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HomeMy WebLinkAbout2011-08-10 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 10, 2011 - 7:00 p.m. Work Session 6 to 7:00 p.m. & Immediately Following Regular Meeting > Ordinance No. 2546 -2011 Land Use Table Land Use Table for Residential Zones 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll CaII c. Agenda Approval d. Consent Agenda e. *Excused Absences *A11 items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *July 27, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -31 — A replat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84 -116. Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ11 -30 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (Ordinance No. 2546 -2011 — An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district.) b. PZ06 -26 — A public hearing to consider revocation of Conditional Use Permits for Cabin Rentals, Lodging & Guide Service, for the properties known as Lots 4 & 5, Angler Acres Subdivision Part 3 (1035 & 1045 Angler Drive). At the August 11, 2010 meeting, the Commission postponed revocation action for 1 year to provide an opportunity for the Agenda August 10, 2011 Page 2 permit holders to comply with conditions of the permits. Properties are owned and operated by Rick & Steve Voth, Captain Bligh's Beaver Creek Lodge, 1035 Angler Drive, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Setting special meeting to hold a work session to continue review of Land Use Table — Discussion. 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 24, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: COMMISSION CHAIR REPORT August 10, 2011 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REQUESTED BY: ADD: 5b Email from Steve Voth - Captain Bligh's Beaver Creek Lodge Administration tleLLyOf KEN \ALASKA Tillage with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 a,d Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 111 I r MEMO: TO: Planning & Zoning Commission THRU: Marilyn Kebschull, Planning Administrato FROM: Nancy Carver, Planning Assistant k) DATE: August 10, 2011 SUBJECT: PZ06 -26 — Revocation of Conditional Use Permit — Lots 4 & 5, Anglers Acres Subdivision Part 3, 1035 & 1045 Angler Drive When the staff report was prepared (August 1, 2011), Mr. Voth was out of compliance on assessment payments with the City of Kenai and his quarterly report. He was in compliance with all other permit requirements. On August 9, 2011, Mr. Voth paid his assessment payments to the City and informed the Planning staff he thought he had already submitted his quarterly reports. Mr. Voth sent an email that provided an updated activity report to date. Mr. Voth's email also indicated he would be unable to attend the meeting. The permit is now in compliance with all requirements of the permits. Unless there are unforeseen issues brought to the Commissions' attention at tonight's meeting, it is my recommendation the Commission dismiss the revocation and grant permanent status to the Conditional Use Permit. 1992 Nancy Carver From: Captain Bligh [bligh ©captainblighs.com] Sent: Wednesday, August 10, 2011 11:08 AM To: Nancy Carver Subject: RE: CUP Review To Nancy Carver, Please include this email for the board members for tonight's meeting. I would like to apologize for my absence at the meeting tonight. I am a sole proprietor and have clients checking in and my presence is required at the lodge. After speaking with Nancy it is my understanding that I am in compliance with all of the conditional -use requirements. If there are any issues that arise that would result in revaccination, I respectfully request that the board members table the vote until the next meeting to that I may be present to address any issues. Regards, Steve Voth Captain Bligh's Beaver Creek Lodge 907 - 252 -6211 Nancy, Please use this email for our 2011 Conditional Use Compliance Form: 200626- Lodging /Guide Service — 1035 Angler dr: 1035 Angler drive was rented out on a monthly basis from Jan 1 through May 31. It has then been used for weekly lodging for employees and guests of fishing guide service from June 1 through the present time. There is 2 guide boats moored at the dock. 200627 — Cabin Rentals — 1010 Angler Dr.. I still managed the property for the new owners and use it as part of Captain Bligh's Beaver Creek Lodge. The property has been used for as a weekly rental since June 1st. 200664- This property was winterized and not being used from January 1st until June 10th. Since June 10th we have used the Cabins for lodging for our fishing lodge clients. There have been 3 guide boats moored at the dock. Please let me know if this meets your requirements. Regards, Steve Voth 907 - 252 -6211 1 City of Kenai Report Criteria: Account Activity - Summary Page: 1 Account: 4939036 Voth, Rick Aug 09, 2011 03:11pm Unapplied End Date Principal Interest Late Fee Other Payment Balance Payment Balance )6/30/2009 172.98 275.68 .00 .00 00 448.66 .00 )6/30/2010 172.98 275.68 .00 1.44 488.66- 410.10 .00 )6130/2011 207.57 241.09 .00 .00 410.10- ��48.66 ) .00 )6/30/2012 207.57 241.09 44.87 1.72 .00 i.b, 943791 .00 4L_ ) City of Kenai Report Criteria: Account Activity - Summary Account: 4939035 Voth, Rick Page: 1 Aug 09, 2011 03:11pm End Date Principal Interest Late Fee Other Unapplied Payment Balance Payment Balance )6/30/2009 166.44 )6130/2010 166.44 )6/30/2011 199.73 )6/3012012 199.73 265.26 .00 265.26 .00 231.97 .00 231.97 43.17 .00 .00 1.38 431.70- .00 433.08- 1.66 .00 431.70 433.08 43 908.23 .00 .00 .00 .00 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 27, 2011 7:00 P.M. CHAIR PRO TEMPORE PHIL BRYSON, PRESIDING MINUTES 01a. As there was no chair or vice chair present, Phil Bryson agreed to serve as Chair Pro Tempore. ITEM 1: CALL TO ORDER Chair Pro Tempore Bryson called the meeting to order at approximately 7:08 p.m. 1 -a. Pledge of Allegiance Chair Pro Tempore Bryson led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: Chair Pro Tempore P. Bryson, H. Knackstedt, K. Koester, T. Navarre, K. Rogers J. Twait, S. Romain City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member R. Marquis, Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- July 13, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: UNFINISHED BUSINESS 6 -a. PZ11 -24 - A resolution of the Kenai Planning 86 Zoning Commission recommending the Council of the City of Kenai name an unnamed street. (Unnamed right -of -way located east of Kenai Airport proper.) Postponed on July 13, 2011. City Planner Kebschull reviewed the staff report included in the packet. Bryson opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. 6 -a -1. PZ11 -24 Substitute- A resolution of the Kenai Planning 86 Zoning Commission recommending the Council of the City of Kenai name an unnamed street. (Unnamed right -of -way located east of Kenai Airport proper.) MOTION: Commissioner Koester MOVED to amend Resolution No. PZ11 -24 by SUBSTITUTION. Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: Commissioner Navarre requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS 7 -a. *PZ11 -29 - An application for a Home Occupation for a Daycare for the property known as Lot 11, Block U, Woodland Subdivision Part 4 (700 PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 2 Poplar Circle), Kenai, Alaska. Application submitted by Danielle Edwards -Dean dba Danielle's Daycare, 700 Poplar Circle, Kenai, Alaska. Approved by consent agenda. 7 -b. Discussion /Set Public Hearing -- A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district.) Kebschull reviewed the memo included in the packet. Commissioner comments included: Not sure if they are ready to present an option to Council. Agreed that a hearing date should be set. Noted they had not received a legal opinion as requested. Suggested at least two more work sessions. Kebschull clarified the process mandated by Council. MOTION: Commissioner Navarre MOVED to request Council give Commission additional time to work on Ordinance No. 2546 -2011 in order to receive recommendations at the October 5, 2011 Council meeting. Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Navarre MOVED to bring Resolution Option 1 forward for public hearing at the next meeting (August 10, 2011). Commissioner Knackstedt SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 7 -c. Discussion -- "Imagine Kenai 2030" - City of Kenai Comprehensive Plan Update - Public Outreach and Participation Plan. Kebschull introduced Eileen Bechtol, who reviewed the draft Public Outreach and Participation Plan. PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 3 Bechtol noted after public participation, the plan would look at goals and objectives, transportation and land use tables. Kebschull noted the 2003 Comprehensive Plan did not document public participation. Commissioner Navarre requested a timeline for the plan. Bechtol agreed to bring one forward. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Marquis reviewed the action agenda of the July 20, 2011 City Council meeting which was included in the packet, noting the junk vehicle ordinance had been postponed and ordinances fell off the table after the election. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the July 18, 2011 meeting which was included in the packet. 9 -c. Administration -- None. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. August 10, 2011 No Commissioners requested an excused absence from the August 10, 2011 meeting. ITEM 13: ITEM 14: MOTION: COMMISSION COMMENTS & QUESTIONS -- None. ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:11 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 4 STAFF REPORT To: Planning & Zoning Commission Date: August 3, 2011 Res: PZ11 -31 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 262 -5573 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat — Enchanted Forest 2011 Replat A replat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84- 116 302 & 306 Princess Street 04505020 & 04505019 RR 1— Rural Residential 1 Vacant & Residential Neighborhood Residential This plat combines two lots into one larger lot containing approximately 1.911 acres. The property is located in the Rural Residential 1 zone. The minimum lot size in the zone is 20,000 square feet. The new lot exceeds the minimum lot size for the zone. The parcel is served by onsite sewer, and city water. The parcel is located on Princess Street, which is a maintained gravel road. An installation agreement is not required. Because the subdivision increases the lot size, an encroachment is not created by the subdivision. RECOMMENDATIONS This is a simple plat that combines two properties into one large parcel. The resulting parcel meets all requirements for the Rural Residential 1 zone. The property is served with onsite sewer and city water. An installation agreement is not required. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ11-31 2. Preliminary Plat the of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -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 ENCHANTED FOREST 2011 REPLAT was referred to the City of Kenai Planning and Zoning Commission on August 3, 2011 and received from INTEGRITY SURVEYS, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR1 — Rural Residential 1 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. Street name should be corrected to Princess Street. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES ENCHANTED FOREST 2011 REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 10, 2011. CHAIRPERS ATTEST: NOTES; 1) Development of these lots Is subject to the City of Kenai zoning regulations. 2) Front 10 ft. of the bulldIng setback adjacent to rights -of-way Is also a utility easement. No permanent structure shall be constructed or placed within o utility easement which would interfere with the ability of a Utility to use the easement. 3) WASTEWATER OISPOSAI. These Iota are serviced by public sewer and water systems. 4) The purpose of thin plot le the removal of an interior lot line. A field survey woe not performed for this replot E Uum 51eM 51e c Beluga Dr. 60' ROW egklym LEGEND PRIMARY MONUMENT OF RECORD AS Maim 0 SECONDARY MONUMENT OF RECORD- 64rsna4p Qi SECONDARY MONUMENT OF RECORDe�•,nonun ( ) RECORD PER ENCHANTED FOREST SUBDIVISION PLAT N0. 64-116 KRD 50.00' BRASS M011. LW LLe)1 ICUr II rsna SNJ( 10VUa9 ®�1 C58958'30'W 280.34') Le 5 LW 6 Lot 1A 1.911 Acres 40' 50' (S89'59'35'8 280.01') Kaknu Street 33' ROW ALUM. MON. CERTIFICATE OF SURVEYOR I hereby certify that; I am properly registered and licensed to practice land surveying In the State of Alaska, this plat represents a survey mode by me or under my direct supervision, the monuments shown hereon actually exist as described, and all dimensions and other detoils are correct to the normol standards of practice of land surveyor, in the Stote of Alaska. NJuaoab.7ucktil ivy AO' t ppx'`'!44 f *: gym. (.V • -*IY • SCOTT A. HUFF Dale u171./ Ltj3 )t Let RECORDED REC. DIST. DATE 20_ TIME: M REQUESTED BY: INTEGRITY SURVEYS INC. 43335 K -BEACH RD. SUITE 10 SOLDOTNA, AK 99669 N T VI MAP - 1 MILE CERTIFICATE OF OWNERSHIP AND DEDICATION WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ADOPT 1815 PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBUC AREAS TO PUBUC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. KEVIN DIX ROBIN DIX PD BOX 1719 KENAI. AK 99611 I HEREBY CERTIFY THAT (I) (WE) HAVE AN EQUITY INTEREST AS BENEFICIARIES ON DEED OF TRUST OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ACKNOWLEDGE THIS PLAN OF SUBDIVISION (NAME AND ADDRESS) NOTARY'S ACICNOWLEDOMENT FOR: KEVIN DIX & ROBIN DIX SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 2011 NOTARY PUBUC FOR ALASKA MY COMMISSION EXPIRES PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE 1.4881I140 OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL KPB FILE No. ENCHANTED FOREST 2011 REPLAT A repiat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84 -116 Kenai Recording District L000ted within the NWI /4 SE1 /4 Section 33, TON. R11W, Seward Meridian, City of Kenai, Kenai Recording District. Kenai Peninsula Borough. Aloeke. Containing 1.911 Acres INTEGRITY SURVEYS, INC. 43335 K -Beach Rd. Suite 10 Soldotno, AK 99669 SURVEYORS PNONE - (90]) 000 -ssn PLANNERS FAK 212 -3314 .100 19:9 211119 DRANK: 02 Au9u•t, 2011 SN SURVEYED: N/A SCALE 1'.50' Pan OK: N/A FILE; 211119 PP.dr9 Me of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -30 5�. A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT. WHEREAS, on April 6, 2011, Kenai City Council introduced Ordinance No. 2546 -2011 to amend KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546 -2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning & Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Planning & Zoning Commission held a work session on April 27, 2011 and during their regular meeting on April 27, 2011, voted against holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review of the entire Land Use Table for all residential zones in the City and that with the beginning of an update to the City's Comprehensive Plan, the time may not be appropriate for an amendment; and, WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed action Ordinance No 2546 -2011 and requested the Planning & Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August 17, 2011 meeting; and, WHEREAS, the Planning & Zoning Commission held work sessions on June 8, June 22, July 13, and July 27, 2011; and, WHEREAS, during the work sessions, the Commission reviewed land use in the City of Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning for the two (2) areas in the City of Kenai that are zoned as RR -1, which are the Three W's Subdivision and the area generally known as the "MAPS Area may not accurately describe these two areas;" and, New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 - Page 1 WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on development; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment; and, WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhood zones in the City should also be protected; and, WHEREAS, the ordinance proposes to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; and, WHEREAS, the Commission believes that the proposed ordinance is too restrictive and that the existing process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planning and Zoning Commission recommends several changes from the changes proposed in Ordinance No. 2546 -2011 to KMC 14.22.010, Land Use Table; and, NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE AS SHOWN ON ATTACHMENT A: Dated at Kenai, Alaska this 10th day of August, 2011. CHAIR: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 - Page 2 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RSI RS2 RU CC CC IL IH ED R TSH LC CMU One Family Dwelling C18 P P P P P P P2' S' S2 S2 C22 PP Ps'/c21 Two/Three Family Dwelling C18 P P P P P P P2' S' C C C22 P P P S' /C21 Four Family Dwelling C18 P C3•22 P N N P P2' S' C C C22 N P C S'/C21 Five /Six Family Dwelling C18 C3 N P N N P P2' S' C C N N P C S' /C2' Seven or More Family Dwell ing C18 C3 N C' N N P V I S I C C N N P CSI/C21 Townhouses4 C18 C CC C C C C C C C C22 C C C C Mobile Home Parks N C [C] N C C C C C C C C N C N N C Planned Unit Residential Development' C18 C C C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales N C [C] N N N N C P P P P N N N N P Automotive Service Stations N C [C] N N N N C P P P P N C N N P Banks N C C 2 ' C N N C P P P C N C C C P Business /Consumer Services N C C- C N N C P P P C N C C C P Guide Service N C [C] N C N N C P P P p N p P C P Hotels /Motels N C C 2 9 C N N C P P P C N C P C P Lodge N C 02 C N N C P P P C N P P C P Professional O f f i c e s NCC22C N N P P P P P N C P P p Restaurants N C [C] N C N N C P P P C N C C C P Retail Business N26 C C 29 C N N C P P P P s24 s24 C C P Wholesale Business N C [C] N C N N C C P P P N S24 C C N Theaters[ /COMMERCIAL RECREATION] N C [CJ N C N N C P P C C N P C C P Commercial Recreation NC N C N N C P P C C N P C C P New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P21 C [C] NC N N C P P P P N C N N C Automotive Repair N C [C] N C N N C P P P P N N N N P Gas Manufacturer /Storage N N [C] NC N NN NN C9 C' N N N N N Manufacturing /Fabricating/ Assembly N C [C] NC N N C C P P P N C C N C Mini - Storage Facility N C [C] N C N NC C P P P N N N C C Storage Yard N C [C] N C N N C C P P P N N N N C Warehouses N C [C] N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL 111 ED R TSH LC CMU [CHARITABLE INSTITUTIONS] [C] [C] [C] [C] [C] [C] [P] [P] [P] [P] [p] [P] [C] [P] [C] [P] Churches* c PLO P10 pl0 P10 P'0 WO PI" P"' C C P PIO p P P Clinics C C C Z y C C C C P P P C C C C P P Colleges* C C O C C C C P P C C P C C C P Elementary Schools* C C O C C C C P P C C P C C C p Governmental Buildings CC CC C C C P P P C P C C P P High Schools* C C O C C C C P P C C P C C C P Hospitals* C C [C] N C C C C P P P C C C C C P Libraries* C C C?' C C C C12 P P P C P C P C P Museums C C Cat C C C C P P P C P C P C P Parks and Recreation PC CC C C C P P P P P P P C p Assisted Living CC CC C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding° C C [C] N C C N N C C C C N C N C C Bed and Breakfasts CC CC C C C C C C C N C C C p Cabin Rentals CC C C N N N P P P C N P P C P Cemeteries CC C C N N N N C C C N C C N N Crematories/Funeral Homes N C N C N N C C C C C N C CC C Day Care Centers12 C C O C C C C P P P C C C C P P Dormitories /Boarding Houses CC CC C C P P2' S C P p23 C C C P Essential Services PP P P P P P P P P P P P p p p Farming/General Agriculture * ** P P N N N NN N N N P N P N N N Greenhouses/Tree Nurseries13 C C [C] N C C C C P P P C N C C C P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RSI RS2 RU CC CG IL III ED R TSH LC CMU Gunsmithing,[ PRINTING,] Taxidermy N C C C C CC P P P P N C P P P Assemblies15 (Large: Circuses, Fairs, Etc.) C C [C] N C C C C P's P's P's P15 P15 C P N Pf5 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C [C] N C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C [C] N C C CC P P C C C C C C P [PARKING, OFF- STREET] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] [P] Parking, Public Lots12 C C [C] N C C CC CC C C C C C C C Personal Services25 C C C z 9 C C C C P P P P C C P P/ C27 P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 28 P C [C] N C C CC P P P P P C C C C Recreational Vehicle Parks C C [C] NC N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C N C N N N Surface Extraction of Natural Resourcest7 C C [C] N C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year, 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Sery ice Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. Use allowed only for those parcels that abut the Kenai Spur Highway, Beaver Loop Road, Bridge Access Road, and Kalifornsky Beach Road. Access to the parcel must be from these streets unless applicant can provide documentation that an application for a driveway permit has been denied by the State of Alaska or City of Kenai. In that case the Commission may consider alternate ingress and egress. Driveways should be located a reasonable distance from the Kenai Spur Highway, Beaver Loop Road, Bridge Access Road, and Kalifornsky Beach Road to ensure the driveway does not create an unsafe traffic pattern and to ensure that traffic impact to the neighborhood is minimized. Industry established trip generation standards for the commercial use should be used to determine the impact to the neighborhood. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -30 Attachment A the cdyaf KENAI, ALASKA Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING CHANGING MANY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT. WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural Residential RR -1 Zoning Districts ( "RR -1 Zoning District "), which are the Three W's Subdivision and the area generally known as the "MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re- zoned from Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three W's Subdivision desired to have the Three W's Subdivision re -zoned from Rural Residential (RR) Zoning District to the RR- 1 Zoning District, and the City of Kenai re -zoned the Three W's Subdivision to the RR- 1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low density residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and Ordinance No. 2546 -2011 Page 2 of 3 Support a stable and predictable setting for future investment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet the specific intent of the RR -1 Zoning District and promote the residential character of Three W's Subdivision and the MAPS Area; and, WHEREAS, the Planning and Zoning Commission held a public hearing on 2011, and adopted a resolution making recommendations to the City Council on this ordinance; and, WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2011. PAT PORTER, MAYOR Ordinance No. 2546 -2011 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk Introduced: April 6, 2011 Adopted: Effective: 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSR LC CMU One Family Dwelling C18 P P P P p P P2' S' s2 s2 C22 P P P S' /C2' Two/Three Family Dwelling Ct8 P P P P P P P2' S' C C C22 P P PS'/C' Four Family Dwelling C18 P C3.2 P N N P P21 S' C C C22 N P CS'/C2' -2�2' Five /Six Family Dwelling C18 C3 N P N N P P S' C C NN P C S' /C2' Seven or More Family Dwelling C18 C3 N C' N N P P21 S' C C N N P C S` /CZ` Townhouse? C18 C C3-' C C C C C C C C C22 C C C C Mobile Home Parks' N C [C] N C C C C C C C C N C N N C Planned Unit Residential Development' C18 C 0 C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales N C [C] N N N N C P P P P N N N N P Automotive Sery ice Stations N C [C] N N N N C P P P P N C N N P Banks N C [C] N C N N C P P P C N C C C P Business /Consumer Services N C [C] N C N N C P P P C N C C C P Guide Service N C [C] N C N N C P P P P N P P C P Hotels/Motels N C [C] N C N N C P P P C N C P C P Lodge N C [C] N C N N C P P P C N P P C P Professional Offices NC C C N N P P P P P N C P p p Restaurants N C [C] N C N N C P P P C N C C C P Retail Business N26 C [C] N C N N C P P P P Std S24 C C P Wholesale Business N C [C] N C N N C C P P P N S24 C C N Theaters /Commercial Recreation N C [C] N C N N C P P C C N P C C P Page 1 of 5 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL 1H ED R TSH LC CMU Airports and Related Uses P21 C [C] NC N N C P P P P N C N N C Automotive Repair N C [C] N C N NC P P P P N N N N P Gas Manufacturer /Storage N N [C] NC N N N NN C9 C9 N N N N N Manufacturing/Fabricating / Assembly N C [C] NC N N C C P P P N C C N C Mini- Storage Facility N C [C] N C N NC C P P P N N N C C Storage Yard N C [C] N C N NC C P P P N N NN C Warehouses N C [C] N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C [C] N C C C P P P P P P C P C P Churches* C P'" P'" P" P'" P'" P," P'° P" C C p P"' P P P Clinics C C [C] N C C C C P P P C C C C P p Colleges* C C O C C C C P P C C P C C C P Elementary Schools* C C O C C C C P P C C P C C C P Governmental Buildings C C O C C C C P P P C P C C P P High Schools* C C O C C C C P P C C P C C C P Hospitals* C C [CJ N C C CC P P P C C C C C P Libraries* C C [C] N C C C O P P P C P C P C P Museums C C [C] N C C 0 0 P P P C P C P C P Parks and Recreation P C O C C CC P P P P P P P C p Assisted Living CC C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding" C C [C] N C C N N C C C C N C N C C Bed and Breakfasts CC C C C C C C C C C N C C C P Cabin Rentals C • C C C N N N P P P C N P P C P Cemeteries CC C C N N N N C C C N C C N N Crematories /Funeral Homes N C N C N N C C C C C N C CC C Day Care Centers12 C C C 2 9 C C C C P P P C C C C P P Dormitories/Boarding Houses C C [C] N C C C P P21 S C P p25 C C C p Essential Services P P [P] N P PP PP P P P p p p p p FarminglGeneral Agriculture * ** P P N N N N N N N N P N P N N N Greenhouses/Tree Nurseries" C C [C] N C C C C P P p C N C C C P Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C [C] N C C C C P P P P N C P P P Assemblies15 (Large: Circuses, Fairs, Etc.) C C [C] N C C C C 1315 P15 Pis pis p15 C p N 1315 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C [C] N C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C [C] N C C C C P P C C C C C C P Parking, Off - Street P P [P] C29 P P P P P P P P P P PP p Parking, Public Lots° C C [C] N C C CC C C C C C C C C C Personal Services25 C C [C] N C C C C P P P P C C P P/ C27 P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 28 P C [C] N C C C C P P P P P C C C C Recreational Vehicle Parks C C [C] N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C [C] N C C C C C C C C N C NN N Surface Extraction of Natural Resources12 C C [C] N C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. Page 3 of 5 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self- Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X Page 4 of 5 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC I4.20.255 and 14.20.150 are met. Use allowed onl for those parcels that abut the Kenai S.ur Hi I hwa . The access to an such parcel must be either from a driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. Page 5 of 5 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A 56 STAFF REPORT To: Planning & Zoning Commission Date: July 29, 2010 Revocation of Res: PZ06 -26 GENERAL INFORMATION Applicant: Steve and Rick Voth Captain Bligh's Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 Steve and Rick Voth Captain Bligh's Beaver Creek Lodge 183 Looking Glass Road Walla Walla, WA 99362 -8645 252 -6211 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS 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 August 11, 2010, the Commission held a revocation hearing for PZ06 -26, a Conditional Use Permit for Lodging and Guiding, operated from the above - referenced properties. The permit was out of compliance with the City of Kenai for Local Improvement District assessment fees, and the Kenai Peninsula Borough for both sales and property tax. By the time the meeting was held, the property owners had brought the permits into compliance. However, the Commission postponed revocation for one (1) year. During this time, the properties were to be operated under additional requirements placed on the permits by the Commission. These included: • Remain current with City of Kenai assessments. Revocation of PZ06 -26 Comments Page 2 • Remain current with Kenai Peninsula Borough sales tax and property taxes. • Submit quarterly reports of activity on property through December 31, 2011. • Continue enforcement of house rules for the properties. • Cease leasing dock space until an amendment is applied for and approved by the Commission. • Continue to comply with all Federal, State, and local regulations. The original permit was granted for lodging, guiding and restricted the use to three (3) guide boats. As of August 1, 2011, the properties are out of compliance with the City of Kenai: • Angler Drive Local Improvement District Assessments payments: o 1035 Angler Drive - $448.66, due June 15, 2011. o 1045 Angler Drive - $431.70, due June 15, 2011. *Payments are due annually. • Quarterly activity reports on properties. o Activity report required from June 11, 2011 to June 30, 2011. *Previous report included activity up to June 10, 2011. RECOMMENDATIONS KMC 14.20.150 (g) states that, "If the Commission determines, based on the yearly review of any other investigation undertaken by the official, that the conduct of the operation(s) is not incompliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Because it was the end of the season, Mr. Voth was permitted to submit one quarterly report outlining activity for the properties during the off season. The report was submitted via email on December 15, 2010, and included activity up to June 10, 2011. Administration has provided the permit holder with sufficient notice and opportunity to meet the assessment and reporting requirements with the City of Kenai. These included: • July 8, 2011 — Notified Mr. Voth via email quarterly report was due, and the permit was up for review on August 10, 2011. Administration also spoke to Steve Voth about the reports and the August 10, 2011 meeting. • July 19, 2011 — Letter sent to Mr. Voth notifying him he was out of compliance. Letter was also emailed to Steve Voth. • July 25, 2011 — Email from Steve Voth with the same quarterly report from December 2010. Mr. Voth indicated in the email he would be in the following Revocation of PZO6 -26 Comments Page 3 week to pay the assessment fees. • July 27, 2011 — Email sent to Mr. Voth reminding him to submit updated quarterly report. If property is not in compliance on August 10, 2011, recommend revocation. If the properties are brought into compliance by the August 10, 2011 meeting, administration is recommending the Commission dismiss the revocation, and permit will continue to operate under requirements of KMC 14.20.150(g) and the following specific requirements: • Lodging • Guiding • Use restricted to 3 guide boats • Continue enforcement of house rules for properties. Any future violations of KMC 14.20.150(g) will result in future revocation proceedings without recommended leniency. ATTACHMENTS: 1. Resolution PZ06 -26 from 8/11/10. 2. Resolutions PZ06 -26 for 8/10/11. 3. 12/15/10 Email from Mr. Voth activity on properties up to June 10, 2011 4. Compliance Certification 5. 7/19/11 Revocation letter to property owners 6. 8 /1 /11 LID Account Activity Summary the c#u f ititlara CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTI N NO. PZ06-26 EVOCATION OF CONDITI O-NAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI ":EVOKING 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: o Become current with City of Kenai assessments. o Become current with Kenai Peninsula Borough sales tax and property taxes. • Quarterly reports of activity on property through December 31, 2011. PZ06 -26 Revocation o 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. o Applicant must comply with all Federal, State and local regulations. 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 ;T E CITY OF KENAI, ALASKA, AUGUST 11, 2010. CHAIRPERSON: (� r � a�i If a fl 1, �l ATTEST\ tIic city o/' KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06 -26 REVOCATION OF CONDITIONAL USE PERMIT 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 AND THE CONDITIONS PLACED ON THE PERMIT ON AUGUST 10, 2010. WHEREAS, the Commission finds: 1. That Conditional Use Permit PZ06 -26 was approved on April 12, 2006 for Lodging and Guiding with a restriction of three (3) boats. 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, Borough or State. 6. The properties were delinquent with City of Kenai for $843.18. 7. The properties were delinquent with Kenai Peninsula Borough for $12,364.88. 8. Commission held a revocation hearing on August 10, 2010. 9. The Commission postponed revocation of the permit for one (1) year. 10. That the properties are delinquent with City of Kenai — Angler Drive Local Improvement District Assessments, payment was due June 15, 2011, for a total of $880.36 for both properties. 11. Operator failed to file the quarterly activity report from June 11, 2011 — June 30, 2011. 12. KMC 14.20.150(g) regulates the process for revocation of permits due to non- compliance. 13. On July 19, 2011 a letter was sent to the permit holder to provide notification of non - conformance and that a revocation hearing was scheduled for the August 10, 2011. 14. On July 27, 2011, the Planning and Zoning Commission was notified a revocation hearing would be set August 10, 2011. 15. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on August 10, 2011. 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 PZ06 -26 Revocation Page 2 CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR LODGING & GUIDING IS REVOKED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 10, 2011. CHAIRPERSON: ATTEST: Me el KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06 -26 REVOCATION OF CONDITIONAL USE PERMIT 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 AND THE CONDITIONS PLACED ON THE PERMIT ON AUGUST 10, 2010. WHEREAS, the Commission finds: 1. That Conditional Use Permit PZ06 -26 was approved on April 12, 2006 for Lodging and Guiding with a restriction of three (3) boats. 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, Borough or State. 6. The properties were delinquent with City of Kenai for $843.18. 7. The properties were delinquent with Kenai Peninsula Borough for $12,364.88. 8. The properties were brought into compliance prior to the August 10, 2010 meeting. 9. Commission held a revocation hearing on August 10, 2010. 10. The Commission postponed revocation of the permit for one (1) year. 11. That the properties are delinquent with City of Kenai — Angler Drive Local Improvement District Assessments, payment was due June 15, 2011, for a total of $880.36 for both properties. 12. Operator failed to file the quarterly activity report from June 11, 2011 — June 30, 2011. 13. KMC 14.20.150(g) regulates the process for revocation of permits due to non- compliance. 14. On July 19, 2011 a letter was sent to the permit holder to provide notification of non - conformance and that a revocation hearing was scheduled for the August 10, 2011. 15. On July 27, 2011, the Planning and Zoning Commission was notified a revocation hearing would be set August 10, 2011. 16. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on August 10, 2011. 17. That the Commission finds that as of August 10, 2011, the permit is in compliance with all permit requirements. 18. That the Commission dismisses the revocation, and the permit will continue to operate under the requirements of KMC 14.20.150(g), and the following specific requirements: PZ06 -26 Revocation Page 2 • Lodging • Guiding • Use restricted to 3 guide boats • Continue enforcement of house rules for properties 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 -26 HELD BY STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR LODGING AND GUIDING IS DISMISSED AND AMENDED AS LISTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, • UGUST 10 2011. CHAIRPERSON: ATTEST: Nancy Carver From: steve voth [stevevoth @gci.net] Sent: Wednesday, December 15, 2010 1:55 PM To: Nancy Carver; stevevoth@gci.net RE: Revocation Reports for PZ06 -26 & PZ06 -27 Nancy, Please use this email for our 2010 Conditional Use Compliance Form: 200626- Lodging /Guide Service — 1035 Angler dr: 1035 Angler drive was rented out on a monthly basis from Jan 1 through May 31. It was then used for weekly lodging for employees and guests of fishing guide service from June 1 through September 30. There was 2 guide boat moored at the dock. I have since rented out the property on a monthly basis through May 31, 2011. 200627 — Cabin Rentals — 1010 Angler Dr. This cabin was rented out on a monthly basis from Jan 1 through May 315t. It was then rented out to our clients for our Guide Service from June 1 through Sep 30. However, we sold the property in the first part of August to new owners. I still managed the property for the new owners and use it as part of Captain Bligh's Beaver Creek Lodge. The property has been rented out until May 31, 2011. 200664- Cabin Rentals- 1045 Angler Dr. This property was winterized and not being used from Jan 15t through June 10th . Starting on June 10th we used the Cabins for lodging for our fishing lodge clients. There was 3 guide boats moored at the dock. Please let me know if this meets your requirements. Regards, Steve Voth 907- 252 -6211 1 the city of KENAI,ALASKA "Vtffa e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907- 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us CONDITIONAL USE PERMIT CERTIFICATE OF COMPLIANCE YEARLY REPORT 1992 Owner's Name: KS 0_,\ '' 5-\\i`e \b4Ar\ Mailing Address: j An 3 L2---r ')C..) Le-net-A , A& Business Name: O 6)k Street Address: \DbC '4 \ I) LIS- AtIO09-6 r r._Yo 0 Attach copies of the following licenses and /or certificates or proof of compliance as required for your ermit: Alaska Business License Date of Expiration: j I 31 VD Sales & Property Tax Compliance Certificate Certification must be obtained from Kenai Peninsula Borough: In Compliance: Yes % No r/ // q( t City of Kenai Release - -This section will be completed by the City Finance Department. Lease Payments Water & Sewer - `Assessments Check & initial if current. ❑ 1 eh it Describe the business activity for the past year: „..t __ A 55 es 5 "e--►t L3 Ct'S c L 115111 1/19/2010 19(, 1/19/2010 19(, Nancy Carver From: Nancy Carver Sent: Tuesday, July 19, 2011 4:04 PM To: 'bligh @captainblighs.com' Subject: CUP Review Attachments: 0663 & 0664 Voth req info for review Itr 7.19.11.doc Steve, attached is a copy of the letter in the mail to you today. If you have questions contact me. Nancy Carver Planning & Zoning Assistant City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone - 907.283.8237 Fax - 907.283.3014 Kenai M-Amerlca Cttyr 111111 2011 Ntlre ci o f KENAI, ALASKA July 19, 2011 "Village with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Rick Voth dba Captain Bligh's Beaver Creek Lodge 1035 Angler Drive Kenai, AK 99611 RE: PZ06 -26 — Amended CUP Permit for 1035 & 1045 Angler Drive, Lots 4 & 5, Anglers Acres Subdivision Part 3 Dear Mr. Voth: When the Planning and Zoning Commission reviewed PZ06 -26, they postponed the revocation for one year with the following amended requirements: • 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. • Comply with all Federal, State and local regulations. On July 8, 2011, you were contacted to remind you that the Commission will be reviewing your permit at their August 10, 2011 meeting. To my knowledge, the City has not received any complaints relating to your business. The City has verified the following: • Out of compliance with the City of Kenai, your LID assessment payments for the following properties was due June 15, 2011: o 1035 Angler Drive — $448.66 o 1045 Angler Drive — $431.70 • In compliance with the Kenai Peninsula Borough. • Activity report for use up to June 2011, has been received, and will be provided to the Commission. • House rules are on file. If these have changed, provide an updated copy. • Provide an update on the docks being leased, or if an amendment will be applied for. • In compliance with all Federal, State and local regulations. Because you are out of compliance with the City you are in violation of KMC 14.20.150(g) Revocation of noncompliance /Compliance notices. Our recommendation to the Commission will be to revoke the permit at the August 10th meeting unless compliance can be completed. Any information you want to provide for the Commissions consideration must be submitted no later than August 3, 2011. If you have questions regarding this request or the review, contact me at 283 -8235. Information may be mailed, sent via email, or faxed to this office. My email address is ncarver(aci.kenai.ak.us. The City's fax number is 907- 283 -3014. Your timely submittal is appreciated. Sir(cerely, fr n �\ -L - �,.r0eI I �� Nancy Carver Planning Assistant City of Kenai Account Payoff Information Page: 1 Account: 4939035 Voth, Rick Aug 01, 2011 02:14pm 4939035 Voth, Rick District: ANGLER DRIVE 10 YEAR 1035 Angler Dr Location: 1045 Angler Dr Parcel ID: 04939035 Keai AK 99611 Phone: Legal Description: Anglers Acres Sub Part 3 L5 Late Other/ Principal Interest Fee Unapplied Balance Prior 06/30/2011 199.73 231.97 ,00 .00 431.70 Current 06/30/2012 199.73 231.97 43.17 1.66 908.23 Current Unbilled .00 .00 .00 .00 908.23 Future 07/01/2012 1,920.25 .00 .00 .00 2,828.48 Total 2,319.71 463.94 43.17 1.66 2,828.48 Total Payoff Balance as of 06/30/2012: 2,828.48 L * .� City of Kenai Account Payoff Information Account: 4939036 Voth, Rick Page: 1 Aug 01, 2011 02 :14pm 4939036 Voth, Rick 1035 Angler Dr Keai AK 99611 Legal Description: Anglers Acres Sub Part 3 L4 District: ANGLER DRIVE 10 YEAR Location: 1035 Angler Dr Parcel ID: 04939036 Phone: Late Other/ Principal Interest Fee Unapplied Balance Prior 06/30/2011 207.57 241.09 .00 .00 448.66 Current 06/30/2012 207.57 241.09 44.87 1.72 943.91 Current Unbilled .00 .00 .00 .00 943.91 Future 07/01/2012 1,995.75 .00 .00 .00 2,939.66 Total 2,410.89 482.18 44.87 1.72 2,939.66 Total Payoff Balance as of 06/30/2012: 2,939.66 Marilyn Kebschull la, From: Koester, Karen [KKOESTER @borough.kenai.ak.us] Sent: Friday, July 29, 2011 11:05 AM To: Marilyn Kebschull Subject: request special session Marilyn — Could you please put on the next P & Z agenda under New Business, discuss setting a special session to work on completing the review of the land use table? Thanks Karen 1 9� ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 3, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www. ci. kenai. ak. us ITEM A: CALL TO ORDER 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 I0 minutes per speaker) 1. Marilyn Kebschull, City Planner -- 2011 Comprehensive Plan Update. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. PASSED UNANIMOUSLY. Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. 2. PASSED UNANIMOUSLY. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. 3. PASSED UNANIMOUSLY. Ordinance No. 2571 -2011 -- Increasing Estimated Revenues and Appropriations by $480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 4. PASSED UNANIMOUSLY. Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 5. PASSED UNANIMOUSLY. Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery. 6. PASSED UNANIMOUSLY. Ordinance No. 2574 -2011 -- Increasing Estimated Revenues and Appropriations by $72,552 in the Anadromous Fish Protection Capital Project Fund for the Receipt of a Grant from the State of Alaska Department of Fish and Game, Division of Sport Fish, to Fund Efforts to Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake. 7. PASSED UNANIMOUSLY. Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. ITEM E: MINUTES 1. `Regular Meeting of July 20, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 4. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 5. APPROVED. Action /Approval -- Vacate Upland Way, a 15.8 foot wide Public Right -of -way Adjacent to and Dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and Vacate Overland Way, a Public Right -of -way of Varying Widths Adjacent to and Dividing Lots 3, 9, And 21 from Lots 4, 8. 19 and 20 Block 5, Dedicated by Townsite of Kenai U. S. Survey 2970A; and Vacate the Associated Utility Easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough, KPB File 2011 -079; Location: City of Kenai. 6. SET FOR MONDAY, AUGUST 29, 2011 AT 6:00 P.M. Discussion -- Reschedule Work Session -- Clerk Recruitment ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- Discussion regarding pending litigation and strategy and a matter of which immediate knowledge could have an adverse effect on the finances of the City -- Tammy Spillman v. City of Kenai. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May I8, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional. public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560-2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. ( Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 201 I) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 3, 2011 1. 8/03/2011 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 Jason Tauriainen Northwest Borough Term Expires 2014 ALTERNATES: James (sham Sterling Term Expires 2012 Lisa Parker City of Soldotna Term Expires 2014 qb KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. August 1, 2011 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 18, 2011 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Halibut Cove Lodge KPB File 2011 -101 [Seabright/Joffrion] Location: Halibut Cove area 2. Kasilof Townsite Museum Addition KPB File 2011 -102 [Johnson /CIRI, Kasilof Regional Historical Assoc.] Location: West of K -Beach in Kasilof 3. Phillips Subdivision No. 2 KPB File 2011 -103 [Johnson /Phillips] Location: On Grant Avenue in Kenai 4. Sec Line Esmt Vac Plat Assoc w /Two The Bluff Sub. KPB File 2011 -107 [Johnson /Stevens] Location: West of K -Beach in the Kenai area 5. Isaak Son's Subdivision 2011 Addition KPB File 2011 -104 [Integrity /Isaak] Location: On Jefferson Avenue in Soldotna 6. Original Townsite of Kenai Beluga Lookout Addn. KPB File 2011 -105 [Eastham /Baker, Rollins] Location: City of Kenai 7. Kenai Municipal Airport Float Plane Basin Replat No. 2 KPB File 2011 -106 [Whitford /City of Kenai] Location: City of Kenai 8. U. S. SURVEY 7676 Sub N/C KPB File 2011 -108 [Mullikin /Seldovia Waterfront Properties] Location: Seldovia Bay F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, August 22, 2011 in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough 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: planninq�cr)borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 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 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James (sham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Lisa Parker PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 August 1, 2011 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered routine and non - controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. . Time Extension Request a. Townsite of Port Graham KPB File 2010 -096; Seabright/Port Graham Village Council Location: Port Graham area *2. Planning Commission Resolutions / Resolution SN 2011 -13 a. Po Boy Ln named by plat HM2002054 Stariski Meadows Three Subdivision; T3S R14W S20; SM, AK; RENAMED to Mocha Ln. b. Deep Creek Wayside Access traveling through HM 0800002 Deep Creek Wayside Access Subdivision Lot 6A with name shown on HM 0950025 Angler's Crest Subdivision; T2S R14W S4; SM, AK; RENAMED to Wayside Rd. c. Peggy St named by plat HM 0660643 J Booth Recreational Subdivision; T3S R15W S36; SM, AK: RENAMED to Peggy Dr. d. Marit St named by plat HM0780057 Solmonson's Estates Subdivision; T4S R14W S3; SM, AK; within the Happy Valley Community; ESN 401; RENAMED to Classy Starla Ave. e. Eric Ave named by plat HM 0780057Solmonson's Estates Subdivision; T4S R14W S3; SM, AK; within the Happy Valley Community; ESN 401; RENAMED to Rowdy St. *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request *6. Commissioner Excused Absences *7. Minutes Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Dave Carey Borough Mayor a. July 18, 2011 Plat Committee Minutes b. July 18, 2011 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Resolution 2011 - ; Resolution to classify certain Borough parcels located Kasilof area off Cohoe Loop Road, all located within Section 9, T3N, R12W, S.M., Alaska, containing 72.63 acres more or less, pursuant to KPB Code of Ordinances, Chapter 17.10.080 2. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming rights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. MP 123 Ct named by plat HM2007047 Smart Subdivision; T 1N R 13W SECTION 24; Seward Meridian, AK; Off of the Sterling Hwy in the Ninilchik Community; ESN 451; REASON FOR CHANGE: To bring the name into compliance with KPB Code 14.10; PROPOSED NAME: Sleepy Marten Ct b. Reserved US Rd shown on tax maps within the Ninilchik Forty; T 2S R 12W SECTION 30; Seward Meridian, AK; within the Ninilchik community; ESN 451; REASON FOR CHANGE: To officially name within the MSAG pursuant to KPB Code 14.10 PROPOSED NAME: Reservation Rd c. Erickson Ave (north cul -de -sac) named by plat HM 0760009 Deep Creek Subdivision; T 2S R 14W SECTION 4; Seward Meridian, AK: off of Julia Steik Ave within the Ninilhcik community; ESN 451; REASON FOR CHANGE: To officially name within the MSAG pursuant to KPB Code 14.10 PROPOSED NAME: Shy Maiden Cir d. Erickson Ave (middle portion) named by plat HM 0760009 Deep Creek Subdivision; T 2S R 14W SECTION 4; Seward Meridian, AK: off of Julia Steik Ave within the Ninilhcik community; ESN 451; REASON FOR CHANGE: To officially name within the MSAG pursuant to KPB Code 14.10 PROPOSED NAME: Erickson St e. Erickson Ave (south cul -de -sac) named by plat HM 0760009 Deep Creek Subdivision; T 2S R 14W SECTION 4; Seward Meridian, AK: off of Julia Steik Ave within the Ninilhcik community; ESN 451; REASON FOR CHANGE: To officially name within the MSAG pursuant to KPB Code 14.10 PROPOSED NAME: Erickson Cir f. Aeronca St named by plat HM 2005030 Ninilchik Airport Heights 2005 Addition; T 2S R 13W SECTION 7; Seward Meridian, AK; off of Oil Well Rd within the Ninilchik community; ESN 451; REASON FOR CHANGE: To officially name within the MSAG pursuant to KPB Code 14.10 PROPOSED NAME: Aeronca Rd 3. Resolution 2011 -18; Resolution establishing procedures for appeal hearings to the Planning Commission pursuant to KPB 21.24. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 8 preliminary plats. K. OTHER /NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Meeting Minutes - July 13, 2011 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, August 1, 2011 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 Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce July 26, 2011 August 16, 2011 7:00 p.m. Cooper Landing Cooper Landing Community Hall July 27, 2011 September 7, 2011 6:00 p.m. Hope / Sunrise Hope Social Hall July 28, 2011 September 8, 2011 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 - 714 -2200 3