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HomeMy WebLinkAbout1998-03-25 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS March 25,1998 - 6:00 p.m. WORK SESSION AGENDA 1. DEVELOPMENT REQUIREMENTS TABLE 0 V a S m F L/7 E~ oe O~iC F ~_ D a 0 N ~ O N ~ N N O O U v _ `° ~ ~ • o ~ ~c~°~ O ~ a~ ~ U ~ O' " v~ vii U w ~ . g 5~ ~ 5,~ Z5 g ~ ~ g g -~ ~ ~ N ~ ~ N ~ ~ N I ~- V 8 ~ ~ z z z z z z ~ et N ~~ ' ~ _-~` ~ ~r ~-r Zi z z ~.~ FWWf ~ ~ N ^~: N O O ~ O O G O W ~ ~ N ~ ~ N ~ ~ ,~ti O O O ~ ~ O N ~V N N .tea. 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'` C ~ ~ ~ C ,~ ~ ea __ O rLil ~ ~ ` ~ ~ T >. v t ~ 3 ~ ~ ~ ~p v = H v _ ~ ~ 0 0 :) ^~' H N H ~ O ^ w. 3 =_ e ~ i co~~ O T ~ 'O ~ -'.a•y o C N ? ~ ~ U ~3 ~ .~ ~ n c "~ :! ~ H ~ A j T ~ L n y ~ :i .. a LL O >+ U CITY OF KENAI `' PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 25, 1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 11,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ98-13-Preliminary Plat-Horseshoe End at River Bend Subdivision, Garcia Addition b. PZ98-15-Preliminary Plat--Carl F. Ahlstrom Church of God Replat 6. PUBLIC HEARINGS: a. PZ98-07 (Continued from March 11, 1998}-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 (Continued from March 11, 1998~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. PZ98-12--Conditional Use Permit (Professional Offices}-Lots 6 & 7, Papa Joe's Subdivision, 9520 &/or 9488 Kenai Spur Highway, Kenai, Alaska. Application submitted by Hugh Chumley & Joe Chumley, P.O. Box 753, Sterling, Alaska. 7. NEW BUSINESS: a. PZ98-14 (PZ96-38}-Transfer of Conditional Use Permit, Bed & Breakfast-From Olen & Andrea Moyer to Les and Susan Bradley-For the property described as Government Lots 83 and 84, 1101 Third Avenue, Kenai, Alaska. b. Review of KMC 14.20.230-Home Occupations 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: 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ~.~ CITY 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 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. 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 March 11, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at ?:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Ron Goecke, Barb Nord, Karen Mahurin Members Absent: Phil Bryson, Teresa Werner-Quade, Michael Christian 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 25, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF FEBRUARY 25, 1998. MOTION SECONDED BY GOECKE. MINUTES OF FEBRUARY 25, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: a. 98-07 -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. GOECKE MOVED TO APPROVE 98-07. MOTION WAS SECONDED BY NORD. Planning & Zoning Commission March 11, 1998 Page 1 Glick requested clarification on the sign code and asked if the frame was included in the size of the sign. Kebschull confirmed the frame is included. It was pointed out the sign would be 40 sq. ft. Chris Hay, 1509 Randy Way, Kenai, Alaska spoke in favor of the variance and understood the difference in measurement. Hay reported the existing sign is approximately 15 years old; it looks dated and shabby; it's crooked; the legs are rotting; and, is high maintenance. The new sign is not that much bigger than the old sign, however it is configured differently and would be more vertical than horizontal. The new sign will be cleaner, crisper, more up to date and will give a better presentation of the church. Hay believed the new sign would be more attractive on the road side of Spur Highway and for the reasons mentioned, Hay is in favor of the variance. Mahurin asked if there was a reason why the sign had to be bigger than what the ordinance allowed. Hay replied, the sign is pre-manufactured and the next size is about 3 x 5, which is a lot smaller. The manufacturer does not make 4 x 8. Glick confirmed the sign is not custom made. Hay pointed out the face of the sign will be custom but the frame is standard sized. The manufacturer doesn't know what the code is here as it is being made out of state. Hay continued, if they could get a 4 x 8 sign they would to eliminate having to get a variance. Janine Espy, 403 McCollum Drive, Kenai, Alaska stated she received a notice from the City of Kenai about the sign application and, as a member of the neighborhood, was in attendance to speak in favor of the sign. Espy explained where she lived in relationship to the church. The church address is 406 McCollum and her address is 403, her driveway faces the church, directly across from McCollum Drive. Espy continued, she had a couple of reasons for being in favor: the church yard and building have always been well kept and maintained, adding to the attractiveness of the neighborhood. Last year fresh paint was added to the building and the new concrete added to the walkway. This shows the members of the church have the desire for upkeep and an attractive appearance. The sign would be in keeping with the already established attractiveness the church offers to the neighborhood. Another reason is because Espy often uses the church as a landmark when giving people directions to her home and the sign would add to her ability to do that. Espy's last reason is that she has two children who attend Kenai Middle School and two who attend Kenai Central High School. Their safety in using the intersection at McCollum Drive and the Kenai Spur Highway, whether on foot or in a vehicle, is always of utmost concern and Espy did not believe the sign would hinder their safety when they use the intersection as they will still be very visible to traffic from all directions. Espy reiterated that she was in favor. Planning & Zoning Commission March 11, 1998 Page 2 Kathleen Beck, 9200 Kenai Spur Highway, Kenai, Alaska is in favor of the sign. Her home is directly beside the church facing the highway. The sign they have now is old, the legs are reinforced so it really needs to be replaced. Beck believes with the new sign, which is lighted, it will be better controlled so it won't fall over. There are children there, the bike path is there, and it would be a better safety feature here in Kenai. Glen McCollum, Sr., Kenai, Alaska is in favor of the sign. McCollum stated the first place he looks when he gets up in the morning is out the window where he can see the old sign and he would just as soon see a nice, new, modern sign there. That is the one and only reason. Public Hearing was closed. Glick stated that ordinarily he would vote against a variance for signs as he had done in the past but last year the Commission did vote for a variance for a church a mile down the road from this one. In light of that, Glick stated he would have to be in favor for this one. However, if it was a very large sign he couldn't be but for a few feet and the reasoning behind it, he will vote in favor. Mahurin asked for clarification on the objection which was on the back of the sign page included in the packet. Mahurin indicated that she could not read the name or what was written and asked if staff had the original to read from. Kebschull reported she did have the original and it appeared the objection was from Gerald Eidem of 331 Camelot Place, Anchorage, Alaska. Kebschull read the objection; "I totally object, do not approve, 1) I totally object, no signs need to be along the public highway; 2) the increased size matches the typical electronic computer controlled message system Anchorage Baptist Temple tried to use in Anchorage and neighbors in force demanded said sign not be allowed, the variance was denied; 3) churches already have steeples, crosses and signs on their building, none is needed along highways." (End of objection) Glick asked for verification that the address was Anchorage. Kebschull replied, yes, but Eidem owns a lot across the Spur Highway from the church and it is Lot 6 (Kebschull pointed out the lot on the map she had on hand.) It was unknown whether the lot was vacant or had trailers on it. Mahurin pointed out the picture of the sign said it would be double- sided and internally lit. Mahurin asked Pastor Hay to describe what internally lit meant, i.e.is the whole sign lit up or just the lettering. Hay answered, the sign face is made of Lexan plastic, the color is maroon and Planning & Zoning Commission March 11, 1998 Page 3 the lettering will be white. Inside the sign cabinet will be flourescent tubes so the lettering and maroon color would shine more brightly from both sides. Nord stated that since there was just one objection and three neighbors favoring the variance, she would have no objection to passing it. Mahurin pointed out that she was having a problem with it and noted the Commission approved a variance for a church down the road but it was for a different situation. The sign had to come down because of road improvements and it was going right back where it was and was the same size. Glick reported the sign was new and larger. Mahurin continued, she had a problem with big electric signs, particularly along the highway. However, she is in a quandary because none of the neighbors seemed to object and if the neighbors don't object, that's the basis on which it should be approved. However, Mahurin pointed out she was still mulling it over. Goecke indicated that he was going to vote in favor of the variance, but when he first saw it, he was concerned the church was asking for a larger sign to which some people object, but the neighbors in attendance did not object. Goecke pointed out that on the other end of this same subdivision the Commission has gone through two big, long, drawn-out meetings for somebody that wanted to commercially develop a couple lots. Goecke continued, up until he came and saw that there was nobody in attendance to object to the variance, he was also in a quandary but he would vote for it. Mahurin shared Goecke's feelings and realized they were talking apples and oranges but were still talking a fruit basket because it is the same neighborhood. Additionally, the neighbors have been very clear to the Commission that there are rules and to abide by them and she supports that. However, part of her dilemma before coming to the meeting was knowing the history of the neighborhood and how the neighbors have fought to maintain the original zoning. Mahurin pointed out she does not like variances as she likes to go by the rules so she will feel safe in voting no because she knows there will be three commissioners voting yes. Mahurin wanted to go on record as voting no for those reasons and hoped that her concerns were understood. Goecke asked for an At Ease. Chairman Glick granted an At Ease at approximately 7:35 p.m. Meeting resumed at approximately 7:40 p.m. Glick pointed out an amendment was required as the application was for 35 feet and the actual size is 40 feet. Planning & Zoning Commission March 11, 1998 Page 4 GOECKE MOVED TO AMEND THE MOTION BECAUSE THE ACTUAL SIZE OF THE SIGN WITH THE FACE AND FRAME IS 40', THE REQUEST WAS FOR 35', THE MOTION SHOULD BE AMENDED TO APPROVE A 40' SIGN. MOTION WAS SECONDED BY NORD. VOTE (Amendment) BRYSON Absent GOECKE Yes MAHURIN Yes GLICK Yes WERNER-QUADE Absent NORD Yes CHRISTIAN Absent MAHiTRIN MOVED TO CONTINUE THE VARIANCE REQUEST TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY GOECKE. WERNER-QUADE Absent MAHURIN Yes CHRISTIAN Absent GLICK Yes NORD Yes GOECKE Yes BRYSON Absent CONTINUANCE PASSED -the item will be discussed agaia at the March 25, 1998 meeting. Glick pointed out there should be a full Commission at that time. If there was one No vote now it would not pass as four votes are required. 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. NORD MOVED TO APPROVE PZ98-08. MOTION SECONDED BY GOECKE. Dan Pitts, 403 N. Willow, Kenai, Alaska was speaking for his wife, Reann Pitts, who requested the variance. After further figuring and downsizing of the sign, Mr. Pitts believed they could come within the ordinance standards and requested the application for a variance be withdrawn. Pitts continued, their plans are to put in a Tesoro convenience store sign and remove all other free standing signage on top of the canopy and around the area. Kebschull informed Pitts that the Tesoro sign he thought was 32 sq. ft. is actually 48 sq. ft. so a variance is still required. The sign was measured by the City's building official. Kebschull referenced the drawing included with Pitts' application and stated when they decided to Planning & Zoning Commission March 11, 1998 Page 5 downsize one of the 8 x 8 signs to 3 x 8 and if the Tesoro sign was 32 sq. ft. that would have brought them to 152 sq. ft. which is below what is allowed but they would have to remove all the other signs. Kebschull continued, the total square footage is 168 which includes the 48 sq. ft. Tesoro sign, the two 8 x 8 signs and the 3 x 8 sign. Pitts confirmed their plan to put the Tesoro shield sign on top, followed by the 8 x 8, the 4 x 8 andthe3x8. Pitts reported that he called American Sign and they told him the sign was 32 sq. ft. but apparently that is incorrect. Kebschull reiterated that the Building Official measured the sign. Mahurin asked Pitts if the Commission was still being asked to approve the plan as submitted. Pitts replied, he would like to keep the other signs so would like to amend the variance and not withdraw it. The request is for 14 sq. ft. Mahurin asked for clarification on the wording included on the drawing attached to the application: is the word "Message" and not "Massage". Pitts confirmed the word is "Message". Nord requested that Pitts repeat the size of signs. Pitts answered, there will bean 8 x 8 reader, a 4 x 8 price sign, a 3 x 8 liquor sign, and the Tesoro shield which is 48 sq. ft. Glick asked if the request was downsized from the original 16 sq. ft. over to 14 feet over. Pitts confirmed that was correct. Nord asked staff about the 6 x 8 measurement of the Tesoro sign since square footage is cut off at the bottom and there is no frame around it. Kebschull replied, the sign is viewed as a rectangle and the trigonometry is not used to figure out the angles. The measurement is made from the highest point to the lowest point and side to side. Nord asked who makes the determination on how to measure a sign. Kebschull answered the building official makes that determination. Goecke stated he was going to ask the same question that Nord did and he guessed that the manufacturer of the sign has taken into account the arc on the bottom and removed that amount of square inches and that is where they carne up with the 32 sq. ft. Goecke thought their interpretation differs from the building officials so the information Pitts got is probably correct. Glick indicated that the item needed to be amended. Planning & Zoning Commission March 11, 1998 Page 6 Mahurin stated considering the previous action she would recommend the same course of action for this situation. c. MAHURIN MOVED TO CONTINUE PZ98-08 TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY NORD. VOTE (Continuance) NORD Yes GOECKE Yes BRYSON Absent GLICK Yes MAHURIN Yes CHRISTIAN Absent WERNER-QUADE Absent Glick stated that he hoped this action didn't inconvenience Pitts too much but there will be a full Commission on March 25, 1998. Mahurin stated that in fairness to the applicant, she would have voted No which would have killed the permit and she wanted Pitts to have the benefit of a full Commission to have a more democratic process. PZ98-09 -Conditional Use Permit (Retail Business) -Lot 8, Boock H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ98-09. MOTION WAS SECONDED BY NORD. Vicki Fruichantie, P.O. Box 2266, Kenai, Alaska -the physical address is 5040 Beaver Loop Road, Kenai, Alaska. Fruichantie stated when one thinks of a retail business it is thought of as a store and basically inside the building they are requesting the permit for what will be a store but the outside appearance it will resemble a shed. Fruichantie submitted photos and a drawing of the location to give a clear indication of what is planned and pointed out the siding and paint on the building will match that of the house. The appearance will still be of a rural residential area and it will not look like a store. Fruichantie stated the pictures were being submitted to show how it looks now and pointed out the fence along the left side. She indicated the fence is in disrepair and will be replaced as part of the work to go along with the business and the overall appearance. The fence will be chain link but will help the appearance. Fruichantie indicated the neighbors won't be able to see the new building. Tom Fruichantie, 5040 Beaver Loop Road, Kenai, Alaska stated they are wishing to start a business on Beaver Loop. It is not so much a full Planning & Zoning Commission March 11, 1998 Page 7 time business as a 9 to 5 business, it's going to be concentrated more in the atmosphere of a garage sale. Fruichantie stated he likes to go out shopping garage sales to accumulate merchandise. The shop would be run on weekends from 9 a.m. to 5 p.rn. and possibly 10 a.m. to 4 p.m. on the weekends. Fruichantie indicated that he is open to limitations to be put on the business. He reiterated they will construct and paint the building to match their house. The new fence would possibly be ten feet high with the slotted chain link so it can't be seen through so the neighbors wouldn't have to visualize people coming in and out of the parking lot. Fruichantie also stated that he lived there for eight years and there are other businesses operating off of Beaver Loop, including gravel quarries, pits, dirt, etc. All summer they had to deal with dump trucks and equipment up and down the highway and their business may result in some increased car traffic. The business will not be a major store or warehouse where a lot of traffic would be generated. Fruichantie stated his parking facility could actually hold 12 cars at one time. Fruichantie indicated there was some concern with the salmon stream behind his house. There is over 300 feet of staked property line and the building is only 24 x 48 but if a limitation needs to be put on to prevent them from expanding, Fruichantie stated he would be willing to do that. Mahurin asked if the maker of the motion wanted to include staff s recommendation or is approved as submitted. Goecke noted it was to approve as is. MAHURIN MOVED TO AMEND PZ98-09 TO REFLECT THAT ANY CHANGES OR MODIFICATIONS TO THE STATED PLAN MUST COME BACK TO THE PLANNING AND ZONING COMMISSION FOR REVIEW. Goecke stated that was already included in the main motion. Mahurin pointed out when she asked the question she was told it did not. T. Fruichantie stated they were definitely planning on a building permit to make sure it is suitable. Glick determined the Motion to amend was in order. MOTION WAS SECONDED BY GOECKE. Vote (Amendment) GOECKE Yes NORD Yes MAHURIN Yes CHRISTIAN Absent Planning 8s Zoning Commission March 11, 1998 Page 8 BRYSON Absent WERNER-QUADE Absent GLICK Yes MOTION TO AMEND PZ98-09 PASSED UNANIMOUSLY. Vote (Main Motion) NORD No MAHURIN Yes CHRISTIAN Absent BRYSON Absent WERNER-QUADE Absent GOECKE Yes GLICK No MOTION FAILED. Kebschull pointed out the Fruichantie's had the right to appeal to City Council and it would need to be filed in writing. V. Fruichantie asked if they were allowed to know why there were no votes. Nord stated she did not have a problem explaining why she voted no. The zone is residential and there have been Conditional Use Permits granted in the past for that area for certain things or home occupation permits. What they are asking for is a Conditional Use Permit but it's more for a retail business than it would be for something that she sees in that particular area as ongoing, for instance, bed and breakfasts. Nord continued, she has been on the Commission since October of 1996 and has seen very few permits granted in residential areas for retail businesses and that is one of the reasons she voted no. Nord pointed out there were no neighbors at the meeting and didn't know why there weren't any complaints regarding it. Nord reiterated the Fruichantie's have the right to appeal. Kebschull indicated she will be sending the Fruichantie's the information regarding the appeal process. Verbatim Be 'ns T. Fruichantie how do we go about finding the reason why we're denied and why people such as ah... well there's a paint shop I know that went into business, I don't know if they went about it legally but I know that there's a painting business being run in there. I know that... the dump trucks that I've had to put up with over the years, you know, I mean, you call this residential, at midnight Izve had to put up with for the last two summers, dump trucks racing up and down this road, from 6 a.m. to midnight. Glick, well if there's a paint shop back there it's probably not legal because I don't know of any that have ever gotten a license for a paint shop, so you have ah... Planning 8~ Zoning Commission March 11, 1998 Page 9 T. Fruichantie: Triple A Auto Body, they've got a listed phone number, they're located on Beaver Loop. There's a numerous businesses on Beaver Loop. You know, it's not there's two businesses, the Beaver House I realize has been there a long time, ah, by the next meeting I'll have a list of every business on Beaver Loop too. Glick: Okay but it's after the fact here, you will have to bring that up with your appeal to City Council. T. Fruichantie: Right, thank you. Verbatim Ends T. NEW BUSINESS: a. Lease Application -Tract B, Gusty Subdivision #6 GOECKE MOVED TO RECOMMEND THE CITY ENTER INTO A LEASE ON TRACT B, GUSTY SUBDIVISION #6. MOTION SECONDED BY MAHURIN. Glick pointed out this is already being used for trailer storage and the lease is for ten years. The Commission would just be approving a new lease for the same thing it is being used for now. Vote MAHURIN Yes BRYSON Absent GOECKE Yes GLICK yes MOTION PASSED UNANIMOUSLY. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: CHRISTIAN Absent WERNER-QUADE Absent NORD Yes Councilman Smalley made the following report based on the agenda included in the meeting packet: Planning & Zoning Commission March 11, 1998 Page 10 Item B-1, Brad Shuh spoke to Council regarding the Kenai market maps (Smalley pointed out a map on the wall in Chambers). Shuh wanted to meet with the City to see how many properties the City wanted to pay to place on the map. Basically the motion was to approve one payment and he would work with the City Manager to get as many City buildings on the map. Generally it is one building for one fee but the City has come up with about seven or eight buildings they would like to see noted. Under Public Hearings, C-1 passed with one abstention. This is a piece of property the City determined was not needed for public use. It was noted the property is in Soldotna. Item C-4, bid to Kenai Chrysler fora 1/2 ton Sport Utility Sport Vehicle was approved. The original budgeted amount was a suburban for $35,000 so this particular vehicle was a savings. Item C-5 was a grant. There are so many points that you could fall into a certain category and in this case the grant was called Disadvantaged Assistance Grant for drinking water. The amount is $300,000 and is a 50/50 matching grant. He added, the City could use other existing monies left over for other projects to meet its 50% of the grant. There will be a light meal served at the Planning & Zoning work session scheduled for March 25, 1998. Council members have been asked to attend. The dip net fishery was discussed at the council meeting and a public work session will be scheduled to discuss cost, etc. The State is working with the City to provide more enforcement and garbage bins. Item 12-d in the packet is the decision from the Board of Adjustment appeal. This is also included on the City's web page. Nord asked about the drinking water grant. Smalley answered, it's a criteria and a category on a grant. It is not because there are a number of disadvantaged people and has very little if nothing to do with it at all. It just happens to be the title of the grant and the City qualifies by a certain number of something. Smalley reiterated, the grant had nothing to do with disadvantaged individuals. b. Borough Planning - No Report c. Administration: Kebschull reported that she will not be at the March 25, 1998 meeting but the City Engineer, Building Official and the City Attorney will attend. Council has been invited to attend. Planning & Zoning Commission March 11, 1998 Page 11 Item 12-a in the packet is some research done to provide the Commission with a list of all Conditional Use Permits issued from 1995 through 1997. Kebschull indicated that a database is being developed which will contain as much of the old records so such searches can be made when necessary. It is hoped to eventually be able to search by area, zone, etc. The City Attorney is finalizing his review of the home occupation permit. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 - 199? b. Memo from Councilman Smalley dated 2/26/98 c. Planning Commissioner Training Information - if anyone is interested in attending they are asked to contact Kebschull as soon as possible or before April 1. d. Chumley Appeal Decision 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord reported she was a little uncomfortable voting no on the last permit (PZ98-09). Nord stated she took a drive to that area and found it is a very busy street. When she turned around she had to wait for about two minutes as five cars had passed. Nord stated she looked at the Fruichantie's lot and they don't have an awful lot of room between their house and their driveway for turning around. Nord continued, besides it being residential, there are several duplexes or four-plexes on one side with children and that is of concern. Nord added, she gets nervous when having to defend her position sometimes and it doesn't come out exactly coherent so this needs to be on record. Commissioner Goecke thought the Commission may have sent a wrong message with regard to that particular issue (PZ98-09). In the information provided by staff on Conditional Use Permits, two rural residential retail businesses were approved, one on 12/ 11/96 and the other on 5/ 14/97. One was a retail greenhouse and the other a retail flower sales. There is another greenhouse within approximately 1/2 mile from the Fruichantie's which has been there for about the same amount of time. It was noted that particular greenhouse was on native land. Goecke expressed concern the Commission may not be following their own footsteps because the two included in the information provided are both in rural residential zones. They're not on Beaver Loop Road but they are rural residential and there were no objections from anybody. Goecke felt the Commission is failing to follow their own guidelines. Planning & Zoning Commission March 11, 1998 Page 12 Commissioner Mahurin reported that she will be flying in from Washington DC on March 25 and should arrive by 4:00 p.m. She is planning to be here on time for the 6:00 p.m. work session but asked for indulgence should she be late. Mahurin stated she understood that Mr. Chumley had applied for a Conditional Use Permit after he modified his proposal that went to City Council. Mahurin continued, she further understood that it is scheduled for hearing on March 25, 1998 and she was wondering if the Commission has any right to ask to have that scheduled at the next meeting in April rather than the March 25, 1998 meeting. Kebschull responded, the City had at least two individuals from the public contact them in that regard. Kebschull explained, basically when an individual applies for anything through Planning and Zoning the date it is received is noted and they are scheduled for whatever meeting that fits into the guidelines. Once a meeting is scheduled (and this one has been scheduled), public hearing notices are mailed and the information is provided to the newspapers. The hearing needs to be held and the only way it couldn't be held is if there was no quorum. Then it would be continued to the next meeting. The other alternative is to begin the public hearing and ask that it be continued to the next meeting. Kebschull pointed out meetings are not scheduled to the City's convenience but are scheduled according to guidelines. Smalley reported as a point of clarification, the applicant that bought the appeal to the City did not change the permit. He wanted the City to make a modification change and Council elected not to so. There was no amended request. Glick noted his understanding is that Council looked at the original application and it was denied. Smalley confirmed that was correct. Glick asked then if the applicant was coming back with a modified application. Smalley confirmed that was also correct and pointed out there are comments from the City Attorney that speak to modifications. Mahurin indicated that she appreciated that because she had not read the appeal, she just knew that it had been denied as submitted and it was based on the original. Mahurin stated, she appreciated that Nord explained why she voted no, however, in this case even though the zoning is rural residential, it's always been commercial and there used to be a laundromat there. Mahurin continued, she hoped the applicants do appeal to City Council because this is one time that she would urge City Council to overturn the decision because, as Mr. Goecke stated, the reality is a little bit different here. Mahurin also stated she was comfortable in continuing the two sign variance requests because she would have voted no on both and that would have killed them which is not a fair process when there are only four Commissioners. Planning & Zoning Commission March 11, 1998 Page 13 Goecke, for his own benefit, was hoping that one of the no votes would reconsider but if that were done that would only delay it until the next Planning and Zoning meeting. Goecke added, if it was voted down again, it would make them go to Council following that. Perhaps it is just as well that it not be reconsidered. Smalley suggested that Planning and Zoning request that Administration check on Triple A Auto Body and other potential businesses in the Beaver Loop area. Kebschull reported that was noted and will be checked on. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission March 11, 1998 Page 14 ,~a~ STAFF REPORT To: Planning & Zoning Commission Date: March 12, 1998 Prepared By: JL/mk Res: PZ98-13 GENERAL INFORMATION Applicant: Wince-Corthell-Bryson P.O. Box 1041 Kenai, AK 99611 Requested Action: Preliminary Plat Legal Description: Horseshoe End at River Bend Subdivision, Garcia Addition Existing Zoning: RR-Rural Residential Current Land Use: Low Density Residential/Recreation Land Use Plan: Low Density Residential ANALYSIS City Engineer: This plat reflects an agreement reached between the City of Kenai (Tract 5-B-1, Cunningham Park) and the owner of Tract 4-A. The owner of Tract 4-A will purchase the portion of property between the former lot line and new lot line from the City. This resolves a building encroachment. Building Official: No additional comments. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-13 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-13 ~ SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Horseshoe End at River Bend Subdivision, Garcia Addition was referred to the City of Kenai Planning and Zoning Commission on March 9, 1998 and received from Wince-Corthell-Bryson, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned RR-Rural Residential and therefore subject to said zone conditions. 2) Water and sewer: Not Available. 3) Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4) Installation agreement or construction of improvements is not required. 5) Status of surrounding land is shown. 6) Utility easements, if required, shall be shown. 7) Plat shall verify that no encroachments exist. 8) Street names designated on the plat are correct. 9) CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE HORSESHOE END AT RIVER BEND SUBDIVISION, GARCIA ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 25, 1998. CHAIRPERSON ~~ ATTEST: Plann' ~g,Secretary ~~ ,n,, ~~ °ne _3g a II uopaag t - - pl uoi7oag 1 :~ I mR~l\ s3 I ~ II I g~ II I I II Ek ~~ 11 ICI ~~? ~ ... 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I tss eiii UI'nl --~~r~as,--- ~ z W ~ I ' I wl I I ~ _ ... _. _ ~ ... - i ~. :.,, ~~ I ,,. i:i ~~ o~ ~~n n~"I~ ~ ~ ~ ~~ 3- ~ „_~ `e a ~ ~~a~~ a ~ ~ ~ Y~`6 '~ ° v i 3 a • .~~b3~1 o ~~ ~ ~ w ~ o"~~ ~ ~ g ~~~ ~~€ ~~~ i <~ ! ~ ~ w : q I~ D d~ o~ Qc : j ,.,..,,,ii 2, e'~P# 9 ,~ ~~ 3 7~ 'D ~'''@~ . ; ~J'=1 F ~ e' _ ,. 2'' ~~:. ~; ~~~ ~~~ c ~ ~ ~ 3 W S i o W ~ d S n J 0 • o 4 >3 ~ _~ s~ ~ ~~ ~~ ~o ~~ ova nom a yW~ Z ~~ g~E ~ R ~~ ~ ~ ~ LNON 8 X ~ ~ s~ e ~~~€ ~ ~ I " m I mi s ! g ~ . m ~ ~~~5 ~ 3fr ' ~ ~ ~ ~ i ~ ~ € u ~ ~ € ~ s +~ ~ 9 € ~ 4 w ~ ~~€~ ~w~~Y~ ~ ~ ~ € d g ~ ~ a g Y ~ ~ _ - °, ~~~;'€ E ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ s 3 p `o ~~°~r=g €~e7~~~ i $ o g '~ ~ o S o6 ~ ~ ~ ~ e w~ € '' - ~ i ~ ~ ~ ~ ~ 3 ~ ~ ~ I F d ~ " g ~ ~ g 7 ~ ~ ys tl ~ " ~ ~ g ~ ~ ~ q2Jy2 gy ~~ "' ~y ~~ ~ ~ ~ lu ~ mo A ~ ~ ~ ~ ~ ~ I~ 6 { s i a1 tr 1 m w ~ ~`~gg ~ ~~ ~ ~ -~ a~ ~ ~ ~ ~ ~ S ~ i ~~~ S ~ z ~ $ g E W ~ 6 ~ `< i i V d~~9 I ~ z b z ~~ _ s 5b STAFF REPORT To: Planning & Zoning Commission Date: March 19, 1998 Prepared By: JL Res: PZ98-15 GENERAL INFORMATION Applicant: Integrity Surveys 605 Swires Drive Kenai, AK 9961 1 Requested Action: Preliminary Plat Legal Description: Carl F. Ahlstrom, Church of God Replat Existing Zoning: CG-General Commercial, Lots 1, 2, 3, 4, & 15, Block 16 RS-Suburban Residential, Lot 13 Current Land Use: Church/Residential Land Use Plan: General Commercial/Medium Density Residential ANALYSIS City Engineer: This plat combines the referenced lots into one Tract. Owners should note that one portion of the new Tract will be RS zoned (previous Lot 13). Building Official: No Building Code issues. RECOMMENDATIONS Approval ATTACHMENTS: 1. Resolution No. PZ98-15 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-15 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Carl F. Ahlstrom Church of God Replat was referred to the City of Kenai Planning and Zoning Commission on March 25, 1998 and received from Integrity Surveys, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned CG--General Commercial and RS-Suburban Residential and therefore subject to said zone conditions. 2) Water and sewer: is available 3) Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4) Installation agreement or construction of improvements is not required. 5) Status of surrounding land is shown. 6) Utility easements, if required, shall be shown. 7) Plat shall verify that no encroachments exist. 8) Street names designated on the plat are correct. 9) CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE CARL F. AHLSTROM CHURCH OF GOD REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 25, 1998. 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J ~Y`- .. ,... _~ February 25, 1998 lJ' CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~a~~ah 'Ilfll 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 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 1 STAFF REPORT To: Planning & Zoning Commission Date: February 20, 1998 Prepared By: JL/mk 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 Replat), 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 RR-Rural Residential 3) That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (d) (2) (3) Sign Size and Internal Lighting-35 square foot sign with internal lighting. (Amended to 40 square feet) 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. 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 11, 1998 and continued to March 25, 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. °4SSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, !March 25 , 1998. c/ CHAT PERSON ~. ~~ TEST: Plan~~jjJnin~~g~~Se tary C~C~CeG( Y~ U U~U'~ BICE\TEN VIAL yc~aye tart~a~ tG'~fy m~a ~%ty'e ~ DATE : ,~ - l ~ - 1 CITY OF KENAI ~ ~ ,~,~,s,~.,, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT NAME : i~ ~ ~°t~L ~ ~ f ~t ~ e 1J r e ~ ~,~~ ,~ e ~~ C ~ ~ s c ~ PHONE : ~ ~ ~ "~ ~ 3 ~ c1 MAILING ADDRESS : -t ~ ~, I~ ~ C~ ~ ~ t;~ ~. ~ r . 1! ~}~G~ ~ _ LEGAL DESCRIPTION OF PROPERTY INVOLVED: GCtxc~~~c~~~?r ~ec~Z Qr;,P~~`~y~a1~I-~f 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. ~~~~ 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 CONIl~lENTS: ~e (1`~ce ~5~~~ Per~isSi~- ~'© '~eplGce Ocrc-_ 2X~S'~~i ~i< i'~'~ c~ ~,~.~. v -~nD -~ta(~~e n~~I~C~c ~tJ~ Si ~T~ i 't~ct• p_(~~ ~j I ~1 ~ II 1 1 1 1 3S Sus-re T~eT, ' Applicant's Signature: 'l C~r~slvpl.~ ~- 1 ~ , Qas1'vr Approved• CHA PERSON Attest.: ~.~ rilyn Keb hull, ecretary ~J ~ C't ~ e ~ i ~~ ~~F ~ ~~~'~l I f~ ct ~;~ 1~~(+Ai1c~~' -}~, 11 I C:\WPDOCS\FORMS\VARIANCE.PG2 i JJ JJ4 r~ V 33' porno God9~ I~o~ o~ C~r~ac~~ o r~o~G~r~ow ~G~~r~c~G~ pr~opo S89°59'48"E 297.61' razz' T10' Utility Easement I. - 15.0' 35.3' L I' a y cV . ~ :ate V~ io ~,I'.. ~ . iV Y ,F ~ d' d rnl o '.. II '-,' ~,. ~ ' v ° of shea ~ . I,' ... . ~ 1q .10.2' ~ l ~. L7 I ~ ~.I ` 52.3' ao.z . a '.' conc.(tyP) N I : v n boardwalk o : Q I °~ car sto ( ~ rq ~' (~ ~ a 'D ~ N ~ a C~ ;n ~ ~I I w ~ q Z E grarFl _ - ~ a ' U _ Park tng ~ N N ~ I ,, O ~ ~ O ~ ' D! - I Z ~V f o L~o~ ~3 ~~~ i X100 ~ 0 vi N ~J Lot One Note: Lot served by city water & sewer S89°59'48"E 165.29' 3 00 d O o z o, n~ V LL,•O ~ ~ / // ~o L .I / O. ~~~` 899 Y J, / \~ R ~ ~~~ 1 ~~2o~2j, 335E / N6~2 ti ~ o e~j ~ ~~ i ~~ / S33 S34 ~// ' 5,x,9 AS-BUILT CERTIFICATJON LEGEND As-Built Certificate •$' Monument (found) I hereby certify that the improvements hereon exist as • Rebar/Pipe (found) shown on the following described property. LoF'?f~Jn e Date: 4 June, 1996 F.B. //: 96-1, Pg 22-23 Grace Brethren & ~k Pr erty Replat Scale• 1" = 50' Plat• 76-13 KENAI RECORDING DISTRICT and that no encroachments exist except as indicated. ' • Drawn: CB W.O. #: 96050 Disk: D15\Grace Brethren Exclusion Nate: It is the responsibility of the Owner to determine the ~.~.~~~~.~.~ ~~~~~~~ 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) 293-9047 used for construction or for establishing boundary or SURVEYORS FAX --- (907) 283-9071 PLANNERS fence lines. ~\ J }~ \\\ 7 ~~ ~~. °~~ ~~ ~Y ~a W~~~.. ~~Y~ ~~ I Y e~ ,~; 4 ~Q U I'f - S1 '~~,~en- ~t~ 1~~. c:~ ro ~~~ za a~~ ~~b o~ m C~ ~~°° m ~~~ ~ viF 0.y ~~! pp~~ A i4 ~~ ~.^-~~~ IL ~RETHREN I 1' ~ 1t.A'k>, r +~, ~~.t*~~~. ~, ar~z.~a .,,~~n~~ae. 6i4~~~ '~f~l~aW', itRA~tL~r,~„ `~~R' '.,a°wyd3R ;=u pi ~ s~ . ~'~ a ~ ~( -~ CONCEPT SUPRA I VERTICAL "E ~ M coi MRDR,VEJt3CH wed with 110 Changes. KENAt, AK 99611 907-283-4379 ~` date ~~ I. wed with listed changes Z. date 3. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ February 25, 1998 ~E/Eo ~`~~ „~ i P CITY OF KENA PLANNING AND ZONING OMMISSION PUBLIC HEARING iGOTICE 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 Mestir:g ~~:~6!! commence at 7:00 p.m. in the Kenai City Hall Council ChambviJ. 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 99611-7794 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 PA TY ~~ ~~ s y" ~. ~~' r~ ~~ ,~~~ r' - ~~~ r ~~~ ~ ~~ ~~ . ~~~ .~~ ~~~~~~ ~~--- i a ~ ~ r~~ ~~~a~~~ ~ ?i / ~~ U' CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ u~~cnr 'II~~1 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: PZ98-08-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: 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 ~ 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 3) That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (e) (1) (3) Sign Size (Amended to an additional 14 sq. ft. Total: 168 sq. ft.) 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. 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. 51 That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on March 11, 1998 and continued to March 25, 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 25 , 1998. ' v G~ ~ ~, CHAIRPERSON -~L +2~- r~~~GLG B~~ ATTEST: Planning retary ~z~~; '1 ~-L?~ BICENTENNIAL Yi~aye wr1~a ~ tG'cty w~i a ~u /~/~e! DATE : ~ 1 7 ~ g CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 APPLICATION FOR VARIANCE NAME : ~ ~ UL, ~~- I't p.4JJ ~~l ~ ~i- `='7-6=' 1P ~.FPH01vE - FAX 907-2 -3pT~ .' ',,,; ~E ~'8~ r _:. „~~~; -~~~; PHONE : ~ ~ ~ ~ 8 ~ ~ MAILING ADDRESS: ~ ~ ~ ~ K ~~~ ~ S P~~`'~` ~~~ l~ LEGAL DESCRIPTION OF PROPERTY INVOLVED : l'~7 l°~~~ ~~ ~~' ~ -~ ~ y~ ~~~ c ` a~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. ~~~J 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 $10 5.00 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. n ~ 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 CONIl~iENTS : ~ ~ `~'-~-~~5 ~ -~~ {~- ~.~~'~-~/-'-/`' ~--t~ T~ ~~((`` - Applicant's Signature: /(y, ~/r3ei`ad~ct ~~ ~~ i~-0~ Approved : ~vL/~/ _ y ~ fiO QI~ Gt~c~ i ~-: b Yt cz ( I ~f S ' . ~~ , CHAIRPERSON Attest: ~/, ~g~ ~~ rilyn Kebsc 11, Sec etary C:\WPDDCS\FDRMS\VARIANCE.PG2 ~`~,~~~ ~~~ ~. r F } ~~ _.~. ~x~ .~ ~.. ja ~~ :~~. ~~ 3L f G~ t..~ ~ ,,~ ~:~:. lx~ ~-x ~ ~ ~ ~x ~ ~~s ~ x ~ ~~~ CITY OF KENAI ~ ~- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~-~~ IIII'~ 1992 March 9, 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 25, 1998: PZ98-012-An application for a Conditional Use Permit for Professional Offices for the property described as Lots 6 & 7, Papa Joe's Subdivision, 9520 and/or 9488 Kenai Spur Highway, Kenai, Alaska. Application submitted by Hugh Chumley and Joe Chumley, P.O. Box 753, Sterling, Alaska 99672. 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 25th. 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: March 4, 1998 Prepared By: JL/mk Res: PZ98-12 GENERAL INFORMATION Applicant: Hugh Chumley & Joe Chumley P.O. Box 753 Sterling, AK 99672 Requested Action: Legal Description: Street Address: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit-Professional Offices Lots 6 & 7, Papa Joe's Subdivision 9520 & 9488 Kenai Spur Highway RR1 -Rural Residential 1 Vacant surrounded by Low Density Residential Medium Density Residential The applicants are applying for a Conditional Use Permit for Professional Offices. Under KMC14.20.080 (c~ conditional uses are, "As allowed in the Land Use Table and subject to the provisions of this chapter." The designation "Professional Offices" are designated uses in the Land Use Table. Applicants have provided the information required in KMC 14.20.150 1c): • A written application showing the legal description of the property. • Plans showing the location of all existing and proposed building or alterations. • Anon-refundable deposit/advertising fee of S 100. The applicants applied for a Conditional Use Permit for "Retail/Wholesale Business or "Business/Consumer Services" for these lots which was denied by the Planning and Zoning Commission on January 14, 1998. The applicants appealed this decision to City Council acting as the Board of Adjustment. This appeal was denied. ~~ Conditional Use Permit PZ98-12 Page 2 It is the Commission's responsibility to determine if the proposed use is similar to principal uses permitted in the zone and if the use would be in harmony with the intent of the zone. The Commission should also review the "Comprehensive P/an," Page 22, Residential Land Use Strategies to decide if the proposed use would provide a service to the neighborhood. These lots border the Spur Highway. The Land Use Table allows for conditional uses in this area only for lots with ingress and egress along the Kenai Spur Highway. These lots satisfy that requirement. CONCLUSION: The Commission's decision should be based on public input, a determination if proposed used is similar to principal uses in the zone, if the use would be in harmony with the intent of the zone, and if the use would provide a service to the neighborhood. If the permit is granted, staff recommends that the applicant be required to provide alandscape/site plan for review and adhere to building code requirements for commercial development including parking requirements. ATTACHMENTS: 1. Resolution No. PZ98-12 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING .COMMISSION RESOLUTION NO. PZ98-12 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: Hugh Chumley & Joe Chumley USE Professional Offices LOCATED Lots 6 & 7, Papa Joe's Subdivision (9520 & 9488 Kenai Spur Highway) WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: March 3, 1998 2) This request is on land zoned: RR-1 -Rural Residential 1 31 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 25, 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 CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICES 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 25 , 1998. ~~ HAIRPERSON ATTEST: Pla ing Secretary ~?~ ~~- ~~ CITY OF KENAI CONDITIONAL USE PERMIT NAME J ~- ~ CH V ~ L_L ~ ~ n. d ~~ [.-' C/~ ;. M t-L~'i PHONE ~c>'7~ ~ - ~6 a ADDRESS ~ S~~ ~ 5~~~ K~~^~'~ S,~r rJ.~ , <<f- ,C~'~a_l. LEGAL DESCRIPTION ~c7S lS ~ ~] . a~ r,+, ~o~'~ J`~ I~~ d; t~~ J J ~~ K{'!~r (- ZONING DISTRICT C RR-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 j •G conditional use permit is required for the proposed development as described: ,~ ~ ~ ~' - SS ~~~ NN -~') G ~ ~ Please submit site Plan, Map (if available) and ~• -C Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, ~ ~ elevations of such buildings or alterations and data ' -~- , as may be required. ~~ 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 sheet). RECEIVEp -~..~. ,. "°~ ' ~ 1998 >~ eA}~ ITY OF KENAI 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 j~ sufficiently since the date of initial permit j~-C-C~ 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. r _ ADDITIONAL COMMENTS : ~~ ~ ~ ~ '~ ~~ ~~ ~' ~ ~'~ t Applicant Signature: ~--~ Date: Approved at P&Z Meeting: prdved: ai person ,a ~L ~ t ~z~ I Ii 11. !~`L ~~r~l ~ ~1 ~;~~~'~=~ -~~ i,'~ f ~ ~'~ r~ ~ ~ t~~~~~r~ i~ r= ill-~'.r1 "PROFESSIONAL OFFICES" i.e.: Doctor, Lawyer, Accountant, Insurance Agent, Bookkeeping Services, Dentist office, Engineering office, Computer Consultant/ Internet Services, Real Estate office, Advertising agency, Travel agency and other Professional office use which fall into recognized and publicly accepted categories within the realm of those information and service oriented professional services which require on going use and occupancy of a PROFESSIONAL OFFICE! March 4, 1998 AUTHORIZATION OF REPRESENTATION We, Hugh Chumley and Joe Chumley, of Sterling, Alaska, hereby authorize Barron Butler, of Kenai, Alaska, to represent us and our interests before the Kenai Planning and Zoning Commission with regard to the following matter: The application of Hugh and Joe Chumley for Conditional Use Permit for lots 6 & 7, Papa Joe's Subd., located in the City of Kenai, for the purpose of use for professional offices. SIGNED: ~ SIGNED: _- G Hug um y Jo humley - f #'w ~Ca ~'~~ ~ ~p ~. 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Unfortunately I will be out of state on that date so am submitting this statement in lieu of public comment. If the commission is not fully seated on the evening of this hearing I request, in advance, a continuance until the following commission meeting. The far reaching importance of this decision should only be made with the benefit of a fully seated commission. I request that you deny the approval of PZ98-012 Conditional Land Use Permit submitted by Hugh Chumley 1 Joe Chumley of Sterling. My reasons for this request are outlined as follows: 1. Granting this permit would be in direct violation of Citv of Kenai Zonina Code 14.20.150 regarding Conditional Uses. The Code clearly outlines the only two conditions under which a Conditional Use may be permitted: "uses must be similar to principal uses permitted in the zone ... and ...uses must be in harmony with the intent of the zone." Chumley's Conditional Land Use Permit (CLUP) application does not meet either requirement. Professional Offices are designated as "Commercial" in the Land Use Table and are not "similar to" One to Three Family Dwelling, Churches, Essential Services, Farming/Gardening/General Agriculture, or Off- street Parking. Professional Offices are not "in harmony" and do not adhere to "the intent of the zone" as defined in the City of Kenai Zoning Code 12.20.080. This code states that RR and RR1 zones are "to provide for low density residential development .... which creates a stable and attractive residential environment. The specific intent in establishing the zone is: (2) To prohibit uses which would violate the residential character of the environment." Furthermore, as stated in the Board of Adjustment Decision Case No. BA 98-1: "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 this neighborhood." The intents of the residents has not changed. 2. Granting this permit would be incongruent with the City of Kenai Comprehensive Plan. Page 22 states the city will "support development of neighborhood serving commercial uses such as grocery stores and laundromat in commercial zones." This either is or is not a commercial rezone. If it is not a commercial rezone, then the Plan does not allow for a commercial business outside of a commercial zone and within RR1. If it is a commercial rezone, the city must revisit their 1985 agreement of rezone and assessment with the land Hers (further comments follows). Page 16 states "The Land Use Plan for Kenai, .... is designed to respond to development trends, natural ... _e characteristics, and the community's attitudes about future arowth." The community has unmistakably made their attitude clear regarding this CLUP. We do not want it Page 22 states "Rezone subdivision only upon petition and hearing initiated by a majority of property owners in an identified subdivision." This rezone is initiated by a single property owner against the desires of the majority property owners. 3. Awarding the Chumley CLUP would be an infraction of the good faith agreement made by the Special Assessment Petition (filed 2/5 and 3/19 in 1985) and Ordinance No. 1036-85. In 1985 the citizens of this neighborhood petitioned the City offering to pay 20% assessment for sewer and water improvements contingent upon the city rezoning the defined area from RR to RR1. We ultimately paid 25% records show totaling $328,181 or approximately $287,869 excluding government properties. The attached copy of the original petition leaves no question as to the connection. The attached letter from former Finance Director, Charlie Brown, further acknowledges the clear understanding the City had regarding this connection. 4. Granting this controversial permit opens the city to potential liability for illegal spot zonina. 5. In a memorandum Carey Graves, City Attorney wrote to the Mayor and Councilmembers he advised the following: "The Board should not .... consider burdens or hardships arising .... from plat or deed restrictions since these are not relevant to proper grounds for relief from zonina restrictions . " (See attached letter.) The plat as drawn out in the applicant's packet does not provide the best option for residential development. This, however, can not be the basis for your decision. The applicants hive a variety of configurations and layouts available to them which provide desirable residentially land usage. ge the commissioners to realize the applicants layout may be providing restrictions for which the city can not assume responsibility. 6. I ask you to consider the other issues time simply does not allow me to address. The are: Precedent setting decision with far reaching implications. Traffic safety issue due to and unaligned intersection across a five lane highway with a number of students walking to and from school each day. Growth direction and confidence of our commercial community will be negatively impacted. Please deny the "Professional Offices" Chumley Conditional Land Use Permit application. Thank you ' / ~ 4r' r `,' ~ ti h1AR 1985 ~u `_. SPFCTAL. ASSESSMENT PETITION ~~ " ";r c~EKK ;,~ ~ ._,,~Y CF KEN;,. ~~- t9 ~,. We, the undersigned property owners, desire the Cits~ Jnai to establish an assessment district in the area described in Exhibit 1 which is attached to this petition. „~-^c~'~ ~``'`'=. ~ ~". ~ F~ - ~ ~"C~. Requested improvements include: ~',~;, - 1) Sanitary Sewer and water Supply Systems "~'~~~~,_,~,.,;-~ ~:_ ° - 2) Assessments for the improvements shall be limited to twenty percent (20$) of the actual costs of the improvements. 3.) This petition shall be valid only upon the prior filing with the appropriate administrative official for the City of Renai of a valid petition, containing sufficient signatures, for the rezoning of substantially the area described above, from RR to RR- 1. Property Property Legal Description Borough Owner's Owner's ~ of PrQp~rty Parcel # ~g Sicmature (Print) ~ ~ 1 ~jrT g ~eC •3 3 1~4`~~~rc-nS ~'U~:S~G 1 i~Ti/'i' f ,~i f .~ ' [.vr S'q S4L 3~/ lo~lS- 09o-as I ~l,~A,Udk MA25NALL 1 a,+-~. ~~181aO~ ~!~' 2 /}~k ~ ~ti~~~~ n I G45 ~ c4c- i5 1 '~ ie~u ~ ~S ~~ ~~I C.~ -~n-e',I'lc~- Lvi -lZ 5=:.~,._ 33 I~v~-ove-/2 1 r~us<<~c ,5,:,~~,•:~> I ~.~...~~~,. ~1'.~~ t -l2 St:.~._ 3 ~ I~ys Lwv-~3 I (~? ss~(~ ~:,,~~~ ~~,. I ~'._,,.-.%~~- ~::~ ~ a ~ ~- 1045 -? 3v -d~ I !~ t1.c.t V, l,s.>~~au,.",/ I '/d~~ ~G'-~IIU, C v-tG~- e - ~ I " ~ - o~ I ~~-~I~.~ ~ (~6k.-i ~~Y ~-~~ ~ lam' ~_ _ ~ /, L~ l 4 I " " - 10 1 ~7S'ty ~~ ~ ~,r.~~ I ;~Y•' ~~/ l~~t._--- L 4T' l D Y~ S ~ ~ I '~ ys = C~~ Gti-~r;FR M, ,~ti~,~~~",~i ~~~~1,,, ~~~ ~?.~ .,.~- .'- G [` Lo7': ,ci.,.~ / ~ti/c- IC~%~-1.C'c~G I~~l~',<-~ /~•.i.v I /~' ,".~ir/f` // l- f- ~ c / ~wnrs sy~ I Q45 -C9C'/61 L~a.-/e ~. /~OC~it 1 ,L'[ G.%/~ / -i=--' - - L C T . ~ s~ ~ -~ ~/ ,~~ ~ / L I N,4i^v.i y ~, ~ ~'L Lcs LL S -C~ goy =~ j , ~ I ~W~~~~ %~--sG7~1 ~/_-- ,~ ~7 - .>> -" J CITY OF KENAI - „ail G'~~.~,1 °~ r4~~.,~„ 210 FIDALGO KENAI, ALASKA 99611 - TELEPHONE 283 - 7535 ~iE"t0 T0: Kenai City Council FROM: Charles A. Brown, Finance Director~~~;; DATE : March 25 , 1985 SUBJECT: Assessment District - Aliak/ricCollum On riarch 19, 1985, the City received a revised petition for a water and sewer assessment district in the Aliak/McCollum area. The petition asked for the assessments to be limited to 20% of actual costs. In addition, as with the first petition we received on February 5, 1985, it is contingent upon the validity of a rezoning petition. The scope of the water and sewer improvements requested by the petition is smaller than that planned by the City. The benefitted lots, as requested by the petition, number 72. Therefore, 36 valid signatures are required. I believe that we have at least 39 valid signatures. '~ petition appears to be valid, pending the validity of the rezoning __~etition.. You can review the map that is enclosed marked "Planned by City" and see t?le difference from that "Requested by Petition." The lots that are benefited by the water and sewer improvements, as planned by the the City, number 89. They are listed in detail on the two enclosed printouts. One printout shows legal descriptions, names, and addresses of benefitted property owners. The other printout serves as a preliminary assessment roll. A review of the preliminary assessment roll shows that the City expects total costs of the water and sewer improvement to be about $1,352,000 (excluding design). The City expects to assess 50% of that cost, or about 5676,000. Note that this is not what was requested by the petitioners; t'tley requested an assessment of 20% of cost. All property owners will be liven instructions on how to protest. CITY OF KENA .~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~ 'II~II ~~: MEMORANDUM TO: Mayor and Councilmembers City of Kenai FROM: Cary R. Graves, City Attorney City of Kenai RE: Administrative Appeals from Boards and Commissions A Board of Adjustment is under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it. It is a quasi- judicial body, and while strict rules of judicial procedure may not be applicable to the proceeding before it, the attitude and conduct of members of the Board should be judicial and impartial. The hearing should be a public one and is ordinarily in the nature of a de-novo proceeding and the Board should not refuse arbitrarily to receive and consider material evidence on the issues being presented. Since these hearings are not judicial hearings, they should be more or less informal and not subject to strict judicial or technical rules of procedure. Where no particular method of procedure for the conduct of the hearings is provided for, the hearings must be governed by established rules of the procedure applicable generally to administrative tribunals. The proceedings should be recorded so as to constitute a full and complete statement of the proceedings with particularities sufficient to enable a court to understand what was done should the matter be appealed for judicial review. The Board should not consider anything except the provisions of the laws and facts determinative of the question whether the situation warrants or requires the relief for which application is made. IYor can it consider burdens or hardships arising, not from zoning laws, but from, lat or dee restrictiony~,,,, since these a_re not relevant to ~ner_~ounds for relief from zoning restrictions. Protests and objections should be considered. -1- March 24, 1998 REQUEST OF CITY OF KENAI PLANNING AND ZONING COMMISSION Please include these packets as a part of the Chumley Application for aConditional-Use Permit for Lots 6 and 7, Papa Joe's Subdivision. Please include for Commission Member "packets" for the Meeting of March 25, 1998. Thank you, ~ ~%..~ Barron Butlef On behalf of High and Joe Chumley ~C SUBMITTED TO: Planning and Zoning Commission ~ City of Kenai Mazch 25, 1998 Meeting ~E: Chumley Application for Conditional-Use Permit: Lots 6 & 7; Papa Joe's Subdivision SUBJECT: Quantity of family residences located in "MAPS" neighborhood. (McCollum Dr., Aliak Dr., Princess St. and Spur Highway) (See attached map) TO THE COMMISSION: 1. At prior public meetings it has been stated a MAJORITY of resident households in the "MAPS" area neighborhood are opposed to a conditional-use permit being issued to the Chumley's. 2. Astreet-by-street physical on-site count of structures indicating household families within the "MAPS" boundaries* show the following: STRUCTURES FAMILIES 33 single family dwellings = 33 families 2 two-family dwellings = . 4 families 4 four family dwellings = -16 families Total = 53 families *(See attached map showing location and spazsity of dwellings) 3. Of the fifty-three (53) families located within the subject azea, there have been fifteen (15) families who have recently signed a petition opposing issuance of a conditional-use permit. There were over thirty (30} signatures on said petition representing only een household families with the neighborhood boundaries! This petition and ALL the public opposition by neighborhood family household represents a total of approximately twen -nine percent (29%) of all azea households...NOT A MAJORITY, AS HAS BEEN STATED! 4. The applicants are not suggesting a percentage can't be used in determining a Commission decision. What we aze stating, however, is that there is not now, nor has there ever been a Majority of neighbors who have publicly voiced opposition to the Chumley's attempt to receive aconditional-use permit on these lots! Within this data, we are attempting to point out to the Commission (and to the public in general) that there is twenty-nine percent (29%) of the entire neighborhood which is apparently adamantly opposed to ANY conditional-use permit being issued, within ANY boundary or on ANY border of this sparsely settled neighborhood (See attached map). Of the opposing neighbors there is only two duplexes, representing four families, who aze in stated opposition to the conditional-use permit who aze WITHIN 300 feet of the Chumley lots in question. AFL OTHER opposing households are from ~ to 1~Q feet AWAY from the Chumley lots! 5. It has been stated at public meetings that "renter"-families carry the same weight as property owners at City-held public meetings such as have been held on this matter. We endorse this view! 6. The city has determined "It is not the purpose of the Kenai Zoning Code to protect the owners or existing commercial development from the competition of new development". (Excerpted from Pazagraph C, page 6 of 8, of Decision: Board of Adjustment Case 98-1) It has been further determined that the City of Kenai made no "deals" with the "MAPS" residence regazding any "binding" obligation for the City to maintain RRl status of this neighborhood! 7. Therefore, the current application: (a} Applied ONLY for "Professional Offices" (b} Is ~2 longer opposed by KCHS and the school PTA groups, based on "Professional Offices" category. (c) Is opposed by a MINORITY of the family households within the neighborhood. (d) Complies with Land Use Table requirements. 8. The Applicants respectfully request the City of Kenai Planning and Zoning Commission issue a favorable opinion of this Application:. as submitted tonight (3/25/98) and grant a Conditional-Use Permit allowing only "Professional Office" use on these Lots 6 & 7 of Papa Joe's Subdivision. " Thank you, Hugh huml ~~~..~~Q wn~~o~~w E,~'j 'l,N 3 SS3~7V ,OS vv''~~ F,; c sor~ ~ ooe toE •1~L 1 Q~Ill~ll-L ~ - D ~' '~ ~. ~' ~ Qa/ ~vn a He4 ~ °lj, ~ W ~ i5 Q o W r~ CV ,~ ~ ail / a N ~ , -L ~ ~ ~~ ~ ~ '1,MS3 SS3~~d ,EE _, +r.l N 121f10~ l1Sb~ ~tl ,EE ~ ! w ~ ~ Q CV ~r ~ ~ ~ ~\ ('~~ a ~ , Q w -i --+ V S ,OE ~, ~ ' c ~ ~ ~ m i 1 ~ ~ r- ~+~ ~ _'_ ~ 'y Lu ~ a a d' ~ ;r, rc, ~ ~.~ .~ ~ ~ ~ ~ ^~' ~ ~ ~ „~- i ~r esr eor aor rr~ ore eoe y~ `.t1 ra ~ ~l 11 .~' i ~ nc ~~ ~• ~ ' ~ ~ ~ ~- / .r $^' ~ Q c Gq ~ , t 1~ ~ ~ ,, ~ ~ ~ ~ ~ ~ ~ ~- , - ~ n F: d \ ~ ,y W gt n = ~ ,~' 1F H W H ~j Q ~ h .~ ~`~ v°~ oa ¢ ~ ~~ ~~ eoe roe aoe ;, ~S' oy T r17T , .NS3 SS ~~tJ ,EBB ~ ~- ~ ~, car ne ~Li lit 1.HS3 SS3~~k/ ,EE \ ~~ j ` ~ ~ ~ ~c me ~ F ~\ ~/ b w ~ ~ ~ ~ ~ .-, d fQ. ~ $~ ~ ~W ~ ,\ H ~ § ~ ~ ~ •.. a eor qpr ~ U ~ ~ .~~` ~ ~' --ti ~ coe to A 1 .., ,~"' P r' U o ~ ~ ~ n ,~ eo- sor our w 90E r0E 20E _ f/C _ i (1~ 1 ^7 STAFF REPORT To: Planning & Zoning Commission Date: 3/16/98 Prepared By: JL/mk Res: PZ98-14 (PZ96-38) GENERAL INFORMATION Applicant: Les & Susan Bradley 1 101 Third Avenue (P.O. Box 1631) Kenai, AK 9961 1 Requested Action: Transfer of Conditional Use Permit -Bed & Breakfast Legal Description: Government Lots 83 & 84 Existing Zoning: RS-Suburban Residential Current Land Use: Medium Density Residential ANALYSIS Administrative Assistant: Les & Susan Bradley have purchased the property described above. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. Ms. Bradley states in her request that she intends to use the permit in accordance with the operations described in the current permit. Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ96-38, approval of the transfer should be granted. It should be noted that the correct address for Lot 83 is 1101 Third Avenue and Lot 84 is 1105 Third Avenue. In addition, it should be noted that the original Resolution PZ96-38 required that the Moyers register with the City to collect bed tax. The City no longer has a bed tax; thus, this requirement should be removed from the resolution. ATTACHMENTS: 1. Resolution No. PZ98-14 2. Letter requesting transfer. 3. PZ96-38 Application, resolution, and comments CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-14 (PZ96-38) TRANSFER OF CONDITIONAL USE PERMIT BED 8z BREAKFAST A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: GLEN AND ANDREA MOYER TO LES AND SUSAN BRADLEY FOR THE PROPERTY DESCRIBED AS GOVERNMENT LOTS 83 AND 84 WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Olen & Andrea Moyer on May 22, 1996. 2. That KMC 14.20.158 requires that a written request for transfer be submitted. 3. That Susan Bradley submitted a request for transfer on March 16, 1997. 4. That the transfer requires that the permit continue operation under conditions originally outlined. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR OLEN AND ANDREA MOYER FOR A BED AND BREAKFAST BE TRANSFERRED TO LES AND SUSAN BRADLEY. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 25, 1998. CHAT PERSON C" TEST: PLAN NG SECRETARY ~~ ~ / CITY OF KENAI CONDITIONAL USE PERMIT NAME J! ~ n.,f C Gr- ~1~:. t °~ nJ ~ r ~- .3 / i I C,~ ~~` ~ ~ PHONE '~~ c5 .~ ~ ''~" `' )~ MAILING ~ ~ , J `~ ~~ X ~'~ ADDRESS t= rV r~- k )C C/ ~? fi ADDRESS J ~ C7 `~'~ ~'~ ~~r~ ~` th ~ _ C4-i? V ' 7"" Lv g' 3 ~ ro C. ~ j f 7"'~p~L7 1 ~' i~ f LEGAL DESCRIPTION ~- V `~ `-~ ~ ZONING C RR RR-1 ~ RS-1 RS-2 CC CG IL IH R RUl DISTRICT 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: 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, elevations of such buildings or alterations, and data as may be required. t~~~ 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 ~ ~'~'I notification costs. (Please see attached sheet). ~P~~~~ ~~- "-, `~. .~ ~~~ ~ °~ a :`+a s~'~ -iJJ 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 COMMENTS: f`~ ~, C ~ ~/ fig - ~ •!~.~'/ 'C'` l Applicant Signature: ~ ~ -- ;-~---= Date: ~,,,~ ~~" Approved at P&Z Meeting: ~--~~ //^ pproved: Chairperson CITY' OF KENAI PLANNING AND, ZONING COMMISSION RESOLUTION NO. PZ 96-38 CONDITIONAL USE PERNIIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: BED & BREAKFAST, ___. TO: GLEN (GENE) & ANDREA MOYER LOCATED THIRD AND FLOAT PLANE (GOV'T LOTS 83 & 84) WHEREAS, the Commission finds: 11 That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 6, 1996 2) This request is on land zoned Suburban Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: Upon approval of this permit, the applicant will register with the City of Kenai Finance Department for the Hotel/Motel Bed Tax. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: May 22, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT 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, MAY 22 , 1996. ~ ~ti l ~ , CHAIRPERSON A TEST: Planning Secretary STAFF REPORT To: Planning & Zoning Commission Date: May 7, 1996 Prepared By: JL/mk Res: PZ 96-38 GENERAL INFORMATION Applicant: Olen (Gene) & Andrea Moyer P.O. Box 433 (1 105 Float Plane) Kenai, AK 9961 1 Requested Action: Conditional Use Permit-Bed & Breakfast, R.V. Parking, Camping Legal Description: Gov't Lots 83 & 84, Sec. 31, T6N, R11W Existing Zoning: Suburban Residential (RS) Current Land Use: Medium Density Residential ANALYSIS City Engineer: The applicant wishes to utilize an existing residential building as a Bed & Breakfast located along Float Plane Road. Also, up to four (4) R.V. parking spaces and eight (8) camping spaces would be provided with the R.V. entrance from Third Avenue. Approximately 2 acres is available at the site with a swale along the westerly side, the airport along the easterly side, Third Avenue to the north and governments lots to the south. Considering the space available and other site characteristics, this site may be appropriate for the proposed use. Building Official: Toilets and urinals shall be provided for any RV park as per Sec. E46 of the Uniform Building Code. They shall be located within 250 feet of any RV site not provided with individual sewer connections. ~~ Planning & Zoning Commission PZ96-38 Comments Page 2 RECOMMENDATIONS Recommend a suitable buffer be established along Third Avenue, Float Plane Road, and to the south, using the swale as a buffer to the west. Consider public input. ATTACHMENTS: 1. Resolution No. PZ96-38 2. Application 3. Drawings '7b memorandum Date: 3/12/98 To: Planning & Zoning Commission ~, From: Marilyn Kebschull, Administrative Assistant RE: KMC 14.20.230 HOME OCCUPATIONS Attached is City Attorney Cary Graves' interpretation of the above-referenced section of Title 14 of the Kenai Municipal Code. Please review this information. Based on Mr. Graves' interpretation, we will no longer be requiring individuals who operate businesses that satisfy the requirements of KMC 14.20.230 to apply for a Home Occupation Permit. Mr. Graves does note that the code could be amended to require a permit for Home Occupations and offered to draft an amendment for your review. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ ~~ 'III~1 1992 MEMORANDUM To: C' ~ Marilyn Kebschull, Administrative Assistant From: Cary R. Graves, City Attorney Date: March 11, 1998 RE: KMC 14.20.230 Home Occupations This memorandum is in response to your request for clarification of KMC 14.20.230 - Home Occupations. That memorandum was prompted by a letter from Colleen Ward outlining her interpretation of the City's home occupation ordinance. Ms. Ward's letter states that she believes home occupations do not require a city permit as long as they are within the stated intent of the ordinance. QUESTION: DOES KMC 14.20.230 REQUIRE THE ISSUANCE OF A PERMIT BY THE PLANNING & ZONING COMMISSION? A. KMC 14.20.230(a) reads: (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses in residential zones only so long as all the development requirements listed in this section are observed. The term "home occupations" is defined in KMC 14.20.320(38) as "an accessory use of a service character customarily conducted with a dwelling, by the residents, which does not involve the conduct of trade on the premises". Marilyn Kebschull March 11, 1998 ~ Page 2 of 3 The term "accessory use" is defined in KMC 14.20.320(2) as "a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land." B. One issue is whether the phrase "to permit" means simply to allow or instead means issue a permit for. Ms. Ward argues the phrase "to permit" means to allow and that no permit is needed provided the development requirements in KMC 14.20.230(d) are met. Permit is used as a verb in the first sentence of §230(a). The American Heritage Dictionary (Third Edition) gives the primary definition of the verb rmit as, "to allow the doing of (something); consent to." Webster's Ninth New Collegiate Dictionary gives the primary definition of the verb ermi as "to consent to expressly or formally." It appears that the ordinary usage of the phrase "to permit" is to allow rather than to issue a permit for an item. C. Ms. Ward points out that, unlike the conditional use section in the code (KMC 14.20.150), nowhere in §230 does it call for a permit application or review process for the Planning & Zoning Commission. Although not mentioned in her letter, other sections of the Kenai Zoning Code also specifically refer to a permitting process when a permit is required. KMC 14.20.321, which authorizes bed and breakfast establishments, specifically refers to the conditional use process to get authorization. That section states, "It is the intent of this section to permit bed and breakfast establishments ly conditional use which is compatible with other permitted uses..." (Emphasis added.) KMC 14.20.220 regulating signs states in part, "[a] permit shall be obtained from the administrative official prior to the installation of any sign..." KMC 14.20.180 (Variances) and KMC 14.20.185 (Encroachments) also specifically refer to a permit process in the body of those ordinances. It appears, therefore, that the Kenai Zoning Code ordinarily provides for or refers to a specific permit process when one is required under the code. D. KMC 14.20.230 describes a home occupation as an accessory use. Under the Kenai Zoning Code, accessory uses are usually allowed without a permit as long as they meet the statutory definition in KMC 14.20.320(2). See also McQuillen Mun Corp §25.125 (3rd Ed); Williams Am Land Plan §74.12-15. The Seward City Code §15.10.240 (Home Occupations) is virtually identical to our KMC 14.20.230 (a) and (d). I contacted the Seward Planning Department to see how they dealt with home occupation as accessory uses. The person I spoke with stated that they do not require permits for home occupations because they are Marilyn Kebschull March 11, 1998 Page 3 of 3 accessory uses. Home occupations are, however, expected to comply with the development requirements of the ordinance. E. In summary, my review shows the following: 1) the phrase "to permit" ordinarily means "to allow" rather than "to issue permits for;" 2) accessory uses ordinarily do not require permits; 3) under the Kenai Zoning Code, requirements for a permit are usually explicitly stated in the code by describing the process by which they are applied for or issued; 4) no permit application or issuance process is contained in KMC 14.20.230. For those reasons, it is my opinion that KMC 14.20.230 does not require a "permit" for home occupations. Home occupations still must comply with the requirements of the ordinance. Failure to comply could bring an enforcement action just as establishing a principle use in a zone that is not allowed under the land use table. KMC 14.20.230 could be amended to require a permit. I would be happy to draft an amendment for the commission's review, if they feel that they would like the code amended. If you have any questions regarding this memorandum, please let me know. CRG/sp AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 18, 1998 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /ww~v.Keaai.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 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS ~~~~ ~ 1. Resolution No. 98-11 -Transferring $28,185 Frvm the Airport Land System Special Revenue Fund to the. General Fund. 2. Resolution No. 98-12 -Transferring $14,450 From General Fund Non- Departmental Contingency to Pay Rent on the Ne~v Animal Control Shelter. 3. Resolution No. 98-13 - Awarding a Five-Year Contract for the Kenai Municipal Airport Terminal Gift Shop Concession to Jep Frederick Hansen d/b/a/ Alaska Wild Fin. 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 -1- 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 March 4, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS '~ ~" 1. Bills to be Paid, Bills to be Ratified ~oprorfed ndh~ ~ 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1?76-98 -Replacing KMC 12.20.010, (Expectorating on Streets and Sidewalks) With New Wording Described as "Deposit of Refuse." 4. *Ordinance No. 1777-98 -Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 5. *Ordinance No. 1??8-98 -Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. ~o~oYDr/P..~ 6. Approval -Change Order No. 3/Alaska Regional Fire Training Center/Alcan General, Inc. - $147,1.93.45. ~p~Ji^v/P-A~ 7. Approval -Special Use Permit/Portion of Tract A, General Aviation Apron #2 -Kenai Air Alaska, Inc. `~C~~~~~j Discussion -Schedule Budget Work Sessions ~/~1~ LGdr.~u~;o) iii/98 ~~~~~~ 9 ~) Discussion -Ordinance for Moratorium/Reapplying for Conditional Use Permit After Denial. -2- rvY~ to ~qp~ y'dYP,.G~• 11 Discussion -Lease Application/James H. Doyle, Tract B, Gusty Subdivision No. 6. Discussion -Lease of Counter Space/Kenai Airport Terminal - Artha L. (Bonnie L. Koerber, Garrison Corporation d/b/aBudget-Rent-A-Car. EXECUTIVE SESSION -None Scheduled. I. ADMA~ISTRATION 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- ~~~ KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT ~C '~/~ - SOLDOTNA ALASKA j ~ , ,Q, March 23, 1998 5:30 P.M. v~'~ ACgtiy~N~-o ~ ca~ Tentative Agenda gR~q~ tilFi~ A. CALL TO ORDER r Members: B. ROLL CALL '1o1io ~e~n Areawide C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 1898 Ellis Hensley 1. Agenda Nikiski Term Expires 1898 2. Member/Alternate Excused Absences Brent Johnson i(asilotArea a. No excused absences requested. Term Expires 2000 Ann Whitrnore~ainter 3. Minutes Moose Pass Area Term Expires 2000 a. March 9, 1998 1 D. CONSIDERATION OF PLATS ALTERNATES: Philip Bryson 1. McNeil Point S/D Lot 5 Replat; McNeil Can yon tcenai city Term Expires 1998 Revised Preliminary; Carlos Freeman KPB File 97-253 Leroy Gannaway Homer city Term Expires 1998 2. Llo d Race S/D Resub Lot 14 y Mission Avenue, north of Homer Preliminary; Ability Surveys KPB File 98-049 3. Westwood Estates No. 2 Replat; north of Homer, east of West Hill Road Preliminary; Ability Surveys KPB File 98-050 4. Honey Bird S/D north of Seward, south of Kwechek Creek Preliminary; Johnson Surveying KPB File 98-051 5. Pedersen's Moose River S/D Martin Addn. west of Moose River; Preliminary Wince-Corthell-Bryson KPB File 98-052 i F ~"` ~~ t ,. a,~ 'a ~.. d kff. 6. Questa Woods S/D No. 7 north of Seward, east of Kwechek Creek Preliminary; Cline & Associates KPB File 98-053 7. Cook Estates Sleepy Lagoon Addn. West of 3 Johns Road & Moose Range Preliminary; Swan Surveying KPB File 98-054 8. Homewood S/D Holland Addn; Whisper Lake Preliminary; Swan Surveying KPB File 98-055 9. Chumley Tracts No. Two Sterling Highway, Robinson Loop area (Preliminary postponed from 3/9/98) KPB File 98-045 [Integrity Surveys] E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is April 13, 1998 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. z KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ~ ASSEMBLY CHAMBERS C`c SOLDOTNA, ALASKA f G~~~ March 23, 1998 7:30 P.M. w ~ , ~ n W ~'~tiG Tentative Agenda OF~~,y ~ ~ ~i ~ 'F A. CALL TO ORDER ~ tiT John Hammebnam chairman B. ROLL CALL Areawide Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT yip n*r~ AGENDA Vice chairman Kenai City Term Expires 1998 All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or Ann Whitmoro-Painter someone from the public so requests, in which case the item will be removed from the consent agenda and parliamentarian considered in its normal sequence on the regular agenda. Moose Pass Area Terra Expires 2000 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 Peggy G. Bascacci comment. PC Member Teem ga ~ 4000 xp 1. Time Extension Requests ~ CaMeenr~~ a. Reger Subdivision Banner Addn. sewara city Location: City of Soldotna Term Expires 1999 KPB File 96-249 [Wince-Corthell-Bryson] Robert Clutts PC Member Anchor Point b. Waugh $/D Tern Expires 1998 Location: Sterling Highway approximately one mile north wes colermam of Anchor Point Pc Member salaoma city KPB File 96-023 Seabri ht Surve in [ g Y g] Tenn Expires 1999 Leroy Gannaway c. Louie's Lagoon ~ Me'°be'' Location: Homer Spit within the City of Homer Homer. City Term Expires 199s KPB File 97-066 [Herndon & Thompson] Ellis Hensley, Jr. Pc Member 2. Plats Granted Administrative Approval Nikiski Term Expires 1999 3. Plats Granted Final Approval Under 20.04.070 -None Brent Johnson PC Member KasilofArea 4. Plat Amendment Requests -None Term Expires 2000 Tom Knock 5 Coastal Management Program PC Member . Cooper Landing Tenn Expires 1998 a. Coastal Management Program Consistency Reviews 1 r '' 4 ,~-•° ,~, ,: , 1) Homer; Timber Harvest; Detailed Plan of Operations; Rainwater; KK98-02 2) Homer; Timber Harvest; Detailed Plan of Operations; Yeck and Son Logging, Inc.; KK98-03 b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Tom Knock 8. Minutes a. March 9, 1998 Plat Committee Minutes b. March 9, 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 artangements are made.) E. UNFII~IISHED BUSINESS 1. Ordinance 97-75: An Ordinance Amending KPB 17.10 Regarding Classification of Borough Lands; carried forward from December 15, 1997 F. PUBLIC HEARINGS 1. Petition to vacate temporary turn around easement, Lot 4, Block 1, Emerald Highland Estates Unit 2 (Plat 76-29 HRD) Section 13, Township 6 South, Range 14 West, Seward Meridian, Alaska and within the City of Homer; KPBPC Resolution 98-13; KPB File 98- 036 2. Classifying Lots 8, 9, 10, 13, and 14, Bernice Lake Alaska Industrial Subdivision, and a Portion of Government Lot 1, Section 36, T8N, R12W, S.M., Alaska Known as "Preferred Contractor's Parcel" as Light Industrial 2 3. An Ordinance Authorizing the Negotiated Purchase of the Six Lease Parcels at Fair Market Value 4. Reclassification of a 10-acre Parcel of Borough Land in the Cooper Landing Area from Residential to Preservation; Described as Tract A, Sunrise Conceptual Plan 5. A Resolution Changing the Name of Nikiski Junior/Senior High School to Nikiski Middle/Fiigh School 6. Ordinance 98-08: Approving the Revised Road Standards for the Kenai Peninsula Borough Road Maintenance Program and Providing for Road Decertification Procedures 7. Ordinance 98-09: Amending KPB 14.40 Regarding Parking, Size, and Weight Restrictions and Control of Construction and Blockage Within Borough Rights-of--Way G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate twenty foot utility easement within Tracts 1-A, 4= A & 4-B, Peninsula Center S/D Gardner Addition. Within Section 32, Township 5 North, Range 10 West, Seward Meridian, Alaska and within the City of Soldotna; KPBPC Resolution 98-14; KPB File 98-047 H. SPECIAL CONSIDERATIONS P/W Randall, Stephen C.; Section 13, Township 5 North, Range 8 - West, Seward Meridian, Alaska; KPBPC Resolution 98-15; KPB File 98-048 2. Meridian Park Lot 17, Block 4; Building Setback Exception; KPBPC Resolution 98-08; KPB File 98-035; Clarification of Commission Action; Requested by Staff I. CONSIDERATION OF PLATS The Plat Committee will review nine plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS Kenai River; Kenai River Bridge Crossing, Sterling Highway to Funny River Road; Final Environmental Impact Statement (FEIS) and Final Section 4(f) Evaluation Comments L. OTHER/NEW BUSINESS 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 additional 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 Road; KPB File 98-010 Postponed until brought back to the Commission by staff. Q. ADJOI:fRNMENT PLAT COMMITTEE The Plat Committee will meet March 23, 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 April 13, 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 April 13, 1998 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUII2ED 1. March 6, 1998 Letter from Anchor Point Advisory Planning Commission Regarding the North Pacific Volcano Learning Center 2. March 10, 1998 Letter from Patricia May Regarding Road Construction 3. Homer Advisory Planning Commission March 4, 1998 Minutes PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS KPB Material Site Task Force March 18 Kachemak Bay Advisory Planning Commission March 19 Moose Pass Advisory Planning Commission April 1 Kachemak Bay Advisory Planning Commission Apri12 Anchor Point Advisory Planning Commission Apri17 Cooper Landing Advisory Planning Commission Apri18 Funny River Advisory Planning Commission April 13 Kachemak Bay Advisory Planning Commission April 16 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 1 F ~' To: Sue From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: March 20, 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. Thanks. March 20, 1998 '~ i CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS March 25,1998 at 7 p.m. http://www. Kenai. net/city 6:00 p.m.-Work Session-Review of Development Requirements Table 7:00 p.m.-Regular Meeting 1. CONSIDERATION OF PLATS: a. PZ98-13-Preliminary Plat Horseshoe End at River Bend Subdivision, Garcia Addition b. PZ98-15-Preliminary Plat-Carl F. Ahlstrom Church of God Replat 2. PUBLIC HEARINGS: a. PZ98-07(Continued from 3/11/98~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 (Continued from 3/11/98~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. PZ98-12-Conditional Use Permit (Professional Offices~Lots 6 & 7, Papa Joe's Subdivision, 9520 &/or 9488 Kenai Spur Highway, Kenai, Alaska. Application submitted by Hugh Chumley & Joe Chumley, P.O. Box 753, Sterling, Alaska. 3. NEW BUSINESS: a. PZ98-14 (PZ96-38~Transfer of Conditional use Permit, Bed & Breakfast From Olen & Andrea Moyer to Les and Susan Bradley-For the property described as Government Lots 83 & 84, 1101 Third Avenue, Kenai, Alaska. b. Review of KMC 14.20.230-Home Occupations 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: March 23, 1998 • Page 2