~. ~ ,~ bur~o~N~, 5Cr-S~c~c. N~~
4, LEGAL DESiCRIPTION OF PROPERTY:
(include street address if available)
rYt r T',
c~`D o u 3 T" ! ~ 2 1LA-L t= J u B.~ I V t S J o ~•1
L~ rs s~ s 5 z B ~..o ~,~.. l
5. ZONING: ~ S
6, SIGNATURF~F PROPERTY OWNER/OWNERS:
C!/lS P_
7. PERMIT CHECKLISTc
a. Site plan
b, Map
c. Deposit/Advertising Fee ($100)
d. Letter of particulars
saur ~.?'
x
6/89
AIJ6 151989
ao~c n~r~
1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPH0NE283-7535
FAX 907-283-3014
STAFF REPORT
T0: Chairman Nault and Planning Commissioners
FROM: Janet Loper, Planning Specialist
DATE: September 6, 1989
RE: Resolution PZ89-11: Encroachment Permit for Lot 51 & 52, Block 1,
Redoubt Terrace S/D - Integrity Surveys for H.U.D.
BACKGROUND
Applicant: Integrity Surveys - Cliff Baker
for Housing & Urban Development
HC2, Box 385
Soldotna, Alaska 99669
Legal Description: Lot 51 & 52, Blk 1, Redoubt Terrace
S/D, Sec 6, TSN, R11W, S.M.
Existing Zoning: Suburban Residential (RS)
Current Land Use: Medium Density Residential (4-plex)
Action Requested: Approval of Encroachment Permit
T1TC(`TTCCT~IT.T
Lots 50, 51, and 52 began as one large project with shared carports for the
units. The structures on Lot 52 face S. Forest Drive with the second carport
for that unit on the rear of the lot and is encroaching on Lot 51.
All three lots are currently in the hands of Housing & Urban Development and it
is assumed that their intention is to clear up all encroachments in order to
resell the lots individually. While the application suggests only two lots are
involved, staff would like to address all three where they involve a common lot
line.
Resolution PZ89-11
Page 2
There are actually five encroachments surrounding Lot 51:
1) West lot line - building sits 4.5' from the lot line and is a two story
building.
2) West lot line - the carport lies across a lot line (KMC 14.20.200 (2),
(3), and (4)).
3) East lot line - the carport from lot 52 extends over the lot line.
The realignment puts the carport at 3 tenths of afoot from the new lot
line.
4) East lot line - the building lies 3.4 feet from the new lot line.
5) East lot line - the carport lies across a lot line.
The permit should include this staff comment sheet which references all
encroachments to be covered under this permit. The approval of the resolution
and permit will allow the property and all structures on the property to be sold
to private individuals or firms.
This encroachment permit accompanies Preliminary Plat PZ89-12, Replat of Lots
51 & 52, Block 1, Redoubt Terrace S/D.
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`'"`'1 ~:~<:~.~_~~~' ~~ AS -BUILT CERTIFICATION
~.._. ~ I hereby certify that t}ie improvements hereon
~c:Df~U'-~ I E'_~.o~~ ~u6L. exist as shown on the following described
kt~,n ~ RECORDING DISTRICT Property:
~ 144 LoT ~ I I'~i,•Y I 1'.; I, r. a„ ,•,
LEGEND and that no encroachments exist except as
Brass Cap Mon. indicated.
(Found) ®Rebar/Pipe (Found)
^ Hu3'-'~P%~~ (rnu•,C) Exclusion Note:
~ Rebar 1l5 x 30" (Set this survey)
It is the responsibility of t}ie Owner to de[-
Date: ~~ ~ E', 1!~•j Urawn: ~. (~. ermine the existence of any easements, coven-
ants, or restrictions which do not appenr on
Scale: i~~ - L,h~ 1d.0.1IF~"i ?7 F.il./It_?~i-I the recorded subdivision plat.. Under no cir-
_ cumstances should any data hereon be used for
INTEGRil Y SURVEYS construction or for establishing boundary or
Fence lines.
HC 2 BOX 385
SOLDOTNA, ALASKA 99669
SURVEYORS 262-9461 PLANNERS
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14.20.185-14.20.190
hearing. The Planning Commission shall establish a finding that
all of the conditions set forth in Subsections (1) through (4) of
this section have been found to exist before issuing an
encroachment permit.
(1) An encroachment as defined in KMC 14.20.185(a)
exists.
(2) The encroachment does not encroach upon a Federal,
State or City right-of-way or utility easement.
(3) The issuance of the encroachment permit will not
authorize a use which is not a principal permitted use in
the zoning districft n„~whic the,,~propterty .is,~located.
~ 4...-~,.w-. , .~- ~,.,._ ~ .., __, .. _ _., ._.,_.....
ate......, ,(„_ ) , ~ The encroachment is not located'.across ~a platted'
~"'"""~"~`""(e) a Public Hearin The
g. public hearing and notification
procedure for an encroachment permit application shall be
accomplished in accordance with the requirements of this chapter.
(f) Unauthorized Encroachments. Unauthorized encroachments
shall be immediately removed by the owner upon being given notice
by the City. Notice shall consist of a written letter, sent by
certified mail return receipt requested, or by personal service,
explaining the violation and allowing twenty days to remove the
encroachment.
(g) Expiration of Permit. Permits shall expire
automatically upon termination or interruption of the use; damage
to the building, structure, or object which makes it uneconomic
to repair the building, structure, or object; or, the expiration
of the useful life of the building, structure, or object,
whichever comes first.
(h) Right to Appeal. Any revocation, suspension, or denial-
of an encroachment permit by the Planning Commission may be
appealed to the City Council by filing a written notice of appeal
with the clerk and stating the grounds for such appeal. The
appeal notice shall be filed within thirty days after the
effective date of the revocation, suspension, or denial of the
" request for-the Pncroachment permit. All notices of appeal must
• comply with Section 14.20.290. {Ord. 1188)
14.20.200-14.20.220
~•"14 ~0:20`0"'"'Accessory `Structure5::< (a) Yard Requirements for
Accessory~Structures: Where yards are required, accessory
structures shall be subject to~the same requirements as principal
• structures except as follows:
(13 In an RR and RS zone, the minimum front yard
setback for an unoccupied attached or detached garage or
carport shall be ten (10) feet;
(2) Covered but unenclosed passenger landings or
carport not more than one story in height may extend into
either side yard, but such structure shall not be closer
than three (3) feet to an adjoining lot;
(3) Unenclosed outside stairways, fire escapes,
porches, or landing places as well as cornices, canopies,
eaves, and other similar architectural features not
providing additional floor space may extend into a required
yard except within three (3) feet of any lot line;
. (4) A detached accessory building may be permitted to
'~~'~~occupy a•rear yard,,provided that not more than 1/3 of the
r.; ..
.' ~ - '~~ total area ~of '• such rear yardshall be so occupied. ~ ~~(Ord. ' ~ '•''~
....._ 925) ,. _...... . _.~._, ~ .:<.., .. ~~. ... , .. ..
l:4": 20 '210~';'"~°~Sight~Obs"truc£ion on Cor`rier`"~Lots :~ on a corner
lot in any residential district, nothing"shall be erected,
placed, planted, or allowed to grow in a manner which obstructs
~ vision higher than three (3) feet above the curb level at the
street intersection, provided that this restriction shall not
apply to shade trees; the entire foliage of which is eight (8)
feet above the height of the curb. This restriction on sight
obstruction shall apply to the triangular area formed by the two
streets rights-of-way adjoining the lot and a line drawn across
the lot adjoining points on each right-of-way twenty (20) feet
from the intersection of the right-of-way lines. (Ord. 925)
14-41
`. (City of Kenai
Supp. #46 - 11/13/87)
Michael M. Hamrick
P.O. Drawer 1509
Soldotna, Alaska 99669
September 8, 1989
Janet A. Loper
Planning Specialist
City of Kenai
Kenai, Alaska 99611
Ms. Loper,
This letter is written in acknowledgement of, and in reference to an article
of notification you sent me which served to inform me of official public hearing
dates set to review and amended petition for an Encroachment Permit at 1502
Fathom Drive on Lots 51 & 52 Redoubt Terrace Subdivision.
I am the owner of record for Lot 49 and consequently am directly affected by
any utilization of Lots 51 & 52, as well as Lot 50, which at present isn't addres-
sed by the petition you are concerned with.
At the present time, I feel the City of Kenai should delay any decisions on
an Encroachment Permit, until such time as a review of Lot 50 can be completed,
as similar problems exist with all three of the premises.
Until this notification I was unaware that the property owners of Lots 50,
51 & 52 had not obtained a variance prior to construction and my unhappiness at
the encroachment on my own property has increased significantly with the know-
ledge now that it was done so illegally.
To be more specific about violations, I believe that according to code a
multi story structure must be 15 feet from lot lines. These are set back ap-
proximately 4~ to 5 feet. This is the main 4-plex structure. The carport on Lot
50 is even closer to my property line and the roof may even overhand my pro-
perty. Between Lot 50 and my own Lot 49, is a utility corridor which contains
natural gas, electric and telephone buried lines. The carport on Lot 50 is such
that five to 6 feet of the telephone cable has now been exposed and is lying on
top of the ground within the carport. Upon complaining to the manager of these
4-plexes some two years ago, I was told that it was "only telephone cable and
didn't hurt anything".
Since my receipt of your letter and our subsequent conversation I have ob-
tained and reviewed a copy of the covenants for Redoubt Subdivision. These
covenants in the Kenai Recording District Serial 467-1285 and Recorded in Book
26 beginning on page 12 then continuing for the next several pages are duly re-
corded and legal. Whether the City of Kenai decides to grant an encroachment
permit or not, these properties are still in violation of the legal covenants of
the subdivision.
Janet A. Loper
City of Kenai
September 8, 1989
Page -2-
In view of several problems exisiting at all three properties coming to
light and seemingly in deliberate violation of our zoning laws, merely for
speculation purposes, I personally feel the owners should correct the problem
at their own expense and no variance or encroachment permit be issued AFTER
THE FACT.
At the very least, I would expect the City of Kenai to delay the finding
on one property before the process is repeated again for the other two pro-
perties and the same steps repeated at added expense to the city.
Sincerely,
~ .~~~~:~
Michael M. Hamrick
17, _°i~~~1~~c_1:ivc ^c::^~:cnincT /1;,e~~s .
•~
;'rot:r.ctive scrc~~ning ar. eas are ostablish~!c; ~~ ; s.hc~~:n a:~
• " . ' the recorc:ec] pint, inc_luc]int a 10-foot strip of lane ;,` o;~,~, !.cts _
•'„ ti;rou~]: 40, ancj tt 1:,-foot r,trip of rend alonrT T.o-ts it 5~,
bc,th in 3loch 1. ~'o building or structure except uti.)..i.ty c:r ~:r-~i::a:;e
`acilities or the screen .fence provi.c]nd ; or htrrei.n shr(1.1 b~ nl2ced
or nernitted to 'rc:;~ain in such areas. ;~o veh i,.ul~,r acres, over the
area shall re: permitted, except for the ~ur~?o: e of inst~wl.lztion anc:
rai;,tenance of .screening, utilities and dra1.,;:;~;e .`acilitiFs, P. scr_~<_:-.
fence or wall shall he er~~ctec~ on the rear lot lines of. Lots 41
through 52 in clock 1.
18. Si~~:nt Distance at Intersections.
i'~o i E;;t~:C, Svc?11, }:C(.Le O~- Snr:i }` T:1~?:7 t.'..n~ ~•1}liC~ OAS tr~:C'..S
• sight lines at elevations of bet~:een 2 and 6 feet ~?bov? the rcac•.~.:~~s
shall be plc3CE.'C] OL' ~%E'rlil.~tt2(: t0 I L"~cii:l ~7n c:;:y (:'O1 per 1.0t ~'~ ~ ^.._;t j~.:C
triangular area forn;ed by the street :property line and a ~i;,e
connecting ti'.ecl at I~OlntS 25 `eet irOT;1 the :~:1t~.:':~eC~1C~I'i O:^ ":e St:'~:_%
11;;eS, Or in the Case Of a rOUn~'eC] ~ ~ G;?@: ty ~(~:';~~~r, rte:., t~'•e_:c ~ __ -
SeCtl.On Of the Street property line ext~endec;. Ti'.e 52.;•~E'_ 5:.; :.t l~:lE
liJ~lltatlon5 shall ap;~l~~' t0 any. lot within l~ ~ 22t rro;; t~c^ li. t`r-
section of a street prooerty line with the ed e of a drive:aa;~. ::o
tree shall be Perr~~itted to rer,ain within such distances o~= suc^
lnterseCtlonS unless t}]A fOllij~e line is :^,1~11:1tcLl:led 3t SUS`? Cleft
height to prevent obstruction of such sight li:,es.
19.
Architectural Control Co;~rnittee.
(a) Membership. Tile Architectural Control Com~:ittee
s'r,all be compos(zd o`:
iili:e ~raV~l, 4~6 "(i'~ SirCet, iynCnOra~C, ~1~?S~a
'.•]illi.:;n P, ,'~~z•~etcr, ~~06 "G" Streot, Anchora~~,~, Alaska
•~ :tlnlev i:_ i~~i.'r-i~n_ 7118 "t~tir7-n ;v-~::n Ar~r~.-.roman pl_c-,.,
1791-1991
CITY OF KENAI
,.o~ e~~~ ~ ~~~„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
September 8, 1989
Housing and Urban Development
701 "C" Street, Box 64
Anchorage, Alaska 99513
F.E: Lots 50, 51, and 52, Block 1, Redoubt Terrace S/D
Mr. Cliff Baker of Integrity Surveys, as your representative, has submitted a
preliminary plat and an application for an encroachment permit for Lots 51 and
52, Block 1, Redoubt Terrace S/D.
After review of the submitted as-built survey, the building inspector and I have
found additional problems. Further, as a result of the public hearing notice
for the Encroachment Permit we have received a letter from an adjacent property
which is enclosed. This letter addresses some concerns that are out of our
jurisdiction, however, might be of .interest to you.
We have asked for a postponement to both the plat and the encroachment permit
in the hopes of addressing all three properties as all three appear to be owned
by your agency. Mr. Baker has stated that he will be in touch with you as he
_ needs your permission to proceed with surveying Lot 50 as well.
Enclosed are copies of all material we have, at this point, that will be going
to the Planning & Zoning Commission. It is anticipated that both the Kenai
Peninsula Borough and the Kenai Planning & Zoning Commission will comply with
the request for postponement.
If you have any questions, please contact Mr. Howard Hackney, Building Inspector
for the City of Kenai at 283-7537 as I will be out of town for the next week.
Sincerely,
~~~ ~,~~~
Janet A. Loper
Planning Specialist
cc: Howard Hackney
Planning & Zoning Commission
.~:~:.~;;:z. .
KE NA = P LANN = NG fx Z ON = NG COMM = S S = ON
August 23, 1989 - 7:00 P.M.
City Hall Council Chambers
Pat Nault, Chairman
1. ROLL CALL
Present: Bryson, Brown, Glick, Gilman, Walker
Absent: Nault, Bannock (excused)
NOTE: Commissioner Bannock arrived after the meeting. Also, Margaret
O'Reilly is now Mrs. Margaret Gilman. The name change is reflected
throughout the minutes.
2. APPROVAL OF AGENDA
Agenda approved as submitted
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None
4. PUBLIC HEARINGS
a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban
Residential (RS) to General Commercial (CG) - MaQUire
Vice Chairman Bryson called for public comments.
Mr. Samuel Maguire: I am the applicant. We went to the City Council last
week and I guess what happened was this suggestion, this request was turned
in too late to get to the City Council so they asked us to come back here
and talk to you people about it. I assume that what we're trying to do
here ... due to the discussion at the last meeting, there seemed to be some
discussion as to whether or not to zone part of this area residential and
part of it commercial. I assume, because the City Attorney was there and
he had talked to me about it, he didn't state that he had seen these
papers, it would be permissible, under the application that I made, I asked
specifically if I needed to make a new application and pay a new fee and
I was told no, that under the present application we could introduce this.
It does satisfy a couple of concerns. I have talked to Mr. Doyle who
prepared this new design. This makes one of the other people who objected
happy so that means that two of the four letters withdrawn. I am sure that
when they find out that traffic will be coming on and off the Spur Highway
that will make them happy.
KENAI PLANNING & ZONING COMMISSION
August 23, 1989
Page 2
I've looked around since the last meeting and the way I see it, if we don't
go to strip zoning we're not going to have a lot of progress because we
have just about everything that can be used up to the high school tied up.
Contrary to the people who don't care for strip zoning I think that if
these kids were playing on the street the way they've been playing on the
street back in residential areas, we'd have a problem on the highway. So
I do believe that a business district along the Spur Highway is the best
use.
If somebody builds a couple of houses up there and has small children along
there you're going to start getting petitions to cut the speed limit down.
With businesses you don't have that.
Mr. Doyle is suggesting that I use approximately 110' of the south side
of my property as two residential lots and he and I jointly bring water
& sewer back to service his three lots and my two lots. Then I can use
lot 4 for my house. Lot 5 would probably be sold.
The location of the store is going to depend on how it turns out once we
get in there and actually start moving earth. Whether it will be located
quite exactly where it is, it will be somewhere on that side of a
commercial zone. We will use a single access on and off the highway. I
will try to get the highway department to let me use a width that is a
little wider than it is right now.
Commissioner Brown: When we had this before us the last time it said that
there was some question about the legalities about splitting the lot in
half. I think it was more about the legality of having a buffer zone.
I'm sorry, I didn't understand. I thought if we couldn't do the whole
thing we couldn't do any of it. The City Attorney was sitting there and
he's seen this because we had a discussion before hand about what was
coming along here.
I understand part of your concern about strip zoning, I know its bad. The
gentleman that was sitting here was worried about somebody in a city lot
getting blocked in by a bunch of commercial lots. He never looked to see
that it was impossible down there for that to happen because everybody
along the highway has a depth. I'm next to commercial, I've got a church
across the street, I'm on the edge of a commercial area.
Commissioner Brown: When we rezone something we would be rezoning the
entire lot 44 which would include lot 4 and 5 since this lot 44 have not
been subdivided. Vice Chairman Bryson: I would think you would have to
make any rezoning contingent upon the creation of the lot. Mr. Maguire:
As far as I'm concerned this lot 4 and 5 suits my purposes better because
until the other night I didn't realize I couldn't put a house there. We're
still not positive its going to wind up 5 lots. We're kind of asking you
not to hold our feet to the fire. But it might wind up six lots.
KENAI PLANNING & ZONING COMMISSION
August 23, 1989
Page 3
Commissioner Brown: Do you have a plat that shows how deep this lot 44
is. Mr. Maguire produced a tax parcel map for use as a map depicting
footages. Mr. Doyle discussed a previous platting of his property,
however, the plat was never introduced to the City except for the purposes
of stubbing in water & sewer.
MOTION:
Commissioner Brown moved approval of PZ89-13 described as a minimum of
approximately 1 acre and a maximum of 1 1/4 acre of the northerly portion
of BLM Lot 44, seconded by Commissioner Glick.
Commissioner Gilman: I have trouble with the idea of strip zoning in the
first place. I think that you should have all residential or all
commercial. I see this leading to other businesses wanting to develop
residential into commercial as well. And in that area I really don't see
that.
Vice Chairman Bryson: I share her concerns. At the last meeting we were
talking about the conditional use approach also so that the area wouldn't
be zoned commercial so he could go ahead with his proposed business so I
lean that way. Commissioner Gilman: Is that something similar to issuing
a permit for abed & breakfast, the same theory? Vice Chairman Bryson:
If the land use were approved he could build what was approved but it
wouldn't open the area up to the broader sense .of the commercial.
Commissioner Glick: What do you think of this plan where he's going to
break this piece out. Rather than rezone the whole thing. Vice Chairman
Bryson: It apparently neutralizes the concern that the adjacent property
owners are expressing.
Mr. Doyle: Has this been done in the past, where residential has become
commercial. Addressing Mrs. Gilman's concerns about strip zoning, it's
one thing for Pete Zamarillo to put in a strip mall and another for a low
key development. You can say its strip zoning but the way I see it as a
developer is making residential property more valuable. Planning
Specialist Loper: From the letters the concerns appeared to be from the
standpoint that once the property is rezoned there is no control over the
type of development. Mr. Doyle: I agree, if Mac sells in five years it
could be a gas station. Commissioner Gilman: So if it were a conditional
use than he couldn't sell it to someone who could turn it into a 7-11.
Mr. Maguire: I thought at the last meeting you decided it couldn't be
done. Planning Specialist Loper: I believe it's still being discussed.
What the Commission has done in the past is issued conditional use permits
to low key compatible businesses which are not addressed such as guide
services. You have issued 5 of them.
Vice Chairman Bryson: This sort of thing has been done in the past. As
I remember Doyle's fuel service was rezoned and it operated under a
conditional use for quite a long period of time. And then a year or two
ago he rezoned it.
KENAI PLANNING & ZONING COMMISSION
August 23, 1989
Page 4
VOTE:
Mr. Maguire: It sounds to me like nitpicking because if I wanted to buy
a piece of Mr. Zubeck's property next door I can put in anything I want,
and I' m trying to work with you people and I get told to go pay him $40, 000
per acre so I can put anything on it I want. People can't stay downtown
because they can't afford it. Mr. Maguire continued to discuss strip
zoning at length.
Commissioner Walker: I would like to see that happen, however, under the
codes, as I read them, a conditional use is not a possibility because this
is specifically a retail business. On the other hand, I see little or no
reason if, subject to platting and approval of the plat, I see no reason
why this buffer system would not work, and again, if his business is not
there 20 years from now, there will be more and more zoning changes along
that highway. As a citizen with small children I would never dream of
having a house on that highway. It is logical for businesses. I
understand it's nice to keep all your businesses in town, but that's not
possible in all cases. It would probably be in our best interest to
support this document.
Commissioner Gilman: I have difficulty with the fact that there's an
elementary school two blocks down. Commissioner Walker: Right across the
road Mr. Zubeck has had that commercial property for many years and that
didn't stop them from putting this elementary school in where there was
already adjacent commercial property. I have trouble with commercial
property on one side and not allowed on the other.
The Commission discussed the size of the lot and surveying of the lot and
description of the lot to be rezoned. The Commission agreed that the
property would need to be surveyed in order to obtain an appropriate
description to be rezoned.
Motion passes
Vice Chairman Bryson - no
Commissioner Brown - yes
Commissioner Glick - yes
Commissioner Gilman - no
Commissioner Walker - yes
5. APPROVAL OF MINUTES of July 26 and August 9, 1989
Minutes were approved as submitted
6. OLD BUSINESS
None
7. NEW BUSINESS
None
KENAI PLANNING & ZONING COMMISSION
August 23, 1989
Page. 5
8. PLANNING
Work Session to follow meeting regarding proposed Recreation Zone -
material will be available at the meeting.
The Commission agreed to another work session following the next meeting,
September 13th.
9. REPORTS
a. City Council
Councilman Smalley not in attendance
b. Borough Planning
Commissioner Bryson reported on the status of the proposed ordinance
pertaining to conditional use permits. There has been no support.
c. City Administration
Planning Specialist Loper will be gone for the next meeting. The City
Clerk will be sitting in.
NOTE: Councilman Smalley arrived at this point
Commission and Councilman Smalley discussed the Rhyner appeal.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
11. INFORMATION ITEMS
a. City Council Agenda - August 16, 1989
b. Borough Planning Agenda - August 21, 1989
c. APA Magazine
12. COMMISSION COMMENTS & QUESTIONS
A map containing properties which have been issued permits for business
or docks, was introduced and will be kept for reference purposes.
13. ADJOURNMENT
There being no further business, the meeting was adjourned.
Janet A. Loper, Planning Specialist
Secretary to the Commission
CITY OF KENAI
RE50LUTION N0. PZ f~f-/.~
KPB File No. _~
A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT
TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat ~-y~~'~ ,(~ ~ ,~~ ~~ ~~'~,~,~
was referred to the City of Kenai Advisory Planning & Zorn dig Commission
~G and received on , and
~~
WHEREAS, ~ e City of Kenai Advisory Planning & Zoning Commission finds:
1. Plat area is zoned ~~~,~iS sh~~, ~,9 /~ and therefore
subject to said zone conditions,
,. .
2. Water & sewer: ~ ~ ~~~ L,~ ~',i•~ ~,~~ ;~.~~
l~~ti
~_
3. Plat (d~ oes no subdivide property within a public improvement
district subject to special assessments. There.~~ is not a
delinquency amount owed to the City of Kenai for the referenced
property,
4. Installation Agreement or construction of improvements is not
required prior to plat filing.
5. Status of surrounding land is ( (par ly)shown
6. Utility easements, if required, are (n shown
.~ 7. Any existing structures must be shown on plat.
8. Street names designated on the plat are ('correct.
9 . INCL UOE ANY STATEMENTS ON ATTACHED STAFF COMMENT SHEET
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI ADVISORY PLANNING &
ZONING COMMISSION that does recommend to the Kenai Peninsula Borough
. Planning Commission approval subject to correction of any negative findings
as stated above or on attached Staff Comment Sheet.
PASSED BY THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA this day of 19
CHAIRMAN
ATTEST:
Planning Secretary
RESOLUTION PZ ~~-/~
SUBDIVISION
e
ADMINISTRATIVE COMMENTS
CITY ENGINEER
BUILDING INSPECTOR
~~~~~
PLANNING STAFF
~~- ~ ~ ,~ x2~ ~ ~~ ~ ~~~~~
~'~
PLANNING COMMISSION
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°`h'+~°:,~,^~w'~•~ AS-BUILT CERTIFICATION
LOT 51 BLOCK. I TRACT As-Build Certificate:
-7 ~ ~ I hereby certify that the improvements Hereon
K-C LC'!~?,~T I ESL ~.~r~~ ~uf;~ exist as shown on the following described
kt~~ I RECORDING DISTRICT Property:
~ 1474 Lot 51 ~Pr pc.k. f 17,..-„~:~ -- I,: ~rir ~~, •.°,,
LEGEND and that no encroachments exist except as
Brass Cap Mon. indicated.
® (Found) O Rebar/Pipe (Found)
^ Hu~..7"P~-~~ (Fnu•r~) Exclusion Note:
~ Rebar //5 x 30" (Set this survey)
It is the responsibility of the Owner to det-
Date: ~~ I E3 l F~ 1 Drawn: <.: (?, ermine the existence of any easements, coven-
ants, or restrictions which do not appenr on
~ the recorded subdivision lat. Under no cir-
Scale: 1 - Zb W.O.I/A9~L'7 F.tl.llE3~t-1 P
_ cumstances'should any data hereon be used for
INTEGRiI Y SURVEYS construction or for establishing boundary or
fence lines.
HC 2 BOX 385-.
SOLDOTNA, ALASKA 99669
SURVEYORS 262'9461 PLANNERS
AGENDA
KE NA = C 2 TY CO U NC = L - REGULAR MEET = NG
S ep t emb e r 8~ 1 9 8 9 - '7 = 0 0 P_ M_
A _ CALL TO O RD E R
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) awe considered to be routine
and non-controversial by the Council and will be approvea 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.
B _ SCHEDULED PUBL2C COMMENT (10 Minutes)
C_ P UB L= C HEAR = NG S
~a„~\e. - 1. Ordinance 1333-89: Amend Zoning Map - Govt Lot 44, Sec. 34 - From
Suburban Residential (RS) to General Commercial (CG) - Maguire
a. Substitute
~c.s S - Z• Ordinance 1334-89: Increase Rev/Appns by $17,000 - Accepting State
Library Grants
a..S S - 3. Ordinance 1337-89: Increase Rev/Appns by $6,604 - Payment of Legal
Fees
QS 5 - 4. Resolution 89-6Z: Requesting Municipal Assistance Funding from State
of Alaska
ass - 5. Resolution 89-63: Authorize Participation in Oil Spi11 Grant Program
~ y _ 6. Resolution 89-64: Transfer $10,000 to Continue Litigation to Collect
Special Asse ments ~- 7 ( ~p Q s s
C - g ~ ~ a ~ c~ ~'.. -~ ~ ~' cC S s~ C - 10 ~-~-A1~~t.} C. -1 0 0.. C~-ob~ e
D _ COMM = S S = O N / COMM = T TE E RE 1~ O RT S
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
5. Library Commission
6. Parks & Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions/Committees
E . M = NU TE S
1. *Regular Meeting, August 16, 1989
G - ~ a• CV - q - s ~- r e.~-E-s
G...i` Q _.- Or. • r 7p J r '~' ^L' ~ 'O 0.~fC7 ~Q Y1 ~
F _ CORRESPONDENCE
~-t-;o'^ -1. Letter from Mayor of Valdez, John Devens to Rear Admiral Yost -
"`° Review of Prince William Sound
~~.~..;o~ - 2 . Letter from Mayor Devens to Jean Baptiste Henry
~, o
G_ OLD B U S= NE S S
H _ NEW BUS = NE S S
~ asS --3. Bills to be Paid, Bills to be Ratified
~ w55 '~• Requisitions Exceeding $1,000
3. *Ordinance 1338-89: Increase Rev/Appns by $6,819.53 - D.E.A.
Forfeitures
4. *Ordinance 1339-89: Decrease Rev/Anns by $516,265 in Runway &
Taxiway "C" Overly Project
~ aS'S -5. Discussion: Return of Land Purchased from City - Ken Cusack
~r}~ r--6. *Ordinance 1340-89: Amend KMC Chapter 23, "Personnel", Sections
/~ 23.30.010 and 23.30.020
dw~-~` "~ 7~ C.O vin v+l lr PC~~0.` LLSL ~'{" ~!'r C2M~~'r
~9.4 ~'d = _ ADM=N=STRA~ION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
S_ D I S CU S S= O N
1. Citizens
2. Council
K _ AD JO U RNME N T
r
KENAI PENINSULA BOROUGH
MEETING OF THE PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA
7:30 P.M. SEPTEMBER 11, 1989
TENTATIVE AGENDA
AGENDA ITEM A. CALL TO ORDER
AGENDA ITEM B. APPROVAL OF REGULAR MEETING AGENDA AND
ADOPTION OF CONSENT AGENDA
Consent Agenda
1. Other Considerations
a) Plat Amendment
Homer Spit
Recommendation: Approve
b) Time Extensions
1. Grandview S/D Audette Addn.
KPB File 85-174
Recommendation: Grant Time Extension
2. Nils 0. Svedlund No. 8
KPB File 88-282
Recommendation: Grant Time Extension
2. Plats Granted Administrative Approval
and/or Abbreviated Plats Approved
under 20.04.070
a) Country View No. 2
' KPB File 89-076
3. Permits and Applications
a) Land use permit extension
West Cook Inlet, Inc.
Lot 1, Blk 1, Three Mile Creed S/D
b) Digicon Geophysical Beluga and
Susitna Rivers
AK89-0822-05A
c) Kenai River 231; Kendall
COE Ref. No. 1-890092
I1
..~
d) University of Alaska Fire Training
Facility; AK 89-0830-09A
4. Informational Items
a) Comprehensive Inventory Report (Draft 2)
Potential Waste Disposal Sites and Other
Reports/Complaints, Kenai Peninsula, AK
b) HEA Transmission Line
Fritz Creek to Soldotna
AK89-0823-o6A
c) Kenai River 244; Chadwick
AK89-0622-19A
Conclusive Consistency Determination
d) ARCO Swanson River Wells
AK89-0720-05A
Conclusive Consistency Determination
e) Kenai River 228; Vaughan & Haag
AK89-0630-28A
Conclusive Consistency Determination
AGENDA ITEM C
AGENDA ITEM D
AGENDA ITEM E.
AGENDA ITEM F.
AGENDA ITEM G
AGENDA ITEM H.
Kachemak Bay, S.
Homer East Road
Moose Pass
Knight Drive
Ridgeway
~~y ~ty of Kenai
Kasilof Area
Sterling Hwy.
City of Homer
AGENDA ITEM I.
f) Tyonek Wastewater Facility & Outfall
AK89-0710-O1A
COMMISSIONERS ERCUSED ABSENCES
APPROVAL OF MINUTES
1. August 21, 1989
PUBLIC PRESENTATIONS WITH PRIOR NOTICE
PUBLIC HEARINGS
1. Chapter 21.12, Noxious, Injurious
and Hazardous Uses Ordinance
In the matter of a Fox farm
operation located Sec. 3, T4N,
R11W, S.M. and lies south of Wendy Lane
and west of Caswell Rd.
SPECIAL CONSIDERATIONS
1. KPB Code 10.04.020 - Site selection and
procurement--Authority and Criteria
Transfer Site Relocations
1) Anchor Point Transfer Site
2) :McNeil Canyon Transfer Site
CONSIDERATION OF PLATS
1. ASLS 74-81 Too (N/C) Preliminary
KPB File 89-091 Ability Surveys
2. Rumley collie Five Preliminary
KPB File 89-095 Ability Surveys
3. Bair Subdivision Preliminary
KPB File 89-092 Owner
4. Hodgson Subdivision ~3 Preliminary
KPB File 89-043 Integrity Surveys
5. Redoubt Terrace S/D Preliminary ~
Lots 51 & 52 B1 Replat Integrity Surveys _
KPB File 89-09:3
6. Fort Morgan S/D Preliminary ',,.~~"~~
Trail Head Addition Integrity Surveys
KPB File 89-094
7. Right-of-Way Map _ Preliminary
Sterling Hwy - Soldotna
to Sterling
IR-OA3-3(3)/56375 "'
KPB File 89-096 '
8. Bayview Subdivision Preliminary '
Johnson Addition #4 Carlos Freeman
Replat TR 6A, 6B, & 6C
KPB File 89-097
CONSIDERATION OF RESOLUTIONS
1. Resolution 89-27: A resolution concerning
the granting of time extensions to
preliminary approval of subdivision plats.
,~
2. Resolution 89-XX: A resolution granting
Homer Electric Association an utility
easement across Borough owned lands -
Section 1, Township 4 North, Range 12 West
S.M., Alaska
3. Resolution 89-XX: Recommending the
assembly not enact Ordinance 89-40 which
would enact a new chapter 21.12 to provide
a permit system for conditional land uses
and repeal the current KPB 21.12, Noxious
Injurious and Hazardous Uses Ordinance
AGENDA ITEM J. PERMITS AND APPLICATIONS
1. Letter of Entry
Geophysical Seismograph Survey
Digicon Geophysical Corporation
Moose Point and Gray Cliff Subdivisions
2. Land Use Permit
Newbery Alaska, Inc.
Request for permission to cross borough
selected approved lands - Fritz Creek
Homer, Alaska
3• Land Use Permit
HEA
- Storage of Transmission Poles, Homer area
AGENDA ITEM K. INFORMATIONAL ITEMS
AGENDA ITEM L. PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE
AGENDA ITEM M. DIRECTOR'S COMMENTS
AGENDA ITEM N. COMMISSIONER COMMENTS
AGENDA ITEM 0. ADJOURNMENT