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1998-10-28 p&z packet
~~ AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 28,1998 - 7:00 p.m. http://www.ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: October 14, 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. PZ98-49--Preliminary Plat--Spruce Grove Subdivision -Murphy's Replat 4. PUBLIC HEARINGS: a. PZ98-50--An application for a Conditional Use Permit to operate a Bed & Breakfast for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. b. PZ98-51--An application for a Variance Permit for rear yard setbacks for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4~' Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4`'' Avenue, Kenai, Alaska. c. PZ98-52--An application for an Encroachment Permit for the side yard for the property described as Lot 1-A, Spruce Grove Subdivision, hales Addition, 1806 4~' Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4~' Avenue, Kenai, Alaska. d. PZ98-53--a resolution of the Kenai Planning & Zoning Commission recommending to City Council the changing of certain existing street names. Streets include those streets whose pre-directionals were changed to post-directionals in 1996. For example, Willow Street North would be changed to North Willow Street. e. PZ98-54--a resolution of the Planning & Zoning Commission recommending the Kenai Municipal Code at 12.25.030 be amended to set clear standards for what constitutes a junk vehicle. 5. NEW BUSINESS: a. PZ98-56--Landscape/Site Plan Review--8080 Kenai Spur Highway. Application '~ Planning & Zoning Commission Agenda Page 2 October 28, 1998 submitted by Deanna L. Moore, Moore's Landscaping, P.O. Box 944, Kenai, Alaska. b. Discussion--Amendment to KMC 14.20.280--Public Hearings and Notifications 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. KPB Notice of Public Hearing on Petition to Vacate - 11/9/98 b. Memo from KPB Planning Department dated 10/15/98 c. KPB Plat Committee Action of 10/12/98 d. Memo dated 10/15/98 canceling November 11, 1998 Meeting 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION OCTOBER 14, 1998 -- 7:00 p.m. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Glick called the meeting to order at approximately time 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord Members Absent: Art Graveley Also Present: Councilman Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Alison Rapp b. Agenda Approval WERNER-QUADE MOVED TO APPROVE THE AGENDA AS WRITTEN AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY GOECKE. Goecke requested removal of Item 5a from Consent Agenda to the Regular Agenda. Chairman Glick clarified Item 5a, PZ98-48 -- Home Occupation Permit -Daycare -- Jan Stiers -- 518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai. Chairman Glick inquired if there were any objections to unanimous. consent on the agenda approval. None were raised. AGENDA WAS APPROVED AS WRITTEN WITH THE ADJUSTMENT TO ITEM 5a. c. Approval of Minutes: September 23, 1998 NORD MOVED TO APPROVE THE MINUTES OF SEPTEMBER 23, 1998. MOTION SECONDED BY BRYSON. VOTE Kenai Planning & Zoning Commission October 14, 1998 Page 1 BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELY Absent GLICK Yes MINUTES OF SEPTEMBER 23, 1998 WERE APPROVED BY UNANIMOUS VOTE. d. Consent Agenda * All items listed with as asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by oae 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. 3. SCHEDULED PUBLIC COMMENT: -- None CONSIDERATION OF PLATS: a. PZ98-4? -- Preliminary Plat -- Shoreline Heights Subdivision No. 2 GOECKE RECOMMENDED APPROVAL OF PZ98-4? -- PRELIMINARY PLAT -- SHORELINE HEIGHTS SUBDIVISION. WERNER-QUADE SECONDED THE MOTION. Chairman Glick opened for discussion and asked if the staff had anything additional to add to the item. Kebschull noted the map read Kenai Road in error, it should read Kenai Spur Highway. VOTE BRYSON Yes GOECKE Yes MAHIJRIN Yes GLICK Yes Motion passed. 4. PUBLIC HEARINGS: -- None 5. NEW BUSINESS: WERNER-QUADE Yes NORD Yes GRAVELY Absent Kenai Planning & Zoning Commission October 14, 1998 Page 2 ~} a. PZ98-48 -- Home Occupation Permit -Daycare -- Jan Stiers -- 518 Pine Avenue (Lot 3, Block E, Woodlaad Subdivision), Kenai, Alaska. BRYSON MOVED TO APPROVE PZ98-48. MOTION SECONDED BY WERNER-QUADE. Chairman Glick informed the gallery it was not a Public Hearing but they are free to speak. Chairman Glick requested anyone wishing to speak to please step up to the microphone. Verbatim Begins Joe Harris, 520 Pine Avenue, Kenai, Alaska Some of the neighbors uh have taken a protest on this thing so I~1 read a short letter we have. We the undersigned protest the application for a home occupation permit or conditional permit for daycare at 518 Pine Avenue, in Woodland Estates. This protest is based on the following: This business has been started prematurely without any application to the City. As we understand it, the City must notify neighbors before granting permits such as this. However, even notification wouldn't change our position. In our opinion it is illegal for the City to grant a permit to a renter. It would be more proper to grant the permit to the owners of the house. The requested business location is on one of the busiest streets in Woodland. Yet by City schedules, one of the last streets slated for snow removal. It is not going to be a good condition this winter. The original Woodland covenants disapprove of any offensive activities. We find this business to be offensive. Offensive can be any word that you choose it to be, 6:30 a.m. traffic idling in a driveway next to you or late at night right next to you, well it's kinda noisy. Now we'd like this to be said publicly and for sure this protest is not intended as anything personal against the applicant rather we're voicing our opinions against any business on Pine Avenue. We request your approval of our protest. Chairman Glick: Thank you. Harris: Do you have any questions? Chairman Glick: Does anybody have any questions. Please sign the log with your name and address too, please. Once again, this is not a Public Hearing. Is there anyone else that would like to speak? (Indication from Gallery) Kenai Planning & Zoning Commission October 14, 1998 Page 3 Chairman Glick: Yes ma'am, please come up to the microphone. Kristine Schmidt, 513 Ash Avenue, Kenai, Alaska I also object to the... as a home owner with my husband... I have a lot in Woodland Subdivision and being a street or so over from this proposed home occupation I also object to the issuance of this permit for several reasons. Number one, it violates Woodland Subdivision covenants. Per.. uh.. uses such as this are not permitted in the covenants, while we're very aware that the City doesn't enforce the covenants, the City alshud... also should not be in the position of encouraging people to violate the covenants by issuing permits such as this. And that prohibition includes signs, no signs are permitted in the subdivision at all except realtor signs. It's not... It hasn't been proved that the owner of this property actually approves this use, or approves the application and until that happens the permit should not be issued. Third, I believe this use violates the intent of the ordinance which reads quote, that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. The proposed use more than makes people aware that its around... it... has... there's a constant flow of cars in the morning and the afternoon for picking up children. I also at.. as Mr. Harris testified I didn't see that there was notice of this permit in the newspaper or.. and there was certainly no umm.. I mean I looked at the paper for da... for the last several days and didn't see published notice of this meeting. You know maybe I missed it but in addition I think that its important that the people who live in the... adjacent to the at.. a use like this get notified before a permit is issued. Thank you. Chairman Glick: It's not printed because it's not a Public Hearing, ma'am. That's why it wasn't in the newspaper. Verbatim Ends Kebschull commented that the item was included with the agenda published in the paper. Discussion ensued from the gallery. Bryson requested any testimony be presented to the chairman. Chairman Glick further commented the item was in the paper under our regular agenda item. Chairman Glick opened for discussion, a gallery member indicated they would also like to speak. Verbatim Begins Kenai Planning & Zoning Commission October 14, 1998 Page 4 Jan Stiers, 518 Pine Aveaue, Kenai, Alaska I have been doing daycare since 1955 in the Territory and the State of Alaska. Ah... it just so happens that my house burned out north which put me looking for a home and finding something in the City of Kenai. I lost glim then the this following January and this has put me under stress and duress on the fine things. I am sure Mr. Harris' statement about nothing personal is because I finally had to.. because of all the harassment I have gotten to... to the extent of the man telling me he did not want me next door. Ah.. that I finally had to get an attorney to write him a letter to quit harassing me. Um... there are seven licensed daycare providers in Woodland there is also several unlicensed daycare providers in Woodland. Including the people directly across the street from me who have Kenai Child Development Center and it took me one morning to figure out that they are dropping off children. And when their children came to sell me a ticket for an event, I said does your parents do daycare? And they said, well we call it baby-sitting. Which is exactly the same thing as what I do. I have not tried to harass my neighbors. I have lived in the City a little over a year riow with absolutely no problems until I moved next door. As I stated in the... ah... minutes at the City Council meeting, I have several degrees, one of them being in Sexual Abuse and Domestic Violence, and when somebody tells you they don't want children next door, it reeks of having a problem. I am not saying that we do, but my children are all small children. Granted the parents come in, but they come in at the same time as the Rams' children come in in the mornings. On some mornings they're much later than theirs. And they're picked up basically all at the same time. Um... my children are young, for the most part they are kept in the house. Because of them being very young. They go outside only under supervision and we have a 8'... ah... 6' chain link fence around the entire back yard. They have walked out front with me while we were putting hi... Halloween decorations and things like this. But those children are not by any means noisy or anything else. I hear the.. the children catching school busses much more than I hear these children, even in the house. The people that own the house have been down to visit me. They gave me their whole-hearted approval told me that they even liked me and the lady asked if she could even hug me when she left. She went totally through the house they spent little over an hour with me. And there was no problems. Kenai Planning 8v Zoning Commission October 14, 1998 Page 5 } It just seems to me Mr. Harris and Mrs. Hams, who have a vi.. a problem with this. Um.. Mrs. Schmidt, I don't know what her problem is because there's two over on her street also.... Bryson: Ma'am, would you just talk about the facts of the daycare center. Personalities..... (Ms. Stiers is speaking over Commissioner Bryson) Stiers: ...This is what I am saying. I don't see anyone else that is being called on the carpet. What started this was me putting my sign up, which has been up if you will see the minutes of the meeting. I put it up, nobody told me I could not have this sign. But then Mr. Smalley told me the other day, in the City itself I am allowed a 4 x 4 foot sign is what he said at the meeting the other night. My sign is not near that. My sign was to the house like it says, now they want to complain about signs. I brought in and showed and Ibe got some of the pictures with me if you would like to see `em of signs all over Woodland. Including old vehicles. This makes signs in your window advertising you've got a child that needs assistance, that makes that illegal the way the covenants read. They haven't complained about the State Trooper on the other side of me. They just complain to him about me. But he's got two signs up saying he's got vicious dogs. With a 4' fence and a five rottweilers that you cannot breed according to their covenants. And this man sells them and his State Trooper car with the sign is illegal because the sign... Bryson: I request the testimony be to the fact of the request for the permit. Stiers: I am requesting the permit but I believe Mr. and Mrs. Harris brought up the sign bit. I have requested the permit. It says that I have been okayed. That I am telling you why Mr. and Mr. Harris seem to not want me there. Brysoa: Your reference was not to Mr. Harris at this point, ah.. it was... Stiers: ...Mr. Hams was the one that complained about the sign and she brought up the sign and so did the other lady or he did. And I was trying to tell you what was happening on this. I have asked for a permit, I am licensed by the State of Alaska. I have just been re-licensed by the State of Alaska. Like I said, I have done child care, I have taught school, I have several degrees, I am not an idiot that doesn't know what they are doing and just trying to take care of children. I know what I am doing. My children are not noisy, they're not offensive. My children aren't barking early Kenai Planning & Zoning Commission October 14, 1998 Page 6 ~} in the morning or causing my dog to bark when they're out in the yard. And I think I deserve this permit. I used to think Alaska was the nicest place to live and nobody bothered their neighbors, but I've come to a rude awakening in the last month. Is there any questions on on... my permit? You have the copy of it, you have my floor plan. I would like to ask another question at this time because I don't know when this is brought up. But I do know that all the daycare givers will be in en masse for it. Uh.. it says in this that we're allowed no more than 30% of their space. Fortunately I have a large home. But on your planning and zoning, 30% for a day care giver, and most of us are licensed for eight children, most of us from birth to twelve years old. Now, if you've got a 1,000 square foot home or less, 30%, do you lock them in the bathroom? Or where? You know, if I didn't have this home, I would like to see an exempt made for daycare providers because you have to feed the children. If they take naps, you have to nap them. Uh, they have to go to the bathroom. They have to have a place to play and for their toys. And 30% for most of these daycare providers is not enough. Like I said fortunately I have a large home and can do this. But have I.. had I been in a smaller home it would've taken a 100%. Chairman Glick: Okay, any questions for Mrs. Stiers? Bryson: I have a question. Has a written, actually it's for the staff. Has a written application been received from the owners of the property? Stiers: It is right here in your agenda. Verbatim Ends Kebschull responded no, an application had not been received from the owners, they are not required to be a part of the home occupational use permit process. Kebschull further noted the owner was notified, although she had not received word back from them at that time. Verbatim Be~iris Bryson: Okay, uh, addressing one comment that was made there, uh, your application was for a home occupation permit... Stiers: Yes Kenai Planning & Zoning Commission October 14, 1998 Page 7 Bryson: ...and its reviewed under that process. If ah you're looking at some other.. ah.. use outside of what's covered for home occupations, an appropriate permit would be a conditional use permit. Stiers: I'm asking for the home occupation permit. Bryson: Okay, thank you. Stiezs: What I was trying to explain, I would like to see daycare providers exempt under that. Because of the... on the 30% part. Not exempt under being... getting the permit. None of us mind getting a permit. But like I said, of a small home, 30% you know just is unreasonable. Chairman Glick: Okay, any Commissioners have any other questions of Ms. Steirs? Okay, I guess not at this time. Thank you. Stiers: Thank you. Verbatim Ends Kebschull reiterated property ownership is not required for home occupation permits, the owner is not required to file for the permit. Kebschull noted the owner was notified Ms. Stiers applied for a permit. Kebschull further noted the Commission does not enforce or maintain covenants. Councilman Bannock noted Mrs. Stiers spoke at the Council meeting. He clarified Councilman Smalley's comments (reported by Stiers) explaining, signs are okay within the bounds of home occupation permits. There is not a unilateral sign approval. VOTE BRYSON Yes GOECKE No MAHURIN Yes GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELY Absent Motion passed. b. Amendment to KMC 12.25.030 -- Junk Car Ordinance -- Discussion Chairman Glick opened the item for discussion and inquired if everyone had a chance to look over the recommended changes. Kenai Planning & Zoning Commission October 14, 1998 Page 8 Bryson inquired if the intent was strictly for discussion. Kebschull responded for discussion and to determine if the Committee would like to hold a Public Hearing to amend the ordinance. Gallery member indicated desire to testify. Verbatim Begins Gus Rodes, 207 Birch Street, Kenai, Alaska The comments from the City Attorney it says Rodes vs. City of Kenai, I'm the Rodes. So, uh, this particular ordinance that you have here, that has been written up, is similar to the one Anch... the City of Anchorage had that was overturned by the court. Uh.. the amendments to it. There is no real reason for this ordinance to be under Title XII, it should be under Title XIV. In fact, this particular ordinance has got many things wrong with it. For instance: The court when it returned to the District Court, the.. my appeal, stated that the City, that the judge should determine what anon-operating car is. And the City Attorney said in his memo to the court, that anon- operating car was not a junk car. The definitions here are ones of junk cars. This particular ordinance will not stand, and believe me I have been through a lot of junk car ordinances. Um.. the uh.. problem with it is it is really vague. It gives no reason for having a quote junk car ord... a junk ordinance. A junk yard? It could hold up. But a junk car ordinance, no, because it doesn't differentiate between just what is a... why a junk car is any more desirable or undesirable than a non junk car. Is there any questions? I live in a very car orientated neighborhood. If you'll drive down Birch Street you can see how many cars we have. And as far as I know, it is going to stay that way. Chairman Glick: Thank you Mr. Rodes. Verbatim Ends BRYSON MOVED FOR A PUBLIC HEARING FOR AMENDMENT OF KMC 12.25.030 -- JUNK CAR ORDINANCE. NORD THE MOTION. Kenai Planning & Zoning Commission October 14, 1998 Page 9 ~ Bryson commented the City Attorney felt the zoning was weak in the area of definition rather than intent and this is his proposal to make the ordinance more defensible. He added, a Public Hearing would be very appropriate. Werner-Quade agreed with Bryson's comment. Nord noted under 2.4 the description is a description of essential components and suggested it be limited to engines, transmissions, drive shafts, etc. Chairman Glick responded the ordinance says "such as" and these are for instance items. Nord responded such wording leaves it open for interpretation and her understanding was they are trying to eliminate interpretation. Goecke commented he believes there has to be some level of latitude as it is impossible to list everything. He added, if a vehicle is sitting longer than 72 hours, it is a junk vehicle. VOTE BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN .Yes GRAVELY Absent GLICK 'Yes Motion passed unanimously. c. November Meeting Dates -- Discussion Chairman Glick commented the November 11, 1998 meeting would be on a holiday and the November 25, 1998 meeting would be the night before Thanksgiving. Chairman Glick commented he thought they had canceled one of them the year before. Kebschull noted yes, one had been canceled last year. Bryson stated unless there is pressing business, he proposes canceling one of the meetings. Goecke suggested moving November 11 to the 17 and backing November 25 to the 17 and combine two meetings into one day. Kebschull commented that would make the shortest length between meetings if one is going to be canceled. Councilman Bannock commented issues of consistency and public awareness were raised at the last Council meeting. Councilman Bannock further commented he would rather see the Commission cancel one of the dates and maintain the regular schedule for the other date. Kenai Planning & Zoning Commission October 14, 1998 Page 10 Werner-Quade stated she felt comfortable with eliminating the meeting of November 11 and meeting on November 25. Nord stated that would be fine with her. Goecke stated he did not have a preference. Bryson stated it was fine with him also. Chairman Glick stated by general consent, the Council will be asked to eliminate the November 11, 1998 meeting and the November 25, 1998 meeting will be held on schedule. 6. OLD BUSINESS -- None 7. CODE ENFORCEMENT ITEMS: a. Triple T Autobody -- Tom Trible b. Peek A Boo Place Daycare -- Home Occupation Permit -- Shannon Fitt Kebschull stated Mr. Trible came in and submitted/completed the conditional use permit, she noted she was holding it now because Mr. Trible' mother is the owner of the property. Kebschull further commented she had informed Mr. Trible when he filed his application, the next Planning & Zoning meeting may not be on the 11~ due to the Veterans' Day holiday. However, she would notify him of any changes. Kebschull reported she had received many home occupational permit applications in the wake of Ms. Stiers' permit. Kebschull noted Peek A Boo Daycare was an application that had been sent out. 8. REPORTS a. City Council Councilman Bannock reported at the last council meeting Mrs. Stiers spoke and her comments are listed under Item B 1. Councilman Bannock further noted the land for the Public Health Center and part of the hospital (Item C1) was becoming a reality. Councilman Bannock commented on the Preservation Plan, Item C6, was formally adopted. Also approved was $7,000 to complete the outside of the animal shelter for animal drop off. A resolution regarding the Capital Improvement Project List for the year 2,000- -2,002 STIP funding, dealing with paving issues and bike path issues, was also approved. Councilman Bannock reported under Old Business the residency requirement for Vintage Pointe Manor was changed, lowering the Kenai Planning & Zoning Commission October 14, 1998 Page 11 ~~ amount of time spent in Kenai prior to establishing eligibility for residency. The professional services contract with Mr. Carter garnered a lot of interest. The contract was referred back to the Airport Commission and would be dealt with at the City Council again on November 18, 1998. Councilman Bannock reported on Item 3, ESI has been formally inked for running airport rescue/fire fighting facility. They are the contracted people to manage the facility. Item 10, a proposal for a boardwalk, etc. at Birch Island (an idea that has been discused for many years) was discussed. The project would be built by the State. Councilman Bannock added, this project is still a long way off. b. Borough Planning Bryson reported there have been two meetings since the last City Planning meeting. The meeting of September 28, 1998 was short, all items listed for business were approved. Bryson reported, at the meeting of October 12, 1998, the consent agenda was approved. Item E1, Petition to Vacate Right of Way, was postponed at•the request by the petitioner. Item F1, Vacation of Right-of--Way, was denied. He continued, Item F2, a Petition to Vacate a Right of Way, was a request of DOT to retain the highway intersection at 250' and not be vacated. That was generally approved but the 250' is going to be negotiated by the staff to make the best use of the property. Item F3 was approved for vacation. Item F4, Permit Application for a Sand and Gravel Site, was postponed. The remaining items were approved. Goecke inquired regarding Item E 1 from the September 28, 1998 meeting requesting description of the property's exact location. Bryson responded it was on the projection of Ciechanski Road after it turns the 90°. Bryson further noted there was a deed restriction because it was an agricultural tract, the decision was that it could be broken into 40 acre tracts and has been approved. c. Administration Kebschull reported Councilman Smalley had requested information on the TSH property ownership be provided. Kebschull drew attention tot he map on the wall. Kebschull invited the members to visit the web site. She added, meeting information is available there earlier than members could expect to receive their packets. Kenai Planning & Zoning Commission October 14, 1998 Page 12 9. PERSONS PRESENT NOT SCHEDULED: Verbatim Begins Joe Harris, 20? Birch Street, Kenai, Alaska In reference to the ah.. new business on the home occupation permit, do I have any recourse for appeal in this? Or is this a final decision? Verbatim Ends Kebschull replied any decision made by the Planning 8s Zoning Commission can be appealed to the City Council. Kebschull stated appeals need to be in writing and submitted to the City Clerk within 30 days of the decision. Kebschull further noted, the City Council then has 30 days to hold a Board of Adjustment Hearing. 9. INFORMATION ITEMS: a. Board of Adjustment Decision -- Restrictions Placed on Variance in Five Iron Heights Subdivision. b. Ordinance 1?9?-98 -- Amending KMC 14.20.150 Conditional Use Permits. c. Planning 8s Zoaiag Commission Roster. d. KPB Plat Committee Action of 9/15/98. 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord reported the junked vehicle she previously reported about is gone. Nord also thanked Kebschull for putting together the Townsite information. Commissioner Goecke commented he must have gotten Nord's junk vehicle. Goecke further commented he had received a lot of phone calls regarding the home occupational use permit for the daycare and had hoped that another Commissioner would have turned it down also. 10. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:48 P.M. Respectfully submitted, Alison Rapp Contract Secretary Kenai Planning & Zoning Commission October 14, 1998 Page 13 ~~ STAFF REPORT To: Planning & Zoning Commission Date: October 2, 1998 Prepared By: JL/mk Res: PZ98-49 GENERAL INFORMATION Applicant: Integrity Surveys 605 Swires Drive Kenai, AK 99611 Requested Action: Legal Description: Street Address: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Plat Spruce Grove Subdivision -Murphy's Replat 1806 4th Avenue & 404 Evergreen Street RS--Suburban Residential Residential Medium Density General Information: Applicant is proposing to split Lot 1-A of Spruce Grove Subdivision -Hales Addition into two lots. This land is zoned RS which allows for lots of 7200 square feet. The proposed lots are 19,163 s.f. and 15,907 s.f., within the lot size requirements for the zone. However, the new lot line placement creates a rear setback encroachment on Lot 1-C. The zone requires 20 feet for rear setbacks. Applicant has been advised of this requirement and has applied for a variance. (See PZ98- 51.) in addition, Lot 1-B has a structure, not shown on the plat, which is grandfathered as an encroachment on what would become a side setback. The plat would not affect this grandfather status. However, applicant has been advised if they plan to make any modifications to this structure which would require a building permit, that an encroachment permit would be required. Applicant has applied for an encroachment permit. (See PZ98-52.) City En iq Weer: None. } PZ98-49 Comment Page 2 Building Official: On Lot 1-C the encroachment that is created is the garage which will not conflict with the building code if approved. On Lot 1-B, the building is a block storage building which the applicant indicated he intended to modify which would require a building permit; therefore, an encroachment permit would be needed. If approved, this would not conflict with the building code. RECOMMENDATIONS Recommend Commission review Variance and Encroachment Permit applications prior to decision on plat. It appears that the requested variance may not satisfy KMC 14.20.180(c)(2) or KMC 14.20.180(c1(4). If the Commission grants the Variance and Encroachment Permits, recommend approval. Plat should note that an encroachment exists on Lot 1-B and an encroachment will be created on Lot 1-C. ATTACHMENTS: 1. Resolution No. PZ98-49 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-49 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 SPRUCE GROVE SUBDIVISION. MURPHY'S REPEAT was referred to the City of Kenai Planning and Zoning Commission on SEPTEMBER 30, 1998 and received from Integrity Surveys, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS--Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Served 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Variance required for rear yard setback for Lot 1-C. b. Note on plat that encroachment exists on Lot 1-B. c. All structures must be shown on plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SPRUCE GROVE SUBDIVISION -MURPHY'S REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 28, 1998. ~ CHAxRPERSON (yfJl~/ J/i ATTE5T: _ zlo I ¢ w v~mi o ~ ..I~: V J I ¢-~'w a~ ~a ~I^m z ~ a 3 c m n n _T ~ I._.; « ~ ~w ao~w _ ~Qa ~ ~i .- Z°N mOLL a o 1 Z W a v o' ~ ~ - ~ q.a I r ~x W ~ 3 °I:,~ r~ F ~, _ _ xa;La " ~ a W ° ~ r ~ o te, d a '. `" ~ I i~ ~.., ~., ~ I H 5 9rr ~ ~ ~ Z Z O ~ ~- o W o a ^~° ~ o a a ~°i ¢ s vl `"~ ?~ [~ ° J I J ~ Q ~ ~ i ~ ~ pt o Ea a b °~ ° aJ~,; j ~1 -~~9 n° sX.. ~ ~ ~ \~v O U z waw ~ ~3m ~ ]emu O ~ O u ~ ~'~`` y > \o x ~ sS ~ ~" I~`' ~ ~ p ~ oo~ xo ~ ~aa Z r d 2 i Y I V ~1 v°i '^¢ c ^ ~~ i G W W p zawm ~o aaa p U s w Q ~ N ~ ` z ~ x 4 ~ -q;€€ ;~ ~. ~ <~>a Boa ~xw~ Q o ~ o ( ` ~1( ~ , - ~ .o, -I Fa Z 3 W O ~woa m rc spa is ~ ~ z gw J d 'o 'o s _ .. o~° ^ yaI .~ r a ` I1 ~~ L ~ ~`~ 5 W woomo - Fa 4=a W~~ Q 1- ° a "' < ~ < ~~ - ~ w emu "~ z ~i ~ () UOSatxil rcou u"oi O ° ~~ ; " -' R ` of mam°Q~ o ~~ ~°n rc °a ~w Z w °~ >~ zo - a N rn Z N ~i O W ° ~ Q U 3 - U rnl ~ in m ~ ~90 I \LI e~ gyp. ~ I ~ ~ W T~~Y I i 'i i ~~ - Y p ° ~~~~ oy; I ~ o z ~ w c a -~~~ .osao ~ =ay ^ L I ~ I ~ C' I I P ~ ^ ya k ~ ~ C? ~ I ~ ~ I ~ I I ~ n I ~ v ~ .L'f .ff i /I P .. ~ p~ _ L ~ _ ~ I ~ I ~ O _ P . ,~ ~~/ a .. m ~ r z~ ~~ :W„ /~J r/~'' ~J n n ~~ ~~(( /: ~1~: H' ~Z :~~ ~ u~ ~" _~ _ 0 __ _ ' - _ - I - ~ V f'~ ~ ~' ~aa t~s uossa~~ a p i~..:: .L6'oeL asLSL.oos" ~ I Q .48'06 .[0'06 _ ,- I ~ J ~ I u~ "c ~ 9m "'1L L1 ~I' LI 'L 71 ~ F- W e L~J Q v6o c ° E e c ~ ~J ~ O ~ ~ ~ ~ N i E°„ '-' 3 n - _ 3 U ~ d ~ I ~ e ma ° - c ~'~S ___ ^ ~ ~~ ~ ~ -Xy=off E' Q - E ~ ~ ~fQ.i ~ O (~(~'~ wQ ~ ~^l -~N ry l O ~ ~ ~ ~ ~ _ .. . - ` o j _ ~ a - of ~ ^ti ~ w , "c o I ~~ jj - 'o p ~ ~ e„Eao x v o S{ O z _ ' va ~ s o I ^I I ~G~ lJ # c _ o ~ P .LL'O6 ,9L'O6 ~ ,> R '' 3 ` ~ v ,f6'O Bl M~OO,OO.OON I 9~ n ~ n T a o o _ ~ E ~ ~ ?u - v`i? ~ c P u~ _ _ _ _ _ _ ~ ~ U _ a uai l o- t o I ., o E ~ 'u< % ~ ~ ~ _ _ _ y N H Z ~ n ~ x ° ~ o°0 3 Pw N ~ r, ._. ~. ~f ~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~-aM~pn '~II~- 1992 October 5, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of October 28, 1998: PZ98-50--An application for a Conditional Use Permit to operate a Bed & Breakfast for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to October 28th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: October 2, 1998 Prepared By: JL/mk Res: PZ98-50 GENERAL INFORMATION Applicant: Rita W. Botelho 101 Highbush P.O. Box 615 Kenai, AK 9961 1 283-2265 Requested Action: Legal Description: Street Address: Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Bed & Breakfast Government Lot 176 101 Highbush 04522018 RR--Rural Residential Residential Low Density Residential General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the criteria for conditional uses in all zones, "Uses not specifically permitted in the zone concerned may be permitted provided the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. KMC 14.20.321 details the intent and requirements for bed and breakfast establishments in the City of Kenai. It reads, "It is the intent of this chapter to permit bed & breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary or incidental to the residential use of the main building. (bl Provided that these establishments shall be owner-operated, not more than one person outside the family shall be employed in the bed and breakfast; rent out no more than thirty percent (30%) of the total floor area; have adequate off-street parking for owner and all guests; and shall ~~ PZ98-50 Comment Page 2 meet all other requirements as set forth by the Planning & Zoning Commission at the time of public hearing. (c) The bed & breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table." Applicant has provided information as required and it appears to meet the requirements of KMC 14.20.321. City Enclineer: Not available to comment. Building Official: According to KMC 14.20.321(b), the total square .footage of this house is 1344; therefore, a maximum of 403 square foot of space could be used for B&B purposes. Applicant proposes to use the two lower bedrooms of this house. The lower level is not finished and would require a building permit to finish. There is adequate parking available per KMC requirements. RECOMMENDATIONS Recommend approval contingent upon obtaining a building permit to finish the basement and completion of construction. ATTACHMENTS: 1. Resolution No. PZ98-50 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT BED & BREAKFAST RESOLUTION NO. PZ98-50 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT: FOR: BED & BREAKFAST OPERATED BY: RITA W. BOTELHO LOCATED: 101 HIGHBUSH, GOVERNMENT LOT 176, KENAI, ALASKA WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 and Section 14.20.321 has been submitted and received on: October 2. 1998. 2. This request is on land zoned RR--RURAL RESIDENTIAL. 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: Contingent upon obtaining a building permit and completion of construction. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: October 28. 1998. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED BED & BREAKFAST MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 28, 1998. ~ _ ~ f, .~- CHAIRPERSO111: ~~ ~~~ ~ ~/ ATTEST. ~ ~ ~.'t ;~ ~.{t. l_ t CONDITIONAL USE BED AND BREAKFAST RECEIVED CITY OF KENAI ~ w .,....... - - NAME::;:.:. _ 1~ ; -~~ W L~ a '~ e.._ I ~-t c PHONE ' 02 ~ .3 ` ~~ ~ 5 ~ C' ADDRESS ~j o .X 6 15 K~ n q r I n S ~G 9 9~ ~~ ?~EGAh.-' Gov . ~ ~{' f76 /arCe~ ~0N5~~~0 -IFS Z©NING <:UISTRI:CT: C CC CG RR~, RR-1 itS ~ RS-1 RS-2 RU IL IH R Section 14.20.321 of the Kenai Municipal Code outlines regulations which allow Bed & Breakfast by conditional use when it is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary and incidental to the residential use of the main building. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. p,~'j A Conditional Use Permit issued by the Kenai Planning and 1~ Zoning Commission is required for a Bed & Breakfast. Provide a dimensional plan layout of your home and G indicate the bedrooms which will be utilized for the B&8. As a clearly secondary or incidental use to the residential use of the main building not more than thirty percent (30~) of the total floor area may be used. Total area of home? f 3 ~! `1 SF Area in B&B use? ~ y~ SF The B&B must be operated by the owner of the dwelling which must be their principal place of residence. Parking as required by KMC 14.20.250, one per dwelling unit and one per three guest room. A Public Notification and Hearing is required before the issuance of this permit. A $10.00 non-refundable deposit/advertising fee is required to cover these notification costs. (See attached Procedure Sheet) ~" " The B&B establishment must meet all area, height, and i ~ setback requirements of the zones in which they are allowed according to the Land Use Table. Applicant Signature: (~(,~ Date : l o /~ / ~ ~ G~ j ~ ~~~::~'~ _.~-- ~ - - ~_~ ........,....--_.w.._~~...~:...~-....r....,......~wr~i/~..+/~.~~~j.. w..-~wrraww.~+.~.s...-. ~.~we.. .r ...........~_,.. _....-.~ ..-._...-...-.•~.., ~~~~ -~Z f ._......_.,~_.....,....,........_.w-- sr ~ .. ~..~~._......._._. _ ... _ _ _,.._.~.__ _~ 6't„ ~ ~P .,.~~. ~" ~~ x~: ~=~ {s: 3 :.~. ~~ ~•, .,~f r_.__ ~~ ;~~~ ~~ ~~ ~ ~V ~ ~~`~ { - ~ -; , .~;, . =•~' , ;~~_. i s~ ~ - ~ f { St':rt ~ , l ~. '1' / ri ~ r • ti _. ~ ' ~ `~' i. j,:~y i ~ "' ~~ ` ~~L =i...+; >'_! 4i ~~ Y tt t Z , J 3 w. :~~ ~ . L_~ ~~ CITY OF KENAI ' ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ w-~rlnah IIII'1 1992 October 13, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of October 28, 1998: PZ98-51--An application for a Variance Permit for rear yard setbacks for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4~' Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4`'' Avenue, Kenai, Alaska. PZ98-52--An application for an Encroachment Permit for the side yard for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4"' Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4"' Avenue, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to October 28th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY ~ PZ98-51 Comment Page 1 STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: October 9, 1998 Res: PZ98-51 GENERAL INFORMATION Applicant: Marlena Murphy 1806 4th Avenue Kenai, AK 9961 1 283-3565 Requested Action: Variance Permit Legal Description: Lot 1-A Spruce Grove Subdivision -Hales Addition (Future Lot 1-C) Existing Zoning: RS--Suburban Residential Parcel No.: 04302043 Street Address: 1806 4th Avenue Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. PZ98-51 Comment ~~) Page 2 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. Applicant has submitted a plat that would create two lots from the current lot. The lot line on the proposed Lot 1-C would create the need for a variance for the rear yard setback. This zone requires 20 feet for rear yard setbacks. Applicant is asking for afive-foot variance, fora 15-foot rear yard setback. City Engineer: None. Building Official: See preliminary plat application. RECOMMENDATIONS Commission should review KMC 14.20.180. It appears that the requested variance may not satisfy KMC 14.20.180(c)(2) or KMC 14.20.180(c). If the Commission determines this request satisfies the above-requirements, recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-51 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-51 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: Applicant : MARLENA MURPHY Located: 1806 4T" AVENUE, LOT 1-A SPRUCE GROVE SUBDIVISION -HALES ADDITION (Future Lot 1-C WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on October 5, 1998 2. That this request is located on land zoned RS--Suburban Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table -Rear Yard Setbacks (5 yard variance) 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on October 28, 1998 . NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 28 , 1998. /~ / ' ~ i~' CHAIRPERSOII~,:; ~ ~ _ 'r! ~,/'~ % z/ ATTEST: ~~( /'_` -!~!' ~~ t r ~ ~ - .J CITY OF KENAI s3lt'i;~TF\ tiIAL yi~a9er.~r~a~ tL'i~m~ia ~u~e~ 210 Fidalgo en Kenai, Alas a 9 CC TELII'HO 283- 35 ~~~~ FAX 907 83-3 4 ~ , O c, ,S ~ti ~~~ '~ DATE : y ._ ~_ N~^,C pF q~Nq~ APPLICATION FOR VARIANCE PERMIT ~TMF'h' NAME: 7f~/.'~~> !r'- I~IGIP. /a/i1~ PHONE: ~~ ~ -~Ss~v'S MAILING ADDRESS : ~ ~~' ~ ' y ~i~' .~~ ~. ~~-~7 ~~l " ~y~~ LEGAL DESCRIPTION OF PROPERTY INVOLVED: ~~~' -/~ ~lpuC~~~n©l.~r' ]cl6c~- ~ 11~i5' ~~4~ ~~ ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R (~S _,~ Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANRS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~~~ Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2.~~~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) L 3. ~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ~~~- The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 1. 5. ~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~ ~' The granting of a variance shall not be based upon ' other non-conforming land uses or structures within the same land use or zoning district. 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N+ ~_ ~ 6 ~ a o ~ r rv z u i n ¢ ¢ W ~~ e o T e a. anuQ uaac6.can.,~ STAFF REPORT To: Planning & Zoning Commission Date: October 9, 1998 Prepared By: JL/mk Res: PZ98-52 GENERAL INFORMATION Applicant: Marlena Murphy 1806 4th Avenue Kenai, AK 9961 1 283-3565 Requested Action: Encroachment Permit Legal Description: Lot 1-A Spruce Grove Subdivision -Hales Addition (Future Lot 1-B) Existing Zoning: RS--Suburban Residential Parcel No.: 04302043 Street Address: 1806 4th Avenue Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use that is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. ~ Applicant has submitted a plat that would create two lots from the current lot. This encroachment is on the proposed Lot 1-B. This structure is grandfathered; however, applicant has stated they want to change the flat roof to a peaked roof. KMC 14.20.050(3)(d1(1) specifies that no such structure may be enlarged or I PZ98-52 Comment Page 2 altered in a way that increases its non-conformity. An Encroachment Permit would allow the applicant to obtain a building permit to modify the structure. The drawings provided do not show the distance from the property line to the structure. City Engineer: None. Building Official: See preliminary plat application. RECOMMENDATIONS Require either plat or asbuilt show distance from property line. Due to grandfather status, would recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-52 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ98-52 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Marlena Murphy LOCATED: 1806 4th Avenue, Kenai, Alaska LEGAL: Lot 1-A Spruce Grove Subdivision, Hales Addition (Future Lot 1-B) BY: Marlena Murphy WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on October 5, 1998 2. This land is on land zoned ~RS--Suburban Residential 3. That the applicant has demonstrated with plans and other documents that ~ they can and do meet the following specific requirements as set forth in Sec. 14.20.185 Id): a) An encroachment as defined in KMC 14.20.185 (a) exists. b) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. c) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. d) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on October 28, 1998. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. NOTE: Permit limited to building permit to repair roof only. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 28th day of October , 1998. , CHAIRMAN:IQ_~.,Tii~ 1 ATTEST: ~ ~,~'~;LC ~tiu-~ is ~ ~- 1791-1991 CITY OF KENAI _ __ 210 FIDALGO KENAI, ALA 1 TELEPHONE 283. 535 j'~~ FAX 907-283- 14 • ~ ~~ ~~~~ ~F~ j°<.a~, din `S~ APPLICATION FOR ENCROACHMENT PERMIT !:NAME; ~ STREET "'ADDRESS , - ~~ ~ ' MAILING ADDRESS ` LEGAL DESCRIPTION ~J` - _ %'~ ZONING DISTRICT (Circle_-1) C CC CG RR RR-1 RR-2 RS RS-1 RS-2 RU R IL IH .i :PHONE p~ ~ ~ " ~ J Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEABE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONB. 1.~~,1~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~~ Provide a site plan of the property including location of ' all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3.j~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D_ D Is T I C~ N A L„ C_ O M M E N T S Signature of Applicant: - I I ~ J ~~ I ~1 cV \ 3 I `I ~`` L~ I ~' \ I ~~ ,~ ~, ,~ ~, s^ ~.~ I I d o: Y N ti Q J aI N c~ Z_ Q W m O N a m ~i ~I 0 z O O N O M M w W found~$"~ rebpr, bent- replacedwith 5/9 x 24"near with I-1/2" aluminum cap i , ~Y•vr Z3V• VV r------ - - ---- ----------- _s---- ; ~---- , 4 ~ ~ ~----~ LOT 2-A ~ N LOT2-B I I ~ O ~ I I ; 9, //5 s.f. Z 7,7/B sf. ~ I ~ i i I 94.67 80 ~ 35 I 175.02 ~' ---~ N.89°-59'-00"W. ~ ~ ~ ~~ I H ~ ~ , ~ `~ 4~ I I ~ ,o\° a4 1 I ~ ~ ~` 1 ~. I i I I LOT /-A i I ~'`~ ~ 35, 065 s. f. ,. o, ~, I ~----, I I I I ,- - - --I ~ r ~ ' conc~ existing house I slob ~ t I 1 I L--~-------•~---~ I (~=89°-59~ 00") (~=90°-13'-15" ) i ~=89°-57~ 42~~ ~=90°I4=33" I R =20 00 ~ R =20.00 I T =19.99 T =20.08 L=31.40 - L =31.50 \ (L=31.41) (L =31.49) N l0 3 0' O W i 30 , ~ l~~•ob _ M 4TH AVENUE _ _ 238.85 (N . 89°- 59~-00" W . 569.20 ) N. 89°- 57~-42'~ W. 569.34 M ;~ • I•s Is4 `Os ? ~~ i.-~i lrllr V/_/V ~.r r~./vL 1983 2-I/2"ALUM. CAP ~ a F r. -• ~ ~ N S ~ S~I~ ~~ ~ '2IQ ZS~2I0~3 ~~ c ~W ~ ~ ~ F a ^ ~ o .., + ~ Q: E °z c ~~ r. ~ ~ ~ N3lRNl1-0 77NIIOA .r -~ •' ~~ad ~, rl ~ `d'am ~ '~ C .~ ~ 1N3 a "-° "°"~ "d ~~ 3 E; ' : III H .L2ION `~ 'ZS ' I'I I ~N ~ ~ d~ ~ ~ ~W m ~ i ^N '" ~ d W y N l~ I Q3 y V" /~ / ~ LL- 1(~ y ~ 1~ r.l @7 .~Z W n 1 ~ W ~ y O ~y ~T' "~ I ' W ~ Z Nlx~r~ 1~+'~ ~.+ -Q •l ~ ~ d3/~ a ~ n ~ - aaee .-w~ao > r~ W P~ Q m I~ 1S ~~' N - ~ Q cO S 3N /~~ W Q ~ ., _ CD . y --~ b " (/~ ~ ~ ~ Id -I, ~ W ~ N~'?I ~, a o C~ ' ~" ~ U 3 ~ ~' d Q N d ~~ Z o N ~a ~ ~ A I ~ ~ R~ ~ ~ ~ ~ ~ z ~131S WSW '.T.C ?T' ~rirTF7u ~ C Cat c~ .~ ~ ~~Oz~ N -- -- U .. ~, ~Z ~d tis,~~ ...~,~f~ ~~~ I ~d ~ UN ti co ~ -• O .~ ~~ ~E 0~1~ o ~ ~ w ~ ~ I U d WI~I I'~ISI/~IQg(1S N~~~I~~I~/~~ ~ . F z a W W ~ ~ d w L? a w a E ~ ~n m ~ ^ ~ ~n~s To: City of Kenai October 26, 1998 Planning & Zoning Commission Subject, Res: PZ98-52 Requested Action: Encroachment Permit Legal Description: Lot 1-A Spruce Grove Subdivision -Hales Addition (Future Lot 1-B) Dear Planning and Zoning Commission Members; My name is David Hales. I own Lot 2 -A and Lot 2-B Spruce Grove Subdivision - Hales Addition. Marlena Murphy owns Lot 1-A Spruce Grove Subdivision -Hales Addition. We share a common Lot line. My concern is that if this Encroachment Permit is granted it will open the door to possible major expansion of this structure, to which I strongly object . Presently this building is a single story brick structure built on a permanent foundation. It measures approx. 36' X 28'. It's presently used as a garage, storage area and a workshop. A second story addition could be built on the existing structure and used as a rental unit or a primary residence. This structure is approx. one inch from my property line on it's Northwest corner and approx. three inches from my property line on it's Northeast corner. My main objection to this Encroachment request is that a second story addition to this structure will adversely affect my property value, and make my property extremely difficult to sell at fair market value. Also my privacy would be reduced by such a structure. My second objection to this Encroachment request is that this structure does not even appear on the preliminary plat submitted with the encroachment request. I have no objection to a pitched roof erected on this structure as long as it is just that, a standard, conventional roof, for only one purpose, protecting the building from rain and snow. If the Commission grants this Encroachment Request I ask that two stipulations accompany this approval: 1.) A second story addition of any kind is prohibited. 2.) Any future addition or expansion to this structure will only be allowed on the south end of structure, (The end farthest from my property.). RECEIVED UCf 2 71998 CITY OF KENAI PLANNING DEPARTMENT Yours Truly: ~iA~~~L David Hales 404 Evergreen St. Kenai, Ak 99611 283-'7310 /~, CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE Kenai City Council Chambers October 28, 1998 @ 7 p.m. CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION N0. PZ98-53 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, CHANGING OF CERTAIN EXISTING STREET NAMES. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, during the 1996 "Enhanced 9-1-1 Mapping and Address Project" certain street names predirectionals were changed to postdirectionals, and WHEREAS, the United States Postal Service is requesting these be changed so as to alleviate confusion by postal customers and their agency, and WHEREAS, the following street name changes are recommended: CURRENT NAME RECOMMENDED OFFICIAL NAME 1. Forest Drive -North 1. North Forest Drive 2. Forest Drive -South 2. South Forest Drive 3. Spruce Street -North 3. North Spruce Street 4. Spruce Street -South 4. South Spruce Street 5. Tinker Lane -North 5. North Tinker Lane 6. Tinker Lane -South 6. South Tinker Lane 7. Willow Street -North 7. North Willow Street 8. Willow Street -South 8. South Willow Street 9. Gill Street -North 9. North Gill Street 10. Gill Street -South 10. South Gill Street NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES AS NOTED ABOVE BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 28th day of October, 1996. ~ Chairman: ,~ l Attest: ~~ CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE Kenai City Council Chambers 210 Fidalgo Avenue, Suite 200 October 28, 1998 @ 7 p.m. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 98-54 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 12.25.030 BE AMENDED TO SET CLEAR STANDARDS FOR WHAT CONSTITUTES A JUNK VEHICLE. WHEREAS, KMC 12.25.030 currently does not set cleaz standazds as to what constitutes a junk vehicle; WHEREAS, the Commission believes it is in the best interest of the City of Kenai to design cleaz standazds so that enforcement could be easier and more efficient; WHEREAS, the Commission believes that cleazer standards would provide the public with cleazer notice as to what is not allowable. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL KMC 12.25.030 BE AMENDED AS FOLLOWS: 12.25.030 Leaving of (WRECKED. DISCARDED. NON-OPERATINGI Junked or Illegaliy 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) (e) 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 RESOLUTION NO. PZ 98-54 Page 2 there is no reasonable means for removing the vehicle from public view while repairs are being performed the City Man eg r maw authorize a period of no more than thirty (30) days for the performance of such repairs In no case however may this section be construed as authorizing the operation of a junkyard or other salva eg or repair business where other requirements of the law have not been met. (f) "Junk vehicle" means a motor vehicle that is: (1) Not currently registered for operation upon the public roads of the City: ~2) In a condition which exhibits two of the following elements: i. A substantial amount of broken or missin'g_glass; ii. Missing two or more wheels or tires: iii. Missing a bod~panel or bod~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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of October 1998. Chairman: ATTEST: ~~ ~ STAFF REPORT To: Planning & Zoning Commission Date: October 21, 1998 Prepared By: JL/mk Res: PZ98-56 GENERAL INFORMATION Applicant: Deanna L. Moore Moore's Landscaping P.O. Box 944 Kenai, AK 99611 Requested Action: Landscape/Site Plan Review Legal Description: KN T06N R1 1 W S35 EAST 272 FT OF THE WEST 652 FT OF THE NW1 /4 SW1 /4 NW1 /4 LYING NORTH OF KENAI SPUR HWY EXCLUDING THAT PORTION PER W/D 429 @ 418 Street Address: 8080 Kenai Spur Highway Parcel Number: 04104002 1 Existing Zoning: CG--General Commercial Current Land Use: Vacant--General Commercial Land Use Plan: General Commercial ANALYSIS General Information: KMC 14.25.040 describes performance criteria for the landscaping plan and KMC 14.25.045 describes site plan criteria. Applicant has submitted a basic plan which appears to satisfy the requirements of these sections of the Kenai Municipal Code. City Engineer: None. Building Official: No building code issues. RECOMMENDATIONS It appears that the plan meets the criteria of the Kenai Municipal Code. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-56 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION LANDSCAPE/SITE PLAN REVIEW RESOLUTION NO. PZ98-56 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for: Moore's Landscaping (Deanna L. Moore), 8080 Kenai Spur Highway ,and received on October 20, 1998. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October 28, 1998. ~~ ~ ~~ CHAIRMAN: _; ATTEST: ~`l ~ ~ ,, n ~,t, ~,,~: ~ U " ~~ LANDSCAPINGJSITE PLAN REVIEW APPLICATION RE ~~~ Z ~ X98 i APPLICANT `~~~E~Z~ ADDRESS ~ MAILING ADDRESS.: (~ k~ - L 9 ~ ( PHONE $ _g ~ ZONING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC C IL R TSH (Circle one) LEGAL PROPERTY OWNER ~J~.l'lf la- L~ ~~U(~r~. Please include the following in the Site Plan. If not applicable please put an NA next to the item. ~a. Common and scientrfic~name of the planting materials to be used in the project. b. Typical planting details. ~, c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d. Identification and location of non-living landscaping materials to be used. k e. Identification of on-site snow storage areas. f. Drainage patterns. g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Additional comments: C:\WPDOCS\fORMS\LANDSCAP.APP Snow sT~ ~cc c~ ~ /~ ~.~ 9'54'28"E' 75.36' M ~C1' ST. N6 ~~..,.. ~* ~n ~ -'~. ~"1""" { PROPOSED 1 ~ ~`~' ~. . :. e' ...w:._..' yr+ ~t ~ - Kwfi ..esq..... _ -.. ~ N n c ,~ DEED _ N N 01 ~ BK 529, PG 291 N w $ 3.61 AC. "' o z r 1 d ~ -~ ~ b O 1 .. , A N .+Pc . a a ' f~i _ - _. ', ~ + _ _ ._ ~~ l '; - jj //: j F : .~ .:;~ :~ ;' ~ ~ ``~ ~~`~ ~ ~ ~ n„ ~~~_ '. ~ ~+~' / ~~.~ •~~'•. ' a `~ CORNER POS(110N `" N 81.Og-i2..W _ f FALLS IN POLE . k~~~' s~ R/w y,4~' ~Y r ~~s K ~, ~~ _ ~. . ~dc =~~ .~~;". ~_ - - .~;,, . ,, PLOT PLAN ~ ~ .,.. I hereby certify that I have oreeared thce e~to _.~~nF~wd~\. ~.~ V .S ~ MEMO: CITY OF KENAI " cat ~~~ ~ ~~~„ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'I nsx TO: Planning & Zoning Commission ~,~ FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 23, 1998 SUBJECT: AMENDMENT TO KMC 14.20.280 The City Attorney at the request of City Council prepared the attached amendment to KMC 14.20.280. Council would like the code amended to require posting of properties being considered for Conditional Use Permits. Please review the suggested amendment. DOES THE COMMISSION WISH TO SCHEDULE A PUBLIC HEARING ON THE PROPOSED AMENDMENT? Suggested by: P8~Z Administration PLANNING 8s ZONING RESOLUTION NO. 98- A RESOLUTION OF THE PLANNING 8s ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.280 TO ADD THE REQUIREMENT OF POSTING PROPERTY INVOLVED IN PROCEEDINGS WHICH REQUIRE PUBLIC HEARINGS. WHEREAS, KMC 14.20.280 sets forth the public notice to be given for public hearings of the Planning 8v Zoning Commission; and WHEREAS, KMC 14.20.280 now requires publication in a newspaper of general circulation and individual notice to property owners within 300 feet of the effected parcel; and WHEREAS, adding public posting of effected property would increase public notice and provide greater public awareness of issues before the Planning & Zoning Commission; NOW, THEREFORE, KMC 14.20.280 is amended to include the following: (d) Public Posting. The applicant shall post the property subiect to the application with public notices as provided by the City at least ten (10~ days before the date of the reauired public hearing. Such notices shall be placed so as to be visible from each improved street adiacent to the property. The applicant is responsible for removing the posted notices within five (5) days after the hearing is completed. Failure to properly post notices shall be grounds for deferral or denial of the application. No one except the applicant, an anent of the applicant or the City shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. (e) Proof of Posting. Before the public hearing, the applicant shall submit to the City an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. PASSED by the .... `~. AGENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER 21, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.keaai.ak.us/ ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call ,rv~.~ 3. CERTIFICATION OF OCTOBER 6, 1998 CITY OF xENAI ELECTION 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C• PUBLIC HEARINGS ~~ 1. Ordinance No. 1797-98 -- 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. ~D~~d ~ 2. Ordinance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen - Borough Grant end for the Purchase of aHandicap-Accessible Vehicle. ~~,~~~. 3. Ordinance No. 1799-98 -- Amending the Kenai Municipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." /Q~ 4. Ordinaace No. 1800-98 -- Amending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. ~~~~~~ 5. Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham park. f~~ ~ 6. .Ordinance No. 1802-98 -- Removing From the Kenai Municipal Code the Word "Advisory" From the Names of the Harbor and Library Commissions and Deleting the Name "Advisory" From Certain references to the Planning & Zoning Commission. /~~~~, 7. Resolution No. 98-?4 -- Adopting the City of Kenai, Alaska 1999-2000 Capital Improvement Project (CIP) Priority List for Request of State Grants. ~~ ~ 8. Resolution No. 98-?5 -- Awarding the Bid to Kachemak Electric, Inc. for the Kenai Recreation Center Fire Alarm System ADA Upgrade - 1998 for the Total Amount of $26,244. ,D~ ~, 9. Resolution No. 98-76 -- Supporting a Joint Venture Effort of the City / of Kenai and the Alaska Department of Parks & Outdoor Recreation in Developing a Wayside Park at Birch Island. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E• MINUTES 1. *Regular Meeting of October 7, 1998. ITEM F: CORRESPONDENCE *R.Ross Memorandum regarding dates the revised airport development contract will be submitted to Council and Airport Commission. ITEM G• OLD BUSINESS 2 ITEM H: NEW BUSINESS ~~~~a~' 1. Bills to be Paid, Bills to be Ratified ~~~/ ~'~ 2. Purchase Orders Exceeding $2,500 ~io~"~~ ~~~~ 3. Approval -- Change Order No. 7/Alaska Regional Fire Training Center - Akan General, Inc./$66,787.00 4. Discussion -- Proposed Library Addition Fundraising Strategy ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: 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 GC/_ /~ ' 144 NORTH BINKLEY A ~y ~ ~~% SOLDOTNA, ALASKA ~' A ~~~ o~ SS d ~ OCTOBER 26, 1998 5:30 P.M. ~~`~Fti y 9 gT i ' Tentative Agenda ~ti r A. CALL TO ORDER Members: B. ROLL CALL Peggysoscacci seldovia city C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 2000 Wayne Carpenter 1. Agenda Seward City Term Expires 1889 2. Member/Alternate Excused Absences Jim Skogstad Hope a. No excused absences requested. Term Expires 2001 Ann Whitrnore-Painter 3. Minutes Moose Pass Area Term Expires 2000 a. October 12, 1998 D• CONSIDERATION OF PLATS ALTERNATES: Robert ciutts 1. Sunrise View S/D; Kenai Lake/Quartz Creek Anchor Point Term Expires 2001 Prelimina M g p ry; cLane consultin Grou on behalf of KPB KPB File 98-225 Leroy Gannaway Carried Forward from 9/28/98 Horner City Term Expires 2001 2. Imle S/D Ashton Addition; Lou Morgan Road Preliminary; McLane consulting Group on behalf Mark Mahan KPB File 98-245 3. Fair Ridge S/D Part Three; south of Longmere Lake Preliminary; McLane consulting Group on behalf Calvin & Jane Fair KPB File 98-246 4. Inlet Glen S/D Tyler/Schilling Addition Joan Avenue, North Kenai; Preliminary Wince-Corthell-Bryson on behalf of V. & V. Tyler; L., C., & M. Schilling KPB File 98-239 5. Douglas Lake S/D Nash Addition; Douglas Lake Preliminary; Whitford Surveying on behalf of Phil Nash KPB File 98-242 6. Palmer Creek Corridor; Skyline Drive, north of Homer Preliminary; Roger Imhoff on behalf of Daisy L. Bitter KPB File 98-243 7. Amo Subdivision; Diamond Ridge Road Preliminary; Roger Imhoff on behalf of Melissa Cobb KPB File 98-244 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is November 9, 1998 at 5:30 p.m. in the Planning Department (top floor) in the Borough Administration Building, 144 North Binkley, Soldotna. E KENAI PENINSULA BOROUGH PLANNING COMMISSI ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA, ALASKA October 26, 1998 7:30 P.M. Tentative Agenda John Hammehnan Chauntart Areawide Tenn Expires 1999 Philip Bryson vice chairman Kenai city Term Expires 2001 Ann Whitmore-Painter Pazliamrntarian Moose Pass Area Term Expires 2000 Peggy G. Boscacei PC Member Seldovia City Tenn Expires 2000 Wayne Carpenter PC Member Seward City Tenn Expires 1999 Robert Clutts PC Member Anchor Point Tenn Expires 2001 Wes Coleman PC Member Soldotna City Tenn Expires 1999 Leroy Gannaway PC Member Homer City Tenn Expires 2001 Ellis Hensley, Jr. PC Member Nikiski Tenn Expires 1999 Brent Johnson PC Member Kasilof Area Tenn Expires 2000 Jim Skogstad PC Member Hope Tenn Expires 2001 A. CALL TO ORDER B. ROLL CALL ~~ ~~• ~~ ~ ~~ / ~~ C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda aze considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 -None 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. KPBPC Resolutions a. Southern Peninsula Hospital Tract A KPBPC Resolution 98--55 KPB File 98-183 7. Commissioner Excused Absences .., f ~` ~. ,.q -~ ,.A a. No excused absences requested. 8. Minutes a. October 12, 1998 Plat Committee Minutes b. October 12, 1998 Planning Commission Minutes _.,~, D. PUBLIC COMMENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to tlvee minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS Public hearing; Ordinance 98-33: Repealing KPB 21.13 Land Use Permits, and Adopting KPB 21.25, Conditional Land Use Permits, and KPB 21.26, Material Site Permits, and Reenacting Without Modification Provisions Governing Correctional Community Residential Center Permits as KPB 21.27; carried forward from July 27, 1998 2. Public hearing; petition to vacate portion of Seismograph Trail Public Right-of--way, dedicated by right-of--way dedication plat filed by Ninilchik Native Association as Plat 84-115 Homer Recording District. Right-of--way petitioned for vacation is within Parcel 189 of said right-of--way plat; within Section 10, T2S, R12W, S.M., Alaska. Generally located in the Caribou Hills area; KPB File 98- 169; carried forward from September 14, 1998 F. PUBLIC HEARINGS Vacate twenty feet of the forty foot width of public right-of--way Eagle Run as dedicated by Crow's Nest Subdivision Plat 74-14 Seldovia Recording District. Portion of right-of--way sought to be vacated is adjacent to and bounded by Lots 5, 7, and 8 of said subdivision. Being within the City of Seldovia within Section 32, Township 8 South, Range 14, West, Seward Meridian, Alaska; KPB File 98-227 2. Vacate the entire of Jasper Court public right-of--way, and associated public utility easements, lying southerly of Joan Avenue; and as dedicated by Inlet Glen Subdivision (Plat 85-97 KRD); within Section 14, Township 7 North, Range 12 West, Seward Meridian, Alaska; within the Kenai Recording District. Generally located within the North Kenai area; KPB File 98-238 3. Permit Application for a Sand, Gravel or Material Site Ninilchik; Paul and Sue Simonds; carried forward from October 12, 1998 G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Plat Waiver Applications a. Bondsteel, Jeanette; West Poppy Lane Submitted by Integrity Surveys on behalf of applicant KPBPC Resolution 98-57 KPB File 98-240 b. Country Club Estates Tract 2 (Baycrest Investment Corporation) Fairview Avenue; City of Homer Submitted by Patrick J. Church on behalf of applicant KPBPC Resolution 98-58 KPB File 98-247 2. .Birch Side Acres Unit 2 Lot 21; Building Setback Exception; Bear Creek Drive, Kachemak City Submitted by Roger Imhoff on behalf of L. &. Bierman KPBPC Resolution 98-59 KPB File 98-241 I. CONSIDERATION OF PLATS 1. Seven 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 1. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Skyline Drive in Homer; Quality Asphalt Paving, Hayden and Hayes Company 2. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Robinson Loop in Sterling; Quality Asphalt Paving, Hayden and Hayes Company 3 Prior Existing Use for a Sand, Gravel or Material Site Determination; near Ciechanski Road; Quality Asphalt Paving, Hayden and Hayes Company 4. Prior Existing Use for a Sand, Gravel or Material Site Determination; off Robinson Loop Road, near Sterling; Quality Asphalt Paving, Hayden and Hayes Company Prior Existing Use for a Sand, Gravel or Material Site Determination; off Island Lake Road, near Nikiski; Quality Asphalt Paving, Hayden and Hayes Company 6. Prior Existing Use for a Sand, Gravel or Material Site Determination; Anchor Point; Quality Asphalt Paving, Hayden and Hayes Company 7. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Soldotna; Quality Asphalt Paving, Hayden and Hayes Company 8. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Nikiski; Quality Asphalt Paving, Hayden and Hayes Company 9. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Nikiski; Quality Asphalt Paving, Hayden and Hayes Company M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec 13, T6S, R14W, S.M., AK. North of Homer, west of West Hill Road; KPB File 98-010; carried forward from January 26, 1998 Postponed until brought back to the Commission by staff. 2. Permit Application for a Sand, Gravel or Material Site; Anchor Point; Clif Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 3. Petition to vacate cul-de-sac portion of Seaward Avenue and associated utility easements as dedicated and/or granted by plat of Silver King Five and shown on Silver King Ten (Plats 90-7 and 97- 41 HRD); Sec. 5, TSS, R15W, S.M., AK. Located at the westerly end of the north half of Seaward Avenue in Anchor Point; KPB File 98-145 [Submitted by Jerry Anderson, Anderson Consultant Services on behalf of H. V. & Susan Kyllonen]; carried forward from July 27, 1998 Postponed until brought back to the Commission by staff. 4. Petition to vacate a portion of an unnamed twenty foot wide right- of-way dedicated by plat of Kelly Subdivision of Tract A Folz Subdivision (Plat #37 Seward Recording District). Portion to be vacated is bounded by Lots 2 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. Hoogland] Carried Forward from July 27, 1998 Postponed to November 23, 1998. 5. Public Hearing; Reclassification of a 10-acre Parcel of Borough Land in the Cooper Landing Area from Residential to Preservation; Described as Tract A, Sunrise Conceptual Plan; Carried forward from March 23, 1998 Postponed to November 9, 1998. 6. Public Hearing; Petition to vacate the section line easement within Sections 7 & 18; all within TSN, R11 W, S.M., AK; partially within City of Kenai; KPB Files 98-071 & 98-075; carried forward from May 11, 1998. Postponed to November 9, 1998. Q. ADJOi:fRNMENT The Plat Committee will meet October 26, 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 November 9, 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 November 9, 1998 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Cooper Landing Advisory Planning Commission September 9, 1998 Minutes 2. Soldotna Planning & Zoning Commission October 7, 1998 Minutes Homer Advisory Planning Commission October 7, 1998 Minutes 4. Kachemak Bay Advisory Planning Commission October 15, 1998 Agenda 5. Kenai River Center Second Quarterly Report (July 1 -September 1, 1998) PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS Anchor Point Advisory Planning Commission November 3 Moose Pass Advisory Planning Commission November 4 Kachemak Bay Advisory Planning Commission November S Funny River Advisory Planning Commission November 9 Cooper Landing Advisory Planning Commission November 11 Kachemak Bay Advisory Planning Commission November 19 ~~ ~ ~~ o , ~Fi ~'~ ~ ~F -~^~ O POSTPONED ACTION ON PETITION TO VACA SCHEDULED BEFORE THE PLANNING COMMISSION NOVEMBER 9, 1998 THE PLANNING COMMISSION HELD A PUBLIC HEARING ON MAY 1 1, 1998 TO HEAR TESTIMONY AND ADDRESS CONCERNS REGARDING THIS PETITION TO VACATE. FOLLOWING THE HEARING; THE CObIMISSION POSTPONED ACTION UNTIL NOVEivBER 9, 1998. ON MAY 26, 1998, THE PLANNING COMivIISSION RECONSIDERED THE MAY 1 1T" ACTION AND SCHEDULED THE VACATION OF THE ROAD AND UTILITY EASEMENT WITHN LOT 2 BEFORE THE PLANNING COMMISSION ON JLTIE 22, 1998; WITH THE HEARING ON THE SECTION LINE EASEMENT VACATION TO BE BEFORE THE PLANNING COMMISSION ON NOVEMBER 9. 1998. COMMENTS FOR THE NOVEMBER 9, 1998 HEARING SHOULD BE [N THE PLANNING DEPARTMENT, NO LATER THAN WEDNESDAY, NOVEMBER ~4, 1998. COPY OF THE ORIGINAL PUBLIC NOTICE AS PLACED [N THE 1ULY 16 AND 23, 1998 ISSL`ES OF THE PENINSULA CLARION FOLLOWS. KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE [S HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A SECTION LNE EASEMENT AND A ROAD AND UTILITY EASEMENT. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: 1. VACATE A PORTION OF THE SIXTY-SIX FOOT SECTION LINE EASEMENT CENTERED ON LINE COMN[ON TO SECTIONS 7 AND 18, TOWNSHIP 5 NORTH, RANGE 1 1 WEST, SEW'ARD MERIDIAN, ALASKA. PORTION TO BE VACATED, LIES BETWEEN COOK INLET AND THE E I/16 CORNER OF SAID SECTIONS; BEING APPROXIMATELY 312 FEET IN LENGTH. THE NORTHERLY 33 FEET, BEING WITHIN SECTION 7, [S WITHN THE CITY OF KENAI; THE SOUTHERLY 33 FEET, BENG WITHN SECTION l 8, IS WITHIN THE BOROUGH. 2. VACATE THE GENERALLY NORTH/SOUTH SIXTY FOOT WIDE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENT WITHIN GOVERNMENT LOT 2, SECTION 18, TO~b~iSHIP ~ NORTH, R:1NGE 1 1, WEST, SEWARD MERIDIAN, ALASKA. TEIE PUBLIC RIGHT-OF-WAY (S SOMETI~(ES REFERRED TO AS OLD CANNERY ROAD. B. PURPOSE AS STATED IN PETITION: A NEW DEDICATED R/W WILL BE CONSTRUCTED TO PROVIDE ACCESS TO THE BEACH. THIS W'[LL PROVIDE BETTER ACCESS AT ONE CENTR.\L POINT WITH BETTER VISIBILITY WHEN DRIVING ONTO AND OFF BEACH. C. PETITIONER(Sl: MARY ELLEN PERRIZO -KENAI, ALASKA; SALA~MATOF NATIVE ASSOCIATION -KENAI, ALASKA; AND, THE KENAITZE INDIAN TRIBE, -KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, MAY 11, 1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERNfITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILDMG, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY IviAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT .A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BMKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIIvIONY SHOULD BE RECEIVED BY THE PLANNING DEP.ARTiviENT NO LATER THAN WEDNESDAY,I~IAY 6, 1998. [WRITTEN COMMENTS MAY ALSO BE sENT BY FAx ro 907--262-8618] IF THE PLANNING COMMISSION APPROVES THE VACATION, THE ASSEMBLY OF KENAI PENINSULA BOROUGH HAS THIRTY DAYS FROM THAT DECISION M WHICH THEY ~IAY VETO THE PLANNING COMMISSION .APPROVAL OF THOSE PORTIONS OF THE VACATION WITHIN THE BOROUGH. IF THE PLANNIiv"G COMMISSION DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY ?~4AY FILE A WRITTEN NOTICE OF APPEAL WITH THE BOROUGH CLERK. FOR THE PORTION OF THE SECTION LINE EASEiviENT VACATION LYING WITHIN THE CITY OF KENAI; IF THE PLANNING COMMISSION APPROVES THE VACATE, THE COUNCIL OF THE CITY OF KENAI HAS THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE PLANNING DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY NIAY FILE A WRITTEN NOTICE OF APPEAL WITH THE KENAI CITY CLERK. PUBLISH 2 X (WEDNESDAYS APRIL 29 AND MAY 6, 1998) KENAI PENINSULA BOROUGH GIS Dlvisfon 4 ' PROPOSED VACATION OF • .a ~ ~s w~.u~s "~~""°~""'° SECTION LINE EASEMENT a. s o w•rr~ as NORiH w. ~ w. ...asnr r. !t!ua ~+: rn n.n. to ~~~~ 1 ~~ KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA ' 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 ,~ '~^~. October 15, 1998 To: All Surveyors RECEIVED UL 12 01996 CITY OF KENAI From: o bee arris, Platting Officer Re: Final plat submittals MIKE NAVARRE MAYOR The Planning Department requests that any plats you want filed prior to the end the year, be submitted no later than November O5, 1998. This will ensure that staff will be able to complete a final review, secure the tax certificate, request you update the Certificate to Plat, and have the plat ready for filing. If the subdivider has not yet paid the taxes; it is important that you advise them of the need to submit a copy of the receipt, showing date an method of payment. They will also need to provide the name of the proposed subdivision when bringing or sending the receipt copy to the Planning Department. This time frame does not allow time for numerous final reviews of the same plat. If a plat is returned for corrections and/or additions, other than signature, it will be placed at the end of the line when returned for a second or third review. We will, of course, try to accommodate plats received after that date. However, given the current work load, we cannot make any assurances the review will be completed. Your anticipated cooperation is appreciated. October 15, 1998 ~ 1~~ X22 ~ ~= ~L ~~~ ~ Kenai Peninsula Borough 20°~ ~ ~ Planning Department ~'~y ~c9c~ Q 144 North Binkley 9 Soldotna, Alaska 99669-7599 ~2~ toll free within the Borough 1-800-478-4441, extension 60 (907) 262-4441, extension 260 FAX (907) 262-8618 e-mail: planning@borough.kenai.ak.us NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF OCTOBER 12, 1998 RE: Grace Brethren Replat 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 subject portion of the meeting were sent October 15, 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: Kenai Grace Brethren Church, 406 McCullom Drive, Kenai, Alaska 99611-8106. KPB File Number: 98-235 AGENDA ITEM E. CONSIDERATION OF PLATS 5. Grace Brethren Replat No. 2 (Preliminary) KPB FILE 98-235 [Integrity Surveys) Staff report as read by Maria Sweppy. Plat Committee Meeting 10/12/98 Location: Kenai Spur Highway and McCollum Drive within the City of Kenai Proposed Use: Residential Zoning: Rural Residential (RR) Sewer/Water: City Supr~ortina Information: This subdivision will combine Lots 1 and 2, Grace Brethren 8 Beck Property Replat with a remaining portion of Government Lot 83 to create one parcel. The plat shows the vacation of utility easements along former lot lines. The petition to vacate these easements has not been received in the Planning Department. Upon receipt of the petition, a hearing will be scheduled. The easements will remain in place until a vacation is approved. Right-of--way is being dedicated to match and extend prior dedications. The Kenai Planning and Zoning Commission recommended preliminary approval on September 9, 1998. There were no special areas of concern. Per the City, water and sewer are available to these lots. It is staffs understanding that the Alaska Department of Transportation and Public Facilities (DOT&PF) is claiming additional right-of-way easement width for the Kenai Spur Highway. If this is the case, right-of-way width will have to be worked out between the subdivider and the State. A prior plat dedicated 33 feet of a 50 foot section line easement. The easement should be identified on the final plat as a section line easement. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: Submittal of the petition to vacate the utility easements and approval of the vacation; OR show easements on the final plat. REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 2. Provide name/address of owner(s). 3. Provide date of this surrey. 4. Show existing streets with name and width. 5. Government Lot. Show right-of-way easements. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 6. Improvement Installation Agreement from City is not required, per City of Kenai. 7. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 8. State right-of-way. Show source of information for data used. 9. Conform to conditions of KPB Planning Commission Resolution 78-6. 10. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 11. Compliance with Ordinance 90-38(Substitute) -Ownership. 12. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. KENAI PENINSULA BOROUGH PLAT COMMITTEE OCTOBER 12, 1998 MEETING PAGE 10 UNAPPROVED MINUTES ~~C~ MEMO: CITY OF KENAI „ cat ~~~ ~ ~~~,- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 89611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~~ 'IIiI, iss: ~,1,~~~ r TO: Larry Semmens, Acting City Manager g,v FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: October 15, 1998 SUBJECT: PLANNING & ZONING COMMISSION MEETING OF NOVEMBER 11, 1998 The Planning and Zoning Commission voted to cancel their November l lt" meeting, which is scheduled for the Veteran's Day Holiday. This means they will meet only once in November, November 25th. Please convey this request to Council. APPR®VED BY ~®~~" DATE i G+~C.Y:u':e~