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HomeMy WebLinkAbout1994-10-26 P&Z Packet(~1'~'~~ City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PLANNING a. Resolution PZ 94-5 a. Re b. KP c. Sup October ;~I`2, 1994 irt~r' Plat Tliornpson Park -Wallingford Add. :::::::::::::::::::: Condi~~t~ Use: Perm lution PZ 94-5n'dscaping/Site :.I Ordinance°94-52:.: Kenai River Over ested KMC Addition -Regarding Qu 11. INFORMATION ITEMS 1. Baron Park S/D No. 9 2. Iola S/D 12. COMMISSION COMMENTS & QUESTIONS ay Hvuse - Wisnewski 13. ADJOURNMENT City of Kenai Alaska 210 Fidalpo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** October 12, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Teresa Werner-Quade, Bill Toppa, Carl Glick Members absent: Lori McComsey, Kevin Walker Also present: Councilman Hal Smalley, Jack La Shot, Loretta Harvey Swearing in of new Commissioner Bill Toppa. Loretta Harvey administered the oath of office to Bill Toppa and welcomed him to the Commission. Chairman Walker was unable to attend this meeting so Vice Chair Glick officiated. 2. APPROVAL OF AGENDA Vice Chair Glick noted that item 5 a. Conditional Use Permit for an Adult Community Residential Center had been removed from the agenda by the applicant Sandra Vozar. MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES September 28, 1994 MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. ~• Planning & Zoning Commission October 12, 1994 Page 1 4. PLANNING 5. PUBLIC HEARINGS a. Resolution PZ 94-49: Conditional Use Permit for Adult Community Residential Center -Lot 1, Toyon S/D - 1001 Mission Street -Paul & Sandra Vozar Vice Chair Glick noted this item had been withdrawn from the agenda by the applicant. b. Resolution PZ 94-50: Rezoning-City of Kenai (near Cone property) Vice Chair Glick introduced the item and opened the meeting to public comment. PUBLIC HEARING***VERBATIM: Jim Butler, 125 N. Willow, Kenai, I had the opportunity to address the P&Z almost two months ago, maybe a little before that to request your support for a proposal that Mr. Cone had put in for the Small Parcel Acquisition for the Exxon Valdez Trustee Council (EVTC). At that time, the Commission expressed their support, but also their concern that there was a chance the property might be tied up and locked away, if you will, from constructive use in the future. I took that as an indication that the City is still interested in seeing something that would work with the property. After I left the Commission I approached the City Council and they also supported the acquisition, as purposed, but expressed similar concerns that the Commission had, not to let the land sit idle. Both the Kenai Peninsula Borough Planning Commission and the Borough Assembly passed a resolution supporting the acquisition. As part of, not so much the challenge, but the concern not only as a resident of Kenai, but as somebody who's involved on Mr. Cone's behalf regarding the acquisition I struck up a dialog with Fish and Game (F&G), the Department of Natural Resources (DNR), and the City of Kenai to see if somehow, the land managers along the Kenai River could somehow work in concert with the City of Kenai, to see if the acquisition could somehow meet some of the City of Kenai's needs and the (needs of the) land managers along the Kenai River. Those discussions, to today, have been quite fruitful, and that's why the zoning request is before you. The City has shown a desire to rezone that property which lies, according to your map here, below the Cone property to Conservation. As you know, that's pretty much wetlands, and it would be hard to do anything with that. If the City rezones that property, the acquisition of Mr. Planning & Zoning Commission October 12, 1994 Page 2 Cone's property becomes quite more attractive, because it's the only road frontage to this property down here. Contingent on the rezone, Mr. Cone's property would then be acquired by either the EVTC, and now even F&G has expressed interest in acquiring that property. Once it's acquired the property goes into the DNR's hands. The DNR, it's sort. of complex, so I'll try to walk you through it and then I'll answer some questions, has expressed an interest in granting to the City of Kenai, sufficient funds to establish a park on this site. The park would be a new type of park for the Kenai River in that it would not encourage access to the river, but provide an interpretive site, so people could enjoy the river, view the wildlife and the lands out here, without actually getting out and damaging the river bank. The interest is having it be an interpretive and education site, so people could learn about the sport fishery and the commercial fishery, the wildlife that is common to that area and most importantly how critical the habitat along the Kenai River is. So the City of Kenai would end up with a park, which I think would be a very nice feature for the City. And, also the working with the State agencies along the river, to show that they're in fact, interesting in working to protect the river, which as you are all aware, is a growing concern for policy makers at all levels. I obviously support this resolution and would like the commission to support it. This is only one small step along the path we are taking in working with these people. I believe it meets the objectives of the property that you supported acquisition of several months ago, would not sit idle. It introduces some new features which I think are attractive to the Commission. And that is, it will establish the City of Kenai as a leader in progressive land use along the Kenai River as well as establish a model working relationship between the City, State agencies and private land owners on how to address a really important issue for the whole City of Kenai and the people in the community at large and that is protection of a critical area. That's a lot of information real quickly, if you have questions I would be glad to answer them for you, if I could clarify anything. Vice Chair Glick, questions? Councilman Smalley, a question as a Councilman, and again, I am not a voting member of this body, on the rezone that the city would be contemplating you made a comment that the trust council, contingent upon this rezone the city property would look more favorably upon the purchase of the Cone property and would look more favorable on the grant that the city has applied for, for this interpretative site. Is the EVTC and the State going to put that in writing? Planning & Zoning Commission October 12, 1994 Page 3 Jim Butler, someone from DNR is here and I'll let them address DNR specifically. I haven't had the opportunity to look at the resolution that's before you but I'd like to say, if possible, it would be constructive to draft it loose enough, so if the property is acquired by F&G or the EVTC, the rezone would go forward. What we're finding out through this process there might be other options for Mr. Cone. Especially since the City's stepped into the situation and expressed interest in working with state agencies. I think that the rezone is a rather simple step on property that, you know, between people who are very experienced in this, is not going to be developed anyway. It's real wet ground down there, and as you are probably aware the lower part of the Cone tract drops off to where the wetlands start and all this area is considered critical habitat. For the city to do anything, I think it would pretty tough to do anything. Whether the rezone is contingent on the acquisition or not, I think that is something the Council will be involved in negotiating with the state. We've been working, I think, pretty constructively with the Administration on trying to set up that framework loose enough so that as the deal takes shape we'll be able to put something together. I don't know if that answers your question Mr. Councilman, it was sort of around the point, but like I said, we've got parks here and I'll let you put them on the spot. Are there any other questions? Vice Chair Glick, are there any other questions for Mr. Butler, okay, thank you. Susanne Fisler, Box 366 Kasilof Alaska, I work for the State Division of Parks and Outdoor Recreation (DOP/OR). I'm the Kenai River District Ranger. I have worked on the Kenai River for close to 17 years now, and I've seen several differently proposals come before the City Council on behalf of Chester Cone. Different development proposals, both involving the City of Mr. Cone, wanting to do something on his own. And he's been met on all corners from the agencies with firm "no's" regarding the types of development that he has proposed to put on his property. In working with Mr. Butler and Mr. Cone on this whole proposal this has been the first time I've actually seen many of the agencies that were saying "no" excited about doing something positive with the property. And it presents an opportunity for all of us to do the right thing of the river. As you know, the DOP is being held to the fire a lot lately for the shape our properties are in, and the public access that we're providing and yet not protecting the river. The DF&G has been put to the fire also for purchasing property for public access and yet they're supposed to be managing our resources, to the benefit of the resources. And so, we've all been looking for ways that we can all work together to do something right for the river and this piece of property presents that for us. Planning & Zoning Commission October 12, 1994 Page 4 To answer Councilman Smalley's question directly, unfortunately for me and for DNR the Exxon Valdez funds are administered by a Trustee Council and I cannot guarantee what the EVTC will or won't do. Certainly the rezone of the 100 acres would make it more attractive and offer a future expansion of the boardwalk in the future, and educational facilities that are proposed. The DNR strongly supports this project as proposed. The DOP Habitat Division are very excited about the project also. And, again I've been in one meeting with the Mayor and with all the different players that were involved and it seems to be a real exciting step to provide something to the people of Kenai, also that would be a benefit to the residents as well as the visitors that come to the state. It would be a year round facility available to them. Are there any questions? Vice Chair, are there any questions? I guess not, thank you. Is there anybody else in the audience who would like to speak to the rezoning of this property? Seeing none I bring it back to the Commission. END PUBLIC HEARING***END VERBATIM MOTION: PHIL BRYSON MOVED APPROVAL OF RESOLUTION PZ 9450 REZONING OF THIS PARCEL OF LAND. BILL TOPPA SECONDED. DISCUSSION Ron Goecke said it looked like the City was taking a piece of property and basically giving it to the State for their wishes and desires without anything being put on the table as far as what they are going to do in return for Kenai. I would like to postpone this thing until a time when the State says, this is what we propose to do and we would like to do this and do that, in turn this is what we would like to do for you. Right now we are handing over 500 acres of land without anything in return. I have a real problem with that. Phil Bryson said he didn't believe there was any property transfer involved in the rezoning action. The rezoned property will remain the property of the city. Planning & Zoning Commission October 12, 1994 Page 5 Teresa Werner-Quade said currently the property is zoned rural residential (RR). It is obviously not being used for RR purpose, or will be in the future. The proposal is to rezone to Conservation (C) which actually fits the status of the land currently and in the future. It is primarily wetlands in that area. Phil Bryson read the portion from the code on Conservation: The C-zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves ... It is intended that this zone shall apply mainly to publicly owned lands. Bryson felt this property clearly fit this definition. Vice Chair Glick asked for further discussion, seeing and hearing none he called for the question. VOTE Resolution PZ 9450: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES NO YES YES ABSENT YES ABSENT MOTION PASSED BY MAJORITY VOTE. OYES & 1-NO & 2 Absent 6. NEW BUSINESS Vice Chair Glick noted the memo in the packet. The Council meeting for November 16th was changed to the 23rd due to the AML Conference. Since November 23rd was the regular date for P&Z staff wanted the Commission to reschedule or cancel the second meeting in November pending a lack of agenda items. Phil Bryson moved the meeting be cancelled if there are no significant agenda items. The Commission concurred. Jack La Shot suggested if there were significant agenda items the Commission could meet at 6:00 p.m., before the Council meeting. The Commission concurred. The P&Z meeting for November 23rd is cancelled unless there are significant agenda items. 7. OLD BUSINESS Planning & Zoning Commission October 12, 1994 Page 6 8. CODE ENFORCEMENT ITEMS a. Letter to AAA Taxi Jack La Shot said he had spoken with Mr. Hibbert and although a complaint has been filed La Shot felt his business was within the guidelines of his permit at this time. 9. REPORTS a. City Council Councilman Smalley said there were people present at the last Council meeting who wished to address the possibility of Halfway houses within the city. Mayor Williams relayed to them, there were channels the proposed projects would need to go through before they reached the Council level. The halfway house on Mission has been pulled because the state is no longer interested in Kenai as a place to house prisoners. La Shot said the other applicant, off Spruce wished to proceed with the process. There is an advertisement running in the paper regarding what the city is doing, this has had a good response in the past. The Council has set a meeting to review Goals & Objectives for November 1st. The City bought a square on a Kenai Monopoly game. Kenai Junior Achievement is developing the game which will be developed for resale. Ron Goecke asked about the Inlet Woods settlement. Smalley said it has not been settled, but the City Attorney and McLane's attorney are working to resolve this conflict. b. Borough Planning Commission Phil Bryson reported that Unocal is preparing a video addressing disaster training, specifically geared toward the North Road area. The video will be circulated to various groups that wish to show it and also Unocal is preparing a safety packet to distribute, mainly in the North Kenai area. The Oil and Gas Lease has been modified and the public hearing process has been rescheduled to next year. Planning & Zoning Commission October 12, 1994 Page 7 Property was rezoned to resource extraction and then it was determined that the intent was management of timber resources, subsequently the ordinance was modified to define the use as resource management. Iola Subdivision was the only plat specific within the City of Kenai. Carl Glick asked if the staff comments were incorporated regarding the streets. Bryson said he thought it was 50 feet. c. Administration Jack La Shot reported the city is beginning to allow the residents in Thompson Park to tie into the water and sewer lines. Normally when water and sewer becomes available to an area that area is rezoned Suburban Residential. This allows for smaller lot sizes, since the DEC requirement of 40,000 sf for on site septic and well is no longer needed. La Shot suggested the Commission might wish to address rezoning portions of Thompson Park at the next meeting. The Commission concurred. La Shot asked if there were comments on the Kenai River Overlay District. Bryson said he had requested this be included in the packet and he said if the Commission had comments he would be glad to pass those on. Glick said the ordinance has been introduced to the Assembly but no public hearings have been scheduled. Bryson noted a work session has been set on October 22nd at 9:00 a.m., at the Borough to discuss this ordinance. d. Historic District Board Loretta Harvey reported this meeting was cancelled because the applicant pulled the permit. 10. PERSONS PRESENT NOT SCHEDULED Vice Chair Glick asked if there were persons present who wished to address the Commission? There were none. 11. INFORMATION ITEMS a. Kenai Peninsula Borough Ordinance 94-52: Establishing the Kenai River Overlay District b. Memorandum Regarding Kenai Transfer Site Planning & Zoning Commission October 12, 1994 Page 8 ,. ~oROUCt~ I L 3~ B 31 THOMPSON PARK SUBDIVISION WA~LfNGFORD ADDITION Owner DAVID wAWNGFORD x~a~, Ak ssses RESUBD1VISlON OF LOTS 6,7 AND 8 BLOCK 5 THOMPSON PARK ADD1~lON N0. 2 SECTION 1, T 5 N, R 11 W, S.M., AK. CITY OF KENAI, ALL WITHIN THE KENAI PENINSULA BOROUGH CONTAINING 37,415.000 SQ. FT. SWAN SURVEYING P.O. Box 987 SOLDOTNA, AK. 99669 PHONE 907-262- 014 DATE SURVEYED SCALE pRq}~D ed Oct 201994 1' = 50' ~ K.P.9. fTIE N0. BK. N0. j KfNAI RJ=CORDMG JN. 9478 I DISTRICT STAFF REPORT To: Planning & Zoning Commission Date: October 13, 1994 GENERAL INFORMATION Applicant: Neal Hayes PO Box 246 Kenai, AK 99611 Prepared By: JL~RS~LH Res: PZ 9451 Requested Action: Conditional Use Permit-Halfway House Legal Description: Lot 50 B-1 & B-2 Ellerman S/D 310 & 312 Spruce Street Existing Zoning: Suburban Residential Current Land Use: Medium Density Residential Staff Action: 22 Public Hearing Notices mailed Ad in Clarion 10/19 & 24 ANALYSIS By allowing this type of occupancy it would change the occupancy of the building to a Group I Division 3 occupancy, which would require licensing from the Fire Marshall. In addition the building code would not allow this type of occupancy, unless the building met other construction requirements, such as: two hour wall separations; automatic fire sprinkler system or automatic fire alarm systems. I doubt the existing building can comply with these building requirements. An onsite building inspection will be required to ascertain these requirements are met. However, the P&Z Commission decision should not be based on whether the existing building complies with Group I Division 3 occupancy requirements of the Uniform Building Code. If the Commission approves this type of use, the existing building would then have to comply with the requirements of this type of occupancy. RECOMMENDATIONS Input from the public should be weighed heavily before granting the CUP. ATTACHMENTS 1. Resolution No. 94-51 2. Application 3. Site plan 4. Letters of Response to Public Hearing Notices ~ ~. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO: PZ 94- 5 ~- '' CONIIITIONAL USE >PEIiMiT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Neal & Sandra Hayes USE Hal fway HoLSP LOCATED Lot 50 B-1 & B-2, Ellerman S/D, 310 & 312 Spruce St. WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: 10 / 5 / 9 4 2) This request is on land zoned Suburban Residential (RS) 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: 10 / 2 6 / 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 ua1£~etaZ u~uGe 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 f~ENAI, ALASKA, October 26 , 1994. CHAIRPERSON ATTEST: Planning Secretary - ~. ' i -' ~- i- ~ ~~ • ;T ,7 ~ . ~.:~~~~.,~,~~._,.: _, ~r^ ~. CITY OF KENAI ~_ _~~~~ -~~~'• CONDITIONAL USE PERMIT NAME .v~, ! ~~~ - PHONE ~ ~ -- ~ _, "~ ,- - MAILING ADDRESS ~ - ~ ~~ 't .T ~-- ~. - ~' t_ . , ; . ,> ADDRESS ~Ia {. 3~2 ~S r LEGAL DESCRIPTION )) o~V r ~U ~ `~ _ ~ ~ ~ _ _-~-.~.~~~'ICt y~ f~ _ ~jrJc Jc ZONING DISTRICT //~ C RR RR- VS ., RS-1 RS-2 CC CG IL IH R RU1 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 i~ if certain conditions are met. I understand a /~ i; conditional use permit is required for the proposed ,~ development as described: G ' , ,., , , Please submit site Plan, Map (if available) and Traffic r iow & Parking ,) ~SE~~ ~7` ~T /~~~ 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. ~d 4~~crc~ r,`~ 5 A Public Notification and Hearing is required before the issuance of this permit. A $10 5.00 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. 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Lal bU'31'38•'r 'o`aeaaW aR p .t ~ ~IV /r 7a6~0 ~ 151'l7'22° ~., SRiI.W, SEt7 See At/aa Map /2 ~V '3d.21r" W Lon. .., .-_ ~ .. ~ _ w Nor:n t 1/4 Mi ~ This Section of land exists within these boundaries andior jurisdictions. . ~ SCALE: 1' :333' ° • V Otlft9 Precinct nr.. House AF. Senale Assembly LpCa~ Elementar .:r. High Sr. High Each Section equals apvrox, One sq. mi. , ~IStrICtS JeuI:S ~F rt3 Dist 9-C Uist: ~ SC OO S ml rM~ViGw Kends Ktnai ~ ~. ' I Local Gov't. Fb6~~ +ue Ambulance Hospital Road Main1 Recreation corough Cily '~~~ ' t ~ ~~~ I DRAWN FLD. CKD. SerVICES - enar Cify ~ Crty G47v C•RG.F4~ Gi1'Y Cr{~r K.F.B ~~ K by_ date: by: data: by: MaP .9~ ~. 3 ~ ~ M111 Rates 1283"7919 2P3-lYbb qii 41 2b2~4d06 293-7535 283-5855 262-¢4;1 283.7535 x 4 2 1 I 89 K.r Tax Cooe Area o- - o- - o- .ems - o- -r,- .70 l.S~ m Ph f tl t I ~ This Section of land is 'further described by these maps and/or Sotrr,CeS.~ ra e: oto: a e: 6 K.P-B. ~ Land use ,ucsn.,~,^ gall Y.. P. b. or Cu . A3389SOf'S~ lax queslrons~ Call K,P,R. el 262 en:. r k/P - i ---1 age . 1 Base Map 1 Kenai F:er 2 Boo ~ IUSGS Seriesi I:oso,nnn ,' : r ~:,~. ,.,,3,sru 1 t m1. FIOOd 1115. ~ fIRf.4 Map. ^2o3c i Guad Maps t• Ken a; !C-a~ Rate Map FloorTway: t,A ^'°'"'~"~'" '~° ~~ Natl. Gas r+w Ira n~ Ira I ;:•~ Ir4 s[ rra Phone ~ Norlh Han South HaII Electric Fu^ -soe. _ I ®®® -..--•--° -. ti~~.,~°.f-••. I ~- -•- ~'---_~_._.. ~ -.~,.> „^b T i i „r rno nl baz + 1041 t H.E.A.' ~ F5-c 131 ~_ I ,n ~ .~ ~( (')li 1 h, v m ,v^~t~ ~^ 1 1 Z1 M, (L-~,I ~s O q c? i 2 V e 4 (~ ~~ Y\ f )~ 1~ O~~ `~ r ~~1 ,• u =1 11~ j ~1 C h c~ `+ ~ } i` ~ `C~ r ~' ~' -- ~1) ~ e o n u ~ ~~) L~ 1 ~~, J ~ `~ ~ ' ~ ~ _ 1 .9F1 ,fv'66 Qbl fI VI I~" t~~\ (~ v tr )K` ~ n u : (NJ ~~ r~ \~~ N ''.1 iii cr ~ ~ : ,~ `'-~ ~ ~ .fr.-c, ,9a 7t Yoa~r, ~ ~IQ N~dS~ r ' ' - I ~1 v ~ ^ ~~ I ,l i ir,i ~~~) s,O • ~ ~, I --- ---- -- - -- -~ ,~ I .V I. , ,7~co~ c .E 1 ~ N \1~ ~ 1 ~ .] YY w °; ~, n ^' W 1 (~~ ¢ a7 ~ I '~ U ~ !` / ~ ~ ~ I ^7 r` i .~ 1 ~/ ~~ '~ I ~ f U ! •OJr .6L'~6 i I lr ~~ ~ ~ ~ 0 I ~ °' ~ I .or I L~ 9"1JDlJ M_N !J I I ~ .t't„ ~ 6~ Q~1 I 1~^l ~ a ( fj •3 `'` ~ `~ ~ I 1 . ~ C, ~';4-• -,\ ~ I I of 1 _ ~ i . ~ ( ~ J V f+ I I `~` ~ ~ r - ~' •~,L.°II o ~~ .211' ' .:1/L h o ~., N .1 M ~ ' r~ -V 1 ' _~ISl-- ` ]]F1Hd5 N (V I 3 l ~) .J J O ` <~V ~. O W ,', ii; Q z v> n ' C.~ u~ :~, ~~ •u ~(, ~1 r I '! 'i 1~ !t~ l~~C~ _) ~ , V I1 1, ~ .(~~1~ c _ ~_ -~ -- • I -~ ._1 1> . ~ 1 `. i 1 CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~ 1III~1 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE A public hearing has been scheduled for the Planning and Zoning Commission meeting of October 26, 1994 (7:00 p.m.) for a: Conditional Use Permit fora Halfway House, for property described as Lot 50 B-1, & B-2 Ellerman S/D, (310 & 312 Spruce Street) Kenai, Alaska. The Meeting will commence in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to October 26th. For more information please contact Jack La Shot or Loretta Harvey 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 _„ i, i ~ October 10, 1994 Planning and Zoning Commission City of Kenai Z 10 Fidalgo Kenai, AK 99611 Dear Commissioner, .._~ ~. ~~,~ We would like to file a protest against the proposed halfway house located on Spruce Street in Kenai. We have lived in Kenai since 1967 and have watched this part of town develop and grow into a nice neighborhood. It has been a good place for us to raise our family, and now we see young people moving into the area with their families. There is a city park located approximately three blocks from the property in question where many of these children play. Sears Elementary is located about three blocks in the other direction, and again many of the children in this neighborhood walk or ride their bikes to school, which would take them alarmingly close to the property in question. We realize that it is not always possible to choose your neighbors, but this is a quiet residential area and we would like to see that continue. Also, we believe that if the proposed halfway house were to come into our neighborhood, the property value would be substantially reduced. We appreciate your careful consideration in this matter and urge you to denv this conditional use permit. Sincerely, .~~~ (~~e~. ~- Gene and Velda Geller 1315 Fourth Ave. Kenai, AK 99611 ;(,n., ~ ~(+? ; ~ ~~ ,, Mt. View Elementary PTA ~'`' .~ .q ~`r" r~"__ 315 Swires Road ' ~ ~ - .- .. Kenai, AK 99611 ~'°„~`~""' `"`~' City of Kenai Planning and Zoning Commission 210 Fidalgo Kenai, AK 99611 re: Halfway house on Spruce St. October 17, 1994 Dear Sirs, The general membership of our Parent Teacher Association would like to express our opposition to the plan to put a halfway house for prisoners on Spruce Street in Kenai. We believe that because of the close proximity to Sears Elementary and the nature of the residential area in which it is located, this would not be in the best interests of the community in general. Please consider our view as you vote on this serious issue which we feel could have a very negative long range effect if approved. Sincerely, Fran Butler Mt. View Elementary PTA President I~ENAI PENINSULA BOROUGH SCHOOL DISTRICT 1 n 148 North Binkley Street Soldotna, AK 99669-7598 Phone 907/262-5846 Fa.X 907/262-9645 October 18, 1994 '" c'~~.:...,.a ~ i. Jack LaShot, City of Kenai Planning Department 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 Dear Mr. LaShot: The Kenai School District has no overall objection to the request of a conditional use permit being issued for a halfway house at 310 and 312 Spruce St. in Kenai. We do, however, have some obvious concerns with the implications of locating a halfway house in such close proximity of a K-2 elementary school. If you have any questions, please call my office. Sincere John K. Dahlgren, Associate Superintendent Planning, Operations and Technology ANCHOR POIM COOPER LANDING HOMER HOPE KACHEMAK SELO KENAI MOOSE PASS NANWALEK NIKISKI NIKOLAEVSK r.uww ruw DlIOT lJ]AIJ AAA oe7n(v nle CFI I~(~VIC SFWARt~ S(11(X1TNA c-~pnt~G ?11CT11\ACIJA -vr.. rev vn~~ccc~we ... ~a .~.,r1Q . a :...11i1G .'...... ~._:aliQ _Ci,Tl~aaO:; ~ ii ~', ~ jE It} , ~z' .+°_ I'°Ce'_.=_. ..~L_.._ _.:__ ~ :~._ _: c:L _. :":31iria r^USc 'v;-.~ D?1nC_' "JDO$r_i.1 =~,' '_..~ ~:.iJL~ ~.__ _~~ ~ _ =~r@eL ._ ~IA ~~uY' 'iG~=. Lc,. 50 E-_. ~::d B-- ~-_er~:n .,, a,. i=.10 ~ ~_~ ~oruce street) _ _ _ ~ ~~, We are ~ ~~~ng~'y' ~Uain~t _~ ~Z~ ._ iarl. We ~_ I~at w_:;:` tine _..~ 1LienC° i;: :~?.;i' I:e].u: C_ ..~ JCi Wr:•-._ ~ ~lle'.'c c.I-° a i~•~ _- Young children and no street lights. y~ a ~~?re-:. _. ;~ i::.+.. =r1o~:Q~ -- .i8,~, ~..° --'•-- .iit ~..- ~ ~_ 1G;,~ ~.:': n1u r ;'ri '_. _:! wl =.. Gum EC4'~CS11iC _:]°/I:' ~. DeC:C~l° 'w::: r:dVc ~~.'iF'n ~..- t~iOn6 ~'1n~.. _:iC° c..... 1cJ _:" Ilia .:" _= _'A~ _ -_ ~.:c~..Ii~:,r LiiS~_ C~~tS- i=.:a~'i`-- - -- --.. te~...~ -- ..- - -. -_ ...~:.~ :..- -.=.. ...=- - =: _.:._--•~ - --"=--=:' _.._-. `. .cut= ~ - - _ _.. .a :~zv= . _~:' ..:~~.~_.I: .av _.: _..= v~c~rt _._ `.~_ _--= ne;:. _, one d:J ~° . ~~~.]?vf- ,1": _ 'v1I1~ r"~_ -~ " S°CGn.:: CiiaP.C~ a.u~ i"?~_ ;., t _ ii7t~?"~~,t ~ . ~r:~ 17^_ 1ff;1~'~_' :C°~tii . ~ iiOUl;: i? _. ..~... iG~a .. di 1GW r. ilailWci% ";oUS= r .c _.. ___ ~. S:I10~C~1C c~.i:~. 'oti:1C: .'il__~rel: Uicl`. area. _7ai.._ v=., a_. ~.._ _me ~, .. nave _~er. _- _ea ~^__ :=tter arli:: ....._ 111?; .. - _..a'.JI ...•~..1~.:: .. _•n:alll°_'. _.:'~: _. _.. . __.._ mall. ____-.__ .._a ~.~.. .-- 1 _ .._ _.. ~~ ~ ~- /~lJ~~%~ ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ"94- 52 LANDSCAPING/SITE PLAN REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for wisnewski ,and received l o / 20 1994. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, c~ct-nh r 6 , 1994. CHAIRPERSON ATTEST: Planning Secretary D:\WPDDCS\PZRES\SITE RESOLUTION PZ`~ 5~ SUBJECT COMMENTS CITY ENGINEER: BUILDING QFFICIAL -~,~ S ~ S c, yg0 S~- : l~-I• acl. ~ ~'~ ~ p~ -E-o' I l ew.~.~ ~~~-~i (1~-~-~ov~~~ ~~..c~.~O?.I `f-a lx.~ G~. S ~-~lIXi -~-~~ ~ ` C~p~ CA . N b ~ c.~ i~ ~ ~ wy ~-oCt u t o ~c~r(-t0-~...~ w~-!l~ JUI L V -_ LANDSCAPING/SITE PLAN REVIEW ~~~.~~.~.~.,. ~ APPLICATION `" ~ ~~~•"`' `` APPLICANT _ ~e ~•~~ y % rp~-f~ ~ /? rv~~iU^ ADDRESS - ~~ MAfLtNG ADDRESS ~ '• L~X. / / (~', ~ , ~ 9 <3 PHONE: 7 ~-b' 3S veil ~5~ -1v~8 ZONING . DESIGNATION - C RR RR-1 (Circle one) RS RS-1 RS-2 RU CC Q I L R TSH LEGAL PROPERTY OWNER ti ~ i I n ~, ~~. ;-+ ~ r n rs : ,. r~ ~' ~::--r ; , ~ l ~. ~ ~, -,~ ~; ;, .~ . ~ {! ,' _ ~ r .: ,:~;.__ i, z Please include the following in the Sit Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d. Identification and location of non-living landscaping materials to be used. e. Identification of on-site snow storage areas. f. Drainage patterns. g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. i f Additional comments: ~ ~ ~~ ~ r, ;••v~ .l ~°~ ~ ,~~ r ~, 1 r= ~; ~ ~ '~ ~ d ~\ , ~ ~ Z 6 ~ ~. j 7 J `~( ~: 1 u ~ ~ -~- 1 ~ .. ~ ~ X r a' 1 i ~ d 1 ~ 3 .1 6 <Y C ~ C ~~ ~ a _ '0 i ~~ ` ~ z ~ °1 4 ~ Y c 3 v\+ ~ ~ ~ ~ ` 'J ~ y ~+ ~ '. Z `- ,*' 1 '~ 1 . - ~ ~ i a- ~ ;,. --a t,L ~ 1~ Q ~ ~ " '~ ~ v ~~ of ~ V = ~~ _.~_ -+ Z_ _J ~ ._;~~~~ '~ `~ O•, 9 n~l~ ~ S _ r, "1_ 0 _ -~ .~ _ -+ ~~ ~ J ~~~~ -a e •~ Q 3 ~ 'U d -~ ~ 1 a ~^ v 7 0~~ ~~ L> ~ ~ l Z L V _.. Z L 7 ~' ~ ~ b _~ ~ ~ 1 ` O `l L ! j ! --~ ! ~ . , H ~ ~ ~ i ~~ ' ~ ~ Q -----~--- -- ~ -- , .~ ~ a •~~ ~b~a :~ 1~~°.~ dot ` _ ~.n°~`!l ei 6''•C• c ~ LY ' ;o_ I ... ~~ Ur ~ n~ lam: _ _ --- o. ~~ -fl 6 d ~ _:; ` ~~~ ~ c `' ~_~ ~~ ~~~1 ~ ~ ~ L ~ ' yr s --~"' M Z Z Q G~ __ .____. _.. ~1 = a - - ~'~ ~ ~ d ~~ b. DATE: UCTOBEft E, 19'3+t 1 Us K.t:N/1I DOROUCI I A ; FMRI Y ItFt•tBER9 FROM: -:EtdAI RlvieH PRpPERTY UwNER~ nS~UGIpTIOtJ SU83ECT: ORnINpIJCE 3~~- F.R OVENt.l~V U151-<ll:i Ir~C Y;HI'UA rla~l~ rr.vletl:'d the pr~u~naF.ri h'R fluor )~.y [liblr it_1: by Mr, Drsthmr3n of tl~,mer and rn-.aunn,~~rl~il lJy Ms. fillc4:, Dick SpalZl and Tim N•~vel-l-e. We hwvo ~.Ir_~eluNrc! a ritp OrOlnanca tn,rt ue feCl tt~r mr~ry-LL'y ~~f L111~ Prvaerty Ounars; r,ast live with ana hx~ftly rocammencl tr1aC Y013 3dOpt ~?IlY pYnp_igel. Wa beliPVw thra (lr•.~I:lilll~„ prOOO~Cd K.HU l:. tot+ t+ro3d, vAn~l~ nnrl LlnulrJ Ise: ull(dir 1~~ all ~ praprrty ~~wnr,rs. she r:RD bll~~~.:ld cover all I nd along the Y1Yer f r um Una hayinninp : t kenai ~attd r,~ the ma~.rtri ~~f the 1•ivrr. f~0Air1. wC Asl: yc~~ir sunwr 1 d111J tt'Irit y01.: dOuGt Our ~rrp05a1. ThwnA~ yn.. flee yu~rr e~anaid4rati~.~~~. Will Jo6sy, Ct-.airman KE?r131 Aivcr Pr._DCY:v i1•.+nE!r9 Alfn~:r.iatt.~n I 1rc~ctiGn 1 ~' Lf//C , ~~~"1~-~~ ~ ~~~~Lv%~~ '.AI'].PR M. nI1RF rig 9t~r~cjlry, K.P.POp AttacrunenU; ("i11UQC~5tF~'1 flrlii~iwi~~.. EO 'd 5 I98Z9Z1.06 'ON X~.~ ~1~3Z~ 8dX LZ . b t I ~.~ b6-L -1.00 ~aSS ~~ . Ianoduced by: D~ou tea: _ , ANico: Yota: .(~ (/JOY ~ d w Q~f, Drathm~,i Navarre, Se~l,i, filicJc ton t~ I tnsw~ I{ENAI PENINSiTi.A IIUROU~H ORDINANCE 94-SZ . AN ORDINANCE E.STAULiSHI1VG THE I~IYAi RI VER OVIERI.,+y DISTR1t^'1', I::STABLLSRII1iG CONDITIONAL USE PERMIT$EQiJIttEMENT3 AND SETTI11i(* FORTH CONDITIONA t . USE PERMIT Ap]PRO VA t. (:RITERiA WRFRLAS, the Kenai River System is recognized aY Y e,Titieal natural resource upon which, to a very luKrr dei;ree, the economic well bGng of the Kerroi 7'eninatrla Buruuith is depended, a,td which provides tecrpstioaal and -vbsistentte opportunities wlach enhance thn quality of life to the eitizrne of the Kcrrai Penlnsttla Borough; urd WHEREAS, ttwrteuous anA adequata studies have been completed d~clalllna and lnvcntnryir,g rise complexity and acopa of the Kemal River e:cosyatan; wJ WTI t';1tEAS, the ttforemendcrned studies are unanimous in concluding Hurt the heahb and well being oC the river is in grave jteopardy and tppropriate fouls +rre prNSartly not available to control the ongoing isrbitat de~radadon; anA WftEREAS, the Kenai Peninsula Bnmugh is rtspunsiblo for land rues plawwiK within ny boundaries, NOW, THEREFtII~;, BS IT ORDA)QVED lIY THE ASSEb1BLY OR '1'llE KENAI PENINSULA BOR[lilt;ll: SECTION 1. That f:hapter 21.OS of the I~enoi Peninsula Bo,uugh Code Is ezraeted to real. 21.05,010. Itenui River Ovniay Dialrict. A. The keno! River pverisy District establishes specie! cequiratrt:tts for the development and use oC Iand adjacent to the Kenai River that are designed to mitigate the impacts of human aaiviry on rho rivtu while also providing opporturutira for development and uses which Will not cause significant advexse alteration of fish habitat. Should a conflict between provisions of this section and ratty other section of ibis code occur, then the more rretric,~tlve provision xhail conuul. H. The Ker-ai Rlvor lay District (KRD) shall apply to all la tliTare located betwetxr the Kasai !fiver acrJ a e 1500 t further than rho lint; that deflnca a 100 yr ~ ood plain as shown on the Mood Insu~,utc Ste Maps (F.1.1t.M.). C. T},e: K1tD is ui overlay zone. Whoa the KRD uvarlay applies, the underlying zoning K.ctfar Ptainsula A„un,~, Alecks Ordinat~ci 9~•~2 Yngc ! of 1 l0 'd ~ 198Z9Z106 'ON X~~ ~~310 8dx 9Z , b i I ~d b6-!. -x,00 district provisions, if any, ane neither abandoned nor repealed, bul are wgmented by the KKD requiranents. 21.05.020. Conditional use permit req»ireJ. A. Development ofland within the Id2D rcyuires approval and is,~uance of a conditional use permit 6y the Kenai Peninsula Borough i~lz{nning Dzpartmem. B. l~or the purposes of this section, "dcvelop,rrent" is de9ned to mean: I • constnu~tion of dwelling units, ht,ardwalks, docks, decks or any other stcuclwr; 2. nen,oval of vegetation witltfrt the area hetaerr, the river and a line 100 feet beyond the line which definat the 100 year Quud plain; 3, surface ~r subsurface: extraction of natural rrcrn,rees; 4, storage of hasardrn,s or toxic materials or fuel; 5. lnstallatlon of water wells cu uu-site wastewater disposal systerns; or G, filling or excavation of land. 21,05.030. C'onditiunal use permit procedures. A. An app6caiiot4 provided by the borrn,gi, pla,uurug rleP'artment, must be cc,mplcted and submitted for planning dtputnrent approval. Etch application must br ac:companied by a e~mple3cd site plan. B. ?he site plan submitted will, the application tmr.~t delineate lire following: 1. a plat clearly skewing the i>vundaries of the parcel and the iue:atiun of all existing and proposed structures, natural resrnrrce extraction sites, toxic or hazardous material rrtorage areas (and their content identlflcation), septic systems and waste water treatment and/or treatment sites, wdle, fird tanks, ecravations and/or fill atcl,s, sewer rysterrrs; 2. the site plan shall be drawn at a scale of SO feet to the inch ifthe property is lass than three acres in size urd 100 feet per inch if the property if three acres or more in si>•t• 3. date, dralkr's name and address, trc~rth point anel scale indicator, 4. location of the l00 year flood zone; S. the locations and dimensions of all existinE and proposed drives, parking areas, snow storage area,, strcct.~ alleys, sidewalks, walls, slopes of 22% or more, fe:ncea and landscaping; 6. the site and location of all e:dsting and proposed public and private utilities; 7. the method, if any, of drainage fur storm water runoff; 8. a description of ail materials or substances to be uacd nn the property which may be harmful to bah, wildlife or habitat; 9. a description and drawing of any rxisKing or proposed tension control, u, sIupe ~tahiiization measures; and 10. a Gating of all state and federarl pernuts wlrirh are required in connection wilt the pmpnsexl development. 11,05.040. Notice A, in addition to any other notice required by this code, ur deemed specifically appropriate by the planning dc:partn,ent, the planninc deptrrtmcnt shall send notice of an application fur a conditional use permit nn any parcel within the KRD to the follnwinP agencies w provide an opportunity for review enmmente prior to the date scheduled for permit dctermrnation: 1. kenai-Kasitnf Soil and Water Cu„srrvation District' Kensi Penitrnrla 8omvgh, Noaka nuGro~mr 91-52 Peke 2 ot3 2. City of Kennt Planning Dcpattmettt; ~. City of Soldotna Planning Department; 4. Alaslc. Department of Natural Resources, Division of Parke and Outdoor Rrt:reation; S. Alaxl;a Depat anent of Fish and dame; 6. Nasky Uepartrnent of Environmental Conservation; and 7. United States fish and WUdlife 5crvicc. lt. The above ftstcd agtncies shall be encourageA to offer special technical assistance and recommcndatiotu to mitigate harrrrfitl ctl<xts of the pmpnaed use rraating to eroainn, sr,our,d or surfhce water contamination or significant advp sr alteration of fish and wiltllifa habitat. 21.OS.050. Issuance of permir. A. The planning drWrtment with assembly approval, shell pmpare and publish regulations cauru]Iing the time-line and procedures for permit issuance. B. Before a conditional use pernrit ehall be spproved for property within the KRD, the P~nB dep~tmettt must complete a written statement of evidence and findings that the uae will not ~~ alBnitio+vLL erosion, ground or sw facie water contaminatiuu ur eignifieant adverse alteration of fish and wildlife habitat. A permit may trot issut) Without these written, satiafactnry tindiuNs. C. lstawru:e of a conditional use permit may be conditituud Ly davelopmcnt requii rmente of the borough pltuu~irtg departmcnc that ilea trx:rswry, to carry out the purposes of this chapter. D. Any pally ts~.rieved by the issuance or non issuance of the conditional u.~ pernut, ur its included or non-inNudel conditions, may arpeal to the planning e~mnussion. `FCTION 2. That this orduunce becomes cffrctive upon enactment. N:NACTID BY ?HE ASVF1-~LY OF Z'IIE ICJ;NAI PE:~'IIVgtT)<,A Bn12UUG8 ON TIIIS DAY O)r _ , 1994. Betty 1. (;lick, Assembly Praaident ATTfiST; Gays J. Vau}{ltdrt, Borough f:lerk Kenai Pmtmula 11.•~uri~ly Alaeka f1.~li~uttct 94-32 Pace j of 3 ZO 'd 5I 98Z9Z1.06 'ON Xd.~ 71~31~ SdX LZ ~ b I I ~3 b6-L -~,~0 L/ L i `' - Ianoduced by: Henna Actin: Yale: RENAi PENINSTJi.A ItUROUGH ORDINANCE 94-52 `. / ~ mar/ Drathm~w Ni~ane. Sr~l~.i, f}licJc 10/! 1194 II/15/91 AN ORDINANCE E.STAULISIIIIVG THE k'ENAi RIVER OVERLAY DISTRIt"'1', ktiTABLISRIl~IG CONDITIONAL USE PERMIT REQi111itEMEN'rg AND SETTIl17G FORTH CONDITIOA`A t . USE Z•ERMIT APpROVA 1. CRITERIA WHEREAS, the Kenai River System is recogttired ar a critical tlattlral resource upon which, to a very lugs deyea, the cl:onomic welt beinK of the Kenai t'eninsula Burou~!h ie depended, and which provides recnpttional wcl ~bt;ialotlee opportunities wluch enhonce thy. quality of life to the citi~na of the Kenai ptatinsWn Borau~h; uid WHEREAS, numerous anti adequate spidiea have been completed dmtailins and Inventorying tlu complexity and arQpe of for Kenai River Ccesyatem; anJ WT1t:itEAS, the aforemenanned studies err unanimous in ccsncluding tl~xt the heahh and ae11 buin~ of the river is in gravy jeopardy and apprr>rnate tool„ are presently not availublr to eolltrol the nngomg habitat degradation; anA WHEREAS, the Kenai Peninsula Bomueh is resyutuibla for land ILSe pluu~ir,K within iLy houndariea, NOW, THLrREF'(~KL, BE IT ORDAINED ItY THE ASSF1~iBLY OF 't'ilE KENAI PENINSULA BORtlti(;ll: SECTION 1. That C:haptcr 21.05 of the kenoi Pcninn,ia B~uuugh Code is eslacted to rraJ 21.05.010. Itenai River nvMay District. A. The kenni Rivr7 C~vtrlay DistricK establishes special requiranmta for the development and use of Iand adjacent to the Kenai River that are designed to mitigate the Impress of human activity on the giver whilo also providing opponwutiea for development and user which well not cause sigtlifcatnr adverse alteration offish habitat. Should a conflict between provisions of this section anti stay other ration of thix code occur, then the more reatriaive provision shall conuui. B. The Kenai River lay Distrct (KRD) shall apply to all lands-ttw~are located between the Kuu~i Kiver uui a ' 600 ftct further than the !irn that defines the 100 y~,~-IIood plain as shown on the Mood lnsu„u~ce-i~g"te Mapa (F.7.]t,M.). ~~- C. T}ac KKD is au overlay zone. Where the KltD uvrrlay applies, the underlyi,yt zoning Kcna l'caia:ul• A~uiwlyh, Alecks Ordinu~ea 94•~~ l'agc I of I0 'd 5I98Z9ZL06 'ON Xd.~ X~37~ SdX 9Z.bi Idd b6-t -1,00 2. Ciry of Kenny Planning Dcparttnottt; ~. City of Soldotnn Planning Dcparrntent; 4. Alaska Department of Natural Resources, Division of Parka and Qutdoor Rrcrr~tion; S, Alaska Depar unent of Fish and Game; tS. nlnska I)eparttnent of Environmental Cansrrvacion; and 7. United States fish and Wildlife Scrvicc. l;. The above listed agrncies,},uU be encouraged to otI•zr Ypeeisl tecilniai asuswnce and recommcndatio,u w tnitigate hnrmfitl ct}a:ts of the proposed use relating to erosion, st,our~ or curfhee water cnntantinatian or signi£tcant advp aC alteration of fi ch and wildlife habitat. 21.OS,OSO. Issuance of permit. A• The platming clewrtmetu with assembly approval, shell prepare ~ publish regulations corurulling the tithe-line and procedures for permit issuance. B. Before a conditiururl use permit shall 6e itrpruved for property witl>;n the KRD, the P~"^mB dEpartma~tt must complete a written stnicmcnt of'evid~ence and findings that tlta use will not ~ xi~tificaru erosion. ground or tw Grc:e water contamination or eistrifieant adverst alteration of fish and wildlife ltsbirat. A permit may nut icsus without these written, satiafaetary tiudiuKrc, C. lsswwr:e of a conditional use pcrmic msy be cnnditiorted b.V developtttrJrt requiremeatrs of the borough platururg department that are rrtll:e:tiat'y to carry out Uur purposes of this chapter. D. Anypa,ty a{~uieved by the issuaru,e or non•issuarra oftlte conditional use permit, ur its included or non-iorlc~dzal conditions, may al+peal to the planning c~mnussion, tiFCTION 2. That this ordiuuice becomes cffrctive upon enactment. H:NACTED By T'~E A~ti~'~LY OF TIIE ICJ~:NAI PENIlVSULA BOkUUGg ON THIS DAY Ulu ~ , t99d. Betty J. Click, Asnrrlbly Praaidrnt zo'a ATTJiST; Gaye J. Vau}{}rett, Borough f:(~ric ~I~ilulllC! yd.,$2 PaF~ d o[ 3 Keaat Peaimula li.n~r~~t14 Alecks 5I9BZ9ZL06 'ON Xd.1 }f~310 8d~1 LZ , ~ t I ~~ b6-L -1,00 io~oe~o•s oa:~l F,u o07 asp sago v+rr ~.~cbuxa~~ KENAI PENINSULA BOROUGH ORDINANCES 94- AN ORDINANCE ESTABLISHING THE KENAI RIVER OVERLAY DIS~'RICT, ESTABLISHING COh1DITlONAL USE PERMIT REDUIREMI=.NTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL ~:RI'T•ERIA ~oos~uia WHEREAS, the Kenal Ravor System is recoprnzed as a crltlcal natural resoui ce upon which, to a very large degree, the economic well being of the Kenai Pei iinsula Borough la depcndcnt, and which providAs recreational end subsistence opportunities which enhance the quality of life to the citizens of tale Kenai Peninsula 9orough; end WHEREAS, numerous end adequate studies have bdw~ cvtr~pldtecl detalllrtg and Inventoryln® the complexity and scope of tho Kenai River ecosystem; and WI ICFCAS, tf,e afuremenlior~ed studies are unanlmoua In txnciuding that the health and well being of ttie river i6 in jeopardy and appropriate tools arR pres.nt(y not available to control llte ongoing habitat degredetaon; and WHEREAS, the need exlals to limit future high denslry development along ar~d adiacer~t to ta~~e Kenai River, and, WHEREAS, the Kenai Peninsula Eorough is responsible for land use planning within its boundaries; NOW, THEREFORE, BE R RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION •t. That Ch3ptor 21.05 of the Renal r~enlnsula Borouyil Cu~la Is ena~~tPr1 to read: ' 21,1)5.010. Kenai River Qverlay DlStriCt. A. The Kenai River Overlay Distract estat-lislids special requlroments Ter the development and use of land edjacenl to the Kenai River that ere deslgncd to mitigate the impacts of human actlvlly un the raver while also Page 1 b0 'd 5I98Z9Z106 'ON X~.~ X~31~ SdX 8Z ; b I I ~.d b6-!. -,1~0 10/q!?'p4 00;.11 rns o07 25T G9AA UNT :L~CHORAGG ~pOp: UIB providing opportunities for development and usQS which will not cause aigntficant adverse elt~rAtion of fish h3bitet. Should a oonflla between provisions of tt~i>: section and any ultras section of this cocs>a occur, than the more rnatrictlve erovlaion shall control. 9. The Kenai River Overiey DlstriC (I(jD~tfall apply to alt lands that are located between the high water ilea of the Kenai Rlvor and a tine located at the end of the vegetation zone 75 feM.}rpm the normal high water line es set out in the Kenai Rrvwr r~ Hehit~lt Cumulative Impacts Project, dead Juna 199, prepared by Ilia Alosica DAF-~+rtment of Fish and Ghme. C. The KRD is an overlay zone. Whom the KRD overlay applies, the underlying zoninr~ district provisions, if any, are Walther aoandoned nor mpealed, but ate augmented by the KRD requlrarnents. 21.Ob.020. Conditional Use Permit Rsqulrod A Development of Ind within the KRD requires approve) anq ls,uance of a conditional use Permit by the Kenai Borough r'Isnning Department. i~. For the purposes of this section. °development' !s riwlined to mean: ~• construction of dwailing units, boardwalks, docks, construction of any structure enclosing or occupying more tt-an 200 square feat of property; 2. removal of substantial amuur-ts of ver~etatlan within the Area between the norrnal high wafer Ilrre enq a line 76 faYt from thR r-Urmof hicJh water line; ramovat of substantial amounts of vegetation means the clearing of more ti~-arl 10 portent of tt~a tot3t surface area of tl tract of land or removal of vegetaation within 50 feet of the rlvcr; routine mdinterance or the removal of danger fret's shalt not be considered "development" withnr- the meaning of this section; 3. surface or subsurface extraction of r-eturai reseurcer, axctuding minor amn~~nts of graved or rep soil moved fns 18ndseapin9 purpOSC3, ~• storage of hazardous ur toxic mAterlals or substantial quantities of fuel; substantlet quantities of fuel means snore than SS gallon; of fuel H stored closer than 25 feet from the normal high water line; S. Installation of water wells or on-silo waste water dispo8al syttnm'; or 6. filltnq or excavation cf land, except for minor landar:aplny lr,volving lass that 10 rs~hic yards of material. Page 2 50 'd 5I 98Z9Z1.06 'ON X~.~ ~~310 SdX 8Z . b I I ~.d ti6-Z -x.00 tA:00~Ai AA./2 PAY AA7 267 6~AA UItZ AIVCHUkd~E Q;010/U1J 1, maintenance of previously permitted docks, driveways, boardwalks, 19ndscapiny, Harbors, bank stahillzatlon or existing structures ehAil not bP considered development under this cpCtlon. ?1.05.030. Cenditianei Use PQrrnlt Procedure A , An application, provided by the Boreur~h Planning papartment, must be completed and submitted for Planning Department approval. The Bo~~uph Planning Departme,~i shalt develop eppllcation forms reftectfng the scope of the development. Minor development for a private ua• shall use a short application form without the Head to prepare a formal sllQ plan. Each application for high dpnaity purposes or for large private development must be accornpanlod by a campiete Silra Plan. For the proposes of this ordinance, Irish density ahAll mean more than two dwelling units per acre or commercial faeAltlas, including camper or RV parks, LaarOe private development means construction of new dwdll(ng units, installation of wells and septic sy~tdma and cl8arin0 of mor• than i50 percent of lhu veget3tlon on a tract of lead, t3. The Site PIAn submitted witty the application m~.ist delinoaie the following: 1. a plat cieetly 4hnwing the boundaries of the parcel and lha location of all existing and proposed structures, natural resource extraction sites, toxic or hazardous material storage er~eas (end their content Identitrcationl, septic 5ysto-rs end waste water treatment and/or treatment sites, wells, fuels tanks, exr.AVertlons ~rrd/or fill nroes, sewer SyStCm9; ~. the silo plan shall be drawn &t a scale of 60 feet to the inch If the property is IeSS than three acres in size and 700 feet per inch Ii rho pr»perty Is three acres or more in size. 3, date, drafters na~:~e and address, north point acrd scale Indlcatnr; 4, lccatlon of the 100 year flood zone; 5. the logtions and dimensions of all existing and proposed drives, parking eree9, snow storaua are35, streets, alleys, sidewalks, walls, elopes of 22°~4 ar morn, fei u;di end landscaping; 6. th9 size and location of all existing and proposed publlr: and prrvntw utilities; 7, thy. method, if arty, of dralnaAe tnr storm water runoff; 8. 3 dQSCriptl0n of all materials or substances to be used on thA property which may be harmful to f(sh, wildlife or habitat; 9- ®descrlption and drawing of any existing or proposed erosion control, u~~ slope stAbilizsti~n measu-u; and 10. a listing of all state and federal psrm)ts which ere required in connection with ttie proposed rlPVelopment. Page 3 90 'd 5198Z9Z106 'ON X~.~ X310 8dX 9Z ~ b I I ~~ b6-L -.1,~0 10/~ttiAJ o9-tJ FAZ 901 Y61 E988 Asir AtdGS0R,1Gk: ®O11J01~ Z 1.06.040. Notice. A. In addition lu any other notice required by this code, or desmcd specifically appropriate by the Plannlnp pzpar~~ the Planning Department shall send notice of art epplicatfon for a conditional use permit on any parcel with the KRp to lire fallowing agencies to provide an ~pporturlity for review comments within 30 days of the filing of the completed appiioation~ 1. Kehai-fCasiiof Soil and Water Consfrvation District; 2. City of Kertai Planning Department; 3. City of Sotdotna planning Department; 4• Alaska Depnrimdnt of Natural Rrasouroes, Divislr~n of Parlcs anal outdoor RecrRrtNon; 5. Alaska Department of Fish and Game: d, Alaska Department of Environmental t;onsorvatlon; end 7. United States Fieh and Wlldlifw Sorvice. t3. TTte above~isted egencias shell be encouraged to nff~r special taehntcat assrstance and recommendations to mltiyate harmful effacta of the proposed use relating to erosion, Around or surface water contamination or significant rrdver68 3itaretinn of fi8i1 and wilnllfz I-regltat, C. The Planning Oepartrtiant shall conduct public hoarings for all applications for permits onset this ereinance, exC¢pt for tl~osa pcrmrts issues :.coder lire short Corm rnartlonad above for minor devaiopmoni projects. Testimony and writtp,~ corrmontg ,hall t;a nccepc'cl from any tnterested party. 21.06.O5u. lsauartce of Permit A. ThA f~tanninq pepattment, wjlh Assembly approval, shall prrapere and publish reputations corwollinp the timeline and procedures for permit (ssuanca. Applications for private use shalt be processed in 60 days trftor the appUcation is complete Applications for high danalty uses, including the development of private lots for sale, she-I be processed within X20 day: of when the applipnt 3upplles the lnformectlon prescribed by this section and completes the application developed by the Manning Department. Application processing Shall not be delayed bemuse the comments from apcrtcies have trot been received within ;iu days. f3. The Plsnning Oeparvtrent will work with 6ppllcants to help minimise any adverse impacts posed by en application for devRlopmertt and shall assist applicants in the modifications cf d9veioprrient plans to comply with the Paye ~ 0 'd 5I98Z°Z1.06 'OPT X~~? x310 SdX 6Z. b t I~.d b6-~ -x.00 20; 06; 94 oa: as PAX 007 2s7 63oa Uu'T ANCIIORAGS ®utl/V1J below-listed standards. The Planning Department shall consider only the fotlewing factors in determining whether to epprovp or disapprove e permit for riAVeloprndnt in fh9 KRU~ 1. whether the davefopmnnt will cause 9lgntfic.~rtt soil erasion; 1. wi•tethet the davoloument will cause ground or surfecA waler~ . cont6-ninaticn; 3• whether tht3 development will cause significant lass of fish And wildlife habitat; and 4. the aesthetics of the development ss )r.idflsd by lire pravalltng standards for like development in the surrounding area. C. In ,spptoving or disapproving a permit 6ppliratlon fqr development under this section, thv Planning Departmsarrt shat) enter a written finding setting out in detail the factual determinations made In support of its deolslen Tho written finding shalt contotn a record of aft Sources of lhforrnatlon used in making the decision, including but not limited to, a tilt of all pubAc te4timony ~r comments And agoncy Input. D. The planning Department shall develop, In cooperation with the State end fedora) agencies, wills the property owners and with otter interested groups. pro-approved conatructlon standards and spteiftcadon8 for boardwalks, floating docks drrd bank stabitizaUort. Applicants utt-izirry the p~-rrpprovQd Standards shall be subject to monitoring by the Planning DCpartment buf will not he requlied t0 otherwlce fallow the conditional permit process prescribed In this sacti~rr. E. Issuance of a conditional uss permit ray be Cendtrinned ty other oonslsterlt development requirements of the Kenai Peninsula Planning Department that are npressai y Ip ~,ny out the purposes of th'r.. chaplyr~, F. Any party apgr'ieved by the issuance ornon-issuance of a conditional use permit, or its included or nnn-included conditions, may appeal to the Planning Commission and Bern~~gh Assr~rrrbly In accord with the etand>ard appeal proCedrrres precuibod by ordinflnce. SECTION 2. That this ordinance takes effect upon enactment, provided however, that appticatlons pending before epen~iws will not bo delsryed by enactment of this ordinaince. 21.OS.060 CIaAHnghouse for hermits A The Planning Dapartrrrant shalt establish procedurPS to assist applicants obtain permits from State and tPd9rel dysnclcs es may be requlied for Page 5 80 'd 5I98Z9ZL06 'ON X~.~ X~~ZO 8dX 6Z~bt Ind b6-L -,t00 10/00:93 08:33 FAX 801 4:,7 .~1AA D~i'I ,WrgoA.LGE ®U17~U17 development protects witttirt rho tCRC). The Planning Department shall aoCOttlpilsh tits above stated purpose by taking the following slrrp8; 1. isdvlse applicants of the pfirrnrts which Wray bs required; 2. provide applicants with eppllc9tion forms and descrfptlve Information provided by they rffected agendas; 3. assist applicants for permits under this nrdinence Itt filling out end completing eQency application forms; 4, Arcept appi(cerions and requisite fees on behalf of fire agencies; 5• fie ePpllCdttoru with the various agoncie9 nn behalf of the applicant for a kR0 permit; and, 5. ast;tst Applicants in preparing and dowmentinfl comnturticationa between thw agertclsa and the applicant. ~• When an apptigtion far a KRD permit requlre+s more than orro permit from a State or federal agency, the Planning Department shall coordinate Agency responses. In the event that agency approv9ls ere not obtained within a reasonable time, net to exceed 120 days, the Planning Depertrttent shall held a ~ordlrwtion hearing with the applicant and all effocted permitting agencies to fAeititate exchange of Irtformetion and to ensure the permitting epancit:s• requirements are reasonable and consistent. Should the Planning Departntan! determine an agency's requirements era unree~onable or that en agency has unreeaonably delayed the processing of the application the Planning ~tapsrtment shall assist the epptlcrrnt in pursuing the appeals process prescribed by statute or regulation. Sueh assistance shall Inc;iude, but is not limited to, offering testimony st 8geney hearings ar ccurt procoedings, and famishing arty retards or documents as rrray bo requlydci. The Planning Department shall not charge a fee to the appNcant for such esslstanc~e, unless the reyueet far assistattee Is i±gpif unreeaonable. Pdge 6 60 'd 5I98Z9ZL06 'ON Xb.~ X310 fldX 0£ ; b I I N.d b6-L -x,00 MEMORANDUM DATE: October 21, 1994 TO: Planning and Zoning Commission FROM: Robert Springer, Building Official SUBJECT: SUGGESTED ORDINANCE REGARDING QUASI- INSTITUTIONAL HOUSE doff ffdtdnf drdetdrd-tdrtdrdnfldtdt<tdridr drdrtdrdrdrd; drdtdrdrdtdrdrdnfdtdr dtdtdrdrdrdtd-~~lArinlrAnlrtlriAtirQvtk~kt~ttlrirtt~lri~ltnYtlnY In regards to recent concerns within the City concerning halfway houses in residential zones. I would recommend the Planning and Zoning Commission develop an ordinance similar to AMC 21.35.020 97. a. & b. which refers to Quasi-institutional houses and states: "Quasi-institutional house" means a residential facility located in a structure or residence or any living unit thereof designed, used or intended for use as a human habitation, the principal use or goal of which is to serve as a place for persons seeking rehabilitation or recovery from any physical, mental, emotional, or legal infirmity , or any combination thereof, in a family setting as part of a group rehabilitation and/or recovery program utilizing counseling, self-help or other treatment or assistance. Aquasi-institutional house that establishes or maintains a contractual relationship with an adult corrections agency to accept persons in correctional custody and for which the contractual relationship did not exist at the same location and at the same or higher number of beds before June 2, 1992 shall not: a. be located in a residential use district; and b. house residents convicted of a felony as set forth in AS 11.41, Offenses Against the Person, in this state or of an offense with the same or substantially similar elements in another jurisdiction, unless that person has successfully completed all conditions of parole and probation and is no longer under supervision of any federal, state or local authority. I believe a similar ordinance specific to the City of Kenai would address some of the issues citizens have voiced regarding the possibility of such a facility in Kenai. WOULD P&Z WISH FOR STAFF TO DRAFT AN ORDINANCE TO REVIEW AT A FUTURE MEETING? i o. 1 fl. O4 Oa: 1 ® ~~ ~rV~. wxfi sLL'~d. QTY poi 9d. a "planned unit devalopsosnt" it a Qor~ditSos~al use granted by the piatsrinq •and Zoning Cotom~irsion !or a us• or combination of uses, the plan for ~vhioh s-ay not conform to the reputations setabliohed its any one ar more sotil.n0 districts with ssspeat to lot sine, bulk, type of user dins ty, lot coverage, height er required epen'spaae. 96. "protessien" mean^ an occupation wbiah requl.res the psaotioe of a l4arned art thsough sneoialised knowledge based en a degree issued by an institute e# higlsar laas~tittg. fig. "lroparty lit~eM means a demarcation limit of a lot dividing it lrem ether lots or parcels et land. 97. "Quasi-institutional house" soaane a residential facility located is a struot~ro or residanoe or any living unit thence! desiQnad, used or intended !or nee as a hukart lubitatien, the principal ure or goal o! vhieh ie to nerve as a place for persons seeking rehabilitation or recovery lrom any physical, mental, emationai, or legal infirmity, or any combination thereof, its a lamily setting u put of a group rehabilitation and/or reaavery pr am utilising oounseiinq, .rel!-help or other treat~atent or nssistanve. ~ Quasi-inatitutionsl hour that ostaiaiislus or maintains a oantraotual relationship with an adult oorreotiona agency to ~o~sppt parsons in aorreotional custody and !or vthioh the eortraotuai relationship did net exist at the •ame locatiots cad at the same or higher number o! beds before Jun. z. Z99Z shall rot: a: be looatad ir- a rasidentiai use distriatf and b. house residents vvnvicted o! a felony as 4 seL forth is- I-8 ii.i1, Otterser Against ~ flee Porrer~, in thi• atat• or o! an olSens• with the satoe or aubstsatially aimila= oiements in another ivrisdiotion, ussles• ~ ttiat person bar sucvesslully completed all conditions o! parole and probation and is no~ longer under supervision o! ~+Y ledarai, rtate or fecal authority. Ati[C Z1.3D.OZG 21.35-16 •(eupp. is9 6/30/9?) ITY ~ °~" C QF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~~an 'II~II 1992 MEMORANDUM TO: Jack LaShot, City Engineer FROM~ary R. Graves, City Attorney DATE: October 14, 1994 RE: Salvador/Junk Cars In order to get a conviction for violation of the "junk Car" ordinance, we must prove a violation by evidence beyond a reasonable doubt. Based on the photographs alone, I don't think we could get a conviction. Although I think the bus does in fact meet the standard fora "junk car," I don't think we can prove it beyond a reasonable doubt. In my opinion, the photographs show a bus, which may or may not be operable, with a lot of junk stored in it. We have to prove it is, in fact, inoperable under the ordinance. I am not sure we should give up yet, however. I think there are some ways to get more evidence regarding the bus in questions. First, is the vehicle licensed with DMV? Second, are the tires flat? If so, for how long? Third, you might call Mr. Salvador to talk about the problem and ask him if the bus is operable. Let me know if you come up with anything else. CRG/sp I~I3'Cjc.J _ l~.iS~ot _ r~13~R~1 ~T _ i....~Jho~ Sal va do~r ,~1 ~-ad a~-. .~ ~~ - --- - -~ ~v~ .,~ . __ . AGENDA KENAI CITY COIINCIL - REGIILAR MEETING OCTOBER 19, 1994 7II00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call . ~~,l~G~,C 3. Certification of October 4, 1994 Election 4. Councilmsmbors Oaths of Office ~5. Election of Vice Mayor ~, 9~~, 6. Agenda Approval ~ ~ 7. 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 PIIBLZC COMMENT (10 Minutes) 1. Dorothy Gray - Proposed Projects/Townsite Historic Board. C. PIIBLIC HEARINGS ~~~~~ ~ 1. Ordinance No. 1606-94 - Increasing Estimated Revenues and Appropriations by $39,500 in a New Capital Project Fund for an Environmental Site Assessment of Lots 13 and 14, Cook Inlet Industrial Air Park. ~~~~ ~. 2. Resolution No. 94-64 - Supporting National Unfunded Mandates Week, October 24-30, 1994. ~~~2=~~/ 3. Resolution No. 94-65 - Awarding a Contract to ~/~~~~eoEngineers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project ~ for a Not-to-Exceed Amount of $27,580.00. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission .. -~ ~L+ -1- 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 October 5, 1994. F. G. OLD BII8INE88 H. NEW BII8INE86 1. Bills to be Paid, Bills to be Ratified `2~~~~ 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1609-94 - Increasing Estimated Revenues and Appropriations by $2,100 in the General Fund for Dances at the Teen Center. 4. *Ordinance No. 1610-94 - Amending KMC 1.90.050(b) of the Standard Procedures for Boards, Commissions and Committees. 5. *ordinance No. 1611-94 - Amending the Qualification of Arbitration Panel Members in KMC 23.35.032(b). 6. *ordinance No. 1612-94 - Reallocating Appropriations Between the Congregate Housing and FAA Road Capital Projects Funds. 7. *Ordinance No. 1613-94 - Amending the Official City of Kenai Zoning Map for Certain lands Described as S2 Sec. 11 Excepting the Kenai River, SE; SE; Sec. 10 East of the Kenai River, E2 NE; Sec. 15 East of the Kenai river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. ~"~ 8. Discussion - Kenai Peninsula Caucus/1995 Statement of ~~/'~/9`~~~~ Legislative Positions. Q _,9. Discussion - Safety/Voluntary Inspection. -2- ~~ ~ ~v~/ 10. Discussion - Contract Amendment/Alaska Courthouse ~~ Site - Contaminated Soil Remediation. il. Approval - Special Use Permit - Kenai Air Alaska, Inc. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISBION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- _.,. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA OCTOBER 24, 1994 7:30 P.M. Tentative Agenda John HammeLnan A. CALL TO ORDER Areawide Tam Expires 1996 B. ROLL CALL ~~ vi«c>~ir>,~n C APPROVAL OF REGULAR AGENDA AND ADOPTION OF xeasi city Tam Expires 1995 . CONSENT AGENDA Ana WhibmorePainter Padiameotarian 1. Time Extension Requests Moose Pass Area Term Expires 1997 a. Baron Park Addition No. 9 Peggy G.13oscaa, KPB File 91-103 PC Member Seldovia City Tam Expires 1997 Location: Kenai Spur Highway and Marathon Road, ~ City of Kenai Seward city Term Expires 1996 b. Carrol Martin S/D No. 2 Robatc~utts KPB File 93-144 PC Member Arxhor Point TermExpirrs 1995 Location: Kalifornsky Beach Road and Bridge Access Road wea cole~n PC Member solaotoa c;ty c Section Line Easement Vacation Plat Associated with Term Expires 1996 . Carrol Martin Subdivision No. 2 ~vG~"~y KPB File 93-144 PC Member Homer City Term Expires 1995 Location: Kalifornsky Beach Road and Bridge Access Ellis Hensley, Jr. Road PC Member Nikiski Tam Expires 1996 2. Plats Granted Administrative Approval Debra Home ~~ ~ 3. Coastal Zone Management Consistency Reviews -None r Tenn Expires 1997 4 Informational Items Tom Knock . PC Manber Coops Landing Tenn Expires 1995 a. Conclusive Consistency Determinations 1 Don Gilmu4 Mayor Richard Troeger Planing Dircdor Maria Sweppy Administrative Asst. b. Kenai River; Dredging; Salmon Run Subdivision; Becker; AK 9409-03AA c. Sterling; Lower Skilak Lake Campground Improvements; U.S. Fish and Wildlife Service; AK9408- 17AA d. Statewide; Aquatic Farming GP/91-7M; Army Corps of Engineers; AK9409-02PA e. Kenai River; Residential Floating Dock; Dere; AK 9409-13AA f. Kenai River; Tree Cutting and Cabling; Thompson; AK 9409-33AA g. Anchor Point; Timber Harvest/Detailed Plan of Operation; Columbia Vista Corporation; KK 94-13 h. Public Notice Kachemak Bay 160 -Support information only i. Public Notice Kenai Peninsula 4 -Support information only j. Kenai Planning and Zoning Commission September 28, 1994 Minutes k. Kenai River Property Owners Association's Proposal for Ordinance 94-52 5. Commissioner Excused Absences a. Bob Clutts b. Peggy Boscacci 6. Minutes a. October 10, 1994 D. PUBLIC COMMENT AND PRESENTATIONS 1. Ken Tarbox, Alaska Department of Fish & Game 2 E. VACATIONS NOT REQUIRING A PUBLIC HEARING -None F. SPECIAL CONSIDERATIONS 1. An Ordinance Authorizing the Sale of Ten Parcels of Borough Land by Sealed Bid Pursuant to 17.10.100(F) Followed by an Over-the-Counter Sale Pursuant to 10.10.100(IT) G. CONSIDERATION OF PLATS 1. Celia Subdivision; Clam Gulch; Preliminary; McLane & Associates; KPB File 94-144 . 2. Panoramic Park Part 3; Whisper Lake; Revised Preliminary; McLane c5L Associates; KPB File 94-120 3. Krager S/D; North Kenai; Preliminary; McLane & Associates; KPB File 94-152 4. Sunrise Mountain; Brown's Lake; Preliminary; Integrity Surveys; KPB File 94-145 5. Anderson 1976-Kapingen Unit 3 Replat; Homer City; Preliminary; Roger Imhoff; KPB File 94-147 6. Chiniak Part Two; Kenai City; Preliminary; Whitford Surveying; KPB File 94-149 7. Johnson S/D No. 3; North Kenai; Preliminary; Whitford Surveying; KPB File 94-150 8. Foss Acres; north of Homer; Preliminary; Swan Surveying; KPB File 94-153 H. COASTAL ZONE MANAGEMENT -None I. OTHER/NEW BUSINESS 3 J. ASSEMBLY COMMENTS K. DIRECTOR'S COMMENTS L. COMMISSIONER CONIlvIENTS M. ADJOURNMENT The next regularly scheduled Planning Commission meeting is November 14, 1994 at 7:30 p.m. in Conference Room B at the Borough Administration Building in Soldotna.