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HomeMy WebLinkAbout1998-10-14 p&z packet~~~ AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 14,1998 - 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 23, 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: a. PZ98-47--Preliminary Plat--Shoreline Heights Subdivision No. 2 4. PUBLIC HEARINGS: 5. NEW BUSINESS: a. *PZ98-48--Home Occupation Permit-Daycare--Jan Stiers--518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai, Alaska. b. Amendment to KMC 12.25.030--Junk Car Ordinance--Discussion c. November meeting dates--Discussion 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. Triple T Autobody -Tom Trible b. Peek A Boo Place Daycare -Home Occupation Permit -Shannon Fitt 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda Page 2 October 14, 1998 10. INFORMATION ITEMS: a. Board of Adjustment Decision -Restrictions Placed on Variance in Five Iron Heights Subdivision b. Ordinance No. 1797-98 -Amending KMC 14.20.150 Conditional Use Permits c. Planning & Zoning Commission Roster d. KPB Plat Committee Action of 9/15/98 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: AMENDED AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 23,1998 - 7:00 p.m. httn://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) Cz~ 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: ~.~~.~,t,,.,,e.u a. Street Name Changes -Discussion regarding changing post-directionals to pre- ~`'"~-~''~'`~6''~'`"'`~- 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: CITY OF KENAI PLANNING AND ZONING COMMISSION September 23, 1998 - ?:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER: Chairman Carl Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Barb Nord, Karen Mahurin, Art Graveley Members Absent: Ron Goecke Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval Graveley requested the memo handed out prior to the meeting regarding P8sZ Title 14 be added under New Business, Item S.b. MAHURIN MOVED TO APPROVE THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. AGENDA WAS APPROVED WITH THE ADDITION. c. Approval of Minutes: September 9, 1998 NORD MOVED TO APPROVE THE MINUTES OF SEPTEMBER 9, 1998. MOTION SECONDED BY MAHURIN. VOTE BRYSON Yes GOECKE Absent MAHURIN Yes GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELEY Yes MINUTES OF SEPTEMBER 9, 1998 WERE APPROVED AS WRITTEN. Planning 8v Zoning Commission September 23, 1998 Page 1 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 3. CONSIDERATION OF PLATS: -None 4. PUBLIC HEARINGS: a. PZ98-40 -- A resolution amending KMC 14.20.150 -- Conditional Use Permits (Continued from 9/9/98) GRAVELEY MOVED TO APPROVE PZ98-40. MOTION SECONDED BY NORD. Chairman Glick opened the Public Hearing and asked that testimony be limited to three minutes unless it is a prepared written statement. Those given testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska. I never have to turn a mic up to me. Um.. Am I supposed to sign in here as well? Glick: Please. Sonberg: Okay. Let's see, and today's date, that's not in that. Okay, my name is Debbie Sonberg and I reside at 410 Cinderella Street here in Kenai and ah... I would like to see this particular portion postponed and handled in total with the ah... Mr. Graveley's suggestion for the new business item because I think the whole thing needs to be considered as a complete package. Last week, someone mentioned that the wording for the... this particular change came from Seward's wording in their zoning code and I have a copy of Seward's zoning code. I hope that all of you have looked into that and maybe reviewed what Seward has in their zoning code. Ah.. particularly their land use table is significantly different that ours. I think maybe it started out being significantly similar prior to the changes made about a year ago but they have a lot of blanks on their land use table and their blanks say specifically, on their Planning 8v Zoning Commission September 23, 1998 Page 2 land use table, that they are intended to be interpreted as not approved. Seward's wording for this particular code item is more flexible than the one we have right now but their land use table is much stricter than ours, much more rigid in what could be allowed and what couldn't be allowed and of all of the public hearings that I've sat in on and read about for conditional uses that this Commission has considered over the past few months, not one of them would have been considered appropriate to even apply for a conditional use permit in Seward. So I think taking Seward's wording and applying it to our land use table isn't really an appropriate measure either and, again, I'd like to strongly suggest that this item um.. be tabled and dealt with along with the zoning code as a whole because I think that's the way it needs to be handled. Thank you. Glick: Okay. Thank you. Anyone else in the public wishing to speak to this item? Mark Schrag, 312 Princess, Kenai, Alaska. Ah... my name is Mark Schrag at 312 Princess and I just support what Debbie said too and didn't like it, it shouldn't be... we're talking about rev... reviewing some of this... visiting some of these things... that now isn't the time to go ahead and.. and open it up wider for this, so... that's all, I just... yeah, I hope you would table it or... or defeat it. Glick: Okay, thank you. Anyone else in the public wishing to speak to this item? (Sonberg requested to speak again from the audience, Glick gave permission) Sonberg: For the record it's Debbie Sonberg again. I also have a copy of the Palmer's zoning code and Petersburg zoning code and these same issues that have come up here the past few months would also not have been allowed in their cities either. So I think our city is definitely taking a trend this past year that you don't find in the other cities and Petersburg, in the last seven years, has only had one appeal to the Council, over the Commission's head, so to say. It was approved by the Council, you know, the appeal was approved and upheld. They've got an air-tight system and I think it would be good to look at some of these other city systems finding out what's working and what's not working and try to apply some of those here as well. Glick: Okay. Is there anyone else in the public wishing to speak to this item? Seeing none, bring it back to the Commission. Verbatim Ends Planning & Zoning Commission September 23, 1998 Page 3 Mahurin expressed concern with the proposed amendment, particularly under D. 2, under review criteria for the language still says the value of the adjoining property. Mahurin continued, it concerns her that a conditional use permit be viewed only as having an impact on the adjoining property where, in her opinion, it could have a significant impact on an entire neighborhood. Mahurin thought Sonberg brought up some good points and reported that she talked with Sonberg since at the last Planning and Zoning meeting. Mahurin stated since the Commission is intending to review the entire Title 14 it would be her recommendation that maybe it's time to take issue and look at other cities. Mahurin also stated that she appreciates the time that staff puts into giving the information they compile but maybe it is time that other cities' zoning codes be gathered and reviewed, particularly on the controversial conditional use permits. Mahurin indicated she would be voting "no" on the item. Bryson asked if there would be any significant difference if the term "adjoining property" were expanded to include the neighborhood? This would be similar to the value of the property in the neighborhood is not significantly impaired. BRYSON MOVED TO AMEND THE MAIN MOTION, ITEM 14.20.150, D-2 TO READ "THE VALUE OF THE ADJOINING PROPERTY AND NEIGHBORHOOD WOULD NOT BE SIGNIFICANTLY IMPAIRED AND THE PROPOSED USE IS IN HARMONY WITH THE COMPREHENSIVE PLAN." MOTION SECONDED BY NORD. Mahurin stated she didn't remember the discussion held last meeting regarding the development, extraction of natural resources and surface extraction. Mahurin indicated she didn't see anything about that in the proposed amendment. Mahurin asked if it was moved or something. Kebschull stated the City Attorney did that because it's covered under its own section of the code under 151, so it's in the next section of the conditional uses. Mahurin asked if the language under 151 remain the same. Kebschull replied, a recommendation for modification is not being made to 151. VOTE (Amendment) WERNER-QUADE No GOECKE Absent NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Motion passes. Werner-Quade referenced the current code, 14.20.150, under 1, ii., "Such uses must be in harmony with the intent of the zone." Werner- Planning 8v Zoning Commission September 23, 1998 Page 4 Quade indicated she brought the issue up at the last meeting in relationship to D-2., second line, "proposed use is in harmony with the Comprehensive Plan," Werner-Quade would like the second sentence of D-2 of the proposed amendment to read, "proposed use is in harmony with the Comprehensive Plan and with the intent of the zone." Werner- Quade stated this would bring both issues together. WERNER-QUADE MOVED TO AMEND THE MOTION TO CHANGE THE SECOND SENTENCE OF ITEM D-2, TO READ °tPROPOSED USE IS IN HARMONY WITH THE COMPREHENSIVE PLAN AND WITH THE INTENT OF THE ZONE." NORD SECONDED FOR PURPOSE OF DISCUSSION. Werner-Quade her main reason for recommending the change was to somehow bring harmony to the intent of the zone. Bryson stated he felt quite often the Comprehensive Plan does not agree with a given zone and the best example would be the Anglers Acres area where conditional uses are presumed to be appropriate since they've been approved. It's not specifically the intent of the zone to provide that and those situations would meet the test. Mahurin asked if it would be acceptable under D-1, which states, "the use is consistent with the purpose of this chapter...." Mahurin thought the last part of the paragraph could be changed to read, "...and the purposes and intent of the zoning district." Werner-Quade agreed that would be better and stated she would hate to lose the intent of the zone and moving the comment up under D-1 would solve the dilemma. Glick confirmed the amendment proposed by Werner-Quade and noted D-1 would say "the use is consistent with the purpose of this chapter and the purpose of and intent of the zoning district." This takes the place of Werner-Quade's first amendment. Bryson asked staff if this would essentially read the same as the Administration's intent. Kebschull thought the terms "purpose and intent" could be interchanged, and therefore didn't think it would modify the attorney's suggestion. VOTE (Amendment) NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent GLICK Yes Motion passed unanimously. Planning & Zoning Commission September 23, 1998 Page 5 MAHURIN MOVED TO POSTPONE P298-40 FOR TIME CERTAIN WHICH MEANS WHEN IT IS BACK BEFORE THE COMMISSION AS PART OF THE RE-WRITE OF TITLE 14. SECONDED BY GRAVELEY. VOTE MAHURIN Yes GRAVELEY Yes BRYSON No WERNER-QUADE No GOECKE Absent NORD No GLICK No Two Yes, 4 No, Motion failed. Bryson stated he felt addressing a section of Chapter 14, such as Conditional Use Permits could be done in several months and thought addressing the entire Title 14 would take in excess of a year. He added, there are sufficient items in the conditional use section needing correction and they should be corrected as soon as reasonably possible. Bryson indicated that was why he opposed the postponement. Werner-Quade concurred with Bryson's comments and stated that was why she voted the way she did. Werner-Quade continued, she believed the volume of conditional use permits that come before the Commission warrant the definition to be updated and accepted as quickly as possible. Glick stated he wasn't present for the last meeting and didn't hear all the public comment. He did, however, read the minutes very carefully. Glick pointed out he read the proposed amendment very carefully as well and compared it to the current one. Glick continued, in his opinion it hasn't been made easier to get a conditional use permit, however, the process of obtaining a conditional use permit has been clarified and brought in line with what was done in the past in the land use table. Mahurin stated she had supported the amendments made at this meeting in the event it passed. Mahurin continued, she learned during her tenure in Planning and Zoning that as one small thing is changed, there is an impact somewhere else. She added, it made logical sense to her to hold off on the item since it was agreed that the entire Title would be looked at rather than having to amend something again. Mahurin added, she thought the whole thing needed to be reviewed so that when things are rewritten they are not piece-mealing. This item is being done because of the Land Use Table. Mahurin stated she would like the Commission to be more professional and together and look at the whole thing and not have to mix apples and oranges. Mahurin indicated she would vote "no." Planning 8s Zoning Commission September 23, 1998 Page 6 Graveley stated he voted "yes" on the postponement but would vote "yes" for the amendment because he felt it was needed. However, this should not cloud or discourage the necessary changes needed in Title 14. Glick recommended that the public really get involved when the work sessions are held with Council on Title 14 and not wait until the Commission is ready to pass the recommended changes. Glick encouraged the public to attend the work sessions and give input at that time. Nord stated she voted to postpone this item at the last meeting as she thought more public input was needed. Nord pointed out the issue was re-advertised and less people are in attendance at this meeting. Nord agreed the proposed changes are needed due to the problems encountered in the past. Nord added, she would vote "yes" on the amendment. VOTE (Main Motion) GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent NORD Yes MAHURIN No GLICK Yes Motion passed. b. PZ98-45 (PZ88-17) -- An application to amend Conditional Use Permit PZ88-lT to include guiding for the property described at 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. NORD MOVED TO APPROVE PZ98-45. MOTION SECONDED BY WERNER-QUADE. Jim Richardson, 1015 Angler Drive, Kenai, Alaska. Richardson reported he was the property owner two doors down from the CUP applicant. Richardson stated he also requested the city review the issue in his August 5 letter. Richard explained, the reason he requested the City review the matter to accomplish two purposes. The first, because the operation of the Beaver Creek Lodge had not been operating in a manner which was consistent with the conditional use permit granted in November 1988. Richardson continued, as of the summer of 1989 he observed that guiding was a central component of the operation of the facility and particularly given the Commission review of the proposed new application. He added, he felt it important for the Commission to understand what operations were actually occurring at the Beaver Creek Lodge. Planning & Zoning Commission September 23, 1998 Page 7 Richardson stated he reviewed the staff recommendations on the issue and was dismayed with two components of it. One was the recommendation that guiding be allowed and a limit be set at six. He and others in the neighborhood don't have a problem with reasonable levels of commercial activity but they are looking for some sort of balance and this level of activity represents that sort of balance. Richardson pointed out that during the peak of the season, guides take out two sets of anglers. If there are six guides operating out of the property then there would be a potential of people going out with five anglers, twice a day which totals 70 people plus the activities associated with the people staying at Beaver Creek Lodge. Richardson felt that was too much and pointed out that he could live with a maximum of three guides and asked the Commission not agree with the staff recommendation of six guides. Richardson continued, the second component of his concern was the statement of staff that the water quality issues were the purview of the DEC, therefore, they would just acknowledge that it was their problem. Richardson pointed out he noted in his letter that DEC is basically an organization that has been gutted and they are not doing that type of work anymore and will not be in the future. Richardson continued, if local governments don't deal with these issues where there are known problems then nobody else would. Richardson stated he was not representing himself as an expert on water and sewer but he did a search with DEC and cited the authorizations that commercial activities are required to have engineered systems that are registered with DEC whether they be septic field system or a holding tank system. Richardson reported the operator and property owner do not have that registration so are in violation of DEC standards. Richardson requested in his letter that if the amendment is approved, the operator be required to meet DEC requirements. Richardson pointed out this is consistent with an action the Commission took in 1995 in a similar proposed amendment from the owner of the Beaver Creek Lodge. It was approved by the Commission but their proposed amendment was voted down so it didn't become effective and they didn't ever change their operation from Richardson's standpoint. Richardson continued (referring to Bryson's comments and discussions in the August 12 meeting) it was stated by one or two Commissioners the Angler Drive area should be considered for recreation zoning. Richardson stated, he thought the area, because of the narrow width of 'the lots and the fact that they are very low lying and have poor drainage, would be extremely difficult to allow high-level recreation development in that area. Richardson continued, looking at the requirements for set- asides and setbacks for DEC uses and the level of DEC standards, it Planning 8v Zoning Commission September 23, 1998 Page 8 requires setbacks of 150 to 200 feet and with a 100 foot lot it would not be possible. Without water and sewer service to that area, it cannot comply with the requirements. Richardson reiterated he didn't have a problem with a reasonable level of commercial activity in the area but he asked the Commission strive for a balance on the issue. Richardson thanked the Commission for the opportunity to comment. Clinton Coligan, 1025 Angler Drive, Kenai, Alaska. Coligan introduced himself as the operator and resident at the address Richardson questioned. Coligan reported he has been conducting business there since 1986 and the operation hasn't changed other than being down-scaled today from what it was several years ago. Coligan stated he thought Richardson's comment regarding six boats was ludicrous as he had stated at the August meeting, he has only four boats, of which two are power boats that go in the Kenai River. The other two boats are drift boats that don't stay on the property. Coligan continued, Richardson made the comment they guide about 70 people per day when in reality the average number is actually five people per day leaving Beaver Creek Lodge in one power boat. Coligan again stated he has two registered, legally licensed power boat guides on payroll. One of these guides made a total of $4,000 and the other made $2,000 this year. Coligan added, his is being run identically today as it was 15 years ago when the property was purchased as an existing lodge. The system works very well. Coligan referenced Richardson's comments regarding the lot sizes and the distances of 100 feet and reported he owns property that stretches for two to three acres and entails and covers much, much, much more than 100 feet. Coligan stated his reason for being at the meeting was to defend having a legal guide at Beaver Creek Lodge. Coligan continued, he is there and has been there since 1986. Coligan reported he operated without any violations and feels they conduct a very good business. Glick asked Coligan if he would have a problem if the number of guides were limited to three. Coligan replied, he'd have absolutely no problem since he has always operated only three guide boats. Public hearing closed. MAHURIN MOVED TO AMEND PZ98-45 BY ADDING THAT THERE BE A LIMIT OF THREE GUIDES AND THAT THE OWNER PROVIDE PROOF OF MEETING DEC REQUIREMENTS. MOTION SECONDED BY WERNER-QUADE. Planning & Zoning Commission September 23, 1998 Page 9 Mahurin stated a precedence has been set by passing conditional use permits that do limit the number of guides. Mahurin continued, under the language of conditional use permits the issues of health and safety to the public are discussed. Although Mahurin realizes that Planning and Zoning has no authority over septic tanks, etc., in that area, however, the Commission has a concern and all that is being asked is for proof the owner is meeting the requirements of the law in regards to DEC regulations. Mahurin encouraged the Commission to support the amendment. Werner-Quade stated in addition to Mahurin's comments it appeared that on the 1995 conditional use permit application, the Commission had actually required the owner to show that the waste water systems did conform to DEC. Werner-Quade asked if that was ever submitted. Kebschull pointed out that the 1995 permit was not approved. Kebschull continued, the owner asked to modify the lodge to increase the size of the building and it was denied. Had it been approved, however, it would have been a requirement. Graveley asked for clarification on the number of guides and asked if it was for three guides for two docks. Mahurin replied, they are limiting the number of guides to three for two docks. Bryson asked if the intent of the motion regarding DEC was to require the owner to provide proof of approval by DEC. Mahurin answered, yes. Bryson stated there are situations where DEC approves waivers for given situations which are commonly different for the bare criteria for specific distances and felt it's reasonable to require a system that's approved by DEC but not necessarily the specific criteria. Bryson continued, for example, DEC may require 150 feet from a Class C well clearance but an engineer may make the argument that 128 feet provides adequate protection from the water supply and protects the ground water. They then get a waiver approval based on that information. Mahurin pointed out her motion strictly states that the owner would provide proof of an approved DEC system. If there is a waiver, it would mean it had been before DEC for approval. The intent was not to change the criteria for DEC but was to have the owner provide proof that DEC approved the system. Nord stated there were two issues in the amendment which called for the limit on the number of guides and the DEC approval. Nord stated because of how the amendment is worded she would vote against the amendment. Nord continued, if the issue was split she would be more inclined to vote yes on one and no on the other. Planning & Zoning Commission September 23, 1998 Page 10 Mahurin stated she was willing split the items with the approval of the second. Werner-Quade approved splitting the items in the motion. Glick clarified there were two amendments then, one to limit the number of guides, the other showing proof of DEC approval. VOTE (Limit of Guide Boats) GRAVELEY Yes WERNER-QUADE Yes NORD Yes GLICK Yes Motion passed unanimously. VOTE (Proof of DEC approval) BRYSON No GOECKE Absent MAHURIN Yes GLICK No 2 Yes Votes, 4 No, Motion failed. BRYSON Yes GOECKE Absent MAHURIN Yes WERNER-QUADE Yes NORD No GRAVELEY No Mahurin stated she was disappointed in the Commission's vote and felt it necessary to make that statement prior to voting on the main motion. Mahurin continued, so much time has been spent on conditional use permits and Anglers Drive, hearing first hand from property owners who have tides that flood their septics. All the motion was asking for was proof of an approved system. Mahurin referenced Conditional Use Permits, which states, "the proposed use will not be harmful to the public safety, health, or welfare." Mahurin continued, she would vote against the main motion. VOTE (Main Motion) WERNER-QUADE Yes GOECKE Absent NORD Yes MAHURIN No GRAVELEY Yes BRYSON Yes GLICK Yes Motion passed. 5. NEW BUSINESS: a. Street Name Changes -- Discussion regarding changing post- directional to pre-directionals, i.e, Willow Street North to North Willow Street. Planning 8v Zoning Commission September 23, 1998 Page 11 Kebschull reported when the Borough sent a request to the City to review street names to identify duplicates, etc., for the Enhanced 911 System they suggested that suffixes, prefixes, etc., be changed at the same time. The Commission passed the street names, which were South Willow Street, North Willow Street, etc. Sometime between the time they were approved and when it went to Council, it was changed. This was an error but Council passed an ordinance with the directionals as suffixes. The Post Office has stated that people are not going to say "Willow Street South," regardless of what the street sign says or what the legal ordinance says and would continue to refer to the streets by their prefixes. Kebschull continued, staff believed it was a good time to fix the problem adding, this would not require any address changes. However, it would require a public hearing and a resolution at the Planning and Zoning stage and a public hearing at Council. Kebschull noted the cost would be minimal as the City produces their own street signs. Staff is aware of about 12 streets at this time and if it is decided to pursue this, each street will be checked to make sure there aren't any other ones that are affected. The Commission agreed to go ahead with a public hearing. Kebschull will schedule it and noted that it probably won't be until the second meeting in October. This will allow staff the time to review all the streets. b. Title 14 Graveley pointed out a memo was provided to the Commissioners regarding Title 14 and the need for changes. Graveley also pointed out the purpose was not to rewrite Title 14 but to bring it into compliance. Graveley continued, there are a lot of subtle items within Title 14 that need to be addressed and possibly changed. Graveley stated the only way he can see accomplishing the task is with work sessions. He urged Commissioners to review the list he compiled and compare it to the Code and some of the issues will be apparent. Graveley thanked Kebschull for her help and gave her credit for the amount of work she has given him. Smalley reiterated Council would be in support of joint work sessions but they would not be held until after elections in October. Smalley thought the work sessions would start sometime between October, November, December or before the New Year. 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT ITEMS: Planning 8s Zoning Commission September 23, 1998 Page 12 a. 518 Pine -- Wee Folks Daycare -- Operating without a Home Occupation Permit. Kebschull reported the City had not heard anything from the operator and the City Attorney sent a notice she had seven days to either apply for a Home Occupation Permit or a Conditional Use Permit. If no response is received then the City Attorney will file the appropriate papers with the court to have her cease operation and/or be fined. 8. REPORTS a. City Council Councilman Smalley reported a meeting was held on September 16, 1998 and a copy of the agenda was included in the meeting packet. Items C-1 through C-6 were passed with unanimous consent. The one item that bought some discussion was item C-2, the ordinance to appropriate $100,000 for the study for expansion and development of the airport. Smalley reported the actual contract was not dealt with that night as the individual the City will be working with was ill and he asked the matter be postponed. There were also some additional modifications to the contract. Smalley reiterated this is FAA money and can only be used for airport needs. Items 7 and 8 were passed unanimously. Item H-3, the change to Vintage Pointe residency requirement was tabled to the next meeting. Discussion is taking place changing the year residency requirement to 30 days. Smalley reported there is ongoing discussion within the City to bring another retail outlet into town; specifically Sears. The old Kenai Mall is being remodeled to house State offices. Smalley reported there will still be a large portion of the building left vacant. Smalley stated that he appreciated the Commission attending the work session on September 21, 1998. Some good direction was given with regard to the Historic District Board. On behalf of the City Council, Smalley thanked Mahurin for her diligence. Smalley added, they didn't always agree on issues but they did agree to disagree. In any event, Mahurin was a fine addition to the Planning and Zoning Commission and will be missed. Smalley wished Mahurin well. Planning 8s Zoning Commission September 23, 1998 Page 13 b. Borough Planning Bryson reported a meeting was held on September 14, 1998. The consent agenda was approved as submitted. Under public hearing items there was a petition to vacate a portion of a seismograph trail in the plat that was originally filed by the Ninilchik Native Association on the large tracts. The original plat was a paper plat and was not surveyed. The argument at the time by that Association's surveyor was the plat met the requirements of the State law providing rights of way and these were provided by seismograph trails that were dedicated. By the nature of seismograph trails they come through at angles and they're not aligned northerly and easterly. The applicant was petitioning to eliminate a seismograph trail that goes through one of the lots and realigns it around a nominally square tract. This situation would occur on many of those tracts. There were numerous individuals who protested the petition and as a result, the item was postponed to the Borough's second October meeting pending discussion between interested groups. The second item was a petition to vacate a portion of a public right of way in Bayview Gardens. This was approved. There were several options available. Item 3 was a petition to vacate public recreational use. Bryson explained, this was a requirement on the face of the plat and it was felt it had to be eliminated. This is the site of the new hospital improvements that are going in Homer. This was passed unanimously. Item 4 was a petition to reclassify 23.3 acres of land along the west side of Kalifornsky Beach Road. This is the Old Village and includes the old cemetery and it is proposed to be transferred to the Native Association. They've indicated that it will be managed in an appropriate way for the property. Item 5 would delegate to the City of Seldovia the power to provide zoning regulations and was recommended to be approved. The remaining items were approved and consisted of minor building setbacks. There were 25 plats to come before the Plat Committee, however due to the magnitude of the review, they were moved to another day. c. Administration Kebschull apologized the Borough report was not copied accurately and asked members to give her a call should they want a complete copy. Planning & Zoning Commission September 23, 1998 Page 14 9. PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska stated he didn't understand what changed with the passage of the conditional use permit code and wanted to know how that would tighten things up. Schrag demanded examples be given as he wanted to know how it would affect those items that were changed recently. Schrag pointed out there was a legal opinion by a lawyer that said it was a bad way to go and that it was going to make it easier. Glick responded the amendment would not make it easier to get a conditional use permit, but would simply make it easier to understand and bring it more in compliance with what was done in the Land Use Table because of the conflicts there. Kebschull added staff's concerns were those that were voiced about the inconsistency with regard to principal uses and that would not allow conditional uses in those zones. This was not the intent of the Land Use Table so staff wanted clarification. Additionally, staff wanted it to be more specific as to the requirements for an application such as Item 2, "verification by the owner of property concerned if other than applicant." Kebschull stated the City had just been doing that, however it was not required in the code. Anyone could come in and apply for a conditional use permit even if they weren't the owner of the property. The amendment allows the individual to be the owner or provide proof. Kebschull reiterated, neither the application process nor the review is any easier. It just clears things up. Schrag stated that was a different interpretation because to him a barrier was taken away. Schrag also stated that was the crux of the whole problem. He continued, the reason there was so much dissent or disagreement was because the two plans, the intent of the zone and the Comprehensive Plan, aren't close enough together. Schrag wanted to know which one would take precedence. Schrag added, he didn't understand the DEC vote as they were just asking the applicant to do compliance to something that is already out there. Schrag continued, it seemed pretty simple to him since it wasn't asking for anything new; just asking for compliance for what is there. Schrag added, the Commission says come to us with your input and the reason people eventually don't come with input is because the Commission has to listen at some point. Schrag stated his neighborhood came to the Commission with 90% and they weren't listened to and it gets discouraging. Schrag reiterated that they had 30 people there and the Commission blew them off and that's why they are discouraged. 10. INFORMATION ITEMS: a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda. b. Letter to Karen Mahurin dated September 17, 1998. Planning 8~ Zoning Commission September 23, 1998 Page 15 11. COMMISSION COMMENTS AND QUESTIONS: ~} Commissioner Werner-Quade stated Mahurin will be sorely missed as she was one who has had considerable input to the Commission and often her comments were so needed and necessary. Werner-Quade stated that Mr. Coligan needed to amend his CUP in order to come into compliance as he had been guiding without the Commission's permission and the limit of three guides is appropriate. She added, that's why she voted to amended the CUP. Werner-Quade continued, she is saddened that fellow Commissioners do not believe that environmental concerns in the immediate area do not warrant a more in-depth search. When the Commission, as a body, turn a blind eye to the possible and probable pollution of one their finest resources, it was her opinion the Commission appeared draconian and in serious error. Commissioner Graveley asked Councilman Smalley how firm Council was on the reformatting of the Code. Smalley replied, the process begins with Planning and Zoning but didn't think that Council would be in objection. Smalley continued, as the City grows they find there are other areas of the Code where there are either conflicts or it's outdated. Graveley stated he wasn't concerned with the content of the code but how it is formatted or its layout. Smalley reiterated there shouldn't be any objection to looking at a reformatting. Graveley stated he understood this is already being done. Smalley thought that it is being done by staff. Kebschull responded Council appropriated funds to have the Code revised and reformatted by an outside company. Kebschull added, the work is currently being done and what Graveley is questioning is whether a new format for the code has been chosen and whether or not it's been reviewed by Council. Smalley said it hadn't been reviewed it was just brought to Council's attention by the City Attorney that the process is beginning. Smalley reiterated there won't be any changes just a reformatting. Kebschull noted the new format would be a two column layout. Graveley asked that Council grant the Planning and Zoning Commission the opportunity to review and/or comment on the new format and/or other formats before approval is made. Graveley noted that he didn't care for the new format as it's not a whole lot different from the current code and isn't conducive to the business. Smalley stated, again council would rely on the administrative input they receive in making that decision. Smalley would make that request to Council. Commissioner Nord referenced the amendment to the conditional use permit that came before the Commission. She added, it was her understanding this amendment was strictly to allow for a guiding business and had nothing to do with DEC. That is why she voted against the DEC item. The other reason was, being a Realtor, she was aware of some of the requirements of DEC and the two-acre lot was at least 200 feet wide and 400 feet deep and there certainly Planning 8v Zoning Commission September 23, 1998 Page 16 was a way that this gentlemen could get his separation distance. Additionally, ,~ as Bryson pointed out, even if he could not, DEC could make a determination and provide a waiver for the situation. Nord continued, the Commission had just heard testimony that it may not be in compliance with DEC but that does not mean that they would not meet the requirements of DEC. Nord added, the Commission is not a policing body and cannot tell somebody they must be in compliance with another body and that was another reason she voted against the DEC requirement. Nord encouraged City Council to schedule the work session on Title 14 as soon as possible. Commissioner Bryson explained, the action taken on the conditional use permits effectively makes recommendation to Council. There will be hearings at the Council level before it's adopted. Bryson encouraged those who feel strongly about it to attend the meeting. Commissioner Mahurin stated she leaves with sadness as she enjoyed her time with Planning and Zoning. Mahurin thanked everyone for the time they give and even though it can be a thankless job and a lot of time is spent soul- searching and researching and the Commission does a tremendous amount of work, she just wanted everyone to know she appreciates the job. Mahurin continued, on a personal level the Commission has indulged her and her sense of humor and put up with her and she appreciates that too as she looks at everyone as friends and as Smalley said, they don't always agree but agree to disagree. Mahurin expressed her appreciation to Kebschull and Roper. Kebschull has been a tremendous help. Mahurin stated she hated to lose Roper but she understood she's going to greener pastures. Mahurin hoped the public would continue their input as it is easy to get disenchanted with what is perceived as government. However, Mahurin stated she believes in the process and it works and she encouraged the public to keep following by making sure there are people put into place that would also follow the process. Mahurin encouraged the public to keep coming to the public hearings and noted she will too as she is a property owner and resident in Kenai. Chairman Glick stated the Commission will miss Mahurin as she brought up a lot of good issues that personally made him think a lot of times about what was going on and sometimes he changed his mind. Commissioner Bryson asked Roper if this was going to be her last meeting. Roper replied that it was. Bryson thanked Roper for the work noting it was appreciated. Glick also stated that the Commission appreciated the work. Planning 8v Zoning Commission September 23, 1998 Page 17 Councilman Smalley, on behalf of the City Council, thanked Roper for the services and the efforts. 12. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8~ Zoning Commission September 23, 1998 Page 18 ,~J ~= STAFF REPORT To: Planning & Zoning Commission Date: September 25, 1998 Prepared By: JL/mk Res: PZ98-47 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK 99669 Requested Action: Legal Description: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Plat Shoreline Heights Subdivision No. 2 RR--Rural Residential Undeveloped Medium Density Residential City Engineer: Everything regarding this plat is the same as the version recorded on June 3, 1993 except an additional pedestrian easement dedication along the northern-most property line. It is being dedicated to accommodate set net fishing sites. Building Official: No comment. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-47 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-47 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat SHORELINE HEIGHTS SUBDIVISION NO. 2 was referred to the City of Kenai Planning and Zoning Commission on September 23, 1998 and received from McLane Consulting, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR-Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Municipal water system available to southeast corner 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are incorrect. North Kenai Road should be Kenai Spur Highway. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHORELINE HEIGHTS SUBDIVISION NO. 2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 14, 1998. 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L GOVT LOT 15 I I g i i ' ' i3~ I I ~~ I i~~ ----------1-------~ ~ ~ i WALT WARD BWNDARY SURVEY w e3FaY~TFn aespr3. 1 1R..Wr1 wWYYm a re. l~up ..n aY w1uW ewel ... ewer. w w K.M Palrie aeelpl .. weNe.N. Y.ote.na .r tie .wl.e. nw.l rw w Ie.Welay n..W.RIb N w w.rW DarweaE N Gae.nalW CR:eRVeetn. GER71Fl .~ OFD eewls n DEI11 .gnat Mer~i:eY act w e n...paa n.•aer wi w• p.: a auWYala: M OY ar M wn•anl NanM p~rgt~'-N-~oY we paru.,.~ a eewR er one aw a eo In• r Ream. Yoy> .W NaYN OMCa let w KrN PrlnwYO Boraurn PIATP' V11 mR e:ot .aa sw...a s• a. KEnw waxsw tKwaua eEwexwa ewass:aR w n.•er. el lore. .cRw eoWlsa. aaRauoR tv wwm.s alga N\\111 y4'4f..4~~ekr....:4* .PRL~iLfD ramie irwa ~iy~ arrr. ~ ~ ~a • - .RYa i rr e.YA Z (A RI}~Ygl 01 fI01pK MOWI. WaVl011 AIO •p..O111m R®QR.IN 4ffiOlT OmICRTW) Ran Ro•M oenr sarw, RR~ai .. ~aemat awn w: YA 9NRtm rnwl ao3v..clr tars un Inii ~i i~%t Y~Of t/+4~ i~ i~ww nisi or~ini /• MIRIRRY NL WTMw ¢Cea ?•. T. / N.. R. 13 .., ZY.. Mf.. M Ott Of Rqw, RR KFNw .U.MRRA .eROaW wo alE Kplw RffLe0110 asTUaT. Suewpr .I : aonRelM 0'eW ~ Doy : pax ,..e ~.w xe.: a3-u ~ne-oa w..tt.]t ~ 0 o t >; ' Z 1. ~ IOtl 'VR M Me. ~~~ STAFF REPORT To: Planning & Zoning Commission Date: October 1, 1998 Prepared By: MK Res: PZ98-48 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Parcel Number: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Jan Stiers 283-2695 518 Pine Avenue Kenai, AK 9961 1 Home Occupation Permit -Daycare Lot 3, Block E, Woodland Subdivision 04326059 RS-Suburban Residential Residential Medium Density Residential Applicant is applying for a Home Occupation Permit to operate a daycare from the residence at 518 Pine Avenue. The applicant was not aware that a permit was required until contacted by city administration. Contact was made as result of a complaint. The complainant noted that someone had moved into 518 Pine Avenue and there was a large banner advertising Wee Folks Daycare. When Ms. Stiers was contacted the sign ordinance was explained to her and she was advised that a banner was an illegal sign for a home occupation. Ms. Stiers removed the banner. The Kenai Peninsula Borough assessing information shows the legal owner of this property as Earl and Cindy Shineman, 3831 Eastwood Loop, Anchorage, AK 99504. The Shineman's have been sent a copy of this information with a letter advising that Ms. Stiers has applied for a Home Occupation Permit to operate from this property. Ms. Stiers is currently operating the daycare. The drawing provided by Ms. Stiers includes square footage for the property where the house is located. It should be noted that the square footage allowed (30 percent) only PZ98-48 Comment I Page 2 involves the residence. In this case, based on the information provided, the daycare would be allowed to utilize 690 square feet of the total 2300 square feet. Based on the information provided on the application, i.e., "State licensed home daycare for 8 children," it appears that the proposed business qualifies under KMC 14.20.230 for a Home Occupation Permit. RECOMMENDATIONS Staff has reviewed the attached application and recommends that a Home Occupation Permit be issued to Jan Stiers to operate a daycare at 518 Pine Avenue, Kenai, Alaska. ATTACHMENTS: 1. Resolution No. PZ98-48 2. Application 3. Site Plan CITY OF KENAI `} PLANNING & ZONING COMMISSION -- RESOLUTION NO. PZ98-48 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: DAYCARE OPERATED BY: JAN STIERS LOCATED: 518 Pine Avenue. Lot 3, Block E, Woodland Subdivision (Parcel #04326059) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on September 30, 1998 . 2. That the application has been reviewed by the Commission at their meeting of October 14. 1998 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that applicant can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 14th day of October 1998. Chairman ATTEST: ~7 ~' ~l ~' HOME OCCUPATION APPLICATION DATE: ~~-' tX~~~- NAME: `~~~~~~ PHONE: MAILING ADDRESS: ~ ~~'~`"~ ~~ ; G~~ PHYSICAL ADDRESS: LEGAL DESCRIPTION: jCx: ~E PARCEL NUMBER: (~'-~ ~~~ (~ ~:``, ~ j ZONING: },~, `~; -' DESCRIPTION OF OCCUPATION: ~~=~7~_2--~-~~ - S~~ ~~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the gross floor azea of all buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot. including the residence and any accessory structures. In addition. show parking areas and traffic patterns. Clearly mark the area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building which aze accessory thereto. Any building used for a home occupation sh~,31 be wholly enclosed. Applicant's Signature: _.~L ~~L.--~ Date: ~ °~~ 9~' I, , Application reviewed and approved by: ~~~ Tanning & Zoning Offic'al Date: /1~ ~ ~' Approved by the Planning & Zoning Commission: Date: / I r ,c ,~ o :f~ ~ ~nt . _ ~. ~~ v a~~< - i ~~~~~ ~,~~ i Aso ~ ~~° s~ ~~ ~.~ ~ ° ,~ ~ ~ Z ~ .. A ~'~"'~ ~, ~ -a ~ ~~ ~~ ~ ~~~~ ~~ 7~~ 1 ~~---e_ /~.~~~ 3G 7vz9, z JS Jan Stiers 518 Pine - KENAI,ALASKA 99611 -USA Phone 907-283-2695 -Fax 907-283-1Aa3 September 29, 1998 City of Kenai I am asking to be put on the agenda . My neighbor Joe Hams at 520 Pine Ave. has made and issue of my sign. I seem to be the only one that the city is concerned about and also the only day care they are asking for a Home Occupation License for. Either all of the home businesses in the city need to abide by this or I need to be left in peace as I have left everyone else for the past 30 years. Driving thru Woodland I find over 30 signs in violation. Have they been sighted. NO! Sincerely, JAN STIERS ~_ _.. our name goes here r.~_.._ --._ . __ . ~.~ ~ . ~,~ ., E ..: ~~ CITY OF KENAI " G~ ~ y4~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 MEMORANDUM 'III~1 ,~: 'MF TO: Planning & Zoning Commission ~ ~~, ~' FROM: Cary R. Graves, City Attorney DATE: October 8, 1998 RE: Amendment to KMC 12.25.030 -Junk Car Ordinance Attached is a draft of a revision to the "junk car" ordinance KMC 12.25.030. The current ordinance was challenged in Rates v. Kenai on the grounds that it was unconstitutionally vague. The Court of Appeals held the ordinance was constitutional-but just barely. The court did not think the ordinance provided a clear definition of what a junk or non-operating car was. It required the District Court to make specific, factual findings as to what made the car in question "non- operating." That requirement has made proof of violations of the current KMC 12.25.030 much more difficult. The amendments are designed to set clear standards as to what constitutes a "junk vehicle," thereby making enforcement easier and more efficient. It would also provide the public with clearer notice as to what is not allowable. If you have any questions regarding the proposed changes, please feel free to stop by my office here at City Hall or give me a call. CRG/sp 12.25.030 Leaving of [WRECKED, DISCARDED, NON-OPERATINGI Junked or Illegally Parked Vehicles: (a) No person shall leave any [PARTIALLY DISMANTLED, NON-OPERATING, WRECKED, OR] junked vehicle on any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and/or posted times, periods, or conditions. Any such vehicle shall. be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any [PARTIALLY DISMANTLED, NON- OPERATING, WRECKED,] junked [, OR DISCARDED] vehicle to remain on such property longer than 72 hours; and no person shall leave any such vehicle on any property within the City for a longer time than [48] 72 hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (Ord. 874) (el Notwithstanding the provisions of subsection (c). if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the ~ City Manger may authorize a period of no more than thirty (301 days for the performance of such repairs. In no case. however. may this section be construed as authorizing the operation of a jui and or other salva eg or repair business where other reduirements of the law have not been met Sfj "Junk vehicle" means a motor vehicle that is: (1) Not currently registered for operation upon the public roads of the Cit.X.; ,(2) In a condition which exhibits two of the following elements: i. A substantial amount of broken or missin lass; ii. Missing two or more wheels or tires; iii. Missing a body panel or body part, such as quarter panels} bumper, trunk lid or hood; iv. Missing an essential component such as the engine, transmission carburetor, distributor, brake or wheel cylinder. brake shoe, generator, or alternator, starter. front passenger seat, or drive shaft. (3) Stripped. wrecked or otherwise inoperable due to mechanical failure; or (4) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. ~ G MEMO: CITY OF KENAI „ cat ~~ °~ ~~~„ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-2833014 'I~ uv: .~ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: September 30, 1998 SUBJECT: NOVEMBER MEETING DATES Your first meeting in November, November 11 ~`, is a holiday. How does the Commission want to handle this conflict. You may ask Council to reschedule or cancel the meeting. The Commission should also discuss the November 25~' meeting. It is the night before Thanksgiving. If the Commission would like to change this date, a request should be made to Council. ~~, CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'illi- „_ MEMO: TO: Cary Graves, City Attorney FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: September 17, 1998 SUBJECT: CODE VIOLATION - TRIPLE T AUTOBODY In mid-July, Bob Springer received a complaint from an anonymous citizen that an autobody shop was being operated from a residence at 3520 Beaver Loop Road. I verified with KPB Sales Tax that Tom Trible was registered to collect sales tax from that address. He registered on April 1, 1997. A certified letter was sent to Mr. Trible on July 20, 1998, advising he was in violation of the KMC and that a Conditional Use Permit was required to operate a business in a residential area. Mr. Trible came to City Hall on July 27`" and picked up an application for a CUP. At that time, he stated he would be submitting the application for the August 26`" meeting. The application was not submitted. On August 18 a second certified letter was sent to Mr. Trible. This letter was signed for on August 19`". As of this date, no response has been received from Mr. Trible. How should I proceed? CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 1II~~1 ~~: October 9, 1998 Tom Triple Triple T Autobody 3520 Beaver loop Road Kenai, AK 99611 RE: Code Violation -Conditional Use Permit Dear Mr. Triple: Certified #Z 101 763 880 On July 20, 1998 a certified letter was sent to you informing you that you were in violation of the Kenai Zoning Code by operating an auto repair shop in a Rural Residential zone without a conditional use permit. You came by City Hall on July 27, 1998 and picked up an application for a conditional use permit. To date you have not submitted that application. You are still operating your business in violation of the Kenai City Code. If you do not file an application for the conditional use permit within fourteen (14) days of the date of this letter, an action in court will be filed to require you to cease operation. In addition, the court may impose civil penalties of up to $1,000 per day. If you have any questions, you may call my office. Very truly yours, CITY OF K AI .Graves City Attorney CRG/sp Cc: Planning & Zoning Commission (Copy also sent via regular mail.) ~~ CITY OF KENAI -- ~~ e~:~~ ~ 1a~~-- .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~ 'IIII~ 1992 October 7, 1998 Shannon Fitt Peek A Boo Place 1702 4th Avenue Kenai, AK 99611 RE: HOME OCCUPATION PERMIT Dear Ms. Fitt: As I stated during our conversation today, Kenai Municipal Code 14.20.230 requires that your obtain a Home Occupation Permit to operate a daycare from your residence. I understand that you were not aware of this requirement. Attached is an application and copy of this section of the code. Please complete the application and return it to me. I have noted that you will be out of town until October 19th and will complete the application on your return. If I can provide further information or assistance with the application process, feel free to contact me. Sincerely, ~ Marilyn Kebschull Planning & Zoning Administration Attachment: Home Occupation Permit Application Packet 4 AGENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER 7, 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) Jan Stiers -- Home Occupation Pernut/Woodland Subdivision ITEM C: PUBLIC HEARINGS P~%~~ GL • 1. Ordinance 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. ~~~~ ~ 2. Resolution No. 98-67 -- Awazding the Bid to Seekins Ford Peninsula Fora 3/4 Ton Pick-Up for the STP For the Total Amount of $25,028. /,Q~~,~~. 3. Resolution No. 98-68 -- Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. ~~~~ 4. Resolution No. 98-69 -- Awazding a Five-Year Contract for the Alaska Regional Aircraft Firefighting Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. ~~ ~2~~~ 5. Resolution No. 98-70 -- Transfemng $16,618 in the Airport Land System Special Revenue Fund for aFull-Time Department Assistant II Position. ~ ~~~~ed ~ 6. Resolution No. 98-71 -- Accepting the Preservation Plan for the City of Kenai. -1- ~~~z~ ~ 7. Resolution No. 98-72 -- Transferring 86,980 in the Animal Shelter Capital Project Fund. /~~~~~~8. Resolution No. 98-73 -- Supporting 'I~~o Capital Improvement Project ~~~~ Lists For 2000-2002 STIP Funding. 9. 1998/99 Liquor License Renewal -- WITFIDRAWAL OF PROTEST ~~~~~'~~~' Alaskalanes, Inc. 10. *Traasfer of Liquor License -- Little Ski-Mo Drive Inn, Ronald S. Yamamoto to Little Ski-hoes Burger & Brew, L&M Ventures, Inc./Beverage Dispensary. 11. *Restaurant Designation Application -- Little Ski-Mo Drive Inn -- 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: NIINUTES *Regular Meeting of September 16, 1998. ITEM F: ITEM G: ~~'~~ 1. ~~~~ /v ~;7oa~f ~,h. 2. ~P~or'~/~ 3. ITEM H: ~fl~y,~-y`f~ 1. CORRESPONDENCE OLD BUSINESS Residence Requirement -- Vintage Pointe Manor Professional Services Contract -- James Carter Operations Agreement -- ARFF Management NEW BUSINESS Bills to be Paid, Bills to be Ratified -2- ;~i^B7f~~ 2. Purchase Orders Exceeding $2,500 3. *Ordiaance No. 179?-98 -- Removing the Current KMC 14.20.150 and Replacing It With a New KMC 14.20.150 That Is Compatible With Recent Changes in the Land Use Table and Which Provides for Closer Scrutiny of the Effects of Each Conditional Use Permit. 4. *Ordiaance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen -Borough Grant Fund for the Purchase of a Handicap- Accessible Vehicle. 5. *Ordinance No. 1799-98 -- Amending the Kenai Municipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." 6. *Ordinaace No. 1800-98 -- mending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. 7. *Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham Park. 8. *Ordinance No. 1802-98 -- Removing "Advisory" in the Kenai Municipal Code From the Names of Harbor Commission and Library Commission and Deleting the Name "Advisory" From Certain References to the Planning & Zoning Commission. ,1~D~/ 9. Approval -- Assignment of Lease/Lot 3, Block 4, General Aviation Apron -James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson III. ITEM I: MINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K• ADJOURNMENT -3- KENAI PENINSULA BOROUGH PLAT COMMITTEE PLANNING DEPARTMENT BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY R ~ SOLDOTNA, ALASKA CEI ~~ ' D SEPTEMBER 28, 1998 5:30 P.M. $~ ? ~ I9~ Tentative Agenda ~! pLgN GOF K N1N ENA! ~ EPARTMENr A. CALL TO ORDER Member:: B. ROLL CALL s~v~srACCi C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 2000 Wayne carpenter 1. Agenda Seward City Term Expires 1898 2. Member/Alternate Excused Absences Jim Skogstad ~ a. Wayne Carpenter Term Expires 2001 Ann whitrnore-Painter b. Leroy Gannaway Moose Pass Area Term Expires 2000 3. Minutes ALTEw~TES: a., September 15, 1998 Robert clefts D. NOTICE OF RECONSIDERATION/UNFINISHED BUSINESS Anchor Point Term Expires 2001 1. Piper's Haven Unit 4 Leroy Gannaway East of Sterling HWys~ Stariski Tower Homer City Term Expires 2001 KPB File 98-200 Abili Serve s on behalf of Emil In ram [ ~ y y g ] Reconsider 9/15/98 Plat Committee Action -requested by Commissioner Boscacci E. CONSIDERATION OF PLATS 1. Section Line Easement Vacation associated with Greening Vista North of Homer; Preliminary Seabiight Surveying on behalf of A. Sowls KPB File 98-184 2. Northern Solitude S/D Deep Creek Road; Preliminary Segesser Surveys on behalf of G. Van Oskolkoff KPB File 98-214 i 3. Griner S/D Three Sterling Highway, south of Anchor Point; Preliminary ~,. Anderson Development Consultants on behalf of D. Grebe ~.. ~~ ~ < ~ KPB File 98-215 ~~` t 4. Silver King Camp Five '; ~~~~ south of Anchor Point Road; Preliminary ':'' ``~' Anderson Development Consultants on behalf of D. Gabriel 8~ J ~~~~'~ Hendershot ~- ~ , ... , ` ` T` ' KPB File 98-218 5. Tem Lake Estates Hetrick Replat Tem Lake; Preliminary Johnson Surveying on behalf of J. Hetrick KPB File 98-216 6. Kasilof Alaska S/D 1998 Addn. K Beach Road, Kasilof area; Preliminary McLane Consulting Group on behalf of T. Mathews KPB File 98-221 7. Sunrise View S/D Kenai Lake/Quartz Creek; Preliminary McLane consulting Group on behalf of KPB KPB File 98-225 Postponed by staff to October 26, 1998 8. Glover Acres No. 5 south of Stariski Creek; Preliminary Ability Surveys on behalf of L. Glover KPB File 98-219 9. Nashwoods S/D Phase 2 northeast of Nash Road & Seward; Preliminary Cline 8 Associates on behalf of CIRI KPB File 98-220 10. Iris Meadows east of McNeil Canyon; Preliminary Mullikin Surveys on behalf of D. Reutov KPB File 98-222 11. Razdolna 1998 Addn. northeast of Homer, east of Swift Creek; Preliminary Mullikin Surveys on behalf of I. Basargin KPB File 98-223 12. Stanley's Meadows No. 17 east of Falls Creek; Preliminary Mullikin Surveys on behalf of W. Jones KPB File 98-223 13. Seldovia Townsite U.S. Survey No. 1771 Lot 4-A Block 26 Seldovia City; Preliminary Gene E. Lequire on behalf of W. Polsky KPB File 98-188 F. ADJOURNMENT The next regularly scheduled Plat Committee meeting is October 12, 1998 at 5:30 p.m. in the Planning Department (top floor) in the Borough Administration Building, 144 North Binkley, Soldotna. KENAI PENINSULA BOROUGH PLAT COMMITTEE PLANNING DEPARTMENT ~~~ BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA, ALASKA OCTOBER 12, 1998 5:30 P.M. Tentative Agenda RF~F V D ~~/ , . o~ A. CALL TO ORDER Members: B. ROLL CALL Pe99Yeoscacci Seldovia city C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 2000 Wayne Carpenter 1 • Agenda Seward City Term Expires. 1899 2. Member/Alternate Excused Absences Jim Skogstad Hope a. No excused absences requested. Term Expires 2001 Ann Whitrnore~ainter 3. MlnUteS Moose Pass Area Term Expires 2000 a. September 28, 1998 D. UNFINISHED BUSINESS ALTERNATES: Robert ciutts 1. Wapiti Acres; Anchor Point Echo Lake Road; Preliminary Terrn Expires 2001 Swan Surveying on behalf of Bill & Marcia Ward Leroy Gannaway KPB File 98-191 Homer city Term Expires 2001 Post oned from 9/15/98 p E. CONSIDERATION OF PLATS 1. Georgine Lake Subdivision Hoyt Addition North Kenai; Preliminary McLane Consulting Group on behalf of James & Karen Hoyt KPB File 98-229 2. Section Line Esmt Vac. assoc. w/ Deed KRD BK 88 PG 999 Kasilof; Preliminary Johnson Surveying on behalf of Michael & Vicky Trujillo KPB File 98-230 3. Gruening Vista 1998 Addition Homer area; Revised Preliminary Johnson Surveying on behalf of The AK Int'I. Educ. Fdn., Inc i KPB File 98-084 i Portion to be vacated is bounded by Lots 2 thru 7 of said subdivision. Sec 27, T1N, R1W, S.M., AK. Location -Seward Highway approximately'/a mile northerly of Seward City Limits; KPB File 98-125 [Submitted by Elizabeth Dunn as co-petitioner with Fred Moore and Joanne C. HooglandJ; carried forward from July 27, 1998 Postponed to October 12,1998. Q. ADJOURNMENT The Plat Committee will meet September 28, 1998 at 5:30 p.m., Planning Department, Borough Administration Building, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is October 12, 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 October 12, 1998 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kachemak Bay Advisory Planning Commission September 17, 1998 Agenda 2. Moose Pass Advisory Planning Commission September 15, 1998 Correspondence and Minutes 3. September 14, 1998 Letter from Cook Inlet Keeper Regarding the Viapan Lake Management Plan 4. Kenai Peninsula Borough Trails Commission September 10, 1998 Minutes Touchstone, Volume 8, No. 3, September 1998 6. Decision on Appeal and Findings of the Board of Adjustment; Appeal of G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate a portion of the ten foot utility easement within the easterly ten feet of Lot 3-A, Meadow Ridge Subdivision (plat 97-46 HRD) within Section 31, Township 4 South, Range 13 West, Seward Meridian, Alaska. Vacate a ten foot long, five foot wide area situated 14 feet northerly of the southeast corner of said lot; five feet west of the easterly lot line. Generally located east of North Fork Road northerly of Epperson Knob; KPBPC Resolution 98-53; KPB File 98-212 2. Vacate the ten foot utility easement within the northerly ten feet of Lot 1, Block 1, Sprucewood Manor (plat K-1606 KRD); within Section 25, Township 7 North, Range 12 West, Seward Meridian, Alaska; within the Kenai Recording District. Generally located in the Miller Loop/Cabin Lake area; KPBPC Resolution 98-54; KPB File 98-213 H. SPECIAL CONSIDERATIONS -None I. CONSIDERATION OF PLATS 1. Fourteen plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. 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; carried forward from January 26, 1998 Postponed until brought back to the Commission by staff: KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS ,} BOROUGH ADMII~IISTRATION BUILDING / ' 144 NORTH BINKLEY SOLDOTNA,ALASKA September 28, 1998 7:30 P.M. Tentative Agenda Jobn Hammelman Chairman Areawide Tenn Expires 1999 Philip Bryson vice chairman Kenai City Term Expires 2001 Ann Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 2000 Peggy G.h3oscacci PC Member Seldovia City Tenn Expires 2000 Wayne Carpenter Pc Member reward city Tema Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 2001 Wes Coleman PC Member solaotna city Tenn Expires 1999 Leroy Gannaway PC Member Homer City Tern Expires 2001 Ellis Hensley, Jr. PC Member Niluski Term Expires 1999 Brent Johnson PC Member Kasilof Area Tenn Expires 2000 Jim Skogstad PC Member Hope Term Expires 2001 A. CALL TO ORDER B. ROLL CALL 9 FcF~~F ~? O ~~ C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to cxrnrnent on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to canment. 1. Time Extension Requests a. Aurora Borealis, Wild Haven Addn No. 2 [requested by Roger Imhoff, RLS] Location: South of East End Road east of McNeil Canyon KPB File 97-200 b. Lands End No. 2 [Requested by subdivider Jon Faulkner] Location: end of Homer Spit within Homer city Limits KPB File 97-230 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 1 F. ADJOURNMENT The next regularly scheduled Plat Committee meeting is October 26, 1998 at 5:30 p.m. in the Planning Department (top floor) in the Borough Administration Building, 144 North Binkley, Soldotna. easement to be vacated in bounded on the east by Kalifornsky Beach Road right-of--way and extends westerly approximately 470 feet. Said Section 25 is within Township 4 North, Range 12 West, Seward Meridian, Alaska; and the Kenai Recording District; KPB File 98-228 [Michael Trujillo, petitioner] 4. Permit Application for a Sand, Gravel or Material Site; Ninilchik; Paul and Sue Simonds. Postponed to October 26, 1998. 5. Ordinance 98-61: Amending KPB Chapter 5.14, Kenai River Systems Habitat Protection Tax Credit 6. An Ordinance Incorporating the 1998 Kenai Peninsula Borough Trail Plan as an Element of the Kenai Peninsula Borough Comprehensive Plan G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Silver King Ten -Building Setback exception Location: Anchor Point KPBPC Resolution 98-56 KPB File 98-237 I. CONSIDERATION OF PLATS 1. Twelve plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, 3 KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS `~ BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA,ALASKA October 12, 1998 7:30 P.M. Tentative Agenda RF E ~D U(,'~ _ ~ 1998 cr --~~~. ~ _N C; ~n C K ~ N~ 41 A. CALL TO ORDER --~. john Hammehnan Chaimran B. ROLL CALL Areawide Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT ~liP AGENDA Vice chairman Kenai City Term Expires 2001 All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion There will be no separate discussion of these items unless a Planning Commissioner or Ann Whiftnore-painter, someone from the public so requests, in which case the item will be removed from the consent agenda and Parliamentarian considered in its normal sequence on the regular agenda. Moose Pass Area Term Expires 2000 Ifyou wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the mceting begins, and she will inform the Chauman of your wish to Peggy G.13oscacci c°mument. PC Member Seldovia City T E i 2000 1. Time Extension Requests erm res xp M~,~~r a. Lucky Horseshoe Estates No. Three sewardcity Location: Sterling Highway in the Happy Valley area Tern Expires 1999 KPB File 97-168 [Jerry Anderson PLS] Robert Clutts PC Member Anchor Point b. Hooting Owl S/D Tenn Expires 2001 Location: Sterling Highway south of Clam Gulch wescoleman KPB File 96-083 [Segesser Surveys] PC Member Soldotna City Term Expires 1999 2. Plats Granted Administrative Approval Leroy Gannaway PC Member 3. Plats Granted Approval Under 20.04.070 -None Homer City Tern Expires 2001 4. Plat Amendment Requests -None Ellis Hensley, Jr. PC Member ~ 5. Coastal Management Program T xpires 1999 a Mt J ° ~ a Coastal Management Pro ram Consistenc Reviews -None p ~ , . g y Kasilof Area Tern Expires 2000 b. Conclusive Consistency Determinations Received from Jim Skogstad DGC -None PC Member Hope Term Expires 2001 c. Administrative Determinations -None Postponed to October 26, 1998. Q. ADJOURNMENT The Plat Committee will meet October 12, 1998 at 5:30 p.m., Planning Department, Borough Administration Building, Soldotna. FUTURE MEETINGS _ PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is October 26, 1998 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is October 26, 1998 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Cooper Landing Advisory Planning Commission October 15, 1998 Agenda PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 250 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS Anchor Point Advisory Planning Commission October 6 Moose Pass Advisory Planning Commission October 7 Funny River Advisory Planning Commission October 12 Cooper Landing Advisory Planning Commission October 15 Kachemak Bay Advisory Planning Commission October 15 BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL BY CITY MANAGER RICHARD A. ROSS OF RESTRICTIONS PLACED ON A VARIANCE IN FIVE IRONS HEIGHTS SUBDIVISION Case No. BA-98-6 I. DECISION The appeal of Richard A Ross, City Manager, is GRANTED II. PROCEDURAL HISTORY On July 1, 1998, Richard A. Ross, acting as City Manager, applied for a variance for lots in Five Irons Heights Subdivision. Five Irons Heights adjoins the Kenai Municipal Golf Course (see Attachment A). The City Administration intends to sell the lots for construction of private houses along the edge of the golf course. The Five Irons Heights subdivision was declared not needed for a public purpose and available for sale by Ordinance 1785-98. There was no opposition to the ordinance at the public hearing on June 17, 1998 and it passed unanimously. Another public hearing had been held on the issue by the Planning & Zoning Commission on May 27, 1998. There was no opposition to the sale, and a resolution by the Commission supporting the sale passed unanimously. The City has made it clear it intended to develop the property for residential purposes since 1984. Water and sewer was stubbed out to the property in 1984-85. At that time, the City prepared plats for the property containing seven lots in Block One BOARD OF ADJUSTMENT DECISION Page 1 of 11 and eight lots in Block Two. The final plat approved in 1997 contained 13 lots rather than the original fifteen. The subdivision is located in a Recreation Zone (R). It was included in the Recreation Zone in 1991. The minimum lot size for the Recreation Zone is 20,000 ft2. The lots in question vary in size from 15,251 to 21,112 ft2. The requested variance is to allow a reduced lot size on twelve of the thirteen lots. The request would limit construction of the seven lots on Block Two of Five Irons Heights Subdivision to single-family residences only. Townhouses, which are single-family residences under the Kenai Zoning Code, would be precluded by deed covenant on Block Two. The six lots in Block One would be limited to one and two-family residences. Townhouses would be restricted by deed covenant to two per original lot on Block One. The property directly across the street from Five Irons Heights Subdivision is zoned Rural Suburban (RS). In an RS zone, a 14,400 ft2 lot allows construction of a six-family dwelling. Thus, lots of equivalent size located across the street would support a permitted principal use of a six-plex. The City of Kenai Planning Commission held a public hearing on the permit application on August 12, 1998. Three people testified against the variance request. Two of the three were opposed to any development on the lots, even development that would not require a code variance. They complained of existing traffic on Lawton and worried about the increase in traffic. The third person was mainly concerned about the lot size. He preferred to have the variance denied to leave the lot size at 20,000 ft2 per lot. BOARD OF ADJUSTMENT DECISION Page 2 of 11 After debating the issue, the Planning and Zoning Commission approved the variance by a vote of six to zero with one amendment. The six lots on Block One were restricted to single-family residences only rather than one and two-family as requested. The City Manager filed an appeal of the Commission's decision to place a restriction on his variance request. The decision to grant the variance was not appealed. Thus, the issue appealed in this case is not whether the variance should have been granted, but whether the restriction of only single-family residences should have been placed on the six lots of Block One. This Board has previously expressed its reluctance to go beyond the issues appealed in reviewing decisions of the Planning & Zoning Commission. The Kenai City Council acting as the Board of Adjustment heard the appeal on September 2, 1998. City Manager Ross spoke on the Administration's behalf. Four residents of the area spoke against the appeal. Two of those were against any development of the property. .The third indicated, while he personally opposed the variance, he thought the P&Z decision was a fair compromise. The fourth thought only single-family residences should be allowed on the property. One other area resident was concerned about the possibility of triplexes and four-plexes being allowed on the property by conditional use permit. The City Administration pointed out deed covenants on the property were designed to prohibit three and four-family dwellings. In addition, two residents of the MAPS neighborhood spoke. (The MAPS neighborhood is on the other side of the Kenai Spur Highway approximately one-half BOARD OF ADJUSTMENT DECISION Page 3 of 11 mile from the golf course area.) Their testimony focused on concerns about the variance and conditional use permit process. In order to evaluate the City Manager's proposal, we need to compare it to the development that would be allowed on the property if it were re-platted to 20,000 ft2 lots as ordinarily required in a Recreation Zone. CITY MANAGER'S PROPOSAL RE-PLATTED AS ALLOWED IN RECREATION ZONE Total number of lots 13 10 Lots in Block One 6 4 Lots in Block Two 7 6 Triplexes allowed'? No Yes Duplexes allowed? Only in Block One Yes Single-family dwelling allowed? Yes Yes Total number of housing units allowed 19 30 Housing units allowed in Block One 12 12 ', Housing units allowed in Block Two 7 18 Commercial development allowed? No Yes III. DISCUSSION AND FINDINGS A. A PROMISE BY ONE COUNCIL MEMBER DOES NOT BIND THE ENTIRE COUNCIL AND CITY OF KENAI. It has been argued that the City promised to keep the area a green strip and is therefore prohibited from allowing development. The person raising the issue stated during the hearing that John Williams told him in 1981 or 1982 the land by the golf course would never be developed. We must note that John Williams was elected Mayor in 1986. Assuming the statement was made, it was made four or five years before John Williams was elected Mayor and it was made by a private citizen-not an elected official. BOARD OF ADJUSTMENT DECISION Page 4 of 11 The City of Kenai is a Council/Manager form of government. KMC 1.05.010. The Council, by state law and city code, is a collective decision-making body. Decisions are made by the majority of the Council. If a member of the Council had authority to bind the entire Council by a promise, he or she could remove the decision-making authority from the rest of the elected Council simply by making a promise. Thus, if the six other members of Council wanted to pursue a particular public policy course, a Council Member could overrule them by making a "promise" during a conversation. What if individual Council Members made conflicting promises? Would the Council then be bound to pursue two conflicting policies? We do not think it can be seriously argued an individual Council Member's promise can bind the other 7,000 citizens of the City and the rest of the Council without any sort of public hearing or public debate. Yet that is exactly what some opponents of the variance argue. An individual Council Member does not have the authority to bind the Council or the City by making a statement or promise B. RESIDENTIAL USE OF LOTS IS ONE OF THE INTENDED PURPOSES OF THE RECREATION ZONE. 1) KMC 14.20.145(a) states in part, "The Recreation Zone (R) is intended to contain both public and private land to be utilized for recreation and residential purposes" (emphasis added). It is clear that the residential development such as envisioned in Five Irons Heights is what was intended for the Recreational Zone. Some of the public opposition is based on a desire to prohibit any sale or development of the property. As noted, the stated intent of the Recreation Zone is for BOARD OF ADJUSTMENT DECISION Page 5 of 11 residential development. The City intended the property to be developed for residential use when it was zoned Recreation in 1991. We understand the desire to keep a neighborhood as it is. We too have felt the twinge of nostalgia to keep things the way they were in the old days. But that is neither possible nor desirable. The desire to keep others out of the neighborhood is not a reasonable basis to impose the variance restriction. The greater public good is to sell the property to raise money for amulti-purpose recreation center that all 7,000 citizens can use rather than to keep the golf course neighborhood restricted to the current few. Two advertised public hearings were held on the issue and not one citizen spoke in opposition to the sale of the property at those times. If the property is not sold, there will be no multi-purpose recreation facility built. 2) One of the persons testifying against the variance request and residential development in the area stated the area water pressure already drops 50 % when the golf course waters the greens. The statement was made to support the argument that no development should be allowed. We note the golf course has its own well that is separate from the City water system. Therefore, the golf course watering cannot have any effect on water pressure in the area. C. TWO-FAMILY DWELLINGS (DUPLEXES) ARE AN ALLOWED USE IN THE RECREATION ZONE. There are eight principle uses allowed in the Recreation Zone; 1) one-family dwelling; 2) two/three-family dwellings; 3) theaters/commercial recreation; 4) churches; 5) parks and recreation; 6) essential services; 7) farming/gardening; and 8) off-street parking. The City Manager's proposal would prohibit theaters/commercial BOARD OF ADJUSTMENT DECISION Page 6 of 11 recreation from the lots in both Block One and Block Two. It would also prohibit two/ three-family dwellings on the lots in Block Two and three-family dwellings on the lots on Block One. It appears from the record that some of the opposition was based upon the desire to keep two-family dwellings out of the zone. The problem we have with that is the zoning code specifically allows two-family dwellings in the Recreation Zone. Thus, it has been legislatively determined that two-family dwellings are consistent with the intent of the Recreation Zone. We do not think the variance restriction should be used to prohibit an otherwise acceptable use in the zone. D. THE VARIANCE REQUEST WOULD RESULT IN LESS RESIDENTIAL DEVELOPMENT THAN OTHERWISE ALLOWED IN THE RECREATION ZONE. There are six lots in Block One. Five are 15,251 ft2 each. The sixth is 18,251 ft2. If the lots in Block One are required to be 20,000 ft each, as set forth in the Development Requirements Table, there would be four lots rather than six on Block One [(15,251 x 5) + 18,251 = 94,506; 94,506/20,000 = 4.7]. Thus, by code, the City could subdivide the block into four 20,000 ft2 lots without a variance being required. If that were done, the buyers could (under the Land Use Table) put triplexes (three-family dwellings) on each of the four lots for a total of twelve housing units on Block One. The City Administration has requested a variance to make six lots with a maximum of two-family dwellings on each lot. The maximum number allowed under the City's request would be twelve-the very same number that BOARD OF ADJUSTMENT DECISION Page 7 of 11 would be allowed if there were only four lots. Thus, residential density on Block One would not be increased by the City Administration's request. There are seven lots in Block Two. Five have 16,002 ft2; one has 19,002 ft2; and one has 21,112 ftz. If they were platted into 20,000 ftz lots, Block Two would contain six lots instead of seven [(16,002 x5) + 19,002 + 21,112= 120,124; and 120,124/20,000= 6]. Since three-family dwellings are allowed in the Recreation Zone, eighteen housing units could be built in Block Two. Under the City Manager's plan, only seven housing units would be built in Block Two. Thus, the City Manager plan calls for over 60 % less housing units than would otherwise be allowed in Block Two of Five Irons Heights Subdivision. The City Manager's request makes the development more restrictive than is currently allowed. If the lots on Block One and Block Two were simply re-platted to the required size of 20,000 ftz as some have suggested, the property owners could build, without any variance or conditional use permit, thirty housing units (ten three- family units) or commercial recreational development (for example, a go-cart track). Instead, the City would restrict all commercial development and allow a maximum of nineteen housing units. Under the City Manager's plan, eleven fewer housing units would be allowed than under the land use table. E. THE VARIANCE WOULD NOT INCREASE TRAFFIC OVER THE LEVEL OF CURRENTLY AUTHORIZED DEVELOPMENT The opponents argue increased traffic would be dangerous. That argument overlooks the fact that under the current zoning classification (Recreation) up to thirty housing units could be built on the property. The Ciry Manager instead wishes to limit BOARD OF ADJUSTMENT DECISION Page 8 of 11 development to a maximum of nineteen units. Any residential development creates increased traffic. If any increase in traffic were dangerous, the logical conclusion would be to halt all development. The question then is not whether traffic will increase, but whether it will increase over the amount anticipated in the zoning code. Since the zoning code anticipates traffic of up to thirty housing units on the two blocks and the development would only allow nineteen housing units (seven on Block Two and twelve on Block One), the increase in traffic would be less than anticipated by the zoning code. Would the traffic from six duplexes on Block One be noticeably greater than that of four triplexes? Since both contain twelve housing units, we do not think the traffic would be greater. Obviously the traffic created by nineteen housing units is less than that which would be created by thirty housing units. We recognize that threats about children being run over make good "sound bites" for the media, but we must examine the facts. Every member of the Board of Adjustment is a parent-two are grandparents. To assert that the City and the Board are indifferent to the safety of children is a total distortion of reality. The facts are that the City Manager's proposal would reduce-not increase-traffic potential over that which is currently allowed by the code. III. CONCLUSION We cannot justify or uphold a variance restriction of two-family dwellings on Block One when: 1) residential use is an intended use of the property in the Recreation Zone; 2) two-family dwellings are an allowed use in the Recreation Zone; 3) the City BOARD OF ADJUSTMENT DECISION Page 9 of 11 Manager's plan would result in less residential development than otherwise authorized in the zone; 4) the increase in traffic would be less than that resulting from authorized development of the property; 5) recreational commercial development of the property would be prohibited. Therefore, we grant the appeal of City Manager Richard A. Ross. DATED this 30'~ day of September 1998. J. Wirlliams, Mayor .~i Measles,~Board Member L' da Swarner, Board Member ~ /. ,~ _ ~ es C. Bookey III, Board Mem (~~~'~'~ Jee oore, Board Member CONCURRING OPINION My preference would be to grant the variance without restricting any of the principle permitted uses in the Recreation Zone. However, I understand and agree with BOARD OF ADJUSTMENT DECISION Page 10 of 11 the Board's reluctance to go beyond the issues appealed. I therefore, concur with the Board's decision to grant the appeal to allow two-family dwellings on Block One of Five Irons Heights Subdivision. Duane Bannock, oard Member DISSENTING OPINION I would uphold the decision of the Planning & Zoning Commission. Therefore, I respectfully dissent from the opinion of the majority of this Board. ~;-~ Hal Smalley, Board Me r BOARD OF ADJUSTMENT DECISION Page 11 of 11 • ~~ ~~ . , 4 t + ~ • ~ C .j 1L • ~"'~ ' t ~ r I ~~ I I L ~.... a I ~ I o I 0 _ J w ~e ~o ~~ _ J ~11~4 4p M V Y VVVV a J ~--- I ~ - 0 J /i r .~-~ .rw w 1 N l Jlfi (U ~ o ~ 3 ~_ .~+ •- (LJ ° ~ o 3 - J~ ~ (U o ~ 3 0 ~D Jlil ~- fU ~ w ~ ~ ~~ ~ ~ (U > O a ~ j o ~ ~O N Q*il .--~ C = tU 3 O ~ ~ S _ ~ W ~ ~ . .LC1Cl ----- w ~ ~~ ~ a j (U5t ~~ ~ ~ N ' u / ~ ~ (U Z ~„_, ~ ~ A (1J ~ ~' ] ~ s cn ~~ ..» J w ~ ~ 3 ~ W JJQi1..., N ~ N 3 ~ ~ -- JIQ1R1... O .-~. '/1s I=p papuypgnsu~ _ ~ """ ---fir--- Y 'S c 7 h C 7 33 R ~3 ~ ~` ~~ 1 £~ _~ ~~ g: ~~ h v N c ~j 'o E~ u~ o: 0 ~« n ~E aE ~~ ~v o• v~ c O ~ Y ~ o J ~ C ~~ ~ C n °> c o ~~ w Os ~~[ '~ ~ ~ ~, ~ ! N ~ti } y~/~ Q ~ ~! ~ ~ Old ; ~~~ I' ~ •~ ~~ I ~ I I I I I ~3 I I - - -----1 I~ I I •; I I ~~ e II \J II i I~ ~' - 1 ~r~ rTT~„-~,,--- - II- ~I~111JJ / 1 I t!I ~Jpd pOOMOaaQ ATTACI~IENT A BOARD OF ADJUSTMENT DECISION )~ ~ Suggested by: Planning 8v Zoning Commission CITY OF KENAI ORDINANCE NO. 1797-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REMOVING THE CURRENT KMC 14.20.150 AND REPLACING IT WITH A NEW KMC 14.20.150 THAT IS COMPATIBLE WITH RECENT CHANGES IN THE LAND USE TABLE AND WHICH PROVIDES FOR CLOSER SCRUTINY OF THE EFFECTS OF EACH CONDITIONAL USE PERMIT. WHEREAS, the current KMC 14.20.150 needs clarification to make it compatible with the Land Use Table in the Kenai Zoning code; and WHEREAS, the current KMC 14.20.150 does not provide for consideration of any significant negative impact that the proposed conditional use may have on the value of adjoining property and neighborhood; and WHEREAS, the current KMC 14.20.150 does not provide for review of the proposed conditional use to determine if it is in harmony with the City's comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that the current KMC 14.20.150 is now replaced with the following: 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; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adeauate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. 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 8v 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. 2. The modification application shall be subject to a public hearing and a filing fee. (fl 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 ORDINANCE 1979-98 Page 2 of 3 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1998. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (9/28/98 sp) day of October, October 7, 1998 October 21, 1998 November 21, 1998 ORDINANCE 1979-98 Page 3 of 3 l~r PLANNING 8z ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. '~ Art Graveley 2000 1612 Fathom Drive Kenai, AK 99611 283-4264 (home) Carl Glick 2001 P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson 2001 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Teresa Werner-Quade 1999 409 McCollum Drive Kenai, AK 99611 283-5423 (home) 1999 Kenai, AK 99611 283-* (home) 283-* (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work) Ad Hoc: Hal Smalley 105 Linwood Lane Kenai, AK 99611 Telephone: 283-7469 (home) 283-5177 (work) Contract Secretary: Alison Rapp ASAP Answering Service 170 Corral Street, Suite A Soldotna, AK 99669 (260-5000) (10/7/98) J ~~ ~~ RtCE~ EV ~ -_. s~2i~ ` P Kenai Peninsula Bor ~N-wiNC o K~Ngi Planning Department EPgRTMENt ~ 144 North Binkley Soldotna, Alaska 99669-7599 toll free within the Borough 1-800-478-4441, extension 260 (907) 262-4441, extension 260 FAX (907) 262-8618 e-mail: planning@borough.kenai.ak.us September 18, 1998 NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF SEPTEMBER 15, 1998 RE: Wesbet S/D No. 2 Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subj~et portion of the meeting were sent September 18, 1998 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys,. 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Robert & Judith Humphrey, 1715 Wesbet Court, Kenai, Alaska 99611-9001. KPB File Number: 98-203 AGENDA ITEM E. CONSIDERATION OF PLATS 14. Wesbet S/D No. 2 (Routine Preliminary) KPB FILE 98-203 [Integrity Surveys] STAFF REPORT Plat Committee Meeting 9/15/98 Location: Haller Street and 3'~ Avenue, within the City of Kenai Proposed Use: Recreational Zoning: Suburban Residential Sewer/Water. City Suooortina Information: This replat will combine Lots 10-A, and Lots 12 - 14, Wesbet Subdivisions (Plats 84-187 and 97-55 KRD) into one lot. Right-of--way dedication is neither proposed nor required. The Kenai Planning and Zoning Commission recommended preliminary approval on August 12, 1998 with no areas of special concern. Water and sewer are available to these lots. An installation agreement is not required. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Provide date of this plat. 2. Vicinity Map -Label Evergreen Drive. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 3. Conform to conditions of KPB Planning Commission Resolution 78-6. 4. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 8. Compliance with Ordinance 90-38(Substitute) -Ownership. 9. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after notification of the decision of the plat committee by personal service, service by mail, or publication. (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT MOTION: Commissioner Boscacci moved, seconded by Commissioner Clutts, to grant approval to the following routine preliminary plats subject to staff recommendations. E.2. Green Estates 1998 Addition Soldotna City; Routine Preliminary McLane Consulting Group on behalf of Dan Green KPB File 98-189 KENAI PENINSULA BOROUGH PLAT COMMITTEE SEPTEMBER 15, 1998 MEETING PAGE 7 UN~PPRCV~~ i~~~1i11U E.9. Mooring Estates Bible Chapel Addn. Soldotna City; Routine Preliminary Swan Surveying on behalf of Soldotna Bible Chapel KPB File 98-206 E.12. NealSand S/D Kenai City; Routine Preliminary Integrity Surveys on behalf of Avis Hayes KPB File 98-194 E.14. Wesbet S/D Replat Number Two Kenai City; Routine Preliminary Integrity Surveys on behalf of Robert & G. Judith Humphrey KPB File 98-203 Commissioner Whitmore-Painter asked if the surveyors had any comments on the routine plats. No requests to speak were hearci. VOTE: The motion passed by unanimous consent. BOSCACCI CLUTTS SKOGSTAD WHITMORE-PAINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE SEPTEMBER 15, 1998 MEETING PAGE 8 ~;; _ .._ , RE SEp ? r ,~ ~ Kenai Peninsula Bor NNiNG oEpFNgi Planning Department qRt Q 144 North Binkley MFNt Soldotna, Alaska 99669-7599 toll free within the Borough 1-800-478-4441, extension 260 (907) 262-4441, extension 260 FAX (907) 262-8618 e-mail: planning@borough.kenai.ak.us September 18, 1998 NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF SEPTEMBER 15, 1998 RE: Nealsand S/D Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent September 18, 1998 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, ~ 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Avis Hayes, 1205 Fox Avenue, Kenai, Alaska 99611-8100. KPB File Number: 98-194 AGENDA ITEM E. CONSIDERATION OF PLATS 1 Z. Nealsand S/D (Routine Preliminary) KPB FILE 98-194 (Integrity Surveys] STAFF REPORT Plat Committee Meeting 9/15/98 Location: Linwood lane and Fox Avenue, north of the Kenai Spur Highway, within the Kenai City Limits. Proposed Use: Residential Zoning: Rural Residential 1 SeweNWater. City SuQoortinq Information: This subdivision of Government Lot 40 will create four lots. The right-of--way easement is being dedicated to match the prior dedication of Linwood Lane by Roy L. Hayes Subdivision to the east. Right-of--way easement within the southern boundary will extend Fox Avenue from the west. Kenai Planning & Zoning Commission recommended preliminary approval on August 12, 1998 with no areas of special concern. City water and sewer are available. An installation agreement is not required. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Provide name/address of owner(s). 2. Show existing streets with name and width. 3. Correct adjacent land status to east. i ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 8. Compliance with Ordinance 90-38(Substitute) -Ownership. 9. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after notification of the decision of the plat committee by personal service, service by mail, or publication. (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT MOTION: Commissioner Boscacci moved, seconded by Commissioner Clutts, to grant approval to the following routine preliminary plats subject to staff recommendations. ~.2. Green Estates 1998 Addition Soldotna City; Routine Preliminary McLane Consulting Group on behalf of Dan Green KPB File 98-189 KENAI PENINSULA BOROUGH PLAT COMMITTEE SEPTEMBER 15, 1998 MEETING PAGE 6 ~f .,. _, ._,_ E.9. Mooring Estates Bible Chapel Addn. Soldotna City; Routine Preliminary Swan Surveying on behalf of Soldotna Bible Chapel KPB File 98-206 E.12. NealSand S/D Kenai City; Routine Preliminary Integrity Surveys on behalf of Avis Hayes KPB File 98-194 E.14. Wesbet S/D Replat Number Two Kenai City; Routine Preliminary Integrity Surveys on behalf of Robert & G. Judith Humphrey KPB File 98-203 Commissioner Whitmore-Painter asked if the surveyors had any comments on the routine plats. No requests to speak were heard. VOTE: The motion passed by unanimous consent. BOSCACCI CLUTTS SKOGSTAD WHITMORE-PAINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE SEPTEMBER 15, 1998 MEETING PAGE 7 It ~ _.. ~ ° _;. ~~~ ~r 1. ~ i ~ ,_ _ 1 ; ,. '~ - CITY OF KENAI „ ~~ e~:~~ ~ ~~~-, •.~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 iri£MORANDUM TO: Planning & Zoning Commission Marilyn Kebschull, Administrative Assistant FROM: Carol L. Freas Cit Cler Y ~~ City of Kenai DATE: October 14, 199 RE: DISCUSSION OF STIERS HOME OCCUPATION PERMIT October 7, 1998 Council Meeting Following is a DRAFT of the discussion of the Stiers presentation at the October 7, 1998 council meeting. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Jan Stiers -- Home Occupation Permit/Woodland Subdivision Williams noted a letter from 'ers was included in the packet along with a copy of her Home Occupation Permi " li ation. Ms. Stiers gave her address as 518 nue, Kenai, Alaska. Stiers explained her business is "Wee Folks Child Care." Sly has been in the childcare business in the state and territory since 1955 when she began teaching. She moved into the city last year and into the Woodland Subdivision a month ago. She attached her business sign to the garage door and noted, she had used the same sign at her previous address in the city. Stiers continued, after placing the sign on her garage door, she had been contacted by city administration telling her a license, conditional use permit, etc. was needed. Stiers asked how many home occupations for daycare businesses are licensed in the city. She suggested probably only three in the city are licensed, but stated there are 52 businesses within the city. Stiers stated if one business requires a license, she believed all need to have the license. Stiers added, she believed her neighbor (Joe Harris) was being malicio sin making the complaint. She noted, she has several degrees, is a counselor fo ence and 1 lrf2s! u~~,raah 'III~I 1992 sexual assault and believed this situation seemed to be a person who has a problem with children being next door. Stiers continued her nei bor inform gh ed her there is a covenant i~ odland that no sign is allowed. She added, she had contact from the State Trooper who lives next door to her) the same day. She noted, the State Trooper has two vicious dog signs in his yard and is also breeding dogs which is also against the covenants. Stiers stated, if she is needing to have a license for her sign, she felt everyone else should have to have one as well. Stiers stated there are 32 signs in Woodland. She read, "No sign of any kind to public view on a lot except for one professional sign not more than one square foot." Stiers stated she had no problem with anybody's signs, but if a child is washing cars for ten cents and has a sign, his sign would not be allowed, as well as yard sale signs, etc. Stiers added, Safe House signs in windows would not be allowed, vicious dog signs, car-for-sale signs, etc. would not be allowed either. Stiers also asked if home businesses required licenses as well. Stiers restated, if she has to be in compliance with signs permits, etc. she wanted everyone to have to be in compliance. Stiers noted, political signs also are illegal. Stiers added, the neighbor (Trooper) told one of the children the first day she was there that they were harassing his dogs. Stiers suggested the covenants should be reviewed and people should be allowed to live without problems. Stiers noted, she lived in Brannigan Circle prior to living in Woodland and she had no problems. She added, she wanted all the other signs in the area to be removed, or she would place hers on her garage again. Williams explained, she was discussing two separate issues; covenants of Woodland and ordinances of the city. He noted, the city council does not regulate, review, enforce, or cause to be enforced any of the covenants of the subdivision. Homeowners of Woodland are strictly responsible for any covenants within the subdivision. City ordinances have requirements for all types of home occupation businesses. All home occupation businesses within the city require licensing and perhaps conditional use permits. Williams also noted, the sign is a vi ation of city ordinance in regard to the type of sign placed. He added, two signs a mpted from the ordinance; real estate for sale signs and political signs. ~ (~ ~~ Stiers noted she is state licensed and when she spoke with state program of~~e personnel, she was told they were not aware of any licensing requirements for sins, etc. Williams noted the licensing procedures in the ordinances have been on the books for a long time. Stiers noted there are five daycare businesses in Woodland and one is in a home across the street from her. Williams explained, the city does not send out an investigative team to find illegal businesses operating in the city. Moore asked Stiers to share pictures she brought to the meeting with the council. She passed them around for council to review. Smalley noted Stiers had submitted a Home Occupation Permit application. He added, the receipt of a Home Occupation Permit would allow a sign either 1' x 4' or 2' x 2'. Also, a variance could be requested for a larger sign through Planning & Zoning. 2 Stiers noted, she had the s out when she lived in Brannigan Circle. The problem arose when her neighbo ~ ~ ~+d .and made his complaint. She added, the :, realtor didn't tell her there was a cov~''`t~n regard to the sign. Smalley stated, home occupation permit and conditional ~se permit problems are generally complaint generated and when the city becomes aware, response is made to the complaint. He added, it is required she have either a home occupation or conditional use permit. Smalley noted, if she wanted a larger sign than what is acceptable by the ordinance, a variance would need to be requested through the Planning & Zoning Commission, or a smaller sign used. Stiers stated she wasn't concerned about the sign as she was limited out on the amount of children for whom she was caring. However, she was concerned with the viciousness of the neighbor who then called the realtor and her landlady and suggested she "must be dealing drugs because, after all, there's a number of cars going in and out." She added, if the person was looking at the people coming in and out, he would see they are state cars picking up and dropping children off. She noted, some of the people picking up and dropping off children are enforcement officers as well. Smalley noted, that situation is one between her and the neighbor and council was not involved in that discussion. Williams stated he believed the situation's solution was for Stiers to get a Home Occupation Permit. He noted the application had been submitted and at this time, there did not seem to be any objections from city personnel in her having a home occupation permit. He added, it will be strictly up to her friends and neighbors in regard to commenting about the permit as the process occurs. Williams noted, the Planning & Zoning Commission will make the decision as to whether the permit is issued. Stiers asked how long she will have to wait for the matter to go before the Planning & Zoning Commission. It was noted, the item should be on the next agenda (Wednesday, October 14, 1998). Williams noted, Stiers may want to attend the meeting and bring any documentation, witnesses, guests, etc. that may help in the process. Attorney Graves explained, Home Occ '° rPermits Applications are listed under the consent agenda on the Planning & Zo emission agenda. Those permits are approved routinely unless pulled off the ~~h~ agenda by the Commission. 3 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 ~j S'_ ~. ~ To: Terry Brown From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: October 9, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, October 12, 1998. This will be charged against the open Purchase Order you have. Thanks. f• October 9, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS October 14,1998 at 7 p.m. http://www.ci.kenai.ak.us 1. CONSIDERATION OF PLATS: a. PZ98-47--Preliminary Plat-Shoreline Heights Subdivision No. 2 2. PUBLIC HEARINGS: 3. NEW BUSINESS: a. *PZ98-48-Home Occupation Permit-Daycare-Jan Stiers-518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai, Alaska. b. Amendment to KMC 12.25.030-Junk Car Ordinance-Discussion c. November meeting dates--Discussion 4. OLD BUSINESS: The public is invited to attend and participate. For further information ca11283-7933. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933. Marilyn Kebschull Planning & Zoning Administration Publish: October 12 , 1998 • Page 2 SIGN IN SHEET PUBLIC HEARING-- , 1998 NAME 'ADDRESS ~~' 1 ~~ ~~ ~ r ~- ~~~ ~~~1-ems ~PJ7 Page 1