Loading...
HomeMy WebLinkAbout1997-12-10 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION `+ AGENDA KENAI CITY COUNCIL CHAMBERS December 10, 1997 - 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-55-Rezoning Application-Tract 1A, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. 7. NEW BUSINESS: !, a. PZ97-56-Home Occupation Permit-Massage Therapy-Lot 9, Block J, Woodland Subdivision (610 Laurel Drive)-Application submitted by Sharon L. Van Natta. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB letter dated 1 1 /26/97 to Brian Lowe b. KPB Planning Commission Action of November 24, 1997 c. KPB Planning Commission 1998 Calendar d. City of Kenai Ordinance No. 1763-97 e. City of Kenai Planning Commission 1998 Calendar 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION November 26, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINiJTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Karen Mahurin, Carl Glick, Michael Christian Members Absent: Barb Nord Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: CHRISTIAN MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -November 12, 1997 GOECKE MOVED TO APPROVE THE MINUTES OF NOVEMBER 12, 1997 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. Bryson requested that the last sentence in the third paragraph on page three be changed to "Bryson stated that a 40' minimum may be desirable". Bryson pointed out that a 40' minimum is not a requirement. WITH THE ONE CHANGE NOTED THE MINUTES FOR NOVEMBER 12, 199? WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: a. P297-49 - A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes Planning & Zoning Commission November 26, 1997 Page 1 GOECKE MOVED TO APPROVE P297-49. MOTION SECONDED BY WERNER-QUADE. No public comment. Kebschull clarified that on page 2 of the Land Use Table, under RR1 Zone, Commercial should have read C19. When the table was printed the C19 did not print. Kebschull noted in her memo that it was unclear whether or not warehouses under RS needed to be a C19. The information and comments in the staff report need to be reviewed to make sure the intent is to not allow any manufacturing in the RR or RS zones. Kebschull noted that the Commission may want to consider keeping it a C considering the gentleman who wants to build cabinets in his garage. C19 requires egress and ingress from the Spur Highway. Kebschull reported the Historic District Board questioned why the entire residential section of the table had permitted uses only in the one and two-family dwellings and conditional for everything above that in the current table, and permitted in all sections on the new table. The Board was not necessarily against it but wondered if this is what was actually wanted. Glick referenced the last item regarding the townsite and asked Smalley if that is what Council had recommended. Smalley replied that he was sure it is what Council had recommended. It was verified that it was permitted instead of conditional. Kebschull stated the townsite items were noted from the staff but never changed or discussed. Kebschull reported that she talked to the building official about it after the townsite meeting and the property sizes were looked at. They vary greatly and the building official felt that lot sizes would determine building size. Christian stated there were already some large family dwellings in the area so a change now would seem inconsistent. Christian asked about the other area of concern with regard to manufacturing in the RR1 and RS zones and whether or not the 19 footnote should be kept on it. Kebschull verified that the 19 footnote would allow only the use on lots with access from the Spur Highway. Christian stated that he had no problem with leaving the footnote on table. Kebschull reported there is concern that conditional uses are similar to permitted uses and in general are not considered as commercial. When Planning & Zoning Commission November 26, 1997 Page 2 a conditional use is reviewed in a neighborhood it is usually aloes-key, family operated type business which can always be denied under the conditional use process if someone comes in for a commercial type warehouse. Staff is concerned about taking away an individuals right to operate. An example would be someone making jewelry in their garage and warehousing or storing it for craft shows. Goecke stated in most businesses with the footnote under RR1, Commercial, are going to take place off the Spur Highway anyway. The one that should not have the footnote is the professional offices as there are many that are not right on the highway. MOTION # 1: CHRISTIAN MOVED TO CHANGE C19 DESIGNATION IN THE RR1 AND RS ZONES UNDER MANUFACTURING, FABRICATION, ASSEMBLY AND STORAGE AND CHANGE IT TO A REGULAR "C." MOTION SECONDED BY MAHURIN. Werner-Quade stated that since they already ask for a conditional use permit, access will probably be questioned at the time of application and an appropriate review will take place then. Christian stated the RR 1 and RS zones seem quite widespread and to require that it has to be on the Spur Highway seems too restrictive, especially for RS. VOTE (Motion 1) BRYSON No WERNER-QUADE Yes GOECKE Yes NORD Absent MAHURIN Yes CHRISTIAN Yes GLICK Yes Motion passed with five yes and one no. Kebschull requested clarification on whether or not C19 should be included under warehouses in the RS Zone. Bryson stated the RS zone is very large and operational activities vary widely. The majority of these businesses do not front on the highway and that would be a reason to change it as most situations are not addressed. MOTION #2: BRYSON MOVED TO SHOW THE WAREHOUSE UNDER THE RS ZONE TO BE A "C." MOTION SECONDED BY GOECKE. Planning 8v Zoning Commission November 26, 1997 Page 3 VOTE (Motion 2) WERNER-QUADE Yes GOECKE Yes NORD Absent MAHURIN No CHRISTIAN No BRYSON Yes GLICK Yes MOTION PASSED WITH FOUR YES VOTES AND TWO NO VOTES. MAIN MOTION: VOTE (Main Motion) GOECKE Yes NORD Absent MAHITRIN Yes CHRISTIAN Yes BRYSON Yes WERNER-QUADE Yes GLICK Yes MOTION PASSED UNANIMOUSLY. b. PZ97-54 - A resolution amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. GOECKE MOVED TO APPROVE PZ9?-54. MOTION SECONDED BY CHRISTIAN. No public comment. Kebschull referenced Mr. Springer's memo where he explains how some things were not taken into consideration when previous recommendations were made. VOTE NORD Absent MAHURIN Yes CHRISTIAN Yes BRYSON Yes WERNER-QUADE Yes GOECKE Yes GLICK Yes MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS: -None 8. OLD BUSINESS: -None Planning & Zoning Commission November 26, 1997 Page 4 9. CODE ENFORCEMENT ITEMS: Noae 10. REPORTS: a. City Couacil: Councilman Smalley provided the following report using the City Council Agenda of November 19, 1997 as a guideline. Item C-1, Comprehensive Plan, this item will be discussed at the next meeting. Item C-3, Donated property to the City from Dr. Hansen. There was a resolution from the Kenaitze Indian Tribe objecting to the proposed park. This resolution was read into the record. After much discussion the representatives from the Kenaitze Indian Tribe relaxed and felt better about the proposal but were unable to withdraw the resolution as it required Board action to do so. The Kenaitze Indian Tribe will be involved in the development of the park. Smalley noted that the lot is not within the Townsite Historic Zone, it is one lot out. Item B-1, The City granted a six month lease to Dottie Fischer to operate a travel agency from the glassed in area of the terminal. It is the intent to have Fischer operate from the gift shop once the City is able to bring the existing lease to closure. Item H-4, the employment agreement with City Manager Richard Ross was approved. Mr. Ross will be the City Manager for the next 2.5 years. During the budget process the Council will be looking at developing an Assistant City Manager position. Under the Administrative reports the City is reviewing the possibility of logging the beetle kill trees in Section 36. The problem in the past dealt with logging and hauling the stumps out. It is possible that a shredder will be used to shred the stumps and the material will be put back into the ground. Discussion took place on providing water at the cemetery. Several options were considered and it appears a tank would be provided. This tank will clearly state the water is not drinkable. The Visitors Center had received eight moose antler carvings. These will be displayed in the exhibit area. Planning & Zoning Commission November 26, 1997 Page 5 -~ The Library and the Visitors Center is having their Christmas reception ~ on December 18. The Planning and Zoning December 24 meeting has been canceled. The ARFF project is going very well. The animal control shelter should be ready for occupancy the first part of February. Four Council members went to the Municipal League Conference in Ketchikan. Smalley reports the State is very envious of the City of Kenai. One reason being that Kenai has close to $20 million in ongoing projects and only about $200,000 is being funded by the City. Discussion took place on the permanent dividend fund interest and the possibility that the various municipalities will receive half of the money for various projects and/or improvements. Smalley wished the Commission a Happy Thanksgiving. Christian asked Smalley since the City is considering an Assistant City Manager perhaps they should also consider an Enforcement Officer to take care of the violations. Kebschull confirmed there is no official enforcement officer within the City. When a problem occurs, Springer is sent out to investigate. Smalley stated the Assistant City Manager position will not be discussed until closer to budget time. Christian suggested that perhaps the interest from the permanent dividend fund would better benefit the State if it were used for the education endowment or similar issues. Werner-Quade requested that Smalley comment on Bannock's question to Council regarding the Challenger Learning Center. Smalley reported that discussion came up with the Challenger Learning Board about who will own the equipment in the building. The Challenger Board felt that since they will be licensed to operate the facility they should owned the property within the facility. Smalley stated from very early discussion it was understood that the City will not only own the building but they would own the equipment within the building as well. b. Borough Planning Bryson reported there was a Borough Planning Commission meeting on November 24, 1997. Prior to this meeting there was a plat hearing. D-1, Poachers Cove Addition No. 1 was discussed. This is an area where recreational lots were platted and they require community water and sewer. D-2, Baron Park No. 11 was approved. Planning 8s Zoning Commission November 26, 1997 Page 6 In the regular meeting Item G-1 under Pubic Hearings is a petition to vacate a right of way and a section line easement that goes from a dedicated road way to the beach. This parallels a situation in Kenai where the Dutweiler's petitioned to vacate the right of way on the southern border of the beach. In this case the DOT did not agree to the vacation. In the new case in Anchor Point the DOT, Division of Lands, the Anchor Point Advisory Planning Commission, and approximately five adjacent property owners went on record as being opposed to the vacation. After public testimony the Planning Commission recommended denying the vacation. This may be a petitioned reversal at the Assembly level. Item G-2 is a request to vacate a portion of a cul-de-sac in the Cooper Landing area. This is a situation where a well was constructed in the cul-de-sac. The owners of the adjacent property are concerned that shortening the cul-de-sac would shorten the potential for development of their property because the only access is along the right-of--way. Action was postponed on this item to fmd out exactly where the well was located and whether or not the entire width of the right-of--way is needed. Item H-1, Anglers Acres, vacation of an easement area for HEA was approved. Item I-1 the proposal to break 160 acres into four 40- acre tracts and a request of a waiver of the requirements for surveying was granted. Item Q-2 is request in Cooper Landing to reclassify Borough property from resource management to recreational. This is an area that overlies a mining claim and a residence. The Planning Commission had requested to postpone action on this until March 9 of next year but the Assembly declined to do that. This request was subsequently denied at the last Assembly meeting. c. Administratioa: Kebschull reported, building in the City has continued since the weather has been cooperative. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Memo dated 11/13/97 requesting cancellation of 12/24/97 meeting. Planning 8v Zoning Commission November 26, 1997 Page 7 b. KPB Planning Commission Action of October 2? 8a November 10, 1997 c. Memo from KPB Planning Department dated October 18, 1997 12. COMMISSION COMMENTS AND QUESTIONS: Commissioners Werner-Quad, Christian, Goecke and Glick wished everyone a Happy Thanksgiving. Commissioner Mahuria reminded the Commission that she will not be at the next meeting and also wished everyone a Happy Thanksgiving. 13. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, Barbara Roper, Con act Secretary Planning & Zoning Commission November 26, 1997 Page 8 ~~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~r 1I~I'I 1992 November 25, 1997 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of December 10, 1997: PZ97-55-An application for rezoning Tract 1A, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to December 10th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: November 25, 1997 Prepared By: JL/mk Res: PZ97-55 GENERAL INFORMATION Applicant: Clint D. Hall 1212 First Avenue Kenai, AK 9961 1 Requested Action: Rezone -Rural Residential (RR) to Suburban Residential (RS) Legal Description: Tract 1 A, Parson's Homestead #3 Existing Zoning: Rural Residential (RR) Current Land Use: Undeveloped/Low Density Residential ANALYSIS City Engineer: The applicant wishes to rezone an undeveloped parcel from Rural Residential (RR) to Suburban Residential (RS) to allow an economically viable subdivision. The City Land Use Plan designation is medium density residential, consistent with the RS zone and adjacent subdivision (Inlet Woods Subdivision). Building Official: No building code issues. Administration: Mr. Hall has applied for this rezone with the permission of the estate who currently controls ownership of this parcel. A copy of this authorization is attached. RECOMMENDATIONS This proposal appears to be consistent with the KMC and City Land Use Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ97-55 2. Application 3. Location Map 4. Authorization CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-55 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: CLINT D. HALL LEGAL: TRACT 1 A, PARSON'S HOMESTEAD #3 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RURAL RESIDENTIAL (RR) 2. The present land use plan designation is Medium Density Residential 3. The proposed zoning district is SUBURBAN RESIDENTIAL (RS 4. An appropriate public hearing as required was conducted December 10, 1997 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of TRACT 1 A, PARSONS HOMESTEAD #3 is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 10 , 1997. CHAIRPERSON 1 A TEST: Planning Secretary !TY ,~- S~ C OF KENAI r, ~~ e~~~ ~ ,~~~,- ~.,,,` 21Q FlDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7784 TELEP}•tONE 9G7.283-7535 . _ FAX 907-283.3014 ~ AMh.o on ~III~1 iwa REZONING APPLICATION ADDRESS t ~,. ~ ~ ~ -~ ~e . ~ ~ _ PHONE - °~-~~~-- LEGAL DESCRIPTIOi~ ~ ~~.c~-~ I t'~ ~~~r,-~ ~p~~~~ $#- ~ PRESENT ZONE ,~ PROPOSED ZONE Intended use end/or Reason far Rezoni~e ~ ~\i_i~c~~-+ Section 14.20.270 Amendment Procedures governs ang amendment to the Kenai Zoninq Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND ITIAL THE SPACE AFTER THE ITEM NUMBER TQ INDICATE THAT YOU HAVE READ AND UNDERSTANb THESE CONDITIONS. 1. _~~~Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majorit~r of the property owners in the aces to be rezoned; vr, a petition bearing the Signatures of fifty (50) registered vgters within the City cf Kenai tv amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai . ra - ... ~£~ Rezoning Application Page 2 2. ~~~~~ Amendments tv the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. ~~ A Public Notification and Hearing is required before the issuance of this penait. A $105.00 nan-refundable deposit/advertising and administrative services fee is required to cover these notification costs. 4. (;~ /1 A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. J ~~ Petit2oner~s Signature ,~ . CHAIRPERSON ATTEST: ~~-~~~ REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSITJADVERTISING d. APPLICATION FORM OR FEE ($105} LETTER ALASKA CERTIF/ED APPRAISAL SERVICES LOCATION MAP File No. 00063 Page No. 23 i~ov~mber ~a, 1897 .p,~ 1gg~, ti; s F{e. CI1~t1Q® Qf ZOn6t~g fr01'f~ RR t~ R~• { ,. ; 'C4 City Of Ker?~~, a1 R® r~sentativc of Ruth pa~ons ~s#at~ 1 ~m aulhor6zing G11nt \ _ _ .. As i'eraon p Nsti to avt as ~r-y spent cn Tact ~ A PAfaonS HerneBtead #3, for tl~o purpose ~ zvri~np chan$~~' for Ruth P arsor~$ Nfary ~ou~pe Vp~jaa, Ala STAFF REPORT To: Planning & Zoning Commission Date: December 4, 1997 Prepared By: JL/mk Res: PZ97-56 GENERAL INFORMATION Applicant: Sharon L. Van Natta 610 Laurel Drive Kenai, AK 9961 1 Requested Action: Home Occupation Permit Legal Description: Lot 9, Block J, Woodland Subdivision (610 Laurel Drive) Existing Zoning: RS-Suburban Residential Current Land Use: Medium Density Residential ANALYSIS City Engineer: The applicant wishes to provide massage therapy in her home. The use and the area of the home to be utilized appears to meet the requirements of the Kenai Municipal Code. Building Official: No building code issues. RECOMMENDATIONS Approval. ATTACHMENTS: _ 1 . Resolution No. PZ97-56 ~ 2. Application 3. Drawings ~ CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ97-56 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 MASSAGE THERAPY located at _LOT 9, BLOCK J, WOODLAND SUBDIVISION, 610 LAUREL DRIVE operated by SHARON L. VAN NATTA WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on December 2, 1997 2. That the application has been reviewed by the Commission at their meeting of _ December 10. 1997 and found that all application requirements have been satisfied. j 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: 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 10th day of December 1997. j A E :Planning Secretary Chairman `~ l-J(~ 1791-1991 CITY OF KENAI 210 FIDALGa !JiL'A'St~d¢~ F EPEE 283 ~35 07-283-3 ~~\ i Mry ~L4 ~ ~ r ~~ ~ r by ~~ZOt6ti8~' L~~ Date: i~~2~~' 7 HOME OCCUPATION PERMIT NAME : , ~h~ r~ ~ ~ • il~ r, lUo, ~Dl' PHONE : ~x ~ ~ ~~~7 ADDRESS : (~ ~ ~ ~-~t L' j~~? ~ I~-•'Y. LEGAL DESCRIPTION OF PROPERTY : L Q~ , , ,~ I,~~(,J~,Q ~( ~/) , G {~; It ~3/ ~~ ~ i S• DESCRIPTION OF OCCUPATION: ~-a'~,~; l ~ ~l~,f~;2 ~U I /~O,ID~'1~f Gl~~ !~ , ~, ~~~. 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. ~j._L~ 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. ~~/ 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: Approved: _) Date :~~ ~ C~' "~ ~-~ ~,~ `-~ !a tt ~-:_ ~ f ,. `\. .~~ 1~ j~t0 ~~ s~ -~- ~~ j ~Y ~{~ hvu~ ~}'Iff55/4(~ ~cc,m ~X fZ' l~v ~~ ~ ~- ^~~ ~, ~~ rc~~ 7~~~~ ~, Lf~U~ L .~~ /0~ AGENDA KENAI CITY COUNCII, -REGULAR MEETING DECEMBER 3, 199T . ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.Kenai.net/caty A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no sepazate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) ~~'~~'`~'~~ 1. Kathy Sullivan -Peninsula Winter Games a3~ C. PUBLIC ~aRnvGS /~~z~ Gt 1. Ordinance No. 1764-9? -Appropriating $1,000 Received From the Wal- Mart Foundation. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Hazbor Commission 4. Library Commission 5. Pazks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report -1- E. MINUTES 1. *Regular Meeting of November 19, 1997. 2. *Notes of Council Work Session of November 19, 1997. F. CORRESPONDENCE G. OLD BUSINESS ~04~t' ~ /,~~~~ f~7 1. Discussion - C»nningh~ p~k Property/Garcia Building Encroachment H. NEW BUSINESS ~i?~!/CGt 1. Bills to be Paid, Bills to be Ratified `y~"'~~'" 2. Purchase Orders Exceeding $2,500 ~ivv~ 3. *Ordiaance No. 1765-97 -Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. 4. Discussion -Dairy Queen 5. Discussion -American Heritage River Initiative E7~CUTIVE SESSION -None Scheduled. ~/ I. ADMII~ISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director ?. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -2- as •~ . KENAI PENINSULA BOROUGH 144 N. BINKLEY ~ SOLDOTNA, ALASKA ' 99669-7599 ~ BUSINESS (907) 262-4441 FAX (907)262-1892 MIKE NAVARRE MAYOR 6788 November 26, 1997 Mr. Brian Lowe 1105 Angler Drive Kenai, Alaska 99611 Deaz Mr. Lowe: R ~~ ~w~ --- o~~ N ~+'~~' ~ £Z RE: Petition to vacate the easterly 60 feet of a 10 foot wide utility easement within the southern ten feet of Lot 8, Anglers Acres Subdivision Part Three (Plat 78-168 Kenai Recording District); within Section 11, Township 5 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai; KPBPC Resolution 97-49; KPB File - 97-263 At the regularly scheduled November 24, 1997 meeting the Kenai Peninsula Borough Planning Commission adopted Resolution 97-49 thereby granting vacation of the utility easements per your request. Draft, unapproved minutes pertinent to Resolution 97-49 aze enclosed. A condition of approval of the resolution is submittal of an as-built survey to be recorded with the resolution. Please provide this office with an as-built survey that cleazly delineates the azea to be vacated. Our office is responsible for recording the Resolution and its attachment. The recording and conformed copy fee is $20.00. Please send a check to the Planning Department, Kenai Peninsula Borough, 144 North Binkley, Soldotna, Alaska 99669 and make it payable to the State of Alaska, Department of Revenue. Please do not bring cash for payment of the recording fee. Your check should be in our office no later than December 22, 1997 to ensure timely recording of the Resolution. A return envelope is provided for your convenience. Sincerely, Maria E. Sweppy Administrative Assistant Enclosure cc: City of Kenai VACATIONS NOT REQUIRING A PUBLIC HEARING ~ 1. Petition to vacate the easterly 60 feet of a 10 foot wide utility easement within the southern ten feet of Lot 8, Anglers Acres Subdivision Part Three (Plat 78-168 Kenai Recording District); within Section 11, Township 5 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai; KPBPC Resolution 97-49; KPB File - 97-263 Staff report as read by Max Best. Petitioners: Bryon Lowe of Kenai, Alaska. PC Meeting 11/24/97 Purpose as stated in petition: All utilities are in. wll never use the 60' easement that is being vacated. Notice of vacation mailings were sent to owners of property within a 300-foot radius. Statements of nonobjection were received from: • Homer Electric Association • Enstar Natural Gas • PTI Communications • City of Kenai No statements of objection were received. STAFF FINDINGS 1. Sufficient easements have been granted to serve the surrounding properties. 2. No sun-ounding properties will be denied utilities. 3. Per the petition, the easement is not being used for utilities. Based on the above findings and facts, staff found no reasons upon which to deny the vacation of the of the ~ easement as petitioned. The proposed vacation, if approved, will be accomplished by a Planning Commission Resolution. A plat will not be required. STAFF RECOMMENDATIONS: A. Planning Commission concur with, accept findings, and B. Adopt Planning Commission Resolution 97-49, thereby approving the vacation as petitioned; subject to the following conditions: 1. Filing of Planning Commission Resolution in appropriate recording district. 2. Submit As-built defining portion of easement to be vacated and portion to be retained. As-built to be attached to and recorcled with Resolution 97-49. An appeal of a decision of the Planning Commission may be filed to the assembly sitting as a board of adjustment, in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances, Chapter 21.20. END OF STAFF REPORT MOTION: Commissioner Gannaway moved, seconded by Commissioner Whitmore-Painter, to concur with, accept findings, and adopt Planning Commission Resolution 97-49, thereby approving the vacation as petitioned; subject to staff recommendations. Commissioner Gannaway asked if the Kenai Planning and Zoning Commission reviewed the petition. Vice Chairman Bryson replied the City received the information, but he did not know if the subject vacation had been reviewed. KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 24, 1997 MEETING PAGE 15 UNAPPR~`/E~ MINUTES lib Kenai Peninsula Borough } ~ P Planning Department d 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 '~~ ... ~,,,o•• /,,L3456~8g'O _ ~~ R >> December 1, 1997 ~ ~ ~ ~ ~~ ~ a~ ~~~~~Z ~6~~v ~ 1Z NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF NOVEMBER 24, 1997 RE: Baron Park Subdivision No. 11 Revised Preliminary Plat The proposed revised preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent December 1, 1997 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: Donald Anse, 349 Riverside Drive, Soldotna, Alaska 99669-7846. KPB File Number: 97-199 AGENDA ITEM D. CONSIDERATION OF PLATS '1 2. Baron Park Subdivision No. 11 KPB FILE 97-199 [McLane Consulting Group] Staff report as read by Maria Sweppy. Location: Airport Way and Kenai Spur Highway Proposed Use: Commercial Zoning: General Commercial Sewer/Water. City -currently served per the City of Kenai (Revised Preliminary) Plat Committee Meeting 11/24/97 Suonorting Information: On September 8, 1997, the Committee approved the repiat of Lots 1A-5 and 1A-7 to relocate a common lot line. The revised plat adds Lot 1A-8 to the replat relocating another common lot line. Airport Way was originally named Airport Drive; however, the name was changed per Kenai Resolution 96-35. Staff requests the resolution be referenced on the plat. The former name does not need to be shown on this plat. Note #3 from the parent plat should be carried forvvard. Kenai Planning and Zoning Commission recommended preliminary approval of the revised plat on November 12, 1997. STAFF RECOMMENDATIONS: Grant approval of the revised 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. The section line easement was vacated by Plat 85-13 KRD. Reference the vacation on the plat. 2. Vicinity Map -Show and label Marathon Road or Airport Way. 3. Show source of information for Kenai Spur Highway data. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Identify existing easements and label use; or cite record reference. 5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 6. Flag Lot design. Place note on plat "No structures permitted within panhandle portion of flag lot(s).' 7. Conform to conditions of KPB Planning Commission Resolution 78-6. 8. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 9. Compliance with Ordinance 90-38(Substitute) -Ownership. 10. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after notification of the decision of the plat committee by personal service, service by mail, or publication. (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT MOTION: Commissioner Johnson moved, seconded by Commissioner Boscacci, to grant approval to the revised preliminary plat subject to staff recommendations. Commissioner Whitmore-Painter asked Mr. McLane if he had comments. Mr. McLane replied no. KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 24, 1997 MEETING PAGE 9 KENAI PENINSULA BOROUGH PLANNING COMMISSION SCHEDULE OF MEETINGS DECEMBER 1997 -DECEMBER 1998 ALL MEETINGS WILL BE HELD IN THE BOROUGH BUILDING UNLESS OTHERWISE NOTIFIED. ALL MEETINGS WILL BE HELD ON MONDAY EVENING COMMENCING AT 7:30 P.M. UNLESS OTHERWISE NOTIFIED. ONE MEETING WILL BE HELD ON TUESDAY: MAY 26. ONLY ONE MEETING IS SCHEDULED FOR DECEMBER: DECEMBER 14. ALL SUBDIVISION PLATS AND/OR SUBDIVISION RELATED ITEMS TO BE CONSIDERED, MUST BE IN THE PLANNING DEPARTMENT OFFICE BY 5:00 P.M. ON THE CUT-OFF DATE FOR EACH MEETING AGENDA AS INDICATED BELOW. (Subdivision related items include Time Extensions, Exceptions to Ordinance Requirements, and Plat Waiver Applications). ALL OTHER ITEMS TO BE CONSIDERED BY THE PLANNING COMMISSION MUST BE IN THE PLANNING DEPARTMENT OFFICE BY 12:OO~NOON ON THE CUT-OFF DATE INDICATED BELOW. THIS SCHEDULE DOES NOT PERTAIN TO VACATION PETITIONS AND ITEMS REQUIRING A PUBLIC HEARING. IF THE CUT-OFF DATE FALLS ON A HOLIDAY, THE NEXT WORKING DAY WILL BE CONSIDERED THE CUT-OFF DATE. ut~:tnntstK ~ayi I HKUUC~H DECEMBER 1998 Agenda Cut-Off Dates Planning Commission Items Subdivision Plats and/or Subdivision Related Items December 1, 1997 November 24, 1997 January 5, 1 998 February 2, 1998 =ebruary 17, T89E March 2. 1998 April 6, 1998 May 4, 1998 June 1, 1998 July 6, 1998 October 26, 1998 _ ., August 3, 1998 August 24, 1998 September 8, 1998 September 21. 199 October 5, 1 998 ~ctaHer 19, 1998 November 2, 1998 Novemter 23, 199E November 23, 1998 a~. Suggested by: Administration City of Kenai ORDINANCE NO. 1?63-9? AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $60,000 FOR A CITY OF KENAI COMPREHENSIVE PLAN. WHEREAS, the City received $30,000 from the Kenai Peninsula Borough to help pay for a comprehensive plan; and WHEREAS, the FY98 operating budget includes a $30,000 appropriation in the Planning and Zoning Department for a comprehensive plan; and WHEREAS, the development and acceptance phases of the plan will extend beyond the end of the fiscal year; and WHEREAS, due to the duration of the project, it is appropriate that a capital project fund be used. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; Section 1: That the $30,000 appropriation in the General Fund Planning and Zoning Department for the comprehensive plan be transferred to the City of Kenai Comprehensive Plan Capital Project Fund. Section 2: That estimated revenues and appropriations be increased as follows: Citv of Kenai Comprehensive Plan Capital Project Fund Increase Estimated Revenues: Kenai Peninsula Borough $30,000 Transfer from General Fund 30,000 00 Increase Appropriations: Administration $ 2,500 Professional Services 57,500 -~ ~~~ Ordinance No. 1763-97 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of November, 1997. c- / ~ °~~ ATTEST: Carol L. Freas, City Clerk ~. Approved by Finance: ~ f (10/30/97) kl HN J. J~ILLIAMS, MAYOR Introduced: November 5, 1997 Adopted: November 19, 1997 Effective: November 19, 1997 ~ ~., Memorandum Date: 12/04/97 To: Planning & Zoning Commissioners From: Marilyn Kebschull, Administrative Assistant RE: 1998 MEETING SCHEDULE AND SUBMISSION CUT-OFF DATES Attached is the 1998 Planning & Zoning Commission meeting calendar. CITY OF KENAI PLANNING & ZONING COMMISSION Meeting Schedule - 1997 AGENDA CUT-OFF DATES MEETING DATE Planning Commission Items Items Requiring Public Hearing January 14, 1998 January 7, 1998 December 24, 1997 January 28, 1998 January 21, 1998 January 7, 1998 February 11, 1998 February 4, 1998 January 21, 1998 February 25, 1998 February 18, 1998 February 4, 1998 March 11, 1998 March 4, 1998 February 18, 1998 March 25, 1998 March 18, 1998 March 4, 1998 April 8, 1998 April 1, 1998 March 18, 1998 April 22, 1998 April 15. 1998 April 1, 1998 May 13, 1998 May 6, 1998 April 22, 1998 May 27, 1998 May 20, 1998 May 6, 1998 June 10, 1998 June 3, 1998 May 20, 1998 June 24, 1998 June 17, 1998 June 3, 1998 July 8, 1998 July 1, 1998 June 17, 1998 July 22, 1998 July 15, 1998 July 1, 1998 August 12, 1998 August 5, 1998 July 22, 1998 August 26, 1998 August 19, 1998 August 5, 1998 September 9, 1998 September 2, 1998 August 19, 1998 September 23, 1998 September 16, 1998 September 2, 1998 October 14, 1998 October 7, 1998 September 23, 1998 October 28, 1998 October 21, 1998 October 7, 1998 November 11, 1998 November 4, 1998 October 21, 199$ November 25, 1998 November 18, 1998 November 4, 1998 December 9, 1998 December 2, 1998 November 18, 1998 December 23, 1998 December 16, 1998 December 2, 1998 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 ~~ To: Terry Fax: 283-3299 Phone: 283-7551 Re: ADVERTISEMENT From: Marilyn Kebschull Pages: 1 Date: November 19, 1997 CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, November 24, 1997. ~ This will be charged against the open Purchase Order you have. Thanks. --~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS November 26,1997 at 7 p.m. http://www.Kenai.net/city 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ97-49-A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with footnotes b. PZ97-54-A Resolution amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. 3. NEW BUSINESS: 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: November 24, 1997 City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 l To: Peninsula Clarion (Attn: Sue/Terry) From: Marilyn Kebschull Fax: 907-283-3299 Pages: (One) Phone: 907-283-7551 Date: November 13, 1997 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Sue: I would like to run the following announcement on November 19 & 21, 1997. Bill this under the open purchase order. Thanks. CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http://www. Kenai.net/city PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of November 26, 1997: 1. A resolution recommending amending Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes. (PZ97-49) 2. A resolution recommending amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. (PZ97-54) The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to November 26th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. Publish: November 19 & 21, 1997