HomeMy WebLinkAbout2000-02-23 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AMENDED AGENDA
KENAI CITY COUNCIL CHAMBERS
February 23, 2000 - 7:00 p.m.
http :1I www. ci. kenai , ak. us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: February 9, 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:
a. Leo Oberts--Unity Trail
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS:
5. NEW BUSINESS:
a. *PZ00-04-Home Occupation Permit -Gun Shop/Gunsmith-1110 Channel Way {Lot
5, Block 5, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Steve
anal Judy Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, Alaska.
b. Title 14 Code Revisions -Development Requirements Table/Land Use Table
c. Historic District Board -- Work Session (April 17, 2000) -Discussion
6. OLD BUSINESS:
a. Title 14 Code Revisions -Balloon Signs
7. PENDING ITEMS:
a. Proposed Livestock Ordinance (Work Session scheduled with City Council for March
15, 2000 at b:00 p.m.}
8. CODE ENFORCEMENT:
9. REPORTS:
a. City Council
b. Borough PIanning
c. Administration
Planning & Zoning Commission
Agenda
10. PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a, Kenai City Council Roster
b. Planning Commissioner Training Seminar Brochure
c. "Zoning Bulletin" -January 25, 2000
d. Unity Trail Comments and Responses
12. COMMISSION COMMENTS & QUESTIONS:
Page 2
k'ebruary 23, 2000
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
February 23, 2000 - 7:00 p.m.
http://www. ci.kenai.ak. us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: February 9, 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 sa 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:
5. NEW BUSINESS:
a. * PZ00-04-Home Occupation Permit -Gun Shop/Gunsmith-11 i 0 Channel Way (Lot
5, Block 5, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Steve
and Judy Robinson, 1110 Channel Way (P.O. Box 3589), Kenai, Alaska.
b. Title 14 Code Revisions -- Development Requirements Table/Land Use Table
c. Historic District Board -- Work Session {April 17, 2000) -Discussion
6. OLD BUSINESS:
a. Title 14 Code Revisions -Balloon Signs
7. PENDING ITEMS:
a. Proposed Livestock Ordinance (Work Session scheduled with City Council for March
15, 2040 at 6:00 p.m.)
8. CODE ENFORCEMENT:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
Planning & Zoning Commission
Agenda
10, PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a. Kenai City Council Roster
b. Planning Commissioner Training Seminar Brochure
c. "Zoning Bulletin" --January 25, 2000
d. Unity Trail Comments and Responses
12. COMMISSION COMMENTS & QUESTIONS:
Page 2
February 23, 2000
13. ADJOURNMENT:
CITY OF KENAI
PLANNING 8a ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
FEBRUARY 9, 2000 - 7:00 P.M.
MINUTES
ITEM 1: CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
1-a. Swearing in of Commissioner Gough
Kebschull performed the swearing in of Commissioner Gough.
1-b. Roll Call
Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald
Erwin, Don Gough, Amy Jackrnan
Others Present: Councilman Frazer, Councilwoman Swarner,
Administrative Assistant Marilyn Kebschull, Contract
Secretary Barb Roper
X-c, Agenda Approval
MOTION:
Commissioner Bryson MOVED to approve the agenda and Commissioner Goecke
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
1-d. Approval of Minutes: January 2fi, 2000
MOTION:
Commissioner Erwin MOVED to approve the minutes of January 26, 2000 and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion,.
There were no objections. SO ORDERED.
1-e. Consent Agenda -None
ITEM 2: SCHEDULED PUBLIC COMMENT -- None
ITEM 3: CONSIDERATION OF PLATS -- None
ITEM 4: PUBLIC HEARINGS -- None
ITEM 5: NEW BUSINESS -- None
ITEM 6:
OLD BUSINESS
6-a. Title 14 Code Revisions
Kebschull reported she and the City Attorney researched sign codes for a sample
dealing with aerial signs. Kebschull continued, they found many areas don't allow
them and staff recommended balloons or other gas-filled figures not be permitted. A
lengthy discussion ensued regarding aerial signs. Bryson asked if the height
requirement for the signs could be changed to equal the post extensions and/ar
property lines. Discussion took place on the variable winds in Kenai and how the sign
may encroach onto neighboring properties as a result. Kebschull pointed out
enforcement would be very difficult. After much discussion it was decided Kebschull
would go back to the City Attorney to determine whether or not an actual airspace
encroachment would exist, and if so, aerial signs would not be permitted.
ITEM 7: PENDING ITEMS
7-a. Proposed Livestock Ordinance (Postponed from September 22, 1999 meeting
pending work session.)
ITEM 8: CODE ENFORCEMENT -- None
ITEM 9 • REPORTS
City Council -Councilman Frazer reported a representative from PTI attended the
last City Council meeting and gave a lengthy presentation on new communication
systems available to the City. Frazer reported Council approved Ordinance 1849-
2000 (determining properties not required for public use in Inlet Woods). He noted,
the Planning and Zoning Commission recommended this ordinance for approval.
Frazer announced Council approved two new appointments; Joan Hett to the
Beautification Committee and Don Gough to Planning and Zoning.
Borough Planning -Bryson reported the Borough Planning meeting was
scheduled for February 14, 2000.
Administration -Kebschull reported the Robinsons, who requested a Conditional
Use Permit for a gun shop at the last meeting, met with the City Manager and herself
to discuss other options. She noted, they would be corning back to the Commission
with a request for a Home Occupation Permit. Kebschull explained, this item would
be a Consent Agenda item at the next meeting. Kebschull added, although public
notice was not required for a home occupation permit, notices were sent out to the
neighbors.
Kebschull reported the City Council would be discussing the Historic District Board at
its February 16 meeting to determine whether or not it was in the best interest of the
PLANNING 8a ZONING COMMISSION MEETING MINUTES
FEBRUARY 9, 2000
PAGE 2
City to keep the Board intact. Councilman Frazer noted, and it was confirmed by
Councilwoman Swarner, that attendance was a problem for the Board. Kebschull
indicated the Historic District Board served as an advisory group for the Planning and
Zoning Commission and encouraged the commissioners to attend the meeting. it was
noted that members from the Historic District Board were also encouraged to attend.
Kebschull asked the Commission about the status of the proposed livestock ordinance
which was a pending item for quite some time. Goecke, who proposed the ordinance,
stated he wanted it to remain an action item. After much discussion, it was decided a
work session should be held. Frazer stated he would request a work session with
Council to be held before a regular meeting in March.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- Noae
ITEM 11: INFORMATION ITEMS
11-a. Planning & Zoning Commission Roster
11-b. Gough Appointment letter
11-c. Letter to Mr. Newbry dated 2 / 4 / 00
11-d. "Zoning Bulletin" -January i0, 2000
ITEM 12: COMMISSION COMMENTS as UESTIONS
Commissioners Erwin, Nord aad Goecke welcomed Gough to the Planning and
Zoning Commission.
Chairman Glick announced he would not be at the February 23, 2000 meeting.
ITEM 13: ADJOURNMENT
Commissioner Goecke MOVED to adjourn. Meeting adjourned at 7:37 p.m.
Respectfully submitted,
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING MINUTES
FEBRUARY 9, 2000
PAGE 3
.~ CITY OF KENAI `~ ~
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V!~ 'rU
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 94811-7794
TELEPFIONE 907.283-7535
_ _ FAX 907-283.3014 ~
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1442
February 9, 2000
CITY OF KENAI
PLANNING AND ZONING COMMISSION
NOTICE
You are being sent the following information as a courtesy. Attached is a Home
Occupation Permit application submitted by Steve and Judy Robinson of 1110 Channel
Way (Lot 5, Block 5, Inlet Woods Subdivision), Kenai, Alaska. The application is for a
gun shop/gunsmith shop. The applicants previously applied for a Conditional Use
Permit that was denied by the Planning and Zoning Commission on January 26, 2000.
The Planning and Zoning Commission will consider the current application at their
meeting on February 23, 2000. This item will be listed on the Consent Agenda.
However, the Commission may remove the item from the Consent Agenda, which
would allow for public comment. The meeting will commence at 7:00 p.m. in the Kenai
City Hail Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. 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 OR ARE AN INTERESTED PARTY
STAFF REPORT
To: Planning & Zoning Commission
Date: February 7, 2000
Prepared By: JLImk
Res: PZ00-04
GENERAL INFORMATION
Applicant: Steve & Judy Robinson
1 1 10 Channel Way P.O. Box 35$9
Kenai, AK 99611
907-283-7405
Requested Action:
Legal Descrip#ion:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation -Gun ShoplGunsmith
Lot 5, Block 5, Inlet Woods Subdivision
1 1 10 Channel Way
04101257
RS--Suburban Residential
Residential
Medium Density Residential
General Information:
KMC 14.20.230 outlines the regulations that allow home occupations in
residential areas. Attached is a copy of this section of the Title 14.
The applicants previously applied for a Conditional Use Permit for this
property for a similar use. The Conditional Use Permit was denied by the
Commission on January 26, 2000.
After the January 26th Planning and Zoning Commission meeting, the
applicants met with administration and options were discussed. It was
agreed, that based on a review of the proposed use and the Robinsons
agreeing not to operate the business as a storefront, that the use could meet
the criteria for a Home Occupation.
Applicants are reapplying for the gun shoplgunsmith shop to be operated as
a home occupation. The Robinsons have provided a cover letter with the
application that outlines the proposed use. The use, as described, meets the
criteria for a home occupation as listed in KMC 14.20.230.
RECOMMENDATIONS
The applicants have provided information that the proposed gun
shop/gunsmith shop will be operated under the requirements for a home
occupation. Specifically:
• Only the Robinsons will be employed in the business.
• Less than 20% of the gross floor area of all buildings will be
used for the business.
• They intend to use the large shed {noted in the drawing} for the
business. (KMC 14.20.230{3} notes, "The home occupation
shall be carried on wholly within the principal building, or other
buildings which are accessory thereto. Any building used far a
home occupation shall be wholly enclosed."}
• Business will be conducted by phone, computer, mail orders,
and scheduled appointments with customers.
• There will be no outside sign. {Cade allows one sign per use
not exceeding four square feet.}
• Estimate one or two vehicles maximum traffic per week.
Recommend approval of the home occupation permit for a gun
shoplgunsmith shop.
ATTACHMENTS:
1. Resolution No. PZ00-04
2. Application
3. Drawings
4. KMC 14.20.230
February 4, 2000
City of Kenai
Planning and Zoning Commission
21 D Fidalgo Ave. Suite 200
Kenai, AK 99617 -7794
RL~~ FV! ~
~`7~
We are submitting the attached Home Occupation Permit Application
and sketch for your review. We feel the Home Occupation Permit
more closely meets our intentions and needs for our home business.
No one outside of Judith A. and Steven R. Robinson will be employed
or conducting business due to the nature of the license.
The usage on the lot for Home Occupation will be less than 20% of
the gross floor plan of all structures. See attached sketch,
(crosshatched in area of usage).
The Home Occupation will be carried out within the principal building,
the 8.4' x 24.3' Shed, due to license application declarations.
The building will meet or exceed Kenai Fire Department
requirements.
The nature of our business will be providing legs! purchase, #ransfer
and receiving at this location by phone, computer, mail orders, and
scheduled by appointment meetings with customers. We intend to do
gunsmithing needs for customers as required. There will be no
ammunition, manufactured, stored or sold beyond personal usage,
within the property.
We will not have an outside sign, and estimate 1 or 2 vehicles
maximum traffic per week at this location. We have paved parking for
7 vehicles.
We will meet and maintain all BATF and Local applica#ion
requirements for a FFL as a dealer and manufacturer.
We would like to have the opportunity to purchase, at a fair price, part
or ail of the adjoining Lot 6, Block 5 from the City to eliminate any
future concerns about Encroachment, zoning, or ability of the City to
sell the property.
C~ ,,~ c2~c.._~
~'~=--
Steve & Judy Robinson
1110 Channel Way
P.Q. Box 3589
Kenai, AK 99611-3589
283-7405
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ00-04
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: Gun Shop -Gunsmith Shop „ , ,, .
(Type of Permit)
OPERATED BY: Steve & Judy Robinson
LOCATED: 1110 Channel Wa -Lot 5 Block 5 Inlet Woods Subdivision
(Street Address and Legal Description)
WHEREAS, the Commission finds:
1. That an applica#ion meeting the requirements of Sec.14.20.230, has been
submitted and received on Februa 7 2000 .
2. That the application has been reviewed by the Commission at their meeting
of ,February 23, 2000 and found that all application requiremen#s 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 1T 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 February 2000.
~~~ Chairman: ~~
.~~
ATTEST: ~.
HOME OCCUPATION PERMIT
APPLICATION
DATE: 2. - ~ - 2 U ~; o
NAME: STS v ~ •~- S~ ~O Y DLO d~ "~ s ~!~ PHONE: ~ ~ 3 ~ 179•- 0 5
MAILING ADDRESS : ~ • t7 ~ Q o X 3 S ~ "I
PHYSICAL ADDRESS: ~ 1 `~ ~- ~ +~ ~+~ ~ ~. LV ~ `~
LEGAL DESCRIPTION: ~c~~ U ~ ~ 1 w S 3,a ~l N 84 a ~'~
~.vLt. r l.Vno~S S~~ {~R~~ ~i~~ poi 5 ~~oG~ s
PARCEL NUMBER: K tii ~+o z `7 ~ e~ 4~ ~ 115'] -(ZONING: ~ S
DESCRIPTION OF OCCUPATION: ~? ~ ~~ ~ r ~ A Low „ iI n ~ u ~ ~ G~ +~
SHo~A PR~vf~~ G~~S~~TM ~IEe`~S ~4~uA C.v~v+~~cT Q~3'~rv~sS
Section 14.20.230 of the City of Kenai Municipal Cade 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 includin the residence aad an accesso structures. In addition
show parking areas aad 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: ~ • •~~,,,z~~ _ ,.._ Date• 2 ' ~} - 2 a o D
~~
Application reviewed and approved 6y: ,~c~
• Planning & Zoning Offic}'al
Date: ~ / ~ ~j
Approved by the Planning & Zoning Commission: Date: a .
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HOME OCCUPATIONS
KMC 14.20.230
14.20.230 Home Occupations: (a} Inten#. It is the intent of this chapter to
permit home occupations which aze compatible with other permitted uses and
with the residential character of a neighborhood, and which are clearly secondary
or incidental to the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the average
neighbor, under normal circumstances would not be aware of its existence other
than for a sign as permitted in this chapter. Home occupations aze permitted
accessory uses in residential zones only so long as all the development
requirements listed in this section are observed.
(b) Uses Permitted. Subject to the development requirements of this
section, home occupations include, but aze not limited to, the following uses:
{ 1) Art studio.
{2) Day caze of no more than eight children under the age I2,
including children related to the caregiver.
{3) Dressmaking.
(4) Millinery.
{S) Beauty parlor.
(6) Tutoring and musical instruction.
(c) Uses Prohibited.
(1} Commercial auto and boat repair.
(2) Commercial kennels or similar uses.
(3) Convalescent homes for the care of more than two patients.
(4) Moriuazies.
(5) Private schools with organized classes.
{6) Real estate office.
{7) Restaurants.
(d} Development Requirements.
(i) Not more than one person outside the family shall be employed
in the home occupation.
(2) No more than thirty (30%) percent of the gross floor azea of all
buildings on the lot shall be used for the home occupation.
(3} The home occupation shall be carried on wholly within the
principal building, or other buildings which are accessory thereto. Any
building used for a home occupation shall be wholly enclosed.
{e) Permit Application.
{1) In application for a home occupation permit shall be filed in
writing with the City Planning and Zoning Department and signed by the
person requesting to operate the home occupation.
(2) If the Planning and Zoning Department f nds the application
KMC 14.20.230 Home Occupations Page I
meets the criteria of KMC 14.20.230 it shall be placed on the consent
agenda of the Planning and Zoning Commission. Applications listed on the
consent agenda aze considered routine and will be approved by one motion.
There will be no separate discussion of the application unless a member of
the Commission 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.
(3) A finding by the Planning and Zoning Department that an
application does not meet the criteria of KMC 14.20.150 and denial of
placement on the consent agenda may be appealed to the Planning and
Zoning Commission by filing a written appeal with the Kenai City Clerk
within thirty {30} days of the date of denial.
{4} Notice of the consideration by the Commission of a home
occupation permit application shall be published once at least two days prior
to the meeting in a paper of general circulation in the city of Kenai.
{fj Permits non-transferable.
A home occupation permit granted under this section shall not be
transferable to another person or location.
(g} Exemption.
No home occupation permit shall be required for activities or
business which aze carried on solely by use of phones, computers and mail or
delivery services and which involve no outside sign, little or no increase in traffic,
and with only occasional visits by members of the public to the Dome.
KMC 14.20.230 Home Occu ations Page 2
b
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KE:NAI~ ALASKA 99$11-7794
TELEPHONE 907-2$3-7535
FAX 90T-283-3014
'~~I~.
1992
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning & Zoning Administration
DATE: February 17, 2000
SUBJECT: Title 14 -Development Requirements Table
Administration discovered an omission in the Development Requirements Table. The
Table does not include requirements for the Conservation (C) zone. After reviewing the
code and conferring with the City Attorney, we recommend that the Conservation zone
be added to the table with the same requirements as the Rural Residential (RR) zone.
These requirements are the most stringent requiring minimum lot sizes of 20,000 square
feet and setbacks of 25 feet front, 15 feet side, and 20 feet rear. The Land Use Table
permits residential use in this zone by conditional use and only for privately held
properties.
In addition to the change to the Development Requirements Table, the Attorney reviewed
the intent of the Conservation (C) zone as listed in KMC 14.20.070. This section states,
"Airport and related uses have been included in this zone to allow for the reservation of
aircraft approach zones." Because of this wording, a footnote will be added to the Land
Use Table to clarify permitted airport uses in this zone.
Administration would like to include these changes with the previously reviewed
modifications to Title 14. If you have questions about these changes, please contact me
at 283-8235.
Attachments
DEVELQPMENT REQUIREMENTS TABLE
ZONQHG DISTRICTS
USES C/ RR RRl RS RSl RSZ RUIT'SH 11, IH CC CG R
MINIMUM LOT
AREA
(square feet)
Single~f'wa/ 20,000 20,000 7.200 12,500 7,200 7.200 20,000
Three Family
Dwclling See individual
sections of Code
Four Family 20,000 22,400 9.600 N N 7,200 for requirements. 20.000
Dwelling
Five Family 22.400 N 12.000 N N 7,200. 20.000
Dwelling
Six Family 24,800 N 14,400 N N 7,200 20.000
Dwelling
Seven or More 27,200 +2,400 N 1b,800 +2,400 N N 7,200 20,000
Family Dwelling for each unit for each unit
over 7 ova 7
Note:
1. Listed square footages are the minimum required for each zone.
2. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation
(ADEC} requirements where on-site water supply and/or sewer is necessary.
292
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES ERR RRI RS RSI RS2 RUITSH CL Qi CC CC R
MWFMUM LOT WIDTH (feet) 90 90 60 60 b0 6D 90
MINIMUM YARD SIZE (feet)
Front 25 25 25 25 25 10 25
Side
One Story
Daylight Basement/SpEit Level=
Twa Story
IS
15
15
15
15
15
5
1D
1S
5
id
15
5
10
15
5
5
5'
See individual
sections of Code for
the requirements
!5
15
15
Rear 20 20 20 20 20 1D' 20
MAXIMUM LOT COVERAG1r 30% 3090 3090 309'0 30% 40'90 30%
MAXIlI~fUM HQGHT (in Feet) 35 35 35 3S 35
FOOTNOTES:
1. Side setbacks are determined independently from the front view of the stntcture. Plot plan/As-built
will distinguish single and two story portions of building to verify setback distances are met.
2. Story is that portion of a building included between the upper surface of any floor and the upper
surface of the floor next above or the ceiling or roof above.
One story is defined as a story having direct access from grade level without a lower story. A
structure having a lower story situated below a one story is considered aone-story structure in its
entirety.
Two story is defined as one story plus more than one-half the height of the lower story all situated
above grade.
Daylight basementJsplit level is defined as one story plus less than one-half the height of the lower
story all situated above grade.
For purposes of these footnotes. Grade is defined as the lowest point of elevation of the finished
surface of the ground between the building and a line 5 feet from the building.
3. Except that for each story over two stories, each side and rear yard shall be increased three feet,
but need not exceed 14 feet for each side yard and 19 feet for the rear yard.
?93
ADDENDUM TG'EEVELOPMENT REQUIREMENTS TABLE
ADDITIONAL REQUIREMENTS:
Minimum Yards:
Yards for Corner Lots: The minimum side yard on the street side, or platted right-of-way, or govern-
ment easement, of a comer lot shall be the same as the minimum front yard required for that zone. (Ord.
1635-95)
Maximum Heights:
Height Limitation of Structures Near Airport: All structures in aircraft-approach zones and within
8,000 feet of the main runway shall be sub,~ect to height limitation on the basis of obstruction criteria as shown
on the current FAA-approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. (Ord.
17$7-98)
294
14.20.070 Conservation Zone (C Zone}.
(a} Inten#: The C-Zone is intended to apply to areas which should be preserved primarily as open
areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone
to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to
publicly owned land.
(b} Principal Permitted Uses: As allowed in Land Use Table.
(c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter.
(d) Accessory Uses: As defined {see Defnition section}.
(e) Home Occupations: Uses as allowed by this chapter.
{f) Development Requirements: As described in Development Requirements Table.
{g) Parking Requirements: As required by this chapter.
(Ord. 925}
KEY: P - Princi al Permitted Use NOTE: Reference footnotes on
C = Conditional Use following pages for additional
S = Second Use restrictions
N = Not Permitted
Table 1 of 3
ZOMNG DISTRICTS
LAND USES C RR RRl R5 RSl RS2 ItU CC CG IL IIi R TSH
RESIDENTIAL
One Family Dwelling C'$ P P P P P P S S' SZ SZ P P
Two!'Three Family Dwelling C18 P P P P p P S S' C C P P
Four Family Dwelling C18 P C3 P N N P S S' C C C P
FivelSix Family Dwelling C's C3 N P N N P S S' C C C P
Seven or More Family Dwelling C18 C3 N C~ N N P S S' C C C P
Townhouses a C1e C C C C C C C C C C C C
Mobile Home Parks c N C C C C C C C C C C C N
Planned Unit Residential
Development T C1e C C C C C C C C C C C C
COMMERCIAL
Automvtive Sales N C C19 N N N C P P P P N N
Automotive Service Stations N C C's N N N C P P P P C N
Banks N C C'9 C N N C P P P C C C
BusinessJConsumer Services N C C19 C N N C P P P C C C
Hotels/Motels N C Ct9 C N N C P P P C C P
ProfessionalOtlices N C C'g C N N P P P P P C P
Restaurants N C C19 C N N C P P P C C C
LAND USE TABLE
KEY: P = Princi al Permitted Use NOTE: Reference footnotes an
C = Conditional Use following pages far additional
S -- Second Use restrictions
N = Not Permitted
Table 2 of 3
ZONING DISTRICTS
LAND USES C RR RRl RS 1251 RS2 RU CC CG II. II-I R TSH
RetaillWholesale Business N C C'g C N N C P P P P C C
TheaterslCommercial Recreatlon N G C'g C N N C P P C C P C
INDUSTRIAL
Airports and Related Uses PxQ C C19 C'g N N C P P P P C N
Automotive Repair fire
Recapping/Rebutlding N C C19 C19 N N C P P P P N N
Gas ManufacturelStorage N N Ch9 C19 N N N N N C9 C9 N N
ManufacturinglFahricating/
AssemblylStorage N C C C N N C C P P P C C
Wazehouses N C Clg C N N C C P9 P P C N
PUBLICI
INSTITUTIONAL
Charitable Institutions C C C C C C P P P P P G P
Churches C pio Pio plo Pio pio pio pio pio C C P10 P
Clinics C C C C C C C P P P C C C
Colleges C C C C C C C P P C C C C
}?lementary Schools C C C C C C C P P C C C C
Governmental Buildings C C C C C C C P P P C C C
High Schools G C C C G C C P P C C C C
Hospitals C C C C C C C P P P C C C
Libraries C C C C C C C'Z P P P C C P
Museums C C C G C C C P P P C C P
Parks and Recreation P S S S S S S P P 5 S P P
Sanitariums C C C C C C C C C C C C C
LAND USE TABLE
KEY: P = Princi al Permitted Use NOTE: Reference footnotes on
C = Conditional Use following gages for additional
S = Second Use restrictions
N = Not Permitted
Table 3 of 3
ZONING DISTRICTS
LAND USES C RR RRl RS RSl R52 RU CC CG IL IH R TSH
MISCELLANEOUS
Animal Baarding'~ C C C C C N N C C C C C N
Bed and Breakfasts C C C C C C C C C C C C C
Cabin Rentals C C C C N N N P P P C C P
Cemeteries C C C C N N N C C C C C C
ZOMNG DISTRICTS
LAND USES C RR RRl R5 RS1 RS2 RU CC CG IL IH R TSH
Crematories N C N C N N C C C C C C C
Day Caze Centers12 C C C C C C C C C C C C C
Darmitvries/Bvarding Houses C C C C C C P S' S C P C C
Essential Services P P P P P P P p P P P P P
Farming/GardeninglGeneral Agriculture P P P P P P P P P P C P P
GreenhousesrTree Nurseries 13 C C C C C C C P P P C C C
Assemblages's
(Large: Circuses, Fairs, etc.) C C C C C C C p15 pis pis pis C P
Lodges/Fraternat Organizatlons N C C C C C C P P P C C P
Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C
Parking, pff-Street P P P P P P P P P P P P P
Parking, Public Lots'Z C C C C C C C C C C C C C
Private Glubs N C C C C C C P P C C 5 C
Radioli'V Transmitters/Cell Sites P P C C C C C P P P P C C
Recreatlanal Vehicle Parks C C C C N N C C C C C C C
Social Halls N C C C C C C P P C C C C
Subsurface Exgactlon of Natural
ReSOUrCeS IB C C C C C C C C C C C C N
Surface Extraction of Natural
Resources 17 C C C C N N C C C C C C N
Union Halls N C C C C C C P P P C C C
FOOTNOTES
(1) Allowed as a secondary use except an the ground floor of the part of the building fronting an collector
streets and major highways.
(2) One (1} single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions:
(a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS
zone;
{b} The site square footage in area must be approved by the Commission;
{c} Yards around the site, off-street parking, and other development requirements shall be the same as
for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable health regulations;
(e) The proposed dwelling group will constitute a residential area of sustained desirability and stability;
will be in harmony with the character of the surrounding neighborhood, and will not adversely affect
surrounding property values;
(f) The buildings shall be used only far residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
(g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the
needs of the anticipated population;
{h) The development shall not produce a volume of traffic in excess of the capacity for which the access
streets are designed;
(i) The property adjacent to the proposed dwelling group will not be adversely affected.
{4} See "Townhouses" section.
(5) See "Mobile Homes" section.
(6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home
park meets the minimum Federal Housing Authority requirements.
{7) See "Planned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will
not destroy the residential character of the neighborhood.
(9} Allowed as a conditional use, provided that all applicable safety and fire regulations aze met.
(ltl) Provided that no part of any building i$ located neazer than thirty {30} feet to any adjoining street or
property line.
(11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet
to any adjoining street ar property line and provided further that the proposed location and characteristics
of the use will not adversely affect the commercial development of the zone.
(12} Allowed as a conditional use, provided that the following conditions aze met:
(a) The proposed location of the use and the size and characteristic of the site will maximize its benefit
to the public;
(b} Exits and entrances and off--street parking far the use are located to prevent traff c hazards on public
streets.
{13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to
assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the
conditions necessary to fulfill this requirement.
(14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the
mortctary.
(15) Allowed, provided that the following conditions aze met:
(a) An uncleared buffer strip of at least thirty (30} feet shall be provided between said use and any
adjoining property in a residential zone.
{b) Exits and entrances and off-street parlcirrg for the use shall be located to prevent traffic hazards an the
public streets.
(16} See "Conditional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
{18) Conditional Use allowed only an privately held property. Not allowed on government lands.
{19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur
Hf~lrwav.
(~0)The airport ar~d related a,a ed under this entry are aircraft~~
approach zones per KMC 14.20. 070 (a) . "~ '~~ "'
,.. ~.._„
~~
CITY OF KENAI
~l G~ ~ ~,~~-r
21q FIQALGO AVE., SUITE 200 KENAi, ALASKA 9$611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
~~I~~~
~m
MEMO:
TO: Planning & Zoning Commission ~
FROM: Marilyn Kebschull, Punning & Zoning Administration
DATE: February 17, 2000
SUBJECT: Historic District Board -Work Session
At their meeting on February 16`", City Council discussed the Historic District Board.
There have been concerns regarding establishing quorums, maintaining the Certified
Local Government status, and whether or not to retain the Board. Council directed the
Historic District Boazd to meet and prepare a proposal stating how they would like to
proceed and goals they would like to meet.
A work session has been scheduled for April i 7~' for the Historic District Boazd, City
Council, and the Planning and Zoning Commission. At this meeting, the Historic District
Boazd will present their proposal to Council. Please mark your calendars and plan to
attend.
As a reminder, the Historic District Boazd acts in an advisory capacity to the Planning
and Zoning Commission. One of the options discussed in the past was whether ar not the
Planning Commission could assume the duties of the Historic District Board. I am
attaching a copy of KMC 14.20.105 for your review. Also attached are two memos
written for Council regarding the Certified Local Government requirements and options
the City may implement to maintain the CLG status. If i can provide further information
or clarification regarding this subject, please contact me.
Attachments
14.20.105 Tawnsite Historic (TSH} Zoning District.
(a} In#ent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated
area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is ko
manage all new development, reconstruction and alterations within the zone. The intent of the Townsite
Historic Review Board is to enhance and identify the City of Kenai's heritage, to present this heritage in a
manner that promotes civic pride, and to foster an awareness of where we as a people have evolved.
(b) Historic District Board. A historic district Board will be established to regulate development wi#hin
the TSH zone. The following provisions will govern the Board's activities through the State of Alaska
Certified Local Government Program:
(1) The Board will consist of a minimum of seven members with a demonstrated interest,
competence, or knowledge in historic preservation, appointed for terms of not less than khree years. A
majority, plus one member must be residents of the City of Kenai.
(2) To the extent available, three Board members shall be professionals, as defined by National Park
Service regulations, from the disciplines of history, architecture or architectural history, and archeology.
(3) The Board will meet twice each year or as necessary and conduct business in accordance with
the Open Meeting Laws of Alaska. This includes public notiFcation of meeting place, time and agendas.
{4) Written minutes of each Board meeting will be prepared and made available for public inspection.
{c) Historic District Board Duties:
(1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the
area of the city to be included within the zone and any adjustments to the boundaries in the future.
(2) The Board shall review zoning requirements and review all proposed changes to the zoning taw
within khe TSH Zoning District.
{3) The Board shalt schedule a minimum of two meetings annually and special meetings as requested
by the Planning Department to review proposed building permit applications within the zone or other
business considered necessary by the Planning Department.
{4) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and
archaeological resources within the community. The surrrey shall be compatible with the Alaska Heritage
Resources Survey and able to be readily integrated into statewide comprehensive historic preservation
planning and other planning processes. Survey and inventory documents shall be maintained to protect
the site location(s) from possible vandalism. The survey shall be updated annually. {Ord. 1636-95)
(5) The Board shall review and comment to the State Historic Preservation Officer on all proposed
National Register nominations for properties within the boundaries of the City. When the TSH Board
considers a National Register nomination which is normally evaluated by professionals in a specific
discipline and that discipline is not represented on the Board, the Board will seek expertise in this area
before rendering a decision.
{6) The Board shall act in an advisory role to other officials and departmenks of local government
regarding the identification and protection of local historic and archaeological resources.
(7) The Board shall work toward the continuing education of citizens regarding historic preservation
and the community's history.
(8) The Board will review all building permit applications as well as all exterior architectural alterations
and demolition within the designated zone. The Board's responsibility will be to provide it's
recommendation for approval, denial ar modification to the Planning and Zoning Commission. The
guidelines to be followed by the Board will be designed to preserve the character which typify
development in the zone and provide the basis for preserving the historical character of the zone.
Applications must be accompanied by a schematic drawing of proposed changes within the zone.
(9} The Board shall develop a local historical preservation plan that will be compatible with the Alaska
State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage
Resource Survey.
(d) Application: An application requiring review in TSH Zoning District shall be filed with the Planning
Department. The TSM zoning district, a5 located within the bounds shown on the City of Kenai Official
Zoning Map. The application shall contain:
{1 }One reproducible copy of the application signed by the applicant and, if leasing the premises,
co-signed by the owner indicating type or nature of business.
(2) Current color photographs of the site and of any existing structures representing both the overall
condition of structures and accurately portraying materials and color.
(3} Reproducible schematic plans of the proposed construction sufficient to show building size and
layout, exterior elevations, proposed materials and colors.
{4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this
chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation
to the site.
(e) Development Criteria. The development criteria is intended to provide for a district in which
residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed
construction, renovation, demolition, or alteration shall:
(1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic;
restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style
with soft colored or natural sidings.
(2} Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and
building additions that are not compatible with adjacent buildings or which violate the existing character
and scale of the district.
(3) Specific structures and activities which will not be allowed, but are not limited ta:
{a) Buildings with "modern design style of architecture" that have no historical correlation with the
district;
(b) Multiple family residences {excluding duplexes);
(c) Gas stations;
(d) Auto repair shops;
{e) Rental storage of any kind;
(f) Kennels or similar uses;
(g) Livestock, Stables, Commercial horseback riding;
{h} Auto body and paint shops;
(4} Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any
individual unit within the structure may be of no more than 2,500 square feet, except that the Commission
may allow a larger individual unit if it is determined to be compatible with the zone.
(5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the
zone.
{f) Criteria for determining acceptable use shall include, but not be limited to the following:
{1) All alterations to existing structures should be performed so as to preserve the historical and
architectural character of the TSH zoning district.
(2) The distinguishing original qualities or character of a building, structure, or site in its environment
shall not be destroyed. The removal or alteration of any historic material or destruction of architectural
features cannot be done without approval.
(3) Changes which may have taken place in the course of time are evidence of the history and
development of a building, structure, or site, and its environment. These changes may have acquired
significance of their own, which should be recognized and respected.
{4) Landscaping requirements according to City of Kenai as required by KMC 14.25.
(5) All exterior construction must be completed within a year of date of approval.
(g) Existing structures: Ail structures existing prior to the enactment of this ordinance will be allowed
to continue in their present form and use. In the event of foss of the existing structure due to demolition,
fire or natural causes, the structure may be rebuilt with the following requirements:
(1 }The structure to be rebuilt must conform to the previously existing structure in terms of size, shape
and location unless the Commission determines the new structure is more compatible with the intent of the
TSH zone.
{2) The use of the new structure must be the same as the use of the previous structure.
{3) Application for reconstruction of the structure must be made to the Planning Department within
one year of the date of lass due to demolition or damage.
(4) Reconstruction of the structure must be complete within two years of the date of the loss due to
demolition or damage.
(5) If applicant wants to rebuild, other than apre-existing structure, the existing structure provisions
as stated above are not applicable.
{h) Criteria for designation of landmarks to be included in the TSH:
(1) Its age -approximately fifty years old.
(2) Its character, interest or value as part of the development, heritage, or cultural characteristics of
the City of Kenai.
{3) Its location as the site of a significant historic event.
(4) Its identification with a person or persons who significantly contributed to the culture and
development of the City of Kenai.
(5) Its distinguishing characteristics of an archi#ectural type.
(6} Its relationship to other distinctive areas that are eligible for preservation according to a historical,
cultural, or architectural criteria.
(i) Uses.
(1) Principal Permitted Uses as allowed in Land Use Table.
{2) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter.
1. Such uses must be similar to principal uses permitted in the zone.
2. Such uses must be in harmony with the intent of the zone.
(j) Review process. Upon submittal of an application, the Planning Department shall schedule the
application for review by the TSH Zoning District Review Board at the following appropriate meeting. The
Board shall make a recommendation regarding the permit application to the Planning and Zoning
Commission. The Board's recommendation shall be based upon the development criteria in this section
and all other pertinent provisions of the Kenai Municipal Code.
{k) Signs. Signs shall be as allowed as set forth in KMC 14.20.220(f). (Ord. 1727-96)
(I) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.26x.
(m) Definitions.
(1}Alteration-Any act or process that changes one or more of the exterior architec#ural features of a
structure, including, but not limited to, the erection, construction, reconstruc#ion, or removal of any
s#ructure which requires a building permit.
{2) Construction-The act of adding an addition to an existing structure or the erection of a new
principal or accessory structure on a fot or property which requires a building permit.
(3) Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a
historic district.
(4) Certified Local Government-A local government "that has been certified to carry out the purposes
of section 101(b) of the National Historic Preservation Act." (Ord. 1637-95}
(5} Historic District-An area designated as a "historic district" by ordinance of the City Council, which
contains within definable geographic boundaries, one or more landmark and which may have within its
boundaries other properties or structures that, while not of such historic andlor architectural significance to
be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark
or landmarks located within the historic district.
(8} Historic Preservation-The act of adopting regulations and restrictions for the protection and
preservation of places and areas of historical and cultural importance to the Kenai.
(7) Landmark-A property or structure designated as a "landmark" by ordinance of the City Council,
pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation
because of its historic andlor architectural significance to the City of Kenai.
(8} New Development-Any development which requires a building permit.
(9) Reconstruction-The ac#ion of returning a structure to original state.
{10) Relocation-Any relocation of a structure on its site or to another site.
(11 }Renovation-To restore to a former better state {as by repairing or rebuilding}.
(12} Site plan-Schematic drawing complying with the development criteria of this chapter and drawn
to scale showing proposed structure in relation to the site.
(Ords. 1133, 1527-93, 1587-93}
CITY OF KENAI
"Oi! Caprta! of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPMQNE: 907-283-7535
'~~~ FAX: 907-283-3014
Memorandum
Date: February 1, 2000
To: Richard A. Ross, City Manager
Through: Jack La Shot, Public Works Manager ~~
From: Marilyn Kebschull, Administrative Assistant
RE: TOWNSITE HISTORIC DISTRICT BOARD-CLG REQUIREMENTS
In September 199$, you asked me to research requirements for Certified Local
Governments (CLG) as it related to the Historic District Board. A copy of that memo
is attached.
I have again contacted Joy Bryant-Dolsby of the Office of History and Archaeology
(OHA). Ms. Bryant-Dolsby confirmed that CLG requirements have not changed.
She noted that if the City decided to use the Planning Commission to fulfill the
historic preservation requirements, the State Preservation OfFcer should be notified
in writing so that it could be documented. Ms. Bryant-Dolsby commented that OHA
would prefer the city maintain the Historic District Board as was noted in the memo
dated 9198. Ms. Bryant-Dolsby stated she would like to comment that it is usually
easier to maintain CLG status than to regain it if lost. I verified that the City's benefit
to maintaining the CLG status is to participate in the Historic Preservation Fund grant
program.
I contacted the cities of Seward and Juneau again to see if any changes had
occurred in their Board's operations. Rachel James, Seward, advised their Board
has had difficulty with establishing quorums at meetings. The Board has recently
decided to meet twice a year (February and August) and will call special meetings if
needed. The City of Juneau did not respond to phone messages.
February 1, 2000 Memorandum 2
I noted in the memo (9198) that the responsibility for the historic preservation
requirements could be transferred to the Planning and Zoning Commission. At that
#ime, I was concerned about the Planning and Zoning Commission being able to
complete the Preservation Plan. This plan was completed by the Historic District
Board and accepted by Council by Resolution No. 98-71 on October 7, 1998.
The memo concluded with possible options for the Historic District Board. Of the
four, two were implemented. The number of members was reduced from nine to
seven and the meetings were reduced from mon#hly to quarterly. It was felt that by
implementing these changes that the Board would be more likely to obtain quorums
for meetings. In 1999, the Board had four scheduled meetings. Two meetings did
not establish quorums so no business could be conducted.
If further information or clarification is needed, let me know.
CITY OF KENAI
"Qil Capita! of Alaska"
210 FIDALGO AVE., SUITE 20D KENAI, ALASKA 99611-7794
TELEPHONE: 907-283-7535
'~•. FAX: 907-283-3014
Memorandum
Da#e: September 2, 1998
To: Richard A. Ross, City Manager
From: Marilyn Kebschull, Administrative Assistant
RE: TOWNSITE HISTORIC DISTRICT BOARD-CLG REQUIREMENTS
I contacted the Office of History and Archaeology (OHA) in Anchorage and spoke
with Joy Bryant-Dolsby to determine what the Certified Local Government (CLG)
required in regard to the TSH Board. Ms. Bryant-Dolsby was very helpful. Initially,
she recommended that I contact the cities of Juneau and Seward as she felt they
had faced difFculties similar to what the City of Kenai has with regards to quorums
with the TSH Board.
The City of Juneau, Gary Gillette, advised that they have a Historic Resources
Advisory Board who advises the council and Planning and Zoning Commission. The
board has seven members. This is not adecision-making board and act only in an
advisory capacity. They have seven members and are scheduled to meet twice a
year with no set schedule. Mr. Gillette advised #hat should the need arise, they call
special meetings.
The City of Seward, Rachel James, advised that when Seward was originally
certified, they used their Planning and Zoning Commission in the capacity of the
Historic District Board. However, they had found that this didn't work and have
established a Historic Preservation Commission. Their commission has seven
members and meets four times a year.
Both Seward and Juneau's boards act in non-regulatory capacities.
Ms. Bryant-Dolsby advised that she spoke with Judith Bittner, the State Historic
Preservation Officer, asking what options were available to the City of Kenai. Ms.
Bittner stated she would work with the city with any arrangement that would
February 1, 2000 Memorandum 2
accommodate the city's needs. Bittner stated the city could utilize the Planning and
Zoning Commission to fulfill the historic preservation commission requirements. If
the city decided to utilize this arrangement, it would be necessary to have
commission members who could fulfill the positions of architect, archeologist, and
historian. If the Planning and Zoning Commission did not have members who could
fulfill those positions, the city would need to enlist community members who could
act as consultants in those areas of expertise to the Planning and Zoning
Commission. Ms. Bittner advised she would prefer the city did not use this option as
others have found #his can become convoluted and the P&Z Commission may not
have preservation as a prior7ty. It is Ms. Bittner's recommendation that the city
consider reducing the number of members on the TSH Board which may help to
establish quorums. The CLG requires 7 members; however, Ms. Bittner sta#ed she
would consider a board with less than the 7 members if that was necessary. In
addition, historic commissions are only required to meet twice yearly.
In reviewing the city of Juneau and Seward's code relating to their historic
commissions, I noted that they are less specific when listing the commission's duties
and responsibilities. It appears they have basically outlined the requirements noted
in the CLG guidelines. Kenai may want to consider reviewing this section of the
KMC to bring the code in line with the CLG requirements.
Any changes to the current configuration needs to take in#o consideration CLG
requirements which are the responsibility of the body which acts as the historic
preservation commission. This includes developing a preservation plan. The
Planning and Zoning Commission may not have the time or expertise to complete
#his plan.
In conclusion, the following options are a available:
• Move the historic preservation commission responsibilities to the P8Z
Commission using consultants in the community for the areas of expertise
as needed.
• Reduce the number of members on the TSH Board.
• Reduce responsibilities of the TSH Board by modifying the ordinance.
• Reduce meeting dates. CLG requires twice a year.
[.~ ~
CITY OF KENAI
„ ~~ ~ yq ~~
210 Flt}ALGO AVE., Sll1'rl: 200 KENAI ALASKA 99611 7794
TELEPHONE 907 2$3-753$
1=AX 907-.~63~3014
I~i~~.
~~
•
•
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning & Zoning Administratio
DATE: February 14, 2000
SUBJECT: Balloon Signs
City Attorney Cary Graves researched and provided the attached response to the
Commissions' questions regarding aerial signs and encroachments. Please review the
attorney's research. Paragraph five notes two options the Commission may choose if you
decide to recommend adding aerial signs to Title 14.
The following is the suggested wording to allow for aerial signs:
KMC 14.20.220(b) Prohibited Signs:
(14) Balloons or other gas-filled figures aze not permitted except as provided for in KMC
14.20.220 {e) {8).
KMC 14.20.220(e} Signs Permitted in Commercial and Industrial Zones.
(1}All signs permitted by this Code, provided that the square footage of all signs other than
wall, mazquee, roof, "balloons or other aas-filled fi ug_re" signs shall not exceed a total of
"120" square feet per business. Where there is more than one business on a premises, a
combined sign for all businesses on that premises shall not exceed "200" square feet.
(S) Balloons or other gas-filled figures may be used in a commercial {CC or CG) or industrial
{IH or IL) district for a total period not to exceed fifteen days in any six-month period at any
business location. Balloons ar other gas-filled figures must be securely fastened and may not
be mare than one hundred feet from above the ground ar pavement level. The height
requirement in this section shall control the height of balloons or other gas-filled figures
rather than KMC ~ 4.20.220(b)(11).
Balloon Signs
Page 2
if the Commission decides aerial signs should be prohibited, the following is the suggested
wording:
KMC 14.20.220(b} Prohibited Signs:
{14} Balloons or other gas-filled figures are not permitted.
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-TI94
TELEPHONE 907-283-7535
FAX 907'-283:014
MEMORANDUM
~~~'~o
FFB ~ ~
~'I ,
TO: Marilyn Kebschull, Administrative Assistant
FROM:G~ Cary R. Graves, City Attorney
DATE: February 14, 2000
IZE: Balloon Signs
You requested an opinion regarding whether allowing balloon signs would be authorizing
encroachments due to the fact that the wind would likely blow the balloon over adjacent
property. Under the proposal, balloon signs would be allowed for a maximum of 15 days in a
six-month period. My response follows.
At common law, a property owner owned the airspace above the property up to the heavens. The
advent of aviation made this doctrine unworkable, and the United States Supreme Court
repudiated it in United States v. Causby, 326 U.S. 256 (1946). The court held that a property
owner's right to the airspace extends upward only to the extent necessary for reasonable use and
enjoyment of the property. Where that line is usually depends on the facts of each case.
Violation of a property owner's airspace is usually regarded as a civil (non-criminal} trespass or
nuisance rather than an encroachment. 2A C.J.S. Aeronautics ~ Aerospace §10-11 (1972);
Speiser and Krause, Aviation Tort Law §1.8 (1978). For example, parking a boat on your
neighbor's property would be a trespass rather than an encroachment. In my opinion, a balloon
over a neighbor's property would not be covered under the City code's definition of an
encroachment in KMC 14.20.185.
Nat every intrusion into a property owner's airspace is considered a trespass. The Restatement of
Torts § 159 (2) states that such an intrusion is a trespass, " ... if, but only if, (a} it enters into the
immediate reaches of the airspace next to the land, and (b) it interferes substantially with the
other's use of the land." Under that standard, a balloon merely drifting over adjoining property
for a short term probably would not be a trespass; whereas, a balloon banging into adjoining
structures or power lines, etc., would be.'
The City could opt to allow advertising balloons. It would then be the owner/user's
responsibility to assure the balloon did not trespass on any adjoining property. The City could
Marilyn Kebschull
February 14, 2000
Page 2 of 2
also opt to prohibit such advertising devices if it thought them inappropriate due to potential
trespass issues or aesthetic concerns.
Hopefully, 1 have answered the questions the Commission had regarding balloon advertising
constituting an encroachment. The Commission members should feel free to call or stop by my
office at City Hall if they have any questions on this or any other issue.
CRG/sp
t As a historical footnote, the first American aviation litigation was a wayward balloon's destruction of a neighbor's
garden and fence in 1822. The defendant was found to crave committed trespass and ordered to pay $90 plus costs.
Gtrille v. Swan (1822 NY) 19 Johns 3$1, CCH Avi 1.
~~
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 90T-283-7535
FAX 807-283-3014
'~ll~.
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MEMO:
1
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning & Zoning Administration
DATE: February 17, 2000
SUBJECT: Proposed Livestock Ordinance
...
Attached is the proposed livestock resolution and ordinance that was prepared at the
request of Commissioner Goecke. 1 have prepared a map showing how the proposal
would affect properties within the City of Kenai. That map is also attached.
City Council has scheduled a work session for March 15~' at 6 p.m. to discuss the
proposal with the Commission. The Commission may want to review the proposed
ordinance and discuss alternative options and ramif cations of the ordinance prior to
meeting with the Council.
Attachments
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ99-
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPT AN
ORDINANCE PROHIBITING THE KEEPING OF LIVESTOCK WITHIN THE CITY OF KENAI
EXCEPT IN LOTS OF THREE ACRES OR MORE WITHIN RURAL RESIDENTIAL (RRJ
ZONES.
WHEREAS, the keeping of livestock within non-rural residential zones within the City of
Kenai creates sanitary and odor problems for such zones; and
WHEREAS, the restriction of the keeping of such animals to lots of three acres or more in
Rural Residential (RR) zones within the City will reduce such problems; and
WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such
animals to Rural Residential (RR) lots of sufficient size;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA THAT KMC 3.10.070 is enacted as follows:
3.10.070 Livestock within the city limits:
(a) Except as otherwise provided in subsection (b) below, na person shall
keep or maintain livestock within the City of Kenai.
(b) Livestock may be kept in the Rural Residential (RR) zone on lots of
three acres or more.
(c) In this ordinance "livestock" is defined as any cattle, buffalo, llama,
alpaca, horses, sheep, swine or goats.
(d) The Chief .Animal Control Officer may issue temporary permits of not
more than fourteen { 14) days for the keeping of livestock not otherwise
allowed for public exhibitions or entertainment events.
{e) Lots not in the Rural Residential Zone {RR) or lots in the RR Zone Less
than three acres on which livestock are maintained or kept on the
effective date of this ordinance shall be considered anon-conforming
use of the land under KMC 14.20.050.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this day of , 1999.
Chairman:
Attest:
CITY OF KENAI
ORDINANCE NO. -99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROHIBITING THE
KEEPING OF LIVESTOCK WITHIN THE CITY OF KENAI EXCEPT IN LOTS OF THREE
ACRES OR MORE WITHIN RURAL RESIDENTIAL (RR) ZONES.
WHEREAS, the keeping of livestock within non-rural residential zones within the City of
Kenai creates sanitary and odor problems for such zones; and
WHEREAS, the restriction of the keeping of such animals to lots of three acres or more in
Rural Residential (RR) zones within the City will reduce such problems; and
WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such
animals to Rural Residential (RR) lots of sufficient size;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 3.10.070 is enacted as follows:
3.10.070 Livestock within the city limits:
{aJ Except as otherwise provided in subsection {b) below, no person shall
keep or maintain livestock within the City of Kenai.
{b~ Livestock may be kept in the Rural Residential (RR) zone on lots of
three acres or more.
{c) In this ordinance "livestock" is defined as any cattle, buffalo, llama,
alpaca, horses, sheep, swine or goats.
(d) The Chief Animal Control Officer may issue temporary permits of not
more than fourteen (14) days for the keeping of livestock not otherwise
allowed for public exhibitions or entertainment events.
(e) Lots not in the Rural Residential Zone (RR) or lots in the RR Zone less
than three acres on which livestock are maintained or kept on the
effective date of this ordinance shall be considered anon-conforming
use of the land under KMC 14.20.050.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of ,
1999.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: , 1999
Adopted: , 1999
Effective: , 1999
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 16, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*A11 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. Resolution No. 2000-5 -- Encouraging the Alaska Legislature to
Support Funding for the Magazine, Newspapers and More: Full Text
Articles for Alaskans Online Resource Included in the State of Alaska FY
2001 Capital Budget.
ITEM D: COMMISSION COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E: MINUTES
1. *Regular Meeting of February 2, 2000.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
-1-
ITEM H; NEW BUSINESS
~aPr^D~/~ 1. Bills to be Paid, Bills to be Ratified
~~:~r ~~2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1850-2000 -- Increasing Estimated Revenues and
Appropriations by $164,065.52 in the General Find to Pay Outstanding .
Taxes and Costs Due on Inlet Woods Subdivision.
4. *Ordiaance No. 1851-2000 -- Increasing Estimated Revenues and
Appropriations by $30,000 in the General Fund for the Multi--Purpose
Facility Ice Maintenance Contract.
5. *Ordinance No. 1852-2000 -- Amending KMC 24.15.010, Entitled
"Regulations" and the Cemetery Regulations.
6. *Ordinance No. 1853-2000 -- Increasing Estimated Revenues and
Appropriations by $44,934 in the Airport Land System Special Revenue
Fund and the Airport Fire Station Capital Project Fund far Engineering.
~j0i'py8s( 7. Approval -- Kenai Golf Course/Requested Rate Increase.
~P~,-~~f 8. Approval -- Special Use Permit/Bill Joyce, Arctech Services, Inc. --
Harvesting Spruce Beetle Killed/Infested Trees.
,~.Ti 9. Discussion -- Historic District Board
~ •~~z~~ '~ as ~"~7r~.a.~rru_cf~`~ • .~vc~.C r~,P ~jo.ry~~~~ ~r:ir ~ ~/7/~v~.
10. Discussion -- Potential Partnering with Boys & Girls Club/Development
of New Facility.
ITEM I: ADMINISTRATION REPORTS
1. Mayor
2. Gity 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
-- None Scheduled
ITEM K:
cj ~-,
KENAI PENINSULA BOROUGH PLAT COMMITTEE
PLANNING DEPARTMENT
BOROUGH ADMINISTRATION BUILDING ~~~
144 NORTH BINKLEY STREET ~/~~
SOLDOTNA, ALASKA '"F~ ~ D
~~
5:30 P.M. February 14, 2000 ~4'ti.:~'r~_
Tentative Agenda
Members
Peggy Boscacci
Seldovia City
Term Expires 2000
Philip Bryson
Kenai City
Term Expires 2001
Brenllohnson
Kasilof Area
Term Expires 2000
Ann Whitmore-Painter
Moose Pass Area
Term Expires 2000
ALTERNATES:
Lynn Hahl
Seward City
Term Expires 2002
Jim 5kogstad
Hope
Term Expires 2001
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. MemberlAlternate Excused Absences
a. No excused absences requested.
3. Minutes
a. .lanuary 24, 2000
D. CONSIDERATION OF PLATS
1. Hodgson Sub. No. 5
Preliminary; KPB File 2000-010
Integrity Surveys/Morrison
Location: Ridgeway, north of Knight Drive,
on Kenai River
2. ANP Subdivision
Preliminary; KPB File 2000-011
McLane/Kenai Fertilizer Co.
Location: North Kenai Road
3. Van Sky Subdivision No. 3
Preliminary; KPB File 2000-012
McLane/Van Sky
Location: Bernice Lake Road
4. Massengill Tract A, Huff Mullen Addn. No. 2
Preliminary; KPB File No. 2000-017
Fuglestad/Huff
Location: Fritz Creek area
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5. Bean Creek SID Just Bears Addition
Preliminary; KPB File No. 2000-019
McLane/Bear
Location: Juneau Creek Road, Cooper Landing
6. Northern Enterprises No. 1
Preliminary; KPB File No. 2000-020
Ability/Northern Ent.
Location: Kachemak Drive, between the City of Homer
and Kachemak City
E. ADJOURNMENT
The next regularly scheduled Flat Committee meeting is February 28, 2000 at 5:30
p.m. in the Planning Department, Borough Administration Building {top floor}, 144
North Binkley, Soldotna.
z
KENAI PENINSULA BOROUGH PLANNING COMMISSI
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING ~Cc~,
144 NORTH BINKLEY STREET ~ Cc~~
SOLDOTNA, ALASKA ~ ~C~
Febru 14, 2000 7:30 P.M. ~N~c~~ ~
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ca~,~~~
Tentative Agenda 4~r2, /
Jahn Hammelman F~j7,
Chairman A. CALL TO ORDER
Areawide
Term Expires 2002
B. ROLL CALL
Philip Bryson
Vicc Chairman
Kenai City C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
Term Expires 2001 AGENDA
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area All items on the consent agenda are considered routine and noncontroversial by the Ptanning 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 wil! 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 ub[ic hearin
P g, please advise
Term Expires 2001 the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment.
Peggy G. Boscacci 1. Time Extension Requests
PC Member
5eldovia City
Term Expires 2000 a. Inspiration Valley; KPB File 96-247; (Requested by Imhoff far
Leroy Gannaway Pittman); Location: Diamond Ridge area
PC Member
Homer City
Term Expires 2001
b. Homer School Survey; KPB File 99-022; {Requested by
Imhoff); Location: City of Homer
Ellis Hensley, Jr.
PC Member
Nikiski c. Blakley Subdivision Part Two Barker-Harris Addn. One; KPB
Term Expires 2002 File 9&259; (Requested by Swan Surveying); Location:
Lynn Hoh1 Cooper Landing
PC Member
Seward City
Term Expires 2002 d. Mooring Estates Bible Chapel Addition; KPB Fiie 98-206;
Brent Johnson {Requested by Swan Surveying); Location: City of Soldotna
PC Member
Kasitof Area
Term Expires 2000
e. Triple Crown Estates; KPB File 99-021; (Requested by
Imhoff); Location: approximately nine miles easterly of Homer
Jim skogstad
PC Member
Hope 2. Plats Granted Administrative Approval
Term Expires 2001
Vacant Seal 3. Plats Granted Approval Under 20.04.070 -None
PC Member
Soldotna City
Term Expires 2002 4. PIat Amendment Requests
a. Cook Estates Sleepy Lagoon Addn; Plat 99-7 Kenai Recording
District; Location: Sterling; KPB File 2000-014 [Swan
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Surveying)
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
f.
1) South of the Kenai Gas Fields to Kasilof; Upland
Seismic Survey; Fairweather Geophysical LLC,
MLUP/NS 99-03
2) Nanwalek; Housing Project; North Pacifc Rim
Housing Authority; AK9911-05AA
b. Conclusive Consistency Determinations Received from DGC
c. Administrative Determinations -None
6. KPBPC Resolutions -None
7. Commissioner Excused Absences
a. No excused absences requested.
8. Minutes
a. January 24, 2000 Plat Committee Minutes
b. January 24, 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
1. Ordinance 2000-04: An Ordinance Approving the Revised Road
Standards for the Kenai Peninsula Borough Road Maintenance
Program
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the 10 foot utility easement along the south boundary of Lots 5,
6 and 7 and the 10 foot utility easement along each side of the line
common to Lots 5 and 6 within Block 2 granted by Barnett's South
Slope Subdivision (plat 77-61 HRD); also being shown within Lots S-
A and 6-A Block 2 of Barnett's South Slope Subdivision Crandall
Addition {Plat 9b-8) Amcnded (Plat 97-2 HRD); within Section 17,
Township 6 South, Range 13 West, Sewazd Meridian, in the City of
z
Homer, Alaska; KPB File No. 2000-015
H. SPECIAL CONSIDERATIONS
Plat Waiver Application; Vernon D. Bailey: KPBPC Resolu#ion 2000-
05: Granting a platting waiver for certain lands within Tract B of
Baikobros Subdivision, Section 25, T1S, R12W, Seward Meridian,
Alaska. In the Homer Recording District. KPB File No. 2000-0 i 3
CONSIDERATION OF PLATS
The Plat Committee is scheduled to review six plats.
J. KENAI RIVER HABITAT PROTECTION {KPB 21. i 8) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Permit Application for a Sand, Gravel or Material Site; Anchor Point;
Cliff Shafer, carried forward from lone 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 lying within
the S'/z of Section 25, TSN, R3 W, S.M., Alaska, pursuant to KPB
Code of Ordinances, Chapter 17.10.080; carried forward from
December 14, 1998.
Postponed until brought back to the Commission by staff.
3. Public Hearing; Draft Ordinance Repealing KPB 2.40.080 "PIat
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, T5N, R11 W, S.M., AK; KPBPC
Resolution 99-45; KPB File 99-175; carried forward from October 25,
1999
Postponed until brought back to the Cammission by staff.
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 KFB 21.18 for the construction of
a 4 foot by 18 foot addition to an existing $ 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, R10W, S.M., River Mile 15.2
left bank; KPB Parce1055-259-13; Gaylor; KPBPC Resolution 99-4G;
carried forward from November 8, 1999.
Fostponed until brought back to the Commission by staff.
7. Naming Public Easement with Grace Cole 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.
8. Vacate the westerly 15 feet of Bayview Street, adjacent to Lots 2A and
3A, Block 5, Ninilchik Townsite, Jackinsky -Vanek Replat (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; carried forward from January 24, 2000
Postponed until brought back to the Commission by the petitioner or
staff.
9. Ordinance 2000-02: Repealing KPB 21.08 "Local Option" and
Adopting KPB 21.44 "Local Option Zoning"; carried forward from
January 24, 2000
Scheduled for second public hearing February 28, 2000
Q. ADJOURNMENT
PLAT COMMITTEE
The Plat Committee will meet at 5:30 p.m. in the Planning Department (top floor),
Borough Administration Building, 144 North Binkley, Soldotna, Alaska on
February i 4, 2000.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled Plat Committee meeting is February 28, 2000 in the
Planning Department, Borough Administration Building {top floor), 144 North
Binkley, Soldotna at 5:30 p.m.
The Plat Committee is scheduled to meet March 13, 2000 in the Planning
Department, Borough Administration Building (tap floor), l44 North Binicley,
Soldotna at 5:30 p.rn.
The Plat Committee meeting is scheduled to meet 5:30 p.m. March 27, 2000 in the
Quarter Deck, Land's End, 4786 Homer Spit Road, Homer
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is February 28, 2000 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley,
Soldotna at 7:30 p.m.
The Planning Commission is scheduled to meet March 13, 2000 in the Assembly
Chambers, Borough Administration Building, 144 North Binkley, Soldotna at 7:30
p.m.
The Planning Commission is scheduled to meet March 27, 2000 at 7:30 p.m. in the
Quarter Deck, Land's End, 4786 Homer Spit Road, Homer
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Kachemak Bay Advisory Planning Commission
Unapproved Minutes of Special Meeting of January 15, 2000
2. Kachemak Bay Advisory Planning Commission
February 3, 2000 Agenda
Kenai Planning & Zoning Commission
January 12, 2000 Minutes
4. Wes Coleman Letter of Resignation
5. Senate Bill No. 196: An Act Relating to Selection of
Members of the Planning Commission for a First or Second
Class Borough
Kenai Peninsula Borough Appeal of the Kenai Area Plan
(Copies of the Exhibits are available upon request.)
7. Seward Planning Commission January 5, 2000 Minutes
8. February 9, 2000 Trails CommissionlKachemak Bay Advisory
Planning Commission Joint Meeting
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-800-478-4441, extension 260
Fax: 907-262-861$
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.uslplanningdept
OTHER MEETINGS
Anchor Point Advisory Planning Commission
Cooper Landing Advisory Planning Commission
KPB Trails Commission/KachemakBoy Advisory
Planning Commission Joint Meeting
Kachemak Bay Advisory Planning Commission
Kachemak Bay Advisory Planning Commission
Kenai Peninsula Borough Trails Commission
Cooper Landing Advisory Planning Commission
Anchor Paint Advisory Planning Commission
Kachemak Bay Advisory Planning Commission
February S
February 9
February 9
February 17
March 2
March 2
March 8
March 14
March 16
~~a
KENAI CITY COUNCIL
Meetiag First and fihird Wednesday
at 7:00 p.m.
Couacil Member Name and Address Hame Business Email Address Term
Phone Phaae Ends
Mayor John J. Williams 283-4960 283-3104 (p) kenai ma o hotmaii.cam 2001
City of Kenai 283-3104 (f)
P.O. Box 459
Kenai AK 99611
Council Member James C. Bookey, III 283-4227 283-4227 (p) 2001
City of Kenai 283-4013 (f}
P.O. Box 326
Kenai AK 99611
Council Member Joe Moore 283-4610 283-3434 (p~ cpaioe(c7otmlcpas,cam 2001
City of Kenai 2$3-3476 {fl
1006 Inlet Woods
Kenai AK 99611
Council Member William R. Frazer 283-4861 260-6246 (p) wfraze c tialaska.net 2000
City of Kenai 260-6249 (fj
1002 Crow Court
Kenai, AK 99611
Council Member Pat Porter 283-4348 patn116c(r7,worldnet.att.net 2000
City of Kenai
116 Deepwoad Court
Kenai, AK 99611
Council Member Duane Bannock 283-3158 283-3949 (p) 2002
City of Kenai 283-6506 (fj
1105 First Street
Kenai, AK 99611
Vice Mayor Linda Swarner 283-4366 2$3-9479 lswarne hotmail.com 2002
City of Kenai
298 Rogers Road
Kenai AK 99611
Or mail to Kenai City Hall: 283-8231 (p) cfrea ci.kenai.ak.us
210 Fidalgo Avenue, Suite 200 283-3014 (~
Kenai, AK 99611-7794
(2/ 16/2000)
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Unity Trail Comments and Responses
1-Nov-99
Comment/Issue
1 There are more
commercial/businesses an the
south (river) side of the road
than the north side.
Observation/Clarification
The south side of the road has
approximately 7 existing businesses and
the north side has approximately 6
businesses. Businesses located on the
north side are mostly concentrated near
the beginning of the project at Sports
Lake Road.
Z From the Tesoro/One Stop to
the Mortuary, there are more
exits on the south side of the
road. This section is the
"Gauntlet." It would mean more
exposure to traffic for trail
users with the trail on the south
side.
3 From Sport Lake Rd. to Swires
Rd. the traditional bike and
foot path is on the north side of
the road.
4 A trail on the south side of the
road would require more
earthwork, than a trail on the
north side.
5 Views of the trail would be
better on the north side
because the existing terrain is
higher than the road. Better
visibility would mean better
safety and #ewer moose
encounters.
Along this 1,800-foot segment of
roadway, there are 8 approaches on the
south side and 7 on the north side if the
road. The south side approaches along
this segment serve a higher volume of
traffic than the approaches on the north
side.
The existing pathway was created as the
utilities were developed and motorized
off-road vehicles became popular.
Traditional use includes pedestrians,
bicycles, equestrian, and motorized
vehicles (snow machines, #our wheelers
and dirt bikes},
There are locations where the cost of
construction on one side would be more
expensive than the other side, however
initial analysis indicates costs
differences for one side as opposed to
the other are not significant.
In the hilly terrain areas of the project,
most of the trail must follow the existing
road grade to comply with American
with Disabilities Act (ADA) regula#ions.
Opportunities to steepen the pathway
grade to attain higher elevations than
the road are limited because the
existing right-of-way.
Design Solution
The location of the trail on either side must
consider adjacent land use including
businesses and their accesses.
Traffic speeds and conditions in the
"Gauntlet" will have the same effect whether
the trait is on the north or south side. The
impact of the approaches to trail use along
this segment of roadway will be considered
when making the decision on which side of
the road to place the trail. The trail may
better serve users if more destination points
are located on the same side of the road as
the trail.
The new trail will not accommodate
motorized vehicles other than for
maintenance. Motorized vehicles and
equestrian use of the existing north side trail
may be displaced if the new trail is built over
the north side trail.
Design alternatives may include retaining
walls and gabion walls to reduce earthwork
and environmental impacts along portions of
the proposed trail.
Design of the trail will incorporate features,
where feasible, to make trail use safe and
enjoyable. This includes existing vegetation
and terrain to provide a varied trail
environment.
Unity Trail Summary Matrix
Page 1
Commen#/Issue
6 A trail on the north side would
mean a crossing of the road is
unnecessary, whereas a trail on
the south side would need a
highway crossing.
7 There would be more
disruption to utilities if a trail
were built on the south side of
the road.
8 There is a larger
easement/right-of-way on the
north side of the road. The
right•of•way on the south side is
smaller and closer to the road
at several locations.
9 The cost of a trail on the sou#h
side is greater than the cost of
a trail on the north side.
10 Separate trails on each side of
the road would be best. The
south side would serve
pedestrian and bicyclists, the
north side equestrian and
motorized uses.
11 The existing Kenai trail was not
built properly and did not last.
The new trail needs to be built
to accommodate heavy
maintenance vehicles.
12 Build the trail as close to the
highway as possible to take
advantage of the existing
highway subbase.
Observation/Clarification
The existing trail connections in Kenai
and Soldotna are on the south side of
the highway. A trail on the north side
would require at leas# two crossings to
meet the existing trail. A trail on the
South side would not require highway
crossings with the initial construction.
There are utilities located on each side
of the highway.
The right-of•way is fairly symmetrical
throughout the project. It is typically
200 or 300 feet wide. There are a few
areas where the right•of•way is narrower,
as small as 100 feet by Swires Road.
There are locations where the cost of
construction on one side would be more
expensive than the other side, however
initial analysis indicates costs
differences for one side as opposed to
the other are not significant.
Currently there is a dirt trail on the
north side of the road. While not ideal,
the trail serves recreation vehicles and
equestrians as well as pedestrians.
The Soldotna portion of the Kenai path
was construc#ed in 1997 and the Kenai
portion of the pathway was constructed
in 1995.
Design Solution
Ultimately, a paved pathway on each side of
the road may be ideal, Currently the existing
dirt trail on the north side of the highway
provides some level of service for the north
side. If a highway crossing was to be
incorporated into the project, it would ideally
be either an over- or underpass. Because a
separated crossing is very expensive, it would
be better to consider it when the highway is
widened.
Additional crossings to serve the users
maybe required with either option.
Trail alignment is quite flexible and the trail
will be designed to minimize conflicts with
utilities, regardless of the side of the road the
#rail is constructed.
Right-of•way is adequate to construct the
pathway on either side of the highway.
Special construction techniques such as
retaining walls can be used where necessary
to stay within the existing right-af-way.
The cost of the trail will be kept as low as
possible while still providing a safe and
pleasant trail for users and for adjacent
properties. Engineering and design solutions
will be used to keep trail cost down.
Future development of the road may lead to
trails on each side of the road. A pathway on
both sides of the highway is outside the
scope of this project.
The proposed trail will be designed to
accommodate maintenance vehicles. Design
will include a gravel base to reduce frost
heave problems.
The trail will be built as e#ficiently as
possible. To balance the needs of different
users and to accommodate terrain and
vegetation, the trail location will vary in its
distance adjacent to the road.
Unity Trail Summary Matrix
Page 2
Comment/issue Observation/Clarification
13 Wait one year to surface the
base so that consolidation can
occur. There isn't really a need
to pave in the fall.
14 lax money shouldn't be spent
on a pedestrian trail.
Pedestrians do not pay excise
or gas tax.
Trail moneys come from a variety of
sources, the most significant source is
the Federal government. All tax payers
contribute to transportation projects of
al! types. Development of trail
improvements is an
approved/mandated part of the highway
legislation
15 It is better to construct a trail
on the south side to avoid
conflicts with the existing
motorized vehicle use of the
north side.
16 Keep pedestrian and motorized
vehicles separate.
17 Do not build a trail that would
prohibit the traditional use of
motorized vehicles on the north
side.
18 Beaver Street is the busiest
intersection. Strawberry Road
is the second busiest
intersection.
i7esign Solution
This will be considered during projec#
development.
The cost of the trail wil! be kept as low as
possible while stilt providing a safe and
pleasant trail for users and for adjacent
properties. Engineering and design solutions
will be used to keep trail cost down.
This is an important issue and is considered
one of the key items in determination of
which side of the roadway to place the trail.
The new trail will not allow the use of
motorized vehicles other than for
maintenance. Motorized vehicles and
equestrian use of the existing north side trail
may be displaced if the new trail is built over
the north side trail.
Same as previous comment.
Same as previous comment.
Designers will use this information as the
trail is designed.
19 Who will main#ain the trail? The trail is located within three There are existing agreements between the
jurisdictions, the City of Kenai, the City S#ate and the Kenai Peninsula Borough, City
of Soldotna and the Kenai Peninsula of Kenai, and City of Soldotna to provide for
Borough summer maintenance of the trail by the three
local governments.
20 Will trail maintenance be year Because trail maintenance will occur Comment will be passed on to local
round? Kenai sweeps its trail in within each jurisdiction, maintenance governments.
the spring, Soldotna clears activities may vary. Local governments
snow. It would be better to will determine the degree of
pack snow on the trail. maintenance #or each section of trail.
Unity Trail Summary Matrix
Page 3
Comment/Issue Observation/Clarification
21 Keep trees between the trail Existing vegetation, of a variety of types,
and the road. is located in different areas along the
trail alignment.
22 The road is 55 miles per hour,
the new trail must be separated
to be safe.
Design Solution
The intent is to use existing trees to separate
the road from the trail where possible.
However, where trees are excessively thick,
they will be thinned and pruned to allow
views of the trail from the road for safety
reasons.
The new pathway will be separated by at
least 8 feet where feasible.
23 Motorized vehicles must be Motorized vehicles are prohibited from The proposed trail will be designed to
kept from the trail, even utility using the pathway. However, accommodate maintenance vehicles. Design
maintenance vehicles. occasionally maintenance or emergency will include a gravel base to reduce frost
vehicles may use the trail. heave and provide structural support.
24 Make sure existing and future
utility projects don't conflict
with the trail location.
25 Will the new trail conflict with
the proposed four lane project?
26 Create a marathon loop,
connecting Kenai Spur trail and
K Beach trail.
Portions of a marathon loop already
exist with the existing #rails.
27 Will driveway crossings be
dangerous?
2f3 Use gates to limit vehicle
access to the trail.
29 Will right-of-way purchase
determine trail location?
30 How will steep grades affect the
trail, an ATV user was killed on
a steep section next to the
road.
31 There are fewer trees on the
north side of the trail, less
clearing would be required.
Coordination wi#h the utility companies to
minimize conflicts is ongoing.
When the highway is rebuilt, portions of the
trail may be reconstructed.
Completion of this trail will bring Kenai and
Soldotna closer to the development of a
marathon loop. The desire of additional
trails will be considered.
Driveway crossings have an element of risk
associated with them. Crossings of side
street and high volume driveways will be
located close to the shoulder of the existing
Kenai Spur Highway to allow users to cross in
front of stop signs or where they are more
visible to motorists.
Bollards and gates will be considered at
various locations.
The trail will be designed to stay within the
existing right-o#-way to the extent feasible.
Grades will be kept as gentle as possible
adjacent to the trail. The trail itself will
include a flat #en foot area that will be
sufficient for bicycles and pedestrians to
maneuver.
To the extent possible clearing of trees will
be avoided or limited. Generally, existing
trees provide visual separation between the
trail and the highway.
Unity Trail Summary Matrix
Page 4
` Comment/issue Observation/Clarification
32 An underpass is needed to get
from one side to the other.
33 If the trail is on the north side,
how will children cross to get to
Mountain View Elementary
School?
Design Solution
Because a separated crossings are
expensive, it is more appropriate to consider
them when the highway is widened.
This was one of the factors in considering a
trail location, with the trail will be on the
south side there is less of a need far a
crossing.
34 What is the cost of the trail? Available trail funding is approximately It is too early to estimate the cost of the trail.
2 million. Typically, costs are $200,000 to $1,000,000
per mile. Costs depend on a variety of
factors including, cut and fill, need for
structures • retaining walls, bridges.
35 What is the cost if the trail is The road may not be built for over ten A major cost is the loss of use by current
built when the road is years. Building the trail now is cost residents.
enlarged? effective since, by the time the road is
built, the trail will have served numerous
people and would likely need to be
upgraded or rehabilitated by them.
36 What is the project schedule? The goal is to begin construction this
summer.
37 Will there be more community One more community meeting is
meetings? scheduled.
38 Have landowners been notified? All land owners of record with the Kenai
Peninsula Borough Tax Office, living
along the road, or within 1000 feet of
the road, have been notified.
39 Put a pedestrian crossing with
flashing lights that are
activated on demand. Locate at
Beaver Loop area, Silver
Salmon and Strawberry Roads.
40 Install landscaped rest stops
along the trail with benches
and trash cans.
41. Install lighting at regular
intervals.
42 Build landscaped mounds to
form large buffer areas to
separate the trail from the
road.
Will consider.
illumination is outside the scope of the
project. If the pathway is constructed as an
integral part of the roadway shoulder,
illumination will be considered in these
areas.
Physical features will be used where feasible
to separate the pathway from the roadway.
Unity Trail Summary Matrix
Page 5
210 FIDALGO, SUITE 200, KENAI, AK 99669-7794
(907) 2B3-7933
1 -
Ta: Deresa
From: Marilyn Kebschull
Fax: 283-3299 Pages: 2
Phonee 283-7551 Date: February 18, 2000
Re: ADVERTISEMENT CC: FILE
^ UrBent ^ Far Review ^ Please Comment D Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, February 21, 2000.
This will be charged against the open Purchase Omer you have. Thanks.
February 18, 2000
CITY OF KENAI
PLANNING AND ZONING COMMIS51ON
"`AGENDA""
KENAI CITY COUNCIL CHAMBERS
February 23, 2000 at 7 p.m.
h ttp:llwww. c i. ke n a i. a k. u s
1. CONSIDERATION OF PLAT5:
2. PUBLIC HEARINGS:
3. NEW BUSINESS:
a. `PZ00-04-Home Occupation Permit -Gun Shop/Gunsmith-1110 Channel Way (Lot
5, Black 5, Inlet Woods Subdivision), Kenai, Alaska. Application submitted by Steve and
Judy Robinson, 1110 Channel Way (P,O. Box 3589}, Kenai, Alaska.
b. Title 14 Code Revisions -- Development Requirements TablelLand Use Table
c. Historic District Board -Work Session (April 17, 2000) -Discussion
4. OLD BUSINESS:
a. Title 14 Code Revisions -Balloon Signs
5. PENDING ITEMS:
a. Proposed Livestock Ordinance (Work Session scheduled with City Council for March
15, 2000 at 6:00 p.m.)
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 Hall, 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: February 21, 2000
• Page 2
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