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HomeMy WebLinkAbout1998-03-11 p&z packetCITY OF KENAI ~` PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 11, 1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 25,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. 98-07-Variance Permit (Oversize Sign with Internal Lighting}-Lot 1, Grace Brethren & Beck Properly Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. b. PZ98-08-Variance Permit (Oversize Sign~Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. c. PZ98-09--Conditional Use Permit (Retail Business}-Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. 7. NEW BUSINESS: a. Lease Application -Tract B, Gusty Subdivision #6 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 to 1997 b. Memo from Councilman Smalley dated 2/26/98 c. Planning Commissioner Training Information d. Chumley Appeal Decision 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 25,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 11,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. Development Requirements Table -Review 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Reconsideration Information b. KPB Borough Plat Committee action of February 9, 1998 c. KPB Administrative Approval-Ruby's Dazzling Scenic View S/D 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI } PLANNING AND ZONING COMMISSION February 25, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Vice Chairman Bryson called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Karen Mahurin, Ron Goecke, Barb Nord, Michael Christian Members Absent: Carl Glick Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -February 11, 1998 CHRISTIAN MOVED TO APPROVE THE MINUTES OF FEBRUARY 11, 1998. MOTION SECONDED BY GOECKE. MINUTES OF FEBRUARY 11, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: -None 7. NEW BUSINESS: a. Development Requirements Table -Review Kebschull reported she had reviewed the development requirements table with the City Engineer and Building Official and their recommended changes are included in the packet for review and input by the Commission. Kebschull reminded the Commission this item is Planning 8v Zoning Commission February 25, 1998 Page 1 one of their goals and objectives. The City Engineer and Building Official would like to meet with the Commission for a full review of the table. After a group discussion it was decided a work session will be held at 6:00 p.m. on March 25, 1998, one hour before the regular meeting. Mahurin asked what the impetus was behind changing the development requirements table. Kebschull replied, when the land use table was reviewed several discrepancies were noted with regard to what was allowed in the zones versus what the development requirements table stated. Kebschull continued, there were also questions about dashed lines and what they meant. As a result, staff went back through the table and made changes based on the land use development table, the zones and DEC and tried to fill in all the blanks. Additionally, the information on the one, two, three-story basement structures was removed because the City Attorney advised that any time a part of a structure was more than a single story it should be considered as a whole building and not a separate structure. Basically some of the changes include modifications, new material, and some that include DEC requirements which the current code does not. Werner-Quade asked if DEC reviewed plats before they came to Planning and Zoning. Bryson confirmed that was correct and noted the change was made about a year ago. Bryson continued, all reliance is given to the private engineer to do the same type of evaluation work DEC required. This goes to the Borough and the engineer certifies that is conforms to the Borough Ordinance. Bryson also noted this was for on- site waste water issues. Mahurin asked if the process was to take action on the item after the work session to include a public hearing. Kebschull confirmed that was correct. Mahurin asked if this was at the direction of staff and not Council. Kebschull answered, Council did not give this direction and reiterated the item is one of the first goals and objectives for the Commission. Bryson noted he had several concerns which include the elimination of the 15' side yard setback; clarification if the 2-stories or greater was put back in the table; clarification of side yard setbacks; and detached accessory buildings near the back lot lines which have been a problem and the attorney interprets the issue differently than the building department. Bryson continued, the section that references the Kenai Airport obstruction criteria on page 72 needs to be re-worded as there is no sheet called obstruction criteria. This should be done before the City adopts the current Airport Master Plan. Planning 8v Zoning Commission February 25, 1998 Page 2 Werner-Quade asked about the detached accessory structures because she understands a building permit can be obtained to put one within the setback as long as it can be moved. Werner-Quade continued, she would like to know what is acceptable and what isn't. She read the definition and it was very vague. Bryson replied, present interpretation from the attorney is that accessory buildings will need to conform to side and rear yard setbacks. Kebschull added, the City accepts them as long as they don't take up more than the 30% or 1 / 3 of the rear yard. Werner-Quade asked if a building permit was required to do this. Kebschull answered, only if it is over 120 square feet, anyone can put up a structure without a permit if it is under 120 sq. ft. Werner-Quade asked where the square footage information was and requested a copy of just that section. Kebschull stated the information is in the building code and accessory structures are covered in Title 14, 14.20.200. Bryson stated that presently the requirement calls for a side yard set back. Kebschull stated the 3 foot to the adjoining lots discusses unenclosed passenger landings or carports but detached accessory buildings may be permitted to occupy the rear yard provided that no more than 1 / 3 of the total area in the rear yard shall be occupied. The City Attorney does not feel that alleviates the responsibility of maintaining the rear yard setback. Werner-Quade stated that some people don't even know they need a building permit to place an accessory building so they are encroached right up to the next lot line. Werner-Quade asked if the building was put together by screws would it be okay. Kebschull replied, those are questions the building official would have to answer. Kebschull stated this issue came up on the Jahrig property on Angler Drive because he hooked up water and sewer to a structure and since it was not enclosed it was considered a principal rather than an accessory structure. The difference is whether or not it is something that is easily movable. Smalley indicated he would not be at the March 25 meeting but he would bring this to Council's attention. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: Councilman Smalley made the following report based on the agenda included in the meeting packet: Planning 8v Zoning Commission February 25, 1998 Page 3 Item A-1, Ron Dolchok asked the City to provide a letter of support to be ~ provided to financial institutions for his pressed wood products. The City requested additional information before providing a letter. Item C-2 identified the parcel of land just outside the fence at Cunningham Park as not being required for public use. The ordinance was amended to identify that particular parcel of land as not being in the Cunningham Park. Members from the family that donated the parcel were contacted and indicated they were comfortable with the proposal. Item C-4 set the appraised value of the land next to Cunningham Park at $2,025.00. The Board of Fish amended their agenda to include the City. The City asked that a portion of the river be closed to dip net fishing. The request was denied but will be pursued again in 1999. City Council will hold a work session before budget time as the impact on the City needs to be reviewed with regard to Parks and Rec and law enforcement. A public hearing will also be held to see what type of comments they have regarding the dip net fishery. Items H-5 through H-10 were approved. There will be two open houses on March 7. The new animal control shelter from 11:00 a.m. to 2:00 p.m. Barry Norwood, the young man who donated $116.01 to the shelter, will be present. The new City well function will be held at 3:00 p.m. Christian asked if Council made a decision on the Chumley appeal. Smalley replied, a decision has not been made and will not until the 30t'' day. b. Borough Planning Bryson reported a meeting was held on Monday, February 23 and the following action was taken: Item F-1 was denied. This was a vacation of 200 feet of aright-of--way in the Lowell Point area. This parcel went from dedicated road way to the bay and is adjacent to property owned by State Parks. The petitioner was attempting to make the case that since State Parks owned the adjacent property it was reasonable to vacate the public right-of--way. Item F-2 was approved. This is a gravel site in north Kenai next to Wik Road. The petitioner was Hugh Chumley. Planning 8v Zoning Commission February 25, 1998 Page 4 Item H-l, request for special consideration granting a waiver variation was approved. The Cater wetlands fill item which was being brought back to the Planning Commission was pulled from the agenda at the request of the applicant as he is negotiating with the State on selling the property. The review period has been delayed. c. Administration: Kebschull made the following report: At the last meeting a question was raised with regard to reconsideration. The information requested is included in the meeting packet. A question was also asked about temporary signs. Staff reviewed the code and it's not clear so this is an item that also needs attention. However, on page 1443 it states that temporary signs not more than 5' may be put up for one week without a permit. In commercial zones it's not clear but any temporary signs, which a pennant sign could be considered temporary, is allowed if not more than 16 sq. ft. total. Staff reads that part of the code as it would be required to fit into the total square footage per business in the commercial zone so they would have to stay underneath which is 81 sq. ft. for one business, including the pennant sign even though it is temporary. A problem with temporary signs is code enforcement. If a problem is brought to the City's attention then a letter is written and hopefully people will comply. The Giffords wrote a letter to the City relinquishing the variance that was granted at the last Planning and Zoning meeting. This was a result of an appeal filed by the property owner (Mr. Amen) who has the lot on the side where the five foot variance was granted. Apparently Mr. Gifford had an agreement with the property owner to have the variance at 10 feet so when the five foot variance was granted Mr. Amen filed the appeal. The variance no longer exists. The city attorney was written a letter asking for clarification of the code regarding home occupations. The attorney advised that he is not going to issue a directive until after the Chumley appeal. In the meantime people will continue to be told that a permit is required. Christian asked for clarification on the temporary sign, if it is up for one week it is a temporary sign, if up a month then it is no longer a temporary sign. Kebschull answered, that's the way the code reads, it could be up for a week then it would have to come down but it would Planning 8s Zoning Commission February 25, 1998 Page 5 have to be within the guidelines of 5' or less. Kebschull continued, it's not very clear if the temporary sign, 5' or less, has to be included in the total square footage in that zone. Mahurin stated during the appeal hearing, Mr. Chumley brought up the concern about Mrs. Ward's home occupation but she didn't think it was part of the appeal. Mahurin asked why the City Attorney was not acting on the issue if it was not part of the appeal. Kebschull replied, she could not answer other than report that the attorney was not going to issue a response. Kebschull added, a letter was received from Mrs. Ward asking for clarification on the code as she did not see where it required her to have a permit. Werner-Quade stated the actual appeal cited three, what Chumley referred to as businesses, in the adjacent area. These were in fact three home occupations, one of which was Mrs. Ward who did not have a permit, the other Mrs. Espey whose permit is no longer in service, and the other was Mr. Quade who has a permit. Mr. Chumley alluded to the fact that there were other businesses in the area so he should be allowed to have his. Since Mr. Chumley tried to tie this into his appeal the attorney may be trying to step back to separate the two issues. Goecke stated that he hoped the City Attorney was trying to separate the issues so that it doesn't become a neighborhood slug-fest. Geocke added, staff should make sure that anyone operating a business in the City should have a permit, regardless of what that business is. Goecke thought that Mrs. Ward read where the code states that a home occupation is permitted but failed to understand that a permit was required. Goecke felt Mrs. Ward should come in with an application and money to get a permit just as the travel agency person did recently. Kebschull clarified there is no fee for home occupations, basically it is just a record keeping so the Commission could verify there is a home occupation and not a conditional use. A conditional use would require a public hearing so neighbors could be notified. Kebschull added, staff interprets the code the same way Goecke did that it is a permitted use and does require a permit from the City, the wording may need to be changed to make that section more clear so that the public could understand it. To better educate the public, Administration is considering advertising in the paper on a quarterly basis about required permits, etc. and adding more to the home page. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission February 25, 1998 Page 6 12. INFORMATION ITEMS: a. Reconsideration Information b. KPB Borough Plat Committee Action of February 9, 1998 c. KPB Administrative Approval -Ruby's Dazzling Scenic View SD 13. COMMISSION COMMENTS AND QUESTIONS: Bryson reported the City of Soldotna has a free planning commission training program scheduled for April 18, 1998 from 9:00 a.m. to 4:00 p.m. John Isaacs, the association planner from Dames & Moore and Max Best, the Borough surveyor were invited to speak. Best will cover Borough requirements on plats and Isaac's will cover everything else. Anyone interested in attending should contact Kebschull. Nord had no report from the Kenai River Quality Monitoring Group as she was unable to make the last meeting. Christian reported that Blockbuster Video had asemi-truck sitting on the bike path unloading. The area which was supposed to be for their dumpster is now being used as a delivery site. It was also noted the dumpster still didn't have the shield around it. Smalley confirmed the City was aware of the problem. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8v Zoning Commission February 25, 1998 Page 7 ,~ February 25, 1998 CITY OF KENAI ~y ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 1III~1 1992 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 March 1 1, 1998: PZ98-07-An application for a Variance Permit for an oversize sign with internal lighting for the property described as Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska 99611. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidafgo, Suite 200 Kenai Alaska 9961 1-7794 prior to March 1 1 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: February 20, 1998 Res: PZ98-07 GENERAL INFORMATION Applicant: Kenai Grace Brethren Church Christopher A. Hay, Pastor 406 Mc Collum Drive Kenai, AK 9961 1 Requested Action: Sign Variance -Oversize & Internal Lighting Legal Description: Lot 1, Grace Brethren & Beck Property Replat Existing Zoning: RR-Rural Residential Current Land Use: Church Land Use Plan: Medium Density Residential ANALYSIS The applicant states the Church wishes to replace their current sign with a new, up-to-date, attractive sign. The new sign would be 35 square feet with internal lighting. The KMC allows signs of no more than 32 square feet in this zone. In addition, the code allows for indirect illumination. A sign permit will be required. City Engineer: None. Building Official: No additional comments. RECOMMENDATIONS Approval. ATTACHMENTS: ~ 1. Resolution No. PZ98-07 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-07 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 Grace Brethren Church Located: 406 McCollum Drive (Lot 2, Grace Brethren & Beck Property Replatl, Kenai 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: 11 That an application meeting the requirements for a variance has been submitted and received on February 18, 1998 21 That this request is located on land zoned RR-Rural Residential 3) That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (d) (2) (31 Sign Size and Internal Lighting-35 square foot sign with internal lighting. 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 March 1 1, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, March 11 , 1998. CHAIRPERSON ATTEST: Planning Secretary i u u~ ~ * ~~. ~ ~ '. i= BICE\TENVIAL Yi~e axt~a~ tG'cfiJ m~a ~uf~e ~ CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPF30NE 283-7535 FAX 907-283-3014 DATE : ~~ - l ~ - APPLICATION FOR VARIANCE PERMIT NAME: ,~Q.~~~ ~f;,~c~ ~ce'~V~fe~ C~»rc~ PHONE: ~-~53' ~3~ 1 MAILING ADDRESS: 4~~, h~ C~1(Ula-. ~T. L~~l~~ T-ic~~~F~~ws3~ LEGAL DESCRIPTION OF PROPERTY INVOLVED: CCact~~ct~~~ ~QCk p~v4e~~y ~.eolp} Laf 2 ZONING DISTRICT (Circle one): C ~RR~ RR-1 RR-2 RS-1 RS-2 RU/TSH CC ~~~~ IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ ~~ Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. ~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ~~ The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. ~~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. WIL~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~l~ 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: 1~Q ate t~~4ltrs~t~+~i ~e~~r'sSIE~- t© ~ep~kee Oc:r Z~C~S'~~i ~lC i rh. t,. ~t~-~ ~~ -~~ -c#a~~ ~1 1 t ~(~r t~ Si , ~ ~-~, i `Ea c:• o ~ Applicant's Signature: '~; C~e~Stopl.~-~ ~- 1 y , 1~as~or Approved: CHAIRPERSON Attest: Marilyn Kebschull, Secretary (, _-~ ~~~ C:\WPDDCS\FORMS\VARIANCE.PG2 ~\ J~ r~\ V .~ q I ~ po~° ~on'~ ~o~ ~ ~3 ~ C~ac~o o ~o~~r~o~ ~ C~G~~~~G~ p~opo S89°59'48"E 297.61' io:,Y _ T70' Utility Easement 33' I ^ I 15.0' 35.3' .tl tV a a .~ n ~ (N~ T ~ '~. tV a I a `r 3 rnI O . ~ 2.0' ~ .•7 v shwa _ _ ° o : ai . n ,n .10.2' ~ l t] I ~, 1 52.3' ao.z a '.' conc.(tNP) a s N ' 0 n froatdvxilk o - I ~ car sto I ~ M ~ ~- a N ~ - I N °~ ] m m N . I ~ ~~ ~ ~ N O 1p o I, W ~ E I gravet M _ ~ 3 a U I. _ parking 7 o, N N Lot One Note: Lot served by city water & sewer S89°59'48"E 1 ~~~ ~ 3 '~ ~ 0 Z I of rVJ ~ I I / 0 O r I I / O. i v U I / 5 ~(~,, ~jJJ '~ ~I 33' / ~0~~ Bag g / ~~ R , ~~ ~?os~2j 1 ~25~ / N6 { ~ti ~_ Ile ~ ~ $~ ~ ~ I 5 51/16 34 AS-BUILT CERTIFICATION LEGEND As-Built Certificate Monument (found) 1 hereby certify that the imtxovements hereon exist as • Rebor/Pipe (found) shown on the following described property. Lof?One Date: 4 June, 1996 F.B. //: 96-1, Pg 22-23 Grace Brethren & ~k_Property Replat Scale• 1" = 50' Plot: 76-13 KENAI RECORDING DISTRICT and that no encroachments exist except as indicated. 'I ' ;;. Exclusion Note: Drawn: CB W.O. #: 96050 Disk: D15\Grace Brethren It is the responsibility of the Owner to determine the 1[1OT~d'lE~x1R,lI'H'X 5>L71E$~TEXS existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. 605 Swires Drive Kenai, Alaska 99611-8363 Under no circumstances should any data hereon be PHONE - (907) 283-9047 used for construction or for establishing boundary or SURVEYORS FAX --- (907) 283-9071 PLANNERS fence lines. :~ ~o~ ~ D}~@ , loo ~ ui N 3 00 ~ O z nQ V y~ e, ii V~ w o'" Y ~_ Ord WVa~ U t~ Z C ~~x~ ~~ Y ~,~ ~ce ~~~~. ~~ .l ~~ CONCEPT SUPRA I VERTICAL .ved with no changes. date I. ved with listed changes 2, date 3. KENAI GRACE BRETHREN CHURCH 406 McCOLLUM ORlVE KENAI, AK 89611 907-283-4378 -t ~~-~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 February 25, 1998 aE/Eo ~"~'~ _ _ FAX 907.283-3014 ~ r~r.eon 'IIII' _, ~ I . `~ , l ~. .~ ~ ~ U 6~'~~' ~ _; 6 r ~ ~~ ,, --~ ~ ,, ~~ ~ .~ CITY OF KEt1 PLANNING AND ZONING PUBLIC HEARING ;OMMISSION OTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of March 1 1, 1998: PZ98-07-An application for a Variance Permit for an oversize sign with internal lighting for the property described as Lot 1, Grace Brethren & Beck Property Repiat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska 99611. The Meetir:g evil! commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidafgo, Suite 200 Kenai Alaska 9961 1-7794 prior to March 1 1 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY J ~ ~ ~/ ~ -~ /,G ,219 CITY OF KENAI (~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~,~ _ ~~ '~II~- ,~~ February 25, 1998 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 March 1 1, 1998: PZ98-08-An application for a Variance Permit for an oversize sign for the property described as Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska 9961 1. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to March 1 1 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: February 23, 1998 Prepared By: JL/mk Res: PZ98-08 GENERAL INFORMATION Applicant: Spur Road One Stop Reann D. Pitts 5455 Kenai Spur Highway Kenai, AK 9961 1 Requested Action: Sign Variance -Oversize Legal Description: Lots 6, 7, 8, Block 3, Thompson Park Subdivision Existing Zoning: CG-General Commercial Current Land Use: General Commercial Land Use Plan: General Commercial ANALYSIS Applicant is requesting a variance to allow for a sign with 160 square foot signage. This zone allows for a square footage total of 84 square feet per business and a combined square footage of 154 square feet for all businesses on the premises. The drawing provided shows four signs. Those signs show a combined size of 160 square feet. The applicant failed to note size specifications for the "Tesoro" sign. Because of this, staff questions if applicant failed to include this sign in the variance request. Staff estimates this sign to be approximately 60 square feet to equal a total of 220 square feet. As the liquor store requires separate licensing, these businesses could be considered for signage under the section of the code that allows for a total of 154 square footage for all businesses on the premise. Using this determination, the variance being applied for would be for an additional 58 square feet over the allowed 154 square feet. City Engineer: j In 1996, the MAPCO at the corner of Bridge Access and Spur Highway requested a variance for a larger sign. This was denied. It may not be appropriate to approve a variance with similar circumstances. PZ98-08 j Staff Comments Page 2 Building Official: Sign Permit #222 was issued on 2/17/98 for the initial Tesoro sign of approximately 60 square feet. An additional sign permit will not be required if the variance is approved. RECOMMENDATIONS Considering public input and history of similar requests, recommend keeping the square footage under 154 square feet. ATTACHMENTS: 1. Resolution No. PZ98-08 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-08 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 :Spur Road One Stop Located: 5455 Kenai Spur Highway (Lots 6, 7, 8, Block 3, Thompson Park SD), Kenai 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 February 18, 1998 2) That this request is located on land zoned CG-General Commercial 31 That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (e) (1) (3) Sign 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. 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. 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 March 11, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, March 11 , 1998. CHAIRPERSON ATTEST: Planning Secretary t 0 ` L' ~~ „q ~ * 'r. ~ E N I ~ ~ , \\ )_ I~ BICENTENNI.~L yc~aye wrlJ~a~ tL'cfy"m~a ~utii~e! DATE: ~~17I~~ APPLICATION FOR VARIANCE NAME : ~ ~ Li; ~ 1 ~ ~-4 D ~1 ~1i ~ `?T ~' ~ PH027E ~'8~ 2~5r7g`~3 MAILING ADDRESS : ~ 4 ~ ~ K ~~~ ~ ~ ~ `"~~~` ~~`~ LEGAL DESCRIPTION OF PROPERTY INVOLVED: l^~7 lol~/`~~ ~~ ~ ~~~~~~ ~~ S~.c~~- ZONING DISTRICT (Circle one): C RR-1 RR-2 RS-1 RS-2 RU/TSH~ CC CG ~ IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. '~ 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. 2.0~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. ~~,~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ~-~ The special conditions or circumstances have not been ~ caused by actions of the applicant and such conditions and circumstances do not merely cons `itute a monetary hardship or inconvenience. CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 3T5e3i~.. FAX 907-2 3014 ~ECEr{,CD -;~ C V C VARIANCE APPLICATION j Page 2 5. ~~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. `~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~ The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS : ~ ~ S T ~~ ~2 ~.4/L...l,.~*-/`~'~"--~ T~ ~I-(~.Q w S (rv N c..~ ~ ~ ~O 0 S~ ~f ~ r ~sL-~,~ ~ ~ ~ _ Applicant's Signature: /(~i, Approved: CHAIRPERSON Attest: Marilyn Kebschull, Secretary C:\WPDOCS\FORMS\VARIANCE.PG2 ~xr^~ *~ 2 ~ ~ ~' ~' ',p 1 ~ ~P j -- - 3 i ~ 1 e ! - ~ ~ ~ y~ ~~ ~4 ~ i - - -- ~~ J=am ~ F r. - i s i~ f i ..~......~.. e CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ai-~ua~r ,III' 1992 February 25, 1998 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 March 1 1, 1998: PZ98-09--An application for a Conditional Use Permit for a retail business for the property described as Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom & Vicki Fruichantie, 5040 Beaver Loop Road, (P.O. Box 2266), Kenai, Alaska 9961 1 . The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to March 1 1 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: February 23, 1998 Prepared By: JL/mk Res: PZ98-09 GENERAL INFORMATION Applicant: Tom & Vicki Fruichantie 5040 Beaver Loop Road (P.O. Box 2266) Kenai, AK 9961 1 Requested Action: Conditional Use Permit -Retail Business Legal Description: Lot 8, Block H, Beaver Creek Alaska Subdivision Existing Zoning: RR-Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS Applicant is requesting a Conditional Use Permit for a retail business in a residential area. Applicant proposes to build a structure on their lot to accommodate the business. The lot is large enough to accommodate the additional structure. Access to and from the business would be from Beaver Loop Road. City Engineer: No comment. Building Official: A building permit can be issued at any time, the proposed structure is a pole-barn type building which is an accessory structure and does not need prior approval by the Commission for construction. However, the use as a retail business does require approval before they can operate as a business.. RECOMMENDATIONS ~ Consider public input and recent history of similar requests. Based on the information provided by the applicant, this use may be compatible with the area. The Commission may want to place limitations on the permit; specifically, that the Commission must review any changes or modifications to stated plan. PZ98-09 Page 2 ' Staff Comments ATTACHMENTS: 1. Resolution No. PZ98-09 2. Application 3. Drawings } CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-09 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: TOM & VICKIE FRUICHANTIE, P.O. BOX 2266, KENAI, ALASKA 9961 1 USE RETAIL BUSINESS LOCATED 5040 BEAVER LOOP ROAD, KENAI, ALASKA WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: February 18, 1998 2) This request is on land zoned: RR-Rural Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: March 1 1, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED RETAIL BUSINESS 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, MARCH 11 , 1998. CHAIRPERSON ATTEST: Planning Secretary ,J; . RECEIVED ~i8~ CITY OF KENAI CONDITIONAL USE NAME ~ m ~ Y (~ ei~~ ~ e~ ~ r'e PHONE qv7~ ~ •,~J~ ' '~'~ MAILING ADDRESS a 6)(, lie ~Z~.OLP f ~.~ (p ADDRESS SO 4'O ~eQ r ~® ~~ 1'1 i~ LEGAL DESCRIPTION ~O~'" $, ~3 ~ ock t-t ~e~c,ver ~,ee,~ A-la sK~ ~~ ~~ V,'~,' ZONING DISTRICT C 1 RS RS-1 RS-2 CC CG IL IH R RUl Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a ~ ~ conditional use permit is required for the proposed development as described• ~. - .~ r ~ P g ~ Please submit site Plan, Map (if available) and ~;~' Traffic Flow & Parking Please submit plans showing the location of all / existing and proposed buildings or alterations, ~ v elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before 1`,~ the issuance of this permit. A $105.00 non-refundable l~ depositJadvertising fee is required to cover these notification costs. (Please see attached sheet). ,~ ~°~w ~~ An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed ~~ sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL CONIIKENTS Applicant Signature: ~ Date:~l~ Approved at P&Z Meeting: Approved: Chairperson Attest: - ----- -_ - - - - arni ~~ re~--az I 1~,,tsjn~ss, c'~~~ ~ r~ --- _ ___-___ _ __- _--- _ __. _ n eXf_ ~o__n e w-_rf~~'ylS ----_ - ----- ------- -_ _ancl.__ a ~e~~e d - b~--- ccn _- esfc~~ Z ~`sh~e d den a,~ - -- ------ __ _.____~am~_I_y,___- iw~i~h_ ~~__l~ __ _ roY~`d~__ l~(enc~--G~~ea_.__- _ --- -_ ___ _ - _ __ _ re 5 ; der~f~ w~ fh G c~'d c~.1~1 ~. ~ s E c~ csr - _ - -- _ _ ------ - --~n'e-- - ~ISLY_i~e ss _ ~ ~ LL- -~~_--___ o e c~.~'- o~ ----- _ -- ---- __ _ -- -- - ~l c _- -_----- - -~'V~G_cKi _~ h~ _~Si n~ss ae~ ss-~.~.E..~. _ ___ _ _ -- ~'- - --- ---- l-_c~~~-h -th.e _.~3~r_~~~r, 1~a~ ~ ~x~ fo ~u.~- - ____ . . -- - ---___ _ _ -~a~n~,- i-c~~__Cg1-~--__~~tsfl~ ir1 ~~~ _ QttY-- C`lc~ ~'~n~_ _ _ - --------- - f~ea~i~~n~- _ ~f~~m _ski'//s __ ~ sse~~icr~ _ fc f`~e~j^ _ _ - - -----_ _ _-_------- __ _~u.Y ,(~L-»-~Y1~~1-1_ w~ // ,~2e Ci~sf N~ecti'c,~., - - - -_- - _ ~C'GZ~. rs-e rf lv~ l_l - ~P~-t,C ilk ~i1~ ~e /~~C i~'77i`~~~, - -----_ -- - .---- -- _ with _f?~arith~ _ Lct~~l~fi~eS ~e(~~ n~i~7imaP _ _ - - - - - _ _ ~ eat c~a~c~' ~~ht ~ -- cr/~C~ Lt~?e ~~s~ ~r,o-t~frc~~ - - _- _ _ -~cr wn sec cir~_~ --.and ~yoke~~. - _ 'a ~ s° Beaver Loop Road N39 '38'E 132.00' 100' ROW service ~=v~.. ,'--'" d 32.1' g s ~i;:.;;r; R . . d 33 6' eck o~ 30.5' b . i>v ~-._ '.. "" ~ .'..'_32.8'...' . 13.9' 21.9 ~ d ~.. a ....... N ~.. N I-StOTf~ house ,.Nj ._. ~._. ~(~... . ~ .. l~~•... . '~ 22.1. ../........ 44.5' ~ 31.9' o vi ,~ deck ~ 32.0 _ n ~ ,~ c -. ~ o ~ N N 2 ~ u f i p ~ ~ ~ '~p~ chi y Q ~ Cam} ~, pg [ y ~ F ~ ~ ~ 0 - 32.6' 0 0 ~ 24.0 o ~ o ° ~ o M ~ ~ _ 46.5_ _ ~ M _ O ~ O N N N °- shed ~ ' ~ N 0 47.0 10.1 o ~ O O Z z ~ Lot 8 Block 'H' ~~~. I LEGEND • Rebar (found) Note: All improvements shown are existing and located from prior As-built with the exception of the proposed structure. PLOT PLAN O Well D Vent Pipe Scale: l" = 40~ F.B. #: N/A KENAI RECORDING DISTRICT Plat: 81-101 Date: 20 February, 1998 Drawn: CB W.O. # 98020 Disk: \D27\Beaver ~ ~ s~~~ 605 Swires Drive, Kenai, Alaska 99611-8363 SURVEYORS PHONE - (907) 283-9047 PLANNERS FAX --- (907) 283-9071 S39'38'W 132.00' ~~~~ ilttni CERTIFICATION IMI Plot Plan Certificate I hereby certify that the proposed improvements hereon are as shown on the following described property. Lot 8 Block 'H' Beaver Creek Alaska Subd. Amende Exclusion Note: It is the responsibility of the Owner or builder, prior to construction, to verify proposed building grade relative to finished grade and utilities connections, and to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. a n (~ W ~ ~ _ Z ~ q O ~ J W ~" °' L.~ Q ,~ X ~ ~ a z J ~ ~ •ss N~S~ 'ts ~~ 0 e a za W 2 Y a O ~ a~ }~ F J U W p x ~~~1 5QV~ t ~, e o ~ ~ •.ts H~~~ _ • ° -~ L - ~ ~ 0 ~~J n l.~ , 1 ~ ~ lJ b O a ~ 0 "' ~~ r N n el s ~ a °L C~ 3f3/98 To; City of Kenai, Planning & 'Lonit~ Commission 210 Pidalgo, Suite 200 Kenai, AK 99611 Re: PZ 98-09, ~nditionat use for retail business, Lot 8, Biock H, Beave reek Alaska SubdiX' 'oc~0 0 $e~er Loop Road. From: .fames E. I e'f,17 [ Fart~ror[t-,~olaotna, yyvay Phone: 2 -9601 fax 262-9641 T[~e proposed conditional use does not appeal objectionable. However, since a commercial use is planned, and can result in later expansion or changes, a condition should be placed upon the permit that will guard against any possible commercially produced runoff into the adjacent anadryrnous salmon stream, Beavec Cree[c. [ am aware that tE~e property is not immediately contiguous the stream bank but the rear boundary is probably within an estimated 100 feet of the stream bank. Cc Tom 8c Vicki Fruichantie P.O. Box 2266 Kenai, AK 99611 CITY OF KENAI ~~- -- G~ ~ >Q~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 Memorandum Date: February 23, 1998 To: Kenai Planning and Zoning Commission From: Kim Howard, Administrative Assistant For: March 11, 1998 Meeting RE: Lease Application -Tract B, Gusty Subdivision #6 Attached is a lease application submitted by James H. Doyle for the above referenced property. The property is located at the intersection of Coral and Cohoe Streets and is shown on the attached map. The applicant currently leases this property and the lease will expire on June 30, 1998. He wishes to enter into a new 10-year lease for the same purpose (to park semi-trailers). The property is Airport Land. Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation Administration. This property is located in the runway protection zone and pursuant to requirements of the Federal Aviation Administration, the lease will include a clause stating the City reserves the right to cancel this lease on 90 days notice. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and comprehensive plan of the City. Your recommendation will be forwarded to the Kenai City Council for their March 18~ meeting. Cc: James H. Doyle /~ Attachments 'III~~ 1992 RECEIVED DatQ x~cQived a ~/7 CITY OF KENAI ~ /•do r~.~+ Z 3 ~ 10 Fidalgo Ave. , Kenai, Alaska 99611 283-T330 ~, ~r~j,E~.GC ignatur+e and -t1tlej CITYO~KENAI LEASE APPLICATION A MI I TRATI N Name of Applicant ~Q.tMeS ~ Qa~/l.~ Address ~j,~ ~~,! .~~~ ~e~Cc.t~ ~{~C/~~~~ Business Name and Address Kenai Peninsula Borough Sales Tax No. ~~~- (if applicable ) State Business License No. ,//~/~ (if applicable) Telephone ~ S3- 77,.5"'7 Lot Description ~f~~c. ~~ Desired Length of Lease Property to be used for ~v~Q,'L~r J f~Ya ~,~ Description of Developments (type, construction, size, etc.) /~o n t Attach development plan to scale (1" - 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date /~ ~- Proposed Completion Date Estimated Value of Construction $ Date : 2- Z J ,._~7 Date Signed: ~~ .~C~ Signed: 1 ~, CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings ~ n-E 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas) ~ 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit require 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 This does not have to be drawn by an architec~ or engineer. 2 BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 Description of Property .,~Z~~ ~; i~i ~ /l~Q. CONDITIONS OF ACCEPTANCE (To be completed by the City) A n n u a l r e n t r/a~t e o r c o s t ~~ ~/ ~~~l~iL~~w~ /~~~~~J Z one d f o r /~'yl~~~~rr-ra~iiJ~~ ~ Permits required ,%~-~yt..e Assessments Insurance required ~c~~ (~(/ ~~' , Construction must begin by ,r~/fj- Completion date for major construction ,~~~tt- THIS APPLICATION WILL BE MADE A PART OE THE LEASE Plannin Commissi n pp oval: BY~ ~ . '~- , Date of Approval Ch irman City Council Approval: BY~ , Date of Approval City Clerk //f ~~ 4 W ~W ~ J r ~ ~ ~ J Q Jy ~ ~ W I C/7 W ~ 3 ~ Z Q J' Q O J is oas -----^-----J ' \ / ~ \ / \ ~ 1S ONZ i ~ /, /, Q ~ ~= ~ H ~( 1 Q W ~ ~ / 1;. z: '•. ~: I _ _ ~ r ~. ~ ,~ ~" ~ Q~ ~ . c' ~ ~. ;~ e~ .~ ~ / ~ti e ~ ~ 8 ~ ;~ ; 0 -( ~` ~ ~' NIT ~\~ `" ~'.. ~ _ g. U ~ _ ~,~ y ~ ~ -, - ~ ~~- r,~ .~ _ - -~ __-- u~ 1~ ion AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 4, 1998 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /wwa-.Kenai.net/city 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 anal noncontroversial by the Council ar~d 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) Brad Schuh -Sooner or Later Marketing Co./Kenai Peninsula Business Cartoon Map. C. PUBLIC HEARINGS J~K•o~G~ ~ , 1 • Ordinance No. 1774-98 -Finding That Certain City-Owned Land, n~~~b1e.iz_ Described as Lot 12, Block 2, Mooring by the River Subdivision, is Not Required for a Public Purpose. ~~,^~,~~~ 2. Ordiiaaace No. 17?5-98 -Increasing Estimated Revenues and Appropriations by $1,500 in the Council on Aging -Borough Special Revenue Fund. ~,~,~~ ~ 3. Resolution No. 98-8 -Requesting the Alaska Municipal League to Host the 1999 AML Local Government Conference in the Kenai/Soldotna Community. }~~~ ~ 4. Resolution No. 98-9 -Awarding the Bid to Kenai Chrysler Center for a 1/2-ton Sport Utility Vehicle for the Total Amount of $28,452. -1- ~,~~ u. 5. Resolution No. 98-10 -Authorizing the City of Kenai's Administration to Apply to the Department of Environmental Conservation for a Disadvantaged Assistance Grant from the Alaska Drinking Water Fund for Well Houses and Pumphouse Modernization and Upgrade. 6. *1998/99 Liquor License Renewals Mr. D's -Beverage Dispensary License/Tourism Fraternal Order of Eagles #3525 -Club License D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of February 18, 1998. F. G. OLD BUSINESS H. NEW BUSINESS ~I°~~ 1. Bills to be Paid, Bills to be Ratified /~~~"ov~ 2. Purchase Orders Exceeding $2,500 - None Scheduled. -2- I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- Members: John HammeMnan AreawirN Term Expires 1888 Ellis Hensley Nikiski Terre Expires 1889 Brent Johnson Kasilof Area Term Expires 2000 Ann YYhitrnore-Painter Moose Pass Area Term Expires 2000 i ALTERNATES: Philip Bryson Kenai City Term Expires 1888 Leroy Gannaway Homer City Terre Expires 1898 KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT SOLDOTNA, ALASKA March 9, 1998 5:30 P.M. Tentative Agenda ~ A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Philip Bryson 3. Minutes a. February 23, 1998 D. CONSIDERATION OF PLATS 1. Simonds Tracts No. 2 Oilwell Road & Ninilchik River Preliminary; Johnson Surveying KPB File 98-039 2. Original Townsite of Seward Hafemeister Replat Seward City, First Avenue Preliminary; Johnson Surveying KPB File 98-040 3. Renfro's Lakeside Retreat No. 3 Seward Highway, Victor Creek Preliminary; Integrity Surveys KPB File 98-041 4. Chumley Tracts No. Two Sterling Highway, Robinson Loop Area Preliminary; Integrity Surveys KPB File 98-045 IC b i '"~~ ~~ °{ of ~~~ ,.~ ~ Asti 'a ,~ ~,,,.. *R~.,:. ;~ ,,~ , ~ {~' 5. Birch Hollow S/D Farrally Addn. Bear Drive, east of Forrest Drive Preliminary; Swan Surveying KPB File 98-042 Withdrawn by Surveyor 4 R r'~ `~~6. Towle S/D Olsen Addn. t Towle Avenue, Cooper Landing Preliminary; Swan Surveying KPB File 98-043 7. Memory Estates Silver Salmon Creek, west of Cook Inlet Preliminary; Swan Surveying KPB File 98-044 8. Folz S/D SBS Addn. Exit Glacier Road, north of Seward Final; McLane Consulting Group KPB File 98-004 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is March 23, 1998 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING j ASSEMBLY CHAMBERS SOLDOTNA, ALASKA March 9, 1998 7:30 P.M. Tentative Agenda John Hammehnan Chairman Areawide Term Expires 1999 Phiup vice Chaim~an Kenai City Tenn Expires 1998 Ann Whitmoro-Painter Parliamentarian Moose Pass Area Tenn Expires 2000 Peggy G. Boscacci PC Member Seldovia City Term Expires 2000 Wayne Carprnter Pc Member Seward city Tenn Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 1998 Wes Coleman PC Member Soldotna city Tenn Expires 1999 Leroy Gannaway Pc Member Homer City Term Expires 1998 Ellis Heasley, Jr. Pc Member Nikiski Tenn Expires 1999 Brent Johnson PC Member Kasilof Area Tenn Expires 2000 Tom Knock PC Member cooper Landing Tenn Expires 1998 A. CALL TO ORDER B. ROLL CALL ,,, ~ ,., ~:, ::~ ~ . ,R,T ~a ,,,,~'„ C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agrnda are considered routine and noncontroversial by the Planning Comnussion and will 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 from the cxtnsent agenda and considered in its normal sequence on the regular agenda. ffyou wish to continent on a consent agenda item or a regular agenda item other than a public hearing, please advise the reca~ding secretary before the meeting begins, and she will inform the Chairman of your wish to commrnt. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 -None 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Kenai; Beaver Creek #10 Exploratory Gas Well; Marathon Oil Co.; AK 9802-OG b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. Kenai River Habitat Protection (21.1 S) a. Annual Report for Habitat Protection Tax Credit ~~~ ~~~~ ` ~`/~~ %8 ,~ 1 4 ~ k +~ 7. Commissioner Excused Absences a. Phil Bryson b. Bob Clutts c. Tom Knock 8. Minutes a. February 23, 1998 Plat Committee Minutes b. February 23, 1998 Planning Commission Minutes D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS -None G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Meridian Park Lot 17, Block 4; Petition to vacate ten foot utility easement within north boundary, adjacent to Romack Court. Sec 13, T1N, R1W, S.M., Alaska; KPBPC Resolution 98-07; KPB File 98-034 H. SPECIAL CONSIDERATIONS 1. Meridian Park Lot 17, Block 4; Building Setback Exception KPBPC Resolution 98-08; KPB File 98-035 2. Plat Waiver Applications a. P/W Tilbury, Steven A & Patricia E No. 1; Sectionl4, T2S, R12W, S.M., AK; KPBPC Resolution 98-09; KPB File 98- 037 b. P/W Tilbury, Steven A & Patricia E No. 2; Section 12, TZS, R12W, S.M., Alaska; KPBPC Resolution 98-10; KPB File 98-038 c. P/W Daniel S. Wurst; Section 17, T2S, R12W, S.M., AK; KPBPC Resolution 98-11; KPB File 98-046 z I. CONSIDERATION OF PLATS 1. The Plat Committee will review seven plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS 1. Prior Existing Use for a Sand, Gravel or Material Site determination; near Ninilchik; Simonds; KPB Parcel Number 15904331 Withdrawn from agenda by applicant. 2. Prior Existing Use for a Sand, Gravel or Material Site determination; near Ninilchik; Simonds; KPB Parcel Number 15901313 3. Prior Existing Use for a Sand, Gravel or Material Site determination; near Ninilchik; Simonds; KPB Parcel Number 15901242 4. KPBPC Resolution 98-12 Regarding Vacation of Section Line Easements as Requested by the Kenai Peninsula Borough Trails Commission M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Creekwoods Park S/D Tract A -Building Setback Exception; KPBPC Resolution 97-45: Granting an exception to the twenty foot building setback limit for a portion of Tract A, Creekwoods Park S/D (Plat 86-100 HRD); Sec 20, T2S, R14W, S.M., Alaska. Located North of Happy Valley; KPB File 97-233 Postponed until additions! information is provided. 2. Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec 13, T6S, R14W, S.M., AK. North of Homer, west of West Hill 3 Road; KPB File 98-010 Postponed until brought back to the Commission by staff: 3. Ordinance 97-75: An Ordinance Amending KPB 17.10 Regarding Classification of Borough Lands Postponed to March 23, 1998. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet March 9, 1998 at 5:30 p.m. in the Planning Department (top floor), Borough Administration Building, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is March 23, 1998 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is March 23, 1998 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRETy Notice of Appeal of Planning Commission Decision; denial of vacation of unnamed right-of--way adjacent to Martin Subdivision, Seward area; Fischer 2. Kachemak Bay Advisory Planning Commission February 5, 1998 Minutes 3. Kachemak Bay Advisory Planning Commission March 5, 1998 Agenda 4. Kachemak Bay Advisory Planning Commission March 19, 1998 Agenda 5. Kachemak Bay Advisory Planning Commission April 2, 1998 Agenda 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/Planning.htm OTHER MEETINGS Kachemak Bay Advisory Planning Commission March 5 KPB Trails Commission March 5 Funny River Advisory Planning Commission March 9 Cooper Landing Advisory Planning Commission March 11 KPB Material Site Task Force March 11 Kachemak Bay Advisory Planning Commission March 19 Moose Pass Advisory Planning Commission April 1 Kachemak Bay Advisory Planning Commission April 2 Anchor Point Advisory Planning Commission Apri17 Cooper Landing Advisory Planning Commission April 8 Funny River Advisory Planning Commission April 13 Kachemak Bay Advisory Planning Commission April 16 I;~,~ 1 memorandum Date: 3/6/98 ~~ ~~, To: The Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant RE: CONDITIONAL USE PERMITS -1995 TO 1997 Recent Conditional Use Permit applications have drawn attention to KMC 14.20.150 (b)(1)[i] that reads, "Such uses must be similar to principal uses permitted in the zone." A review of principal uses in residential zones shows that they include family dwellings, churches, essential services, farming/gardening/general agriculture, off-street parking, and radio/TV transmitters/cell sites in the RR zone. Attached is a report showing Conditional Use Permits that were reviewed by the Commission during the years 1995, 1996, and 1997. This report shows permits in residential areas and the Commission's decision on the request. This information may be helpful to you when reviewing future Conditional Use Permit applications. a ~~ !"'~ ~ c~ ~ ~ ~a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 N Z -o 'o ~v ~o ~v ~o ~v ~o -o v ~o ~v v ~o ~ ~ ~ a~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ O > > > .b > .b > > > .b > > > > > > > ~ 0 0 0 ~ o ~ 0 0 0 ~ 0 0 0 0 0 0 0 o. a a. G a a a a. a a a a a a a. ss. o. Q ¢ ¢ ¢ ~1 Q Q d Q d C1 Q d ¢ d ¢ d d (9 ~n v~ ~n ~n ~n ~n v, ~o ~c ~o ~o ~o ~o ~o ~o ~o ~o a a, o, o, o, rn a, a, o, o, a o, rn o, o, a, a, ~.. 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DATE: February 26, 1 98 _ RE: DEVELOPMENT REQUIREMENTS TABLE During their February 25, 1998 meeting, the Planning 8s Zoning Commission set a work session for 6:00 p.m., March 25, 1998 immediately prior to their regular Commission meeting. The purpose of the work session is to discuss possible amendments to the Development Requirements Table which determines lot size, setbacks, percentage of lot coverage, etc. in the zoning code. Copies of the current table and draft table are attached for your review and information. The Commission requests council to consider attending the work session for background and because any amendments subsequently approved by the Commission will come forward to council for final consideration. Alight meal will be available. clf C:~ SOLDOTNA INVITES YOU TO FREE PLANNING COMMISSIONER TRAINING Saturday, April 18, 1998 9:00 a m to 4:00 p m Soldotna City Hall FEATURING [Morning Session 9:00 am to 12:00 Noon) Role of the Planning Commission Review of Existing Codes & Related Regulations under Purview of Commission Planning Activities under Purview of the Planning Commission Platting Ordinance Commission Meeting Agenda and Format Staff Role and Record Keeping LUNCH INCLUDED] [Afternoon Session 12:30 to 4; 00 pmJ Conducting Meetings Public Hearings and Responding to the Public Decision Making Findings of Fact Appeals and Other Challenges Case Studies Improving Working Relationships FACILITATED BY: Jon /saacs, Associate P/anner for Dames & Moore Mr. Isaacs has been previously involved with the Soldotna Planning Commission on revisions to the Comprehensive Plan, facilitating discussion of appropriate uses for municipal airport lands, and the Soldotna Mainstreet Alaska project. He has also provided Planning Commission training for other local governments in Alaska and assisted with the Alaska Chapter of the American Planning Association boards and commissions training sessions. Max Best, Borough Surveyor, Kenai Peninsu/a Borough Mr. Best will be presenting information on platting, i.e., what the Borough wants to see on plats, what they look for when a plat comes in, what the City Staff and Commissioners should look for when reviewing plats, etc. RSVP /iy Friday, Ap~i/ 10, 1998 to Sharon Ba/dwin So/dotna City Ha// 177 North Birch Street So/dotna, A/aska 99669 Phone 262-9107; Fax 262-1245 ~~ BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL BY HUGH CHUMLEY and JOE CHUMLEY OF DENIAL FOR A CONDITIONAL USE PERMIT Case No. BA-98-1 DECISION The appeal of Hugh Chumley and Joe Chumley is DENIED. I. PROCEDURAL HISTORY On December 11, 1997, Hugh and Joe Chumley applied for a conditional use permit to allow aretail/wholesale business or business/consumer services on Lots 6 & 7, Papa Joe's Subdivision, City of Kenai. Those lots border the Kenai Spur Highwav and aze located in a Rural Residential-1 Zone (RR-1). The neighborhood in which the lots are located is sometimes referred to as the MAPS neighborhood because it is bordered by McCollum, Aliak, Princess Streets, and the Spur Highway. See attached map. Under the Kenai Zoning Code's Land Use Table in effect at the time of the application, "business/consumer services" or "retail wholesale businesses" were allowed in the RR-1 zone only by conditional use permit. The requirements for a conditional use permit are contained in KMC 14.20.150 On January 14, 1998, the Kenai Planning & Zoning Commission held a public hearing on the permit application. Thirteen people, including Hugh Chumley, spoke at the public hearing. All except Mr. Chumley were opposed to the project. Most of those who spoke were residents CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page lof 8 of the MAPS neighborhood. They testified the development would harm the residential nature of the neighborhood and violated the intent of the RR-1 zone. Also opposing the request were the principals and PTA presidents of the Kenai Middle School and the Kenai High School, which are located nearby across the Spur Highway from the proposed sight. They were concerned ..,, about students crossing the Spur Highway to visit a convenience store that could be located at the site. After debating the issue, the Commission voted four to two against the conditional use permit. On January 15, 1998, Hugh and Joe Chumley filed an appeal of Planning & Zoning's decision to the Kenai City Council acting as the Board of Adjustment under KMC 14.20.290. The Board of Adjustment held a public hearing on February 4, 1998 on the Chumleys' appeal. The Chumleys requested that Barron Butler be allowed to speak for them at the appeal hearing. The Board allowed the request. The Chumleys also supplied a lengthy packet of information to the Board supporting their request. In their appeal, the Chumleys requested the proposed use in their application be changed from "Business/Consumer Services- Wholesale/Retail" to "Professional Offices." Under the Kenai Zoning Code's Land Use Table, "Professional Offices" is a separate category from "Business/Consumer Services" or "Wholesale- Retail." The public hearing was held on February 4, 1998. Eighteen people spoke at the public hearing. Most of the speakers were residents of the MAPS neighborhood opposed to the project. Other speakers included presidents of the PTA's of nearby Kenai Middle School and Kenai CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2of 8 Central High School (KCHS), a representative of the KCHS student council, two local realtors, and two members of the Kenai Planning & Zoning Commission. Barron Butler spoke on behalf of the Chumleys. Letters from the principal of the Kenai Central High School and from local residents were also made part of the record. II. DISCUSSION AND FINDINGS A. The MAPS area was zoned RR-1 in 1985. The rezoning was initiated by area residents concerned that the extension of water and sewer to the area would result in "haphazard" development of the neighborhood. (Planning & Zoning minutes of April 10, 1985). The area proposed to be rezoned to RR-1 was reduced when a portion of the property owners along the Spur Highway objected to being included in the R.R-1 zone. From the record, it appears that any property owner who objected was removed from the proposed zone. The current owners of the subject property bought it after the property was rezoned to RR-1. As noted above, the rezoning effort was prompted by extension of water and sewer into the area. The residents of the area were part of an assessment district that paid a 25% share of the cost of water and sewer through assessments levied under Title 16 of the Kenai Municipal Code. Although the two were linked in terms of cause and effect, there was no "deal" by which the council limited the ability of future councils to rezone property or grant permits such as conditional use permits. In 1995, Hugh Chumley (d/b/a J & S Enterprises) applied to rezone a portion of the CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3of 8 subject property along the Spur Highway from RR-1 to General Commercial (CG). The request received substantial opposition from the MAPS area residents, and the Planning & Zoning Commission voted down the request on November 21, 1995. There was no appeal of the denial to the Board of Adjustment. B. In reviewing the application for a conditional use permit for "Business/Consumer Services" and "Retail/Wholesale Business" in the RR-1 zone, we need to review KMC 14.20.150(a) and (b) (conditional uses). Those sections state in relevant part: 14.20.150 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. Thus, to grant the permit we must find that: 1) the applied for uses are similar to the principal uses permitted in the zone; and 2) the applied for uses are in harmony with the intent of the zone. Under the Land Use Table in effect at the time of the application, there are seven allowed principle uses in the RR-1 zone. They are: 1) One family- dwelling; 2) Two family dwelling; 3) Churches; 4) Essential Services; 5) Farming/Gardening/General Agriculture; 6) Off CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 4of 8 street Parking; and 7) Radio/TV Transmitters. None of the permitted uses are similar to "Business/Consumer Services" or "Retail/Wholesale Business." The applicant's representative appears to argue that because there are three commercial business in the MAPS neighborhood the proposed business uses are consistent with uses permitted in the zone. However, the businesses referred to by the applicant are home occupations. Home Occupations by definition are" secondary or incidental" uses of residential not principal uses. See KMC 14.20.230. By their nature, home occupations are designed to have minimal impact on the neighborhood. We do not find the comparison of principal uses to home occupations to be valid. Therefore, we cannot find that the uses in the conditional use permit application are similar to principal uses permitted in the zone. The second prong of the test contained in KMC 14.20.150 is whether the applied for uses are in harmony with the intent of the zone. The statutory intent of the RR-1 zone is contained in KMC 14.20.080. The intent stated in KMC 14.20.080 for the RR zones is to provide for low- density residential development in a way that creates a stable and attractive residential environment and to preserve the rural and open quality of the environment. The RR zones are also designed to prohibit uses that would violate the residential character of the environment. It is also clear that the intent of the residents who petitioned the City for an RR-1 zone in 1985 was to preserve the residential character of the neighborhood. For these reasons, we cannot find that the development is consistent with the intent of the RR-1. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 5of 8 C. Some of the members of the public who opposed the application did so in part on the basis that there is already commercial development property in Kenai that is vacant. They felt additional development should not proceed when such commercial vacancies exist. We cannot agree with that argument. It is not the purpose of the Kenai Zoning Code to protect the owners of existing commercial development from the competition of new development. If that were the purpose, the Board would be practicing economic regulation rather than city planning and zoning. The free market, not the Board of Adjustment, will decide which commercial properties will be used and which will remain vacant. D. In their appeal, the applicants requested that their application be modified to "Professional Offices" from "Business/Consumer Services" and "Retail/Wholesale Business." In part, the request is made to lessen public opposition to the proposed development. The PTA presidents and principals of the middle and high schools located nearby indicated they would not oppose development of professional offices on the site. However, the local residents were unwavering in their opposition to either request. KMC 14.20.290, which governs appeal to the Board of Adjustment, states in part, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken." The applicants asked us to exercise that authority and grant the request to modify the application to include "professional offices" rather than the uses originally applied for. While we CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 6of 8 agree we have such authority, we do not feel this is the case to exercise it. To do so would be to consider a proposal which is considerably different than the one originally submitted without the proposal ever being considered by the Planning & Zoning Commission. In this case, such an action would unacceptably reduce the public hearing process by bypassing a hearing before the Planning & Zoning Commission on the issue of "Professional Offices." We recognize that there was an "informal offer" to change the application mentioned at the end of the Planning & Zoning hearing. However, we feel such a considerable chattge in the proposal should be on the table at the outset of the hearing. For example, the public notice sent out did aot indicate "Professional Offices" would be considered. Therefore, in this case we decline to allow the application to be substantially modified during the appeal to the Board of Adjustment. We note that several members of the public wanted ~ the Board to prohibit the applicanu from reapplying for a conditional use permit. We do not have authority under the municipal code to prohibit a property owner from reapplying for a conditional use permit. For that reason, the applicants may reapply for a conditional use permit for "Professional Offices" if they choose. It may be that the council should consider enacting into the code a reapplication moratorium of, for example, six months. How ever, such a provision is not currently in the Kenai Zoning Code and, therefore, cannot be considered. III. SUMMARY The application for a conditional use permit to allow Business/ConsumerServlces and or Retail/ Wholesale Business is denied. The request to consider modi_~~ing the application to "Professional Offices" before the Board of Adjustment is also denied. CITY OF KEN:~I BOARD OF ADJliSTMENT DECISION -Page 7of 8 DATED this ~~day of March, 1998. ., m Bookey, Board Me er ~~~~ Hal Smalley, Board Me er Joey oore, Board Member Linda Swarner, Board Member (aot participating n Ray Mea es, Board Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 8of 8 Duane Bannock, Board Member ld 16 ~ TR A `, P 1! J 4 ~ O`~ ~ ~ O r ~ ~ r M ~i M ~ 14 ~ ~ is 1 ~0 4 ~ ~ ALIAK DA. (EAST ALIAK DR.) m ACfiZS tamer. x ACC[Si [sK . 1 ~ ~ ~V PIA T ~ 1 ~ io ;Sp~'E ~~ ~ o ~ 1 ~ J Y1 t= ~1 J ~' Z ! ~ ~ o~ o y e s w w ~o tU.7 S ~ ~' w s r w 1 ~ 2 ~ ~ ~ ~ PAPA 's ~ ~ ~ !~ 4 S .. iaAb~V ArB. ~ ~~ ~ '~~''' MAD H TTER u s ~ R ~ TR H 1 ~ A A ~SreD ss A ~ ss 40 A ~ , ~ ~ ~ ~ . - ~~ . _ . S4~g ~~1y~1 ~T ALA Earn. ~i K(~HS I KE HAGHJRI 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907)283-7933 r! -. ~ To: Sue Fax: 283-3299 From: Marilyn Kebschull Pages: 1 Phone: 283-7551 iDate: March 16, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, March 23, 1998. This will be charged against the open Purchase Order you have. In addition, could you provide this information to whoever handles the Community Calendar so that it can be included in that section of the paper. Thanks. CITY OF KENAI PUBLIC MEETING NOTICE The City of Kenai Planning and Zoning Commission will hold a work session at 6 p.m. on Wednesday, March 25"'. The purpose of the meeting will be to review the Development Requirements Table from Title 14, Zoning Code, of the Kenai Municipal Code. The regular meeting will immediately follow the work session. The meeting will be held at City Hall, 210 Fidalgo Avenue. The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: March 23, 1998 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 To: Sue From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 bate: March 6, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, March 9, 1998. This will be charged against the open Purchase Order you have. Thanks. r March 6, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS March 11,1998 at 7 p.m. http://www.Kenai.net/city 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ98-07 Variance Permit (Oversize Sign with Internal Lighting~Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. b. PZ98-08-Variance Permit (Oversize Sign~Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. c. PZ98-09-Conditional Use Permit (Retail Business~Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. 3. NEW BUSINESS: a. Lease Application -Tract B, Gusty Subdivision #6 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: March 9, 1998 • Page 2