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HomeMy WebLinkAbout2010-08-11 Planning & Zoning Packet1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 11, 2010 - 7:00 p.m. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *July 28, 2010 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -31 — Inlet Woods Subdivision — 2010 Repiat -- A replat of Lot 14 & 15, Block 12 of Inlet Woods Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. 11 b. PZ10 -33 — Ross Street Subdivision — Located within the NE1 /4 SW 1/4 Section 6, T5N R 10 W. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 15 5. PUBLIC HEARINGS: a. PZ10 -26 — An application to rezone the property known as SE1 /4 SE1 /4 Sec. 4, T5N, R11 W S.M. (1377 Bridge Access Road) from Rural Residential to Heavy Industrial. Application submitted by Cook Inlet Natural Gas Storage, LLC, 3000 Spenard Road, Anchorage, AK 99503. 21 b. PZ10 -27 — An application for an Encroachment Permit for a 3 -foot front yard encroachment for the property known as Lot 8, Block 3, Thompson Park Subdivision No, 1 (205 Iowa Street, #A). Application submitted by Craig & Julie English, 205 Iowa Street, #A, Kenai, Alaska. 33 c. PZ10 -28 — An application for a Variance Permit for an 11.4 foot front yard setback variance for the property known as Lot 8, Block 3, Thompson Park Subdivision No. 1 (205 Iowa Street, #A). Application submitted by Craig & Julie English, 205 Iowa Street, #A, Kenai, Alaska. 41 d. PZ10 -29 — 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 Agenda August 11, 2010 Page 2 KMC Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means. 49 e. PZ06 -26 — Revocation hearing revoking Conditional Use Permit — Steve & Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging & Guide Service) — 1035 & 1045 Angler Drive (Lots 4 & 5, Angler Acres SD #3). 57 f. PZOG -27 — Revocation hearing revoking Conditional Use Permit — Steve & Rick Voth dba Captain Bligh's Beaver Creek Lodge (Cabin Rentals) —1010 Angler Drive (Lot 1, James H. Cowan Estates). 71 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council 97 b. Borough Planning 101 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" — June 25, 2010 109 b. PZ10 -30 (PZ10 -05) — Landscape /Site Plan -- O'Reilly Auto Parts — 10511 Kenai Spur Highway (Lot 1A, Sprucewood Glen Subdivision No. 10). 115 c. PZ10 -32 — Landscape /Site Plan — ACS Retail Store - -10128 Kenai Spur Highway (Lot 3, Baron Park Subdivision, 2008 Replat) 123 d. PZ10 -34 — Landscape /Site Plan — Stanley Motors — 10288 Kenai Spur Highway (Lot 2C, Baron Park Subdivision Addn. No. 9). 131 12. NEXT MEETING ATTENDANCE NOTIFICATION: August 25, 2010 a. Work Session set for 6 p.m. — KMC 3.15 - Kennels 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences 6. UNFINISHED BUSINESS: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 28, 2010 - 7:00 p.m. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *July 14, 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. (Postponed from July 14, 2010.) 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. (Postponed from July 14, 2010.) c. 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 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. 7. NEW BUSINESS: a. Amendment to KMC 3.15 --- Licensed Facilities (Kennels) — Review/Discussion. b. PZ10 -29 — 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 Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means — Discussion/Public Hearing Set for August 11, 2010. 1 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c, Administration 10, PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: August 11, 2010 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 1 -d. *Excused Absences Approved by consent agenda. CITY OF KENAI PLANNING & ZONING COMMISSION JULY 28, 2010 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: P. Bryson, K. Rogers, K. Koester, S. Romain, R. Wells, J. Twait J. Brookman City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Wells read the following addition to the agenda: ADD: 11 -a. Information Items Cook Inlet Natural Gas Storage Project ACMP 1.D. #1007 -020G Start of ACMP Review MOTION: Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 3 *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- July 14, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5 -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. (Postponed from July 14, 2010.) City Planner Kebschull reviewed the staff report included in the packet, recommending approval with the following findings: 1. The property was currently zoned General Commercial. 2. Residential use was allowed only as a secondary use in the General Commercial zone. 3. Residential use had continued on this property for over 50 years and had been compatible with surrounding commercial uses. 4. The 2003 City of Kenai Comprehensive Plan identified development concerns related to the Kenai Spur Highway corridor. 5. The property was located on the Kenai Spur Highway. 6. The 2003 Comprehensive Plan Land Use classified the land as Neighborhood Commercial which provided 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 would be consistent with the Comprehensive Plan. The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait read the rules of public hearing, and opened the meeting to public comment. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 2 4 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES Tony Doyle, 39154 Holly Avenue, Soldotna -- Applicant spoke in support of the rezone, noting there were two septic systems on the property and a new well had been installed that would service both houses. There being no one else wishing to speak, the public hearing was closed. Kebschull reported neighbors within 300 feet were notified ten days prior to the hearing. VOTE: MOTION PASSED UNANIMOUSLY. Twait noted the rezone would be forwarded to City Council for approval and there would be no appeal period. 5 -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. (Postponed from July 14, 2010.) Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met for approval: 1. The proposed use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighbor would not be significantly impaired. 3. The proposed use was in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. 5. The proposed use would not be harmful to public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant. Kebschull noted the applicant would need to apply for a Mobile Food Vendor License from the City Clerk. The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 3 5 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE: MOTION PASSED UNANIMOUSLY. Twait read the fifteen day appeal process procedure. 5 -c. 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 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. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai -- Spoke in opposition to the resolution and noted concern with confusing language and the three -month time limit. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ10 -25 and Commissioner Romain SECONDED the motion. Commissioner comments included the following: • Non - conforming structures could not be expanded. • The amendment only applied to structures. • Concern expressed with proving the 50% replacement cost. • The building official had formulas to determine replacement costs. • Concern expressed with an avenue to dispute costs. Kebschull noted the decision was appealable through the Board of Adjustment. MOTION TO AMEND: Commissioner Bryson MOVED to amend the resolution by changing references to applying for a building permit from three (3) months to twelve (12) months throughout the body of the resolution. Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 4 6 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells _ YES Twait YES Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE ON THE AMENDMENT: MOTION PASSED UNANIMOUSLY. There were no further Commissioner comments. VOTE ON THE MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 - a. Discussion /Review -- Amendment to KMC 3.15 - Licensed Facilities (Kennels) . Kebschull reviewed the drafted amendments to the code, noting neighbors within 300 feet would be notified to address the issue at a public hearing. Commissioner comments included: • Inquired if the amendment would add to the duties of the Animal Control Officers.. Kebschull reported it would not. • Inquired if there was a cost to appeal. Kebschull reported the fee was $100, but the appellant could request a waiver through the City Clerk. • Requested specific guidelines for KMC 3.15.050 -- Standards for Operating Facility. • Requested a work session and public hearing be scheduled. Kebschull noted she would schedule a work session, followed by a public hearing at a future Commission meeting. 7 - b. Discussion -- PZ10 - 29 -- 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 Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means - Public Hearing Set for August 11, 2010. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 5 7 Kebschull noted the ordinance had been introduced at the July 21, 2010 City Council meeting; the ordinance would be postponed at the August 4, 2010 Council meeting to allow the Commission to consider it; and, a public hearing was scheduled for the August 11, 2010 Commission meeting. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai -- Noted concern that "diminution of property value" would be hard to prove. There being no one else wishing to speak, the public hearing was closed. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 - a. City Council -- Council Member Molloy reviewed the action agenda items of the July 21, 2010 City Council meeting included in the packet, noting the beekeeping issue would be coming before the Commission in the future; there would be a meeting regarding the Cook Inlet Natural Gas Storage Project on August 5, 2010 at 6 :30 p.m. at the Challenger Center; and, noted nominating petitions for the City's October election would be available from the City Clerk from August 1 -16, 2010. 2010. 9 - b. Borough Planning -- Commissioner Bryson reviewed the agenda of the July 19, 2010 Borough Planning Commission meeting which was included in the packet. 9 - c. Administration -- Kebschull noted she would not be attending the August 11, 2010 Commission meeting and previewed the agenda with the commissioners, requesting questions be forwarded to Assistant to the City Planner Nancy Carver in advance of the meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED Pat Porter, Mayor -- Mayor Porter encouraged Commissioners' attendance at the Cook Inlet Natural Gas Storage Project meeting and requested Administration include the current code on nuisances in the next packet. ITEM 11: INFORMATION ITEMS -- None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 - a. August 11, 2010 Commissioner Romain noted he could be out of town and would request an excused absence as soon as he knew for sure. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 6 8 ITEM 13: COMMISSION COMMENTS & QUESTIONS Wells -- Reported the Rotary Club would begin work on the park on Marathon Road on July 29, 2010 and noted the "Three Fundamentals of Conditional Use" article in The Commissioner magazine looked useful. ITEM 14: MOTION: ADJOURNMENT Commissioner Wells MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:27 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 7 9 To: Planning & Zoning Commission Date: July 23, 2010 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS ATTACHMENTS: 1. Resolution No. PZ10 -31 2. Preliminary Plat STAFF REPORT Integrity Surveys 262 -5573 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 11 Res: PZ10 -31 Preliminary Subdivision Plat — Inlet Woods Subdivision — 2010 Replat A replat of Lot 14 and 15, Block Twelve of Inlet Woods Subdivision 1424 & 1426 Equinox Way 04101122 & 04101121 Suburban Residential (RS) Vacant Neighborhood Residential This plat combines two lots into one large lot. The resulting lot is approximately 26,143 square feet and exceeds the minimum lot size for the Suburban Residential zone. The property is located at the corner of Backwood Avenue and Equinox Way which are paved streets. City water and sewer is available to the property. An installation agreement is not required. RECOMMENDATIONS This subdivision combines two lots into one large lot. The subdivision meets the development requirements for the Suburban Residential zone. An installation agreement is not required. Recommend approval with no contingencies. thc eiyof KENAI ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -31 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat INLET WOODS 2010 REPLAT was referred to the City of Kenai Planning and Zoning Commission on July 23, 2010, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission fmds: 1. Plat area is zoned Suburban Residential — RS and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not 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. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a . NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES INLET WOODS 2010 REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 11, 2010. CHAIRPERSON: ATTEST: 12 L NORTH 1) Development of these Iola ere sub)ect to the Ctty of Keno's zoning regulotlwa- 2)Resbiative cob that may affect the derelepmert of this lot a o recorded in Book 0268 Page 636 KRD_ 3) Per the parent plat. 10 feet clouting eaci side of all R0W's Is dedicated as an easement for underground utfl0es. No permanent structure shag be canetrucad or pieced eithn o Milky easement which would 'Interfere with the ability of a Utility to use the easement 4) WASIFIYATFR O1SPOSAJ • Pans for wastewater disposal, that meet regulatory requirement, are an 190 et the Al Oebm Department of FinBenmentd Coneeaitkn. LEGEND MONUMENT OF REC11R0 O 1/2 REBAR OF RECORD • 84-279 KRD Unsullocr dad rid Hang Estates Mese 1 RECORD PER INLET 190005 SJ®MSO11 PART CONE CERTIFICATR_OF SORTVEYOR I hereby certify that I on propelly registered end Horsed to practice lend eunenthe in the State of Aimee, this plat represent o surrey mode by me or ender my direct supervision, the nhaxenem6 Moen hereon actually east as deaibed, end all dimensions and other details are correct to the named etnndo•de of prae}ks of 1014 summers k1 the Stake of Abel= ��d0�0�a� ILA 0189 9a67) Wet Lc 1 OoII t ['k Russ Goon le A4k te ... (Se9'58'54 €) (997.26) i,1 Block 12 Nat i "•lco in i sei Fieigat Backwood Avenue rLo8 14 • Mod 1Z m 60' ROW AUTHCee RECORDED REc. DIST. DATE 20 111E —M REOUESTED BY: PI1Ed6TY SURVEYS 1NC. 43335 K -BEACH R0 SUITE 10 SOIDOINA. NC 99869 CERTIFICA7R OF OWNJPRSEIP AND DROI(.ATION I HEREBY CERTIFY THAT 1 Ay THE ORtIEA OF SHE REAL PROPERTY Sl0IM AND DESCRIBED IERERl MD THAT 1 HEREBY ADOPT TIM PLAN OF SUBDIVISION AND BY MY FREE COIOSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUFSJC LLS: AND 6tANT ALL EASEMENTS TO THE USE SHOWN. Q JNT D. HALL PO BOX 2829 KENAI, AK 99611 JPOTARYS ACRNONI. DOAfn'NT F04 SUBSCRIBED Alm SNOf3N BEFOR7E ME THI5 DAY OF 2D10 NOTARY PUBLIC FOR ALA3CA MY COMMISSION EXPIRES PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PDSPISTJLA BOROUGH PLANNING COMMISSION AT THE MEETING CF MIN PENINSULA BOROUGH OFFICIAL KPS FILE N . INLET W d A � A replat of tat 14 and 15 Dock Mere of blot Woods Subdivision Port One (Plot No 84-279 KRD) Located wlthk the 5771/4 of sees. 30. 10611, 101W, 5ewot N erfdlol. City of Kepi, Kepi Racadig District, Kemal Penineuk Bawy,. Alaska. Centaldng 26.143 S. Ft. / 0.800 Apes INTEGRITY SLuRVEYS, INC. 43335 K -Beath Rd. S 10 Soldoto. AX 99689 FHOE - (2071 202 -5573 A.AlOETTS FAX — OA* 202-357* .10e NQ 2101313 3LONEVER N/A Flail alt N/A DR7.1Ir! 2a. My. 2010 SN 000.9: 1' - 3a' XIX= MAW 32 y W STAFF REPORT To: Planning & Zoning Commission Date: July 26, 2010 Res: PZ10 -33 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Segesser Surveys 30485 Rosland Street Soldotna, AK 99669 262 -3909 Preliminary Subdivision Plat — Ross Street Subdivision Located within the NE1 /4 SW1 /4 Section 6, T5N R 10 W 5040 Kenai Spur Highway 04906077 LC — Limited Commercial Vacant Neighborhood Commercial This is a nine acre parcel being subdivided into six lots. The properties are zoned Limited Commercial. The minimum lot size for the Limited Commercial zone is 12,500 square feet, All five lots exceed the minimum lot size requirement for the zone. Subdivision will be served with on -site water and septic and systems must be developed to Alaska Department of Environmental Conservation requirements. Five of the parcels will be accessed from the Kenai Spur Highway onto an unnamed, undeveloped cul -de -sac. Lot six will be access via Ross Street which is a developed right-of-way. The plat dedicates a fifty -foot (50') right of way to accommodate the existing Ross Street. The dedicated, undeveloped cul -de -sac must be built to City of Kenai development standards. The City will require an installation agreement for development of this street and the street must be built and accepted by the City prior to recording the final plat. Kenai Municipal Code 14,10.080(b)(2) provides alternatives to completion of the improvements prior to recording of the final plat. At a minimum the following improvements will be required for subdivision of this property: 1. Street and drainage plans must be designed and stamped by an engineer licensed in the State of Alaska. The City of Kenai uses the Municipality of Anchorage Standard Specifications, 2. Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. 15 PZIO-33 Comments Page 2 3. Street will require a minimum 24 -foot paved surface, with 2 -foot shoulders and approved excavation and backfill. 4. Signage including a stop sign, street sign, and "No Outlet" signs will be required. S. Back slopes must be top soiled and seeded. 6. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. As -built drawings must be submitted to the City of Kenai in both paper and digital format (pdf &AutoCAD). Public Works Director: Prior to recording final plat, the developer must meet with the City to finalize the installation agreement. No construction of the required improvements shall be started until the agreement is signed by all parties and plans for the improvements have been reviewed and approved by the City. RECOMMENDATIONS Recommend approval with the following requirements: a. Plat note 4 should be removed. Development on lots that do not meet the minimum lot width of 90 feet may be restricted as setbacks are measured from lot where minimum lot width meets minimum lot width. b. An installation agreement must be formalized with the City of Kenai addressing the minimum improvements listed below. However, the final agreement may include additional requirements determined as the plan is reviewed. • Street and drainage plans must be designed and stamped by an engineer licensed in the State of Alaska. • Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. • Street will require a minimum 24 -foot paved surface, with 2 -foot shoulders and approved excavation and backfill. • Signage including a stop sign, street sign, and "No Outlet" signs will be required. • Back slopes must be top soiled and seeded. • After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. As- built drawings must be submitted to the City of Kenai in both paper and digital format (pdf &AutoCAD). c. Plat should not be recorded until the City of Kenai has signed off on the minimum improvements for the subdivision. d. ADEC approval for on -site water and septic systems serving the subdivision. ATTACHMENTS: 1. Resolution No. PZ10 -33 2. Preliminary Plat 16 the uiyaf KENAI ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -33 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Ross Street Subdivision was referred to the City of Kenai Planning and Zoning Commission on July 26, 2010, and received from Segesser Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned LC — Limited Commercial and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not 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 required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. a. Street name for new cul -de -sac to be determined. 9. CONTINGENCIES: a. Plat note 4 should be removed. Development on lots that do not meet the minimum lot width of 90 feet may be restricted as setbacks are measured from lot where minimum lot width meets minimum lot width. b. An installation agreement must be formalized with the City of Kenai. Improvements may include the following. A final decision of the requirements will be determined when the Installation Agreement is formalized. Street and drainage plans must be designed and stamped by an engineer licensed in the State of Alaska. • Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. • Street will require a minimum 24 -foot paved surface, with 2 -foot shoulders and approved excavation and backfill. 17 • Signage including a stop sign, street sign, and "No Outlet" signs will be required. • Back slopes must be top soiled and seeded. • After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. As- built drawings must be submitted to the City of Kenai in both paper and digital format (pdf &AutoCAD). c. Plat should not be recorded until the City of Kenai has signed off on the minimum improvements for the subdivision. d. ADEC approval for on -site water and septic systems serving the subdivision. 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SEGESSER SURVEYS 30485 Rowland St Soldotna, AK 90889 403 NO. 05E60 214014 7 -76-17 FIEND 0004 SCALe r.00r 9110. 1041 STAFF REPORT To: Planning & Zoning Commission Date: July 14, 2010 Res: PZ10 -26 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Cook Inlet Natural Gas Storage, LLC 3000 Spenard Road Anchorage, AK 99503 Rezone — Rural Residential to Heavy Industrial SEA /4 SEA /4 Section 4, Township 5 North, Range 11 West S.M. 1377 Bridge Access Road 04901311 Rural Residential Undeveloped Conservation — Open Space 907 -334 -7743 General Information: This is an application to rezone a 40 -acre parcel located off Beaver Loop Road directly behind Kenai Self Storage. The request is to rezone the property from Rural Residential to Heavy Industrial. 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 requested rezone meets the requirements for an amendment. The application is being submitted by the Cook Inlet Natural Gas Storage, LLC (CINGS) which recently acquired the property from the University of Alaska. The application includes a letter describing the organization's plan to construct a new natural gas storage facility. Gas manufacturing and/or storage is not permitted in the Rural Residential zone. The rezone to Heavy Industrial would allow the firm to pursue a Conditional Use Permit to develop the facility on this site. This property is designated Conservation /Open Space in the Comprehensive Plan. Conservation is defined as, "The Conservation district applies to public lands whose primary use is open space, recreation, fish and wildlife habitat, drainage ways, flood plain, and 21 PZ10 -26 Comments Page 2 wetlands. Some public improvements may be appropriate with appropriate design guidelines." Open space is not defined. With the sale of the property from the University to CINGS, the land is no longer public land. This parcel abuts lands to the west zoned Heavy Industrial and lands to the north, south and east zoned Rural residential. The parcels to the north and east are owned by the City of Kenai and consist primarily of wetlands. Areas along Bridge Access Road are developed with a variety of commercial /industrial uses. In close proximity, along Beaver Loop Road, there are a number of gravel pits operated under Conditional Use Permits. Kenai Municipal Code defines the Heavy Industrial (IH) zone as, "The IH Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance." RECOMMENDATIONS This is a request to rezone 40 acres of property from Rural Residential to Heavy Industrial. The proposed rezone meets the requirement for an amendment under KMC 14.20.270. The property is surrounded by two sides by City of Kenai property. The City's property is primarily wetlands and may never be developed. To the west, there is a mini storage facility and other undeveloped properties zoned Heavy Industrial. The property to the south is privately owned and undeveloped. The 2003 City of Kenai Comprehensive Plan explains that the Plan analyzes land use, but does not regulate it. Further, that regulation is the task of zoning. The Plan goes on to state that the proposed land use maps are a "generalized vision of a desirable pattern of land uses." In the Industrial Land Use section, the Plan discusses the opportunities and challenges associated with industrial land use in the City. At the time the Plan was written, there was a belief that there may be a surplus of industrial zoned lands. However, under the Industrial Land Use Development Policies (IN), the first policy recognized that lands may be rezoned for industrial uses and provided guidelines for considering when rezoning lands for industrial uses'. The guidelines are: Industrial Land Use Development Policy 1: When designating (zoning) land for industrial land uses the following factors shall be considered: • The use has adequate access to a collector or arterial level street. • The use has adequate access to city services. • Potential conflicts with adjacent non - industrial uses have been minimized through site design. • Potential hazards from the proposed industrial use have been minimized. This property had adequate access via Beaver Loop Road. During development, Van Antwerp Avenue may also be developed to provide a secondary access. The use has adequate access to city services. City water was recently extended to this area. Police and Fire Departments are adequate to provide service to the site. The potential conflicts and hazards will be reviewed and mitigated when the Conditional Use Permit application is reviewed. 22 7/9/04 PZ 10 -26 Comments The request to rezone the property to Heavy Industrial appears to conform to the Comprehensive Plan. The rezone also appears consistent with the intent of the Heavy Industrial zone. Recommend approval with the following suggested findings: 1. The property is currently zoned Rural Residential. 2. The property is classified in the Comprehensive Space. 3. Conservation /Open Space is defined as public lands in the Comprehensive Plan. 4. The property is privately owned and no longer meets the definition for Conservation /Open Space as defined in the Comprehensive Plan. 5. An application to rezone the property to Heavy Industrial has been received. 6. The application meets the requirements for an amendment as defined under KMC 1 4.20. 270. 7. Rezoning the property to Heavy Industrial will expand an adjacent boundary. 8. Rezoning to Heavy Industrial conforms to the Comprehensive Plan. ATTACHMENTS: 1. Resolution No. PZ10 -26 2. Application 3. Map 1 City of Kenai Comprehensive Plan, Page 38. 23 Plan as Page 3 Conservation /Open 7/9/04 NAME: Cook Inlet Natural Gas Storage, LLC PARCEL #: 04901311 "V `lla e with a Past, C# with a Fistrsre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 -283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -26 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY ADDRESS: 3000 Spenard Road, Anchorage, AK 99503 LEGAL: SE '/ SE % Sec. 4, T5N, R11W S.M. (1377 Bridge Access Road) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential 2. The present land use plan designation is Conservation — Open Space 3. The proposed zoning district is Heavy Industrial 4. An appropriate public hearing as required was conducted August 11, 2010 5. That the following additional facts have been found to exist: See Page 2. 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 the SE 1/4 SE '/ Sec. 4, T5N, R11W S.M. (1377 Bridge Access Road), Kenai Peninsula Borough Parcel #04901311 is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 11, 2010. CHAIRPERSON: ATTEST: 24 11 PZ10 -26 Resolution Page 2 Additional Facts: 1. The property is currently zoned Rural Residential. 2. The property is classified in the Comprehensive Plan as Conservation /Open Space. 3. Conservation /Open Space is defined as public lands in the Comprehensive Plan. 4. The property is privately owned and no longer meets the definition for Conservation /Open Space as defined in the Comprehensive Plan. 5. An application to rezone the property to Heavy Industrial has been received. 6. The application meets the requirements for an amendment as defined under KMC 14.20. 270. 7. Rezoning the property to Heavy Industrial will expand an adjacent boundary. 8. Rezoning to Heavy Industrial conforms to the Comprehensive Plan. 25 FREORICRSO KENAI CITY MARATHON 0 'REORtCKSC N FREDRICKSO PORT OF KE (ENAI CITY LENAI CITY _1ZOV SPIF CHILOS PET LAZOV SPIR CROFT LANR LAZOV SF RCROFT LAM 11 3 R INVE CR]FT L WR PZ10 -26 - Proposed Rezone KENAI CITY ALASKA STA REESE TOM 26 L WIS RI KENAI CITY KENAI CITY GOOK INLET DENNIS MAR KENAI CITY WRIG H SHA WRIGHT SHA PZ10-26 - Proposed Rezone t Existing Zoning Conservation General Commercial Rural Residential Suburban Residential 2 Limited Commercial Licht industrial Rural Residential 1 M Urban Residential Central Mixed Use Heavy Industrial > e Suburban Residential Flistoric Townsite Central Commercial; x ? Recreation ;e Suburban Residential 1 Education l e i o ea k _- y qs i t :_ t _ 27 the 4 KENAI,, ALASKA s/ REZONING APPLICATFS N 29 Intended Use and /or Reason for Rezon See attached submittal letter. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLA KS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE TH -Y 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 (1) acre (excluding street or 'Village with a Past a with a Future ° 210 Fidalga Avenue, Kenai, Alaska 99611-7794 . Telephone: 907 - 283-7535 / FAX: 907-283-3044 k OF 11Z. C> Rene ived ±J!. 1 3 MD 1992 Cook Inlet Natural Gas Storage, LLC ADDRESS 3000 Spenard Road, Anchorage, Alaska 99503 PRONE (907) 334 -7743 LEGAL DESCRIPTION Sh 1 /4 SE 1 /4 Sec. 4, T5N, RI IW S.M.; Tax ID 04901311 PRESENT ZONE Rural Residential PROPOSED ZONE Heavy Industrial the 4 KENAI,, ALASKA s/ REZONING APPLICATFS N 29 Intended Use and /or Reason for Rezon See attached submittal letter. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLA KS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE TH -Y 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 (1) acre (excluding street or 'Village with a Past a with a Future ° 210 Fidalga Avenue, Kenai, Alaska 99611-7794 . Telephone: 907 - 283-7535 / FAX: 907-283-3044 k OF 11Z. C> Rene ived ±J!. 1 3 MD 1992 Rezoning. Application Page 2 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. Petitioner's Signature a. MAP V b. SIGNATURES c. DEPOSIT /ADVERTISING FEE ($100 + sales tax) / d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 30 ENSTA Natural Gas Company July 8, 2010 Ms. Marilyn K. Kebschull, AICP Planner City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Ms. Kebschull, ENSTAR Natural Gas Company P.O. Box 190288 Anchorage, AK 99519 -0288 (907) 277-5551 Cook Inlet Natural Gas Storage, LLC (CINGS) hereby submits the rezoning application for the property known as SE1 /4 SE1 /4 Section 4, Township 5 North, Range 11 West, Seward Meridian, also identified as Kenai Peninsula Borough Parcel No. 04901311. CINGS proposes to construct a new natural gas storage facility in Kenai, Alaska. The project would convert a nearly depleted natural gas production reservoir into and open - access natural gas storage reservoir and facility, receiving gas from and deliver it to a connection with the existing Marathon Oil Company Kenai Nikiski Pipeline (Marathon KNPL). The project includes a compression/gas conditioning facility on Parcel No. 04901311. This property is approximately 40 acres, and is currently zoned Rural Residential and will require a rezoning to Heavy Industrial, to allow for gas manufacture and /or storage use. The parcel is located immediately adjacent to existing Heavy Industrial zoned property. The proposed compression/gas conditioning facility will include: • Compressors, metering and separation equipment, dehydration system, emergency generator, • coolers, piping, valves storage tanks, process controls, and other ancillary features. • Five buildings to house process equipment and operating personnel: • Compressor Building — 70 feet x 100 feet x 28 feet; O Auxiliary Building — 50 feet x 90 feet x 20 feet; • Gas Meter Building — 20 feet x 80 feet x 14 feet; • Glycol Regeneration Building — 24 feet x 56 feet x 20 feet; and • Office /Shop /Control Building — 40 feet x 120 feet x 14 feet. • Parking aprons at each building; and • Miscellaneous equipment enclosures. 31 If you have any questions, please do not hesitate to contact me at the address listed on this letterhead, by telephone at 907- 334 -7659, or by email at colleen .starring @enstamaturalgas.corn. You may direct any technical questions regarding this application to Mr. Tom Arminski, Manager, Right of Way and Permitting at 907 -334 -7743, or by email at tom .arminski @enstarnaturalgas.com. Sincerely, Cook Inlet Natural Gas Storage, LLC "); / M. Colleen Starring Enclosures: KPB Rezoning Application Filing Fee 32 To: Planning & Zoning Commission Date: July 19, 2010 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS STAFF REPORT Craig and Julie English 205 Iowa Street, #A Kenai, AK 99611 Encroachment Permit — Front Yard Setbacks Lot 8, Block 3 Thompson Park Subdivision No. 1 205 Iowa Street, #A 04913024 RR — Rural Residential Residential - Duplex Neighborhood Residential General Information: This is an application for an Encroachment Permit. The structure is located on a comer lot at the comer of Iowa Street and Primrose Place. This property is located in the Rural Residential zone. Required building setbacks are 25 feet front, 15 feet side, and 20 foot rear. Corner lots require two 25 -foot front setbacks. According to Kenai Peninsula Borough assessing records, this building was constructed in 1968. The structure is considered non - conforming under KMC 14.20.050 (d). Non- conforming structures may continue but may not be enlarged or altered in such a way that increases the non - conformity. The applicants would like to construct an addition to the structure. Because the applicant wants to construct an addition to the residence, the encroachment permit is required. The structure is 22 feet from the property line facing Primrose Place and 12.3 feet from the side yard. This structure encroaches 3 feet into the front yard setback and 2.7 feet into the side yard. KMC 14.20.185 details the definition, intent, and permit application process for 33 Res: PZ10 -27 283 -0716 PZ10 -27 — Comments Page 2 Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement. The encroachment does not encroach into a right -of- way or utility easement. 2. 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. This is a duplex (residential use) which is a permitted use in the district. 3. The encroachment is not located across a platted lot line. The encroachment does not cross the lot line. Building Official: No building code issues. RECOMMENDATIONS Applicants are seeking an Encroachment Permit for the front and side yard setbacks. The application meets the criteria required in KMC 14.20.185. This house was built in 1968 and does not meet the required 25 -foot front yard setback on Primrose Place. The structure also encroaches into the 15 -foot side yard setback. The structure is considered non - conforming under KMC 14.20.050 (d) and may continue but may not be enlarged. Applicants would like to build an addition on the structure and cannot receive a building permit without obtaining the Encroachment Permit. This house has existed for 42 years. Approving the encroachments will not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ10 -27 2. Application 3. As -built Survey 34 the cifyo�' KENAI, CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -27 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Craig and Julie English USE: Front -yard encroachment — 3 Feet & Side Yard Encroachment — 2.7 Feet LOCATED: Lot 8, Block 3, Thompson Park Subdivision No. 1 — 205 Iowa Street (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04913024 WHEREAS, the Commission fmds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: July 15, 2010 2. This request is on land zoned: RR -- Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right -of- way or utility easement. c. 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. d. The encroachment is not located across a platted lot line 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: August 11, 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 DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, August 11, 2010. CHAIRPERSON: ATTEST: 35 KRAL HARRI SCHAFFNER =ORE GLENN O PEDGINSKI O N N .RAL HARRI N `M URPHY KAT PZ10 -27 Encroachment - Front Yard Setback PZ10 -28 Variance - Front Yard Setback W 0 2 Z W W 3710 FISHER JAM KENAI CITY KRAL HARRI LO N q n h BIBLE SCOT KAISER KAR COCHRAN PH WALLINGFOR 3720 FOLKS JAME BAKER RICH 200 THOMPSON P ANDREE KO/ 0 DUGGINSCE 0 N SOLIZ GEOR WALLINGFOR L Q N WALLINGFOR a N WALLINGFOR N 3730 ALLEN RUSS KENAI CITY 3740 u) 0 ROUTH EDWA 01 N In 3810 NORTH PHIL KENAI CLTY ENGLISH CR MARTIN BET WALLINGFOR KAUFFMAN 3820 SCHNEIDER 36 3830 SCHNEIDER 3820 COLETTI CR FRATES JAM RACKLEY BI RICKMAN ST WILDROSE AVE 0 M N 01 N 3840 PAYERS KEVI KENAI CITY TOGIA 10 N (V 3910 RIBELIN JA THOMPSON R THOMPSON R BALKE RUSS CRAWFORD H PRIMROSE PL 3910 CHAMBERSA SMITH CARM OLESON CAR ELDER BLAI ANDERSON M 392( MOFFIS LIN ROBERTS BR MACK VIOLE MACK VIOLE PASSE BRUC 3920 WAGAMAN DE WAGAMAN AR GROVE JOHN GROVE JOHN THOMPSON P THOMPSON P 3810 BAKER RICH 3820 JOHNSON PE in r TILLY MICH ANDERSON S O CV r MAREYALAD RONEYDEAN 0 Lo M Y HOBBS STEV SWARTZ SUS 0 0 T DAGGETT RO 3805 GEORGE KEL 3815 KRAL HARRI SCHAFFNER =ORE GLENN O PEDGINSKI O N N .RAL HARRI N `M URPHY KAT PZ10 -27 Encroachment - Front Yard Setback PZ10 -28 Variance - Front Yard Setback W 0 2 Z W W 3710 FISHER JAM KENAI CITY KRAL HARRI LO N q n h BIBLE SCOT KAISER KAR COCHRAN PH WALLINGFOR 3720 FOLKS JAME BAKER RICH 200 THOMPSON P ANDREE KO/ 0 DUGGINSCE 0 N SOLIZ GEOR WALLINGFOR L Q N WALLINGFOR a N WALLINGFOR N 3730 ALLEN RUSS KENAI CITY 3740 u) 0 ROUTH EDWA 01 N In 3810 NORTH PHIL KENAI CLTY ENGLISH CR MARTIN BET WALLINGFOR KAUFFMAN 3820 SCHNEIDER 36 3830 SCHNEIDER 3820 COLETTI CR FRATES JAM RACKLEY BI RICKMAN ST WILDROSE AVE 0 M N 01 N 3840 PAYERS KEVI KENAI CITY TOGIA 10 N (V 3910 RIBELIN JA THOMPSON R THOMPSON R BALKE RUSS CRAWFORD H PRIMROSE PL 3910 CHAMBERSA SMITH CARM OLESON CAR ELDER BLAI ANDERSON M 392( MOFFIS LIN ROBERTS BR MACK VIOLE MACK VIOLE PASSE BRUC 3920 WAGAMAN DE WAGAMAN AR GROVE JOHN GROVE JOHN THOMPSON P THOMPSON P 1. 2. 3. 4. 5. Legal Description L. Property Address .5r'r i�.Ly e-- City of Kenai Zoning I am the legal owner of the property. ®.'" I have paid the required fee ($100 plus sales tax). I certify that the information provided is ac Date 1/18/2010 "Village with a Past, G# with a Future 907-283-3014 Tr 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907.283 -75351 Fax: www.ci.kenai.ak.us PLANNING AND ZONING APPLICATION Date jaYif Name of Applicant CC'Cl3 °s- a` 4 e Business Name Mailing Address 5`' 1131,-)N ) Ke c a i A \< Telephone -(...3 -A Email Address e ,%\ f 1CTt < < 0 c ) . KPB Parcel No. 6. 7. 8. Application applying for (mark permit being applied for): 0 Bed & Breakfast ❑ Conditional Use J CUP — Transfer Encroachment 0 Gravel Extraction ❑ Home Occupation J Townsite Historic Development ❑ Variance R . 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.a I am not the legal owner of the property; however, I have attached verification by the owner oft 2010 property that I have permission to apply for the permit. Attach a detailed description of the proposed use. Review the applicable section of the Kenai Munic iiiir Code and include all information required by code for the type of application. Incoxpp1 to applications will not be accepted. 37 199) Craig 205 Dowa St Kenai, Ali 99611 283-0716 Julie English To the Planning and Zoning Department We are requesting a Variance on our property in order to build a 12' addition to our home, we currently have 22' from the existing house to the property line we are asking to add 12' to our home in order to add two bed rooms, this would leave 13' 6" from the property line and 32' from the shoulder of Primrose street. if this was not a corner lot i believe we would only be encroaching 1' V. We have looked into building off the w the house but there is the old septic system on one side and we currently have 12' 3" from the property line on the other side of the house. After talking with our Contractor we believe this is our best option. Thank you for considering our request. 38 F /oo 40 \ 'y • Yf_ -r , 'ail - jri �Trtl. 0,1W " To: Planning & Zoning Commission Date: July 19, 2010 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS STAFF REPORT Craig and Julie English 205 Iowa Street, #A Kenai, AK 99611 Variance – Front Setback –11.4 Feet Lot 8, Block 3 Thompson Park Subdivision No. 1 205 Iowa Street, #A 04913024 RR – Rural Residential Residential - Duplex Neighborhood Residential Res: PZ10 -28 283 -0716 General Information: Applicants propose to build a 12 by 24 foot addition onto the side of their residence. The addition would be used for two additional bedrooms. The proposed addition would extend into the front setback. The structure is located on the corner lot of Iowa Street and Primrose Place. Corner lots require two 25 -foot front setbacks. The applicant has provided a sketch that estimates the addition extending approximately 11.4 feet from the property line facing Primrose Place. This is an application for a 11.4 foot front yard setback variance. This house is located in the RR —Rural Residential zone. The as -built provided is from 1969, and shows the structure was built into the setback. If this was not a corner lot, a 15 foot side yard setback would be required. A building permit cannot be located for this structure. The structure is considered non - conforming under KMC 14.20.050 (d). KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. This house was built in 1968 without consideration for 41 10 -28 — Comments Page 2 future additions. This is a corner lot which requires two front setbacks further limiting development. This subdivision was developed prior to the City water and sewer being available. The site is also restricted by an abandoned septic system. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The applicants did not build the house and have considered various options for the addition. However, due to the abandoned septic system, the only reasonable option is to build onto the structure on the Primrose Place side which will create a further encroachment into the front yard setback. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Residential use is a permitted use in the zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. Applicant has stated that in order to build a room large enough for the proposed use that will accommodate two bedrooms they believe the requested variance is minimal. It does appear a reasonable request within the constraints of the development. 5. The granting of a variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. Variance is not based on other non - conforming land or uses. Building Official: No building code issues. RECOMMENDATIONS The owners of this property would like to build an addition to accommodate their family's needs. The original structure was built in 1968 prior to the City assuming zoning powers in 1984. The building permit has not been located for this property. The zoning code in 1963 listed the setbacks for the Rural Residential zone as they exist today. In 1995, the City of Kenai extended water and sewer to this subdivision. The property's well and septic were abandoned and the property is now served with City water and sewer. However, the abandoned septic system constrains development to the rear of the building. The structure already encroaches into the front yard setback. Allowing the addition onto the existing structure will increase the encroachment; however, because the encroachment is along a right -of -way, granting the variance should not adversely affect the neighboring properties. The addition will not create an unsafe situation for drivers along Primrose Place. Providing a variance to allow the construction appears reasonable. Recommend approval contingent upon the Commission's approval of Encroachment Permit PZ10 -27. ATTACHMENTS: 1. Resolution No. PZ10 -28 2. Application 3. Drawings 42 CITY OF KENAI PLANNING AND ZONING COMMISSION the t.#g // RESOLUTION NO. PZ10- -28 KEHA SKA VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14,20.180 OF THE KENAI ZONING CODE: NAME: Craig and Julie English LOCATED: 205 Iowa Street - Lot 8, Block 3 Thompson Park Subdivision No. 1 Street Address/Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code maybe granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: July 15, 2010 2. This request is located on land zoned: RR -- Rural Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and /or structure. e. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: August 11, 2010 6. Applicant must comply with all Federal, State, and local regulations. 7. Applicant must meet the following special conditions: • Encroachment Permit PZ10 -27 must be approved. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE WITH THE FOLLOWING STIPULATION: PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, August 11, 2010. CHAIRPERSON: ATTEST: 43 l SCHAFFNER 0 =ORE GLENN 0 PEDGINSSKI 0 (RAL HARR 0 N PZ10 -27 Encroachment - Front Yard Setback PZ10 -28 Variance - Front Yard Setback KRALHARRI KRAL HARRI 3710 FISHER JAM KENAI CITY 3720 FOLKS JAME BAKER RICH 3730 ALLEN RUSS 200 KENAI CITY ry BIBLE SCOT COCHRAN PH WALLINGFOR 2 05 THOMPSON P ANDREE KEV N KAISER KAR DUGGINS CE 0 Cr) SOLIZGEOR 0 WALLINGFOR 0 N WALLINGFOR N WALLINGFOR O N 3740 ROUTH EDWA WILDROSE AVE 3810 NORTH PHIL KENAI CITY ENGLISH CR MARTIN BET WALLINGFOR KAUFFMANJ 3620 SCHNEIDER 44 3830 SCHNEIDER 3820 COLETTI CR FRATES JAM RACKLEY BI N 0 RICKMAN ST 0 3840 0 m N MYERS KEVI KENAI CITY TOGI u7 N 3910 RIBELIN JA THOMPSONR THOMPSON R BAKKE RUSS CRAWFORD H PRIMROSE PL 3910 CHAMBERS A SMITH CARM OLESON CAR ELDER 6LAI ANDERSON M 392( MOFFIS LIN ROBERTS BR MACK VIOLE MACK VIOLS PASSE BRUC 3920 WAGAMAN DE WAGAMAN AR GROVE JOHN GROVE JOHN THOMPSON P THOMPSON P 3810 BAKER RICH 3820 JOHNSON PE , TILLY MICR ANDERSON S 0 Y7 N { MAREYALAD RONEY DEAN 0 2 HOBBS STEV SWARTZ SUS 0 r . DAGGETTRO 3805 GEORGE 3815 l SCHAFFNER 0 =ORE GLENN 0 PEDGINSSKI 0 (RAL HARR 0 N PZ10 -27 Encroachment - Front Yard Setback PZ10 -28 Variance - Front Yard Setback KRALHARRI KRAL HARRI 3710 FISHER JAM KENAI CITY 3720 FOLKS JAME BAKER RICH 3730 ALLEN RUSS 200 KENAI CITY ry BIBLE SCOT COCHRAN PH WALLINGFOR 2 05 THOMPSON P ANDREE KEV N KAISER KAR DUGGINS CE 0 Cr) SOLIZGEOR 0 WALLINGFOR 0 N WALLINGFOR N WALLINGFOR O N 3740 ROUTH EDWA WILDROSE AVE 3810 NORTH PHIL KENAI CITY ENGLISH CR MARTIN BET WALLINGFOR KAUFFMANJ 3620 SCHNEIDER 44 3830 SCHNEIDER 3820 COLETTI CR FRATES JAM RACKLEY BI N 0 RICKMAN ST 0 3840 0 m N MYERS KEVI KENAI CITY TOGI u7 N 3910 RIBELIN JA THOMPSONR THOMPSON R BAKKE RUSS CRAWFORD H PRIMROSE PL 3910 CHAMBERS A SMITH CARM OLESON CAR ELDER 6LAI ANDERSON M 392( MOFFIS LIN ROBERTS BR MACK VIOLE MACK VIOLS PASSE BRUC 3920 WAGAMAN DE WAGAMAN AR GROVE JOHN GROVE JOHN THOMPSON P THOMPSON P 1. 2. PLANNING AND ZONING APPLICATION Date 51a1 r 0 Name of Applicant erat3 t e cs Business Name 3. Mailing Address Td 1,0 LSD ) Ice A0.1 A K 4. Telephone ,..)21 ,() Email Address ei\S\ 5. Legal Description LB f , ) -- Alm 50" 0 cuf v- KPB Parcel No. g , ��� 6. Property Addresser° r 7. City of Kenai Zoning 8. Application applying for (mark permit being applied for): ❑ Bed & Breakfast ❑ Conditional Use (] CUP — Transfer ❑ Encroachment O9ravel Extraction ❑ Home Occupation ❑ Townsite Historic Development 2 Variance The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attached the necessary information to process this application.) I am the legal owner of the property. I am not the legal permission to apply owner rmission property; the permit have attached verification by the owner;�of the property that I have 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. Incote applications will not be accepted. I certify that the information provided is ac Wage with a Past, Ci y with a Future 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 Fax: 907- 283 -3014 I www.ci.kenai.ak.us E992 45 Craig Julie English 205 Iowa St ICenai, N( 99611 283 -0716 To the Planning and Zoning Department We are requesting a Variance on our property in order to build a 12' addition to our home, we currently have 22' from the existing house to the property line we are asking to add 12' to our home in order to add two bed rooms, this would leave 13' 6" from the property line and 32' from the shoulder of Primrose street. if this was not a corner lot B believe we would only be encroaching 1' 6 ". We have looked into building off the " go the house but there is the old septic system on one side and we currently have 12' 3" from the property line on the other side of the house. After talking with our Contractor we believe this is our best option. Thank you for considering our request. 46 t '1( • • ! 4.; 4.0 - ate- i. 48 J;' DTI ' ; f �°i' 'L: r C. •!f3 abrr47 : -`" - - 1 ::12f R #. ' ", or -�Yt� ,�i.�:Cl=.t . 'Ctu•' ,z aad MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: July 29, 2010 SUBJECT: Resolution PZ10 -29 — Amendment to KMC 12.10 - Nuisances This proposed amendment adds definitions for unsightly premises and structures destroyed or partially destroyed by fire to Title 12. The City currently addresses nuisances in other chapters and this would provide clarification in Title 12. At your last meeting, Mayor Porter requested that I provide you with copies of other ordinances in effect regarding nuisances. Attached are copies of Title 9 and Title 12 both of which provide regulations relating to garbage, junk, litter, and nuisances. I am also providing a copy of KMC 14.20.260 which identifies administration's guidelines for enforcement of violations of the City's codes. Attachments Villa ye with a Past, C with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 hlthil Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 t I 1992 49 f` * 4 xti wti 12.20.030 Debris and junk prohibited. Page 1 of 1 Kenai Municipal Code Up Previous Next Main Search Print No Frames Title 12 HEALTH AND SAFETY Chapter 12.20 MISCELLANEOUS PROVISIONS 12.20.030 Debris and junk prohibited. (a) The owner and the occupant of any private property in the city shall at all times maintain the premises free from significant accumulations of junk, garbage or litter that a reasonable person would find offensive. This section shall not prohibit the storage of junk or litter in authorized private receptacles for collection. A significant accumulation of junk or litter on any private property in the city contrary to this section is deemed to be a public nuisance. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: 1) for longer than one hundred twenty (120) days within the RU, RS 1, RS2, TSH, CC or CG zones; or 2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. (c) Nothing in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (abandoned vehicles). (d) As used in this chapter, the following words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling, preparation, cooking, or consumption of food or the cans, containers, wrappers, or other tangible items wasted or used along with such materials. "Junk" means any worn -out, wrecked, scrapped, partially or fully dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their original purposes, including but not limited to appliances, building material, chemicals, equipment, furniture, machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "junk." "Litter" means all improperly discarded waste material, including but not limited to convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic material, thrown or deposited on the lands and waters within the boundaries of the city. "Occupant" means the person in possession of the real property on which the junk or litter is located. "Occupant" includes tenant and lessee. "Owner" means the owner of the real property on which the junk or litter is located, or the agent of the owner. "Slash" is defined as: branches and other residue left after the felling of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." (KC 12 -17; Ords. 1963 -2002, 2260 -2007) http; / /www.gcode.us /codes /kenai /view .php? topic =1Z- 42_20- 12_20_030 &frames =on 8/5/2010 Chapter 9.10 GENERAL PROVISIONS Page 1 of 3 Kenai Municipal Code 6d Up Previous Next Main Collapse Search Print No Frames Title 9 GARBAGE AND OTHER REFUSE Chapter 9.10 GENERAL PROVISIONS 9.10.005 Definitions, Those definitions specified in Kenai Peninsula Borough Code Section 10.04.010 are hereby adopted by reference herein. Unless otherwise provided or the context otherwise requires: (a) "Landfill" means a land area used for the disposal of solid waste; (b) "Solid Waste" means all unwanted or discarded solid or semi -solid material whether putrescible or non - putrescible, originating from any source, including but not limited to garbage, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter, and street sweepings, de- watered sewage, sludge, dead animals, offal, junked vehicles, and equipment, material and debris resulting from construction or demolition projects, abandoned and decaying structures, and hazardous wastes; (c) "Solid Waste Disposal Facility" means an intermediate disposal facility, transfer station, landfill, incinerator, composting plant, recycling, or reclamation facility or any site utilized for the reduction, consolidation, conversion, processing, or disposal of solid waste. (KC 9 -1; Ord. 233, 1929 -2001) 9.10.010 Garbage to be deposited in containers. (a) All garbage created, accumulated, or produced shall be deposited in a fully enclosed structure or water -tight garbage containers equipped with tight - fitting lids. Such container shall be one manufactured for the purpose of storing or depositing garbage collection. All premises shall be maintained by the owner or agent free of garbage, rubbish, refuse, debris and filth accumulation. If after ten (10) days' notice from the City, the owner or agent of a premises fails to correct any of the above conditions, the City may cause it to be done and have cost thereof assessed as a lien against the property. In areas designated by the City Manager as a "Bear Problem Area" the garbage containers must be City- approved bear resistant ones. A list of City - approved bear resistant garbage containers shall be available at the City Manager's office and the City's official web site. Alternatively, bear resistant containers may be approved on a case -by -case basis by the City Manager after consultation with the Alaska Department of Fish and Game. (b) "Bear Problem Area" means an area declared as such by the City Manager in a public notice which describes the boundaries of the area and the basis for the declaration, which may include any human or bear concentration or activity likely to result in encounters or confrontations sufficient to constitute a danger to the public. Unless an emergency exists, the City Manager shall provide at least fifteen (15) days' notice to the public prior to the designation of a "Bear Problem Area" taking effect. (KC 9 -2; Ords. 1929 -2001, 2290 -2008) 9.10.020 Householder to provide containers. It is the duty of every person in possession, charge, or control of any place in or from which garbage is created, accumulated, or produced, to provide and at all times keep in a suitable place, garbage containers capable of holding all the garbage which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require his or her tenants to furnish proper garbage containers. Garbage containers located at multiple dwellings, if furnished by the tenants, shall be http: / /www.gcode.us /codes /lcenai /view.php ?topic =9- 9_10 &showAll =1 &frames =on 8/6/2010 Chapter 9.10 GENERAL PROVISIONS marked so as to indicate the apartment to which they belong. (KC 9 -3; Ord. 1929 -2001) 9.10.030 Location of containers. No garbage containers or other containers for refuse shall be placed, stored, or located within the traversed right-of-way of a street or alley; provided, however, that such containers may be placed on the edge of the public right -of -way, but off the traveled portion, at specified places and times when such location is necessary for expeditious collection. (KC 9 -4; Ord. 1929 -2001) 9.10.040 Refuse service by a certified carrier. Commercial refuse collection in the City of Kenai shall be provided by a refuse collection service certificated and regulated by the Regulatory Commission of Alaska. (Ord. 391, 1929-2001) 9.10.050 Removal to local solid waste disposal site. It is hereby found and determined that periodic collection of garbage from all places in the City of Kenai benefits all occupants of places or premises in the City; and such occupants or persons in possession, charge, or control of any place in or from which garbage is created, accumulated or produced shall utilize the Kenai Peninsula Borough solid waste disposal facilities. (Ord. 1929 -2001) 9.10.060 Burning_ or burying of refuse prohibited. Except as allowed by a permit issued by the Kenai Fire Department, occupants or persons in possession, charge, or control of any place in or from which refuse is created, accumulated or produced, may not burn such refuse. Burying of garbage or refuse is prohibited. (ICC 9 -5; Ords. 233, 391, 1929 -2001) 9.10.070 Time of collection. Commercial and non - commercial collection of garbage shall be made at least once a week from private residences and as many times per week as the Council may order from all other places. (KC 9 -6; Ord, 1929- 2001) 9.10.0$0 Repealed by Ord. 1929 -2001. 9.10.090 Nuisance. Page 2 of 3 The keeping of garbage in containers other than containers prescribed by this chapter or the keeping upon premises of garbage or rubbish which is allowed to become offensive and noisome, shall constitute a violation, and may also be abated in the manner provided by law for the abatement of nuisances. (KC 9 -9; Ord, 1929 -2001) 9.10.100 Dumping refuse in city streets. Dumping refuse in City streets, rights -of -way, or City -owned property is hereby declared to be unlawful. (KC 9 -10) http; / /www.gcode.us /codes /kenai /view.php ?topic =9 - 9_10 &showAll =1 &frames =on 8/6/2010 Chapter 9.10 GENERAL PROVISIONS Page 3 of 3 9.10.110 Penalty. Any person, firm, or corporation who shall create or maintain a nuisance as defined in this chapter, or who shall violate any provision of this chapter, shall upon conviction be punished as provided for violations in KMC 13.05.010. (KC 9 -11; Ords. 233, 1240) 9.10.120 Operation of solid waste disposal site. (a) The City of Kenai hereby transfers its municipal power or authority for operation of a solid waste collection and disposal site to the Kenai Peninsula Borough, This transfer contemplates transfer of any authority it may have in, and to, the operation of the solid waste disposal site being operated by the City of Kenai on the effective date of approval by the Kenai Peninsula Borough Assembly. This transfer is accomplished pursuant to AS 29.33.250 and AS 29,33.260. (b) That the only solid waste collection and disposal sites which may be operated within the limits of the City of Kenai Peninsula Borough. (Ord. 233) (Note: Title 9 has been renumbered pursuant to KMC 10.15.050.) http: / /www.gcode.us /codes /kenai /view.php ?topic = 9.9_10 &showAll =1 &frames =on 8/6/2010 12.25.030 Leaving of junked or illegally parked vehicles. Kenai Municipal Code Up Previous Next Main Title 12 HEALTH AND SAFETY Chapter 12,25 ABANDONED VEHICLES 12.25.030 Leaving of junked or illegally parked vehicles. Search Print No Frames (a) No person shall leave any junked vehicle on any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junked vehicle to remain on such property longer than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy -two (72) hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (f) "Junk vehicle" means a motor vehicle that is: (1) Not currently registered for operation upon the public roads of the City; or (2) In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or (3) Stripped, wrecked or otherwise inoperable due to mechanical failure; or (4) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. (g) It is an affirmative defense to a prosecution under subsection (f)(1) of this section that the motor vehicle is used only for motor vehicle racing and has been in a legal competitive racing event within the preceding one (1) year. (Ord. 874, 1803 -98) http: / /www.gcode.us/ codes /Kenai /view.php ?topic = 1912_25- 12_25_030 &frames =on 8/5/2010 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ1O -29 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 CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS. WHEREAS, there are within the City many structures that have been damaged or destroyed by fire or by other means and that have not been repaired, replaced, or removed, sometimes for an extended period; and, WHEREAS, there are also many properties within the City where owners or occupants have failed to maintain the premises and the properties are so dilapidated that the failure to address basic cleanliness and/or maintenance standards on the premises have adversely affected the property values of surrounding properties; and, WHEREAS, damaged and dilapidated structures and properties appeal both to children looking for adventure and to persons seeking to engage in illegal activities such as the sale and use of drugs, trespass, and the dumping of rubbish and noxious waste; and, WHEREAS, damaged and dilapidated structures and unsightly premises negatively affect the property values of parcels nearby and injure the surrounding neighborhood by discouraging investment in the neighborhood and undermining a sense of community within the neighborhood; and, WHEREAS, the definition of what status and/or conduct is a public nuisance in the City's Code does not include unsightly premises or buildings or structures that have been destroyed or partially destroyed and where the owner has failed to make repairs or remove the remaining structure and otherwise attend to the economic burdens of property ownership; and, WHEREAS, the City of Kenai has an interest in encouraging active use of properties and in discouraging the wasting of properties in order to prevent the loss of tax revenues from the decline in property value of the destroyed or partially destroyed structure and from the decline in property values of properties close to these structures or premises; and, New Text Underlined; [DELETED TEXT BRACKETED] 52 WHEREAS, the City of Kenai also has an interest in regulating these premises in order to protect the health and safety of the general public to discourage illegal uses and to prevent injury; and, WHEREAS, it is in the best interests of the City to encourage proper property maintenance to promote community, to protect the health and safety of its residents, to protect and preserve property values, and to create a healthy tax base to support the provision of City services to the general public. NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.10.010, is hereby amended to read as follows: 12.10.010 Definitions. In addition to other public nuisances declared by other sections of this Code, the following are hereby declared to be public nuisances: (a) The sale or offering for sale of unwholesome food or drink or a place where such sales or offerings are made; (b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the State law or ordinances of the City, or a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the State law or ordinances of the City; (c) The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects, or a place where such are exposed, displayed, sold, or distributed; (d) A place where persons gamble, whether by cards, slot machines, punch boards, or otherwise; (e) A place where prostitution, illicit sexual inter[ ]course,['] or other immoral acts are practiced; (0 (g) A p[P]lace where activities in violation of State law or ordinance are carried on; The public exposure of a person having a contagious disease; (h) The continued making of loud or unusual noises which annoy persons of ordinary sensibilities, or the keeping of an animal which makes such noises; (i) The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others; New Text Underlined; [DELETED TEXT BRACKETED] 53 (j) Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance; (k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed or are[A] likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public health or safety; (1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things which are or are likely to be breeding places for flies, mosquitoes, vermin, or disease germs; (m) Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition; (n) Any pit, hole, or other thing which is so constructed, formed, conditioned, and/or situated as to endanger the public safety; (o) Any fire or explosion hazard which endangers the public peace, health, safety, or welfare; and, (p) Any occupation or activity which endangers the public peace, health, safety, morals, or welfare; (q) Any building or structure that is partially or wholly burned or otherwise partially destroyed by other means and that is unsightly, hazardous to the safety of any person, a continuing fire hazard, or is structurally unsound to the extent that there is a likelihood of injury to any person entering the structure. (r) Unsightly premises, including exteriors or structures maintained in such condition as to become so defective or unsightly or in such condition of deterioration or disrepair that the property causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes the keeping or disposing of or the scattering over the property or premises of any waste, lumber, or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; stagnant water or excavations; or any device, decoration, design, fence, structure, clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location. Section 4. 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 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] 54 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, August 11, 2010. CHAIRPERSON: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] 55 To: Planning & Zoning Commission Date: July 26, 2010 STAFF REPORT Revocation of Res: PZ06 -27 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Steve and Rick Voth 252-6211 Captain Bligh's Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 Revocation of Conditional Use Permit — Cabin Rentals Lot 1, James H. Cowan Estates 1010 Angler Drive 04939053 RR — Rural Residential Cabin Rentals Rural Residential General Information: On March 27, 2006, Steve and Rick Voth applied to transfer Conditional Use Permit PZ98 -37 into their names, to operate Cabin Rentals, from 1010 Angler Drive. On April 12, 2006, the transfer was approved with the requirement that they continue to operate under conditions originally outlined in PZ98.37. (KMC 14.20.150(i)(4)). On June 28, 2010, the City received a complaint that there was a bear on a property on Angler Drive. During that investigation, it was discovered that the bear activity had occurred at 1035 Angler Drive, another property owned and managed by the Voths. When reviewing the files for the permits held by the Voths, a violation as defined in KMC 14.20.150(g) was discovered. KMC 14.20.150 (g) outlines the process for revoke an approved Conditional Use Permit for noncompliance /compliance notices. 57 Revocation of PZ06 -27 Comments Page 2 Background: Since the transfer of this permit in 2006, there have been multiple instances of compliance concerns with this property. Attached is a letter to the property owner outlining the issues on this property as well as other properties owned and operated under Conditional Use Permits. On July 26, 2010, administration met with the property owners to discuss revocation process, staff recommendations and what needed to be done to meet those recommendations. Noncompliance: Since the Voths acquired ownership of the property, the property has been in and out of compliance with the City of Kenai and Kenai Peninsula Borough. Currently the property is out of compliance due to: • City of Kenai Angler Drive Local Improvement District Assessments --- Total amount due $417.78. Due date was June 30, 2010. • Kenai Peninsula Borough Sales taxes — Tax #14235 -- In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. RECOMMENDATIONS The applicant has been notified that by not being current with Kenai Peninsula Borough sales tax and City of Kenai assessments, there is a violation of KMC 14.20.150(g). Mr. Steve Voth advised the City that the property located at 1010 Angler Drive is in the process of being sold and that he intends to operate the business for the new owners. Mr. Voth advised that he intends to use proceeds from the sale to pay all past due amounts owed to bring all of his properties and businesses in compliance with the City of Kenai and Kenai Peninsula Borough. Since this Conditional Use Permit was transferred in 2006, there have been ongoing violations with sales tax reporting /payment requirements. With the most recent issues and discovering the owner is now in arrears with the City of Kenai assessment for the Angler Drive Local Improvement District, the decision was to bring the concerns to the Planning & Zoning Commission. It is recognized that the owner should be given an opportunity to bring the operation into compliance. Administration is recommending the following to allow the owner to become current with obligations to the Borough and City: • Become current with City of Kenai assessments. • Become current with Kenai Peninsula Borough sales tax and property taxes. 58 Revocation of PZ06 -27 Comments Page 3 • Quarterly reports of activity on property through December 31, 2011. • Develop and enforce house rules for the property. Rules should include specific guidelines for fish cleaning, trash, and storage of coolers. • Applicant must comply with all Federal, State and local regulations. ATTACHMENTS: 1. Resolution PZ06 -27 2. 7/23/10 Revocation letter to property owners 3. 7/26/10 Letter to property owners 59 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06 -27 theca ' q " REVOCATION OF CONDITIONAL USE PERMIT KEMAIALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI REVOKING CONDITIONAL USE PERMIT PZ06 -27 DUE TO FAILURE TO MEET REQUIREMENTS OF KMC 14.20.150 r WHEREAS, the Commission fmds: 1. That Conditional Use Permit PZ06 -27 was approved on April 12, 2006. 2. The permit was for the property located at Lot 1, James H. Cowan Estates — 1010 Angler Drive. 3. The Kenai Peninsula Borough Parcel Number is 04939053. 4. The land is zoned Rural Residential. 5. Kenai Municipal Code requires Conditional Use Permit operators to comply with the conditions of the permit and to be current on any obligations (e.g. sales tax, property tax, utility payments, and lease payments) to the City. 6. Property delinquent with City of Kenai — Angler Drive Local Improvement District Assessments — Total amount past due $417.78 as of June 30, 2010. 7. Property delinquent with Kenai Peninsula Borough Sales Taxes — Tax #14235 — In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. 8. KMC 14.20.150(g) regulates the process for revocation of permits due to non - compliance. 9. On July 23, 2010 a letter was sent to the permit holder to provide notification of non- conformance and that a revocation hearing was scheduled for the August 11, 2010. 10. On July 26, 2010 a meeting was held with the property owners to discuss the non- compliance and the revocation process. 11. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on August 11, 2010. 12. That the Commission fords that it is reasonable to provide the permit holder an opportunity to conform to the requirements of the permit and to meet all obligations to the City and Borough for the property. 13. That the Commission fmds that revoking the permit should be postponed to provide the opportunity for compliance. 14. That the following additional requirements have been established by the Commission as a condition of postponing the revocation: • Become current with City of Kenai assessments. • Become current with Kenai Peninsula Borough sales tax and property taxes. • Quarterly reports of activity on property through December 31, 2011. • Develop and enforce house rules for the property. Rules should include specific guidelines for fish cleaning, trash, and storage of coolers. • Applicant must comply with all Federal, State and local regulations. 60 PZ06 -27 Revocation Page 2 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE REVOCATION OF THE CONDITIONAL USE PERMIT PZ06 -27 HELD BY STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS IS POSTPONED AND AMENDED AS LISTED ABOVE, PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 11, 2010. CHAIRPERSON: ATTEST: 61 ' yCH MICH PELCH MICH CRESAPJEN EL ICH KENAI CITY Lot 1. Jam - s H. Cowan Estates 10of 4 PELCH MICH Subject Parcel W 2 VOTH RICK 2 COWAN CLAR 3 COWAN CLAR ANDERSEN 0 5 WESTBROOK BLUE HERON 1 rTh 4 ANGLER ENT 62 The Lake at Kenai O W 6 LJX L�" BLUE HERON W " C 1 9 = 7 BANCROFT W H 8 H . JOHNSON JA CEDROS PAT 11 VOTH 4 VOTH RICK FOSTER LAN 1 RICHARDSON 2 F.. VAN DUSSEL 5 LL 9 HAAK FAMIL LL 10 HOLTAN KEI X13 MASUDA KEI 12 LEE CHARLE 8 48 CREW-QUART 14 -A • £R ^e °'9 e 1 MILLER HAR MIL HA BRYANT WIL BEAVE" CRE ROGALSKYR ESTATE ALASKA STi July 26, 2010 o o KENAII A ■Nv/ v July 26, 2010 Steve and Rick Voth Capt. Bligh — Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 RE: PZ06 -26 (PZ05 -56) Lots 4 & 5, Anglers Acres Subdivision No. 3 — 1035 & 1045 Angler Dr. PZ06 -27 (PZ98 -37) Lot 1, James H. Cowan Estates — 1010 Angler Drive Thank you for meeting with Nancy Carver and me today regarding the concerns relating to the above - referenced permits. As we discussed, it is recommended you attend the meeting on August 11` to discuss the permits with the Commission. We explained to you that a report would be prepared for the Commission's consideration regarding the revocation. In that report, at a minimum, we will be recommending quarterly reports to verify the business is in compliance with sales and property taxes and in compliance with the City's assessments. In addition, a recommendation to require rules for your guests will be requested. These rules should address health and safety issues in addition to any other house rules you would like to incorporate into the operation of your businesses. At this meeting you also advised that the property located at 1010 Angler Drive is in the process of being sold and that the plan is for Steve Voth to operate the business for the new owners. Kenai Municipal Code will require the new owners to transfer the permit into their name. The new owners will become responsible for ensuring the Conditional Use Permit operation in compliance with local, state, and federal laws as well as any conditions placed on the permit. Please notify the City when the property has sold and we will forward the necessary forms to the new owners for the transfer. As a reminder, the revocation hearing has been set before the Planning & Zoning Commission for Wednesday, August 11, 2010, at 7 p.m. At that time, you will have an opportunity to discuss the permit(s) status with the Commission and to address why the Commission should not revoke your permit(s). You are encouraged to provide information you would like the Commission to consider at this hearing. Any information should be provided in a timely manner so the Commission has sufficient time to review it. Commission packets for this meeting will be prepared August 5 Information for inclusion must be received no later than 9 a.m. on August 5 "'. Don't hesitate to contact me if you have questions regarding the process. CITY l F KJNAI Marilyn Kebschull, AICP Planning Administration l'llaye with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / Fax: 907-283 -3014 www.ci.kenai.ak.us NOTICE OF REVOCATION HEARING AUGUST 11, 2010 63 Mailed: Regular & Via Email July 23, 2010 the c< y or EWA ALUM Steve and Rick Voth Capt. Bligh — Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 " Vi/ aye with a PP& g CitA with a ll- ratio, DG 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283J535 / FA)(: (907) 283 -3014 www.ci.kerlai.ak.us Mailed Certified & Regular RE: PZ06 -26 (PZ05 -56) Lots 4 & 5, Anglers Acres Subdivision No. 3 — 1035 & 1045 Angler Dr. PZ06 -27 (PZ98 -37) Lot 1, James H. Cowan Estates — 1010 Angler Drive NOTICE 011? REVOCATION BEARING — AUGUST 11, 2010 The above - referenced properties have operated under Conditional Use Permits (CUP's) since1988 and 1998. In 2006, these pennits were transferred to Steve and Rick Voth. Since that time, there have been compliance issues. Most recently, one of your properties was the subject of a health and safety violation wherein trash was not contained m a manner required under Kenai Municipal Code 9.10.010 (Garbage to be Deposited in Containers) resulting in attracting a bear. This is a serious situation, When contacted, the violation was immediately corrected, Kenai Municipal Code 14.20.150 (g) provides rules for revocation when an operation is found to be out of compliance with any conditions of the permit or those listed in this section of the code. Conditional Use Pen are granted and must be operated under the strict guidelines. Based on the recent issues, an investigation of these permits has revealed they are in non- compliance for the following: • City of Kenai Angler Drive Local Improvement District Assessments for all three (3) locations — Total amount due $ 1,260.96, June 30, 2010. o Kenai Peninsula Borough Property taxes on KPB Parcel # 04939035.. 1045 Anger Drive. As of 2009, past due amount owed is $3,660.82. o Kenai Peninsula Borough Sales taxes — Tax #14235 — In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the arnount owed. On June 25, 2010, the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. 64 1035 A glier Drive Lodging and Guide Service * *Limited to 3 boats 4/12/06 P &Z Commission approved PZ06 -26 transfer of PZ05 -56 © Lodging & limited to 3 guide boats 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 o 2' letter sent requesting 2006 CUP report 11/22/06 o In compliance 3/5/07 Letter requesting fire inspection on properties 4/2/07 o Final reminder for fire inspections 5/11/07 o Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 o 2nd letter requesting 2007 CUP report 12/7/07 O 3rd & final letter requesting 2007 CUP report 12/18/07 o Reports received showed noncompliance with KPB 1/8/08 ® KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 © 2nd letter requesting 2008 CUP report 12/9/08 ® Reports received showed noncompliance with KPB 12/26/08 o 3rd & final letter requesting KPB compliance 1/6/09 e KPB notified in compliance 4/28/09 Letter requesting fire inspection on properties 5/25/09 o Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11/16/09 o 2nd letter requesting 2009 CUP report 12/9/09 fl Reports received showed noncompliance with KPB 12/23/09 e 3rd & final letter requesting KPB compliance 1/12/10 0 Notified Mr. Voth of revocation hearing scheduled 2/1/10 © KPB notified in compliance 6/28/10 Bear activity on property 6/29/10 0 Notified Mr. Voth he was operating a business in a residential neighborhood, and he needed to take the necessary precautions to ensure property is remains cleaned 7/19/10 City Manager Koch received two separate complaints concerning fish waste being deposited on creek bank. KMC 14.20.150(f) requires yearly reporting to insure permits are in compliance with the requirements listed in KMC 14.20.150(g). Since the transfer of these permits in 2006, reports have not been received in a timely manner. Numerous requests to meet the requirements listed for compliance have been required. The following synopsis provides historical documentation of these permits: o 2/17/06 — Notified Mr. Voth he needed to transfer CUP's into his name. o 3/15/06 — Second letter regarding transfer of CUP's. o 3/27/06 — Mr. Voth submitted transfer applications. o 3/30/06 — Registered for sales tax and business license. 65 1045 Angler Drive Lodging and Guide Service * *Limited to 3 boats . 4/12/06 P &Z Commission approved PZ06 -26 transfer of PZ05 -56 0 Lodging & limited to 3 guide boats 9/6/06 Variance and CUP applications received (Variance — Principal structure & CUP -- Cabin rentals) 9/19/06 0 Letter from neighbor opposing Variance 9/27/06 0 Planning & Zoning Commission Meeting — Variance failed 9/28/06 o Notified Mr. Voth variance failed, reconsideration scheduled for 10/11/06 meeting, CUP postponed until 10/11/06 meeting 10/11/06 0' Variance & CUP approved with requirements 10/27/06 o Notified Mr, Voth of requirements associated with permits, and he could apply for the building permit to construct cabins. 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 0 2" d letter sent requesting 2006 CUP report 1 1/22/06 o In compliance 3/5/07 Letter requesting fire inspection on properties 4/2/07 e Final reminder for fire inspections 5/11/07 o Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 0 2nd letter requesting 2007 CUP report 12/7/07 0 3rd & final letter requesting 2007 CUP report 12/18/07 o Reports received showed noncompliance with KPB 1/8/08 o KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 0 2nd letter requesting 2008 CUP report 12/9/08 o Reports received showed noncompliance with KPB 12/26/08 0 3rd & final letter requesting KPB compliance 1 /6/09 0 KPB notified in compliance 4/28/09 Letter requesting fire inspection on properties 5/25/09 0 Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11/16/09 0 2nd letter requesting 2009 CUP report 12/9/09 0 Reports received showed noncompliance with KPB 12/23/09 © 3rd & finaI letter requesting KPB compliance 1/12/10 o Notified Mr. Voth of revocation hearing scheduled 2/1/10 0 KPB notified in compliance 7/19/10 Same as 1035 Angler Drive 7/20/10 Letter to property owner notifying him PZ06 -63 & PZ06 -64 has expired. o KPD Officer Douthit inspected property and took photos of creek bank along property. Photos show fish waste along bank. Permits limit each dock to three (3) boats. Photos showed four (4) boats tied to one dock. Officer Douthit saw more than three (3) boats tied to the adjoining dock. 66 1010 Angler Drive Cabin Rentals 4/12/06 P &Z Commission approved PZ06 -27 transfer of PZ98 -37 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 0 2 letter sent requesting 2006 CUP report 11/22/06 O In compliance 7/3/07 Letter requesting fire inspection on properties 7/5/07 o Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 m 2nd letter requesting 2007 CUP report 12/7/07 0 3rd & final letter requesting 2007 CUP report 12/18/07 o Reports received showed noncompliance with KPB 1/8/08 o KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 0 2nd letter requesting 2008 CUP report 12/9/08 o Reports received showed noncompliance with KPB 12/26/08 0 3rd & final letter requesting KPB compliance 1/6/09 0 KPB notified in compliance 6/10/09 Letter requesting fire inspection on properties 5/25/09 o Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11 /16 /09 0 2nd letter requesting 2009 CUP report 12/9/09 o Reports received showed noncompliance with KPB 12/23/09 0 3rd & final letter requesting KPB compliance 1/12/10 o Notified Mr, Voth of revocation hearing scheduled 2/1/10 0 KPB notified in compliance A revocation hearin 4 has been set before the Planning & Zoning Commission for Wednesday, August 11, 2010., at 7 p.m. At that time, you will have an opportunity to discuss the permit(s) status with the Commission and to address why the Commission should not revoke your permit(s). Any information you would like the Commission to consider at this hearing, should be provided in a timely manner so they have sufficient time to review it. Commission packets for this meeting will be prepared August 5 • Information for inclusion must be received no later than 9 a.in. on August 5 CITY OFENAI Marilyn Kebschull, AICP Planning Administration 67 Captain'BIigh From: Captain Bligh [bligh @captainblighs.com] Sent: Thursday, August 05, 2010 10:57 AM To: 'Nancy Carver' Subject: RE: Revocation Reports for PZ06 -26 & P706 -27 Page 1 of 2 Nancy, please attach this email as a response to the compliance concerns for our conditional use permits at 1035 and 1045 Angler Dr to the commissioners packets. The fallowing are steps that we have taken in concern to specific non compliance issues that have been brought to my attention. ® Fish carcasses on the river Bank. There has always been a sign on the fish cleaning station that states "throw all fish carcasses into the water. This can be misleading to my clients because of the extreme tidal fluxes that we have here on Beaver Creek. At high tide there is no river bank showing and there is water lapping up against the cleaning station. The carcasses that were photo graphed were thrown into the water at High tide and when the tide receded all the carcasses remained on the bank. I have placed new signs up explaining to everyone who uses the station that they must take the carcasses down to the end of the dock into the flowing water that is below the extreme low tide mark. to Unsecured trash. The first instance of bear activity took place on a Saturday on the 26m of June while I was in homer. Upon my return I immediately ordered a bear proof dumpster and cleaned the trash and debris from the property. I have attached a picture of the bear proof dumpster. ® Back Taxes and Fees to KPB and City of Kenai. With the down turn in the economy it has been a real struggle making ends meet, because of this we have sold 1010 Angler Dr and have used those funds to pay all back taxes and assessments. As of August 5 we are in 100% compliance with all back taxes and fees. • More that 3 boats moored at the docks at both 1035 and 1045. It is correct that more than 3 boats were observed on the docks at these two locations. At the time that Officer Douthit took the picture there were three guide boats and one private boat on the dock at 1045 and one guide boat and three private boats moored at 1035. In officers Douthit report he only mentions more than 3 Boats at each location and not more than 3 guide boats. ® Leasing dock space. I was not awer of a restriction of leasing dock spaces it is and has been a standard practice up and down Beaver Creek. I leased on spot to a private boat for the month of July and one spot to another guide. I have refunded to money to these two gentlemen and will cease leasing dock spaces. a I have developed house rules regarding the cleaning and the storage of trash for the lodge. Please see attached document. o Unsecured freezers. I realize do to the commercial aspect of our operation that more is expected to keep our clients and neighbors safe. I have purchased and secured all of the freezers by ratchet straps. Thank you for giving me the opportunity and bring the "lodge" back into compliance. Regards, 8/5/2010 68 F lyouts All Salmon Clam Digging Rainbow Trout Luxury Log Cabins, Superb Rates, Fabulous Fishing!! Dear Valued Client, The fallowing House Rules have been developed for both your safety and to ensure your maximum enjoyment of your stay with us here at Beaver Creek Lodge. Thank you for your cooperation. 1. Check in time is 2:00 PM and Check out time is 10:00 AM. Early check in and late cheek out times will be accommodated on a case by case basis. 2. To ensure a tranquil environment "Close of Business" for the day will be 9:00 pm and this will be considered the start of "quite time" until 9:00 am the next morning. 3. All fish carcasses will be carried to the end of the dock and disposed into Beaver Creek below the low tide mark. 4. Fish cleaning station will be bleached after each use to ensure a healthy environment. 4, ctl to \VLC.. - 5. All trash will be secured into provided "bear proof" trash dumpster by Close of Business each day. 6. Provided freezers will be secured by ratchet strap after fish processing has been completed. 'Thank you for your cooperation with these house rules. Captain Bligh Capt...Bligh's CRE E L GUIDE SERVICES Quality Lodging and Fishing Kenai River, Alaska PO Box 2227 ® Soldotna, AK 99669 - Sumn r (907) 283 -7550 Toll Free (888) 480.79 Halibut Fly Fishing Bear Viewing Glacier 'Tours 9 Marilyn Kebschull From: Czarnezki, John [JCzarn @borough.kenai.ak.us] Sent: Thursday, August 05, 2010 10:18 AM To: Marilyn Kebschull Subject: RE: Thoughts HI Marilyn, A preferred option would be to use an environmentally friendly cleaner like Simple Green or something comparable. If the surface is removable they can take it inside and wash it with a bleach solution or equivalent. (Septic systems can handle small amounts of bleach and still function.) By no means would we want them using bleach right on the river bank. Here's what we do at the River Center: We have a 5 gallon bucket and stiff brush cabled to the fish cleaning table. After someone cleans a fish they dump a pail full of water on the surface and then scrub it off and rinse again. In my opinion, the folks at this site need to collect their fish waste and then haul it in their boat out to the main channel of the Kenai and dump it. (There's not enough current in Beaver Creek to carry the fish waste away at this location.) This needs to happen immediately after they've cleaned their fish. The longer it sits on and the greater the chance for a bear encounter. The owners /managers of this site need to do some people management. They need to inform their clients what is expected of them, how to take care of their fish/fish waste, where they can fish from (e.g. stay on the walkways and off the vegetation), etc. People mgmt is our biggest challenge when it comes to riverbank habitat and protection. John From: Marilyn Kebschull [ mailto :mkebschull @ci.kenai.ak.us] Sent: Thursday, August 05, 2010 9:59 AM To: Czarnezki, John Subject: Thoughts John, The CUP we're processing the revocation for is proposing requiring bleach to clean their fish cleaning tables. Any thoughts on using bleach that close to the river? Q Marilyn K. Kebschull, AICP Planning Administration City of Kenai 210 Fidalgo Avenue Kenai, A K 99611 907 - 283 -8235 1 70 To: Planning & Zoning Commission Date: July 26, 2010 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS STAFF REPORT Steve and Rick Voth 252 -6211 Captain Bligh's Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 Revocation of Res: PZ06 -26 Revocation of Conditional Use Permit — Lodging and Guide Service Lots 4 & 5, Anglers Acres Subdivision Part 3 1035 and 1045 Angler Drive 04939036 and 04939035 RR — Rural Residential Lodging and Guide Service Rural Residential General Information: On March 27, 2006, Steve and Rick Voth applied to transfer Conditional Use Permit PZ05 -56 into their names, to operate Lodging and Guide Service, from 1035 and 1045 1010 Angler Drive. On April 12, 2006, the transfer was approved with the requirement that they continue to operate under conditions originally outlined in PZ05 -56. (KMC 14.20.150(i)(4)). The permits allowed the following activities: • Lodging • Guiding • Limited each dock to three [3] guide boats On June 28, 2010, the City received a complaint that there was a bear on a property on Angler Drive. Kenai Police Department investigated the complaint and determined that the bear activity had occurred at 1035 Angler Drive. Photographs of the site were taken. Mr. Voth was contacted at the scene and the site was cleaned of debris and garbage 71 Revocation of PZ06 -26 Comments Page 2 strewn by the bear. Mr. Voth ordered a bear -proof container for the property which was delivered that day. The City received a second complaint on July 19, 2010, concerning fish waste being thrown along the banks of Beaver Creek, a health and safety violation, When investigated by KPD Officer Douthit, it was discovered that this activity was again at 1035 Angler Drive. Photographs were taken. Officer Douthit reported there were more than three boats moored at the docks at 1035 and 1045 Angler Drive. Officer Douthit contacted Mr. Steve Voth at the scene. Mr. Voth took steps to remove the fish waste. It was also noted there were multiple freezer stored outside which were not secured and Mr. Voth was advised to secure the freezers. Due to these complaints, the City's Code Enforcement Officer reviewed the files for the Conditional Use Permits for these properties and violations as defined in KMC 14.20.150(g) were discovered. KMC 14.20.150 (g) outlines the process to revoke an approved Conditional Use Permit for noncompliance /compliance notices. Background: Since the transfer of this permit in 2006, there have been multiple instances of compliance concerns with these properties. Attached is a letter to the property owner outlining the issues on these properties as well as another property owned and operated under a Conditional Use Permit. On July 26, 2010, administration met with the property owners to discuss revocation process, staff recommendations and what would need to be done to meet those recommendations. During this meeting the property owners indicated that they were leasing dock space(s) to local guides. This is not a permitted use under the existing permit. Administration informed the Voths the current permit limits the number of guide boats to 3, and an amendment would be required to lease the dock space. Noncompliance: Since the Voths acquired ownership of the properties, the properties have been in and out of compliance with the City of Kenai and Kenai Peninsula Borough. Currently the properties are out of compliance due to: • City of Kenai Angler Drive Local Improvement District Assessments — Total amount due: o 1035 Angler Drive - $410.10. Due date was June 30, 2010. o 1045 Angler Drive - $433.08. Due date was June 30, 2010. • Kenai Peninsula Borough Sales taxes — Tax #14235 — In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the amount owed. On June 25, 2010, 72 Revocation of PZ06 -26 Comments Page 3 the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. • Kenai Peninsula Borough Property taxes — Parcel #04939035 --- 1045 Angler Drive, past due amount owed: $3,660.82. Mr. Voth advised that he intends to use proceeds from the sale of 1010 Angler to pay all past due amounts owed to bring all of his properties and businesses in compliance with the City of Kenai and Kenai Peninsula Borough. • Leasing dock space without the appropriate permit. RECOMMENDATIONS The applicant has been notified that by not being current with Kenai Peninsula Borough property tax, sales tax, City of Kenai assessments, and by leasing dock space violations of KMC 14.20.150(g) exist. It is recognized that the owner should be given an opportunity to bring the operation into compliance. Operators of Conditional Use Permits need to understand that permits are issued under strict guidelines and are expected to operate under those guidelines. In addition to staying current with all tax and assessments, the businesses must be operated in a safe manner. Administration is recommending the following to allow the owner to become current with obligations to the Borough and City and to develop rules for the property to ensure they are operated in a manner that is not harmful to the public as required in KMC 14.20.150(d)(5): • Become current with City of Kenai assessments. • Become current with Kenai Peninsula Borough sales tax and property taxes. • Quarterly reports of activity on property through December 31, 2011. • Develop and enforce house rules for the property. Rules should include specific guidelines for fish cleaning, trash, and storage of coolers. • Cease leasing dock space until an amendment is applied for and approved by the Commission. • Applicant must comply with all Federal, State and local regulations. ATTACHMENTS: 1. Resolution PZ06 -26 2. 7/23/10 Revocation letter to property owners 3. 7/26/10 Letter to property owners 4. Photos 73 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06 -26 REVOCATION OF CONDITIONAL USE PERMIT the ciyof KENAI, A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI REVOKING CONDITIONAL USE PERMIT PZ06 -26 DUE TO FAILURE TO MEET REQUIREMENTS OF KMC 14.20.150 WHEREAS, the Commission finds: 1. That Conditional Use Permit PZ06 -26 was approved on April 12, 2006. 2. The permit was for the properties located at Lots 4 and 5, Anglers Acres Subdivision Part 3 — 1035 & 1045 Angler Drive. 3. The Kenai Peninsula Borough Parcel Numbers are 04939036 & 04939035 4. The land is zoned Rural Residential. 5. Kenai Municipal Code requires Conditional Use Permit operators to comply with the conditions of the permit and to be current on any obligations (e.g. sales tax, property tax, utility payments, and lease payments) to the City. 6. Property delinquent with City of Kenai — Angler Drive Local Improvement District Assessments — Total amount past due on both properties is $843.18 as of June 30, 2010. 7. Property delinquent with Kenai Peninsula Borough Sales Taxes -- Tax #14235 — In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. 8. Property delinquent with Kenai Peninsula Borough Property Taxes — Parcel #04939035 — 1045 Angler Drive, past due amount owed: $3,660.82. Mr. Voth advised that he intends to use proceeds from the sale of 1010 Angler to pay all past due amounts owed to bring all of his properties and businesses in compliance with the City of Kenai and Kenai Peninsula Borough. 9. KMC 14.20.150(g) regulates the process for revocation of permits due to non - compliance. 10. On July 23, 2010 a letter was sent to the permit holder to provide notification of non- conformance and that a revocation hearing was scheduled for the August 11, 2010. 11. On July 26, 2010 a meeting was held with the property owners to discuss the non- compliance and the revocation process. 12. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on August 11, 2010. 13. That the Commission finds that it is reasonable to provide the permit holder an opportunity to conform to the requirements of the permit and to meet all obligations to the City and Borough for the property. 14. That the Commission finds that revoking the permit should be postponed to provide the opportunity for compliance. 15. That the following additional requirements have been established by the Commission as a condition of postponing the revocation: • Become current with City of Kenai assessments. • Become current with Kenai Peninsula Borough sales tax and property taxes. • Quarterly reports of activity on property through December 31, 2011. 74 PZ06 -26 Revocation Page 2 • Develop and enforce house rules for the property. Rules should include specific guidelines for fish cleaning, trash, and storage of coolers. Cease leasing dock space until an amendment is applied for and approved by the Commission. • 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 REVOCATION OF THE CONDITIONAL USE PERMIT PZ06 -27 HELD BY STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS IS POSTPONED AND AMENDED AS LISTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 11, 2010. CHAIRPERSON: ATTEST: 75 Lots 4 8 5. Anglers Acres Subdivision. Part 3 PELCHMICH The Lake at Kenai 1 VOTH RICK 2 COWAN CLAR ANGLER ENT 0 VOTH RICK RICHARDSON VOTH ROCK 0 W 0 COWAN CLAR 7 Z 1" Q 8 � F a JOHNSON JA ANDERSEN G HAAK FAMIL !ll 9 Lo iiii�� 4 Cr 76 FOSTER LAN 1 5 VAN DUSSEL 1 1 1 BLUE HERON fr 3 W BANCROFT W BEAVE CREE1 ROGALSKY R ESTATE 2 0 er a_ Subject Parcels 2 ALASKA STA July 26, 2010 July 26, 2010 Steve and Rick Voth Capt. Bligh — Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 Don't hesitate to contact me if you have questions regarding the process. CITY1Or KENAI Marilyn Kebschull, AICP Planning Administration "Vella e with a Past et with aFaur e 210 Hdalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 Fax: 907-283-3014 www.ci.kenai.ak.us 77 Mailed: Regular & Via Email RE: PZ06 -26 (PZ05 -56) Lots 4 & 5, Anglers Acres Subdivision No. 3 — 1035 & 1045 Angler Dr. PZ06 -27 (PZ98 -37) Lot 1, Janes H. Cowan Estates — 1010 Angler Drive NOTICE OF REVOCATION HEARING — AUGUST 11, 2010 Thank you for meeting with Nancy Carver and me today regarding the concerns relating to the above - referenced permits. As we discussed, it is recommended you attend the meeting on August 11' to discuss the permits with the Commission. We explained to you that a report would be prepared for the Commission's consideration regarding the revocation. In that report, at a minimum, we will be recommending quarterly reports to verify the business is in compliance with sales and property taxes and in compliance with the City's assessments. In addition, a recommendation to require rules for your guests will be requested. These rules should address health and safety issues in addition to any other house rules you would like to incorporate into the operation of your businesses. At this meeting you also advised that the property located at 1010 Angler Drive is in the process of being sold and that the plan is for Steve Voth to operate the business for the new owners. Kenai Municipal Code will require the new owners to transfer the permit into their name. The new owners will become responsible for ensuring the Conditional Use Permit operation in compliance with local, state, and federal laws as well as any conditions placed on the permit. Please notify the City when the property has sold and we will forward the necessary forms to the new owners for the transfer. As a reminder, the revocation hearing has been set before the Planning & Zoning Commission for Wednesday, August 11, 2010, at 7 p.m. At that time, you will have an opportunity to discuss the permit(s) status with the Commission and to address why the Commission should not revoke your permit(s). You are encouraged to provide information you would like the Commission to consider at this hearing. Any information should be provided in a timely manner so the Commission has sufficient time to review it. Commission packets for this meeting will be prepared August 5 Information for inclusion must be received no later than 9 a.m. on August 5"'. the cc of ENAD ALUM July 23, 2010 Steve and Rick Voth Capt. Bligh --- Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 'Village with a U a g+- Gill with U 1%L U IYfS-L/fYly// e 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 2837535/ FA)(: (907) 28343014 www.ci.kenai.ak.us 78 Mailed Certified & Regular RE: PZ06 -26 (PZ05 -56) Lots 4 & 5, Anglers Acres Subdivision No. 3 — 1035 & 1045 Angler Dr. PZ06 -27 (PZ98 -37) Lot 1, James H. Cowan Estates — 1010 Angler Drive NOTICE OIL REVOCATION HEARING — AUGUST 11, 2010 The above - referenced properties have operated under Conditional Use Permits (CUP's) since1988 and 1998. In 2006, these permits were transferred to Steve and Rick Voth. Since that time, there have been compliance issues. Most recently, one of your properties was the subject of a health and safety violation wherein trash was not contained in a manner required under Kenai Municipal Code 9.10.010 (Garbage to be Deposited in Containers) resulting in attracting a bear. This is a serious situation. When contacted, the violation was immediately corrected. Kenai Municipal Code 14.20.150 (g) provides rules for revocation when an operation is found to be out of compliance with any conditions of the permit or those listed in this section of the code. Conditional Use Permits are granted and must be operated under the strict guidelines. Based on the recent issues, an investigation of these permits has revealed they are in non- compliance for the following: City of Kenai Angler Drive Local Improvement District Assessments for all three (3) locations — Total amount due $1,260.96, June 30, 2010. o Kenai Peninsula Borough Property taxes on KPB Parcel # 04939035 - 1045 Anger Drive. As of 2009, past due amount owed is $3,660.82. 0 Kenai Peninsula Borough Sales taxes — Tax #14235 — In 2009, sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010. 1035 Angier Drive Lodging and Guide Service **Limited to 3 boas 4/12/06 P &Z Commission approved PZ06 -26 transfer of PZ05 -56 © Lodging & limited to 3 guide boats 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 0 2nd letter sent requesting 2006 CUP report 11/22/06 o In compliance 3/5/07 Letter requesting fire inspection on properties 4/2/07 o Final reminder for fire inspections ' 5/11/07 o Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 o 2nd letter requesting 2007 CUP report 12/7/07 0 3rd & final letter requesting 2007 CUP report 12/18/07 0 Reports received showed noncompliance with KPB 1/8/08 o KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 0 2nd letter requesting 2008 CUP report 12/9/08 o Reports received showed noncompliance with KPB 12/26/08 0 3rd & final letter requesting KPB compliance 1/6/09 o KPB notified in compliance 4/28/09 Letter requesting fire inspection on properties 5/25/09 o Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11/16/09 o 2nd letter requesting 2009 CUP report 12/9/09 o Reports received showed noncompliance with KPB 12/23/09 0 3rd & final letter requesting KPB compliance 1/12/10 0 Notified Mr. Voth of revocation hearing scheduled 2/1/10 o KPB notified in compliance 6/28/10 Bear activity on property 6/29/10 e Notified Mr. Voth he was operating a business in a residential neighborhood, and he needed to take the necessary precautions to ensure property is remains cleaned 7/19/10 City Manager Koch received two separate complaints concerning fish waste being deposited on creek bank. KMC 14.20.150(D requires yearly reporting to insure permits are in compliance with the requirements listed in KMC 14.20.150(g). Since the transfer of these permits in 2006, reports have not been received in a timely manner. Numerous requests to meet the requirements Iisted for compliance have been required. The following synopsis provides historical documentation of these permits: o 2/17/06 — Notified Mr. Voth he needed to transfer CUP's into his name. • 3/15/06 — Second letter regarding transfer of CUP's. O 3/27/06 — Mr. Voth submitted transfer applications. O 3/30/06 — Registered for sales tax and business license. 79 1045 Angier Drive Lodging and Guide Service * *Limited to 3 boats 4/12/06 P &Z Commission approved PZO6 -26 transfer of PZ05 -56 0 Lodging & limited to 3 guide boats 9/6/06 Variance and CUP applications received (Variance -- Principal structure & CUP — Cabin rentals) 9/19/06 o Letter from neighbor opposing Variance 9/27/06 0 Planning & Zoning Commission Meeting --- Variance failed 9/28/06 o Notified Mr. Voth variance failed, reconsideration scheduled for 10/11/06 meeting. CUP postponed until 10/11/06 meeting 10/11/06 o Variance & CUP approved with requirements 10/27/06 o Notified Mr. Voth of requirements associated with permits, and he could apply for the building permit to construct cabins. 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 0 2n letter sent requesting 2006 CUP report . 11/22/06 o In compliance 3/5/07 Letter requesting fire inspection on properties 4/2/07 o Final reminder for fire inspections 5/11/07 0 Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 0 2nd letter requesting 2007 CUP report 12/7/07 0 3rd & final letter requesting 2007 CUP report 12/18/07 o Reports received showed noncompliance with KPB 1/8/08 ® KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 © 2nd letter requesting 2008 CUP report 12/9/08 o Reports received showed noncompliance with KPB 12/26/08 0 3rd & final letter requesting KPB compliance 1/6/09 o KPB notified in compliance 4/28/09 Letter requesting fire inspection on properties 5/25/09 o Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11/16/09 0 2nd letter requesting 2009 CUP report 12/9/09 o Reports received showed noncompliance with KPB 12/23/09 0 3rd & final letter requesting KPB compliance 1/12/10 0 Notified Mr. Voth of revocation hearing scheduled 2/1/10 o KPB notified in compliance 7/19/10 Same as 1035 Angler Drive 7/20/10 Letter to property owner notifying him PZ06 -63 & PZ06 -64 has expired. o KPD Officer Douthit inspected property and took photos of creek bank along property. Photos show fish waste along bank. Permits limit each clock to three (3) boats. Photos showed four (4) boats tied to one dock. Officer Douthit saw more than three (3) boats tied to the adjoining dock. 80 1010 Anger Drive Cabin I' :smalls 4/12/06 P &Z Commission approved PZ06 -27 transfer of PZ98 -37 10/5/06 CUP yearly compliance letter 2006 CUP report due 11/3/06 0 2 letter sent requesting 2006 CUP report 11/22/06 O In compliance 7/3/07 Letter requesting fire inspection on properties 7/5/07 o Fire inspections performed 10/1/07 CUP yearly compliance letter 2007 CUP report due 11/14/07 0 2nd letter requesting 2007 CUP report 12/7/07 0 3rd & final letter requesting 2007 CUP report 12/18/07 0 Reports received showed noncompliance with KPB 1/8/08 o KPB notified in compliance 10/8/08 CUP yearly compliance letter 2008 CUP report due 11/25/08 0 2nd letter requesting 2008 CUP report 12/9/08 o Reports received showed noncompliance with KPB 12/26/08 0 3rd & final letter requesting KPB compliance 1/6/09 o KPB notified in compliance 6/10/09 Letter requesting fire inspection on properties 5/25/09 0 Fire inspections performed 10/14/09 CUP yearly compliance letter 2009 CUP report due 11/16/09 0 2nd letter requesting 2009 CUP report 12/9/09 0 Reports received showed noncompliance with KPB 12/23/09 0 3rd & final letter requesting KPB compliance 1/12/10 0 Notified Mr. Voth of revocation hearing scheduled 2/1/10 o KPB notified in compliance A revocation hearin has been set before the Plannin. & Zonin. Commission for Wednesday, August 11, 2010, at 7 p.m. At that time you will have an opportunity to discuss the permit(s) status with the Commission and to address why the Commission should not revoke your permit(s). Any information you would like the Commission to consider at this hearing, should be provided in a timely manner so they have sufficient time to review it. Commission packets for this meeting will be prepared August 5 Information for inclusion must be received no later than 9 a.m. on August 5 CIT/ OF (ENAI Marilyn Kebschull, AICP Planning Administration 81 P106 -26 Voth CUP Revocation Steve & Rick Voth dbaCaptain Bligh's Beaver Creek Lodge Lots 4 & 5, Anglers Acres Subdivision Part 3 1035 & 1045 Angler Drive June 28, 2010 83 Page 1 of 4 PZO6 -26 Voth CUP Revocation June 28, 2010 July 19, 2010 85 Page 2 of 4 PZO6 -26 Voth CUP Revocation July 19, 2010 87 Page 3 of 4 PZ06 -26 Voth CUP Revocation July 19, 2010 89 Page 4 of 4 Captain Bligh From: Captain Bligh [bligh ©captainblighs.com] Sent: Thursday, August 05, 2010 10:57 AM To: 'Nancy Carver' Subject: RE: Revocation Reports for PZ06 -26 & PZ06 -27 Page 1 of 2 Nancy, please attach this email as a response to the compliance concerns for our conditional use permits at 1035 and 1045 Angler Dr to the commissioners packets. The fallowing are steps that we have taken in concern to specific non compliance issues that have been brought to my attention. ▪ Fish carcasses on the river Bank. There has always been a sign on the fish cleaning station that states "throw all fish carcasses into the water ". This can be misleading to my clients because of the extreme tidal fluxes that we have here on Beaver Creek. At high tide there is no river bank showing and there is water lapping up against the cleaning station. The carcasses that were photo graphed were thrown into the water at High tide and when the tide receded all the carcasses remained on the bank. I have placed new signs up explaining to everyone who uses the station that they must take the carcasses down to the end of the dock into the flowing water that is below the extreme low tide mark. O Unsecured trash. The first instance of bear activity took place on a Saturday on the 26th of June while 1 was in homer. Upon my return I immediately ordered a bear proof dumpster and cleaned the trash and debris from the property. I have attached a picture of the bear proof dumpster. • Back Taxes and Fees to KPB and City of Kenai. With the down turn in the economy it has been a real struggle making ends meet, because of this we have sold 1010 Angler Dr and have used those funds to pay all back taxes and assessments. As of August 5th we are in 100% compliance with all back taxes and fees. • More that 3 boats moored at the docks at both 1035 and 1045. It is correct that more than 3 boats were observed on the docks at these two locations. At the time that Officer Douthit took the picture there were three guide boats and one private boat on the dock at 1045 and one guide boat and three private boats moored at 1035. In officers Douthit report he only mentions more than 3 Boats at each location and not more than 3 guide boats. • Leasing dock space. I was not away of a restriction of leasing dock spaces it is and has been a standard practice up and down Beaver Creek. I leased on spot to a private boat for the month of July and one spot to another guide. I have refunded to money to these two gentlemen and will cease leasing dock spaces. • I have developed house rules regarding the cleaning and the storage of trash for the lodge. Please see attached document. ® Unsecured freezers. I realize do to the commercial aspect of our operation that more is expected to keep our clients and neighbors safe. I have purchased and secured all of the freezers by ratchet straps. Thank you for giving me the opportunity and bring the "lodge" back into compliance. Regards, x1512010 91 Capt. Bligh`s C R.E_ F lyouts All Salmon Clam Digging .R.ainbow Trout & GUIDE SERVICES x KX,:;• • Quality Lodging and Fishing Dear Valued Client, Kenai. River, Alaska Luxury Log Cabins, Superb fhe Fallowing House Rules have been developed for both your safety and to ensure your maximum enjoyment of your stay with us here at Beaver Creek Lodge. Thank you for your cooperation. L. Check in time is 2:00 PM and Check out time is 10:00 AM. Early check in and late cheek out times will be accommodated on a case by case basis. 2. To ensure a tranquil environment "Close of Business" for the day will he 9:00 pm and this will be considered the start of "quite time" until 9:00 am the next morning. 3. All fish carcasses will he carried to the end of the dock and disposed into Beaver Creek below the low fide mark. 4. Fish cleaning station will be bleached after each use to ensure a healthy environment. 4, (Ls 1A) k" "ecA 5. All trash will be secured into provided "bear proof' dumpster by Close of Business each day. 6. Provided freezers will be secured by ratchet strap after fish processing has been completed. "Thank you for your cooperation with these house rules. Captain Bligh aces, Fabulous Fishing!! Halibut Fly Fishing Bear Viewing Glacier Tours PO Box 2227 ® 5old.otna, AK. 99669 Surnu r (907) 283 -755() m Toll Free (888) 480- 7919 Maril . n Kebschull From: Sent: To: Subject: HI Marilyn, Czarnezki, John [JCzarn @borough.kenai.ak.us] Thursday, August 05, 2010 10:18 AM Marilyn Kebschull RE: Thoughts A preferred option would be to use an environmentally friendly cleaner like Simple Green or something comparable. If the surface is removable they can take it inside and wash it with a bleach solution or equivalent. (Septic systems can handle small amounts of bleach and still function.) By no means would we want them using bleach right on the river bank. Here's what we do at the River Center: We have a 5 gallon bucket and stiff brush cabled to the fish cleaning table. After someone cleans a fish they dump a pail full of water on the surface and then scrub it off and rinse again. In my opinion, the folks at this site need to collect their fish waste and then haul it in their boat out to the main channel of the Kenai and dump it. (There's not enough current in Beaver Creek to carry the fish waste away at this location.) This needs to happen immediately after they've cleaned their fish. The longer it sits on land the greater the chance for a bear encounter. The owners/managers of this site need to do some people management. They need to inform their clients what is expected of them, how to take care of their fish /fish waste, where they can fish from (e.g. stay on the walkways and off the vegetation), etc. People mgmt is our biggest challenge when it comes to riverbank habitat and protection. John From: Marilyn Kebschull [maiito:mkebschull @ci.kenai.ak.us] Sent: Thursday, August 05, 2010 9:59 AM To: Czarnezki, John Subject: Thoughts John, The CUP we're processing the revocation for is proposing requiring bleach to clean their fish cleaning tables. Any thoughts on using bleach that close to the river? Marilyn K. Kebschull, AICP Planning Administration City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907 - 283 -8235 1 93 ......... . ......... . ....... .. ... ............... ... .............................................................. .. ............ 1:111.1.1 .... .. . .... ':" . . ... .... ..... .......... ... .. I :" . .. .. ..... .... .................. Fi ?il i iii. rE i ? i i iiiirii IF . . . . . . . . . . . . . . . . . . . . . . . . . . . ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 4, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS hi / /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) 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. AMENDED AND FAILED. Ordinance No. 2493 -2010 -- Amending KMC 13.40.040 to 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).) a. Substitute Ordinance No. 2493 -2010 -- Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. 2. PASSED UNANIMOUSLY. Ordinance No. 2498 -2010 -- Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, 97 City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 3. POSTPONED /AUGUST 18, 2010. Ordinance No. 2499 -2010 -- Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 4. PASSED UNANIMOUSLY. Resolution No. 2010 -46 -- Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. 5, PASSED UNANIMOUSLY. Resolution No. 2010 -47 -- Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair - 2010 for the Total Amount of $ 142,486.00. ITEM E: MINUTES 1. APPROVED. *Regular Meeting of July 21, 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. 2500 -2010 -- increasing Estimated Revenues and Appropriations by $ 11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2501 -2010 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan, 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2502 -2010 -- Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2503 -2010 -- Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 98 7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2504 -2010 -- Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 8. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2505 -2010 -- Increasing Estimated Revenues and Appropriations by $7,600,00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry Position at the Senior Center. 9. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2506 -2010 -- Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC). 10. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2507 -2010 -- Amending KMC Section 14.20.050 to Require that Destroyed or partially Destroyed Non - Conforming 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 Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. 11. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2508 -2010 -- Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund. 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 99 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. 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. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT 100 MEMBERS: JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Cindy Ecklund Seward City Term Expires 2011 Mari Anne Gross Southwest Borough Term Expires 2011 Linda Murphy Soldotna City Term Expires 2011 Jason Tauriainen Northwest Borough Term Expires 2011 ALTERNATES: Paulette Bokenko- Carluccio Seldovia City Term Expires 2012 James Isham Sterling Term Expires 2012 KENAI PENINSULA BOROUGH PLAT COMMITTEE DONALD E. GILMAN RIVER CENTER 514 FUNNY RIVER ROAD SOLDOTNA, ALASKA 99669 5:30 p.m. August 9, 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. July 19, 2010 Prat 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. Henley Addition No. 6 KPB File 2010 -108 [Johnson /Knapp, Moore] Location: On Borgen Avenue outside Kenai City Limits 2. Miller — Bastien Sub 2010 Addition KPB File 2010 -111 [Johnson /Cox] Location: Off Pipeline Road in North Kenai area 3. Mullen Homestead Sub Addition No. 6 KPB File 2010 -110 [Segesser /Mullen] Location: City of Soldotna 4. Sidback Homestead N/C KPB File 2010 -113 [Lobdell /Sidback] Location: On Halbouty Road in North Kenai 5. Marimac Four Sub 2010 Addition KPB File 2010 -114 [Imhoff /Schneyer] Location: On East End Road in Homer K -Bay APC 6. Cowgill Acres Whip Addition KPB File 2010 -115 [Imhoff/Whip] Location: On Kokomo Road in Homer F. FINAL SUBDIVISION PLAT PUBLIC HEARING 101 qb G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, August 23, 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: planning( borouoh.kenai.ak.us web site: www. borough .kenai.ak.us /olanningdept 102 2 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2011 Dr. Rick Foster PC Member Homer City Term Expires 2013 Marl Anne Gross PC Member Southwest Borough Term Expires 2011 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 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Linda Murphy Parliamentarian City of Soldotna Term Expires 2011 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 KENAI PENINSULA BOROUGH PLANNING COMMISSION DONALD E. GILMAN RIVER CENTER 514 FUNNY RIVER ROAD SOLDOTNA, ALASKA 99669 A. CALL TO ORDER B. ROLL CALL August 9, 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 - controverslal 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. Stanley's Meadow No. 19 Rodengen Addition KPB File 2009 -115; Imhoff / Rodengen Location: Off Grayling Lane, Homer area b. Ten Mile Subdivision No. 2 KPB File 2009 -092; Johnson /Mullen Location: Anchor Point area within Anchor Point APC c. Silent Hills Subdivision KPB File 87 -105; Johnson /Galley Location: Southeast of Funny River Road *2. Planning Commission Resolutions a. Resolution SN 2010 -10; Renaming certain existing streets within Si 1 T4S R15W in ESN 401; and within S29 T7N R11W in ESN 501 (1) Old Sterling Hwy partially shown on plats HM74 -1067 Stariski Park 1974 Addition & HM79 -134 Stariski Park 1979 Addition; Renamed to Alta Loop. (2) Sunshine P1 dedicated within HM 82 -66 Old Pioneer & HM 83 -131 Old Pioneer No 2; Renamed to Jody Bliss Rd. (3) Curry Ln dedicated within KN1406 Nikishka Subdivision No 3 as an unnamed rd; Named Curry Ln by Street Name Resolution 1997 -05; Renamed to Curry Cir. (4) Curry Ln dedicated within KN1437 Nikishka Subdivision No 5 as an unnamed rd; Named Curry Ln by Street Name Resolution 1997 -05; Renamed to Basil Ln. (5) Bird St dedicated as Byrd Dr within KN 77 -25 Resubdivision of Tract 4 Heistand Subdivision & KN 2002 -33 Bird Homestead Subdivision; Renamed Bird St by SN 2005 -05; 103 1 Jason Taurlainen PC Member Northwest Borough Term Expires 2011 Max J. Best Planning Director Dave Carey Borough Mayor Partially vacated by KN 2008 -138 Bird Homestead Subdivision Part 3; Renamed to Bird Cir. (6) Estelle Ave (West) dedicated within KN 77 -25 Resubdivision of Tract 4 Heistand Subdivision & KN 98 -50 Pilot's Bend Subdivision Part Four; Renamed to Fore Cir. (7) (8) (9) Birdie Cir dedicated within KN 2002 -33 Bird Homestead Subdivision; Renamed to Fore Clr. Estelle Ave (East) dedicated within KN 2002 -33 Bird Homestead Subdivision & KN 2009 -97 Bird Homestead Subdivision Part 4; Renamed to Estelle Ct. Banta St surrounded by Government Lots 56 -61 & 72 -77; Officially named Banta St by Ordinance 85 -35 establishing the first official street name base maps; Renamed to Jobber St. *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) - None `5. Plat Amendment Request a. V.A. Edington Green Acres Addition KPB File 1999 -085; Imhoff /Beachy Recording No. HM 1999 -42 Location: Waterman Road and Glacierview Road b. Glacierview Ranch Judy's 1999 Addition KPB File 1999 -005; Imhoff /Minton Recording No. HM 1999 -21 Location: Lusky Road on East End Road c. Outlook Subdivision No. 2 KPB File 2000 -095; Imhoff /Chitty Recording No. HM 2000 -32 Location: Southwesterly of North Fork Road d. Christensen Tracts Hough Addition KPB File 2001 -092; Imhoff /Hough Recording No. HM 2001 -27 Location: City of Homer *6. Coastal Management Program - None *7. Commissioner Excused Absences *8. Minutes a. July 19, 2010 Plat Committee Minutes b. July 19, 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.) 104 2 1. Reappointments to the Planning Commission a. Philip Bryson, City of Kenai b. Alice JoAnne Collins, Ninilchik / Anchor Point c. Rick Foster, City of Homer d. Harry Lockwood, Ridgeway 2. Appointment to the Planning Commission a. Sandra Key Holsten, East Peninsula E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Resolution 2010 -_; Resolution to classify certain Borough lands located in the Kenai, Sterling, Cohoe, Happy Valley, and Fritz Creek areas, pursuant to KPB Code of Ordinances, Chapter 17.10.080. 2. Ordinance 2010 - ; Authorizing the Sale of Certain Parcels of Borough Land by Sealed Bid 3. Resolution 2010 -13; Conditional land use permit application has been received for sand and gravel extraction in the Westforelands area. Landowner /Applicant: Salamatof Native Association, Inc. / Cook Inlet Energy, LLC; Location: KPB Tax Parcel ID #: 221 - 040 -16; 5.4 acres within the 9,216.59 acre parcel; S5 & 8 T8N R14W SM. 4. 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. Unnamed Public Easement ADL 38168 within KN Govt Lots 16 & 17 & E1/2 W1/2 NW114 SE114 excluding Kalifornsky Beach Rd; T 4N R 12W Section 13 Seward Meridian, AK; off of Kalifornsky Beach Rd within the Kalifornsky community; ESN 302; REASON FOR NAMING: Access to KN 0001611 Kalifornsky Subdivision; PROPOSED NAME: Felicity Dr b. Unnamed Private Rd within HM 83 -51 Silver King Camp & HM 85- 45 Silver King Camp III; T 5S R15W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: Access to lots in Silver King Camp; PROPOSED NAME: Ann Rd c. Unnamed Private Rd within HM 85 -45 Silver King Camp III; T 5S R15W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: Access to lots in Silver King Camp; PROPOSED NAME: Ann Ct d. Unnamed Private Rd within HM 83 -51 Silver King Camp; T 5S R15W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: 105 3 g. Access to lots in Silver King Camp; PROPOSED NAME: Riparian Loop e. Unnamed Private Rd within HM 83 -51 Silver King Camp; T 5S R15W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: Access to Tots in Silver King Camp; PROPOSED NAME: Burbot Ct f. Unnamed Private Rd within HM 83 -51 Silver King Camp & HM 85- 45 Silver King Camp III; T 5S R15W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: Access to lots in Silver King Camp; PROPOSED NAME: Lamprey Rd Unnamed Private Rd within HM 83 -51 Silver King Camp; T 5S RI5W Section 4 Seward Meridian, AK; off of Anchor Point Rd within the Anchor Point community; ESN 401; REASON FOR NAMING: Access to lots in Silver King Camp; PROPOSED NAME: Sculpin Way G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. SPECIAL CONSIDERATIONS 1. Removal of the Restriction of Note 10 from Tice Acres Reprat No. 1 KPB File 2010 -109 Resolution No. 2010 -12 Location: Diamond Ridge Road in Homer 2. C & H Estates Lot 22 Bldg. Setback Exception KPB File 2010 -112 Resolution 2010 -14 Petitioner: Andrea R. Phillips Location: On Taku Avenue in Homer J SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 6 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. LEGAL REPRESENTATIVE COMMENTS O. DIRECTOR'S COMMENTS P. COMMISSIONER COMMENTS Q. PENDING ITEMS FOR FUTURE ACTION R. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 106 4 Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce August 17, 2010 7:00 p.m. Cooper Landing Cooper Landing Community Hall September 8, 2010 6:00 p.m. Hope / Sunrise e SoHopHall September 9, 2010 7:00 p.m. 1. Kenai Planning & Zoning Commission Minutes - June 23, 2010 July 14, 2010 2. Seward Planning Commission Minutes - June 1, 2010 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, August 23, 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 webslte. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 -714 -2200 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 Fax: 907 - 714 -2378 e -mail address: planninc aborough.kenai.ak.us web site: www. borough .kenai.ak.usholanningdept 107 5 June 25, 20101 Volume 4 i Nc. 12 Zoning Bul :etin communities had to, among other things: "adopt local zoning bylaws to encourage and speed up permitting for renewable energy projects "; "agree to purchase only fuel-efficient vehicles for their municipal fleet whenever possible "; and "had to require all new residential construction over 3,000 square feet, as well as all new commercial and industrial real estate construction, to save energy by adopting new building codes." Source: The Boston Globe; www.boston.com NORTH CA OLLNA Currently, under the City of Raleigh's zoning code, gardens are only allowed as "accessory uses." This has been an irrnpediment to those who want to use empty lots for community gardens. The city's plan- ning director is reportedly planning to report to the city council on how to change the city's zoning code to allow cornrnunity gardens. Source: Raleigh Public Record; www.raleigublicrecord.org PEN YLV IA The Pittsburgh City Council will soon take final action on legislation that would change the process of development approvals in educational and medical districts. The proposed legislation would "tighten zoning regulations by requiring council to vote on construction of dormitories, assembly halls, parking garages, restaurants and many other uses in university and hospital areas." it also proposes to "shift the power to set zoning fees from the City Planning Department to council." Source: Pittsburgh Post- Gazette; www.post- gazette.com Editorial Quesfl s ov Comments: west quinia : @thoms nr r arrsoc m 12 © 2010 Thomson Reuters WEST. ':Tested Right—City issues stop work order on construction of sign that violates zoning code 2. Illegal Zoning —City ordinances effectively create an exception from a city -wide billboard moratorium for a city -owner proper..7 Fees—Citizens group contends cob my shoreline regulations violate state statutory prohibition on direct fees 011 deve :opment Special Exception— Zoning ordinance allows religious use by special exception permit 7 Use- Agricultural— Landowner contends parcel is no longer "agricultural land" subject to - preservation goals because it is no longer profitable Zoning News from Around the Nation 4083i243 June 25, 2Ci01 Volume4 No. 12 Zoning Bulletin Vested R :hlt -C y issues stop work order on .onstruction of sign that votes zoning code Jigs owner argues it has a vested right to use the sign, which complies with a city issued hermit �itatiozi: F'alla Nursery, iJ City of Chanhassen, 2010 WL :791163 (Minn. 2010) MINNESOTA (05/06/10)—This case addressed the issue of whether a homeowner can have a vested right in an erroneously issued permit. The Background/Facts: Donald and Sandra Halla leased their real property in the city to Halla Nursery, Inc. (collectively, "Halla "). In 2005, Halla applied for a sign permit �from the city. '-calla planned erect an illuminated monument sign that would be approximately 9 feet tall with a total area of 102 square feet." Halla's application also indicated that the sign would have electronic message centers. The city planner issued a permit for the new sign. Thereafter Halla began construction of the sign at a cost of $124,000. When coast uctdon of the sign was nearly complete, the city issued a stop work in response to a citizen complaint. The city's order was based the fact that the city zoning code (the "Code ") required a conditional else permit . for electronic message centers. Additionally, the city determined . Contributors Corey E. 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Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box 54526 St. Paul, MN 55164 -0526. For subscription information: call (800) 229 -2084, or write West, Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, RO. Box 64525 St. Paul, MN 55164 -0526. a ty 510 Opperman Drive 0 P.O. Sox 64526 ' St. Paul, MN 55164 -0526 1 -800- 229 -2084 email: west. customerservice ©thomsonreuters.com west.thomson.comlquinlan ISSN 0514 -7905 c 0 2010 Thomson Reuters. All Rights Reserved. quinlanTM {s a Thomson Reuters brand. 2010 Thomson Reuters Zoning Bulletin rune 25, 2010 I Volume 41 No. 12 part of a single `farm unit,' the parcel is within the unit unless the appli- cant can [show] circumstances ... that dictate a contrary result" —such as if there was "a significant obstacle to resumed joint [farming] operation." The court found that Garden Valley's 259 -acre Parcel was "within" the 590 - acre "farm unit " - despite the 2005 cessation of joint use. Like LUBA had, the court found there was "no possible dispute that the for - Tier ranch was a `farm unit' for purposes of [Goal 3]." This was be- cause: (1) there had been a "long and recent history of use for a hay/ grazing operation" that included the Parcel; and (2) there had been no significant changes to the total parcel's soil, water or forage that would preclude a resumed hay /grazing operation. The court also found that Garden Valley could not show "a significant obstacle to resumed joint [farming] operation" with the 590 -acre parcel. - Since the Parcel was found to be within the "farm unit," it was "ag- ricultural land" subject to the state land preservation goals of Goal 3. See also: Department of Land Conservation and Development v. Curry County, 132 Or. App. 393, 888 P.2d 592 (1995). See also: Riggs v. Douglas County, 167 Or. App. 1, 1 P.3d 1042 (2000). Zoning News from Around the Nation DELAWARE Sussex County Council recently enacted a "six - month moratorium on casino, gambling and gaming facility applications itt unincorporated areas of the county." The moratoriLU -n was reportedly enacted so as "to allow staff more time to prepare a zoning ordinance specifically dealing with zoning, regulations and restrictions relating to gambling venues." Source: Cape Gazette; www.capegazette.corn lk/fLARYLA D Howard County is expected to soon consider legislation that is "de- signed to bring the county's referendum laws in line with the state's." Among other things, the expected legislation would propose to remove "a unique Howard County requirement that petitions include a disclo- sure statement when circulated by people who are being paid." Source: Columbia Flier; wwww.explorehoward.com IVi:ASSAC - SE ! ;t S Corrinonwealth officials recently designated 35 cities and towns as the Commonwealth's "first official Green Communities." This designation -lakes them eligible for "$8.1 million in grants for local renewable power and energy - efficiency projects." In order to achieve this designation, the 7 ?n in ,trod, Tune 25, 201 C Volume 4 I No. 12 Zoning Bulletin that is necessary to permit farm practices to be undertaken on adjacent " Goal 3 or nearby agricultural lands." (OAR c'�0- 033 - 0020( ")(a }.) 1 also 3 provides that land in other soil Classes that is ad to or intermin- gied wTith capability classes "within a farm unit, shall be inven- toried as agricultural lands even though this land may not be cropped r grazed[. i "(OAR 660-033-0020(1)(b).) "Farrn unit" is not defined. So tie opposed Garden Valley's request (the "Opponents") because, if i t t ie coax_n`y d Garden Valley's request and determined that the �_z.. , g- i a la t 259 -acre Parcel was not "agricultural land," it would open the door for subdivision of the Parcel into residential lots. The Opponents ar- gued that the Parcel "must be considered as part of a farm unit be- cause there [was] no physical impediment to its continued joint use" with the rest of the original 590 -acre ranch. As part of a farm unit, the Opponents argued that the Parcel was "agricultural land" on which development was precluded under the state's land use preserva- tion Goal 3. Uiti riately, the county determined that, because the 590 -acre ranch could not be used profitably for grazing, it was not suitable for "farm use" and therefore, was not a "farms unit." Accordingly, the county de- erm t G , c ,_ '� c t <,l ivied that Garden Valley's 259-acre Parcel (which had, until 2�0., been parr of the 590 -acre ranch) was not within_ a "farm unit" and therefore could not be inventoried as agricultural land under Goal 3. Ultimately, based on the county's determination, the county approved amendments to its comprehensive plan and zoning maps that would al- low the Parcel to be divided into five -acre residential lots. The Opponents appealed to the stare Land Use Board of Appeals ("2.UBt1."). LUBA first determined that, conrrary to Garden '!alley's arguments, "profitability" of the Parcel was not to C o: ., be considered un- der :oat 3. i UBA=' ultimately concluded that Garden Valley's 290 -acre 1 was within a "farm Unit" for the purposes of Goal 3. LUBA re- versed the county's .decision. Garden `.!alley appealed to court. The Court's Decision: Decision of L J3A affirmed. The Court of Appeals of Oregon concluded that Garden 7 /alley's 259 -acre Parcel was "within a farm snit" so as to be agricultural land, precluding development under the state's land use preservation Goal 3. In reaching that conclusion, the court held that "profitability 'was] not r_ consideration_ in determining whether the 590 -acre ranch an this case Jiwasl a 'farm unit ' The determination of whether a parcel is a farm unit does not depend on the paIcel's quality, but on its location within and relationship to ±e contiguous whole." Furthermore, the court noted that, T cases like this where farm operations "have recently ceased on a parcel that historically has been used for farming operations with. other lands as a7nin T;^nrncnr; Ras itarc Zoning Bu#ietin June 25, 2010 [ Vo #urge 41 No. 12 that Halia's new sign exceeded the Code's size requirem. ent for signs. The city planner had issued the sign permit to Haifa in error. Halla hied a legal complaint in court against the city Among other things, Halla argued that it "acquired a vested right : to complete and use the sign." In other words, Halla maintained that because it sub- stantially completed construction of the sign in good faith reliance upon the permit issued by the city planner, it had a vested right to use the sign in accordance with the terms of the permit. The district court agreed with Halla. It held that "because Halla had substantially completed its sign at the time the City issued the stop - work order, Halla had vested rights to use the sign." The city appealed. The court of appeals reversed the district court. It held that Haila did not have vested rights to use the sign because Halla was aware that construction of the sign was prohibited by the relevant provisions of :he Code. =ally appealed. The Ccurfs Decision: Judgment of court of appeals affirmed. led. The Suprerne Court of Iv/snnesota held that Halla did not acquire a vested right to complete and use the sign. The court explained that it typically applied the vested rights doc- trine to situations where a landowner substantially completes a project in reliance on a permitted use for the land and that use is subsequent- ly prohibited by a change in law. The court emphasized that "vested rights do not arise from an erroneously issued building permit." "[T]he vested rights doctrine does not apply when a landowner substantially cornpietes a project in reliance on an erroneously issued sign permit." Here, the city did not change zoning laws after the permit was issued to Halla thus malting the sign illegal. Rather, 'Fiala was erroneously is- sued a sign perrnit. Because the permit was erroneously issued, it con- ferred no vested property right—despite the fact that Halla made sub - r 4 stantial progress -in construction of the sign in reliance on that permit. Sae also: Snyder v. City of Minneapolis, 441 N.ti�✓.2d 781 (Minn. 1989). See also: Ridgewood Deveiopnent Co. v. State 294 N.W2d 288 (Minn. 1980). Case Note: in its decision, the court noted that "[ o]hher state supreme courts that have considered the issue have all concluded that vested rights do not arise from an erroneously issued building permit." Case Note: The court also held that the sign violated the terms of a 1997 stipulation and judgment between the city and Halla. That stipulation prohibited illuminated signs and required Halla's signs to ,e in compliance with the Code. (C) 7(1( -1-tri mcr n Rpm mart June 25, 2010; Vo,urne ) No. 12 Zoning 3u etin !He , Zoning —Conn ordinances effectively create an exception from city- Rr ;id CN:bo n moratorium for a dWy- vvned property Ot e:. property owners. challenge those ordinances as illegal long Citation: MBC Realty, LLC v. Mayor and City Council of Baltimore, 2010 }XIS 1779672 (Md. Ct. Spec. App. 20 10) MARYLAND (05/05/10)—This case involved the challenge of an or- dinance allowing for billboards on a publicly owned sports arena as an exception to the city's overall bar• on new billboards. The case addresses the issues of illegal piecemeal zoning, spot zoning, and contract zoning. The Background/Facts: In 2000, the Mayor and the. City Council of Baltimore (collectively, the "City") enacted an ordinance that imposed a moratorium on new billboards (the "Billboard Moratorium "). Approxi- mately three years later, the City enacted three ordinances— Ordinance 03-513, Ordinance 03- 514, and Ordinance 03-515—which together cre- ated a conditional use for new billboards on publicly owned stadia and arenas in the city's B -5 zoning district and granted such a conditional use _to the city, as owner of such an arena (the "Arena "). Effectively, ±e ordi- nances allowed the City an exception tothe Billboard Moratorium. The three ordinances were challenged in court by various opponents the owned or had interests in properties in the vicinity o_ y Elie Arena (the "Opponents "). Among the challenged ordinances was Ordinance 03 -514 (the "Ordinan_ce "), which, more specifically: amended the text of the city's zoning code to create for the B-5 district a conditional use for new billboards on publicly owned stadia and arenas. At the time of the Ordinance's enactment, the city -owned Arena was "the only property that not only was eligible for such a conditional use but also would have any need to apply for it." The Opponents argued that the Ordinance was illegally enacted. Among other things, they argued that the Ordinance constituted: (1) "piecemeal zoning "; (2) "illegal spot zoning "; and (3) "illegal contract zoning." Eventually, the circuit court declared the Ordinance valid. The Opponents appealed. The Court's Decision: judgment of circuit court affirmed. The Court of Special Appeals of Maryland held that the City's pas- sage of the Ordinance was: (1) not improper piece -meal zoning; (2) not improper spot zoning; and (3) not contract zoning. In reaching its decision, the court first explained that although pas- sage of the Ordinance was passage of a text amendment and not origi- nal or comprehensive zoning, it was still "in the nature of a legislative action." As such, the Ordinance carried a "presumption of validity." Zoning Bulletin }une 25, 2010 i Vcftsme 4 € No. 12 See also: Genesis Assembly of God 24 Davies, 208 A.D.2c' 627, 617 N. ..S.2d 202 (2d Dep't 1994). Case Note: The court also held that the Church had standing (i.e., the legal right) to bring an application for a special exception permit. The Board had contended that the Church did nct have standing because the Church Had indicated that it was a "chari- table corporation, rather than a religious one." The BZC' allo'7erd "religious ase" by special exception permit. The court ab� said that "the determination of 'religious use' focuses on the troy osed use r the V itself, not .le _ s���eu nature of the organization." IUs_r wrcuiuurraA —Lr "• d rIP —' Colter ors raarce no longer ..agrkuVtu {ra f, an Gib ct t presentation goals because. is 6 ]o c o g ( pro, E"Wab'le Opponents parcel. r f - f? `S��1L9 ti.�li"�Lv =ice= �ckCer `;� _1:hT� '!%t�ii " sd�� 'i=y 4. ;s he efore stili p yec1ec. 'La.gr cu tir^a land" Citation_: Wetherell v. Douglas Count';, 235 Or. Abp. 246, 2010 WWL 1579384 (2010) OREGON (05/12/10)—This case addressed the issues of: (1) what is a "farm unit," subject to state land use preservation goals; and (2', whether a particular parcel of land was a "farm unit," limiting the owner's r develop the land. Ciwri.._ S ability to Qii tint., laF_�. The 3ac_(gOT ndiFacts: In 2006, Garden Valley Estates, LLC ("Garden Valley") aco fired a 259 -acre parcel (the "Parcel ") in the county. The Par- cel was designated "A gricuiture" and Use-Graz- ;� � ar. zoned "Exclusive j =ar- ing ". The Parcel had, until 2005, been pa_ of a 590 -acre livestock rant . Alter acquiring the Parcel, Garden Valley contended that it could not be used pro: tabiy for grazing. it asked the county to make a determna- tion that the Parcel was "non -resource land and for that reason not sub - ject to [`Goal 3' of Oregon's statewide land use planning goals, adopted by the state's Land Conservation and Development Corrxinission]." "Goal 3" was "designed to facilitate the preservation of agricultural land," as directed by Oregon statutory law (ORS 215.243). "Agricul- tural land," as defined in Goal 3, includes: land classified as predomi- nately containing certain specified classes of soil — "capability classes I- TVr -VI," depending on location; land in other soil classes that is suit- able for farrrh use, taking into consideration certain factors; and laid 4 e 2010 Thomson Reuters © 2010 Thomson Reuters 4 _u; e 5 20 ! Li'ciume 4 No. 12 Zoning ' nablic's health, safety, welfare and morals,' including, [among other cgs], `significant traffic congestion' or a `substantial adverse effect o surrounding property values.'" The 'ho could deny the perrait if for? d significant negative i npacts that could not be :mitigated. After the 2007 Amendment, the Church filed with the town an a.p- plicatior, for a special excep_ion Permit. The Board denied the Church's application_ in its entirety. The Church brought a legal action, asking the court to an_rini the ?cam' determina The Supreme Court denied the Church's request. It held that the 3oaro's determination was "rational, and not arbitrary and capricious." The Church appealed. The Coy ft's Decision: judgnaeant. of the Supreme Court reversed and —ratter remanded 'lo the Board., Me Supreme Court, Appellate. Division, Second Department, New York, held that the town's unconditional denial of the Church's appli- cation for a special exception permit was an abuse of discretion." _n so 'Molding, the court explained that, " [u] ,like a use variance, a `special exception allows the prooerey owner to put his property to a use expressly permitted by the ordinance... subject only to conditions attached to its use to minimize its imnact on the surrounding area.'" The court also emphasized that although religious institutions are not exempt from local zoning laws, "greater flexibility" must be given to the evaluation of an application- for a religious use than an application for another use. "[Elver effort to accommodate the religious use must be made," said the colt. Thus, here, the court said the Board was required to "suggest measures to accommodate the [Church's] religious use while _aitigahag [its] adverse effects on the surrounding community..." The court found that the Church's proposed religious use "could have been substantially accommodated." However, it also found that "the Board suggested no measures that would have accommodated [it] while !.litigating the adverse effects on the surrounding community." Accordingly, the court annulled the Board's denial of the Church's application for a special exception permit. And, it remitted the matter Y to the Board with a direction to grant the Church a special exception necmit "under such reasonable con_itions as will allow the proposed religious use while n?itigating any detrimental or adverse effects upon the surrounding community." .,,.e also: North Shore Steak House, Inc. v. Board of Appeals of Incor- orated Village of Thomaston, 30 N. Y2d 238, 331 N.Y.S.2d 645, 282 N.E.2d 506 (1972). Zoning Bulletin June 25, 2010 Volume No. 12 Still, the court noted that a presumption of validity does not apply from piecemeal zoning (i.e., the change from one zoning classification to another, of a particular property). Rather, the court noted that such a zoning change was, by definition, a "derogation of the comprehensive zoning scheme." I!n any case, the court held that the passage of the Or- dinance did not amount to improper "piecemeal zoning" because there was no change in the zoning classification of the Arena. The Arena was in the same zoning district (B -5) before and after the Ordinance was enacted. The only change was the addition of a conditional use to the uses allowed in. the B -5 district. The Opponents had also argued that the Ordinance constituted "il- legal spot zoning." The cour`_ disagreed. The court explained that "[Si pot zoning occurs when a small area in a [zoning district] is placed in a different zoning classification than the surrounding property." Again, the court noted that the Arena property "was not rezoned at all; its zoning classi5cation remained the same." Nevertheless, tfie Opponents argued "that, even if no actual zoning re- classification of the Arena property occurred, the virtually simultaneous enactment of the Ordinance and [Ordinance 33 -515, which granted the conditional use to the city] was tantamount to a reclassification" and thus tantamount to illegal spot zoning_ Again the court disagreed. It fond the city was not treating the Arena property as if its zoning classification had been changed. Rather, "there never were, and still are not, any zoning districts in [the city] in which new billboards were (are) permitted uses." .ere, the Ordinance only adopted "a zoning vehicle" for the Ciro to use to seek to obtain an exception from the Billboard Moratorium_. Finally, the court also concluded that the passage of the Ordinance :lid nor amount to illegal "contract zoning," The court explained that con- tract zoning g occurs when: the zoning authority and applicant/property owner contractually agree how the property in question will be zoned. Here, the court found there was no evidence of any sort of a contract be- tvaeen the City Council and the Arena property owner (i.e., the City) and its Arena-tenant involving an agreement as to how the Arena was to be zoned. Moreover, the court found that the Ordinance "did not confer a special privilege" upon the City as Arena- owner or on the Arena- tenant. This was because the Ordinance only made the Arena property eligible to apply for the conditional use permit for new billboards. See also: Mayor and Council cf Rockville lz-ilyiyns . Enterprises, Inc., 372 Md. 514, 814 A.2d 469 (2002). Case Note: The court also held that the ordinance (Ordinance 03 -515) that granted a conditional use to the City for the Arena property was supported by substantial evidence in the record. June 25 20101 Volume 4 j No. 12 - Zoning Bulletin gees—Citizens group contends county shoreline Tegu i 1 ations v[oOate state statutory prohfb on1 on direct fees on dev opment County says regulations are a product of state replatory rL that which is not sub e� to that stat gory prohibition Citation: Citizens for Rational Shoreline Planning v. Whatcorn County, 2010 WI, 1839407 (Wash. CL. App. Div. 1 2010) WASHINGTON (05/10/10) —This case addressed the issue of whether county shoreline master programs, which restrict building ar- eas, violate a state statutory prohibition on the imposition of direct or indirect taxes, fees, or charges on development. The Background/Facts: As required by Washington's Shoreline Management Act ( "SIVIA "), the county adopted a shoreline master program ( "SMP "). As part of that process, and also as required by the SMA, the state's Department of Ecology ( "DOE ") reviewed and ap- proved the SMP. Citizens for Rational Shoreline Planning ( "CRSP ") then sued the county. CRSP alleged, among other things, that several provisions in the SAP violated state statutory law, RCW 82.02.020. That statute prohibits municipalities from imposing direct or indirect taxes, fees, or charges on development. CRSP contended that the county's "SMP provisions requiring various buffers from shorelines and restricting the building area of non - conforming lots to no more than 2,500 square feet [were] indirect taxes, fees, or charges imposed on development by a local government," in violation of RCW 82.02.020. The county and the DOE (which intervened as a defendant in the case) asked the court to dismiss the case. They argued that since the SMP was a product of state regulatory action —via the SMA —and since state regulatory action was not subject to RCW 82.02.020 —then. RCW 82.02.020 did not apply to the SMP. The trial court dismissed the case. CRSP eventually appealed. The Court's Decision: judgment of the trim court as ,med. The Court of Appeals of Washington, Division 1, agreed with the county and the DOE. It held that SMPs were not subject to RCW 82.02.020. In so holding, the court first explained that RCW 82.02.020's statu- tory prohibition on municipalities from imposing direct or indirect tax- es, fees, or charges on development was "not limited to the extraction of monetary payments." The court further explained that the purpose G rl 7f'1r Thnrncnn Pot Etnrc Zoning BOetin .iune 25, 2010 I Volume 4 ; No. €2 the the statutory prohibition was to: stop general social costs from f be- ing imposed on developers, while at the same time allowing costs di- rectly attributable to the development to be imposed on the developer. The court emphasized that "by its plain terms" RCW 82.02.020 did not apply to actions taken by the state government; it only applied to local political subdivisions of the state. Looking at the SMP and S!'1 , the court found that the S re- quired significant state involvement in the development of SMPs. Ar-:ong other requirements, and most significantly, the SMA provides that a SMP becomes effective only upon approval by the DOE. Also, the DOE can only approve an SI'.4P if it determines the SMP is con- sistent with both the SMA and DOE guidelines. Given this "perva- sive level of state control over and involvement in the development of SM?s," the court concluded that SIviPs do not constitute regulations subject to RCW 82.02.020. • See also: Biggers v. City of Bainbridge Island, 162 /ash. 2d 683, 169 rid 14 (2007). See also: Orion Corp. v. State, 109 Wash. 2d 621, 747 ?2d' 1062, 18 Envtl. L. Rep. 20697 (1987)). Sped Exce toe — Zoniro; ordinance aUows relicjous use by spec La exception pe7nft Zo ning board denies Flt; its entirety thurc application for such a permit Citation: Capricia v. Wright, 2010 VI 2000320 (N ..A.D. 2 riei7t., 1Mlay 1E, 2010) NEW YORK (05/18/10)—This case addressed the circumstances in which a zoning board might deny a special exception permit in its en- tirety as opposed to approving such a permit subject to mitigating mea- sures. It also addressed the degree of "flexibility" that must be given to religious uses compared to other uses. The Backgrouasd/Facts: Walk in. Love for Jesus Church, Inc. (the "Church ") owned premises if a residential zoning district in the town. Since 2004, the Church had held religious services on those Premises. The town's Building Zone Ordinance (the "BZO ") expressly permit- ted religious uses in residential districts. However, in 2007, tine .BZO was amended to require `.`a special exception permit" for the establish - r rr?ent or expansion of a religious use in any zoning district (the "2007 Amendment"). The BZO expressly provided that the town's Board of Appeals (the "Board ") could grant a special exception permit if the proposed use "would not cause 'significant negative impacts' on the STAFF REPORT To: Planning & Zoning Commission - File Date: July 26, 2010 Res: PZ10 -32 GENERAL INFORMATION Applicant: For: ANAL VSIS General Information: Anthony W. Epple 907 - 276 -4647 Boslough Construction, Inc. 731 I Street, Suite 200 Anchorage, AK 99501 ACS Retail Store 10128 Kenai Spur Highway Kenai, AK 99611 Requested Action: Landscape /Site Plan — ACS Retail Store Legal Description: Lot 3, Baron Park Subdivision, 2008 Replat Street Address: 10128 Kenai Spur Highway KPB Parcel No.: 043361 10 Existing Zoning: Light Industrial Current Land Use: Vacant Land Use Plan: Central Commercial KMC 14.25 specifies the regulations for landscape /site plans within the City of Kenai. The City has received a landscape/site plan for a new ACS Retail Store. The store will be located at 10128 Kenai Spur Highway on one of the Wal -Mart out Tots. During the development of the Wal -Mart superstore, the area was landscaped. Because of the WaI -Mart landscaping, this is a very basic landscape plan and will include minor landscaping in the disturbed areas. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. ® Scientific or common name or type of planting materials to be used in the project. o This planting schedule identifies White Paper Birch trees and Goldflame Spirea shrubs. In addition, lawn will be included in the plan. 115 N• PZ10 -32 Comments Page 2 • Typical planting details. o Shown on the site plan. • Location of all planting areas and relationship to buildings, parking areas and driveways. o The plan shows the planting areas, building, parking spaces, and access. • Identification and location of existing vegetation to be retained. • This property was landscaped during the Wal -mart development. The plan shows the area to be disturbed and the planned landscaping in the disturbed areas. o Paved areas (asphalt} are shown on the plan. Concrete areas identified on the plan. O Identification of on -site snow storage areas. o Snow storage is located at the rear of the parking lot. • Drainage patterns. o Drainage was planned and installed with the Wal -mart development. A site and soils investigation report provided with the plans note that drainage can be accommodated to the Kenai Spur Highway and Wal -Mart Access Drive drainage systems. Site plan identifies the location of a storm drain inlet. • Description of buildings, including building height and ground floor dimensions. o Location and size of the building is identified on the plan. This is a single -story building. • Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o The plan provides site details for this parcel. Section 14.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping - involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o This is a large site and phase one of a phased development. Because of the phasing, the perimeter of the majority of the site will be undisturbed. The area along the WaI -mart Access road and adjacent to the building shows planned landscaping. The perimeter around the disturbed areas will be landscaped with grass. • Interior Landscaping - involves areas exclusive of the perimeter and parking lot areas. o No interior landscaping is planned. • Parking Lot Landscaping - involves areas adjacent to or within parking lots and access drives. o No parking lot landscaping is shown. • Street- right -of -way Landscaping - intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Included in perimeter landscaping. In addition, the area along the 116 PZ10 -32 Comments Page 3 The following are required in the site plan: • Parking The plan provides for 13 parking spaces with 2 handicapped spaces. The plan shows the building as 2638 square feet. Retail businesses require 1 space per 300 square feet. The proposed business requires 9 spaces and 1 handicapped space. The parking shown meets parking requirements. O Parking Lot. o Parking lot must be paved. Paving must be completed within two (2) years after the certificate of occupancy is issued. Plan shows asphalt parking areas. ® Snow storage. o Shown on the site plan at the rear of the parking lot. o Dumpster. o Plan identifies the location for the dumpster enclosure at the rear of the parking lot. Dumpster enclosure is shown on the site plan and will be constructed of concrete blocks. RECOMMENDATIONS This plan is landscape /site plan for an ACS retail store to be built near Wal -mart. The building permit has been submitted and is being reviewed by the Building Official and Fire Marshal. The plan as submitted meets the intent of the City's landscape/site plan requirements. The plan is approved with the following requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 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 Wal -mart Access Road is landscaped. 117 CITY OF IENAI PLANNING AND ZONING COMMISSION RESOLUTION NO,1PZIO -32 LANDSCAPE/SITE PLAN PERMIT A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED PRELIMINARY LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached preliminary Landscaping/Site Plan was: ® Received by: Marilyn Kebschull, AICP, City Planner • Submitted by: Anthony W. Epple, Boslough Construction, Inc. • Submitted for: ACS Retail Store — Double Glacier Builders, LLC ® Property Address: 10128 Kenai Spur Highway • Legal Description: Lot 3, Baron Park Subdivision, 2008 Replat • Parcel No.: 04336110 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 storrn 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: Date: 118 Resolution PZ10.32 Page 2 Additional Requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 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. 119 DESCRIPTION NORTHING EAST/MG PC 1 5265.16 4990.32 PC 2 5008.85 5240.92 PC 3 5081.20 52383 BC 1 5080.79 }w]••. BC 2 MERE 572 F OG 3 5119.14 5178 BC4 5059.18 5185.86 RP 1 FY •1::6 RP2 5200.76 5207.28 DELETED RP4 5141.43 5110.30 cal 5078 34 5008.12 P /2S1 f� t �� . 3G 6 GRAPHIC SCALE CONSTRUCTION SPECIFICATKINS THE FOLLOWING MUNICIPAL{TY OF ANCHORAGE STANDARD SPECIFICATIONS DATED 3/1772010 SHALL APPLY TO THE FOLLOWING MATERIALS AND WORK IEMS. DIVISION 20 EARTHWORK DIVISION 30 PORTLAND CEMENT CONCRETE DIVISION 40 ASPHALT SURFACING DNRSION 5D DIVISION 55 DIVISION 60 DIVISION 65 SANITARY SEWER STORM DRAIN SYSTEM WATER SYSTEMS CONSTRUCTION SURVEY HORIZONTAL LAYOUT 000ROINATES - Baron Park Subd. Addn ND- 10 Plat 93 -13 KRD Tract B-2 Baron Park Subd. Addn No. 2 Plat 94-77 KRD r Lot 1 -B ,/ 10.00 UTILITY EASEMENT 60.03 UTILITY EASEMENT 9 '1 4 4 -7 iC P' 1 1 A T l\ i ' \ 0 1,. 1 » f qi I hllr .I 13.9'X72' I f I. . , R4MPSTER PAC J { ;4 IN 20.50'. i w 1 . it 5 3 1l.`, ` -/1 i2. I I' 14IASE 2 1124 l I 11 r 2050' I l PHASE 3 J PHASE 3 Baron Part 2008 Replat Plat 2008 \32 KRD Lot 3 ExCAVATkNUMrr 200' \70.00'_ EXCAVATION LIMT wwq 4 6D C.I. SEWER 4' X 60' DIP CL 52 WATER per= 3°1PrAPWN CO INSTALL 6'GV & VB "x 6• TO 17 LIVE TAPPING SLEEVE Ian MANHOLE COPfNECT - INV 7745 f Kenai Spur Highway 4' X 90 Baron Park 2008 Replat Plat 2008 -32 KRD Tract 1A ccess Easement 1 '.t 1 157 2 1 RAIN LEADER 1 Baron Park 2008 Replat 1 Plat 2008 -32 KRD Lot 4 N12"4730 W (57} 54.07 {NI} N72 4)! '36'W [1'053.98'M 42 AS/SIDEWALK TO 5100 0x17 1 NO2'94V7'W (M}72.40' {M} NO2'05+03'W (RJ 72.35 {R} I LIGE CONDUIT BURY VICINITY MAP 1 - 1 MR3 31 I Qty Al te r a oast $ WATER HYDRANT DC WATER VALVE MO UTILITY PEDESTALS SEWER MANHOLE 5 STORM ORA1N INLET e LIGHT POLE ,} TREE THIS SURVEY Cook �n�� Inlet ' LEGEND O 5/0' REBAR SOUND o 5/5" REBAR SET THIS SURVEY O RECORD DATUM PLAT 2008 -32 092 ( SEWER CLEAN our EXISTING SEWER LINE — 1V — [013595 WATER UNE •• - - L • - - -- EXISTING UNDERGROUND ELECTRIC EXISTING UNDERGROUND TEL. /TV EXISTING GAS LINE — SO — EASING STORM DRAIN NEW WATER LINE • - NEW SEWER LINE NEW STORM GRAIN LINE F THOG EP OW 3 ACCE55 EASEMENT 794105 FLOOR TOP BACK OF GUM EDGE OF PAVEMENT SACK OF WORN SLOPE cePfaCts SUM • mama AIL sriya: LAUOSGAOE EGGING 1 aP 'S anL 61 .3 E03 neon+ 550555 E EKING PLANT SCHEDULE GENERAL NOTES • i ALL VUH ,10056w.LcolmsiIromeAc sweatO6C0aASOT „maE.Sala XXmumelNVLIAMNM MLCIE9aLOtlIME0 �LME SIWTI a LOIIM.Gm0.LE6L 6E EDA Ai6AS YmIT9E AamLex t. SM0.YKhEOATISI00.PEA I¢064•I10 CS701311741kAQ100000 ®IQ ..60GLliffifE ! 04.3110.0.8LINI iGX MEGET13301.1Y0LLW Z EYIILKIPIIQ ILLgavai S%MIENLRIiBIItl S NLRM'IWGIEGRISJMOV[NL00vagslo BE=U.11:01xvlffi.eEScr .21. 01F.w 4/...AE00mId SIN.. .EOAw..005TEMPRC tC19 r5ee00m0Al04.01 MIST. G5EMEDTGPSaL&CRSL MAWLYWATERAS 00.PEr =We.. 004AfECRa ne Mt OEec=AUalor SfuVTaaLWNLSe OoTramnl+iFAm row 111 rot awe le A4 We61P.W4S MIKE% .09 NYS ai+Lei RA WRISENPER 0 SHRUB PLANTING 055. ISWPM, 7310.1:0011.Vea vn mGe unnntiwlwem. 1.0 0e101UW l4Pe -.011 L ST IE lem TWE 642 =MARX mK04.0.1X.tYIXI em 555555 31110 ]055 x50* 6¢555655 n+Nrv+Gms 00 55550 COKME AP = 01=PC O DUMPSTER ENCLOSURE - SECTION PERMIT SUBMITTAL 06.30.2010 AM MA artIC LOAM 5656100 06]120+0 Eft .5 5T6G PLAN AND OETA60 —L1.00 4' TOPSOIL ANC SEED 4 LIMIT OF TIE EXCAVATION EI Ili 2' — 9UMPSTER AREA 4' YELLOW STRIPE STTP) 42.5 TYPE III CURB(TYP) I I� I �� 1 i rrF-- m- rllm- marl -mom _III - III - f I I - I i t - I f f I I IJ 11=1 ! 3ti 11 =III: 16.07 TYP , TR 4' BLUE LINE 17 SPACING 4' BLUE STRIPE 4' SLUE STARE r 2' CLASS A ASPHALT 2' CRUSHED D-1 BASE 8" TYPE II A SUBBASE STRIPING PLAN N.TS FF 85.5 18.5' NFS BORROW 14' m— ITk— m— lm —m —m —f E C1T1 =f I I_m —m —R L _m —I I L - 7 —! f I —F 14=n1 TIT I E III —I 7 7 —! I I—I 1— III —III —I 11 —I ! CI I CI I I —I 1 I—f 31 —! I I- 131- —T I I i� 1! —I ! CI 11 1 1 _i I EXCAVATE TO NFS NATIVE SAN TYPICAL SECTION N.T.S. B X B WWM VW SLAB HEAT SEE MECHANICAL 60 2' RIGID INSULATION ORIGINAL SURFACE 12-512 THICKENED EDGE W/ i N5 REBAR NOTE 1. CLASS A ASPHALT COMPACTED 70 94% MSG. 2. }1 BP-SE COMPACTED TO 98%. 3. TYPE II A SUBBASE COMPACTED TO 85%. 4. NSF BORROW COMPACTED T095%, 9846 UNDER FOOTINGS 5 LIMIT OF EXC. 10' ON WEST SIDE 4' TOPSOIL AND SEED REMIXES -, E C -3 ,e� II STAFF REPORT To: Planning & Zoning Commission - File Date: July 30, 2010 Res: PZ10 -34 GENERAL INFORMATION Applicant: For: ANALYSIS General Information: Tony Stanley 907 - 229 -5167 10288 Kenai Spur Highway Kenai, AK 99611 Kluge & Associates 907 - 283 -3698 130 Trading Bay Road, No. 330 Kenai, AK 99611 Stanley Chrysler 10288 Kenai Spur Highway Kenai, AK 99611 Requested Action: Landscape /Site Plan — Stanley Motors Legal Description: Lot 2C, Baron Park Subdivision Addn. No. 9 Street Address: 10288 Kenai Spur Highway KPB Parcel No.: 04339039 Existing Zoning: General Commercial Current Land Use: Commercial Land Use Plan: Central Commercial The City of Kenai is processing a building permit application for an addition to the Stanley Kenai Chrysler (Stanley Motors) building. The plans are to add a 1,395 square foot addition for a drop off bay for vehicles being serviced. In addition, extensive remodeling is planned for the interior of the building. This is an established site and minimal landscaping will be added to the existing site. Chapter 14.25 of the Kenai Municipal Code specifies the regulations for landscape /site plans within the City of Kenai. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. • Scientific or common name or type of planting materials to be used in the project. o The plan identifies Potentilla shrubs and Cotoneaster trees in the landscaped area. Kentucky blue grass will be used to seed the 123 e.. PZ10 -34 Comments Page 2 areas. ® Typical planting details. o Shown on the site plan. • Location of all planting areas and relationship to buildings, parking areas and driveways. o Shown on the site plan. • Identification and location of existing vegetation to be retained. o Not included. • Identification and location of non - living landscaping materials to be used. o Identified in the plan. • Identification of on -site snow storage areas. o Not shown on the plan - will remain at the rear of the lot as shown on previous plans. • Drainage patterns. o Not shown - this is a developed site and existing drainage patterns will not be disturbed. ® Description of buildings, including building height and ground floor dimensions. o Identified on plans. • Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o Shown on site plan. Section H.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping -- involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o No additional perimeter /buffer landscaping is planned nor required. There is some natural vegetation along the rear of the property and along the eastern border. • Interior Landscaping - involves areas exclusive of the perimeter and parking lot areas. o The landscaping included in this plan is interior landscaping. The area along the front of the building will be modified and as part of that modification, landscaping will be included including shrubs, trees, and grass. • Parking Lot Landscaping - involves areas adjacent to or within parking Tots and access drives. o No parking lot landscaping is planned nor will it be required. The existing site is paved and used as a car sales lot. O Street- right -of -way Landscaping - intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o KMC 14.25.040(e) (1) requires a minimum of ten feet (10') wide landscaping beds along the entire length of property lines which adjoin street rights -of -way. This is an established site. An as -built survey identifies existing pavement and trees along the perimeter of the lot. Some areas are paved past the 10 -foot requirement. It is not reasonable to request the pavement to be removed. 124 PZ10 -34 Comments Page 3 The following are required in the site plan: • Parking - o The plan shows the parking lot and identifies parking spaces. Code requires one parking space for each 400 square feet of gross floor area and four spaces for each auto service stall. Plan includes 116 parking spaces and two handicap accessible spaces. Parking shown exceeds the required spaces. • Parking Lot. o The parking lot is paved and no additional paving will be required. Paving will be repaired or replaced where damaged or removed during construction. ® Snow storage. o Remains at the rear of the lot. • Dumpster. o Dumpster was screened during the last building permit review. RECOMMENDATIONS The plan as submitted meets the requirements of KMC 14.25. The plan is approved with the following requirements: Review completed by: Marilyn K. Kebschull, AICP Planner, City of Kenai 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 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. 125 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10-34 Me ct y of LANDSCAPE /SITE PLAN PERMIT acEwn sKA 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: • eceived by: Marilyn Kebschull, AICP ® Submitted by: Tony Stanley — Kluge & Associates ® Submitted for: Stanley Kenai Chrysler ® Property Address: 10288 Kenai Spur Highway • Legal Description: Lot 2C Baron Park Subdivision, Addn. No. 9 • Parcel No.: 04339039 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 REQUIREMENTS SHOWN ON PAGE 2. R w9d and approved: r) Date: 126 PZ10 -34 Resolution Page 2 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 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. 127 N 023 06 3r w 465,00' PROPERTY UNE .. -...- .r. z. El xl 4" PAINTED PAVEMENT STRIPE. TYPI EXISTING SHOWROOM REMOVE ASPHALT PAVEMENT AS RE05 FOR OANCPY ADDITION. REPAVE TO BUILDING WITH Y ASPHALT PAVING TO MATCH EXIST1NG BULGING REMOVE ASPHALT PAVEMENT AS RE0'2 TO INSTALL PIPE. REPAVE TO BUILDING WITN Y ASPHALT PAVING TO MATCH, 6'CONC. SIDEWALK 5' CONC. REMOVE 35' X 60' ASPHALT PAVEMENT FOR SERVICE BAY REPAVE TO BUILDING WITH r ASPHALT PAVING TO MATCH, 1 - - 60' f' EDGE OF EXISTING PAVING,TYP N 39 26 2r W 4657" — 0 SF E LAYOUT PLAN 22034 SCALE:1 " =20' 11217 SCALE:1' =40' MARATHON ROAD 44 115 30' — LEGEND REMOVE ASPHALT PAVEMENT FOR DRAINFIELD AIND SIDEWALK 0' CANOPY ADDITION w I g L i . 20' 1YP. EMOVE ASPHALT PAVEMENT I . FOR 3RAINFIELD AND REPAVE f WITH 2' ASPHALT PAVEMENT . TO MATCH. r 4" TOPSOIL AND KENTUCKY BLUEGRASS SEEDING 2" ASPHALT PAVEMENT 4' CONCRETE SIDEWALK WITH 8" THICKENED EDGE Revlshns: L 1 a 3 z o 4 656 i + pF 4 ba r 4 ]tl �a A...JULY 23.2010 o 00 eme a: 564 w.1.= N.61051 Flq gy„tt SITE LAYOUT PLAN 4+9 LEGEND SYMBOL MARK DESCRIPTION ^-, A (I7) I5" -18 POTENTILLA e B (3) 12 " -T5' COTONEASTER 4" YIN TOPSOIL WP11 KENTUCKY BLUE -- GRASS SEEDING • ® OVERALL FLOOR PLAN s r pewc 1 i 75' 2" B1' -11" SERVICE BAY SERVICE IIM E�W REF, 1a 148' -6' In W 049 ED LINE 1N01CATES 3 HR I2.41E11 MI AS9711610 4$'-8" 1 AI •NOIF / 7 9133 30 -0 BOLLARDS FLAN IS 4972170 27 OP l cl a Ro 491on u z et 10A Mat JULY 28, 2012 Rmrx 90 �..a* Rill Kluge 0200 0209.094 NLW 77704 PtAO i .1 STAFF REPORT To: Planning & Zoning Commission - File Date: July 22, 2070 Res: PZ70 -30 (PZ70 -05) GENERAL INFORMATION Applicant: For: Requested Action: Landscape /Site Plan — O'Reilly Auto Parts Legal Description: 1A, Sprucewood Glen Subdivision No. 10 Street Address: 10511 Kenai Spur Highway KPS Parcel No.: 4705237 Existing Zoning: General Commercial Current Land Use: Vacant Land Use Plan: Central Commercial ANALYSIS General Information: Monica Pomroy Interplan LLC P.O. Box 777761 Henderson, NV 89077 O'Reilly Auto Parts 10511 Kenai Spur Highway Kenai, AK 99611 702- 994 -2251 A preliminary landscape /site plan was reviewed in March 2010. This plan serves as the final submittal for this project and updates the previously reviewed plan. KMC 14.25 specifies the regulations for landscape /site plans within the City of Kenai. The City has received a landscape /site plan for a new O'Reilly Auto Parts store. The store will be located at 10511 Kenai Spur Highway in the Sprucewood Glen Subdivision near the 3 -Bears Store, Aspen Hotel, and McDonalds. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. • Scientific or common name or type of planting materials to be used in the project. o This planting schedule identifies Red Maple and Cedar Elm. In addition, lawn will be included in the plan. • Typical planting details. o Shown on the site plan. • Location of all planting areas and relationship to buildings, parking 131 PZ10 -30 Comments Page 2 areas and driveways. o The plan shows the planting areas, building, parking spaces, and access. • Identification and location of existing vegetation to be retained. o This is a cleared, paved lot. There is no existing vegetation. • Identification and location of non - living landscaping materials to be used. o Paved areas (asphalt) are shown on the plan. Concrete areas identified on the plan. • Identification of on -site snow storage areas. o Snow storage area identified on updated drawings. (See building permit file.) • Drainage patterns. o Drainage patterns are not shown. Drainage will be directed toward the storm water retention basin included as part of the development for Sprucewood Glen Subdivision. • Description of buildings, including building height and ground floor dimensions. o Location and size of the building is identified on the preliminary plan. Floor elevation shown as 81 feet. This is a single -story building. ▪ Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o The preliminary plan provides site details for this parcel as well as adjoining properties and the Kenai Spur Highway. Section 14.25.040 of the code outlines the landscaping plan performance criteria. • Perimeter /Buffer Landscaping - involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o Landscaping is shown along the perimeter of the parking lot adjoining the Kenai Spur Highway right -of -way. Two landscaped islands are included along the northern parking area. The area around the dumpster is landscaped. • Interior Landscaping - involves areas exclusive of the perimeter and parking lot areas. o The site is constricted by the building, parking and access and does not provide for interior landscaping. • Parking Lot Landscaping -- involves areas adjacent to or within parking lots and access drives. o The plan shows landscaping islands with landscaped areas along the eastern parking lot /property line. ® Street- right -of -way Landscaping - intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o Included in perimeter landscaping. The following are required in the site plan: ® Parking - The plan provides for 33 parking spaces with 2 handicapped 132 PZ10 -30 Comments Page 3 spaces. The plan shows the building as 7,650 square feet. Retail businesses require 1 space per 300 square feet. The proposed business requires 26 spaces and 2 handicapped spaces. The parking shown meets parking requirements. • Parking Lot. o Parking lot must be paved. Paving must be completed within two (2) years after the certificate of occupancy is issued. Plan shows asphalt parking areas. o Snow storage. o Shown on updated plan received on August 5, 2010. Shown in parking area adjacent to the dumpster. Parking spaces exceed required parking so using the area for snow storage should not be an issue. • Dumpster. o Any dumpster on the site must be screened with a sight- obscuring structure made of wood or concrete. Plan identifies the location for the dumpster enclosure. RECOMMENDATIONS This plan is follow -up to a preliminary plan submitted for this development. The building permit has been submitted and is being reviewed by the Building Official and Fire Marshal. The plan as submitted meets the intent of the City's landscape /site plan requirements. The plan is approved with the following requirement: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 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 133 A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED PRELIMINARY LANDSCAPING /SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached preliminary Landscaping/Site Plan was: 6 ".. eceived by: • Submitted by: • Submitted for: ® Property Address: • Legal Description: • Parcel No.: CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -30 (PZIO -05) LANIDSCAPE /SITE PLAN PERMIT Marilyn Kebschull, AICP, City Planner Monica Pomroy, Interplan, LLC O'Reilly Auto Parts 10511 Kenai Spur Highway Lot 1A, Sprucewood Glen Subdivision No. 10 04705237 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. Re'iewe�l and approved: { 7' Date: 134 Resolution PZ10 -05 Page 2 Additional requirements: 1. All required landscaping as presented in the approved landscaping plan must be installed within one (1) year of the approved landscaping plan. 2. One hundred percent (100 %) of ground cover of the landscaping beds must be planted and maintained so that there is no exposed soil within three years of the approved plan. 3. 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. 4. 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