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HomeMy WebLinkAbout1999-07-14 p&z packet- ~ CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS July 14,1999 - 7:00 p.m. http://www. ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: June 23, 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: 4. PUBLIC HEARINGS: a. PZ99-26--Encroachment Permit -Front Yard Setbacks--For the property described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. b. PZ99-27--Conditional Use Permit -Retail/Wholesale Business (Upholstery Shop)--For the property described as Lots 7 & 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. 5. NEW BUSINESS: 6. OLD BUSINESS: a. MOTION FOR RECONSIDERATION-- 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, Alaska. 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Agenda 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. "Zoning Bulletin" -June 10, 1999 b. KPB Plat Committee Action -June 28, 1999 c. Letter from KPB dated 6/15/99 d. Letter to State of Alaska, DOT, dated 6/25/99 e. Memo to Kenai Police Department dated 6/25/99 11. COMMISSION COMMENTS & QUESTIONS: Page 2 July 14, 1999 12. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS June 23, 1999 - 7:00 p.m. http : //www. c i . ke nai . 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: 10. 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 June 23, 1999 - 7:00 p.m. http: / /www.ci.kenai.ak.us 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval: GOECKE MOVED TO APPROVE THE AGENDA, INCLUDING THE HANDOUTS PROVIDED BEFORE THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -June 9, 1999 BRYSON MOVED TO APPROVE THE MINUTES OF JUNE 9, 1999. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: a. PZ99-25 -Preliminary Plat -Redoubt Terrace Subdivision, Bluff View BRYSON MOVED TO APPROVE P299-25 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY GOECKE. Nord indicated that she would abstain from voting on PZ99-25. Planning & Zoning Commission June 23, 1999 Page 1 Kebschull brought attention to the letter from DeWayne and Diane Craig which provided clarification of the construction of the dwelling. Kebschull noted the Craig's were informed of the State statute stating the surveyor would be required to certify the construction. The City would not do the certification without an engineer's report or the building official seeing it first hand. No discussion. VOTE BRYSON YES ERWIN YES GOECKE YES NORD ABSTAIN NEWBRY YES GLICK YES Motion passed. 4. PUBLIC HEARINGS: a. PZ99-24 -Conditional Use Permit -Greenhouse, Gift Shop and Coffee Shop for the property described as Government Lot 111, 202 North Forest Drive, Kenai, Alaska. Application submitted by Porter and Susan Jordan, 8950 Greenbelt, Anchorage, AK 99502. NORD MOVED TO APPROVE PZ99-24. MOTION SECONDED BY BRYSON. Public Hearine Verbatim Begins: Porter Jordan, 8950 Greenbelt, Anchorage, Alaska -The purpose of this evening is to propose amendments to the conditional use permit application and I only made, I apologize but I only made six copies of the changes that we'd like to make in there to. Could I... bring these up for your... Glick: Yeah. (Jordan hands out copies of his proposed changes) Jordan: The reason for the proposed amendments is more for clarification than anything else. Number 1 being the relocate of the RV dump station to the north side of the existing flower shop on Forest Drive. The exact location will be to... be determined based on the setback requirement for that area. Number 2; move Planning & Zoning Commission June 23, 1999 Page 2 the hen house closer to the center of the property, near the back of the new greenhouse. There will be a maximum of thirty chickens allowed on the property. (pause) Glick: Okay Jordan: And that's it. Glick: Oh, Jordan: Thank you very much. Glick: Any... any questions... from the Commissioners? Okay, thank you. Anyone else in the public wishing to speak to this? Jim Bookey, 1403 Second Avenue, Kenai, Alaska -Before you, Commissioners, you have a letter that I sent in last Friday asking for a continuance in this decision. I'd like to rescind that this evening. I've talked with Porter and his wife and I would like to at this time give my support for the project the way it's been presented providing that these changes and... are included into the conditional use permit. Ah, I, I... I had some problems with it but I talked with him yesterday, I feel that they're confident people, they will do it (cough) they've indicated and so I, like I said, would like to see those in the... in the CUP and I have no problems with that. Thank you. Glick: Okay, anyone else in the public wishing to speak? Keith H. Struempler, 1409 Second Avenue, Kenai, Alaska - I like Mr. Bookey, had some problems. I submitted a letter which I now rescind because of the proposed changes to the, to the, the use permit, so as... as of this time I have no problem, I support it as... as amended. Glick: Okay, thank you. Okay, anyone else in the public? Bruce Alumbaugh, 214 Forest Drive, Star of the North Subdivision, Lot #2, Kenai, Alaska -Haven't had a chance to talk with him, yet. I've been fairly busy lately. My only concern, I don't know if now's the time to ask with the revisions you're (question directed to Jordan) tall{ing about, where exactly would the dump station being going? I know you said to the north side of the store. Jordan: Actually it would be, um... and... according to the... the amended copy, if I could just bring this up to you... Alumbaugh: Sure. Planning 8s Zoning Commission June 23, 1999 Page 3 Jordan: The original idea was over here (pointing out the location on a drawing). Bryson: Excuse me, I wonder if you might speak to the Chairman. Jordan: Oh, I'm sorry. Oh, I'm sorry. Um, the original location on the RV dump was off of Second Avenue. We've moved it over here (pointing out on map) somewhere within the new parking area, more or less ... a free standing issue. Over here... Alumbaugh: Hmm. All right, correct. Well I... you know, I'll be the first to admit, I have a little bit a problem with that because I live right here (pointing out location on map). You know, to me it's moving away. I can understand why they object and that you moved it away from there, kinda closer to me cause I'm right up on this, on the northern end of your property... Glick: Sir, you live in the next property adjoining this property... Alumbaugh: Yes... Glick: ... on Forest Drive, right? Alumbaugh: Yes Sir. And... you know... you know, just stating my opinion though, I'm not overly thrilled to have an RV dump... dump site right there, close to us and... Jordan: I'm not exactly sure how much... it's quite a bit of property here... Alumbaugh: Um-mm. Glick: Okay, ah, we need to bring it back to... comments to the... Alumbaugh: Oh, okay. Ah, as it.. my... my main reservations are, you know, relocation of the RV dump site, of course, closer to our property that we have now and, my only other concerns are the increased traf... if well be getting in the way of increased traffic on Forest, it's already fairly busy there in the first place. Ah... that's the only comments I have. Sir? Newbry: How far are you from this line here? Where's your house at? Alumbaugh: Ah, if that is ah, top.... Newbry: Now thi.. Planning & Zoning Commission June 23, 1999 Page 4 Alumbaugh: ...line here represents the border of the property, I'm not sure how... (inaudible) maybe... Jordan: (from the audience) maybe in essence ah, total of 346 feet. Alumbaugh: Well, whichever, whichever... Jordan: ...center... centerline... Newbry: Okay. Alumbaugh: Does... if that line.. if that top line there represents the... corner of your... the edge of your property, I'd be... I border their property... Newbry: Oh. Alumbaugh: ... so... Newbry: So you're to the north then are you? Alumbaugh: Yes Sir. Yes Sir. Glick: Okay. Jordan: (from the audience) Frankly, to be honest with you, our intent is to get it as close to the existing shop as possible... Alumbaugh: Um-mm. Jordan: ...because of the... we'll save some money by being able to tap right into the existing sewer and there are trees in between... between our properties there. Alumbaugh: Okay, were you plan on leaving the trees there or... Jordan: Our intent is... is to ah, leave the trees there and... and.. we truly did want to buffer all the way around the property but... Alumbaugh: Okay. Jordan: ...obviously it... the farther away from the existing ah, sewer, the more expensive it is... Alumbaugh: Right. Planning & Zoning Commission June 23, 1999 Page 5 Jordan: We just picked that spot because we already.. ah, planned on having parking ... and vehicles going in and out so the closer I get to the shop the less expensive it is going to be for me. Alumbaugh: Hmm. Jordan: ..and that is our intent. Alumbaugh: Okay. Glick: Okay. Anyone else in the public wishing to speak to this item? Okay, seeing none I'll bring it back to the Commissioners. Is there ah, comments from staff? Kebschull: Yeah, I'd like to ah, clarify the um, staff report as to these two concerns both the chickens and the dump station. When we first looked at this, we did not view these as... as we probably should have as being used as part of the business. We looked at them and the... and the code... any individual as a residence could have either of these two items, without a conditional use permit in the City. However, upon further review by Administration, as a part of the conditional use permit when they are specifically going to be used as part of the business they would be considered as part of that permit. So, it is something the Commission needs to determine and the Commission, could do, ah, has several options. They could um, approve with the amendments that they presented; you could deny any part of the permit or approve with your own conditions or stipulations, so that... if you have questions about that later I could clarify it further. Glick: Okay. Discussion by the Commission. Mr. Bryson? Bryson: I have no problem with the modification of the grandfathered commercial use in the residential subdivision, though I do have a problem with poultry raising for commercial use and the RV dump. These are quasi-commercial and it would be my intent to propose an amendment to remove those from the permit. Glick: Okay, ah... putting that in the form of a motion? Bryson: I've not done that yet, I11 wait for other comments. Glick: Okay. Other comments first? Goecke: Mr. Chairman? Glick: Mr. Goecke? Planning 8v Zoning Commission June 23, 1999 Page 6 Goecke: Ah, I too, have a real problem. I seem to remember, something a year and a half ago or something there was, a complaint, about livestock in the City limits and I know we had ah, kind of, if I remember right, had kind of a long serious discussion about that ah, this particular thing was ah, if I remember right, horses and pigs. But livestock is livestock and, chickens are... to be fall under that, same heading. Ah, so, I will be in full favor of ah, Mr. Bryson if he, makes that amendment, to the floor and, same way with the, particular dump station, I don't know what that does for, this type of an operation. Glick: Okay. Anyone else... discussion? Mr. Bryson? Bryson: (MOTION) I propose an amendment to delete the approval of the poultry raising and the RV dumpsite from the application. Glick: Okay, you want to add in their new plan? Well, that's the only thing that changed. Bryson: (inaudible) Glick: That's the only thing that changed on that. Bryson: They were proposing to change the location... Glick: Okay. Bryson: I'm proposing to eliminate them. Glick: So you're just eliminating them, okay. Do I have a second? Goecke: Second. Glick: Okay, discussion on the amendment? Nord: Mr. Chairman? Glick: Ms. Nord? Nord: This RV dump station, this would be going directly into the City sewer system am I correct? Glick: Yeah, that's City sewer there? Yeah. Nord: Then, therefore, I really don't have a problem with a RV dump station at the location. The... the chicken situation in a residential area, even though the City doesn't address it, this Planning 8v Zoning Commission June 23, 1999 Page 7 being a business situation, I think they make noise... lots of it so I'm definitely against having 30 chickens in a residential neighborhood. Glick: Okay, anymore discussion on the amendment? Yes, Mr. Erwin? Erwin: Ah, the RV dump, particularly if it's moved up closer to the existing flower shop would take care of the one gentlemen's concern. Ah, going into the, City sewer system, I don't have a problem with that the property is essentially going to be screened, I guess, two sides from what I... understand um, I don't have a problem with that. Glick: Mr. Newbry? Newbry: Um, as for it... now the... the hen house, the chickens, there's 30 chickens there, I'm sure there's a buffer there that's going to keep the noise down anyway, ... just like any facility or business that's in a residential area, the RV dump, the only thing I would be concerned with would be odor but I guess you would have that in a... in any sewer situation. Um, or if, if there's, I don't know how fa... what type of RV dump it is, some are bad, some are good, just depends on the type but, if it's main... maintained and then it wouldn't be a problem. Glick: Okay. Anymore discussion... on the amendment? Mr. Bryson? Bryson: Just to reiterate the point that this is a commercial, or a suburban residential district and it is in a nonconforming situation right now but it is a grandfathered location and the property across the street is commercial, so presumably they're looking at it from across the street as a commercial zone as opposed to us addressing it as a commer... as a residential area. Glick: Okay. Goecke: Mr. Chairman? Glick: Mr. Goecke? Goecke: Yeah, the... the chicken thing ah, re.. and I.. I've been around, was raised on a farm and we had chickens so, I don't care what you do, you're going to have smell also from those chickens and, in an open, not always, I agree, but ah, for a dumpster site, or a dump site, not always but there's some of those that I've seen are pretty, pretty stinky and ah... I would hate to have something Planning & Zoning Commission June 23, 1999 Page 8 like that in a residential area and that's basically what we're talking about here. Glick: Okay, well vote on the amendment, the amendment only, that's to eliminate the dump station and the hen house. VOTE: (Amended Motion) ERWIN NO GOECKE YES NORD NO NEWBRY NO BRYSON YES GLICK YES 3 Yes, 3 No. Motion failed. Glick: Okay, anymore discussion? Okay, we're voting on the Main Motion then. VOTE: (Main Motion) GOECKE NO NEWBRY YES ERWIN YES 4 Yes, 2 No, Motion passed. ', Glick: Motion passed. Verbatim Ends 5. NEW BUSINESS: -None 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT: -None 8. REPORTS a. City Council NORD YES BRYSON NO GLICK YES Councilman Bannock gave his report based on the June 16, 1999 City Council Agenda. A Board of Adjustment hearing was held regarding the Beaver Loop Partnership. Bannock reported that no new information was provided by those individuals who spoke at the Planning and Zoning meetings on the issue. A decision will be made within 30 days. Planning & Zoning Commission June 23, 1999 Page 9 Item C-1, Ordinance No. 1817-99 was passed. The ordinance will allow an Administrative Exemption for encroachments of up to a total of twelve inches. Item C-2, Ordinance No. 1818-99 failed. This ordinance would have allowed an Administrative Exemption for a reduction of up to a total of twelve inches from the setback requirements. Bannock expressed his disappointment that 1818- 99 did not pass but was pleased that 1817-99 did. $1,782 was approved for additional work on the Cunningham Park project. Council approved a lease to R&J Seafoods who would be taking over the area previously leased by Snug Harbor. The fine for late returns of library books was increased. Bannock thanked Glick and Erwin for attending the City Council meeting and for their input. b. Borough Planning Bryson reported a meeting was held on June 14, 1999. Items A through D were approved. Item E-1 was approved but there would probably be a Motion for Reconsideration. Item F-1 was postponed and all other items were approved. c. Administration Kebschull stated the two individuals who wrote regarding the conditional use permit had voiced concern over the notification. Although they were notified according to Code they felt the timeframe of the notice did not allow them sufficient time to respond or to get together with their neighbors. Kebschull continued, the Code requires that notices be sent by certified mail but after checking with other municipalities and cities, most places do not use certified mail because of the cost and time involved. If this issue was a concern, Kebschull thought eliminating the certified mailing would be a way to expedite the notifications and asked the Commission to give it some thought. Kebschull added, another option would be to extend the mailing time but then it would extend the deadline for people having to apply. Currently an individual has to apply three weeks before the meeting in order to process the permits and meet all the deadlines. 9. PERSONS PRESENT NOT SCHEDULED: None 10. INFORMATION ITEMS: a. "Zoning Bulletin" -May 25, 1999 Planning 8v Zoning Commission June 23, 1999 Page 10 b. City of Kenai 1998 Annual CLG Report c. Ordinance No. 1817-99 d. Ordinance No. 1818-99 11. COMMISSION COMMENTS 8a QUESTIONS: Commissioner Nord expressed concern with the approval of the conditional use permit since it was not amended to include the changes proposed by the applicant. Nord asked since that did not happen if it would go back to the original plan. Discussion took place on whether or not building permits would be required. Kebschull noted they would not be required for the dump station but permits from the water and sewer department would be. Discussion also took place on whether or not a permit was required for the hen house. Kebschull noted the permit requirement would depend on the size of the hen house. If it was larger than 10 x 12 feet a permit would be required. Commissioner Bryson thought the approved conditional use permit would be as originally proposed without the amendments suggested by the applicant. Kebschull stated she was confused with what happened as the original application intended to include a dump station and to raise chickens. Kebschull continued, because a site plan is not being considered and the applicant just provided an idea of what they were proposing, they're not tied to it as long as they stay within the use. Councilman Bannock stated it was his opinion the conditional use permit itself was not site specific, however, the applicant gave indication on record as to where the site is, thus, it was inclusive of the condition since it was part of the record. Bannock continued, the application for the conditional use permit didn't say anything to site location but the minutes did. Nord thought the Commission voted on the main Motion too quickly as she would have amended it by separating the two items; the RV dump site and the hen house. Glick apologized if the item was voted on to quickly. Commissioner Goecke requested staff ask the State Highway Department to consider putting turn arrows in the center lane in front of the Visitor Center. He added, it was a safety issue and indicated that he observed many vehicles not getting into the center lane to turn. Goecke witnessed many near accidents in the area. Goecke expressed concern with the congestion on Fathom Drive. Vehicles and boats are parked on both sides of the street which did not allow two Planning 8~ Zoning Commission June 23, 1999 Page 11 vehicles to safely pass. Goecke also expressed concern for access of emergency equipment and/or vehicles. 12. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Barbara L. Roper, o tract Secretary Planning & honing Commission June 23, 1999 Page 12 j._... CITY OF KENAI ~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ w-anerrab 1IIII~ 1992 June 25, 1999 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 July 14, 1999: PZ99-26--An application for an Encroachment Permit for Front Yard Setbacks for the property described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. 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 99611-7794 prior to July 14, 1999. For more information please contact Marilyn Kebschull or Jack La Shot 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: June 22, 1999 Prepared By: JL/mk Res: PZ99-26 GENERAL INFORMATION Applicant: Donald L. McCloud 405 Haller Street Kenai, AK 9961 1 283-7565 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit -Front Yard Setbacks Lot 4, Block 2, Spruce Grove Subdivision 405 Haller Street 04302016 RS--Suburban Residential Residential Medium Density Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not, authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. An as-built survey dated April 13, 1989 shows an encroachment of 3.6 feet PZ99-26 -Comments Page 2 `~ into the 25-foot front setback. The Kenai Peninsula Borough shows this home was built in 1975. A research of zoning at that time shows there was a 25-foot front setback requirement. Because the setback requirements were in effect when the structure was built, this would not be considered a non-conforming structure as outlined in KMC 14.20.050 City Engineer: Not available to comment. Building Official: No building code requirements would be violated by approving this encroachment. RECOMMENDATIONS Recommend approval. ~ ATTACHMENTS: 1. Resolution No. PZ99-26 2. Application 3. As-built Surveys (1975 & 1989) CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ99-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Donald L. McCloud ADDRESS: 405 Haller Street, Kenai, Alaska LEGAL: Lot 4, Block 2, Spruce Grove Subdivision PARCEL NO: 04302016 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on June 21, 1999 2. This land is on land zoned RS--Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. 13) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on July 14, 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 development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 14`h day of July, 1999. C~ CHAIRMAN: ATTEST ~~ ! ~''-~ ~ ~%~ ~'(~~ ~~~ 1791-1991 CITY OF KENAI "D~.l G~a~cu~,l o~ ,4~~~„ _ _ 210 FIDALGO KENAI, ALA 99 TELEPHONE 283 - 35 C~ FAX 907.283-3 4 /U~~ ~~ ~ ~/ '°~ - . Cn, APPLICATION FOR ENCROACHMENT PERMIT 'NAME / /~ ~~ ~ • P ~ 6l 1'7 STREET' 'ADDRESS ~'"- ~ MAILING ADDRESS ~~--1/,,~yj-' ~ ~ ~~ // LEGAL .DESCRIPTION ~c~i _ l ~ 2 0~ - /~tY,E' ~ ~ ZONING DISTRICT (Circle_ 1) C CC CG RR RR-1 RR-2 (RS~ RS-1 RS-2 RU R IL IH ~ :PHONE ;~ ~,~~ -7~ ~ ~ Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMBER TO INDICATE THAT YOII HAVE READ AND UNDERSTAND THERE CONDITIONS. 1. f~L..-~..-An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~..-~-~-Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. % c_.--•-.A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I O N A L C O M M E N T S /~ Signature of Applicant: ',yL~C -~ ,~_~~~~_~ AS-BUILT SURVEY, LOT 4, BLOCK 2. SPRUCE GROVE SUBDIVISION, Plat K-75-52, K.R.D. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PROPERTY SHOWN AND DESCRIBED HEREON WAS SURVEYED UNDER MY DIRECTION, AND THAT IMP120VEMENTS THEREON ARE LOCATED AS SHOWN. DATE 9 Y-~S ugh Malone. P.L.S. --.~ KENAI Field Inspection rnade 5-16-78. This survey ~ SPUR . . rect.. is presently c or ~ ~ LOCATION MAP ~~~:~~~~/ ~~(~, . Malone, R.L.S. Field Inspection made 3-21-83. This survey is presently correct. ;Malone, R.L.S. N 89p 1025 133.64 /O/•9 I I I I I I 73.3 32.0 p 33' I I I I I x well ~ ~ ~ho~n- bnk ~ nce I I E K 24.2 ~- 21.6 I I I I ' o Jc ~ I I I 3 3 m I w ~~ 4"d.C. 1 I ° ~, A i ~ ~r ~ Sta~,~~JPes ~ I ~ o I a I' 54.2 a+ - p' I ~ f/00/ _ I ~ I p ~ B/BY. - I r~ O I I ~. _ ~~ Z I /045 ~ I Z I -- - -- I~I ig.2 • gravel - drive I I I I i7o# _ '- 26.2 I +~-- x-- ~- 12.9 II.O - - - -- ~ I '....63'~ I /034 N.89°-59'w. /02.7 I /OO .O ~(ossumedJ 33 I I I i\OT°~ The existence and location I ~ of any underground installation I ' was not determined during /03.4 =comparative elevations this survey. .= 5/8"x 18" rebar on lot cor. ~,~-e~.~t~~~ O h~.. ••• t eo• ~. . y~•-" •• ••N aNCS• .N•••i ~ No. ies~-s ' h ~' ~ JULY Zb. 196` ~ c V •. ~ ry(. N • C ~ Jr.'• ;, ',j C~Q% ~. .,,u.'1 ~.- ..~''~'~'~"-t. a Z ~\` `~=~~`l for DESIGNER REALTY. Kenai, Alaska Malone Surveying Box 566, ' Kenai, Alaska 934-C F.B. 20 ~+~-~ 7L1 v i. L_Cl i ._c_ l_r;t :~ Ol C~ '- (133.64 r Gholn Link Fenesron or naorr DroDerty Hnse I I I ' i Lot 4 I 12,987 SF I I - I Q a I I li 1 EM _ ( O IIW C K (I, I I° (133.65 IA/ // VY 1 ~ ~ ~_ i~ I i 33~i i / 0 / o HI ~ 21 24.2 I / I I u I N tv Frame I ° House I , - a, ~ ` z - ~ (.l.t c Q Gar. D/W \ (n 24.2 GM I_.-___ • O I _ \ _ o \ ~ -. 33~ .• ()~= A~..1~''A ~... ~, ..... , \'~ , A~Q LEGEND AND NOTES ®Found official monument. ~. Found 5/8" rebar. Found I/2~~ rebar. O Set I/2 ~~ rebar. ()Indicates Datum of Record. o Well ~ Septic vent ~ Power pole SCALE 1"= 30' PREPARED FOR • VA c/o Beverly Kirchoff 204 Linwood Kenai, AK 99611 AS-BUILT SURVEY I hereby certify Ihot 1 have surveyed the followirlgdescribed proDertY; Lot 4 Block 1'wo Spruce Grove SuUdivision located in the Kenai Recording District, 4laska, and that the improvements situated thereon are within the property lines and do not overlap or encroach on the Droperty lylnq odtacent thereto,ihat no improve- ments on the property lying adjacent thereto encroach on the premisesfn question and that there are no roadways, transmission lines or other vhible easements on saldproperty except os indicated hereon. Dated 4/13/89 ~e ohd Associates, Inc. Registered Land Surveyors EXCLUSION NOTEt It Is the responsibility of the owner to determine the existence of any easements, covenants,or reetrletiont which do not appear on the recorded subdlvltion plat. Under no circumstances should any data hereon De used for construetton or for sstaDlishinq boundry or fence lines. 59-1038 Field Book No. 89-02 CITY OF KE1~A 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283014 '~li~' ,~: AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, ~-~~'1 ~ I~YI C ~ w~ ,hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 (d) on the property that_~c~ ~ ~Titl~- !'1~C` Lf ~L,c r) (Name of Applicant) has petitioned fora ~~- ~~t~(~c/t /~-~ '-~ The notice was posted on CJ t,~ n t o~, ~ , )~j ~~ which is 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 ~3 day of ~l~ VLSt~. 1999. ~- ~~ ~.~ Si nature Q~~~C g Leal Description: / Tract or Lot: ~-f Block: Subdivision: ~ ~Jt ~m ~ _ vv ~.. KPB Parcel No.: ~~4 ~ ~- ~ T~ !I , HECE~VE~ ~23~ ~~N~ n' OF KENAI N - CITY OF KENAI ~ ~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ u~nmer~nah 'III' 1992 June 29, 1999 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 July 14, 1999: PZ99-27--An application for a Conditional Use Permit for aretail/wholesale business (upholstery shop) for the property described as Lots 7 & 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. 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 99611-7794 prior to July 14, 1999. For more information please contact Marilyn Kebschull or Jack La Shot 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 1 STAFF REPORT To: Planning & Zoning Commission Date: June 23, 1999 Prepared By: JL/mk Res: PZ99-27 GENERAL INFORMATION Applicant: Ginger Purcell 2800 Beaver Loop Road #8 Kenai, AK 9961 1 283-2664 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Retail/Wholesale Business Lots 7 & 8, Block 2, Kaknu Korners Subdivision 9199 Kenai Spur Highway 04513014 & 04513015 RS--Suburban Residential Vacant/Garage/Shop Medium Density Residential 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 Plan; 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; 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 Comment -PZ99-27 Page 2 design, operation of the use and other similar aspects related to the proposed use. Applicant has made an offer to purchase these lots contingent upon receiving the Conditional Use Permit. Lot 7 is vacant. Lot 8 has a metal-sided shop building that will be converted to the upholstery shop. In the future, the applicant proposes to add an addition to the structure. Applicant has provided a written description of her plan for the business. (See application.) These lots are accessed by a frontage road (not named) off the Kenai Spur Highway that was paved during the most recent highway construction. Applicant believes there is sufficient parking on the two lots for the type of business she will operate. The applicant has received written permission from the property owner, Wayne Cissell, to apply for this permit. (Copy attached.) Applicant was advised any construction would require a building permit and that the sign would require a sign permit. City Enaineer: Access to the frontage road should be from the Kenai Spur Highway. There is no dedicated access from Tinker Road. Building Official: Parking requirements cannot be determined from application. Parking requirements are 1 /2 per employee, one per company vehicle and one per 500 square feet of floor area. RECOMMENDATIONS The proposed use is allowed as a conditional use in this zone. It appears the applicant has a viable plan to use the existing structure and to clean up the property. Unless adjoining property owners object, recommend approval. ATTACHMENTS: 1. Resolution No. PZ99-27 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ99-27 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: Ginger Purcell USE Retail/Wholesale Business (Upholstery Shop) LOCATED 9199 Kenai Spur Hiahway (Lot 7 & 8, Kaknu Corners Subdivision) KPB Parcel #04513014 & 04513015 (Street Address/Legal Description) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: June 23, 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: July 14, 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 UPHOLSTERY 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, JULY 14, 1999. CHAIRPER ON: ATTEST: '~~ M , ~~ ~ ,. i CITY OF KEN „ c~ ~~~ ~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALI TELEPHONE 907-283-7535 FAX 907-283-3014 CONDITIONAL USE PERMIT APPLICATION Applicant's Nam Business Name: Mailing Address Street Address: - ~ .~ (Where permit will be operated from.) ~ ~ t~ CI ~~'~C~ ~j~~Y- ~,~ y ~ ~ o Legal Description of Property: ~(~ ~' 7 ~ ~ ~~ -~ ~-- ~6 ~` ~, ~~. k: cc r. ~ /.~ Kenai Peninsula Borough Parcel No.: ~~i'--~~:~ ~_ 3 (J J ~ (~ ~,~ ~,~ ~, f ~~ City of Kenai Zoning: ~~5 %U~y )~`-lC~- ~ 1~~ ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, ~O~'. REC_~' ~23~4s ~ ~IIi'• ~»: T~atP• ~v 1 ~~~ J ~ `"l attach a sheet to the application. 1d; ~S a ~o-rz~ ~e Q ~e~; Gt reo` . rt Uavl- ~ e,--~c~ , ~'~in on ~ l~ b~ ~~,~ ~ ~ ~~~s~ ******** The following information must be provided before o~pplication will be considered for processing. Do not submit vour application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: [~ 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 will not be significantly impaired. (~ The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the informy tion provi accurate to the best of my knowledge. Applicant: Date: Attachment: KMC 14.20.150 C:\WPDOCS\FORMS\CONDITIONAL USE PERMIT Application.doc i. ,B~o~ ~ A~~ 1,~ ~ v ~ E ~.I ~~ ~~~ ~/ -~~~ A } i ~~~ ',t~ . - ~~ r== . ,~ -~ ~.=:~ ~~ ::,.;p~ 0 J~f" ~ I /'' e ~ f~, y << ~° ' .t , ~f '~'P ~ ,; f. ~~ .. i ~~ 2710 Set Net Ct. Kenai, Alaska 99611 Date: 6-16-99 one rn. I am the current o er of the roe discribed below.. To whom rt may. c e wn, p p rty 1 for "conditional use ermit" for Lot 7 E I have given my permission to Geiger Purcell to app y a, p , & 8, block two Kaknu Kor~ers Subdivisidn, according to plat K-1146, Kenai Recording district, ~ ~ thrid judicial district, Stag of Alaska. t - Sinc ely> .. __ ..~,H __. _ _ _ Wayne Ci sell ~, ,, ' f t . _. -~ ~ _ _ ,.~ '~ -:''ems t. _. .~ , ~... ~. 4 ~~ C~a~nif~l ~ ~NING I 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ''I~'1 ~++: RECEIVED JUN Z ~ ~ crrY ~~ OF KENAI AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, C hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 (d) on the property that for a v - ~`u"~t--WPM- R CITY OF KE ame of Applicant) has petitioned The notice was posted on ~ ,which is ~.,~~ 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 ~~ day of ~._ ~/, ?' ~~ 1999. Signature Legal Description: Tract or Lot: ~- ©f 5 `~ W Block: ~~ Subdivision: T'S ~ ~Y 1~'1.~-~ /~? ,~,~.,r ..'~,(~ . r KPB Parcel No.: ~ ~ / ,~l .~L~ )1 ~ ~ ~ `-f.5" /.,~ ~~/~ ~~ lV ~~ ti 5 < v v i I ~I DOLLY C ~+~v , . L11 VL, LJI" ~'~c F~ ~~ O,o~,'F'F,~ ~~~ ~ ~ ~~c~ l1~ S~. /~ ~~ ~X VARDEN ST_ REPLA~ I GEM ~K CHURCH A DITI^N /~J N ~,p ° ~ JAMES ST. ~ `P T Cn a~ ~~P ~ UNC ~, <LEY ~- c., x. ~~ AMENDED STAFF REPORT To: Planning & Zoning Commission Date: July 8, 1999 Prepared By: JL/mk 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 Legal Description: Government Lot 1 1 1 Street Address: 202 North Forest Drive KPB Parcel No.: 04312005 Existing Zoning: RS--Suburban Residential Current Land Use: Residential/Greenhouse Land Use Plan: Medium Density Residential ANALYSIS General Information: The public hearing on this application was held on June 23, 1999. At that hearing Mr. Jordan proposed amendments to the original application. The amendments were as follows: 1. Relocate the RV dump station to the north side of the existing flower shop on Forest Drive. The exact location will be determined based on the setback requirement for that area. 2. Move the hen house closer to the center of the property near the back of the new greenhouse. There will be a maximum of 30 chickens allowed on the property. A copy of this information is attached. PZ99-24 Comments -Amended Page 2 At the meeting, the Commission voted to approve the application as submitted without including the amended plans. On June 24th, Commissioner Nord notified administration that she intended to move for reconsideration on this permit at the next Planning Commission meeting. On July 1St, notices of the reconsideration were sent to individuals within the 300-foot radius. On July 2"d, a letter was received from neighboring property owners, Bruce and Valerie Alumbaugh. A copy of that letter is attached. On July 6th, applicants submitted additional information and attachments for the Commission to consider if the application is reconsidered. That information is attached. On the third page of the cover letter the Jordan's provided, third paragraph, information is noted regarding the comments presented in the original staff report. This is in reference to the chickens and the RV dump. This portion of the original staff report was modified during the public hearing. (See page 6 of the minutes.) Basically, it was noted that upon further review that because these uses would be a part of the commercial enterprise that they should be considered as part of the permit. It was noted that the Commission had the option of placing restrictions on any part of the permit, denying any portion of the permit, or approving the permit as submitted. Recommendation: If the Commission moves to reconsider the permit, recommend approval with the proposed amendment to the plan as submitted by the applicant. Attachments: 1. Proposed Amendment 2. Commissioner Nord's Notice of Reconsideration 3. Alumbaugh letter 4. Additional information submitted by applicant 5. Original material in 6/23/99 meeting packet Reconsidered: 7/14/99 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 Shop & Coffee Shop LOCATED 202 North Forest Drive, Government Lot 111 (KPB #04312005) (Street Address/Legal Description) WHEREAS, the Commission finds: 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• Subject to amendments as proposed by applicants. Amendments on back. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on:_J_une 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, JULY 14 , 1999. J CHAIRPERSO r ATTEST: ~.~iC ~~ G ~_ -~ ~ ~~ ~ F ro 3 N ?~ F o N A ~ ~ ~ ••~ .~ O N ro +~ •u •.~ .~ w E -.~ ,., ro o ~ ~ro~ ~ro G O U .~ Q, O O N U v .-•I ~1 v .Ca ~Cf O .~ N •r•I ~ 4~ ~.1 r-I N U r-1 ~ ro ~ W •r•1 ro ~ ~ ~ 0 3 'Ci +~ N N O O v v v i-I H•~ ~.C ~ v ~ v H ro .[ tJ' U ~, N 1~ • N .1..1 ~ O 9 .~ U N .u •.~ x .~..~ N a 'U f~-a U ~ O ~ ~o ro o o ~ ro o ~ ~ .~ a •.~ ~ .,~ ~ S-1 .J.1 N v N ~ v v rovN vv.~ ~ ~ ~ N 1.1 -1-~ ~+ Nov otn o w .~ ~+ a a O+ •N U 3 O 8 ~ v OG BOG cUA'~7 ~+-~ O 'U O N v •~ C2, ~ N 3 N •+•~ ~ O 'L3 O .~ O C: U N N rl ~~ .~ ~~ v o ~s.~ 3~ x~ N ro N O v N U N ~ +~ ~ ~ ~ ro ro +~ ro 4-a •~ .L1 .A U 'Z3 ~ O CT N v v t; v !-~ .-I ~ v ~ -[ U N v v •r•I ~ O d-~ O R, tY. -i-~ N ~ o C1 N 'U i-i M o v •~+ ro s~ N -, X v -. v va a~ ~v.A cv~o ~ ' ,~ J \~~~ -Y~\ v ~i ~~ i __j i i N ,~ f ..~_.... 1 ire-~ ~. ~ =~ ___--~ ~~ 1 6~ ;80 35 ~ PoweY Pole - .I N ~_ t ial ~/ ~ . i ~_ ~ ~ ,... ,- ~:. ~~~,:~.-,..F Exi ~ ti'n' Flower s hoP ~o' ~.. ~> s. i~ ~l.~~ ~ , i ,~ W~~.E I K )I~.i Wit, ~ ~,~rc~- ~~~ ~N , `1' _._..,.~.._.._.~_..._ 1 ~ ~ . . GU/ G`1J 1 JJJ lU• JJ JU t GUGUUUJ ~.,nut~.,G 1-'~il7t Ill BA~- A. Nom 690 Syr~uoR Kemi, AK 9961 t Plate: 183-9618 Fax: 262.6883 or WI I' 283-3690 ~~t r a n s m i t t a I ~; Marilyn fg~ 283-3014 from: Barb Nord ~~; june 24, 1999 re: PZ 99-24 pages• 1 NOTES: Marilyn, I would like to inform you that I will be asking for reconsideration on the action that PAZ took Iasi night on PZ99-24. Sincerely, _. Barbara A. Nord P&Z Commissioner CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~n~.cnr ~III'~ 1992 July 1, 1999 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The Planning and Zoning Commission held a public hearing on the following application at their meeting on June 23, 1999. At that meeting, the application was approved as submitted. Due to notice of reconsideration by a Commissioner, this notice is being sent to advise interested parties that the Commission may vote to reconsider this application at their meeting on July 14, 1999. PZ99-24--An application for a Conditional Use Permit for a Greenhouse, Gift Shop and 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. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. 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 99611-7794 prior to July 14, 1999. For more information please contact Marilyn Kebschull or Jack La Shot 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 Bruce V. Alumbaugh Valerie J. Alumbaugh 214 Forest Drive North R~C Kenai, AK 99611 ~~~, "~ July 2, 1999 ;~ .~~j,, City of Kenai Planning and Zoning Commission 210 Fidalgo Ave. Suite 200 Kenai, AK 99611-7794 RE: Conditional Use Permit PZ99-24 We have been notified that Commissioner Nord will be moving to reconsider the action on Conditional Use Permit PZ99-24 at the next Planning Commission Meeting on July 14, 1999. We request that you consider the following pertinent information during this meeting. After learning more about the size and scope of the proposed chicken coop, my wife and I have some serious objections. While there are no residential restrictions to raising chickens on the property, the chickens are planned to be part of the commercial use and appear to fall into a different category. Our main objection to the commercial use of chickens on the property is the fact that my wife is highly allergic to all forms of poultry and poultry products. Her living conditions would become intolerable. Her situation would be severely aggravated during the summer months when the prevailing winds are out of the south and our residence is on the north edge of the property. We are also concerned with the fairly large vegetable and herb garden planned and how much of the organic fertilizer planned to be used has chicken manure. This will also affect her health and welfare. I hope that you will reconsider the Conditional Use Permit and make the changes necessary for us to continue to live where we are now. If you feel medical proof is necessary when you make this decision, we will happily go through a local doctor to provide any documentation needed. If there are any questions concerning this, please contact us and we will be glad to answer them. Sincerely, /~ l~ ~ (' (~~'1 q ~yy LV~l.ti 1~.~ ~' .C.LIAYIiILI. i Bruce V. Alumbaugh Valerie J. Alumbaugh RECEIVED ~ July 6, 1999 Jt~ _ 6 ~ P~ANNIN(', DEPARTMENT To: Kenai Planning and Zoning Commission This packet of information is for the purpose of clearing up any confusion as to our intent to .own a greenhouse and gift shop on the current Nu S#ate property, located at 202 N. Forest Drive. We have been working on purchasing this property since May and our purchase agreement is contingent upon the approval of the whole conditional use permit, as submitted to the City of Kenai June 3, 1999. We are under a time limit to remodel and landscape before the snow flies and feel time is of the essence, hoping this matter can be resolved as quickly as possible. After some concern displayed by two neighbors, Mr. Struempler and Mr. Bookey, we met on Tuesday, June 22, for a neighborhood meeting. At this meeting, all concerns they had regarding the chickens and the RV dump were cleared up. Specifically, we put our heads together and came up with a feasible plan. This was the amendment submitted by Porter Jordan at the planning and zoning hearing on June 23. We requested to move the hen-house to a more central area on the property. The lot size is 2.12 acres and we believe this is more than adequate far the requested limit of 30 chickens. After the smell issue was brought up as one of the concerns of a few of the commissioners, we contacted a number of farmers from the PalmerlWasilla area.(Joslyn Hendricks (907) 892-0779, Annalee Owens (907) 373-5601, Phyllis Owens (907) 373-4674) They were unanimous in their professional opinion, that smell from that few chickens could become a problem, only if regular cleaning of the hen-house area was not performed. Cleaning will be performed on a regular basis, and in their professional opinion, there should not be any smell at all. To reiterate the purpose of having chickens; we need chickens for the organic fertilizer they will provide for the organic vegetables we plan on growing. We voluntarily agreed on this limit as the neighbors stated they did not have a problem with our plans after meeting us; for future concerns, if we sold the property, this limit would be a safeguard. I also intend to sell fresh eggs as this ties in with the farmer's market theme. Please see Attachment A for the intended style of hen-house. My intent is not to have any roosters as they are most often noisy and belligerent. In addressing the dump station, we formulated a plan to ~ move it closer to Forest Drive, specifically the north side of the building. We plan to have a tree buffer between the RV dump and neighboring properties, allowing for at least 100 feet of space between them. I would like to state that my husband and I do not plan on running a "Ma and Pa Kettle" operation. Our intent is to have a show-place greenhouse and Alaskan display .garden. Our farmer's market style business will engender economic prosperity, promoting the Kenai business community; giant cabbage and peas can grow on our peninsula just as well as in the Mat-Su Valley. One of our goals is to pull customers into Kenai from the surrounding peninsula communities rather than push them away to our larger cities to the north. This is one of the reasons we are requesting an RV dump; as a convenience to our visitors. Based on my five years of research regarding this operation, the International Herb Association (tHA) has a tremendous amount of travelling associates. I would like to offer Kenai and our business as an herb convention area. These members spend lots of money travelling and researching other herb garden businesses. Please see Attachment B for intended RV dump station style. After researching different types and styles of RV dump stations, it is our intent to fashion our station based on the enclosed photographs. The catch-basin design and self-closing lid prevents any smells whatsoever from escaping the sewer system. nny husband and I have always kept our properties neat and tidy. We will diligently keep the hen-house and dump station clean as part of our daily maintenance. From a business standpoint, it would make little sense to maintain a messy, smelly operation. We certainly do not want to run off potential customers. This property is officially zoned suburban residential. As per Land Use Table 3, farminglgardening and general agriculture is the principal permitted use. Greenhouses and nurseries require conditional use permits for which we are applying. For clarification, please see Attachment C. The City of Kenai Staff Report states, (re: chickens) "The City does not have a livestock ordinance and no special permission would be required (re: rv dump) "Because [weJ are offering this as a convenience and do not plan to provide overnight parking for these vehicles, no special use permit would be required." (City of Kenai Staff Report, Attachment D). 1n conclusion, we have satisfied the criteria for a conditional use permit. We do not propose anything detrimental to public safety, health, or welfare. Public facilities wilt be adequate. The value of adjacent properties will most likely increase. The use of the property is consistent with its purpose. Previous objections to the conditional use permit were later rescinded at the June 23 Zoning Hearing. We are excited to have this opportunity to invest in the Kenai community. Quite frankly, we are willing to put everything we own on the table for this project; it is our hope that the City of Kenai would give us this opportunity to stimulate and support the 4ocal economy. Sincerely, ~~~ ~ ~~ Porter & Susan Jordan 8950 Greenbelt Drive Anchorage, Alaska 99502 (907) 243-5273 ~~acNu~~en~ f~ .. ~~ ~~ . -_ ~; . __~ ~'~ 1 ~. ~~-_ ~~ ~y ~ ~ ~-~c=h n~.n~ C LAND USE TABLE ~ KEY: P =Principal Permitted Use NOTE: Reference footnotes o: C =Conditional Use following pages for addition ~~ S =Secondary Use Table 3 of 3 restnctions ~,. - N =Not Permitted ZONING DISTRICTS LAND USES C RR RRl RS RSl RS2 RU CC CG II. IH R TSH 1~IISCELLANEOUS Animal Boarding " C C C C C N N C C C C C N Bed & Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C C C Crematories N C N C N N C C C C C C C Day Caze Centers 'Z C C C C C C C C C C C C C Dormitories/ Boazding Houses C C C C C C P S` S C P C C Essential Services P P P P P P P P P P P P P Farming/Gazdenmg/ General Agriculture P P P P P P P P P P C P P Greenhouses/Tree Nurseries " C C C C ` C C C P P P C C C Assemblages " (Large: Circuses, Fairs, etc.l C C C C C C C pis pis pis pis C P Lodges/Fraternal Organizations N C C C C C C P P P C C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C Pazking, Off-Street P P P P P P P P P P P P P Pazking, Public ~u C C C C C C C C C C C C C Private Clubs N C C C C C C P P C C S C Radio/'TV Transmitters/ Cell Sites P P C C C C C P P P P C C Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Ext- racoon of Natural Resources is C C C C C C C C C C C C N Surface Extraction of Natural Resources " C C C C N N C C C C C C N Union Halls N C C C C C C P P P C C C Title 14 - 68 CITY OF KEN: PZ99-24 Comments ~~~ ~ 1 1 ti-+n~ ~ 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 Conditional 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- s 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 for these vehicles, no special use permit would be required. Citv 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 landscape/site plan be required before construction begins to assure that site has adequate parking, STAFF REPORT To: Planning & Zoning Commission Date: June 4, 1999 Prepared By: JL/mk 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 Legal Description: Government Lot 1 1 1 Street Address: 202 North Forest Drive KPB Parcel No.: 04312005 Existing Zoning: RS--Suburban Residential Current Land Use: Residential/Greenhouse 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 Plan; 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 Comments 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 Conditional 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 for 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 landscape/site plan be ~ required before construction begins to assure that site has adequate parking, PZ99-24 Comments snow removal areas, etc. requirement. ATTACHMENTS: Page 3 Recommend approval with landscape/site plan 1. Resolution No. PZ99-24 2. Application 3. Drawings 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 Shop & Coffee Shop LOCATED 202 North Forest Drive, Government Lot 111 IKPB #04312005) (Street Address/Legal Description- WHEREAS, the Commission finds: 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: ~i~~;= ~ ' \„. , f.. ~-,, "~~~ /~N ` _" CITY OF K ,.~,,~ ~~ %s-~ '- Gil ~'~~l ~ r4 ~"N~ °F`• ~ F qE 210 FIDALGO AVE., SUITE 200 KENAi, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~! ~..bw ,III~I ~+~: CONDITIONAL USE PERMIT APPLICATION Date: ~~ l~R c= ~ ~ --~---- Applicant's Name: Cf'i ~=f~ F .•~c~'.S;-aN ~/L'r'~'%)f~/L' Business Name: / ~~= << ,t-~` ~) /7~=/: %; ~' -~f; ~c~%i;` ~ ~/i-~'~ C Mailing Address: -r-'-C`.~ /~ ~ C%~ ~: S'T 1~~: l~~/l.:~% ~°~/~ ~~,~. j/ Street Address: _ ~~'..Cl /'~-', ~~ /:E.~~ j ,~if', /~C~I.!~/~~ 7 j'~ / (Where permit will be operated from.) Legal Description of Property: / C'~/1.//c' /% L-C~'~` .j % C-~~CL ~ / ~•C%~ J// Kenai Peninsula Borough Parcel No.: Cj~f ~ "' /~~ '~ (}5 1~~=~`' City of Kenai Zoning: ,S"G~ ~ c~. /~ i3-~~% /~'C.S~'/ ~ ~/`,%r `%~~L_ ************* Provide a detailed description of the proposed use. If the space provided is not Buff cient, attach a sheet to the application. ******** The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. Lam" 1 am not the legal owner of the property; however, I 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 property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: (]~~ 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 will not be significantly impaired. ~he proposed use is in harmony with the Comprehensive Plan. ~ublic services and facilities are adequate to serve the proposed use. ~he proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: y_ Date: ~~~~ '-L~/--~ ~~ 1 Attachment: KMC 14.20.150 ~~c~i Letter of Authorization 1, 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, Afaska. I have reviewed al! 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. If anyone should have any questions regarding this letter of authorization, please give me a call at 283-7742. Sincerely, ,, ~~~ ".~ John Bannock REG~`v~p \ ~_u~ CITY OF KENAI rr Vu ~~i~~:t~G(~`'~ b~ ril~~`'4'Iu rr 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~I~ ini AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, ~' C% h VI ~ ~ 1 a ~ ~ ~ c.k ,hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 (d) on the property that /~/T , ~' ~~~~ s , r~~ ~ ~ ~ i~t (Name of Applicant) has petitioned •. ~ fora _~Fi ~(c~ i ~i [_Y-vr cx f ~ ~ S CJ t? ~c^ ~r~ ~ 7`' The notice was posted on ~J r,-C~YI ~~ . ~ ,which is ,~ ~' .~' ~ :.., 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 :J t,:.vr ~ ,3day of Legal Description: Tract or Lot: C~~. ~ ~.-t->~ 1 1 1 Block: Subdivision: KPB Parcel No.: ~ '-I ~3 I ~ z?u~`.~ 1999. ~- ~ y I C 1 Z~~~~ Signature ~r ~ ~ ~ ~~~~~ ~~~I,., r ~ , ~, J ~ ~~ ,~~ r1 ~yl~~~~h (~~r.:,~~ ~~~~u Fireweed Herb Garden & Gifts tt 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, so we need authorization to sell food. Included in this plan would be a small coffee counter, enclosed in the current store. 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. I 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 porch connecting to the greenhouse area. In one 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 love to offer field trips to the local 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. My 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 f 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. Sincerely, Susan Jordan ~~~~~rL~ r~a~ ~ yG Existing ~$' Gv~ee n hogs es ~fo' Ca,,,c.re7e. /00,7 Cel~a~ b~/ow. 3 8' ~. i 80' Full E3o.se-~+enC grnve~ /iZ ~yd IVOY Gi05~ ~... ~5~....---i Exist'in' Fu iI ~ 66~sa.vN e.H f Flower' t~i4tin9 Shoe -~~ _ --zo'- Warehouse. - m New y!p'x~10' fix' .,-~.--- zN , ,--- o~d~wer 35~ Power Pole ---------~- --- .I N Z s ~:_ /30 i ~ ~~ a"- ~.~ ~i _ ~ ~ ---~ _T I 7 ~^~ i I /" !-' T N~.v,j Paa~~~ V W ~-- ~ -~ A~ ~~ `~i , .~ r~ 4- Q3so~.o~- ~. K~ ~ lDv~~ GAK~ IkR~R -„___ .- ~. _ ,l-,b ~l. ~~~I H E-~ i3 .,"~4.~~~1,~ ~ L L ~ ~_ ~°o - ~ -- _~- 6X~T h w z N a .Q V ~ J Q w .h ._.. ___-. __. _.._..._._-. I ` `^ I ~U ~~ l H~-~. ~-' I Existi'n - ,i 0'1 . • r.q,.~~ :C F t: NCC a , ~i Q ~~ ho w ~xIT .~ S P ~o- wA~~iwu~ ---- - K 9~' ~ ENli~t.~~~t.~ .~~..-- pAta ~c_-NG ~, _ _ ~~ T ~ Drzlvrw~ Y 35'~ Power Pole - - -. - - ---- -- -- - - -- - ~---- --n N ~"~ Ave ~.~~__~in-P ~,T ~ Z Q Q ~I I ~ rn • ~ • W '.d 0 0 ~ . v J F- J J ~r1N~ ~~^ ~I ~ ~ co ~ ~ZS ZZl~ ~~ v"r Y~I I 'W ^ Q H = _ ~ o W ~ ~~ za Z ~. ~ z a A W ~ I ~"{ ~ u ~ O ~ -~N LCD .--1 ~ L L rl a F ~ ~ ~ o W ~ c~ ' ^ Y r ~ i a N ~' ~d N 1~ I Q~ n~ ~ x ~-, w Struempler Plumbing Co. 1409 2ND AVE. - KENAI, ALASKA 99611 June 17, 1999 Re: Proposed Conditional Use Permit Resolution #PZ99-24 ___ City of Kenai RECEIVE( 210 Fidalgo Ave. Suite 200 Kenai, AK 99611-7794 ~ r $ ~ Attention: Planning and Zoning Commission To Whom It May Concern: This letter is to respectfully request atwo-week delay of your consideration of the Conditional Use Permit on the property located at 202 North Forest Drive. received my notification on June 15, and I do not feel that this is sufficient time to contact all of those 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 for 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; !fee! that the study should be expanded to consider their business relationship. Once this has been addressed, then the Conditional Use Permit must include these items. Thank you, ~~ Keith H. Struempler Struempler Plumbing Co LS JUN 18 '99 07:39 AM I •luni: 18, 1999 J.C. BOOKEy ,Iflll lic)c.)lErv ~1I 1tE'•llill;, /11ack~l ~1~1!i I ! 9072834013 Poge 1 ~a- ECEiVEa C'ily oi'Kcnai 1'lanrtirt~; & ;l.t-nin}~, ("ctttunission ('hairfrlcn an(1 ('pr111111NSf(lil MCnlh4rti IZ(':. C:otiditiorlttl Usc• 1'~~rrnit f'%~J~~-?~I ,~N 18 l.9A19 At this lints: 1 wc)uld like tc, ttsk (i)r cl delay vn flit' cit'c1~IC))) ;1i~a!)<,ti'e .~ctton ttll ~~our next schedule i tnecting of July 9,. 1d1J~1. ~ r~,ceived nciticc. of this item by ce.rt.ili~~d mail on,lunE. 1(,, 1~)9c) with vtlu:r' csl,ibliShed c.~ttml~itmc.nls this will not alltnt~ rnvsrlt't-1• t)thCr tt~ (~ivc. this BetiC>n the:. proi~:r ~ittc.ntic~n. 'Phis (111' was discussed with -nc h~~ M1. fianru,l,k sewer+I mcinths ~I~{c) ~mt1 wtis hraha~~ated ac a rUllcwc r oi`~rr;indtlther ri~~hts.. but ,)ttel si'c•in`~ ~thl)Itc;~tion this do~.s not stern tc~ he the. canc. With major ehan~cs tc~ this arcndtj the cliert< <:rrc:~ ,-c-r~• real anti eot.tld hG~ c.ost.ly tai the whale- forest I}rit~r~ <lrc'~~. 13y the nlta~tint~ ot',iul}~ ~-rh 1 ;uld r.)thc°rti ll`Ill 1)t' ~hle to ~re~sent our case tln this issue in an acrc~lliahlc rnrtnnci. ltt;~at~.cl liil I~:.,~ r'" J ~ j ~ // a••... ,JJ ~irn I~vakey 11 i ~~l AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 7, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us 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 minutes) ITEM C: PUBLIC HEARINGS Q~~~~ 1. Ordinance No. 1832-99 -- Increasing Estimated Revenues and /R' Appropriations by $55,000 for Preliminary Design Work on the Kenai Coastal Trail. ~~d 2. Ordinance No. 1833-99 -- Extending the Term for Investment ~' Maturities from Two Years to Five Years and Changing Liquidity Requirements. ~~~~~ 3. Resolution No. 99-42 -- Awarding a Janitorial Contract for the Kenai ~. Municipal Airport to Todaly Unlimited for the Period July 1, 1999 Through June 30, 2000. 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 -1- b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *June 16, 1999 Board of Adjustment Hearing Minutes. 2. *June 16, 1999 Council Meeting Minutes ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ~~ ~~~ 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Lease of Ticket Counter Space and Airline Office/Kenai Municipal Airport Terminal -- Yute Air. 4. Approval -- Change Order No. 1 /Automated Flight Service Station/Blazy Construction - $8,402 5. Discussioa -- Potential Training for 16 U.S. Coast Guard Ship Crews -- Possible Resolution and Letter of Support. 6. Discussion -- Daubenspeck Property Use Possibilities 7. Discussioa -- Painting of Concrete Pillars/South Spruce Street Parking Lot. ~~~~;~h~~ 8. Discussioa -- Alaska Travel Industry Association Membership ~pr' 9. Discussion -- Proposed Management/ Operation Agreement for the /~i^O~e~ ,~~ Kenai Multi-Purpose Facility. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk -2- 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K• ADJOURNMENT -3- KENAI PENINSULA BOROUGH PLAT COMMITTEE .. . SOLDOTNA CITY COUNCIL CHAMBERS ~ 177 .NORTH BIRCH STREET SOLDOTNA, ALASKA < ~ ~~ 2 July 12, 1999 5:30 P.M. ~c ~ ~ o , o ~~~ ~ Tentative Agenda ~~=w ~~ A. CALL TO ORDER ~~~ Members: B. ROLL CALL Robert Clutts Anchor Point Term Expires 2001 C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Leroy Gannaway Homer City Term Expires 2001 1. Agenda John Hammelman Areawide 2. Member/Alternate Excused Absences Term Expires 1999 Ann Whitmore-Painter a. Brent Johnson Moose Pass Area Term Expires 2000 3. Minutes ALTERNATES: a. June 28, 1999 Brent Johnson Kasilof Area Term Expires 2000 D. CONSIDERATION OF PLATS Jim Skogstad Hope 1. Brittel S/D 1999 Addition; Scout Lake Loop Term Expires 2001 Preliminary; McLane Consulting Group/Chumley KPB File 99-100 2. Pease S/D Red Rock Addition Waterman Road, northeast of Homer Preliminary; Roger Imhoff/Higbee KPB Fiie 99-101 3. City of Homer Port Industrial No. 4 Homer City, Horner Spit; Preliminary Roger Imhoff/City of Homer KPB File 99-080 4. Alfred Hermansen S/D No. 2 between Cohoe Road and Kasilof River; Preliminary Johnson Surveying/Hermansen KPB File 99-102 ~~ ~~ ~ .,~~ i .: ~~.,. f ~, ~- 5. Baron Park Doyle Addition Kenai City, Marathon Road Preliminary; Swan Surveying/Aase KPB File 99-103 6. Jake Estates Silver Fox Addition Kenai River, northeast of Poppy Lane Preliminary; Swan Surveying/Hunt KPB File 99-104 7. Northern Solitude S/D south of Ninilchik River; Revised. Preliminary Segesser Surveys/Oskolkoff KPB File 98-214 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is July 26, 1999 at 5:30 p.m. in the Planning Department (top floor), Borough Administration Building, 144 North Binkley, Soldotna. z KENAI PENINSULA BOROUGH PLANNING COMMISSIO SOLDOTNA CITY COUNCIL CHAMBERS ~~ 177 NORTH BIRCH STREET C'~ c% ~~ SOLDOTNA, ALASKA `~ ~ A . ~.1 ~ ~~~ ~9 ~~ July 12, 1999 7:30 P.M. ~,,,, ~ /~ ~.. ;' a^'fr Tentative Agenda '~E_4;`~. ,'i Ar A. CALL TO ORDER ~`°.'~>• ' ~ John Hammelman B. ROLL CALL Chairman Areawide Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA Philip Bryson Vice Chairman Kenai City All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will Term Expires 2001 be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed ti•om the consent agenda and Ann Whitmore-Painter considered in its normal sequence on the regular agenda. Parliamentarian Moose Pass Area If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please Term Expites 2000 advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. Peggy G. Boscacci PC Member Seldovia City 1. Time Extension Requests -None Tenn Expires 2000 Wayne Carpenter 2. Plats Granted Administrative Approval PC Member Seward City Term Expires 1999 3 . Plats Granted Approval Under 20, 04.070 -None Robert Clutts PC Member 4. Plat Amendment Requests -None Anchor Point Temr Expires 2001 5. Coastal Management Program Wes Coleman PC Member soldotna city T a. Coastal Management Program Consistency Reviews -None erm Expires 1999 Leroy Gannaway b. Conclusive Consistency Determinations Received from PC Member Homer City DGC Term Expires 2001 Ellis Hensley, Jr. C. AdminlstratlVe Determinatlons PC Member Nikiski Term Expires 1999 6. KPBPC Resolutions -None Brent Johnson PC Member 7. Commissioner Excused Absences Kasilof Area Term Expires 2000 a. Phil Bryson Jim 3kogstad PC Member Hope b. Peggy Boscacci Term Expires 2001 c. Brent Johnson 8. Minutes a. June 28, 1999 Plat Committee Minutes b. June 28, 1999 Planning Commission Minutes D. PUBLIC COMNIENT/1'RESENTATIONS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Public Hearing; Vacate 30 feet of the 68 foot width of Ice Dock Road dedicated by filing of City of Homer Port Industrial Subdivision No 3 as Plat 90-52 in the Homer Recording District. Portion ofright-of--way petitioned to be vacated is adjacent to Lot 12-A3 of said subdivision. Being within Section 1, Township 7 South, Range 13 West, Seward Meridian, Alaska. Located on Homer Spit; KPB File 99-080; carried forward from June 14, 1999 2. Assembly Remand to the Commission Sunrise View S/D Location: Seward Highway; Cooper Landing KPB File 98-225; Carried forward from June 28, 1999 3. An Ordinance Providing that Appeals from Denials from Vacation Petitions Shall be Heard by the Board of Adjustment Instead of the Assembly; Carried forward from June 28, 1999 4. An Ordinance Amending KPB 20.28.110 and KPB 21.20.230 Clarifying the Circumstances under which the Assembly May Remand Appeals of Denied Vacation Petitions to the Planning Commission; Carried forward from June 28, 1999 5. An Ordinance Amending KPB 20.28.110 to Require all Appeals from Denied Vacation Petitions to Proceed to Court; Carried forward from June 28, 1999 F. PUBLIC HEARINGS 1. Proposed Street Renaming a. Foster Avenue to Bubba's Avenue; Lakeside Subdivision No. 2 and Forest Hills Lookout Subdivision, off Forest Lane Road z b. Avenue A to Karluk Avenue; Mariners Watch Subdivision Part 1, Kingswood Estates Subdivision, Nicholas Subdivision, Doyle Estates Subdivision 3rd Addition, North 40 Estate No. 2, Kalifonsky Beach Industrial Park; Kalifornsky Beach Road, Milepost 12.8 c. Martin Drive and Grant Avenue to Diamond M Ranch Road; Carrol Martin Subdivision No. 2, between Bridge Access Road and Ciechanski Road 2. Proposed Increased Speed Limit; Seward Highway, Milepost 39 (Devils Pass Trailhead) and Milepost 99 (north of Bird Point); State Department of Transportation G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Time Extension Request; Trapper Lake Tracts No. 2 Location: Trapper Lake/Cohoe Loop KPB File 97-110 (Requested by Johnson Surveying) 2. Appeal of June 14, 1999 Plat Committee Decision; V.A. Edington Green Acres Addition, off East End Road; KPB File 99-085 I. CONSIDERATION OF PLATS 1. Seven plats are scheduled to be reviewed by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Counter Permit for a Sand, Gravel, or Material Site; Homer; Calkins 2. Prior Existing Use for a Sand Gravel or Material Site Determination; near Anchor Point; Symens 3. Prior Existing Use for a Sand Gravel or Material Site Determination; near Anchor Point; Symens M. ASSEMBLY COMMENTS 3 N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 2. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat) and a portion lying within the S'/2 of Section 25, TSN, R3 W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, 1998. Postponed until brought back to the Commission by staff. 3. Public Hearing; Ordinance 99-O1 Enacting Chapter 21.30 Providing for the Creation of a Residential Subdivision District Regulating Commercial and Industrial Uses Composed of All Residential Subdivision Districts in the Borough Outside of Home Rule and First Class Cities; carried forward from January 11, 1999 and February 22, 1999 Postponed until brought back to the Commission by staff. 4. Public Hearing; Ordinance 99-02 Re-enacting Definitions in Individual Chapters of Title 21 and Adopting a Single Chapter of Uniform Definitions for Title 21; carried forward from January 11, 1999 and February 22, 1999. Postponed until brought back to the Commission by staff. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet at 5:30 p.m. on July 12, 1999 in the Soldotna City Council Chambers, 177 North Birch, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is July 26, 1999 at 5:30 p.m., Planning Department (top floor), Borough Administration Building, 144 North Binkley Street, Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is July 26, 1999 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIltED PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept OTHER MEETINGS Funny River Advisory Planning Commission July 6 Anchor Point Advisory Planning Commission July 13 Cooper Landing Advisory Planning Commission July 21 KENAI PENINSULA BOROUGH PLAT COMMITTEE PLANNING DEPARTMENT BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA, ALASKA June 28, 1999 5:30 P.M. Tentative Agenda REC~~~Ep -.._ JUN 2 4 '_I.ANNir~ ~F KEN,41 A. CALL TO ORDER Members: Philip Bryson B. ROLL CALL Kenai City Term Expires 2001 C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND Brent Johnson MINUTES Kasilof Area Term Expires 2000 1. Agenda Jim Skogstad Hope Term Expires 2001 2. Member/Alternate Excused Absences Ann Whitmore-Painter Moose Pass Area a. No excused absences requested. Term Expires 2000 3. Minutes ALTERNATES: Robert Clutts a. June 14, 1999 Anchor Point Term Expires 2001 D. CONSIDERATION OF PLATS Leroy Gannaway Homer City Term Expires 2001 1. Virginia Lynn S/D Unit 5; Homer City Preliminary; Roger Imhoff/St.Jean KPB File 99-093 2. Warren Bluff S/D; North Kenai Road [Name to change by addition of part number or addition] Preliminary; Swan Surveying/Warren KPB File 99-094 3. Cook Inlet Shores Phase Two; Cannery Road Preliminary; Swan Surveying/Salamatof Native Assoc. KPB File 99-095 4. Edwards Descendants Estates Cooper Avenue, Caribou Hills Preliminary; Johnson Surveying/Jackinsky r KPB File 99-096 5. Questa Woods S/D Southern Addition No. 2; north of Seward; Preliminary Johnson Surveying/Woods KPB File 99-097 °~ 6. Reuben Call Homestead S/D 1999 Addition north of Diamond Creek; Preliminary Mullikin Surveys/Gill KPB File 99-098 7. Summerset Acres 1999 Replat; Rachel Road Preliminary; Mullikin Surveys/Beck KPB File 99-099 8. Shaginoff S/D; Kenai City Preliminary; Whitford Surveying/Benton KPB File 99-011 9. Camelot by the Sea S/D Vandenburg Replat north of Seward; Preliminary Integrity Surveys/Vandeburg KPB File 99-100 10. Van Ryzin S/D; south of Scout Lake Preliminary; Integrity Surveys/Van Ryzin KPB File 99-066 11. Fairview Resub No. 14; Homer City Preliminary; Ability Surveys KPB FILE 99-091 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is July 12, 1999 at 5:30 p.m. in the Soldotna City Council Chambers, 177 North Birch Street, Soldotna. z KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ASSEMBLY CHA1VfBERS 144 NORTH BINKLEY SOLDOTNA, ALASKA /'-- June 28, 1999 7:30 P.M. Tentative Agenda John Hammelman Chairman Areawide Term Expires 1999 Philip Bryson Vice Chairman Kenai City Term Expires 2001 Anrr Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 2000 Peggy G. Boscacci PC Member Seldovia City Term Expires 2000 i Wayne Carpenter PC Member Seward City Term Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 2001 Wes Coleman PC Member Soldotna City Term Expires 1999 Leroy Gannaway PC Member Homer City Term Expires 2001 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1999 Brent Johnson PC Member Kasilof Area Term Expires 2000 Jim Skogstad ~ PC Member Hope Term Expires 2001 A. CALL TO ORDER B. ROLL CALL ~?``"~~~ '.'^~ ~I 2 4 X999 OF OF C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda aze considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion ofthese items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regulaz agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Soldotna; Salamatof Visitor Facilities; U.S. Fish and Wildlife Service; AK9905-37AA b. Conclusive Consistency Determinations Received from DGC -None c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. No excused absences requested. 1 8. Minutes a. June 14, 1999 Plat Committee Minutes ~, b. June 14, 1999 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) " E. UNFINISHED BUSINESS 1. Notice of Reconsideration of June 14, 1999 Decision; Notice given by Commissioner Clutts; Vacate the full width of the 33 foot wide roadway and utility easement as shown on the plat of Marysville Too (Plat 86-93 Homer Recording District); and, further described in the federal patent. Said easement, within the westerly 33 feet of Marysville Too Subdivision is located within Section 4, Township 5 South, Range 15 West, Seward Meridian, Alaska; KPB File 98- 250; Carried forward from 12/14/98; 1/26/99, 3/22/99, & 5/24/99 2. Naming an Unnamed Private Road to Taxidermy Road; within Section 32, TSS, R14W, S.M., unnamed road is located 1,700 feet west of the intersection of the Old Sterling Highway and the Sterling Highway, south of Anchor Point; KPBPC Resolution SN 99-02; carried forward from 1/26/99 3. A Resolution Providing for the Nomination of Certain Land for Conveyance from the State of Alaska to the Borough Pursuant to the Municipal Entitlement Act; first reviewed 5/10/99 F. PUBLIC HEARINGS 1. Vacate 50' public access easement within the easterly 50' of Gov't Lot 7; AND, Vac. The northerly 25 ` of the 50' public access easement within the southerly 50' of said Gov't Lot 7; within Section 10, Township 5 North, Range 10 West, Seward Meridian, Alaska; located on the east side of East Mackey Lake; KPB File 99- 075 2. Permit Application for a Sand, Gravel or Material Site; Alaska Native Resource Consultants; Location: Tract 2, Anglers Crest Subdivision, off Deep Creek Road, Ninilchik G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None z H. SPECIAL CONSIDERATIONS 1. Assembly Remand to the Commission Sunrise View S/D Location: Seward Highway; Cooper Landing KPB File 98-225 2. Appeal of Plat Committee May 10, 1999 Decision; Anchor River S/D No. 2 Location: Eason Drive and Anchor River KPB File 99-061 [Ability SurveysBates] 3, Exception to Building Setback Limit; Northern Enterprises Location: Davis Street between Homer and Kachemak City limits KPB File 99-062 [Ability Surveys/Moore et al] 4. Time Extension a. Waugh Subdivision Location: Sterling Highway north of Anchor River KPB File 96-023 [Seabright SurveyingBrowning Timber Alaska] b. Gerber Subdivision Location: Robinson Loop KPB File 96-136 [Terry Eastham/Gerber] 5. Plat Waiver Applications a. Machen, Jewel R.; Location: North Kenai; north of Holt Road; Sec 27, T7N, R12W, S.M., Alaska; KPBPC Resolution 99-28; KPB 99-092 6. Street name approval; Tulin Terrace West Terrace Addition; Homer area; KPB File 98-056 [Ability/Tulin]; Only street names will be addressed in this action. I. CONSIDERATION OF PLATS 1. Eleven plats are scheduled to be reviewed by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS 1. Dewatered Bar Exemption for a Sand, Gravel, or Material Site 3 Operating Within the Confines of Fourth of July Creek, Resurrection, River, and Jap Creek 2. Prior Existing Use for a Sand Gravel or Material Site Determination; near Sterling; Holland Prior Existing Use for a Sand Gravel or Material Site Determination; near Sterling; Holland 4. Prior Existing Use for a Sand Gravel or Material Site Determination; near Nikiski; Toloff 5. An Ordinance Providing that Appeals from Denials from Vacation Petitions Shall be Heard by the Board of Adjustment Instead of the Assembly 6. An Ordinance Amending KPB 20.28.110 and KPB 21.20.230 Clarifying the Circumstances under which the Assembly May Remand Appeals of Denied Vacation Petitions to the Planning Commission 7. An Ordinance Amending KPB 20.28.110 to Require all Appeals from Denied Vacation Petitions to Proceed to Court Choose New Plat Committee. New members will serve July, August, and September 1999. M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 2. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat) and a portion lying within the S'/z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, 1998. Postponed until brought back to the Commission by staff. Public Hearing; Ordinance 99-01 Enacting Chapter 21.30 Providing for the Creation of a Residential Subdivision District Regulating Commercial and Industrial Uses Composed of All Residential Subdivision Districts in the Borough Outside of Home Rule and First Class Cities; carried forward from January 11, 1999 and February 22, 1999 Postponed until brought back to the Commission by staff: 4. Public Hearing; Ordinance 99-02 Re-enacting Definitions in Individual Chapters of Title 21 and Adopting a Single Chapter of Uniform Definitions for Title 21; carried forward from January 1 1, 1999 and February 22, 1999. Postponed until brought back to the Commission by stafl: Public Hearing; Vacate 30 feet of the 68 foot width of Ice Dock Road dedicated by filing of City of Homer Port Industrial Subdivision No 3 as Plat 90-52 in the Homer Recording District. Portion ofright-of--way petitioned to be vacated is adjacent to Lot 12-A3 of said subdivision. Being within Section 1, Township 7 South, Range 13 West, Seward Meridian, Alaska. Located on Homer Spit; KPB File 99-080; carried forward from 6-14-99 Postponed to July 12, 1999. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet at 5:30 p.m. on June 28, 1999 in the Planning Department (top floor), Borough Administration Building, 144 North Binkley, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is July 12, 1999 at 5:30 p.m., Soldotna City Council Chambers, 177 North Birch Street, Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is July 12, 1999 at 7:30 p.m. in the Soldotna City Council Chambers, 177 North Birch Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEM5 NO ACTION REQUIRED Anchor Point Advisory Planning Commission June 8, 1999 Minutes PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planningGborough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept OTHER MEETINGS Funny River Advisory Planning Commission July 6 Anchor Point Advisory Planning Commission July 13 Cooper Landing Advisory Planning Commission July 21 $~ MEMO: CITY OF KENAI -- Gi i~ ~.~e~~:ZifG.~ O~ sQ~G~IZC rr 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 II ~~: TO: City of Kenai Planning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: July 9, 1999 SUBJECT: Bi-Yearly Resolution Report The attached report shows resolutions reviewed by the Commission during the period of January 1 to June 30, 1999. 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'C a0i U '- p ~n c `~ ~ O- °' ~ O ~ ro G'J °. c." .ti O .~ `° °~ 3 ~ '- N ~ .c ~ •^ c° ca ~ p C ~ 'D ~ c ~ c°'i ~ a ~ ~ ~ 'c o ~ _~ *. ~ ~ > ° ~ c o ? o '° ° o •^ u aco ~ 3 ~ =' " " .~ U .: ao ~ ~ .c c on ~ > a ~ 'a i ro ~' a 3 3 ~ ~ ~ o, ° °' ~' ~ ~ " ~ .a .~ •~, ~ ~ ~ aUi ~ ~ ~ CL ie y ~ Y .C Y > 't1 ro ~ ,~ ~ ~ ~ ~ ~ ~ .C .J 'i. .J ~ U cC ~ cC ~ R7 N ~ .C C .a y ,~ ~ ~ U .~ cn •~ s u s 3 3 :a ^~ ~~ ,r U Q U o v, ~ 1 U~ ~cF `'~~ ~1'FO ~ ~ A ~6'~ Kenai Peninsula Boroug ~~ctiryo,~ Planning Department Co ~- Q 144 North Binkley ~A qT~ Soldotna, Alaska 99669-7599 Ftir toll free within the Borough 1-800-478-4441, extension 260 (907) 262-4441, extension 260 FAX (907) 262-8618 e-mail: planning@borough.kenai.ak.us July 1, 1999 NOTICE OF BOROUGH PLAT COMNIITTEE ACTION MEETING OF JUNE 28, 1999 RE: Shaginoff S/D Addition No. 1 Addition Preliminary Plat The proposed 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 porrion of the meeting were sent July 1, 1999 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission/Community Council: n/a Survey Firm: Whitford Surveying, P.O. Box 4032, Soldotna, Alaska 99669-4032. Subdivider/Petitioner: DeWayne & Laone Benton, P.0. Box 2646, Kenai, Alaska 99611- 2646. KPB File Number: 99-O1 l AGENDA ITEM D. CONSIDERATION OF PLATS 8. Shaginoff S/D Addition No. 1 - (Preliminary) KPB FILE 99-011 [Whitford Surveying] Staff report as read by Maria Sweppy. Ptat Committee Meeting 6/28/99 Location: Kenai Spur Highway, northerly of North Lupine Drive within Kenai City limits. Proposed Use: Commercial Zoning: General Commercial Sewer/Water: On-site Supporting Information: This replat of Lots 3 and 4, Shaginoff Subdivision, will accomplish aright-of--way vacation. The frontage road vacation was approved by the Kenai Peninsula Borough Planning Commission on February 8, 1999. The Kenai Planning and Zoning Commission recommended preliminary approval on May 26, 1999. Per the City of Kenai, City water and sewer are not available to these lots. Staff recommends a note be placed on the plat referencing the date of the vacation approval. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Vicinity Map -label City of Kenai. 2. Add Block 8 to the description of adjacent lots. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 3. State right-of-way. Show source of information for data used. 4. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 5. Place note on plat "No access to State maintained rights-of-way permitted unless approved by State of Alaska Department of Transportation." 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 8. Compliance with Ordinance 90-38(Substitute) -Ownership. 9. 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 Vice Chairman Bryson, to grant approval to the preliminary plat subject to staff recommendations. KENAI PENINSULA BOROUGH PLAT COMMITTEE JUNE 28, 1999 MEETING PAGE 17 T ~. ~- VOTE: The motion passed by unanimous consent. BRYSON JOHNSON SKOGSTAD WHITMORE-PAINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE JUNE 28, 1999 MEETING PAGE 18 ~~~ 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 June 15, 1999 State of Alaska Division of Forestry 42499 Sterling Highway Soldo~a, AK 99669 Attention: Jim Peterson ~~~ Q ~ ~ 17 19.,9 C ~T; is ~ - RE: KK 99-12; Gates Construction, Inc.; Timber Harvest; Salamantof Native Assoc. Inc.; Kenai NAVARRE MAYOR On June 14, 1999, the Kenai Peninsula Borough (KPB) reviewed the Detailed Plan of Operations (DPO) for the above referenced timber harvest. The DPO describes a partiaUselective cut of approximately 362 MBF from 87 acres owned by the Salamantof Native Association, Incorporated. The harvest is located near Kenai in TSN, R11 W, Section 18, Seward Meridian. Harvest will be accomplished by crawler tractor and rubber tired skidder. Slash greater than five (5) inches in diameter will be burned, subject to applicable regulations. The operator has requested an exemption from reforestation requirements due to the number of insect killed trees. Access will be off of Cannery Road. Timber harvest activities are scheduled for June 1, 1999 to June 1, 2002. The Mining Reclamation Act Certification included in the DPO indicates possible plans for gravel extraction. By copy of this letter, the harvest operator and land owner are notified that a KPB gravel permit may be required. For further information, contact Rachel Clark, KPB Planning Department, (907) 262-4441, ext. 298. The Planning Commission found the harvest consistent with KPB Coastal Management Program enforceable policies with the following recommendations: 1) The landowner and harvest operator are advised that harvest activities are occurring in close proximity to residential neighborhoods and a heavily used public access to Cook Inlet and the mouth of the Kenai River. The operator is advised to post caution signs on Kalifornsky Beach Road and Cannery Road, and require logging trucks to transit through residential areas at a slow rate of speed. 2) The landowner and harvest operator are encouraged to implement practices that will prevent surface erosion and changes in natural drainage patterns and maintain the long-term productivity of forest soils and ecosystems Thank you for the opportunity to comment. KENAI PENINSULA BOROUGH Sincerely, CITY OF KENAI ~~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ w-a~~aM 1III~~ 1992 June 25, 1999 VIA FACSIMILE George Church, District Superintendent State of Alaska, Department of Transportation P.O. Box 1327 Soldotna, AK 99669 Dear Mr. Church: A concern was raised at the City of Kenai's Planning Commission meeting on June 23, 1999. It was noted that recreational vehicles turning off the Kenai Spur Highway to the Kenai Visitor Center are not using the turn lane. This is causing traffic to back up through the light. In addition, vehicles are turning across three lanes. It was requested that the State paint turn arrows in the turn lane to the Kenai Visitor Center. The City appreciates your consideration of this request. Sinc ly, Marilyn Kebschull Planning & Zoning Administration 0 ~t~ as ~' l ~~ MEMO: CITY OF KENAI "Gil C'~~ o~ ,q,lC~„ 210 FIDALGO AYE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 `I ~s9z TO: Lt. Kohler, Kenai Police Department FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: June 25, 1999 SUBJECT: Parking At the Planning & Zoning Commission meeting on June 23, 1999, concerns were voiced regarding parking along the street at the following two locations: • Fathom Drive--Vehicles parking alongside street may impede emergency vehicles. • Lawton Drive--Vehicles parking along both sides of the street during soccer practice. Children are running between vehicles. It was noted that there is not enough room for two vehicles to pass with vehicles parked on both sides of the street. I advised the Commission I would let the Police Department know of these concerns. Thanks. 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 _~ I ~ To: Terri Brown From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: July 9, 1999 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, July 12, 1999. This will be charged against the open Purchase Order you have. Thanks. July 9, 1999 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS July 14,1999 at 7 p.m. http://www.ci. kenai.ak. us 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ99-26-Encroachment Permit -Front Yard Setbacks-For the property described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. b. PZ99-27--Conditional Use Permit- RetaiWVholesale Business (Upholstery Shop)-For the property described as Lots 7 & 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. 3. NEW BUSINESS: 4. OLD BUSINESS: a. MOTION FOR RECONSIDERATION-- PZ99-24-Conditional Use Permit -Greenhouse, Gift Shop 8~ 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, Alaska. 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 or Marilyn Kebschull at 283-7933. Marilyn Kebschull Planning & Zoning Administration Publish: July 12, 1999 • Page 2 City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 To: Peninsula Clarion (Attn: Terri) From: Marilyn Kebschull Fax: 907-283-3299 Pages: One Phase: 907-283-7551 Date: June 28, 1999 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Terri: Run the following announcement on July 7 & 9, 1999. Please close Purchase Order #20144. I will be sending a new open purchase order after the City Council meets on July 7"'. Bill this under the new purchase order. Thanks. June 28, 1999 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http://www.ci.kenai.ak.us PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of July 14, 1999: a. PZ99-25--An application for an Encroachment Permit for ftont yard setbacks for the property described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. b. PZ99-27-An application for a Conditional Use Permit for aretail/wholesale business (upholstery shop) for the property described as Lots 7 & 8, Block 2, Kaknu Korners Subdivision (9199 Kenai spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to July 14~'. 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 or Marilyn Kebschull at 283-7933. Publish: July 7 & 9, 1999 • Page 2