HomeMy WebLinkAbout1998-04-22 p&z packetCITY OF KENAI
PLANNING AND ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
April 22, 1998 - 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: Apri18,1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
a. PZ98-17-Encroachment Permit for Side Yard Setbacks-Lot 1, Beaver Creek Estates (925 Ames
Street), Kenai, Alaska. Application submitted by Bill Bryant, 925 Ames Street, Kenai, Alaska.
7. NEW BUSINESS:
a. Ordinance 1779-98-Amending KMC 14.20.150 to prevent the same or substantially similar
conditional use permit applications from being considered by the Planning & Zoning Commission
more than once in any nine month period.
8. OLD BUSINESS:
a. PZ98-18-Amending KMC 14.20.230 to Require Permits for Home Occupations
9. CODE ENFORCEMENT ITEMS:
a. Lot 12, Block 3, VIP Ranch Estates
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Planning Commissioner's Corner - "Giving Due Process"
b. KPB Administrative Approval Buffalo Run S/D Phase 1
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
April 8,1998 - 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: March 25, 1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
a. PZ98-11 Variance Permit (Off Premise, Oversize Sign~Tract A-2, Evergreen Tract A
Resubdivision (approximately 12848 Kenai Spur Highway). Application submitted by Jerry Stock,
1614 Fourth Avenue, Kenai, Alaska.
b. PZ98-16 Variance Permit (Oversize Sign~Tract 3-B-2, CIIAP Subdivision No. 5 (10640 Kenai Spur
Highway). Application submitted by Restaurants Northwest (Burger King), 3841 West Dimond,
Anchorage, Alaska.
7. NEW BUSINESS:
a. PZ98-18-Amending KMC 14.20.230 to Require Permits for Home Occupations-Discussion
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. Ordinance No. 1779-98
b. Letter from Pastor Chris Hay dated 3/27/98
c. Memo from City Attorney Graves dated 3/24/98
d. Building Permit/Sign Permit Information
e. Findings of Fact - Chumley
f. Fair Housing Conference Information
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
April 8, 1998 - ?:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
1. CALL TO ORDER AND ROLL CALL:
Chairman Glick called the meeting to order at 7:00 p.m.
Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Karen Mahurin,
Michael Christian
Members Absent: Teresa Werner-Quade
Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary
Barb Roper
2. APPROVAL OF AGENDA:
GOECKE MOVED TO APPROVE THE AGENDA ADDING AN
INFORMATIONAL ITEM AND ASKED FOR UNANIMOUS CONSENT. MOTION
SECONDED BY MAHURIN. AGENDA WAS APPROVED WITH THE ADDITION.
3. APPROVAL OF MINUTES: March 25, 1998
CHRISTIAN MOVED TO APPROVE THE MINUTES OF MARCH 25, 1998.
MOTION SECONDED BY GOECKE.
Bryson stated the third paragraph on page 18 should read: "Bryson: Point of
Order, this is essentially a postponing or tabling motion which is not debatable.
MINUTES OF MARCH 25, 1998 WERE APPROVED WITH THE ABOVE
NOTED CORRECTION.
4. PERSONS SCHEDULED TO BE HEARD: None
5. CONSIDERATION OF PLATS: -None
6. PUBLIC HEARINGS:
a. PZ98-11 Variance Permit (Off Premise, Oversize Sign) -Tract A-2,
Evergreen Tract A Resubdivision (approximately 12848 Kenai Spur
Highway). Application submitted by Jerry Stock, 1614 Fourth
Avenue, Kenai, Alaska.
Planning 8s Zoning Commission
April 8, 1998
Page 1
GOECKE MOVED TO APPROVE PZ98-11. MOTION SECONDED BY
CHRISTIAN.
There were no public comments. Staff had nothing additional but
brought attention to the permission letter in the packet and the noted
time limit.
Mahurin reported she will vote against the variance as she has on
several other similar requests. Mahurin pointed out she is getting very
frustrated as the Commission is constantly being asked to change the
ordinance. Mahurin suggests either the ordinance be changed or the
Commission stop granting variances for larger signs. Mahurin
continued, in all fairness it's not right to say one is okay and not
another, traditionally she will vote no on these requests.
Christian asked if the applicant was trying to sell four individual lots in
the area. Kebschull confirmed that was correct and the lots are all off
the highway. The City owns the land the applicant wants to place the
sign on. Christian stated it appears that anyone with property for sale
can ask for a variance to place a sign. Christian indicated he will vote
against the request.
Vote
BRYSON Yes
GOECKE Yes
MAHURIN No
GLICK No
WERNER-QUADE Absent
NORD Yes
CHRISTIAN No
Motion failed.
b. PZ98-15 Variance Permit (Oversize Sign) -Tract 3-B-2, CIIAP
Subdivision No. 5 (10640 Kenai Spur Highwayj. Application
submitted by Restaurants Northwest (Burger King), 3841 West
Diamond, Anchorage, Alaska.
CHRISTIAN MOVED TO APPROVE PZ98-15. MOTION SECONDED BY
NORD.
Public Hearin
Erick Musser, Kenai, Alaska reported he attended the meeting to
answer any questions the Commissioners may have.
Planning 8s Zoning Commission
April 8, 1998
Page 2
Bryson asked if the sign was already on site. Musser replied it was but
it is not erected.
Mahurin asked if there was any reason why the sign couldn't be smaller
to meet the City code. Musser replied there isn't any reason but they
don't have any control over it as the Buger King Corporation sets the
sign parameters. Musser indicated they do have some options available
to them but if the Commission wishes they can and would be willing to
eliminate the "drive-thru" sign which is proposed to go under the Burger
King sign.
Christian pointed out the Commission is concerned about the sign but
agreed there is a very nice building and the style is appreciated.
Christian complimented Burger King on the nice facility and making it
attractive from both sides.
Scott Cunningham, Owner of McDonalds, Kenai, Alaska stated he
wasn't trying to get into any kind of fight but he had a question
regarding the notice he received which indicated there were special
conditions. Cunningham indicated that he was not aware of any special
conditions as that particular building is one that is more visible from the
Spur Highway.
Glick asked Cunningham if the McDonald sign was under a Conditional
Use. Cunningham replied he wasn't here when it was erected so he did
not know. Kebschull stated she has not seen a Conditional Use for that
sign. Glick thought the sign was turned down at one time. Goecke
stated they turned down the height of sign.
Public hearing closed.
Mahurin indicated that she had the same concern as with the previous
issue. In this particular case she has a couple of other concerns.
Although she appreciates Burger King being there she reminded the
Commission that a variance request was turned down for MAPCO right
across the street. Mahurin stated she will vote no and it is not to imply
that she is not in support of the business, she cannot say yes to one
applicant and no to another for the same thing.
Glick asked staff if other variances were granted to other competing
business such as Arby's or McDonalds. Kebschull replied she was not
here when those businesses were built but she noted that the City
Engineer made reference to the MAPCO denial.
Planning & Zoning Commission
April 8, 1998
Page 3
Nord suggested the issue be continued to the next meeting to give staff a
chance to review past variance requests. Nord pointed out that Musser
did offer to remove the drive-thru sign.
NORD MOVED TO CONTINUE PZ98-16 TO THE APRIL 22, 1998
MEETING AND ASKED STAFF TO INVESTIGATE FURTHER.
MOTION FAILED DUE TO LACK OF SECOND.
Vote
GOECKE No
MAHURIN No
BRYSON No
GLICK No
Motion failed unanimously.
NORD
No
CHRISTIAN No
WERNER-QUADE Absent
Glick informed Musser that he can appeal the decision to City Council.
7.
NEW BUSINESS:
a. PZ98-18 -Amending KMC 14.20.230 to Require Permits for Home
Occupations -Discussion
Nord stated that item (g) Telecommuting, the definition noted in the last
sentence is of concern as there are many individuals who work in their
own home without being connected to any central office or computer.
Nord asked where this would leave the person not connected. Kebschull
answered that staff had the same concern as it is not generally known
that people operate from their home and it will be almost impossible to
enforce.
Mahurin asked why there was concern with home occupation permits
and if it relates to the hearings held recently. Glick replied, the City
Attorney, after reviewing the code, determined that permits for home
occupations are not required for the City but people have been asked to
come in and get one from the Planning and Zoning Commission. Several
home occupation permits have been issued.
Bryson indicated that he has a problem with the proposal. If someone
just has to review the laws and ordinances to determine whether it's a
reasonable use then Administration could do that a lot more efficiently
and quicker than Planning and Zoning can. Bryson continued, there
should be a record of the application for tax purposes, it should be noted
Planning 8v Zoning Commission
April 8, 1998
Page 4
there is a business being run out of a residence, and there has been an
approved permit. The Planning and Zoning Commission could be
notified by memorandum.
Goecke believes the Planning and Zoning Commission should continue
to approve the home occupation permits as these requests are publicized
and neighbors are notified of the business. If Planning and Zoning
doesn't approve the requests the neighbors are not given the public
hearing opportunity.
Christian agreed with Goecke as letters are not sent out for home
occupations so neighbors are not given notification. The agenda is
published in the paper so people are made aware of permit requests.
Mahurin felt the applicants should go directly to Administration for a
permit.
Bryson stated that if an application is made and approved by
Administration a system could be set up where the item appears as a
Consent Agenda and is a part of the Planning and Zoning agenda. A 30-
day protest period could be incorporated before actual approval is made.
Bryson explained the Kenai Peninsula Borough and the Kenai City
Council has a consent agenda section that is addressed in a motion.
This ensures that it is public information.
Kebschull explained the process used for home occupation permits.
When a person calls the City to see if they need a permit, a list of
questions are asked to determine the level of activity. Currently these
individuals are told that if they satisfy the guidelines of the home
occupation section of the Code they do not require a permit. They are
also told that it is being reviewed and they may need to come back for a
permit. Kebschull noted that if activity is increased or if a neighbor
notices it and files a complaint then they would be required to obtain a
conditional use permit.
Bryson stated he had a problem with pushing this to a conditional use
level due to the cost of advertising and the time involved. He would like
to see this remain as a walk in, walk out situation and a record be
maintained of what is being done.
Goecke indicated that he concurred with Bryson that perhaps a Consent
Agenda would be sufficient but he is not willing to give up the home
occupation approval process at this time.
Planning 8v Zoning Commission
April 8, 1998
Page 5
Discussion took place on the consent agenda suggestion and it was
determined that staff would come back with another draft for the
Commission to review.
8. OLD BUSINESS: -None
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
b. City Council - No report
b. Borough Planning: - No meeting held.
c. Administration:
Kebschull reported the Planning Commissioner Training information was
included in the packet again and she needs to know by Friday if anyone
wants to attend.
A copy of the STIP, Year 2000 information is available if anyone is
interested in reviewing it.
Kebschull noted that the appeal regarding the Chumley decision will go
before Council on April 15. The Fruichante's appeal hearing will also be
set.
11. PERSONS PRESENT NOT SCHEDULED:
Leo Oberts, Chinook Court, Kenai, Alaska attended the meeting to again
inform the Commissioners that he is planning to subdivide his property.
Oberts also expressed concern over several issues and thought the rights of
property owners should be taken into more consideration. Oberts expressed
concern with the road to the Pillars, it is difficult to see oncoming traffic on the
Spur Highway in either direction.
Mahurin thanked Oberts for attending the meeting and informed him his
concerns are shared. The Pillars road is a problem.
12. INFORMATION ITEMS:
a. Ordinance No. 1?79-98
b. Letter from Pastor Chris Hay dated 3/2?/98
c. Memo from City Attorney Graves dated 3/24/98
d. Building Permit /Sign Permit Information
Planning 8s Zoning Commission
April 8, 1998
Page 6
e. Findings of Fact - Chumley
f. Fair Housing Conference Information
13. COMMISSION COMMENTS AND QUESTIONS:
Commissioner Mahurin apologized for not being at the last meeting as she
was traveling and her father took ill. He is now doing fine.
Mahurin asked about the rationale for the Findings of Fact and why both sides,
the prevailing and descending, did not sign the document. Mahurin noted that
Werner-Quade did not sign the document.
Bryson explained that the Borough requires Findings of Fact on all decisions at
the Planning Commission level when that can be the final determination. If the
issue wasn't protested then it becomes the record and that's where the
Findings of Fact should be. Bryson indicated that he didn't consider this a
deviation from normal practice.
Mahurin pointed out that she was not inferring it did but she just wanted to
know the rationale behind it. Mahurin again expressed concern with the lack
of Werner-Quade's signature on the document. Mahurin added, the last
Findings of Fact she saw both sides signed the document. Nord thought that
both sides signing was normally the case. After a general discussion Kebschull
stated she would pass the concern on to the attorney.
Commissioner Nord expressed concern with the lack of assistance to Mr.
Oberts and thought that perhaps the Commission could have referred him to
the Kenai River Center. They may be able to help him with his problems.
Commissioner Christian apologized for missing the last two meetings. He was
traveling.
14. ADJOURNMENT:
MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:10 P.M.
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning 8v Zoning Commission
April 8, 1998
Page 7
CITY OF KENAI ~~~~
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
u~~~aM
1III'~
1992
April 7, 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 April 22, 1998:
PZ98-17-An Application for an Encroachment Permit for side yard setbacks for
the property described as Lot 1, Beaver Creek Estates (925 Ames Street), Kenai,
Alaska. Application submitted by Bill Bryant, 925 Ames Street, Kenai, Alaska.
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 April 22nd. 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: April 7, 1998
Prepared By: JL/mk
Res: PZ98-17
GENERAL INFORMATION
Applicant: Bill Bryant
925 Ames Street
Kenai, AK 9961 1
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Encroachment Permit
Lot 1, Beaver Creek Estates
RR-Rural Residential
Residential
Low Density Residential
GENERAL INFORMATION:
This property is located in'the RR-Rural Residential zone. The setbacks for this
zone are: 25' front, 15' side, and 20' rear. KMC 14.20.185 Encroachment
Permits states, "Encroachment means any object
ground and constructed or located in a manner
Development Requirements Table." The intent of
"relaxation of the development requirements
encroachments which do not fall under Section
and which satisfy the requirements of financial
question is not anon-conforming use.
City Engineer:
Not available for comment.
or structure above or below
other than set forth in the
an Encroachment Permit is,
of this chapter to remedy
14.20.050, non-conforming uses
institutions." The residence in
Building Official:
Applicant is requesting an encroachment permit to eliminate a 2.2' encroachment.
The encroachment occurred during construction of this single-family dwelling. The
~ original plot plan shows the building located 16' from the side property line. I
' recommend approval.
PZ98-17 Comment
Encroachment Permit
CONCLUSION:
Page 2
The Commission needs to determine if the requested Encroachment Permit satisfies
the requirements of KMC 14.20.185.
ATTACHMENTS:
1. Resolution No. PZ98-17
2. Application
3. As-Built Survey
CITY OF KENAI
PLANNING AND ZONING COMMISSION
i ENCROACHMENT PERMIT
RESOLUTION NO. PZ98-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED
BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR:
NAME: Bill Bryant
LOCATED: 925 Ames Street, Kenai, Alaska
LEGAL: Lot 1, Beaver Creek Estates
BY: Bill Bryant
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has
been submitted and received on March 27, 1998
2. This land is on land zoned RR-Rural Residential
3. That the applicant has demonstrated with plans and other documents that he
can and does meet the following specific requirements as set forth in Sec.
14.20.185 (d):
(1) An encroachment as defined in KMC 14.20.185 (a) exists.
(2) The encroachment does not encroach upon a Federal, State or City right-
of-way or utility easement.
(31 The issuance of the encroachment permit will not authorize a use that is
not a principal permitted use in the zoning district in which the property
is located.
(41 The encroachment is not located across a platted lot line.
4. That a duly advertised public hearing as required by Section 14.20.280 was
conducted by the Commission on April 22 , 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
development meets the criteria for said permit and therefore the Commission does
authorize the permit to be issued.
PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this
~ 22nd day of April 1998.
AT ES :Planning Secretary CHAIRMAN
1791-1991
CITY OF KENAI
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283.3014
APPLICATION FOR ENCROACHMENT
RECEIVED
MAR 2 71998
CITY OF KENAI
'NAME .. ~~ 1 ~ •~~~ C~l~ ~-
'STREET°'ADDRESS S' ~,1~5 ~ ~-
MAILING ADDRESS ~-tc+.~~ ~ ;,` ~~~ (~,'~~~ .~5~.(~5
LEGAL :DESCRIPTION t/ ~~ ~- Q ~ (~ - 5~, - ~ q ~;~~,
ZONING: DISTRICT
(Circle. l) C CC CG ~ RR-1 RR-2 RS RS-1 RS-2
RU R IL H
PHONE ~ ~`~ -- ~~ ~ '~ ~~ ~~
Section 14.20.185 of the Kenai Municipal Code outlines regulations
for Encroachment Permits which is the relaxation of the Development
Requirements Table to remedy encroachments which do not fall under
Section 14.20.050, nonconforming uses and which satisfy the
requirements of financial institutions subject to the following
conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE
READ AND UNDERSTAND THESE CONDITIONS.
1. An encroachment means any object or structure above or
below ground and constructed or located in a manner other
than set forth in the Development Requirements Table.
2. Provide a site plan of the property including location of
all existing buildings, rights-of-way or easements,
setbacks, elevations, and any data pertinent to the
application.
3. ~ A Public Notification and Hearing is required before the
issuance of this permit. A $105.00 non-refundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached procedure sheet)
A D D I T I O N A L C O M M E N T S
Signature of Applicant: ~~ ~ ~/ 7 2 liti /
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I
AS-BUILT .SURVEY LeGEND
~ Fnd. Mon_
I hereby certify that l hove surveyed the following • Fnd. Reber
described property:
LOT O]li$ -BEAVER GREEF. ESTATES O .wall SCALE
-- Q Septic Vann 1" m 60~
----------------_.-._----------- - ( ) Record Dar a
and that no encroachments exist except es indicated.
EXCLUSION NOTE: It is responsibility of the owner to Date : 3/24/98
determine the existence of any easements, covsnants, Job No 96-1895 R®vi:od:
or restrictions which do not appear on the recorded
subdlvialon~,piot. Under no circumstances should ony WIIITF0121) SiTRVEYING
date hereon be used for construction or for estob- QO Box 4032
lishing boundary or fence lines. Soldotaa,, Ald~]Ca 99669
(907) 2.0--9092
r~ "\
memorandum
Date: 4/16/98
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: Ordinance 1779-98-Amending KMC 14.20.150
Ordinance 1779-98 was provided to you as an information item in your packet on
Apri18, 1998. At their meeting on April 15, Council postponed action on the
ordinance to allow time to receive comments from the Planning and Zoning
Commission. Council has requested that the Commission review the ordinance and
provide comments to them.
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 1779-98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE
KENAI ZONING CODE AT KMC 14.20.150 TO PREVENT THE SAME OR SUBSTANTIALLY
SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING CONSIDERED BY
THE PLANNING 8v ZONING COMMISSION MORE THAN ONCE IN ANY NINE MONTH
PERIOD.
WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a
conditional use permit may reapply for the same or a substantially similar permit
immediately after being turned down by the Planning 8v Zoning Commission or the
Board of Adjustment; and,
WHEREAS, allowing reapplication soon after being turned down for a conditional use
permit that is the same or substantially similar places an undue burden on the public
wishing to participate in the permit process; and,
WHEREAS, a nine (9) month moratorium on reapplication for the same or a
substantially similar permit will ease the undue burden on the public while allowing
reapplication within a reasonable time; and,
WHEREAS, an applicant may still reapply within the nine (9) month period if the
subsequent application is not substantially similar to the previously rejected
application; and,
WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month
moratorium on submittal of the same or substantially similar conditional use permits.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.150(c)(4) be added to read:
A proposed conditional use permit shall not be considered if a
substantially similar conditional use permit has been considered and
denied within the nine (9) months immediatelypreceding.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the day of April,
1998.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced: April 1, 1998
Adopted: April 15, 1998
Effective: May 15, 1998
~C\
memorandum
Date: 4/ 15/98
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: PZ98-18-AMENDING KMC 14.20.230 TO REQUIRE PERMITS FOR
HOME OCCUPATIONS -SECOND DRAFT
Attached is the revised Resolution PZ98-18 which was drafted with the assistance of
City Attorney Cary Graves. This draft incorporates the comments and concerns that
the Commission noted at the last meeting. It is the opinion of staff that the
suggested changes would alleviate concerns voiced at the last meeting.
DOES THE COMMISSION WANT TO SCHEDULE A PUBLIC HEARING
ON THIS PROPOSED AMENDMENT TO KMC 14.20.230?
~' ~
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
APRIL 15, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /wwov.Kenai.net/city
BOARD OF ADJUSTMENT HEARING -LEIGH/BUZZELL APPEAL
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
~Io~~joe-n.~aC f~ 1. Ordinance No. 1779-98 -Amending the Kenai Zoning Code at KMC
.~/~/q~ 14.20.150 to Prevent the Same or Substantially Similar Conditional Use
Permit Applications From Being Considered by the Planning & Zoning
Commission More Than Once in Any Nine-Month Period.
~~~~ ~ 2. Resolution No. 98-21 -Awarding the Bid fora 3,000 Gallon Aircraft
Rescue and Firefighting Vehicle to Emergency One, Inc. for a Total
Amount of $498,153.
~~~~ ~ 3. Resolution No. 98-22 -Supporting the $1,705,000 Proposed Funding in
~~Q SB 292 and HB 397 for a Public Health Center in Kenai.
~~~0~''``'~ 4.
~~~ Resolution No. 98-23 -Extending the Contract for Health and Life
Insurance Brokerage Services.
~~~~ ~ 5. Resolution No. 98-24 -Extending the Contract for Audit Services for
Three Years.
-1-
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Challenger Board
d. Kenai Visitors & Convention Bureau Board
e. Alaska Municipal League Report
E. MINUTES
1. *Regular Meeting of April 1, 1998.
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW BUSINESS
~P/'OyP~ 1. Bills to be Paid, Bills to be Ratified
~~ 2. Purchase Orders Exceeding $2,500
~~~~ 3. Approval -Landlord Consent/Lot 5, Block 5, General Aviation Apron -
Wedge Dia-Log, Inc. to Wedge Energy Group, L.L.C.
f'lP~ ~D~/~/9g 4. Discussion -Scheduling of Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Action/Denial of Conditional Use
Permit/Lot 8, Block H, Beaver Creek Alaska Subdivision -Tom & Vicki
Fruichantie, Appellants.
~ 5. Discussion -Scheduling of Board of Adjustment Hearing/Appeal of
~ '~~~/9`~ Planning & Zonin Commission Action Denial of Si Variance for
g / ~
Oversized Sign -Restaurants Northwest (Burger King), Appellant.
u r r- ~af~s
Is!'~ ~ ~~r~6. Discussion -Softball Tournaments -Tent Camping
~~a oslc~h~
EXECUTIVE SESSION -None Scheduled.
-2-
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J.
1. Citizens (five minutes)
2. Council
K. ADJOURNMENT
-3-
lC~ ~1
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
SOLDOTNA,ALASKA
April 13, 1998 7:30 P.M.
Tentative Agenda
John Hammehnan
Chaimum
Areawide
Tenn Expires 1999
Philip Bryson
vice chairman
Kenai City
Tam Expires 1998
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Tam Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2000
Wayne Carpenter
Pc Member
Seward city
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 1998
Wes Coleman
PC Member
Soldotna City
Term Expires 1999
Leroy Gannaway
PC Member
Homer city
Tenn Expires 1998
Ellis Hensley, Jr.
PC Member
Nikiski
Term Expires 1999
Brent Johnsor-
PC Member
Kasitof Area
Tam Expires 2000
Tom Knock
Pc Member
Cooper Landing
Term Expires 1998
A. CALL TO ORDER
B. ROLL-CALL
~~fl
~~K-8~
C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
Aq 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
someone from the public so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
ff 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 hegira, and she will inform the Chairman of your wish to
comment.
1. Time Extension Requests
a. Forest Hills Lookout No. 3
Location: Forest Lane east of Soldotna
KPB File 97-074 [Terry Eastham]
b. Bellamy S/D
Location: Ismailof Island
KPB File 97-052 [Eric Fuglestad]
2. Plats Granted Administrative Approval
3. Plats Granted Final Approval Under 20.04.070
4. Plat Amendment Requests
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Lone Creek (NW of Tyonek); Moquawkie Prospect
Lone Creek Well(s); Anadarko Petroleum Company;
AK9802-01 OG
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.,
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2) Sterling Unit (Existing Pad, 5.5 Miles NE of
Soldotna); Development Gas Well and Pad
Expansion; Marathon Oil Company; AK9803-OlOG
~~ ~ 3) Sterling Unit (Existing Pad, 5.5 Miles NE of
~ A Soldotna); Exploratory Gas Well; Marathon Oil
Company; AK9803-02OG
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations
6. KPBPC Resolutions
a. KPBPC Resolution 98-14; vacating twenty foot utility
easement within Tracts 4-A & 4-B, Peninsula Center S/D
Gardner Addition, Plat 84-18 KRD: within Section 32,
Township 5 North, Range 10 West, Seward Meridian,
Alaska and within the City of Soldotna; KPB File 98-047; as
approved March 23, 1998
b. KPBPC Resolution 98-08; Granting an exception to the
twenty foot building setback limit for a portion of Lot 17,
Block 4, Meridian Park Subdivision (Plat 85-2 SRD); within
Section 13, Township 1 North, Range 1 West, Seward
Meridian, Alaska, southerly of Bear Lake; north of Seward;
KPB-File 98-035; as approved March 9, 1998
7. Commissioner Excused Absences
a. Tom Knock
8. Minutes
a. March 23, 1998 Plat Committee Minutes
b. March 23, 1998 Planning Commission Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous
arrangements are made.)
Overview of Cook Inlet Areawide Oil and Gas Lease Sale; Jim
Hansen, Division of Oil &Gas, Department of Natural Resources
E. UNFII~TISHED BUSINESS -None
F. PUBLIC HEARINGS
Vacate portion of an unnamed public right-of--way, bounded by
Lots 34, 35, 14-B and 13, Hodgson S/D. Within Section 30,
Township 5 North, Range 10 West, Seward Meridian, Alaska.; in
Ridgeway, just north of Knight Drive; KPB File 98-057
2. An Ordinance Authorizing the Conveyance of Tract 1, Sand Hill
Subdivision, at Other Than Market Value to the Department of
Transportation and Public Facilities for a New Maintenance Site
Located on the Sterling Highway Across from Skyview High
School
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate portion of utility easement within Lots 9 & 10, Block 5, Hill
Park Estates Units 1 & 3. Within Section 2, Township 5 South,
Range 14 West, Seward Meridian, Alaska; Anchor River Road &
Knob Hill Road area; KPBPC Resolution 98-16; KPB File 98-058
H. SPECIAL CONSIDERATIONS
1. Goodman, Joseph D. & Margaret Goodman; Plat Waiver
Application; KPBPC Resolution 98-17 : Granting a platting waiver
for certain lands within Section 1, Township 2 South, Range 12
West, S.M., AK; within the Homer Recording District; Caribou
Hills area; KPB File 98-062
I. CONSIDERATION OF PLATS
Tulin Terrace S/D West Terrace Addn.
Partially in Homer City; Preliminary
Ability Surveys
KPB File 98-056
2. Chumley Tracts No. 2
Sterling Highway, east of Soldotna
Preliminary; Integrity Surveys
KPB FILE 98-045
3. Mooring By the River RohloffReplat
Soldotna City; Preliminary
Integrity Surveys
KPB File 98-060
4. Longmere Estates Zimco Replat; Longmere Lake
Preliminary; Integrity Surveys
KPB File 98-063
5. Kirschner S/D
North Kenai, north of Daniels Lake
Preliminary; McLane Consulting Group
KPB File 98-061
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
1. Prior Existing Use for a Sand, Gravel, or Material Site
Determination; near Ninilchik; Simonds; KPB Parcel No. 159-043-
31
2. Prior Existing Use for a Sand, Gravel, or Material Site
Determination; near Ninilchik; Covey; KPB Parcel No. 159-301-13
3. Prior Existing Use for a Sand, Gravel, or Material Site
Determination; near Ninilchik; Covey; KPB Parcel No. 159-042-56
4. Prior Existing Use for a Sand, Gravel, or Material Site
Determination; near Ninilchik; Covey; KPB Parcel No. 159-013-10
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 statl'.
3. Petition to vacate twenty foot utility easement within Tract 1-A,
Peninsula Center S/D Gardner Addition. Within Section 32,
Township 5 North, Range 10 West, Seward Meridian, Alaska and
within the City of Soldotna
Postponed to May 26,1998
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
Postponed to May 11,1998.
Q. ADJOURNMENT
PLAT COMMITTEE
THE PLAT COMMITTEE WILL NOT MEET APRII,13, 1998.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled meeting of the Plat Committee is April 27, 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 27, 1998 at
7:30 p.m. in the Assembly Chambers at the Borough Administration Building in
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
AML Legislative Bulletin #20-13 March 27, 1998
2. Seward Planning Commission March 4, 1998 Minutes
3. Cooper Landing Advisory Planning Commission April 8, 1998 Agenda
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fax: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
Anchor Point Advisory Planning. Commission Apri17
Cooper Landing Advisory Planning Commission Apri18
KPB Material Site Task Force Apri18
Funny River Advisory Planning Commission April 13
Kachemak Bay Advisory Planning Commission April 16
Anchor Point Advisory Planning Commission May 5
Moose Pass Advisory Planning Commission May 6
Kachemak Bay Advisory Planning Commission May 7
Funny River Advisory Planning Commission May 11
Cooper Landing Advisory Planning Commission May 13
Kachemak Bay Advisory Planning Commission May 21
A few tips for staying sane immediately after losing
your job follow:
• Stay active (sports, exercise programs, avoid planting yourself
in front of the television or on a bar stool).
• Stay positive (realize you aren't the only one who has gone
through this situation, focus on what your strengths are as
opposed to your weaknesses).
• Move on (don't second-guess yourself, bring closure to what
happened).
• Reach out (visit with friends, colleagues, counselors for
support and advice).
• Learn (take up a new hobby or sport, sign up for a
continuing education class).
• Share (teach a college course, volunteer your services).
Finally, when you get ready to hunt for a new job,
take these steps:
• Take a deep breath.
• Make lists of contacts, strengths and weak "
ideal job consists of, what you can afford
• Look forward, avoid dwelling on past wri
mouth the former employer.
• Network with colleagues, keep active in ,,.,.".
organizations.
• Periodically assess what is working and not working during
the job hunt.
• Build on strengths and work on minimizing weaknesses.
• Consult employment publications, such as Job Mart and Jobs
Available, and planning publications like The Western Planner.
• Shape up your resume.
These tips are part of a larger presentation offered at chapter
conferences. If you are interested in having the topic presented
during a conference or have need of the services of the Network,
contact Mike Harper, Task Force Chair (702-328-3604 or a-mail
to <mharper@MAIL.co.washoe.nv.us>) or Joanne Garnett (306-
367-4375 or a-mail to <jgarnett@wyoming.com>). ^
Planning
Commissioner's p ~ C
Corner
Giving Due Process "'
Larry M. Weil
What does it mean to give due process? How does the planning
commission ensure due process is given when reviewing subdivision and
zoning requests? Some helpful hints to these questions are provided to
commissions by Albert Solnit in his book The Job of the Planning
Commissioner.
No one should be deprived of his rights or properties which are
protected under the U.S. Constitution. When planning commission members
•riew applications, their decisions must be fair. There is a balance between
use of police power for the public welfare and proper respect for an
.ndividual's rights and private property. Certain procedures can be followed
which aid in the effort of giving due process.
1. Notice-The commission begins by giving proper notice. Not only
should the applicant be given the opportunity to be heard, but also any
interested persons in the community. Hearing notice requirements are
generally provided for under state statutes and local ordinances; however,
these notice requirements are usually the minimums, which typically
involve a small notice in the local paper. The notices are easily missed or not
even read at all. Better results can be achieved through mailings and posting
of signs in the neighborhoods. Issues which may have an effect on a larger
area of the community may need an even greater effort to notify the public
such as newspaper, radio or television. Having public opinion expressed is
helpful to making an informed decision.
2. Making Information Available -Information pertaining to
the application, including any support studies, letters and/or documents
which are against the proposal, and staff reports should all be made
available for public review prior to the hearing. This allows for the public
and applicant to review the information in advance and be prepared to
answer questions or concerns. In addition, the planning commission is in a
better position to weigh the pros and cons of a proposal.
3. Being Heard-Having the opportunity to be heard may be the
most important point of due process. Anyone who wishes to be heard on an
issue, whether for or against, should be afforded the opportunity to be
heard. Individuals need to leave the hearing feeling comfortable that they
were heard. It is also important that order is maintained and the issue is
moved along to conclusion. The hearing room should be adequate to
accommodate all interested individuals. In the event a larger facility is
needed, arrangements should be made and proper notification given to all
rested parties.
4. Disclosure-All information pertaining to an application should
be made available for public review, whether supportive of a proposal or
not. If any committee meetings were held or field trips taken it is important
to relate what was seen, heard or discussed. Solnit mentions several
guidelines to avoid the criticism of "secret dealings" which are as follows:
• Refuse to discuss issues which are before the planning
commission outside the meeting arena whether you are
contacted by citizens, applicants or even elected leaders. The
proper place to give testimony is at the hearing where it can be
heard in the open.
• Avoid going on ad hoc field trips alone or in pairs with the
applicant or citizen opposed to an issue. Field trips should be
announced at commission meetings with an invitation to all
interested parties to attend, including the press. If it is not
workable to include all commissioners and staff, then a
subcommittee of at least three members as designated by the
chairperson should go.
• All travel costs and food should be at public expense to avoid even
the appearance of payola by those wanting a favorable decision.
5. Opportunity for Questioning---Generally the applicant has
the advantage of providing information to justify the proposal being
considered. It is important to allow for questioning on the part of the
commission and other parties to bring out any pertinent information. All
questions should be directed through the chairperson who monitors the
appropriateness of the question to the issue, ever mindful that the purpose
of questioning is to bring out more information on the application relevant
to a commission decision. The commission is not acting as judge or jury, but
rather receiving information about how to regulate a development for the
particular community's best interests. The commission's decision is their
best judgment of the proposal after carefully weighing all the evidence and
their own community's plans and policies which are adopted to guide
development decisions.
6. Developing Findings of Fact-The commission should develop
and approve findings of fact which support the decision made. The findings
should relate to the evidence used for making the decision, including
proposal information, testimony, regulations and policies, and should be
specific rather than general. There should be a clear understanding of how
commission members came to their decision.
7. Avoiding Impropriety-The commission members should be
careful so that there is not even the appearance of impropriety given.
Conflicts of interest should be avoided, and gifts of cash, liquor, company
products, entertainment, etc. should be refused. Also, decisions on
applications should be made within a reasonable time frame. It is not right
to string applications along.
Finally, a planning commissioner is not owned by anyone. His/her
functionality lies in being independent, objective, and operating from
his/her own set of convictions. These traits should not be compromised.
Maintaining the best interests of the community as a whole, both
immediately and in the future, should be the objective of each
commissioner.
In summing up the role of planning commissions in providing due
process, I can think of no better words than those of the Supreme Court of
Washington in the case of Buell v. City of Bremerton: "...Members of
commissions with the role of conducting fair and impartial
fact-finding hearings must, as far as practicable, be open
minded, objective, impartial, free of entangling influences, and
capable of hearing the weak voices as well as the strong." ^
March, 1998 3 ~~'
zb
KENAI PENINSULA BOROUGH
144 N. BINKLEY • SOLDOTNA, ALASKA ~ 99669-7599
,~ BUSINESS (907) 262-4441 FAX (907)262.1892
~~.' `-'a. _.~
ADMINISTRATIVE APPROVAL
SUBDIVISION: BUFFALO RUN S/D PHASE 1
KPB FILE 97-084
MIKE NAVARRE
MAYOR
THE KENAI PENINSULA BOROUGH PLANNING COMMISSION HAS REVIEWED THE ABOVE SUBDIVISION
PLAT. ADMINISTRATIVE APPROVAL HAS BEEN GRANTED BY THE UNDERSIGNED ON MARCH 14, 1998.
THE TIME LIMIT FOR FILING THE PLAT WITH THE DISTRICT RECORDER WILL EXPIRE ONE YEAR FROM
APPROVAL DATE.
~~~_~~ ~~
R BBIE HARRIS
PLATTING OFFICER
NOTARY ACKNOWLEDGEMENT:
SUBSCRIBED AND SWORN BEFORE ME THIS~_ DAY OF '('C , 1998.
~..G~~
NOTARY PUBLIC FOR STATE OF LA
MY COMMISSION EXPIRES: ~- Q~
NOTARY PUBLIC
STATE OF ALASKA
MARIA E. SWEPPY
SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO BE
COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER.
THE PENINSULA CLARION
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
RECEIVED
APR ~ ~ i~9~
__ _ _ CITY OF KENAI
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A SECTION LINE EASEMENT AND
A ROAD AND UTILITY EASEMENT. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS:
A. LOCATION AND REQUEST:
1. ,VACATE A PORTION OF THE SIXTY-SIX FOOT SECTION LINE EASEMENT CENTERED ON LINE COMMON
TO SECTIONS 7 AND 18, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA. PORTION TO
BE VACATED, LIES BETWEEN COOK INLET AND THEE 1/16 CORNER OF SAID SECTIONS; BEING
APPROXIMATELY 312 FEET IN LENGTH. THE NORTHERLY 33 FEET, BEING WITHIN SECTION 7, IS WITHIN THE
CITY OF KENAI; THE SOUTHERLY 33 FEET, BEING WITHIN SECTION 18, IS WITHIN THE BOROUGH.
2. VACATE THE GENERALLY NORTH/SOUTH SIXTY FOOT WIDE PUBLIC RIGHT-OF-WAY AND UTILITY
EASEMENT WITHIN GOVERNMENT LOT 2, SECTION l8, TOWNSHIP 5 NORTH, RANGE 11, WEST, SEWARD
MERIDIAN, ALASKA. THE PUBLIC RIGHT-OF-WAY IS SOMETIMES REFERRED TO AS OLD CANNERY ROAD.
B. PURPOSE AS STATED IN PETITION: A NEW DEDICATED R/W WILL BE CONSTRUCTED TO PROVIDE ACCESS TO
THE BEACH. THIS WILL PROVIDE BETTER ACCESS AT ONE CENTRAL POINT WITH BETTER VISIBILITY WHEN
DRIVING ONTO AND OFF BEACH.
C. PETITIONER(Sl: MARY ELLEN PERRIZO -KENAI, ALASKA; SALAMATOF NATIVE ASSOCIATION -KENAI,
ALASKA; AND, THE KENAITZE INDIAN TRIBE, -KENAI, ALASKA.
PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, MAY
11, 1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE
BOROUGH ADMINISTRATION BUILDING, SOLDOTNA, ALASKA.
ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN
STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING
DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED
BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, APRIL 6, 1998. [WRITTEN COMMENTS MAY ALSO
sE SENT BY FAX TO 907--262-8618]
IF THE PLANNING COMMISSION APPROVES THE VACATION, THE ASSEMBLY OF KENAI PENINSULA BOROUGH HAS
THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL OF THOSE
PORTIONS OF THE VACATION WITHIN THE BOROUGH. IF THE PLANNING COMMISSION DENIES THE VACATION,
PETITIONERS HAVE EIGHT CALENDAR DAYS M WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE
BOROUGH CLERK.
FOR THE PORTION OF THE SECTION LINE EASEMENT VACATION LYING WITHIN THE CITY OF KENAI; IF THE PLANNING
COMMISSION APPROVES THE VACATE, THE COUNCIL OF THE CITY OF KENAI HAS THIRTY DAYS FROM THAT DECISION
IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE PLANNING DENIES THE VACATION,
PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE KENAI
CITY CLERK.
PUBLISH 2 X (WEDNESDAYS APRIL 29 AND MAY 6, 1998)
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KENAI PENINSULA BOROUGH
GIS Dlvlslon
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NORTH ~•
•,.~ ~" .~ ,~• y OC AIE: t" - X00' OAtE: 1/^_0/OB
CITY OF KENAI
~~ ~~ e~:~~ ~ ~~~.~„
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
~ane~luary
'I'I~1
1992
MEMORANDUM
TO: Marilyn Kebschull, Planning 8~ Zoning
FROM: Carol L. Freas City C erk
City of Kenai
DATE: April 16, 199
RE: BOARD OF ADJUSTMENT HEARINGS
Tom 8L Vickz Fruichantie
Restaurants Northwest (Burger King)
At their meeting last night, council set May 6 as the date for the above-referenced
~ appeals. Please furnish me with a copy of your file with the adjacent property owners'
list, staff reports, Resolutions, etc.
Thanks for your help.
clf
CITY OF KENAI
PLANNING AND ZONING COMMISSION
Y AGENDA
KENAI CITY COUNCIL CHAMBERS
Apri122,1998 - 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: Apri18, 1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
a. PZ98-17-Encroachment Permit for Side Yard Setbacks-Lot 1, Beaver Creek Estates (925 Ames
Street), Kenai, Alaska. Application submitted by Bill Bryant, 925 Ames Street, Kenai, Alaska.
7. NEW BUSINESS:
a. Ordinance 1779-98-Amending KMC 14.20.150 to prevent the same or substantially similar
conditional use permit applications from being considered by the Planning & Zoning Commission
more than once in any nine month period.
8. OLD BUSINESS:
a. PZ98-18-Amending KMC 14.20.230 to Require Permits for Home Occupations
9. CODE ENFORCEMENT ITEMS:
a. Lot 12, Block 3, VIP Ranch Estates
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Planning Commissioner's Corner - "Giving Due Process"
b. KPB Administrative Approval Buffalo Run S/D Phase 1
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
April 22, 1998 - 7:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
Chairman Glick called the meeting to order at 7:00 p.m.
1. ROLL CALL:
Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke,
Barb Nord, Michael Christian, Karen Mahurin (arrived at
7:02 p.m.)
Others Present: Administrative Assistant Marilyn Kebschull, Contract
Secretary Barb Roper
2. APPROVAL OF AGENDA:
GOECKE MOVED TO APPROVE THE AGENDA ADDING THE INFORMATION
PROVIDED BEFORE THE MEETING AND ASKED FOR UNANIMOUS
CONSENT. MOTION SECONDED BY CHRISTIAN.
Note: the information provided before the meeting was the KPB Notice of Public
Hearing -Petition to Vacate a Section Line Easement and a Road and Utility
Easement.
AGENDA WAS APPROVED WITH THE ADDITION.
Mahurin arrived at 7:02 p.m.
3. APPROVAL OF MINUTES: -April 8, 1998
CHRISTIAN MOVED TO APPROVE THE MINUTES OF APRIL 8, 1998 AND
ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN.
Nord requested the following paragraph be added after the last sentence of the
first paragraph on page 4.
"That would eliminate 16 feet and it would put it very close to the
variance given two weeks ago. The applicant is asking for 34 feet and 16
feet taken away from that would bring it down to 18 feet. Nord thought
a variance was given for 14 feet."
Planning & Zoning Commission
April 22, 1998
Page 1
Roper stated that Item b on page 2 should read PZ98-16 rather than PZ98-15.
This required correction in both the first and second paragraph on page 2.
MINUTES FOR APRIL 8, 1998 WERE APPROVED WITH THE ABOVE NOTED
CORRECTIONS.
4. PERSONS SCHEDULED TO BE HEARD: None
5. CONSIDERATION OF PLATS: -None
6. PUBLIC HEARINGS:
a. PZ98-17 -Encroachment Permit for Side Yard Setbacks -Lot 1,
Beaver Creek Estates (925 Ames Street, Kenai, Alaska. Application
submitted by Bill Bryant, 925 Ames Street, Kenai. Alaska.
MAHURIN MOVED TO APPROVE PZ98-17. MOTION WAS SECONDED
BY WERNER-QUADE.
Bill Bryant, 925 Ames Street, Kenai, Alaska, indicated that he is
asking for the permit and had attended the meeting to answer questions
should there be any.
Christian stated he was looking at the design attached to the application
and noted the house was sitting very close on one side. Christian asked
if the other side was 50 feet. Bryant confirmed that it was 50 feet.
Christian asked if there was any particular geographical reason why it
was not centered. Bryant replied, there is a well to the right of the
house and also the old homestead house is fairly close to the property
line. Bryant continued, the lot was purchased as 31/2 acres and it was
subdivided with his partner. Bryant pointed out his house was pushed
too far to the left as he and his partner wanted to give each other some
room as the lots are very narrow. Bryant also pointed out the
encroachment was his oversight, as he was the builder.
Christian asked if the house is complete. Bryant confirmed that is was,
adding, it was built 41/2 years ago.
Goecke asked if an as-built was done when the building was completed.
Bryant answered, when he financed it, for whatever reason, they just
requested a plot plan and it never got caught. Bryant stated when he
went to refinance an as-built was asked for and the surveyor caught the
encroachment.
Planning 8s Zoning Commission
April 22, 1998
Page 2
Glick asked what was on the other side of the property line. Bryant
replied, it's an empty lot at this time, Mick Miller is the owner.
Bryson asked if the front corner was off the property line. Bryant
answered, it's about 13 feet. Bryson confirmed that he was asking about
the other end. Bryant continued, the position of the house matches the
line of the bluff and there is probably 20 feet or more from the corner of
the house.
Goecke asked, when the house was built, if Bryant wasn't really sure
where the corners were in relationship to the property line. Bryant
stated he had corners but it was an oversight, he thought he got the
corner far enough and he thought the property line was further over
than it actually is.
Glick closed the public hearing after hearing no further questions.
Mahurin stated the house is already built so she isn't going to vote
against it and, on a humorous note since it leans to the left rather than
to the right, it makes it much more palatable to vote yes.
Bryson asked staff if the adjacent property owners were notified.
Kebschull replied they were and were not present at the meeting.
VOTE
Bryson Yes Werner-Quade Yes
Goecke Yes Nord Yes
Mahurin Yes Christian Yes
Glick Yes
Motion passed unanimously.
Planning 8v Zoning Commission
Apri122, 1998
Page 3
7. NEW BUSINESS:
a. Ordinance 1779-98 -Amending KMC 14.20.150 to prevent the
same or substantially similar conditional use permit applications
from being considered by the Planning and Zoning Commission
more than once in any nine-month period.
Kebschull reported this item was on the Council agenda but was not
discussed as Council wanted input from the Planning and Zoning
Commission. Kebschull also noted, this is a result of recent Conditional
Use Permits under review, however, the two for the Papa Joe Subdivision
would not fall under this case because they were not similar as they
were for different uses.
Glick asked who determines what is "substantially different". Kebschull
stated that she had the same question and it is assumed that each case
would be determined by the legal staff.
Goecke indicated the issue is a major sticking point for him at this time.
Goecke reported that he discussed this with the Councilman who was
instrumental in bringing the issue forward. The Councilman is also not
clear as to who makes the determination of what is substantially
different. Goecke continued, until a definition of what is substantially
different, he isn't sure that he would vote for the item as it sits. Goecke
thought perhaps the Planning and Zoning Commission should make the
determination and if it is, then it should become part of the ordinance.
If that cannot be done, then Goecke defmitely would not be in favor of
the nine-month waiting period because that period of time can really
cause problems due to the short building season. Goecke reiterated that
until such time as a determination is provided as to who is going to do
what, then Planning and Zoning should not approve or disapprove the
ordinance as it is written unless it can be approved with a footnote that
says that Planning and Zoning should, in fact, make the determination
as to whether it is substantially different.
Mahurin indicated she has the_ same question with the definition, it
should not be considered whether it is a significant change or a
substantial change, as those are different types of words. Mahurin
agreed with the concept as she thinks this is a reaction to what was just
dealt with. Mahurin continued, she was quite distressed to learn that
the ordinance allows for someone to change their permit from the time it
is denied and to when they appeal the decision to the Board of
Adjustors. Mahurin pointed out this bothered her as it doesn't seem like
a fair rule in that the players involved on either side don't know those
rules. She added, she didn't know those rules and she didn't think
that's right. Mahurin continued, either there are rules for conditional
Planning & Zoning Commission
April 22, 1998
Page 4
use permits or there is not and if it's going to be appealed it should be
appealed as the way it came to Planning and Zoning originally. Mahurin
agrees that this language, to a person who negotiates contracts, is open
to a lot of discussion and interpretation and she isn't comfortable with
that unless Mr. Graves has some sort of a legal definition for
substantially/ similar that the Commission doesn't know about.
Christian commented that if something were substantially different he
thinks a shorter time would be more appropriate, however, he also
would like to see a certain minimum time passed before any new
proposal is presented so that it can't come back one month later or even
one meeting later with a new proposal. Perhaps some type of period of
three to four months be established before anything new could be
proposed. Christian stated that if it is substantially different perhaps
three months would be enough but if it is similar then maybe a nine
month period should be established. Christian continued, he doesn't
like the term "substantially" as it is too difficult to define.
Bryson indicated that he is opposed to what is proposed as he feels that
if something is substantially different why does it have any constraints
unless the purpose is to just slow down construction during the better
part of a construction year. Bryson does not know of a situation where
this would have ever been applied in the time that he's been around. He
didn't feel it would be appropriate for the last conditional use because it
was essentially different. Bryson continued, he doesn't know of any
other time that it would have applied to in an unbiased interpretation of
what was being requested.
Nord agreed with Bryson and feels there shouldn't be any constraints on
substantially different permit applications. Nord indicated that she
hasn't been around long enough to know whether this would apply or
not but she trusts Bryson's input.
Werner-Quade stated it seemed to her this came out of the Chumley
affair but then she hears it wouldn't even be applicable if it were in place
at present to that situation so she feels the whole ordinance is
unnecessary.
Mahurin asked Goecke if he knew what the rationale was behind the
Councilman's recommendation for the new Ordinance. Goecke
answered, he really didn't know and didn't ask, however, he agrees that
this would not have entered into the past issue because there was
substantial differences between the two applications. Goecke felt if there
were substantial differences there should not be any waiting period due
to the high construction costs.
Planning 8v Zoning Commission
April 22, 1998
Page 5
Mahurin pointed out she was not disagreeing, she was just wondering
why the originator put nine months as the clarification could help if the
Commission knew why it was written the way it was. Kebschull
confirmed that the nine months came from the amendment procedures
in the Code for rezones. Kebschull read the Code, "the proposed
amendments to the zoning ordinance which is substantially the same as
the any other proposed amendments within the previous nine months
shall not be heard."
Christian stated that discussion is taking place on conditional use not
principal use. Usually in a conditional use it is not the typical use for
that property so maybe putting a little more of a obstacle in a person's
way would be beneficial. If this isn't a principal use, then why would the
Commission bend over backwards to help the person come up with a
use for his property other than for what the land is zoned. Although
nine months seemed like a long time, that restriction might limit the
nuisance proposals the Commission has to continually deal with and the
public would have to comment on.
Goecke stated in theory that sounded great but at the same time he
sincerely believes that putting too many restrictions on anything would
kill any development in the City. Goecke thinks the conditional use
permit process that is in place has and will continue to meet the criteria
and expectations. Goecke also believes that if anyone wants to kill
development in town then keep on adding restrictions. The neighbors to
the east will get considerably larger and the taxes in Kenai will go up
considerably higher than what they are now.
Glick asked for clarification that Council just wanted comments from
Planning and Zoning. Kebschull confirmed that was correct and will
assure the minutes will be included in the Council meeting packet.
8. OLD BUSINESS:
a. PZ98-18 -Amending KMC 14.20.230 to Require Permits for Home
Occupations.
The revised Ordinance, KMC 14.20.230 was reviewed. Bryson noted the
proposal meets the concerns expressed at the last meeting. Nord was
satisfied with the changes. Christian had no objections.
MAHURIN MOVED THAT A PUBLIC HEARING BE SCHEDULED ON
THE PROPOSED AMENDMENT, PZ98-18 TO AMEND KMC 14.20.230.
MOTION SECONDED BY GOECKE.
Planning 8v Zoning Commission
Apri122, 1998
Page 6
VOTE
Werner-Quade Yes Goecke Yes
Nord Yes Mahurin Yes
Christian Yes Bryson Yes
Glick Yes
Motion passed unanimously.
9. CODE ENFORCEMENT ITEMS:
a. Lot 12, Block 3, VIP Ranch Estates
Kebschull reported that Administration hasn't heard anything back on
the issue. If nothing comes back within 30 to 60 days then the legal
staff would be contacted regarding a course of action. Kebschull noted
for the record that a lot of calls are received in the spring.
Glick requested that discussion take place on the handout prior to the meeting
regarding the KPB Public Hearing.
A five-minute at ease was called at 7:29 p.m. Meeting was called back to order at 7:34
p.m.
Glick asked if staff had any comments on the subject. Kebschull replied the City
Administration is familiar with the concerns of the residents. The information was
received late and it was asked that it be brought to Planning and Zoning so their
comments could be provided to Bryson who would take them to the Borough Planning
Commission. After the Borough's Planning meeting the issue will come back to City
Council for final review.
Kebschull reported that one concern from Administration is that the petitioner states
they will construct access in place of the right-of--way easement to be vacated. The
City would like to request that they be required to construct access. The second
concern is that there not be a charge to the public to use that access. The access
should be constructed for public use. Kebschull also reported the City Engineer
believes the proposed access would be a better access than what is currently in place.
Goecke felt the same way that the petitioner be required to construct access to
eliminate people crossing private property to get to the beach.
Bryson reported several years ago the same easement vacation was petitioned and it
was approved by the City and Borough but was turned down by the State. Bryson
thought the family who petitioned was Duthweiler and their concern (this was north
in the City of Kenai side) was a lot of partying was taking place, it was used for access,
Planning 8s Zoning Commission
April 22, 1998
Page 7
it wasn't maintained or cleaned, etc. Bryson pointed out the sketch didn't show how
far it goes as to whether it goes down to the public portion of the beach and this will
undoubtedly be a question the Borough will ask.
Bryson addressed one of Goecke's concerns stating the Borough requires equal or
better access to be provided. The existing easement is probably a sand road. The
concerns, however, will be relayed.
Mahurin thought perhaps she wasn't understanding the issue and asked if the person
on the easement was not the person petitioning that the easement be moved. Mahurin
stated by moving it there is a concern of assuring public access as far down. Mahurin
also wondered about the adjacent property owners because if property is bought that
doesn't have an easement and suddenly it has public access that increases what
happens to nearby properties. Mahurin indicated that she doesn't quite understand
why the issue is before the Commission, what is the reason or rationale is, who it
helps and who it doesn't help.
It was noted that there are three petitioners, Mary Ellen Perrino, Salamantof Native
Association and the Kenaitze Indian Tribe. Perrino is a property owner and Kebschull
thought that part of it affects where people cross her property. Bryson indicated the
Borough would research the property owners in the easement area. It is possible the
people have been notified and will show up for the hearing.
Glick thought if they were proposing a new right-of--way, it would have to be on their
property and they couldn't propose it on somebody else's. Bryson noted the relocated
right-of--way is probably on one of the petitioners' properties because the other
request for vacation is adjacent and provides alternate access to the same location
that is being vacated to the south.
Mahurin stated since someone is petitioning that the right-of--way be moved, which
obviously then would be a benefit to them but she has a concern. Even though it's a
right-of--way and has to be public, Mahurin would like to know more about the issue;
she would like to have someone come in and explain why they want to do it and why
it should be done and she doesn't know why the Planning and Zoning Commission is
dealing with it.
Glick responded by stating the Commission is dealing with it in order to give input to
Bryson so that he can take it to the hearings. Glick pointed out that people have
been complaining for years about the right-of--way crossing their private property,
access is made through their property and not on the right-of--way. Mahurin stated
those people are not the ones that made the petition.
Bryson stated the adjacent property owners, Lots 1 and 2, Waterfront Estates, has no
request to vacate the right-of--way, there are some lines left out of the sketch. There is
a dedicated right-of--way on Cannery Road and Royal Street, these are not easements.
There is an underlying section line easement along that Cannery Road (Bryson
Planning & Zoning Commission
Apri122, 1998
Page 8
doesn't think that is the name of the road). Vacation of the easement will not deny
access to either one of the lots because there is already a dedicated right-of--way.
Bryson thought the question probably is access to the beach not the utilization of the
road.
Goecke stated the road used to be the old Cannery Road and it was gravel and the
petitioners want to eliminate that road and bring a new easement or right-of--way from
the new, paved Cannery Road back over to the beach. Glick thought that was correct.
Bryson asked Kebschull if the comments could be summarized.
10. REPORTS:
b. City Council - No report due to the budget work sessions.
b. Borough Planning - No report as Bryson did not attend the meeting.
c. Administration:
Kebschull reported the draft Development Requirements Table should be
available for review at the next meeting.
The Historic District Board will kick off their walking tour on May 9,
1998 at 1:00 p.m. at the Visitors Center. A tour of the buildings in Old
Town will be conducted. Commissioners were invited to attend. It was
noted the following week was Preservation Week.
The Fruichantie and Burger King appeals will go to Council at their May
6 meeting.
Kebschull reported that she attended the Planning Commission training
and a lot of information was provided. Kebschull will provide copies to
the Commission.
11. PERSONS PRESENT NOT SCHEDULED:
Verbatim Begins:
Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska- I did a little calling
today on a time limit on permit-type situations and I just wanted to share what
I found; it's not ah... real consistent, you know, with different places. Some of
it was similar to ah... what you now have, you know, what you now have or
what you're proposing and some of it was quite different. Some places I
couldn't get a hold of that I wanted to but when I called Palmer, I had a hard
time getting across the idea that we were discussing a time limit fora re-
application. When she finally understood what I was asking for she said, "why
Planning & Zoning Commission
April 22, 1998
Page 9
would you have a re-application for a same, and I'm not talking about a
different, different process right now, but for a same permit, they don't have
that, um... they feel that if their ah... Commission and Council have followed
and they have... they have very well structured guidelines and you may not
have guidelines that are as clear to follow but she says that they follow well
structured guidelines ah... it's well supported to go through the legal realm and
they just don't have re-applications. Um... they also don't do limited use
permits in the City of Palmer. The Borough handles it for Borough properties,
the City has very rigid ah... zoning areas, very well defined, and they simply
don't have limited use permits in areas that are not specifically zoned for that,
um....that's the information I found out ah... from Palmer.
Ah... when I talked to the Mat-Su Borough she said that they didn't really have
limited use permits either but they did consider variances. Ah... and then on a
rezone they would have anine-month waiting period ah... they would accept
anything earlier if they considered it substantially different, so substantially
similar or substantially different are viewed as distinctly different issues with
them. Ah... on the other hand, they said that if somebody came with an
application that had a site plan that basically didn't change and was simply
called something different they would treat it according to... if ah... if things
were the same that they were calling it something different they would consider
it the same, ah... if the parking lot was the same, the storage, the building
used, and so one was the same but it was called a different name, they would
consider it the same and not hear it, ah... that was Mat-Su Borough. Um... and
again they thought the findings would be well supported and that a re-
application for a same permit wasn't really, this doesn't really happen with
them.
When I talked to Fairbanks um... they have a six month period and it can't be
brought unless it's substantially different. Any application that they consider
substantially different could be brought before them again. And... in... in their
case they said it's a very subjective decision as to whether it is considered
substantially different or not. Ah... I think it goes to their legal department but
I didn't write that part down so I can't say for sure; and they look at the
application and they simply decide it's substantially different, it can be heard,
or it's not then it can't.
Ah... those were just ah.... some of the things I found just calling around trying
to get a feel for how similar we are or what your proposing to do is to what
other areas are doing, um... basically if it's very similar to what other areas are
we probably oughta do it and if it's not then we need to give it some um... extra
thought.
And... um... along that same line, um... Colleen had put together some figures
for me that we gathered over the last couple of days from the neighborhoods.
Just to let you know, if you did consider a proposal from the Chumley's
Planning 8v Zoning Commission
Apri122, 1998
Page 10
substantially similar and I know there will probably be disagreement as to
whether these two were or not, but if they were considered substantially similar
from the last proposal forward, not going back to January, we estimate that
were spent between 3 and 4 hundred hours, ah... of our neighborhood
residents, commenting or responding to the Chumley's most recent application.
This includes doing some legal research at the library on the Internet,
canvassing the neighborhood, researching comprehensive plans, municipal
codes, commissioner's handbooks, counting traffic, making phone calls,
collecting signatures, neighborhood organizational meetings, studying meeting
records, and writing and re-writing materials to re... be presented both you and
Council and that the collaborative efforts have been intensively involved a core
of 15 to 20 people with many other participating as a supportive but less
involved capacity. I realize you're not making a decision per se on that tonight
but I did want to ah... share that with you and then I had um... one question
regarding the home office occupations, you voted to have a public hearing on
that, is that automatically at your next meeting, is that, or does it get
scheduled and... and posted? Just wondering when that's coming up.
Glick: Marilyn?
Kebschull: Um... it will be at our next meeting because we have enough time to
advertise it and that's how we determine when it's scheduled.
Sonberg: Okay, and... I like the changes I've seen on the Web Pages, I've been
enjoying going to the City Web Pages and I look up what's, what's coming up
and...I've seen some changes lately so somebody's been working hard in that
area, but anyway... just wanted to share some of those things with you.
Glick: Sure, we appreciate that and we appreciate the efforts you put into this.
Thank you.
Verbatim ends.
12. INFORMATION ITEMS:
a. Planning Commissioner's Corner - "Giving Due Process"
b. KPB Administrative Approval Buffalo Run S/D Phase 1
13. COMMISSION COMMENTS AND QUESTIONS:
Commissioner Nord reported the Planning Commission training was about six
to eight hours. The session was similar to the one Nord attended
approximately a year ago. Some great handouts were provided but the Regen's
report, which Nord thought to be the best, was incomplete so a complete copy
Planning 8v Zoning Commission
April 22, 1998
Page 11
was requested. Findings of Fact was discussed in great detail and Nord
noted that most Planning Commissions do Findings of Fact, especially
on controversial issues.
Kebschull agreed the training was good and a lot of good information was
shared and it was nice to have those people who have been doing this for years
share their knowledge. Variance processes were discussed and the type of
criteria to be used. It was noted the same criteria should be used for all
applications and not viewed individually. Kebschull noted this was a good
opportunity to touch on things that are often missed.
Nord thought the idea of Commissioner's changing places all the time was
interesting, which could have been more for voting than anything else.
Commissioner Christian noticed that Ms. Sonberg was mentioning the terms
"substantially different" and "substantially similar" and he wondered if that
doesn't mean that this is a term that lawyers use frequently and that's why is
showed up in the ordinance. It would be interesting to see if they have
questions in their area when they've used the terms, has it been challenged
recently or not, that would be a good thing to look into. If they already have
the term in their ordinance, they would know if it's a problem or not.
Commissioner Werner-Quade reported that she attended the City Council
meeting, the last one where they heard the appeal before the meeting on the
conditional use permit for Chumley. Werner-Quade's comment was that there
was a very united group from the MAPS area in the audience and they had a
presentation that was pretty well put together. For a group of citizens having
to come together again they did a pretty thorough job. It's nice to see a person
from the group at this meeting to share some more information.
Commissioner Mahurin stated having been out with her Dad when he was so
ill, she asked about the status of the assisted living center that came before the
Commission. Kebschull replied, the lease was just reviewed so it is assumed
the plans continue.
Mahurin was pleased to hear that the Historic District Board has the walking
tour complete as it's been in the mill for a long time. She would like make the
tour on May 9.
Mahurin commented on changing seats, she assumes that people sitting next
to you would influence you and obviously they haven't sat in on this group, the
most independent voters.
Mahurin also commented on when getting into terms like "substantially
similar" and "substantially different," that means you hire attorneys to
translate it for us.
Planning 8s Zoning Commission
April 22, 1998
Page 12
Mahurin also asked about the heating system as it was very warm in
Chambers. Kebschull reported the system is being worked on.
14. ADJOURNMENT:
MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:00 P.M.
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning 8v Zoning Commission
April 22, 1998
Page 13
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 98-18
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 14.20.230 BE
AMENDED TO REQUIRE PERMITS FOR HOME OCCUPATIONS.
WHEREAS, KMC 14.20.230 currently does not require a permit for operating a business out of a
home;
WHEREAS, the Commission believes it is in the best interest of the City of Kenai to require
permits for businesses being operated out of private homes; and
WHEREAS, the Commission believes certain low-impact home activities should not require a
home occupation permit;
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL THAT THE FOLLOWING
ADDITION BE MADE TO KMC 14.20.230:
(e) Permit Application.
(1) An application for a home occupation permit shall be filed in writing
with the Citv Plannine and Zonine Department and signed by the person requesting
to operate the home occupation.
(2) If the Plannine and Zoning Department finds the application meets the
criteria of KMC 14.20.230 it shall be placed on the consent agenda of the Planning
and Zoning Commission. Applications listed on the consent agenda are considered
routine and will be approved by one motion. There will be no separate discussion
of the application unless a member of the Commission 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.
(3) A finding by the Planning and Zoning Department that an application
does not meet the criteria of KMC 14.20.150 and denial of placement on the
consent agenda may be appealed to the Planning and Zoning Commission by filing
a written appeal with the Kenai Citv Clerk within thirty~30) days of the date of
denial.
(4) Notice of the consideration by the Commission of a home occupation
permit application shall be published once at least two days prior to the meeting in
a paper of general circulation in the city of Kenai.
(f) Permits non-transferable.
A home occupation permit granted under this section shall not be
transferable to another person or location.
(g~) Exemption.
No home occupation permit shall be required for activities or business which
RESOLUTION NO. PZ 98-18 Page 2
are carried on solely by use of phones, computers and mail or delivery services and
which involve no outside sign, little or no increase in traffic and with only
occasional visits by members of the public to the home.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of May 1998.
Chauman
A ST:
~,
Pl g Secretary
l
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
a-a~rcnr
IIII'1
1992
April 21, 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 May 13, 1998:
PZ98-19-An application for a Conditional Use Permit for Weekly Home Rental for
the property known as 1500 Chinook Court (Tract E, Oberts Subdivision), Kenai,
Alaska. Application submitted by Michael W. Wykis and Jeanette C. Wykis, 1500
Chinook Court, Kenai, Alaska.
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 May 13th. 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: April 10, 1998
Prepared By: JL/mk
Res: PZ98-19
GENERAL INFORMATION
Applicant: Michael W. Wykis & Jeanette C. Wykis
1500 Chinook
Kenai, AK 9961 1
Requested Action: Conditional Use Permit -Weekly Home Rental
Legal Description: Tract E, Oberts Subdivision
Existing Zoning: RR-Rural Residential
Current Land Use: Residential
Land Use Plan: Low Density Residential
ANALYSIS
GENERAL INFORMATION:
The applicants have applied for a Conditional Use Permit for weekly rental of their
residence during the summer months. Technically, this satisfies the definition of
"Cabin Rentals" in the Land Use Table. The Land Use Table requires a Conditional
Use Permit for this activity. Applicants have completed the necessary application
and paid the fees for this application.
City Engineer:
No additional comments.
Building Official:
Not available for comment.
RECOMMENDATIONS
Commission should determine if this request satisfies the requirements of KMC
14.20.150 -Conditional Uses.
ATTACHMENTS:
1. Resolution No. PZ98-19
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-19
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:
Michael W. Wykis & Jeanette C. Wykis
USE Weekly Home Rental
LOCATED 1500 Chinook (Tract E, Oberts Subdivision, Kenai
WHEREAS, the Commission finds:
1) That an application meeting the requirements of Section 14.20.150 has
been submitted and received on: April 10, 1998
21 This request is on land zoned: RR-Rural Residential
3- That the applicant has demonstrated with plans and other documents
that they can and will meet the following specific ..requirements and
conditions in addition to existing requirements:
a.
b.
41 That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on: May 13, 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 WEEKLY HOME RENTAL 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,
A KA, MAY 13 , 1998. ~
CHAIRPERSON A T ST: Planning Secretary
_~~_~,~,
RECEIVED
AFR I 0 ~
CITY OF KENAI CITY OF KENAI
CONDITIONAL USE PERMI PLANNING DEPARTMENT
NAME /~(r GGI, ~ G(/. (,(~ ~!S ~ C•
PHONE Z~ _ 7 U~f
MAILING
ADDRESS
~ ADD
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ADDRESS
LEGAL
DESCRIPTION 7"~ ~ ~ /~
v~~~~ ~~QDI UIJ/ V
ZONING
DISTRICT C RR 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
conditional use permit is required for the proposed
development as described:
G(I~~LI u 2eL - c~ rvi ry, r!~ d nJly
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.
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).
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 : 7-~t ~ w ~~/ (~j~, (,~I ei~/~ r'eN, ~D ~~/ /~, l~yi~9-l
C~~ ~~a, ey~-~-L+~e~ ~n.r~ , c ~ r,c~, i ~ be requ,i~e.aQ.
Ap licant Si natur ~ -
P Date: ~- ~U cf~
Approved at P&Z Meeting:
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roved: Chairperson
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STAFF REPORT
To: Planning & Zoning Commission
Date: April 21, 1998
Prepared By: MK
GENERAL INFORMATION
Applicant: Joe Tromblee
510 Mission Avenue
Kenai, Alaska 99611
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Review Building Permit Application
Lot 38A, Dolchok Subdivision
TSH-Townsite Historic
Residential
Medium Density Residential
GENERAL INFORMATION:
KMC 14.20.105 (81 requires the Historic District Board to review all building permit
applications within the TSH zone and provide their recommendation to the Planning &
Zoning Commission.
The Historic District Board reviewed the application submitted by Mr. Tromblee at their
meeting on April 20, 1998. Mr. Tromblee explained that their plan is to dismantle the
garage from the inside to see if any of it is salvageable. If not, they plan to demolish it
and rebuild. The Board requested that the Tromblees salvage the wall that is dovetailed
construction. Mr. Tromblee advised he would salvage that wall even if it were only a
facade for an actual bearing wall. The Historic District Board approved the Tromblee
application.
The Tromblee application is incorrect in stating that a building permit will not be
required. They have been advised that structural changes require a building permit and
have been in contact with the Building Official.
RECOMMENDATIONS
The Planning and Zoning Commission should accept the Historic District Board's
recommendation that the building permit be issued.
ATTACHMENTS:
1. Application
APPLICATION FOR REVIEW OF DEVELOPMENT
TOWNSITE HISTORICAL (TSH) ZONING DISTRIC'
1. Applicant:
2
3
Joe Tromblee
Date: 4-14-98
RECEIVED
AFR I ~ 1998
CITY OF KENA-j V
NING ~'F~a.RT`~!FNT
Address: 51J Mission Aire.
Kenai Alaska 99b11
Describe proposed activity:
Restore existing garage
4. Will a building permit be required for the proposed activity?
5. Legal description of property:. Lot 38A ~olchok Sub.
6. Signature of legal owner of
7. Signature of applicant:
8. The Planning and Zoni~p~ommission will review the application for development in
the TSH zoning district upon the applicant's demonstration that all of the following
criteria are satisfied.
(1) Application signed by applicant, and if leasing the premises, co-signed by the
owner indicating type and nature of business.
(2) Current color photographs of the site and of any existing structures representing
both the overall condition of the structure and accurately portraying the materials
and color.
(3) Site plan complying with the development criteria of this chapter and drawn to
scale showing the existing structure and all proposed alteraiions and additions in
relation to the site.
Approved/Denied `~' _ ZU ' l ~ ~
Date: 1~0 U ~ v
a' an
Hi oric 's rict Board
Attest
`1 I~
STAFF REPORT
To: Planning & Zoning Commission
Date: April 21, 1998
Prepared By: MK
GENERAL INFORMATION
Applicant: Don Petroze dba Todaly Unlimited
517 Overland Drive
Kenai, Alaska 99611
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Review Building Permit Application
Lot 4, Block 5, Original Townsite
TSH-Townsite Historic
Residential
Medium Density Residential
GENERAL INFORMATION:
KMC 14.20.105 (8) requires the Historic District Board to review all building permit applications
within the TSH zone and provide their recommendation to the Planning & Zoning Commission.
The Historic District Board reviewed the application submitted by Mr. Petroze at their meeting on
April 20, 1998. Mr. Petroze advised that he was using this building as an office for his business.
The plan was to raise the house, re-support the floor joist, apply new siding, install a fence and
possibly build a garage.
Mr. Kluge of the Historic District Board suggested that Mr. Petroze consider adding reconstructing
the roof to his application. Kluge explained how trusses could be placed which would alleviate the
problems of the flat roof. Mr. Petroze asked that the application be amended to include the roof.
During discussion, Mr. Petroze noted that the house was approximately two feet from the property
line on one side. He stated he had received the owner of that lots permission to be on that property
during the excavation to raise the house. Staff advised Mr. Petroze that he might need to apply for
an encroachment permit dependent on the type of renovation he pursued. It appeared that renovating
the original structure would not require the permit; however, building a garage may require the
permit. The Historic District Board voted to recommend to the Planning and Zoning Commission
that if an Encroachment Permit is required, that it be issued.
The Board questioned if office was a permitted use for that structure in the TSH zone. Based on the
Land Use Table "Professional Offices" is a permitted use. It was decided that the current use was
permitted and a Conditional Use Permit would not be required.
After discussing Mr. Petroze' plans, the Historic District Board approved the application.
BUILDING OFFICIAL:
An encroachment permit will not be required for the garage, an accessory structure not attached to
the existing structure. A plot plan would be required to assure that setback requirements are
satisfied for the accessory structure.
RECOMMENDATIONS
The Planning and Zoning Commission should accept the Historic District Board's recommendation
that the building permit be issued.
ATTACHMENTS:
1. Application
APPLICATION FOR REVIEW OF DEVELOP`iENT t~
TOWNSITE HISTORICAL (TSH) ZONING DISTRICT ' T~C
Date: ~~ ~ '9A ~i~
'~~ FO
0
1. Applicant: ~ , ~ ~'` ~~'
CFA Fti
2. Addre~:: 517 liver 1 a n ci D R . '~9'~~
F~
Kenai , ;~K
3. Describe proposed activity: Raise the mouse, resupport floor joist,
ne~~v siding, fencing, garage
4. Will a building permit be required for the proposed activity?
yes
5.
6.
Legal description of property: see attar"ed
Signature of legal owner of property:
7. Signature of applicant:
8. The Planning and Zoning Commission will review the application for development in
the TSH zoning district upon the applicant's demonstration that all of the following
criteria are satisfied.
(1) Application signed by applicant, and if leasing the premises, co-signed by the
owner indicating type and nature of business.
(Z) Current color photographs of the site and of any existing structures representing
both the overall condition of the structure and accurately portraying the materials
and color.
(3) Site plan complying with the development criteria of this chapter and drawn to
scale showing the existing structure and all proposed alterations and additions in
relation to the site.
C. O Inn m ~R.-`S~-~
Approved/Denied U lA-S ~•~
Date: ~-4- " 2~ ' ~ D e : ~' ~_ ~,
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airman, Planning & Zoning
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Historic trict Board
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STAFF REPORT
To: Planning & Zoning Commission Prepared By: JL/mk
Date: May 6, 1998
GENERAL INFORMATION
Applicant: Cliff Baker
605 Swires Dr.
Kenai, AK 9961 1
David King
8207 Kenai Spur Highway
Kenai, AK 9961 1
Requested Action: Vacation Right-of-Way & Utility Easements
Legal Description: Government Lots 24, 44, & 45
Existing Zoning: RS-Suburban Residential & CG-General Commercial
GENERAL INFORMATION:
Applicants are petitioning to vacate easements for public right-of-way and utility
purposes within the southerly 33 feet of Government Lot 24, and within the
northerly 33 feet of Government Lots 44 and 45.
City Engineer:
These existing right-of-way easements are currently undeveloped. It is unlikely
they would be needed for either access or utilities in the present alignment. The
property would best serve the city by being available for development by adjacent
property owners.
CONCLUSION:
Any concerns or comments regarding the proposed vacation will be provided to
City Council and Kenai Peninsula Borough Planning Commission.
ATTACHMENTS:
1. Letter from KPB dated 4/28/98
2. Notice of Public Hearing
3. Maps
4. Petition
KENAI PENINSULA BOROUGH
144 N..BINKLEY SOLDOTNA, ALASKA ' 99669-7599
,- BUSINESS (907) 262-4441 FAX (907)262-1892
~. _.~.
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April 28, 1998 '~~
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City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
MIKE NAVARRE
MAYOR
Re: Petition to vacate right-of--way and utility easements within Government Lots 24, 44 and
45, Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska and within
the City of Kenai
KPB File 98-090
The borough's commission will be holding a public hearing on this petition on Tuesday, May 26,
1998.
Enclosed for your information is a copy of the public notice and maps used in our mail-outs.
Also enclosed is a copy of the petition.
These easements were granted by the BLM patents.
If you have any questions, call me.
Thank you,
R bie Harris
Platting Officer
98-090. VACNOTICE.KENAI. WPD
THE PENINSULA CLARION
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE RIGHT-OF-WAY AND
UTILITY EASEMENT WITHIN THE CITY OF KENAI. AREA UNDER CONSIDERATION IS DESCRIBED AS
FOLLOWS:
A. LOCATION AND REQUEST; VACATE THE 33 FOOT WIDE EASEMENTS FOR PUBLIC RIGHT-OF-WAY
AND UTILITY PURPOSES WITHIN THE SOUTHERLY 33 FEET OF GOVERNMENT LOT 24, AND WITHIN
THE NORTHERLY 33 FEET OF GOVERNMENT LOTS 44 AND 45; ALL WITHIN SECTION 34, TOWN-
SHIP 6 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA; KENAI RECORDING DISTRICT
AND WITHIN THE CITY OF KENAI. THE EASEMENTS WERE GRANTED BY BLM PATENTS.
B. PURPOSE AS STATED IN PETITION: THE CONSIDERATION OF A ROW IN THIS LOCATION WOULD
BE UNDESIRABLE. THE VACATION WOULD ALLOW BETTER DEVELOPMENT OF PROPERTIES
ADJACENT TO A $ LANE HIGHWAY.
C. PETITIONER(S): CLIFF BAKER OF KENAI, ALASKA; AND, DAVID KING OF KENAI, ALASKA.
PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON
TUESDAY, MAY 26, 1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS.
MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILDING, SOLDOTNA, ALASKA.
ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT
A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA
BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN
TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN THURSDAY, MAY
21,1998. [WRITTEN COMMENTS MAY ALSO BE SENT BY FAX TO 907--262-8618]
IF THE PLANNING COMMISSION APPROVES THE' VACATION, THE KENAI CITY COUNCIL HAS THIRTY DAYS
FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE
PLANNING COMMISSION DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH
THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE KENAI CITY CLERK.
FOR ADDITIONAL INFORMATION CONTACT BOBBIE HARRIS OR MAX BEST, RESOURCE PLANNING
DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH).
BOBBIE HARRIS
PLATTING OFFICER
PUBLISH 2X (THURSDAY MAY 14 AND MAY 21, 1998)
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SENT BY: 't"~ P ~-9B 11:44; 9072628618 ~> 907 F' _
....^i,'1; ~ LIVINSULA FiUROUGH PLANNING I~EI'ARTP~t~,~,yf~a
}'T;7'1'l'lUN '1'U VAC'ATE Prr~"~ D .,,,
Rt PE>•~ gr :,
P1113LIC RIGHT-OF-WAYISECTIUN LINE EAS);MI~fNIyiNDD~f' '
PUBLIC' I~LARIN.Ci R~ULRIrD ~'°..^t t:".'=-
LJpun receipt of c[rmplete apphLatlQrt with Pecs and all required attachments; a public hearing befurc the Planning
Cummissian will he Scheduled.
(}CJ Pecs - $300 nun-refundable tee to help defray costs of advertising public hearink. Any required plat tces..will bcin
addition to vacation tees.
[ J i'ublic right-oi:way proprsed to be vacated is dedicated by plat of
„ Subdivision, tiled as Plal No. __ •in Rccurding
f)istrict. '"
(J Vacation ul' associated utility casements. Are casements in use by any utility company; if so whicli?
[X] basement 1'ur public road orright-uf--way as set out in (specify type of dacumcnt) __ PaTt-u-r,5 t-o,2 b"+~ w%~;rs
recorded in Rook __.. _ page of the __ __ ltccording District. (C:opy of recorded document
must be submitted with petition) Zy y y ; y,r
J J Section Line Basernent
[ j Submit three cvpics of plat or map showing area proposed to be vacated. if right-uf-way or easanent was granted
by document; one copy of recorded document must be submitted.
ifax right-of--way been fully ur partially crntsltucted? ( J Ycs [X~ No
Is right-of--way used by vehicles/pedestrianshriher'1 [ ] 1'es [iCJ No
Has section line casement been constructed? (J Yes [ ] No
.s section line cascmciit being uscd'T ~ (Yes [ ] No
'1'hc petitioner mast provide reasonable Justification for the vacation.
lZeason for vacating Trh= LoN s n2uc.T7n~ of ,Q ,Lo,,,> 1 ~± t7-1-~ 5 _, Lo~,o-no,,i •,
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The lxaition must be signed (written signature) by rnvncrs of majority of the front feet of land i'ronting part of right-of-way
or section line easerncnl proposed to he vacttted. Iiach must include mailing address and legal description of hisltrcr pnrpe,ty,
Submitted by: Signature ~_ ~ i F F ~j, ,c~,G-
Namc ~...(^:rt's,2~r~ _ u~v -rS
Address _„(o. o ~ Syv, ~ ~Q,2.
Phone _ X07 19.x, rio~/7
Petitioners:
tiignaturc
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Signature _ . _ Signature _._ ,~
Name Name
Address _.. _ , Athlress __..,,.. _....
C)wncr ul' __ __ . Uwner of
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memorandum
Date: 5/6/98
~;
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant `~"~
RE: DEVELOPMENT REQUIREMENTS TABLE -DRAFT
The attached draft was prepared after considering the comments and concerns
voiced by the Commission at the work session. The suggested changes include
development restrictions as noted in the Land Use Table. We have attempted to
create a table that includes all data necessary to interpret the development
requirements.
Attached is a memo from the Building Official regarding setbacks. The
Commission may want to review this before taking action on the proposed
Development Requirement Table.
How does the Commission want to proceed with this item. Do you want to schedule
a work session or are you prepared to schedule a public hearing on the proposed
changes?
rilerilOTc~riC~U111
Date: 5/6/98
To: Planning & Zoning Commission
From: Robert C. Springer, Building Official 1
RE: SETBACKS
After reviewing another government agency's development code, a section was
discovered that allowed setbacks to be reduced by 10% (ten percent)
administratively. Adopting this procedure would:
Reduce the amount of time it takes to get building permits or final
inspections approved.
2. Reduce the variances and encroachments that are reviewed by the
Commission for small discrepancies as low asone-tenth of one foot.
3. Reduce the cost to the public.
The Commission has approved many of these small discrepancies over the years.
Any discrepancies over 10% (ten percent) would still be approved by the
Commission.
I would appreciate your consideration of this suggestion.
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ITY OF KENAI ~~
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.~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-2£f3-7535
FAX 907-283-3014
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1992
Apri128, 1998
CERTIFIED NO.: Z 466 070 919 (McKinley)
Z 466 070 917 (Paganucci)
William & Nina Mc Kinley
1501 Hedrick Drive
Melbourne. FL 32901
Dear William & Nina Mc Kinley
RE: 403 Birch-Lot 1, Long Subdivision
It has come to the attention of the City of Kenai that you, as the owner of record of the
above-referenced property, may be in violation of KMC 12.25.030 (c) Leaving of
Wrecked Discarded Non-Operating, or Illes?ally Parked Vehicles. I have attached a copy
of this section of the Kenai Municipal Code for your review. If you do not feel the
vehicle is inoperable or you have plans to take care of this problem, please let me know.
The Kenai Peninsula Borough will accept vehicles for disposal. There is no fee to private
individuals. I am attaching a copy of the Borough's checklist for disposing vehicles. If
you need more information on this program, contact the Kenai Peninsula Borough Solid
Waste Office at 262-9667.
If I can provide any further information, contact me at 283-7933.
Sincerely, ~
~.. f~ '' ~
Marilyn Kebschull
Administrative Assistant
Attachment
cc: Alex Paganucci, P.O. Box 3344, Kenai, AK 99611
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Apri129, 1998
Jennifer C. Eide
695 Sycamore Circle
Kenai, AK 99611
Deaz Ms. Eide
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
an
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CERTIFIED NO.: Z 466 062 987
RE: LOT 13, BLOCK H, WOODLAND SUBDIVISION PART 4
It has come to the attention of the City of Kenai that you, as the owner of record of the
above-referenced property, may be in violation of KMC 12.25.030 (c) Leaving of
Wrecked, Discazded, Non-Operatin , or Illeg~ly Pazked Vehicles. I have attached a copy
of this section of the Kenai Municipal Code for your review. If you do not feel the
vehicle is inoperable or you have plans to take Gaze of this problem, please let me know.
The Kenai Peninsula Borough will accept vehicles for disposal. There is no fee to private
individuals. I am attaching a copy of the Borough's checklist for disposing vehicles. If
you need more information on this program, contact the Kenai Peninsula Borough Solid
Waste Office at 262-9667.
If I can provide any further information, contact me at 283-7933.
Sinc ely,
Marilyn Kebschull
Administrative Assistant
Attachment
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
MAY 6, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.Kenai.net/city
BOARD OF ADJUSTMENT HEARING -Appeal of Tom & Vicki Fruichantie
BOARD OF ADJUSTMENT HEARING -Appeal of Restaurants Northwest (Burger
Ong)
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)
A~m;n/~~
/~,.~,~,~ 1., Henry Novak -Cook Inlet Council on Alcohol & Drug Abuse
~~.~ to.~ed~ih9
A'a~t0~ ~' Pr,~"~1
C. PUBLIC HEARINGS
~~~ 1. Ordinance No. 1779-98 -Amending the Kenai Zoning Code at KMC
14.20.150 to Prevent the Same or Substantially Similar Conditional Use
Permit Applications From Being Considered by the Planning & Zoning
Commission More Than Once in Any Nine-Month Period.
a. Remove from table.
b. Consideration and action.
~0~~'~d ~ 2. Resolution No. 98-25 -Transferring Funds for Purchase of Airport
Master Plan Report.
~~PGlr ~ 3. Resolution No. 98-26 -Transferring $2,500 in the Airport Lands Fund
for Airport Lighting Electrical Training.
-1-
~d~~ G~ 4. Resolution No. 98-27 - Awarding a Contract to Wilkes Quality Floors for
Kenai Public Safety Building Carpet Replacement - 1998 for the Total
Amount of $30,734.00 Which Includes the Base Bid and Additive
Alternate.
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Challenger Board
d. Kenai Visitors & Convention Bureau Board
e. Alaska Municipal League Report
E. MINUTES
1. *Regular Meeting of April 15, 1998.
2. *Budget Work Session Notes -April 8, 1998
3. *Budget Work Session Notes -April 22, 1998
F.
G. OLD BUSINESS
H. NEW BUSINESS
~oPi'~1/~ 1. Bills to be Paid, Bills to be Ratified
,gpProve~ 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1780-98 -Increasing Estimated Revenues and
Appropriations by $1,156 in the Senior Employment Title V Fund.
4. *Ordinance No. 1781-98 -Replacing the Tables Referred to in the
Personnel Regulations (Title 23) to Establish a New Salary Structure by
Grade and New Hourly Rates for Part-Time Employees.
-2-
5. *Ordinance No. 1782-98 -Appropriating $600,000 of grant Funds for
~~ ~ aG6t~izu-~ ~ `98 Water System Improvements.
~ Y~iSen~" ~~ s~Gei,~tv'iD 5
,~N~Q~ • 6. Discussion -Challenger Agreement
~~ ~~~°1987. Discussion -Scheduling Board of Adjustment Hearing -Denial of
'~'DD~L Variance for Off-Premise Sign/Tract A-2, Evergreen Tract A Re-
Subdivision -Jerry Stock, Appellant.
~~~~~/ 8. Approval -Change Order No. 4 -Alaska Regional Fire Training
Center/Alcan General, Inc. - $45,643.00.
~~Or?~c/2G~ 9. Approval -Special Use Permit Renewal/TSN, R11W, Sec. 9, Lot 3, Patent
A-032678, City Dock to Snug Harbor Seafoods.
EXECUTIVE SESSION -None Scheduled.
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J.
1. Citizens (five minutes)
2. Council
K. ADJOURNMENT
-3-
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KENAI PENINSULA BOROUGH
PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
PLANNING DEPARTMENT
SOLDOTNA, ALASKA
April 27, 1998 5:30 P.M.
Tentative Agenda
Members:
John Hammeknan
Areawide
Term Expires 1998
Ellis Hensley
Nikiski
Term Expires 1888
Brent Johnson
Kasilof Area
Tenn Expires 2000
Ann Whitmore-Painter
Moose Pass Area
Tenn Expires 2000
ALTERNATES:
Philip Bryson
Kenai City
Term Expires 1888
Leroy Gannaway
Homer CRy
Term Expires 1888
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A. CALL TO ORDER ~
B. ROLL CALL
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences -None
3. Minutes -None
D. CONSIDERATION OF PLATS
1. Martin's Lakeside S/D
Sterling Highway, north of Coal Creek
Preliminary; Segesser Surveys
KPB File 98-065
2. Horseshoe End at River Bend S/D Garcia Addn.
Kenai City; Preliminary
Wince-Corthell-Bryson
KPB File 98-066
3. Carl F. Ahlstrom Church of God Replat
Kenai City; Preliminary
Integrity Surveys
KPB File 98-067
4. Rarick S/D; K Beach Road, east of Bridge Access
Preliminary; Integrity Surveys
KPB File 98-070
5. Nikiski Village No. 5; Nikishka
Preliminary; McLane Consulting Group
KPB File 98-068
6. Scotch Run No. 3 Haley Addn.
Wendy Lane, west of Caswell
Preliminary; Whitford Surveying
KPB File 98-069
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~~ Skyline Drive; east of West Hill Road
`~. Preliminary; Jeny Breese
KPB File 97-218
E.` ADJOURNMENT
The next regularly scheduled Plat Committee meeting is May 11, 1998 at
5:30 p.m. in the Planning Department at the Borough Administration Building in
Soldotna.
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KENAI PENINSULA BOROUGH
PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
SOLDOTNA,ALASKA
Apri127, 1998 7:30 P.M.
Tentative Agenda
John Harnmeltnan
Chairman
Areawide
Term Expires 1999
Philip Bryson
Vice Chairman
Kenai City
Term Expires 1998
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Term Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2000
Wayne Carpenter
PC Member
Seward City
Term Expires 1999
Robert Clutts
Pc Member
Anchor Point
Term Expues 1998
Wes Coleman
PC Member
Soldotna city
Term Exprres 1999
Leroy Gannaway
PC Member
Homer City
Tern Expires 1998
Ellis Hensley, Ir.
PC Member
Nikiski
Term Expires 1999
Brent Johnson
PC Member
Kasilof Area
Term Expires 2000
Tom Knack
Pc Member
Cooper Landing
Tern Expires 1998
A. CALL TO ORDER
B. ROLL CALL
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C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
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
someone from the public so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment
1. Time Extension Requests
a. Glenwood S/D Allenwood Replat
KPB File 96-165 [Segesser Surveys]
b. Hulbert S/D
KPB File 90-068 [Roger Imhoff)
2. Plats Granted Administrative Approval
3. Plats Granted Final Approval Under 20.04.070 -None
4. Plat Amendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) North of Ninilchik; Timber Harvest; Detailed Plan of
Operations; Stout; KK98-04
2) Anchor Point; Timber Harvest; Detailed Plan of
Operations; Yeck; KK98-OS
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3) Upper Trail Lake; Railroad Bridge Repair; Alaska
Railroad; AK9803-14AA
b. Conclusive Consistency Determinations Received from
DGC
Administrative Determinations -None
6. KPBPC Resolutions
a. KPBPC Resolution 98-13: Vacating the 50 foot radius half
cul-de-sac temporary turn around within Lot 4, Block 1,
Emerald Highland Estates Unit 2 (Plat 76-29 Homer
Recording District); within Section 13, Township 6 South,
Range 14 West, Seward Meridian, Alaska; and within the
City of Homer; KPB File - 98-036
7. Commissioner Excused Absences
a. No excused absences requested.
8. Minutes
a: April 13, 1998 Planning Commission Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
1. Tulin Terrace S/D West Terrace Addn.; Preliminary Plat
KPB File 98-056; Ability Surveys
Location: north of Homer; south of Skyline Drive
Carried forward from April 13, 1998.
F. PUBLIC HEARINGS
Revise existing street suffixes to help implement the Enhanced 9-1-
1 Street naming and Addressing Project within the Kenai Peninsula
Borough. Street suffixes to be revised are grouped together within
their related Emergency Service Number (ESN) areas which pertain
to the Enhanced 9-1-1 Project.
a. 11 suffixes are proposed for revision for ESN 202, north
and east of Homer
b. 43 suffixes are proposed for revision for ESN 302,
Sterling/Ridgeway/KalifornskyBeach
c. 12 suffixes are proposed for revision for ESN 303, Funny
River/Kasilof/Cohoe
d. 4 suffixes are proposed for revision for ESN 401, Anchor
Point
e. 5 suffixes are proposed for revision for ESN 451, Ninilchik
f. 18 suffixes are proposed for revision for ESN 501, Nikiski
g. 6 suffixes are proposed for revision for ESN 752, Bear
Creek
G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS -None
CONSIDERATION OF PLATS
1. Seven plats are scheduled for review by the Plat Committee.
7. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
1. Application for a Conditional Use Permit Pursuant to KPB 21.18
for the development of a gravel trail, a 3' x 24' access stairway, a 4'
x 48" elevated light penetrating walkway. within 50 feet of ordinary
high water of the Kenai River and a 3' x 6' stairway into the Kenai
River on Lot F-3 Blk. 3, Moose Range Meadows Subdivision,
Phase 2, Tyler Addition, Section 1, T04N, R10W, S.M., River Mile
26.7 right bank (KPB Parcel No. 135-262-23), Ansel, KPBPC
Resolution 98-18
2. Application for Conditional Use Permit Pursuant to KPB 21.18. for
the development of a gravel trail, a 3' x 24' access stairway, a 5' x
64" elevated light penetrating walkway within 50 feet of ordinary
high water of the Kenai River and a 3' x 6' stairway into the Kenai
River on Lot F-2 Blk. 3, Moose Range Meadows Subdivision,
Phase 2, Tyler Addition, Section 1, T04N, ROlOW, S.M., River
Mile 26.7 right bank (KPB Parcel No.135-262-22), Malone,
KPBPC Resolution 98-19
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
1. Choose new Plat Committee. Members will serve May, June, and
July.
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. CONIlVIISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
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.
Petition to vacate twenty foot utility easement within Tract 1-A,
Peninsula Center S/D Gardner Addition. Within Section 32,
Township 5 North, Range 10 West, Seward Meridian, Alaska and
within the City of Soldotna
Postponed to May 26, 1998
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
Postponed to May 11, 1998.
Q. ADJOURNMENT
The Plat Committee will meet on April 27, 1998 at 5:30 p.m. in the Planning
Department (top floor) of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled meeting of the Plat Committee is May 11, 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 May 11, 1998 at
7:30 p.m. in the Assembly Chambers at the Borough Administration Building in
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
AML Legislative Bulletin #20-14 April 10, 1998
2. Cooper Landing Advisory Planning Commission
Apri18, 1998 Minutes
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fag: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
KPB Trails Commission Apri122
KPB Trails Commission Apri129
Anchor Point Advisory Planning Commission May 5
Moose Pass Advisory Planning Commission May 6
Kachemak Bay Advisory Planning Commission May 7
Funny River Advisory Planning Commission May 11
Cooper Landing Advisory Planning Commission May 13
Kachemak Bay Advisory Planning Commission May 21
KENAI PENINSULA BOROUGH
PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
PLANNING DEPARTMENT
SOLDOTNA, ALASKA
May 11, 1998 5:30 P.M.
Tentative Agenda
Members:
Philip Bryson
Kenai City
Term Expires 1958
Wes Coleman
Soldotna City
Term Expires 1899
Leroy Gannaway
Homer City
Term Expires 1888
Ann Whitrnore-Painter
Moose Pass Area
Term Expires 2000
ALTERNATES:
Wayne Carpenter
Seward City
Term Expires 1899
Brent Johnson
Kasilof Area
Terre Expires 2000
Tom Knock
Cooper Landing
Term Expires 1888
'~C~
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A. CALL TO ORDER ~/
B. ROLL CALL
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences -None
3. Minutes
a. Apri127, 1998 Minutes
D. CONSIDERATION OF PLATS
1. Chumley Tracts No. 2
Sterling Highway, east of Soldotna
Postponed Preliminary; Integrity Surveys
KPB File 98-045
2. Soldotna Junction S/D Mapco Replat; Soldotna City
Preliminary; Integrity Surveys
KPB File 98-076
3. Longmere Lake Estates Zimco Replat
Sterling Highway, Longmere Lake
Revised Preliminary; Integrity Surveys
KPB File 98-063
4. Willow Brook S/D North Addition
north of K Beach Road; east of Bridge Access
Preliminary; Integrity Surveys]
KPB File 98-086
5. Royal Acres No. 2
[Slight name change -there is an existing No. 2]
Kenai River; south of Scout lake Loop
Preliminary; McLane Consulting Group
KPB File 98-078
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6. Sixmile Creek S/D No. 2
Hope and Six Mile Creek
Preliminary; McLane Consulting Group
KPB File 98-079
7. Ninilchik River Estates Addn. No. 3
east of Ninilchik; Preliminary
McLane Consulting Group
KPB File 98-081
8. Wes Warren S/D Ranch Addn. No. 2
Holt-Lamplight Road, east of Kidney Lake
Preliminary; McLane Consulting Group
KPB File 98-082
9. Strawberry Acres S/D Chappell Addn.
north and east of Kenai City limits
Preliminary; McLane Consulting Group
KPB File 98-083
10. Greening Vista 1998 Addn.
Skyline Drive, north of Homer
Preliminary; Johnson Surveying
KPB File 98-084
11. Arrowhead S/D; west of Whisper Lake
Preliminary; Swan Surveying
KPB File 98-085
ADJOURNMENT
The next regulariy scheduled Plat Committee meeting is TUESDAY, May 26,
1998 at 5:30 p.m. in the Planning Department at the Borough Administration
Building in Soldotna.
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KENAI PENINSULA BOROUGH
PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING ~"
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May 11, 1998 7:30 P.M. ~~~~~, `~
~
Tentative Agenda 9~~~
~~, ~
A.
John Hammehnan
Chairman B•
Areawide
Term Expires 1999
C.
PhisP Bryson
vice Chairman
Kenai City
Term Expires 1998
Ann Whitmoro-Painter
Parliamentarian
Moose Pass Area
Term Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Tenn Expires 2000
~ Wayne Carpenter
PC Member
Seward City
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 1998
Wes Coleman
PC Member
Soldotna city
Tenn Expires 1999
Leroy Gannaway
Pc Member
Homer City
Term Expires 1998
Ellis Hensley, Jr.
PC Member
Nikiski
Term Expires 1999
Brent Johnson
PC Member
Kasilof Area
Tenn Expires 2000
Tom Knock
PC Member
cooper Landing
Term Expires 1998
CALL TO ORDER
ROLL CALL
APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
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
someone from the public so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Requests
a. Maranatha Addn. No. 4
KPB File 96-080 [Terry Easthamj
Location: Parson's Lake North Kenai
b. Kalbea S/D Seawatch Addn.
KPB File 96-053 [McLane Consulting Group]
Location: Kalifornsky Beach Road
c. Northwood Acres S/D Newcastle Addn.
KPB File 97-036 [McLane Consulting Group]
Location: South of Holt Lamplight Road north of Salamatof
Lake
2. Plats Granted Administrative Approval
Plats Granted Preliminary Approval under 20.04.070 Abbreviated
Plat Procedures
a. Lost Lake S/D Number Five
KPB File 98-073 [Integrity Surveys]
b. Lost Lake S/D Number Six
KPB File 98-074 [Integrity Surveys]
4. Plat Amendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Clam Gulch; Timber Harvest; Detailed Plan of
Operations; Circle DE Pacific Corporation; KK98-
06
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations
6. KPBPC Resolutions -None
7. Commissioner Excused Absences
a. No excused absences requested.
8. Minutes
a. Apri127, 1998 Plat Committee Minutes
b. Apri127, 1998 Planning Commission Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than fhose appearing on the agenda. Limited to three minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
1. 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
Carried forward from March 23, 1998
F. PUBLIC HEARINGS
1. Petition to vacate
a. 60 foot wide north/south public right-of--way and utility
easement; sometimes referred to as Old Cannery Road;
within Govt Lot 2, Section 18
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AND
b. section line easement within Sections 7 & 18; all within
TSN, Rl 1 W, S.M., AK; partially within City of Kenai
KPB Files 98-071 & 98-075
2. Public notice is hereby given that a public hearing will be held to
rename an existing street to help implement the Enhanced 9-1-1
Street Naming and Addressing project within the Kenai Peninsula
Borough. The street under consideration at this meeting is in ESN
801: Cooper Landing Area. Reason for change: Historical aspect
of name.
a. EAST QUARTZ CREEK ROAD, only that portion
extending west from the Williams Road/East Quartz Creek
Road intersection, within ASLS 85-339 East and West
Quartz Creek and Dry Creek Units (Plat SW 87-3), Section
36 TSN, located offof Quartz Creek Road, proposed to be
renamed CLAYTON WAY.
3. An Ordinance Authorizing the Sale of 11 Additional Lots in the
Ongoing, Year to Year, Over-the-Counter Market Value Sale of
Designated Borough Owned Land Within Gray Cliff and Moose
Point Subdivisions
4. An Ordinance Authorizing Retention or Sale of Certain Real
Property Obtained by the Kenai Peninsula Borough Through Tax
Foreclosure Proceedings
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Petition to vacate utility easement centered on line common to Lots
7 & 8, Sandhill Meadows S/D within Sec. 10, T2S, R14W, S.M.,
AK; Location: South of Deep Creek Road approximately one mile
easterly of Sterling Highway; KPBPC Resolution 98-20; KPB File
98-046
H. SPECIAL CONSIDERATIONS
Carmody, Katherine R. -Plat Waiver Request
KPBPC Resolution 98-21: Granting a waiver to platting
requirements for certain lands within Section 23, Township 7
North, Range 12 West, Seward Meridian, Alaska; Location: Cabin
Lake area; KPB File 98-080
2. Building Setback Exception; Hidden Hills No. 9, Lot lA; Anchor
Point area
I. CONSIDERATION OF PLATS
1. Eleven plats are scheduled for review by the Plat Committee.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
Prior Existing Use for a Sand, Gravel, or Material Site
Determination; near Ninilchik, Covey
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.
3. Petition to vacate twenty foot utility easement within Tract 1-A,
Peninsula Center S/D Gardner Addition. Within Section 32,
Township 5 North, Range 10 West, Seward Meridian, Alaska and
within the City of Soldotna
Postponed to May 26, 1998
Q. ADJOURNMENT
The Plat Committee will meet on May 11, 1998 at 5:30 p.m. in the Planning
Department (top floor) of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled meeting of the Plat Committee is TUESDAY,
May 26, 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 TUESDAY,
May 26, 1998 at 7:30 p.m. in the Assembly Chambers at the Borough
Administration Building in Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
AML Legislative Bulletin #20-15, April 24, 1998
2. Material Site Task Force Report
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
Anchor Point Advisory Planning Commission May 5
Moose Pass Advisory Planning Commission May 6
Kachemak Bay Advisory Planning Commission May 7
Funny River Advisory Planning Commission May 11
Cooper Landing Advisory Planning Commission May 13
Kachemak Bay Advisory Planning Commission May 21
~~
memorandum
Date: 5/6/98 ~.
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant"
RE: CONDITIONAL USE PERMITS /VARIANCE PERMITS
1994 TO PRESENT
The attached data was compiled from past Planning and Zoning resolutions. The
data may be incomplete on some of the older resolutions. This information is being
provided to give you a historical perspective of past permits reviewed by the
Commission.
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YOU'RE INVITED TO...
---.
"PRESERVATION BEGINS AT HOME"
Saturday, May 9, 1998
Kenai Visitor's Center 1:00 p.m.
Citizens in Kenai will join thousands of individuals
across the United States as part of a nationwide
celebration of the 27th Annual Historic Preservation
Week, May 9 -16, 1998.
In order to recognize the beauty, variety, and
significance of the older buildings in Kenai, a
special, narrated version of the Townsite Historic
Board's newly completed "Walking Tour of Old
Town Kenai" introduced by Carol Ford will begin
at the Visitor's Center at 1:00 p.m.
Following the tour, participants will return to the
Visitor's Center for Russian Tea and cookies, with an
opportunity to share stories from "The Communities
of Memory Project."
r ~~b
Hugh Chumley
P.O. Box 1371
Sterling, Alaska 99672
May 1,1998
Honorable John Williams
Mayor
City of Kenai
Dear Honorable Mayor,
This letter is to advise you that we are herewith withdrawing our request for a Conditional Use
Permit for fJots 6 & 7, Papa Joe's Subdivlslon. We had originally considered our proposal would
be warmly received as a progn~sive and natural murse of development of the City of Kenai
along its main arteries of transportation and commerce, the Kenai Spur Highway. However, and
much to our surprise, our proposal was met by a very vocal level of opposition by rodents of
the surrounding area. We in no way intended to ignite the fine-storm of politically divisive
controversy and ill will which our request has obviously generated.
My brothel' Joe and i have been residents of the Kenai/Soldotna/Sterling communities for many
years and have committed our personal lives, our business Uves, and the lives of our families ~
this area and do not wish to be the lightening rod for what has become a very controversial
issue, namely the growth patterns of the City. We value the friendships we have made in our
adopted home too much to jeoparclize them with this issue.
We withdraw our request for the Conditional Use Permit to albw professional offices on the
property and will pursue any future development within existing zoning restrictions.
Sinoenety,
Hugh Ch coley
~~~
F' Kenai Peninsula Borough
Planning Department
~ 144 North Binkley
Soldotna, Alaska 99669-7599
toll free within the Borough 1-800-478-4441, extension 260
(907) 262-4441, extension 260
FAX (907) 262-8618
e-mail: planning@borough.kenai.ak.us
April 28, 1998
NOTICE OF BOROUGH PLAT COMMITTEE ACTION
MEETING OF APRII, 27, 1998
RE: Horseshoe End at River Bend S/D Garcia Addn. Preliminary Plat
The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat
Committee. The conditions of approval are stated in the attached draft minutes.
If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning
Department.
This notice and unapproved minutes of the subject portion of the meeting were sent
April 28, 1998 to:
City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611.
Advisory Planning Commission: n/a
Survey Firm: Wince-Corthell-Bryson, 609 Marine, Suite 250, Kenai, Alaska 99611.
Subdivider/Petitioner: Chris and Delora Garcia, P.O. Box 203, Kenai, Alaska 99611-
0203; City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611-7750.
KPB File Number: 98-066
RFCF V D
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AGENDA ITEM D. CONSIDERATION OF PLATS
2. Horseshoe End at River Bend S/D Garcia Addn. (Preliminary)
KPB FILE 98-066 [Vl/ince-Corthell-Bryson)
Staff report as read by Maria Sweppy. Plat Committee Meeting 4/27/98
Location: Beaver Loop Road and the Kenai River within the City of Kenai
Proposed Use: Residential
Zoning: Rural Residential
Sewer/Water. On-site
Suooortina Information: This replat of Tract 5-B and Tract 4, Horseshoe at River Bend Subdivision, relocates the
common lot line to eliminate an encroachment.
Kenai Planning and Zoning Commission recommended preliminary approval on March 25, 1998.
This subdivision is within a flood hazard zone.
The proposed subdivision appears to be within the Kenai River Habitat Protection Area. Development may require
a permit under Title 21 Borough Code of Ordinances. A note is to be placed on the plat.
STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and
the following conditions:
REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB
20.12 AS FOLLOWS:
1. Correct or add to the legal description/location/area. Include reference to being within the City of Kenai.
2. Provide name/address of owner(s).
3. Show existing streets with name and width.
4. Vicinity Map -
• Show range
• Show city limits
5. Indicate the approximate location of the area subject to inundation by storm or tidal flooding. If applicable,
cite the study identifying the flood plain and show limits of 100 year flood.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH
TITLE 20:
6. Provide Improvement Installation Agreement from City; or letter that agreement is not required.
7. State right-of--way. Show source of information for data used.
8. Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
9. Certificate of Ownership and Dedication. This should be set up so that the lot owner who is not a party to
a Deed of Trust is not certifying the Deed of Trust requirements.
10. Conform to conditions of KPB Planning Commission Resolution 78-6.
11. Show Recording District in or near title block.
12. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations.
13. Compliance with Ordinance 90-38(Substitute) -Ownership.
14. Compliance with Orclinance 90-43 -Easement definition.
15. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and
filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will
be on deposit with the Finance Department.
Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as
platting board by feting written notice thereof with the borough planning director within 10 days after
notification of the decision of the plat committee by personal service, service by mail, or publication.
KENAI PENINSULA BOROUGH PLAT COMMITTEE APRIL 27, 1998 MEETING PAGE 3
UiVAPPP~VC~ iViihIUTES
(2.40.080 Borough Code of Ordinances)
END OF STAFF REPORT
MOTION: Commissioner Johnson moved, seconded by Chairman Hammelman, to grant approval to the preliminary
plat subject to staff recommendations.
VOTE: The motion passed by unanimous consent.
GANNAWAY HAMNEUIMIN JOHNSON WHITMORE-PAINTER FOUR YES
YES YES YES YES
KENAI PENINSULA BOROUGH PLAT COMMITTEE APRIL 27, 1998 MEETING PAGE 4
ia~
Kenai Peninsula Borough
Planning Department
Q 144 North Binkley
Soldotna, Alaska 99669-7599
toll free within the Borough 1-800-478-4441, extension 260
(907) 262-4441, extension 260
FAX (907) 262-8618
e-mail: planning@borough.kenai.ak.us
April 28, 1998
NOTICE OF BOROUGH PLAT COMMITTEE ACTION
MEETING OF APRII, 27, 1998
RE: Cazl F. Ahlstrom Church of God Replat Preliminary Plat
The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat
Committee. The conditions of approval are stated in the attached draft minutes.
If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning
Department.
This notice and unapproved minutes of the subject portion of the meeting were sent
Apri128, 1998 to:
City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611.
Advisory Planning Conunission: n/a
Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611.
Subdivider/Petitioner: Fred Rich, et al, 14143 Kenai Spur Highway, Kenai, Alaska
996 1 1-7 1 04; Church of God, P.O. Box 3356, Kenai, Alaska 99611.
KPB File Number: 98-067
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AGENDA ITEM D. CONSIDERATION OF PLATS
3. Carl F. Ahlstrom Church of God Replat (Preliminary)
KPB FILE 98-067 [Integrity Surveys]
Staff report as read by Maria Sweppy. Plat Committee Meeting 4/27/98
Location: Kenai Spur Highway and Cook Inlet View Drive within the City of Kenai
Proposed Use: ResidentiaUCommercial
Zoning: General Commercial and Suburban Residential
Sewer/Water. City
Suoportinq Information: This is a replat of Lots 1 through 4, 13 and 15, Block 16, Carl F. Ahlstrom Subdivision
into one trail.
Per the parent plat there is a ten foot utility easement on the side and rear of each residential lot. The location of
these easements is to be shown on the final plat.
State of Alaska, Department of Transportation and Public Facilities (DOT&PF) has requested the plat be
corrected to show the additional right-of-way for the Kenai Spur Highway. A copy of right-of-way map will be
forvvarded to the survey firm upon receipt of same from DOTSPF.
Kenai Planning and Zoning Commission recommended preliminary approval on March 25, 1998. The Kenai
Commission had no areas of major concern.
STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations,
and the following conditions:
REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN
KPB 20.12 AS FOLLOWS:
1. Con'ect or add to the legal description/location/area.
• Reference what is being replatted.
• Correct Range 11 to Range 12 West
2. Provide name/address of owner(s).
3. Provide date of this survey.
4. Vicinity Map
• Correct the ranges
• Show and label Wildwood Drive or Cook Inlet View Drive
• Label highway with name
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE
WITH TITLE 20:
5. Show and label existing easements.
6. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed.
7. State right-of-way. Show source of information for data used.
8. Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
9. Note 4 -delete reference to setback.
10. Remove building setback statement on plat within city limits.
11. Conform to conditions of KPB Planning Commission Resolution 78-6.
12. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations.
13. Compliance with Ordinance 90-38(Substitute) -Ownership.
14. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and
filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes
will be on deposit with the Finance Department.
KENAI PENINSULA BOROUGH PLAT COMMITTEE APRIL 27, 1998 MEETING PAGE 5
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Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as
platting board by filing written notice thereof with the borough planning director within 10 days after
not cation of the decision of the plat committee by personal service, service by mail, or publication.
(2.40.080 Borough Code of Ordinances)
END OF STAFF REPORT
MOTION: Commissioner Gannaway moved, seconded by Chairman Hammelman, to grant approval to the
preliminary plat subject to staff recommendations.
Commissioner Whitmore-Painter recognized Cliff Baker, surveyor. Mr. Baker advised that a petition to vacate
the utility easements along the lot lines will be submitted. He commented that the original Carl Ahlstrom
Subdivision was a peculiar subdivision. The final plat was never completed. This subdivision's preliminary plat
was recopied.
Commissioner Gannaway asked if a land sale was pending. Mr. Baker said the church wanted to purchase Lot
14. The church wants to build a parsonage; however, they cannot build it on one parcel due to zoning restraints.
Combining the parcels will allow construction of the parsonage on the large parcel.
VOTE: The motion passed by unanimous consent.
GANNAWAY HAIMAEUNAN JOHNSON WHITMORE-PAINTER FOUR YES
YES YES YES YES
KENAI PENINSULA BOROUGH PLAT COMMITTEE APRIL 27,1998 MEETING PAGE 6
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