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Home My WebLink About1998-09-23 p&z packetAMENDED AGENDA ~~ CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 23,1998 - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 9, 1998 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ98-40--A resolution amending KMC 14.20.150 -Conditional Use Permits (Continued from 9/9/98) b. PZ98-45 (PZ88-17)--An application to amend Conditional Use permit PZ88-17 to include guiding for the property described as Lots 4 and 5, Angler Acres Part 3, 1035 & 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. 5. NEW BUSINESS: a. Street Name Changes -Discussion regarding changing post-directionals to pre- directionals, i.e. Willow Street North to North Willow Street b. Planning & Zoning -Title 14 Revisions 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. 518 Pine -Wee Folks Daycare -Operating without a Home Occupation Permit 8. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Page 2 ~~ Agenda September 23, 1998 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda b. Letter to Karen Mahurin dated September 17, 1998 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: AGENDA ~ CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 23,1998 - 7:00 p.m. httn : //www. c i . kenai . ak. u s 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 9, 1998 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ98-40--A resolution amending KMC 14.20.150 -Conditional Use Permits (Continued from 9/9/98) b. PZ98-45 (PZ88-17)--An application to amend Conditional Use permit PZ88-17 to include guiding for the property described as Lots 4 and 5, Angler Acres Part 3, 1035 & 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. 5. NEW BUSINESS: a. Street Name Changes -Discussion regarding changing post-directionals to pre- directionals, i.e. Willow Street North to North Willow Street 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. 518 Pine -Wee Folks Daycare -Operating without a Home Occupation Permit 8. REPORTS: a. City Council b. Borough Planning c. Administration ~ 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 10. INFORMATION ITEMS: Page 2 September 23, 1998 a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda b. Letter to Karen Mahurin dated September 17, 1998 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION September 9, 1998 - ?:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER: Vice-Chairman Bryson called the meeting to order at 7:05 p.m. a. Roll Call Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Art Graveley Members Absent: Carl Glick Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA ADDING THE ITEMS PRESENTED PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED WITH THE ADDITIONS. c. Approval of Minutes: August 26, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF AUGUST 26, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. MINUTES OF AUGUST 26, 1998 WERE APPROVED AS WRITTEN. d. Consent Agenda * All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequences on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT -- None Planning & Zoning Commission September 9, 1998 Page 1 3. ~~) CONSIDERATION OF PLATS: a. PZ98-46 -- Grace Brethren Replat #2 Kebschull reported the applicant is asking to remove existing property lines to create one large parcel. Utility easements will also be vacated with permission from each affected utility company. GOECKE MOVED TO APPROVE PZ98-46. MOTION SECONDED BY MAHURIN. No public comment. No Commission discussion. VOTE WERNER-QUADE NORD GRAVELEY GLICK Motion passed. 4. PUBLIC HEARINGS: Yes GOECKE Yes Yes MAHURIN Yes Yes BRYSON Yes Absent a. PZ98-40 -- A resolution amending KMC 14.20.150 -Conditional use Permits Mahurin requested point of order and asked if the Commission had voted for this item to go to a public hearing. Vice-Chair Bryson informed Mahurin the item was voted on at a meeting she did not attend. GOECKE MOVED TO APPROVE PZ98-40. MOTION SECONDED BY ~iTERNER-QUADE. Bryson indicated testimony given during the public hearing will be limited to three minutes unless an individual had a written document that would be read. If that be the case then the individual is asked to state that before beginning comment. Donna Riddle, 1535 Angler Drive, Kenai, Alaska asked what the proposed amendments were. Bryson requested a short recess while Kebschull made copies of the proposed changes. Recess began at 7:10 p.m. Meeting resumed at 7:20 p.m. Two items were handed out to the audience; one of the items was the sheet which was included in the packet labeled 14.20.150 and at the bottom it says Title 14.1. This Planning & Zoning Commission September 9, 1998 Page 2 represents the existing conditional use code. Bryson pointed out the highlighted areas on the sheet were those items Administration had been working on. The second sheet did not have a page number but had the same chapter designation. This sheet was the proposed code. Bryson requested staff provide a summary of the proposed amendment. Kebschull explained, over the past year when conditional use permit applications were reviewed, item 1.I was questioned. Kebschull continued, those individuals who have spoken against an application made the comment, "how can we allow a conditional use when the use is generally in those zones are residential zones and are listed as "P's" in the land use table." As a result, staff felt if the code is viewed literally, then technically the City could not allow anything other than principal use within the zone. However, staff also felt (and the City Attorney advises) the Land Use Table was written after Title 14 and that, in a court of law, would take precedence. The proposed code is taken from Seward and who have a very speck process a person goes through to apply. This also requires a public hearing and the review criteria the commission is supposed to follow. Mahurin asked if the public notification for adjacent and neighboring property was modified in any manner. Kebschull replied, the public notification procedure is the same as it always has been, which is 300 feet from any property line as well as being published twice in the paper seven days before a meeting. Verbatim Begins Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska and I~1 be affected ah...by the proposal that you're trying to make in Thompson Park but this conditional use permit is getting out of hand and I recommend it just cease and desist when it pertains to residential; changing variances so that ah...there could be businesses or whatever. It's akeady come up with some other people, I think it is Cinderella ah.... Subdivision who had to spend time, effort to protect their property and it being residential and um...other people, one person's not here, who feels the same way, he'll be coming later and he lives in Thompson also, but where does it stop? That's....that's the issue, where does... it... sh... ah.. one person gets a conditional permit then another one, then another one, then another one, and Ill speak later on.... further, but right now I'm against conditional permits, I'd like to see em' stopped especially if it pertains to a residential es... ah... district or subdivision. Bryson: Ah... did you sign the ah...the list ah...on the.... on the podium? Gill-Thompson: Ah...no, no... (signed the roster). Planning & Zoning Commission September 9, 1998 Page 3 Bryson: Any... any questions for Ms. Thompson? Okay, ah... other 1 persons who would like to speak? Debbie Sonberg, 410 Cinderella, Kenai, Alaska - My name is Debbie Sonberg and I'm at 410 Cinderella Street. Many from the community and my neighborhood in particular have....have been before numerous times this year and in the past. Our primary concern has been preserving the character of our neighborhoods and having a voice in the development of our respective neighborhoods. Many cities formally recognize the unique character of neighborhoods and actively work with those neighborhoods to promote development and preservation within those unique characteristics. Our city has formally recognized the uniqueness of neighborhoods in the Comprehensive Plan on page 17 in a section entitled, "A City of Neighborhoods". That section reads, "Kenai is characterized by disperse pockets of development separated by drainage ravines, bogs and the Kenai River flood plain." These separate developable areas have tended to create a City of identifiable neighborhoods, each with a somewhat different character. When asked, Kenai residents say they live in such neighborhoods as Woodland, Beaver Loop, or Valhalla, not just Kenai. I live in the MAPS neighborhood and I believe we were given that name by others, not by ourselves, but that's where I live. I think we have continually demonstrated to the Planning and Zoning and to the Council and to the community in general that this neighborhood identity is very important to us. Rather than try to patch a bad land use table with zoning wording changes that give the Commission and Council more power to override neighborhood concerns and desires, I think that this resolution should be voted down or at a minimum, tabled until a more comprehensive neighborhood sensitive solution can be sought. Some type of formal neighborhood planning needs to be adopted that will be a proactive solution rather than the reactive method currently available to us. The City of Round Rock, Texas has a neighborhood plan that reflects a proactive type of neighborhood involvement that could serve as a model of what we could be. The neighborhood planning purpose statement of the City of Round Rock is, "neighborhood planning is a process of identifying improvements and preserving aspects of a neighborhood that make it unique. A neighborhood plan is the outline for development of the neighborhood that aims to protect and improve it's character as it evolves. The neighborhood plan supplements the city's general plan or existing ordinances and identifies key issues for improvement in the neighborhood." The City of Round Rock began its neighborhood planning efforts in 1984. They currently have three identified neighborhoods and plans. Excerpts from their planning process; "neighborhood planning is an important way for Round Rock residents to have a say in how future change will affect their neighborhoods." Neighborhood plans typically address such issues as transportation, infrastructure, schools, parks and recreation, the 1 ' Planning & Zoning Commission September 9, 1998 Page 4 environment, utility service, and future land use. Through the neighborhood planning process the planning and community development staff and people from other city departments form a dialogue with neighbors that can shape the city policy and future decisions that will affect the neighborhood. The neighborhood planning team members act as a liaison between the neighborhood and city staff in representing neighborhood concerns. The neighborhood planning team identifies solvable problems in their neighborhoods as well as unique characteristics that they would like preserved. The plan may either become an amendment to the city's general plan or an advisory document that is used guide city policies towards the neighborhood. The plan becomes a work order for city departments and for the neighborhood itself. Isn't this what were really been asking for all along? We want an active voice in identifying neighborhoods uniqueness and a part in the decision making in development in our neighborhoods. We want the city to recognize us and respect us for our uniqueness. This resolution, PZ98-40, if passed will undermine the uniqueness of neighborhoods by giving the city officials, planning and zoning, Council, etc., more power to overlook public input and rule their own views of development. This resolution will create more conflict in the development process that already exists and promote more appeals and more frustration for the citizens of Kenai. The new land use tables, this, ah...like the new land use tables... Bryson: Excuse me.... ah...are you going to be... is this going to be... Sonberg: Got about that much more to read (indicated remaining paragraph with fingers). Bryson: Okay... ' Sonberg: It's only two pages.... Bryson: Go ahead...please.... Sonberg: I don't think it took three minutes.... like the new land use tables, this resolution has far reaching impacts on the entire community. Three words in a public notice, conditional use permits, is not adequate disclosure to the public on the decision you now have before you. The land use table was changed without significant public notice and the final table was nearly a reversal of what the planning and zoning commission originally anticipated as my understanding is. The land use table and this resolution carry more significant impacts that any single conditional use application. Every citizen should have received notice in the mail and a clear explanation of the impacts of these items. Please do not vote in favor of adopting this stop-gap resolution but rather seek a more comprehensive solution. We are ready to work with you on neighborhood planning. Thank you. Planning & Zoning Commission September 9, 1998 Page 5 Bryson: Thank you. Ah...like to remind you that if you have testimony like...you'd like read into the ah...record and it's going to take over three minutes could you let us know before you start. Other persons who'd like to make testimony? Sir? in the far back. Nolan T. Compton, 2785 Beaver Loop Road, Kenai, Alaska. I'm Nolan Compton, I live at 2785 Beaver Loop Road and I would like to first off say that I believe that this should be tabled because of the lack of time that was allowed for the public. This came out in Friday's paper, there was a holiday weekend, there was a lot of people out of town. Basically you had two days to review what was going on here. I don't think that's sufficient public notice to allow them for that. I don't know what the city requirements are but I think there's a lot more people that...that would be very....like to be here tonight that were not informed of what was going on in this particular condition and I don't think that there....there was enough time given to the public in this matter. Ah... land use tables were brought up, something that I believe everyone should have been sent that and that if you are a paying.... tax paying citizen to the City of Kenai you should receive that particular information but it's up to us to go and get it. I don't even know what is all is on that land use table. Ah... I wish I did and maybe I could be more clearly about what I feel about this if I knew that. Um... another area that...in this that I just got... I work every day so I don't get a chance to... to pick this up. I don't have a computer so I didn't pick this information up until just a few minutes ago. I have to disagree with the review criteria where it says the value of joining properties. These are neighborhoods, you're talking of whole zones. If you're going to do it that way, zone each lot, don't do it in whole areas because there's a lot more people that are affected than just the adjoining neighborhoods. In particular, I'm referring to the gravel pits located down on Beaver Loop because all the adjoining properties are all gravel pit operators. That's not really the neighborhood, that's the people that are trying to do business out of that neighborhood. I feel that the citizens, when it's zoned rural residential, should be able to comment on that, not just the adjoining land owners. Your making it to where if a person is located between his property....his property is located between two others that are doing the same type of operation, there's going to be no objection. That's not fair in a....in a area that's zoned as it is. It should be in compliance to everyone that's in that whole zone area, that's who should be able to make a comment about that and if it's gonna affect the neighborhood it's also going to affect their property values. So....it....that to me is very restrictive of who.... who is capable of even saying in what you're going to review. Um... again as I say, I believe that this oughta be tabled and for further review um...before the commis.... the Council here even makes a vote on this. Planning & Zoning Commission September 9, 1998 Page 6 Bryson: Thank you Sir. Compton: Thank you. Bryson: Any questions? Thank you. Goecke: Mr. Chairman? Bryson: Yes, Mr. Goecke? Goecke: Um...isn't the notification given ah...two times prior to the meeting. Kebschull: That's correct, it was published in the paper on Wednesday and again on Friday and the agenda was in the paper on Sunday. It is also on the Internet home page. In addition, it's posted in three public places and it was posted at least, more than two weeks ago. Bryson: Thank you. Ah... other persons who would like to make comment? Mark Schrag, 312 Princess, Kenai, Alaska. Mark Schrag I live at 312 Princess and I just feel like you guys are going in the abso...the wrong direction here. We are not...the public...the hearings I've been at before, we're asking for more restrictions not....not to make it easier um... and I guess I just.... I don't understand your view of development, you know that....it always seems like everything that they want to do development, developer comes in and they get their way. History you know... our own recent history is littered with examples of that. I...just today I was coming in from out north and come by that um... where that guy set up that um.... that sawmill. Came in a couple years ago, big plans... on what... he's going to have 150 jobs or something like that, he's going to have all these plans. Looks empty to me right now, you know but something like that comes in and you're willing to sell em' the farm it seems like and it's just.... and you end having to clean that up later if it doesn't work out. I just think need to take a little...better approach you know. Not against development, but some more responsible development, not just somebody coming in and offering something and then and then you give it to em'. (Sigh) Now I guess that all, I just.... I'm very much against this going forward right now, I just... to me maybe I'm overreacting but it seems like you're declaring war on the.... on the citizens of this... of this city...again... Thank you. Bryson: Thank you. Any questions for Mr. Schwab... Schrag? Anyone else who would like to make comment? Last call? Colleen Ward, ?08 Magic Avenue, Kenai, Alaska - My name is Colleen Ward. I Live at 708 Magic Avenue and I just have a few comments for Planning 8v Zoning Commission September 9, 1998 Page 7 this evening. Um... I do agree with and understand that there is a need to do some modifying in our municipal code and as far as that goes, probably our comprehensive plan and our land use table. However, I do disagree with the approach that we seem to be heading towards tonight, -- an approach that seems somewhat piece-meal and somewhat stop- gap. Um... we believe that this proposal is doing more than just meeting a legal requirement to make it compatible with the land use table. We believe that changing the conditional land use permit is a fundamental difference in the way the city does business and that's why it is such great concern to us and that is why, as Mark was expressing, and as Nolan before him, our frustration is quite high when we look around this room and realize how few people are here and are aware of this particular um... change that we're considering. We bel.... I believe that we passed the land use table and we did have public hearings and the process was in place for people to be involved. Unfortunately a lot of people are busy with their lives and they don't follow city politics that close and a land use table that was passed. Unfortunately it was passed before it was... the compatibility with the development requirements, with the municipal code and the comprehensive plan were considered. All of which are legal documents that the City is bound to ah... consider in the decisions they make at meetings such as this. We can go back and we can change the municipal code to avoid the legality and the legal discrepancy between the municipal ah... code and the land use table, we still have a legal discrepancy between the municipal code and the comprehensive plan, however, if we do that. Where does it stop? Where do we stop putting aband-aid on this problem that seems to be festering in our community as has been evidenced by the increasing number of variances that have been applied for and the increasing number of appeals that have moved from this chamber and this commission to the Council. We do.... I do...um understand that what you're trying to do here tonight or what you're proposing to do is something that needs to be looked at very closely and I support in doing that, however, I suggest that this is not the place and this is not the time. This issue is not going to go away, it does need to be dealt with and I would suggest that it be dealt with in a much more responsible, comprehensive, and highly participative manner versus what we're doing here tonight and encourage you to take the steps necessary to make that happen. I thank you for your time and for your willingness to make these hard decisions for our city. Bryson: Thank you. Are there any questions for... Ms. Ward? Other persons who would like to make comment? Glenn McCollum, 399 McCollum, Kenai, Alaska - My name is Glenn McCollum and I live at 399 McCollum Drive and I.... I'm ah... I'm just here tonight to kinda protect our neighborhood. I'm quite interested in the way you change the wording for granting conditional use permits. We know the use table was re-written a year or so ago now I'm opposed Planning 8~ Zoning Commission September 9, 1998 Page 8 to just turning the commission loose to change the wording to make it easier for the commission or the Council to grant conditional use permits. That's just under my need of protection that we do have with the present use permit wording. You are talking about our neighborhood where we constantly had to defend our position and I'm not for this change right now. I thank you. Bryson: Thank you Sir. Any questions for Mr. McCollum? Anyone else who would like to make comment? Robert Glonek, 4005 Forget-me-not, Kenai, Alaska. I think conditional use permits are good and are bad, I think they have to be justified... Bryson: Could...could you please state your name...and ah... there's a list there to sign it..okay. Glonek: I think they have to be justified and they have to be thought through... Bryson: Sir, could you state... state your name for the record please. Glonek: My name is Robert Glonek. Bryson: Thank you. Glonek: Sorry, um... back to the conditional use permits... um... I can agree with the sawmill that has a bunch of stuff laying around and they were going to hire a lot of people and now nothing's going and it... it looks tacky. Um.. there's other aspects to the phase of conditional use permits as far as may just, in my example, building a garage and storing my box van and my materials in there, um... and that's the only reason that's the only reason that it's going to be there. Ah... that's was just my only comment that I wanted to say on conditional use permits is there is a lot of variables in between and that's why you guys are here is to... siphon out those variables. Thank you. Bryson: Thank you. Any questions? Anyone else who'd like to s... comment? Last call again. Okay, hearing no further requests, bring it back to the Commission. Verbatim Ends Graveley asked staff if the proposed conditional permit is what the City of Seward is using at the present time. Kebschull answered, the City Attorney has taken a majority of the information from Seward but not verbatim. Graveley stated, not for the change of wording but he liked Planning & Zoning Commission September 9, 1998 Page 9 how the layout of the proposed procedure. Graveley continued, it would be nice if the entire Title 14 format could be changed, not the wording but the format to make it easier to read. Mahurin stated conditional use permits and variances have been a major concern of hers since she's been on Planning and Zoning. Mahurin further stated she usually votes a lot differently than other Commissioners. Mahurin continued, it is unfortunate that politics enter into planning and zoning but it is a reality being faced with. Mahurin believes there is a place for conditional use permits and she believes the Commission has approved some very valid ones with the intent that it did not harm the neighborhood, it was good for the City of Kenai, and it was good for the residents within the City. Mahurin also agreed the Commission has denied some and have been overruled, therefore, she wonders why have a planning and zoning at all. Mahurin stated the same can be said for variances and that's becoming more and more as what is shown on the agenda for this meeting. Mahurin agreed with Graveley, the proposal is certainly easier to read, however, she is concerned about some of the points the audience made and one is under the review criteria where it says the value of the adjoining property would not be significantly impaired. Mahurin continued, we are talking about entire neighborhoods and not just two pieces of property on either side of the person requesting the conditional use permit. Mahurin stated, item 3, the proposed uses in harmony with the comprehensive plan is a change from the current code as far as the intent of the zone. Mahurin also stated, for those who may have had problems with the process of the new land use table would also have problems with a change in the code to comply with some of that. Mahurin reported she would be voting against the proposed change for many of the reasons stated. Goecke stated at this point in time there is a criteria to go by and a lot of it may be conjecture on the part of the commission but a conditional use is available to the public if they want to do something in a neighborhood. Goecke believes staff and the City Attorney have attempted to make the procedure easier for the Commission to understand. Goecke continued, until such time as the voters and/or the City Council elect to completely do away with a conditional use permit, the procedure is something that should be viewed as helpful. Goecke will vote in favor of the resolution. Schrag asked if comment could be made from the audience. Bryson informed him the public hearing had been closed. Werner-Quade indicated she would like to see under B.1, ii from the current code retained in the new version, this being such uses must be in harmony with the intent of the zone and that can accompany D.3, the proposed use is in harmony with the comprehensive plan. Werner- Planning & Zoning Commission September 9, 1998 Page 10 Quade continued, she would like to see the wording changed in D-2 to read "the property values in the neighborhood will not be significantly impaired." Nord stated with regard to item D-2 in the proposed conditional use permit, she was uncomfortable with the Planning and Zoning Commission or the City Council trying to determine the value of properties and whether they would be significantly impaired. As a result Nord will vote against the item. Graveley asked if the item were to fail in a vote would it be revisited in the future as he hated to see all the hard work done for nothing. Bryson thought it would go to Council with a do not pass recommendation. Kebschull reported, if it failed with Planning and Zoning it would go no further. Graveley stated he did not want to see it lose as the issue needs some work. Smalley suggested the item be tabled or continued to the next meeting and re-advertise. MAHURIN MOVED TO CONTINUE P298-40 TO THE NEXT PLANNING AND ZONING MEETING. Motion failed due to lack of Second. Bryson referenced an item brought up which concerned using the phrasing that a use is consistent with the purpose of this chapter and the purposes of the zoning district. Bryson stated, he found that statement the same as the statement that such uses must be similar to principal uses permitted in the zone. Bryson continued, ultimately it's the planning document that determines the appropriateness of certain uses, particularly in a changing situation if that's to be the case. Bryson pointed out he was not talking about a specific neighborhood. Bryson also commented on establishing the value of adjoining properties. As it has always been the case, the value of adjoining property is best evaluated by expert testimony and that's what carries the most weight in legal proceedings and not an individual stating that he has been damaged or not damaged. GRAVELEY MOVED TO TABLE PZ98-40 FOR FURTHER REVIEW. Bryson suggested a continuation of the item or a postponement of action rather than tabling the item. Graveley stated what he is trying to do is incorporate the recommended changes in wording. Kebschull stated a motion would be required to request the wording be changed and that would bring it back to another public hearing. Mahurin stated she felt strongly about the issue and if it is postponed and not continued, the next planning and zoning meeting will be her last Planning 8~ Zoning Commission September 9, 1998 Page 11 so she felt strongly the public hearing should be continued to the next _ ~~ meeting. Mahurin also thought motions could be made to ask staff to come back with language or change the language after the next public hearing. MAHURIN MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT PLANNING AND ZONING MEETING FOR PZ98-40 AND FOR THE CITY TO RE-ADVERTISE NOTICE OF THE HEARING. MOTION SECONDED BY WERNER-QUADE. Goecke stated he felt as strongly about the issue as Mahurin does and she's making her pitch for doing it at the next meeting before she leaves. Goecke pointed out he stated at the last meeting he would not be at the next meeting because of his daughter's wedding but he would like to be here as much as Mahurin would like to be. With that in mind, Goecke suggested the issue be given more than two weeks. Goecke indicated he would be in favor of 30 days' since it has stirred a small hornet nest of controversy. Bryson reminded input needs to go through a public comment in an open forum rather than modifications being made to staff. VOTE (For Continuance) GOECKE No NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-QUADE Yes BRYSON No GLICK Absent 4 Yes Votes, 2 No. Motion passes. Mahurin informed Goecke she didn't remember he was not going to be at the next meeting and asked he know this is in no way has any impact on the fact they view the issue differently. Bryson noted Glick may not attend the next meeting also. b. PZ98-41 -- An application for an Encroachment Permit for front yard setbacks for the property described as Lot ?, Block 1, Evergreen Subdivision, 401 Evergreen, Kenai, Alaska. Application submitted by Jerry S. Stock, 1614 Fourth Avenue, Kenai, Alaska. Kebschull stated there was nothing additional to the information provided in the packet. Kebschull noted the Building Official stated the structure actually sits 58' back from the street surface. A copy of the picture as provided gives an idea of how far back the structure sits. Kebschull indicated the applicant was present should there by any questions. Planning & Zoning Commission September 9, 1998 Page 12 GRAVELEY MOVED TO APPROVE P298-41. GOECKE SECONDED THE MOTION. Jerry Stock, 1614 Fourth Avenue, Kenai, Alaska. Stock stated he is with New Castle Builders and he made the mistake. Stock continued, he purchased four lots from the City of Kenai and did not know Evergreen Street was built 20' off the centerline. Stock stated he pulled 60' from the edge of the street. He added, he was familiar with City lots for the past four years and all his stakes were out on the edges of City streets except this one. Stock added this was a total shock to him. Stock reiterated he pulled off 60' from the edge of the street and knowing he had a 25' setback was his reasoning. No further public comment. No discussion. VOTE NORD Yes GRAVELEY Yes GOECKE Yes GLICK Absent MAHURIN Yes WERNER-QUADE Yes BRYSON Yes Motion passed unanimously. c. P298-42 -- An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 19?6, Kenai, Alaska. Kebschull stated she had nothing additional to what was included in the packet but pointed out the application did not fit the guidelines for a variance. This was discussed with the applicant and he did modify his original application. The applicant was present should there be any questions for him. Public hearing open. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip reported he owns the property next door to the applicant, the address is 4015 Forget-Me-Not Lane. Waltrip continued, the stipulated side-yard setback is 5' which he feels is too close. Waltrip would hate to see something built on a permanent basis that is in closer to that primarily because of the lack of room for maintenance and the lack of slope away from his building. Waltrip added, he thought snow melt or rain water would run on to his property. Waltrip reported he submitted a letter voicing his concerns and hoped the Commission had time to read it. Planning & Zoning Commission September 9, 1998 Page 13 Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson reported she lives less than 300' from where the activity will take place and was in support of Waltrip's comments. She added, she too feels it would be awfully congested to build a 20' x 30' garage right next to the very small lots. Thompson stated a plat of Thompson Subdivision would show some of the lots only to be about 80' wide and that should be a consideration. Thompson stated it may be easy for a Commission to sit and listen to people but unless they live in the situation what would they do or say. Thompson was concerned about squeezing something in a very small lot and would be awfully congested quarters for that type of construction on the lot. Robert Glonek, 4005 Forget-Me-Not Road, Kenai, Alaska. Glonek stated his main concern with the garage is he owns a box van for work and that and his materials can't freeze. Glonek continued, he just purchased a $5,000 spray rig that weighs 500 pounds and will sit in the back of the box van. The rig cannot sit outside. It has to be in a garage. Glonek stated his thoughts on the garage would be to have one-foot eaves on each side. There is a four foot fence to the property line which would still keep all the snow and runoff off the neighbors' property. Glonek reported the box van is 9-1 / 2 foot and it would take three feet on each side to open the doors. If the garage is downsized to 16 feet, he would be just barely able to squeak the van in. Glonek stated he would also have to store his materials in the garage and with 16 feet that wouldn't be possible. Glonek agreed the lots are small. He only has a quarter acre and he's worked hard to figure out a different spot to build the garage so that he wouldn't have to apply for the permit. Glonek thought he could downsize another foot or two and go 18' but he would like to have three feet to the property line which means he would have a two-foot encroachment. Glonek stated he would totally ensure no runoff and give access to walk around the garage, maintain the yard, etc. Bryson asked if the front of the house was on Front Street. Glonek answered that it was. Mahurin asked if there was a carport in the front of the house. Glonek replied, yes, there is a carport. Mahurin asked why that couldn't be converted to part of a garage and work it that way in order to meet the setbacks. Glonek replied, he tried that but the box van is ten feet tall and the carport is only 7-1 /2' high. The carport is 23 x 24 with a tarred roof and it's attached to the house. Glonek stated to convert it would be expensive and difficult to do. Graveley stated the drawing shows two feet between the side wall and the property line. Glonek thought that was correct and that's where his fence is situated. Planning & Zoning Commission September 9, 1998 Page 14 Bryson reminded everyone the issue was PZ98-41, which is a variance for a side yard set back. Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he looked the issue over fairly well and sees what Glonek wants to do. Wagoner continued, he owns 3-1 / 2 lots in Thompson Park and the reason is when he first built there that the lots were very minimal sized. Wagoner stated he is not in favor of allowing the variance for conditional use but does sympathize with what Glonek wants to do. Wagoner stated he didn't have a problem with the type of business and the fact that it's run out of the home. However, when this much development is done on a small lot it becomes crowded and cluttered. Wagoner would like to be a good neighbor but the point is he purchased his lot in the City of Kenai because it had planning and zoning which afforded him some protection. Wagoner wanted to go on record as being against the conditional use permit. He added, in fact he's against any conditional use permits in these cases. Wagoner continued, he feels this is something the City needs to revisit and take a look at because it can be abused too much. Bryson noted the item is a variance request and the conditional use permit is covered under another item on the agenda. Wagoner stated his testimony can also go under the other one as well. GOECKE MOVED TO APPROVE PZ98-41. MOTION SECONDED BY NORD. Goecke reported he looked at the property and thought 20' garage was going to work in the small lot. Goecke stated he will be voting against the item. Graveley stated he would also be voting no on the item and pointed out by looking at 14.20.180 in Variance Permits, Item C(1), conditions and circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands and structures, the same land or use zoning districts. Graveley thought it was too tight in the lot for this. Graveley continued, Item 2, special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a hardship or inconvenience. Graveley stated the applicant would probably be getting himself into a hardship area. Graveley continued, Item 4, the granting of the variance shall be a minimum variance (Graveley indicated this is the one he's going to rely on) that provides reasonable use for land and land structure. Graveley thought this was beyond what he considers a minimum variance. Planning & Zoning Commission September 9, 1998 Page 15 VOTE MAHURIN No WERNER-QUADE No NORD No GLICK No GRAVELEY No GOECKE No BRYSON No Motion failed unanimously. Recess at 8:24 p.m. Meeting resumed at 8:30 p.m. Kebschull explained the City's appeal procedure required the applicant to provide the appeal in writing to the City Clerk within 30 days of the decision. The City Clerk will then schedule an appeal hearing within 30 days. d. PZ98-43 -- An application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 28, Block 1, Angler Acres Part 2, 1425 Angler Drive, Kenai, Alaska. Application submitted by Gary L. Rolf, 46-082 Puulena Street # 1222, Kaneohe, HI 96744. MAHURIN MOVED TO APPROVE PZ98-43. Kebschull stated there was nothing additional to the information in the packet, however, attention was drawn to the handout given prior to the meeting where the applicant authorized Steve or Donna Riddle to speak on his behalf. Kebschull continued, the applicant is also asking that the application be amended to add guiding to the permit. The applicant provided copies of letters from people in the area who state they have no objection to the amendment and waiving the public hearing notice. Kebschull stated she discussed this with the City Attorney and he recommended that should the Commission decide to amend the permit application, the issue be continued to the next meeting in order to allow for public notice for those individuals who might want to respond. GOECKE MOVED TO APPROVE PZ98-43. MOTION SECONDED BY MAHURIN. Donna Riddle, 1535 Angler Drive, Kenai, Alaska -Riddle stated her property adjoins the applicants and the entire street does guide activities, lodging, and rentals. There will be no inconsistency to the amendment. Riddle reported Gary Rolf is in the Air Force and is stationed in Hawaii. Rolf was getting married one week after he filed and is now on his honeymoon. Riddle continued, Rolf meant to have his application read like all the other conditional permits on the block and Planning & Zoning Commission September 9, 1998 Page 16 that's what the individually signed letters state. Riddle reiterated the application needed to be amended to include both lodging and guide activities. Mahurin asked for clarification that Riddle had permission to speak for the applicant who wishes to amend the original application to include guiding as well as cabin rentals. Bryson confirmed that was correct. Goecke asked for clarification on whether or not the applicant would rent more than one cabin. Riddle confirmed the applicant had only one cabin. Goecke noted for the record the application asked for one cabin rental. Kebschull noted the applicant had mentioned on the application future plans will include three additional cabins. Kebschull explained to Rolf a variance for principle structures would be required and what the process involved. The applicant is aware the application is for one cabin and if in the future he decides to expand, he would have to come back for an additional conditional use for additional structures. MAHURIN MOVED TO AMEND THE PZ98-43 TO READ CONDITIONAL USE PERMIT FOR A CABIN RENTAL AND GUIDING OPERATION AND THIS APPROVAL BE CONTINGENT UPON PROOF OF AN APPROVED SEPTIC SYSTEM, EITHER DEC APPROVAL OR BY AN ENGINEER. MOTION SECONDED BY GRAVELEY. VOTE (Amended Motion) GRAVELEY Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes BRYSON Yes GLICK Absent Motion passed unanimously. Mahurin asked for a point of clarification, since the original application was advertised for cabin rental only the legal staff recommends re- advertising since guiding activities are included. Kebschull confirmed that was correct; the item should be continued to allow for proper public notification. Mahurin asked if it is approved, would the Commission be leaving itself open to some legal action by property owners. Kebschull replied, that is the assumption. Goecke stated since there are enough signatures from the neighborhood property owners, the City didn't have to worry about legal action. Goecke thought the item should be approved. Nord recommended the item be continued to the next meeting since she didn't know what is involved with the guiding service such as number of guides, boats, etc. Planning & Zoning Commission September 9, 1998 Page 17 NORD MOVED TO CONTINUE PZ98-43 TO THE NEXT MEETING FOR THE PURPOSE OF RE-ADVERTISING. Motion failed for lack of a Second. Mahurin asked for a brief recess as Councilman Smalley was seeking some parliamentary advice the Commission may want to heed. Kebschull noted the guiding operation will be limited to three boats. Smalley didn't think a motion to continue would go into effect with a motion on the floor and thought the item would have to be tabled. Smalley stated since it appeared the Commission was taking a different route, the concern was no longer there. MAHURIN MOVED TO AMEND THE AMENDED MOTION TO LIMIT THE GUIDING OPERATION TO THREE BOATS AS HAS BEEN DONE WITH OTHER PERMITS IN THE AREA. MOTION SECONDED BY GOECKE. VOTE (Amended to limit number of boats to three) WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Absent Motion passed unanimously. VOTE (Main Motion) GOECKE Yes MAHURIN Yes WERNER-QUADE Yes GLICK Absent NORD Yes GRAVELEY Yes BRYSON No Motion passed. e. PZ98-44 -- An application for a Conditional Use Permit for a drywall business for the property described as Lot 8, Block 6 Thompson Park Subdivision, 4005 Forget-Me-Not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. Kebschull explained the applicant proposed to operate a drywall business from the residence which will involve storing materials and a Planning & Zoning Commission September 9, 1998 Page 18 box van, phone usage, etc. Kebschull thought the applicant may want to comment since the variance for the garage failed. GOECKE MOVED TO APPROVE PZ98-44. MOTION SECONDED BY GRAVELEY. Public Hearing: Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he had no problem with anyone conducting business from their home but he does have concern with the conditional use permit stating materials. Waggoner wanted a better defmition of materials as he didn't want to see a warehouse for sheetrock, sheetrock mud, etc. Additionally he didn't want to see trucks coming in and out delivering supplies. Wagoner reiterated, as far as a man making a living and having his tools and vehicle there he didn't have a problem with it. Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson indicated she was against any construction business going into Thompson Park. Thompson stated when she bought her property, which she struggled to buy on a poor teacher's salary, she was told the area was residential and the lots along the Spur Highway were business. On that principle she purchased the lots. Thompson continued, years ago the standard size lot was 70' wide so she purchased the lots adjacent to hers in an effort to protect the property and for sanitary reasons. Thompson stated the old timers in that subdivision really struggled to get it to where it is today. In some ways it has been improved and others it has deteriorated and she would hate to see her property value go down. Larry Waltrip, 339 Porcupine Ct., Soldotna, Alaska. Waltrip stated he owned the property next to the applicant and had no objection to a person running a business out of their home as long as it's for telephone or bookkeeping purposes, etc.; however, equipment supply storage is a concern whether it's inside or out. Waltrip added, he was concerned that if the permit is approved that hour restrictions be imposed so that equipment isn't washed down after 5 or 6 p.m. Waltrip added, he was concerned about the storage of scaffolding and other types of equipment connected with a drywall business. Waltrip continued, he's concerned that if the property is sold, the conditional use for construction type company be conveyed to the new owner. Waltrip again reminded the Commission of the letter he had included in the meeting packet. Waltrip apologized to the applicant and stated he was sorry they had to go through this procedure. Robert Glonek, 4005 Forget-Me-No Road, Kenai, Alaska. Glonek stated he is the applicant applying for the conditional use permit. Glonek wanted to clarify what equipment he had which needed to be Planning & Zoning Commission September 9, 1998 Page 19 stored. This consists of two sets of scaffolding, a box van, and some ~ hand tools. With regard to materials, Glonek stated boxes of mud are approximately 1' x 1' and 20 to 30 of these would be stored at one time. Glonek stated he didn't like to store sheetrock as it's over 100 lbs. each so it's easier for him to pick it up from the store and take it straight to the job. Glonek stated in regard to washing his equipment, he would wash his private vehicles after 5 or 6 p.m. at night and his box van would probably be washed at the same time. Glonek indicated that he didn't foresee any wear and tear on their property. Bryson asked if all of the equipment would be stored in the garage. Glonek replied, that is correct. Bryson asked if there was more than one commercial vehicle. Glonek answered, no, there is only one. Graveley asked if there was an alternate plan since the variance request for the garage was denied. Glonek responded, at this point he did not know. He can go all the way to the house and still maintain the five feet. He can still build the garage but it would be more comfortable if he had a couple more feet. Graveley again asked if Glonek had an alternate plan. Glonek again replied that he did not. He added, he's a very small business and cannot afford to rent commercial property. Bryson asked if Glonek was storing material under the carport. Glonek replied that he was. For clarification, Mahurin asked if it was the intent of the applicant to still try to figure out how to build a garage since the variance was denied. This was to include storing all the material and the vehicle in the garage. Glonek replied, that was correct, even though he lost the five feet, he still has storage. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip stated there is a lot of vacant property in town and if Glonek builds a garage for the van which is oversized, and it takes 9' to 10' doors, he's going to have to build acommercial-sized garage on the lot. Waltrip is concerned about the garage being there forever and if it's a commercial looking garage, he's got a commercial operation in a residential area. Werner-Quade stated she may have a conflict of interest since she and her husband purchased rental property at 120 Fern Street in Thompson Park Subdivision. Bryson asked if there was any fiduciary connection to the Glonek project. Werner-Quade replied there was not. Bryson announced a conflict of interest does not exist. Mahurin stated this was tough because she personally supports young people opening a business. Mahurin stated she wouldn't have a problem with beginning a business and operating from a home by taking calls and maintaining records. At this point, however, Mahurin states she Planning & Zoning Commission September 9, 1998 Page 20 would have to vote no because there are too many unknowns. Mahurin continued, if she knew what the plans were for a garage then she could visualize better how it would impact the neighborhood. VOTE GOECKE No MAHURIN No WERNER-QUADE Yes GLICK Absent NORD No GRAVELEY No BRYSON Yes 4 No, 2 Yes -Motion failed. Kebschull again explained the appeal process to Robert Glonek. 5. NEW BUSINESS: a. Lot 2, Block 1, Etolin Subdivision, First Addition -- Discussion and Recommendation to City Council. Kebschull referenced the memo in the meeting packet regarding the property. The Planning and Zoning Commission would need to state the property was needed for public purposes then Council could designate the land for the new public health facility. Kebschull pointed out this is the property that sits behind Country Foods. GOECKE MOVED TO RECOMMEND THAT COUNCIL APPROVE THE ORDINANCE. MOTION SECONDED BY MAHURIN. Mahurin stated that a new public health center is needed and she has supported the State and City's efforts. Mahurin thought the location was appropriate and encouraged the Commission to vote yes on the item. VOTE NORD Yes GRAVELEY Yes GOECKE Yes GLICK Absent MAHURIN Yes WERNER-QUADE Yes BRYSON Yes Motion passed unanimously. b. KMC 14.20.145 -- Recreation Zone -- Discussion Kebschull reported, as result of previous discussions on Anglers Acres and the possibility of rezoning the area to a recreation zone, she discovered inconsistencies with the Land Use Table. Additionally, Planning 8v Zoning Commission September 9, 1998 Page 21 recommending a rezone would cause problems because the uses stated \~ in the zone still require conditional uses for those uses typically seen in the area, specifically guiding, bed and breakfasts, hunting lodges, etc. Kebschull continued, was it the intention of the Commission to suggest a zone such as this would not require a conditional use. Kebschull stated, if the Commission did not want to look at the zone for that area, clarification is needed on the inconsistencies between the Land Use Table and the Recreation Zone. Kebschull noted the attachment included in the packet had the questionable areas highlighted. Bryson added, on the highlighted sheet there was a statement concerning residential purposes that should be highlighted as well. This being the second sentence of the first paragraph, Section 14.20.145 (a). Bryson stated his concern is that recreation zones, although there are very few in the city, the areas where it would be appropriate there is a significant proportion of residential properties that are treated as single- family dwellings. Bryson felt to open all uses up to anon-conditional use situation has a potential of overwhelming the residences with little in the way to control them other than the broad brush of the recreation zone. Bryson did not feel that was adequate so would not be in favor of eliminating the conditional use process. Nord stated she felt the same way as there is too much happening in the City for it not to be looked at closely. Nord continued, there have been quite a few residents in residential neighborhoods that have some objections to conditional use permits so everything should remain the same. Werner-Quade asked if it was up to the Planning and Zoning Commission to change a zone or is it up to the people living in the area. Bryson replied, there are several ways of changing a zone which include Council can initiate such a zone, Planning and Zoning could request the change, or, and always the most comfortable way, is to have the residents petition for it. Mahurin stated she could never support a zone where conditional use review and application permits. Goecke stated what staff was attempting to do is to set criteria within the existing recreational zone as well as the Land Use Table and try to bring the two together. Goecke continued, at this point in time there is no way to have a recreation zone and know exactly what you were getting, regardless who instituted the application process. Graveley stated the issue will have to be faced and probably have work sessions in the future as there are obviously some conflicts with several of the Title 14 codes and the Land Use Table. This issue is being brought up more and more all the time.. If the issue isn't addressed the last sentence in the memorandum states, if the Commission doesn't want to change permitted uses in the zone, staff will proceed with an Planning & Zoning Commission September 9, 1998 Page 22 amendment to clear the inconsistencies between 14. f Use Table and the Development Requirements Table no action is taken then staff will have to handle it. 20.145, the Land . Graveley asked if Kebschull clarified the issue was delved into because Bryson asked at one time if the residents in Anglers Acres had considered a rezone. This was during another debate in that area. Kebschull continued, she wasn't sure why the question was asked because when she reviewed the recreation zone the uses requested would not affect them in any way and they would still have the conditional use permit process. After getting into the recreation zone, Kebschull stated she noticed the various inconsistencies. Kebschull stated because these inconsistencies are noticed, an amendment needs to come back for Commission review and to decide whether or not to schedule a public hearing to correct those items. Kebschull agreed the item is being handled piece-meal and perhaps the Commission would like to consider handling them as they come upon them or start at the beginning and schedule work sessions and see if Council is amenable to the Commission going through the code. Graveley stated that since the Commission needed direction from Council and staff in how this is handled, some effort is needed by all members. The issue needs to be ironed out. Graveley stated he has had problems in the past with the wording in Title 14 and recommended work sessions be scheduled to deal with this. After a lengthy discussion it was decided the Commission would go through Title 14 in its entirety and this would be dealt with in work sessions. Kebschull suggested the issue be brought up at the joint work session with Council on September 21. It was noted that a chore this large would take a lot of staff time. 5. OLD BUSINESS: -None 7. CODE ENFORCEMENT ITEMS: a. Sycamore Circle -- Status Update Bryson pointed out the report was included in the meeting packet. 8. REPORTS a. City Council Councilman Smalley reported a copy of the agenda from the September 2, 1998 meeting was included in the packet. Planning & Zoning Commission September 9, 1998 Page 23 } Smalley reported that the Board of Adjustment hearing took place and several individuals gave comment concerning the issue. The discussions varied from the desire to have no development at all to single family units only. Smalley reported the Board of Adjustment will have a decision within 30 days. Items C-1 through 5 were passed. The ARFF Grand Opening ceremony is scheduled for October 23, 1998. Item D-1, Council on Aging. Smalley stated that discussion took place on changing the residency requirement from one year to 30 days. Item D-4, Emily DeForest rendered her resignation which will be effective on December 31, 1998. Item H-6 was approved. Item H-7 was a change order for the steel posts to go into the ground protecting the fire hydrant from being ran into. Item H-8 terminated the lease with SouthCentral Air. SouthCentral Air is in arrears for landing fees and terminal rental fees but they are on a schedule. Item H-9 and 10 was approved. Item H-11 was referred to the Airport Commission for further review. A work session is scheduled for September 21 at 7:00 p.m. with the City Council, Historic District Board, and Planning and Zoning Commission. Goecke asked about item H-4 which appropriated $100,000 for an Airport Expansion and Development user Interest Survey. Smalley explained this is for a contract with Jim Carter who will do some research to determine the feasibility of expanding the existing runway or potentially an additional runway that will be designed to take heavier cargo plans. Anchorage will reach its maximum capacity within ten years and there may be some potential for the City of Kenai to handle the overflow. b. Borough Planning No report - no meeting held. c. Administration No report. 9. PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska referenced Goecke's statement regarding criteria to follow and it is one of the things that has upset him because it seems that the Commission hasn't followed any criteria. An example is the MAPS area hearing which was a very volatile issue. Two Planning 8v Zoning Commission September 9, 1998 Page 24 Commissioners were absent and the vote should have been delayed and that ~ wasn't followed. Schrag stated to his group that was a slap in the face. Schrag continued, even just tonight with the amended request, the criteria dictates that he reapply to allow for public comment again. Schrag states if that is the criteria then the Commission needs to follow it. Schrag stated he applauds the Commission's effort to try to iron out the problems with the conditional use issue and he hopes public input can be made along the way or else the Commission will not avoid the fire storm. Schrag hoped everyone could work together. Smalley advised Schrag all work sessions are open to the public. The notices are published in the newspapers. Smalley suggested more people get out on these issues. Schrag stated he understood and asked if the public could give input at the work sessions. It was noted it was up the Chairman and most work sessions are informal with no minutes taken. 10. INFORMATION ITEMS: a. KPB Resolution 98-30 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Mahurin stated while the work sessions are open to the public and minutes are not kept it's a good time to sit and observe and then go to a Council meeting or Planning and Zoning meeting where official minutes are kept. Mahurin asked for clarification on the work sessions coming up. It was noted there is one on September 21 with Council, Planning and Zoning and the Historic District Board. It was also noted Title 14 would also be discussed. Smalley stated there will be work session scheduled on September 30 at the Council Chambers at 7:00 p.m. to discuss capital projects. There will also be one in October after the election to discuss how to replace Board members on commissions and/or committees. Mahurin stated an easy way out of the Title 14 would be to have Council reverse their action to the Land Use Table the Commission recommended in the first place. Mahurin also stated she did have to say the Commission worked so hard on the original draft of the Land Use Table. Mahurin addressed Goecke and stated her Wednesday nights will never be the same since he wouldn't be at the next meeting. Mahurin stated when she is in town she will share her Wednesday evenings with the Planning and Zoning Commission. Planning 8s Zoning Commission September 9, 1998 Page 25 12. ADJOURNMENT: I GRAVELEY MOVED TO ADJOURN. MEETING ADJOURNED AT 9:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8s Zoning Commission September 9, 1998 Page 26 City of Kenai Memo ~, , To: Planning & Zoning Commission `i~ From: Marilyn Kebschull, Administrative Assistant Date: August 28, 1998 Re: KMC 14.20.150 -CONDITIONAL USE PERMITS StafF is recommending that the Kenai Municipal Code at 14.20.150 be amended as suggested on the attached draft. As you are aware, the current code states, "Such uses must be similar to principal uses in the zone." This statement, if interpreted literally, could limit uses in residential zones to residential uses. This interpretation is not consistent with the Conditional Uses noted in the Land Use Table. Administration believes that the suggested amendment would alleviate the inconsistency between the Land Use Table and KMC 14.20.150. • Page 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 98-40 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 14.20.150 BE AMENDED. WHEREAS, KMC 14.20.150 needs clarification to make it compatible with the Land Use Table; WHEREAS, KMC 14.20.150 does not conform with other sections of Title 14; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL THAT KMC 14.20.150 BE AMENDED AS PER THE ATTACHED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of September 1998. ~ Chairman A EST ~ ,, ~ ~~ ~~t~i.-C,~a.~-~ ~~ PROPOSED AMENDMENT 14.20.150 Conditional use permits. A. Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. B. Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: 1. name and address of the applicant; 2. verification by the owner of the property concerned if other than the applicant; 3. a legal description of the property involved; 4. a description of the proposed use; 5. dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and 6. the appropriate fee. C. Public Hearin. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. D. Review Criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 1. the use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. the value of the adjoining property and neighborhood will not be significantly impaired; the proposed use is in harmony with the Comprehensive Plan; 3. public services and facilities are adequate to serve the proposed use; 4. the proposed use will not be harmful to the public safety, health or welfare; 5. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. E. Modification of final approval. 1. An approved conditional use permit may, upon application by the permittee, ~ be modified by the Planning & Zoning Commission; a. when changed conditions cause the conditional use to no longer conform to the standards for its approval; b. to implement a different development plan conforming to the standards for its approval. c. The modification application shall be subject to a public hearing and a filing fee. F. Expiration -Extensions -Transferability. 1. An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. 2. The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. 3. A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. 4. A conditional use permit is not transferable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. i PROPOSED AMENDMENT 14.20.150 Conditional use permits. A. Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. B. Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: 1. name and address of the applicant; 2. verification by the owner of the property concerned if other than the applicant; 3. a legal description of the property involved; 4. a description of the proposed use; 5. dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and 6. the appropriate fee. C. Public Hearin. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. D. Review Criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 1. the use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. the value of the adjoining property will not be significantly impaired;the proposed use is in harmony with the Comprehensive Plan; 3. public services and facilities are adequate to serve the proposed use; 4. the proposed use will not be harmful to the public safety, health or welfare; 5. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. E. Modification of final approval. 1. An approved conditional use permit may, upon application by the permittee, be modified by the Planning & Zoning Commission; a. when changed conditions cause the conditional use to no longer conform to the standards for its approval; b. to implement a different development plan conforming to the standards for its approval. c. The modification application shall be subject to a public hearing and a filing fee. F. Expiration -Extensions - TransferabilitX. 1. An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. 2. The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. 3. A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. 4. A conditional use permit is not transferable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. CURRENT 14.20.150 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (Ord. 1504-92) (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties; [ii] Asight-obscuring fence or uncleared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights-of- way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chapter are followed. The usual procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) Anon-refundable deposit/advertising fee of $100.00. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from S64-07/16/93 Title 14 - 1 CITY OF KENAI the date of approval if the non-conforming 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 has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987, 1460) (d) Revocation: (1) The Planning & Zoning Commission, after public notification and hearing, may revoke a conditional use permit if it finds the permit holder has violated a provision of the Kenai Municipal Code, including but not limited to the provisions in Title 7. A decision by the Commission on revocation may be appealed to the Board of Adjustment pursuant to KMC 14.20.290. (Ord. 1549- 93) (2) A person whose conditional use permit is revoked under this section may reapply for a permit under KMC 14.20. The Planning & Zoning Commission or Board of Adjustment may consider the prior revocation when determining whether to grant the new conditional use permit. (Ord. 1549-93) 564-07/16/93 Title 14 - 2 CITY OF KENAI ITY F ~ ~ C 0 KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'III~1 t992 August 25, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of September 23, 1998: PZ98-45 (PZ88-17)--An application to amend Conditional Use Permit PZ88- 17 to include guiding for the property described as Lots 4 and 5, Angler Acres Part 3, 1035 & 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. 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 September 23rd. 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: August 26, 1998 Prepared By: JL/mk Res: PZ98-45(PZ88-17) GENERAL INFORMATION Applicant: James H. Cowan 29243 Pacific Coast Highway Malibu, CA 90265 Requested Action: Legal Description: Street Address: Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Amend Conditional Use Permit to Include Guiding Lots 4 & 5, Angler Acres Part 3 1035 & 1045 Angler Drive 04939036 & 04939035 RR--Rural Residential Residential/Recreation Low Density Residential General Information: Mr. Cowan was issued Conditional Use Permit PZ88-17 for "Conducting the business of rental of efficiency units by the day, week, or month; arranging for sightseeing, hunting, and fishing trips on the Kenai River and greater Kenai area." A complaint was received from Jim Richardson dated August 5, 1998. In this complaint, Mr. Richardson identifies several points that he believes are in violation of the original permitting. (A copy of that complaint is attached.) After reviewing of the complaint, it is staff's opinion that the permit is only out of compliance by operating a guide service from the premises. This information was provided to Mr. Cowan, Mr. Colligan (lessee), and Mr. Richardson (complainant). Mr. Cowan is now applying to amend his Conditional Use Permit to include a guide service. KMC 14.20.158 (b) specifies requirements for amending a permit. This reads as follows: 14.20.158 Amendment or Transfer: (a) No conditional use permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements PZ98-45 Comments Page 2 contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. (b) A permit holder may amend his site plan and statements by filing an application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. Guiding has traditionally been included with the other Conditional Use Permits in the Anglers Drive area. During the past several years, the Commission has placed a limit on the number of boats being allowed to operate from properties to three. The complaint also questions the number of units being rented at this site and noting a brochure that states there are five units available. Mr. Colligan has explained that two of these five units are the cabins located on Dogwood Lane. Mr. Richardson also noted traffic concerns. Due to the location of Mr. Cowan's lots, at the beginning of Anglers Drive, it is likely that a great deal of traffic is caused by individuals traveling to locations further down Angler Drive. This cannot be verified and the information is provided only as a possible cause. Mr. Richardson's concerns over water and sewer operations in this area is noted. In this particular situation, Mr. Colligan has advised that the triplex has a 2000- gallon holding tank that is pumped. The City of Kenai has not required inspections of these systems and defers authority to the Department of Environmental Conservation. City Engineer: Concur with general information. Building Official: Not available to comment. RECOMMENDATIONS It would appear that Mr. Cowan's request to amend Conditional Use Permit PZ88- 17 to include guiding would fit the requirements of KMC 14.20.158 Ib). The PZ98-45 Comments Page 3 Commission may consider limiting the number of guide boats to three as has been required on other permits. It should be noted that this permit includes two parcels and two docks. Recommend approval with limitation of three guide boats per dock for a total of six boats. ATTACHMENTS: 1. Resolution No. PZ98-45 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-45 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: JAMES H. COWAN USE AMEND PZ88-17 TO INCLUDE GUIDING LOCATED LOTS 4&5, ANGLER ACRES PART 3, 1035 & 1045 Angler Drive WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: August 24, 1998 2. This request is on land zoned: RR--Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a• Limited to three (3) guide boats. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: September 23, 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 GUIDING SERVICE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 23 , 1998. CHA~IRPE~SON A CITY OF KENAI CONDITIONAL USE PERMIT NAME "~ -/ J A~ ~ J ~/~,v PHONE ~lC~ ZS' C~ MAILING ADDRESS ~ . ' / ~} v~ yZ~L~ ~i~C/~'/G ~~~ ~`fK! /~~~~~/, C~ ADDRESS /O.3 ,,S',F`/'O S(S' 1 ~jZ 2 • LEGAL DESCRIPTION ~N /~ .~~0~' ~ S ~ L~2 ~/z~ ZONING i C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT I . 1 ll I /'. .-. ~ .~ 1 r ~aT."T _ v'-f'"7 ~"1 v~ W t..o ~ ~ - V'-1'1 ~~C~J 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 describe,,: .4~i~iElvr~ ~ 4 ~ / o /~c'~uo~~'ui.~~•~/~ 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: ~i~yT C~oU~ ~v ~./~~ Applicant Signature: "'`' Date: ~ L- ~~ Approved at P& Z Meeting : "~ % ~~~ a~ ~~~r~ -~~ , ~ ~~~ Appr ved: Chair erson Attest• -~, ;; , e ~~ _-. U u K Y 4 .- a ~ ` o //-~ a d° c c i I ~ ~ c E m ! _ W C w y T 7 ! Z O m a i p U 30-r °ca ~ ! v c ~ o li « a c o. I ° O a o 'J ' . .U ~ w T W« y y ~. p 1 ca a e°a 3 IUrf 3 V„ T O w 0 0 = I O) F` O C O a~ I m N ~ ~ 3 a rn c i o W t ~ t O W N ` O m N p8p 8 S f UU A °n n v n i ~8 o` ~ t N Z t N ~ N 0 u u 0 a z a ~ E ~ i i h _ . e~ I ~ j o •• t U' ~ I I C I p ovi Jai I i I 1Y l « r= __ ~~ ~ w ~ 1 w u p., _ j I~ " O a. I o I 1 0~ a s y O • p K I f 0 Y o I I ow ~~ to Io . C I c 1 ~ p i ~} q a i r~y I . 1 '~y..o i I ~ a i i~• > E ~So ~ CI Ij ' ~ '~. ! E a. E i ' n, ; ~ t < ~ ''O <~ w a f-. w I O j ! 1 ; o U a t l p ~, e ~~ C 4 ~ 7 h I v. ._ . 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MfN I-JI~N r a. ~ ~1'~+ - :''~ IPat» r 6 7 JT.~ y ItIN.~.Ir ~'M~~-- I. ~fM . 1 a Q :.; YI 11 t ~~ ~ eJ I ~ .o ow a ./' '~ I 1 r! ~/ ~~ ~ '1 ( ~ 1 ~ N I / 1 ~ 1 I` 1 ~ 1 ( ~ ~'~ 11 1 ~ 1~ I~ w a ~F. .~ 1; I I ~ 1~ o ip 7 • r ~~w~ail ~ >Z i~ 1 ~ ;1~e w ;~ '~ r r 1 p k 1 = «i • f a h r rl w s M x f ? ~ "~ ~ w ~ '~ ~ f 4 s i ~ ~ 11 . r 1 ~~ a ~+"T )~ ~ i '~ ~ 1~ S s s I r -1 B 1 1 ~ 1 ' t at .0-~. I~I~JO 4J4sow • Jo. ~ [ ~ i °4 ~o~ ~:y ~ ~ • ~ ~~ ~ st ~~ +. f e.~o g ~ ~ i=~ r t a k8N~it 3- 0~~`~~ itj~it w ~ e~g,g~ .e+`` , ~ ~~ ,~ its=€~ ~~x! ~ ij o~~ -~ ~ ~ j s:3 ~ ~ w y ~ ~I ~r - • ~r•« ~ : !t ~N August 5, 1998 ~'Fc \r City of Kenai ~ ~ p' Planning Department p~~N,n, p 210 Fidalgo Avenue, Suite 200 ~~c ~KF Kenai, Alaska 99611-7794 ~FPggT MFNT Re: request for a compliance review of the 1998 conditional use permit for the Beaver Creek Lodge Atteatian: Jack La Shot Dear lvlr. La Shot: I would like to request the City of Kenai complete a compliance review of the conditional use permit issued to the Beaver Creek Lodge, located on lots 4 aad 5, Anglers Acres oa Angler Drive. The owner of the property received a conditional use permit on November 8, 1988. Their operation appears to violate their permit in a number of areas, as well as to possibly violate State water and sewer standards. The operator of the Beaver Creek Lodge recently applied for a conditional use permit for a remal house across Angler Drive from the Beaver Creek Lodge without disclosing his association that business. The new permit application should not be considered separately from the existing conditional use permit for the Beaver Creek Lodge. Specifically, the Beaver Creek Lodge permit stipulates renting units for overnight accommodation in the triplex located (one of two buildings on their two lots). According to the permit from the City of Kenai, "the only business being wnducted on the premises is a) the renting of rooms within the tri-plex with no food services involved, b) the boolang of guide services for various types of activities, and c) the use of the dock by agencies other than the ownets". In their discussion of the permit application in 1998, the Planning and Zoning Commission specifically address item (c) above. The applicant's representative at the meeting, Mr_ Garnett stated clearly "There's no intent to have a resident guide there, so if you want to make that a condition of the permit that there be no resident guide that's fine" (page five of the Planning and Zoning Commission minutes). A review of the public brochure supplied by the Beaver Creek lodge (copy attached) clearly. shows the focus on guided fishing. The title of the brochure identified Capt. Bligh's Beaver Creek Lodge and Guide Service. There are typically three Kenai guide boats registered to Clint Coligan tied to the dock, along with two additional guides that utilize the property to operate guide businesses. This is clearly in violation to the existing conditional use permit. 0 City of %nai Planning Department compliance request page two The brochure also identifies five rental units on the cover, whereas their conditional use permit stipulates the use of the three apartments in the tri-plea. Other concerns of the neighbors include the traffic and parking disturbances of visitors to the Beaver Creek Lodge. In the Planning and Zoning Commission discussion of the 1998 permit,'a question was asked ofthe applicam about the "n/a" response under parking on their application. Mr. Gannett's response was that "there is no traffic flow as far as the property is concerned. There is a driveway irno the buildings but they can't go anywhere else. The only traffic is the owners going to and from the airport" (Planning aad Zoni.ag Commission minutes, page 4). The operation of Beaver Creek Lodge has, to the contrary, create a great deal of traffic from visitors coming and going as well as the traffic associated with five guides operating out of the premises. In additio~q, the operation of the Beaver Creek appears to violate water and sewer operations for a commercial facility serving the number of visitors and operators/employees of the business. The City of Kenai could resolve this uncertainty by requesting an on site review by the Alaska Department of Environmental Conservation. Please let me know if I can provide further information to assist your compliance review. Sincerely, run Riclaardsot! 1015 Angler Drive Kenai, Alaska 99611 and, 1543 East 26m Avenue Anchorage, Alaska 99508 2 ~~ i ~~ Fux Memorandum `~ /L, ~v2'LC~~J- /~ ~~ To: Marilyn Kechull of Jack LaShot ti~ o,~ City of Kenai, Planning Department ~F ~FZ From: Tim Richardson q9~.~i Re: letter for the Planning and Zoning Commission packet 2'Fy~ Date: 9/17/98 Please include the attached letter to the Plantung and Zoning Commission members for their mewing next week. Thank you. 4 ~ September 16, 1998 City of Kenai. Planning andZoning Commission 210 Fidalgo Avenue Kenai,: Alaska 99611-7794 Dear Commission Members: I reviewed the new application to amend the conditional use permit by James Ii Cowan and the August 2S staff report dealing with this application. I have the following comments on this application. Number of Guides .With the respect to the number of guides allowed to operate from the Beaver. Creek Lodge, I ask that the number of guides be limited to a maximum of three. This would be a sufficient number of guides to handle the number of visitors staying at .the lodge. Nir. Coligan stated in his testimony on August 12, 1998. before the Planning and Zoning Commission that he had a,maximum ofthree guides operating out of the property and that the second dock was for the private use of Mr. Cowan. If the Planning and Zoning Commission would .allow more than three guides, this would ~ exacerbate the problems. of noise disturbances to neighbors and. tratFic as well as burden the inadequate wastewater system of the. Beaver Creek Lodge... Problems with Wastewater Compliance The City of Kenai Planning Staff report on the proposed amendment to the conditional use permit recommends "The City ofKenai has not required inspections of these septic systems asa1 defers authority to the Department of F.rrvirorrmental Conservation". If the City of Kenai does not address known pollution concerns in their. permit review process,. these. concerns will not be addressed. The budget and. operations of the Alaska. Department of Environmental Conservation (ApEC) have been severely curtailed in recent years. They no longer complete reviews of subdivision plats or have the capability to address anything but large water pollution events that provide an immediate threat to the public health. Review of regulatory compliance such as this permit application are going to be the responsibility of local governments in the future if they aze to receive any .oversight. The Beaver Creek Lodge is not in compliance with ADF..D water and wastewater regulations. This is a particularly disagreeable situation because of the location of the .Beaver Creek Lodge, fronting on the Beaver.Creek~Keriai.River meander. Planning and Zoning Commssion Coirunents, page two 18 AAC 72.210 stipulates that a person must have written (ADED) department approval to construct, install, modify or operate any part of a domestic. wastewater treatment ..serving commercial interests aad uses larger than a single family or duplex residence. According to ADEC records, .the Beaver Creek. has Weyer complied with the ADEC requirements outlined. on the attached Table. E. This information can be corroborated by contacting Mr. David Johnson in the Soldotna ADEC office, phone 262-5210_ The only information on ADEC file for the Beaver Creek Lodge are the two attached pages that provide information on the weU on the property. Specifically, no engineering plans for the Beaver Creek Lodge wastewater system have ever been submitted to ADEC_ I~ as I believe is the case, the septic field has failed and the operator intends to close down the septic field and utilize a holding task, a plan review by ADEC is required by statute, to protect.. the interests of the pubic.. That plan review' has not been .completed for the. Beaver Creek Lodge. In the ;city of Kenai Planning staff report, they indicate that "Mr. Coligan has advised that the triplex has a 2,000 gallon holding tank that is pumped". ADEC has not approved the Beaver Creek Lodge wastewater system, regardless of whether you look at it as a failed .septic field or an unapproved holding tank Given the high level of use in the Beaver Creek Lodge, including the new users of the lodge that may use the .facility from the nea' rental unit approved by the Planning and Zoning Commission on August 12~, a 2,000 gallon tank is an extremely small capacity that may create wastewater overflows. In their 1995 review of a proposed amendment to Mr. Cowan's conditional use permit, the Planning and Zoning Board voted to attach a condition on the permit, should it be approved. Based on concerns over the waxer aad wastewater system of the Beaver Creek Lodge, 'the Commission's motion was to "make (the conditional use permit) conditional on the City of Kenai receiving assurance that waste and water systems conform to DEC requirements" (Planning and Zoning Commission minutes, July 26, 1995). Given': he known problems with the wastewater system and the fact that the applicant does not have ADEC approval for the system as required by Alaska stature, the Planning and Zoning Commission should require a similar condition. for the applicant's proposed new modification to his conditional use permit. Thank ,you for th~opportunity to comment on this proposed conditional use application .z -- im Richardson 1025 Angler Drive Kenai, ;;Alaska 99611 and 1543 East 26'~ Avenue Anchorage, Alaska 99508 09/L1/98 FRI 11.:47 F_~]C 19072622294 KEN~II OFFICE, ADEC i~D02 08-05-91 ADEC PQSLIC WATER SUPPLY PROG;tAM PAGE l PWS FACIhITY MAS'I'ElZ .LIST PACILITY INVENTORY PWSZD: 2i725i status: A classy C district: 4 fileno: system 113me: SE]-V$R CREBE LpDgg system phone: 90?-283.-7500 AKA names: addressee: CLINT.COLIGAN FAX: address: BOX 4300 SOLDOTNA AR 99669 region- e Certified op: own r type: 2 svc connections: 1 vulnerable: N residents: 5 regulator: 3 non-resident pop: 0 service t system startup: 06/01/82 . ca : pF deactivate date: .strategy: target : N survey date.:. ' 07/31/91 lab access: sui veyo=: Y rmt vil id: KARRIE ~iOEGLEIN .location: ON ANGLERS DR. Ogg BEAVER yOpp ~A= ;om~aents: WELL DRILLED DATE I3 APPROX. NON-RESIDENT POP. COULD $E AS MIICH AS 20 A DAIC DURING PEAK SEASON. AVG. IS 5 .associate names. . )WNER SAi~ AS ,ABOVE PRONE z SA1~ changedate: 07/31/91 09/11/98 FKI i1:47 FAT 19072622294 I{L1Y4I OFFICE 9DEC f~oOS _08-05-91 PWS SORRCE LISTING PAGE 2 PWSID: 2~925~' 88A~jL C7tEEE LODGE - .source.. ids. b03 PWSiD: 247a54 source id: 001 source name: record type: S' sOETRCB ..source type: G Groundwater, Non.-purchased location: ANGLERS DR. RENAL status: A fill 6 draw: N seasonal start: availabilityz P seasonal end: purchased: turbidity mete~~ contam group /freq contaminantnawe / freq ~*NO GROUPS:* ~*NO CONTAM NAMES** treatment objectives treatweAts - S SOFTENING (HARDNESS ------- REMOVAL) 460 ION EXCHANGE storage: well depth: avgprod: grout depth: maxprod: late drilled: 0+6/01/82 pump cap: intake type; casing. size: well yield: ~e depth: change .date.: 07/31/91 uyia,uCMt! ltlu su;un ~4.! 19072fi22294- KEN~I 0!`'FICF. ADEC I~007 18 AAC .72.015 ENVII~ONMENTAL CONSERVATION 18 AAC 72.025 (j) No person may install a privy in an azea subject. to flooding... The vertical separation j betweeA the lowest point of a privy ,and the water table, measured during the season of the year with maximum water table elevation, must be at least four feet (Eff. 6/30/90, Register 114;. am 11/10194, Register 132) Authority: A5 44.46.020. AS 46.03.080 AS 44.46.025. AS 46.03.090 AS 46.03.020 AS 46.03.100. AS 46.03.050 AS 46.03.720 AS 46.03.070 AS 46.03.900 ~ 18 AAC 72.OZ0. HOLDING ?ANKS. , (a) A person may install or use a holding tank only if (I) the department. finds that permafrost or other soil conditions preclude the use. of a soil absorption or other subsurface domestic wastewater disposal system;. (2) the tank lwlds at least 1,000 ,gallons, plus 250 .gallons per bedroom over tlzree served by the tank; and (3) the tank is regularly serviced to prevent 4verIIow. (b) This section does not apply ao marine sanitation devices. (Eff. 6/30/90, Register 114) i Authority: AS 44.46.020 AS 46.03.0$0 AS 46.03.020 AS 46.03.100 AS 46.03.050 AS 4b.03.720 AS 46.03.070 ~8 AAC 72.025. SEPTIC TANKS AND SOIL ABSORPTION SYSTEMS, (a) A person ~-ay use a septic tank only if (1) the design and construction of the septic tani~ exclusive of tank capacity, meets the minimum specifications for septic tanks. contained in the reference manual listed at 18 AAC 72.950(17); (2) ' a septic tank serving asingle-family :dwelling or dupIcx has a capacity of at least 1,OA0 ,gallons, plus 250. gallons per bedroom over three served by.the tank; (3) .the capacities of septic tanks serving structures other than those described in (2) of this subsection conform to the speciiica~ious for septic tanks for those applications found in the reference manual. listed at 7 8 AAC 72.950(12); !0 09/10/98 TAU 10.08 FArT 19072622294 FENAI OFFICE 9DEC ~J003 18 AAC 72.210 EIWIRONMENTAL CONSERVATION 18 AAC .72.210 ~ ~ ARTICLE 2. DOMESTIC WASTEWATER SYSTEM PLAN REVIEW Section 210. Application for depanment approval 212. Plan review and certificationfees 215. Preapplicat7on conference 220. Submittal. requirements ...225. Design review 230. Approval to construct 235. Revisions to approved plans 245. Coamuctaoa certification 250_ Approval to operate 255. Treatment plants 260. Stabilization ponds.(lagoons). .265_ Community soli absorption systems _ 270. Soils analysis and report for community soi! - absorption sysums 275. Collection and pumping systems _ 280 Disposal systems 285. Delegation of domestic wastewater system plan review Z8 AAC 72.210. PLICATION FOR. DEPARTMENT APPROVAL. (a) Subject to (b) n, a person must have written dapartment approval #o construct, ~ .install, modify, or operate any part of a domestic wastewater >zea>ment, collection, or disposal system, and. must ensure that the system (1) meets the minimum design criteria of this chapter; (2) discharge, if any, is capable of meeting the standards of quality for surface ' water and grauudwates set out at 18 AAC i0, and . . (3) protects sources and systems that provide potable water. (b) Subject to 18 AAC 72.012(a), 18 AAC 72.055(c), and the requirements of Table E, plan approval under this chapter is .not required far a conventional. onsite domestic wastewater. disposal system serving asingle-family or duplex residence, if that system meets the requirements of this chapter. 26 vai sv• au iuV yv: vo f':lA 1`JV /Ltli:LL2l4 KE.^I4I OFFICE 2~E~i - ~U~4 18 AAC 72.210. ENVIRONMENTAL CONSERVATION 18 AAC 72.212 (c) Plans submitted under 18 AAC 72.210 -18 A.AC 72.285 are subject to the. reyvirements of Table E. When engineeringplaas are required by Table E or other applicable sections of thin. chapter, the plans must be sealed by a registered engineer. (d) Written department approval is not required for emergency repairs or routine maia• tcnaace. The owner or operator must notify the department if the system rnalfvactioas as descn~bed in 18 AAC 72.940.. (e) The department will base its approval of systemplaas exclusively on the provisions of this chapter. The department will, in its discretion, provide advisory notes to the designer as technical assistance for items beyond the requirements of this. chapter. (fl Tlae deparFinent will, in its discretion, require tbat designs for sewers, domestic wastewater treatmentworks, and domestic wastewater disposal systems have a history of successful operation in comparable environmental conditions.. (g) The department wiA evaluate on a case-by-case basis applications for domestic wastewater system plan. review proposing a met3~od of wastewater disposal not discussed in this chapter, and will use the design review provisions and any applicable approval criteria set out is this chapter. (h) If the applicant fails to construct, alter, install, modify, or begin operation of the system witizin two years after the date that system plan approval is issued under this chapter, the approval'as void, and plans must be resubmitted. for department review and approval, (E~ b/3U/90, Register 114; ara 4/18/97, Register 142) Authorittg**: AS 44.46.020 AS 46.03.090 AS 46.03.020 AS 46.03.720. AS 46.0.050 IR AAC T2.212. PLAhi REVIFIF:'W ANA C'ERTIFICATI4N FEES- (a) Except as providedin (h) of this section, for a system plan: review under. l8 AAC 72210 -18 AAC 72285 that does'not include a project coastrucbed with money awarded under AS 46.03.030 or a const:ucrioa project supervised by the tleparlment under AS 46.07.040, the applicant must submit with the application for approval a Fee based on the daily peak design capacity measurenoent for the system. as follows- (1) for 0 - 500 gallons per day (gpd): $195; (2) for 501-2,500 gpd: $295; (3) for 2,501 -.20,000 gpd: $875; (4) for 20,001..-50,000 gpd: $1,375; (~; r 54,031 - ?so,aoo ~: X2,000; 2s .yv,_av +w i.v.v.~ r:y.l 17Yl6D6GL~74 w^.~IA1 ur'K.i~:ri'-.9U~G app,. N N U O ,Q LL N 1~ V J Q Z W O N m r a O ~ ~ e'~ V ri£ ~E ~ ` a ~. r~ .pi. ~ a A u V~ D.oo ~ ~'6 c ~ ~ Q " 3~ `` ~ ` c$ ~_ ~ V. o~ {~ ~ y ~I 5 ` _ F E: V C ~°nv° pp ~~L' i~v~ a3~ O ~ O a ~ ti ° tt~ O ~ ~ m w = m~ $^' ;~ 0 3 ~ ~~ ~ °~ ~ ~ '~~ ~.. `Ee e~p ~ uv °~s ~•~a s~ ~ ti _ ~ e ~ m V ~ o oe ~~ ee ~ r oe 's Cr R ~ ~ gyn.. ~ 1MV ~ Sri aN rih .~e~ BCD p sti ~~ (uy~~ ~ p~ 4 C V ! .~C. ~ m p V V f ~ ~ ^ Y ~ ~ c°no~n C3 aC3 ~3 ~N N V O ~a ter; a~ qr; .i.7 N C ~ N 1- y. N T 3 IY !~ _ y V • ~ U _ ~ ~ ~ ~ 4 ~ ~ -~~ a `s ~m " ' __ vi ta ~ '_ ~ o 9gg d ' o c 3 ~ S i s o oe Q ~ mm G ~ ~ ~Z V ~ V ~ ~ ` J' ~'"t N Z Q i e ~ s ~ ~ ram o~a a ~ 5 .! ea°E c ~ ° . 3 r 33 ~ ~ ~ ~ ~ ~ G Y ~ t ~ ~ ~ ~ ~ ~ ~ s'= ~~ ~ = _ ~rA wL'o$«3 1 Y ~~ ~.@3 w~ ~Z . Q ~ ~ ~ V ? .+ 8 ~ r p ~ a ~ ~ ~ C ~" l e ~ w ~ ~ C C ~ r ~ C O ~ O i w~ ~ d 'a ~~'~ ~'~' x 3 ~ Z d 9 '~ ~~ ~ ~ S~ m ~ ~~ ~e ~ i v Sy V ~ ,d S y r y ~ ~~6~~ ESE~ d s o C O. V M E L. y~ .C ~' m ~~v~ ~gs~~Eg ~Z n 6~T ~ e _ 6 v ~ ~ ~ C r v ~~ p F a~i v= a ~ E d v 7 w~ e b~ y s ~ ~ a C~ ~ ~. 4~ ~-~ it 9 1' C 0 i./1 A ~ ~ _Y ~ VJ 0 ~ t w° e~ ~~ v v s~ p ~ _0 ~ v w G u 7 ~ ~ ~ D'O t Iii ~ ~ '~ .o a ~ e u m~ t, a cO p ,-7 a~I S O ~ v ~ w F 8 ~~ ~ S tY r . . . - . . . 0 ~ ~ V p ~+ v'S '~ ~ O u rc4 Ori' a. ~ H`~ r ° °~ ~ 3' E~ ~ N ~ ~ T o~ 3~~ V~ w ~ C ~ r~ E e „ o x a ~ m ~ ~ ~° ~ ' ~ J w d ~ .b ~~ o . , ~ ~ ~ ~' 9 ~e' .~ ~ o u o °e 8 ~' 0~ ~ n~ v _ ~ E S E3 . ~s . ~ ~ ~ Y ' Y ~ ~ ~ ~_ ~ C C ~ ~ a ~ V i h~ ~ ~ ` ~N Q 3 ~ ~ E i~ ~ ~ ~ ~ r3 ` 8 3 ~ ~ °s~ e~ ao e si a a e a N CITY OF KENAI s~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-263-3014 '~II~~ ,~_ MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: September 17, 1998 SUBJECT: STREET NAME CHANGES In 1996, the Planning and Zoning Commission passed Resolution PZ96-28 which recommended that Kenai City Council adopt street names as part of the Enhanced 911 system. The City Council then approved Resolution No. 96-35 that adopted the street name changes. The United States Postal Service is requesting that the City change the post-directional indicators to pre-directional, for example, Willow Street North to North Willow Street. Attached is the letter we received from the Postal Service. At this time, it appears the following streets would be affected: Forest Drive North, Forest Drive South, Spruce Street North, Spruce Street South, Tinker Lane North, Tinker Lane South, Willow Street North, Willow Street South, Gill Street South, Gill Street North. This modification would not change any street address numbering. If the Commission wants to consider officially changing these names, it would require a public hearing at the Planning Commission after which City Council would need to consider a resolution to make the changes official. Does the Planning Commission want to schedule a public hearing? Attachment: LISPS letter dated 8/17/98 cc: Joshua C. McCoy, Manager, Address Management Systems, LISPS, 3720 Barrow Street, Anchorage, AK 99599-9321 Vicki Shillam, Postmaster, LISPS, 140 Bidarka, Kenai, AK 99611 OPERATIONS PROGRAMS SUPPORT ALASKA DISTRICT UNITED STATES r AC?STl.{L SERVICE August 17, 1998 RECEfVE~ Community Planning Director ~ t 9 19y~ City of Kenai 210 Fidalgo Avenue CITY of KENAI Kenai AK 99611-7750 ' PUBLtC WpRKS oFaao, RE: Resolution No. 96-35, Adopting Street Name Changes Due to E 911 The Postal Service contacted the Kenai Peninsula Borough regarding the attached list of address changes approved by the City of Kenai April 25, 1996. Our objections pertained to the changing of streets with pre-directional indicators (N Flower St., SW 1ST Ave., etc.) to post-directional (Flower St.. N: 1ST Ave.. SW. etc.,). We discussed this issue with Lisa Parker, Kenai Peninsula Borough Planning Director. According to Ms. Parker, the request to change the predirectional indicators to post was not intended. You will notice that the document refers to the directionals as suffixes. Suffixes are the street designators (Avenue, Boulevard, Street, Highway, Drive; etc.) As we discussed before, customers would not accept this change and would continue providing their addresses as originally used. The Postal Service would cause a great disservice to the customers if we made these changes and forced the customers to adopt the new changes. We are asking you to amend the ordinance to remove those streets where the change from predirectional to post-directional was requested. This change was unnecessary and did not create duplicate or sound alike problems. We are willing to attend any public meetings and/or official meetings to help resolve these issues. The Postal Service determines these changes to hinder our ability to provide efficient and cost effective service in Kenai. Please let us know if we can help you amend this ordinance. Mar4ager, Address Management Systems attachment cc: Lisa Parker, KPB Vicki Shillam, Postmaster File 3720 BARROW STREET ANCHORAGE AK 99599321 (907) 273808 FAX: (907) 273836 ~7~~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 !~ ~~..raar 'II~~I 1992 September 4, 1998 Jan Stiers Wee Folks 518 Pine Kenai, AK 99611 RE: KMC 14.20.230 -HOME OCCUPATIONS Dear Ms. Stiers: This letter will confirm our conversation today in which I advised you that you are required to obtain a Home Occupation Permit to operate a daycare in a residential zone. Attached is a packet that includes an application and a copy of KMC 14.20.230. Please review the code. If you feel your daycare satisfies the requirements for a Home Occupation Permit, complete the application and return it to me. I will schedule it for review at the next possible Planning and Zoning Commission meeting. If you feel you do not fit the guidelines for a Home Occupation Permit, contact me. At that time, we will decide if you should file for a Conditional Use Permit. As I stated, signs are limited to one size of not more than 4 square feet. This sign must be flat against your building or not closer than ten feet of any property line. No lighting is allowed. The banner that was described to me would not fit these guidelines. The City does require a sign permit. You will need to contact Robert Springer, City of Kenai's Building Official, to obtain a sign permit. If I can provide further assistance, contact me at 283-7933. "~, Sin erely, / n, Mazilyn Kebschull Planning & Zoning Administration Attachment ~CL. AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 16, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us/ ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS D~~~, ~ 1. Ordinance No. 1793-98 -- Increasing Estimated Revenues and /" Appropriations by $7,000 in the General Fund for Public Library Assistance Grant. ~~~~ ~, 2. Ordinance No. 1794-98 -- Appropriating $100,000 for an Airport Expansion and Development User Interest Survey. ~~~~ ~ 3. Ordinance No. 1795-98 -- Increasing Estimated Revenues and Appropriations by a Net Amount of $96 in Two Senior Citizen Funds. ~O~i-~t~~ 4. Resolution No. 98-62 -- Adopting an Alternative Allocation Method for ~S~s,~~/~ 5. Resolution No. 98-63 -- Setting the Public Hearing Date on the Proposed Crow Court Paving District. the FY99 Shared Fisheries Business Tax Program and Certifying that This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. /~~~~ 6. Resolution No. 98-64 -- Listing the City's Alaska Department of /" Administration FY 2000 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. -1- ~,~~~~. 7. Resolution No. 98-65 -- Encouraging the Use of the Port of Homer as the Port of Call for the M/V Kennicott During 1999 and Subsequent Years. ~,~,~,Q.~~, 8. Resolution No. 98-66 -- Declaring Certain Equipment, Supplies, and Materials Surplus or Obsolete. 9. *1998/99 Liquor License Renewal -- New Peking Restaurant -- Restaurant/Eating Place. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of September 2, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ~~%~-P-~G~ ~ 1. Approval -- James Carter Professional Services Contract / ~~~/ 9 ITEM H: NEW BUSINESS ~~~~~~ 1. Bills to be Paid, Bills to be Ratified ~~~A' 2. Purchase Orders Exceeding $2,500 3. *Ordinaace No. 1796-98 -- Finding That Certain City-Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, is Required for a Public Purpose. ~~ ¢a 4. Discussion -- Vintage Pointe Residence Requirement Change. /%/9~ -2- ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K• ADJOURNMENT -3- ~~~ k„/ i KENAI PENINSULA BOROUGH PLANNING COMMISSION SOLDOTNA CITY COUNCIL CHAMBERS 177 NORTH BIRCH SOLDOTNA,ALASKA September 14, 1998 7:30 P.M. Tentative Agenda John Hsmmehnan Chairman Areawide Term Expires 1999 Philip Bryson ~~ice Chairman Kenai City Tenn Expires 2001 Ann Whitmoro-Painter Parliamentarian Moose Pass Area Tenn Expires 2000 Peggy G. Boscacci PC Member Seldovia City Tenn Expires 2000 Wayne Carpenter PC Member Seward City Term Expires 1999 Robert Clubs PC Member Anchor Point Term Expires 2001 wen Coleman PC Member Soldotna city Term Expires 1999 Leroy Gannaway PC Member Homer City Tenn Expires 2001 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1999 Brent Johnson PC Member Kasilof Area Term Expires 2000 ]im Skogstad PC Member Hope Term Expires 2001 1 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA Ail items on the consent agenda are considered routine and rwncwntroversisi by the Planning Commission and will be approved by one motion There will be rw 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 sequencx on the regular agenda. If you wish to corrunent on a convent agenda item or a regular agenda item other than s public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Wayne Carpenter b. Leroy Gannaway 1 8. Minutes a. August 24, 1998 Plat Committee Minutes b. August 24, 1998 Planning Commission Minutes D. PUBLIC CONIlVIENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) Bruce Talbot, State Department of Natural Resources; Kenai Area Plan E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS Petition to vacate portion of Seismograph Trail Public Right-of- way, dedicated by right-of--way dedication plat filed by Ninilchik Native Association as Plat 84-115 Homer Recording District. Right-of--way petitioned for vacation is within parcel 189 of said right-of--way plat; within Section 10, T2S, R12W, S.M., Alaska. Generally located in the Caribou Hills area; KPB File 98-169 2. Petition to vacate the east/west portion of public right-of--way dedicated as Elderberry Circle by filing Bayview Gardens S/D Addn 1 as plat 76-104 in Homer Recording District. Right-of--way was dedicated as Elderberry Circle; is shown on Assessing Map as Blueberry Court; and changed to Raspberry Court by City of Homer resolution 96-79. Within Section 17, T6S, R13W, Seward Meridian, Alaska and within the City of Homer; KPB File 98-171 3. Petition to vacate public recreational use restriction for west 120 feet of Tract A of the South Peninsula Hospital Subdivision (Plat 98-41 HRD); Sec 18, T6S, R13W, S.M., AK within City of Homer [submitted by the City of Homer] 4. Petition to classify approximately 23.3 acres of Borough land located in the Kasilof area on the west side of Kalifornsky Beach Road near Mile Post 7, and more particularly described as that portion of Government Lot 4, Section 24, T4N, R12W, Seward Meridian, Alaska, lying west of Kalifornsky Beach Road 5. Ordinance 98-50: Delegating to the City of Seldovia the Power to Provide Zoning Regulations within the City, and Repealing KPB 21.80-21.118, Inclusive G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Building Setback Exception Requests a. Spruce Haven Estates Lot 1, Morel Avenue & Spruce Haven Street west of Salamatof Lake; KPB PC Resolution 98-50; KPB File 98-187 [submitted by Segesser Surveys on behalf of Todd Vann) b. Glacier View S/D No. 3 Lot 4, Block 12; Grubstake Avenue, City of Homer; KPB PC Resolution 98-51; KPB File 98-207 [submitted by applicant Tami Huston] Z. Plat Waiver Applications a. P/W Mallette, June M.; KPBPC Resolution 98-52; Granting a platting waiver for certain lands within Section 34, Township 4 North, Range 11 West, Seward Meridian, Alaska; Sterling Highway, approximately 1 '/a mile south of Tote Road; KPB FILE 98-210 [Submitted by Integrity Surveys on behalf of June MalletteJ Time Extension Requests a. Silent Hills S/D; North of Leanne Avenue, off Funny River Road; KPB File 87-105 [Requested by Carol S. Boudreau] b. Marina S/D Replat Lots 1 & 2, Block 1; Fourth Avenue & S Harbor Street, City of Seward; KPB File 96-131 [Requested by Johnson Surveying] I. CONSIDERATION OF PLATS 1. Twenty-five plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS Nationwide Permit Review; Army Corps of Engineers; AK9807- 02PA L. OTHER/NEW BUSINESS Planning Commission Representative for the Borough Trails Commission M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 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; carved forward from January 26, 1998 Postponed until brought back to the Commission by statl: 2. Permit Application for a Sand, Gravel or Material Site; Anchor Point; Clif Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 3. Petition to vacate cul-de-sac portion of Seaward Avenue and associated utility easements as dedicated and/or granted by plat of Silver King Five and shown on Silver King Ten (Plats 90-7 and 97- 41 HRD); Sec. 5, TSS, R15W, S.M., AK. Located at the westerly end of the north half of Seaward Avenue in Anchor Point; KPB File 98-145 [Submitted by Jerry Anderson, Anderson Consultant Services on behalf of H. V. & Susan Kyllonen]; carried forward from July 27, 1998 Postponed until brought back to the Commission by staff. 4. Public Hearing; 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 Postponed to November 9, 1998. 5. Public Hearing; Petition to vacate the section line easement within Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within City of Kenai; KPB Files 98-071 & 98-075; carried forward from May 11, 1998. Postponed to November 9, 1998. 6. Ordinance 98-33: Repealing KPB 21.13 Land Use Permits, and Adopting KPB 21.25, Conditional Land Use Permits, and KPB 21.26, Material Site Permits, and Reenacting Without Modification Provisions Governing Correctional Community Residential Center Permits as KPB 21.27; carried forward from July 27, 1998 Postponed to October 26, 1998. 7. Public Hearing: Petition to vacate a portion of an unnamed twenty foot wide right-of--way dedicated by plat of Kelly Subdivision of Tract A Folz Subdivision (Plat #37 Seward Recording District). Portion to be vacated is bounded by Lots 2 thna 7 of said subdivision. Sec 27, T1N, R1W, S.M., AK. Location -Seward Highway approximately'/4 mile northerly of Seward City Limits; KPB File 98-125 [Submitted by Elizabeth Dunn as co-petitioner with Fred Moore and Joanne C. Hoogland]; carried forward from July 27, 1998 Postponed to October 14, 1998. 8. Melvin S. & Sharon L. Graves; Application for Waiver of Platting Requirements; Ciechanski Road and Seahawk Avenue; KPB File 98-181; submitted by applicants; KPB PC Resolution 98-45; carried forward from August 24, 1998 Postponed to September 28, 1998. Q. ADJOL;fRNMENT The Plat Committee will meet on TUESDAY, SEPTEMBER 15,1998 at 8:00 a.m., Mayor's Conference Room, Borough Admitistration Building, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is September 28, 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 September 28, 1998 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Sewazd Planning Commission August 18, 1998 Minutes 2. Homer Advisory Planning Commission August 19, 1998 Minutes 3. Kachemak Bay Advisory Planning Commission September 3, 1998 Agenda 4. Cooper Landing Advisory Planning Commission September 9, 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 Cooper Landing Advisory Planning Commission September 9 Funny River Advisory Planning Commission September 14 Kachemak Bay Advisory Planning Commission September 17 Kachemak Bay Advisory Planning Commission October 1 Anchor Point Advisory Planning Commission October 6 Moose Pass Advisory Planning Commission October 7 Funny River Advisory Planning Commission October 12 Cooper Landing Advisory Planning Commission October 14 Kachemak Bay Advisory Planning Commission October 15 KENAI PENINSULA BOROUGH PLAT COMMITTEE MAYOR'S CONFERENCE ROOM BOROUGH ADMINISTRATION BUILDING ' 144 NORTH BINKLEY SOLDOTNA, ALASKA TUESDAY SEPTEMBER 15, 1998 8:00 A.M. Tentative Agenda A. CALL TO ORDER Members: B. ROLL CALL S~o~~ c-,s`a`ry `i C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 2000 Wayne Carpenter 1. Agenda Seward City Term Expires lsee 2. Member/Alternate Excused Absences Jim Skogstad Hope a. Wayne Carpenter Term Expires 2001 Ann Whitrnore~ainter b. Leroy Gannaway Moose Pass Area Term Expires 2000 3. Minutes 1 ALTERNATES: a• August 24, 1998 minutes were reviewed by the Planning Commission September 14, 1998. Robert Clutts Anchor Point Term Expires 2001 p. UNFINISHED BUSINESS Leroy t3annaway 1. Folz S/D Snowden Addn Homer City Term Expires 2001 . Seward Hi ghway, north of Seward; Postponed Preliminary Plat Johnson Surveying on behalf of Brad Snowden KPB File 98-178 Carried Forward From August 24, 1998 E. CONSIDERATION OF PLATS 1. Mullen Homestead Second Addition; Soldotna City Preliminary; McLane Consulting Group on behalf of Marge Mullen KPB File 98-185 2. Green Estates 1998 Addition; Soldotna City Preliminary; McLane Consulting Group on behalf of Dan Green KPB File 98-189 3. D & J Subdivision Terrace Addition; Arc Loop Preliminary; Submitted by subdivider Transalaska Enterprises LLC } KPB File 98-186 i 4. Seldovia Townsite Alaska U.S. Survey No. 1771 Lot 4A, Block 26 Seldovia City; Preliminary Gene LeQuire on behalf of Warren Polsky KPB File 98-188 5. Byington Homestead 1998 Addition Kasilof River, southeast of Pollard Lake; Preliminary; Johnson Surveying on behalf of Russel Moore KPB File 98-190 6. Wapiti Acres; Echo Lake Road Preliminary; Swan Surveying on behalf of Bill 8~ Marcia Ward KPB File 98-191 7. Bronco Creek S/D; Caribou Hills Preliminary; Swan Surveying on behalf of Rick Northey KPB File 98-116 8. Loon Landing S/D Addn. No. 1 Sport Lake Road, Frazier Road; Preliminary Swan Surveying on behalf of Charles & Mary Catherine Schmelzenbach KPB File 98-205 9. Mooring Estates Bible Chapel Addn; Soldotna City Preliminary; Swan Surveying on behalf of Soldotna Bible Chapel KPB File 98-206 10. Hope Townsite Hanson Replat; Hope Townsite Preliminary; Integrity Surveys on behalf of David & Sheila Hanson KPB File 98-192 11. Clam Gulch Heights Sanders Replat; Clam Gulch Preliminary; Integrity Surveys on behalf of Brian Sanders KPB File 98-193 12. NealSand S/D; Kenai City Preliminary; Integrity Surveys on behalf of Avis Hayes KPB File 98-194 13. Schlereth S/D Sanders Addn #2; Robinson Loop Preliminary; Integrity Surveys on behalf of Howard L. Sanders KPB File 98.202 14. Wesbet S/D Replat Number Two; Kenai City Preliminary; Integrity Surveys on behalf of Robert & G. Judith Humphrey KPB File 98-203 N, 15. Aero Acres Replat No. 1; Cohoe Loop Preliminary; Integrity Surveys on behalf of Aero Acres LLC KPB File 98-204 16. Ironwood S/D; Marhenke Street, Nikiski Revised Preliminary; Integrity Surveys on behalf of Cliff Baker dba Integrity Surveys KPB File 97-258 17. Briarwood S/D; southeast of Bear Lake Preliminary; Cline & Associates on behalf of Patricia Martin KPB File 98-195 18. Crow's Nest S/D Eagle Run Vacation; Seldovia City Preliminary; Ability Surveys on behalf of V. Bates & T. Hunter KPB File 98-196 19. Waterfront Replat No 1, Peninsula St. Replat Seldovia City; Preliminary Ability Surveys on behalf of Fred Elvsaas & City of Seldovia KPB File 98-197 20. Silver King Camp Unit III Replat Lots 9 & 10 Anchor Point; Preliminary Ability Surveys on behalf of James 8~ Cynthia Gorman KPB File 98-198 21. Piper's Haven Unit 4 east of Sterling Highway & Stariski Tower Preliminary; Ability Surveys on behalf of Emily Ingram KPB File 98-200 22. Nedosik 1998 Tract C Skyline Drive, north of Homer Preliminary; Ability Surveys on behalf of Judith Inscoe KPB File 98-201 23. Faller S/D No 2; Halibut Cove, south of Ismailof Island Preliminary; Eric P. Fuglestad on behalf of V. Harrison 8~ J. Branson KPB File 98-208 24. Marian's Meadow; Ismailof Island Preliminary; Eric P. Fuglestad on behalf of Clem 8 Diana Tillion KPB File 98-209 F. ADJOURNMENT The next regularly scheduled Plat Committee meeting is September 28, 1998 at 5:30 p.m. in the Planning Department (top floor) in the Borough Administration Building, 144 North Binkley, Soldotna. (~ C,l. CITY QF KEN/~I " Gil ~'~ ~ y4~~ -, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 807-283-3014 '~li~. ,~_ MEMO: ., TO: Carol Freas, City Clerk FROM: Marilyn Kebschull, Planning & Zoning Administration ^~ DATE: September 9, 1998 SUBJECT: September 21, 1998 Work Session At their meeting on September 9, 1998, the Planning and Zoning Commission discussed Title 14 and the need for revisions. It was decided to discuss the topic with Council at the work session on the 21St. Specifically, the Commission would like to discuss reviewing the revising Title 14 from page 1 and holding work sessions with Council throughout the revision process. They asked that I request that this item be included on the agenda for the 21St so that they would have the opportunity to discuss it with Council. CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ YFAmMUdr 1IIII1 1992 September 17, 1998 Karen J. Mahurin P.O. Box 1073 Kenai, AK 99611 RE: PLANNING 8L ZONING COMIVIISSION City of Kenai At their regular meeting of September 2, 1998, the Kenai City Council accepted your resignation from the Kenai Planning 8v Zoning Commission, effective September 24, 1998. Upon your departure from the Commission, the Kenai City Council and City Administration thanks you. The time and effort which you contributed to the City during your term on the Commission is an example of a dedicated citizen working for a better tomorrow for the City of Kenai. Thank you again for your interest and support. CITY OF KENAI C 1 L. Freas City Clerk JJW / clf Facsimile Transmission ,lddras9eetTalemp{e,Pllone Date Page Ta;,iiie ~ ~~ /f/~ J~(1~ ~!' Col^De ~ r ~~~- scG-e.- Loeatlen Mail Cods/Ropn ~~ CotltpenY Location Mail Code/Room Inilieted By Oapartment Appfovod iw Typed 8y Est, Meil Code/Room ^ Call Sender ter Pickup of Originals ^ Cell for Pldcup et ReceiJ~np Locafbn ~~~ ~~ ~~ Pone ~Oea Jun-89 ema Toy Planning 8 honing CommissionJNafibers From: Art Graveley CC: Kenai City Plan Ong Department Staff Date: 09/23/88 Re: P 8 Z Title 14 Lrequestad the City Planning Department Administration to assist in defining. some of the issues that require review and recommended change from the commission re®arding P & Z Title 14. Thepurpose here is NOT to rewrite Title 14, but attempt to bring it in compliance within its self. Discussion should also inGude the current status of re-formatting Title 14 along with. the rest of the city code. Attachment (A) is an outline of some of the inconsistencies and concerns with Title 14 that require revs®w. • Page 1 - -- -_. ... _. .__. ._ ... .. .-_. .-_.. 1..J Plannfng & Zoning Title 14 Inconsfstencles & Concerns The following is a bxief list of some of the concerns and inconsistencies that warrant review. - Page Item # Problem: 1 3, 4 Curxeatly not being done. (This is a compliance Plan, Education) 2 3 Has not bees done 4 14.10.050 Filing Fees -.Not collected 10 Sections Listing 14.15.090 Change to Planning ~ Zoning Department 3 "subnutted to PW Director" Should be "Submitted to P&Z Dept" 12 14.15.080 13 14.15.090 14 14.15.100 21-28 29-30 34 14.20.156 "kept on file in the office of Director of Public works" -any notation relating to Director of Public Works should be changed. City does not have Public Works Director -wording should reflect P& Z department. Same as abova Same as above - P8z Z Department Building Official IsBUes Numbers. Review zones to insure they. are consistent with Land Use Table and Development Requirements Table. Conditional Uses -Draft Amendment has been proposed to make CUP's section consistent with Land Use Table (PZ98-40) Due to lack of code enforcement, this section should be modified to be complaint driven like the. rest of Title 14. 59-65 Th A- B- C- D- :following definitions should be added as appropriate: Building Permit Zero lot line. Accessory structure - to .include 120 square feet which is sine requiring a building pemut Include land use titles.