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Home My WebLink About2000-01-26 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS January 26, 2000 - 7:00 p.m. htt a/www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: January 12, 2000 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non_controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ00-03-Preliminary Plat Thompson Park One Stop Replat-Integrity Surveys 4. PUBLIC HEARINGS: a. PZ00-02----Encroachment Permit-Side & Rear Yard Setbacks-Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way}. Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, Alaska. b. PZ00-O1JConditional Use Permit-Gun Shop-Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way). Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way {P.O. Box 3589}, Kenai, Alaska. 5. NEW BUSINESS: 6. OLD BUSINESS: a. Title 14 Cade Revisions 7. PENDING ITEMS: a. Proposed Livestock Ordinance (Postponed from September 22, 1999 meeting pending work session.) 8. CODE ENFORCEMENT: 9. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Page 2 Agenda January 26, 2000 10. PERSONS PRESENT NOT SCHEDULED: ll. INFORMATION ITEMS: a. Council Policy Regarding Work Sessions for Commissions and Committees b. "Zoning Bulletin" -December 2~, 1999 c. Letter of resignation from Commissioner Newbry 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS JANUARY 12, 2000 - 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Glick called the meeting to order at 7:04 p.m. 1-a. Roll Call Members Present: Carl Glick, Phil Bryson, Barb Nord, Donald Erwin, Arny Jackman Members Absent: Ron Goecke, Robert Newbry Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Building Official Bob Springer, Contract Secretary Barb Raper 1-b. Election of Chair 8a Vice-Chair MOTION: Bryson MOVED to nominate Carl Glick as Chairman of the Planning and Zoning Commission. Motion SECONDED by Nord. Glick requested nominations for Vice-Chair and announced that both positions would be voted upon at the same time. MOTION: Nord MOVED to nominate Phil Bryson as Vice-Chair. Motion SECONDED by Erwin. VOTE: B son Yes Erwin Yes Goecke Absent Nord Yes Newb Absent Jackman Yes Glick Yes MOTIONS PASSED UNANIMOUSLY. I-c. Agenda Approval MOTION: Nord MOVED to approve the agenda to include the handouts provided prior to the meeting and requested UNANIMOUS CONSENT. Motion SECONDED by Erwin. There were no objections. SO ORDERED. 1-d. Approval of Minutes: December 8, 1999 MOTION: Erwin MOVED to approve the minutes of December 8, 1999 and requested UNANIMOUS CONSENT. Motion SECONDED by Bryson. There were no objections. SO ORDERED. No additions or corrections were noted and the minutes were approved as written 1-e. Consent Agenda -- None. ITEM 2: SCHEDULED PUBLIC COMMENT -- None. ITEM 3: CONSIDERATION OF PLATS -- Nane. ITEM 4: PUBLIC HEARINGS -- None ITEM 5: NEW BUSINESS 5-a. Inlet Woods Subdivision -Determine if needed for public purpose Kebschull stated the information provided prior to the meeting included the minutes from the last Parks and Recreation Commission meeting as well as a map of the Inlet Woods Subdivision. She added, the map highlighted the lots the City received as a settlement stemming from the McLane lawsuit. The lots, if determined not to be needed for public purpose, would eventually be sold. Kebschull added, at their January 6+~ meeting the Parks and Recreation Commission approved a motion that any lots in Inlet Woods Subdivision deemed as unsuitable for building as a result of swampy areas should be recommended for use as a neighborhood park. The Parks and Recreation Director indicated the lots preferred would be 25, 25 and 27. It was noted a lake was thought to be in the area of lots 25 - 27 and a lengthy discussion ensued in an effort to determine the exact location. Bryson stated, he thought the lake would be more an the vicinity of lots 21-24. Bryson also noted the PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 2 lake was created by the original homesteader and the materials removed from the area were not used for any road construction. Bryson added, he thought Lots 18-27 should be withdrawn from the sale but not designated for conservation purposes. Bryson added, Parks and Recreation should evaluate the parcels for compatibility for development of a park, skating area, etc. MOTION: Bryson MOVED that the lots as proposed, with the exception of Block 12, Lots 18 through 27 be released as not being required for public purposes. Motion SECONDED by Nard. Jackman agreed with holding Lots 18 through 27 from the sale but felt that since Parks and Recreation reviewed the lots and knew which ones they wanted for a park, the Commission should go ahead and provide Parks and Recreation with Lots 23 through 27 for future use. Jackman continued, this wouldn't mean that Parks would do anything with them immediately but at least they would have them should they want to do something in the future. MOTION TO AMEND: Jackman MOVED to amend the main motion to read, Lots 23 through 27 should be retained for Parks and Recreation. Nord SECONDED the motion for the purpose of discussion. Bannock stated it might be appropriate to pass the ordinance since it was a charge of Planning and Zoning to determine whether the lots should be sold or not, and once that was completed, make a recommendation to the Council far retaining specific lots far Parks and Recreation. Bannock continued, he didn't know if the Parks Commission's idea was necessarily specific to the particular ordinance. Discussion again took place on where the lake was actually located. Nord expressed concern about the exact location of the lake and that the Commission was going by old data from 1970. Kebschull pointed out the data was 1970 through the 90's, so the actual data was not that old. Nord thought perhaps the area needed to be re-surveyed to make sure where the lake was situated before any property was released to Parks and Recreation. VOTE ON THE AMENDMENT: Erwin Yes Goecke Absent Nord No Newb Absent ___ Jackman Yes Bryson No PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 3 Glick No MOTION FAILED. Bannock suggested Item 12 in Exhibit A of the proposed ordinance, be changed to read, "Lots One (1) through Seven (7) inclusive, Lots Nine (9) through Eleven (11) inclusive, and Lots Twenty-Eight (28) through Thirty-Five (35) inclusive, Block Twelve (12). This would eliminate Lots 1$ - 27. Bryson agreed to modify the Main Motion to include the change to Exhibit A. VOTE ON THE MAIN MOTION: Goecke Absent Nord Yes Newb Absent Jackman Yes B son Yes Erwin Yes Glick Yes MOTION PASSED UNANIMOUSLY. 5-b, Title 14 Code Revisions Kebschull explained the City Manager requested that Title 14 be reviewed for any required changes. As a result, many meetings were held with the City Engineer, Building Official, City Attorney, City Manager and Kebschull. The recommended changes from Administration were included in the packet. Kebschull noted the City Attorney reviewed the language in the suggested changes and she and the Building Official would answer any questions regarding the recommended changes and why they should be made. Kebschull stated the City Council asked the Commission to do this as expediently as possible, but at the same time be thorough in reviewing the Code. Glick stated each Commissioner would have an opportunity to ask questions regarding the recommended revisions. Bryson had the following questions: 1. Bryson asked who participated in the meetings? Kebschull replied the Building Official, City Engineer, City Manager, City Attorney and herself. 2. KMC 14.20.020(e) -Bryson asked if the intent of the change was to state that no lots could be straddled. Springer confirmed that was correct. 3. KMC 14.20.050(c) -Bryson requested clarification on what exactly was being deleted. Kebschull replied, with non-conforming lots the City was unable to enforce this section of the Code since they were not told when lots are sold. PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 4 Bryson expressed concern of creating a problem if lots are attached for the purpose of onsite water and/or sewer and then the City comes along and builds water and/or sewer and the need is no longer necessary for the sale of the lots. Bryson asked if that would complicate the situation or would the landowner would have to go through some type of modification of their deed. Kebschull stated the way it was currently, the City was supposed to be enforcing the Code but it could not because people don't come to the City when non-conforming lots are sold. 4. KMC 14.20.190 (a) -Bryson stated this change brought to mind a situation in his neighborhood where a property owner owns a number of large tracts. They served another house on their tract with water and sewer because it was shorter to run diagonal towards the back of the property. Bryson asked if a property with multiple structures was an a single water/sewer service, who would pay for the service when a lot was sold or would they have to hook up individually. Springer stated the original intent of the change was if an individual had a piece of property with a house on it and wanted to have a family member move in, they could. Springer continued, they did not give consideration to a house sharing the same property and service being sold separately. Kebschull stated the Code was quite speck in that they could not serve two structures with one hook up. Bryson stated, he thought they would probably be allowed to until they subdivided. Kebschull stated, that had been done in the past and when the City found out, they were required to run a separate line. Kebschull reiterated, the Code was speck that two structures hooked up to one service line was not allowed. 5. KMC 14.20.245(d)(3) -Bryson asked if natural gas could be added. Kebschull agreed that it should be added. 6. KMC 14.20.250(b)(8) -Bryson expressed concern that consideration was not given to the large number of staff who were not tied to classrooms, including principals, counselors, nurses, food service, secretaries, aides, visiting adults and volunteers. He added, this could result in an additiona120 vehicles and Bryson asked this item be reevaluated. Glick brought attention to the sign code revisions and the following questions and comments were offered: 1. KMC 14.20.220(e) -Glick asked how Administration came up with the dimensions of the signs for commercial buildings. Springer replied that 110 sq. ft. appeared to be the standard sign size for a lot of the major chains such as Burger King, McDonalds, etc., so they added a little extra to that by changing it to 120 sq. ft. Kebschull stated they also reviewed past sign variances to come PLANNING 8v ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 5 into some type of conformity to eliminate the many variance requests. 2. KMC 14.20.220(h)(18) -Bryson asked i.f the term "structure" in the paragraph also included a permanent pole. Springer replied, yes, it did include a permanent pole. 3. Bryson asked if the last two sentences of Section 18 would remain in the requirement. Springer thought they would because they were trying to clarify what would make a portable sign. Kebschull confirmed that all they were doing was adding three words, "or permanent pole." 4. KMC 14.20.220(d)(5) _ Bryson asked what was being deleted and what would remain. Springer explained, they were trying to eliminate the two-year period because there were a lot of signs out there that were well past the two-year period and there was no enforcement. Bryson asked if the third sentence from the bottom would remain. Springer confirmed that it would . 5. Glick asked if the sign code addressed balloons used as signs for special events. Springer stated it was not currently covered and it was not addressed during the review of the Code. Springer also noted there hadn't been a great deal of interest in balloons in the last few years. Discussion took place on balloons used for advertising and it was agreed that balloons should be considered as a temporary sign only to be used for the duration of the special event. Kebschull stated that Soldotna addressed the same issue recently and they handled it as a temporary sign and businesses are given a permit only good for several days per year. Kebschull continued, the business owner was responsible for getting the permit which is documented by time. The Commission had many questions regarding the permit system to include enforcement, cost, etc. Kebschull stated she would review the Soldotna sign code and bring it back to the Commission at the next meeting. Kebschull stated that when they were asked to review the Code, she made the statement that the sign code needed to be completely rewritten. Kebschull was told this would be reviewed after the Comprehensive Plan. Kebschull reiterated, the comments and suggestions made and stated they would be brought back at the next meeting and then after that, perhaps a public hearing could be held on a resolution. Nord stated that she didn't have much time to review the suggested Code changes as she was unsure whether she would remain on the Commission. Nord asked if it would be okay to discuss this again at the next meeting. Kebschull encouraged everyone to review the Code and if there were any other additions or changes, they would be forwarded to the City Manager after the next meeting. ITEM b: OLD BUSINESS -- None PLANNING 8v ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 6 ITEM 7: PENDING ITEMS 7-a. Proposed Livestock Ordinance {Postponed from September 22, 1999 meeting pending work sessioa.~ ITEM 8: CODE ENFORCEMENT -- None. ITEM 9: REPORTS 9-a. City Council Councilman Bannock drew attention to the maps on the walls in Chambers of the newer version of the Coastal Trail project. He noted, a second public hearing was held on January 11 and it was well attended. Bannock gave a brief report on the project and indicated the next step would be to obtain funding for the design stage. The estimate cost for the design was $1.5 million and the entire project could be irl the $9.9 million range. Councilman Bannock pointed out the City Council Agenda for the January 5~ meeting was included in the meeting packet. He noted, explained Item C-3, Supporting Legislation for Mortgage Loans Covered Under the Alaska Housing Finance Corporation Housing Assistance Program was tabled until the January 19 meeting. He noted, the resolution discussed a Alaska Housing Loan program which placing the City of Kenai at a financial disadvantage when a person is considering purchase of a home outside the City limits. He added, the item was brought up now as the City of Kenai would have a substantial number of house lots up for sale soon and there was a need to want people to remain in the City. Bannock stated he and Mayor Williams heard many reasons why people didn't want to reside within the City limits but Council had made a commitment to keep people in the City. Bannock reported, AHFC executives would be attending the January 19 council meeting to speak to the item. Bannock encouraged P8vZ Commissioners to attend. Bannock also reported on Item H-9, Millennium Square (FAA Property) pointing out the other map on the wall which was a blueprint of the property. Bannock noted the Planning and Zoning Commission would be the key leaders in the development of this property. Bannock continued, the Council wanted to turn this area into a planned development but they want to do it right. He added, there would be many brainstorming sessions to determine what would best fit in this area. 9-b. Borough Planning: Bryson reported the Borough Planning Commission met on January 10, 2000. He PLANNING 8a ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 7 added, the new Planning Director was on board and the consent agenda was approved as submitted. He explained, Item F-1 was a rehearing of a Planning Director decision which had some incorrect information in the legal ad. The appeal was accepted and the decision of the Planning Director was overturned. Item F-2, vacation of the easterly area of Keystone Estates Subdivision was approved. Item F-3 recommended adopting the revisions in the flood insurance program mapping. The errors pointed out were corrected and surveyed. Bryson noted that all other items were approved. He added, Item K-1 was the primary focus with eight additional use petitions. Three were withdrawn by the applicants but they would be resubmitted and the five others were approved. Item L-1 was a declaration of a determination by the Planning Director. 9-c. Administratiaa Kebschull stated the yearly activity reports were included in the meeting packet. Kebschull drew attention to the number of landscape site plans reviewed by the Commission. Kebschull stated she thought that was one section of the Cade needing to be rewritten because of the number that come before the Commission. Nord asked if the building permits were separated out by new structures, additions, etc. Kebschull replied were separated out by definitions, i.e. new residential, residential additions, residential garage, carports, commercial additions, etc. Nord stated she would be interested in seeing what actually happened within the City of Kenai. Kebschull stated she would provide Nord with a report of activity within the City. Springer stated there were 26 new residences last year and 12 new commercial structures. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11-a. Commission reappointment letters dated 12/ 16/99 11-b. Gomrnission Roster 11-c. "Zoning Bulletin" -December 10, 1999 ITEM 12: COMMISSION COMMENTS 8a OUESTxONB -- None. ITEM 13: ADJOURNMENT MOTION: Nord MOVED to adjourn. PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 8 The meeting adjourned at approximately 8:15 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING $v ZONING COMMISSION MEETING MINUTES JANUARY 12, 2000 PAGE 9 r'- V V STAFF REPORT To: Planning & Zoning Commission Prepared By: Imk Date: January 18, 2000 Res: PZ00-03 GENERAL INFORMATION Applicant: Integrity Surveys 605 Swires Drive Kenai, AK 9961 1 283-9047 Requested Action: Preliminary Plat -Thompson Park One Stop Repiat Legal Description: Thompson Park One Stop Repiat Street Address: 5455 Kenai Spur Highway & 300 Thompson Place KPB Parcel No.: 04907013 & 04907014 Existing Zoning: General Commercial Current Land Use: Commercial/Vacant Land Use Plan: General Commercial ANALYSIS City Engineer: Eaves from fuel pump canopy should not overhang lot lines. Easements for access to Lot 7A should be considered if other lots change ownership. Easements for recently installed sewer and water utilities must be established that are adequate for future maintenance. Building_Official: The property line located on side of building that has window must be at least ten feet (10') from building. Since no dimensions are shown either window must be removed or as-built drawing showing side of building is at least 10' from lot line must be provided. However, applicant has indicated they will remove window. Recommend stipulation that window be removed as condition of approval. PZ00-03 Comments RECOMMENDATIONS Page 2 Recommend approval contingent on the following: • Access to Lot 7A should be addressed. • Building code requirements must be met on the new Lot 7A. • Utility easements must be established. ATTACHMENTS: 1. Resolution No. PZ00-03 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ00-03 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITfONS: WHEREAS, the attached plat Thomason Park One Stop Reofat was referred to the City of Kenai Planning and Zoning Commission on January 18. 2000 and received from integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: i . Plat area is zoned General Commercial and therefore subject to said zone conditions. 2. Water and sewer: Service to structure an current Lot 8 fnew Lat 7A], 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to.the City of Kenai for the referenced property. 4. Installation agreement ar construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that na encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: 1. Access to Lot '1A should be addressed. 2. Builc ing code requirements must be met on Lot 7A. 3. Utility easement must be established. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE THOMPSON PARK ONE STOP REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 2B, 2000. CHAIRPERS ATTEST: ~' .~c, ~'~~/ ~3kt? 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STAFF REPORT To: Planning & Zoning Commission Date: January 12, 2000 Prepared By: JLlmk Res: PZ00-02 GENERAL INFORMATION Applicant: Steven R. & Judith A 1 1 10 Channel Way Kenai, AK 9961 1 283-7405 Robinson P.O. Box 3589 Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit -Side & Rear Yard Setbacks Lot 5, Block 5, Inset Woods Subdivision 1 1 10 Channel Way 04101257 RS-Suburban Residential Residential Medium Density Residential 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 (af 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 lat line. PZ00-02 Comment Page 2 Applicant was in the process of applying for a Conditional Use Permit when the encroachment was discovered. Applicant purchased the property with the structures and did not know that there was an encroachment. The buildings {shed and gun shopf are encroaching on the side lot line and are 1.5' from the lot line. The Land Development Table requires afive-foot setback. The gun shop is 10.7' from the rear property line. The Land Development Table requires a 20-foot rear setback. The shed could easily be moved; however, the gun shop is on a permanent foundation. At this time, applicant is applying for permits for both structures. City Engineer: No comment. Building Official: The building as it is now used is classified as a U-1 occupancy {shed). This requires the walls within 3' of the property line to be one-hour rated with no openings less than 3' from property line. The building has no openings less that 3'; however, the walls within 3' are not of one-hour construction. As a stipulation of approval of the encroachment, the walls within 3' of the property line must be made of one-hour construction. Note: The smaller storage shed is not required to be of one-hour construction. RECOMMENDATfONS Applicant is requesting an Encroachment Permit for 3.4' into the side yard setback and 4.3' into the rear yard setback. KMC 14.20.185, 3 states, "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." The Land Use Table limits principal uses in the Suburban Residential zone to one to six family dwellings, churches, essential services, farming, gardening, and general agriculture, and off-street parking. Based on this criterion and after review by the City's Legal Department, the encroachment permit should be denied. ATTACHMENTS: 1. Resolution No. PZ00-02 2. Application 3. Asbuilt CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ04-02 A RESOLUTION OF THE PLANNING AND ZONING COMMt5510N OF THE CITY OF KENAI GRANTING A REQU!"ST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.1$5 OF THE KENAI MUNICIPAL CODE FOR: NAM1=: Steven R. & Judith A. Robinson ADDRESS: 1110 Channel. Ways Kenai AK 9961 1 {P.D. f3~x 35891 LEGAL: Lot 5, Block 5 Inlet Woods Subdivision PARCEL NO: 04101257 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 Ic1 has been submitted and received on 2. This land is on land zoned 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 (d1: l; i ~ An encroachment as defined in KMC 14.20.185 (a1 exists. (21 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 .January 26 , 2000. 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 26"' day of January. 2000. CHAIRMAN; ~ / G ATTEST ~,;L ~~ ~..C I+.~L:~'I ,.._ U L~ (__~ '791-1991 CITY OF KENAL ` `ail G'~dl ~ ~4 , , _ 21D Flt]ALGO KEN ,ALAS 11 TELEPHO 283 ~~ FAX 9 •283 014 't ~/ C~ J~,'H''~ T r.., Loi .S ~ +-n c•U~ 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 FOLLQWINQ, COMpLET~E TgE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TD INDICATE THAT YOII HAVE READ AND UNDERBTAND THESE CONDITIDNB. 1. ...~ An encroachment means any object ar structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. Sr'~ 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. 3.5~~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification casts. (Please see attached procedure sheet) A D D I T I O N A ~ 3 L rJ c iLr; y4 C11.+~ [:~,T ~c-r2.w~ '7-'" f ~, ~-~„2 S E4 0 ~ a- S N ~ ,~ Signature of Applicant: L C ~ M M E N T S S ~; : M. ~ .: d ~.S 5 o.v' i4 S Vic.' ~S S ~ ~i C: 1~ L FO ,'~ C~,; v Aavt~--.s r ~3 ~ 5~M i~l ~,: 4 ~ APPLICATION FOR ENCROACHMENT PERMIT r:FNr :OOK ~VI.ET ViCNTY r . t a~IM AAAP O~ ~~6 ~~. ~ ~~ ~~ INLET WOODS SUBD. ~KRD 84-~ LOT 5 BLOCK 5 AS-BUST SURVEY ~ocaiea m me ~w1i 4 ~ec~on .~u, i bN K11W. fir'!. Ctty of Kenna. Atnskn. Kenai Recording D~str~ct Steve Robhson PD. Box 3589 Kerai. Ak 996ll SCA1F f . 20' Prepared ~- ._._-. Johnson Surveying Box ~7 Clnr7 Gulch. Ak 99568 AF~A ~ 0.22 a~C i0 Jan, 2004 ~;, <~~ . ,,, ,,~r 'aoi ~ • r r :~ ~~ -~.. rebar lot corner found [tvo-cnU ~~F~O ~s~~ f~ . •~~ 4' ~ ~OO I~ -' ^O~ ... S~J ~r„sa,gm C ~ • • . C •~~~ <.'1 9a.`r•• {'~v e ` FA ~ ~ V ~' . :. 7' ~AO, ,-,s~ ~ W t ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~' ~ Z > ~ ~ryy t0 ~ ~ U G j Q ~ ~ ~N~ r v xE ~, ~" c$ ~ ~o ~~ m ~~ ~ ~ ~ ~ r ~ ~, r ~ ~ ~ ~ ~i o ~° ~~~ ~ J Jai ina ~ W .. ~~ 3 ~ ~ 3 [r N \V\ F Z iY . ~~ Q W ~ T U V1 ® ~ J O~ ~ Qo ~. ~P -o~ 'dQS\;., V'` ~Q~ 3~ \ O~n~ ~` \\ 6 ~6, \` , VO ~^ \ ,~ Y o " Q~ ti2b~ A y°~ 4~^~ r •O~ ~b ~~ ~~ti a~ CITY OF KENAI ~~ ~ 210 FIDALGO AVE., S[JITE 2D0 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 9D7-283-3D14 tEt~d ~~on '~~I~- 1942 January 12, 2000 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of January 26, 2000: PZ00-01-An application for a Conditional Use Permit for a gun shop far the property described as Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way), Kenai, Alaska. Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, AK 99611. PZ00-02-An application for an Encroachment Permit far side and rear yard setbacks for the proper#y described as Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way), Kenai, Alaska. Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way (P.O. Box 3589}, Kenai, AK 99611. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. 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 January 26, 2000. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWNILEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE QR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: January 12, 2000 Prepared By: JLlmk Res: PZ00-01 GENERAL INFORMATION Applicant: Steven R. & Judith A. Robinson 283-7405 1 1 10 Channel Way (P.O, Box 3589f Kenai, AK 99611 Requested Action: Conditional Use Permit -Gun Shop Legal Description: Lot 5, Block 5, inlet Woods Subdivision, Part 1 Street Address: 1 1 10 Channel Way KPB Parcel No.: 04101257 Existing Zoning: RS-Suburban Residential Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.150 details the intent and application process far conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met PZ00-01-Comments Page 2 by the applicant. These may include, but are not limited to measures relative to access, screening, sEte development, building design, operation of the use and other similar aspects related to the proposed use. Applicant is proposing to open a gun shop in a structure located next to his residence. Applicant advised that business would be conducted by mail and phone and primarily at night and on weekends. Applicant plans to reload as part of the business. When questioned, it was stated that there would be 80 pounds of powder and 4 to 5 thousand rounds of ammunition kept at the shop. These would be stored in wooden containers of 1 " [one) inch thickness. There will be two-25 pound dry chemical extinguishers and one 20-pound COZ cylinders at the shop. After further review, based on building code requirements, the applicant submitted a letter dated January 10, 2000 [attached) that states he will only stare one pound or less of powder in the shop. In addition, he is installing 518" gypsum wallboard on the property side of the structure. This wallboard would create aone-hour wall. The building proposed for the shop is encroaching adjoining Pots [Lot 6 and 16]. The encroachment was discovered when applicant provided a site plan for this permit. An encroachment permit has been applied for [PZ00-02y. City Engineer: No comment. Building Official_ With the information provided, the building would be classified as a B- occupancy (service-oriented building). This would require the building to be of one-hour construction with no openings less than 5' from the property line. Currently, the building has no openings that are less than 5' from the property line; however, the building is not of one-hour construction. The applicant indicates he is installing 518" sheetrock on the walls which would then make it of one-hour construction. !f this is approved, stipulations should be placed that he finishes installation of the 518" sheetrock, no openings be installed within 5' of the property line and that he is subject to periodic inspection by the Fire Marshall and that the quantity of explosives be one pound or less in storage. Fire Marshall: The Fire Marshall requests that if the Commission approves said permit that PZ00-01-Comments Page 3 the following conditions be placed on the permit: 1. That the Fire Marshall must inspect the premises prior to the permit being issued. 2. That the building be added to the Flre Marshall's annual inspection list. 3. That at a minimum, one ten-pound chemical extinguisher be kept on site. RECOMMENDATIONS The proposed use, as described by the applicant, may not meet the criteria as required in KMC 14.20.150, specifically, Items 1, 2, 3, and 5. If the applicant only operated the gun shop and did not reload, the use may be more consistent and may even qualify as a home occupation as defined in KMC 14.20.230. As submitted, administration recommends against issuing the Conditional Use Permit. If the Commission decides to issue the permit, administration recommends the following conditions be placed on the permit: 1. The encroachment must be eliminated. 2. The building construction meet building code requirements for stated use. See Building Official recommendations.) 3. Store one pound or less of gunpowder. 4. The l=ire Marshall prior to issuance of the permit must inspect structure. 5. Must be annually inspected by the Fire Marshall. 6. Must have, at a minimum, one ten-pound chemical extinguisher. ATTACHMENTS: 1. Resolution No. PZ00-01 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ00-01 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Steven R. & Judith A. Robinson USE .. Gun Shop ._ LOCATED_ 1 1 10 Channel Wa,y ,.., Lot 5, Block 5, Inlet Woods Subdivision 1041012571 .. (Street Address/Legal Description} WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 13 1999 2. This request is on land zoned: RS-Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. c. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: Januar 26 2000 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED GUN 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, JANUARY 26, 2000. CHAIRPERSON: ATTEST: ~~ C.~C~ - --~ ~ECE1VEp DFC y 3 FAX 9D7-283014 '~li~' ~,: CITY OF K PEA ~,~, ~F I«~,q~ 11 ~./ C7, ~ •~_~ _ / :!I ~~ OFp'~RT.ti.?FN 210 FI~ALLiO AVE., SUITE 200 K@NAI, ALASKA 49811-7790 TELEPHONE907.283-7535 CONDITIONAL USE PERMIT APPLICATION Date: 12 - 1 ~ l Applicant's Name: __ ~T ~ u ~ M Business Name: d ~ U 2 Mailing Address: _ ~''~ U ~ ~ U ;a.j.S c~h( ~+ Sub ~'rr-! f~, ~- Street Address: ~ ~ ~ ~ C~ t-~ 6q ~ M C ~ W ~ u (Where permit will be operated from.) Legal Description of Property: TO (4 .~ ~ ~ 1'W S ~ O ~~N ~4(J Z~ ©j ~,~L~.T woo~S ..SIB P~yir O~Ft. Z~T,S ~L~eKs' Kenai Peninsula Borough Parcel No.: ~'~ ~[ ~4' y Z 7 ~ - n~ ~ ~ 12 S `7~ (p City of Kenai Zoning: 1`ES+llj LJrIT a /~ ~ I Fr:; ~ iuc a ue#ailed d:,sLripticn cf the prcpos;,u us;,. If u e space p::.viued is r.Gt suf~:,ient, attach a sheet to the application. Q P~.i2.+kT~ A GuM Srl~ P o u f o a k x~ S; ~ NG- ~' ~ z~ ' S ~ ~ P oar P~v,~~tirz.r~ ~ ~ Y S ~ t<L b- „.- 1 t ~. -~ 1d ~. G v ,~ S /9 ~'D /~ n^ M ~ ,~ ~ i ~ y~ I~ ~u D Slp ~~-l~ 1 I h[ ~ ~~ ff~c+<t 5 . ******~* The fallowing information_ must be provided before your application will be considered. for arocessing. Do not submit vour application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) ® I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Fermit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. 1 have paid the appropriate fee. ***~**~* I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. (~ The proposed use will not be harmfsl to the public safety, health or welfaze. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: 1 ~-` Attachment: KMC 14.20.150 January 10, 2000 Maril n Kebschull ECE~V y ~D Planning & Zoning Administration ~dQN ~ City of Kenai ~ 210 Fidalgo Avenue pGgNN~ fY p~ Suite 2I 0 N~ Q~ A Nay Kenai, AK 996 1 1-7794 rMF- After revsewing the requirements for the gun shop for which 1 am submitting a Conditional Use permit, i will be storing one pound or less of powder in the shop. I am in the process of putting 5/$" gypsum wallboard on the property side of this structure. The dimensions of the shop to the property line are 24" by my measurement. The shop is 52" from the house. I have employed Jerry Johnson of Johnson Surveying, 262-5772, to do an As Built survey. He asswes me he will have the results to me by Wed. 12 January. I will call, FAX, or hand deliver these results to you as soon as I have them in order to meet the January 14 cutoff date for the Conditional Use and Encroachment Permit applications. ~8i1~Cg, S~ Steve Robinson 1110 Channel Way P.O. Box 3589 Kenai, AK 99611-3589 283-7405 FROM Oli08rg8 03:53 P. 1 TOTAL P. 1 Y ~ ~•=: January 18, 2000 John rind Je~en Ka~~nger 1525 Jn~1WGIr~{ rive Kenai, ~~ 99611 ~qKl 28~ - g2o7 Planning ~c honing Commission, City of Kenai, 210 Fidalgo Ave., Suite 200 Kenai, AK 9961 l Re: Robinson Conditional Use Permit -Gun Shop. Gentlemen: ~~L Fiy~ ~~N~ D \ 9~ We are writing to vehemently protest the issuance of a Conditional Use Permit in the above matter. The issuance of such a permit would be absolutely contrary to the letter and spirit of the zoning of this area, Suburban Residential zoning does not permit such a commercial establishment as a gun shop. As residents of the Inlet Woods Subdivision, we respectfiilly request the Commission to reject this Conditional Use Permit. As a former member of the Planning Commission of the City of Santa Fe Springs, California, .i can assure you that very few cities would allow such commercial encroachment on a suburban residential area. Thank you for your consideration, Very truly yours,,, .~ ~/ l !'may^~ j/ ; ~L~~y, -John D. Baranger ~- CITY OF KENAI 210 FIDALGO AVE. 5UI7E 200 KENAI~ ALASKA 99611-7794 7ELEIaHONE 907-283-7535 FAX 907-283-3014 'III~I ,~: MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: January 20, 2000 SUBJECT: Title 14 Code Changes At your meeting on January 12~', the following changes were suggested to the code: 14.20.245 (d) (3) Add, "skirtin in connection to water sewer electrical or natural as." 14.20.250(b)($) Add, "Public Schools - %Z per employee, ane per classroom, plus one for every 10 students in those schools who are permitted to drive to school Schools with auditoriums shall provide only the spaces required here or for the auditorium, whichever is greater. ~~" The Commission asked that a section be included in the sign code to cover balloons. The City of Soldotna recently adopted a sign code that includes the following far aerial signs: 1. General. Aerial signs shall be securely anchored. 2. Time Limit. Aerial signs shall be allowed to be displayed for a period of four days, five times per year at any one location. 3. Aerial signs shall have a minimum height of 100 feet above adjacent grade. Should the Commission decide to recommend adding a section for aerial signs, the Commission would need to decide where they should be allowed. Administration would recommend that they be permitted in Commercial and Industrial zones. As for the sign permit, they would be considered an "other" sign and the fee would be $15.00 for the permit. Placing the time limit on the sign would require that administratively we create a Title 14 Code Changes Page 2 system to track the permits. A definition for aerial sign should also be included, "a sign anchored to the ground by a flexible tether and supported by a gas filled envelope." Administration would like to suggest another change that was not previously noted. KMC 14.20.290 Appeals -Board of Adjustment: {a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within thirty (30) days of the decision. The appeal shall be heard by the Kenai City council acting as the Boazd of Adjustment. The recommenda#ion would be to change the appeal period to fifteen (15) days. r , ~.~ .~ ~. AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 19, 2000 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http:f /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 (IO minutes) 1. Mark Schrag -- Appointments to Commissions, Committees and Boards ITEM C: PUBLIC HEARINGS ~~~ 1. Ordinance No. 1845-200D -- Amending KMC 1.05.010 to Delete the Requirement for the City Manager to Hold Weekly Staff Meetings With Department Heads. ~~. 2. 3. Ordinance No. 184b-2000 -- Repealing and Eliminating References to the City Health Department in KMC 1.50.010-020 and 12.05.0 l0. Ordinance No. 1847-2000 -- Repealing KMC 12,15 Relating to the City's Inspection and Permitting of Restaurants Within the City. 4. Ordinance No. 1848-2000 -- Increasing Estimated Revenues and Appropriations by $4,35D in the General Fund for Investigative Equipment. ~~t>Cef~ ~ 5. Resolution No. 2000-3 -- Supporting Legislation for Mortgage Loans ~~~ ~. Covered Under the Alaska Housing Finance Corporation Housing Assistance Program to be Equal Among All Geographic Areas of Alaska Within the Specifications of the Funding Program. a. Remove from table. b. Consideration of Resolution No. 2000-3. -1- ~~~/ L( 6. Resolution No. 2000-4 -- Transferring X3,400 in the Water and Sewer Special Revenue Fund to Replace the Sewer Treatment Plant Deionization System. 7. *2000 Continued Operation of Liquor Licenses Kenai Joe's Don Jose's Restaurant & Cantina Pizza Paradisos The Rainbow Bar BPO Elks Lodge #2425 Peninsula Moose Lodge # 1942 Oaken Keg Spirit Shop #58 Kmart Liquor Eadies Frontier Liquor Peninsula Oilers ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8s Recreation Commission 6. Planning & Zoning Cornrnission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors 8v Convention Bureau Board d. Alaska Municipal League Report ITEM E• MINUTES *Regular Meeting of January 5, 2000. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ~Oi^D7~'~~ 1. Bills to be Paid, Bills to be Raged ,~,p,~~.~ 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1849-2000 -- Finding That Certain City-Owned Lands Located in Inlet Waads Subdivision, As Shown on the Attached Exhibits A and B, Are Not Requiured for a Public Purpose. 4. Approval -- Airport Terminal Car Rental Counter Space ~~p,~~.4~~G a. Space Remodel r~ ~ b. Revising Lease Documents -2- ~r 5. Approval -- Amendment to Lease/NW 1/4 of Government Lot 4, Section 3, T5N, R1 iW, Seward Meridian -Kenai Peninsula Oilers Baseball Club, Inc. ~,,Qp/~ b. Discussioa -- Council Policy/Work Sessions for Cornmissions and ~`'!"~_ Comrnittees. ITEM I: ADMINISTRATION REPORTS i . Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTNE SESSION -None Scheduled ITEM K: ADJOURNMENT -3- ~, z~ KENAI PENINSULA BOROUGH FLAT COMMITTEE /%~ ~'~. ASSEMBLY CHAMBERS / ~'~ BOROUGH ADMINISTRATION BUILDING ~ ~ .~~•~ 144 NORTH BiNKLEY STREET ~~4~~ ~ F, SOLDOTNA, ALASKA ~~~ ~ ~~-'~' ::'' January 24, 2000 Tentative Agenda Memtrers: Peggy Boscacci 5eldovia City Term Expires 2000 Philip Hrysan Kenai City Term Expires 2001 BrentJahnson KasiEvfArea Term Expires 2000 Ann Whitmore-Painter Moose Pass Area Terns Expires 2000 ALTERNATES: A. CALL TO ORDER w . , ,, ~'-"n~;'o~ n0 ~~'S' e;i`~r - ~`~° ~.~. ., J r 1. The PIat Committee meeting will be called to order immediately following Planning Commission adjournment. B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Agenda Lynn Hvh] Seward City Term Expires 2002 Jim Skogstad Wvpe Term Expires 200! D E. Keystone Estates Soper Street Replat Preliminary; Integrity/Amundsen Location: City of Soldotna, between Keystone Dr, and East Redoubt Avenue KPB File 99-202 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes a. January 10, 2000 CONSIDERATION OF PLATS 2. "Bar-Five Four" Preliminary; Location: North Fork Raad Anderson Development Consultants/Anderson KPB File 2000-008 ADJOURNMENT The next regularly scheduled Plat Committee meeting is February 14, 2000 at 5:30 p.m. in the Planning Department, Borough Administration Building (top floor), 144 North Binkley, Soldotna. - KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING ~ ~,.. 144 NORTH BINKLEY STREET ~ ' ~~` SOLDOTNA, ALASKA ~ ~ ,,,, ;~: ,, '~ `( ~ l~ ' r1 ~ January 24, 2000 7:30 P. .,,, ~,. ~/Y~ +'"~ ' ~ Tentative Agenda "=: .. ~lI John Hammelman • ~ Chairman ;~ A. CALL TO ORDER Areawide Term Expires 2002 ~ - B• ROLL CALL Philip Bryson Vice Chairman Kenai City Term E i 2001 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT xp res AGENDA Ann Whitmore-Painter Parliamentarian Moose Pass Area g A11 items on the consent a ends are considered routine and noncontroversial by the Planning Commission and will be Term Expires 2000 approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered Ann Bayes in its normal sequence on the regular agenda. PC Member Anchor Point If you wish to comment on a consent agenda item or a regular agenda item other than a publ is hearing please advise Term Expires 2001 , the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. Peggy C. Boscacci 1. Time Extension Requests PC Member Seldovia City Term Expires 2000 a. Seward Original Townsite Lot 12A Block I0; KPB File 98- Wes Coleman 151; (Requested by Cline and Assoc. Land Surveyors); PC Member Location: City of Seward Soldotna City Term Expires 2002 2. Plats Granted Administrative Approval Leroy Gannaway PC Member Homer City Term Expires 2001 3. Plats Granted A royal Under 20.04.070 -None Pp Ellis Hensley, Jr. 4. Plat Amendment Requests -None PC Member Nikiski Term Expires 2002 5. Coastal Management Program Lynn Holt! PC Member Seward City a. Coastal Management Program Consistenc Reviews -None y Term Expires 2002 b. Conclusive Consistency Determinations R i d f Brent Johnson ece ve rom DGC PC Member KasilofArea C. AdminlStratlVe DeterminatIOnS Term Expires 2000 Jim Skogslad 6. KPBPC Resolutions -None PC Member Hope Term Expires 2001 7. Commissioner Excused Absences a. Na excused absences requested. Minutes a. January 10, 2000 Plat Committee Minutes b. January 10, 2000 Planning Commission Minutes ~`~D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS Vacate the westerly 15 feet of Bayview Street, adjacent to Lots 2A and 3A, Block 5, Ninilchik Townsite, Jackinsky -Vanek Repiat (Plat 97- 79, HRD); dedicated by U.S. Survey No. 3036 B; within Section 34, Township 1 South, Range 14 West, Seward Meridian, Alaska; KPB File 99-200 2. Ordinance 2000-02: Repealing KPB 21.08 "Local Option" and Adopting KPB 21.44 "Local Option Zoning" G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Removal of septic system location restriction imposed by a plat note for Lot 4A Kachemak Vista Subdivision No. 2 (Plat 97-48 HRD}, to be accomplished by resolution; off Skyline Drive, near Ohlson Mountain Road; being within Section 2, Township 6 South, Range 13 West, Seward Meridian, Alaska; KPB File 2000-009; KPBPC Resolution 2000-03 I. CONSIDERATION OF PLATS 1. The Plat Committee is scheduled to review two plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 for the drilling of a water well and installing a buried water line within 50 feet of ordinary high water of the Kenai River; the proposed project will include installation of a Department of Environmental Conservation approved well to service a single family residential home; Lot 9-A, Trout Court Subdivision, Sterling area, Section 27, TSN, R8W, S.M., River Mile 42.2, right bank; KPB Parcel No. 065-182-01; Jim & Michelle Rogers, Anchorage; KPBPC Resolution 2000-04 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 2. 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 l~~in~ ~~•ithin the S% of Section 25, TSN, R3 W, S.M., Alaska, pursuant to I~l'f3 Code of Ordinances, Chapter 17.10.080; carried forward from December l4, 1998. Postponed until brought back to the Commission by staff. 3. Public Hearing; Draft Ordinance Repealing KPB 2.40.080 "1'la~ Committee", Amending Portions of KPB Chapter 20 "Subdivision Ordinance" and Adopting KPB 2.41 "Plat Committee"; carried forward from September 27, 1999 and November 22, 1999 Postponed until brought back to the Commission by staff 4. Plat Waiver Application; William E & Mercedes A. Gibbs; Location: Ciechanski Road within Section 23, TSN, Ri 1 W, S.M., AK; KPBPC Resolution 99-45; KPB File 99-175; carried forward from October 25, 1999 Postponed until brought back to the Commission by staff. 5. Chugach Forest Revised Plan; carried forward from October 25, 1999 Pending until brought back to the Commission by staff. 6. Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 4 foot by 18 foot addition to an existing 8 foot by 18 foot room attached to a 8 foot by 20 foot trailer within 50 feet of ordinary high water of the Kenai River. The proposed project is located on Lot 13, River Quest RV Park, Section 19, TSN, RlOW, S.M., River Mile 15.2 left bank; KPB Parcel 055-259-13; Gaylor; KPBPC Resolution 99-46; carried forward from November 8, 1999. Postponed until brought back to the Commission by staff 7. Naming Public Easement with Grace Coie Homestead Subdivision, KRD 91-21, Between Section 27 and 28, T7N, R11 W, S.M., to Puppy Dog Lake Street; Holt Lamplight Road, east of Douglas Lake; KPBPC Resolution SN 99-19; carried forward from November 22, 1999 Postponed until brought back to the Commission by the applicant. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet immediately following Planning Commission adjournment in the Assembly Chambers, Borough Administration Building, 144 North Binkiey, Soldotna, Alaska on January 24, 2000. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is February 14, 2000 in the Planning Department, Borough Administration Building (top floor), 144 North Binkley, Soldotna at 5:30 p.m. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is February 14, 2000 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna at 7:30 p.m. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kenai Planning & Zoning Commission December 8, 1999 Minutes 2. Chugach Revised Plan Update PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough i-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept OTHER MEETINGS Kachemak Bay Advisory Planning Commission Kachemak Bay Advisory Planning Commission Kenai Peninsula Borough Trails Commission Anchor Point Advisory Planning Commission Cooper Landing Advisory Planning Commission Kachemak Bay Advisory Planning Commission January 20 February 3 February 3 February 8 February 9 February 17 CITY OF I~ENAI r~ ~~ e~ ~ >a~~ 11 ~ 210 FiQALGO AVE., SUITE 200 KENA[, ALASKA 99613-7794 ' TELEPHONE 907-283-7535 FAX 907-283-3014 ~ '~Il~' 1992 ~IA~ltOVlrD BY COUNCIL MEMUR.ANDUM CL~Ic ~~ TO: Mayor John Williams and the Kenai City Council FROM~'~~ Cary R. Graves, City Attorney DATE: January 13, 2000 RE: Council Policy Regarding Work Sessions for Commissions and Committees During the meeting of December 15, 1999, Council requested that 1 draft a policy regarding work sessions for commissions and committees. 1 reviewed the minutes of the meeting to get the intent of Council for the policy. The proposed policy is as follows: The Kenai City Council has authority under KMC 1.90.050 to regulate meetings of the City's commissions and committees. Pursuant to that authority, the Council wishes to establish the fallowing policy for work sessions for commissions and committees. Commissions and committees of the City of Kenai shall get Council approval to hold work sessions that are to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting (for example, a 6:00 p.m. work session before a 7:00 p.m. meeting). However, work sessions maybe held without Council approval if they occur on the night of the regularly scheduled meeting at or after the time of the regularly scheduled meeting. During work sessions, only items on the meeting's agenda may be discussed and no formal actions may be taken. All commission and committee meetings must be given appropriate public notice. Please let me know if you have any questions or suggestions. 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O ~ O 'O V1 C3 ~ ~ w iR" b Q. j y ~ .C. cd 7 y G ` y a.. y Gq ~ ~ 0 3 u ~ .n aui o ~ ~ v .Y v .c .G y •~ •~ .o Y L~ O~ O v F y O U ~ N L, „ O a~ a c . N .C a~ ~ L '^ ~ O v n G T~ v ~~ ' o ~~ ~ O v ~' a~ u O 1 . ' y 61 ~ aJ y ~ 7 ~ P. s.. v .a u cs v c .'.c cGa~•. . 3~un ~ ~. a_' •~~ i s f 3 e 'e M Z Gs B 0 BTG Kmart #3623 10480 Spur Hwy Kenai, AK 99611 907-283-7616 1-iS-2000 City of Kenai- Planning and Zoning 210 Fidalgo Ave. Ste. 200 Kenai, AK 99611 RE: Resignation Dear Coun~l, ' JAN 2 l 2000 ~`~'~' CI ~~~' I am sorry to inform you that I will no longer be able to be part of the Planning and Zoning Commission. I have recently accepted a Promotion out of our District Store, of which requires me to move to Anchorage. I have enjoyed the time I've spent with alI of you, hope you accomplish everything you put your minds to. I wish you to accept my resignation on January 315;200D. Sincerely, Robert New ry Planning and Zoning ommissi l ~. CITY OF KENAI rr ~~ p~ ~~Gd>!u rr 210 FIDALGO AYE., SUITE 200 KENAi~ ALASKA 99$11-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1~I~~1 ~~: MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: January 1 S, 2000 SUBJECT: Public Hearing Procedures The City Attorney and I have prepared "Public Hearing Rules" that we believe will help the public understand the guidelines for the hearings. The following steps should be followed by the Chair: • After the Commission has moved and seconded to approve the resolution, staff comments should be entered into the record. This will provide information to the public and enter the information into official minutes as to the business at hand. • Prior to opening the public hearing, the Chairperson will read the "Public Hearing Rules" into the record. CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING RULES 1. After the public hearing is opened by the Chairperson, persons wishing to testify must raise their hand and wait for recognition by the Chairperson. 2. Upon being recognized, the person testifying shall approach the podium, state his or her name for the record, and record the information clearly for the record. 3. Each speaker is limited to a presentation of Five {5) minutes. Everyone so interested will be allowed an opportunity to speak. Those persons who have prepared statements exceeding five minutes should request an extension prior to beginning their testimony. 4. A copy of prepared statements shall be given to the secretary to become a part of the official minutes. 5. All questions (or comments) will be directed to the Chairperson who will then refer them to the proper person for answer or comment. Any comments, which involve personal insults or testimony not having significant bearing upon the matter at hand, will be ruled out of order. Any form of demonstration or speaking without recognition from the Chair will also be ruled out of order. City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 Lr_'S'_. To: Peninsula Clarion (Attn: Deresa) Fax: 907-283-3299 Phone: 907-283-7551 Ra: PUBLIC HEARING NOTICE ^ Ll:gent ^ For Review ^ Please Comment ^ PhZase Reply From: Marilyn Kehschull Pagsa: One Date: January 13, 2000 CC: File ^ Please Recycle Deresa: Run the following notice on January 19 and 21, 2000. Biil this under the open purchase order. Thanks. `` January 73, 20DD CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAf, ALASKA 99611-7794 htEtp:l-www.ci.kenai.ak.us PUBLIC Hi~ARING NOTICE The following public hearings has been scheduled for the Planning and Zoning Commission Meeting of January 26, 2000: PZ00-01---An application for a Conditional Use Permit for a gun shop for the property described as Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way), Kenai, Alaska. Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, AK 99611. PZ00-02-An application for an iwncroachment Permit for side and rear yard setbacks for the property described as Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way}, Kenai, Alaska. Applica#ion submitted by Steven R. 8~ Judith A. Robinson, 1110 Channel Way (P.O. Box 3589}, Kenai, AK 99611. 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 sa at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to January 26#h. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us , or by contacting Marilyn Kebschull at 283-7535 extension 235. Publish: January 19 & 21, 2000 • Page 2 f w A 210 FIDALGO, SEJITE 200, KENAI, AK 99669-7794 (907)283-7933 C'~~'7 To: Deresa From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: January 20, 2000 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Plesse Recycle • Comments: Please publish the following advertisement on Monday, January 24, 2000. This will be charged against the open Purchase Order you have. Thanks. 5 ~ ~ January 20, 2000 CITY OF KENAI PLANNING AND ZONING COMMIS51ON "AGENDA"* KENAI CITY COUNCIL CHAMBISRS January 26, 2000 at 7 p.m. h tt p:llwww. ci . ke n a i, ak. u s 1. CONSIDERATION OF PLATS: a. PZDO-03-Preliminary Plat-Thompson Park One Stop Replat-Integrity Surveys 2. PUBLIC HEARINGS: a. PZ00-02-Encroachment Permit~ide & Rear Yard Setbacks-Lot 5, Block 5, Inlet Woods Subdivision (1110 Channel Way). AppGcatian submitted by Steven R. & Judith A. Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, Alaska. b. PZ00-01~onditional Use Permit--Gun Shop-Lot 5, Block 5, Inlet Woods Subdivision {1110 Channel Way}, Application submitted by Steven R. & Judith A. Robinson, 1110 Channel Way {P.O. Box 3589}, Kenai, Alaska. 3. NEW BUSINESS: 4. OLD BUSINESS: a. Title 14 Code Revisions The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Mall, at the City of Kenai web site (www.ci.kenai.ak.us), or by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: January 24, 2DD0 • Page 2