HomeMy WebLinkAbout2006-09-27 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
September 27, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Excused Absences
Commissioner Eldridge
Commissioner Wells
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *September 13, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ06-63 - An application for a variance for principal structures for the property known
as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application submitted
by Steve Voth, P.O. Box 2227, Soldotna, Alaska.
b. PZ06-64 - An application for a Conditional Use Permit for cabin rentals for the property
known as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application
submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
Agenda
September 27, 2006
11. INFORMATION ITEMS:
a. Zoning Bulletin (9/10/06)
b. CMU Ordinance No. 2185-2006
c. Landscape/Site Plan PZ06-49 Revised
d. Planning & Zoning Meeting Cancellations
12. COMMISSION COMMENTS & QUESTIONS:
Page 2
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
September 13, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Excused Absences
~ Commissioner Romain
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *August 23, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
a. KMC 14.20.105 - Townsite Historic (TSH) Zoning District -Discussion
7. NEW BUSINESS:
a. Zoning Amendment -Tinker/McCollum to Swires Drive -Discussion -Requested by
Chairman Eldridge
b. November and December Meeting Schedule -Discussion
c. *PZ06-60 -Application for a home occupation permit for a daycare for the property
known as Lot 5, Block 1 For Pete's Sake Subdivision (110 Aleene Way), Kenai, Alaska.
Application submitted by Polly M. Conaway, 110 Aleene Way, Kenai, Alaska.
d. Central Mixed Use Zone (CMU) -Rezone -Discussion
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a. Zoning Bulletin (8/25/06)
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
SEPTEMBER 13, 2006
?:00 P.M.
CHAIR BARRY ELDRIDGE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Eldridge called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: B. Eldridge, P. Bryson, R. Wells, R. Fullinck, J. Jenckes
Commissioners absent: J. Twait, S. Romain (excused)
Others present: Councilperson R. Ross, City Planner Kebschull, Contract
Secretary B. Roper
A quorum was present.
1-b. Agenda Approval
MOTION:
Commissioner Wells MOVED to approve the agenda and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
1-c. Excused Absences
• Commissioner Romain
1-d. Consent Agenda
MOTION:
Commissioner Jenckes MOVED to approve the consent agenda as submitted.
Commissioner Fullinck SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 2: APPROVAL OF MINUTES -- August 23, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS -- None
ITEM 6: OLD BUSINESS
6-a. Discussion -- KMC 14.20.105 - Townsite Historic (TSH) Zoning District
Chairman Eldridge reiterated his desire for more restrictive construction requirements
within the Townsite Historic District Zone, specifically having to do with design.
Discussion followed with comments including:
• The area had already experienced various and mixed construction
activities with no stipulations and precedence had already been set.
• Concern expressed with the boarded and deteriorating historic structures
and where funding options were available to revitalize them. It was noted steps were
being taken to have those structures relocated, etc. and grants may be available to
rebuild the structures.
• No boundary or border is apparent in the Historic District and it is
difficult to distinguish exactly where the area is.
• A historic survey is available which includes various building timeframes
and when they gained historic status.
• Suggestion a work session be scheduled to discuss the issue.
• The City maintains a Certified Local Government status which allows
access to a local archeologist and architect who volunteer their services as a review
committee when needed.
A work session was scheduled following the October 25, 2006 regular Planning 8v
Zoning Commission meeting. Administration will invite Architect Bill Kluge and a
representatives of the Historic Society to attend the work session.
ITEM 7: NEW BUSINESS
7-a. Discussion -- Zoning Amendment -Tinker/McCollum to Swires Drive
(Requested by Chairman Eldridge)
Eldridge requested comments of the Commission related to possibility of rezoning the
area from Tinker/McCollum to Swires Drive to Limited Commercial. After discussion
it was the general consensus to postpone any decision to rezone in this area. City
Planner Kebschull noted no feedback had been received from the public related to the
recently rezoned area (along Spur Highway) except for one property owner attempting
to sell his property who believes the lack of permitted uses in the area was limiting his
market.
7-b. Discussion -- November and December Meeting Schedule
Due to the Thanksgiving and Christmas holidays, the Commission requested
cancellation of the November 22nd and December 27th meetings.
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 13, 2006
PAGE 2
7.c. PZ06-60 -Application for a home occupation permit for a daycare for the
property known as Lot 5, Block 1 For Pete's Sake Subdivision (110
Aleene Way), Kenai, Alaska. Application submitted by Polly M. Conaway,
110 Aleene Way, Kenai, Alaska.
Approved by consent agenda.
7-d. Discussion -- Central Mixed Use Zone (CMU)/Rezone
Kebschull reported the City Council had amended the Kenai Zoning Code to include
the Central Mixed Zone (CMU). During the development of the zone, the Commission
developed an area for possible consideration if the zone was adopted. Kebschull asked
the Commission if a work session and/or a public hearing should be scheduled to
review the area.
The Commission requested a work session be scheduled following the regular meeting
on October 11, 2006. Kebschull reported she would send out notices to property
owners and post the work session schedule in the newspaper.
ITEM 8: PENDING ITEMS -- None
ITEM 9: REPORTS
9-a. City Council -- Council Member Ross noted the September 6, 2006 City
Council meeting action agenda was included in the packet.
9-b. Borough Planning -- Commissioner Bryson provided a report on action
taken at the August 28th and September 1 lth Borough Planning meetings.
9-c. Administration -- Kebschull reported the following:
• Two lots are in the process of being cleared off Willow and will be
prepared for construction in the spring.
• The City Manager and staff will identify various Capital Improvement
Projects (CIP) and the Planning & Zoning Commission will be involved in the process.
The list will be provided to the Borough in early December. The Commission was
asked to be prepared to provide input.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 11: INFORMATION ITEMS
11-a. Zoning Bulletin (8/25/06)
ITEM 12 : COMMISSION COMMENTS & QUESTIONS
PLANNING 8v ZONING COMMISSION MEETING
SEPTEMBER 13, 2006
PAGE 3
Commissioner Fullinck questioned why former Council Member Bookey was allowed
to build within the 25-foot setback and Kebschull explained no setbacks are required
in the Commercial Zone, allowing building right up to the property line.
Commissioner Jenckes discussed development in the Seattle/Ballard area and
emphasized the walking areas to various services.
Commissioner Wells noted he would be absent from the September 27 and October
11 meetings.
Chairman Eldridge noted he would be absent from the September 27 and October 11
meetings.
ITEM 13:
MOTION:
ADJOURNMENT
Commissioner Bryson MOVED for adjournment and Commissioner Wells SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
8:20 p.m.
Minutes recorded and prepared by:
Barbara Roper, Contract Secretary
PLANNING 8v ZONING COMMISSION MEETING
SEPTEMBER 13, 2006
PAGE 4
STAFF REPORT
To: Planning & Zoning Commission
Date: 9/11 /06
5c~.
Res: PZ06-63
GENERAL INFORMATION
Applicant: Steve Voth 252-6211
P.O. Box 2227.
Soldotna, AK 99669
Requested Action: Variance -Principal Structures (KMC 14.20.190)
Legal Description: Lot 5, Anglers Acres Subdivision Part 3
Street Address: 1045 Angler Drive
KPB Parcel No.: 04939035
Existing Zoning: RR -Rural Residential
Current Land Use: Daily Rentals/Guide Service
Land Use Plan: Rural Residential
ANALYSIS
General Information:
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of the following conditions exist as a
prerequisite to issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar
to the land or structures involved which are not applicable to other
lands or structures in the same zoning district.
2. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do
not merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
4. The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or
zoning district.
0663 Comment.doc Page 2
The applicant purchased this property in 2006. In March of 2006 the applicant
requested a transfer of the active Conditional Use Permits for the property. The
transfer was granted on April 12, 2006.
This property has been used for commercial activities since 1988. The following
provides a synopsis of zoning permits issued since 1988:
- PZ88-17 - An application for a Conditional Use Permit was issued
to operate a booking service. The application also requested a
Conditional Use Permit for a lodge. The Commission noted in the
record that they felt the lodge was a permitted use and the permit
was issued for the booking service.
- PZ95-35 - An application to amend Conditional Use Permit PZ88-
17 to construct a 3-bedroom single-family dwelling to rent and to
rent room in the existing 3-bedroom home on Lot 4. This
amendment was denied.
- PZ98-45 - An application to amend PZ88-17 to include guiding
was approved. The guiding was limited to three guide boats.
- PZ05-56 -Transferred the Conditional Use Permit from James
Cowan to Clinton & Delores Coligan.
- PZ06-26 -Transferred permit from Coligan's to Voth.
The applicant is requesting a variance for principal structures (KMC 14.20.190)
to allow construction of three 24'X28' cabins to be built on the lot. There is
currently a tri-plex on the lot. (Site plan shows duplex and the applicant
explained that the plan is to convert the structure to a duplex.) KMC 14.20.190
(a) states:
Erection of More Than One Principal Structure on a Lot. In any zone more
than one (1) principal structure housing a permitted use may be erected
on a single lot; provided that, area width and all other development
requirements of the zone shall be met for each principal structure as
though each structure were on an individual lot except one additional
single-family dwelling may be permitted on the same lot provided the
principal structure is a single-family dwelling, and the maximum lot
coverage and setback requirements for the zone are met.
According to the Kenai Peninsula Borough's assessing records, the lot is 1.01
acres (43,995.60 square feet). The parcel is located in the Rural Residential
zone requiring 20,000 square feet for each principal structure. The cabins would
be considered single-family dwellings so the first cabin could be built without a
variance. The second and third cabins require a variance.
The tri-plex on the lot uses a shared well and septic with the property on Lot 4.
The applicant is proposing to drill a new well for a Class C public water system
and install a mounded septic system. Both of these systems will require
Department of Environmental Conservation approval for the use.
0663 Comment.doc Page 3
Applicant has provided a site plan drafted by McLane Consulting, Inc. The site
plan shows the tri-plex (identified as duplex) and the proposed three cabins.
Also shown is the location of the proposed well, the septic system, snow storage,
parking areas, driveway, etc.
To issue the permit, the Commission must review and find that the application
meets the requirements of KMC 14.20.180. They are listed above. The
application does not meet a strict interpretation of this section of the code.
However, in the Angler Acres area, there are several similar uses and four other
variances for principal structures have been approved. It should be noted that if
the cabins were attached to meet the building code, they could be considered a
tri-plex and a variance would not be required.
City Engineer:
Not available to comment.
Building Official:
The site plan meets minimum building code requirements. Granting this
variance does not violate the building code.
RECOMMENDATIONS
The applicant is seeking a variance for principal structures to add three cabins to
his property. The code allows one additional cabin so the variance would be for
two cabins. This property is located on Angler Drive. This is an area that has
become a commercial recreation area through the issuance of conditional uses
for guiding, lodging, cabin rentals, etc. According to the city's records, four other
variances have been issued on Angler Drive for principal structures.
The applicant has submitted a plan for the proposed development that provides
sufficient separation of the structures, required parking, and that meets all
building and zoning codes. The plan is to install a DEC certified public water
system and septic system that meets the intended use.
It appears that the proposed development will not negatively affect adjoining
properties.
Recommend approval.
Report prepared by:
Marilyn Kebschull, AICP
Planning Administration
0663 Comment.doc
ATTACHMENTS:
1. Resolution No. PZ06-63
2. Application
3. Site Plan
4. Angler Acres Conditional Uses & Variance Permits
Page 4
-~,~'~~'~. CITY OF KENAI
- ; ~ PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-63
thecdyof VARIANCE PERMIT
KENA
SKA
~
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
NAME: STEVE VOTH
LOCATED: 1045 Angler Drive (Lot 5, Anglers Acres Subdivision Part 31
(Street Address/Legal Description)
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and
received on: September 7.2006
2. This request is located on land zoned: RR -Rural Residential
3. Kenai Peninsula Borough Parcel No: 04939035
4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC
14.20.190 -Principal Structures (Build 2 additional cabinsl
5.
a. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same land use or zoning district.
b. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
c. The granting of the variance does not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
d. The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure.
e. The granting of the variance is not based upon other non-conforming land uses
or structures within the sale land use or zoning district.
6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the
Commission on: September 27. 2006
7. 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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN
SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, SEPTEMBER 27, 2006.
CHAIRPERSON: ATTEST:
. } ~-~~
v _f .~
tlrt cify o f /
KENAi, ALASKA
"!/c'~~a a with a Past, Gi wit~t a Futccre"
9 ~
210 Fidalgo Avenue,. Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /FAX: 907-283-3014
DATE: ~ ~ ~~ ~
-~,..
F3~~: ~ ~.
'~~~ ' ~ 2006
'[-ANNIN ~ ~x~NAI
APPLICATION FOR VARIANCE PERMIT
NAME: ~7'c'~%~C.~ ~A~~t~+ PHONE: ~~~ ~ -' ~ 5~~~~ ~ ~ rr
MAILING ADDRESS: ~~ ~~~ Z 2Z ~ ~~/~~a~ ~ ~,(~ ~~~,~,~
STREET ADDRESS: _ _ ~ ~' ~1 ~ ~~g, %~ i~r ~~~,~,~ I
LEGAL DESCRIPTION: __ L of S ~s? ~ /~_~~ ~G ~,~..~ ~~,.->? ~• j, r~ ~
KPB PARCEL NUMBER: ~ ~ ~ ~ ~ G~ ~ S
PROPERTY ZONING: ~i
I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code): _
o~ ®riwa~iY4~-./ ~~yl't~:~~'eri"'c'r~
******
Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits
which is the relaxation of the Development Requirements Table to provide relief when
the literal enforcement would deprive a property owner of the reasonable use of his real
property: PLEASE _ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU
HAVE READ AND UNDERSTAND THESE CONDITIONS.
-~ ~~
1. Provide a site plan of the property including location of all existing and
proposed buildings or alterations, elevations of such buildings or
alterations, and such data as may be required.
~II~
1992
2. ~ A Public Notification and hearing is required before the issuance of this
1 permit. A $105.00 non-refundable deposit/advertising fee is required to
cover these notification costs. (Please see attached procedure sheet.)
3. ,~ r You are required to post the property in question with a sign advising that
the property is being considered for a variance. You must file an Affidavit
of Posting with this office two weeks prior to the scheduled public
hearing. If this affidavit is not filed, the hearing will not be scheduled.
To approve the requested variance, the Commission shall establish a finding that all of
the following conditions exist as a prerequisite to issuance of a variance permit:
• Special conditions or circumstances aze present which aze peculiaz to the land or
structures involved which aze not applicable to other lands or structures in the
same zoning district.
• The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
• The granting of the vaziance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
• The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
ADDITIONAL COMMENTS:
Applicant's Signature: _~~~/~-~) ~~~~~
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Sept. 19, 2006
Kenai Planning and Zoning Commission
I will not be able to attend the Planning and zoning meeting on sept. 27 so am taking this
opportunity to inform you of my feeling concerning the variance application for the property
at 1045 Angler Drive. I live at 1025 Angler Drive so would be directly affected if the
variance were granted.
I urge you to reject the application from Steve Voth (PZ06-64) to add rental cabins on the
property at 1045 Angler Drive. This property as well as all the properties along Angler
Drive is zoned rural residential. In 1990 my wife and I retired and moved to our property at
1025 Angler Drive. Before we bought the property we checked the zoning for this area
and found that it was rural residential. We just wanted to live a quiet life in retirement. We
did notice that there were a couple of commercial operations along the road but assumed
that they were grandfathered in and we would be protected from further commercial
development by the zoning. However, the road has become more and more commercial
since many variances have been approved.
Item 3 of the requirements that must be met before a variance can be approved states:
"The granting of the variance shall not authorize a use that is not a permitted principle use in
the zoning district in which the property is located." The principle use as defined by the
zoning is rural residential. Addition of rental cabins does not fit that criteria.
In the staff recommendations it is stated: `This is an area that has become a commercial
recreation area through the issue of conditional; uses for guiding, lodging, cabin rentals, etc."
That is true but it does not change the fact that the area is still zoned rural residential. A case
could be made that none of the conditional use permits should have been granted. Item 5
of the requirements states: "The granting of the variance shall not be based upon other
nonconforming land uses or structures within the same land use or zoning district. Therefore
the fact that variances have been granted to other properties in the area cannot be used as
a reason to grant a variance in this case.
Finally, I ask you to be fair to my wife and I, Kenai tax payers and community supporters for
16 years. We expected to live in a rural residential area but that has been changed by the
granting of variances allowing commercal operations. As a result the qualify of our life here
has deteriorated. I ask you to take a step toward maintaining whatever quality of life is left
for us and our noncommercial neighbors by rejecting the variance request.
Th~ks for your attention.
'C`C~.~ ~~ ,~',~ri~~.e~~
Ral h ~Dusseldor
1026 Angler Drive (PO Box 2648)
Kenai, AK 99611
283-5034
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STAFF REPORT
To: Planning & Zoning Commission
Date: September 13, 2006
Res: PZ06-64
GENERAL INFORMATION
Applicant: Steve Voth 252-6211
P.O. Box 2227
Soldotna, AK 99669
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Conditional Use Permit -Cabin Rentals
Lot 5, Anglers Acres Subdivision Part 3
1045 Angler Drive
04939035
RR -Rural Residential
Daily Rentals/Guide Service
Rural Residential
General Information:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the review criteria that must be satisfied prior to issuing
the permit. The criteria are:
1. The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
2. The value of the adjoining property and neighborhood will not be
significantly impaired;
3. The proposed use is in harmony with the Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or
welfare;
6. Any and all specific conditions deemed necessary by the commission
to fulfill the above-mentioned conditions should be met by the
applicant. These may include, but are not limited to measures relative
to access, screening, site development, building design, operation of
the use and other similar aspects related to the proposed use.
The applicant purchased this property in 2006. In March of 2006 the applicant
requested a transfer of the active Conditional Use Permits for the property. The
transfer was granted on April 12, 2006.
This property has been used for commercial activities since 1988. The following
provides a synopsis of zoning permits issued since 1988:
- PZ88-17 - An application for a Conditional Use Permit was issued
to operate a booking service. The application also requested a
Conditional Use Permit for a lodge. The Commission noted in the
record that they felt the lodge was a permitted use and the permit
was issued for the booking service.
- PZ95-35 - An application to amend Conditional Use Permit PZ88-
17 to construct a 3-bedroom single-family dwelling to rent and to
rent room in the existing 3-bedroom home on Lot 4. This
amendment was denied.
- PZ98-45 - An application to amend PZ88-17 to include guiding
was approved. The guiding was limited to three guide boats.
- PZ05-56 -Transferred the Conditional Use Permit from James
Cowan to Clinton & Delores Coligan.
- PZ06-26 -Transferred permit from Coligan's to Voth.
The applicant has requested a variance for principal structures (KMC 14.20.190)
to allow construction of two 24'X28' cabins to be built on the lot. There is
currently a tri-plex on the lot. (Site plan shows duplex and the applicant
explained that the plan is to convert the structure to a duplex.) The variance will
be heard immediately before this application.
The applicant is requesting a Conditional Use Permit for cabin rentals. Kenai
Municipal Code defines cabin rentals as:
"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.
Rentals over thirty (30) days are a permitted use.
The tri-plex on the lot uses a shared well and septic with the property on Lot 4.
The applicant is proposing to drill a new well for a Class C public water system
and install a mounded septic system. Both of these systems will require
Department of Environmental Conservation approval for the use.
Applicant has provided a site plan drafted by McLane Consulting, Inc. The site
plan shows the tri-plex (identified as duplex) and the proposed three cabins.
Also shown is the location of the proposed well, the septic system, snow storage,
parking areas, driveway, etc.
To issue the permit, the Commission must review and find that the application
meets the requirements of KMC 14.20.150.
- The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district. The RR 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 specific
intent in establishing this zone is: To separate residential structures to an
extent which will, preserve the rural, open quality of the environment;
prevent health hazards in areas not served by public water and sewer, to
prohibit uses which would violate the residential character of the
environment; generate heavy traffic in predominantly residential areas.
The proposed use, cabin rentals, for short-term use, in this area, should
not compromise the residential environment. This is a one-acre lot
located in an area with several other similar uses. The site plan provides
sufficient separation of structures and retains natural vegetation.
- The value of the adjoining property and neighborhood will not be
significantly impaired. The value of the adjoining properties should not
be impaired.
- The proposed use is in harmony with the Comprehensive Plan. The
Comprehensive Plan defines the Rural Residential district as, "...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 onsite 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 business may be accommodated within certain design
guidelines. " The Comprehensive Plan identified this area as Rural
Residential however recognized that there are areas of commercial
development near residential areas through conditional uses.... "This is
best achieved by zoning sufficient suitably located land for all expected
uses.... " The area along Angler Drive has been used for many years for
these type activities and it has been recommended to the residents that
they consider requesting an amendment to the zoning of the area that
would permit the traditional uses in the area. Even though the use does
not appear to meet the definition in the Comprehensive Plan, the Plan
noted there are areas such as Angler Acres that should be rezoned.
- Public services and facilities are adequate to serve the proposed use. The
applicant intends to provide on-site water and sewer that meets Alaska
Department of Environmental Conservation's requirements for said use.
Angler Drive is maintained by the City of Kenai.
- The proposed use will not be harmful to the public safety, health or
welfare. The proposed use is not harmful to the public safety, health or
welfare.
- 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 development must
meet off-street parking requirements.
City Engineer:
Not available to comment.
Building Official:
Granting this Conditional Use Permit does not violate the building code.
RECOMMENDATIONS
The applicant is seeking a Conditional Use Permit for cabin rentals for three
cabins proposed to be built on his property. Applicant has applied for a variance
for principal structures to build the cabins and that permit should have been
reviewed prior to this permit. If the variance is not approved, the applicant is still
requesting a permit for cabin rentals for permitted structures on the parcel. This
is an area that has become a commercial recreation area through the issuance
of conditional uses for guiding, lodging, cabin rentals, etc.
The applicant has submitted a plan for the proposed development that provides
sufficient separation of the structures, required parking, and that meets all
building and zoning codes. The plan is to install a DEC certified public water
system and septic system that meets the intended use.
It appears that the proposed development will not negatively affect adjoining
properties.
Recommend approval with the following requirements:
1. Prior to issuance of the permit, provide proof of a Department of
Environmental Conservation (DEC) approved public water system
and septic system for intended use.
2. The City of Kenai Fire Marshal must inspect all structures and
certify that they meet required fire/safety codes for said use.
Report prepared by:
Marilyn Kebschull, AICP
Planning Administration
ATTACHMENTS:
1. Resolution No. PZ06-64
2. Application
3. Site Plan
4. Angler Acres Conditional Uses & Variance Permits (See PZ06-63)
CITY OF KENAI
~~~~.
__. ; ~ PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-64
ttie a'ty o f 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: STEVE VOTH
USE: CABIN RENTALS
LOCATED: 1045 ANGLER DRIVE (LOT 5, ANGLERS ACRES SUB. PART 31
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04939035
WHEREAS, the Commission finds:
That an application meeting the requirements of Section 14.20.150 has been submitted
and received on: September 7, 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. Prior to issuance of the permit, provide proof of a Department of Environmental
Conservation (DEC) approved public water system and septic system for intended
use.
b. The City of Kenai Fire Marshal must inspect all structures and certify that they meet
required fire/safety codes for said use.
4. That the Commission conducted a duly advertised public hearing as required by KMC
14.20.280 on: September 27, 2006.
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, SEPTEMBER 27, 2006.
CHAIRPERSON: ATTEST:
~~ ~~'~
"I/Yla e with a Aast, Gi with a Future"
.9' ~'
. ..~„r~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
"`~"~" ~~ Telephone: 907-283-7535 /FAX: 907-283-3014 IIII~~
sir-" ~ ,
_.. 1992
KENAI, ALASKA ~~
~~~ _ ~ ~~
CONDITIONAL USE PERMI c~-,~
APPLICATION p~"~"`"~~'~~~'~~`~'
Date: ~ 6 ~~ ~ ^~
/ a
Applicant's Name: ~~''~~~'~ ~/ ~~ Phone: ~J 7-' ~' ~ I 1
Business Name: (/~-R `~ ~~' g t~ ~, ,~ ~ ~J~t,~'~e~(' ~ ,~,~' ~~p~~ ~
Mailing Address: ~~ ~~~ ~., ~ ~~ , ~7,~~)7d~4~ ~ ~ j j ~~~
Street Address: ~~~'~ ~h~; ~~' ~r,~l.~
(Where permit will be operated from.) )
Legal Description of Property: _ _ ~ ~~ ~ ~ ~~,~> ~, ~, ; ~~ r~ ~Ytlp.~
Kenai Peninsula Borough Parcel No.: ~7 ~/°/~~O.3S~
City of Kenai Zoning:. _ ?~ /~ - ~,, ~,(~ ~, ri ~~ c,_ ~ r.~ .~
*************
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a sheet to the application. ~ ~~, ~~ ~ ~,~~~~ i~ °~
~~~~~ ~ ~~ ~vP~ ~~ S ~~ ~ ~ aye/~,
r
I ~/'~ M .?Vi'~ti~d'~ /~ C~'1't ~I ~'~.e.~ t`V1C,fi,'~~~i.i ~ ~ °~.~i ~~ /tr, r1:-z
i 5 ~, ~ ~ ~ f' I C~ ~ e~ ~ ~ revs n I,Cr~- / ;~ ~l'~.~w3 r
~,_ _ . _ /. l _ ~ , .. ~ .
f`~ ~~ ~~ s
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********
The following information must be provided before vour application will be
considered for processing. Do not submit vour application until it contains all
re4uired information. (Check each box that applies and attach the necessary
information. to this application.)
,~ I am the legal owner of the property.
^ I am not the legal owner of the property; however, I have attached verification by
the owner of the property that I have permission to apply for this Conditional Use
Permit.
Attached are dimensioned plot plans showing the location of all existing and
proposed buildings or alteration on the affected property. Plans must show, at a
minimum, the entrance, exit, and parking spaces on the property. (For bed &
breakfast applications, must show areas to be rented.)
;~ I have paid the appropriate fee.
********
I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe
that the requested permit satisfies the requirements of this section of the code.
Specifically, the following requirements have been satisfied:
The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The value of the adjoining property and neighborhood will not be
significantly impaired.
[~' The proposed use is in harmony with the Comprehensive Plan.
~~ Public services and facilities are adequate to serve the proposed use.
The proposed use will not be harmful to the public safety, health or
welfare.
I certify that the information provided is accurate to the best of my knowledge.
Applicant:
Date: ~/C7,
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Lot 5 Angler's Acres Part Three DE9CFIPTIDN a
PROPOSED LODGE ;! "' ~ o;
SITE PLAN s` ~~ '~d
~~~ ~<
E FIELD BDOx ND. SOB rvO ~sapta ceeeK 1eC1 t/'~~t~~~a ~'
Sept. 19, 2006
Kenai Planning and Zoning Commission
I will not be able to attend the Planning and zoning meeting on sept. 27 so am taking this
opportunity to inform you of my feeling concerning the variance application for the properly
at 1045 Angler Drive. I live at 1025 Angler Drive so would be directly affected if the
variance were granted.
I urge you to reject the application from Steve Voth (PZ06-64) to add rental cabins on the
property at 1045 Angler Drive. This property as well as all the properties along Angler
Drive is zoned rural residential. In 1990 my wife and I retired and moved to our property at
1025 Angler Drive. Before we bought the properly we checked the zoning for this area
and found that it was rural residential. We just wanted to live a quiet life in retirement. We
did notice that there were a couple of commercial operations along the road but assumed
that they were grandfathered in and we would be protected from further commercial
development by the zoning. However, the road has become more and more commercial
since many variances have been approved.
Item 3 of the requirements that must be met before a variance can be approved states:
`The granting of the variance shall not authorize a use that is not a permitted principple use in
the zoning district in which the property is located." The principle use as defined by the
zoning is rural residential. Addition of rental cabins does not fit that criteria.
In the staff recommendations it is stated: `This is an area that has become a commercial
recreation area through the issue of conditional; uses for guiding, lodging, cabin rentals, etc."
That is true but it does not change the fact that the area is still zoned rural residential. A case
could be made that none of the conditional use permits should have been granted. Item 5
of the requirements states: "The granting of the variance shall not be based upon other
nonconforming land uses or structures within the same land use or zoning district. Therefore
the fact that variances have been granted to other properties in the area cannot be used as
a reason to grant a variance in this case.
Finally, I ask you to be fair to my wife and I, Kenai tax payers and community supporters for
16 years. We expected to live in a rural residential area but that has been changed by the
granting of variances allowing commercal operations. As a result the quality of our life here
has deteriorated. I ask you to take a step toward maintaining whatever quality of life is left
for us and our noncommercial neighbors by rejecting the variance request.
Th~ks for your attention.
Ral h ~Dusseldor
1025 Angler Drive (PO Box 2648)
Kenai, AK 99611
283-5034
n~~~l ~~~
~`; ~~~
P~NNIN~C~ ~~~eap~~,°~°-~,~,.
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
SEPTEMBER 20, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
1.
ITEM C:
ITEM D:
ITEM E:
P,~ u.
1.
SCHEDULED PUBLIC COMMENTS (10 minutes)
Larry Semmens, City of Kenai Finance Director -- Public Employee
Retirement System {PERS) Rate Update .
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
PUBLIC HEARINGS
Ordinance No. 2188-2006 -- Increasing Estimated Revenues and
Appropriations by $500 in the General Fund to Purchase Library Books.
2. Ordinance No. 2189-2006 -- Increasing Estimated Revenues and
Appropriations by $16,000.00 in the General Fund for a Homeland
Security Grant to Fund aRewrite/Revision of the City of Kenai
Emergency Operations Plan.
3. Resolution No. 2006-51 -- Recognizing the Alaska Department of
Environmental Conservation (ADEC) and the Kenai Peninsula Borough
Economic Development District (KEDD), Inc.
,~,~.~
4. Resolution No. 2006-52 -- Transferring $20,331 in the Water and Sewer
Fund for purchasing a Sewer Jet Cleaning Unit.
5. Resolution No. 2006-53 -- Awarding the Bid to Bob's Services, Inc. for a
Sewer Jet Cleaning Unit - 2006 for the Total Amount of $300,331.
~<
~ ..
~,
~° ..~;
~% ~ ITEM F: MINUTES
*Regular Meeting of September 6, 2006.
ITEM G:
ITEM H: NEW BUSINESS
~~~?/~ 1. Bills to be Ratified
~I'~y~~/ 2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2190-2006 -- Increasing Estimated Revenues and
Appropriations by $5,361.72 in the Airport Environmental Assessment
Capital Project Fund for Additional Grant Monies.
4. *Ordinance No. 2191-2006 -- Increasing Estimated Revenues and
Appropriations by $150, 000 in the General Fund for Payment to the
Public Employee Retirement System.
5. *Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled,
"Regulation of Smoking in Eating Establishments" to Include Bowling
Alleys as a Place Where Smoking is Prohibited Within the City of Kenai.
6. Approval -- Authorizing City Manager to Negotiate and Enter into a
Management Agreement with State of Alaska Division of Fire Prevention
for the Management of the Alaska Regional Fire Training Facility
(PRISM).
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
EXECUTIVE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2009
Tom Clark
Vice Chairman
Anchor
Point/Ninik:hik
Term Expires 2007
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
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 tsham
PC Member
Sterling
Term Expires 2009
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2009
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2009
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
September 25, 2006 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
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 ofi consent agenda items unless a Planning Commissioner so requests in which
case the item will 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. Sagerser Subdivision Ranch Addition
KPB File 2005-205 [EasthamlSagerser Fewox]
Location: East of Kenai Spur Highway
b. Gregory Subdivision Webb Addition
KPB File 2005-308 (Eastham/Webb]
Location: North of Sterling Highway in Sterling
c. Baycrest Trails Subdivision
KPB File 1999-120 [Seabright/Mandes, Martin]
Location: North of Diamond Creek in Homer
d. AK DOT 2002 Flood Repairs
KRC Permit number 4878
One-year time extension
*2. Plats Granted Administrative Approval
*3. Plats Granted Final Approval (20.04.070)
*4. Plat Amendment Request
a. Sunland Southview
KPB File 2006-097 [Seabright/Sunland Holding Co.]
Location: South of East End Road in Homer
*5. Coastal Management Program
a. Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
.~;~
iii
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Tauriaihen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
Planning Director
John Williams
Borough Mayor
Mari Anne Gross, Southwest Borough
"7. Minutes
a. September 11, 2006 Plat Committee Minutes
b. September 11, 2006 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONSJCOMMISSIONERS
(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
Vacate a portion of Byrd Drive (changed to Bird Street Resolution SN 2005-
05) a 33-foot right-of--way and associated public utility easement on the east
boundary of Tracts 4A, 46 and 4C dedicated. by Heistand Subdivision
Resubdivision of Trail 4 (Plat. KN 77-25}; within Section 28, Township 5
North, Range 9 West, Seward Meridian, Alaska; and within the Kenai
Peninsula Borough; KPB File 2006-206; Petitioners: Patsy and Elmer Bird,
Patsy Dinnebeck and John Winters of Soldotna, Alaska; Location: Southeast
of Funny River Road
2. Vacate a portion of Hank Lane (name changed from Bonnie Street Resolution
SN 200410) centered between Trails D and E dedicated by Coyote Hill 1985
Subdivision (Plat HM 85-70) AND vacate Hank Lane north of Trail C
dedicated by Coyote Hill Subdivision Unit 4 (Plat HM 83-133) AND vacate
Hank Lane north of Trad A dedicated by Coyote Hill Subdivision Unit 3 (Plat
HM 82-93); within Sedion 28 and 29, Township 5 South, Range 12 West,
Seward Meridian, Alaska; within the Kenai Peninsula Borough; KPB File
2006-225; Note: Alternate Right of Way is proposed to be dedicated;
Petitioner: Robin R. Connolly of Anchorage, Alaska; Location: North of East
End Road in Homer
3. Vacate English Court (changed to English Avenue Resolution SN 97-05} a 50-
foot public right-of-way and associated public utility easement dedicated by
English Estates (Plat KN 76-178); within Sedion 11, Township 7 North, Range
12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough;
KPB File 2006-214; Petitioners: James R. and Nora Satathite of Nikiski, Jim
and Nancy Lethcoe of Arizona and Judy A. Miller of Kenai, Alaska; Location:
West of Island Lake Road in Nikiski
4. Vacate a portion of East Hill Road right of way adjacent to Lot 21 dedicated by
Bayview Gardens Addition No 3 and Vacation of a portion of Larkspur Court
(Plat HM 80-74); within Sedion 16, Township 6 South, Range 13 West,
Seward Meridian, Alaska; within the City of Homer and the Kenai Peninsula
Borough. KPB File 2006-226 Note: A 20' road easement will be retained;
Petitioner: Peter Fefelov of Homer, Alaska; Location: City of Homer
5. Vacate a portion of Kaltman Road, a 34-foot right-of--way dedicated by A.A.
Mattox Subdivision 1958 Addition (Plat HM 3746), and shown on A.A. Mattox
Subdivision No. 8 (Plat HM 95-50); within Sedion 17, Township 6 South,
Range 13 West, Seward Meridian, Alaska; within the City of Homer and the
Kenai Peninsula Borough; KPB File 2006-245; Note: A 20 foot pedestrian
easement is proposed to be granted along the east boundary of Lots 1- 3
and the north boundary of Lot 1 A.A. Mattox Subdivision (Plat HM 3746)
to connect East End Road to the remaining. Kaltman Road; Petitioner:
Nathan A. Wise for Glacierview Baptist Church of Homer, Alaska; Location:
City of Homer
6. Rename existing streets in conjunction with the Enhanced 911 Street Naming
and Addressing Project within the Kenai Peninsula Borough. The following
streets in ESN 302 are proposed to be changed because they are duplicate
.names:
a. Bums Street within Bergsrud Subdivision Amended (K 1644), Section
24, T5N, R10W, S.M., AK; south of the Sterling Highway, adjoining
Walker Street, Soldotna area; Proposed to be renamed Walker Street
b. Susie Avenue within Raymond Burton No. Two Subdivision (KN 84-
35), Section 31, T3N, R11W, S.M., AK; Location: north of Burton
Drive, Kasilof
,. _ a. , .X Tem ,Court within Musgrove Subdivision (KN 80-117), Section 22,
' T5N, R10W, S.M., AK; location: off Mackey Lake Road, Soldotna
area
d. Teny Lane within Otter Creek Subdivision (KN 80-41), Section 7,
T5N, R8W, S.M., AK; Location: off Patty Avenue, Sterling area
e. Terry Street within Jerhob Subdivision (KN 74-22} and Bruce
Subdivision (KN 84-295), Section. 3, T5N, R9W, S.M., AK; Location:
off Robinson Loop Road, Sterling area
Thomas Avenue within Helen and Lany's Acres (K 1693), Frank's
Subdivision (KN 74-75), and Cohoe Industrial Park (KN 82-1), Section
1, T2N, R12W, S.M., AK; Location: south of the intersection of Cohoe
Loop Road and Johnson Lake Road, Kasilof area
g. Timber Lane within LaCross Subdivision Part One (K 1720), Section
23, T4N, R11 W, S.M., AK; Location: south of Arc Loop Road,
Soldotna area; Proposed to be renamed LaCross Lane
h. Unnamed ADL 20281 within Section Lot Breakdown (K 1394), Section
21, TSN,: R8W, S.M., AK; Location: off Kenai Keys Road, Sterling
area; Proposed to be named Grumpy Old Men Road
,.
i. Unnamed travel way maintained by the Kenai Peninsula Borough
within Old Kasilof Subdivision (KN 76-167), Section 6, T3N, R11 W,
S.M., AK; Location: east of Vncent Street, Kasilof area
j. South View Avenue within LaCross Subdivision Part One (K 1720),
Section 23, T4N, R11 W, S.M., AK; Location: south of Arc Loop Road,
Soldotna area
k. Walker Street within Cardwell Subdivision Addition No. One (KN 77-
38), Cardwell. Subdivision Resubdivision Tract I ~ 3 Addn. No. 1 (KN
77-147), and Cardwell Subdivision Addn. No. 2 {KN 88-28), Section 3,
T3N, R11W, S.M., AK; Location: off Cardwell Road, Kasilof area
I. Wendy Court within Hecksagon Subdivision (KN 79-43) and Ness
1985 Addition (KN 86-193), Section 25, T4N, R12W, S.M., AK;
Location: north of Kasilof Beach Road
m. East Court within Forstner Subdivision No. 2 (KN 79-149), Section 14,
T5N, R9W, S.M., AK; Location: off Longview Street, Sterling area
West Court within Forstner Subdivision No. 2 (KN 79-149), Section
14, T5N, R9W, S.M., AK; Location: off Longview Street, Sterling area
o. West Drive within Longmere Estates Subdivision Part 1 (KN 1780),
Section 19, T5N, R9W, S.M., AK; Location: off Longmere Way,
Soldotna area; Proposed to be renamed Longmere Way
p. Willow Avenue within Crooked Creek Ridge (KN 77-152), Section 13,
T2N, R12W, S.M., AK; Location: north of Running Water Avenue,
Kasilof
q. Willow Street within Greenacres Subdivision No. 2 (KN 73-29) and
Sterling Hills Subdivision (KN 79-175), Sections 22 ~ 27, TSN, R8W,
S.M., AK; Location: west of Feuding Lane, Sterling
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate the 10-foot utility easement along the south and west boundaries of
Tract B granted by Christensen Tracts Amended (Plat HM 89-3), within
Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska;
within the City of Homer and the Kenai Peninsula Borough; KPB File 2006-
235; Petitioners: Thomas M. Taffe and Devony L. Lehner of Homer, Alaska;
Location: City of Homer
2. Vacate the 10-foot by 30-foot anchor easement near the east boundary of Lot
26 granted by Clearview Subdivision No 6 (Plat SW 2005-15), within Section
3, Township 1 South, Range 1 West, Seward Meridian, Alaska; within the City
of Seward and the Kenai Peninsula Borough; KPB File 2006-262; Petitioners:
Steven C. Leirer & Carol Laurie for Leirer Enterprises of Anchorage, Alaska;
Location: City of Seward
SPECIAL CONSIDERATIONS
SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 15 preliminary plats and 3 final
plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
New Plat Committee (October, November, December)
5 Members / 2 Aftemates
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
City of Kenai Planning 8 Zoning Commission Minutes -August 23, 2006
2. City of Seward Planning & Zoning Commission Minutes -August 1, 2006
3. Board of Adjustment
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held October 9, 2006 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna,
Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Meeting Location Date Time
Commission
Anchor Point Anchor Point Chamber of Commerce October 4, 2006
October 18, 2006 7:00 p.m.
Hope /Sunrise Hope Social Hall October 4, 2006 7:00 p.m.
Cooper Landing Cooper Landing Community Hall October 11, 2006 7:30 p.m.
The Kachemak Bay, Moose Pass, and Funny River
Advisory Planning Commissions are 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: planningLdiborough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. September 25, 2006
Tentative Agenda
MEMBERS
Mari Anne Gross
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
Soidotna City
Term Expires 2008
Lynn Hohl
Seward City
Term Expires 2008
Brent Johnson
Kasild /Clam Gulch
Term Expires 2D09
ALTERNATES:
Philip Bryson
Kenai City
Term Expires 2007
Dr. Rick Foster
Homer City
Term Expires 2007
James Isham
Sterling
Term Expires 2009
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Mari Anne Gross, Southwest Borough
3. Minutes
a. September 11, 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. Reyes Tracts Perletti Replat
KPB 2006-247
[Integrity/ Perletti]
Location: West on Kasilof River
2. Kivi Lake Estates
KPB 2006-252
[Integrity/Bovee]
Location: East on Lamplight Road in Nikiski
3. Daisy Subdivision Sullivan Replat
KPB 2006-251
[Integrity/Troy Air]
Location: South of Oehler Road in Soldotna
4. Coyote Hill 2006 Addition
KPB 2006-219
[Imhoff/Connolly]
Location: North of East End Road in Homer
(Postponed from August 28, 2006 Meeting)
5. Stanley's Meadow 2006 Addition
KPB 2006-249
1
[Imhoff/Jones]
Location: End of Jones Drive in Homer
K-Bay APC
6. Original Townsite of Kenai Tomrdle Replat
KPB 2006-250
[Segesser/Tomrdle]
Location: City of Kenai
Raven's Garden No. 3
KPB 2006-254
[Whitford/Nelson]
Location: North of Sterling Highway on Moose Range Dr.
8. Razdolna Subdivision Safron Addition
KPB 2006-255
[McLane/Basargin]
Location: On Basargin Road in Homer
K-Bay APC
9. Wagner Subdivision 2007 Addition
KPB 2006-256
[McLane/Wagner]
Location: On Knackstedt Street in Soldotna
10. Razdolna Subdivision Miron Addition (Revised Preliminary)
KPB 2006-085
[McLane/Basargin]
Location: On Basargin Road in Homer
K-Bay APC
11. Centennial Subdivision Part Four
KPB 2006-261
[McLane/Smith]
Location: West of Kalifornsky Beach Rd. & North of W. Poppy Ln.
12. Baranoff Terrace Subdivision Pfau Addition
KPB 2006-257
[Lobdell/Pfau]
Location: On Cabin Lake in Nikiski
13. Cook Inlet View Subdivision Cranston Addition
KPB 2006-258
[Lobdell/Cranston]
Location: On Cook Inlet and Kalifomsky Beach Road
14. Henley Homestead Tracts C 8~ D
KPB 2006-259
[Lobdell/Henley]
Location: East of Kenai Spur Highway on Henley Road
15. Veal Subdivision ,
KPB 2006-260
[LobdellNeal]
Location: West of Miller Loop Road in Nikiski
F. FINAL PLAT PUBLIC HEARINGS
Mackey Lakes Rainbow Aviator Addition (Revised Final)
KPB 2005-219
[Tinker/Bias)
Location: North of West Mackey Lake in Soldotna
2. James Thomas Oliver Homestead No 3 (Revised Final)
KPB 2006-110
[Seabright/Marsh, Collins]
Location: West of Sterling Highway in Homer
K-Bay APC
3. Diamond Cape No. 5
KPB 2006-180
[Anderson/Stabenow, McKinney]
Location: On Ridge Circle and West Thomas Road in Homer
K-Bay APC
G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held October 9, 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: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
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Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2185-20Q6
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
A CENTRAL MIXED USE ZONE (CMU) AT KMC 14.20.125 AND AMENDING THE
VARIOUS PANTS OF THE KENAI ZONING CODE BY ADDING THE PROVISIONS TO
ENCOMPASS THE NEW ZONE, AND UPDATING PORTIONS OF THE LAND USE
TABLE AT KMC 14.22.010.
WHEREAS, the City of Kenai Zoning Cade does not have a zone designed for a mixture
of commercial and residential use; and,
WHEREAS, it is desirable to have a zone designed for a centrally located, pedestrian-
friendly area for general retail shopping, personal and professional services,
entertainment and restaurants to be mixed with residential uses; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan calls for the establishment of
such a central mixed use zone; and,
WHEREAS, such a zone would be called the Central Mixed Use zone (CMU); and,
WHEREAS, it is in the best interest of the City of Kenai to establish a Central Mixed
Use zone as described above; and,
WHEREAS, amending the Land Use Table categories of "Automotive Repair/Tire
Recapping/Rebuilding" to "Automotive Repair," "Sanitariums" to "Assisted Living," and
"Farming/Gardening and General Agriculture" to "Farming/General Agriculture"
would aid in better determining which uses are allowed in the various zones within the
City; anal,
WHEREAS, adding definitions of the terms farming, agriculture, assisted living,
hospital and assemblages will aid in better understanding land uses in the City of
Kenai; and,
WHEREAS, Footnote 21 of the Land Use Table should be amended to substitute
"Development" for "Setbacks" to better regulate lot size in the Central Commercial and
Central Mixed Use zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that:
SECTION I.
KMC 14.20.125--A Central Mixed Use Zone (CMU) is enacted as
set forth in Attachment A.
Ordinance No. 21$5-2006
Page 2 of 2
SECTION II.
KMC 14.22.010-The Land Use Table and its footnotes are
amended as set forth in Attachment B.
SECTION III.
KMC 14.24.010 and 14.24.020----The Development Requirements
Tables are amended as set forth in Attachment C.
SECTION IV.
KMC 14.20.220-The Sign Code and Sign Code Table are
amended as set forth in Attachment D.
SECTION V.
KMC 14.20.320-The definitions are amended as set forth in
Attachment E.
SECTION VI.
KMC 14.25.020-The Landscape/Site Plan Requirements are
amended as set forth in Attachment F.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
~~ J
~ ~ ~ 1
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: August 16, 2006
Adapted: September 6, 2006
Effective: October 6, 2006
(7/7/06 sp)
14.2b.1.25 Cen>rrat Mixed Use Zone (CMU ZONE)
(a) Intent: The CMU Zone is established provide a centrally located area in the City
for general retail shopping, personal and professional services entertainment
establishments, restaurants and related businesses. The district is also intended to
accommodate a mixture of residential and commercial uses with conflict being
resolved in favor of business. The CMU Zone shall be designed to encourage
--
pedestrian movement throughout the area. Building and other structures within
the district should be compatible with one another and the surxoundin area.
(b) Principal Permitted Uses: As allowed in the Land Use Tabie.
(c) Conditional Uses: As allowed in the Land Use Table•and subject to the
provisions of this chapter.
(d) Accessory Uses: As defined. (See definitions in KMC 14.20.320)
(e) Home Occupations: Uses as allowed in this chapter
(f) Parking Requirements: As required by this chapter.
{g) Development Requirements:
(1) No open storage shall be located closer than twenty-five feet (25') to the
adjoining right-of-wa~any collector street or main thoroughfare. A>~ open
storage in front or side yard visible from a collector. street shall be enclosed with
an eight-foot (8') high commercial grade fence;
(2) As set forth in KMC 14.20.250(b)(4)(B).
(h) Landscaping: As required in KMC 14.25.
Ordinance No. 2185-2006 Attachment A
Page 1 of 1
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14.22.010 Land Use Table Footnotes:
1. Allowed as a secondary use except on the ground Hoar of the part of the building fronting
on coll.ectar 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 far 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 fihe sw-rounding
neighborhood, and will not adversely affect surrounding property values;
f. The buildings shall be used only for residential purposes and customary accessory
uses, such. as garages, storage spaces, anal 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.
b. 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.
Ordinance No. 2185-2006 Attachment B
Fage 4 of 5
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 pravided 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
i4.20.070(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.
21. [SETBACKS] Development for use shall be the same as those listed in the "Development
Requirements Tables" 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 far 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.
Ordinance No. 2185-2006 Attachment B
Page 5 of 5
14.24.010 Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zonin Districts
USES C/RR RRl RS RSI RS2 RU/TSH IL/IH/CC/CG/CMU R ED LC
MINIMUM LOT
ARF..A
(s care feet)
See individual sections
Single/Two/Three of Code for
Farm! Dwellin 20,000 20,000 7,200 12,500 7,200 7,200 re uirernents 20,flfl0 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 Family
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
Farnil Dwellin over 7 N over 7 N N 7,200 N N 12,500
Footnotes:
(L) Listed square footages are the minimum required for each zone.
(2) Greater lot square footages may be required to satisfy Alaslta 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 i.s 40,000 square feet.
(4) Minimum lot size for residential uses in the CMU zone is 7.200 square feet.
Ordinance No. 2185-2006 Attachment C
Page 1 of 2
14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
USES
C/RR
RRl
RS
RS1
RS2
RU/T5H IL/IH/CC/
CG/CMU
R
CD
LC
MINIMUM LOT 'Width (feet)
90
90
60
60
GO
60
90
90 90
MINIMUM LOT Size (feet)
Frontt 25 25 25 2S 25 10 25 25 25
Side a
One-Story s
Day-light BasementlSplit Level
Two-Sto s
15
15
15
5
10
I5
5
10
IS
5
10
15
5
10
15
5
5
5 4 See individual
secfions 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 a 30%n 30% 30°~0 30% 30% 40% 309'0 30% 30%
DTaximum Hei hf (feet) 35 35 35 35 35 35
Footnotes:
(1) Provided that the .minimwn front setback is measured from any right-of way or access easement.
(2) Side setbacks a~•e determined independently from the front view of the sUvcture. PIat plan/As-built will
distinguish single and two-story portions of building to verify setback distances ai-e 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 Snore Phan one-1~alf (1/2) the height of the Lower story al] 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.
Por purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e 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 (i4) feet for each side yard and nineteen (19) feet for the rear yard.
Ordinance No. 2185-2006 attachment C
Page 2 of 2
14.20.220
(f) Sims are allowed as follows:
(1}Allowed Signs Not Requiii.ng a Permit.
(A) Public signs erected by or on behalf of a governmental body to post legal notices
identif~publie property, convey public information and„direct or re ulatepedestrian or
vehicular traffic.
(B) Personal message suns of a total. of not more than five (5) square feet containing
noncommercial messages.
(C) Traditional holiday decorations.
(D) Temporary banners of not more than thirty-two (32) sauare feet No temporary banners
shall be installed or placed fora eri.od to exceed thirty (30) da s in an}~ninety (90) day
erp .rod.
(E) Suns in the nature of cornerstones commemorative plaques historical signs building
name, or street number.
{F) Suns within a building or on a structure or fence located at an outdoor sporting_event
sporting facilit. or sports field.
(G} Temporary signs of not more than five (5) square feet advertising such items as "yard
sale," "garage sale," "property for sale," "open house " or `9ernonade" may be
displayed for one (1) week. Such suns must display the name address and tel~hone
number of an adult person conductin /supervising such sale and must be dated
~H} Suns erected on. a lot or lots that are fenced or screened so that no part is visible from a
public right-of-way or another lot.
(I) Construction Signs. During construction repair or alteration of a structure temporary
suns that denote the architectural or engineering firm contractor or builder that denote
the name of the structure and its use or occupants-to-be may be erected on the
construction site. Each sign shall be thirty-two (32) square feet or less in size and no
more than one (1) such sign shall be permitted for each architectural or engineering
firm., contractor, builder, owner or denoting the name use and occupants-to-be of the
stricture. Any of these may be combined on one (l.) or more signs but the total sauare
footage of the sign or signs shall. not exceed that set out above. All construction signs
shall be removed when the construction is completed.
{J) A flag or insignia of any nation, organization of nations state, borough, city reli ig, ous
civic, fraternal organization or educational institution except flags used in connection
with a commercial promotion. or as an advertising device.
(K) Event Signs. One (I} unli hted si n of up to thirt~two (32) square feet maybe
displa ey d for the purpose of announcing an event of civic philanthropic educational or
religious organization. Signs may be installed no sooner than ten (10) days prior to the
event announced and shall be removed within five 5( )days after the event No event
signs may be installed for a period exceeding thirty (30) days in any ninety (90) day
period. The ninety (9Q) day period begins on the first day the event sign is displayed
Event signs shall contain the date of their placement.
(L) Real estate signs of thirty-two {32) square feet or less used to advertise the sale or lease
of the property on which the sign is located.
Ordinance No. 2185-2006 Attachment D
Page 1 of 8
(M) A sandwich board si n of not more than sixteen (I6) squ,are feet exclusive of,other
signs allowed.
(N) Political Suns. Political si ns shall be removed within two (2) weeks after the date of
the election that the signs were displaced to promote,~provided that suns erected for
any primary election that remain relevant to the following general election ma,Y be
maintained until. two (2) weeks fallowing the general election If after reasonable
notice such si ns are not removed the Cit ma remove them and the candidate
or anization or erson who caused the si n to be laced ma be char ed for said
removal.
2) Allowed Signs Requiring a Permit.
(A) One (1} freestanding or marquee per l.ot of not more than one hundred twenty (120
square feet. Where there is more than one (1) business on a premises a combined
freestandin or marquee sign of not more than two hundred (200 square feet
(B) Suns Identifyin~ a Home Occupation. One ~l) sign per use not exceeding five (5)
square feet- Such si ng shall be no closer than ten feet (10') to any property line or shall
be tlat a gig nst the building. No ling is permitted.
(C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the
premises shall be permitted for churches schools. community centers and public
charitable or institutional uses. Such signs shall contain no more than thirty-two (32}
square feet in area Such signs may be used as wall signs• may be used as ground signs
when located a minimum of ten feet (10') from the street lot line• may be indirectly
illuminated.
(D) A permanent subdivision sign maybe placed at one (1) entrance to a subdivision and
may contain onl~the name of the subdivision. Such sin shall not exceed shirt. -two
3( 2) square feet. Any illumination shall be by indirect means.
(3) Prohibited Signs.
{A) Audio signs.
{B) Beacon suns.
(C) Fence signs.
(D) Roof signs.
(E) Rotating signs.
(F) Unauthorized signs in the right-of-way or on city property. Such signs maybe removed
and disposed of without notice.
(G) Sgzts that are higher than twenty feet (20') above the adjacent round or pavement
level.
{H) Signs containing profane or indecent words or illustrations.
(I) Signs containin,~ electrical equipment or electrical apparatus of any kind that causes
interference with radio, television, or telephone signals and rece tp ion.
(J) Suns placed on trailers or vehicles, which as parked or located are designed to
primarily to display said sign. This does not apply,to signs or lettering on buses taxis
or vehicles operated in the normal course of business.
(K} Flashing or intermittent il:luminati.on are not permitted.
(L} Balloons or other inflatable or gas-filled figures or signs..
(M} Suns not mentioned in the code are prohibited.
Ordinance No. 2185-2006 Attachment D
Page 2 of 8
with any authorized traffic sign, signal. or device. Na sign shall be attached to any
traffic si n or signal device, or to anv public si n~ ng~post.
(O) No.si~n other than public signs shall be placed within twenty feet (20') of anX
intersection as measured from the nearest intersection of street right-of-way lines.
(P} No off-uremises commercial advei~tising_signs, including billboards, except as allowed
in_subsection (f)(1)(G) of this section, or at an outdoor sportin event, sports facility, or
sports field.
{Q) Portable signs.
[(f7] ~ Nonconforming Signs.
(1) After the enactment of this section, signs located within the City of Kenai on the effective
date of this section that do pat conform to the requirements of this code shall be classified as
legal "nonconforming" signs if the sign was in campliance with applicable law on the date of
adoption of this code.
(2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
(A) The sign is altered in any way in structure which tends to increase its nonconformity with
the requirements of this code;
(B) The sign structure is relocated;
(C} The sign {except for copy on a changeable copy sign) is replaced.
Upon the occurrence of subsections (f)(2)(A), {f)(2)(B) or (f}(2}(C) of this section, the sign
shall be irr-rnediately brought into compliance with this code with a new permit secured or i.t
shall be removed.
[(g)] ~ Specific Definitions Pertaining to Signs.
(l.) "Applicant" means any for-profit or nonprofit enterprise, or organization, or any individual
not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or. sound, either spoken words, music, or
singing.
{3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon
being subjected to pressure by the wind.
{4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any
direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of pole,
projecting, and roof signs.
Ordinance No. 2185-2006 Attachment D
Page 3 of 8
(6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the
absence of a curb, the curb line shall be established by the City Engineer.
(7) "Display surface" means the area made available by the sign. structure for the purpose of
displaying the advertising message.
{8) "Electric sign" means any sign. containing electrical wiring, but does not include signs
illuminated by an exterior light source.
(9} "Fence sign" means a sign other than a real estate or. home occupation. sign. displayed upon
fences or upon walls that are not an integral part of a building or walls that are used as fences.
(10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly
by a building.
(11} "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or
braces in or upon the ground other than a combination sign, fi.n sign, or pole sign as defined by
this Coda.
(12) "Legal setback line" means a line established by ordinance beyond which a building may
not be built. A legal setback line may be a property line.
(13) "Marquee" means a permanent weather-proof structure attached to, supported by a building,
and projecting from the wall of the building.
(14} "Pole sign" means a sign wholly supported by a sign structure in the ground.
(15) "Political sign" means a sign promoting a candidate for political office, or promoting any
position on a ballot praposition.
(lb) "Portable display surface" means a display surface temporarily fixed to a standardized
advertising shvcture that is regularly moved from structure to structure at periodic intervals.
(17) "Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from ane (1} location to another. It is designed to
rest on the ground when displayed and may be with or without its own. wheels. Tt may or may not
be lighted.
(18) "Projecting sign" means a sign other than. a wall sign, which projects from and is supported
by a wall of a building or structure.
(19) "Real estate sign" means a sign advertising the sale, lease or rent of one (i) or more lots or
acreage or the improvements thereon by a real estate company or individual 1zcensed by the State
of Alaska.
Ordinance No. 2185-2006 Attachment D
Page 4 of 8
(20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure.
(21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trade marks by which anything is made known, such as are
used to designate an individual, a firm, an association, a corporation, a profession, a business, or
a commodity or product which are visible from an.y public street or. highway and used to attract
attention.
(22} "Sign structure" means a structure that supports or is capable of supporting any sign as
defined in this code. A sign structure may he a single pole or poles anal mayor may not be an
integral part of a building.
{23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or
without frames, designed to be displayed for a limited period of. time only.
{24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall.
Ordinance No. 2185-2006 Attachment D
Page 5 of 8
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1.4.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2} The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
{4) The word "lot" includes the word "plot" or "parcel."
{5} The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to
include the wards "intended," "arranged" or "designed to be used or occupied."
(b) Specific Definitions. (ADD TI3E FOLLOWING TO EXISTII\TG LIST:)
"A~riculture" means the science, art, and business of cultivating_soil., producing crops, and
raising Iivestock; farming:
"Assemblages" means a large athering of. people for an event such as a conceit, fair, or
circus."
"Assisted living" means 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.
"Farming" means a tract of land cultivated for the purpose of commercial agricultural
production.
"Hospital" means an institution that provides medical, sur 'cagi for psychiatric care and
treatment for the sick or the injured.
Qrdinance No. 2185-2006 Attachment B
Page 1 of 1
14.25.020 Application.
This chapter shall apply to all commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial
development" and "all development" shall be defined as any improvements requiring a building
permit for new const~uctian or any improvements of twenty thousand dollars ($20,000} or more,
which adds square footage, located on properties within the Central Carnrnercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (lL), Central Mixed Use {CMU), and Education (ED} zoning districts ar a
change of use as required in. KMC 14.20.250 (a). It i.s unlawful far any person to construct, erect
ar maintain any structure, building, fence or improvement, including landscaping, parking and
other facilities on property requiring alandscape/site plan unless such improvements are
constructed or reconstructed in a manner consistent with the approved plan.
Ordinance No. 2185-2t)06 Attachment F
Page 1 of I
I IG
STAFF REPORT
To: Planning & Zoning Commission -File
Date: September 8, 2006
Res: PZ06-49(revised)
GENERAL INFORMATION
Applicant: Alfonso Lamendola 235-7607
P.O. Box 3586
Homer, AK 99603
Requested Action: Landscape/Site Plan -Commercial Development
Legal Description: Lot 1, Block 4, Fidalgo Commercial Center
Street Address: 115 Bidarka Street
KPB Parcel No.: 04331035
Existing Zoning: CG -General Commercial
Current Land Use: Vacant
Land Use Plan: Central Commercial
ANALYSIS
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.
In June, an interim plan was approved for this location pending submittal of a building
permit application. Mr. Lamendola has submitted the Landscape/Site Plan and applied
for a building permit for the foundation for the proposed development. The updated plan
includes the site plan and landscaping. The plan shows the location of the proposed
structure, access, parking, landscaping, and the dumpster. The plan does not identify
landscaping other than to show proposed landscaped areas.
Section 14.25.030 of the code details Landscaping/Site Plan submittal requirements.
• Perimeter/Buffer Landscaping -The site/plan identifies areas to be
landscaped. The original plan noted grass for ground coverage. No
shrubs are noted nor has natural vegetation that was retained identified.
• Interior Landscaping - No interior landscaping is shown on the plan.
• Parking Lot Landscaping -The landscaping shown along the perimeter of
the lot also serves as parking lot landscaping along the access points.
According to the original plan, this will be planted in grass for ground
coverage. The parking lot must be paved within two (2) years of the
Certificate of Occupancy.
• Street-right-of-way Landscaping -The site/plan shows grass for ground
coverage.
0649(revised) Comment.doc
Page 2
The plan shows the location of the dumpster which appears to located in an enclosed
structure. Any dumpster on the site must be located in an approved screened structure.
The site plan does not show snow storage or drainage.
City Engineer:
Care should be taken to insure that siltation of the adjacent creek or city storm drains
does not occur until revegetated.
Building Official:
Snow storage areas are not designated but are available. Parking requirements cannot
be determined without a detailed floor plan. When the building plans are submitted, a
revision may be needed. Currently, parking is adequate for a medical clinic consisting of
one doctor, four employees, and seven exam rooms for two doctors, four employees and
four exam rooms.
RECOMMENDATIONS
The landscape/site plan is approved with the following requirements:
1. One hundred percent (100%) of ground cover of the landscaping beds
must be planted and maintained so that there is no exposed soil within
three years of the approved plan.
2. Snow storage must be located on the lot and cannot be placed on
required parking spaces or the snow must be removed from the site. No
snow may be stored in such a manner that would block visibility for
ingress and egress to the lot.
3. The parking lot must be paved within two (2) years of the Certificate of
Occupancy.
4. The structure for the dumpster must be constructed of wood or concrete
and must be approved by City administration prior to construction.
5. Parking requirements will be verified when the building plans are
submitted and a revision may be required based on that submittal.
ATTACHMENTS:
1. Resolution No. PZ06-49 (Revised)
2. Site Plan
. ~~~~'~• CITY OF KENAI
-__ ._;, -~ PLANNING AND ZONING COMMISSION
.~ f RESOLUTION NO. PZ06-49 (Revised)
ttica o 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: Marilyn Kebschull, City Planner
• Submitted by: Alfonso Lamendola
• Submitted for: Alfonso Lamendola
• Property Address: 115 Bidarka Street
• Legal Description: Lot 1, Block 4, Fidal~o Commercial Center
• Parcel No.: 04331035
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 WITH THE FOLLOWING REQUIREMENTS:
See Page 2.
~,
Rev ewed nd approved:
~~
Date:
L
0649 Res.doc
ADDITIONAL REQUIREMENTS:
Page 2
1. One hundred percent (100%) of ground cover of the landscaping beds
must be planted and maintained so that there is no exposed soil within
three years of the approved plan.
2. Snow storage must be located on the lot and cannot be placed on
required parking spaces or the snow must be removed from the site. No
snow may be stored in such a manner that would block visibility for
ingress and egress to the lot.
3. The parking lot must be paved within two (2) years of the Certificate of
Occupancy.
4. The structure for the dumpster must be constructed of wood or concrete
and must be approved by City administration prior to construction.
5. Parking requirements will be verified when the building plans are
submitted and a revision may be required based on that submittal.
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Marilyn Kebschull
From: Marilyn Kebschull
Sent: 14 September, 2006 10:47 AM
To: Carol Freas
Subject: Meeting Cancellations
At last night's Planning .Commission meeting, the Commission requested that the November 22nd
and December 27th meetings be cancelled. At this time, we have no agenda items scheduled for
these meetings. Please let me know as soon as possible if this request has been granted. Thanks.
Marilyn Kebschull, AICP
Planning Administrator
City of Kenai
09/14/2006