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HomeMy WebLinkAbout2006-01-11 Planning & Zoning PacketCOMMISSION CHAIR REPORT January 11, 2006 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD: 5a Comments from Dale & Shirley Johnson Administration 230 N. Fern Street, Kenai, AK 12e Commissioner Hammelman's Resignation Administration 0601 Convnent.doc Page 4 The proposed rezone from Rural Residential and General Commercial to Limited Commercial will provide for development along the Kenai Spur Highway while not restricting residential use. Based on the application and review of Kenai Municipal Code and Comprehensive Plan, the requested rezone meets the criteria for an amendment to the zoning map. Recommend approval. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-01 2. Application with Attachments JAN 1120~s - ~ -~17 9 Cti ~ Q~1 L, ~ ~ JG I~IN,SG/V ~ 1. / ~r ~1 r ~30~, ~.~ Irv S ~ J,~ 7'~,c~~ ~ ~ T ~ ,~- B ~ ~D" ~ Ty, ~v,{~ i /-~ ~s 1~,~ zaN~ S~I~~~~~ ~t ~aNE t~ ~~~Yd ~I T`/PaM"fl~~ ,~d ~~~ C ~ T ~ CJ ~ I~~/b ~ , ~ O'N7 /YI ~ ~ d~ /'I tit G - ~~ t~~~ ~ ~o ~ ~~ ~. ~_ i~ . G~ r~~ . ~~~-~ ~~ ~~~~~ ~~ Resignation from Planning and Zoning Commission Page 1 of 1 Marilyn Kebschull From: Hammelman, John C [jammelman@unocal.com] Sent: 11 January, 2006 10:38 AM To: Kenaimayor10@msn.com Cc: Carol Freas; Marilyn Kebschull Subject: Resignation from Planning and Zoning Commission Mayor Porter, Please accept this email as my resignation from the P&Z Commission. It has been my pleasure to serve on the commission and to work with your staff. Respectively, John Hammelman 01/11/2006 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 11, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair & Vice Chair c. Agenda Approval d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *December 14, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-03 -Preliminary Plat -Baron Park 2005 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-01 - An application to rezone parcels located between Ross Street & North Fern Street as shown on Attachment A (on file) from Rural Residential and General Commercial to Limited Commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZ06-02 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service for the property described as Lot 6, Block 6, Valhalla Heights Subdivision Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ06-04 -Application for a home occupation permit for a daycare for the property known as Lot 4, Block 9 Mommsens Subdivision Replat of Addition #1 & #2, (1106 First Street), Kenai, Alaska. Application submitted by Charlotte M. Yamada, 1106 First Street, Kenai, Alaska. b. Amendment to Land Use Table -Footnote 10 - Discussion/Set Public Hearing 8. PENDING ITEMS: Agenda January 11,2006 Page 2 a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration - Property Maintenance Ordinance - Amendment to Land Use Table -Footnote 19 -Status 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Board of Adjustment Decision of Debbie McKay -Case No. BA-OS-4 b. "Zoning Bulletin" -December 10, 2005 c. City of Kenai 2005 Building Permit Report d. City of Kenai 2005 Planning & Zoning Resolutions Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting -Development of a Mixed Use Overlay Zone -Discussion as CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 14, 2005 - 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. *November 9, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZOS-65-An application for a variance from the development requirements for maximum height for the property known as Tract A, Papa Joe's Subdivision, Chumley Replat (9520 Kenai Spur Highway), Kenai, Alaska. Application submitted by Kenai Church of God & Klauder & Company, 606 Petersen Way, Kenai, Alaska. b. PZOS-66 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 5, Block 1, Thompson Park Subdivision (150 Fern Street), Kenai, Alaska. Application submitted by Bruce Passe, P.O. Box 2558, Soldotna, Alaska. 6. OLD BUSINESS: a. Board of Adjustment Decision -Snow -Remand to Commission -Discussion 7. NEW BUSINESS: *PZOS-63 -Application for a home occupation permit for a daycare for the property known as Lot 4, Block 1, Three W's Subdivision Amended (550 Wortham Avenue), Kenai, Alaska. Application submitted by Patsy A. Easling, 550 Wortham Avenue, Kenai, Alaska. b. PZOS-64 (PZ99-06)-A request for transfer of Conditional Use Permit PZ99-06 (Storage Yard) from Beaver Loop Partnership to Nabors Alaska Drilling, Inc. for the property described as Tract B, BLP Subdivision (1755 Cone Avenue), Kenai, Alaska. Transfer requested by Nabors Alaska Drilling, Inc., 2525 C St., Suite 200, Anchorage, Alaska. c. *PZOS-67 -Application for a home occupation permit for a daycare for the property known as Lot 33, Block 1, Redoubt Terrace Subdivision (1612 Tanaga Avenue), Kenai, Alaska. Application submitted by Jan Stiers, 1612 Tanaga Avenue, Kenai, Alaska. d. PZOS-69 (PZOS-06)-A request for transfer of Conditional Use Permit PZOS-06 (Meal Preparation Business) The Family Table from Cheney McLennan to Laura L. Ganshow for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Transfer requested by Laura L. Ganshow, 405 Birch Street, Kenai, Alaska. e. Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park -Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. -Discussion and Recommendation f. Tidelands Lease Application - City of Kenai Shore Fishery No. 2 -Discussion and Recommendation g. Land Use Table -Footnote 19 -Code Amendment -Discussion 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (10/10/OS & 10/25/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 14, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: B. Eldridge, N. Amen, R. Lawrence, J. Hammelman, L. Chase Commissioners absent: J. Twait, P. Bryson Others present: Councilman Ross, City Planner Kebschull, Department Assistant Carver, and Contract Secretary B. Roper; A quorum was present. 1-b. Agenda Approval Chairman Hammelman noted the lay downs provided before the meeting. They were: ADD: 7-e Memo from Rebecca Cronkhite, Airport Manager ?-f Letter from Ted Crookston MOTION: Commissioner Eldridge MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda with Item 2-a removed and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- November 9, 2005 Commissioner Amen noted on page 7 he was referred to as Commissioner Nelson or Nelson and requested it be changed to Commissioner Amen. MOTION: Commissioner Amen MOVED to approve the minutes of November 9th with the requested corrections. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-65 -- An application for a variance from the development requirements for maximum height for the property known as Tract A, Papa Joe's Subdivision, Chumley Replat (9520 Kenai Spur Highway), Kenai, Alaska. Application submitted by Kenai Church of God & Klauder 8v Company, 606 Petersen Way, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet and noted the following: • The Building Official determined the cross was not considered a structure and should not be considered as part of the height of the building. The Commission must decide whether they are in agreement with the Building Official. • If the Commission disagreed an additional variance of 12"4" would be required; making the total variance 18'8". • Staff recommended approval of a variance for the height of 7' to allow for minor deviations from the design during construction. Commission Lawrence abstained from voting due to his employment with Klauder and Company. Chairman Hammelman opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Eldridge MOVED to recommend a variance of 19' to include the cross in the height of the structure as illustrated in the drawing. Commissioner Chase SECONDED the motion. Kebschull noted the Building Official would not consider the cross as part of the structure when issuing a building permit. PLANNING 8a ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 2 Commissioner Amen asked the height of Kenai Central High School and Kebschull reported the auditorium as 50' and the Multipurpose Facility as 35'. Kebschull also noted, to protect the Commission's decision she recommended it be noted that it be based on the drawings as submitted. Eldridge, who made the motion and Commissioner Chase, the second, agreed to include that information as part of the motion. VOTE: Twait Absent Eldrid e Yes Amen Yes Lawrence Abstain Hammelman Yes B son Absent Chase Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. 5-a. PZ05-66 -- An application for an Encroachment Permit for a side yard setback for the property known as Lot 5, Block 1, Thompson Park Subdivision (150 Fern Street), Kenai, Alaska. Application submitted by Bruce Passe, P.O. Box 2558, Soldotna, Alaska. Kebschull noted the following: • The applicant applied for a variance in 2002 to construct a garage with storage space above the garage into the side yard setback. It was noted in the public hearing the structure would be used for a garage and storage space. The building permit was issued for the same. • In September 2005 the Building Official was requested to conduct a final inspection at the request of the applicant. During the inspection the Building Official discovered an apartment had been built in the area designated as storage. The Building Official also noted the garage/apartment structure was not attached to the dwelling as noted on the plans. • The applicant received a letter advising he was in violation of the City's zoning and building codes by constructing the apartment without the required permits. He was also notified he would be required to pay additional residential water and sewer monthly fees. It was also noted the breezeway had not been constructed. • The applicant was now applying for an encroachment permit for the garage/apartment; the applicant indicated it was his intent to complete the breezeway; the zoning code requires a minimum of six feet between structures; and, without the breezeway, an additional encroachment permit would be required. PLANNING 8s ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 3 • Staff recommended approval with the stipulation the breezeway be completed no later than June 1, 2006. Staff also recommended no encroachment permit be issued until the construction of the breezeway was completed and approved by the Building Official. Hammelman opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Amen MOVED to approve PZ05-66 to include both recommendations of staff and Commissioner Lawrence SECONDED the motion. Discussion followed during which included the following comments: • There had been no feedback from neighbors other than one response which resulted in no concerns after the City explained the situation. • This was a situation where one was well aware of the requirements to build a structure and the applicant basically said one thing and did another and it was a situation where the Commission should be watching what goes on in the City and should not allow people to push the law like this. • The City's hands tied as the construction was already completed and suggested those individuals who do not follow the rules be deterred with a fine. • Documentation of what transpired previously could be found in the staff report of the 2002 meeting, in the minutes of that meeting, and the building permit was issued for agarage/storage. • No occupancy permit was issued because the City could not give one as long as a zoning violation existed. • The penalty of taking advantage of the code would not be to not deny the application, but should be in the recommendations attached to it; the applicant could be given one more chance to meet the requirements; and, no one in the area complained about the issue. • It was significant the adjoining property owner did not have a problem with the issue. VOTE: Twait Absent Eldrid e Yes Amen No Lawrence Yes Hammelman Yes B son Absent Chase Yes MOTION PASSED. Hammelman explained the appeal process. PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 4 ITEM 6: OLD BUSINESS 6-a. Discussion -- Board of Adjustment Decision/Snow -- Remand to Commission Kebschull referred to the memo included in the packet regarding a possible rezone on a section of the Kenai Spur Highway and stated the Board of Adjustment asked if the Commission would consider whether or not the area should be rezoned. Kebschull stated the Department included the area from Ross Road to Fern Street and sent notices to the affected property owners asking whether they would be interested in a rezone of the area. Four responses were received, three of which stated favor of a rezone. Kebschull noted, the Commission would need to decide whether to proceed with a public hearing. After a brief discussion on buffers and landscaping requirements, the Commission directed staff to schedule a public hearing. ITEM 7: NEW BUSINESS 7-a. PZ05-63 -- Application for a home occupation permit for a daycare for the property known as Lot 4, Block 1, Three W's Subdivision Amended (550 Wortham Avenue), Kenai, Alaska. Application submitted by Patsy A. Easling, 550 Wortham Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. PZ05-64 (PZ99-06) -- A request for transfer of Conditional Use Permit PZ99-06 (Storage Yard) from Beaver Loop Partnership to Nabors Alaska Drilling, Inc. for the property described as Tract B, BLP Subdivision (1'755 Cone Avenue), Kenai, Alaska. Transfer requested by Nabors Alaska Drilling, Inc., 2525 C St., Suite 200, Anchorage, Alaska. Kebschull reported the following: • Nabors Alaska Drilling, Inc. purchased the property from Beaver Loop Partnership. • Nabors leased the property from Beaver Loop Partnership since 1992. • Nabors had been and would continue use as currently allowed under Conditional Use Permit PZ99-06. • Staff recommended approval as Nabors was in compliance and must follow KMC 14.20.158. MOTION: PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 5 Commissioner Eldridge MOVED to approve PZ05-64 and Commissioner Amen SECONDED the motion. VOTE: Twait Absent Eldrid e Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Yes MOTION PASSED UNANIMOUSLY. 7-c. PZ05-6? -- Application for a home occupation permit for a daycare for the property known as Lot 33, Block 1, Redoubt Terrace Subdivision (1612 Tanaga Avenue), Kenai, Alaska. Application submitted by Jan Stiers, 1612 Tanaga Avenue, Kenai, Alaska. Approved by consent agenda. 7-d. PZO5-69 (PZ05-06) -- A request for transfer of Conditional Use Permit PZ05-06 (Meal Preparation Business) The Family Table from Cheney McLennan to Laura L. Ganshow for the property described as KN T06N R11W S 34 NWl/4 SWl/4 SWl/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Transfer requested by Laura L. Ganshow, 405 Birch Street, Kenai, Alaska. Kebschull explained the request for transfer, noting it met all the requirements and staff recommended approval. Commissioner Chase stated a conflict of interest and requested to abstain from voting. There were no objections. VOTE: Twait Absent Eldrid e Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Abstain MOTION PASSED UNANIMOUSLY. 7-e. Discussion/Recommendation -- Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park/Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 6 Kebschull reviewed the materials included in the packet and discussion followed whether the lease application met the requirements of the Kenai Municipal Code, the Airport Master Plan, and the Comprehensive Plan. Kebschull reported, the Airport Commission reviewed the lease and in doing so considered four questions: • Does the use comply with the Airport Master Plan? The Airport Commission determined the use was non-aviation related and did not comply with the 2005 Master Plan Update. • Does the lease comply with the airport land use plan and the airport layout plan? The Airport Commission determined the use did not comply with the 2005 Land Use Diagram as the Diagram designated the area for aviation use. • Those two items related to the proposed Airport Supplement Plan which had not yet been approved. • Should an interim use be allowed? The Airport Commission determined yes. Kebschull reported a lengthy debate was held by the Airport Commission on the interim time and use and they decided to recommend a 12.5 year lease with no option to purchase; suggested the lease include an improved landscaping of the current lot, including a buffer hedge on the side street property and similar landscaping on the new development; and, recommended the landscape requirements be part of the lease. Kebschull presented a list of questions to the Planning 8v Zoning Commission to be considered and a determination made. They were: 1. Did the Commission find the intended use complies with the zoning ordinance? Answer: Yes 2. Did the Commission find the intended use complied with the Comprehensive Plan? Answer: No 3. Did the Commission find the application as complete? Answer: No. 4. Did the Commission find the proposed use as the highest and best use for the property? Answer: Yes, in the interim until the Airport use is identified. 5. Did the Commission find the intended use would conform to the current Airport Master Plan? Answer: Yes 6. Did the Commission find the parcel located in the proposed Airport Reserve? Answer: Yes. 7. Did the Commission find the proposed use met the land use identified in the Airport Supplemental Planning Assessment? Answer: No. 8. Did the Commission find the interim use appropriate? Answer: Yes 9. Did the Commission find the lease should limit the time for the interim use? Answer: Yes. 10. Did the Commission find the lease should allow the property to be sold? Answer: No. PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 7 Kebschull stated she would provide a memo to Kim Howard regarding the Commission's comments on the subject and it would be forwarded to the City Council. 7-f. Discussion/Recommendation -- Tidelands Lease Application -City of Kenai Shore Fishery No. 2. Kebschull explained, the City Code directs the Commission to determine that a contemplated use falls within that permitted under the zoning ordinance. As noted, the City does not zone the waters within the City of Kenai, however she believed it was reasonable to assume that if it were zoned, fishing would be a permitted use; the Cook Inlet is not zoned; parcels only go out so far then there is no parcel base for that land; and, the lease applicant was also concerned about not being in attendance. MOTION: Commissioner Eldridge MOVED to approve the lease application citing that the City already leases waters forward of this parcel. Commissioner Lawrence SECONDED the motion. Hammelman referred to the question whether or not the Planning 8v Zoning Commission determines whether the contemplated use falls within the permitted under the zoning ordinance, and stated it did not. Following discussion, Kebschull suggested the Commission say it meets the zoning ordinance because it was not land, fishing is traditionally a permitted use within the waters, and the Commission requests the City Attorney to review the section of the code. WITHDRAWAL OF MOTION: Eldridge withdrew his motion to approve the lease application. MOTION: Commissioner Amen MOVED that the Planning & Zoning Commission finds the contemplated use is permitted under the zoning ordinance; because the property is not zoned and fishing is traditionally permitted use in that area; and the Commission requests the City Attorney to review that section of the Code. Commissioner Eldridge SECONDED the motion. VOTE: Twait Absent Eldrid e Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Yes PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 8 MOTION PASSED UNANIMOUSLY. 7.g. Discussion -- Land Use Table, Footnote 19/Code Amendment Kebschull explained the Code amendment and stated the footnote in question prohibited some uses. She requested the Commission to consider amending the Land Use Table to remove the footnote. Kebschull added each case would still be considered individually. After discussion it was determined a public hearing should be scheduled. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the agendas for Council's November 16 and December 7 meetings were included in the packet.. 10-b. Borough Planning -- No report. It was noted the agendas for the November 14th, November 28th, and December 12th meetings were included in the packet. 10-c. Administration -- Kebschull reported the following: • Referred to a memo included in the packet which was received from the Kenai Peninsula Borough Attorney's Office regarding disqualification for bias of a planning commissioner. • The second meeting in March may need to be cancelled or the location changed due to potential elevator renovation in City Hall. The request to cancel would only be if there is no business. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (10/ 10/05 8v 10/25/05) ITEM 13 : COMMISSION COMMENTS & QUESTIONS No comments. ITEM 14: ADJOURNMENT MOTION: PLANNING 8~ ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 9 Commissioner Eldridge MOVED to adjourn and Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:20 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING 8~ ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 10 ya STAFF REPORT To: Planning & Zoning Commission Date: December 22, 2005 Res: PZ06-03 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Baron Park 2005 Replat Legal Description: A replat of Lot 1 & Tract C, Baron Park #5 & Tract B-1 Baron Park #10 & ROW Vacation of Cricket Drive Street Address: 10096 Kenai Spur Highway/250 Cricket Drive/280 Marathon Road KPB Parcel No.: 04336101, 04336102 & 04336106 Existing Zoning: II, -Light Industrial Current Land Use: Vacant Land Use Plan: Central Commercial ANALYSIS Plat removes lot lines to create one large parcel from three parcels resulting in Tract 1 containing approximately 38.224 Acres. Plat also vacates the Cricket Drive right-of--way and replaces it with a 60-foot utility easement. A 10-foot utility easement is vacated along the previous lot line between Lot 1 and Tract C. The resulting lot size meets the requirements for the IL -Light Industrial zone. Public water and sewer service is available to serve this parcel. City Engineer: Further replatting will occur in the future as the developer determines uses. An existing gas line lies within the easement being created. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ06-03 2. Preliminary Plat ~s ~~'~ ~. CITY OF KENAI PLANNING AND ZONING COMMISSION -~ .a~ RESOLUTION NO. P7A6-03 thecityof SUBDIVISION PLAT KENA~ SKA 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 Baron Park 2005 Renlat was referred to the City of Kenai Planning and Zoning Commission on December 22, 2005, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned IL -Light Industrial and therefore subject to said zone conditions. 2. Water and sewer: Is Available. 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. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES BARON PARK 2005 REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 11, 2006. CHAIRPERSON: ATTEST: ~ R ~ ~~R a z i$ ~ a ~ a ~' ? a j 1~~~ ~ b ~~ V Y +• ~S $ ~ f ,~. o ~ I o ~ I ~~~ a ~ ~~ F ~ _ !d° ~ gg '~~5 Q J ~ ~ ~ gg oO ~C ~ I p~i f ~Z~ ~ ~ ~ w ~ ~~~ ~~ ~ ~ ~ ~ L ~ ~ N ~~ ~ ~ ~ ~ ~_ ~ _~'61t~ d $ 'a ~ $ e2 ~ 7'# ~ _ P 9 ~~~/!/ d Qn ~1 a ~~ a Q~ ~~ 0 o a-_. ~ ~ ~~ ~~ ~ ~ ~~ ~~ Z~~~~~~ o ..... ..I " `-' ~SE~ ~a 8~ R _~~ b 16 a: i ,~ ,. ~~~ a ~~ .~ °9 ~5 ~~~ ~_ ~ ~a ~~ a ~ ~ ~~ ~~~ s ~S $ e~ES k ~gg~ $ ~~ ~~~~a ~ ~ ~~ ~~~ g~ o ~~~ ~ ~ ~i~~a 2 ~ n n ~ Pvo~ uOYJzualP STAFF REPORT To: Planning & Zoning Commission Date: 12/28/05 50. Res: PZ06-01 GENERAL INFORMATION Applicant: John Hammelman, Chairman Kenai Planning & Zoning Commission 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone from Rural Residential and General Commercial to Limited Commercial Legal Description: Parcels between Ross Street & North Fern Street as shown on Attachment A Street Address: See Attachment B KPB Parcel No.: See Attachment B Existing Zoning: Rural Residential & General Commercial Current Land Use: See Attachment B Land Use Plan: Neighborhood Commercial & Rural Residential ANALYSIS General Information: In June 2005, Jay and William Snow applied to rezone their property located at 5648 Kenai Spur Highway from Rural Residential to General Commercial to allow them to operate a car sales lot and auto repair business. The Planning & Zoning Commission held a public hearing on July 27, 2005. The Commission denied the requested rezone. On August 9, an appeal was filed by Jay Snow. On September 7, the Board of Adjustment held a hearing on the appeal. The decision of the Board was issued on October 7, 2005. The Board remanded the decision to the Commission for consideration of rezoning to Limited Commercial zone. The Board also asked that the Commission notify and seek input from nearby property owners. In October administration prepared information for the Planning & Zoning Commission to consider in response to the remand from the Board of Adjustment. An area along the Kenai Spur Highway was identified for 0601 Comment.doc Page 2 consideration. The Commission requested staff to contact the owners of identified properties and seek input into the possible rezoning of their properties. Notices were sent to 55 property owners along the Kenai Spur Highway from Ross Road to Fern Street. Input was received from four owners (three emails and one phone call). Of those responding, three were in favor of the rezone and one was against. After receiving this information, the Commission directed staff to proceed with a public hearing to consider the rezone of these properties. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights- of-way) unless the amendment enlarges an adjacent district boundary." The proposed rezone area is approximately 58.75 acres. The area being considered includes parcels currently zoned Rural Residential and General Commercial. The proposed zone to the Limited Commercial zone would allow a mixture of residential and commercial uses. There are developed and vacant lots in this area. Shown on Attachment B is a list of parcels and their current usage and whether or not the use would be conforming in the Limited Commercial zone. Based on Kenai Peninsula Borough property data and a visual review of the area, there may be 11 non-conforming uses created. Of these, 6 are currently non-conforming (three mobile homes and three accessory buildings). The other five parcels that the rezone would create non-conforming uses are due to size of the structure's footprint exceeding the allowable 3000 square feet (the Fraternal Order of Eagles - building straddles lot line, the storage facility, the transmission shop/warehouse, and the Wisniewski residence/funeral home). Three non-conforming lots would be created by the rezone. Anon-conforming lot would be one that is less than the required 12,500 square feet. The Limited Commercial zone was "established to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts." The increased traffic along the Kenai Spur Highway has limited residential development along the highway. The Board of Adjustment noted, "The Board is forced to recognize that restricting use of the property to solely residential purposes may simply result in vacant and run down homes along the highway." The Board commented that this area might be appropriate for limited commercial use while protecting neighborhoods and, "The Limited Commercial Zone was specifically designed for this type of zoning problem, allowing limited commercial development while protecting adjoining residential neighborhoods." The City of Kenai Comprehensive Plan addresses concerns of commercial 0601 Comment.doc Page 3 development in residential areas, "Another issue of neighborhood concern is commercial development near residential areas as conditional uses or through rezones, particularly along the Kenai Spur Highway. One of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses. This is best achieved by zoning sufficient suitably located land for all expected uses, then adhering to the zoning plan." Under Commercial Land Use Development Policies, the plan speaks to promoting adaptive reuse of vacant commercial building in the city center and along the Kenai Spur Highway. "Prepare criteria and standards under which compatible mixed uses are allowed to ensure that the uses are compatible with surrounding uses." (Page 37) When the Comprehensive Plan was written, the City did not have amixed-use zone. Since then, the Limited Commercial zone has been developed to allow mixed uses of residential and commercial. The zone has strict development criteria that limit the size of structures as well as landscaping with separation between uses. City Engineer: Kenai Spur Highway access could become and issue with the high density of small lots. Most commercial uses that could generate high traffic volume require conditional use and access should be reviewed during the conditional use process. Building Official: No building code issues. RECOMMENDATIONS The Board of Adjustment remanded the appeal of a rezone to the Planning and Zoning Commission to consider rezoning an area along the Kenai Spur Highway from the Rural Residential and General Commercial zones to the Limited Commercial zone. The area lies between North Fern Street and Ross Street. The area is developed with a mix of residential and commercial uses. The City of Kenai has identified the area along the Kenai Spur Highway as hindered from future development due to traffic along the highway and the residential zoning limitation. There is limited land currently zoned commercial along the highway and the current vacant residential land does not allow for commercial development. The Comprehensive Plan noted that uses should not be allowed through the conditional use process the has been used to allow some development along the highway and recommended zoning suitable for all land uses and to prepare criteria and standards under which compatible mixed uses are allowed to ensure that the uses are compatible with surrounding uses. 0601 Comment.doc Page 4 The proposed rezone from Rural Residential and General Commercial to Limited Commercial will provide for development along the Kenai Spur Highway while not restricting residential use. Based on the application and review of Kenai Municipal Code and Comprehensive Plan, the requested rezone meets the criteria for an amendment to the zoning map. Recommend approval. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-01 2. Application with Attachments s,'~ ~`~, CITY OF KENAI ~. PLANNING AND ZONING COMMISSION ` ~~-~~~, RESOLUTION NO. PZ06-O1 t~~~ttyof KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: John Hammelman, Chairman, Planning and Zoning Commission ADDRESS: City of Kenai, 210 Fidal~o Avenue, Kenai, AK 99611 LEGAL: See Attachments A & B PARCEL #: See Attachment B WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential and General Commercial 2. The present land use plan designation is Rural Residential & Neighborhood Commercial 3. The proposed zoning district is Limited Commercial 4. An appropriate public hearing as required was conducted January 11, 2006 5. That the following additional facts have been found to exist: 6. 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 petitioned REZONING of Parcels between Ross Street & North Fern Street as shown on Attachment A is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 11, 2006. CHAIRPERSON: ATTEST: ~~~J . ~~ ~. =_ _ _ =- _ ~ t~recc~of'~~ KENAI~ SKA ~~I/c'~~a e wit~t a Past, Gi wit~t a Future" 9 ~' 210 Fidalgo Avenue, Kenai, Alas 99611-7794 Telephone: 907-283-7535 / F . 90 - -3014 ~ ~ (I I ~~ A 1992 ~~ ~ ~ REZONING APPLICATION P~NN~~'n,. -" John Hammelman ~i`~ PETITIONER Nr 210 Fidalgo Avenue, Kenai, AK 99611 ADDRESS 907-283-7535 PHONE Parcels between Ross Street & North Fern Street as defined LEGAL DESCRIPTION in Attachment A. General Commercial (CG) & Rural Residential (RR) PRESENT ZONE Limited Commercial (LC) PROPOSED ZONE Intended Use and/or Reason for Rezoning: To rezone from Residential and Commercial to Limited Commercial to allow for development options allowed in Limited Commercial Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~) 1-}I ~ ,~ Amendments to the Kenai Zoning Code and Official Map may be initiated ~~ by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ~~ f~ ~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of--way) unless the amendment enlarges an adjacent district boundary. DEC.21.2005 1~02PM CITY OF KENAI No. 298 P.3~3 Rezoning Application Page 2 ~• ,[f~~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable depositladvertising and administrative services fee is required to cover these notification cysts. Depending on the rezone location. an Affidavit of Pasting may also be required. ~• ~~'-l-~ ~,~. '`1 proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Pe tioner's Signatu CHAIRFERSON ATTEST REZONING CHECKLIST: ~_ a. MAP f-~ ~~' b. SlG1rTATURES c. DEPOSITIADVERTISING FEE ($I QS) d. APPLtCAT1O>v FORM OR LETTER e, AFFIDAVIT OF POSTING PZ06-01 Limited Commercial Rezone 220 5888 5840 5830 SW1 QQ' S 5888 y~ ~ 5002 ~OOO RQ Q~,~ ~ 59,58035872 l~O~~N OQG LL ~ 5007 ~ 5350 ~ SB71 '!. ~ 9 4105 Z N s33B .p an0 TOGIAK ST y ,os ~ ~ 0 ,15 ~ ~ 12S 5783 5744 J W O 903 LL 2 Q U DOGWOOD RD a-. W 145 Z 5743 5838 5808 PRIMROSE PL s67a PRIMROSE PL 205 tP~ ~"" ~ 2,5 5883 38,8 ~2 N ~ Q W 2~ 5817 -oy ~Q C' LL FORGET-ME 58,5 5584 ~~ Q wpTRO ~ 23s N P s5B7 Q p 5538 ~ J WILDROSE AVE 55e3 g 2ss y z~ 5551 550a R~N\.UQ\N~Oft Ss,a n5 s4s6 NO 550, 4093 4105 5155 4110 300 5382 5370 310 5360 320 3391 5328 310 5328 5343 5283 33z7 s264 5242 5301 5232 5283 4105 5283 500 3186 505 m Q O ~ ~ 8,4 = 625 Q~ C! 9Z > Q 5090 -0 e45 %O m2 885 Legend Q Limited Commercial Rezone ~ EAGLE ROCK 4380 Attachment A Limited m arial Rezone { ~~ I ~ 1 ~ r F ~, r t i - L,n rf PQL-, :t' -r. ¢ ~o . ~!'. .~~ ~ 4-11 ~ ~ r 41:~ 1 , ~~ ~ ~ ~ ~ o- ~~, ~ ~ ,~ r r a_, a ~~~+` ~. .. -.~~. ~ ivy,:. „ ~ , ~ k ~ F' i ~ ~ ~ ~ of 7` 3 "~ f F ~ ~ ~ - ' ~+ ~ i F4~!~ r [ ' _ ~ i P-' 0 °. 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N I'~ N~'N Nja ~ casvv~Z'Wu.!i. ml ~l Z`,O a~_I ~' 1= m v ~1 Ulfa'~NI I~ md~a~~ I~m mlimlJ;~~,tii~'ill,iS,t3'~IN,tSlml,tf~ixSlOiAI~I otf J NI NI c c'',- ~I Nlp ~'~~ 1~ I Yl~~~ ~j~ °~ vj cal ~i~ ~ -OO'' m~otf nsl m :,tSI EI m Ej EI m1~;~1~ 0•=1~Ia ns o a n~°I~Ir~>. 010=1~ fi - i f- I ~-- --~- F --T r -~ ~t O O r N M~~ In (p I I~ ~. M 01 O I. CO h '1 ~~O I OY~ M: O I d OiO~O OOIOO1O1O1O1O 01010'.0 jO OO'O O!OOI U O M:O t0 O O!tf) OIO O O toiO O)~W:O O O O O:O.O~ ~-INININ NNNIN N N N N N,N N NiM M MM M M;M'I dOV~V''.V V'iVla<Y V.VIV.7 VO'~ a',VVV~~V'a stlala''~ m c a~ r m Q 5b STAFF REPORT To: Planning & Zoning Commission Date: December 21, 2005 Res: PZ06-02 GENERAL INFORMATION Applicant: Larry R. Carlson 262-1815 d/b/a Larry's Guide Service 160 Richfield Drive Kenai, AK 99611 Requested Action: Conditional Use Permit -Cabin Rentals & Guide Service Legal Description: Lot 6, Block 6, Valhalla Heights Subdivision Part 5 Street Address: 160 Richfield Drive KPB Parcel No.: 04932022 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: Rural Residential ANALYSIS 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; 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. 0602 Comment.doc Page 2 Applicant is applying for a Conditional Use Permit to offer weekly lodging (daily/weekly) during the months of May, June, and July in conjunction with a guide service. Applicant noted that home may be rented during other months for special events (Arctic Winter Games). In September 2005, the City of Kenai received a complaint from a neighbor in the area advising they thought the owners of 160 Richfield Drive were operating a guide business and bed and breakfast from that location. A letter was sent to the registered owner advising that zoning required a Conditional Use Permit to operate a business from this location. On September 19, 2005, Wendy Goodloe (Carlson's spouse) called after receiving the letter. Ms. Goodloe advised that they met clients at the location and did store equipment (boats) used in the guide business at the Richfield location. Ms. Goodloe was provided information about the process for applying for a Conditional Use Permit and noted that she was leaving on an extended trip and would submit paperwork when she returned. Applicants are now submitting the application to use this residence on a limited basis for clients in their guiding business. The use defined in the Kenai Municipal Code that most closely identifies the proposed use is, "Cabin Rentals." "Cabin rentals means the renting out of one or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days." Any rental over 30-days is considered long-term and does not require a zoning permit. During the application meeting, it was determined that because guests are met at this location for the guiding business and boat(s) are sometimes stored at the location, they should also apply for a permit to operate the guiding business. Ms. Goodloe noted that they normally operate out of Deep Creek in May and then Poachers Cove in June and July. The boat is stored at the Richfield address during the off-season. Applicants also own Lot 5, 150 Richfield Drive, which is a vacant lot. To issue the permit, the Commission must determine the following: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The property is zoned RR -Rural Residential. The intent of the zone is, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. " The use will not increase the density in the zone. The applicants intend to rent the residence to clients on a weekly basis noting that the rental would be limited to one family or group. Applicant noted this is a 3-bedroom residence and rental would be limited to that size group. 0602 Comment.doc Page 3 • The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property and neighborhood should not be significantly impaired by the proposed use as long as the rentals follow guidelines that limit the use to those normal to a residential neighborhood. In addition, there are four similar Conditional Use Permits (Coligan) in this subdivision and no adverse impacts from the use have been noted. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this parcel as Rural Residential in the Land Use Plan. "The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home-based businesses may be accommodated within certain design guidelines. " The proposed cabin rentals on a limited basis appear in harmony with the residential integrity of the zone. Guide service activities will be limited and should not affect the area. • Public services and facilities are adequate to serve the proposed use. Public services are sufficient to serve the proposes uses. • The proposed use will not be harmful to the public safety, health or welfare. The proposed uses will not be harmful to the public safety, health or welfare of the area. • 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. The Commission may wish to consider requiring rental rules that limit activities to those normally conducted in a residential neighborhood, i. e. no campfires, limit outside activities after a certain hour, not allow fish cleaning outside of the residence, etc. City En _ ig Weer: Available area for off-street parking, snow storage, boat storage, etc. appears adequate. Applicant must assure compliance with ADEC regulations for on-site water supply and wastewater disposal. Building Official: This house was constructed in 1993 and was inspected for compliance with building codes. No violations were noted at that time. RECOMMENDATIONS The applicant is applying for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service to be operated from a residence located at 160 Richfield Drive. The home would be rented to clients from the fishing guide business. The guide 0602 Comment.doc Page 4 business is routinely operated from other sites; however, there are times that clients are met at this location and during the off-season boat(s) are stored here. The home is a single-family, 3-bedroom dwelling. There is sufficient off-street parking for the proposed uses. The City did receive a compliant regarding a business possibly being located from this residence. When contacted, the applicants made arrangements to submit an application. Applicants note that the home is vacant most of the year and would be used mostly during the summer months. There is a possibility that short-term rentals could be conducted for special events such as the Arctic Winter Games. There are four other similar permits being operated in this subdivision by Clint Coligan. Mr. Coligan has operated in this are since 1998 and conducts similar rental/guiding businesses. The City has not received complaints due to these permits. Recommend approval with the following requirements: 1. Submit a State of Alaska Business License & compliance with the Kenai Peninsula Borough's sales and property tax requirements. 2. Provide proof that a fire inspection has been conducted and the residence meets the fire code requirements for said use. 3. Provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-02 2. Application 3. Drawings ti~'~, CITY OF KENAI PLANNING AND ZONING COMMISSION ` ' --~ ~~ RESOLUTION NO. PZ06-02 tl~ecifyuf CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Larry R. Carlson d/b/a Larrv's Guide Service USE Cabin Rentals (Short-term Rental) & Guide Service LOCATED 160 Richfield Drive -Lot 6, Block 6, Valhalla Heights SD, Part 5 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04932022 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: December 21, 2005 2. This request is on land zoned: RR -Rural Residential 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 2. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: January 11, 2005. 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 & GUIDE SERVICE 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, JANUARY 11.2006. CHAIRPERSON: ATTEST: 0602 Res.doc ADDITIONAL REQUIREMENTS: Page 2 1. Submit a State of Alaska Business License & compliance with the Kenai Peninsula Borough's sales and property tax requirements. 2. Provide proof that a fire inspection has been conducted and the residence meets the fire code requirements for said use. 3. Provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. ~ ~ D~ r~ - _ - .~_. ~ ttie~~y~f// KENAI~ SKA ~~l/c~fa e wit~t a Aast, Gi wit~t a Fr~tr~re ~~ 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1~~ Telephone: 907-283-7535 /FAX: 9~0~7.-_2,83-3014 I (I CONDITIONAL USE PERMIT APPLICATION RECEI E 2 ~ ,~, PLANn~iiti ~F KEN,q~ Date: ~, ~ ~ /~~ ~' ~~ Applicant's Name: ~ V IF ~ d ~ Phone: ~ ~7 Z- (OZ'' (~ ~J r ,. Business Name: LQ rVvIS ~~ ~ l Ue 52 ~! V I C Mailing Address ~40~ R1CInTIt1C~ ~V lV{- . I~P~'1A ~ ~~ Ci~i btu Street Address: ~~ d ~ I C ~f1Tl Q ~~ ~ ~'' l V ~- ~ ha I IC Q 9 b I (Where permit will be operated from.) Legal Description of Property: ~~~ ~ Kenai Peninsula Borough Parcel No.: ~ ~-cj',.~~..b~ City of Kenai Zoning:.. ~-eS + C~i~'h a ( -° Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~-' ~'~~~~ dd t vlr°~ ~ YYlc~ntl~S W~c a ~1 ~s~ ~~. U, i _ ~ ~-_ ******** The following information must be provided before your application will be considered for processing. Do not submit your application until it contains al e.,- . 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.) ^ I 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. [~ The 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 information provided is accurate to the best of my knowledge. Applicant: l----~--~y_ ~~ ~. ~~,~ Date: RICHFIELD DRIVE n 60a R/W n N 00'09'00" W 100.00' 100.00' 82.7' ~ ~ ~ o ~ O D/w ~~~~ \ P LOT 6 d 'p'• LOT 7 ,LK• t". Covered Porch ~'p. Frame ?6p oHouse 26.0' 0 ~0 ood deck 3 ~P~~ OF A~qs ~,, LOT 6 ' *~• 49 ~~ ~* ~i BLOCK 6 ~ ,,,t~is!W, , • . i 19, 000 s. f. I~ ~, ~ .i1A. SOOTT YcLANE: ~ ,~. I~ ~`^~, `•. 4928-S .• ~ ~:- 10' UTILITY EASEMENT I't11\\~~~` N 00'09'00" W 100.00' LOT 23 LEGEND AND NO c 0 Found 5/8" Rebar i Found 1/2" Rebor Septic Vent O O N1eiI Z ~) Indicates Record Dotum Meter Pole 1 „SCA 30, 1) The bearings and distances shown hereon relotive to the property boundaries were derived from dato of record. Prepored For. q~t CfitlpPel 44045 Carver Drive K~ftai, AK 99611 AS-BUILT SURVEY 1 hseby ewmy that 1 Aare surveyed the lallo.htq deeerlbed property: LOT 6 BLOCK 6 VALHALLA SUBDIVISION PART 5 _. loeoled n the uculL~_Raeerdinq Dietnet. Aloaka, and that the improvements situoled thereon ord within the poperty lima and do not overlap s encroach on the property lylnq odjoeenl thereto, that no improvements on the property lying odjveent thereto enwooeh on the premixa in question and that there are no roadwoye, tronsmia- aion lima ar other vis~le evxmenla on said property except oa F- dicated hereon. Dptea: October 1, 1993 -.d Boa JesSeNNn~AIt eise9 EXCLU90N N07E: It a the reaponabefty of the owns to detemwne the adetenee W eny ewwnente, covananb s reetrletloro whleh ao net app.. an the ..carded euOdiMSion act. Under no elreum- stanees ehaub any dote hsaan lro used /or eontlruetion s is eataMiahitq talwtdery Or fence Imes. see ~ 931015 nett ~oelt ~ 93-O1 ~~ STAFF REPORT To: Planning & Zoning Commission Date: December 22, 2005 Res: PZ06-04 GENERAL INFORMATION Applicant: Charlotte M. Yamada 283-4935 1106 First Street Kenai, Alaska 99611 Requested Action: Home Occupation -Daycare Legal Description: Lot 4, Block 9 Mommsens Subdivision Replat of Addition #1 & #2 Street Address: 1106 First Street KPB Parcel No.: 03910204 Existing Zoning: SR -Suburban Residential Current Land Use: Residential Land Use Plan: NR Neighborhood Residential ANALYSIS KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Applicant is aware the code allows her to watch up to eight children including her own from her residence. The floor plan is the same sent to the state for licensing approval. The proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on November 28, 2005. If the day care is still in operation, afollow-up will be required on November 28, 2007. RECOMMENDATIONS Recommend Approval. ATTACHMENTS: 1. Resolution No. PZ06-04 2. Application 3. Drawings Report prepared & submitted by: N. Carver, Planning & Zoning Assistant ~-~~~'~~ CITY OF KENAI -- -- PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-04 theu~of HOME OCCUPATION PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Home Daycare (Type of Permit) OPERATED BY: Charlotte M. Yamada LOCATED: 1106 First Street, Lot 4, Block 9 Mommsens Subdivision Reulat of Addition #1 & #2 KENAI PENINSULA BOROUGH PARCEL NO: 03910204 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230 has been submitted and received on December 22, 2005. 2. That the application has been reviewed by the Commission at their meeting of January 11, 2006 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 11~' day of Januaryry 2006. Chairman: ATTEST: Vim- v `* r ~~ ~y:~~" \\ tItCLC~Uf // KENAI~ SKA ~~(/c'~~a e wit~t a Past, Gi wit~t a Facture ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ' Telephone: 907-283-7535 /FAX: 907-283-3014 I) 1992 HOME OCCUPATION APPLICATION DATE: ~~ ~~~~~ F '~ " p~~il ~'!Ty ~. ~~~f ~~~ ~~~ D~A~~~ ~?,~r. NAME: ~~~(1~ ~(r rC~~?'IG(.~"{,e~~~ PHONE: ~C~'~.3 MAILING ADDRESS: ~~~~ ~~ ~~~ PHYSICAL ADDRESS: `plc-i~r~tie.~~ LEGAL DESCRRIPTION: I.-.~'I" Q'~ C~~ b~- ~ , f VI nwli'V{S~e-~~S Ot r~~t ~ a~, I~I° ~~ Gl{,Gb'Y, '~ ~.e 'D ~c.~- ~ _ dam ~ sere s DI 64, ~ ~, ~ -~ ~ a ~ ~a~r-~ i v~ ~ PARCEL NUMBER: 4~~- ~ () ~ - b~' ZONING: DESCRIPTION OF OCCUPATION: -l~~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: • Not more than one person outside the family shall be employed in the home occupation. • No more than 30% of the gross floor area of the buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot, including the residence. and any accessorv structures. In addition, show parking areas and traffic patterns. Clearlv mark the area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building, which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. ~ ~~~ IL ~ 13.5~.i Applicant's Signature: 'YYI,/~l.(~."/ Date: 1 Z 21 D ~ ***** * **** Application reviewed and approved by: Planning & Zoning Official Approved by the Planning & Zoning Commission: Date _~ W !! y ~ ('~ N ~ O d O O O ~; T ~ -O ~ O _ ~ O ~ ~ C ~ O ~ ~ "V T d O ~ ~ 07 ~ O O O 0 0 0 0 l L N C ~ .rte.. ~ ~ cU O ~G U ' U ~, Q. N U a O '~ ~ ~ ~ ~ N O ~ a ~ . c~ U O O O =~ DU a~U u i cD ~ cD ai "l z ~U C~ ~ c -O ~ d ~ ~ ~ o .D m ca ~ Y c O C ~ ~ O ~ `O r~i~ L ' ~ ~ O ~ -° o 0 ~ 0 ~° ~ o L ~ - .~ T N ~ O O ~ C _ >, O -~ - (6 Y C O ~ O ~ 0 L ~ ~ ` N ~ v7 - .a ~ ~ '_ ~ O L ~ O . -~ O O N L .C CL ., ~ U N .... (n (II ~ C D7 ~ to T O "O N TY ~ t1 U a O O p O N J E o ` °' ~ "' L" = ~ N ~o° o= 0 ai __ U ~ O O F ~ tB in ~ (II ~ (/~ ~ F~- F- N .U C~ k W ; --- V . C rj ~ Q) _C ' ~ U (a CD a °~ o a~ 'n ~ ~ o ~ L •- ~ _~ O = T O Qj U L ~ ~ O _ a C ~ (~ ~ ~ ~ Q ~ O r O .__ O ~ O ~ O T N ~ c ~ o ~ o -o n m . ~ o ~ . a o O ~ o O -a .~ ~ N ~-~~~ ~~~ ~ .m ~ ©.. O~ 0 3 ~O ~ ~~~~ ~~ ~ a> o p o .~ ~ a ° cn ~ ~ N ('7 N N ca a N O O 0 ~I a O a w N "I/`l~a e Lvit~t a Past, ~i` Lvit~t a Future" .9' ~' ~~ ~-y~~'~~~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1~ - ~~ ~ Telephone: 907-283-7535 /FAX: 907-283-3014 (I I I ___ ... - -=--- 1992 the cc'ty a f KENAI~ SKA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: December 28, 2005 SUBJECT: Land Use Table -Footnote 10 When reviewing the Land Use Table, it was noted that churches are permitted in several zones, some with Footnote 10. The table is inconsistent in that in the General and Central Commercial zones, the footnote is required but not in the Limited Commercial zone. Churches are conditional in the industrial zones. The City Attorney and I have discussed the inconsistency in the table and believe it should be amended to provide consistency in the commercial zones. The footnote is probably not necessary in the commercial zones due to the type of construction and landscape/site plan requirements. The Commission may also want to consider removing the conditional use requirement in the Light Industrial zone since this zone (in the City of Kenai) is located similarly to the general commercial zones. Does the Commission want to hold a public hearing to amend the Land Use Table and remove Footnote 10 from the General Commercial and Central Commercial zones and remove the conditional use requirement from the Light Industrial zone? lCk~. AGENDA KENAI CITY COUNCIL -REGULAR MEETING DECEMBER 21, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htty: / /cvww.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 (3 minutes) 1. Kyle Coleman, KCHS Hockey Team -- Presentation to Kenai Fire Department. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E• PUBLIC HEARINGS ~e~C Gl a2~~/off ~r/~.~~' 1. Ordinance No. 2135-2005 -- Increasing Estimated Revenues and Appropriations by $6,100 in the General Fund for a Donation to the Peninsula Art Guild for Building Repairs. 2. Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. 3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. 4. *Liquor Licease Renewal -- Kenai Country Liquor/Package Store. ITEM F• MINUTES ~,^QY.~I~ _ 1. Regular City Council Meeting of November 16, 2005. 2. *Regular City Council Meeting of December 7, 2005. 3. *Work Session Notes of December 13, 2005. 4. *Special City Council Meeting of December 14, 2005. ITEM G• OLD BUSINESS ITEM H: NEW BUSINESS ~~i"f~~ 1. Bills to be Ratified /47~OL~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 213?-2005 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Library Improvement Capital Project Fund for Building Design. 4. Approval -- Assignment of Lease, Polar Equipment/Tract C, Kenai Tidelands Survey No. 2 -- Polar Equipment, Inc. d/b/a Cook Inlet Processing to Ocean Beauty Seafoods, Inc. ~~~"4'~oC 5. Approval -- Termination of Leases, Baxter Snider and Kenai Aviation Services, Inc./Lot 1, Block 3 and Lot 2, Block 1, General Aviation Apron. ~ 6. Approval -- Lease Application -- Ronald J. Johnson, d/b/a Kenai Mini _ Storage & Rentals, Inc./Lot 3, Block 5, Cook Inlet Industrial Air Park. ~~~~,~,~~~ ~~~~//7,,,,. Discussion -- Branding Project. ~/'~'~~'u'~G~~~`'"`S. Discussion -- "Exploring Kenai" Program. Gig Ory ~~~~~ G~~~ Discussion -- Proposed Angler Drive L.I.D. -- Report of City Manager to ~Z~~, Council. -~ ~~ ~ Discussion -- Frontier Community Services Design Proposal. _ 0 11. iscussion -- Dena'ina Point Estates, St. Augustine Addition. ~h-y~~~ / 12. Discussion -- Schedule Work Session with Alaska Department of ~G~G~, ~ Transportation/Main Street Loop Intersection Improvements. ~//o~ ~~ ~: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M• ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 4, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.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. Larry Semmens, Finance Director -- PERS Pension Obligations ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS ~~~~~~ 1. Ordinance No. 2137-2005 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Library Improvement Capital Project ~znd for Building Design. 2. *Liquor License Renewals -- a. American Legion Post #20 -- Club b. Kurani, Inc., d/b/a Pizza Hut #9 -- Restaurant/Eating Place c. Little Ski-Mo Drive In -- Restaurant/Eating Place d. Uptown Motel/Louie's -- Beverage Dispensary/Tourism e. Uptown Motel/Back Door Lounge -- Beverage Dispensary/Tourism 3. *Liquor License Transfer -- Kmart Corporation, d/b/a Kmart Liquor #3623 to Tesoro Northstore Company, d/b/a 2 Go Mart #34544. ITEM F: MINUTES 1. *Regular Meeting of December 21, 2005. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ~/~j,~~~ 1. Bills to be Ratified ~r~y,c.~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2138-2006 -- Increasing Estimated Revenues and Appropriations by $33,025 in the General Fund for an Increase in the Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. ~~~~~~ ``~ ` 4. Approval -- Commission/Committee Member Term Renewals ~0 G~/~~,~~ 5. Discussion -- Confirm Date and Times for City Manager Candidate "~ Interviews (Friday, January 13 and Saturday, January 14, 2006). ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M• ADJOURNMENT KENAI PENINSULA $OROUGH PLAT COMA ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDII~ 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA MEMBERS: Tom Clark Anchor Point /Ninilchik Term Expires 2007 Rids Foster Homer City Term Expires 2007 Blair Martin Kafifomsky Beach Term Expires 2006 Bill Hutchinson Ridgeway Term Expires 2007 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Jim (sham Sterling Term Expires 2006 Todd Petersen East Peninsula Term Expires 2007 Lynn Hohl Seward City Term Expires 2008 Bonnie Heimbuch Soldotna City Term Expires 2008 5:30 p.m. January 9, 2006 Tentative Agenda A. CALL TO ORDER 1. Election of Officers B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. December 12, 2005 D. PUBLIC COMMENT (ftems other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Section Line Easement Vacation Plat Assoc. w/Gov't Lot 25B KPB 2006-001 [Johnson/McDonald] Location: West of Sterling Hwy in Ninilchik 2. Meyer Subdivision No 2 KPB 2006-007 [Johnson/Meyer] Location: East of Cohoe Loop Road in Kasilof 3. Rolling Meadows Crowder Addition KPB 2006-003 [Imhoff/Crowderj Location: South of East End Road in Homer K-Bay APC 4. Foothills Subdivision Sunset View Estates Addition No 2 KPB 2006-004 [Imhoff/Sunset View Estates LLC, Cabanaj Location: City of Homer i IOb t ~ ~.. ~ - ,, ~'' ~,, . 5. Bamett's South Slope Subdivision Quiet Creek Park KP6 2006-005 [Imhoff/Quiet Creek Park LLC, Neal] `~_, Location: City of Homer ~' ~. Nelson Avenue and Ronda Street Right of Way Dedication KPB 2006-006 [Imhoff/Quiet Creek Park LLC, Neal] Location: City of Homer 7. Subdivision of H. Latham Property Moss Addition KPB 2006-008 [Imhoff/Moss] Location: City of Homer 8. Section Line Easement Vac Plat. Assoc. w/Pacific Park KPB 2006-009 [Imhoff/Pioneer Land Co. LLC] Location: East of Sterling Hwy in Anchor Point Anchor Point APC G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held January 23, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannina[cD.borouah.kenai.ak.us web site: www.borouah.kenai.ak.us/olanninadept 2 Y KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA January 9, 2006 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER Philip Bryson Chairman B. ROLL CALL Kenai City Term Expires 2007 C. APPROVAL OF CONSENT AND REGULAR AGENDA Tom Clark All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered Vice Chairman routine and noncontroversial by the Planning Commission and will be approved by one motion. There will Anchor be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which Poirrt/Ninik:hik case the item will be removed from the consent agenda and considered in its normal sequence on the Term Expires 2007 regular agenda. Dr. Rick Foster If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, PC Member please advise the recording secretary before the meeting begins, and she will inform the Chairman of your Homer City wish to comment. Term Expires 2007 *1. Time Extension Requests Mari Anne Gross *2. Plats Granted Administrative Approval Southwest Borough Term Expires 2008 *3. Plats Granted Final Approval (20.04.070) Bonnie Heimbuch C *4. Plat Amendment Request sddotna ity Term Expires 2008 *5. Coastal Management Program Lynn Hohl Pc Member a. Conclusive Consistency Determinations Received from DGC Seward City Term Expires 2008 b. Administrative Determinations William Hutchinson PC Member c. Current Reviews Ridgeway Term Expires 2007 *6. Commissioner Excused Absences James isham Pc Member a. Rick Foster, Homer City Sterling Term Expires 2006 *7. Minutes Brent Johnson PC Member a. December 12 2005 Plat Committee Minutes Kasilof/Clam Gulch , Term Expires 2006 b. December 12, 2005 Planning Commission Minutes Blair Martin PC Member D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS Kalifornsky Beach Term Expires 2006 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) Mark Massion Pc Member E. UNFINISHED BUSINESS City of Seldovia Term Expires 2006 F. PUBLIC HEARINGS 1 r Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2008 Max J. Best Planning Director John Williams Borough Mayor G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10-foot utility easement along the south boundary of Lot 5 Block 4, granted by Ohlson Mountain Subdivision (Plat HM 77-18), and shown on Martin's Retreat (Plat HM 2001-50); within Section 35, Township 5 South, Range 13 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-002 SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 8 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS 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. Planning Commission Resolution SN 2006-01: Renaming Certain Public Rights-of- way within Section 5, T5N, R8W; Section 13, T2N, R12W; Section 18, T3N, R11 W; Section 20, T5N, R8W; Section 25, T5N, R10W; Section 29, T5N, R11 W; Section 30, T3N, R11 W, S.M., AK within Emergency Setvice Number (ESN) 302 and Sections 4 & 9, T2S, R14W; Section 8, T2S, R13W; Section 15, T2S, R14W, S.M., AK within Emergency Service Number (ESN) 451, as approved December 12, 2005 2. The Touchstone Newsletter -December 2006 3. Anchor Point Advisory Planning Commission Meeting Agenda -January 3, 2006 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held January 23, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Cooper Landing Cooper Landing Community Hall January 11, 2006 7:30 p.m. Anchor Point Anchor Point January 17, 2006 7:00 p.m. Chamber of Commerce Office February 7, 2006 7:00 p.m. 2 The Kachemak Bay Advisory Planning Commission is inactive at this time. 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: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planning~borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept Ibb KENAI PENINSULA BOROUGH PLAT COMM ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDINI 144 NORTH BINKLEY STREET ,.~ SOLDOTNA, ALASKA 5:30 p.m. January 9, 2006 Tentative Agenda MEMBERS: Tom Clark Anchor Point /Ninilchik Term Expires 2007 Ridc Foster Haver City Term Expires 2007 Blair Martin ICalifornsky Beach Terrn Expires 2006 Bill Hutchinson Ridgeway Term Expires 2007 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Jim (sham Sterling Term Expires 2006 Todd Petersen East Peninsula Term Expires 2007 Lynn Hohl Seward City Term Expires 2008 Bonnie Heimbuch Soldotna City Term Expires 2008 A. CALL TO ORDER 1. Election of Officers B. ROLL CALL .~,'~'° , . ;-~, l ~~ ~~~ `~rr. ~. s ,°~ ~ C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. December 12, 2005 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to .five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Section Line Easement Vacation Plat Assoc. w/Gov't Lot 25B KPB 2006-001 [Johnson/McDonald] Location: West of Sterling Hwy in Ninilchik 2. Meyer Subdivision No 2 KPB 2006-007 [Johnson/Meyer] Location: East of Cohoe Loop Road in Kasilof 3. Rolling Meadows Crowder Addition KPB 2006-003 [Imhoff/Crowder] Location: South of East End Road in Homer K-Bay APC 4. Foothills Subdivision Sunset View Estates Addition No 2 KPB 2006-004 [Imhoff/Sunset View Estates LLC, Cabana] Location: City of Homer i r~ KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA January 9, 2006 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER Philip Bryson Chairman B. ROLL CALL Kenai City Term Expires 2007 C. APPROVAL OF CONSENT AND REGULAR AGENDA Tom Clark All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered Vice Chairnam routine and noncorrtroversial by the Planning Commission and will be approved by one motion. There will Amchor be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which PoirrtlNinik:hik case the item will be removed from the consent agenda and considered in its normal sequence on the Term Expires 2007 regular agenda Dr. Rick Foster If you wish to comment on a consent agenda item or a regular agenda Rem other than a public hearing, PC Member please advise the recording secretary before the meeting begins, and she will inform the Chairman of your Homer City wish to comment. Term Expires 2007 *1. Time Extension Requests Mari Anne Gross *2. Plats Granted Administrative Approval southwest Borough Term Expires 2008 „'3. Plats Granted Final Approval (20.04.070) Bonnie Heimbuch sa oma c ty *4. Plat Amendment Request i Term Expires 2008 *5. Coastal Management Program Lynn Hohl Pc Member a. Conclusive Consistency Determinations Received from DGC Seward CRy Term Expires 2008 b. Administrative Determinations William Hutchinson PC Member c. Current Reviews Ridgeway Term Expires 2007 *6. Commissioner Excused Absences James Isham Pc Member a. Rick Foster, Homer City Sterling Term Expires 2006 *7. Minutes Brent Johnson PC Member a. December 12 2005 Plat Committee Minutes Kasilof/Clam Gulch , Term Expires 2006 b. December 12, 2005 Planning Commission Minutes Blair Martin PC Member D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS Kalifornsky Beach Term Expires 2006 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) Mark Mansion PC Member E. UNFINISHED BUSINESS City of Seldovia Term Expires 2006 F. PUBLIC HEARINGS 1 The Kachemak Bay Advisory Planning Commission is inactive at this time. 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: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: pianning[Dborough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdegt ~; "I/i~~a e with r~ Past, ~i` ,/ u1it~t ~ Futr~re~~ .~ l ~:~ ,~.~~,~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 W --~ ~ Telephone: 907-283-7535 /FAX: 907-283-3014 (I __ _. -:: 1992 tae cc~ o f KENAI. ALASKA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Admin DATE: December 20, 2005 SUBJECT: Property Maintenance Ordinance Administration is currently reviewing a draft property maintenance ordinance in comparison to those requirements from the 2003 International Property Maintenance Code that the City has already adopted. When the review is complete, administration will advise the Commission of the next step in the process. It is anticipated that the purpose of the proposed building maintenance ordinance can be accomplished by amending the 2003 IPMC. ..- -! ~Za BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF DEBBIE ) McKAY OF PLANNING & ZONING FINDINGS ) REGARDING WAL-MART LEASE APPLICATION ) Case No. BA-OS-4 I. DECISION The appeal of Debbie McKay is denied. II. BACKGROUND On October 28, 2005, Lounsbury and Associates, Inc., on behalf of Wal-Mart Stores, Inc., filed a lease application for three adjoining parcels of city-owned land.t The property is shown on the attached rnap (Exhibit 1).2 One of the parcels contains anunder-utilized baseball field; another contains a tent camping park; and the third is undeveloped property containing a large mound of dirt from previous city construction projects. The property is held in trust by the City for the Kenai Municipal Airport. Federal rules and grant assurances require the property to be utilized for the benefit of the airport. The rent-free use of the property for a ball field and tent camping area by the general fund is allowed only until the property is needed by the airport for airport construction or revenue needs. Since the property is now needed (and in demand) for airport revenue needs, should the property not be leased to Wal-Mart, Inc., the City's general fund would have to pay 6% of the fair market value of the property to continue using the ball field and tent camping portion of the property. ~ See KMC 21.10.010-140. Z The parcels are Tract B-1 (per Plat No. 94-14), Baron Park No. 10, Tract C, Baron Park No. 5 (per Plat No. 86-165) and Lot 1, Baron Park No. 5 (Per Plat No. 86-165). Board of Adjustment Decision -McKay Page 1 of 12 ~. t. The Kenai Municipal Code sets out a detailed process for consideration of lease applications. The first step of that process is for the application to be sent to the Planning and Zoning Commission (Commission) to answer a set of specific questions. First, whether the proposed use in the application is the highest and best use and conforms to the Airport Master Plan and other. goals set by the Commission or the City Council.3 The second is whether the proposed use complies with the zoning ordinance and comprehensive plan of the City.4 The process before the Commission is limited to those specific issues. It is not meant to be a general review of the lease application or other issues concerning development of the property. Those issues are dealt with during other stages in the process. The Commission reviewed the lease application on November 9, 2005. A public hearing was held on November 9, 2005. Eighteen people testified regarding Wal-Mart during the meeting. Commissioner Bryson moved to find the intended use complied with the requirement of the city code as set forth in the staff memoranda of Kim Howard (Assistant to the City Manager) and Nancy Carver (Planning and Zoning Assistant). The motion was seconded by Commissioner Amen. The motion passed by a vote of six in favor and none against. On November 16, 2005, Debbie McKay (McKay) filed an appeal of the Commission's decision to the Board of Adjustment (Board). The Board of Adjustment held a public hearing on December 6, 2005. Nine people testified during the public hearing. Following the public testimony, the public hearing was closed and the Board went into deliberations. At the end of deliberations, the Board reconvened and voted 7 to 0 to deny the appeal. The Board stated a written decision would follow. s See KMC 21.10.060(a). ° See KMC 21.10.030(a)(5). Board of Adjustment Decision -McKay Page 2 of 12 III. STANDARD ON APPEAL An appeal from the Commission is a de novo appeal. The Kenai Municipal Code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken.s The Board need not defer to the finding or decision of the Commission. While the Board may take the concerns of neighborhood owners into consideration, it may not base its decision solely on neighborhood support or opposition.6 IV. THE COMMISSION'S ROLE IN THE LEASE APPLICATION PROCESS The Wal-Mart lease application involves a process set out in the municipal code. While we understand why members of the public might want the Commission to conduct a broad review of all the issues related to the application, that is not the Commission's role under the city code. The Commission was charged with making a specific set of findings and recommendations and forwarding those to the Council. The role of the Commission was to be a part of an overall process as set out in the code. The Commission was charged with determining whether the intended use was consistent with the zoning code and the Comprehensive Plan. The Commission found that the intended use was consistent with both. There is no dispute that the property is in the Light Industrial Zone (IL). "Retail Business" is a principal permitted use in the IL Zone. The Commission was correct in finding the intended use was consistent with Kenai Zoning Code. The Commission was also charged with determining whether the intended use was consistent with the City of Kenai Comprehensive Plan (Plan). Page 28 of the Plan contains a legend that shows the city's economic areas. This legend is different than the zoning map in the city code. The Plan map 5 KMC 14.20.290(b)(2). e South Anchorage Coalition v. Coffee, 862 P.2d 168, 172, n. 11 (Alaska 1993). ' KMC 14.22.010. Board of Adjustment Decision -McKay Page 3 of 12 lists the property in question as "central commercial." Page 29 of the Plan describes the "Central Commercial" area as a: district [that] supports retail, service, and office businesses that serve all of Kenai and the lar eg r region. It is the Kenai sub-region's main commercial district. Retail, service, office, and public uses predominate. (Emphasis added). A large box store is consistent with the description of a retail business that serves all of Kenai and the larger region. There was testimony that the Comprehensive Plan was intended to discourage large box stores and encourage a compact city center. The map on page 28 of the Plan contains an area designated the "City Center." The proposed lease area is located about one-half mile outside of the designated "City Center" area. Thus, the proposed lease area is in -the area the plan has designated "Central Commercial," not the area designated "City Center." Page 30 of the Plan covers the development policy for the "City Center" area. Regarding the "City Center" and Millennium Square, the Plan is intended to: discourage highway-oriented, low density, free-standing commercial buildings or land uses in the city center. This type of development runs counter to the policy of a compact, intensive, pedestrian-friendly city center, and is better located elsewhere. (Emphasis added). Thus, the Plan does not state that box-store type development is not allowed in the city. Instead, it states it should be located outside of the area designated as the "City Center." The proposed lease area is located outside of the "City Center" in an area the Plan calls for retail development serving the entire Kenai area. We find the Commission was correct in holding that the proposed development is consistent with the City's Comprehensive Plan. Board of Adjustment Decision -McKay Page 4 of 12 The Commission was also charged with determining whether the application was complete and the proposed use is the highest and best use and conforms to the Airport Master Plan.B It has not been alleged that the application is not complete and our review of it leads us to hold that it is complete. An appraisal done on the property by Julie Derry of Derry & Associates indicated that the "highest and best use" of the property was for commerciaUindustrial development in conformance with the zoning regulations and requirements. We have already held that the proposed use is a principal permitted use in the IL Zone and that it complies with the Kenai Comprehensive Plan. We find the proposed use for commercial development is the highest and best use of the property. The Commission also held the proposed use was consistent with the existing 1997 Airport Master Plan. While there is an ongoing update of the Airport Master Plan, that update had not been adopted yet so the 1997 Master Plan was controlling. That Plan calls for the property to be zoned light industrial (IL). It is zoned light industrial and the proposed use is a principal permitted use in the Kenai Zoning Code.9 Therefore, we find the proposed use is consistent with the Airport Master Plan. KMC 21.10.060(a) also states the Commission should review the application for "other goals set by the Commission or City Council." We interpret this section to mean that the Commission would review the application for cleazly established goals, not simply any issues that may come up on a particular application. Establishing goals on an ad hoc, case by case basis would lead to arbitrary and unfair decision making. The leasing goals established by the City aze included in the Airport Master Plan, the City Code and the Kenai Comprehensive Plan. The Commission properly considered those in making its recommendation. We note that McKay did not appeal any of the findings the Commission was chazged with making. However, we thought this Board should nonetheless review those findings in this appeal. We hold that the Commission made the correct findings as described above. s KMC 21.10.060(a). 9 KMC 14.22.010. Board of Adjustment Decision -McKay Page 5 of 12 V. LANDSCAPE SITE PLAN The notice of appeal alleges that "at least two items have been overlooked in the process." Those items deal with the requirements of the landscaping/site plan regulations in KMC 14.25.045(c) and (e). KMC 14.25.045(c) requires that the site plan shall list any special permits or approval which may be required for completion of the project. KMC 14.25.045(e) requires that the snow removal and storage in the site plan be compatible with the surrounding area. The landscape site plan regulations in KMC 14.25 apply to all commercial or industrial development and all development in the Townsite Historic District above $20,000. As noted in Section II above, the lease application process has several steps to it. The initial part of that process required the Planning and Zoning Commission to answer some specific questions relating to planning and zoning issues. The Commission's recommendations on those specific issues are then forwarded to the Kenai City Council for consideration and its review of the lease application. The landscaping/site plan submission occurs later in the administrative process. The Kenai Municipal Code requires that a preliminary landscaping/site plan be submitted and approved before construction and "prior to any land clearing and/or tree clearing" on the property.10 The plan is submitted to the Planning and Zoning Administration. It is not considered by the Planning and Zoning Commission. Because it was not within the jurisdiction of the Commission to consider the landscaping/site plan requirements, the .Commission did not err in failing to consider those requirements. Additionally, because the landscaping site plan need not be filed until prior to construction or land clearing or tree cutting, the Wal-Mart does not need to submit alandscaping/site plan at this time. Because of the above, it was not error for the Commission to not consider the requirements of the landscaping/site plan requirements of KMC 14.25.045. It should be noted that Wal-Mart, Inc. will 10 KMC 14.25.035. Board of Adjustment Decision -McKay Page 6 of 12 be required to submit alandscaping/site plan later in the process and have it approved by the City Council and the Planning and Zoning Administration. We do not mean to imply that the issues raised by McKay regarding the landscaping/site plan are not important; they are. Instead, we hold that this is not the proper point in the process to raise those issues. VI. ECONOMIC ISSUES While McKay's appeal refers specifically to the two landscaping/site plan issues, she does mention some other issues in passing. She alleges that Wal-Mart is "systematically successful in closing down most businesses in the small towns they inhabit" and, "Kenai is a small town and cannot sustain a Wal-Mart, as well as Safeway, IGA, [and] Three Bears. What will you say to those people that are losing their jobs, no longer gainfully employed?" This portion of her appeal is focused on the economic impacts of a Wal-Mart in the community. As noted above, the Commission had specific planning and zoning issues to decide. They did not include potential economic impacts (either positive or negative) of a Wal-Mart coming to Kenai. However, our supreme court has made it cleaz that it is not the function of Planning and Zoning Commissions to provide economic protection for existing businesses. Earth Movers of Fairbanks, Inc. v. Fairbanks North Star Borough, 865 P.2d 741, 744-745 (Alaska 1993) citing Swain v. County of Winnebago, 111 Ill. App. 2d 458, 250 N.E. 2d 439, 444 (Ill. App. 1969)("It is not the function of the county zoning ordinance to provide economic protection for existing businesses."); and Sunbrite Car Wash, Inc. v. Board of Zoning & Appeals, 69 N.Y. 2d 406, 508 N.E. 2d 130, 135, 515 N.Y.S. 2d 418 (N.Y. 1987)(Zoning laws do not exist to ensure limited business competition). See also McQuillen Mun Corp. § 25.318.10 (3~ Ed.). McKay does not argue that the proposed store is not an allowed use under the zoning code, but rather that the Commission should take a stand to keep a new business (specifically Wal-Mart) from competing with existing grocery stores. Should the Commission then scrutinize a future lease Board of Adj ustment Decision -McKay Page 7 of 12 application for a gas station in order to assure it won't impact existing gas stations? We do not think so. We agree that it is not the function of a Planning and Zoning Commission to regulate economic competition under the guise of planning and zoning issues. We find the Commission did not err in declining to consider the economic impact of a Wal-Mart on existing businesses. McKay also alleges having a Wal-Mart in Kenai would hurt tourism. Protection of tourism is not an issue the Commission was charged with considering. Moreover, there is no evidence that a Wal-Mart would hurt tourism. Certainly, having a large box store in Soldotna and Wal-Marts in Anchorage does not seem to have harmed tourism in those cities. The Commission did not err by not considering the effect of Wal-Mart on tourism or in not finding that it would hurt tourism. VII. SALMON HABITAT McKay argues that the store would harm salmon habitat because it will be placed on wetlands adjacent to a salmon stream. While her appeal was on the landscaping/site plan issues, she did bring up the store's effect on salmon on her notice of appeal. If a portion of the property sought to be leased by Wal-Mart is determined to be "wetlands," a Corps of Engineers' permit will be required under the Clean Water Act.11 The permit process will examine whether a portion of the property is "wetlands," the impacts of construction on the property and whether a permit to build on those wetlands areas should be granted. The Corps of Engineers is the agency tasked with examining those issues and their expertise exceeds the expertise of either the Commission or this Board. Phil North, local representative of the Environmental Protection Agency, testified to that requirement during the hearing. Additionally, the Corps permitting process will allow a more thorough and scientific process than this forum allows. Also, the issues raised by McKay regarding such things as snow storage and runoff will be dealt with in the site plan review later in the process. Because the Commission was not charged with examining the wetlands and salmon habitat issues relating to the property, and the Corps' ~~ See Law ojWetlands Regulation, §2.01(2) William Want (1991). Board of Adjustment Decision -McKay Page 8 of 12 permitting and landscaping/site plan review processes will better deal with those issues, it was appropriate for the Commission not to consider the wetlands and salmon habitat issues. VIII. STANDING KMC 14.20.290(a)(3) requires the notice of appeal to include: the reason for the appeal, which must include a description of harm to the appellant. Any person(s) aggrieved by a decision of the administrative official or Commission may file an appeal. The notice of appeal states, I don't live within the Kenai City Limits (sic), I live in Nikiski: However, I shop in Kenai, bank in Kenai, dine in Kenai, go to Kenai for entertainment, medical, health care. I consider it my city. The legal doctrine of standing concerns whether a person is the "proper party to request an adjudication of a particular issue." Moore v. State, 553 P.2d 8, 24 n 25 (Alaska 1976), quoting Flast v. Cohen, 392 U.S. 83, 100-01, 20 L.Ed 2d 947, 961, 88 S. Ct. 1942 (1968). In Alaska, the general concept of standing has been interpreted broadly. Trustees for Alaska v. State, 736 P.2d 324, 327 (Alaska 1987). However, the Alaska Supreme Court has held there is an exception to that rule in the area of planning and zoning law. Earth Movers of Fairbanks, Inc. v. Fairbanks North Star Borough, 865 P.2d 741, 743 (Alaska 1993). In Earth Movers, the court noted that "standing in zoning cases has been more restrictive than general standing principles, primarily in order to prevent excessive litigation and undue delay of final dispositions." Supra. The court in Earth Movers also held that the use of the term "aggrieved" in a municipal ordinance dealing with planning and zoning appeals is consistent with a more restrictive view of standing. Supra. As noted above, KMC 14.20.290(a)(3) allows appeals onlyby those "aggrieved" by a decision of the Commission or administrative official. Does McKay qualify as an "aggrieved" person? A property owner in the neighborhood or an adjoining property owner is generally held to be an aggrieved person. McQuillen Mun Corp. ~ Board of Adjustment Decision -McKay - Page 9 of 12 25.318.10 (3d Ed.) Some courts have held that a property owner or resident of a city may also be considered an "aggrieved" party and has standing. McQuillen Mun Corp. § 25.318 (3d Ed,). However, owners of property not directly affected by the decision are not "aggrieved" by virtue of merely asserting a general civic interest in the effects of the decision. McQuillen Mun Corp. § 25.318 (3d Ed.); Tyler v. Board of Zoning Appeals of Town of Woodridge, 145 Conn. 655, 145 A.2d 832(1958)(Property owner located five miles away did not have standing to challenge zoning decision); Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. 210, 326 N.E.2d 348 (1975)(Mere residency in municipality or general civic interest in outcome not enough to grant standing); Property Owners Assn of Garden City Estates v. Board of Zoning Appeals of Incorporated Village of Garden City, 2 Misc. 2d 309, 123 N.Y.S. 2d 716 (NY Sup. Ct. 1953)(Resident of municipality whose interest is merely in strict enforcement of zoning rules for the general benefit of the community does not have standing). McKay is not a resident of the City of Kenai, nor does she allege that she is a property owner either nearby the proposed site or even in the City. She alleges what must be described as a general civic interest in the community and what she perceives as potential negative effects of Wal-Mart. As the case law cited above indicates, that interest is not sufficient to make McKay an "aggrieved" person. It should be noted that we have reviewed McKay's standing only in relation to the specific planning and zoning issues that were before the Commission. Standing must be analyzed on a case- by-case basis. We are not holding that anon-resident of Kenai could never have standing to appeal an issue to the Board. We only hold that in this case Mc. McKay did not have standing because of the specific planning and zoning questions the Commission was charged with deciding. While we hold that McKay was not an "aggrieved" person under KMC 14.20.290 and,. therefore, did not have standing to bring this appeal, we have opted to review and rule on the issues she raised because of the general interest the Wal-Mart lease application has created in the community. Board of Adjustment Decision -McKay Page 10 of 12 Specifically, we did not wish to give the impression that an appeal was dismissed on a "technicality" without the issues she raised also being discussed by this Board. IX. CONCLUSION For the reasons set forth above, the appeal of McKay is both denied on the merits of the issues raised and dismissed for lack of standing. DATED this 27`h day of December 2005. Pat Porter, Chair Joe Moore, Vice-Chair Linda Swamer, Board Member Rick Ross, Board Member Cliff Massie, Board Member CONCURRING OPINION We concur with and join in the Boazd's Decision, except as follows: 1. In addition to the Boazd's discussion in Section V, Landscape Site Plan, we would note that there will be an opportunity in the future for a public hearing on Wal-Mart's landscape site plan during which members of the public will have the opportunity to comment. 2. Section VI, Economic Issues, addresses the difficult subject of economic issues. We agree that it is not the role of the Planning and Zoning Commission under the City Code to engage in an economic assessment of the impacts of an applicant's proposed development. The City's planning and zoning ordinances deal with land use issues, but do not include a requirement for an economic assessment of an applicant's development plans and, therefore, Board of Adjustment Decision -McKay Page I 1 of 12 the Commission does not address the economic impacts, both positive and negative, of a development project like the proposed Wal-Mart supercenter development. We join in the finding that the Commission did not err in declining to consider the economic impact of a Wal-Mart on existing businesses. However, the discussion of the lack of evidence on adverse impacts is unnecessary to the result. While the Board's comments about lack of evidence are true, in part that is because that issue was not before the Commission for decision. In addition, the City does not have an economic assessment ordinance under which evidence would be developed regarding the benefits, costs and adverse impacts of an applicant's development project. As a result, there is a lot of speculation as to benefits, costs and adverse impacts, but no evidence. In our view, it is the role of the City Council and Administration in this process, with input from the public, to attempt both to maximize the benefits and to mitigate the costs and adverse impacts of an applicant's proposed development project, thereby obtaining the optimum result for the City and its residents. 3. While it does not affect the outcome of this appeal, we do not feel there was evidence in the record to support a statement of whether the ball field was underutilized or not. Accordingly, we would delete the word "underutilized" in Section II. Robert J. Molloy, Board Member Mike Boyle, Board Member NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. Board of Adjustment Decision -McKay Page 12 of 12 -... _... . . ~_ ~ ~~ti ,. ~ . ca X ~ ~ ~ ; R ~r~ ~~ S ~ .. ... .. ... .. ..................... ..... ,`s ; _ ~ ~ Y L * I ~ ~ ~ y v L k ~ ~ 7. . ~. ~t ~• i 1 ...... ~ ~ i ~ - =' ... s S w z i ~ w ~~ i ~ < ~ < I Z c~ .. I ~ ~ Y 0 aw~~ T t.1.. w ~~ ~/~ /~~ ~ ~ 1 _ VV.•// a "ti r1 i C~ m ~ ~ I C l~ ..... ~j ~ ~ r+ Y ~- ..... ! M ~ m~ ~ . ~ a _ ¢. ~ \ .~ ~' Z ' O ~ ~ can i ~ ~ ....... _....... ~ a t ~ \ ~ W ~ , _ t • .. o Q° .... ... . . 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U ~ w 3 cOd o w ° ~ '~ o y a~ awi ~ •~ a a b N U~ ~ w y v, O •'~ N N cd U v, w~~ ~3wb~ ~o~ a ~ ~ cNy ~ ~ y ..~' ,y ~ Lam", +°+ •b ^~' ~ • ~ q •~ ° b 3„~ ~ao'~„ ~3~ ~~ b ~ a. o ~ y ~ ~ ~ ~ ~ ~ y ^' ~ ~ o ~' ~ 3 °~ 3 '~ a ; ~ '~ •~ x a ~ .r VJ awU+ d N •~~y ~ w y ~" ~• Vi ~ •C 0 3 ~3 ~ ~ o ~~ o w ~ m ~ U U co U a ~ 3 ~ ~ ~ N bq c"~ ~ a~ ~ a ~ o ~ ~ •a ~ cn .~"3. bA a cC wCS' ~ 'd CS„ cd .~ ~ 3 ~ v .~ °w' O .~ O+ at A A a ~ w ~ i ~ ~ b g O C ~ ~.. a>~i~aa~i "~~~a ~ -: c •$ a~ N °' ~ °' °~ `° ~' co b~T a U w 3 eo ° ~ ~ y •o ~ ° ~o 'Zs co w ~ .~ '~ N v ~ .d ~ •~ ~ N ~? ~ v' O 'b ~ a ~ ri NN •S' "~ b ~ ~ o ~ ~.ti ~ p~ ~~ ~ y~ ~~ ~ ,~, •~ a a~ a .~ ~ •~ ~ ° .~ 000 ~ aai v ~ y a ~ a ~ ~ ao :~ o ~ ~ ~ '" '~ •.~ uj EOti 3 ~ H ''~ N ~ ~ ~ ~ N •~ O Lr ? ,2.,~"~ ~ ° O ~ ~ V cad N ~ bA ~ ~ • Cri a U c0 ~ ~ '~~,ti~~, y b ~ o:cw a;~ i ~•~b o 0 U ~ ~ `" a ~ N ~ a ~ ~ ~ ~ ~ ~ ~ _~ 3 ~ 0 3 o cao a m p W '3 Q~ U Qw ~ U U ~ 5 h iz~ Building Permits Value for ZOOS Permit #: Owner Address Valuation R/C B4159 Deborah Anderson 815 Auk St. Unit D-1 $2,000 R B4160 John Mellish dba RPM Rebuild Inc. 412 Frontage Rd. $8,000 C B4161 Loren Flory 1705 4th Ave. $30,000 R B4162 Kato Services 1113 Alder Ave. $7,000 R B4163 F. DeWayne Craig 406 S. Forest Dr. $47,000 R 84164 UPS Engineering Division 330 Main St. Lp. $200,000 C B4165 Kathleen Mumma 150 Aleene Way $7,000 R B4166 Shawn O'Donnaghue 314 Dolly Varden St. $65,000 R 84167 Anthony Fabiano 1525 Kittiwake Ct. $40,000 R B4168 Schilling Alaska Inc. -Public Defend 130 Trading Bay Rd. $83,000 C B4169 James Baisden 1009 Inlet Woods Dr. $1,500 R B4170 Pat Cooper 565 Devray St. $141,500 R B4171 Bryan Lowe 1105 Angler Dr. $10,000 R B4172 Ron & Ginger Pitts 1514 Tundra Rose Ln. $97,000 R B4173 Seventh Day Adventist Church 701 Swires Rd. $76,000 C 84174 Leo & Evelyn Goulette 1204 Channel Way $180,000 R B4175 Bill Wood 1209 Aliak Dr. $175,000 R B4176 Mark Lockwood 1345 Bridge Access Rd. $40,000 C B4177 Kenai Landing - 16 Unit Hotel Bldg. 2101 Bowpicker Ln. $25,000 C 84178 Doug Olson 1102 Inlet Woods Dr. $200,000 R B4179 Hall Quality Builders 2310 Watergate Way $166,000 R 84180 Sharon Wright 119 Haida Dr. $12,000 R B4181 Joshua Osborn 1207 Portside Dr. $183,000 R B4182 Harold Crawford 145 Nevada St. $2,900 R B4183 Kinn Folk LLC 10640 Kenai Spur Hwy. $55,000 C B4184 Noel Moore 2735 Watergate Way $238,000 R B4185 Hall Quality Builders 1305 Cunningham Ct. $277,000 R OS January, 2006 Page 1 of 4 Permit #: Owner Address Valuation R/C B4186 John Mellish dba RPM Rebuild Inc. 14096 Kenai Spur Hwy. $15,000 C B4187 Leslie Hall 4905 Silver Salmon Dr. $5,000 C B4188 Joe Foglia 1511 Aliak Dr. $1,800 R B4189 Paul L. Quade 504 McCollum Dr. $165,000 R B4190 Elaine Olson 2755 Seine St. $3,400 R B4191 Joseph Rouswell 210 Nevada St. $1,600 R B4192 Keltner Farris 1303 Colonial Dr. $61,000 R B4193 Robert Stockdale 1529 Toyon Way $13,000 R B4194 Jack & Kandi Meyer 10320 Kenai Spur Hwy. $60,000 C B4195 KPBSD - KCHS 9583 Kenai Spur Hwy. $206,000 C B4196 Pat Doyle 11568 Kenai Spur Hwy. $100,000 C B4197 Graydon Cowgill -Foundation only 14639 Kenai Spur Hwy. $3,500 C 84198 George Nyce 807 Peninsula Ave. $3,000 R B4199 Nick Stoltzfus 2805 Watergate Way $11,000 R 84200 Kenai Landing, Inc. 2101 Bowpicker Ln. $7,000 C 84201 Greg & Cathy Zorbas 1308 Barabara Dr. $1,800 R 84202 Graydon Cowgill -Second floor only 14639 Kenai Spur Hwy $10,000 C B4203 Fedrico Botero 1105 First St. $8,800 R B4204 Charles Woodcock 1901 Aliak Dr. $20,000 R B420S Chris Leckwee 405 Birch St. $500 R B4206 Johannes Rodland 8400 Kenai Spur Hwy. $28,000 R 84207 Robert Stockdale 1529 Toyon Way $141,000 R 84208 Kevin Daniel 5688 Kenai Spur Hwy. $1,500 R 84209 Ken Liedes 10639 Kenai Spur Hwy. $4,500 C B4210 Phillip Draheim 410 Highbush Ln $2,100 R B4211 Gary Lindquist 570 Wortham Ave. $30,000 R B4212 Frank Canady 1524 Toyon Way $176,000 R B4213 John Mellish -RPM Rebuild 10819 Kenai Spur Hwy. $45,000 C B4214 Dan Sterchi 1101 Fox Ave. $50,000 R OS January, 2006 Page 2 of 4 Permit #: Owner Address Valuation R/C B421S Julie Kim Luoma 1107 4th Ave $21,000 R B4216 Preferred Plumbing & Heating 1409 5th Avenue - Northgate Apts. $114,000 C 84217 Prism Design & Construction 11120 Kenai Spur Highway $60,000 C B4218 Tesoro Refining & Marketing Co. 11120 Kenai Spur Hwy. $1,000,000 C B4219 City of Kenai - MPF 9775 Kenai Spur Hwy. $200,000 C 84220 Tim Wisniewski 1306 Lawton Dr. $334,000 R 84221 City of Kenai -Senior Center 361/381 Senior Ct. $361,000 C 84222 Bryan Lowe 775 Bach Dr. $277,000 R B4223 Seventh Day Adventist Church 701 Swires Rd $240,000 C 84224 Daniel Greene 1541 Stellar Dr. $3,500 R 84225 Jackie Johnson 1125 Anlger Dr. $220,000 R B4226 Hall Quality Builders 105 Phillips Dr. $45,000 R 84227 New Castle Builders 691 Sycamore Ci. $104,000 R 84228 Amundsen Educational Center 1710 3rd Ave. $170,000 R 84229 Marty Askin 2520 Watergate Way $30,000 R B4230 void B4231 Salamatof Seafoods 672 Bridge Access Rd. $50,000 C B4232 Kenai Landing-Condo's 2291 Bowpicker Lane $10,000 R B4233 City of Kenai 10959 Kenai Spur Hwy. $50,000 C B4234 George Nyce 807 Peninsula Ave. $8,000 R B423S David & Sherrie Arbuckle 1801 Redoubt Ave. $176,000 R B4236 Hall Qualtiy Builders 6383 Kenai Spur Hwy. $128,000 C 84237 Robert L. Greene 10832 Kenai Spur Hwy. $15,000 C B4238 William Wood 1211 Aliak Dr. $171,000 R B4239 Shell Meyer 10320 Kenai Spur Hwy. $1,000 C B4240 void B4241 Kenaitre Indian Tribe 1002 Mission Ave. $50,000 C B4242 Byron & Michelle McGlasson 205 Coandlelight Dr. $298,000 R B4243 Dale Sugura 1614 Fourth Ave. $45,000 R OS January, 2006 Page 3 oj4 Permit #: Owner Address Valuation R/C B4244 Patrick Reilly 1004 Channel Way $197,000 R 84245 Michael Ripley 2430 California Ave. $30,000 R 84246 Richard McCartan 10976 Kenai Spur Hwy. $1,500 C 84247 Jocelyn Kleinhas-Coghill 513 Pine Ave. $3,500 R B4248 Anthony Gabriel 310 N. Forest Dr. $140,000 R B4249 Anthony Gabriel 312 N. Forest Dr. $140,000 R 84250 Peninsula Art Guild 816 Cook Ave. $800 C Grand Total $8,238, 700.00 OS January, 2006 Page 4 oj4 ~Zd a ~ 4~ .~~~ 7 '~4a Sa o /a ~a ~ O ~~a y`rl • ~ aas 'I"" ~i~ ~ a 40 ` ,E .oG o~a H oJ d' N a~s G r ~ ~io, ~ ~~ ~, ~ ~~ • a d o~y O N , ~' a~iS ~ ~ a a~J ~4 , ~ ~ %'`°a V J ~ ia a O~~`a ~°'y `G ~ JJ ~ya 4J~ s ~~ ~ O J `~ N ~i ~~ ~0~ .o 0 Gad J b 40 '''a ~a ~ d ' N O 00 Cfl d' N O ~ ~ ~ a?y~ ~ l l ! ,ts'p i ~'~ b PZ Resolutions for the Year 2005 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Administrative Exemption Amend KMC Conditional Use Permit 200533 Side Yard Encroachment 05/17/2005 Approved 200508 Limited Commercial Zone 02/09/2005 Approved 200511 Daycare Excemption 01.20.230(8) 04/13/2005 Approved 200514 Condominium Definition 04/13/2005 Approved 200517 Lot. Coverage Definition 04/27/2005 Approved 200518 Parking Space Private Definition 04/27/2005 Approved 200521 Street Name Change 05/11/2005 Failed 200542 Amend Land Use Table 07/13/2005 Approved 200543 Amend Land Use Table 07/13/2005 Approved 200554 Amend CUP 05-27 -Storage Bldg. 09/14/2005 Approved 200503 Amend to add Condo 01/12/2005 Approved 200504 Message Therapy 01/26/2005 Approved 200506 Meal Preparation 02/09/2005 Approved 200512 Revocation of Guide Service CUP 04/13/2005 Approved 200519 Coffee Kiosk 04/27/2005 Approved 200526 Hotel Guide & Boat Parking 05/11/2005 Approved 200527 Connex Storage Building 05/25/2005 Approved 200528 Daily Rentals 05/25/2005 Approved 200529 Concert (Assemblage) 05/25/2005 Approved 200532 Park 05/25/2005 Approved 200534 Recreational Vehicle Park 06/08/2005 Approved 200535 Extraction of Natural Resources 06/08/2005 Approved 200545 Restaurant 07/27/2005 Approved 04 Jauuary, 2006 Page 1 of 4 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Encroachment Permit Home Occupation Permit Landscape/Site Plan 200505 front yard 01/26/2005 Approved 200513 Side Yard 05/11/2005 Approved 200523 3 Setbacks 05/11/2005 Approved 200525 Side Setback 05/11/2005 Approved 200544 Side Setback 07/13/2005 Approved 200566 Side Yard & Bldg. Seperation 12/14/2005 Approved 200507 Daycare 01/26/2005 Approved 200520 Daycare 04/27/2005 Approved 200531 Daycare 05/25/2005 Approved 200538 Daycare 06/08/2005 Approved 200563 Daycare 12/14/2005 Approved 200567 Daycare 12/14/2005 Approved 200515 Kenai 7th Day Adventist Church 04/13/2005 Approved 200539 Auto Wash Express 2 -Meyer 05/31/2005 Approved 200557 Tesoro Alaska 09/26/2005 Approved 200560 Rodney Matson 10/11/2005 Approved 200561 Critters & Jitters Espresso Kiosk 10/27/2005 Approved 200562 Memorial Clock 10/28/2005 Approved 200568 Salamatof Seafoods, Inc. 11/07/2005 Approved 04 January, 2006 Page 2 of 4 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Preliminary Plat Rezone Transfer Conditional Use Permit TSHDevelopment 200501 Kenai Landing Cottages 01/12/2005 Approved 200509 General Aviation Apron No. 4 02/09/2005 Approved 200537 Yragui SD Addn. #1 06/08/2005 Approved 200540 Justa SD 06/22/2005 Approved 200541 Rodland SD 06/22/2005 Approved 200547 Enders SD 07/27/2005 Approved 200548 Eagle Bluff SD 08/10/2005 Approved 200549 Boat Ramp SD 08/10/2005 Approved 200550 Shill's Estate 08/10/2005 Approved 200552 ROW Easement Vacation 08/24/2005 Approved 200558 Dena'ina Point Estates St. Augustine Addn. 10/26/2005 Approved 200559 Evergreen Subdivision-Webber Addition 10/26/2005 Approved 200510 Rezone RR to R 02/23/2005 Approved 200516 Rezone from RS to GC 04/27/2005 Pending 200536 C - LC 06/08/2005 Failed 200546 RR - CG 07/27/2005 Failed 200553 C - CG 09/14/2005 Approved 200556 Transfer CUP 98-45 09/28/2005 Approved 200564 Transfer CUP 99-06 12/14/2005 Approved 200569 Transfer CUP 05-06 Meal Preparation 12/14/2005 Approved 200555 Building Permit 09/28/2005 Approved 04 January, 2006 Page 3 of 4 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Variance 200502 Side Yard 01/12/2005 Approved 200522 Rear Setback 05/11/2005 Approved 200524 Lot Coverage 05/11/2005 Approved 200530 Side Yard Setback 05/25/2005 Approved 200551 Rear Yard Setback 08/24/2005 Approved 200565 Height Variance 12/14/2005 Approved 04 January, 2006 Page 4 of 4