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HomeMy WebLinkAbout1998-12-23 p&z packetAGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS December 23,1998 - 7:00 p.m. http://www.ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Swearing In New Commissioners c. Agenda Approval d. Approval of Minutes: November 25, 1998 e. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ98-55--An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska. Continued from November 25, 1998 meeting. b. PZ98-58--A resolution of the Planning & 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. Continued from November 25, 1998 meeting. c. PZ98-63--An application for an Encroachment Permit for side yard setbacks for the property described as Lot SOA-2 Ellerman Subdivision, Addition No. 1. Application submitted by Tony A. Cobb, 1211 4~' Avenue, Kenai, Alaska. 5. NEW BUSINESS: a. *PZ98-61--An application for a Home Occupation Permit for a C.B. Radio Repair Shop for the property described as Highland Mobile Home Park, Lot 36, 5125 Silver Salmon Drive, #36, Kenai, Alaska. Application submitted by Roger Van Ordstrand, 5125 Silver Salmon Drive, #36, Kenai, Alaska. b. *PZ98-62--An application for a Home Occupation Permit for a Daycare for the property described as Lot 11, Block N, Woodland Subdivision Part 4, 1035 Redoubt Avenue, Kenai, Alaska. Application submitted by Kathy Smith, 1035 Redoubt Avenue, Kenai, Alaska. ~ Planning & Zoning Commission Page 2 Agenda December 23, 1998 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. Letter of appointment to Robert J. Newbry b. Letter of appointment to Donald R. Erwin c. Planning Commission Roster d. KPB letter dated 11/24/98 regarding Horseshoe End at River Bend S/D Garcia Addition e. Ordinance No. 1803-98 f. KPB Administrative Approval Horseshoe End at River Bend S/D Garcia Addition g. KPB Planning Commission Schedule for 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION November 25, 1998 - T:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Carl Glick called the meeting to order at 7:00 p.m. 1. CALL TO ORDER: a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY NORD. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes: October 28, 1998 NORD MOVED TO APPROVE THE MINUTES OF OCTOBER 28, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE. MINUTES OF OCTOBER 28, 1998 WERE APPROVED AS WRITTEN. 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 one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequences on the agenda as part of the General Orders. GOECKE MOVED TO APPROVE THE CONSENT AGENDA ITEMS. MOTION SECONDED BY NORD. Glick noted for the record that approval is recommended for PZ98-59 which is an application for a home occupation permit for a daycare center on 4th Avenue in Kenai and PZ98-60 is also for a home occupation permit for a daycare in Woodland Subdivision in Kenai. Planning & Zoning Commission November 25, 1998 Page 1 VOTE 2. 3. 4. BRYSON Yes NORD Yes SCHEDULED PUBLIC COMMENT: -None CONSIDERATION OF PLATS: GOECKE Yes GLICK Yes PZ98-5? -- Preliminary Plat -- Original Townsite of Kenai, Laddville Replat No. 3. GOECKE MOVED TO APPROVE PZ98-57. MOTION SECONDED BY NORD. Glick pointed out that the City Engineer made some comments regarding the plat and asked if those should be taken into consideration. Goecke responded that they should and as maker of the motion wished to assure those contingencies put in by the City Engineer are included. The second concurred. Staff had nothing additional. VOTE GOECKE Yes BRYSON Yes PUBLIC HEARINGS: NORD Yes GLICK Yes a. PZ98-55 -- An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska BRYSON MOVED TO APPROVE PZ98-55. MOTION SECONDED BY GOECKE. Public Hearing begins. Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska -Tribble reported that he owns the body shop and indicated that he has no neighbors as he has a very large parcel of land. Tribble also pointed out that he didn't realize a permit was required. Public Hearing closed When asked if staff had anything additional, Kebschull stated there were two items; the City Engineer believes there should be some limitation as Planning 8s Zoning Commission November 25, 1998 Page 2 to the amount of exterior storage of vehicles to ensure it does not become a "junk yard" and the residential integrity of the area is maintained. Additionally, the building official noted the fire marshall may need to verify that the codes were being met at the site. Kebschull also reported that the City actually visited the site and took some photographs. (These were shared with the Commission.) The photos give an indication of the number of vehicles on site at the present time. Bryson asked staff if there was any input from the neighbors. Kebschull indicated there were none but the investigation was a result of one complaint. The City is doing more checking in the Beaver Loop area because of the issues at the gravel pit. Goecke asked staff if the building official had an idea of the number of vehicles the applicant would be limited to. Kebschull answered it was non-specific and reiterated the concern was that it not become a storage area for dismantled vehicles. Kebschull continued, there were options to include limiting the number of vehicles or require some type of fencing or barrier, even with the barrier the number of vehicles would have to be limited. Tribble reported that he is the body shop for Seekins Ford and at the present time he has 3 of their vehicles and 3 insurance vehicles. Tribble indicated that he has to, and wants to, keep his yard clear at all times as this time of year he needs more space. Tribble continued, he has some vehicles that sit waiting for parts but usually they don't sit for more than a couple of weeks. Bryson asked Tribble if he considered any type of screening. Tribble responded that he wants to screen from Angler Drive down past the front of his property, which will be approximately half way between his land and the gravel pit. Bryson asked how many vehicles on site were owned by Tribble. Tribble answered he has 7 or 8 at this time. He buys and sells cars but they are sold off the Seekin's lot on consignment. Bryson asked how large the area of operation is at this time. Tribble answered that the structure is 60 x 110 and he plans to install 3 additional units in the spring. Bryson asked about the area outside the building. Tribble replied, he has 3 parking areas on the lot all of which can hold 4 vehicles, he can hold 12 vehicles at one time. Tribble added that he has a horseshoe drive and plenty of parking. Nord asked what the total size of the lot was. Tribble replied he has over 2 acres. Planning & Zoning Commission November 25, 1998 Page 3 Goecke suggested that staff and Tribble come up with a number of vehicles that can be visible from his lot at any one time. Goecke thought that since he can hold 12 vehicles outside at the present time, that could be the limit number. Bryson indicated that he is thinking along the same lines however they would have to differentiate between private use vehicles and business vehicles. Bryson asked for guidance from staff concerning a reasonable development without restricting the owner too much. Kebschull responded that staff's concern is not the vehicles he is working on but the dismantled, junked vehicles. Kebschull continued, it will be difficult to limit the number of cars in the area because he could make more parking. Perhaps the Commission could make a motion limiting the number of days a dismantled vehicle can remain on the lot. Goecke added that he thought restricting the number of days a dismantled vehicle is allowed on the lot is a viable solution and should alleviate most of the concerns of the City and the Commission. When asked, Tribble stated that he had no problem at all working with the City on a solution. He also noted that his vehicles rotate all the time. Bryson stated that the nature of the business is such that if a person does not pay then the vehicle will sit until he does. Tribble pointed out that he requires a 50% deposit and in a situation like that he will immediately file a lien. Tribble also added that he has no employees so only takes on what he can do himself. BRYSON MOVED TO TABLE PZ98-55 UNTIL THE NEXT MEETING WHICH IS SCHEDULED FOR DECEMBER 9, 1998. MOTION SECONDED BY GOECKE. VOTE NORD Yes BRYSON Yes GOECKE Yes GLICK Yes b. PZ98-58 -- A resolution of the Planning and 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. BRYSON MOVED TO APPROVE PZ98-58. MOTION SECONDED BY NORD. Public Hearing Begins Planning & Zoning Commission November 25, 1998 Page 4 1 Debbie Sonberg, 410 Cinderella, Kenai, Alaska -Sonberg encouraged the Commission to pass the resolution. Sonberg had a letter from Joan Buzzell which she read. In her letter, Joan Buzzell stated that she was very pleased with the improvements made by the City with regard to public notification of meetings, hearings, etc. Buzzell urged the Commission to pass resolution PZ98-55. Sonberg added that they have been more and more informed and the little changes they are seeing are important. Public Hearing Closed. Staff had nothing additional but noted that the resolution was at the recommendation of the City Council after public input. Goecke reported that at the last meeting he was not in favor of the resolution and didn't think it would make a lot of difference. Goecke added, there has been a lot of public testimony saying that they have become more aware of what is happening and that's without anything being posted. Goecke continued, that most of these residents have made themselves informed and thought a sign has the potential of impacting other neighbors. Goecke indicated that if the issue were voted on tonight he would vote against it and the motion will fail. Goecke stated the issue could be tabled until the Commission has a full body or go ahead with the vote and it will fail. Bryson indicated that Commissioner Goecke pointed out the strengths and weaknesses of being close to a quorum situation. Bryson stated when reading the first paragraph it indicates this applies to all proceedings which require public hearings. Bryson asked staff what proceedings the Commission has that don't require a public hearing. Kebschull replied, variances, encroachments, rezonings, and conditional use permits all require a public hearing and home occupations and plats do not. NORD MOVED TO TABLE PZ98-58 UNTIL THE NEXT MEETING SCHEDULED FOR DECEMBER 9, 1998. MOTION SECONDED BY BRYSON. VOTE BRYSON Yes GOECKE yes NORD Yes GLICK Yes 5. NEW BUSINESS: a. *PZ98-59 -- An application for a Home Occupation Permit for a Daycare for the property described as Lot 3B, Block 1, Glass Planning & Zoning Commission November 25, 1998 Page 5 Subdivision No. 2, 1702 4th Avenue, Kenai, Alaska. Application submitted by Shannon Fitt, 1702 4th Avenue, Kenai, Alaska. b. *PZ98-60 -- An application for a Home Occupation Permit for a Daycare for the property described as Lot 2, Block T, Woodland Subdivision, Part 4, 718 Sycamore Street, Kenai, Alaska. Application submitted by Debra K. Brown-Roper, 718 Sycamore Street, Kenai, Alaska. 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT ITEMS: 8. REPORTS a. City Council - No report b. Borough Planning Bryson reported that at the meeting on November 9, 1998 the consent agenda was approved. Item E-1, Unfmished Business was postponed until the next meeting. Item E-2 was dropped at the request of the applicant but will come back in the future. Item E-3 was approved. Item E-4 was tabled. Items F-1 and 2 were approved. The appeal under H-1, was upheld. The surveyor's concerns were addressed. At the November 23, 1998 meeting the consent agenda was approved. Item E-1, Unfinished Business, is the same issue that was tabled previously, was approved but will go to the Assembly for final approval. There was a great deal of input in support of the proposal but it appears the Assembly is not in favor of it. Item E-2 was approved. Item E-3, the concept was approved at the last meeting and the document was approved at the November 23 meeting. Item F-1 was approved with only vacating 3 feet of the easement. Item F-2 was approved and is the land swap with the City. Item F-3 was approved. Item G-1 was approved. Item G-2 was postponed pending additional information. c. Administration Kebschull asked that Commissioner's review the 1999 meeting schedule included in the packet. Kebschull also brought attention to the memo to Freas regarding Planning Commission training. Consideration is being given to the training being held on a Friday evening and a Saturday in January. Kebschull will keep the Commission informed of the status. Planning & Zoning Commission November 25, 1998 Page 6 Kebschull confirmed that the Commission decided to not cancel the meeting scheduled for December 23, 1998. 9. PERSONS PRESENT NOT SCHEDULED: Debbie Sonberg, 410 Cinderella, Kenai, Alaska -Sonberg spoke in reference to PZ98-58 and asked if extending the footage to 1000' from 300' would make a difference in how the Commission would vote. Sonberg added that notification at the 300' range would not reach all the neighbors concerned so by extending it there would be a larger base. At this time the neighbors share information and are trying very hard to stay informed. Sonberg stated that her neighborhood is willing to work with the Commission on the issue and perhaps extending it 600 to 1000 feet would be better. 10. INFORMATION ITEMS: a. Meeting Schedule for 1999 b. Letter to T. Werner-Quade dated 11/9/98 c. Commission Roster d. Letter of Resignation from Art Graveley dated 11/10/98 e. Memo dated 10/30/98 regarding training f. KPB Planning Commissioa Action of 11/9/98 g. Letter from T. Werner-Quade dated 11/16/98 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Goecke wished everyone a Happy Thanksgiving. Commissioner Nord wished everyone a Happy Thanksgiving. 12.. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:50 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission November 25, 1998 Page 7 L~ c~ STAFF REPORT To: Planning & Zoning Commission Date: December 15, 1998 Prepared By: JL/mk Res: PZ98-55 GENERAL INFORMATION Applicant: Tom Tribble Triple T Autobody 3520 Beaver Loop Road Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Conditional Use Permit -Autobody Shop Lot C, Michael C. Pelch Homestead 3520 Beaver Loop Road 04949016 RR--Rural Residential Residential Low Density Residential ADDITIONAL INFORMATION: The Planning Commission held a public hearing on November 25, 1998 to review Mr. Tribble's Conditional Use Permit. The Commission tabled the item to the next meeting to allow staff and Mr. Tribble to prepare a plan to present to the Commission. The Commission wanted a recommendation as to how many vehicles Mr. Tribble should be allowed to store at the residence as result of the business. Administration has made several attempts to contact Mr. Tribble by phone. A letter was sent on December 8th asking Mr. Tribble to contact the City with a plan to present to the Commission. Mr. Tribble called on December 9th and was advised he needed to contact staff no later than Monday, December 14th, with a proposal to present to the Commission. Mr. Tribble did not call on December 14th. Another attempt to contact Mr. Tribble on December 15th was unsuccessful. Due to the inability to contact Mr. Tribble, staff recommends that the following contingencies be included in Mr. Tribble's Conditional Use Permit: • During the public hearing on November 25th, Mr. Tribble stated he had parking available for 12 vehicles. Based on this information, it appears logical to limit the number of vehicles to 12. • In addition, staff believes a barrier to limit visibility from Beaver Loop is PZ98=55 Comment -Addendum Page 2 necessary. Staff recommends a barrier be constructed during the summer of 1999 and be in place no later than September 15, 1999. Staff recommends that Mr. Tribble be required to provide administration with a proposal for the barrier and that it be approved prior to construction. • The City of Kenai recently revised KMC 12.25.030 that defines junk vehicles. Even though this section of the code does not apply to businesses, because this business is located in a residential area, it appears the Commission should limit the time vehicle parts can be stored at the residence. Staff recommends a 60-day limit for storage of dismantled vehicles and miscellaneous parts. Contingencies: 1. Limit vehicle storage to twelve (12) vehicles. 2. Construct a barrier to shield vehicle storage from Beaver Loop Road. 3. Storage of dismantled vehicles and parts limited to 60 (sixty) days. RECOMMENDATIONS Recommend approval incorporating the above contingencies. ATTACHMENTS: 1. Resolution No. PZ98-55 2. Application 3. Drawings CITY OF KENAI ~~ c~ e~:~~ ~ >a~~>~„ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~n.ap 'IIIf~ 1992 October 26, 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 November 25, 1998: PZ98-55--An application for a Conditional Use Permit for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai; Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, 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 November 25th. For further 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 22, 1998 Prepared By: JL/mk Res: PZ98-55 GENERAL INFORMATION Applicant: Tom Tribble Triple T Autobody 3520 Beaver Loop Road Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Autobody Shop Lot C, Michael C. Pelch Homestead 3520 Beaver Loop Road 04949016 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. Applicant is applying for a permit as result of a complaint received by the City. Tribble states he was unaware that a permit was required. Kenai Peninsula Borough Sales Tax Department shows Mr. Tribble has been registered to collect sales tax since April 1, 1997. This property is owned by Jennie O. Cresap, 61 1 E. Main, Brandsville, MO 65688. Ms. Cresap is Mr. Tribble's mother. A letter has been received from Ms. Cresap giving Mr. Tribble permission to apply for the Conditional Use Permit. PZ98-55 Comment Page 2 ~') City Engineer: Traffic to and from the business is minimal. Some limitation as to the amount of exterior storage of vehicles may be appropriate. Building Official: Some building and fire code requirements may be needed. The City Fire Marshall should be notified if approval of this Conditional Use Permit occurs, at which time he will do an inspection for compliance. RECOMMENDATIONS This business has been in operation since at least 4/1 /97 (per KPB Sales Tax Records). The City has received only one complaint regarding this business. This business is located in aloes-density residential area that is near a mix of recreational businesses, gravel pits, and residences. It would appear that the requested permit would fit the requirements of KMC 14.20.150. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-55 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-55 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT: FOR: Tom Tribble, Triple T Autobodv USE: Autobodv Shop (Painting Cars & Trucks) LOCATED: 3520 Beaver Loop Road (Lot C, Michael J. Pelch Homestead) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: October 13, 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: 1. Limit vehilce storage to 12 vehicles. 2. Construct a barrier to shield storage from Beaver Loop Road. Prior to construction submit plans for approval. Construct by Se tember 15, 1999. SEE BELOW. 4. That a dpuly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: November 25 and December 23, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED AUTOBODY SHOP 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, DECEMBER 23 , 1998. CHAIR ATTES ~ 3. Storage of dismantled vehicles and parts limited to 60 days. RECEIVED lX-1~ 13 ~ CITY OF KENAI cmr a'F KENAI e.....,..... ---- -- CONDITIONAL USE PERMIT NAME ~"--~o. _ ~ ~ ~" ~ ` ~~P~~.. PHONE y~~ - MAILING ADDRESS j~ ~,~ ~~~ ~~ ADDRESS ~~ ~ LEGAL I~.O -~' C- If~C. ~+Q T ~lC_.~ ~{r~ S ~~+~. DESCRIPTION ~ ~ ~9 O ~ ~- ZONING C ORR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed dev op ent as described;/ Please submit site Plan, Map (if available) and ~1 Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before C~ the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is re uired to c th q over ese notification costs. (Please see attached sheet). r u v - An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS: Applicant Signature• ~~,`'n~ Date: ~~ - ~~~ c Approved at P&Z Meeting:L_~~~~ Approved: Chairperson Attest: ~7J o c c ~. ~e'J ~ ~~~~ ?~d' Brazzdsville, Mo. October 16, 1998 Cary R. Graves, 210 Fi~?ulgo Suite 200 Kenai, Alaslcr~. De~:.r Mr. ^xrsves: Ci_t~T Atty. 9;;611 Please be ~:.dv_ser,'. th4t as the otrner of pro;~erty locs.ted. a.t 320 Beaver Loop Road, Kenai, .~.las~c~:,, that Thomas Tribble, occupant, ciba ~s Triple T Hato Body, hs,s my permission to apply for a. conditional use rer^~it for this business. Ve r~T tru1;,J ~; our s i ~~~, G ~~ en~lie 0 . re sk; RECEIVED OCT 2 11998 [KERlA! LEGAL RCPT. D ~ ~ /~ l ~ a 'v Gl ro ~ a D -~ G fTl -j d z o a m ~ ~~ i n ~ ~~ ~ ra ~er~ N COWAN ESTATES w N '~,Ct' ~~~ H E E ~°o m~ ~ ~, ,~ ~'~ w __ ~~ ~~ D -i ~ ~T7 ITI N T ~~ I In ~l b CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE Kenai City Council Chambers 210 Fidalgo Avenue, Suite 200 November 25, 1998 @ 7 p.m. PLANNING & ZONING RESOLUTION NO. 98-58 A RESOLUTION OF THE PLANNING & 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 8s 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 VJHEREAS, 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) davs before the date of the required 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) davs 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 agent of the applicant or the City shall remove or tamper with any such required posted notice durine 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 stating that the notice was posted as required by this section. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23RD day of December, 1998. Chairman: Attest: CITY OF KENAI ~~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~a~~aq '~II~- 1992 December 8, 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 December 23, 1998: PZ98-63--An application for an Encroachment Permit for side yard setbacks for the property described as Lot SOA-2, Ellerman Subdivision, Addition No. 1. Application submitted by Tony A. Cobb, 1211 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 996 1 1-7794 prior to December 23rd. For further 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: 12/4/98 Prepared By: JL/mk Res: PZ98-63 GENERAL INFORMATION Applicant: Tony A. Cobb 283-701 1 121 1 4th Avenue Kenai, AK 9961 1 Requested Action: Encroachment Permit Legal Description: Lot 50A-2, Ellerman SD, Addition No. 1 Parcel No.: 04309057 Existing Zoning: RS--Suburban Residential 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 which 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 is requesting an Encroachment Permit for the front yard setbacks. The suburban residential zone requires a 25 foot front setback. The asbuilt provided by the applicant shows a 24.9' setback. City Engineer: None. PZ98-63 Comments City Engineer: None. Page 2 Building Official: Front and side yard setbacks are the same for corner lots - 25 feet. The plot plan drawn prior to issuing the building permit shows 25-foot setbacks. During the course of construction, the building was moved slightly resulting in a 24.9' setback on one side. Recommend approval. RECOMMENDATIONS It appears the requested Encroachment Permit fits the criteria of KC 14.20.185. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-63 2. Application 3. Asbuilt CITY OF KENAI PLANNING AND ZONING COMMISSION } ENCROACHMENT PERMIT RESOLUTION NO. PZ98-63 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: Tony A. Cobb LOCATED: 121 1 4th Avenue, Kenai, Alaska LEGAL: Lot 50A-2, Ellerman SD, Add. No. 1 - (04309057) BY: Tony A. Cobb WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on December 2, 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 does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) 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. (4) 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 December 23, 1998. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 23`d day of December, 1998. CHA , MAID' ,~ ATTES 1791-1991 ~iTY OF KENAI "l~~;l G~a~CU~a.I o~ ~4~i~ „ __ 210 FIDALGO KENAI, ALASKA 9 11 TELEPHONE 283 - 7535 FAX 907.283-3014 /4^ ~'Fi ~~ . ~F® A~~tiiLryO~ ~~ APPLICATION FOR ENCROACHMENT PERMIT NAME _ .^ n _ (,~,~ n ~y . lA 0~ ~ _~ ~L .~ STREET ADDRESS ~ Z l l ~~ ~ ~ Lr~ ~ L MAILING ADDRESS c?l~,M.~- LEGAL DESCRIPTION ~ c~ . ~~ - ~~ C- I ~ c,Y'rrc~,. v~ , !~ ~ ~ cl , nr~ ~ ~ ZONING DISTRhCT (Circle_ 1) C CC CG RR RR-1 RR-2 RS RS-1 RS-2 RU R IL IH PHONE oZ `b~ - ~b l ~ Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMBER TO INDICATE THAT YOII HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~"~ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. !u`'~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I 0 N A L C O M M E N T S Signature of Applicant: i J ~\ \\\ (4th, Avenue Fourth, Avenue 66' ROW ~ `IJ q W ^` W ~ ~ ~ ~ C~~~, LEGEND O Rebar (found) Scale: 1" = 20' F.B. ~: 98-8, pgs. 58-59 KENAI RECORDING DISTRICT Plat: 92-28 Date: 9 October, 1998 Drawn: REW W.O. # 97206 Disk: D33\Ellerman `l .~a~~~ 605 Swires Drive, Kenai, Alaska 99611-8363 SURVEYORS PHONE - (907) 283-9047 PLANNERS FAX --- (907) 283-9071 S89'57'17"E 70.15' Utility ~ 14.0'. d p :. Easement a I ~ ~- l >N ti_ I w I ~ I Porch I I ~- N 1 D.4' I " 5' _ I 19.8' C N I ~ I o ~ ~ j I I f-sfory . '~ r ~ ~ wood I Porch v N me ~ N .f 'd [D I house ~ Q ~ ~ ~ I ~ o Q 0 o I o 0 `~ I ~ ~ Z 127.1 ~ 3o.s' _ ~ ~' I I CJ Lot 50A- 2 I "' I I Note: Lot served by ~ City water & sewer 10' I 15' L---1 u7 N89'57'17"W 70.15' L~,Oo ~ ~Oo ~°9 AS-BUILT CERTIFICATION As-built Certificate ~ Vent Pipe I hereby certify that the improvements hereon exist as shown on the following described property. Lot 50A-2 Ellerman Subdivision Addition No 1 and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances should any data hereon be used for construction or for. establishing boundory or fence lines. ~ V~ STAFF REPORT To: Planning & Zoning Commission Date: December 3, 1998 Prepared By: JL/mk Res: PZ98-61 GENERAL INFORMATION Applicant: Roger Van Ordstrand 283-5269 5125 Silver Salmon Dr. #36 Kenai, AK 9961 1 Requested Action: Legal Description: Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation Permit - C.B. Radio Repair Highland Mobile Home Park, Lot 36 04917136 RR--Rural Residential Residential Low Density Residential General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Mr. Van Ordstrand proposes to operate a C.B. Radio Repair business from his residence. Traffic will be limited to individuals dropping off equipment and picking it up. It appears that the proposed use satisfies the requirements of KMC 14.20.230. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ98-61 2. Application 3. Drawings CITY OF KENAI ~~ PLANNING & ZONING COMMISSION RESOLUTION NO. PZ98-61 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: C.B. Radio Repair OPERATED BY: Roger Van Ordstrand LOCATED: 5125 Silver Salmon Drive. #36, Highland Mobile Home Park. Lot 36 (Parcel No. 04917136) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on November 20. 1998 2. That the application has been reviewed by the Commission at their meeting of December 23. 1998 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 23~d day of December 1998. HOME OCCUPATION PERMIT APPLICATION DATE: _ /~ ~ ~~ y ~ RECEfVED NQV 2 0 l~ CITY OF KEIVAI PUBIiC WORKS DEPARTME NAME: vow- ~~n ~ ~~wr~s f~r~,~ t~ PHONE: ,,~>~ 3 -- !;~~_ MAILING ADDRESS: S I ;,? ~ S; l~E ~ ~a ~~~~ 17!' ~ 3 PHYSICAL ADDRESS: ~sl~ ~-/. 1 ~'nur ~:~rrv S~op_,~ "~ (' 1~l ff ~ LEGAL DESCRIPTION: i~ !~~~.-1 ~--,~~ 7N: ~'_~I.+~.-r" ~_.~ ~ ~ ~ ~~~, „( _~ / _ PARCEL NUMBER: !~~l ~) / ~ ,,° .~ ~ ZONING: ~~' DESCRIPTION OF OCCUPATION: C ~ ,,,~~~ ~~.T ©~ v~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: • Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site elan showing square footage of all structures on the lot, including the residence and any accessory structures. In addition. show narking areas and traffic patterns. Clearly mark the area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Signature: ~' ~ Date: ~~,~ Application reviewed and approved by: f Plai><ning & Zoning Official Date: /„~/-~~~' T Approved by the Planning & Zoning Commission: Date: ;' ~~ : -=', ~ ,~~~;7 __._ __ _. ~'~ STAFF REPORT To: Planning & Zoning Commission Date: December 3, 1998 Prepared By: JL/mk Res: PZ98-62 GENERAL INFORMATION Applicant: Kathy Smith 283-6425 1035 Redoubt Avenue Kenai, AK 99611 Requested Action: Legal Description: Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation Permit -Daycare Lot 1 1, Block N, Woodland Subdivision Part 4 04335002 RS--Suburban Residential Residential Medium Density Residential KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Daycare is specifically listed as a use that qualifies as a home occupation. Ms. Smith has stated that she provides care for less than eight children. A drawing of the home is provided. There is no area of the home used exclusively for the daycare. The children use the kitchen, bathroom and living room and one bedroom on a limited basis. The Kenai Peninsula Borough parcel ownership data shows this residence as being owned by Stanley L. Broyles, 3501 Tanglewood Place, Anchorage, AK 99517. A letter has been sent to Mr. Broyles advising him of this application. RECOMMENDATIONS Based on the information provided, it appears that the daycare qualifies for a Home Occupation Permit. Recommend approval. ~ ATTACHMENTS: 1. Resolution No. PZ98-62 2. Application 3. Drawing CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ98-62 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Daycare OPERATED BY: Kathy Smith LOCATED: 1035 Redoubt Avenue (Lot 11. Block N. Woodland SD Part 4) WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on November 20. 1998 . 2. That the application has been reviewed by the Commission at their meeting of December 23. 1998 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 23rd day of December 1998. Chairman: ATTEST: ~~~.~ ~~~~~'~~ HOME OCCUPATION PERMIT APPLICATION DATE: / ~~ ~l - Ci ~. - - ~~,. NAME: '~?~~ ~ ~~, % ~~ PHONE: ~~ . ;. MAILING ADDRESS: `_- ~~. ;',' ~'%; ~=' ._e.Y..._.._.__ Lvov ~ o iy~o CITY OF KENAf PUBLIC WORKS DEPARTh1ENT ~~ ~i~; ~ / ' PHYSICAL ADDRESS: i ~' `' ~~%%; G' / ~~~s ~' ~ ; 'iii:; ~! /l ~`' i " LEGAL DESCRIPTION: L. / / l~`> /-. ~- ~-7~~„~ ~~~~-~~~ti~ ~' , ~ l`) I~i~-~ ~ =, ~~ PARCEL NUMBER: l'~'-f ? ~ J ` ~~~= ~~ ZONING: L _ j i DESCRIPTION OF OCCUPATION: ~r ~i ~ % ~~ _ /' -r' <" - `) -_~ ~. -'-~~'- ~, ~ -; -~~' Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot. including the residence and any accessory structures. In addition. show parking areas and traffic aatterns. Clearly mark the area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. ~' - Applicant's Signature: ~, ~:- f/``'= / ~~' .: ~~ /f ~ Date: Vii' <~( ,' ;~= Application reviewed and approved by: ~_ ~ tti l'L ~ ,~,u~~~-~~ ~pladning & Zoning Official Date: /~.Z.~,./~.i',~ Approved by the Planning & Zoning Commission: Date:,~.~~~ _~ '-; ~ '~ Q C~ AGENDA KENAI CITY COUNCIL -REGULAR MEETING December 2, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us/ ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1803-98 -Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." 2. Ordinance No. 1804-98 -Appropriating $17,056 in the General Fund for Legislative Department Salaries. Q~~3. Ordinance No. 1805-98--Appropriating $145,650 in the '98 Water st m Im rove nt S C it l P t F d p y e me s ap rojec a un . ~~ 4. Ordinance No. 1806-98-Appropriating $900,000 in the Well ~ Q House No. 4 Capital Project Fund. ~ k~~~5. Resolution No. 98-83--Transferring $4,000 in the Airport Land 0 System Special Revenue Fund and the Airport Terminal Enterprise Fund. ~~~ 6. Resolution No. 98-84--Declaring the Seagraves Class A 1250 gpm ~j p Pumper Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. ~Q;,1,Q,Q~7. Resolution No. 98-85--Declaring the Advanced Life Support Equipment (Physio-Control LifePak 5) Surplus and Donating it to the Community of Hope-Sunrise. OQ,,Q,Q,¢.~8. Resolution No. 98-87--Transferring $21,000 in the Kenai ARFF Capital Project Fund for the Payment of Interest on Retainage. OQ~Z~~i 9. *1999-2000 Liquor License Reaewals - a. K-Mart #3623 -Package Store b. Eadie's Frontier Liquor -Package Store ~~~~ 10.*Liquor License Transfer -Casino Bar. 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 8s Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. 2. Purchase Orders Exceeding $2,500. 3. *Ordinance No. 1807-98 -- Appropriating $60,000 for the Design of aMulti-Purpose Facility. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J• 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None scheduled. ITEM K: ADJOURNMENT j~ ll AGENDA KENAI CITY COUNCIL -REGULAR MEETING DECEMBER 16, 1998 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us/ ITEM A• CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C• PUBLIC HEARINGS ~~z~¢~ Gf. 1• Ordinance No. 1807-98-- Appropriating $60,000 for the Design of a Multi-Purpose Facility. ~~ 2. Resolution No. 98-86 -- Awarding a Contract for Professional Design Services to Architects Alaska/Klauder & Co. for the Project Entitled, Multi-Purpose Facility" for the Total Amount of $54,458. ~~Ll. 3. Resolution No. 98-88 -- Supporting the Efforts of the State of Alaska , Department of Health and Social Services to Obtain Funding for the Construction of a Youth Detention Facility. 4. *1999/2000 Liquor License Renewal -- Peninsula Oilers Baseball Club, Inc./Recreational Site. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 5. Parks & Recreation Commission 6. Planrl;~g & 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• MII~iUTES 1. *Regular Meeting of November 18, 1998. 2. *Regular Meeting of December 2, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H• NEW BUSINESS ~~~~°~f~l~ 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1808 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Crow Court Capital Project Fund. ~~9~a-f-~~'7i`-C11~ 4. Approval -- Assignment of Lease/Security Assignment of Lease -- Ronald A. Yamamoto to L & M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina Marion/Lot 3, Block 1, Gusty Subdivision. 5. Discussion -- Designation of Director Appointees/Challenger Learning Center of Alaska. 6. Discussioa -- Proposed Ticket Counter Lease Agreement for New Airline Service -- Airline Support, Inc. 7. Discussion -- Dip Net Fishery 8. Discussion -- Kenai Peninsula Borough Animal Control Ordinance. 9. Discussion -- Kenai Municipal Airport Request for Qualifications-- Aviation Consulting Services -- DRAFT. -2- ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K• ADJOURNMENT -3- ,j ~-~ ~,. _. P KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY / SOLDOTNA,ALASKA December 14, 1998 7:30 P.M. Tentative Agenda John Hammehnan chairman Areaw;de Tenn Expires 1999 Philip Bryson vice Chairman Kenai City Term Expires 2001 Am Whitmore-Painter Parlismemtarian Moose Pass Area Tern Expires 2000 Peggy G. Boscacci PC Member Seldovia City Tern Expires 2000 i Wayne Carpenter PC Member Seward City Term Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 2001 Wes Coleman PC Member solaotna coy Term Expires 1999 Leroy Gannaway Pc Member Homer city Term Expires 2001 Ellis Hensley, Jr. Pc Member Nikiski Term Expires 1999 stunt Johnson PC Member Kasilof Area Tenn Expires 2000 Jim Skogstad PC Member Hope Term Expires 2001 i A. CALL TO ORDER B. ROLL CALL R~cEr Q ~~® EC X31 `~ c~~ C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the cxmsent agenda are considered routine and nomcotrtroversial by the Plannwg Commission amd will be approved by one motion There will be rw separate discussion of these items unless a Plamring Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its r-ormal sequence on the regular agenda. Tf you wish to comment om 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 corrunent. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC -None c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Philip Bryson b. Wes Coleman 1 -~~ ~ 8. Minutes ..~° ~...., ., -~ t s`. a. November 23, 1998 Plat Committee Minutes 1 b. November 23, 1998 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaks unless previous arrangements arc made.) E. UNFII~IISHED BUSINESS 1. KPBPC Resolutions; Petition to vacate ten feet of the fifteen feet road and utility easement within Lot 10-A, Charles 7. Doser Subdivision No. Two (Plat 96-47 KRD). Said easement was granted by filing of Charles 7. Doser Subdivision (Plat k-554 KRD) and carried forward to the replat. Being within Section 7, Township 5 North, Range 8 West, Seward Meridian, Kenai Recording District, Alaska; KPB File 98-263; KPBPC Resolution 98-62 F. PUBLIC HEARINGS 1. Vacate the fifty foot wide right-of--way for road way and public utilities within the easterly fifty feet of Lot 19B, Digel River Subdivision (Plat 89-21 KRD). Said easement; created by Patent Number 1229414, issued by Bureau of Land Management; is within Section 26, Township 5 North, Range 8 West, Seward Meridian, Alaska. 2. Vacate the full width of the 33 foot wide roadway and utility easement as shown on the plat of Marysville Too (Plat 86-93 Homer Recording District); and further described in the federal patent. Said easement, within the westerly 33 feet of Marysville Too Subdivision is located within Section 4, Township 5 South, Range 15 West, Seward Meridian, Alaska. 3. Renaming Aero Avenue to Burdock Avenue, KPBPC Resolution SN 98-05, Aero Subdivision, Section 10, T3N, R12W, S.M., Kasilof Area; Applicant, Foundations, Inc. 4. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat) and a portion lying within the S'/z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080 5. Proposed Resource Development classification of borough land located in the Hope area known as the Hope Airport Gravel Site and described as a portion of land lying within Section 34, T10N, RZW, S.M., Alaska, containing approximately 29.59 acres, pursuant to KPB Code of Ordinance, Chapter 17.10.080 6. Proposed Preservation classification of borough land located. in the Seward area described as the west 132 feet of the east 330 feet of Government Lot 6, Section 35, T1N, R1W, S.M., Alaska, lying south of Old Nash Road containing approximately 0.91 acres, pursuant to KPB Code of Ordinances, Chapter 17.10.080 7. Variance Request to Floodplain Management Standards; Port Graham Corporation; Port Graham 8. Ordinance 98-71: Amending KPB Chapter 21.20 to Provide that Board of Adjustment Hearings will be Based on the Record and not De Novo 9. Ordinance 98-72: Authorizing the Sale of Four Tracts by Sealed Bid within the Sunrise View Subdivision in Conjunction with the Sealed Bid of Tract A, Sunrise View Subdivision as Authorized by Ordinance 98-39 and Rescheduling the Sale Date 10. Ordinance 98-74: Authorizing the Conveyance of a 9.64+ Acre Parcel within the City of Kenai next to Kenai Central High School to the City of Kenai at Other than Market Value for Public Facilities 11. Ordinance 98-76: Enacting Chapter 8.10 of the Kenai Peninsula Borough Code of Ordinances Providing for Limited Dog Control in the Area of the Borough Outside of Cities G. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the ten foot utility easement centered on line common to Lots 9 and 10, Silver King Camp Unit III (Plat 85-45 HRD); within Section 4, Township 5 South, Township 15 West, Seward Meridian, Homer Recording District, Alaska 2. Vacate the ten foot utility easement centered on lot line common to Lots 6 and 7, Block 3, Moose Range Meadows Subdivision Phase II and amended (Plats 86-137 and 87-100 Kenai Recording District); within Section 1, Township 4 North, Range 10 West, Seward Meridian; Alaska. Said easement was granted by Note 6, under general notes, on Sheet 1 of said plat; PC Resolution 98-63 H. SPECIAL CONSIDERATIONS 1. Brogdon, Gary & Judy; Plat Waiver Application; Section 26, TSS, R12W; KPBPC Resolution 98-64; KPB File 98-283 2. Camelot by the Sea S/D; vacate easement Lot 9, Block 6 & Lot 24, Block 5; Time Extension Request by Petitioner Diane Elhard; KPB File 97-131 3. Final Plat with Exception Request to July 13, 1998 Plat Committee Decision, Moonlight Meadows; KPB File 98-142 [Roger Imhoff) 4. Appeal of Plat Committee October 26, 1998 Action; Sunrise View Subdivision Revised Preliminary Plat, Cooper Landing area, KPB 98-225, McLane Consulting Group I. CONSIDERATION OF PLATS Eleven plats are scheduled for Plat Committee review. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Greater Seward Advisory Planning Commission Ballot Summary M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec 13, T6S, R14W, S.M., AK. North of Homer, west of West Hill Road; KPB File 98-010; carried forward from January 26, 1998 Postponed until brought back to the Commission by staff: 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. 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 Postponed until brought back to the Commission by staff: 4. Vacate the entire of the fifteen foot wide drainage and underground utility easement within the easterly fifteen feet of Lot 24, AA Mattox 1958 Addition Unit 2 Amended (Plat 83-89 & 84-8 HRD); and vacate the ten foot wide utility easement within the westerly ten feet of Lot 25, of said A.A. Mattox subdivision; being within Section 17, TSS, R13V~', Seward Meridian, Alaska. Within the City of Homer; carried forward from November 23, 1998 Postponed to January 26, 1999. Q. ADJOURNMENT The Plat Committee will meet December 14, 1998 at 5:30 p.m., Planning Department, Borough Administration Building, Soldotna. THE PLAT COMMITTEE AND PLANNING COMMISSION MEETS ONLY ONCE IN DECEMBER FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is January 11, 1999 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. TUESDAY, January 26,1999 the Plat Committee meets in the Homer City Council Chambers, 491 East Pioneer Avenue, Homer, at 5:30 p.m. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is January 11, 1999 at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna. TUESDAY, January 26,1999 the Planning Commission meets in the Homer City Council Chambers, 491 East Pioneer Avenue, Homer, at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. AML Touchstone, Volume 8, No. 5, November 1998 2. Seward Planning Commission November 4, 1998 Minutes 3. Homer Advisory Planning Commission November 4, 1998 Minutes 4. Homer Advisory Planning Commission November 18, 1998 Minutes 5. Kachemak Bay Advisory Planning Commission December 3, 1998 Agenda 6. Kachemak Bay Advisory Planning Commission November 19, 1998 Approved Minutes PLANNING DEPARTMENT Phone: 907-262-4441, eztension 260 Phone: toll free within the Borough 1-800-478-4441, eztension 260 Faz: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept OTHER MEETINGS Cooper Landing Advisory Planning Commission December 8 Funny River Advisory Planning Commission December 14 Kachemak Bay Advisory Planning Commission December 17 Anchor Point Advisory Planning Commission January 5 Moose Pass Advisory Planning Commission January 6 Kachemak Bay Advisory Planning Commission January 7 Funny River Advisory Planning Commission January 11 Cooper Landing Advisory Planning Commission January 21 Kachemak Bay Advisory Planning Commission January 21 KENAI PENINSULA BOROUGH PLAT COMMITTEE PLANNING DEPARTMENT BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA, ALASKA December 14, 1998 5:30 P.M. Tentative Agenda REC~F~ DEC23'~ ~ A. CALL TO ORDER . Mem,er:: B. ROLL CALL se~idovi~c~i C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 21100 Wayne carpenter 1 • Agenda Seward City Term Expires 1998 2. Member/Alternate Excused Absences Jim Skogstad Hope a. No excused absences requested. Terre Expires 2001 Ann YYhitrrwre-Painter 3. Minutes Moose Pass Area Terre Expires 2000 a. November 23, 1998 D. CONSIDERATION OF PLATS ALTERNATES: Robert ciott: 1. Barnett Resub Lot 2 Unit 1; Homer City ~h ~ 2~~ Preliminary; Ability Surveys for P. Larson/D. Peterson KPB File 98-258 Leroy t3annaway Rescheduled from November 9, 8~ 23, 1998 Homer City Term Expires 2001 2. Original~Townsite of Kenai Laddville Replat No. 3; Kenai City Preliminary; Segesser Surveys/Ladd KPB File 98-270 Rescheduled from November 23, 1998 pending receipt of city minutes 3. Spruce Grove Murphy's Replat; Kenai City Preliminary; Integrity Surveys KPB File 98-278 4. Fjords S/D No. 2; Exit Glacier Road Preliminary; Johnson Surveys/B. Ferguson KPB File 98-279 5. Schwartz S/D 1998 Addn.; Funny River Preliminary; Johnson Surveys/L. Hams; M. Dyer i KPB File 98-280 i .«+."' r+° ^;ytiB„ ~ 4` `~ ~~„ .~ ~ ys • i .} ~~t~s, 6. Kinrod 1998 Addn.; east of Ninilchik ' Preliminary; Johnson Surveys/B. Tibbs KPB File 98-281 7. Questa Woods Estates No. 3; north of Seward Revised Preliminary; Johnson Surveying/J.B. Woods KPB File 98-273 8. Wapiti Acres; Echo Lake Road Revised Preliminary; Swan Surveying/B. Ward KPB File 98-191 9. Loomis S/D No. 3; west of Feuding Lane Preliminary; Whitford Surveying/V1/. Caffyn KPB File 98-282 10. Anderson 1998 Addn.; Homer City Preliminary; Roger Imhoff/A. Lima KPB File 98-284 11. Berry S/D No. 2 Jenny Way Dedication; Homer City Preliminary; Roger Imhoff/A. Nelson KPB File 98-285 E. ADJOURNMENT THE PLAT COMMITTEE MEETS ONLY ONCE IN DECEMBER. The next regularly scheduled Plat Committee meeting is January 11, 1999 at 5:30 p.m. in the Planning Department (top floor) in the Borough Administration Building, 144 North Binkley, Soldotna. i~G CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 -- IIII'1 ~~z December 17, 1998 Robert J. Newbry 3055 Kim-N-Ang Court Kenai, AK 99611 RE: APPOINTMENT -PLANNING 8a ZOMNG COMMISSION City of Kenai At their regular meeting of December 16, 1998, the Kenai City Council confirmed your appointment to the City of Kenai Planning 8v Zoning Commission. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 3. KMC Chapter 14.05 entitled, "Planning 8v Zoning Commission." 4. KMC Title 14 entitled, "Planning & Zoning." The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. at City Hall. Meeting agendas and packets will be mailed to you prior to each meeting. The next Planning 8v Zoning Commission meeting is scheduled for December 23, 1998. Also enclosed is a 1998 Conflict of Interest Statement which you are required to - complete and return by January 17, 1999. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Car . Freas Cit Clerk clf Enclosures ~,~ CITY OF KENAI -- G~ ~ y4~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 - - 1 (II'® is9z December 17, 1998 Donald R. Erwin 1603 Fathom Drive Kenai, AK 99611 RE: APPOINTMENT - PLANMNG 8s ZONING C0IVIIVIISSION City of Kenai At their regular meeting of December 16, 1998, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees. 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 3. KMC Chapter 14.05 entitled, "Planning & Zoning Commission." 4. KMC Title 14 entitled, "Planning & Zoning." The Planning 8v Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. at City Hall. Meeting agendas and packets will be mailed to you prior to each meeting. The next Planning 8s Zoning Commission meeting is scheduled for December 23, 1998. Also enclosed is a 1998 Conflict of Interest Statement which you are required to complete and return by January 17, 1999. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Car L. Freas City Clerk clf Enclosures ~~: PLANNING 8a ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Donald R. Erwin 2000 1603 Fathom Drive Kenai, AK 99611 283-7570 (home) 283-1303 (work) drerwin#marathonoil. com Carl Glick 2001 P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson 2001 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Robert J. Newbry 1999 3055 Kim-N-Ang Court Kenai, AK 99611 283-9349 (home) 283-7616 (work) gizmo@eagle. ptialaska. net 1999 I Kenai, AK 99611 283- (home) 283- (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work) Ad Hoc: Hal Smalley 105 Linwood Lane Kenai, AK 99611 Telephone: 283-7469 (home) 283-5177 (work) Contract Secretary: ASAP Answering Service 170 Corral Street, Suite A Soldotna, AK 99669 (262-5000) (12/ 17/98) 16~' KENAI PENINSULA E30R000H 144 N. BINKLEY • SOLDOTNA, ALASKA ' 99669-7599 r ~. _' =' BUSINESS (907) 262-4441 FAX (907)262-1892 November 24, 1998 Pat Malone Wince-Corthell-Bryson PO Box 1041 Kenai, Alaska 99611 RE: Horseshoe End at River Bend S/D Garcia Addition KPB File No. 98-066 MIKE NAVARRE MAYOR Prior to final approval, Borough signature and recording of the above mentioned subdivision plat, the following are required or requested: 1. Show KPB File number 98-066 in or near title block. 2. The utility easement shown outside the west boundary of this subdivision is unnecessary graphics and makes the bearing and distance along that line difficult to read. Please remove from plat. 3. Lines and text which intersect will not copy legibly. Please revise all instances of this on this plat. 4. per staffs instructions, you were incorrectly requested to place the flood plain note (number 6) on this plat. The city of Kenai does not participate in the KPB Floodplain management program. Please replace the note with the following: Lots within this subdivision are within the Kenai River Habitat Protection Area. Development may be subject to the requirements of Title 21 Borough Code of Ordinances. 5. Certificate to Plat. 6. Signatures of owners of record as indicated by Certificate to Plat. 7. Compliance with any items within Certificate to Plat which may affect this subdivision. Mylar not submitted at this time. Tax Certificate on file is valid through December 31, 1998. preliminary approval is valid through April 27, 1999. ~~~ Mary Toll, GIS Acting Platting Officer copy to: Richard Ross, Manager City of Kenai 210 Fidalgo Kenai AK 99611 Chris and Delora Garcia PO Box 203 Kenai AK 99611 98-066.LT1 l / \ ~ (~ ~y, SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1803-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CITY CODE AT KMC 12.25.030 TO MORE CLEARLY DEFINE "JUNK VEHICLE." WHEREAS, KMC 12.25.030 currently does not set clear standards as to what constitutes a junk vehicle; and WHEREAS, it is in the best interest of the City of Kenai to design clear standards so enforcement will be easier and more efficient; and WHEREAS, a better definition of a junk vehicle will provide the public with clearer notice of what is not allowable; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 12.25.030 be changed to read as follows: 12.25.030 Leaving of (WRECKED, DISCARDED, NON-OPERATINGI Junked or Ille~ally 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. (e) Notwithstanding the provisions of subsection (c), if the City Manager has reasonable grounds to believe that repairs can be made to render a funk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have Ordinance No. 1803- 98 Page 2 of 2 performed such repairs that the vehicle does not pose any health or safety hazard and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may 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 iunkyard or other salvage or repair business where other requirements of the law have not been met. jfl "Junk vehicle" means a motor vehicle that is: j 1) Not currently registered for operation upon the public roads of the City; or f 2) In a condition which exhibits two of the following elements: i. A substantial amount of broken or missing 1~~ ii. Missing two or more wheels or tires; iii. Missing a body panel or body part, such as quarter panels bumper trunk lid or hood; iv. Missing an essential component such as the engine transmission carburetor, distributor, brake or wheel cylinder brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or j31 Stripped wrecked or otherwise inoperable due to mechanical failure; or I41 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. j¢) It is an affirmative defense to a prosecution under subsection (fl(1) above that the motor vehicle is used only for motor vehicle racing and has been in a legal competitive racing event within the preceding one year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of O~cPmbPr,1998. H. .P_ ;*~;nrtc3. Mess es ATTEST: ,~ ~'~~? ~ Sh~.ryi, A. Padilla, Introduced: November 4, 1998 Acting Cit~• Clerk Adopted: December 2, 1998 Effective: January 2, 1999 (11/23/98 sp) l~~ KENAI PENINSULA BOROUGH 144 N. BINKLEY ° SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 MIKE NAVARRE MAYOR ADMINISTRATIVE APPROVAL Subdivision: Horseshoe End at River Bend Subdivision Garcia Addition KPB File 98-066 The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat. Administrative Approval has been granted by the undersigned on December 7, 1998. The time limit for filing the plat with the District Recorder will expire one year from approval date. ~YY) _ Mary T 1 Acting Platting Officer NOTARY ACKNOWLEDGEMENT: Subscribed and sworn before me this ~ day of ~~ ~ ~~ Y' , 1998. Notary Public for State of Al My Commission Expires: 1-1 -~1 Nf~TARY PUBLIC STATE OF ALASKA MARIA E. SWEPPY SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER. REc~ o ~VFD FCC// '~oF /c vF BERT ~ MFNt KENAI PENINSULA BOROUGH PLANNING COMMISSION SCHEDULE OF MEETINGS DECEMBER 1998 -DECEMBER 1999 .L MEETINGS WILL BE HELD IN THE BOROUGH BUILDING UNLESS OTHERWISE NOTIFIED. THE JANUARY 2G, 1999 .tEETING WILL BE HELD IN THE CITY OF HOMER. ALL MEETINGS WILL BE HELD ON MONDAY EVENING STARTING AT 7:30 P.M. UNLESS OTHERWISE NOTIFIED. ONE MEETING WILL BE HELD ON TUESDAY: JANUARY 26. ONLY ONE MEETING IS SCHEDULED FOR DECEMBER. DECEMBER 14, 1998 AND DECEMBER 13, 1999. [PLATS ARE CURRENTLY BEING REVIEWED BY THE PLAT COMMITTEE AT 5:30 P.M.; HOWEVER THIS 15 SUBJECT TO CHANGE] ALL SUBDIVISION PLATS AND/OR SUBDIVISION RELATED ITEMS TO BE CONSIDERED, MUST BE IN TI IE PLANNING DEPARTMENT OFFICE BY 5:00 P.M. ON THE CUT-OFF DATE FOR EACH MEETING AGENDA AS INDICATED BELOW. (Subdivision related items include, but are not limited to; Time Extension Requests; Plat Waiver Applications; Building Setback Exceptions) SUBDIVISIONS WITHIN A CITY; MUST BE REVIEWED BY THE CITY PRIOR TO SUBMITTING TO THE BOROUGH. THIS SCHEDULC DOES NOT PERTAIN TO APPEALS: VACATION PETITIONS• AND ITEMS REQUIRING A PUBLIC IIEARING ALL OTHER ITEMS TO BE CONSIDERED BY THE PLANNING COMMISSION MUST BE IN THE PLANNING DEPARTMENT OFFICE BY 12:00 NOON ON THE CUT-OFF DATE INDICATED BELOW. IF THE CUT-OFF DATE FALLS ON A HOLIDAY THE NEXT WORKING DAY WILL BE CONSIDERED THE CUT-OFF DATE. Agenda Cut-Off' Dates Meeting Date Planning Commission Items Subdivision Plats and/or Subdivision Related Items December 14, 1998 November 30, 1998 November 23, 1998 January 11, 1999 December 28, 1998 December 2l, 1998 TUESDAY January 26, 1999 January 11, 1998 January 4, 1999 February 8, 1999 January 25, 1998 January 18, 1999 February 22, 1999 February 8, 1999 February 1, 1999 March 8, 1999 February 22, 1999 February I5, 1999 March 22, 1999 March 8, 1999 March I, 1999 April 12, 1999 Mazch 29; 1999 March 22, 1999 April 26, 1999 April 12, 1999 April 5, 1999 May 10,7999 April 26, 1999 April 19, 1999 May 24, 1999 May 10, 1999 May 3, 1999 June 14,;1999 May 31, 1999 May 24, 1999 June 28, 1999 June 14, 1999 June 7, 1999 July'12;-1999 9une 28, 1999 June 21, 1999 July 26, 1999 July 12, 1999 July 5, 1999 August 9, 1999 July 26, 1999 July 19, 1999 August 23, 1999 August 9, 1999 August 2, 1999 September 13, 1999 August 30, 1999 August 23, 1999 September 27, 1999 September 13, 1999 September 6, 1999 October l l; 1999 September 27, 1999 ' September 2Q, 1999 October 25, 1999 October 11, 1999 October 4, 1999 November 8, .1999 October 25, 1999 October 18:; 1999 November 22, 1999 November 8, 1999 November 1, 1999 December 13, 1999 November 29; 1999 November22,1999 i o~ City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 1 7b: Peninsula Clarion (Attn: Terri) From: Marilyn Kebschull Fax: 907-283-3299 Pages: One Phase: 907-283-7551 Date: December 8, 1998 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Terri: Run the following announcement on December 16 and 18, 1998. Bill this under the open purchase order. Thanks. December 8, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http://www.ci.kenai.ak.us PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of December 23, 1998: a. PZ98-55-An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska. Continued from November 25,1998 meeting. b. PZ98-58-A resolution of the Planning 8~ 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. Continued from November 25,1998 meeting. c. PZ98-63-An application for an Encroachment permit for side yard setbacks for the property described as Lot 50A-2, Ellerman Subdivision, Addition No. 1. Application submitted by Tony A. Cobb, 1211 4"' Avenue, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application 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 December 23rd. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933. Publish: December 16 and 18, 1998 • Page 2 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907)283-7933 ~~ To: Terri Brown From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 Date: December 3, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, December 7, 1998 and Wednesday, December 9, 1998. This will be in place of the agenda you normally publish. This will be charged against the open Purchase Order you have. In addition, could you provide this information to whoever handles the Community Calendar so that it can be included in that section of the paper. Thanks. CITY OF KENAI PUBLIC MEETING NOTICE The City of Kenai Planning and Zoning Commission's December 9th meeting has been cancelled due to the lack of a quorum. The next regularly scheduled meeting will be held December 23, 1998 at 7 p.m. at City Hall in Council Chambers. For further information, call 283.7933. Marilyn Kebschull Planning & Zoning Administration Publish: December 7 & 9, 1998 CITY OF KENAI n ~~ ~ o~ f~I~G~ -~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 FAX 907-283.3014 ~ `I Iil• ass: MEMO: .\ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: December 3, 1998 SUBJECT: December 9, 1998 Meeting Cancellation City Council has cancelled your December 9, 1998 meeting due to the lack of a quorum. As you are aware, Commissioner Bryson will be unavailable to attend the meeting that will result in the lack of a quorum. City Council will be appointing new commissioners at their meeting on December 16~'. If you have any questions, call me at 283-7933. 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 Lt' ~~ To: Terry Brown From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: December 18, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, December 21, 1998. This will be charged against the open Purchase Order you have. Thanks. December 18, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS December 23,1998 at 7 p.m. http://www.ci.kenai.ak.us 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ98-55-An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska. Continued from November 25, 1998 meeting. b. PZ98-58--A resolution of the Planning & 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. Continued from November 25, 1998 meeting. c. PZ98-63-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 50A-2 Ellerman Subdivision, Addition No. 1. Application submitted by Tony A. Cobb, 1211 4"' Avenue, Kenai, Alaska. 3. NEW BUSINESS: a. *PZ98-61--An application for a Home Occupation Permit for a C.B. Radio Repair Shop for the property described as Highland Mobile Home Park, Lot 36, 5125 Silver Salmon Drive, #36, Kenai, Alaska. Application submitted by Roger Van Ordstrand, 5125 Silver Salmon Drive, #36, Kenai, Alaska. b. '"PZ98~2--An application for a Home Occupation Permit for a Daycare for the property described as Lot 11, Block N, Woodland Subdivision Part 4, 1035 Redoubt Avenue, Kenai, Alaska. Application submitted by Kathy Smith, 1035 Redoubt Avenue, Kenai, Alaska. 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933. Marilyn Kebschull Planning & Zoning Administration Publish: December 21, 1998 • Page 2 i~ O C7 Z H W W Z ~_ N _N U C7 _Z Z O N o~S C7 Z Z Z Q J a N Z w } O w ~ ~ o C ? U OC OC O O w J m w C7 Z Z C7 ~ -F- ~ x Z w } O Z ~ w ~ m Y ~ ~ ~ U_ oC p~ 0 0 w J m w C7 Z Z C7 c~ N .t Z w ~ O Z Y m w 0 ~[ ~ ~ 0 C ~ U DC pC O O w J m w C7 Z Z C7 --a.- T ~ T . N ~ x Z w >- O Z Y w ~ m ~C ~ ~ O C ~ U oC pC O O w J m w C7 Z Z C7 ~ ..j . .~ C~ ~- y Z w } O Z Y m w O ~ ~ ~ o C ~ U DC OC O O w J m w C7 Z Z C7 ~ ~ `7` N Z w } O w O ~ a C ~ U oc o~ 0 0 w J m w C7 Z Z C7 I -~ _ ~ SIGN IN SHEET PUBLIC HEARING-- ~' ~ ~' , 1998 i i NAME (ADDRESS I L~ it i~ it i I I ...~ i I I I I i Page 1 CITY OF KENAI PLANNING AND ZONING COMMISSION GOALS & OBJECTIVES 1998 1. Review KMC Title 14, Zoning Code, and update or modify where necessary. • Review and update each section. • Clarify that intent of zones is accurate as zones exist today and consistent with changes that have taken place within city. • Compare Comprehensive Plan with Title 14 and zoning and resolve any conflict. • Update Development Requirements Table to incorporate Land Use Table changes, DEC requirements, building code requirements, etc. • Update definitions and include definitions for all designated uses in the Land Use Table. • Update subdivision design standard requirements to provide specific development standards. 2. Review Planning Commission's relationship with Townsite Historic District Board. • Consider ad hoc membership for both the Planning & Zoning Commission and Townsite Historic District Board. CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ uFa~r.an 1IIII~ 1992 MEMORANDUM TO: Marilyn Kebschull, Administrative Assistant FROM: Carol L. Freas, City Clerk City of Kenai DATE: December 17, 98 RE: Oath of Office for Planning 8s Zoning Commissioners According to Section 4-5 cf the Kenai City Charter, you are hereby authorized to administer the oath of office to Robert J. Newbry and Donald R. Erwin at the December 23, 1998 Planning 8v Zoning Commission meeting. Attached are the Oath of Office documents for your use. Please return the forms upon signature by you, Newbry and Erwin. Thanks. D ~ v '`~ °~ ~ V ~ `~ W V ° z w - ~ ~ ~ o ~ ~ ~ ~ ~~ ~ ~ ~ `~. ~ ~ 0 N ~ ~ ~ ~ ~ N ~ ~ ~ ~, ~ ~ ~~ ~., ~ Z_ Z Q ° ~ G. Z Q z - ~ ~- J a w w ~ - __ . ~ h J .. .. ..,.5 .....~ ~, ..'., ._ ~ (~ Z W W Z ~ W N W W M ~ Q /W~ +. O ~ U J Z U ~ ~ ~ Y w ~ O ~ ¢ ~ = U W d cd cE m ~' U ~ ~ ai U a~ ~ ~ Q U m 2 Q W w O O O m Q W ~ ~ W Q U N W H E 'v 'o ~ J cYi f6 Y ~, '~ Q- ~ ~ m U a ~ ~ m ~ O U ~ ~1 ___- _... ~~ ~~'• '~ l ~'~ ~. n ~ ~ ~ ~ ~ ~ ~ I / <\\\ Q I ;... / - -_ ! / O U ~ ~ '. ~. ~' ~ \ __ 5.. W - - - V a , ~ ~ ~ I~ ~ \ > - ~ ~ Z - W - Q ~ i -- cwt ~ \ - ~ ~~ - \ -- ~ r _~ ~ ~ '~ ~;- ~ ~ O'' ~' V Z Z ~ N ~ - - _-~ - C') i w. `-- ~ ~ ~ ~ ~ ~ ~ ~ Z_ Z o ," Z z , °~ \ ' ~ W ° ~ ~ z z m ~ w a ~ n ~ ~ to U ' Z ~ ~ ~ LlJ Y w ~ O = Q ~ J > Q lJ.l a ~ (q m U r N a~i U a~ - ~ O ~ 00 ¢ ~ ~ O O ' Z m Z ~ C~ ~ to ~ I~ ~ U ~ cn J U f Y ~ ~~ ~- ~ ~ LJ U Q. ~ Q O U ° ~ m (S -~ ~~ D O w w v z 0 w a ~ > o~ z p - `~ c to ~, ` ~ f~ p U ~. ~ C7 Z_ Z ,-- _ ~` ^ ' _ O .... N C7 Z w ~ ~ ...,,, ~ ~ ~ ,~ L~-- iJ ` „~--~ Z ~ ~_ a Z ~~ ~ ~.~ ~ ~ Q ~ ~ W ,O z `~ ~ L~ Y ~ °' Z ~ w _N ~ ~ ~, W ~ V Q ~ ~ ~ Y ~ '' ~ m 1°d ` C~ 0 ~ m ~~ ~ w ~ o p z ~.~ a ~ m ~ ~ ~ a~i ~ , v~ ~ ~" ~ ©- U J a ~ ~ Z ~ m m ~ W O c U J ~ >+ ~ ~ U PLANNING & ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Michael R. Christian 2000 613 Maple Drive Kenai, AK 99611 283-7944 (home) Carl Glick 2001 P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson 2001 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Teresa Werner-Quade 1999 409 McCollum Drive Kenai, AK 99611 283-5423 (home) Karen J. Mahurin 1999 P.O. Box 1073 Kenai, AK 99611 283-4697 (home) 283-4826 (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work;~ Ad Hoc: Hal Smalley 105 Linwood Lane Kenai, AK 99611 Telephone: 283-7469 (homel 283-5177 (work) Contract Secretary: Barbara L. Roper P.O. Box 4234 Soldotna, AK 99669 (262-6577) (12/18/97) PLANNING 8s ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. ~ Art Graveley 2000 1612 Fathom Drive Kenai, AK 99611 283-4264 (home) Carl Glick 2001 P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson 2001 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Teresa Werner-Quade 1999 409 McCollum Drive Kenai, AK 99611 283-5423 (home) Karen J. Mahurin 1999 P.O. Box 1073 Kenai, AK 99611 I 283-4697 (home) 283-4826 (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work) Ad Hoc: Hal Smalley 105 Linwodd Lane Kenai, AK 99611 Telephone: 283-7469 (home) 283-5177 (work) Contract- Secretary: l~srbara L. Roper P,C. Box 4234 dotna, AK 99669 (262-6577) ,, (6/ 1/98) ~~~~ PLANNING & ZONING PACKET CHECK LIST: PACKET DATE: R ~ ~' r ~ q 3 - ~-° 14 Packets: Glick ,,.~~~°~ ~ Bryson ~ ~ ,i v Werner-Quade ~ ,~ ~,: Goecke Nord / / Christian ,~ tip` Mahurin ~-' ,, Borough Planning ~, i City Manager / f , / ~ La Shot Springer / / Councilman Smalley f a~ Barb Roper ~ ~ / UpU Agenda to: Janice Rodes, 207 Birch, Kenai ~~', ~J . / ~ Clarion: Sue r Anchorage Daily News: Don Hunter (258-2157) „~ / /~ d ~ ~ ~ ~s~ KBBI Homer (235- 2357) ~ ~ l~ ~i Agenda & Resolutions for Internet to: Ed Sipple (Fax: 262-0815) or Pickup ~ ~'~ . Garrett 776-2162 or support@kenai.net ~ ~ .33 G BCD Page 1 PLANNING & ZONING PACKET CHECK LIST: PACKET DATE: 4/17/98 5/8/98 5/22/98 6/5/98 6/19/98 7/2/98 7/17/98 15 Packets: Glick Bryson Werner-Quade Goecke / Nord f ~~~ ~, Borough Planning „•', City Manager ,r' La Shot Springer Councilman Smalley ~: ", Barb Roper Cecelia Richard Agenda to: Janice Rodes, 207 Birch, Kenai Clarion: -~+e ~.t; '" Anchorage Daily News: Don Hunter (258-2157) ~ /` / KBBI Homer (235- 2357) °/ Agenda & Resolutions for Internet to: Chuck Grimm 776-5330 chuck@cnkcs.com ~ ~~ Page 1 PLANNING & ZONING PACKET CHECK LIST: PACKET DATE: 5/22/98 6/5/98 6/19/98 7/3/98 7/17/98 8/7/98 8/21/98 15 Packets: Glick / s'-' Bryson „s / w Werner-Quade f Goecke / Nord ,./ /' Graveley / ;/ Mahurin ~ ./" Borough Planning ~,/ ,~ City Manager ~ „/ La Shot ~ ~/ Springer w' ~' Councilman Smalley /~ Barb Roper / Cecelia Richard ~ Agenda to: Janice Rodes, 207 Birch, Kenai ~`= / 1/ i/ Clarion: Sue .~~' ~/ Anchorage Daily News: Don Hunter (258-2157) .~/ ~ ~ --- KBBI Homer (235- 2357) / / Agenda & Resolutions for Internet to: Ch k ri c uc @ kcs.co /~ , J ~ ~/ Page 1 PLANNING & ZONING PACKET CHECK LIST: PACKET DATE: 9/4/98 9/18/98 10/98 10 98 11/6/98 11/20/98 12/4/98 12/18/98 `i !~' t i 15 Packets: Glick ,/ ~;.~' Bryson ,l ~ ~ ~ ~ - - tir' Goecke ,/' Nord .,/ ~,/ Borough Planning ~ ~r ~ City Manager ,/ ,.~' La Shot ,/ Springer ,, Councilman Smalley !' -. Cecelia Richard ~w~~ ~ Agenda to: ~ ~; Janice Rodes, 207 Birch, e ai ~ / I/ `~ Agenda S< Resolutions for Internet to: Home Page L/ Page 1 CITY OF KENAI ,, c~ e~:~~ ~ >a~~-- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ,III'1 1992 Memorandum Date: January 29, 1998 To: Mayor and City Council From: Richard A. Ross, City Manager ,~~ RE: Public Hearing Notices - P 8s Z Attached is a copy of a memorandum from Ms. Kebschull describing how other Peninsula cities and the Borough address the issue of notification of adjacent property owners. The standard on the Peninsula is 300 feet. Also included is a copy of the City of Seward ordinance that requires posting of the property in question. This ordinance is similar to one in Anchorage. It requires that at least 10 days before public hearing the property in question must be posted notifying the public of the proposed action. Seward uses a 2' x 2' disposable sign for this purpose. This may be a better solution than increasing the notification distance. Staff time would not be increased and the costs of the signs could be added to the present fee schedule. Ms. Kebschull has also provided a sample projection of impact if the notification distance were increased from 300' to 600'. Attachments RAR/kh Memorandum Date: 01 /08/98 To: Richard A. Ross, City Manager From: Marilyn Kebschull, Administrative Assistant RE: PUBLIC HEARING NOTICES When applications for permits, which require public hearings, are received, the following process is followed: 1. Application received and fee processed ($100 plus $5 tax). 2. Using AutoCAD, a 300' radius is drawn from each corner of the affected lot. Any surrounding lot that is touched by the 300' radius is researched for property ownership. Ownership is determined by printing a copy of the map with parcel numbers. These numbers are used to manually research owners using the parcel book in the Finance Department. This book is often out-of--date. 3. Using the ownership data, a public hearing notice is prepared and mailed certified. This involves collecting the data, transferring the owner's name and address to a computer program, preparing mailing labels, and manually preparing the certified mail documents. 4. The public hearing notice is also published twice in the Peninsula Clarion. A spot check of cities and boroughs in the state shows the following requirements for property owner notification: • Soldotna 300 Feet • Homer 300 Feet • Seward 300 Feet • Kenai Peninsula Borough 300 Feet 01/08/98 Memorandum 2 • Anchorage • Wasilla • Valdez • Matsu Borough 500 Feet or nearest 50 property owners (whichever is greater) 1200 Feet 300 Feet 600 Feet It appears that the State does not individually notify property owners. Instead, notices are published in the newspaper and posted in public places. I researched the costs of certified mailing for the last ten public hearings. The estimated total costs for the ten mailings were $326.44. A spreadsheet showing the specific costs for each mailing follows. In addition, the public hearing notices are published in the Peninsula Clarion. The costs for these notice vary depending on the size of the notice. Historically, it has cost between $40 and $60 to publish a notice. Each notice is published twice so that cost must be doubled. Estimated Costs For 10 Certified Mailings Resolution # Notices Sent Cost Total 97-11 3 $2.52 $7.56 97-17,18,19 8 $2.98 $23.84 97-20 12 $2.52 $30.24 97-24 13 $2.52 $32.76 97-25 19 $2.75 $52.25 97-34 13 $2.77 $36.01 97-44 14 $2.77 $38.78 97-48 4 $3.00 $12.00 97-55 23 $3.00 $69.00 98-01 8 $3.00 $24.00 TOTAL: $326.44 Staff time involved in preparing public hearing notices and mailing varies with the number of notices sent. An average estimate would be approximately two hours to prepare the paperwork, research ownership, and process the mailing. As an example of extending the 300 feet notification to 600 feet, I used the mailing for permit PZ97-25. This permit was in Woodland Subdivision, ahigh-density 01 /08/98 Memorandum residential area. There were 19 notices mailed using the required 300 feet. If this were changed to 600 feet, it would require mailing 63 notices. This would more than triple the cost of the mailing as well as staff time. In this particular case the cost for the mailing would have been $156.75 and staff time would have been approximately 6 hours to prepare the paperwork and mailing. Note that this is in a high density area, areas with lower density have a similarly lower mailing. If I can provide further information or provide further clarification, please let me know. ~? ~ a~ r (~ la ~ D V^( 1 V ~. 0 0 Q o oQ~ .f' ` ~ v ~" --, ~,___ ^ , v <~~ 0 ~~ 0 ~ CN7 ~ o 'N 0 ~N 0- (ELI -0 :~~ -o r~1~ 0 ~N 0 ~t~l ' ~ l(~ o 0 N ~N ~ ~ '~ ~ ~ ~ er Q ~ . ~ ~ ~M ~ f~ v v 3 ~~ A :a ` .~ v g c K ~ v a u. <~ ~ y ~ ~ o x U d ~i s a 1 i /~ W ~ ~ rr~ O ~z, o~ ~, a Ham. va O di F ~ ~ • ~iQ ~r ~~ L ~ 5 ~ C Gi ~ O ~ = C ~' . E'+ V ,~ ~ .~ ~. a; y ... .., i~ All O ~y y •.r ~ ~ o U ~ .~ . ° ~ N rs ,~ ~ ~ ~ ~ as ... ~ v C ...r tr ~I R L v e4 . Cr a~ R o ~3 ~i ~. N ~ ~• w~ .y~ V ~. ~ '~ 3 '~~~ a •~ ~ a~. H ~ -~ o ~~ ~ .~ ~ w y ~ ~ ~•'~ N ~ ~~' .~ ~ ~ _S3. ~ '~~+,0' a. ?~ R -~::~ ~ ~~ __ ~~ ~~ ~~ ~~~ ~,~~ ~ c, ~~~ ~ ~ ,0 N 0 C ~~z °' .s .~ rn ~~~ •L ~ ~ k ~ .~ G v y ~ •.O ~! y i-~ y ~ ~~+ e, i-r 3 .~ Q -S : N ~ ¢~a A $ 15.02.040 PLANNING AND LAND II3E BEGflL~TI08S ~ 4. ~ The city council, in accordance with the provisions of the city code, may orjmay not . adopt the amendment as: a city ordinance. ! ' ~ ~ ~ 1, 5. A copy.,of all' .proposed and adopted amendments to the land use plar- shall be submitted no the Kenai Peninsula Borough planning commission for information. (Ord. 626, § 3; 1989) 15.01.040 Public !bearings. A. Public hearings as required by this title shall comply with the notice requirements as contained L,erein. i I.!, Procedures. ' ' a. Notice of the public hearing shall be published at least twice in a newspaper of general. circulation within the city. Tice notice shall be published during each of the two icalendar weeks prior to the public hearing date. i b. The notice shall contain at least the following information: a brief description of the proposal on which the public body is to act; a legal or common description of the !property involved; date, time. and place of the public hearing; person and place to contact for more detailed information. i ' c. Decorum of the body holding the hearing shall prevail. 2. Neighboring_prQpeEy owners norificarion. A copy of the pubGci hearing notice shall be mailed to the applicant and to real property owners of record on the Kenai Peninsula Borough assessor records within a 300-foot periphery of the parcel affected by the proposed action_ This notice shall be mailed not less than ten days prior to the date of the hearing. Wheni a public hearing is to' be held regarding an amendment involving a change in text or majoi: district boundary ,changes,: no notification of neighboring property owners shall be required, brit notices ..~ shall be mailed to~affected property owners and displayed in at least three public places. 3: Public ~~ostin~. The applicant shall post the property subject to, the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property.: !The appliicartt is responsible for removing the posted notices within five days after the hearing is completed_ Failure to properly post notices is grounds for deferral or denial of the app~lication_ No one except the applicant, an agent of the applicant, or the~ciry shall remove or tamper urith any s~~ch required posted notice during the period it is requited to be maintained under this paragraph. 4: Proof of c inQ. 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. (Ord. 626, § 3, 1989; Ord. 97-01) ' 15.01.045 Fees.. ~ Fees,' established by city council resolution, will defray. a significant portion of the administration costs associated with processing applications for action dovered by this title. Whethzr an application is granted or denied, the petitioner or applicant shall ;not be entitled~to the feturn oflthe fee paid. (Ord. 626, § 3, 1989) Supplement No. 97-1 Ciry of Seward 07/97 15 - 4 TOTAL P.02 interoffice memo Date: 2/5/98 To: Cary Graves, City Attorney From: Marilyn Kebschull, Administrative Assistant RE: KMC 14.20.240-HOME OCCUPATIONS I received the attached letter from Colleen Ward. As you can see, she is questioning whether the code requires her to obtain a permit. In the past, the process has been that an individual applies for a permit and the Planning & Zoning Commission review the item. The Commission determines if the business being conducted fits within the guidelines of KMC 14.20.240. There is no fee for this permit and it is handled under new business. I have reviewed this section of the code and it does not clearly state that a permit is required. Please advise me how I should respond to Ms. Ward's letter. In addition, do you feel that we should suggest a modification to KMC 14.20.240 to eliminate any doubt about the requirements? cc: Jack La Shot, City Engineer Attachment COLLEEN WARD TRAINER • FACILITATOR • MANAGER February 3, 1998 Marilyn Kebschutl Planning & Zoning Administrative Assistant City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 996 1 1-7794 Dear Marilyn, Over the last couple vfi days it has taeen suggested to me by persons associated with the governing ofi the City of Kenai that t am "suppose to have" a Home Occupation hermit. It is my desire to be in full compliance with alt regulations pertaining to my business or its operation. t have read the "City of Kenai zoning Code" as it relates to this issue. My business fatty welt within the boundaries of a permissible home occupation as described in the first paragraph of KMC 14.20.230, is less intrusive than the six horns occupations listed as permissible examples, utilizes no signs or advertising devices and is virtually ur~lcnown by its level of activity in the neighborhood to 20 of my neighbors as indicated in an informal poll t conducted in response to my concern over this Issue, t find no indication in the Zoning Code that a permit is required. Based on this analysis t assume i am in full compliance. t do submit this situation to you far further scrutiny and request that you inform me if further action on my part is required and the basis for that requirement. I offer my full cooperation to you and the City of Kenai in this matter. Thank you. Sincerely, ~~~ Colleen Ward XGEt • 708 Magic Avenue ~ Kenai, Alaska 99611 October 23, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS October 28,1998 at 7 p.m. http://www.ci.kenai.ak.us 1. CONSIDERATION OF PLATS: a. PZ98-49--Preliminary Plat--Spruce Grove Subdivision -Murphy's Replat 2. 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 23.25.030 be amended to set clear standards for what constitutes a junk vehicle. 3. NEW BUSINESS: a. PZ98-56-Landscape/Site Plan Review-8080 Kenai Spur Highway. Application 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 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933. Marilyn Kebschull Planning & Zoning Administration Publish: October 26 , 1998 • Page 2 October 15, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http://www.ci.kenai.ak.us PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of October 28, 1998: a. PZ98-50--An application for a Conditional Use Permit for a Bed & Breakfast for the property described as Government Lot 176 (101 Highbush), Kenai, Alaska. Application submitted by Rita W. Botelho, P.O. Box 615, Kenai, AK 99611 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, AK 99611. c. PZ98-52-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 1-A Spruce Grove Subdivision, Hales Addition (1806 4"' Avenue, Kenai, Alaska). Application submitted by Marlene Murphy, 1806 4"' Avenue, Kenai, AK 99611. 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 whose pre- directionalswere 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 Kenai Planning & Zoning Commission recommending the Kenai Municipal Code at 12.25.030 be amended to set clear standards for what constitutes a junk vehicle. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application 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. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933. Publish: October 21 & 23, 1998 • Page 2