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HomeMy WebLinkAbout1996-05-08 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo May 8, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: Apri124, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-32-Encroachment-Lot 2, Block 2, Spruce Grove Subdivision b. PZ96-33-Variance-Lot 23, Block 4, Basin View Subdivision c. PZ96-34-Conditional Use Permit-Lot 20, Anglers Acres d. PZ96-35-Conditional Use Permit-Tract A, Block 1, Bridge Road Subdivision No. 2 e. PZ96-36-Variance-Lot 10, Block 7, Inlet View Subdivision f. PZ96-37-Conditional Use Permit-Gov't Lot 5, Section 11, TSN, R111W, S.M. 7. NEW BUSINESS: a. PZ96-30 -Home Occupational Permit -Child Care - Carlough (Continued from 4/24/96) 8. OLD BUSINESS: a. Prime Residential Zone (Christian) b. Purchase or trade of Richka Park Property for Airport Buffer Zone (Discussion) 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Page 2 Agenda May 8, 1996 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action - Hakkinen Estates Preliminary Plat b. US Army Corps of Engineers Public Notice of Application for Permit 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 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: 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 - Secretarial/Bookkeeping Service -Kautz S. 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: l- 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: PLANNING AND ZONING COMMISSION UNAPPROVED '~ MINUTES April 24, 1996 Chairman Kevin Walker 1. ROLL CALL Members present: Glick, Bryson, Bryson, Werner-Quade, Mahurin, Goecke, Walker Members absent: Booth Also present: Jack La Shot, City Engineer and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA Chairman Walker noted the hand-outs for Item 6-b and asked that they be added to the agenda. MOTION CARL GLICK MOVED FOR APPROVAL OF THE AGENDA WITH THE ADDITIONS TO 6-b AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES -April 10, 1996 MOTION CARL GLICK MOVED FOR APPROVAL OF THE APRIL 10, 1996 MINUTES AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. Karen Mahurin asked that it be shown she was present at the April 10, 1996. With the change in roll call the MOTION PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. CONSIDERATION OF PLATS None 6. PUBLIC HEARINGS a. PZ96-24 -Conditional Use Permit -Guide Service Continued from 4/10/96 -Lowe -.l ,Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 2 MOTION RON GOECKE MOVED TO BRING BACK AND APPROVE OF PZ96-24 -CONDITIONAL USE PERMIT - LOWE. PHIL BRYSON SECONDED. Walker asked for additional staff comment. La Shot stated he contacted Lowe who indicated he would like a three boat limitation placed on the permit. La Shot said the same limitation has been placed on other permits issued. There being no public testimony Walker brought the item back to the commission for discussion. AMENDED MOTION CARL GLICK MOVED TO AMEND THE MAIN MOTION AND ADD THE THREE BOAT LIMIT. PHIL BRYSON SECONDED. Glick stated Beaver Creek gets pretty narrow and it could be easy to get too many boats in there. He said the commission (six -seven years ago) began issuing permits with such a limit on boats. VOTE -AMENDED MOTION Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes AMENDED MOTION PASSED VOTE -MAIN MOTION Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. b. PZ96-26 -Rezone -Airport Protection Zone -Schmidt Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 3 MOTION KAREN MAHURIN MOVED FOR APPROVAL OF PZ96-26, REZONE. THERESA WERNER-QUADE SECONDED. Walker asked for additional staff comment. La Shot stated he had nothing additional. Walker asked for public testimony. Michael Christian, 613 Maple Drive, Woodland S/D. Christian read the following from the Statement By Petitioners. "During April and May 1995, over 100 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 major problems: protection of residential areas near the Kenai airport from noise and fuel pollution created by the airport, and new substandard subdivisions, like Richka Park Estates, which were proposed, at that time, for undeveloped areas near the airport. The following points discuss in more detail what this petition intends to do. (Or why we brought it up.) The airport traffic is a nuisance and is a danger to residential areas around the airport. Enormous increases in airport traffic, especially in the summer months, have led to increased noise and fuel pollution, increased risks from crashes which endanger the area and area a nuisance to residential areas near the airport. Flight patterns, flight times, minimum altitude requirements are not enforced by the city or by the FAA which lead to incidents such as the South Central Air crash, which landed on Fourth Avenue and resulted in fatalities, large jets doing take offs and landings over residential areas at inappropriate times, which happened last year in June, I believe, and five times a day the International Guard and the Coast Guard C-130's will fly directly over the houses and the residential areas near the airport. Our goal is to establish an overlay zone where air traffic is controlled to avoid conflict between the airport and residential areas near the airport. Many cities in the lower 48 have municipal airport traffic restrictions to protect nearby residential areas. Anew subdivision development in the Kenai airport noise zone will be harmful to existing residential areas near the airport. The undeveloped property around the airport, specifically on the west side is the last and only buffer area between the existing residential areas and the Kenai Airport and Float Plane Basin. The City of Kenai removed the only other buffer zone, at least the trees, in order to put in the Float Plane Basin which increased the noise level itself. Our goal is for the City of Kenai to purchase or to trade for property as a buffer area around the airport to protect the residential areas Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 4 near the airport from existing and future airport traffic. The city has already been sued over increased airport noise and the risk to Kenai tax payers of more suits will only increase if the city allows new subdivision development near the airport. Many cities in the lower 48 have been forced to purchase residential subdivision lots near airports because of the noise and fuel pollution from nearby city airports. 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 law suits and property purchase costs. (Here Mr. Christian skipped one paragraph in the letter.) The current infrastructure cannot support new development in the residential areas surrounding Richka Creek, which was proposed at the time and is still pending. The roads in the area around Richka Creek such as Forest Drive, Birch and Spruce Streets, Fourth and Fifth Avenues, cannot support large increases in traffic from new subdivision development. The city water and sewer system in Richka Creek area are already at capacity or over, leading to extremely low water pressure. These systems also cannot support, in their current state, new high density subdivision development. Sears Elementary and Mountain View Schools are beyond capacity. At this point many Kenai children cannot attend neighborhood schools any more and must be bused across town. The fragile eco system of the Richka Creek drainage cannot support large landfills and on-site septic systems, such as those proposed in the Richka Park S/D. Our goal is to work with the city Planning and Zoning Commission to develop standards for subdivision developments in the area 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." Christian said he is aware most peoples concern is the two year moratorium. He stated the point of this moratorium is to get some action started. Christian added what he (and others involved in the petition) want is for the commission to plan for the future of the airport area, to zone it so that residents there now will be protected from future growth, traffic and larger airplanes. He added the flight patterns go right over these subdivisions, stating he has even found an inspection plate in his yard that had fallen off a plane. Raphael Moore, 415 Birch St. Mr. Moore stated he feels this (Richka Creek S/D) is all uncalled for, and has caused nothing but trouble since it started. Moore said he doesn't understand why the builders don't buy other property that is available in the city to develop. He stated all the residents on Birch want to do is keep a quiet neighborhood. Moore said there are too many children in the area to add extra traffic, etc. George Silides, 508 Ash. Mr. Silides stated his endorsement of Mr. Christian's statements. He said Richka S/D will do Kenai no justice because it is a substandard ~~) Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 5 subdivision. He stated in southern California, areas that achieve a high density residential are not good places to live in, they end up more like shelters than homes. He added his statements from previous public hearings regarding Richka Creek S/D are on record. Leon Quesnel, 516 Hemlock. Mr. Quesnel stated he moved into Woodland S/D when it first opened up in 1968. He stated his concurrence with Mr. Christian's statement. He said he is not trying to stop people from building homes, but he does worry about the type of houses, and high density population that will be the result. He urged the commission to give deep consideration to this issue. Sherry McBride, 1111 5th Ave. Mrs. McBride said Richka Park would be right next door to her home. She commented on the area Hall began working on last year, stating since then she chases kids from the woods, they dump garbage, and are back there drinking, etc. She said she has tried to block the road with logs to keep people out. McBride stated the issue of children playing and the traffic is a major concern to her. She said the police. do not patrol in the area, she has to chase kids out from the woods. Mrs. McBride suggested the city purchase the land to keep a buffer zone, maybe .use for school. Sandra Vozar, 929 Mission. Mrs. Vozar stated she has been at the Toyon Villa since 1974. She said airplanes are part of normal development in any growing city. Vozar stated she against a moratorium on development in Kenai, adding that maybe in Woodland S/D it would be ok, but not all of Kenai. Vozar said you can't go around telling people they can't develop their own property. She stated subdivision covenants should cover what can and can't be done in an area. Vozar reiterated that the airport is a normal part of community development and added it is also a major source of income for the city. Concerning the dumping of garbage, she suggested calling the police and asking them to take care of it. She closed stating that if this commission puts a moratorium on building in Kenai then we may as well "turn out the lights on our way out!" Barb Christian, 613 Maple. Mrs. Christian stated she wanted to voice her opinion since she had not done so when the public hearing was held for the Float Plane Basin, and now she wished she had. She said she is not against growth, she just feels the area needs to have careful planning in order to protect the residential areas that are there now. Malcolm McBride, 1111 5th avenue. Mr. McBride said his father helped to build the Birch Street area. He stated he has seen and signed the petition, and added he is not against building in properly planned areas, but is concerned with the traffic that will be brought to the area if it is developed. McBride said he has seen vehicles going 45 - 50 mph in the area. He mentioned the wildlife that has been and will be affected and also property values for existing homes. -~~ Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 6 Bob Springer, 1206 3rd. Mr. Springer stated that he is speaking as a citizen on this subject. He said that he is not in favor of PZ96-26, stating that it is not Richka Park that is at issue here, it is a nine square mile moratorium on building within the city limits of Kenai. Springer mentioned the impact it would have on builders who make a living building, and homeowners that want to expand or improve their own homes. He said he lives 1 ~/2 blocks from the south runway and has no problem with airplanes. He stated his sympathy with the concerns those that live next to Richka Park have, but added development cannot be stopped. Springer also stated he has 4 houses going in next to him which he is not too excited about, but again, you can't stop development. Bob Molloy, 513 Ash. Mr. Molloy stated his support for Christian and Schmidt's statements. He asked that the community and city work together to do something about the buffer area. Molloy suggested reducing the size of the zone in order to achieve this goal. Molloy said he does not want his taxes increased because the city has to buy back homes or pave substandard subdivisions after then have been developed. Mark Zimmerman, Soldotna. Mr. Zimmerman stated he did not know much about the Richka Park issue but wanted to state that he is not in favor of a 2 year building moratorium over Kenai. He added that development can be dealt with case by case rather than making this kind of moratorium. Gus Rhodes, 207 Birch Street. Mr. Rhodes stated he has researched zoning regulations around airports and found that according to federal law an Airport Plan must be written and so far has not seen one for Kenai. He said he was not notified when the Float Plane Basin went in. Rhodes suggested the moratorium on building around the airport be put on hold until the proper planning and zoning be met. Mike Thrappe, 711 Sycamore. Mr. Thrappe stated his problem with air traffic and vehicle traffic. He said he moved to the neighborhood for a quiet place to live, not where he has to worry when backing out of his driveway. Thrappe stated he is totally against any more building in Woodland and also any more aircraft. He said his shelves in his home almost rattle off the wall and the planes are probably 2 or 3' from the top of his house. Mike Peterson, 404 Birch. Mr. Peterson said he is against building there (Birch area) because he likes living on a dead end street. He stated there are a lot of kids in the area and people watch for them. Peterson said if a road goes through there, the traffic will increase and the kids will then be in danger. He said as far as the noise barrier goes, Woodland would be affected much more than Birch Street. Peterson suggested leaving the area the way it is and possibly find some other place, like Inlet Woods, to develop. Donnelle Russell, 607 Maple Drive. Ms. Russell said she is trying to sell her home. She -~ Kenai Planning and Zoning Commission I Minutes -April 24, 1996. Page 7 stated that she feels removing the trees will cause more noise pollution. Russell said she didn't realize the homes being discussed would have septic tanks and not be hooked to city sewer. She said she does not feel that is right when the city has a sewer system. Russell said traffic can't be controlled that well, consider that before you were there, someone didn't want you there, but, she added, the roads in the area are pretty much maxed out. Russell asked if the city plans on repairing some of the roads that are there, such as dirt roads, and suggested the city also check into the flight patterns of the aircraft using the Kenai Airport. Russell stated she is not against people building homes she just would rather not see multiple family dwellings in the area because she feels it brings down single family dwelling property values down. Mr. McBride questioned the septic system. He asked why the contractor did not hook into city water and sewer. He also asked why the contractor did not pave the roads in new subdivisions, but leave it up to the city to do it later. Walker clarified to the audience that the issue before the commission is a rezone of the property, not Richka Park Estates Subdivision. He did ask Mr. La Shot to respond to Mr. McBride's questions. La Shot said the lot size as shown on the existing preliminary plat for the area shows lots that exceed 20,000 sq. ft., which does meet the minimum for RR zone. He said these lots are probably one-third larger than lots in Woodland. He stated the develope r chose to install septic systems on one street in the subdivision, at this time. La Shot added the DEC has not yet approved of the plans and until that time, nothing will be done. La Shot said the water and sewer system can handle a new subdivision in the area and that he has required, in his review, the developer to pave the streets. Donnelle Russell asked if the rest of the Float Plane Road would be paved. La Shot said from 5th Street into the subdivision. There was some discussion among the audience regarding the water system being at full capacity. La Shot stated there will be some extra demand on the system, but it would be able to handle it, and also mentioned the new well the city is working on. Goecke stated his feeling that blocking out this much of Kenai to building would be highly detrimental to the city's growth. He said he appreciates some of the citizens concerns, but doesn't feel this much of the city can be shut off to growth. Bryson restated that the moratorium is the issue, not a specific piece of property. He said the impact, if passed would be tremendous. He stated that the agenda before the commission tonight has nine action items, if this ordinance were passed, eight of them Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 8 would not be on the agenda. Bryson also told the audience that any kind of encroachment, variance, home occupation, etc. permits would not be obtainable, for anyone that wished to apply for one. He added that part of the land on the map is not in city limits. Bryson stated his awareness of the noise from the airport and added that he does not know the general routes the planes are supposed to use. Mahurin said she sees two different issues being discussed. One being the moratorium and the other is opposition to Richka Park. She stated that she cannot support a two year moratorium on such a large area of Kenai, although she does see the need for a buffer area around the airport. Mahurin said she agrees with Mrs. McBride that the garbage is getting awful in the area that has been cut. She stated her support for the Airport Master Plan that is in process and said that a solution needs to be found, yet the way the ordinance before the commission is written is far too unreasonable. Glick admitted that he did not want anyone to build at the end of the dead end street he lived on, but it was done and now there is an elementary school there. He said he didn't like it, but it is all part of the growth of a city, and it is actually cleaner now than before because there are homes there. Glick said the real issue is the two year moratorium on building in a major portion of Kenai that he cannot support. He stated the buffer zone is something that should be addressed in the Airport Master Plan. Werner-Quade stated her support of the citizens concerns but reiterated the issue before the issue before the commission is a two year moratorium on ALL building development in a nine square mile area of Kenai. She also stated that she can't support such an ordinance. Werner-Quade suggested working with the Airport Commission on the matter and offered to speak with the Airport Manager herself. A citizen in the audience asked if the ordinance could be amended to make the area smaller, maybe just for a buffer zone around the airport. Walker said it could, and pointed out that generally on a rezone, the major portion of property owners affected need to be in favor of the rezone. Bryson clarified, once again, that the petition is to create a moratorium on Section 14 of the code which is specific to zoning and wouldn't affect the building permits or construction, but would affect zoning and zoning changes, and asked to be corrected if he is wrong. Mahurin stated her support for the airport and the business it brings to the community, no matter how obnoxious the noise may be. She also mentioned amending the ordinance to make it work. Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 9 Walker said the first paragraph in the Statement by Petitioners mentioned the flight patterns used by planes, he asked that Administration take the issue to the Airport Commission for further research. He stated that he did not support the Richka Park permit but he does have some very strong concerns regarding the rezone before the commission. He said he does support the buffer zone and suggested someone (citizens or the city) purchasing the property. VOTE Glick No Goecke No Bryson No Walker No Werner-Quade No Mahurin No MOTION FAILED. Walker told the audience the action can be appealed to the City Council. c. PZ96-27 -Conditional Use Permit -Private Primary School. Hershberger MOTION CARL GLICK MOVED FOR APPROVAL OF PZ96-27. THERESA WERNER-QUADE SECONDED. There was no public wishing to speak to the resolution so Chairman Walker brought it back to the commission for discussion. Goecke stated his concern of the lot size and asked if it is large enough to contain 30 children at play tim. Pam Hershberger (applicant) said they will be in session from 8:00 to 12:30 and will have two 15 minute breaks. There will be out door equipment for the children, and their program is a hands-on type program that will keep the children busy indoors also. Mahurin questioned the parking area. Hershberger said the realtor gave her some paper work that stated there are 6 - 10 parking spaces available. She added they plan to increase the parking area. Hershberger said there will be really no parking, more of a drop off for children. She said there will be people to get the children from vehicles and walk them to the building so parents won't even have to leave their vehicle. -~ Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 10 Bryson asked about fencing the yard. Hershberger said they haven't discussed fencing but the will look into it. She added the area is surrounded by woods. Bryson asked if there are state requirements for fencing. Hershberger said no. Bryson said his concern is the Spur Highway being so close. Walker asked how many employees would be at the school. Hershberger said there will be two certified teachers and a parent helper. Walker said the easement between the property and the highway is less than 150'. He addressed the problem of traffic pattern for vehicles coming and going and stated the he feels the lot size is too small for 20 to 30 students. Mahurin said she drove by the lot and said there are apartments across the street and stated there will probably be a lot of car-pooling. There was further discussion of traffic patterns and it was decided that the commission could not tell people what route to take in and out, but Hershberger did state she will speak with parents dropping off children about coming and going. Mahurin asked if the CUP could be limited to one year, then ask for a renewal. The issue was discussed and decided that if the Hershbergers are going to pour a lot of money into the school, they shouldn't have to worry about renewing the CUP in one year. Werner- Quade suggested that staff could verify that the Hershbergers are in compliance with the permit. La Shot said the applicant needs be sure there is adequate off street parking which could be a condition of the permit. AMENDED MOTION KAREN MAHURIN MOVED TO AMEND THE MAIN MOTION TO REQUIRE THERE BE ADEQUATE OFF STREET PARKING WITH AN ENTRANCE AND EXIT PATTERN AND THAT CITY STAFF WILL VERIFY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, AND ALSO TO INCLUDE THE ADDITION OF A FENCE AROUND THE OUTSIDE PLAY AREA. PHIL BRYSON SECONDED. VOTE Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes -~ Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 11 AMENDED MOTION PASSED. VOTE -MAIN MOTION Glick - Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. d. PZ96-28 -Enhanced 9-1-1 Mapping and Addressina Project MOTION RON GOECKE MOVED FOR APPROVAL OF PZ96-28 ENHANCED 9-1-1 MAPPING AND ADDRESSING. PHIL BRYSON SECONDED La Shot referred to the letter sent by the post office and recommended the streets on the letter either retain the north/south prefix or add north and south as a suffix, or else there will be duplicate addresses. He added the 9-1-1 system doesn't like prefixes. Walker asked if it will accept the suffix. La Shot said yes, what ever we name the streets. AMENDED MOTION CARL GLICK AMENDED THE MAIN MOTION TO INCLUDE ADDING NORTH AND SOUTH TO STREETS ON THE POST OFFICES LIST AS A SUFFIX. PHIL BRYSON SECONDED. There was further discussion regarding the post office delivering the mail whether it were a prefix or a suffix. Werner-Quade said mail will get delivered no matter what. VOTE Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes AMENDED MOTION PASSED. Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 12 VOTE -MAIN MOTION Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. 7. NEW BUSINESS a. PZ96-29 - Landscape/Site Plan Review - Gensel MOTION KAREN MAHURIN MOVED TO APPROVE OF PZ96-29 LANDSCAPE/SITE PLAN REVIEW. CAR GLICK SECONDED. There being no discussion Walker called for the vote. VOTE Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. b. Application for Lease -Lot 4. Block 5. Cook Inlet Industrial Park & ROW MOTION RON GOECKE MOVED FOR APPROVAL OFTHE APPLICATION FOR LEASE. KAREN MAHURIN SECONDED. Walker asked if this lease is a renewal of lease. La Shot said yes. The reason for the short term is because there is a dedicated ROW that goes through the property and there may be some point in the future we might use it. VOTE -- ~ Kenai'Plarlning and Zoning Commission ~ Minutes -April 24, 1996 Page 13 Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. c. PZ96-30 Home Occupation Permit -Child Care - Carlough MOTION THERESA WERNER-QUADE MOVED FOR APPROVAL OF PZ96-30. KAREN MAHURIN SECONDED. La Shot said this is not a public hearing so there has been no response from citizens concerning this HOP. Walker asked if there is a HOP there already. La Shot said no. Walker stated it looks like there is also an area for sewing. The copy of the application being too light read, Woodford passed around the original application. It stated the applicant wishes to have child care and a sewing business also. It was discussed whether or not a HOP could have two businesses being operated under it. AMENDED MOTION RON GOECKE MOVED TO HOLD PZ96-30, HOME OCCUPATION PERMIT FOR CARLOUGH UNTIL ADMINISTRATION FURTHER RESEARCHES WHETHER OR NOT TWO BUSINESS CAN BE RUN UNDER ONE HOME OCCUPATION PERMIT. KAREN MAHURIN SECONDED. VOTE Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes AMENDED MOTION PASSED TO HOLD OVER. d. PZ96-31 -Home Occupation Permit -Secretarial/Bookkeeping Service - Kautz ~ Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 14 MOTION KAREN MAHURIN MOVED FOR APPROVAL OF PZ96-31, HOME OCCUPATION PERMIT, KAUTZ. RON GOECKE SECONDED. Mike Christian asked if there will be a large amount of traffic in and out of the home. Walker said only a small portion of the dwelling will be used for the business, the permit does not address traffic. Bryson said it appears to be a an on-going, part time operation, and the business will be subject to covenants. VOTE Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Mahurin Yes MOTION PASSED. 8. OLD BUSINESS a. Prime Residential Zone (Christian) Walker referred to La Shot's memo concerning the Prime Residential Zone. Bryson stated La Shot's projected values are reasonable. Bryson stated that he would support incorporating modifications to the RS-2 zone (which is not being used any where in the city) rather than making another zone. There was some confusion regarding incorporating the two together. Bryson stated he is not saying to drop the things requested in the RP zone, but to incorporate it with the RS-2 zone, or amend the RS-2 zone. Goecke said he would support having this type of zoning available to a developer if he/she desired to use it. Glick concurred stating the zone would need to be created and then fit it in where it is wanted. Mahurin requested this be issue be put on the agenda for the next meeting to be acted upon. Kenai Planning and Zoning Commission Minutes -April 24, 1996 Page 15 There was further discussion about RS-2 being modified, and also the fact that RS-2 is not being used in the city. Christian stated he would like to see this issue acted upon by the commission as soon as possible. Walker asked if there is a consensus to bring this back to the May 22, meeting for action. Q~~~~ RON GOECKE MOVED TO BRING THE PRIME RESIDENTIAL ZONE ISSUE TO THE COMMISSION ON THE MAY 22, 1996 P&Z AGENDA FOR ACTION AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 9. CODE ENFORCEMENT ITEMS None 10. REPORTS a. Council -Smalley not present b. Borough Planning Bryson said the April 22, meeting had several items on the agenda. Borough streets, coastal zone management - Tustamena, the applicant is applying for a Corp permit and the borough found the application. to be in compliance with the costal zone management plan. The borough adopted a time restriction for planning commission meetings of 11:00 due to some late meetings. c. ~ Administration La Shot reported there was some discussion among the TSH commission regarding the sign code, there was no quorum so it will be discussed at the next meeting. 11. PERSONS PRESENT NOT SCHEDULED Christian asked why it took so long for their petition (PR Zone) to come up. He stated Kenai Planning and Zoning Commission ~ Minutes -April 24, 1996 Page 16 they applied a year ago and also no petitioners were notified there was a meeting being held tonight. La Shot replied that we only received the fee for the application recently and the first petition was withdrawn. He also stated we are not required to notify petition signers. 12. INFORMATION ITEMS No discussion. 13. COMMISSION COMMENTS AND QUESTIONS Walker asked La Shot to check into the cab "cemetery" in Highland. La Shot stated he has and will follow up on it. Mahurin asked that the next agenda have under Discussion the purchase or trade of the Richka Park property for a buffer zone. Werner-Quade said she will speak to the Airport Manager/Commission regarding air traffic routes. Walker concurred that this does need to be done. Bryson had timed the speakers of the public hearing and said the average time was less than three minutes. 14. ADJOURNMENT Chairman Walker adjourned the meeting at 10:20 p.m. Respectfully submitted by Kathy Woodford, P.W. Admin. Assistant ~ Kenai Planning and Zoning Commission Minutes. -April 24, 1996 Page 16 they applied a year ago and also no petitioners were notified there was a meeting being held tonight. La Shot replied that we only received the fee for the application recently and the first petition was withdrawn. He also stated we are not required to notify petition signers. 12. INFORMATION ITEMS No discussion. 13. COMMISSION COMMENTS AND QUESTIONS Walker asked La Shot to check into the cab "cemetery" in Highland. La Shot stated he has and will follow up on it. Mahurin asked that the next agenda have under Discussion the purchase or trade of the Richka Park property for a buffer zone. Werner-Quade said she will speak to the Airport Manager/Commission regarding air traffic routes. Walker concurred that this does need to be done. Bryson had timed the speakers of the public hearing and said the average time was less than three minutes. 14. ADJOURNMENT Chairman Walker adjourned the meeting at 10:20 p.m. Respectfully submitted by ~ ::. ,~) a Kathy Wooc~6rd, P.W. A n. Assistant ~v~ STAFF REPORT To: Planning & Zoning Commission Date: April 22, 1996 Prepared By: JL/kw Res: PZ96-32 GENERAL INFORMATION Applicant: Brian & Laurie Olson PO Box 257 Kenai, AK 9961 1 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS Encroachment for setback Lot 2, Block 2, Spruce Grove S/D RS Suburban Residential Medium Density Residential City Engineer: The existing home (constructed in 1978) is encroaching 1.6' into the required 25' front yard setback. No side yard or rear yard encroachments. Building Official: No building code would be compromised by allowing this encroachment. RECOMMENDATIONS Approval. ATTACHMENTS: 1. Resolution No. PZ96-32 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING' COMMISSION ENCROACHIlIENT PERMIT RESOLUTION NO. PZ 96-32 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: BRIAN AND LAURIE OLSON LOCATED: 404 JEFFERSON, KENAI, AK 9961 1 (MAILING: PO BOX 257) LEGAL: LOT 2 BLOCK 2 SPRUCE GROVE SUBDIVISION BY: BRIAN AND LAURIE OLSON WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on April 17, 1996 2. This land is on land zoned RS-Suburban Residential 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on Mav 8, 1996. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this ~ 8t'' day of May, 1996. 1 ,~ A TE T: Planning Secretary CHAIRMAN 1791-1991 CITY OF KENAI "OTC G'd~~.l ~ ~4~u~„ ___ 210 FIDALGO KENAI. ALASKA 99611 TELEPHONE 283.7535 FAX 907.283-3014 APPLICATION FOR ENCROACHMENT PERMIT NAMES Brian S. & Laurie J. Olson 'STREET°'ADDRESS 404 Jefferson, Kenai MAILING ADDRESS PO Box 257, Kenai, AK 99611 LEGAI; DESCRIPTION Lot 2 Block 2 S ruce Grove ZONING DISTRICT- (C;ircle 1) C RU CC R CG RR RR-1 RR-2 RS RS-1 RS-2 IL IH `, PHONE Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ T8E FOLLOWING, COMPLETE T8E BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMHER TO INDICATE THAT YOII HAVE READ AND IINDERBTAND THEBE CONDITIONB. 1. ~~ ~ . An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~~ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3 . ~ ~ U. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I O N A L C O M M E N T S We are requesting an encroachment because our house was built over the 25 building setback line on the .west side of our lot. The house was built in 1978. ~ ~ ^~, ~, Signature of Applicant: ~-tiu~~ (:%~~- : ' ~ ~.~~~.~ 1 ~ ~o~ ~ 25' Building Setback N89'S9'OU"W 133.65' ~ 0 ~1 _ ire rues jertce (typ) X ~ w x ~ N _ Lot 2 Block z I Q+' 23.4' 24.3' .~ I I c o ~ X ~ ~I o ~ p n ~ ~; X W p ~ ~ T ~.~ 3 N cons X - ~ ~ porch ti j I Qo ~IJ in CV ~ O N ~ilriv¢tiay,; ' X `-I ~ ~ or o 24.3 J Z ~ Z shed X to I N I X 30' 2 .5' _ -~ 0. ~ .~ ~ N 89'59' 00"yy 133.66' ~ t,2' fence encroachmer~t ~° I °' ~ o ,~ I ~~ l ~ o (~o~ 9 ~ ~~ Note: Lot served by city water and sewer N-S1 /64 ~ NUR F'~uT~fh Avenue Nw-SN 330.35' ~ - N89'S9'00"W 569.20' (Wilson Drive AS- BUILT CERTIFICATION BLOCK 2 LOT ~_. TRACT As-Build Certificate: l I hereby certify that the improvements ~jP~u~ ~ ~i?oyF J~13f~+'~~~ / O"~ - exist as shown on the following descri! property: _ ~E~aA I RECORDING DISTRICT c / Lor Z B~.n ~~ Z JPif UC.F C~~r~V~ >iJt 7 S -'j Z and that no encroachments exist except L_ EG_END indicated. Brass Cap Mon. d ~ Rebar/Pipe (Found) ) (Foun Exclusion Note: (3 Rebar 115 x 30" (Set this survey) It is the responsibility of the Owner + G ~ l ermine the existence of any easements, t + h d Date: z ti /~ Z D rawn: o no app ants, or restrictions whic the recorded subdivision plat. Under + Scale: ) ~~= 3p~ W .O.II~Z-/p F.B.Ilr1Z~/ cumstances should any data hereon be u: INTEGRII Y SURVEYS - construction or for establishing bound. fence lines. HC 2 ©OX 385 SULDOTNA, ALAS KA 99669 Z O Q U J Q ~ ~ ~ H N ~N~ ~ ~~o~ ~ ¢ N -- ~ a° > ~., ~ ~ ~ ' N~ NOSIOdW ~ U F-~~ ' ~ ~ o (m) ~ ~'1 N w ~ ~ ~ ~ ~ ' H U ' ~ O Q //~~ ~ O O F-1 ~ ~ ~ ~ ~ ~ N ~ U U U U ~ // Q (.7 ' N N N ~. N ' ~ N N i .-~ w 'W ~ ~ N m ~ ,Q v ' ~ = w ' 1S ~i~~~`dH ' ' U U U U V .. ~ Q ~.~ Q // a .., o. •~ ' N N - N m n v ~ ~ Q ~ ~, W rn m m m N .,,, . ~~ 'IS Nosa~~~~r o ~ 1S~M 0 d1S1 ma ~, Nm N Od S~~b'H ~y i ~ U ' W Q U U ~ Q N N ' l0 ~"' N ~ N~~nO J ~Sf1~JdS N ~ ~ --------- of ~S 'SAS _ Mll~l __ - -------v; --------------9~--~~~S MZI~J . ~~ ~i0 N~~~SH~n~ Ue STAFF REPORT To: Planning & Zoning Commission Date: April 22, 1996 Prepared By: JL/kw Res: PZ96-33 GENERAL INFORMATION Applicant: Charles E. Eubank 3050 Kim-n-Ang Court Kenai, AK 9961 1 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS City Engineer: Variance -Garage/Workshop Lot 23, Block 4, Basin View S/D RR Rural Residential Low Density Residential The applicant wishes to construct agarage/workshop 3' into the required 15' side yard setback. The local subdivision covenants are in conflict with the KMC. Building Official: The building code would not be compromised by granting this Variance. RECOMMENDATIONS Approval contingent upon pubic input, especially Lot 24 (adjacent property owner most affected). ATTACHMENTS: 1. Resolution No. PZ96-33 2. Application 3. Drawings 4. Subdivision Covenants 5. Eubank letter dated 4/18/96 CITY OF KENAI PLANNING AND ZONING CO1~in~IISSION RESOLUTION NO. PZ 96-33 VARIANCE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL CODE FOR: NAME: CHARLES E. EUBANK LOCATED: 3050 KIM-N-ANG COURT, KENAI, AK 99611 LEGAL: LOT 23 BLOCK 4 BASIN VIEW SUBDIVISION WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.180 has been submitted and received on April 18, 1996 2. This land is on land zoned RR- Rural Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: 15' side yard setback. 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. the special conditions or circumstances have not been caused by the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. the granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures with in the sale land use or zoning. district. 5. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on May 8, 1996. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the conditions specified in 14.20.280 have been shown to exist and therefore grants the variance. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this Stn day of May, 1996. A TEST: Planning Secretary CHAIRMAN CITY OF KENAI yc~aye cxtJ~a~ tL't~-m~a 1~u~e! DATE: ~~ A~i~1'G. /9 ~~ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT _ _ //~ NAME : h/i9 /QL~ .S .C~ . ~ C.1QA N I~ PHONE : ~ $.3 - S / ~ 2. MAILING ADDRESS : 305 I~tm-N - AN G C ~ ~~ N ~ _ ~ K 9 9 (o ~ ~ LEGAL DESCRIPTION OF PROPERTY INVOLVED:I..OT~~.3 ~I•.OC)~ ~OUIR L~A5iN VSCC.v SUa• ZONING DISTRICT (Circle one): C ® RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: 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. G~1:-L Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~~L A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. ~~~~ Special conditions or circumstances are p~,esent which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4.~~~ The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. [~~~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. ~~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~~~ The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS : ~tE" /Q 7''YigG',y,~`~ ,G~ Ty,~,e ~/~TL~ iS APRr~, ~ 99~ Applicant's Signature: Approved: ~ '~ CHAI PERSON Atte Ma it Kebschull, Secretary C:\WPDDCS\FDRMS\VARIANCE.PG2 _ ~ .~ 0 0 N ^~ '~ `~ i ® ~ O to ~ Y ~ O J m Q y • ~ J ~ ~ I ~-t V ' ^ v 1 ~ ~ ~ ~ 'M' w e v\ -g , a ~ ~ , ~ CO ~ \ .1 V ~ ~, ,r 1 .. . . , ~ . , ~ ~ V N ~ ~ M ~~ {~ ~ ~ `. ,. v .. ~ ,> ` ,~.. ~ ~ ~ J _ / / ~ M ~ : V ~ ®~ ~~ J ` ~ ~ ~ CJ^1 ~ ~ \ a1 ~`J0 ~,T "~ .. ` r . O ~ V ~ ~+ x ® ~ O o. ~ ~ , rl ... "~ O ,5~ p J,0 l~ ~ . ''y imc ,rte "€ , ` i w J ©c • O a~ J ~ ©o . ~ J ° 'Yt -, +y. ~ S _ 5 'vim ' c J . .` s d ~~ ~ O ~ ~ d a. o• ®~ N .~ y ~ O; 4 ~ h ^ ~ ` ~ ` ~ ~ "' C ~ cR 6~ ~.._' X05 y~ ~ • ~ _ ' ~ ~ J 3. ~ pp ~ ~ ~ O .1 h ~~ "~ t • ~ rf~•s ~ ~ , ores. w •!f sff m ~r.N - n 1 4~ ~ ,. {n " ~ « ~ t OO ©p ~ ~ ¢ ^ d ~ ~~ ~ ®P, Y • ~ • OP -^ p ~ ~ ; ' J U O ~ O m M ' Y O /N 1. N ~ O , ' 9 ,off%si as•I Y!• -t Yft di- N pe •i~ LS N 8!y rio~ r P7Jin ni a. N .dt 19 ~w ~- • w4 ~ _ - ,.:mac ..,.~~ m... .~._ _ ~ ~~~ .~ i ~owan,t,utcsl+ic&lcffcrsun --""~-~-~. ' ~ _ ~ A Professional Corporation ~ Y.O. Box 1681 . _ , i' Rrnai, Alaska 99611 < ~ i i (9!i?) 281-7187 + I ~ I ~ 1 _ k~ _ UECLARA'1'ION n[. i:OViiI.1/',tJ;'S, CO:JDI'1'ION, , ~~' ' ' } I ~ 12GS i RICI1'~[;' i;ND R(:;,;!!2Vi~,'1'i0hl:i GP' 1 j 2 J ' ERSEFIL•'N'f5 t''OR. L'r,';IN~1II::E: SiJBDIU.[~:I()N PART :3 ..._....- ~~....~...~~-. ::: i ', i 3 ~ Tats [)[:CLTtRATIGN, r,;,,l,• i:r tl;e, T!tird ,tudiaial District ! `` a•~c: f ?,l. skn thi > , . ~ d I ~ . . , s „ _ '•y ~ ~ __~: l• 19f1J, by the: w dersign.:c), to ether ~~r.i t l: ~ ; .~_ _,-...._.~~ 9 p,~r:;c+r)6 .a~i~j.i~~tnc L•his E)eclaration " ' ~ 1 . j j , ! frt'r <'lr , t 'rL.'i CCC1 tC` "11+„ ~ , lrll.: °. ~' F ~ ~ ------~ ----• G f+ t; 7"re G:_cl.:,ran(s <,rc~ rh::' fee-simpt.~~ c+~n~rs of the fciicwi.ng ~t_scribea real ' 1 j _ / (; ,~:pNrty: • $ LOTS ONE l~•i , 'THREE {3} , and f; FOiJE2 { ;) in BLOCK TEIRLC LOT5 0 •! ' • + ~ t E (, ~ ., I; thrc+ugh FIV1: (5) in t3LOCX T41U (2.) , L01'S j ~ ON4'. (1) through •r1vrNTY FIVE {2°,} in fiLOCK ~ lU I; FOUR { 9 } , tu:;l TRACT it o E BLOCK E'OUR ~~ (4) in BA;i1N~JI[sW SUBDIVIaION PART 3, 11 + a 'ubdivisic•rr of TRACT 7_ of DOLCfiOCK- i I; .KKNAI SUBDIV[.SION {arcording to Plat No. 1G ~ f23-lta3) and the undivided remaindf:.~r of the 5 1/2 tJW 1/4 and NW l/4 gw 1/4, ! i 13 Sectic;n i, t'~N, 81.141, Seward hicridian , I r Located in the Kenai Recording District ~' ' i4 , third Judicial Di strict, State of Alaska ~ ' - accerdin to Yla , t Nc .~~~~~ te.corded !i g 15 ,g/(o in hook __ at Page .2si2 - E4,~5 , - ~} . in the o~~ce or th ,~ Kenai Recorder, 'T }'~ i !f ~; .Tudicial District, State of Alaska. - . 17 ~_ ~~ t::;ren~,r-+_s D~CStr~ctso)n`~cflirni~tkLz a$ ko f l g o a t ' j lf3 1 cns nd ccnd t ns to t~hic " ~3bnvc-described real h the prop~ert}', t; ~ inc3 any additions theret f in i i ~ rrecl to as : -~ ~~ e o, (t=et~ t. t` prop{: r [ i c>s r , rs -ry be put, hereby specifying: ~i,It- alU t~i'Ci.:CF,tt~n sh =I i . , . =_on;>t:it.ul.r: covertanla to run wi..th'th~. ' hc• l,in~t i i %'~ ~ri a I,c`r.l.•,rFUtLa~, th~,ir sttcc;esSO[S• and ~ ::..~tyn:., ._nd .*t [ suE,seyc.c,~t ;~wne r f ) . . r, . ail , or any part of..~aid I! t}ropcrties and imptc=~cm :tls, toJE;t}ter :,pith thai l. r I. .r. ct ~scrs, h=,irs grantees, exc,.u[c rs, srlministr3tors : ~~ti , - r;: .,,gns. t)eclarants, in order to r:?stablislt; ttiea covenants, y ^cridit ien ;, restrictio ~ ` 1 2i ns .ind re ,~rvatians or .a.:em.~nts [;, g,ranti.itg. al; i, r the: prepart.i,~:;, hereby c-ov t d = l 1~ enar an agrc.a to be ~; hound by t!;ir> Decl~.ration. . 2,1 ; ! ,.~ovcn~r.N'rs 2F , . D::clarr,nts, their successors and assigns, by this . i).~claration, and <~11 Eutur~ ~~ j I •,,dnecs cf- l.cts, by their acceptance i c f their dee:Es, ccvun<,nt and agree as follows: 77 ~ ~ : i• No F`urthar Su,.division. 'he area ai tha dots - herei d ~•*• ' n escribed, er any lots subsequently added hereto, shad ' r.ct be reduced in i ~ 23 ~~ s ze by resubdivision, except that Iats-they>be: eliminated by resubdi vision ~. Zri ~ . , nor may arty ewnex. bring any aetiart to par titian, it: being agreed that thi s restriction is necessary in crd+:r '_c pr~sorve the rights of the o e 3O ~ wn rs. Excgpt as l:ecifically provided herein, the lots shall b - } j I e occupied and'. used t Y the r~sE;•~ctive owners only as a private dwelling carer fox' tl hi '! f ~1 . , s te ; amily, tenant:; <`nd social guests, and for ne- other:` " F,a r Nc. s,, , ' 3? / 33 -- Lt,nci Use AnCI 1luilding 'type. {aj.. AlI improvements ' '' a permanent i rur,daticn. .. ~ _ 34 fhver~a~~.: 4~ (t~). 1'he c•xtr.r ic, c•:f .tnv im},rwcrr,ent must br= completed ~ ` , F f~~ ~', ..~ .Cowan, Clillespie& Jefferson BVUK=~=--rHVt~~"" ~.1.;,.:, ~I A Professional Corporation - ~, , t•. P.O. Box 1681 ~~ ~ - s Kenai, Alaska99b11 ' ,. ~ t ~ ~; ~ . (907j 283-7187 ' ', {If ~ , .~ ,~'i Within one year from the date of start.of. conskruction. ... ., . , _ 1 _ - (c). No lot shell he used for okher than single.; farpi,l;y , 2 ~~residential purpascs. 1 .;; 3 ~ (d) Dwellings must me;.~t ors exceed Lhe spec~E,i,cations ' ~ ; ~ of ,the Uniform •Building Ccdca. The floor area of .the ;s,txUCtue,~`: 4 ~ exclusive of open porchas and garages, shall not be••les.s ttzan, ._ ;I 1L70t3':=square feet 'for a onf_~ story dwelling, norr`less than l.t}'fd0 • _ 5 ~qua~r.n feet for a .dwelling of nor:~ than one .story..,- No b.uild'ing ' ~ >sha•11 be located on any lot nearer 't,han ~tweryty, `(20)-.',~eet'~tct ~'t"fl ' } - 6 front lot~.~'lxn~ or°^`ne.a•rer than ten•~(10)~'fge.t'to'=an. ~' d l~s't < <-3'inb. No structure except a fence or hedge s is e.~. oca,ted' any ~ ( nearer to -the .roar ct; ,the property line than the buili3ing setbtxck _ ' ', 'line `as shown on the r;ecorcied plat. 8.: (e). 'i'o insure natural growth screening: end, es heties 9 between dwelling structures,' no lot shall be clear-cut more than. _ fif y percent {50$) of the total lot area, except that trees may "1Q be thinned and undergr,pwth cleared. ` li 3. ~ Water Su 1 And Sanitar Faci-lities. Individual water supply systems and sewage isposa systems .on `each,.lot 12 shall be - installed='`and maintained in cQtn'pliance w:kh the.`. standards-and requirements of the 5ta.te of Alaska.: A11 •.d~t'e-llir~gs 13 ;. 'shall'. have- indoor sanitary facilities, 'and'•no outhouseshall`°be~ f atnai,ntained on•`an.y lot; No lot shall be;=used or maintained as, a ( ", I4 ~ dumping ground''for rubbish or junk vehicles.,' Trash-,• garlage''o'r 'other waste" shell be,. kept only in sanitary containerst All 15 equipment. fon th.e storage. or -dispo-sal of-'such: materia~',shall~be '' ,~.`kep',t `:in a clean and sanitary condition. All water~~su' 1 .and; -' '6 s~ wage dispns~l, systems shrill. b:a permitL-ed...only in ~c,o fc~rmarlce ' wit, „applicable requirements of 18 'AAC 70,` 18 RAC -72~`~at, "28~AfiC. Y 7 8 0. rb d{>,u k ~ ~,r, _ M~~ "`t i~~ ~, 18 4 ~~ 19 ;20= `21 22 23 4. Easements. Easements for`. the insEallat,$.on'and, ' j `"maintenance of : utilit es are reserved as shown on tYze 'reeazd.~d` ~} plat. •" For the :purposes of this subdivision,."'tatiliti~e s" "shall ~ie deemed toc, refer to 'cable television lines, .'in addition ta?`at:Her tYP~s of utilities. ~.~:,, '• 5 Nuisances. DIo noxious or..;~offehsi.ve acaivity;, shall be carrieel:cn. upon any lot; nor. shall 'anything be.:-done thert.e~in :,~h,i,ch may b~.,.?or, m.ay . becctiine- an artnoynn,ce,sor;; nuisance ~'t:a the' <neighborhocd.. No animals,. livestock'or'poullrry o~"any kind! sha~11 be •raised, bred or `.kept on any, lot for commercial p~xr;pose~'s; Degs, cats or other household pets mey'be kepC.,` but `no dot}:!; teRni~S,r ~ sh<,11 ba kept on any lot. Al.l animals shall:tbe`conffned;~u~ian`::,the . owner's lot. I", r,. Signs. No sign of any kind shall be displayed to -.the 'public' view., on any ,lot except one (1} professional sign. ,af: ``nct~'m~re than one square f:.ot, one sigr. o~ tre't uir~$`thara.`fi"ve square feet advertising the property' for sale or-rent, o>' signs •':used by a builder ;to advertise the pr;~ipert.y •d~ur~~ti'g ~`kh~e° 'construction and"sale.`period. ~ - r ~~~a;, ~' 7. `'1'em ora~ry~Structures. ~ No strr~Cture of ~'t~rttporary character, tra-il-ei basement,-tent, shac,~C, garage,barn- or al-her outbuilding shall be used on any_ldt, at any., time as.,a ': ~' residence, either temporarily or permanent'. '~ `• ~' ~•Y ~"~ 3. Parkin or Vehicle Stora a :,. In order 'iro m,~l;it~~ain quality standards, no,, inopera a vehicles .o ~f~ny ~•kind, Sn~:Iuc~~ng ~sa.-called antigues; :may bo kept on the_pr~per•ty`unles~r;,'Ful.:~;y . contained inside the cwner's garages. ^}khy.`"'officer~~vf~:;t;he "Association- created 'by .this Declaration •sh'~11 $e -auttiorzed'~ata ; ' , ~,.. 1, ~§ Z {~,.~1 '•, !,(w ~ ;' Cowan, Gillespie A Jcffcrsou `~ •' - • -- -~ ;; A Professional Corporation r< ~ P.C). Box 1681 T' d Kenai, Alaska 99611 ' ' ~ -' -,(907) 283-2181 r rot? : ~'~, ~k~,. ~ ~~ ~~ .. k" ~;.order the removal "af any such offending vehicle, and to .Ga;ntract '• ," '~ (with any vehicle' owing business to remove the' same. frotn~ any clot ~ % ` ---•- - r or street within, the subd~ivisian. Tn the event of shit bein 9 I 2 ,, ~ tsroug`ht' agairrst'~sueh officer as a result of his acto'tis 'in,'`.this regard, the association shall indemnify him and held him harmless - 3 from any loss incurred ;by virtue of said'suit, .q 9. `Additional Lots. Additional lots within" the ~;' 5 . ~. BASINyIEW SUBDIVISION PART 3 may be ~dt~d to the prope.rtitTs upon the owner""of such lots executin and re rdin iate a o , ,. g g n appr pr • °.instrument declaring than- this. Delaration-shall' be~:bit?di'ng"~'upon ,~~6 ~sucH `lots and~• adopti•rig-' the -terms hereof. Upon the recording of \ ~' such an instr.utnen.t; all such lots shall be deemed: to' tr~ve< been `7 described 'herein, and 'the covenants, conditions,' res.trietions, aimi.tetians and ~.pr.ivileges set :forth herein shall' be ~birtding; upon ';g and shall inure 'to the. benefit of all owners of such"'`additional 'lots,: their successors and assigns, to: the satne'•extent: as khough,: -g ~ >said Iots were c+riginally described ..herein. TQ ;'. 1C~. Compliance. Enforcement shall be by proceedings ~~ at law or in e,qui,ty against -any person or .persons .violaL•ing' or 11 ~ attempting to violate any covenant, .either to restrain vi:olatian. I 1 qr to recover damages, -and such actions may bey:brought by the l'2 . ,owner or owners .of record of any lot in :the. subdi:.vision. • I - i13 il': Homeowners llsseciation. The L3A6hNY.IEW =.Sl}BAIVTSION PART: 3 HOMEOWNERS ASSOCIATION, hereinafter called the 14 ' I Assocjtation, is created by this instrument." Whether-. or not z - ~ C c;ontained in any deed issued subsequent: to the da€e of~ ~~ '' recordation of this instrument, each `g rantee•"of-'any.de.ed 'in -thy' ~ ` ~, 1~ I ,~:prope>F•aies shall be deemed to be a .member; of the `Assacia'tzon~,' ~ subject to :rll bl i i . o gat ;onc; created hereby and entitled to aYl r igHts .of such <membership as set Earth ° in `this- instruae~rll:,z ;or'`.~gl;~` ~ :c 17 , `any bylaws "the- Associat-ion may adopt hereunder. The•`Assaci'atiorx~. ,` { may, from; time.tp. time, adept bylaws: Such::byTa=ws, ,~.t~:o-;~:bq? ~ ~ ~g effective, must be approved by a two-thirds (2/3) maj.af>:t, yvo~e•_ ~ ~ , e r . of the:. let owners. ~, ! ~ ~'~ a~~~1r: ' ~ t :; 19 I ' =~ r ~~~~'~ ~'y~ ~`' ~' . 1~~. Membership an_d•Vating Rights. f (a). E~tdr,y;~pwner' 2Q ~ ;cf e~ich lot which is ~conL•ained in the properties shal~.,~'be,;a' tnember< o£ the Association. Membership shall be apputtenhn't•'.tq: ~' 21 and may not'be separated from owners)Zip of any lot~,wh,~ch• is, t" aubject t~ assessment. G . ~` = 22 , `` (b). The owner of each lot shall be''ent>.t.led t.o on$• i ~ , 23 vote. for each lot awned by him. In the. event ,multiple •iowlle,)r s;awn " ' r f ,one 'lot, they shall have one vot amon them:;"which sha• 1 e•y g r 1 beast {'''' F 24. 1 ; by their unanimously selected designee. Voting r;i'ghts ~xri1~ :remain at all ti - ~. mes with-the owner of each respective lot '.~ ~~ ~. i ~ ~ (c), The Association shall elect a President and ~ 26 " II j Secretary-Treasurer at each annual meeting. Until.>the~°fi.rst- •~ - ~ ;•Tannual-`meeting,'"the initial President shall..be;~ ai ` 'i'`.'' ' 27: I _ - r.~lc~h~1- .and the .,Secretary-Treasurer".shah r2 .,. ~! ~ ~ ,~ . .,..._. ~' „11~* I ~.• l r a k' Ffi~ } ~ nr` rtr ~ 29 ~j (d)'. -The mailing address for the...Associatiofl,Ys}~all be`. h ~ < t e khen current address t+f the President of : he ~~ssgc.~ ,o1's'. 30 ~I 15. Conveyance cf Pro ert b Grantor ~:' RONALI7'~[304CHOK ; ~;~ 31 , ~ by .executing-:this Agreement on e a o - r#t,tpro,pa>~ty, i~tlt~+a~sst,$ th h ' ` ~ '~ I i at e represents in - this subdivision he~peby~',conveys `tc~~tf~i~,'• 32 llomeowners Association 'TRACT A of BLOCK ~fOURk':(4),:-•.BASI~I:VT ; l , y SUBDLVISION PART 3. The ~ purpose of the gra ~tnc~; of this ~,~r~ r,~ 33 i . to allow all members of the Association sac ei'ss =ao °Beave~`a,,~C~~~ ~ ' for purposes of boat aaunching -and other ~r~ reactional: pu~su't ; '~4 ' Each lot .owner shall be vested in an undivid~~} 1%34th interim ' - -;R ~ ~ ~ ii 3 • i , ;, . .t h ~' '~i~~,. ~+ r r.~. ~ Cowan, Gillespie & Jefferson 600~~~PAGE s~ . `~, ,' ~ ' ~ ' A Professional Corporation P.O. Box 168T , Kenai, Alaska 9961 l - ~: (907) 283-7187 - j'ract` A, Block Four (4), Basinview Subdi.visiori Part 3. 1 14. Pc~wer-to Levy'bjr Homeowners A'ssoeiatibn. `'Each . `.:party signing t -is Agr~ement'''""~~ere y -acknowledges, and ' un erStands~ ~ fi 2 .against, all its that the Association will have the right to leVy -f , ;members for maintenance. of the deeded, access in Tract A, Block ;3,;,.u ;;~'ouX. (4) provided to<°.the Association by ,Ronald Dolchok. ~ s '41~~ 15. T,erminati.on. The .covenants and restrictions hereb;i imposed: sha 1 terminate; and .I:his instrument shall cease and Lorca and eEfe •t of Janu.yry. 30. ~Ou3 ,~, xr~ to b~--~ of ~ - ` .- , , s. _, , . r~~ ~ .~ - ~ ~ " 6 nvalidativn of,..any one of these I 15. Severabilit~. '` covenants by.ju gment or court order shall in;no_ way affect any. 7 of'the -other .provisions, which shall remain in full foxce -and ' A :. effect. S 't'he foregoing restrictions and conditions for building . `a `and use in the named subdivisivn are hereby declared "and ;adopted ' created rt 9 , s by the owner of the subdivision, and all .easemer ''granted and reserved ar.e declared to to be the.' act of the owner + 10 i, snd' al'1'> conditions on purchase and ownership of` property'in ahe- f subdivision shall. be deemed and considered as, covenants ~~running '. 11 ;~ I• with the land.' , ~h. ( 12 IN WI'CNESS WHEREOF, the Dec1a[ants~',herein' have' signed their nacnes on the day and year first hereinabowe memtioned ~ ~ 13 , 14 ` i / `=~ 15 f ~ 120 ALD T. L • . { ~~ L C ' 17 ` S TA T~E 0 E~ A LAS KA _ ) ~ _ ~~ t ` a` ~ ~4 ~ ; I ) S S A, i~c ~ ~ ~,~ ~~ ` ~ t ~"c. ,~ 7c~r ~, THIRD.JUDICIAL DISTRICT. ) d f ~ h ~' ~ ay o y, e :r x: r ~ IBIS; IS TO .CERTIFY that on t t '' 19 19,83, before- me, the>unders•igned Notary Pu c {;3an a.~' ~3 State of Alaska, :personally. appeared- R(7NALD kT `;:)]OE:CHOKeal; ~j,€tax ` 20 ~ me to be the person= named in and who exee;uted ~ the.~E, ,~egc~~ng~~ ' t d rt •rsMS, 21 22 •` 23 24 25 26 . ~II 27''`I~ 2$ 29 'f 30 31 - ' 32 33_ 34 instrument, and acknowledged to me -that hQ .:execu e =,,~e"=. f.rec;Jy and voluntarily [or the . uees a nd i~: pueposes ,p,~..ha; contained.. ~ y^.' ` IN WITNESS E EEREOF, I have' hereunty set my hand and officiial;: ~ the dUy and year L-iYst hereinabove written ' - i~ ~~~ ~ ~i `1 ~A~ ~/ Ci ass ~~'''`` i l../~ ~~i Notary-Public W gin`-,-' State of Alaska 1+ ' ~ i4y Ccw»~is5lon ~r pa.r~ss~lr /// ~~+y/ + +' ~ ~ ~ 1 r~ .. 1 ~. ~ ~ ~ ~ Y ~~ ~ ~ t w c . - a ~ r ~~, 4912 .s ~ , ~ i !` ~ y ,, a ~ , ~ , ,, ' a 4 F.h .r ~ ' ~V~ ~( ~ ~n~3.[ ~ 4~ ~' ~ .. w ~ ~&~ ~N u ~na~~ ~ n ~ a ~ {; Y ~ i ~~;. 4 ` l a ti Ft i4~mi ?Y~ y ~ ¢~ {9 ~l , ~ rk r _-fit ! ~!{ ~ ~~ '~ ' ~ _ '~ d r ~ ~i~,r ~.t~ ~ fir ~ ~ ~ ': ,~ ._ ,~ , ..,. ~ ~ ._.,,. ... .. L~. ~ ~~ ~/ OJ '°• G ~p~/cP , ~a ~ \~1 ~:~~~ '" °~ ~°°~ _a'R10~ ~~~` Ulil. ltruel. Erm t. . r:. DETAIL i" = ao ft. ,. ._. .1 e~rA~ j=RoM t..OT !„ZNsr 9PPRoX/rIATEt-Y 22r Da / FROPO S~_ G~imL DER ~~ P LEGEND AND NOTES Found official monument. • Found 5/8" rebar. Found I/2'~ rebar. O Set I/2 ~~ rebar. (1 Indicates Datum of Record. o Wtll ~ Septic vent ~ Power pole N SCALE I'~ =100' ~__ C PREPARED FOR ~ Ron Ellsirom Box 4264 Soldotna, AK 99669 T I I hereby Certify that I how surveyed tM followingdeseribod? 'ptapeny: Lot 23 Block Four Basin View Subdivision Part Three ! located in the Kenai Recording District, i Aloeka, and Mat the improrsmeMf eituoted thereon ors within the property lines and do not overlap Or encraaah + on the property IYInq adjacent fherefo,thot no Impro~- menu on the property lying adjacent thereto encroach On the premises in Question and that there are no roadraoys, ' franemieebn Ilnee a otMr rhlble eoeemente on eoldproperey E scept os Indicated hereon. Dated T 14 / 8 3 i I • an s c atee, Inc. Regietared and Surveyors ! EXCLUSION NOTES If Is the reeponelDlllty of the ~ OMner to determine the existence Of any eatemetlte, corenants,or restrietiom trhfeh do not appeoron the i recorded subdirieion plat. Under no eireumetonue ~ should any dote hereon be used for eonstraetion i or for eetoDliehing boundary or fence lines. f CREEK Field Book No. 84 -38 -Date: 18 April 1996 i From: Charles E. Eubank 3050 Kim-N-Ang Ct. Kenai AK. 99611 283-5102 To:City of Kenai Planning and Zoning Commission. Subject: Variance Permit I apply for a variance permit.-:for. the construction of the described structure and submit the following justification. 1) To construct. a 32x44 garage/workshop on the described property. The structure will be completely within the subject property lines and will not encroach upon any other property. The South West corner of the structure will fall within the 15 foot side lot line setback of the Kenai Municipal Code. 2) The proposed construction site was excavated during the original construction of the property in 1984. It was accomplished in compliance with the Declaration of Covenants,Conditions,Restrictions and Reservations of Easements for the Basin View Subdivision Part 3. It has been found that the subject Declaration of Covenants is in conflict with the Kenai Municipal Code, in that the lot line setback ~ is described to be as 20 feet to the front lot line and 10 feet to side lot line. (see attached copy of Covenants para.2.(d). 3) I desire to construct the structure in the described location to allow for a desired spacing between structures, and to prevent further clearing of trees and vegitation if another site selection were necessary. This will will also negate the possibility of being in conflict with the Declaration of Covenants para. 2.(e) Thank you for your consideration in this matter. Charles E. Eubank l,~ STAFF REPORT To: Planning & Zoning Commission Date: April 22, 1996 Prepared By: JL/kw Res: PZ96-34 GENERAL INFORMATION Applicant: Charles Dere 6550 Downey Finch Drive Anchorage, AK 99516 Requested Action: Conditional Use Permit -Lodging & Boat Parking Legal Description: Lot 20, Anglers Acres Existing Zoning: RR Rural Residential Current Land Use: Low Density Residential/Commercial Recreation ANALYSIS City Engineer: The applicant wishes to rent rooms in his three (3) bedroom house during the summer months and have boat parking available. Building Official: This is a newly constructed single family dwelling which complies with current building code. RECOMMENDATIONS Recommend approval with three (3) boat maximum boat parking similar to past CUP's in this area. ATTACHMENTS: 1. Resolution No. PZ96-34 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96-34 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: CHARLES DERE USE: CONDITIONAL USE PERMIT- LODGING AND BOAT PARKING LOCATED LOT 20. ANGLERS ACRES WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: _April 22, 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 a maximumof three (3) boats . b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: Mav 8, 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, MAY 8, 1996. CHAIRPERSON ATE :Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT NAME ~~ /7~ L ~S' ~~~~ PHONE ~(s'7 .~~ 5~ /9a C 9u~ 2~3--'yt)9 J MAILING ADDRESS KK ~tJ~~ ,(~ GU - ~ 5~ ADDRESS ~ ~ ~ ~ LEGAL /~~.e~5 DESCRIPTION ~L-D7'" a~lJ ~IUEG~,e ~. ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND .UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as describEd: Please submit site Plan, Map (if available) and ~ Traffic Flow & Parking ,~ Please submit plans showing the location of all existing and proposed buildings or alterations, ~ 1 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 require to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming ~~ use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS : ,co0gi~~c; ~ ~OQ~ /~a~r kn~ ~ ,~' ~~~ ~~.?' Applicant Signature: v G~ „~ Date: ~? ~~ ~ .~ Approved at P&Z Meeting: Approved: Chairpe son est: Y ~. 1~ • ~~ ti ~, ~ ~; ~~ ti ti ~' N~ r, !1 VY I I ~ M _. ,H 1 ~ ~' ~ ~ ~ ~Y ~•.` h. ~ ~ .::, VSO `~ ~,: O ~Qv ~ h ~ ~ , ~ ~ ~ '~ V Q ~. ~ ~ ~~~ ~~~~: ~~~~`~ ti ~ ~ ~ ~ ,~,. ~ ~. 4~t 4 va+~ ~~k a e ~. --,. a ~ Maw! . V ~0 0 0 ~~ ~Q Q~ r :~ ~ ,~ • ~~ w a m Q Y M Y M ~ O a, u ~ CV ~~ s° t ° h~ N y ~ ` a E a Z 2 ~c ~ u 3 m a° w a v N N Y O b N „„ QQ Z 2 fT3 - 7~ 7 'o, u; c 1975 ~~°' Tn~ - ~ MEANDER L07 19 UNE ~ 0 ~ ~ ~--~' _ygg ~3_QO"E ~ 492.88_ I ~ 10' UUllly Easement '~ to ~ r ~ J ~ L-0T 20 ~~ s~ ~ a ;, 21s.6p ~ ~: ~ ~0 0: , Ge 1,113 AC. $~°- nl ' 589'46'30"W 473.18' Q1 ~ LOT 21 :T7 _. Upper .Deck GM 34 2' Lower , ~ Deck - iN t Frame n House N ^. 34.2' b,OUSE t" DETAIL 30' LEGEND AND NOTES • Found 1/2" Reba Septic Vent NORTH ® wou ~ Meter Pole SCALE i" sa 100' 1) The beorMgs and distances ahoam hereon relative to the property boundaries were derived Irom data of record. 2) The true meanders of mean high tide mark form the bounds of lhts lot, and the meander IMe shown is for compulotlon and surveying purposes only, Prepared For. Charles Dere 6550 Downy Finch Anchorage AK. ,99516 ~Q~E OF A~gs~,,I .. ~: •. *.:'.4 ?H............~*~~ _ / i~ ~,M. SCOTT McLANE i l~,''`~,,t:~~ AS-BUILT°- SURVEY I nereby eernry that t heva surveyed the rolbriq aeearlbed property. LOT 20 ANGLERS ACRES SUBDIVISION PART ONE ' loealad M Ihs _~NA! Reeording DlstrlaL Naska, and Ihol the Improvements situated therion ore rlthN the properly Imes and do not overlap or encroach on lhs properly.lylnq odlseenl thvelo, That no inprovamanle on the properly lylnq odlooenl Ihento enaoaeh an Iha premises In qusslbn and that Ihero ore no roodroYs, Iranemie- aion lines or othr visble eosamenU on said properly except ae in- dkabd hereon. ~, ooad: March 21, 1996 McLANE TESTING EnaMeero, Surwyan and Pbmero .: ,,:,;,.: P.6. eox see Satdelna AK eeeee ~'- .~ . EXCLUSION NOTE: It is the-responelbNity or the owner to determine lhs exblanes of ony~easemanb, covenanb or reslrlaUons rhich. do not appear on the recorded wbdivlsion p1aL Under no e4cum- alonees should any dote hereon bs used for eonsWetlon or for estobliehing boundary or lane Nnee,.:: - ,ab No: 961024 y~ eook No ~ 96-05-9 Pd STAFF REPORT To: Planning & Zoning Commission Date: April 22, 1996 Prepared By: JL/kw Res: PZ96-35 GENERAL INFORMATION Applicant: Barrett K. Nickel PO Box 1166 Kenai, AK 9961 1 Requested Action: Conditional Use Permit -Paint Ball Playing Field Legal Description: Tract A, Block 1, Bridge Road S/D No. 2 Existing Zoning: IH Heavy Industrial Current Land Use: Undeveloped ANALYSIS City Engineer: The applicant wishes to utilize the referenced undeveloped parcel as a "Paint Ball Playing Field." Commercial recreation has no designation in the Land Use Table of the KMC, therefore, may be permitted with a CUP. Building Official: No building code issues. RECOMMENDATIONS Approval, contingent upon providing adequate parking on private property or within the ROW without restricting access. Consider public input. ATTACHMENTS: 1. Resolution No. PZ96-35 2. Application 3. Drawings 4. Nickel letter CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 96-35 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: BARRETT K. NICKEL USE: CONDITIONAL USE PERMIT- PAINT BALL PLAYING FIELD LOCATED Tract A, Block 1, BRIDGE ROAD S/D NO. 2 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 22, 1996 2) This request is on land zoned IH- Heav Industrial 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• Must provide private parking on the property. b• Permit to be reviewed in one year. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: Mav 8, 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, MAY 8, 1996. `%1-/ CHAIRPERSON ~. ATT ST: Planning Secretary ~,~ CITY OF KENAI CONDITIONAL USE PERMIT NAME .'~ ~?T /l ,y u/ PHONE !' a'07~ ~oQ _ ~(~~ MAILING ADDRESS PO QC~C ! l 6~c 1~N,4! /~K RR(vll ADDRESS ~ i3.g,2-.A ~i2. ~.r.~ A-~c c1'`t~C/ . LEGAL DESCRIPTION T'D SN R !~ W SD K u 4 oo6g T2ACT A w? j ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: v.~ o: p~zc~P~~ zL AS uc~,~r.~p PA/~~ ~,wr,~ ,~~~u~ 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, C~ elevations of such buildings or alterations, and data as ma be i d y requ re . A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COr'SNIENTS: f~LE.!~s~ S~~ Att.9e~U v`~*/~n'tS Applicant Signature: Date: /I,% v Approved at P&Z Meeting: Approved: Chairperson 'f ~~~-moo Attest: J 1- ~ ~o ~ ~ ~ ~W flo Z ~ ~ ~ r 0 0 s --____ k ~'~ r ~~ ~' ~~ - a ;~ ~ `~ ~ ~~.~~ 3 ~.1 C~ dl L O J ~~~,~\ ~l CONDITIONAL USE PERMIT APPLICATION Barrett Nickel, Joshua Coray, POB 1166, POB 1942 Kenai, AK, 99611 Soldotna, AK, 99669 Legal description; TOSN Rl 1W S04 KN840068 Bridge Road Sub No.2 Tract A Block 1 (Triangular section measuring 5.011 acres.) We wish to use this section of property to open a Paintball playing field. Paintball consists of two or more groups of players engaging in a modified game of "Capture the Flag." There is no physical contact, a player is marked and "eliminated" from the game by being hit by a paintball. Paintballs actually contain no "paint," but anon-toxic, biodegradable food dye mixture. The paintballs are shot from COa powered airguns, and the players are required to wear protective goggles, masks, and clothing. As of 1992 statistics, the sport of Paintball, nationwide, has a lower injury rate than badminton or bowling, due to stringent industry self-regulation. Paintball is played by over 9 million people a year in America alone, and world wide from Adak to New Zealand. Paintball is played by everyone from Pastors to lawyers to NASA technicians. Actual modifications required to the property itself are extremely minimal. The sport of Paintball is most often played in a heavily wooded environment. Therefore the only modifications needed are the removal of dead trees that pose a threat of falling over, removal of "devil's club" or thorn bushes, and marking of boundaries to indicate playing field area. Any buildings used on the property will be mobile, mounted on skids, or a towable trailer. Improvements will be limited to the installation of a telephone line, though one may already exist, leftover from an old worksite at the end of Van Antwerp street. Parking will be accommodated on the right-of--way, or if necessary, a parking area will be constructed on the property itself. There are no businesses or homes at the "end" of Van Antwerp street for our traffic to interfere with. We roughly estimate traffic at 10 to 20 vehicles, beginning to arrive at 10:00 a.m., and leaving occasionally as late as 8:00 p.m. during the summer playing season. Our current plan is to be open Saturday, Sunday, and Wednesday. In short there will be very few, if any, permanent modifications, and should not affect current or future developments in the area. WHAT IS PAINTBALL? IN LESS THAN A DECADE, THE SPORT OF PAINT'BALL HAS BECOME RECOGNIZED AS ONE OF THE WORLD'S MOST EXITING OU"I1~OOR PARTICIPATION SPORTS. PAIN'I'BALL IS PLAYED IN OVER TWO DOZEN COUNTRIES. BY MII,LIONS OF MEN AND WOMEN OF ALL AGES AND LIFESTYLES. WHETHER HOMEMAKERS OR HIGH-SCHOOL STUDENTS, PROFESSIONALS OR RETII2EES, ALL PAINTBALL PLAYERS SHARE IN COMMON A LOVE FOR ADVENTURE AND A STRONG COMPE'ITITVE SPII2TI'. PAINTBALL IS A COMBINATION OF CHILDHOOD "TAG" AND "HHiDE AND SEEK", BUT IS MUCH MORE CHALLENGING AND SOPHISTICATED. ALTHOUGH THERE ARE MANY DIFFERENT GAME FORMATS; TYPICALLY A GROUP OF PLAYERS WILL DIVIDE INTO TWO TEAMS TO PLAY "CAPTURE THE FLAG." THE NUMBER OF PLAYERS ON EACH TEAM CAN VARY FROM FOUR OR FIVE TO AS MANY AS 500 ON A SIDE, LIMITED ONLY BY THE SIZE OF THE PLAYING FIELD. THE OBJECT OF THE GAME IS TO GO OUT AND CAPTURE THE OTHER TEAM'S FLAG WHILE PROTECTING YOUR OWN. WHILE YOU ARE TRYING TO CAPTURE A FLAG, YOU ALSO TRY TO ELIlVIINATE OPPOSING PLAYERS BY TAGGING THEM WITH A PAINTBALL EXPELLED FROM A SPECIAL C02 OR AIR POWERED PAINTGUN. GAMES USUALLY HAVE A TIlVIE LIlVIIT OF 20 TO 45 MINiJTES, DEPENDING ON THE SIZE OF THE FIELD AND THE NUMBER OF PLAYERS. BETWEEN GAMES, PLAYERS TAKE A BREAK TO CHECK THEIR EQUIPMENT, RELOAD PAINTBALLS AND REFRESH THEMSELVES WITH FOOD AND DRINK WHILE THEY RECOUNT THE THRILLS OF VICTORY AND THE USUALLY FUNNY AGONIES OF DEFEAT. WIN OR LOSE, EVERYONE HAS A GOOD TIME AND THERE'S ALWAYS THE NEXT GAME WAITING FOR YOU. A PAINT'BALL IS A ROUND, THIl~I-SKINNED GELATIN CAPSULE WITH COLORED LIQUID INSIDE TT. PAINTBALLS ARE VERY SIMII,AR TO LARGE ROUND VITAMIN CAPSULES OR BATH-OIL BEADS. THE FILL INSIDE PAIN1'BALLS IS NON-TOXIC, NON-CAUSTIC, WATER SOLUBLE AND BIODEGRADABLE. TT RINSES OUT OF CLOTHING AND SKIN WITH MILD SOAP AND WATER. PAINTBALLS COME IN A RAINBOW OF COLORS: BLUE, PINK, WHITE, ORANGE, YELLOW, AND OTHER BRIGHT HUES. WHEN A PAIN`I'BALL TAGS A PLAYER THE THIN GELATIN SKIN SPLITS OPEN, AND THE LIQUID INSIDE LEAVES A BRIGHT "PAINT" MARK. A PLAYER WHO IS MARKED IS ELIlVIINATED FROM THE GAME. PAINTGUNS COME IN A VARIETY OF SHAPES AND STYLES. SOME ARE SMALL PAINTPISTOLS, POWERED BY LITTLE 12-GRAM C02 CARTRIDGES THAT HAVE TO BE CHANGED AFTER 15 TO 25 SHOTS. OTHER PAINTGUNS ARE RIFLE-LIKE, WITH SHOULDER STOCKS AND LONGER BARRELS. THESE ARE OFTEN POWERED BY LARGER, REFILLABLE C02 CYLINDERS THAT SUPPLY HUNDREDS OF SHOTS. SOME PAINTGUNS FUNCTION AS PUMP ACTIONS, WHERE EACH TIlVIE YOU SHOOT YOU MUST COCK THE PAINTGUN BY USING A BARREL MOUNTED PUMP. SOME PAINT'GUNS ARE SEMI AUTOMATIC, WHERE YOU JUST PULL THE TRIGGER TO SHOOT AND THE PAINT GUN RELOADS AND COCKS WITH OUT THE NEED FOR PUMPING. PAINTGUNS RANGE FROM SIlVIPLE TO SOPHISTICATED, BUT WHAT THEY HAVE IN COMMON IS A LIMITATION ON TT~RE MA~CMIJM POWER AND RANGE. EVEN AT MA~GIvIUM ELEVATION A PAINTGUN CAN LOB A PAINT'BALL ONLY ABOUT 50 YARDS, AND PAINTBALLS WON'T HTT HARD ENOUGH TO CAUSE AN INJURY AS LONG AS PROPER SAFETY PROCEDURES ARE FOLLOWED. FOR SAFEEY, PAINTBALL PLAYERS ALWAYS WEAR APPROVED GOGGLES TO PROTECT THEIR EYES DURING THE GAME AND WHILE IN OTHER AREAS WHERE SHOOTING IS PERMITTED, SUCH AS THE TARGET RANGE. PAINTBALL IS A VERY SAFE SPORT AS LONG AS SAFTEY RULES ARE FOLLOWED AND ENFORCED. INSURANCE STATISTICS INDICATE THAT PAIN"I'BALL LS MUCH SAFER THAN GOLF, JOGGING, TENNIS, SWIMNIING AND MANY OTHER SPORTS. REFEREES ON THE FIELD START AND STOP GAMES, ENFORCE THE RULES OF FAIR PLAY, AND CONTROL THE SPORT'S SAFETY. MOST FIELDS HAVE A LARGE STAFF OF REFEREES AND RUN SEVERAL GAMES AT THE SAME TIME ON DIFFERENT PARTS OF THE THEIR PLAY SITE. PAINTBALL ALSO IS PLAYED IN ARENAS FOR SPECTATOR ENJOYMENT. PAINT'BALL IS A SPORT PLAYED BY PEOPLE FROM ALL PROFESSIONS AND LIFE STYLES. TT IS A SPORT WHERE MEN AND WOMEN COMPETE EQUALLY, AND WHERE AGE IS NOT DOMINATED BY YOUTH. PHYSICAL SIZE AND STRENGTH ARE NOT AS IMPORTANT AS INTELLIGENCE AND DETERMINATION. LIKE A GAME OF CHESS, BEING ABLE TO THINK QUICKLY AND DECISIVELY IS WHAT MAKES YOU A STAR. PAINT'BALL IS ACHARACTER-BUILDING SPORT. PLAYERS LEARN THE IlVIPORTANCE OF TEAMWORK AND GAIN SELF-CONFIDENCE WHILE DVELOPING LEADERSHIP ABII,TTIES. PAINT BALL IS AN EXCITING SPORT. ABOVE ALL PAINT'BALL IS FUN! IT'S A CHANCE TO RELAX FROM YOUR DAY-TO-DAY RESPONSIBILITIES AND REKINDLE YOUR SPIRT FO ADVENTURE. ONCE THE ADRENALIN STARTS PUMPING YOU CAN'T HELP BUT LOVING THE THRILL OF THE GAME! COPYRIGHT 1991, INTERNATIONAL PAINTBALL PLAYERS ASSOCIATION Pant-itt' Fax Note 7672 Ta .. company locetion/.~ ~-7~ /f~~~1 ~f /.! ~~ f `~ f ~. ~ I -.. I ^ J V/ / TelephpneN ~..~ ~ 43~ NO.OfP00oS f.. TodeY'~ / ~~ T~~++e. ~GL ~ From IF/ ~jJ~ comp .-. L.oca6a~~pEptCh3~g8 FaX M/ ~i7~ ~,~ 76iepr, r //~///J Olsposition:. ~ Oe9poY ~ Fla{Wn ~ CiY tot pickup T1~L * ~ ~ STAl~ DIS'~'RISUTIN~ Phone 640 E. 57th Place (907) 563-3530 Anchorage,. Alaska 99518 May 6, 7996 N~~~~ut City of Kenai 290 Fidalgo Ave., Suite 200 Keriai, A.K 9961 l -7794 Attn: Planning and 2oining.Commission Ref: Paint Ball Playing Field Proposal. 'year Sir or Madam, :ri-Star Distributing owns 1/2 acre and a-7400 square foot ware- house on Van Antwerp Street leading to the proposed "Paint Ball Field"_ We are very much opposed to the project for the follow- ing reasons: ~. The road has never been ;c-aintained by the City of Kenai. We have doxae all improvements ourselves, including Culverts and gravel to build up height- and better drainage.. The City of Kenai still says the road is too-narrow and will not be maintained by the City. 2. We feel the extra traffic will pose a parking and access. problem with our warehouse. We do not want extz-a cars parked on our lot or blocking our driveway.. 3. The area is zoned for industrial use and should stay .that .way. Than3c ou, ~ ,~ ~. ~~ ~ ~ rx~y anna s ~ ~~i i92 W w w r ~~~ ATE: May 07, 1996 ~ ~~~' TO: City of Kenai/Planning & Zoning Commission 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 FROM: Irene P. Hartwig, Karen (Jaynes) Dinkel, Gordon A. Ja 4620 E. 115th Avenue Anchorage, Alaska 99516 SUBJECT: Conditional Use Permit/Barrett K. Nickel Paint Ball Playing Field/ Tract A, Block 1, Bridge Road S/D No. 2 As landowners of Jaynes Subdivision, a thirty acre tract that borders the property to be considered for a Conditional Use Permit, we ask that you would seriously consider the following specific concerns that we have before you make a decision whether or not to grant approval for this Conditional Use Permit. We are very concerned about an adequate parking area that would not overflow onto our private property. We believe that the existing xty foot Right Of Way, would not accommodate a general public parking area without restricting access, and would create an overflow onto an open area that borders the Right Of Way onto our property. Please note also, that the existing developed road on the Right Of Way ends at the far end of Block 5, Jaynes S/D. We are very concerned that opening up this Right of Way for use of a parking area and traffic would also open our property to use by seasonal cannery workers, and the general public for camping purposes. We have had many problems in the past keeping people off our property and with the extreme disorder that they leave behind. We are very concerned about the liability involved, even if definite boundaries are marked. We feel that in a "open-field" situation, and considering the type of sport that is involved, that the possibility of people venturing over onto our property is highly possible and probable. ar property is zoned "Heavy Industrial" and has been used in the past for heavy industrial business. The remnants of a concrete batch plant are within five yards of the Right Of Way. Three pits containing standing water (depths unknown) exist, along with miscellaneous scrap metals, concrete slabs, and large piles of sand and gravel. We feel that these conditions could pose severe dangers and even be enticing to those involved in an "open-field" sport of this nature. We ask that you would consider these liabilities, and whether or not this commercial recreation business is prepared to assume responsibility if their customers, either by accident or on purpose, decide to take their games over onto our property. At this time our property is for sale. We currently have an interested party that is involved in a "heavy industrial" business that would involve heavy equipment traffic. We feel, while commercial recreation has no designation in the "Land Use Table of the KMC," that a heavy industrial site and a recreation site bordering this lose to each other would not be in the best or safest interests of either business. In a visit to our property on Monday, May 06, 1996, I found Barrett Nickel and two other young men already engaged in clean-up, preparation and marking of the intended "play ball field" without regard to posted NO TRESPASSING signs, or the courtesy to check and ask permission to enter and walk over our property. We feel that this disregard for our private property is a violation and that it is likely to continue in the future. While we are not against free enterprise, we feel that this designated commercial recreation site would be, in the interest of all concerned, a contradiction to the existing zoning of surrounding properties. Sincerely, _.aren (Jaynes) Dinkel ..- ,~ -~ ~ NAY iS9~ w~ .~, ~ W ~ ~~ ay 6, 1996 ~0 To: Kenai Planning and Zoning Commis ~~1.~' Regarding: Application for Conditional Use Permit to operate a paint ball playing field at location Tract A Block 1, Bridge Road No.2 I would like to go on record as strongly in opposition to the issuance of this conditional use permit for the following reasons. 1. I reside directly across the street from this property and must contend with a dust problem even with the limited amount of use this road recieves at this time. I feel the dust problem would become extreme if this permit is issued. 2. In the past, security for my home and property has been a problem due to the large number of transient people that come into the area in the summer due to the fish processing jobs. Due to a new law whereby camping is not allowed on private property without permission, we have been able, with 1 the help of the Kenai Police Dept., to greatly reduce this problem. Most of the people camp on the other side of the highway at this time. I feel that allowing this paintball court would not only make it impossible for us to keep track of who was going back into the area, but would also encourage some people who camp on the other side of the highway to come over out of curiosity to observe this activity or possibly to participate. 3. This property is adjacent to a sensitive wildlife and wetland area where moose and caribou calve and I have also observed eagles, owls, sandhill cranes and other waterfowl nesting in the area. The Kenai lowland caribou also pass directly through this area when they migrate between the Beaver Creek area and the Kenai River tidal flats. 4. The proposed activity is not compatible with or in the best interest of the residents and businesses already in the area. 5. I feel that this activity would greatly deminish the ~ value of my property. .» ,' I respectfully request that this conditional use permit be ~ denied. Your thoughtful consideration of my request is greatly appreciated. Sinc rely, ~i Lawrence N. Croft 503 Van Antwerp Ave. P.O. Box 106 Kenai, Alaska 99611 283-4624 ~v ~ STAFF REPORT To: Planning & Zoning Commission Date: April 22, 1996 Prepared By: JL/kw Res: PZ96-36 GENERAL INFORMATION Applicant: Mark Zimmerman Zimco, Inc. for James & Jennifer Dye HC 3, Box 5755 Soldotna, AK 99669 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS City Engineer: Variance -House Lot 10, Block 7, Inlet View S/D RS-1 Suburban Residential Medium Density Residential The applicant wishes to construct a house that would encroach into the required 20' rear yard setback 4.5' as shown on the attached plot plan. The lot has an irregular shape and to stay within the setback, the home would be skewed from other homes along the street. The proposed encroachment would be in conformance with the KMC if the garage were detached. Building Official: The building code would not be compromised by granting this Variance. RECOMMENDATIONS Approval if no objections are voiced from the owners of Lot 8. ATTACHMENTS: 1. Resolution No. PZ96-36 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COnIMISSION RESOLITTION NO. PZ 96-36' VARIANCE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL CODE FOR: NAME: MARK ZIMMERMAN, ZIMCO, INC. FOR JAMES & JENNIFER DYE LOCATED: HC 3, BOX 5755, SOLDOTNA, AK 99669 LEGAL: ___ LOT 10, BLOCK 7, INLET VIEW SUBDIVISION WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.180 has been submitted and received on April 22, 1996 2. This land is on land zoned RS-1 Suburban Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: 20' rear yard setback. 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. the special conditions or circumstances have not been caused by the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. the granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures with in the sale land use or zoning district. 5. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on May 8, 1996. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the conditions specified in 14.20.280 have been shown to exist and therefore grants the variance. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this Stn day of May, 1996. A TE T: Planning Secretary CHAIRMAN CITY OF KENAI BICEtiTEti DIAL Yi~aye witl~a fist= G'c~y w~i a ~u~~e ~ DATE : ~ ~~ ~~ ~~ ..o~ ~ ~ ,ar.~„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT NAME : l ~' I G~ YG •~~F'1~ I )'1 ~>r17~G ~l lG l ~1 ~GU ~I~G•) PHONE : ~~~ ~~ MAILING ADDRESS: ~ +' ~ ~ ~~- ~7SS S~~C~c?tl1CZ ~~~'`~ ~' LEGAL DESCRIPTION OF PROPERTY INVOLVED : NCO ( ~~ ~~C~G ~ ~~~~ ~~~ ~~ ~ C~U~`-F ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS- RS-2 RU/TSH CC CG IL IH Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOII HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ' Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. A Public Notification and Hearin is requi ed before the issuance of this permit. A $10 5.00 .anon-refundable deposit/advertising fee is r ~o cover these notification costs. (Please see attached procedure sheet) 3. ~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ~~ The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. `~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. / The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: Applicant's Signature: U Approved: ~~ CHAIRPERSON Att st: M ralyn Kebschull, Secretary C:\WPDOCS\FORMS\VARIANCE.PG2 -_... \ L~o~ o ~ o~ coo / y ~ ~, ~ o~ ~ ~ °° ~ ~~ ~~ •~ ~o~ N Flo ~ ~~ i ~ ~ ~ ~~ ~ Oh a,../y ~~ ~~~~ ~~~ J~\/ Cy ew~Y i ,\O / '~ Lot 10 SSA B I k ~o~ ~I~ S~'~s3F 9 ~ S ~~, o. ?z~ ,g, proposed \~' one-story /j- trams house ~, wtth 2c attached ~jo./~ garage ass- , a°' ~9, o c 3gF,o Seven .~6, I~o~ ~ ~;- ~~• .;,~ ~z~;~~.., ,,f, .~'~ ~~: . ,., , ~ ' :r 't:;~.~:lt .y ...... '~ ;;:. ... •,•; PLOT PLAN ~No field survey was performed for this plot pla Scale: 1" = 30' F.B. #: N/A K~NAI RECORDING DISTRICT Plat: 86-190 Date: 17 April, 1996 Drawn: REW W.O. # 96047 Disk: \Inlet View 605 Swires Drive Kenai, Alaska 99611-8363 SURVEYORS PHONE - (907) 283-9()47 PLANNERS FAX --- (907) 283-9071 It is the responsibility of the Owner or builder, prior to construction, to verify proposed building grade relative to finished grade and utilities connections, and to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. LLo~ J~ ~\ /I~o4 p (~~~~ O~~ CERTIFICATION Plot Plan Certificate i. I hereby certify that the proposed improvements hereon are as shown on the following described property: Lot 10 81ock Seven Inlet View Subd. Third Add. Part Two Exclusion Note: 4 ____ o ~ ~.- .--- ~ ;. 1C7 ~ ~. t .. _,. ~I i , , i I ~ V p. ;~ +~ i.I ~'\~~~ o _ ~ ~ry~ ~ •~~. ~ 0 O O~ ~..~ ~Od 8 .Z ~ v( M of O \ r O _ Q c c a~ `"- I ~ ~~~ - ~~~~ ° ~ 3 5~.. yyyw V..FV NC P mV ~:! a! Ot O ~ O lye' ~` M~e al SrREE1 ~ o ~® `"` " ~I NO¢MAN. J N v~®Ou o Me N •~ Ne ~ ~. I ~ ~ _ ~~~ o ~~ ~ . r ~ ~ ~ +; ~° -~~ ~ by '~ .! o ~^~ ~: /r 'tp`•`~,r:d ` ~ --yy ••~.,, a '' ".> m ~ Y OA ` 0.4 •4y y ~'ir. aD c C T b y '. 1 ~'}. ~ n .fop , O r y~ ~ ~ v .iS ~ [~/L q M Y a ® "O'.e4;~ '4s~.. ~n ,Its ~i Y ~•; ~ x C.~ ~ -'_ N ~ ~ '' O Q ] rl ~~^ _ ~Z~ ~ o ) ~~: ~, 3~,~, 3 ~ ~ ~a n-; ~ ~- N =' ~ ~ ~ ~. vOm ly~ti ~ ~ ~. ti~J :V t, .. c 0 c r c Q~ ~~ •~ ~° 47 ~ fA ._ N ~ N C N d Q `1 ~! STAFF REPORT To: Planning & Zoning Commission Date: April 24, 1996 Prepared By: JL/kw Res: PZ96-37 GENERAL INFORMATION Applicant: Bryan Lowe 1 105 Angler Drive Kenai, AK 9961 1 Requested Action: Conditional Use Permit -Lodging & Guide Business Legal Description: Gov't Lot 5, Section 1 1, T5N, R1 1 W, S.M. Existing Zoning: RR Rural Residential Current Land Use: Low Density Residential/Commercial Recreation ANALYSIS City Engineer: The applicant wishes to construct a new home in which he will lodge clients and operate his guide business. The location and lot area available may help with distraction to neighbors. Building Official: No building plans have been submitted at this time, but no building code issues are involved to issue this CUP. RECOMMENDATIONS Consider public input -the number of rooms may need to be limited. ATTACHMENTS: 1. Resolution No. PZ96-37 2. Application 3. Drawings CITY OF' KENAI PLANNING .AND ZONING COMMISSION RESOLUTION NO. PZ 96-37 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: BRYAN LOWE USE: CONDITIONAL USE PERMIT- LODGING AND GUIDE BUSINESS LOCATED GOVT LOT 5, SECTION 1 1, T5N, R1 1 W, S.M. WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 24 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. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: Mav 8, 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, MAY 8, 1996. CHAIRPERSON A T ST: Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT NAME /` ~f~~ L o~ ~ PHONE ~~++ pZ~.3" /G~~~ MAILING ~/O~ ~5 ~ ~ ADDRESS Gti~ ~' ~ ~/~ ADDRESS LEGAL DESCRIPTION Go J - Lo ~ ~ S.GI~~~o'~ t (, '~'$VV, R,1 I W S. YYI . ZONING C ®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: Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL CONIlKENTS : /Ld ~~//~c~ t`~`Occ.~SE'. Applicant Signature: Date: ~-3 ~'~ Approved at P&Z Meeting: ~~- O J Approved: Chairperson A r~= _~.~ ~zU~i w m'~' ui X Nlli u) f~ uj ~~ .-~ Llt~A2(t IA.QQ~ U = ?-~ h• C7 e ('! '_ 1 ~,1! ~- iii •i ~•; 1 ~``j C~j :_.~ l7. `. u, ~ ~ ;,~ u ~ a. F {1 ~, ~ U) ~j¢~ . Q " ~U a ~" ~~ ~~~~ ~- ~, ~. 0. -,~ 3 ~, CT ~ O y M ti ~~ T~~ Yl,` ~~ ~/, ~/ _ ~'Yw .. h N ti /~,~~ fl970T11~\ ~;y3 ' ~ c`F~t+``~~ \; ., ~~QS~ r1,,:. z~.•z~~ -TZ.° Q f_,,,., .Y a t cn • o 0 cn a ~ to ~ ~ C_ vy C d o a y H - a~ v b G Q Y v a ~_ ~ m c. _ - - (~ ; 1 , a M a• .c rcI `l ~ Y ~/ E W z x h n ~ ~ o y. S ~ , m o~oo .. ~Z~ n A _` W~v ~ v ~ ~ ~ Y , N ~ ~~o ~ - y ~ ~ Q y,~~~a, ~W o ~ z' ~ ~ ti ~ ~ ~ 4 .. _,~ y~ _ W~ ,~ '~ ~ jj ~ :~ +~ _i III ,~ 1 ~ ~ ~~ ~~"~ ' ~~ i ~~ ,~ 3 G ~ ill m ~~ u_Q ~ (y~ R~ ~ .. ... -.r-1.-~..,~/.-... N ~ ~ ~ ~ . M Q~ ~, ~ ' ~ ~ Q .'~ O 01 ,!: , ~ ~ q V •V. E ~, ~' ` .~, '' j i! ~• ~:, 1~ ~ J ,~~ ' J, ~~~~ ~~ ~ ~~~~ ~ ~ ~ ~~ ~ ey e s .~~'~, ®~s,`o-y~ ~. C ~~~ ~~~ ~ .~ -~ ~. ~~ ~., ~~ ~ ~.~~ Lit ~C~ Aw9 ~~s r ~C vm,,y _~ ~~ Memorandum Date: 05/01 /96 To: Planning & Zoning Commission From: Jack La Shot, City Engineer RE: CARLOUGH-HOME OCCUPATION PERMIT-PZ96-30 Clarification with Ms. Carlough verifies that she intends to provide both child care and sewing service from her residence. She advised that the sewing business will involve sewing the liners for slippers and at this time that portion of the business will be limited to that activity. The code does not address multiple home occupations. Recommend the permit be granted since the sum of the impacts due occupations are not above code limits. JUmk Attachments STAFF REPORT To: Planning & Zoning Commission Date: April 17, 1996 Prepared By: JL/kw Res: PZ96-30 GENERAL INFORMATION Applicant: Janine Carlough 1502 Toyon Way 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 & ZONING 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 Carlouph for a child care center and sewing business 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 meetings of April 24 and May 8, 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 8~' day of May, 1996. ATE :Planning Secretary Chairman 1791-1991 CITY OF KENAI ,.OTC G'dj~~vl o~ ~l~a~„ 210 FIDALGO KENAI, ALASKA 99611-~_":- ~?_ mr--^ TELEPHONE 283 - 7535 ~' FAX 907-283-3014 ~ l ~ \ ' Date : ~ '~. ~'~~ I ~ ~ ~~ i ' HOME OCCUPATION PERMIT NAME : ~``, ~ t \ ~ ~ . i. ' Y t-~ i<` C; t `~ : ~~ PHONE : -= r > ? `_ `I ~7 _ 1 ADDRESS : ` "~'~ t~ -~i ~~ .:~ ~ (' t1. J ~ ~- ~~ ':' -'~, { ~ ~'.< ; t k 1 ~ LEGAL DESCRIPTION OF PROPERTY : ,.,,( L~~~V i I~ t~ ,' ; r~ '- ~_ ~ ~ ~ L -~ ! ,. ~~s N(+(;1.t_C.~~'- ~ DESCRIPTION OF OCCUPATION: r t: -...Z.\ ~ ~ r `~~ 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. t- 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) __ /, Applicant's Signature: ;~7,_ `~,;. ,~~ ~ I - ,% Approved : ~2~ ~ ~ ,~~ "CHAIRPERSON Date: 9 ~a 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% F1P, 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 ff Inlet Woods were developed in 1996 = $17,925 = .75 = 23 900 1996 market price -actual, based on fast 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. JL/kw C:\WPDOCS\DEPT\P&Z\PRZONE 14.20.095 Pc3me Residential Zone (RPl _ _ (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 TAl DR AF I ~~'' v ' ITT: P ~ Prircipel Persitted Use MOiE: Referarcs footrotes C s Coeditianel Use an foiloriro peas for s ' use edditiatil restrietias. N ~ Mot permitted _ Table 1 of 3 ' ,:>.,< ~ /. , 5~ &~ S ~~F` om Y `~ Nt ~ }W A ~t £ CC CG ~ ~ . . , . Y .. ~aY ~ ~ 2s;> z o~ ~n'?a;' 4 ' ' "``~ ' k ' ~y ' "~ ~ ~ , yN „i ~. . , K. t :#3si ~y2 ~ ~ .5 F~: ~ . S;: _ :7 ~k~i ,~ ... r ~. :.. .,. .... .: x.:<...: ,,. ~ S~~ ~~ '!~ ~'~°'~Fao1,~3~iri/ii ~,~f~'~k~~ " 1DF~PtT ,. . ... ~ r~3'~'7// 3r` ~~F~x','\„~~~°'®F ,th~a~.`L .Y, ,~,,,.,, ~k^~'~ .e. / .. ,.:..,u~3Jiy ~.'+~w,','. One Family Dwelling P P P P P P S Si S2 P. P P Two Family Dwelling P P P P P P S P P N ThreeJFour Family Dwelling P P p S Si N F1vdSix Family C3 i Dwelling P P S S N Seven or More C3 C3 P S 5i Family Dwelling C N Townhouses ~ C C C N Mobile Homes s N ~e Home ~ b C C N Planned Unit Retidentisl C C C N Development ~ N Automotive Sales P P P N Automotive Service Stations P P P N Banks P P N Busine~/Consnmer Services P P C N Hotds/Motels P P C N Professional Offices P P P P P S P N ~~~ Cs P P C C N RetaiUWholesale Busine~ p p p p C C N Theaters/ Commercial Recreation P P P C N 14-65 CITY OF KII~JAI IO2Y: P ^ Prineipel Peraritted Use C ^ Carditioerl Use S ~ Secondary Use N ~ Not permitted t~ ~... C'' USES ~.. LAND USE TAB Table 2 of 3 ~iAt+ DRAFT ~''' ~ . NOTE: Refewiee foobiotes en follariro Prose for sdditionel restrictions. Airports and P Related Uses P P N Automotive Repair/ T~ RecaPP~g/ P P P N Rebuilding Gas Manufacture/ Storage ~ N Manufacturing/ Fabricating/ P P N Assembly/Storage Warehouses P P N N Charitable Institutions P P N Churches pio pio pio pro Cs P C° ~~ P P C N Colleges C C C C C N Elementary Schools C C C C C C" Governmental. Bulldings C C C C N ffigh Schools C C C C C N Hospitals C C C C C N ~~~ C12 P P P Cu M P P P N Parks and Recreation P S S S S S p p C Public Facilities C C C P C N Sanitariums C C C C C N 18 On developed arterial only. (This footnote will be added to current list.) 14fi6 CITY OF I~tAI LAND USE TAI _ PF /'~/1~ ~t,a,.~ ~ ~, ~«~;~ a.o.. r iwc pe~ictea Table 3 of 3 :. :~^ ,y ... :.... '.f,: ........ "%1;~~:,:v, ~... y/~/ ~~ ~,. ?tr:. `.:: :Y .yam.... ~ 3 ,.. { f..: Q.. ~•~$.., /~ ;'~x ~ Y ' Y~ .t:'v"~;:~<;': y:;.: ` /.% .K .... ':;r:5:::,.?. N': '~jA !off' v : .. ...... '... y~: ~':: . ....::::.:.:v+:+i. iu ... • ^.~ ,ft ' A:: ~:::~t ~ ': y .. ~ le '.:i'.:2'i a }w 4~aR:::w.'3?,%L.`I.e`t : ~~ .~ : ~ ~+'•>~~f :~ '~ 'u ~ ~ . . ~; y . > . . ... , , . .y t' . .....+. Y.:~:. .. .. ~* '. is// ,.. _. ~eK.'~, s~'~^~~a~ - ~ r~ ~ . y Animal Boarding 's C C C N Bed & Breakfasts C C C C C N Cabin Rentals C C N Cemeteries C N Crematories C C C C N Day Care Centers ~Z C C C C C C C C C ~~~~~ P S' S C N Boarding Houses Fnsential Services P P P P P P P P P P P P P P Farming/Gardemng/ General Agricdture P P P N o ~ ~ m~ C C C C C C N Assemblages ~s (Large: Circuses, C C C C C C N Fahs, etc.) I.odges/Fraternal Organizations P P C N Norsing, Convalescent or C C p p N Rest Homes Parking, Off-Strcet P P P P P P P P P P P P P P g' Pab>jc fi C C C P C N Prkate Clubs P P P S C N Radio/TV 'l~ansmitters P P P S N Recreational Vehicle Parks C C C C C C C N Soc~all3alls P P C N Subsurface Ext- raction of Natural C C C C C C C C C C C N Resources '6 Surface Extraction of Natural Resources 17 C C C C C C C C C C C N Union Halls P P C N 14-67 CITY OF KIIdAI ~' o v~ .r ~ A. F a~ o . s w- c ZS vi 5~ r5 25 ~ ~ 'C w .~.. ~ O ~ 'C ~ w ~ .~ O ~ ~~~ ~ h 8 I8 r3 ~i ~ ~ ~ ~ .~ N 8 N O O Q N I.n V ~ ~ !J N ~ ~~ r~ _~ 33 33 v v a I o, i li I .11111 i li I ,11111 ~ 8 a N 4~+ ~~. i i 0 ~^ U t% O ( i ~ ( ( i li I .11111 I~ I ~I~I'I i li 1 ;11111 i~ i ~ ~i~i C .., ~: ~ C .., ~ ~ • ~ 3 a3i 3 3 ~ 3 °~ ~ a~ ~~ v A ~, ~ ~. ri $ c_ o ue°, p° w a ~~ = ~ ~ > .~ P~ LL :L fir ~ q ~ V~ O 0 .~_. .. O~ N h H 0 N Op a d E+ a ~ ~ 0 a- 0 >'~a'> '''~ alt ' '' 0~0 N .Nr N ~O !~~1 s, .: • ~ ~ aR Nom.. N i0 ~ .~: 'vow ~ ~ > o .. ~ c u ~ ~ "' $ 7 ~~ ~ ~ ~ .;:;, ......;: ~ N ~ N i i N V1 N ~ !~ `o N ~A !V Q M ~D N H ~ ~ evi wl ~ I a ~~ ~, c a, ~~ ~ ~ ~.: ci i3 ~ ~ ~~ ~ w h h ~~ a ~'~ ~~ .y C. y ~ ~ ~ u ;o e4 ~ ce . .~ ~ g e ,~ iT 3 S o ~~ ~v E ~ `o ~ °~ ~v 3~ ~,. C ~ ~ V ~ ~- .. wC w ~~ ~ ~- O ... w O ~ ..~ _ v L y.~V+ C ~~p .RC ~ F N ~ ~ u w H 3 8 ;cx .E ~ ii .e `0 a+ ~ U w •~' . ~ E c y ~~b ° .a " ~ °° o . ~ '~ o ~ ;~ y s_ t 3 ~ .~ w f V U ~ H r J- ~"~ O ~ ~ ~ N ~ ~ ~ ~ ~ .~.. ~ N ~~ ~ ~h ~~~ ~/o~ a`i ~ ~ v ~ J ~6 he ; / '~ o '~ ~i ... s ~ Cam/ ~,r fs..l~ aLe_ D ®..dT ~c. f/l _ - -- _ ~ _ ~ ~/ .~ 6 (,, _7_g ~ -- - - ~~ t. ~.~~ ~ ~` f~ i v s, ~J ~ -- s y ~ ~ y~ o ~ - - ---- ZiY ~i-ri/~ .,[ v ~- ! v fq ~ h =l. C ~~PJ / ~ .Z O ~ 0. O , D _ O _ --- -.~ / z zoo, ~~9, Yo - ---- 1 !X 0 0. - - - - ----- Cl~ / ' J 1 '~ !/I VJ ~ - AOtN„1 ~ _ - -- ~ ~ o o Z.,,r p c .,7~. ~.., Z O O a ~~ . / r ~ Z4 rf.,~~ / o n h!i ~9 , h SS E'/ -- .~. O/ O O O -- -- _ ---- -- - - ~ ...yy++-- Q~ ~ y/-. c t'~- ~ ~ ~ rJ ~ O a o _ _ - -. - -- - - r~ __.. ~~ m ~ ~b (3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall not be less than fifteen percent (15 %) of the sales price. (4) The City Manager is not authorized to accept terms for the sale of tax- foreclosed lands unless the down payment to be received thereunder, or other sums appropriated for the purpose, are sufficient to make immediate payment to the Kenai Peninsula Borough and the former record owner of the sums which are, or may become, due to them pursuant to the provisions of AS 29.53.380. (b) If the City manager determines that it is in the City's interest to sell City lands, the sale shall be either a cash transaction or by a note secured by a deed of trust, subject to Paragraph (a) above, and by no other means. The note and deed of trust shall carry terms as follows: (1) The term of such note may be set by the City Manager, but is shall provide for monthly payments and not exceed twenty (20) years unless a longer period ,~ O for a specific sale of land is approved by resolution of the City Council. ~~~ ~"" (2) Such note shall bear interest at a rate to be determined by the City Council j~ by resolution. (Ords. 612, 711, 1001, 1411) 22.05.050 D~ermination as to need for Public Use: (a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. ~ (b) Whether land previously dedicated to a public use should be dedicated to a different public use or should no longer be needed for public use shall be determined by the City Council by ordinance which shall contain the new public use for which said property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (c) Any determinations pursuant to subsections (a) and (b) herein which pertain to tax- foreclosed property which has not been held by the City for a period of more than ten years after the close of the redemption period shall also comply with the requirements of KMC 22.05.090. (Ords. 312, 640) 22.05.060 Tax Fomclosute Parcels: (Ord. 312, Repealed Ord. 612) 22.05.070 y Exchanges: The Council may approve, by resolution, after public notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange. (Ords. 312, 588) S55-06/01/91 ~{ CITY OF KENAI Kristine A. Schmidt /Robert J. Molloy. 513 Ash Avenue Kenai, Alaska 99611 (907) 283-7373 / (907) 283-2835 facsimile May 8,.1996 City of Kenai, Planning and Zoning Commission 210 Fidalgo Ave Kenai, AK 99611 Re: Motion to Buy Property for Airport Buffer Zone Dear Commission members: We support the motion to buy the proposed Richka Creek Estates Subdivision property for the airport buffer zone. We believe that this purchase is in the best interests of the City's residents because including this property in an airport buffer zone will protect nearby subdivisions from the major increases in airport noise that will occur if the property is cleared for development, and the City will not have to later buy back the property at a greater cost because of increased airport noise, Very truly yours, Kristine A. Schmidt Robert J. Molloy Note to Planning & Zoning staff: Please make a copy and deliver to each Commission member. ~~ 'George ~. & Kathryn E. Silides Post Office Box 555 } Kenai, Alaska. 99611-0555 Tel: (907) 283-4690 City of Kenai 08 May 1996 Planning and Zoning Commission Kenai, Alaska 99611 - 7794 RE: Richka Park Estates Subj: Purchase or Land Trade By The City Of Kenai To All Commission Members, ~~~ We have previously entered written and oral testimony before the Commission in opposition of the development of the subject property as proposed and platted. Please accept this as an addition to that testimony for your consideration. It has been said before this Commission that, "An owner has the right to develop his property as he sees fit, including clearcutting". To that statement I must say, "Maybe". I say, Maybe", because Courts have held that a property owner can be constrained in his development if such development will diminish the value of adjacent property,. adversely affect the quality of life of other property holders, or if environmental damage ensues from the proposed development. Property owners in Woodland fear that all three of the above conditions will stem from the development of property lying between Woodland and the Kenai Airport. Having said that, I agree that Mr. Hall, the person proposing the development of Richka Estates, has the right to profit from his investment. After all, the property was available for sale to any person or entity, INCLUDING T~-IE CITY OF KENAI. In fact, it was widely circulated to purchasers of property in Woodland that the property now planned for development was the City's "Greenbelt", and not subject to development. A good example of "Buyer Beware". The City of Kenai can protect both the residential and development interests involved, and itself from future complaint of noise from its airport traffic, by leaving the land between Woodland and the airport in its historic use. It can do so by either buying the property in question, o r by trading other land of equal o r greater value. We both urge such intervention by the City of Kenai in this matter. ~ Res ectfully submitted, George C. Silides 1Da AGENDA 1CENAI CITY COIINCIL - REGIILAR MEETING MAY 1, 1996 7200 P.M. ~iI CITY CO~1dCIL CHAMBERS A. B. C. ~~~~~ ~~a~ ~~ u• ~r~~~ ~. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. BCB:EDIILED PIIBLIC C01~IIdENT (10 Minutes ) 1. Richard Warrington - Head Injury Support Group PUBLIC HEARINGS 1. Ordinance No. 1689-96 - Increasing Estimated Revenues and Appropriations by $2,592 in the Senior Citizens -- Borough Special Revenue Fund. 2. Ordinance No. 1690-96 - Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizens -- Borough Special Revenue Fund for Needed Operating Expenditures. 3. Resolution No. 96-31 - Setting Fees for Xerox Copies, As Amended. 4. Resolution No. 96-32 - Accepting a Grant From the Alaska Aerospace Development Corporation for the Challenger Learning Center Feasibility Study. 5. Resolution No. 96-33 - Transferring $10,000 in the General Fund for Shop Repair and Maintenance Supplies. 6. Resolution No. 96-34 - Awarding the 1996 Lease of the Kenai Public Dock Station No. 2, to Snug Harbor Seafoods, Inc. for $8,000 or $.0375/lb., Whichever is Greater and the 1996 Lease of the Kenai Public Dock Station No. 3, to Snug Harbor Seafoods, Inc. for $10,100 or $.0375/lb., Whichever is Greater. -1- ~~ ~~ 7. Resolution No. 96-35 - Adopting Certain Street Name Changes to Eliminate Ambiguities and Establishing Official Names for Kenai Streets. ~~~~~'~~8. Resolution No. 96-36 - Transferring $4, 000 in the ~ ~R~ General Fund for the Purchase of CSS1 for Annual Dust Control Operations. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Renai Visitors & Convention Bureau Board E. MINIITES 1. *Regular Meeting of April 17, 1996. F. Q. OLD BII8IN888 1. Discussion - Dunes Parking H. NEW HII8INE88 1. Bills to be Paid, Bills to be Ratified ~~?~-~~c~ 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1691-96 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. 4. *Ordinance No. 1692-96 - Amending Title 23.50.010 of the Kenai Municipal Code in Order to Incorporate Changes Brought About by the Organization-Wide Classification Study Conducted in 1995. -2- 5. *Ordinance No. 1693-96 - Amending KMC 1.25.030(c) Allowing for a Deputy City Clerk or Temporary Deputy City Clerk to be Paid the City Clerk's Salary During the City Clerk's Absence. 6. *Ordinance No. 1694-96 - Increasing Estimated Revenues and Appropriations by $5,000 in the General Fund for Completion of the Challenger Learning Center Feasibility Study. 7. *Ordinance No. 1695-96 - Suspending the Provisions of Chapter 7.12 of the Kenai Municipal Code Beginning June 15, 1996. 8. Approval - Consent to Assignment for Security/Lot 3, Block 4, Fidalgo Commercial Center (John P. and Karin L. Gensel d/b/a Creative Child Care LTD to The First National Bank of Anchorage). ~~~~ 9. Approval - Application for Lease/Lot 4, Block 5, Cook Inlet Industrial Air Park & Adjacent Right of Way ~ ~~ ~ (Robert C. Jackson, d/b/a Jackson's Sales and Service). ~~ !t/~®~1~ 10. ~~~~ Discussion - Airport Terminal Advertising. X11. °2~~ ~ Discussion Financial Disclosure & Conflict of Interest Re uirem t f Cit D t ~ , i q en s or y epar ment Heads. ~s 'r'`~i ~~ 12. Discussion - Proposed City Manager Employment ~u~ Agreement/Thomas J. Manninen. ""~ 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. DISCII88ION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- ia~ ~~ .. Apri129, 1996 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 4~ FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF APRIL 22, 1996 RE: Hakkinen Estates 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 Departme~it. This notice and unapproved minutes of the subject portion of the meeting were sent April 29, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: McLane Consulting Group, P.O. Box 468, Soldotna, Alaska 99669. Subdivider/Petitioner: David and Annette Hakkinen, P.O. Box 18, Kenai, Alaska 99611- 0018. KPB File Number: 96-058 . ~,~~?2829~~~i n~ 1 ^~`~ ~ ~~ ~~ w ~ ~ .. ~ eJ ~~ -"'+ '~~ d~ ~ ~/ ~;>, ti / ~:~y9n~ ,~ -sR~ ~~ > ~+ AGENDA ITEM I. CONSIDERATION OF PLATS Hakkinen Estates KPB FILE 96-058 STAFF REPORT Location: Evergreen Street and Fourth Avenue within the City of Kenai Proposed Use: Residential Zoning: Suburban Residential Sewer/Water: City Supporting Information: This subdivision of Gov't Lot 62 will create two lots. Right-of-way dedications extend and/or match prior dedications. The Kenai Planning and Zoning Commission recommended approval on March 27, 1996. (Routine Preliminary) PC Meeting 04/22/96 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: 1. No additional preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 3. Conform to conditions of KPB Planning Commission Resolution 78-6. 4. State of Alaska, Department of Environmental Conservation requires their approval on the final plat and recorded instruments in accordance with 18AAC Chapter 72 Article 3. 5. Compliance with Ordinance 90-38 (Substitute) -Ownership. 6. Compliance with Ordinance 93-59 - Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Carpenter moved, seconded by Commissioner Clutts to approve Agenda Item 1.2. Bayview Subdivision No. 7, Agenda Item 1.3. Hakkinen Estates, and Agenda Item 1.4. Clear View Subdivision No. 4, subject to staff recommendations by unanimous consent. Commissioner Johnson abstained from discussion and voting from Agenda Item 1.4. Clear View Subdivision No. 4. VOTE: The motion passed by unanimous consent with Commissioner Johnson abstaining from discussion and voting for Agenda Item 1.4. Clear View Subdivision No. 4. KPB PLANNING COMMISSION APRIL 22, 1996 MEETING PAGE 52 C`vk'-Fs f'~,~rr~'~T' ~~~ Public Notice US Army Corps GC d ~~ ~ of Engineers Alaska District ^ ^ of A I D cats o n pp _r "L'' Regulatory Branch (1145b) ^ _ . r ...L~~ for Pe rm i -~~ ~ `~y Jtr. vVvi<K5 OEr -~ ~~ ~ Post Office Box 898 ;y/,;;; ~:;,yr -Q Wtr ~ ,:.+r• Anchorage, Alaska 99506-0898 ;~, ,~ ,ec. -^ Streer~ t,~~ -RS y' _ ~[~ sr::;, _ w PUBLIC NOTICE DATE: 18 April 96AF~ ^ Sir a~R~ 9 6 EXPIRATION DATE : 20 May 1996 ^1 e JQ~ V ~V Chigz~'a!taint 5 ~'r ~' REFERENCE NUMBER: 4-960072 . ~t}~;C la.;;t WATERWAY NUMBER: Kenai River 318 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Doug Jones, 5900 Lynkerry Circle, Anchorage, Alaska 99504. Agent: S.A. McLane, Post Office Box 468, Soldotna, Alaska 99669. Telephone (907) 283-4218 LOCATION: Swires Road from Lawton Drive to private property within the City of Kenai, Alaska, in section 3, T. 5 N., R. li W., Seward Meridian. WORK: Construction of a 28' wide x 1;600' long access road from Lawton Drive to private property owned by Mr. Jones. Construction of the road involves placing 3,630 cubic yards of fill in .82 acres of wetlands. Two 18" x 42' corrugated steel pipes will be placed under the. access road in order to allow drainage (see attached plans). PURPOSE: To provide access to private property for future residential development. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTP,T, ZONE M_n?~7AGEMENT ACT CERTIFICATION: Section 307 (c) (3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456 (c) (3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. CLn•TLn?n?, RESOURCES: The latest published version of the Alaska Heritage Resources Survey (ARKS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. This worksite is not a registered or eligible property. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. F.1~~ANGERED SPECIES: No threatened or endangered species are known to use the project area. Preliminarily, the described activity will not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. gFDERA?~ SPECIES OF CONCERN: None gT~00D PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. GpF'~'TA?• AREA DESTGNATTON: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation.of? the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, -2- cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320. 3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Ms. Courtney Quinn at (907) 753-2724 or (800) 478-2712 toll free within Alaska, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404 (b) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments ~ -3- u W GRAPHIC SCALE soo o zso soo toao ( IN FEET ) 1 inch = 500 ft trr-suHncvmBn = SEC 34 IAwTON DIVE 1G0' B SEC C _ - _ _ 50 Section Line Est i i I GOVT LOT 1 I i Ig UNSUBDII~IDED RE~[AINDER N two I g ~ i O ~ KENN C~OLFCOIr'Fi9E F I I I I I PROPOSED R/Yr UN I I I A ~ CENIERUNE I CONSTRU C'IION I I I / ( ~ _ = -+E SEC 3 SEC JONIES PROPERTY IINSUHDI9IDED 32 I 33 I / 34 T6 N Lawton 4 Golf Course PERMIT AREA. 3 /i / m Beaver Loop Rd. RIVER 9 ~~ 10 8 WC Y~ VICINITY MAP t • - ~ "" 35 2 2 NOTES: 1. SEE SHEETS 2 - 4 FOR PLAN AND PROFILE DRAWINGS & TYP/CAL SECTIONS. KENAI RIVER 318 4-960072 APPLICANT DOUG JONES PROJECT 5900 LYNKERRY CIRCLE SWIFtES ROAD ANCHORAGE, AK 99504 PERMIT AREA LAT 60' 33' W LONG 151' 10' N PREPARED FOR DOUG JONES 5900 L YNKERRY CIRCLE ANCHORAGE, AK 99504 LocAlioN 5.77 ACRES M/L SITUATED IN THE NE 1 /4 McLANE CONSULTING GROUP NE 1 /4 SEC. 3 - T. 5 N. - R. 11 W., S.M., AK., ITY F NAI. PROFESSIONAL ENGINEERS. SURVEYORS at PLANNERS PROJECT, N0./ DWG.NO. SHEET OF DATE P.o. sox ass soLDOTNA, AK 99669 907-2s3-a2~s 952016/952016S1 ~ 1 of 12/5/95 32 33 34 Lawton Dr. T6N T5 4 Golf Course KENAI P ERM I T S wr ~=^ AREA 5 KENAI ' 3 T n o U ELI ~ Beaver Loop Rd. GRAPHIC SCALE ~W RIVER 9 ~ a 10 ~ooo o soo tooo 2000 WC Y~ R » w VICINITY MAP ~'• _ ' MI ( IN FEET ) 1 inch = 1000 ft UNSUHD(VIDID SEC 33 SEC 34 LAWTON DRIVE 100• R/X SEC SEC 35 SEC 4 SEC 3 ,~CI.UBHOUSE - - - "- SEC 2 1 50' Section Line Esrri t ~Yit aatva+c au+ca p4 PROPOSED ROAD OILERS /12 i18 Q c CONSTRUCTION CENTERLINE PARK E X13 ~1 d9 I • E /y ~ o PERMIT AREA ~t~ ye M'~ ~a +~ ~ LAT 60' 33 W /is Me LONG 151' 10 N /ia ~ 50' SEC. LINE ~{ts ~ EASEMENT SEC SEC 2 ~ / JONF~S PROPERTY UNSUHDTPIDED~ ~ ~ ~.. ~ ~ t 80 ACRES ~ i V ~ +• ,. ~ PROPOSED R/W LINE + r i ~ L ~ APPROXIMATE EXTENTS OF WE'MNDS OTES: PREPARED FOB: 1. SEE SHEETS 2 - 4 FOR PLAN AND PROF/LE DRAWINGS & DOUG JONES 5900 LYNKERRY C/RCLE TYP/CAL SECT/ONS. ANCHORAGE, AK 99504 0 2. 2/25/96 ADDED KENA/ GOLF COURSE & DOUG JONES PROPERTY. APPLICANT DOUG JONES 5900 LYNKERRY CIRCLE ANCHORAGE, AK 99504 PROJECT SWIRES ROAD LocATION 5.77 ACRES M L SITUATED IN THE NE 1 McLANE CONSULTING GROUP NE 1 /4 SEC. 3 - T. 5 N. - R. 11 W., S.M., AK., PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS PROJECT N0./ DWG.NO. SHEET OF DATE P.O. BOX 468 SOLDOTNA, AK 99669 907-283-4218 g52016/952016S1 ,~ Of ~ 2/25/96 .~ N 89'56'00" E LAWTON DRIVE 100' R, EXISTING 12' WIDE UTILJTY MAINTENANCE GRAVEL ROAD LJ ~LJ GRAPHIC SCALE zoo o ~o0 200 QI FEET ) 1 inch = 200 ft KENAI GOLF 1325.71' SEG; 3 ' SEC 35 50' Section Line Esm't . ~- TH ~ PROPOSED R/W LINE PROPOSED ROAD ~"" CONSTRUCTION CENTERLJNE T}{ q ~~ t~ ~; ` ~ STq, 15~ a )U SE ~~, ~a is+~ ~ a ~" k"I~ Tq, + A . W A STA• i$f0p W '~ 1v0. 3 FAIR~PAY 4 N ~ o ~ - - z TMs GOVERNMENT LOT 1 UNSUBDIVIDED REMAINDER O ~ z JONES PROPERTY UNSUBDIVIDED SEE SHT. 4 OF 4 FOR TYPICAL ROAD ~ ~ P A•-~9'~'~886 :,, Flwa-tLA~NDS~ARI~, ~~ - E '`r~ `_ sa sT a 18'' x 42' c `~ ' ~ CSP yi t ? ' ? +u - "~ ~ ~` o ,N, ~ ~q' ~ - - - ,• } ~ U $ ~ $ ~ ~ YYETL.ANDS ~ ~ 7CPPRDXIMIITE ~ O f aNETi.AN6S ~ - - - ~ H H 89'58'08" E 1322.10' sEC a sEC 2 > ~ APPLICANT DOUG JONES PROJECT 5900 LYNKERRY CIRCLE SPIRES ROAD ANCHORAGE, AK 99504 LOCATION 5. / / AGKES M/L 51 I UA I EU IN THE NE 1 McLANE CONSULTING GROUP NE 1 /4 SEC. 3 - T. 5 N. - R. 11 W., S.M., AK., THE CITY OF KENAI. _ PROFESSIONAL ENGINEERS. SURVEYORS de PLANNERS PROJECT N0./ DWG.NO. SHEET OF DATE P.O. BOX 468 SOU)OTNA, AK 99669 907-283-4218 '9SZO16/952O16S1 ~ Of ~ 12/595 t 8D 75 70 65 60 55 5D 45 8D 75 70 65 60 55 50 45 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o an o in o ~ o ~n o ~n o ~n o ,n o 0 0 -I- + + + + + + + + + + + + -I- ~- + + LD I~ n ~O tC to to ~ ~ t7 t7 N N .- .- O O ~ _ ~ > ~ J W lL m Z w w N m N ~ ? Z J ~ F- W H 3 w Z U I% C ~ F ~ ~ _ / ROPOSED FINI SH GRADE ~ EX ISTING GRADE 8D 75 70 65 60 55 50 45 $~ 7: 7( - ROPO SED FINISH G RADE 6; ` - - - 6f - - - - - _ - _ 5; E XISTI NG GRA DE 51 PROPOSED 18" ss CSP 4 0 0 0 0 0 0 0 0 0 0 0~ 0 0 0 0 0 0 o .n o ~n o ~n o ~ o 0 0 ~ o in o ~n o + + + + + + + + + -F -}~ + + + + + + tp i!') tly et d' M M N N r- ~ O O ' N N N N N N N N N N N N N ~ ~ ~ ~ ' ROAD PROFILE HORZ. SCALE: 1" = 200' VERT. SCALE: 1" = 20' KENAI RIVER 318 4-960072 APPLICANT DOUG JONES PROJECT 5900 LYNKERRY CIRCLE S~9IRES ROAD ANCHORAGE, AK 99504 LOCATION ~. / / A(;KtJ M/!_ JI I UA 1 tU IN I t-It IVt McLANE CONSULTING GROUP TN}EIE1 CITY OF KENAI. 5 N. - R. 11 W., S.M., AK., PROFESSIONAL ENGINEERS, SURVEYORS Ec PLANNERS PROJECT N0./ DWG.NO. SHEET OF DATE P.O. 80X 468 SOLDOTNA, AK 99669 907-283-4218 g52016/952016S1 ~} of S 1.2%1 /95 -14' 14' 8" TYPE I FILL 34" TYPE III FILL 36' WIDE GEOTEXTILE EXISTING GRADE N 0 TES: 1. MATERIALS FURNISHED FOR USE AS TYPE I CLASSIFIED FILL SHALL CONFORM _ TO THE FOLLOWING GRADATION: US STD. SIEVE CUM. ~ PASSING 3 100 3/8" 50-90 # 10 25-60 # 40 10-35 # 200 0-5 2. MATERIALS FURNISHED FOR USE AS TYPE III CLASSIFIED FILL SHALL BE AN APPROVED NON-FROST SUSCEPTIBLE SAND OR GRAVEL 3. MATERIAL TYPES INDICATED SHALL BE PLACED IN LIFTS NOT EXCEEDING 12" IN DEPTH. THE MATERIAL.~SHAU_ BE COMPACTED TO 959: OF MAXIMUM DENSITY. 4. DEPTH OF SPECIFIED MATERIALS TYPICAL FOR FlLL PLACED IN WETLANDS. 5. ALL GEOTEXIILE SHAU_ BE REINFORCEMENT GRADE & SHALL COMPLY WITH ADOT SPECIFICATIONS, TABLE 729-1.. MINIMUM OVERLAP AT LONGITUDINAL JOINTS IS 2 FEET. MINIMUM END OVERLAP IS 4 FEET. MATERIAL WIDTH SHALL BE 18'. TYPICAL ROAD SECTION STA. 16+50 TO 25+00 SCALE: 1" = 10' KENAI RIVER 318 4-960072 APPLICANT DOUG JONES PROJECT 5900 LYNKERRY CIRCLE S~9IRES ROAD ANCHORAGE, AK 99504 LOCATION 5. / / AGKtS M/L 51 I UAl tD IN ~Ht NE 1 /4 McLANE CONSULTING GROUP NE 1 /4 SEC. 3 - T. 5 N. - R. 11 W., S.M., AK., THE CITY OF KENAI. - PROFESSIONAL ENGINEERS. SURVEYORS do PLANNERS PROJECT N0./ DWG.NO. SHEET OF DATE ' P.O. BOX 468 SOLDOTNA. AK 99669 907-283-4218 . 9520'1 6 /9 5 201 6S1 ,,~~ Of ~ 12/5/95 e O a ~ ~ a Tony Knowles, Governor OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION IJ SOUTHCENTRAL REGIONAL OFFlCE ^ CENTRAL OFFICE ^ PIPELINE COORDINATOR'S OFFICE 3601 ~C' STREET, SUITE 370 P.O. BOX 110030 411 WEST 4TN AVENUE, SUITE 2C ANCtIORAGE, ALASKA 89503,5930 JUNEAU, ALASKA 09811-0300 ANCtIOFL4GE, ALASKA 89501-2343 PH: ('907) 561~131IFAX: (907) 561-6134 PH: (907) 4653562/FAx (907) 46.x,9075 PH: (907) 278-8594/FAX: (907) 272-06'90 STATE OF ALASKA DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended [P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice Number 4-960072 will comply with the Alaska Coastal Management Program an a e project will be conducted in a manner consistent with that program. The Division of Governmental Coordination requests your comments on the proposed project`s consistency with the Alaska Coastal Management Program. For more information on the consistency review process and the comment deadline, or to submit written comments, please contact the Division of Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska 99503-5930. Attachment 2 ~- r ~ ~ ~ ~ ~ ~ ( / Vrv T A/vV W6rS ~auvrrrrvuH !(!f , t! ~ ~ I ~i' ~~ ~j ~~ 1 ' 1 ~ ~ ~ 4 ~f ;~ L ._ __..... .. .. DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF AIR AND WATER QUALITY Industrial Operations Section 401 Certification Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION An applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with section 401 of the Clean Water Act of 1977 (PL 95-217), also must apply for and obtain certification from the Alaska Department .of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers' Public Notice No. a - g ~ n n ~ ~ serves as application for State Water Quality Certification from the Department of Environmental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the Corps of Engineers' Public Notice to: Department of Environmental Conservation Industrial Operations / 401 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907) 269-7567 Fax: (907) 269-7652 Attachment 3 printed on recycled paper b y C.O. 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