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Home My WebLink About1999-07-28 p&z packetCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS July 28,1999 - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: July 14,1999 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. PZ99-28--Variance Permit for Oversize Sign for the property described as Lot 3-A-4 Beluga Subdivision (209 Princess Street), Kenai, Alaska. Application submitted by Kenai New Life Assembly of God, 209 Princess Street, Kenai, Alaska. 5. NEW BUSINESS: a. PZ99-29--Landscape/Site Plan for the property described as Alyeska Sub Part 1, Replat Lot SD (200 Willow Street), Kenai, Alaska. Application submitted by Wally Page of Kenai Steel Structures for Alyeska Sales & Service, 200 Willow Street, Kenai, Alaska. 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. Board of Adjustment Decision -Beaver Loop Partnership b. "Zoning Bulletin" -July 10, 1999 c. KPB Plat Committee Action -July 12, 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS July 14, 1999 - ?: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, Barb Nord, Donald Erwin, Robert Newbry Ron Goecke (arrived at 7:05) Members Absent: Phil Bryson Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval: NORD MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -June 23, 1999 ERWIN MOVED TO APPROVE THE MINUTES OF JUNE 23, 1999 AND ASKED FOR UNANIMOUS CONSENT. THE MOTION WAS SECONDED BY NEWBRY. THE MINUTES WERE APPROVED AS WRITTEN. d. Conseat Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: None 4. PUBLIC HEARINGS: a. PZ99-26 -Encroachment Permit -Front Yard Setbacks -For the property described as Lot 4, Block 2, Spruce Grove Planning & Zoning Commission Meeting July 14, 1999 Page 1 Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. NEWBRY MOVED TO APPROVE PZ99-26. MOTION SECONDED BY NORD. No public comment. Kebschull stated staff had nothing additional but noted the encroachment dated back 24 years. Erwin asked if the encroachment would be more than 3.6' with the addition of the porch. Kebschull clarified that accessory structures could come to three feet of the property line. No other comments were made. VOTE: ERWIN YES GOECKE ABSENT NORD YES NEWBRY YES BRYSON ABSENT GLICK YES MOTION PASSED UNANIMOUSLY. Goecke arrived at 7:05 p.m. b. PZ99-27 -Conditional Use Permit -Retail/Wholesale Business (Upholstery Shop) -For the property described at Lots 7 and 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. MOTION: ERWIN MOVED TO APPROVE PZ99-27. MOTION SECONDED BY NEWBRY. Verbatim Begins Barbara Waters, 311 Kukla Place, Kenai, Alaska -Members of the Planning Commission, this is the first time I can actually say this and mean it. The proposed is literally in my back yard. If you would (inaudible) from your map layout, the subject property consists of Lots 'land 8 of Kaknu Korners Subdivision. I~1 let you fmd it. My home is on Lot 12 in the same subdivision. My daughters and grandchildren live at Lots 14 and 16. I am a 20- year resident on the street and know of one other resident has Planning & Zoning Commission Meeting July 14, 1999 Page 2 lived there longer than we have. On our street there are ten children in residence as well as several who visit grandparents and friends on a regular basis. There are numerous children on Dolly Varden and Kaknu as well. All of these visit the homes on Kukla and wander through the various back yards as they play. I'm a small business owner, as such I'm seldom opposed to new businesses getting a fair shake from the powers that be. I'm not opposed to this business getting a fair shake at this juncture. However, this is a residential area. The nearest business venture on that side of the highway is a former Doyle ~zel Service, which has recently moved further out North Road. I'm not sure what's currently going on in that property or going into the property cause there's no signage there any longer. The next nearest business venture is Integrity Survey's and then Zubecks, which is ah, again mostly business oriented strip towards Soldotna. Actually, I believe there might be a business venture ah, operated in the little yellow house at Dolly Varden and the Spur Highway. There's no signs and there's no overt signs of business, just a few guide boats parked in the yard and an occasional tour van that stops by, in fact it was there today. So that would be hard to prove or disapprove and indeed I don't recall ever receiving a notice from the City about a Conditional Use Permit for that location. It simply happened if it did. In Ms. Purcell's application mention is made of a paved road to the shop building. In fact, the road is only partially paved. Residents in the trailer along that frontage road have been accessing the McClure property via Tinker until the City fmally got it blocked enough they could no longer access it by that manner and I noticed tonight as I left that they had finally re-seeded it again, so it's going to look nice. Not shown, however, in Ms. Purcell's drawings are the two trailers at the far end of that dirt road. Now, back to the lots in question. Lot #7 is currently a partially wooded lot, at one point there were two pads with electric hook-up, which were used by motor homes or mobile homes. Also, several years ago a (inaudible) opened up in the Lot 7 side of the easement and the owners had to have it backfilled. At that time we were told there probably several other log cribs in the area which may or may not open up as well. We were also told there's no way to know that they're there until they cave in. The metal building on Lot #8 has been vacant or unused for several years. Although I'm not sure, I think it was probably set up as a garage for the motor homes or trailers which parked on the previously mentioned pads. Planning & Zoning Commission Meeting July 14, 1999 Page 3 The road showed by Ms. Purcell's drawing does not exist in the way depicted, in fact it's entry point is on Kenai Spur Highway. It's only paved from the highway and down a few feet on either side. One side toward the building, the other's toward the trailer homes. It's not a maintained road. Parking is severely restricted by location of the adjoining property, which is entered by way of Dolly Varden as well as by the location and size of the shop building itself. Parking would have to be eit.. by either side... ei... excuse me, either at the side of the building or on the frontage road. I also have a concern about the future addition of signage on top of the building. Our bedroom window faces the highway and the building. I don't look forward to having light from a sign shining in my window. It's bad enough that the highway street lights already shine in. Although I'm sympathetic with Ms. Purcell's desire to open or expand her business, I would object to it being in a residential area. At this time Kenai space is changing. There are several vacant building which are in some commercial areas. The EDD also has several vacancies for new business ventures. I'd also like it known that I applaud Ms. Purcell for her desire to enter the business community. It's a difficult one at times but one which can be rewarding. But I'm looking further down the road even. What happens in a year or so if Ms. Purcell's ah... closes up her shop, either to move to another location or for whatever other reason. What. might be considered by some as a simple non- threatening business would have to open the doors to something even bigger or less tasteful because the area then would have a history of commercial use. I respectfully ask you to consider my objection and refer you to the item headed by "recommendations" on page two of the comments in the packet you sent me. The last line of that paragraph reads, and I quote, "unless adjoining property owners object, recommended approval." Members of this committee, I am an adjoining property owner and I object and I thank you. Verbatim Ends Waters also pointed out the copies of the photographs she had taken of the property in question. The photos were provided in order to show the Commissioners what Waters was talking about. Waters explained each photograph. Planning & Zoning Commission Meeting July 14, 1999 Page 4 Erwin asked that Ms. Waters specify her concern of children versus the business in the area. Waters stated extra traffic would come along with the business and she is concerned for the safety of the children. No other questions. Ginger Purcell, 2800 Beaver Loop Road, #8, Kenai, Alaska - Purcell stated the only access to the business would be from the Kenai Spur Highway and not from Tinker or Dolly Varden. Purcell continued, she doesn't anticipate much traffic at all since she operates a small shop and is the only one working there. Purcell stated there would never be more than two to three vehicles at the business at one time and access would only be on the paved road that goes to the dirt area. Purcell noted that she plans to clean up the existing area and someday build a larger area next to it if allowed. Purcell indicated she is not interested in a lighted sign, her sign would be small and placed above the garage door. No other comments, public hearing closed. Staff had nothing additional. Goecke apologized for being late and thought the concern of increased traffic in the area was unwarranted due to the type business proposed. Goecke noted he would be voting in favor of the Conditional Use Permit. VOTE: NORD YES NEWBRY YES BRYSON ABSENT ERWIN YES GOECKE YES GLICK NO MOTION PASSED. Glick pointed out the public has the right to appeal the Commission's decision within 30 days to the City Council. 5. NEW BUSINESS: None 6. OLD BUSINESS: a. MOTION FOR RECONSIDERATION - PZ99-24 -Conditional Use Permit -Greenhouse, Gift Shop 8s 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, Alaska. Planning & Zoning Commission Meeting July 14, 1999 Page 5 Glick pointed out that four (4) votes were required in order to pass the Motion for Reconsideration. MOTION: NORD MOVED TO VOTE FOR RECONSIDERATION OF PZ99- 24. MOTION SECONDED BY ERWIN. VOTE: NEWBRY YES ERWIN YES NORD YES BRYSON ABSENT GOECKE YES GLICK YES MOTION FOR RECONSIDERATION PASSED UNANIMOUSLY. Kebschull pointed out there was additional information provided by the Jordans and a related staff report. Kebschull also noted the Jordans were present to answer any questions if necessary. Goecke stated at the last meeting when the issue was discussed he was not totally in favor but after going through all the information he was now in favor with the proposed changes. Goecke commended the Jordans. Glick asked if the issue was approved, would it include the additions provided by the Jordans. Kebschull answered, a Motion was required to approve the revised plan as presented by the Jordans. MOTION: GOECKE MOVED TO APPROVE PZ99-24 WHICH INCLUDED THE AMENDED PLAN PRESENTED BY THE JORDANS. MOTION SECONDED ERWIN. MOTION TO AMEND: NORD MOVED TO AMEND THE MOTION TO BREAK DOWN THE PLAN TO ALLOW THE COMMISSION TO VOTE ON ITEMS ONE AND TWO SEPARATELY. THIS INCLUDED THE RELOCATION OF THE DUMP STATION TO THE NORTH SIDE OF THE EXISTING FLOWER SHOP AND MOVING THE HEN HOUSE CLOSER TO THE CENTER OF THE PROPERTY NEAR THE BACK OF THE NEW GREENHOUSE. MOTION SECONDED BY ERWIN. Discussion took place on the original intent of the motion and Nord stated it was to vote on the two issues separately. City Planning & Zoning Commission Meeting July 14, 1999 Page 6 Attorney Graves indicated there were a couple of options and one would be to make a motion to delete the relocation of the RV dump station from the amended plan. The second motion would be to deal with the chickens. Nord restated her motion to amend as follows: (RESTATED) MOTION TO AMEND: NORD MOVED TO DELETE THE HEN HOUSE FROM THE CONDITIONAL USE. MOTION SECONDED BY ERWIN. Nord reported there was an objection submitted from a neighbor on the north side who was extremely allergic to poultry and poultry products and if the amendment was passed there may be some legalities that could be unfortunate for the City, especially since there was knowledge of it happening. Nord also commended the Jordans for the wonderful plan they submitted. Glick asked staff if the Land Use Plan allowed agriculture as a principal use in this particular zone. Kebschull replied, farming and general agriculture was a permitted personal use. However, if it became part of a business or if permission was asked to have it as part of the business, then a conditional use permit was required. Kebschull also asked for clarification on the motion as the original amendment was to move the hen house and to limit the number of chickens to 30. She asked, if the amendment was deleted, then would the original proposal with the plan for the hen house be voted on. Glick thought the hen house was being deleted completely. Kebschull stated, if the chickens were to be removed completely, then it needed to be stated. Graves agreed that clarification was required if the intent of the motion was to not allow chickens on the property. Graves reiterated that farming and general agriculture was an allowed use in the RR zone, however, it was clear that if an applicant applied for a conditional use permit, the Commission could establish a condition that no chickens be allowed on the premises. WITHDRAWAL OF MOTION: Nord requested permission to withdraw her amendment to the main motion and to restate it. Erwin, who seconded the motion agreed with the withdrawal. Planning & Zoning Commission Meeting July 14, 1999 Page 7 MOTION TO AMEND: NORD MOVED THAT NO CHICKENS OR HEN HOUSE BE ALLOWED ON THE PROPERTY. MOTION SECONDED BY ERWIN. Goecke indicated he previously had a problem with the chickens but no longer did because of the proposed amendments presented by the Jordans and the speakers from the last meeting. Goecke continued, this was an issue that did not have to be presented because of the non-restriction of farming and general agriculture in the zone. Goecke thought the 30 chicken limit was not a problem. VOTE ON THE AMENDED MOTION: BRYSON ABSENT ERWIN NO GOECKE NO NORD YES NEWBRY NO GLICK NO MOTION FAILED. VOTE MAIN MOTION: GOECKE YES NORD YES NEWBRY YES BRYSON ABSENT ERWIN YES GLICK YES MOTION PASSED UNANIMOUSLY. Kebschull informed the public they had the right to appeal the decision within 30 days from the date of this meeting. The appeal must be in writing and submitted to the City Clerk. 7. CODE ENFORCEMENT: -None 8. REPORTS a. City Council Councilman Bannock gave his report based on the City Council agenda provided in the packet. Item C-1, $55,000 appropriation for the preliminary design work on the Kenai Coastal Trail. This could be amulti-million dollar project with the long term benefits being not only an attraction but a bank stabilization project as well. Planning & Zoning Commission Meeting July 14, 1999 Page 8 Item C-2 had to do with the way the Code regulates investments the City has. Item H-3 was approved and it provided ticket counter space to Yute Air who would resume flight service into Kenai beginning July 15, 1999. Yute anticipated nine flights a day. Items H-5, 6 and 7 were items presented by Mayor Williams. Item H-9 dealt with the Multipurpose Facility adjacent to the high school and behind the Challenger Learning Center. Bannock gave a report on the money involved and announced there were eight individuals who were willing to guarantee loans in excess of $275,000.00 to see the project through completion. b. Borough Planning - No report. c. Administration Kebschull advised the Commission the enclosed resolution report shows all activity to date and it was separated by permit title. Kebschull added, staff continued to work on the Code. 9. PERSONS PRESENT NOT SCHEDULED: None 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 8a QUESTIONS: Commissioner Goecke apologized for being late to the meeting. Commissioner Nord stated she was glad to see the City taking an interest in Sycamore Street and the issue of the vehicle repair business. Councilman Bannock apologized to the Commission for the comment he made during the discussion on reconsideration during the last meeting about Mr. Jordans' amendment. Bannock stated he conferred with Attorney Graves and he was informed the information he shared was incorrect. However, the Commission corrected the issue at this meeting. Planning & Zoning Commission Meeting July 14, 1999 Page 9 12. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Barbara L. Roper, Contract Secretary Planning & Zoning Commission Meeting July 14, 1999 Page 10 CITY OF KENAI `~`~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ w-a~cnr IIIIII 1992 July 12, 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 28, 1999: PZ99-28--An application for a Variance for an Oversize Sign for the property described as Lot 3-A-4 Beluga Subdivision (209 Princess Street), Kenai, Alaska. Application submitted by Kenai New Life Assembly of God, 209 Princess 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 28, 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: July 7,1999 Prepared By: JL/mk Res: PZ99-28 GENERAL INFORMATION Applicant: Kenai New Life Assembly of God 209 Princess Street Kenai, AK 99611 283-7752 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance -Oversize Sign Lot 3-A-4, Beluga Subdivision 209 Princess Street 04523011 RR-1--Rural Residential 1 Church Medium Density Residential General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that .all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. PZ99-28 Comments Page 2 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. KMC 14.20.220 (10) provides for relief from any section of the sign code. KMC 14.20.220 (d) (3) allows for one sign not to exceed 32 square feet for permitted and conditional-uses in residential zones. Applicant is asking for a variance from this section of the code to allow fora 50 square foot sign and a 7.5 square foot sign, which would be a 25.5 square foot variance. Applicant has provided a site plan and an artist's rendition of the proposed sign. (I will have a color copy available at the meeting for the Commission's information.) KMC 14.20.220 (d) (3) requires the sign must be no closer than 10 feet to the property line. Based on the site plan provided, it appears the applicant will need to move the sign back from the proposed location. The current sign is located off the church's property on city property. There is along-standing agreement with the City of Kenai for this sign. However, it is understood that this sign will be removed .when the new sign is installed. City Engineer: The existing sign is 48 square feet. The new sign is only slightly larger. Building Official: A sign permit will be required if approved. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ99-28 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ99-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: Applicant :Kenai New Life Assembly of God Located: 209 Princess Street ILot 3-A-4, Block 4, Beluga SD- (KPB #04523011) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on Julv 6, 1999 2. That this request is located on land zoned RR-1--Rural Residential 1 3. That the applicant seeks a variance from the specified requirement of the Zoning code: K.M.C. 14.20.220 (d) 13) -Sian Size 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on Julv 28, 1999 . NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 28, 1999. CHAIRPERSO ~/" a ~ ,~ 1 ATTEST: ~~ ~~~ ~~~ ~~ k~ a~O . '~ CITY OF KE titi~-oc ~9~9 n V~ ~.~iG17~~ 6~ fY4G~dIT.r ~A'~RT, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE807-283.7535 FAX 907-2833014 'illi- ~,: DATE: `~~ (p, lit ~t~7 APPLICATION FOR VARIANCE PERMIT NAME: ~~Eti-~1-r ~t~ ~rFC ~sa~~-3~~i o<~i~QHONE: Z~3-775 -z MAILING ADDRESS: ZCA C~2«,c~-mss ~~. ~ 1(~,,~1 ~~'i~r~ STREET ADDRESS: Srt,.~.~c LEGAL DESCRIPTION: ~-- a ~ 5 3 ~ `-f , ?J~ oct~ e-ove `L~~-- ? . C~xzv~a S~c3a~v~s~4,,r KPB PARCEL NUMBER: Oy-~'Z3o I J PROPERTY ZONING: ~ I AM REQUESTING A VARIAN Code): /<~G / y 2 a . zzo , OM (State section of Kenai Municipal ,-*.*** Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a properly owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. X Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. .~~~~ ~/ \~ 2. X A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. • The granting of a variance .shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: W~ 1~.101J1~ l._11LC 'rb ~ti16T1~-•- A+J ~ ~Tt'2aJA{,L.l.~ U r S ~ C., N U.s [ rt.~ a-' £ s[ vE . [~+[s s t [off u-~~su~1.~~5 5' [c [ o' . , F ,A.Ppr~~ lti-E w [ w 2t'ti^-art L'ti+E E x [ ~ n -s ca ~#-' s~ [ z' PL`[ woeQ s u. J c~..c i E+c t+t ~. w.-c.~+e~y =~zJ*+t~.- V arr~ Pte Qe+2r.~ , Applicant's Signatur ~ ~ ~.4sr~-~ Reviewed approved by the Planning Commission on ~ day of '"~-~~~ ~, 1999. Chairp ~.~ .,, -,~ Y'~ '~ ' ~a; }.i't~. _~T T ,~r}~'a.~~ y~ Yr:l ,.~aY -~Y ) _.•. 4•,,. ~_..~. ~. ~-.'_ J~ \\ Q a _~ Oa SrM ~~8~, ~o~ ~ S89'S5'W 210' .1> 2 7.?•, 73.5' < 25D 0 9'. ' carpor! o.. Q9 iy.... . ~ Lot 3 k N ~ .tla .... ... ~ .. .... .....gfavsl ........ ........:. ....7.9' ~ - ' - O ........... .. ... .. . ... . . . . . . 0' tnm .~. ..;.:.coma. slap .....i~,~drlveway.~~ p ...~ ... ...... . ~. '.'.' . O ~a.z N toz.a• . i ai , . a y.~ .. 89 o . . .. m "ei m ..-. ~ , ,- C y N N N .'. ,:.: ~ B9 ' church O u°u .~.~ rr ~ ~.~.: ~.~.:."'~I ~ .~. ~ W ~ V, •tJ tV cV N. .a '.. O O It 1 ~ m ~. ~. ~' ~' ,fig` . b ,~ ',~SW~' N ~o ,~.a~ ~ ~ '~Ly,IL1.ny ~ .. ~ U d o ~ ~ ; ~ ~ R c~s , , ~ - ~ ~ ~ O (n . ~.:~: 2 5.1' 0.3'_ ti' :~: : : .. : : ~~ (~[ N ~ .. ~ ....... ..... .... .... .. N 5.1' n al.a' . g1II1Ml . M"p'M~' ... ~. 7tepoteA .... ~.-.. ..-. -.~.~~~ ~ : pnrksny ... _ i..OCA~l1CN . , :... ..... .....~.~c.~~~ ....... ............ , .. . pF w>'6~-1 Slte~l ``fi 4 ~~ ~ :~, Lot :: ...... . . 22 ~ ~ ~+`' ~6~•2 R0~ ~ 6 / ~ ~ S~4N o./ / I C!r'Y?ReP~I AS-BUILT LEGEND • Rebar (found) Note: Lot served by City water & sewer CERTIEICATION As-Built Certificate I hereby certify that the improvements hereon exist as shown on the following described property. Scale: 1" = 60~ I F.B. #: 98-7, Pg. 78-79 KENAI RECORDING DISTRICT Plat: K-1425 Date: 4 August, 1998 Drawn: CB W.O. # 98158 Disk: \D30\Beluga ~ swr~wey~ 605 Swires Drive, Kenai, Alaska 99611-8363 SURVEYORS PHONE - (907;283-9047 PLANNERS FAX --- (907 283-9071 Lots 3 & 4 Block Four Beluga Subdivision and that no encroachments exist except as indicated. Exclusion Note: It is the responsibiliiy of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances should any data hereon be used for construction or for establishing boundary or fence lines. .~ CITY OF K „ Gil L'~u1zi~l ad ~4~.dl,~`'° 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 9961 TELEPHONE 907-283-7535 FAX 907-283-3014 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE '~Fc Fi~,~ ~, o ~~ t~lii' ~+rt I, ~`~ ~~ ,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 ~~~ !`1r~....~ (~~ ~5s~-~c3c.~c oFGc~lame of Applicant) has petitioned fora S ~ c~ ~ JArc.~ a.-~ . The notice was posted on ~ ~ti ~ ,which is ZI 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 Leeal Description: Tract or Lot: Block: Subdivision: KPB Parcel No.: IU_, O' f rV ~~ nW` W ,.0 v J •~ .~ ~1 0~ N ti N A U W~ Y~1 W W a F~ h 0 w 0 4J ~ ~ U U ~ ~ ~ ~ a ' ~~ c ~ ~ L ~ N ~ fn ~ C ~ m ~ ~ O '~ N 'O fl' L ~ 'O ~~ ~a ao mQ w ~ pCj C7 U ~ M ~ ~ Ja Jm Jfn J~ C9 N N N ~' > L~ .` C d > N Z O L G y N N N J C ~ v t m ~ o ~ a Q O Q Q Q U U ~ ~ U ~ 0 z ~ a ~ g ° `~ a > > U T W ~ N ` W N d' m d (7 as M - - ~~ ~ m m f` W f`6 ~~ hen J J ~ a °i a~i a~i y 3 v v 3 > > > a ~ ~ v v > > ~ 0 0 o a~ o -o ~ ~ m ~ o o ~ L t a a a O a ~ ~ O a a ~ n ~ ~ i n a o a o ~ a N N \ ~ g ~ N ~ N ~ M M M (~ to ~ ~ ."oa c a ci N ~ a~ 3 C L O N C A ~ m Y V J m U Y~ ~ m > U v ~ ~ ioZ ~ m c a~ t ~ ~ ~ F- O N ~ N U O ~ a N L U Y v Y y c N y Y. m N ~ ~ m ~ a m ~ a ~ ~ U ~ o v o i m ~ ~ ~~ m m ~ ~ o fl ~ U ~ A m d o L~ N C C - C~ ~ H O l6 ~ ~ Y U Y ~ Y Q ~ ~ ~ Y m ~~ Q m c ` m c r of 3 m rn 3 c m c c c c rn rn N ~ rn _rn m _rn ~ ~ _ rn m _N V) f/) fn !/) N_ N fQ fn fA y N N N N ~ ~ d N N y N O C ~ N •y N ~ N •` y ~ N N m C N d d 0 a i t 0'•°-' a~ o' i a o' m o d o d ~O y ' d t o~' ~ ' d ~ o o N O O OO ~ O r l0 N 00 O M M a0 O M O ~ 00 oD 00 O O i O O O O 01 01 01 O O O O O Of O ~~ 0 d I T T T ,,a C ! ~ i ~~~~~ STAFF REPORT To: Planning & Zoning Commission Date: July 22, 1999 Prepared By: JL/mk Res: PZ99-29 GENERAL INFORMATION Applicant: Wally Page Kenai Steel Structures P.O. Box 2816 Kenai, AK 9961 1 283-5642 For: Jerry Wortham Alyeska Sales & Service 200 Willow Street Kenai, AK 9961 1 283-4821 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Landscape/Site Plan Alyeska Sub Part 1, Replat Lot 5D 200 Willow Street 04320020 CG--General Commercial General Commercial General Commercial General Information: KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai. Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements. It should be noted that the plan, as provided, does not show sections a through g. The applicant will be adding a 60' X 60' addition to the existing structure. Because the addition is valued at over S 10,000 alandscape/site plan is required. The applicant is proposing no landscaping as result of this addition. Because of the additional square footage to the building, the Building Official PZ99-29 Comments Page 2 ,~ will need to verify that parking is adequate. It should be noted that the site plan submitted for this application is dated July 1 1, 1969 which may explain why landscaping, as required, is not shown on the plan. City Engineer: The addition, as proposed to the rear of the existing building, should not significantly affect the present drainage or traffic flow. Building Official: Parking appears to be adequate. RECOMMENDATIONS Recommend approval with the following conditions: 1. KMC 14.25.040 (e) states, "The Landscaping/Site Plan Review Board shall not require more than five percent (5%) of any project be landscaped. The plan, as submitted, shows no landscaping, either current or proposed. It appears appropriate that the Commission require at least minimal landscaping to the site which may be as little as landscaping the area along the right-of-way or adding shrubbery along the building front that faces Willow Street. 2. Require the plan show on-site snow storage area as required in KMC 14.25.030 (f). 3. It is not clear from the site plan what the status is of the current dumpster, i.e. if it is enclosed. Would recommend that the if the dumpster is not enclosed that the applicant be required to provide an enclosure for the dumpster. ATTACHMENTS: 1. Resolution No. PZ99-29 2. Application 3. Site Plan CITY OF KENAI PLANNING AND ZONING COMMISSION LANDSCAPE/SITE PLAN REVIEW RESOLUTION NO. PZ99-29 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for: • Business Name: Alyeska Sales & Service • Property Address: 200 Willow Street • Legal Description: Alveska Sub Part 1, Replat Lot 5 D • Parcel No.: 04320020 WHEREAS, the application was submitted by Wally Page of Kenai Steel Structures and received on Julv 21, 1999. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 28, 1999. CHAIRMAN: ATTEST: ~.~ LANDSCAPING/SITE PLAN REVIEW APPLICATION ~~- ~~ APPLICANT ~ ~ ~ BUSINESS NAME ~, ~ ~ ~ S ~i~U~ LEGAL PROPERTY OWNER ~' I ~~~ ~~' Sc~ l {s v- Se r v ~:-~, ..~ 2 ~ t` ~~~ ~-~ PROPERTY ADDRESS ~ ~,~ MAILING ADDRESS PHONE ~~ 3 ~ ~ ~~ ZONING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC CG IL R TSH (Circle one) LEGAL.DESCRIPTION - ~ -G ~ ,+~ ~ ~ ~ PARCEL NUMBER ~'~ 3 ~? ~~ ;~ 1 Include the following on the Site Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. ,~ d. Identification and location of non-living landscaping materials to be used. e. Identification of on-site snow storage areas. f. Drainage patterns. ~} g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. i5 CrftCt~~T~D~,. ~, ~ Lx,s~`~„c~ h' ,~~1~''~~ Additional comments or information should be attached to this application. bt;~~~ s .~J ^~..1 l'1 ..~'lOw ~ls~ v.~ i9r ~ ~~Q~ ~ get I ~ ,~ ~~ i.~l i `~ ~ n i ~~ •~'1 0-- I ~ I ,.-~r,- ,.•.,; - ;; ~ T `~~;.~ ;r _ ~~I ~ ~ '' 1 i ~I, ;1 I ~ ~~~~ ; '~ j ' - ~ ~ ` i o i ~_c • ~ { ~ N I N - I b -.r ~l :A ~ il" q9_O Id~;' I J y' ~ ~ I w - ISO.' !'' i ~ Im _ N "',: ~ -._ ~ } ~_ __ y p a I t A O IC ~. r • 7 •f .r ,, ,{ ~ ,. ~~ ~~~ F~ :~ :, Snn 1. 7 4 r 7 °. ? _~ 2o•c ~_ a;.~ _._... __ V j-_._ r s i, .I ~ N ! p'A V \~ -' - ~ • ,, ~._ - ' --r \ Il ~~ 4 ~- ~I~^ \ i ~ ~W 17 141 , '„X - ~ i i Yr ~ ~~ 1, t 1~ PJ nr ~Ci ~~ ~ ._ 4~T ~_~- _ ra } 1? 0 1100 I ~ ~'Q I _ - ~~~~~ mo- ~ ~- n ~' a + p ~~ , ~ - -~ ~~ I _ ° ~. A' ~W N O • ri ~ ~~ P ~p ~) 1 ~ N ~ _~- ~ T ` ~ _ - --~_• ~ -~ _ ~TQ^9 ~ ~ t) r r - - ~-- _. - _. .~11~I~ ~ 3~ ~ ii 5-~ .. ~~, r. ,1 `'+ I -o ~~ n' ~{ •. he~ ~ Ng°3 ~ I Iql• Members: Robert Clutts Anchor Point Term Expires 2001 Leroy Gannaway Homer City Term Expires 2001 John Hammelman Areawide Term Expires 1999 Ann Whitmore-Painter Moose Pass Area Term Expires 2000 ALTERNATES: Brent Johnson Kasilof Area Term Expires 2000 Jim Skogstad Hope Term Expires 2001 A B C ~'!~ KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING /~~'~,~ PLANNING DEPARTMENT C 144 NORTH BINKLEY ' ~ SOLDOTNA, ALASKA c~ 'l~ ti~ July 26, 1999 5:30 P.M. l, ~c Tentative Agenda ~~q~ F ~ CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Brent Johnson 3. Minutes a. July 12, 1999 D. CONSIDERATION OF PLATS 1. Seward Park White Replat; north of Seward Preliminary; Integrity Surveys/White KPB File 99-105 2. Van Ryzin S/D; south of Scout Lake Revised Preliminary; Integrity Surveys/Van Ryzin KPB File 99-066 3. Razdolna 1999 Addition; Basargin Road, east of Swift Creek Preliminary; Mullikin Surveys/Basargin KPB File 99-107 4. Blue Allen 1999 Replat; Hutler Road Preliminary; Mullikin Surveys/Fraley KPB File 99-108 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is August 9, 1999 at 5:30 p.m. in the Planning Department (top floor), Borough Administration Building, 144 North Binkley, Soldotna. ~~1 AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 21, 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) Kelly Shea -- Kenai Watershed Forum/ "All Drains Lead to Kenai River" Project. ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1836-99 -- Increasing Estimated Revenues and Appropriations by $426,750 in the Multi-Purpose Facility Capital ~ Project Fund. ~'~}~3~-~ u - a. Motion for Introduction ~p~,~D ~y • b. Motion for Second Reading (Requires a Unanimous Vote) ~~~~~ c. Motion for Adoption 2. Resolution No. 99-43 -- Formally Accepting FY2000 Municipal Capital ~~r~~,rj ~ . Matching Grant Number 00/587-8-001 From the State of Alaska, Department of Administration in the Amount of $149,911.00 for a Street Improvement Program, and Accepting the Conditions of the Grant Agreement. ~~~~~ 3. Resolution No. 99-44 -- Approving an Amendment Adding Engineering and Architectural Services, Construction Management, and Inspection to Architects Alaska/Klauder & Co.'s Professional Services Agreement on the Project Entitled Multi-Purpose Facility for the Not-To-Exceed Amount of $33,424. -1- ~~~~' 4. Resolution No. 99-45 -- Awarding a Contract to G&S Construction for the Project Entitled Multi-Purpose Facility for the Total Amount of $1,066,750, Which Includes Alternate No. lb, Alternate 2 and Project Reductions. ~~~~~ 5. Resolution No. 99-46-- Awarding a Contract for Professional Consulting Services to Peratrovich, Nottingham & Drage, Inc. for the Preparation of a Project Presentation Package for the Kenai Coastal Trail for the Lump Sum Amount of $53,200. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E• MINUTES 1. *Regular Meeting of July 7, 1999. ITEM F• ITEM G• OLD BUSINESS /~,~ 1. Approval -- Concession and Management/Operation Agreement for the ~~/i'/- ~~~ Kenai Multi-Purpose Facility. ITEM H• NEW BUSINESS ~ ~~~~ 1. Bills to be Paid, Bills to be Ratified ,y~~~~/~/ 2. Purchase Orders Exceeding $2,500 ~`'J~ 3. *Ordinaace No. 1834-99 -- Increasing Estimated Revenues and Appropriations by $214,159 for Street Improvement Grants. -2- 4. *Ordiaaace No. 1835-99 -- Increasing Estimated Revenues and Appropriations by $7,946 in the General Fund for Library Computer Equipment. 5. *Ordiaance No. 1837-99 -- Appropriating a $1,500 Donation From the Kenai Elks Lodge #2425 for Recreational Equipment. 6. Discussion -- Request for Development Proposals for Daubenspeck Property. 7. Approval -- Tract B, Kenai Tidelands Survey No. 2 ~~~~u f~ a. Assignment of Lease -- Marvin Dragseth and Royal Pacific ,y..- Fisheries, Inc. to Snug Harbor Seafoods, Inc. b. Security Assignment of Lease -- Snug Harbor Seafoods, Inc. to ~'~~~~ National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division. ITEM I: ADMIIVISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K• ADJOURNMENT -3- KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS, BOROUGH ADMIN. BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA John Hammelman Chairman Areawide Term Expires 1999 Philip Bryson Vice Chairman Kenai City Term Expires 2001 Ann Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 2000 Peggy G. Boscacci PC Member Seldovia City Term Expires 2000 Wayne Carpenter PC Member Seward City Terry Expires 1999 Robert Clutts PC Member Anchor Point Temt Expires 2001 Wes Coleman PC Member Soldotna City Tern 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 B C July 26, 1999 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL 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) Seward Highway MP8-M.P 18; Highway; Improvements; Alaska Dept. of Transportation and Public Facilities; AK9906-08AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences 1 ~ ,~1~f '~ .,3 'as ~~` .tea. ~k~ ~f. I" ,~ yam,, .~.. " a. Phil Bryson b. Peggy Boscacci c. Brent Johnson 8. Minutes a. July 12, 1999 Plat Committee Minutes b. July 12, 1999 Planning Commission Minutes D. PUBLIC COMNTENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangemerrts aze made.) E. UNFII~TISHED BUSINESS -None F. PUBLIC HEARINGS 1. Proposed Street Renaming a. Grouse Circle is proposed to be renamed Howling Husky Circle; Gillas Subdivision; north of East End Road; Chamberlain b. Spahr Avenue is proposed to be renamed Midnight Sun Avenue; Spahr Subdivision and Gillas Subdivision, north of East End Road; Rooney c. Louise Drive is proposed to be renamed Jensen Drive, Valley View Subdivision; north of Robinson Loop Road, west of Swanson River Road; Jensen 2. Ordinance 99-40: Accepting and Appropriating a Grant of $3,000 from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program 3. Ordinance 99-41: Accepting and Appropriating a Grant of $67,850 from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Determination if conditions of 20.28.110 B are sufficiently present a to proceed with petition to vacate that portion of Forstner Avenue and associated utility easement within and bounded on the north by Tract 4, NaffSubdivision (Plats 78-156 & 86-225 Kenai Recording District); within and bounded on the south by Tract A, Coursen Subdivision (Plat 76-39 Kenai Recording District), Nall/Coursen Subdivisions, Being within Section 15, Township 5 North, Range 9 West, Seward Meridian, Alaska; Generally located in the Scout Lake area; KPB File 99-111 [Integrity Surveys/Van Ryzin] 2. Time Extension Requests Kirschner S/D; Location: South of North Kenai Road north of Daniels Lake; KPB File 98-061 [Requested by McLane Consulting Group] Fox Bluff S/D; Location: Oil Well Road; KPB File 88-120 [Requested by McLane Consulting Group] Building Setback Exception; Lafleur's Lagniappe, Tract 2, Blk 2; Location: North Kenai Road; KPBPC Resolution 99-30; KPB File 99-106 [Swan Surveying/Davidson] 4. Plat Waiver Application; Rich, Steven & Pamela; Location: West of Robinson Loop; KPBPC Resolution 99-32; KPB File 99-110 [Rich] 5. Appeal of Planning Director Decision; Prior Existing Use Determination; Seldovia area; Seldovia Native Association CONSIDERATION OF PLATS Four plats are scheduled to be reviewed by the Plat Committee. KENAI RIVER HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a roof over an existing travel trailer and deck within 50 feet of ordinary high water of the Kenai River; Section 19, TSN, R10W, Seward Meridian, Lot 87, Poacher's Cove Planned Unit Development, Amended; KPB Base Map Kenai River 18; Parcel is located at Kenai River Mile 17.2, right bank KPB Parcel 057-489-18; James and Joan Emory K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Prior Existing Use Determination for a Sand, Gravel or Material Site; near Soldotna; Mahan. 2. Counter Permit for a Sand, Gravel or Material Site; near Homer; Stark 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 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 26, 1999 in the Planning Department (top floor), Borough Administration Building, 144 North Binkley Street, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is August 9, 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 August 9, 1999 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kenai Planning and Zoning Commission June 23, 1999 Minutes 2. Touchstone, Volume 9, No. 1, June/July 1999 July 15, 1999 Letter from Marie McCarty and Steve Baird Regarding Municipal Entitlement Act 4. July 14, 1999 Letter from Milli Martin Regarding KPB Land Classification 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 Cooper Landing Advisory Planning Commission July 21 Funny River Advisory Planning Commission August 3 Anchor Point Advisory Planning Commission August 10 Cooper Landing Advisory Planning Commission August 18 i ~ -' (~ BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL BY ) BEAVER LOOP PARTNERSHIP OF THE ) DENIAL OF A CONDITIONAL USE PERMIT ) Case No. BA-99-1 I. DECISION The appeal of Beaver Loop Partnership is GRANTED. II. BACKGROUND In late 1998, the City of Kenai's Planning and Zoning staff became aware of the existence of a storage yard located at approximately 1801 Cone Avenue, just off Beaver Loop Road in Kenai. A check of the Kenai Peninsula Borough tax rolls showed the property to be owned by Beaver Loop Partnership (the "Partnership"). The site is being used as a storage yard for oil field drilling equipment owned by Nabors Drilling. Located nearby the storage yard are several long established gravel pits and two residences. Those gravel pits operate under either a conditional use permit for surface extraction of natural resources under KMC 14.20.151 or as anon-conforming use ("grandfathered in") under KMC 14.20.050. The site is zoned Rural Residential (RR). A storage yard is not a permitted use in the RR zone. On December 22, 1998, Marilyn Kebschull of the City of Kenai's Planning and Zoning Department sent the Partnership a letter informing them that they needed to apply for a conditional use permit to operate a storage yard in the RR zone. BOARD OF ADJUSTMENT DECISION Page 1 of 10 On February 2, 1999, the Partnership filed for an application for a conditional use permit. A public hearing on the application was scheduled for February 24, 1999. The public hearing was opened on that date and public testimony was taken from three members of the public who were in attendance. The hearing was continued until March 10, 1999 at the request of the Partnership whose representative was ill with the flu and could not attend the meeting. Minutes of the February 24 meeting were sent to the Partnership so its representative could review the public testimony prior to the March 10 meeting. At the March 10 public hearing, three members of the public gave testimony. One of the three had previously given testimony during the February 24 public hearing. This public hearing was also continued at the request of the applicant. However, as previously, citizens who showed up to offer testimony at the March 10 public hearing were given the opportunity to give their testimony. The next public hearing was on April 28, 1999. Warren Polsky spoke on behalf of the Partnership. Lance Leibole spoke on behalf of Nabors Drilling, which is the company storing drilling equipment on the site. One member of the public, who had testified at previous public hearings, also testified. She expressed concern over possible groundwater contamination from the storage of the drilling equipment. The primary focus of the public testimony during each hearing was concern over possible ground water contamination. The Commission voted three to two to deny the conditional use permit. On May 18, 1998, the Partnership filed an appeal to the Board of Adjustment under KMC BOARD OF ADJUSTMENT DECISION Page 2 of 10 14.20.290. The Board of Adjustment met on June 16, 1999 for the public hearing on the appeal. Warren Polsky testified on behalf of the applicant. His testimony focused on the history of the site and how Nabors Drilling came to be located there. Lance Leibole testified on behalf of Nabors Drilling. His testimony focused on the precautions Nabors is taking to prevent any contamination of the property. Kurt Wilcox and Nolan Compton, the two closest neighbors to the site, also testified. Their testimony focused on concerns over possible contamination of the ground water. Laura Sievert and James Krein also testified regarding possible contamination. During Mr. Krein's testimony, he asked Mr. Leibole of Nabors Drilling whether he had a list of what was stored on the site. The following exchange took place (as excerpted from the verbatim minutes of the meeting): Leibole Most of the vehicles out there do have drip pans or tarps underneath them. All the buildings that have engines in them have tarps underneath them. And they are just--their engines, yes, they've got a little bit of ...they've got hydraulic fluid in them; they've got oil in them; but there's been nothing put in them for pickling and, no, there is no maintenance schedule on them. Krein: Now, tarps? Are they just laying on the ground? Or have you actually got a burned (sic) area for containment? Leibole: A couple of the vehicles have drip pans that do have a berm on them. Some of the vehicles just have tarps on them. Krein: I mean the tarps--are they like blue tarps you buy at .. . Leibole: There're pit liners made for that. Krein: And those are under your CAT generators and .. . Leibole: They are under the generators; .they are under the vehicles, in Visquene. BOARD OF ADJUSTMENT DECISION Page 3 of 10 Krein: And are they -- do you know, do you guys go out there once a year or .. ? Leibole: There's people in the yard off and on looking for equipment, yes. Krein: Still a concern. Leibole: The yard looks real good. Following Mr. Leibole's testimony and some discussions by members of the Board, the public hearing was closed. III. FINDINGS OF FACT AND CONCLUSION OF LAW A. The site was purchased in 1985 by the Partnership from Bud Dye. It had been used as the site for a concrete plant. The City of Kenai took over zoning authority in 1984 from the Kenai Peninsula Borough and the property was zoned Rural Residential prior to the time the Partnership purchased the property. In 1992, the Partnership leased the property to Grace Drilling to store oil field drilling equipment. Much of that equipment came from a site in Kenai known as the "courthouse site" because of the construction of the new state courthouse there. There were contaminates found on the courthouse site. These contaminates were primarily diesel fuel. The subject site is located off of Beaver Loop Road nearby several longstanding gravel pits and two residences. The site is not visible from those residences. Of the two residences, the closest is Kurt Wilcox whose house is approximately 700 feet away from the site. BOARD OF ADJUSTMENT DECISION Page 4 of 10 The site is now occupied by Nabors Drilling for the storage of oil field drilling equipment. Nabors Drilling is taking serious and effective steps to prevent any contamination of the site. B. The Partnership asserts that the City of Kenai recommended the site to Grace Drilling without mentioning the necessity of a conditional use permit for the storage of equipment. Although not directly articulated, the Partnership is in essence arguing that the City is estopped from denying the conditional use permit because of its previous knowledge and alleged acquiescence to the location of Grace Drilling at the site. The courts in Alaska during enforcement proceedings have generally recognized the doctrine of estoppel in the planning and zoning setting. Municipality of Anchorage v. Schneider, 685 P.2d 94, (Alaska 1984). However, the courts have held that estoppel is not available when an administrative body is deciding whether a permit should be granted. Fields v. Kodiak City Council, 628 P.2d 927 (Alaska 1981)(It is inappropriate for the boazd to consider estoppel in deciding whether to grant a variance permit.) Additionally, the courts have held estoppel should be used "only in limited instances and with great caution." Jackson v. Kenai Peninsula Borough for Use and Benefit of City of Kenai, 733 P.2d 1038 (Alaska 1987) citing Town of Greenwich v. Kristoff, 2 Conn. App. 515, 481 A.2d 77, 81 (1984). Finally, the evidence in the record relating to the estoppel is either heazsay or anecdotal. There is no direct evidence that the City or any of its officials knew the Grace Drilling equipment was being moved to the site in question and failed to inforrn the relevant parties of the necessity of a conditional use permit. Thus, even if the doctrine of BOARD OF ADJUSTMENT DECISION Page 5 of 10 estoppel were to apply to this proceeding, there is insufficient evidence in the record to support such a claim. C. Under KMC 14.20.150(d) the Board must apply the six review criteria therein to determine whether a conditional use permit may be granted. They are as follows. (1) The first factor is whether the use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the RR zone is to provide fora "low density residential development is outlying and rural areas in a form which creates a stable and attractive residential environment." KMC 14.20.080(a). The specific intent. regarding prohibited uses is to deny uses that would violate the residential character of the neighborhood and generate heavy traffic in predominately residential areas. KMC 14.20.080(a)(2). The location of the storage yard is nearby several longstanding gravel pits. There are two residences in proximity to the site. However, they are at least 700 feet away from the site and the site is not visible from those residences. The testimony also indicates the site does not generate heavy traffic. We, therefore, find that the application meets the criterion of KMC 14.20.150(d)(1). (2) The next section states that the permit may not significantly impair the value of the adjoining property. Two of the adjoining properties are owned by the Partnership. Another adjoining lot is owned by Chester Cone who sent a letter to the Planning & Zoning Commission favoring issuance of the permit. BOARD OF ADJUSTMENT DECISION Page 6 of 10 The City of Kenai also owns an adjoining parcel. There has been no indication from the City Administration that the storage site would impact the value of the City's property. Finally, Kurt Wilcox owns an adjoining parcel. Of the adjoining parcels, only the Wilcox parcel is used for residential purposes. During his testimony at the Board of Adjustment hearing, Mr. Wilcox did not indicate the proposed conditional use perrnit would significantly devalue his property. He stated the storage yard was there before he bought his property. We find that the issuance of the permit will not significantly impair the value of the adjoining property. (3) The third criteria under KMC 14.20.150(d) are whether the proposed use is consistent with the comprehensive plan. We have reviewed the comprehensive plan-especially .Sections C & D relating to residential land use and residential land use strategies-and find that the proposed use is consistent with the comprehensive plan. (4) Criteria number four concerns whether public services and facilities are adequate to serve the proposed use. The proposal will not create any excessive or extraordinary demand on public services or facilities. We find that the fourth criterion has been met. (5) The fifth criterion addresses whether the proposed use will be harmful to the public safety, health or welfare. The primary concern over issuance of the conditional use permit is contamination of the ground water in the area. Some of the residents of the area have been concerned over possible ground water contamination because the water table in the area is high. This concern has been increased by the fact that ~ the drilling equipment was moved there from the courthouse site, which did suffer BOARD OF ADJUSTMENT DECISION Page 7 of 10 environmental contamination from predominately diesel fuel in the ground. However, that contamination occurred over of the course of at least two decades, and the equipment stored by Grace Drilling was only one of several sources of possible contamination by a variety of tenants occupying the property over the course of years. More compelling is the testimony by Lance Leibole of the storage techniques used by Nabors to ensure such contamination does not occur. Current storage techniques and attitudes are totally different from those of the previous decades. Additionally, from a practical standpoint, companies such as Nabors Drilling recognize that it is much cheaper to store the equipment properly than to face the onerous costs of an environmental cleanup under current environmental laws and regulations. For those reasons, although we are sensitive to the concerns of the neighbors, we do not believe the proposal will be harmful to the public safety, health or welfare. Nor do we believe we should require a water test well to actively monitor the ground water without specific and concrete indications that such contamination is likely to occur. (6) We do feel it is appropriate, however, under KMC 14.20.150(d)(6), which allows us to attach necessary conditions to the permit, that we require the applicant to comply which all federal, state and local environmental laws and regulations. Additionally, because the application and public testimony centered on the effects of a storage yard for oil field drilling equipment, we are limiting the permit to the storage of oil field drilling equipment and materials or equipment directly related and necessary to the storage of oil field drilling equipment. If the partnership wishes to store BOARD OF ADJUSTMENT DECISION Page 8 of 10 other equipment or material on the site, it must seek a modification of this permit or apply for a new conditional use permit. IV. CONCLUSION For the above reasons, we GRANT the appeal of Beaver Loop Partnership. DATED this 16`h day of July 1999. .. Duane Bannock, Board Member es C. Bookey III, Board Member William R. Frazer, Board Me ber V. CONCURRING OPINION Although we agree with the majority that the permit should be granted, we would impose a condition under I{NIC 14.20.150(d)(5) and (6) that a monitoring test well be installed on the subject site to monitor the ground water. We feel such a condition BOARD OF ADJUSTMENT DECISION Page 9 of 10 would satisfy the concerns of the neighbors while not imposing an undue financial hardship on the applicant. DATED this 16`~ day of July 1999. 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N A. ,O ,~ 'dj ~ cd C~ ~ 0 3 0 0 0 ~ 'n ~ C~ g ~ C° =a ~ M o ~ v ~ ~ ~ b ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ a ao•-, ~ o a M o o ~ O ~ ~ ,~ ~ ~ ~ .c b ~ ~ ~ = v F d July 14, 1999 RECE E Kenai Peninsula Borough 1 ~ 1999 Planning Department .iry of 144 North Binkley V~NG DE qRT~ Soldotna, Alaska 99669-7599 MENT (90'~ 262-4441, extension 260 toll free within the Borough 1-800-478-4441 FAX (90'~ 262-8618 email: planning@borough.kenai.ak.us NOTICE OF PLAT COMMITTEE ACTION MEETING OF JULY 12, 1999 RE: Bazon Park Subdivision Doyle Addition Preliminary Plat ~ C., 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 portion of the meeting were sent July 14, 1999 to: City of: City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750. Advisory Planning Commission/Community Council: n/a Survey Firm: Swan Surveying, P.O. Box 987, Soldotna, Alaska 99669-0987. Subdivider/Petitioner: Donald Aase, 349 Riverside Drive, Soldotna, Alaska 99669-7846. KPB File Number: 99-103 AGENDA ITEM D. CONSIDERATION OF PLATS l 5. Baron Park Subdivision Doyle Addition (Preliminary) KPB FILE 99-103 [Swan Surveying) Staff report as read by Maria Sweppy. Plat Committee Meeting 7/12/99 Location: Kenai Spur Highway, between Marathon Road and Airport Way within the City of Kenai Proposed Use: Commercial Zoning: General commercial Sewer/Water: City Supporting Information: This is the subdivision Lot 1A-8A, Baron Park No. 11 (plat 97-100 KRD) into two lots Right-of-way dedication is neither proposed nor required. The Kenai Planning and Zoning Commission recommended preliminary approval on June 9, 1999 with no areas of major concern. City water and sewer are available to both lots. An Improvement Installation Agreement is not required. 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: Provide date of this survey. Show existing streets with name and width. Identify adjacent land status to the as Tract A-2. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Identify existing easements and label use; or cite record reference. 5. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 6. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 7. Remove building setback statement on plat within city .limits. 8. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 9. Compliance with Ordinance 90-38(Substitute) -Ownership. 10. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. 11. State right-of-way. Show record information for data used. ~' ~ 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: Chairman Hammelman moved, seconded by Commissioner Gannaway, to grant approval to the preliminary plat subject to staff recommendations. Chairman Hammelman asked if the property was next to the hotel. Mr. Swan responded yes. He added that a car KENAI PENINSULA BOROUGH PLAT COMMITTEE JULY 12, 1999 MEETING PAGE 9