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1996-07-24 p&z packet
CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo July 24, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: July 10, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. Encroachment Permit-Lot 7, Lawton Subdivision, (113 Walker Lane) Kenai, AK-PZ96-52 b. Reconsideration of Prime Residential Zone-PZ96-41 7. NEW BUSINESS: a. Landscape/Site Plan Review-Lot 10, Block 2, Cook Inlet Industrial Air Park- PZ96-51 b. Proposed Sign Code for Townsite Historic District 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. James Street Cabins (Miscellaneous Inf. from Council Meeting) b. 1996 Borough Calendar c. Notice of Borough Planning Commission Action of July 8, 1996 d. Telephone message from Betsy Arbelovsky dated 7/16/96 e. "Notice of Meetings" mailed to Woodland Subdivision Residents Planning & Zoning Commission Agenda 13. COMMISSION COMMENTS & QUESTIONS: Page 2 July 24, 1996 14. ADJOURNMENT: ~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo July 10, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 26, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. Cerepa S/D No. 2 -Replat of Lots 1 & 2, Cerepa S/D b. Misty Haven Subdivision -Replat Tract A 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Special Management Area Advisory Board Minutes of June 20, 1996 b. Letter dated June 27, 1996 from Frederick & Sue Duthweiler c. Kenai Peninsula Borough Memo -Subdivision Plan Reviews 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION July 10, 1996 ***Minutes*** UNAPPROVED 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Karen Mahurin, Kevin Walker Others present: Councilman Duane Bannock, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: Chairman Walker noted no additions to the agenda before the Commission and asked for approval of the agenda. GLICK MOVED FOR APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED THE MOTION. Walker asked if anyone opposed unanimous consent. No opposition noted. AGENDA APPROVED. Chairman Walker noted that Commissioner Bryson and Councilman Bannock had arrived. 3. APPROVAL OF MINUTES: June 26, 1996 GOECKE RECOMMENDED APPROVAL OF THE MINUTES OF THE JUNE 26TH MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GLICK. Walker asked if anyone opposed unanimous consent. No opposition noted. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. Cerepa S/D No. 2 - Replat of Lots 1 & 2, Cerepa S/D MAHURIN MOVED FOR APPROVAL OF PZ96-49, CEREPA SUBDIVISION NO. 2. MOTION SECONDED BY BOOTH. Walker asked for additional staff comments. La Shot stated nothing additional. Item brought back to the Commission for comment. No comments. ., VOTE: 7 GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES UNANIMOUS. b. Misty Haven Subdivision - Replat Tract A GOECKE RECOMMENDED APPROVAL OF PZ96-50, MISTY HAVEN SUBDIVISION. MOTION SECONDED BY MAHURIN. Walker asked for additional staff comment. La Shot noted nothing additional. Item brought back to the Commission for discussion. Bryson noted he would be abstaining from this item as he will be working on the subdivision for the owner. VOTE: BRYSON ABSTAIN WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES WALKER YES MOTION PASSED. 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Councilman Bannock stated drew attention to item 12b in the packet which was a letter from the Duthweilers. Bannock stated that the Duthweilers were at the council meeting noting their unhappiness to the action the city had taken at the section line off of Cannery Road directly between the Borough property and the City of Kenai property. ~ Planning & Zoning Commission Page 2 Minutes June 26, 1996 The city placed signs on their side towards the water on the beach telling people not to `~ drive on the soft part of the beach. The Duthweilers felt that this was not legal and not the right thing to do. Bannock drew attention to Item 4 of their letter stating their objection to the suggestion that people be encouraged to use the Cetacea Way entrance to the beach. Bannock noted the Duthweilers own the property from the Cetacea Way entrance all the way to the section line. Bannock drew attention to the map on the wall and explained where the Duthweiler's property was located. Bannock stated they felt they were the only people in the U.S. wherein the front and back of their property had beach front access making them unique property owners. Bannock stated council did not take back anything they had done in previous meetings; however, directed administration to contact the person who lives on the Kenai side of that section line (Parazoo). Bannock commented that perhaps the city placed the signs in the wrong spot. Bannock stated that in regards to Mr. Manninen and Item G2, Manninen was given a written notice of the reasons the council has proposed his termination. Bannock stated that the particular items of the letter are subject to a public hearing on August 7th at which time council will be in a position to terminate his vote to terminate his employment with the City of Kenai. Bannock stated there is interesting math on the table with Item G1 regarding water and sewer mains for Habitat for Humanities. Habitat asked the council at budget time for a grant of $30,000 to install water and sewers to their properties. Bannock stated he supported that grant for the simple reason that mathematics of it make sense. Bannock stated that if the Habitat people decided they were going to bring in water and sewer and use the city to do it and form their on local improvement district, since they own 100 percent of the property they could get 100 percent of the people to do it. The city's contribution to that LID would be in excess of $52,000 using the city's math. Bannock noted it made sense to him to give them the $30,000 to have them take care of it. Bannock stated the $30,000 was withdrawn from the budget; however, it is becoming clear that that may be a more financially reasonable way to go. Walker commented that it appeared there is a policy decision that has not been published previously. That being, the city is helping them build houses now. Walker asked if the city is now involved directly with Habitat. Bannock stated no and asked that the group keep in mind that there are a lot of people in Kenai that have water and sewer put in absolutely free. There are other places that pay 100 percent, other places pay a particular percentage. Bannock noted that if anything the city has been consistently inconsistent with the present rules. If an LID is formed, 25 percent is to be born by the property owners and in that scenario that is where the city would be paying more than the $30,000. Bannock noted the City of Kenai is not involved with Habitat for Humanity and commented that he felt this is a good program regardless if it is Planning & Zoning Commission Page 3 Minutes June 26, 1996 Habitat for Humanity or "John Q. Builder" off the street. Bannock stated that if they \~ are able to get the same net effects with less cash, he will always support that. Mahurin commented that the $30,000 is the same amount that the Art Guild asked for the roof of a city owned building and that was denied. Bannock stated he thought that was the correct amount. Mahurin stated she could also say there are some residents in the City of Kenai who are not on city water who have had substantial problems and the city refuses to come in and do an assessment district. Bannock commented that regarding the Vozar Trade/Purchase of property on the agenda, there is a piece of property owned by Daniel Hakkinen on the mouth of the Kenai River. Bannock stated the Vozar and Hakkinen have put together a proposal which would split the cost of Hakkinen's price in half. Vozar would be responsible for coming up with half of the cost and the city would be responsible for the other half at which time that property would be deeded over to the city. The cost discussed is $80,000 of which the city would be responsible for $40,000. Council has taken a look at that situation but there are a lot of questions that need to be answered. Goecke asked what happens to the piece of property between Vozars and Hakkinen? Bannock stated it is not on the table and believed it is already in private hands. Bannock rephrased stating the property is in private hands. Walker asked why the city would want to participate in the purchase of this property. Bannock stated he didn't want to. Walker asked why it is under consideration. Bannock stated it was an agenda item because it was asked of the city. The city has taken no action. Mahurin stated she is aware from group discussions after the rezoning of Old Town and after the bluff caved in that there seem to be a lot of residents who would like a piece of property that can be used for viewing, resting, meditation. Mahurin stated so there is a large constituency who would like to see the city purchase that property so there is one piece of view open to the public property close to the river. b. Borough Planning Bryson stated he would start by reporting on the June 24th meeting noting the agenda had been in the packet a few weeks ago. There were several items of general interest. One was Ordinance 96-24 which adopted regulations for parking size, weight restrictions, and construction within borough rights of way. Bryson noted this would also govern activities along the easement, if the property next to the Duthweilers is a right of way, this would affect activities there. Bryson noted that isn't what initiated this; instead it was activities along the Kenai River. Bryson stated this went to public hearing and it was recommended for approval by the Planning Commission. Bryson stated the other item that was acted on concerned renaming a street as result of the 9-1-1 activities in the borough in Ridgeway. Administration proposed naming the Planning & Zoning Commission Page 4 Minutes June 26, 1996 entire right of way River Avenue and a number of businesses protested. They had been advertising that their businesses are on Spruce Street. The Borough Planning Commission went out for readvertising proposing to rename the right of way Spruce and that was approved. Bryson commented he had proposed to combine the two names and call it Spruce River Avenue. A plat was pulled from the agenda, Strawberry Fields Forever Subdivision. Bryson stated they also had a meeting on July 8th. A number of persons testified including Linda Zaugg who is Director of the Division of Community Corrections who gave a presentation on halfway houses. Bill Weimer of Allvest also presented information on the same item. Bryson stated he presumes they are providing early input on a public hearing that is coming up at the borough level for a proposed facility in Nikiski. Bryson stated Ordinance 96-22 was held for public hearing which would amend the borough chapter concerning advisory planning commissions. No action was taken. In the Cooper Landing and Kasilof area there were two reclassifications which were approved for borough property. The land use plan update was approved for the Cooper Landing area. An ordinance authorizing a lease for the City of Kenai for the well and other activities was approved. Strawberry Fields Subdivision was approved. c. Administration La Shot asked the Commission to look at Item 12c in information. La Shot stated this has to do with the possibility that DEC will no longer review subdivisions for onsite water and sewer provisions. La Shot stated that at this time this is not final and there is a chance that this could be reversed and there could be funding available. La Shot stated it looks like the burden will be passed onto the borough since they have platting authority. The borough is not sure what will be done but they are planning to probably implement an ordinance that will require an engineer's stamp on a plat. La Shot stated at this time DEC does subdivision reviews but they also require in most cases where onsite water and sewer is proposed that an engineer prepare a report certifying that soils and other conditions are adequate to support that. La Shot stated that in most cases there probably will not be an additional burden to the subdivider but there could be instances where there will be if plenty of time is not taken to review this make sure that it is instituted properly at the borough level. La Shot stated he had an opportunity to speak with Governor Knowles about this on Friday and he is promising to do what he can to make sure that DEC maintains the review. La Shot stated that statewide the reduction in the budget was $185,000 for this. Knowles is also looking at the borough possibly collecting a fee and passing it on to DEC for review. La Shot stated that right now they do that for free. Planning & Zoning Commission Page 5 Minutes June 26, 1996 Bryson stated he should have reported on this item. Bryson stated there was a proposed resolution up for action at the planning commission level and the staff withdrew the proposed draft and they requested in the interim Resolution 88-02 be maintained on the books, which was never withdrew when DEC began reviewing plats again. This resolution is presently in effect and the recommendation was that they leave it in effect until they get through this period. Bryson stated that essentially a plat note had to be put on the plat stating the plat may or may not be adequate for water and sewer. Bryson stated that as he understands it the wishes of the administration right now are to attempt to get DEC to leave the regulations in effect and that would at least provide the authorization to delegate that authority to other agencies. Bryson stated they will be talking to local engineers and surveyors to get input from them. Bryson noted it will not be taken care of in the short term. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Special Management Area Advisory Board Minutes of June 20, 1996 b. Letter dated June 27, 1996 from Frederick & Sue Duthweiler c. Kenai Peninsula Borough Memo -Subdivision Plan Reviews 13. COMMISSION COMMENTS & QUESTIONS: Mahurin commented that they have lived close to Hansens for close to 19 years and reading the last meeting's agenda found it interesting that someone finally complained with so many other things going on in that area. Mahurin commented that she had driven through Old Town and noted how nice the area is near the Loftstedt cabins and recommended that anyone who hasn't seen it should go by. Mahurin asked if the new Gary King sign meets the sign code. No further comment from Commissioners. 14. ADJOURNMENT: Meet' g adj urned at approximately 7:30 p.m. M rilyn Kebschull Administrative Assistant Planning & Zoning Commission Page 6 Minutes June 26, 1996 CITY OF KENA! ~ a. ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ a-~~ab 'II~~1 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been Scheduled for the Planning and Zoning Commission Meeting of July 24, 1996: An application for an Encroachment Permit for front yard setback requirements for the property described as Lot 7, Lawton Subdivision (113 Walker Lane), Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to July 24th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY July 1 1, 1996 STAFF REPORT To: Planning & Zoning Commission Date: July 11, 1996 Prepared By: JL/mk Res: PZ96-52 GENERAL INFORMATION Applicant: William & Esther Segura 1 13 Walker Lane Kenai, AK 9961 1 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS Encroachment Permit Lot 7, Lawton Subdivision RS-Suburban Residential Medium Density Residential City Engineer: The southwest corner of this single family, one story structure encroaches 0.3 feet into the front yard setback. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-52 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ 96-52 A RESOLUTION OF THE PLANNING AND ZONING .COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: William & Esther Segura LOCATED: 1 13 Walker Lane LEGAL: Lot 7, Lawton Subdivision WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on July 10, 1996 2. This land is on land zoned RS-Suburban Residential 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4- The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on July 24 1996. 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 permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 24th day of July 1996. t~ti~~' AT EST: Planning Secretary CHAIRMAN ,~ ~. ~ , ~ `_ 1791-1991 CITY OF KENAI ,'a~;l G'd~r:~,l o~ ~4~~,, 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283.753 ~71~Z ~~ FAX 907.283-30 Cj1 APPLICATION FOR ENCROACHMENT NAME _ ~w v - l l~/tit °` S ev~ ~ Y ~. STREET `ADDRESS j `7j l~ R- (~~y ~~ MAILING ADDRESS ~ ~- ~ ~ ~~ LEGAL DESCRIPTION L0~ ~ ~~~ 5~o~c\J~'S tZ.Dti ZONIING DISTRICT :.(Circle..-1) C CC RU R CG RR RR-1 RR-2 RS RS-1 RS-2 IL IH PHONE ©~ Z.~3 - CSI - G? -'~L-7~7 ~ Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMBER TO INDICATE THAT YOII HAVE READ AND UNDER8TAND THESE CONDITIONB. 1. ~ 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. 2 • ,~ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I O N A L C O M M E N T S Signature of Applicant: ~. ~nN~ ~~ Riw -.+_ WnI.K~ l ' ~ ~~ S7.t• O n 0 0 E E M 9 a` 1'x.1 ~ .~ r. V~ N. j _ 5: _'J~ .o i---._ sir~y/r -- s~~y f ~ n.6~ .1 1 J(,~' - -- --- 1 1 i1{ ~ 1 , oS (; .i' i ~_~ G~ ai; N; 1 :] N 3 7 •. Y~ - ,..~4 ?~'~~ ~~ J• r ::;: x y~i :,,~ •~y~ •. _ : f 1 .i ~ FJ .:4;~, :::4$ .~ .: 3 ~' II N ~~ u I :q~ij , .:' '~` is 7 D ,, 1 y LOT SL7RVEY CERT{F)CAT{ON ,.;,:.; ~ - ~ . - •,~. >ts-©uilt Certificate: ;~ R::CT LOT --=- gLOCh: __ ed:/: e=tifr that I have survey ~ `_~ V 1 j 17;J . 1 her~uy ^ •~•L the win described property: toll 0 9 -= . Jj~ L ~ ~. '.ti 7 L;~'IJTOId ,U3D)VLION .. ~i RECOR~iNG UtSTRICT };E~`1t ! LOT ____--- py chments exist exCe~ _, ~ ... and that no encroa LEGEND ' as indicated. '-: ~~'::• 0 Szass Ca? " ::cclusion !:v=^: ;_.• (~oL~°) .•:=.«y) U rtc!~ar : S x 30' ;`° = ~ -~ ` of the ownerY It is the zesnonsibility tence of any eass i t --- ~ -- - s he ex to detezzoine strictions which-.' ~esrc°''ce c,: L ~ `' l{L ~ ments,covenan':;,oz ze n the recorded subdivi-_ ' ' ~~~.. ~ ~ • do rot aFPear o cwnstances shoal i / z c •'•{~~{~ i0 1./.-Z ~~"'~"~: •• Ua.c: r Sion F1at.Undcr no c ta hereon be used for co d =t~ .;.0.! (~~~' "•u•! ~ i°°20~ o y a e6 or for establishing boundary ,~a.c: Rl £ ~ ASSOCIATES ~incs- . • DOW! ~ GN A P. 0. BOX 1974, SpLpO1~NA, ALASK •___-- -. • 9011 .;URVEYORS ?~,? _ ErJc„~(~~rRS i __ - .~ ivy /od ~ _~' t ~ . .~ ...-. . Y!!t~ . z __.__ -- /rD //L 20z o M z06 : lOB ~ 30L ,304 34B 3Q9 t ~l,II;~ 1PJf ~ STACEY w ~ :t -:._ ._ _ -~_ e ~ 0 .. - ` - ~ ~ 1RR,~o sat~l~oh =i ~ ._ ll~~ o r..4 N ti r~ ~ ~ . ~ - ~ IR 4. It /p //5 MIRROR 4Yi '1j ~/O I/'~' ~ ~5) • !6 M- +R , O h ati '~V 1 I! .~ ~ a-- 2 Z r OERUM .r " ^\ ~' 9 W _ ~ `V 27 22 21 2R ~ O ~ s /o ^' . z I~ ,s ~~ a ~ -- .TERN ~y~ ~ - ^~ 8 s ^%~ j~~ 1 , , ~ r _ ,~ ! ' ~I ~h i _ ~t~ ~ . 'k'b -i ~R V I t tiv v• t2 ti ti Qy ~ • +s g R I 1 ~~ ~J/r/t\{ ~ ~ ` ~ {~ ~~ ' ~ /~~ ~~~ rR Tr ~ (~ b CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE Kenai City Council Chambers July 24, 1996 at 7 p.m. For Information Call: 283-7933 CtTY OF KENAI PLANNING AND ZONING COMMISSION. RESOLUTION PZ 96-41 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL THE ESTABLISHMENT OF A PRIME RESIDENTIAL ZONE TO BE ADDED TO ZONES LISTED IN TITLE 14 OF THE K.M.C. OF THE CITY OF KENAI. WHEREAS, the Planning & Zoning Commission received a request from Michael Christian, a citizen of Kenai, that a new zone be established, and; WHEREAS, the Planning & Zoning Commission received public comment at meetings held in April and May, 1996 and a duly advertised public hearing was held on May 22, 1996, and; WHEREAS, the Planning & Zoning Commission determined the current zones do not address the development requirements as listed for the Prime Residential Zone. NOW, THEREFORE BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT A NEW PRIME RESIDENTIAL ZONE AS NOTED ON THE ATTACHED "EXHIBIT A" BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 22, 1996. CHAIRPERSON ATTEST: Planning Secretary Reconsideration Requested: June 12, 1996 Reconsidered: July 24, 1996 Passed: July 24, 1996 1420.095 Prime Residential Zone (ktP) (a) Intent. The RP Zone is intended to provide for medium density residential development that will provide a rural ambiance with higher standard residences. The specific intent is establishing this zone is: (1) To separate residential structures to an extent which will: [i] Allow for adequate light, air, and privacy; [ii] Preserve the rural, open quality of the environment; (iii] Provide for stable property values by setting higher development standards. (2) To prohibit uses which would: [i] Violate the residential character of the environment; [ii] Generate heavy traffic in predominantly residential areas. (b) Principal Permitted Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined in this chapter. (See Definitions.) (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. Page 1 of 6 Attachment A Ordinance No. 1704-96 ~; a : prineipri iereittad Ute C ^ Conditiorrl Use S • Seoenesry Use M ~ Mot pere»tted Table 1 of 3 MOTE: Reference footnotes on follori~ pepee for edditionel restriction. ;,: ZQHING DLSTR)<CTS'." . C RR RR: < ' RS R5~ > RS 'RU CC CG : II.. 1g ' R T LAND USES 2 .1 ~ 2 ` S RP' RF.SIDEI~TITAL ~.~ ._ ~~ ~ ~~ - `" ;" >,. ~`~: .,. H~. r One Family Dwelling P P P ~ P P P ~ S St SZ P ~ P P ~~ Two Family Dwelling P P P I P P P S P P N Three/Four Family P p l p I S S~ + N Dwelling I Five/Six Family C3 P I P S S' N Dwelling Seven or More Cj I C; I P S I S~ C ~ N Family Dwelling Townhouses ~ C C ~ C ( N Mobile Homes s ~ N bil s Home P o C C N ~ Planned Unit !deatial C C C N elopment ~ I I I I I I I I I I I I I N ~. ~ ~ ~ :. Automotive Sales ( I I P P P ~ N Automotive Service Stations ( P P P I N Banks I P ~ P ~ N Business/Consumer Services p p I C N Hotels/Motels P P C ~ N Professions! Offices P P P P P S~ P N Restaurants C° P P C C N Retail/Wholesale Business p p p P C I C N Theaters/ Commercial P P P C N Recreation re 2 of 6 ~..tachment A Ordinance No. 1704-96 CITY OF KENAI LAYD liSE TABLE ITT: c = Principal Peroittea Use C = Cotditional Use S ^ Seeatidary use N = Mot permitted MOTE: Refererrce footrotes an follorinp popes for additianat restriction. Table 2 of 3 ZQHING DISTRICTS ~.'.:, C. RR RR RS RS `. RS ' RU CC CG II.` IH R T LAh~ USES.; 1 1 . 2 ~ S Rp s ~ H< INDL sTRIAL :. .~ s .. ~ ~. . , _II Airports and P I I P P I N Related Lses Automotive Repair/ Tire Recapping/ P P P N Rebuilding Gas Manufacture/ ~ I I C9 I N Storage Manufacturing/ Fabricating/ P P N Assembly-/Storage Warehouses I I P P I I N I I I I N PUBLIC! ..nvST7rlvzlai~tAl. _~ ~ ~ ~ :.. ~ ~~ 2> ;- ~~~ __ Charitable Institutions I I P I P N Churches Pto pio pio pto Ct I p Cu Clinics I I P P C N Colleges I C I C C I C ( C ( ( N Elementary Schools I C C I C I C I C I I ~ C" Governmental Buildings ( ( C C C I I C N High Schools C C C I C I C I I N Hospitals C C C C I C ( I N Libraries I I I C12 I P P I P C" Museums I I ( P P (P N Parks and Recreation P ` S S S I S S I ~ P~ P C I Public Facilities I ~ C C C I P I C N Sanitariums ( ( C C I C ~ C ~ C ~ I ~ N i1 Page 3 of 6 Attachment A Ordinance No. 1704-96 CITY OF ICFNAI ~: v : irineipel Ver7ltteo Use ND7E: Refw~nee faottwtes C ^ Caiditiorrl Use an folloririo popes for S ^ Sae°'tls,?' l/ae edditiorat resvietion. N ^ Not per•ttted Table 3 of 3 ~. . ;ZQ4~TG DISTRICTS ~~ C; `RR RR ' RS RS.. RS RU CC. CG II.. IA"< R :T LAND USES "~, 1 1 2 : ;; :~ RP': ~VIISCEZL,ANEOIIS ~ ... ° < ~~ ~, Animal Boarding'3 C~ C I C I N Bed & Breakfasts C I C ~ C C ~ C N Cabin Rentals C I I C + N Cemeteries C ~ I N Crematories I I C C C C I N Day Care Centers 12 C+ C C C ~ C C C I C C Dormitories/ P S' S Boarding Houses C N Essential Services P P P P P P P P P P P P P P FarminglGardening/ General Agriculture P P P N Gr o useslTree ~ ~ C C C C C C I N _ ssemblages 's - (Large: Circuses, C C C C C C N Falrs, etc.) Lodges/Fraternal Organizations P P C Y Nursing, Convalescent or C I C I p p ~. Rest Homes I l I I Parking, Off-Street P P~ P P P I P P P I P P P P P P Parking, Public Lots 1z I I C C ( C I P C ti Private Clubs ~ I P P ~ P S C N Radio/TV Transmitters P P P I I I S N Recreational ~'elucie Parks C C I I I C I C C C~ C I N Social Halls ~ I I p+ p I I C Subsurface Ext- raction of Natural 16 C C I C C C I C I C C I C I C C I ~ N Resources "prface Extraction of ( ( I I I I I I I I etural Resources '~ C C C C C C C C C C C N Union Halls ~ ~ I I I I p P I i C N Page 4 of 6 Attachment A Ordinance '~o. 1704-96 CITY OF 1{FNAI N O J ~' ~. _~ Z Y J' i~ ._ O :. ii U Page 5 of 6 Attachment A Ordinance No. 1704- ° 96 0 ~ ~ ~ r. N N ~ ~~ v ~ p `~ p~ Ct ~ I ~.; t 1 , ~ ~ ~- ~ o O ~ a r '=' N ~ ~ ~ F- O~ - U ~ c% w u T a ~ ~O ~ , N ~ ~ ~ ~ ~ C V r. .7 . ~ h ~ ~ ~ _ ~ ~ C R p `~ N ~ N ' , N ~ ~ ~ ~ ~ ~ ~ s u ;~ : 00 ~ H V 5 3 s~ . N ~ {{~~ ~ C N ~ ~ ~ N V ~ ~ ~ ~ .~i ~ (i ~...... ~ 'fly oc E A },. V ~ C W' p '° F c 3 ~ ~ N ~ O ~D N ~ ~ p lV ~ !y~ 3 ~{ ~ C c - W ~, 2 ~ ~ h T.. a ~~ ~ ~ o ~ ~ $ n _ ,~; .~ ~ ~ E ~ `' v r , W H ~ Q ~ / O ~ Q ~ v V Lz ~ ~ L L ".. ai ~ N y- N ~ ~ ~ ~ eQ C x pp~~ !•: C L A ~ ~'nf ... L h , ~ _ ~ u ` R ~ R a ~ N r ~ ~ ~3 ~: ~~ E ~ ~ E OC ~ ~ ~ N ,r; o e° ,~ u A ~ e u ' .~: i N O `~' f+1 - ~ ~ uE~ !. I I _ H ie 3 ;~ t_ ca ~ y V .: ~ ~ C e7 ~ ~... ~ M., t0 ~ ~ ~' L (~ ~ V• ~ ~ ~ 'l. ~° ~ ' ~ O ~"~ s s c v~~ '.. C ^ = ~ r. Gi> ' 3 ~ _~ . 2 ~; ~ Z ~ ~ ~ ,..:. ~~> O C :. ~p ~:.. ~ e ~ ~ y Q ~C ~ h ~p ~n ~ " y i N 2 . v Page 6 of 6 Attachment A Ord. Vo. 1704-96 ~~a STAFF REPORT To: Planning & Zoning Commission Date: July 16, 1996 Prepared By: JL/mk Res: PZ96-51 GENERAL INFORMATION Applicant: Dan VanZee 37035 Nicholas Lane Soldotna, AK 99669 Requested Action: Landscape/Site Plan Review Legal Description: Lot 10, Block 2, Cook Inlet Industrial Air Park Existing Zoning: IL -Light Industrial Current Land Use: Car Rental Business ANALYSIS City Engineer: The applicant plans to construct an office building on the referenced lot to support his existing car rental business. The KMC requires alandscape/site plan review prior to issuance of a building permit. Parking, snow storage, and drainage appear adequate. Building Official: No additional comments. RECOMMENDATIONS Recommend Approval. ATTACHMENTS: 1. Resolution No. PZ96-51 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96-51 LANDSCAPING/SITE PLAN .REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for Dan VanZee , .and received July 10 1996. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 24 , 1996. AT S :Planning Secretary CHAIRMAN LANDSCAPINGJSITE PLAN REVIEW APPLICATION APPLICANT ~2;- ADDRESS p ~ -chv ~i~-S' icJt-~ NiAtLING ADDRESS ~~ PHONE::. ~~~- --IS`~FS ZaN1NG DESIGltiIATION C RR RR-1 RS RS-1 RS-2 RU CC CG IL TSH (Circle one) LEGAL PROPERTY OWNER " ~ U CZ~ Please include the following in the Site Plan. If not applicable please put an NA next to the item. ~,~- a. Common and scientrfic name of the planting materials to be used in the project. j~- b. T ' a planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d d. Identification and location of non-living landscaping materials to be used. e. Identification of on-site snow storage areas. Drainage patterns. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. ~~-h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Additional comments: ~,~e~ ~ ~,~~ ~s~op~r~ w~ ~ ~~ ~ '~ v ,~, ~oti~ iZ C:\WPDDCS\FORMS\LANDSCAP.APP r ~' ~, E Survey Plat TAX MAP (~ • ~ ~~ Kcrwi ,unror ~ fC ~ s[w irr a /•r ~~` ~ rI ~ ty / a, .•.t ~ , 4~ \ t ~r~ ~, s / ' r ppQ, SEC. -32, T 6 N, .2 ~/ W, S B. ~M. ~`~ Cep i'/~ ~ • ~. % 4/ O • t. ~ ~ • O 7 ~ SO O• /~ ~• 4 COOK /NCET /NDU3T~Q/AL A/Q pq,QK C/Tj' as KENA/ 18 4"s • 2~ u Kenai Penineulo Boreeph, AlasYo PENINSULA APPRAISAL GROUP, INC. ~;= NEIGHBORHOOD DESCRIPTION COMMENTS: The subject property is located towards the north end of the central business district in downtown Renai. The general neighborhood is bounded by the Renai Municipal Airport to the north and west, the Renai Spur Highway to the south, and undeveloped city lands to the east. The area has developed with a mix of commercial and light industrial, and public uses. The southern half of the neighborhood along Willow Street, Beaver Loop and Main Street has developed primarily with government and commercial users which include the City of Renai, the State Court House and Federal Post Office, Police and Fire Departments, the City of Renai Recreational Center, Renai Mall and grocery stores, gas •stations, motels, retail shopping and professional office buildings., The northern half of the neighborhood has primarily developed with commercial and light industrial users including retail, professional office, light industrial (generally oil field related), and airport related uses. Businesses in this area include the Peninsula Clarion newspaper, Alaska Steel, Industrial Instrument Service, Inc., the Renai Municipal Airport, and the Homer Electric Association headquarters. 16 PENINSULA APPRAISAL GROUP, INC. ~w,= - t ~ '`'xi~§ - ~~ ` ~~'~~ 1 5 0 120' 8' HzS' H:10' L PLAIITIER BOX 1 0 DRNE 40' 16~Ci0' 10' ~ o • SITE PLAN SUBMfTTED BY DAN VAN ZEE 37035 NICHOLAS SOIDOTNA4 AK LOT 10.8LOCK 2. C.I.IAP KENA1. ALASKA ZONED IL 8'Az5'Wz3Q'L PLAIV'I'~R BOXES LAIHHDSCAFE7'ID~RS ~~ Memorandum Date: 07/17/96 To: Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant RE: PROPOSED SIGN CODE FOR TOWNSITE HISTORIC ZONE The Townsite Historic District Board at their June meeting voted to recommend to Planning and Zoning a proposed addition to the sign code which would designate a sign code for the Townsite Historic District. City Attorney Cary Graves was asked to review their proposal. Attached is Mr. Graves response as well as my memo to Mr. Graves which outlines their proposal. Please advise administration how you would like to proceed with Townsite Historic District Board's proposal. Attachment Memorandum Date: 07/17/96 To: Planning & Zoning Commission From: Cary Graves, City AttorneyC~~ RE: PROPOSED SIGN CODE FOR TOWNSITE HISTORIC ZONE I reviewed the proposed changes to the sign code recommended by the Townsite Historic District Board. My recommendation is that the Townsite Historic Board's proposal should be put in a more comprehensive ordinance format. I would be willing to do that if that is what Planning and Zoning wants. Additionally, there are some areas which need to be reviewed in order to conform with other aspects of the sign code. CG/mk Memorandum Date: 07/08/96 To: Cary Graves, City Attorney From: Marilyn Kebschull, Administrative Assistant RE: PROPOSED SIGN CODE IN TOWNSITE HISTORIC DISTRICT ZONE At their meeting on June 25, 1996, the Townsite Historic District Board voted to recommend to the Planning and Zoning Commission that a sign code be adopted for the Townsite Historic District Zone. The code as they propose is as follows: Signs permitted in Townsite Historic District: The purpose of the Historic District sign standards are to enhance, protect, and preserve the distinctive historical character of Kenai's Historic District. Signs should express the special character of one's building or business, have a style and form which relates to the place of business, and be of a size that is in scale with one's building and street scape as a whole. 1) Signs identifying home occupation: One sign per use not exceeding four (4) square feet in area. 2) All other signs shall be limited to thirty-two (32) square feet or ten (10) percent of the building projection, whichever is less. 3) Where there is more than one business on a premise, one sign would be allowed for each free standing building on the premise not to exceed thirty-two (32) square feet or ten (10) percent of the front elevation of the building. 4) Portable changeable letter electric or non-electric signs are not permitted. 5) Roof signs are not permitted. 6) Lighted signs are not permitted. Add the definition: Front-The side of the building where the main entry is located. Please review this suggested addition to the code. Your comments will be forwarded to Planning and Zoning Commission with the proposed Townsite Historic District sign code. AGENDA f a ~7 RENAI CITY COIINCIL - REGDLAR MEETING JIILY 17, 1996 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its nonaal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Rally Wolf - Kenai Peninsula River System Bank Restoration Program (Educational Work Program for Local Youths). 2. Joe Lee - James Street Project Development. C. PIIBLIC HEARINGS ~~ ~. 1. Ordinance No. 1705-96 - Increasing Estimated Revenues and Appropriations by $5,987 in the General Fund as a Result of the Rural Community Fire Department Grant Awarded to the Kenai Fire Department. ~"~ 2. Ordinance No. 1706-96 - Increasing Estimated Revenues and Appropriations by $10,000 in a New Capital Project Fund for a Phase I Environmental Assessment of the Airport Jet Fuel Facility. ~~~ ~ 3. Ordinance No. 1707-96 - Increasing Estimated Revenues ~~/,~p~~ and Appropriations by $10,000 in an Existing Capital Project Fund for Additional Drilling and Environmental Testing at the City Maintenance Shop. -1- ~~ L/ 4. Resolution No. 96-56 - Formally Accepting FY97 Municipal Matching Grant Number 97/587-4-001 From the State of Alaska, Department of Administration in the Amount of $149,947.00 for a Water Quality and Quantity/Development Program, and Accepting the Conditions of the Grant Agreement. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board E. MINIITES F. G. H. 1. *Regular Meeting of July 3, 1996. CORRESPONDENCE OLD BIISINESS 1. Discussion - Hakkinen Bluff Property/Proposed Purchase/Trade. 2. Discussion - Kenai River Access/Dipnet Fishery. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance no. 1708-96 - Increasing Estimated Revenues and Appropriations by $200 in the General Fund for Plantings, Shrubbery, and Flowers. 4. Approval - Change Order No. 13/Kenai Spur Highway Project/$3,420.92. -2- 5. Discussion - Placement of Safety Fencing on Mission Avenue to Protect the Bluff. 6. Discussion - Chamber. of Commerce Resolution No. 96-07 Regarding Kenai City Manager. 7. Discussion - Allocation of City of Kenai Assets for Deposit to Various Banking Institutions. EBECUTIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- KENAI PENINSULA B OROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA JULY 22, 1996 7:30 P.M. Tentative Agenda ~ John Hammerman ... ~' A. CALL TO ORDER Chairman Aneawide Terra Expires 1999 B. ROLL CALL Ph't`p !?ry`-=n C. APPriG'JAL OF REGULAR AGEivuA %1vD AGur T i©iN Or t;;Giv5E1VT Vice Chairman Kenai city AGENDA Term Expires 1998 Ann Whitmore-Painter All items on the consent agenda are considered routine and noncontroversial by the Planning Parliamentarian Commission and will be approved by one motion. There will be no separate discussion of these Moose Pass Area items unless a Planning Commissioner or someone from the public so requests, in which case the Term Expires 1997 item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. Peggy G. Boscacci If you wish to comment on a consent agenda item or a regular agenda item other than a public PC Member hearing, please advise the recording secretary before the meeting begins and she will inform the seldovia City , Chairman of your wish to comment. Term Expires 1997 Wayne Carpenter 1. Time Extension Requests PC Member seward city T~-rm Expires 1999 a. Lofsdell Acres No. 4 KPB File 95-103 [Terry Eastham] Robert Clutts PC Member Anchar Paint Location: Kenai River west of Spur Highway Term Expires 1996 wes coreman b. Tagala S/D Part 2 PC Member KPB File 95-061 [Swan Surveying] Soldotna City Term Expires 1999 Lccat;on: E,st of Echn Lake Road south of Gas Well Leroy Vannaway Road PC Member Homer City Term Expires 1996 c. Seward Business Park KPB File [Integrity Surveys] Ellis Hensley, Jr. PC Member Mikiski Location: Seward Highway north of Seward City Limits Term Expires 1999 Brent Johnson d. Kingfisher Lake Subdivision PC Member KPB File 89-107 [Kenton Bloom] Kasilof Area Term Expires 1997 Location: Between Jakalof Bay Road and Tutka Bay Tom Knock PC Member Cooper Landing 2. Plats Granted Administrative A royal pp Term Expires 1996 I Don Gilman, Mayor Lisa Parker 3. Plats Granted Final Approval Under 20.04.070 -None Planning Di 4. KPBPC Resolutions Maria Admi istant 1. KPBPC Resolution 96-25: Vacating the westerly three feet ~ of the thirty-three foot road right-of-way along the east boundary of the NW1/4 NW1/4 NE1/4 and along the east boundary of the SW1/4 NW1/4 NE1/4 Section 36, Township 7 North, Range 12 West, Seward Meridian, `~-~~ Alaska; KPB File 96-132 [McLane Consulting Groupj 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Homer; Wetlane; Fili; Alaska >epartr~~ent of Transportation; AK 9607-03AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. Kenai River Habitat Protection (KPB 21.18) a. D. Anderson; Cabin and Deck Construction; Castaway Cove Subdivision; granted approval under grandfather clause 7-8-96 7. Commissioner Excused Absences a. Peggy Boscacci 8. Minutes a. July 8, 1996 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Ordinance 96-22: Amending Kenai Peninsula Borough Chapter 21.02 Regarding Advisory Planning Commissions 2. Revising Procedures for Approving Subdivision Plats with Regard to Subdivision Plan Reviews 2 F. PUBLIC HEARINGS Petition to vacate 66' section line easement associated with Lot 4, McNeil Point Too within Sections 14 and 23, Township 5 South, Range 12 West, Seward Meridian, Alaska and the Homer Recording District; KPB File 96-125 2. Land Use Permit to Operate a Correctional Community Residential Center in North Kenai G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Reconsideration of Commission 6-10-96 decision Cranewings S/D KPB Fiie 96-102 2. KPBPC Resolution SN 96-06: Naming Private Access Easements within S.A.P. Subdivision (Plat KN 95-43) Within Seciton 3, T5N, R9W, S.M., Fly-Inn Avenue and Crosswind Street CONSIDERATION OF PLATS Alaska State Land Survey 95-65 Quartz Creek; Postponed Preliminary Whitford Surveying; KPB File 96-117 2. Kenai Townsite Old Town Village Kenai City; Preliminary Terry Eastham KPB File 96-123 3. Moose Range Drive R.O.W. Robinson Loop; Preliminary Johnson Land Surveying KPB File 96-130 4. Marina S/D Replat Lots 1 & 2, Block 1 Seward City; Preliminary Johnson Land Surveying KPB File 96-131 KENAI RIVER HABITAT PROTECTION (KPB 21.18) Application for Conditional Use Permit Under Ordinance 96-06; Lot 8, Poacher's Cove Sub.; River Mile 17.3 Right bank; 25ft. by 40ft. carport, lean-to and utility shed within fifty feet of ordinary high water of the Kenai River;Parcel No.057-489-42; Jackson. 2. Application for Conditional Use Permit Under Ordinance 96-06; Lot 1, Block 1, Trout Subdivision; Kenai River Mile 42.5 Right Bank; 12ft. by 16ft. recreational cabin within fifty feet of ordinary high water of the Kenai River; Parcel No. 065-190-55; Keen K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. ADJOURNMENT The next regularly scheduled Planning Commission meeting is August 12, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Soldotna Planning and Zoning Commission July 3, 1996 Minutes 2. Five-Year Oil & Gas Leasing Program; 1st Call for Comments j ~. MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 17, 1996 RE: JAMES STREET CABINS (7/17/96 Agenda Item B-2) Yesterday, I received three comments in regard to cabins under construction on James Street (Item B-2 on this agenda). The persons requested their comments be included in the record. Iva Lee Wall, 305 Linwood Lane (came to City Hall) - Ms. Wall stated to me she thought the construction of the cabins had too many ramifications. They don't fit in the neighborhood where there is a one-way, unmaintained street. Cabins are illegal in RS zoning. The permit allows a fourplex to be built and the owner is building four cabins. If cabins are not legal, they're not legal! Sylvia Vinson (telephone call) - Ms. Vinson's phone message was: Don't want them to be allowed to have cabins -- will affect neighborhood. Wants information on record. Roy Wright (telephone call) - Mr. Wright stated he was opposed to having the cabins in the area. He thinks they should have to be removed. Move them to the river and charge twice as much. Today, I took the following comments: Connie Wilson, 210 Linwood Lane (telephone call) -The cabins are against the city RS zone. It is a residential area and the cabins would be used for commercial use. Not right or appropriate. Doesn't want their property values brought down either. There are a couple of issues she does not like about the placement of the cabins. She and her husband had checked into building asimilar-sized cabin on their property to be used as a -1- residence (needing a crawl space among other requirements), and were told no. These cabins have nothing. It appears the cabins are being built to sell (moving them off the property). Jennifer McAtee, 1106 Kiana Lane (telephone call) -These buildings are being constructed in a residential area where they are not allowed. Her home is really close to the cabins (probably closer than anyone else). She is concerned about the traffic and noise that will be caused by the use of the cabins. Also concerned that crime will go up as the cabins will be rented out monthly and the owner has stated he will not be an on- site resident, but would do drive-by checks. As a real estate agent, she was concerned the cabins will bring property values way down. clf -2- CITY OF KENAI .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-263-7535 _ FAX 907-283-3014 ~~,,~~ _ mar ~~~~~r ,~~ July 11, 1996 Bill Richmond PO Box 3152 Kenai, AK 99611 Subject: 309 James St., Lot 3, Block 1, Ryan Subdivision Permit No. B-3312 Dear Mr. Richmond: Building permit No. B-3312 was issued for the construction of a four-plex, which is allowable. in RS zones. At this time, it appears you are not going to complete construction of a four-plex, but will have four individual cabins. This is in violation of Section 14.20.190 of the Kenai Municipal Code. This section does not allow more than one principal structure per 7200 sq. ft. of property in an RS zone. See enclosed copy of Section and Land Use Table. Upon final inspection, only one principal structure may be located on your property. A four-plex, or one cabin would meet this requirement. I cannot issue a certificate of occupancy if more than one principal structure is located here. You indicated to me during a phone conversation that you would eliminate the property line between Lot 3 and Lot 2, Block 1, Ryan S/D, and then remove one cabin. If this is your intention you would then be in compliance with KMC Title 14 requirements. Prior to a final inspection, an application to replat the above mentioned properties must be filed with the Kenai Planning and Zoning Commission. After the final inspection a temporary certificate of occupancy can be issued for 90 days. At the end of 90 days, if one cabin is removed, a permanent certificate of occupancy can be issued. Page 2 Richmond 7/11 /96 If you have any questions call me at 283-7537. c Robert C. Springer City of Kenai, Building Official RS/kw cc: Keith Kornelis, Public Works Director Jack La Shot, City Engineer - _ (fj Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written ~~~er, sent by certified mail return receipt requested, or by personal service, explaining the iation and allowing twenty days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use: damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. (h) Right to Appeal. Any revocation, suspension, or denial of an encroachment permit by the Planning Commission may be appealed to the City Council by filing a written notice of appeal with the clerk and stating the grounds for such appeal. The appeal notice shall be filed within thirty days after the effective date of the revocation, suspension, or denial of the request for the encroachment permit. All notices of appeal must comply with Section 14.20.290. (Ord. 1188) 14.20.190 Principal Structures: (a) Erection of More Than One Principal Structure on a Lot: In any zone more than one principal structure housing a permitted use may be erected on a single lot, provided that area width and all other development requirements of the zone shall be met for each principal structure as though each structure were on an individual lot. (b) Distance Between Buildings on a Lot: No detached dwelling or other main building shall be less than six (6) fees from any other detached dwelling or main building on the same building site. (Ord. 925) 14.20.200 Accessory Structures: (a) Yard Requirements for Accessory Structures: ~Vltere yards are required. accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the minimum front yard setback for an unoccupied attacacl_or detac~garage or carport shall be ten (10) feet; (2) Covered but unenciosed passenger landings or carport not more than one v story in height may extend into either side yazd, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenciosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar azchitectural features not providing additional floor space may extend into a required yard except within three (3) feet of any lot line; (4) A detached accessory building may be permitted io occupy a reaz yard, provided that not more than 1/3 of the total area of such rear yard shall be so occupied. (Ord. 925) 14.20.210 Sisht Obstruction on Corner Lots: On a corner lot in any residential district, nothing shall be erected, placed. planted, or allowed to grow in a manner which obstructs vision higher than three (3) feet above the curb level at the street intersection, 46-11/13/87 14-40 CITY OF KENAI N 0 eu~ d: o ~ ~ c ~ f i i i i p r v ' G G ~ w~ ~ O g w~ ~ I i 6 i ! h ~x ~ 8 8 8 8 ~~ ,.. 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The conditions of approval are stated in the attached draft minutes. if you have any questions, please feel free to contact the Kenai PeninsuiQ Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent July i ~, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Sherry Inner, 39410 Strawberry Road, Kenai, Alaska 99611-6713.. KPB File Number: 96-112 /~T ~ ~~\ ~~ ~ ~~ ti~ ti ~~~~ - LEO£6Z4~ AGENDA ITEM I. CONSIDERATION OF PLATS 3. Strawberry Fields Forever (Routine Preliminary) KPB FILE 96-112 STAFF REPORT PC Meeting 07/08/96 Location: Devray Street east of the Spur Road, north and west of Strawberry Road, within the City of Kenai Proposed Use: Residential/Recreational/Commercial/Agricultural Zoning: Rural Residential SewerNVater: O n-site Supporting Information: The proposed subdivision of a 36.25 acre parcel will create a 6.5 acre tract with an unsubdivided remainder of 29.29 acres. The plat was submitted for the June 24th meeting prior to the City's review. Staff rescheduled the plat for this meeting pending receipt of the Kenai Planning and Zoning Commission minutes. The Kenai Commission reviewed the subject plat on June 12; 1996 and recommended approval subject to a note being placed on the plat as follows: "Further resubdivision will require a City of Kenai installation agreement." An installation agreement is not being required for this subdivision STAFF rz.ECOM1~IENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: ~ REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOL LOWS: Vicinity Map -Label Strawberry Road. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT iiJ ACCORDANCE WITH TITLE 20: 2. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 3. Conform to conditions of KPB Planning Commission Resolution 78-6. 4.. State of Alaska, Department of Environmental Conservation requires their approval on final plat and recorded instruments in accordance with 18AAC Chapter 72 Article 3. 5. Compliance with Ordinance 90-38( Substitute) -Ownership. 6. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Carpenter moved, seconded by Commissioner Whitmore-Painter, to grant approval of the routine preliminary plats Item I-3 Strawbeny Fields Forever, KPB File 96-112; Item I-4 S.A.P. S/D Byms Addn., KPB File 96-119; Item I-10 Clay Family S/D No. 2; KPB File 96-097; Item I-13 Dipper Subdivision, KPB File 96- 118; Item f-14 Saindon S/D No. 2, KPB File 96-120; subject to staff recommendations. KPB PLANNING COMMISSION JULY 8, 1996 MEETING PAGE 32 UNAPPROVED MINUTES VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES ABSENT YES YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES ~ YES ABSENT YES TWO ABSENT KPB PLANNING COMMISSION JULY 8, 1996 MEETING PAGE 33 UNAPPRQVED MINUTES /-~ TO DATE TIME M /f / /~ ~ (/ . IO PM H FROM AREA CODE r" O!/S NO Q OF N .EXT. E M ~/i~ ~, ` E `z ~,,~ s ~ ' E ems . A M G O e SIG PHONED^ BACK ^ ~ALURNE©^ SWANYTOSTO ^ AGAIN Ll ^ WAS IN ^ UR4ENT ^ a~~~$9toaa~2 /~~ ^! ~ ~~. NOTICE OF MEETINGS f JUG ~ ~ ~~"~,° CITY OF KENAI -AIRPORT COMMISSION ~~t ~~ ti° CITY HALL - 210 FIDALGO ST., KENAI ALASKA ~z Z ~ THURSDAY JULY 11,1996 - 7:00 P.M. ~ 9Z5Z1~Z~ ~ CITY OFKENAI -PLANNING & ZONING COMMISSION CITY HALL - 210 FIDALGO ST., KENAI ALASKA WEDNESDAY JULY 24,1996 - 7:00 P.M. PLEASE PLAN TO ATTEND THESE MEETINGS - ON THE AGENDA ARE TWO ITEMS THAT CONCERN YOU: (1) THE AIRPORT COMMISSIOI~L WILL CONSIDER RECOMMENDING THAT THE CITY BUY THE RICHKA PARK ESTATES SUBDIVISION PROPERTY; (2) THE PLANNING & ZONING COMMISSION WILL CONSIDER THE PRIME RESIDENTIAL ZONE WHICH LIMITS SUBDIVISIONS TO SINGLE FAMILY RESIDENCES. COME AND TESTIFY, OR COME TO SUPPORT YOUR NEIGHBORS WHO WILL BE TESTIFYING. Background Information In March 1995, Woodland Subdivision homeowners residing on Ash Avenue, Maple Street, Beech Avenue, Walnut Avenue, and Sycamore Circle, as well as homeowners residing on Birch Street and the area around 4th Avenue park were notified by the City of Kenai of a proposed subdivision behind Woodland Subdivision and across Richka Creek, off Birch Avenue. The developer proposed to develop 57 lots (Richka Park Estates Subdivision) on the 40 acre parcel directly behind Woodland Subdivision, between Woodland Subdivision and Float Plane Road. Many homeowners were surprised to learn that this parcel was in private hands, because they had been told by their developers and realtors that the City owned this parcel. The proposed subdivision has 48 lots accessed by Birch Street only, with the rest of the lots accessed by Beech Avenue in Woodland Subdivision-- both are small streets that don't ordinarily handle rn::ch ±*affic. The proposed subdivision plat calls for gravel roads, on site septic and clear cut lots. The developer will not commit to single-family residential lots, so there is also the possibility of duplexes, four-plexes or apartments. This type of development will be detrimental to the property values of adjacent single family residences in Woodland Subdivision Many Woodland Subdivision homeowners, as yell as Birch Street homeowners, have worked for over a year to try to save this parcel from this type of development, and to protect Woodland Subdivision from the increase in noise and other nuisances that this type of development would bring. This parcel is the only buffer left between the Kenai airport and Woodland Subdivision. Developing this parcel will only increase the already increasing airport noise problem. U date ': ~ ing the last year several Woodland homeowners formed an organization known as the Committee to Protect Woodland, Inc. which was incorporated in April-May 1995. Committee members and other volunteers have testified at many Kenai and Borough Planning and Zoning Commission meetings, filed a lawsuit, sent out mailers, circulated petitions. We have testified at many Kenai and Borough Planning and Zoning Commission meetings, filed a lawsuit, sent out mailers, circulated petitions. So far we have been successful in delaying development on this parcel, but we need your help to continue. We are currently working on two major projects: (1) petitioning the Kenai City Council to buy or trade for the Richka Park Estates property, which the developer does not oppose; and (2) lobbying the Planning & Zoning Commission (and City Council) to adopt a Prime Residential Zone, which restricts development in the zone to single-family residences only. Purchase or trade by the City of Kenai. A proposal to recommend to the City Council that it purchase or trade for the Richka Park Estates property is now in front of the Airport Commission, for action at the July 11, 1996 meeting. We need people to testify about how airport noise is a problem, and how the City needs to have buffer areas between the airport and the residential areas near the airport. Since the developer is not opposed to the City buying the property, the City can use City funds to purchase the property at a fair price, or trade other City property for the property. We also need you to sign and send the enclosed petition to the City of Kenai, asking the Airport Commission, Planning & Zoning Commission and City Council to support this purchase/trade. Prime Residential Zone. This zone was approved by the Planning & Zoning Commission at their May 22, 1996 meeting, and the Commission's vote was sent on for action by the City Council. However, during one of the June 1196 Commission meetings, with ro public :.otice, the Commission voted to reconsider their vote approving this zone. The vote to reconsider this zone is scheduled for action at the July 24, 1996 meeting. We need people to testify against reconsideration of the May 1996 vote to approve this zone -- in other words, testify in favor of this zone. The lawsuit is also still pending, and we need contributions of money to help defray the costs of the lawsuit, as well as the costs of these mailings you have received. We also need contributions of time to do mailings and help with organizing. If you have a young person at home with nothing to do this summer, please contact us -- we will put them to work! Please send all requests for further information or contributions to: Committee to Protect Woodland, Inc., c/0 110 So. Willow St., Suite 101, Kenai, Alaska 99611, or call Mike Christian at 283-7944. l s ~ ~ m .~ ~ 9 ti a z a ~ ~ a a o o a ~ ~ H ~ e ° v ~ v s 0 m 0 a z ~ K ~ a ~ o v m v ~ a ~ ° s n o a c ~ 1 r~ V 0 ~i R D a a a ~ o o a ~ a i H ~ ~ ~ a ° v a a R v R ~~ ~~ p ~- ~ m 1 m ~ ~ ~ ~ qq a ~ o a ~ aaa ~ ~ ~ aaa ~ x a ° ~ o a ~ ~ ~ ~ ~ a z a H ~ a a a a ~ a a 0 ~c a a z z a ~ a ~ ° ~ a ~ n o ~ v a a ~ R c l a o ~ C 7 u ~ ^1 ~` ~ m ~1 d a ~ a ~ ~ a ~ o a a ~ H ~ ~ a ~ rJ ~ ~ C 7 R r~ ~~ ~"' ~ - a D a ~ a w a a o a a K U (A C) 14 ~ ~ d ~ n G 0 ~ p ~ m p a ~ x ~ ~ o m m ~ ~ aaa ~ a a n m ~ ~ n ~ b {q a ~ ~ a ac o ~ ~ H ~ ~ ~ a ~ C l ~ R C 7 R p m a a ~ ~ a as a N a a H ~ a w '' a ~ ~ ~ ~ C l ~ C 7 p OQ W a a x x a as a ~ ° v ~ o v o 4 z ~ m ~ ° ~ ~ ~,~ i -~ y ~ .-, ~ -yam g 1. x . ~ ~~ ~ ~ ~~ 4 ~ ~~~iy~`p~"~ ~ ~~ aa i NJ ''D' U"" { P ~ '1~ , G' ~a;rnr~n ~ll~t //~~Y s 5fa~,emen~~G~~ ovr' ~'~.2 `»Qef~'r-g ~~-~~~ ~~ ~ m e wd~ d~ r; r, y a S -~-o ~-ocv `fly or~9; na / ,t3 /o/~ . ~,e.- r~->>' ~- wuS jsSUe~ ~ ,309' James St. Tie closes f de~',~n•` f%a n f ~av/~/ ~,`nd . s /Yl o fe / ~~ to ~~ f f~, ese Ca~~'~ s - ,~ f reQ~°s ; _____ ___ __ _ (51) "Motel" means .: gr;;u~ o~ ane or more detached ore semi-detached buildings containing two or more individual dwelling units and/or guest rooms J ~- ~O Z designed for, or used temporarily by, automobile tourists or transients, with a garage dached or parking space conveniently located to each unit, including groups ~,p~, designated as auto courts, motor lodgeSf ~~' °~oti~rist courts. ~~j ~~ .~-ft e , doc. ~ .n en~ / a b t~ ~' ~ e~ ~ 7-~i; S ~,ua S Here j s a. c. d o f czcee~ ~eo( b, r1'I r. SPr,',~ yer as ~ s~'f~ ~v /uh ,. a s per Ord i38~ ~~r~c ~•as. oz5 ~u/so. -~ nom. jvde~~. 7"h,'s a~~4rs ~0 6~.. a v~o/a f%o~ ~t s fh~e. s~r~e~ s fu.~ ~o is o•~ /~y /~° erf-i r~ e.~ ~- f~ ~~,~ ~ a i v f,'/,' fy e a s ~ rn e n .f drawn 5 o n-e ~l, roe- ~ e~ r s ear /, cr ~arl/ Survey or- P,~/c1, ~./,~/r~ 'f ~f"~es~- ~ <tc~~a fever ~vv J _ ~~n ~" /-o ~a// i f' ~ ~"'~-~ ~~~~er r~~1 /" Corner ~nar/~,'n~y s~ ~~3~° /~aw d~'c/ mr• ~'i~~ti --~ond ob7`a~ n Q ~fdy . ~2rm-f" for a ~vf~; - ~'ar~; I t-f--pled w--~~.ou~f-- -~'ulf'lir`h~ }~/ 1'Y) C ~} , 0 5 • 0 Z L, ,~} I ,'~.~ ~- ~ o n ~o r ~~ r m ~ ~" ~',e~ V ~' re m e~v-. ~-. r ~ ~'~. i 4.05.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration„ removal, ,demolition, equipment, use and occupancy, location, and maintenance of buildings and structures, including' permits and penalties, those certain bound volumes known as the "Uniform Building Code," 1994 Edition, of the International Conference of Building Officials, including the appendices, except for - such portions as aze herein deleted, modified, or amended, and the same is. hereby adopted and incorporated as fully as if set out verbatim herein. (KC 4-1; Ords. 97, 162, 269, 395, 542, 839, 1118, 1346, 1479, 1645-95) 4.05.020 Buildin;~ Official: (a) The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Building Code, adopted by KMC 4.05.01.0 provided that the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (b) The City Administrator shall be ex-officio building official unless he appoints another person to the Building Official. The authorized representatives of the Building Official referred to above, when and if appointed, shall be appointed by the City Administrator. (KC 4-3; Ords. 97, 162, 269, 395,. 542) 4.05.025 Application for Permit: i --- Section 106.3.2 of the Uniform Building Code as adopted by this chapter is amended by adding the following: "As a requirement for obtaining a building permit -.for a. new or enlarged ~ structure the property owner is required to submit a site plan stamped by a state registered land surveyor which accurately shows by dimensions and to scale the location and outline of the proposed structure in relationship to the property lines, setbacks, and easements." (Ords. 1384) 4.05.27 Permits Issuance: Section 106.4.3 Validity of Permit of the Uniform Building Code as adopted by the chapter is amended by adding the following: "It is the property owner's responsibility to have the property corners physically located and marked by a state registered land surveyor and to make sure that the structure is accurately placed on the site as per the submitted site plan." (Ords.1384) 4.05.030 Permit Fees: The first paragraph of Section 107.2 of the Building Code adopted by this chapter is amended to read as follows: "Section 107.2 Buildi~,, Permit Fees. The fee for each building permit shall be paid to the City as set forth in Table No. 1-A of the Uniform Building Code, except that fees for new construction of Group R-3 and Group U~-1 occupancies, or aortions thereof as follows: (1) Group R-3--------$0.14 per square foot 569-09/01/95 4-2 CITY OF KENAI ~s -5- I ~ -2- I ~ W W Q I J 0 4 3 ~o M ~ -4- om z. I ,~ 133.50 1~ ~ gip G _ S Y -- - ,- R_ X83 T P ~ ~'~' N 89° 59~ Obi E ~'" 133.50 o ~ 4 I~ ~ ~ I ~ I ~ -N- i~v•vv ~ 35.50 N _ rig' UTILITY EASEME T ~ tr ~ - A a ( N ~ ~ ~D c0 ~- l0 ~ UT/CITY EASEMENT ~ 3 110.00 I ~ ~ N 89°59~OO~~E ~ 3 o pp.l ~M -io- W °o - 2- ~.N p- ~ ~ o Q Z NUR g-,g6 , ~ _ ' ~ G o~ No. ~ AR K IMP . _ MAN, GENo.B P ~ _3_p_ i ::"~~ OF.:4~~~~~,~Fp i y`~.•' ••.'9' ~1 *p ,~'* r49T~ s ~ ............~.....~ ,. o -"EXHIBIT A "- j.••,~ •'`~•~.~.-~••'.•`9:~"'~ f 9~ :• Pwl P. Pilch ~ ~ ~~ s '~~ L5 7576 ~~•.~ ~ ~ tt+a pp~SS10NA~ :~,~ Oate 5-10-93 Orawn P. Pi/ch _•. 12' UTILITY EASEMENT -within the NW I/4, SWt /4, S.34,T-6 N.,R.I IW., S. M., AK. Accross LOT I-A , and a porti on of LOT 10, within GEMINI PARK, PLAT 84-196 K.R.L. P/LCH LAND ~IRVEY/NG P.O. Box 1141 Willow, Alaska 907- 495-6611 TESTIMONY SIGN-IN SHEET ~~~- y~~ ~