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HomeMy WebLinkAbout2006-10-11 Planning & Zoning PacketCOMMISSION CHAIR REPORT October 11, 2006 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REQUESTED BY: ADD: 6b Email from Jim Richardson concerning PZ06-64 CUP Cabin Rentals (Voth) Administration October 11, 2006 Planning & Zoning Commission City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: PZ06-64 Sent via e-mail to mkebschullna,ci.kenai.ak.us Dear Planning & Zoning Commission Members: I am an adjacent property owner to Mr. Voth, the applicant on this action. I request that you deny this request, as not being consistent with the purposes and intent of the zoning for the area nor are consistent with the other provisions of the applicants conditional use permit. A previous owner had requested a variance from Planning and Zoning to build an additional dwelling on this lot, and you did not approve that action, due to the limitations on the allowable proportion of the lot to be developed. This instance should be no different. This is a relatively small and narrow lot, making it impossible to operate large scale businesses without affecting neighbors on all sides. This business already imposes significant impacts on neighbors with noise late in the evening, traffic coming and going and very frequent pumpouts of their septic system. Over recent years, the septic system on this property has been a constant problem. DEC is aware of the inadequacy of the septic system, however, they do not have sufficient staff to enforce state regulations. The City of Kenai has not provided a paved road nor water and sewer to the properties along Angler Drive and as far as I know does not intent to. You should not permit uses that make existing problems worse for this area. Under existing use regulations by Alaska State Parks, this business is limited to a single small dock of 80 square feet. Their access to the river would not be increased if the requested cabins were to be constructed. The conditional use permit for the applicant allows three guides to operate from the property. As noted below, the allowable dock size will not allow mooring of more than four boats. Crowding and overuse on the Kenai River is an ongoing problem being addressed on a number of levels. Commission members may have read over the past couple of weeks that the Department of Environmental Conservation made a presentation to the Kenai River Special Management Area Board, stating that hydrocarbon emissions on the Kenai River from anglers operating boats in the lower river are above the level acceptable to the EPA. The DEC stated that a maximum of 350 boats may be necessary to come into compliance (there were up to 700 boats on the river on peak days this summer). If DEC and State Parks do not come up with a plan to bring hydrocarbon emissions into compliance, the EPA can impose use limits on the lower Kenai to resolve the problem. City of Kenai Planning & Zoning - PZ06-63 page two Adding new capacity into an already badly overcrowded situation, as the applicant is requesting, will only add to further crowding. Planning and Zoning Commission members may also be familiar with the wake and erosion studies that have been underway for several years, funded by the Alaska Department of Fish & Game and Alaska State Parks. The Corps of Engineers will be releasing their Phase 2 wake study within a couple of weeks. The study will reveal that the current use levels on the lower Kenai are causing wake-generated erosion that is harmful to the productivity of the river. The Kenai River Special Management Area Board has a meeting tomorrow evening (October 12, to address the hydrocarbon emissions and wake-generated erosion issue. It is likely that restrictive regulations on boating and angling on the lower Kenai will occur within the next couple of years, due to the severe nature of the impacts of current use levels. Allowing the applicant to overdevelop his relatively small lot will add to the overcrowding problem on the Kenai, and will exacerbate impacts to neighbors. For the reasons stated above, I ask that you deny this conditional use application. Thank you for the opportunity to comment. Sincerely, Jim Richardson 1015 Angler Drive Kenai, Alaska 99611 and 1543 East 26th Avenue Anchorage, Alaska 99508 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA October 11, 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 27, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-67 -Preliminary Plat -Alaska State Land Survey No. 2005-7. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ06-61 (Revised) -Preliminary Plat - Bookey's Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals (short-term rental) for the property known as 350 Ames Road (Lot 6, Block 1, Pelch Subdivision Part 1), Kenai, Alaska. Application submitted by Katherine Fleck, 31192 Nature Road, Royalton, MN 56373. b. PZ06-68 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.22.010 (Land Use Table) and 14.20.320 be amended to provide for residential development of up to seven or more family dwellings as a secondary use in the Central Mixed Use Zone and providing for a definition of "secondary use." c. PZ06-69 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.20.240(c) be amended by adopting mobile home standards for mobile home parks within the City of Kenai. Agenda October 11, 2006 6. OLD BUSINESS: Page 2 a. Reconsideration of 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. (Postponed from September 27, 2006.) 7. NEW BUSINESS: a. Capital Improvement Program Annual Review - Discussion/Recommendations b. PZ06-70 (PZ06-09) -Transfer Conditional Use Permit -Meal Preparation & Off-Site Catering from The Family Table to McLennan House for the property known as 601 Davidson Street (S34 NW1/4 SW1/4 SW1/4 NE1/4), Kenai, Alaska. Application submitted by Cheney McLennan, McLennan House, 602 Davidson Street, Kenai, Alaska. c. Rezone Angler Acres Subdivision -Discussion 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Landscape/Site Plan PZ06-66 Interim b. Landscape/Site Plan PZ06-52 c. Letter to Mayor Porter from Chairman Eldridge 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting "Proposed Central Mixed Use Rezone" a~. CITY 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 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS SEPTEMBER 27, 2006 - ?:00 P.M. CHAIR PRO TEMPORE JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Pro Tempore Jeff Twait called the meeting to order at approximately 7:00 p. m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: R. Fullinck, J. Twait, J. Jenckes, S. Romain Commissioners absent: P. Bryson, R. Wells (excused), B. Eldridge (excused) Others present: Councilperson R. Ross, City Planner Kebschull, Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Romain MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Fullinck SECONDED the motion. There were no objections. SO ORDERED. 1-c. Excused Absences Commissioner Eldridge Commissioner Wells 1-d. Consent Agenda MOTION: Commissioner Jenckes MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Fullinck SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September 13, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-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. City Planner Kebschull provided a report on the application (copy included in the packet) submitted and noted staff recommended approval. Chair Pro Tempore Twait opened the public hearing. Steve Voth, 160 Phillips Way, Kenai, Alaska -- Mr. Voth introduced himself as the new owner of the property and explained his plan for a principal structure. Voth noted his type of operation had been approved by the Commission in the past and hoped that it would continue. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ06-63 and Commissioner F~illinck SECONDED the motion. Discussion followed which included comments as follows: • Cabin rentals are not a principal permitted use under Rural Residential. • Use was not being dealt with this issue, only principal structure. • Cabins would be considered single-family dwellings and the first cabin could be built without a variance, and if the cabins would be connected in such a way that they would meet the zoning requirement, it would then be a permitted use within the zone. • Question of whether the Code required 30% or less coverage and Voth responded that he is about 12% with the new structures. VOTE: B son Absent Wells Absent Fullinck No Twait Yes Jenckes Yes Romain Yes Eldrid e Absent MOTION FAILED. Twait explained the 15-day appeal process and an appeal needing to be in writing to the City Clerk. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 27, 2006 PAGE 2 5-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 Kebschull reviewed the staff report included in the packet and noted staff s recommendation for approval with the following requirements: • The applicant provide proof of a DEC approved public water system and septic system prior to issuance of a permit. • The Fire Marshall must inspect all structures and certify they meet required fire/safety codes for said use. MOTION: Commissioner Romain MOVED to approve PZ06-64 including staff recommendations. Commissioner Fullinck SECONDED the motion. Twait opened the public hearing. Steve Voth, 160 Phillips Way, Kenai, Alaska -- Noted his availability to answer questions. There being no further comments, the public hearing was closed. MOTION TO POSTPONE: Commissioner Romain MOVED to postpone PZ06-64 to the October 11, 2006 meeting. Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: OLD BUSINESS -- None ITEM ?: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Ross noted the September 20, 2006 Council Meeting action agenda was included in the packet. 9-b. Borough Planning -- No report 9-c. Administration -- City Planner Kebschull reported the following: • The October 11, 2006 meeting will include three public hearings, one dealing with mobile home standards to ensure mobile homes coming into the area to meet safety standards and building codes. PLANNING 8s ZONING COMMISSION MEETING SEPTEMBER 27, 2006 PAGE 3 • A work session has been scheduled for following the October 25, 2006 Commission meeting. Two issues will be discussed, i.e. Townsite Historic Zone construction criteria (members of the Kenai Historic Society will be present as well as Architect Bill Kluge) and Capital Improvement Project nominations. • The November 22 and December 27, 2006 Commission meetings have been cancelled. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Zoning Bulletin (9 / 10 / 06) 11-b. CMU Ordinance No. 2185-2006 11-c. Landscape/Site Plan PZ06-49 Revised 11-d. Planning & Zoning Meeting Cancellations ITEM 12: COMMISSION COMMENTS & QUESTIONS NOTICE OF RECONSIDERATION: Commissioner Fullinck gave notice of reconsideration on PZ06-63. It was noted the issue would be included on the agenda for the October 11, 2006 Commission meeting. Voth was advised that if he was planning to appeal, the appeal should still be filed in a timely manner and it could be withdrawn if appropriate after reconsideration. Commissioner Fullinck expressed concern with the number of variances provided for the Anglers Acres area and stated he felt a rezone of the area would be appropriate. Kebschull explained the issue had been discussed previously with prior Commissioners and it was felt the property owners should initiate a rezone, however the Commission could revisit the issue. After general discussion it was requested the issue be brought back as a future action item. Commissioner Twait reported he spoke with Charlie See regarding the Limited Use zone and Mr. See was quite excited about it. Kebschull explained See would like to build a residential dwelling on the property he owns but because it is currently zoned Commercial he is unable to do so. The Limited Commercial zone will allow that construction. ITEM 13: ADJOURNMENT MOTION: Commissioner Fullinck MOVED for adjournment and Commissioner Jencke SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:35 p.m. PLANNING 8v ZONING COMMISSION MEETING SEPTEMBER 27, 2006 PAGE 4 Minutes recorded and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 27, 2006 PAGE S STAFF REPORT To: Planning & Zoning Commission Date: September 22, 2006 ya Res: PZ06-67 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Alaska State Land Survey No. 2005-7 Legal Description: Creating Tracts A, B, and C also encompassing NE1/4 NW1/4 and Government Lot 1, Section 31, TSN, R10W, and SE1/4 NE1/4 Section 36, T6N, R11 W, Seward Meridian Street Address: 505 Raven Street, 3535 Minchumina Avenue, 490 Shotgun Drive, and No Physical Address KPB Parcel No.: 04103036, 04103042, 04103035 and 04103043 Existing Zoning: RR -Rural Residential Current Land Use: Well House and Vacant Land Use Plan: Rural Residential ANALYSIS All parcels within Section 31 are outside of the City of Kenai limits and are not subject to this review. This review will be on the remaining four parcels in Section 36. The preliminary plat creates Tract A and identifies the City of Kenai's Well House No. 3 located within that Tract. The City of Kenai has a lease agreement for 12.5 acres within Tract A with the Kenai Peninsula Borough for Well House No. 3. The State of Alaska Department of Natural Resources owns the land, but the Kenai Peninsula Borough has management authority. The plat also creates a parcel containing approximately 40.03 acres identified as the SE 1/a NE'/4 of Section 36. The parcels are located in the RR -Rural Residential zone and meet the minimum lot size for the zone. City water only is available to Tract A. Water and sewer are not available to the other remaining lots. Access to Tract A is from Raven Street the other lots can be accessed from Shotgun Drive. PZ06-67 Comments Page 2 According to the Kenai Peninsula Borough aerial photograph, the only structure located on these parcels (within the City) is the City of Kenai's Well House No. 3 located on Tract A. There is a racetrack and a motocross track partially located within the platted areas. City En ig_neer: Nothing additional. Building Official: No Building Code Issues RECOMMENDATIONS Recommend Approval Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-67 2. Preliminary Plat s-~,~ j~~. CITY OF KENAI _ ~ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-67 thea~uf SUBDIVISION PLAT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Alaska State Land Survey No. 2005-7 was referred to the City of Kenai Planning and Zoning Commission on September 12, 2006, and received from Irate ri 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: Water only is available to Tract A. Water and sewer are not available to the remaining lots. 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: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES ALASKA STATE LAND SURVEY NO. 2005-7 SUBJECT TO ANY NEGATNE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 11, 2006. 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' Cl-. p ~' w`, ~ wQ P Ya, LLO U; _ ;o "~' vz I ~t y .t~~ ~ ~ ~ e -~ ~ im ~~ ~~ ry ~= ~ ~ ea R F :. 3 C ~ ~ s as a '~~ ~ ~ ~ ~~~ ~~~5 ^V O •~+ . d q ~ O ~ i ik ~ U ~ 2 j F w ~ a"s ~ a ~~ ~~ 9 ~ $, ~a ~, ~ ~~ ~ ~ d a 2 ~ . +Y~y ,zS+ ''~, dJ6a.~ .~~~ ~ o~~~ ~~a ~~ ~g m~ o C7 ~ ~ ~s, A U ~~ - g ~' d 2 y j ~ ~ f` ~ g~ y~ At SS a f ~~ ~~ o ~i~ ~ ~ 4 ` qif, O3 ~'~ ~ A a ~ ~ a ° i~ ~x ~_ wi< i 8 ~i4 Y~< ~ ~ ~ ! B ~ - Y ~ r ~ _ R ~~~ 3.II.Y6Yaa .~rett ~ ~ a N ~ N R' i~Y W< pZZ~ a y ~ - 6 :~ N2~ ° d ~ ~S ~ , ,~ ~R ~ d g ~. ~ a~3~ s S 9~~ 9 ~ ' ~ ~\ ~ ~+ 3 gb~. ~W~z < ~ yygy ~~~i~ ~ i fi ~~P ~ Q . t q o [ti d R < y < bf ~s 5 ~° ~ ~ '~ I Y g~ s < , ~ 5~ k Z :x .~ ~ a ~d d ~ ~ I ~, , iz B ~~ 8~ ,3gx=~ ~ ~~~ ~ A A ~ 8 w/u'~~ ~~S L.2/1'Da '~ i Aa'rsY IYi.Y:{aM fJ.Y[,acwnl ~ j ~ ^ A •wy. U p•a ~ o° 'N `^ ~ ~ a q ••~•n w •w~s :«•.o 1 I AGI ~ ASt I rv ~ I ~ 8 ~ a ~~ ~ a ~ ° ' ~ ~~IV aC i I U I y) ,YtDYC tiPC,YpYOa '° J _9 >_ A 2 ~ f. ~ 5 ~„ ~ 4 a ~~s ~~ a ~ ~ ~s- ~ 4~fi M.S[,16YQ5 ' U ec sam ~ °~ ®~ t ~~ a ~ ~r ~~ ~ z n ~ ~ ~; ~. ~ t ;ry\ a ~ ~ ~ II d •~ ~y ~ ~wN \ w q d ~ yb STAFF REPORT To: Planning & Zoning Commission Date: 9/27/06 Res: PZ06-61 (Revised) GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat - Bookey's Replat Legal Description: A replat of Lots 1-4 Block 3 Kenai Townsite, Tract `C' Gusty Subd. Addn. #2, Lot 2 Gusty Subd. Addn. #8, Tract `B' Shadura Subd. And Government Lot 13 Sec. 6 Lot Address Parcel # Zonin Land Use Land Use Plan Lot 1 & 2, 408 Overland 04706303 CC - Central Commercial Mixed Use Block 3, Kenai Avenue Commercial Townsite Lot 3, Block 3, 410 Overland 04706302 CC - Central Commercial Mixed Use Kenai Townsite Avenue Commercial Lot 4, Block 3, None 04706301 CC - Central Vacant Mixed Use Kenai Townsite Commercial Tract `C' Gusty 11535 Kenai 04716003 CG - General Commercial Mixed Use SD No. 2 Sur Hi hwa Commercial Lot 2, Gusty 406 Overland 04716006 CC - Central Commercial Mixed Use SD No. 8 Avenue Commercial Tract B, 496 Overland 04703007 GC - General Commercial Mixed Use Shadura SD Avenue Commercial Gov't Lot 13 None 04703008 CC - Central Vacant Mixed Use Commercial ANALYSIS This plat revises the plat reviewed by the Commission on August 23, 2006. The revision consists of dedicating an additional five-feet of right-of--way along Main Street. When reviewing the original plat, it was recommended that an additional 25-feet right-of--way along Main Street be dedicated to match the existing 50-foot dedication running north of this parcel to the Kenai Spur Highway. On September 11, 2006, City Manager Rick Koch submitted a letter to Kenai Peninsula Borough advising that it was the City 0661 Revised Comment.doc Page 2 administration's finding that the recommended 25-foot right-of--way was inconsistent with the public's needs and that afive-foot dedication would meet the City's needs and accommodate the existing sidewalk along Main Street. (A copy of that letter is attached.) This revised plat dedicates that five-foot right-of--way. RECOMMENDATIONS The revised preliminary plat is recommended for approval with the following contingencies: 1. It appears that the plat may eliminate some non-conforming structures (buildings straddling lot lines). Require verification that there are no encroachments remaining. If encroachments are identified, property owner must apply for and receive approval for the encroachments prior to the plat being recorded. 2. All former lot lines should be shown on the plat. 3. Prior to recording the final plat, require the owner apply for an amendment to the zoning ordinance to rezone the parcels to one zone so as not to allow the plat to create asplit-zone situation. ATTACHMENTS: 1. Resolution No. PZ06-61 Revised 2. Preliminary Plat (9/18/06) 3. Letter to KPB dated 9/11/06 4. Staff Report dated 7/31 /06 ~..,- f,, .~„~ ~ . CITY OF KENAI __ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-61 (Revised) `t~iea'tyuf SUBDIVISION PLAT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Bookey's Replat was referred to the City of Kenai Planning and Zoning Commission on September 25, 2006, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned CC -Central Commercial and CG -General Commercial and therefore subject to said zone conditions. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES BOOKEY'S REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October 11, 2006. CHAIRPERSON: ATTEST: 0661 Revised Res.doc Page 2 1. It appears that the plat may eliminate some non-conforming structures (buildings straddling lot lines). Require verification that there are no encroachments remaining. If encroachments are identified, property owner must apply for and receive approval for the encroachments prior to the plat being recorded. 2. All former lot lines should be shown on the plat. 3. 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ALASKA September 11, 2006 Ms. Mary Toll, Platting Officer Kenai Peninsula Borough Planning Department 144 Binkley Soldotna, AK 99669 "I/c`~~a e wit~t a Past, Gi wit~t a Future ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ Telephone: 907-283-7535 /FAX: 907-283-3014 'I~f 1992 Subject: Bookey's Replat, City of Kenai P & Z Commission Resolution No. PZ06-61 Dear Ms. Toll: The purpose of this correspondence is to state the city administration's opposition to a finding contained in the above referenced resolution. Under Finding 9.a.4., the commission required dedication of a 50-foot (25 additional feet) right-of--way along Main. This is inconsistent with the public's needs in this area. Presently, there is a 25-foot right-of--way from roadway (Main) centerline. At the edge of the right of way, a public sidewalk has been constructed, both within and outside of the existing right-of--way. City administration agrees that additional right-of--way is required, but only 5-feet, not 25-feet as recommended by the P & Z Commission. There is historical public use of the sidewalk, and to address that issue is sufficient. Thank you for your attention in this matter. Sincerely, Y ~NAI ch City Manager STAFF REPORT To: Planning & Zoning Commission Date: 7/31/06 Res: PZ06-61 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat - Bookey's Replat Legal Description: A replat of Lots 1-4 Block 3 Kenai Townsite, Tract `C' Gusty Subd. Addn. #2, Lot 2 Gusty Subd. Addn. #8, Tract `B' Shadura Subd. And Government Lot 13 Sec. 6 Lot Address Parcel # Zonin Land Use Land Use Plan Lot 1 & 2, 408 Overland 04706303 CC - Central Commercial Mixed Use Block 3, Kenai Avenue Commercial Townsite Lot 3, Block 3, 410 Overland 04706302 CC - Central Commercial Mixed Use Kenai Townsite Avenue Commercial Lot 4, Block 3, None 04706301 CC - Central Vacant Mixed Use Kenai Townsite Commercial Tract `C' Gusty 11535 Kenai 04716003 CG - General Commercial Mixed Use SD No. 2 Sur Hi hwa Commercial Lot 2, Gusty 406 Overland 04716006 CC - Central Commercial Mixed Use SD No. 8 Avenue Commercial Tract B, 496 Overland 04703007 GC - General Commercial Mixed Use Shadura SD Avenue Commercial Gov't Lot 13 None 04703008 CC - Central Vacant Mixed Use Commercial ANALYSIS This plat combines eight lots to create one large lot. The new Lot 1 will contain 2.647 acres. The resulting parcel meets the development requirements the CG -General Commercial and CC -Central Commercial zone. The combination of these lots will result in a split zone situation. City water and sewer are available to serve the lot. Access to the subdivision is either from Overland Avenue or the Kenai Spur Highway. 0661 Comment.doc Page 2 According to the Kenai Peninsula Borough assessing data and aerial photographs, there are structures located on some of the existing lots. There are not specific setbacks in the commercial zones; however, buildings must meet building code setbacks. Based on the aerial photographs, it is impossible to determine if the buildings meet setback requirements and the final plat must verify there are no encroachments. In 1991 with Gusty Subdivision No. 8 (Plat 91-9) an easement was recorded that provided access and right-of--way to Lots 1 and 2 of Gusty Subdivision No. 8. In 1995, this easement was released and replaced. The replacement easement/right-of--way provided access to Lot 1 but did not provide access to Lot 2 leaving Lot 2 landlocked. The Bookey's Replat will eliminate this land-lock situation. As noted above, the parcels being combined by this plat contain lots zoned General Commercial and Central Commercial. The City has not been allowing split-zone situations to be created through plats and instead has worked through platting to eliminate these situations. From aerial photography, it appears that the Main Street right-of--way may use a portion of Lot 1. A property corner marker was located in the sidewalk. Verification should be obtained and if this is used as a public way, that portion of Lot 1 should be dedicated to the Main Street right-of--way. The City's parcel base shows a long, narrow parcel of land between Lots 1, 2, and 3 and Gusty Subdivision No. 8. It appears this may be an error in data input and the preliminary plat does not show the properties separated. This should be clarified through the certificate of title and if it does not exist, the City's parcel base should be corrected at the Borough. Cites i The existing section line easement has provided legal access to Lot 2 and Lot 13. This plat eliminates the need for the section line easement. Apparently, structures are also located within the easement. Recommend the following: 1. Vacation of the section line easement. 2. Show all former lot lines to reduce confusion. 3. Show access easement to Visitor's Center parcel. 4. Dedicate Main Street right-of--way. Public Works Manager: The 50-foot dedicated public right-of--way from the centerline of Main Street should be continued. Building Official: This replat should eliminate building code violations for fire separation distances. 0661 Comment.doc RECOMMENDATIONS Page 3 Recommend approval with the following contingencies: 1. It appears that the plat may eliminate some non-conforming structures (buildings straddling lot lines). Require verification that there are no encroachments remaining. If encroachments are identified, property owner must apply for and receive approval for the encroachments prior to the plat being recorded. 2. Section line should be vacated to eliminate non-conforming structures built in the easement. 3. All former lot lines should be shown on the plat. 4. The easement/right-of--way granted to the City of Kenai in 1995 should be noted on the plat. 5. Prior to recording the final plat, require the owner apply for an amendment to the zoning ordinance to rezone the parcels to one zone so as not to allow the plat to create asplit-zone situation. 6. Require dedication of the 50-foot right-of--way along Main. 7. Research and show any utility easements on said properties. ATTACHMENTS 1. Resolution No. PZ06-61 2. Preliminary Plat 5~ STAFF REPORT To: Planning & Zoning Commission Date: September 18, 2006 Res: PZ06-65 GENERAL INFORMATION Applicant: Katherine Fleck 320-282-4979 31192 Nature Road Royalton, MN 56373 Gwins Lodge 18465 Sterling Highway Cooper Landing, AK 99572 Requested Action: Conditional Use Permit -Cabin Rentals (Short-term Rental) Legal Description: Lot 6, Block 1, Pelch Subdivision Part 1 Street Address: 350 Ames Road KPB Parcel No.: 04949002 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. Applicant is applying for a Conditional Use Permit for cabin rentals (short-term rentals) for the property located at 350 Ames Road. Applicant explained that she and her husband purchased this property through a foreclosure sale and have worked to restore the property. The applicant works during the summer at Gwin's Lodge in Cooper Landing and her husband is employed in Minnesota. They would like to rent the house on a short- term basis to help defray the costs for maintaining the residence. Attached is an explanation of the proposed use, floor plan, and sample of the house rules. To approve the plan, the Commission must find the application meets the criteria 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 if the rental is managed to insure rentals are at least 3 days and all house rules are enforced. - 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 City of Kenai has considered and reviewed requests for this type of Conditional Use Permit on a case-by-case basis. It does not appear the Comprehensive Plan would consider this type of use as a home-based business. The use, if managed closely, should be no different than along-term rental. - Public services and facilities are adequate to serve the proposed use. The proposed use would not require any more public services or facilities than a single family residence. - 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 Commission should review the proposed house rules to determine if additional restrictions should be placed on the use to insure the residential integrity of the area is maintained. City En i~ Traffic increase should be minimal if rental of entire house each night, not each bedroom. Site should accommodate parking. The applicant will be responsible for complying with ADEC requirements. Building Official: No Building Code issues. RECOMMENDATIONS The applicant is proposing to rent their home located at 350 Ames Road for short-term rentals. The applicant is currently employed in Cooper Landing and the home is vacant for extended periods. The applicant has spoken to a neighbor who currently watches the home and they have agreed to continue monitoring the home if the conditional use is granted. The applicant advised that they have worked very hard to restore the property and believe that the type of client they are seeking would respect their property. The applicant has a background in the tourist industry and is employed at Gwin's Lodge in Cooper Landing. She advised she would use those skills to place clients and monitor the residence. Until a business such as this has been allowed to operate, it will be difficult to identify if there are issues that may detract from the residential neighborhood. Because of this, it is recommended that the Commission consider granting a permit for one tourist season (May 07 to September 07). At the closure of that season, the Commission can review the use and determine if a permanent permit should be issued. Recommend the following: 1. Grant a temporary permit for one tourist season from May of 2007 to September of 2007. 2. After the temporary season, review the permit to determine if a permanent permit should be issued. 3. Prior to the permit being issued, a current State of Alaska business license and Kenai Peninsula Borough sales tax certificate must be on file with the City. 4. Prior to the permit being issued, the Fire Marshal must conduct an inspection to insure the residence meets the fire code for the proposed use. Report prepared by: Marilyn Kebschull, AICP Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-65 2. Application 3. Drawings -~-~N~~'~, CITY OF KENAI _ y PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-65 theu~of 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: Katherine Fleck USE: Cabin Rentals (Short-term Rental) LOCATE: 350 Ames Road -Lot 6 Block 1 Pelch Subdivision Part 1 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04949002 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 12, 2006 2. This request is on land zoned: RR -Rural Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Grant a temporary permit for one tourist season from May of 2007 to September of 2007. b. After the temporary season, review the permit to determine if a permanent permit should be issued. c. Prior to the permit being issued, a current State of Alaska business license and Kenai Peninsula Borough sales tax certificate must be on file with the City. d. Prior to the permit being issued, the Fire Marshal must conduct an inspection to insure the residence meets the fire code for the proposed use. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 11, 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 (Short-term Rental 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, October 11, 2006. CHAIRPERSON: ATTEST: e v( ~i (L~(.L. '~'~ TT -~,~~; __._ i ~~ t/aeu~uf ~~ KENAi~ SKA ~~ -~ S` "V °~la e wit~t a Past, Gi wit~r a ~ut~cre" .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 t!'~ Telephone: 907-283-7535 / :907-283-3014 ~I~~ ~~ 1992 C~~VF SFp D 6. /`it. ~~~ CONDITIONAL USE P APPLICATION Date: `~ ` ~ ~ I ~~ ~ F .-G/'v Applicant's Nam : ~ ~ eGt~ Phone: 0"1 Business Name: Mailing Address Street Addfess: Legal Description of Property: ~ ~ (~ ~`~(~ t~ ~-"(~~~~ Kenai Peninsula Borough Parcel No.: (~~~~~~ ~~~ City of Kenai Zoning: i ~ rn-tl ~, Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~~ 1 ~~, J ~.._ _~~ ~~ ~- ~iPa'Y-~ c 141- ~qL~ C l (Where permit will be operated from.) ******** The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information.. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested 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: ~i a n+-. `''~C"r' -~1~1.Y+~i.T' ~' f 3 X'~7Rr~ . i•t` ~rd1'. t' ~'~ ]~ ..3 ~'- . ' ~ ~ _ ~. .~: r ':; ~ RA' ~a --.-~ ~ ~ ~ pv Z __ r v,.. 7' a~krf ~w .A .::f.,.,' K 1 ~ *U. X+~s1~ .:ytiu,.3~~,.a. G ~ n t.l/ x!'44.. ~{ `~ ~ t --•-T _-._ yi-~ ~-_ 4 + r T. r,:. * ~. ~. 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', ,~ Fes: r„t~~`t~ h'~? ~'g~ a .~ ~~° ~~ y "I ~ +, I~y~'~ it t j J t' 4~`~r ~'.: ~ ~j. ~`F^A R' `4 1r , "~'~' " -tr" ~' ~ J.~tT _ r~} 4,. ~.^': c` F ~~.ttn'~ ~' ~ ~ r a I~~I~ . ~ ~. .i ~~x f r, o ti ~ ~ ~~~ ~ ,~- 1'~~ r; t* ~ a ~ °~ * H PLC .~ 7~y?~Y~'. ~c't~« i< ' ~,f "~ k t ~ 3i "t -.'` ~t^~' ^1C ~t~ ~ YF Ib'r f 7' ~' _a+Ti w ~~JC4 Y~' ~. °~ .,~ {~F., ~. ,,~~~$.,er~, t sn k ~ ~, { "` .t ~: ~ ~ ~ ; ,~ ~ try ~~, ..~.. /re t~ ~ 3 Ri.: ", a' .t , ~' so '~ ^L'L'-~~ ~~ x{' 9 ~ ~+ +ry: ~~{ aY`rc,~ yr,t ~ rR f' r~ ..,,, ~ ~.- - - ~^ r~,~. fa y .r .. r_~~`f(T .° R +-~ r'? ,aryl', ~. r L -.'^ '7'~'> } + i r ,fir ~- ~~ 'g.J+ ~, ir- ; i„ r 4~ "tFi 1' N~'`n~V'T. LOT l 6 •~ i u `~ ~= Y~, r.-k~ __ a t Rif ` ~, - 4a ,, ~" t 1 • .i i 1, ~~ ~ ~, ~ -~, r' ~- s ~'~. ..A~k. r~. ~. - 1.. ~~ r'J.. 7 !.f~1'r q'~ .e ~ '~ V !: ~ 'A Fes: ' , i a 3~> r. - ti tC. Y ~ •, l ~ F Ii'J' - ~ ~ ':~+. - L S Y `~ .~ ~ ~r~~ +` 4~u •,~'¢i~., ~y,4 ~ ~'t-j11.A'i re.t J ~~,w nJ >~. ,._ > ,+~.,J ,~,~~ l r~ 1 ~..~(~l ) + ~ ~ ~ r -r ~ ` e ~~~ti~ kY~,~~ 4 .} ~' ~ s ~~ i1~'I f "~'1 ~~i'~ ' Y Y If ~` ~~ r 9 l~~.`,~ ~ . fr,r~ r iiT ~ ~- a ~ 4~ .; ~ ~;~ 1 . V ~ ~,~ ~ Y~ a F,~ ~ ~~ ~ C, ~ ~ ~ ` 1y ~ M 1 ~'~j k~ .•'k ~f' r~ ~3} 1' ~ ~Z1r l ~r ~ ' i ~. 1 ~t ~ ~ ~ ~ i ~. 3' ~. 'z +~ z ~ ~" '/~° ~, ~ ,s, ~ { ~ 'b ~ ` ~ w '~~ 'i n rt .~ ~ ' ~ ' ,~ ~ ~; , ,. ~ r .,J.~ :..;~ . r.~??~~.+-:~ _t..~?''~ a•' nf*4°• 1. ~:t^. ~ K2'.R .~`_ .. ... ~ n ~~~ e9t1 ~:~.. J t, a ~_ ".<. c ~ _ ~ 'T-- e ~ ~_~ -- =-- ~r .r~s~~c~ C'er~-~..~ ~-~4- .end .`C - ~`~ \I l~ ~ ~ -more.. -~-r~i-~t~ --}-~` >lr~- rn~p hum-rid _ a~ ~ ~~.rou,I~l ~r~e . ~~J ina~re...~ _ ~cc~~ -~-~sh cr~-is ~_prox ~ oo -Jo. so ~e c~ ~ l l ~t-~ -~Q a~YGtc _ -17xmt 425' C~r~c~ _, j J -- -. _-_~ ~~ ~. ~. ~.~ ___ ~y _. __. . _ ._ __ ___ o- _ _ ~__ _. ~3 __ _. _ __ ___ 7""/ ______ `~ __ .~ - -_~ ~has~ w~\\ ~~~ ~~l~5 _ - - _ ___ • ~ m . I i C~-a~ i zA_ ~dus~..~~ u~ ~ e exi~s ~ GZ.r~ ~=~~L C~1c-~-i Ui,~l¢.[5 i'lv 5m~~~~ ~~ n ~l-~~ h ~?le~s~ 5~0~5 a-l ~a.~e~. or, cc~~. October 2, 2006 City of Kenai, Planning & Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 .o.___.. RECEIVED flCT ~ 2~~G ~-~ RE: PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals I do not support the development of this property for short-term cabin rentals. I believe it will decrease the value of our property and will create additional traffic that will have a negative impact on the area. Thank you, ~lG~~ti''~ t~ 1 ~ (i c ~~ Dianna Plagge ICena~~ i~K 49%N __ Etieu'fj~uf KENA~ SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-68 5b A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 OF THE KENAI MUNICIPAL CODE AT KMC 14.22.010 (LAND USE TABLE) AND 14.20.320 BE AMENDED TO PROVIDE FOR RESIDENTIAL DEVELOPMENT OF UP TO SEVEN OR MORE FAMILY DWELLINGS AS A SECONDARY USE IN THE CENTRAL MIXED USE ZONE AND PROVIDING FOR A DEFINITION OF "SECONDARY USE." WHEREAS, the City of Kenai has created a Central Mixed Use Zone (CMU) at KMC 14.25.125; and WHEREAS, allowing residential development in the CMU Zone as a secondary use would further the concept of a mixed use area; and WHEREAS, allowing residential development as a secondary use would require the development to be coupled with a principal permitted use; and WHEREAS, a principal permitted use requiring alandscaping/site plan review should include the secondary use in those plans; and WHEREAS, the definitions section in KMC 14.20.320 should include a definition of "secondary use." NOW, THEREFORE, THE PLANNING & ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.22.010 and 14.20.320 AS SHOWN IN ATTACHMENTS A AND B: PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of October, 2006. 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Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial development which falls under the landscapin /g/site plans requirements of KMC 14.25 shall include and secondary uses in the landscaping and site plans. 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; f. 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. Resolution No. PZ06-68 Attachment A Page 4 of 5 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. 21. 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 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. Resolution No. PZ06-68 Attachment A Page 5 of 5 14.20.320 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 words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Apartment house," see "Dwelling, multiple." Resolution No. PZ06-68 Attachment B Page 1 of 8 "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Bed and Breakfast" means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. "Boardinghouse" means a building other than a hotel where lodging, with or without meals, is provided for compensation for three (3) or more persons, on other than day-to-day basis and which is not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and/or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building in which is conducted the principal or main use of the lot on which said building is situated. "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. "Centerline" means the line which is in the center of a public right-of--way. "City" means the City of Kenai, Alaska. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commission" means the Kenai Planning and Zoning Commission.. Resolution No. PZ06-68 Attachment B Page 2 of 8 "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple- family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one-family" means any detached building containing only one (1) dwelling unit. "Dwelling, two-family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. Resolution No. PZ06-68 Attachment B Page 3 of 8 "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Frontage" means all the property fronting on one side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Home occupation" means an accessory use of a service character customarily conducted with a dwelling, by the residents, which does not involve the conduct of trade on the premises. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. Resolution No. PZ06-68 Attachment B Page 4 of 8 "Loading space" means anoff-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights-of--way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front-corner lot" means the shortest street line of a corner lot. "Lot line, front-interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations Resolution No. PZ06-68 Attachment B Page 5 of 8 applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Non-conforming lot" means a lot lawfully existing at the time this ordinance became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non-conforming structure" means a structure or portion thereof, lawfully existing at the time this ordinance became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non-conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this ordinance became effective, or established on the premises of a previous non-conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursery, children's" means any home or institution used or maintained to provide day care for children not more than seven (7) years of age. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. Resolution No. PZ06-68 Attachment B Page 6 of 8 "Person" means a natural person, his heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, its or their successors and/or assigns or the agent of any of the aforesaid. "Planned Unit Residential Development" means an alternative method of development a residential neighborhood under more flexible conditions that other required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreational vehicle" means avehicular-type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Secondary use" (S) means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property "Service station" means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "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, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means aright-of--way classified by the State of Alaska as a primary or secondary highway. "Street" means a public right-of--way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. Resolution No. PZ06-68 Attachment B Page 7 of 8 "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Townhouse" means single-family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this ordinance, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. Resolution No. PZ06-68 Attachment B Page 8 of 8 ttie Gi~uf KENA~ SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-69 5c. A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 OF THE KENAI MUNICIPAL CODE AT KMC 14.20.240(c) BE AMENDED BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME PARKS WITHIN THE CITY OF KENAI WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home parks within the City of Kenai, and WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile homes brought into mobile home parks; and WHEREAS, such minimum standards would improve the safety, aesthetics and living conditions in mobile homes in the City of Kenai; and WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum standards for such mobile homes; and WHEREAS, such minimum standards would benefit the mobile home parks and nearby property; and WHEREAS, it is in the best interest of the City of Kenai to provide for minimum standards for mobile homes in mobile home parks; and WHEREAS, the minimum standards adopted in this ordinance would apply to mobile homes placed in mobile home parks after the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.240(c) is amended to read as stated below. 14.20.240 Mobile Homes. (c) Mobile homes for residential use maybe established only in mobile home parks as permitted in the Land Use Table, subject to the following mobile home standards. (1) No mobile home may be placed in a mobile home park until it has been inspected to meet the requirements of this ordinance. Mobile homes must meet the National Manufactured Home Construction and Safety Standards and display a seal certifying that it was built according to such standards. Inspection may be done by submission of photographs or ph sy ical inspection at the discretion of the Building_Official. Placement of mobile PZ06-69 Page 2 homes in mobile home parks shall require a building_permit. Notwithstanding KMC 4.32.015-R105.5, a building_permit for a mobile home shall expire 90 days after the date of issuance unless an extension has been granted. The fee for a mobile home building_permit shall be $100. The fee shall cover the costs of the initial inspection and subsequent inspection of foundation, skirting, code compliance, and entrances/steps. Access shall be provided for the building inspector to inspect the furnaces, water heater, foundation or blocking, and verification of smoke and carbon monoxide detectors. No wrecked or dilapidated mobile home may be placed in a mobile home park. Mobile home spaces shall meet the requirements of the electrical code as adopted in KMC 4.30 and the plumbing code as adopted in KMC 4.25. (2) Foundations. Mobile homes may be attached to permanent foundations; provided that the foundations comply with the city's buildin cg_ ode. Additions to such mobile homes on permanent foundations shall be factory-built additions or shall comply with the building code and shall be attached to permanent foundations. Mobile homes that are not on permanent foundations shall be blocked as specified in this section, and may have either factory-built additions or additions that comply with the building code. Such additions need not be placed on permanent foundations but must be placed on preservative-treated wood or 8" b by 8" concrete pads or concrete masonr uY nits. (3) Blocking. In order that safe mountings for mobile homes which are not attached to permanent foundations maybe provided, the minimum standards for blocking shall be as follows. Blocking shall be installed under the mobile home at the front and at the rear and at approximately eight feet on center under the main frame members on each side of the mobile home, and under the tongue if it is not removable. If wood is used for blocking the ground or bearing block at each point shall be a minimum of two-inch thickness by four square feet of surface and of preservative treated wood. Additional blocking used shall be a minimum of one and one-half square feet but in no instance be longer or wider than the block beneath. The block that is in contact with the frame shall be a minimum of two by six by twelve inches nominal size. Blocking may be laminated of material not less than two-inches. The use of shims will be allowed, provided the shim is of the same length and width and length as the block above it and in no case less than six inches by twelve inches in area. The use of wedges will not be acceptable. If cored concrete blocks are used for blocking the mobile home, the core shall be placed vertically on a solid concrete pad not less than four inches thick and not less than four square feet in area at each point of blocking. All such concrete blocking shall be load-bearing blocks commonly known as Class A concrete blocks. Materials and methods of blocking differing from those described in this section may be approved if submitted for approval prior to installation and approved by Building Official as consistent with the safety standards and goals set forth in this section. PZ06-69 Page 3 (4) Skirting. All mobile homes shall be skirted within 90 days of placement in a mobile home park. The skirting shall be in such a manner as to withstand the elements and all access openings in skirting shall be closed when not in use and made of solid panels. (5) All entrances to a mobile home shall be provided with permanent steps of pre-cast concrete, properly laid and cemented blocks, or treated lumber. The entrance to an attached deck or similar extension shall be considered as an entrance to a mobile home. Any piers used to provide stability to a mobile home must meet the requirement of the building code in effect at the time of installation. (6) Additions. Only one lean-to and one arctic entry may be attached to an~ mobile home provided they meet the requirements of this section. Additions may not use the mobile home for structural support. No lean-to or combination of lean-to and arctic entry built or attached to any mobile home in a mobile home park shall have a floor area exceeding the floor area of the original mobile home to which it is attached. No lean-to shall be constructed or maintained of any size or in an~position which violates the side yard, rear yard, front yard or maximum allowable lot coverage requirements that are applicable in the particular zone or mobile home park in which the mobile home and lean-to are located, or constructed within five feet of the next adjacent mobile home space line. An arctic entry is allowed at an exit/entry door from the mobile home. Additions to mobile homes require a buildingpermit. Additions map only be made to mobile homes meeting the National Manufactured Home Construction and Safety Standards and displa~g a seal certi ing it was built according to such standards. (7) Outbuildings and additional structures. Detached structures shall not exceed two hundred square feet. Detached structures shall be separated from the mobile home space by a minimum of five feet and no closer than ten feet from any mobile home or lean-to or other building in the mobile home park. Detached structures shall require a building.permit as required under the residential code adopted in KMC 4.32. The construction of lean-tos and similar structures shall be accomplished onlyafter obtaining a building_permit from the building official, and then in accordance with the city's buildin cg_ode. (8) Setbacks. There shall be a side yard of not less than 15 feet at the entry side of the mobile home, a side yard of not less than 8 feet at the non-entrX side, a rear yaxd of not less than 10 feet and a front yard of not less than 10 feet. (9) Space size. Each conventional single-wide mobile home shall be located on a plot/space having an area of not less than 3,200 square feet and each double-wide mobile home shall be located on a plot having an area of not less than 4,200 square feet. A mobile home may not cover more than 40 percent of the plot/space size for that mobile home. PZ06-69 Page 4 NOW, THEREFORE, THE PLANNING & ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME PARKS WITHIN THE CITY OF KENAI PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of October, 2006. CHAIRMAN ATTEST: STAFF REPORT To: Planning & Zoning Commission Date: 9/11/06 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 -~-~,~i'~. CITY OF KENAI _: ~ PLANNING AND ZONING COMMISSION ' RESOLUTION NO. PZ06-63 ttiea Lyuf 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. That the Commission moved for reconsideration and reconsidered the application on October 11, 2006. 8. 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, OCTOBER 11, 2006. CHAIRPERSON: ATTEST: ~, r ~„~~ . ~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-63 ttiea'tyof 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 An~1er Drive (Lot 5, Anders Acres Subdivision Part 3) (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: ,) ,~-,~~ ~~~ - .~ ttiecityof / KENAI, ALASKA ~~I/c'~~a e with a Past, Gi wit~t a Future ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 DATE: ~ ~ ~~ ~ -_..... ~~~ ~~~ ~~~ ' ~ 2006 'L4NNIN[`~n~KE~A/ APPLICATION FOR VARIANCE PERMIT NAME: ~`~-`>~'t.'~%.~ (,~~~~ PHONE: ~L'~-Z5`"~-~~.r~ MAILING ADDRESS: ~~ l~wj ~ + z ~ ~~.ie'o~x~n ~K ~'r~b STREET ADDRESS: __ ~ L~ ~~ ~ ~~~~ %e~r ~~ ~i~~+ I LEGAL DESCRIPTION: _ ~ ai ~ ~~ ~ ~,~.~~ /~G r~ ~t ~--I ~ j,,.~ ,~, KPB PARCEL NUMBER: ~ ~ ~ ~ %~ ~ j .S PROPERTY ZONING: K ti "`~ I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code): _ o~ [~rs`~~,j"~~.1 S~w~l.~uf u~z.~ ****** 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. ~I~~ 1992 2. ~ A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. ,~ V You aze 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 are present which aze peculiaz to the land or structures involved which are 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 variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • T'he granting of a variance shall be the minimum variance that will provide far 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: .~ =r '' ~a`j~E' J 0 ~~ `, ~' art;,,: ~' w J U ~ to Ndld 311S 3JaOl a3SOd0?Jd aaayl ~apd saaay s,aa~6u`d 5 col . - -y ~ / ~- ~\ ~ \ ~~~~~ v~ s / / ~~ ~ ~ ~~~ tiOG L1~ ~` FISH CLEANING \ \/ `. ~~c ~~~1' STATION l 110.61' rI=_-=li.~ ~ ~~~~ E NO6°02.1 ^ a sd oy ~ _ I 1 I ~ I \ METER 1 30.2' / / 46.0' - I \~ \~ / I JjI~11'/ I GRAVE6~\ F / ~/ ' I DRIVEWAY/ y PARKING ~ \~ ~ ~ ^^^ ~ - ~ / \\ ~_ \\ < -_ ~ w ~ ~ m I o I J I I I ~ - ~\ CONI BETE I/ CK A~UTME~T '8 SU VEy/ME,u~NDER LINE USED OR C~M UTgT' Nq~ PURPOSES ~~ / ~ ~_ \ ^=[70.00' N04°05'04"E 63. g' -~'-----_. M L°27.13' ~ -.__________._-_ ~1~. ~~a 2~~lJNH g~~~xx~ ~ ~ ~ gHa~~~~ ~ ~ o ~ W N Y L N L ~ ~ y o O X f6 ~ O C o m H m curi m a > ~ w~ O p Z N ,~ ~ ~ ~a,°u ~ (nd(A fN, ~ L V L ^ Z N,d ~ d ~ NY E ~n `o Q ~ a° > ~ ~, m~ ~ ~ LL Z ~L°_ a~~ mmm °c N W ~ ~ li~~ (q WU~ mcv ° (0 ~ ~ ~ ~ F d ~ J ~~®QwC7~c3 R N a ~W ~ ~ > ~ W O Q ~ ~~~~ [wA ~~QW J J ~ ~ ~ Q Z ~ ~ C7 O_ X? ~W~~ H JQxxpOF_F-. Z Qd' W ~ W!}/7~ ~ ~ .Oaawu~iZ~ Q O S~ 0 0 Q~~ z ~ J U Z N~ W~ d U z ? ~JO~~I-OU ~ W c"(q~QfAF- O Z ~~fAw W ~mQ w wowV>UQ> W J p v?Q~~~uUid ~ ~ I-aic9~aoo_ O ili > zX~?>U WQ Z Y - ^ U Z Z W [Dw-K~tDZ W Q J Y Q ~ U 7 0 z ~ w°pawu~iUga ~~ ww (n U a .=~icov~rim~0 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 quality of our life here has deteriorated. 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U C~+ W ~ ~ ~ d o 0 0 W ~~ •~ O W o.~ o., o a ~~ ~~ ~~ ~ Na Na Na ~ N N r+ O O N N O d w 0 a 0 0 N ~: N ~~>.':i ~ , . .n. ~ ~ w_ . ~ 'r '_ F.. 6 a~ r a ~ ,~ a a ~ ;. i y~i}N JUi 4 ~ ~ ilk t '~~ ~ +~ , 5~ F t~ , ~ ~ r ~ J - ~ .,v~ j F_.~ ~ 9 ~ r , ~ ~ z ,~ -r * ~ ~ ~ ~ r~, le h 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) .~. ~~„~' i~~. CITY OF KENAI _ ;~ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-64 ttiea'fyof 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 3) (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04939035 WHEREAS, the Commission finds: 1. 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. That the Commission postponed action and reconsidered the application on October 11, 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, OCTOBER 11, 2006. CHAIRPERSON: ATTEST: ~-~„~ s~~. CITY OF KENAI __ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-64 ttieu'fyof 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 3) (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04939035 WHEREAS, the Commission finds: 1. 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 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. 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. 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, SEPTEMBER 27, 2006. CHAIRPERSON: ATTEST: D~ _~¢~.- "V'~~a e wit~t a Aast, Gi wit~t a Future" 9 ~' ~r-~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ "`~~"~" ~' Telephone: 907-283-7535 /FAX: 907-283-3014 ~II~~~ ..-~,:...:~{ii~,p'q; ..-_.. 1992 c ttie cc'fy u f ~~~C ~ ~/~'~ KENAI~ SKA ~,~~ _ ~ ..~ CONDITIONAL USE PERMI ~~~~N~~~ ~F~~~~~ APPLICATION .~ . r~,,~..._ Date: ~ 6 ~ Applicant's Name: ~~'~~~ ~~(~ ~~ Phone: S ~' ~ ~ i 1 Business Name: (i~~~ ~~l9~„ ~3 f~~~sr ~ ~.a~l~~ cn Mailing Address: ~(.~ 4~~- ~. ~ ~~ ~j,~~) ~4~ ~ y I % ~~~' Street Address: ~c~~~' r~V-~ l~~ ~~-,\~.{,~ (Where permit will be operated from.) Legal Description of Property: ~. ~~ ~ ~ ;~ ~ ~.~„ar ~ ~, ~ ~~ I^~ ~~"11(?~ Kenai Peninsula Borough Parcel No.: ~j ~/°/t3~~.35~ City of Kenai Zoning: ~/~ - ~,, ~r..(~ ~f.ti ~P ~,~ ~ ~,~,~~ ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~ (~~,~'~ ~t~.l~ i~~ j/~r) ~' "~ ~'~ iZ~ ~ i Yf A~ ~ n ~~ ~ ~ ~flt~/t1~ f.11 ?~ ~ ~ lt~~a ~ ~/ _ _hU~'~~~'D~~ ~ C.~7~I~f1"krse..t~ ~~Vtlifi.;~~l;~~t ~#e.r~fd w ~ ~- ~~~ ~~ `~t~1. ~9 %'~ ---~ ~/s ~~ /t3~ ~a ~(sY dry r!~ LlJf 7G^ ~ Gf~ (~fet~./,d` ******** The following information must be provided before vour application will be considered for processing. Do not submit vour application until it contains all required information. (Check each box that applies and attach the necessary information. to this application.) ,~ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested 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. [S~' Public services and facilities are adequate to serve the proposed use. ~C 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: , /~/ `-.-~j j U~d Date: ~~~/~7~ _____ -.._.._..._..__. _____. pops[ ON 90t' -aN N(IOB Ol313 31v0 NUJn~Cl31i u ~pp ` ` V~ ~ ~ ~~ ~; Nb'ld 311S ~ g' x~~ ~ sg ,,tl ~= 3JaOl 43SOd0?Jd ~ '° $a~ ~ u . ~_ aaaul bpd saa~y s,aa~6uy s ~Ol ~ ~ w~ oaf ~ ~ .e d~N~s3a ~.a ~d ~ o ~ ~ ~ s w U R N - -- > ~ ~ ~ ~` / ~ \ ~ i \ I ~ / / ~ '~V ~ ~~ ~ -.. ~YO~q ,~ ,;. FISH CLEANING \/ ,\ ~F ~~~` STATION ~ \~, ~\ ~. 11061' / ~`~ r~'e:=1 N ~~~~ N06°02'1 E a 6dOy ~ _ f METER 302' ~j /45.0' - ~~~~, I 1 GRAV~~ ~ ~ y~ I DRIVEWAY! PARKING ~ \ I ~ ~ ~innn ~ - ~ \ \ ~- ~~ ~\ < -_ w I ~ I o N I J I I 'E I/ 7Ey~T '~/ME~NpER LINE USED 17A7~ NAL PURPOSES - / ~ / ~ ~ ~ - \ R=27D.00' N~ 04°O5'Oq^E 83. 9' -'-'----- nlNa 3l~NH rn CD V7 n m ~ N Y: =v 3 L N O ~ ° X f0 ~ m o v E $ m ~ O c m N O LWL r m >. ° ~ ~ N ~ O ~ Z ~ ~°`° a ~ a m , v~n:in D ~ N C r '° L .. Q , o y~~ y o E o O ~ Z nFi N mm> _ ~ rW ~ ~ ~ m li ~ ~ (n w C7 d c v v ~ (>S v ~ ~ ~ H d ~ J O~ ®a W C~ ~ L 3 N ~ Q. W Q • W w o¢~ ~ ~ ~ [W d'~Q W J ..J ~ ~ ~ Q Z (n ~ (J ~ wm ~Ww~ H ~QxxOOI-H Z OKWLL'W~~ ~ w . O a a w~ z~ O =~o~QV}i~Z ~? ~ U U' cv IL H O Z Z W~o~~i-00 ~Wv~~Q~~ o z ri~mWw3ma wowU>V¢> (n OJ a Oz¢~~mO~ W ~ ~ ~1-~c9~aoa ~ 111 ~ Z X O?> U W ~ Z_ Y - ~ U Z O ~ ¢-rY¢O~~o ~ rN- w w~awcnUg~ a ~ a ~~o~cWi33~ ~ ~ ~~~~azz~ U) U a ~~i rivirico~O 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 Drove is zoned rural residential. In 1990 my wife and I retired and moved to our properly 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 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. Raf h ~l'usseldor p p 1025 Angler Drive (PO Box 2648) Kenai, AK 99611 283-5034 ~C~I --_:._ IK.. "~~~a9e wit~r a Past, Gi~ with a Future" MEMO: ,4~„~~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~-~,%~N ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-253-7535 /FAX: 907-2833014 ~I =`~ Telephone: 907-283-7535 /FAX: 907-283-3014 III '` 1993 -' - 1992 ue~,yof the cc'ty of HENA~ SKIT KENAI~ SKA TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: September 26, 2006 SUBJECT: Capital Improvement Program Attached is a project nomination sheet for the annual review of the CIP Program. For your information, I am also attaching a copy of last year's Council resolution and program priority list. The Commission will have two opportunities to provide input to Council for this year's program. On October 11t ,the Commission should discuss and consider any projects you would like to nominate for consideration in this year's program. On October 25th, the Commission will hold a public workshop to receive input from citizens and other city boards and commissions. Chairman Eldridge has provided a list of suggested projects he would like the Commission to consider. That list is attached. Attachments "~ c'ffa e u~c't,~ a Past, Gi u1it1~ a Future" .~ _~ ,~~~^~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ .- _ ~ Telephone: 907-283-7535 /FAX: 907-283-3014 ~ ~ 'III -- _ ~~ 1992 tl~e city u f KENAI~ SKA • • TO: City Council FROM: Rick Koch DATE: September 14, 2006 SUBJECT: CIP Program, Annual Review & Update The purpose of this correspondence is to inform you as to the time-line for the above referenced process. Notification of process to Council 9/20/06 Project nomination period 9/25/06-10/13/06 Commission/Committee reviews 10/2/06-10/12/06 Administration review 10/16/06-10/20/06 P & Z review of administrations 10/25/06 Proposed capital program & make recommendation to council Council-Introduce capital improvements 11/1/06 Progam Council-Adopt program 11/15/06 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Project Description: _ Project Justification: Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: Estimated Effects on Municipal Budget: Recommended Funding Sources: Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2005-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FISCAL YEAR 2006 - 2011 AS THE OFFICIAL SIX-YEAR CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF KENAI. WHEREAS, the Capital Improvements Plan (CIP) is a long-term guide for capital expenditures; and, WHEREAS, the City intends to use the CIP as a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs, and public input; and, WHEREAS, the CIP process has also involved a public nomination and comment process; and, WHEREAS, the CIP compliments the legislative priorities, City Budget, and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements Program adoption on December 7, 2005. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA adopt the attached City of Kenai Capital Improvements Plan Priority List Fiscal Year 2006 - 2011 as the official Six-Year Capital Improvements Plan for the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of December, 2005. PAT PORTER, MAYOR ATTEST: -~~Gf Carol L. Freas, ity Clerk H J H O ~.. Z Wg Yy Q Z } CCW ~ G U> a J FQ- a Q U ~~ ' i ~~ > > w w w w w w w z z l z~ z z z z p p o p as «. y N ~ • ~ N O ~ N M N M N a N N d ~ ~ ~ 0 ~ d ~ ~ ~ ~ O LL to C ~ d ;a C7 •- C7 C 7 U C~ U U' U C 7 C 7 C7 C 7 (~ C~ W N ~ _ N M M M M M M U '- ~ ~`~ r 0 N n r N ~ ~ 1 ~ o r N ~ ~ Y ~ r I d N I ~ 1 ~ ~ i m ~ O ~ `~ p ~ Y ° ~ V N ~ N rn ~ d I O` d a0 C ~ ~ Y Y ~ Y Y Y O ~ N ~ ~ N M N N M h N Y O ~ Y O ~ Y O O Y O ~ Y O M Y O Y O O Y O O Y N Y ~ Y O Y O ~ M t t f1 N C O t M O Y ~ o ~ ~ N t O ~ 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 0 0 o 0 c 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w O O O O O O O ~ O ~ O O O O O = •~ O O O O O ~ N O O O O O O O O O O ++ y O O t~ ~ M N ~ M O ~ O M h M O M O N O V ~ N 00 M I ~ N CO o O ~ ~ ~'- p ~ ~ * V N C •V E Q N U . ~ •• a~ a~ M E •° ~ °o O~ °~ ~ m I- ° E m ~ E ~ + N O a~ ~ Q M E ~ d H o v, o N z a~ E N ~ o c m m ° c .'3 U ~ C7 ~ c ° ~ ~ m ~ ~ ~ ~~ ~ E ~ m c U y • c O o L mm c a ~ a i E N ~ ~ E y ° 'y N c N ~ Y ~ C > ~ ~ M o U ; a a ~ N to m y E U ~ m ~ c o N ~ •g .n -~ y y ~ E p r ~ ,~ (q ~ ~ c m y c •~ y y ~ a = y w J E r ~ ~ ~ ~ ~ v° c •~ a? m ~ ~ E o ~ ro F- cn _d c> > 'x O a~ E o p v a ~ N N t O ~ L N 7 f0 C C N O Y Y U ~ ~ 2 U ~ 7 d N U C) Y N Y d 2 N fn fA ~ U Y fA fn OD ~ ~ ° m °~ ~ C C N ~ ~ ~ H U,~ ~ W Z O ~ W 2 O d m n aci E E ° aU o co c ~ •O p ~ c 2 my _ N C ~.0 U d ~~ ~ ~ c " ~ E v m ~ ~a o L H N C ~ ~p O .0.. U y a~ ~ c c d o O a~a d c d v cLL m= O J Q > r °' o: i C7 C7 ad +N„ 2LL y ~_~ N 1~'J Q Q ~ W v 0' ~^ W W ~ O Q ~ y m p ~ ~ ~ M D. ~w?i LL U M ~ pQ ~~ d w`p~L"~' °~ ~ °d~Q m ~LLUO.. O c W W ~ fga~pvl C v ~ l0 N ~ ~' «nf. N '-' ILUtAtL~ "Vi'~~a e wc`t~t a fast, Gi wit~r a ~r~ture" 9 ~ "`~~~~'~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX; 907-283-3014 ~~ . 1991 fire cc'ty o f KENAI, ALASKA 2005 PROJECT NEEDS ASSESSMENT SCHEDULE U=Urgent: The project cannot be reasonably postponed because it is necessary to correct a condition dangerous to public health, safety, or welfare -or- The project is required to maintain a critically needed program-or- The project is required to meet an emergency situation. E=Essential: The project is required to complete or make fully useable a major public improvement -or- A "Desirable" project that pays for itself. N=Necessary; Projects which should be carried out within a few years to meet clearly anticipated needs -or- Projects that will replace unsatisfactory or obsolete facilities -or- Projects to remodel existing buildings. D=Desirable: Adequately planned projects that could expand existing programs or initiate new ones -or- Projects that convert existing facilities to other uses. A=Acceptable: Adequately planned projects that could be postponed if budget reductions are necessary, without detriment to present operations. DF=Deferrable: Projects that should definitely be postponed or eliminated from the current capital program since the overall need for the project is questionable, adequate planning has not been done, or timing is wrong. CITY OF KENAI CAPITAL IMPROVEMENT PROJECTS Under $50,000 Kenai Municipal Airport Terminal Parking Lot Upgrades $50,000 Kenai Police Department Locker Room Upgrade -Men's $20,000 Kenai Police Department Locker Room Upgrade -Both $40,000 Kenai Little League Restroom $35,000 12/29/05 CITY OF KENAI PROJECT NOMINATION WORKSHEET SMALL PROJECTS Project Title: KENAI POLICE DEPT LOCKER ROOM tiPGRADE MEN'S LOCKER ROOM Project Description: Replace existing lockers with ones having more space and greater practical use. Project Justification The current lockers are standard "school hall lockers" lacking sufficient space for storing/hanging uniforms & accessories, firearms and other gear (toiletries, etc). Estimated Project Costs: Construction or purchase cost: $ 20,000 shipped & received. Not installed, Annual maintenance and operation cost: $0 after installation. Other major cost items: Removal of existing lockers & benches in order to make room for new lockers/seats. Estimated Effects on Municipal Budget: One-time increase of $20,000 for purchase and shipping. Increase could be offset with old lockers auctioned or reappropriated to another department whose needs might be met with these, thus replacing that cost. Recommended Funding Sources: Inclusion in Acct. # 4538 (Repair & Maint.) for FY07 budget. 12/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET SMALL PROJECTS Project Title: KENAI MUNICIPAL AIRPORT TERMINAL PARKING LOT UPGRADES Project Description: Realign entrance and exit roads and reconfigure parking spaces in long term and rental car parking lots. Project Justification The exiting lot was designed under antiquated guidelines that did not anticipate the larger, longer wheel base vehicles now in use. The current spaces are too small and the longer vehicles parked in those spaces impede the traffic flow and snow removal in the aisles. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: Estimated Effects on Municipal Budget: Recommended Funding Sources: $50,000 Snow removal costs will be reduced due to improved efficiency of wider aisles None None The driveway realignments are public roads and should qualify for State or Federal road dollars. The parking lot does not qualify for FAA Grant Funds. 12/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET SMALL PROJECTS Project Title: KENAI POLICE DEPT LOCKER ROOM UPGRADE BOTH LOCKER ROOMS Project Description: Replace existing lockers with ones having more space and greater practical use. Project Justification The current lockers are standard "school hall lockers" lacking sufficient space for storing/hanging uniforms & accessories, firearms and other gear (toiletries, etc). Estimated Project Costs: Construction or purchase cost: $ 40,000 shipped & received. Not installed, Annual maintenance and operation cost: $0 after installation. Other major cost items: Removal of existing lockers & benches in order to make room for new Lockers /seats. Estimated Effects on Municipal Budget: One-time increase of $40,000 for purchase and shipping. Increase could be offset with old lockers auctioned or reappropriated to another department whose needs might be met with these, thus replacing that cost. Recommended Funding Sources: Inclusion in Account # 4538 (Repair & Maint.) for FY07 budget. 12/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: KENAI LITTLE LEAGUE RESTROOM Project Description: Purchase and placement of one (1) concrete restroom Project Justification: Little League Fields do not currently have permanent restroom facilities. High volume of seasonal use of this complex justifies this type of infrastructure. Estimated Project Costs: Construction or purchase cost: $35,000 Annual maintenance and operation cost: $1000 Other major cost items: Estimated Effects on Municipal Budget: Minimal maintenance & operation costs. Concrete facility would be vandal resistant. Recommended Funding Sources: Legislative 12/2005 Capital Improvements Projects(suggested projects to look at) 1. Look at arterial streets in city and determine what roads should be work on and what the priority should be. This is a recommendation in the Kenai Comprehensive Plan. Extending Swires Road to Lawton Drive is one area that needs looking at. The water and sewer lines should also be extended to make a loop in the system. 2. Look at areas where water and sewer lines need to be extended to promote future development such as Bridge Access Road, Marathon Road, North Spruce Street and Valhalla Heights subdivision. If project to extend water line from Lawton drive to Beaver Loop road goes forward, make provisions for at least a one lane gravel road connection. 3. Total all the LID'S submitted as well as potential LID'S in the city and also all the remaining unpaved roads in the city and get a dollar amount to submit to state for all needed paving projects. Also evaluate all the trails and sidewalks in the city and arrive at a dollar amount for repairing or installing sidewalks in downtown Kenai. Along with sidewalks is a need to light them at night, look at costs of extending the old town lighting system to other sidewalks in the city. 4. Review the work the Army Corps of Engineers has done on the Bluff Erosion Project and Coastal Trail and see if starting the project in smaller chunks of 3 to 4 million dollars can get the project started. Review the Kenai Comprehensive Plan to identify other needed projects within the city of Kenai. b STAFF REPORT To: Planning & Zoning Commission Date: September 27, 2006 Res: PZ06-70 (PZ06-09) GENERAL INFORMATION Applicant: Cheney McLennan 252-6634 McLennan House 602 Davidson Street Kenai, AK 99611 Requested Action: Transfer of Conditional Use Permit -Meal Preparation and Off- site Catering Legal Description: KN T06N R11W S34 NW1/4 SW1/4 SW1/4 NE1/4 Street Address: 601 Davidson Street KPB Parcel No.: 04519001 Existing Zoning: RS -Suburban Residential Current Land Use: Residential Land Use Plan: Neighborhood Residential ANALYSIS Applicant is applying to transfer Conditional Use Permit PZ06-09) for off-site catering and meal preparation from Laura Ganshow, The Family Table. Applicant has agreed to operate the permit as originally granted and understands that an amendment will require a public hearing. In addition to the transfer, the applicant is processing an application to amend the Conditional Use Permit. That public hearing will be scheduled for October 25tH Mr. McLennan was originally granted a permit to operate a commercial kitchen from with off- site catering from this site in 2002. The following provides a list of permits issued for this location since 2002: PZ02-27 Commercial Kitchen/Off-site Catering McLennan PZ05-06 Meal Preparation McLennan PZ05-69 Transfer Meal Preparation Ganshow PZ06-09 Amended PZ05-69 -Off-site Catering Ganshow RECOMMENDATIONS Kenai Municipal Code 14.20.158 outlines the requirements for transferring Conditional Use Permits. The request to transfer this permit meets the requirements of KMC 14.20.158 (a), which states: "No conditional use permit issued hereunder shall be transferred until the proposed s 0670 Comment (0609).doc Page 2 transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application." The requested transfer meets the requirements of Kenai municipal code. Recommend approval. ATTACHMENTS: 1. Request for Transfer 2. Resolution PZ06-70 3. Resolution PZ06-09 ~~~ '~•._ CITY OF KENAI -_-__ _-; , PLANNING AND ZONING COMMISSION { ,~ f RESOLUTION NO. PZ06-70 (PZ 06-09) the a o TRANSFER OF CONDITIONAL USE PERMIT KENAI,ALASKA MEAL PREPARATION ON AND OFF-SITE CATERING A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR MEAL PREPARATION AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: LAURA GANSHOW TO CHENEY MCLENNAN FOR THE PROPERTY KNOWN AS KN T06N R11W S34 NWl/4 SWl/4 SWl/4 NE1/4 (601 DAVIDSON STREET), KENAI, ALASKA WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Cheney McLennan, The Family Table, in 2002 for a commercial kitchen with off-site catering. 2. That permit was amended 2005 for a meal preparation business. 3. That Ms. Ganshow purchased the business, The Family Table, and leased the commercial kitchen from Cheney McLennan and the permit was transferred to Ms. Ganshow. 4. That in 2006, Ms. Ganshow's permit was amended to include off-site catering. 5. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 6. A request to transfer the permit was received on September 27, 2006. 7. That the transfer requires that the permit continue operation under conditions originally outlined. 8. 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 CONDITIONAL USE PERMIT FOR LAURA GANSHOW DBA THE FAMILY TABLE FOR MEAL PREPARATION BE TRANSFERRED TO CHENEY MCLENNAN DBA MCLENNAN HOUSE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING OCTOBER 11, 2006. CHAIRPERSON ATTEST ,t-~,~~, --- ~~ tyre cc'ly a f ~~ KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 'I~~ 1992 R~ _ ~~ ~"„"*+ ^~„ ~~ TRANSFER OF ''` CONDITIONAL USE PERMIT Kenai Municipal Code 14.20.150 (i)(4) allows Conditional Use Permits to transfer from one (1) owner to another for the same use and location, but if there is a change in the use on the property a new permit must be obtained Date: ~lZ7w ~ 6~~~- Applicant's Name: } ~~~ ~ ~~ ~t~-h ~w~ Phone: ~-~ Z' '. Business Name: C ~~`h ~-•~ -~-~jj~.~~ Mailing Address: (n ~~ ~~l S y ~1 Previous Owner: ~~.e ~ i ~ ~~l ~ , ~--p~.r~,.. ~ ~ Street Address: __ - lra p ~ ~ 11,~'(~S o to ~-~-, ~..~-/~~ (Where permit will be operated from.) Legal Description of Property: Kenai Peninsula Borough Parcel No.: City of Kenai Zoning: ~w ` -~~~~ ************* I agree to operate the above business as required by Resolution No.~a~D~°If the operation of the business changes I agree to apply for a new Conditional Use Permit. Applicant: ~' 1' ~~l Zne~- Date: ~ 2~ e ~+ T- "I/c'~~a e wit~t a Past, ~i wit~t a F~ctr~re" .~ ~~I/'~~a e u~it~t a Past, Gi wit~r a ~utr~re ~~ .~ ,~ .z-~,~N ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 `~ Telephone: 907-283-7535 /FAX: 907-283-3014 (III, ~ ~ 1992 tl~e cc'ly o f' KENAI, ALASKA ^ ^ TO: Planning & Zoning Commission , l ,. FROM: Marilyn Kebschull, Planning Administrator `' DATE: September 28, 2006 SUBJECT: Rezone of Angler Acres At your meeting on September 27th, you requested that information be brought to you to discuss whether or not the Commission should initiate a rezone of the Angler Acres subdivision. As was commented, the area, through the conditional use process, has developed as primarily a commercial area. Kenai Municipal Code 14.20.270 outlines the amendment process. A copy of that section of the code is attached. Also attached is a report showing zoning permits that have been issued in this area and a map depicting the extent of the permits. A review of the Land Use Table shows that the Recreation Zone may accommodate most of the uses currently permitted in the area while still allowing residential use. There are some uses that would still require Conditional Use Permits such as hotels and motels. Does the Commission want to initiate a petition to recommend an amendment to the zoning code to rezone the Angler Acres subdivision? 14.LU.L~/U Amendment procedures. Page 1 of 1 Kenai Municipal Code Up Previous Next Main Search Print No Frames Title 14 PLANNING AND ZONING Chapter 14.20 KENAI ZONING CODE 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights-of--way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, anon-refundable deposit/ advertising fee one hundred dollars ($100.00) and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. (Ords. 925, 1179, 1461) http://www.gcode.us/codes/kenai/view.php?topic=l4-14_20-14_20_270&frames=on 09/28/2006 V .~ CAS ^~ •~ rO V V ~h~n IA I W F- O Z d N Z a_ 6i ~ w V 0 W o °a Q w w W ~ J ~ ~I z 0 U a ~. m 0 W H W W F- 0' W a O W a C r+ _~ d M a U ~ ~. ~ Q Q Q N_ .fir a b 0 Q eq 3 ti °~' .7 ai a .~ a U .~ O~ Rr Rr 4 M Q ~ ~ Q ~ ~ ~ ^ ~-: N i. Q U Q o a q N V1 Q Vl .~ N ~ ~ ,~ a -. 0 0 Q ~~ o ~a.~ o ~ ~~ a .-1 ~ ~ ~ Q" ~ ~ U U Q,"U ti ~"~ ~ ~ U ~ .~ ~ ~ o. U ~ ~ ~ U C7 a •~ _ CU 'b ~~ cd U a oho ~ ~ O~ M ~, N 0., C a 0 U ,. / W M T) 'CS a Q Q v~ U ~' ~ N s.: Q ,~ , ~ ~ ~. . Q Q ~, ... Q v¢i 0.N1 0 00 ~"~ eh M a -- a -- 0 0 b b~ ~ ~ ,~ ~ ,~ , a i b a x a ~ . ~" U ~ ~ ~ .V. ~;H ~¢ ~' b O C/~ ici ~ p ~ C ,4 X. c~~a~, a a O U ... .'" ~" a ~ '~ U a v1 N 01 O O o; N a d. w 0 w +. o H .~ a. Q' A Q ~O O a b 0 a ~, ~~ ti U ~w¢ y0 A ~ U ~ ~ U a~a .~ U ~G O '~ v w N N O O O N w O .-i a~ oA a O O N ~: ,C G 00 N O ~ ~ ^' '~ W ¢ ~ ~ ,~ O N ~ ~ ~ Z ~ 00 ~ ..~, N ~". tl. ~"" ~„"+ O PN-~ a Q 'O Q Lir d O N Z a. a. N O ~ ~ Q Q ~ M A d ~ `n v' M ~ ti ~ ~ W U U a Q U cp"'c U W 0 N Q ~ Q U Q U Q ~ Q Q' Q _y Q Q W ~ ~ M ao N ¢ M Q O O ~ N ~ ~ ~ ~ a. `a. a. a. c. `o, a Q d Q Q Q Q Q Q ~ ~ ~ m ~ ~ W •~ c ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ G' cqa x-o Ca c7wa ix~Q xcga3 wxx ,d U Y U ~ U N ~ ~ ~ ~ y V] V] ~. V] ~ y ~+ V] O y o 7 cd o cC N y cad o °~ xx ~ c~ ~~ ~x~ ~~ a, GW. c ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~+ O O O ~. ~ O O ~.. ~ O } ~ _ y .~ W N ~ „'"'~ W N ~'', ~ ~ LL v~ p., C~ ^~ ~ y q~ C~ ~ y q O N O N i., `~ O N O N ~„ y O N = Ua Ua H~ c~a Ua H~ Ua O o o, o ~o ~n ;~ _ M_ [~ N M O ~--~ ~ O O O O O O O H N N N N N N N d w O N bA G~ QI O O N a~ 00 N 0 v~ ~ ~ W b `~ o `~ °° L ~ Z w v ~ ~: ~ ~ H ~ O N O ~ Q b Q 3 3 d to .? .? ri ~ A a a oq an ~, ~ Q Ca ~. ~ W Q Q a~ ~ a~ Q ~ ~ ~ ~, W 0 ~ Q ~ Q ~ Q ~ Ga ~ Q ¢ Q ¢ Q c ~ ~ Q W ~ ~ ~ ~ Q ~ ~ ~ ¢ ~ ~ ~ ~ ~ W ~ N vl N vl 00 Ul Q V) rQ O ¢ O ¢ O J F o ~ c ~ c ~ ~ ~ ~ ~ w ~ ~ ~ Z a~i a~i abi abi abi a~i abi O o 0 0 0 0 0 0 V a a a a n°", o°", a Q Q Q Q ~ ~ Q Q } °' m o = U U U p ~v .n...1 ~ ~~a-1 ~a ~a ~ b ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o .a ~~. O O ~ O ~ W p '~ ,~ p ° v ~' Uo ~ ~ ~ rx x w rx rx ti W ,..~ cG Q r~ Q r~ Q N ~ ~ ~ ~ ~ ~ ~ ~ ~7 ~ °~ b .o b .~ ,~ ~ b o C7 C7 '~ C7 d' W ~ ~' o 0 0 0 O ~' a ~ W c a a d U~ U~ U~ U _ ~~ ~ , Ua, H~ EEO H~ +;a ~ ~ O N 00 01 O N N N N N N ON N d 4, O M bA C~ a 0 0 N ~: d 00 N ~n ~n ~ d' et M OO 00 00 O~ O~ 01 w w O ~ ~. ~. Z w w w ~. ~. ~. H E-~ H d O N Z O ~ ~ w a iri A Q ~ cn N N 3 V W U U U W Q ~ Q ~ Q xi Q Q bD ,? b4 N y ~ J F d' ~ ~ q ~ C Q W ~ ¢ ~ ¢ ti Q W ~ m '^ ~' '^ ^' c J ~ 0 0 0 ~ 0 0 ~ a ~ ~ O > U a c a Q ~ Q Q m W ~ W W W W '~ y 0 0 0 ~ > 9 W .~e '~ '~ ~ ~ ~ ~ ~ a~ ~ b .~ .~ C7 C7 ~, b b ~ ~' U ~ U_ -o ~ ~c '~ F' .~ ~n ,~ rn U W ~ ~ ~ d o 0 0 W O w U •'~ U ~ U ~ w~ w~ w~ tia ~w ~a ~ ~~ F~~ ~~ ~ N N ~ O O N N N d ~. 0 a 0 0 N s: ~C G w d 00 N + ~ = ~ ~` 4 ~ is f+~ - _ r a a~ ~ g ~ ~ ~r ~F~.. ~~.. ~~•~ ~~ J AGENDA KENAI CITY COUNCIL -REGULAR. MEETING OCTOBER 4, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Ricky Gease, Kenai River Sportfishing Association -- Kenai Eagle Award Presentation/City of Kenai for City Dock Improvements 2. Thor Evenson -- Proposed Development of Evenson Property on Spruce Street and Proposed Access Through City Property. 3. Randy Bostrom -- Seasonal Business/Water & Sewer Billing ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS ~~~~~ ~, 1. 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. ~~~~ 2. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and ~ ~~~~~~o~ Appropriations by $150,000 in the General Fund for Payment to the Public Employee Retirement System. ~~ ~! 3. 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. ~ ~~ ~ 4. Resolution No. 2006-52 -- Transferring $24,647 in the Water and Sewer ~~~ Fund to Purchase a Sewer Jet-Cleaning Unit. .~. ~,.. ,,~ ~~ 5. Resolution No. 2006-53 -- Awarding the bid to Alaska Truck Center for a Sewer Jet-Cleaning Unit - 2006 for the Total Amount of 304,647. ITEM F: MINUTES ITEM G: ~~~fi~. ITEM H: /Q~Or2~7iti°~ 1. p//~~' 2. 1. *Regular Meeting of September 20, 2006. UNFINISHED BUSINESS 2 I~7~~i t~t,t1 Discussion -- Special Assessment District Update NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2193-2006 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for Failure to Obtain a Dog License in Violation of KMC 3.20.010. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Six-Month Evaluation of City Manager ITEM M• ADJOURNMENT ~b MEMBERS Lynn Hohl Seward City Term Expires 2008 William Hutchinson Ridgeway Term Expires 2007 Blair Martin Kalifornsky Beach Term Expires 2009 Todd Petersen East Peninsula Term Expires 2007 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES Paulette Bokenko- Carluccio City of Seldovia Term Expires 2009 Brent Johnson Clam Gulch / Kasilof Term Expires 2009 KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. October 9, 2006 Tentative Agenda A. CALL TO ORDER 1. Election of Officers B. ROLL CALL ~. ~i4% P C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. September 25, 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. Nelson Subdivision No. 1 Fort & Allen Addition KPB 2006-263 [Cooper/Fort, Allen] Location: Cooper Landing Cooper Landing APC 2. Tract A Seward Long Term Care Facility Subd. KPB 2006-266 [Sentec/Schafer] Location: City of Seward 3. Bidarki Creek No. 3 Revised Preliminary KPB 2006-191 [Imhoff/Breckenridge, Ackling, Fenske] Location: City of Homer 4. Misty Mountain (name to change) KPB 2006-267 [Imhoff/Rand, Tucker] Location: North of Homer City limits 5. Lisa -Lynn Subdivision KPB 2006-272 [Imhoff/Oxford, Mattke] 1 t My~4~ Location: East of McNeil Canyon K-Bay APC 6. Hollywood Kennedy Gibbons 2006 Addition KPB 2006-273 [Imhoff/Career, Trimble] Location: East of Sterling Hwy. in Anchor Point Anchor Point APC 7. Lake Vista Estates Part 5 KPB 2006-268 [Whitford/ Carlson] Location: On Moose Hollow Drive in North Kenai 8. Golf Acres Subdivision Cowan Addition (name to change) KPB 2006-269 [McLane/Cowan) Location: City of Soldotna 9. Anchor Point Acres Lot 30 Bookout Addn. KPB 2006-270 [Borderline/Bookout] Location: North of North Fork Road in Anchor Point Anchor Point APC 10. Birch Grove Estates KPB 2006-271 [Johnson/Vann] Location: Off Miller Loop Road in Nikiski 11. Lynn Subdivision Revised Preliminary KPB 2006-200 [Johnson/Lynn] Location: West of Cohoe Loop Road 12. Slate Subdivision No. 2 KPB 2006-275 [Johnson/Jensen] Location: On Swanson River Road in Sterling 13. Ruby Lee White Timber Wolf Replat KPB 2006-274 [Integrity/Seals] Location: City of Soldotna 14. Dawn Glow Anderson Replat KPB 2006-276 [Integrity/Anderson] Location: City of Soldotna 15. Kasilof River Drive Right-of-Way Acquisition Plat KPB 2006-278 [Segesser/Univ. of AK, DNR, Evenson] Location: South of Kasilof River in Kasilof ~} F. FINAL PLAT PUBLIC HEARINGS G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING NOTE LOCATION CHANGE THlS MEETING ONLY! The next regularly scheduled Plat Committee meeting will be held at the Kenai River Center, located at 514 Funny River Road, 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: 907-714-2378 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 October 9, 2006 - 7:30 P.M. Tentative Agenda 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/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 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 (sham 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 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 of 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 -None *2. Plats Granted Administrative Approval "3. Plats Granted Final Approval (20.04.070) -None "'4. Plat Amendment Request -None *5. Coastal Management Program -None `6. Commissioner Excused Absences *7. Minutes a. September 25, 2006 Plat Committee Minutes b. September 25, 2006 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS Vacate a portion of Afognak Avenue, a 60-foot right-of-way., dedicated by Forest Acres Afognak Addition (Plat SW 2006-11), AND Pine Street and Oak Street 40-foot rights-of-way dedicated by Forest Acres Subdivision (Plat SW 17), AND vacate all associated utility easements; within Section 33 and 34, Township 1 North, Range 1 West, Seward Meridian, Alaska; within the City of Seward and the Kenai Peninsula Borough. KPB File 2006-264 Note: Additional right-of-way is proposed to be dedicated to bring Maple and Cottonwood Streets to full 60-foot widths adjacent to the replat; Petitioners: Steven A. Schafer and City of Seward of Seward, Alaska; Location: City of Seward Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2008 Max J. Best Planning Director John Williams Borough Mayor 2. Vacate a 50-foot easement in favor of "Broccoli" along the south boundary of Tract C and Tract D as shown on Alder Slopes Subdivision (Plat HM 78-16); within Section 23, Township 5 South, Range 12 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough. KPB File 2006-265; Petitioners: Kemp and Jo-Carole Absher of Anchorage, Alaska; Location: East End Road in Homer; K-Bay APC G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 to complete a work in progress 22-foot by 36-foot cabin with a 34-foot deck at least 8-feet back away. from the river as authorized under the original Conditional Use Permit, Resolution 2004-19 Amended; Location: on a slough of the Kenai River near the left bank at River Mile 15.1, located on Lot 45, River Quest Phase 1 Amended Subdivision, Section 19, T. 5 N., R. 10 W., S.M., AK; KPB Parcel I.D.: 055-033-45; Petitioners: Joseph & Billie Hardy, Soldotna, AK; KPBPC Resolution 2006-56 A Conditional Use Permit Pursuant to KPB 21.18 to complete a work in progress 42-foot by 30-foot house with two separate decks at least 10 feet away from the canal as authorized under the original Conditional Use Permit, Resolution 2004-19 Amended; Location: on a canal of the Kenai River near the left bank at River Mile 15.1, located on Lot 79, River Quest Phase 1 Amended Subdivision, Section 19, T. 5 N., R. 10 W., S.M., AK; KPB Parcel I.D.: 055-033-77; Petitioner: Stan Pavlas for Emmerick Pavlas, Anchorage, AK; KPBPC Resolution 2006-57 A Conditional Use Permit Pursuant to KPB 21.18 to complete a work in progress 36-foot by 26-foot house with attached deck and three separate stairways and a 8-foot by 10-foot out building least 10-feet back away from the canal and 20-feet back away from the slough as authorized under the original Conditional Use Permit, Resolution 2004-19 Amended; Location: on the slough and canal of the Kenai River near the left bank at River Mile 15.1, located on Lot 39, River Quest Phase 1 Amended Subdivision, Section 19, T. 5 N., R. 10 W., S.M., AK; KPB Parcel I.D.: 055-033-39; Petitioner: Ron Kerkvliet, Kenai, AK; KPBPC Resolution 2006-58 H. VACATIONS NOT REQUIRING A PUBLIC HEARING -None SPECIAL CONSIDERATIONS -None SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 15 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Resolution SN 2006-14: Naming and Renaming Certain Public Rights-of-way within Sections 1 & 13, T2N, R12W; Sections 3, 14 & 19, T5N, R9W; Sections 7, 21, 22, & 27, T5N, R8W; Sections 22 & 24, T5N, R10W; Section 23, T4N, R11W; Section 25, T4N, R12W; Sections 3, 6 & 31, T3N, R11 W, within Emergency Service Number (ESN) 302, as approved September 25, 2006 FUTURE PLANNING COMMISSION MEETING PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY! The next regularly scheduled Planning Commission meeting will be held October 23, 2006 at the Kenai River Center, 514 Funny River Road, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce 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: 907-714-2378 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept I l~ STAFF REPORT To: Planning & Zoning Commission -File Date: September 20, 2006 Res: PZ06-66 GENERAL INFORMATION Applicant: Arctic Barnabas Ministries, Inc. 283-3377 135 Granite Point Court Kenai, Alaska 99611 Requested Action: Landscape/Site Plan -Commercial Development Legal Description: Lot 9A, Block 5 General Aviation Apron Subdivision No. 5 Street Address: 155 North Willow Street KPB Parcel No.: Pending Existing Zoning: IL -Light Industrial Current Land Use: Vacant Land Use Plan: Airport Industrial 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. Arctic Barnabas plans to clean up the property by removing overgrowth to construct a gravel pad this fall to prepare the site for development in the spring of 2007. The applicant's landscape/site plan shows a 40-foot by 80-foot two-story operations building an 80-foot by 80-foot aircraft hanger and a secured area for aircraft parking. Section 14.25.030 of the code details Landscaping/Site Plan submittal requirements. • Perimeter/Buffer Landscaping -The applicant's plan shows the required perimeter/buffer. (Note: The backside of this lot abuts an airport taxiway and no landscaping will be required in this area.) • Interior Landscaping -None planned at this stage of development. • Parking Lot Landscaping -Submitted plan shows planned parking with one area of parking lot landscaping at the corner of the building. Street-right-of-way Landscaping - Submitted plan shows planned landscaping development. City Engineer: The building permit application site plan will be reviewed for proper drainage, snow storage, parking and access. 0666 Comment.doc Page 2 Building Official: No Snow storage area is indicated for vehicle parking in front of building. RECOMMENDATIONS This is an interim plan to clear the lot and prepare the site for construction in the spring of 2007. The applicant's plan is for an aircraft hanger/office. The applicant will submit a final landscape/site plan when they apply for their building permit this winter to be ready to begin construction in the spring. The final plan will be reviewed to insure all code requirements are met. If a building permit is not submitted by May 1, 2007, applicant will need to request, in writing, an extension of the preliminary plan. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-66 (Interim) 2. Application 3. Drawings ~~-~~~'~- _ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-66 (Interim) t{reu~af 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 J. Carver, Planning & Zoning Assistant • Submitted by: Arctic Barnabas Ministries Inc. • Submitted for: Arctic Barnabas Ministries Inc. • Property Address: 155 North Willow Street • Legal Description: Lot9A, Block 5 General Aviation Apron Subdivision No. 5 • Parcel No.: Pending 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. R viewed and a proved: Date ~ ~ ~~ 0666 Res.doc ADDITIONAL REQUIREMENTS: Page 2 If a building permit is not submitted by May 1, 2007, applicant will need to request, in writing, an extension of the preliminary plan. At a minimum, the final plan will require the following: 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. G- G:`r`G ~j6/~U~i ~// LANDSCAPING/SITE PLAN REVIEW APPLICATION APPLICANT r~' ~c ~~~r/~~z~'~-5 fais.~r~ ~'.~, ,~ ~~, BUSINESS NAME LEGAL PROPERTY OWNER ~~,d . PROPERTY ADDRESS t° c;~~~ MAILING ADDRESS %~5"- ~ /,~~ P ,,, . ~: y,.~ 0~~~, PHONE ~ ~~ ~ ~ _. ~~~.~ ZONING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC CG IL R TSH (Circle one) LEGAL DESCRIPTION L~~ ~' ~ ~/~C°,~ ..~ ~~~~~~~/~dQ~ Q,~,~,",~ S~ PARCEL NUMBER Include the following on the Site Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d. Identification and location of non-living landscaping materials to be used. e. Identification of on-site snow storage areas. f. Drainage patterns. g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. li' Additional comments or information should be attached to this application. I ~~ ,~ ~ ~I ~ - ~ _ x `~ _., __. ~, „_ ~ .~,~~', . 20 ~~ r ~ ~i ~~bsi~'1~t~ '! ... .~ __ _ f . .% ~ i ,. ,~ , ~~ ~~ rf I ~ f ~ ,. fI I ~~ ~ 'Y ;~ ~~~ ~ -~V ~ IS+ ~. ~. .•,. u ~ ._ '{C ~ - ~ ~ ~ ..n .,.._ E _ . _. •' • ~ ... r - ~ ~ ~ _~, t~ ~~.." ~~.~ ~ -.-_ =w =-.--- ~ z. _. _ ~ 4 t lr _. _ . ~_~ .. ___µ_ . ._ . _._ .... _..._.: _.. _ _ _ _ ~ __ , ~ _~. _ .. _...~::~ ~~ t,~ ;~,, F! ~ ~ ~ ~4 = a F e 9 0 'c p ~ °~~ ~ g !~ 8 a ° ~~ ~ ~~~, ~ ~~~s~: d ~ W ea ~zx Y! g~~, ~ 9 ~n8~ ~ ~ t ~~~ ~ ~ ~ ~ it ~~ r ~€ ~ a~W ~ £ s ~ g~ `~.. ,\ ~ ~ ~~ ~ ~ "~~ ~ ~ ~ 3 ~ ~ ~~ ~ de a~ ~ t ~ n ~ a a[ / ~. -~{/['%l/M.OL10.00 N/y ~ R~ . ~ ~~-4%"GW MAE10.00 N1~ ~~ ,~ ~,~ may, ~ r ~ ~ ~ ~ / ~ ~ ->.. ~ ~ ~ _ ~ ~~~ s ~~ ~ ;~ a f~ • ~ ..r a ~~ ~ i ~ ~; ,,,+q,,. a E ~ 2 ~ Q =- pp •{ x% 3 (~ ~ ~ ~2 ~77 ~ ygi s ~ ~ i`'~ ~ y ; t3 i a ~ ~~ e 3 `I _ a~~ cWi3E$ zz°B ~7i ~ W<i z~ ~F z Ilb STAFF REPORT To: Planning & Zoning Commission -File Date: September 21, 2006 Res: PZ06-52 (Revised) GENERAL INFORMATION Applicant: Ken Dunbar 260-1000 Indcom Properties, LLC P.O. Box 1330 Sterling, AK 99672 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Landscape/Site Plan -Commercial Development Lot 2, Block 1, Cook Inlet Industrial Air Park 100 North Willow Street 04323002 CG -General Commercial Vacant Central Commercial 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 submitted a revised landscape/site plan for the above referenced property. The preliminary plan was reviewed and approved on July 13, 2006. Applicant has received a foundation permit to begin construction on the site. Section 14.25.030 of the code details Landscaping/Site Plan submittal requirements. • Perimeter/Buffer Landscaping -The applicant's plan shows the required perimeter/buffer. • Interior Landscaping -The applicant's plan shows the required interior landscaping. • Parking Lot Landscaping -Submitted plan shows planned parking with one area of parking lot landscaping at the corner of the building. • Street-right-of-way Landscaping - Submitted plan shows planned landscaping development along property line and in North Willow Street right-of-way. City Engineer: Drainage will be reviewed at the time of building plan review. 0652 Comment (Revised).aoc Page 2 Building Official: Not available for Comment (Parking reviewed -based on 3,096 square-foot building, 20 parking spaces are required.) RECOMMENDATIONS Applicant has submitted the final landscape/site plan updating the interim approved on July 13, 2006. Applicant has received a foundation permit to begin construction. Recommend approval 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 dumpster cannot be placed in any of the required parking spaces. 5. The structure for the dumpster must be constructed of wood or concrete and must be approved by City administration prior to construction. 6. Parking requirements will be verified when the building plans are submitted and a revision may be required based on that submittal. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-52 (Revised) 2. Application 3. Drawings .~N~~`~. CITY OF KENAI _-_- - -' PLANNING AND ZONING COMMISSION .~ f RESOLUTION NO. PZ06-52 (Revised) eti"` LANDSCAPE/SITE PLAN PERMIT KENAI, ALASKA 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 J Carver, Planning & Zoning Assistant • Submitted by: Bill Hart • Submitted for: Ken Dunbar dba Indcom Properties LLC • Property Address: 100 North Willow Street • Legal Description: Lot 2, Block 1, Cook Inlet Industrial Air Park • Parcel No.: 04323002 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 REQUIREMENT: ADDITIONAL REQUIREMENTS: See Page 2. PZ06-52 Revised ADDITIONAL 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 dumpster cannot be placed in any of the required parking spaces. 5. The structure for the dumpster must be constructed of wood or concrete and must be approved by City administration prior to construction. 6. Parking requirements will be verified when the building plans are submitted and a revision may be required based on that submittal. LANDSCAPING/SITE PLAN REVIEW APPLICATION i, $~ .y:, . ,1}j 1 4 c~ APPLICANT ~ ~ ~ ~ v' ~ ~~~~, r- BUSINESS NAME ~ ~J ~~~,~,~ ,~~`, ~~;z,-~;'~ ~~ LEGAL PROPERTY OWNER _,! N Cc.~~y~ ~ ~ ~'e"c_ ~ ~ ~~ _~ ~ ~ ~ ~, C_ PROPERTY ADDRESS / ~ ~ ) MAILING ADDRESS ~ ~} ~rx ~ 33~% s`}r-~r', r~ ,~(~ °/ ~~~, ~>°j PHONE ~ ~,~ ._~ ~-:~ ZONING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC G~ IL one) R TSH (Circle LEGAL DESCRIPTION ~. e~~ ~- ~ ~~~ /~- ~ ~ r .~ ..~-, .~, PARCEL NUMBER ~~ ~3 ~}C%;~ Incll~de the following on the Site Plan. If not applicable please put an NA next to the item. '/ a. Common and scientific name of the planting materials to be used in the project. +/ b. Typical planting details. ~/ c. Location of all planting areas and relationship to buildings, parking areas, ,and driveways. l~ d. Identification and location of non-living landscaping materials to be used. ,~ e. Identification of on-site snow storage areas. y f. Drainage patterns. Gt ~ ~ __~_~ g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Additional comments or information should be attached to this application. ~ ~~ ~ ~~ II C17Y C~~ I~EN~iI~.., F'LAIVNlNG D~f~AI~~MwNY- Commercial Updated 3/21/06 Page 11 o~~- . ~ ~ N OSZ'1'I-) 1A/1 L 1..041 5'nZE.~T ~ . •e~j~ .pCNOWM ~' aN6ULf ` ~9f• Ny 6*r }UR Ova~Yyi-Y . `/ ~ ~ ~ dlellY6 ~, 67'~ tiARNLP ~ ~~ I . . ,/ 1 I. • ; j las,aa' I ~ , PiapeQlY u,~s I ' ~ Ct~+ P8T ~ ~ 1 I ~ . I ~ ~ 1 I . d ld4DPrdP6 1 ~rdFk]i D!4# ~ ~ ~ 2e' S ~ I I I e5]I ~ _ ,. 2 8 ~ ~ I a • d. ~+waoa (6oY1+/»f) ~9 ' I~ N m 3 ~ , •a Q ~~ o I • I ! ID ~ ~ I ~ a ~ • ~ I b $ ~ ~ r~~ ~ ~ O~~~CE P~IJII.~ING ~ 1 ~ fa 'e 5 . ~ fR7l6 S0. Pf.' ~ , I 0'.e ~ I I . I I ~ n. e ~ 1 IdYD9406 a ` lMeAf N~G ' w ~ /'` I ~ o ~ ~ iv T '41 Teo"r '7~-aF ~O 1..~. 1 ~I m ~ ja I _ 3 'o S i r v' ~ ~ ~ • © Mu<1 ANN ~7 wlor+I~ a - •J ~!C t 1 ~ ~~ ~ ' I ° . I ' ~ ,,, ~ ~ ~ a •~ ~~ ~ a f I ~ • I .~ ~ 2 ' I I ytowas ~ ~ ~•j. ' Jo _ + • I ~ Cw ~ Deus. ; 149.4Si ~ ` ~Di.~ ~M6 11 r QR64rsNT1.Y Pi61N6 t>~ d!S'A DPLINDrcb 9P{ICJ1 19T a11. 69.~DC~f VPCPtR.Tf 0.UHFtaS ~ . ' ~ ~ ~ ~~ Rachard Barry Eldridge 2679 Bowpicker Lane Kenai, AK 9961 I 283-7152 .Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Subject: Period of Absence Dear Mayor Porter, ~~ M1.~.~.~ --°- s ~~ ,. i ~~,~, 21 September 2005 This letter i.s to offcialiy inform you of a trip that I will be taking over these next two months. I am scheduled to Leave Kenai an the 26th of September for a ministry trip with our pastor to various cities in Argentina for several weeks ministering in churches from Corrientes in the North to Ushuaia in the South. Although 1 will miss four of the Planning and Zoning Commission meetings I desire to continue as a commissioner and have discussed my absence with. Marilyn and with the Commission. and they would like to see me continue as a commissioner as it does take some period of time to bring someone up to speed on the commission. If during this time I am elected to serve on the City Council, I will provide phone numbers where I can be reached for the two meetings i might miss prior to being back for the 15 November meeting of the Council. I did want to bring you up to speed on where I'll be during the next few meetings and ask that you consider this a special type of absence and allow me to remain on the Commission or Council. Thank you for your consideration. Sincerely, ~'`~ ___. Ba Eldridge