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HomeMy WebLinkAbout2012-09-12 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 12, 2012 - 7:00 p.m. Work Session Immediately Following Regular Meeting Comprehensive Plan - Public Review Draft 1. CALL TO ORDER: a. Pledge of AIlegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences > Commissioner Twait *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *August 22, 2012 b. August 22, 2012 Work Session Summary (Information Only) 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ12 -28 — Preliminary Plat — Stock Subdivision 2012 Replat — A replat of Lot 4, Block One, Stock Subdivision and Lot 2, Dunckley Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PPZ12 -20 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions. b. PZ12 -26 — An application for an Encroachment Permit for front and rear setbacks for the property known as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. c. PZ12 -27 — An application for a Variance Permit for a rear setback variance for the property known as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. 6. UNFINISHED BUSINESS: Agenda Page 2 September 12, 2012 7. NEW BUSINESS: a. Holiday Meeting Schedule — Discussion/Recommendation. b. *PZ12 -29 — Home Occupation Permit (Massage Therapy) for the property known as Lot 35, Block 1, Redoubt Terrace Subdivision (1608 Tanaga Avenue). Application submitted by Christine Morin, 1608 Tanaga Avenue, Kenai, Alaska. 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: September 26, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 22, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait 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 J. Twait, C. Smith, J. Rowell, H. Knackstedt, K. Koester P. Bryson (excused), K. Peterson (excused), City Planner M. Kebschull, Council Member T. Navarre, Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Commissioner Bryson • Commissioner Peterson Approved by consent agenda. aa *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 -- August 8, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS -- None. 5. PUBLIC HEARINGS 5 -a. PZ12 -25 - An application for a Conditional Use Permit for an assisted living facility for the property known as Government Lots 27, 28, 29, 32, 33 8; portions of Government Lots 34 and 31 (11823 Kenai Spur Highway) . Application submitted by Riverside Assisted Living, LLC, Robert Nash, P.O. Box 740, Zephyr Cove, Nevada. MOTION: Commissioner Koester MOVED to approve PZ12 -25 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood will not be significantly impaired. • The proposed use is in harmony with the Comprehensive Plan. • Public services and facilities are adequate to serve the proposed use. • The proposal will not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 2 Twait read the rules for public comment and opened the meeting to public hearing. Robert Nash, 10365 West Highlander, Boise, ID 83709 -- Applicant reviewed the information included with the application and offered to answer questions. Smith asked about relocating tenants from the trailer park. Nash noted they would work with tenants on an individual basis and possibly offer financial assistance with moving. Twait asked about access from South Spruce and possible expansion. Nash noted the drawing was still in the planning phase, that access would be possible and expansion of services was also possible. There being no one else wishing to speak, the public hearing was closed. Knackstedt, Koester, and Smith noted their support for the project. Twait asked administration about possibilities for the current tenants. Kebschull noted state law provided a time frame for moving and noted there were spaces available in the other trailer parks within the city. Kebschull reported each case would be looked at individually and all mobile homes needed to meet HUD safety guidelines. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeals process procedure. 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- PZ12 -20 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions. MOTION: Commissioner Knackstedt MOVED to set a public hearing on Resolution No. PZ12 -20 for September 12, 2012 and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 3 8. PENDING ITEMS -- None. 9. REPORTS 9 -a. City Council -- Council Member Navarre reviewed the August 15, 2012 City Council meeting which he telephoned into from Bethel, invited the commissioners to attend Industry Appreciation Day, and thanked Koester for her service. 9 -b. Borough Planning -- No report. 9 -c. Administration -- Kebschull reported on the Comprehensive Plan and current code enforcement issues. 10. PERSONS PRESENT NOT SCHEDULED Pat Porter, Mayor -- Thanked Koester for her work on the commission and her dedication to service. 11. INFORMATION ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. September 12, 2012 Commissioner Twait requested an excused absence from the September 12 meeting. 13. COMMISSION COMMENTS & QUESTIONS Koester thanked the commissioners for allowing her to be a part of the Commission and noted it had been a great learning experience for her. Knackstedt noted Koester would be missed, both by the Commission and the community. Twait wished Koester good luck in her new journey. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:31 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 4 AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION WORK SESSION August 22, 2012 1. Call to Order Chair Twait called the meeting to order at approximately 6 p.m. ab 2. Roll Call Confirmed as follows: • Commissioners present: J. Twait, H. Knackstedt, C. Smith, K. Koester, J. Rowell • Commissioners absent: P. Bryson and K. Peterson • Staff /Council Liaison present: City Planner M. Kebschull and Councilmember Navarre 3. Approval of Agenda: Agenda was approved as submitted. *Public Participation : PZ12-20 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions. Commission Discussion - PZ12-20 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions. Commission agreed to amend the definitions for the following: • "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. • "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. It was also agreed that future amendments would be recommended to: • Consider splitting crematory /funeral home in the Land Use Table and to provide separate definitions for each use. • Adding Middle /Junior High Schools to the Land Use Table and to add definitions for each use. 4. *Public Participation — Future Land Use Map Commission Discussion — Future Land Use Map The Commission reviewed the Future Land Use Map. The following changes were made: • Minor changes were made to the mixed use along the corridors. • Section 36 along the highway remained mixed use. • Amended the definition for the Industrial classification to, "This classification includes areas used for production, manufacturing, processing, packaging, * Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The Commission may relax this restriction. distribution, and other similar activities. The noise levels, odors and emissions typically generated are higher than other land uses and may adversely affect neighboring properties. The Kenai Municipal Airport and lands reserved for the airport and its future expansion and aviation - related uses are included in this category. • Airport classification remained industrial with changes to commercial along the Kenai Spur Highway south of the cemetery. 5. Adjournment * Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The Commission may relax this restriction. STAFF REPORT To: Planning & Zoning Commission Date: August 29, 2012 Res: PZ12 -28 GENERAL INFORMATION Applicant: Integrity Surveys 262 -5573 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — Stock Subdivision — 2012 Replat Replat of Lot 4, Block One Stock Subdivision and Lot 2, Dunckley Subdivision 308 & 310 James Street 04513041 & 04513045 RS — Suburban Residential Residential & Vacant Neighborhood Residential ANALYSIS This plat combines two lots to create one large lot. The resulting parcel is approximately 26,458 square feet. The subdivision is located in the Suburban Residential zone. The resulting lot meets the development requirements for the Suburban Residential zone. The lots are not served by City water and sewer and even with the subdivision would be considered undersize for on -site water and sewer. The minimum lot size for on -site water and sewer (State of Alaska, Department of Environment Conservation requirements) is 40,000 square feet. There is a structure located on the current Lot 4, Block 1, Stock Subdivision. It is assumed that the structure is served with on -site water and sewer. The current Lot 2 of Dunkley Subdivision is vacant. James Street is currently being upgraded through the Location Improvement District (LID) process and will result in the street being paved. The City is in the process of certifying the roll for the LID and assessments will be owed to the City for the two lots included in this subdivision. The City will record the assessment when approved by City Council. It is anticipated that the assessment will be recorded in September 2012. The street is maintained by the City of Kenai. PZ12-28 Comments Page 2 Building Official: No building code issues. RECOMMENDATIONS Recommend approval with the following requirement: 1. Prior to recording final plat, arrangements must be made with the City of Kenai for payment of assessments for the James Street Local Improvement District. ATTACHMENTS: 1. Resolution No. PZ12 -28 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -28 the c f // SUBDIVISION PLAT KENAI. ALASKA 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 STOCK SUBDIVISION — 2012 REPLAT was referred to the City of Kenai Planning and Zoning Commission onAugust 28, 2012, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Suburban Residential- RS and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat subdivides property within a public improvement district subject to special assessments. There is not a delinquency amount owed tothe 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. Prior to recording final plat, arangements must be made with the City of Kenai for payment ofassessments for the James Street Local Improverunt District. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE STOCK SUBDIVISION — 2012 REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 12, 2012. CHAIRPERSON: ATTEST: IR 11 -�Mra WED. Lr;il� L.5 GVi kuOG9oUI,EPLAY JAMES STREET HInw K /ANA LANE 66' ROW CW 1/16 ma. p BRASS CAP [489'59'00•E 133.661 U (S8959'00•W LEGEND CD PRIMARY MONUMENT OF RECORD AS NOTED 0 SECONDARY MONUMENT OF RECORD ( ) RECORD PER STOCK SUBDIVISION PLAT N0. K -1676 [ 1 RECORD PER DUNKLEY SUBDIVISION PLAT N0. 74-80 KR0 I COMPUTED DATA FROM PLATS 74-80 KRD & K -1676 133.60) LOTL T LK 2 LOT \ G� 7 58 1/16 COR BRASS CAP 268-5 CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT I AM PROPERLY REGISTERED AND UCENSED TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA, THIS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE NORMAL STANDARDS OF PRACTICE OF LAND SURVEYORS IN THE STATE OF ALASKA. NORTH NOTES; 1) DEVELOPMENT OF THIS PARCEL IS SUBJECT TO THE CITY OF KENAI ZONING REGULATIONS. 2) FRONT 10 FEET OF ADJACENT 70 THE RIGHTS —OF —WAY AND 20 FEET ADJACENT TO THE RIGHTS —OF —WAY WITHIN 5 FEET OF 111E SIDE LOT UNES IS ALSO A UTILITY EASEMENT. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTIUTY EASEMENT WHICH WOULD INTERFERE WITH THE ABIUTY OF A UTIUTY TO USE THE EASEMENT. 3) THIS IS A PAPER PLAT. NO FIELD SURVEYING WAS CONDUCTED FOR THIS REPEAT. 4) WASTEWATER DISPOSAL PANS FOR WASTEWATER DISPOSAL THAT MEET THE REGULATORY REQUIREMENTS ARE ON FILE AT THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. '1+ '4O7l1 '•',j • SCOTT A HUFF • Dale Plat Res. Dist. 20 Dote Time M VI CINNPI TY 1' = 1 MILE 28 27 26 25 36 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 THIS 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. PATRICIA L EVANS JACK C. EVANS 308 JAMES ST. KENAI. AK 99611 NOTARYS ACKNOWLEDGMENT FOR: PATRICIA L EVANS AND JACK C. EVANS SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 2012 NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENA1 PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL KP8 FILE No. STOCK SUBDIVISION 2012 REPLAT A REPLAT OF LOT 4 BLOCK ONE STOCK SUBDIVISION (PLAT NO. 660001676) AND LOT 2 DUNCKLEY SUBDIVISION (PLAT N0. 74 -80) LOCATED WITHIN THE SE1 /4 NW1 /4 SW1 /4 SECTION 34, TO6N, RI1W, SEWARD MERIDIAN, CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA CONTAINING 0.607 ACRES INTEGRITY SURVEYS INC. 43335 K —BEACH RD. SUITE 10 SOLDOTNA, AK 99669 SURVEYORS PRONE — (907) 262 -5573 FAX -- (907) 262 -6974 Mts0R+„r�6al0AC t PLANNERS JOB NO 212163 DRAM: 28 August. 2012 59 SURVEYED. 41/8 CfU F i• . 40' I •7A tax- 212163 77.UWG J niy KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -20 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO ADD DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE," AND TO AMEND OTHER EXISTING DEFINITIONS. WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS 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 Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. [ "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 5 of 12 area. (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Elementary School" means any school usually consisting of grades pre - kindergarten through grade six or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12-20 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating/Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (S)" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and/or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Dated at Kenai, Alaska this 12th day of September, 2012. CHAIR: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO PROVIDE DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE" AND TO REPLACE THE DEFINITION OF BOARDING HOUSE TO BETTER DEFINE BOARDING HOUSE IN KMC 14.22.010, "LAND USE TABLE." WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. 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 Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. Words used in the present tense include the future tense. The singular number includes the plural. The word "person" includes a corporation as well as an individual. The word "lot" includes the word "plot" or "parcel." The term "shall" is always mandatory. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification_ "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used . for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. [ "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to `inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover theprimary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 5 of 12 (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours., including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two- family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building_or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi- detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR. INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract, of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (S)" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER .SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting; or reproducing dead animals, fish, and/or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single- family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. 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 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED] STAFF REPORT 5b To: Planning & Zoning Commission Date: August 28, 2012 Res: PZ12 -26 GENERAL INFORMATION Applicant: Walter G. Martin 1003 Aliak Drive Kenai, AK 99611 252 -3851 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit — Front (House) & Rear (Garage) Setbacks Lot 5, Keith Subdivision 1003 Aliak Drive 04509023 RR1 — Rural Residential 1 Residential Neighborhood Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for 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: An encroachment as defined in KMC 14.20.185 (a) exists. An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. The property is a corner lot and located in the Rural Residential 1 zone, Setbacks in this zone are 25 foot front, 20 foot rear, and I5-foot side. Because this is a corner lot, there are two front setbacks, along Japonski and Aliak Drives. An as -built survey of this property shows the setbacks for the house and garage. Based on the as -built survey, the house encroaches into PZ 12 -26 — Comment Page 2 the front setback along Aliak Drive and the garage encroaches into the rear setback. ➢ The encroachment does not encroach upon a Federal, State or City right -of- way or utility easement. The encroachment does not encroach upon a Federal, State, or City right -of- way or utility easement. > The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. Residences are permitted in the Rural Residential 1 zone. Garages are accessory structures in the zone and permitted with a principal structure. ➢ The encroachment is not located across a platted lot line. The encroachment is not located across a platted lot line. The applicant purchased this property approximately five years ago. There is some discrepancy between the City and Borough's records as to when the house was built. The City has a building permit dated May 12, 1976 that was for a lean-to addition to the structure. However, the Borough's assessing records show the house was built in 1983. In any case, the house was built prior to the City assuming zoning powers in 1984 and is considered legally non - conforming as defined in KMC 14.20.050. The City and Borough records agree that the garage was built in 1990. The building permit issued for the garage does not specify setbacks; however, the setbacks within the Rural Residential zone have never changed. The applicant was contacted by the City after the Building Official noticed a roof structure being built between the house and the garage (a carport). The applicant contacted the City to obtain the necessary building permits and it was discovered that the house and garage are built into the setback. Because of the encroachment, a building permit cannot be issued unless an Encroachment Permit is obtained. Building Official: No building code issues. After the necessary zoning permits are obtained, a building permit will be issued. RECOMMENDATIONS The applicant did not realize they needed a building permit to construct a carport. When contacted by the Building Official, the applicant immediately ceased construction and PZ12 -26 — Comment Page 3 contacted the City for the required permits. Upon review of the application, it was discovered than an encroachment exists with the garage encroaching into the rear setback approximately 9.6 feet and the house encroaches into the front setback approximately 2.9 feet. The structures have existed as non - conforming for many years. Issuing the encroachment permit should not adversely affect neighboring properties. The application, as submitted, meets the requirements for encroachment as defined in KMC 14.20.185. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ12-26 2. Application 3. As -built Survey & Photograph \4tlhe city of/ KENAI, ALASKA Tillage with a Past Gc with a Facture" 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. PZ12 -26 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Walter G. Martin USE: Residence (Front Yard Encroachment) — Garage (Rear Yard Encroachment) LOCATED: 1003 Aliak Drive — Lot 5, Keith Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04509023 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: August 24, 2012 2. This request is on land zoned: RR1 — Rural Residential 1 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: September 12, 2012 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, SEPTEMBER 12, 2012. CHAIRPERSON: ATTEST: PZ12 -26 & 27 - Encroachment /Variance Permit 1003 Aliak Drive - Martin OWNER Name: /p2 -.21( "Pile with a Past, Gt with a Future„ � 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Mil Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 �� www.ci.kenai.ak.us :�. / r 4102G�QT ; ) ti APPLICATION FOR AN ENCROACHMENT PERMIT KMC 14.20.185 PROPERTY INFORMATION Date: Y 2 Z PETITIONER REPRESENTATIVE (IF ANY) Name: Mailing Address: Phone Number: Fax Number: Email: Property Tax ID #: 11,50 cj' O ,2 3 Site Street Address: /00 i < Z2 r. < - • Current Legal Description: Lo -t "F I\ et i NS Encroachment Requested For: (Describe the pro'ect, and use additional sheets if necessary) F r--c� ✓ --f- 5 e.1- bac K � o r -t- house. e.a,r 5 b ac K Fo r- + hsz 5 c i--a Zoning: Acreage: DOCUMENTATION Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage Plans must show locations of all existing buildings, rights -of -way or easements setbacks elevations, and any data pertinent to the application 5125 Fee (plus applicable sales tax) AUTHORITY TO APPLY FOR AN ENCROACHMENT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for an encroachment permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the encroachment. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above- referenced property for the purpose of processing this application. Date: -! 8/9/2011 Signature: Representatives must provide written proof of authorization Page 1 of 4 ENCROACHMENT DEFINITION (KMC 14.20.185(a)). "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. ENCROACHMENT PERMIT (KMC 14.20.185) Section 14.20.185 of the Kenai Municipal code outlines regulations for an encroachment permit. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. YOU MUST SATISFY THE REQUIREMENTS FOR AN ENCRRACHMENT PERMIT AS OUTLINED IN KMC 14.20.185 BELOW. ENCROACHMENT STANDARD ;(KMC 14.20.185) The Planning and Zoning Commission shall establish a finding that all the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. An encroachment as defined in KMC 14.20.185(a) exists; 2.The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement; 3. The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located; 8/9/2011 Page 2 of 4 4. The encroachment is not located across a platted lot line; 8/9/2011 Page 3 of 4 LAND USE Describe current use of property covered by this application: Rs'de-n+oJ Surrounding property: (Describe how land adjacent to the property is currently being used) North: n aeSidfill -;a.,/ South: V C C CLr1 East: R e S,` cle_ft*; a../ West: iesider 1'a, 8/9/2011 Page 3 of 4 ...,..urarwIN wow Iva Asks bumpot memoir N 30' 0L R/W JAPONSKI. DRIVE w q � U N 0(3'04' W 73.33 No Q„ W OW FENCE y t4 4,1 20' 8tNt1 tgc SETBACK WOOD 25.3 cv 0) Q /Rain tO 44 6 k aUILDr CS ,� PORCH LOT ' 4 ' te WATER €v p r_sfRV.CE 1 A 25.3 tv CI 4 !! j 73; � O� a C t' N ..� 77R a "a_ LAOr co in •.. co Swan Ste alitinel two STAFF REPORT To: Planning & Zoning Commission Date: August 28, 2012 Res: PZ12 -27 GENERAL INFORMATION Applicant: Walter G. Martin 1003 Aliak Drive Kenai, AK 99611 252 -3851 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance Permit —Rear Yard Setback Lot 5, Keith Subdivision 1003 Aliak Drive 04509023 RR1 — Rural Residential 1 Residential Neighborhood Residential General Information: 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. The City of Kenai issued a building permit for the garage in 1990. For unknown reasons, setbacks were not noted on the permit. The garage was constructed into the required 20 foot rear setback. All other setbacks are met. 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. PZ 12 -27 Comments Page 2 The applicant did not build the garage but would like to build a carport attached to the garage. Because the garage was built into the setback, a variance to build the carport into the rear setback must be approved before a building permit can be issued. 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. Garages and carports are accessory uses to the permitted residential use in the Rural Residential 1 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. Attaching the carport onto the garage appears to meet the requirement of a minimum variance. Allowing the carport construction as an attachment to the garage will maintain the existing setback. 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. Granting the variance is not based on any other non - conforming land uses or structures. Building Official: No building code issues. After the necessary zoning permits are obtained, a building permit will be issued. RECOMMENDATIONS The applicant purchased this property approximately five years ago and believed that the structures conformed to all City building and zoning codes. The applicant has started construction of a carport. The applicant was contacted by the City after the Building Official noticed a roof structure being built between the house and the garage (a carport). The applicant was unaware that a building permit was required and contacted the City immediately upon notification to obtain the necessary building permits. During the review process for the permits, it was discovered that the garage encroaches into the required 20 -foot rear setback. The applicant is hoping to obtain an encroachment permit (PZ 12 -26) for the existing structures to clear up the non - conforming status. If that permit is approved, the applicant is seeking a variance to allow construction of the carport which will be attached to the garage and as such be built into the required rear setback. Based on the as -built survey provided by the applicant, the variance would be for approximately 9.6 feet into the rear setback. PZ12 -27 Comments Page 3 The garage has existed in this location since 1990 and has not adversely affected the neighboring properties. Granting the variance for the carport should not adversely affect the adjoining properties. The application, as submitted, appears to meet the criteria for a variance. Recommend approval with the following requirement: 1. Variance is contingent upon approval of PZ12 -26, Encroachment Permit. ATTACHMENTS: 1. Resolution No. PZ12 -27 2. Application 3. As -built Survey & Photograph the ciiy o fi KENAI, ALASKA U Village with a Past, Gi with a Future" 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. PZ12 -27 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: Walter G. Martin LOCATED: 1003 Aliak Drive — Lot 5, Keith Subdivision (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 may be 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 14.20.180 (b) has been submitted and received on: August 24, 2012 2. This request is located on land zoned: RR1 — Rural Residential 1 3. Kenai Peninsula Borough Parcel No: 04509023 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.24.020 — Development Requirements — Rear Setback Variance — 9.6 Feet 5. 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. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: September 12, 2012. 7. 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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 12.2012. CHAIRPERSON: ATTEST: PZ12 -26 & 27 - Encroachment /Variance Permit 1003 Aliak Drive - Martin KENAI ALASKA Village with a Past, Cc' with a ture" Fu 9 ty 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Examl Telephone: 907 -283 -7535 / Fax: 907 - 283 -3014 1II(I, www.ci.kenai.ak.us APPLICATION FOR AN VARIANCE PERMIT KMC 14.20.180 :1992 AUG 2 4 7017 lime. o r 1 OWNER PETITIONER :REPRESENTATIVE (IF ANY) Name: Name: %J ati14 ex G � Q,t'f-i � Mailing Address: 100 3 fq 1ic(4 -0 C. Mailing Address: /4 P -n cL ") t9 K c1 C1 % !I Phone Number: 90 -7 — 26--.2• — 3 8S 1 Phone Number: Fax Number: I7 Q Fax Number: Email: 3 rem d t. b / is'c43 7. net Email: PROPERTY INFORMATION Property Tax ID #: 1/S" Q 90 a 3 Site Street Address: /00 3 /9 (i cc4t V r. K e.n 5 ��� c16 / 1 Current Legal Description: ,. p -.1. 5" 1< e� -t- h Variance Requested For: (Describe the project, and use additional sheets if necessary) UCk,r ii an t:.2 to build a Car- pO r t i ()to 1-he r 5 a e-K Zo R 1 Acreage: oL 9 DOCUMENTATION Required Attachments: Completed Application Form Site Plan /Floor Plan with Square Footage Plans must show location /elevation of all existing and proposed buildings or alterations $125 Fee (plus applicable sales tax) AUTHORITY TO APPLY FOR A VARIANCE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a variance permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the variance. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above - referenced property for the purpose of processing this application. Date:Lj —��� 8/9/2011 Signature:4ega. Representatives must provide written proof of authorization Page 1 of 4 J VARIANCE PERMIT (KWIC 14.20.180) Section 14.20.180 of the Kenai Municipal code outlines regulations for a variance permit. A variance permit is the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUTLINED IN KMC 14.20.180 BELOW. VARIANCE STANDARD (KMC 14.20.180) The Planning and Zoning Commission shall establish a finding that all the conditions (c)(1) through (c)(5) of this section have been found to exist as a prerequisite to issuance of a variance permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other land or structures in the same land use or zoning district; Pc. r'thQ5e. !n goo s" arzd `/-i cjarc9 . , 5 Ce non - CUn�U r-in i r� 5 5fruGf tom-' € , J (J e_ ward +0 bid -% s ccu- par± o f -t-O +kQ 2.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; w d t d n0-t- h ul d -f- hU 50.- ra-ce. ) cc,n d toe w e r e n o-t mad e cc. ware -F-im e - 1-hcet -+1-s2 9 cc,r -ccyz wa s b t,i1+ ierriv Q 5e--1- boc-J . 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; L 5 O- fe.rmi`+-ed (,c5c_. 8/9/2011 Page 2 of 4 C,lnc� s e 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure; b e, t eve r+- i 5 a rn i`" t fY)L c.{ri JQ _ t a_ c�e b -ec a u s e -+- h.sz so 3.Q- wct 5 b (41 I -f- ill /990 an d + 1`s +-he m o l occd-iGri "FU r k$2. Car FO r+ &ppr0 l7r! cJ 5. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district; I Iti e V CLr a coil CR 5 no-J-- bas e d t.ce o r, a413 ofhts- lion- co rtPo m '13 �c.se. LAND USE Describe current use of property covered by this application: R es Surrounding property: (Describe how land adjacent to the property is currently being used) North: South: East: f e s d e.,ii -ioj VG_ Ccca -1 West: e 5 ; d er i cc.l Re 5;d erj -icti 8/9/2011 Page 3 of 4 ACCOROWCE WON ASKS 1.040ACIE ,A 30' CL R/W JAPO.NSKI DRIVE' N 00'04' W 73.33 2 g wow ONCE l 20" 8011.1) SETBACK 0 t WOOD co w FRAA(ED wBUJLDJ S M PORCH LOT . r o h s WATER " 4 0 sERwce m �_. {� 25.3 as in m CA~ O co Q RIPE "� LO co N 00 °03' W 93.35 LOT6 t {re ,:/t KENAI, ALASKA 1/illa9e with a Past, Gciy with a Futccre'� MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 111111 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: August 27, 2012 SUBJECT: Holiday Meeting Schedule It is time for the Commission to review the meeting schedule for November and December to decide if the Commission would like to request any meeting cancellations. The second meeting in November is on November 28th. Unless a majority of Commissioners will be unavailable, I recommend this meeting be held as scheduled. The second meeting in December is December 26th, the day after Christmas. Due to the Christmas holiday, the Commission may want to request cancellation of this meeting. If we request cancellation of the meetings now, there will be sufficient time to inform the public of the cancellation(s) and public hearings will not be scheduled. Would the Commission like to request the Clerk cancel either one or both of these meetings? '1b STAFF REPORT To: Planning & Zoning Commission Date: August 30, 2012 Res: PZ12 -29 GENERAL INFORMATION Applicant: Christine Morin 283 -7603 1608 Tanaga Avenue Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation — Massage Therapy Lot 35, Block 1, Redoubt Terrace Subdivision 1608 Tanaga Avenue 04712008 RS — Suburban Residential Residential Neighborhood Residential KMC 14.20.230 outlines the regulations that allow home occupations in residential areas: (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio. (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver. PZ12 -29 Comments Page 2 (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3) Convalescent homes for the care of more than two (2) patients. (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. The applicant would like to operate a massage therapy business from her residence. One room in the house will be used for the business. The room is 10 by 12 feet or 120 square feet. The home is 1850 square feet. The code provides for up to thirty (30) percent of the residence to be used for the home occupation. Clients will be seen on an appointment only basis and the plan is to see no more than three (3) clients in any one day. There will be no employees. There is sufficient off - street parking to accommodate additional vehicles as result of the business. There is no plan to advertise the business by signage. The applicant has submitted an application to the State of Alaska for a business license. After receiving that license, the Borough will be contacted to register to collect sales tax. RECOMMENDATIONS Kenai Municipal Code 14.20.230 specifically provides for home -based businesses that can be conducted so that the average neighbor would not know they exist. Guidelines within the code restrict the square K PZ12 -29 Comments Page 3 footage of the home that can be used for the business and limit the number of employees. The proposed business meets the requirements of KMC 14.20.230. The 2003 Comprehensive Plan classifies the area as Neighborhood Residential. The Plan states, "Small home -based businesses may be accommodated within certain design guidelines." The proposed business conforms to the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1 Resolution No PZ12-29 2. Application 3. Drawings \ the tify of KENAI, ALASKA "Villa" with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 l I I www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -29 HOME OCCUPATION PERMIT 1992 A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE. FOR: Massage Therapy (Type of Permit) OPERATED BY: Christine Morin, Certified Massage Therapist LOCATED: 1608 Tanaga Avenue — Lot 35, Block 1, Redoubt Terrace Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04712008 PROPERTY ZONE: Suburban Residential WHEREAS, the Commission finds: 1. That an application meeting the requirements of KMC14.20.230, has been submitted and received on August 27, 2012. 2. That the application has been reviewed by the Commission at their meeting of September 12, 2012 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 12th day of September, 2012. Chairman: ATTEST: Me cify of KENAI ALASKA OWNER Ulla e with a Past, ai with a Future" `2'2 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 d Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 IIIIP www.ci.kenai.ak.us APPLICATION FOR HOME OCCUPATION PERMIT KMC 14.20.230 Date: Name: _1174, y114,- Mailing Address: / l_ •' /2 / / /:fig (12/ Oft, Phone Number: / 1997 7 9 Ay z PETITIONER REPRESENTATIVE (1F ANY) Name: Mailing Address: Phone Number: Fax Number: Email: l'`�/ /.i a l / /C/c:' (`Q,,77 Fax Number: Email: PROPERTY INFORMATION Property Tax ID #: 92 j GY? Site Street Address: r 4, c) % Current Legal Description: gip; KG� 0,i /4/J k t — f<. /, / 76Y1 7 . fl�� Home Occupation Requested For: (Describe the project, and use additional sheets if necessary) Zoning: ;a `' fekl-i Acreage: "-,1/2:e.>" eQ?` & /7e-.14.. A/4 DOCUMENTATION Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage KPB Tax Compliance (if applicable) State Business License (if applicable) AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a home occupation permit in conformance with Title 14 of the Kenai Municipal Code. I understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above - referenced property for the purpose of processing this application Date: 10/20/2010 Signature: 47 , Representatives must provide written proof of authorization Page 1 of 3 HOME OCCUPATION STANDARD (KMC 14.20.230) Home Occupations specifies that a permit is required for operating a business out of a home. Home Occupations are considered an accessory use and conducted so that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. 1. Permitted Use: (describe business) 4.1 4 :5:e. roc�f�'i � (126 azz...z),../ 6-? 2.Must Meet Develo ' ment Re ' uirements: a. ivot more tnan one (1) person outside the family shall be employed: b. No more than thirty percent (30 %) of the gross floor area of all building on the lot shall be used for the Home Occupation: c. The Home Occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. (C( it/( -i t,r4.4 t/ Zi•J: tc-34.)-4:e- 5. y`_J 1J, c //C - Lr 3. Fire Code Inspection Day care facilities shall be inspected by the Fire marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. 10/20/2010 Page 2 of 3 4.The Following Uses Are Prohibited: • Commercial auto and boat repair. • Commercial kennels or similar uses. • Convalescent homes for the care of more than two (2) patients. • Mortuaries. • Private schools with organized classes. • Real estate office. • Restaurants. 10/20/2010 Page3of3 LAND USE Describe current use of property covered by this application: A /)G,7A-, ° ,r'Lih1 /� ii j tie e.4.' y 07.2 L. , Surrounding property: (Describe how land adjacent to the property is currently being used) North: / L (, a ..�%'I c n /L. ' South: j 1 ( (% '. "(C / '..b? i( Z. 4'. East: _ West: .� t'"%de , CaG 2:/ 7- '✓,_.'./ //,.,, A: 9„_ 10/20/2010 Page3of3 AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 5, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http / /www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *A11 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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Resolution No. 2012 -47 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility. /Clerk's Note: At its August 1, 2012 meeting, Council amended and postponed Resolution No. 2012 -47 to the September 5., 2012 meeting, allowing administration to propose alternative methods of increased rents. Motion to approve is on the floor.) 2. Ordinance No. 2646 -2012 -- Increasing Estimated Revenues and Appropriations by $4,000,000 in Various Capital Improvement Project Funds for a Citywide Road and Infrastructure Improvement Grant from the State of Alaska. • Substitute Ordinance No. 2646 -2012 3. Ordinance No. 2647 -2012 -- Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund for an Alaska State Library Grant for Library Personnel Travel. 4. Ordinance No. 2648 -2012 -- Amending Kenai Municipal Code Section 14.20.230, "Home Occupations," to Clarify that Appeals Regarding Home Occupation Permits Shall be Made in Accordance with KMC 14.20.290, 9u. "Appeals - Board of Adjustment," and to Make Other Technical Changes to Provide Uniformity within the Kenai Zoning Code, KMC Chapter 14.20. 5. Ordinance No. 2649 -2012 -- Amending the Kenai Municipal Code, Chapter 14.22, "Land Use Table," to Make Technical Corrections by Deleting Duplicative References to Certain Uses (Parking, Printing, and Charitable Institutions ), Dividing Out Uses Grouped Together so They Are Separately- Listed Uses, and Adding Internal Code References. 6. Resolution No. 2012 -52 -- Awarding a Contract to S&H Enterprises, Inc., D /B /A Doors and Windows for the Project Entitled, "Kenai Municipal Airport Terminal Automatic Door Replacement 2012" for the Total Amount of $37,500. 7. Resolution No. 2012 -53 -- Awarding a Contract for the Erection of a 55' X 120' Soft -Sided Enclosure to Alaska Dreams, Inc. for Total Price of $39,850. E. MINUTES 1. *Regular Meeting of August 15, 2012 2. *Special Meeting of August 27, 2012 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified 2. Action /Approval -- Purchase Orders Exceeding $1 5,000 3. Action /Approval -- Confirm the City Manager's Appointment of Acting City Attorney 4. Action /Approval -- City Attorney Contract [Clerk's Note: During discussion of this agenda item council may move to suspend the rules to convene in executive session pursuant to AS4 4.62.310(c) (1) (2)J 5. *Ordinance No. 2650 -2012 -- Amending the Kenai Municipal Code, Section 13.30.035, "Paid Parking," to Change the Title of That Section to "Paid Parking; Parking Violations;" to Clarify What is Unlawful Parking in Paid Parking Areas; and to Authorize the City Manager to Issue Free or Reduced Cost Parking Permits. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2, Airport Commission 3, Harbor Commission 4. Library Commission 5. Parks and Recreation Commission City of Kenai Council Meeting Agenda Page 2 of 3 September 5, 2012 6. Planning and Zoning Commission 7. Beautification Committee I. REPORT OF THE MAYOR 1. Karen Koester Resignation from the Planning & Zoning Commission J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Public Entity and Subjects That Tend to Prejudice the Reputation and Character of Any Person - City Attorney Contract Discussion and Negotiation [AS44.62.310(c) (1) (2)] 2. Action /Approval -- City Attorney Contract APPROVED IN OPEN SESSION M. PENDING ITEMS N. ADJOURNMENT ****************************************************** * * * * * * * * * * * * * * * * * * * * * ** * * * * * *** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Correspondence from Governor Sean Parnell Regarding the Set Gillnet Fishery in the Kenai Region. 3. Committee/ Commission Application Submitted by Andrew W. McClure with Specific Interest in the Airport Commission Declared. 4. Committee /Commission Application Submitted by Holly Tuttle with No Specific Interest Declared. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-7535 ext 231. City of Kenai Council Meeting Agenda September 5, 2012 Page 3 of 3 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2015 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 Isham PC Member Sterling Term Expires 2015 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2015 Paul Whitney PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2015 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 August 27, 2012 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL ab C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered routine and non - controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request a. Tachick's Retreat KPB File 2006 -041 [Lobdell /Tachick] Location: North of Ninilchik River b. Surreal Subdivision Unit 6 KPB File 2011 -109 [Imhoff /Sirl] Location: On Elliott Avenue in Homer c. Weaver Subdivision Part Six KPB File 2008 -232 [Whitford /Michel] Location: On Skeeter Street in Sterling d. Carrol Martin Sub Jorgensen Addn. KPB File 2011 -114; Integrity /Jorgensen Location: On K -Beach Road *2. Planning Commission Resolutions a. Resolution SN 2012 -03; Naming unnamed private access within S6, T4S, R1OW; SM, AK; within Emergency Service Number (ESN) 202; Naming unnamed private access within S13, 14, & 23, T4S R11W, SM, AK; within ESN 202; Naming unnamed private access within S23, 27 & 28, T5S R12W, SM, AK; within ESN 202; Naming unnamed private access within S25 & 36, T5S R13W, SM, AK; within ESN 202 and Naming unnamed private access within S6 T6S R12W, SM, AK; within ESN 202. b. Resolution SN 2012 -04; Renaming certain public rights -of -way within S36, T4S, R11W, SM, AK; within ESN 202; Renaming certain public rights -of -way within S6 & 7, T5S, R11W, SM, AK; within ESN 202; Renaming certain public rights -of -way within S6, 13, 27, 28 & 31, T5S, R12W, SM, AK; within ESN 202; Renaming certain public rights -of -way within S6, T6S, R12W, SM, AK; within ESN 202; Renaming certain public rights -of -way within S1, T6S, R13W, SM, Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor AK; within ESN 202; and renaming certain public rights -of -way within S12, T6S, R14W, SM, AK; within ESN 202. *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request *6. Commissioner Excused Absences a. Paul Whitney, City of Soldotna *7. Minutes a. August 13, 2012 Plat Committee Minutes b. August 13, 2012 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 2012 -39; Application for the modification of an existing conditional land use permit for sand and gravel extraction in the West Forelands area. Applicant: Cook Inlet Energy; Landowner: Salamatof Native Association; Location: KPB Tax Parcel ID #: 221 - 040 -16; 9216.59 acres - proposed material site 26.5 acres, SECTIONS 5 & 8, T 8N R 14W SEWARD MERIDIAN 2. Resolution 2012 -40; Application for a variance to conditional land use permit requirements pertaining to excavation in the water table, as stated in KPB 21.29.050.A.5, for an existing conditional land use permit for sand and gravel extraction in the West Forelands area. Applicant: Cook Inlet Energy; Landowner: Salamatof Native Association; Location: KPB Tax Parcel ID #: 221 - 040 -16; 9216.59 acres - proposed material site 26.5 acres, SECTIONS 5 & 8, T 8N R 14W SEWARD MERIDIAN 3. Public notice is hereby given that public hearings will be held to name private roads and to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. Cardwell Rd named by KN0800072 Shannon Subdivision; T 4N R11W SECTION 33; Seward Meridian, AK; off of Shadura Rd in the Kalifornsky Community; ESN 302; REASON FOR NAMING: Duplicate; PROPOSED NAME: Betwixt Ave b. Desmidt Ave named by KN0820079 Slate Subdivision as Jana Ave; renamed by SN 2004 -02; T 5N R 9W SECTION 2 Seward Meridian, AK; off of Swanson River Rd in the Sterling Community; ESN 302; REASON FOR NAMING: Vacation of portion of street forced duplicate PROPOSED NAME: Slate Ave c. Gaede St (portion of) and Unnamed Private Rd named by plat KN2008059 Gaede Eighty Subdivision Airstrip Addition and continuing through unsubdivided remainder and portions of KN0970002 Herr Subdivision; T 5N R11W SECTION 35 SEWARD MERIDIAN, AK; off of Jones Rd in the Kalifornsky community; ESN 302; REASON FOR NAMING: Provides access to three or more structures PROPOSED NAME: Caterwaul Ln d. Unnamed Private Rd running through HM2009050 Catkin Subdivision Tract B & an 40 acre aliquot part of land; T 5S R 12W SECTION 26 SEWARD MERIDIAN, AK; off of Guffers Rd in the Fritz Creek Community; ESN 202; REASON FOR NAMING: Provides access to three or more structures. PROPOSED NAME: Clandestine Rd e. Jin Ave named within KN0760058 Victoria Subdivision; T 5N R 9W SECTION 29 SEWARD MERIDIAN, AK; off of Van Dyke St in the Sterling Community; ESN 302; REASON FOR NAMING: Similar sounding to Jim Ave in the same ESN. PROPOSED NAME: Burnett Way f. Lincoln Ln named within KN0770091 University Heights Subdivision Part 1; T 4N R 11W SECTION 2 SEWARD MERIDIAN, AK; off of Tagala Ave in the Kalifornsky Community; ESN 302; REASON FOR NAMING: Similar sounding to Lincoln Ave within the same ESN. PROPOSED NAME: Fillmore St 9. Unnamed Private Rd within KN0750082 Holiday Park Subdivision; T 5N R 8W SECTION 18 SEWARD MERIDIAN, AK; off of Funny River Rd in the Funny River Community; ESN 302; REASON FOR NAMING: Provides access to three or more structures. PROPOSED NAME: Runway St h. Unnamed Private Rd running through two aliquot parcels of land; T 2N R 12W SECTION 29; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Clam Gulch Community; ESN 302; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Untouchable Way Unnamed Private Rd (aka Drift Cir) running through KN0780171 Lakeridge Subdivision; T 7N R 11W SECTION 3 SEWARD MERIDIAN, AK; off of Halbouty Rd in the Nikiski community; ESN 501; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Drift Cir j. Unnamed Right of Way (aka Sattlefield Dr) dedicated within KN0740045 Kingery Subdivision No 2; T 7N R 12W SECTION 12; SEWARD MERIDIAN, AK; off of Island Lake Rd within the Nikiski Community; ESN 501; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Sattlefield Ave k. Unnamed Right of Way (aka Island Ave) dedicated within KN0000640 Island Lake Subdivision; T 7N R 12W SECTION 23; SEWARD MERIDIAN, AK; within the Nikiski Community; ESN 501; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Conundrum Ave Unnamed Right of Way (aka Tri State Dr) dedicated within KN0001467 Aurora Heights Subdivision Blocks 9, 10, & 11 Amended Plat; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of Merkle Ave within the Nikiski Community; ESN 501; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Halation St m. Unnamed Right of Way (Merkle Ave) dedicated within KN0001467 Aurora Heights Subdivision Blocks 9, 10, & 11 Amended Plat; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of McGahan Dr within the Nikiski Community; ESN 501; REASON FOR NAMING: to officially enter into the MSAG. PROPOSED NAME: Merkle Ln n. McGahan Dr (northwest of Kenai Spur Hwy) dedicated within KN0001467 Aurora Heights Subdivision Blocks 9, 10, & 11; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of the Kenai Spur Hwy within the Nikiski Community; ESN 501; REASON FOR NAMING: Similar sounding to McGahan Ridge Trl. PROPOSED NAME: Halo Way o. McGahan Dr (southeast of Kenai Spur Hwy) dedicated within KN0001510 Aurora Heights Subdivision Blocks 5 -8 & 12 -14; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of the Kenai Spur Hwy within the Nikiski Community; ESN 501; REASON FOR NAMING: Similar sounding to McGahan Ridge Trl. PROPOSED NAME: Illumination St P. q. Danna St named within KN0740073 McGahan Tracts Subdivision No 2; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of the Kenai Spur Hwy within the Nikiski Community; ESN 501; REASON FOR NAMING: Continuation of Nurphy St. PROPOSED NAME: Nurphy St Unnamed Right of Way (aka Danna Ave) dedicated within KN0001510 Aurora Heights Subdivision Blocks 5 -8 & 12 -14; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off Nurphy St within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Danna Ln r. Unnamed Right of Way (Maize Ave) dedicated within KN0001510 Aurora Heights Subdivision Blocks 5 -8 & 12 -14; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off Marhenke St within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Maize Ave s. Marie Ave (aka Christie Ave) dedicated within KN0001510 Aurora Heights Subdivision Blocks 5 -8 & 12 -14; named by 1985 series base map; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off Marhenke St within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Christie Ave t. Unnamed Right of Way (aka Marie Ave) dedicated within KN0001510 Aurora Heights Subdivision Blocks 5 -8 & 12 -14; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off Marhenke St within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Marie Ave u. Unnamed Right of Way (aka Merrill Ave) dedicated within KN0001529 Aurora Heights Subdivision; T 7N R 12W SECTION 1; SEWARD MERIDIAN, AK; off Marhenke St within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Merrill Ave v. Unnamed Right of Way (aka May Ct) dedicated within KN0001320 Field Subdivision No 1; T 7N R 12W SECTION 10; SEWARD MERIDIAN, AK; off Windy Rd within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: May Ct w. Unnamed Right of Way (aka Lola Ct) dedicated within KN0001320 Field Subdivision No 1; T 7N R 12W SECTION 10; SEWARD MERIDIAN, AK; off Windy Rd within the Nikiski Community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Lola Ct x. Dogbane Rd originally named within KN0001744 Bastien Subdivision; T 7N R 12W SECTION 13; SEWARD MERIDIAN, AK; off of Bastien Dr within the Nikiski community; ESN 501; REASON FOR NAMING: Ambiguity between Dr vs. Rd. PROPOSED NAME: Dogbane St Y. Darby St originally named within KN0770019 Noble Subdivision; T 7N R 12W SECTION 24; SEWARD MERIDIAN, AK; off of Jean St within the Nikiski community; ESN 501; REASON FOR NAMING: Ambiguity between Ave vs. St. PROPOSED NAME: Darby Ave z. Thomas St (aka Walter St) originally named within KN0750125 McCaughey Subdivision; T 7N R 12W SECTION 26; SEWARD MERIDIAN, AK; off of Industrial Ave within the Nikiski community; ESN 501; REASON FOR NAMING: Ambiguity between Thomas vs. Walter. PROPOSED NAME: McCaughey St aa. Unnamed Right of Way (aka Sea Ln) dedicated within KN0770104 Sea -Scape Subdivision; T 8N R 11W SECTIONI3; SEWARD MERIDIAN, AK; off of Scenic View Loop within the Nikiski community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Briny Ln bb. Unnamed Private Rd (aka HL Tulin Loop) entirely within Tulin properties; T 7N R 12W SECTION 12; SEWARD MERIDIAN, AK; off of Koskela Rd within the Nikiski community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Louise Tulin Rd cc. Unnamed Private Rd (aka Thompson TrI) extending from the end of Halbouty Rd to Timberlost Lake; T 7N R 1 1 W SECTIONS 11 & 14; SEWARD MERIDIAN, AK; off of Halbouty Rd within the Nikiski community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Trumpeter Swan Rd dd. Unnamed Private Rd (aka Huhndorf TrI) extending from the Kenai Spur Hwy wrapping around the West Side of Suneva Lake; T 8N R 11W SECTIONS 27 & 28; SEWARD MERIDIAN, AK; off of the Kenai Spur Hwy within the Nikiski community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Huhndorf Rd ee. Unnamed Private Rd (Rodney & Shellys Ave) traveling along the south lot lines of Govt Lots 19 & 20; T 7N R 12W SECTION 35; SEWARD MERIDIAN, AK; off of Wik Rd within the Nikiski community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Shellrod Ave ff. Unnamed Right of Way (aka Grouse Ave) located between Govt lots 26 -32 & 33 -39; T 6N R 12W SECTION 14; SEWARD MERIDAN, AK; off of the Kenai Spur Hwy within the Salamatof community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Empress Ave gg• Unnamed Right of Way (aka Williams Rd) located between Govt lots 42 -48 & 49 -55; T 6N R 12W SECTION 14; SEWARD MERIDAN, AK; off of the Kenai Spur Hwy within the Salamatof community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Enigma Ave hh. Unnamed Right of Way (aka Johnny Rd) located between Govt lots 28 -34 & 5 -38 and north of North Kenai Udelhoven Subdivision; T 6N R 12W SECTION 23; SEWARD MERIDAN, AK; off of the Kenai Spur Hwy within the Salamatof community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Essence Ave ii. Unnamed Right of Way (aka Joshua Cir) dedicated by KN000803 Kenai Development Corp; T 6N R12W SECTION 2; SEWARD MERIDIAN, AK; off of Roberts Ct within the Salamatof community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Connection St 11 Unnamed Right of Way (aka Roberts Ct) dedicated by KN000803 Kenai Development Corp; T 6N R12W SECTION 2; SEWARD MERIDIAN, AK; off of Fleet St within the Salamatof community; ESN 501; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Agile Ave kk. Hoyt Ln (aka Hoyt Ave) named by plat KN0740059 Hoyt Subdivision; T 6N R 12W SECTION 1; SEWARD MERIDIAN, AK; off of Dividend St within the Salamatof community; REASON FOR NAMING: Ambiguity between Ln & Ave. PROPOSED NAME: Hoyt Ave G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 200 -foot radius water well easement for city well #3, located south of Sea Lion Avenue and within Lots 6 & 7, granted by Fort Raymond Subdivision (Plat SW 86 -10), and also shown on Lots 6A & 7A of Fort Raymond Subdivision Replat No. 1 (Plat SW 87 -12); within Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; the City of Seward and the Kenai Peninsula Borough. KPB File 2012 -108 KPB Resolution No. 2012 -36. Petitioner: James Hunt, City Manager for the City of Seward, Alaska. Location: City of Seward SPECIAL CONSIDERATIONS 1. Steadman Sub. Resub of Tr 6 Lot 3 Bldg. Setback Exception 6 KPB File 2012 -110 KPB PC Resolution No. 2012 -37 Petitioners Darren R. and Becky Jones Location: East on Theresa Road in Soldotna 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 Minutes - August 8, 2012 2. Seward Planning Commission Minutes - July 17, 2012 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY The next regularly scheduled Planning Commission meeting will be held Monday, September 10, 2012 at Cooper Landing Community Hall, 18511 Bean Creek Road, Cooper Landing, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce September 4, 2012 7:00 p.m. Cooper Landing Cooper Landing Community Hall September 5, 2012 6:00 p.m. Hope / Sunrise Hope Social Hall September 6, 2012 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 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 Fax: 907 - 714 -2378 MEMBERS: Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2013 Mari Anne Gross Southwest Borough Term Expires 2014 Harry Lockwood Ridgeway Term Expires 2013 Robert Ruffner Kasilof / Clam Gulch Term Expires 2015 ALTERNATES: James (sham Sterling Term Expires 2015 Jason Tauriainen (July Only) Northwest Borough Term Expires 2014 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:00 p.m. August 27, 2012 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. August 13, 2012 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. W.R. Bell Subdivision Rozak Replat KPB File 2012 -109 [Johnson / Rozak] Location: City of Homer 2. Big `T' Homestead Sub 2012 Addition KPB File 2012 -115 [Johnson / Brand] Location: East of Tustumena Lake Rd in Kasilof 3. Scooter's Landing 2012 Replat KPB File 2012 -111 [Integrity / Chumley] Location: On Stinson Circle in Sterling 4. Section Line Easement Vacation Plat associated with Carrot Martin Sub Jorgensen Addition KPB File 2012 -112 [Integrity / Jorgensen] Location: On Beach Road in Kenai area 5. Carlson - Schnell Sub 2012 Addition KPB File 2012 -113 [Integrity / Howard] Location: Robinson Loop Road in Sterling 6. Birchside Acres Sub Unit 3 2012 Replat KPB File 2012 -114 [Seabright / Parker] Location: City of Kachemak 7. Jorgensen North Subdivision KPB File 2012 -118 [Segesser / Jorgensen] Location: On Kishka Street in North Kenai area 8. Veil O'Mist No. 15 KPB File 2012 -119 [Segesser / Moore] Location: On Otter Trail Road in Sterling F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY The next regularly scheduled Plat Committee meeting will be held Monday, September 10, 2012 at Cooper Landing Community Hall, 18511 Bean Creek Road, Cooper Landing, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907 - 714 -2215 Fax: 907 - 714 -2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planninqnborough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2015 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Eckfund 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 2015 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2015 Paul Whitney PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2015 KENAI PENINSULA BOROUGH PLANNING COMMISSION COOPER LANDING COMMUNITY HALL 18511 BEAN CREEK ROAD COOPER LANDING, ALASKA September 10, 2012 - 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. *1. Time Extension Request a. Price Subdivision KPB File 2009 -131; Imhoff /Price Location: Basargin Road East of Homer K -Bay APC b. A variance time extension request pursuant to KPB 21.05.050 for the construction of a 26 -foot by 48 -foot pole barn within 50 -feet of the ordinary high water mark of the Kenai River within the Poachers Cove boat basin originally approved on January 3, 2011; Parcel 057- 487-68. KPB PC Resolution 2011 -02 *2. Planning Commission Resolutions a. Resolution SN 2012 -05; Renaming certain public rights -of -way within Sections 2 & 33, T 4N, R 11W; Seward Meridian, AK; and Sections 2 & 29, T 5N, R 9; Seward Meridian; within Emergency Service Number (ESN) 302; Renaming certain public Rights -of -Way within Sections 1, 2, 14, & 23, T 6N, R 12W; Seward Meridian; within ESN 501 and Sections 1, 10, 12, 13, 23, 24, & 26, T 7N, R 12W; Seward Meridian, AK; within ESN 501 and Section 13, T 8N, R 11W; Seward Meridian , AK; within ESN 501. b. Resolution SN 2012 -06; Naming unnamed private access within Section 29, T 2N, R 12W; Seward Meridian, AK; within Emergency Service Number (ESN) 302; and Naming unnamed private access within Sections 3, 11, &14, T 7N, R 11W; Seward Meridian, AK; within ESN 501; and Naming unnamed private access within Sections 12 & 35, T 7N, R 12W; Seward Meridian, AK; within ESN 501; and Naming unnamed private access within Sections 27 & 28, T 8N, R 12W; Seward Meridian, AK; within ESN 501; and naming unnamed private access within Sections 27 & 28, T 5S, R 12W; Seward Meridian, within ESN 202 *3. Plats Granted Administrative Approval - None Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor *4. Plats Granted Final Approval (20.04.070) - None *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Cindy Ecklund, City of Seward Minutes a. August 27, 2012 Plat Committee Minutes b. August 27, 2012 Planning Commission Minutes *7. D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) 1. Cooper Landing Walkable Community Committee E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Ordinance 2012 -35; An ordinance authorizing a negotiated sale at Fair Market value of a 160 foot by 200 foot parcel located adjacent to Nikishka Beach Road in Nikiski to the Lessee, East Shore Home Properties. 2. Public notice is hereby given that public hearings will be held to name private roads and to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. Morgan Rd/ Jet Dr originally named by KN0760129 Rolling Hills Subdivision (Jet Dr) & KN0780030 Salty Dog Heights Subdivision Part One (Morgan Rd); T 5N R 9W SECTIONS 15, 21 & 22; Seward Meridian, AK; off of Scout Lake Loop Rd in the Sterling Community; ESN 302; REASON FOR RENAMING: Ambiguity of street name for one continuous road; PROPOSED NAME: Lou Morgan Rd b. Ermine Way originally named by KN0760030 Naptowne Heights Subdivision; T 5N R 8W SECTION 7 Seward Meridian, AK; off of Otter Trail Rd in the Sterling Community; ESN 302; REASON FOR RENAMING: Change suffix to meet KPB code requirements. PROPOSED NAME: Ermine Ave c. Skilak St originally named by plat KN0001189 Panoramic Park Subdivision; T 5N R 9W SECTION 17 SEWARD MERIDIAN, AK; off of Tustumena St in the Sterling community; ESN 302; REASON FOR RENAMING: Change suffix to meet KPB code requirements. PROPOSED NAME: Skilak Ln d. Alder St originally named by plat KN0730029 Greenacres Subdivision No 2; T 5N R 8W SECTION 27 SEWARD MERIDIAN, AK; off of Feuding Ln in the Sterling Community; ESN 302; REASON FOR RENAMING: Duplicate. PROPOSED NAME: Natural Ave e. Unnamed Rd (aka Gatten Rd) originally dedicated within KN0000995 Gatten Subdivision; T 5N R 8W SECTION 7; SEWARD MERIDIAN, AK; off of A Private Rd in the Sterling Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Gumption Ave f. Unnamed Rd (aka Handley St) originally dedicated within KN0000858 Handley Subdivision No 1; T 5N R 9W SECTION 11; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Handley St g. Ray St (aka Roy Ave) originally named by plat KN0000525 Sumpter Subdivision as Roy St; Certified by 1985 base map as Ray St; T 5N R 9W SECTIONS 12 & 13; SEWARD MERIDIAN, AK; off of Scout Lake Loop Rd and Great Land St in the Sterling Community; ESN 302; REASON FOR NAMING: Ambiguity of street name & jump street. PROPOSED NAME: Reverie Ave E & Reverie Ave W h. Karen Ln (aka Card Rd) originally named by plat KN0760176 Galliher Subdivision; T 5N R 8W SECTIONS 13 & 14; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Ambiguity of street name. PROPOSED NAME: Card St Daughters Ave (aka Cooks Daughters Ave) originally named by plat KN0840082 Cook Estates as Cook Daughters Ave; Certified by 1985 base map as Daughters Ave; T 5N R 8W SECTION 12; SEWARD MERIDIAN, AK; off of Three Johns St in the Sterling community; ESN 302; REASON FOR NAMING: Ambiguity of street name. PROPOSED NAME: Mademoiselle Ave j. Hallelujah Dr (aka Hallelujah Trail Dr) originally named by plat KNO810114 Birch Hollow subdivision Part Two Mettille 1981 Addition as East Hallelujah Trail Dr; Certified by 1985 base map as Hallelujah Dr; T 5N R 9W SECTION 30; SEWARD MERIDIAN, AK; off of Dayspring St in the Sterling Community; ESN 302; REASON FOR NAMING: Ambiguity with street name. PROPOSED NAME: Charisma Ct k. Doser Dr, Unnamed Right -of -way & Private Rd (aka A Private Rd) named within KN0860027 Doser Subdivision No 3, partially dedicated within KN0000995 Gatten Subdivision and continuing north along the border of several Govt Tots; T 5N R 8W SECTION 7; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: A Private Rd Unnamed Private Rd (aka Solid Rock Rd) entirely within private property owned by Solid Rock Ministries Inc; T 5N R 10W SECTIONS 23 & 24; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Solid Rock Rd m. Unnamed Private Rd (aka Bee Joyce St) provides access from the Sterling Hwy along lot lines to an aliquot part parcel; T 5N R 8W SECITON 13; SEWARD MERIDIAN, AK; off of the Sterling Hwy in the Sterling Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Bee Joyce St n. 81st Ave (aka N Strawberry Rd) originally named by plat KN0780011 Resubdivision No 2 of Tract 1 Matranga Subdivision; T 5N R 10W SECTION 5; SEWARD MERIDAN, AK; off of Strawberry Rd in the Ridgeway community; ESN 302; REASON FOR NAMING: Ambiguity of street name. PROPOSED NAME: N Strawberry Rd o. M St (aka Mink Ave) originally named by plat KN0770153 Rex W Eagle Homestead Tract B; T 5N R 10W SECTION 8; SEWARD MERIDIAN, AK; off of Chisik St in the Ridgeway community; ESN 302; REASON FOR NAMING: Ambiguity of street name. PROPOSED NAME: Mink Ave p. q. Sports Lake Rd & Unnamed Private Rd (aka Conner Rd) named by plat KN0910065 Bubba's Lakeside Retreat and commencing at the corner of Moser St and Sports Lake Rd, continuing northeast through several Govt and aliquot part lots concluding at a parcel owned by Salamatof Native Assn Inc; T 5N R 10W SECTIONS 10, 15 & 16; SEWARD MERIDIAN, AK; off of Sports Lake Rd in the Ridgeway community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Conner Rd Jakes Ct originally named by plat KN2001039 Young Estates; T 05N R 10W SECTION 22; SEWARD MERIDIAN, AK; off of Riggs Ave in the Ridgeway community; ESN 302; REASON FOR NAMING: Change suffix to meet KPB code requirements. PROPOSED NAME: Jakes Cir r. Unnamed Public Street (aka Marshall Dr) dedicated by plat KN0001059 Sunset Park Subdivision; T 05N R 10W SECTION 30; SEWARD MERIDIAN, AK; off of Knight Dr in the Ridgeway community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Marshall St s. Unnamed Right of Way (aka Old Kenai Spur) portion of the old alignment of the Kenai Spur Hwy commencing at Lancashire Dr and traveling southwest, concluding at the south section line for; T 05N R 10W SECTION 17; SEWARD MERIDIAN, AK; off of Lancashire Dr in the Ridgeway community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Nicholas View Ln t. Unnamed Right of Way (aka Poachers Cove St) dedicated by plat KN0001453 Rainbow Subdivision; T 5N R 10W SECTION 19; SEWARD MERIDIAN, AK; off of Big Eddy Rd in the Ridgway community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Poachers Cove St u. Unnamed Right of Way (aka Sabaca Ln) dedicated within KN0001382 Hodgson Subdivision; T 05N R 10W SECTION 30; off of Spruce Ave in the Ridgeway Community; ESN 302; REASON FOR NAMING: Officially enter into the MSAG. PROPOSED NAME: Sabaca Rd G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING 4 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. Seward Planning Commission Minutes - August 21, 2012 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, September 24, 2012 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEE Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce September 18, 2012 7:00 p.m. Coo Cooper Landing p g Cooper Landing Community Hall October 3, 2012 6:00 p.m. Hope / Sunrise Hoe Soc apHall October 4, 2012 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 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 Fax: 907 -714 -2378 e -mail address: planning( borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 5 MEMBERS: Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2013 Mari Anne Gross Southwest Borough Term Expires 2014 Harry Lockwood Ridgeway Term Expires 2013 Robert Ruffner Kasilof / Clam Gulch Term Expires 2015 ALTERNATES: James !sham Sterling Term Expires 2015 Jason Tauriainen (July Only) Northwest Borough Term Expires 2014 KENAI PENINSULA BOROUGH PLAT COMMITTEE COOPER LANDING COMMUNITY HALL 18511 BEAN CREEK ROAD COOPER LANDING, ALASKA 6:00 p.m. September 10, 2012 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. August 27, 2012 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. East Quartz Creek Unit Young Replat James Addn. KPB File 2012 -120 [Cooper /James] Location: On East Quartz Creek Rd. in Cooper Landing Cooper Landing APC 2. My View Sub. 2012 Replat KPB File 2012 -121 [Johnson /Mairs, McCune] Location: West of Sterling Highway in Ninilchik 3. Fresh Start Subdivision Revised Preliminary KPB File 2012 -122 [Integrity /Fresh Start Inc.] Location: City of Kenai 4. Razdolna 2012 Addition KPB File 2012 -123 [Mullikin /Basargin] Location: On Basargin Road in Homer K -Bay APC 5. Greenwood Heights 2012 Addition KPB File 2012 -124 [Mullikin /DeArmoun] Location: On Finch Avenue in Homer K -Bay APC 6. Wilshire Acres Bright Addition KPB File 2012 -125 [Imhoff /Bright] Location: On Gamble Street in Homer K -Bay APC 7. Lulu Middleton Revised Preliminary KPB File 2011 -170 [Imhoff /Middleton] Location: On East End Road in Homer K -Bay APC 8. Lorene's Lament Kaufman Addition KPB File 2012 -126 [Imhoff /Kaufman] Location: On Lorene's Street in Homer K -Bay APC F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, September 24, 2012 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, AK 99669 at 5:30 p.m. PLANNING DEPARTMENT Phone: 907- 714 -2215 Fax: 907- 714 -2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planninq@borough.kenai.ak.us web site: www. borough .kenai.ak.us /Alanningdept CITY OF KENAI PLANNING & ZONING COMMISSION Work Session September 12, 2012 Immediately following regular meeting! Comprehensive Plan - Public Review Draft Plan will be distributed at the work session!