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HomeMy WebLinkAbout2006-12-13 Planning & Zoning PacketCOMMISSION CHAIR REPORT .December 13, 2006 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD: 6a 6a 7e 7f 9a Letter from Bob Friend, President Administration Bluff View Condo Association Statement by Susan Anderson Administration Code Amendment - KMC 14.20.250 Administration Off-street parking and loading requirements. Code Amendment - KMC 14.25 Administration Landscaping/site Plan Regulations Council Agenda -November 21, 2006 Administration November 14, 2006 Planning and Zoning Board City of Kenai I am the owner of the Burger Bus and have discussed the plans for the Family Table with owner Laura Ganshow . I am in agreeance with the cities approval for a Conditional Use Permit for the new location at 509 Overland Ave. I believe that this type of business will help promote the Old Town Kenai area and provide the city with a wonderful =7 service. ,~ ,--- ,, ~_.. ~~-~ . _. '` ~~: ~ ,: Thaw you ,~.~ ~.~ w ~~ December 13, 2006 Planning & Zoning Meeting Statement by Susan Anderson Re• DeWayne Craig's request for a variance Thank you for tabling the request until this meeting, giving me valuable time to consider the ramifications of granting a variance to allow replatting this piece of property. Let me give you a brief history of the property in question, a bluff front lot -part of a larger parcel owned by Lofstedts. In 2003 the Craigs filed lawsuit to get possession of this lot. Reading from the Complaint, of which Forest DeWayne Craig, is the Plaintiff, and Vernon L. Lofstedt Sr and Muriel R. Lofstedt are the Defendants, the Mr. Craig states the following: He has occupied and made improvements on the land for a period in excess of 20 years. He has: Landscaped by reinforcing the slope areas with old tires to prevent erosion; Planted roses, trees and shrubs on the properly; Put up tables, chairs, benches, swings, and barbeque equipment; Cultivated, filled and used topsoil, removed trees and stumps, rocks and roots and planted & cultivated grass & groundcover; Placed a large barrier fence and privacy fence; Left places for dogs, bird houses and bird feeders; Put up play areas for children including sand piles, swings and other outdoor equipment for children. I'm quoting this directly from Mr. Craig's own Complaint. Mr. Craig did this to land that he did not own, and without permission from the owners. Mr. Craig states in his Complaint that his possession of said lands was continuous and complete for a period in excess of 10 years as mandated by AS 09.10.030... Mr. Craig states in his Complaint that there is clear and convincing evidence that he has been in continuous, notorious, open, hostile and exclusive use of the property and that the Lofstedts never gave him permission for use of the property. He asked for title to the lot, and was awarded title by the Court Order signed by Judge Harold Brown on December 27, 2004. You all have copies of this Court Order in your packets. However you feel about this lawsuit, the Court Order is clear that this property is not to be platted as a separate lot, like Mr. Craig is now trying to do. The Court Order states, "This property shall be considered as a single part of that property owned by Duane and Diane Craig." Not as a separate lot. If platted as a separate lot, Mr. Craig could then sell it, as valuable bluff front property, or develop it as the same. He could realize a nice profit on his adverse possession lawsuit. Mr. Craig is not following the Court Order. Why would the City of Kenai want to go against the Court Order and the City's own code regarding the minimum square footage of a conservation lot? Why would you want to help him out at all? The correct thing for Mr. Craig to do, is to plat the property as a single lot as ordered. He does not need to request a variance for that. I reviewed Mr. Craig's variance request. On the City's own form, I noticed the following: 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: Five conditions follow. Number two states the following: 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 convenience. What's `pecuniary'? Turns out it means `financial, fiscal, or economic'. Ok, so The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a financial, fiscal or economic hardship or convenience. Let's examine this. "The special conditions or circumstances have not been caused by actions of the applicant...' Well, they most certainly were. He would not have this lot, except that he openly used it, knowing it was not his, and then filed an adverse possession lawsuit against its owners. I think we can say that the circumstances were definitely directly caused by the actions of the applicant. How about the part about whether `such conditions and circumstances do not merely constitute a pecuniary hardship or convenience?' It's assuredly about financial, fiscal or economic convenience. Mr. Craig wants to make it a separate lot for financial reasons, not to keep it as part of his adjacent property, or he would simply plat it according to the Court Order. So, this application violates both parts of the second criteria of the City's own variance application. According to the City's own criteria, Mr. Craig's application fails. Please do not approve this request for a variance, which violates a Court Order, and fails to meet the City's own criteria. Thank you for your time. Susan Anderson %r ,,~ ~ ,' IN THE SUPERIOR COURT FOR THE STATE OF ALASKA __ _ __ _ _. THIRD JUDICIAL DISTRICT AT RENAI FOREST DEWAYNE CRAIG Case No.: 3KN-0.3-395-CI Plaintiff, vs. VERNON L. LOFSTEDT, SR. and MURIEL R. LOFSTEDT, Defendant ORDER This matter having appeared by way of a Complaint for Adverse Possession, and the court having noted that the parties have been able to resolve the disputes raised herein have executed and filed a Settlement Agreement dated October 15, 2004, as incorporated herein, and the court being fully advised in the gremise; ' IT IS ORDERED that this Order shall serve to resolve all claims for that certain real property which is described as: DESCRIPTION "Commencing at the SE property corner of Lot 1 Block 6 -'~" Redoubt Terrace Subdivision addition No. 3, Plat No. 76-96 Kenai Recording District, corner No 1, the TRUE POINT OF ~ BEGINNING; Thence North 69°12'45" West 129.69 ft. along ~ the south property line of Lot 1 Block 6 to the SW W property corner of said Lot, corner No. 2; thence South a 20°47'15" West 33.76 ft., said line being an extension of the West property line of Lot 1 Block 6, to the top of the.... bluff, corner No. 3; thence along the top of the bluff South 38°11'51" East 43.80 ft., South 21°43'06" East 49.09 ft, South 49°12'43" East 39.41 ft, South 67°25'43" East 44.21 ft, North 74°47'22" East 18.27 ft to a point on the extension of the east property line of Lot 1 Block 6, corner No. 4; the~ice North 00°12'45" 103.52 ft along the extended east property line-of Lot 1 Block 6 to the SE ~r property corner of said lot, the TRUE POINT OF THE BEGINNING. IT IS FURTHER ORDERED that the property shall be platted pursuant to this description by the City of Kenai and further by the Kenai Peninsula Borough in accordance with this Order. Said platting issues and the necessity of this order are to overcome any concerns that the municipality or the borough may have with respect to square footage of the plat. This property shall be considered as a single part of that property owned by Duane and Diane Craig. IT IS FURTHER ORDERED any necessary fees for surveys, platting application fees, or other such fees as may be deemed necessary shall be paid by F. Dewayne Craig and Diane Craig in accordance with any requirement set forth by the municipality and borough for application fees and completion fees. IT IS FURTHER ORDERED that the parties shall sign any and all necessary papers and work in compliance in good-faith compliance of this Order. It is further ordered that the settlement agreement between the parties dated October 15, 2004 is incorporated herein. ~~FtT6~fC~TlCP9~1 :F i'3iS~i't`~li~i.i t et:.iP~ !certify that a copy of the foregoing was mailed to. ~ #oil their addresses of record. ~~ ~ ~ ~S'~ ~'C ~ w ~ DATE CLERK ~, Superior Court Judge ~~z~ f d~. Prepared by: Mark D. Osterman, Attorney for Plaintiff Consent as to form and content: ,, 1 _ /.. ~ LL '~''Bf ~ _. .. ~.r~~ ~~~ C. Baldwi~ rage 1 of 1 Marilyn Kebschull From: Bob Friend [robert_friend@labor.state.ak.usj °'"- "" ° '- Sent: 13 December, 2006 1:10 PM To: Marilyn Kebschull ~~C I ~~ Subject: PZ06-74 CITY OF KENAI PLANNING DEPARTMENT I wish to express some of my concerns regarding the proposed rezoning of the subject plat. I would rather be doing practically anything rather that creating conflict with my neighbors. That said, I must protest the action on grounds stated in the attached letter. Bob Friend 12/13/2006 December 13, 2006 City of Kenai Planning & Zoning Department Regarding PZ06-74 I am a concerned resident of the Bluff View Condo's adjacent to the subject property. Had I been aware of the legal issues underway at the time of purchase, I would have likely decided on another residential property choice. As it was, I purchased the view over a nicer property for the same price. Mr. Craig had more than ample opportunity to divulge the situation to me and the other condo unit owners but chose not to do so. I however, consistent with the law, am obligated to disclose this information when I sell the property. Although distressed by the whole idea, I am prepared to legally fight the proposed rezoning to protect my investment. Just the fact that the lot is a buildable piece of land diminishes my property value and marketability. As a lay person reading the actual court order, it seems obvious that the judge had the protection of the neighborhood residents in mind by stating that the subject plat should be legally joined with the existing condo property. This is not what is being proposed here. Mr. Craig is trying to create a new lot between the water and the "view" condo units. As stated at the November 8, 2006 meeting, this commission is not obligated by the court order. Why would you not honor a legal court order? By ignoring the order, you not only undermine the intent of the court but open the way for future litigation. Over two years after the court order, Mr. Craig has divested himself of all the "view" units and has begun the process of executing the court order. I must question the timing of his actions. Obtaining the property and getting it rezoned adversely effect me and my neighbors through Mr. Craig's actions. If the court order to attach the subject plat to the existing condo property were adopted, no adverse effects would exist. I find Mr. Craig's comment about doing it this way to save time totally confusing since this situation has existed for more than two years. Normally, all of this would have gone past me without concern but since moving to Kenai just over a year ago, I have been made acutely aware of the "buyer beware" philosophy. A sob story had me selling a television set and never getting paid. I bought an ATV after assurances that the fuel system was completely rebuilt. The throttle stuck causing a crash that broke my leg. A faulty alternator caused over $1000 worth of damage to my electrical system and the shop refused to accept responsibility (I had reported problems prior to the incident). My upstairs neighbor flooded my unit (broken pipe) but was uninsured and refused to pay. The contractor added charges for his work even though I did much of the finish work because he was already weeks past his promised completion date. His assurances of a "perfect match" on my ceiling work turned out to be a huge exaggeration. My floor installers never completed my wood flooring. They got paid, left early and never returned. I could go on but my point is, prior to entering into these transactions all of these people were very nice, personable and appeared to be totally honest. In a recent email, the Craig's expressed disappointment that we do not trust them. The Craig's are very nice people but as I pointed out, I am apparently not a good judge of people. I cannot take a chance for this large of an investment. Bob Friend President, Bluff View Condo Association -~ Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.250, OFF- STREET PARKING AND LOADING REQUIREMENTS, BE AMENDED. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of Kenai; and WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.250 AS SHOWN IN ATTACHMENT "A". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of January. CHAIRPERSON: ATTEST: 14.20.250 Off-street parking and loading requirements. (a) For commercial development, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargement, or change in use of any main building, permanently maintained off- street parking facilities for the use of occupants, employees, or patrons of such building. It shall be the joint and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herein established. (1) Site Plan Submission. A site plan showing all parking and loading areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts, and other information necessary to determine compliance with the provisions of this chapter. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this chapter. No certificate of zoning compliance and building permit shall be issued unless the parking site plan is approved. (2) Joint Parking Areas. Where there is more than one (1) use in a single structure or on a site (e.g., doctor, attorney, and retail grocery) or two (2) or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses: provided however, that where two (2) or more uses provide a single joint parking area, and their total required spaces totals twenty (20) or more, the minimum requirement will be seventy-five percent (75%) of the sum of the requirements for the various computed separately. (3) Location of Parking. Any parking space provided pursuant to this section shall be on the same lot with the main use it serves or on an adjoining lot except that the Commission, by a conditional use permit as specified in this chapter, may allow parking spaces on any lot if it is determined that it is impractical to provide parking on the same or adjoining lot. (4) Design Standards. (A) All parking lots shall be provided with a durable, well-drained, and dust-free surface and shall have appropriate bumper guards where needed; (B) Parking areas and front yards as defined in 14.20.320(b), which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage, or sales displays. Anon-conforming use of parking areas and front yards prohibited by this section shall be made to conform to this section within a period of one (1) year after adoption of this ordinance. Exception: Semi-trailers or containers may be parked in these areas for no more than thirty (30) consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites are exempt; (C) Any lighting of parking lots shall be arranged to reflect away from public rights-of- way and from any adjoining residential areas; (D) Curb cuts shall be located so as to avoid traffic hazards and shall be approved by the administrative official; (5) Interpretation of Space Requirements. (A) If a use is not specifically mentioned in this section, the administrative official shall determine the most similar use which is specifically mentioned. Parking requirements shall be the same as for that use; (6) Exception to this Section-Public Parking Lots. Notwithstanding other provisions of this section, when a use is located within three hundred (300) feet of an existing or Resolution PZ07-03 (Attachment A) Page 1 of 6 planned public lots, the off-street parking requirements of this chapter may be met if under the procedures specified in this chapter, the Commission issues a conditional use permit stating that the following conditions have been met: (A) The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use within one (1) year of the time of issuance of the conditional use permit; (B) The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot; (C) The public parking lot has or will have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of the lot. The Commission shall use the off-street parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. (7) Off-Street Loading: Every building or structure used for business, trade, or industry and normally requiring truck loading or unloading with respect to the use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley, or, if there is no alley, to a street. Off- street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended, or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows: (A) Retail business and service establishments shall provide one off-street loading and unloading space at least ten (10) feet wide and thirty-eight (38) feet long with a fourteen foot height clearance per building; (B) Industrial plants shall provide one off-street loading and unloading space for each twenty thousand (20,000) square feet of gross floor area. Each loading space shall be minimum of twelve (12) feet wide and fifty (50) feet. long with a fourteen (14) foot height clearance; (C) Trucking terminals shall provide one off-street loading and unloading space for every five thousand (5,000) square feet of total floor area used for storage, warehousing, and shipping. Each loading space shall be a minimum of fourteen (14) feet wide and sixty- five (65) feet long with fourteen (14) foot clearance. (8) Off-Street Parking Require-ments: Resolution PZ07-03 (Attachment A) Page 2 of 6 DWELLING AND LODGING MINIMUM NUMBER OF PARKING SPACES REQUIRED Lodges, rooming/boarding houses, dormitories, One (1) per principal dwelling unit and one bed & breakfast, and other structures containing (1) per guest room or one for every two (2) sleeping rooms other than, or in addition to beds whichever is greater. dwelling units Mobile Home Parks Two (2) per mobile home. Motels, Hotels and Cabin Rentals One (1) per unit plus two spaces. Multiple-family dwellings, retirement homes and One (1) per efficiency unit; and two (2) per other places containing multiple dwelling units other units. Single-family dwellings, two-family dwellings Two (2) per dwelling units. and child care homes INSTITUTIONS, PUBLIC MINIMUM NUMBER OF PARKING USES/COMMERCIAL SPACES REQUIRED Aircraft Hangers One (1) per one thousand (1,000) square feet of gross floor area. Assembly with fixed seats: Auditoriums, One (1) per four (4) seats in the principal churches, funeral chapels, sports arena and assembly area. The width of a seat or a theaters bench or pew shall be considered twenty- two (22) inches. Assembly without fixed seats: Churches, civic One (1) per two hundred (200) square feet clubs, convention centers, dance halls, exhibition of gross floor area. halls, skating rinks and similar uses Assembly without fixed seats: Art galleries, One (1) per five hundred (500) square feet community/senior centers, museums and of gross floor area. municipal buildings Automotive Service/repair and/or sales One (1) per four hundred (400) square feet of gross floor area of sales room and four (4) for each auto service stall. Banks, mortgage and loan companies One (1) per three hundred (300) square feet of gross floor area. Bowling alleys Four (4) per alley. Resolution PZ07-03 (Attachment A) Page 3 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARKING SPACES REQUIRED Care Facilities: Day nurseries, adult care One (1) space per four hundred (400) square facilities and kindergarten feet of gross floor area, and one (1) additional space reserved for pick-up and delivery of people per eight hundred (800) square feet of gross floor area. Care Facilities: Hospitals, nursing/assisted One (1) per every two (2) beds. living facilities and similar institutions Care Facilities: Medical/Dental clinics, health One (1) per two hundred fifty (250) square services feet of gross floor area. Cell phone/communication sites Two (2) spaces. Courthouse Based on typical occupancy, 80% of the sum of the following: One (1) per four (4) fixed seats plus five (5) per courtroom plus one (1) per fifty (50) square feet gross floor area injury assembly rooms plus one (1) per four hundred (400) square feet of gross office space. Drive-thru only: Burger, espresso establishments Two (2) spaces. Fitness Centers One (1) per one hundred (100) square feet of gross floor area plus five (5) for patron parking. One (1) per five hundred (500) square feet of gross floor area plus five (5) for patron Laundry establishments -self service parking. Libraries One (1) per four hundred (400) square feet of gross floor area. Manufacturing /Industrial, research and One (1) per five hundred (500) square feet laboratories of gross floor area plus three (3) for patron parking. Nurseries and greenhouses One (1) per five hundred (500) square feet of gross floor area. Offices: Business and professional One (1) per four hundred (400) square feet of gross floor area. Offices: Veterinarian/animal clinics and kennels One (1) per five hundred (500) square feet of gross floor area. Resolution PZ07-03 (Attachment A) Page 4 of 6 I USES COMMERC ALC I MINIMS ACES REQ I~DRKING Pool/Billiard Halls One (1) per three hundred (300) square feet of gross floor area. Restaurants, cafes, delicatessen, eating and drinking establishments, clubs, nightclubs and lodges, etc. Services: Household and trades such as carpentry, electrical servicing, plumbing and heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar services One (1) per each two hundred (200) square feet of gross floor area or one (1) per four (4) seats, whichever is greater. One (1) per four hundred (400) square feet of gross floor area. Services: Printing, publishing, welding, One (1) per five hundred (500) square feet blacksmith shops, bakeries, dry cleaning, dyeing of gross floor area plus five (5) for patron plants and similar services parking. Services: Beauty and barber shops One (1) per two hundred fifty (250) square feet of gross floor area. Services: Fuel dispensing stations/convenience stores Services Misc. Personal: Message therapy, art/photo studio, dress maker/taylor Schools Schools: Trade, business, music, dance studios and other private schools and colleges Stores: Grocery, drug/pharmacy One (1) for each two (2) gas pumps plus one (1) per three hundred (300) square feet of gross floor area. One (1) per five hundred (500) square feet of gross floor area plus one (1) for patron parking. One (1) per classroom plus three (3) for every classroom in those schools where students are permitted to drive to school. Schools with auditoriums shall provide one (1) parking space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area in assembly rooms without fixed seats, whichever is greater. One (1) per five hundred (500) square feet of gross floor area. One (1) per two hundred fifty (250) square feet of gross floor area. Resolution PZ07-03 (Attachment A) Page 5 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARHING SPACES REQUIRED Stores: Retail and wholesale sales of non-bulky One (1) per three hundred (300) square feet items of gross floor area. Stores: Retail and wholesale sales of bulky items One (1) per five hundred (500) square feet (e.g. furniture and major appliances) of gross floor area. Tanning Salon One (1) per four hundred (400) square feet of gross floor area plus three (3) for patron parking. Taxicab companies One (1) per taxi operated by the company plus one (1) extra space. Truck terminals, lumber yards etc. One (1) per five hundred (500) square feet of gross floor area plus five (5) for patron parking. Warehouses: Wholesale/retail, and commercial One (1) per two thousand (2,000) square storage feet of gross floor area, but a total of no less than four (4) spaces Resolution PZ07-03 (Attachment A) Page 6 of 6 ~~ Suggested by: City Council CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SUPPORTING AMENDMENT OF KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and WHEREAS, residential property is currently exempted from the landscaping requirements in the city code; and WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.25 AS SHOWN ON ATTACHMENT A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of January, 2007. CHAIRPERSON: ATTEST: Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial [AND] industrial and multi- famil development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. ~c) For purposes of this chapter multi-family development means a four or more family dwelling. 14.25.015 Landscaping/site plan. For property covered under this chapter, submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting where such removal will result in less than fifteen percent (15%) of the lot area having existing trees, shrubs, or natural vegetation cover. 14.25.020 Application. This chapter shall apply to all commercial [AND] industrial and multi-family development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial [AND] industrial and multi-family development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage, and is: 1~ located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts• or 2) amulti-family development in any zone; or ~ a change of use as required in KMC 14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring alandscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multi-fami~ dwellings) are exempt from this chapter with the following exception: [1] Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage or a change of use as required in KMC 14.20.250 (a). Resolution PZ07-02 Attachment A Page 1 of 4 14.25.030 Landscaping/site plan-Submittal requirements. One copy of the landscaping/site plan (eleven inches (11") by fourteen inches (14") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1 ") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of 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 existing vegetation to be retained; (e) Identification and location ofnon-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. 14.25.040 Landscaping plan-Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. Landscaping adjacent to residential zones shall have landscaping beds that meet all of the following minimum standards: 1. Landscaping beds -Minimum of 10 feet in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover - 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive Resolution PZ07-02 Attachment A Page 2 of 4 driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of--way landscaping softens the impact of land uses along street rights-of- way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of- way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds -Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of--way, exclusive of driveways and other ingress and egress openings; 2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. 14.25.045 Site plan-Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required jWHEN] for "commercial development" including amulti-family development requiring a building permit valued at one hundred thousand dollars ($100,000) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. 2. Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. Resolution PZ07-02 Attachment A Page 3 of 4 14.25.050 Approval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. 14.25.060 Completion-Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within one year after issuance of the Certificate of Occupancy. 14.25.065 Completion-Site plan. All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. 1. The required parking lot paving shall be completed within two years after issuance of the Certificate of Occupancy. 14.25.070 Modifications. Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purposes of this ordinance. 14.25.080 Expiration. If construction of the project has not started within one year of approval of the landscaping/site plan, the approval shall lapse unless extended for good cause. 14.25.090 Penalties. Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition-Landscaping. "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. Resolution PZ07-02 Attachment A Page 4 of 4 rage 1 of 1 Marilyn Kebschull From: Bob Friend [robert_friend@labor.state.ak.usj °'"- "" ° '- Sent: 13 December, 2006 1:10 PM To: Marilyn Kebschull ~~C I ~~ Subject: PZ06-74 CITY OF KENAI PLANNING DEPARTMENT I wish to express some of my concerns regarding the proposed rezoning of the subject plat. I would rather be doing practically anything rather that creating conflict with my neighbors. That said, I must protest the action on grounds stated in the attached letter. Bob Friend 12/13/2006 December 13, 2006 City of Kenai Planning & Zoning Department Regarding PZ06-74 I am a concerned resident of the Bluff View Condo's adjacent to the subject property. Had I been aware of the legal issues underway at the time of purchase, I would have likely decided on another residential property choice. As it was, I purchased the view over a nicer property for the same price. Mr. Craig had more than ample opportunity to divulge the situation to me and the other condo unit owners but chose not to do so. I however, consistent with the law, am obligated to disclose this information when I sell the property. Although distressed by the whole idea, I am prepared to legally fight the proposed rezoning to protect my investment. Just the fact that the lot is a buildable piece of land diminishes my property value and marketability. As a lay person reading the actual court order, it seems obvious that the judge had the protection of the neighborhood residents in mind by stating that the subject plat should be legally joined with the existing condo property. This is not what is being proposed here. Mr. Craig is trying to create a new lot between the water and the "view" condo units. As stated at the November 8, 2006 meeting, this commission is not obligated by the court order. Why would you not honor a legal court order? By ignoring the order, you not only undermine the intent of the court but open the way for future litigation. Over two years after the court order, Mr. Craig has divested himself of all the "view" units and has begun the process of executing the court order. I must question the timing of his actions. Obtaining the property and getting it rezoned adversely effect me and my neighbors through Mr. Craig's actions. If the court order to attach the subject plat to the existing condo property were adopted, no adverse effects would exist. I find Mr. Craig's comment about doing it this way to save time totally confusing since this situation has existed for more than two years. Normally, all of this would have gone past me without concern but since moving to Kenai just over a year ago, I have been made acutely aware of the "buyer beware" philosophy. A sob story had me selling a television set and never getting paid. I bought an ATV after assurances that the fuel system was completely rebuilt. The throttle stuck causing a crash that broke my leg. A faulty alternator caused over $1000 worth of damage to my electrical system and the shop refused to accept responsibility (I had reported problems prior to the incident). My upstairs neighbor flooded my unit (broken pipe) but was uninsured and refused to pay. The contractor added charges for his work even though I did much of the finish work because he was already weeks past his promised completion date. His assurances of a "perfect match" on my ceiling work turned out to be a huge exaggeration. My floor installers never completed my wood flooring. They got paid, left early and never returned. I could go on but my point is, prior to entering into these transactions all of these people were very nice, personable and appeared to be totally honest. In a recent email, the Craig's expressed disappointment that we do not trust them. The Craig's are very nice people but as I pointed out, I am apparently not a good judge of people. I cannot take a chance for this large of an investment. Bob Friend President, Bluff View Condo Association -~ Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.250, OFF- STREET PARKING AND LOADING REQUIREMENTS, BE AMENDED. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of Kenai; and WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.250 AS SHOWN IN ATTACHMENT "A". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of January. CHAIRPERSON: ATTEST: 14.20.250 Off-street parking and loading requirements. (a) For commercial development, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargement, or change in use of any main building, permanently maintained off- street parking facilities for the use of occupants, employees, or patrons of such building. It shall be the joint and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herein established. (1) Site Plan Submission. A site plan showing all parking and loading areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts, and other information necessary to determine compliance with the provisions of this chapter. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this chapter. No certificate of zoning compliance and building permit shall be issued unless the parking site plan is approved. (2) Joint Parking Areas. Where there is more than one (1) use in a single structure or on a site (e.g., doctor, attorney, and retail grocery) or two (2) or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses: provided however, that where two (2) or more uses provide a single joint parking area, and their total required spaces totals twenty (20) or more, the minimum requirement will be seventy-five percent (75%) of the sum of the requirements for the various computed separately. (3) Location of Parking. Any parking space provided pursuant to this section shall be on the same lot with the main use it serves or on an adjoining lot except that the Commission, by a conditional use permit as specified in this chapter, may allow parking spaces on any lot if it is determined that it is impractical to provide parking on the same or adjoining lot. (4) Design Standards. (A) All parking lots shall be provided with a durable, well-drained, and dust-free surface and shall have appropriate bumper guards where needed; (B) Parking areas and front yards as defined in 14.20.320(b), which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage, or sales displays. Anon-conforming use of parking areas and front yards prohibited by this section shall be made to conform to this section within a period of one (1) year after adoption of this ordinance. Exception: Semi-trailers or containers may be parked in these areas for no more than thirty (30) consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites are exempt; (C) Any lighting of parking lots shall be arranged to reflect away from public rights-of- way and from any adjoining residential areas; (D) Curb cuts shall be located so as to avoid traffic hazards and shall be approved by the administrative official; (5) Interpretation of Space Requirements. (A) If a use is not specifically mentioned in this section, the administrative official shall determine the most similar use which is specifically mentioned. Parking requirements shall be the same as for that use; (6) Exception to this Section-Public Parking Lots. Notwithstanding other provisions of this section, when a use is located within three hundred (300) feet of an existing or Resolution PZ07-03 (Attachment A) Page 1 of 6 planned public lots, the off-street parking requirements of this chapter may be met if under the procedures specified in this chapter, the Commission issues a conditional use permit stating that the following conditions have been met: (A) The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use within one (1) year of the time of issuance of the conditional use permit; (B) The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot; (C) The public parking lot has or will have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of the lot. The Commission shall use the off-street parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. (7) Off-Street Loading: Every building or structure used for business, trade, or industry and normally requiring truck loading or unloading with respect to the use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley, or, if there is no alley, to a street. Off- street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended, or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows: (A) Retail business and service establishments shall provide one off-street loading and unloading space at least ten (10) feet wide and thirty-eight (38) feet long with a fourteen foot height clearance per building; (B) Industrial plants shall provide one off-street loading and unloading space for each twenty thousand (20,000) square feet of gross floor area. Each loading space shall be minimum of twelve (12) feet wide and fifty (50) feet. long with a fourteen (14) foot height clearance; (C) Trucking terminals shall provide one off-street loading and unloading space for every five thousand (5,000) square feet of total floor area used for storage, warehousing, and shipping. Each loading space shall be a minimum of fourteen (14) feet wide and sixty- five (65) feet long with fourteen (14) foot clearance. (8) Off-Street Parking Require-ments: Resolution PZ07-03 (Attachment A) Page 2 of 6 DWELLING AND LODGING MINIMUM NUMBER OF PARKING SPACES REQUIRED Lodges, rooming/boarding houses, dormitories, One (1) per principal dwelling unit and one bed & breakfast, and other structures containing (1) per guest room or one for every two (2) sleeping rooms other than, or in addition to beds whichever is greater. dwelling units Mobile Home Parks Two (2) per mobile home. Motels, Hotels and Cabin Rentals One (1) per unit plus two spaces. Multiple-family dwellings, retirement homes and One (1) per efficiency unit; and two (2) per other places containing multiple dwelling units other units. Single-family dwellings, two-family dwellings Two (2) per dwelling units. and child care homes INSTITUTIONS, PUBLIC MINIMUM NUMBER OF PARKING USES/COMMERCIAL SPACES REQUIRED Aircraft Hangers One (1) per one thousand (1,000) square feet of gross floor area. Assembly with fixed seats: Auditoriums, One (1) per four (4) seats in the principal churches, funeral chapels, sports arena and assembly area. The width of a seat or a theaters bench or pew shall be considered twenty- two (22) inches. Assembly without fixed seats: Churches, civic One (1) per two hundred (200) square feet clubs, convention centers, dance halls, exhibition of gross floor area. halls, skating rinks and similar uses Assembly without fixed seats: Art galleries, One (1) per five hundred (500) square feet community/senior centers, museums and of gross floor area. municipal buildings Automotive Service/repair and/or sales One (1) per four hundred (400) square feet of gross floor area of sales room and four (4) for each auto service stall. Banks, mortgage and loan companies One (1) per three hundred (300) square feet of gross floor area. Bowling alleys Four (4) per alley. Resolution PZ07-03 (Attachment A) Page 3 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARKING SPACES REQUIRED Care Facilities: Day nurseries, adult care One (1) space per four hundred (400) square facilities and kindergarten feet of gross floor area, and one (1) additional space reserved for pick-up and delivery of people per eight hundred (800) square feet of gross floor area. Care Facilities: Hospitals, nursing/assisted One (1) per every two (2) beds. living facilities and similar institutions Care Facilities: Medical/Dental clinics, health One (1) per two hundred fifty (250) square services feet of gross floor area. Cell phone/communication sites Two (2) spaces. Courthouse Based on typical occupancy, 80% of the sum of the following: One (1) per four (4) fixed seats plus five (5) per courtroom plus one (1) per fifty (50) square feet gross floor area injury assembly rooms plus one (1) per four hundred (400) square feet of gross office space. Drive-thru only: Burger, espresso establishments Two (2) spaces. Fitness Centers One (1) per one hundred (100) square feet of gross floor area plus five (5) for patron parking. One (1) per five hundred (500) square feet of gross floor area plus five (5) for patron Laundry establishments -self service parking. Libraries One (1) per four hundred (400) square feet of gross floor area. Manufacturing /Industrial, research and One (1) per five hundred (500) square feet laboratories of gross floor area plus three (3) for patron parking. Nurseries and greenhouses One (1) per five hundred (500) square feet of gross floor area. Offices: Business and professional One (1) per four hundred (400) square feet of gross floor area. Offices: Veterinarian/animal clinics and kennels One (1) per five hundred (500) square feet of gross floor area. Resolution PZ07-03 (Attachment A) Page 4 of 6 I USES COMMERC ALC I MINIMS ACES REQ I~DRKING Pool/Billiard Halls One (1) per three hundred (300) square feet of gross floor area. Restaurants, cafes, delicatessen, eating and drinking establishments, clubs, nightclubs and lodges, etc. Services: Household and trades such as carpentry, electrical servicing, plumbing and heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar services One (1) per each two hundred (200) square feet of gross floor area or one (1) per four (4) seats, whichever is greater. One (1) per four hundred (400) square feet of gross floor area. Services: Printing, publishing, welding, One (1) per five hundred (500) square feet blacksmith shops, bakeries, dry cleaning, dyeing of gross floor area plus five (5) for patron plants and similar services parking. Services: Beauty and barber shops One (1) per two hundred fifty (250) square feet of gross floor area. Services: Fuel dispensing stations/convenience stores Services Misc. Personal: Message therapy, art/photo studio, dress maker/taylor Schools Schools: Trade, business, music, dance studios and other private schools and colleges Stores: Grocery, drug/pharmacy One (1) for each two (2) gas pumps plus one (1) per three hundred (300) square feet of gross floor area. One (1) per five hundred (500) square feet of gross floor area plus one (1) for patron parking. One (1) per classroom plus three (3) for every classroom in those schools where students are permitted to drive to school. Schools with auditoriums shall provide one (1) parking space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area in assembly rooms without fixed seats, whichever is greater. One (1) per five hundred (500) square feet of gross floor area. One (1) per two hundred fifty (250) square feet of gross floor area. Resolution PZ07-03 (Attachment A) Page 5 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARHING SPACES REQUIRED Stores: Retail and wholesale sales of non-bulky One (1) per three hundred (300) square feet items of gross floor area. Stores: Retail and wholesale sales of bulky items One (1) per five hundred (500) square feet (e.g. furniture and major appliances) of gross floor area. Tanning Salon One (1) per four hundred (400) square feet of gross floor area plus three (3) for patron parking. Taxicab companies One (1) per taxi operated by the company plus one (1) extra space. Truck terminals, lumber yards etc. One (1) per five hundred (500) square feet of gross floor area plus five (5) for patron parking. Warehouses: Wholesale/retail, and commercial One (1) per two thousand (2,000) square storage feet of gross floor area, but a total of no less than four (4) spaces Resolution PZ07-03 (Attachment A) Page 6 of 6 ~~ Suggested by: City Council CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SUPPORTING AMENDMENT OF KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and WHEREAS, residential property is currently exempted from the landscaping requirements in the city code; and WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.25 AS SHOWN ON ATTACHMENT A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of January, 2007. CHAIRPERSON: ATTEST: Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial [AND] industrial and multi- famil development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. ~c) For purposes of this chapter multi-family development means a four or more family dwelling. 14.25.015 Landscaping/site plan. For property covered under this chapter, submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting where such removal will result in less than fifteen percent (15%) of the lot area having existing trees, shrubs, or natural vegetation cover. 14.25.020 Application. This chapter shall apply to all commercial [AND] industrial and multi-family development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial [AND] industrial and multi-family development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage, and is: 1~ located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts• or 2) amulti-family development in any zone; or ~ a change of use as required in KMC 14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring alandscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multi-fami~ dwellings) are exempt from this chapter with the following exception: [1] Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage or a change of use as required in KMC 14.20.250 (a). Resolution PZ07-02 Attachment A Page 1 of 4 14.25.030 Landscaping/site plan-Submittal requirements. One copy of the landscaping/site plan (eleven inches (11") by fourteen inches (14") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1 ") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of 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 existing vegetation to be retained; (e) Identification and location ofnon-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. 14.25.040 Landscaping plan-Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. Landscaping adjacent to residential zones shall have landscaping beds that meet all of the following minimum standards: 1. Landscaping beds -Minimum of 10 feet in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover - 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive Resolution PZ07-02 Attachment A Page 2 of 4 driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of--way landscaping softens the impact of land uses along street rights-of- way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of- way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds -Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of--way, exclusive of driveways and other ingress and egress openings; 2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. 14.25.045 Site plan-Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required jWHEN] for "commercial development" including amulti-family development requiring a building permit valued at one hundred thousand dollars ($100,000) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. 2. Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. Resolution PZ07-02 Attachment A Page 3 of 4 14.25.050 Approval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. 14.25.060 Completion-Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within one year after issuance of the Certificate of Occupancy. 14.25.065 Completion-Site plan. All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. 1. The required parking lot paving shall be completed within two years after issuance of the Certificate of Occupancy. 14.25.070 Modifications. Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purposes of this ordinance. 14.25.080 Expiration. If construction of the project has not started within one year of approval of the landscaping/site plan, the approval shall lapse unless extended for good cause. 14.25.090 Penalties. Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition-Landscaping. "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. Resolution PZ07-02 Attachment A Page 4 of 4 AGENDA KENAI CITY COUNCIL -REGULAR MEETING NOVEMBER 21, 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS ':; 1. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and ~~~-~~ ~ ~~+~ , Appropriations by $150, 000 in the General Fund for Payment to the ,~~~ Public Employee Retirement System. ~~`~ .,.~. -~~ (Clerk's Note: Ordinance No. 2191-2006 was postponed from the October 4, 2006 council meeting. The motion to adopt the ordinance is active.) 2. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. s~,~. •p~ a. Substitute Ordinance No. 2196-2006 -- Amending KMC f ~~ ,~,4- ~ 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. (Clerk's Note: Ordinance No. 2196-2006 was postponed from the November 1, 2006 council meeting. The motion to adopt the ordinance is active.) o ~_ae-..._. wt.. n, n~ nnnc n~..e,...a:~-. ,Y TITiT!"~ ~ nn non a un~r-~ aJ. V1 LL11ldil{rG 1\V• lr 1.7/-fiVVV --I1111G11111L1s 111V11i J.lr V.VlrV a11U 111Y11. 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. ,(.~° ~ ~. ~ ~~~" Fb~ I i7'~~ a. Substitute Ordinance No. 219?-2006 -- Amendin KMC g 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective ~ ~t\p~ for Three Years and Setting the License Fees. r ~~h~- 4. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. 5. Ordinance No. 2200-2006 -- Repeating the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General ~' Fund Lands." ~,~'~ ~,C" ~"`~p~ a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing ~x, ~U,b°;._ ~~IaI~,~ Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." 10~, ~-~ 6. Resolution No. 2006-61 -- Setting the Public Hearing Date on the Proposed McCollum-Atiak-Japonski Paving District. 7. Resolution No. 2006-62 -- Authorizin the Amendment of the Ci of ~, g ~ p~ Kenai, Alaska and Public Employees' Retirement System (PERS) ~~ Participation Agreement to Exclude All Elected Officials, Effective November 21, 2006. ~. 8. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest h,~-~ for Kenai Police Department Lockers - 2006 for the Total Amount of ~~~' $35,204. 9. Resolution No. 2006-64 -- Supporting Efforts to Lower the Total ~~ ~ Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River, and ~~' qb Opposing the Categorization of the Lower Kenai River as an Impaired ~~ Waterbody. (~., 10. Resolution No. 2006-65 -- A Resolution of the Council of the City of u~'Q 1, Kenai, Alaska, Transferring $15, 533 in the Airport Terminal Modification Capital Project Fund for Additional Engineering Services. ITEM F: MINUTES *Regular Meeting of November 1, 2006. ITEM G: UNFIIITISHED BUSINESS ITEM H: NEW BUSINESS ~%~~'"i 1. Bills to be Ratified ~ 2. .Approval of Purchase Orders Exceeding $15,000 -- None 3. *Ordinance Number 2201-2006 -- An Ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations by $638 in the General Fund for a grant from the Rasmuson Foundation Arts and Culture Programs. 4. Approval -- Assignment of Lease -- Lots 7 & 8, Block 1, FBO Subdivision. ~~,'~' a. Assignment of Lease and Consent to Assignment/Blue Mountain ~~~~ Ventures, Inc. to Loroc, LLC. o.~'`L ~ b. Amendment to Lease/Updating Insurance Requirements and Next ~fi-~~`~'~p Lease Renegotiation. ~d, 5. Discussion -- Combining Commission/Committees. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: ADJOURNMENT CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA December 13, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences 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. *November 8, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-80 -Preliminary Plat -Baron Park 2007 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ06-83 -Preliminary Plat -General Aviation Apron Subdivision No. 4. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. c. PZ06-86 -Preliminary Plat -Lot 10A, Cook Inlet Industrial Air Park. Plat submitted by Rodney P. Kinney Associates, Inc., 16515 Centerfield Drive, #101, Eagle River, Alaska. 5. PUBLIC HEARINGS: a. PZ06-82 - An application for a Conditional Use Permit for Business/Consumer Services (Commercial kitchen with off-site catering and on-site meal preparation sessions) for the property known as 509 Overland Avenue (Lot 4, Block 5, Original Townsite of Kenai). Application submitted by Laura Ganshow, The Family Table, LLC, 1611 Aliak Drive, Kenai, Alaska. ;` 6. OLD BUSINESS: a. PZ06-74 - An application for a variance for minimum lot size for the property described as Lot lA, Block 6, Redoubt Terrace Bluff View Addition (portion of SO1 W1/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. (Postponed from November 13, 2006 meeting.) b. Proposed Rezone of Angler Acres area -Discussion. 7. NEW BUSINESS: a. *PZ06-81 - An application for a home occupation for a daycare for the property known I ~~:. Agenda December 13, 2006 Page 2 as 2620 VIP Drive (Lot 10, Block 2, VIP Ranch Estates), Kenai, Alaska. Application submitted by LaRae Selfridge dba Happy Hearts Child Care, 2620 VIP Drive, Kenai, Alaska. b. PZ06-84 (PZO1-11) - Transfer of Conditional Use Permit- Hotel (Short-term Recreational Rentals) from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 1, Block 2, Angler Acres Subdivision No. 1 (1230 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. c. PZ06-85 (PZOS-26) - Transfer of Conditional Use Permit- Hotel, Guide, & Boat Parking from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 6, Angler Acres Subdivision Part 3 (1105 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. d. Ordinance No. 2200-2006 -Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: ............. 11. INFORMATION ITEMS: a. "Zoning Bulletin" (11/10/06 & 11/25/06) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: as CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA November 8, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioner c. Agenda Approval d. Excused Absences *Roy Wells e. 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. *October 25, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: ' a. PZ06-76 -Preliminary Plat -Baron Park Subdivision, No. 3, Lots 1 B-3 & 1 B-4. Plat submitted by Lounsbury & Associates, Inc., 5300 A Street, Anchorage, Alaska. b. PZ06-77 -Preliminary Plat -Wright Subdivision (A replat of Government Lot 21). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. c. PZ06-78 -Preliminary Plat - Illiamna View Subdivision -Massie Replat (A replat of Illiamna View Subdivision - Resubdivision of Lot 8, Block 2). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. d. PZ06-79 -Preliminary Plat -Strawberry Fields Forever Addition #2 (A re-subdivision of Tracts A-1 & A-2 Strawberry Fields Forever Addition #1.). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK 99669. 5. PUBLIC HEARINGS: a. PZ06-74 - An application for a variance for minimum lot size for the property described as Lot lA, Block 6, Redoubt Terrace Bluff View Addition (portion of SO1 W1/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. b. PZ06-75 - An application for a Conditional Use Permit to operate, a Bed & Breakfast for the property described as Lot 2, Block 2, Illiamna View Subdivision, 4520 Kenaitze Court, Kenai, Alaska. Application submitted by Carol L. McKenzie, 4520 Kenaitze Court, Kenai, 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: 11. INFORMATION ITEMS: a. Planning Commission Roster b. Zoning Bulletin (10/10/06 & 10/25/06) c. Reappointment letters (Bryson & Wells) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION NOVEMBER 8, 2006 ?:00 P.M. VICE CHAIR PHILIP BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice Chair Bryson called the meeting to order at approximately 7:03 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: J. Twait, S. Romain, P. Bryson, R. Wells, and R. Fullinck Commissioner absent: J. Jenckes Others present: Council Member R. Ross, City Clerk C. Freas, City Planner M. Kebschull, Department Assistant N. Carver 1-b. Swearing in of New Commissioner -- Moved to after Item 4-d. 1-c. Agenda Approval Requested amendments to the agenda: REMOVE: Agenda/Excused Absences (Wells) ADD TO: Item 5-a, Staff vicinity map; Site Plan submitted by Carol McKenzie; Letters from property owners Hammelman, Heus, Massie, Tressler & Sandahl. ADD TO: Item 9-b, KPB Plat Committee ADD AS: Item 11-d, Appointment letter to Tony Lewis MOTION: Commissioner Twait MOVED to approve the agenda, including the lay down items for 5-a, 5-b, 9-b, and 11-d. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1-d. Excused Absences -- Roy Wells Item removed from the agenda. 1-e. Consent Agenda MOTION: Commissioner F~zllinck MOVED to approve the consent agenda as presented and Commissioner Romain SECONDED the motion. There were no objections. 30 ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 25, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-?6 -Preliminary Plat -Baron Park Subdivision, No. 3, Lots 1B-3 & 1B-4. Plat submitted by Lounsbury & Associates, Inc., 5300 A Street, Anchorage, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting the plat met city zoning requirements, no installation agreement was required, and approval was recommended. There were no public comments. MOTION: Commissioner Romain MOVED to approve PZ06-76 and Commissioner ~.illinck SECONDED the motion. There were Commission comments. VOTE: There were no objections. SO ORDERED. 4-b. PZ06-7? -Preliminary Plat -Wright Subdivision (A replat of Government Lot 21). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. ' Kebschull reviewed the staff report included in the packet, noting the plat would subdivide a 2.5 acre parcel into two parcels; the resulting lots would meet the minimum lot size for the zone; water/ sewer was available; no installation agreement was required; and, staff recommended approval. There were no public comments. MOTION: PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 2 Commissioner Wells MOVED for approval of PZ06-77 and Commissioner Twait SECONDED the motion. There were no Commission comments. VOTE: There were no objections. SO ORDERED. 4-c. PZ06-78 -Preliminary Plat - Illiamna View Subdivision -Massie Replat (A replat of Illiamna View Subdivision - Resubdivision of Lot 8, Block 2). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the plat would combine three lots into two; the minimum lot size was met for the zone; the plat would also vacate a 20-foot utility easement; a petition to vacate the easement had been submitted to the Borough; water/ sewer is available on site; lots are accessed via Strawberry Road or Kenaitze Court; an installation agreement was not required; and the street name needed to be corrected. Kebschull added, staff recommendation was to approve with the correction of the street name from Strawberry Road West to Strawberry Road. There were no public comments. MOTION: Commissioner Romain MOVED to approve PZ06-78 with the noted staff recommendations and Commissioner Fullinck SECONDED the motion. There were no Commission comments. VOTE: There were no objections. SO ORDERED. 4-d. PZ06-?9 -Preliminary Plat -Strawberry Fields Forever Addition #2 (A re- subdivision of Tracts A-1 & A-2 Strawberry. Fields Forever Addition # 1.). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK 99669. Kebschull reviewed the staff report included in the packet, noting the plat would combine two parcels into one; the resulting parcel would meet minimum lot size requirements for the zone; water/ sewer was available on site; the parcel is accessed by Devray Street (not maintained by the City); the lot is also accessible by Wolfe -Street (City maintained); a building permit could be issued only if the Wolfe Street access is PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 3 used; the plat met City zoning requirements; no installation agreement would be required and staff recommended approval. There were no public comments. MOTION: Commissioner Twait MOVED to approve PZ06-79 and Commissioner Fullinck SECONDED the motion. There were no Commission comments. VOTE: There were no objections. SO ORDERED. Item 1-b -- Administering Oath of Office Upon arrival of Tony Lewis, Vice Chair Bryson raised a question of privilege and requested Lewis be administered the oath of office. City Clerk Freas administered the Oath of Office to Tony Lewis and Commissioner Lewis took his seat on the dais. ITEM 5: PUBLIC HEARINGS 5-a. P206-74 - An application for a variance for minimum lot size for the property described as Lot lA, Block 6, Redoubt Terrace Bluff View Addition (portion of SO 1 W 1 / 2 of Sec 6 & NE 1 / 4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. Bryson read the rules of conducting a public hearing. Kebschull reviewed the staff report. included in the packet, noting the applicant was wishing to settle a civil matter. She noted the following: • The variance is being requested to allow a minimum lot size. • The civil matter limits the size of the plat. • The property is zoned Conservation which lot size requirements are 20,000 square feet. • With a variance approved, the plat could go forward to the Borough for approval. • Code requirements needing to be met: • Whether special circumstances are present, etc.: Because the applicant does not have the option to replat an area large enough to meet the minimum lot size and it appears there are special circumstances present. • The special conditions have not been caused by actions of the PLANNING 8v ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 4 applicant, etc.: Because it is a result of a civil suit; the applicant does not have the legal ability to add additional property to the parcel; the request does not 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, etc.: The granting of the variance would not authorize a use that is not a principal permitted use. • The granting of the variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure: Based on the legal agreement between the two parties, this is the minimum variance. • The granting of a variance shall not be based upon other non- conforming land uses, etc.: The variance is not based on the other non- conforming land uses in the district. The City Engineer recommended, after this process is complete, the owner should consider eliminating the lot line which would require a rezone. • There are no building code issues with approval of the variance, however, if at a later date replatting would occur, the existing side yard encroachment would be eliminated. Kebschull added, based on the application, the request is for a variance from KMC 14.24.010, Development Requirements Table, for minimum lot size in order to record a preliminary plat; the plat is the result of a civil suit and settles a claim for adverse possession; the property is zoned Conservation and the minimum lot size in that zone is 20,000 square feet; the parcel (12,266 square feet) is used as a lawn for the applicant's developed property; water and sewer is available to the parcel; the variance should not adversely affect neighboring properties; and, staff recommended approval. Kebschull reviewed additional information received: • Fred Olson -- Objects to the granting of the variance. • Karen Carson -- Two condominiums were sold during the summer and the new owners were notified of the actions. Kebschull explained public notice was sent as required by Code and those notified were listed as the owners on the Borough records (the new owners were not), therefore the code requirements were met related to notification of the public hearing. The floor was opened to public hearing: Susan Anderson -- Explained she purchased a condominium in mid-September from the Craigs; she was not notified of the plat proceedings until this date; felt more time should be provided for the neighbors/condominium owners to review and comment; she is concerned why the property was purchased and whether it will open the door for building on the property; and she is concerned about bluff stability. Anderson also noted, a condominium owner meeting was held in Septernber and the issue was not brought forward for discussion at that time. Bryson noted he understood by the documentation, the property will be attached to the larger parcel. PLANNING 8v ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 5 Barbara Smith -- Explained she is also a condominium owner; when she purchased her condo in 2004, she was drawn to the property for the view, landscaping, privacy, and marketability; and, stated her concern the property may be developed and the value of her purchase would be diminished. Smith also noted she saw a sign posted advising of the request for variance, however it was placed in grass/bushes where it could not be easily seen. Karen Carson -- Noted some people were not notified of the hearing; identified the Borough updates records every six months and was last updated May 30. Carson stated the staff was doing it's job. Charles Bailey -- Explained he lives next door to Craig; has had problems in the past in which Craig would say one thing and it ended up to be something else; and, suggested the Commission be specific in what it grants to Craig. Bob Friend -- Explained he is a resident of the condominium units; concerned the property was being set up to be ready for development; concerned about building on the bluff; and, stated concern he would lose his view. There being no further comments, the public hearing was closed. Commission comments included: • Concern with comments of lack of notice. Kebschull explained the code requirements for notice, adding the property owners of record were mailed written notices. When she learned property owners had changed, she further reviewed tax records to acquire addresses and sent notices. MOTION: Commissioner Twait MOVED to approve PZ06-74 and Commissioner Romain SECONDED the motion. MOTION TO POSTPONE: Commissioner ~xllinck MOVED to postpone consideration of PZ06-74 until December 13, 2006. Commissioner Twait SECONDED the motion. Discussion followed during which comments included: • Ftiillinck stated his concern some property owners were not timely notified and thought additional time should be given for them to research the issue. • Referring to the legal documents, Bryson stated he believed the property was to be considered a single part of the property owned by the Craigs; believed it means the property is to be attached to the adjacent parcel; if the court order were carried through as he understands it, there would have been a plat before the Commission containing this parcel and the adjacent parcel, eliminating the lot line between them; in that way, the statement would have been validated contained in the court order; and, if they would be attached, it would anon-issue as it would be PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 6 considered one parcel and the zoning requirements for area coverage, side setbacks, etc. would be addressed. • Kebschull explained the applicant had the opportunity to do what Bryson suggested or request a variance. Bryson's suggestion would have required a rezone of the area which would have taken more time; the court document, the City Attorney reviewed it, and felt it had no bearing on the city; and the City is only considering the plat and application before the Commission. • Bryson noted the tract proposed had no right-of--way dedicated for access. Kebschull indicated that was true, but staff comments recommended an access easement or right-of--way be required. It was her understanding the Borough staff would be recommending a 30-foot right of way be dedicated. VOTE ON MOTION TO POSTPONE: Twait Yes Jenckes Absent Romain Yes B son No Lewis Yes Wells Yes Fullinck Yes MOTION TO POSTPONE PASSED. 5-b. PZ06-75 - An application for a Conditional Use Permit to operate, a Bed & Breakfast for the property described as Lot 2, Block 2, Illiamna View Subdivision, 4520 Kenaitze Court, Kenai, Alaska. Application submitted by Carol L. McKenzie, 4520 Kenaitze Court, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the intent and criteria for issuing a conditional use permit and the requirements for establishing a bed & breakfast. Also noted were: • Comments/letters of adjacent property owners were distributed to the Commission and added to the packet. • Concerns of neighbors include traffic in the residential neighborhood and off-street parking. • Suggestion to consider approving a temporary permit to see if the business would affect the neighborhood. Kebschull indicated staff recommendation as: • The application indicates the proposed bed and breakfast meets the requirements for a conditional use permit. • The permit could not be issued until the City has received a copy of the business license for the proposed bed and breakfast. • The City has received verification from the Kenai Peninsula borough the business is registered to collect sales tax and is current with reporting. • A final inspection has been conducted for Building Permit B-4253 and any discrepancies must be corrected. • The residence has been inspected by the Fire Marshall and meets all fire code requirements for said use (a yearly certification is required). PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 7 Public comment included: Cliff Heus, 4540 Keaaitze Court, Kenai -- Mr. Heus explained he lives next to the proposed site of the bed and breakfast; he wants to be assured the business is being run properly and if it is not, what would be the procedure to use and how quickly could the problem be resolved; and, he believed the worst problem would be too many boats parked on the street. Kebschull explained the process of processing a complaint and revocation hearing requirements. John Hammelman, 4570 Keaaitze Court, Kenai -- Mr. Hammelman explained he submitted a letter along with others from the neighborhood; would like the permit re- evaluated in one year instead of going through acomplaint-driven process; and, if there are problems with off-street parking, they would become apparent in a year. Carol McKenzie, 4520 Keaaitze Court, Kenai -- Ms. McKenzie noted the following: • She is the applicant and understands concerns of the neighbors. • She did not believe the business would affect neighborhood traffic more than it is currently. • Dust could be a problem as it is a gravel street. • The Tresslers and Heus' would be the only homes affect by traffic. • Her business would be open only May to September. • Her daughter lives nearby and clients with boats could probably park them on her long driveway. • She is on the list for fire inspection. • Assured the Commission any corrections (fire/building) would be in accordance with the City Code. • She would have guidelines of conduct for her clients. • She and her neighbors are compatible and believed the business would be a minimum impact on the them. • The clients would be parking on her property and not on the street. • She had no objection to granting of a temporary permit from May through September. Mike Wiley -- Reported he has lived in the McKenzie home and thanked the city for the quick fire protection response; believed the proposed bed and breakfast would have a positive economic impact to the city; and, there is enough area to accommodate off-street parking of guests' vehicles. Steve Tressler, 4530 Keaaitze Court, Kenai -- Mr. Tressler noted the following: • He would like the permit reviewed in October. • He is concerned with additional pets being at the McKenzie and explained, the covenants allow only two per home and that allowance is already fulfilled. PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 8 Kebschull explained the Commission could place a requirement that no pets would be allowed and that the Code refers to the number of pets allowed. There being no further public comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ06-75 with the noted staff requirements 1-a through 1-d (included in the staff report) with the time limit to expire at September, 2007. Commissioner Lewis SECONDED the motion. Commission comments included: • Concern placing a limit on the length of the permit would be setting a precedence. Kebschull reported time limits have been set on permits in the past, however not on a permit for a bed and breakfast establishment. Commissioner Romain noted the intent of his motion was to review the permit in September, 2007, not to have it expire. The Commission had no objections to adjusting the motion to reflect a review. RESTATEMENT OF MOTION: Commissioner Romain MOVED to approve PZ06-75 with the noted staff requirements 1-a through 1-d (included in the staff report) with the time limit to be reviewed in September, 2007. Commissioner Lewis SECONDED the motion. Kebschull stated concern about the McKenzie suggestion boats could be parked at her daughter's as it could also require a conditional use permit to allow a commercial use of her property and she would want to research the issue prior to any statement it would be allowable or permitted. Bryson noted, the motion included no statement related to parking at the daughter's property. VOTE: There were no objections. SO ORDERED. Kebschull reviewed the rules of appeal, noting appeals would have to be filed with the City Clerk within 15 days of the action taken. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS PLANNING 8v ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 9 9-a. City Council -- Council Member Ross reviewed the action agenda of the November 1, 2006 council meeting which was included in the packet. 9-b. Borough Planning -- No report. 9-c. Administration -- Kebschull reported the following: • Action on the mobile home park code amendments had been postponed to the November 21, 2006 council meeting in order for administration to meet with mobile home park owners to review the ordinance. A substitute ordinance may be prepared in response to the meeting. • The Lowe's plat is being fast-tracked to get the project moving. Lowe's is hoping to break ground in May. • Administration met with court house expansion project representatives. The project is hoped to break ground in the Spring and the building completed next summer. • She received a preliminary site plan for development of a box store and Aspen Hotel beside the Three Bears property. • Suggested a work session on the mixed use zone (identifying an area of the city that could be rezoned) be scheduled for the first meeting in January. Commissioners had no objections. ITEM 10: PERSONS PRESENT NOT SCHEDULED John Hammelman -- Mr. Hammelman commented on his participation in the meeting .from the audience side instead of as a member of the Commission. He complimented the Commission on their interaction with the public; hearing results; and, the City's great staff and council. ITEM 11: INFORMATION ITEMS 11-a. Planning Commission Roster 11-b. Zoning Bulletin (10/ 10/06 & 10/25/06) 11-c. Reappointment letters (Bryson & Wells) ITEM 12: COMMISSION COMMENTS 8s QUESTIONS Commission members welcomed Lewis as a member of the Commission. ITEM 13: ADJOURNMENT MOTION: Commissioner F~.illinck MOVED to adjourn and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 10 There being no further business before the Commission, the meeting adjourned at approximately 8:20 p.m. Minutes prepared and submitted by: Carol L. Freas, City Clerk PLANNING 8v ZONING COMMISSION MEETING NOVEMBER 8, 2006 PAGE 11 y~ STAFF REPORT To: Planning & Zoning Commission Date: November 3, 2006 GENERAL INFORMATION Applicant: Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 99611 Res: PZ06-80 283-9047 Requested Action: Preliminary Subdivision Plat -Baron Park 2007 Replat Legal Description: A replat of Tracts A & B, Baron Park Subdivision No. 12 Street Address: 705 & 505 Marathon Road KPB Parcel No.: 04501027 & 04501028 Existing Zoning: IL -Light Industrial Current Land Use: Vacant Land Use Plan: Airport Industrial ANALYSIS Plat moves an interior lot line to make one lot larger and one lot smaller. Tract Al is 13.123 acres and Tract B 1 is 3.699 acres. The parcels are located in the Light Industrial zone. There are no minimum standards for lots in this zone. The plat also vacates a 10- foot utility easement. Surveyor has submitted a petition to vacate the easement to the Borough. Water and sewer are available to serve these lots. Property is accessed off Marathon Road. City En ' eer: This is a City initiated plat. The previously platted Tract B provided access to City- owned property to the east. If needed in the future, access can be provided through the new Tract A1. Building Official: No Building Code issues. RECOMMENDATIONS Plat, as submitted, meets the City's zoning requirements. No installation agreement is required. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ06-80 2. Preliminary Plat ..~„~~'-~. CITY OF KENAI _,LL;,:-- ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-80 tGecltyof SUBDIVISION PLAT KEN ~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Baron Park 2007 Replat was referred to the City of Kenai Planning and Zoning Commission on November 3.2006 and received from Integrit,~rve}_s. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Light Industrial and therefore subject to said zone conditions. 2. Water and sewer: Available. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES BARON PARK 2007 REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 13, 2006. 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I C i o ~ (((...~~~ f t ~ y a a // ~~ u~`J a ; ~~ ; g I g ~~ >; w oa ~ .E " a~ Z 0 ~ v s °O I o „ o~ c Q a _ . ~ ° o r E " E M-If,Z~.fE ~ m E ,00'ppl o c J ~ ~ g ""'l~(L~ ~'~pft uo,~~os V ~~Q)nnca,,,. _ 0 v H h a GJ°'~~ t~fl o _ o~~~ ~ _ .a ;o M .o Y y, W .~ O O u 1 J Y Z Z z a chi p O p m N QJ ~ ~ 2 O W ~ a Ci z , Q = Q m = ---I yO/ W ^ W ~.L ~ ~ O W m t F=- < J 3 ~ Z U .- ~ z a ~ °_ N ~ < ~ ~ Y 7 L 0 u QI ~ O Z ~ ""i >=10 J~~ Q: W a ~ F ~~ ~: _ a~=s v F {~ JF'a'V1 <G < ~°~~ W < i a~~ L ~ `; W < ~m« y 4y ~ d 33~ e o ~~~C Z ~=W< ~= e ~ O N c ~ o~ =s~ s a ~~_ Q y / W ~yl < ~~ ~y'h,~~~1111 '"~4`A U °~~~ 111111 ~ `~`•• 3 ~"I < W J m L C W K ~$~a $ Q ~W ~~ N lr V =>N 2 m V VI ~ ' Z0 00 V < C / y G ~~ LL > ` O m0 ~ <p I'- C ~ C 4b STAFF REPORT To: Planning & Zoning Commission Date: November 16, 2006 Res: PZ06-83 GENERAL INFORMATION Applicant: McLane Consulting Inc. P.O. Box 468 Soldotna, Alaska 99669 283-4218 Requested Action: Preliminary Subdivision Plat - General Aviation Apron Subdivision No. 4 Legal Description: A resubdivision of Lot 1, Block, and Lot 1, Block 3 General Aviation Apron No 1 & 50' R/W Vacation Street Address: 330 Main Street Loop Road and 100 FBO Road KPB Parcel No.: 04324001 and 04324007 Existing Zoning: IL -Light Industrial Current Land Use: Commercial and Vacant Land Use Plan: Airport Industrial ANALYSIS This plat reconfigures two parcels on the Kenai Airport, vacates a 50-foot right-of--way, and dedicates a 50-foot right-of--way. The right-of--way being vacated is in fact being relocated to provide access to lease lots and allow the City to better use available land to develop a parking lot. The City will build the newright-of--way. According to the City's records, there are water and sewer are mains located in the proposed vacated right-of--way. The plat should dedicate the right-of--way area as a utility easement. Parcels are zoned light industrial. The resulting parcels meet the minimum lot size. Parcels will have access from Main Street Loop or the newly dedicated FBO Road. Water and sewer are available to serve the lots. Cit~En ig Weer: The new Lot lA, Block 3, is proposed to be used as a parking lot. City and other utilities are located within the vacated right-of--way. The future uses of this lot should be consistent with utility placement. Building Official: No building code issues. 0683 Comment.doc Page 2 RECOMMENDATIONS The plat as submitted meets City requirements. Recommend approval with the following requirement: 1. Vacated right-of--way must be dedicated as a utility easement. Report prepared by: Marilyn Kebschull Planning Administration ATTACHMENTS: 1. Resolution No. PZ06-83 2. Preliminary Plat .~,,~' ~~~. CITY OF KENAI __ , ~ -~ ~ PLANNING AND ZONING COMMISSION ~" RESOLUTION NO. PZ06-83 ttieci[vn~' SUBDIVISION PLAT 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 General Aviation Aoron Subdivision No. 4 was referred to the City of Kenai Planning and Zoning Commission on December 13.2006, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned lL -Light Industrial and therefore subject to said zone conditions. 2. 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 pity 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. Vacated right-of--way must be dedicated as a utility easement. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES GENERAL AVIATION APRON SUBDIVISION N0.4 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 13.2006. CHAIRPERSON: ATTEST: o N ~~ ~~r ~ ~ ~ ii ~~/ q ,,~ $ ~2 uu n ~ ~ e y ~ ~ ' ~,~ ~= o d `O C q ~ ~ "• ~ !! ~i~c :~~, py -` ~~ i ~ 3 J~ ~~ ~ ~ 2 • • ~ i o \ \ ~~'1~1\~~~~~ I ~ O S ~ lbyyl yy8 Q~~= ~FC y i x I ~ ~ ~s ~ ~ o-s ~~ g ~3jNi ~~ 'll Qms.~ ~ pi -~ i / ~ ~ W ~~ g$~ Ya / ~ / ~ 3 / / ~ t~ uFii N3 ~ \ ~ \ ~ ~ ~ ~ \ ~ ~~ / a' o~ ~ e / ~ ~ • ~ it r ~ /"~b~ \ I m I t~ ~~ ~~ ~O ~ ! 4 i O rl o~ \ \ ~ f \ ~ n \ ~' Y tea, ~S ,~~~ 'rOtib~ ~ 1~ d%y/b'~ ~~ = 4,b F- Z Q~~ ~ ~ w V ''"^^ 0o YI ism N ~, Oa. 0 ~r\ ems,. rf o~ ~ a ~ ~ 8 a s g a~ € ~ ~ ~5 E~S b <' O I 8 ~ ~ ~ ~ `' I - s ~ - 3 ~ . ~ f W ,~ _ ~ I e gs g W I - h ~ l ~. € o~ & ^~5 j D ~ ~ yV ~ I 'ob o ~ E $6t« S'a S ~~~~ Z~ I =; ~ ~'s°~ $ ~r" 4 ( gE ~ s ~ i~°s \ :~ sa ~~~~ • ~ I ~ ~ gg ~ Eb ~ 4 .4 \ I €~ ~a~as f~~'S~ m~ Q 0- I ~ ~ ~ I ~ O ~ E J I ~ t • '' I 6 ° ~ o i t. i rt~n~~ ~ ~ ~~~ STAFF REPORT To: Planning & Zoning Commission Date: November 29, 2006 Res: PZ06-86 GENERAL INFORMATION Applicant: Rodney P. Kinney Associates, Inc. 694-2332 16515 Centerfield Drive, #101 Eagle River, AK 99577 Requested Action: Preliminary Subdivision Plat -Lot 10 A, Cook Inlet Industrial Air Park Legal Description: Lot 10A, Cook Inlet Industrial Air Park - Resubdivision of Lots 10, 11, and 12, Cooke Inlet Industrial Air Park Street Address: 115, 125 & 135 Trading Bay Road KPB Parcel No.: 04323010, 04323011, & 04323012 Existing Zoning: General Commercial Current Land Use: Government Building -Courthouse Land Use Plan: Central Commercial ANALYSIS Plat removes interior lot lines to create one large lot from three. The parcels are zoned General Commercial. The resulting lot meets development requirements for the General Commercial zone. The courthouse was built across the interior lot line between lots 11 and 12. Removing the interior lot lines eliminates anon-conforming structure. The plat is being processed to allow for a planned addition to the structure. Without removing the lot line, a building permit could not be issued for the addition. Water and sewer serve the parcels. An installation agreement is not needed. CitYEn ig_neer: Future building addition plans will be reviewed for site requirements. Building Official: This replat clears up building code issues. RECOMMENDATIONS Recommend approval with the following requirement: 1. Remove Beaver Loop Road. Correct street name is Main Street Loop. ATTACHMENTS: 1. Resolution No. PZ06-86 2. Preliminary Plat ~~. ~ CITY OF KENAI ___ _- ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-86 ttiedryof SUBDIVISION PLAT KEN ~ 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 Lot 10a. Cook Inlet Industrial Air Park was referred to the City of Kenai Planning and Zoning Commission on November 28, 2006, and received from Rodney P. Kinney Associates, Inc. WHEREAS, the City of Kenai Planning and Zoning Commission fmds: 1. Plat area is zoned General Commercial and therefore subject to said zone conditions. 2. 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 NOT correct. 9. CONTINGENCIES: a. Remove Beaver Loop Road. Correct street name is Main Street Loop. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES LOT 10A, COOK INLET INDUSTRIAL AIR PARK SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 13, 2006. CHAIRPERSON: ATTEST: --- ~~~ --- ~ ~offi ~ € WAN $as ~~€~~~; a "' a s` I ~ ~ F~a~c~ ~ ~ ~FiI b1 N I ~ ~~Y i ~' g 'saY~ Q NL~ a~ F~i I ~° a ~ ~ e~~_o~ ~ ~ li~ db 9 s o : I ~~,~« r~ j~' i ~~ ~ ob c f Y G~bl~ p O b~ 2~~' ~~ i 8 i - m ~~_ la'° ~ r~o~ i ~ & gao:~s' ~o` ~ O ~- H ~~ J p, -~ ~ m . '~l a~ ~• o~ Q ~b z ~~ Y~ ~ Y ~ ~a ~ _ / ~ J \ ~ j M =_ \\ ` / / ~ N - ~ m \~ ~ ~ ,. ~`lV ~~ / (fie / ~ \ ~ /' / ~ \ •• ~ ~\• /~ ~ ~ \ v ~{~, ~ i ., \~~ - ~~ COP . `.1/ ~ .or /\ vv ~~.~~ v i ~ ~,n ~` \~\,~ \`C O~~ ~ ~ ~ z ~ ~ ~ ~ ' . )y ~ j ~ \ ~~ ~~. ~ e Q W W ~ WQ gz W N p~ ~ _ `_ Z V~ ~ ~ St ~g ~ :~~ ~~ _ v ~ ._ -. 777 i i m~ '6 f 5G. STAFF REPORT To: Planning & Zoning Commission Date: November 15, 2006 Res: PZ06-82 GENERAL INFORMATION Applicant: Laura Ganshow 398-9548 The Family Table, LLC 1611 Aliak Drive Kenai, AK 99611 Requested Action: Conditional Use Permit -Commercial Kitchen with Off- site Catering and On-site Meal Preparation Sessions Legal Description: Lot 4, Block 5, Original Townsite of Kenai Street Address: 509 Overland Avenue KPB Parcel No.: 04707107 Existing Zoning: TSH - Townsite Historic Current Land Use: Residential/Office Space Land Use Plan: Mixed Use 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 0682 Comment.doc Page 2 development, building design, operation of the use and other similar aspects related to the proposed use. Laura Ganshow, the applicant, is applying for a Conditional Use Permit to operate her catering business for off-site catering and to provide meal preparation services from 509 Overland Avenue. The applicant leased the building located at 509 Overland Avenue to relocate her catering business. After leasing the building, a building permit was submitted to remodel the interior of the building to accommodate the commercial kitchen. When the building permit was reviewed, it was noted that a Conditional Use Permit would be required to operate the kitchen from the building, which is located in the Townsite Historic (TSH) zone. Catering is not listed in the Land Use Table so the uses listed were reviewed to determine the use listed that functioned similarly to catering. Administration believed that the use listed was Business/Consumer Services, which requires a Conditional Use Permit in the TSH zone. To approve the permit, the Commission must review and determine the application meets the following requirements: - The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The proposed business will be operated from a building that was constructed as a mixed-use building -residential on the second floor and an office on the bottom floor. The proposed business will use the second story for storage of supplies and the bottom floor for the commercial kitchen. The zone houses a mixture of residential and commercial uses and the proposed catering business should meet the intent of the zone. - The value of the adjoining property and neighborhood will not be significantly impaired. Allowing the proposed catering business should not impair the value of the adjoining property and neighborhood. The building that will house the business will not be altered on the exterior and the only change may be signage. - The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this area as Mixed Use. "The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional recreational and multi family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. Mixed uses are particularly desirable in the Townsite Historic District and City Center overlay zone. " It appears the proposed catering business is in harmony with the Comprehensive Plan. 0682 Comment.doc Page 3 - Public services and facilities are adequate to serve the proposed use. The building is served with public water and sewer, located on a paved street, and served by all City services including police and fire protection. - The proposed use will not be harmful to the public safety, health or welfare. The proposed catering business will not be harmful to 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. This business will be located in a building on a very small parcel. During the initial review of the application, there was a concern as to whether or not there was sufficient off-street parking for the business. Additional parking is available for the business on the adjoining lot. Ricky Bailey who owns this lot provided written permission for the business to use his lot for additional parking. Also, across the street from this building is public parking along Overland Avenue. City En ig•neer: Considering the agreement to use adjacent properties for parking overflow and snow storage, if needed, the site appears adequate. Traffic has historically been an issue in this area. Building Official: When the Conditional Use Permit is approved, a building permit will be issued for alterations of the building to allow the commercial-type kitchen. RECOMMENDATIONS This parcel is located in the Townsite Historic zone, which provides for a mix of residential and commercial uses. The zone is intended to control development to protect and enhance the historic character of the zone. The business will be located from an existing building. The business will require a building permit to remodel the interior of the bottom floor for the commercial kitchen. The development does not meet the criteria in KMC 14.20.105(h) to require a review by the Commission and may be issued administratively by the Building Official. Lots in this area are of varying sizes and parking has been an issue. To insure there is sufficient parking, the applicant has secured permission of the adjoining property owner for any overflow parking and snow storage for this business. It appears that the application to operate a catering business for off-site catering and a meal preparation business from this site meet the code requirements of KMC 14.20.150. Recommend approval with the following requirements: All off-street parking must be located at 509 and 513 Overland Avenue or 0682 Comment.doc Page 4 at the public parking along Overland Avenue. Commercial deliveries to the business must not block Overland Avenue. 2. A copy of a current State of Alaska business license must be on file with the City of Kenai. 3. Verification from the Kenai Peninsula Borough that the business is in compliance with sales tax reporting requirements. 4. A certificate of occupancy must be issued by the Building Official. ATTACHMENTS: 1. Resolution No. PZ06-82 2. Application 3. Drawings ~, ~ CITY OF KENAI _ ,- - PLANNING AND ZONING COMMISSION -- RESOLUTION NO. PZ06-82 t{iecityof CONDITIONAL USE PERMIT KEMAI.ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: LAURA GANSHOW DBA THE FAMILY TABLE. LLC USE COMMERCIAL KITCHEN WITH OFF-SITE CATERING AND ON-SITE MEAL PREPARATION SES5IONS LOCATED 509 OVERLAND AVENUE -LOT 4, BLOCK 5.ORIGINAL TOWNSITE OF KENAI (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04707107 WHEREAS, the Commission finds: a. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: November 9 2006 b. This request is on land zoned: TSH -Historic Townsite c. 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. All off-street parking must be located at 509 and 513 Overland Avenue or at the public parking along Overland Avenue. Commercial deliveries to the business must not block Overland Avenue. b. A copy of a current State of Alaska business license must be on file with the City of Kenai. c. Verification from the Kenai Peninsula Borough that the business is in compliance with sales tax reporting requirements. d. A certificate of occupancy must be issued by the Building Official. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: December 13, 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 COMMERCIAL KITCHEN WITH OFF-SITE CATERING AND ON-SITE MEAL PREPARATION SESSIONS 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, DECEMBER 13, 2006. CHAIItPERSON: ATTEST: / r ~'~\ ,~,~~ -.,, __.. _ ttie city of y •~, ' "I/c`~~a e with a Past, Gi wit~t a future" 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 'ls Telephone: 907-283-7535 /FAX: 907-283-3014 '~~' 1992 CONDITIONAL USE PERMIT APPLICATION - u:Wv~i,....._ ~ Date: ~I ~ PLA~Ivif~G ~~ ~---~~ ~_ ~ ,~L G Applicant's Name: ~ ~ ,~ ~ "~ ~" 15~~/ _ Phone: Business Name: ~..~, MailTClg Address: ~ ~ ~ ~ ~ ~ (`_.+~L. j>.~ ~ ~~~v Street Address: ~~~ ~ ~' ~ ~~ ~., t"TV C.. I ~ Y- (Where permit will be o{~erated fiom.) Legal Description of Property: ~ ~ + -~~~~ Kenai Peninsula Borough Parcel No.: ~t'~.~.0~. ~ ~~ City of Kenai Zoning: Tc5 Ti ************* ~~5~,~. Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application, ~5 ~~~ w wt2, ~tN' Ql'i ~~~ :,,~,~ ~~.rs it ~%1C~~' c.~:',C.~'~. ~~k n-, 5~?.t.4_~~_~. ,l ~~~~ _~J ~C~~t f l,, ~ r .. n.. r. n....-.` . ~ f_f ~1:~'UliGi~~~ /.'~~Shl GY'U) ~~uGL~\ CM ~I.f~-`'C;~d~Y~/j~~~~.rJ') . " 4~'f.~a. d~d„r,/ ~.S .. .J.-., /'~ (~ Ll i_~ ~~ '-.s ~'7l_•'3_.(.~ ~ IJdLP/7 ~/R iI /1 it a~.J_.e. ~-l *~k~k~k~k*~k~k / // i 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. N O' ~ -e °L ~~ ~0 VG<--Q ~' ~~-5 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. ~i 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 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. r intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: it-08-06 11;49am From-FEDEX KINKOS 511' 1 509 334 3290 T-259 P GO1/001 F-830 ti._.- .. .......~.._. ... .... ..._r .._ ... . _ . .. .. ~ F~~ . _ ~. +J ~ Y~ ~ ~ r'. ~ 1 fie.. ~°!~... ~G-v~'o 7~~~ .: _. .. . _. .. . _. __ it~~ ... .. __.. ._ .. ~Qv. $ . ~ ... ~. ._ . i \ ~. pu e; _~_y: W~~..__.. ~_: {_. ~ .~:: }..?ran ~ ~v~ ._ . _ - ~ .. ~' -- .. .. , . .. . i - - . - _. i . ' ....__ ... i . ~ ... ...._ ~ e .. ._ _ ..._ _.._. (.. w,` .__ ..... `~J __ .._ ..~~.--~ - ~~~ -283 ~~~q~._... _..._. c~ .._~ i.._~ _ .~. _ _.. _._ . __~, ;,. .~k ~~ I~~„.~, cw~l~ c~~ s~9 ~, ~ ~ e~ ~~~~aa~ u~~,t~tiu~ ~~~ 5oq ov~,tfa~~~l ~Ue. `~ - ~ ,~I~u~k-(, a~ b., ~~ a ~~1~u~l-~-u`2~- ~` ~~~` ~. ~ .; .`Y: '~ • ~s ` L h, ,:,~ ~~ ~ Ll~i ~ u-E-i i ~ I I V lam, STAFF REPORT To: Planning & Zoning Commission Date: October 20, 2006 Res: PZ06-74 GENERAL INFORMATION Applicant: F. DeWayne Craig 283-7842 P.O. Box 1613 Kenai, AK 99611 Requested Action: Variance -Minimum Lot Size Legal Description: Lot 1A, Block 6, Redoubt Terrace Bluff View Addition (portion of S01 W1/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs) Street Address: None KPB Parcel No.: 04701026 (Portion of) Existing Zoning: Conservation Current Land Use: Vacant Land Use Plan: Conservation/Open Space 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. 0674 Comment.doc Page 2 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. This parcel is the result of a civil matter between the current owners, Vernon L. Lofstedt, Sr. and Muriel R. Lofstedt and the applicant, Forest DeWayne Craig. As result of a settlement between the two parties, the applicant is processing a plat to subdivide this parcel from a larger parcel. The property is zoned Conservation. The minimum lot size in this zone is 20,000 square feet. This parcel, .based on the preliminary plat, is 12,266 square feet. Applicant is applying for a variance from Kenai Municipal Code 14.24.010, Development Requirements Table for the minimum lot size. The parcel has access to public water and sewer. To issue the permit, the Commission must determine if the variance meets the requirements of KMC 14.20.180: - 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. This property is being platted as result of a civil court settlement. Applicant does not have the option to replat an area large enough to meet the minimum lot size. It does appear that there are special circumstances present. - 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. This is a settlement based on a civil suit that started with an adverse possession claim by the applicant. This property abuts the applicant's developed parcel and has been used for several years as a front yard. The applicant does not have the legal ability to add additional property to the parcel. This request does 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. The variance does not authorize a use that is not a principal permitted use. - The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Based on the legal agreement between the two parties, this is the minimum variance. - 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. This variance is not based on other non-conforming land uses in the district. 0674 Comment.doc Page 3 City Engineer: After this process is complete, the owner should consider eliminating the lot line common to Lot 1 and Lot 1A. This would also require a rezone. Building Official: No building code issues with approval. If at a later date replatting occurs, the existing side yard encroachment would be eliminated. RECOMMENDATIONS The applicant is requesting a variance from KMC 14.24.010, Development Requirements Table, for minimum lot size in order to record a preliminary plat. The plat is the result of a civil suit and settles a claim for adverse possession. The property is zoned Conservation and the minimum lot size in that zone is 20,000 square feet. This parcel is used as a lawn for the applicant's developed property. There is water and sewer available to the parcel. The variance should not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ06-74 2. Application 3. Drawings ~, , CITY OF KENAI __ ,_ -- ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-74 theatyof VARIANCE PERMIT KENAI 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: F DeWavne Craig LOCATED: Lot lA Block 6 Redoubt Terrace Bluff View Addition (uortion of SO1 Wl/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs) Property not addressed. (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: October 13 2006 2. This request is located on land zoned: Conservation 3. Kenai Peninsula Borough Parcel No: Portion of 04701026 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14 24 010 - Devel~ment Requirements Table -Minimum Lot Size 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: November 8, 2006. 7. That the Commission postponed action to December 13, 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, DECEMBER 13.2006. CHAIRPERSON: ATTEST: o~ - ~~ ~ ~-,~~ ~Jr ~~ ~~~~~~ KEYA1. ALASKA "I/'l~a e with a Past, Gi wit~t a Facture" 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 1'II~ 1992 RE~F~~ FD O~j ~3 DATE: Q / 3 02 4 ~o APPLICATION FOR VARIANCE PERMIT NAME: ~ ~~~~ l'~~~~ PHONE: ~~~`~~~~ MAILING ADDRESS:.. t-'• D ~ I~ o x ~~n ~ 3 ~ilna~ ~I I~ ggG~ll STREET ADDRESS: ~b (~ S ~ i"~s'r' ~r • I~~Vt~z,~ LEGAL DESCRIPTION: ~~f l~ l~,Ic~c~IL (a ~.~r~,L,~-"?-~.~rac KPB PARCEL NUMBER: d ~7D/D 2l~ ~Q ~'or~i'o~ 1~-F PROPERTY ZONING: '~..DVtSev~ 0 a ~ m I AM REQUESTING A._t_VARIANCE FROM (State section of Kenai Municipal Code): _ `Mi h i m U,1v~ ~ p 1 S i 2~ ****** 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 READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU -~ HAVE READ AND UNDERSTAND THESE CONDITIONS. 1~~---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. 2. 1.~ 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. ou are. required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • ~ Special conditions or circumstances aze present which are peculiar 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 vaziance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. • The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: J~~ ~4D~.t~tD2 ~~E-~~r-~' ~4S ~~KA1 D ~ 39 ~ i~yid ~,r- d A t~e~ /~~a7~o~ ca'vt c(. ~ ~lQ~e f 9~ee_yy.P~. (A.1/~t~ Q 1 l Ct C (n~e c~. ~t 9 e- i.o] i'~ ~~ Cl C~~ i `~-i o h O l e(7 Sul t~ ~ I~ ~ . Applicant's Signature: Attachment to Application for Variance F. DeWayne Craig -Applicant Lot I A, Block 6, Redoubt Terrace, Bluff View Addition a ADDITIONAL COMMENT In 1982 the end of South Forest Drive was paved (approx. 40 ft.) and a barrier wall (approx. 3.5 ft.) put in. This was done on private property. This proposed Lot lA has side walk and paved street, but is land locked because the end of South Forest Drive had not been dedicated. Once it is dedicated I will have access to this lot. IN THE SUPERIOR COURT FOR THE STATS OF ALASKA THIRD JDDICI7IL DISTRICT AT 1~ENAI FOREST DEFil1YNE CRAIG ) Case No.: 3KN-03-395-CI } Plaintiff, ~ vs. ~ VERNON L. LOFSTEDT, SR. aad ~ MQRIEL R. LOFSTEDT, ? Defendant ~ ORDER This matter having appeared by way of a Complaint for Adverse Possession, and the court having noted that the parties have been able to resolve the disputes raised herein have executed and filed a Settlement Agreement dated October 15, 2004, as incorporated herein, and the court being fully advised in the premise; IT IS ORDERED that this Order shall serve to resolve all claims for that certain real property which is described as: D83CRIPTION "Commencing at the SE property corner of Lot 1 Block 6 Redoubt Terrace 5ubdivfsion addition No. 3, Plat No. 76-96 Kenai Recording District, corner No 1, the TRUE POINT OE ~ BEGINNING; Thence North 69°12'45" West 129.69 ft. along ~ the south property line of Lot 1 Block 6 to the SW W property corner of said Lot, corner No. 2; thence South ~ 20°47'15" West 33.76 ft., said line being an extension of the West property line of Lot I Block 6, to the top of the bluff, corner No. 3; thence along the Cop of the bluff South 38°11'51" East 43.80 ft., South 21°43'06" East 49.09 ft, South 49°12'43" East 39.41 ft, South 67°25'43" East ~g 44.21 ft, North 74°97'22" East 18.27 ft to a point on the ~N extension of the east property line of Lot 1 Block 6, corner No. 4; thence North 00°12'95" 103.52 ft along the aa. extended east property line of Lot 1 Block 6 to the SE property corner of said lot, the TRUE POINT OF THE BEGINNING. IT IS FURTHER ORDERED that the property shall be platted pursuant to this description by the City of Kenai and further by the Kenai Peninsula Borough in accordance with this Order. Said platting issues and the necessity of this order are to overcome any concerns that the municipality or the borough may have with respect to square footage of the plat. This property shall be considered as a single part of that property owned by Duane and Diane Craig. ZT IS FURTHER ORDERED any necessary fees for surveys, platting application fees, or other such fees as may be deemed necessary shall be paid by F. Dewayne Craig and Diane Craig in accordance with any requirement set forth by the municipality and borough for application fees and completion fees. IT ZS FURTHER ORDERED that the parties shall sign any and all necessary papers and work in compliance in good-faith compliance of this Order. It is further ordered that the settlement agreement between the parties dated October 15, 2004 is incorporated herein. CF.R17F1CJ1T1QN ~F DISiAlBti i tuN :.. ': ~~: '' :. itttrltl~uat~copyolWetuepoNgwesnnNedm ~„ ,_(~,~J~.y,~~ ~~(2Z/dt~ :;. •:; '~: ~ merraaenmaarecond. ~~yy `~~' ~ '7 b'S' lI w~~ -Ff ~t.~1~tfid~.; ~ . M1E gFpR Superior Court Judge :::~~:;~; ~~ ,.v ~,; ,i Prepared by: Mark D. Osterman, Attorney for P1ainCi.~'f~s_~ .1 ;.-, Consent as to form and content: C~. ~~~8~c5 ~~ ~II~~II~I~IU~~~~~ C. Baldwi~l .~ -• cf~g soy ~ 4006.00046i.p .:~; ,:~~ fy ~ ,. _.~.. . o` ~' .- SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release of All Claims ("Settlement Agreement") is made and entered into by and between Vernon L. Lofstedt, Sr. ("Lofstedt") and Forest DeWayne Craig {"Craig") to resolve all claims by and between Lofstedt and Craig that were raised or could have been raised in the civil action titled Forest Dewayne Craig v. Vernon L. Lofstedt, Sr. and Muriel R. Lofstedt, filed in the Superior Court for the State of Alaska, Third District at Kenai, Case No. 3NK-03-395-CI (the "civil case"). 1. Disputes and differences azose between Lofstedt and Craig with respect to claims to a parcel of property hereinafter described. The parties have agreed to execute this Settlement Agreement and Mutual release to resolve such disputes and differences, and to provide for certain payments and performances in full settlement and discharge of all claims that have been asserted in the civil case. 2. The Parties release and forever discharge each other, and each other's heirs, agents, assigns from any and all past, present, and future actions, claims, counterclaims, cross claims, third party claims, and demands of any nature whatsoever for damages or other relief of any kind, whether mature or not mature, relating to or arising in any way from their respective claims to the property hereinafter described. 3. The Parties further agree to stipulate to the dismissal, with prejudice and without costs, or fees, of claims against each other in the civil case immediately upon closing of the transaction as provided in pazagraph 4, below. 4 The Parties further agree as follows. a. Lofstedt will convey to Craig that portion of the property depicted on Attachment 1 hereto as Encroachment (the "Property'). He will convey the Property by good and sufficient warranty deed, subject only to easements, reservations and covenants of record. The conveyance will include the rights to quiet enjoyment to the land, air, and sunlight as they are presently situated and he will covenant not to unreasonably block or interfere with those rights. b. Craig will pay Lofstedt a total of $20,000. He will pay $10,000 within 10 days of the execution of this agreement and $10,000 upon receipt of the deed to the property. c .Each party will use best efforts to comply with AS 40:15.010 and applicable Kenai Peninsula Borough platting ordinances and regulations to create a subdivided parcel which can be lawfully conveyed. Craig will pay all surveying or platting costs necessary to create the pazcel and all closing costs. D Closing will occur within 30 days after approval of the final plat. 5 .. The Parties acknowledge familiarity with the decision of the Alaska Supreme Court in Young v State, 455 P.2d 889 (Alaska l 969)and the protection of that holding is hereby expressly waived. All individuals, corporations, or other entities who could, now or at any future time, be possible defendants in any action arising out of the dispute in question are hereby released as fully as though they were specifically named herein. The parties further acknowledge an understanding of the decision of the Alaska Supreme Court in Witt v. Watkins, 579 P.2d 1065 (Alaska 1978), and enter this Settlement Agreement and Mutual Release with full intent to release each other from any damages or losses which the parties know of, or reasonably should know of, at the present time. 6. The parties represent that the settlement which led to the execution of this Settlement Agreement and Mutual Release was not secured under duress or in haste at the instigation of the other parties, and that the parties were not, in agreeing to this Settlement Agreement and Mutual Release, at a bargaining disadvantage because of the nature of their losses or damages or for any other reason, and that they have been represented by legal counsel throughout the course of negotiations which led to the execution of this Settlement Agreement and Mutual Release and all other documents required to dismiss all proceedings against each other. In executing this Settlement Agreement and Mutual Release, the parties have not relied on any statement or representation made by the other parties, their agents or representatives, concerning the nature, extent, or duration of the losses or damages, or the liability therefore, or any other statement or representation of any nature by the other parties, their agents or representatives. 7. The interpretation and enforcement of this Settlement Agreement and Mutual Release shall be governed by the laws of the State of Alaska, and any proceedings relating in any manner whatsoever to this Settlement Agreement and Mutual Release shall be conducted in the Superior Court for the State of Alaska, Third Judicial District at Kenai. In the event it is necessary for any parry hereto, or its authorized representative, successor, or assign, to institute suit with respect to this Settlement Agreement and Mutual Release, the prevailing party in such suit shall be entitled to reimbursement for its reasonable costs, expenses, and attorney's fees incurred. 8. This Settlement Agreement and Mutual Release has been jointly drafted by the parties hereto following negotiations between them. It shall be construed according to the fair intent of the language as a whole, and not for or against any of the parties. 9. Each of the individuals signing this Settlement Agreement and Mutual Release on behalf of a party hereto warrants that he or she has the authority to sign the Settlement Agreement and Mutual Release and thereby to bind the party on whose behalf he or she signs. The parties hereby declare they have completely read and fully understand the terms of this Settlement Agreement and Mutual Release, have had the assistance of legal counsel, and voluntarily execute this Settlement Agreement and Mutual Release for the purpose set forth herein. 10. This Settlement Agreement and Mutual Release contains the entire agreement between the parties with regard to the matters set forth herein, and shall be binding upon and ensure to the benefit of the executors, administrators, personal representatives, heirs, successors, affiliated companies, and assigns of each party. l 1 . This Settlement Agreement and Mutual Release may be executed in counterparts, each of which will constitute an original, and all of which together shall be deemed a single document. IN WITNESS WHEREOF I have hereunto set my hand this ~~? day of ~C.~ ot; Pr, 2004 READ BEFORE SIGNING .~ // , ~ ~. ..~ Vernon ~. L~fstedt, Sr. ACKNOWLEDGED before me this `T_ day of ~~j ~ `1 , 2004 -~~,~~01~1~ Notary Public for 1~asl~a My Commission Expires IN WITNESS WHEREOF I have hereunto set my hand this day of ~~ , 2004. READ BEFORE SIGN G orest DeWayne g ACKNOWLEDGED before me this ~~ day , 2004. Notary Public for Alaska My Commission Expires: d3 a off" \\ S h j~ ^!a O ,.,n'~ ~~ d` ~~ 1. S~ _,.- ,,IT.. . u u 0 0 } ~~~ o ~Io o ~,~, ~~ ~~ ..: bob s ',~'~ ,~~ O c~,° /~ g9~ garden. ;fit:,...';` `~"=~, • l:/ `~9 ~R.~ 4 ;','" :k`n`' ti+f a:y+N __ .'y:1:~ • Sri ~ (C~ ;. r v 6~2 ;. ~';,~ N~ 4. `~-- '/ r Its , . , '.i, AS-BUILT CERTIFICATION ~~ I ti q 3 0 ao ~3 `^ M ~ /)n' ~ O O O OO V Overhead Power line is t0.5' beyond Utility Easement N M O 0 O Z LEGEND As-Built Certificote I hereby certify that the improvements hereon exist Monument (found) as shown on the following described property. ... _. .. NfnTllln I If1C11t1f11V1/'iA(] Prof~erty OC)~UC:ent Scale: t" = 30' F.B. ~/: ?003-5, Pg. 5 to Lot 1 Block 6 Redoubt Terrace KENAI RECORDING DISTRICT Subdivision Bluff View C'ondoominiUms Plat: 99-39 Date: 13 May, 2003 and that no encroachments exist except os indicated. Exclusion Note: Drown: CB W.O. ~/ 23099 Disk: Redoubt Terroc ~^ IL is the responsibility of the Owner to determine the ~jn~/F~„ ~„ ~, ~ f~ C(J~/ p~~, existence of any easements, covenants, or restrictions V G (GJy[~!/L u~~~~''~'~"y which do not appear on the recorded subdivision plot. 605 Swires Drive, Kenoi, Alaska 99611-8363 Under no circumstances should ony doto hereon be used for construction or for establishing boundary or SURVEYORS PHONE - (907) 283-9047 PLANNERS fence lines. fax --- (907) 283-9071 J~ ~ Lot 1 /Block 6 ) EXHIBIT W6 ~ °O oUP O m ~~~ ~ w C ~ ~ ~ x~m ~ ~ ~ Jt1l' z LO Z U ~ ~ ~ ~ jy~ W Z °~ ~ ° ~ g3j !] ° E.~ E~y T b $~a W I „ate W ~ 6 g~ #~ a R~ n ;EeS`f. ~ Q ~<~~ ~ W L ~ ~ '~ N .tij ~ uQ ~Y Y ~8 g 7S E t a Siii;~i (> ,~~~~ ~ `" U ~ `va Z ~ O .0 .; ~vxi w i g Mlta :ii~°''~::i ~ D °p~~ Y W ~ Y W ° ~~ ~ i ~O~ .iiiii/i i~~i(~-'"l ;iii`iii W ='Z~yW~U U 1 ~' CO ~ U 2 N O ~3r~ ~~p 2 ~Z~ U~ ~ ~ ~a~` Q W Z c$ a ~ Q ~ ~c c $ ao i 6~yi 5 (~ rccA~~ O i ~ m ~<°i w 0~ ~ <'~x ~ ~ R Z ~ ~~ ZB U ~o~~~ ~ 4 ~ ~r g s ~ ~ 5~2~ ~ ~ I I ~n O W ~ m~~~i O ~~~~ u ~~11 1~~/ QC~C~ila~i ~}~0 ~~c~ w I ~ ~' ~W ~k' W ~ Q ~ °~ KZIOY Y _ a ~ Moa ,sc ~ 822.LQ ~S2.L0`,j ` / ,ZS'£Ol M.SY,Zt.00N ~ W (~7~' ~ iuauwav3 ~i!Lifl ,Ol N N ~~~ / -.-__-_ is 't Z '~ U' Q~ P Nn Z s~ ~ ~ " p~' co ~"~ a d ~ ~ 0 3 '~ Q~ H M~ ~ i ~ \ ~ ~~~ s ~^ ti~ry J S O Q ~ \ \ ~~ ~ ~e~~rt O ~ M ~1~, ~ Q ~onl / ~ ~ ~ \ E ~ x ~~ ~ ~ s L~J g p~ ,y` nnnnnn \ ~ ~ Q m ~ L~1 ~ ~ ~ ~~ ~ °" ~ ~ ~ p~ / ct~ \ ~ Q / ~ ~ S C7 \ 0~ ; ~ ~ a ~ CI g ~ \ ~ ~ 6 ~ 6 ~~ HN ~ W F U Y € ~~~~. E~ ~c~ ~~~ w t v o ~~ ~ /~~ N E x °s ~o ~ s° ~ `y % ~S~gS'E O4w ~~ • Oq F o~~l~~p F v6 „vS a `3 w a' U2 ~ a- ~~ ~~~. ~ oar c eyF F~F~ S = E rc rc pp~ p i0._ ~ :J _ g6 ~e ~~E 6~ m ~ m`p m` 6 SS ~/~vt`. OY. ~ ~ ~~E ~ae .T°e O ~we ]U Z N 3 N If Z C ~rb,(`~' ~~' •~~ TegpO d (jj x5b~~ ~~°e ~~d Y ~ ~ ~ .... ... ~S~YYE~ O O~ 2~ i ~ W ~ O~ L$ A Z ~ a n Page 1 of 1 Marilyn Kebschull From: Fred Olsen [kenailabman@yahoo.com] Sent: 01 November, 2006 11:07 AM To: Marilyn Kebschull Cc: kenailabman@yahoo.com Subject: Craig Variance P206-74 Marilyn, Thank you for explaining the variance requested by Mr Craig. I would like to express the concern my wife and I have regarding this variance. I assume the standards were established with valid reasons to maintain the quality of our neighborhood and I support that fully. As a property owner on Toyon Way, I would hate to see more construction on the edge of the bluff. We are concerned about the aesthetic beauty of the area as well as the environmental impact on the stability and potential for erosion of the bluff. For these reasons I object to granting a variance in this case. Respectfully Yours, Fred W.Olsen Jr. KENA/ PENINSULA BOROUGH ~ ..~ ~ PLANNING DEPARTMENT a 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX.• (907) 7~4-2378 Toll-free within the Borough: 1-800-478-4441, Ext. 2200 www. borouah.kenai.ak.us •,, .. ,,,,o•. JOHN J. WILLIAMS BOROUGH MAYOR November 29, 2006 NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF NOVEMBER 27, 2006 RE: Redoubt Terrace Bluff View Addition Preliminary Plat The Plat Committee reviewed and granted conditional approval to the subject preliminary plat during their regularly scheduled meeting of November 27, 2006. Please contact the Planning Department if you need additional information. This notice and unapproved minutes of the subject portion of the meeting were sent November 29, 2006 to: City of: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 Advisory Planning Commission/Community Council: N/A Survey Firm: Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 99611-8902 Subdivider/Petitioner: Vernon Lofstedt PO Box 1616 Kenai, AK 99611-1616 Interested Parties: F. Dwayne 8 Diane Craig PO Box 1613 Kenai, AK 99611 KPB File Number: 2006-324 AGENDA ITEM E. SUBDIVISION PLAT PUBLIC HEARINGS 2. Redoubt Terrace Bluff View Addition KPB File 2006-324; Integrity/Loftstedt Staff Report reviewed by Patti Hartley Plat Committee Meeting: 11/27/06 Location: City of Kenai Proposed Use: Residential Zoning: Conservation Sewer/Water: City Assessing Use: Vacant Suaaorting Information: The subdivision is being undertaken to comply with a court order. Even under court order, the plat must comply with the Kenai Peninsula Borough subdivision code. The proposed plat subdivides a 12,2661ot from a 53-acre parcel. Access is off South Forest Drive. The new lot is served by city water and sewer. The appropriate wastewater disposal note is on the plat. Kenai Planning and Zoning Commission reviewed the plat on October 25, 2006 and granted approval subject to: a. Prior to final plat being recorded, a variance for minimum lot size must be approved. Borough staff comments: Kenaf Planning and Zoning Commission minutes indicate a variance request will be presented to the Kenai Commission in the future. The lot meets the Kenai Peninsula Borough minimum size for a lot serviced by public water and sewer. KPB 20.12.050 requires the subdivider to ensure the final plat conforms to lawful ordinances and requirements of the city. Staffrecommands documentation that the Kenai Planning and Zoning Commission approved the variance be submitted to the Borough Planning Department prior to final plat. b. Access to the lot must be provided either by dedicating an extension of the South Forest Drive right-of-way or recording an access easement for the parcel. Borough staff comments: Staff recommends the plat provide a 30-foot matching right-of--way for South Forest Drive per KPB 20.20.100 and 20.20.110. Lot 14A is a substandard size lot per the zoning district n3quin;ments. If the right-of-way for South Forest Drive is not dedicated at this time, it is doubtful a match to the existingright-of-way can ever be obtained in the future. Satellite imagery indicates a travel way extends southerly of South Forest Drive. Staff recommends the existing travel way be shown within the dedication. c. Plat Note 3 should be amended to include a note that parcels are served by city water and sewer. Borough staff comments: The preliminary submitted for Borough review complies with this recommendation. An installation agreement is not required. A 10-foot utility easement is provided along the entire eastern boundary. A power line affecting the northeastern comer has been shown. Per Planning Commission Resolution 2000-25, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on the final plat. If no response is received within 30 days, staff will assume they have no requirements regarding the subdivision and it may be finalized. If the Certificate to Plat shows the property is affected by private covenants, staff recommends the recording information of the private covenants and restrictions of record in effect at the time the final plat is approved be noted on KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 27, 2006 MEETING MINUTES PAGE 7 UNAPPROVED MINUTES the plat (KPB 20.16.140). No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following. conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: Provide the address of the owner (KPB 20.12.060). ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF THE FINAL PLAT IN ACCORDANCE W ITH TITLE 20 INCLUDE: 2. Correct Forest Drive to South Forest Drive. 3. The subject property is wholly or partially a Government Lot. Show right-of-way easements or cite record reference, if applicable (KPB 20.16.130). 4. Correct the dedication and/or approval statement(s) with the notary's acknowledgement as needed (KPB 20.16.155). 5. Survey and monumentation must meet the ordinance requirements (KPB 20.16.160). 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Ordinance 90-38 (Substitute)- Ownership. 8. Compliance with Ordinance 93-59 - Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR ON A FORM PROVIDED BY THE BOROUGH WITHIN 10 DAYS AFTER NOTIFICATION OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR PUBLICATION 2.40.080 BOROUGH CODE OF ORDINANCES). THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION 15 REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON WHICH RECONSIDERATION IS BASED. END OF STAFF REPORT Chairman Martin read the rules by which pubic testimony was taken. Chairman Martin opened the meeting for public comment. Cliff Baker. Integrity Surveys Mr. Baker represented the developers and asked for approval as aneither / or option. He stated it would solve the problem if they could get the 30-foot dedication. If they can't, then he would like it approved where they would attach this to the property to the north thereby making it one large parcel. Chairman Martin asked if there were questions for Mr. Baker. Commissioner Carluccio asked for clarification of Mr. Baker's request. Mr. Baker clarified this was a court ordered piece of property. He stated staff commented that the court couldn't force the commission to create a parcel that didn't have access to a public right of way so staff asked fora 30-foot dedication that hopefully could be matched in the future. Mr. Baker felt there could be con#ention between the people who own the 30 feet on whether or not they want to give it up. If they don't then it would make his clients have to attach the court ordered parcel to their parcel instead of having a separate piece and it would then have dedicated access on Toyon and Forest. KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 27, 2006 MEETING MINUTES PAGE 8 UNAPPROVED MINUTES Ms. Toll stated staff requested the extension of Forest Drive so that it would have dedicated access along the west side. She clarified that Mr. Baker proposed either that option if he could obtain the dedication or the option of combining Lot 1A with Lot 1, which would front on Forest Drive and Toyon Way. Staff did not have a problem with either of these solutions since they would both create a lot that fronted on a right of way as is required by the Code. Seeing and hearing no one else wishing to comment, Chairman Martin closed the public hearing and opened discussion among the Committee. MOTION: Commissioner Hutchinson moved, seconded by Commissioner Tauriainen to grant approval of the preliminary plat subject to staff recommendations and conditions. Commissioner Hutchinson asked if the motion could be amended to include a requirement that the plat come back to the commission if the line was removed befinreen Lot 1 and Lot 1A. Ms. Toll stated that could be done but also stated that Mr. Baker might be able to obtain the dedication. She stated this was a unique circumstance since this was under a Court Order. Ms. Toll clarified that Mr. Baker asked for conditional approval subject to either options that could be revised to agree with the Court Order and the Borough Code. She stated the Committee would be granting approval to either of the two redesigns that Mr. Baker requested. Chairman Martin asked if that was included in the motion. FRIENDLY AMENDMENT: Commissioner Hutchinson included staffs comments in the motion that the Commission grants approval to either of the two redesigns that Mr. Baker proposed. Commissioner Carluccio understood the Court Order saying that the piece of property was to stand by itself. Ms. Toll thought there was a problem with the terminology in the Court Order in that it wasn't very clear. It could have been read that way or could have been read that it be required that the parcel be combined with the other lot so the owners would have a single parcel. Chairman Martin asked Mr. Baker to address Commissioner Carluccio's concern. Mr. Baker clarified that the description in the Court Order outlined the exact boundaries of what he had proposed for this lot. It did not include any dedication or any means of public access to this parcel, which is illegal by Borough Code. He stated the Court could not force the Borough or State to create landlocked parcels. They took a description and outlined what the client had been using and was now trying to make it fit in with the Code and to be resolved between the two parties. Mr. Baker expressed concern that if a dedication was forced to come from the same individual that had to give up this property that was in contention anyway and had to go to Court then he may not be willing to give up the additional 30 feet without going back to Court. If they could attach it to the property that already had frontage and make it one parcel then the issue could be resolved between the two parties. Commissioner Carluccio stated that she did not read it as it being a separate parcel. Mr. Baker didn't think the Court Order addressed the issue since they didn't care if the two parcels were made into one parcel. Commissioner Hutchinson asked if there was one owner for Lott & Lot 1A. Mr. Baker replied there was one ownerfor Lot 1 of Redoubt Terrace and another owner that owned the unsubdivided remainder of Lot 1A. Commissioner Hutchinson asked if it would be deeded to one owner once it was subdivided. Mr. Baker replied yes, after it is subdivided then the overall property owner of the 53 acres would deed back over to the property owner of Lot 1. Commissioner Hutchinson asked if it would eventually become one owner. Mr. Baker replied yes. Chairman Martin asked if the owners would have to come back and remove the lot line. Mr. Baker replied no. He hoped to get the owners to agree to remove the lot line if the dedication couldn't be obtained. The lot line would be removed at the recording and the owners would have to do a title clearing action. Theywill have to do quit claims back .and forth to meet the Court Order requirements. The owner would still own the portion within the area that the court stated he had to transfer until it was actually quit claimed over even though it would be one lot. There being no further questions or comments, the commissioners proceeded to vote. KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 27, 2006 MEETING MINUTES PAGE 9 UNAPPROVED MINUTES VOTE: The motion passed by unanimous consent. CARLUCCIO FOSTER HUTCHINSON MARTIN PETERSEN TAURIAINEN 6 YES YES YES YES YES YES YES AGENDA ITEM E. SUBDIVISION PLAT PUBLIC HEARINGS 5. Seldovia Townsite East Addition 2006 Replat KPB 2006-329; Seabright/Watson Staff Report reviewed by Patti Hartley Plat Committee Meeting: 11/27/06 Location: City of Seldovia Proposed Use: Not Provided Zoning: Not Provided SewerlWater: City Assessing Use: Residential Supoortin4 Information: The proposed plat reconfigures a common lot line. Per the submittal, the new lot lines will make better use of the property. City water and sewer serve the subdivision. The appropriate wastewater disposal note is on the plat. Both lots access D Street by a recorded 14-foot wide driveway easement. Seldovia Planning Commission reviewed and recommended approval of the plat subject to providing a 3-foot utility easement for water service. Staff recommends the utility easement be provided per the city's request. The City of Seldovia does not require an installation agreement. Improvements have been shown. Perthe submittal, the fuel tank straddling the new common lot linewill be removed; however, it appears the shed straddling the new lot line will not be removed. The Seldovia Planning Commission minutes do not reflect discussion of encroachments. Staff recommends the following note be placed on the plat: Acceptance of the plat by the Kenai Peninsula Borough does not constitute acceptance of any encroachments by the Borough. A sewer line easement affects the subdivision boundary fronting Seldovia Slough. The recording information for the easement has been shown. Staff recommends low wet areas, if any, be shown on the plat. The location of the bluff affecting both lots has been shown and labeled. Kenai River Center review was not available when the staff report was prepared. The City of Seldovia participates in the Floodpiain Program. The proposed subdivision appears to be within a flood hazard zone. Development maybe subject to the requirements of Chapter 21, Borough Code. Staff recommends the final plat have a note in accordance with Planning Commission Resolution 87-13. Staff recommends any mapped flood hazard zones be shown and labeled with source. Development within the subdivision may be subject to the administrative policies andlor enforceable policies of the KPB Coastal Zone Management Program (Ordinance 90-20). Lots 2A and 2B are affected by blanket easements for right-of-way, right of flight, and Homer Electric Association. The recording information has been provided. Per Planning Commission Resolution 2000-25, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 27, 2006 MEETING MINUTES PAGE 10 UNAPPROVED MINUTES "Villa e wit~r a Past, Gi wit~t ~ .9' ~` ,~, ~, ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~ Telephone: 907-283-7535 /FAX: 907-283-3014 ~' ~~ _ -~,: I I - _ - _-_ 1992 `the ci o ~' f KENAI~ SKA ^ ^ TO: Planning & Zoning Commission ~~'. FROM: Marilyn Kebschull, Planning Administrator _n'i DATE: November 21, 2006 SUBJECT: Rezone of Angler Acres Area On October 11th, the Commission requested staff send notices to residents in the Angler Drive and South Ames Road area asking for comments relating to a proposed rezone. Notices were sent to the owners of 66 parcels. Of those notices sent, the majority of the property owners on South Ames responded against any possible rezone. Attached are copies of emails received. In addition, calls were received from two residents (Nick Miller and Jerry Huf) who advised they were against any type of rezone affecting South Ames Road and not happy about rezoning Angler Drive either. A few calls were received from residents along Angler Drive who questioned the pros and cons of a rezone. Does the Commission want to proceed with initiating a rezone of the Angler Drive area? Does the Commission want to include South Ames in the proposed rezone? Page 1 of 1 Marilyn Kebschull From: Greg Davis [gregtery@gci.net] Sent: 29 October, 2006 2:13 PM To: Marilyn Kebschull Subject: Ames Rd Zoning Dear Ms Kebschull, My wife and I own a home on South Ames Road (785 Ames Rd.) in Kenai. We are writing a note to let you and the Planning and Zoning committee know we are against a zoning change from Rural Residential to Recreational. There is only one guide and a welding shop (Nick Miller was raised and has lived on Ames Rd for 6Oyrs) on the road, and we would not like to see any more commercial development. Please be advised that nearly all the homes and parcels are "Rural Residential" and should be zoned accordingly. Further, most of the homes on S Ames Road are occupied year-round by their owners. So it doesn't seem proper to re-zone a residential neighborhood to "Recreational" for the benefit of one or two property owners. Please do not re-zone S Ames Road. Sincerely, Greg & Terry Davis 785 Ames Rd Kenai 1312 E. Klatt Rd Anchorage 283-6564 or 562-0992 10/30/2006 Page 1 of 1 Marilyn Kebschull From: Jim Clark (jacl@gci.net] Sent: 26 October, 2006 9:15 PM To: Marilyn Kebschull Subject: Please Do Not rezone S. Ames Rd. Dear Ms Kebschull, My wife and I own a small parcel with a home on South Ames Road (805 Ames Rd.) in Kenai. We were surprised to receive your postcard announcement that a zoning change from rural residential to recreational was being considered. Please be advised that nearly all the homes and parcels (except two) on S. Ames Road Are "rural residential" and should be zoned accordingly. Further, most of the homes on S Ames Road are occupied year around by their owners. So it doesn't seem proper to rezone a residential neighborhood to "recreational" for the benefit of one or two nonresident property owners interested in commercializing their holdings. Please do not rezone S Ames Road. Sincerely, James AClark/Victoria Clark 805 Ames Rd Kenai, Ak 99611 335-1976 iacl ci.net Page 1 of 1 Marilyn Kebschull From: dinks@acsalaska.net Sent: 25 October, 2006 3:59 PM To: Marilyn Kebschull Subject: Re: Rezone Input -South Ames & Angler Drive Marilyn, I would like to go on record with my comments/concerns about the Angler Dr. and S. Ames Road Rezoning. I am opposing the zoning change for both Angler Dr. and S. Ames Rd. The majority of the property on S. Ames is residential and those of us that live here year round want to keep it a residential neighborhood, and preserve the integrity and safety of the neighborhood. We have lived on S. Ames Road since 1993, it's our intent to retire here and do not want S. Ames to become congested with increased traffic and seasonal businesses which the special use permits would allow deviation from rural residential on a controlled basis. I do not support changing the classification. Regards, Bill Bryant Rezone of S.Ames & Angler Drive Page 1 of 1 Marilyn Kebschull From: Rogalsky, Ron [Ron.Rogalsky@conocophillips.com] Sent: 24 October, 2006 5:13 PM To: Marilyn Kebschull Cc: zpychk@customcpu.com Subject: Rezone of S.Ames & Angler Drive In response to the recent notification from the Planning and Zoning commission: We would like to go on record as opposing the zoning change for Angler Drive and S. Ames Road. Our intent as property owners is to preserve the integrity and safety of the S. Ames Road neighborhood. Although there are two existing businesses on S. Ames Road, the majority of the property is residential and those of us that live here are interested in maintaining S. Ames as both a rural and residential neighborhood. The conditional use permit process allows for review, control and oversight for activities that are outside the principle zoned land use. Changing to recreational zoning removes this control. Ron Rogalsky PO Box 35 Kenai, AK 99611 283-9237 10/25/2006 Angler Dr. & S. Ames Road Rezoning Page 1 of 1 Marilyn Kebschull From: Loveland, MJ (MJ.Loveland@conocophillips.com] Sent: 24 October, 2006 4:35 PM To: Marilyn Kebschull Subject: Angler Dr. & S. Ames Road Rezoning Marilyn, I would like to go on record as opposing the zoning change for Angler Drive and S. Ames Road. My intent as a property owner is to preserve the integrity and safety of the S. Ames Road and bordering Angler drive neighborhood. Although there are two existing businesses on S. Ames Road, the majority of the property is residential and those of us that live here are interested in maintaining S. Ames as a residential neighborhood. We live at the end of Ames road all year around and it is our intent to retire here. Changing the zoning classification on S Ames Rd or Angler drive would severely affect our quality of life in the neighborhood in which we live by increasing traffic, congestion, and dust. The special use permits allow deviation from rural residential on a controlled basis. I do not support changing the classification on S Ames RD or Angler Drive or deviating from the requirement of a special use permit for deviations. MJ Loveland 283-9237 ~ ni~4i~nnti Proposed Angler & South Ames Zoning Changes Page 1 of 2 Marilyn Kebschull From: Padgett, Mack [Mack.Padgett@conocophillips.com] Sent: 24 October, 2006 3:45 PM To: Marilyn Kebschull Subject: RE: Proposed Angler & South Ames Zoning Changes Yes Mack 263-4614 From: Marilyn Kebschull [mailto:kebschul@ci.kenai.ak.us] Sent: Tuesday, October 24, 2006 3:44 PM To: Padgett, Mack Subject: RE: Proposed Angler & South Ames Zoning Changes Mack, For clarification, are you against the Angler Drive rezone? Marilyn Kebschull, AICP Planning Administrator City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-8235 Fnx: (907) 283-3014 E-mail: mkebschullC~ci.kenai.ak.us ----Original Message----- From: Padgett, Mack [mailto:Mack.Padgett@conocophillips.com] Sent: 24 October, 2006 3:24 PM To: Marilyn Kebschull Subject: Proposed Angler & South Ames Zoning Changes City of Kenai Planning & Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 RE: Angler Dr. & S. Ames Road Rezoning Proposed Angler & South Ames Zoning Changes Page 2 of 2 I would like to go on record as opposing the zoning change for Angler Drive and S. Ames Road. My intent as a property owner is to preserve the integrity and safety of the S. Ames Road neighborhood. Although there are two existing businesses on S. Ames Road, the majority of the property is residential and those of us that live here are much more interested in maintaining S. Ames as a residential neighborhood. We have owned property on S. Ames Road since 1990 and it is our intent to retire here. The special use permits allow deviation from rural residential zoning on a controlled basis. I do not support changing that classification in such a way that it increases traffic and congestion and in any way changes the nature of the neighborhood. Sincerely, Mack E. Padgett 907/283-5870 10/24/2110E Marilyn Kebschull _ From: Marilyn Kebschull Sent: 19 October, 2006 11:56 AM To: 'ken smith' Subject: RE: Rezoning Unfortunately, I cannot tell you how the rezone may affect your property value or taxes. As for new regulations, you should review the City code at our web. site and look at the differences between the Rural Residential zone and the proposed Recreation zone. You can access the information at www.ci.kenai.ak.us. The City's code is accessed from the home page. Review Title 14, Land Use Table. According to my records, you currently hold conditional use permits for a B&B and guide service. Within the recreation zone, the guide service would be a permitted use; however, the B&B still is a conditional use. After you have an opportunity to review the City's code, if you still have questions, please let me know. The City appreciates you taking the time to respond to the notice and the Commission would like to consider all comments before making a decision whether or not to proceed with the proposed rezone. Thanks. Marilyn Kebschull, AICP Planning Administrator City of Kenai -----Original Message----- From: ken smith [mailto:drifterslanding@yahoo.com] Sent: 17 October, 2006 10:02 AM To: Marilyn Kebschull Subject: Rezoning To whom it concerns, At first glance we like the rezoning consideration. However, before we can really consider this, we need to know how this will effect the value of our property, our property taxes, what kind of new, hard to live with regulations, etc? Would appreciate a few details before we send in our comments. Thank you, Ken & Elizabeth Smith Ken & Elizabeth Smith Drifters Landing www.fishalaskasalmon.com 1 STAFF REPORT • To: Planning & Zoning Commission Date: November 2, 2006 Res: PZ06-81 GENERAL INFORMATION Applicant: LaRae Selfridge 283-1057 Happy Hearts Child Care 2620 VIP Drive Kenai, Alaska 99611 Requested Action: Home Occupation -Daycare Legal Description: Lot 10, Block 2, VIP Ranch Estates Street Address: 2620 VIP Drive KPB Parcel No.: 04340021 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: RR -Rural Residential ANALYSIS KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Applicant is aware the code allows her to watch up to eight children including her own from her residence. The floor plan is the same sent to the state for licensing approval. The proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on October 20, 2006. If the day care is still in operation, afollow-up will be required on October 20, 2008. RECOMMENDATIONS Recommend Approval. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ06-81 2. Application 3. Drawings ,~~,;~. CITY OF KENAI _ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-81 fJ~ecttyof HOME OCCUPATION PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Home Daycare -- (Type of Permit) OPERATED BY: LaRae Selfridge dba Happv Hearts Child Care LOCATED: 2620 VIP Drive Lot 10 Block 2 VIP Ranch Estates KENAI PENINSULA BOROUGH PARCEL NO: 04940021 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230 has been submitted and received on November 2, 2006. 2. That the application has been reviewed by the Commission at their meeting of December 13, 2006 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 13th day of December 2006. Chairman: ATTEST: "I/c'~~a e with a Past. Gi wit~t a F~tr~re" 9 ~' r .,,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 i `~.%~~"_ Telephone: 907-283-7535 /FAX: 907-283-3014 I -, ,. 1 92 _~ :,~. . fire ci U ~~ .~... ~~ ~~ ~fl~~~~~. ~~ti.,~ HOME OCCUPATION PERMIT APPLICATION DATE: ~ O I ZO NAME: LPtICAE C-)tLF"1~.~ ~C~En PHONE: 2~~/UJ~ -' ~~~7 ~~] MAILING ADDRESS: ~P~~ ,~/!-~ ~ (~ I U ~ f~~EAIA I ,. a ~ `-'/ `7 ~P~ PHYSICAL ADDRESS: S*+rn c .~ LEGAL DESCRIPTION: LrJT 1'b 13Lf~C~IL 2 PARCEL NUMBER: ~t,~I ~~~ ZONING: ~~ DESCRIPTION OF OCCUPATION: Ep T ~ i_T,(~Z~~(~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: Not more than one person outside the family shall be employed in the home occupation. No more than 30% of the gross floor area of the buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot, including the residence and any accessory structures. In addition, show narking areas and trafTic patterns. Clearly mark the area to be used for the home occupation. The home occupation shall be carried on wholly within the principal building, or the building, which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Application Approved by the Planning Date 11 f 06f 2006 10:40 v~'a~~~ 9072629516 CRAIGTAYLOR SOLDOTNA -~"~o ~ ~oo~ av S~ ~~ ' ~~ ~ ~ OEM a`~~ 6p~M ~~ ~ ~ ~~' ?~ ~ ~ ,a ~p~~ ~~ ~ ~~ ~ f`~ o~ ,~~ Ctus~'( ' L~~~ -~" ,. ~ ~, ~ % ~,//,r ' .,/ .ail.: ~ f, f. ~,.~`~: ~~ .- ~~ / ~,.. ,. ~' ~~ Lv~u6 SP~~ ~~f~~1 ~ y~i~O~W Wwdoul PAGE 02102 C~~VagG ~'~~~ M~`~~ a~ 0"- 7~ STAFF REPORT To: Planning & Zoning Commission Date: November 21, 2006 GENERAL INFORMATION Applicant: Hal Westbrook, Member Blue Heron Land Company, LLC 560 Curry Road Roseburg, Oregon 97470 Res: PZ06-84 (PZ01-11) 541-430-3522 Requested Action: Transfer of Conditional Use Permit - Hotel (Short-term Recreational Rentals) Legal Description: Lot 1, Block 2 Anglers Acres Subdivision Addition No. 1 Part 2 Street Address: 1230 Angler Drive KPB Parcel No.: 04939049 Existing Zoning: RR -Rural Residential Current Land Use: Recreational Land Use Plan: Rural Residential ANALYSIS Applicant has purchased this property and is applying to transfer Conditional Use Permit PZ01-11 for Hotel (Short-term Recreational Rentals) from Bryan R. Lowe, Hi-Lo Charters. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. 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 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." Based on the written request and plan to continue use as currently allowed under 0684 Comment (01-11).doc Page 2 Conditional Use Permit PZ01-11, approval of the transfer should be granted. A copy of Resolution PZ01-11 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval with the following requirements: 1. Structures were last inspected by the Fire Marshal on 6/5/05 and met all ire code requirements. Structures must be inspected every two years thereafter. 2. If food service is provided, must meet D.E.C. requirements for food service. 3. Must have current Alaska Business License. 4. Register for sales Tax with Kenai Peninsula Borough. ATTACHMENTS: 1. PZ06-84 (PZ01-11) 2. Request for Transfer 3. Resolution PZ01-11 <-~,;~~'~. CITY OF KENAI ___ ;;_ .' PLANNING AND ZONING COMMISSION y RESOLUTION NO. PZ06-84 (PZ 01-11) theciiyaf TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA HOTEL (SHORT-TERM RECREATIONAL RENTALS) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR HOTEL (SHORT-TERM RECREATIONAL RENTALS) AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: BRYAN R LOWE TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC FOR THE PROPERTY KNOWN AS LOT 1 BLOCK 2 ANGLERS ACRES SUBDIVISION, ADDITION NO. 1 PART 2, KENAI. ALASKA. WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 2001 for Hotel (Short-term Recreational Rentals). 2. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on November 20, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 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 CONDITIONAL USE PERMIT FOR BRYAN R. LOWE DBA HI-LO CHARTERS FOR HOTEL (SHORT TERM RECREATIONAL RENTALS) BE TRANSFERRED TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING DECEMBER 13, 2006. CHAIRPERSON ATTEST ~c-r . i?~ . Gabb 4 ~ i z : attNM CITY OF' KENAI ~r~. r ~~~~~ _ _. ~ f/ \'` the my of // ~ ~~~ N0,9?6 P.1.i1 u~.r~~ e u1c'~~ Gt PRSt, Gi wi~~t a ~G~~LIYe rr l .~ 210 Fidalgo Avenue, Kenai, Alaska 99611•-7794 !,~ Telephone: 907-283-7535 / SAX: 907-•2SS-3014 ~~Ii~~ 1992 - ~~~~ ~. TR~NS~ER OF ~..... CONU~TIONI~L tISE ,PERMIT ~'~-iv~,r'f~~~~~~,r;=.:,., `~ ., Kenai lYlunrrxpaI Code 14.20.150 (i)(41 alloys Conditional Ube Permits to tt~tnsfeJr from one ~ awrter to another fbr the same hse and Iocatioa,~buf if there is a change in the iRSe on.tt~e uropec - a new_per~mit must be obtained. USte;November 16, 2006 AppItcant's Name Blue Heron Land Company, LLC gb.QnO; . (54 i) 672-5046 Bt1wi11ess 1~l'zme: Hi-Lo Charters, LLC Mailing Address: $~~`~ Roa ,, Roseburg, Oregon 97470 -_ PI'evtotlS OWJ1Ci: Bryan R. Lowe (dba Hi-Lo Charters) aireetAddress: 1230 An;zlex• Drive, Kenai, Alaska 99611 (Where permit wiI1 be operated fiom..) LegalDesczipdo~.afPrbperty: LOT 1 BLOCK 2 ANGLERS ACRES SUBDIVISION ADDITION No. 1 BART Two, According to Plat No. 96_70, Kenai Recording District, State of Alaska S~enai Peninsula. Borough Parcel No..: 04939049 ~ify pf ~P.p$j, LOI~Iri~: Rural Residential ~ - - ~~#~#w*Sr*~~~~ X agree to operate tFze above Ilusiipe;;s as z~equiz~ed by Resoluflozt Nv..PZO1-1 I . If th.e operation of the business changes I agree fo ~ppi_y foz a nc<w Conditign~l T Ts0 pA ~~;±„ -.. =~ppliCsult; ~~,~~ ~ `` Ua.TO: November 16, 2006 ial t~1es`tbx•ook, Member Blue Heron Land Company, LLC NOV. 15.2006 3~43PM CITY OF KENAI N0.800 P.2i3 CITY OF KENAI PLANNING AND ZONING COMM{SSION R~SOLUTIDN NO. PZ07-17 CONDITIONAL USE PI=RMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT ro: NAME: Brian Lowe - Hj Lo Charters ..._..~ -- -----~--- USE Hotel -- Short-term Recreational Rentals ~._____.- LOCATED_1230 Analer Drive -Lot 1, Block 2 An4)ers Acres Subdivision, Part 2 {Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939049 _. -- WHEREAS, the Commission finds: 1, That an application meeting the requirements of Section 14.20.7 50 has been submitted and recEived on: -March 7. 2001 ,.~,~___.. 2, This request is on land zoned: 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. -aGZ a~f~~-uc h~~.. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission one March 28 2001 __ NOW, THEREFORE, BE 1T RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS pEMONSTRATED THAT THE PROPOSED HOTEL {SHORT-TERM RECREATIONAL. RENTALS) MEETS THE CONDITIONS REQUIRED FOES SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE AL7MINISTRATIVE OFFICIAL TO ISSUE TH1+ APPROPRIATE PERMIT. •~ PASSEp BY 'THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH z8 , 2U01. ~~ ~ GHAIRPERS N:1 ~'~w~s~~~~~ ~'_ ATTEST ~~ ~~t1~d~!~~~L~--- -- rI0V.15.2006 3~ 43PM CITY OF•" KENAI N0. f300 P.3i3 P201-11 Page 2 3,. Additional requirements; a. Develop water and sewer system as submitted with application to meet D.E.C. standards for the proposed use, b. Pzior to implementation of use, the structcues must be inspected by the City of Renai Fire Marshal and meet fire code requirements for proposed use. After initial inspection, as long as the use is active, stractures must be inspected every two years thereafter, c, If'food service is provided, must meet D.E.C. requirements for food service. ~G STAFF REPORT To: Planning St Zoning Commission Date: November 21, 2006 Res: PZ06-85 (PZ05-26) GENERAL INFORMATION Applicant: Hal Westbrook, Member 541-430-3522 Blue Heron Land Company, LLC 560 Curry Road Roseburg, Oregon 97470 Requested Action: Transfer of Conditional Use Permit -Hotel, Guide Service and Boat Parking Legal Description: Lot 6, Anglers Acres Subdivision Part 3 Street Address: 1105 Angler Drive KPB Parcel No.: 04939034 Existing Zoning: RR -Rural Residential Current Land Use: Recreational Land Use Plan: Rural Residential ANALYSIS Applicant has purchased this property and is applying to transfer Conditional Use Permit PZ05-26 for Hotel, Guide Service, and Boat Parking from Bryan R. Lowe, Hi-Lo Charters. As required by the KMC 14.20.158, a written request for transfer of the Conditional Use Permit has been submitted. The request for transfer states that the intent is to use the permit in accordance with the operations described in the current permit. Mr. Lowe was originally granted a permit to operate a guide service with boat parking from his residence in 1988. In 2005 this permit was amended to include Hotel. 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 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 0685 Comment (OS-26).doc in the original application.° Page 2 Based on the written request and plan to continue use as currently allowed under Conditional Use Permit PZ05-26, approval of the transfer should be granted. A copy of Resolution PZ05-26 is attached and the requirements for that permit will be noted as required for this permit. Recommend approval with the following requirements: 1. Structures were last inspected by the Fire Marshal on 6/5/05. All fire code requirements were met. Structures must be inspected every two years thereafter. 2. Must have current Alaska Business License. 3. Register for sales Tax with Kenai Peninsula Borough. ATTACHMENTS: 1. PZ06-85 (PZ05-26) 2. Request for Transfer 3. Resolution PZ05-26 :~,,~'~. , CITY OF KENAI ___ ,~~~, ~ PLANNING AND ZONING COMMISSION ~" RESOLUTION NO. PZ06-85 (PZ 05-26) ~"`~'~ TRANSFER OF CONDITIONAL USE PERMIT ~ ~ SKA HOTEL AND GUIDE SERVICE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR HOTEL, GUIDE SERVICE AND BOAT PARKING AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: BRYAN R. LOWE TO HAL WESTBROOK, MEMBER. OF BLUE HERON LAND COMPANY, LLC FOR THE PROPERTY KNOWN AS LOT 6, ANGLERS ACRES SUBDIVISION, PART 3, KENAI, ALASKA. WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 1988 for Guide Service with Boat Parking. 2. That in 2005, Mr. Lowe's permit was amended to include Hotel. 3. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 4. A request to transfer the permit was received on November 20, 2006. 5. That the transfer requires that the permit continue operation under conditions originally outlined. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR BRYAN R. LOWE DBA HI-LO CHARTERS FOR HOTEL, GUIDE SERVICE AND BOAT PARKING BE TRANSFERRED TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING DECEMBER 13, 2006. CHAIRPERSON ATTEST ~a®~ ~~ NO.: 036 P.. i i1. o~~~f~a ~' t~i~~ ~ ~'as~ ~i ~vi~~t a ~'c~tr~re ~~ .~ 210 Fidalgo Avenue, Kenai, Alaska 99611,7794 Telephone: 907-283-7535 !FAX: 907-•283-3014 ~~I) TRANSFER 0~' CONDITIONAL USE PERMIT nn Y~enai Il2unici~al Code 14.20:154 (i}(4) allows Canrlitianal Use Pcrxnits to tt~snsfex from one (11 owner to another for the same use and Location, but if thelre is a chance in the ttse on.thc pro~ert,~ new_permit tmust be obtaiu7ed. - -~ Date: November 16, 2006 Applicant's Name; Blue Heron Land Company, LLC Phone: (541) 672-5046 Business Name: Hi-Lo Charters, LLC MailingAddreSS: _ ~ (7 ~ rv Rg~d, Roseburg, Oregon 97470 -w- Previous OWt1Px: Bryan R. Lowe (dba Hi-Lo Charters) StreetAddreSS: .1105 AnQlex~ Dx•iye, Kenai, Alaska 99611 (Where pexcnit will be ogeiated from.:) - Lc;aiDescriptiono~PlOperty: LOT 6 ANGLERS ACRES STJBDIVISION, PART THREE According to Plat No. 78-168, Kenai Recording Distx•ict, State of Alaska ~:eI2Ai Peninsula 8arou„ li Parcel No.: 04939034 ~r - _._. City QPK~.Bri31 ZOnIrig: ~~l~gidential ~ ___~~- **A~~w~~~~~~~ PZ05-26 I agree to operate the above business aS regtuzed by I3.esolutton No.. P79.~;.,~.,,: If the operation of ttze business changes 7 agree to appl..~+ for anew Conditinn~l T._i~e Aer~,i~, .~~ ;`f Applicant: ~ ..~_ 1~:~te; November 16, 2006 __ -- Hal Westbrook, Number - Blue heron Land Company, LLC •SEP:18,2006 1.=46PM CITY OF KENA7 j ~~ u ~~ - '~ \\ ttie uty of // i~tilQl~ S~i61 ~p N0V.1S.2~6 3~43PM e';~-j` rbsr~yof KENAI, ALASKA U CITY OF KENAI CITY UP KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZQS-26 (PZ96.9) CONDITIONAL USE PF.RIVIIT N0.800 P.1~3 A RESOLUTION OF THI: PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT 70. TVAME:.B?'van Eo'q-'e dba Hi Lo Charters ~c Riverside Lod~e___~ - _ -- - USE Rotel, Guide. & Boat PaY'Icin~ ---®------ LOCATED 1105 An~ter Drive - I-ot 6 Aneler Acres Subdivision Part 3 ..^. (Street Address/Legal Description) ICEN.RII PENI~iStILA BOR0UGII PARCEL NO: 0939034 - w - .---- WwEREAS, the Commission ands: 1, That an application meeting the requirements of Section 14.24 150 has been submitted and received on: Apra 200..---- ---• 2, This request is on land zoned; RR-Rural LZ?sidential _-_ 3. That the applicant has demonsizated with plans and other docutx~ents that they can and will meet the following spec'c requir~nents and conditions in addition to existing requirements: a. Provide DEC certification for on-site septic system. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: Mav l I, 2005, S. Applicant must comply with all kcdcral, State, and local regulations, NOW, THEREFORL, BB IT 12,ESOLVED, BY THE PLANNING AND ZONING COMMISSION OF TFIE CITY OF KENAI THAT THE APPLICANT ~lS DEMONSTRATED THAT THE PROPOSED HOTEL, GUIDLIF & BOAT PARKING Ml;E7S THIE CONDCTIONS RRQtfII~D FOR SAID OPERATION AND THEREFORE T'HE COMMISSION DOES AUTHORIZE THE ADMII~IISTRA'I'IVL Oi:'FICIAL TO ISSUE THIr APPROPRIATE PERMIT'. PASSED I3'Y THE PI.1#NNIPIG ~.ND Z0N11,1G COIe'111'IISSI0N OF :fTIE CITY OF ]KENAI, ALASKA, Mav I I, 2005.. ~ ~/ CHAIRPERSON: _.._YATTEST: _ ,~w ,,~'~!~~'~~,..--_~..-...,_...,.. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 7 ~d Koch requested additional time for Administration to provide more information regarding the need for this service and the need for it being asole-source procurement to this individual. He stated it was not atime-sensitive issue. '~- MOTION TO POSTPONE: Council Member Ross MOVED to postpone Ordinance No. 2198-2006 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldrid a Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." E-5a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." MOTION: Council Member Moore MOVED for adoption of Substitute Ordinance No. 2200-2006 and Council Member Swarner SECONDED the motion. There were no public comments. City Attorney Graves summarized the following changes in the Substitute Ordinance: • Disposal of land through resolution changed to ordinance to be consistent with airport land code. • Added provision in General Fund land code dealing with acquiring and permitting rights-of--way and easements authorizing the City Manager to do that with Council authorization. Graves also stated other suggestions had been made to include in the General Fund land code and as it was not time-sensitive, he suggested postponing the ordinance until the December 20, 2006 Council meeting. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 8 It was suggested the Planning & Zoning Commission review the substitute ordinance prior to the December 20, 2006 council meeting. MOTION TO POSTPONE: Council Member Ross MOVED to postpone until the December 20, 2006 Council meeting . Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-6. Resolution No. 2006-61 -- Setting the Public Hearing Date on the Proposed McCollum-Aliak-Japonski Paving District. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2006-61 and Council Member Eldridge SECONDED the motion. There were no public comments. It was noted, more than 50% of the individuals affected stated they wished to be included in this LID. VOTE: *Student Representative DeMello: Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldrid a Yes MOTION UNANIMOUSLY PASSED. E-7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective November 21, 2006. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2006-62 and Council Member Ross SECONDED the motion. There were no public comments. Council comments included the following: • Council Member Moore disclosed his fmancial interest in the resolution, noting his eleven years of service as a councilman for the City of Kenai and that he was a participant in the PERS retirement program. If this resolution passes, he would be eliminated from accruing further credit toward retirement as a benefit of his Title 22 GENERAL FUND LANDS Chapters: 22.05 Disposition of City Lands SUBSTITUTE Ordinance 2200-2006 Attachment A Page 1 of 11 Title 22.05 DISPOSITION OF CITY GENERAL FUND LANDS Sections: 22.05.010 Power to dispose of real property. 22.05.015 Sale or disposal. 22.05.020 Qualifications of applicants or bidders. 22.05.025 Applications. 22.05.030 Filing Fee and deposit. 22.05.040 Processing urocedure. 22.05.045 Review. 22.05.050 Appraisal. 22.05.055 Terms of lease. 22.05.060 Annual minimum rent. 22.05.065 Bidding Procedure. 22.05.070 Principals and policy of lease rates. 22.05.075 Reimbursement for city-constructed improvements. 22.05.080 Lease Execution. 22.05.085 Lease Utilization. 22.05.090 Conveyance to encourage new enterprises. 22.05.095 Sale. 22.05.100 Sale procedure. 22.05.105 Terms for financing sale of city lands. 22.05.110 Determinations as to need for public use. 22.05.115 Property exchanges. 22.05.120 Property sales to adjacent owners. 22.05.125 Grant or devotion. 22.05.130 Use Permits 22.05.135 Acquisition of Real Property. 22.05.010 Power to dispose of real property. (a) The provisions of this Chapter apply to general fund real property. (b) The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise dispose of City-owned real property, including property acquired, held for, or devoted to a public use, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29 which home-rule municipalities are required to comply with. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. SUBSTITUTE Ordinance 2200-2006 Attachment A Page 2 of 11 22.05.015 Sale or disposal. The City may sell or dispose of real property by warranty or quit-claim deed, easement, lease, grant, permit, license, deed of trust, mortgage contract of sale of real property, plat dedication, tax deed, or any other lawful method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. 22.05.020 Qualifications of applicants or bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least eighteen (18) years of age or over; or (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City Manager a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only (1) one principal to the exclusion of himself. The term "agent" includes real estate brokers and agents. 22.05.025 Applications. (a) All applications for lease of lands shall be filed with the City Manager on forms provided by the City available at City Hall. Applications shall be dated on receipt and payment of filing fee and deposit. No application will be accepted by the City Manager unless it appears to the City Manager to be complete. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan, showing and stating: (1) The purpose of the proposed lease; (2) The use, value and nature of improvements to be constructed; (3) The type of construction; (4) The dates construction is estimated to commence and be completed (ordinarily a maximum of two (2) years); and (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease. 22.05.030 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall (1)pay anon-refundable filing fee in the amount of one hundred dollars ($100.00); and (2) make a deposit to show good faith and secure the City in payment of any costs in the following amounts: (i) an appraisal cost recovery deposit of two thousand dollars ($2,000.00); and (ii) an engineering, surveying and consulting cost recovery deposit of two thousand dollars ($2,000.00). (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will SUBSTITUTE Ordinance 2200-2006 Attachment A Page 3 of 11 apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. 22.05.035 Rights prior to leasing. The filing of an application for a lease shall give the applicant no right to lease or to the use of the land for which they have applied. The application shall expire within twelve (12) months after the application has been made if a lease has not been entered into between the City and the applicant by that time unless the City Council for good cause grants an extension. No extension maybe granted for a period longer than six (6) additional months. Lease rates are subject to change on the basis of an appraisal done every twelve (12) months on the property applied for. 22.05.040 Processing procedure. (a) Applications shall be forwarded to the Planning and Zoning Commission upon receipt. The Planning and Zoning Commission shall normally consider applications for specific lands on a first-come, first-served basis if the Commission finds that the application is complete and conforms to the comprehensive plan and the Kenai Zoning Code. Where there is difficulty in obtaining a perfected application, details as to development plans, etc., or where the applicant fails to comply with directions or requests of the Planning and Zoning Commission, any such priority will be lost. If an application for the purchase of City-owned lands, previously authorized for sale by the Council, is received by the City prior to the Kenai Planning and Zoning Commission making an affirmative or negative recommendation to the Council regarding the lease application for the same property, the City may elect to sell said property in accordance with the provisions of the Code. (b) The City Council shall normally consider a lease proposal only after approval of the Planning and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval may be made to the City Council. Completed lease applications must be presented to the City Council within thirty (30) days after approval by the Planning and Zoning Commission. (c) Where there are two (2) or more applications for the same lands for different uses, then if the Planning and Zoning Commission makes a finding that a subsequent application would result in use of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof, then the lease ~na~be_issued to such applicant notwithstanding the provisions of ___-___-- oeietea: ~~ -- -- - - - --- subparagraph (a) in this section which provide for leasing on a first-come, first-served basis. Any applicant may appeal to the City Council from a finding or a refusal to find by the Planning and Zoning Commission by filing an appeal with the City Clerk within seven (7) days after the finding is made or refused by the Planning and Zoning Commission. {d) The decision whether or not to lease land rests in the sole discretion of the City Council. SUBSTITUTE Ordinance 2200-2006 Attachment A Page 4 of I 1 22.05.045 Review. No leased land maybe changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Commission and approved by the Council. 22.05.050 Appraisal. No land shall be sold, leased, or a renewal of lease issued, unless the same has been appraised within a twelve (12) month period prior to the sale or date fixed for beginning of the term of the lease or renewal lease. No land shall be leased for less than the approved appraised annual rental. Appraisals shall reflect the number and value of City services rendered the land in question. 22.05.055 Terms of lease. All leases shall be approved by the City Council before the same shall become effective. The term of any given lease shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. 22.05.060 Annual minimum rental. (a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in KMC 22.05.070 below. (b) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special assessments and taxes as if he were the owner of said land. (c) Rent shall be paid annually in advance. Said payments shall be prorated to conform to the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds two hundred dollars ($200.00), then the lessee shall have the option of making payments on a monthly basis. (d) Lessee shall be responsible for all sales taxes applicable to its operations. 22.05.065 Bidding procedure. As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding application pending on the lot or lots. As designated, sealed bids shall be received offering aone-time premium in addition to the established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. 22.05.070 Principles and policy of lease rates. (a) A fair return to the General Fund is the policy of the City, unless deviation from that policy is in the best interest of the City as determined by the City Council. To ensure a fair return, all leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth anniversary of the lease and ever~five Years thereafter, and all lands for lease shall be appraised prior to lease and again prior to redetermination. Lease rates: (1) Shall be based on fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers, and other public SUBSTITUTE Ordinance 2200-2006 Attachment A Page 5 of 11 utilities) as determined by a qualified independent appraiser, considering the best use of the specified land; and, (2) Shall be eight percent (8 %) of fair market value. (b) For leases in existence prior to the effective date of this chapter, the lease rate redetermination shall be as provided in the lease. (c) The City Manager shall change the rent in a lease by giving the lessee written notice at least thirty (30) days in advance of the effective date of the change. (d) The "Fair Market Value" of the Premises shall be equal to the then-fair mazket rate for similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). City shall give notice to Lessee of City's estimation of the Fair Mazket Value not later than thirty (30) days prior to the expiration of the then-applicable five-year period, as evidenced and supported by the written opinion of an independent real estate appraiser certified under Alaska Statute 8.87, selected and paid for by the City, familiar with the Relevant Area (the "First Appraiser"). If Lessee disagrees with such estimate, it shall advise the City in writing thereof within thirty (30) days of Lessee's receipt of such estimate, as evidenced and supported by the written opinion of a real estate appraiser certified under Alaska Statute 8.87 (selected and paid for by Lessee) familiar with the Relevant Area (the "Second Appraiser"). The parties shall promptly meet to attempt to resolve their differences between the First Appraiser and the Second Appraiser concerning the Fair Mazket Value of the Premises. If City and Lessee cannot agree upon such value then, with all deliberate speed, they shall direct the First Appraiser and the Second Appraiser to expeditiously and mutually select a third real estate appraiser certified under Alaska Statute 8.87 (selected and paid for jointly by the parties) familiaz with the Relevant Area (the "T"hird Appraiser"). Within thirty (30) days after the Third Appraiser has been appointed, the Third Appraiser shall decide which of the two respective appraisals from the First Appraiser and the Second Appraiser most closely reflects the Fair Market Value of the Premises. The Fair Mazket Value of the Premises shall irrebuttably be presumed to be the value contained in such appraisal selected by the Third Appraiser, and the rental shall be redetermined based on such value. Notwithstanding anything to the contrary herein, rental shall continue to be paid at the then- applicable rate until any such new rental rate is established, and Lessee and City shall promptly pay or refund, as the case may be, any variance in the rental, without interest thereon accruing to the extent to paid/refunded in a timely fashion. 22.05.075 Reimbursement for city-constructed improvements. (a) The City Manager may include in a lease a requirement for the lessee to reimburse the City for the City's cost of (1) land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection with the premises, constructed by the City prior to the effective date of the lease; or (2) land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection with the premises, which the City agrees to construct as a condition of the lease, subject to City Council approval. (b) T'he Lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. If the lease is for less than ten (10) years, the repayment schedule may not be longer than the term of the lease. The Lessee may pay the entire remaining balance to the City at any time during the term of the lease. SUBSTITUTE Ordinance 2200-2006 Attachment A Page 6 of 11 22.05.080 Lease execution. The lease applicant shall execute and return the appropriate lease agreement with the City of Kenai within thirty (30) days of mailing the agreement to said applicant. The lease agreement shall be prepared in accordance with the requirements of this title. Failure to execute and return the lease agreement within the specified period shall result in the forfeiture of all leasing rights. 22.05.085 Lease utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the tease and in conformity with the ordinances of the City, and in substantial conformity with the Comprehensive Plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan for the land shall constitute grounds for cancellation. 22.05.090 Conveyance to encourage new enterprises. (a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new commercial or industrial enterprise would be beneficial to the City of Kenai, the City Council by ordinance so finding may direct conveyance of one or more parcels of City land by the City Manager to such enterprise upon such tenors as to price, conditions of conveyance, and with such contingencies as may be set forth in said ordinance. 22.05.095 Sale. (a) Lands, to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City Council has determined are not required for a public purpose, may be listed for sale by the City Manager, except that lands which have been leased shall not be sold unless the Lessee has made a written request to the City to place the land for sale. (b) Sales of land pursuant to subsection (a) above shall be made at not less than fair market value. The purchaser shall execute the "Agreement For Sale of Land" within one (1) year of the date of appraisal. The City Manager has the option to dispose of such properties in accordance with the sale procedures set out in this Title: (1) By negotiated sale; or (2) By outcry auction to the highest responsible bidder; or (3) By competitive sealed bids to the highest responsible bidder. In the event that the sale is not closed within six months of the date of appraisal, the buyer will be charged, upon closing, interest computed in accordance with the applicable provisions of the Kenai Municipal Code, based upon the total sales price for the number of days past the expiration of the six-month period. 22.05.100 Sale procedure. (a) The City Manager will obtain such an appraisal for a determination of the minimum price on said land. (b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or SUBSTITUTE Ordinance 2200-2006 Attachment A Page 7 of I 1 surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, (1) No actions in preparation for sale will be taken by the City until an agreement to purchase shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith deposit, which shall consist of cash or its equivalent deposited with the Finance Officer of the City of Kenai, as may be determined by the City Manager, to cover all expenses of the City and such agreement to purchase shall further contain the agreement by applicant to pay any additional costs if said good faith deposit is insufficient to pay all costs incurred by the City. (2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of sale procedures, and shall reimburse applicant for any good faith deposit advanced in excess of all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale, executes and files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant will be reimbursed for expenses charges which can be attributed to the subsequent applicant.) (3) If al] actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any other party purchases said land when first offered for sale after such request, then all expenses incurred in preparation for the sale will be paid from the good-faith deposit, and the balance, if any, shall be returned to the applicant. If the sums advanced as good faith deposit are insufficient to pay all of the costs, the applicant will be billed for the balance due and normal collection procedures followed. (4) If the land applied for is sold on public sale set in response to such request to anyone other than applicant, then on closing of said sale, the good-faith deposit will be refunded in total to the applicant. The City's expenses will be first deducted from the deposit of the successful bidder. (5) If the land in question is sold to applicant, the good-faith deposit advanced, after deducting the City's expenses, will be applied on the payment due at closing. (6) If the land in question is to be sold by sealed bid and the applicant has submitted a valid bid, but said applicant is not the high bidder, he may purchase the land by tendering the City a bid equal to the high bid within five days of the bid opening. If the land sale is initiated in accordance with KMC 22.05.040(a), the applicant shall be defined as that party submitting the initial lease application. (c) If the tract of land proposed to be sold is leased land, the lessee may request the sale of said land at not less than the fair market value. The current lessee obtains this right to request a sale only after, to the satisfaction of the City Manager, development has been completed as detailed in the development schedule which has been incorporated into the lease agreement. If there is no development schedule, the lessee may purchase the property if there have been substantial improvements as determined by the City Manager. The decision whether or not to sell the land to the lessee rests with the sold discretion of the City. (d) If the tract of land proposed to be sold is not leased land, or is leased land without substantial improvements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posted in at least three public SUBSTITUTE Ordinance 2200-2006 Attachment A Page 8 of 11 places within the City at least 30 days prior to the date of sale, and such other notice maybe given by such other means as may be considered advisable by the City Manager. Such notice must contain: (1) the legal description of the land, (2) a brief physical description of the land, (3) the area and general location of the land, (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms under which the land will be sold, (6) any limitations on the sale of said land, (7) the time and place set for the auction or bid opening, (8) the amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (9) any other matters concerning the sale of which the City Manager believes the public should be informed. (e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the City unless the terms and price therein are approved by resolution of the City Council. (f) Where a real estate agent furnishes a buyer for City land, the closing agent shall be authorized to pay said agent a real estate commission of five percent (5%) of the purchase price for the land or five percent (5%) of the appraised fair market value of the land, whichever is lower, under the following terms and conditions: (1) The City Manager shall provide anon-exclusive listing of lands available for sale. (2) No commission shall be paid to an agent where said agent is a party, or in privity with a party, to said sale. (g) Closing of sale of City lands shall be handled by a title or escrow company within the city which specializes in closing of real estate sales. (h) Conveyance of City lands shall be by quit claim or warranty deed famished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the City received title to the land. (i) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same. (j) If the tract or tracts of land are sold under terms by which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by an attorney, but must be approved by the City Attorney prior to closing. (k) Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City funds are deposited. The set-up fee to initiate collection may be negotiated as specified in KMC 22.05.100(1), and the buyer shall pay the annual collection fees for such bank collection. (1) '1-e City Manager is hereby authorized to negotiate a division_of the costs of sale listed in KMC 22.05.100(g)(h)(i)(j) and (k) to a maximum of fifty percent (50%) of the required costs _ Deleted: To suable the City to compete on an equal basis with private enterprise in lords disposal, the SUBSTITUTE Ordinance 2200-2006 Attachment A Page 9 of 11 being home by the City, provided however that no costs of sale will be paid by the City where a sale is negotiated at a price below appraised Fair Market Value. 22.05.105 Terms for financing sale of City lands. (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for said sales and may accept a note secured by a deed of trust for a portion of the purchase price thereof, subject to the following restrictions: (1) If the sale is to a lessee who has placed a lien for financing upon the land or improvements, then the City Manager is not authorized to sell the land except for total cash payment, provided, however, that the City Manager may accept a note secured by a deed of trust subordinate to the existing security interest if the amount of the note thereby secured is within the difference between the fair market value of the land with improvements, and the sum of all prior security interests. The sale documents shall be subject to the same restrictions contained in the lease as the lease provides at the time of sale. (2) Except for property sold by the City subsequent to foreclosure for delinquent taxes or assessments, prior to making a determination to accept a note and deed of trust from a prospective purchaser, the City Manager shall secure a preliminary commitment for title insurance and a review of the grantee index covering the party desiring to purchase the land from the title company in the local recording district, and no credit will be advanced on such sale if there are any delinquent liens or unpaid judgments found in the title company report until any such judgments or liens are paid and releases therefor have been filed. (3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall not be less than fifteen percent (15%) of the sales price. (4) The City Manager is not authorized to accept terms for the sale oftax-foreclosed lands unless the down payment to be received thereunder, or other sums appropriated for the purpose, are sufficient to make immediate payment to the Kenai Peninsula Borough and the former record owner of the sums which are, or may become, due to them pursuant to the provisions of AS 29. (b) If the City Manager determines that it is in the City's interest to sell City lands, the sale shall be either a cash transaction or by a note secured by a deed of trust, subject to paragraph (a) above, and by no other means. The note and deed of trust shall carry terms as follows: (1) The term of such note may be set by the City Manager, but is shall provide for monthly payments and not exceed twenty (20) years unless a longer period for a specific sale of land is approved by resolution of the City Council. (2) Such note shall bear interest at a rate to be determined by the City Council by resolution. 22.05.110 Determination as to need for public use. (a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (b) Whether land previously dedicated to a public use should be dedicated to a different public use or should no longer be needed for public use shall be determined by the City Council by ordinance which shall contain the new public use for which said property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and SUBSTITUTE Ordinance 2200-2006 Attachment A Page 10 of 1 l the address or a general description of the property sufficient to provide the public with notice of its location. 22.05.115 Property exchanges. The Council may approve, by ordinance, after public notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange. 22.05.120 Property sale to adjacent owners. The council may approve, by ordinance, after public notice and an opportunity for public hearing, the sale and conveyance of a parcel of City property at its appraised value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to practical use by any other party and, in addition thereto, where there is no foreseeable need of the land for any future use by the City. 22.05.125 Grant or devotion. The Council, by ordinance, may waive the provisions of this chapter and lease, grant or devote real property no longer needed by the City for public purpose to the United States, the State of Alaska, a local political subdivision of the State of Alaska, or any agency of any of these governments or a non-profit corporation, for a consideration agreed upon between the City and grantee without a public sale if the grant, devotion or lease is advantageous to the City. 22.05.130 Use permits. The council may authorize the city manager to grant permits for the temporary use of real property owned by the city for a period not to exceed five (5) years, without appraisal of the value of the property or public auction, for any purpose compatible with the zoning of the land, and on such terms and for such rentals as the council shall determine. 22.05.135 Acquisition of Real Property (a) The city, by authorization of the city council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof; (b) Because of the unique value of real property, the city need not acquire or lease real property by competitive bidding. (c) Rights-of--way and easements maybe accepted or issued by the City Manager after approval by the City Council for utility lines and services of all types and for necessary rights-of- way easements. SUBSTITUTE Ordinance 2200-2006 Attachment A Page 11 of 11 9a AGENDA KENAI CITY COUNCII. -REGULAR MEETING DECEMBER 6, 2006 7:00 P.M. KENAI CITY COUNCII. 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. Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Report. 2. Council Member Barry Eldridge -- Greetings from Buenos Aires, Argentina Council. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCIIS ITEM E: PUBLIC HEARINGS ~~1~~ 1. Ordinance No. 219&2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. (Clerk's Note: A motion to postpone Ordinance No. 2198-2006 to December 6, 2006 was passed at the Nouernber 21, 2006 council meeting. -The motion to adopt is active.) fl,~~~ 2. Ordinance No. 2201-2006 -- Increasing Estimated Revenues and /!~ Appropriations by $638 in the General Fund for a Grant From the Rasmuson Foundation Arts and Culture Programs. 3. Resolution No. 2006-66 -- Directing the Continuation of the Project ~~y~ ~~ Entitled "Angler Drive Assessment District" and Designating What Improvements Are to be Included in This Project. '.... 4. *Application for Liquor License -- Matson Winery & Supply/Winery ITEM F: NIINITTES '~`~~~~1. *Regular Meeting of November 21, 2006. '~'/~'~ ITEM G: UNFIIITISHED BUSINESS ITEM H: NEW BUSINESS ~~~„~~ 1. Bills to be Ratified /~~~~( 2. Approval of Purchase Orders Exceeding $15,000 ~~~ 3. Ordinance No. 2202-2006 -- Limiting the Use of the City of Kenai Boat ~ Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. N® ~--~ 4. Approval -- Vacate Cricket Drive, a 60-Foot Public Right-of--Way Dedicated by Baron Park Subdivision No. 5 (Plat KN 86-165); and Associated Public Utility Easements and the 20' Utility Easement Between Tract C and Lot 1; All Within Sectfon 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2006-032; Petitioner: Charles M. Kopp, Acting City Manager of Kenai, Alaska; Location: City of Kenai. 5. ~ Approval -- Assignment of Lease/Consent to Assignment -- From Corey, ~ Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin Investments, Inc. and Scott Rosin, Individually. ~P~'`G'~ 6. Approval -- Health Insurance Plan Amendments. ~~ss w~ 7. Discussion -- Combining Commission/Committees. i4~, 9~ iE~~r (Clerk's Note: ~l~.is item was postponed at the I 1 /21 /06 meeting to December 6, 2006.) r,~,fre~c rb r~~ ~ 8. Discussion -- Review/council Meeting Telephonic Participation ~~ ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Comm;ccion 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beauti$cation Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes] 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT qb KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p. m. December 11, 2006 Tentative Agenda n A. v161iamHtd,irsan B. Ridclewey Tern respires Zorn C. Blair A~rtin ~Y Beadr Term E~ires 2008 Todd P~etesen ~ ~n~ Tem E~ires 2007 I?ay Taurrairren Natrenest ea,ougr, Tem E~ires 2008 D. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. November 27, 2006 REGEIVE~D ~C ~ [u~~ PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) ~~~ P l tt Bd E. SUBDIVISION PLAT PUBLIC HEARINGS a e e caico- ~LDd~ ~ r 1. Illiamna View Subdivision Massie Replat seldo"a va Tem,t~,resaoos KPB 2006-332 [Integrity/Massie] Location: City of Kenai t3~ert,lahrson ~"~'~~0f Tenn~,res2ool~ 2. McFarland Subdivision Crosby Addition . KPB 2006-336 [Cooper/Crosby] Location: South of Sterling Highway on Midway Drive 3. Gibson's Acres KPB 2006-338 [Seabright/Gibson] Location: North of East End Road on Greer Road K-Bay APC 4. McMichael's Cove KPB 2006-339 [Seabright/Deloj Location: Seldovia area 5. Miller Homestead Subdivision Fagan Replat KPB 2006-340 [Malone/Stolz, Jonesj Location: East of Island Lake Road on Bastien and Dogbane Drive 6. Strawberry Fields Forever Addition No. 2 (name to change) KPB 2006-341 [Whitford/Verkuilenj Location: City of Kenai dP 7. Baron Park Subdivision No. 3 (name to change) KPB 2006-337 [Lounsbury/Stanley & Sons] Location: City of Kenai F. FINAL PLAT PUBLIC HEARING G.. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held January 8, 2007 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: planning a(~.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 December 11, 2006 - 7:30 P.M. Tentative Agenda Philip Bryson A. CALL TO ORDER Chairman Kenai City Term Expires 2007 B. ROLL CALL Paulette Bokenko- C. APPROVAL OF CONSENT AND REGULAR Carluccio PC Member City of Seld i 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 b b ov a Term Expires 2009 e approved by one motion. There will e no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the c Vacant onsent agenda and considered in its normal sequence on the regular agenda. Anchor Point/ Ninilchik Term Expires 2007 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 Ch wish to comment i . a rman of your Dr. Rick Foster PC Member * 1 • Time Extension Requests Homer City Term Expires 2007 a. Foothills Subdivision Sunset View Estates Addition No 2 Mari Anne Gross . KPB File 2006-004 [Imhoff/Sunset View Estates] PC Member LOCatIOn: City of Homer Southwest Borough Term Expires 2008 b. Kline Subdivision (Name to Change) Bonnie Heimbuch KPB File 2005-298 [Johnson/Klinej Pc Member Soldotna City Location: East of Sterling Highway in Anchor Point area Term Expires 2008 c. Kachemak Heights Schroer-Needham Addition No 2 Vacant . KPB File 2005-271 [Imhoff/Needham, Buzunis] PC Member Location: West of East End Road in Homer Seward City William Hutchinson *2. Plats Granted Administrative Approval R dg Nma~er *3. Plats Granted Final Approval (20.04.070) Term Expires 2007 James (sham *4• Plat Amendment Request st rl ng ber *5. Coastal Management Program Term Expires 2009 Brent Johnson a• Conclusive Consistency Determinations Received from DGC PC Member Kasilof/Clam Gulch b. Administrative Determinations Term Expires 2009 Blair Martin c. Current Reviews Vice Chairman Kalifornsky Beach *6. Commissioner Excused Absences Term Expires 2009 *7• Minutes a• November 27, 2006 Plat Committee Minutes b• November 27, 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.) Todd Petersen E. UNFINISHED BUSINESS PC Member East Peninsula F. PUBLIC HEARINGS Term Expires 2007 Ray Tauriainen 1. Name/rename existing streets in conjunction with the Enhanced 911 Street PC Member Naming and Addressing Project within the Kenai Peninsula Borough: Northwest Borough Term Expires 2008 ESNs 202, 401, 826, and 901 a. Catch Up Street within Matagorda Subd. (HM 77-57), Section 35, T4S, R15W, and within Bailey Park Two (HM 85-18), Section 34, T4S, R15W, S.M., AK; Location: off Browning Avenue and Ester Avenue, Anchor Point; ESN 401; Reason for change: duplicate name b. Stevens Street within Alpine Estates Subdivision (HM 75-41), Max J. Best Section 9, T5S, R12W, S.M., AK; Location: off Bald Mountain Planning Director Avenue, Homer area; ESN 202; Reason for change: duplicate name John Williams Borougn Mayor c. Taylor Avenue within Pease Subdivision (HM 75-53) and Waterman Spring (HM 2005-54), Section 1, T6S, R13W, S.M., AK; Location: off Pease Road, adjacent to Hanging Circle, Homer area; ESN 202; Reason for change: duplicate name d. South Trail Court within Glacierview Farm (HM 79-16), Section 7, T5S, R11W, S.M., AK; Location: off East End Road, Homer area; ESN 202; Reason for change: duplicate name e. Trail Drive within Glacierview Farm (HM 79-16), Section 7, T5S, R11W, S.M., AK; Location: off East End Road, Homer area; ESN: 202; Reason for change: duplicate name f. Trail Road within North Fork Acres No. Two (HM 74-485), North Fork Acres #4 (HM 82-68), and Nikolaevsk Junction (HM 92-44), Section 26, T4S, R14W, S. M., AK; Location: off North Fork Road, Anchor Point area; a different new name is needed for each side of the intersection; ESN 401; Reason for change: duplicate name g. Trapper Road within Alaska State Land Survey No. 80-155 (HM 81- 26), Sections 25 & 26, T3S, R11W, S.M., AK; Location: south of Caribou Lake, Homer area; ESNs 202 and 901; Reason for change; sound alike name h. Unnamed right-of-way within Perry-Veater Tracts (HM 89-31}, Section 8, T3S, R14W, S.M., AK; Location: south of Homestead Road, approximately Mile 144 Sterling Highway, Anchor Point area; ESN 401 i. Unnamed Section Line Easement shown as status on Mountain Brook Heights Subdivision Amended (SL 92-4), Sections 32 & 33, T8S, R14W; Section 5, T9S, R14W; and Section 6, T9S, R14W; Location: off Rocky Street, Seldovia area; ESN 826 j. Winsor Lane within Wilshire Acres Subdivision (HM 74-1200), Sunset Subdivision (HM 75-1 ), and Newell Park East (HM 97-21), Sections 22 & 27, T5S, R12W, S.M., AK; Location: east of Greer Road, Homer area; ESN 202; Reason for change: duplicate name 2 ESNs 302, 303, 451, 901 k• Acacia Street within Homewood Subdivision (KN 77-81), Section 17, T5N, R9W, S.M., AK; Location: south of Whisper Lake, Soldotna area; ESN 302; Reason for change: duplicate name ~• Archer Court within Bing's Landing Archer's Addition (KN 2002-95), Section 17, T5N, R8W, S.M., AK; Location: off Bing's Landing Road, Sterling area; ESN 302; Reason: formally name Archer Court m. Unnamed cul-de-sac within Bing's Landing Archer's Addition (KN 2002-95), Section 17, T5N, R8W, S.M., AK; Location: north of Archer Court, off Bing's Landing Road, Sterling area; ESN 302 n• Aurora Avenue within Resubdivision of Homestead Subdivision (KN 78-103), Cohoe King Subdivision (KN 85-139), and Winter Subdivision (KN 2002-52), Sections 25 & 35, T3N, R12W, S.M., AK; Location: off Cohoe Loop Road, Kasilof area; ESN 302; Reason for change: duplicate name o• Brody Street within Kinrod 1998 Addition (HM 99-8), Section 31, T1 S, R13W, S.M., AK; Location: north and west of Brody Road, Ninilchik area; ESN 901; Reason for change: duplicate name p. Brody Street within Brandywine Acres Subdivision of Lots 7 & 8 (HM 76-71), Brandywine Acres (HM 77-76), Ninilchik Airport Heights 1977 Addition (HM 78-125), Kinrod Addition (HM 81-18), Handler's Hill Subdivision (HM 84-45), Kinrod 1998 Addition (HM 99-8), Section 31, T1S, R13W; Sections 6 & 7, T2S, R13W; and Section 12, T2S, R14W, S.M., AK; Location: north of Oil Well Road, Ninilchik area; ESNs 451 and 901; Proposed to be corrected to Brody Road q• Brody Street within Handler's Hill Subdivision (HM 84-45), Ninilchik Airport Heights 2005 Addition (HM 2005-20), and Ninilchik Airport Heights 2005 Addition No. 2 (HM 2006-11), Section 7, T2S, R13W and Section 12, T2S, R14W, S.M., AK; Location: south of Oil Well Road, Ninilchik; Brody Street south and north of the Airport need different names; ESN 451; Reason for change: duplicate name r• Unnamed roads on Caribou Island within Caribou Island Subd. Amended (SW 37), Sections 23, 24, 25 & 26, T4N, R7W, S.M., AK; Location: on Caribou Island within Skilak Lake; Six dedications need to be named; ESN 303 s• Ciechanski Road within Murwood Estates (KN 78-88), Kalifonsky Chapel Subdivision (KN 78-205), KSRM Subdivision (KN 79-5), Section 22, T5N, R11W, S.M., AK; Location: west of Kalifornsky Beach Road, Soldotna area; ESN 302; Reason for change: duplicate name t• East Redoubt Avenue within Keystone Estates Subdivision Part Two (KN 76-50) and Hideaway Estates Subdivision (KN 77-169), Section 35, T5N, R10W, S.M., AK; Location: north of Keystone Drive, Soldotna area; ESN 302; Reason for change: duplicate name u• Reeder Avenue within Loon Subdivision No. 2 (KN 96-9), Section 23, T2N, R12W, S.M., AK; Location: off Botens Street, south of Encelewski Lake, Clam Gulch area; ESN 302; Reason for change: duplicate name v. Wells Street within Ninilchik Right-of-Way Map {HM 84-115), Section 15, T2S, R12W, S.M., AK; Location: south of Oil Well Road, Ninilchik; ESN 451; Reason for change: duplicate name w. Wiley Way within Reeder Lake Subd. (KN 83-49), Section 21, T2N, R12W, S.M., AK; Location: across the highway from Reeder Lake, Clam Gulch area; ESN 302; Reason for change: duplicate name x. unnamed private road north of Tote Road within a deed parcel, Section 22, T4N, R11 W, S.M., AK; Location: north of Tote Road, Soldotna area; ESN 302; Proposed to be named Jewell Wall Street y. unnamed private road north of Tote Road within a deed parcel, Section 22, T4N, R11 W, S.M., AK; Location: north of Tote Road, Soldotna area; ESN 302; Proposed to be named Shaklee Avenue G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 20-foot utility easement centered on the line common to Lot 8-A, Lot 8-B and Lot 8-C granted by Illiamna View Subdivision Resubdivision Lot 8, Blk 2 (Plat KN 78-115), within Section 7, Township 5 North, Range 10 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File 2006-335; Petitioners: Clifford A. and Lois L. Massie of Kenai, Alaska; Location: City of Kenai SPECIAL CONSIDERATIONS Tranquility Subdivision Lot 1 Thru 4 Bldg. Setback Exception KPB File 2006-327 Resolution No. 2006-63 Petitioners: Douglas A. and Sandra L. Stark Location: West of East End Road 2. Moose River Heights Subdivision Lot 2, Blk 1 Bldg. Setback Exception KPB File 2006-342 Resolution No. 2006-67 Petitioners: Georg and Judith Brendel, Sr. Location: Moose River Drive in Sterling J. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee will review 7 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS New Plat Committee -January, February, March 2007 - 5 Members / 2 Alternates M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS lk r P. .PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Floodsafe Pamphlet 2. Steep Slope Development FUTURE PLANNING COMMISSION MEETING PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held January 8, 2007 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory I Meeting Location ~ Date nmm:~e:.... Anchor Point Cooper Landing. Moose Pass lope /Sunrise Chamber of January 2, fierce January 16 January 10, 2007 Time 7:00 p.m. 7:00 p.m. Communi Hall January 3, 2007 7:00 p.m. Hope Social Hall January 4, 2007 7:00 m. The Kachemak Bay and Funny River p 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 infonnation 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: plannino(a~r borough kenai ak us web site: www.borouah kenai ak us/olanningdeot 5 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA ~" E Vt~llam I•Ildrn50n Term E~ires 2007 Blar iVFartin Tres ZOOS Todd t'~etesat ~ Perirsrla Tenn E~ires 2007 Ray Tauriairien IJatr,west 13orot~r Term E~ires ZOOS ALTEF2I~TES Parlette Bdcefico- Carluado CjtyarSeldouia Term mires 2009 Bent.lohrsan gamQldi/ Itasr7af TemrE.~irns2009 5:30 p.m. November 27, 2006 Tentative Agenda A. CALL TO ORDER B. ROLL CALL R~GE_ . _. n.,..a1 2~~~ ~.l , ~,a., _ ar otvr~IPdG ~~.t~AF1fi^~n~Nfi C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2: Member/Alternate Excused Absences 3. Minutes a. November 13, 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. Birch Grove Estates Revised Preliminary KPB 2006-271 [JohnsonNann] Location:. Off Miller Loop Road, Nikiski 2. Redoubt Terrace Bluff View Addition KPB 2006-324 [Integrity/Lofstedt] Location: City of Kenai 3. Soldotna East Moline Addition No. Two KPB 2006-325 [Whitford, Smithj Location: Off Isbell Street, east of Soldotna 4. Keystone Estates Subdivision Leadens Addition KPB 2006-326 [Segesser/Leadens, Waldrip Illj Location: North of Keystone Drive, Soldotna area 5. Seldovia Townsite East Addition 2006 Replat KPB 2006-329 [Seabright/Watsonj Location: City of Seldovia 6. Seldovia Island KPB 2006-330 [Seabright/Snug Harbor Resort LLC] Location: City of Seldovia 7. Canyon Trails Subdivision KPB 2006-332 [Seabright/Fowler Irrevocable Trust 1992] Location: City of-Homer 8. Sterling Meadows Subdivision KPB 2006-331 [Ability/Reutov] Location: Off Adkins Road in Sterling F. FINAL PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held December 11, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 ,., rax: Sur"'-~ ~~~--2371; e-mail address: planninp(c~borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningde~t KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 November 27, 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 Vacant 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 Vacant PC Member Seward City William Hutchinson PC Member Ridgeway Term Expires 2007 James Isham PC Member Sterling Term Expires 2009 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2009 Blair Martin Vice Chairman 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 kerns 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 a. Coal Creek Country Estates Subdivision Baxter Addition KPB File 2004-278 [PilchBaxter] Location: West of Old Kasilof Road in Kasilof b. River Park Estates Starr Addition KPB File 2002-048 [Swan/Hodges/Starr] Location: North of Funny River Road c. Murray Subdivision Martin Addition No 2 (Name changed from Leah Addition) KPB 2004-249 [Eastham/Martin] Location: South of Sterling Highway, west of Longmere Lake d. Mikylla Subdivision KPB File 2005-124 [Ability/Quality Services, Axel Ent.] Location: East of Sterling Highway in anchor Point e. Pacific Park No. 2 KPB File 2005-295 [Imhoff/Leisek, Long] Location: East of Sterling Highway, Anchor Point area *2. Plats Granted Administrative Approval '3. Plats Granted Final Approval (20.04.070) *4. Plat Amendment Request a. Bouman's Bluff KPB File 2006-186 [Seabright/Bouman] Location: City of Homer *5. Coastal Management Program Conclusive Consistency Determinations Received from DGC Administrative Determinations 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 c. Current Reviews *6. Commissioner Excused Absences `7. Minutes a. November 13, 2006 Plat Committee Minutes b. November 13, 2006 Planning Commission Minutes D. PUBLIC COMMENTlPRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1, Resolution 2006-64; A conditional land use permit application for material extraction in the Lower Summit Lake area. Owner: State of Alaska, Department of Natural Resources; Applicant: State of Alaska, Department of Transportation/Public Facilities; Location: KPB Tax Parcel tD#: 035-180-02; E1/2 E1/2, S20, W1/2 W1/2 S21, T07N, R01W, S.M., AK; Parcel: 800 acres; Existing material site: 14.5 acres; Approximate area to be excavated: 7 acres 2. Resolution 2006-65; Application to modify an existing conditional land use permit has been received for the Kalifornsky Beach Rd. area. Owner/Applicant: Marathon Oil Company; Location: NE1/4, T05N, R11W, S28, Seward Meridian, AK, Except Hardy Sub Tract 1; KPB Tax Parcel ID#: 055-060-98; 153.6 acres; Existing permitted extraction area: approx. 13 acres; Proposed additional extraction areas: approx 13.5 acres G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Resolution 2006-66; A Variance application pursuant to KPB 21.18 for the construction of two 16- by 26-foot cabins within 50-feet of the ordinary high water mark of the Kenai River.. Location: left bank of the Kenai River at River Mile 17, Lots 12 & 13, Block 9, Castaway Cove Sub Amended, Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D.: 055-254-42 & -43). H. VACATIONS NOT REQUIRING A PUBLIC HEARING I. SPECIAL CONSIDERATIONS J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee will review 8 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS 2 P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED City of Seward Planning Commission Minutes - September 12, 2006 - September 19, 2006 . - October 5, 2006 2. City of Kenai Planning & Zoning Commission Minutes -October 25, 2006 FUTURE PLANNING COMMISSION MEETING PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held December 11, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of December 5, 2006 7:00 p.m. Commerce December 19, 2006 Cooper Landing Cooper Landing Communi Hall December 13, 2006 7:00 p.m. Moose Pass Moose Pass Communi Hall January 3, 2007 7:00 p.m. Hope /Sunrise Hope Social Hall January 4, 2007 7:00 p.m. The Kachemak Bay 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. 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Q. ~ O Q'~ ~ w O C pb ~a ~•o o °.~ ~ Zvi ~'° ~ ..u, a°i~c°io°~a~i ~ ~'~ ai .~.~ ,,, ~ ~ ° ,n „ `~ °~ ` ,•._, ° •v ~ ~ 'v ' ~ ° -y ~' ~ a., • ~ " °' ~ ~ :~ ~ `~ ° "~ " ~ ~ ~ o BOO .n ~` •7Gr' ~ F. ~ O ~ w a+ .S:i bA O y (lY U ,~,~ ~ «+ Cr O C> V N ~+ > ' 3 ~' ~ o ~ ~ a°i °• o b ~ o°io a'~° a : ° >, ° 3 a~ o o ~ ~ ~ ~ ° ~ c ~ ~ cs o o Q yD y 0 C7 > O F G.. ~ N~ q `~ ° O V O O C O O~ C>' ~ ~ '"' ~~ C ~~ ° O x~ U +~ ~ U I ~ bA O 'b 4 O p+'~n •~ .v' ~ '~ ~ ~ ° O .. ~ ~ O 'b w ~ w m QC ~ ~ ~ ~ I ° o C7 U ~ ~ a o ~ ~ ~ c ~ ^ Y . Z ~ ~. ~ ~ .a ~ •~, •b ~ y ;~ ~' ~ ~ c o ~ o ~ 3 ~ o v ~ U o ~ •:. •~ g c ° Y ~ ° ~ O ~ ~ a >, >, Y' ~ ° ~ ou ~ ~ o ° ~ ~ ~ W o °' o °' ~ ~ .b v ~ ~ ~ ~ O v a~i ~ v, U ; '; ~ o. o. w ~ a'"i ~ y w ~ o Q ~ ~ °' Z o ~ Q ~° ~ o O n.'~ °' ao a ~° a :° °' ~ W ,; ° o o c ~ a"i c o o~ ° 4 4 `~ ~ c ~ UU Uv~3~ ~ ~•o ~ ~ ~.c A a~ as .r o•o «+•a ~ ~ U Q U~ ~•°'~ O V a~ C ^' cC V U ~ O 4+ a~ a~ ~ N V~ N N r-' ~ '~ " IaJ" y '~ ~ ^R" y 'O .14 C j, .+ '.~• I .'r ~ 'L7 w°. 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