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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 `~ ~ !r / .I „/ ~Ql~I2.r n V!~ 'rU 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 94811-7794 TELEPFIONE 907.283-7535 _ _ FAX 907-283.3014 ~ ~~.ennar 'I~~11' 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 . ~ /~ ~v- \\ ~., 'O~ ~ , s . . .s.t . ~ •r. S~•~t H • ~Jy ~ • V ~ ~ y3~ ~.~, is _ ~~~ cr- v '~'. . S :. I a ~ ~ W Y ' ' ~~~ ~ f~ ~ ~ ~ ~ ~~ T °~ ~ ~ ~~ ^ ~ G Y N Q a H S C _ ICS yy L i~ ~ ~ ~ CQ p .~+ ~~ ~ ~- Y w~ ~ x~ O z ~{ ~ d ~ J 3~ v,n. ti !8 ~ ~ • 3 ~~ N z. iY ~~ O W ~ ~_. V 'd, ~\ \ ~~ OF1 ~`. `\~ \`\ ~ ~~ ~ ~~ ~ , ~ 'A V - \'~~ D~ ~. ~O ~ 1G ~ . as0 ~ ~~O `3 a ,~•' ~ os~ tio~' A~c,'~~` jai ~ ~ ~~, ~ ~ o~ .. S / ~n\ -a 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~. ,~_ 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 ~a c d .y d ~a L m c 0 N N m a~ a 0 L a __ _ - ~' ` .,..: "a? .. C ~ ~ ~ : ~ ~ ~ ' ~; `...m:' .. EIS :. .... .. :~ ~ ~ ~ ~. L ~. . ~;! : .. _~ , :, ~~~:: M II /~ ~s . ~: ~`~1 (Al n C ~L. 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 •~r• `S,~ ~~ ~ ~ ~ ~~~ ,~ ~ R - .-, . - ~~ } '> ~ r ~'~- ".`~ r-r ~ ` ~.t~ /.~ ,r'~ ~ 'r k. 1 ~~ ,~ r.. ,. 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~~ ~ ~'Y ~L o,~ 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 '~ 'i t 'e „ ~. ,:;- , ~~~ \4 ~ t~ . ~ . ,4~,. 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) M a1 t~l N 8 N N~, 7 v 0!1 a aa •a"I. 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E: D N ~ a ,~ = Z o D 3 c 3 T~ = c Q a D O h s ~;_ y c N a 0 3 ~ o o~ ~ D`~ ~~~c F' Q.o~£v aa° ~ 3~ m ~ ..tea ~=r ~ ~ ~' s ~, ~~ k ~' L Q-c~'c ~• ,- ~ ~ o" ~ ~~a=~ " ~ "' m~a3 D Qom ~;~t o,~~a ~ ~ ~ ~ ad o `3•~~•0 ~ a m~ ~ u 41 7 ~ ~ O. ~ D C V .~ vi t D) ° ° t ~ ~ } O c w O ~ vs oa ouu ~ E ~~~ ° ~ dQ... a: o ~~ o t o c $ v~~ o fl-a:c~ a ; ~,~ ,~ ~~=~ Q o~~ N .~ ~ 3 0 o u d~~ o a 'o = ~ o •y m a ay Q dC73 >~ Q a•., «. c c D t ~ A N N c~ 0 0 .> o •, c a °.c °;~'~0 ~ y. D~ D •~ ~'L"~ D aOr-D `°~ D Ds v~ ~ m a a=`° 9>~~ a } } d O D~ L d c c ~ ~ ~~ y E O O O ~-1 y~ as G 8t ~ C p.SC •~ ~ v,C~tga~ u >~~ Du,i DO D~tl~vs~ «~.a~ ~ ~._ Q. ... Nv~ IIJ 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 Q u: 0 t~ z W W `2 Z O N N O V C7 Z Z 0 N o~ Z Z Z a a N Z Z Y = ~ w ~ ~ Y ~ U ~ o o o a ~ m W c~ z c~ ~ c~ ~~ ~~m~~~ z Z Z Y = Q Y ~ U ^ C7 Y } ?3 w aC O D U oC oc O 0 0 Q .~ m w C7 Z C~ ~ i7 N Z z ~L = ~ w 0 Y ~ 0 C O U oC 0 0 0 a ~ m ~ c~ z c~ ~ ca c~ ~. ~ ~ ~ ~. ~- N ~ z D O Z Y = ~ 0 ~ q ~ ~ w 0 C V U o~ m o o o Q ~ m ~ c~ z c~ ~ c~ ~~~~~~ N Z z ~ = a ~} ?~ w ~ ~ U U o~ m o o o a ~ m ~.,., c~ z o ~ c~ ~h~~ ~~m z Z Y = ~ w O ~ Y } U 0 C pC 0 0 0 Q J m u., c~ z c~ ~ ta 1