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HomeMy WebLinkAbout1996-04-24 p&z packetCITY OF KENAI ,Y PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 24, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: April 10, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-24 -Conditional Use Permit -Guide Service Continued from 4/10/96 -Lowe b. PZ96-26 -Rezone -Airport Protection Zone -Schmidt c. PZ96-27 -Conditional Use Permit -Private Primary School - Hershberger d. PZ96-28 -Enhanced 9-1-1 Mapping and Addressing Project 7. NEW BUSINESS: a. PZ96-29 -Landscape/Site Plan Review - Gensel b. Application for Lease -Lot 4, Block 5, Cook Inlet Industrial Park & ROW c. PZ96-30 -Home .Occupational Permit -Child Care - Carlough d. PZ96-31- Home Occupational Permit - SecretariaUBookkeeping Service -Kautz 8. OLD BUSINESS: a. Prime Residential Zone (Christian) 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 2 Agenda April 24, 1996 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action -Herman S/D No. 2 Preliminary Plat b. KPB Notice of Planning Commission Action -Original Townsite of Kenai, J.C. Bookey Addition Preliminary Plat c. Kim Howard letter to Department of Natural Resources -Potential Land Swap and Tom Manninen's memo dated April 16, 1996 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: .-. i CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 24, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: ~~;;~v,,> 2. APPROVAL OF AGENDA: ~,,,,, u-~- 3. APPROVAL OF MINUTES: April 10, 19 ~~~nc~ ~f ~`~ ~~ Ueda 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: ~~ a. PZ96-24 -Conditional Use Permit -.Guide Service Continued from 4/10/96 - Lowe~~`~ b. PZ96-26 -Rezone -Airport Protection Zone - Schmidt, ~~ c. PZ96-27 -Conditional Use Permit -Private Primary School - He~shberger d. PZ96-28 -Enhanced 9-1-1 Mapping and Addressing Project~a 7. NEW BUSINESS: b~ a. PZ96-29 -Landscape/Site Plan Review - Gensel Q~ ~~~ b. Application for Lease -Lot 4, Block 5, Cook Inlet Industrial Park & ROWS' c. PZ96-30 -Home Occupational Permit -Child Care - Carlough, ~ ice. ~ ~ d. PZ96-31- Home Occupational Permit - SecretariaUBookkeeping Service - Kautz d 8. OLD BUSINESS: a. Prime Residential Zone (Christian) 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: ~+~- ~ Planning ~& Zoning Commission Page 2 Agenda April 24, 1996 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action -Herman S/D No. 2 Preliminary Plat b. KPB Notice of Planning Commission Action -Original Townsite of Kenai, J.C. Booke,y Addition Preliminary Plat c. Kiln Howard letter to Department of Natural Resources -Potential Land Swap and Tom Manninen's memo dated April 16, 1996 13. C011~IM1LSSION COMMENTS & QUESTIONS: 14. ADJC~iJRNMENT: CITY OF KENAI ~ PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 10, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 27, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-23-Conditional Use Permit-Marathon Oil Company- Tract A, Kenai Spit Subdivision, No. 2, Kenai ~ b. PZ96-2~-Conditional Use Permit-John R. Lowe-Lot 9, Anglers Acres Subdivision, Part 3, Kenai c. Proposed Halfway House Ordinance 7. NEW BUSINESS: a. PZ96-25-Landscape/Site Plan Review-McAloon & Albertson-Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) b. Sign code in Townsite Historic District S. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) b. Enhanced 9-1-1 Mapping and Addressing Project 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: CITY OF KENAI PLANNING AND ZONING COMMISSION April 10, 1996 Minutes Meeting called to order at approximately 7:25 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Kevin Walker Others Present: City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: RON GOECKE RECOMMENDED APPROVAL OF THE AGENDA AS SUBMITTED WITH THE ADDITIONAL LETTER THAT WAS HANDED OUT INCLUDED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CARL GLICK. NO ONE OPPOSED UNANIMOUS CONSENT. AGENDA '! APPROVED. 3. APPROVAL OF MINUTES: March 27, 1996 RON GOECKE RECOMMENDED APPROVAL OF THE MINUTES OF MEETING OF MARCH 27, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CARL GLICK. Chairman Walker asked for amendments or corrections. None noted. NO ONE .OPPOSED UNANIMOUS CONSENT. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-23-Conditional Use Permit-Marathon Oil Company- Tract A, Kenai Spit Subdivision, No. 2, Kenai CARL GLICK MOVED FOR APPROVAL OF PZ96-23, CONDITIONAL USE PERMIT FOR MARATHON OIL COMPANY. MOTION SECONDED BY KAREN MAHURIN. Chairman Walker asked for additional staff comments. La Shot reported nothing additional. Public Hearing Michael Christian, 613 Maple Drive, Kenai-Asked if someone could explain where the subdivision is. Walker asked Mr. Penn of Marathon Oil to show it on the map. Mr. Penn showed Tract A on the map and pointed out Cannery Road off K-Beach Road. Mr. Christian asked if that was where the well would be. Mr. Penn advised yes. Mr. Penn advised that there was one well drilled from this location. There are two heater- treater buildings, and an office building there. Mr. Penn, Marathon Oil Representative- Penn advised this permit is the first step in a long permitting process. Penn advised he is the person to call if there are any questions. Bryson asked if there is any discharge proposed onsite? Penn stated of muds and cuttings no. There will be air emissions but the muds, cuttings, and water will be taken to the Kenai Gas Field which is just to the south. There is an approved disposal well at that site, actually two. One for water and one for muds, cuttings, and drilling fluids. Any waste water from domestic use will be taken away by Town and Country Pumping. Bryson asked if the cuttings and mud will be contained in a water proof container. Penn explained that there will be steel tanks for transport to the Kenai Gas Field. Walker asked Mr. Penn to explain the difference in today's mud systems versus the old open pit systems. Penn stated basically it is a closed system that reuses and circulates the mud system. It cleans out any of the debris or additives that might have been put in. It is essentially a closed system reusing the drilling mud itself goes down the hole and is circulated. It helps to lubricate the hole for drilling and moving the rock and fragments up. It also helps as far as a pressure protestant when you are drilling the hole so if you have high pressure gas or oil it doesn't blow out. They used to use mud pits. Penn commented that he felt a lot of the legacy and problems on the Kenai had to do with mud pits and mud was just discharged into a mud pit when it was used and in most cases covered over and left. Penn stated it rarely happens now but can happen with DEC approval to allow to discharge muds and leave them in a mud pit. It would take a special kind of mud and a DEC permit. Bryson asked if the drilling area was inside an existing fenced area. Penn responded yes. Planning & Zoning Commission Page 2 Minutes April 10, 1996 Booth asked is there was a potential for odor problems as result of the air emissions. Booth asked Penn to explain what kind of emission he was talking about. Penn stated in this case it will be engine exhaust from the engines that power the drilling rig, diesel engines primarily. Penn stated that since this is a development well in a known field, he doesn't anticipate any flaring to determine the productive limits or the economic limits of it. It can be hooked right up to the existing pipeline. Thus, there should be a need to flare gas. Penn stated the emissions would primarily be from burning of fuels for power. Booth stated he had flew over the area and looked at the road, etc. Booth asked if moving the rig in would cause traffic problems with the canneries? Penn stated they don't anticipate it will for a number of reasons. One, the timing which they plan to start after September and before New Years to miss the summer activity. Second, they can time the transportation so it creates as little a traffic problem as possible. Penn commented that they moved a rig further south near Clam Gulch and did it in such a fashion, one or two loads a day, there wasn't any appreciable traffic problem. Booth asked if this rig was required to have an Air Quality Permit from the ADEC. Penn answered yes. Penn added they have submitted their applications to the Division of Government Coordination who will oversee the coastal zone consistency determination. The DEC will look at air quality. The Division of Water will look at a temporary water use permit. There is a well there but they will appropriate water to use. Glick stated that on the map it shows a sump pit and questioned if it was old and wouldn't be used this time? Penn stated yes it was there from the first well that was drilled, the Cannery Loop No. 1 in possibly 1972. Penn stated it was drilled and never completed. Glick said it shows where you will drill No. 5 but on each side it shows 50 foot spacings for wells. Glick asked if they were there? Penn stated they are future wells. The map shows that if the field is big enough and they can drill enough wells, there is enough room to drill on 50 foot spacings. Penn stated he believes the well head that is there now is just to the left of the where the map says CLU No. 5 and has the square with a circle in the center. Werner-Quade commented that the company letterhead says they are environmentally aware and was curious if the company is a member of Green Star. Penn answered yes they are in Anchorage but unsure about Kenai. Walker asked if there were any plans to remove the sump pit that is on the site. Penn stated the environmental department is investigating the evolving regulations for mud pit closure in the state now. Penn stated they became operator in January 1, 1995 and ~ Planning & Zoning Commission Page 3 Minutes April 10, 1996 they are taking over where UNOCAL left off as far as the investigation or any environmental work that was done. Penn stated he knew they were investigating how to close the pit, what to do with it, and where to take it. Penn stated he didn't know about the timing. Booth asked how long the rig would be onsite. Penn stated it will probably take 4-6 weeks to drill, another week or so to do logs, and then completion of the intervals. It could take two months and. if problems a little longer. Penn stated it is a directional well and there tends to be problems drilling and getting stuck. Two to three months at the longest. Public Hearing Closed. Bryson asked La Shot on the prior approval for the sump pit if there were any requirements concerning it's removal. La Shot stated he didn't remember and would have to check into it. VOTE: GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES APPROVED. b. PZ96-24-Conditional Use Permit~Tohn R. Lowe-Lot 9, Anglers Acres Subdivision, Part 3, Kenai BRYSON MOVED TO APPROVED PZ96-24. MOTION SECONDED BY MAHURIN. La Shot stated no additional staff comments Public Hearing Opened: None. Public Hearing Closed. Goecke asked if this was an after-the-fact Conditional Use Permit? La Shot stated he had no way to tell that but he thinks it could be. Planning & Zoning Commission Page 4 Minutes April 10, 1996 Glick stated he would like to amend to say that no more than two boats at a time are allowed to be docked there. Glick stated that he thought they had done that in the past at Beaver Creek and limited the number of guide boats that are allowed to dock at any one time. La Shot stated there had been some limitations. La Shot stated that it is his understanding that Mr. Lowe lives there and has guided in the past. La Shot stated he doesn't know if his boats were tied up to his property or not. La Shot noted that next door Lowe's son has an operation. La Shot stated that Lowe had specifically been asked if he was going to rent any room in his house and he said he didn't want to do that and didn't want that to be a part of the permit. Evidently, it is just for the guiding and tying up the boats. Walker noted the Commission was waiting for a second on the amendment. No second on the amendment. Goecke stated he is reasonably certain that this is an after-the-fact type thing and there is more than three boats or at least three boats tied there. So, the two would have created a bit of a problem for Mr. Lowe. Glick stated he did recall that they had limited the number and asked if it was two or three that were allowed. La Shot stated he couldn't say but could research it. Bryson stated he does not recall as to a boat limitation on previous action; however, does feel if they are going to restrict it, Mr. Lowe should be given a chance to comment on that prior to formalization. Bryson asked if Mr. Lowe indicated a schedule that required approval at this meeting. La Shot stated it could be clarified and brought back or continued if the Commission so desired. La Shot noted that the guiding season won't start until next month. Bryson asked if he felt this was just going to go through as is. Bryson stated he was wondering why he wasn't here given his prior record. La Shot stated he is not sure why he didn't come. Goecke stated the amendment died for lack of a second so the boat limitation is a moot point. Walker noted there was still discussion. Werner-Quade asked for clarification as to who the two Conditional Use Permits on Lot 17 and Lot 8 were granted to? La Shot stated it this was the father. Werner-Quade commented so they live next door to each other and can have up to 15 boats tied up at any one time. La Shot stated he couldn't say. Werner-Quade stated that maybe imposing a boat limitation wouldn't be a bad idea but need to check with the father first to see how many boats his father is planning to tie up. La Shot stated he didn't feel the commission had ever come up with a number that they have considered to be appropriate for any one lot. There has been times that a boat limitation has been placed in the permit and it went right on through. And, La Shot stated he is sure that Planning & Zoning Commission Page 5 Minutes April 10, 1996 it has come up in discussion of a couple permits. La Shot stated he could investigate and ask Mr. Lowe. CLICK MOVED TO TABLE TO THE NEXT MEETING. SECONDED BY MAHURIN. Walker clarified if Glick wished to table the item or continue it to the next meeting. Bryson noted this is a public hearing item and would support a continuation or a postponement. Walker noted that the maker of the motion would change the motion to a postponement to the next meeting. VOTE: BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES CLICK YES WALKER NO POSTPONEMENT APPROVED. c. Proposed Halfway House Ordinance MAHURIN MOVED THAT IN ADDITION TO CITY ORDINANCE 14.20.325 HALFWAY HOUSES AS SUBMITTED; HOWEVER TO INCLUDE ITEM D, "A HALFWAY HOUSE MAY NOT BE LOCATED WITHIN ONE MILE OF A PRE- EXISTING PUBLIC OR LICENSED PRIVATE SCHOOL, APRE-EXISTING LICENSED OR ADULT DAY CARE FACILITY, OR 1000 FEET FROM AN ALCOHOL BEVERAGE DISPENSING OR PACKAGE STORE." MOTION SECONDED BY BRYSON FOR PURPOSES OF DISCUSSION. Walker asked for additional staff comment. La Shot stated nothing additional noting this was put together by the attorney by request. Public Hearing Opened: Barbara Nord-Stated she just had a question and wanted to look at the zoning map and see where there were light industrial, heavy industrial, and general commercial, and central commercial zones. Walker advised to proceed. Nord commented that after reviewing the zoning map that because this would be under a Conditional Use Permit to have a halfway house she would like to know what the Commission would be using for requirements for conditional. Nord stated she can see that in some of the general commercial area is close to dense residential areas. Nord, pointing to the map, stated this area on Beaver Loop, this area in Valhalla Heights, and Planning & Zoning Commission Page 6 Minutes April 10, 1996 the area here (not sure where she pointed). Nord asked again what kind of conditions the Commission would place on a Conditional Use Permit. Walker stated he would answer as best he could. Each Commission that addresses it will have certain conditions that are the concerns that are addressed by the neighborhoods and the concerns that each individual at the Commission would have as well as whatever legal concerns may be addressed as in following codes and supporting or not supporting certain things. Walker stated from a personal standpoint the only place he would support approval of a Conditional Use Permit for a halfway house in the City of Kenai is adjacent to Wildwood. Walker stated that is how he feels at this point in time unless something was to change his mind. Nord asked if that was Walker as the. Chairman. Walker stated that is his personal opinion and there are seven members of the board and many people of the public and if substantial evidence was brought in to convince neighborhoods to accept it, he would accept it. Walker added he has yet to see one neighborhood in this town that wanted a halfway house in their back yard. Nord stated that is true and she agrees that is the consensus of this community, that they don't want it in their back yard. It doesn't matter where you are and it doesn't have to be just in this town. It can be any place on this peninsula. Nord stated she hasn't seen very many people who do care to have this in their own back yard. Nord stated she believes there is a need for a halfway house and that there needs to be a place to put it. Supporting near Wildwood may be a good idea with the exception of Chuda House being there and there are elderly people in that area. Usually by the time people get to a halfway house, they have done their time and they need some place to be able to get to a point where they can get from where they were to where they should be back in society. Nord reiterated that she agrees with the proposed ordinance. Bryson asked if Chuda House is on Wildwood or in the city. Nord stated it is right behind Wildwood Prison and the only thing that separates the house and prison is a fence. Nord stated the only way you used to get to Chuda House was through Wildwood Drive. Bryson stated it is on Wildwood property as opposed to being in the city. Nord stated it is not actually on Wildwood property and showed where it was on the map. La Shot stated the new road, Morgan Road, comes in just north of Chuda House. Public Hearing Closed. Mahurin stated that as the maker of the motion and with the amendment she is supporting it for many reasons. Mahurin stated she has been an active opponent to halfway houses in residential neighborhoods before this Commission before becoming a member of the board. However, Mahurin noted she believes in the concept of halfway houses, believes with the comments of the speaker that they are designed for the residents of Kenai. Mahurin stated she appreciated Mr. Singree when his testimony came before the board as to why he withdrew his application. As a commission _ member, Mahurin stated she wished she could have put an ad in the paper saying Planning & Zoning Commission Page 7 Minutes April 10, 1996 please support his business because she felt he had the interest of the City of Kenai before his monetary advantages. Mahurin stated she believes there needs to be some sort of permissive language in an ordinance to let the city do that. But, by saying that it is a Conditional Use Permit, that means that it has to be approved. It is not permitted until approved so they always have that right and the public hearing. The Borough is in the process of establishing an ordinance. Mahurin stated she had looked at the language and the Matsu ordinance. Mahurin noted that the amendment that she added onto it, part D, did come from Mr. Gensel who has also supported the concept. Mahurin stated she thinks they would be giving a potential permit in an acceptable area and are covering by adding in where it may not go, pre-existing children and adult day cares and liquor store, bars, and places like that. Mahurin stated she thinks they have to allow for that type of facility but keep control. Mahurin stated she sees this ordinance as a way of doing that. Werner-Quade noted the amendment that Mahurin made can be found on page 5 of 12 in the back of the packet tonight in the Matsu ordinance. Werner-Quade commented she thought it was an excellent thing to add into this ordinance and actually is surprised that a lot more wasn't picked up and added in. Werner-Quade commented that what was submitted to the Commission from the city attorney is a half page in comparison with Matsu's ordinance of 12 pages. Maybe some things are being overlooked; however, the amendment certainly covers where it cannot be. Werner- Quade added she thought that was really important. Mahurin stated she was the one who had made the motion and requested that a public hearing be held before taking a position and with all the controversy going on she is amazed that the room isn't full like in the past. Obviously, the language that is being proposed is acceptable to the public or they are trusting the board and that scares me. Mahurin reiterated she is surprised that there are not more comments. Bryson stated that his personal opinion runs counter to how he intends to vote, the people in the city have largely indicated that they didn't want a halfway house in close proximity to either school facilities or where they were. And, for that reason will be voting against the ordinance itself. In trying to conform the map from across the table to a one mile radius from any schools and a 1000 feet from places where alcohol are sold, Bryson stated he didn't see many areas that would be usable. Certainly, nothing from the north of town through the central area. That leaves the area out in the bog which is more than a mile from Swires and East Kenai. Bryson restated his intent to vote against the ordinance. Werner-Quade stated she would like to see more in the ordinance drawing attention to page 11 and 12, No. 1 to have added in the ordinance at the onset. Werner-Quade read, "a pattern of crimes committed by residents of a permitted facility which are determined by the Planning Commission to create an unreasonable degree of risk to public safety may be grounds for revocation of a permit." Werner-Quade stated she Planning & Zoning Commission Page 8 Minutes April 10, 1996 brought this information in because of some of the public testimony that had been heard. One from a person who worked at Wildwood and said she had been around for a long time and they tell you one thing and then 6 to 10 months later down the road, something shifts and people are being lodged at Wildwood Correctional Facility that would have never been lodged there in the beginning.. Continuing, stated she has the same concerns that some of the general public had about that these will only be DWI offenders. Then, over a period of time things seem to shift according to the needs of the correctional facility and not necessarily the needs of the surrounding community. Glick asked for a clarification on the amendment as to whether it was one mile or a half a mile. Mahurin stated one mile. Glick asked if it was 1000 feet or 750. Mahurin stated 1000 feet. Glick commented that based on that there isn't much area in the city that could be built so probably your concerns are mute. Booth stated addressing the comment regarding DWI's only that he recalled in the presentation by Department of Corrections that one of the questions answered stated it would not strictly be DWI's but the whole spectrum of people. Booth added that that was part of the reason the owner of the Merit Inn withdrew his application was because he could not be assured that all of the people would be DWI's or something of that nature. On a second note, Booth stated that he agrees with Mr. Bryson that a one mile radius restricts the areas that a halfway house could be placed. Booth stated that he didn't know if you put it out by Wildwood that it wouldn't violate the one mile restriction. Walker clarified that Wildwood was not in the city limits. Booth stated the question is, is it a mile? Walker stated the city would not have jurisdiction over that. Bryson commented that Borough requirements would govern in that area. Booth stated he was trying to address the comment that "out by Wildwood" is where you would support putting it. Walker stated outside of the city. Walker called for vote on the amendment to the halfway house ordinance. Mahurin clarified that her motion was for the entire ordinance. Walker stated there was not an a through d. Mahurin stated she made her motion to include a "d," which she specified. Discussion of whether or not this was the correct procedure. Decision made to continue with motion as made. VOTE: WERNER-QUADE YES BOOTH NO GLICK NO WALKER NO GOECKE MAHURIN BRYSON NO YES NO MOTION FAILS. Planning & Zoning Commission Minutes Page 9 April 10, 1996 MAHURIN MOVED THAT ADDITION TO THE CITY CODE 14.20.325 AS SUBMITTED BY THE CITY COUNCIL A, B, AND C. MOTION SECONDED BY BRYSON. Walker asked for additional staff comment. La Shot stated none. Public Hearing: None. Public Hearing Closed. Mahurin stated her intent is to vote no. Mahurin asked that the minutes carefully reflect that there was an attempt made to provide for a halfway house that protected citizens and existing facilities. Mahurin stated that since it is going to go on there, she would like her vote to reflect no since she does not feel this is offering that protection. VOTE: GOECKE YES MAHURIN NO BRYSON NO WALKER NO BOOTH GLICK WERNER-QUADE NO YES YES MOTION FAILED. 7. NEW BUSINESS: a. PZ96-25-Landscape/Site Plan Review-McAloon & Albertson-Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) MAHURIN MOVED FOR APPROVAL OF PZ96-25. MOTION SECONDED BY BRYSON. Walker asked for additional staff comment. La Shot stated nothing additional. Walker asked if anyone in the public wished to speak to the item. None noted. Walker brought back to the commission. Bryson asked administration if the applicant was aware that there is no water and sewer on that side of the lot and questioned if they proposed to run a dry operation. La Shot stated that had never really came up and he didn't know if it would be a completely self-contained operation. La Shot stated they would make sure they were aware of that. Kebschull advised that the applicants had discussed the issue with the Building Official. Planning & Zoning Commission Page 10 Minutes April 10, 1996 ,~ Mahurin stated she was a little uncomfortable with this type of a business as it reminds her of the Burger Bus and a few other places. This is also on skids, coming in, setting up on a parking lot. Mahurin stated she has visions of the intersection in Soldotna where the Sizzler used to be with all the temporary businesses. Mahurin stated her inclination is to vote no but would like to her other Commission members on this. Mahurin stated that she also feels if there is one portable espresso business, there is a dozen.. Walker responded there is one. Bryson stated there is one less in Old Town. Walker commented that there are espresso booths all over Anchorage and all over in the states. Mahurin stated she lives in Kenai and Walker responded that is true but Kenai has to grow. Booth stated he was curious as to what self-contained for the most part means. La Shot stated his comment was whether there would actually have to be hook ups to the utilities. But, he feels that has been discussed with the building official so staff will make sure they are either self-contained or have proper hook up. La Shot stated he would like. to make one more comment. The use is appropriate for this zone and there was some question as to whether this review even needed to take place because of the limitation of $10,000. This is a small structure. Administration decided to bring it to Commission even if close to that figure because we didn't want it to seem like anyone was doing anything without fulfilling the process. La Shot added he is not sure what would happen if the Landscaping/Site Plan Review. Goecke stated he was in fact surprised that this was in the packet being it is in a commercial zone, and a permitted use. Goecke stated he felt it did not need to be in the packet. Goecke added that he has no problem with it. Booth asked La Shot where the business would be located and questioned if it would be near the property line and obstruct the view as people were driving up and down Willow. La Shot stated as facing the Merit Inn just to the right in line with the structure on the right and then there is Alyeska next door. Bryson added where the paper dumpster is now. La Shot stated they have indicated it will be at least 20 feet back from the front property edge and that isn't Willow Street. Willow Street may be another 20 to 40 feet further. Booth noted he had been concerned it might be too far out and obstruct the vision of people turning in and out of Alyeska. Mahurin stated she didn't mean to be difficult but noted she had been in negotiations all day but to call it a Landscaping/Site Plan and note all aspects as not applicable, she finds it a little difficult. It is an asphalt parking lot. Planning & Zoning Commission Page 1 1 Minutes April 10, 1996 VOTE: BOOTH YES MAHURIN NO GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES WALKER YES MOTION PASSED. b. Sign code in Townsite Historic District Bryson asked administration what they are proposing other than it has problems. Walker asked La Shot if he would comment. La Shot stated the Commission has the attorney's comments and the general feeling is it is not definitive enough. The city would not want to get in a situation of having a group judgment of a sign that would be placed in this zone without having definite guidelines in the code. La Shot stated no where does it mention true size. Instead, it talks about what can be on the sign, if a business, the principal use within a building. La Shot stated he assumes if it was a restaurant you could only say restaurant/cafe. Nothing about what is being sold within the business. Bryson asked if the administration would be bringing back something they felt would be defendable. La Shot stated if asked to do so, he would. La Shot asked for Kebschull to comment as she had been at the meeting. Kebschull commented that as was mentioned at the last meeting it was the TSH Boards' concern with the cabins going in that they wanted to expedite a code. They felt that if they put together anything and sent it through, it would start the process. At that meeting they were told that it was felt it was too subjective. Kebschull added that she felt they were hoping to get feedback and their intent was at that meeting was to get feedback from the P&Z Commission. They meet the night before the next P&Z meeting and they were hoping to come up with another ordinance and present it to you at that next meeting. Kebschull noted she didn't know if they could do that within those time lines as it wouldn't fit with being on the agenda as it couldn't be advertised and we wouldn't have copies for people to access. Kebschull reiterated that was the TSH Board's intent. Bryson asked if it would be appropriate to make a motion recommending that administration bring back a sample ordinance. Walker stated he felt it would be appropriate. BRYSON SO MOVED. MOTION SECONDED BY GLICK. Planning & Zoning Commission Page 12 Minutes April 10, 1996 Walker asked if staff would like to comment. La Shot stated they would try to put together a document. Walker asked if anyone in the public would like to address this topic. Glick stated he would ask staff to work with the TSH Board with they develop the code as it is developed. La Shot asked when there next meeting was. Kebschull responded 4/23/96. Walker stated he would like to add that caution should be used in stating in the ordinance that the sign should be reviewed for historic correctness, scale and character in keeping with the historic district. Walker commented he has trouble figuring out a sign that would have historic correctness to sell hamburgers or any number of things that could go on in that zone. Historic correctness on a sign may be difficult and very open to interpretation. Bryson commented in 1910 that may be the width of the building. Mahurin asked Glick if the motion is saying that we are asking the administration to work with the TSH Board to revamp an ordinance and bring something more palatable. Glick stated he had seconded Bryson's motion but he didn't add to the motion legally. Instead, he had just asked La Shot to do that. Bryson stated his intent is that the `~ administration use whatever resources are. appropriate and definitely feel the TSH ~' Board is one of those basic resources. MAHURIN AMENDED. MOTION TO HAVE IT SPECIFICALLY SPELLED OUT THAT THE ADMINISTRATION WILL. WORK WITH THE TSH BOARD AS EXPEDITIOUSLY AS POSSIBLE. MAHURIN NOTED THAT SHE UNDERSTANDS WHAT THE TSH BOARD IS TRYING TO DO BUT WANTS TO MAKE SURE THAT THEY ARE INCLUDED IN THIS PROCESS. BRYSON SECONDED THE MOTION. Walker asked for staff comment on this amendment. La Shot stated no. Walker asked for public comment; none noted. Walker commented he will not support this amendment stating he believes staff would do this expeditiously anyway and feels the Commission should follow the normal chain of events. Walker stated he is not particularly interested in expediting a sign ordinance in TSH zone versus anywhere else in town. The sign ordinance city-wide needs addressing. Walker stated he felt everyone was aware of that and to address it first in TSH zone or to give that priority and to not put the remainder of the sign ordinance on the docket he thinks is unfair. Planning & Zoning Commission Page 13 Minutes April 10, 1996 Werner-Quade stated she will support the amendment noting she feels TSH Board works really hard to get the few things done that they are able to do due to the fact that it is very hard for them to even have a quorum on many nights. Werner-Quade stated she is aware of a lot of the trouble of the TSH Board has had and can see the need for this type of an ordinance and can see the need for it to be done expeditiously and will support the amendment. Mahurin stated the sign ordinance was discussed at last meeting because there was one on the agenda; however, TSH zone is a very minute part of town as the P&Z Commission rezoned it. It is a unique part of the town's history and culture. It does require, in her opinion, a different type of sign, not just on buildings but on several other types of historical signs, street signs, etc. Mahurin stated when she was on the TSH Board some of the plans that we hoped would come to fruition for the area. Mahurin stated she also thought that they have never been faced before with a major commercial undertaking like is going in there. Though, being in favor of that and it was approved by this board, it is raising some questions that haven't had time to be considered. Thus, stated she understands the need to try to bring something along. Mahurin stated she agrees with the Board that what came before them tonight had a lot of problems so is hoping that the amendment to work with the TSH Board will bring this about. Booth asked if there was an estimate of the timeline for this requirement or an urgency of this or if the TSH Board is working against the wall on something. Walker stated that if the TSH Board works on it at their next meeting. Then that would mean the P&Z would work on it at the meeting after next and perhaps approve it at the subsequent meeting after that and then send it to council for an ordinance change. They would have to introduce it and then on a subsequent meeting they could pass it. Walker stated he felt they were looking at 90 days minimum or even 120 days provided it doesn't come up for reconsideration at any of these bodies. Booth stated his question is if the TSH Board was against a deadline for addressing this rapidly. Walker stated they may feel some urgency in as much as trying to stop somebody from doing something that is already in process. Mahurin stated to piggyback on Mr. Booth, there is a concern that the TSH Board wants to see a development like that. Some of the people involved, based on their past experience with coming before this board, have put large things upon their property, being buildings or other things. Mahurin stated she felt they were trying to possibly avert some abuse. Their intent is to be positive. Goecke stated he thought they were putting a lot of credence in what the TSH Board is saying. The TSH Board when it was in it's infancy could not come up with any definitive plan. Goecke stated he does not know how many of the original members of that board are even still on that board and thinks this may be a typical knee-jerk by a couple of people that are against anything that may happen in that area. Goecke stated Planning & Zoning Commission Page 14 Minutes April 10, 1996 he has a real problem with this. Do we tell staff that they must do this as expeditiously as possible? Goecke stated he didn't think so, they will not put in on the back burner. Let's let them work on it and bring it back. Goecke stated to instruct them that they have to fast track it, he doesn't buy. Werner-Quade stated she understood the amendment and didn't think it was unfavorable to staff in anyway. She felt it was favorable to TSH Board. They have a goal. They wish to accomplish it and they would like this to happen before summer. Werner-Quade held up a picture and asked if anyone remembered them. She explained they were the Vozar stand in Old Town. Werner-Quade stated she had saved the pictures for a good reason and that is that Mr. Vozar came before P&Z with a building that was double the size that it was originally intended to be. TSH Board has a lot of responsibility and maybe this is the only way that they know to get this through. Werner-Quade stated that she didn't feel that they should be in any way made to suffer for that and thinks that as a Commission that reviews TSH that they should be as user friendly and helpful as possible. Especially, given some of the history in the area. Walker stated that they should also remember that they had required the aforementioned parties to come in for a permit to put artwork in their yard as a structure. Walker commented that he still didn't consider a Beluga whale a structure. Walker asked for amendment to be read and Kebschull stated she couldn't decipher the notes. Walker asked Mahurin to restate the motion. Mahurin stated she recalled to request that the city administration work with. TSH Board as expeditiously as possible to come up with an ordinance to bring back to the P&Z Commission. Walker asked if the second concurred and Bryson stated yes. VOTE: MAHURIN BRYSON GOECKE WALKER YES GLICK YES WERNER-QUADE NO BOOTH NO NO YES NO AMENDMENT b'AILS. Walker asked if there was discussion on the main motion. Mahurin asked for motion to be repeated.. Kebschull read the main motion, "Bryson asked if it would be apl~ ~°opriate to recommend administration to bring back a sample ordinance. Mr. Walker stated yes and Bryson moved to do so." Walker asked if the second concurred and Glick agreed. Walker asked for any further discussion. Walker commented that at times the wheels of government do move slowly but they do _ move forward. Planning & Zoning Commission Page 15 Minutes April 10, 1996 VOTE: CLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES MOTION PASSED. 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) Kebschull advised the Commission that 8a was the information provided for the work session. Walker stated that prior to asking for a motion would like to ask staff why this item was on the agenda. La Shot stated that it was on the agenda in case any action was needed to be taken on the work session. Kebschull added that staff needs direction as to what steps to take. Walker stated they are reviewing the work session and would open the item to the Commission as to direct staff. CLICK MOVED THAT STAFF BE ASKED TO FOLLOWUP ON WHAT WAS DISCUSSED IN THE WORKSHOP WITH THE PROPOSED RESIDENTIAL ZONE AND BRING BACK A PROPOSAL WITH THOSE ITEMS INCORPORATED. MOTION SECONDED BY MAIiURIN. Walker asked for staff comment. La Shot stated no. Walker asked Mr. Christian if he had comments. Christian stated there were a number of items that were in the original proposal that did not show up in the staff report. Christian stated he didn't know if they had been addressed. Walker asked Mr. Christian to approach the microphone. Michael Christian-Stated he did not sure if all the development requirements that were in the original proposal were addressed in the staff report and wanted to make sure that they were also reviewed and that they weren't left out of consideration. Christian listed: Lot size came up but there was no consensus.; connect with sewer and water; underground utilities; streets would be paved with gutters; should be at least two street accesses to each subdivision rather than a single one that could cause trouble in an emergency; the preservation of at least 35 percent of mature trees on lot or landscaping if there are no trees to begin with; paved accesses to each lot; street Planning & Zoning Commission Page 16 Minutes April 10, 1996 lighting with overlapping beams; to not allow any vegetation to be buried on the property; and equipment storage not being allowed. Walker asked Christian regarding the 35 percent of mature trees how would this be possible with the spruce beetle infestation. Christian stated that is why they put in the landscaping provision. Bryson stated that he thought administration had reasons for not including them on the draft that was brought back and would request that at the next meeting they could address those item by item with rationale as to why they were excluded. Werner-Quade stated it was her understanding there would be a cost breakdown associated with some of these items and that a number of these would be costs passed onto the developer. Bryson commented that in the past in the Kenai area when you have a lot that is extremely expensive it has had some attribute that justified the cost that the owner would spend for it. Usually along the bluff in proximity to view properties and these are proposed to not be that situation. Bryson stated he feels that they are creating a lot requirements that are so expensive that the type of person that can afford a custom house is not going to live in them. They will go to the bluff. It is a pretty exclusive person who would be able to buy a house like this. Booth stated he would like to address Bryson's comments. Stated he felt Bryson had a point; however, this ordinance could be instituted on the bluff. For example on Toyon Way there was a large house built there and then it was sold. Then, a duplex was built on the right side and a small home on the left side. Personally, he thought there was a cost difference between those two homes and it lowered the value of the large home and raised the value of the small homes. Booth stated he thought that this was one of the things this ordinance is trying to prevent. Walker asked for motion to be read and Kebschull read the motion. VOTE: BRYSON YES GOECKE YES MAHURIN YES WALKER YES WERNER-QUADE BOOTH GLICK YES YE5 YES MOTION PASSED. Bryson requested that administration address the items that Mr. Christian listed in his public testimony and address them at the next meeting. Walker stated La Shot ~ _- confirmed this request. j Planning & Zoning Commission Page 17 Minutes April 10, 1996 b. Enhanced 9-1-1 Mapping and Addressing Project Walker stated there was a list and staff was asking for comments. Bryson asked if the recommended official names were the names that the city is presently utilizing. La Shot stated not necessarily. La Shot stated the first column is what is on the city address map and generally what the post office is using for names. The second column is the official name as the borough recognizes. The next is other alias names that could be used. Some of those may be what is on the sign. Any one of those could be on the actual street sign and the Street Department is checking that now. There will be a number of changes no matter what is done. Bryson stated Item 18, the recommended name doesn't have a tag. Bryson asked Item 48, what was proposed? Walker questioned Item 24, are you proposing any names? La Shot stated that is not a platted right of way and is on private property and is not sure why it is on the list. La Shot stated it is not one the city can recognize or name. La Shot stated the staff will clean up items for the public hearing and that there is no action that needs to be taken tonight. La Shot stated that as other comments are received those changes may need to be made. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council No council member available as at the budget work session. Minutes are in the packet. b. Borough Planning Bryson stated the agenda is in the packet. At the meeting Monday night Items H-3 addressed items within the City of Kenai regarding sale of certain lands obtained by the Borough. There were lands within the city and they have proposed borough classifications. Those are addressed by list as 12-A. One plat was considered within the city. That was the Original Townsite of Kenai which was elimination of a lot line which was approved. Planning & Zoning Commission Page 18 Minutes April 10, 1996 ' c. Administration La Shot commented that in regards to code enforcement, the situation at First and Birch the people have been spoken. They still deny operating a business from their property or storing junk cars. They are well aware of the community's feelings regarding the situation, they have copies of the code, and they have done some cleaning up of the property last weekend. They said they will try to keep it looking better and tone down the activity that has been going on there. Walker stated they are in fact operating a business out of there. La Shot stated they denied that. Walker stated he has personal knowledge on that. La Shot asked if he had proof. Kebschull advised that Carol Freas, City Clerk, asked everyone to remember their conflict of interest forms which are due by April 15th and that she would not be at the next meeting. 11. PERSONS PRESENT NOT SCHEDULED: Michael Christian, 613 Maple Drive-Stated he had a question about the Mapco sign article in the paper. The question was the threat to use the building as a sign and wondered if there is any way the commission could address that as a problem in the future. Christian stated he was concerned as they had gone through a process and been turned down and now they are threatening to find a loop hole. Booth stated he did understand that Mapco did do that in Juneau when they moved in. Juneau had sign restricts and so they built an oversized building so they could get a two story Mapco sign. Booth noted he has not seen this first hand. Walker asked La Shot if the business was outside of the Landscaping/Site Plan as presented to this body, could it be brought up for review. La Shot stated that could be done. He added that he thought Mr. Christian was alluding to the fact if they could do something with signage on the building that is not covered by the sign code to circumvent the permit. They could. The city's sign code on regulates free standing signs. Wall marquee and roof signs are not covered. Walker stated he was under the impression that most of the zones that signs are placed on a house are in fact regulated. Christian stated he had read in the paper regarding the logging the city had proposed and there were no bids. Christian stated there were quotes from the city that they may reduce the requirements to get this logged. First, Christian asked where it is and also the comment that there may be a loosening of the restrictions on how the trees may be removed. La Shot stated the property is Denaina Point Estates which is bluff property between _.. the bluff and the highway in Section 36. The logging was merely for clearing of right of Planning & Zoning Commission Page 19 Minutes April 10, 1996 ways and removal of bug infested trees. The loggers involved felt the restrictions were not economical. What the Public Works Director meant by loosening the restrictions, La Shot stated he was not sure what will be proposed. Christian asked if these were public access right of ways. La Shot stated they are platted right of ways and noted they could be seen on the map noting that not all of the area is owned by the city. This will only involve city-owned property. Bryson questioned how they came up with the 50 some acres rather than 4 or 5. Is that the gross area? La Shot stated that is what the city owns including right of ways and actual parcels. The only trees to be logged on the parcels on the bugged, dead, and dying. Restrictions were that stumps would be cut off level with the ground or pulled and all waste material be hauled away and not burning. These were felt too restrictive. Normally, it is common to burn onsite and it is not common to pull stumps. It could be common to cut off near ground level. Pulling stumps and burning probably will not make a logging operation viable. 12. INFORMATION ITEMS: a. Resolution 96-28, Classification of KPB land within the City of Kenai b. Kenai River Special Management Area Advisory Board Minutes (3/7/96) c. Schmidt Petition to Amend City Zoning Boundaries d. Matsu Borough Ordinances Information Walker asked if any questions regarding any of these items. None noted. 13. COMMISSION COMMENTS & QUESTIONS: Mahurin commented that she felt this had been a stimulating and challenging meeting. 14. ADJOURNMENT: CLICK MOVED TO ADJOURNED AT APPROXIMATELY 9:40 P.M. Resp , tfully submitted: M ril n Kebschull Administrative Assistant Planning & Zoning Commission Minutes Page 20 April 10, 1996 f~~ MEMORANDUM TO: Planning and Zoning Commis ' FROM: Jack La Shot, City Engineer DATE: April 16, 1996 SUBJECT: CUP -John Lowe FOR: April 24, 1996 P&Z Meeting I talked to Mr. Lowe on 4/16/96. He stated that he would prefer a three (3) boat limitation be placed on his CUP, as others had. In researching the CUP files, I found that some have been limited to three (3) boats. J Vkw CITY OF KENAI ~~ c~ e~:~~ ~ >a~~,~„ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~! aF~h,cnr IIIII~ 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 April 10, 1996: A Conditional Use Permit for a guide service and boat parking to be located at Lot 9, Anglers Acres Subdivision, Part 3. 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 April 10th . 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 March 26, 1996 STAFF REPORT To: Planning & Zoning Commission Date: March 26, 1996 Prepared By: JL/mk Res: PZ 96-24 GENERAL INFORMATION Applicant: John R. Lowe 1405 W 46t'' Avenue Anchorage, AK 99503 Requested Action: Conditional Use Permit-Guide Service & Boat Parking Legal Description: Lot 9, Anglers Acres Subdivision, Part 3 Existing Zoning: RR-Rural Residential Current Land Use: Low density residential/Recreational/Commercial ANALYSIS City Engineer: The applicant wishes to operate a guide service from his residence. He does not intend to rent rooms to clients. The operation is similar to Conditional Use Permits issued at several locations in Anglers Acres Subdivision, two recently on Lots 17 and 8. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1 . Resolution No. PZ96-24 2. Application 3. Drawings CITY OF KENAI .:PLANNING AND ZONING_COMMISSIQN RES4L UTION N~. PZ 96-24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: JOHN R. LOWE USE CONDITIONAL USE PERMIT-GUIDE SERVICE AND BOAT PARKING LOCATED 1 135 ANGLERS DRIVE-LOT 9. 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: March 26, 1996 2) This request is on land zoned RR-Rural Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a• Boat parking limited to three (3) boats. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: .April 10, 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 CONDITIONAL USE PERMIT MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 24 , 1996. _ , r ~. ~ - tel. ~ -~ ~~ (~/ i-~''~ /~!'~ CHAIRPERSON ATTEST: Plannin ecretary CITY OF KENAI CONDITIONAL USE PERMIT NAME ~ ~ ~~ I ~ • L- D Cc~ '~° PHONE ~ ~ - J 2 y7 MAILING ADDRESS ,~ ~~O j- w ~G~ ~~ Y~/LL'~O/~~~,~' ,~i~ ~o~~fs'~ ADDRESS `/ /~o,P.s ~G„~~ LEGAL DESCRIPTION L G, ~ G~ ~ j ~ ~ .~5 /9~P~..S' ~~' ZONING DISTRICT C RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 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 develo pmen t as described: / / / L it / v"/, 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 ~ ~ ~`~°~ ~~ ~ ~ ~~ N ~ ,,;, roved conditional use permit shall lapse-twelve An app royal if the nonconforming months from the date of aPP ermit was appr~~ved use for which the conditional use p rant a has not been implemented. The Commission may g time extension not to exceed six months upon a finding that circumstances have not changed sufficiently sinceS~hforaextension mustpbesubmitted approval. A requ ermit. A public hearing prior to expiration of p shall not be required as a condition to granting the extension. ~~ - DITIONAL COMMENT _ _ _ °-~ y' f - ~'~!~-Date ~plicant Signatur _ ~~~ pproved at P&Z Meeting: ci' ~ Attest: approved: Chairperson ,....- .. -- -- --v ~---~-- t ~, ,~ ,: .~ ~ .~ s __, i ~ -~'°' c• ac Q. '7C il'. ~ t: i ~n ~~ u~ _ .-~ ti: ~ tai :1. F. a (; 7t •:~ ,.. '~ ' i; _:~ t 7. ~:: r., ..Y 2; 6t f_ flu ~ ~J 4 ~{~ [1' t~t^ v, ~, h h ~~ ~~ V vl `V1 1„~ ?> `~, I ~ r I' ~ r r., ~., i ~ M ~ ~ . t V -,••` ~~ ~ ~P'" ~~ ~~ w ~h I ~, I ~\~ ~r i r i 4~ Y~ •~ ~/ ~~ M N J ;~ 1~ 1 I ,/ a {~ . ~+GO ~: a "~• O ~ . s ~ r ,~ N ~ u o.s ~c 4~ O .. ti ~ M 7.ti r. 4 ~I o ' `rte :~ ~ ~ l ~O h , ~' ~`•a "'/ ~ ~ n I ~o~ QN a (~ ~'=iE ® O ~ ~ ti ~ ((~~ :C ~M'~' g ~ ~~- ~ ~~.~~ • , ~V , J o i' ti ~~ s, N ~ i `` M lei 6. N ~ . o. ~+ +~. O ~ Q s c a O , . . .-~ ~.~..,~, 1~..... a zl^'~N~^n` , } i °~~ ° ~ 'cti•c l e 6 ® T f V iW If~l ti h is O~ o ~ o O ~~ z I ~ wO ~O 9 1 ~ o n' J ~, `~ v ~ti~y ~Si ~ vo~y /i~~n 7 1 ~^ti ~ .~~ I ~ ~~C ~ `r~ ~ ~ ~ Q ~ ~: P ~ . 4` '^ `amt ' ~ ti ~ , ~. `^~ xy ~ ..nom.. .v~a w ~~ ~~u h 0 N ~~ ~ i~ ~ ~Z~ ~ ~ ~ ~ $, S/ a a o I~ O F ~ ~o$~ .a~~ qJ ~ i O.a 1 ®N e.,.9"_ ~Qb ~ ~ ~ ti Q ' ~~ ~ ~ ~.~~~ ~ q, . ~ ~ 1T ~~ ~ ~ „r~C ~~ ~j~ ~~ J ~ ~' J ~.. y I .. Q~. ~~ "~ !, ~ ~' ~ .~~ ~ ~ a :~ .~~;~ ~_Q Q I~ b STAFF REPORT To: Planning & Zoning Commission Date: 4/10/96 Prepared By: JL/mk Res: PZ 96-26 GENERAL INFORMATION Applicant: Kristine A. Schmidt ~ v 1 10 S. Willow Street, Suite 101 Kenai, AK 9961 1 v Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS City Engineer: Rezone See Resolution Various Various A petition has been submitted to establish a new zone- "Airport Zone"-that encompasses nine sections (nine square miles - 5,760 acres) with the Kenai Municipal Airport approximately in the center. Effectively, the proposed zone would prevent all action under the KMC Title 14 (Planning & Zoning) for a period of two years. This would include Variances, Home Occupation Permits, Conditional Use Permits, plats, zoning changes, building permit reviews in Townsite Historic Zone, Landscaping/Site Plan Reviews in commercial zones, and other routine matters such as: street addressing and naming, sign permits, etc. The stated reason for the rezone is "to deal with airport noise and development next to airport." The real effect would appear to be a stoppage of most development covering a large area of the City (see map) for a period of two years. A possibly more appropriate method of dealing with this matter is through the Airport Master Plan preparation process, whereby public hearings will be held and ~ environmental studies conducted to determine the effects of the Airport on adjacent areas (especially noise). ,l STAFF REPORT PAGE 2 1 PZ96-26 Any proposal of this sort and magnitude should be carefully considered by the commission. The liability to the City for essentially stopping development could be huge. Building Official: This proposed ordinance should be resoundingly defeated. Many other cities in the lower 48 have imposed building moratoriums with the only real effect to the community being economic decline. In addition, this may be considered a "Taking" as defined in recent court decisions. RECOMMENDATIONS Denial. ATTACHMENTS: 1. Resolution No. PZ96-26 2. Application 3. Proposed Ordinance 4. Map CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 96-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME KRISTINE A. SCHMIDT LEGAL Sections 28, 29, 30, 31, 32, and 33 T6N, R1 1 W and Sections 4, 5, and 6 T5W, R1 1 W, S.M. WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Various Zones 2. The present land use plan designation is Various 3. The proposed zoning district is Airport Zone (not defined in the KMC) 4. An appropriate public hearing as required was conducted 4/24/96 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Sections 28, 29, 30, 31, 32, and 33 T6N, R1 1 W and Sections 4,5, and 6 T5W, R1 1 W, S.M. is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 24, 1996. CHAIRPERSON ATTEST: Planning Secretary CITY OF K~NAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~rrr 'III'1 1992 REZONING APPLICATION PETITIONER i~isTC fv ~ ~ , Sct-~-titi ~ ~~ i ADDREjS I ~u 5c . ~~;+ 1~c~~ ~fi. .S u~ C ~ 6~~ ~,s ct ~~b !I PHONE C~~)~~- ~~i~ ZS~-L,~3a LEGAL DESCRIPTION SEA v{~.i~a~1c.~ a~#ac~~~ -tv ~ e~tttv-^ PRESENT ZONE nu.rn~t~~ic5 ~~,~v~,~iou-s PROPOSED ZONE See c~~~~i,~~c~c~ cc~ac~l -tv p~~t"~6~, Intended Use and/or Reason for Rezoning: -ItG~x ti1,r~~~1 CU~~nG~'C ~U%lS2 tG>~d Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. ,~ 1112137 1~''~ "' "" L~ ~ ~} ~ I't~ ~' `~.~ 1'~Y' l~~f'l~ L'LitlA L,f:'1~~«~ ~~'Y~Y i It.SS(~~~~ t ~~ ,~~.- Rezoning Application Page 2 2. ~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. eY1~U; ~~ d 4. ~ ~ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. n ~i~~~ ~ ~ ~~~2~1~~ Petitioner's Signature ATTEST: i CHAIRPERSON ~/~. ~ /~~ •, Secretary REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER ORDINANCE AMENDING THE CITY OF KENAI PLANNING AND ZONING AND BUILDING PERMIT CODES i n 1. The Kenai Planning and Zoning code, Sec. 14.20.030, and the official zoning map, is amended to establish the Airport Zone, which encompasses an area described as follows: Sections 28, 29, 30, 31, 32, 33, T6N, R11W, and Sections 4, 5 and 6, TSN, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska. This zone overlays all other zones established in this area under the Kenai Zoning Code. i n 2. For a period of two years from the date of enactment of this ordinance by the voters, or two years from the date of enactment on an ordinance by the Kenai City Council pursuant to the City of Kenai Charter, Article 11, Sec. 11-3, no action shall be taken under the Kenai Planning and Zoning Code, Title 14,, by the Kenai City Council, or any board, commission or employee of the City of Kenai, in the Airport Zone, or the area described as Sections 28, 29, 30, 31, 32, 33, T6N, R11W, and Sections 4, 5 and 6, TSN, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska. e i n . If any provision of this ordinance is found to be illegal, void or unenforceable as a matter of law, that provision shall be severed from the rest of this ordinance. ~) r~~ U April 23, 1996 City of Kenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, AK 99611 Re: Resolution PZ 96-26 (Kenai airport noise zone) STATEMENT BY PETITIONERS During April and May 1995, over 100 Kenai residents signed a petition to the Planning and Zoning Commission requesting that the City of Kenai establish an airport noise overlay zone around the Kenai airport, to address two problems: (1) protection of residential areas near the Kenai airport from noise and fuel pollution created by the airport, and (2) new substandard subdivisions, like Richka Park Estates, proposed for the undeveloped areas near the Kenai airport. The following points discuss in more detail the reason for this petition and the concerns of the petitioners. 1. Kenai airport traffic is a nuisance and is dangerous to residential areas around the airport. Enormous increases in Kenai airport traffic over the last 10 years, especially in the summer months, have lead to increased noise and fuel pollution, and increased risks from crashes, which endanger and are a nuisance to residential areas near the airport. Flight patterns, flight times and minimum altitude requirements are not enforced by the City or the FAA, which leads to incidents such as the Southcentral Air crash on 4th Avenue, large jets doing take off and landings right over residential areas at inappropriate time, and the five times a day Air National Guard or Coast Guard C-130s, which fly directly over houses in the residential areas near the airport. Our goal is to establish an overlay zone where air traffic is controlled to avoid conflicts between the airport and the residential areas near the airport. Many cities in the lower 48 have municipal airport traffic restrictions to protect nearby residential areas. 2. New subdivision development in the Kenai airport noise zone will be harmful to existing residential areas near the airport. The undeveloped property around the airport is the last and only buffer area between existing residential areas and the Kenai airport and float plane basin. The City of Kenai removed the only other buffer area to build the float plane basin, which increased the noise level. Our goal is for the City of Kenai to purchase or trade for property as a buffer area around the airport, to protect residential areas near the airport from existing and future airport traffic. The City has already been sued over increased airport noise, and the risk to Kenai taxpayers of more suits will only increase if the City allows new subdivision development near the airport. Many cities in the lower 48 have been -1- forced to purchase residential subdivision lots near airports because of noise and fuel pollution from the nearby city airport. If the City acts now to set aside a buffer area between the airport and existing residential areas, City taxpayers will be saved millions of dollars in future lawsuit and property purchase costs. Many of the petitioners were stunned to receive notices from the City in March 1995 that a new subdivision was being proposed for the area around Richka Creek between the Kenai airport and Woodland Subdivision. People in the area were told for many years by City officials, real estate agents and builders that this area was owned by the City. The undeveloped area around Richka Creek has protected residential areas near the airport for decades. The City does own all of the lower Richka Creek drainage; and our goal is to have the City obtain title to the upper Richka Creek drainage, by purchase or land exhange, to protect this area for future generations of Kenai residents, before it is developed. .Allowing development of this area will only increase the purchase price: 3. The current infrastructure cannot support new development in the residential area surrounding Richka Creek. The roads in the area around Richka Creek, such as Forest Drive, Birch Street and Spruce Streets, and 4th and 5th Avenues, cannot support large increases in traffic from new subdivision developments. The City water and sewer systems in the Richka Creek area are already over capacity, leading to the extremely low water pressure. These systems also cannot support in their current state new, high density subdivision developments. Sears Elementary and Mountain View schools are beyond capacity, to the point where many Kenai children cannot attend their neighborhood schools anymore, and must be bussed across town. The fragile ecosystem of the Richka Creek drainage, cannot support large landfills and on site septic systems, such as those proposed for the Richka Park Estates Subdivision development. Our goal is to work with the City Planning & Zoning Commission to develop standards for subdivision development in the areas around the airport. We have started this process by recommending a new prime residential zone, which the Commission is considering at this time. Many cities in the lower 48 have such development standards. -2- Kristine A. Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283-7102 H / (907) 283-7373 W / (907) 283-2835 Fax Apri124, 1996 City of ICenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, t~.IC 99611 Re: Resolution PZ 96-26 (Kenai airport noise zone) STATEMENT BYAPPLICANT -PLEASE READ ON THE RECORD Dear Commissioners: I aYn unable to attend the April 24, 1996 hearing because I have to teach at Kenai Peninsula College from 7:00 p.m. to 10:00 p.m. that night. Please read this letter on the record. " During April and May 1995, over 100 Kenai residents signed a Petition To Amend the City of Kenai Code, pursuant to KMC 14.20.270, with a proposed ordinance attached, establishing an airport noise overlay zone around the Kenai airport. On May 10, 1995, on behalf of the petitioners, I delivered signed copies of the Petition to the Planning and Zoning Commission. The purpose of the Petition was to address two problems: (1) protection of residential areas near the Kenai airport from noise and fuel pollution created by the airport, and (2) new substandard subdivisions, like Richka Park Estates, proposed for the undeveloped areas near the Kenai airport. The petitioners have prepared a position statement which is to be presented to the Commission at the April 24, 1996 hearing on the Petition. This letter contains my personal comments on the petition. 1. The Commission should establish a Kenai airport overlay zone to protect residential areas near the Kenai airport from airport traffic. Noise and fuel pollution from the Kenai airport has increased substantially over the 11 years I have lived in Woodland Subdivision, near the airport. This goes on 24 hours a day, 12 months a year. Many of the airplanes, both commercial and private, fly far too close to the homes in Woodland Subvision, in violation of FAA rules, shaking the houses on their foundations, and putting homeowners in danger from crashes, such as the Southcentral Air commuter plane which crashed into a home just a few blocks from our house. There is no enforcement of the FAA minimum altitute rules by either the FAA or the City of Kenai. There is no airport noise abatement plan, as far as I know. The noise interrupts sleep and the peace and quite of the neighborhoods around the airport. Since the airport is owned by the City, the City can act to protect residential areas near the airport from excessive noise i and dangerous overflights by airport traffic. That is one purpose of requesting an overlay zone. The legal description of the zone is certainly open to amendment where necessary. The area proposed for the airport overlay zone was written in haste, because of the time factor in May 1995 -the Richka Park Estates subdivision plat was in front of the City for approval, and the petitioners needed to get something in writing to get a hearing before the Commission. The intent was to include at least all parcels adjacent to the airport, but it was not possible in that short time to get a more accurate legal description written, because there are so many small parcels near the airport. So we used sections to describe the area, because sections would include all the parcels adjacent to the airport. The purpose of the Petition was to start a public process whereby a.zone could be established, not be the final proposal itself. 2. The Commission should establish a Kenai airport overlay zone to regulate new subdivision development in the zone. The undeveloped property around the airport is the last and only buffer area between existing residential areas and the Kenai airport and float plane basin. The trees, vegetation and ground area act to protect residential areas near the airport from noise and other pollution caused by airport traffic. If the City allows this buffer area to be developed, especially in the manner proposed for Richka Park Estates Subdivision, then the following will occur: (1) the residential areas around the airport will be subjected to increased noise and other pollution caused by airport traffic, which will lower property values and be a nuisance; (2) the new homeowners, as well as the existing homeowners, will sue the City because of the noise and other pollution caused by the airport. Allowing homes to be built adjacant to the airport, as proposed for Richka Park Estates subdivision, is just a lawsuit waiting to happen. I have lived in several big and small cities in the lower 48, where the cities had to buy out homeowners for miles around the city airport, or construct expensive walls, to protect residential areas from airport and street traffic noise and fuel pollution -- all at taxpayer expense. The taxpayers of the City, including myself, do not want to pay for the costly mistake of removing buffer areas and allowing housing development near the airport. The Commission should act now to restrict development adjacent to the airport -- to allow new development is not acting in the best interest of the taxpayers and residents of this City. Another serious problem with new development proposed for the undeveloped area between the airport and Woodland Subdivision is the lack of infrastructure to support new development. This is a City-wide problem. The taxpayers of this City do not want to continue to subsidize subdivision developers who refuse to put in paved roads, water and sewer, lights and schools for new subdivisions in this City. City taxpayers always end up paying for these services with our taxes, such as in Inlet Woods Subdivision, and it is time for the City of -2- Kenai to put a stop to this practice. Numerous other cities in the lower 48 require subdivision developers to pay for the costs to the infrastructure as part of the subdivision process, instead of municipal taxpayers. The proposed Richka Park Estates subdivision, to be built right next to the airport, highlights this problem. The roads in the area around Richka Creek, especially Forest Drive, cannot support large increases in traffic from new subdivision development. The City water and sewer systems around Richka Creek are already over capacity, with extremely low water pressure. The local elementary schools are beyond capacity. The Richka Creek drainage cannot support large landfills and on site septic systems, such as those proposed for that subdivision. The Commission must develop better, more responsible standards for new subdivision development in the areas around the airport, and the rest of the City. The proposed prime residential zone is just the first step. 3. The staff report does not address the problems which lead to the petition. The "Staff Report" objects to the Petition without addressing the problems which lead to the petition. The large area objected to can be amended. No one has heard anything about an "Airport Master Plan", if one exists, so it hard to see how this would be an option. There is nothing in the Staff Report to support the following statements, so they should be disregarded: "the liability to the City for essentially stopping development could be huge"; "Many other cities in the lower 48 have imposed building moratoriums with the only real effect to the community being economic decline"; "this may be considered a 'Taking' as defined in recent court decisions". On the contrary, to my knowledge, many other cities in the lower 48 require subdivision developers to pay their fair share of real development costs: roads, water and sewer, schools. Many other cities regulate airport traffic to protect residential areas near the airport. Many other cities have been forced to pay enormous sums to property owners damaged by nearby airport and traffic noise. The Commission should act now, before new development occurs which damages existing residential areas near the Kenai airport. ~~~~ ~~ -3- ~C STAFF REPORT To: Planning & Zoning Commission Date: April 10, 1996 Prepared By: JL/mk Res: PZ96-27 GENERAL INFORMATION Applicant: Gary and Pam Hershberger 840 Sand Dollar Drive Kenai, AK 9961 1 Requested Action: Conditional Use Permit Legal Description: Lot 4, Edgington Subdivision Existing Zoning: CG-General Commercial Current Land Use: Commercial/Medium Density Residential ANALYSIS City Engineer: The applicants wish to operate a private primary school at this location with 20-30 students. The KMC Land Use Table does not designate elementary schools as primary, secondary, or conditional uses in the CG zone; however, a Conditional Use Permit may be granted. This location, near the spur Highway on Gill Street, would be directed away from the residential area. Building Official: The applicant has indicated they would make the building compliant with the building code for their intended occupancy. RECOMMENDATIONS Approval contingent upon public input. ATTACHMENTS: I 1 . Resolution No. PZ96-27 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING .COMMISSION RESOLUTION NO. PZ 96-27 CONDITIONAL LTSE FERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: GARY AND PAM HERSHBERGER USE PRIVATE PRIMARY SCHOOL LOCATED 105 N. GILL, KENAI, ALASKA WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 10, 1996 2) 31 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. Insure adequate off-street parking. This request is on land zoned CG-General Commercial b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: April 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 PRIVATE PRIMARY SCHOOL MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 24, 1996. ~ , ~~ l ~u ~'~< </'c CHAIRPERSON ATTES :Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT NAME ~/.f-.2 s ~/~-~-t ~';25~,8 t,21,~ Ri PHONE U 7 - Z~3'3 - y3/ ~ MAILING ~~o ~,~D ~~ f/~y2 ~2~ /~ ~ /~f,~lH-,'~ f!/~ 9y~// ADDRESS ADDRESS ~~~'C E- LEGAL %~ .T o r~ /l -~ ~D~r/''.ll,-~"i ~"r3r~-~oi.~i o,~/~~.3~ i 6~/~2//cv~ ~'`~ DESCRIPTION , ZONING C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl 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: iQ~ti(/~Ry ~~-rkio~ d[~ 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). a~~1g9t01T~2'3p j +*~ IOQ ( ~+ a v .r ~,~~ O ~~~a ~° a~ ~ ~~~ ~~ 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 .,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 COMMENTS: ~C1.L ~~ y!v 1~2.L Q.~ Applicant Signature: c:,..z.~~ ~-/ Date: L/~sQ~9~-~ Approved at P&Z Meeting: ~~~- Approved: Chairperson Attest: Site Address: 105 N. Gill St., Kenai, Alaska Legal Description: Lot 4, Edgington Subdivision The site is currently zoned, Commercial General, iKenai Funeral Home) Proposed Name: READS Primary School Owners: Gary and Pam Hershberger PURPOSE READS (Readiness Education and Developmental Skills) is a "back to basics" primary school for children in grades kindergarten and first grade. The purpose of its creation is i ~ to provide parents an opportunity to enroll their child in a small classroom setting, and 2) to provide each student with a f irm foundation in the academic areas of Reading, Mathematics, Grammar, Spelling and Language Arts. CERT I F I CAT ION: READS primary will be registered and certified with the State of Alaska, Department of Education in Juneau and will be in compliance with all State laws and regulations governing private schools. ENROLLMENT: Enrollment will be limited to approximately 2G-3Q students. HOURS OF OPERATION: The hours of operation will be Monday through Friday, 8 AM to 12:3Q PM. Holidays will be observed at the same time as the public school. In accordance with State regulations, the school will be in session 180 days, beginning in mid-August and ending in May; specific beginning and ending dates to be determined annually by the administration. TRAFFIC FLOW: Existing traffic flow is north and south on North Gill Street. 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T __ _'. __..... __ .._ i ___...._ + i.. ~. i I r- ~-- I i ~ ~_ - - ---~ I ~ r- --} f - ~ ~ ^ ~ ~ .X ~. IF _ ! ~ -,d~ i I ~ ~ ! ~ i 3 I j ~ ~ ~ , ( ~ ~ ~ ~, 1 _ __ . ~~ _ _ . ~? ~ i_ _ ~ ~ ._._ _ _ ,._ a _~__ ~ ~__ _ - . __- i t,-~ .~ r tf) ~f` ,..~ ..yh r.i~ `,~ ~~ ~. ~) +~ ~! ::,~ _ J - -- .. Z2 Ol Z / U~Str1:H 0UV 31313U i7oa .rrr~snssassv do:~ •.~ : I ~~ _~ ~~ I N t 1 1 ~t I . I _ ~ ~~-~ ~~~~ zyoo w (~] x w ~ cn ~ ~? °a{u O. J~ ~ O x n.. ~-'v a p O ~- wZ +~ .C.~ LLIQ z aO~aO ~ C1; F-Od _y LLF- ~ iur o.- a~~w < ~z~aw Nzn Ua Fao?cwc v !~d CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ96-28 A RESOLUTION OF THE KENAI ADVISORY PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, CHANGING OF CERTAIN EXISTING STREET NAMES, ELIMINATING ALIAS NAMES, AND ESTABLISHING OFFICIAL NAMES. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, the Kenai Peninsula Borough is completing the "Enhanced 9-1-1 Mapping and Address Project" which recommends a list of streets within the City of Kenai for name changes and/or elimination of ambiguities to provide official names, and WHEREAS, the provision of official names for all streets within the City of Kenai Emergency Service Area will greatly assist in response to emergencies by police, fire, and ambulance services, and WHEREAS, the attached "Exhibit A" has a column headed "Recommended Official Name" which assigns an official name. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES, ACCORDING TO THE ATTACHED "EXHIBIT A" BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 24th day of April, 1996. ~~ ~~~ --~ ; ~ --~" - " 1. 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Y O N U T Z W 0 rn a 7E5 POSrq_ W ~. ~ T ~' ~' * ~ 'Frtt***~ United States Postal Service April.18,,1996 , ~ ~~~ , APR 1996 Jack LaShot ~""~~'rt~~ Cs~ r c f'~ ai City Engineer f'~~9a~'a'.,ras~pw#. Kenai The following list are the streets we recommend on keeping the directionals, because of duplicate addressing: N. Forest Drive S. Forest Drive N, Spruce Street S. Spruce Street N, Willow Street j S. Willow Street N. Gill Street S. Gill Street N. Tinker Lane S. Tinker Lane I North and South Tinker Lane are both on the same side of Kenai Spur Highway. However, the li ne is at Lawton to split them. We should try to change this, but the duplicate addresses are 102,'.104, and 106. ~ Without the directionals there is not away to decipher where the ~ mail is to be delivered, I would think the directionals would also be.necessary for. the eme rgency vehicles, (..~ .Vicki Shillam Postmaster Kenai, Ak. 99611 283-77?1 (: I CITY OF KENAI PLANNING AND. ZONING COMMISSION RESOLUTION NO. PZ 96-29 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 John and Karin Gensel ,and received April 1, 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, April 24, 1996. ~G~ ,, , ~f ATTEST: Planning cretary < .~ -~ ~ ~... CHAIRMAN C:\wpdocs\pz96-29 LANDSCAPING/SITE PLAN REVIEW APPLICATION I ~~~ ~~~ ~! N r ~~- _ ~ ~~~ ~~ M~ APPLICANT ~D~~ ~ ~ ~_~,~~ ~ • ~r~~ ~'~~• ADDRESS t ~.~ ~ . ~c~`Och1 ~- ~ ~ir•,:, c~ MA{LING ADDRESS ~~,,`,~.~,;,~~, i ~~ ctc~~,~,~ PHONE Za'3_-~SZ~ ~.Z.~-Z =~~-~ ZONING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC C IL R TSH (Circle one) LEGAL PROPERTY OWNER ~~ ~~ ~~~.~- L-• ~.~.~sZ 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. Identification and location of non-living landscaping materials to be used. / e. f. '~ g. 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. ~~. .~'~ti `~ 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. -~ ~C~ ~~ ~vt-~ -f(,•,~" eri o v-c' pv-ct.,..• ~ 1.,~ O~ ~o~.p~ ~ c~b •.~.. s~ ~ c~ t,~.~ S~.sa..~~ ~aSS • hle..~.re. ~~ . Additional comments: ~-^~J~-`~~~~. ~ ~'^« ~ ~~-- `~~~\c--~ ~,r-p per.-~..~ a-~ ~r-.,mss , A~~-k; ~, o~ ~1.~~~s~~. W ~~ .s o-r s~~~ w~ ~ c~~~-~-, o~.~ ,.•~ ~~-. • ~.~ : ~.~ •~-~ caw-~c~ C:\WPDOCS\fOR^MS~\IANDSCAP.APP 1 /~ ` FLAYG~nuND !3'-3 N 74'- 0"12'-0" ~5,--~l n ' . • , .. N£1~+1 AQDITiAN -- '~ ~~ ~~'EXt577l~t1 ~~ ' ~{.~II.LJtI~k'a • FDl~7PRtt~l7• -~.. ,l ~ R`~ 1 ' ~ '~ ° - - ` ~ •. . r . ~' 0 - ~'~ - • UECOI~.AT IVE Y, j • ~ '., , r. . i• • ~/ ~ ® d ~ ~ V ~` ~, ~ P~,INTE STRtPi C „ ' ~~ FCl?.~ ~._ASPNALT F'AV'INf~ • ' ~ • A ~ ~ ,. T L. t: Pl ION l~~____ -~ u ~ ~a r A L ~.........~.. ._...... _..._.. ............... . J . . FIF?E 4-IYDRANT i T ~~ a ~ :., ~. .. SC~~L_.C I" - 20' --0" i*:EF~R~1~iGE - N Zv° 42~ XI ~ZS.oo'~ t - ~ ~ ~ ~ '' ~ ' ~ ~ ~ , ti S ~' ~ r f ~ ' ~ ~ T \P~G~i~oJ~1D IW COJr?~wtJ~T a1 ,~ • ' `. • , ., '•14' t ~ ~ ~ i y1r..w~ ~roPo~~o, 3,Liao sF ~~sc.a.~. ~ Q %yr~z:~ I ~ - g ~ _ 8 L~ a 9 . .V . '' i • ~ • • ~ O ~ Q ~~ N ~ ~ ~ s) ~ t I ~, I 1 ' i ~ - ~' - r ~ ~ ~ ~ ../I Qai15T'~+.Ks ~~tui~. ~~ .t ~F ~+L ~ • Cya,~ cf~'T' S ~ oaw., ~j .L.r~~3 WT' ~ ~ n sw ~..~.// ,.ML~~ t3. Q AZG~o. gT~•?.dT 'PiA.«~" ~a¢ ~.or 3 i 3u~.r4 ~~oa.~.~a Go...~w~¢a1.-.-~ Csw~~- - ..;. _~~_ -- ~€!!~ . _S.-~I~tOf-Cr'~R~1 Mr~'~pao.~. ~ Lo ~ 5~4~.1~35 - P~asoa.ZO.o: ,'~'~~~`l~:' Cr._o. 4ew'!ES4srr ~ ~.( Iw ~ ne 1~~.ns.A- °~ v~nlGS J~rn ac- }ions ~ _. P.~ .xj , p 'ls.G ~.-- Q~(,~ ~~p , - - ~ _.' _"~ t \ -- I~P«JZAL.. T~~i `SQQw~~ S~ 1 ~ 4~> ~ rL`C G~R'QS M /v! ~ -'-- ~ tilwrvs..~. (~P.o.tuDC.nvGl~ -rss 4!~ ~a~J-~~~ ~QJ'~ro ~.•,~+as .. _~~. ~oTan.~ ~,puJDS~ap ~~ z Z ~ ZW ~ • - -- --- 1'So E •Z.E^OO~~~ ~,C - - - -- ~~. LV~!`_+~__*~.__.~J'~'"T._TN~'S S~ZVB`~>.----..-°-.SOt~IOTtiIA~ Pll./icS1C1~ --- __ ,-. __ _ __ ~9~ Z~Z= 1SZJoj __ .___. CITY OF KENAI ~~ ,~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~r '~II~- 1992 ~~ I M ~ ' Oll i~ ~ EMORANDUM S/F~,.,Q~ To: Kenai Planning and Zoning Commission ,J` l From: Kim Howard, Administrative Assistant Date: April 9, 1996 For: April 24, 1996 Meeting RE: Application for Lease - Lot 4, Block 5, Cook Inlet Industrial Air Park & ROW Attached is a lease application submitted by Robert C. Jackson, d/b/a Jackson's Sales and Service for the above referenced property. Also attached is a map depicting the lot. The appropriate good faith deposit and filing fee have been received. This property is airport land. Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation Administration. The applicant began leasing the property in 1985. His current lease will expire June 30, 1996. The applicant intends to continue to use the property for an impound and storage yard. KMC 21.10.030 (5) states the intended use must comply with the zoning ordinance and comprehensive plan of the City. Does the Planning and Zoning Commission recommend approval of this lease application? /k cc: Robert C. Jackson, d/b/a Jackson's Sales & Service ~ ~~ N ~~ Ds.tQ necQiv~ed ~-'-Y 9G CITY OF KENAI ~ •~ ~~ ~~ P.O. BOX 580 -KENAI. ALASKA -PHONE 283-7535 ~ '~ igr-at~ur+e -title) r LEASE APPLICATION Name of Applicant Robert C. Jackson Address Po . Box 618 Kenai , Alaska 99611 Business Name and Address Jacksons Sales And Marv; ~P Po. Box 618 Kenai. Alaska 99611 _ _ Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if applicable) Telephone (907) -283-4760 Lot Description Lot 4, Block 5/ C_I_I_A_P_ anc3 R_n_w_ _ - - -_ _.. _ Desired Length of Lease 5 vears Property t o b e used for Impound and... Stor?g(a yarr3 Description of Developments (type, construction, size, etc.) done at this time Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date ~- N.A. Proposed Completion Date Estimated Value of Construction $ Date: 3-14-1996 Signed: Date: Signed: i 1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"= 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height T ~5~.~ p-s~~s~~ L~~e- ~J fi~- =~-'-' r ~~ 12. Buildings on or near the airport on airport L~ lands must complete FAA Form 7460-1 *~This does not have to be drawn by an architect or engineer. r" ~ ~~ f'° ~i1~~ s~~ ~~ ~~ 2 BUILDING INFORMATION l- On this sheet submit a drawing of building planned drawn to scale. Scale: 1" y0 ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE ~~~~d ~-~ ~~ ~, ,, ~u~a ~ ______~ ~'~,f A Note:' f a~prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 ~ Description of Property~t ~ ,~~~~ ~ ~//~ ~-,~~ CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost /~~~ ~ ~,~.t, Z one d f o r ~~,~ ~/~~ ~~„~ v Permits required `~~~e._, Assessments Insurance required ~~D, ~~~ Construction must begin by ~j~~}- Completion date for major construction ~ /fJ-- ~ THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning C mmission Approval: By: "~~j~~~~.~-~- , Date of Approval '`7~~5'~y~ Chairman City Council Approval: By: , Date of Approval City lerk 4 r i f- U Q i- 0 Q Q ~ 4r~ v O v c~ a' ~ `~ - - "- O ~ ~ _ 0 ~ ~ V \~ ?-1 ~~ ~ ~~ _~ O ~ ;.~" s• 0 Z D Z W a J W ~y. Q ~- r s r ~"yA a `' ~` ~ ~: a `RAJ .~ mss."~ 0 4 ~ •.;:' * ~ Z ..• r ~ _,~ ~fy J ~ . S• - \~\ ~ c '• ~ ~'' O O ~ _,r = ~ ~ ,~ ,, .~. r ` i. 60 ~'r° ~` ~z .Y Q odyi c~ 0 . ~ a~ ~' .. x;~; ~- ~ r~ D, . 1yj0 '~ J? _ _ - h _ V ~ >. p _ eQ -~ _ !` ~ 4\ ~ ~ , a r P ~. r~ i q ~ ~ ~ ~, ~~~ :~ _ - .~ ~) STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/kw Date: April 17, 1996 Res: PZ96-30 GENERAL INFORMATION °~ Applicant: Janine Carlough 1502 Toyon Way ~ ~ ~ /~" f ~! Kenai, AK 9961 1 Requested Action: Home Occupation Permit -Childcare Legal Description: Lot 44, Block 4, Redoubt Terrace S/D Add. 3 Existing Zoning: RS Suburban Residential Current Land Use: Medium Density Residential ANALYSIS City Engineer: Day care centers are allowed with a H.O.P. by KMC 14.20.230(b)(2) "Day care of no more than eight children under the age 12, including children related to the caregiver." Other conditions appear to be met. Building Official: (Not available for comment at time report done) RECOMMENDATIONS Approval with limitations per code. ATTACHMENTS: 1. Resolution No. PZ96-30 2. Application 3. Drawings CITY OF KENAI..... PLANNING & ZONi`NG COMMISSION RESOLUTION NO. PZ 96-30 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR Janine Carlough for a child care center located at 1502 Toyon Way. Kenai. Lot 44 Block 4, Redoubt Terrace S/D, Addition 3 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on April 17, 1996. 2. That the application has been reviewed by the Commission at their meeting of April 24, 1996, and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that she can. and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 24th day of April, 1996. Chairman ATTEST: Planning Secretary 1791-1991 ~. r. Date : ` _ •L~1.~ I ~ ~ , ~ ' CITY OF KENAI ~ •9~ ',~ 1~...y~ ' 210 FIDALGO KENAI, ALASKA 99611-:., - TELEPHONE 283 - 7535 ' ~ ' FAX 907-283-3014 ~ . ~~~\~ -,. APR 1996 :-_>' ~~~~ - ~` ~'sris~~ ~~. ,, .. _ _ ~:~ ~. HOME OCCUPATION PERMIT ~'' `-~ NAME : -_ "' ~ C /_. .~ ~ \ ~ ~\ i tr~-~~C` C; t ; ~ ~~. PHONE : •_Y r. ` "_ ~~. VV ADDRESS : I ~'> <~, -a ~, U (' t ~ ` ~,.._ ~~ ~, •~R <= t1r'•. ~ LEGAL DESCRIPTION OF PROPERTY ::; L ~ ~u C; ~~ i:l ~; , •' ± ~ ~ j ~ . , -~,~ t ~ 1.~ ~(~~T<-~ •~ DESCRIPTION OF OCCUPATION: ~~ ~ C- i , Section 14.20.230 of the City of Kenai Municipal Code outlines regulations which allow Home Occupations in residential zones, subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~~~" Not more than one person outside the family shall be ~ employed in the home occupation. ., 2. '~ No more than 30~ of the gross floor area of all buildings on the lot shall be used for the home occupation. Please submit site plan with square footage and area clearly marked where business will take place. 3. ^r ~ The home occupation shall be carried on wholly within the principal building, or the buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Will this development require a building permit? YES 'NO (circle one) __ ,~ . L, Applicant's Signature: ~~ ; ~ , ~, ~~ , ~ ~ •~ { ~, Approved: - CHAIRPERSON ATTEST: Date: .. ~ r~- -- - ~ `_ 1 ;. ~ • ~ Jo _ f ~. Y t f i iii =` "F- ~"._-~~ i= .. Z } °~._ _ '~Y` .. .. :. .. . . . - .- . _ _ _ R .'.. ~~: _ ~. _ _ . a' ~T14` it~ . e ~ _ ... .- ..~ - y ~ t .. J ! _ ~ ~ ~: __ _ - - _ ~ _. _~~ .~~.~ _ . _ = ,. ~ . _ _ -- _- , . ~ - _ r 3 - .,. ,. , - - _ __ ~_ __ --~ : , 11 , a ~ ~~ 5 ~ ' ~ - _ _ - _ l i 7cY STAFF REPORT To: Planning & Zoning Commission Date: April 18, 1996 Prepared By: JL/kw Res: PZ96-31 GENERAL INFORMATION Applicant: Tracey Kautz 620 Fir Drive Kenai, AK 99611 Requested Action: Home Occupation Permit -Secretarial/Bookkeeping Service Legal Description: Lot 2, Block M, Woodland S/D #2 Existing Zoning: RS Suburban Residential Current Land Use: Medium Density Residential ANALYSIS City Engineer: Appears to meet the requirements of KMC 14.20.230. Building Official: (Not available for comment at time report done) RECOMMENDATIONS Approval. ATTACHMENTS: 1 . Resolution No. PZ96-31 2. Application 3. Drawings __ CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ 96-31 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR Tracey Kautz for aSecretarial/Bookkeeping Service, located at 620 Fir Drive Kenai Lot 2, Block M, Woodland S/D. #2 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on April 18, 1996. 2. That the application has been reviewed by the Commission at their meeting of April 24, 1996, and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that she can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 24th day of April, 1996. ~ ~ ATTEST: ~ Planning S retary Chairman 1791-1991 CITY OF KENAI „~~l G'd~i~.C a~ ~4~i~„ 210 FIDALGO KENAI, ALASKA 9gg11 TELEPHONE 283 - 7535 FAX 907-283-3014 Date : '~'~ ^ r L "t ~p HOME OCCUPATION PERMIT p~ / NAME : PHONE : O~ C),J l~ ~ ~~ ADDRESS : ~D p~ G ~ Y ~~ , LEGAL DESCRIPTION OF PROPERTY: ~t ~ / ~ ~~'.~L (~ L~ ~C~~~S1D~o~. DESCRIPTION OF OCCUPATION : ~ C .ir ! ~-UC~ ~ ~ ~.V V l~~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations which allow Home Occupations in residential zones, subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. %~ Not more than one person outside the family shall be employed in the home occupation. 2 . ~~ No more than 3 0$ of the gross floor area of all buildings on the lot shall be used for the home occupation. Please submit site plan with square footage and area clearly marked where business will take place. ,. ~ Applicant' Approved: Date : ~~~,~ =~=- `~'~ The home occupation shall be carried on wholly within the principal building, or the buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Will is development require a building permit? YES ~ (circle one) T C~ t O -J L~ L i vJ ,n at C i ~~ 12' ~? i ~~ v ~1 ~N \ i I 0 N a ~ ~ ~ -~. ~. .~ ~ 1 '~ ~ ~ ~~ ~ ~ n~ ~, I~ 1 o~ r ~ ~ `i ~ ~ v ~, ~ --,,~, z 3~ Q l~ Q f ,, ~, ~ ~ S c~. >_ w _~ si --~ n v ~ ~-- .. ~, z 1 f o, ~~ ~_ ~~ ~, ~~ MEMORANDUM TO: Planning and Zoning Commission FROM: Jack La Shot, City Engineer DATE: April 18, 1996 SUBJECT: Analysis of Proposed RP Zone I was asked by the commission at the last meeting to provide a development cost analysis and other comments regarding the proposed RP zone. I will utilize as a comparison, the Inlet Woods Subd. as this was city financed through a 100% assessment district and constructed through standard city procedures. Development Characteristics -Inlet Woods Number of lots 179 Average sq. ft. per lot (approx.) 10,000 Range of sq. ft. 8,054 - 26,500 Typical lot dimension 80' x 120' Zone RS Municipal water and sewer Paved 32' wide streets rolled curb and gutter Dry well type drainage infiltration and underground CMP to pond Intersection lighting Underground utilities (gas, electric, phone, cable TV) Development Costs -Inlet Woods 1987 construction, engineering, inspection, administration (streets, water & sewer system, lights, etc.) $1,919,059 Gas, electric, phone, cable TV underground (cost estimated) $2000/lot 358,000 Raw land costs (estimated) 58.7 acres ~ $3000 176,100 Miscellaneous costs -assumed (finance costs, overhead, etc.) $1000/lot 179.000 1987 Development Costs -Total $2,632,159 Per Lot 14 705 Page 2 1996 Development Costs US inflation rate since 1987 - 3.7% Assume Alaska rate is - 2.0% F/P, 10 yrs. = 1.219 14, 705 x 1.219 = 17 925 1996 Market price needed -assume 10% realtor fee, 15% profit margin Needed market price per lot if Inlet Woods were developed in 1996 = $17,925 = .75 = 23 900 1996 market price -actual, based on last two lots sold ($18,000 ea.) $18.000 - $20.000 Prime Residential Zone Development Costs Assume $17,295 is the 1996 Inlet Woods comparable lot development cost and add the following costs for other amenities: Sidewalks, each side of street - 4' width, approximately $10/LF of lot frontage Typical RP lot - 100' wide -add $ 1,000 New Cost 18.925 Overlapping beam street lights -assume the density of street lights would triple (Inlet Woods is lighted at intersections - 21 total) Add 42 lights x $2,000 ea. _ $84,000 -add $ 469 New Cost 19.394 Increase average lot size to 15,000 sq. ft. -this affectively increases development cost 50% for each lot 19,394 x 1.5 = New Cost $29.091 Market $38.788 Increase average lot size to 12,500, similar to RS1 zone 19,394 x 1.25 - New Cost $24.243 Market $32.324 Page 3 Prime Residential Zone Devemopment Requirements Generally, the more restrictive the development requirements are, the less likely a developer will choose to utilize the zone. As shown above, economics is a major reason, however, other factors can influence zone usage. Usually, the initial tone of the development is set by a subdivision owner and restrictions are set by means of covenants. Covenants are sometimes difficult to enforce, sometimes due to inactive homeowners associations, too restrictive of covenants, etc. For these same reasons, the city should not be expected to enforce overly restrictive code provisions. Our resources for enforcement are Generally, limited. The items that can be initially reviewed during the early stages of development, such as streets, sidewalks, water & sewer, can be regulated through the installation agreement with the developer. The final plat cannot be filed until complete or there is collateral available. Items such as vegetation, paved driveways, on-lot burying, etc., are more difficult to deal with, as we are then dealing with individual homeowners and usually it is after the fact. JUkw C:\NPDOCS\DEPT\P&Z\PRZONE 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 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. LAND USE TABLE DRAFT ~'~~ ~ ~ KEY: P = Principal Penaitted Use MOTE: Referv~ee footnotes C = Canditianl Use S - Secan~ry Use an folloring payee for R Mot permitted additionl restriction. Table 1 of 3 :~<:;<: ............ ;... ........... ......... . f. ~: ~~~, ~.::.:: :>~::>> >::»>::. ,.:.:.::. .:. .......::..:..:.k:, ...... ....;.. ... `~~«"~: ,. «':' ,..,; <::a::> ><~., . ~'> , < ...n..~:. .... .........................:. ......... <..... E::.,:.~.:,. ., A .:::::::;:::: ~:,:::: r::.... R. .~:. ........:::::::.y ::::.:::::.::.....:::2::u::;;.::::::::.: 'fi\::. ...::. ..::..:::::...... ..~ :.::::::.,.:::..:x9:;:::....;:~ .... ....... .:. :............................. .. f. ...R . .:... .. .................. ~ ~ ~ ~ ................. n..........;. . . ..:::.::;.:: :: .. tea::.:::: a:. t.; :`?. /+I .;, ..' N. ~t ::;:~::: ~~::~~tt ~y ,... ;.:fi ~+f %'i: ...............:: ................................::.:::::............::::::.:..:::..::........4,v ....... :.... ...... ,.. .:::,... .: ....... . ...., ,..:: .:: :.... ............ .:.a..w;;.... ....:::.. . :~•:.t .'•:t'ri •:: :: N' . :,o't{': s: k .S .::: .....:.... o. r s: . i~a~~~ ;'. :: b .??3° , ..ls..::. g .'f .::::::::;; ..: .:::. y5 u:a;.;y„ ~ .. .....::... .. ::. .. ~ :::.:::::....:.. ........ ..~.' ~. J.. .. .. ......... . n...v.~ .t.:. ..::a .~: .. ... ..... ..»c........... ... ~.... .....................:. <.:.:~ :.:.:::.~: .:::.:.......... .. : .. ..... v. ..... ........... ..6. ... .. ...... ..:::: ...:.:.. .: vs.riy„•:: ........ . .:.<.: .gin ~. ~:::. ~: .. y ::.v:.:. ~. ~::::::: v:.4:i .; :C .~ n:.T::!:~' ~.~ ~I FE 't~~ ~ 5 'f .... .... ........~ .........................:.:..: .......... .... .....a.: v.:~.......... ... . . .. n.:.::...:::................. ... .u....., .v.; .: p...... .......... ~.:.. t ..... .... ..~ ::v.:'.:.e:: ~l•: vn:.t F .i.<'•4::~y jv. f....... .:c:... ..... .. .....:...:::.::::..:. ~:. ........... .:::o::;. .....y:.n: ~:. ~:. . ,u ....................... . ......:.:.: ~:: ::::! .. .r:.:::.. -::::: ..: :~ Vii: . ~r~. .~ .. .........n.......:.a.:::.q.. ' `ci>33"` ... .. :....... "N: ~?^:.:.. ..: .... ~:.~~:.<:<.x.:g ..::..:.:::::...:.y:.:R::t>:i:::.::uty:::isN<..:.~.:..:::e:::i~::~:::::~:~ :;i;i::.::i:::';;;:::.::i;.::.;'.::..:<:':::.;:.r:.::.::.::.~:.~:.:~:::.~:::::::::::::::::::::: ..................... .....» ..::..... ......: i:......v....:.......... u~ ::::.:...:::..::.::::::.::.::.:: ~.:..:y:::.". ........::...:........:..:...:....::............... ......... ......::.~ ................... . ~S ...~. a: ...: .. :.::: ....................::..:~.:. :• .,:.e::::.... fir. :/1.: ......t ..::.vv..,:.~.`.: x..:R: «.....Y.. : la . .... .......v........< ............. ~..v .. ...::. ~:tov::o.. .... .. .13i. .. ::.... ..v...... ~... ... .. ~..~ :........::.~ .... a. ;. .~.Rile ..:.....:::.:::»..v...........:.:::::.».. ..{.:.. .... ,.....: ...v......: };.....:!t..::..o..t.x._..::..+..::.::::...,:: /.~:::::::.:':. /:.:...::.:::. .. .. ••, ~D._~": One Family Dwelling P P P P P P S Si SZ P P P Two Family Dwelling P P P P P P S P P N ThreelFour Family Dwelling P P P S Si N Five/Six Family Dwelling s C P P S Si N Seven or More Family Dwelling C3 C3 P S Si C N Townhouses ~ C C C N Mobile Homes s N Mobile Home parks e C C N Planned Unit Residential C C C N Development ~ N Automotive Sales p p p N Automotive Service Stations P P P N Banks p p N Business/Consumer Services P P C N Hotels/Motels P P C N Professional Offices P P P P P S P N Restaurants C° P P C C N Retail/Wholesale B~~ P P P P C C N Theaters/ Rec~tion P P P C N 14-65 CITY OF ICENAI LAND USE TABLE ITT: P = Principal Persitted Use C = Canditiansl Use S = Seearrisry Use M = Mot peritted Table 2 of 3 DRAFT IIOiE: Referenx footrotes on folloring pages for additiaral restrictions. 18 On developed arterial only. (This footnote will be added to current list.) 14-66 CITY OF KFNAI 14-67 CITY OF KENAI r o 1~0 ~ ~ a a F a~ ~~ a s A ;~ ~ :' s~~: ".`, ~~~ <~. €. ~:: ':~... ~~~~n '~~~ 1 c ~ >.to~. . ' ~ ~ c~ >:~ ' :'~ ''~^ ;~^''`~ b N G w 'd [ w N A' ' t 1 g g ~ ~ g ~ ~ g $ N N . r s g ~5 N ~ N oo ~t w w N N %J N o ~ o ~ 3~ 3' 3 3 v ~ al a Q 8 8 a .o N N h ~ • s z ~ ~ ~ ~ O p ~ v ~ o I i ~~ I 1 I I I 1 II C C y C [ ~ ~ A~ C A 3 3 A w A ,~ :? ?, ~ ~,, ~3 E3 ~ ~~ w~ cL o w ~, ~ w ~ ~ fir r ~ O 0 o~ ~o N Q ~O V'1 w 0 N a E~~r Z a a 0 A y<;: ''~~`~; >:~$ o ~n o :;: ~ ~~~.~ >~D~; w N .-.~ N O ~`ay<> " ~: '~' ~" ~'~ ` ~ N ~; x >~ ~ ~ w ^ ~ '~ .. O y 's`r"~~'' ' . ;z : sp '? ~>t~ } ~:Yf. I l O l ~ l O l I~ I I ,' ~ ~ ~ c ~ N h N O M N G ~ ~O V') N O M N ~ ~ V'1 N 0 ~ r N ~ N Q~ . . O M C N ~ N . . 0 M t wl ~ I a o ~ ~ ~~ bA °' c O .~ ~ .~ ~ w° ,~ T U ~: ..7 O ~.., MCC N .-~ ~ cd~.+ '~ ~ w H y ~,,, O~ A ~ ~ N cd y ~ i ~ T N b bQ w y ~ ~ V ,~ ~ _y ~ 4~: ~.+ v~ .--~ .d V w N G '~ O 3 ~ ° ~ c ~ ~ ~~ w ' ^~ ~ ~ ~ O w O M U ..~ .~ G ,., ~ ... ~ .~ ~ G ~ ~ H ~ dQ cd •p N T ar N tU-i ~ '~ ~ C ~ 3 ~ ~ ~ ~v ~y •~ ~ U ,~ y .t.' ~ Y .~ N ~ F '. in °~''~" 3 .o ~ ~ ._. ., a~ ~ ~° o °~' ~ c ft1 ~ yQ y ~ •L' v ~3 a, `~ ~ U w ~ _ '~ ~ v ~ y ~' ti O+ .-. 4+ O ~ U ~ w °? 'g w ~' ~ o R y ~ ,,,i ~ ~ N ~ ~~ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING APRIL 17, 1996 7x00 P.M. RENAI CITY COIINCIL CHAMBERS A. B. ~i' W Ow 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 itsr normal sequence on the agenda as part of the General Orders. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Thelda & Cristel Fields - KCHS After-Prom Committee Request. ~.4-~ '~ Elton McGahan - Alaska Circle Track Association/Twin Cities Raceway Request. ~f' '~~ C. PIIBLIC HEARINGS U~~r ~ ~~ ~ 1. Ordinance No. 1684-96 - Increasing Estimated Revenues and Appropriations by $3,380 in the General Fund for Repair of a Damaged Police Vehicle. ~~~~ 2. Ordinance No. 1685-96 - Amending Title 23, Sections GC. 23.10.020, 23.10.030, 23.25.060(d), 23.25.060(e), 23.30.050, 23.40.030, of the Kenai Municipal Code to Bring Municipal Personnel Policies Into Compliance with ~~~, the Provisions of the Fair Labor Standards Act. 3. Ordinance No. 1686-96 - Amending the Kenai Municipal Code by Adding Section 13.30.035 to Codify the City's Authority to Establish Pay Parking Lots on City Property and Providing for Towing of Vehicles Which are Improperly Parked at Said Parking Lots. ~~ 4. Ordinance No. 1687-96 - Amending the Kenai Municipal ~- Code by Adding Section 13.30.095 to Prohibit Parking on Kenai Avenue. _- -1- ~~~~ ~~ 5. Ordinance No. 1688-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the Soils CIIAP Capital Project Fund for Clean-up of Lots 13 and 14, Cook Inlet Industrial Air Park. 6. 1996/97 Liquor License Renewal Withdrawal of Protest - ~~~~ Casino Bar - Beverage Dispensary. ~~~ ~ 7. 1996/97 Liquor License Renewal Application - New Peking - Restaurant/Eating Place. D 8. 1996/97 Liquor License Renewal Application - American Leqion Post #20 - Club. D. COMMIBBION/COZQrIITTEE REPORTS 1. Council on Aqing 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 1. *Regular Meeting of April 3, 1996. F. CORRESPONDENCE Q. OLD BIIBINE88 H. NSW BIIBINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 •-3. *Ordinance No. 1689-96 - Increasing Estimated Revenues and Appropriations by $2,592 in the Senior Citizens - Borough Special Revenue Fund. T -2- 4. *Ordinance No. 1690-96 - Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizens - Borough Special Revenue Fund for Needed Operating Expenditures. 5. Approval - Amendments to Mayor's Council On Aging By- Laws. n~~~ ~n~ 6. Discussion - Hotel/Motel Room Tax. mow` / `~~~~ ~~~/~ EBECIITIVE SESSION - None scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISBION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- ion KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA APRIL 22, 1996 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise 4he recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests a. Aurora Vista [Formerly Somerset Acres No. 2] KPB File 94-109 Location: Sterling Highway north of Ninilchik 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 4. Amendment Request a. Jay R. Greene Tract Plat 95-31 Homer Recording District KPB File 96-057 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Kenai River; Flood Damage Repair; Glacial Waters Subdivision Homeowners Association; AK 9512 - 23AA 2) Regional; Geophysical Exploration; Northern Geophysical of America; AK 9603 - 03OG b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 1 Don Gilman, Mayor 6. Commissioner Excused Absences Lisa Parker a. John Hammelman Planning Director Maria 5weppy b. Tom Knock Admin. Assistant 7. Minutes a. April 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 -None F. PUBLIC HEARINGS 1. Petition to vacate a 30 foot wide right-of--way within the easterly 30 feet of Lot 12, Block 20, Rinehart Subdivision Block 20 (Plat 1372 KRD). Section 34, Township 5 North, Range 10 West, Seward Meridian, Alaska. Within City of Soldotna. KPB File 96-014 2. Proposed Street Name Change (not associated with 911 Mapping and Addressing Project). WALIBAR CIRCLE, south of Homer East End Road, just south west of Fritr Creek, within Nesbett Subdivision (Plat H- 77-93) within Section 32, T5S, R12W, S.M.; proposed to be renamed to FIDDLEHEAD CIRCLE. 1 3. Rename existing streets to help implement the Enhanced 9-1-1 Street Naming and Addressing project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. PHILLIPS STREET, that portion along the line common to Sections 22 and 23 extending to Grant Road, named in conjunction with the portion of the road within private property, by Kenai Peninsula Borough Planning Commission Resolution SN 92-02, within T5N, R11W; located off of Kalifomsky Beach Road north of Ciechanski Road, proposed to be renamed to PIERSON STREET. b. UNNAMED RIGHT-OF-WAY within Pierson Subdivision (Plat KN 1331), First Addition Pierson Subdivision (Plat KN 1385), Section 22, T5N, R11W, located off Kalifomsky Beach Road north of Ciechanski Road; proposed to be named ARCHIE DRIVE. c. UNNAMED RIGHT-OF-WAY within Pierson Subdivision (Plat KN 1331), First Addition Pierson Subdivision (Plat KN 1385), Section 22, T5N, R11W, located off of Kalifornsky Beach Road north of Ciechanski Road; proposed to be named PIERSON STREET. d. UNNAMED RIGHT-OF-WAY within Pierson Subdivision (Plat KN 1331), First Addition Pierson Subdivision (Plat KN 1385), Section 22, T5N, R11W, located off of Kalifornsky Beach Road north of Ciechanski Road; proposed to be named EVEN LANE. e. LAKE COURT within Longmere Estates Subdivision Part 1 (Plat KN 1780), Section 20, T5N, R9W, located near Longmere Lake; proposed to be renamed to ADVENTURE COURT. ROSS STREET within Goodrich Acres Subdivision No. 1 (Plat KN 75-73), Goodrich Acres Subdivision No. 2 (Plat KN 79-172), Section 3, T4N, R11W, located off Caswell Road; proposed to be renamed to GOODRICH STREET. RYAN CIRCLE within Longmere Estates Subdivision Part 3 (Plat KN 76-171), Section 19, T5N, R9W, located near Longmere Lake; proposed to be renamed to SITKA CIRCLE. SEAHAWK AVENUE within Ravenwood Subdivision (Plat KN 1368), Ravenwood Subd. No. 6 (Plat KN 86-177), Section 24, T5N, R11V`J, located off Ciechanski Road; proposed to be renamed to RAVENWOOD STREET. SILVER AVENUE within Kenai River Acres Subdivision Amended (Plat KN 73-50), Section 19, T5N, R10W, located off Big Eddy Road; proposed to be renamed to MESA PLACE. SLIKOK AVENUE within Brumlow Park (Plat KN 77-123), Kalifonsky Commercial Park (Plat KN 78-176), Brumlow Park Subdivision Addition No. 1 (Plat KN 83-123), Spirit Subdivision (Plat KN 94-3), Section 35, T5N, R11W, located off Kalifornsky Beach Road south of West Poppy Lane; proposed to be renamed to MERRYWOOD AVENUE. k. YOUNG AVENUE within Farr Subdivision (Plat KN 78-64), Section 34, T5N, R11 W, south of West Poppy Lane; proposed to be renamed to MERRYWOOD AVENUE. SPRUCE AVENUE within Suthard Subdivision (Plat KN 855), Lande Subdivision (Plat KN 980), Irons Subdivisions: Lots 1 thru 13 in Block 3 and Block 6 (Plat KN 1516), Block 7 & Lot 8 of Block 9 (Plat KN 72-5), Portions of Block 3A, 9, and 10 (Plat KN 74-111), Block 4, Remainder Blocks 3, 3-A (Plat KN 75-100), Block 11 (Plat KN 78-174), 1981 Addition (Plat KN 81-148), Sections 20 and 29, T5N, R10W, off Kenai Spur Highway north of Soldotna; proposed to be renamed to RIVER AVENUE. m. SPRUCE DRIVE within Soldotna Creek Subdivision (Plat KN 73- 63), Section 23, T5N, R10W, located in the Mackey Lakes area; proposed to be renamed to MILL AVENUE. SPRUCE DRIVE within Spruce Park Estates Subdivision Part One (Plat KN 78-26), Section 4, T3N, R11W, off Irish Hills Avenue; proposed to be renamed to SPRUCE PARK DRIVE. o. SPRUCE STREET within Greenacres Subdivision No. 2 (Plat KN 73-29), Section 27, T5N, R8W; proposed to be renamed to MIDDLE AVENUE. p. STERLING DRIVE within Barker Subdivision (Plat KN78-199), a portion of which has been vacated within Barker Subdivision Sterling Drive Vacation (Plat KN 94-63), Section 11, T5N, R9W, located off Scout Lake Loop Road; proposed to be renamed to GREENWOOD COURT. (This proposed name change accomplishes a suffix change: GREENWOOD CIRCLE to be renamed GREENWOOD COURT). q. UNNAMED RIGHT-OF-WAY within Kasilof Alaska Subdivision (Plat KN 83-166), Section 36, T4N, R12W, located off Kalifornsky Beach Road in Kasilof near Cook Inlet; proposed to be renamed to HEN ROAD. r. UNNAMED RIGHT-OF-WAY within Kasilof Alaska Subdivision (Plat KN 83-166), Section 36, T4N, R12W, located off of Kalifornsky Beach Road in Kasilof near Cook Inlet to SETNET STREET. s. UNNAMED RIGHT-OF-WAY within Kasilof Alaska Subdivision (Plat KN 83-166), Section 36, T4N, R12W, located off of Kalifomsky Beach Road in Kasilof near Cook Inlet to KASILOF DRIVE. t. UNNAMED RIGHT-OF-WAY within Kasilof Alaska Subdivision (Plat KN 83-166), Section 36, T4N, R12W, located off of Kalifornsky Beach Road in Kasilof near Cook Inlet to RIVER MOUTH ROAD. u. TERRY STREET within Heath Subdivision (Plat KN 76-32), Heath Subdivision No. 2 (Plat KN 84-23), Section 28, T5N, R10W, located near Loren Lake; proposed to be renamed to HEIDEN STREET. v. TIMBER AVENUE within Journey's End Subdivision No. 2 (Plat KN 72-29), Journey's End Subdivision No. 3 (Plat KN 75-40), Journey's End Subdivision No. 4 (Plat KN 76-24), Blanchard Subdivision (Plat KN 76-52), Almeda Subdivision (Plat KN 78- 201), Section 3, T4N, R11 W, located off Caswell Road; proposed to be renamed to RUSTIC AVENUE. w. TISCHER-ROAD within Soldotna-East (Plat KN 72-73), lyuptulla Subdivision (Plat KN 76-182), lyuptulla No. 2 Subdivision (Plat KN 86-109), Section 25, TSN, R10W, located off Walker Street northeast of Soldotna; proposed to be renamed to McSMITH AVENUE. x. TISCHER AVENUE within Southern Bluff Acres (Plat KN 84- 252), Section 26, T5N, R10W, located off Sterling Highway northeast of Soldotna; proposed to be renamed to SUTHERLIN ROAD. UNNAMED RIGHT-OF-WAY within Trout Subd. Amended and Addition No. 1 (Plat KN 73-84), Section 26, T5N, R8W, located near Kenai River off Bolstridge-Foster Road; proposed to be renamed to TROUT CIRCLE. z. TROUT COURT within Trout Subd. Amended and Addition No. 1 (Plat KN 73-84), Section 26, T5N, R8W, located near Kenai River off Feuding Lane; proposed to be renamed to HUGHES WAY. aa. KISKA ROAD within Birch Manor (Plat KN 1658), Tract B -Isaac P. Shadura Homestead (Plat KN 74-33), Shannon Subdivision (Plat KN 80-72), Sections 28 and 33, T4N, R11W, a portion of Tote Road and a possible future extension of Tote Road; proposed to be renamed to TOTE ROAD. bb. REX'S ROAD within Grimes Subdivision (Plat KN 77-87), Dales's Subdivision (Plat KN 87-1 ), Section 22, TT4N, R11 W; proposed to be renamed to TOTE ROAD. cc. TUNDRA ROSE CIRCLE within Resubdivision of Lots 1,2,5,6,7 Block 3 and Lots 1,2 Block 4 Cottonwood Acres Subdivision Addition No. 1 (Plat KN 78-179), Section 27, T5N, R11 W, west of Kalifornsky Beach Road south of Ciechanski Road; proposed to be renamed to BLUEBONNET CIRCLE. dd. UNNAMED RIGHT-OF-WAY within Everwell Subdivision (Plat KN 937), Section 30, TSN, R10W, off Knight Drive; proposed to be renamed to EVERWELL PLACE. ee. UNNAMED RIGHT-OF-WAY adjacent to Bayless & Keele Property (Plat KN 840), Section 11, TSN, R9W, located off the Sterling Highway east of Scout Lake; proposed to be named McARTHUR STREET ff. VALLEY VIEW STREET within Sterling Crystal Estates (Plat KN 86-40), Section 5, T5N, R9W, located northwest of Robinson Loop Road; proposed to be renamed to KENT STREET gg. VIEW STREET within Walbar Subdivision (Plat KN 81-127), Section 27, T4N, R11 W, located east of the Sterling Highway near Tote Road; proposed to be renamed to WALBAR STREET hh. WHISPER LANE within Replat of Whisper Lake Subdivision and Addition No. 1 (Plat KN 72-47), Whisper Acres Subdivision (Plat KN 73-69), Longmere Estates Subdivision -Part Four (Plat KN 78-42), Lake View Terrace (Fiat KN 86-166), Sections 19 and 20, T5N, R9W, located near Whisper Lake; proposed to be renamed to COVE STREET. ii. WILLOW STREET within Tim Holt Subdivision (Plat KN 75-133), Joel A. and Madeline F. Rice Subdivision (Plat KN 76-19), Section 21, T5N, R8W, located near Kenai River; proposed to be renamed to RICE STREET. jj. WOODSY COURT within Goresen Estates Subdivision No. 2 (Plat KN 86-140), Section 3, T4N, R11W, located off Echo Lake Road; proposed to be renamed to ESTATE COURT. kk. YALE STREET within Circle Park Estates Addition No. 1 (Plat KN 80-118), Circle Park Estates Subdivision Addition No. 2 (Plat KN 84-44), Section 13, T5N, R11W, located north of Ciechanski Road; proposed to be renamed to STANFORD STREET. HUMPY ROAD within Stephenkie Alaska Subdivision Alaska State Land Survey 73-146 (Plat KN 79-83), Kenai River Keys Subdivision (Plat KN 76-62) Amended (Plat KN 92-44), Sections 26, 35, 36, T5N, R8W, off Kenai Keys Road; proposed to be renamed to LYON DRIVE. G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Plat Waiver Requests a. Lande, Bette L. KPBPC Resolution 96-10: Granting a platting waiver for certain lands within Section 12 Township 4 North, Range 11 West, Seward Meridian, Alaska (Kenai Recording District); KPB File 96- 063 b. Pollard, Clayton James KPBPC Resolution 96-11: Granting a platting waiver for certain lands within Section 29, Township 3 North, Range 11 West, Seward Meridian, Alaska (Kenai Recording District); KPB File 96- 060 2. Exception to Platting a. Rinehart Subdivision Block Twenty KPB File 96-014 CONSIDERATION OF PLATS 1. Newton Subdivision Skyline Drive, north of Homer Preliminary; Ken Branch KPB File 96-055 2. Bayview S/D No. 7 Homer City; Preliminary Rogerlmhoff KPB File 96-056 Hakkinen Estates Kenai City; Preliminary McLane Consulting Group KPB File 96-058 4. Clear View S/D No. 4 Seward City; Preliminary Johnson Surveying KPB File 96-059 5. Stewart Petroleum Tract 1 Trading Bay; Preliminary BTS/LCMF Joint Venture KPB File 96-061 6. Heather Woods West Poppy Lane; Preliminary Integrity Surveys KPB File 96-062 J. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS 1. Tustumena Lake; Boat Basin and Access Channel; Sipes; AK9505-53AA K. OTHER/NEW BUSINESS 1. KPBPC Resolution 96-12: Establishing a Time Restriction for Kenai Peninsula Borough Planning Commission Meetings 2. Resolution 96-035: Declaring the Intent of the KPB Assembly to Establish a Kenai River Planning Commission 3. Ordinance 96-14: Enacting KPB Chapter 21.13 Requiring Permits for Certain Land Uses Within the Borough L. ASSEMBLY COMMENTS M. DIRECTOR'S COMMENTS N. COMMISSIONER COMMENTS O. ADJOURNMENT The next regularly scheduled Planning Commission meeting is May 13, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning and Zoning Commission March 27, 1996 Minutes 2. AML Legislative Bulletin #19-14 April 12, 1996 ~ ~~ ,~~_. ~~~ 1996 Kenai Peninsula Borough ,.,. . Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 ~ ~! FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF APRIL 8, 1996 RE: Herman Subdivision No. 2 Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent April 12, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Johnson Surveying, Box 27, Clam Gulch, Alaska 99568. Subdivider/Petitioner: Larry Meyer, P.O. Box 134, Kasilof, Alaska 99610-0134. / '~ 4g 'Y 4~ . KPB File Number: 96-046 AGENDA ITEM I. CONSIDERATION OF PLATS 2. Herman Subdivision No. 2 (Preliminary) KPB FILE 96-046 Staff report as read by Maria Sweppy. PC Meeting 04/08/96 Location: Cheryl Street within the City of Kenai Proposed Use: Residential Zoning: Suburban Residential Sewer/Water: City Supporting Information: The proposed replat will combine Lots 2, 3 and 4, Herman Subdivision, into one larger lot. The parent plat dedicated the adjacent 33 feet of Cheryl Street. The western 33 feet shown on the plat has not been formally dedicated and should be shown as part of Government Lot 33. The Kenai Planning and Zoning Commission recommended preliminary approval on .February 28, 1996. Discussion centered on the location of the subdivision in relation to various rights-of-way as shown on the vicinity map. STAFF RECOMMENDATIONS: 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 PRGVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Vicinity Map -Subdivision appears to be incorrectly placed. Please correct. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Identify existing easements and label use; or cite record reference. 3. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 4. SuNey and monumentation to meet Ordinance requirements or an exception having been granted. 5. The note [There are no buildings located on these lots.] is to be removed. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. State of Alaska, Department of Environmental Conservation requires their approval on the final plat and recorded instruments in accordance with 18AAC Chapter 72 Article 3. 8. Compliance with Ordinance 90-38 (Substitute) -Ownership. 9. Compliance with Ordinance 90-43 -Easement definition. 10. 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: Vice Chairman Bryson moved, seconded by Commissioner Whitmore-Painter, to grant approval of the preliminary plat subject to staff recommendations. Commissioner Johnson abstained from discussion and voting. KPB PLANNING COMMISSION APRIL 8, 1996 MEETING PAGE 22 UNAPPROVED MINUTES VOTE: The motion passed by unanimous consent with one abstention. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES YES YES ABSENT COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES YES ABSTAINED YES ONE ABSTAINED ONE ABSENT KPS PLANNING COMMISSION APRIL 8, 1996 MEETING PAGE 23 UNAPPRQVED MINUTES 4 i ~ Kenai Peninsula Borough Planning Department ~ A~~ 199 144 North Binkley ~ ~ ~^;~~ ~~ Soldotna, Alaska 99669-7599 ~ ~~~ : -'~'~ ' (907) 262-4441, extension 260 FAX (907) 262-8618 ~' • • ~ April 12, 1996 NOTICE OF PLANNING COMMISSION ACTION MEETING OF APRIL 8, 1996 RE: Original Townsite of Kenai, J.C. Bookey Addition Preliminary Plat ~ The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This ncitce and unapproved minutes of the subject portion of the meeting were sent' .....April 12, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Wince-Corthell-Bryson, 609 Marine, Suite 250, Kenai, Alaska 99611. Subdivider/Petitioner: James & Mary Bookey, P.O. Box 514, Kenai, Alaska 99611. r.~' n KPB File Number: 96-049 AGENDA ITEM I. CONSIDERATION OF PLATS 'I 5. Original Townsite of Kenai, J.C. Bookey Addition (Preliminary) KPB FILE 96-049 Staff report as read by Maria Sweppy. PC Meeting 04/08/96 Location: Overland Drive within the City of Kenai Proposed Use: Commercial Zoning: Central Commercial Sewer/Water: City Supporting Information: The purpose of the replat is to combine Lots 1 and 2, Block 3, U.S. Survey 2990 A & B, into one lot. The new configuration will better facilitate future construction of a new building. Exception( Requested: 20.20.180 - 3:1 depth to width ratio -existing parcels. The new lot will be a wide shallow lot, not the long narrow lots for which the 3:1 depth to width ratio is normally concerned. Planning staff reviewed this request and recommends granting the exception as requested even though staff does not feel it is necessary. The Kenai Planning and Zoning Commission reviewed this plat on March 27, 1996 and recommended approval. STAFF RECOMMENDATIONS: 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 FOLLOWS: No additional preliminary information is required. .ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Identify existing easements and label use; or cite record reference. 3. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 4. Place note on plat "No access to State maintained rights-of-way permitted unless approved by State of Alaska Department of Transportation." 5. Conform to conditions of KPB Planning Commission Resolution 78-6. 6. State of Alaska, Department of Environmental Conservation requires their approval on the final plat and recorded instruments in accordance with 18AAC Chapter 72 Article 3. 7. Compliance with Ordinance 90-38 (Substitute) -Ownership. 8. Compliance with Ordinance 90-43 -Easement definition. 9. 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 Whitmore-Painter moved, seconded by Commissioner Coleman, to grant approval of the preliminary plat subject to staff recommendations. Vice Chairman Bryson abstained from discussion and voting. KPB PLANNING COMMISSION APRIL 8, 1996 MEETING PAGE 25 ~1~lAP~R~Je/E~ M1~-~_I?' VOTE: The motion passed by unanimous consent with one abstention. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES ABSTAINED YES YES YES ABSENT COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES YES YES YES ONE ABSTAINED ONE ABSENT KPB PLANNING COMMISSION APRIL 8, 1996 MEETING PAGE 26 CITY OF KENAI ~aG 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ ~~~r -,, 1~II'1 ' ~, 1992 4'? APR 1996 ~, Bruce Phelps, Manager ~''' ' Division of Lands Department of Natural Resources 3601 C Street Anchorage, AK 99503 April 17, 1996 ,~ i ,o: Re: Potential Land Swap Thank you for meeting with Mayor Williams, Tom Manninen, Jack La Shot and I yesterday to discuss your department's proposal for a potential land swap. One of the possibilities we examined was an exchange that would enable the City to sell two blocks along Lawton Street, adjacent to the Kenai Golf Course. We would like to sell the property for residential development. The City owns the property; however, in 1980 it was dedicated to outdoor recreation. Joy Bryan and Brian Badden with Alaska State Parks are familiar with our situation at the Kenai Golf Course. They have been in contact with the National Park Service on our behalf. Unfortunately, National Parks maintains that because the two blocks are within the dedicated area, the property can't be sold. Enclosed is a partial as-built survey of the golf course area for your information. It indicates the dedicated outdoor recreation land and the blocks within it we wish to sell. As we discussed in our meeting, perhaps an arrangement can be made to exchange some of Kenai's wetlands for the release of the property adjacent to the golf course. If you have any questions about this matter, or wish to speak with any of us about this further, please contact us at 283-7530. Sincerely, m Howard Administrative Assistant Enclosure cc: Mayor John Williams ~'om Manninen, City Manager / Jack La Shot, City Engineer ;. _ ,r, ~; ... _ ._f ~.~a i ..,r __ ` I__ _. Wi ~ih t ':il p ~. i S .......... ~ __ ,_ EN'I r~ - tit,. __. J ev I. L1.'.;.iuP~ II/..~.~,r. ,}, ~~ 1 ~~ J. ~er;iioil I iRS~ Lr~ er•,eni, _. _. _ ~~° ~i 13(0~~% 1 Hlocl~, ~~ '_ 1 _. t F r i r~u~a ,y i 1 ~~3 _._`~ ~~ l t' ~,, r-« ~n ;~ ~.r ,"~ IJC (1 ~~.' °• °° r:~;~~ i C„~ /Di~olef fr ,~.GG D.ei~~~.c.C Y3 ~e ~e~o/Lec,h~ict ~e,ciC. CITY OF KENAI j~~- ,~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~'d w-r~~r 1III'~ 1992 To: Honorable Mayor John Williams & City Council From: Thomas J. Manninen, City Manager ~1~ii Date: April 16, 1996 ~V~ RE: APRIL 16 MEETING WITH BRIICE PHELPS, DEPARTMENT OF NATIIRAL RESOIIRCES (DNR), DIVISION OF LANDS MANAGER, REGARDING CITY/DNR POTENTIAL LAND SWAP Jack La Shot, Kim Howard, Tom Manninen and Mayor John Williams met with Bruce Phelps, Manager DNR, Division of Lands, to discuss potential land swaps with the existing City-owned 2,100 acres of Kenai River wetlands area and available DNR property. After much discussion, the City expressed interest in having the 12 lots adjacent to the golf course property released so the City can develop them and in acquiring the State-owned half of Birch Island. Also, the City expressed interest in a site along Candlelight on the Kenai Spur and next to the Kenai Central High School for public use for the ice rink, as well as a parcel along Beaver Loop for a potential gravel pit operation. Tentatively, the City discussed trading or swapping two or three islands in the Kenai River, from Beaver Creek towards the mouth of the River, in exchange for the Birch Island property and releasing the 12 lots by the golf course. Furthermore, a quid pro guo exchange would be arranged for other properties, if agreed by City Council, to be exchanged for available City of Kenai owned wetlands or river bottom lands. Mr. Phelps advised that there is a five or six month "opportunity" window available to do these land swaps. There may also be a potential of involving the Exxon Valdez Oil Trust Council, the Alaska Department of Fish and Game, the Alaska Department of Parks, as well as DNR in eventual negotiation for acquisition of the City's entire 2,100 acre balance of lands along the Kenai River in exchange for money and/or lands for the City to set up a "trust fund." The general tone of the meeting was very positive. The window of opportunity may provide the City with a unique chance to swap City-owned Kenai River wetlands and river bottom lands for DNR/State lands and/or money from the various State agencies. It looks like a "win-win" situation for both the agencies interested in preserving the Kenai River and the City of Kenai's interest in developing a land trust "permanent fund." CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 91 n ~Q w ~ .~ ~~1 l.~-t~. t~^ 5 r d ~ I® Chi ~n~~S Memorandum To: Planning & Zoning Commission - t ~~~ ` ~ Fr: Randy Ernst, Airport Manager /` Date: April 23, 1996 Re: The Kristine A. Schmidt Rezoning Application As you know the City of Kenai has retained a consulting firm to draft a new airport master plan under Federal Aviation Administration guidelines. The master plan will include an in depth evaluation of airport noise and noise impact to areas surrounding the Kenai Municipal Airport. Concerns dealing with airport noise or any other airport related activity should be directed to this consulting firm. Work on the new airport master plan has just begun and is expected to last another two years. There is ample time for public comment and input by direct communications or through the Public Hearing process. The Schmidt proposal seems to be a "knee jerk" reaction to unwanted development within the City of Kenai, rather than consideration of noise impact to the area adjacent to the airport. The consulting firm is: Aries Consultants Ltd. 16360 Monterey Road, Suite 270 Morgan Hill, California 95037 Telephone (408) 779-5776 Fax (408) 779-9052 3' Sh~~~a R. Sh~lden `103 5 Cam6~2 I~~a~ ,~K q9~ l K~~o. ~ c ~5; c1~n+ ~r ~3 ~~a~5 ~ Qom ca i,~rwt ~~~ ~ ~ ~~..(~lY ~~ ~'~ ~ ~cll fYY~QlYU~ ~~d~: I. L'~o ~a ns~a~t (~ ~Jc~~cLl,o.,~n,~~.~v,.~ ~O.rr~ ~s~~u~ ~.ot ~ C~.LL~,C~t rn~~a~. /.,o .C~~~9.0 ~C~.~ ~ iZ~ ~?~Q~l~ c,~ ~Ot v~ . T o Get. Cl cn,~"~'1 MN~tQ- ~/-s~ ~L~ 0~ C~~ ~ ~- ~QUlL4IYYl . ~r~~~~-~c~- ~ dl c-~m~~f1v. c~ oar l ei Iw~t b m~-~ ~44~r~ ls~t C.~ o~l~ ~ ~9 ~h ~ "n~ ~,. int. ~ -~-~~ Sao ~n -iv c~~~_ .~~~ c~1 ~~~rn~ ~' - 1~~~.~_ - --- ~~~~ ~~~L- • d ~4 Kristine A. Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283-7102 H / (907) 283-7373 W / (907) 283-2835 Fax Apri124, 1996 City of Kenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, AK 99611 Re: Resolution PZ 96-26 (Kenai airport noise zone) STATEMENT BY APPLICANT -PLEASE READ ON THE RECORD Dear Commissioners: I am unable to attend the April 24, 1996 hearing because I have to teach at Kenai Peninsula College from 7:00 p.m. to 10:00 p.m. that night. Please read this letter on the record. During April and May 1995, over 100 Kenai residents signed a Petition To Amend the City of Kenai Code, pursuant to KMC 14.20.270, with a proposed ordinance attached, establishing an airport noise overlay zone around the Kenai airport. On May 10, 1995, on behalf of the petitioners, I delivered signed copies of the Petition to the Planning and Zoning Commission. The purpose of the Petition was to address two problems: (1) protection of residential areas near the Kenai airport from noise and fuel pollution created by the airport, and (2) new substandard subdivisions, like Richka Park Estates, proposed for the undeveloped areas near the Kenai airport. The petitioners have prepared a position statement which is to be presented to the Commission at the April 24, 1996 hearing on the Petition. This letter contains my personal comments on the petition. 1. The Commission should establish a Kenai airport overlay zone to protect residential areas near the Kenai airport from airport traffic. Noise and fuel pollution from the Kenai airport has increased substantially over the 11 years I have lived in Woodland Subdivision, near the airport. This goes on 24 hours a day, 12 months a year. Many of the airplanes, both commercial and private, fly far too close to the homes in Woodland Subvision, in violation of FAA rules, shaking the houses on their foundations, and putting homeowners in danger from crashes, such as the Southcentral Air commuter plane -which crashed into a home just a few blocks from our house. There is no enforcement of the FAA minimum altitute rules by either the FAA or the City of Kenai. There is no airport noise abatement plan, as far as I know. The noise interrupts sleep and the peace and quite of the neighborhoods around the airport. Since the airport is owned by the ,- ~ ~. ~ City, the City can act to protect residential areas near the airport from excessive noise and dangerous overflights by airport traffic. That is one purpose of requesting an overlay zone. The legal description of the zone is certainly open to amendment where necessary. The area proposed for the airport overlay zone was written in haste, because of the time factor in May 1995 -the Richka Park Estates subdivision plat was in front of the City for approval, and the petitioners needed to get something in writing to get a hearing before the Commission. The intent was to include at least all parcels adjacent to the airport, but it was not possible in that short time to get a more accurate legal description written, because there are so many small parcels near the airport. So we used sections to describe the area, because sections would include all the parcels adjacent to the airport. The purpose of the Petition was to start a public process whereby a.zone could be established, not be the final proposal itself. 2. The Commission should establish a Kenai airport overlay zone to regulate new subdivision development in the zone. The undeveloped property around the airport is the last and only buffer area between existing residential areas and the Kenai airport and float plane basin. The trees, vegetation and ground area act to protect residential areas near the airport from noise and other pollution caused by airport traffic. If the City allows this buffer area to be developed, especially in the manner proposed for Richka Park Estates Subdivision, then the following will occur: (1) the residential areas around the airport will be subjected to increased noise and other pollution caused by airport traffic, which will lower property values and be a nuisance; (2) the new homeowners, as well as the existing homeowners, will sue the City because of the noise and other pollution caused by the airport. Allowing homes to be built adjacant to the airport, as proposed for Richka Park Estates subdivision, is just a lawsuit waiting to happen. I have lived in several big and small cities in the lower 48, where the cities had to buy out homeowners for miles around the city airport, or construct expensive walls, to protect residential areas from airport and street traffic noise and fuel pollution -- all at taxpayer expense. The taxpayers of the City, including myself, do not want to pay for the costly mistake of removing buffer areas and allowing housing development near the airport. The Commission should act now to restrict development adjacent to the airport -- to allow new development is not acting in the best interest of the taxpayers and residents of this City. Another serious problem with new development proposed for the undeveloped area between the airport and Woodland Subdivision is the lack of infrastructure to support new development. This is a City-wide problem. The taxpayers of this City do not want to continue to subsidize subdivision developers who refuse to put in paved roads, water and sewer, lights and schools for new ~ subdivisions in this City. City taxpayers always end up paying for these services . with our taxes, such as in Inlet Woods Subdivision, and it is time for the City of -2- ;- , . Kenai to put a stop to this practice. Numerous other cities in the lower 48 require subdivision developers to pay for the costs to the infrastructure as part of the subdivision process, instead of municipal taxpayers. The proposed Richka Park Estates subdivision, to be built right next to the airport, highlights this problem. The roads in the area around Richka Creek, especially Forest Drive, cannot support large increases in traffic from new subdivision development. The City water and sewer systems around Richka Creek are already over capacity, with extremely low water pressure. The local elementary schools are beyond capacity. The Richka Creek drainage cannot support large landfills and on site septic systems, such as those proposed for that subdivision. The Commission must develop better, more responsible standards for new subdivision development in the areas around the airport, and the rest of the City. The proposed prime residential zone is just the first step. 3. The staff report does not address the problems which lead to the petition. The "Staff Report" objects to the Petition without addressing the problems which lead to the petition. The large area objected to can be amended. No one has heard anything about an "Airport Master Plan", if one exists, so it hard to see how this would be an option. There is nothing in the Staff Report to support the following statements, so they should be disregarded: "the liability to the City for essentially stopping development could be huge"; "Many other cities in the lower 48 have imposed building moratoriums with the only real effect to the community being economic decline"; "this may be considered a 'Taking' as defined in recent court decisions". On the contrary, to my knowledge, many other cities in the lower 48 require subdivision developers to pay their fair share of real development costs: roads, water and sewer, schools. Many other cities regulate airport traffic to protect residential areas near the airport. Many other cities have been forced to pay enormous sums to property owners damaged by nearby airport and traffic noise. The Commission should act now, before new development occurs which damages existing residential areas near the Kenai airport. ~ti~~,F ~~,~r -3- q r f!. i ~ Apri123, 1996 City of Kenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, AK 99611 Re: Resolution PZ 96-26 (Kenai airport noise zone) STATEMENT BY PETITIONERS During April and May 1995, over 100 Kenai residents signed a petition to the Planning and Zoning Commission requesting that the City of Kenai establish an airport noise overlay zone around the Kenai airport, to address two problems: (1) protection of residential areas near the Kenai airport from noise and fuel pollution created by the airport, and (2) new substandard subdivisions, like Richka Park Estates, proposed for the undeveloped areas near the Kenai airport. The following points discuss in more detail the reason for this petition and the concerns of the petitioners. 1. Kenai airport traffic is a nuisance and is dangerous to residential areas around the airport. Enormous increases in Kenai airport traffic over the last 10 years, especially in the summer months, have lead to increased noise and fuel pollution, and increased risks from crashes, which endanger and are a nuisance to residential areas near the airport. Flight patterns, flight times and minimum altitude requirements are not enforced by the City or the FAA, which leads to incidents such as the Southcentral Air crash on 4th Avenue, large jets doing take off and landings right over residential areas at inappropriate time, and the five times a day Air National Guard or Coast Guard C-130s, which fly directly over houses in the residential areas near the airport. Our goal is to establish an overlay zone where air traffic is controlled to avoid conflicts between. the airport and the residential areas near the airport. Many cities in the lower 48 have municipal airport traffic restrictions to protect nearby residential areas. 2. New subdivision development in the Kenai airport noise zone will be harmful to existing residential areas near the airport. The undeveloped property around the airport is the last and only buffer area between existing residential areas and the Kenai airport and float plane basin. The City of Kenai removed the only other buffer area to build the float plane basin, which increased the noise level. Our goal is for the City of Kenai to purchase or trade for property as a buffer area around the airport, to protect residential areas near the airport from existing and future airport traffic. The City has already been sued over increased airport noise, and the risk to Kenai taxpayers of more suits will only increase if the City allows new subdivision development near the airport. Many cities in the lower 48 have been -1- ~~ forced to purchase residential subdivision lots near airports because of noise and fuel pollution from the nearby city airport. If the City acts now to set aside a buffer area between the airport and existing residential areas, City taxpayers will be saved millions of dollars in future lawsuit and property purchase costs. Many of the petitioners were stunned to receive notices from the City in March 1995 that a new subdivision was being proposed for the area around Richka Creek between the Kenai airport and Woodland Subdivision. People in the area were told for many years by City officials, real estate agents and builders that this area was owned by the City. The undeveloped area around Richka Creek has protected residential areas near the airport for decades. The City does own all of the lower Richka Creek drainage; and our goal is to have the City obtain title to the upper Richka Creek drainage, by purchase or land exhange, to protect this area for future generations of Kenai residents, before it is developed. .Allowing development of this area will only increase the purchase price: 3. The current infrastructure cannot support new development in the residential area surrounding Richka Creek. The roads in the area around Richka Creek, such as Forest Drive, Birch Street and Spruce Streets, and 4th and 5th Avenues, cannot support large increases in traffic from new subdivision developments. The City water and sewer systems in the Richka Creek area are already over capacity, leading to the extremely low water pressure. These systems also cannot support in their current state new, high density subdivision developments. Sears Elementary and Mountain View schools are beyond capacity, to the point where many Kenai children cannot attend their neighborhood schools anymore, and must be bussed across town. The fragile ecosystem of the Richka Creek drainage, cannot support large landfills and on site septic systems, such as those proposed for the Richka Park Estates Subdivision development. Our goal is to work with the City Planning & Zoning Commission to develop standards for subdivision development in the areas around the airport. We have started this process by recommending a new prime residential zone, which the Commission is considering at this time. .Many cities in the lower 48 ,have such development standards. -2- City of Kenai ~p~r g~, Public Works Department ~ ~ 210 Fidalgo, Suite 200 ~_ . ,~ Kenai, AK 99611-7794 ~ (907) 283-7535 ~ fax: 283-3014 a FAx D To: Peninsula Clarion -Kit Fax: 283-3299 From: Kathy Woodford, Public Works Admin. Assistant Date: April 19, 1996 Pages: 1 ,i' _ Urgent _ For Review _ Please Comment Reply Kit: Please run the following ad on April 23, 1996 in the legal notice section. I will fax you a purchase order as soon as you call me with a quote. Thanks. ~~ c~~ Kath Wo ord Y Public Works Admin. Assistant CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 24, 1996, 7:00 p.m. A. B. C. D. E. PERSONS PRESENT SCHEDULED TO BE HEARD. CONSIDERATION OF PLATS. PUBLIC HEARINGS: 1. PZ96-24 -Conditional Use Permit - Guide Service Continued from 4/10/96 -Lowe 2. PZ96-26 -Rezone -Airport Protection Zone -Schmidt 3. PZ96-27 -Conditional Use Permit - Private Primary School - Hershberger 4. PZ96-28 -Enhanced 9-1-1 Mapping and Addressing Project NEW BUSINESS: 1. PZ96-29 - Landscape/Site Plan Review - Gensel 2. Application for Lease -Lot 4, Block 5, Cook Inlet Industrial Park & ROW 3. PZ96-30 -Home Occupation Permit -Child Care - Carlough 4. PZ96-31 -Home Occupation permit - Secretarial/Bookkeeping Service -Kautz OLD BUSINESS: 1. Prime Residential Zone (Christian) V~ t City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 Fax To: Peninsula Clarion (Attn: Kit) From: Marilyn Kebschull Fax: 907-283-3299 Pages: (Two) Phone: 907-283-7551 ate: April 11, 1996 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Kit: I would like to run the following announcement on April 15 and April 17, 1996, under "Legal Notice." Please call me as soon as possible with a quote. Thanks. City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 F1X To: Peninsula Clarion (Attn: Shannon) From: Marilyn Kebschull `` Fax: 907-283-3299 Pages: (Two) Phone: 907-283-7551 ate: March 28, 1996 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Shannon: I would like to run the following announcement on April 3 and April 5, 1996, under "Legal Notice." Please call me as soon as possible with a quote. Thanks. ° D z T March 28, 1996 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 PUBLIC HEARING NOTICE The City of Kenai Planning & Zoning Commission will hold the following public hearings on April 10, 1996 at 7 p.m.: 1. An application for a Conditional Use Permit for a Gas Well at Tract A, Kenai Spit Subdivision, No. 2. (Resolution PZ96-23) 2. An application for a Conditional Use Permit for a guide service and boat parking to be located at Lot 9, Anglers Acres Subdivision, Part 3, Kenai, Alaska. (PZ96-24) 3. Proposed ordinance to allow halfway houses by Conditional Use Permit in certain zones and to prohibit their establishment in other zones. Zones considered include Central Commercial (CC), Light Industrial (IL), and Heavy Industrial (HI). Proposed ordinance would otherwise prohibit establishment of halfway houses within the City of Kenai. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony. concerning these items should do so at the hearings or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to April 10th. For more information please contact the Planning Department at 283- 7933. Publish: April 3 and April 5, 1996. • Page 2 Roll Call -Vote Planning & Zoning Meeting Date: ~~ ~ ~~ - ~ ~~~/ ~ . / lnG3 In C1 I ,n h ~n(~ , ,~ ~ InA f a~ I .,o~~ Resolution No. roll-call Cad Glick ~` ~ Phil Bryson , / v ~ •`/ i ~ l 1l T ~ f Y a~ ~,~ Teresa Wemer-0uade r ~ Karen Mahudn ~/ / } Ron Goedce ~ ~ ~ ~I B~ePPn~' Kevin Walker ~, Also Present: Jack La Shot, City Engineer, ~_(65,~, _ Resolution No. Cad Glick `~ $ Phit Bryson ~ ~ ~ d Teresa Wemer-0uade Y Karen Mahurin ~' Ron Goedce ~,~ ~ ~ ~~ ~, ~c~1 _ . Kevin Walker '~ Notes: SIGN IN SHEET PUBLIC HEARING-- , 1996 NAME 'ADDRESS 3' ~~ ~ 5 ! ~--' ~ 6' ~ 7' ~ `T ~ ~/ ~ 8' p Q~~j,CBC ~ t P~i.~~ ~ ~~ I~ ~f ~V L 9; i ~I p 7U C 10 ~ ~C) ~ ~~ 6 ~ ~ ~ ~ ~ C ~ ~~( 12 ~ ,~ ~~~~~ ~ 13! ~ ~ 14, ~ ~ ~ 15 ! ~ '~~ ~~ ~~ ~.':~ 16! Y~~ ~ cc 4~~ ~~. GL, p' 18 i '. 19' 20 21' 22' '' Page 1