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HomeMy WebLinkAbout2003-02-12 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 12, 2003 - 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. *]anuary 22, 2003 3. SCHEDULED PUBLIC COMMENT: a. City of Kenai Comprehensive Plan -Presentation of Draft Plan -Kevin Waring and Associates 4. CONSIDERATION OF PLATS: a. PZ03-07 -Preliminary Plat -Five Irons Heights Subdivision -Crandall Addition, A resubdivision of Lots 4 & 5, Block 2, Five Irons Heights Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK 99669 5. PUBLIC HEARINGS: a. PZ03-OS-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS 1, RS2, RU zones from a secondary use to a conditional use and, and in the IL, and IH zones from a secondary use to a principal permitted use. 6. OLD BUSINESS:. 7. NEW BUSINESS: S. 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 (1110103 & 1/25/03) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 22, 2003 - 7:U0 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *AlI 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. *January 8, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-03--An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, Kenai, Alaska. 6. OLD BUSINESS: a. Education Zone -- Rezone Study -Discussion -Schedule Work Session 7. NEW BUSINESS: *a. PZ03-04-An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 1, Herman Subdivision, 1314 Fourth Avenue, Kenai, Alaska. Application submitted by Linda Savok, 1314 Fourth Avenue, Kenai, Alaska. *b. PZ03-OS-An application for a Home Occupation Permit for operating a quilting business at the property known as Lot 16, BIock 2, Redoubt Terrace Subdivision Addition #8, 114 Haida Drive, Kenai, Alaska. Application submitted by Jane Kaiser, 114 Haida Drive, P.O. Box 1855, Kenai, Alaska. c. PZ03-06 (PZ97-i 9)-A request for transfer of Conditional Use Permit PZ97-19 (Cabin Rentals and Guide Service) from Wil] Jahrig to Keith Holton for the property described as Lot 12, Angler Acres Subdivision, Part 3 (1215 Angler Drive), Kenai, Alaska. Transfer requested by Keith Holtan, P.Q. Box 741, Kenai, Alaska. d. PZ03-08-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS 1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use -Discussion 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. Code Enforcement AnnuaUYear End Report b. Zoning Bulletin {72124/02) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOiJRNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 22, 2003 - 7:00 P.M. MINUTES ITEM 1: CALL TO ORDER Chairman Gaecke called the meeting to order at approximately 7:00 p.m. Y -a. Roll Call Roll was called and confirmed as follows: Present: Osborne, Tunseth, Nord, Glick, Goecke, Bryson, and Amen. 1-b. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda, including the handout of additional information for Item 5-a and Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. ].-c. Consent Agenda MOTION: Commissioner Osborne MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January $, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ03-03--An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, Kenai, Alaska. MOTION: Commissioner Nord MOVED to approve PZ03-03 and Commissioner Glick SECONDED the motion, Chairman Goecke opened the floor to public testimony. Verbatim: Nancy Henrickson: My name is Nancy Henricksen. I reside and operate Groomingdale's at 1802 Fourth Avenue here in Kenai. Thank you for allowing me the opportunity to present my testimony. I will be as brief as the situation allows, please bear with me. I wish no hardship upon my competition, There is no ill will between us. I believe competition keeps business owners aware of customer needs and I welcome it. All businesses should be a welcome addition to the City of Kenai. Residents will have more options and it will bring money in tax dollars to Kenai coffers. It is not my intent to bring hardship. It is my intent to see that the City of Kenai Planning and Zoning Commission apply fairness and justice overall. Expect of one as you would expect of another. If the City of Kenai expects one wholly enclosed business within a residence that is operating under a conditional use permit to erect a sight-obscuring fence, it should be expected of all. I adamantly object to granting this conditional use permit unless the City of Kenai applies the same condition to this permit as has been applied to mine. This business is of the same nature as mine. Not withstanding, I believe, the same for all business. I have been required to construct asight-obscuring fence by June 30th of 2003, by the determination of the City of Kenai Board of Adjustments. It is my intent to comply. Given my financial hardship, having to construct a fence is likely to be unattractive and an embarrassment. I'm hoping this does not interfere with my income. I think it unfair for the City of Kenai to expect of one, or any of us, to construct asight-obscuring fence for a business that is wholly enclosed within a residence. Why was the condition to construct asight-obscuring fence applied? The City of Kenai Board of Adjustment took the easy way out. The City of Kenai made a fanciful decision within their broad spectrum of power and put me in a position of having to go to great expense, of building a fence and moving or relocating my business. The City of Kenai Board of Adjustment, is improperly named and would be more suitably titled `Board of Arbitration' as they make arbitrary determinations. Why was this necessary? My neighbor has a problem. My business is wholly enclosed. My neighbor works during my business hours. My neighbor has objected to and complained about my dog, my yard, my automobiles, my garbage, my dandelions, PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 2 my fence posts, and my business--both personal and economic. Due to my neighbor's complaints, valuable time and expense has been used in having the City of Kenai code enforcement officer, John Parker, over to my home on two separate occasions. All violations noted on the first visit were remedied and the follow up confirmed this. A second report, instigated by my neighbor, no doubt, resulted in no code violations. Due to my neighbor's complaints valuable time and expense has been used in having City of Kenai animal enforcement officer, Bill Godek, aver to my home on several occasions. There have been no City of Kenai code violations relating to my animals, or their care, in twenty-four years. Nineteen of those twenty-four years have been spent at my location now requiring alight-obscuring fence. My neighbor's lack of presence here this evening regarding this grooming business and its request for a conditional use permit, indicates and validates to me that his complaints are personal in nature and not related to my business and its operation at all. For this reason, I feel you are in a difficult position this evening. I ask you now, given the matters explained to you and that I have a wholly enclosed business, what do I attempt to obscure? The second matter of fairness: kenneling, boarding or day-case aspects of business in Kenai. I find that the City of Kenai limits free enterprise. If properly planned, organized, built, operated in a sanitized facility, would be a tax paying enterprise. Restrictions of numbers being applied or adjoining property owner's objections, I can understand with valid justification. The exclusion, I cannot. In theory I can, given as likely the City of Kenai.... Goecke; You have fifteen seconds. Henricksen: I ask you to modify the conditional use permit and eliminate the requirements to construct alight-obscuring fence by June 30. If you can do this I will withdraw my objection. In closing, I will ask collectively and individually, do you have the courage and heart to bring equal and impartial hardship without prejudice or do you choose to modify the conditions on my arbitrary, unfair, biased and prejudiced conditional use permit in order not to continue to deprive any residents of our civil liberties? I have thirteen signatures under a statement that states, "We, the undersigned, wishing no hardship upon the applicant, support this testimony and we, too, adamantly oppose the approval of this conditional use permit unless and until a modification is made to Groomingdale's conditional use permit to eliminate the condition applied, alight-obscuring fence. We find that the condition is unnecessary for a wholly enclosed business and that the City of Kenai, particularly the Board of Adjustment, abuses the power granted to it by making arbitrary decisions in order to take the "easy way out". We, the undersigned, hold the City of Kenai accountable by signing this document. Thank you. Goecke: Any questions? Inaudible question regarding address PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 3 Henricksen: 1$02 Fourth Avenue, Kenai. Goecke; Anybody else? Mr. Bryson. Bryson: 1 ask that the petition be placed with the City Clerk Henricksen: Certainly. Goecke; Ok. Anybody else? Ivan Schoolcraft: My name is Ivan Schaolcraft and I reside at 1802 Fourth Avenue in Kenai. My question comes, and I have a hard time speaking in front of the public here, but, from what I understand froze communicating with the animal enforcement in Kenai here, that boarding kennels come under zoning and can only be in rural residential subdivisions. I find that this property is not in rural residential subdivision. According to the maps I can find, anyway. If this is going to be done as a boarding, the City is really losing in its definitions of what boarding is and I can't find any definitions in my computer researches on what boarding is or kenneling in the City of Kenai's definitions. So, my concerns would be that the zoning would be proper for kenneling in the City of Kenai. Thank you. Goecke: Any questions? Thank you. Judy Stiedl: Good evening. My name is Judy Stiedl, I live at 313 Rogers Road here in Kenai. Nancy does my grooming at Groomindale's. I have been over there several times. My only problem with her being granted, being able to kennel and stuff, I believe Nancy Hendricksen at Groomingdale's should be allowed to kennel, too. As you are well aware, nobody in the city limits is allowed to kennel and this makes a hardship if any of you own dogs, you realize you have to go all the way to Nikiski to kennel our dogs or we have to go to Kasilof. It's really inconvenient. I believe the City of Kenai is losing a lot of money by not allowing a kenneling in these businesses if it can be monitored and everybody is up to the same rules and standards. I think that would be fair. But, 1 know that with Kmart leaving and a lot of things that this... Kenai is going to pretty much be a ghost town if we don't do something. And I think that we're losing a lot of businesses when we have to Leave the town of Kenai just to find a place for animals. We all have a lot of animals and it would make it a lot more convenient for a Lot of us residents. And I think you guys would be able to monitor them a lot better and make sure care of the animals are taken care of. And, that's all i have to say. Goecke: Any questions? Anybody else? PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 4 Terri Eddens: I am Terri Eddens of the Canine Spa. I wasn't going to speak tonight unless asked questions. As far as the kenneling situation, the boarding, if you will, situation, the type of boarding I do is mostly recommended by veterinarians axed they are geriatric dogs. They are dogs that need special needs. A lot of their outside, they don't have much outside time and when they do go outside, I am going with them. it's like I'm taking the dog for a walk. It's within a closed fence area that I take them but I also take them on a leash so I am with them alI the time. That way I can also oversee their toilet habits to make sure there is nothing wrong with them since these are, most of them, patient dogs. I've spoken with Bill Gadek and he knows the kind of facility that I'm running and under the circumstances, since it's kind of an extended care facility, that I wouldn't need a kennel license, per se. And that's what I have to say about that and as far as having, complaining neighbors, I have none. I believe before you, you have affidavits from each and every one of my neighbors. Pm on a small cul-de-sac, there are five houses on the cul-de-sac, each one of the homeowners, residents of those signed, it's like a petition form that you have. And then I have neighboring apartment buildings on two sides of me and I have letters from those neighbors also. Anyone who is within, oh, five hundred yards of my house....or five hundred feet, I guess, I contacted and most of them don't even realize there is a business there because I keep it very, I mean it's very quiet for having dogs in it. And that's all I have to say. Goecke: Ok. Any questions? Ms. Nord. Nord: How many special needs dogs to you keep at one tune? Eddens: The most I've had there are five and they were ranged from, there was a schnauzer, a toy poodle, Maltese, a Yorkie. That was over the holiday. Normally I have one at a time. Nord: When you have these special needs dogs, you take them out separately or...? Eddens: Yeah, na. I take them one at a time. Nord: One at a time. Eddens: Yes. I never mix my dogs. Nord: What is the average stay of your dogs? Eddens: I've not had anybody leave a dog longer than two weeks with me. Generally, it's shorter than that. The two weekers are long ones, to me. Especially if they're high needs it's a long stay, you know, because I spend a lot of time with them and nurturing them and I also do pet massage on them to help them relax while they are PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 5 there. That's one of the services I offer and that's, you know, people seem to really enjoy that fox their pets. Nord: Thank you. Goecke: Anybody else? Mr. Amen. Amen: Several questions. You said you had a five maximum. What's the maximum number of dogs you feel like you could take care of yourself? Edden: I wouldn't want in there any more than six or seven. The five was a lot of work. So, I`d probably keep it at five. Amen.: Ok. And this (inaudible) has a fence? What type of fence is that? Edden.: It's a, I believe it's fve foot high. Amen: It says a five fence on the sketch. Edden: Yes. Amen: And the type of fence? Edden: Oh, I'm sorry. It's chain link. Amen: In your interpretation what is the difference between boarding and kennelizag? Edden: There is none. I just use the two terms. I call it extended care, because of the type that I do. Goecke: Ok. Anybody else? Ok. Thank you. Edden: Thank you. Goecke: Ok. At this point in time well bring it back to the Commission and ask staff if they have anything additional on this item. Kebschull: The only thing that I would have in addition, is I did receive one phone call from an applicant, or from one of the neighbors who couldn't be here tonight and it was Mr. Kernble anal he stated he rents his house...he's directly next door to Ms. Eddens, and he basically said they had had no problems with the dogs there. He said one time he was there and there were some dogs barking but she was right there and he thought they may have even been her personal animals. He just said he didn't have any problem at all with it, PLANNING 8~ ZONING COMMISSION MEETING JANUARY 22, 20x3 PAGE 6 Goecke: Ok. Mr, Bryson. Bryson; Question for staff. I presume that this petition is m suburban residential. As is, what the former petition. Is that correct? (Unknown}: That is correct. I have the map here if you'd like to see. Bryson: And in both cases I have traditionally seen uses required for (inaudible). Kebschull: The code does not have a list for grooming and in those cases we consider a conditional use required. However, animal boarding is listed as conditional use in the land use table. Bryson; In regard, specifically, to the conditional use of that petition, (inaudible} that exists, do you find any difference between these two situations? Specific to the conditional use itself? Other than requirements put on by the Board of Adjustment? Kebschull: The only, as far as the application I see no difference. Tunseth: I have a question regarding the Groomingdale's...is that actually a separate issue? She mentioned that the Board of Adjustment actually made the ruling on her having to have a fence. Is that due to an appeal? Kebschull: Yes. That's correct. It was denied at this level and it was appealed by the applicant and the Board of Adjustment ruled the permit could be granted with that requirement. Goecke: Mr. Bannock. Bannock: Mr. Chair, if I could just speak to that just briefly. When the council sits as a Board of Adjustment, there are, in essence, three actions that the council can take. They can take the action to deny the request. In this instance it would have been to uphold the planning and zoning commissions decision. Or to overturn the Planning and Zoning...there are four things. Remand it back to Planning and Zoning because maybe something else happened or changed or something like that. Or, they, acting as a Board of Adjustment can actually pass the conditional use permit, acting with the same authority that the Planning and Zoning has with your ability to place conditions on things. So those are the four things that the code has granted the Council when acting as a Board of Adjustment. What the Council did, what the Board of Adjustment did, is they acted on the fourth option where we almost, I hate to use this word, assumed your powers but we acted like the Planning and Zoning could in granting the request by putting conditions on it, much like you have the authority to place, as well. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 7 Kebschull: Mr. Chairman I would like to remind that the question Mr. Bryson just asked me as far as the applications were the same, however, the Planning Commission did amend and Ms. Henricksen agreed not to kennel pets. So, when the action was denied at this level it was strictly denied for an amended petition for the grooming. And, as my understanding it was not approved for boarding at the Board of Adjustment. Nord: I just don't remember this at all. I'm...did the Planning and Zoning Commission deny it and...apparently Ihad been out of town and was not here. Henricksen: Could I briefly recap far you what happened? Bryson: I, it was defeated at the Planning Commission level by a 3-1 voting favor due to a lack of quorum. It was reconsidered with a switch of voting and it was again defeated by a 3-1 vote, three in favor. At that point it was perceived to be denied, it was appealed, and went to Council as the Board of Adjustment and they had their hearing. Nord: Thank you. Goecke: Mr. Amen. Amen: Thank you, Mr. Chairman. I have a question for staff, is there anything different between boarding and kenneling, is there a number of dogs involved, or, what's that do? Kebschull: I believe that kennel permits are issued by the animal control officer and he has criteria in his section of the code. I'm not sure what that is, but if you have more than three adult animals, I believe it is, in the City of Kenai, you require a kennel permit. And it may be your own animals, it's just a number and I don't have a copy of the code here but that's what it is. They allow for you to have puppies up to a certain age and then you have to get rid of them or have a kennel permit. So, people in the city who had kennel permits don't necessarily take care of other people's pets. Boarding is in our section of the code where you actually do it as a business. Henricksen: And boarding is not defined within the zoning code. Kenneling is defined in the animal control code. Sorry. I'm sorry. Sorry. Goecke: You can't be speaking from back there. First off it can't be recorded. Henricksen: Can I step to the podium? Goecke: Make it brief. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 8 Henricksen: Boarding falls under zoning. It is not defined under zoning definitions. Kenneling falls under animal control. It is defined as a person wha keeps four or more dogs over the age of four months. What needs to be definitive in there is the word keeps. What does keeps mean? Do you own it? Do you partially own it? Is it your friends, your neighbors, do you take money do you not. Thank you. Goecke: Ok. Mr. Bryson, you Iook like you have a question. Bryson: Well, concerning the grooming, I find very little difference between the two situations. If anything, specific to the conditional use there is less activity taken place on Fourth Street location as opposed to Shamrock Circle. Be that as it may, I will be voting in favor of the conditional use that is before us tonight. Tunseth: Just another question. Regarding this issue, this requirement of having a fence that was placed upon Ms. Henricksen was actually placed upon her by the Board of Adjustment. Kebschull: That's correct and her next step was to take it to court; to the Superior Court. That was her next step with appeal. The Planning Commission cannot take action on an action by the Board of Adjustment. Goecke: Mr. Glick. Glick: The big difference I see here is that this is in a cul-de-sac and it's very close to other houses and all the people around her say they don't mind, it's not a problezxz, she does have a fence, however it's not alight-obscuring fence. The dogs are not out there very often. And I Iive within a block of where this activity takes place, I don't ever see anything out of Order down there, so I'rn going to be voting in favor of the conditional use. Goecke: Anybody else? Ok. Seeing none we'll call for questian. VOTE: Chairman Goecke stated anyone wishing to appeal could do so within fifteen days at the City Clerk's office. ITEM 6: OLD BUSINESS PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 9 MOTION PASSED UNANIMOUSLY. 6-a. Discussion -- Schedule Work Session/Education Zone/Rezone Study Kebschull explained the Commission previously passed a resolution recommending an education zone be formed and council then passed an ordinance amending the zoning code to add the zone. She added, additional information had been received from the Borough to have the Commission review the properties to be recommended for inclusion in the zone. Kebschull noted, the public presentation of the Comprehensive Plan was scheduled for February 12 and noted she would be absent for the second meeting in February. Due to these issues, the Commission set a work session to be held imrnedzately following their March 12 meeting. ITEM 7: NEW BUSINESS 7-a. PZ03-04 -- An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 1, Herman Subdivision, 1314 Fourth Avenue, Kenai, Alaska. Application submitted by Linda Savok, 1314 Fourth Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. PZ03-05 -- An application for a Home Occupation Permit for operating a quilting business at the property known as Lot 16, Block 2, Redoubt Terrace Subdivision Addition #8, 114 Haida Drive, Kenai, Alaska. Application submitted by Jane Kaiser, 114 Haida Drive, P.O. Box 1855, Kenai, Alaska. Approved by consent agenda. 7-c. PZ03-Ob (PZ97-19~ -- A request for transfer of Conditional Use Permit PZ97-19 (Cabin Rentals and Guide Service) from Will Jahrig to Keith Holton for the property described as Lot 12, Angler Acres Subdivision, Part 3 (1215 Angler Drive), Kenai, Alaska. Transfer requested by Keith Holton, P.O. Box 741, Kenai, Alaska. MOTION: Commissioner Osborne MOVED for approval of Resolution PZ03-06 and Commissioner Glick SECONDED the motion. Kebschull explained the code allows for a transfer of a conditional use permit upon written request as long as the applicant agrees to adhere to the original conditions. In PLANNING 8~ ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 10 this case, Mr. Holtan purchased the property from the Jahrig's and has agreed to adhere to the original conditions. She also noted, she had not received any complaints from neighboring property owners. VOTE: Osborne Yes Tunseth Yes Nord Yes Glick Yes Goecke Yes B son Yes Amen Yes MOTION PASSED UNANIMOUSLY. 7-d. PZ03-08 Discussion -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RRI, RS, RS 1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use. Kebschull reported she and City Attorney Graves reviewed the Land Use Table and noted parks and recreation are currently listed as secondary uses in several zones and there is no primary use. She added, it basically meant no parks would be allowable in most of the city zones. She noted, this was an anomaly overlooked when the Land Use Table was amended in the past. Kebschull stated, the situation needed to be clarified, either by determining parks and recreation to either be a "C" or "P." She added, administration did not feel there were any zones where parks or recreation should be not allowed. Bryson noted a concern that it was not known, by definition, if parks and recreation was limited to only municipal use or could it be quasi-public or a business. He noted, a golf course is a recreation but also a business. Bryson continued, if the requirement was made of primary use in residential zones grid the Lions Club wanted to build a skateboard park, far example, it would not be private or a business, but would have an impact. Bryson added, he felt, in all circumstances, parks and recreation should be a permitted use, and modify the definition of parks and recreation to be only municipal and the council can then make a determination. Goecke stated he agreed and thought the matter should be discussed further, but f rst go to council and the Parks & Recreation Commission to determine a definition. Kebschull explained, when no definition is available, the common definition is used. In this case, parks and recreation was listed under Public and Institutional in the zoning district table and then could be municipal, borough, or state, but not private use. She added, should a conditional use permit be required before the approval of the plat? She noted, the city attorney suggested it could be listed as municipal use and "C" under higher density zones and "P" in the commercial and industrial zones, PLANNING 8v ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 11 etc. Kebschull suggested the matter should be brought forward for a public hearing. Bryson stated he had no objection to the determination of placing a park being reviewed and approved by council. He added, he felt the Commission should be able to limit the use in residential zones. Bannock suggested the Commission should determine whether they wanted the issue to return to them as a public hearing to make a formal recommendation. He added, in reference to Bryson's comments, it was easy to discuss commercial versus public, but there can be a public/commercial operation, i.e. the Recreation Center, a public facility. He encouraged the Commission not to get too concerned about the commercial versus municipal aspect, but rather an applications standpoint. Kebschull asked if the Commission would be comfortable with a resolution to recommend changing the "S" in the residential zones with "C." Because the city takes a long time in developing a park, she didn't think it would be a problem. She also suggested changing parks and recreation to "P" in the Industrial and Commercial zones. Bryson stated, it would be important to make the change from "S" to "P" as it would place precedence on interpretation of other areas where principle use is not performed on the property. Kebschull added, currently the code does not allow for a variance as it states the use must be a principle permitted use and technically, in those zones, no parks and/or recreation is allowed. Bryson stated he was supportive of the conditional use approach. Kebschull stated she would bring back a revised recommendation for a resolution stating to change the "S" in residential zones to "C" and in Commercial and Industrial, changing the "S" to "P." Those not to be changed are currently listed in the Education, Recreation, Townsite and Conservation Zones. There were no objections. ITEM 8: PENDINCir ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Bannock reviewed the action agenda of the January 15 council meeting and noted the following: + The presentations prepared for the Arctic Winter Games Site Selection Committee were very successful. • Commissioner Goecke was reappointed to the Commission and the resignation of Commissioner Nord was accepted. • A public hearing, without an ordinance, regarding smoking in eating establishments will be held at the February 5 council meeting. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 12 10-b. Borough Planning -- Commissioner Bryson reviewed the actions taken by the Borough Planning Commission at their January 13 meeting and noted the following: • A petition for vacation of three feet on a lot on Candlelight Drive was approved. • A petition to reclassify 400 acres of Borough land for agricultural use was approved and the Assembly will now have to approve the reclassification and determine the method of transfer of the property to the general public or individuals. Nord noted a state statute requires properties within one mile of agricultural properties disclose the agricultural property to potential purchasers. She added, she was concerned due to the many homes in the area of the property to be reclassified. YO-c. Administration -- Kebschull reported the following: + In regard to the certified mail requirement discussion, she was asked by the city manager to obtain a clarification of delivery confirmation and whether using this method would glue verification of receipt and whether it would save money. Kebschull noted she met with post office personnel who indicated the cost savings would be approximately twelve cents if the item were mailed at the regular x.37 fee. She added, the use of large envelopes is required and no signature is required at the time of receipt, however a person would not have to stand in line at the post office to pick up the mailing, but there would also be no knowledge of whether the item was picked up. + The yearly reports were completed and all were in compliance and they also found there were some permits no longer active. It was noted 22 out of 23 property owners had received certified mailings of the public hearing held during the meeting and it appeared only ane of those receiving the notices attended the meeting. Bannock stated he felt council was being cautious and didn't want the public to feel they were not being informed. He also noted, there is no Legal reason for the certified mailings and administration is in support of discontinue the requirement. He believed a compromise might come sometime in the future. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Code Enforcement Annual/Year End Report 12-b. Zoning Bulletin (12/24/02) ITEM 13: COMMISSION COMMENTS & UESTIONS Amen -- No comments. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 13 Bryson -- No comments. Goecke -- Thanked Commissioner Nord for her work and interest while serving on the Commission. Glick -- Reported he would not be in attendance at their February 12 Commission meeting. Nord -- Stated it had been a pleasure serving on the Commission and would miss working with the commissioners, administration and public. She also noted she was glad the Commission approved the conditional use permit for the animal care facility as it served the community with special needs dogs. Tunseth -- No comments. Osborne -- No comments. ITEM 14: ADJOURNMENT MOTION: Commissioner Osborne MOVED for adjournment and there were no objections. 50 ORDERED. The meeting adjourned at approximately $:20 p.m. Minutes transcryibed and prepared by: ~~/d5 . Carol L. Freas, City Clerk PLANNING 8~ ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 14 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Jannary 22, 2003 - 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. *January 8, 2003 3. SCHEDULED FUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-03-An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, Kenai, Alaska. 6. OLD BUSINESS: a. Education Zone -Rezone Study -Discussion -Schedule Work Session 7. NEW BUSINESS: *a. PZ03-04-An application far a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 1, Herman Subdivision, 1314 Fourth Avenue, Kenai, Alaska. Application submitted by Linda Savok, 1314 Fourth Avenue, Kenai, Alaska. *b. PZ03-OS-An application for a Home Occupation Permit for operating a quilting business at the property known as Lot 16, Block 2, Redoubt Terrace Subdivision Addition #~8, 114 Haida Drive, Kenai, Alaska. Application submitted by Jane Kaiser, 114 Haida Drive, P.O. Box 1855, Kenai, Alaska. c. PZO~-06 (PZ97-19)-A request for transfer of Conditional Use Permit PZ97-19 (Cabin Rentals and Guide Service) from Will Jahrig to Keith Holton for the property described as Lot 12, Angler Acres Subdivision, Part 3 (1215 Angler Drive), Kenai, Alaska. Transfer requested by Keith Holton, P.O. Box 741, Kenai, Alaska. d. PZ03-08-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.OI0 be amended to change parks and recreation in the RR, RR1, RS, RS1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use -Discussion 8. PENDING ITEMS: 9. CODE ENFORCEMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 22, 2003 - 7:00 P.M. MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was called and confirmed as follows: Present: Osborne, Tunseth, Nord, Glick, Goecke, Bryson, and Amen. 1-b. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda, including the handout of additional information for Item 5-a and Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1-c, Consent Agenda MOTION: Commissioner Osborne MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 8, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ03-03-An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, Kenai, Alaska. my fence posts, and my business--both personal and economic. Due to my neighbor's complaints, valuable time and expense has been used in having the City of Kenai code enforcement officer, John Parker, over to my home on two separate occasions. All violations noted on the first visit were remedied and the follow up confirmed this. A second report, instigated by my neighbor, no doubt, resulted in no code violations. Due to my neighbor's complaints valuable time and expense has been used in having City of Kenai animal enforcement officer, Bill Godek, aver to my home on several occasions. There have been no City of Kenai code violations relating to my animals, ar their care, in twenty-four years. Nineteen of those twenty-four years have been spent at my location now requiring asight-obscuring fence. My neighbor's lack of presence here this evening regarding this grooming business and its request for a conditional use permit, indicates and validates to me that his complaints are personal in nature and not related to my business and its operation at all. For this reason, I feel you are in a difficult position this evening. I ask you now, given the matters explained to you and that I have a wholly enclosed business, what do I attempt to obscure The second matter of fairness: kenneling, boarding or day-care aspects of business in Kenai. I find that the City of Kenai limits free enterprise. If properly planned, organized, built, operated in a sanitized facility, would be a tax paying enterprise. Restrictions of numbers being applied or adjoining property owner's objections, I can understand with valid justification. The exclusion, I cannot. In theory I can, given as likely the City of Kenai.... Goecke: You have fifteen seconds. Henricksen: I ask you to modify the conditional use permit and eliminate the requirements to construct asight-obscuring fence by June 30. If you can do this I will withdraw my objection. In closing, I will ask collectively and individually, do you have the courage and heart to bring equal and impartial hardship without prejudice or do you choose to modify the conditions on my arbitrary, unfair, biased and prejudiced conditional use permit in order not to continue to deprive any residents of our civil liberties? I have thirteen signatures under a statement that states, "We, the undersigned, wishing no hardship upon the applicant, support this testimony and we, too, adamantly oppose the approval of this conditional use permit unless and until a modification is made to Groomingdale's conditional use permit to eliminate the condition applied, asight-obscuring fence. We find that the condition is unnecessary for a wholly enclosed business and that the City of Kenai, particularly the Board of Adjustment, abuses the power granted to it by making arbitrary decisions in order to take the "easy way out". We, the undersigned, hold the City of Kenai accountable by signing this document. Thank you. Goecke: Any questions Inaudible question regarding address. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 3 Terri Eddens: I am Terri Eddens of the Canine Spa. I wasn't going to speak tonight unless asked questions. As fax as the kenneling situation, the boarding, if you will, situation, the type of boarding I do is mostly recommended by veterinarians and they axe geriatric dogs. They are dogs that need special needs. A lot of their outside, they don't have much outside time and when they do go outside, I am going with them. It's like I'm taking the dog for a walk. It's within a closed fence area that I take them but I also take them on a leash so I am with them all the time. That way I can also oversee their toilet habits to make sure there is nothing wrong with them since these axe, most of them, patient dogs. I've spoken with Bill Godek and he knows the kind of facility that I'm running and under the circumstances, since it's kind of an extended care facility, that l wouldn't need a kennel license, per se. And that's what I have to say about that and as far as having, complaining neighbors, I have none. I believe before you, you have affidavits from each and every one of my neighbors. I'm on a small cul-de-sac, there are five houses on the cul-de-sac, each one of the homeowners, residents of those signed, it's like a petition form that you have. And then I have neighboring apartment buildings on two sides of me and I have letters from those neighbors also. Anyone who is within, oh, five hundred yards of my house....or five hundred feet, I guess, I contacted and most of them don't even realize there is a business there because I keep it very, I mean it's very quiet far having dogs in it. And that's all I have to say. Goecke: Ok. Any questions? Ms. Nord. Nord: How many special needs dogs to you keep at one time? Eddens: The most Iwe had there are five a.nd they were ranged from, there was a schnauzer, a toy poodle, Maltese, a Yorkie. That was over the holiday. Normally I have one at a time. Nord: When you have these special needs dogs, you take them out separately or...~ Eddens: Yeah, no. i take them one at a time. Nord: One at a time. Eddens: Yes. I never mix my dogs. Nord: What is the average stay of your dogs? Eddens: I've not had anybody leave a dog longer than two weeks with me. Generally, it's shorter than that. The two weekers are long ones, to me. Especially if they're high needs it's a long stay, you know, because I spend a lot of time with them and nurturing them and I also do pet massage on them to help them relax while they are PLANNING 8v ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 5 Goecke: Ok. Mr. Bryson. Bryson: Question for staff. I presume that this petition is in suburban residential. As is, what the former petition. Is that correct? (Unknown): That is correct. I have the map here if you'd like to see. Bryson: And in both cases I have traditionally seen uses required for (inaudible). Kebschull: The code does not have a list for grooming and in those cases we consider a conditional use required. However, animal boarding is listed as conditional use ixi the land use table. Bryson: In regard, specifically, to the conditional use of that petition, (inaudible) that exists, do you find any difference between these two situations? Specific to the conditional use itself? Other than requirements put on by the Board of Adjustment? Kebschull: The only, as far as the application I see no difference. Tunseth: I have a question regarding the Groomingdale's...is that actually a separate issue? She mentioned that the Board of Adjustment actually made the ruling on her having to have a fence. Is that due to an appeal? Kebschull: Yes. That's correct. It was denied at this level and it was appealed by the applicant and the Board of Adjustment ruled the permit could be granted with that requirement. Goecke: Mr. Bannock. Bannock: Mr. Chair, if I could just speak to that just briefly. When the council sits as a Board of Adjustment, there are, in essence, three actions that the council can take. They can take the action to deny the request. In this instance it would have been to uphold the planning and zoning commissions decision. Or to overturn the Planning and Zoning...there are four things. Remand it back to Planning and Zoning because maybe something else happened or changed or something like that. Or, they, acting as a Board of Adjustment can actually pass the conditional use permit, acting with the same authority that the Planning and Zoning has with your ability to place conditions on things. So those are the four things that the code has granted the Council when acting as a Board of Adjustment. What the Council did, what the Board of Adjustment did, is they acted on the fourth option where we almost, I hate to use this word, assumed your powers but we acted like the Planning and Zoning could in granting the request by putting conditions on it, much like you have the authority to place, as well. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 20x3 PAGE 7 Henricksen: Boarding falls under zoning. It is not defined under zoning definitions. Kenneling falls under animal control. It is defined as a person who keeps four or more dogs over the age of four months. What needs to be definitive in there is the word keeps. What does keeps mean? Do you own it? Do you partially own it? Is it your friends, your neigk~bors, do you take money do you not. Thank you. Goecke: Ok. Mr. Bryson, you look like you have a question. Bryson: Well, concerning the grooming, I find very little difference between the two situations. If anything, specific to the conditional use there is less activity taken place on Fourth Street location as opposed to Shamrock Circle, Be that as it may, I will be voting in favor of the conditional use that is before us tonight. Tunseth: Just another question. Regarding this issue, this requirement of having a fence that was placed upon Ms. Henricksen was actually placed upon her by the Board of Adjustment. Kebschull: That's correct and her next step was to take it to court; to the Superior Court. That was her next step with appeal. The Planning Commission cannot take action on an action by the Board of Adjustment. Goecke: Mr. Glick. Glick: The big difference 1 see here is that this is in a cul-de-sac and it's very close to other houses and all the people around her say they don't mind, it's not a problem, she does have a fence, however it's not asight-obscuring fence. The dogs are not out there very often. And I live within a block of where this activity takes place, I don't ever see anything out of order down there, so I'm going to be voting in favor of the conditional use. Goecke: Anybody else? Ok. Seeing none we'll call for question. VOTE: Osborne Yes Tunseth Yes Nord Yes Glick Yes Goecke Yes B san Yes Amen Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke stated anyone wishing to appeal could do so within fifteen days at the City Clerk's office. ITEM 6: OLD BUSINESS PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2D03 PAGE 9 this case, Mr. Holton purchased the property from the Jahrig's and has agreed to adhere to the original conditions. She also noted, she had not received any complaints from neighboring property owners. VOTE: Osborne Yes Tunseth Yes Nord Yes Glick Yes Goecke Yes B son Yes Amen Yes MOTION PASSED UNANIMOUSLY. 7-d. PZ03-08 Discussion -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR 1, RS, RS 1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use. Kebschull reported she and City Attorney Graves reviewed the Land Use Table and Hated parks and recreation are currently listed as secondary uses in several zones and there is no primary use. She added, it basically meant no parks would be allowable in most of the city zones. She noted, this was an anomaly overlooked when the Land Use Table was amended in the past. Kebschull stated, the situation needed to be clarified, either by determining parks and recreation to either be a "C" or "P." She added, administration did not feel there were any zones where parks or recreation should be not allowed. Bryson noted a concern that it was not known, by definition, if parks and recreation was limited to only municipal use or could it be quasi-public or a business. He noted, a golf course is a recreation but also a business. Bryson continued, if the requirement was made of primary use in residential zones and the Lions Club wanted to build a skateboard park, for example, it would not be private or a business, but would have an impact. Bryson added, he felt, in all circumstances, parks and recreation should be a permitted use, and modify the definition of parks and recreation to be only municipal and the council can then make a determination. Goecke stated he agreed and thought the matter should be discussed further, but first go to council and the Parks & Recreation Commission to determine a definition. Kebschull explained, when no definition is available, the common definition is used. In this case, parks acid recreation was listed under Public and Institutional in the zoning district table and then could be municipal, borough, or state, but not private use. She added, should a conditional use permit be required before the approval of the plat? She noted, the city attorney suggested it could be listed as municipal use and "C" under higher density zones and "P" in the commercial and industrial zones, PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 11 10-b. Borough Planning -- Commissioner Bryson reviewed the actions taken by the Borough Planning Commission at their January 13 meeting and noted the following: • A petition for vacation of three feet on a lot on Candlelight Drive was approved. • A petition to reclassify 400 acres of Borough land for agricultural use was approved and the Assembly will now have to approve the reclassification and determine the method of transfer of the property to the general public or individuals. Nord noted a state statute requires properties within one mile of agricultural properties disclose the agricultural property to potential purchasers. She added, she was concerned due to the many homes in the area of the property to be reclassified. 10-c. Administration -- Kebschull reported the following: • In regard to the certified mail requirement discussion, she was asked by the city manager to obtain a clarifcation of delivery confirmation and whether using this method would give verification of receipt and whether it would save money. Kebschull noted she met with post office personnel who indicated the cost savings would be approximately twelve cents if the item were mailed at the regular $.37 fee. She added, the use of large envelopes is required and no signature is required at the time of receipt, however a person would not have to stand in line at the post office to pick up the mailing, but there would also be no knowledge of whether the item was picked up. • The yearly reports were completed and all were in compliance and they also found there were some permits no longer active. It was noted 22 out of 23 property owners had received certified mailings of the public hearing held during the meeting and it appeared only one of those receiving the notices attended the meeting. Bannock stated he felt council was being cautious and didn't want the public to feel they were not being informed. He also noted, there is no Iegal reason for the certified mailings and administration is in support of discontinue the requirement. He believed a compromise might come sometime in the future. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Code Enforcement Annual/Year End Report 12-b. Zoning Bulletin (12/24/02) ITEM I3: COMMISSION COMMENTS 8L QUESTIONS Amen -- No comments. PLANNING 8s ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 13 STAFF REPORT To: Planning & Zoning Commission Date: January 23, 2003 ~a Res: PZ03-07 GENERAL INFORMATION Applicant: Whitford Surveying 260-9092 P.O. Box 4032 Soldotna, AK 99669 Requested Action: Preliminary Plat - Five Irons Heights Subdivision -- Crandall Addition legal Description: Lot 4A, Five Irons Heights Subdivision - Crandall Addition Street Address: 1318 & 1320 Lawton Drive KP13 Parcel No.: 0493$210 & 0493821 1 Existing Zoning: R -Recreation Current Land Use: Vacant land Use Pian: Medium Density Residential ANALYSIS This is a resubdivision of Lots 4 & 5, Block 2, Five Irons Heights Subdivision. The plat removes a lot line. The resulting Lot 4A meets the zone requirements for lot size. City Engineer: No other comments. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ03-07 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-07 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat FIVE IRON HEIGHTS SUBDIVISION - CRANDALL ADDITION was referred to the City of Kenai Planning and Zoning Commission on Januar 22 2003 and received from Whitford Surveying. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned R -Recreation and therefore subject to said zone conditions. 2. Water and sewer: Available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE FIVE IRON HEIGHTS SUBDIVISION - CRANDALL ADDITION SUBJECT TO ANY NEGATIVE FINDfNGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAf, ALASKA, Februar T 2 2003. CHAlRPEI ATTEST: \ ~ m~J ;~ ~ __ 0 n ~ ~ ~ hm ~~ ~ u~ a ~ ~, Z ~Q C ~d ~ ZP ZeZ ~ ~ ~ ~ V s ~~~ w `x a `.5~~pp _~ ~~ W~ uti Diu ii~ S b ~ r 5 '~I~o 7°0° q y1 ~ s fn W ~o~~ ~ p •E I ~ _ M Q p~~ 0a~ r d a d F4~ Ong a ~ gF~ ~ ~ ~~ ~ ~~ ~ ~ 0 Z o~ V 4 0 ~_ _ ~ ~ F a ~'~ ~ ~~~~ w ~ u r~ i ~g a 1~ ~~ ~ 0 ~ LLl ~ i~ w XW ~ ~~ ~? r w ~z ~ LLMMJ ~ ~F~kFQ I.M F ~ ~ I IB m 0 ~ .i r zr f ~- ~ - I ~ ~ I ~ ~ ~ = ~ ~ ~ ~ ~ ~o ~ ~ f F • ; s a ~ s $ ~ - ~ 6 - rxi ~o+ r3nroi ~ E ~ ~ ~ _. 3~ n i ~~ ~ y ~ ~g ~~ a §I z ~~ E ~ ~ ~-~ I~ Z _i ~ i~ ~ a~ _~~ ~6 ~ ~s g~ . II a z ~ x egg ~~ i ~ ~; ~ ~8 s ~ ~ s~ ~~E ~ ~~ ~s ~~~ a ~~ ~~- CITY OF KENAI PLANNING & ZONING COMMISSION PZ03-0$ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE LAND USE TABLE iN KMC 14.22.010 BE AMENDED TO CHANGE PARKS AND RECREATION IN THE RR, RR1, RS, RS1, RS2, AND RU ZONES FROM A SECONDARY USE TO A CONDITIONAL USE AND, IN THE IL AND IH ZONES, FROM A SECONDARY USE TO A PRINCIPAL PERMITTED USE. WHEREAS, parks and recreation is currently listed as a secondary use in the RR, RR 1, RS, RS 1, RS2, RU, IL and IH zones; and WHEREAS, parks and recreation would not be developed as a secondary use; and WHEREAS, parks and recreation should be allowed in residential zones (RR, RR1, RS, RS1, RS2 and RU) as a conditional use; and, WHEREAS, parks and recreation is compatible with the intent of the IL and IH zones as a principal permitted use; and WHEREAS, inclusion of parks and recreation as allowed in residential zones (RR, RR1, RS, RS1, RS2 and RU) as a conditional use and as a principal permitted use in the 1L and IH zones is consistent with the 1992 Kenai Comprehensive Plan (Revised 1996); and WHEREAS, it is in the best interest of the City of Kenai to allow parks and recreation to be a principal permitted use in industrial zones and to allow parks and recreation to be a conditional use in residential zones. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.22.010 as shown on Attachment A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of Febniary 2003. Chairman ATTEST: `•, ~ ~~. ~: ~' KEY: P=Principal Permitted tJse C=Conditional Use S=Secondary use N-Not Permitted LAND USE 'FABLE NOSE: Reference footnotes on Fotlowing pages for additional restrictions. LAND USES C RR RR1 RS RSl RS2 RU CC CG IL IH ED R TSH Theaters! N Commercial Recreation C C1e C N N G P P G C N P G INDUSTRIAL LAND U5E5 C Related Uaea RR RRI RS RSl RS2 RU CC CG IL IH ED R TSH Automotive Repair! N Tire Recapping) Rebuilding Gas Manufacture! N Storage C N G19 Gf0 C'~ C`~ N N N N C N P N P N P C~ P N Cs N N N N N Manufacturing! N Fabricating/ AasemblylStorage C C C N N C C P P P N C C Warehouses N C C19 C N N G C ga p P N C N PUBLICI 1 NSTITUTIONAL LAND USES C Churches C Clinics C RR poo C RRI Pm C RS Poo C RS1 Peo C RS2 Poo C RU Pio C CC Pou P CG Pia P IL C P IH ED C P C P R p'0 C TSH P C Colleges C C C C C C C P P C C P C C Elementary Schools C C C C C C C P P C C P C C Governmental Buildin a C C C C C C C P P P C F C C High Schools C C G C C C C P P C C P C C Hospitals C C C C C C C p P P C C C C Libraries C C C C C G C12 P P P C P C P Museums C C C G C C C P P P C P C P Parka and Recreation P C C C C G ~ p p p p p p p Sanitariums C C C G C C C G C C C C C C Attachment A Page 2 of 3 PLANNING 8b ZONING COMMISSION `~~ Meets Second and Fourth Wednesday - 7:00 p.rn. Commission Member Name aad Address Home Phone Business Phaae Email Address Tern Ends Nelson Amen P.O. Box 357 283-6085 775-$191 namenfu?tesoronetroleum com 2006 Kenai, AK 99611 Carl Glick P.O. Box 528 283-7644 2004 Kenai, AK 99611 **Phil Bryson P.O. Box 1041 283-4428 283-4672 2004 Kenai, AK 99611 John "Ozzie" Osborne P.D. Box 3076 283-5722 283-5377 (f) 283-4855 wizard u; ci.net 2005 Kenai, AK 99611 Larry 'Itiinseth 696 Poplar Circle 283-7282 283-5636 (pJ 283-3062 (f) lar unsetE~ a'hotmail.com 2005 Kenai, AK 99611 *Ron Goecke P.O. Box 3474 283-9436 283-7070 2006 Kenai, AK 99611 * Kenai, AK 99611 2006 Councilman Duane Bannock 1105 First Street Kenai, AK 99611 283-3158 283-3949(p) 283-650b (f) Sharon Harris, Department 283-7535, Assistant, Ci Clerk's Office ext. 250 *Chair **Chair (1/ 16/2003y j ' ~~C~., AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt «~v.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (~`} are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes} 1. Betsy Arbelovsky -- Community Care Foundation ITEM C: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCII.S ITEM D: PUBLIC HEARINGS ~ ~,,~~,c~ 1. Public Heariag -- Regulating Smoking in Eating Establishments 2. Ordinance No. 1987-2003 -- Amending KMC 23.50.010 to Change the Range of /LLt1i,1.y~ ~, the Police Trainee While Attending the Public Safety Academy at Sitka to a Range 2. 3. Ordinaace No. 1988-2003 -- Amending KMC 7.15.OS0 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. ~~i~, `~. Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No, 4 Capital Project Fund and $950,000 in the Water and Sewer Special Revenue Fund. ~d ~ 5. Ordinance No, 1990»2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" (Conditional Use) to "P" (Principal Permitted UseJ in the CG (General Commercial), CC (Central Commercial} and IL (Light Industrial} Zones. ~~~ 6. Resolutioa No. 2003-06 -- Supporting the Approval of the Tri-Borough Position ~ Q ~ Paper for Federal Outer Continental Shelf Oil and Gas Leasing Program, 2002- / 2007. -1- 7. *Liquor License Renewals Pizza Paradisas -- Beverage Dispensary Kenai Joe's -- Beverage Dispensary BPO Elks Lodge #2425 -- Club Peninsula Moose Lodge # 1942 -- Club The Rainbow Bar -- Beverage Dispensary ITEM E: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4, Library Commission 5. Parks 8~ Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUTES 1. *Regular Meeting of January 15, 2003. 2. *December 12, 2002 Work Session Notes ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS ~~4/'d!/~ 1. Bills to be Paid, Bills to be Ratified ~P~,~~ 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. 4. *Ordiuaacc No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund far an Alaska Highway Safety Grant to Purchase Video Cameras. ,/~~~~ 5. Approval -- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement to Accommodate the Existing Building, All Within Section 34, T6N, R11W, Seward Meridian, Alaska, the city Kenai and the Kenai Peninsula Borough -- David Yragui, Petitioner ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager -2- 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M• ADJOURNMENT -3- ~~" S N A~ ltl u dl Y~ V 4..e ftl .~ eD~ m~ ~~¢~ °~F. ~ C~t~ y o ° ~ ~ ~ N ° u _ ° ~ `° G u C a M1 G o '~ W ~~ n 'b ~ m °: ~ ~ rv ~ ,u. 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F, ~Q ter„ G °' m •s y c o~ z ~ ~ v~ ~ p ~ w U , ~ ~~ o ~ 000 d o O m r~s i--i ~ ~L,~a~p .~ ~ apm ~~ °00 ~n1 ~~ ~ ~n /E~/ ~~S ~ a ~ $ U O _y ~ N Y '~ Q~~ T Ng ~. ~ a U o'5 O v "°"~~4~>~ ~,~ u ~o S ~~~ ~o C N ~ ~ z ~ ~ Q ~ A ~ ~ ~ R. w ~q W w o 0 0~ ~,~~'~.5$ a O ~O ~ O ~ u~.t ~ g.~ ~ ~do~= ~ ~ ~~w y ~ .-Z ~ R 4 ~ ~ w' ria ~ v ~ : y ~ ~ o d ~ P4 ~ ~ ~ ~ ~ ~ W ~ ~a ° .- o a a ~ w -. ~. ~C .a ~ ~ O a: O' i 'a ~~ ~o ]~ ~z b r KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 996G9-7599 6:30 p.m. February 10, 2003 Tentative Agenda M EM RERS: Peggy L3oscacci Seldovia City Term Expires 2003 Tom Clark Anchor Point/Ninilchik Term Expires 2004 Mari Anne Gross Southwest Borough Term Expires 2005 Blair Martin ICalifarnsky Beach Term Expires 2003 ALTERNATES James Isham Sterling Term Expires 2003 Todd Peterscn East Peninsula Term Expires 2004 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes a. none D. SUBDIVISION PLAT PUBLIC HEARINGS 1. Tide View Heights Padgett Replat KPB 2003-012 Integrity/Padgett Location: City of Kenai 2. Schuette Estates KPB 2003-O1b Swan/Schuette Location: South of Sterling Hwy. Soldatna area 3. Kalbea Subdivision Seawatch First Addition KPB 2003-017 Swan/Nyce Location: West of Kalifornsky Beach Road 4. Northey's Retirement Estates KPB 2003-019 Swan/Northey/Blanke Location: Caribou Hills E. PUBLIC COMMENT F. .ADJOURNMENT NEXT REGULAR MEETING The next Kenai Peninsula Borough Plat Committee meeting will be held on February 24, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Fhone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: tannin boron h.kenai.ak.us web site: www.borough.kenai.ak.us/ lanningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669-7599 Febrl2ary 10, 2003 7:30 P.M, Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2004 Tom Clark Vice Chairman Anchor Paint/]Vinilchik Term Expires 2004 Dick Troeger Parliamentarian Soldotna City Term Expires 2005 Peggy G. Boscacci PC Member Seldovia City Term Expires 2003 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn Hoht PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2004 .lames Isham PC Member Sterling Term Expires 2003 Brent Johnson PC Member Kasi]oflClam Gulch Term Expires 2003 Blair Martin PC Member Kalifomsky Seach 'Perm Expires 2003 Todd Petersen PC Membcr East Peninsula Term Expires 2004 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 nonna] sequence on the regular agenda. 1f you tivish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will infom~ the Chairman of your wish to comment. Time Extension Requests -None 2. Plats Granted Administrative Approval -None Plats Granted Approval Under 20.04.070 -None 4. KPBPC Street Naming a. Rename Birch Circle within Salmon Run Acres Subdivision {Plat KN 74-64); Section 24, TSN, R11 W, S.M., AK. Located off Eddy Lane, north Big Eddy Road approximately one mile west of Kenai Spur Highway b. KPBPC Resolution SN 2003-01: Renaming Certain Public Rights-of--Way within; Section 30, T3N, R11 W; Sections 2, I S, 21, T4N, R11W; Section 27, TSN, RSW; Section 13, TSN, R9W; Sections 5, 13, 14, 15, 19, 22, TSN, R10W; Sections 24, 27, TSN, R11W; Section 13, TSN, R9W; Seward Meridian, Alaska; Within The Emergency Service Number (ESN} 302; And, Within Section 23, T2N, R11 W; Section 23, TSN, R9W; Section 32, TSN, R10W; Seward Meridian, Alaska; Within The Emergency Service Number (ESN} 303 as Approved January 27,2003 Ray 'I'auriainen PC Member Northwest Borough Term Expires 2005 vacant seat Romer City Term Expires 2004 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations d. Current Reviews Max J. Best Planning Director bale Bagley Borough Mayor 6. Commissioner Excused Absences a. No excused absences requested. 7. Minutes a. January 27, 2003 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONSICOMMISSIONERS (Items other than those appearing on the agenda. Limited to Gve minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate Birch Lake Drive, a b0-foot right-of--way and associated utility easements, AND all utility easements located on the common back lot lines of all lots within Block One, and Lots 1,2,11 and 12 Block Four, dedicated and granted by Birch Lake Hills Subdivision No. 02 (Plat KN 80-112), within Section 1, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2003-014; Petitioner: Donald L Wilson of Nikiski, Alaska; Location: South of North Kenai Road, Nikiski area G. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 10-foot utility easement along the west boundary of Lot 1 Block 7 Thompson Park Subdivision (Plat K-1047}, within Section 6, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within the City of Kenai. KPB File 2003-015; Petitioner: Victoria L. Sandoz of Kenai, Alaska H. SPECIAL CONSIDERATIONS -None I. SUBDNISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review four plats. Due to the brevity of the agenda, the meeting will begin at 6:30 p.m. J. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS 1. AK Ol 12-10AA; Resurrection River 27; Business Park Development; Blaine Bardarson; Seward L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Vacate a portion of Walt Road and associated utility easement adjacent to Tract A-i, and a 20-foot utility easement within Tract A-l, dedicated and granted by J. Booth Recreational Subdivision {Plat HM 75-49); within Section 36, Township 3 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2002-270; Petitioner: D.M. Olsgard of Homer, Alaska; Location: West of Sterling Highway, Happy Valley area; carried forward from January 13, 2003; postponed to February 24, 2003 Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. FUTURE PLANNING COMMISSION MEETING The next Kenai Peninsula Borough Planning Commission meeting will be held February 24, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna at 7:30 p.m. OTHER MEETINGS Anchor Point Advisory Planning Commission February 4 Kachemak Bay Advisory Planning Commission February 6 Cooper Landing Advisory Planning Commission February 12 Kachemak Bay Advisory Planning Commission February 20 CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 947-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax:907-262-8618 e-mail address: lanning(a),borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept i~~`z. 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'J O O 'G O ~ ~ •ti V •~ ypy N O N ~ ~ y '~ -a t~ _ U y C] ~ ~ aI •~ ai O a~i a ~ O 'd O Q ~ •~ b ~ ~ w ~ ~~+ ~ v°Si '~ O U •~ w ~ ~ O V N O ~ ~ •C N ~ V ~' ~ u ~ C O ~ sV. .fl id ~ 'O O ~ ~ C .S ~ o ~ r.~ rn ~" .~ ° °v; w -fl ~ C.1 v w~ o ~ ~ a, o a~ ~ ~ o ~ c 'a eo ctl ' Z rn u O .~ O ~ ~ ~ V O O H O N ~ O O ti `~ y .Q ~ ~ L7 a+~ I O T~ w d7 v' N V .~ ~~ U V cd U~ .~ N~ ~ y~ V 3 N O p ti ~ ~ .+ N G, ~ 3 V~ .~ ro~ N p ro 5~~' s0. i .D ~ o ,~ aGi ~ ,~ ~ ~ O ~ ~ ~ C -~ o~i ~ ~ ;~ ~ .~ R. j cp v ~j y ao ,~ 'tl v ~ ~ ~ ~ ~ ~ ro 'C 'a '~' .~ •b ro u ~ aroi ~ ,~ .~ ~ c No ~ ? I ,~ v •~ ~ 3 •~ ~ v; ° a ~, ~ w ~ a u p as .~ ~v °' aroi > '~ m ~ ~ o ~ ~ _~, F, b ~o ;~ ~ a o o a ~ ~ ~ y a~ ~ ~~'• v' ~ ~ G c b v O 'c~ R. W ~i w b O ~ q [ ? ~ ~ ~ ~ G iUi Q ti ° x ~ ~ 'ry V .C •~ y U ~ ro '~" O ~ N y r.. -O cG .r b '.O 'a i O G y ~ d cA ' n w py ~ ~ ,a y ~ y °~ o ~ «+ Z ou ~ ~ •~ ~ 3 c T h ,~ ~, d. ~ a c ao ~ ° ~ ~ o • c a~i ~' ~ a. ~ Z ~ ~ cqd ro ~ ~ c O '~ •a ~CC ?+ ~ •~ ~ ~ ~ ~ W ~ ~ W ~ y., ~ •~ ~ ~ ° '~ y N ° o o ~ `~ a ,~ ~ 3 ~ ~ ~+ D U ~ ~ ~ H ~ ~ T ~ ~ y ~ .V. O ~ O h N ~ r/i z ~ .~ ~ ~ ~ p U C7 :: r~ ~ V ~ ~ .O, ~ N ~•C ~" ~ ~f-" c°a ~ U Q ~fx c~n~- ~ ~•O .C3 V c Ct~ ~y RR' z o: ~~~ ~~' ~.`o~ a, ,; ~,-~ ~~y ~}.a ;d ~ .~ cd W p a~ OC "O O' ", Q Ci W ~ Gi w ~! a-. w U U 7 cv W ~ ~ vOi ~ Q •vi xi ~'i O ti U ~ h y ~ !/] V Gl. ~ cad N O 17 rOi, 'O ~ E U 3 Q LL 0 W {~ a a 0 z w W J N = w z w z N U w ~ w O ~ J O ~ ~ N H C7 C~ m Q 0 = Y w ~ w O c1~ U W Cn Z O ~ ~ 0 ~ ~ {n H C'} C~ m Q O N = w z w z N U w ~ w O ~ ~ O ~ ~ cmi3 t- C7 C~ m Q 0 ~ ~ w z z ~ Y U ~ w ~ m Z U w y . ~ C~ C7 m Q O = w w U Y W O ~ _ H C7 C~ m Q 0 ~ = w z w z tWi, V U cOn z O Z = J ~ ~ ~ ~ - I {.7 C~ m ¢ O AGENDA PLANNING 8~ ZONING COMMISSION February 72, 2003 7':00 P.M. KENAI CITY COUNCIL CHAMBERS httaalwww.ci.kenai.ak. us 1. SCHEDULED PUBLIC COMMENT: City of Kenai Comprehensive Plan -Presentation of graft Plan - Kevin Waring and Associates 2. CONSIDERATION OF PLATS: 3. Preliminary Plat -Five Irons Heights Subdivision - Crandall Addition, A resubdivisian of Lots 4 & 5, Block 2, Five Irons Heights Subdivision. Piat submitted by Whitford Surveying, P.O. Box 4032, Saldotna, AK 99669 4. PUBLIC HEARINGS: PZ03-OS-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 94.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS1, R52, RU zones from a secondary use to a conditional use and, and in the IL, and 1H zones from a secondary use to a principal permitted use. 5. OLD BUSINESS: 6. 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 site (www.ci.kenai.ak.us}, or by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: February 10, 2003 Note: The Clty of Kenal's Draft Comprehenslve Plan will be presented at the beginning of the meeting. Copies of the plan may be viewed at the City's webslte at www.ci.kenai.ak.us. Printed copies are available at Gity Hall. ~~ ~~~y~up.~ ~/c~/~ CITY ot• I{ENAI PLANNING 8s ZONING CO11dMI55ION PUBLIC HEARING NOTICE 210 F[DALGO STREET, 5UITE 204 KENAI, ALASKA 89671-7794 ht#oa/www.ci.kenai.ak.us The following public hearing has been scheduled for the Planning and Zoning Commission meeting of February 12, 20D3: a. PZ03-08-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS9, R52, and RU zones from a secondary use to a conditional use, and the IL, and IH zones from a secondary use to a principal permitted use. The meeting will commence at 7:OD p.m. in the Kenai Cily Mall 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 20D, Kenai, Alaska 99611-7794 prior to the meeting. Comments may also be emailed to mkehschull@ci.kenai.ak.us. For more information please contact Marilyn Kebschull at 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: February 5 8.7, 2003 AGENDA PLANNING & ZONING COMMISSION February 12, 2005 7:00 P.M. IG:NAI CITY COUNCIL CHAMFERS htt p:llwww. ci . ke n a i . a k. us 1. SCHEDULED PUBLIC COMMENT: a. City of Kenai Comprehensive Plan _ Presentation of Draft Plan -Kevin Waring and Rssociates 2. CONSIDERATION OF PLATS: a. PZ03-07 Preliminary Plat -Five Irons Heights Subdivision - Crandall Addition, A resubdivision of Lots 4 8 5, Black 2, Five Irons Heights Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK 99869 3. PUBLIC HEARFNG$: a. PZ03-Q~,4 resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land tJse Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, R5t , RS2, RU zones from a secondary use to a conditional use and, and in the IL, and IH zones firom a secondary use to a principal permitted use. 4. OLD BUSINESS: ti. NEW BUSINESS: The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai City Counci[ Chambers. Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenal.ak.us), ar by calling 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: February 10, 2003 Note: The City of Kenai's Drag Comprehensive Plan wit be presented at the begirrr>w~g of the meeting. Copies of the plan may be viewed at the City's wet>sr~e at www.ci.kenai.ak.us. Printed copies are available at City Half. ~,~ ~n r ~