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HomeMy WebLinkAbout2007-07-25 Planning & Zoning PacketCOMMISSION CHAIR REPORT July 25, 2007 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA BY: ADD: 3a Jason Steen, Code Enforcement Officer, Administration City of Kenai _ Examples of Code Complaints (Debxis & Junk) 11e US Army Carps of Eo.gineers Administration Public Notice of Application for Permit City of Kenai Boat Launch r~' ,, ~~,~~ "US Army Corps of Engineers Alaska District Regulatory Division (1195) CEPOA-RD Kenai Field Office 805 Frontage Road Suite 2000 Kenai, Alaska 99611-7755 Public Notice of Application RECEIVED for Permit r------Y PUBLTC NOTICE DA'Z'E: July 18, 2007 EXPIRATION DATE: August 17, 200? REFERENCE NUMBER: POA-1983-221-5 WATERWAY: Kenai River Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United-States as described below and shown on the attached plan. APPi,ICANT: City of Kenai, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99fi11-7799. The applicant's paint of contact is Mr. Jack LaShot at phone (907} 283-8234. LOCATION: The City of Kenai's Public Boating Facility within the NE 1/9 NE 1/9 NW 1/4 Section 9, T. 5 N., R. 11 W., Seward Meridian; latitude 60.5499° N., longitude 151.2216° W. PURPOSE: Thd applicant's stated purpose is to remove the yearly accumulated silt and mud from four City of Kenai boat launch ramps as well as remove periodic accumulation during the summer months to allow for the use of the ramps and associated floating docks. PROPOSED WORK: Conduct maintenance dredging for a ten year period. The project involves dredging up to 3,000 cubic yards (cy} of silt and mud from a 35,000 square foot area each April and May and dredge up to 25 cy of silt and mud from four boat ramps as many as three times per month during the summer months. The work would occur each year for 10 years. Dredging would occur when the site is dewatered and all equipment would work from the ramps. ADDITIONAL TNFORMATION: The dredged material would be temporarily stored at an on- site upland location, and permanently disposed of at an off-site upland location. The types of equipment used for the dredging include backhoes, loaders and other equipment and dump trucks. MTTIGATION: The applicant has proposed the following mitigation measure to reduce impacts to the aquatic environment: a} Dredging would be done in a manner that would prevent the discharge of dredged material into the Kenai River. ~t z COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307 (c}(3} of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1956(c){3), requires the applicant to certify the described activity affecting land or water uses in the Coastal Zone `.~ complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Project Management and Permitting, Department of Natural Resources has concurred with-the applicant's certification. 'CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS} has been consulted for the presence or absence of historic properties, including. those lasted in or eligible fox inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. A single property, designated KEN--00217, was identified approximately 0.5 mile north. However, this property is outside of the project area. No further action is required. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Commander at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office {SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERE© SPECIES: The project area is not within the known or historic range of any listed threatened or endangered species, or any species currently proposed for listing. The project area is not in designated critical habitat for any threatened or endangered species, or any proposed critical habitat: Consequently, we have preliminarily determined that the described activity would not affect threatened or endangered species or, their designated critical habitat under the Endangered Species Act of 1973 {87 Stat. 844). This application is being coordinated with the U.S. Fish and wildlife Service and the National Marine Fisheries Service {NMFS). Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMF'S on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat {EFR). The project would occur in and adjacent to EFH for the following species: Pacific cod {Gadus macrocephalus), Sculpin (Cottidae ssp.), walleye pollock {Theragra calcogramma) {juvenile and adult), Chinook salmon {Oricorhynchus tshawytscha), coho salmon {Oncorhynchus kisutch), sockeye salmon (Oncorhynchus nerka), pink salmon (Oncorhynchus gorbuscha}, and chum salmon (Oncorhynchus keta). Preliminarily,-the described activity will not affect EFH in the project area. This Public Notice initiates EFH consultation with the NMFS. Any comments or recommendations they may have concerning EFH will be considered in our final assessment of the described work. TRIBAL CONSULTATION: The Alaska District fully supports tribal. self-governance and government-to-government relations between Federally recognized Tribes and the Federal government. Tribes with protected rights or resources that could be significantly affected by a proposed Federal action (e.g., a permit decision) have the right to consult with the Alaska District on a government-to-government basis. Views of each Tribe regarding protected rights and resources will be accorded due consideration in this process. This Public Notice serves as ratification to the Tribes within the area potentially affected by the proposed work and invites their participation in the E'ederal decision-making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Commander during the public comment period. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this 2 ~.~' application. Requests for public hearings shall state, with particularity, reasons for holding a public hearing. EVALUATION: The decision whether to .issue a permit will be based on an evaluation •of-the probable impacts including .cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. The outcome of the general balancing process would determine whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur. The decision should reflect the national concern for both protection and utilization of important resources. All factors,. which-may be relevant to the proposa]„ must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.. For activities involving 404 discharges, .a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 409(b}{1} guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria {see Sections 320.2 and 320.3}, a permit will be granted unless the District Commander determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps o~ Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine tYie overall public interest of the proposed activity. Comments .on the described work, with the reference number, should reach this office no latex than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Dave Casey at (947) 283- 3519, or by email at dive.c.casey@poa02.usace.army.mil if further information is desired concerning this notice. AUTHORITX: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States -- Section 10 Rivers and Harbors Act 1$99 (33 U.S.C. 403). Project drawings and a Notice of Application for Certification of Consistency with the Alaska Coastal Management Program are enclosed with this Public Notice.. District Commander U.S. Army, Corps of Engineers Enclosures i 98 _ ~ o~ap, i3t,~4 f~~r~p ~Z~ ~ " ~ ~~ i~ ~,~' . M.~ ...~ _... .. t r 4 t. t !.i :~ ..~ :: ;. f' j~ i SARAH PAI+IN, GOVERNOR STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MANAGEMENT AND PERMITTING OFFICE OF PROJECT MANAGEMENT AND PERMI'T'TING 550 WEST 7TH AVENUE, SUITE 705 ANCHORAGE, ALASKA 99501.3559 PHONE: {907} 269--7470/FAX: {907) 269-3983. NOTICE OF APPLICATION FOR CERTIk"ICATION OF CONSISTENCY WITH THE ALASKA GOASTAI, MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the Office of Project Management and Permitting fora consistency determination, as provided in Section 307{c){3} of the Coastal Zone Management Act of 1972, as amended [16 U.S.C. 1956(c}{3}], that the.pxoject described in the Corps.of Engineers Public Notice No. POA~1983-221-5, Kenai River, will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. This project is being reviewed for consistency with the Alaska Coastal Management Program. Witten cammen~s about the consistency of the project with the applicable RCMP statewide standards and district policies must be submitted to the Office of Project Management and Permitting {OPMP}. For information about this consistency review, contact OPMP at the address or phone number above, or visit the ACMP web site at http://www.alaskacoast.state.ak.us//Projects/projects.html. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 25, 2007 - 7:00 p.m. I. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences • Tony Lewis (Requested via email) 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. *July 11, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-38 -Preliminary Plat -Horseshoe End At River Bend Subdivision Addition No. 1 (A resubdivision of Tracts 2-A and 2-B Horseshoe End at River Bend Subd. KN 1709). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669. 5. PUBLIC HEARINGS: a. PZ07-3S - An application for a Conditional Use Permit for a Lodge for the property known as Lot 26, Anglers Acres Subdivision Part 1 (1505 Angler Drive), Kenai, Alaska. Application submitted by Paul D. Mansur, 3885 Lois Drive, Hood River, Oregon. b. PZ07-36 - An application for a Variance for Principal Structures for the property known as Tract B, Nicole Estates (5220 Strawberry Road), Kenai, Alaska. Application submitted by Abby L. Ala, P.O. Box 1863, Soldotna, Alaska. G. OLD BUSINESS: a. Notice to Reconsider - PZ07-28 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 12.20.030 be amended by better describing and def ning what constitutes prohibited storage of "Junk," "Garbage" and "Litter" under the City code. (Request to reconsider submitted by Commissioner Fullinck.} 7. NEW BUSINESS: a. *PZ07-37 -Application for a home occupation permit for a daycare for the property known as Lot 2, Block 10 Valhalla Heights Subdivision Part 1{320 Phillips Drive), Kenai, Alaska. Application submitted by Michelle Sparhawk, 320 Phillips Drive, Kenai, Alaska. Agenda July 25, 2007 S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Page 2 Work Session immediately following regular meeting: 1. Amendment to KMC 14.20.200 (Accessory Structures} to prohibit Convex-type structures in residential zones. 2, Amendment to KMC 9.1D.D10 to require dumpsters be screened on at least three sides. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 11, 2007 - 7:00 p.m. I.. CALL TO ORDER: a. Roll CaII b. Agenda Approval c. Consent Agenda d. *Excused Absences ~ Tony Lewis (Requested via email) as 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. *June 13, 2007 & June 27, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessozy Structures) be amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring duzn.psters to be screened on at least three sides. c. PZ07-26 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.125(a) be amended by deleting the requirement that conflicts between residential and business uses in the Central, Mixed Use zone will be resolved in favor of business. d. PZ07-27 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 for the Central Commercial zone (CC zone) be amended by Changing "Warehouses," "Cemeteries" and "Surface Extraction of Natural Resources" (i.e. Gravel Pits) from a "C" (Allowed by Conditional Use) to an "N" (Not Permitted and changing "Wholesale Business" from a "P" (Principal Permitted Use) to an "N" (Not Permitted) . e. PZ07-28 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 12.20.030 be amended by better describing and defining what constitutes prohibited storage of ".junk," "Garbage" and "litter" under the City code. f. PZ07-29 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to Council to amend the official Kenai. zoning map by rezoning approximately 180.92 acres in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Light Industrial and Suburban Residential and is generally located north ara.d south of the Kenai Spur Highway and includes properties between Bridge Access Road and Coral Street and properties along Main Street Loop, North Willow Street and Airport Way. g. PZ07-33 - An application for an encroachment permit for a side yard setback for the property known as Lot 16, Block 3, Sungate Park Subdivision (500 Robin Drive), Kenai, Alaska. Application submitted by Rebecca Matthews, 500 Robin Drive, Kenai, Alaska. h. PZ07-34 - An application for a variance permit for a side yard setback for the property known as Lot 16, Block 3, Sungate Park Subdivision (500 Robin Drive), Kenai, Alaska, Application submitted by Rebecca Matthews, 500 Robin Drive, 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. PZ07-32 -Landscape/Site Plan -Kenai Aspen Hotel - 10431 Kenai Spur Highway b. P207-31 -Landscape/Site Plan - KPCCC Group, Inc. - 320 South Spruce Street c. P&Z Resolution Report - 2na Quarter 2007 d. Building Permits - 2nd Quarter 2007 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 11, 2007 - 7:00 P.M. CHAIR, JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.rn. ]. -a. Roll Call Roll was confirmed as follows: Commissioners present: R. Fullinck, S. Romain, J. Twait, P. Bryson, R. Smagge Commissioners absent: R. Wells, T. Lewis Others present: Council Member R. Molloy, Nancy Carver, Administrative Assistant, M. Kebschull, Planner A quorum was present. !-b. Agenda Approval Chair Twait noted the following: ADD TO: Item 1-d. -- Roy Wells (requested via phone) Item 5-a. -- Letter and pictures from Ronald Dukowitz Item 9-a. -- City Council Report Item 9-b. -- Borough Planning Report Item I. ].-e, -- "Zoning Bulletin" (6/ 15/07) MOTION: Commissioner Fullinck MOVED to approve the agenda adding the lay dawn items provided prior to the start of the meeting and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda Commissioner Romain MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences Tony Lewis (Requested via email Roy Wells (added at start of meeting) Approved by consent agenda. 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. ITEM 2: APPROVAL OF MINUTES -- June 13, 2007 & June 27, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. City Planner Kebschull reviewed the staff report included in the packet and noted the letter received from Ronald Dukowitz. Chair Twait read the rules for public comment, and then opened the meeting for public commexa.t. Pat Porter, 310 Rogers Road -- Spoke in support of the resolution and noted that connex containers are too large for most city lots. John Mellish, 1132 Walnut -- Asked if this resolution would apply to the CMU zone. Kebschull stated it would not apply. Kristine Schmidt, 513 Ash Avenue -- Noted that while connex containers were better looking than "scattered trash," she would rather see a specific beautification plan versus the piecemeal efforts she has seen. There being no further comments, the public hearing was closed. Commission comments included the following: • Visibility issue, no development standards for connex use. • Wanted to address the issues in City Manager Koch's memo dated June 12, 2007. • Suggested a work session to look at issues. PLANNING 8v ZONING COMMISSION MEETING JULY 11, 2007 PAGE 2 MOTION: Commissioner Smagge MOVED to postpone PZ07-2d in order to hold a work session, and Commissioner Bryson SECONDED the motion. VOTE: Snn.a e YES Lewis ABSENT ~zllinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-b. PZ07-2S - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. Kebschull reviewed the staff report included in the packet, noting there would be one year to comply. Twait opened the meeting for public comment. Pat Porter, 310 Rogers Road -- Spoke in support of the resolution and shared a power point presentation of dumpsters within city limits Jahn Mellish, 1132 Walnut -- Spoke in opposition of the resolution, stating loss of parking space, possibility of not meeti~.g parking requirements, and overhead wires could pose a safety hazard. Kristine Schmidt, 513 Ash Avenue -- Spoke in opposition of the resolution, stating loss of parking, suggesting dumpster colors could blend in more, and "overflowing" dumpsters were not addressed There being no further cornrnen.ts, Twait closed the public hearing. Commission comments included: • Possibility of parking variances. • Trees or shrubs can be used in place of more permanent measures. • Concern aver loading and unloading of dumpsters. • Work session may be needed to address concerns. • Under Title 9, variances are not provided and should be considered for issues {i.e., parking and screeningJ. MOTION: PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 3 Commissioner Rornain MOVED to postpone PZ07-25 in order to hold a work session, and Commissioner F~.illinck SECONDED the motion. VOTE: Sma e YES Lewis ABSENT ~a,llinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-a. PZ07-2fi -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.125(a) be amended by deleting the requirement that conflicts between residential and business uses in the Central Mixed Use zone will be resolved in favor of business. Kebschull reviewed the staff report included in the packet. Twait opened the meeting far public comment. There being no comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ07-26 and Commissioner Rornain SECONDED the motion. VOTE: Sma e YES Lewis ABSENT Fullinck YES Rornain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-d. PZ07-27 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 1.4.22.01.0 for the Central Commercial zone (CC zone) be amended by Changing "Warehouses," "Cemeteries" and "Surface Extraction of Natural Resources" (i.e. Gravel Pits) from a "C" (Allowed by Conditional Use) to an "N" (Not Permitted and changing "Wholesale Business" from a "P" (Principal Permitted Use) to an "N" (Not Permitted). Kebschull reviewed the staff report included in the packet. Twait opened the meeting for public comment. There being no comments, the public hearing was closed. PLANNING 8v ZONING COMMISSION MEETING JULY 11, 2007 PAGE 4 MOTION: Commissioner Romain MOVED to approve PZ07-27 and Commissioner Fullinck SECONDED the motion. VOTE: Sma e YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-e. PZ07~28 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 12.20.030 be amended by better describing and defining what constitutes prohibited storage of "Junk," "Garbage" and "litter" under the City code. Kebschull reviewed the staff report, stating this resolution would give better definitions of junk, garbage and litter and would give the administration the tools to zxxake better judgments when complaints are filed. Twait opened the meeting to public comment. Kristine Schmidt, 513 Ash Arirenru~e -- Spoke in opposition of the resolution, stating issues should be enforced rather than made stricter. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ07-28 and Commissioner Bryson SECONDED the motion. Commission comments included: • The ordinance would help the enforcement officer do his/her job. • Problems need to be seen from the street and if an issue need arises requiring the Code Enforcement Officer to go onto property other than the front door, a search warrant would be needed to go onto private property. VOTE: Sma e NO Lewis ABSENT ~llinck NO Rarnain YES We11s ABSENT Twait YES B son NO PLANNING Ss ZONING COMMISSION MEETING JULY 11, 2007 PAGE 5 MOTION FAILED. 5-f. PZ07-29 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to Council to amend the official Kenai zoning map by rezoning approximately 180.92 acres in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Light Industrial and Suburban Residential arxd is generally located north and south of the Kenai Spur Highway and includes properties between Bridge Access Road and Coral Street and properties along Main Street Loop, North Willow Street anal Airport Way. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public comment. Kristine Schmidt, 5L3 Ash Avenue -- Thanked the Commission for its work on this resolution and stated support for the resolution as proposed. There being no further comments, the public hearing was closed. MOTION: Commissioner F~illinck MOVED to approve PZ07-29 and Commissioner Srnagge SECONDED the motion. VOTE: Sma e YES Lewis ABSENT H~.illinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-g. PZ07-33 - An application for an encroachment permit for a side yard setback for the property known as Lot 16, Block 3, Sungate Park Subdivision (500 Robin Drivel, Kenai, Alaska. Application submitted by Rebecca Matthews, 500 Robin Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet and recommended approval of the encroachment permit. Twait opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 6 Commissioner Romain MOVED to approve PZ07-33 and Commissioner Smagge SECONDED the motion. VOTE: Sma e YES Lewis ABSENT ~llinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedures. S-h. PZ07-34 - An application for a variance permit for a side yard setback far the property known as Lot 16, Block 3, Sungate Park Subdivision (500 Robin Drive), Kenai, Alaska. Application submitted by Rebecca Matthews, 500 Robin. Drive, Kenai, Alaska. Kebschull noted the variance would allow for an addition. into the side setback and recornmended approval of a nine-foot encroachment vs. an eight-foot encroachment. Twait opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ07-34with staff recommendation. of a nine-foot vs. an eight-foot encroachment and Commissioner Bryson SECONDED the motion. Commissioner Bryson stated he agreed with Kebschull's explanation relating to the right-of--way allowing for sufficient setbacks. VOTE; Sma e YES Lewis ABSENT F~1linck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedures. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None PLANNING & ZONING COMMISSION MEETING JULY 1 i, 2007 PAGE 7 ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Molloy noted items from the Council Action Agenda. 9-b. Boarough Planning T- No report. 9-c. Administration -- Kebschull noted the site plans included for the Aspen Hotel and the Kenai Peninsula Community Care Center. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. PZ07-32 -Landscape/Site Plan -- Kenai Aspen Hotel -- 10431 Kenai Spur Highway 11-b. PZ07-31 -Landscape/Site Plan - KPCCC Group, Inc. -- 320 South Spruce Street 11-c. P&Z Resolution Report - 2nd Quarter 2007 11-d. Building Permits - 2nd Quarter 2007 ITEM 12 : COMMISSION COMMENTS & QUESTIONS Commissioner Bryson noted a concern that KMC 12.20.030 could be enforced if a violation was not seen from the right-off way. ITEM 13: ADJOURNMENT MOTION: Commissioner Smagge MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Comxnission, the meeting was adjourned at approximately 8:22 p.m. Minutes prepared by: Corene Hall, Deputy City Clerk PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 8 STAFF REPORT To: Planning & Zoning Commission Date: July 1.6, 2007 ~'IA Res: PZ07-38 GENERAL INFORMATION Applicant: McLane Consulting, Inc. 283-4218 P.O. Box 468 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat -Horseshoe End At River Bend Subdivision Addition No, 1 Legal Description: Horseshoe End At River Bend Subdivision Addition Na. 1 {A resubdivision of Tracts 2-A and 2-B Horseshoe End at River Bend Subd. KN 1709} Street Address: 2624 Beaver Loop Road KPB Parcel No.: 04912022 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: Rural Residential ANALYSIS Plat removes a lot line between two tracts of land to create one tract of land. The resulting lot meets the requirements for the Rural Residential zone. This is a developed parcel with on-site water and sewer. Property is accessed from Beaver Loop Road. The Rural Residential zone requires a 15-foot side setback. According to the City's records, the home on this parcel was built in 1972: Based on aerial photography the house may encroach into the side setback. The subdivision recorded in 1970 shows this structure crosses the lot line they are now removing and using a scale, the house sits approximately 15-feet from the new side lot line. The plat should verify there are no encroachments. If there is an encroachment, this structure is considered non-conforming under KMC 14.20.OS0 and can continue but may not be enlarged without first obtaining an encroachment permit from the Planning and Zoning Commission. City En tg•neer: This plat eliminates several problems. 0738 Comment.doc Building Official^ No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS 1. Resolution No. PZ07-3$ 2. Preliminary Plat Page 2 ' ' ~'~_ . CITY OF KENAI __~- _2,,,~. ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-3$ t~tetityo~ SUBDIVISION PLAT xEH,a sxn ~ 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 Horseshoe End At River Bend Subdivision Addition No. 1 A resubdivision of Tracts 2-A and 2-B Horseshoe End at River Bend Subd. KN 1709 was referred to the City of Kenai Planning and Zoning Commission on July 16,,.,_2.007, and received from McLane Consulting. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not 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. S, Status of surrounding land is shown. 5. 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. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES HORSESHOE END AT RIVER BEND SUBDIVISION ADDITION NO,_ 1.(A RESUBDNISION OF TRACTS 2-A AND 2-B HORSESHOE END AT RN'ER BEND SUBD.._K__ N i 709) SUBJECT TO ANY NEGATNE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 25.2007. 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',- ~r s~ ~,, TRACT 2 b, B,6iz °'` ~ "' ;'!t aZ p ~ : ~ •~ ~ filj,,~ ~jy ~ o ~ ~ 0 `~ ~ m I ° ~ U ` `: SQ 4: nl E ' ~, ~ , l N. 'o P~ N ~~~ ~, ~ Q Q ~,4 o ~~'v;10 i5 ~ 0.{1 K ~ ~- m ~ a ~ ~ w ~o~ ~ ~ ~ ~ ~°~ ~ ~ W ~ ~ m Q• 4} ~~ J' i s b I 0 2 ` ~ os ~z I ~ 'p NO°03' 1/V ^- 332. ld.: ~~y%r/- ~, `1;: h ~~ ~.. `7v ~'d~' . } . N q_ _ Q ~ ~ . F ~ ~ p ~ . . d:r z~a o ~ e_ a ~ tl ` r ~,: z us a~ .a v r z r. ~o z ~ ~ j a> o c~YOwr ezw.t~ a a a ~ , ~ ~ h ~ m dv oo3asx i ' w t u ~ ~N.z w r a .. o. w o. n o `q._ v a~ a o r n x x~ w r r U :~ o ~ Q ~ • ~ .a rM .~k ~ ~ W W ~ ~ ~ (%? ~ - w W - ~Wr a U ~ ., ~ - ~ e ~ ~ e a z t~ ~. : ~ r..~ ~. x ~ Z Gf..t i ~ ~ ~ x ~ C1 w' fn ~cn Wo zo ~ rres T ~' w' x Q I ~` ' - f ,z L • ,.i lf1 rn ~ trti a- ~ i~~ ne- n .C ~~ 1. STAFF REPORT To: Planning & Zoning Commission Date: 06/11/07 Res: PZ07-35 (PZ00-22) GENERAL INFORMATION Applicant: Paul D. Mansur 541-386-6838 3885 Lois Drive Hood River, OR 97031 Requested Action: Legal Description: Street Address: KPB Rarcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Lodge & Guide Service Lot 26, Anglers Acres Subdivision ~ Part 1 1505 Angler Drive 04939008 RR-Rural Residential Low Density ResidentiallRecreation Rural Residential General Information: In August 1989 Willis J. Thayer was granted a Conditional Use Permit to operate a Bed and Breakfast and Guide Service from the above-referenced property. In June 2000, Mr. Mansur purchased the property and requested a transfer of the permit. The request to transfer the permit noted the intent was to operate the B&BlGuide Service the same as Mr. Thayer. On June 2$, 2000, the Commission granted the transfer. It recently came to the City's attention that the business was operated as a B&BlGuide Service only for the first year after the transfer. Since then, Mr. Mansur and his partners have rented the property as a weekly vacation rental. Certificate of Compliance reports submitted yearly confirmed the property has been operating as a vacation rental since 2001. Because the Bed and Breakfast has not been operated since 2001, the permit is expired. Kenai Municipal Code 14.250.150{i){3) states: "A conditional use permit shall automatically expire if for any reason fhe conditional use ceases for a period of one (1J year or longer. " PZ07-35 Page 2 Comments The applicant submitted the yearly reports as required and noted the change of use, but did not apply to amend the permit. Since the Bed and Breakfast Permit has expired, the applicant cannot amend the permit and must apply for a new Conditional Use Permit to operate the recreational rental. According to the City's zoning, the use would be considered a Lodge. "Lodge - means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-#o-way basis with or without meals." The applicant states the boats located on the property are for the partners only not the renters. However, renters hire guides to pick them up at the dock. Since guides are picking up clients at this location, the guiding permit is considered active. There is no on-site management for the property. The owners have contracted with Melissa Brown of Hi-Lo Charters who oversees the property and is available should renters have any problems, questions, or need assistance. Mr. Mansur believes the change of use has less of an impact on the surrounding neighbors than the original Bed and Breakfast permit. During discussions with Mr. Mansur, it was explained that Bed and Breakfast are traditionally less of an impact on neighborhoods because the residence is owner occupied and the square footage of the amount of the residence that can be used in the business is limited. The applicant states in the application that, "at some point in the future we may want to re#urn to a B&B/Charter service." The applicant has been advised that if this permit were approved, future modification would require an application to amend the permit and a public hearing. Verification has been obtained that the applicant has always been in compliance with State of Alaska business license requirements and Kenai Peninsula Borough sales tax reporting. The property has been out of compliance for the City's requirements for fire inspections since September 9, 2004. City Engineer: Nothing additional. Building Official:, No additional comments. RECOMMENDATIONS This property has been used for commerciallrecreational activities since 1989. In 2000, the applicant purchased the property and transferred the Conditional Use Permit. As PZ07-35 Canunents Page 3 required by code, the permit was transferred under the same requirements as originally issued. In 2001, the applicant changed the use from a Bed and Breakfast to a Lodge without amending the Conditional Use Permit. The property is located in the Angler Acres subdivision. This area accommodates multiple commercial businesses related to the fishingltourism industry. There are currently 18 active Conditional Use Permits in Angler Acres. The application for a Lodge means the residence will be operated without on-site management. There are other lodges, cabin rentals, and hotels being operated that do not require on-site management. The permit has been operated as a short-term vacation rental since 2001. The City has never received any complaints regarding the property. The applicant has submitted the yearly certificate of compliance reports and maintains compliance with state licensing and borough sales tax. The applicant is not in compliance with fire inspections with the City of Kenai. The proposed lodge should not adversely affect the area. Recommend approval with the following requirement: The property must be inspected by the Fire Marshal to insure compliance with the fire code. After the initial inspection, the property shall be inspected every other year by the Fire Marshal. ATTACHMENTS: 1. Resolution No. PZOT-35 2. Application ~ti CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZU7-35 `tlrec~~of CONDITIONAL USE PERMIT ~~rrAl~ sKn A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: PAUL MANSUR-THAYER'S FISH CAMP USE LODGE LOCATED 1505 Angler Drive -Lot 26, Angler Acres Subdivision Part 1 _ _ (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 4939008 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: June 112007 2. This request is on land zoned: RR -Rural Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a, The property must be inspected by the Fire Marshal to insure compliance with the fire code. After- the initial inspection, the property shall be inspected every other year by the Fire Marshal. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: July 25, 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 LODGE 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, JULY 25, 2pa7. CHAIRPERSON: ATTEST: ~r~s ~~' y ~~:. \\ ,fit r ~". "Il~ll~ e ~vi~~r a fast, Gi wit~t ~ ~ratuYe" 2~0 Fidalgo A~entae, Kenai, Alastta 996 1-7794 Telephot-e: 907-283-7'5351 FAQ: 907-283-301 ~ ~~~ ~, corm~~aN~. Use P~~~~ APPLICATION ~~ 4~ Y ~~ ~I~'Y,G~~j~t~lA1 ~~~ li(U~~ ~EI~~C~~M Date: ~ 7 ~~ `7 Applican-t's Name; ~A-~J t~ 1'-~1 /~N~ ~l~ Phoste: _ _~ ~ ~ '~` ~ ~!~ ~ [a~' ~ r --- BusinessNatr-e: ~`~-~1~~-S f ~S !+ ~/+-maryry~__, L-L°~ ---.---- f1+lailiitg Address: :~~ ~. ~ l,Oc ~ D2 i v~ r ~~?c~~~ t v~~. E_ cXZ__ ~'7U.31 Street Address: ~ SUS l~[~~-~'n-- d~,2~ v~- (Where permit will be operated froua.) f.egal Aescription of Property: ~-. l1~ .~ ~° ~ ~ ~ c..ecs' ~-G ~` S ~ C~ ~.. GU ~- ~Z ~ `ri L7 ~ C l~-1 ~lf-2T ~`~L. S ~YL vt C~ Kenai Peninsula Borough Parcel No.: City of Kenai Zoning: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. (N~= /'~- 2~ G v/1-l~~~T~ ~ ~Z.vn/N J ~v G `T~fZ C~/.~~ . ~ 2 n/ ~~+.-5v ~,~'2. u5 ~ ~9r'rJ ~ ~~-3 f~l- i1•a-~ , tom!' 1 vr~ ~~ Wc~~U,~ fvo i ~~ l9~ 2v~ ~. Sic 2'°T~-~f Iiw~r, rdl-~-EiL,~-j ~ c-~-r~2 g~iZ . '~ir-,/rL ~(9 U F v~-•~ t~ ~~./02-. i-{~-z~~ I n~ n'1~C ~i.,4~ ~-7~f ~~' C G ~-~+.le~ ~~~~~~~~ required infarmationw (Check each boy that applies and attach the necessary i~'ornnation tQ this application.} I ain the legal owner of the property. [] I am not the legal owner of the property, hawevex, k have attached verification h~ the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and ~ proposed iauildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces an the property. (Por bed 8c breakfast applications, must show areas to be rented.) f have paid the appropriate fee. C~{-~--C.t2_ ~t~ ~) c~•~ ~vT ~ n• ~~~~~~~~ I have xeviewed Kenai Municipal Code 14.2x.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifiz=all~+, the following requirements have been satisfxect: The use is consistent with the pt-rpose of this chapter anti the purposes and intent of the zoning district. The value of the adjoining property and neighborhaacl 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 ase with not be harnnful to the pablic safety, health or welfare, I certify that the information provided is accurate to the best of my knowledge. Applicant: ~ ~1Gt~.c~ ~ ' - - ~. Date: ~~`~ ~ ~ / N ~ ~ \ 1 1 :A O o a ~ o ~ ~ {~} a r' ~ 17 O Z 3 18 N Z ~ ~ Q ~ 19 ~ ~ W ~ {2) ~ 20 5 21 Z W o J r C7 22 Q 6 23 6 M V `~ 7 2 Q ~ 25 ~ ~ Subject Property ADDN. NO. 'I ~ ~ ~ 26 C'7 z 27 TR. 1 ~ TR. 2 O N ~~ h ,~9 ~ ~ 30 ~ 31 ANGLER'S ACRES SUBD. LOWE ADDITION GOVT. 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R, a. a. ~ a a Q ~ ~ ro b ~ ~ ~ ~ ~ ~ W `~ ~ W:~ ~v o .~ o o ,~, >r.~~ ~cA v ~ v ~ P ~ U ~ U 'G {'} ~~ Noj r i U C ~~ .~ C G o ,~ o w ~ w, P: L ~ ~- ~ ~ 0 0 N N 0 o ~ w 'd p '~ `~ r-] o :. 0 '~ .~ o x ~ ~ ~ ~ ~x~ rn x P4 ~ .. .~~q// yY W M ~~ a1 O ~ xx t'~ O ~ '~ ~ o q U '~ ~° ~ ~~ ~~ p ~ ~ y U Pte- [~ ,'7 ~ ~ a o O ~ w N V's d O ~. w M A ~ ~ '~ Q A h ~1 P a 0 a. 0 ,. U w 'o 0 °o '~ '-a ~~ 0 ~~~ ~ U '~.t.' C} ~'~-1 U ~ ~ ~1~ V i~~-, 0 G4 '.~' ~ G O '~' q U L ~~ ~ :4r H 0 O N M w O DA C~ O N ti b ~! N i 7 { STAFF REPORT To: Planning & Zoning Commission Date: July 2, 2007 GENERAL INFORMATION Res: PZ06~36 Applicant: Abby L. Ala 283-9166 P.O. Box 1863 Soldotna, AK 99669 Requested Action: Variance -KMC 14.20.190 -Principal Structures Legal Description: Tract B, Nicole Estates Street Address: 5220 Strawberry Road KPB Parcel No.: 04947008 Existing Zoning: RR -Rural Residential Current Land Use: ResidentiallAgricultural Land Use Plan: Rural Residential ANALYSIS General Information: Applicant is applying for a variance from KMC 14.20.190 -Principal Structures. "Erection of More Than One Principal Structure on a Lot. In any zone more than one (1) principal structure housing a permitted use may be erected on a single lot; provided that, area width and all other development requirements of the zone shall be met for each principal structure as though each structure were on an individual Eot except one additional single-family dwelling may be permitted on the same lot provided the principal structure is asingle-family dwelling, and the maximum lot coverage and setback requirements for the zone are met." This is a large parcel, approximately 33 acres. There is currently a house, barn, and commercial greenhouse located on the parcel. The applicant is applying to build three additional cabins {homes) on the parcel. The code allows for one additional principal structure so a variance is needed for two of these cabins. 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 0736 Comment.doc Page 2 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. This is a very large parcel used for both residenfla! and agricultural purposes. The applicant proposes to build Three additional cabins on the parcel for her children's use. This parcel !s not typical to residentially zoned properties !n the Clty of Kenai due to the size of fhe parcel and the agriculfural use. 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. The applicant could subdivide the property and provide building lots for her children. This would not cause a hardship or inconvenience but does not seem necessary due to the size of the parcel. 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. Residential use !s a principally permitted use in the Rural Residential zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. As noted, this parcel contains almost 33 acres of land. Based on development requirements, it could be subdivided and support 33 residenfial structures. Allowing two additional principal structures does not seem excessive. 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. The requested variance is not based upon other non-conforming land uses or sfrucfures. City En_. iq Weer: Nothing additional. Building Official, Buildings will meet building code requirements. RECOMMENDATIONS The applican# is proposing to build three additional residential cabins on a 33- acre parcel for the personal use of her children. The development can meet all other development requirements for building setbacks, building separation and lot density. The variance should not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 0736 Comment.doc 1. Resolution No. PZ07-36 2. Application 3. Drawings Page 3 r ~~ CITY OF KENAI _ _ ~,: ~ PLANNING AND ZONING COMMISSION ~~= _ ~,~. RESOLUTION NO. PZ07-36 `t{~eclyof VARIANCE PERMIT ~~rrn~ s~cn 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; ABBY L. ALA LOCATED 5220 STRAWBERRY ROAD -TRACT B. NICOLE ESTATES {Street AddresslLegal 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 14.20.1 SO 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: June 27.2007 2. This request is located on land zoned: RR -Rural Residential 3. Kenai Peninsula Borough Parcel No: 04947006 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.190 -~ Principal Structures - 2 additional residential structures S. 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 14.20.1 S3 was conducted by the Commission on; July 2S, 2007. 7. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA., JULY 25, 2007. CHAIRPERSON: ATTEST: Subject Parcel .~ ~J ~ y ~~~~ _; $: ~: _ ~ tyre ce~ ot` ~~ KENAI, Ai~AS![A "~/'~~a e ivit~t a Past, Gc' wit~t a ~c~tr~~e" .9' ~' 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Tefepl~one: 907-283-75351 FAX; 907'-283-3014 ~ I ~ I ~~ ,..,.~._ 1992 DATE: '~.~ ~~~ ~~ APPLICATION FOR VARIANCE PERMIT ' ~ ~~, J~l~ ~ ~~ ~r7n~ rvtr~r'ri~-.- ~s NAME: _~- ~ }~(~~_,..__. ,~ PHONE: c`~,'N -- MAILING ADDRESS: C ~ ~ STREETADDRESS:~~~ ~„i {~~., ~ ~Q~~~~. I~~h~A1 ,~~~lr LEGAL DESCRIPTION: Yr J ~ ~ ~ GJ~ KPB PARCEL NUMBER:.. c~ ~-I ~j ~~ c~(~, ... ... - .,.~ PROPERTY ZONING: ~` ~_-- I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code): ~~ ~~ ~ .d- **~*~~ 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 TIHESE CONDITIONS. f l 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 maybe required. 2~. A Public Notif cation and hearing is required before the issuance of this permit. A $145.04 non_refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit - of Posting with this off ce two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other Iands ar 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 da 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 pxoperty is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the Iand and/or structure. • The granting of a variance shall not be based upon other non-conforming Iand uses or structures within the same land use ar zoning district. ADDITIONAL COMMENTS: Applicant's Signata~re: -•~ "~/i~~a e wit~r a Past, Gi wit~r a Fr~t~~e" ,9' ~' ,~-~,%J~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 `~ Telephone: 907-283-75351 FAX: 907-283-3014 ~ I I I I~ -- - = 1892 tyre ~c'fy a f K~NAIV SICA MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrator DATE: July 12, 2007 SUBJECT: Motion to Reconsider - PZ07-28 Commissioner Fullinck has requested reconsideration of PZ07-28. Commissioner Fullinck must make a motion to reconsider the item. The motion must be seconded and passed. The Commission would #hen discuss the resolution as originally presented. If the Commission decides to make a motion to approve the motion would be made in consideration of the original resolution. Amendments could be made at #hat time. Page 1 of 1 Marilyn Kebschull From: Marilyn Kebschull Sent: 12 Juiy, 2007 1:14 PM Ta: Ronald E. Fullinck {E-mail} Cc: Jeff Twait (E-mail); Phil Bryson {E-mail}; Rick Ross {E-mail}; Robert Molloy (E-mail); Roy A. Weill {E-maii); Scott Romain (E-mail}; Tony Lewis (E-mail} Subject: Reconsideration Ron, This email is follow-up to your phone call requesting reconsideration of PZ07-28 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending fa the CounciE that KMC 12.20.030 be amended by better describing and defining what constitutes prohibited storage of "Junk," Garbage" and "Litter" under the City code. The item will be placed on the agenda for the July 25th meeting for reconsideration. Marilyn Kebschull, AICP Planning Administrator City of Kenai 210 Fidalgo Avenue Kenai, AK 99b11 Phone; (907) 283-8235 Fax: (907) 283-3014 i=-mail: mkebschullC~ci.kenai.ak.us 0~~><2~200~ Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 12.20.030 BE AMENDED BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030{a) currently prohibits the keeping of various kinds of debris and junk on property within the City of Kenai; and WHEREAS, the City Cade does not provide a precise definition of what constitutes "garbage, "junk" or "litter"; and WHEREAS, better definitions and descriptions of prohibited activity are needed in KMC 12.20.030; and WI~EREAS, it is in the best interest of the City of Kenai to amend KMC 12.30.030. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 12.20.030 as follows: 12.20.030 Debris and junk 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 HIM.] The ownex and the occu ant of an rivate ro ert in the cit shall at all times maintain the remises free from si nificant accumulations of 'unk ag rba~e or litter;_pr_oyded, however, that this section shall not prohibit the storage of junk or litter in authorized private receptacles for collection, or the storage of 'unlc that is not visible to the ublic at lar e. A si nif cant accumulation of 'unk or litter on any_~?rivate property in the city contrary to this section is deemed to be a public nuisance. (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, RS 1, RS2, TSH, CC or CG zones; or 2) for longer than one PZ07-28 Resolution Page 2 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. ~ Nothing in this chapte_r_shall be construed to limit the lawful operation of a junk air storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 lab_andoned vehicles As used in this cha ter the followin words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste including food wastes resultin from the handlin re aration cookin or consum tion of food or.the cans, containers, wrap exs, or other tangible items wasted or used along with such materials." "Junk" means any wain-out, wrecked,, scrapped, partiall. o~fully dismantled or discarded tan ible material combination of materials or items that cannot without further alteration and reconditioning be used for their on final purposes, including but not limited to a fiances buildin material chemicals e ui ment furniture machinery, metal, rags, rubber, apex, used tires, Mastics and wood. "Litter" means.all improperly discarded waste material, including but not limited to convenience food, beverage and other product, ap ckages or containers constructed of steel aluminum lass a er lastic and other natural and synthetic material, thrown ox deposited on the lards and waters within the boundaries of the city. "Occu ant" means the erson in ossession of the real ro err on which the 'unk or litter is located. "Occupant" includes tenant and lessee. "Owner" means the owner of the real ro err on which the 'unk or litter is located, or the went of the owner. [(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." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 2Sth day of July 2007,. CHAIRPERSON: ATTEST: 7a STAFF REPORT To: Planning & Zoning Commission Date: July 3, 2007 GENERAL INFORMATION Applicant: Michelle Sparhawk 320 Phillips Drive Kenai, Alaska 99611 Res: PZ07-37 283-8749 Requested Action: Home Occupation -Daycare Legal Description: Lot 2, Biock 10, Valhalla Heights Subdivision Part 1 Street Address: 320 Phillips Drive KPB Pawcel No.: 04924002 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: 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. At this time Ms. Sparhawk does not have any children, but she 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 June 28, 2007. if the day care is still in operation, afollow-up will be required on June 28, 2009. RECOMMENDATIONS Recommend Approval. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ07-37 2. Application 3. Drawings i ~~~~~~~ .~ CITY OF KENAI W _ s«,_ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-37 ~"`~'°f HOME OCCUPATION PERMIT IC~NA~ SK1l A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.23 0 OF THE KENAI ZONING CODE, FOR: Home Daycare______ (Type of Permit) OPERATED BY: Michelle S~hawk ^~ LOCATED: 320 Phillips. Drive -Lot 2, Block 10 Valhalla Heights Subdivision Part 1 KENAI PENINSULA BOROUGH PARCEL NO: 04924002 WHEREAS, the Commission finds; 1. That an application meeting the requirements of Sea 14.20.230 has been submitted and received on Ma~,22, 2047. 2. That the application has been reviewed by the Commission at their meeting of July 25, 2007 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 25th day of Ju1.~07. Chairman: ATTEST: --~~ _ _ I W ~ ', 1.~-..,/ t/aecc"tyuf ~~ KENA~ SHA ~~~/'~~a e wc't~ a past, Gi wit~i a ~r~tr~re'~ 230 Fidalgo Avenue, Kenai, Alaska -99611-7794 li~l Telephone: 907-283-75351 FAX: 907-283-3014 I ~ I ~. 1992 HOME OCCUPATION APPLICATION DATE: ~.~ ,.. .~ -°-~~ ~~ ~ ~ .._ 3} ~ f~-- ~~ ~~~~~~ {~ ~~~~ `~ ~ ~~~,~ mow„ ~I~,~ %f ~ NAME: J~~Ir Ci~hr~,~~ , ,~~:~~~r.~~~' PHONE: ~~ ~~~~ -' ~'`'.~ ~ ~,nrA ; MAILING ADDRESS: .ate ~ t`2 - ~ ,~ ~ 1~~~Y~:~E~~ PHYSICAL ADDRESS: .~~ LEGAL DESCRIPTION: ~°' = '~ ~'-' i/r ~ f l,L A 1 / i~ ~~ }• `~ ~ ca ~i ~Ct v~~" ~ ~. c'r.'~- ~~i 1: a ,~'+. ~~ ~~[~ , PARCEL NUMBER; ~~ ~~, ~C~« ~ ZONING: ~t DESCRIPTION OF OCCUPATION: ~ ` / I 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 farraily 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 far the home occupation. Submt_a_site-plan showing sguare footage of all structures on the lot. including the residence and anv accessorv structures. In addition, show narking areas and traffic patterns. Clearly marls the area to be used for the home occu ation. The home occupation shall be carried on wholly within the principal building, or the building, which are accessory thereto. Any building used far a borne occupation shall be wholly enclosed. ~~~ Applicant's Signature: Application reviewed and approved by: Planning &,~¢n~~ Official Approved by the Planning & Zoning Commission: Date '~ 320 ~hil~ps St. t ~ I ~~~'~. ~ ~ S soap aoss a84o LIVING 14'-8" x 18'-7" I~ I~ I~ ~~ ~I it II ~ I~ !~ i gINIIVG I KITCHEN 70'-1` x i1'-2" ~ 11'-~ x 91'-1" I I a P MASTER BDRM 11'-41" x 13'-8" 28ae 2688 i41A5TER BATH 2868 ~ 2886 ~ ~Bt-0` x $'-0"/I 1~BATH 5'-0" x 11'-1" BEDRQOM 10'-4" x 9'-7" 9oao aces LIVING AREA i13B eq ~ ~ ~~~~ - 1'' ~ ~~ 9090 9040 all measurements are approximate Page 15 J~ '{~ 1`" vw~wv . ^o~~serrw ire ~~~~_ ~. ~~ LNINOARFA ~If measurements are i~azagn ap~roxfmafe Page 16 .de 9a AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 18, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hftl? /1yv_ytrw.ci.kenai.ak.us ITEM A: GALL 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 (l0 minutes) Larry Lewis, Alaska Fish & Game -- Need for Stricter City of Kenai Garbage Ordinance. 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.) ~~~ ~ I. Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by ~~.~o~' Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maxirxaum Term of Lease Including Any Extension from 35 to 55 Years. (Clerk's Note: Council approved Ordinance No, 2230-2007 for reconsideration at its June 6, 2007 meeting and postponed action to July 18, 2007.) ~~,/~ 2. Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal Code ~. by Eliminating the City of Kenai Harbor Commission, Reassigning Its Duties to Other Entities Within the City of Kenai and Updating Regulation of the Harbor Area. (Clerk's Note: Council introduced Ordinance No. 2238-2007 at the June 6, 2007 meeting and postponed action at the June 20, 2007.meeting to July 18, 2007.) ~~~ 3. Ordinance No. 2240-2007 -- Aznexiding KMC 21.10.070 to Give the Airport /~ 9~7rn~ Commission More Authority Over Leasing Decisions Within the Airport Reserve. ~~ , .E ~~G! 4. Ordinance No. 2241-2007 -- AYx~.ending KMC 21.20.010 to Authorize the Airport Commission to Make Recommendations to the City Manager on the Airport Budget. ~~ 5. Resolution No. 2007-42 -- Authorizix~.g the City; of Kenai to Issue General Obligation Bonds in the Principal Amount of Not to Exceed X2,000,000 to Finance the Cost of Planning, Designing, Acquiring Property for, and Constructing Kenai River Bluff Erosion Control Capital Improvements and to Submit- the Question of the Issuance of Such Bonds to the Qualified Voters of the City at the October 2, 2007 City of Kenai General Election. (Clerk's Nate: Resolution No. 2007-42 was postponed from the July 3, 2007 meeting to July 18, 2007 for a second public hearing.J. ~~g~ar( 6. Resolution No.. 2007-43 -- Authorizing the City of Kenai to Issue General ~, ,Obligation .Bonds in the Principal Amount of Not to Exceed $2,000,000 to , . Finance the Cost of Planning, Designing, Acquiring. Property for, and Constructing Library Capital Improvements, and to Submit the question of the , Issuance of Such Bonds to the Qualified-Voters of the City of Kenai:at the October 2, 2007 City of Kenai General Election. (Clerk's Note: Resolution No. 2007-43 was postponed from the July 3, 2007 meeting to-July 18, 2007 for a second public hearing.) n'~~7. Resolution-No. 2007-51 -- Opposing the Proposed Listing of Cook Inlet Beluga ~~Q'~~ Whales Under the Endangered Species Act (ESA). ITEM F• MINUTES 1. *Regular Meeting of June 24, 2007.. 2. *Regular Meeting of July 3, 2007. ITEM G: ITEM H: ~~~~ 1. 3. UNFINISHED BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding ~ 15,000 *Ordinance No. _2242-2007 -- Increasing Estimated Revenues and Appropriations by X2,798.25 in the General Fund Fire Departnrxent for a Donation From the Firefighters Association. 4. *Ordinance No. 2243-2007 -- Increasing Estimated Revenues and Appropriations by $2;500.00 in the General F~.ind for Police Training. ~~~~~~ . 5. *Ordinance No. 2244-2007 -- Increasing Estimated Revenues acid Appropriations by ~ 1,000 in the General Fund for a Library Award. b. *Ordinance No. 2245-2007 -- Amending KMC 14.20,125{a) by Deleting the Requirement that Conflicts Between Residential and Business Uses in the Central Mixed Use Zane Wi11 Be Resolved in Favor of Business. 7. *Ordinanae No. 2246-2007 -- Arriending the Land Use Table In KMC 14.22.010 for the Central Commercial Zone (CC Zone) by Changing "Warehouses", "Cemeteries" and "Surface Extraction ar Natural Resources" (i.e. Gravel Pits) dram a "C" (Allowed by Conditional Use) to an "N" (Not Permitted) and Changing "Wholesale Business" From a "P" (Principal Permitted Use) to an "N" (Not Permitted) . S. *Ordinanee No. 2247-20D7 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 180.92 Acres in the City of Kenai to the Central Mined Use Zone. The Area Includes Parcels Currently Zoned General Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Coral Street and Properties Along Main Street Loop, North Willow Street and Airport Way. 9. Approval -- Facility Management Services Agreement/ConocoPhillips Multi-Purpose Facility -- DR Ice. ITEM. I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission b, Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group 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 ITEM M: PENDING LEGISLATION (7"his item lists legislation which will be addressed at a later date as noted.) `1 Ordinance No. 2202-2006 -- Axending KMC 1..1.05.090 to .Limit 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. (T/I7/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the. Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Centaral Mimed Use Zoxa.e, Including Parcels Currently Zoned General Coxn~nercial, Central Cona.xnercial,, Light Industrial and Suburban Residential and is Generally Located Narth and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Propexties .Along Main Street Laap, North Willow Street and Airport Way, (4/4/2007, Tabled, no time certain.) EXECUTYV'E SESSYON --.Annual valuation of City Clerk and City Attorney ITEM M:. ; ADJOURNMENT