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HomeMy WebLinkAbout2006-05-24 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI SENIOR CENTER May 24, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 10, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-37 -Preliminary Plat -Thompson Park -Meyers Replat No. 2 -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZOS-29 - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW '/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Temporary permit issued June 8, 2005 for one year. Permit scheduled for review and determination if permit should be extended. b. *PZ06-35 - An application for a home occupation permit for a quilting business for the property known as Lot 1, Block H Woodland Subdivision Part #1 (104 Beech Avenue), Kenai, Alaska. Application submitted by Larry & Tona Bravo, 104 Beech Avenue, Kenai, Alaska. 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. REPORTS: a. City Council b. Borough Planning c. Administration Agenda May 24, 2006 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. PZ06-36 Landscape/Site Plan (McCartan) b. State Patent ATS 272 (Tideland Leases) c. Zoning Bulletin (5/10/06) d. Work Session scheduled for 6/14/06 12. COMMISSION COMMENTS & QUESTIONS: Page 2 13. ADJOURNMENT: a4 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 10, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *Apri126, 2006 3. SCHEDULED PUBLIC COMMENT: a. Mary Toll, Kenai Peninsula Borough Platting Officer -Borough Platting Procedure. 4. CONSIDERATION OF PLATS: a. PZ06-33 -Preliminary Plat -Original Kenai Townsite - Vozar Addition -Plat submitted by Terry Eastham, PO Box 2891, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ06-32 An application for an encroachment permit for front yard setbacks for the property known as Lot 6, Keith Subdivision (504 McCollum Drive), Kenai, Alaska. Application submitted by Paul L. Quade, 506 Japonski, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Consent to Assignment of Lease -Geneva Stasek to Wendy McGahan, Lynne Dykema and Gwen Woodard d/b/a Kenai Fabric Center, Inc.- Lots 2 & 3, Block 5 General Aviation Apron Subdivision No. 1 Amended -Discussion and Recommendation. b. Renewal of six shore fishery leases -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. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Zoning Bulletin (4/10/06 & 4/25/06) b. Planning Commission Roster 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 10, 2006 - ?:00 P.M. CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Eldridge called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: S. Romain, B. Eldridge, P. Bryson, R. Fullinck, L. McLennan Commissioners absent: J. Jenckes, J. Twait Others present: Council Member Molloy, City Engineer LaShot, Building Official Springer, City Planner Kebschull, Department Assistant Carver, and Contract Secretary Roper A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner McLennan SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 26, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3-a. Mary Toll, Kenai Peninsula Borough Platting Officer -Borough Platting Procedure. Ms. Toll provided the Commission with the Borough's Subdivision Guide, maps of the City, gave a brief overview of the Borough's platting procedures, and answered questions from the Commission. ITEM 4: CONSIDERATION OF PLATS 4-a. P206-33 -Preliminary Plat -Original Kenai Townsite - Vozar Addition - Plat submitted by Terry Eastham, PO Box 2891, Soldotna, Alaska. Commissioner Bryson advised he would abstain from voting related to PZ06-33 due to a conflict at the Borough level. MOTION: Commissioner Romain MOVED for approval of PZ06-33, preliminary plat for Original Kenai Townsite/Vozar Addition. Commissioner McLennan SECONDED the motion. City Planner Kebschull reported the following: • The plat would remove a lot line to create one large parcel containing approximately 14,520 square feet. • The resulting lot size would meet the requirements for the TSH -Historic Townsite zone. • No permanent structures may be built on the right-of--way. • The Planning & Zoning Commission reviews all developments in the Townsite Historic District. Water and sewer is available to serve the parcel. Staff recommends approval. It was noted the removal of the lot line would allow more room for development. Also, it is likely the issue would be before Commission at least two more times because, if there is development, a public hearing will be required to amend the existing conditional use permit and the development will need to be reviewed and approved by the Commission. VOTE: Jenckes Absent Romain Yes Eldrid e Yes B son Abstain ~xllinck Yes McLennan Yes Twait Absent MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PLANNING 8v ZONING COMMISSION MEETING MAY 10, 2006 PAGE 2 5-a. P206-32 -- An application for an encroachment permit for front yard setbacks for the property known as Lot 6, Keith Subdivision (504 McCollum Drive), Kenai, Alaska. Application submitted by Paul L. Quade, 506 Japonski, Kenai, Alaska. MOTION: Commissioner McLennan MOVED for approval of PZ06-32 and Commissioner Fullinck SECONDED the motion. City Planner Kebschull reported the following: • The applicant is applying for the encroachment permit so a final inspection and certificate of occupancy may be issued for the residence. • The house is built in the setback and meets the definition of an encroachment. • The structure does not encroach upon aright-of--way or utility easement. • The type of structure is permitted in the Rural Residential 1 zone. • The house is two feet into the 25-foot required front setback. • The subdivision plat may have contributed to the building placement. It is not consistent with the Kenai Municipal Code. • Staff recommends approval. There were no public or Commission comments. VOTE: Jenckes Absent Romain Yes Eldrid e Yes B son Yes Fullinck Yes McLennan Yes Twait Absent MOTION PASSED UNANIMOUSLY. Eldridge explained the appeal process and noted it must be submitted in writing to the City Clerk within 15 days. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion and Recommendation -- Consent to Assignment of Lease - Geneva Stasek to Wendy McGahan, Lynne Dykema and Gwen Woodard d/b/a Kenai Fabric Center, Inc.- Lots 2 & 3, Block 5 General Aviation Apron Subdivision No. 1 Amended. Kebschull reported the following: • The request will be reviewed as a lease. PLANNING & ZONING COMMISSION MEETING MAY 10, 2006 PAGE 3 • The current use is considered a Retail Business and is a permitted use in the Light Industrial zone. • The zoning ordinance considers setbacks and in this zone, setbacks are based on building code. • When this building was constructed it was built over a lot line and straddles the lots. • This is considered anon-conforming structure. The building cannot be enlarged without removing the lot line. • Because the Airport Industrial Land Use has not been implemented and the proposed use meets the zoning, it appears the proposed lease complies with the City's Comprehensive Plan. • It appears the current business does not comply with the 1997 Kenai Municipal Airport Master Plan even though the business existed prior to 1997. • The current use appears to be the highest and best use at this time because there is no other proposed use. Richard Dykema, Kenai, Alaska -- Explained the consent to assignment lease was for estate planning purposes and he was available to answer any questions. MOTION: Commissioner Bryson MOVED to recommend approval of the Consent of Assignment of Lease and Commissioner Ftiillinck SECONDED the motion. VOTE: Jenckes Absent Romain Yes Eldrid e Yes B son Yes F~,illinck Yes McLennan Yes Twait Absent MOTION PASSED UNANIMOUSLY. 7-b. Discussion and Recommendation -- Renewal of six shore fishery leases. Kebschull drew attention to the memo in the packet from Kim Howard regarding the six shore fishery leases due to expire on June 30, 2006. Jim Butler, Kenai, Alaska -- Explained he is a leaseholder and provided a brief overview of the leases and how they differ from those of the State. MOTION: Commissioner Romain MOVED to recommend approval of the renewal of the six shore fishery leases. Commissioner Fullinck SECONDED the motion. PLANNING & ZONING COMMISSION MEETING MAY 10, 2006 PAGE 4 Eldridge asked if the intent of the motion was to renew the leases under the current conditions, i.e. $300/year for aten-year lease. The maker and second of the motion indicated that was the intent. VOTE: Jenckes Absent Romain Yes Eldrid e Yes B son Yes Fullinck Yes McLennan Yes Twait Absent MOTION PASSED UNANIMOUSLY. 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 8v Zoning ITEM 9: REPORTS 9-a. City Council -- Council Member Molloy reported the May 17~ City Council meeting will be held at the Senior Center. He indicated the budget would be introduced at this meeting and the public hearing will be held on June 7. Molloy thanked the Commission for their hard work. 19-b. Borough Planning -- Commissioner Bryson provided a brief report on action taken at the Borough's May 8, 2006 meeting. 9-c. Administration -- City Planner Kebschull reported the following: • The May 24+~ Commission meeting will be held at the Senior Center. • The Mixed Use Zone work session will be scheduled for the first meeting in June. ITEM I0: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Zoning Bulletin (4/ 10/06 and 4/25/06) 11-b. Planning Commission Roster ITEM 12: COMMISSION COMMENTS & QUESTIONS Eldridge requested site plans for current projects be made available for the Commission. Kebschull indicated they would be included as information items. ITEM 13: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING MAY 10, 2006 PAGE 5 MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:05 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING 8s ZONING COMMISSION MEETING MAY 10, 2006 PAGE 6 ~{G STAFF REPORT To: Planning & Zoning Commission Date: May 17, 2006 Res: PZ06-37 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Thompson Park -Meyers Replat No. 2 Legal Description: Resubdivision of Lots 4 & 5, Block 6 Thompson Park Addition No. 2 Street Address: 3840 & 3850 Wildrose Avenue KPB Parcel No.: 04928005 & 04928004 Existing Zoning: RR -Rural Residential Current Land Use: Vacant/Residential Land Use Plan: Rural Residential ANALYSIS Plat removes lot line to create one large parcel from two parcels resulting in Lot 4A. 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 5. Plat should verify no encroachments exist. City En ig Weer: Review note #2 concerning wastewater disposal -City services are available. Building Official: Location of existing structures should be noted. RECOMMENDATIONS Recommend approval with the following recommendations: a. Correct street name from Spruce Street to Wildrose Avenue. b. Verify no encroachments exist. a Correct Note #2 -served by City water and sewer. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS 1. Resolution No. PZ06-37 2. Preliminary Plat -v,~;~~~. _ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-37 tlreutyof SUBDIVISION PLAT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDNISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Thompson Park -Meyers Replat No. 2 was referred to the City of Kenai Planning and Zoning Commission on Mav 24, 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 Spruce Street to Wildrose Avenue. b. Verify no encroachments exist. a Correct Note #2 -served by City water and sewer. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES Thompson Park - Mevers Replat No. 2 SUBJECT TO ANY NEGATNE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, Mav 24, 2006. CHAIRPERSON: ATTEST: ... R' n ~ ~p~1Q i z r~ n 3iN~~ ~ fi ur8, a u, Ws ~ ~ ~ ~ 4.Z ~ -~ a ~~ a>~ € ~ ~a ' ~ W Z b~~s ~ ° -~ 5 t ~° ? $g . ~ - ~ ~ a=off ~ I ~ ~ p. ~ a m sx ~ Y ~~ ~ ~ ~~ o a ~~ ~ n ~ '1~~ (~~ Q L v i~ x~. Y ~ O ~~LLa Q~ ~~ Q T ~o e~ 3 ~ ~ _ Q m ~ ~ 9x n ~ ~ ~ m~ n U C ~~ o ~^ ~ m ~ F ~ L '. 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Goodloe 262-1815 d/b/a Larry's Guide Service 160 Richfield Drive Kenai, AK 99611 Requested Action: Conditional Use Permit -Cabin Rentals & Guide Service Legal Description: Lot 6, Block 6, Valhalla Heights Subdivision Part 5 Street Address: 160 Richfield Drive KPB Parcel No.: 04932022 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: Rural Residential ANALYSIS General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 0634 Comment.doc Page 2 Applicants are applying for a Conditional Use Permit for cabin rentals (short-term rentals). "Cabin rentals" means the renting out of one or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. Applicants operate a guide business and would like to rent lodging to their clients for periods of less than 30 days. This property is located in the Rural Residential zone and cabin rentals require a Conditional Use Permit in this zone. Applicants applied for a permit in December 2005. The previous application also listed a request to operate their guiding business from this location. The Planning and Zoning Commission held a public hearing on January 11, 2006. Four individuals spoke at the hearing. Four commissioners present at the hearing voted unanimously to deny the request. A copy of the original application, staff comments, and an excerpt of the minutes from January 1 lth are attached. On January 23, 2006, the applicants filed an appeal of the Planning Commission's decision. The Kenai Board of Adjustment held an appeal hearing on February 16, 2006. Six members of the public spoke at the appeal hearing. On March 16, 2006, the Board of Adjustment issued their decision and denied the appeal. A copy of the applicant's appeal, minutes from the Board of Adjustment hearing and the Board of Adjustment's Decision are attached. Kenai Municipal Code does not restrict an applicant from reapplying for a Conditional Use Permit that has previously been denied. The applicant has provided information with the current application addressing concerns voiced at the two hearings previously held. To issue the permit, the Commission must determine the following: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The property is zoned RR -Rural Residential. The intent of the zone is, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. " The use will not increase the density in the zone. The applicants intend to rent the residence to clients on a weekly basis noting that the rental would be limited to one family or group. Applicant noted this is a 3-bedroom residence and rental would be limited to that size group. During the two previous public hearings, neighbors testified that guests had created disturbances in the area, that boats being towed down the road had awakened them, and that garbage had been strewn around. The applicant, Ms. Goodloe, testified that they did not stay at the residence when rented to 0634 Comment.doc Page 3 guests. During the current application process, Ms. Goodloe noted that she has never received a complaint from any of the neighbors and her first knowledge of these issues was during the public hearings. The applicants have admitted that they have owned the residence since 1998 and used it as a short-term rental since they purchased the home. Applicants have stated they were unaware of the requirement for a Conditional Use Permit until notified in September of 2005. Ms. Goodloe believes the complaint regarding their business was in retribution for complaints she had made to the City about a neighbor's dog. A check with the Kenai Police Department on May 3, 2006, shows that the only complaints on record with the Department regarding 160 Richfield Drive were relating to dogs barking/chasing moose. One complaint was received in 2001 and a second in 2003. Lt. Wannamaker noted that Ms. Goodloe was the complainant both times. In addition to these reports, the Animal Control Officer had two complaints reported, one on September 7, 2005 and one on September 8, 2005. Both reported by Ms. Goodloe. The report of the business being operated was received on September 8, 2005. Ms. Goodloe advises that she is the caretaker for the residence and even though she isn't there overnight with the guests, she maintains the home. She is there daily to check her mail, maintains the yard, and cleans the residence. She has never found any trash strewn around. The applicants' further address concerns in the letter attached to their application dated April 30, 2006. Considering the testimony of neighbors at the previous hearings, the information provided from the applicants, the lack of any documented complaints at the police department, and that the business has operated from this location for over 8 years, it is difficult to determine that the proposed use does not meet the integrity of the Rural Residential zone. • The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property and neighborhood should not be significantly impaired by the proposed use as long as the rental follows guidelines that limit the use to those normal to a residential neighborhood. In addition, there are four similar Conditional Use Permits in this subdivision and no adverse impacts from these permits have been noted. Applicants have provided a letter from Adeena Wilcox, of Stenga Real Estate. Ms. Wilcox is an Associate Broker and Certified Residential Specialist. Ms. Wilcox notes that in her professional opinion that, "the home adds to the value of most of other homes in the area. The subdivision consists of mainly average mobile homes, homes with deferred maintenance and there are several lots that appear to have abandoned vehicles on them. " 0634 Comment.doc Page 4 The applicants have provided pictures of their home as well as neighborhood lots and homes. These photographs provide documentation of Ms. Wilcox's description of the neighborhood. It does not appear that the proposed use will devalue the neighboring properties. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this parcel as Rural Residential in the Land Use Plan. "The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home-based businesses may be accommodated within certain design guidelines. " Based on testimony from neighbors and the applicant's testimony at previous hearings that they are not present at the residence when it is rented, it is questionable whether the proposed use is in harmony with the Comprehensive Plan. However, because there are four other similar uses in this neighborhood and the residence has been used in this capacity for the past eight years, it appears the proposed cabin rentals, on a limited basis, may be in harmony with the residential integrity of the zone. • Public services and facilities are adequate to serve the proposed use. The proposed rental requires no additional services. The residence is served with on-site water and sewer and the road is sufficient to meet the traffic for the rental. Public services are sufficient to serve the proposed use. • The proposed use will not be harmful to the public safety, health or welfare. During the public hearings, neighbors testified that there was loud partying at the residence, campfires, fish carcasses and waste dumped in the area and trash strewn around and cars parked on the road. The applicant disputed these claims. With this application, the applicant has addressed several of these issues in the letter dated April 30, 2006. The applicant has also supplied copies of two notices that will be posted in the house. The first, "Wildlife Conservation Community Program " with information from State of Alaska Department of Fish & Game relating to bears. The second is identified as "house rules. " Also provided is a copy of the applicant's agreement for a secure trash dumpster for the residence. The applicants have also provided copies of three letters. A letter from Ms. Connie R. Hamlin notes, "the property has always been beautifully maintained. " A letter from Mr. Chuck Thomas, states, "...I 0634 Comment.doc Page 5 have never known Larry Carlson to park his Kenai River boat anywhere other than these two designated areas in Poachers Cove. " And, "They clean, process, and box for shipping all fish at their Poachers Cove location only. " The last letter is from Ms. Helene Herndon stating that since 2003 the applicants have stayed at their RV park during the month of August. It is assumed this is provided to show that the home is not used in August. As previously stated, the Kenai Police Department, has no record of complaints of the types of activities described during the public testimony. The applicant, Ms. Goode, notes during the current application that even though she is not at the residence overnight, she is there periodically throughout the day to maintain the residence and pickup mail and supplies for the business. It appears that the applicants' awareness of the neighborhood concerns, the locking trash receptacle, the house rules, and sufficient off-street parking, that the neighbors concerns are being addressed. Due to the longevity of the rental business (even though it operated without the required zoning permit) and the lack of documentation of the neighbor's complaints, it appears the proposed use would not be harmful to the public safety, health or welfare of the area. • Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The applicant has supplied a list of house rules that address many of the concerns noted by residents during two previous public hearings. The Commission may wish to place additional requirements on the operation. City Engineer: Same comments as previous application regarding adequate parking, snow storage, and assurance of compliance with ADEC regulations regarding on-site water supply and wastewater disposal. Building Official: No building code requirements will be compromised by approval. RECOMMENDATIONS This residence is located in a rural residential zone. The applicant is applying for a Conditional Use Permit for cabin rentals (short-term rentals) to be operated from a residence located at 160 Richfield Drive. The home would be rented to the applicants' clients from their fishing guide business. The home is asingle-family, 3-bedroom 0634 Comment.doc Page 6 dwelling. There is sufficient off-street parking for the proposed uses. There are four other similar permits operated from this neighborhood. This is the second application for this property. The first application was heard by the Commission in January 2006 and denied. The applicants appealed the decision and the appeal was denied. Kenai Municipal Code does not restrict an applicant for reapplying for a permit. Public testimony was presented during two hearings, one at the Planning Commission public hearing and one at the Board of Adjustment hearing. Neighbors listed concerns about noise, traffic, trash, etc. (See copies of the minutes of these meetings.) The applicant has stated that they were unaware there were concerns. The Kenai Police Department has not received complaints about these activities. Since 1998 four other Conditional Use Permits have operated in this subdivision for short-term rentals/guiding businesses. The City has not received complaints regarding these permits. This application presents an unusual situation for the Planning & Zoning Commission in that it is not typical for an applicant to reapply for a permit that has been denied and denied on appeal. The applicants have removed the guide service from the current application. The applicants have admitted to operating the business without the required zoning permits from this location since 1998. The applicants were unaware of the neighbors concerns prior to the public hearing held during the previous application process. The applicants dispute the neighbors' testimony but have taken steps to address the concerns. Due to the conflicting information received during the public hearings, it may be appropriate to issue a temporary permit to determine if the business adversely affects the neighboring properties. Recommend approval with the following requirements: 1. Issue the permit for one season (May through August) and review the permit at the end of the temporary period. At that time any complaints can be reviewed and the Commission can decide if a permanent permit should be issued. 2. Submit a State of Alaska Business License & compliance with the Kenai Peninsula Borough's sales and property tax requirements. 3. Provide proof that a fire inspection has been conducted and the residence meets the fire code requirements for said use. 4. Provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. (Copy provided with application.) 0634 Comment.doc Page 7 Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution PZ06-34 2. Application With Attachments a. Letter From Applicants dated 4/30/06 b. Pictures (Original pictures will be available at the public hearing.) c. Letter from Adeena Wilcox dated 4/24/06 d. Wildlife Conservation Community Program e. Welcome to Our Home -House Rules f. Alaska Waste Contract for Service g. Letter from Connie Hamlin dated 5/1/06 h. Letter from Chuck Thomas dated 4/30/06 i. Letter from Stoney Creek RV Park dated 4/21/06 3. Application PZ06-02, Staff Comments, Excerpts of P&Z Minutes of 1/11/06 4. Appeal to Board of Adjustment dated 1/21/06, Board of Adjustment Minutes of February 16, 2006, Board of Adjustment decision dated 3/16/06 -<z ~'~ ~, CITY OF KENAI ~' PLANNING AND ZONING COMMISSION --~ `~ RESOLUTION NO. P7A6-34 the cityuf CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Larrv R. Carlson & Wendv J. Goodloe d/b/a Larrv's Guide Service USE Cabin Rentals (Short-term Rental) LOCATED 160 Richfield Drive -Lot 6, Block 6, Valhalla Heights SD, Part 5 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04932022 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 2, 2006 2. This request is on land zoned: RR -Rural Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 24, 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 CABIN RENTALS MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 24, 2006. CHAIRPERSON: ATTEST: 0634 Res.doc ADDITIONAL REQUIREMENTS: Page 2 1. Permit temporary for one season (May through August) and will be reviewed at the end of the temporary period. 2. Submit a State of Alaska Business License & compliance with the Kenai Peninsula Borough's sales and property tax requirements. 3. Provide proof that a fire inspection has been conducted and the residence meets the fire code requirements for said use. 4. Provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. (Copy provided with application.) ~.~ A CITY OF Z10 Fi0ALG0 AVE.. StNTTe 200 KENA1, ALASKA TELEPNOIYE 80T-76$-T53.i FAX 907 2833014 CONDITIONAL USE PERMIT APPLICATION ~y~ , Y~ ~~ 4 .nn Date: ~~Gy Z Z UO b T Applicant's Name: L~. ~~ ~ ~ v IsoN ~Qpa ~ ~~4~~-Phone: 0 ~-l~!'~- 1 g ~ S ..- ~ ., Business Name: !.~ ~ V" ~ ~ V yl C~ J (~ Mailing Address: ~ ~0 7~ ~ 1 ~ ~~ T~l e ~ C~ „JV 1 U 2 Street Address: 1 ~ o ~ ~ ~, (,~ ~ e ~ ~ ~ ~ \ v -~ ~ l ~ Z3 ~ ~ C ~'~ 4 ~C~ ,l J~ ~ V Q (Where permit will be operated from.) Legal Description of Property: t-.. ~ ~ ~ ~~ ~ H(;~ ~~ Kenai Peninsula Borough Parcel No.: ~' >~( j 3~ t`,~„~ City of Kenai Zoning: ~ ~ , Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. 5~o~fi ~-~ i2.w~. ~ b i n ~~e ~,~~ I s , .~ 1 ~ ~~ ~~ C~~aC~.e~ ~~~v tnn-~ fii©>~ ******** 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 boa that applies and attach the necessary information to this application.) I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. **~***~* I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. ~] The proposed use is in harmony with the Comprehensive Plan. [~ Public services and facilities are adequate to serve the proposed use. (~ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ,Z 0. Larry R Carlson April 30, 2006 Wendy J Goodloe DBA Larrys Guide Service 160 Richfield Drive Kenai, Alaska 99611 907 262-1815 Mr. Carlson and I aze applying to the City of Kenai for a conditional use permit to do short term lodging from our residence at 160 Richfield Drive, Kenai, Alaska. Mr. Carlson and I have lived and worked in the charter fishing industry on the Kenai Peninsula for 23 years. Our small fishing guide service accounts for 100 percent of our families income. With fishing season in Alaska being short and unpredictable any disruptions to the services we offer to our guests will be devastating not only financially but hazm our business. Specifically our use of a conditional use permit at vur residence would consist of one small party in one vehicle staying at our home for several days to a week during the summer fishing season. On rare occasion there may be two vehicles. This will-not be a multi party rental. Our guests are mostly repeat and referrals as we have been in the business for nearly thirty years. There will be no signs on the property in order to keep the residential atmosphere intact. In response to the concerns of a few neighbors, Mr. Carlson and I would like to state the following facts. Safety We operate a very professional charter service with the majority of our business coming from repeat clients and referrals. We are very involved professionally and personally with most of our clients over the many yeazs we have been in the industry. We have no concerns of the quality of guests we would invite into our home and our neighborhood. It is our responsibility to ensure to the neighborhood to ensure we would never knowingly invite persons to our home that would in any way threaten the safety of anyone. Property Maintenance As the owner of the property I am responsible for the maintenance and upkeep. We take pride in our home and strive to keep a neat and clean appeazance. During the summer months my assistant or myself maintain the lawn, etc as needed. We receive all of our personal and business mail, which is retrieved each day. There aze daily trips to check the property and do any necessary cleaning inside and out. Most of our business supplies are stored in the garage necessitating frequent trips to the house at all hours of the day including evening hours. Our fish camp is located approximately 5 miles away, only a 10 minute drive. Our presence in this capacity has been more than adequate to know the activities of our guests on a daily basis. Parking The driveway is more than adequate to park several vehicles neaz the house. There is no increase in traffic on Richfield, actually should be less as were are seasonal. Other than for reasons such as plowing the driveway there is no on street parking. Fires, Noise. There is no fire pit of any kind on our property. We do not allow outside burning of any kind. There is a bazbeque, propane outside. There is no fireplace or wood stove in the home. We would have no logical reason to steal firewood from atryone. We have had a landline .phone in the home since May of 1998 with ACS. There is a television and small radio in the home that would be impossible to be heard three or four hundred yards away. Our personal vehicles or a clients rental car could not disturb a neighbor starting in the morning several lots away with all of the timbered lots between our property and theirs. Bears Larry Lewis of Alaska Department of Fish and Game stated to me recently there have been no fish carcasses on any residential lot in Valhalla Heights Subdivision. All of the bear problems years ago were related to the dumping of carcasses on the sand roads near the highway. Since the City of Kenai posted warning signs the problem has ceased. Mr. Carlson and I have resided at 160 Richfield Drive since the purchase in May of 1998. We are not aware of a single complaint against us or any friend or guest staying at our home. Please find enclosed supporting documents. Thank you for you assistance. _~~~,/, _ e ' ~-~--~ r ~~_~~ Wend G odloe Larry R Cazlson Larry's Guide Service. Z6 r' ~ t' i ,2 Q '', r S .~''` r i j'_ ~~- r`b CsCJ `~ :". ~ '~: ;. °~ 6" G ~'. ~ -. 6~ r. S i ~i ro ~. ~,., r ~.i ~l ~i .~, r N CC1 N r j m ~+ ~' c° ~' 1 ,~ °~ ~_~ ~-, .,; ..G -~, ~ ~? ;' (' _-. '~f /`~ r ~, rn C r-; i c~ ~~ ~d ~`-, ~.. c~..._. 2 a a .,~ ~_" ~~ I L> -~r-~ C~ ~ ' _r~,,~ s~ ~~ _~ s ~--. >~ ~# c Ci ~~ .- c ;~ , G 'F' fi --r- ~-' S' ~J ~:./ ~ f"1 ~`~ _~ n~ ~ {~ ~J c hd S¢ -yob _ Y. c. ~1.t~V j ~~vt F ~~'~~_ ~~ ~ f , Y v+ # ~ r, x . u ~„, ` ~ ~, 4 ~~ t ~ ~ +\ ~~^g''g ~ ' ?~ ti i' ~`}~~' "fix .. ti ~. r~' Mme:. X4 't'.'~*' .3 n ,~.,. _ .tr :,~:.: ~r ~', , ~~ r, '"~ c r ~/~ 1.-1... ,~ C/1 5~ ,~ , r~ ~i~ :~ _~- ' jam; 7 _~ ~~ C ^r rry '~ /~ ! ~~ f ~ P+ ti ~ 'ri ~}{ ~ t j v.. ti sF f. 'f ~ - _ 9 aN ,.~y, rr-~:S.~ ~, Y ~ ~ y..~ 4 )~~ 9h ~_: ~...+~ ^p 9 r'G ~i' c~ ~• g ~; ~~ ~, D G, tyu ~ ~~ ~ '~3 P ~ 3"" k C April 24, 2006 To Whom It May Concern: RE: 160 N. Richfield, Kenai Alaska I have been contacted by Larry Carlson and Wendy Goodloe with regard to the effects of having their home rented during the summer. After touring the subdivision it is in my opinion that the Cazlson/Goodloe home adds value to most of the other homes in the azea. The subdivision consists of mainly average mobile homes, homes with deferred maintenance and there are several lots that appeaz to have abandoned vehicles on them, There is also a business being run from a mobile home just down the street from the subject property with a very large sale sign posted. The Carlson/Goodloe property sits back offthe road and they also own the adjoining lot. Whether they were to rent by the day, week, month or for the entire summer it is in my opinion that this would not adversely effect the neighborhood. I have attached photos of the surrounding properties for your review. If you have any questions please feel free to give me a call. Sincerely, A~deena Wilcox Associate Broker Certified Residential Specialist 44109 Sterling Highway Suite C Soldotna, Alaska 99669 907-262-6585 zd~ Wildlife Conservation Community Program The Kenai Peninsula has apublic/wildlife safety problem. Hungry Bears We live in coastal .Alaska. Our neighborhoods, work and recreational areas aze bear country. The offices of the Alaska Department of Fish & Game, the State Troopers, federal agencies and our municipal police departments all respond to calls concerning h~az negative interactions. Many of these interactions occur in residential areas. One reason is that people too often provide bears with easily accessible food sources. Beam on a Budget Bears use the time between spring and fall to get enough food to sustain them through their winter hibernation. Bears will readily use food sources that offer them the most energy while costing them the least amount of effort. Humans often unwittingly or negligently provide these very low effort, easily accessible food sources in the form of: o Garbage o Bird seed ~~~ ~ ~~r`~~ ~ L o Dog food o Livestock and their feed ~ ~ 6 V2 ` ~ ~^ ~ ~ ! o Fish in smokers o Fish Carcasses A FED Bear is a DEAD Bear For many people, wildlife is synonymous with Alaska.. But a beaz's easy access to human- provided food in residential areas creates a safety hazard for humans, their domestic animals and other property, and for the bears themselves. Often, bears using these easy food sources are killed in defense of life and property (DLP}. The number of DLP's on the Kenai Peninsula has steadily increased as human development and recreational activity has also increased. Is this the image we want for the Kenai Peninsula? We can take steps to help prevent negative bear encounters! The Wildlife Conservation Community Pro~_ ram Funding: Partnerships are forged using federal, municipal and private funds. Bear-resistant containers: These will help keep bears (and other wildlife) from gaining access to easy food sources in our neighborhoods. Safer nei h~borhoods! Information and education: Signs are erected and information and education is given to residents and visitors on how to keep ours communities safer for people an,d wildlife. Better public stewazdshita of our wildlife resources! Public Safety: Municipalities commit to solving this public safety issue by strengthening and enforcing city ordinances. Less aggnc~pent dealins~ with nuisance wildlife! For more information on the Wildlife Conservation Community Program contact the Alaska Department of Fish 8~ Game /Larry Lewis 907-262-9368 or larry lewis(cr~,fishgame.state.ak.us ~~c~s -f ~ ~ Z.C. ~u~s~~e i~~~ c c.k ~~ e Ic~. Welcome to our home - No smoking, ashtrays outside - Muddy shoes and boots leave outside - No campfires - Park in the driveway only - Please drive slow to reduce dust - No fish or shellfish cleaning on the property, any fish you catch during your stay will be cleaned by Larry and Wendy at Poachers Cove. - All garbage deposit in can inside garage, please lock the lid. - Quite time after 1Opm and before lam - No pets - Internet access, call for number. - Call Wendy or Brenda with any problems, 907 262-1815 anytime. - Have fun in Alaska. Alaska Pacific Environments! Services Anchorage, LLC (APESA) _____ ----------- ---- _____- aha Alaska Waste ~24~NiS ~ t ~~ ~~v ~ ~~ ~~ 47323 Merrywood Ave Soldotna, AK 99669 ~{ Phone : (907) 283-9390 Fax: (807) 262-4370 ~~ Cli.t~- w~ C~iSt ~Sbc ' APPROVED BY ~~~- ~~~ !fit t j\_ ~ C~!/ ~ 5'O,V `9 C') 2 ~ Z l ~ I, j Fax Yrs; ........,, .~...~ ~a ' ~ ~ ~[t~ (n ~-{ ~C W l ~ ~ lQ Stat9(a .-dip Co ct P rf t `11(Q t~ Physical Address r :~. ~ ~ State Zip Alt Co ~ ~~ ., r; Zf Service Address: ~ City State Zip Alt Phone # SS #: .~± ~ ~ Federal Tax ID # ~-----'"'"'~~ Businetats Lie# CdMW_F?F'i'HL<S 4FCTIAN IF INf]11/It]tla,l IPRtYSRIFTAR Name• t_A rr- ~ Mane Tal L n Z lt; 2 (~ t S F.m er. S ~Z Ic tl'~~1 p~, t~ Wait Number. C L'~ 2. 4; Z 1 ~ ~ 5 Herne acwresa: ~ i4. ~ i2- ~ C h ~i f t c? p,~ ~ ~-~ s ~ ll c:vnuu~r>: n~xs sECr~n ~ cvt~~AnvN flame of Officers Title On call D Quantity Capacity Frontload Rotl Off Other Weekly Pickup p Pickup Days: Roll t~riCemeactnr u~t chareeA CTS Haul Delive Fee HRL Haul Rental Re~c cle Haut Ti in Fees Other Char es Front I rmd P.nntsirwr Clharres Delive Fee Montht Refuse Lockin Devise Rental: Other Char es Total Monthl special terms, Instructions, services, Comments, special wastes: Customer is res ibb for c~afner rnerfiib landfill ' fees arxl dam to container whib on service site. The undersigned affirm that the information on this service/credit application b true and correct end authorizes APESA dba AK Waste to obtain a credit report of informatiwt from any source required for pnocessNtg U1fe account M the aooaunt should becane definquerrt, the urrdersigrrod accepts responsesfly f~ any cost hraemed in attempts to collect including but not limited to any agency or cafieciiort fees. t3tlsrantor Signature: °~~) .~-~ - -_ Date: ~pv ~ ~ I ~ I 1 b0 b . Prilrted Norms: (/~t~ v~ ~' ~- CG ° ~`~ >U Title: f~ (} v V.IIru1111 Vtl{U11 !.l lAJ 111VJ ILL •JV~/ VLL "~VVl ~_ ~.. _. ~..~. Ta : C,,~ o~ ~/Ginn i rrl ~~.~ra+~+~ t ~ r riay vt vU y•,.~V ivu.UVl r.Vl g .eta~a. ~rr~ ~'`So-r~.~ ~- `I -- 'I . -LY e~ ~~~r, ,~r2~ ~7G7~'~ d w'r1 ~r,~ ~ ~ i 1 T o t~licm .~f /Y G'vn~ ~. , .. 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I I . ~ . . ~-. ... ,..I, 2h C@~u~k Torns I~rcafessior~al Spr~rtfisl~ing, LLC F='Cd f~.~c~ € C.~ ~ t~~r`T~nt~, ~~t ~`~~1< ~~7_~~_sa~'~g ~:if6::~~sl~~er~hn#:ra~asE.r.:~€~~ April 30, 2006 To Whom It May Concern: 1 have been an Alaska Sta#e Parks Licensed Guide for fourteen years and have been running my business from Poachers Cove for the last six seasons. At this location, we have shore-side boat parking as well as a fenced and locked boat storage facility. My boat space is #31, directly next to #30 which is owned and used by Larry Carlson of Larry's Guide Service. in my six years as a neighboring business, I have never known Lany Carlson to park his Kenai River boat anywhere other than these two designated areas at Poachers Cove. As a competing business, I work next to Larry and Wendy of Larry's Guide Service on a daily basis. I have never witnessed anything but professionalism and courtesy toward me, other businesses, and customers. Larry's Guide Service offers a fish processing service for their customers, as well as business associates {such as my business) and other Poachers Cove residents. They clean, process, and box for shipping all fish at their Poachers Cove location on I can personally attest that Larry and Wendy take pride in customer satisfaction and will always make the extra effort for their customers. Lary's Guide Service has the highest of professional reputations on the Kenai River and is held in the utmost respect by all who fish on the Kenai. Wendy's reliability, organization, and professional attitude have made it a true pleasure to run my business in close proximity to Larry's Guide Service. Many guides, customers, and neighbors at Poachers Cove rely on Wendy's knowledge and experience in this fast paced summer tourism industry. Please feel free to contact me if you have any questions or would like additional information. Best Regards, Chuck Thomas Chuck Thomas Professional Sportfishing, LLC k 2, r o RV per, n st ~; `' ~, .~ .. r .; .. - ..ate-. ».. ~ ' e~'~," ~ Phone: 1-877-437-6366 Phone: 1-907-224-6465 P.O. Box 1548 Fax: 1-907-235-6945 13760 Leslie Place Email: info@stoneycreeknpark.com Seward, Alaska 99664 Apri121, 2006 Wendy Carlson 160 Richfield Drive Kenai, AK 99611 Dear Wendy, Here is your receipt from last year's stay at our RV park. Since 2003, you have stayed at our park for the month of August to participate in the Silver Salmon fishery. We certainly appreciate your business and look forward to your stay this year. Respectfully, Helene Herndon Owner, Stoney Creek RV Park arty & Wendy c:arison c;ar~son ~G' Richfield Drive enai, AK 99611 yu ~ -crJC-101 a B9 nit• Model: Color ar•• Color• ST/Lic• ther: Color ST/Lic: Qty Description 1 Monthly Rate Discount: Other dults: Children: Pets: Extra Vehicles: Extra Trailers: NOTICE TO GUEST is property is privately ov+ned. The camper accepts camping privileges with the ierstanding that he does hereby release the Campground, its officers and empbyees all liability for bas or damage to property and injury to his perm arising out of his use is camping facilities, and agrees 1b indemnffy the Campground, its officers and lpbyees, against claims resuidng from loss or damage to properly or injury m the 'son of any member of the family or guest of the registered camper arising out of the a of its camping facilities. THE MANAGEMENT ;tve read and sates to comohr with all of the Campground rules and regulations hosted In the otnce andfor on the grounds. 'YOU HAVE ANY SPECL4L NEEDS OR NEED ASSISTANCE, PLEASE CONTACT THE OFFICE Stoney Creek RV Park 13760 Leslie Place PO Box 1548 Seward, AK 99664 Helene & Larry Herndon 1-877-437-6366 I 1-907-224-6465 Email: info@stoneycreekrvpark.com Web: www.stoneycreekrupark.com _ ST/Lic: D/L: First Night Fri. Jul 29. 2005 Last Night Mon, Auq 29, 2005 Each Total $800.00 ~soa:oc - $40.00 - $40.OC Sub-Total $7~O,OG Sales Tax ($1.00 @ 2°/D) Total Payment: Visa , ~: ~ .~4 ~ ~.: Mon, Auq 29, 2005 $~~~~ $770.00 $770.0 $0.00 Check Out: 12:00 PM on Tue, Aug 30, 2005 Confirmation Number: 8000000823 ~°~- g/ ~~ NAME ARRNAL DATE SPACE # ~~ <e t - Oa, o ADDRESS 4 ~Z rn W S v A CITY, STATE. LP DEPARTURE D. TE # IN PARTY n a~ ww Y w LL > PHONE NUMBER r$ ~ ~ y p ~ Q m ~ ~ Y Z t a ~ TYPE OF RV LENGTH # OF DAYS f NOTIICE TO GUEST This property is privately owned. The camper ~ MOTORHOME / ~ accepts carnpin9 Prins with the under- Y G standing that he does hereby release the W . trl TRAVEL TRAILER XTRA PEOPLE ~ Campground, it's owners and empbyees of all W U liability for loss or damage to property and ~ CAMPER injury to his person arising out of his use of its V P/U camping fadlities, and agrees to indemnity the } ~ 5TH WHEEL ADDITIONAL TENT ~ campground, its owners aM employees W against daims resulting from loss or damage to Z } POP-UP property or injury to fhe person or any member rn BOAT / 7RAlLER of the family or guest of the registered camper rA ~ 8r191ng OUt Of his use Of ftNS Campirg facility. I h N ~ e have read and sores to comely with all t PETS(DESCRIB63 CASH SUBT07AL ~ ~ Camnnrruwt n~la, and feulatlgl5 aS posted In ~c z%snLESTax t CREDI DESTINATION AFTERSEWARD ~~ I d n CHECK TOTAL AMT r _/ ' i~ +~ ,, 44 ~^ /~ ~L N~ '" Gr,~j ~ ^V ~~ ~+ , Y ~ Q ma / ~ / •Signalu CHEC TIME 12:00 NOON r`f $~-~' ~~ - __ = _ _~-._ i \~ f/~ecc'tyuf ~~ KENAl~ SKA ~~~i~~a e wit~t a Fast, Gi wit~t a ~r~~r~re'~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~' ~ Telephone: 907-283-7535 /FAX: 907-283-3014 CONDITIONAL USE PERMIT APPLICATION RE~CE.IV~p 9z ~C ~' P ~ crN or- 'LAIVtiinv- „ KENgr Date: ~C ~~ ~ ~~ Z~(,~~ Applicant's Name: ~ (~ ~ ~' I~S~I~ Phone: ~~~ 2 (C.'2 - ~ ~ ~~ Business Name: l-E:t r V"LtiS ~~ ~ ~ LSE- ~ t~ V I C Mailing Address `J n -~ ~a l I Street Address: ~ ~` ~ ~ (C ~f111 ~ ~ (~' ~~ ~ ~ 1 (~ ~ ~~~ y~ci I ~"IL ~'i I l~ t (Where perniit will be operated from.) Legal Description of Property: (~_ ~~ Kenai Peninsula Borough Parcel No.: o ~~-/'.~~(~~ City of Kenai Zoning: l~-E'~ + ~~rl'~t a ~ -- ~ JP **********x~** Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~' (,~~~ ~~ ~ Ul ~ dC~Qi ~ i ~C ~7 V1.-Q Yn c>Y1 f ~1 S J '~-vr C~ C~1~rfi~~ ~ ~~,..~ ~ ~wr ~ ~y"- ******** 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 Pernzit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed ~: breakfast applications, must show areas to be rented.) ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. `~" The value of the adjoining property and neighborhood will not be significantly impaired. ^, The proposed use is in harmony with the Comprehensive Plan. ~] Public services and facilities are adequate to serve the proposed use. [~ The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: ~='z---,~_ ~ ~ - ~~~~ Date: RICHFIELD DRIVE 60' R/W N 00'09'00'' W 100.00' 100.00' 82.7' O I O rn o D/W Q ~. f~1 nc LOT 6 cMO ~Ap•. ~Oc' p. ~Ap. Frame tsp. ~ House N •?sp, ry 0 3 QO LOT 6 BLOCK 6 19,000 s.f. 0 Porch 10• UTILITY EASEMENT N oo•os'oo" w 100.00• LOT 23 LEGEND AND NOTES Oa Found 5/8' Rebor i Found 1/2" Ret;cr Septic Vent O Q Well Z () Indicates Record Dolum Meter Pole SCALE 1"=30' 1) The bearings and distances shown hereon relative to the property boundaries were derived from data of racord. Prepared Par. Cunt Choppel 44045 Carver Drive Kflrnair AK 99611 0 rn LOT 7 deck W `~~~~\\\, ~' 3 = P,~~ OF q~qs~~, .~.~ J 49I1i~ ~9* ~i i~ ~~ ,. M. scorn rNo+>JwE.~ ,~ _~ ~I `^a~, 4928-5 ~I~ f o ~~S~~y~ `~`~ AS-BUILT SURVEY I hereby esrUly that 1 hoes survsyad lha Idlo.i,q descried prapsrly. LOT 6 BLOCK 6 VALHALLA SUBDIVISION PART 5 -- localed m tha _ KLN~__ Recording District. Alosko, and that the improvements situated thereon ar! within the property lines and do not overlap or encroach on the property lying adpcenl thereto, that no improvements on the properly lying odpcent thereto maoach on the premises in Question and That there are no roadways, tronamis- sion lines a other visible easements on sold property except as in- dicoled hereon. Dotem October 1, 1199,3 Yelarle and Attaoeiotee En9Ywan. Stireeyore eM Ple1wlerr /.Q Bea. 166 Saldelne. AK-9eee9 EXCLU90N NOTE: It is the responsibility of the owns to determine the exietenes OI any sasemenlR tOVenanle or reeWCHans which do not appear on the .eeoreed subdivision Mat. under no Cvcum- staneas should any data hereon be used for construction or tar eetaDlish~q boundary a Imee Knee. gee ~ 931015 rlra Boell ~ 93-O1 STAFF REPORT To: Planning & Zoning Commission Date: December 21, 2005 Res: PZ06-02 GENERAL INFORMATION Applicant: Larry R. Carlson 262-1815 d/b/a Larry's Guide Service 160 Richfield Drive Kenai, AK 99611 Requested Action: Conditional Use Permit -Cabin Rentals & Guide Service Legal Description: Lot 6, Block 6, Valhalla Heights Subdivision Part 5 Street Address: 160 Richfield Drive KPB Parcel No.: 04932022 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: Rural Residential ANALYSIS General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 0602 Comment.doc Page 2 Applicant is applying for a Conditional Use Permit to offer weekly lodging (daily/weekly) during the months of May, June, and July in conjunction with a guide service. Applicant noted that home may be rented during other months for special events (Arctic Winter Games). In September 2005, the City of Kenai received a complaint from a neighbor in the area advising they thought the owners of 160 Richfield Drive were operating a guide business and bed and breakfast from that location. A letter was sent to the registered owner advising that zoning required a Conditional Use Permit to operate a business from this location. On September 19, 2005, Wendy Goodloe (Carlson's spouse) called after receiving the letter. Ms. Goodloe advised that they met clients at the location and did store equipment (boats) used in the guide business at the Richfield location. Ms. Goodloe was provided information about the process for applying for a Conditional Use Permit and noted that she was leaving on an extended trip and would submit paperwork when she returned. Applicants are now submitting the application to use this residence on a limited basis for clients in their guiding business. The use defined in the Kenai Municipal Code that most closely identifies the proposed use is, "Cabin Rentals." "Cabin rentals means the renting out of one or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days." Any rental over 30-days is considered long-term and does not require a zoning permit. During the application meeting, it was determined that because guests are met at this location for the guiding business and boat(s) are sometimes stored at the location, they should also apply for a permit to operate the guiding business. Ms. Goodloe noted that they normally operate out of Deep Creek in May and then Poachers Cove in June and July. The boat is stored at the Richfield address during the off-season. Applicants also own Lot 5, 150 Richfield Drive, which is a vacant lot. To issue the permit, the Commission must determine the following: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The property is zoned RR -Rural Residential. The intent of the zone is, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. " The use will not increase the density in the zone. The applicants intend to rent the residence to clients on a weekly basis noting that the rental would be limited to one family or group. Applicant noted this is a 3-bedroom residence and rental would be limited to that size group. 0602 Comment.doc Page 3 • The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property and neighborhood should not be significantly impaired by the proposed use as long as the rentals follow guidelines that limit the use to those normal to a residential neighborhood. In addition, there are four similar Conditional Use Permits (Coligan) in this subdivision and no adverse impacts from the use have been noted. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this parcel as Rural Residential in the Land Use Plan. "The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home-based businesses may be accommodated within certain design guidelines. " The proposed cabin rentals on a limited basis appear in harmony with the residential integrity of the zone. Guide service activities will be limited and should not affect the area. • Public services and facilities are adequate to serve the proposed use. Public services are sufficient to serve the proposes uses. • The proposed use will not be harmful to the public safety, health or welfare. The proposed uses will not be harmful to the public safety, health or welfare of the area. • Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The Commission may wish to consider requiring rental rules that limit activities to those normally conducted in a residential neighborhood, i.e. no campfires, limit outside activities after a certain hour, not allow fish cleaning outside of the residence, etc. City Engineer: Available area for off-street parking, snow storage, boat storage, etc. appears adequate. Applicant must assure compliance with ADEC regulations for on-site water supply and wastewater disposal. Building Official: This house was constructed in 1993 and was inspected for compliance with building codes. No violations were noted at that time. RECOMMENDATIONS The applicant is applying for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service to be operated from a residence located at 160 Richfield Drive. The home would be rented to clients from the fishing guide business. The guide 0602 Comment.doc Page 4 business is routinely operated from other sites; however, there are times that clients are met at this location and during the off-season boat(s) are stored here. The home is a single-family, 3-bedroom dwelling. There is sufficient off-street parking for the proposed uses. The City did receive a compliant regarding a business possibly being located from this residence. When contacted, the applicants made arrangements to submit an application. Applicants note that the home is vacant most of the year and would be used mostly during the summer months. There is a possibility that short-term rentals could be conducted for special events such as the Arctic Winter Games. There are four other similar permits being operated in this subdivision by Clint Coligan. Mr. Coligan has operated in this are since 1998 and conducts similar rental/guiding businesses. The City has not received complaints due to these permits. Recommend approval with the following requirements: 1. Submit a State of Alaska Business License & compliance with the Kenai Peninsula Borough's sales and property tax requirements. 2. Provide proof that a fire inspection has been conducted and the residence meets the fire code requirements for said use. 3. Provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-02 2. Application 3. Drawings Amen asked staff about the road maintenance and snow removal issue raised by a resident and Kebschull explained, the City will not be responsible and anyone purchasing a lot would be responsible for road maintenance. Bryson asked if that answer was specific to Shirley Johnson's question and if the road was private or in a right-of--way. Kebschull replied, the answer was in response to Mrs. Johnson's question and the road is on a dedicated right-of--way. Eldridge suggested the lots off Eagle Rock Drive, Sandpiper Lane and Robin Drive where there are specific residential areas, should perhaps remain residential and not be rezoned. Amen expressed desire for postponing the issue when a full Commission would be present and explained the reason to the public. MOTION: Commissioner Bryson MOVED to postpone PZ06-O1 and Commissioner Twait SECONDED the motion. VOTE: Eldrid e Yes Amen Yes B son Yes Chase Absent Twait 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. Kebschull advised that the City will re-advertise and new notices will be sent out when the issue is once again before the Commission. 5-a. PZ06-02 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service for the property described as Lot 6, Block 6, Valhalla Heights Subdivision Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Kebschull noted the following: • The applicant is applying for a Conditional Use Permit to offer lodging during the months of May, June and July in conjunction with a guide service. • The home may be rented during other months for special events. • The City received a complaint from a neighbor in the area advising they thought the owners of the property were operating a guide business and a bed and breakfast. • A letter was sent to the registered owner advising that zoning required a Conditional Use Permit to operate a business from that property. PLANNING & ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 7 • Ms. Wendy Goodloe (Mr. Carlson's wife) called and said they met clients at the location and stored boats there. Ms. Goodloe was provided with information on the process for applying for a Conditional Use Permit. • Because guests are met at the location for the guiding business, the applicant should also apply for a permit to operate a guide service. Goodloe noted they normally operate out of Deep Creek in May and then Poachers Cove in June and July. The boat is stored at the Richfield address during the off-season. • The list of items the Commission must determine along with staff input was provided in the packet. • The City Engineer noted parking, snow storage, boat storage, etc., was adequate, however the applicant must assure compliance with ADEC regulations for on-site water supply and wastewater disposal. • Staff recommends approval with the requirements of submitting a State of Alaska Business License and compliance with KPB sales and property tax requirements; provide proof of a fire inspection; and, provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. Amen pointed out an error on the as-built survey, i.e., the lot in question is Lot 6 and the lot on the left should be Lot 5. Kebschull confirmed that it was. MOTION: Commissioner Twait MOVED to approve PZ06-02 to include staff recommendations. Commissioner Bryson SECONDED the motion. Chairman Amen opened the public hearing. Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce noted the following: • She felt her neighborhood was under siege with the rezone issue and this applircation for the Conditional Use Permit. • She lives directly across from the property and has had many people on occasion come to her for assistance, including jumping vehicles, phone usage, etc. • Guests cut through her property to take firewood, leave trash at the mailboxes, and have even left fish hanging on her door inviting bears to her property. • Stated her concern the individuals do not follow the rules and the type of persons who may rent the house are not known which could be a pedophile. • Expressed concern for her children's safety and traffic issues. Don Pearce, 155 Richfield, Kenai, Alaska -- Mr. Pearce noted his concerns as follows: Safety of their neighborhood and his children. Increased traffic -- there are several vehicles parked in the road by the mailboxes. • The guests leave trash and beer cans in the area and do not clean up after themselves. PLANNING & ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 8 • The bear problem is of major concern and Fish & Game have set traps in his property. • They do not know the people who will rent the house which could include pedophiles or crooks. • He does not want a commercial fishing operation across the street from his house because of his children and dogs. Joseph Frank, 450 Phillips, Kenai, Alaska -- Mr. Frank stated his grandchildren play in the lot owned by his daughter which is adjacent to the applicants lot; the guests complained the kids who were playing in their own yard were too noisy; the owners do not care about the place; and, he is against the application. Sharell Russell, 4220 N. Dogwood, Kenai, Alaska -- Ms. Russell noted the following: • She was in when Capt. Bligh wanted to do cabin rentals and he has since sold his business. • Asked if the new owners would have to come back for a new Conditional Use Permit and Kebschull responded, if the business was sold, the Conditional Use Permit could be transferred as long as the use remains the same. • She was really hoping to not have anymore guiding services in their private neighborhood and that type of business definitely affects the property values. • The guide clients fly down the roads creating a lot of dust and traffic hazards. She is very much against the application. MOTION UNANIMOUSLY FAILED. Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce asked how the residents of the area would be notified if the application was approved or not approved and reported the guide service has campfires in their yard and fish cleaning takes place. Kebschull explained, if the Commission decides at this meeting Pearce would know the outcome and, regardless of how the Commission votes, there is a 15-day appeal process. If an appeal is filed, the neighbors would be notified. Chairman Amen closed the public hearing at 8:25 p.m. Bryson expressed concern with the bears noting that those types of businesses do attract them and, special, lock-in trash bins could be appropriate for these residential areas. Eldridge expressed concern for the neighborhood and noted he would not support the approval of the application. VOTE: Eldrid e No Amen No B son No Chase Absent Twait No ITEM 6: OLD BUSINESS -- None. PLANNING 8s ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 9 5` Larry R Carlson Wendy J Goodloe DBA Larry's Guide Service 160 Richfield Drive Kenai, Alaska 99611 907 262-1815 January 2 PZ06-02 2006 1r L_. Mr. Carlson and I applied to the city of Kenai's zoning and planning commission for a conditional use permit to operate our guide business and short term lodging from our residence at 160 Richfield Drive, Kenai, Alaska. The council denied the permit request on January 11, 2006 after public testimony. We are forced to appeal the decision of the counsiI to protect the rights to our livelihood. We feel the decision to deny our permit application was based solely on the false statements and accusations at the public hearing. Mr. Carlson and I have lived and worked in the charter fishing industry on the Kenai peninsula for 23 years. Our small fishing guide service accounts for 100 percent of our familys annual income. With fishing season in Alaska being very short and unpredictable, any disruption to the services we offer to our guests will be financially devastating. Our business draws tourists from all areas of this country to the Kenai peninsula and our quality of service draws them back year after yeaz. The financial impact to local businesses in the Kenai and Soldotna azea is quite large, as we feel our business contn'butes tens of thousands dollars annually to the local economy. Specifically our use of a conditional use permit at our residence would consist of one small party in one vehicle staying at our home for several days to a week. On rare occasion there may be two vehicles. There are no cabins and this will not be a muhi party rental. There will be no signs of any kind on the property. Most activities take place in the summer months, as we aze a seasonal business. In response to those who gave verbal testimony at the hearing and the concerns of Mr. Bryson, Mr. Carlson and I would like to state the following facts to the council. Bears There has been a continuous beaz problem in the area, not just Valhalla Heights subdivision. Bears have frequented this area long before our presence in the neighborhood, we aze in bear country. Jeff Selenger of the Alaska Department of Fish and Game recently stated to us an update on the situation presently and gave an overview of the pilot program involving the use of beaz proof gazbage cans in our subdivision. ~'~~~~~` :r----~.. s._ .. _-~ . JAN 2 ~ ..... 200E ; --.. Mr. Selenger stated that during the program penins-ula Sanitation provided free weekly service for the bear proof cans. All but three residents participated, including us. At the conclusion of the sixteen-month program only a few continued with the bear proof cans. During the program there was not one bear complaint. As the cans were removed from our subdivision with only a few choosing to keep the cans and pay for service, the bear complaints promptly resumed. In the eight years we have resided at 160 Richfield we have had no bear encounters or situations nor have we seen a bear in the area. We are unaware of any bear trapping occurring across the street from our home. We are awaze of this situation and are very proactive, as we do not want any bear situations in our neighborhood. There is no evidence or complaints from the Alaska Department of Fish and Game or any other agency that any activities at our residence have had a negative impact regarding the beaz situation. Garbage Our property at 160 Richfield Drive is neat, clean and well maintained, inside and out. The structure is new, modern and has a positive impact on the property values in our neighborhood. There is not on shred of garbage or debris on either of our properties. Our gazbage can is kept inside the attached gazage at all times. There is no garbage on Richfield Drive or azound the mailbox cluster. The entire subdivision is relatively free of roadside garbage. Fish Cleaning There has never been any fish cleaning of any kind at our residence. There have not been any fish carcasses on or around our property. The only fish you will find here are in the freezer or on the Baz B Que. We do not allow any fish cleaning at our home. Our clients and our own fish aze cleaned at a commercial facility in Soldotna. We do not allow any fish cleaning at our home. Pazking ,and Traffic The driveway is more than adequate to park several vehicles if necessary. Other than reasons such as Plowing the driveway or getting our boat out of winter storage there is no ~'~t P~'~ng from anyone other than myself or Mr.Carlson and that would be a rare occasion There aze no vehicles parked on Richfield Drive from anyone in the neighborhood. All the properties have sufficient pazking on the .44-acre lots. There is no increase in traffic due to any activities at our home, actually a decrease in traffic should be noticed as we aze seasonal. There are seven occupied homes out of 28 pazcels on Richfield Drive, the traffic volume is almost non-existent yeaz round and our activities will have no impact whatsoever. Fires, Noise, etc. There is not a fire pit of any kind on our property. We do not allow outside burning due to the extreme fire danger in the summer season and the beetle kill in our area. Our home has hot water baseboazd heat and there is no fireplace or wood-burning stove. Therefore there is no reason any person residing at our home would need to steal firewood or have any use for firewood. There has always been a telephone at the residence; there would be no reason to bother a neighbor for a phone. We are not aware of anyone at our residence going to any neighbor's property for any kind of assistance. There are no noise issues as there is nothing more than television and a small radio at the residence. Safety We operate a very professional charter service with the majority of our husiness coming from repeat clients and refen~als We aze very involved professionally and personally with our clients and have come to know most quite well over the last 23 years. Therefore we have no concerns whatsoever of the quality of guests we would bring to our home and our neighborhood. The issue of safety of the neighborhood children and their dogs we consider anon-issue. It is our responsibility to our neighbors to ensure we would never knowingly invite a person or persons to our home that would threaten the safety of anyone. Mr. Carlson and I have resided at 160 Richfield Drive since our purchase in May of 1998. We are not aware of a single complaint against arryone residing in our home regazding any activities at the residence. There have not been any activities to warrant any complaints to any agency in this state, therefore there aze none. To deny this permit based on false and vicious accusations with no evidence support these claims is wrong, We are applying for a conditional use permit that dozens of small businesses simil-- to ours aze currently holding and operating under in the City of Kenai. We believe we aze entitled to the right to apply for and be granted this permit on the factual and truthfiil information provided to the planning and zoning commission as requested. To deny this permit would be without cause. Mr. Carlson and I would like to thank you all for your assistance in this matter. Sincerel ,~. ~~ Wendy oodloe Larry R Cazlson BOARD OF ADJUSTMENT HEARING FEBRUARY 16, 2006 6:00 P.M. KENAI CITY COUNCIL CHAMBERS BOARD CHAIR PAT PORTER, PRESIDING Appeal of Planning 8s Zoning Commission Denial of an application for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service for the property described as Lot 6, Block 6, Valhalla Heights Subdivision Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Appeal filed by Larry R Carlson and Wendy J. Goodloe. Board present: P. Porter, J. Moore, L. Swarner (arriving at 6:14 p.m.), C. Massie, R. Ross, R. Molloy and M. Boyle Staff present: City Clerk C. Freas, City Attorney C. Graves, J. La Shot, M. Kebschull, Acting City Manager C. Kopp Others present: Wendy Goodloe, Appellee Chair Porter reviewed the instructions for the members of the audience, noting the instructions were included in the packet of information provided. Porter also indicated additional information items for inclusion with the packet of information. Porter opened the hearing and informed those who wanted to speak to sign in and give their name and address for the record prior to being sworn and giving testimony. Verbatim begins: Porter: Do you want to state your name and address for the record. Pearce: My name is Loretta Pearce and I'm at 155 Richfield Drive, Kenai. Porter: Thank you. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the. case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Pearce: I do. Porter: Thank you. You can be seated. Pearce. All righty. As you are aware, most of you, I was here once before. Ah, I clearly object to this guide service. I live directly, well not exactly directly, off to adjacent to them, across the street to Wendy Goodloe and her husband Larry, who are applying for the application. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 2 Some of the things in her letter state, you know, in her rebuttal, is that people haven't been, you know, my home to ask to use my telephone. There have, in fact, been people coming to my home to use my telephone. People have left fish on my door. There is trash in the neighborhood due to this going on. The only reason it's not being seen is because I'm out there cleaning it up. You know, they may not see me there, but all winter long, they're gone. We only have problems in the summer. All winter long they're gone. There driveway isn't even...I've even wondered what's going to happen to that home if it's not, you snow plowed or whatever. This year it has been snowplowed, but in the past it hasn't been plowed or anything and I thought, if there's a fire, the house is going to go down. People have crossed on my property from there. From California, Arizona, quite a few other places. We come to find out they don't even have a license, a previous license to run this business and now they're applying for a license. It's affected my entire family from my kids playing out there, having people come over there and confront my children when they're riding their bikes. They complain about my dog and this is just seasonal. I should not have to change my lifestyle since I do live there year round. I have to also let you know that where I do live, a lot of the lots...we own four or five lots on the one side, so there are no other neighbors almost. We have one neighbor's on the other side who haven't been there all that long. An empty house and the new people in the cabin are there also. I'm the one that gets hit the hardest. When these clients have been there, even when they were running it without a licensing and they're stating that they didn't, I'm probably, like I said, the person that called in and I'm clearly against this. It has affected my lifestyle. I don't want to have to be quiet. My kids be quiet because clients are going to go fishing. I don't want to be bothered all day long. I've never had to put a No Solicitations sign on my door. I'm getting to that point where I feel I should. For her to sit here and meet her neighbors firsthand aril state, you know, we're stating all these vicious lies, that's no way to meet a neighbor. Porter: Excuse me. Excuse me Ms. Pearce, would you please keep the comments non-personal. Pearce: I'm sorry, it's just... Porter: It's okay.. It's okay. Pearce: I, I know, you know... Porter: Please be courteous to that. Thank you. Pearce: I'm just, you know, I'm just really upset and offended by, you know, you know, the fact that I'm having to come here again, once again. I'm already cleaning up BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 3 trash. I'm already taking care of the clients. Yes, they have in fact asked me to give their car a jump start. I know the City of Kenai has better things to do than, she states in here, she's never had a complaint against her. Well, she's not the one that's there, it's the clients that are there. They're tourists, you know. City of Kenai, we try really hard. We all invite tourism. We try very hard to take care of our tourists. You know, they're going to have better things to do and I'll finish this up, than to hear complaints from me from now on. Every time they come to my home, I'm going to have to redirect them and let them know, you have to ask your guide service, and, City of, I know the animal control and City of Kenai have far better things to do than to answer my complaints every time I have to help someone out. Pull them out of a ditch;. whatever. Porter: Okay. Thank you Ms. Pearce for your comment. Is there anyone else from the general public who would like to give testimony? Please come forward. Carr: I'm Susan Carr at 4401 North Dogwood Road. Porter: Okay. Can you write that on that sheet of paper so we can keep a record of that? Carr: Slow writer... Porter: That's okay. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Carr: I do. Porter: Thank you. Carr: We've lived in the neighborhood since 1980. We have had bears in our neighborhood since I've been there. We have had a bear problem there since about five years ago. We only had that problem since the guides moved into our neighborhood and started dumping fish, fish waste, and other things down our roads. That's a real big concern. Our neighborhood is abear-safety neighborhood. That's helped, but stuff is still being dumped in the neighborhood. Wintertime, it's absolutely quiet. That's our neighborhood. We have people going to work. Summertime, there's two or three in the morning, there's boats being banged around, people hollering, partying, and we have to lead our life. These people are on vacation. We're not and we have to be quiet for them. That's not right. It's our neighborhood. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 4 I have a business in my home and we conduct our business from eleven until five. It's quiet. They come. They go and so far as I know, I've had no complaints. But, there's more dogs. There's more people. More traffic and our road cannot support more traffic or more people. That's all I have to say. Porter: Thank you very much. Anymore testimony? Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Bush: I do. Hi. My name is Cathy Bush. I live at 225 Richfield Drive, which is across the street from where this business is. We've been there since 1983. We've been through the bear business and like the lady before me stated, we didn't have bear problems until just in the last couple of years. Used to be, we were the only ones back there. We were the first ones on the street. We've walked, in fact, I can remember us standing up and looking up every time a car went down the road cause no cars came down our road. I don't have a lot of, I've never had any problem from them, but I don't want the business there. It's a quiet residential street. When my husband came to look, we looked for property. We deliberately took the back part so that we would have privacy because there's nothing behind us. We can hear people from up on Strawberry, but that's it. There has been a lot of traffic in the last couple of years and I too have been awakened by the boats going up the road. I'm 100% against it as a homeowner. I don't want that in my front yard. We came here from Anchorage for the peace and quiet and we love Kenai and we want to keep it that way. There's plenty of other places where someone could have this type of business. Thank you. Porter: Thank you. Is there anyone else from the general public? Is there anybody else from the general public that wants to be heard? Goodloe: I guess I'll be the last one. Porter: Okay, that will be fine. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Goodloe: I do. Hi, I'm Wendy Goodloe. I'm the applicant for the conditional use permit. 160 Richfield Drive. Mr. Carlson and myself, we're applying for the conditional use permit to reside in at our home, which we've owned since 1998, and BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 5 operate our guide business out of there which includes offering short-term rentals in the summertime. You have a copy of our appeal, my appeal letter, which I believe addresses all the concerns that you've heard again tonight. The bear situation, the traffic, the garbage, etc. At the public hearing in January, I believe that you were intentionally misled with the false and slanderous accusations from the public testimony. There's not one bit of truth, testimony. It was all outrageous lies. We believe that this was retaliation for two vicious dog complaints that I myself, yes, I filed with the City of Kenai. And, you read from my appeal letter, there's no proof or no evidence of complaints of any kind for. any of the activities that we were accused. None, none of them ever happened. If all these terrible things had been occurring in our neighborhood since 1998, no one's complained to anyone about anything. Our home, our house, and our property, it's neat and clean. It's well kept up. And, as far as the boat situation, we, we have commercial property elsewhere and we don't, we don't even fish in this town. We fish in Seward. We fish in Deep Creek. There's no boat traffic from our home. Zero. We, we don't tow boats back and forth from our home. They're moored on the river or the ocean. So that's just false. We've complied with requirements of the Zoning and Planning Commission as requested and we believe our permit application meets the criteria and as far the traffic situation, seems like the bears and the traffic have been the biggest, that's where this is all leading. We've never had any bear trouble at our house. We've been there since '98. We don't clean fish there. There's not ever been one fish cleaned there. Maybe a fish on the barbecue, yes. No fish. All of our fish are processed at commercial facilities. So, you can talk to Fish 8s Game. They've been at my house. We participate in the bear-proof garbage can program. There's no bears. I've never seen one. It's just not happening. As far as increased traffic, there is no increased traffic. Maybe one vehicle a day might drive down the road. Well, that's, that's average. So I don't think we're going to impact the neighborhood whatsoever. We don't bother our neighbors. We run a good clean business and there's just no grounds to deny the permit. Porter: Are you finished with your statement? Goodloe: Yeah, and we feel the decision should be based on the facts and the laws relevant to this issue and I don't think it should become personal which, you know, we, we're not going to drag anybody into it. We just, we just want to be left alone and be allowed work out of our home like we have been for years and years. Porter: Are there any board members that have, excuse me, Board Member Ross. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 6 Ross: You indicate that, have you operated the business there since 1998? Goodloe: We've owned the home. We're, we're self-employed fishing guides. Ross: And, and as I went through your filing on your written statement, the interview, and the application, I'm confused. You refer to it as your home. Do you physically reside there? Goodloe: Well, I, I've, I've got a home elsewhere. Ross: Okay, so during the summer, this is actually a rental. It's not like a bed an breakfast in your home. I mean, you don't physically reside there during the summer, your clients do, is that correct? Goodloe: Well, we do. We, yeah, certain months of the year we do reside there. Ross: Okay, the application that was submitted, as well as the interview that you gave, I believe, on September the 19th, indicate that this is more of a rental situation where the number of clients would not exceed the three bedrooms, I mean, from everything I've received... Goodloe: Oh, oh, I see, I see... Ross: ...it looks like you don't live there, that... Goodloe: ...if, if there were people staying there, I would not stay there with them. Ross: Okay. Goodloe: No, no. I, like I said, we move, we fish in different areas on the Peninsula, so there maybe folks that what might want to stay there then I'll be over in Seward or just depending on where we're fishing at the time. So, it wouldn't be like I'd be staying there and like living with them, no. Ross: All right, thank you. Goodloe: But, but I do reside there, you know. I'm here right now, so... Porter: Are there any other questions? Board Member Moore. Moore: Thank you. I just want to get some further explanation of your letter that you submitted that was, that was marked up by, according to our memo, a J. Selinger from A.D.F. & G. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 7 Goodloe: Right. Moore: What, what was that, what instigate, why do we have this. Goodloe: Well, at the previous town council meeting, Mr. Bryson, I don't see him here, he was concerned mainly that was the original for denying my permit was the bear problem, which I talked to Mr. Selinger at Alaska Department of Fish and Game, just to get his, just to get his overview so I could relate to you guys what's going on, what's happened and I just, that was his summary and he just made a couple of corrections about what has happened, but there, yes there is a bear problem in the neighborhood but it has absolutely nothing to do with any activities going on at my house. There's no garbage. There's no salmon carcasses, and as for the dumping of salmon carcasses, that was going on prior to our even arriving in the neighborhood. We don't have any fish at our house. So, we participate in the program just like everybody else in the neighborhood did and it worked. But, they pulled the program and obviously the bear situation came back, but it's not...it's got nothing to do with just because we're a guide service. There's no, it doesn't mean we have fish laying around which we don't. We never have and never will. Moore: So you sent this over to Mr. Selinger for review? Goodloe: No, I called, I spoke with him on the phone about probably a month ago. Three weeks ago. I think someone else sent it for review. Moore: You're not sure who that was? Goodloe: I spoke to him maybe three weeks ago after the original town council meeting. I haven't spoken with him since, no. Porter: Excuse me, I believe our City Clerk can answer that. Clerk: I received call today from Mr. Selinger and he had said that somebody had contacted him and said that there were comments in Ms. Goodloe letter that he was questioning and I offered to fax him a copy of the letter so that he could read it and then he was, I suggested he give me something in writing back if it wasn't correct and this is what he sent back. Moore: Oh, okay. Very good. Thanks. Porter: Are there any other questions from any board members? Okay, thank you. Is there anyone else from the general public who would like to be heard on this appeal? Russell: I guess I will. I've already testified last time, but I'm Sharell Russell and I live at 4220 North Dogwood Road in Kenai and I really am much against this... BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 8 Clerk: Wait, wait. Porter: Wait, you have to be sworn in first. Russell: Oh, excuse me Pat. Porter: It's all right. Don't hurry. It's only six-twenty. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Russell: I do. I just feel like this business needs to go to a recreation area where we have a residential area. We do have one guide service that's in there. The past owner was very well, he kept up his yards very well, but we don't know what this next one's going to do and I don't think that's it's going to be helping our property values in our neighborhood at all having guide services on the back road as well as on front and I know there's a few people down at the far end that are elderly people that just come up and stay for the summer and leave again. But, it's really not filling our community at all. We're close to the river with Eagle Rock real close, but I feel it should be in a business area or out on the highway or something, but not in a residential area. Thank you. Porter: Thank you. Oh, excuse me. Board Member Molloy has a question. Russell: Oh, okay. Molloy: I was just wondering if you could tell me where the other guide service is in relation to this one. Russell: It's just off Dogwood and it's Captain Bligh's... Molloy: Okay.. . Russell: ...and it has just been sold now so I don't know if they have sold that conditional use with the cabins in there or, but it's just two blocks in. Molloy: Thank you. Russell: Okay. Porter: Thank you. Are there, excuse me, is there anyone else from the general public who would like to be heard? BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 9 Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Johnson: I do. My name is Nicole Johnson and I live at 130 Richfield. I was not at the prior meeting that we had in January. I was out of town in Anchorage so I'm kind of coming into this just for this evening and, microphones always make me nervous. I'm sorry. I've lived in that house for about four years now and I bought that property because it was towards the back of the neighborhood. Very quiet and I think keeping the area as a residential area and not a commercial area is what the majority of the neighborhood prefers, especially myself. I probably shouldn't speak for others. I have not had any direct contact with the others or other people that have been in the rentals. My only main concern would be that if this is was a rental property, it was able to be maintained, is that, I don't know if there's a way to have stipulations as to how many people can be there or what, it just seems like, I'm not sure even if she is there, when she's not there, how many rentals there could be. If they're daily rentals, weekly rentals, to know, you know, capacities that we might be seeing in our neighborhood. But I do oppose this just because I prefer to keep it a residential area. Porter: Okay. Thank you Ms. Johnson. Is there anyone else from the general public that would like to be heard? Goodloe: Can I say one more thing? Porter: Certainly. Goodloe: Do I have to go up here? Porter: Yes you do. Goodloe: As far as the capacity... Porter: Excuse me, you want to wait till you get to the microphone? Goodloe: Oh, I'm sorry. It seems like everyone is really concerned about turning this into like a, it's not a motel. It's a, it's atwo-story, three-bedroom house and we're talking about really, really minimum volume. One car, two people, one car, three people for a few days at a time for maybe ten weeks out of the summer. It's not like there's going to be fifteen vehicles. You know, parking on the street. There's none of that. It's as low key as it's going to get. There's no boats. There's just, it's, everyone that's here has stated they've had no contact with us. Well that's because we've had no contact because there's no reason to. We don't bother anyone. We're quiet. We're BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 10 clean. So the volume thing is just, it's just not going to happen. It's not what we're doing. It's not, there's not five cabins sitting there, it's just one house, one party at a time. I'd also like to say that us being self-employed in the fishing industry, that it's 100% of our annual income what we do here in the summertime and this is how we make our living. So we will have to fight this all the way. Porter: I'd, I'd like to ask you a question. Goodloe: Sure. Porter: When somebody comes and wants to rent your, your home, what's the procedure they follow. Do they pick up the keys from you and instructions or do they pick them up in a box outside the house or do they pick them up in a different place? Goodloe: If someone's going to stay at my house, they would come and see me. Porter: Okay. And they make those prior arrangements, I assume. On the Internet or by the.... Goodloe: No, no, we're not a real big cha...guide service. It's just my husband and myself. We have, we run one boat at a time. 90% of our clients are repeats. We've been in the business for 23 years. We've been fishing the same people for 15 and 16 years. That's how we make our living. So it's not, it's not like they're, you know, maybe ten percent may be new to us, but it's all referrals. So there's no, it's not like they're strangers coming from all over the place that we have no idea where they came from. Porter: Board Member Massie. Massie: Are all your renters clients? They're not rented to anybody that's isn't a client of yours. Is that correct? Goodloe: Right. Yeah, the majority of our business we take them fishing for hire. Charter service. So, this is, this is just like an extra addition to what we like to offer our clients. So we, we don't, it's a small part of our business, but a very important part of our business. Massie: You don't rent to the general public in other words. Goodloe: No, like advertise or? Massie: Yes... Goodloe: No, no, no. Absolutely not. No. It's just a, just a little addition to our business that we'd like to pursue and keep it real small and simple. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 11 Porter: Okay. Board Member Moore. Moore: Thanks. I was just going to review if I could, the original staff recommendations that were made at your Planning & Zoning meeting that your application was denied. But, there was three items that they recommended approval subject to and that was that you submit a State of Alaska business license and register to collect sales tax with the Borough. Provide proof that fire inspection has been.. conducted at the residence and meet fire code requirements and copy, and provide copy of annual tenant rules that limit activities of guests to those consistent with residential areas. Did you have any problem with those? Goodloe: No, everything, no, it's all been completed. The only thing I haven't submitted to Marilyn is the, my list of tenant rules which is in my file sitting right here. I have my fire inspection. We've been compliant with the Borough for 15 or 16 years. I believe Marilyn checked up on business license and sales tax compliance about probably about a month ago. Moore: Okay and what, I guess I'll have to ask, what, what kind of tenant rules are in your file there? Are they generated by you or did you... Goodloe: I mean, just the basics being that we don't have any dogs, no pets, no smoking inside, there's no outside burning, no fires because of the beetle problem, no fish cleaning, no muddy shoes inside, no parking on the street. Just your basic quiet time after ten. Yeah, and, and you know, the people that we take fishing, they're all self-employed, professional people. They're not a bunch of 20-year old teenagers that are partying and drinking beer. They're older, you know, just normal people. Good people. There's no parties. There's no loud music. There's no stereo at our house. There's nothing. It's just a nice quiet...may have a barbecue once and awhile. The basic rules and we've, like I said, we've been there almost nine years. We've never had, no one's ever called the police. No one's complained about anything. Moore: Okay. One more and it has to do with the staff report and that was the mention that there's a possibility that short-term rentals could be conducted for special events such as the Arctic Winter Games. Are you trying to get this permit through so that it can be rented for those, for the Games? Goodloe: That, that was my original intentions until we had a problem here a month ago. Yes. I've had a couple calls from participants in the Winter Games that are looking for rentals because there are no rentals available. So... Moore: So, would you be looking to get this application approved so that you could rent or is that out of the question now. Goodloe: Absolutely. Yeah. BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON FEBRUARY 16, 2006 PAGE 12 Moore: Out of the question now or... Goodloe: No, I, I'd like to get it approved. That was my original goal back in December so...in fact Marilyn helped me kind of fast-track it so that we could maybe possibly get it done. Moore: Thank you. Porter: Thank you. Any other questions? Is there anyone else from the general public that would like to be heard? Voice: Can we be heard again? Porter: No, one, I know... so thank you very much. Actually this concludes our hearing. What I would like to do at this time, this concludes the public testimony part, is to thank you all for attending and for, I need to remind you that the Board of Adjustment has 30 days in which to reach its decision and copies of the decision will be available on the city website and forwarded to anyone who gave testimony as well as Ms. Goodloe and Mr. Carlson. Thank you very much for attending. End of Verbatim. End of hearing. Hearing ended at approximately 6:40 p.m Verbatim transcribed by: Carol L. Freas, Kenai City Clerk BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF LARRY R. ) CARLSON AND WENDY J. GOODLOE REGARDING ) DENIAL OF CONDITIONAL USE PERMIT ) Case No. BA-06-1 I. DECISION The appeal of Larry R. Carlson and Wendy J. Goodloe is denied. II. BACKGROUND On December 21, 2005, Larry R. Carlson (d/b/a Larry's Guide Service) filed an application for a conditional use permit for 160 Richfield Drive in Kenai. The application was far a permit to allow operation of a fishing guide service and weekly lodging (cabin rentals) during the months of May, June and July with some lodging for special events. The house is located in the Valhalla Heights Subdivision which is in the Rural Residential zone (RR Zone). Cabin rentals and fishing guide services are allowed only by conditional use permit in the RR zone.1 The Kenai Planning and Zoning Commission (Commission) held a public hearing on the application on January 11, 2006. Four neighbors testified during the public hearing. All four of them were opposed to the application. After the public hearing closed, the Commission voted four to zero to deny the application. On January 23, 2006, Larry R. Carlson and Wendy J. Goodloe (Mr. Carlson's spouse) filed an appeal to the Board of Adjustment.2 The Kenai Board of Adjustment held a public hearing on the appeal on February 16, 2006. Six members of the public testified during the public hearing. Ms. Goodloe spoke in ~ KMC 22.10.010 2 KMC 14.20.290 Board of Adjustment Decision Page 1 of 7 favor of the application. Five residents of the neighborhood testified against the application. Following the public testimony, the hearing was closed. III. STANDARD ON APPEAL An appeal from the Commission is a de novo appeal. The Kenai Municipal code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken." 3 The Board does not have to defer to the finding or decision of the Commission. While the Board may take the concerns of neighborhood owners into consideration, it may not base its decision solely on neighborhood support or opposition.4 IV. DISCUSSION AND FINDINGS A. The property in question is a 1,248 square feet home in a residential neighborhood. It has two stories containing three bedrooms. The testimony at the public hearing indicated the applicants have owned the home since 1998. They have operated the business without a conditional use permit out of their home since it was purchased. The home is used to lodge the customers of their fishing guide business. When customers stay at the residence, the applicants do not stay with them. Ms. Goodloe stated at the public hearing that she and her husband had another home but did reside at the house during certain months of the year. She testified they do not store boats for their guide service at the home. She also testified that the lodging did not create much traffic and that she felt it had little impact on the neighborhood. s KMC 14.20.290(b) (2) ° South Anchorage Coalition v. Coffee, 862 P.2d 168, 172 n. 11 (Alaska 1993) Board of Adjustment Decision Page 2 of 7 Five neighbors testified against the application. The first was Loretta Pierce. She lives across the street from the subject property. Ms. Pierce testified that the guests have impacted the neighborhood. She stated they come to her house requesting to use the telephone and they have left fish on her door step (creating a bear nuisance). As a result, she testified, she has had to put a "No Solicitation" sign on her door. She testified the guests left trash that she had to pick up. She stated the applicants do not see this behavior because they are not there when guests are staying at the house. She stated the house is unused most winters. Another neighbor, Susan Carr, testified next. She has lived in the neighborhood since 1980. She stated the neighborhood has had a problem with bears for the last five years, ".. . since the guides moved into our neighborhood and started dumping fish waste and other things down our roads." She stated that in the summertime boats were heard "being banged around" at 2:00 or 3:00 in the morning. She also stated there was noise from partying and hollering at the residence during the summer. She stated it was quiet in the winter. Cathy Bush also testified. She lives across the street from the subject property. She has lived there since 1983. She said she also has been awakened by boats going down the road from the property and that the business has created a definite and negative increase in traffic. She also felt the neighborhood bear problems were very recent (i.e. after the appearance of the guide services and lodging). The next neighbor to testify was Sharell Russell. She testified there was one guide service already in the neighborhood and she did not want another one. She felt it would hurt the property values of their homes. She felt the guide services should be in recreation areas, not residential neighborhoods. Nicole Johnson also testified. She also lives in the neighborhood. She was concerned because she bought property in the neighborhood due to the fact that it was very quiet, and she Board of Adjustment Decision Page 3 of 7 did not want the neighborhood to lose its residential character. She did not want it to become a commercial area. B. KMC 14.20.150 sets forth the review criteria for granting conditional use permits. 1. The first is whether the use is consistent with the purposes and intent of the zoning districts The zoning district is RR. The RR zone is the largest zone in the City and it encompasses several large subdivisions as well as sparsely populated areas. The intent of the RR district is to provide for low density residential development "which creates a stable and attractive residential environment."6 The intent of the RR zone is also to prohibit uses that "violate the residential character of the environment." Several of the neighbors testified that the guests were loud and intrusive to the area. While the applicants disputed that testimony, Ms. Goodloe stated that she did not stay there when guests stayed at the house. Thus, she would not be in a position to observe whether her guests were loud or intrusive in the neighborhood. Ms. Pierce testified she had to clean up garbage left by guests at the house. Moreover, two neighbors testified that boats were driven to the house creating a disturbance. Ms. Carr testified that she heard boats being "banged around" at 2:00 or 3:00 in the morning. Ms. Bush testified she has been awakened by boats being towed down the road. We find that the testimony shows that the use of the premises as a guide service and lodging does violate the residential character of the environment. Because of that we further find that the proposed uses are not consistent with the purposes and intent of the RR zone. s KMC 14.20.150(d) (1) 6 KMC 14.20.080(a) Board of Adjustment Decision Page 4 of 7 2. The second criterion we must find is that the value of the adjoining and neighborhood properties will not be significantly impaired. Ms. Russell testified that she felt the addition of another guide and lodging service in the area would reduce the value of her home. That conclusion is consistent with the types of impacts described by the testimony of the other neighbors. Therefore, we cannot find that the value of the adjoining and nearby property will not be significantly impaired. 3. The third criterion is whether the proposed use is consistent with the Comprehensive Plan. The City of Kenai's 2003 Comprehensive Plan states on Page 29: The Rural Residential district includes areas that due to location or site conditions are best suited for large-lot single-family residential developments. Homes in this district typically rely on individual on- site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools and daycare facilities may be intermixed if they comply with the zoning design guidelines. Small home-based businesses may be accommodated within certain guidelines. The proposed uses are not an institutional use such as a church, school or daycare facility. We cannot find that the use can be categorized as a "small home-based business" due to the regular and frequent absence of the owners from the property. Ms. Goodloe testified that they had another house and did not live there full-time. She stated they did not stay at the house when the guests where there. Ms. Pierce testified that the house was usually empty in the winter. We find the use is that of primarily a commercial property rather than a "small home based business." Accordingly, we cannot find that the proposed uses are consistent with the Comprehensive Plan. Board of Adjustment Decision Page 5 of 7 4. The fourth criterion is whether public facilities are adequate for the proposed use. The house is not served by public utilities. However, there is no indication from the testimony that the on-site water and sewer systems are inadequate for the facility. There was no indication that the roads to the house were unable to handle the traffic. Therefore, we find the public facilities are adequate for the proposed uses. 5. The fifth criterion is whether the proposed use will be harmful to the public safety, health or welfare. The testimony is disputed on this point. Ms. Goodloe testified that no fish cleaning, partying or loud noise is allowed at the premises. There was testimony that there were fish carcasses and waste dumped which significantly added to a local bear problem. There was also testimony there were problems with noise (from both guests, and boats being towed) and partying. Again, we note that the applicants were not present during the time the guests were staying there so they are not in a position to effectively rebut the testimony of the neighbors. We find that the proposed uses will be harmful to the public safety, health or welfare of the neighborhood because of fish waste problems, partying and noise impacts. 6. The sixth criterion is not applicable because we do not feel enough specific conditions can be attached to allow the application to comply with the first five requirement of KMC 14.20.150. // // Board of Adjustment Decision Page 6 of 7 V. CONCLUSION The requirements of KMC 14.20.150 have not all been met. For us to grant a conditional use permit under that section, we must find all of the criteria have been met. Accordingly, we must deny the appeal and uphold the decision of the Planning and Zoning Commission. DATED THIS 16~' day of March 2006. Pat Porter, Chair Joe Moore, Vice-Chair Linda Swarner, Board Member Rick Ross, Board Member Cliff Massie, Board Member Robert J. Molloy, Board Member Mike Boyle, Board Member NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. Board of Adjustment Decision Page 7 of 7 "~i'~fa e with a Past, Gi with 9 ~' ~~ ,~/ ~~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 __ - .:~,. tl~e ci fi/ a J KENA1~ SKA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: May 2, 2006 SUBJECT: PZ05-29 -Conditional Use Permit -Review On June 8, 2005, the Commission granted a Conditional Use Permit to the Peninsula Oilers to hold concerts at their baseball park located at 103 South Tinker Lane. The permit was granted with three conditions. One of those conditions being that the permit was issued for one year and was to be reviewed at the end of that period. The permit will expire on June 8, 2006. Attached are a copy of Resolution PZ05-29 and the excerpts of the minutes form May 25 and June 8, 2005. In the yearly Certificate of Compliance report, it was noted that the permit was not used during the 2005 season due to the length of games and bad weather. However, it was noted the Oilers would like to maintain the permit for future use. Because the permit was not used during the 2005 season, the use has not been tested to determine if there is an adverse effect on the neighborhood. a lu! j 1 I~ 1992 DOES THE COMMISSION WANT TO EXTEND THE TEMPORARY PERMIT? IF SO, DOES THE COMMISSION WANT TO REQUIRE A REVIEW OF THE PERMIT IN ONE YEAR? <'s ti~'~~. CITY OF KENAI -_ ----~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-29 rti~~try~f CONDITIONAL USE PERMIT KENQ~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Ron Lucia, General Manager for The Peninsula Oilers USE Concert (Assembla~el LOCATED NW '/4 of Government Lot 4 - 103 South Tinker Lane (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04938217 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: Mav 4, 2005 ?. This request is on land zoned: R -Recreation ;. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: Mav 25, 2005. 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 CONCERTS (ASSEMBLAGE) 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, June 8, 2005. V / Q CHAIRPERSON: i~ / ATTEST: ~ 7n.. ~C/A,it, 0529 Res.doc Additional Conditions: Page 2 1. Concerts maybe held no later than 10:30 p.m. 2. Speakers must be pointed toward the grandstands. 3. Permit is temporary for one year and will be reviewed at the end of that period. 5-c. P205-29 -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Carver noted the following: • The application is to have concerts at the ballpark after certain games. • There are no noise restrictions in the City Code. The City Attorney and the City Planner decided that concerts should last no later than 10:00 p.m. That would be a restriction on the resolution. • There have been no complaints concerning ballpark noise • One call from a concerned neighbor was satisfied once the time limits were explained • Staff recommends approval with the 10:00 p.m. time limit. Hammelman opened public hearing. Jack V. Porter, P.O. Box 7331, Nikiski, Alaska -- Mr. Porter noted the following: • He owns three apartment buildings across from the Oilers ball park • He has no objections to concerts per se • Need 10:00 p.m. restriction • Maybe the following restrictions could be added: 1) Only Friday and Saturday nights 2) Set a maximum DB level for residential areas 3) Placement and direction of speakers away from residential areas Hammelman closed the public hearing. MOTION: Commissioner Bryson MOVED to approve PZO5-29 and Commissioner Barrett SECONDED the motion. Bryson stated he believed the issues raised by Mr. Porter had merit, however he felt uncomfortable applying them without input from the applicant. Barrett noted a discrepancy in that the staff stipulated the concerts last no later than 10:00 p.m. and the application stated games sometimes end as late as 10:00 and they would like the concerts to last an hour after the completion of the game. Carver responded by saying the concerts would only follow certain games. Barrett commented the application referred to four concerts and asked if the petitioner was aware of the 10:00p.m. deadline. Carver responded saying, as far as she knew he PLANNING 8v ZONING COMMISSION MEETING MAY 25, 2005 PAGE 4 was aware of the 10:00p.m. deadline. She added, she had not spoken to the petitioner directly, only to Planner Kebschull before she left. The permit would be revoked if the City receives too many complaints. Barrett asked if it was possible to limit the Conditional Use permit to this season only to see how it goes. Eldridge responded no and added, he believed a permit is good from year to year unless there is some reason to revoke it. Eldridge stated he did not know of any petitioners who have done it for just a year. Barrett asked for clarification on which games and Carver responded, it would only be games that would meet that 10:00 p.m. deadline. Barrett asked if a game went extra innings and a concert had been advertised, would the concert be held and Carver responded, she thought they were just going to try it. If it doesn't go over well, she did not think they would continue holding concerts. Bryson commented that DB noise levels are time related and there may be issues that need to be addressed with input from the commissioners. Barrett commented the resolution stated the Commission was authorizing the appropriate permits. He asked if the permits would be the place to define issues, like the speakers must face the stands and Carver responded she would add as an attachment everything the Commission wished to include. Eldridge stated he would like to add a second recommendation that the speakers should be directed away from residential areas. Barrett commented that if the speakers were faced north and east they would be facing the residential areas across Lawton. MOTION TO AMEND: Commissioner Barrett MOVED that one of the conditions of the permit be that the loud speakers used in the concerts point directly at the covered grand stands. Commissioner Eldridge SECONDED MOTION TO POSTPONE: Commissioner Bryson MOVED that PZ05-29 be postponed to the next regular meeting with the purpose being to provide input from the petitioner. Commissioner Twait SECONDED. VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 5 MOTION PASSED UNANIMOUSLY. Hammelman explained the issue had been postponed to June 8 with the hope that other people would be present to participate. 5-d. PZ05-30 -- An application for a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. Carver noted the following: • Applicant is applying for afour-foot side yard setback variance. The proposed garage addition would encroach approximately three feet six inches into the 15 foot side setback. • One neighbor contacted the office and asked if there was a need for a variance and was concerned with items currently stored along the property line • Recommends approval with afour-foot variance to allow for errors in construction Hammelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Barrett MOVED to approve PZ05-30 and Commissioner Eldridge SECONDED the motion. Eldridge asked where the sender of the e-mail lives. Carver didn't verify where he lives. General comment was he is an adjacent property owner. VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. 5-e. PZ05-32 -- An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision (1435 Chinook Court), Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. PLANNING 8v ZONING COMMISSION MEETING MAY 25, 2005 PAGE 6 5-a. PZ05-29 -Continued from 5/25/05 meeting - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. [Clerk's Note: There was a motion to approve Resolution PZOS-29 and a motion to amend (that one of the conditions of the permit be the loud speakers used in the concerts point directly at the covered grandstands) on the floor from the May 25, 2005 meeting.] Kebschull noted the following information: • Her initial staff report indicated a main motion was not offered, though an amending motion was made and seconded, and then a motion to postpone. In researching the record further, it was found there was a main motion and the order of motions was correct. • A public hearing was held and closed at the May 25 meeting, but all the surrounding property owners were notified the public hearing could be reopened. • Commission comments made at the May 25 meeting were forwarded to Ron Lucia, General Manager of the Peninsula Oilers. Lucia responded to Kebschull via email to answer the Commission's concerns. His email was included in the packet. • She requested the Commission review each issue noted in Lucia's response and make a separate recommendation for each issue. • The Kenai Municipal Code allows limits to be placed on permits which can be reviewed at a later date. • Reminded the Commission Conditional Use Permits, once granted, go with the land. Chairman Glick instructed the audience, those wanting to speak would be given five minutes; questions/comments should be directed to the Chair; and each speaker was to sign in and state their name and address for the record. The public hearing was opened. Mel Ogle -- 115 Deepwood Court, Kenai. Ogle stated his objection to the request, noting concern the music would not stop at 10:30 and would go later as well as parking and traffic concerns. Ogle suggested the music be held before the games. There were no other requests to speak and the public hearing was closed. Glick noted, a motion to amend the main motion to include one of the conditions of the permit be the loud speakers used in the concerts point directly at the covered grandstands was on the floor from the May 25 meeting. Glick referred to each concern noted at the last meeting and read Lucia's response. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 3 Time Limit/ 10:30 p.m.: Commissioner Eldridge stated he did not find the request objectionable as the season was only six weeks long. Speaker Positioning: Commissioner Bryson stated the intent of the motion was not so much to conform to the situation as existing, but to control the sound instead of broadcasting it, i.e. reducing the noise and control it. He noted, he was open to suggestions for a better way of doing it. Eldridge stated they would be using the same speakers used for their public address system. There had been no complaints until this time and didn't feel it would be an intrusion on the neighborhood. Decibel Levels: Glick suggested the decibel level could be a condition on the permit, giving it a one- year trial and reviewed by the Commission at the end of the trial year. If it was found the decibel level to be dissatisfactory, the permit could be rescinded. Commissioner Amen stated 'reasonable' would be hard to define and using the speakers for music was opening another arena. Bryson stated some care may have to be taken in setting decibel levels for an event continuing for an hour. Glick noted the frequency of holding the events was also a concern. Commissioner Twait suggested, since the game schedule was already set, the Commission could set the days it would be allowed. MOTION TO AMEND: Commissioner Bryson MOVED to amend the main motion to allow the activities to continue until 10:30 p.m. and Commissioner Eldridge SECONDED the motion. VOTE ON MOTION TO AMEND TO ALLOW THE ACTIVITIES TO CONTINUE UNTIL 10:30 P.M.: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION TO AMEND RELATING TO POSITIONING OF LOUD SPEAKERS (TO BE POINTED DIRECTLY AT THE COVERED GRANDSTANDS AS THEY ARE POSITIONED CURRENTLY): PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 4 Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Eldridge MOVED to amend the permit to include a conditional use for a one-year period after which time it would be reevaluated and Commissioner Twait SECONDED the motion. Kebschull explained, the Commission could place any condition on a permit they believed would eliminate or alleviate any impact and allow the permit to be reviewed in one year. VOTE ON MOTION TO AMEND TO INCLUDE AONE-YEAR PERIOD FOR REVIEW: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: VOTE: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen No Barrett Absent Glick Yes MOTION PASSED. Glick informed the public, the issue was subject to a 15-day appeal period and appeals must be filed in writing with the City Clerk within the 15 days. 5-b. PZ05-34 - An application for a Conditional Use Permit for a Recreational Vehicle Park for the property known as U.S. Survey No. 678 Amended (810 Childs Avenue), Kenai, Alaska. Application submitted by Jay Cherrier, Managing Partner, Port of Kenai LLC, 2404 Boyer Avenue East, Seattle, WA 98112. Kebschull reported the following: PLANNING 8v ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 5 7~ STAFF REPORT To: Planning & Zoning Commission Date: May 10, 2006 Res: PZ06-35 GENERAL INFORMATION Applicant: Larry & Tona Bravo 283-5276 104 Beech Avenue Kenai, AK 99611 Requested Action: Home Occupation -Quilting Business Legal Description: Lot 1, Block H, Woodland Subdivision Part 1 Street Address: 104 Beech Avenue KPB Parcel No.: 04325039 Existing Zoning: RS -Suburban Residential Current Land Use: Residential Land Use Plan: Neighborhood Residential ANALYSIS General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. The Bravos are proposing to operate a quilting business from their cabin adjacent to their house at the above location. The applicants constructed a 16-foot x 24-foot cabin in 1997. At that time, the building was used as a mother-in-law house, an allowed use under KMC 14.20.190(a) Principal Structures. Use of this structure for a business is allowed under KMC 14.20.230(d)(3). KMC 14.20.230(d)(2) states "no more than thirty (30%) percent of the gross floor area of all buildings on the lot shall be used for the home occupation. " The total square footage for all structures on this lot is 2,600 square feet (2,600 x 0.30 = 780 square feet). The cabin is 384 square feet, which is under the allowed requirements. The business is described as providing quilting for clients. Applicants note clients would drop of quilts to be quilted using a custom quilting machine. There will be no employees. At times there may be one to two clients dropping off or picking up quilts from the residence. There is sufficient off-street parking. 0635 Comment Page 2 Kenai Municipal Code specifically allows dressmaking and millinery as home occupations. In the past seamstress has been considered similar to these occupations and allowed as a home occupation. Based on the description of the proposed business and activity as result of the business, it is believed that the quilting business satisfies the requirements for a home occupation. RECOMMENDATIONS Recommend approval with the following recommendations: 1. Register for sales tax with the Kenai Peninsula Borough. 2. Obtain a State of Alaska Business License. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-35 2. Application 3. Drawings ~~-~~~~~ CITY OF KENAI _- ~ PLANNING AND ZONING COMMISSION ,~ f RESOLUTION NO. PZ06-35 then o HOME OCCUPATION PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Quilting Business (Type of Permit) OPERATED BY: Larrv and Tona Bravo LOCATED: 104 Beech Avenue, Lot 1, Block H Woodland Subdivision Part 1 KENAI PENINSULA BOROUGH PARCEL NO: 04325039 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230 has been submitted and received on Mav 4, 2006. 2. That the application has been reviewed by the Commission at their meeting of May 24, 2006 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 3. That the following additional requirements have been established by the Commission as a condition of permit issuance: a. Register for sales tax with the Kenai Peninsula Borough. b. Obtain State of Alaska Business License. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 24th day of Ma 2 Chairman: ATTEST: "!/c'~~a e with a Past, Gi with a Futr~re" 9 ~' 210 Fidalgo Avenue, Kenai, Alaska .99611-7794 =~`-~ ~~~ Telephone: 907-283-7535 /FAX: 907-283-3014 1 IIII -_ - _.. _:_ ._ _ ,. _ 199 t~1eL1~Uf KENAI~ SKA HOME OCCUPATION PERMIT APPLICATION DATE: ~ ~/ NAME: _1-~I.:~ ~-~G1,~ ~~-1~`j~ PHONE: ~~ - ~v`~ ~~ -- , MAILING ADDRESS: Q ~ ~ U 6'l~(, ~ Q ~~ PHYSICAL ADDRESS: ~(~ ~ ~~`~C~.I~~Q, ~(~Gti~.l ~ ~~G~'c~ LEGAL DESCRIPTION: L 11'l Oc~.~~C~ ~ ~ I PARCEL NUMBER: ~~ ~ ~ ~ ~ ~~ ZONING: 5 D ~S Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: OF OCCUPA Not more than one person outside the family shall be employed in the home occupation. No more than 30% of the gross floor area of the buildings on the lot shall be used for the home occupation. Submit a site Ulan showing square footage of all structures on the lot, including the residence and any accessorv structures In addition, show parking areas and traffic patterns. Clearly mark the area to be used for the home occupation. The home occupation shall be carried on wholly within the principal building, or the building, which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. RECEIVED MaY ~ ~fi ~~ MTt,~1~~?+~~= iK1M ~~ Applicant's Signature; Date: ~_ ************ Application reviewed and approved by: Approved by the Planning & Zoning Commission: Planning & Zoning Official Date . : " .,,,. o., . , ;3' ^O Q ~~ ~' O If C `SS9 ~ e~F R 6~~ ~g -. 6 A8 ~ \ O R~~ AVE. 0 t~ 0 0 z N89'59'00"W Existing building location per Asbuilt drawing prepared by McLane in 1/12/78. Rc ~\g3, 160 00, LEGEND AND NO S ® set ,/z" Rebor NORTH • Found 5/8" Reber 99.5 Typical Elevation ~ Drainage Flow SCALE 1" = 30' 1) It is the responsibility of the owner or builder, prior to construction,.' to verify proposed building grade relative to finished grade and utililles connections, and to delermine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. 2) Il is the properly owner s responsibllty to have the property corners physically located and marked by a state registered land surveyor and make sure that the structure is accurately placed on the site os per the submitted site plan. 3) This drawing depicts preconstruetion conditions as identified by the owner or builder and will not sulfite as an as-built representing post contruction conditions. 4) the building setbacks depicted in this drawing are outlined in the Kenai Zoning Code, Chapter 14.20. 5) Thls lot Is served by city water and sewer. ~~~~ OF A(q ~~l ~*:' ~ ~ x.......49 ~ ............:•. * i %~.• . s ori• ~f~~~~ ~~~ ~'•. 928- . •' ~e'~ .~ III CFO Z.I.. lj~a~y~ ~) ~fss~oNn~ ,~~ ~~\~~~~~ PLOT PLAN LOT 1 BLOCK H WOODLAND SUBDIVISION PAR T ONE McLANE TESTING P,0, Box 468 Soldotna, Ak 99669 DRAWN BY.• MSM Prepared For. 'bona Bravo 104 Beech Ave. Kenai, AK 99611 DA ~;. 5/15/97 MSM DRAW7NC NO.: 971507 971507 SHEET 1 OF 1 4} ,~ • O ~~ • ~~ ~ C O O W i i .\ ~J ~ Q ~i d-~o I~~~ Oi~ ~ i~ ~i J 4 ~ N „0-,91 ' q~ AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 17, 2006 7:00 P.M. KENAI SENIOR CENTER http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Presentation/V.F.W. Poppy Week Proclamation 2. Tom Adams, Lounsbury 8a Associates -- Wal-Mart Project Update. 3. Phil Bryson/Casey Madden, Wince-Corthell-Bryson -- Airport Runway Project Update. 4. Ricky Gease, Kenai River Sportfishing Association, Inc. -- Management Oversight Reports and Economic Information of Upper Cook Inlet Salmon Fisheries. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS /ah'~°~ ~ , 1. Ordinance No. 2160-2006 -- Increasing Estimated Revenues and Appropriations by $28,000 in the Airport Land System Special Revenue Fund for Utilities. ~Q~~ ~ 2. Ordinance No. 2161-2006 -- Increasing Estimated Revenues and Appropriations by $21,000 in the Terminal Enterprise Fund for Utilities. .~. ~„ ~~5~ ~ 3. Ordinance No. 2163-2006 -- Enacting KMC 7.05.035, Adopting a Community Purposes Property Tax Exemption as Authorized by AS 29.45.050. ~~ ~. 4. Ordinance No. 2164-2006 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvement Capital Project Fund for Engineering Services. ~~ 5. Resolution No. 2006-20 -- Authorizing the Amendment of the city of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective May 3, 2006. (Clerk's Note: Consideration of Resolution No. 2006-20 was postponed from the May 3, 2006 meeting. An active motion to approve Resolution No. 2006-20 is on the floor. ~~o~ ~, 6. Resolution No. 2006-26 -- Supporting a Gulf of Alaska Groundfish Rationalization Plan that Maintains Open Markets, Free Trade, and the Movement of Commerce for Fisheries Resources Within the State of Alaska. ~~~~~~ 7. Resolution No. 2006-27 -- Awarding the Bid to Emulsion Products Company for 2006 Dust Control, Rental of Asphalt Distribution Truck and Furnishing CSS-1 Emulsified Asphalt for the Total Amount of $46,800. ~h~u 8. Resolution No. 2006-28 -- Transferring $12,000 in the Water and Sewer Fund for Supplies. ITEM F: MINUTES ~~ ~~! 1. *Regular Meeting of May 3, 2006. 2. *Notes of Budget Work Session of May 2, 2006 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified ~pprpy~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2165-2006 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. 4. *Ordinance No. 2166-2006 -- Increasing Estimated Revenues and Appropriations by $3,800 in the Senior Citizen Title III Grant Fund for Senior and Disabilities Training. 5. *Ordinance No. 216T-2006 -- Increasing Estimated Revenues and Appropriations by $4,210.00 in the General Fund to Pay for Improvements to Police Department Report Writing Stations and a Computer Projector. 6. *Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. 7. *Ordinance No. 2169--2006 -- Transferring $125,000 From the FY2006 Public Improvements Capital Project Fund to the Boat Launch Capital Project Fund and Transferring $100,000 From the Boat Launch Capital Project Fund to the General Fund. ~~~~~ 8. Approval -- Consent to Assignment of Lease/Lots 2 & 3, Block 5, General Aviation Apron/Geneva Stasek to Wendy McGahan, Lynn Dydema and Gwen Woodard d/b/a Kenai Fabric Center, Inc. ~p~j"~/~ 9. Approval -- Termination of Lease -- 20/20 International, Inc. and John C. & Marie L. Parker/Lot 11, Block 1, F.B.O. Subdivision. ~~prOYP.o~ 10. Approval -- Assignment of Lease for Security Purposes, Lots 10 & 11, Block 1, Etolin Subdivision No. 3 -- Rockwell G. Smith, d/b/a Preferred Plumbing & Heating. /`'~/orv~~r' 11. Approval -- Renewal of Six Shore Fishery Leases. 12. Discussion -- Proposed Shamrock Circle L.I.D. -- Report of City Manager to Council. /~/p ~.¢rpy! 13. Approval -- Cost of Living Salary Increase/City Clerk and City Attorney ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council J~9~~pD~eoC ~ ~fai/o~ EXECUTIVE SESSION -- Evaluations of City Attorney, City Clerk and City Manager. ITEM M• ADJOURNMENT 0 qb KENAI PENINSULA BOROUGH PLAT COMMITTEE SOLDOTNA CITY HALL CITY COUNCIL CHAMBERS 177 N. BIRCH STREET SOLDOTNA, ALASKA 5:30 p.m. May 22, 2006 Tentative Agenda MEMBERS: Dr. Rick Foster Homer City Term Expires 2007 Bonnie Hembuch Soldotna City Term Expires 2008 Brent Johnson Kasilof /Clam Gulch Term Expires 2006 Mark Mansion Seldovia City Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Philip Bryson Kenai City Term Expires 2007 James Isham Sterling Term Expires 2006 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. May 8, 2006 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Alfred Anderson No 5 KPB 2006-100 [Imhoff/Broshes, Lowney] Location: City of Homer 2. Rolling Meadows 2006 Addition KPB 2006-102 [Imhoff/Hambtick, Cassell] Location: East of Homer K-Bay APC 3. General Aviation Apron Subdivision No 4 N/C KPB 2006-101 [Tinker/City of Kenai, Caldwell] Location: City of Kenai 4. Westgate Subdivision KPB 2006-104 [McLane/Franke] Location: City of Soldotna 5. Sungate Park Subdivision Scheitser Addition KPB 2006-107 [McLane/Scheitser] i ~- $''* ~ '.3 `;:~.~ Location: City of Kenai 6. Moose .Range Meadows Subdivision Agrium Addn. KPB 2006-108 [McLane/Agrium] Location: South on Keystone Drive ~.. 7. Pacific Park Too KPB 2006-105 [Anderson/Story] Location: East of Whiskey Gulch St in Anchor Point Anchor Point APC 8. James Thomas Oliver Homestead No 3 KPB 2006-110 [Seabright/Collins/Marsh] Location: West of Sterling Hwy in Homer K-Bay APC 9. Glenwood Subdivision McCormick Addition KPB 2006-112 {Johnson/McCormick] Location: South of Oil Well Road in Ninilchik 10. Kathleen Acres KPB 2006-114 [Integrity/Herring] Location: End of Brown's Lake Road 11. Forest Glen Ingle Replat (Revised Preliminary) KPB 2006-095 [Ability/Ward, Ingle] Location: City of Homer F. FINAL PLAT PUBLIC HEARING 1. Zephyr Field Estates Part Five (Final Plat) KPB 2006-088 [Integrity/Hall] Location: Between Merrywood Avenue and Jones (Stub) Road 2. Lowell Field (formally Lowell Airpark) Phase 1 -KPB 2006-115 Phase 2 -KPB 2006-116 [Ability/Quality Services tnc./Haeg] Location: East of Stering Hwy in Anchor Point Anchor Point APC G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT 2 NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held June 12, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planningCcDborough.kenai.ak.us web site: www borough kenai.ak.us/planninadept KENAI PENINSULA BOROUGH PLANNING COMMISSION CITY COUNCIL CHAMBERS SOLDOTNA CITY HALL 177 N. BIRCH STREET SOLDOTNA, ALASKA May 22, 2006 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2008 Bonnie Hembuch PC Member Soldotna City Term Expires 2008 Lynn Hohl PC Member Seward City Term Expires 2008 William Hutchinson PC Member Ridgeway Term Expires 2007 James (sham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Bfair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. CALL TO ORDI=R B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item wilt be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Requests a. Moll Tracts Atchison 2005 Addition KPB File 2005-076 [Johnson/Atchison] Location: Off Sports Lake Road in Soldotna b. K-B Subdivision Part Ten KPB File 2005-112 [McLane/Ballard] Location: East of K-Beach in Soldotna c. Bolstridge Kenai River Subdivision Baer Addition KPB File 2005-094 [Johnson/Baer] Location: South of Scout Lake Loop in Steliing Box Canyon-Gentles Whitney's Replat No 2 KPB File 2004-167 [IntegrityNandeusen] Location: West of Old Exit Glacier Road in Seward *2. Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) *4. Plat Amendment Request *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences Todd Petersen a. Bill Hutchinson, Ridgeway PC Member East Peninsula *7. MlnuteS Term Expires 2007 Ray Tauriainen a. May 8, 2006 Plat Committee Minutes PC Member Nortnwest Borougn b. May 8, 2006 Planning Commission Minutes Term Expires 2008 D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.} E. UNFINISHED BUSINESS F. PUBLIC HEARINGS Max J. Best Planning Director 1. Vacate Ji-Anna Loop, a 60-foot right-of--way dedicated by Ji-Anna Subdivision Phase 2 (Plat KN 2004-82) and associated utility easements; John wiaiams within Section 5, Township 5 North, Range 9 West, Seward Meridian, Alaska; Borough Mayer and within the -Kenai Peninsula Borough. KPB File 2006-090; Petitioners: James D. and Anna B. Lipps of Soldotna, Alaska; Location: North of Robinson Loop Road 2. Vacate Trenchant Street, a 60-foot right of way, dedicated by Miller Homestead Subdivision (Plat KN 96-05); within Section 19, Township 7 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-092.; NOTE: Alternate Right of Way is proposed to be dedicated; Petitioners: Sharon K. Lamm of Salem Oregon, Sandra Jones, Johnnie Stolz 8~ Philip Stolz of Nikiski, Alaska; Location: South of Bastien Drive in Nikiski 3. Ordinance 2006-24 Authorizing Negotiated Leases of Space at the Kenai River Center Building Wdh the State of Alaska, Department of Natural Resources, and the United States Environmental Protection Agency Through the General Services Administration. 4. Ordinance 2006- 25 Authorizing the Conveyance of Lot 1, Block 8 and Lot 2, Block 7 Fairview Subdivision, according to Plat No. 56-2936, Homer Recording District to the City of Homer in exchange of a 99-year lease of the South Peninsula Hospital 5. Resolution 2006-25; Conditional Land Use Permit for a material site in the Ninilchik area. KPB 18505024, Site #1 Location: NE1/4 SE1/4, SE1/4 NE1/4, NW1/4 NE1/4, NE1/4 NE1/4 SOUTH OF THE RIVER, S18 T2S R13W, Seward Meridian; Site #2 Location: W1/2 NE1/2, W1/2 SE1/4, NE1/4 SW1/4, S19 T2S R13W, Seward Meridian; Parcel 12,400 acres, 320 acres (approx) proposed for excavation. Owner /Applicant: Ninilchik Native Association. 6. Resolution 2006-26; Conditional Land Use Permit for a material site in the Ninilchik area. KPB 18505405, T02S R13W S22, Seward Meridian, that portion of the N1/2 8~ N1/2 S1/2 8~ N1/2 S1/2 S1/2 lying southwest of Oil Well Road except that portion of USS 9469 Lot 2; 237 acres, portion to be Material Site 40 acres; Owner /Applicant: Ninilchik Native Association. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Resolution 2006-27; Conditional Use Permit Pursuant to KPB 21.18 for an additional 32-foot by 3-foot elevated light-penetrating (ELP) gratewalk for a total of 72-feet of ELP gratewalk along or parallel to the river. This work will occur along the left-bank of the Kenai River at river .mile 17.4 on Lot 3A, Block 2 in Jake Estate Subdivision, Berg Addition, Section 30, T5N R10W, S.M., AK, (KPB Parcel ID: 055-370-38). 2. Resolution 2006-28; Conditional Use Permit Pursuant to KPB 21.18 for an additional 24-foot by 4-foot elevated light-penetrating (ELP) gratewalk for a total of 48-feet of ELP gratewalk along the river. This work will occur along the right bank of the Kenai River at River Mile 33.8 adjacent to Lot 9, Bolstridge .Kenai River Subdivision, Section 23, T. 5 N., R. 9 W., S.M., AK, (KPB Parcel LD.: 063-170-21). H. VACATIONS NOT REQUIRING A PUBLIC HEARING I. SPECIAL CONSIDERATIONS 1. Happy Valley Country Homes Subdivision Tract 5 Bldg. Setback Exception KPB File 2006-109 Resolution No 2006-23 Petitioner: Lonnie N. Evans Location: Ninilchik area 2. Diamond Ridge Estates Unit 2 Lot 56 Plat Note Restriction Removed KPBfile 2006-113 Resolution No. 2006-24 Petitioner: Eric and Christy Johnson Location: End of Brown's Lake Road J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 11 preliminary plats and 2 final plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. City of Kenai Planning & Zoning Commission Minutes -May 10, 2006 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held June 12, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. 3 ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Cooper Landing Cooper Landing Community Hall June 14, 2006 7:30 p.m. Anchor Point Anchor Point June 7, 2006 7:00 p.m. Chamber of Commerce The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: plannina _,borough.kenai.ak.us web site: www borouah kenai ak.us/planninadept 11a STAFF REPORT To: Planning & Zoning Commission -File Date: May 12, 2006 Res: PZ06-36 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Richard McCartan 283-4148 Kenai Veterinary Hospital 10976 Kenai Spur Highway Kenai, Alaska 99611 Landscape Site Plan Lot 7, Block 4 Fidalgo Commercial Center 10976 Kenai Spur Highway 04337007 CG -General Commercial Commercial Use City Center General Information: KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai. Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements. Applicant is applying for a building permit for an addition to the existing building located at 10976 Kenai Spur Highway. Current landscaping and parking meet the Landscaping/Site Plan requirements. If a dumpster is placed on the property it should be located in an obscure location and screening will be required. City Engineer: Drainage and snow storage area appear adequate. Street access points remain the same. Building Official: Parking requirements are provided and applicant indicates dumpster will be screened with block. RECOMMENDATIONS Plan as submitted meets the landscaping/site plan requirements and is approved with the following requirement: 1. Dumpster must be screened. 0636 Comment Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-36 2. Application 3. Site Plan Page 2 -LN~~~. CITY OF KENAI ~~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-36 ttie a'ty of LANDSCAPE/SITE PLAN PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING- SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was: • Received by: Nancy Carver, Planning & Zoning Assistant • Submitted by: Richard McCartan • Submitted for: Kenai Veterinary Hospital • Property Address: 10976 Kenai Spur Highway • Legal Description: Lot 7, Block 4 Fidalgo Commercial Center Subdivision • Parcel No.: 04337007 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN IS APPROVED. vi wed and ap oved: r Date: ;D Cz^, b= ~~ ~m ~n ~c ~~ bD ;r x~ 3 ~ m I I I / `~ S7g•iB'S9•p~ I ~. / ~ 4 / /~ -_--__- ~ I' ~ ' / ~ I ~ I 1 i I ~ 1 ~ I I ~ Imo.. -i n 1 I ~ ~ i ~ ~ N FN ~i c i b '~ n i ~~~ - 1 ~ ~ Sc i ~ 1 i ~ ~ / ~ - ~ _ i i i 1 ~ ~ i . 1 -r I / n ~ ~ ~ ~ ~_ ~ ~ ,J ~3~ s• N 1~ ~ 1 ~~ ~ ' _~ _' IW F W ~~ _ -0 I .L~ p C P~ 19 /~ • ~ ~ ~ ~ ~/~~ 13 14 15 1 7 18 I / '~• ~ ~- ~ I "~ rn eu ~- ~ z 9 / # AAA ` .J ~ g 6 F F 6 ' •~~ mx ~ ~ m /41 •~ • • ~' • - I /. •`/4• • •• ~ ~~ • \ -~ ~wa~/ \ ~a6 i ~~a6~~/ An mn _ ~ D ~ _ ° $ o = A x KLAUDER & COMPANY - c .. ;~ g ARCHITECTS INC KENAI VETERINARY HOSPITAL ~~ ,'Sw ~'~ ;_ ~ , . 606 Pete W ~~,E„,: ~ :~;• ~ ~ \ reen ay Kenai, Alaska 99611 10976 Kenai Spur Highway ~f ~~ "g ~ ,~; ~ ~ ~ Tel (907) 263-1919 Faz (907) 283-0450 klautler~eleske net Kenai, Alaska 99611 ~,,, ~ ~° . cno~cct: (907) 283148 n . :;~ ,, .;. 't idelancxs iv o........` - ................ ~1t011I All ~PIt ~~ ~~jPBP ~r88P11tS that the State of Alaska, pursuant to A.S. 38.05.320, as amended and the rules and regulations promulgated thereunder, and in consideration of:...........__ ......_ A Ptunicioal Preference Right and other good and valuable consideration, does hereby grant to: ..._ _. .................................................... _.... _ ................._...._.............................................CITY OF KENAI P, 0. Box 580 ,.: Kenai, Alaska 99611 its heua and assigns, those Tidelands lying seaward of the mean high tide line in Cook Inlet , ..........................................................:.. State of Alaska, described as follows: The area known as Alaska Tideland Survey"(ATS) 272, approved December 31, 1974, and containing a net area of 2,752.077 acres more or less. Excluded from this conveyance are those areas described and shown by ATS 98, ATS 114, ATS 115, and Lot 2 of U.S. Survey 4563. `-` The meanders of mean"high water as shown on the Plat of Survey for Alaska Tidelands Survey No. 272 are for .survey computations and data only. The seaward. boundaries of land adjoining the line of mean high water shall be the natural meanders. Subject to existing issued leases and rights of. way under terms and ' conditions entered into by the State. I ~ ~~, .. ,,, ~_ rr) I cD I s~ ~ i ~.i~ ~ 1 i i ~ I p ~ , ~ ~ ~ ~ -- VQ ~ I ~; ~ = v of ~ ~ ~ 'I ~ I ~ ~ O -1 ~ ~ <„ . 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CL «3 h `- h W ~ U Q U U` b w v~ v~ `~ "l/c'~~a e wit1~ a Fast, ~i' w~t~t a Future ~r ,t-.~;~':~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,,~ _~ -- T~ ~ Telephone: 907-283-7535 /FAX: 907-283-3014 (III _._ _- ___ _ _. 1992 tl~ecityaf KENAI, ALASKA ^ ^ TO: The Planning & Zoning Commission ~, , FROM: Marilyn Kebschull, Planning Administrato DATE: May 18, 2006 SUBJECT: Work Session -June 14, 2006 Attached is a copy of a memo sent to City Attorney Graves regarding the proposed Mixed Use zone. Attached to the memo are copies of the sections of the code showing the Commission's recommendations for development in the new zone. Please review the information in preparation for the work session on June 14th. At the work session, I will present staff's recommendations for the proposed zone. It is hoped we can finalize the proposed ordinance and set a public hearing to proceed with a recommendation to City Council. Attachments ~`' ;! "1/c'~fa e uJit~t a Past, Gi wit~t a Future" ~~;;~~`~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 t~ -.~-~ Telephone: 907-283-7535 /FAX: 907-283-3014 (I`I '~- 1992 tl~e cc'ty o f KENAI. ALASKA MEMO: TO: Cary Graves, City Attorney FROM: Marilyn Kebschull, Planning Administrator DATE: March 17, 2006 SUBJECT: Proposed Mixed Use Ordinance The Planning & Zoning Commission held several work sessions over the past months drafting a proposed mixed use zone. As you and I discussed, the Commission went through each section required for a zone and have made recommendations for those sections. The Commission did not complete the "intent" section. It was my understanding that you would propose a suggested intent for the zone after the Commission recommended permitted land uses. Attached is the draft of each section. The following is an overview of the sections and questions that arose during the work sessions: • The Commission selected an area for inclusion in the zone. See the attached map. The Commission would like the zone to exclude those properties zoned conservation and education within the zone. How do we accomplish that? • The Land Use Table is attached with proposed uses. With residential uses, the Commission listed Footnote 21 as a requirement. They would like to include all development requirements for the TSH/RU zones to residential development in the MU zone. There was a suggestion to accomplish this, we could amend Footnote 21 to read, "Development for the use shall be the same as those listed in the "Development Requirements Tables" for the RU/TSH zones." The concern was that in addition to setbacks, we should require a minimum lot size, lot coverage, and height Proposed Mixed Use Ordinance Page 2 requirement for residential uses for new developments. • During the review of the Land Use Table, the Commission noted other changes to recommend to listed uses: o Automotive Repair/Tire Recapping/Rebuilding -remove Tire Recapping/Rebuilding o Remove Sanitariums and replace use with Assisted Living o Farming/Gardening and General Agriculture -remove Gardening and • The Commission is recommending that the following definitions be added to Title 14: o Farming, "A tract of land cultivated for the purpose of commercial agricultural production." o Agriculture, "The science, art, and business of cultivating soil, producing crops, and raising livestock; farming." o Assisted Living, "A living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication." o Hospital, "An institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured." o Assemblages, "A collection of people." This will require an amendment to KMC 14.20.320. • Recommendations for the district's sign uses are shown on the attached table. The information from the table will need to be included in the text of the chapter. Major recommendations were: o Free-standing or marquee sign - 64 square feet. o Roof signs would not be allowed. o Maximum height would be 12 feet above adjacent ground level. The Commission discussed possibly allowing a greater height for signs that were landscaped or a monument-type sign. I told them I would ask your opinion in this area. My opinion is that it could get to convoluted as to what type of signs would be allowed additional height. o There was quite a bit of discussion regarding bulletin boards. It appears that churches, schools, etc. could have multiple bulletin boards in addition to their other permitted signs. Could you review this and give me your opinion? If that is the case, I think we should consider amending the code. I don't believe that was the intent. After you've had an opportunity to review this information, can we schedule a meeting and decide how to proceed? Thank you. 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C7 y ~ ~k f# ¢ wU ~' ~ Zx a V a L a 'b P;~ V a ,C v i ' ~ i a L V ~ c ; ~ , rn ~ ~ M ~ ~ "" a U •~ d c .y O U U ~ d ~ F o y N ~ ~ ~ ~ °' ~ O ~' o w Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. 2. One (1)single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; £ The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) 21. Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. Minimum lot area requirements. KEY: N=Not allowed DEVELOPMENT REQUIREMENTS TABLE Zonin Districts USES C/RR RRl RS RS1 RS2 RU/TSH IL/IH/CC/CG/MU R ED LC MINIMUM LOT AREA (square feet See individual Single/Two/Three sections of Code for Famil Dwellin 20,000 20,000 7,200 12,500 7,200 7,200 re uirements 20,000 20,000 12,500 Four Family Dwellin 20,000 22,400 9,600 N N 7,200 N N 12,500 Five Family Dwellin 22,400 N 12,000 N N 7,200 N N 12,500 Six Famil Dwellin 24,800 N 14,400 N N 7,200 N N 12,500 27,200 + 16,800 + 2,400 for 2,400 for Seven or More each unit each unit Famil Dwellin over 7 N over 7 N N 7,200 N N 12,500 Footnotes: (1) Listed square footages are the minimum required for each zone. (2) Greater lot square footages maybe required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. (3) Minimum lot size for non-residential uses in ED zone is 40,000 square feet. General Requirements. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICT USES C/RR RRl RS RS1 RS2 RU/TSH IL/IH/CC/ CG/MU R ED LC MINIMUM LOT Width feet 90 90 60 60 60 60 90 90 90 MINIMUM LOT Size feet Front' 25 25 25 25 25 10 25 25 25 Side Z One-Story s Day-light Basement/Split Leve13 Two-Stor a 15 15 15 5 10 15 5 10 15 5 10 15 5 10 15 5 5 5 4 See individual sections of Code for requirements 15 15 15 15 15 15 15 15 15 Rear 20 20 20 20 20 104 20 20 20 Maximum Lot Covera e 30% 30% 30% 30% 30% 40% 30% 30% 30% Maximum Hei ht feet 35 35 35 35 35 35 Footnotes: (1) Provided that the minimum front setback is measured from any right-of--way or access easement. (2) Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will distinguish single and two-story portions of building to verify setback distances are met. (3) Story is the portion of the building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below aone-story is considered aone-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface a of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. 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