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Home My WebLink About2006-02-08 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 8, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioner 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. *January 25, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-10 -Preliminary Plat -Spruce Shadows Subdivision -Merritt Addition -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-09-An application for a Conditional Use Permit for an Off-Site Catering Business for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Laura Ganshow dba The Family Table, 405 Birch Street, Kenai, Alaska. b. PZ06-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.290 be amended to clarify which issues maybe appealed to the Board of Adjustment and setting forth rules regarding who has standing to bring appeals. 6. OLD BUSINESS: a. PZ06-08-An application for a Conditional Use Permit for an Off-Site Catering Business for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as Heavenly Delights, P.O. Box 2676, Kenai, Alaska. (Postponed from January 25, 2006.) Application withdrawn by applicant. b. Notice to reconsider - 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. (Reconsideration request given by Commissioner Eldridge.) Agenda February 8, 2006 Page 2 7. NEW BUSINESS: a. Lease Application -Mark E. Lockwood d/b/a Kenai Self-Storage/Tract B, Gusty Subdivision No. 2 -Discussion and Recommendation. 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. Letter accepting Commissioner Hammelman's resignation b. Zoning Bulletin (1/10/06) c. Appointment Letter -James R. Jenckes d. Planning Commission Roster 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 January 25, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioners 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. *January 11, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ06-OS - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended by eliminating from the Kenai Zoning Code Land Use Table (KMC 14.22.010) Footnote 19 that requires some conditional uses in the Rural Residential 1 and Suburban Residential zones to have ingress and egress to the Kenai Spur Highway. b. PZ06-06 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 9A, VIP Park Estates -Alexander Replat (2655 Watergate Way), Kenai, Alaska. Application submitted by Richard Alexander, 2655 Watergate Way, Kenai, Alaska. c. PZ06-07 - An application to rezone a portion of Tract A-1B Petersen Subdivision Addition No. 3 (606 Petersen Way), Kenai, Alaska, from Conservation to Historic Townsite. Application submitted by Peter Klauder, 606 Petersen Way, Kenai, Alaska. d. PZ06-08-An application for a Conditional Use Permit for an Off-Site Catering Business for the property described as KN T06N R11W S 34 NW1/4 SWl/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as Heavenly Delights, P.O. Box 2676, Kenai, Alaska. 6. OLD BUSINESS: 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. (Postponed from 1/11/06.) 7. NEW BUSINESS: a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's HIW, Inc. - Lots A-1 & A-2, Baron Park No. 6 -Discussion and Recommendation. b. Annual Report -Extraction of Natural Resources -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: a. 2005 Code Violations Summary 10. REPORTS: a. City Council b. Borough Planning c. Administration (i.) 2005 Yearly Conditional Use Permit Report 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Reappointment letters -Commissioner Amen, Commissioner Eldridge, and Commissioner Twait b. "Zoning Bulletin" -December 24, 2005 c. Planning & Zoning Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting -Development of a Mixed Use Overlay Zone -Discussion CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 25, 2006 - 7:00 P.M. CHAIR NELSON AMEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Amen called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: J. Twait, N. Amen, P. Bryson, L. Chase, B. Eldridge Others present: Council Member Ross, City Planner Kebschull, Department Assistant Carver, Building Official Springer, Scott Romain, and Contract Secretary B. Roper A quorum was present. 1-b. Swearing in of New Commissioner City Planner Kebschull administered the oath of office for newly appointed Commissioner Scott Romain. Commissioner Romain took his seat on the dais. 1-c. Agenda Approval The following items were added to the agenda: Item 5-b -- Comments from Leslie and Betty Strickler Comments from Irving and Randi Smith Item 5-d -- Letter from D. Cheney McLennan regarding sublease for Heavenly Delights Letter from Robin BeDunnah requesting postponement of action until February 8, 2006. Item 6-a -- Comments from Mary Ellen Anderson Item 7-c -- P8vZ Resolution amending KMC 14-20-290 -Appeals MOTION: Commissioner Eldridge MOVED to approve the agenda adding the additional items provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 11, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-05 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended by eliminating from the Kenai Zoning Code Land Use Table (KMC 14.22.010) Footnote 19 that requires some conditional uses in the Rural Residential 1 and Suburban Residential zones to have ingress and egress to the Kenai Spur Highway. Kebschull reviewed the draft resolution included in the packet and provided further explanation for the purpose of removing Footnote 19. MOTION: Commissioner Bryson MOVED to approve PZ06-05 and Commissioner Eldridge SECONDED the motion. Chair Amen opened the public hearing. There were no comments and the public hearing was closed. Commissioner Eldridge noted the Depart of Transportation determines access from the Spur Highway and he believed the amendment appropriate. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 2 MOTION PASSED UNANIMOUSLY. Amen explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. 5-b. PZ06-06 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 9A, VIP Park Estates -Alexander Replat (2655 Watergate Way), Kenai, Alaska. Application submitted by Richard Alexander, 2655 Watergate Way, Kenai, Alaska. Amen reminded the Commission of the additional information included prior to the meeting for this item. Kebschull noted the following: • The application is for an encroachment permit for a side yard setback. • In December, 2005 the Building Official noticed an addition to the house and a carport had been constructed without a permit. The applicant was notified of the violation. • During the application process, it was noted the carport was constructed into the side yard setback creating an approximate 11-foot encroachment. • The carport was built with wooden posts embedded in concrete. The distance of the post nearest to the property line is 3 ft. 2 in., however the encroachment is actually 11 ft. 10 in., which is larger than what the applicant shows on the application. • If the applicant had applied for a building permit, he would have been advised of the building setback. • Inasmuch as the carport does not seem to have affected the adjoining property owners, the encroachment seems excessive. • Staff recommended the request be denied. However, if approved, then staff recommended the following -- The permit be limited to the carport as constructed. -- No further construction on the structure be permitted, including additions that would increase the non-conformity of the structure. -- That the carport must be maintained as a carport and may not be enclosed as a garage or other residential structure. • Original photos are available for review. • Adjoining property owners, Leslie and Betty Strickler paid for a survey. MOTION: Commissioner Eldridge MOVED to approve PZ06-06 and Commissioner Romain SECONDED the motion. PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 3 Amen opened the public hearing at 7:10 p.m. Leslie Strickler, P.O. Box 26?8, Kenai, Alaska -- Mr. Strickler noted the following: • He owns the property that is encroached upon. • Feels any further construction would take away from the appearance of his lot. • Mr. Alexander admitted to violating the setback requirements when he submitted the application. • Requested the Commission deny the application. Richard Alexander, 2655 Watergate Way, Kenai, Alaska -- Mr. Alexander noted the following: • He did build and noted that he got in a hurry. He had the paperwork for the permit but had limited time so went ahead with the project. • He turned the project just before he drilled the holes for the posts, which he admits if he had the permit he would have known he was encroaching. • He assumed the lot line at the far end was further away so he moved it too close. • He felt the view would not be changed if he moved the carport 11 feet. • He intends to add on to his home with a permit this summer and at the same time was planning to enclose the carport to make it look like the house. • He appreciates the permit if granted and was not sure what to do with the building if it would not be approved. With no additional comments, Amen closed the public hearing at 7:20 p.m. Commission reviewed the original photographs and discussion followed with comments including: • When asked if there were any other encroachments or variances granted for Mr. Alexander's property, Kebschull reported there were not. • If the application was denied, Alexander's option would be to file an appeal to City Council. If the application is denied at that level, the City would then require the structure to be moved. • The lot on one side of Alexander is vacant and the Strickler's own the vacant lot. • Asked if there were any recent encroachments to this degree, Kebschull noted there had been some within five feet, however, with different zones there are different setbacks and the amount of encroachments vary. • Bryson noted there was one encroachment application denied when an adjoining property owner objected; Planning and Zoning approved the encroachment; the issue was appealed; the Commission's action was overturned. PLANNING 8s ZONING COMMISSION JANUARY 25, 2006 PAGE 4 VOTE: Twait No Romain No Amen No B son No Chase No Eldrid e No MOTION UNANIMOUSLY FAILED. Amen explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. MOTION: Commissioner Bryson MOVED to recommend the findings of fact as stated by staff be attached to this item and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 5-c. PZ06-07 -- An application to rezone a portion of Tract A-1B Petersen Subdivision Addition No. 3 (606 Petersen Way), Kenai, Alaska, from Conservation to Historic Townsite. Application submitted by Peter Klauder, 606 Petersen Way, Kenai, Alaska. Kebschull provided a brief summary of the purpose of the rezone application and noted the following: • The proposed rezone would eliminate a split zone situation; the area would be rezoned from Conservation to Townsite Historic. • The record was not clear why there is a split zone, but it may be the zones were delineated by the Spruce Street/Westward Street right-of--ways. • The applicant intends to continue to operate commercially and hopes to expand the use of the property. • All new development in the Townsite Historic Zone would be reviewed and approved to insure the integrity of the zone is maintained. • Staff recommended approval. MOTION: Commissioner Eldridge MOVED to approve PZ06-06 and Commissioner Romain SECONDED the motion. Amen opened the public hearing Father Thomas Andrew, Kenai Russian Orthodox Church, Kenai, Alaska -- Father Andrew noted the following: PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 5 • He is not against development in Kenai, but was concerned further construction in Old Towne would take away from the Church and Chapel. • Noted visitors from all over visit the Church and Chapel. • Additional construction would change the scenery of Old Towne and the behavior would change. • Requested the Commission keep the area zoned Conservation. Peter Klauder, 606 Peterson Way, Kenai, Alaska -- Klauder stated the following: • He is the owner of the property with the split zone and runs an architectural firm from the location. • He values the tourists who visit as well as the history of Old Towne. • Noted the apartment buildings built in the area do not add to the flavor in Old Towne. • Shares the values and anything he would do on the site would reflect those values. • Development causes change and change will happen, whether it is a change for the better or worse. • He hopes that thoughtful development in the Old Towne district could be a positive thing for Kenai and the residents in the area. • Anything he chooses to do in the future on the site would have to be approved by the City of Kenai and the public would have an opportunity to comment at that time. • He will be respectful of the process. • When he purchased the property, he did not realize there was a split zone right through his building. • Appreciated the Commission's consideration. Bryson asked if the adjoining property, Lot 1-A, owned by Peter Mysing, also had a split zone lot and Kebschull confirmed that it was a split zone lot. Becky Tromblee, 510 Mission, Kenai, Alaska -- Tromblee stated the following: • She understands why the property has a split zone because of the bluff. • She is concerned about the bluff, even though it is not eroding at this area and at this time any construction or building may damage it. • There is a meandering stream through the flats which is an essential part of Old Towne and she does not want to see that disturbed. • Requested the Conservation Zone remain in place. With no further comments, Amen closed the public hearing at 7:40 p.m. Commission discussion followed, including comments as follows: PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 6 • Asked if staff would describe the area toward the Cook Inlet, the vegetation type and how active it is, Kebschull replied she did not have the expertise to do so. • Bryson stated he noted the bluff is not eroding and the present owners are careful not to impact the area. • Asked if the properties in that area are affected by the new overlay, Kebschull noted split lots would need to be considered when reviewing the overlay. • Because the bluff is vegetated and the drainage area is protected, Eldridge felt the bluff was not impacted by the Cook Inlet. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. Amen explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. 5-b. PZ06-08 -- An application for a Conditional Use Permit for anOff--Site Catering Business for the property described as KN T06N R 11 W S 34 NW 1 /4 SW 1 /4 SW 1 /4 NE 1 /4 (601 Davidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as Heavenly Delights, P.O. Box 2676, Kenai, Alaska. Kebschull explained the application is for a Conditional Use Permit and summarized the application process. The following was noted: • The applicant plans to operate her business at the location she leases from the Family Table. • The catering business will operate from this site, however, the catering will be done off-site. • Onsite activities would include delivery service and food preparation. • There will be minimal traffic and the applicant anticipates deliveries will be made once per week. • The business wherein clients came to the kitchen and prepared their own meals was sold and the permit transferred to the new owners. • The City has received no complaints from either type of business operating from this location and staff recommended approval. • The applicant provided a letter requesting the item be postponed until the next Planning and Zoning meeting on February 8, 2006. MOTION: PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 7 Commissioner Bryson MOVED to approve PZ06-08 and Commissioner Eldridge SECONDED the motion. Amen opened the public hearing. April Fulk, Kenai, Alaska -- Fulk stated the following: • She is a friend of the applicant and has done catering for her. • She supports new business in the City of Kenai. • She did not realize the business was there for almost two years so has no problem with the new application. There were no further comments and the public hearing was closed. Bryson asked why the applicant request the issue be postponed until the next meeting. Kebschull explained, there was an issue with the sublease in that the City requires written permission from the owner. The written permission had not yet been received. MOTION: Commissioner Bryson MOVED to postpone PZ06-08 until the February 8, 2006 meeting and Commissioner Eldridge SECONDED the motion. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-a. PZ06-O1 -- An application to rezone parcels located between Ross Street 8v 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. (Postponed from 1/11/06.) Amen opened the meeting for additional public comment and noted the public testimony given at the last meeting was in text form and included in the meeting packet. PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 8 April Fulk, Kenai, Alaska -- Falk stated she lives off of Ross Road and supports the zoning change. Kebschull reported she received verbal comments from residents regarding the proposed rezone: • Dorothy Bryant lives on Lupine and is against the rezone. She wanted to remind the Commission that her son, Alan Bryant testified at the last meeting and he remains in opposition. Inez Zordell indicated she is in favor of the rezone. Bob Springer, City of Kenai Building Official -- Spring stated the proposed Limited Commercial Zone would make it more difficult to develop commercially. William Easling, Kenai, Alaska -- Easling stated he lives on Wortham and noted: • It may be more difficult to get an appropriate price for his residence if the rezone were approved. • He is concerned with his property value being diminished. • He is concerned with the potential noise from businesses that may go in the area. • He is concerned that should a commercial facility go in the area, it would go into the buffer zone. • He is concerned with increased traffic. Julia Slanoff, 535 Robin, Kenai, Alaska -- Slanoff stated the following: • She was not aware of the proposed rezone and is against it. • She does not want a used car lot in her area. • She believes commercial businesses would take away from the neighborhoods. Requested the Commission deny the rezone. Heath Fulk, Kenai, Alaska -- milk stated the following: • He is in favor of the rezone and felt that many of the individuals who are speaking against it do not understand exactly what the Limited Commercial Zone would allow with regard to businesses. • Noted mechanic shops and auto sales would not be allowed; he asked if hair salons would. Kebschull replied the new zone prohibits auto sales and car lots. She added, hair salons could be classified as personal services and would be allowed under the new zone. Did not think businesses such as a hair salon would increase traffic already in the area. Public hearing for additional comments was closed. PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 9 Bryson indicated he would lean strongly toward deleting Sungate Subdivision from the proposed rezone. Bryson indicated another problem area was Thompson Place which is residential and zoned commercial. MOTION TO AMEND: Commissioner Bryson MOVED to delete Sungate Subdivision from the proposed rezone which would include 500, 505, 615, and down; basically Shell Drive south and only on that side of the highway. Tracts 5040 and 5168 on the other side of the highway will remain Rural Residential. Commissioner Eldridge SECONDED the motion. VOTE ON MOTION TO AMEND: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. Amen asked staff when the issue could be considered again should it not be approved at this meeting and Kebschull replied it would be nine months before it could be brought to the Commission again. Eldridge explained to the public the purpose of a Limited Commercial zone was to restrict it to something less than a commercial by limiting the size of a structure and requiring landscaping along all sides of the property. Eldridge added, residences could be built in this zone. VOTE ON MAIN MOTION AS AMENDED: Twait Yes Romain Yes Amen No B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. ITEM ?: NEW BUSINESS ?-a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's HIW, Inc. -Lots A-1 8v A-2, Baron Park No. 6 -Discussion and Recommendation. Kebschull reviewed the memo included in the packet and the following questions and PLANNING 8s ZONING COMMISSION JANUARY 25, 2006 PAGE 10 answers were provided: • Does the proposed use comply with the zoning ordinance? The parcels are split zoned; General Commercial and Light Industrial. Retail businesses, such as Lowes, are permitted in both zones. • Does the proposed use comply with the Comprehensive Plan? Because the Airport Industrial land use has not been implemented the parcels were not identified as needed in the proposed Airport Reserve, and the proposed use meets the zoning it appears that the proposed lease complies with the City's Comprehensive Plan. • Does the proposed use comply with the Airport Master Plan? The FAA released the land in 1992 for lease or sale for non-aviation purposes. The use is a commercial use and complies with the Kenai Municipal Airport Master Plan. • Is the proposed use the highest and best use? The proposed use appears to be the highest and best use at this time because there is no other proposed use. • Does the proposed use meet other goals set by the Commission or City Council? The Commission has not set goals for lease applications. MOTION: Commissioner Eldridge MOVED to recommend that City Council approve the Lowes' lease application including staff's notes and recommendations. Commissioner Romain SECONDED the motion. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. 7-b. Discussion -- Annual Report -Extraction of Natural Resources Kebschull reported, upon review of the Conditional Use Permits for gravel pits operating in the City, it appears all are in compliance. ?-c. PZ06-11 -Resolution amending KMC 14.20.290 -Appeals Kebschull reported this item would be introduced to City Council at its next meeting and would come before the Planning Commission with a public hearing at the February 8~ 2006 meeting. This proposed amendment would clarify which issues may be appealed to the Board of Adjustment and set forth rules regarding who has standing to bring appeals. PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 11 ITEM 8: PENDING ITEMS 8-a. PZ05-16 -- 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 ITEM 9: CODE ENFORCEMENT -- None. 9-a. 2005 Code Violations Summary -- Kebschull indicated the report is included in the packet. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda for the January 18 meeting was included in the packet. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on actions taken at the January 23, 2006 Borough Planning meetings. 10-c. Administration -- Kebschull reported the following: • The 2005 Yearly Conditional Use Permit report is included in the packet. She added, one individual was not in compliance, however he is out of state and this was probably just overlooked. Staff did not think this would be an issue. • City Engineer La Shot reported EDD filed for a grant to do some environmental studies in Millennium Square. The grant was approved and a request for proposals (RFP) would be advertised for professional services. Kebschull noted the RFP would be issued by a group in Fairbanks to conduct a Phase I and Phase II environmental assessment of Millennium Square. ITEM II: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Reappointment letters -Commissioner Amen, Commissioner Eldridge, and Commissioner Twait 12-b. "Zoning Bulletin" -December 24, 2005 12-c. Planning 8v Zoning Commission Roster ITEM 13: COMMISSION COMMENTS & QUESTIONS Amen noted the following: A vacancy remained on the Commission and requested PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 12 recommendations. • Reminded the Commission the APOC Financial Disclosure Statements were due by March 15, 2006. Commissioner Twait welcomed Commissioner Romain to the Commission. It was noted a work session will immediately follow this meeting. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:35 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 13 44 STAFF REPORT To: Planning & Zoning Commission Date: January 23, 2006 Res: PZ06-10 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Spruce Shadows Subdivision -Merritt Addition Legal Description: Resubdivision of Lots 3 & 4 Spruce Shadows Subdivision. Located within the NW1/4 NW1/4 SE1/2 Section 34, T6N, Rl l W, S.M. Street Address: 304 and 306 Baker Street KPB Parcel No.: 04521056 & 04521055 Existing Zoning: RR -Rural Residential Current Land Use: Vacant/Residential Land Use Plan: Neighborhood Residential ANALYSIS Plat removes lot lines to create one large parcel from two parcels resulting in Lot 3A. The resulting lot size meets the requirements for the RR Rural Residential zone. Public water and sewer service is available. There is a structure located on the current Lot 3. Plat should verify no encroachments exist. City En ineer: No installation agreement needed. Baker Street is improved and utilities are available. Building Official: There should be no building code issues. RECOMMENDATIONS Recommend approval with the following recommendations: a. Correct street name from Copper Lane to Baker Street. b. Verify no encroachments exist. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-10 2. Preliminary Plat -z,,,~~'~. CITY OF KENAI _, ~~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-10 ttiecifyof 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 Spruce Shadows Subdivision-Merritt Addition was referred to the City of Kenai Planning and Zoning Commission on February 8, 2006, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: 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. Correct street name from Copper Lane to Baker Street b. Verify no encroachments exist NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES Spruce Shadows Subdivision -Merritt Addition SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February 8, 2006. CHAIRPERSON: ATTEST: `' ~~ ~' q w ..v t ~~: A ry1 h 7R ~: f. Q ~ a~ai off. ~ $ ." Y yy ~ O~FW 2? LL F ~~ n k~ ~' ` ~ ~}p~~ S ~ ~~ .. , ~. !~3 .~ z 'S~ g 0 0 ~~~~ ~ ~ ~ W ~[ 7 Q ~ ~ kr - ~' Y~?~ ~ ~ : (~ L~ ~F - C F..xy D <Wm`~ ~_ a ~-ZI-- za _ ~ ~~ZW ~ , U~ ~ 5 ~ ~ < ~~om u~r, +n~'.~. W V o ~°5i~{ y m aoW W j < 7 _ r ~4 ~ _ N W vrfo3Ft -^~ ~; ' a~'. 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(,ZC099 3.Z0.0N) 6uNoog ~o gcog /vf""t'7~'Y ~~~,~,. , i.G/~ 1~ 965eau ~s~~~< aYa~~~ ~- ;g~ss 3a~$YO F Fa~•~$ ~~~x=E o,~E ~~ ~ "~°~ >- '~8"=; r3r~o.§ r~ § ~ -;~s. 0 n s~fr ~S'' :n~E35 _«ES'®: d ~ o 0 n ~~ `~~ ~~ ; ~$ ~~ $ o., $. m`a o ~a ba Z ~`~ ~ a d .~ ' .. .~ (~ I nn I ~~~(°~ ~~~W~ 5a STAFF REPORT To: Planning & Zoning Commission Date: January 18, 2006 Res: PZ06-09 (PZ05-69) GENERAL INFORMATION Applicant: Laura L. Ganshow 335-5437 The Family Table 405 Birch Street Kenai, AK 99611 Requested Action: Amend Conditional Use Permit -include Off-site Catering Business Legal Description: KN T06N R11W S34 NW1/4 SW1/4 SW1/4 NE1/4 Street Address: 601 Davidson Street KPB Parcel No.: 04519001 Existing Zoning: RS -Suburban Residential Current Land Use: Residential Land Use Plan: Neighborhood 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. The Planning & Zoning Commission approved the Conditional Use Permit transfer of "The Family Table" from D. Cheney McLennan to Laura Ganshow at the December 14, 2005 meeting. At the time of the transfer the permit for the "the Family Table" was for on-site meal preparation, wherein clients came to the kitchen and assembled their own meals. The applicant had no plans to provide off-site catering since there was another business applying for a Conditional Use Permit for an off-site catering business from the same location. The applicant has now decided to expand the current business to include off-site catering. The Planning & Zoning Commission approved a Conditional Use Permit for off-site catering in June 2002 to D. Cheney McLennan, The Chase is Over Catering, LLC. Included is the same detailed landscaping/site plan that was submitted and approved by the City Engineer and the Building Official. The new catering business will operate from this location; however the catering will be off- site. On-site activities will involve delivery service and preparing the food. The business will have minimal traffic impact to the area as it is anticipated that deliveries will be once a week. The City has received no complaints from either type of business operating from this location. To issue the permit, the Commission must determine the following: The use is consistent with the purpose of this chapter and the purpose and intent of the zoning district. The property is zoned RS -Suburban Residential. The intent of the zone is, "intended to provide for medium density residential development in areas, which will be provided with common utility systems." The use will not increase the density in the zone. • The value of the adjoining property and neighborhood will not be significantly impaired. This type of business has been operating from this location since 2002. It does not appear the value of the adjoining property and neighborhood have been impaired by the proposed use. The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this parcel as Neighborhood Residential in the Land Use Plan. "The Neighborhood Residential district consists ofsingle-family and multi- family residential areas that are urban or suburban in character. Typically, Public water and sewer services are in place or planned for installation. This land use district may include both single-family and multi-family dwellings subject to reasonable density transitions and/or design compatibility. Formal public outdoor spaces (parks) are a critical feature in this district. Small home-based businesses may be accommodated within certain design guidelines. Neighborhood institutional uses such as churches, schools, and day care facilities may be intermixed if they comply with neighborhood design guidelines." The proposed catering business will prepare meals on-site then deliver them to off-site premises. There should be little to no traffic other than the weekly deliveries to fulfill contract requirements, 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. City Engineer: Parking, drainage and snow storage areas do no change. Traffic characteristics should be similar. Building Official: The building was built to meet codes for this type of occupancy. RECOMENDATIONS A similar business has operated from this property in the past with no complaints. Applications for Conditional Use Permits must have approval of the legal property owner according to KMC 14.20.150(b)(2) "Verification by the owner of the property concerned if other than the applicant." At the time of the application it was believed the applicant had approval of the property owner as per the letter dated December 1, 2005. On January 31St we received a letter from the property owner withdrawing his approval for an off-site catering business from this location. Because the application no longer meets the requirements of KMC 14.20.150(b)(2), recommend the application be denied. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: Resolution No. PZ06-09 Application Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-09 (05-69) CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Laura Ganshow, The Family Table USE: Off-Site Catering Business LOCATED: T06N R11W S34 KN NW'/ SW'/ SW'/ NE'/ - 601 Davidson St. (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04519001 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: January 18, 2006 2. This request is on land zoned: RS -Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: February 8, 2006 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED Off-Site Catering Business 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, February 8, 2006. CHAIRPERSON: ATTEST: ~~p-v -~ ~~I/c'~~a e with a Past, Gi wit~t a F~ctr~re ~~ .~ r - ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,wl '~ "`~%`-~ '~ ..,, Telephone: 907-283-7535 /FAX: 907-283-3014 ~~ :-- . - _ - .,,,- . 1992 tyre ci u „ ~f KENA1~ SKA CONDITIONAL USE PERMIT APPLICATION Date: Applicant's Name: ~~y'X/j,~ Phone: ~ ~ ~ Business Name: Mailing Address: ~t ~ ~J~ /~G~ C~. ' , 1 ~i~10~- ~ (/+ ~ ~Cj (,Q( Street Address: ~~ ~~* ~ Spy ~~ . ~'~._Y1GU /41~ ~ C/ a ~~ (Where permit will be operated from.) Legal Description of Property: T o(o.l~_~, ~,~,(,b„~ ~J ~, Kenai Peninsula Borough Parcel No.: Q ~ $~ ~ ~C'~ City of Kenai Zoning: R5 - ~ .~ _ (h ~,n ~~,~-~ ~ ~~ Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~- -t- c.~1Csz` - ~ v~c.~ - `v~r..,IC~ -t-~~~, o ~t-~= S ~ ~t `rte C L_~Yt~~ c~'; ***~**~* The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) ^ I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned 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 l±emiit 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 propose The proposed use will not be harmful to the public safet welfare. I certify that the information provided is accurate to the best of my kn Applicant: ~> d use. y, health or owledge. Date: V ~~ C8'/~Cp - ROY L. HAYS SUBD. RODLAND SD r ~.~ . , it Y ~.~ ~~ ~ '~ o ~s ~~ ~.~ ~~ s Q v ~~~ X f ~ n ~~ , ~i ~ ~ ~ ? ~ 4 ~ l ~ f ~, ~ `~, '^ o Q r • o- e ~ ., Q ~i, 1~~~ti ~e ~ ~ z h ~~ ~ ,, , ~.~ ~ I ~ * p ~ ~ ~ ~--4 \ Raw - --- -- - --a----- ~~ ~~ -_J, ~~- •~ '~ Y ~~ V \ /G ~ r~~ ~ o ~ ~ i ~ - ~- ~-- ~~ ~~-\, ~\~~ ` 3 t f- __ l~1 M `~;~ ~Cti `^~'~ 3 '~~~ v `, 7 R -~_ J~-- j !{) ~~~ a \ , ~ 0 1. ~. ~ ; ' ' v ' ~ 11 O °' ~ _ ~..' 0 , ~, ~ 3 v ~ _~ \ Q ' a y ~ (ol ~ ;~ ~ - ~ - -~-- .. f x - ~ , IN'r. ~ ~ C .l 1n ~ ,~ ~ T ~ \ r `l •~ Q` \~ ~ , b .~ ~/' E- fin, ~C ~ ~ i ~ ~ ~ '~. ~ ~ i ~ Z, ~ `ta ~, ~ \ Q „ ~ i I ~ ~ ~ ~ ,4 ' _ r--n Z v ~ h lb I a;~r ~~~ ~ ~ ~. 2` `~ ~ e v5~sxe ~ sY ~ 3` 1 \ i a ~ ~ *~. `~ A ~Q ~` c ~, ~' 3 ~ ~\ r',+ ~~ ~ ,J '1I}~ Ty .'/ ~~ i~ 1R 9 , 'cs~"~ •.. ~ PJt' uv _~ 1 ~ \ ~T r ~ ~ ~.,Y~ .. \~'~. ~• r, a h a ~.o 0 L ~~ a e., . a o a° e .`~ ~~ ~ .Ji' II ~ ~ v ~_ ~-- N i ~ i ~ ~. ,j ~. Z h~~ i i I U~U„ _g Cheney McLennan 601 Davidson Street Kenai, AK 99611 December 1, 2005 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Re: Conditional Use Permit - 601 Davidson Street To Whom It May Concern: This is to inform you that The Family Table has been sold to Laura Ganshow and Christin Leckwee with a lease agreement for the conditional use permitted commercial kitchen located at 601 Davidson Street. There has been no change to the type of business. The current owners will continue to provide family-style dinners to the community as well as catering services. If you have any please give me a call. Thank you. 252-6643 FROM :MCLENNAN HOUSE FAX N0. :2835939 Jan. 31 2006 01:46PM P1 D. Cheney McLennan 601 Davidson Street Kenai, Alaska 99b11 January 31, 2006 City of Kenai Planning $z Zoning Commission 210 Fidalgo Avenue Kenai, Alaska ~~611 Re: Conditional LJse Permit for Heavenly Delights Catering Conditional Use Permit for The Family Table Dear Sirs: l have been advised by a Mr. Mark Osterman, Attorney at Law representing The Family Table, that our current lease agreement with The Family Table has no control over The Family Table's ability to share our small commercial kitchen with as many sublets as it wishes. Since the facility is immediately adjacent to our residence in a residential neighborhood in the city of Kenai, you can perhaps understand our concern about excessive vehicle tratFic; night shift activity and unknown entities having; free run of our residential property. I support The Family Table wholeheartedly in their continued success in operating their dinner meal prep business on which our lease a~eement was originally established. However, I cannot, at this time, approve any catering service activity from the commercial kitchen at my residence. Thank you for your attention to this matter. Sin el , D. Chene ~VE....y ..~ f a r Rv~ ~ • ~ ~~~~-~ ~~ irn ~ nIJIJJC r N1S NU. ~ Gi~.3~7.5'y F Eb. 171 ~17L~1(7 172 : 44f M P 1 January 31, 2006 City of Kenai Punning dt Zoning Commission 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Conditional Use Permit for Heavenly Delights Catering Conditional Use Permit for The Family Table To Whom It May Concern: I reside 2 houses down from 601 Davidson on Bumblebee. A small family-owned business like The Family Table fits okay into our quiet residential neighborhood. However, a second or third business that will no doubt increase traffic and activity at all hours is of concern to me. Ism not in support of granting a conditional use permit for catering to either of these businesses. Thank you for allowing me the opportunity to voice my opposition. Sincerely, Sandy Hendershot / ~r - \ ~~ -:.~. KENA~ 5KA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-11 5b A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.290 BE AMENDED TO CLARIFY WHICH ISSUES MAY BE APPEALED TO THE BOARD OF ADJUSTMENT AND SETTING FORTH RULES REGARDING WHO HAS STANDING TO BRING APPEALS. WHEREAS, the intent of the Kenai Zoning Code (KMC 14.20.321) is to enhance public health, safety and welfare through, generally, the regulation of use of land; and WHEREAS, land use and zoning regulations do impose significant burdens on the use of privately owned land, which are necessary for the enhancement of public health, safety and welfare, and WHEREAS, the authority and responsibility to enforce the Kenai zoning code is primarily given to the Administrative Official and Planning and Zoning Administration under KMC 14.20 subject to appeals to the Board of Adjustment, and the state courts; and the authority to grant some permits and variances is given to the Planning and Zoning Commission, subject to appeals to the Board of Adjustment and the state courts; and WHEREAS, a municipality is required by AS 29.40.060 to grant standing to a "person aggrieved" by a zoning decision made by municipal officials, and the Alaska Supreme Court has held that this shows the Legislature has chosen to limit standing in the area of land use law, in order to prevent excessive litigation and undue delay of final decisions, Earth Movers of Fairbanks v. Fairbanks North Star Borough, 865 P.2d 741, 743 n. 6, rehearing denied. Additionally a liberal rule of standing would potentially create a land use battleground that would unduly tax the resources of the municipality in addition to impairing the free enterprise system and unduly interfering with the use and development of private property; and WHEREAS, recent experiences of the Planning and Zoning Commission and Board of Adjustment show there is uncertainty about the standing of persons to appeal under the current Kenai zoning code, which should be eliminated by amending the code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Kenai Municipal Code 14.20.290 be amended as set out in Attachment A to this resolution. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of Februarv, 2006. Resolution No. PZ06-11 Page 2 of 2 CHAIRMAN ATTEST: 14.20.290 Appeals-Board of Adjustment (a) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing_and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an "ag rieved erson." [THE APPEAL SHALL BE HEARD BY THE KENAI CITY COUNCIL ACTING AS THE BOARD OF ADJUSTMENT.] (4) Any person(s) aggrieved by a final decision of the administrative official or Commission may file an meal. The appeal shall be heard by the Kenai Cif Council acting as the Board of Adjustment. (5) To be a"person(s) aggrieved" by a final decision of the administrative official or Commission the person must be: 1) the applicant for the action taken or determination, or the owner of the propertv that is the subject of the action or determination under appeal; or 2) the administrative official• or 3) an owner of real propertv who can show proof of the adverse effect that the action or determination has or could have on the use. enjoyment or value of the real property owned b~person. An interest that is no different from that of the general public is not sufficient to make a erson ag~rieved• or 4 any person who was entitled under Section 14.20.280(c) to notice by mail of a public hearing on an application for the action or determination. (6) A statement of the relief requested b tip elp lant• (7) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the ~ropert~ (b) The City Clerk shall reject any notice of appeal that does not comply with the requirements of section 14.20.290(a) and notif ty he appellant of the reasons for rejection If a notice of appeal is rejected for reasons other than timeliness a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. (c) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. (d) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code: (2) a decision not to issue an enforcement order under KMC 14 20 260 or any other provision of the code; 3) any recommendation for or a aig_nst approval of the adoption, revision, or amendment of the zoning code zoning map comprehensive plan anv other plan, a rezoning_or anv other matter involving a recommendation (e) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment Resolution PZ06-11 Page 1 of 2 Attachment A may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred feet (300') of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse, remand 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. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. The minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participating in the appeal. Resolution PZ06-11 Page 2 of 2 Attachment A Suggested by: Mayor Porter CITY OF KENAI ORDINANCE NO. 2142-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 TO CLARIFY WHICH ISSUES MAY BE APPEALED TO THE BOARD OF ADJUSTMENT AND SETTING FORTH RULES REGARDING WHO HAS STANDING TO BRING APPEALS. WHEREAS, the intent of the Kenai Zoning Code (KMC 14.20.321) is to enhance public health, safety and welfare through, generally, the regulation of use of land; and WHEREAS, land use and zoning regulations do impose significant burdens on the use of privately owned land, which are necessary for the enhancement of public health, safety and welfare, and WHEREAS, the authority and responsibility to enforce the Kenai zoning code is primarily given to the Administrative Official and Planning and Zoning Administration under KMC 14.20 subject to appeals to the Board of Adjustment, and the state courts; and the authority to grant some permits and variances is given to the Planning and Zoning Commission, subject to appeals to the Board of Adjustment and the state courts; and WHEREAS, a municipality is required by AS 29.40.060 to grant standing to a "person aggrieved" by a zoning decision made by municipal officials, and the Alaska Supreme Court has held that this shows the Legislature has chosen to limit standing in the area of land use law, in order to prevent excessive litigation and undue delay of final decisions, Earth Movers of Fairbanks v. Fairbanks North Star Borough, 865 P.2d 741, 743 n. 6, rehearing denied. Additionally a liberal rule of standing would potentially create a land use battleground that would unduly tax the resources of the municipality in addition to impairing the free enterprise system and unduly interfering with the use and development of private property; and WHEREAS, recent experiences of the Planning and Zoning Commission and Board of Adjustment show there is uncertainty about the standing of persons to appeal under the current Kenai zoning code, which should be eliminated by amending the code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.290 is amended as set out in Attachment A to this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February 2006. Pat Porter, Mayor Ordinance No. 2142-2006 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Introduced: February 1, 2006 Adopted: February 15, 2006 Effective: March 15, 2006 °li'~~a9e with a Past, Gc~ wit6r a F lDA MEMO: ~~ ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 :~ ~-~,~,~~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -~~ Telephone: 907-283-7535 /FAX: 907-283-3014 ~I ~_ -- ~ Telephone: 907-283-7535 /FAX: 907-283-3014 'III ~~ 1992 the uTyof '~: the cc'fy o f HEN ~ SKA KENAI~ SKA TO: Planning and Zoning Commission FROM: Nancy Carver, Planning & Zoning Assistant DATE: February 1, 2006 SUBJECT: PZ06-08 -Conditional Use Permit -Off-Site Catering Business - 601 Davidson Street T06N, R11W, S34 KN NW %4 SW'/4 SW N E '/4 The City of Kenai received a letter from the legal property owner of the above property withdrawing his previous approval for an Off-Site Catering Business. After receiving the above letter the applicant withdrew her application ~.~, °a ,~""`,, /~/~ GcJ~! o ~- c~1 ~~j i 1 c~ru- ~.~ c~,,~ ~~~ - ~x~ 3 cam-' ~~~, 2~,~'~ ~t ,~-,~-c. ~,,,,~. Dlr~,..u, ~ --- o~. Gm. d~~ .u~J~c ~ ~~. ~„~, w1 <~ ~ ~ 7 ~~ . ~~ ~n - ^~"V" / , I.I. ...,~",,,~„ 1IUVJC rHlS NU. .~~i.55ySy Jan. 31 2006 01:46PM P1 D. Cheney McLennan 601 Davidson Street Kenai, Alaska 99611 January 31, 2006 City of Kenai Planning & Zoning Commission 210 i=idalgo Avenue Kenai, Alaska 99b 11 Re: Conditional Ilse Permit for Heavenly Delights Catering Conditional Use Permit for The Family Table Dear Sirs: 1 have been advised by a Mr. Mark Osterman, Attorney at Law representing The FaniiIy Table, that our current lease agreerncnt with The Family Table has no control over The Family Table's ability to share our small commercial kitchen with as many sublets as it wishes. Since the facility is immediately adjacent to our residence in a residential neighborhood in the city of Kenai, you can perhaps understand our concern about excessive vehicle traffic; night shift activity and unknown entities having free run of our residential PmP~Y- I support The Family Table wholeheartedly in their continued success in operating their dinner meal prep business on which our lease a~eement was originally established. However, I cannot, at this time, approvc any catering service activity from the commercial kitchen at my residence. Thank you for your attention to this matter. Sin el , D. Chene C_EIVEt~ ;.a.w~ PLANN;;V±;,. ~:''~ ?'~RTr~i~NT STAFF REPORT To: Planning & Zoning Commission Date: January 6, 2006 Res: PZ06-08 GENERAL INFORMATION Applicant: Robin BeDunnah 252-1203 Heavenly Delights P.O. Box 2676 Kenai, Alaska 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Off-Site Catering Business T06N R11W S34 KN.NW'/4 SW'/ SW'/4 NE'/ 601 Davidson Street 04519001 RS -Suburban Residential Residential Medium Density Residential General Information: KIVIC 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. 0608 Comment.doc Page 2 Ms. BeDunnah plans to operate her business at the above location she leases from The Family Table. The applicant supplied a letter of approval from the property owner, D. Cheney McLennan concerning the lease. The Planning & Zoning Commission approved a Conditional Use Permit for off-site catering in June 2002 to D. Cheney McLennan, The Chase is Over Catering, LLC. At that time the detailed landscaping/site plan met approval of the City Engineer and the Building Official. The new catering business will operate from this location; however the catering .will be off-site. On-site activities wilt involve delivery service and preparing the food. The business will have minimal traffic impact to the area as it is anticipated that deliveries will be once a week. The Chase is Over Catering, LLC operated through November 2004, and opened "The Family Table." This was a business wherein clients came to the kitchen and assemble their own meals. Mr. McCeennan sold "The Family Table" in December 2005. The permit transferred to new owners. The City has received no complaints from either type of business operating from this location. The Commission determined the uses met criteria required under KMC 14.20.150 during previous reviews. Recommend approval of Conditional Use Permit once applicant meets all requirements with Federal, State, and local regulations. City Engineer: Site characteristics would not appear to change. Building Official: The building was built to code requirements for this type of occupancy at the time of construction. RECOMMENDATIONS A similar business has operated from this property in the past with no complaints recommend approval. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-08 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-08 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PER I NAME: Robin BeDunnah Heavenl Deli hts USE: Off-Site Caterin Business LOCATED: T06N R1 1 W S34 KN NW %4 SW %4 SW %4 NE %4 601 D (Street Address/Legal Description- KENAI PENINSULA BOROUGH PARCEL Ddtr~~519001 WHEREAS, the Commission finds: 1. That an application meeting the requiof Section 14.20.150 has been submitted and received on: Ja ary 2006 2. This request is on land zoned: 3. That the applicant has d they can and will meet t in addition to existing re 4. That a dy.L~advert condu ed b the 5. Applica t to with plans and other documents that foil g specific requirements and conditions Residential Baring as required by KMC 14.20.280 was on: January 25, 2006 th all Federal, State, and local regulations. NOW, THEREFO BE RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF E I Y OF KENAI THAT THE APPLICANT HAS DEMONSTRATED T THE PROPOSED Off-Site Catering Business MEETS THE CONDITIONS R UIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DO AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIA E PERMIT. PASSED BY TIE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALA KA, February 8, 2006 CHAIRPE ~E CITY T0: ATTEST: f ~, ~- - ~%~~, "' }~ 6i _ :._ y ~ ..._ _ i ~~ the cc~ u f ~~ KENQI~ SKA "Vi~~a e wit~t a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,l~~ Telephone: 907-283-7535 /FAX: 907-283-3014 ~ (~' -^~,,,,_ 1992 CONDITIONAL USE P APPLICATION Date: ~~~~ Applicant's Name: 1 ~ ~ R vt=.L ~ y /~ ~ ~-r r;- r~ r ~ Phone: ,~ S ~ ~ 1 ~, a ~ Business Name: Mailing Address: ,~f'• d b. Eta .,.~, JAN ~ ? 006 c .~C 41~t1o ~ 1 Street Address: ~ !~ C ~ rP v i h ~--c;.t:, ~ ~ ~~L T- (Wherepermit will be operated from.) Legal Description of Property: _~ r~t9N ~~~~ ~°~c,-~ 1~ ~~~ Sly ~~~ Kenai Peninsula Borough Parcel No.: ~~ ~j ~ ~ pd ~ City of Kenai Zoning: ~~ (.~~? .~ A " ~ n, ,~ ,C7 `~ C.~^~- Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. 6 ~~ .~ i~~" ~ ~f T"EK iic.~ ~j U S,in X55 L1L-2_ ZOO - -~-e e~ c~ w ******** The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) ^ I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned 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.) y 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: de~~-~- Date: ~/4~ /~ 4' ~.._ _ _.. <_ ~- ~ .~ .~h-N ~ ~. 2006 ~, w . __ 6. ..w,a~,_... ~". °~" ~ pF K~~~~ P~AC~r~tr~~ aEp~~-~r~~,~ ~_ -~, 3~ ~~ ~ ~~ GO ~ 1 2 3 4 O O O Z 6 7 $ . ~ J a~ 9 9^ 0 3 ~~ 0~ J~~ GO 5 a 0~. 0~~~ ~~'~ ~~J ,~a GoJ oJ~• G J~~ GO 4 essz 33 320 ~ 31 648 30 29 LEBEE AVE A 1604 1808 1608 ifi10 16 12 ~ 1 i NN \\ ~ N 2 3 4 1fi09 1811 2A ifi1J 6 1615 z =1 ~.~ . , r- . =-L! _~~ LI I F_~_._' ~'' , ",~-~_~ , i I~ --r------ ,~~`~ li ~ -~ I_ -_ ~ ~~ ~. -} _ t r-~~- ~I~.~i_.~~-~ I~,,. 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A small family-owned business like The Family Table fits okay into our quiet residential neighborhood. However, a second or third business that will no doubt increase traffic and activity at all hours is of concern to me. I am not in support of granting a conditional use permit for catering to either of these businesses. 'Thank you for allowing me the opportunity to voice my opposition. Sincerely, / ~~`'l ~+ Sandy fIendershot ~~/ "l/c'f~a e ulit~t a Fast, Gi wit~i a ~utuYe" .~ .~~;~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~ _-~~-~ Telephone: 907-283-7535 /FAX: 907-283-3014 'III _ ~ ... - "~" 1992 tl~ecc~of KENAI, ALASKA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: February 1, 2006 SUBJECT: Motion to Reconsider - PZ06-01 Commissioner Eldridge has requested reconsideration of PZ06-01. Commissioner Eldridge must make a motion to reconsider the item. The motion must be seconded and passed. The Commission would then discuss the resolution as originally presented. If the Commission decides to make a motion to approve the motion would be made in consideration of the original resolution. Amendments could be made at that time. For the Commission's review attached are the following documents: 1. Commissioner's Eldridge's request for consideration. 2. The resolution as amended and approved by the Commission. 3. The packet information from 1/11/06. 4. A letter from Edward LeBon owner of 8525 Kenai Spur Highway. Letter received 2/1/06. ~~ ~ CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 25, 2006 - 7:00 P.M. CHAIR NELSON AMEN, PRESIDING MINUTES 6-a. PZ06-O1 - 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. (Postponed from 1/11/06.) VERBATIM (after public comment) Amen: Discussion, comments from the Commissioners? Go ahead Commissioner Bryson. Bryson: Ah, I would ah, move strongly toward deleting the Sungate Subdivision from the proposed rezone. Ah, another problem area has been ah, ah, Thompson Place. Ah, there are residences in... people developed residential and the area is zoned commercial right now. Ah, so they ah, they haven't been a... well there was one Conditional Use in that area.. . this past... I don't remember the exact situation... so I... I would ah, we have the Motion before us ah to approve? Amen: Ah, yes Sir we do? Bryson: I would make a Motion recommending removal of Sungate Subdivision from the proposed zoning. Amen: As an amendment? Bryson: Yeah, as an amendment. Amen: Okay. Eldridge: I think it's this... Amen: Ah, I'll... I'll be with... clarify that... Eldridge: Yeah, is that... is that... Amen: Is there some kind of a map sketch in front of us... Eldridge: Well I... I.. yeah, we got the one... ah, the Robin Drive ones, 500, 505, the Sand Piper Lane, ah, you know most of these already have residences built on them and then the ones off Eagle Rock Drive; they're all interior lots that face on... on the subdivision... Amen: Ah, before we get into discussion ah, Commissioner Eldridge, ah, go ahead an clarify the Motion please on the map if you would please maybe by ah, giving us a lot numbers, or whatever that you want to strike... Bryson: Ah, I ah, it's a little small for me but ah, your tract numbers I think that the Borough face map ah... 500, 505, ah, 615... ,, Amen: Basically from there on down Phil? Bryson: Yes Eldridge: Yes, Amen: Okay Eldridge: Right Bryson: ....across the highway ah, ah... 5168, I'm not sure... Amen: Yes Sir Bryson ... and south of that. Amen: Okay Bryson: It's the square ah.. . Amen: So basically it appears the name of that street is Shell Drive, perhaps? And there on down? Bryson: Shell Drive? Amen: Just... Bryson: Oh yes. Amen: Okay. Alright, thank you for defining your ah, amendment. Do we have a second? Eldridge: Ah, clarification? Amen: Ah, go ahead. Eldridge: Ah, you mentioned something about Thompson Park; I didn't know that we had any complaints about anything in Thompson Park. Bryson: Oh we have... Amen: Place. Eldridge: Place... Amen: Yeah Bryson: ..Thompson Place; ah... Eldridge: I didn't... know we had any feedback or... Bryson: Ah, they found out very much that the area was zoned commercial and then residential years ago... and every time we've had a proposal ah... to rezone that... in Thompson Park ah, they have testified ah whether they are present now I don't know. Amen: Do we have a second? Eldridge: Ah... eh.... Yeah, I'll second it as long as it... we're clarifying what we're talking about basically Shell Drive ah, south. Bryson: Yeah... Amen: That... that is the way ah, that it is described. Eldridge: Okay. Amen: Okay, the motion... ah, the amendment to the motion have been made and seconded, ah any further discussion? Any comments from staff on the amendment? Kebschull: No... I wanted... was just asking ah... (inaudible) from Shell Drive south (inaudible) Bryson: (inaudible) Amen: Ok, thank you for clarifying that. Bryson: Ah, I... to clarify my own motion, ah, the intent being to ah... de... Sungate Subdivison... Kebschull: Only the one side of the highway? Bryson: Yes. Eldridge: Okay. Amen: Okay, so ah... the ah, the 5168 and 5040 would stay intact? SIDE Aends -Begin SIDE B Amen: Okay. Bryson: ... they would remain rural residential. Amen: Remain as rural residential. Eldridge: Yeah, ok. Amen: Any other comments or questions? And we'll go ahead and take a vote on the Amendment. Roper: Twait? Twait: Yes Roper: Remain? Romain: Yes Roper: Amen? Amen: Yes Roper: Bryson? Bryson: Yes Roper: Chase? Chase: Yes Roper: and Eldridge? Eldridge: Yes Amen: Okay, the amendment passed. Now I would like to have some comments, questions or discussion from the Commissioners on the amended motion. Ah... I have one... Eldridge: Ah.... Amen: .... For staff, ah... procedurewise... ah, it looks like the ah, most ah... contentious part of this is the ah... the way the map is drawn and what lot to include and what lots are not included; ah, if we go through this evening and ah, this does not get approved, ah ,are we free to bring it up again ah... not within the next 90 days or something? Kebschull: Amen: Eldridge: Amen: Roper: Amen: Roper: Amen: Roper: Twait: Roper: Romain Roper: Amen: Roper: Bryson: Roper: Chase: Roper: Eldridge Roper: Amen: Amen: Nine months. Nine months before this can be considered again. Okay. Ah, go ahead Commissioner Eldridge. Ah, Mr. Chairman, I got... just for ah... some... (inaudible) some of the public, ah, the purpose of a Limited Commercial is to restrict it to something less than a commercial by limiting the size of the structure and requiring landscaping along all sides of the property.. . ah, so that you don't have a bunch of pavement or... or... ah... dirt or whatever but you do have landscaping coming along the Spur Highway. Ah, you can build residences on these, that is a permitted use of this but the size is limited, I believe to 3,000 feet so... ah... it's... it's a... something less than commercial but it's something that is a transition zone between... commercial and residential or... busy highways and residential. Thank you, anymore comments or questions from the Commissioners? Okay, call for vote? Okay, this is a vote on the main motion? As amended. 06-01... Right. As amended. Twait? Yes Romain? Yes Amen? No Bryson? Yes Chase? Yes and Eldridge? Yes 5 Yes, 1 No. Okay, Motion passees. Motion carries, ah, again anybody wishing to appeal ah this particular decision can do so in writing with the City Clerk within 15 days. Next agenda item.... END VERBATIM February 1, 2006 I would like to move to reconsider: 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. (Postponed from 1/11/06.) I believe the intent was to only exclude Sungate Park Subdivision from the limited commercial rezone and to include the two lots across the Kenai Spur Highway. ~~" CP,~ Barry Idridge ~~CE~VE 1 ~~~ . ~ ~ N`h OF KENe"; . -. -~~'~~~`''~~ CITY OF KENA1 . •- r.__° ~ PLANNING AND ZONING CO]VIMISSION RESOLUTION NO. PZO6-O1 e%«~~ o f KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUTNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: John Han~melman, 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_shell Dr. ~c 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 25, 2006. v~; , ~ ~, 7 ,~ -~ "_ / l 1 R~ '~ CHAIRPERSON: ~ ; ,, --rte '. ~~-; c~--r -~-ATTEST: 1 '; • •.,~, ~ .~~~~s~~ Limited commercial Rezone 220 590 5886 93 F, 5882 ~ 5919 587 z LL 5903 5E ~ 5887 ,~ ~ ~ 87 2 z ~~ 5839. N,o G ~ y 105 ~~ I 115 F- ~ 125 5765 Q 403 w Z F v z LL LL 56E '15 5 ~ 225 235 300 320 gend Limited commercial Rezone O~ ~~ G`N~ NoR~NQ~ 41 5370 1 \N~ OFt N~~qN ~uP ~-- 5263 ~ ` 4105 J W u= U Attachment A PZ06-01 Attachment A Limited Commercial Rezone C ' I '. ~ • 1 I i ~ i I €' lf~ '. V) Vl ~ ~ ': ~ ~ f! Vl y,i y ~ N y fR ~' fn ' ! C N Q, Qi ', I fn ~ to ' (~ U O Y '~,}' }. Z Z', N fL Qi, N ~ '. 0.) N' O11 U C);, 1 4i. 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O I I~iriOi ~~~ ~ iQ~ (~ N > '; I N!m~Nl a! >I rol m'I,C OI'C „t_,~LL'IJ jJ iJ IL lal mlY lT)'U~'"LLI~UJi j (C , U . ! 7 O ,,_J (u~u11 Ig;~j -~ cnlvi°~'~aioa;xs ~rll' as J,~I jc,c 0 °`~!ro ciui''O~O~v ~d'~Y lei Ui 1~ ~°I~.'L _ alp' ~~:._ ~M I~ ~~'~~~1~~~~~1 i ICI t o;rn o~.- ~o;ojoolo~o~olo~o 0 0 N N m r m s m r.- CITY OF KENAI PLANNING & ZONING COMMISSION PUBLIC HEARING NOTICE nnEETrN~ of January 11, 2006 Kenai City Council Chambers 210 Fidalgo Avenue January 11, 2006 @ 7 p.m. STAFF REPORT To: Planning & Zoning Commission Date: 12/28/05 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 buildingsl. 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 that 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 ,t } 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. Recommerid approval. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-01 2. Application with Attachments r yA/`. :,: tlrccityof CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. P7A6-Ol 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:_ Citv 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: t~~-` ~~ . ,, , .., ~'-_ ~ /. ~~ tlra clly o f ~~ KENAI. ALASKA "I/c'~~a e wit~i a Past, .9' 210 Fidalgo Avenue, Kenai, A Telephone: 907-283-7535 / F REZONING APPLICATION } ~,_"; ~ `' -~~~ ~ , ~ -~ -•. ~ John H M ammelman FN ~: ~ t ADDRESS 210 Fidalgo Avenue, Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION Parcels between Ross Street & North Fern Street as defined in Attachment A. PRESENT ZONE General Commercial (CG) & Rural Residential (RR) PROPOSED ZONE Limited Commercial (LC) 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 Zone. 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 • ,~ 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. ~~}/m ~ 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. Gi with a Fr~t~cre" ~~ DEC.~1,2085 1~02PM CI? ~F KENAI Rezoning Application N0.298 P.3i3 Page 2 3. ~~~:~~ A Public NotiFcation and I.learing is required before the issuance of this permit. A $105,00 non-refundable deposit/advec'tising and administrative services fee is required to cover these notification costs. Depending on the ~~~~,,,, rezone location, an ACf davit of Posting may also be required. ~~~~ ~~., A Proposed amendment to the zoning ordinance which is substantially tho same as any other proposed amendment submitted within the previous nine (9J months snd which was not Approved shall not be ronsidcrcd. Pe boner's Signatu CHAIRPERSON ATTEST REZON]'NG CHECKLIST: ~_ a. MAP r b. SIGNATi1RFS r ,~~ c. DEPOSIT/ADYERT1StNG l~fiE (SI05) .,,`,,,,., d. APPLICATION FORM OR LfiTTER _.,, e, AFFIDAVIT OF POSTING rerun-V7 Attachment A Limited Commercial Rezone PZ06-01 Limited Commercial Rezone Attachment A C N ~o .` E E U E J a I I i i l I l i j i I I I , ci i ~ f! l i ~ l i I I i i I I I I I I •€ I I i ~( l i i l I I I ~ l i i ~ l I I fA ~N N O! I O~y~~yl Nly I NIN tAi y! ~ 41N ~! ! >'i i} '}i IZI Z}!}Im d I ~ !m m ml Idl iZi I aim ~i I ~ I I! 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'l0l IE: EI 7I~ ~m '~I~I~'~'J ~~j !m ~ep~~ II I~ aj I ml°~I~y as °~iaE!p a81 a~J, C, I i SIS 00.E J jy~ jC-CI ~Iyj i~~°~'C I o ~+~ ~I°' I I°tf!m Ins ELI ~~ ~f~l!~I~I~~~I;~~ ~~~i~ii8j~~~ IN m d Q { ~.` ~- 'a6 ~~"~, ~EGE~VED ~~'~ ~~~~ 2 ~ n ~ ~ ~-, CIrtY ~>= E NNIN~ DEf~gR~~ ~~~ ~~- 9 9 6 ~ ~ ~ ~ z~ o,-,~.~,- ~g aszs ~.„~~ 5~ ~~ ~ ~ a ,ter ~ ~ -0~ -pun- y< ~A.,, ~.o- ~-~,.-~~ ~.e~.F-,:y .EG< s~z. _~ ~ ~ ~~~ ~ rJ~ 26b- 90 4s j-9U~- 373-79'ZI "I/c'lla e with a Aast, Gi with a Fu rare .9~ ~' `~~ ,r:~;~~"~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1~~~ --- -- Telephone: 907-283-7535 /FAX: 907-283-3014 (III `^_ - _ _~-- 1992 thecityaf KENAI~ SKA ^ ^ TO: Planning and Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: January 27, 2006 SUBJECT: Lease Application, Mark E. Lockwood d/b/a Kenai Self- Storage/Tract B, Gusty Subdivision No. 2 The City of Kenai has received a lease application for Tract B, Gusty Subdivision No. 2. Attached is a copy of the lease application and a memorandum from Kim Howard outlining the application and the process for approving the application. Kenai Municipal Code requires the Planning Commission to determine the following: Does the proposed use comply with the zoning ordinance? The parcel is zoned CG -General Commercial. The proposed use is to construct three steel buildings for warehouse/storage estimated value of $400,000. The Land Use Table identifies warehouses as Permitted with Footnote 9. Footnote 9 states, "Allowed as a conditional use, provided all applicable safety and fire regulations are met." After reviewing Ordinance No. 1766-97 and discussing the issue with the City Attorney, it appears that the Footnote is an editorial error because Footnote 9 and Permitted uses are mutually exclusive. The proposed use complies with the zoning ordinance. Does the proposed use comply with the Comprehensive Plan? The 2003 City of Kenai Comprehensive Plan designates the parcel as Conservation. The Comprehensive Plan defines the Conservation Land Use as, "The Conservation district applies to public lands whose primary use is open space, recreation, fish and wildlife habitat, drainage ways, floodplain, and wetlands. Some public improvements may be appropriate within appropriate design guidelines." The Lease Application -Tract B, Gusty Subdivision No. 2 Page 2 updated Comprehensive Plan recognized the need to review and revise the conservation zone standards and to rezone public lands surplus to Kenai's future development needs for conservation. The Plan also notes that, "Where appropriate, re-designate areas now zoned for conservation to conform to the expected use of the area, e.g. parts of the Kenai Municipal Airport and privately owned parcels now zoned for conservation." The City recognized the land did not appear to meet the guidelines for conservation and rezoned it to General Commercial. It appears that the proposed lease complies with City's Comprehensive Plan. • Does the proposed use comply with the Airport Master Plan? The 1997 "Kenai Municipal Airport Master Plan" land use identifies the parcel as conservation/vacant. The Airport Layout Plan (ALP) was last updated and approved by the FAA in September of 2004 and should be considered the most up-to-date information. The Airport Exhibit A map identifies the property as subdivided and available. The FAA released the land in 1986 for lease or sale for non-aviation purposes. The use, as noted above, complies with the Kenai Municipal Airport Master Plan. • Is the application complete? Ms. Howard has determined the lease application is complete. • Is the proposed used the highest and best use? The highest and best use is a theory used by appraisers when conducting appraisals. In the book, "Real Estate Valuation in Litigation" it is noted that, "Fundamental to the concept of value is the theory of highest, best and most profitable use....Highest and best use for land is the use that, at the time of appraisal is the most profitable likely use." In this case, there has not been an appraisal conducted. The appraiser would look at uses allowed by zoning to determine the "highest and best use." The proposed use, awarehouse/storage facility, with an estimated value of $400,000 is the likely use and appears to be the highest and best use at this time because there is no other proposed use. • Does the proposed use meet other goals set by the Commission or City Council? At this time, the Commission has not set goals for lease applications. Based on this information, it appears the proposed lease complies with the City's zoning ordinance, Comprehensive Plan, Airport Master Plan, and is the highest and best use for these parcels. ' J.D. Eaton, M.A.I., Real Estate Valuation in Litigation (American Institute of Real Estate Appraisers, 430 N. Michigan Avenue, Chicago, Illinois 60611, p. 62. "V'~~a e wit~r a Past, Gi wit~i a l~utuYe" .9' ~' a~ ~,~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 __ Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us \\ eti«rh' f // NENAI.ALASKA Memorandum Date: January 27, 2006 To: Planning and Zoning Commission For: February 8~ Meeting From: Kim Howard, Assistant to the City Manager RE: Lease Application, Mark E. Lockwood d/b/a Kenai Self- Storage/Tract B, Gusty Subdivision No. 2 Mark E. Lockwood d/b/a Kenai Self-Storage has submitted a lease application for the above referenced property. The property is located on the Spur Highway and is shown on the attached map. A 1986 Deed of Release from the FAA allows lease or sale of the property for non- aviation use. This property is not included in the Airport Reserve in the proposed Supplemental Planning Assessment. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. Mr. Lockwood is proposing a 55-year lease. There are two development phases. Phase I is to construct three steel buildings for warehouse/storage. The estimated value of improvements for Phase I is $400,000. The beginning date for the proposed construction is May 2006 and the proposed completion date is May 2007. Phase II will be to constnict a 7,200 sq. ft. office space. As outlined in KMC 21.10.030 (b)(5), the intended use must comply with the zoning ordinance and comprehensive plan of the City. KMC 21.10.060 (a) states the Commission "shall normally consider applications for specific lands on a first-come, first-served basis if the Commission finds that the application is complete and the use proposed 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." The recommendation of the commission will be forwarded to the Kenai City Council for lease application approval. Cc: Marls E. Lockwood Rebecca Cronkhite, Airport Manager Attachments FOR CITY USE 01~7LY Date ~f~"'~`-`~me . Dd~ Signature ~~,~ ~~~ CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant rn (~..~'~ ~ ~ , Loek~ dy Address ~.~ . ~®~ f ~~ . ~'1 ~~ ~ ~t~ "I ~tol l Business Name and Address enc~~ Self - ~~ Flccess did Telephone ~~ 5 "' ~ 7~ e Kenai Peninsula Borough Sales Tax No. (if applicable) ~,~,6~, State of Alaska Business License No. (if applicable) ~~.,,~ Legal Description ~i'~Q.C' ~ ~ ~ _ ~ 1..~5 ~ ~ ~ ~ ~ ~ ~ C~ . Purpose of Proposed Lease Term of Proposed Lease hou sc.; Desc ' tion of Proposed Developm nt (typ , constriction materials, size, etc.) (2~ - za ~ ~ y i 5c~ ~ s~eeJ 6 u o t d, ~,~ s _ T ~ezo~ ~ a~-. o~fi~~ 5~e - ~ha~e :~L Time Schedule for Proposed Development ~ ~Q,S~. 1- ~h~~ • Beginning Date ~ ~' • Completion Date (maximum of two years) ~ ZC~7 Estimated Value of Improvements $ ~-t~,~ ., ~ . APPLICANT'S SIGNATUR~"! ~ . --~ - ~~ Date: ~-zo ~c3 APPLICANT'S SIGNATURE: Date: 1 CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements • Areas to be cleared and method of disposal ~Q~F,S'iT~~ • Proposed gravel or paved areas • Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location ofsign(s) -sign permit required 9. Fencing -permit required if height is over 6' l0.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website ~DN-~ Sec ~~~CLI,C~ .~s`/~u~r~~y L~i~j ~ ~G S ~ ~~~~~~ ~~~~~ ~ ~~~F ~~~ ~~~ 5~,~ ~~y~ ~~~ ~~ ~/L.~ ~'¢' ~ /S http://www.alaska.faa. ov/airports. The site has a menu for forms. ~~'~~ 6~ CITY OF KENAI LEASE APPLICATION -CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. a y7 /lo D Da,, Zoning (O~x-c.%vC. ~,,s~,„,,,,., ~~ ~,~ Permits Required: • Conditional Use Permit ~~ • Landscape Review GI~.r • Building Permit ~j~„" • Sign Permit -~`~'- Assessments /t/o Insurance Limits Required 5~~~ ~ Q Construction must begin by Lyi~l in o2 y«,~ ~~,~ d) ~~~ Completion date for major construction ~ j~ ~.- ~t~~ ~~~ ~ ~ ~~ ~ ~~~ Planning Commission Approval By: Date of Approval: Chairman City Council Approval By: Date of Approval: City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE 3 ->.. ~ __ i _. _. _ . _ _ h A y ~ __ ~'~C3 X / 5G ~ '~ 3 000 ~ Z _. ~,~~~ aL .,, >._me .~.~.._. 3UCJfj 5~ .~ s ~ ,,~, 4 ~~ ,,~ (QC~C~t'3 s~ ~~ ~ '.~ o~SR -~~? a.n~ ~tib~ .~,. , ioQ AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 1, 2006 7:00 P.M. KENAI CITY COUNCII. CHAMBERS http: / /~y~v_ci kenai ak us ITEM A: CALL TO ORDER 1 • Pledge of Allegiance 2• Roll Call 3• Agenda Approval 4• Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1 • April Fulk -- Rezoning Ross Street to North Fern Street to Limited Commercial Zo e. ITEM C: UNSCHEDULED PUBLIC COMMENTS 3 ~ ~ ~~~ ~ ~~'~ ( minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS l • Ordinance No. 2136-2005 (As Amended) -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. ~~~~~~~~j a• Substitute Ordinance No. 2136-2 _ `~`~~=~-~~'G`• Four (4) Parcels of Land to The Co 00r5vation ~n~ { g Fem. Ma~.ket Value and Placing Certain Conditions on the Sale. [Clerk's Note: A motion to substitute is on the table (made prior to the approval of a motion to postpone the ordinance to the February 1, 2006 meeting. To substitute, a vote on the motion to substitute is required.) ~~~~ ~ 2. Resolution No. 2006-03 -- Ur Sustainable Revenue Sharin ~g the State of Alaska to provide for a Alaskan Communities. g~Communrty Dividend Progi-am for All ;tom . ~? ~~~~~ ~ 3. Resolution No. 2006-04 -- Directing the Continuation of the Project `~'~v /~~~~ Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. 4. *New Liquor License -- MITAK, LLC, d/b/a .406 Family Sports Cafe -- Beverage Dispensary Tourism. ITEM F: MINUTES 1. *Regular Meeting of January 18, 2006. 2. *Council Work Session Notes, January 13-14, 2006/City Manager Candidate Interviews. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS ~r~ 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 ~~7'D~GG~ 3. *Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the Time of Regularly Scheduled Council Meetings From 7:00 P.M. to a Time Set by Resolution of the City Council. ~~~~4. *Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for Excused Absences From Meetings of City of Kenai Commissions, Committees and Boards. ~r 5. *Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080 .yyi~j®~~.~G~-~ by Adding Sections That Provide for City Water and Sewer Charges Which are Due and Unpaid to Become Liens Against the Property Served. ~~',o~~~G~ 6. *Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which Issues May Be Appealed to the Board of Adjustment and Setting Forth Rules Regarding Who Has Standing to Bring Appeals. ~~„0~~/77. *Ordinance No. 2143.2006 -- Amending the Official Kenai Zoning Map by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split- Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic (TSH) Only. ~~''o~~. *Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code Land Use Table (KMC 14.22.010], Footnote 19 that Requires Some Conditional Uses in the Rural Residential-1 (RR1) and Suburban Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur Highway. ~~c~ 9• *Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Ma by Rezoning 40.85 Acres Located Along the Kenai S ur Hi P Mile 6 From Rural Residential (RR) and General Commerc ~ (CG) toAbout Limited Commercial (LC). ~i~"62'~~ 10• Approval -- City Manager Contract d~~~a,~,~/ 11. Approval -- Lease Application/Lounsbu of Lowe's HIW, Inc. -- Lots A-1 & A-2, Baron Park No16 es, Inc. on Behalf 12. Discussion -- Scheduling Board of Adjustment Hearin ~~ ` /~ °26a/o Planning & Zoning Commission Denial of an Ap lication/Appe~ of Conditional Use Permit for Cabin Rentals (Short-Term Rentals) and ~~ Guide Service for the Property Describe Heights Subdivision Part 5 (160 Richfield Drive),6KBnai, Alask~ah~a Application Submitted by Larry R. Carlson d/b/a L 160 Richfield Drive, Kenai, Alaska. Appeal Filed b ~'s Guide Service, Wendy J. Goodloe. Y arry R Carlson and ~~1~-- 13. Discussion -- Scheduling Bo~-d of Adjustment Hearing/Appe~ of Planning & Zonin Co °~~/ ~O/'~"''~ Between Shell Drive and Nosrth Fern Street f om Ruroal P~cels Located General Commercial to Limited Commercial. Applicationesubmit ed by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Appeal Filed by Heath and April Fttl.k. ITEM I: COMMISSION/COMMITTEE REPORTS 1 • Council on Aging 2• Airport Commission 3• Harbor Commission 4• Iabrary Commission 5• Parks & Recreation Commission 6• ~an~g & Zoning Commission ~• 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 ~yOR 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 ~~~~ ~ - -_~ ~~ tl~ecityof ~~ KEHAI~ SKA January 19, 2006 John Hammelman 4570 Kenaitze Court Kenai, AK 99611 "VY~a9e wit~i a Past, Gift' wit6r a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us RE: PLANMNG 8s ZOMNG COMMISSION City of Kenai Dear John, At its regular meeting of January 18, 2006, the Kenai City Council noted your decision to resign from the Planning 8v Zoning Commission. It is with regret your resignation was accepted. Upon your departure from the Commission, the Kenai City Council and City Administration thanks you. The time and effort you contributed to the City during your time on the Commission is an example of a dedicated citizen working for a better tomorrow for the City of Kenai. We look forward to when you are able to consider an appointment in the future. Again, thank you for your dedication to the City of Kenai! 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O o~ . ~ ., a~ > y ° o co ~+ ° ~ a~ a~ Z •~ w ~ ..~ b ~ ,~ ~ ~ I a, ^' N H ~ a°~i ~ ~ w a~ • ~, a~ •~ a~ 3 0 ., ~ a~ o ~ ~ cG ~ 00 •~ a~ ~ ~ W ~ a ~ ~ ~ ~ o ~ ~ oyi o°'i ~ C w , O a °~ y y °~ ~ 3 ~ o U .a w ..~ ~ A o ~ o .a o .r o' a ~ ~ > ~ U V U o 3 a. ~ ~ GA 0 a n m _~ ~~~;~_ --=__ -, -_- -= - the cc'ty o f ~~ KENAI~ SKA February 2, 2006 James R. Jenckes Planning & Zoning Commission 616 Maple Drive Kenai, AK 99611 m~ I~G ~~I/cY(a9e witti a Past, Gi~ wit~t a Future~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us RE: APPOINTMENT - PLANMNG 8z ZOMNG COMMISSION City of Kenai At its regular meeting of February 1, 2006, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 3. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and work sessions. 4. "Open Meetings Act" memorandum. 5. 8/27/03 C.R. Graves memorandum entitled, Commission and Committee Powers. 6. KMC Chapter 14.05 entitled, "Planning & Zoning Commission." 7. KMC Title 14 entitled, "Planning & Zoning." 8. City of Kenai Comprehensive Plan. 9. Alaska Planning Commission Handbook. The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. in the Council Chambers. Meeting agendas and packets will be mailed to you prior to each meeting. The packet for the February 8, 2006 Planning & Zoning Commission meeting is enclosed. Also enclosed is a 2006 Public Official Financial Disclosure Statement and Instruction Manual. You are required to complete the Statement and return it to me within 30 days (March 3, 2006). If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI C~~%~ - Carol L. Freas City Clerk clf Enclosures iz.~ PLANNING d6 ZONING COMMI88ION Meets Second and Fourth Wednesday - 7:00 p.m. Kenai City Council Chambers Commissioa Member Name and Address Home Phoae Business Phoae Email Address Term Eads *Nelson Amen 283-6085 776-8191 namen(cr)tesoronetroleum.com 2009 P.O. Box 357 Kenai AK 99611 Lori Chase 283-7790 252-1990 inf a,mclennanhouse.com 2007 601 Davidson Street Kenai, AK 99611 **Phil Bryson P.O. Box 1041 Kenai AK 99611 283-4428 283-4672 2007 Scott Romain 425 Rogers Road Kenai, AK 99611 283-6174 262-8866, x35 (p) 262-8853 (~ scottCnzedoubtrealty.com 2008 James R. Jenckes 616 Maple Drive Kenai, AK 99611 283-5244 776-3865 (p) 776-3863 (f) iriencks~~gmail.com 2008 Jeff'It~vait 1808 Julie Anna Drive Kenai, AK 99611 283-3919 262-2493 jtwaitn~ci.net 2009 Barry Eldridge 283-7152 lrid~ebbc(~,ptialaska.net 2009 2679 Bowpicker Lane Kenai AK 99611 283-7152 (fl Council Member Rick Ross 1505 Kittiwake Court Kenai AK 99611 2838497 rossrck(~hotmail.com Council Member Cliff Massie 4575 Kenaitze Court Kenai AK 99611 283-4457 abcl(r,~, ci.net *Chair **Vice Chair (2 / 1 / 2006)