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HomeMy WebLinkAbout1996-02-14 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo February 14, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: a. Elections 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 24, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-6, Sprucewood Glen Subdivision No. 7 (Replat of Tract D) 6. PUBLIC HEARINGS: a. PZ96-7, Encroachment Permit, Lot 17, Block 1, Anglers Acres, Part 2 b. PZ96-8, Conditional Use Permit, Lot 17, Block 1, Anglers Acres, Part 2 c. PZ96-9, Conditional Use Permit, Lot 8, Anglers Acres, Part 3 ~; d. PZ96-10, Conditional Use Permit, Tract 4, Horseshoe End at River Bend S/D 7. NEW BUSINESS: a. PZ96-11, Landscape Site Plan Review, Mapco Petroleum, Inc. b. Proposed Residential Zone (Michael Christian) 8. OLD BUSINESS: a. Comprehensive Plan 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai Habitat Restoration and Recreation Enhancement Project Info. ~ b. Reappointment Letters c. Planning Commission Training Seminar Info 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION January 24, 1996, 7:00 p.m MINUTES UNAPPROVED ROLL CALL: Members Present: Teresa Werner-Quade, John Booth, Ron Goecke, Carl Glick, Phil Bryson, and Kevin Walker Members Absent: Karen Mahurin Others Present: City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull APPROVAL OF AGENDA: PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AND REQUESTED UNANIMOUS CONSENT. CARL CLICK SECONDED THE MOTION. AGENDA APPROVED. APPROVAL OF MINUTES: January 10, 1996 January 16, 1996 RON GOECKE MOVED FOR APPROVAL OF THE MINUTES OF JANUARY 10 AND JANUARY 16, 1996 AND REQUESTED UNANIMOUS CONSENT. CARL CLICK SECONDED THE MOTION. NO ONE OPPOSED UNANIMOUS CONSENT. MINUTES APPROVED. REPORTS: City Council-Due to Mr. Smalley's absence, no council report. Borough Planning-Phil Bryson reported that the consent agenda was approved and is in the packet. There was a request for a land reclassification in the Seward area; however, the petitioner requested that action be postponed. It was postponed to the second meeting in March. A special consideration for Nubbleof Hill Subdivision, vacating trails and utility easements on McDonald spit, was heard. The individual who made the petition for vacation which had been recommended for approval ran into additional difficulties because of a law suit on the adjacent property. He requested a resolution concerning the vacation of the trails and utility easements. A resolution was approved which reflects the prior action. Three plats were approved. The coastal management program considerations, and NPDES for oil and gas exploration. Bryson explained this item had another public hearing scheduled for this week down on the south peninsula so it was felt it would be addressing it before the last public hearing was held. A work session was held prior to the Monday meeting on the Kenai River special management proposal. Bryson noted that the commission had a copy of Mayor Williams' letter that was submitted at this meeting. During the meeting, Cary Graves the city attorney, represented his views on what the effects within the city. The concerns were also depicted in the letter from Mayor Williams. The committee intends to try to hold closely to the prior schedule that they set up. They will be introducing the proposed ordinance at the next scheduled meeting or the meeting right after that. They plan to go ahead with it. They want to incorporate comments, put together a final document, ratify it, and forward it to the assembly for action. Administration~Tack La Shot noted that the river ordinance in the packet is different that the one that was in the packet last meeting. This is version "B" and it does add some to the flood plane. The concerns of the city are still the same and hasn't changed from the first version. La Shot noted there were also a couple of park applications for funds for recreation enhancement projects. And, the building permit summary for 1995 is also included. La Shot noted it looks like this year will be similar; however, possibly more commercial building. There is quite a bit of activity near the new Spur Highway area and if interest rates stay where they are the housing should be similar. ADJOURNMENT: TERESA WERNER-QUADE MOVED TO ADJOURN. MEETING ADJOURNED AT APPROXIMATLEY 7:15 P.M. Resp tfu submitted: M it Kebschull Administrative Assistant Planning & Zoning Commission Page 2 January 24, 1996 ~ ~..J ~. STAFF REPORT To: Planning & Zoning Commission Date: February 1, 1996 Prepared By: JL/mk Res: PZ96-6 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK 99669 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS City Engineer: Preliminary Plat Sprucewood Glen Subdivision No. 7 General Commercial Undeveloped Tract D of Sprucewood Glen Subdivision would be split into three tracts by this plat. Water and sewer may be extended along Bridge Access Road to serve all lots. Sewer is now available to Tract D-2. No installation agreement necessary. Property to the north does not appear to be properly shown. Building Official: No building code issues. RECOMMENDATIONS Recommend approval - no contingencies. ATTACHMENTS: 1. Resolution No. PZ96-6 2. Plat i CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION'NO. PZ 96-6 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Sprucewood Glen Subdivision No. 7 was referred to the City of Kenai Planning and Zoning Commission on January 22, 1996 and received from McLane Consulting Group ,and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 11 Plat area is zoned General Commercial and therefore subject to said zone conditions. 2) Water and sewer: Available upon extension 3) Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4) Installation agreement or construction of improvements is not required. 5) Status of surrounding land is shown. 6) Utility easements, if required, are shown. 7) Plat verifies that no encroachments exist. 8) Street names designated on the plat are correct. 9) CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SPRUCEWOOD GLEN SUBDIVISION NO. 7 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 14, 1996. HAIRPERS N A TE :Planning Secretary n _ in .~ # sa ~ . ~_ ~ . ~ ~~ +~ ~ ~ E- ~' i ~ ~ ~, E ~ ~n44 ~E ^ ~ ~ i ~ ~ ~ ~ E fi igg ~_ ~s 1''~Ni ~J - ~ ~ ~ ~ ~ i YC ~~ !! g g gg ~ ~: ~ ~ ~ ~ s ~ ~ ~~~~ ~~ 0 z ~~_ ~~~ i ~.~ E ~i~ SEE55 L~~ 3~~Y a° y 6 I I ~ ~ e 8 ~$ ~ ~'~ _o ~g~ ~`~ ~ FYI ~ Z ~ ~~~s '~ ~ h\I ~ ~ o ~ =pea $p1 : I J Fy~ A r ~ * ~~/ ~,I~, ~ ~ ~ .~~ ~ ~ pN~i ,1 7 ~ i ~~ '~i ~ o,~o~ i_Z . ~~~~..%~ ~ ~ ~a ~ a S 3 ~E ~ Y €$s $ _ i P ~ ~ i \ \ ~ i ~ \ ~ ~ / :~ i i ~~ Eli /O / ~ ^~/ 5 ~ ~ \ ~ iJG ho a i ,' ~ ~ ~ ~i ~ I i~ ~/ < ~ y ~ ~ ~ z~ 0 M~ 0 ~~ \ \ Y ~ \ \ \ Q-~ , \ \ ~ ~ ~~ ~ \\~ ~PQ E `~ a pay ~ / $0 o% ~ / O!` 'by ~ Q'~O \ ~-~' 0 \ ~ \ / ~~b ~ ~'~ ~~ ~~ ti ~ ~ 46 , ~ tib ~~ P~ ~ / ~gg 5 6 ~i ~ 8 ~ yy ap ~ F%~ 9 ~ E CBE ~y i. ~S 8883 2 ~.S ~ g~ ay~~ €` ~ C F g 5~6~ da F 8 ~ ~~~SD ~~~ ~ I ~ s a g 3~ Z as :~~ #~~es tea ~- STAFF REPORT To: Planning & Zoning Commission Date: February 1, 1996 Prepared By: JL/mk Res: PZ96-7 GENERAL INFORMATION Applicant: Bryan & Helen Lowe 1105 Angler Drive Kenai, AK 9961 1 Requested Action: Encroachment Permit Legal Description: Lot 17, Block 1, Anglers Acres, Part 2 Existing Zoning: Rural Residential Current Land Use: Low Density Residential/Recreation ANALYSIS City Engineer: This building was recently moved to this site. The 15 foot side yard setback is encroached into 6 inches. Building Official: No building code would be compromised by allowing this encroachment. I would recommend approval. RECOMMENDATIONS Approve only if no objections are voiced by immediate neighbors. ATTACHMENTS: 1. Resolution No. PZ96-7 ~ 2. Application 3. As-built CITY OF HENAI FLANKING AND ZONING ' CQMMISSION ENCROACHMENT PERMIT RESOLUTION Nfl. PZ 96-7 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: HELEN & BRYAN LOWE LOCATED: 1315 ANGLER DRIVE LEGAL: LOT 17, BLOCK 1. ANGLERS ACRES. PART 2 BY: WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on January 31. 1996 2. This land is on land zoned Rural 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 February 14 , 1996. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) (has not) demonstrated that the proposed development meets the criteria for said permit and therefore the Commission (does) (does not) authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 14th day of February , 1996. ATTEST: Planning Secretary CHAIRMAN 1791-1991 CITY OF KENAI l G'd~~l ~ ~4~~~„ 210 FIDALGO KENAI. ALASKA 99611 TELEPHONE 283.7535 FAX 907.283-3014 APPLICATION FOR ENCROACHMENT PERMIT : NAME.: - . 'STREET:"ADDRE53~ 1 ~ 'MAILING ADDRESS ' s ~, LEGAL- DESCRIPTION ~' V- ( ~ ,: °ZONING DISTRICT- ;,(C3rcle.:1) C CC CG RR RU R IL IH RR-1 RR-2 RS RS-1 S-2 ''<PH4NE _ p ~ O 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 NUMBER TO INDICATE THAT YOU SAVE READ UNDERSTAND THESE CONDITIONS. 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 T S ~e ~n~~~cn~?~ ~~ u~5 ~L~~Y-n`t~~i" `~2~ ~./~ ~ ~E ~U~E 1.~1U!~cc.Y,lre ~ ~ ~xrs~ p ~ r Signature of Applicant:~~/l ~ 2~. ~~~_ (~/,(~ ~`~ ~#,Y`~ Ili. Beaver Creek ~ T'idol Flats ,~~ ~• ~Ili~ ~oa• 5 Z~•~,_~~+ ~'~~~~f t LOT 17 BLOCK 1 1.177 AC. w n ~o ®FI~ ine 0 Q '- 22.3' try 16.1' ~ 14.5' o FRM 16 w . HOUSE ~ LOT 18 ~' 4 I I I I L W ~ I~ I ~ ~,I to ~ €~ I I W I I OI '~ I I (V O~ I I I ~ I ~I 3 z Se~a~ 25 gu1dtnEoget~enti 10' Utiltty_ L ~ 104• N 14~a 56 W o PNG`ER DR~~ ~p' R ~ 224.0' ~~~E CF A~,qS~~ I~ .. ~: •. •. *.:~ 49 Iti. . ~*, i ~ ' MAX BEST ~ fit! c`~~, LS 111 ~ Ili ,.w°~ O Found 5/8' Reber • Found 1/2' Rebor Septic Vent O Q Weil Z -0 Meter Pole SCALE 1°=60' 1) The bearings and distances shown hereon rdative to the property boundaries were derived from data of record. Prepared For: Brian Lowe 1105 Angler Dr. Kenai, AK 99611 AS-BUILT SURVEY l nerWy c.rtlry shot t now eurveyee the ralowkq deeorbea property. LOT 17 ANGLERS ACRES PART TWO IoCOted III the KENA aeeord'ng Distrlet. Naak0. Ond that the improvements situated thereon are .Rhin the property lines and do not overlap or encroach on lhs ProPertY lying adjacent thereto. that no improvement. on the property lying adjacent thereto encroach on Na premises in question and that Mere ors no roadways, traruenis- sion lines or other visible easements on said property except os in- dleoted hereon. Ootea: January 18, 1996 u r>t`'wy L lliV ~lII s. Surwyon and Flamers P. Bas ~6e Soldotno. AK e9669 EXCLUSION NOTE: It la Ue raaponslbYlty of the owner to determile the exlstenu of any aoeamanls, wvvnlants or rastrkUOns which do not appew on the recorded wbdiJSion plot. Under no crawn- stanees should any data hereon be used /or eonsWelian ar for establishing boundary or fence lines. t`. .aos No: 961002 rtrs aoall No. 95-19-13 46d?i ~~ _ 1~` ~ ~,~ 'lZl~ ~ ann ~~' ssac~at~s ~~~' ,~ . ~.,, Bulte ~ Atrtolho-eo., AlYeit~ eel E.I~N.c 92-07lE!!t2 (907) 508.1085 CERTIFIED PUBUC ACCOUN~INT$ Fax (ODn 602•t8t7 FACSIlVIILE TRANSMISSION COVER SI~ET DAZE: ~ ~; 3 ; 0~ ~ Pm TOTAL PAdES, INCLUDINd COVBR: ro: ~~~ l,.,A~ St~~- C ~~c-'~ off' ~Cr~•~ ~ ~~Y: Ke n ~ ~ F~ ~ 2 ~3 - ~ o ,~o>~: Runell Mtokemam NiQe1 Gw~t Berana n!k Cathrlne Taylor ~ Mttnaaing Partner Pardter Psrtaer ORlte Manager iF YOU DO NOT RECEIVE ALL TH8 PAOEB. PLEA86 CALL (90TJS63.1063 ~~ ~ The pe5ee oomprWog this tlorimile umroiaibo aaararo oon6dantisl iatbrmelion o~ia .fa Aeeooietee, CPA'e. Thie LiPotnoetlon u intended eoNly ter1M eee of above mgwd ndpiwR Tf you an not the nxipkn4 be avlnre tlvt etry diedoeuro, ~Py~9. dieMibutiad oar uw otthe oooter~ oftltle Iretu~ttledm L protidblted 1f you hwe nsoeived this traoemwion in error. plwe eomea to via W ephone et _ (907563.1063, eo we oho eaeoge to retrieve tbje traonoieeioo: Tlteok you. ~~ ~fi`f ~ aw ~ ,~~ Nigel Guest ~ 3320 West 78th Avenue g ~ ~' Anchorage, AK 99502 ~'~~ ~~„'~ rLZL1~+ February 9, .1995. City of Kenai Planning and Zoning Commission 210 Fidalgo Ave, Suite 200 Kenai, AK 9961.1 Dear Commission Members: I am in receipt of tho public hearing notice dated February.l, 1996 for your meeting .scheduled February 14, .1996 regarding Bryan and Helen Lowe's encroachment permit and application for business use. permit. I am the neighbor on .whose. property the .building encroaches and, due to the nature of the probable parking due to the location of the driveway, is most severely impacted by the business use. I have attempted to be a responsibleKenai River Property oKmer and have properly j permitted everything I have done as a property owner. I have gone: to a large expense to build walkways to minimally .impact. the wetlands and surrounding properties. My property has, in fact, been used as an example of methods of positive development, I object to the encroachment and zoning for business use for the following reasons: 1, Mr. Lowe has consistently displayed. a lack of regard for the immediate. environment and myself as a neighbor. This is indicated by; a) Cutting and removing all tree® from the flood line to Beaver Creek,; despite: the fact that this is designated wetland by the Army Corps of Engineers. b) Placement of his septic_systam such that it is only 90 feet from my' well (subsequent to my drilling one year before), a barely legal minimum. c) Cutting and removal of trees from my :property and placement of .gravel to my driveway,. so that he could use my driveway artd parking pad for fuming around etc. d) Lack of general care and regard for the property. The Angler Dove joke in the. summer of 1995 was that I owned the property: next to the "migrant camp ". There were tents, old camper trailers with people living in them for the summer .with no sanitary provisions, two large. Rottweilers, snow machines, .boats, and related trailers placed so that in same cases they abutted the property line. continued... ' Kenai Planning and. Zoning Commission ~ Page 2 2. It is my understanding that Mr. Lowe currently owns two other properties on Angler Drive, at least one. of which is currently .designated a business use property. This .property has virtually no trees, and except for his residence and an elevated area of dirt (now:... grassed) which houses his septic system, could be called a gravel pad. While I recognize that Beaver Creek has become a guide and rental cabin area, there should still be a regard for the immediate environment and the: river.. There should also be s regard for those of us who bought property. and built summer homes to relax and enjoy nature: and the river. This new commercial property is placed in the. center of the primary .residential and .recreational area remaining on Angler Drive (currently three recreational lots to the North of 1VIr. Lowe's, and four to five lots to the South of Mr. Lowe's, including mine). 3. In my opinion, Mr. Lowe did much of this work quickly, in order to escape potential Kenai'Itiver regulations and zoning problems. In this case, he has finally been. caught. on a timely basis... I am going to request the commission members to either require Mr. Lowe to move or modifythe house, so that it does not encroach on my property; or, require Mr, Lowe to place a quality solid screened fence, (e.g. solid cedar or redwood), subject to my and the commissionsapproval, from theflood line back 200 feet toward the road: The fence should be a minimum of 8 feet high. I will ~ also request that the .fence be placed facing- toward my property.. This will decrease the: noise .and visual impact from Mr. Lowe's property. The fence should. be installed on the property line no .later than May 15, 1.996.. I will also request. an attachment to the permit stating that if Mr. Lowe begins to clear his property further back to the road in order to create more parking,. camping, and or cabins, that the fence be extended to match, I will especially request this if the conditional use permit is granted.. I look .forward to meeting and tal .king with ;you. on February 14. Respectfully, Nigel Guest .P~J1~t?I1~1 ~G, ~ ~ h1 (ti`~C~ Ci~ f (1~.~ -; ~.~ ~ ~; .~ - _, . ~' 1 ~ K ~ ~~'.~dli~ L~ ~~ J ~~ ~ ~ ,~NP~ LESS '~ f .~~~t ' L.. ~?I~u.~ .. be G~~t,sEcl ~~~i~ ~~~~'~ ~~ut~r ~:tE't-~'~i ~ ~'~~Yr~n; c~l)c~s~d ` n~r~~»~ ~~cc~l bt ~f l~ t' ~t r.~~ pc~i`~in4 l ~ i a~ ~e~ 1 ~1 I _ ~i 1~ i .. Q.~ ~~ ~,~ `~ ~~ . ; ~Ll-~ ~" (+1 ~ vy, i,: [ r 1 ~. ~' ~rl'1.(E' C~ (',l IJQ(,Z,~ _~,, . ~ f1QUP1 •np OI) ~ 1 peMtl~' is ~ u~ j~ ~~~-~ ~i~~- - t ~ ~ ~lo~.< < <~t~ ~ i t ~ 1 c~~`~tGb~.~, ' ~L ~ ~ - . 1' 4 / '! •I F '~/"'/i/N'~/Y`Y•~/y[ ~~, ~i,~~Tr ~/l'Y~A ~Yl f~f~~f. r,LL~ .. ~~ ~ ~~// 1 _ /~ _ n ~ / j ~ F ,.. f j Tran+®mltted Vla: oDQ Printin' Place, Inc. X002 Spenard Road, #! PDQ Printia' Place apea1a13aea ~ • Business Cards • Letterheads • .Envelopes • Carbonless Forms • Brochures • Flyers ~ Newsletters • Buttons • Raffle Tickets • Announcements • Checks • Continuous Fomns • Rubber Stamps • Laminating • FAX Service • Typesetting • Complete Bindery AND MUCH MgRE! • Anchorage, Alaska 9903 a Urgent o Confidential FAK TRANSM 1TTAL __ SHEET M then aro eey propironrwith thle trenemleelon~ plee'e cell Phone: 1.907.276.1717 FAX:1-907-276-2500 Date' . ~. To: ~i ~~a ~ Tlme~._..~.._._ Fax N .~ 9'07) -a~'3-3v~~ ' - _ Ph. From: ~~ ~. T.~ ~,o~~o~~ Fax No. Ph. No.~paZ1~6a-~s'.s~ # of Pages (including-this sheet): MESSAGE This facsimile may contain PRIVILEGED AND/OR CONFIDENTIAL INFORMATION intended only for the use of the addresee. If you are not the addressee, or the. person responsible for delivering it to the person addressed, you may not copy or deliver this to anyone else. You are hereby notified that any dissemination. or copying of this facsimile is strictly prohibited. If you received .this facsimile by mistake, please immediately notify us by telephone. Thank You. ~ / ~ ~ ~ `l ~ i v s ~ ~=~ p/ ~~X~-~ .. ~~d ,~ /~ ~~. ,~~ ~ ~ ~~! P9d~a~ ,/~~`+ ~~~ poi. ,- o u~...~~JA~~='T , ~r lao. ,, ~~~ Wiz, . ~ ~- _,: ~ . boa ~ ~Tton~~Ad- . (~ T {~~,.. ~ ~ ~Er~s arc. ~.E-s .~ ~~2'i" ~ .... . ._..~---~~ .._ ~- ~ ,a. a , r~~:r~~~~ Pie. .. ~. e~. b 0.ha~~ '1~.e n~ hb~_r~l~ood-.,. b~ .._till~~a.~l p~r~lin~ t.. ~ t C3 _ ray ex~.....a~. ~ e Was ,. chi- ..rM.~.~~ .©~ ~ ~.asy . -~a,, `f~~.~ i ash ~,~, u ~~ s r~ 1~ ~- vim, . n,~~irn:~~ abo~c,`~ - hrs.. -~ ~r~ ~. e . . -'thC s.. . ~ caa,-~r+a~a+'~ :1~.~-~ .. ~ :P , ~i ~s s ~~ ` ee~' ~~o . r~ -fib rloco.~ eons ~`~iQv~. ~ J "~ . - _.__ . ~ - ~ ~ ot-. ~`~s 1~~, ~e~~~~rs Via. ._ n Lo ~ ~ ~ p~ a.~ P ele~ri~`~r'a~s-{~rwt.~r . ~c~''~'~ ~° o~ Po~r~' ~PQ~~~~ ~ou~~ es~ ~c-cr~Q,c~ ~`~ . 2- ~.~ ~i~ v- C"~ts Wouwc 182 ~~ ~ .I~ b OIP~ _. ~~' ~~ STAFF REPORT To: Planning & Zoning Commission Date: February 1, 1996 Prepared By: JL/mk Res: PZ96-8 GENERAL INFORMATION Applicant: Bryan & Helen Lowe 1 105 Angler Drive Kenai, AK 9961 1 Requested Action: Conditional Use Permit Legal Description: Lot 17, Block 1, Anglers Acres, Part 2 Existing Zoning: Rural Residential Current Land Use: Low Density Residential/Recreation ANALYSIS City Engineer: This is a 2 bedroom home with loft. Applicant wishes to rent nightly/weekly during the summer and monthly in the winter and provide boat parking at this location. The permit should be contingent upon an Encroachment Permit being issued, or other solution. (See Resolution PZ96-7) Building Official: A side yard encroachment exists. This issue should be resolved prior to any permit issuance. RECOMMENDATIONS This activity appears to be consistent to be consistent with other approved Conditional Use Permits along Angler Drive. Approve with noted contingency. ATTACHMENTS: 1. Resolution No. PZ96-8 2. Application 3. As-built CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96-8 CONDITIONAL>USE PLRMiT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Helen & Brvan Lowe USE Lodaina & Boat Parkina LOCATED at Lot 17. Block 1, Analers Acres. Part 2 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: January 19. 1996 2) This request is on land zoned Rural Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: February 14, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED Lodging and Boat Parking MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 14, 1996. CHAIRPERSON ATTEST: Planning Secretary r~ CITY OF KENAI CONDITIONAL USE PERMIT ~~ a 'JAN 1996 ~, O ~ • ~ V ~~ ~,~ r„ NAME /'.'~ Ai/ ~O w ~ ~ /~' e/~~ .~Ql ~ PHONE © 7 a~3 ~E~~ MAILING ADDRESS ~~~~~ ~N~ /~ /' D/' /~N~, i~ ~/ ~/`~1~ ADDRESS DESCRIPTION ~© ~ /~ ~~.~ /~ ~ ~L~e~ ~czr~ ~ ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl Section 14..20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which ~ may be compatible with principal uses in some zones if certain conditions are met. I understand a ~ conditional use permit is required for the proposed development as described: Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, ~ elevations of such buildings or alterations, and data / as may be required. 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 sheet). ~~ ~~' -~ 5 i ~-~ An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming ~. use for which the conditional use permit was approved ( has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing ~ shall not be required as a condition to granting the extension. ADDITIONAL ~~ !\ /Y COMMENTS : ~~~~ ~ "` ~ ¢ ~o ~J ~i~~/ ~~ Applicant Signature: "' Date: ~ ~~ 9~ ~~,Q/)~.1.~ __Apgrav~ed at P&Z Meeting: ~~~~~I~ Approved: Chairperson Attest: ,Beaver Creek ~ Tidal Flots A ~ ~ ~Og;l LOT 17 BLOCK 1 1.177 AC. N tC ®~ine t~ A 7 " 22.3 ' 74 5' T 16 0 16,1'FRM HOUSE w N LOT 18 38.4' I ' I I ; I I W I 3 i o 0 z ~ N u~ ~~ I 224.0' °1~ w ~ I I _ g '~ I I o~ I I ~ Se~ock 25 g~i d'W+9 men, ~ I ~ ~o ~cas~y EagE _ ~p4,00 L - ~o4.0d w N ~"~ ~ R. ~' p,NG~E~ W R/ ~p `,~~\\\\~1' ~~~E QF A~ ~/~ '~~'''•. ,9s'F,~I ~ * Iti~ ~....: 49 .. ~. ~~~~-, ~, ~ MAX BEST ~ {~ s ~~, `~~ •• LS 111 ,.•'~ ~ I~ ;o r!{~~~a`~ LEGEND AND NOTES Or Found 5/8' Rebor ~ Found 1/2' Reber Septic Vent 0 Q Well Z Meter Pole SCALE 1"=60' 1) The bearings and distances shown hereon relotive to the property boundories were derived from data of record. Prepored For. Brian Lowe 1105 Angler Dr. Kenai, AK 99611 AS-BUILT SURVEY I harWy eerily thot I hove aurvayW tlia follering deaeribW property. LOT 17 ANGLERS ACRES PART TWO located M the zENAI Recording OlstrieL Naako, and thot the inprovsments situated thereon ore r{thin the property IMea and do not overlap or encroach on the property lying odjaeant thereto, that no improvements m the property lying adpeent thereto anaoach on the Dremisea n question and that there are no roadways, Uansmis- sion lines ar other visible eoesmants an said property except as in- dieatad hereon. Dotaa: .lanUafy 18, 1996 111L-~7 ~l ~11V YII EngNws. Surveyors and Plomen P.0. Bar X68 Soldotna AK 99669 E%l1USI0N NOTE: It Is the rospmaabfllty of the owner to Oeterrnine the ez4terws of any casements, covenants or raalrictlons rhieh do not appear on the rewrded subdivision plat. Under no cacum- stontss should any data hereon bs used for construction ar for ealablishing boundary or fence lima. .cab Na 981002 rMid Soak Ne. 95-19-13 t`. C~ c -~ } STAFF REPORT To: Planning & Zoning Commission Date: February 1, 1996 Prepared By: JL/mk Res: PZ96-9 GENERAL INFORMATION Applicant: Bryan & Helen Lowe 1 105 Angler Drive Kenai, AK 99611 Requested Action: Conditional Use Permit-Lodging & Rental & Boat Parking Legal Description: Lot 8, Anglers Acres, Part 3 Existing Zoning: Rural Residential Current Land Use: Low Density Residential/Recreation ANALYSIS City Engineer: This is a 2 bedroom/1 bedroom duplex. Applicant wishes to rent nightly/weekly during the summer and monthly in the winter. The proposed activity requires a Conditional Use Permit in a rural residential zone. Similar uses now exist along Angler Drive. Building Official: No building code issues. RECOMMENDATIONS Approval if public input is favorable. ATTACHMENTS: 1. Resolution No. PZ96-9 2. Application 3. As-built CLTY OF KENAI PLANNING AN'D ZONING COMMISSION RESOLUTION NO.' PZ 96-9 CQNDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Helen & Brvan Lowe USE Lodging & Boat Parking LOCATED at Lot 8. Anglers Acres. Part 3 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: January 19, 1996 2) This request is on land zoned Rural Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: February 14, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED Lodging and Boat Parking MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 14, 1996. HAIRPE SON A ST: Planning ecretary CITY OF KENAI CONDITIONAL USE PERMIT NAME ,~ RN ~. 7` t~ ~i~ PHONE 91 ~ ,y'2~3 - ~ MAILING ADDRESS / ~L~ /~/1 ,~r v: e ' ADDRESS LEGAL DESCRIPTION .LDT ~ ~ i:s /~~re S ~.t.r-f 3 ZONING C RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit (~' approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. i ADDITIONAL CONIlKENTS: !~~ ~/~ ~ ~~~ ~ ` c< Applicant Signature: ~ Date: ~ ~~ y~' Approved at P&Z Meeting: A proved. Chairp rson ,~ Beaver Creek ~ Tidd Flats S 06'02'1$' yy 110.61' 1978 Meander I I 16.2'X8.2 y Shed/We OETAIL I, ~ ~ ' ' 20.2 I ~ 1 1~ « ~ t~Q 1 1 ! Ot N II p pp Mf LOT 7 LOT 9 327.2' 3 I T ~ W LQ I 8 42.589 S.F. ~ ` Z I~ I~ ~ 2S' Buidinn Setbogt ~ I N 04 OS'42' E 110.28' _ 76.61 ANGLER DRIVE 60' R./W d„(;~ND AND NOTES ~ • Found 1/Y Rebor septic vent O Q Well Z 0 Power Pde SCALE Meter Pde ~ ^ ~ 60' 1) The bearings and distances shown hereon relative to the property boundaries were derived from data of record. 2) The true meanders of mean high tide mark form the bounds of this lot, the monder line shown Is for tomputotion purposes only. Prepared For. Brian Lowe 1105 Angter Drive Kenai. AK 99611 Wood Deek 40.4' 1'~ Wood Deck Frt>rrte House c 18.5'.' 21.5'ed8.1'c GM HOUSE DETAIL 1w 30' '~~~~~\\1111 ~Q~E O F A`~S'F ~~j . ~: '•9 ~ .*: 49 Ili •:*/ ~,~ P ~ M. SCOTT McLANE; ~= 4928-S .•9~~- AS-BUILT S-URVEY f nenby eertMr trot t have survsysd ufe ~, deeeteed tleaPartX LOT 8 ANGLERS ACRES SUBDIVISION PART THREE loeotsdn Me KFN_~~ Re~adinq Disfriot• Mask0. and Nat the improvements situated thereon are within Me property link and do not overldD a encroach on Me ProPatY IYi^9 adpcent thereto, that no improvananb an the property lying odpcent thereto encroach on the premises n question and Mat there ere no roadways, trpnamis- siM lines a other visible easements on acid property except w in- dicated hereon. ppted; August 26, 1995 Yclane Testing Stinwyon end Plamws P `.ere saeatno. Ne tweea E%CLUSION NOTE It b the reapansibUily of the owner to determine the existence of any easements, eovenonb a restrictions which do not oppea on the recorded subdivision plat. Under no erwm- stancas anouW any data hereon bs used for construction a for establieheut aounday a farce Ines. 951067 95-19-11 Job Nee - hld Boob N0. - G ~! STAFF REPORT To: Planning & Zoning Commission Date: February 1, 1996 Prepared By: JL/mk Res: PZ96-10 GENERAL INFORMATION Applicant: Chris & Delora Garcia P.O. Box 203 (2528 Beaver Loop Road) Kenai, AK 9961 1 Requested Action: Conditional Use Permit-6 Plex Legal Description: Tract 4, Horseshoe End at River Bend Subdivision Existing Zoning: Rural Residential Current Land Use: Low Density Residential ANALYSIS City Engineer: The applicants have said that they wish to convert their existing single family home to a six-plex. The zone is rural residential, which requires a Conditional Use Permit (See Development Requirements Table). Building Official: A building permit will be required to convert this building from a single family residence to multi-family. RECOMMENDATIONS Approval subject to public input and Footnote C3 conditions. ATTACHMENTS: 1 . Resolution No. PZ96-10 2. Application 3. As-built CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96-10 CONDITIONAL IISE ..PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR CHRIS & DELORA GARCIA USE CONDITIONAL USE P --6 PLEX IN RR ZONE LOCATED TRACT 4, HORSES E END AT RIVER BEND SUBDIVISION WHEREAS, the Co 1) That an applicatio ing the requirements of Section 14.20.150 has been submitted a ceive :January 31, 1996 " 2) This request is on land zo Rur~- Residential 3) That the applicant has demo~frated h plans and other documents that they can and will meet the folio g cific requirements and conditions in addition to existing r uire nts. a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: February 14. 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED 6 Plex Conditional Use Permit MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February 14,1996. CHAIRPERSON ATTEST: Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT ~~~ ~~ s a 0 ~~~~ NAME i ~ p PHONE 7 MAILING ADDRESS ~5 p ~ ADDRESS G d~ LEGAL DESCRIPTION 7'/~~tC o - ,~, - ~ - ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Renai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed d l t d i eve opmen as escr bed: ~~ Please submit site Plan, Map (if available) and Traffic Flow & Parking C ~ Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data ~ ~ as may be required. 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 sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a L'~ finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS: X07 Cht,~,GG ~ti~ Dt~7`~~i~ D/;,y~,LTio,/.s Ar ~~n~,~~ti~ z'.Lr~=ia~dr,~ Applicant Signature: ~-~~ ~=~~ Date: j~~/~9'~ ed at P&Z Meeting: Approved: Chairperson .. ~~ _ - - ~3y~ ' - ~` .. o _ s/a~ d:.. ~. ~ ao~ _ . ._ _:~~ ,~' ~.~.ts.. alatse. ~ ~:,1 ~ - - _ t i- -~ t r ~""', ~~,~--- -- - _ t _ / / d - - ~ ~~ ~ ,~ ~- Rya . / ~ -~ 1-j - ~., ~ \ ~ i _. _ - - - _ _. _ - -_ ~ .:mac--~~..y ~ _1..-K4-rsw~ _ '~~~~~~ ~_. _ °. ~"~~~ rah ~=ii '"~~s'y..a.__.~~__ _.. _~ _ ~~. __~. tY"+ ~' r... ~ - lu •s _ 12k sus aazr ~,~ o - ~I W O M ' '~ r. ~~ Fl.OOR ~ ~ ~ '~ EL. 1031 T?~ CT - ~~ ,wood oEac z.2~a ~ »~ _ / 4 ~~ ~y , - s3, i ~,7 E'~ S _s RIyER ap.lallLl :+Yll1 .L `~' ~_ ~~ H E3(D •T g1•YR BAD IDHDit-I9ION, AS R`xORDID IR PIdT Er1709, • ~yI nas~alcT, cIa oa m~I, tL18L1 ~,q~~ ~;'~~f rty wa ssirePed t i hree~ eerttty that the abore-desoribd ProPe ~~~ ~. lnoated u aholo hereon. I lhrtbn' :dtslL a3i-!lwael+~ anr' heardn6e art ~° ~ oorrect, to >~ ,tom !rid 4 ~~'~ Dalief, and that oo~parati~e eletatiooe . r~ a• a0ted._ . YAc ~. ir~iN~ ~ De. S. 6. Dd.~p11 w- R 3 0 _, ~. _' I 1 _ I i ~ ~1 v . - - - -- Qz s _~_._ .. `\ .,\ ,~ . .~ I i .I I "f~ a ~~. 0 0 v .~ i ~, I i __ -- -----, i I ~i ,~. . .~ J~ Lp O ~~ Z ~~ ~~ y X, ~„ FOQTT 'I'F- (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. f4f (2) One single-family residence per parcel, which is part of the main building. ~~ Allowed as a conditional use, subject to satisfying the following conditions: (3) (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (~) yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the IZR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (fl The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (p~ There shall be provided, as Part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; u will not be adversely (i) The property adjacent to the proposed dwelling gro p affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. ("~ See "Planned Unit Residential Development" section. (g) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. __ _~---- ----------------- ~~ AI S46-11/13/87 14~g CITY OF I{EN ~r ~~' V' f~{ ~Qv. ~0~ - ~Tx P ~ Prineipol lersittod IMe ~OfEt RerorRe raowca an folloriA Poo for C ~ Carditiorrl llst odditlarl restrfetiois. S ~ ~~ l~so Table 1 of 3 „,,. . ..x -.~>:.. z ~~** T~~e~e~~ ,. .. .. ye ^x ~x .m ~' ~ .. Itl1~~ LLl lice ~ :a.F.. .c, '~..i....r.~ ... ..... .. ... ~ .t`°'~ vx~.gMS ~' ~ ~ Ili lLll_ 3C~7L.w ~~` .W ~{ ~ ~ R (1~ ~. .n. ,~ ,. c ~. '~5'il~f?~' S.. ~ T ._ ~,~ , A LAND USB H.: , a ~ ~, ,,. , . . ; ., .. ... .. ]~]•I._(~'1 _~ %k.. ~: '... r: n.... ... :mi :.. .... A_.. ..:..: .'n .v. .....::. ... . p~ Family P P P P P P S S' S2 P P Dwelling Two Family D~8 P r r r P P S P ~ T6tz+e/Fo+a Family 8 P P P S S' Five/Six Family Dwelling C3 P P S S' Seven o[ Mae C3 Cs P S S~ C Family Daelting Townhouses ~ C C C Mobile Homes s Mobile Home C C b Planaod Unit C C C Resiflenflal Developmat T Automdive Sales P P P Automotive Secvioa P P P Stations ~~ P P Business/Coowmer P P C Serviors Hotds/Motds P P C Ptofesaooal Offices P P P P P S P ~ L+ p p C C ~ Business p p p P C C .rn~~ p p P C Commercial Rfaciniion 14-65 CITY OF KENAI ~~ STAFF REPORT To: Planning & Zoning Commission Date: February 7, 1996 Prepared By: JL/mk Res: PZ96-11 GENERAL INFORMATION Applicant: Mapco Petroleum, Inc. 3335 Arctic Blvd., Suite 100 Anchorage, AK 99503 Requested Action: Landscaping/Site Plan Review Legal Description: Spur Subdivision #1, 1983 Addition, Lot 3B, Block 1 Existing Zoning: General Commercial Current Land Use: Undeveloped ANALYSIS City Engineer: The KMC requires new commercial construction with the CG zone to apply for a landscaping/site plan review. Parking and drainage appear adequate. Building Official: Applicant intends to remove most of natural vegetation and will replace with more desirable trees shrubs and grass. NOTE: The proposed size of advertising signs will require a variance. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-11 2. Application 3. Drawings (Note full drawings will be available at the meeting.) CITY OF' KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96- 7 7 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 Mapco Petroleum, Inc. ,and received February 7, 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, February 14 , 1996. A T ST: Planning Secretary CHAIRMA LANDSCAPINGJSITE PLAN REVIEW APPLICATION APPLI /~~joc0 /~~?~'e LE7~~ri ANC, ESS 33 S if~2G ~G!/~ S~ii"~ /oo i~/IAILING`` ADDRESS C 2 E L/-l~ ,~~ 9 .Sa3 ZONING C RR RR-1 RS RS-1 RS-2 RU CC CG IL R TSH DESIGNATION (Circle one) LEGAL PROPERTY 01{VNER /Ji~p~ ~~772crcEr~~ //t/C, Please include the following in the Site Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. ~ d. Ident'rfication and location of non-living landscaping materials to be used. e. Identrfication of on-site snow storage areas. y f. Drainage patterns. ~ g. 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: C:\WPDOCS\FORMS\LANDSCAP.APP ivil r. Wm. J Nsl~on and A~~octats~ 218 >sida Iggo, b. 2~4 ksns i , All;. 991611 ' i~dx (921) 283-3683 (9m?) 283-461 Pax ,, 5trucLura I: Wm. J Nsison and A,~soctatss 216 Pids Iggo, b. 2m4 ksns (, AK. 99bt1 3~? Rex (~?) 283.9fi83 (9m1) 283-d61~ Psx I l 83'•8" 34' II '-fb" s9' -b" 12'-!~" 36'- 26 ' I~ IrwowT OA ACG tAO Y. D D7 I I I ( ~ 4' V EaQiE Or 1'IEW II I ~ i o` :04'X4' ~I ~ -1----=-1 0 ~ Tl'P of ~ IGFIT io REL TANCb ~ ~ :1 L_ _ -~ - J' `r , 1EG. ~ ~~ TAlK ALAS. . 01 ~ IOK I i ~ I~ I O O o - I ~I ~ = c. 0 ~ ~ I v lb-3) CANO II I II I III ~ o ~ ~ O II I 4s' X T4' ~ CONC. VEHICLE ~I I 9LAD, b' TN{CK I I I ~ AC PAVMCs. TYP.~ ~ I "' ~ I ~ II I 817E LKaNTPIG \ bTMlD41lD, T1T. I REF. ELEC. DUGA, n 1 ( na4co TT'P. aF i ID'X10'XA4' a16r1 = ! ~ _ _ I . ~ 34' CURB CU 8 T _ ~ EDBE Of NCW - - AG PAVR-3~ Mechanical: Devid G. 1'~Isuwsr s+,d c 24m1 La1cs Gsorgs Dr. Anchorage, AK 99bm- C9m1) 338-Q~1m1 (~? itlscertcs 1: ^DG, Inc. 2t9 W. #~irsurssd L.er+s Ancr~orog s, r41C 918®: (9mU 2'78-1939 (9m1 -r -- -- --~+-1- 34' ~T /~ a L~ !I b i ('1 - S J~/L I I ST~1~ ~~ ~ 4 ° I IREF. CIVIL DYGb. 1 FOItsM. PLR ELEV. I I REF. AI ~ AT FOIF ~ 3 8kb' P I CUILDM?~ DPIENbION6 I SPACE, I zeoo sr bl.obA z a•xIA' v u`~ s~a'~E AI~zE 1 sic !-cc~Ae_~ ~ 8 9 Im Il ,12 ass orlE P I I (/~~J I -l/ -_z~ _~~A}°GO 4'X4' - -. - 81GN ~- ~'-~" P~IU ~c ~r - - V PARCINCs EP 61bN R'1- 'vA-J ACCEbb' MOWT s'-o• At . I.+.c. arr, RS. 4/A!I (ApA-A6 4.1D) ( UTIL. E I 3 I 34' CUT OR WEW AC AVflVb-~ ~j 4 34'-~" PEW II I I 83' -6 " 34' 1!m'-0" 39'-6" 12'-0" 36'- 26' 6' 43' 8'-m" 18'-m" 24'-m" k 17~ 34' '~ i II 1 II RB GUT 3 CU I I :..- .. :. - -- _ RB ... ...__ I I 1,. - °} ':~•: • EDGE NEW 9 ~.:• .. ~'~'~ ........ ............. I I F: •:::•::•:~ ~ ' ~, .....: - PAVING L i ~ •:•:::•: ~: • I I a'xa'i I G::•:::•::•:.:~ ' ~ T ~ °I A I 1 ' ap I_--------J I I 1 --1 I `F.TANG. o~ ~ ,0~::{~: r - - - - - II .•:~•:::: 3 1 1 1 k J. ~ AC PAVMG, TTF~. -, ;'r.1t::':~r II 1 I I #~:~::~::~: I I 1 ~ t:•i:~rr::: ~ 1 ~ 1 ~ i carv~kl6NCE :~:~;~::~: (I 1 0 °0 I BTORH :~•:•::i•i~ ~:i• o I kr -~ HKsN IfA70D ~ 0 ~.•::•ii:'i:i•. 9 Pki"IP k6LAND8 I I FRAI"E EtUILDPYs uu 1 SIDE k:::::::•:•. (k `~ a CAPi01°7 ~ I FLAT ROOF uu 4 IDES OP e-L~~G f:.:•:.•:..: I I V PARAPET, !?fOFF1T T.Yr:'t::'.i•r I I 1• ~ PGANOPY BAPPROX ~ ~ . ~ OVERlIANG 4 SIDEb i F WT STItl~ I g f:•:1•:G:•ir: ,dLIF f.:•::~:::•:: I I 18 FEET AEtOYE ~....,....:. ' ~ GRADE I - ~:•: 11 ~ 1 c;;•::•::::: C•r:{iiitir: I ~. ~ AG PAVMKs, TYP. -, I p :.~:::: 1:... r Female CG ~DRAWRiGb ~ ~ ~ I I C::•::•::• ~ DfZ4MAGE p I O~.`. ~ I p I ~ i ~'::•::. II ! p I (;•;• •';, SNOIU 5TORAGE ~°4 N ~ I p 5m'IUTIL. E I :... :- t ~ E;•::::•::::4: • ~ ~ F•::::::._:.: ... .. ....... ....... I ....... ..: I ~••~_~~ ~•~~~ ... ......_ _ .... ....~ ' ........ _ _ _ _ _ _ T ~~ _ I 34' CURB GUT s~ .O 4'X4' 34' cUT - ~ ~ EDGE a° NEW -~ EDGE NL~W --1 --.'----- ---- AGPAVMG--- ------- AcP vMG 1 - - - - rlEw raw ---------------r~----------------------------------~---I------ ROAD 1 +~ ~N "~" 0 ro ~ .~ - ~, - _ . ~- - ^~w .~ .~ + i ~~~ ~ vM~M W'O.~ -t , .'X0..1•' ~~~i ~ a it {_ n s. 1 ~ ~ '~ -+ s t ~,. ~~ rri y' rl ' ~ , ~ I ~~/j~r~' ~/~//r i ~ , ~i ; i ' r ,~~, ~ ~ ~, ~ ~/' ~IIDNO~E9` 'k1'~N'i~ - d / . i .fi. ~Y N.0 ; ' ~ / ( f ~ ~ / 1, i?~i 'y ~ ~, ~ l ^f ~ ~~ ~. mar. a s s=- .¢ ~-" ,Sl „9-,~ ,9 „9-,6 '' ~ TO: City of Kenai Planning and Zoning Commission FROM: Michael Christian, resident City of Kenai RE: Proposed Residential Zone `,,~sasa ~aa', 0 !3 '~- ~' ~~ Last spring during public hearings over the proposed Richka Park Estates, I became aware of what I viewed as deficiencies in the residential codes. Heading the list was the lack of restriction on multiple family dwellings in the Suburban Residential Zones. Other deficiencies were noted by my neighbors and as a committee, we are proposing a new Suburban Residential Zone for the purpose of protecting current and future residential communities from possible loss of property value. As a resident of Woodland subdivision for twenty-three years, I have seen a first class subdivision decline due to sub-standard (for Woodland) development. Smaller lots, smaller homes, poor construction, and indiscriminant tree-cutting by developers have reduced this subdivision to second rate. Residents in Redoubt subdivision are equally concerned about the decline of building standards in their area. Our committee thinks this new zone is a way to preserve the integrity of these and future developments. The key changes in this code, other than single family dwellings, are found in (f) Development Requirements as to water and sewer, underground utilities, paved streets, subdivision access, preservation of mature trees, and lot sizes. Our hope is to propose this zone for existing residential subdivisions and all undeveloped lands bordering them. The second and third pages identify those specific properties. Last year your commission asked the audience to propose a new zone that would include our concerns and thus this proposal. We look forward to your consideration of these changes. Michael Christian 613 Maple Drive P~~e z Existing Subdivisions: Woodland Subdivision Redoubt Terrace Subdivision Inlet Woods Subdivision Adjacent Properties 1. SE 1/4 of NE 1/4 of Sect.. 31 of Twn 6N, Range 11 W 2. E 1/2 of NE 1/4 of NE 1/4 of Sect. 31 of Twn 6N, Rangell W 3. E 1/2 of SW 1/4 of Sect. 31 of Twn 6N, Range 11 W 4. SE 1/4 of Sect 30 of Twn 6N, Range 11 W ~ 5. Parson's Homestead No. 2 & No. 3 (W 1/2 of SW 1/4 of Sect 30 of twn 6N, Range 11 W) 6. Unsubdivided Remainder of Redoubt Subdivision (NW 1/4 of Sect. 6 of Twn 5N, Range 11 W) 7. Dena'ina Point Estates (Sect. 36 of Twn 6N, Range 12 W) 8. E 1/2 of SE 1/4 of Sect. 25 of twn 6N, Range 12 W 9. Land Bordered by Kenai Spur Hwy, Redoubt Ave, and Evergreen Dr. (NE 1/2 of Sect. 36 of Twn 6N, Range 12 W) {- i ~4 j a 14.20.095 Prime Residential Zone (RP) (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 in 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; [iv] prevent health hazards by prohibiting on site water and sewage systems. (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: (1) One family dwellings only (c) Conditional Uses: (1) None (d) Accessory Uses: (1) None (e) Home Occupations: (1) Uses permitted: [i] Art studio [ii] Computer linked occupations [iii] Dressmaking/Tailoring [iv] Telemarketing [v] Convalescent homes for the care of no more than two patients [vi] Day care of no more than three children under age 12, including children related to the caregiver (2) Uses prohibited [i] commercial auto and boat repair [ll] Commercial kennels or similar uses [v] Mortuaries [vi] Private schools with organized classes [vii] Real estate office [viii] Restaurants (f) Development Requirements (1) Lot size: minimum 15,000 sq. ft. exclusive of side slope fill (2) Structures must be connected to city sewer and water (3) Underground utilities: electric, cable, telephone, storm sewers (4) Paved streets (60' or greater) and gutters (5) .Subdivisions must have two separate 60' street accesses for school bus, fire, and emergency (6) Developer must preserve 35% of the mature trees on the lot (7) Paved full sized, individual accesses (30') (8) Street lighting with overlapping beams (g) Parking Requirements (1) As required by this chapter (Ords. 925, 1009) (2) No equipment storage on premises CITY OF KENAI 1~~-- ~~ ~~ e~:~~ ~ ~~~~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 1IIII~ ,992 February 7, 1996 Mark N. Kuwada Department of Fish and Game 333 Raspberry Road Anchorage, AK 99518-1599 Subject: Kenai Habitat Restoration and Recreation Enhancement Projects Dear Mr. Kuwada: Thank you for your telephone call recommending additional changes to our two projects: 1. Kenai River Beach Dunes: Boardwalk, Signage, Stairway 2. Cunningham Park: Upgrade and Expansion Kayo McGillivray and Bob Frates from the Kenai Parks and Rec. Department, and I met with Sue Fisler of State Parks to discuss our two projects. Enclosed are the two new Project Nomination Forms marked on the cover sheet as "(Second Revision 2/7/96)." Thank you very much for all of the time and effort you have put in on our behalf. If there is anything else we should do, please contact me. Sincerely, Keith Kornelis Public Works Director KK/kw cc: Tom Manninen, City Manager Kayo McGillivray, Parks & Rec. Director Parks & Rec. Commission manning and Zoning Commission Harbor Commission C:\41PDOCS\GRANTS\REVISED.KULI MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: February 7, 1996 SUBJECT: Kenai Habitat Restoration & Recreation Enhancement Projects REF: 1. Kenai River Beach Dunes: Boardwalk, Signage, Stairway 2. Cunningham Park: Upgrade and Expansion FOR: City Council meeting of 2/7/96 -Handout at meeting -Information 12a Information item 12, Grant Application, in the council packet has been revised again. The state has suggested the city would have a better chance of getting funds if I revise the grant applications. Therefore, I have attached a 'Second Revision 2/7/96" for these two grants. I lowered the amount of the grant request and added some notes. i ~ Please remember that if we get the "Cunningham Park: Upgrade and Expansion" grant the city will have to purchase some land down river from the existing park. I will send in the grant revisions on Friday 2/9/96 so if anyone has any problems with the applications, please contact me before Friday. KK/kw cc: Kayo McGillivray, Parks & Rec. Director Parks & Rec. Commission ,manning and Zoning Commission Harbor Commission C:\WPDOCS\GRANTS\COUNCIL.MEM KENAI RIVER HABITAT RESTORATION R_ ECREATION ENHANCEMENT PROJECT KENAI BEACH DUNES BOARDWALKS - SIGNAGE -STAIRWAY /pF /~ U ~~ ~`~ CITY OF KENAI 210 FIDALGO, SUITE 200 KENAI, AK 99611-7794 (907) 283-7535 (Second Revision 2/7/96) PROJECT NOMINATION FORM Kenai Habitat Restoration & Recreation Enhancement Kenai Beach Dunes Brief Project Summary: Recently the State of Alaska has opened a subsistence and personal use dip net fishery at the mouth of the Kenai River. Thousands of "dip netters" come from all over the state to take advantage of this very productive method of obtaining salmon. The Kenai Beach Road and Spruce Street are packed with vehicles. Thousands of people are now trampling the environmentally sensitive dunes and its vegetation. This project is to: (1) provide boardwalks for access from the road through the dunes and to the beach for fishing; (2) provide educational signs and interpretive displays at various locations; (3) provide an elevated stair, walkway, and deck for access from the River View Parking Area at the end of Forest Drive to the Kenai Beach. Common Name: Kenai Beach Dunes -Boardwalks, Signage, Stairway River Mile: 0 -Kenai River Mouth Township Range Section: T5N R11 W Section 6 Managing Agency: City of Kenai Site Characteristics: Presently trampled dunes with trails and no signing. No stairway from the Kenai River View Area at the end of Forest Drive resulting in eroded trail which is steep and unsafe. Nature Extent of Damage: Fishermen are destroying valuable dunes and vegetation. This makes it much easier for wind and water erosion thus causing environmental plant and animal damage. Need for Enhancement: Without this project the dunes and access trails will continue to cause damage. Eventually the road and adjacent wetlands will be in danger of destruction. Restoration Endpoints: Provide information about dunes and vegetation, its importance, and how to protect it along with history and requirements for area use. Provide authorized trails and access points helping to prevent erosion. Method: Possibly aluminum driven posts with custom fabricated fiberglass or aluminum grating for walkways, boardwalks, stairs, and landings. Waterproof signs. Provide structural sound facilities that are safe and convenient for users plus vandal proof. Project Size: Estimate - 4 boardwalks, stairways, decks, and 8 signs. Duration: Project would allow continued use of the area. Protection Measures: Guardrails, barriers, and signage would direct users to boardwalks, stairways, decks, and walkways. PROJECT NOMINATION FORM Kenai Habitat Restoration & Recreation Enhancement Estimated Cost: $100,000 Monitoring Method: Dunes and its vegetation would be monitored to see how fast it can recover. The eroded areas that would be repaired around and under the boardwalks, stairs and decks would be monitored. The heavy public use would be monitored to see the best methods of restoration. Post Projeet Management: The popularity of this area is dramatically increasing. This grant to the City of Kenai would greatly help in managing the area. Additional Notes: 1. To keep people off the dunes, the City of Kenai will place fencing, signage, log barriers, and guardrails to direct access to the beach by way of the boardwalks and stairs. 2. The City of Kenai will block vehicle access to protected parts of the beach which is southeast. of South Spruce Street. Proper signage will also be used. 1 ~ 3. The project will be designed by a local engineering firm. 4. The project will be bid for construction with a base bid and additive alternates so that the city can scale the project to meet the budget. 5. The City of Kenai will provide some in-kind costs and services towards this project as needed. C:\WPDOCS\GRANTS\DUNES.fRM (( - I' .. ~ ~j ~ ~. y ~.~ ~'• 1 ., i ~ ~ i„ ! ~ + ~ ~\' ~.~ ..~ .r Y 1 - ~~ ~• r• •~~ ~ ~ ~.~; -~ i/ `~ ~~ •' HIV{ •. ~ ~+ _. f ~" .d•M~ •: .r • ' ~~ •~ ~' • .'~~ _ ~ /t~~ ` ,R ~ / ~, ~ i ;' ~ ..~ ~ ~. tJJ ~ _ . is ~~• / f ' y a t a .{ a ii l~ :~ i ~' ~I 1 ~f ~_ f .,\\ i '~" _ i .~.. . ~ . v ~ ~\ ~~~' ~~ •; I s... uar .ao i ~~ ~ ~ J ~. KENAI RIVER HABITAT RESTORATION RECREATION ENHANCEMENT PROJECT CUNNINGHAM PARK UPGRADE & EXPANSION /,pF /~~ U_ ~~ ~`~ CITY OF KENAI 210 FIDALGO, SUITE 200 KENAI, AK 99611-7794 (907) 283-7535 (Second Revision 2/7/96) PROJECT NOMINATION FORM Kenai Habitat Restoration & Recreation Enhancement Cunningham Park Upgrade & Expansion Brief Project Summary: The area is very heavily used by bank fisherman. The City of Kenai proposes to construct a boardwalk from a parking lot to the river's edge and along the river's edge to form a T-shaped configuration. Access stairs from the new boardwalk would be added so that anglers can reach the fishing area without walking on the bank. The City of Kenai also proposes to make necessary improvements to the existing boatramp. Common Name: Cunningham Park Upgrade and Expansion River Mile: S, approximately Township Range Section: T5N R11W Section 26 Managing Agency: City of Kenai Site Characteristics: Parcels are currently developed and undeveloped, located on the outside edge of a turn in the river. Nature Extent of Damage: Bank erosion and damage to natural vegetation due to heavy foot traffic. Need for Enhancement: Cunningham Park is used heavily by tourists and locals for bank fishing. These improvements would help cut down on the human element of erosion and damage to habitat while also increasing the public's awareness to the importance of protecting our environment. Restoration Endpoints: Provide access to fishing areas without damage to the bank. Improve existing boatramp for anglers. Method: Construction of a boardwalk from the parking lot to river bank. Attach stairs to boardwalk for access to fishing area. Improve existing boatramp. Project Size: Approximately 700' of boardwalk and 3 access stairs. Duration: This grant would allow continued use. Protection Measures: Fencing and interpretive signage PROJECT NOMINATION FORM Kenai Habitat Restoration & Recreation Enhancement Cunningham Park Upgrade & Expansion Estimated Cost: $225,000 Monitoring Method: The City of Kenai would monitor the return of the habitat and vegetation. We would also monitor the reduction of bank erosion. Post Project Management: City of Kenai Parks and Recreation Department will maintain. Additional Notes: 1. The boardwalk will extend from the parking lot to the river and "T" to parallel the river along it's bank. 2. A chain link fence will be installed on the downstream side of the project to prevent trespass impacts on private property. Handrails on the boardwalk will act as fence to prevent access to river in unprotected areas. Access will be by stairway. 3. The stairway will be designed so that it can be moved because of erosion and icing- problems. 4. The boardwalk and stairways will have handrails. 5. The boatramp improvement will consist of excavation, backfill with gravel, and concrete pads that interlock to replace the existing steel landing mats. It will also provide handicap access to the river. fi. Any areas disturbed will have habitat restoration. 7. The boardwalk will be made of fiberglass grating with non-skid surface. 8. The project will be designed by a local engineering firm. 9. The project will be bid for construction with a base bid and additive alternate so that the city can scale the project to meet the budget. 10. The city will provide some in-kind costs and services towards this project as needed. C:\WPDOCS\GRANTS\CPARK.FRM r ~ ~: . ~~ .. - ~~ ~~~~ ifs ~` \ t 1 ~ e~ ~ . .:; ~ ~. ._ ~~r •~____- _--~ -- 1 ~ f • i• ~ ~ I { ({ ~ 1 .•{f r~ { r i ~ / { f , i t 1 f 1 /~~~.~ '~~ , 1 1 t s Ir~~ , ~, r i• ~ i =~ ~ ~ i . - .~ s e~ -~: 1 ~ it ... - ^ i, i T -- ~ ~: ~! !1 j~~r [ r ..' J~ . ,~ , ••/1 ! N~ ~1 . 1 ,~;~~.~"".-; art \•,` ~ - ' •~1 ~~~` 0 Q~Q ~8 W ~.3 a ~ a ~. ~ ~ {~ \ a ~ '~ 0 Q ~ =~- .~ //y~ ~ a ~f -~ W ~_ ~ -~- ~- ~ .~" ~ ~ ~_ ~ ~ o ~ ~ r <- Y n U ~_ T ~~ ~ O o ~ 3~Af9j xN/~ N/ilN~ ~ ~ a i ~ 1 a i ~ a ~ ~ i i 9 4 ~ i a ~~ ~, , i i i i O V ti o- Y 2 m -. O s u- ~ N x ~ N ~ N ~ ~~ ~ ~ K ~ i' \\~. ~ ~ w z r_ ~. w 0 Z 0 Z Q Y LL a L- QT i . Z Z Z U CITY OF KENAI ~~ -- G~ ~ y4~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 IIII~I ,~,z February 6, 1996 Teresa Werner-Quade 409 McCollum Drive Kenai, AK 99611 RE: REAPPOINTMENTS -COMMISSIONS/COMMITTEES City of Kenai At their regular meeting of January 3, 1996, the Kenai City Council confirmed your reappointment to the Planning & Zoning Commission for an additional three-year term, ending in 1999. The Kenai City Council and City Administration thank you for the time and effort you have contributed and are willing to continue to contribute for the City. Your interest and endeavors on the Commission are examples of a dedicated citizen working for a better tomorrow for the City of Kenai. Congratulations and again, thank you. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf ~ P.S. My apologies for the delay in sending you this letter. I began the process on 1/4/96 and got sidetracked somewhere along the way. CITY OF KENAI -- Gil o~ y4~-~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 I~II'I 1992 February 6, 1996 Karen J. Mahurin P.O. Box 1073 Kenai, AK 99611 RE: REAPPOINTMENTS -COMMISSIONS/COMMITTEES City of Kenai At their regular meeting of January 3, 1996, the Kenai City Council confirmed your reappointment to the Planning & Zoning Commission for an additional three-year term, ending in 1999. The Kenai City Council and City Administration thank you for the time and effort you have contributed and are willing to continue to contribute for the City. Your interest and endeavors on the Commission are examples of a dedicated citizen working for a better tomorrow for the City of Kenai. Congratulations and again, thank you. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf P.S. My apologies for the delay in sending you this letter. I began the process on 1/4/96 and got sidetracked somewhere along the way. CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~ III~II 1992 Ron Goecke P.O. Box 3474 Kenai, AK 99611 RE: REAPPOINTMENTS -COMMISSIONS/COMMITTEES City of Kenai At their regular meeting of January 3, 1996, the Kenai City Council confirmed your reappointment to the Planning & Zoning Commission for an additional three-year term, ending in 1999. The Kenai City Council and City Administration thank you for the time and effort you have contributed and are willing to continue to contribute for the City. Your interest and endeavors on the Commission are examples of a dedicated citizen working for a better tomorrow for the City of Kenai. Congratulations and again, thank you. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf P.S. My apologies for the delay in sending you this letter. I began the process on 1/4/96 and got sidetracked somewhere along the way. February 6, 1996 a~ c _. N ~ w a ~ ~ ~, 0 a E H ~' 'N ~ ; ~~ O ~"~ ~ £ a o oa ~ ''~ vj ~ Q ro ~ -- do V ~ N ~~ ' o ~ ~ V !0 d '~'i ~ O a u C QQ Q °a ~ t ~ O V ~ N W ~ ~ ~ o Y W a c '~ a V _~~ ~ 01 +'~' O _ ~ p ~ ~ ~ Y as is t L v ~ J ~ V ~ Q ~ G ~ 11966 ~Ib' `!eua~{ OOZ 'lS `'any o61ap!d OLZ !eua~{ ~o ~(~!~ a!eU~ uo!ss!uauao~ 6u!uueld 1 bZ566 E~SEIt/ `a~EJOI.i~Ub/ ~.~..._. ,~ , . 9t50`1Z Xo9 'Q'd ~... °' ~~ aEUiwas 6uiuiEal uoissiwwo~ 6uiuuEld E. ~ ~ `~ uosua 8 4~agezi13 0/~ `~~~,~.,1~w>~uoi~ei~ossy 6uiuuE~d uE~iaawy ~o aa~dEy~ E~se~y "Are you ready to be a Planning Commissioner?" A seminar sponsored by the Alaska Chapter of the American Planning Association and ~~~ Alaska Department of Community and Regional Affairs ' 'OOOZ-bLZ -L06-1 lE uosuag y;agez!13 IIE~ 'Jeu!was ay; ;nogE suo!;sanb aney not ;! •uoayounl sy; puauE II!M I O (88; UOI;EJ;S168J Qg$) JEUIWBS ey; pUeuE il!N+ I O _ tiZ566 E~IseIV `a6EJOyouy 9b50tiZ Xog 'O'd JEU~wag BuiuiEJl Jauoissiwwo~ 6uiuuE~d o/o uosuag y}agez113 :off 'uoi;Eloossy 6uiuuE~d uEOUawy `Ja;dey~ E~IsEId ayl o; a~gE~(Ed ~aayo E y~nn 6uo~E 'uuo~ siy~ wn~aJ puE a;a~dwoo `Ja~si6aJ oJ. IaioH us~selV le6aa 966E '6 4aJeW ~~Jauolss!uJwoO 6uluusld e aq o; ~(peaJ nog( aid„ :ssaJppy :UOI~EZIUEBJ~ NOI1dI00SSV JNINNVId NVOIa3W1l 3H1 d0 li31dVH0 V~SVIV :awEN :JOB UOI)~EJiSI~a~J O _E m t o rn v~.o ~ m ~ ~ N O •~ ~.. O ~L ~ .N m O O ~ - O U m C o E ct a~ 3 ~ ~ ~co ~~ rn~ N~~ o 0 ,r E _. .., cv • ~ a~ ~ m ~ ~ ~ °`~m mo m ~ `_rnmo~ 3 `~ ~€ r. m ,c v~ ~.? ~ L ~ ~ 0..~ ~ G N C,~ O ~ C ~ 0 ~ C ~ _ M o.- ~ c ... co ~ ~. N m N •E m m W O`N N~~ N O ~ °.O ~a~°s •m cw o~ Q- ~ m ~r ui m _ cII 0 C O~ _C O .O ~ _C of N L` C .C m U co - C y L O ~Ef?t N C >`Yd.~C CQ1 > _C OYU..tA i:0 ~N c O ~r c rn~ cv mU ~ mY ~,Eo >,o~.~~ a3 ~ m N ` ~ ~^ .~ .o ,.. ca •~ o U ~'L ~° ~O N lp.~ C ¢ O O i •~_ ~ L i L~ w~ N C O A L~ . C.''C- ~ C ~ ~ C > O ~A t. N :~. Q~ O U ii O ~ O d ~ (tf ~ N ~ U m N ~ . V ~ ~ O ,, .~ L •y ~.+ .:. V -C cQ E - E co C t . O :~ N ~ ~ .0 •• ~.+ ~ ~"' N c0 . ~ ~' .~ ._ a v; N v0, ~ O '" ~ c0 ~ coi cca o ~ `y ~,- ~ =;.p EQO~ca~mc_~`~ •.°-~L ~C Cvi ZaUi 'a ~ C r d~ ~ m¢.x¢'c~ m E vJ ~ c ~~ c~ E o _ Qo_m c cocE3 y NE O •Cw Y -O ~.L L~~OaE a~=~c-~~coE ~ ~o ~;~ ~~ ~.N~ a ~ `• i __ tfs to ~ ca •~ ~ -Q ~o •- •- c° ~ - c 3 ~ U ~ .~. ~ as c E ¢ ~~ O~~ ~~ p~~ •c.o'3 c y E m~ o ~ c~ ~, o c C `° E c Ca. *' C dch U~ ~=E~caNO c coc w~ O•°- v,o•- L. C" ~ :.. ._c o~~ o me `~c 'Ec '-cssai a C O O, ~ ' U ~ Q 'c o. E _ '~ ~ = ° v oC 4. J U ~ U I- cv U ~'~~ HdvUv~ia-oc.~3N 10-., ~, ~l KE1VA1 PENINSULA BOROUGH •• . ~~ _.~v 144 N. 81NKLEY SOLDOTNA, ALASKA ~ 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DON GILMAN MAYOR TO: Drew Scalzi, Assembly President THRU: Don Gilm ~, orough Mayor FRO Asa Parker, Planning Director DATE: February 12, 1996 SUBJECT: Ordinance 96-06 Meeting Schedule Ordinance 96-06, An Ordinance Establishing Areas for Regulation of Activities for Kenai River Habitat Protection and Enacting Land and Use Restrictions Within Those Areas, will be introduced at the February 20, 1996 Kenai Peninsula Borough Assembly meeting with the public hearing scheduled for Tuesday, March 19, 1996. The Kenai Peninsula Borough Planning Commission will be holding a public hearing on the proposed ordinance on Monday, March 11, 1996. By copy of this memorandum, the ordinance is being provided to the Cities of Kenai and Soldotna, advisory planning commissions in Cooper Landing and Moose Pass and the Kenai River Special Management Area Advisory Committee requesting review and comment. cc: Tom Manninen, City of Kenai Joel Wilkins, City of Soldotna John Hammelman, KPB Planning Commission Jim Richardson, Kenai River Special Managment Area Advisory Committee Mona Painter, Cooper Landing Advisory Planning Commission Ann Whitmore-Painter, Moose Pass Advisory Planning Commission Introduced by: Land Use Committee Date: Hearing: Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 96-06 AlY ORDINANCE ESTABLISHING AREAS FOR REGULATION OF ACTIVITIES FOR KENAI RIVER HABITAT PROTECTION AND ENACTING LAND AND USE RESTRICTIONS WITHIN THOSE AREAS WHEREAS, the Kenai River is recognized as a critical natural resource and is very important to the economic well being and quality of life and lifestyle of the Kenai Peninsula Borough and its residents; and `VHEREAS, numerous studies have been completed detailing and inventorying the complexity of the Kenai River; and WHEREAS, the aforementioned studies are unanimous in concluding that restricting land use is necessary to protect and preserve the riparian habitat of the Kenai River; and WHEREAS, the Kenai Peninsula Borough has authority for and is responsible for land use planning within its boundaries; NOW, THEREFORE, BE IT ORDATiYED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That a new chapter 21.18 to the borough code of ordinances be enacted to read: KENAI RIVER HABITAT PROTECTION 21.18.010 Purpose. Establish measures for the protection of Kenai River Salmon spawning and rearing habitat are applied in a consistent manner while recognizing private property rights and providing cities the option to administer the ordinance within their boundaries. It is the intent of this ordinance to avoid duplicating regulations of state, federal, or municipal agencies and to m;n;rn;~e conflicts between-those regulations and this ordinance. 21.18.020 Findings. In enacting this ordinance the assembly finds numerous factors affect the habitat of the Kenai River: Among others these include bank erosion,. bank trampling, pollution,. inadequate tourism infrastructure, unsuccessful attempts to remedy bank erosion or protect and restore habitat,. inconsistent regulations, logging, grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappropriately installed culverts, fuel storage, and Kenai Peninsula Borough Ordinance 96-06 Page 1 of 6 maintenance of existing structures. The assembly finds that the sensitivity of the river area requires general prohibition of activities within an area immediately adjacent to the Kenai River and. only activities which do not damage the habitat should be allowed. The assembly imds that certain activities having minor impact and that existing state, federal and local laws and regulations contain sufficient controls on these activities that fizrther regulation is not currently needed. The assembly further fmds that fuel storage and significant removal of vegetation within the 100-year flood plain along the Kenai River and its tributaries need regulation to protect the Kenai River Salmon habitat. 21.18.030 Periodic Review. As part of its role in comprehensive planning the Planning Department shall prepaze an assessment of the benefits and effectiveness of this chapter every two years. In preparing this evaluation the Planning Commission shall hold at least one public hearing. 21.18.040 Habitat Protection Area Established. There is established a Kenai River Habitat Protection Area within the Kenai River system. Except as otherwise provided in this section, this area includes all lands within ~0 horizontal feet of the Kenai River. This shall be measured from the ordinary high water mark or mean high water line in tidal areas. Where the banks within this fifty-foot area consist of a 60 degree or more cut bank the Habitat Protection Area shall consist of the greater of 50 feet from the river or to a point 25 feet back from the top of the cut bank. 21.18.050 Flood Plain -Restrictions within for Habitat Protection --Permit required - Fuel Storage Tanks and Longing -Conditions. A. No person shall install or replace a fuel storage tank or conduct Logging activities as defined in this section within any t`lood hazard area bordering the Kenai River or any of its tributaries without first obtaining a permit from the borough planning drector. In this section "flood hazard area" means any area designated as such pursuant to KPB 21.06 and shown on the most recent Flood Insurance Rate Maps published by the Federal Emergency Management Agency. B. Application for a permit shall be made to the borough planning department. No permit shall be issued unless the planning director or designee determines that the proposed activity meets the requirements of subsection C of this section. The applicant shall submit site or work plans showing the location of the activity, the proposed means of conducting the activity, and information showing that the proposed activity meets the conditions of this section. C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground_ Cables may be used for anchoring that aze of sufficient strength to prevent the tank from tearing loose if it were to float. while empty. The tank must also be installed within an impervious containment basin of a size sufficient to contain the entire liquid contents of the tank . D. No permit shall be issued for logging unless the borough planning director, or designee, determines the clearing does not result in a cleared area larger than 20 percent of the total area ofthe pazcel provided that clearing for the footprint of a building may exceed this 20 percent limit.. Multiple cleared areas may exist on a parcel but the total of all such areas may not exceed 50 percent of the total area of the pazcel upon which the logging permit is sought. The planning director may also deny a permit upon a determination that the proposed logging will increase runoffand/or erosion to such levels that it may significantly damage the riparian habitat and wetlands within the habitat protection area. E. A decision of the planning director under this section may be appealed to the planning. commission.. The appeal must be filed with the planning director within seven days of the date of Kenai Peninsnla Borough Ordinance 96-ob Page 2 of 6 the decision and state the basis of the appeal. Only the applicant or an affected property owner may appeal a decision. 21.18.060 Prohibited activity within the Protection Area. Within the Habitat Protection Area established by Section 21.18.00 of this chapter, no activity can be conducted except those specifically allowed under KPB 21.18.070, or for which a variance has been issued pursuant to KPB 21.18.080 or allowed as a prior existing use under the provisions of KPB 21.18.090. 21.18.070 Activities not requiring a permit. A. The activities specified in this section may be conducted within the Habitat Protection Area zone without obtaining a permit from the borough under this chapter. This section in no way waives or modifies the necessity of adherence to other provisions of the KPB code, including KPB 21.06 (flood plain management), or requirements of a permit from federal, state or local governments. Conduct of activities listed in this section are expressly conditioned upon obtaining all applicable permits. Conduct of activity without obtaining necessary permits shall be considered a violation of this chapter, subject to the provisions of Section 21.18.110. B. The following activities do not require the issuance of a permit under this chapter: 1. Minor vegetation management (trimming, pruning, or removal of hazardous trees) 2. Private non-commercial recreational uses that do not involve construction, excavation or fill of land 3. Construction, installation, repair and maintenance of Ladders, steps, cantilevered walkways, platforms, docks, and banl: reforestation and protection and maintenance dredging that are regulated by and require a permit from the Alaska Department of Natural Resources, State Parks Division, and the Alaska Department of Fish & Game. The activity must comply with all conditions and regulations imposed on such activity. 21.18.080 Variance. A. An owner may apply for a variance to allow activities which are prohibited within the Habitat Protection Area. Variance requests shall be approved or denied by the Planning Commission. A variance may not. be approved unless it is determined the activity will be conducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Variances are conditioned upon compliance with all applicable federal, state and local laws and regulations. In granting a variance, the Planning Commission may establish such conditions on the devW~:Iopment, use or operation of the activity or facilityfor which the variance is granted as it determines necessary to prevent erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Additionally a variance may not be granted unless the Planning Commission determines that the owner will be deprived of reasonable use of the property without a variance being granted. B. A person seeking a variance must make application to the Borough Planning Departznent. The application shall provide information describing the proposed activity and demonstrate that the activity meets the conditions for variance. The Planning. Commt~cion has no obligation to ascertain whether special conditions~can be developed or imposed unless the applicant has submitted adequate information to demonstrate that the proposed methods or conditions will eliminate the impacts of Kenai Peninsula Borough Ordinance 96-06 Page 3 of 6 the activity within the protection area. If the Planning Commission determines a proposed activity will cause erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution it shall deny a variance for the requested activity. _ 21.18.090 Prior Ezisting uses. Lots, structures and uses of land which were lawful before the effective date of any provision of this chapter, but that would be prohibited or restricted under the terms of this chapter, shall be deemed as prior existing uses. Such prior existing uses may continue until they aze removed but they may not be expanded, enlarged or extended except as provided in this chapter. A. Prior existing Structures. Prior existing structures are subject to the following provisions. 1. No such structure may be enlazged or altered in any way which increases its nonconformity. 2. Should such structures be removed for any reasons for any distance whatever, it shall thereafter conform to the provisions of the district in which it is located after it is moved. 3. Any prior existing structure which is unused, abandoned or vacant for a period of two years or more shall not thereafter be occupied except inconformity with the provisions of this chapter. B. Prior existing uses of structures and land. Prior existing uses are subject to the following provisions: 1. Prior existing uses shall not be enlarged or increased nor extended to include more dwelling units, nor extended to occupy a greater azea of land or structures than was occupied at the effective date of the ordinance codified in this chapter. 2. If no structural expansions of a building or increase in azea of use are made, any prior existing use of a structure, or land, may be changed to another use upon the planning commission finding that the new use is no more objectionable or detrimental than the present usage. In permitting such change, the commission may require appropriate conditions and safeguards in accordance with the provisions of this chapter. Changes allowed under this subsection will be considered as continuation of the prior existing use or structure. C. Other Provisions. 1. Nothing in this chapter shall prevent any change of tenancy, ownership or ' . management of any existing prior existing use. 2_ Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declazed to be unsafe by any official changed with protecting the public safety. 21.18.100 Administration by Cities -Delegation -Legal proceedings. A. The administration and enforcement of this ordinance may be undertaken by a city. B. A city may adopt the standazds established in this chapter or prescribe standazds more stringent than those established in this chapter for the areas of the city within the. habitat protection area.or other areas regulated by this chapter. C. A c$y wishing to administer and enforce this chapter shall enact an ordinance adopting the. provisions of this chapter by reference, providing the. city will undertake. the Kenai Peninsula Borough Ordinance 96-06 Page 4 of 6 administration inconjunction with the administration of land use regulations and building and health codes enacted by the city. Within ~ 0 days of passage of the ordinance the Mayor shall transfer the administration and enforcement to the city. The City may relinquish and transfer the administration and enforcement back to the borough by ordinance, however the transfer shall not take effect until 90 days or the commencement of a new f scat year for the borough, whichever is greater. D. If a city assumes administration of this chapter ,variance determinations shall be made by the city planning commission, or by the city council, as provided by city ordinance. Appeals or legal proceedings taken from actions of the city in administering shall be the sole responsibility of the city. 21.18.1.10 Penalty for violation. For any violation of this chapter the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist , or any other person who maintains any building or premise or conducts an activity in violation of this chapter shall be subject to a civil penalty of 5300. Each day that a violation continues shall be considered a sepazate violation for purposes of imposing the penalty. The provisions of KPB 21.24.020 shall not apply to violations of this chapter. 21.18.120 Conflict with City Land Use Authority or Other Laws or Regulations. To tl'ie extent this chapter may conflict with any previous grant or delegation of land use regulation authority from the borough, such previous delegation of authority is modified or limited so as not to conflict with this chapter. Except as otherwise specifically provided by another provision of this chapter, the restrictions on use of land activity established by this chapter shall be in addition to any other restrictions adopted by any state, federal or local authority having authority to adopt those restrictions. 21.18.130 Administration and Appeals. Applications for permits, variances or determinations under this chapter will be administered in accordance with the provisions of KPB 21.20 governing application, notice and conduct of hearings. Appeals from action taken under this chapter will be handled in accordance with the appeal procedures set forth in KPB 21.20 21.18.140 As used in this chapter: 1. "Cut bank" shall mean banks of the Kenai River with exposed soil surface that have occurred from natural or manmade causes whether the exposed surface extends to the high water mark or not. 2. "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from manmade sources or causes. 3. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels including gasoline, diesel, liquefied natural gas, propane, kerosene and heating oil having a liquid volume of 50 gallons or more. 4. "Ground or water pollution" shall mean the dischazge, application, spread or release of chemicals, toxic materials, fuels, pesticides, fertilizers on or into the soil and waters within the habitat protection area_ 5. "Kenai River's shall mean the main stem of the river from the outlet _ _ of Kenai Lake to the mouth excluding Skilak Lake. 6. "Logging" shall mean removal or cutting down more than 50 trees per acre that have a breast diameter height of 6" or more. Kenai Peninsula Borough Ordinance 96-06 Page 5 of 6 7: "Mean high water line" or "ordinary high water line" shall have the defmition given in 11 AAC 53.900(15) as it currently exists or as it may be renumbered or revised. 8. "Ordinary high water mark" shall have the defuution given in 11 AAC 53.900(23) as it currently exists or as it may be renumbered or revised. 9. "Riparian habitat" shall mean the areas within and adjacent to the river containing spawning and rearing habitat for Salmon or that provide immediate cover or stability for Salmon and eggs at all stages of development. 10. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within the habitat protection area. SECTION 2. That this ordinance shall take effect days after its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF , 1996. Andrew P. Scalzi, Assembly President ATTEST: Gaye J. Vaughan, Borough Clerk Kenai Peninsula Borough Ordinance 96-06 Page 6 of 6 ~ ~ ~-- oa a~ V o to a ~ ~ arc U ~ A6 pNp~~ D n iq ~ C9 ~ O O '~i aD N p7 d z a ~ a ~ v ° ~ o o v ~ a ~ ~ ~ ~ C D m qW p a ~ z ~ °w °~ ~ a°~c o n m 1 I CS c ao x o~ a N o iii a ~ p~ ~ {tii1 ~ ~ ~ C9 W ~ CJ R D / m OD D a ~ z ~c o ~ ~ ~ a v oo z v e4 a ° ~ a a ~ c ~ ~ T D m W v z o°o a ~ a z a~ v a ~ z ~ o ~ m ~ f V p W U 0~0 a ~ z~ a V A~4 z ~ C7 OD ~ C9 R i ~II~ ~~~z ac c r~ V as a z a a~ a N m ~ v ~ ~ ~ a . a a ° ~ c n o o ~ n D m q~ a a ~ z v °m °° ~ ~ a ~ m ~ ~ p ~ 00 Iq ec o a aai ~ ~ M n ~ ~ ~ ~ C7 ~ ~ C R1 ~S ~ ~ ~ ~5`' z as a z a a~ a ~ H a°°+ a w ~ ° cati aaa ~ c°n z C D ~ / ~~ m oa z a ~ a r~ a z N m ~ __ ~~