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HomeMy WebLinkAbout1994-02-09 P&Z Packet-.~ Citv of Kenai. Alaska 210 Fidalgo Suite 200 PLANNING AND ZONING COMMISSION ••AGENDA•• February 9, 1994 - 7:00 p.m. Chairman Nevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES January 26, 1994 4. PLANNING ci ~"s ~~~ ,~~,~~,,,.~ ~-v`~~c..~: t~ a ~~ 5. PUBLIC HEARINGS a. Conditional Use Permit -Bed ~c Breakfast - Betty Steele Lot 13, Block 1, VIP Park Estates ` 2705 Watergate Wad ~ ~ 6. NEW BUSINESS a. Review of Commercial Zones -Spur Highway 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COSION COMMENTS d< QUESTIONS 13. ADJOURNMENT ;,~~ PLANNING AND ZONING COMMISSION JANUARY 26, 1994, 7:00 P.M. CHAIRMAN PHIL BRYSON 1. ROLL CALL g~.~b ~ ~~;~~ Chairman Phil Bryson called the meeting to order at approximately 7:00 p.m. in the Kenai Council Chambers. Members Present: Theresa Werner-Quade; Charlie Pierce; Carl Glick; Ron Goecke; Kevin Walker; Lori McComsey and Phil Bryson Also Present: Councilman Hal Smalley; Jack La Shot, City Engineer; Kathy Woodford, Administrative Assistant ELECTION OF OFFICER S Chairman Bryson stated he is stepping down from the Chairman position and opened the floor for nominations. Werner-Quade NOMINATED Charlie Pierce for the position of Chairman. Pierce DECLINED the nomination. Goecke NOMINATED Kevin Walker for the position of Chairman. Glick SECONDED. MOTION Hearing no other nominations Glick made a MOTION for closing nominations. There were no objections, so ordered. Chairman Walker opened the floor for nominations of Vice-Chair. Bryson NOMINATED Carl Glick. Wemer-Quade SECONDED. Chairman Walker asked for further nominations. There being none Walker closed the nominations appointing Glick to Vice-Chair. 2. APPROVAL OF AGENDA MOTION Bryson MOVED for approval of the agenda. Goecke SECONDED. Walker asked for objections to the MOTION. There were no objections. APPROVED BY UNANIMOUS CONSENT. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 2 3. APPROVAL OF MINUTES -January 12, 1994 MOTION Glick MOVED for approval of the minutes of the January 12, 1994 Planning and Zoning Commission meeting. Werner-Quade SECONDED. There were no objections. APPROVED BY UNANIMOUS CONSENT. 4. PLANNING a. Plat Approval -Hakkinen Subdivision -Res. PZ 94-1 Bryson stated he will abstain from items 4a and 4b; his firm is involved with the plats. MOTION Glick MOVED for approval of Hakkinen Subdivision, PZ 94-1. Goecke SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. Walker read from the staff report; this is a simple lot split, no installation agreement needed, city water and sewer are available. Wemer-Quade asked if there are existing buildings encroaching the lot lines being established. La Shot stated he did not believe there is; this should be verified by a surveyor. Bryson said there are structures shown on the plat; they encroach on the set- back but they are existing structures. He added he does not believe they encroach on the side set-back. Goecke asked if the lot line is going to follow the power line. Bryson said he is not that familiar with the plat; Pat Malone is supposed to be at the meeting to discuss items 4a and 4b. Goecke said there is an overhead power line and a fence that goes around there. He added ff that is where the lot line will be it is awful close to the building that fronts onto Evergreen. Walker asked staff to verify if the lot line is to split lots 1 and 2. La Shot confirmed this. VOTE Werner-Quade Yes Pierce Yes Walker Yes Glick Yes Goecke Yes Bryson Abstain McComsey Yes MOTION APPROVED. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 3 _~ b. Plat Approval -Redoubt Terrace Add. #8 -Res. PZ 94-3 MOTION Goecke MOVED for approval of Redoubt Terrace Add. #8, Res. PZ94-3. Glick SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. La Shot said he needs concurrence from the Commission regarding his recommendation to plat Haida Drive as a 50' right-of-way; administration does not have a problem with it; it ties into an existing stub street off of Tanaga Avenue, which is 50 ; the major street would be Toyon Way, which is 60'. La Shot also asked for concurrence on his recommendation of having a minimum of paving, rolled curbs, signage and proper drainage. He added his recommendations are taken mainly from the code. Goecke asked where Haida Drive comes out at in relation to the townhouses on the end of Toyon. La Shot said past the townhouses, the extension of Toyon Way will continue and to the right will be Haida Drive; it will tie into Tanaga Avenue. Goecke asked if it is right past the new house being constructed. La Shot said the extension of Toyon Way goes by the new house; Haida comes in across from the new house. VOTE Goecke Yes Pierce Yes Glick Yes McCon~sey Yes MOTION APPROVED. Werner-Quade Yes Walker Yes Bryson Abstain c. Plat Approval -Ruby's Dazzlinp Scenic View -Res PZ 94-4 MOTION Pierce MOVED for approval of Ruby's Dazzling Scenic View, Res. PZ 94-4. Glick SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. There being no comments from the Commission ~ Walker called for question. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 4 VOTE Pierce Yes Werner-~uade Yes Glick Yes Goecke Yes Bryson Yes Walker Yes McComsey Yes MOTION APPROVED UNANIMOUSLY. d. Plat Approval -Baron Park No. 9 -Res. PZ 94-5 MOTION Glick MOVED for approval of Baron Park No. 9, Res. PZ 94-5. Bryson SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. Bryson said at the KPB's Planning meeting there was a staff comment concerning the clarification of maintenance on Marathon road. La Shot stated the city maintains to the end of the pavement; beyond the pavement Marathon Oil maintains it. Bryson asked La Shot to direct a letter to the KPB stating the city maintains it; there doesn't need to be any state approval for access. VOTE Glick Yes Goecke Yes Bryson Yes Pierce Yes McComsey Yes Walker Yes Werner-Quade Yes MOTION APPROVED UNANIMOUSLY. e. Lease A~olication -James H. Doyle Walker stated this is a lease approval for Lot 1, Block 3, Gusty Subdivision #4. MOTION Bryson MOVED to approve of the Lease Application by James H. Doyle, Lot 1, Block 3, Gusty Subdivision #4. Goecke SECONDED. Bryson stated this lease lot is in the Ski-Mo area and is an existing lease. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 5 Walker stated the FAA requires these leases to maintain their cancelability. He said the recommendation of cancelability should be added to the motion. Bryson concurred with Walkers recommendation. VOTE Bryson Yes Pierce Yes McComsey Yes Glick Yes Werner-Quade Yes Walker Yes Goecke Yes MOTION APPROVED UNANIMOUSLY. 5. PUBLIC HEARINGS a. CUP -Auto Repair & Maintenance Payless Car Rental -Res PZ 94-2 MOTION Goecke MOVED for approval of C.U.P. PZ 94-2. Glick SECONDED. Walker opened item to public hearing. PUBLIC HEARING Dave Segura, 1120 1st Street. Segura stated he bought his home on 1st Street to get away from city traffic and businesses. He said the neighborhood is quiet and has a family atmosphere. Segura said he feels by letting this business move into the subdivision it will only pave the way for other businesses to do the same. He said the property is already an eye sore; there are cars and auto parts in front of it. Segura stated his concerns regarding homeowners property value and the apartment buildings around the lot having lots of children getting on and off the school bus in the area. He said young children don't know the difference between trespassing and getting in a wrecked car to have fun; possibly injuring themselves. Segura asked if there is going to be a fence put up around the lot. Michael Routh, owner of Payless Car Rental. Routh said he would like to address Mr. Segura's concems. Routh stated he was told by the landlord the property was zoned for this use by grandfather rights. He later found that is not true. Routh said Blue Ribbon Auto & Repair is no longer in existence at this location. He said all he is doing is washing and maintaining rental cars. Routh said they are all new cars and they plan to be out of ~ there at the end of May. He said his lease goes to June 15, and the stuff that is on the property is the landlords; the only thing he has there is a car trailer. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 6 Pierce asked if there are any provisions being made to remove the cars that are on the property. Routh state three of the cars belong to the landlord; one is Blue Ribbon's and was never taken care of. Pierce asked if the cars are used; Routh stated no. Pierce said the CUP states July 15, as a deadline for the CUP; what provisions are being made to locate new facilities by that date? Routh stated he has spoke to Kim Howard about getting some city property by the airport. He added he would like to put up a metal building with an attached apartment. Pierce asked ff the majority of Payless' business is generated from the airport; Routh responded yes. Pierce asked what travel route Routh is using to and from the airport. Routh said he is using Redoubt and 1st Street. Pierce asked how many cars he deals with a day. Routh said anywhere from 3 to 5 during the winter. Goecke asked for Routh's reason for using Redoubt and 1st. Routh said he travels slow to keep the cars clean; it's easier to travel slow on that route rather than the Spur. Goecke stated the neighbors concerns of traffic through the subdivision; he suggested using the Spur Highway and Wildwood for access to appease the neighbors. Routh agreed to change his route. Walker asked if the shop is fitted with a wash rack; Routh stated no. Walker asked if there are any provisions being made for the potentially contaminated materials from the cars; grease, oil, etc. Routh said there is an existing trap in the floor. Walker asked if the trap is DEC approved. Routh stated the landlord told him it is. Walker asked if he had ever seen any paper work on the trap; Routh responded no. Walker asked if he is hooked to city water and sewer. Routh said it was put in last fall. Walker asked staff if he could be hooked up to city water and sewer in the garage. La Shot said there are car washes hooked to the city sewer system with approved traps. He offered to have the Building Official take a look at the trap in the Payless building. Bryson asked Routh if the garage is on the same property as the four-plex; Routh responded it's on a separate lot. Bryson said the drawing shows the lot as going out to Wildwood Road. Routh said his landlord told him the property does go to Wildwood Road and he took his word for it. He added this is only a temporary set-up for the winter. Bryson asked if Wildwood Road is city maintained; La shot responded yes. Bryson noted snow maintenance is not a reason to run commercial access through a residential area. La Shot said he felt Routh is' looking at the speed he is driving; he would like to go slower to keep the cars clean. Routh said he has never had a problem using the Redoubt & 1st Street as access. He added there are three people washing cars and they are not out hot-rodding the cars. Goecke asked if Routh would be accept a deadline of on June 1, 1994 to be out of the building. Routh said he had planned to be out sooner, June 1 would be good. He added his lease on the property is up June 15. Routh said someone in the Planning department suggested giving him an extra month on the CUP. Goecke said up until that date, the kids will be in school; after the end of May they will be out of school. Goecke said using KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 7 June 1 would, for the most part, take care of the "kid° problem. Rhonda Stewart, 1118 1st Street. Stewart said she wants to keep the neighborhood residential; if one business comes in, others will follow. Duane Bannock, 1105 1st Street. Bannock said his main concern is traffic and the children during the summer. Bannock stated an amendment to the motion, that may be forth coming, would alleviate some concerns. He said a May 31 cutoff date and access by Wildwood would be in the best interests of everyone concerned. Walker asked for further public comment; there being none the item was brought back to the Commission for action. AMENDED MOTION Goecke MOVED to AMEND THE MOTION to have the permit enforced until May 31, 1994 and to use the Spur Highway and Wildwood Drive for access. Bryson SECONDED. Bryson said there is property outside the subdivision that lies between the back of this property and Wildwood Road so they have no direct access to Wildwood; they will have to go on California Street. Bryson stated he wants to see this terminated; although he feels it should be terminated in an orderly manner. He said for that reason he will support the amendment but would not support the motion without the amendment. Werner-Quade verified with La Shot he will send the Building Official to inspect the drain. La Shot stated he will. McComsey said there was a letter issued to Holley; did he lease there before? La Shot said Holley is the owner; Routh is leasing from Holley. La Shot added the CUP would not apply to the owner; only to Payless Car Rental. Walker stated the Commission should be very attentive to the specifics and maintaining cars. He said there should be no one else in there vehicles; if the permit is granted. Walker said he is concerned with wha the drains. VOTE -AMENDMENT McComsey Yes Glick Yes Werner-~uade Yes Bryson Yes Goecke Yes Walker Yes i Pierce No of just washing doing work on t is going down AMENDMENT PASSES. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 8 VOTE -MAIN MOTION Werner-Quade Yes Goecke Yes Pierce No Glick No MOTION PASSES. 6. NEW BUSINESS Bryson Yes McComsey Yes Walker No a. Request for Change in Platting Review Process. Walker said this item is before the Commission for consideration; the Borough is requesting the plats be reviewed by the City before they are addressed at the Borough level. La Shot said there have been instances where plats have been reviewed by the Borough prior to the city advisory commissions looking at them. He said the City of Kenai has been concerned about it and so have the Cities of Soldotna and Homer. La Shot said the City of Homer has made a request, and Dick Troeger has suggested we make a formal request similar to what the City of Homer has done; having the cities review before the Borough reviews. La Shot stated he would recommend doing this. Walker suggested letting the Council review this. He asked La Shot if he would pass it on to Council. Bryson stated his concurrence with the Council commenting on this. He said the incorporated cities are having problems with the Borough not being aware of their concerns because they have not had time to review the plats before the Borough. [~!L~~L~Ii] Glick MOVED that City of Kenai Planning and Zoning Commission support the request for the change in the platting review process. Goecke added it be passed on to the City Council. Goecke SECONDED. Walker said to send it on to Council with Planning and Zoning approval. 7. OLD BUSINESS None KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 9 8. CODE ENFORCEMENT ITEMS Walker asked La Shot if there is anything new on the Quandt property. La Shot said no, he feels it is time to do something about it. Smalley asked about the location of some of the vehicles; being on an easement the city has for a water line. La Shot said there are quite a bunch of them. Smalley said the city needs to get more involved with cleaning this up. Walker asked if La Shot has spoke to the owners of the RV at 413 Haller. La Shot said he talked to the owner who is in the process of buying the house. He stated the person we sent the letter to is not the owner. La Shot said the owner told him he is not staying in the trailer on a regular basis; he has spent a couple of nights in it. La Shot said the Photo Quick sign car needs to be added to the list again. Walker said he wanted to add to the Payless subject; he said the auto repair that was there has ceased. He said the mechanic that was there no longer has tools there and is otherwise employed. 9. REPORTS a. City Council -Hal Smalley Smalley said Council approved the vacation for the Oilers and Doyle. Smalley stated a police car has been purchased from Hutchings Chevrolet; it was a budgeted item. Smalley said there was a lot of discussion on the Thompson Park Water and Sewer assessment district. He said in most cases, citizens want the water and sewer but are unhappy with the methodology by which the city uses to determine the proposed assessment. Smalley said someone asked if they were to have their property assessed and challenged the assessed value the city attached to it, and it lowered their rate, would the city accept it. Mr. Brown said yes because it would be officially assessed. Smalley said a lot of residents think everyone should pay the same amount. Mr. Brown told them the methodology he is using is the way it has always been. Smalley said a couple of residents didn't want anything to do with city water and sewer. Smalley said the Council will evaluate the City Manager, City Attorney, and City Clerk. He added the department heads have been given the opportunity to evaluate the City Manager also. Smalley stated on February 5, 9:00 a.m., the Council will be meeting with different ~ commissions on their goals and objectives. Smalley said he presented Planning & Zonings goals and objectives with the Council. He said he strenuously discussed. the issue of including Planning & Zoning in the capital improvements program; he told them KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 10 it is in the code. Council said there are public hearings held on the capital improvements program; Planning and Zoning is welcome to attend. Councilman Bannock stated to Council it is in the code for Planning & Zoning to participate and ff they are not going to do it that way then the code needs to be changed. Smalley said La Shot was appointed to the K. R.S.M. Board as the city representative, and Bob Scott was also asked to sit on the board. La Shot said there are several different boards related to the K.R.S.M. He said the Borough has a Coastal Zone Management committee to review land along the river for habitat protection. Pierce asked if the interceptor to Thompson Park was approved by residents in the subdivision. Smalley said the residents have nothing to do with the interceptor and it is not included in their assessments. He said right now the city is in the preliminary process of determining what the costs are going to be for the individuals hooking up. He added if a resident is within 200' of city water and sewer; the code says it is mandatory to hook up. Smalley said their wells have to be capped and sealed and the septic closed. Pierce asked ff the city set the rate of 10% for assessments. Smalley said yes. La Shot added there are DEC regulations that have to be followed when capping wells and closing septic systems. b. Borough Planning Commission -Phil Bryson Bryson said Hayes Subdivision Name Change requested an extension of time; it was granted. He stated there was a request for three mooring buoys in the VIP area of the Kenai River; they were approved. Bryson said the vacation for the Oilers was approved, and all four plats that were before the Commission tonight were also approved. Walker stated a lot of people, across the river, lost their road access due to tidal action. He asked Bryson ff any of the coastal programs are looking at this problem. Bryson said he thinks they will have to go through the Corps of Engineers. c. Administration -Jack La Shot La Shot referred to his status report in the packet and asked if there were any questions. He reported on the Kenai River Special Management meeting he attended. Smalley commented on the price of porta-potties. La Shot agreed they are very expensive. 10. PERSONS PRESENT NOT SCHEDULED None KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 11 11. INFORMATION ITEMS a. KPB letter -Coastal Zone Mngmt. Policy Working Group b. P & Z Goals & Objective 12. COMMISSION COMMENTS & QUESTIONS Walker asked if Planning & Zoning is under the same guidelines as elected officials as far as the open meetings rule goes. Smalley said he believes the Commission falls under the Open Meetings Act. La Shot was asked to check with the City Attorney regarding the Open Meetings Act. It was clarffied that items on the agenda cannot be discussed between two commissioners that are on the same commission. Bryson stated to the Commissioners to watch out for people cornering them on an item; especially when there is a public hearing involved. He said the best thing to do is to tell them you have no opinion until the public hearing is held. Werner-Quade commented it is time to start thinking about a work session to review the Comp. Plan. Pierce said he attended a meeting earlier where he saw information that showed new construction on the Peninsula. He said Kenai's construction was way up and he is glad the Administration is in support of new construction. Smalley said he will not be here for the February 23rd meeting. 13. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 8:45 p.m. Minutes transcribed and submitted by, l ,~ Kathy Woodf rd Administrative Assistant, Public Works/Planning i C~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ w-a.n+nalr L~II~I 1992 PUBLIC HEARING NOTICE A public hearing on a Conditional Use Permit for a Bed and Breakfast, under KMC 14.20.321, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, February 9, 1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by Betty Steele, and is for property described as Lot 13, Block 1, VIP Park Estates, 2705 Watergate Way, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to February 9, 1994. For more information, please contact the Planning Department at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY. STAFF REPORT To: Planning & Zoning Commission Date: February 9, 1994 Prepared By: JL/kw Res: PZ 94-6 GENERAL INFORMATION Applicant: Betty Steele PO Box 3218 Kenai, AK 99611 Requested Action: Conditional Use Permit -Bed and Breakfast Legal Description: 2705 Watergate Way, Lot 13, BI. 1, VIP Park Estates $/D Existing Zoning: Rural Residential Current Land Use: Low Density Residential ANALYSIS Appears to be consistent with KMC 14.20.321, Bed & Breakfast Establishments. .The applicant has indicated to staff that the proposed operation would comply with KMC 14.20.321 concerning employment outside the family and 30% total floor area usage. The property also would appear to have adequate separation from other properties in the area. RECOMMENDATIONS Approval; unless public input can show sufficient reasons for rejection. ATTACHMENTS 1. Resolution No. 94-6 2. CUP Application by Ms. Steele 3. Area map 4. As-built of property ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 94-6 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR a Bed and Breakfast Located: 2705 Watergate Way WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.321 has been submitted and received on 1/3/94 2. This request is located on land zoned: Rural Residential (RR) 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 the existing requirements: a. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on 2/9/94 NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) (has not) demonstrated that the proposed Bed and Breakfast meets the conditions required for said operation and therefore the Commission (does) (does not) authorize the administrative official to issue the appropriate permit. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska the 9th day of February , 1994. l CHAIRPERSON ATTEST: Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT PLf~'d~iii~iG DEPT. NAME PHONE 7J _ 5 MAILING ADDRESS Z ~ ~ ~ ~ i ADDRESS 2 ~ ~• LEGAL DESCRIPTION t" 3 ~ LOCk j j ~ ~ ~ S (~ ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). ~~~ An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL CONIIKIIdTS Applicant Signature: Date: } Approved at P&Z Meeting: Approved: Chairperson Attest: ~ ~ ... °v. 3 4A ~•~ ~A ,~y~1 ~ ~~ a. ~ ~ , O 6 tti ® r 1 ~j j; ~ ~~'- "~. j-~. 'S-I~~ ~ 8 ~ '. oaP~~ '~~~ ,~~ ~~ ' 9 ;' • O ; '~ !!/. P. PA,e,~-EST. JB. /YO.~ • A ~~ 11 ~ / 88-8z • ® X, ~. \/ J~ a r~~ ~ x M Sti re4~n~ j P ~, so,> ~' , 4 Z 3 ~`~ i ~,'` i9 S~ ~ ~~t k,, a z. ~ ~ 3 ~; /. 1.12 Ac.= x O ~ 'k. ~S' ~ ~9/7er F 8,~~ .93fk.~t 2 ~~~c' * O w O ~' ~ Ob 'per. ~ I.~~AG w I..~k `° .91A4t ~lf•~ Q r B1' P yRE ~' X / o . 2~ .~ ' .. ~ o• ~ 8 • 9r ~ ~- '-~- L k. ez. 4.70 ~~- ~ w .. Y '~ ~i •^ 23 3 B "' z'B >,. . 4 .Z~,, F' ~8 aca Y 9~s ' 3$ `~` h 3 ' s ss' _ 5 O ~' h 35 ~ 34 ~4 g 33 ~ ©2 ti~ _ ~ 3~ " :. F OsO, T ~; G Rs£ ~.N ~ S T R /,P, a f /~' 7" y I HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY SHOWN AND DESCRIBED HEREON, THAT THE IMPROVEMENTS THEREON ARE LOCATED AS SHOWN. AND THAT THERE ARE NO ENCROACHMENTS UNLESS INDICATED NORTH (SEE NOTES). 1'- 50' PATRICK J. MALONE• LS 6089 // /~ ~3 .ECORD DATA DATE SHOWN IN ( ). ~ w a RFHA4 FouND \ \J\~oi f .~ ~J~3i ~y \'~? W.G NEBAR iDUND~ ?~. ryb~ m~ ~ ^ry /~ M 0 hb aa•. o.r LOT 13, 9LOCX 1 / / ~_ KENAI ry riza.,3 , (s ,,,~R~ ~R~ ~~. 1a~3 k~NOpq J ~ ~- ~-srMa ~ 4,H wJ / / / / roe ~ \ (w xJw rtnao u~~ / / /` / / / / / t ~ / ~ . ' ' ~~ ~ / sirjl ~~' ~~ s tiG ~~~ ~~ °~ •~ .~'/' (ZEASEIAEN~TNE ~ UNION qL r aa~ / /~~ ~/ ~ OF CALIFORNIA) ~ /~ ~~ my NOTES: A~ shu~nx ~~ /~ / ~~ // ~ 1. IT IS THE RESPONSIBILITY OF THE ory 4" / ~ OWNER TO DETERMINE THE EXISTENCE \ .. stoedp~pes ,Q' OF ANY COVENANTS, EASEMENTS, OR RESTRICTIONS NOT APPEARING ON ~i // ~ / / THE RECORO SUBDIVISION PLAT. ", \ •~ -9 2. THE EXISTENCE ANO LOCATION OF ,Q^ ~ ~/ ~ / ANY UNDERGROUND INSTALLATION ' f la WAS NOT DETERMINED DURING THIS '~~ ~~BOJ~ / SURVEY. `y \ ~ // / / UNEBUIU)INO sETBAgc 3. UNDER NO CIRCUMSTANCES N SHOULD THIS DRAWING BE USED TO Ja~~• ~ ~ ~~ 5' CLEARING AND UNOERCRDUND DETERMINE FENCE OR BOUNDARY w UnUTY EASEMENT UNES. WINCE-CORTHELL-BRYSON K,E!~IAI---A,'v'CHORAGE, ALASKA .~~~~~~~~~i AS-BUILT SURVEY LOT 13, BLOCK 1 ~~,~~ OF q~ ~l „-~P•••' ' •~S~I~ V°I.P. PARK ESTATES SUBDIVISION ,, ~~ •: *~~ PLAT 75-130, KENAI RECORDING DISTRICT ,_ .... ~ ~ . r:~TRICK J. MAIONE .• ••% ~~~ No. LS-B08a ~ ~ • •~ DATE ~, '• , •~~••,,.••'~= DRAWN CHECKED F.B./JOB~t ,,~~ ~~~~~~` 11-18-93 PJM 4 PWB PJM-4/93-221 ~• ,s S G~ MEMORANDUM DATE: Febraar, 3, 1994 TO: Chairman Walker, Planning and Zoning Commission FROM: Loretta Harvey, Administrative Assistant~~ SUBJECT: REVIEW OF COMMERCIAL ZONES - SPIIR ffiGHWAY ~ktr+r~rtlranktrrlr~rtrtt!-~rltirtsrr:ert~rsrerree,rra~es+-rtlrr,r~r,~rt~r,rrrtr~r~~rw~,e~r~r~.r,r~r~rer~e,e~rter~eer A Review of Commercial Zones along the Spur Highway was listed as the Commission's top Goal and Objective for 1994. This review will require notification of property owners along the Spur corridor. Staff is willing to begin this project, with some further direction from the Commission. Does the Commission wish to consider the entire Spur corridor, from city limits near Soldotna to the North Road city limits? A map will be available for review at the February 9th meeting, so we can clarifying the area to be reviewed. ~ ~ CITY OF KENAI -- G~ ~ y4~~~„ ' ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ wF~acar 1II~'1 1992 MEMORANDUM TO: Members of the Planning and Zoning Commission FROM: ~ Cary R. Graves, City Attorney DATE: February 3, 1994 RE: Open Meetings Act Jack La Shot indicated the members of the Planning and Zoning Commission wanted to know if the Commission: 1) is subject to the Open Meetings Act, and 2) how far the Act goes regarding informal conversations with other commissioners about agenda items. 1) The Open Meetings Act specifically includes commissions of municipalities. AS 44.62.310. 2) Informal conversations of commissioners can constitute a violation of the Open Meetings Act. My understanding of the concern of some of the P&Z members was whether an informal meeting of two commissioners regarding an agenda item could constitute a violation. That issue has recently been the subject of debate both in the courts and at Alaska Municipal League. A Superior Court Judge in Fairbanks held that an informal discussion between two council members did violate the Open Meetings Act. Fairbanks v. Shechter, Case No. 4FA-91-0029. That case was appealed to the Alaska Supreme Court, but the appeal was dismissed without an opinion on technical grounds. There is, therefore, no definitive authority in Alaska one way or the other. My own view, which is shared by most municipal attorneys, is that the Act was not intended to cover informal discussions between two commissioners. However, given the superior court's ruling in Fairbanks, it is not clear what the Alaska courts will finally rule on this issue. Because of the recent court rulings, my advice is to avoid informal discussions between two commissioners regarding agenda items. Hopefully, the Alaska Legislature or the supreme court will provide some definitive guidance on this issue. If you have any further questions on this, please feel free to stop by my office at City Hall or give me a call. wa AGENDA RENAI CITY COIINCIL - REGIILAR MEETING FEBRIIARY 2, 1994 7:00 P.M. RENAI CITY COIINCIL CHAMBERS 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. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) C. PIIBLIC HEARINGS 1. Resolution No. 94-4 - Adopting the National Association of Counties Deferred Compensation Program. 2. Resolution No. 94-5 - Transferring $1,581 in the General Fund for Compensation to the Acting City Manager. 3. 1994 Liquor License Renewal - Katmai Hotel Restaurant & Lounge - Beverage Dispensary/Tourism - Two Years. 4. *1994 Liquor License Renewal - Little Ski Mo Drive In - Recreational/Eating Place - Two Years. 5. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. 6. *1994 Games of Chance and Contests of Skill Permit Application - Pickle Hill Public Broadcasting. 7. *1994 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Kenai #3525 Auxiliary. -1- 8. *1994 Games of Chance and Contests of Skill Permit Application - Alaska State Hospital & Nursing Home Association. 9. *1994 Games of Chance and Contests of skill Permit Application - Funny River Chamber of Commerce. 10. *1994 Pull-Tab Vendor Endorsement Application - Funny River Chamber of Commerce. D. COMMISSIONJCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of January 19, 1994. F. CORRESPONDENCE G. OLD BIIBINE88 H. NEW BIISINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Approval - Security Assignment and Consent - Lot 2, Block 1, Gusty Subdivision - Thomas H. and Dorothy C. Wagoner to First National Bank of Anchorage. 4. Approval - Lease Application - Lot 1, Block 3, Gusty Subdivision #4 - James H. Doyle. 5. Approval - Requesting Kenai Peninsula Borough to Change Platting Review Procedure. 6. Discussion - Letter Opposing HB 366 and SB 241. -2- I. AD 1. 2. 3. 4. 5. 6. 7. MINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager J. DIBCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3-