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HomeMy WebLinkAbout1994-06-22 P&Z PacketS ,i City of Kenai, Alaska 210 F ida Igo, Suite 200 PLANNING AND ZONING COMMISSION ~*AGENDA** June 22, 1994 - 7:00 p.m , Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 8, 1994 4. PLANNING a. Resolution PZ 94-31: Iola Subdivision ~ s ~~ °~`_ ~'''"''""`~~~~i ~. _-J 5. PUBLIC HEARINGS a, Resolution PZ 94-30: Mobile Food Vendor Bus - Vozar ~ ~`"'"" `"~ N ~"`~ 6. NEW BUSINESS i 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Adm inis~-ation 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~~ ~ t~~ PLANNING AND ZONING COMMISSION ~ **MINUTES** June 8, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Carl Glick, Teresa Werner-Quade, Charlie Pierce, Lori McComsey Members absent: Kevin Walker Also present: Councilman Hal Smalley, City Engineer Jack La Shot, Parks & Rec. Director Kayo McGillivray, and Administrative Assistant Kathy Woodford 2. APPROVAL OF AGENDA Jack La Shot requested the Commission add aLandscaping/Site Review plan for Swarner and O'Connell to the agenda under Item 5 a. RON GOECKE MOVED FOR APPROVAL OF THE AMENDED AGENDA AND ASKED FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES May 25, 1994 CHARLIE PIERCE MOVED FOR APPROVAL OF MINUTES, RON GOECKE SECONDED. Werner-Quade requested the minutes of May 25, reflect her comments as stated "Mr. Springer said he will try to attend all Planning and Zoning meetings, I don't know what is in Mr. Springer's best interest, but I know that he has not attended any Planning and Zoning meetings." She stated her comments in the May 25, minutes were incorrect. CHARLIE PIERCE MOVED FOR APPROVAL OF THE MINUTES AS AMENDED, RON GOECKE SECONDED. MINUTES OF MAY 25, 1994 MEETING APPROVED. 4. PLANNING 5. LANDSCAPINGJSITE PLAN REVIEWS ~ a. Swarner/O'Connell Landscaping/Site Plan Review Page 2 -Planning and Zoning Commission ~ June 8, 1994 Minutes La Shot stated he hand-carried a set of plans for an interior remodel of two units in the Willow Street Business Center. He said the code requires anything in the commercial zone, over $10,000 shall be reviewed for landscape/site plan review. La Shot stated he did not feel this was too complicated where it had to wait until the next meeting and hold up their building permit. La Shot asked the Commissioners to come up and look at the plans. Glick called an at ease to look at the plans. MOTION: RON GOECKE MOVED APPROVAL OF THE SITE PLAN AS PRESENTED. CHARLIE PIERCE SECONDED. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Resolution PZ 94-27 -Encroachment Permit, Cochran Vice-Chair opened the Encroachment Permit to Public Hearing. Tom Cochran, PO Box 1505, Kenai, AK. Cochran stated he is requesting an encroachment permit for property on Wooded Glen Court. Cochran stated he and his wife made an offer on the property one year ago. After researching the property, they were unable to get financing because of the encroachment, and unable to petition for a waiver because they were not owners of record. Cochran said they have since purchased the property from Fannie Mae, and hoped the Commission would approve the encroachment permit application. Cochran stated there are ten homes in this cul-de-sac, and several vacant lots which belong to Marion Nelson. He said he understands that Ms. Nelson has opposed the approval of the encroachment permit when applied for before. (Cochran's wife handed out a copy of a petition signed by all of the home-owners in the cul-de-sac.) Cochran stated he contacted Nelson on June 6, by telephone to try and resolve the issue between them. He said Nelson stated "I feel we only have two ways to resolve this problem; you can buy my land or you can buy my silence." Cochran said he asked her how much money to buy her silence and she stated "not $500." Cochran ~ said he understood her statement to mean he either pay her for her silence and she Page 3 -Planning and Zoning Commission } June 8, 1994 Minutes would be in favor of the permit, or buy her property. Cochran said he felt it strange she did not include the Planning & Zoning Commission as a third way of resolving the matter. He stated he felt the Commission was the way to resolve this issue. Cochran said he thinks the encroachment permit would enhance Nelson's property by having someone living in the home, keeping it up, not having an empty run down home. Cochran said one other person on the street was granted a permit to put an addition that encroached on the neighbors property. He said he doesn't understand why one permit would be granted and not another one. Pierce asked Cochran if he is the legal owner. Cochran said he is in the process of buying it now. Pierce asked if he has closed on the property and if it has been recorded in his name. Cochran answered no. Pierce asked where the other permit was granted to encroach on the neighbors property. Cochran said it was up to the property line, 111 Wooded Glen Court, the Hart residence. Glick asked if anything had substantially changed since the last time Cochran was turned down. Cochran stated he didn't make the last request, he wasn't the owner, he was only making an offer on the home; he added he is buying it now. Glick asked if he can get his loan without the permit. Cochran said no, he can still get the loan. Fannie Mae is the ~ .owner, they are the only loaning institute because it's not a financeable title; it's -not free and clear. He said if he wants to sell the home someday, he'll have a hard time selling it without the permit. Richard Mueller, Box 1470, Kenai, Heritage Real Estate. Mueller said he feels the setback should only be 5' because that end of the structure is one story with a flat roof. The ordinance requires a 5' setback for one story buildings. Mueller stated Nelson was aware of the encroachment at the time of original construction and did nothing about it at that time. Mueller said the building inspector did not catch the encroachment either. He added a procedure should be set up, and an as-built survey done prior to construction of the structure to prevent these encroachments. Mueller said granting of an encroachment permit would not alter the value of adjoining lots and not granting the permit could leave a home unsold leaving and neglected. He added future buyers won't be able to get special financing, Fannie Mae will not finance it a second time. Mueller said the price is $26,000 below the asking price from last year because of this encroachment. He said the former owner was foreclosed on because he could not sell it. Mueller said he felt an encroachment permit would benefit the area by keeping the prices up and should also Ms. Nelson by leaving her lot intact rather than making one more narrow at the prime bluff building site; allowing her to maximize potential of the lots. Marion Nelson, Box 3612, Kenai, AK. Ms. Nelson stated she purchased the property and through no fault of her own, there is an encroachment next to her. She referred to her ~ letter that was handed out at the meeting, stating her position. Nelson said the structure Page 4 -Planning and Zoning Commission j June 8, 1994 Minutes and encroachment is still the same as last year and she does not believe it is worthy of a hearing. She added she believes this matter should be settled outside Planning & Zoning; maybe the Cochrans and Nelson could come to some kind of agreement and bring it back to P & Z for approval. Nelson said Council did not approve it last year. Goecke asked Nelson if she was aware of the encroachment at the time of construction. Nelson said yes, Dave Brown called her and told her he thought he was a little over the setback. Nelson said she felt maybe one corner of the house over the setback, and did not pay attention to the situation that existed. Dave Brown told her to wait .and see if Howard (Hackney) catches it. Nelson said it was not caught and went forward from there. She admitted to not being as sensitive to it then as she is now. Nelson said no one has contacted her personally to work it out until Tom Cochran called her. Werner-Quade asked Nelson if she is currently trying to sell lot 8. Nelson said she is not trying to sell either. Werner-Quade asked if she would like to sell lot 8 in the future. Nelson replied she had no idea. Bryson referred to the statement that Howard should have caught the encroachment, he asked if the city had a requirement that lot corners be in, at the time this was constructed. ~ La Shot said at the time there was not requirement for the building inspector to ascertain the location of the building on the lot. He added since that time an ordinance has been passed that says before final inspection, an as-built has to be presented. Pierce said if the Cochrans are not the registered or .recorded owner at this time; how can they apply for this permit? He said it appears Fannie Mae should be applying for the permit. La Shot said if a permit was granted, it would go with the property, regardless of the owner. He said it may be true Fannie Mae owns the property at this time, but should the property sell the permit would go with it. Goecke clarified Pierce's question; can anon-owner request a variance (encroachment). La Shot said he has not seen anything in the code to prevent them from applying for the permit for the property. He added if the permit was granted and the Cochrans did not buy the property, he does not know if the permit would be valid with the property. Smalley stated there was an instance where the lending institution was here applying for a permit. Glick concurred saying there were actually two times. Pierce stated for the record he is a fellow Rotarian, he knows Marion Nelson through the Kenai Rotary Club, there is no fiduciary benefit to himself and does not perceive any conflict of interest in taking part in the vote on this issue. Glick ruled there is no conflict. MOTION Page 5 -Planning and Zoning Commission June 8, 1994 Minutes RON GOECKE RECOMMENDED APPROVAL OF PZ 9427, PHIL BRYSON SECONDED. Goecke asked if staff had anything more to add other than what is on the Staff Report. La Shot said he had nothing more to add. He added the code is not clear on what constitutes the stories of a house on the respective house in question. La Shot said- this house is predominately two story, on the side of the encroachment it is single story for approximately 15', on top of the one story is a deck. He added it is hard to define how many stories are on that side. La Shot said Administration's main concern would be the building code requirements that no openings exist and a one hour fire wall be there for anything less than three feet of an adjoining property line. AMENDED MOTION GOECKE AMENDED HIS MOTION BY REQUIRING THE INSTALLATION OF A ONE HOUR FIRE WALL AND THERE BE NO WINDOWS OR DOORS ON THAT SIDE. BRYSON SECONDED. Bryson referred to the City Attorney's memo that states there needs to be some sort of material change in the situation; there has to be something done now to remove the cloud from over the property. Glick added for the record Ms. Nelson hand carried a letter of objection to the meeting for the Commissioners. VOTE -AMENDMENT: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES ABSENT AMENDMENT PASSED UNANIMOUSLY. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES NO YES NO NO ABSENT MOTION DOES NOT PASS. Page 6 -Planning and Zoning Commission ~ June 8, 1994 Minutes b. Resolution PZ 94-28 -Conditional Use Permit, Uncle Don's MOTION RON GOECKE MOVED FOR APPROVAL OF PZ 9428, MCCOMSEY SECONDED. La Shot said this came to the city's attention by way of the advertisement sent to City Hall. He said Uncle Don's is renting apartments on a nightly basis rather than monthly, which does require a CUP. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker NO YES YES YES YES NO ABSENT MOTION PASSES. j c. Resolution PZ 94-29 -Conditional Use Permit, City of Kenai MOTION CHARLIE PIERCE MOVED FOR APPROVAL OF PZ 9429, MCCOMSEY SECONDED. La Shot said Administration was directed to establish a tent camping area, north of the dustbowl ballfield (just passed Pizza Hut). He said there is six spaces in existence, on lot 1 or Tract C, Baron Park No. 5, with some room for future expansion. La Shot referred to the City Attorney's memo stating the city does need to apply for a permit. Kayo McGillivray added this area has been used for a number of things, and is an area that gives tourist campers a place where they are out of sight. The city has put in parking pads, fire pits and picnic tables. He said there are already outhouses there and the city is in the process of putting in water to the area. Goecke commented the application for permit is "after the fact." McGillivray said is because he was unaware we would need one. Goecke stated he commends the city for coming up with some place to use, he was just being facetious. McGillivray added it is airport land and the city has received verbal approval from FAA and written approval is on its way. Page 7 -Planning and Zoning Commission June 8, 1994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES ABSENT MOTION PASSES. 7. NEW BUSINESS None 8. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS La Shot said the car crusher. should be here anytime. 10. REPORTS a. City Council Councilman Smalley said Station No. 3 at the City Dock did not receive any bids at the original bid opening. Paul Dale, Snug Harbor Seafoods, had the lease of Station No. 2. Public Works Admin. received several proposals for Station No. 3 and ended up awarding the lease to Snug Harbor Seafoods for $20,500 for both stations, plus $.375/Ib. for anything over 400,000 lbs. Smalley reported Charlie Pierce spoke to the Council regarding paving Basin View Subdivision. The city did accept those roads, but they have to be brought up to standard before paving can be done which adds to the cost. Smalley said the city is in the process of developing road projects and keeping in mind Basin View Subdivision. Smalley said Dave Becket spoke to the Council representing Habitat for Humanity. They have two homes in the city now. He said they have some land off Linwood but there is ~ no water and sewer there so they are looking for some additional property they can use. Page 8 -Planning and Zoning Commission ~ June 8, 1994 Minutes The .city is looking to see if there is any land available for them. Smalley reported the city decided to keep Walters & Olson and Last Frontier insurance rather than going with the AML joint insurance package. Smalley said there was discussion about the cross-walk at Tinker Lane on the Spur Highway. He said-the state had talked about putting a flashing light there, they are not considering an overpass. Smalley stated the Corps of Engineers did a surrey a number of years ago on the bluff erosion and the price to do some type of control was around 25 million dollars. He said the city would have to do some kind of study of its own now before the Corps will even look at it. Smalley said part of the criteria involved in stabilization is the majority of the land has to be public land, and that is not the case. Smalley said there will be 8 rather than 9 senators coming for the fund raiser for the Kenai Habitat Program. Pierce asked how the fund raiser will work. Smalley said he has not seen anything on it accept for the dinner being held at the Sports Center. The city is donating $2,000 (that was in the legislative budget) to help prepare the dinner. ~ Goecke questioned the majority of the land on the bluff being public land. Smalley said the majority of the land is private. Goecke said he thought the city owned from Lake Street to the City Dock. Bryson clarified that except for two tracts along the bluff, from Lake Street is city. Smalley reported he will miss the next meeting, 6/22, and Councilman Bannock will sit in for him. b. Borough Planning Bryson reported there has not been a meeting since his last report. c. Townsite Historic Board d. Administration La Shot reported he received a C.U.P. application for the Townsite Historic Zone. He said he requested the Historic Board meet prior to the next meeting. La Shot said he thought there was someone here to discuss this C.U.P. that will .speak under Persons Present Not Scheduled. Page 9 -Planning and Zoning Commission June 8, 1994 Minutes 11. PERSONS PRESENT NOT SCHEDULED Sandra Vozar, owner of Toyon Villa and Beluga RV Park. She stated she owns another lot in Old Town, at the corner of Upland and Mission Avenue (she passed around a map showing location of lot). Vozar said two ladies have come to her and want to put a bus there that serves fast food and coffee. The ladies have obtained their City of Kenai Mobil Food Vendors License and their State of Alaska Environment Conservation Food Service Establishment Inspection, which was 92 points and had a comment that the facility was very nice. Vozar said the bus is an older bus but it is a very nice bus. Vozar said she submitted a C.U.P. application to La Shot last week thinking it could be heard at this meeting. She said she did not realize it would take until the June 22 meeting because of the Historic Board having to meet and the notices having to be mailed. Vozar said what they are here asking for is temporary permission to operate the bus for 10 days prior to Planning and Zoning hearing the application. She said if the approval is not granted by Townsite Historic and Planning and Zoning they will disconnect and go elsewhere. Vozar said there is a need for food/coffee in the area because of tourist walking through from the RV parks in the area. She stated it is not located by the church and should not raise any problem with them. Vozar said she asked La Shot for temporary permission and he would not say yes. She said La Shot told her to talk to the City Manager and the City Manager passed it on to Planning and Zoning. Werner-Quade asked if this bus is like the coffee bus. Vozar said yes, but nicer. Werner-Quade verified the bus is not Vozar's, just the property is. Vozar said yes. Pierce asked what kind of problem the wait until June 22 would cause. Vozar said she understood that getting a permit in Old Town would not be held up by the Historic Board. She said she turned in her application in time for this meeting and now they don't know if the Historic Board will even meet before the next Planning & Zoning meeting. Vozar said the ladies would like to get the bus open now. She said it takes a week to get their food and service hooked up so they won't be open until July 1 if they wait until the next meeting. Vozar said if they have to wait they can go somewhere else where they don't have to ask anyone for permission. Vozar stated she can't imagine what the Historic Board will say, are they going to tell her no? She said nobody seems to want to answer the question. La Shot said the reason it was scheduled for the next meeting is the code requires a C.U.P. application be mailed to all owners of property within 300', 10 days prior to the meeting, so it could not have gotten to this meeting. He said the Historic Board has not held up the process. He added the code has no provisions for a temporary C.U.P., that's why Administration would not grant one. ~ Goecke asked if the Commission has the authority to grant a temporary permit. Glick Page 10 -Planning and Zoning Commission June 8, 1994 Minutes said he understands the vendors problem but not having any provision in the code he does not feel we can do this. Bryson said the Commission has been warned before that an item that will be before us in the future is an item of action, this is voicing an opinion before a public hearing. Pierce stated the Commission should notify the public, following procedure. He asked when the notices will be sent. La Shot said they will go out Monday, which will be within the 10 day limit. Glick said unless anybody disagrees with him, he feels the Commission cannot grant a temporary permit. 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Bryson said concerning the comment made about the Building Inspector being present at all meetings, if there is not a pertinent item on the agenda the inspector needs to be here to talk about, it would be a waste of his time to be here every time. La Shot added it is not his choice, or feelings, as to whether he shows up at these meetings, he is staff and he is paid to be here so he has to be directed to be here. La Shot said if you want more, or particular, staff here, and don't feel it's adequately represented, it should be presented to the City Manager. Smalley said he will make the request to Council if he is asked. Goecke said he thinks there are times where the Building Inspector could provide input; although Jack had done a very adequate job. He said he remembers Springer saying that he was going to try and be at all the P & Z meetings, and he concurs with Theresa, if you say it, do it. Werner-Quade said originally when she decided to change the minutes it was because the comments that were made said she said "it was in Mr. Springer's best interest to attend a Townsite Historic meeting." She said that was one thing that was said but it was said around a lot of other things. Werner-Quade said she is not trying to imply that Springer should be at every meeting by any means, she is simply saying that we were part of a rather important meeting, the Townsite Historic Review Board, and that is where Springer made the comment about attending every meeting. She said she has attended every meeting and Springer has not attended one. Werner-Quade said at the last meeting, it seemed important to bring up the fact that his expertise could, might, maybe be needed. She said she felt her comments needed to be clarified in the minutes, and Page 11 -Planning and Zoning Commission .~ June 8, 1994 Minutes she has no idea what his best interest is. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:15. Transcribed and submitted by: Kathy Wo ord, Public orks Admin. Assistant 1~ CITY`OF~~KENAt- PLANK#NG AND zONING.COMM#'SSION RESOLUTtO:N N0. PZ 94- 31 _ ..._ susnTV~sia~~~~>~AT 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 IOLA S/D was referred to the City of Kenai Planning and Zoning Commission on 6 / 15 / 9 4 and received from Roy Whitford ,and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned Suburban Residential (RS) and therefore subject to said zone conditions. 2) Water and sewer. ~~~v/~~ ~ ~~, 3) Plat (des) (does not) subdivide property within a public improvement district subject to specia# assessments. There {is) (is not) a delinquency amount owed to the City of Kenai for the referenced property. 4) Installation agreement or construction of improvements. ~ (is not) required. 5) Status of surrounding land is (mot) (partially) shown. 6) Utility easements, if required, ~e (~ shown. 7) Any existing structures must be shown on plat. vr= 8) Street names designated on the plat are (mot) correct. 9) INCLUDE STATEMENTS ON ATTACHED STAFF COMMENT SHEET. NOW, THEREFORE, BE 1T RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE IOLA S/D SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE OR ON ATTACHED STAFF COMMF_NT SHEET. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 2 2 , 1994. CHAIRPERSON ATTEST: Planning Secretary PLAT COMMENT SHEET RESOLUTION PZ 9 4 - 31 SUBDIVISION IOLA CITY ENGINEER: ~' u ~ ~j /Gr~wf t pct ~ ~~ ~`~` . -4-.u c,-~; ~ ,,,. ~ ~' , ~ ~ ~ ... a, ~t,r ~`~ ~ ~+w~r ..~ ~~~ w i 1 ~ h~ ' - +- ~1 ~ ~~ '11 S ~ /''' ~ ,., , ~~, ~r1 r~-~ G~' ,n L C o wti.e. n G~e~..."~- i O~ t` k~vd vti ~~ . ,, .. ,,~ ~ -~ uJ~ -~,~ !4 d YV+ trv~ 1 s ,, t 0 ~ Y 1- / .~-o /e~~ ~' rC~ r~ . C . ?a v ,' ~ ~ %tr L,d ~ ,.~ ~ ~J„t ~-f~ ~.: ,~,c.Lr~ s~ ~~ . BUILDING OFFICIAL: ~~C PLANNING COMMISSION: ~_- C,' 1~ A 1~ A U cr 1-7 SUED. ~. DATA 1RC SI .34' 19 '" i5 IS.u6' 52.36' 52.36' 48.36' 19.25' 31.49' TANGENT CHORD CHORD BEARING 19.92' 28.23' N 45.06'S9'W 10.44' 18.52' S 62'25'00'W 57.14' 75.26' S 83.39'16'W 7.59' 15.00' N 38.54'2I'W 28.87' 50.00' N 00'16'44'W 28.87' 50.00' N 59.43'16'E 26.26' 46.50' S 62'34'07'E 10.44' 18.52' S 62'25'S9'E 20.06' 28.34' N 44.53'00'E Il 1V U Lv v1 v SUBD. , NOTES Access to lot 4 is restricted to 3rd Avenue only. No permanent structure :hall be constructed or plat easement ^hich •ould interfere rith the ability of uce the easement. Notary Public for Ala:ka My Commission Expires PLAT APROVAL This plat was approved by the Kenai Peninsula Borough Planning Commission at the meeting of KENAI PENINSULA BOROUGH By: Authorized Official IOLA SUBD. A Subdivision of Gov't Lot 77 ~ 78 Sec. 31. T 6N. RIIW. SM. AK. aced rithin an f a utility to 1fHTTF'ORD SURVEYING 1902 1PYATT WAY - KENAI, AK 99611 (907) 283-4928 SLRVEYE~: 6 /9 4 SCALE: I ' - 40 ' DWG. FLE: I OLA . GCD ~I I VICINITY ~iAP 1" = 11[ILE i \I a \ y'~l \ \ 36 COOK ~~ ,\ INLET a I~ I ao ~ zfl ~~ I i Qom j i ~~ ' P~% I ~ ~ ~ /,i ~. I ~~~ / ~ v/ T6N TSN 5 5 KENAI RIPER CERTIFICATE OF OWNERSHIP AND DEDICATION I hereby certify that I am the owner of the real property aho~n and described hereon and that I hereby adopt this plan of subdivision and by my free consent dedicate all rights-of-ray to public u:e and grant al! eose~eents to the use shorn. Lo JGLC ~+..~ x5 .. T~J ;dox ~S/1 k~Z'nrgr AK NOTARY'S ACKNOWLEDGEMENT Subscribed and scorn before me this day of . 1993. For Notary Public for Alosko My Commission Expires ~~~ CITY OF KENAI - 'PLANNING AND ZONING`'COMMISSION RESOLUTION NO PZ>~94- CANDITIONAL 17SE PERMiT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Sandra & Paul Vozar USE Food Vendor (bus) LOCATED Lot 18, Block 5, Original Townsite WHEREAS, the Commission finds: 1) That an application meeting the .requirements of Section 1.4;. 2D.::1?~ Chas been submitted and received on: June 3 , 19 9 4 2) This request is on land zoned Townsite Historical (TSH1 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was = conducted by the Commission on: June 2 2 , 19 9 4 `" 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 Food vendor 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, .1994. CHAIRPERSON _- ATTEST: Planning Secretary 'I PUBLIC HEARING NOTICE A public hearing on a Conditional Use Permit for a Food Vendor, under KMC 14.20.150, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, June 22, 1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. There will also be a Townsite Historic Zone Board Review meeting on Tuesday, June 21, 1994 at 7:00 p.m. in the City Hall Council Chambers. The application was submitted by Sandra Vozar, and is for property described as Lot 18, Block 5, Original Townsite, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at these meetings or submit written comments to the City of Kenai, Planning Commission, 2.10 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to June 22, 1994. For more information, please contact the Planning Department at 283-7933. FIELD(1) Parcel #(s): FIELD(2) YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SRE OR ARE AN INTERESTED PARTY. CITY OF KENAI CONDITIONAL USE PERMIT NAME ~~lf ~ ~ A PHONE ~3 ~ ~ MAILING ADDRESS ~ - ~~~~~- ADDRESS ,~jj~. 9~0 // LEGAL DESCRIPTION ~/ y~ O z j~'/~ ~ ~ _ / , C~/~- ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl 'j"S- 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 COMMENTS: Applicant Signature: Date:_~`~_~_. Approved at P&Z Meeting: Approved: Chairperson Attest• TAKEN FROM: KENAI MIINICIPAL CODE 14.20.1450 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. The allowed conditional uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the_ following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties; [ii] A sight-obscuring fence or uncleared buffer.::: strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights-of-way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the. procedures set out in this chapter are followed. The usual. procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for-. the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be- required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) 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 the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987) 14-28 & 14-29 M 1 • ` - s -1_oJ® ~ .' .•, `~s ~/ O ~ h ~ ti ~J~ v ~~ yd ~~ " °F ,~. -s c~ ~' O rAti~ ~~' J .~_ s ~ ti `?- ~a ~~ ~ 9 ~' ~, :n _ ~~- ~ o, -i/ ~ ~ . 1 Z J ~ ~ ~ Y L 0 -~ ~~ a - ~~ . ,~ ,, ._ `~ n ~~ ~ N V OV ~~ \ ~~~ - Q -ate, ~/~CFI~r for 9T ~~ES~,~-r o• ~~ ~~ocK -~ Dpi ~'~~" ~ ~'~ "~ 51 ~-~ y 0 ~~ ~~ ~ Z \,~ Z O. - ~~ ~~ 3 3 ,- o v ~ . , ~ ~ -~~ C ~, ,~~ ~~ ~+a~ ~~ ss a z 1 .:.: .. ,. .: ' ~ f ~8~.uF ~r~v~~otv~~x~~~ ~~NS~x~AT~o~v KENAI DISTRICT OFFICE June 1, 1994 1 ~7odia A. wilson~Shirley J. Hatch SOp1 Mission Avenue, ~'4 Kenai, Alaska 99511 RE: Burger Bus Dear Ms. Wilst~n and Ms. Hatch: WALTER J. NICJCFI, GOVFRN~R 5uit$ #11 l~sd Diamond Canter 35390 K-Beach Road SOldOtlya, Alaska 99669 Phone: (9p7y252-5210 ~'ax: (go7~ a6a,2294 I'he glans you have submit tad far your facility have been reviewed and are hereby approved. prior to opening, you will need to call for a final inepsaticn. Sincerely, ~ ~~~ Kathy Cdrrigan~ Environmental Health Officer II KEC:cac ~~ ~ ~ _ .___ _:. J. ~+M4a. . _.. --..rr ar«..~I~It~ ~~ _ -- ~_ -~~-s.. ~' '~ C~~ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING JIINE 15, 1994 7:00 P.M. RENAI CITY COONCIL 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] ~rd¢~~-i 1. Tom Wagoner - Thompson Park Water/Sewer Project ~~ j~`'G"~2. Dan Van Zee - City Lease Property C: PIIBLIC HEARINGB 1. Ordinance No. 1596-94 - Increasing Estimated Revenues and Appropriations by $44,375 in a New Capital Project Fund Entitled "Airport Signage Project:" ~~~~ ~, a. Substitute Ordinance No. 1596-94 - Increasing Estimated Revenues and Appropriations by $39,175 in a New Capital Project Fund Entitled "Airport- Signage Project." o~ ~ 2. /_ Resolution No. 94-40 - Transferring $38,400 in the Water & Sewer Fund to Enable Transfer to the Water & Sewer Improvement, 1993 Capital Project Fund. 3. Ordinance No. 1598-94 - Increasing Estimated Revenues and Appropriations by $38,400 in the-Water and Sewer Improvements, 1993 Capital Project Fund for the Water - . . and Sewer Telemetry System Installation. ~g~ ~, a. Motion for Introduction ~pll~P~ ~ b. Motion for Second Reading (Requires a Unanimous Vote) ~ ~5g~ ~ c. Motion for Adoption -1- i~~~~ 4. Resolution No. 94-35 - Transferring $1,404 in the General Fund for the Purchase of a New Computer for the Legal Department. Arik~nsGed ~ 5. Resolution No. 94-36 - Setting a Tent Camping Fee ~~~52~ y. Schedule. 6. Resolution No. 94-37 - Awarding a Contract for the ~g~,l ~, Construction of the Kenai Municipal Airport Signage Project, 1994 to Air Tek, Inc. for the Total Amount-of- $36,175.00. ~~~~ ~. 7. Resolution No. 94-38 - Awarding a Contract for the_ Construction of the Water and Sewer_Telemetry System Installation to-Jahrig Electric for the-Total Amount-of~ $87,060.00. ~~~~, 8. Resolution No. 94-39-- Transferring $2,100 in the. Council on Aging Borough Fund to Build an Additional Parking Area at the Kenai Senior Center. 9. *1994 -LiquorLicense:-Renewal.__--WiTHDRAWAL_OF'PROTEBT~'---- Kenai Merit-Inn --Beverage. Dispensary, Hotel/Motel_-- One Y~/e^ar . D. COMMI88ION~COMIdITTEE 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 MINOTES' 1. *Reqular Meeting of June 1, 1994. F. CORRESPONDENCE. G: OLD BIIBINE88 0 '~ ~fs~%bc~eni. Dissuasion/Approval_- Senators' Reception Donation. H. NE11 BIISINE88 ,9~~oi-yve,~iG1, 1. Bills to be Paid, Bills to be :Ratified ~~,.~ r/e~U, 2 . Purchase Orders Exceeding $1, 000 -2--. 3. *Ordinance No. 1597-94 - Amending KMC 11.05.090 to Provide a Mechanism for Fining Offenders of KMC 11.05. 7~p/r~C rib 4. Discussion - Acquisition of City Property for Habitat ~~.?o~~ for Humanity. ti~ ~~~ 5. Discussion/Approval - Building Permit Fee Schedule. A~S~-AV~iC 6. Discussion/Approval - Contaminated Soils/Kenai Shop. ~o Oi^vved 7' Approval - Change Order No. 1, Alaska Courthouse Site j ~ Contaminated Soils Project - Glacier Environmental/$0.00. ~I~v~ 8. Approval - Election Judges/City of Kenai Special Election of June 28, 1994. I. ADMINIBTRATION REPORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIIBSION 1. Citizens (five minutes) 2. Council R: ADJODRNMENT" -3- ,7 ~6~ 8 910>>>~ ~ ,~ _~ _` _ x(1994 '~~ ~d ~ C='~ o Kena+ ~t ~, Pusslic ydotks De, ~~ ill r' ran Hsmmebmn cb.irao.n Tam Expires 1996 xeo.i cay Tam Expires 1996 Arm vvbianoro- Mans i?aae Ares Tam Expiry 1994 Wayne C.rparer PC Maaber snna city Tam Expiry 19% RobatChms 1'C Maaber Anrbor Point Term Expire 1995 we. cokm.n PC Member soldoloa city Tam Expiros 1996 ~ ~~ PC Mm~ber Hamer City Tam Expiry 1995 Ellis Hanky, h. PC Member Nikrs' ki Tam Expires 1996 Debra Home 1'C Manber ICasilof Mee Term Expires 1994 Tom Knock PC Member Tam Expiros 1991995 Smm Mumma PC Manber Seldovia Ciiy Term Expiry 1994 A. B. C. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMIl~TISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA, ALASKA JUNE 13, 1994 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extension. Requests -None 2.__ Plats Granted Administrative Approval . 3. Plats Granted Final Approval Under 20.04.070 4. Coastal Zone Management Consistency Reviews -None 5 . l.nformational Items a. Conclusive Consistency Detennirlations b. Chenik; Land Use Permit; LAS 18928; Brunner c. Cooper Landing; Interpretive Site; USFS; AK 9405- 04AA d. Seward; Resurrection Bay 99/1-940426; City of Seward; AK 9405-14AA e. Anchor Point; Timber Harvest/Detailed Plan of Operation; Humphrey/May; KK94-09 f. Seward; Resurrection Bay 98/2-930515; City of Seward; AK 9308-31AA yb. 1 Dcn c~i`°"'• Mayor g. Tustumena; Detailed Plan of Operation; Circle DE x;a~ard T Pacific/Nnulchik Native Association, Inc.; KK 92-01 Planning Director "`•T t•.,~ Marva sr~y h. Clam Gulch, Kachemak Bay and Fox River Flats Critical ''`1VC'~`' Habitat Areas; Geologic Field Assessment; ARCO Alaska, Inc.; AK 9405-OlOG i. Lake Clark National Park; Mining; Westmin Resources, Inc.; AK 9405-11AA j. Kenai River; Bank Stabilization and Stairs; Hinkle; AK 9405-24AA k. Kenai River, Habitat Enhancement; Hall; AK9405- 33AA 1. City of Soldotna Ordinance 595 m. City of Soldotna Ordinance 596 n. Kenai Planning & Zoning Commission May 25, 1994 Minutes o. Homer Advisory Planning Commission June 1, 1994 Nfinutes 6. Commissioner Excused Absences 7. Minutes a. May 23, 1994 D. PUBLIC HEARINGS 1. Petition to vacate portion of Lois Way bounded by Lots 23 and. 24, Gentles Subdivision, (plat 81-6 SRD) Section 22, Township 1 North, Range 1 West, Seward Meridian, Seward Recording District, Alaska KPB File 94-070 2 E. VACATIONS NOT REQUIItING A PUBLIC HEARING 1. Petition to Vacate portion of a utility easement within Lot B, Block 1, Unfried Acres Addition No. 1, Smith 1983 Subdivision of Lots 8, 9, and 10, Block 1 (Plat 84-27KRD) Section 22, Township 5 North, Range 10 West, Seward Meridian, Alaska;-.. KPBPC Resolution 94-17 KPB File 94-077 2. Petition to vacate ten foot utility easement with southerly ten feet of Tract A 2, Warfle Tracts 1985 Subdivision of Tract A (plat 85-221 KRD). Section 4, Township 2 North, Range 12 West, Seward Meridian, Alaska. KPB File 94-051 F. SPECIAL CONSIDERATIONS 1. Time Extension Requests a. _ Fox Bluff S/D KPB File 88-120 b. Anglers Crest S/D KPB File 88-119 c. Mooring By The River No. 2 KPB File 88-033 2. Building Setback Exception a. McCaughey No 3, Lot.2, Block 4 KPBPC Resolution 94-18: Granh'ng an eacception to the: building setback limits for a portion of Lot 2, Block 4, McCaughey Subdivision No. 3. 3. Exception to Condition of Approval a. Fraser Tracts No. 2 KPB File 94-068 4. Ordinance to Amend Section 20.04.020 Through 20.04.040 of the Borough Code to Clarify Statutory Authority, Jurisdiction, and Platting Requirements 1 G. CONSIDERATION OF PLATS 1. Gentles S/D No. 2; NW of Seward; Preliminary; Integrity Surveys; KPB File 94-070 2. Egner S/D; North Road; Preliminary; Integrity Surveys; KPB File 94-078 3. ROW Acquisition Plat Kenai Spur Hwy; Spur Road; Preliminary; State DOT&PF; Mile 0.0 to 2.8 F-022-1(7)58709; KPB File 94-067 4. Ronald Jack Grossl S/D No. 2; Crooked Creek Road; Preliminary; Johnson Surveying; KPB File 94-079 5. Ross S/D No. 3; east of Sterling; Preliminary; Whitford Surveying; KPB File 94-081 6. Canyon mew S/D No. 4; Falls Creek; Preliminary; Mullikin Surveys; KPB File 94-082 7. Riverwind S/D No. 3; Funny River Road; Preliminary; Terry Eastham; KPB File 94-083 H. COASTAL ZONE MANAGEMENT -None I. OTHER/NEW BUSINESS J. ASSEMBLY COMMENTS K. DIRECTOR'S CONIl~iENTS L. COMMISSIONER CObwIEENT'S M. ADJOI:TI~~iMENT The next regularly scheduled Planning Commission meeting is June 27, 1994 at 7:30 p.m. in Conference Room B at the Borough Administration Building in Soldotna. a DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION 333 W. 4TH AVENUE, SUITE 220 ANCHORAGE, ALASKA 99501-2341 PHONE: (907) 269-4500 FAX: (907) 269-4520 ^ P.O. BOX 112100 JUNEAU, ALASKA 99811-2100 PHONE: (907) 485-4814 FAX: (907) 485-2948 WALTER J. HICKEL, ~ ~~ ~~ ~~ ,;: ;,. - € ~~U Pl.~,~r~ii~iii'D Del'. ^ P.O. BOX 348 ^ P.O. BOX 350 BETHEL, ALASKA 99559-0348 KOTZEBUE, ALASKA 99752-0350 KODIAK, ALASKA 99615-6398 PHONE: (907) 543-3475 PHONE: (907) 442-3696 PHONE: (907) 486-9379 FAX: (907) 543-4152 FAX: (907) 442-2402 FAX: (907) 486-5960 ^ 1001 NOBLE STREET, SUITE 430 ^ P.O. BOX 290 ^ P.O. BOX 41 FAIRBANKS, ALASKA 99701 DILLINGHAM, ALASKA 99576-0290 NOME, ALASKA 99762-0041 PHONE: (907) 452-7126 PHONE: (907) 842-5135 PHONE: (907) 443-5457 FAX: (907) 451-7251 FAX: (907) 842-5140 FAX: (907) 443-2409 June 14, 1994 ATTN: Coastal District Coordinators Municipal Planning Directors RE: Federal Agency Compliance. with Zoning and Other Local Laws At an Alaska Coastal Management Program conference held earlier this year, coastal district coordinators discussed federal agency compliance with local ordinances for construction projects. Attached for your information is the section of the Public Building Amendments of 1988 that pertains to local governments; the section addresses concerns discussed at the conference. I am also sending this letter to many planning directors, as I believe the Amendments may be of interest. Many thanks to Linda Freed, Planning Director, Kodiak Island Borough, who first told us about the Amendments. If you have questions, please feel free to call me at 269-4568. Sincerely, -.~~ ~ ~ Nelda Warkentin Programs M2~nager cc: Linda Freed, Planning Department, Kodiak Island Borough Gretchen Keiser, Division of Governmental Coordination, Juneau Janet Downing, Municipal and Regional Assistance Division (MRAD), Fairbanks John Gliva, MRAD, Anchorage ~ Peter McKay, MRAD, Juneau Christy Miller, MRAD, Anchorage . 21-P4LH 21-P4LH PUBLIC LAW 100-678-NOV. 17, 1988 102 STAT. 4051 ing for the purpose of determining the extent, if any, of failure to comply with the specifications referred to in subsection (a). "(2) CONTRACT cl.AUSE.-The Administrator shall ensure that any contract entered into for a building described in paragraph (1) shall contain provisions permitting a reduction of rent during any period when such building is not in compliance with such specifications.". SEC. 6. COMPLIANCE WITH NATIONALLY RECOGNIZED CODES. (a) IN GENERAL.-The Public Buildings Act of 1959 (40 U.S.C. 601- 616) is further amended by adding at the end the following new section: "SEC. 21. COMPLIANCE WITH NATIONALLY RECOGNIZED CODES. "(a) BUILDING CODES.-Each building constructed or altered by the General Services Administration or any other Federal agency shall be constructed or altered, to the maximum extent feasible as deter- mined by the Administrator or the head of such Federal agency, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes. Such other codes shall include, but not be limited to, electrical codes, fire and life safety codes, and plumbing codes, as determined appro- priate by the Administrator. In carrying out this subsection, the Administrator or the head of the Federal agency authorized to construct or alter the building shall use the latest edition of the nationally recognized codes referred to in this subsection. "(b) ZONING LAWS.-Each building constructed or altered by the General Services Administration or any other Federal agency shall be constructed or altered only after consideration of all require- ments (other than procedural requirements) of- "(1)zoning laws, and "(2) laws relating to landscaping, open space, minimum dis- tance of a building from the property line, maximum height of a building, historic preservation, and esthetic qualities of a build- ing, and other similar laws, of a State or a political subdivision of a State which would apply to the building if it were not a building constructed or altered by a Federal agency. "(C) SPECIAL IZ,ULES.- "(1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND INSPECTIONS.-For purposes of meeting the requirements of subsections (a) and (b) with respect to a building, the Adminis- trator or the head of the Federal agency authorized to construct or alter the building shall- "(A) in preparing plans for the building, consult with appropriate officials of the State or political subdivision, or both, in which the building will be located; "(B) upon request, submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and "(C) permit inspection by such officials during construc- tion or alteration of the building, in accordance with the customary schedule of inspections for construction or alter- ation of buildings in the locality, if such officials provide to the Administrator or the head of the Federal agency, as the case may be- Public health and safety. ~10 USC 619. State and local governments. 102 STAT. 4052 PUBLIC LAW 100-678-NOV. 17, 1988 "(i) a copy of such schedule before construction of the building is begun; and "(ii) reasonable notice of their intention to conduct any inspection before conducting such inspection. "(2) LIMITATION ON STATE RESPONSIBILrfIES.-Nothing in this section shall impose an obligation on any State or political subdivision to take any action under paragraph (1). "(d) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.-Appro- priate officials of a State or a political subdivision of a State may make recommendations to the Administrator or the head of the . Federal agency authorized to construct or alter a building concern- ing measures necessary to meet the requirements of subsections (a) and (b). Such officials may also make recommendations to the Administrator or the head of the Federal agency concerning meas- ,~, urea which should be taken in the construction or alteration of the building to take into account local conditions. The Administrator or the head of the Federal agency shall give due consideration to any such recommendations. "(e) EFFECT of NONCOMPLIANCE.-No action may be brought against the United States and no fine or penalty may be imposed against the United States for failure to meet the requirements of subsection (a), (b), or (c) of this section or for failure to carry out any recommendation under subsection (d). "(f) LIMITATION ON LIABILITY.-The United States and its contrac- tors shall not be required to pay any amount for any action taken by a State or a political subdivision of a State to carry out this section (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations). "(g) APPLICABILITY TO CERTAIN BUILDINGS.-This section applies to any project for construction or alteration of a building for which funds are first appropriated for a fiscal year beginning after Septem- ber 30, 1989. "(h) NATIONAL SECURITY WAIVER.-This section shall not apply with respect to any building if the Administrator or the head of the Federal agency authorized to construct or alter the building deter- mines that the application of this section to the building would adversely affect national security. A determination under this subsection shall not be subject to administrative or judicial review.". 40 USC 619 note. (b) NOTIFICATION OF FEDERAL AGENCIES.-NOt later than 180 days after the date of the enactment of this section, the Administrator of General Services shall notify the heads of all Federal agencies of the requirements of section 21 of the Public Buildings Act of 1959. SEC. 7. LIMITATION ON MAXIMUM RENTAL RATE. Section 322 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 278a), is repealed. SEC. S. PROTECTION OF FEDERAL PROPERTY. (a) REFERENCE To GSA.-The Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318-318d) is amended- (1) by striking out "Federal Works Agency" each place it appears and inserting in lieu thereof "General Services Administration"; and (2) by striking out "Federal Works Administrator" each place it appears and inserting in lieu thereof "Administrator of Gen- eral Services". ~ell~l R:~-e' ~ 'rifi~~)11L ~11r ~ ~ ;!~,' I ~+. `-~ m JUN~99~ June 10, 1994 ~~ ~v~~'it.?,-~;$-~,~ . ~ `l ; r r~n-~ < s Betty J. Glick, President - Kenai Peninsula Borough P.O. Box 528 Kenai, Alaska 99611 Dear Ms. Glick: The Clarion's front page story of May 26th and the attention it gave to the Kenai River's habitat was outstanding. This article (attached) should be considered for state and national awards. The color photo and the accompanying story will help to raise the public's awareness of this very serious issue. If the riverside development continues as it has from 1978 to the present, the Kenai salmon runs, their nursery, and their habitat will be seriously depleted by 2008. Hab-Pro is a separate division of our organization. It consists of three public lay members and five members from state and federal agencies. We do site inspections everyday for property owners who want to help protect their property and save the river front habitat. The Eagte Award is the highest honor we give for completing this effort. It is a beautiful wooden plaque that is signed by Alaska's governor, the commissioners of ADF&G and Natural Resources, the KPB mayor, and by our board. It's worth working for. Nobody is killing the river's habitat on purpose, we're doing it through ignorance. We must amend the way we use the river. Don't stomp on the river banks when fishing for reds. Don't cut all the brush and grass right to the river's edge. Don't bang your boat on the bank. Do fence in 75% of your property (say six feet back from the water's edge). Do keep atl people and pets off of the bank. Do put in a board walk and a floating dock. Do anchor spruce trees in the water along the bank, they make natural habitat. 80% of the baby salmon live four to six feet from the river's edge. They must have the natural grasses and overhang for protection and food, it's their nursery. The Kenai river holds more world records for salmon than any other river in the world. These runs are unique, but they are in danger. Once habitat degradation on a river starts, it rarely stops. As a result of this erosion, the natural salmon runs almost always fail. Public awareness is the key to the solution. Private property owners must take the lead. All public river frontage should not be used unless it's protected. All of us must make these changes or the salmon runs of one of the most wonderful rivers in the world will be gone. We can't let that happen to the Kenai. The responsibility rests primarily on the Borough Assembly's shoulders to see that habitat protection is put in place. Commissioner Carl Rosier has said 15% of the habitat is already gone and more is going every day. None of us like more regulation, but something must be enacted before it's too late. The city of Soldotna has adopted a "Kenai River Overlay" ordinance. Possibly, it's concept could be used as a guideline. Preserving the habitat helps all the rivers' fisheries and everyone of us economically. We hope you can act today to protect our future. Thank you for your consideration. Sincerely, KENAI RIVER SPORTFISHING, INC. Robert C. Penney, Chairman Allan J. Norville, Board Member cc: Mayor Gilman Kenai River Special Management Board ' earns hi h water marks Project g Kenai River shore work helps fish, reverses bank erosion By CATHY BROWN Peninsula Clarion A local Kenai River fishing charter business recently received an award for a project co-own- ers Eric Emmons and Dean Schlehofer believe could improve their business and improve fish habitat at the same time. Emmons and Schlehofer completed a habitat protection and restoration project last year at their husiness King of the River, located aion~ the river off Ciechanski Road. The business offers guided fishing trips on the Kenai River and in Cook Inlet, including trips for those with physical disabilities. For their project, co-owners Emmons and Schlehofer received the Kenai Eagle Award from the Kenai River Habitat Protection Program, the first such award the program has given out. "They did a real fine job, probably the best we've ever seen," said Lance Trasky, regional Sna RIVER hers, nono Kenai River guides Eric Emmons, left, and Dean Schlehofer, right, stand on the rival ~a\~~ ~~. front of their 9ervat onbeffortsratehe cabin. eTree branches and ogsthave been ashed to the riverbank pres I eroding bank to collect silt and prevent further damage to the shore. .3 '~ ~ ~ C y ~ .C y 'D Qq ~ 'y ~ ' rr. b ~ U ° ti ~ O ~r+ y "~ .~'•n y '~ C s °ai.~~_ 3 u'9 p ~ 'p .° aai•°w~ ua ~~ cep Our s-v°.3~~a.cb a°~c"'y~°- c°`av,a C eel eo ° ~•~ eA~ ~~•~ ed C=am ~~ C O °wz O O O p y ~ 'fl 6r "~ -. w ~ o ca ors.; o ~~y en~ o a~s~ ids u~F u a y°.~o~ a`'"'..,. aFc~ sue: s ~~~3 eo a y~ ° ~~ °' c= a aci~ o ~ oz ~ E~ o eoy ~ °~ o:° _°? OOW •~ cy L:.. eo > .° a V 'y .: S o a., u ~ ~ a y w V L: ~ Li ~ Vl o ~ ~ 0 • ~~ . 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