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HomeMy WebLinkAbout2002-07-10 Planning & Zoning PacketCOMMISSION CHAIR REPORT July 10, 2002 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD AT: i2h-Letter from Mayor Williams accepting Commissioner STAFF Erwin's resignation. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 10, 2002 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. *APPROVAL OF MINUTES: a, *June 26, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ02-37-An application for an encroachment permit for side setbacks far the property described as Lot 3, James Subdivision (506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, AIaska, b. PZ02-39-An application for a variance from the Development Requirements for afive- foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 {40b South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1b13, Kenai, Alaska. c. PZ02-40-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the recreation zone be changed by amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Developments Requirements Table) and 14.22,010 (Land Use Table} 1} to allow lodges and bunkhouses as principal permitted uses; 2) to not allow four or more family dwellings as either principal permitted or conditional use; 3) allowing retail businesses as a secondary use in certain cases; and 4) changing minimum lot requirements. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: Planning & Zoning Comiriission Agenda 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -June 25, 2002 13. COMMISSION COMMENTS & QUESTIONS: Page 2 July 10, 2002 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 26, 2002 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. *APPROVAL OF MINUTES: a. *June 12, 2002 3. SCHEDULED PUBLIC COMMENT: 4. PUBLIC HEARINGS: a. PZ02-26-A resolution of the Kenai Planning and Zoning Commission recommending to the Council of the City of Kenai, naming an unnamed existing street. Recommended name Gee Bee Avenue. b. PZ02-34-An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 17S (1515 Lawton Drive}, Kenai, Alaska. Application submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. c. PZ02-36-An application to amend Conditional Use Permit PZ99-O1 to include outdoor recreational activities far the property known as 9775 Kenai Spur Highway (That portion of the W %Z SW 1/4 SE %4 lying S of the Kenai Spur Road ROW excluding leased portion per agreement 559 @ 796), Kenai, Alaska. This is the site of the City of Kenai's Multipurpose Facility. Application submitted by the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska. 5. CONSIDERATION OF PLATS: a. PZ02-35~-~-Stecella Subdivision (A subdivision of Government Lot 178) b. PZ02-38-Valhalla Heights Subdivision -Frank Addition 6. OLD BUSINESS: a. Draft amendment to Recreation Zane -Discussion 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS; a. "Zoning Bulletin" -May 25, 2002 & June 10, 2002 13. COMMISSION COMMENTS & QUESTIONS: 1~4. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 26, 2002 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7:01 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners Present: Bryson, Goecke, Nord, Osborne, and Glick Commissioners Absent: Erwin and Tunseth Others Present: City Planner Kebschull, Public Works Manager La Shot, Building Official Springer, City Clerk Freas and Councilman Bannock 1-b. Agenda Approval The following items were requested to be added to the agenda: ADD AT: 4-c, Condition Use Permit PZ02-36 -- Memorandum noting unanimous support by Parks and Recreation Commission at their special meeting of June 25, 2002. MOTION: Commissioner Bryson MOVED to approve the agenda with the addition as listed and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda The following item was requested to be added to the consent agenda: CHANGE TO: Item 2, Approval of Minutes -- June 12, 2002 Insert at: Page 3, immediately at~ter opening comments of Barbara Waters and before the vote. Goecke: Ok. Anybody else wishing to speak to this item? Close public hearing at this tune. Staff, anything additional? Kebschull: Just for clarification would like to Iet the commission understand we did confer with the City Attorney in this case and he recommended amending the conditional use permit to include this lot rather than pursue an off-premise sign because we would rather not go in that direction. The current permit is active right now for two lots and she could expand her construction onto that second lot if she met the building code requirements for the use right now. For further clarification, she will have to come and get a sign permit and they have advised that they do not plan to put a larger than 32 square foot sign that is allowed although they do have a new sign and they might be able to answer questions about that. Goecke: Ok. Thank you. Bring it back to the Commissioners. Bryson: One question, I may have missed it, misunderstood some of the testimony but the proposal is to put the sign on Lot 6 and there is no right-of-way that is proposed....is there a frontage road in front of this parcel, separate from the DOT right-of-way? Kebschull: Not that I'm aware of. MOTION: Commissioner Bryson MOVED to approve the consent agenda with the addition to the minutes as stated and Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- June 12, 2002 Amended and approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: PUBLIC HEARING 4-a. PZ02-26-~-A resolution of the Kenai Planning and Zoning Commission recommending to the Council of the City of Kenai, naming an unnamed existing street. Recommended name Gee Bee Avenue. MOTION: Commissioner Glick MOVED for approval of PZ02-26 and Commissioner Bryson SECONDED the motion. There were no public comments. KebschuIl reminded the Commission they had seen the item several times and it was a result of a plat being approved, FBO Subdivision No. 7, leaving a parcel without an address in an unnamed right-of--way. The Airport Commission proposed and recommended the name "Gee Bee Way." Kebschull added, the date on the resolution included in the packet, needed to be corrected to "26th day of June" instead of the "12th day of June." Kebschull also noted the street name was selected as it is the name of a small airplane. PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 2 VOTE: B son: Yes Erwin: Absent Goecke: Yes Nord: Yes Osborne: Yes Tunseth: Yes Glick: Yes MOTION PASSED UNANIMOUSLY. MOTION: 4-b. PZ02-34~An application far a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 (151 S Lawton Drive), Kenai, Alaska. Application submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. MOTION: Commissioner Osborne MOVED for approval of Resolution PZ02-34 and Commissioner Nord SECONDED the motion. Goecke opened the floor to public hearing and noted each person speaking would be given five minutes in which to make their comments. Verbatim: Steven A. Richard: My name is Steven A. Richard. My wife Cecelia and I are the ones that are wanting to subdivide this property. I've got some plots here for, if it would be okay if I give a few out if anybody is interested in looking at them. What we've got is a two and one-half acre tract that I had proposed to subdivide and there will be three lots that are directly across the street from the Kenai Golf Course there. Goecke: Just a second (pause). Go ahead. I'm sorry. Richard: They're a, they will be 10,000 square feet, the three lots will have road frontage and it's our intent to bring water and sewer into them if this is approved. That whole neighborhood has changed since the golf course has went in and there's a proposal, possibly this year, to, we'll see across the road and just down a little ways some triplexes and townhouses. I think Anderson Construction might be doing that. PLANNING 8v ZONING COMMISSION JUNE 26, 2002 PAGE 3 So, based on all that, and there'll be black-topping road, and it's just not going to be the same area that it used to be, so we're going to subdivide, we're pretty much up against it right now, while they're in there doing all the dirt work and everything, rather than going back two years from now, tearing up blacktop and added expense. That's pretty much it in a nutshell. We just showed up here in. case anybody had any questions. Goecke: Okay. Anybody else wishing to speak to this item? Brad Zubeck: My Warne is Brad Zubeck. I live at 102 Highbush. A neighbor of Steve's. I'd like to speak in opposition to the variance. Steve's my neighbor and a friend of mine and I understand he'd like to subdivide his property and get the development or the platting done before, and improvements done, before the road gets paved. And I understand his, his desire to subdivide and maximize his gain possibly from three lots on the property. My recommendation, what I'd like to see is just maybe just two lots that would front the road there, Lawton Drive. I think it would probably be, my interest is in protecting the value of my home. A larger size lot would, would probably sell for higher value and probably attract a larger home. If we have the 10,000 square foot lots approved, in all likelihood, my lot, now that you may or may not be familiar with it, is a little over 12,000 square feet and it's a little smaller. I wish I had a larger lot. So, my suggestion, my hope is that we could convince, not ask him personally to do that, but of course, I understand his interest in, he'd like to have a 10,000 square foot lots approved. I'd like to see it go to two lots. That's my request. To maintain property values. To encourage larger size dwellings to be built in the area instead of three smaller ones. I do understand his concern and I'm concerned also with the, the development of triplexes on the property the city sold to SAC Services. I'd like to, that's a different issue, but I do understand there will be development in the area. There will be quite a few more families in the area, so, that may not seem like there're few more homes, but my hope is that we would have larger sized lots in the area and a less dense development in terms of families. Any questions for rne? Goecke: Mr. Bryson. Bryson: Ah, Mr. Zubeck, what is the distance from your lot to a... Zubeck: Approximately 100 and, the next lot over to me has 134 feet of frontage and there's aright-of--way, the street is called, you've probably got, I can't remember the name of the street there...help me... Kebschull: Glacier Street. PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 4 Zubeck: ...Glacier Street, yes. Bryson: You're lots sided on...Lot 3 of Park Subdivision? Zubeck: Actually Lot 4 of Parks Subdivision. Bryson: You are Lot 4... Zubeck; Lot 4, yes. So there's Lot 3 and the right-of-way for Glacier... Bryson: Lots 1, 2, and 3 of Park Subdivision around the same size as yours? Zubeck: Yes. Bryson: No more questions. Zubeck: As I said, my hope is just for larger sized lots in the area to attract or encourage larger size homes that would increase property values which would be in my best interest and I understand Steve's interest is the more lots, the more bang for your buck there for value. So... Goecke: Okay, thank you. Zubeck: Thank you. Goecke: Anyone else wishing to speak to this item? At this time we'll close the public hearing and bring it back. Staff, anything additional? Kebschull: Nothing additional, unless you have questions. Bryson: My question is in general. Are there other lots that are subdivided down to ten to 12,000 square foot size in the area in addition to Parks Subdivision? Kebschull: The golf course lots are actually fairly large. I think I checked and they're between 17 and 19,000 and I can't see the znap from here, so, I'm not sure. If you want me to take a quick look, I can run over there. Bryson: No, 1 just wanted a relative impact on the north side of Lawton... (inaudible) ...development. Kebschull: Across from, well, directly down, as you go down Lawton from the subdivision Mr. Zubeck lives in, is a government lot and then down from that is Terra B Subdivision that has four lots that front Lawton and I can't, they have been subdivided. I don't have sizes, but they're not, they look to be maybe a little bit larger PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 5 than Parks Subdivision, and then past that, Day Subdivision, has also been subdivided down from a government lot. So there has been subdivisions done in the past down there, prior to my term. Bryson: Okay it's four, it's four lots out a 2'/Z acre cut? Kebschull: I can't tell. Would you like to see the map I'm looking at? Goecke: Okay, anybody else? VOTE: Goecke: Yes Nord: Yes Osborne: Yes Tunseth: Absent Glick: Yes B son: Yes Erwin: Absent MOTION PASSED UNANIMOUSLY. Goecke noted, anyone wishing appeal the decision could do so to the City Clerk within 15 days of the action. 4-c. PZ02-3fi An application to amend Conditional Use Permit PZ99-O1 to include outdoor recreational activities for the property known as 9775 Kenai Spur Highway (That portion of the W 1/~ SW 1/4 SE 1/4 lying S of the Kenai, Spur Road ROW excluding leased portion per agreement 559 @ 795), Kenai, Alaska. This is the site of the City of Kenai's Multipurpose Facility. Application submitted by the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska. MOTION: Commissioner Nord MOVED to approve PZ02-35 and Commissioner Bryson SECONDED the motion. The item was opened to public hearing. Verbatim: Dave Fandel: Members of the Zoning Commission, chairman, my name is Dave Fandel. I live at 702 Lawton Drive and I live directly across Lawton from the three- sided multipurpose building that's in there currently. I'm coming to you to seek same relief from the current situation as it stands right now and I have brought with you my attempts to, and actually, the people who live in the very vicinity of this building, some sort of explanation of why we are in opposition to this. Okay. It's not that we don't PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 6 think the facility should be used, it's just the current write-up of this doesn't provide for any sort of management of the facility whatsoever. It provides no time limits, no guidelines, no supervision, and it makes it very difficult to live across the street from this. Currently, there's a skateboard ramp which is all metal construction which has been placed on the outside of this building. It has been for over a month and I have personally gone in a talked to Bob Frates about this and our conversation basically went from pleasant to heated to fishing to heated to pleasant and then I left and I got basically, no where because I'rn up from seven o'clock in the morning sometimes, kids are out there skating on this thing until anywhere, I've called the police as late as three, two-forty in the morning. So, it's a constant slamming, banging, banging, slamming and the result that I got from going to the parks was they said they were going to weld this thing, because they said it was loose and that's what's causing all this banging. Well, they did weld it and I commend them for that, but it's more of a maintenance issue that solving the problem. Anytime you take something hard and slam it on steel, it's going to make a loud noise. Now, I've lived there, in that particular house, since 76 and it's a quiet residential neighborhood and this kind of activity going on that's not monitored, has no time and is so loud, is very, very obtrusive to anything, I mean, I can't even sit out in my front yard because the noise is bone-scattering. I mean, it's, it's just, it's obnoxious beyond belief. We have noted increase in traffic, probably twice the traffic now running up and down the streets. Loud stereos, kids screaming and hollering. I've been picking up beer bottles every Sunday morning out of my yard for the last three weekends and in the entire time that I've lived at that residence, I have had to pick up zero beer bottles until the last three weekends since that thing has been put in place. There's twenty-four hours of daylight here. The kids use it twenty-four hours. I am not opposed to them having a skateboard park. I teach middle school. Lots of my kids skateboard. They're not bad kids. I'm nat opposed to that. I'm opposed to being right across the street from a residential neighborhood as are the neighbors who have signed this. They're very opposed to having it there because of the sound. The noise. It's, it's deafening and it goes on all night. Now, with this proposal, they're asking to expand this and they're asking to include other activities. I've gone in and I've tried to ask the right people, the parks, Linda Snow, and I've tried to say, "Hey look, can you help us with this? Can you do something with this problem?" Well, I basically got nothing. They said you're going to have to go to this meeting and you're going to have to oppose this and that's the only thing you can do other than call the police. Now, it is very frustrating for me to have to police something that I didn't put there to begin with. I mean, I didn't oppose the three-sided building when it was put in. I didn't oppose the Challenger Center when they put that in. I didn't even appose the sign that everybody got so upset about. I don't care. It's no big deal to me. But this, PLANNING 8v ZONING COMMISSION JUNE 26, 2002 PAGE 7 this outside use of this facility, the way it is being conducted right now, is dead wrong and it's horrible to live with. It's not livable. You can't live with it. I mean, I listen to this stuff like I said, until the wee early mornings of the hour and if I want to sleep, I either have to call the police or I have to wear earplugs and that's pretty much the same with my neighbors and if you look at the map on the back side of this letter that was sent to rne, the residents in Lawton Drive and Inlet View that are probably within hearing range of those, lot owners one, two, three, four, five, six, seven, on the right- hand side, all signed this petition. Lot owner one abstained because he wasn't really sure what was going on. Lot owner two on the left-hand side, signed it. Three was on vacation. Four was at work opposite my schedule so I could never get a-hold of him. Lot owner five has signed it. Lot owner six was opposed to it as it's being run right now, but not apposed to the kids having a skateboard park. Goecke: You have five seconds. Fandel: Okay. I'rn just asking for a little relief. Thank-you. Goecke: Okay. Anyone else wishing to speak to this item? Irene Fandel: My name is Irene Fandel and I live at 702 Lawton Drive. David pretty much said everything that I would have said except for the fact that my very first time before the honorable city council was back in February in 19$3 at which time I requested a B&B permit. Received one and consequently became the very first bed and breakfast on the Kenai Peninsula. I have had a really nice long stay there but recently several projects have been built across the Lawton Drive from us. Every time one of these projects were going to be built, Ireceived awell-informed certified letter from the city telling us exactly what was going to happen and all about it. We received no notification about the ramps being put there. In fact, far the first two weeks, the neighborhood, a few of them asking me how I was standing the noise from the construction, we all thought it was construction going on there again which is fine. At that time, I took a good look and that's when I noticed it wasn't construction. Now, I have not objected, like David says to any of the Challenger Center or the three- sided multipurpose building or the sign. The sign's great. I tell my customers, "Go to the sign, turn left." I don't have a problem with it. We have not opposed any of these. When the skateboard ramp came on line, the noise volume was unbearable all day Iong and beyond midnight from the use of it. But that's not ail of it. Add to that the screaming, which the kids are having fun; the boom-boxes over there; cars at night stopping to shout back and forth to the kids with their radios booming that long ba- boorn-ba-boom sound. The noise is the first problem, which causes us not to have PLANNING & ZONING COMMISSION JUNE 26, 2042 PAGE 8 sleep, the language, I don't know how anyone could feasibly sit on a front porch and listen to it. I feel the skateboard is a needed thing. I just feel it's been put in the wrong area. I don't think the residential area is a place to put it. There are several places in the community that I know. Not several, a couple that I know that I would recommend which I'm not, not going into that issue. I'm speaking as a business person. My guests will never be able to sleep. They go to bed early in the evening. They rise early in the morning. Igo to bed at eight-thirty at night. I'm not going to get any sleep. It's a nuisance for me. I'd like for you to reconsider this. Thank you. Goecke: Anyone else wanting to speak to this item? Herman Fandel: My name is Herman Fandel. I live at 702 Lawton Drive and my family and I are owners of two businesses: Irene's Lodge and Alaska Guides. Most of the guide business comes from the people who stay at Irene's Lodge. So we've got a two-fold interest in that building -- well athree-fold, we also live there. I don't know that we've ever had any problem there until the, the skateboard situation came about, but Iet me pass some information on to you that I know because I'rn there first hand. I'm out in the yard a lot. When we go out of the house on the porch tonight, Irene reached back to turn the lock on the door, we had wham-wham from right across the street. You can't just drive over there and realize what this, this boom, this noisy whatever- it's-called skateboard apparatus. You got to be there when the noise is there and you may go a minute or two or five minutes and you drive away, bam, barn, bam. There's kids, there's kids that have got very proficient on it going way in the air, coming down and making a hell of a slamming sound. Bicycles on it going way in the air, corning down. Twice we have witnessed motorcycles going on it. I have never witnessed anybody that's, there's no supervision as far anything I've seen. The kids just run wild with it. Now, now let me just go over a few points what we've found. It's increased the teenage foot traffic in the area of Lawton and Rogers and, and it increased greatly this bicycle, the bicycle traffic. Today I counted seven bicycles with young kids right along Lawton Drive as I came home, just, just today. I mean, just at the same time. A few nights ago, and I called the police about this, four teenagers walking east on Lawton Drive, shooting with slingshots, rocks that were hitting the metal, the metal building there, the hockey rink, and they were hitting the metal ramps there that the, of the skateboard thing. I called the police about it. I assume they went out and checked on it, but this is a dangerous situation. Four kids, four or five, shooting slingshots from Lawton into that area. PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 9 This is a bad area for one thing. When kids are in sight, and I've got a lot of experience. I sponsored one Boys Club in Las Vegas with a membership of about three hundred, another Boys Club in San Bernadino, California, I sponsored them for my professional boxing career, paid everything and that one in California had about 400 membership, so I've got a lot of experience for kids. Besides I was raised at 15 and raised four of our own. Kids will be kids and in that location, it's very bad. They're hid in behind the hockey rink. They're hid behind the space building, whatever the proper name is. The high school blocks view from the other side. There's timber in various areas and when they're in there, it's so blocked, that I thought it was a construction project for several days. We were doing work as our season comes on and I'm out in the yard a lot. I also know that a neighbor lady talked to my wife and commented something about when are they, when's the construction project going to be done, or the construction work. That's what I thought it was. Then when I found out it was this, this skateboard ramp, why we started looking a little bit closer into it. One thing that I'm concerned about too and that is, that, that, this is spawning, this is a spawning ground for trouble with no supervision and the basic age of the kids that are going or the people going there, it's a perfect site that's being developed for vandalism. The police will have a number of reports of vandalism in that area. I was hoping one of the officers would be here tonight. Teenage drinking... Goecke: Fifteen seconds. Fandel: ...(inaudible)...all kinds of things that come out of there. Anyway, winding up here, it needs to be moved. We're asking you that it be moved. That, that would solve the noise problem and a lot of other problems that seem to be developing there. Thank you. Goecke: Anyone else wishing to speak to this item? Again, you have five minutes. State your name, sign in, and your address please. Leah Stanford -- Hi, my name is Leah Stanford and I live on 430 Rogers Road. If you look on the map, I'm the fourth block, the fourth parcel of land, and I'm the one who asked when the construction was going to get over with and I can only imagine what it sounds like at their house cause I know what it sounds like at my house. And, with all of my windows shut in my house, it sounds like a huge, huge garbage container that somebody's taken and, and just smacking down. And I guess, I'rn coming here with same concerns and some questions and the questions I have is that, from what I understand, I was wondering why it got moved from the Kenai Rec. Center to this location and the other concern is that I have is whose liability is it when somebody falls out there and gets hurt and it is in such an isolated place because many times PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 10 I've seen individuals over there on the skateboard and on their bicycles and they're all by themselves, you know, I mean, sometimes it's a gathering of places, but I've gone, as I've driven home from work or walking in the evening, I'll look over there and it might be one individual, and, 1 mean, I've watched on T.V. and seen some skateboarders and they do some kind of radical, you know, kind of high-risk sorts of things and so, my question is this, is that if somebody falls and gets hurt and nobody's around, whose liable for that? And, as far as our neighborhood? I've talked to several of the neighbors that aren't here this evening and they have little children and their concern was the, it's not just the traffic, it's how fast the traffic goes. We have a section there that has a corner, and right on their corner, there's toddlers that Iive there and it's, it's real fast. I've heard that racket out there at one-two o'clock in the morning. I've called the police and the only thing that they can tell me sometimes is, you know, we're a low priority. That they've got other things that they're attending to and as soon as they can tend to it, they'll get over there. And they, you know, as I've called them several different times, they've told me I wasn't the very first one that called that night. So, I really want, I guess my real big concern is that this isn't the appropriate place for it and I can, I can just, you know, ditto on everything that they're saying. You know, it was Iike, okay, the, the center was coming and that's great and, you know, I've had two girls and have one that's in Kenai High School right now, and I support all the athletic things --Igo to all the rallies, but this is just the, it's an inappropriate place for this, this sort of facility and I think that there's a huge liability. And, and I can't help but think, you guys, that, you know, a couple years ago there was a young man on a bicycle at four o'clock in the morning. I mean, it's just a bad place for no supervision that time of night and getting as crazy as they are over there. That's it. Goecke: Okay, anybody else? Bob Stanford: Good evening ladies and gentlemen. My name is Bob Stanford and I live at 430 Rogers Road and I want to start this out, 1 don't believe, I don't believe these are bad kids or anything and I do believe there's a purpose and there's a need for, for this, but when it's one-thirty in the morning and you can't get to sleep, I don't feel it's an appropriate place. Now, I first moved to Kenai in '66 and there wasn't a whole Iot going on in '6b in Kenai and so I know that there's a need for an outlet for young people. You know, these are good kids, I'm sure, but they make way too much noise over there and I just don't feel it's an appropriate place for it. So if you could reconsider this, I'd appreciate it. I know, I'll sweep it with a broad brush, but I don't any of you would like to live next to what we live next to so please consider that. Thank you. Goecke: Okay, anybody else wishing to speak to this item? PLANNING 8v ZONING COMMISSION JUNE 26, 2002 PAGE 11 Bill Osborn: Yes, good evening to you. I'm Bill Osborn. I Iive at 423 Rogers Road. I've lived in that neighborhood since 19b9. That's one of the older neighborhoods in the City of Kenai there. Up until this time, we've had a neighborhood that we're all proud of. We try to keep our lawns looking good. We try to keep our homes looking good and then to have this live in to, or move into the middle of our neighborhood out there, I would ask each one of you to consider decision about this tonight here because and two, would each of you like something across the street you're in or your immediate neighborhood like we going to have to live with out there if this passes. And 1 agree with what some of the other people have said here: We all agree that the kids need a place to practice their activities. As Mr. Fandel said there, I've worked with kids a lot throughout my life and I enjoy working with the kids, but this is something here that's really upset the neighborhood out there. A lot of people didn't come tonight. They figured they had enough representation with the ones that was going to come down here that maybe we could express our views to each one of you out there. So, just, with the increased traffic and the garbage that's out there, I'll this on behalf of the Fandel's, as long as they've had that business out there, you never see a piece of paper or anything on that lawn. You never hear any racket. They have their activities in the afternoon as far as their barbecues and stuff, but you can walk by there and you can't hear any activity of any kind from what those people do. So, I commend them for the operation they run out there. Never had a problem with them in any way. So I'd like to thank you for your time and please reconsider. Thank you. Gaecke: Anybody else wishing to speak to this item? Okay. I remind you, you have five minutes for your testimony and sign in, state your name and address for the record please. Bean Lacey: My name is Bean Lacey and these folks all have a problem with the little park being there given it's noisy and like they said, the kids need some place to do their business, have their fun, be silly, whatever. Some of the reasons they've all come up with are very valid, very true, but then they start wobbling quite a bit and they start getting off to other things here that kind of are something to complain about. Fair deal. You know there's always something to complain about something in everything you do. If, if we do move this skate park and we put it someplace else, whatever, please do put it someplace. Wherever it does get moved, if it does get moved, give 'em, give 'em that little bit of something to play on, their ramps, their toys, whatever it is. Someplace, put one someplace. If it stays there, well okay. A suggestion, you know, to knock the noise down thing, since the noise is the primary thing that comes out of what i've heard, is, you know, the back of the ramps, if you spray them ramps with urethane, it'll knock a lot of the sound down with just a deadening urethane foam. How much decibels it will lower, I don't know, but it lowers it a lot because there's no vibration once that urethane's sprayed on it. But, but, the big thing, do give the kids some place to go. If, if it stays there, good, you know, that's fine. I don't live in the neighborhood where these folks so I can't really do any complaining with them on the sounds and stuff. Some of the supervision things, at PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 12 times there's a number of parents over there that goof off, watch their kids da their thing, so there's that little teeny bit of supervision for that one, two, three kids that are there, but the rest of the kids don't have mom or dad's or anyone there. They're doing it themselves Iike, like they say. But, if it comes to worse to worse, and it does get moved to wherever it goes, please, please move it instead of just eliminate it so that the kids do have someplace to ga. That's the biggest thing there. It's a, just try to keep it for them someplace. That's all I got to say. Thanks. Goecke: Okay, anybody else wishing to speak to this item? Debbie Sonberg: Hi, Debbie Sonberg, 410 Cinderella Street, Kenai and I'm fully in support of a skateboard park and having that type of activity for the kids and I understand the neighbors' concerns. I have a feeling that if I lived right across the street, I would be up here telling you about the noise. I, I live in the general vicinity. I think that in general nature, the skateboard park is suitable to that area because there's a lot of other outdoor recreation that goes on there and the three-sided facility doesn't curb all of the noise from big activities. I can see where the banging is kind of a different issue. I think facilities like this should be near enough to a neighborhood that the kids can ride their bikes to a facility, not always having to be driven across fawn. Let's see, we're on the east side of town and there aren't any general used parks available to us like there are on the west side. So, in general, the overall idea, I think, is great. I think there needs to be mare supervision like has been mentioned. Maybe, I understand there's a sign there. I was by there today. I didn't actually see it. Rules should be clear pasted, large enough so people can read having hours pasted. I think there's ways that noise could be mitigated. I can't say what, what all might do that, but there are several ways that could be cut down. The permit, or the conditional use permit that's being requested isn't specifically for a skateboard park, so I think you need to kind of separate the two issues. It's for outdoor use and you might approve outdoor use with certain qualmscations. When there are events that would even be inside the facility, there are still vendors, barbecues, things that could go on in the parking lot area that would be this outside use that's being requested as a permit. So there are two separate issues going on here: skateboard and the outdoor use conditional use permit that's before you. Our kids really need places to go, things to do. One business person told me that she has not had skateboarders going by her, her business, jumping off their ramps since the skateboard park was put up this summer. In year's past, I think even when it was aver at the Rec. Center, she had more of that. At the Rec. Center it was crowded and cramped and less safe for the kids. So it has provided some more benefits for the kids where it is now where it couldn't in its previous location and I was wishing Mrs. Fandel would have, you said you had a couple ideas for other locations and I was wishing you would have mentioned those because I, I'm trying to think, how can we provide a place for the kids close enough for them to get to without crossing the PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 13 highway or having safe crosses for the highway. I don't know where those might be, but I think that needs to be discussed as well. So there are lots of things before that could be used at this facility and being outside of those three walls, we, we stretch outside of there with everything we do, I think. So, I'd like you to consider the permit for what is being requested and then consider the skateboard park as a separate issue. I do have a letter from another resident on Lawton irx support of the skateboard park that I would like to leave with the Clerk to, to read into the record. (letter submitted to Clerk Freas, who read it into the record) Clerk Freas; The letter is from Gina M. Kiel, P.O. Box 3444, Kenai, Alaska, 99611 to whom it may concern. This letter is in regards to the portable skateboard park that is currently being used in front of the multi-use facility on the corner of Lawton and Rogers Road in Kenai. As a resident in the neighborhood where the facilities are located (404 Lawton), I would just like to state that I am in favor of keeping the skateboard park where it is. I haven't noticed any negative traffic or noise as a result of these facilities being used and I love having my stepson who is 12 be able to ride his bike and skateboard so close to home. On a separate note, as a business owner (Halcyon Spalon) I appreciate that there has been only one time that bicycle riders have used by sidewalk as a ramp and jump. Sincerely, Gina M. Kiel. Goecke: Okay, anybody else wishing to speak to this item? Tim Wisniewsk3: My name's Tim Wisniewski. I live at 5839 Kenai Spur Highway. I'm somewhat representing the Parks 8v Rec. Commission. I am the chairman. We did meet last night and we, through unanimous consent, supported the skateboard park in that area to remain as is and try to work this situation out if need be. We, we have, I guess, the privilege of seeing, probably the brighter side of what is happening there. I think maybe, maybe the word progress might be the ward. I think with progress a lot of things happen good and bad. Kids have been receptive to it. Parents have been receptive to this park. I personally have visited the park and, and I'm not sure what the noise level is, but I've been there all different times of night and I haven't really experienced that and I've, actually I've spent maybe a few hours there at one time after eleven o'clock and there were about five skateboarders there. So, I didn't really see. I heard them going up and down the ramp and no banging. 1 don't know. I, I think, like I mentioned, progress in our community, we have to give and take. I'm surprised nobody says anything about, in the neighborhood, that says PLANNING 8v ZONING COMMISSION JUNE 26, 2002 PAGE 14 about the loudspeakers over at ballpark for the last, you known, twenty-same years, you know and that's progress. We're happy to have a ballpark... Voice: We don't hear them... Wisniewski: Pardon me?... Bryson: Point of order. Goecke: We got ah, not while he's speaking. Wisniewski: But I'rn not, I'rn not trying to be negative, but I'm just saying that we're, we're in an area where we have, we have a baseball paxk, we have a high school, we have a middle school, we have a, we have a Boys & Girls Club soccer to the tune of $00 children. This, this area is just a popular, popular area and this was our decision. It's an area that, that is accessible and, and we put all these activities together -- there's parks, there's golf carts, golf course, there's, there's walking trails, and things like that. So, in no means, you know, are we trying to make life miserable for anybody, but we're, we're trying to just promote our community, promote activities within our community and, and we just want to co-exist and I would like some sort of way to meet in the middle on this and, but like I said, like I told the Commission last night, I says I wish I could go out and fill those little washboard things in front of the highway that they put in because I live right on the highway, but I guess, then again, there's progress you know, and, and it's just something I have to live with at this point and, like I said, we're, we're, we're not on this commission to, you know, we thought it was a good decision to change the park from where it was because of the space availability, give the kids a little chance to kind of have a little more room to ride their bikes and I think I kind of opened it up a little bit to where you didn't have these cliques. You had these kids that weren't penned in and when a certain group was in there, everybody would co-exist in it. So, this is what we're trying to accomplish. So, you know, if at some paint, wherever this leads to, I think, this is what we need to have is some sort of cooperation. Thank you. Goecke: Anybody else wishing to speak to this item? Ms. Fandel, this not normal, but you asked, you raised your hand, asked a question. I'rn going to let you ask that question. Fandel: May I give my suggest~ans? Goecke: Yes, but you need to come to the mike to do it. Fandel: Do i sign in again? Goecke: No. PLANNING 8s ZONING COMMISSION JUNE 26, 2002 PAGE 1 S Fandel: I was going to give my suggestions but then I thought well, I might be dictating and I didn't want to do that. But now I want to dictate. The first suggestion I would have, now that we have athree-sided hockey place, they have an old hockey rink right next to the high school where the old tennis courts are next to the soccer field and the football field. Why can't we put one from the other? Put the hockey there and put the skateboarders where the old hockey rink was. That was my first thought. My second thought is the ballpark across the highway which is park area. It's in there were tent, where people can pitch tents. There's a little, I mean, it's just out Rogers Road to the highway, when you turn left there's that little ballpark. That's the second one I had thought af. It keeps it in the area. However, we kind of segregated Wildwood area kids from putting this park or skateboards where they are and now it's too far for them to come. So the other suggestion I thought about was Kenai Park, I don't know what other name to say it. it's right next to the building where, across the street from old Nordstrom's used to be that shopping center where we have Kenai River day and where kids have their play toys are already up there...I got a mosquito... so that was my third place. And these are the suggestions. And the other thing I wanted to make a comment, I had a phone call from Mr. Hultberg tonight and he said he didn't unanimously consent to having it. He said he opposed it so I don't know where the unanimous on the board there. So anyway... Goecke: Okay. Thank you. The public hearing is...she had the...somebody asked them where these places was going to be and that was the reason for her to come up. So, at this point in time, if there's anybody else wish to speak to this item in the public? Okay. Seeing... Wisniewski: Do I have to sign anything? Goecke: No, you had your time. Wisniewski: I just wanted to, just re-answer Mrs. Fandel's question. Fandel: I didn't have a question. It was my suggestion. Wisniewski: No, no, can I just mention something about... Bryson: She, she made a comment concerning Mr.... PLANNING & ZONING COMMISSION JUNE 26, 2Q02 PAGE 16 Wisniewski: Mr. Hultberg? I wouldn't speak far anybody, but he wasn't at the meeting last night so that was our quorum far unanimous consent. Goecke: Okay. Okay. At this point in time I'm going to close public hearing and bring it back. Staff? Kebschull: I want to reiterate what Mrs. Sonberg was, stated, is that the issue is that the, the requested amendment to this conditional use permit is to include outdoor use. Skateboard park may be one of those uses, but it's important that you separate that issue from the whole modification of the permit. Goecke: Okay, bring it back to the commissioners. Mr. Bryson. Bryson: Yes, yes I guess I'Ii first dwell on my own experience with a situations with experience that can approach this. For the first 26 years of my life, I lived immediately across the street from an athletic field that during non-school hours was totally unsupervised and it had screaming, thumping, arguments, and I'm sure it has skateboards now. Maybe I carne from a different perspective, but I, I never remember any complaints that were, that went to the civic authorities concerning the activities. Specific to this situation, the area is athletic and it's, it's reasonable that type of activity should occur there. The council will always have the ability to discontinue the activities, at least the skateboard activities at any time they want to if it becomes an noxious situation. Lawton Street is a minor arterial connecting neighborhoods and will always carry, hopefully, bikes, pedestrians, automobiles and it's appropriate that it should and that to me, that's the place they should be, not worrying about that it's the traffic of those activities has increased because there's an activity at a certain location. So, I'll be supporting the motion as presented. Glick: Mr. Chair.. Goecke: Mr. Glick. Glick: Yes, I certainly understand the noise aspect. I live on a street that's fairly busy with kids on bicycles and people in general, skateboards and roller blades and kids that are running around at night with boom boxes in the middle of the night. I don't understand what they're doing out at two and three in the morning because sometimes the boom boxes are so loud they rattle our windows, but, so I certainly understand where they're coming from in that if you were at a place where the kinds were there all the time, there would be a lot more of that kind of thing going on. So I understand the noise problem. Goecke: Okay. Mr. Osborne. PLANNING 8s ZONING COMMISSION JUNE 26, 2002 PAGE 17 Osborne: Mr. Chairman. I understand kids need places to play. I come from a big city. Los Angeles to be exact. To be more specific, I was raised in Watts so I know what, what it's like to have to have some place to play. The kids have a problem and then again they don't. It's their parents that have the problem for allowing kids to be out after ten o'clock at night. Especially having boom boxes and all this kind of stuff, creating noises. It's the parents that should somehow be held responsible for that. I would hate to have to see some kind of a curfew have to go in, but there's really no need for kids to be out past ten o'clock at night. And then., my next question is, why was it moved from the Rec. Center where it used to be? Goecke: Mrs. Nord. Nord: Thank-you Mr. Chairman. While I sympathize with them with that noise problem, also I feel that this is an appropriate area for this type of activity and I don`t know what the solution is. Most likely, you probably have to go to the city council and speak with them about it and Parks, I mean, there was a suggestion that maybe urethane would work, I'm not sure. I'm not an engineer and I don't know if that would really stick to steel but there's got to be some way to eliminate the noise and the problem with the kids. I mean, it's a, it's a kid neighborhood over there. There's ka.ds in every neighborhood in Kenai and that's a concentrated area for activities, outdoor activities and I think it's going to remain that way. It's a educational area and though I do sympathize with the noise problem, and I would certainly hate to live across the street from it myself, I'rn going to support this because we're looking at other activities besides just a skateboard park. Goecke: Okay. I too have you know, some concerns about this thing. One place that, well, let me start at the beginning. The first problem I have is, is with the city not applying for this at the beginning. I mean, we, we should be the leaders in this city. We are dragging behind applying for this at this point and I have a problem with that. Number two, if the Commission wishes to approve this, I would like to see a stipulation that there is a fence put around this thing, closed at ten o'clock at night by a policeman so that if, there is I believe, and you'll have to correct me if I'm wrong and I'll stand corrected, but I think that construction must cease in this town by ten o'clock at night because of the noise problems. Okay? So, that should be the same thing. So, and I had, for no further than what it would be, Mrs. Fandel suggested the old ice rink there by the high school, which make a perfectly logical place. It is completely removed from all residences. There's no residences there within, trying to think, probably a hundred and fifty to two hundred yards, maybe more. And, and to move that from its present location over to that, I don't think that would be any undertaking. So, that having been said, that's all I have. Mr. Osborne? PLANNING 8~ ZONING COMMISSION JUNE 26, 2002 PAGE 18 Osborne: Oh yeah, I'm thinking too that if it was to move maybe someplace over by the softball fields, there's a bathroom over there that would be handy for everybody and I don't know about moving it over to the skating rink, or the old ice rink, because that's probably on school property, so it'd probably have some Bart of thing there. Goecke: But it's only used in the winter time. Mr. Bryson. Bryson: I want to keep one point foremost here. We're talking about a general activity. Not a specific activity. The council can end that activity just like that (snapped fngers). And what we're looking at is outside sports activities here in general. Not the rink or a skateboard activity. Bannock: Mr. Chaim If I could weigh in with just a, just a couple of things without trying to give you too much. Mr. Bryson is a hundred percent correct and the ord...the issue that is in front of you tonight is specifically for a conditional use permit, not for any specifics. Now, you're smart enough to know that you've only heard testimony specific to one specific activity. The beautiful thing about what is in front of you tonight in a conditional use permit is you have the ability to craft those conditions as you see fit in a conditional use permit. I'll remind you of some particular scenarios where we've had conditional use permits where you've limited the number of boats. There have been conditional use permits where you've limited the number of hours. The reason we have conditional use permits as opposed to a rezone is a rezone then, it just then becomes whatever it is that the zoning rules apply for. A conditional use permit, you can, if there are issues that you think are specific the site, if there are issues specific to the activities, it is within your authority to craft then your approval or non-approval based on those things. I certainly am in no position tonight to tell you where this is ultimately going to end, but it is an interesting concept because, in reading, in reading the staff comments, if I could bring you attention to the middle of Page 2, the last line in the, in the documentary reads, "In addition, because events held at this location may involve food and merchandise vendors, it appears appropriate to request that the permit, that the permit allow vendors that are directly related to activities at that location, at the location." I totally agree with the administration's call in regards to that. It is, however, arA interesting scenario that we put ourselves in tonight, in that the negative comments that you've heard tonight, aren't not necessarily specific to the multipurpose facility. So, throw those things out for your discussion. Glick: Mr. Chair... Goecke: Mr. Glick. PLANNING 8~ ZONING COMMISSION JUNE 26, 2002 PAGE 19 Glick: I'd like to make an amendment. To amend that no outdoor activities can take place at the site between the hours of 10 p.m. and $:00 a.m. Osborne: Second. Goecke: Mr. Bryson. Bryson: 1'll be speaking in apposition to the amendment. I can see of a lot of activities there that would be less noise producing that no one would even know that anything's going on. I mean, we're talking about inside versus outside at what point is, are you outside of the three-sided construction. I just think that council has the ability to, just with a simple motion, to terminate what is perceived as obnoxious activities and I just think they should retain that ability. Goecke: I understand that yes, in fact, that Mr. Bryson, that, that in fact could, is the way it works. However, and believe, that it was council's request that this thing move from downtown over to that position and I don't know that, but that is what I have heard. And, and, it's the skateboard part of this that has created all the consternation here tonight and yes, we're, you know, it's, it's the big item. This is what this whole thing has came about because of, is the skateboard ramps and jumps and whatever else that they moved over there and so I'm just, you know, and I can appreciate having some place for the kids. I mean, I, I don't have, I'm not against having it, I'm just not sure that this is the right place or the exact right location for it and...Mrs. Nord. Nord: Question on the amendment, would there be a way, and maybe this is a question for staff, would there be a way to get, for instance, get a permit, if we would limit it to 10 p.m. to 8 a.rn., if someone was going to have some sort of outdoor activity there at the, at the Center, that would not be noise, is there any process where there would be a permit or would they have, could they go to the city council, I mean, if we word it such that any other activities would have to go through city council? Kebschull: I don't think that council would deal with that issue. I think you could word an amendment to specifically denote that, but I think you would get into a subjective area when who's going to determine what is a noisy activity and what isn't a noisy activity I personally don't want to be making that, that decision. Goecke: Can we, thank you, but that brings up a question. Can we then, make in this amendment, a, a provision that says that, like I had asked or said before, to fence this thing at ten o'clock, but make it so that that portion of that locality, i.e. skateboard ramps or jumps or whatever you want to call this thing over there, cannot be used after ten o'clock at night until eight o'clock tomorrow morning? Can that amendment be ah... PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 20 Kebschull: It could be made, however, I'rn sure you're aware of the city's financial situation and right by requiring fencing it may immediately put it to where it's not a feasible activity far the city to sponsor. Goecke: What did they do with the fence they had? Kebschull: I don't know. I mean, and I think part of the issue with that fence they had was the safety. They felt it was safer, and you might ask Mr. Frates that question, that that fence limited the area and so they felt it was safer n,ot to have the area fenced. That would be a question for someone other than myself and then you also, one more issue would be getting into staffing. You'd have to have somebody that would have to be able to staff it and close the gates so there would be a cost involved there. Goecke: Police officer on patrol. Ten o'clock. Kebschull: Unless there's an emergency. Goecke: Sure. That's understandable, but they don't last all night. Kebschull: Well, and I don't know that we can direct the police to lock something in a conditional use permit that's in the Parks and Rec. Department. Bannock: Mr. Chair. Mr. Chair Goecke: Mr. Bannock. Bannock: I don't want the Commission to delve into trying to be the administration. Again though, I would go back to say, I fully, I fully believe that the Planning & Zoning Commission has the authority to put of conditions. How those conditions get enforced are then de facto administration's issues. Okay. No different than if you told a person that was putting in a lemonade stand what their hours could or couldn't be. How they accomplished their lemonade stand is not your issue, but you have the authority to tell them what the hours were that their lemonade stand could be open. So, I don't want, I don't want you to encourage to keep going down to give the administration ways to do their job. With no disrespect, of course, to either group. Glick: Mr. Chair... Goecke: Mr. Glick. Glick: I'll speak to the amendment. I didn't intend for the amendment to indicate that you couldn't have hockey there, because that's inside the building. It may be a three- sided building, but it's inside the building. I, I can't think of things that happen PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 21 between 10 p.m. and 8 a.m. that would be outside that would cause, you know, that people would be wanting to do, if they wanted to go skate there in the building. It wasn't my intent to stop, you know, the hockey from taking place and I don't think it does since it's inside the building. It just stops things that are noisy. Goecke: So, it would stop, for clarification for Chair then, it stops the outdoor activity. Is that correct? Glick: Yes. Goecke: Thank you. Glick: That's my intended (inaudible) ... Bryson: Yes, I just feel we're talking about flexibility, this is taking away the flexibility. I can think of lots of situations where others, relative to the building, there's going to be outdoor activities. There's a vending, a proposed vending area far food and drinks that right outside the building, or it could be activities in the parking lot just like there have been already. Are they supposed to go to bed at ten o'clock? What likelihood is there of that? I think we need to maintain flexibility and that flexibility is best maintained at the administration, directed by council. That's why I would speak against the amendment itself. Goecke: Okay, any other discussion on the amendment? Okay, so what we, what we are going to be voting on is the amendment to stop outdoor recreation, or not allow outdoor recreational activities from 10 p.m. until 8 a.m. Call the roll. Clerk: VOTE: Nord: No Osborne: Yes Tunseth: Absent Glick: Yes B son: No Erwin: Absent Goecke: Yes MOTION FAILED. Goecke: Okay. So, now, that amendment, the amendment failed. Now we will voting on the regular motion. VOTE ON MOTION AS PRESENTED: Osborne: Yes Tunseth: Absent Glick: No PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 22 B son: Yes Erwin: Absent Goecke: No Nord: Yes MOTION FAILED. Goecke: Okay, that, that application failed. Anyone may appeal that decision to the Clerk across the hall, within 15 days. Verbatim ends. ITEM 5: CONSIDERATION OF PLATS 5-a. PZ02-35-Stecella Subdivision (A subdivision of Government Lot l78) MOTION: Commissioner Glick MOVED to approve PZ02-35 and Commissioner Nord SECONDED the motion. Kebschull reported staff included two contingencies upon which the plat should be approved in the staff report and she recommended the plat be approved with those contingencies as part of the motion. Glick stated it was his intention for the contingencies to be a part of the motion. VOTE: Glick: Yes B son: Yes Erwin: Absent Goecke: Yes Nord: Yes Osborne: Yes Tunseth: Absent MOTION PASSED UNANIMOUSLY. 5-b. PZ02-38-Valhalla Heights Subdivision -Frank Addition MOTION: Commissioner Nord MOVED to approve PZ02-38 and Commissioner Glick 5ECONDED the motion. There were no additional comments from staff or Commission. VOTE: PLANNING 8v ZONING COMMISSION JUNE 26, 2002 PAGE 23 B son: Yes Erwin: Absent Goecke: Yes Nord: Yes Osborne: Yes Tunseth: Absent Glick: Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:35 P.M. ITEM b: OLD BUSINESS 6-a. Di~scussioa -- Draft amendment to Recreation Zone Kebschull reminded the Commission, upon their last review of the amendment, they requested Building Official Springer and Public Works Manager La Shot to review the proposed changes to the zone description that she and the city attorney had prepared. She noted, that was done and several minor changes had been made. Upon the Commission's request, La Shot and Springer were present to answer any questions. Additionally, Kebschull reported the city attorney had been asked to prepare an amendment to the "recreational vehicle" portion of the code and that information was included in the memorandum which was included in the packet. Kebschull asked if the Commission had any questions and if they wanted to set a public hearing date based on the information provided. The Commission had no additional comments and consensus was to direct administration to proceed with scheduling a public hearing. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Bannock reported the following information: • An action agenda of the June 19 council meeting was included in the packet. • An appeal to the Board of Adjustment was scheduled for 7:00 p.m., July 17 in regard to the conditional use permit approved to add cabin rentals on property in Angler Acres. PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 24 10-b. Borough Planning -- Bryson reviewed the Borough Planning Commission agenda and actions taken during their meeting of June 24, 2002. 10-c. Administration -- Kebschull reported the following: • Tyro public hearings would be held at the Commission's July 10 meeting. • She discussed with the city attorney how to proceed with the amendment the Commission created to the educational zone and would bring information back to the Commission tentatively at their July 10 meeting. She added, he suggested they try to schedule meetings with representatives of the borough, school district, land management and the Commission to list properties that could be included in an education zone. Upan those discussions, a public hearing will be scheduled. ITEM 11: PERSONS PRESENT NOT SCHEDULED Brad Zubeck -- In regard to action taken on PZ02-34, Zubeck questioned why there was no discussion on his opposition to the variance request. Referring to comments in the staff report of the variance request, he noted, of the four lots to be included in the subdividing of Government Lot 178, three of the lots would not meet the minimum size requirements of 20,000 square feet in a rural residential zone. Zubeck noted, minimum lot sizes had been set for a reason and he felt the Commission should have substantial reasons to grant a variance from the requirements instead of those opposing the variance to defend their reasons for not wanting the variance approved. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" -May 25, 2002 & June 10, 2002 ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 14: ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. Minutes transcribed and prepared by: Carol L, Freas, City Clerk PLANNING & ZONING COMMISSION JUNE 26, 2002 PAGE 25 ~~ CITY OF KENAI ~c~. ~r ~~ ~~ ~ ~~~1~ ~ 210 FIDALGO AVE., SUITE 2DD KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~IIII~ 1992 June 26, 2002 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission meeting of July 10, 2002: PZ02-39-An application for a variance from the Development Requirements for afive- foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive}, Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: June 20, 2002 Res: PZ02-39 GENERAL INFORMATION Applicant: F. DeWayne Craig 283-7842 P.O. Box 1613 Kenai, AK 9961 1 Requested Action Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Variance - Development Requirements f=ront Setback & Lot Coverage Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 406 South Forest Drive 04714024 RS - Suburban Residential Residential Medium Density Residential General Information: KMC 14.20.1$0 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not 0239 Co-nment.doc Page 2 a permitted principal use in the zoning district in which the property is located. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. Applicant is applying far two variances from the development requirements for the suburban residential zone. The parcel being reviewed is located on the corner of Toyon Way and Forest Drive. Because it is a corner lot, the front setback on both frontages is 25 feet. Applicant proposes to build an addition onto the current structure. The use of the addition would be a garage with living space on the second story. The location of the addition is noted on the drawing provided by the applicant. The application requests a five-foot variance from the front setback. It appears, based on the drawing provided, that this variance would be necessary from both the Toyon Way and Forest Drive frontages. It is difficult to determine the exact distance the structure would extend into the setback on the Toyon Way side because the drawing provided does not show dimensions. It does appear that this side of the structure may extend further than the Forest Drive side. The applicant recently received an encroachment for the present structure where the new structure would be attached. That encroachment was far 4.8 feet. The second variance requested is for lot coverage. The development requirements limits lot coverage to a maximum of thirty-percent. The Kenai Peninsula Borough lists this lot as .38 acres, 16,552.80 square feet. Thirty percent of that is 4,965.84. The current structure on the lot, excluding decks measures 4,555 square feet. The applicant is asking for a variance of 250 square feet for the proposed structure. Listed above are the criteria that the Commission must determine exist prior to granting a variance. It appears; with the exception of Item #3 that the variance requested does not meet the requirements of KMC 14.20.180. 1 . There are no specia! conditions or circumstances present peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. There are no special conditions or circumstances. 3. The granting of the variance is a permitted principal use in the zoning district in which the property is located. 4. Because the applicant recently received an encroachment far another structure, it appears that this is not a minimum variance. 5. Because the applicant recently received an encroachment for the 0239 Camment.doc Page 3 same lot, it should not be misconstrued that additional variances should be allowed. In the cover letter provided by Mr. Craig, he provides information on landscaped areas not included in the lot size. Mr. Craig does not own the rights-of-way ar the lawn area he has noted on the asbuilt drawing. The Commission when making a decision cannot consider this information. Information that may be considered is the lot size, the current lot coverage, the allowable lot coverage, and the variance request. KMC 14.20.180 states, "A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his property." The current structure on this lot has six residences. If the variance is granted, the plan is to build an additional garage with living space above it resulting in possibly seven residences. Even without considering the current application, Mr. Craig certainly has reasonable use of his property. It is unclear from Mr. Craig's application what he means by living space. it should be noted that if the intent is to create a seventh residence a conditional use permit is required. Mr. Craig will need to apply for the permit and meet the criteria listed as footnote 3 in the band Use Table. It is the Commission`s responsibility to insure reasonable development and to consider the effects of development on the neighborhood. Mr. Craig has been fortunate to have access to bath Toyon Way and Forest Drive. The location of his lot has provided access for off-street parking for his development. It is a concern that the proposed structure would be accessed from Toyon Way. Because of the angle when turning from Forest Drive onto Toyon Way, there is a concern that the new access may cause a safety issue especially in the winter months, During a site investigation on June, 25th, it was noted that the dumpster for the facility was placed in the right-of-way on Forest Drive. KMC 9.10.030 specifies the location of containers in the city, "No garbage containers or other containers for refuse shall be placed, stored, or located within the traversed right-of-way of a street or alley; provided, however, that such containers may be placed on the edge of the public right-of-way, but off the traveled portion, at specified places and times when such location is necessary for expeditious collection." The dumpster must be moved onto the applicant's property and location should be noted on a site plan. City Engineer: Access to the new garage is a concern. Also, available on-site snow storage is already limited. 0239 Comment.doc Page 4 Building Official: Minimum parking requirements for 6 dwellings is 12. Currently there are 5 garages with 5 parking spaces in front of those garages. The 6`h garage no longer has access to it due to landscaping. However, the new driveway might be considered as additional parking but it is not developed yet. if the variances are approved, a building permit will be required for the addition. Public Works Mana er - Street De artment: The Highway Manual says the driveway to this structure should be 15 meters of 49.2 feet from the Forest Drive intersection. (This is far a 90- degree intersection. Traveling south on Forest Drive, you have to turn 110 degrees to proceed west on Toyon Way. In past winters, many drivers have slid through this intersection and off the road into this area of the proposed driveway. This driveway presents a third potential vehicle conflict in this area {with someone backing out of the driveway.) Parking for this six-plex has presented a problem. Many vehicles are parked on the street causing clean up and sweeping difficulties and sight safety issues from the intersection. An area for snow storage should be taken into consideration and required on the lot. Presently the snow is being pushed off the lot and this should not be allowed. There is no storage area far the existing driveway. RECOMMENDATIONS Based on the above findings of fact, recommend the variance for front setback requirements and maximum lot coverage be denied. If the Commission decides to grant the request, it is recommended that as a minimum the following be required: 1 . That a registered surveyor locate and mark property corners and the corners of the proposed structure and that a plot plan is provided for the building permit. 2. That after the construction is complete, that an asbuilt survey is provided to the City to verify the setback, as set by the variance, was met. 3. That prior to the building permit being issued, that the proposed use of the living space be clarified and if a seventh residence is proposed that a Conditional Use Permit must be approved. 4. The driveway access can be a maximum of 12 feet wide and 0239 Comment.doc Page 5 must be located within one foot of the northwest property line. The property owner is to be responsible for relocating utilities in conflict with this driveway. 5. That disturbed areas be landscaped; including the area excavated in the City's right-af-way, 6. Due to the size of this development, that a site plan be required that verifies parking, snow storage, dumpster location, driveway access, and all structures on the site be noted. ATTACHMENTS: 1. Resolution No. PZ02-39 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ02-39 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KE VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: F. DeWa ADDRESS; LEGAL: Lot 1. Blo PARCEL N0: P.O. Box 1613. Kenai. Alask GRANTING A WHEREAS, The Commission finds that Secti n 14.20.180 rov that a variance from the strict provisions of the zoning code may be grante by the m issi if all conditions specified in 14.20,180 are met, and WHEREAS, the Gity of Kenai Planning and Zoning Co is ion finds: 1. That an application meeting the requirements June 19, 2002 2. That this request i5 loc ed on land zone R; 3. That the applicants ks a vari~nce~from th / riance has been submitted and received on Suburban Residential pacified requirement of the Zoning code: Setback Variance: Lot Coverage 4. a. Special cond 'ons or ircum n are present which are peculiar to the land or structures involved w c are t applicabl to other lands or structures in the same land use or zoning district. b. The special condi ons or cir mstances have not been caused by actions of the applicant and such conditions an circu tances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the va i nce does not authorize a use that is not a permitted principal use in the zoning district in ~ ich the property is located. d. The granting of the 'ariance is the minimum variance that will provide far the reasonable use of the land andlor tructure. e. The granting of a variance is not based upon other non-conforming land uses or structures within the sale nd use or zoning district. 5. That a duly adver ised Public Hearing according to KMC 14.20.153 was conducted by the Commission on ul 10 2002. 6. Applicant mu comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED B'~ THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 10, 2002 , CHAIRPERSON: ATTEST: ~~ 3~ CITY OF KENAI rr ~~ ~~ ~ ~ rr ~ 270 FIGAL(i0 AVE., SUITE 200 KENAI, ALAgKA 99871-7794 oNE 9D7.283-7535 ~!FD ,,,~ DATE: ~uv~.e ! d , Z ooz._ ~ ~ ~ ~~ p~~~J7Y ClF kr1+ 1 ~~ ~~~~~ ~,'~!r APPLICATION FOR VARIANCE P i ','y ' ERMIT NAME: ~ ~,~]~ ~ - PHONE: o~ ~ J' ~ ~ ~' MAILING ADDRESS: k ~ ~ K q~~ir STREET ADDRESS: ~ r e~f ~(a A1L LEGAL DESCRIPTION: ~o r(1n. ~L~- -~- . ~ ~ . KPB PARCEL NUMBER: 1 Z ~. , PROPERLY ZONING: 6 ~ ! AM REQUESTING A VARIANCE FROM (State section of Kenai Mu Code): r , n~crpal Section 14.20. ~ $p of the Kenai Municipal code ou#lines re ulations PemT~ts which is the relaxation of the Development Requi ements Tfor Variance provide relief when the literal enforcement would deprive a propert owne reasonable use of his real property: PLEASE REAP THE FOLLOWING r °f the COMPLETE THE BLANKS AND INI~1 THE SPACE AFTER TH NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTATEM CONDITIONS, ND THESE Provide a site plan of the property includin l and proposed buildings or alterations, elevatio stof uchllbuildings or al#erations, and such data as may be required. A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable depositladvertising fee is required to cover these notification costs. (Please see attached dure s,~eet. ) . Yow-are"t'~q fired to post the property in question with a sign advising .#hat the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. if this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that ail of the fofiowing conditions exist as a prerequisite to issuance of a variance permit: • Special conditions or circumstances are present which are peculiar to the Land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. • The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use ar zoning district. ADDITIONAL COMMENTS: ..,1 G ~~eCp 5 ~1 _S~ ~ /"i7`~ ('~~~c~ 1 ~ ~7"~_ ~' f~a ~ ct` J uH~f. (DiCC~~ ~+ AppNcan#'s Signature: **«~~*~ Reviewed approved by the Planning Commission on day of 2002. Chairperson; Attest: F. DeWayne Craig 406 S. Forest Dr. #6 P. O. Box 1613 Kenai, AK 99611 (907) 283-7842 City of Kenai 210 Fidalgo, Suite 201 Kenai, Alaska 99611 Attention: _ Planning. & Zaning June 1$, 2002 Re: Application for Variances - 406 S. Forest Drive Requested Variances: a) A five foot encroachment into the setback for living space over the new garage. b} An allowance of 250 sq. ft. for new building, which is 1.S% over the 30% allowed. Lot size is 16,552 sq. ft. 30% building allowance is 4,965 sq. ft. Existing building on the Lot 4,555 sq. ft. Remaining allowance for building 410 sq. ft. Information for your consideration: (see As-Built) Landscaped area not included in the Lot Size: Streetright-af way on Toyon 14 x 60 = 840 sq. ft. Street right-of way on Forest Dr. 18 x 193 = 3,474 sq. ft. Also, adjacent bluff property south of the Lot incorporated as yard: • Landscaped = L' brow~~ approx. 2,500 sq. ft. • Lawn area = ['r.cer.7 approx. 7,000 sq. ft. With the landscaped street right-of ways at~d the adjacent sauth bluff property, there is approx. 30,366 sq. ft. The 5,21 S sq. ft. of existing and proposed building would be 17% of the overall developed Land. Respectfully submitted, _ ~ ~1 F. DeWayne raig j`~Z. ~ sg .,~ . 3~~ - .,;.+? ? so R I In1 rr;~~ Uly ` ~ •...~ j L~ t7 ~ N~ '~69 ~ ~ ~ rt .. • ~ , i / 7~ 2/2i!'1~ ~ R( a?r Y H M ~ ~ ~\~ Seft.~c '9g ~ ~ ~ '~'+ / 1 i I O Nole: Lal rued E3yl ~ I '0 ~. ,~"f Cily Watrr Se•x,:r ~`-'~~'~~ ~ in r ~ Ir jj y~: I r'7 ~ t~^fF, ~ ~©C ~ I ~~ t ~ 1.2'rc LJ, 701 T. ~ '0 I ,. 1.~}!b'r / Lot 1 ,~.}- ~; . ~ :` ,~ :r=~: ' ,~ Block 6 ..-r .~' ~ ' ~, ~ .~.. _ ~: ~ ~ 11,x. ~~~~ ~~ g ( 3 .;,: . ,'~lifyui'!ii •'IJ f tr 7g ~ .n ~~ 6r.s•` - ~ ~ M1 ~:l.l h ^' t:1, N r~~ °~ " r r ~ ~ o } ~ ~I Z I ~ .rn, +.n1eM n 'Ij +a r r.~wN .,..~.:: i ~ ~ "s ~T" 7eJ ,e C ~~ r ~I ~, ws..w/ l7 y 7 ~ ~:.+ ~ : ~„ ~ i erhe d Powerline . S ~ 5' beyond . tilit Easement . ~ I .. ;. 3 ~G I I 'A ION DA ~~/ I :T<ii~~l~_ JCfT ~: ~~q~- ' ^. ~_ AS-BUILT/PLOT PLAN CERTIFICATION ~ "'~~ :,~~~,~ ''~ As-Duill Cerlificaic i ... ~ Q' 2~~ 3razs Cap Centerline AAonumcnt (found) I hrrrhy ccriify Thai the improvemrnts hereon exist a5 spawn on thr. following described properly. ~'7a1r.:28 April, 7997 K.A. p: 97-f, pgs. 60-61 ~..RBS1i-u~L..~LC~SLbs~~~lif..1`lumber 3 __ :,,. .., ... = 30' Pia1:7B-96 KENAI RECORDING DISTRICT and lhot no encroachments exist except as indicated. r , Exclusion Nole: ~ ,}rnw•n: RAN' VI.O. p: 57035 Disk: D20\Redaubi Terrace , ,_. li is ihr responsibility o! the Owner to deiermine the i I1'~TEGP..ITY SURVEYS ^+rislancr. of arty rnsmm~nts, cevennnl., nr restrictions which do not apprnt un 11;C reCW dcd subdivi Sinrt plot, ~'- •;~ri.^r; t7rwc [<rnni, Atnsl.n 99fiT1-A363 tlndr:r nn circurnsloncas should any dale hereon be 1gI:7NE - {907) 2e3-907 used lnr (;nn5tr llClian dr far eitnbflRh ing hOUn dory ar c';~?y ~^>7S rnx -- Nt A?INERS fence lines. ' - - (9a7) 7e3-9071 i ~ v ca ° 0 0 J ~ M ~ ~ ~ ~ r rOR O ~ O t... u V V 0 J . o ~ co r ~ ~ V_ _M ~ F-- t"` ~' lry c- ~ ~ ~ ~ ~ ~ ~ J J Q ~ O II O ~ I- -~ J ~ ~ H ~~ J ~ O ~ j j i v F- I~ ~ JN 'NAad r 90£ ~-~, ,-- , ,~ N$0£ c+~ i ZOti I ~~ /, /.'~ 1 / ~, , 1 f~ /,,. ~ r ~ r r 90~ j - ~ r ~ ~~! J r~~~ cq % O /I /; -7 i 4] ~~~~ ~ ~ ~ l ~ `yi _.~~_ / ~~. . ,~ e, ~._ N ~~ ~ ~ ~ ~~~ ~ - ~~ ~~ ~ ~~ ,o ~~~ `; ~ ^ '~ O ~ - ^ ~ M O~ ; ~ - ~ tee' ~ ~ LL ~,' \ M ~ ~ ~ ~ W O ~ ~ ~~ ~ ~ ~ r ^~ rte' ` ltd ~ ~ ~``~r N ~ '~ _ m ^ f CITY OF KENAI ~~ h ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 9D7-263-7535 _ _ FAX 907-283-3014 IIII 1I11~1 1992 June 17, 2002 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission meeting of July 10, 2002: PZ02-37-~-~An application for an encroachment permit for side setback (1.5 feet} for the property described as Lot 3, James Subdivision (506 Japonski Drive}, Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: June 11, 2002 Prepared By: Imk Res: PZ02-37 GENERAL INFORMATION Applicant: Paul & Teresa Quade 2$3-5423 409 McCollum Kenai, AK 9961 1 Requested Action: Encroachment Permit - Side Setback legal Description: Lot 3, James Subdivision Street Address: 506 Japonski Drive KPB Parcel No.: 04509014 Existing Zoning: RR1 - Rural Residential 1 Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1 . An encroachment as defined in KMC 14.20.185 {a} exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted fot line. When reviewing an asbuilt survey provided for a final inspection on a building permit, it was discovered that the garage located on this lot encroaches into 0237 Canunent.doc Page 2 the side setback 1.5 feet. This is a two-story structure with space above the garage. The use requires a 15-foot setback in this zone. City Engineer: Nothing additional. Building Offjcial: The original site plan shows a 15-foot setback; however, during construction the building was moved into the setback. RECOMMENDATIONS The encroachment does not adversely affect the adjoining property. Recommend approval. ATTACHMENTS: 1 . Resolution No. PZ02-37 2. Application 3. Drawing CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ02-37 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Pouf & Teresa Qu ADDRESS: 506 Japonski Drive ~_ LEGAL: _Lot 3, James Subdivision PARCEL NO: 04509014 TYPE OF ENCROACHMENT: Side Setback {1 .5 feet} WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c} has been submitted and received on 2. This land is on land zoned 3. That the applicant has demonstrated with plans and other documents that they can and does meet the following specific requirements as set forth in Sec. 14,20.155 td}: (1) An encroachment as defined in KMC 14.20.1$5 {a} exists. {2) The encroachment does not encroach upon a Federal, State or City right-of- way or utility easement. {3} The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district In which the property is located. I4} The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on July 10, 2002. 5. Applicant must comply with all Federal, State, and local regulations NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 10th day of July, 2002. ~--, _ % ~ 1 CHAIRMA~~ , _ ~/'.v~~ ATTEST: ~ , ~~~,h?.,,,_._._._ RECE~1! D ~JN ~ i 20p2 Cf7Y Of; KENAf 7f A ~. ~..a ~.. . _ APPLICATION FOR ENCROACHMENT l~~ -. ~~~ NAME Pa u. I ~ Tere s ~.. Qua ale STREET ADDRESS 50 ~ a o s /~, MAILING ADDRESS 0 9 I'!? ~ C`o I v m LEGAL DESCRIPTION Lot 3 ~la rn e s .Su. 6al!' ,'s, o ~ PARCEL NUMBER ~ ys o ~ y ZONING DISTRICT Circle 1) C CC CG RR ~ RR-2 RS RS-1 RS-2 RU R IL IH PHONE y o b ~~ 3_ 5 yz 3 Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ TAE FOLLOWING, COMPLETE TAE BLANKS AND INITIAL THE SPACE AFTER TAE ITEM NUMBER TO INDICATE THAT YOU RAVE READ AND UNDERSTAND TRESE CONDITIONS. 1. ~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements 'Table. 2. ~ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements. setbacks, elevations, and any data pertinent to the application. ;, ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) ADDITIONAL COMMENTS: Signature of Applicant: ~-}-~ Q,c~ CERTIFICATION N ~~~ I HEREBY CERTIFY THAT [HAVE SURVEYED THE LOCATION OF THE IMPROVEMENTS ON LOT- 3 OF JAMES SUBDIVl5.lON PLAT N0. K 1537 KENAI RE;C01"2DlNG D{STRICT, AK L SAID IMPROVEMENTS ARE W[TH[N THE PROPERTY LI1`dES AS SHOWN HEREON 2. NO IMPROVEMENTS ON THE ADJOINING PROPERTY ENCROACH ON LOT - 3 3. NO ROADWAYS, TRANSMISSION LINES, OR OTHER VISIBLE EVIDENCE OF EASEMENTS CROSS. ~. 0 T - 3 . . AS -- BUTLT SURVEYED BY: _ ~~~~~`~y;a~ ~~ J A N V A R Y 2 5 , 2 0 0 2 ~~~~~'~~;~~~~.~'~~.~3~~~ TERRY T. EASTHAI~1 _:d;;~~-~.~y ~°~~~~:`?.,~, RSL 7629 ~~ ~ ~-~` '~ P.D. BOX 239 [ ~:4~ ':'~~: '~ ~` ..c........... , , SOLDOTNA,ALASKA L 99669 • ~~~~ ~,..~.~< _ ~ ~ ~. -~ :...y r. ~.~~n~ ~ ~~~~~~ SCC(z~; .` I ~'= 30 i i ~5 z `.. ~4 ,~. cf f- s Lo-r-z -~ V~ U1 ~. 1, i! ,4 PRUp~RT`r ;...1 ~l'E ~~ ! ----- ~~ti~ 130.0_ _ __ ~ ~ ~ ~ G / I :.~ '~~ L o T~ 3 ~ ``' :~ + ~~ ~ ,y ~ c ^~ ~ ~ a z~' p~ ~ ti ~ ~{- c?~ ~ ~1 C- "~ ~~'4 ~~ 15 ~~ ~ ~,' v ~ W l ~ v' d I o io ~ a ~ Qo ~ +s j" Q ~L~r ~ ~U I~ ~~'i ~. I_ I / PRo~E.t~-r~r LI \;~ 'e _-~~' ~~ . Q~`''~ ', I ~ - ~- . f- ~~ ~~ o~ U N ~"'~ ~~ '1S ~~ . ~~ O~ ~09 ~~ y~.r. ;?~ ~, r ~? ~ ~~~~. .: . 9d~~~' ~y'~~ ~~ .;}~~ 0 O 0 0 ~a i~sNOddr X09 ~ ~ 09 X09 909 I l ~ Q ~~ 1 ', ~Q ~ ~N C~ ~b09 Z09 ~ ~ 805 ~ 909 ~~ Cn ~~ o~ I ,N 809 i ~, , 0 0 °o ,10 __. ~. M f ~ o 00 ~ O N ~ ' M ~ ~ W ~ f °o Z Y I~ D ', ~ Qr _ Q ~ ~9~~ t CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-40 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE RECREATION ZONE BE CHANGED BY AMENDING KMC 14.20.145 (RECREATION ZONE}, 14.24.010 (DEVELOPMENTS REQUIREMENTS TABLES AND 14.22.010 (LAND USE TABLE} 1) TO ALLOW LODGES AND BUNKHOUSES AS PRINCIPAL PERMITTED USES; 2} TO NOT ALLOW FOUR OR MORE FAMILY DWELLINGS AS EITHER PRINCIPAL PERMITTED OR CONDITIONAL USE; 3) ALLOWING RETAIL BUSINESSES AS A SECONDARY USE IN CERTAIN CASES; AND 4) CHANGING MINIMUM LOT REQUIREMENTS. WHEREAS, the Recreation Zone should encompass lodges and bunkhouses for recreational (primarily) sport fishing purposes; WHEREAS, four or more family dwellings are inconsistent with the purposes of the Recreational Zone; WHEREAS, retail establishments should be allowed when in conjunction with an allowed primary commercial use such as a coffee shop within another business; and WHEREAS, adjustments in the Development Requirements Table and minimum lot requirements should be made for the Recreation Zone. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that KMC 14.20.145, KMC 14.24.010 and KMC 14.22.010 are amended as shown in Attachment A of this ordinance. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of July 2002. Chairman: ~L ATT T: Suggested by: CITY OF KENAI ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CHANGING THE RECREATION ZONE BY AMENDING KMC 14.20.145 (RECREATION ZONE), 14.24.010 (DEVELOPMENTS REQUIREMENTS TABLE) AND 14.22.010 (LAND USE TABLE) 1) TO ALLOW LODGES AND BUNKHOUSES AS PRINCIPAL PERMITTED USES; 2) TO NOT ALLOW FOUR OR MORE FAMILY DWELLINGS AS EITHER PRINCIPAL PERMITTED OR CONDITIONAL USE; 3) ALLOWING RETAIL BUSINESSES AS A SECONDARY USE IN CERTAIN CASES; AND 4) CHANGING MINIMUM LOT REQUIREMENTS. WHEREAS, the Recreation Zone should encompass lodges and bunkhouses for recreational (primarily] sport fishing purposes; WHEREAS, four or more family dwellings are inconsistent with the purposes of the Recreational Zone; WHEREAS, retail establishments should be allowed when in conjunction with axi allowed primary commercial use such as a coffee shop within another business; and WHEREAS, adjustments in the Development Requirements Table and minimum lot requirements should be made for the Recreation Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.145, KMC 14.24.010 and KMC 14.22.010 are amended as shown in Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of 2002. ATTEST: Carol L. Freas, City Clerk John J. Williams, Mayor (6/27/02 spJ Introduced: Adopted: Effective: Section I 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non-commercial recreation and residential purposes. Lands designated far this district should be evaluated for long-term public benefits to accrue from the protection offered by this designation. (b} Permitted Principal Uses and Structures: (1) Ball fields; {2} Exercise trails and facilities; (3} Parks and playgrounds; (4} Picnic facilities; (5) Recreation facilities, shelters, bathhouses; (5) Recreation cabins; (7) Singleltwo/three-family dwellings; (8) Trails; (9) Visual corridors and viewpoints; (10) Watersheds; 11 Bunkhouses and lod es• ~ZCharter or ug iding services. (c) Permitted Accessory Uses and Structures: (1) Boardwalks; (2) Parking -not to include large trucks or trailer vans; (3}Essential services (as defined in KMC 14.20.320(b}; {4} Watchman or caretaker dwelling. (d) Conditional Uses and Structures: (1}Boat harbors, docks, wharves, launching ramps; [(2) BUNKHOUSES,] Bed and breakfasts; [HUNTING AND FISHING LODGES;] [(3)] ~ Fuel facilities for river boat traffic; [(4}] ~ Convenience or grocery outlets; [(5}] ~ Marinas, including boat rentals; [{6}] ~ Aquaculture; [{7} CHARTER OR GUIDING SERVICES;] [{8)] ARV parks; [(9)] ~ Multi-family units; [(10}] ~ Hotels; [(11)] 10 Restaurants. (e) Prohibited Uses and Structures: Any use or structure not of a character indicated under permitted principal use or conditional use shall be prohibited. (f) Minimum Lot Requirements: Shall follow the requirements for the Rural Residential (RR}. [ZONE, INCLUDING THE ONE HUNDRED FOOT (100') SETBACK FROM SLOPES, BLUFFS, OR BANKS AS DESCRIBED IN THE COMPREHENSIVE PLAN, COASTAL ZONE MANAGEMENT PLAN, AND KENAI RIVER SPECIAL MANAGEMENT AREA PLAN.] (g) Required Off-Street Parking and Loading: Adequate off-street parking and loading shall be provided in connection with any permitted use in accordance with the provisions of KMC 14.20.250. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220[{G)]. 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T~ ~ a~i ~ u~i ~ •--. ~ ~ ty ~ N ~ ~ ~ ;.~~q ~ w .~4 ~ P l U U A CA F 7 3 f=e C' ~ Zi ~ '.~- a i ~i z o R' a W ~ ~ ~ U ~ P~r 0 a N N m U C ~ O 0 ~ ~ ~a d F m W `~ J ..- c~ z z ~ F-~ ~ U U V U ~' z z z z w U U U U a U U U A4 U w ~ ~ a ~' ~ w v ca a< ~ U U U U ~, U: ~~ -: ~ ~ z ~ I .~ J r. ; U z C~ U CJ C7 U I :~ c~ U ~ _ U U U U z ~ c~ z w ~ O " U. ~ U ~ ~ ~ U ~ W ~ m H ~ ~ 4-+ y W x ~ ~ ~~ fl ~ Q v O ~ ~ y ~ ~ z , ~ ~ ~ ~ ~ N a O N ti N ca N N C f~ t U C ~ O O ~ ~ N ~ ac a FOOTNOTES Section )()C)C (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on 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. (S} 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 are met. {10} Provided that no part of any building is located nearer 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 or 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 are 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 for the use are located to prevent traffic hazards on public streets. {13} AIlowed 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. Recreation zone changes Page 1 of 2 )`.and Use Table footnotes (14} Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. {1S} Allowed, provided that the following conditions are 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 parking for the use shall be located to prevent traffic hazards on 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 on 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 Highway. (20) The airport and related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a). {21}Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RUITSH zones. (22} Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the Ed zone. For example, a dormitory used to house students for a school or educational facility. (24) Retail businesses allowed as a secondary use in conjunction with,the primary use (e.g. a gift sho or coffee sho within another business . Recreation zone changes Page 2 of 2 Land Use Table footnotes 7 Z U w N C Gi .~ d i. IC 1~ O C O O et N r 3 0 lp O Z II Z W Y W J m N N Z W w ~_ ~~y V w z W a 0 J w W 0 w o z z z z 0 N O Q O O O ~ O QZI aZI aZ QZI N N N N N ~ U ~ ~ ~ v ~ } E V ?oa i ~ 2 c '~ ~ Q J ~ •U d ~ ~ O y ~ N ~ ~ N N N N N ~ ~ I~ n n f1 t~ ~. O A N N Z Z Z Z n U J ~ r ~ Q rn N ~ ~ Z Z Z Z 0 ~ .~ N C C r Z ` z O O o N ~ o O c ~ N ~ ~ ~ n O] O ~ d ~ n o ~ ~~~, N ~ [O ~ 7 T T •H O r ~ O o O ~ z z z ~ N N _4 O n O O O O Q O ~ ~ ~ ~ d O ~ O O N O V N N N N + O ~ N N ~ ~, ~ c' ' ' - ~ m ~ -'" c t6 L ^ LL ~ .~ 7. C ~ N '~ ro ~ L 6 q ~ 'C 7 L f it 7 Q~ N N 4" O C O .~ ~ ~ bA N ~ G E N .~ U U..I D Q C O % + f~ N C O U N c a~ E O .~ c w 0 c .~ m ~ ~ ~ N 7 a ~ N ai Y N ~ O U ¢ ~ a~i N .~' ~ '+~ Q1 ~ N a o 0 . ~ ~ LU ~ ._ .~ E ~ m ~ ~ ~ ~ ~ ~ '~ ~ ~ cC ~ ~ ~ ~ ~ ~ ~ ~ U . c ~ ~ ~ ~ ~ , ~ cG ' C ~. None ~ O ~ a bA L ~ N N ~ ~ 0 ~ O N U ~ ~ ~N ~~ a~ 7 O ~ O "+ v i C1 ~ O 4~J l ~ ~ ~~~ E .~ . ~ N C ~ N ajJ(~~~ ~ ~ ..~ ZYN ~r,y fx D LLB o O us N ~n ~n ~n r o N ~ ~ a ~ u] N ~ r ~i r ~ r O N c ~j ~ C O U ~ ~ ~ O ~ ~ U _ ~U E U ~ o m _ •- cn '~ J ~ ~ N ~ •U v N N 0 ~ CaD N ~ ~ ~ N ~ C~J U F- y a ~c, ~ a ~n o o u~ ~ CO N r r N A M ~ Z _ Z O N ~ CO N ~ O ~ O M t7 ~ a Ln u~ u~ u7 0 0 ~ ~ M N r *- r N ~ C7 ~ ~ N ~ Lfy Ln N o M V ~ ~-=~ ~ Q7 w ~ N ~ ~ N m-. ~ ~ ~ ~ _ ~ • N Q ~ ~ ~' ~ ~ U O ~ w a~ E in E E 7 7 C o ~ 'a ~ c ~, ~ ro ~' ~ O ~ (6 7 7 •~ •~ ~ fI~ 0 0 _n J H ~ ~ c~ ~ ~ ~ ~ N w O N b~1D .-. W by c~ U N S-. LV O cd ~ 1~. U c~ /~' AGENDA KENAI CITY COUNCIL ~- REGULAR MEETING JULY 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /~vww.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be rernaved from the consent agenda and considered in its normal sequence an the agenda as part of the General Orders. ITEM B: ITEM C: L SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS Ordinance No. 1960-2002 -- Increasing Estimated Revenues and Appropriations by $9,691 in the General Fund for Purchase of a Copier. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 2. Ordinance No. 1961-2002 -- Increasing Estimated Revenues and Appropriations for increased Insurance Costs. /~~~ Gt • -- a. Motion for Introduction j .~- b. Motion for Second Reading (Requires a Unanimous Vote) J/-- ~c. Motion for Adoption ~~?~~ ~ 3 ~• /~~- 4. 5. Resolution No. 2002-48 -- Reaffirming its Support of the State of Alaska DQT/ PF in its Effort to Properly Construct a Safe, Separated Pedestrian anal Bike Path Along the Bridge Access Road. Resolution No. 2002-49 -- Assessing Costs of Abatement at 121$ Lilac, Kenai, Alaska in the Amount of $5,200 as a Lien on the Property, Resolution Na. 2002-50 -- Adopting a Name for the Right-Of--Way Located North of Willow Street to the Airport Proper to be Named Gee Bee Avenue. -1- ~~ , 6. Resolution No. 2002-51-- Transferring $4,000 in the General Fund far the Fire Department Fortion of the Public Safety Radio Maintenance Contract. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Comrnissinn 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8~ Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E: MINUTES *Regular Meeting of June 19, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS /~ ~ . 1. Reconsideration of Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract far Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,881.00. ITEM H: ~~.^~~ 2. ~ ~. ~i~ee~, NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Approval -- Assignment of Lease for Security Purposes/Lot 5, Block 5, General Aviation Apron No. 1 /From Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson. Discussion -- Schedule Board of Adjustment Hearing/ Bill B. and Hannele K. Zubeck appeal of Planning & Zoning Commission approval of PZ02-34-An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 (1515 Lawton Drive), Kenai, Alaska, submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. -2- ~~ ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION i . Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM L: ADJOURNMENT -3- /C,/ KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. July $, 2002 Tentative Agenda MEM6ERS: Philip Bryson Kenai City A. CALL TO ORDER Term Expires 2004 Brent Johnson B. ROLL CALL Kasilof Area Term Expires 2003 C. APPROVAL OF AGENDA, EXCUSED ABSENCES AND MINUTES Todd Petersen , Moose Pass Area Tenn Expires 2004 I . Agenda Dick Troeger Soldotna City 2. Member/Alternate Excused Absences Term Expires 2002 a. Brent Johnson ALTERNATES: Peggy 8oscacci 3. Minutes Seldovia City Term Expires 2003 a. June 24, 2002 Blair Martin Areawide Term Expires 2003 ~ D. SUBDNISION PLAT PUBLIC HEARINGS 1. Mountain Ridge Heights Trippe Addition KPB 2002-129 Swan/Trippe Location: Scout Lake Road, Sterling Area 2. Howarth Subdivision 2002 Addition KPB 2002-132 Swan/Howarth Location: Robinson Loop, Sterling Area 3. Poacher's Cove Owners Association Addition KPB 2002-139 Swan/Poachers Owners Assoc. Location: Off Big Eddy Road, Soldotna Area 4. Alaska State Land Survey No. 2001-23 KPB 2002-130 Integrity/State of Alaska Location: Kenai Lake, Cooper landing Area Cooper Land APC 5. Birch Hollow No 13 KPB 2002-126 Integrity/Poppin Location: South of Sterling Hwy, West of Longmere Lake Postponed from G/24 meeting at the request of the surveyor 6. Kalifornsky Village Subdivision KFB 2002-131 Johnson/Kenaitze Indian Tribe Location: Kalifornsky Beach Road Area 7. Udelhoven Subdivision Mason Addition KPB 2002-135 Johnsan/Mason Location: West of Sterling Hwy, Clam Gulch Area S. Denison Homestead Part 4 KPB 2002-134 McLane/Dunavant Location: West of Kenai Spur Hwy, off Big Eddy Rd. 9. House Subdivision Wanda Addition (Revised Preliminary) KPB 2001-202 McLane/Chumley Location: North of Funny River Road 10. Sleepy Hollow Subdivision Pete's Addition KPB 2002-136 Bear/Waltan Location: South of Longmere Lake in Sterling 11. Hope Lake Subdivision No. 02 KPB 2002-137 Tinker/Letzring Location: North of Tote Rd. West of Sterling Hwy. 12. Longmere Estates Part 06 KPB 2002-143 Tinker/Robinson Location: North of Longmere Lake z 13. Martin's Lakeside Subdivision Addition No. ] KPB 2002-138 Segesser/Martin Location: East of Sterling Hwy. Kasilof Area 14. Wilma's 2002 Addition KPB 2002-140 Borderline/S ymens/Roderi ck Location: West of North Fork Rd. Anchor Point Area Anchor Point APC 15. Deitz Home Estates No. 13 KPB 2002-141 Borderline/HuIsing Location: North of East End Rd., off Glacier View St. K-Bay APC 16. Anglers Crest Addition No. 02 KPB 2002-142 Besse,`Ninilchik Native Assoc. Location: West of Sterling Hwy. & Deep Creek Rd. 17. Stanley's Meadow Linda & Martin's Addn. KPB 2002-125 ImhofflJones Location: South of East End Road K-Bay APC Postponed from 6124 meetiteg at the request of the Plat Committee E. PUBLIC COMMENT F. ADJOURNMENT NEXT REGULAR MEETING The next Kenai Peninsula Borough Plat Committee meeting will be held on July 22, 2002 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-$618 e-mail address: lannin boron h.kenai.ak.us web site: www,borough.kenai.ak.us/planningdent KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING i44 NORTH BINKLEY SOLDOTNA, ALASKA 99669 July 8, 2002 7:30 P.M. Tentative Agenda John Hammelman Chairman Areawide Teton Expires 2062 Philip Bryson Vice Chairman Kenai Ciry Tenn Expires 2004 Peggy G. Boscacci PC Member 5e]davia City Term Expires 2603 Tom Clark PC Member Anchor Point Tetrn Expires 2604 Lynn Hohl PC Member Seward City Term Expires 2002 Brentlohnson PC Member Kasilof Area Tenn Expires 2003 Blair Martin PC Member Areawide Term Expires 2003 Todd Petersen PC Member Moose Aass Term Expires 2004 Bill Smith PC Member City of Nomer Tcrm Expires 2004 Raymond Tauriainen PC Member Nikiski Term Expires 2002 Dick Trocger PC Member Soldotna City Term Expires 2002 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda, If you wish to comment on a consent agenda item or a regular agenda item other than a public heating, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. Time Extension Requests a. Snowland Estates Preliminary Plat KPB File n/a McLane/McGahan Location: West of Holt Lamplight in Nikisici b. Tom's Log Cabins KPB File 2001-014 AndersonlKelly Location: Cottonwood Lane, Anlchar Point area c. Meadow View Estates KPB File 2001-078 Anderson/Kyllonen Location: Anchor Point area 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 -None 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations d. Current Reviews 6. Commissioner Excused Absences a. Brent Johnson b. Bill Smith c. Ray Tauriainen 7. Minutes a. June 24, 2002 Plat Committee Minutes b. June 24, 2002 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS {Items other than thosc appearing on the agenda. Limited !o five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Conditional Use Permit Pursuant to KPB 21. i 8 for the new construction of a 24' x 40' attached garage with a proposed 6.5' x 8' addition on the east side of the building and a 16.5' x 8' addition on the west side of the building. This work will occur along slack water slough approximately 400' from the left bank of the Kenai River at River Mile 41.5 adjacent to Lot 35, Block 1, Kenai River Salmon Run Subdivision, Section 27, T. 5 N., R. 8 W., S.M., AK, (KPB Parcel I.D.: 066-210-07); Petitioner: Lee Holden & Deborah Brown; KPBPC Resolution 2002-26; carried forwazd from June 24, 2002 F. PUBLIC HEARINGS -None G. VACATIONS NOT REQUIRING A PUBLIC HEARIlVG 1. Vacate the 10' utility easement along the east boundary of Lot 7 & $ Block 2 Sandhill Meadows Subdivision (Plat HM 77-83), within Section 10, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2002-133; Petitioners: David M and Jackie Beaz of Ninilchik, Alaska H. SPECIAL CONSIDERATIONS -None SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 17 plats. J. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21.18) -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 -None Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED FUTURE PLANNING COMMISSION MEETING The next Kenai Peninsula Borough Planning Commission meeting will be held July 22, 2002 in the Assembly Chambers, Borough Administration Building, I44 North Binkley, SoIdotna, at 7:30 p.m. OTHER MEETINGS Anchor Paint Advisory Planning Commission July 9 CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning~a~borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept 3 •l ~~ scA ro ~ c~ cC~ MA V G C +~ •~ ~i .P E. ~ ~tf ~ ~ U ~ ~ ~ LL A. GL 0. 4 G.. 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C b ,n '=7 Z ~j'~ :0 a~ w F~ -~ ~, '+• ~ ~+ •~ '~ O Ltl ~+' s5 y '•"' ~' v •*L' ~ N p~" .~'+ A. ~ `4-• ~ rte" ~., •p •D ~ O ,' ~ ~ ~ C O F, C rn ~," '~ p [V CS ~ ar v ~ to ~ O 3 c ~ .n [~ '° v Q, o a c~ „~ o ~, > ro ° ~ ~ o "`' ;~ `~ ° m "~ ~ 'h o ~ C +•," ""'{ W• h .-. •~ a raw ~~ v 0. 0. ~ v p ~~.r 'r7 v v C ~ U ~ °~' °~' Z « U ri a •U ~ ~ .c o 0 0 0 ~ ` o. v .C ~ ro axi " ~ ap ~ U Q ~ ~ c a~ c '° .~ 4 0 ~ ~ ro 3 ~x 3•.~ ° -G one A ~ ~•c.c ~ c~ o CITY OF KENAI rr /, ~ e~ '~l ri~l~G~'1zC` rr ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ ~ FAX 907-283-3014 '~li~' ~~~ Donald R. Erwin 1603 Fathom Drive Kenai, AK 99611 RE: PLANMNG 8~ ZONING COMNIISSION RESIGNATION City of Kenai At their regular meeting of July 3, 2002, the Kenai City Council regretfully accepted your resignation from the Planning & Zoning Commission. Upon your departure from the Commission, the Kenai City Council and City Administration thanks you. The time and effort you contributed to the City during your term on the Commission is an example of a dedicated citizen working for a better tomorrow for the City of Kenai. Again, thank you for your dedication to the Planning 8~ Zoning Commission and the City of Kenai! CITY OF KEN I /' ~ ~ ~ RR A/~~f ~tl ohn J. iams ~' Mayor clf July 5, 2002 ~ ~ g ~~ t c O C7 Z H W W Z O N N 0 c~ Z Z O N o?~ C7 Z_ Z Z g a r N -N ~ W 2 Z Y ~ U ^ OC O w U7 Y W OC m Z V oc o O cn ~ =r m C7 Z O F C~ w 2 Z ~ Y U ^ ~ O W u] Y W GC m Z V m O O sn ^ ~ m c~ z o ~ ca t`O ``1 1v N Z W W Z ~ ~ ~ ^ } 0 C m Z U (r O O cn ~ ~ m C7 Z O H C7 1 r N W = Z Y ~ V ^ O ~ cn Y w m m Z U m O O (A ~ ~ m C7 Z O H C'? ~~ v 0 g L W r ' W Z p .. . uOj Y V ^ m ~ O W ~ Y V ?- a~ W O O m cn Z ^ .~,, m ca z o ~ N ~c~ NAME ~~~ rSG to .. N~~sG~ .i ~, i C~ f~ ~ ~ -~. w 2002 'S~~ T ay v ~n ~~ { s ~ 7G~~~, w SIGN tN SHEET PUBLIC HEARING- i ~ _ _ I inn 2 h (ADDRESS ~~r = ~ ~C~C .~ F ,.w, ~.. ~. c r~ CITY OF ISENAI PLANNING 86 ZONING COM]MIS5ION PUBLIC BEARING NOTICE 210 FIDAI.GO STREET, SUITE 200 KENAI, ALASKA 9967 1-7 794 htta:llwww. ci. ken ai. ak. us The following public hearings have been scheduled fvr the Planning and Zoning Commission meeting of July 10, 2002: PZ02-37-An application far an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision (506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. PZD2-39-An application for a variance from the Development Requirements for alive-foot front setback variance and variance from lot coverage for the property described as Lot 1, Black 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the recreation zone be changed by amending KMC 14.20.145 (Recreation Zone), 14,24.01D (Developments Requirements Table) and 14.22.010 (Land Use Table)1 } to a11ow lodges and bunkhouses as principal permitted uses; 2) to not allow four or more family dwellings as either principal permitted or conditional use; 3} allowing retail businesses as a secondary use in certain cases; and 4}changing minimum lot requirements. The meeting will commence at 7:04 p.m. in the Kenai Cily Council Chambers at 214 Fidalgo Avenue, Kenai. Anyone wishing to present testimony concerning these applications should do so at the hearing or submiF written comments to the City of Kenai, Planning Department, 21D Fidalgo, Suite 240, Kenai, Alaska 99617-7794 prior to the meeting, For more information please contact Marilyn Kebschuli at 283-7535 extension 235. Marilyn Kebschull Planning 8 Zoning Administration Publish: July 3 & 5, 20D2 _~-. ~' AGENDA PLANNING ~ ZONING COMMISSION July 70, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h~alwww.ci ;kenai.ak.us 1.SCHEDULI=D PUBLEC COMMENT: 2.C0NSIDERATION OF PLATS: 3.PUBLIC HEARINGS: PZ02~7--An application for an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision {506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. PZ02~An application for a variance from the Development Requirements far alive-foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. PZ02-40--A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the recreation zone be changed by amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Developments Requirements Table) and 14.22.010 (Land Use Table) 1) to allow lodges and bunld~ouses as principal permitted uses; 2) to not allow four or more family dwellings as either principal permitted or conditional use; 3) allowing retail businesses as a secondary use in certain cases; and 4) changing minimum lot requirements. 4.0LD BUSINESS: S.NEW BUSINESS: 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 sfte (www.ci.kenai.ak.us), or by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: July 8, 2002 ~lrMp~a .~9n~' 71~~~c.