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HomeMy WebLinkAbout1999-06-23 p&z packetCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS June 23,1999 - 7:00 p.m. http alwww. ci . kenai. ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: June 9,1999 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ99-25--Preliminary Plat--Redoubt Terrace Subdivision, Bluff View 4. PUBLIC HEARINGS: a. PZ99-24--Conditional Use Permit -Greenhouse, Gift Shop & Coffee Shop for the property described as Government Lot 111, 202 North Forest Drive, Kenai, Alaska. Application submitted by Porter & Susan Jordan, 8950 Greenbelt, Anchorage, AK 99502. 5. NEW BUSINESS: 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: i0. INFORMATION ITEMS: a. "Zoning Bulletin" -May 25, 1999 b. City of Kenai 1998 Annual CLG Report c. Ordinance No. 1817-99 ~ d. Ordinance No. 1818-99 Planning & Zoning Commission Agenda 11. COMMISSION COMMENTS & QUESTIONS: Page 2 June 23, 1999 12. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS 3une 9,1999 - 7:00 p,m. h ttp : //www . c i, ken ai , ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: May 26,1999 d. Consent Agenda *All items listed with an asterisk (*} are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ99-22--Preliminary Plat--Baron Park Doyle Addition 4. PUBLIC HEARINGS: S. NEW BUSINESS; a. PZ99-19--Landscape/Site Plan Review--Challenger Learning Center ofAlaska--That portion of the W 112 SW 114 SE 1/4 Lying South of Kenai Spur Road--9711 Kenai Spur Highway. b. PZ99-20--LandscapelSite Plan Review--Harbor Enterprises, Inc. for G&M Chevron-- Alyeska Sub Part 1, Lot 1, 11152 Kenai Spur Highway. c. PZ99-21--Landscape/Site Plan Review--Homer Electric Association--Tract B-2 Baron Park Sub No. 10--2I4 Marathon Road. d. PZ99-23--Landscape/Site Plan Review--Swan Surveying for Pat Doyle--Tract lA-8A Baron Park Subdivision No. 11--10230 Kenai Spur Highway 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda Page 2 June 9, 1999 10. INFORMATION ITEMS: a. KPB Planning Committee Action of May 24, 1999 - Windhaven Estates b. "Zoning Bulletin" -May 1 Q, 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS Jnne 9, 1999 - 7:00 p.m. http: / /wwcv.ci.kenai.ak.us 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Ro11 Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry (arrived at 7:03) Others Present: Councilman Duane Bannock, City Engineer Jack La Shot, Contract Secretary Barb Roper b. ~ Agenda Approval: MOTION: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -May 26, 1999 MOTION: GOECKE MOVED TO APPROVE THE MINUTES OF MAY 26, 1999 AND ASKED FOR UNANIMOUS CONSENT. ERWIN SECONDED THE MOTION. THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: a. PZ99-22 -Preliminary Plat -Baron Park Doyle Addition MOTION: PLANNING & ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 1 BRYSON MOVED TO APPROVE PZ99-22 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY ERWIN. La Shot indicated that staff had nothing additional but announced the surveyor was present to answer any questions. Newbry arrived at 7:03. No discussion. VOTE BRYSON YES ERWIN YES GOEGKE YES NORD YES NEWBRY YES GLICK YES MOTION PASSED UNANIMOUSLY. 4. PUBLIC HEARINGS: None 5. NEW BUSINESS: a. PZ99-19 -Landscape/Site Plan Review -Challenger Learning Center of Alaska -That portion of the W '/a SW ~4 SE '/< Lying South of Kenai Spur Road - 9711 Kenai Spur Highway. MOTION: NORD MOVED TO APPROVE PZ99-19. MOTION SECONDED BY NEWBRY. La Shot noted staff recommended the dumpsters be screened. La Shot continued, this was an item that was not included in the project so if the Commission required screening around the dumpster it would be something the Challenger group would have to approve. This would probably be taken on as a change order to the construction project. Bryson noted he would abstain from voting as his company was involved in the design. MOTION TO AMEND: GOECKE MOVED TO AMEND THE MOTION TO INCLUDE SCREENING AROUND THE DUMPSTER$ PER STAFF RECOMMENDATION. MOTION SECONDED BY ERWIN. PLANNING & ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 2 VOTE (Amended Motion) ERWIN YES GOECKE YES NORD YES NEWBRY YES BRYSON ABSTAIN GLICK YES AMENDED MOTION PASSED UNANIMOUSLY. VOTE (Main Motion including the amendment) GOECKE YES NORD YES NEWBRY YES BRYSON ABSTAIN ERWIN YES GLICK YES MAIN MOTION PASSED UNANIMOUSLY. b. PZ99-20 -- Landscape/Site Plan Review -Harbor Enterprises, Inc. for G&M Chevron - Alyeska Sub Part I, Lot 1, 11152 Kenai Spur Highway. MOTION: GOECKE MOVED TO APPROVE PZ99-20. MOTION SECONDED BY NEWBRY. Staff had nothing additional. Glick noted a representative from Harbor Enterprises was present. Bryson asked if there was any clearing involved in the project and if so where would it be. Darrel Jelsma, P.Q. 1312, Soldotna, Alaska -Introduced himself as the Vice President of Harbor Enterprises d/b/a. Alaska Oil Sales. Jelsma stated there was no foliage or trees in the area at this time and they would be coming back with a new building, island, canopy, etc. Jelsma continued, the landscaping would also be new. Bryson asked if there presently was grass along Attla Way. Jelsma replied there was not. Bryson asked if the proposal included planting grass in the area. Jelsma answered, planting along Attla Way was not proposed but it was planned along Willow and the Spur Highway. Jelsma continued, one of the challenges they would face with any vegetation was the thawing of the snow which could cause problems on the perimeter of the property. Jelsma didn't think there would be any type of plant life that could live under the snow berm. PLANNING 8v ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 3 Glick asked where the durnpster would be placed. Jelsma replied it would probably go in the far corner and added that although screening wasn't an issue, one could be added. Bryson asked staff if grass would suffer from snow stockpiling if it was established along Attla Way. La Shot answered it would probably be no different than any other right-of--way unless they concentrated the snowplowing from the parking in the back. Bryson asked Jelsma if it was his intent to place snow removal in the right-of--way of Attla Way. Jelsma replied no, it would go in the back. Jelsma stated the area where the propane tank would be located to service motor homes in the summer would be used for snow storage in the winter. Ez~cessive snow would be hauled away. MOTION TO AMEND: BRYSON MOVED TO AMEND THE MOTION TO RECOMMEND THAT THE RIGHT OF WAY ALONG ATTLA WAY IS SEEDED AND GRASS ESTABLISHED IN THE AREA. MOTION SECONDED BY NORD. Goecke asked Jelsma if it was the intent to pave all the way to the curb on Attla Way. Jelsma indicated they would prefer to go all the way but if the Commission wishes, they would plant grass. Glick requested that Jelsma approach the table to view the plat and point out where Attla Way was and where the plat showed the paving to end. Jelsma agreed the plat was correct but they would still like to take the paving all the way if possible. Jelsma reiterated that if it was the wishes of the Commission to include a grass strip, they would certainly try to include it anal noted that it would look nice. Goecke indicated he would like to defer the strip in question to the company since Jelsma indicated he would rather have the asphalt go all the way to the curb which would preclude any grass in the area. Goecke felt that if he didn't want to take it all the way it should be his prerogative, however, if he didn't pave all the way to the curb, them, grass should be planted. Bryson disagreed that it was the prerogative of Jelsma to pave and utilize that area as a parking area; the decision belonged to the Commission. VOTE (Amended Motion) PLANNING & ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE ~ NORD YES NEWBRY YES BRYSON YES ERWIN YES GOECKE NO GLICK YES AMENDED MOTION PASSED. VOTE (Main Motion as amended) NEWBRY YES BRYSON YES ERWiN YES GOECKE YES NORD YES GLICK YES MAIN MOTION PASSED UNANIMOUSLY. c. PZ99-21 -- Landscape/Site Plan Review -Homer Electric Association -Tract B-2 Baron Park Sub No. 10-214 Marathon Road. MOTION: ERWIN MOVED TO APPROVE PZ99-2I. MOTION SECONDED BY NEWBRY. Glick announced an enlarged plat was available far review. Staff had nothing additional but pointed out a representative from HEA was present to answer any questions. Glick asked for clarification that Cricket Drive would not be developed and it was noted from the audience that it would not. VOTE BRYSON YES ERWIN YES GOECKE YES NORD YES NEWBRY YES GLICK YES MOTION PASSED UNANIMOUSLY. d. PZ99-23 -- Landscape/Site Plan Review - Swaxt Surveying for Pat Doyle -Tract 1A-SA Baron Park Subdivision No. 11- 10230 Kenai Spur Highway. MOTION: PLANNING 8v ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 5 BRYSON MOVED TO APPROVE PZ99-23 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY GOECKE. Staff had nothing additional. Glick noted the way the Motion was made it would include screening for the dumpster. Mike Swan, Swan Surveying indicated the preliminary plat reviewed at the beginning was in connection with this request so the legal description was for the large parcel. However, what was actually being dealt with was the parcel that would be created which was near the Spur Highway. Swan continued, part of the problem with this was the continuation of the Baron Park Subdivision and the lot descriptions continually went on and on. Swan reported he was working with Borough staff to renumber the lots so it could vary a bit from the preliminary plat. Swan also stated the client was still having difficulty deciding on the exact design so the dimension of the building could vary slightly. Swan continued, this being a commercial lot it may shift slightly toward Marathon Road but all the necessary landscaping would be taken care of. Glick asked where the pines and grass were going to be placed. Swan answered the intent was to put the shrubbery along the Spur Road to hold the asphalt back from the property line. They would also be placed near the approaches. Glick asked if the design was such that a person could drive in one approach and out the other. Swan replied, the intent was to expand the approach by the hotel an additional 24 feet, then have it go through the back and out on Marathon Road. This should eliminate txaffic congestion on the Spur Highway. VOTE ERWIN YES GOECKE YES NORD YES NEWBRY YES BRYSON YES GLICK YES MOTION PASSED UNANIMOUSLY. 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT: None 8. REPORTS PLANNING 8v ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 6 a. City Council Councilman Bannock gave his report based on the June 2, 1999 City Council agenda. Bannock reported Vince Wagner spoke to Council on behalf of the Kenai River drift boat fishermen. They were concerned the changes made to Cunningham Park eliminated them from pulling their drift boats out. Wagner attended the last Parks and Recreation Commission meeting and presented some proposals that could accommodate their needs. Representative Smalley gave a report on what took place in Juneau with regards to the budget and the City's share of municipal revenues. All items under Public Hearings were approved. Item C-1 was the approval of the annual budget for FY 2000. The total budget was in excess of $12 million and the General Fund stood at $7.8 million. Bannock also reported there was some discussion on a one mill increase that would take place in 2001 rather than 2002 as originally planned. Under Old Business, discussion took place on the coastal trail design. A proposal would be brought to Council at the next regular meeting and Council would be asked to fund $53,000 to do a more thorough financial study of the project. Items H-1 through H-10 were approved. Item H-11 requested an increase to the Kenai Harbor Rate Schedule. The rate to launch a boat was increased from $7.00 to $10.00. A seasonal pass is $75.00. Item H-12 referred to the Forest Drive/Redoubt Drive rebuild. Bannock reported the City would probably spend some money putting in the water and sewer main crossings while the State was redoing the road. Bannock pointed out, as the area developed, the City wouldn't have to cut the highway up as had been done previously to install water and sewer mains. b. Borough Plaaning - No report c. Administration - No report 9. PERSONS PRESENT NOT SCHEDULED: None 10. INFORMATION ITEMS: PLANNING & ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 7 a. I{PB Planning Cornrnittee Action of May 24, 1999 - Windhaven Estates b. "Zoning Bulletin" -May 10, 1999 11. COMMISSION COMMENTS 8a QUESTIONS: Councilman Bannock reminded Commissioners Mayor Williams requested their attendance at the next City Council meeting scheduled for June 16. The request had been made as the administrative appeal ordinances were up for discussion,. Bannock noted the meeting would start at 7:00 but the Beaver Loop Partnership appeal would be heard first, so it was possible the ordinance discussion wouldn't take place until 7:30 p.m. 12. ADJOURNMENT MOTION: GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:30 P.M. RespectfuIly submitted, Baxbaxa L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING MINUTES JUNE 9, 1999 PAGE 8 ~~, STAFF REPORT To: Planning & Zoning Commission Date: June 15, 1999 Prepared By: JLlmk Res: PZ99-25 GENERAL INFORMATION Applicant: Integrity Surveys 605 Swires Drive Kenai, AK 9961 1 283-9047 Requested Action: Preliminary Plat Legal Description: Redoubt Terrace Subdivision, Bluff View Condominiums Street Address: 406 South Forest KPB Parcel No.: 04714024 Existing Zoning: RS--Suburban Residential Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS General Information: This plat will convert the current multi-family dwelling to common interest ownership condominiums). Alaska Statute 34.08 specifies the requirements for creating a common interest ownership property. AS 34.08.170 lists the requirements that plats far common interest ownership must show. It appears the preliminary plat satisfies these requirements. {See attachment.) There will be no change in the current lot lines. City Engineer: Not available to comment. PZ99-25 Comments Page 2 Building Official: ~ Proof of one hour separations between units should be required from land surveyor or owners. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ99-25 2. Preliminary Plat 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ99-25 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDfNG THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat REDOUBT TERRACE SUBDIVISION, BLUFF VIEW CONDOMINIUMS was referred to the City of Kenai Planning and Zoning Commission on JUNE 15, 1999 and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: T . Plat area is zoned RS--SUBURBAN RESiDENTfAL and therefore subject to said zone conditions. 2. Water and sewer: Available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE REDOUBT TERRACE SUBDIVISION, BLUFF VIEW_CONDOMINIUMS SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 15, 1999. CHAIRPERSO ~ l ATTEST: .~..t` r ~-~- § 34.08.160 PROPERTY 12O (e) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails. (f} In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial safe, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void. {g} In a cooperative, any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void. (§ 1 ch 95 SLA 1985) Sec. 34.08.160. Limited common elements. (a) Excopt far the limited common elements described in AS 34.08.100(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected. (b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executiung the amendment shall provide a copy of the amendment to the association, which shall record the amendment and file and record a plat or plan that accompanies the amendment. The amendment must be recorded, and an accompanying plat or plan filed and recorded, in the names of the parties and the common interest community. '"' (c) A common element not previously allocated as a limited common element may be allocated as a limited common element only under provisions in the declaration adopted under AS 34A8.130(a)(7). The allocation must be made by an amendment to the declaration. (§ 1 ch 95 SLA 1985; am § 15 ch 161 SLA 1988} Effect of amendments. -The 1988 amendment, amendment" for "it° in the second sentence and in- insubsection {b?, substituted "the amendment and file serted "and an accompanying plat or plan filed and and record a plat or plan that accompanies the recorded" in the third sentence. Sec. 34.08.170. Plats and plans. (a) Plats and plans are a part of the declaration and are required for all common interest communities except cooperatives. Separate plats and plans are not required by this chapter if the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and contain a certification that the plat or plan contains the information required by this section, (b) Each plat must show (1) the name and a survey or general schematic map of the entire common interest community; (2) the location and dimensions of the real estate not subject to development rights or subject only to the development right to withdraw, and the location and dimensions of each existing improvement within the real estate; (3) a legally sufficient description of the real estate subject to development rights, labeled to identify the rights applicable to each parcel; {4) the extent of each encroachment by or upon a portion of the common interest community; {5} to the extent feasible, a legally sufficient description of each easement serving or burdening a portion of the common interest community; 121 CoMhtoN INTEREST OWNERSHIP § 34,0$,180 (6) the location and dimensions of any vertical unit boundaries not shown or projected plans filed and recorded under {d) of this section and the identifying number of the (7) the Iocation with reference to an established datum of any horizontal unit boundaries not shown or projected on plans filed and recorded under (d) of this section and the identifying number of the unit; (8) a legally sufficient description of any real estate in which the unit owners will own orxly an estate for years, labeled as "leasehold real estate"; (9) the distance between noncontiguous parcels of real estate comprising the common interest community; { 10) the location and dimensions of limited common elements, including porches, decks, balconies, and patios, other than parking spaces and the other limited common ~slements described in AS 34.08.100(2) and (4); f 11) in the case of real estate not subject to development rights, all other matters customarily shown on land surveys. (c) A plat may also show the intended location and dimensions of a contemplated improvement to be constructed within the common interest community. A contemplated improvement shown must be labeled either "MUST BE .BUILT" ar "NEED NOT BE BUILT." ld) To the extent not shown or projected an the plats, plans of the units must show or project fl) the location and dimensions of the vertical boundaries of each unit, and the identifying number of the unit; (2) any horizontal unit boundaries, with reference to an established datum, and the identifying number of the unit; and c 3 } each unit in which the declarant has reserved the right to create additional units n~ Ammon elements, identified appropriately. ~ Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans. {f) Upon the exercise of a development right, the declarant shall either file and record new plats and plans necessary to conform to the requirements of {a), (b}, and (d) of this section, or file and record new certifications of plats and plans previously filed and recorded if the plats and plans otherwise conform to the requirements of {a), (b), and (d) of this section. {g) A certification of a plat or plan required by this section or AS 34.08.090(b) shall be made by an independent registered surveyor, architect, or engineer. (.h) 'I'1'.e state recorder shall prescribe the style, size, form, and quality of plats and plans filed and recorded under this chapter. (§ 1 ch 95 SLA 198b; am §§ 16 -18 ch 161 SLA 198$} Effect of amendments. - Tha 1988 amendment "any development right," and inserted "file and" twice; inserted "filed and" in subsections {b](6) and (b]{7f; in and inserted °and rewrded" in subsection (h). .ubsection {f}, substituted "a development right" for Sec. 34.08.1$0. Exercise of development rights. (a} To exercise a development right reserved under AS 34.08.130(x)(8), adeclarant shall prepare, execute, and record an amendment to the declaration, file and record a plat or plan that accompanies the amendment, and, in a condominium or planned community, comply with AS 34.08.170. The declarant is the unit owner of the units created under the amendment. 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U °=hao a~ ^ a ~ ~ c c ~~°O ~ v ~ E ~ n y a` r~ 4V a s !~°~ o _ ~ -oat v'-'°E Pc t Y U ~ D n Ev° s i i• ~ .. _ a _ °gYOx c° TF' m « 7~~j rQ ~ ~i I~ ~ ~i ~~ V ~F" 1 d i~ VJ ^~ ~ ~1 ~ `hl "til ,0'fi! rr~~..,, ~ .8'6Y , W ~? ~~ ~ ~ V 7 ai -i r~~ ~ `a~~ ° I ~~~~ W =~ ~~ ??~,, K 38II ~ a~ s 4-- fa N 'd I ~ q Att ~ Q (~ •~ _ Q [a d go _ . i ~ w ~ _ ~ ~ n .~~ aft ~ F 1 ah ( F .h ~ ~• \\pp- pa ~ 1 ~ ~ ' ~ o ^ Al ~'T.I ~4 .~ y 'N d ~ _ .iY a _ ~' ~ 3 _ ~- .ra _ _ e d e w as .a ssya~s pF D ~~.} ~+ !'' p O p -O f~ ~n~I I~ ~a a '~ ~a F. DeWayn~e & Diane Craig 405 S. Forest Drive P. O. l3aa 1613 Kenai, Alaska 99511 Phone: (90'7} 283-7842 June 21,1999 Attention: Marilyn Planaing & Zoning Dept. City of Kenai 210 x+~idalgo, Suite 201 Kenai, Alaska 99611 Re: Condominium Approval of Eristing Multi-family Dwelling 405 S. Forest Drive, Kenai Dear Marilyn: RECEIVED JU~1 2 2 1999 CITY QE KENAI PLAh'JiNG QEP~?RTMEN_1 The As Built Survey by Cliff Baker has been submitted for review by the P&Z Commission on June 23rd. We provide the following itnformatian: The multi-family building meets and/or exceeds the one hour burn requirement of the building code. Between the floors is i-118 inch plywood with S/S inch sheetrock ceiling. Between the common walls there are two 2x4 walls with air space and S/8 inch sheetrock on both sides. We will appreciate you forwarding the necessary documentation to the Kenai Peninsula Borough. Thank yau. Very truly yours, .i ~ F. DeWayne & Diane E. 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Sa ~~ % O ~J. _58En tl ~ ,~:~ ~ . a~~ __ S ~~ ~~ ~3 yyypN ui~ op p W ~ La~a ~ ~ ~~!B yy ~gj +g~ ~ ~ ofi ffiig~ (r ~ +,~~ ~ ~_# ~ ~~ ~~~ ~~ ~x M aE~ ~ ~ ~ M rr ~ ~l ~ .e ~. ~~~~~~"~ ~ U i I ~ ~ v o wu8 .0 6i ,cos 7 .c. iai n~ w ~'~d as sd ~ ~t ..a ~ R. ~ + ~7 - -~ 4 N ^ ~ NN ~ ~ d d [ •i ~ ,f ~~ ~ ~ * A ~ ~ ~ ~ FO ay L~] Va W yy _ S 1 ~ 7 ~ Y~ 'e~ S a Ji Y _ o 6 ~ ! V ~ ~ ~a q A~ ,a ~ Q !1 S. + SiSD~S S on E ' j ^~~ ga~a~~ a ~~ ~ i §~ ~~~ oy o O b 'o F- E Ifs] 1~ ~a a ~~~ STAFF REPORT To: Planning & Zoning Commission Date: June 4, 1999 Prepared By: JLlmlc Res: PZ99-24 GENERAL INFORMATION Applicant: Porter & Susan Jordan 8950 Greenbelt Anchorage, AK 99502 243-5273 Requested Action: Conditional Use Permit - Greenhouse, Gift Shop & Coffee Shop Lego! Description: Government Lot 1 1 1 Street Address: 202 North Forest Drive KPB Parcel No.: 04312005 Existing Zoning: RS--Suburban Residential Current Land Use: ResidentiailGreenhouse Land Use Plan: Medium Density Residential ANALYSIS General information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Pfan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; PZ99-24 Commen#s Page 2 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicants are proposing to purchase the above-referenced property from the Bannocks. John Bannock has provided written permission to the Jordans to apply for the Conditional Use Permit. The sale is contingent on the Jordans receiving the proposed Conditiona! Use Permit. Applicants have provided a written scenario of their proposal for the property. It should be noted that the Bannocks have operated a greenhouse and florist shop from this site for years. If the Jordans purchased the property and continued the use, without any changes, no permit would be necessary. The use would be considered grandfathered. However, as noted in the information provided, they propose to remove three buildings and build a new greenhouse. They are also asking to sell food from both their gardens and a coffee shop. This would be a new use. The applicants mention they would like authorization to raise chickens. The City does not have a livestock ordinance and no special permission would be required. The dump station mentioned by the applicants would require permitting through the City's Finance Department. Because they are offering this as a convenience and do not plan to provide overnight parking far these vehicles, no special use permit would be required. City Engineer: None. Building Official: Building permits would be required to remove and reconstruct any building on the lot. RECOMMENDATIONS Due to commercial use in residential zone, recommend landscapelsite plan be required before construction begins to assure that site has adequate parking, PZ99-24 Comments Page 3 1 snow removal areas, etc. Recommend approval with landscapelsite plan requirement. ATTACHMENTS: 7 . Resolution No. PZ99-24 2. Application 3. Drawings 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ99-24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Porter & Susan Jordan USE Greenhouse, Gift Shoa & Coffee Shop LOCATED 202 North Forest Drive, Government Lot .111 {KPB #04312005} Street AddresslLegal Description) WHEREAS, the Commission #inds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: June 3 1999 2. This request is on land zoned: RS--Suburban 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: June 23 1999 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED GREENHOUSE. GIFT SHOP, AND COFFEE SHOP 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, JUNE 23 , 1999. CHAIRPERSON: ATTEST: u ~ 2t0 FIDAL GO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~T/L!~ CONDITIONAL USE PERMIT APPLICATION !~` f ~ ~ - `~ /~N GiTY OF K ~ ~~ ~~~~~ ~i~ ~~~ o~ ~ ~~/~ DFa FN~~ TELEPHONE 907.283-7535 FAX 90T-283-3014 ~ ~rwar tlf~~f .„: Date: ~_ ~~~t.r % %n`~l Applicant's Name: ~C.+f' i ~ ~ f: ~' .~c r 5 -ail/ `~"~~~~'~~/~/l, .r ~ Business Name: ~"i .~ i - /~ ~-` ~ ~ ~ -~1'~~%i.' ~ ~ii= .~~. Mailing Address: -r'-C:` /U /-Cr~:,$'T ~,~ /~~=/l, _a~ ^~~ ~<fl ~~ ~.~ Street Address: :'-t';ti ~ ~ :E' ~" ~h' C/~.~~/ ~ ~' ~'(r / (Where permit will be operated from.) Legal Description of Property: / C' ~, ~' ' ~ L-t,f~ _~ / ~ ~C ` / .~i ?% Kenai Peninsula Borough Parcel No.: C'~f ~ _ I.~CC ~- C':S ~~" City of Kenai Zoning: ~'~ ` ~~ c~ -`' .='~/ f'C,.a / /~ L/~, "~`j,.•j~(. Provide a detailed description of the proposed use. If the space provided is not suff cient- attach a sheet to the application The followin information must be rovided before your a licatian will be considered for rocessin Do not submit vour a 1ecation until it contains all re uired information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. 0~ am not the legal owner of the property; however.l have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ~ttached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected proper}•. Plans must show, at a minimum, the entrance, exit, and parking spaces on the propert}•. 0' I have paid the appropriate fee. +**~***~ I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe ~ that the requested permit satisf es the requirements of this section of the code. Specifically, the following requirements have been satisfied: Q~ The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ~~ The value of the adjoining property and neighborhood ~~-ill not be significantly impaired. ~he proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. ~he proposed use will not be harmful to the public safer}~. health or welfare. I certify that the information provided is accurate to the best of my knowledge. '--- " Applicant: Date: ~ --~? - ~~C Attachment: KMC 14.20.150 Date--~_-- , _~ ~ ~~ y ~ ~_ ~~ ~ ~ -~ Letter of Authorization !, John Bannock, do hereby authorize Porter & Susan Jordan to prepare and submit a conditional use permit application for my property located at 202 N. Forest Dr. Kenai, Alaska. I have reviewed all documents that pertain to the conditional use permit that is being requested, and I approve of all the plans that will be submitted to the City of Kenai, Planning & Zoning Administration. !f anyone should have any questions regarding this letter of authorization, please give me a call at 283-7742. Sincerely, j ~~ l John Bannock c, r_ ~~~ ~ ~ ,~1]N " t ~~~ CITY OF KENA~ ~ 210 FIOA4Q0 AVE., SUITE 204 KENAI, ALASKA 94611-7794 TELEPHONE 907-283-7535 _ FAX 907-289.3014 ~ .+.M.n. III~~I ~~, AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE -~ I, ~ C-' ~ Vi ~ ~ _ ~~Ct. _ ,~ hereby certify that I have pasted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 {d} on the property that /~~ . °f` ltd ~~ s r7c~ ~~ c.,~_~~. i~t(Name of Applicant} has petitioned fora ~ ~ bP ~~ ~ ~i ~ cx ~.._ ~ ,li C`' r'. ~c^ ~-~~ ~ ~" The notice was pasted on _~J ~ L~YI ~ _ _ ~ ,which is .~ (f ~C~s' days prior to the public hearing on this petition. I acknowledge this Notice must be posted so as to be visible from each improved street adjacent to the property and must be maintained and displayed until all public hearings have been completed. I acknowledge that the Notice must be removed within five (5) days after the hearing. Affirmed and signed this Jt"~ ~ `3day of .1999. - _~.1 Leal Description: Tract or Lot: Block: Subdivision: KPB Parcel No.: ~~~~ ~ L~-~~ ~ 1 S ~~1.:3 I ~ ~~~,~~ Signature ~ ~ ~ l~~~L ~~~~~~ ~ ~- ~~ ~ t ~~ Fireweed Herb Garden ~ Gifts It is our intent to open and run a successful small business on the current Nu-State Nursery & Flower Shop property, located at 202 N. Forest Dr. Kenai, Alaska. The business will remain a greenhouse nursery. The atmosphere could be described as a farmers market, specializing in herbs, pick your own vegetables, flowers and gifts with an Alaskan theme. We are applying for authorization to remove three aging buildings and construct a new greenhouse. Part of the business plan includes selling fresh organic produce, sv we need authorization to sell food. Included in this plan would be a small coffee counter, enclosed in the current store. 7 The type of organic fertilizer we would like to use is not always available in our market, so we are also asking for authorization to raise some chickens and construct a hen house on the back area of the property. !understand this was done on the property in the past. A moose fence will also need to be constructed. We will enlarge the parking area and have a handicapped accessible building. The store needs a covered parch connecting to the greenhouse area. In ane area of the store we will offer Alaskan made gifts, garden style gifts and sundries. The lots directly across 2nd avenue are zoned commercial and we believe our business will add to the beautification of Kenai with this buffer zone between the suburban residential lots and the commercial lots. We intend to plant outdoor display gardens and we would lave to offer field trips to the ~ Ioca[ elementary schools and possibly gardening classes. We also intend to add a RV dump station as a convenience to the motorhome visitors. The dump station will be off the main thoroughfare, located on the back corner of 2nd avenue. Nly husband and I are committed to living in the Kenai area and as 32 year Alaskan residents we have the knowledge and gardening experience to have a successful gardening business in Alaska. I grew up in the Kenai area and I am tickled to be a part of the community again. The Nu-State Nursery property has a wonderful forty year history of being used for commercial gardening with grandfathered rights, and we would like to keep the tradition and history alive. 7 Sincerely, Susan Jordan GU~~~tr~-~I i~a~ ~~ .~ Exisfin~ f~' [=rcB n homes es moo' cn„~r~rC Ra~.r c~ifa~ 6~iow ~ ~r Fuf I ~ ye rxent 9rCi S~ 1 .Z - / ~i ~ vor ~ ~ 5%.~-i Existing Fu 1/ ~F/ow~r Fx1Rt;n9 '' Shoe ~.~~ ~ --20'-- -Narehou~e. .~~' - •---~- 35 ~ Power Pole ~- --- -- --~ --•- .! ~n N Z~ 41d wer ep 130` > E--- ~ ~~ n ~ T ~? ~ Y A- ~,i ~~ p ~ ~ ` ~. t~~._.._ c~~s~~~- 1 ~~~_~ - , ~ ~pvJ~ GAS ~ w A~R~1~ a ._ pt .Q ---~ - ~ ~ ~ ;- U~ (11~~~1 ~ ~ ~ ~ t'sW ~ ... ~# Ord ~~ H ~ ~- r3 w -W---~ i AreA- i -. ~, ntr~i ~ ~ `~ w ~, ----3 ~~ ~' `~' - A -~ ~ -° I =' E~tY 1_ ~ r t- d. ~ ~ ~ Exia~i.n~ - c~ r•M1,zr=c Ft_euCG ~a °0 ;~ F/o w e r ~ - - -- ----- n ~ F r ANTS ~.~- xw , pAr~ ti. -NG f~„~ 35 ~~ PoweY Pole _ .. _.. ._. _.~~_. -~ - - - --~ - --- -~- ~-~- -----~-- N ~~-I ~ ~ ~ z log a~pS~a r Q ~ E-~ •--~ Q ~ .--+ ~ ~ ~ ~ , ,-~ z ion asns3a o w ~~ v ^~ ^ z '"~ Q a ~ ~ .--i ~--i Q ~ o ~~~ N ~ - C12 7C ~ Q~ O '~ ~ ~ ~ ~ .--~ . W o J ~ ~ a ~ ~' ~,,,~ co a ~ d'. ~ ~ ^ ~ era ~ 0 ~ 1N~ a "'~ ~~~ ~ ~ E~ ~ ~ ~ o ~ ~ 'ZS ZZI~ '1~ ~~ w ~~ a ~ ~ `~ za ~'~ W b N l~ I Q~ ~ I d o ° co co C ~ ~ 'ON ,-, ~ l~ x a ~-, Q' W Struempler Plumbing Co. 1409 2ND AVE. - KENAI, ALASKA 99G11 June 17, 1999 Re: Proposed Conditional Use Permit Resolution #PZ99-24 City of Kenai RECEIVED 21~ 1=idalgo Ave. Suite 200 Kenai, AK 99811-7794 ~ f 8 ~ Attention: Planning and Zoning Commission To Whom ft May Concern: This letter is to respectfully request atwo-week delay of your consideration of the Conditional Use Permit on the property located at 2p2 North Forest Drive. I received my notification on June 15, and I do not feel that this is sufficient time to contact all ofi thane who might not be on the city's list but would also be impacted by the changes. I feel that there are two items included in the letter from the proposed new owners to the city that should be addressed by the Planning and Zoning Commission. 1. The proposed RV dump, which is listed as a convenience item far travelers, must also be considered there for the use of customers - is this not a business use? 2. The chickens are to be raised for use as `organic fertilizer' - is this not to enhance the value of the herbs, vegetables and plants that are to be sold on the premises? Most certainly this is contributory to the growth of the business, and therefore business related. I realize that there is no residential restriction against either of the items listed above so that they do not normally need to be considered by the Commission. However, since these items can be shown to be business related, and the preliminary report prepared for the Commission does not include them, I feel that the study should be expanded to consider their business relationship. Once this has been addressed, then the Conditional Use Permit must include #hese items. Thank you, ~~ Keith H. Struempler Struempler Plumbing Ca LS JIJh 18 '99 87;39 AM 1 .tUtti' Ili, 1999 J.C. B08KEy 1'lannin~; R l.attiltg, ('c~lttrnissian t'hair'rncrt an{I C'On3r»ic~iott Mcmh4rs Ill:. C'{,nditittrt3l U~c• l'cr~ru! ['%9{~-~~! .tint r~cxikev Ilf 1=~f1~ ;?old /1~~c' Kt'nai, l1l~ckat 9~~(+I 1 9872834013 Pnge 1 ~a- RECEIVED ~ # S 199 cmr of K~r~tAt /1! tltis tinti~ l would like !n i15k l()r ii L~Glily Urt rl3t' CENt:l`!{lkl {}{~tthnyC. BCtlOrt till 1'nUF [1CX1 $(;~e~ule J !Heeling of .Jtll}' ct, I')'J'1. t rt;ccivL:d nolicc ol~tlli,~ item NL° rerlitit~d n)~lrl on lone 1G. ]9~)t~ wiilt c+Ihcr e.ylabfishe:ci cnmmittttent4lhi~ will nc+t tllfc.n~' irt~•ti{;It`nr otf~cC~ to Five ibis ~ciion tFtt prp~r att{~lrticxt. This C'iJi~ +~as discussed witft rrtc i)~' M~. F3:tnrt~~c~k ticvcr~+I malnth.` a~{cl' tlntl ~<<]s l~rt+}~:t~~,atecf its ~t rolicz'v~r t~1`i!l~lnclf~tlter rights, bul ,~ttCr sec•inE' fll~pllclttlt)n th15 dates rtt)l SCC1ti lcl he the ease.. With rnajc~r cttttrl~cs ic) this agc.ndlt nc~ c!'tcct< <rri~ t~cr}• rca! and cc)uld hc~ t~otitly tt~ the «~futle I~nrest I)!•ivc~ arc.~-. !iy tfte ntc:etin~! ofJtrl~~'~th f ;tn{i c+tlt~r~ n~i11 lie nl~lc tct ~rt~sertt our case on this issue in an accc~~t~thle mctr~nci. ftc~~tectfull~--j ~••~ ' 1 ~ - ~ .1im l-iuokey ill` L ~6 ~~- AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 16, 1999 7;00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /w~xrw.ci.kenai.ak.us BOARD OF ADJUSTMENT HEARING: Appeal of Beaverloop Partnership/ Warren Polsky, Partnership Manager, Appellant ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 mixi~uytes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1817-99 -- Amending KMC 14.20.185 by Adding a Section Which Would Provide for an Administrative Exemption for Encroachments of Up to a Total of 'twelve (12) Inches. a. Remove from Table b. Consideration of Ordinance. ~~ 2. Ordinance No. 1818-99 -- Amending the Development Requirements Table of the Kenai Municipal Code, Title 14, by Adding a Provision for an Administrative Exemption for a Reduction of Up to a Total of Twelve (12J Inches From the Setback Requirements. a. Remove from Table b. Consideration of Ordinance. %Q.~e~G~ . 3. Ordinance No. 1829-99 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Airport Land System Special Revenue Find for Utilities at the Alaska Regional Aircraft Fire Fighting Facility (ARFF). 4. Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by X424,457 in the '98 Water System Improvements Capital Project Fund. /~ G~. ~~r 5. ~~ 6. a. Substitute Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by $724,467 in the '98 Water System Improvements Capital Project Find. Ordinance No. 1831-99 -- Increasing Estimated Revenues and Appropriations by $1,782 in the Cunningham Park Capital Project Fund. Resolution No. 99-35 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Keith Stuart for the Period July 1, 1999 Through June 30, 2000. 7. Resolution No. 99-36 -- Approving a Contract to North Star Paving, Inc. for the Project Entitled Crow Court 1999 Improvements for the Total Amount of $30,51 1.55. 8. Resolution No. 99-37-- Transferring $2,450 in the General Find for Document Imaging. 9. Resolution No. 99-38 -- Transferring $6,113 in the General Fund for a Telephone System Replacement. 10. Resolution No. 99-39 -- Approving a Contract to Zubeck, Inc. for the Project Entitled 1999 Water System Improvements for the Total Amount of $1,103,160.00. 11. Resolution No. 99-40-- Awarding aFour-Season Lease (June 17, 1999 to October 1, 2002) of Kenai Dock Station No. 2 to R&J Seafood for the Seasonal Base Bid of $8,200 Plus $0.0375/Lb. Over 218,b67 Lbs. 12. Resolution No. 99-41 -- Transferring $3,000 in the Airport Land System Special Revenue Flxnd for Advertising the Kenai Municipal Airport. ITEM 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. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of June 2, 1999. ITEM F: ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ~~~ 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinanee No. 1832-99 -- Increasing Estimated Revenues and Appropriations by $55,000 for Preliminary Design Work on the Kenai Coastal Trail. ~~ D~~~ 4. Ordinance No. 1833-99 -- Extending the Term for Investment ~,~,~ ~, Maturities From Two Years to Five Years and Changing Liquidity Requirements. 5. Approval -- Change Order No. 1 /Peninsula Construction, Inc. - $1,782.00. ~i'D7le~ 6. Approval -- Kenai Community Library Amendments to Library Regulations Changes to Lending Policy . 7. Approval -- Special Use Permit/Dottie Fischer, d/b/a Alaska Best Travel -- Space 36A, Kenai Municipal Airport Terminal. ITEM I: ADMINISTRATION REPORTS I . Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION I. Citizens (five zninutesJ 2. Council EXECUTIVE SESSION -None Scheduled ITEM K: ADJOURNMENT ~~ ~~ M ~ F •~ •~ 0 N T a a .+~ N r7 z n w a Q ~ ~ cy C3 ttl G3. ~ Q. d y s ~.. O U ,~ w e... :d O C C O O .~ ,~ O U x w as ~ ~ U y '+- ¢. ~ y ~ C v~ O ~ ._' ~ 'O ~ C. +.. .-~i O ~ U 3 0. •° C~ S]. CU ~ O I ~ •~ ~ ~~~ ~~a U ~~,p Q` ~ ~ Q (n .~ .~ .a > w Q. C O U 'O 'G O ~~+ o 0 U c IU w .~+ C Q U U f.. 0 U F+ V M O Q O .~ O cd CS, ~ t~ f]. d C _T O C1. = Q~ p v a`~i N ~. ~ u ~. ~- •~ '~ ~ O 0 3 •~ o :a ~ ~? ~ a.'rs G ~ ~~ ~ ti .n .~ w N _ ~ U V .~ ~ cn o Q 'O C GCU I .~ G C Cc7 c ~ U N .~ °~ 13 •y y ~ ~ '~ ~ O U y ~ V ~ w ~ Q 'CV C G4 G. :c •ro V ~ O ..~. ~~ •I~ ~ .~i ! ~ '~ C ~~ O ~ pp U ctl ~ .C.n ° ~ ~ Iroi 0 0 ~' V] V ~ Gi ~ '. tj c ~ ~ 3 ~; ~ c ~ ~C'O~.U ~ ~ ,~. Q w O o ` ~ ~ .q U C u~g~ooa,~ t, ~ y T..r ~ .~ y ~ Q. 1.. ~ p O V1 N ~ CL p`, id ~ ~ C ~ ,~ a~i ~ 'o c~. " i "o, U ~ O ,G a7 U O ~ . O O v ~ '^ ~ ~ c6 C ~-. 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C `~.. ~' ~. v1 3 ~ > C7 a a> E ~ ° Y ~, ~ v' ~ m ~ ~ > L •= >, 3 ~° w ~ U ~ '~ ° ~«. ~ ~a, o ~ u. .a ° ~ A > •~ C U y _Q` ~ A •^ 0 ~ ,U,,, ~° ~ ~ G. 'O i CIO N ~ N O ~ in ~ y Oa '~ ~ ~ `n ~ 'C7 p, ~ ~ ``~ ~= O fi] G ~ p ~ •~ .C N C Q., ~ aCi C 'O C O ~ v ~ v ~ >, h U •~ cC ~ ~ +' y ~ ~' ~ ~ 'O v c ~ •a U ~: ~ a~ o ~ F" ~ ~ ' ~ ° a~i ~ y :~ U •~ ~ ~ ~ w ,~ ~' ~ F" E ~ ~ C4 3 ~ ro ~ c u°'r o ° 3 q ~ ~ H b E ~ w ~ ~ •~ ~ ~ ° ~ ~ c ~ ° o -o ~ 'v o T ~ ,4 0 . E o x ~ m o a a ro E° C ~ ~ .~ ~ E ~ ro o ~ >, ~~ ~0 5 > ~ ro a, o ~ a' ~ ~ o a~ ..m o ~ ~ ~ ~ E Y ~ >, ~ > ~ W n ~ I c o ~ ~ ° .~ n ~, ~ ~ "0 ro ~ a~ c ~ ~ c ~ w ~ ~? ~, ~. ro ~ G ~ o i ~ ~ a 3 ,--, ro ~ o a~ ~~ •L „ ro a .o v o '~ o ro„ '+~ by O ~ ~c rp ~ a ~ ~ •~ .n ~ O ,~ ~ ,~ ~ y aVi -p ~ v p< Y a VO ce `~ 'ti ai v Q., ~ ~ ti ~ E .p .r ~ ~ ~ ,'~•' ~ p "C (*1 >' G ~ i ~ p cVtl '~ ~" ~., •~ {/O u ~' ~ ~ U 'O N V' y ~ id y F. U ~ ~ ~ ~ ~ ~ .Y ° (j ohs 4 o t~ ~ ~ ~ ~ ~ i ~ a `" a $ ~ ~ ~ o. aVi a^°i .^° ris .c .a ~ `~ 3 ~ ~ o ~ . ~ E ~ •~ ro v `~ ~ ^o ~' vim, 'G F «. ~. CJ +•„ ~ ~, ~ ca ~ vi ,~ ~ «. v .C ~ ~ 'G ° v ~ w w O a V U ,.. ~ ~ C 'a Q, •~ ~ ~ ~ ~ v r" ~ ~ V R. ~ v v U ~ C 'C p ~ b~A O •.~ ~ w a>i ro O Cp vVi ~ w ~ CD >, ~ V N v v' O '« ~ Gq ° ~ a ° a a ~.: b a ~ ° ~ ~ ° '~ " E o o m ~ a c ~, ~ .o •^ '° •° ° o .y ~ ° „ •~ w 'n ~, a. u .E E ~ U ~ W a. >r o ~;., ~ .n E ~ 'd o C Cq 0 >-. ~ ° ~ 'n ° -p •~ ~ ;~ E, ~° ~ ~ ~ ~ ~ ~ :; ~ U V1 ~ ~ O ~ O ~ ~ C ~ ~ ~ y C ° cC ~ v ~ E ~ v Y O rn o 0 id ° ° O v^ eq v ~ ~ ~ v ~ `° v ,~ 'n w ~ r,, Z c ro ~ .' v ~ -c o o ,~ a U . on a~ -- ~ v cv °~ a. ~ ~ ~ ~ a a ~ ° 2 0 ~" •E " F" ~` E cn F~ ~ ~ ~ H ~ ~. ~ ~ Q 5 ~ E ~~ ° H ~ o x ~ o ~, •° ~ '~ V ~ h h U ~ftwi 1° p E O. C 'Y ^Q ~ ~ ~N O 0.`CV., Y O ,~ ~ 4) ed ~ O `~ O O O aVi U V Ri N .-. O. S]. V > .!? ~ u A ~. 16~ CITY OF KENAI 1998 ANNUAL CLG REPORT A. LOCAL PRESERVATION ORDINANCES: 1. There were no new ordinances, amendments or proposed amendments made to the local historic preservation ordinance. 2. There were no changes to the City of Kenai's Comprehensive Plan during 1998. B. LOCAL HISTORIC PRESERVATION COMMISSION OR BOARD: 1. The City of Kenai's Historic District Board membership changed during the year. Michael Huhndorf resigned from the Board in May; however, he rejoined in October. Gloria Wik resigned from the Board in September. At the end of 1998, there was two Board vacancies. Board members during 1998 were: MEMBER POSITION Dorothy V. Gray Member-Chair Person Ethel Clausen Member Michael Huhndorf Member-Historian Bill Kluge Member-Architect Gloria J. Wik Member--Resigned 9198 Vacant Member Joe Moore Council Person-Ad Hoc Duane Bannock Council Person-Ad Hoc During the past year, the Board has been able to meet quorum requirements more consistently; there were only two meetings wherein quorums were not established. This can be attributed to the change in number of Board members from nine to seven. Since Alan Boraas resigned his seat, the Board has been acting without the benefit of an archaeologist. However, Mr. Boraas continues to remain available to the Board to fulfill the needs of the archaeologist. At the conclusion of 1998, the Board consisted of the following members: MEMBER POSITION Dorothy V. Gray Member-Chair Person Ethel Clausen Member Michael Huhndorf Member-Historian Bill Kluge Member-Architect Cecelia Richard Member Vacant Member Vacant Member Joe Moore Council Person--Ad Hoc Duane Bannock Council Person-Ad Hoc 2. No new members were seated on the Board. 3. The Historic District Board operated without the benefit of a full board again during 1998. There was one vacancy for the majority of 1998. When Ms. Wik resigned in September, there were two vacancies for the remainder of the year. The City Clerk is responsible for the City's Board and Commissions. Vacancies are advertised by word of mouth, public information advertisements, and by mailing information to citizens whom have served on various boards and committees in the past. 4. During 1998, the Historic District Board meetings were scheduled for the third Monday ~ of the month. During 1998, the following meetings were held: MEETING DATE Regular Meeting January 19, 1998 Regular Meeting February 17, 1998 Work Session March 16, 1998 Regular Meeting March 16, 1998 Regular Meeting Apri120, 1998 Regular Meeting May 18, 1998 Regular Meeting June 15, 1998 Regular Meeting July 20, 1998 Regular Meeting September 21, 1998 Work Session September 21, 1998 Regular Meeting October 26, 1998 Regular Meeting November 16, 1998 Copies of the minutes from these meetings are attached. Note that in May and July quorums were not established and no meeting was held. No meeting was held in August due to lack of business. The September 21, 1998 work session was a joint session with City Council. City ~ Council scheduled the meeting to discuss the direction and future of the Board and its relationship to the Planning and Zoning Commission. After the session, Council directed 1998 Annual CLG Report Page 2 to Board to provide suggestions on how the Board should proceed. At the October meeting, the Board voted to meet quarterly, unless a special meeting was necessary. Council agreed with this recommendation and beginning in January 1999, the Board's meeting schedule was changed. There were no other changes to the Board's function as result of these discussions. 5. The board did not participate in any CLG training or conferences during 1998. C. SURVEY AND INVENTORY OF HISTORIC PROPERTIES: This information did not change during 1998. 1. In July 1996, Preservation North completed the survey of the Townsite Historic District, which was funded through a CLG grant. The area surveyed was approximately 70 acres and included 32 properties in the Townsite Historic District and 12 properties in the adjacent area. 2. Thirty-two historic properties were surveyed. AHRS cards were completed for these properties. 3. This was the first survey of historic properties for the City of Kenai. The survey cataloged historic properties providing the City with information as to what properties existed, their condition, owner, etc. This information will be used when revising or preparing development guidelines for the historic district. For the properties surveyed, there were 28 different property owners. D. PRESERVATION PLANNING ACTIVITIES: 1. The Townsite Historic District Board began working on defining the City of Kenai's Preservation Plan during 1995. Topics were assigned to Board members. This has been a slow process. In 1996, the Board reviewed their goals and objectives/mission statement, made changes, and accepted the revised statement. The Board continued working on the Preservation Plan in 1997 and 1998. In October, after extensive effort, a finished product was presented to the Kenai City Council. On October 7, 1998, Kenai City Council approved Resolution No. 98-71 accepting the preservation plan. (Copy of Resolution No. 98-71 attached.) The Plan was sent to the Office of History and Archaeology on November 12, 1998. 1998 Annual CLG Report page 3 E. NATIONAL REGISTER PROGRAM PARTICIPATION: 1 . The CLG did not evaluate any properties for listing on the National Register of Historic Properties during 1998. l=. PROTECTION OF HISTORIC PROPERTIES: 1. The Townsite Historic Board reviewed two applications for development in the Township Historic District. The first review was restoration of a garage. The second review was the restoration of an office building in the district. The Board approved both plans. 2. The Mission Street upgrade was completed during the Fall of 1998. This project included parking areas for the Russian Orthodox Church as well as sidewalks and ornamental lighting. The Board had reviewed this project prior to the start of construction. The walking tour winds along Mission Street and the upgrade makes the walk much pleasanter. G. PUBLIC EDUCATION PROJECTS: 1. The walking tour brochure for Old Town was completed and available in time for Historic Preservation Week. This walking tour guides citizens through Old Town past the historical properties that were recognized as part of the signage project. As was noted in last year's report, the brochure was primarily the responsibility of board member Michael Huhndorf. Mr. Huhndorf, using the data contained in the survey document, and local sources prepared a draft for the walking tour. The Board as well as other long-time citizens of the area reviewed this draft and provided input. The Kenai Visitors & Convention Bureau provided funding to have the brochures printed. The brochures are available at the Kenai Visitors & Convention Bureau. The tour begins at the Center where Moosemeat John's Cabin (the Chamber of Commerce) is Iocated. 2. A guided walking tour was held on May 9, i 998, to kick off preservation week and to introduce the Old Town Kenai Walking Tour. A reception was held at the Kenai Visitors & Convention Bureau after which the guided tour was offered. John Williams, Mayor of Kenai, issued a proclamation proclaiming the week of May 1Q-lb, 1998 as Preservation Week. (Copy of proclamation attached.) 3. The Board was given the opportunity to provide input for the Central Region Gold Rush Sign Project. The Board suggested possible sites for a sign to be placed in Kenai to commemorate Peter Doroshin's discovery of gold on the Kenai River. As result of the Board's recommendation and working with the Kenai Visitors & Convention Bureau and Office of History and Archaeology a gold rush commemorative sign will be placed at the 1998 Annual CLG Report Page 4 Kenai Visitor & Convention Bureau. It is hoped to add the gold rush sign to the walking tour and eventually (funding permitted) place a sign at the Center near the gold rush sign to provide a visual representation of the walking tour. 4. The Board and City Council have discussed the possibility of obtaining a parcel of land in the historic district to provide a location for displaying historic equipment. The Board will explore land acquisition for exhibit opportunities in Old Town during 1994. H. HISTORIC PRESERVATION GRANT ACTIVITIES: 1. The City of Kenai did not apply for any CLG Historic Preservation Fund grants during 1998. 2. The City of Kenai did not apply for other {non-CLG) preservation grants. I. OTHER PRESERVATION ACTIVITIES: 1. As was noted in last year's report, the City of Kenai has been working with the Kenaitze Indian Tribe of Kenai in an effort to preserve the historic Dena'ina village at Shk'ituk't. Past efforts have included the beginning stages of designing a pazk for the area. A sign was placed at the site as part of the signage grant in 199b. The city has postponed any future development in the area pending the removal of a FAA antenna farm. The FAA is currently in the process of clearing the site. After the FAA has vacated the site, the city will re-evaluate the proposed park. 7996 Annual CLG Report Page 5 l`D~ SUBSTITUTE Suggested by: Council CITY OF KENAI ORDINANCE NO. 1817-99 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.185 BY ADDING A SECTION WHICH WOULD PROVIDE FOR AN ADMINISTRATIVE EXEMPTION FOR ENCROACHMENTS OF UP TO A TOTAL OF TWELVE (12) INCHES. WHEREAS, currently any request for an encroachment permit requires the application to go through a public hearing process before the Planning & Zoning Commission; and, WHEREAS, that process can be unduly burdensome for applicants who request a permit for a small encroachment; and, WHEREAS, permits for encroachments of not more than a total of twelve (12) inches could be exempted administratively without violating the intent of KMC 14.20.185 provided the review criteria set forth in KMC 14.20.185(d)(1)-(4) are followed; and, WHEREAS, the allowed exemption on any one front, rear or side setback could not be more than 10% of the setback for that front, rear or side as contained in the Development Requirements Table. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.185 is amended by adding the following section: i Administrative Exem tion. The Administrative Official ma ant an encroachment ermit without a ublic hearin if the total encroachment inclusive of all front rear and side setbacks does not exceed twelve I2 inches and rovided that: 1 The allowed encroachment on an one front rear or side setback ma not exceed ten ercent 10% of the setback as contained in the Develo ment Re irements Table or twelve inches whichever is less: and, 2 The Administrative Official finds that the review criteria in KMC 14.20.185fd1 are met. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of June, 1999. __ -- -. ATTEST: ` - -~~. John .J: VViiliams, Mayor ~, . ~ f, Carol L. Freas, City Clerk ~ Introduced: April 7, 1999 Adapted: June 16, 1999 Effective: July 16, 1999 ~~~~ ~ ~~ ~/~bl~ SUBSTITUTE Suggested by: Council ' 1 CITY OF KENAI ! ORDINANCE NO. 1818-99 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS ,AMENDING THE DEVELOPMENT REQUIREMENTS TABLE OF THE KENAI MU CIPAL CODE, TITLE 14, BY ADDING A PROVISION FOR AN ADMINISTRATIVE XEMPTION FOR A REDUCTION OF UP TO A TOTAL OF TWELVE (12) INCHES F M THE SETBACK REQURIEMENTS. WHEREAS, currently any request for a reduction in the s back requirements contained in the Development Requirements Table requ' s the applicant to go through the variance; and, WHEREAS, the variance process can be unduly bu densome for applicants who request a small variation from the setback requir ents; and, WHEREAS, variances of a total of twelve (1 ches or less could be done administratively without violating the inter~ltj purpose of the development requirement standards; and, ~/~ WHEREAS, the allowed exemption on mare than 10% of the setback for 1~~ Development Requirements Table. one front, rear or side setback could not be ~t, rear or side as contained in the NOW, THEREFORE, BE IT ORDAIN D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Development Re irements Table is hereby amended by adding the following section to the Addendu to Development Requirements Table: 121 inches, inclusive of all front. rear, and side xiittal of a clot x ! land survevor sser setback we in the Developn iy one front, rep f the setback as ie Administrative Official finds or side PASSED BY THF~ COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of June, 1999. / ATTEST: Carol L. Freas, City Clerk Jahn J. Williams, Mayor Introduced: April 7, 1999 Adopted: June 16, 1999 Effective: July 16, 1999 21D FIDALGO, SUITE 200, KENAI, AK 99869-7794 (9D7) 283-7933 Cc's Ci#y of Kenai To: Terri Brown From: Marilyn Keiaschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: June 17, 1999 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, June 21, 1999. This will be charged against the open Purchase Order you have. Thanks. June 17, 1999 1 CITY OF KENAI PLANNING AND ZONING COMMESSION **AGENDA** KENAI CITY COUNCIL CHAMBERS June 23,1999 at 7 p.m. httP:llwww.c i. ke n a i. a k. u s 1. CONSIDERATION OF PLATS: a. PZ99-25-Preliminary Plat-Redoubt Terrace Subdivision, Bluff View 2. PUBLIC HEARINGS: ' a. PZ99-24-Conditional Use Permit -Greenhouse, Gift Shop & Coffee Shop for the property described as Government Lot 111, 202 Nor#h Forest Drive, Kenai, Alaska. Application submitted by Porter & Susan Jordan, 8950 Greenbelt, Anchorage, AK 99502. 3. NEW BUSINESS: 4. OLD BUSINESS: The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us], or by contacting Jack La Shot ar Marilyn Kebschull at 283-7933. Marilyn Kebschull Planning & Zoning Administration Publish: June 21, 1999 • Page 2