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Home My WebLink About2007-02-28 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 28, 24p7 - 7:40 p.rn. 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. *February 14, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS; a. PZ07-10-An application for a Conditional Use Permit for a daycare facility for the property known as Lot 7, Block 2, Bush Lanes Subdivision (1228 Lilac Lane}, Kenai, Alaska. Application submitted by Tammy Christin dba Building Blocks-n- Buddies, 1228 Lilac Lane, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. KMC 12.20.030 Debris and junk prohibited. Discussion. S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 14. PERSONS PRESENT NOT SCHEDULED: 1 L INFORMATION ITEMS: a. Zoning Bulletin {Volume 1 & 211107) Agenda February 28, 2007 12. COMMISSION COMMENTS & QUESTIONS: Page 2 13. ADJOURNMENT: a~, CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 14, 2007 - 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. *January 24, 2007 3, SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ07-08 - An application to rezone multiple parcels in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential. The area is north and south of the Kenai Spur Highway and includes properties between Bridge Access Road and Upland Street and properties along Main Street Loop, North Willow Street and Airport Way. A map of the area is available at City Hall or on the City's web page at htt~://www.ci.kenai.al~.us. Application submitted by the City of Kenai's Planning and Zoning Commission. b. OLD BUSINESS: a. PZ07-05 -Preliminary plat for Williams Subdivision & ROW Easement Vacation (A resubdivision of Government Lot 941ocated within the SE 1/4 Section 34, T6N, Rl i W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. (Postponed from 1124/07.} 7. NEW BUSINESS: a. *PZ07-09 -Application far a home occupation permit for a daycare for the property known as Lot 7, Block 2 Bush Lanes Subdivision (1228 Lilac Lane), Kenai, Alaska. Application submitted by Tammy Christin, 1228 Lilac Lane, Kenai, Alaska. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. LandscapelSite Plan - Lowe's b. Zoning Bulletin {1/15107) c. Extraction of Natural Resources Annual Report d. 200b Code Enforcement Summary 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 14, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIRMAN JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Twait called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissianers present: T. Lewis, J. Jenckes, R. Fullinck, S. Ramain, R. Wells, J. Twait, P. Bryson Others present: Cauncil Member R. Rass, City Planner M. Kebschull, Contract Secretary B. Raper A quorum was present. 1-b. Agenda Approval Chairman Twait noted a correction to the agenda, Item 2-a, the date should be January 24, 2007. MOTION: Commissioner ~illinck MOVED to approve the agenda with the noted correction. Camrnissioner Lewis SECONDED the motion.. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Jenckes MOVED to approve the consent agenda and Camrnissioner Wells SECONDED the motion, There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 24, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZU7-O8 -- An application to rezone multiple parcels in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential. The area is north anal south of the Kenai Spur Highway and includes properties between Bridge Access Road and Upland Street and properties along Main Street Loop, North Willow Street and Airport Way. A map of the area is available at City Hall or on the City's web page at http: / /www.ci.kenai.ak.us. Application submitted by the City of Kenai's Planning and Zoning Commission. City Planner Kebschull noted the following: • The proposed rezone is a culmination of approximately two years of meetings for the Commission. • It is an application by the Commission to rezone a large area in the central downtown area to Central Mixed Use. • The zone was developed at the recommendation of the Commission after several work sessions and after reviewing the goals of the Comprehensive Plan. • The proposed rezone meets the criteria of the code for an amendment to the official zoning map. • fihe proposed rezone encompasses an area containing 329 parcels and approximately 241.47 acres. • Notices were sent to all property owners in the proposed area and there was minimal comment regarding the rezone; those who responded were comfortable with the change. • Staff recommended approval. Twait read the rules pertaining to public comment then opened the public hearing. John J. Williams, P.O. Box 459, Kenai, Alaska 99611 -- Williams Hated he owns property in the Old Town area asked if the new zone would allow the same use on his property, i.e., office space, small business and light retail? City Planner Kebschull indicated that it would not be affected. Williams also asked if the lot size would be a hindrance if one wanted to build in the future? Kebschull responded that if one wanted to build, the lot would be considered non-conforming but could be built on if the setbacks were met and a site plan provided. Kebschull added, if those items could not be met, the applicant could apply for a variance. It was clarified the fire safety requirements remained in place. Rita Srnagge, Kenaitze Yndian Tribe, Kenai, Alaska -- Ms. Smagge stated she was representing the Kenaitze Indian Tribe and indicated they had property in the Old Town area. It was determined the property was not affected by the rezone. The public comment portion of the meeting was closed. PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 2 i MOTION: Commissioner Romain MOVED to approve PZ07-08 and Commissioner Jenckes SECONDED the motion. VOTE: Lewis Yes Jenckes Yes Fullinck Yes Romain Yes Wells Yes Twait Yes Bryson Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS fi-a. P207-05 -Preliminary plat for Williams Subdivision & ROW Easement Vacation (A resubdivision of Government Lot 94 located within the SE 1/4 Section 34, TbN, R11W, S.M.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. (Postponed from 1 / 24 / 07.) Kebschull referred to the staff report included in the packet and noted the following: • This item was postponed from the January 24+h meeting at the request of the property owner. • Administration believed the plat was formalizing a vacation that was approved in 2005. The applicant's surveyor advised that was not the case and the vacation process was started again. • In 2005, the 33-foot right of way easement vacation was approved but the City required a 15-foot utility easement; the utility easement was being retained to support a future expansion of the City's water system; the water system was constructed on a grid system for future expansion; and, the system allows for an expansion from Highbush Lane to Baker Street in the area of the proposed vacation. • Since the vacation was again being initiated, the Commission's comments would be forwarded to the Borough who will approve or deny the vacation. If the request is approved by the Borough Planning Commission, the City Council would have thirty days to veto the decision. • Administration's recommendation to Council would be to deny the vacation if the 15-foot easement would not be dedicated. Chairman Twait opened the meeting for public comment. John J. Williams, P.O. Box 459, Kenai, Alaska -- Williams noted the following:: • He believed it would be too costly to install a water system in that area do to the contours of the land and the easement then unnecessary. • He requested the Commission review the issue from his perspective and withdraw the 15-foot utility easement requirement and then return the plat to the Borough for total vacation. PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 3 • The easement would not cause an economic issue, however the city had encroached on the easement. fihe public hearing portion of the meeting was closed. Commissioner Bryson explained he will be voting on this issue at the Borough level and therefore, would abstain frorxa. voting at the city level. Discussion following related to the request far vacation of the 15-foot utility easement with comments including: • Kebschull provided a photo which indicated the grid and haw the water line would be placed if there was ever a need. • Kebschull indicated this was an unusual situation as normally the vacation would go to the Borough first and if it approved, would then be forwarded to the City Council for consideration. • Williams agreed and noted he would discuss the process with his surveyor. AMENDMENT TO MAIN MOTION: Commissioner Lewis MOVED to amend the main motion by including staff recommendations that the plat must be corrected to show the 15-foot utility easement along the south property Line. Commissioner Jenckes SECONDED the motion. VOTE ON AMENDED MOTION: Lewis Yes Jenckes Yes Fuilinck Yes Romain Yes We11s Yes Twait Yes B son Abstain MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Lewis Yes Jenckes No ~xllinck Yes Romain No Wells No Twait Yes B san Abstain MOTION FAILED. ITEM 7: NEW BUSINESS 7-a. PZ07-09 -Application for a home occupation, permit for a daycare for the property known as Lot 7, Block 2 Bush Lanes Subdivision (1228 Lilac Lane), Kenai, Alaska. Application submitted by Taxnzny Christin, 1228 Lilac Lane, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 4 Approved by consent agenda. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -- Council Member Ross reviewed the action agenda of the February 7, 2007 City Council meeting. 10-b. Borough Planning -- Bryson provided a report based on actions taken at the Borough's February 12, 2007 Planning meeting. , 10-e. Administration -- City Planner Kebschull reported the fallowing: • Planning 8s Zoning training was being made available far Commissioners and requested anyone interested contact her. Commissioners Lewis and Fullinck advised they would attend and Commissioners Wells and Rornain stated they would contact Kebschull with their decision. • The home occupation approved by consent agenda will come before the Commission for a Conditional Use Permit at the next meeting. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- Norte ITEM 12: INFORMATION ITEMS 12-a, Landscape/Site Plan - Lowe's 12-b. Zoning Bulletin (1 / 15/07) 12-c. Extraction of Natural Resources Annual Report 12wd. 2006 Code Enforcement Summary ITEM 12: COMMISSION COMMENTS 8a QUESTIONS Commissioner Jenekes resigned his seat on the Commission, effective immediately. Commissioner We11s stated he discussed a junk ordinance with Mayor Porter and would like to have the email he received from staff provided to the Commission for their review. City Plannex Kebschull noted she would forward the email and documentation, however, the ordinance did not affect Title 14. She also explained, although the Commission has no authority outside of Title 14, Council could request through administration the Commission review and comment. Kebschull was requested to include the issue as a discussion item on the next meeting agenda. ITEM 13: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 5 MOTION: Commissioner Fullinck MOVED to adjourn and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:15 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 6 STAFF REPORT To: Planning & Zoning Commission Date: February 5, 2007 GENERAL INFORMATION Applicant: Tammy Christin Building Blocks-n-Buddies 1228 Lilac Lane Kenai, Alaska 99611 283-4386 Res: PZ07-10 Requested Action: Conditional Use Permit -Child Care Facility Legal Description: Lot 7, Block 2, Bush Lanes Subdivision Street Address: 1228 Lilac Lane KPB Parcel No.: 03902205 Existing Zoning: RS -Suburban Residential Current Land Use: Residential Land Use Plan: Neighborhood Commercial 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 conditians deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not Iimited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicant is applying for a Conditional Use Permit to expand her current daycare she operates as a Hame Occupation Permit (approved February 14, 2007) to allow her to care for twelve (12) children. Kenai Municipal Code 14.20.230 {Hame Occupations) limits the number of children in the home to eight {$} children under the age of 12 including the caregiver's children. The appIicatian provides description of the proposed activity with floor and parking plans. The parking plan indicates paved parking along the front of the residence for dropping off and picking up children. Ms. Christin has one employee. The applicant and employee's vehicles will be parked along the side of the house. Parking meets the code requirements for daycare. The applicant operated a daycare in Ketchikan for 4 years prior to moving to the area with no violations, and has been approved by the State of Alaska for a Group Home daycare license that allows her to care for 12 children under the age of 12 including their own. The City of Kenai Fire Marshal James Baisden inspected the home on January 27, 2007. Mr. Baisden verified the home was in compliance with all fire codes. Ta issue the permit, the Commission must determine the following: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The property is zoned RS -Suburban Residential. The intent of the zone is, "intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent is establishing this zone is: o To separate residential structures to an extent which will allow for adequate light, air, and privacy; o To prohibit uses which would: ^ Violate the residential character of the environment; ^ Generate heavy traffic in predominantly residential areas. " The use will not increase the density in the zone. The applicant intends to operate her daycare from 6.~OOam to b:00pm. Drop off and Pick-up times will vary throughout the day so traffic should be minimal. • The value of the adjoining property and neighborhood will not be significantly impaired. The value of the adjoining property and neighborhood should not 6e significantly impaired by the proposed use. • The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies this parcel as Neighborhood Commercial in the Land Use Plan. "The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small-scale neighborhood- serving retail, service, and office uses. " The proposed daycare facility will be limited and should not af,~ect the area. • Public services and facilities are adequate to serve the proposed use. Public services are sufficient to serve the propose use. • The proposed use will not be harmful to the public safety, health or welfare. The proposed use will not be harmful to the public safety, health or welfare of the area. ~ Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. The Commission may wish to consider requiring the fence to be in place by August 31, 2007. City Engineer: Nothing additional. Building Official: Inspection for verification of proper installation of egress windows was performed on January 29, 2007. RECOMMENDATIONS The applicant is an experienced daycare provider who operated a daycare in Ketchikan for 4 years with no violations. The existing home occupation allows eight children under the age of l2 including those related to the caregiver. Increasing the number of children to 12 should not adversely affect the neighboring properties. Recommend approval with following requirements: l . All vehicles must be parked on said property. 2. Play area must be fenced no later than August 31, 2007. 3. Applicant must stay in compliance with all Federal, State and local regulations. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ07-10 2. Application 3. Drawings Page 2 -~,~~~ ,~ CITY OF KENAI _:~_ _ s_~~~_.~"~ ~ PLANNING AND ZONING COMMISSION '~- RESOLUTION NO. PZ07-10 `EheclGyvf CONDITIONAL USE PERMIT 1C~~111~ SiLA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Tammy Christin dlb/a Building Blocks-n-Buddies USE: Child Care Facility LOCATED: 1228 Lilac Lane -Lot 7. Block 2, Bush Lanes Subdivision (Street AddresslLegal Description) KENAI PENINSULA BOROUGH PARCEL NO: 03902205 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: February 5, 2007 2. This request is on Iand zoned: RS -Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: • See Page Two 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20,280 on: February 28, 2007. 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 CHILD CARE FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 28, 2007. CHAIRPERSON: ATTEST: PZ07-10 Recommend approval with following requirements: 1. All vehicles must be parked on said property. 2. Play area must be fenced no later than August 31, 2007. 3. Applicant must stay in compliance with all Federal, State and local regulations. Page 2 "~i~~a e ~vit~ a Past Gi wit~t a ~lstGt~'e'~ . ~~~ .,~ ~: ~,;,_ the ai~j+ a~ /~ ~(ENA~, AlASK~A- .~ 210 Fidalga Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX; 907-283-3014 _ 1992 CONDITIONAL CTSE APPLICATION Applicant's Nasi3 Business Name: Mailing Address ~~~~ ~~~ ~ ~ -• - _ CIl•Y CI=I~ENAI Street Address: ('Where permit will be operated from.) :[.ye~al Description of Property: ~ ,~ • ~ ~CJc~ ~ - - -- Kenai Peninsula Borough Parcel No.; ~~~ ° ~~~~' ~~ City of Kenai Zoning: _ ~.~ -- Provide a detailed description of the proposed use. Tf fire space pravided is not sufficient, attach a sheet to the application. Date: ~ ~ ).. W -- -- The fol~owi~ 3nformatinn must be ~rovlded before yoar application will be considered for racessin . Do not submit our a lication anti! it contains all required information. {Cheek each box that applies and attach the necessary information to this application.) [~ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification b~y the owner of the property that 7 have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteratian~on the affected property. Plans must show, at a minimum, Che entrance, exit, and parking spaces an the property. {For bed & breakfast applications, zx~ust show areas to be rented.) f have paid the appropriate fee. 1 have reviewed. Kenai Municipal Code 14.20,15, Conditional Use Pernuts, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired The proposed use is in harmony with the Comprehensive Plan. [~ Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health ar welfare. Il certify that the i~~armation to the best of my knowledge: Applicant: Date: ~ ~'" '"J U ~. 1 _ . __ -- ~i 6' V 3p6P 4040 -~ ~ ~~~ ~~ ~. ~~ %~~ ~- .r_~ tiro ... i .__ V V V_ ~SJ ~,~ ~, ~ .P' ~ c ~ - - - N' t ~~'~;, ~~,. f u ~~ ~~jY ~~ ~= -~ ~ ~~ ~~ ~ ~~' ( I ~ ~: L.....~ n.J ~ lr~. s 4pd0 ~ ~. ~ ~ ~ ~' P r ~w\\\ g ~ ~ /Y ei `'~f~ ! J + , ±~ ~/ ib Q} .. :.. ~ m m .~ S ~ ._ ~ ~~ r ~f ~ ~~ ~ X D. Q ro ~/ ~~`~ s V ~ ap4p j G7 f6 g Q 1228 Lilac Lane ~riy~/'~ da~iol~U/~ r' ~~/fle~d 9D7p I ~' c~'i°~ ~~ ~ Y ~ .. Page 45 :~ 7 V~~ M1~ .• gy 1228 Lilac Lan~,~,,~~ r~uo~~ad~a~oid~ ,~ 1 ~ 4 v 0 V V E ~>( Q Q L {~ W+ Q F ~ ~ .~ 1 ~G~ ~ 6 Page 16 ~ SUBD, w LENNA AVF ~ °¢ J~~~ ~\~~~ o~~ G °~'~~a e wr`t~i a Past, Gi ,with a Fr~t~re'~ .~ _ ~ ,~-~,~~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~d Telephone: 907-283-75351 FAX: 907-283-3014 ~ ~ I I. -' - = ° ~ ~ - 1992 the.ti a ~f KENAI~ SNA ^ ^ TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: February 16, 2007 SUBJECT: KMC 12.20.030 Debris and junk prohibited. At the reguest of Commissioner Wells, I have scheduled this item for discussion. Attached is a copy of KMC '12.20.030, excerpt from the July 19, 2006 Council minutes, and Ordinance NO. 2174-2006 (no action taken). 12.20.030 Debris and junk prohibited. Page 1•of 1 Kenai Municipal Code Up Pre~iaus iNext Main Search Print No Frames Title 12 HEALTH AND SAFETY Chapter ].2,20 MISCELLANEOUS PRQVISIONS 12.20.030 Debris and_,~unk prohibited. (a} No owner, lessee, agent, tenant, or occupant shall allow or permit any debris, junk, or indiscriminate storage of machinery, equipment parts, lumber, other material, or any accumulation of garbage, manure, offals, rubbish; stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or offensive to be or remain upon his yard, lot, or premises, or upon any yard, lot, or premises owned or controlled by hirn. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: 1} for longer than one hundred twenty {120) days within the RU, R51, RS2, TSH, CC or GG zones; or 2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within; the C, RR, RS, IL, IH, R or ED zones. (c} Slash is defined as: branches and other residue left after the cutting of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." (KC 12-17; Ord. 1963-2002) httpa/www.gcode.us/codes/kenai/~icw.php?topic=l2-12_20-12_20_030&frames=on 02/15/2007 KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE $ and what would be a substantial difference in a subsequent application to allour re- filing before the nine-month period. VOTE: "`Student Represertati~re Krusen: Yes Massie Absent Rass Yes Molly Yes Bo Ie Yes Porter No Moore Yes Swarnex Yes MOTION FASSED. E~&. Oxdfnance No. 2174-2006 -- Aznendizxg I~IVIC 12.20,030 by Better Describing and Defining What Constitutes Prohi'bi#ed "Junk" and "Litter" Cinder the City Code. MOTION: Council Member Moore iVIOVED to adopt C3rdixzance No. 2174-2006. With the lack of a second, the motion died. No action vsras Taken, E-6. Resolution No. 2006-3$ -- Transferring $10,000 i-n. the General Fund to Purchase a Copier for file Police Department. MOTION: Council Member Ross MOVED for adoption of Resolution No, 2006-08. Cou.zacil Mezx~.ber Swarner SECONDED the motion and requested UNANIMOUS CONSENT. 'There were na public or council comments. VOTE: There were zoo objections. SO ORDERED. E-7. Resolutipn No. 20p6-3J -- Approving a Contract to QAl' for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007" fax the Total Amount of 4,977,920.00. 1VIQTION: IUo ~~on ~~. . ~,_.._, r Suggested by; C1fiY OF KENAI ORDINANCE 1~'O, 2174-2006 r'~~ t AN ORDINANCE OF THE COUNCIL dF THE CITY OF KENAI, AL KA, AMENDING KMC 12.20.030 BY BETTER DESCRIBING AND DEFINING WH CONSTITUTES PROHIBITED "JUNK" AND "LITTER" UNDER TI-IE CITY CDD WHEREAS, KMC 12.30.030(x} currently prohibits t-he kee ng of various kinds of debris and junk on property within the City of Kezxai; ~ , WHEREAS, the City Cade does not provide a precise efinition of what constitutes "junk" or "litter"; and, V+II-IEREAS, better ciefinitiores and descriptions a prohibited activity are needed in KMC X2.30.a3o; and, WHEREAS, it is in the best interest of the C;fty of Kenai to amend KMC 12.30.030. NOVJ, THEREFORE, BE IT ORDAINED $~' THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.20.030 is amesxd d as follows; 12.20.030 Iaeb~s and j~x:nk inhibited. (a} [NO OWNER, LESSE ,AGENT, TENANT, QR OCCUPANT SHALL ALLOW OR PERMIT ANY D BRIS, JUNK, OR INDISCRIMINATE STORAGE OF MACHINE , EQUIPMENT PARTS, LUMBER, OTHER MATERIAL, OR ANY AC UMULATION OF GARBAGE, MANURE, OFFALS, RUBBISH, STAGNANT ATER, OR ANY FILTHY LIQUID OR SUBSTANCE, OR AN THING THAT IS OR 1VIAY BECOME PUTRID OR OFFENSIVE TO BE R REMAIN UPON HIS YARD, LOT, OR PREMISES, OR UPON ANY YA D, LOT, OR PREMISES OWNED OR CONTROLLED BY HIM.) Theo er and- the Deco ant of an rivate ra ext in the cit shall at all time maintain the premises free from significant auth the (b} 1Vo owner, lessee, agent tenant or occupant shall allow or permit '~ sl 'h to be or remain upon any Iot: 1} for longer than one hundred -~~ twenty (120} days within the RU, RS 1, RS2, TSH, CC or CG zones; or 2J Ordinance N'o. 2174-2046 Page 2 of 3 for longer than one hundred twenty (120j days an Lots smaller th forty thousand 0.0,000) square feet within the C, I212, RS, IL, IH, R or D zones . (e) As used in this cha tex the followin words are deft ed in this section: "Junk" means an worn-out wrecked sera ed arti 1 or full dismantled or discarded tan ible material corabina 'on of materials or items that cannot without further alteration anal r onditi.onin be used f x heir on 'nal ur oses includin but not li ' ed to a fiances buildin material chemicals e ui xnant furni re machine metal ra s rubber a er lastics and wood. "Litter" means all irri ro erl discarded w to material includin but not limited to convenience food bevera e an other roduct acka es or containers constructed of steel alumi m lass a er lastic and other natural ands nthetic material hrown or de osited an the lands and waters within the boundaries the cit . "OCCII ant" means the erson in ossessiQn of the real ro ert on which the 'unk or lit er is located. "O eu ant" includes tenant and lessee. "Owner" means the owner of e real ro ert on which the 'unk ox litter is located or the a ent of owzaer. ~~ "Slash" is defined as: br ches and other residue left after the cutting of timber. Tree trunks tri need free of roots and branches or cut firewood stacked and separate from branches and other residue of tree cutting shall not constitute " lash." "Unsi htl remise "means ro ert includin but not linriited to buildin exterior maintained in such condition as to become so defective or unsi htl or ' such canditio~a of deterioration or disre air that the ro ert caus a reciable diminution of the ro ert values of surroundin ra ert or is matexiall detxirnental to raximal ra ernes and ixn rov ments is a ublic xruisance. Tk~is incl des but is not limited to the kee in or dis osin of or the scatterin .over the ro ext or remises of an lumber 'unk trash ar debris• abandoned discarded or unuse ob'ects ore ui ment such as autonnobiles furniture staves xefri a ators freezers cans ar containers• sta ant ~vatex or excavations• ar a device decoration deli fence structure ciotheslin.e or ve ation that is unsi htl b reason of its condition or its ina ro xi.ate la ation. PASS D BY THE COUNCIL OF THE CITY• OF KENAI, ALASKA, this l9c}, day of July, 200 , .• PAT PORTER, MAYOR ~- Ordix~.ance No. 2I.74~2006 Fage~ 3 of ~ ATTEST: Carol L, Fi my 5, 2006 .ly 19 ~ 2006 s~ l9, 2006 9a AGENDA KENAI CITY COUNCIL -- REGULAR MEETING FEBRUARY 21, 2007 7x00 P.M. KENAI CITY COUNCIL CHAMBERS http 1~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 (I O minutes) 1. Tim Robertson, NUKA Research -- Emergency Operations Plan Review 2. Rusty Belanger, Acting State Fire Marshall -- PRISM ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~~~ ~. 1. Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. .//~~ ~ 2. Ordinance No. 2213-2007 -- Increasing Estimated Revenues and /" Appropriations by $2,000 in the General Fund to Purchase a Dip Net. Pay Shack. ~~~P~ ~ ~~~ ~ 3. Ordinance No. 2214-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. ~~~~~ f~, 4. Resolution No, 2007-04 -- Transferring $20,000 In the Airport Fund to Repair Props at PRISM. ~~~ 5. Resolution No, 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. ~ ~~~~~~ ,r ,~:} ~d ~ ~,~ 6. /~~~ ~ ~. 7. Resolution Na. 200?-06 -- Approving the Lease Form for Leases of Airport Reserve Property. Resolution No. 2007-07 -- Accepting the Donation of a Foam Pumper From CanocoPhiliips Alaska, Inc. ~~ 8. Resolution No. 2007-OS -- Approving an Agreement Between the State of Alaska, Department of Transportation & Public Facilities, Department of Corrections, and the City of Kenai, Alaska, to Facilitate Construction of a Water Main to the Wildwood Correctional Complex, Project No. 50783 and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Kenai. ITEM F: T. ITEM G: ITEM H: ,~arv i. ~ ~ ~~ 2. ~~ 3. ~j~~~• 5. ~i~~u~c ~ ,~ 7. ~~' ITEM I: MINUTES "`Regular Meeting of February 7, 2007. UNFINISHED BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2215-2007 -- Increasfng Estimated Revenues and Appropriations by $1,212 in the General Fund for a Library Grant. Approval -- Mini-Grant Application Amendments. Approval -- Rental Agreement/Chevron North America Exploration and Production -- Alaska Regional Aircraft Fire Training Center. Discussion -- Vintage Pointe Senior Housing/Raise of Rental Rates Discussion -- Public Opinion Poll Discussion -- Expansion of Kenai Municipal Cemetery COMMISSION/COMMITTEE REPORTS l.. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Corrunission 5. Parks & Recreation Coirunission 6. Planning & Zoning Corrunission 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 Z . Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT !J .. - az~ ~ KENAI PENINSULA BOROUGH PLAT COMMITTEE ~_~; ,;~~ ASSEMBLY CHAMBERS ~ 66,"` ~::~ BOROUGH ADMINISTRATION BUILDING ~~~~ . ~ ~~~ ~:~° A . •eR ,~ ~ 144 NORTH BINKLEY STREET ~r ~~r ~~~1~;,~~~~~3~ SOLDOTNA, ALASKA ~, - ~;-~`~~;T~ 5:30 p.m. February 26, 2007 ;.., ~~ . Q ~ Tentative Agenda ~~~`~~~ A. CALL TO ORDER MEMBERS B, ROLL CALL Paulette Bokenko- carluccio PC Member C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Giiy of Seldovia Term Expires 2009 1 • Agenda Mari Anne Grass 2• Member/Alternate Excused Absences PC Member Southwest Borough Term Expires 2008 a. Paulette Bokenko-Carluccio, City of Seldovia William Hutchinson 3. Minutes PC Member Ridgeway Term Expires 2007 a. February 12, 2007 Brent Johnson D. PUBLIC COMMENT PC Member (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements Kasi~of/Clam Gulch are made.} Term Expires 2009 Ray Tauriainen E. SUBDIVISION PLAT PUBLIC HEARINGS PC Member Northwest Borough 1. Tice-Henriksen No. 2 Oracle Point Addition Term Expires 2008 KPB 2007-035 [ImhofflSayer] Location: City of Homer ALTERNATES 2. Cabin Cove No. 2 NIC KPB 2007-041 [Imhoff/Robl, Weatherly] Philip Bryson Location: North on Caribou Lake Kenai City Term Expires 2007 g. Cottonwood Hill Ave. & Joel St. ROW Dedication Plat Blair Martin KPB 2007-042 [ImhofflKPB] PC Member Location: West of East End Road in Homer Kalifornsky Beach K-Bay APC Term Expires 2009 4. Section Line Easement Vacation Plat Mattox Sub. Birch Terrace Replat KPB 2007-038 [Seabright/KPHII] Location: City of Hamer 5. Opengates Subdivision KPB 2007-039 [McLanelRobinson] Location: North of Sterling Hwy. off Robinson Loop Rd. 6. Sprucewood Glen Subdivision No. 9 KPB 2007-040 [McLanelCenter Investments Retail Service] Location: City of Kenai Brumlow Park Sub. Oneill Replat KPB 2007-043 [IntegritylOneill] Location: West on Kalifornsky Beach Rd off Liberty Ln. Phillips Estate KPB 2007-044 [Johnson/Phillips] Location: North of Oil Wel! Rd. in Ninilchik Patson Properties KPB 2007-045 [JohnsonlPatsan] Location: Off Funny River Rd. on Kenai River 10. Happy Valley Acres Downs Replat KPB 2007=048 [Johnson/Downs] Location: Wesf of Sterling Highway on Colleen Court Anchor Point APC 11. Mullen Subdivision KPB 2007-049 [JohnsanlMullen] Location: West of Sterling Highway in Anchor Point Anchor Point APC 12. Carpenter Subdivision KPB 2007-050 [JohnsonlCarpenter, Anderson] Location: Chinitna Bay 13. Bruce Subdivision No. Two KPB 2007-051 [VllhitfordlMiller] Location: North of Robinson Loop Rd in Sterling 14. Parker-Allred Subdivision KPB 2007-052 [BorderlinelParker, Allred] Location: East of Sterling Highway in Anchor Point K-Bay APC 15. Botens Subdivision Baldis Addition KPB 2007-053 [BorderlinelBeard] Location: North of North Fork Road in Anchor Point Anchor Paint APG 16. Julie Avenue Vacation KPB 2007-054 [BorderlinelKilcher, Biftner] Location: Wesf of East End Road in Homer K-Bay APC 17. Seclusion Flats Subdivision KPB 2007-055 [TinkerlCrawfard, Fimpel, Chircop] Location: On Border Lake in Clam Gulch F. FINAL PLAT PUBLIC HEARING Steelhead Heights formerly Tom Glark Sub. (Final Plat) KPt3 2006-086 [BorderlinelClark] Loca#ion: East of Old Sterling Hwy in Anchor point Anchor Point APC. G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMI=NT ;. NEXT REGULARLY SCHEDULED~MEETlNG The next regularly scheduled plat Committee meeting will be held March 12, 2007 in tho 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: lannin boron h.ker~ai.ak.us web site: www.borou h.kenai.ak.usl lannin de t ..-, .~° ,.P .:~ ~`'Y -~ ~ i':i - ~ k~ ~~ ~ _~~~ ~ "' a rt •~, .`t ~~,. ~ ~„ ~ ..v~: ~~ ~P' KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING 944 NORTH BINKLEY STREET ~SOLDOTNA, ALASKA 99669 February 26, 2007 - 7:30 P. M. Tentative Agenda Philip Bryson A. CALL TO ORDER Chairman Kenai City B. ROLL CALL Term Expires 2007 PauleUe Bokenko- C~ APPROVAL OF CONSENT AND REGULAR AGENDA Carluccio All items marked with an asterisk (*) are consent agenda items. Gonsent agenda items are considered PC Member routine and noncontroversial by the Planning Commission and will be approved by one motion. There will City of Seldovia be no separate discussion of consent agenda items uniess a Planning Commissioner so requests in which Term Expires 2009 case the item will be removed from the consent agenda and considered in its normal sequence on the rogular agenda. Alice Joanne Collins Anchor Point! If you wish to comment on a consent agenda -item or a regular agenda item other than a public hearing, Ninilchik please advise the recording secretary before the meeting begins, and she will inform the Chairman of your Term Expires 2007 wish to comment Dr. Rick Foster *9. ~ Time Extension Requests PC Member Homer City Term Expires 2007 a. Ba CfublMud Ba Y y 2006 KPB File 2006-075 [FreemanlAlred, Bay Club LLC] Mari Anne Gross Location: City of flamer PC Member Southwest Borough Term Expires 2008 b. Sangster Subdivision Hall Lake Addition KPB File 2005-260 [Whitford/Vllhitford] Bonnie Heimbuch Location: East of Longmere Lake PC Member Soldotna City Term Expires 2008 *2, Plats Granted Administrative A roval pp William Hutchinson '"3. Plats Granted Final Approval (20.04.070) PC Membor Ridgeway Term Expires 2007 *4. plat Amendment Re nest q James Isham a, Fourth of July Creek Sub. Seward Marine Industrial Center St rlin mbar g Polar Seafood Replat Term Expires 2009 KPB File 2006-972 lnte nt /Cit of Seward [ g y y ] Location: City of Seward Brent Johnson Kasi oflCbam Gulch *5. Coastal Management Program Term Expires 2009 a. Conclusive Consistency Determinations Received from DGC Blair Martin Vice Chairman Kalifornsky Beach b. Administrative Determinations Term Expires 2009 c. Current Reviews Todd Petersen E stNt'enbnsuia *6. Commissioner Excused Absences Term Expires 2007 a. Paulette Bokenko-Carluccio, City of Seldovia b. Joanne Collins, Anchor Point / Ninilchik *7. Minutes Thomas Smith PC Member City of Seward Term Expires 2008 Ray Tauriainen PC Member tVorihwest Borough Term Expires 2008 a. February 12, 2007 Plat Committee Minutes February 12, 2007 Planning Commission Minutes D. PUBLIC COMMENTIPRESENTATIONSICOMMISSIONERS {Items other ihan those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS PUBLIC HEARINGS Max J. ~esi Planning Director John Williams Borough Mayor Vacate a portion of the 14D-foot section line easement centered on the line common to Sections 28 and 29, adjacent to Tracts B, C, E & F; and vacate the 100-foot wide right-of-way .easement (Sandhill Crane Way); and vacate the 60-foot right-of-way and cul-de-sac easements centered between Tracts C and F (Whooping Crane Way); and vacate the 30-foot access easement along the east boundary of Tract D; and afl associated utility easements within Crane Ranch Subdivision (Fiat HM 2001-12); within Section 28 and 29, Township 4 South, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-328; Petitioner: Anne Crane of Anchorage, Alaska; Location: West of East End Road in Homer 2. Vacate a portion of FBO Road, a 5D-foot right-af-way dedication along the north and east boundary of Lot 1 Block 3 dedicated by General Aviation Apron Subdivision No. 1 (Plat KN 73-68, amended by KN 2D04-20); and all associated utility easements; within Section 32, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2007-027; Note: A 50-foot right-of-way will be dedicated and a 50-foot utility easement will be granted. Petitioner; City of Kenai;' Location: City of Kenai Vacate the 60-foot right-of-way Kasilaf Street dedicated by Soldotna Junction Subdivision No. 7 (Plat KN 84-129); and vacate a 30-fook portion of Kasilof Street; and the 60-foot right-of-way Farnsworth Avenue; and a portion of a 20-toot alley dedicated by Soldotna Junction Subdivision Fifth Addition (Plat K 15$1); and vacate the 35.2-foot' right-of-way and a portion of the 20-foot alley dedicated by Soldotna Junction Subdivision No. 4 (Plat KN 81-77); within Sections 28, 29 & 32, Township 5 North, Range 10 West, Seward Meridian, Alaska; within khe City of Soldotna and the Kenai Peninsula Borough. KPB File 2007-024. Note: A 20-foot waterlsewer utility easement will be granted. Petitioner: Dolly M. Farnsworth of Soldotna, Alaska, Location: City of Soldotna - 4. Ordinance 2007-04; An Ordinance authorizing the lease of land in the Cooper Landing area to Cooper Landing Emergency Services, Inc. at less than fair market value. (Postponed from February 12, 2007) 5. Ordinance 2007-49; An Ordinance authorizing aOne-Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and Richard D..Bass, William Herbert Hunt, and William Herbert Hunt Trust Estate, or Assignee. G. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21,18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING I. SPECIAL CONSIDERATIONS 1. Witman Estatos Sub Phase One Lot 3 Blk 2 Bldg, Setback Exception KPB File 2007-036 Resolution No. 2007-04 Petitioner: Marilyn G. Pipkin Loco#ion: On Peanuts Court in Soldotna 2. Plat Waiver Application: NNA! R.O.W.- MAP Lot 301 T2S R12W S14 KPB File 2007-037 KPB Resolution No. 2007-05 Applicant: Sophie June Prosser Location: Caribou Hills 3. Plat Waiver Application: NNAI R.O.W Map Lot 59 T1 S R12W S36 KPB File 2007-056 KPB Resolution No. 2007-07 Applicant: Daniel and Peggy Morris, Terry and Rhoda Larson & Jeff and Donna Heames Location: Caribou Nills J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee will review 17 preliminary plats and 1 final plat. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHERINEW BUSINESS 1. Ordinance 2007- ;amending Title 20 regarding road construction. - PC comments only. Public Hearing tentatively scheduled for March 26, 2007 M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMM]SSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. City of Kenai Planning & Zoning Commission Minutes -January 24, 2007 2. City of Seward Planning Commission Minutes - January 4, 2007 3. Decision on Appeal and Findtngs of the Board of Adjustment - Conditional Use Permit for Operation of a Material Site in the. Nikiski area -Kent Bangerter FUTURE PLANNING COMMISSION MEETING PLANNING COMMISSION MEETING Tho next regularly scheduled Planning Commission meeting will be held March 12, 2007 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, -{ Alaska a# 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of March 1, 2007 7:00 p.m. Commerce Cooper Landing Cooper Landing March 14, 2007 7:30 p.m. Communit Hall Hope 1 Sunrise Hope. Social Hall March 1, 2007 7:00 p.m. Moose Pass Moose Pass Communit HaH April 4, 2007 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this #ime. NOTE: Advisory planning commission meetings are subject to change. Please verity the meeting date, location, and timo with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission wehsite, which is linked to the Planning C7epartment wehsite. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 phone: toll free within the Borough 1-$00-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: plannincf@borough.kenai.ak.us web site: www.borough.kenai.ak.uslplanningdepf ~~0. January 2007 ~ Volume 1 ~ No. 9 in this issue: Application -Landowner claims reliance on commission staff statements ................... .....................,.... .Page 2 Conditional Use Permit -Landowner wants to expand mine .......................................................................... .Page 3 Due Process -Disgruntled property owner sues after losing nonconforming use status .................................... Page 4 Variance -- Board grants property owner variance to build home in excess of height ordinance ..........................Page 5 '~ Special Use -City appeals decision allowing ' business permits to sell alcoholic beverages .......................... Page S Ordinance ~--- County claims part of ordinance is nnere preamble .................................................................... Page 6 Appeal -Neighbor opposes variance due to pending adverse possession claim on property ..................................... Page 8 THONISON ~..~,., WEST 4055762$ Page Z Zoning Bulletin Application -Landowner claims reliance on commission staff statements Argues commission bound to follow them Citation: Gerlt a South Windsor Planning ~r Zoning Commission, Superior Court of Connecticut, No. CVD4400D638 (2006) CONNECTICUT {09107106) --~- Gerlt owned 1.95 acres located in an AA-30 Open Space Zone and part of a subdivision knov~rn as Ridgefield. In 1985, the South Windsor Planning & Zoning Commission adopted a new regulation regarding the creation of open space lots. The new regulation increased the square footage, minimum lo.t width, and open space area requirements. In 2004, Gerlt filed an application to subdivide her property into three open space lots. The commission denied the application, stating that her proposal did not comply with the requirements fox an open space subdivision. Gerlt sued the commission, arguing that it should have applied the open space regulation that was in effect prior to 1985, because she had relied on statements made by commission staff when she purchased the property that the commission had a policy of applying the old regulation to land such as hers. DECISION: Judgment for the commission. It was undisputed that various staff members had indicated to Gerlt that the pre-1985 regulation could probably be applied to her application, but such state- ments were not binding on the commission. Further, the grandfathering of prop- 610 Opperman drive • PO. Box 60.526 • St. Naul, MN 55164-0526 1.800-229-2084 • email: west.customerser~ice®thomson.com • west.thomson.comlquinlan ISSN 0514-7905 (print) • ©2007 ThomsonlWest Q 2007 Thomson/UUest. All Rights Reserved. Quinlan*"" is a Thomson/West brand. 7•HOM5rt7N ~' W ~S1E honing Bulletin Page 3 erty under the old regulation was contingent upon development of the property being underway at the time that the regulation changed. Far the commission to be held to the staff members' statements, there had to be "unjustifiable inducement" concerning Gerlt's purchase of the land; in other words, Gerlt had to prove that the statements by the commission staff deceptive- ly influenced her decision to purchase the property. Further, she had to establish that reliance of such a nature made the enforcement of the regulation "highly inequitable." Gerlt could not prove either. Finally, there was sufficient evidence in the record to show that the commis- sion's decision was not arbitrary or capricious. see also: Poirer v. Zoning ,Board of Appeals, 75 Conn.App. 289 (2003). Conditional Use Permit -Landowner wants to expand mine Applieation denied over ~iublic health concerns Citation: Hanson v. County of Carver.8oard of Commissioners, Court of Appeals of Minnesota, No. A05-2047 (2006) MINNESOTA (09/12106) -Hanson owned 205 acres of land in the San Fran- cisco Township of Carver County. A gravel mine had operated on the property since the 19SOs. 1 A conditional use permit (CUP) for mining was originally issued in 1981; in 1992, the county board of commissioners amended the CUP to permit the expan- sion of Che mine onto an additional 16 acres. In 1999, the board issued a sepa- rate CUP .fora 200-horse commercial stable that would attract up to 150 visitors on any given Saturday. Hanson submitted an application for expansion of the CUP to allow for the mining of an additional 128 acres. The application proposed continuing to mine the southeast corner of the property at existing levels and to open a new pit in the north central parC of the property on land used for horse boarding, trail rid- ing, hayrides, and hay cropping, The proposed new pit would be on land that acted as a buffer between a lo- cal neighborhood and the existing mining pit. After several hearings, the board voted to deny Che application. Hanson sued the board in court. DIBCISION: Judgment iu favor of the board. A CUP application could be denied only for reasons relating to the public health, safety, or welfare or incompatibility with a comprehensive zoning plan. On appeal, the grieving party had to show that there was not sufficient evidence in the record to establish a valid reason for denying the application. Here, substantial public testimony had been presented on disruptive noise from the mining activity, dust and noise generated by current traffic, the lack of turn lanes and Craffic controls on nearby intersections, and personal experience and knowledge of accidents and emergency calls that had occurred nearby. Most importantly, the focal point fox the proposed operation abutted the Carver Highlands residential neighborhood. Consequently, expanding the znin- p 20D7 ThomsontUVest. All Righ#s Reserved. Quinlanf"^ is a Thomson/West brand. Page 4 Zoning Bulletin ing area -which had the potential of generating up to 800 daily truck trips ---• would provide virtually no buffer from the existing residential land uses to the proposed industrial mining activities. Ultimately, the court found that the expanded mine would not be compatible with the residential land uses in the neighborhood, and it upheld the board's decision. see also: Picha a County of McLeod, 634 N. W.2d 739 (2001). Due Process -Disgruntled property owner sues after losing nonconforming use status Commissioner believed owner may have lied an application Citation: Hotly v. City of Ecorse, U.S. Dist. Court for the Eastern District of Michigan, Southern Division, No. OS-74238 (2006} MICHIGAN (09122106) -Sometime prior to 1982, Holly purchased a resi- dence in the city of Ecorse. In 1.982, the city zoning department enacted an ordinance that rendered Holly's use of his property nonconforming, because the back edge of the home was too close to an alley. In 199$, Holly sold the property to Fox on a land contract. Fox rented the property until November 2003. Unable to make payments, Fox forfeited the property back to Holly in 2004. The property remained vacant. Later that year, the city posted a notice on the property preventing anyone from occupying or repairing it pursuant to a zoning ordinance that regulated nonconforming uses. The ordinance ended a nonconforming use if it was dis- continued for six consecutive months or far a period of 18 months during any three-year period. Holly applied for a variance that would allow him to resume the nonconform- ing use of the property. The variance was granted conditionally, but it was later revoked when Holly failed to post the required bond and it was discovered that the applicable zoning code provisions were not met. In a letter to the zoning board about the matter, the board's commissioner stated that Holly might have lied about the length of time that the property was vacant to obtain the variance. Holly did not appeal the denial of the variance, but, instead, he sued the city for due process violations and the commissioner for libel. The commissioner and the city asked for judgment without a trial. DECISION: Request granted in part. Under governmental immunity, the commissioner was immune from a claim of libel. Holly did not offer any evidence that the commissioner was not acting within the scope of his authority when he informed the board that Holly had po- tentially lied about the status of the residence. The libel charge was dismissed. With regard to the due process claim, however, the court found in Holly's fa- vor. Although Michigan law authorized cities to enact ordinances that terminat- ed abandoned nonconforming uses, the ordinance had to contain a procedure to guarantee due process where an individual's property interest would be adversely affected by the termination. The city argued that it afforded Holly due process © 2007 Thomson/UUest. All Rights Reserved. Quinlan*M is a ThomsonlWest brand. ,' Zoning Bulletin Page 5 through the variance procedure, but that procedure did not satisfy constitutional due process requirements; it did not provide Holly an opportunity to object the deprivation of his property interest. Variance -Board grants property owner variance to build home in excess of height ordinance Neighbor argues board did not consider community imjbact o f such construction Citation; Margaritls v. Board of Appeals of the Incorporated Village of Flower Hill, Supreme Court of New York, Appellate Division, 2nd Department, No. 04.010134 (2006) NEW YORK (09/12/06} -Han was the owner of a large parcel of undevel- oped land located in the village of Flower Hill. The property was located on a steep slope and was part of a subdivisioia that had been approved in 1996. In 2003, Han applied for a variance to construct asingle-family borne an his property that exceeded the village's maximum height ]imitation. He also wanted to construct asix- to 12-foot retaining wall. A neighboring property owner, Margaritis, sued the board to annul the vari- ance. The trial court found that the board's decision to grant the variance was arbitrary anal capricious, and it was rescinded. Han appealed. DECISION: Affirmed. It was well established that zoning boards, when making a determination as to whether to grant a variance, had to balance the benefit to the applicant against any detriment to the health, safety, and welfare of the community. A zon- ing board's decision was generally upheld - as long as it was a rational decisian and not arbitrary or capricious. Here, the board failed to make any specific findings o{ fact or state any basis upon which it had reached its decision. There was no indication that the board considered any possible adverse effects of the construction of a six- to 12-foot re- taining wall, or whether or not Han's requirements could be satisfied by a meth- od other than the granting of a variance. Accordingly, the trial court's decision was affirmed. see also: Fox Run Woods ,81drs. Corp. v. Duncan, 673 N. Y.S.2d 740 (1998) see also: Matter o f Sasso v. Osgood, 657 N.E.2d 254 (199SJ. Special Use -City appeals decision allowing business permits to seal alcoholic beverages Argues enough businesses in the area sell liquor already Citation: Costco Wholesale Corporation v. City of Livonia, Court of Appeals of Michigan, No. 255990 (200bJ © 2007 ThomsonlWest. All Rights Reserved. QuinlanT"" is a ThomsonlWest brand. Page 6 Zoning Bulletin MICHIGAN (09114106) -Castco Wholesale Corporation. had two stores lo- cated in the city of Livonia. Both stores had specially designated merchant li- censes, which permitted the safe of beer and wine. Costco sought permission from the city to sail alcoholic beverages, other Chan beer and wine, with specially designated distributor (SDD) licenses. In order to obtain the SDD license, Costco was required to obtain a waiver from the city's planning commission. Costco filed an application for a waiver on both properties. The planning commission denied both applications, and Costco appealed the decision to the city council. The city council also denied Costco's applications. Costco then appealed to court, which found in Costco's favor. The city appealed. DBCISION: Reversed. A municipality had the right to regulate the placement of liquor licenses with- in its boundaries. The applicable ordinance required proposed SDD businesses to: 1) be located at least 1,000 feet from any existing SDD licensed establish- ment; 2} be at least 400 feet from any area schools or churches; 3) be accessible frotn a public way at least 120 feet in width; and 4) display and sell liquor from behind the counter with no direct public access. Costco and the city agreed that Costco met the first three requirements far the SDD license. Castco requested a waiver of the fourth, but the council denied it. The lower court had found that the council's decision to deny the 5DD was arbi- trary and laced a rational basis. However, when a court reviews and administrative body`s decision, it must af- firm the body's decision unless it was contrary to law, based on improper proce- dure, not supported by substantial evidence on the record, or an abuse of discre- tion. The lower court was also required to defer to the findings of the city council if the findings were supported on the record. Here, when the appeals court reviewed the record, it concluded that the lower court substituted its opinion for that of city council, The city council had made competent findings of fact that would support the decision to the limit the num- ber of SSD licenses in the area. The record also showed that the council stated that the community was already served by a sufficient number of SDD licensed establishments. The city council's decision should have been affirmed, because it was support- ed by substantial evidence. As such, the decision of the lower court was reversed. see also: Jeffrey Lauren Land Co. v. City of Livonia, 326 N. W.2d 604 (1982f. Ordinance -County claims part of ordinance is mere preamble Neighbors argue it is essential and binding Citation: Renkey v. County Board of Arlington County, Supreme Court of Virginia, I~lo. 052139 {2006) VIRGINIA {09/IS/06} --- The First Baptist Church of Clarendon (FBCC) owned property near a metrorail station that was designated "Semi-Public" in the Ar- lington County General Land Use Plan. One portion of the subject property 0 2007 ThomsonlWest. All Rights Reserved. QuinlanT"+ is a ThomsonlWest brand. Zoning Bulletin page 7 was zoned a General Commercial, or "C-3" district, while the remaining por- tion was zoned a One-Family, Restricted Two-Family Dwelling district, desig- nated as "R-5." F13CC wanted to develop a multistory building that would include a church sanctuary, church offices, and 116 residential units, 60 percent of which would be leased at affordable rental levels based on the of&cial area family median income. FBCC applied to have its property rezoned. The county board approved FBCC's rezoning application. Renkey, who lived nearby, claimed that the county had violated the zoning ordinance by approving the rezoning of a portion of the subject property from "R-5" to "C-R" without that portion first being zoned "C-3." The ordinance language Renkey pointed to appeared before the regulations set forth in the applicable ordinance. The county argued that the language, as well as the entire paragraph in which it appeared, was a general statement of in- tent, or a preamble, and was therefore not a binding part of the ordinance. Renkey sued, and the court ruled in favor of the county. Renkey appealed. DECISION: Reversed. The county violated the ordinance. The issue was whether certain language in the first paragraph of ordinance was part of a preamble or an operative component of the ordinance. That paragraph stated that: "The purpose of the `C-R' classification [was] to encourage medium density mixed use development; to recognize existing com- mercial rights; and to provide tapering o£ heights between higher density office development and lower density residential uses. The district [was] designed for use in the vicinity of the metrorail stations and, to be eligible for the classifeca- tion, asite shall be located within an area designated `medium density mixed use' and zoned `C-3."' The next paragraph provided that "[t]he following :regulations shall apply to all `C-R' Districts." The remainder listed various regulations fora "C-R" district, such as permitted uses and bulk regulations. Only the initial portion of that paragraph was akin to a preamble in that it stated the purpose of the "C-R" zoning classification and explained that the clas- sification "[was] designed for use in the vicinity of the metrorail stations." How- ever, the remainder of the first paragraph set out mandatory eligibility criteria for the "C-R" classification: "a site shall be located within an area designated `medium density mixed use' and zoned `G3."' In clear, unambiguous language, the ordinance required that a site first be zoned "C-3" before it could be rezoned "C-R," so it served an essential gate- keeping function in the application of the ordinance. see also: L~agle Harbor, LLC v. rsde of Wight County, 628 S.E,2d 298 (2006J. m 2007 ThomsonlWest. All Rights Reserved. QuinlanrM is a Thomson/West brand. Page 8 Zoning Bulletin Appeal ~-~- Neighbor opposes variance due to pending adverse possession claim on property Prolberly owner sought variance a fter subdivision created nanconfa~ning lot Citation: Romanik v. Torun o f Clocester zoning Board o f .Review, Superior Court o f .Rhode TsJand, Providence, No. OS-45012006 (2006) RHODE ISLAND (09115106) -Bonoyer was the owner of a 14.6-acre parcel of property in an A-4 zoning district in the town of Glocester. Bonoyer sought to subdivide her property into two Lots to allow her son to build a home far his family on the second lot. The subdivision plan sought to create Lot 2, which would encompass 7.1 acres and contain Iionoyer's home, and to create Lot 1, which would contain 7.5 acres, on which Bonoyer's son would construct a residence. Lot 2 satisfied all dimensional requirements for the district; however, Lot 1 failed to satisfy the 350-foot lot width requirement. Bonoyer filed an application for a dimensional variance to the zoning board of review At a hearing, Romanik, an abutting property owner, objected to the variance. Romanik stated that he was in the process of filing an adverse possession claim against Bonoyer for a SO-foot wide strip of land that ran the length of the prop- erty line between his property and Lot 1. Romanik contended that, if he was successful in his adverse possession claim, it would increase the amount of relief required from the width requirement from 9$.13 feet to 14$.13 feet. Nonetheless, the board voted unanimously to approve Bonoyer's variance request. Romanik appealed. DECISION: Remanded for further proceedings. When a court reviewed a zoning board's decision, it had to review the entire record and determine whether there was substantial evidence to support the de- cision. Courts have ruled consistently that a zoning board had to demonstrate findings of fact to support a challenged decision upon judicial review. To grant a request for a variance, a board had to find that: 1) the hardship from which the applicant sought relief was due to the unique characteristics o£ the subject property; 2) the hardship was not created by the applicant; 3) the granting of a variance would not alter the character of the surrounding area; and 4) the relief granted was the least relief necessary. Upon review of the record, the court concluded that the board made no actual findings of fact, bur merely recited a litany of conclusionary statements without relying on factual support. fn addition, the board made no findings regarding the statutory requirements for a dimensional variance. The court held that the board's findings were incomplete, and the decision was returned to the board for additional proceedings. ti ~ }'~dEto ~i~l~.i~~~~~in~r~~omm © 2007 ThomsonlWest. All Rights Reserved. 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