HomeMy WebLinkAbout2010-07-14 Planning & Zoning Packet1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Roy Wells
*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 110 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. *June 23, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore
Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial.
Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska.
b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the
property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application
submitted by George Showalter, 47004 Emery Street, Kenai, Alaska.
6. UNFINISHED BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 14, 2010 7:00 p.m.
7. NEW BUSINESS:
a. PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska
recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section
14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed
unless the partial destruction if fifty percent (50 or less of the replacement cost in which event
the owner must obtain a building permit within three (3) months from the damage or destruction
or remove the remaining structure. Discussion Public hearing scheduled.
Agenda
July 14, 2010
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
PZ10 -24 Landscape /Site Plan Kenai Self Storage, Lot 7A, Block 1, Bridge Road
Subdivision, Lockwood Addition (1354 Bridge Access Road), Kenai, Alaska.
Zoning Bulletin (May 10 June 10, 2010)
Quarterly Reports
a. Planning Zoning Resolutions
b. Code Enforcement
c. Building Permits
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
Page 2
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Phil Bryson
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
S. PEN
ING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 23, 2010 7:00 p.m.
2. *APPROVAL OF MINUTES:
a. *.tune 9, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ10 -19 (PZ09 -45) An application to modify an existing Conditional Use Permit for a
Private Family RV Park for the property known as Lot 7, Anglers Acres Subdivision Part
3 (1115 Angler Drive). Application submitted by Richard Ames William Bancroft,
8650 Augusta Circle, Anchorage, Alaska.
b. PZ09 -30 Revocation hearing revoking Conditional Use Permit Lynford Disque dba
Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1/2
W1 /2 NW1 /4 NW1 /4).
'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.
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
D Zoning Bulletin (May 25, 2010)
PZ10 -20 Landscape /Site Plan Hall Quality Builders An Automotive Transmission
Shop 1152 Bridge Access Road (Lot 3, Baronwood Subdivision #3)
D Code Enforcement Success 1202 Lilac Lane
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING ZONING COMMISSION
JUNE 23, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR PRO TEMPORE ROY WELLS, PRESIDING
CHAIR JEFF TWAIT, PRESIDING (7:15 p.m.)
MINUTES
Due to lack of chair and vice chair, Commissioner Roy Wells opened the meeting as
chair pro tempore.
ITEM 1: CALL TO ORDER
Chair Pro Tempore Wells called the meeting to order at approximately 7:02 p.m.
1 -a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff /Council Liaison present:
1-b. Agenda Approval
R. Wells, K. Rogers, G. Brookman, K. Koester
J. Twait, S. Romain, P. Bryson (excused)
City Planner M. Kebschull, City Planning
Administrative Assistant N. Carver, Council Member
B. Eldridge, Deputy City Clerk C. Hall
Commissioner Brookman read the following changes to the agenda:
ADD:
MOTION:
1 -c.
MOTION:
7 -a. New Business PZ10 -22 Townsite Historic Zone
Development Review Holy Assumption Russian Orthodox Church,
1105 Mission Avenue, Kenai Alaska Building Permit
11 -d. Information Items "Kenai City Council Policy for Commission,
Committee, Board and Council on Aging Meetings and Work Sessions."
Commissioner Brookman MOVED to approve the agenda with the changes and
Commissioner Koester SECONDED the motion. There were no objections. SO
ORDERED.
Consent Agenda
Commissioner Brookman MOVED to approve the consent agenda and Commissioner
Rogers SECONDED the motion. There were no objections. SO ORDERED.
1 -d. *Excused Absences
Commissioner Phil Bryson
Approved by consent agenda.
*All items listed with an asterisk are considered to be routine and non-
controversial by the Commission and will be approved by one motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda and considered in
its normal sequence on the agenda as part of the General Orders.
ITEM 2: *APPROVAL OF MINUTES June 9, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
5 -a. PZ10 -19 (PZ09 -45) An application to modify an existing Conditional
Use Permit for a Private Family RV Park for the property known as Lot 7,
Anglers Acres Subdivision Part 3 (1115 Angler Drive). Application
submitted by Richard Ames William Bancroft, 8650 Augusta Circle,
Anchorage, Alaska.
City Planner Kebschull read the staff report included in the packet, recommending
approval with the following requirements:
1. The existing septic system must be dismantled and may not be used.
2. A port -a -potty must be rented and placed on the property for use during
the 2010 season. Facility must be pumped weekly, or as needed.
3. Provide documentation that an engineer has been contracted to design
an approved ADEC system for on -site water and sewer facilities.
4. Building Official must conduct a final inspection on the gazebo to verify
the structure meets the building code requirements. Final inspection and approval
must be completed no later than August 31, 2010.
5. ADEC approved system must be installed prior to May 31, 2011.
Kebschull added, the remaining conditions imposed under the original permit would
continue as requirements of the permit, as follows:
1. Limit number of permanent trailers and structures to the existing
structures.
2. Limit use to operating during the period of May 1 through October 15.
3. Fees shall not be charged for RV occupancy.
MOTION:
PLANNING ZONING COMMISSION MEETING
JUNE 23, 2010
PAGE 2
Wells
YES
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
ABSENT
Commissioner Brookman MOVED to approve PZ10 -19 with staff recommendations
and Commissioner Koester SECONDED the motion.
Wells read the rules for public hearing and opened the meeting to public comment.
There being no one wishing to speak, the public hearing was closed.
Commissioner Twait arrived at 7:12 p.m.
Commissioner comments included whether to add stipulations to the placement of the
port -a- potty. There were no additional comments.
VOTE:
MOTION PASSED UNANIMOUSLY.
Wells read the 15 -day appeal process procedures. Wells passed the gavel to
Commissioner Twait and Twait took the chair.
5 -b. PZ09 -30 Revocation hearing revoking Conditional Use Permit Lynford
Disque dba Circle D Restoration and Racing (Outside Storage Yard)
2021 Wyatt Way (KN E1 /2 W1 /2 NW1 /4 NW1 /4).
MOTION:
Commissioner Wells MOVED to revoke the Conditional Use Permit and Commissioner
Koester SECONDED the motion.
Kebschull reviewed the staff report included in the packet, and requested Planning
Administrative Assistant Carver provide comment as the Code Enforcement Officer.
Nancy Carver, Code Enforcement Officer, City of Kenai Carver reviewed the
history of the code violation information which was included in the packet.
Kebschull noted, after the revocation, a code enforcement order would be issued and
the applicant would have 15 days in which to fulfill the requirements.
Twait opened the meeting to public hearing.
Lynford Disque, 2021 Wyatt Way, Kenai Disque (the applicant) apologized for not
following through with the original requirements and noted, the delay was due to his
unemployment.
PLANNING ZONING COMMISSION MEETING
JUNE 23, 2010
PAGE 3
Wells
YES
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookrnan
YES
Koester
YES
Romain
ABSENT
There being no one else wishing to speak, the public hearing was closed.
Commissioner comments included:
The issue was the revocation of the Conditional Use Permit, not the code
violations.
The procedure, after revocation, would be the issuance of an enforcement
order.
Fines would be issued or a lien placed against the property.
VOTE:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
ITEM 6:
ITEM 7: NEW BUSINESS
7 -a. PZ10 -22 Townsite Historic Zone Development Review Holy
Assumption Russian Orthodox Church, 1105 Mission Avenue, Kenai,
Alaska Building Permit Application.
Kebschull reviewed the staff report included in the lay down at the beginning of the
meeting, noting the Church had received funding to stabilize the structure; was
applying for a building permit to complete the work; the Commission was required to
review all building permits for properties included in the Preservation Plan; and, that
no action needed to be taken.
General discussion followed.
UNFINISHED BUSINESS None
ITEM 8: PENDING ITEMS None
ITEM 9: REPORTS
9 -a. City Council Council Member Eldridge reviewed the action agenda
items of the June 16, 2010 City Council meeting included in the packet.
9 -b. Borough Planning No Report.
9 -c. Administration Kebschull reported the City of Soldotna would be
holding an Open House on July 1, 2010 from 1 :00 8:00 p.m. to review the draft
Comprehensive Plan and invited the Commissioners to attend.
PLANNING ZONING COMMISSION MEETING
JUNE 23, 2010
PAGE 4
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS
11 -a. Zoning Bulletin (May 25, 2010)
11 -b. PZ10 --20 Landscape /Site Plan Hall Quality Builders An Automotive
Transmission Shop 1152 Bridge Access Road (Lot 3, Baronwood
Subdivision #3)
11 -c. Code Enforcement Success 1202 Lilac Lane
11--d. "Kenai City Council Policy for Commission, Committee, Board and
Council on Aging Meetings and Work Sessions"
Kebschull suggested the Commission consider holding work sessions prior to the
regular meeting, rather than after. Commissioners agreed and Kebschull reported all
future work sessions would be scheduled prior to regular meetings.
ITEM 12: COMMISSION COMMENTS QUESTIONS
Brookman noted he had been called for a 60 -day Federal Jury Duty in Anchorage and
would request excused absences if the need arose.
ITEM 13:
MOTION:
ADJOURNMENT
Commissioner Brookman MOVED to adjourn and Commissioner Koester SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 7:47 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING ZONING COMMISSION MEETING
JUNE 23, 2010
PAGE 5
To: Planning Zoning Commission
Date: June 17, 2010
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
STAFF REPORT
Tony Doyle 398 -1716
39154 Holly Avenue
Soldotna, AK 99669
Res: PZ 10 -21
Rezone General Commercial to Limited Commercial
Lot 3A, Karen Subdivision Moore Addition
7984 Kenai Spur Highway
04104011
General Commercial
Commercial /Residential
Neighborhood Commercial
General Information:
This is an application to rezone Lot 3A of Karen Subdivision Moore Addition
from General Commercial to Limited Commercial. The applicant has provided a
letter with the application explaining the history of this property and the
justification for the rezone.
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights
of -way) unless the amendment enlarges an adjacent district boundary." The
area of this rezone is over one acre 1.26 acres and meets the requirement for
an amendment to the zoning map.
There are two structures located on this property, a residence built in 1955 and
an office /residence built in 2002. The applicant has been trying to sell the
property for some time. To make the property more marketable, he decided to
subdivide the property. The structures were identified as residences on the plat.
The preliminary plat was reviewed by the City of Kenai Planning Zoning
Commission on June 9, 2010.
1021 Comment.doc Page 2
Residential use is only allowed as a secondary use in this zone with business
being the primary use. Because of this, these homes are considered non-
conforming under KMC 14.20.050 which means the use may continue but may
not be expanded. And, should the structures be destroyed to an extent of more
than fifty percent (50 of replacement cost at the time of destruction, they
could not be reconstructed except in conformance with permitted uses in the
zone.
The applicant, Mr. Doyle believes that by rezoning the property, the residential
use could continue and that there are businesses that could operate from this
site meeting the intent of the Limited Commercial zone. The Limited
Commercial zone was established to provide a transition area between
commercial and residential districts and allow a mix of low volume businesses
as well as residential use. Although the proposed rezone would not provide a
transition area between residential and commercial zones, the rezone would
provide a transition between the existing residential uses and the adjoining
commercial uses.
The 2003 Comprehensive Plan Land Use Plan classified the area as
Neighborhood Commercial, "The Neighborhood Commercial district applies to
areas along the arterial road system that are suitable for small -scale
neighborhood- serving retail service and office uses." (City of Kenai
Comprehensive Plan, Page 29.) Rezoning to Limited Commercial seems in
conformance with the Plan because the types of businesses allowed in the
Limited Commercial are consistent with small -scale neighborhood serving types
of businesses and more consistent than those uses permitted in the General
Commercial zone.
RECOMMENDATIONS
The applicant is proposing to rezone this property from General Commercial to
Limited Commercial. This property is located on the Kenai Spur Highway.
There are two existing structures on this property. One of these is a residential
structure which has existed and been used as a residence since 1955. The
second structure was built in 2002 and was built as a mixed use structure
containing a professional office (design studio) and residence. The oldest
structure is located closest to the highway with the newer structure on the back
portion of the property. Because of the location of the 1955 residence and with
no principal commercial use on the property, it is considered non conforming.
The second, 2002, structure could be considered conforming because of the
configuration of the design studio being in the front of the residential portion.
(KMC 14.22.010 Footnote 1 Allowed as a secondary use except on the
ground floor of the part of the building fronting on collector streets and major
highways.)
1021 Comment.doc Page 3
Mr. Doyle has listed the property for sale for some time and due to the non-
conforming status of the structures, has had difficulty selling the property. He
believes that by rezoning the property the vacant buildings would become viable
again. The requested rezone to Limited Commercial could provide for continued
commercial development while allowing the historical residential use.
This property is surrounded by properties zoned General Commercial. The Kenai
Peninsula Borough identifies properties by use. The designation doesn't
necessarily match the City's zoning. In this area, the Borough has identified
multiple properties in this area as residential. Several of these are vacant;
however, across the Kenai Spur Highway, there is a mixture of commercial and
residential developed properties.
During the creation of the 2003 Comprehensive Plan, development concerns
along the Kenai Spur Highway corridor were discussed extensively. One of the
reasons the Limited Commercial zone was developed was because of the
concerns identified in the Comprehensive Plan and to provide for revitalization of
the Kenai Spur Highway corridor.
The property being considered has a 55 year history of residential use in an area
surrounded by commercially zoned properties. The proposed rezone would
provide for additional development options for the existing structures on the
property while allowing for the continued residential use.
Based on the Supreme Court of the State of Alaska Griswold decision, there is a
concern that the requested rezone could be considered spot zoning. That
decision found that reclassifications under three acres are almost always found
invalid. However, the decision also stated that the size of the area should not
be considered more significant than other factors in determining if spot zoning
has occurred. For example, is the rezone consistent with the Comprehensive
Plan?
In 2007, a rezone of Schurr Subdivision from General Commercial to Limited
Commercial was approved. That property is less than three acres (2.87 acres).
The rezone was not challenged as spot zoning and the change has provided for
the mixed use as intended with the Limited Commercial zone.
It is my opinion that the proposed rezone would provide the mixed use as
provided for in the Limited Commercial zone and is in conformance with the
Comprehensive Plan.
Recommend approval with the suggested findings:
1. The property is zoned General Commercial.
2. Residential use is allowed only as a secondary use in the General
Commercial zone.
1021 Comment.doc Page 4
3. Residential use has continued on this property for over 50 years and
has been compatible with surrounding commercial uses.
4. The 2003 City of Kenai Comprehensive Plan identified development
concerns relating to the Kenai Spur Highway corridor.
5. This property is located on the Kenai Spur Highway.
6. The 2003 Comprehensive Plan Land Use classifies the land as
Neighborhood Commercial which provides for uses similar to the
Limited Commercial zone.
7. In 2005, the Limited Commercial zone was developed to allow
medium volume business, mixed residential, and other compatible
uses.
8. Allowing the rezone to Limited Commercial would provide for
commercial uses while permitting residential use.
9. Rezoning the property to Limited Commercial is consistent with the
Comprehensive Plan.
ATTACHMENTS:
1. Resolution No. PZ10 -21
2. Application
3. Map
KENAI ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED BY
NAME: Tony Doyle
ADDRESS: 7984 Kenai Spur Highway
LEGAL: Lot 3A, Karen Subdivision. Moore Addition
PARCEL 04104011
"Village with a Past, Gi with a F tisre"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 Fax: 907- 283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -21
REZONE
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned General Commercial
2. The present land use plan designation is Neighborhood Commercial
3. The proposed zoning district is Limited Commercial
4. An appropriate public hearing as required was conducted July 14, 2010
5. That the following additional facts have been found to exist:
a. The property is zoned General Commercial.
b. Residential use is allowed only as a secondary use in the General Commercial zone.
c. Residential use has continued on this property for over 50 years and has been compatible
with surrounding commercial uses.
d. The 2003 City of Kenai Comprehensive Plan identified development concerns relating to
the Kenai Spur Highway corridor.
e. This property is located on the Kenai Spur Highway.
f. The 2003 Comprehensive Plan Land Use classifies the land as Neighborhood
Commercial which provides for uses similar to the Limited Commercial zone.
g. In 2005, the Limited Commercial zone was developed to allow medium volume business,
mixed residential, and other compatible uses.
PZ10 -21 Resolution Page 2
h. Allowing the rezone to Limited Commercial would provide for commercial uses while
permitting residential use.
i. Rezoning the property to Limited Commercial is consistent with the Comprehensive
Plan.
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of Lot 3A, Karen Subdivision, Moore Addition
is hereby recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JULY 14, 2010.
CHAIRPERSON: ATTEST:
DAVIS RON
2011
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REZONING APPLICATION
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283 -7535 MX: 9
DP :0
Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning
Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE
BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE
THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS.
Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majority of the property owners in the area to
be rezoned; or, a petition bearing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by the Home Rule Charter of the City
of Kenai.
Amendments to the Official Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (I) acre (excluding street or
Intended Use and /or Reason for Rezoning: 5 ee TAci4 Vi LE TT
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Rezoning Application Page 2
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Petitioner's 3 ature
REZONING CHECKLIST:
alley right-of-way) unless the amendment enlarges an adjacent district
boundary,
A Public Notification and Hearing is required before the issuance of this
permit. A $100.00 (plus sales tax) non-refundable deposit/advertising and
administrative services fee is required to cover these notification costs.
Depending on the rezone location, an Affidavit of Posting may also be
required.
A proposed amendment to the zoning ordinance which is substantially the
same as any other proposed amendment submitted within the previous
nine (9) months and which was not approved shall not be considered.
a. MAP
b. SIGNATURES
c. DEPOSIT /ADVERTISING FEE ($100 sales tax)
d, APPLICATION FORM OR LETTER
e. AFFIDAVIT OF POSTING
Planning Zoning Co id mission June 17 2010
210 Fidalgo Avenue, Kenai, Alaska 99611
To Whom It May Concern:
The reason for this rezoning request is that when I purchased Lot 3 Karen S/D in 1984
the building on the property had been in use as a residential home since the late 1950's.
(The home was built by the Hartley family who operated Hartley motors out of the
building that is currently Gator Guns.) I purchased the property to live in the home and
eventually turned one bedroom into an office for my business Creative Builders. In 2002
I decided to construct a building for my business Creative Designers that kept with the
nature of the original home that was on Lot 3 Karen SID. I was informed at that time that
the new structure I built would become non-conforming if it was used as a residence.
In my opinion, the use of Lot 3 Karen S/D over the last 50+ years fits well with the
intent of a limited commercial zone. Approving the rezone will allow the buildings on
this property to be purchased by any number of businesses that would effectively be able
to live and work in the buildings.
I respectfully request that this petition be approved so that the zoning mosaic
of Kenai can enjoy the inclusion of two fine structures that will provide the
opportunity for a person or persons to live and work in the same place.
Thank you for your consideration,
existing
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To: Planning Zoning Commission
Date: June 25, 2010
STAFF REPORT
Res: PZ10 -23
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
General Information:
George Showalter
47004 Emery Street
Kenai, AK 99611
776 -8957
Conditional Use Permit Mobile Food Vendor
Government Lots 6 7
4300 Eagle Rock Drive
04906007
RR Rural Residential
Residential /Recreation
Rural Residential
This property has historically been used as a seasonal boat launch for the Kenai River.
The applicant is leasing the property and as part of the business plan is offering food from
a mobile food unit at the site. When the City became aware of the plan to provide this
service, the applicant was notified that the boat launch operates under a non conforming
status and any expansion of those services would require a Conditional Use Permit. An
application was immediately submitted. Because the service was already being offered,
the applicant was advised they would be able to continue offering the service until the
permit had been processed and the Planning Zoning Commission made a decision. If
the application is denied, the mobile food unit would have to be removed from the site.
The applicant has provided a description of the proposed service with an aerial photo of
the location of the unit. Also included with the application are copies of a current
business Iicense, Borough sales tax registration, ADEC Food Establishment Permit, and
lease agreement for the property.
5,0
PZ10 -23 Comments Page 2
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 (RR).
The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive
residential environment, to separate residential structures so that the rural,
open quality of the environment is preserved, and to prevent health hazards in
areas not served by public water and sewer. Uses which violate the
residential character of the environment or generate heavy traffic in
predominantly residential areas should be prohibited.
This is a 54.55 acre parcel that has a lengthy history as a commercial boat
launch /parking area for the Kenai River. The access for the launch is off
Eagle Rock Drive which is through a residential area. The site is restricted to
those individuals who pay to park and use the boat launch so additional
traffic should not result from the mobile food unit. The unit will be located
near the boat launch on the river and most customers will be from boats on
the river.
The use should not affect the integrity of the residential neighborhood.
2. The value of the adjoining property and neighborhood will not be significantly
impaired The value of the adjoining property should not be impaired.
3. The proposed use is in harmony with the Comprehensive Plan The property
is designated as Rural Residential in the Plan. Like the zoning ordinance, the
classification is intended for large -lot, single-family residential. Small, home
based businesses may be accommodated within design guidelines. The
proposed mobile food vendor couldn't be defined as a home -based business,
However, due to the location and the seasonal use, the business should be
able to be operated in harmony with the adjoining properties. Most of the
business will be conducted with customers from the river. The historical use
of this property will not change with the proposed mobile food unit.
4. Public services and facilities are adequate to serve the proposed use This is a
self contained unit. Public services and facilities are adequate to serve the
proposed use.
5. The proposed use will not be harmful to the public safety, health or welfare
The proposed use will not be harmful to public safety, health, or welfare.
PZ10 -23 Comments Page 3
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. Additional conditions are not proposed for the
use.
Building Official:
No building concerns.
RECOMMENDATIONS
This is an application for a seasonal mobile food unit. The site of the proposed vendor
has a lengthy history as a boat launch/parking facility. This is a non conforming use and
operates under the guidelines in KMC 14.20.050. The property owner leased the boat
launch to the applicant and the applicant was unaware that additional uses would require
zoning permits.
This is a large parcel with access to the Kenai River. The plan is to place the mobile food
unit near the boat launch. Boaters on the river will access the site by parking near the
launch. The use will be conducted during the fishing season and at the culmination, the
unit would be relocated and stored for the winter. Because of the limited season and the
customer base, the use should be able to be operated without adversely affecting the
neighboring property owners and should not increase traffic to the boat launch facility.
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ10 -23
2. Application
3. Drawings
KENAI PENINSULA BOROUGH PARCEL NO: 04906007
WHEREAS, the Commission finds:
2. This request is on land zoned: Rural Residential
14 lye with a Past, C# with a Fuuture /I
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -75351 Fax: 907 283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ10 -23
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: George Showalter
USE: Mobile Food Vendor
LOCATED: Government Lots 6 7 4300 Eagle Rock Drive
(Street Address/Legal Description)
1. That an application meeting the requirements of Section 14.20.150 has been submitted and received
on: June 17, 2010
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: None
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280
on: July 14, 2010.
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
MOBILE FOOD VENDOR 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, JULY 14, 2010.
CHAIRPERSON: ATTEST:
PZ10 -23 Conditional Use Permit
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5. Legal Description
I am the legal owner of the property.
Applicant
Date
1/18/2010
KENAI ALASKA
Name of Applicant
Telephone
a with a Past, City with a Future'
j r r 2` 0
1 oTel
idaigo Avenue, Kenai, Alaska 99611 -7794
hone: 907 -283 -75351 Fax: 907 283 -3014
www.ci.kenai.ak.us
PLANNING AND ZONING APPLICATION
Date °a 10
t"c Sh
1.
2. Business Name h1 e. J
3. Mailing Address 1 6
4.
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6. Property Address A P6zrr" ti i k. J t
7. City of Kenai Zoning fR i2
8. Application applying for (mark permit being applied for):
Bed Breakfast Conditional Use CUP Transfer Encroachment
Gravel Extraction Horne Occupation 7 Townsite Historic Development
Variance
1992
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.
I have paid the required fee ($100 plus 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.
sw tm3 iris v..
I certify that the information provided is accurate to the best of my knowledge.
Conditional Use Permit:
City of Kenai
The Hot Dog Hole MFU
47004 Emery St.
Kenai, Alaska 99611
Proposed Use
We respectfully request a conditional use permit for a mobile food unit to be placed
adjacent to the Boat Ramp located at Eagle Rock Boat Launch 4300 Eagle Rock Dr.
Kenai, Alaska 99611. George and Tina Showalter through Dream Alaska Inc. have a
lease agreement with the owner of the property (Virginia A. Poore) for the period June 1,
2010 to September 30, 2010. Upon completion of the aforementioned lease agreement
the MFU will be transported to 47004 Emery St. Kenai, Alaska 99611 for winter storage.
The Hot Dog Hole is a fully self contained Mobile Food Unit that is inspected and
approved by the Alaska Department of Environmental Conservation. George Showalter
is the onsite Food Manager that oversees the overall operation of the MFU(The Hot Dog
Hole). All employees will hold a current Food Worker Card. The Hot Dog Hole will be
in operation approximately 24 hours per day for the 2010 fishing season. Items to be
served will range from Hot Dogs, chips and refreshments.
owalter, Owner
)741' 2"1
Tina Showalter, Owner
Date
Date
Eagle Rock Boat Launch
Conditional Use of M hiie Food Unit
Parcel ID: 04906007
Physical Address: 4300 Eagle Rock Dr. Kenai, Alaska 99611
Legal: TSIV R 1OW SEC 6 Seward Meridian KN Govt. Lots 6 7
Owner: Virginia A. Poore
Lessee: Dream Alaska Inc. 47004 Emery St. Kenai, Alaska. 99611
Area Leased: Cabin, River Access Rd. Boat Ramp and Parking Lots.
Longitude: 151.109682
Latitude: 60.547903
B oLocation of Mobile Food Unit
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: July 8, 2010
SUBJECT: Amendment to KMC 14.20.050
"f/' /la e with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 M
Telephone: 907 283 -75351 FAX: 907 -283 -3014
1992
Administration has discovered that the code does not require non conforming structures
that are damaged or destroyed to be repaired or removed. The proposed amendment
would codify such a requirement. A public hearing has been set for the July 28, 2010
Commission meeting.
KENAI A SILK
k
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTI N NO. PZ Il O -25
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ADOPT AN AMENDMENT TO KMC SECTION 14.20.050 TO REQUIRE THAT
DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE
REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR LESS
OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A
BUILDING PERMIT WITHIN THREE (3) MONTHS FROM THE DAMAGE OR
DESTRUCTION OR REMOVE THE REMAINING STRUCTURE.
WHEREAS, the Kenai Zoning Code regulates the uses of land and types of structures
within the City; and,
WHEREAS, if a lot, structure, or use of land and /or structures legally existed prior to
the adoption of the Kenai Zoning Code, or amendments thereto, but the lot, structure,
or use no longer meets the requirements of the Kenai Zoning Code, those structures
and /or uses are permitted to continue, within certain limits, as legal nonconformities;
and,
WHEREAS, under the Kenai Zoning Code, nonconformities are allowed to continue
until the nonconformity is removed or the nonconforming use ceases, subject to
further regulation and restriction as set out under the Kenai Zoning Code; and,
WHEREAS, with respect to non conforming structures, no such structure may be
enlarged or altered in a way to increase its non conformity and, further if a structure
is destroyed by more than 50% of its replacement cost at the time of destruction, the
non conforming structure may not be reconstructed except in conformity with the
Kenai Zoning Code; and,
WHEREAS, there are several destroyed or partially destroyed structures in the City of
Kenai where the structure was, before destruction or partial destruction, a
nonconforming structure within the City but the structure has not been reconstructed
and /or the structure has been destroyed by more than 50% of the replacement cost;
and,
WHEREAS, these destroyed or partially destroyed structures are unsightly, are
injurious to neighboring properties and their values, and negatively impact the
surrounding neighborhood; and,
New Text Underlined; tDELETED TEXT BRACKETED]
WHERAS, these destroyed or partially destroyed structures also create health and
safety hazards to members of the community if allowed to persist; and,
WHEREAS, it is desirable to require that owners of destroyed or partially destroyed
structures remove the nonconforming structure, or remaining parts thereof, if the
structure is not eligible to be reconstructed or if the owner has not obtained a building
permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section R. Form: This is a Code ordinance.
Section 2.. Amendment of Section 14.20.050 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.050, is hereby amended as follows:
12.,20..050 Nonconforming lots, structures, and uses.
(a) Explanation. When a lot, structure, or use legally exists prior to the adoption of
this ordinance but does not meet the requirements of this chapter, it shall be
permitted to continue within the limits set forth in this section. Under such
circumstances it is said to have "nonconforming" status. There are three (3) types of
nonconforming status:
(1) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum
permitted in the zone in which it is located;
(2) Nonconforming Structures. The structure is designed to accommodate a
nonconforming use or fails to meet yard, coverage, height, or other development
requirements established for the zone in which it is located;
(3) Nonconforming Uses of Land and /or Structures. The use to which land and /or
structures is being put is not a principal, accessory, or conditional use permitted in
the zone in which it is located, and is not otherwise permitted in this chapter.
(b) Intent. There are lots, structures, and uses that exist and were lawful prior to
the adoption of this ordinance which would be prohibited under the terms of this
chapter or future amendments. It is the intent of this chapter to permit these
nonconformities to continue until they are removed. Such uses are declared by this
chapter to be incompatible with permitted uses in the zones involved. It is further the
intent of this chapter that nonconformities shall not be enlarged upon, expanded, nor
extended, nor be used as grounds for adding other structures or uses prohibited
elsewhere in the sarrie zone.
(c) Nonconforming Lots of Record. In any zone in which single family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a
single family dwelling and accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of the ordinance codified in this
section. Such lot must be in separate ownership and not of continuous frontage with
other lots in the same ownership. This provision shall apply even though such lot fails
to meet the requirements for area or width, or both, if the lot conforms to the
New Text Underlined; (DELETED TEXT BRACKETED]
regulation for the zone in which such lot is located. Exception to development
requirements shall be obtained only through the variance procedures established in
this chapter.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date
of adoption or amendment of the ordinance codified in this section that could not be
built under the terms of this chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such structure may be enlarged or altered in a way which increases its
nonconformity;
(2) Should such structure be partially or wholly.destroyed by any means to an
extent of more than fifty percent (50 of its replacement cost at time of destruction, it
shall not be reconstructed except in conformity with the provisions of this chapter and
the remaining structure must be removed within twelve (12) months of the date of
destruction;
(3) Should such structure be partially destroyed e y an y means to an extent of fifty
percent (50 or less of its replacement cost at the time of destruction, a building
permit may be issued to rebuild, restore, or repair the nonconforming structure within
three (3) months of the date of damage. If a permit is not issued within that time
period, the remaining structure must be removed within twelve (12) months of the
date of destruction; provided however, that if reconstruction is delayed through
litigation or other cause beyond the control of the owner, then the time of such delay
shall not be considered when computing the 3 -month period;
L[3]) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations for the zone in which it is located after it is
moved.
(e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure
and premises in combination, exists at the effective date of adoption or amendment of
the ordinance codified in this section, said use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1) No existing structures devoted to a use not permitted by this chapter in the
zone in which it is located shall be enlarged, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the zone in which it is located;
(2) Any nonconforming use may be extended throughout any part of a building
which was arranged or designed for such use at the time of adoption or amendment of
the ordinance codified in this section, but no such use shall be extended to occupy
any land outside such building where such land was not so used at the effective date
of adoption of the ordinance codified in this section;
(3) If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally appropriate or more
New Text Underlined; [DELETED TEXT BRACKETED]
appropriate to the zone than the existing nonconforming use. In permitting such
change, the Commission may require appropriate conditions and safeguards in accord
with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in or on which a non-
conforming use is superseded by a permitted use, shall thereafter conform to the
regulations for the zone in which such structure is located, and the nonconforming
use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for twelve (12) consecutive months or for
eighteen (18) months during any three (3) year period, the structure, or structure and
premises in combination, shall not thereafter be used except in conformance with the
regulations of the zone in which it is located;
(6) Where nonconforming use status applies to a structure and premises in
combination, removal, or destruction of the structure shall eliminate the
nonconforming status of the land.
(f) Nonconforming Uses of Land. Where, at the effective date of adoption or
amendment of the ordinance codified in this section, lawful use of land exists that is
made no longer permissible under the terms of the ordinance as enacted or amended,
such use may be continued, so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption or
amendment of the ordinance codified in this section;
(2) No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption or
amendment of the ordinance codified in this section;
(3) If any such nonconforming use of land ceases for any reason for a period of
more than three hundred sixty -five (365) days, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district in which such land
is located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a structure, nonconforming
use of land, or a nonconforming use of a structure and land, shall not be extended or
enlarged after passage of this ordinance by attachment of additional signs to a
building, or the placement of additional signs or display devices on the land outside of
the building, or by the addition of other uses, if such additions are of a nature which
would be prohibited generally in the zone involved except that this provision shall not
be deemed to prohibit the replacement of one sign with another of like size.
(2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid
undue hardship, nothing in this chapter shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment of the
ordinance codified in this section and upon which actual building construction has
New Text Underlined; [DELETED TEXT BRACKETED]
been diligently carried on. Actual construction is hereby defined to include the placing
of construction materials in permanent position and fastened in a permanent manner,
and demolition, elimination, and removal of an existing structure in connection with
such construction, provided that actual construction work shall be diligently carried
on until the completion of the building involved.
(3) Repairs and Maintenance. On any nonconforming structure or on any building
devoted in whole or in part to any nonconforming use, work may be done in any period
of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of
nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent
(10 of the current replacement value of the building, provided that the cubical
content of the building as it existed at the time of passage or amendment of the
ordinance codified in this section shall not be increased.
(h) Exception(s) to this Section.
(1) Outside Storage of Junk. Notwithstanding the provisions of this section, no
junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking
yard shall be maintained in a location which is visible from a City or State road in any
zone. However, the Commission may grant a conditional use permit under the
procedure specified in this chapter allowing said use to continue for a specified period
of time if:
(i) An eight foot (8') high sight obscuring fence of good appearance has been
provided around said use.
(2) The Planning and Zoning Commission may grant a conditional use permit
allowing a nonconforming use to expand, enlarge, or increase in intensity provided
that:
(i) The use may not expand beyond the site, lot, or parcel as defined by the legal
description on the certificate of occupancy for a nonconforming use, or owned or
leased by the nonconforming use as of the date it became nonconforming in the event
there is no certificate of occupancy.
Uses which are nonconforming due to the number of residential units may not
add additional units.
(iii) The proposed modification will not result in further infringement of the
provisions of this subsection; modifications shall comply with all regulations (other
than use restrictions) including, but not limited to, lot coverage, yard, height, open
space, density provisions, or parking requirements unless waived by the Commission
through a variance as provided in this chapter.
(iv) The nonconforming use must have been a permitted use in the prior zone at the
time it became a nonconforming use.
Section 3 Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
New Text Underlined; [DELETED TEXT BRACKETED]
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND
ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC
SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED
NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL
DESTRUCTION IS FIFTY PERCENT (50 OR LESS OF THE REPLACEMENT COST IN
WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN THREE (3)
MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING
STRUCTURE.
PASSED T ;3Y TI-IE PLANNING AND ZONING G COMMIISSIO N
ALASKA, July 28, 2011.0.
(�IIAIt t �PE
Y
F TIIU CITY OF KENAII,
SON: ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED)
KENAI, IMAM
0
CITY OIL KENAI
INANCE NO. -2010
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY
DESTROYED NONCONFORMING STRUCTURES BE REMOVE
PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR
COST IN WHICH EVENT THE OWNER MUST OBTAIN
THREE (3) MONTHS FROM THE DATE OF THE DA
REMOVE THE REMAINING STRUCTURE.
WHEREAS, the Kenai Zoning Code regulates the uses
within the City; and,
WHEREAS, if a lot, structure, or use of land anrt/
the adoption of the Kenai Zoning Code, or azndme
or use no longer meets the requirements ofd ie Ken
and /or uses are permitted to continue, wi
and,
WHEREAS, under the Kenai Zo
until the nonconformity is re
further regulation and restri
WHEREAS,
enlarged or
is destro
non -c
Ken
red in a
y more than
rming structure m
g Code; and,
WHEREA
Kenai where
nonconforming
and /or the struct
and,
Sponsored by: Planning Zoning Commission
New Text Underlined; [DELETED TEXT BRACKETED]
S THE
REPLACEMENT
RMIT WITHIN
TION 0
d types of structures
uctures le y existed prior to
ereto, t the lot, structure,
ode, those structures
as legal nonconformities;
'ne Code, nori "'ties are allowed to continue
`38xi
or the nonconforming use ceases, subject to
et out under the Kenai Zoning Code; and,
on -con structures, no such structure may be
increas non conformity and, further if a structure
of its ..lacement cost at the time of destruction, the
not be reconstructed except in conformity with the
destroyed or partially destroyed structures in the City of
as, before destruction or partial destruction, a
within the City but the structure has not been reconstructed
as been destroyed by more than 50% of the replacement cost;
WHEREAS, these destroyed or partially destroyed structures are unsightly, are
injurious to neighboring properties and their values, and negatively impact the
surrounding neighborhood;. and,
WHERAS, these destroyed or partially destroyed structures also create health and
safety hazards to members of the community if allowed to persist; and,
WHEREAS, it is desirable to require that owners of destroyed or partially destroyed
structures remove the nonconforming structure, or remaining parts thereof, if the
Ordinance No. -2010
Page 2 of 2
structure is not eligible to be reconstructed or if the owner has not obtained a building
permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section L Form: This is a Code ordinance.
Section 2. Amendment of Section 14.20.050 of the Kenai Municipal Q-ode: The Kenai
Municipal Code, Section 14.20.050, is hereby amended lo
12.20.050 Nonconforming lots, structures, and u
(a) Explanation. When a lot, structure, or use legal ®is prior to r, :option of
this ordinance but does not meet the requirements of m ter, it shal e
permitted to continue within the limits set forth in this sec der such
circumstances it is said to have "nonconforming" status. There e t e (3) types of
nonconforming status:
(1) Nonconforming Lots. The lot, width, or acreage mailer han the minimum
permitted in the zone in which it is located
(2) Nonconforming Structures. T
nonconforming use or fails to meet
requirements established for the z
(3) Nonconforming Uses of
structures is being put is no
the zone in w
(b) Inte
the ado
chapt
no
chapter
ere are
of this ordin
future amendme
ities to continue
compatible
ter tha
ed
intent of thi
extended, nor
elsewhere in the
tructureis designed to accommodate a
cover 'e, heist, or other development
e in whic it located;
�s r vr�
and /or Structures. The use to which land and /or
al, accessory, or conditional use permitted in
erwise permitted in this chapter.
d uses that exist and were lawful prior to
ould be prohibited under the terms of this
It is the intent of this chapter to permit these
til they are removed. Such uses are declared by this
permitted uses in the zones involved. It is further the
nconformities shall not be enlarged upon, expanded, nor
rounds for adding other structures or uses prohibited
one.
(c) Nonconfo "g Lots of Record. In any zone in which single family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a
single family dwelling and accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of the ordinance codified in this
section. Such lot must be in separate ownership and not of continuous frontage with
other lots in the same ownership. This provision shall apply even though such lot fails
to meet the requirements for area or width, or both, if the lot conforms to the
regulation for the zone in which such lot is located. Exception to development
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. y` -2010
Page 2 of 2
requirements shall be obtained only through the variance procedures established in
this chapter.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date
of adoption or amendment of the ordinance codified in this section that could not be
built under the terms of this chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such structure may be enlarged or altered in w creases its
nonconformity;
(2) Should such structure be partially or wholly do e g E by any s to
extent of more than fifty percent (50 of its replaceme t at time o
shall not be reconstructed except in conformity with t
the remaining structure must be removed within twelve (12 the of the date of
destruction;
3 Should such structure be artiall destro F cl 1 nan mean an extent of fif
issued to rebuild restore oie
conforming Uses
es in combinatio
codified in thi
subject t
tZC.nt formin
three (3) months of the date of dam
period, the remaining structure mu
date of destruction• provided how
litigation or other cause beyon
shall not be considered when
age.
na i'
removcl withi twelve (12) months of the
that if rO is delayed through
control of tle- d'iiimer, then the time of such delay
ting the 3 -month period;
(4[3]) Should su s re be m
shall thereaf e 3 a e regula
moved.
(e)
and
the
otherwise
et
air die no
or y reason for any distance whatever, it
or the zone in which it is located after it is
tructures. If a lawful use of a structure, or of structure
sts at the effective date of adoption or amendment of
ection, said use may be continued so long as it remains
e following provisions:
(1) No exist o tru yes devoted to a use not permitted by this chapter in the
zone in which it ffi a d shall be enlarged, constructed, reconstructed, moved, or
structurally altere o cept in changing the use of the structure to a use permitted in
the zone in which t is located;
(2) Any nonconforming use may be extended throughout any part of a building
which was arranged or designed for such use at the time of adoption or amendment of
the ordinance codified in this section, but no such use shall be extended to occupy
any land outside such building where such land was not so used at the effective date
of adoption of the ordinance codified in this section;
New Text Underlined; [DELETED TEXT BRACKETED(
ction, it
ions of this apter and
structure within
rnt is Of is sued within that time
Ordinance No. -2010
Page 2 of 2
(3) If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally appropriate or more
appropriate to the zone than the existing nonconforming use. In permitting such
change, the Commission may require appropriate conditions and safeguards in accord
with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in or on which a non-
conforming use is superseded by a permitted use, shall there -r co rrn to the
regulations for the zone in which such structure is locate d; =1'n nconforming
use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or sttcture d e es ina
combination, is discontinued or abandoned for twelve (12 c t r for
eighteen (18) months during any three (3) year period, t_ ors ure and
premises in combination, shall t thereafter be used gee *cture,
with the
regulations of the zone in which it is located;
(6) Where nonconforming use status applie cture an remises in
combination, removal, or ion of the ctu 1 eliminate the
nonconforming status of the land.
(f) Nonconforming Uses of Land.
amendment of the ordinance codifi
made no longer permissible under
such use may be continued, so
following provisions:
(1) No such n
occupy a gre
amendme
(2)
Pori
am
the ordin
uch nonconformi
e lot or parcel o
the ordinanc
d
e terms o
as it remai
ate of adoption or
ul use of land exists that is
ance as enacted or amended,
erwise lawful, subject to the
ing use tla be enlarged or increased, nor extended to
than w i pied at the effective date of adoption or
dified i s section;
se shall be moved in whole or in part to any other
ied by such use at the effective date of adoption or
dified in this section;
ing use of land ceases for any reason for a period of
ixty -five (365) clays, any subsequent use of such land shall
its specified by this chapter for the district in which such land
(3) If an
more than th
conform to the r
is located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a structure, nonconforming
use of land, or a nonconforming use of a structure and land, shall not be extended or
enlarged after passage of this ordinance by attachment of additional signs to a
building, or the placement of additional signs or display devices on the land outside of
the building, or by the addition of other uses, if such additions are of a nature which
New Text Underlined; [DELETED TEXT BRACKETED[
Ordinance No. -2010
Page 2 of 2
would be prohibited generally in the zone involved except that this provision shall not
be deemed to prohibit the replacement of one sign with another of like size.
(2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid
undue hardship, nothing in this chapter shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment of the
ordinance codified in this section and upon which actual building construction has
been diligently carried on. Actual construction is hereby defin to in tide the placing
of construction materials in permanent position and fast ®d i anent manner,
and demolition, elimination, and removal of an existin ctu onnection with
such construction, provided that actual construction p erk sh. •e ntly c. 'ed
on until the completion of the building involved.
(3) Repairs and Maintenance. On any nonconformin
devoted in whole or in part to any nonconforming use,
of twelve (12) consecutive months on ordinary repairs, or on
nonbearing walls, fixtures, wiring, or plumbing tq�a extent no
(10 of the current replacement value of thebuild
content of the building as it existed at the time of 'Ia., s
ordinance codified in this section shall no increase
dor
(h) Exception(s) to this Section.
(1) Outside Storage of Junk. N
junked vehicle or junk shall b
yard shall be maintained in
zone. However, the fission xri
procedure sperm 3 apter
of time if:
(i)
provi
(2)
allowing a
that:
thstandi £h provisions of this section, no
outside an d ho unenclosed junk or wrecking
which is visible from a City or State road in any
ant a conditional use permit under the
said use to continue for a specified period
t- obscuring fence of good appearance has been
g Commission may grant a conditional use permit
to expand, enlarge, or increase in intensity provided
(i) The use o expand beyond the site, lot, or parcel as defined by the legal
description on the ertificate of occupancy for a nonconforming use, or owned or
leased by the no y onforming use as of the date it became nonconforming in the event
there is no certificate of occupancy.
(ii) Uses which are nonconforming due to the number of residential units may not
add additional units.
(iii) The proposed modification will not result in further infringement of the
provisions of this subsection; modifications shall comply with all regulations (other
than use restrictions) including, but not limited to, lot coverage, yard, height, open
New Text Underlined. [DELETED TEXT BRACKETED)
ture or on uilding
or be done in any period
eplacement of
eding ten percent
rovide at the cubical
pr ,amendment of the
Ordinance No. -2010
Page 2 of 2
space, density provisions, or parking requirements unless waived by the Commission
through a variance as provided in this chapter.
(iv) The nonconforming use must have been a permitted use in the prior zone at the
time it became a nonconforming use.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this ju 'men all have been
rendered, and shall not affect or impair the validity of th e this title or
application thereof to other persons or circumstances. ity cil hereby
declares that it would have enacted the remainder of 's ordin witho t such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.070 ;j ordinance all take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF
2010.
ATTEST:
Carol L. Freas, City Clerk
,ALASKA, t day of
'El
New Text Underlined; [DELETED TEXT BRACKETED]
,MAYOR
Introduced: 2010
Adopted: 2010
Effective: 2010
ITEM A: CALL TO ORDER
ACTION AGENDA
KENAI CITY COUNCIL REGULAR MEETING
JULY 7, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: f www.ci.kenai.ak.us
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give
their time over to another speaker present, however no single speaker present may speak
for more than 30 minutes combined on their own and on others' behalf.)
*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 (Public comment limited to 10 minutes
per speaker)
1. Mary Jo Joiner /Christine Cunningham All- America City 2011
Application Status
2. Judy Doherty, State of Alaska, Department of Transportation
Kalifornsky Beach Road Pathway Project Update
3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons
may give their time over to another speaker present however no single speaker
present may speak for more than 30 minutes combined on their own and on others'
behalf.)
1. PASSED UNANIMOUSLY. Ordinance No. 2494 -2010 Amending the
Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including
23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee
Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary
Schedule.
2. PASSED UNANIMOUSLY. Ordinance No. 2495 -2010 Increasing
Estimated Revenues and Appropriations by $50,000 in the Water, Sewer
and Streets Capital Project Fund for Public Road, Water, and Sewer
Improvements.
3, AMENDED/ PASSED UNANIMOUSLY. Resolution No. 2009 -68
Supporting Actions Building and Maintaining a Sustainable community
Within the City of Kenai, and Supporting Networking with Local
Governments on the Kenai Peninsula.
(Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was
substituted and then postponed to July 7, 2010 for consideration and an
additional public hearing.)
4. AMENDED PASSED UNANIMOUSLY. Resolution No. 2010 -23
Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which
Will be on the 2010 Alaska Primary Election Ballot.
(Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution
No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.)
5. AMENDED PASSED UNANIMOUSLY. Resolution No. 2010 -40
Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms
Rental and South Beach Dumpsters 2010 for the Total Amount Up to
$43,690.00.
6. PASSED UNANIMOUSLY, Resolution No. 2010 -41 Approving the
Purchase of Two Police Vehicles Through State of Alaska Equipment
Fleet Contract Pricing at a Total Cost of $50,838.
7. PASSED UNANIMOUSLY Resolution No. 2010 -42 Declaring the
1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete,
and to Be Sold as Provided in Kenai Municipal Code 7.15.060.
8. PASSED UNANIMOUSLY. Resolution No. 2010 -43 Requesting the
Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone
Facility Bond Volume Cap to the City of Kenai for the Issuance of
Revenue Bonds to Fund the Construction of Commercial Hangars at the
City's Airport.
9. APPROVED. *Restaurant Designation Application Pizza Paradisos
(License #3032)
ITEM E: MINUTES
1. APPROVED. *Regular Meeting of June 16, 2010,
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. 2496 -2010
Adopting Updated Ownership, Zoning, and Land Use Maps for the
Comprehensive Plan for the City of Kenai.
4, INTRODUCED /CONSENT AGENDA. *Ordinance No. 2497 -2010
Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and
Specifically Addressing the Procedures for Special Meetings of the City
Council and Making Technical Corrections.
5. APPROVED. Action /Approval Special Use Permit /Kenai Chamber of
Commerce
6. WORK SESSION SCHEDULED /SEPTEMBER 28, 2010, 6P. Discussion
Credit Card Use Schedule of Fees
7. SPECIAL USE PERMIT/VOLUNTEER WAIVER RELEASES FORMS
APPROVED. Discussion Agreement/ Chugiak Baptist Organization
8. SCHEDULED /AUGUST 23, 2010, 6P. Discussion Schedule Board of
Adjustment Hearing
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. Kenai Convention Visitors Bureau
e. 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: ADDITIONAL PUBLIC COMMENT
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION None scheduled,
ITEM L; PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit
of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the
North Shore Public Beach Within the City of Kenai and Making Technical Corrections.
(At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and
subsequently postponed the public hearing to the first meeting in August, 2010 (August
4, 2010).)
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
Cindy Ecklund
PC Member
City of Seward
Term Expires 2011
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
Kasilof /Clam Gulch
Term Expires 2012
Harry Lockwood
PC Member
Ridgeway
Term Expires 2010
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2012
Linda Murphy
Parliamentarian
City of Soldotna
Term Expires 2011
Todd Petersen
PC Member
East Peninsula
Term Expires 2010
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
A. CALL TO ORDER
B. ROLL CALL
June 28, 2010 7:30 P.M.
Tentative Agenda
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
a. Fair Ridge Subdivision Part Six
KPB File 2008 -245; McLane/Fair
Location: On Forbidden Court in Soldotna
b. Kline Subdivision Addition No. 1
KPB File 2009 -079; Lobdell /Kline
Location: On Dream Avenue in Soldotna
c. J.G. Evans Tracts
KPB File 2009 -077; Church /Evans
Location: City of Homer
*2. Planning Commission Resolutions
a. Resolution SN 2010 -08; Renaming certain Public Rights -of -Way
within S19 T4S R14W in ESN 401; within S36 T5S R14W in ESN
202; within 81 T6S R14W in ESN 202 and within S6 T5N R8W in
ESN 302.
1. G Ave dedicated within KN74 -35 Kalifornsky Beach
Industrial Park, KN78 -216 JW Subdivision Addition No 1,
KN81 -152 JW Subdivision; T5N R11W S29 30 SM, AK; off
of Beluga St within the Kalifornsky community; ESN 302;
Renamed to Cultivate Ave
2. I Ave dedicated within KN1650 Heaven Scent Acres
Subdivision KN78 -216 JW Subdivision Addition No 1 as
Salmon Ave; dedicated as 1 Ave within KN74 -35 Kalifornsky
Beach Industrial Park; The Salmon Ave portions were
renamed I Ave by SN 2006 -02; T5N R11W S29 30 SM,
AK; off of Kalifornsky Beach Rd within the Kalifornsky
community; ESN 302; Renamed to Trawling Ave
3. 1st St dedicated within HM74 -1509 Hidden Hills Subdivision
Addition No 1; T5S R14W S14 15 SM, AK; off of Fox Rd
qto
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2011
Max J. Best
Planning Director
Dave Carey
Borough Mayor
*7.
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
within the Anchor Point community; ESN 401; Renamed to
Mystic St
4. 2nd St dedicated within HM74 -1509 Hidden Hills
Subdivision Addition No 1; T5S R14W S15 SM, AK; off of Up
Here Ave within the Anchor Point community; ESN 401;
Renamed to Talus St
5. F Ave dedicated within HM74 -1509 Hidden Hills Subdivision
Addition No 1; T5S R14W S14 SM, AK; off of lst Ave within
the Anchor Point community; ESN 401; Renamed to
Arcadia Ave
6. Katamar Ave dedicated within HM76 -65 Katamar
Subdivision HM85 -67 Solar Crest Estates; T6S R14W S12
T6S R13W S7 SM, AK; off of Skyline Dr and Diamond
Ridge Rd within the Diamond Ridge community; ESN 202;
Renamed to Katamar WAve and Katamar E Ave.
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.04.070) None
*5. Plat Amendment Request
a. Seldovia Townsite 2005 Replat
KPB File 2005 -078; Johnson /Jackson
Recording No. SL 2005 -1
Location: City of Seldovia
*6. Coastal Management Program None
Commissioner Excused Absences
a. Philip Bryson, City of Kenai
b. Brent Johnson, Kasilof 1 Clam Gulch
c. Harry Lockwood, Ridgeway
*8. Minutes
a. June 14, 2010 Plat Committee Minutes
b. June 14, 2010 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.)
1. Vacate a portion of the 33 -foot public right -of -way easement and utility
easement along the west boundary of Government Lot 37, west of
Kachemak Drive, as reserved in the original BLM Patent No. 1142509 in
Book 6 Page 218 of the Homer Recording District, all within Section 14,
Township 6 South, Range 13 West, Seward Meridian, Alaska, the City of
Homer and the Kenai Peninsula Borough. KPB File No. 2010 -079.
Petitioners: City of Homer and John L. Warren of Homer, Alaska. Location:
City of Homer
2. Public notice is hereby given that public hearings will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
Methods within the Kenai Peninsula Borough. Renaming rights -of -way that
have the same, or a similar sounding, name will enable 911 Emergency
Services to respond to emergencies in an efficient timely manner, thereby
avoiding delays in providing necessary emergency services.
a. Cohoe Post Office Spur dedicated within KN 89 -25 Pettifogger's
Place Subdivision; T 3N R 12W Section 11 Seward Meridian, AK; off
of Cohoe Loop Road within the Cohoe community; ESN 302;
REASON FOR CHANGE: To match existing MSAG conditions;
PROPOSED NAME: Ness Rd
b. Olson Ave dedicated within KN76 -89 Douglas Lake Subdivision
KN2003 -125 Betty Warren Estates; T7N R 11W Section 29 Seward
Meridian, AK; off of Holt Lamplight Rd within the Nikiski community;
ESN 501; REASON FOR CHANGE: One continuous road with two
different names; PROPOSED NAME: Baun Dr
3. Resolution 2010 -11; An application has been received for the modification of
an existing conditional land use permit in the Ninilchik area. The project
under consideration is KPB Tax Parcel ID 159- 041 -34; THAT PORTION
OF OLIVER SUB 2006 -91 LYING NORTH NW OF TRACT A OLIVER SUB
2, T 2S R 14W SEC 10 SEWARD MERIDIAN Applicant: Dibble Creek
Rock, Ltd. /Landowner: Cathie Downs
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. SPECIAL CONSIDERATIONS
1. Review of May 24, 2010 Plat Committee's Denial of Exception Requests
Yragui Tracts
KPB File 2010 -066 [Johnson/Yragui]
Location: On Karluk Avenue /Eastway Road, Kenai
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 5 preliminary plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
1. New Plat Committee Members (5 Members 12 Alternates)
July, August, September 2010
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
3
Advisory
Commission
Meeting Location
Date
Time
Anchor Point
Anchor Point
Chamber of Commerce
July 15, 2010
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
July 14, 2010
6:00 p.m.
Hope Sunrise
Hoe
Soc apHall
July 15, 2010
7:00 p.m.
Moose Pass
Moose Pass
Community Hall
July 14, 2010
7:00 p.m.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning Zoning Commission Minutes
May 26, 2010
June 9, 2010
FUTURE PLANNING COMMISSION MEETING
PLEASE NOTE: There is only one meeting in July.
The next regularly scheduled Planning Commission meeting will be held Monday, July 19,
2010 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre
Administration Building, 144 North Binkley, Soldotna, 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: planninqRborouah.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
4
MEMBERS:
Paulette Bokenko-
Carluccio
Seldovla City
Term Expires 2012
JoAnne Collins
Anchor Point/ Ninilchik
Term Expires 2010
Dr. Rick Foster
(June Only)
Homer City
Term Expires 2010
Mari Anne Gross
Southwest Borough
Term Expires 2010
James (sham
Sterling
Term Expires 2012
Brent Johnson
(April May Only)
Kasilof Clam Gulch
Term Expires 2012
ALTERNATES:
Todd Petersen
East Peninsula
Term Expires 2010
Jason Tauriainen
Northwest Borough
Term Expires 2011
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. June 28, 2010
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. June 14, 2010 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. Weaver Sub Henry Addition
KPB File 2010 -080 [Integrity /Henry]
Location: Off Robinson Loop Road in Sterling
2. Silver Birch Subdivision
KPB File 2010 -083 [Integrity /Parker]
Location: On Adkins Road in Sterling
3. Knackstedt Tracts
KPB File 2010 -081 [Johnson Knackstedt]
Location: On Yewell Road in Soldotna
4. Arrowhead Estates Moore Replat
KPB File 2010 -082 [Segesser /Moore]
Location: On Half Moon Avenue in Soldotna
5. Bluff Paint Subdivision Donich Addition
KPB File 2010 -084 [Imhoff /Donich]
Location: On Lookout Drive in Homer
Kachemak Bay APC
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. MISCELLANEOUS INFORMATION NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
PLEASE NOTE: There is only one meeting in July.
The next regularly scheduled Plat Committee meeting will be held Monday, July 19, 2010 in
the Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907 -714 -2215
Phone: toll free within the Borough 1- 800 -478 -4441, extension 2215
Fax: 907 -714 -2378
e -mail address: planninaCa7.borouph.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
2
STAFF REPORT
To: Planning Zoning Commission File
Date: June 23, 2010
Res: PZ10-24
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Mark Lockwood 335 -0700
Kenai Self Storage
'1345 Bridge Access Road
Kenai, AK 99611
Landscape /Site Plan Storage Yard
Lot 7A, Block 1, Bridge Road Sub. Lockwood Addn.
1345 Bridge Access Road
04901323
Heavy Industrial (IH)
Storage Yard
Industrial
General Information:
The City of Kenai has received a building permit application to add two additional
storage buildings on this site. KMC 14.25 requires a landscape /site plan for the
project. However, this is an existing industrial site and no landscaping is planned.
There is approximately 10 foot of natural vegetation along the Bridge Access Road
property line which meets the requirements for the street right -of -way landscaping.
The parking lot is gravel. Paving is not required in the Heavy Industrial zone. The
yard is fenced with an 8 -foot high chain length fence. There are landscaping
boulders along the driveway access to the property.
RECOMMENDATIONS
Because this is an existing development in a Heavy Industrial zone, no additional
landscaping will be required. However, the natural vegetation along the Bridge
Access Road must be retained. Any development or excavation in this area that
disturbs the vegetation in the 10 -foot area would require replanting to meet the
requirements of KMC 14.25.
Plan is approved as submitted with the following requirements:
1. Existing natural vegetation must be retained. Any removal of existing
Diu
PZ10 -24 Comments Page 2
vegetation will require an updated plan to provide the required 10-foot
right -of -way landscaping.
2. Snow storage must be located on the lot and cannot be placed on
required parking spaces or the snow must be removed from the site.
No snow may be stored in such a manner that would block visibility
for ingress and egress to the lot.
3. No dumpster location is identified on the site plan. If a dumpster is
placed at the site, the structure for the dumpster must be constructed
of wood or concrete. City administration may approve other
materials prior to construction.
4. If construction of the project has not started within one year of the
approval of the landscaping /site plan, the approval may be revoked by
the Administrative Official after providing at least thirty (30) Day
notice unless extended for good cause.
Review completed by:
Marilyn K. Kebschull, AICP
Planner, City of Kenai
the city of
Cdl&11k1,VLA
CJ[TY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. IFZ1O 24
LANDSCAPE/SITE PLAN PERMIT
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI
APPROVING THE ATTACHED LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING
CONDITIONS:
WHEREAS, the attached Landscaping/Site Plan Review was:
Date:
1' ecenved by Marilyn Kebschull, AICP, City Planner
o Submitted by: Mark Lockwood
o
Submitted for: Kenai Self Storage
O Property Address: 1345 Bridge Access Road
o Levi Descriptaorb: Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addn.
o
Parcel No.: 04901323
WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly
and safe development within the City commensurate with protecting the health, safety, and welfare of its
citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of
commercial and industrial areas; and,
WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in
conjunction with commercial and industrial development within the City; and,
WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion
and storm runoff, and the plan appears to meet this criteria.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION
OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITH THE
FOLLOWING REQUIREMENTS: See Page 2
Reviewed and approved:
1. Existing natural vegetation must be retained. Any removal of existing vegetation will
require an updated plan to provide the required 10 -foot right- of-way landscaping.
2. Snow storage must be located on the lot and cannot be placed on required parking spaces
or the snow must be removed from the site. No snow may be stored in such a manner
that would block visibility for ingress and egress to the lot.
3. No dumpster location is identified on the site plan. If a dumpster is placed at the site, the
structure for the dumpster must be constructed of wood or concrete. City administration
may approve other materials prior to construction.
4. If construction of the project has not started within one year of the approval of the
landscaping /site plan, the approval may be revoked by the Administrative Official after
providing at least thirty (30) Day notice unless extended for good cause.
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Amend KMC
Conditional Use Permit
Encroachment Permit
Home Occupation Permit
Landscape /Site Plan
Preliminary Plat
PZ Resolutions Second Quarter 2010
TYPE OF PERMIT Resolution TYPE
201006 Adopt Hazard Mitigation Plan 4/28/2010 Approved
201013 Update Comp Plan 6/9/2010 Approved
200930 Revocation Outside Storage Yard
201007 Guide, Cabin Rentals
201012 Professional Office
201010 Front Yard
201016 Daycare
201011 City of Kenai Library Expansion
201020 Transmission Shop
201024 Outside Storage Yard
201004 SunSet Rim SD #2
201009 Jackson Subdivision
201014 Redoubt Terrace SD Stockdale Replat
201017 Wild Rose SD TAY Add.
201018 Karen Subdivision Moore Addition No. 2
MEETING DATE ACTION
6/23/2010 Approved
4/28/2010 Failed
5/12/2010 Approved
5/12/2010 Approved
6/9/2010 Approved
4/23/2010 Approved
6/15/2010 Approved
6/23/2010 Approved
4/14/2010 Approved
4/28/2010 Approved
5/26/2010 Approved
6/9/2010 Approved
6/9/2010 Approved
1 k
Tuesday, July 06, 2010 Page 1 0,1'2
TYPE OF PERMIT Resolution TYPE
Variance
MEETING DATE ACTION
201008 Principal Structure 4/28/2010 Withdrawn
201015 Side Yard Setback 6/9/2010 Approved
Tuesday, July 06, 2010 Page 2 of 2
Building Violations
1
Debris Junk Violations
1
Junk Vehicle Debris Violations
3
Junk Vehicle Violations
1
TOTALS:
6
Civil Penalty Initiated
1
207 Birch Street
Closed Cases
6
Opened Cases
12
tineke
KENAI ALASKA
MEMO:
//Village with a Past C with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 AtIltiri..
Telephone: 907 283 -75351 FAX: 907 283 -3014 1111/
Marilyn Kebschull, Planning Administration
TO:
FROM: Nancy Carver, Planning Assistant
DATE: July 1, 2010
SUBJECT: Code Enforcement Action
2010 2nd Quarterly Report
Planning Zoning currently has six (6) active code cases:
Code Enforcement Action during the months of April T- June 2010:
Administration continues to work with individual property owners to eliminate violations
without taking formal action.
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