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2003-06-25 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 25, 2Q03 - 7:00 p.m. I. 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 11, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-25-Preliminary Plat -Strawberry Fields Forever Addition #1. Plat submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. b. PZ03-26--Preliminary Plat - Shankel Subdivision. Plat submitted by Integrity Surveys, 605 Swires Raad, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ03-22--Conditional Use Permit for Cabin Rentals - 130 Phillips Drive {Lot 6, Block S, Valhalla Heights Subdivision Part 3), Kenai, Alaska. Application submitted by Clinton & Delores Coligan dba Captain Bligh's Beaver Creek Lodge, P.O. Box 4300, Soldotna, Alaska. b. PZ03-23--Conditional Use Permit for Cabin Rentals - 140 Phillips Drive (Lot 7, Block $, Valhalla Heights Subdivision Part 3), Kenai, Alaska. Application submitted by Clinton & Delores Coligan dba Captain Bligh's Beaver Creek Lodge, P.O. Box 4300, Soldotna, Alaska, c. PZ03-24-A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive PIan for the City of Kenai by the Kenai City Council. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: I0. REPORTS: a. City Council b. Borough Planning c. Administration l 1. PERSONS PRESENT NOT SCHEDULED: Agenda June 25, 2003 Page 2 12. INFORMATION ITEMS: a. KPB Notice of Piat Committee Meeting of June 9, 2003 - Keemau Subdivision Crestwood Addition 2 b. KPB Notice of Planning Commission December of June 9, 2003 -Strawberry Fields Forever Addition #1 Revised Preliminary Plat; KPB File 2003-045 c. Zoning Bulletin - 6/l0/03 13. CONIlNIISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE I1, 2003 - 7:00 p.m. MINUTES ITEM 1: CALL TO ORDER: Commissioner Glick informally called the meeting to order at 7:00 p.m. and was unofficially elected Chair Pro Tempore. ].-a. Elect Chair Pro Tempore 1-b. Roll Call Present: Glick, Eldridge, Amen Absent: Goecke, Bryson, Hammelman Others Present: Councilman Osborne, City Planner Kebschull and Contract Secretary Roper Due to a lack of a quorum the meeting was cancelled at 7:10 p.m. 1-c. Agenda Approval 1-d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: APPROVAL OF MINUTES --May 28, 2003 ITEM 3: SCHEDULED PUBLIC COMMENT ITEM 4: CONSIDERATION OF PLATS ITEM 5: PUBLIC HEARINGS ITEM 6: OLD BUSINESS 6-a. Kenai Spur Highway addressing -Discussion ITEM 7: NEW BUSINESS ITEM 8: PENDING ITEMS ITEM 9: CODE ENFORCEMENT 9-a. Spring Update ITEM 10: REPORTS Y 0-a. City Council 10-b. Borough Planning Agenda May 14, 2003 lO.c Administration ITEM 11.: PERSONS PRESENT NOT SCHEDULED ITEM 12: INFORMATION ITEMS Page 2 12-a. KZoning Bulletin" -May 25, 2003 12-b. Letter to De Vito & Segura dated June 2, 2003 12-c. KPB "Notice of Reconsideration" -Strawberry Fields Forever Addition #1 ITEM 13: COMMISSION COMMENTS &s QUESTIONS ITEM 14: ADJOURNMENT The meeting adjourned at 7:10 p.m. Minutes prepared by: Sharon Harris, Contract Secretary yQ STAFF REPORT To: Planning lir Zoning Commission Date: June 11, 2003 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 605 Swires Road Kenai, AK 99611 Requested Action Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Plat Strawberry Fields Forever Addition #1 525 Devray Street Q4948438 RR -Rural Residential Vacant Low Density Residential Res: PZ03-25 Plat subdivides Tract A, Strawberry Fields Forever into two tracts of land, Tract A-1, 3 acres and Tract A-2, 3.21 acres. The tracts meet the lot size for the rural residential zone. This plat dedicates a half right-of--way, Shell Drive, along Tract A-1 and along the unsubdivided remainder to join North Strawberry Road. The dedication is the result of a compromise for the subdivision of Tract B. Initially, the Kenai Peninsula Borough wanted a dedication of Wolfe Avenue to extend the right-of--way to North Strawberry Road. When Tract A was originally subdivided, a note was placed on the plat noting that any further resubdivision would require an installation agreement. The proposed subdivision of Tract A to two tracts may require an installation agreement for the development of Devray Street to provide access to these parcels. City Engineer: An installation agreement may be required far access development. The City will not accept maintenance of Devray Street until the road is constructed to City standards. Building Official: No code issues. 03-25 Comment.doc Page 2 not accept maintenance of Devray Street until the road is constructed to City standards. Buildin Official: No code issues. RECOMMENDATIONS Recommend approval. The City is not requiring an installation agreement for development of Devray Street to City standards prior to finalizing the plat. However, an installation agreement may be required to further develop access. ATTACHMENTS: ~ . Resolution No. PZ03-25 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-25 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 Strawberr Fields Forever Addition #1 was referred to the City of Kenai Planning and Zoning Commission on Jun_~ a 10~ 2003, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not 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 MAY BE 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 STRAWBERRY FIELDS FOREVER ADDITION #1 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2003. .~ ~ CHAIRPERSO ~ c~-c .t~~ 1 ATTEST: `-~~ - ~~, 0~1~ ~ ~ ~ 1 y ;~ ~ :i'- - ~zl- ~~ ~6~ H Z ~~~ ~ ~~ a ~ e ~~~~ a a .~ _ l ~~~ U a 3~ ~ qR ~ a ~0 c G~ $ ~ ~ ~ # ~ ~ ~ ~~~ ~~ z /~~J l L, Q Q~ -~~~~i ~ Q Y W !t- ti C ._ i :. s fit. W Va [ {~ ~ g '' S , G, ~, i - .. - ---~ ' a ' I`'' z ~,r ' -~. ,; ~ . ; ~ : '.~ , :~ ;5 ,, ~', ,. ~ r i; ~; i' ' r•'i _ ~~,~ _ _ P+~M ~e4~+n+f$ V7+°N w ~u~u LI~JI~A~I~?1W11~;J ~~~pQW~I~1~3E~fIG1i ,KYI~ yri,p,pq~ 0. a a ~ F ~b a a .~ f+' I {~S ° ~ ~~ W Ir ~~~~ E~ ~~~$ -- 1 ~~~ ~ ~ ~c ~ ~ f :~ ~ ~ y~ $ I $ I ~ ~ ~~ i; ~ ~ >~ ~ ~ ~' ~ ~ ~ ~ `3 ~ ~ ~ ~ ~ r 1 ~ I I ~ ~ & I -.4p' 9Mt a ~ -p ~ ~ ~~~ _ -D.L/LB~ .w'ere~ ~eici n.anoos eron sra w am ~ ~ ~« ~ I ~~~ 1 ~ i ll lyl I ~r~~ I 4 °O°['~~ °141j`r °I)'~f13~ i t 8,/~ o ~.S[I~~ I ~ ~ ~ ~'ax l I ~ I ,~ ~ e {~ e ~ ~s '~j E ~~ ~~~ ~ ~ v=i~$ ~ gg 3 ~' ~ ~ OY ~~G ~ G~?~ gg 2 ~~~ ~ ~~~ ? ~~ p e a f ~~ $ ~jb y O ~~ S ~ ~F ~ ~~ ~ ~ ~;~ p~ h~ ~ 7~ ~ z R F .. .~~~~ ~~ gg 'r 7 '`~~ i ~, ~ ~~~s'a ~~hi~ ~_ ~~~~~ ~~~~: .~ ~__~~~ ~a ~~~~b ~~~ B ~~ ~ ~~ ~~~~ s- ~ a ~r~~a$~ ~~~~ ~ O ~ _. ... ~' b STAFF REPQRT To: Planning & Zoning Commission Date: June 11, 2003 Res: PZ03-26 Revised GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 605 Swires Road Kenai, AK 99611 Requested Action: Preliminary Plat Legal Description: Shankel Subdivision - A subdivision of Government Lot 133 Street Address: 1402 Kaknu Way KPB Parcel No.: 04515307 Existing Zoning: RS -Suburban Residential Current Land Use: Vacant Land Use Pfan: Medium Density Residential ANALYSIS The newly submitted preliminary plat vacates the 50-foot right-of-way easement as recommended by staff. No other changes are noted on the plat. With this vacation, development of Lot 5 i s no longer restricted other than the double front setbacks. RECOMMENDATI ONS Recommend approval if 50-foot right-of-way easement is approved. An installation agreement will not be required. ATTACHMENTS: 1. Resolution No. PZ03-26 2. Preliminary Plat .;, . ..~. . ~ ~ 2 ~~~o I ~' ~ y 5t ~i ~ a-~~.7 a~xy~ J.. : _' ~ r] V ~ ' C { ~_ } N LL F C ~ m ~s * '• ~ ~ O ~ VQ~ ~~U' rv ~ _ Q ~ g ~~ ~~ o a ~~ U U ~ ~~~£ ' } ~R, ~ ~ o ~mo~ ~ Z~- V~ ~ S ~ ~ ~ z1 °d ~~m~ g`~~ /JJ~~ 1 ~ xi"~i1~#~ ~ Q 1 _..__~ a __'_ wa t':' : a ~ ~ I n ~ ~/} x:.': ~~ ~1~ O ~ ~ M U I I ~ -~~ 1~ ~ ~ ~ y r; `; oo ~ ®_. _ ?~, C} C CQ C~ a ~~ ~ ~ oBr E~ ~~ ;p~~ ,Dorf ~ j ~ _ Y ° r r^, B i ~/~~~y @U $ YO C 9 N PS's `y [y i:',~ ° t~'° ~ ~ i7 $ ~ ~ r 1 .. . . ~ ~ ~ Xo `~Y a 8~ 6d f f -~ ~ ~ ~ e ~ '1.i ¢ w~ o~• ~~~ Gu n s __. b ' fc • •' n s. S`i ce i. ° F ~ `a i~j ~ -~3, !~ i€ ~,~ dY~° k~' ~' ~ ~ ~° ~w ~o o r ~o Z ~ H n 3'- ~, ~ ~~ .6~~..,,, ~ y F, ~.., ... ,! 3 ~ ~ Q ~ 3 ° "~ Q yn I- a c~ ' _ rc S ~a ~ $g ~ CI R ~ i ~ ~ ©o ~ 3 ;~ 5Y o,.~ ~ e m ~ ~° S x n ~ O ~~ ~ ~g - ~ ' N z ~ a ~ ~ o ~ ~ P y~ i ~ ' ~ < Y ~ ~ W Q ~ ti ~ E ~_ ~ ~ ~ g 4 ~S ° Yy f~y ~b ~ Q }T~ ~ ~ ~ ~Yp ~ a ~ a°. o v a v V7 m } ~ g ~ ~ "` L '~ 5 '3 ~ ~ . ~ ~ i ~ a S ~ x ~ a ~ "~ _~ Z RY ~ O I- ~ ~ ~ ~ ~ ~ 3 ~ ~ a Y°~ m ' ~ ~ gg ~ ~ o Q ~ i ~ c 3[~ ~ p E ~ ~ a n tZ a ~ ~ n ~ a ~ ~ ~ Jx ~ M I b © qq p ~ ~^~m ~ ~ to ~ ~ m~o~ ~ ~Z#~ 1 ~~~~~~~~~~~~ W 4~ ~~o~ F d' ? 4 C ,y ,L I'Off M,OO,IROON ~aai~,s .ta~~g S • ~ ~ ~ \ \ \ ~ \ ~ ~ ~i°~a s}4i yoi°aon iwwaso3 MOU .OS• \ ~ \ ~ ~ \ \ \ ~ \ \ * 1 ~ n ~ Giw . - +~I ~r ~ -~., S o ry m ~ r ~ . ~ ~, ~ 45•esl 3 cH ~ r~ d a ~ d~= , 3.SZ,I0.005 y , v~ ~ ~ ~ ~ ~ r'1 ~ ~~' M 9 I11\~ A_ ~ ~~ ~ ~ Jet Y$~8 a ,es'erl r ~ /7 "a~y 6 Yi n ' Y° E a~ 5 g ,41 L6Z 3.SL,Ia005 O ~ ,~ li ~ ~$' u v ~ p~ .S ~ vr5a5~ .ass~i ~ ~pp~boag 3_SL,10.005 YY P~ n c E .. a ~~ ` ~ ti ~ li G 00 LL c Pe° ° ~ } ~ o g ~ ~ o~ .'4'bo ~~ O y.a^ ~°' O a ~ g a ! vCEo sag~~~ ~ E~a Y~ .E l'llff 3,Sr,1p905 ~- i °~ 6 { ~ .caddo~ ~ n~ ~ X051 ~ ~, g I moQ~n~g ~~ G~}a~ I ~ 0 - ~ .. ~ ~ I ~' ~ ~ ~ e ~ ~ ~~ ~ g ~ ~ c 3 ° ~ ~ ~ ~ r. c. ~~jj~[~~ nn~nn lJ UN a i i er ' ~ ~ E E .. ~ ~ ~ gy S ~a $°' o°tl+ ~ ~ ~ 22 ~ Q w~ go ~P. ~lL ~ ~i ¢ ,r i ,I j ~ rc `~ ° i ~. S yb. STAFF REPORT To: Planning & Zoning Commission Date: June 11, 2003 Res: PZ03-26 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 605 Swires Road Kenai, AK 99fi11 Requested Action: Preliminary Plat Legal Description: Shankel Subdivision -- A subdivision of Government Lot 133 Street Address: 1402 Kaknu Way KPB Parcel No.: 04515307 Existing Zoning: RS -Suburban Residential Current Land Use: Vacant Land Use Plan: Medium Density Residential ANALYSIS Plat subdivides Government Lot 133 into 5 lots. The lots range in size from 12,300 square feet to 32,300 square feet. The lots meet the development requirements for the suburban residential zone. This plat dedicates athirty-three-foot right-of-way along Kaknu Street and athirty-foot right-of--way along Baker Street. In addition afifty-foot right-of way easement exists aiang Baker Street. This ROW easement along Baker Street limits development of Lot 5 and Lot 3 as no structures may be constructed in the easement and the building setback must be measured from the easement. Lot 5 is a corner lot and is subject to 25-front setbacks along Baker and Kaknu Streets. Lot 5 in affect becomes severely limited in use. Lots 2 and 3 are flag lots. No structures may be built in the flag and the building setback is measured from the lot line where Lot 2 meets Lot 1 and where Lot 3 meets Lot 4 and 5. Water and sewer are available to the lots from Kaknu Stree#. Service lines can be run to the lots. Kaknu Street is developed providing access to the lots. An installation agreement wiA not be needed. 03-26 Comment.doc City Engineer: Page 2 Consideration should be given to vacating the fifty-foot right of-way easement, or dedicating 50 feet and reconfiguring the plat. Thirty-foot dedication should be adequate width if the easement is vacated. Buildin Official: No building code issues. RECOMMENDATIONS Recommend approval if easement is vacated. An installation agreement will root be required. ATTACHMENTS: 1. Resolution No. PZ03-26 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-26 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 Shanl<el Subdivision was referred to the City of Kenai Planning and Zoning Commission on June 12, 2003, and received from fntearity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS -- Suburban Residential 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: a. Contingent upon 50-foot right-of-way being vacated. NOW, THEREFORE, BE 1T RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHANKEL SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2003. CHAIRPERSO ;. ~~-Z-~ f ~. ~ .~ ATTEST: i`r~,~L~y ~_ ~~~~~ ~, ~ n ~^ ti ....._ ~~ `~ ~ ~ o ~ ~ z ~~~~ ~ ~ ~ ~ a ~y~p~~ ~ n ~ ~}~~ ®~ to Z O ~g8g~ a a ~~~~ w ~_ ~~~~ °~~x~ N ~ ~ ~ ~~~~ a U ~ ~g~Q T Vl ~d a LL. ~ ~°w o~ U~ ~ Q ~ 5~~ ~Z~~°z~ =i~~J Q a -~- ~° ~ E ~_ ~ S I`~~ ~ ~ n ~ ~ ~ l~ nn MM ~~ VU UV n O ~ ~ ~S d .s2 ~ { I p ~ O ~ o S'Z i ~ « 5 w° E~ _YS ~~' $ goo ~n °a~ q ~ ° ~ ~ ~ 25 oo L'e nnn~ ~ I ~ a ~ Vu ' ~ I o $ g = n ~o ~Ey~~~ = ~ a ~ ~8~ so ' g ~g~s~ y{ 5 €€ ? ~ ~' ° r SR~~ ° i• .~ Cr o~$? i•i ~8~~ E o~~o sg ~ z .- ~ ° ~° ~ s ~ Z tT3 . ~ o=Fa a a ] ~ g~~ ffi ~ n o Y 3 °' a € ~ ~p ~ F n ~ A `o O J I J ~ ~ z ~ ~ r~ ~ n ~ e iJ$ , ~ " E~ n c °' ~ Q ~ ~ N ~ J~ P Y ~~ ~ a o ~ ~~ a a o €~~ i a ~-~ 'a Y Q a Q y ~ N .~ ~ E ~: ~ ~~ ~ ~ o F.. °~ 5 W Y,7 ~ m x ~ o ~ y° i ~ a iS d $ u chi U] m ~ ~ rc Q (l ~ ~ ~ g ,~ ~ . --~ ¢ y ° 'g~ ei ~ ~ ~ R = ~ ~ ~ ~ ~~ m ~ ~ g°a x m ~ ays ~ 8 Q ~ ~ ~ ~ ii # ~ ~ ~ r3 c c 4 O p~~ p N o C] o ~~~ ~ o ¢ m~~~ o w~N (Y OF ~=~py ~ ~ N ~r.+ $ ~~ ~aaYr,~,s .~a~~og MOtl ,OS ~' +~, ~.A. p ~ g l y . S~ y l ~v~' $~ I I .c ~~ ~ ~ ~ ~ I~~61. ~. _ - f+' ` ' ~f'l{\~~~~ ~ q 3 ~n/~~/ VU $~~ ~c ~"~ ~~ Y s e ~ 4 ~Y a~~ o ~ ~ (~ F ~e ~~s ~ rr ~ 5~R ~ P g C$n~o~ d m 00 acE a a n ~ } ; q$ ~ E o°r ~ = ~o ~ CC ~ 6 ~ O p _ a ~ ~ ~ ~ yn~Ev~ o .~addo~ Op m o (~ ~ ~ 9 o ~ ~ ~ I ~ ~ 3.SZ,L0.005 ~ M ~ ~ N ~' .N N S~ 1 a n ~ n 0 ~ L , lV _.__.. _.___ ~ ~ li # vi ~n Ala ~ r9i in pW N $ ~ y`' n Q an ~V ,ns nr~ ,SS'Rf l ,fl'Off 3«SZ,10.005 C~10B~~G~ I~~ ~a~ - ~ .. >f3 ~ ~ ~a .L 7 ~ . v$ $ r o $ ~~ o- o- a $ ,.. ~ '~ g_ ~ i 6 ~ $ ~~ ~a op. ~ ~ ,. E E ~ ~ s° s ~s Z a n # rc ~~° 1 ~ v .`ia STAFF REPORT To: Planning & Zoning Commission Date: June 2, 2003 Res: PZ03-22 GENERAL INFORMATION Applicant: Clinton & Delores Coligan 262-7919 Captain Bligh's Beaver Creek Lodge P.O. Box 4300 Soldotna, AK 99669 Requested Action: Conditional Use Permit - Cabin Rentals Legal Description: Lot 6, Block 8, Valhalla Heights Subdivision Part 3 Street Address: 130 Phillips Drive KPB Parcel No.: 04921030 Existing Zoning: RR -Rural Residential Current Land Use: Vacant Land Use Plan: Low Density Residential ANALYSIS Genera! Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 03-22 Comment.doc Page 2 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicant is seeking a Conditional Use Permit for, "seasonal rentals to fishing clients from May 15 to September 15 and then rentals for the remainder of the year." Seasonal rentals meet the definition of cabin rentals. Long-term rentals over thirty days are a permitted use. Mr. Coligan presently operates four similar permits in the City. Two of these are located on Anglers Drive and two in this same area on North Dogwood Road, The two cabins located on North Dogwood Road are rented similarly to the current request. The cabins are constructed as single-family dwellings on individual lots. The development, as proposed, blends with the residentia! character of the area. On-site water and sewer serve the dwellings. There is sufficient off-street parking for the use. Applicant currently operates two similar permits in this area. To date, there have been no complaints about the operation. It appears that if the seasonal (cabin} rentals limit guests to the number of guests the structures are built to accommodate, the use would be consistent with the residential use of the neighborhood. The rentals should be managed to maintain the neighborhood setting. City _E_n ig Weer: No other issues. Building Official: Nothing additional. RECOMMENDATIONS Recommend approval with the following conditions: 1 . Limit number of guests to equal the capacity of the residence. 2. Limit outside activities to those normally conducted in a residential area. 3. Require fire inspection prior to permit being issued and every other year thereafter. 03-22 Gomment.doc ATTACHMENTS: 1 . Resolution No. PZ03-22 2. Application 3. Drawings Page 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-22 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZOMNG COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: _Clinton & Delores__ Coligan dba Ca_ptaira Bligh's Beaver Creek_L__odge __ USE Cabin Rentals ~~ LOCATED 130 Phillips Drive -- Lot 6, Block 8, Valhalla Heights Su_b Part 3 ._ (Street AddresslLegal Description} KENAI PENINSULA BOROUGH PARCEL N0: 04921030 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: Ma 28 2003 2. This request is on land zoned: RR -Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. 5EE PAGE TWO 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: June 25, 2003 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 Cabin Rentals MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION 01= THE CITY OF KENAI, ALASKA, JUNE 25, 2003. _~~ , 1 /. CHAIRPERS 'Z - ~ ' TEST~1t'~ i~,~~~~c'~-~~-L,~ 03-22 Resolution.cam Page 2 RECOMMENDATIONS Recommend approval with the following conditions: 1. Limit number of guests to equal the capacity of the residence. 2. Limit outside activities to those normally conducted in a residential area. 3. Require fire inspection prior to permit being issued and every other year thereafter. ~;•} ~; . ~t .~ CITY OF K 1'~1 ~ r~ ~~ ~~ ~ >a~r 210 FiOALCiO AVE., SUITE 200 KENAI, ALASKA 89811-7794 TELEPHONE 807.283-7535 FAX 807-283.3014 xu CONDITIONAL USE PERMIT APPLICATION Applicant's N Business Name Mailing Address: ` ~ ~~lc ~~ ~~~ ~ 3 ~~~ ?~r~ ~~ Street Address: _ /~~`~~/~S ~/~~~~• (Where permit will be opera#ed from.) Legal Description of Property ~a ~'~ ~ ~D T ~ ~~k ~ Kenai Peninsula Borough Parcel No.: ~'! City of Kenai Zoning: ~, ~ Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~ ~~o~ **~~**~ i ~ 1 ~ c ~ i ~ ~ ! ,~,~ ,, !~~ The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. {Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. [] I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plat plans showing the location of all existing and proposed buildings ox alteration on the affected property. Plans crust show, at a minimum, the entrance, exit, and parking spaces an the property. (Far bed & breakfast applications, must show areas to be rented.} aye paid the appropriate fee. I have reviewed Kenai Municipal Code I4.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code, Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ~e value of the adjoining property and neighborhood will not be significantly impaired. ~*~*~**~ The praposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The praposed use will not be harmful to the public safety, health ar welfare. I certify that the i Applicant: is accurate to the best of my knowledge. r Date: _~~~~1 O. ~ ' Attachment: KMC 14.20.150 C:IWPDOCSIFORMSICONDITIONAL USE PERMIT Application.doc L T_~ 4 r-,_....~- c°v I------- 0 0 b ,~ .~ a J r Q ~ V . l__IJ ~ Ki ~ OD n~ ~ ~ ~ L]L Z O ' Q ~~~ ~ ~~~~. o ~ ~ ~ ~ . c~ U I' O O , ti '1~ W W N 1 .~-. iI .~ k . 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'~ ~ 4J ~ J V >z .~ ~~ ;~o. i:i ;~ ~ _ ~ n ~• ~` ~> ~ i ~: ~~ ............_ nn....... ,; ~F~ I I ~_~ ~ vrn ~.at~ 3 o;v~----~-- a a. .. .. :z•ivrri iro"i~vari rio ~- ~: N s O ~;~;I Q U ~~~ i l I I 1 ~~~ rr" _ s ~` `r/j a£L~ Oti6 {7~l -09~ R~.F ~ ~' ~ '~ ~ \' ~ p - ~' t '~ ` \ , } j ` ~ 1 f~ ~] ~ ~ `` 1 ~ ~ J S~~ ~ } {~ ~{/ ,. . ,r r r ~ }~~ ~ ~ ~ . am` J ~, ~ ; , s ~~~, a G' r ~L ~ , , ; ' , 2 t Y : ~ y a ~\ W ~ 7~{~ ~ L ~ '~~` V ~ ~ ~~ l ~ ~~ ~ ~ 1~1 ~ ~ A 1~'~ ~ ~ /~ ~+ ~ 1 ~ ~ ~~ t ~ ' ~ ` i~ 1 ~. 1 ~'\ 1t x 1 ~~ L ~ `~ ~ 9 4 9 ~ + { 5 y ~w 5 \~, ~ ~~ _ ~ n '~ ~~ ' ~ ~ t _ .yhr 1 ~ * Y~~ ~.~- j } '~~~ t l _ ~. ~~r T ; .; ;;,: ;~ -`rE. '''v t ~~. ,~~_ a~ 5b STAFF REPORT To: Planning & Zoning Commission Date: June 2, 2003 Res: PZ03-23 GENERAL INFORMATION Applicant: Clinton & Delores Coligan 262-7919 Captain Bligh's Beaver Creek Lodge P.O. Box 4300 Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit - Cabin Rentals Lot 7, Block 8, Valhalla Heights Subdivision Part 3 140 Phillips Drive 04921031 RR -Rural Residential Vacant Low Density Residential General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit, The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 03-23 Comment.doc Page 2 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicant is seeking a Conditional Use Permit for, "seasonal rentals to fishing clients from May 15 to September 15 and then rentals far the remainder of the year." Seasonal rentals meet the definition of cabin rentals. Long-term rentals over thirty days are a permitted use. Mr. Coligan presently operates four similar permits in the City. Two of these are located on Anglers Drive and two in this same area on North Dogwood Road. The cabins are constructed as single-family dwellings on individual lots. The development, as proposed, blends with the residential character of the area. On-site water and sewer serve the dwellings. There is sufficient off-street parking for the use. Applicant currently operates two similar permits in this area. To date, there have been no complaints about the operation. It appears that if the seasonal l;cabinf rentals limit guests to the number of guests the structures are built to accommodate, the use would be consistent with the residential use of the neighborhood. The rentals should be managed to maintain the neighborhood setting. City Engineer: No other issues. Buildinc7 Official: Nothing additional. RECOMMENDATIONS Recommend approval with the following conditions: 1 . Limit number of guests to equal the capacity of the residence. 2. Limit outside activities to those normally conducted in a residential area. 3. Require fire inspection prior to permit being issued and every other year thereafter. 03-23 Comment.doc ATTACHMENTS: 1. Resolution No. PZ03-23 2. Application 3. Drawings Pagc 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-23 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT T0: NAME: Clinton & Delores Cali an dba Ca taro Bli h's Beaver Creek Lod e USE Cabin Rentals LOCATED 140_Phiffips Drive -Lot 7, Block 8L_Vafhalfa Heights Sub. Pa_r_t__.3 (Street AddresslLegal Description] KENAI PENINSULA BOROUGH PARCEL NO. 04921031 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May_ 28, 2003 . „ 2. This request is on land zoned: RR -- Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. SEE PAGE TWO 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: June 25 2003 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 Cabin Rentals MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNF 25, 2003. I CHAiRPERS~N: ~Z~12 j _____ 03-23 Resolt~tion.com Page 2 RECOMMENDATIONS Recommend approval with the following conditions: 1. Limit number of guests to equal the capacity of the residence. 2. Limit outside activities to those normally conducted in a residential area. 3. Require fire inspection prior to permit being issued and every other year thereafter. ~~1 ry ~ L[A 1~1 CITY 4F K CITY OF KENAI NNING DEPARTMENT rr ~.~ ~1_ I ~ Al .. / rr 210 FIDALCiO(A~VE.,-S-UIIT-E-2i00~ KENAIriAf LLAS4IC,4/ 9~$B! 1-7784 TELEPHONE 907-283-7535 FAX 807-283-3014 1 ~„r CONDITIONAL USE PERMIT APPLICATION Dat • ~~ ~'~ d ~ Applicant's Nam ~/~/Tc~l/ 4~( a.~ES' ,Lj Phone: ~~' 7 `!//' Business Name ~• Mailing Address: /vim ;~~ 7 ~ ~'~ Street Address: - ~ ~~~ ~_ "` ~ ~ ~" ~` ~~~ ~___ /~L __' ' _ fi` /mss' ~-u.~~. (Where permit will be operated from.} Legal Description of Property. ~~ T 7 ~- ~ ~0 T ~ ~//~ ~ Kenai Peninsula Borough Parcel No.: ~`~~'~_~i ~ / ['~.~`~~ ~~ City of Kenai Zoning: Provide a detailed description of the proposed use. if the space provided is not sufficient, attach a sheet to the application. ,~~ ~~~r~c /c -- ,- ~T. ~~ ~- -- s ~~ *~~~~*~* The fallo_wing_infor_mation must be provided before your application will be considered_for processin~._ Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.} I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. ~he value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the informatio~rovided is accurate to the best of my knowledge. -, Applicant:. --~ ~1~ r Date: ~~ ' ' ` ~ O Attachment: KMC 14.20.150 C:IWPDOCSIFORMSICONDITIONAL USE PERMIT Application.doc ~"" is _ ~ w= 0 ~O N ~~ 0 ~o~ _~ W i :~ ~ ~' ~. o -~, x - o ' ~ I N ~~~++ ~~~~ F+ ~~~~ S Q ..r+~ . r ~ «..~... ~....w ... . 0 3 ___ ~___ _~_` w ____ ~ Z z ~ H a ~ E-+ w M x N n _ z w a 0 ~~ .1 .~ ~r ~ c~ ~~ M ~~F~ ~~ ~~~ ~ ^~ ~ ~ o ~ Z ~ ~ o ~ ~ i ~~ `~ ~ ~ ~ ~~ z o ~ ~ ~~~ ~ i ~ i ~- Q ~~~m o ~ ~ ~ ~ '~ ~ ~ d ~ ~ o o N y CG ~ ~ I F _ a ~_'O , ~~ a~ a ~J °\° I ~w o p ~ ~ ~;' co U `~ ~ C7 k ~ N a I ~ S ~ c r.E ~ Ga p n ~ o q W ] a ~ 0.I A < I `~ ~ ~~ ~~~~ -~- - ~ ~ ~ M ~~~ ~ ~` ~ . ~j ~ ,~. ~~ c<' c' ti ~ .~ ~ ~ cACr` t S 4 ~k ~ 4 ~~' 43p~4 t '%j ~ _ , x. ~. .~~;.. Copies of the Draft City of Kenai Comprehensive Plan May be reviewed at Kenai City Hall or At the City's web page www.ci.kenai.ak.us `~G CITY OF KENAI PLANNING AND ZONING COMMISSION KENAI, ALASKA RESOLUTION N0. PZ 03-24 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL AND ADOPTION OF THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI BY THE KENAI CITY COUNCIL. WHEREAS, The Kenai Peninsula Borough as a second class borough shall provide for planning on an areawide basis in accordance with AS 29.40; and, WHEREAS, The City of Kenai, as a home rule city inside a second class borough, has updated their Comprehensive Plan; and, WHEREAS, The Kenai Planning and Zoning Commission has held public meetings; and, WHEREAS, Planning Staff and the Kenai Planning and Zoning Commission have received numerous comments and input regarding the updating of the Comprehensive Pfan; and, WHEREAS, The Kenai Planning and Zoning Commission on June ^25~, 2003 reviewed the final draft of the Kenai Comprehensive Plan and recommends to the Kenai City Council approval of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council recommend to the Kenai Peninsula Borough, that: Section 1 -The Final Draft of the Kenai Comprehensive Plan prepared by Kevin Waring Associates, Benson Planning Associates, and Bechtol Planning And Development is hereby approved and adopted as the Comprehensive Plan of the City of Kenai. Section 2 -This Pian is hereby recommended to the Kenai Peninsula Borough for adoption as the official Borough Comprehensive Pfan within the City of Kenai planning area of the Borough. D d at Kena~i,~A~laska this 25th day of P`~~- ~-'~----.. CH IRPERSON June, 2003. f ANTE T:y Planning Secretary 5C CITY 4F KENAI ~~ ~~ ~~ ~ >a~~» ~ 210 FIDALGO AVE., SElI7E 200 KENAI, ALASKA 99611-77$4 TELEPHONE 907-283-7535 _ FAX 907-263-3014 `~I1~. ,~z MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: June 18, 2003 SUBJECT: PZ03-24--Comprehensive Plan Approval and Adoption In preparation for Resolution PZ03-24 recommending approval and adoption of the Comprehensive Plan for the City of Kenai by the Kenai City Council, please remember to review your copy of the Comprehensive Plan prior to the meeting. jet CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE MEETING OF June 25, 2003 ,.~~~s.:oog~°°o m` ~c June 19, 2003 To: Marilyn Kebschull, Planning Administrator, City of Kenai From: Kevin Waring Re: Proposed amendments to Public Review Draft of City of Kenai Comprehensive Plan Per our discussion, I have drafted several proposed amendments for the Planning & Zoning Commission's consideration in its upcoming public hearing on the Public Review Draft of the City of Kenai Comprehensive Plan. The proposed amendments respond to several concerns raised by Ricky Gease in his memo of February 12, 2003, have been drafted in consultation with Mr. Gease and may be submitted by Mr. Gease for the Planning & Zoning Commission's consideration. The page references at to the June 2003 Public Review Draft. Proposed amendment #1. Purpose: acknowledge the value of the historic Shkituk't village site as an asset to Millennium Square, and the interest of the Salamatof Native Association as a potential private partner in eventual development of Millennium Square. Specific revisions: At page 31, bottom of right hand column, add another bullet to possible uses at Millennium Square: • interpretive site for historic Shkituk't village site At page 32, left hand column, expand development strategy #4 as follows: ...continue to explore and evaluate options for specific public and private projects, including potential partnerships with interested local investors such as Salamatof Native Association. Proposed amendment #2. Purpose: acknowledge need to address potential contamination of the disused industrial sites near the mouth of the Kenai River. Specific revisions: At page 38, left hand column, end of first full paragraph, add the following sentence: A related industrial land use issue is the possible need to remediate some prime-located former industrial sites near the mouth of the Kenai River to facilitate their future re-use. Proposed amendment #3. Purpose: recognize the historic use by local Alaska Natives of the area proposed for designation as the Kenai River Gateway Natural Area. Specific revisions: At page 40, left hand column, revise develoopment policy N2 as follows: Explore creation of a Kenai River GatewaylKuhtnu natural area or park to highlight Kenai's reputation as a prime recreational access point to the Kenai River. (Kuhtnu is the traditional Kenaitze name for the Kenai River.) Make changes in related references elsewhere in text and in Map title. At page 40, left hand column, expand second bullet under development policy N2 as follows: ...With appropriate improvements to support marine and upland recreational activities and to recognize traditional historic and cultural uses. roa. AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE I8, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htty: I I www.ci.kenai.ak.us 6:0,0 p.m• WORK SESSION: Kenai Convention 8s Visitor's Bureau Board and Keaai City Cauacil. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4, Consent Agenda *All items listed with an asterisk (*J are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCIIS ITEM D: PUBLIC BEARINGS ~~~ i. Resolution No. 2003-34 -- Awarding Janitorial Contracts for the City Administration Building and the Kenai Visitors and Cultural Center to Commercial Janitorial Services for the Period July 1, 2003 Through June 30, 2004. ~~ l~, 2. Resolution No. 2003-35 -- A Resolution of the Cauncii of the City of Kenai, Alaska relating to the USA Patriot Act, the Bill of Rights, the Constitution of the State of Alaska, and the Civil Liberties, Peace, and Security of the citizens of our country. 3. Resolutioa No. 2003-36 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Parnell Operation & Maintenance for the Period of July 1, 2003 to June 30, 2004. ITEM E: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & 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: z. ITEM G: ITEM H• ~'~"~ Q.~P,c.~ ITEM I: 2. a'f~~ ~ ~/c~Q~ ITEM J: MII1iiITES *Regular Meeting of June 4, 2003. OLD BUSINESS Discussion -- Dust Control Comparison Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Discnasioa -- Schedule City Clerk, Attorney and Manager Evaluations REPORT OF THE MAYOR 1. Memo from AML regarding Revenue Sharing and Safe Communities programs and FY04 Municipal Capital Matching Grants program. 2. Memo from Governor Murkowski regarding FY04 Operating and Capital budgets. 3. Memo from Dena`ina Health Clinic regarding their support of Ordinance No. 1998-2003 regulating smoking in eating establishments. ITEM K: ADMII~TISTRATION REPORTS I. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M• b b. KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDO MEMBERS Dick Troeger Chairman Sotdatna City Term Expires 2005 Peggy Boscacci Saldovia City Term Expires 2003 James Isham Sterling Term Expires 2003 Ray Tauriainen Northwest Borough Term Expires 2005 ALTERNATES Blair Marlin Kalifornsky Beach Terre Expires 2003 Todd Petersen )vast Peninsula Term Expires 2004 TNA, ALASKA 99669-7599 5:30 p.m. June 23, 2003 Tentative Agenda A. CALL TO ORDER B. ROLL CALL ,lUN ~.9 2~0~ PLHIvtiING UEF'AR'fMfwNT C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes a. June 9, 2003 D. SUBDNISION PLAT PUBLIC HEARINGS 1. Puffin Acres No. 03 KPB 2003-123 Imhoff/Catkins Location: Kachemak City K-Bay APC 2. Barnett Subdivision Quiet Creek Addition KPB 2003-124 ImhofflNeal Location: City of Homer 3. Betty Warren Estates KPB 2003-125 Integrity/W amen, Smith Location: East of Holt-Lamplight Rd Nikiski area 4. Silver King Camp Unit III Maxwell Replat KPB 2003-126 Borderline/Maxwell Location: West of Old Sterling Hwy. Anchor Point area Anchor Point APC 5. Hannah Estates KPB 2003-128 Whitford/Hannah Gen Contracting Location: City of Kenai 6. Leilani Subdivision No. 03 KPB 2003-129 Whitford/Kimball Location: North of Sterling Hwy off Entrada Dr. in Sterling 7. Beluga Terrace Addition Na. 03 (name to change} KPB 2003-130 ` McLaneIKPB Location: West side of Cook Inlet, off BelugaHighway 8. Kay Lynn Subdivision No. 03 KFB 2003-131 McLane/Cox Location: City of Kenai 9. Piper's Haven Four (name to change} Final Plat with Additional Lots KPB 2003-132 Anderson/Ocean View Ent. Location: East of Sterling Hwy off Cloyd's Rd. Anchor Point AFC E. PUBLIC COMMENT F. ADJOIJRNMENT NEXT REGULAR MEETING The next regularly scheduled .Plat Committee meeting will be held July 14, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna at 5:30 p.rr~. 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: Tannin boron h.kenai.ak.us web site: www.borough.kenai.ak.uslplanningde~ z KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BIl~IKLEY STREET SOLDOTNA, ALASKA 99b69-7599 June 23, 2003 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2004 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2004 Dick Troeger Parliamentarian Sofdotna 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 Hohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2004 .lames Isham PC Member Sterling Term Expires 2003 Brent7ohnson PC Member Kasilof/Clam Gulch Term Expires 2003 Hlair Martin PC Member Kaliforns]ry Beach Term Expires 2003 Todd Petersen PC Member 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 normal sequence an the regular agenda. If you wish 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 wi]I inform the Chairman of your wish to comment. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval under 20.04.070 -None 4. Plat Amendment Request a. Coryell Subdivision; Integrity Surveys; KPB File No. 2002- - 226; Recording No. KN 2003-8 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. Lynn Hohi Ray Tauriainen PC Member Northwest Borough Term Expires 2005 vacant seat Homer City Term Expires 2004 Max 7. Best Planning Director Dale Bagley Borough Mayor b. Bill Hutchinson 7. Minutes a. June 9, 2003 Plat Committee Minutes b. June 9, 2003 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) GiS Presentation, Mapping and Plats on the Internet E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS Vacate a portion of Bear Creek Court adjacent to Lot 1-A, dedicated by Nordby Subdivision; (Plat HM 76-i 1), within Section 10, Township 6 South, Range 13 West, Seward Meridian, Kachemak City, Alaska; KPB File No. 2003-122; Petitioner: John Fowler for Mishima LLC of Anchorage, Alaska; Location: Kachemak City 2. Aland-use permit application was received by the Borough to operate a gravel site in the Sterling area; Location: NW 114 SE1/4 Lot 3, Block 2, Loomis Sub, TOSN, R08W, Section 15, Seward Meridian, KPB 06547004; Applicant/Owner: Hugh & Linda Chumley; KPBPC Resolution 2003-27 Proposed Street Naming/Renaming a. KPBPC Resolution SN 2003-11; Pursuant to KPB Chapter 14.10.060 a Street is Proposed to be Named Chocolate Lily Lane; Location: within Tract A, as noted on Knob Hill Subdivision (HM 88-7, plat note # S), Section 1 & 2, TSS, R14W S.M. Described tract lies south east of Knob Hill Road which is off North Fork Road; Applicant: Kenai Peninsula Borough b. KPBPC Resolution 5N 2003-12; Pursuant to KPB Chapter 14.10.060 Officially Naming an Unnamed Road (Commonly & Historically Known For 20-30 Years as Ann Avenue); Location: within Section 14, T4N, Rl 1 W, S.M., west of Echo Lake Road and north of Buck Avenue; to Be Officially Named Grandma Ann Avenue; Applicant: Ann Creary 4. Ordinance 2003-23: Amending KPB 17.10 by Deleting the Requirement for Mandatary Deed Restrictions 5. Ordinance 2003-26: Extending the Deadline in Ordinance 2001-16 Regarding Certain Grazing Leases G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Building Setback Exception, Lot 2 McFarland Subdivision No. 03; Petitioner: Michael T & Melissa T Daugherty; KPB File 2003-133; KPBPC Resolution No. 2003-26; Location: South of Sterling Highway corner of Midway Dr. & Robbie Way in Sterling I. SUBDNISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review nine plats. J, ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Choose new Plat Committee. New members will serve July, August, and September 2003. M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Riverquest Findings for Board of Adjustment Certified Record FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will beheld July 14, 2003 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Adviso Cammission Meetin Date Time Anchor Point To be announced July 1 7:00 .m. Coo er Landin Communit HaII Jul 9 7:30 .m. Kachernak Bay Advisory Planning Commission will not meet during the summer. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. 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: plannin~(a~borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept -~ ... Kenai Peninsula Borough ~, Planning Department ;~ (JI`/L„ ~ 144 North Biakley Street 1 '~ Soldotna, Alaska 99669-7599 b (907) 262-4441, extension 260 or 261 toll free within the Borough 1-800-478-4441, extension 260 or 261 ~ FAX (907) 262-8618 ` email: planning@borough.kenai.ak.us June 10, 2003 NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF JUNE 9, 2003 12.E: Keemau Subdivision Crestwood Addition 2 Preliminary Plat The Plat Committee reviewed and granted conditional approval to the subject preliminary plat during their regularly scheduled meeting of June 9, 2003. Please contact the Planning Department if you need additional information. This notice and draft, unapproved minutes of the subject portion of the meeting were sent June 10, 2003 to: City of: City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750. Advisory Planning Commission/Community Council: n/a Survey Firm: McLane Consulting Group, P.O. Box 468, 5oldotna, Alaska 99669-0468. Subdivider/Petitioner: Zubeck, Inc., 8047 Kenai Spur Highway, Kenai, Alaska 99611- 5019; James & Tana Butler, P.O. Box 191, Kenai, Alaska 99611-0191. KPB File Number: 2003-120 ~E~~~ ,Uhf 1 ~ ~~~~ AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS 2. Keemau Subdivision Crestwood Addition 2 KPB FILE 2003-120jMcLanelZubeck, Butler] Staff report as reviewed by Maria Sweppy. Location: Proposed Use: Zoning: Sewer/Water: Assessing Use: 5up~ortinq information: City of Kenai Residential Rural Residential City Vacant Plat Committee Meeting 6/9/2003 This is a repiat of 3 parcels into 171ots. City water and sewer will be available to the lots. All lots will have interior access byway of three cuf-de-sacs. The cul-de-sacs will be constructed to City standards. A 30-foot right-of-way is dedicated along the west boundary. While creating a double frontage situation for some of the lots, it provides access to numerous government lots to the north. The Kenai Planning and Zoning Commission reviewed the plat on May 14, 2003. They recommended conditional approval. An installation agreemen# will be required prior to recording the final plat. The Kenai Commission recommended approval of the 50-foot width for the two charter eastlwest cul-de-sacs, based upon the few number of lots served by each. KPB 20.20.110 allows a 50-foot street width for cul-de-sacs serving no more than six lots. Per KPB Resolution 2000-025, if the Certifica#e to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision ar requires their signature on the final plat. !f no response is received within 30 days, staff wil! assume they have no requirements regarding the subdivision and it may be finalized. Stafif recommends that notes be placed on the final plat indicating any exceptions granted by the Plat Committee with the meeting date. Exce tions Re uested: A. KPB 20.20.1$0 -- 3:1 depth to width ratio for Tract A. Staff discussion: Based upon frontage on the right-of-way along fhe west boundary, the tract would exceed this requirement. Based upon frontage on the cuf-de-sac, the tract does not exceed this requirement. No exception is necessary. Exceptions Requested: B. KPB 20.20.220 Double frontage for Tract A, Lots 12, 13, 15 and 16. S#aff discussion: Double frontage is allowable for lots exceeding 250 feet in depth. Tract A, Lot 15, and Lot 16 meet this depth requirement. Lots 12 and 13 appear to be the only tots requiring an exception. Findings: 1. Per the submittal letter, the half dedication along the west boundary will not be constructed. 2. Per the submittal letter, all utilities will be provided from the interior cul-de-sacs. 3. KPB 20.20.220 allows double frontage to provide reverse frontage along an arterial street. 4. Depending on the future subdivision design of surrounding parcels, the dedication on the west boundary may eventually become an arterial street. 5. Based upon the submittal letter and the City review, ail development and access will be from the interior cul-de-sacs. Planning staff has reviewed this request and recommends granting the excepfion. KENAI PENINSULA BOROUGH Pf,,gT COMMITTEE JUNE 9, 2Q03 MEETING PAGE 4 UNAPpROVCD M!~!U?ES 20.24.010 provides that the Commission (Committee) may authorize excep#ions to any of the requirements set forth in Title 20. This section also states -The Commission (Committee) shall find the following facts before granting any exceptions: That special circumstances or conditions affecting the property have been shown by applica#ion; Findings 1, 2, 3, 4 and 5 appear to satisfy this condition. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 1, 2 and 5 appear to satisfy this condition. 3. That the gran#ing of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1, 2, 3, 4 and 5 appear to satisfy this condition. Staff reques#s and recommends the Committee make #heir findings, tying them specifically to each of the above three facts, and vote on the requested excep#ion in a separate motion. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: No additional preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20 INCLUDE: 2. Provide documents#ion from City that installation agreement is in place. 3. Survey and monumen#ation to meet Ordinance requirements; or an exception having been granted. 4. Show existing utility easement along south boundary. 5. Conform to conditions of KPB Planning Commission Resolution 78-6. 6. Compliance with Ordinance 90-38(Substitute) -Ownership. 7. Compliance wi#h Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be an deposit with the Finance Department. NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT COMMITTf=E TO THE PLANNING COMMIS510N ACTING AS PLATTING BOARD BY FILING WRITTEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR WITHIN 10 DAYS AFTER NOTIFICATION OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SI=RVICE, SERVICE BY MARL, OR PUBLICATION. (2,~40.08D BOROUGH CODE OF ORDINANCES). THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS REQUESTED AND 7HE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON WWICH RECONSIDERATION IS BASED. END OF STAFF REPORT While reviewing the staff report, Ms. Sweppy advised the Committee that comments from the State Departmen# of Transportation were in the desk packet. Chairman Pro Tem Johnson opened the meeting for public comment. Seeing and hearing no one wishing to comment, Chairman Pro Tem Johnson closed the public hearing and opened discussion among the Committee. He entertained a motion for the exception. KENAI PENINSULA BOROUGH PLAT COMMITTEE JUNE 9, 2003 MEETING PAGE 5 MOTION: Commissioner Martin moved, seconded by Commissioner Petersen, to grant Exception B (KPB 20.20.220 Double frontage for Lo#s 12 and 13}, accept and adopt the findings, and tie the findings to the fac#s. It was the consensus of the.Plat Commi#tee that: Findings 1, 2, 3, 4 and 5 applied to Fact 1 (That special circumstances or conditions affecting the property have been shown by application.}; Findings 1, 2 and 5 applied to Fact 2 {That the exception is necessary far the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title); Findings 1, 2, 3, ~ and 5 applied to Fact 3 (That the granting of the exception will not be detrimental #o the public welfare ar injurious to other property in the area in which said property is situated.}. Findings: 1. Per the submittal letter, the half dedication along the west boundary will not be constructed. 2. Per the submittal letter, all utilities will be provided from the interior cul-de-sacs. 3. KP8 20.20.220 allows double frontage to provide reverse frontage along an arterial street. 4. Depending on the future subdivision design of surrounding parcels, the dedication on the west boundary may eventually become an arterial street. 5. Based upon the submittal letter and the City review, all development and access will be from the interior cul-de-sacs. VOTE: The motion passed by unanimous consent JOHNSON MARTIN PETERSEN TAURIAINEN FOUR YES YES YES YES YES Chairman Pro Tem Johnson entertained a motion for the plat. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Martin, to grant approval to the preliminary plat subject to s#aff recommendations. VOTE: The motion passed by unanimous consent. JOHNSON MARTIN PETERSEN TAURIAINEN FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE JUNE 9, 2003 MEETING PAGE 6 UNAPpROVCD ~i~~U~~~~ ~~ ... ~- ~~ Kenai Peninsula Borough Planning Department ~ 144 North Binkley Street Soldotna, Alaska 99669-7599 p (907) 262-4441, extension 260 or 261 toll free within the Borough 1-800-478-4441, extension 260 or 261 ~ FAX (907} 262-8618 p,,, emaiL• planning@borough.kenai.ak.us ..~ ~~~~~V~Q June 13, 2003 ;r NOTICE OF DECISION ~UN ~ 3 ~~~~ { KENAI PENINSULA BOROUGH PLANNING COMMISSI CITY ®F 4C~+ilAut MEETING OF JUNE 9, 20U3 Pl~ilE~9d~lli~ i,i4,'ialTl9~ RE: Strawberry Fields Forever Addition #1 Revised Preliminary Ftat; KPB File 2003-045 The Planning Commission granted an exception to KPB 20.20.030 and voted to uphold the Plat Committee's approval of the subject revised preliminary plat by unanimous consent during their regularly scheduled meeting of June 9, 2003. Please contact the PIanning Department if you need additional information. This notice and unapproved minutes of the subject portion of the meeting were sent June 13, 2003 to: City of: City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750. Advisory Planning Commission/Community Council: n/a Survey Firm: Integrity Surveys, 605 Swires Road, Kenai, Alaska 99611-8363. Sub divider/Petitioner: Interested Parties: Kart Mohn 712 North Strawberry Road Kenai, Alaska 99611 Wanda Perry Box 295 Soldotna, Alaska 99669-0295 A. E. Poyner 4560 Wolfe Avenue Kenai, Alaska 99611 Pete Butler 535 Shane Court Kenai, Alaska 99611 Sherry Innes, 39402 North Strawberry Road, Kenai, Alaska 99611. Daniell Hagen 804 Strawberry Road Kenai, Alaska 99611 John, Bemi, and Lincoln Wensley 580 Rance Court Kenai, Alaska 99611 Debby Fahnholz 565 Wartham Avenue Kenai, Alaska 99611 William & Caroline Cookson 575 Wartham Kenai, Alaska 99611 AGENDA ITEM H. SPECIAt_ CONSIDERATIONS Reconsideration of May 12, 2003 Pfat Committee approval of Strawberry Fields Forever Addition No. 01 preliminary plat; KPB 2003-045; [lntegrityllnnes, Winsley]; Location: City of Kenai Staff repor# as read by Maria Sweppy PC Meeting: 6-9-03 Su ortin Information: March 24, 2003: The plat received conditional preliminary approval from KPB Plat Committee subject to extension of Wolfe Avenue south of the south boundary of Tract A Strawberry Fields Forever and within the north boundary of the preliminary of Strawberry Fields Forever Addition #1. The owner and surveyor met with staff later that week and due to the location of Wolfe Avenue extension interfering with a prime building site on the tract, a compromise dedication was agreed upon. This was to be a half right-af-way along the south boundary of the new tract. The revised plat was scheduled for final review at the Apri! 28, 2003 Ptat Committee meeting. April 28, 2003; Prior to the meeting, the landowner submitted a letter indicating that she no longer concurred with the relocation of the right-of-way. She provided documentation from neighbors in support of current and future subdivisions of her land that would provide no extension of Wolfe Avenue or other dedicafion to connect to Strawberry Road. Staff provided mapping of possible future extensions of this requested 430-foot dedication of Wolfe Avenue, none of which would have ever resulted in a 'straight through' dedication to Strawberry Road. The configuration of both the surrounding subdivisions and the landowner's unsubdivided remainder would not have supported any straight through design of an extension of Wolfe Avenue. The surveyor requested exceptions to KPB 20.20.030 Extension of Wolfe Avenue and 20.20.1fi0 Maximum black length. He provided findings to support the exception requests. The location of the subdivision, with numerous subdivided and poten#ially subdividable large acreage parcels to the eastjustified compliance with the Code, and staff was unable to make findings to support the exceptions requests. Aright-of-way dedication would provide the eventual potential for a second ingress/egress point to the properties to the east. The dedication would lie within the City of Kenai, and road construction is regulated by the City. The Plat Committee recommended postponing action to the May 12, 2003 meeting to allow staff time to comment an the exception requests. May 12, 2003: At the end of the public testimony at the meeting, the property owner offered another compromise reached with agreement of the owner of Tract A. Shell Avenue half-right-of-way wou]d be extended across the north boundary of Tract A, and the northerly por#ion of Ms. Innes' unsubdivided remainder from Devray Street to North Strawberry Road. Based upon this proposal, the request for an exception to KPB 20.20.160 Block Length was approved, wi#h findings made to support the three conditions as required. It appears that the Committee and staff may have confused the issue of the requirement for an exception to extension of Wolfe Avenue skill being needed. Staff recommends the exception request be clarified at the current meeting (June 9, 2003} as being an exception requested to KPB 20.20A3^ Extension of Wolfe Avenue, subjec# to provision of the alternate dedicafion of Shell Avenue half right-af--way from Devray 5tree# to North Strawberry Road. KENAI PENINSULA 80ROUGM PLANNING COMMISSION JUNE 9, 20Q3 MEETING pq{;E 28 UNAPPROVCf~ "~'ilr~~t_; i L~ Findings: 1. The extension of She11 Drive dedication provides reasonable means of ingress for surrounding acreage tracts. 2. The extension of Shell Drive dedication will provide equal or better access through the parcel, between Devray Street and S#rawberry Road. 3. The extension of Shell Drive may provide a better intersection with Strawberry Road. 4. Extension of She11 Drive dedication provides reasonable access to the southerly portion of the 40-acre parcel to the north and to the northerly portion of the unsubdivided remainder of the Innes' property. 5. Construction of Shell Drive may not be feasible until a matching dedication is provided by subdivision of the parcel to the north. 6. Construction of Shell Drive is regulated by the City of Kenai. 7. Extension of Shell Drive half right-of-way provides a legal means of public access through the property to North Strawberry Road. . 8. Shell Drive is not a contiguous right-of--way dedication at this time between North Strawberry Road and Kenai Spur Highway. 20.24.010 provides that the Commission may authorize exceptions to any of the requirements set forth in Title 20. This section also states -The Commission shall find the following facts before granting any exceptions: 1. That special circumstances or conditions affecting the property have been shown by application; Findings ?-8 appear fo support this condition. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this tifle; Findings ?, 2, 3, 4 and 7 appear to support this condition. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings ?-8 appear fo support this condition. Staff recommendation: Grant the exception for extension of Wolfe Avenue based upon the alternate dedication of Shell Drive and the above findings. If the Commission votes to grant the exception request to KPB 20.20.030, extension of Wolfe Avenue, based on the above findings being tied to the three conditions, it appears the matter will be clarified and upheld. June 9.2003: A request for reconsideration of the Plat Committee approval of the plat with the extension of Shell Drive between Devray Street and North Strawberry Road has been submitted by Steve and Sue Latz. They own 2 one-acre parcels adjacent to She1I Drive within Three W's subdivision. They oppose any right-of-way extending through the Innes' or Winsley property #o eventually connect to Strawberry Road. Latz Fac# 1 (That special circumstances or conditions affecting the property have been shown) Latz Findings: 1) The neighbors testified the extension through the neighborhood would affect the lifestyle that #hey have became accustomed to. Staff discussion: a. Three W's is a 1981 subdivision into 1-acre lots. b. It is surrounded by large acreage privately owned parcels, including two 40-acre parcels to the north, Ms. Innes' 30 acres to the eas#, and Mr. Winsley's 6.5 acres to the east. c. Numerous other one-acre subdivisions lie to the east of North Strawberry Road. d. The property is located in the City of Kenai, near a paved highway that connects Kenai and Soldotna. e. It is reasonable to assume that subdivision of surrounding large acreage parcels is likely. f. Subdivision of private property is legal, if done In compliance with Borough and City Codes. g. Subdivision requires additional rights-of-way to serve the additional lots and connect~existing roads. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 9, 2003 MEETING PAGE 27 UNAPPROVED MINUTES h. The lifestyle to which the neighbors have been accustomed was based upon choices of surrounding large acreage private property owners to postpone subdivision. 2} The larger parcel size (greater than 6 acres) of Tract A and B indicate they can be subdivided in the future providing road access and dedication. The covenants drawn up for this parcel state parcels must be subdivided in#o units greater #han 3 acres. Any potential buyer far Tract B could easily subdivide their parcel. Staff discussion: a. This property is being subdivided at this time. b. This subdivision is subject to Borough Code in effect at this #ime. c. Dedication at a later date would still result in a dedication d. Dedication at this time provides future legal access, while delineating the current usable area of the tracts. Latz Fact 2 (That the exception is necessary for the preservation and enjoyment of substantial property right} t_atz Findings: 1 } Extension of Wolfe Avenue and Shell Drive would be detrimental to current property rights. Staff discussion: a. Ms. lnnes and Mr. Winsley have the right to subdivide their private property. b, Surrounding properties have the right to a right-of-way pattern providing ingresslegress in compliance with the KPB Code. c. Emergency responders have provided past tes#imony that multiple ingresslegress points are necessary, especially into higher density residential areas. d. Construction of a road within the non-contiguous half-right-of-way does not appear to be necessary for access at this time. e. Construction of the road may not became necessary until the half-right-of--way is matched by subdivision of adjoining properties. 2} An exception is necessary to conserve the space not bisected by roads. Testimony of cross country skiing, hiking and sledding on the property is well documented. Traffic across the land would make this impossible. Granting the exception would substantially preserve a way of fife for those of us who live here. Staff discussion: a. Recreational use of the private property of others has been permissive. b. There is na Code requirement that will protec# or require this recreational use of the private property of others. c. At any time, the permissive recreationa! use of this private property may be withdrawn. d. Dedication of a public half-right-of--way would ensure legal public access across the property. l_atz Fact 3 (That he granting of the exception will not be detrimenta! to the public welfare or injurious to other property in the area) l.atz Findings: 1 } As testimony has indicated ex#ension of Wolfe Avenue and Shell Drive would be detrimental to surrounding property and public welfare in the area. Staff discussion: a. Testimony has indicated that some surrounding property owners within Three W's subdivision would prefer to restrict traffic within their neighborhood. b. The road pattern wil! favor the use of Strawberry Road, a paved and maintained right-of-way with more direct access to the Spur Highway, over the use of interior, indirect subdivision roads. c. Neither Wolfe Avenue nor Shell Drive extension are, or would be likely, to be constructed in the near future. KENAI PENINSULA BORbUGH PLANNING COMMISSION JUNE $, 2003 MEETING PAGE 28 ~, - d. Additional dedication, while not a primary means of access, could even#ually benefit numerous lots to the north and east of Three W's subdivision. e. The subject property is located within city limits, with the possibility of the eventual city-style subdivision development with municipal water and sewer service. f, Dedication of rights-of-way ensures future access. 2} Drawing through traffic into the subdivision to reach Spur Highwaywou[d definitely put children in peril who now play freely in the streets of Three W's subdivision. Staff discussion: a) No right-of-way way is intended to be a play area for children. b) Current constructed rights-of-way are used for vehicular traffic. c) Dedication of a righ#-of-way would allow legal~access from Three W's subdivision to the lands to the north and east of the Innes' parcel. e) The road pattern will favor the use of Strawberry Road, a paved and maintained right-of-way with more direct access to the Spur Highway, over the use of interior, indirect subdivision roads. Staff recommendation regarding reconsideration request: Uphold Plat Committee preliminary plat approval, subjec# to those sections of preceding staff reports #hat remain applicable, and subject #o clarifying and granting the exception request to extension of Wolfe Avenue as presented by staff in the body of the report above, thereby denying the Latz request for exception to extension of any rights-of--way through Strawberry Fields Forever Addition #1. Staff recommendation regarding revised preliminary showing further subdivision of Tract A into two lots, in conjunction with the dedication of Shell Drive and the subdivision of Tract !3: The mail outs had already been sent when #his revised option was presented to staff. Staff has no objection to the subdivision, and would not consider it to be a major design change in need of additions! public notification or hearings, as Tract A is already being subdivided by the additional dedication. Staff recommends approval of the revised preliminary plat which dedicates the alternate Shell Drive right-of-way to include an implicit approval of the subdivision of Tract A into two lots, subject to: 1. Documentation front the Ciry of Kenai that the revision of both the right-af-way dedication and the lots being subdivided do not require additional Planning and honing Commission review or submittal of minutes of the meeting of such review if needed; and 2. Documentation from the City of Kenai that an installation agreement is in place, or that no such agreement is needed; and 3. Compliance with KPB 20.24 Wastewater Disposal review. NOTE: Any party of record may file an appeal of a decision of the Planning Commission to the Assembly sitting as a Board of Adjustment in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances, Chapter 21.20.250. Parties of record include those who provide written and verbal testimony during the Planning Commission public hearing. Petition signers are not considered parties of record unless separate written or verbal testimony is provided (KPB Code 21.20.210.6.b.1). An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the $300 filing and records preparation fee. END OF STAFF REPORT Chairman Bryson stated for the record that Lynn Hohl was now present. Chairman Bryson said he would like to declare what could be perceived as a conflick of interest in conjunction with {~ENAi PENINSULA BOROUGH PLANNING COMMISSION JUNE 9, 2D03 MEETING pq(,E 2g U~1f~lPF'i'iQl,'~`~ MilrlU~cS a large parcel to the north of the proposed extension of Shell Drive and a large parcel westerly of the proposed extension of Shell Drive. Allen Corthell owned the parcel to the north. Chairman Bryson was a partner with Mr. Corthell and Mr. Wince in the ownership of an engineering building. Chairman Bryson was also a corporate partner with Mr. Carthell in the engineering business. Mr. Wince was no longer active in the corporation. Chairman Bryson had no financial interest in either parcel. He reques#ed a ruling by the Commission concerning the appropriateness of his participation. DETERMINATION: Vice Chairman Clark moved, seconded by Commissioner Martin, to rule that Philip Bryson had no conflict of interest regarding the revised preliminary plat of Strawberry Fields Forever Addition No. 1 and did not need to recuse himself. VOTE: The determination passed by unanimous consent. BRYSON BOSCACCI CLARK GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES ABSENT YES YES ABSENT JOHNSON MARTIN PETERSEN 7AUREAINEN TROEGER VACANT SEAT B YE5 YES YE5 YES YES ABSENT HOMER CITY 4 ABSENT 1 VACANT SEAT Chairman Bryson opened the meeting for public comment. Steve Latz Mr. Latz disagreed with the Shell Drive option. About six residents in Three W's Subdivision attended the May meeting because they understood that Wolfe Avenue was going to be dedicated straigh# through to Strawberry Road. Everyone testified that they did not like having the access going straight up and through fhe neighborhood. This is essentially what dedicating Shell Drive will do. Mr. Latz asked the Commission #o not dedicate Shell Drive and consider dedicating Wolfe Avenue instead. Sherry Innes Ms. Innes, owner of Strawberry Fields Forever Subdivision, was #rying to sell her properly in large parcels. She believed her written comments clearly stated her appeal as a property owner to subdivide land, which she has awned more than 30 years. She carefully planned her subdivision so that the quality of fife would still be preserved for herself and her neighbors. Six people from Three W's Subdivision testified during the previous public hearing, but not everyone who testified apposed the dedication of Shell Drive. Mr. Wensley owns Tract A, which is .northerly of the parcel Ms. Innes wished to sell. Mr, Wensley could not attend this meeting. He submi#ted written comments, which supported dedicating Shell Drive. He would be directly affected by dedicating Shell Drive. Mr. Wensley and Ms. Innes proposed to give a half dedication ko extend Shell Drive to Strawberry Road. When Ms. Innes checked into subdividing her proper#y many years ago, she was told at the time #hat Shell Drive would be extended some time in the future. She hoped the Commission would grant the exception and concur with the proposed dedication of Shell Drive. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment and opened discussion among the Commission. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Martin, to grant the exception to 20.20.030, adop# Findings 1-8, and tie the findings to the facfs. Chairman Bryson asked staff if the motion addressed the petition. Ms. Toll replied yes. She believed granting the exception was the intent of the Plat Committee; however, this matter was not clearly addressed. The motion will clarify that an exception to extending Wolfe Avenue was required. Chairman Bryson noted tha# the motion was contrary #a the petition. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 3, 2QQ3 MEETING PAGE 30 ~~ It was the consensus of the Planning Commission that: Findings ~-8 applied to Fact t {That special circumstances or conditions affecting the property have been shown by application.); Findings 1, 2, 3, 4, and 7 applied to Fact 2 (That the exception is necessary for the preservation and enjoyment of a substantial property right and is the mast practical manner of complying with the intent of this title}; Findings 1-8 applied to Fact 3 (That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.). Findings: 1. The extension of Shell Drive dedication provides reasonable means of ingress far surrounding acreage tracts. 2. The extension of Shell Drive dedication will provide equal or better access through the parcel, between Devray Street and Strawberry Road. 3. The extension of Shell Drive may provide a better intersection with Strawberry Road. 4. Extension of Shell Drive dedication provides reasonable access to the southerly portion of the 40-acre parcel to the north and to the northerly portion of the unsubdivided remainder of the Innes' property. 5. Construction of Shell Drive may not be feasible until a matching dedication is provided by subdivision of the parcel to the north. 6. Construction of Shell Drive is regulated by the City of Kenai. 7. Extension of Shell Drive half right-of--way provides a legal means of public access through the property to North Strawberry Raad. 6. Shell Drive is not a contiguous right-of-way dedication at this time between North Strawberry Road and Kenai Spur Highway. VOTE: The motion passed by unanimous consent. BRYSON BOSGACCI CLARK GROSS HOHL HUTCHINSON !SHAM YES ABSENT YE5 ABSENT YES YES ABSENT JOHNSON MARTIN PETERSEN TAURIAINEN TROEGI=R VACANT SEAT 8 YES YES YES YES YES ABSENT HOMER CITY 4 ABSENT '[ VACANT SEAT Chairman Bryson commented that the appeal process was included in the staff report, which was read. MOTION: Vice Chairman Clark moved, seconded by Commissioner Petersen, to uphold the Plat Committee's decision regarding the preliminary plat. VOTE=: The motion passed by unanimous consent. BRYSON BO&CACGI CLARK GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES ABSENT YES YES ABSENT JOHNSON MARTIN PETERSEN TAURIAINEN TROEGER VACANT SEAT 8 YES YES YE5 YE5 YES ABSENT HOMER CITY 4 ABSENT 9 VACANT SEAT Chairman Bryson asked if staff had additional comments. Mr. Best replied no. 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O y o. ~ A. • ° ~ ~ ~a ~ o ~ o .c ~ ~, a a ~ ~ o ~ ~ °' ~ a a± u ~ ~' ~ d+ ti Q ~ '> u ° c ° '`~ v G u '~ u v ~ ~ ~~ °1 ca a u ~ '~ a~ '2 ~; C3 ~ o Z a o ,~ ~s ca. u ~ ~ ~ .~J U y N rn ~ ~ y '~ ~ U U N r~ii C ? --: ~ ~ G R •,. ~-r O ~ ~ O vOi cd ~ N v~ ~ .fir. ~ N ~ ~ U •Y ~ c~ 0 -~ ~ ~ C ~ U ~ ~A ~ ,r C's q c j ?~! Obi U ~ ~ O O °' cd °? y a"-'] O ~ >, 'U $ u ~ N U ~ ~ ~ ~ ~ C]. U y ~ ~ ~ .O b .V ,ti 4 ~' C' .4 E-~ v O N y C > N > C > ~' a ~ a~ a u c ap W ~ ~ ~ a~ ~ ° o v ~ ~ o w ~ O "" u °' ~' aoi ~ ~ O > ~ 'd p., v o v a>i ~~ .~ A v v .~ •~ N U S y °~,' N ~ w A z~~ o o. ~ ~ Q ,~ o AGENDA PLANNING 8~ ZONING COMMISSION June 25, 2003 - 7:OD P.M. KENAI CITY COUNCIL CHAMBERS http_//www.ci.kenai.ak.us SCHEDULED PUBLIC COMMENT: CONSIDERATION OF PLATS: a. PZ03-25-Preliminary Plat -Strawberry Fields Forever Addition #1. Plat submitted by integrity Surveys, 605 Swires Road, Kenai, Alaska. b. PZ03-28-Preliminary Plat - 5hankel Subdivision. Pfat submitted by Integrity Surveys, 805 Swires Raad, Kenai, Alaska. PUBLIC HEARINGS: a. PZ03-22-Conditional Use Permit for Cabin Rentals - 130 Phillips Drive (Lot 6, Block 8, Valhalla Heights Subdivision Part 3}, Kenai, Alaska. Application submitted by Clinton ~ Delores Coligan dba Captain Bligh's Beaver Creek Lodge, P.t7, Box 4340, Soldotna, Alaska. ~. PZ03-23-Conditional Use Permit for Cabin Rentals - 140 Phillips Drive (Lot 7, Block 8, Valhalla Heights Subdivision Part 3j, Kenai, Alaska. Application submitted by Clinton & Delores Coligan dba Captain Bligh's Beaver Creek Lodge, P.O. Box 4300, Soldotna, Alaska, ,. PZ03-24-A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive Plan for the City of Kenai by the Kenai City Council. The public is invited to attend and participate. The meeting will commence at 7:00 p.m. at Kenai City Hall (lower level). Additional information may be obtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), ar by calling 283-7535 ex#ension 235. Marilyn Kebschull Planning $ Zoning Administration Publish: June 23, 2003 ~ ~~-~~ CITY OF ]KENAI PLANNING 8s ?,ONING CO]M1HI33ION PUBLIC HEARING NOTICE 210 FIDALGO STREET KENAI, ALASKA 99611-7794 htlg:llwww.ci. keno i. ak. us The following public hearings nave been scheduled for the Planning and Zoning Commission meeting of June 25, 2003: PZ03-22-Conditional Use Permit for Cabin Rentals -130 Phillips drive (Lot 6, Block $, Valhalla Heights Subdivision Part 3), Kenai, Alaska. Application submitted by Clinton & Delores Coligan dba Captain 81igh's Beaver Creek Lodge, P.O. Box 4300, 5oldotna, Alaska. PZ03-23-Conditional Use Permit for Cabin Rentals - 140 Phillips Drive {Lot 7, Black S, Valhalla Heights Subdivision Part 3), Kenai, Alaska. Application submitted by Clinton & Delores Coligan dba Captain Bligh's Beaver Creek Lodge, P.O. Box 4300, Soldotna, Alaska. PZ03-24-A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive Plan for the City of Kenai by the Kenai City Council. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at the hearing ar submit written comments to the Gity of Kenai, Planning Department, 210 Fidalgo, Kenai, Alaska 99611-7794 prior to the meeting. Comments may also be emailed to mkebschull@ci.kenai.ak.us. For more information please contact Marilyn Kebschull at 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: June 18 8~ 20, 2003 ~ ~> > Ia:~ CITY OF KENAI PLANKING ds ZONINQ COMMISSION PUBLIC HEARINQ NOTICE 210 FIDALGO STREET KENAI, ALASKA 99611-7794 ht#n:Il+nrww.ci. kenai.ak.us The City of Kenai's Draft Comprehensive Plan is available for public review. The plan may be viewed on the City's website at www.ci.kenai.ak.us or copies are available at City Hall. A public hearing recommending adoption of the plan is scheduled for the June 25~' Planning & Zoning Commission meeting. The meeting will be held at 7 p.m. in Council Chambers at 210 Fidalgo Avenue. Comments may be presented at the public hearing, mailed to Marilyn Kebschull, Planner, City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611, or sent via email to mkebschull@ci.kenai.ak.us. Comments must be received no later than June 25, 2003. F'or further information, contact the Planning Department at 263-7535 extension 235 or 237. Marilyn Kebschull Planning 8~ Zoning Administration Publish: June 16 ~ 19, 2003 ~ I~ Ct~11 Q~ PLEASE PRINT SYGN IN SHEET PUBLIC HEARING: I~ J , 2003 NAME /~, ADDRESS ~ ,}~ G S ' Yom/ - 7'~ y t ~~s