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HomeMy WebLinkAbout1991-04-24 P&Z PacketKENAI PLANNING & ZONING COMMISSION UNAPPROVED ****April 24, 1991**** City Hall Council Chambers HT�" z I 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES,- April 10, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD. S. PLANNING a. Application for Development in TSH Zone Thomas & Kathryn Tomrdle 6. NEW BUSINESS a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD b. Petition to Vacate - Lots 5 & 6 Dragseth Subdivision 7. OLD BUSINESS CONTINUATION OF PUBLIC HEARING a. Res PZ91-7: Conditional Use Permit Application - Jerry & Evelyn Huf b. Comprehensive Plan Review and Adoption - Tentative Schedule a. REPORTS a. City council b. Borough Planning C. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - April 17, 1991 2. KPB Planning Commission Agenda - April 15, 1991 3. Alaska Planning Association Newsletter 4. Article Regarding Property Owner Rights 5. Resolving Common Platting and Zoning Problems #17 Seminar 6. Letter from Alan Boraas 11. COMMISSION COMMENTS & OUESTIONS 12. ADJOURNMENT 1. ROLL CALL Present: Commissioners: Staff: 2. APPROVAL OF AGENDA KENAI PLANNING & ZONING COMMISSION April 10, 1991 City Hall Council Chambers Phil Bryson, Chairman Phil Bryson, Tom Murphy, Kathy Scott, Duane Bannock, Saylor Rehm, Art Graveley, Hal Smalley Jack La Shot, Kim Howard, Loretta Harvey 3 Chairman Bryson noted that item 6b. Application for Lease Lot 10, BL 2. Cook Inlet Industrial Park, was inadvertently left out of the packet and had been hand carried to the meeting. Also there was an addition of 6c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1. TSN. R11W. S.M.. AK MOTION AND VOTE; Commissioner Murphy moved for approval, as amended. Commissioner Scott seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - March 27, 1991 MOTION AND VOTE: Commissioner Rehm moved for approval of the minutes as presented, seconded by Commissioner Graveley. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD, 5. PLANNING a. Res. PZ 91-5: Resubdivision of Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK, C -Plaza Subdivision Jack La Shot, City Engineer, explained that this resubdivision was intended to eliminate one property line to increase the size of the lots. Commissioner Scott asked if La Shot could give the vicinity of the plat, and if it fronted the road to North Kenai? La Shot explained that the plat was the C -Plaza located on McKinley and 2nd, and that it fronts the North Road. MOTION AND VOTE: Commissioner Bannock moved for approval of Res. PZ 91-5, relocating lot lines on Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK. Seconded by Commissioner Graveley. Passed Unanimously. b. Res. PZ 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement Vacation, Dragseth Subdivision KENAI PLANNING & ZONING COMMISSION Page 2 La Shot reported that this was also elimination of lot lines and establishing new ones and also vacating a utility easement. Located off Cannery Road near Dragseth Subdivision. MOTION AND VOTE: Commissioner Graveley moved for approval or Resolution 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement. Commissioner Scott seconded. Passed unanimously. 6. NEW BUSINESS a. Res. PZ 91-7 - PUBLIC HEARING - Conditional Use Permit (CUP) Jerry and Evelyn Huf La Shot introduced the application by explaining that the owners were requesting a CUP for the property which fronts on Beaver Creek. The location of the property is between South Ames and Beaver Creek, and the owners wish to establish a cabin and boat rental on that property. Jerry Huf explained that he owned a 2-1/2 acre tract on which he proposed to build 4 (16 X 20) cabins and rent boats along with these cabins. Huf has submitted a vacation of easement application with the Borough. The original easement was for a road, that part of the property would now be used for parking and a tree buffer. Chairman Bryson then opened the meeting to a Public Hearing. Harmon Hoffman, 635 Dolchok Lane, which is on the creek and east of the tract. Harmon presented a petition of 15 names of residents who are opposed to the CUP. The reasons of opposition were that the area is currently residential and the subdivision he resides in has covenants controlling and refusing this type of use. Hoffman expressed concerned that the creek is small in that area and that there could be pollution problems from the boats accessing the river there. He also voiced concern about the influx of people coming into the area to use the cabins, and the garbage problems this might create. Joanne Fleetwood -Smith - read a letter of opposition for the CUP and presented the letter to the Commission (See attachment 1.) Pat Fleetwood - representing herself and Alvin Fleetwood, read a letter of opposition for the CUP and presented the letter to the Commission (See attachment 2.) Glenda Feeken - Remax of the Peninsula, stated that a builder was considering buying several lots in that area and the sale might be impacted by it becoming a recreational area. She felt that people viewed that area as residential not recreational, and urged Commissioners to take a hard look at how this CUP would impact all the homes in that subdivision. Rona Hoffman - 635 Dolchok Lane - Stated that she was strongly opposed to the CUP, for similar reasons which had already been noted. She was concerned that it was an unsafe area for boats and that the noise and activity would have a negative impact on the current residents. KENAI PLANNING & ZONING COMMISSION Page 3 Jerry Huf - Stated that he has lived in Basin View Subdivision since it was established and has watched the development of that area and feels it has already taken a turn in the direction of a recreational area. He proposes that his development was for only 4 boats and felt this would not affect the area. He also plans to build a home on the site within two years so he intends to keep the site well maintained. He added that if the neighbors have a problem with people or traffic he would be willing to build a fence on that property. He planned to install a floating dock to keep pedestrian traffic from eroding the creek bank. Hoffman - asked where the boats would be parked. Hoffman was afraid if the CUP was granted that Huf would begin charging a fee for other people to access the creek and traffic would increase, increasing wear and tear on the creek. Hoffman was also concerned that this permuit, if granted, would decrease the value of his home. Huf stated that he has a permit pending with the Corp of Engineers (COE) and they would not issue a permit for a boat ramp in that area, if they felt it would harm the environment. Commissioner Bannock asked if the permit for the dock was denied, how would Huf's plans be affected? Huf replied that if the permit were denied the boat rentals would probably be out, but he would still have the cabin rentals. He didn't foresee a problem with the permit, since quite a few people in that area already had floating docks, which the COE had allowed. MOTION: Commissioner Murphy moved for approval of Res. PZ 91-7 - Conditional Use Permit - Jerry and Evelyn Huf. Commissioner Graveley seconded. Commissioner Scott told the Commission that she was currently a resident of Basin View Subdivision, but was not within the 3001 public hearing notice criteria S3 e wa aware that a petition had been circulated in Basin View, but had not 6gaid petition and she asked the Commission if it would be a conflict of interest for her to vote on this issue. Chairman Bryson said that it was his opinion that Commissioner Scott was significantly detached from the development and that it would not be a conflict of interest. He asked for other comments from the commission or any objection. Hearing none, Bryson asked for further discussion on the item. Commissioner Murphy asked Huf to expound on his statement of that area taking a turn toward recreational? Huf explained that there were several CUP which had been granted by the City in recent years. One was for an RV Park and manmade lake across the street from his property, also there are numerous guiding businesses in that area. Commissioner Rehm noted that Beaver Creek was slow moving and expressed concern about the impact of additional boats on the creek and the hazards of boats entering the swift waters of the Kenai River from Beaver creek. Rehm also asked if the warehouse near Huf1s property was a commercial venture. KENAI PLANNING & ZONING COMMISSION Page 4 Commissioner Bannock recalled that the warehouse in question had come before P & Z last year and that it was not a commercial business. He recalled that similar arguments have been heard by the Commission in the past. He stated that development should be considered under the term "compatibility", which could be defined as "things that match". Bannock said that Huf 'a idea could be viewed two ways, as "a commercial development designed to make as much money as possibly, or as I choose to look at it in the compatibility definition in things that belong." He felt that boats and cabin rentals belong on Beaver Creek and the Kenai River. Bannock said he would like to know some things before making his final decision. He would like to know what covenants, if any, existed in this area. He felt that the floating boat dock was critical to Huf's plan, and if the Commission took action they would need to consider that. Historically the Commission has approved similar developments in that area. Commissioner Graveley asked Huf what the water level and width of river were in that area, and if their were residences on the opposite side of the creek from the proposed tract? Huf said that the water level is navigable most times of the year. The river is 20 to 251 wide and that there are no residences across the river, just wetlands. Commissioner Scott said that she was a relatively new member of the Commission and was not aware of past actions concerning such developments. She felt she would like more details before making her decision on this matter. Commissioner Bannock requested that Administration draft a list of CUP's granted in that vicinity in the past. MOTION AND VOTE: Commissioner Scott moved that the commission postpone action on the CUP until the next meeting. Commissioner Murphy seconded. Passed unanimously. Chairman Bryson noted that the Public Hearing would be continued at the April 24th meeting. b. Application for Lease Lot 10, BL 2, Cook Inlet Industrial Park. Kim Howard, Administrative Assistant introduced the Application. The applicant was Jova Enterprises, doing business as Hertz. She asked what P & Z's recommendation to Council was regarding this lease. MOTION: Commissioner Bannock moved for approval of Application to Lease Lot 10, BL 2, Cook Inlet Industrial Air Park. Commissioner Graveley seconded. Passes unanimously. KENAI PLANNING & ZONING COMMISSION Page 5 C. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1, TSN, R11W, S.M., Alaska Chairman Bryson introduced the Petition and noted to the Commission that the Borough had already approved this vacation, and the City Council now had thirty days to veto that decision. The Planning and Zoning commission was being asked to make a recommendation to Council concerning this Vacation. MOTION: Commissioner Bannock moved for the Planning and Zoning Commission to recommend to Council approval of the Petition to Vacate. Commissioner Graveley seconded. Huf explained that this easement was intended by BLM for a road, at one time and that the road and utility easement were no longer needed. He felt that 50' was excessive and there was presently plenty of public access to Beaver Creek in that area. Chairman Bryson stated concern about losing access to Beaver Creek in Basin View Subdivision. He felt that the width might be reduced, but felt some type of access should be retained. Commissioner Murphy asked if there was any access to the creek in Angler's Acres? La Shot said he believed that there was still access in Angler's Acres, at the site where Fosters had, at one time, proposed a boat ramp. La Shot said he felt that the Petition to Vacate should also be reviewed by the Parks and Recreation Commission. Commissioner Bannock addressed the Alaska Department of Fish and Game's comment which requests that the borough provide a trail easement. Commissioner Bannock asked how wide a trail easement was and if Huf would find that trail easement acceptable? Chairman Bryson suggested 10 - 20 feet, which would significantly reduce the current easement. Huf said he would not be opposed to a trail in that area, but would be concerned over the impact on the river bank, if a public trail exists. AMENDED MOTION: Commissioner Bannock amended main motion to reduce amount of the roadway and utility easement to 10 feet. Commissioner Graveley seconded. Commissioner Murphy noted that under the Findinas of Fact section in the KPB Planning Commission minutes, number 3, there appeared to be plenty of existing access to Beaver Creek in that area. VOTE ON AMENDED MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. VOTE ON MAIN MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. KENAI PLANNING & ZONING COMMISSION Page 6 7. OLD BUSINESS a. Development in TSH Zone - Steven J. Peloza Chairman Bryson explained that the application for this development had been approved by the Commission at their March 27th meeting. objections were raised to this application at the City Council Meeting of April lst. Chairman Bryson then asked Councilman Smalley to give a report regarding this Council's wishes concerning this issue. Councilman Smalley referred to the comments from the city Council minutes, which were included in the P & 2 packet. At the Council meeting Steven J. Peloza (the proposed business owner) was asked about other enterprises he had planned in the area. Peloza said that he planned to eventually have a salmon bake, horse back rides and outdoor arts and crafts shows, he added that he realized any expansion from his original application would have to come before P & Z again. The Council was concerned about the proposed expansions of the enterprise and asked Peloza to return to P & Z so they could review his original application. Chairman Bryson read section of application under "Describe proposed activity: Arts and crafts gallery, landscaping, temporary fence, planting trees, painting lean-to a natural color. An additional application was submitted by the owner of the property, Michael W. Carpenter, which states under 'Describe proposed activity: Arts and Craft Gallery.' Chairman Bryson asked Peloza whether the application accurately reflects his intents, at this t e?" Peloza responded that it did, and he was aware that if he exladul on the original application he would have to come before the Commis=s*on again. Chairman Bryson then asked Peloza about specific points, which had been discussed at the Council Meeting. Chairman Bryson asked, "What about pony rides?" Peloza said he felt that horseback riding was compatible with that area, but was not planned at this time. Chairman Bryson asked about external art/craft displays? Peloza said not at this time. Chairman Bryson asked about painting classes? Peloza replied that he had approval for that. Chairman Bryson asked about salmon bakes. Peloza "not at this time," but possibly at a later time. Currently the plan is to market arts and crafts and small gift items only, and to go 100% by the, original approved application. Chairman Bryson, "Keeping in mind that the Planning and Zoning Commission is performing the duties of the Landscape Review Committee as delegated by the Council. Does the Commission wish, keeping in mind this is not a public hearing, it is not a zoning change, and it is not a Conditional Use, would they like to take public comment, at this time?" KENAI PLANNING & ZONING COMMISSION Page 7 Commissioner Murphy said he would like to hear public comment, with a limit on time. Chairman Bryson invited public comment with a 4 minute limit. He suggested that if the speaker wished to exceed the time limit, they request permission from the Commission before presenting testimony. Commissioner Bannock said that he would agree to public comment, but wished to know what would be accomplished by this. Chairman Bryson felt that by seeking comments from the public the Commission would decide whether to reconsider its prior action on this item. Keith Nickels, Soldotna, stated that he felt an Art Gallery belonged in a site specifically designated for commercial use, such as a mall, not in a religiously significant area. Peloza said he had researched that area for approximately a year and a half and felt it was an appropriate location for this business. John Douglas said that this was an obviously sensitive area to the history of Kenai and the Kenai Peninsula and the Orthodox community. He felt that this was the first retail business in that area. The area is a burial ground and he felt that the community should not allow a commercial development in that area, it should be left as it is. Iona Wilson - 1501 Bluebell Lane, did not think a commercial enterprise would be appropriate in that area. The Church and Chapel are part of the rich cultural heritage of Kenai. She felt that it is very important to retain local heritage. Harry Connor, 30 year resident of Kenai, has known Peloza for about a year and supports the idea of an arts and crafts gallery in that area. He felt that Peloza would restore that area and improve the site. Bob Schmidt, Kenai resident since 1948, agreed that Kenai needs an art gallery, but though it should be in an area designated for commercial use only. He added that the area around the Orthodox Church was not a place for businesses it is a sacred burial ground. Romaine Walters, artist, 10 year resident, feels that local artists need a place to display their original work. A lot of the artists will be natives and the craftsmen need a place where original works, native crafts, etc. can be displayed and sold. The area is a beautiful spot and feels that it will benefit the neighborhood. Michael Carpenter owner of the property in Dolchok Subdivision, said he owned the property since 1981. He has given Peloza a 1 year lease to make his business work or he is out of the building. Kathie Tomrdle said she was in favor of anything that brings people into Old Town, that would keep that area alive. Becky Tromblee owner of a day care in area said that Peloza had approached her about a gift shop. She became concerned about the addition of pony rides, flea markets, etc. she was concerned about preserving the native heritage of the area and the Russian Church population, which is small but historically significant. The parking would also be a problem and extra traffic on the streets in Old Town, which are already in poor shape. Dale Osborne felt that the community should resolve to preserve an historical part of the Community. The traffic would be a big problem. He was strongly opposed to this development. KENAI PLANNING & ZONING COMMISSION Page 8 Tom Tomrdle Old Town resident and member of the Old Town Committee. He felt that the guidelines for an art gallery fit into the criteria for Old Town development. Jim Bookey respected the significant heritage of the Church, but felt that the Gallery would not be a problem if executed as presented. Barbara Waters, 3111 Kahlua, said she had no objections to this project but was concerned about the parking situation. She felt that businesses had already been allowed in Old Town, such as an accountant and daycare. Oldtown is a beautiful area and Peloza intends to clean up the area which would enhance Old Town. a� ha ura, Russian Orthodox, felt that people were taking this situation too lightly. She said that her church is like her soul, and that the community has used the church without benefit to the church. She begged the Commission to support the Church and keep the heritage and traditions. She said she feels that the Church is not being handled properly, and asked Commissioners to consider the preservation of the Church very carefully before they destroy it. Reverend Targonsky asked if the City of Kenai had received a letter from Department of History and Archeology, and the Kenai Historical Society and asked that they be read into the record. (See attachments 3 & 4.) Targonsky asked to share comments which had been made by attorney Robert Cowen who had served on the Old Town Committee and helped draft the original Ordiance for the TSH Zone. Cowan had told Targonsky that this Ordinance, (on which this application is based), the intent was to permit intermingled uses into the historic zone, the intent was that next to the church that should be the strictest zone. commercial, general and retail Commercial, professional, and residential would all be allowed, but none of these would propose to open for business near the church, because of their respect for the Church. Current businesses in that area have provided adequate parking, the day care business was begun before the TSH zone was established. There is no sign for the daycare, which would indicate that it is a business, it looks like a private residence. None of these businesses effect the operation of the Church, in any way. Targonsky was concerned that Peloza had already cut down some trees, which he felt might be on Church property. The original ordinance was never intended to allow retail business in that area. Not opposed to art gallery, there is currently another gallery in Old Town. Kenai Historical Society has been contributing to the renovation of the chapel in the past few years and is currently in the process of fixing the roof. Targonsky stressed that a retail business does not fit in that area, and he fears a precedence will be established if this development is allowed, and other retail businesses will be established near the church. The Church would like the Carpenter residence to remain private, or a low key business, which caters to one client at a time, not a lot of customers coming in and out. If this development is allowed, the Church will challenge the intent of the ordinance which governs the TSH zone. There is a cultural center being built in Old Town now, which will provide room for native art and cultural exhibits. Targonsky felt this center would offer an option for local artists, and he wants the area to retain the historic value of the church. He then asked the commission to rescind their decision in approving Peloza's application, he said he thought that Council had the final say on this matter, but he hoped that P & Z would reconsider their decision. KENAI PLANNING & ZONING COMMISSION Page 9 Chairman Bryson explained to Targonsky that the Council would only review the P & Z's decision if there was a written appeal submitted to them. Jean Howard, real estate specialist said that Peloza has been in contact with Targonsky since he began his project. She felt that his proposal would enhance the area and subdivision. Chairman Bryson read the letters which were requested to be read into the records (see attachments 4 and 5). Mrs. Shadura added to her testimony that traffic in the area would disturb the church services. She said the congregation loves its services and would like to have them in peace, Chairman Bryson asked if there was further public comment and seeing none, brought it back to the Commission. Bryson acknowledged that any party that disagrees with the Commission's decision on this issue, has the right of appeal at Council level. This appeal should be in writing. Commissioner Scott noted that Targonsky mentioned an ordinance which was adopted in 1987, is this code number 14.20.105? Chairman Bryson answered, "yes, to my knowledge." Commissioner Scott said that the Commission had examined the Code at the previous meeting and found that there was nothing in the application which was in conflict with the existing code. Scott felt that a request had been made that the landscaping plan come back to the Commission for review, but this was not reflected in the previous minutes. She asked that the tape of previous meeting be checked for this request. Chairman Bryson said that the tape had been inaudible. Commissioner Bannock said that he had brought up the suggestion that Peloza's landscaping plan be reviewed by the Commission, (acting as Landscaping Review Board.) Bannock said he felt a lot of this problem could have been eliminated by the involved parties not sharing ideas which are not a shared vision. Bannock also felt this was not a church issue and did not invade the National Historical Landmark (NHL) criteria. He also felt that the media did not accurately report the Commission's decision, which added to the controversy. The issue of parking had already been addressd by the Commission and they felt that the parking problem already exists and would not be compounded by the opening of this business. Bannock said that he uses two criteria to make planning and zoning decisions; enhancement and compatibility. "I feel that the applicant's idea here, is both an enhancement to the Old Town of Kenai and I also feel that it is very compatible, I stand by my decision of last week, and I hope, Mr. Peloza, that you do not let me down." Commissioner Scott asked what penalties Mr. Peloza would suffer if he violates his application? Chairman Bryson responded that no penalties are built into the ordinance as such, he presumed it would take a civil action. Councilman Smalley asked to respond to that comment. He said that the Council had discussed this issue and compared it to a Conditional Use Permit, if an applicant is in violation, it is brought before Council for review and if Council substantiates the violation the City would pursue legal action to make correction of the violation. KENAI PLANNING & ZONING COMMISSION Page 10 Commissioner Scott was concerned over a comment that Peloza made. The Commission has approved the application as stated, in further comments by the applicant things have been added which may be construed as an amendment to the application. Scott was concerned about the addition of outdoor restrooms and wanted to make sure Peloza understood if these items were added, he Would have to come before the Commission again. Councilman Smalley said that the comments Council brought up when suggesting that this proposal come back to P&Z, were that this body, in reviewing this matter, be sure that the language is spelled out specifically, as to exactly to what has been approved. At this time the application is approved, but the applicant needs to know specifically what is allowed. Chairman Bryson asked if the house was served by City sewer? Mike Carpenter responded that when the City installed the sewer line to the sewer plant, they asked to come across the property. The original owner, Dolchok had told Carpenter that he had made a deal with the City for the home to be connected to that sewer line, but this was never done. Commissioner Scott noted that the application did not have a placed to indicate whether there were proper utilities on the sight. She was concerned that the Commission may need a more complete application, before making a final decision. Chairman Bryson asked if their were requirements that such a development provide public facilities? La Shot said that the sewer system in that area was a pressure system and would be difficult to access by property owner. Commissioner Bannock said he was not aware of any ordinance which requires that water and sewer services be provided. Chairman Bryson said his question was intended to address the possibilities of a port -o -potty on that site. Commissioner Bannock said he would definitely object to port -o -potties, because they would detract from the site.' "I., - t�� 4�� in the Chairman Bryson said he felt)�heroetejr'e three itemd- include .application which (1) painting classes, (2) outdoor art displays and (3) outdoor bathroom facilities. Councilman Smalley recommended that the City Attorney be asked to review legal aspects of having port -o -potties on property. Commissioner Rehm felt that the commission was losing site of old Town. He asked if the body could look at Peloza's business, he feels that the project would enhance the District but would like to see first hand what is there. Chairman Bryson had planned to meet at the site before the meeting but City Administration felt this would be in violation of open meeting laws. Commissioner Bannock said that the Commission made a decision two weeks ago and felt that if anyone wished to rescind that action, they should speak out or the Commission should move on to other business. KENAI PLANNING & ZONING COMMISSION Page 11 Commissioner Scott said she stood behind her initial approval but wanted the applicant aware that he is required to follow the application to the letter. Commissioner Murphy said he missed the meeting when Commission voted on this issue, and by Robert's Rules of Order, he could not move to rescind that decision. He felt that a retail business so close to the church detracts from the monument. If the Commission wishes to enhance the local history he feels that a retail business in that area is neither compatible or an enhancement. Commissioner Graveley said that the applicant never brought up anything about salmon bakes or horse rides. He said he had no intention of changing his mind about approval of application as originally submitted. The application was approved for: "Arts & craft gallery, landscaping, temporary fence, planting trees, painting lean-to to a natural color." Chairman Bryson asked for additional comments from the commission, and asked if anyone had intent to move that the Commission reconsider the application. Councilman Smalley asked the Chairman to explain the process of appeal once again. Chairman Bryson told persons present that if a person feels damaged by the action taken tonight, they can submit a written appeal and it will go before City Council as an adjustment item. Council may rule on the appropriateness of P&Z's decision and override that decision if they find it to be inappropriate. Peloza asked if he could open his business? Chairman Bryson said that the Commission's opinion is that the application is approved at this point. Peloza could operate unless the Council rescinds the Commission's decision. Father Targonsky said he would be filing an appeal and wondered if it would be heard on April 17th, at the Council meeting. Mayor Williams wished to make a statement with regards to any future hearings which the Council may enter into on this matter. If a grieved citizen petitions the Council for a rehearing of this matter it will not be heard at the April 17th meeting, giving just due to the needs of the Public for input, this would be scheduled for the first meeting in May. So if the Council rules to hear this on appeal it would not be heard before May. 8. PERSON PRESENT NOT SCHEDULED 9. REPORTS a. City Council Councilman Smalley referred to Council Agenda contained in the packet. Under Item c. the Library will be open on Sundays for a trial period. The approval under h.4 on the Lease Lot 4, BL 10, Etolin Subdivision #3, was the Plumbing and Heating establishment which was approved pending legal research to be sure that the apartment in that complex was allowed by Code. That research had been done and the application was approved. KENAI PLANNING & ZONING COMMISSION Page 12 b. Borough Planninq Chairman Bryson noted items which effected the Kenai area. One was the Cook Inlet Oil & Gas Lease, area has been previously leased and will be reviewed at an upcoming work session. The other item which will also be considered at the upcoming work session would be the timber harvest in Jackaloff Bay. c. Citv Administration 10. INFORMATION ITEMS a. City Council Agenda b. KPB Planning Commission Agenda 11. COMMISSION COMMENTS & OUESTIONS Commissioner Scott asked that more information be included in packets in the future on projects that the Commission will be reviewing and ruling on. 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, Loretta Harvey Transcribing Secretary J. 199 BICENTENNIAL ENNIAL TO: Planning and Zoning Commission CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 FROM: Jack La Shot, City Engineer DATE: April 16, 1991 RE:- Development in Townsite Historical District STAFF REPORT Applicant: Thomas & Kathryn Tomrdle 904 Cook Drive Kenai, Alaska 99611 Proposed Activitv: Construct a 301X401 metal building and remove a shed and log outbuilding. Discussion: The applicant proposes to utilize the new building for storage of equipment, gear, and materials from his property and used in his fishing business. Also, he will remove from the site a log outbuilding and shed. KMC 14.20.105 should be reviewed thoroughly prior to ascertaining whether the intent of the zone is being met. The Code specifically discourages the construction of metal buildings and recommends that the removal of any historical material be avoided when possible. The Code also, however, would appear to allow new construction that does not violate the historical character of the surrounding buildings or of the historic district as a whole. V J'A A 10A APPLICATION FOR DEVELOPMENT TOWNSITE HISTORICAL (TSH) ZONING DISTRICT Date: 4- 1 q I 1. Applicant: 2. Address: ?n -P-)Ls-A 4:;iS Phone: q 43 KMING DEPT. 3. Describe proposed activity: C4 t7tf 141, 4. Legal description of property: L4 5. Signature of legal owner of property: aywx tN A b� 'to� (� 6. Signature of applicant: If 7. The Planning and Zoning commission will review the application for development in the TSH zoning district upon the applicant's demonstration that all of the following criteria are satisfied. (1) Application signed by applicant, and if leasing the premises, co-signed by the owner indicating type and nature of business. 2) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color. (3) Site plan complying with the development criteria of this chapter and drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. City of Kenai Planning Department Comment Sheet SUBDIVISION ciC i-- /./r1�C � .�Z 1 JZ✓YLra-. C /�c°1:!Gc ADMINISTRATIVE COMMENTS CITY ENGINEER -Ttv(et �j j,e A �-v,e,�4 r�.� �,cc�` 1� ;;.,.j Lor` � I r�.���. �e -i-l1e � 6ac� .bu.i f +y�T�. #-c-o g�c :-4� s . l�,e_ o .f r �- 1)4. Z5-fe,-(0j t 17 ' '�,%jj.-. - /S,zo. /05 ,.-7 � �.•� �� a roc t' � f, :.�� � tb �� /�-r: -� j _ ;��� v� ` �� � JGK BUILDING INSPECTOR ',l '� `'•— ��,�,a�r.c'i—r"' ��� tj�y,,gr:�.. f 1 t vL<�s' �j L e ^c 2 i .J �v� i t. vvL c= � V PLANNING COMMISSION r r i I I , I 1 i 111 ' r jj ' 1. 1 a i - -- -- -- ---- ---_ _ -- r OcK I � I 211 j 1 j tit r i I I I ! � i r i I i r I 1 E i r , -g c co E Q� co February 27, 1991 Thom Tomrdle P.O. Box 4158 Kenai, AK 99611 RE: 30' x 40' x 14' P.O. No. W5-3288 Ladies and Gentlemen: This is to certify that the above -referenced structure is being designed for a roof live load of 40 psf on the horizontal projection in addition to the dead load. It is also being designed for a wind velocity of 90 mph, Exposure B. These loads are being applied in accordance with UBC, 1985 edition. This certification covers the LL/WL you requested. WedgCor, Inc. makes no claims or representations as to the adequacy of the design loads on the building components you have ordered. It is your responsibility to contact your city or county building officials to determine if the specified design loads you requested are adequate for your geographical area. If you are unfamiliar with the design loads required to obtain the necessary building permits, please contact your building official immediately and verify that the loadings you have ordered are correct and in accordance with your building official's requirements for obtaining the necessary permits. WedgCor Inc.'s limited warranty and engineering data are set forth in your PURCHASE ORDER, paragraphs 2, 8, and 10; or in your LIMITED WARRANTY and MANUFACTURER'S AGREEMENT, paragraph 1, 2, and 3. This certification covers parts manufactured and delivered by WedgCor Building Systems only and excludes such parts as doors, windows, foundation design and erection of the building. The undersigned project. is not the engineer of record for the overall WEDGC R TEEL ILDING SYSTEMS I Rama Adhikary Registered Professional Engineer lrsj/RA Enclosure: Limited Warranty Definitions & Common or CO 01 L p► �••* 49th $900694000004 •• • •••• ••• • • MUMA WWI Pract e,S: 1" 1 WORLD HEADQUARTERS • 6800 EAST HAMPDEN AVE. FACTORY LOCATION • P.O. BOX 110 DENVER, COLORADO 80224 • (303) 759-3200 JAMESTOWN, NORTH DAKOTA 58402 • (701) 252-7380 40 21 X 2 0-1 tn\cp',' 62 TRCC,0 31 Z�., 18 + 85 4 4Z7 TR + + 86 SELHAY-3 4 4 9 +WILHELM 10i BOUNDARY SURVEY 2 GU Y 0 LF WAY s TA + + 2 ARN4 10 11 1061% 1 1 l'- + 126 w 6 �'L'" 1 i EYE 3 7 3: 7 4 CITY P, K. SUB;) 6 MERIT AODN' 1 11 12- .127/ U. S S. 4J T 3 4A 5 u; A TP 8 13 T > lui 2 4C TR. B 07 B 4U 40 192 RE 4 U Y SUB�ADDN.i 4 �17T 18 156 2 1 1 lk 0X), TR 5 6 — TRA C ----------- — spu FRONTARD Ie ��bW TRI A 20 13 147 TR -ft 7 s P US5 1435 /13-- 1 1 e 9io 4 3 2 1 '5 S77 U.S FISH AND ove zi AVE 2 \1 M A R I N E (8) _44 0 1 WILDLIFE 5 4 T.. 4 0 2�� A 3 X 14 /\,7Ii�38A 10 (2 U-- 67 BROADWAY AVJ. 9 $1- kE< SCG,TR B- 03 L NISSULA \0A TR D 22 al I er R HIGmLAttlD 'D I 7 PENINSULA N I LA AVE (5) is R -O -W VACATE` /X691 168 (7 19 a 3 1 2, 1 No 2 zi PLAT 77j�:�:T--- PETERS0K'- 15 21 16 (f7 SUBD 2 1 172+ 173 7 4 U I -A r 4 jv A —7 9 10 10 6 (19 3 .41 ,,jN_pEST 174 It 5 MO 2 1 9a 6 U.S.S. 257 f 9 1XV, WEDGCOR,INC. BUILDING SYSTEMS (701) 252-7380 P.O. Box 110 • Jamestown, ND 58402-0110 ism NOTES: THESE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THIS BUILDING ARE NOT TO BE USED FOR ERECTION PURPOSES. THESE PLANS ARE FOR BUILDING DEPARTMENT AND AP- PROVAL PURPOSES ONLY. THE ANCHOR BOLT PLAN PORTION IS FOR CONSTRUCTION. APPROVAL DRAWINGS ONLY PRELIMINARY FOR BUILDING DEPARTMENT NOT FOR CONSTRUCTION M%R - 6 1591 NOTICE TO BUYER WEDGCOR ONLY SUPPLIES BUILDING MATERIALS MANUFACTURED BY WEDGCOR. YOUR DEALER IS IN- DEPENDENT AND NOT A CONTRACTOR OR AGENT OF WEDGCOR. INSULATION, ERECTION, OVERHEAD DOORS, ETC., ARE NOT THE RESPONSIBILITY OF WEDGCOR. r__ r POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, THOMAS J. TOMRDLE do hereby constitute and appoint KATHRYN A. TOMRDLE TRUE and lawful ATTORNEY for me and in mY name, place and stead, to conduct, engage in, and transact any and all lawful businessofwhatever nature or kind for me, on my behalf, and in my name: to sign. endorse, execute any documents; and I, the said THOMAS J. TOMRDLE do hereby ratify and confirm all whatsoever my attorney shall do or cause to be done, in or about the promises by virtue of this Power of Attorney. THIS Power of Attorney shall expire at Midnight on the 31 day of 1991 IN WITNESS THEREOF, I have hereunto set mY hand and seal this 4 day of March , 1991 STATE OF ALASKA ss THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of Ank- 1 19 C11 , before me, the undersigned Notary Public in an f th State of Alaska, personally appeared = &�n= <f' fiL�z . known to me to be the peon -named in the foregoing instrument, and acknowledged to me that kv- executed the same freely and voluntarily, for the uses and purposes therein contained. IN WITNESS HEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. (LJS2�0 ry -Public State of Alaska My Commission expires: _�Vq_:3 PETITION TO VACATE COMMENT SHEET SUBDIVISION U k'R 0 ADMINISTRATIVE COMMENTS CITY ENGINEER 6tl`,)ex /, J /,�,' � �� �'r � r• �s �r l.-�.! 1;�/�' �°�r � a"�l' bras �� o BUILDING INSPECTOR PLANNING COMMISSION PENINSULA. CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING K"HG DEPT. Public notice Is hereby given that a petition has been received to vacate a section tine easement. Area under consideration is described as follows: A. Location and reauest: Vacate the sixty-six foot section line easement centered on line common to Sections 7 and 18, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Alaska. Vacate that portion of the easement starting approximately 30 feet westerly of the east edge of Royal Street right-of-way running westerly to Cook Inlet. 33' easement within Section 7 being also within Kenai City Limits. 33' easement within Section 18 being within Kenai Peninsula Borough. B. Purpose as stated In petition: This section line easement is situated along the municipal boundary common with the City of Kenai and Kenai Peninsula Borough. The reconstruction of Cannery Road left a portion of the old roadway alignment within this easement. Due too the fact this road is situated in two separate jurisdictions make police responsibility unclear. This ambiguity Is causing harm to adjacent properties stemming from the abandonment of vehicles, trespassing and lack of road maintenance.. C. Petitioner(s): Mary Ellen Israelson and Frederick Duthweiler; both of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, May 6, 1991, commencing at 7:30 p.m., or as soon thereafter as business permits, to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify, may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, May 1, 1991. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (April 22 & 29, 1991) ►VERNMENT LOT 17,SECTION 7, 1� cRNMENT LOT 1, NE 114 1/4 SECTION 181 T5N,' R1 1 W, M AK i5N s 10 r R1VER yi �ttpt 16 i 15 21 22 VICINITY MAP SCALE !"-i MILE i PROPOSED �19 20 3 ti 9 w a i5N s 10 r R1VER yi �ttpt 16 i 15 21 22 VICINITY MAP SCALE !"-i MILE PROPOSED ti 9 w SECTION LINE {D, Ali. �i�r. r ���'• �• c/7993' �14!f EASEMENT .VACATION 4� �r.�F�"'`°rA• _ _ -- _ =_ a�� l� r I V '7 1 4 a Dti oll 0---1 joIN5 PETITION TO VACATE COMMENT SHEET SUBDIVISION ADMINISTRATIVE COMMENTS CITY ENGINEER BUILDING INSPECTOR I PLANNING COMMISSION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT ID; �l i0 PLANNING D&L NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement has been received by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300 foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius. Location: Vacate the twenty foot utility easement centered on lot line common to Lots 5 and 6, Dragseth Subdivision, (Plat 77-56 KRD). Being within Section 7, Township 5 North, Range 11 West, Seward Meridian, Alaska. Also being within the City of Kenai. Purpose. To eliminate encroachment of the building. Lots 5, 6, and 7, Dragseth Subdivision being replatted into two lots. (Proposed Dragseth Subdivision No. 2) Petitioner(s): Marvin Dragseth of Kenai, Alaska. The Planning Commission will be considering, and acting upon, this petition at their regular meeting, Monday - May 6, 1991. The meeting will be held in the Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska 99669 starting at 7:30 p.m. Written comments may be submitted to the attention of Robbie Harris, Kenai Peninsula Borough Planning Department -144 N. Binkley Street - Soldotna, Alaska 99669. Written comments should be received by the Planning Department no later than Wednesday - May 1, 1991. For additional information, contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441(1-800-478-4441 Toll Free within the Kenai Peninsula Borough). V I C I N I T Y M A P SHOWING APPROXIMATE LOCATION OF PROPOSED VACATION -TA k- 0 O N K r m ,MINS $HfArr to REVISION BLOCK SCALE NO LConservation approves this subaiv!sicn for pia:Uny. Name and Title of Date Alaska Cepartment of Environmental Conservation Approving Offical ! CURVE I RADIUS I LENGTH ( TANGENT CHGR_ ! C1 20.00' 31.38' 19.97' I C2 50.00' 32.18' 16.67' f ! LINE ! I e/ e/ LOT 3 I LOT 2 LOT 1 (� 1 V) —.1 LOT 4 -- ; Q o Z �r DRAG_ NET COURT 50 R/W I 199.6 to elm% \ J WEST in 10 WC WEST _ C2 73.71' cv . � b 3' 113.00' 401.57 4.57' EASEBE1 G i �o w bldg. 166.37' C~ n�lN Q ° w VACATED MENTBY THIS a a r' p PLAT -----= L� N ILOT 6A , l U LOT AcA otrrl line I o 0 40,001 sq. ft. o: I p • Former Y p lot line QD 10' UTILITY EASEMENT ��. 114.95' WC 525.61 r---193_67---�_—_286.34'--\�--- L1 — 1976 M.H.W.L. WEST 956.89 + GOV. LOT 17 0 0 M i.-: 1 o�Q I O P 01 I 0 Z I CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. 91-7 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR, Cabin and Boat Rental, by: Jerry C. Huf & Evelyn L. Huf Located: Tract 1, Jack Webb Subdivision Xc-nai, Alaska 99611 WHEREAS, the Commission finds: 1 That an application meeting the requirements of Section 14.20.321 has been submitted and received on: -111 r,/ 1 2. That this request is located on land zoned: RPsir1Pntial (-BJU 3. That the applicant has demonstrated with plans and other documents that he/she can and will meet the following specific requirements and conditions in addition to the existing requirements: a. 9 4. That a duly advertised public hearing as required by KmC 14.20.280 was conducted by the Commission on April ll -. 1 94 CCNDITICNAL USE PERMIT Page 1 of 2 7ct, RAR CONDITIONAL USE PERMIT APPLICATION DATE; March 12, 1991 1. APPLICANT: Jerry C. Buf & Evelyn L. Buf 2, ADDRESS: P.O. Box 3873 Kenai, Alaska 9961I PHON[: (907) 282-7375, home 776-821I, work }. PERMIT REQUESTED FOR: Cabin and boat rental 4. LEGAL DESCRIPTION: (includes street address or physical location) Tract l Jack }e�,6 Subdivision Amey Road, Kenai, Alaska 5. ZONING; DuzoI residential 8. LEGAL OWNER OF PROPERTY: jerzy & tveiyo Hur 7. CONDITIONAL USE PERMIT CHECKLIST: ~/ m. site plan b. map (if available) ' C. traffic flow & parking ' d. deposit/advertising fee ($100.) e. letter of particulars . o om Resolution No. 91-7 Page 2 of 2 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 ,!meets the conditions required for said operated 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 this 10th day of April F 1991. Chairman ATTEST: ME i T, ' 5--,,J f,� ?-,(� � , --W- -7 � J ev VQ P.O. Box 3873 Kenai, Alaska 99611 (907) 283-7375 March 12, 1991 Administrative Official Planning and Zoning Commission City of Kenai Please find enclosed application for the conditional use permit required to construct four (4) rental cabins on 2.5 acres, Tract 1 Jack Webb Subdivision, off of Ames Road within the city of Kenai. The intent is to provide lodging and boat rental facilities with access to the Kenai River via Beaver Creek within the city of Kenai. The property is located above Beaver Creek slue within Beaver Creek. Permits have been applied for from the Army Corps. of Engineers and Alaska Dept. of Fish & Game for floating dock facilities. No building will begin with- out engineering approval from DEC and approval from the Planning and Zoning Commission. Traffic would be minimal and parking would be provided on the premises. Included with the permit application is the legal description of the property, site plan, etc. If you should have any questions, or need additional information, please contact me at 776-8211 (wk) or 283-7375 (hm). Sincerely, Jerry C. Huf PUBLIC HEARING NOTICE Notice is hereby given that a petition for a Conditional use Permit for a Cabin and Boat Rental under KMC 14.20.280 has been submitted by Jerry C. & Evelyn L. Huf located at Tract 1 Jack Webb Subdivision, within the City of Kenai. Public Hearing on this Conditional Use Permit will be held by the Kenai Planning & Zoning commission on Wednesday, April 10, 1991 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska, 99611 prior to April 10, 1991. 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 PY INTERESTED PARTY <qs`` aq-1 . BICENTENNIAL Vd4je w&—ak Z-- 4 it a Yu,"! CITY OF KENAI ,.a Cape&l 4 44z4ai" 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Planning and Zoning Commissioners FROM: Planning Staff DATE: April 19, 1991 RE: Research of Conditional Use Permits Beaver Loop Area At the meeting of April 10, 1991 you reviewed an application for a Conditional Use Permit, which was submitted by Jerry & Evelyn Huf. The Permit is for a Cabin and Boat Rental which would be located on Tract 1, Jack Webb Subdivision. The Commission did not take action on this matter at the April 10th meeting because it was felt that more information was needed. A map of the area with CUPs highlighted will be available at the meeting. Please find attached the following items: 1) A list of CUP's approved in the Beaver Loop area 2) A list of people who were notified of the Public Hearing who reside within a 300 foot radius of proposed permit site. 3) A copy of petition opposing the CUP After careful consideration the Planning Staff recommends that the Commission consider the possibility of restricting Conditional Use Permits to specific areas on Beaver Loop sometime in the future. LIST OF PERSONS RECEIVING PUBLIC HEARING NOTICE HUF CONDITIONAL USE PERMIT Nigel Guest & Carol Bogart, 460 Daily St., C-8, Anchorage, 99515 Lee & Ira Evatt, Box 296, Wayne, OK 73095 Mark Sandberg & Richard Smith, 2300 St. Elias, Anchorage, 99517 Jerry & Evelyn Huf, Box 3873, Kenai Louis & Marlene Keen, 625 Ames St., Kenai David McKechnie, 823 Lake Ave., Baltimore, MD 21212 Harmon & Rhona Hofman, 635 Dolchok, Kenai Elva Colyer, Box 92611, Anchorage, 99509 Kenneth & Elizabeth Smith, Box 3948, Soldotna Jack, Gary & Steve Foster, Box 303, Soldotna Arlene Rhodes, 1502 3rd. St., Kenai Emil Dolchok, Box 3, Kenai Harris & Tannis Miller, 609 Ames, Kenai Kathy Johnson, 35230 Spur Hwy., Soldotna P E T I T 1 0 N April 6, 1991. WE THE UNDERSIGNED ARE OPPOSED TO THE PETITION FOR A CONDITIONAL USE PERMIT FOR A CABIN AND BOAT RENTAL UNDER KMC 14.20.280 SUBMITTED BY JERRY C. AND EVELYN L. HUF LOCATED AT TRACT I, JACK WEBB SUBDIVISION WITHIN THE CITY OF KENAI. PLEASE PRINT NAME ADDRESS PHONE SIGNATURE mo -D-4 1,J L -17),F -S e 3 A kLiJ t / 2 S - ?914 e"`A 1,74�j Vj LI I- 7�7 'we I ^C) C -A Ile le�, 6-fs-,001c1,1, /",1 12"9-1 6 -(1 !LI (7a ("'c �3 7 3'L 1 V-4)� KENAI PLANNING & ZONING COMMISSION Page 3 Jerry Hui - Stated that he has lived in Basin View Subdivision since it was established and has watched the development of that area and feels it has already taken a turn in the direction of a recreational area. He proposes that his development was for only 4 boats and felt this would not affect the area. He also plans to build a home on the site within two years so he intends to keep the site well maintained. He added that if the neighbors have a problem with people or traffic he would be willing to build a fence on that property. He planned to install a floating dock to keep pedestrian traffic from eroding the creek bank. Hoffman - asked where the boats would be parked. Hoffman was afraid if the CUP was granted that Huf would begin charging a fee for other people to access the creek and traffic would increase, increasing wear and tear on the creek. Hoffman was also concerned that this permuit, if granted, would decrease the value of his home. Huf stated that he has a permit pending with the Corp of Engineers (COE) and they would not issue a permit for a boat ramp in that area, if they felt it would harm the environment. Commissioner Bannock asked if the permit for the dock was denied, how would Huf's plans be affected? Huf replied that if the permit were denied the boat rentals would probably be out, but he would still have the cabin rentals. He didn't foresee a problem with the permit, since quite a few people in that area already had floating docks, which the COE had allowed. MOTION: Commissioner Murphy moved for approval of Res. PZ 91-7 - Conditional Use Permit - Jerry and Evelyn Huf. Commissioner Graveley seconded. Commissioner Scott told the Commission that she was currently a resident of Basin View Subdivision, but was not within the 300' public hearing notice criteria She as aware that a petition had been circulated in Basin View, but had criteria. She said petition and she asked the Commission if it would be a conflict of in erest for her to vote on this issue. Chairman Bryson said that it was his opinion that Commissioner Scott was significantly detached from the development and that it would not be a conflict of interest. He asked for other comments from the Commission or any objection. Hearing none, Bryson asked for further discussion on the item. Commissioner Murphy asked Huf to expound on his statement of that area taking a turn toward recreational? Huf explained that there were several CUP which had been granted by the City in recent years. One was for an RV Park and manmade lake across the street from his property, also there are numerous guiding businesses in that area. Commissioner Rehm noted that Beaver Creek was slow moving and expressed concern about the impact of additional boats on the creek and the hazards of boats entering the swift waters of the Kenai River from Beaver Creek. Rehm also asked if the warehouse near Huf's property was a commercial venture. KENAI PLANNING & ZONING COMMISSION Page 4 Commissioner Bannock recalled that the warehouse in question had come before P & Z last year and that it was not a commercial business. He recalled that similar arguments have been heard by the commission in the past. He stated that development should be considered under the term "compatibility", which could be defined as "things that match". Bannock said that Huf Is idea could be viewed two ways, as "a commercial development designed to make as much money as possibly, or as I choose to look at it in the compatibility definition in things that belong." He felt that boats and cabin rentals belong on Beaver Creek and the Kenai River. Bannock said he would like to know some things before making his final decision. He would like to know what covenants, if any, existed in this area. He felt that the floating boat dock was critical to Huf's plan, and if the Commission took action they would need to consider that. Historically the Commission has approved similar developments in that area. Commissioner Graveley asked Huf what the water level and width of river were in that area, and if their were residences on the opposite side of the creek from the proposed tract? Huf said that the water level is navigable most times of the year. The river is 20 to 25' wide and that there are no residences across the river, just wetlands. Commissioner Scott said that she was a relatively new member of the Commission and was not aware of past actions concerning such developments. She felt she would like more details before making her decision on this matter. Commissioner Bannock requested that Administration draft a list of CUP's granted in that vicinity in the past. MOTION AND VOTE: Commissioner Scott moved that the commission postpone action on the CUP until the next meeting. commissioner Murphy seconded. Passed unanimously. Chairman Bryson noted that the Public Hearing would be continued at the April 24th meeting. b. Application for Lease Lot 10, BL 2, Cook Inlet Industrial Park. Kim Howard, Administrative Assistant introduced the Application. The applicant was Jova Enterprises, doing business as Hertz. She asked what P & Z's recommendation to Council was regarding this lease. MOTION: commissioner Bannock moved for approval of Application to Lease Lot 10, BL 2, Cook Inlet Industrial Air Park. Commissioner Graveley seconded. Passes unanimously. -August 14, 1989 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Steve & Donna Riddle 10819 Spur Highway #491 Kenai, Alaska 99611 ✓ RE: Application for Conditional Use Permit for Charter Service Lot 29, Anglers Acres SID Dear Steve & Donna, It is with pleasure that I inform you that at the regular meeting of the Kenai Planning & Zoning Commission the Commission reviewed and approved your application for Conditional Use Permit for Charter Service with the only stipulation being that "no more than three charter boats to work from this location at any one time". Enclosed is a copy of the resolution and minutes from that meeting. If I can be of any further assistance, please feel free to contact me. Good Luck in your endeavox! Janet A. Loper Planning Specialist enc V. I I jr- September 20, 1989 Joanna M. Hollier 3329 Beaver Loop Rd. Kenai, Alaska 99611 RE: Application for Bed & Breakfast Permit Dear Joanna, M 1791-1991 CITY OF KENAI eapdoa� 4 4�a� // 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 The Planning & Zoning Commission reviewed and approved your request for a Bed and Breakfast Permit on September 13, 1989. Please consider this letter your Notice to Proceed. The Commission approved your permit with no additional restrictions, you will be operating under KMC 14.20.321 which is attached. In reading the minutes, I found a question regarding a sign for your business. A sign is allowed in a residential zone provided that it is no more than 32 scruare feet in area, shall be no closer than 10 feet to any property line or shall be flat against the building. If I can be of any further assistance, please feel free to contact me at 283- 7933. Good luck in your new business! Sincerely yours, Janet A. Loper Planning Specialist enc ,April -1-1., -1z-(89 -Mr. Rill Jahrig Box 51 Kenai, Alaska 99611 1791-1991 CITY ITY OF KENAI eapi&l 4 4i� 'f 0' 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 -7535 FAX 907-283-3014 RE: Conditional Use Permit for Operation of Business Activities on Lot 12, Anglers Acres It is with pleasure that I inform you that this letter is your Notice to Proceed. The Planning & Zoning Commission reviewed and approved your application on April 12, 1989. A copy of those minutes are enclosed. Conditions of your permit are as follows: The number of guests utilizing the site not exceed 18 The property is to be used as a drop off and pick up point for charter boat business Should there be any changes in those conditions, please contact the City of Kenai for an amendment to your permit. Congratulations and good luck in your endeavor! Sincerely, l 4 ez- Janet A. Loper Planning Specialist enc December 22, 1988 1791-1991 CITY OF KENAI eapi&z 4 4�ad� ff 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 Gary, Jack, and Steve Foster dba Lucky Angler RV Park Fosters Landing HC1, Box 1630-1 Kenai, Alaska 99.611 RE: Application for Can itional Use Permit to Operate a Business in a Residential Zone", &., Gentlemen: The Kenai Planning & Zoning Commission reviewed and approved your application on December 14, 1988. Please consider this letter your Notice to Proceed. I am very pleased to forward you a copy of the resolution and minutes approving your permit. It has been a long time in coming. If I can be of any further assistance or if you have any questions, please feel free to contact me. Good luck in your endeavor. Sincert-1 Y - Janet A. Loper Planning Specialist enc f r December 22, 1988 1791-1991 CITY OF KENAI eaf� 4 4ia� I f 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Mr. Bryan Lowe dba Hi Lo Charters 1105 Angler Drive Kenai, Alaska 99611 j (' o T- RE: Application for Conditional Use Permit to Operate a Business in a Residential Zone Dear Mr. Lowe: The Kenai Planning & Zoning Commission reviewed and approved your application on December 14, 1988. Please consider this letter your Notice to Proceed. A copy of the resolution and minutes approving your permit are enclosed. If I can be of any further assistance or if you have any questions, please feel free to contact me. Good luck in your endeavor. Sincerely, Janet A. Loper Planning Specialist enc I August 14, 1989 -3 1791-1991 CITY OF KENAI % %od 62a 'lai 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Willis & Joan Thayer 6030 Camden Circle Anchorage, Alaska 99504 )RE: Application for Conditional Use Permit for Charter Service and Bed & Breakfast - Lot 26, Anglers Acres SID Dear Mr. & Mrs. Thayer: On Wednesday, August 9, 1989, the Kenai Planning & Zoning Commission reviewed and approved your application for charter Service and Bed & Breakfast business. The stipulations of that approval are: the charter service be operated with three boats maximum, the non -conforming trailers be removed from the property and the interpretation is that two of the three as one can be used during construction of the structure, and the bed & breakfast not be operated until the Certificate of Occupancy is issued. Please consider this letter your Notice to Proceed under the specified conditions. Please be advised that what this means is that the code specifies that trailers are not allowed within the city limits except in mobile home parks. Your one allowed trailer is for a residential use only and only during construction of the dwelling and not for the charter service. Good luck in your endeavor and if I can be of any assistance, please feel free to call on me.. Sincerely, anet A. Loper Planning Specialist enc FA -9 January 10, 1991 Chris and Delora Garcia 2528 Beaver Loop Rd. Kenai, AK 99611 Dear Mr. and Mrs. Garcia: 1791-1991 C I TY OF KENAI "OldV 4 11 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 At their meeting of January 9th, the City of Kenai Planning and Zoning Commission unanimously approved your application for a Conditional Use Permit. Please accept this letter as a notice to proceed with the Bed and Breakfast as specified in your application. Please also find enclosed a copy of the signed and dated application for your records. Good luck in your endeavor. Sincerely, % 61 Jhck La Shot City Engineer JLS/lh encls. November 8, 1988 Edward L. Garnett Attorney -at -Law 904 Highland Street Kenai, Alaska 99611 a 1791-1991 CITY ITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 RE: Conditional Use Permit for Beaver Creek Lodge J Dear Mr. Garnett, The Kenai Planning & Zoning Commission reviewed and approved the application to operate a business located on Lots 4 and 5, Anglers Acres S/D known as Beaver Creek Lodge on October 26, 1988. A copy of the minutes and signed resolution are enclosed. I am returning one set of photographs to you along with the negatives and I will retain one set for the file for future reference. If you have any questions, please feel free to call. Sincerely, Janet A. Loper Planning Specialist enc November 18, 1988 Ken & Elizabeth Smith Box 3948 Soldotna, Alaska 99669 1791-1991 CITY OF KENAI „ad CaP4 4 4ia� „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283.3014 RE: Conditional Use Permit for Operation of a Bed & Breakfast and Guide Service Located at 909 S. Ames Rd. Dear Ken & Elizabeth, The Kenai Planning & Zoning Commission approved your application for the referenced business at the location indicated. Please consider this you Notice to Proceed with that business. The Planning Commission made certain stipulations to that approval: 1. Use no more than 30% of the total floor area of the home 2. No more than one person employed outside the home 3. No more than 3 moats to be used for the business 4. Based upon your letter dated 9/3/88 Should your circumstances change at anv time, you desire more boats, employees, or any of those stipulations, please contact me and we will proceed from there. Good luck in your endeavor and if I may be of any further assistance, please feel free to contact me. Cordially, i Janet A. Loper Planning Specialist 7A TENTATIVE SCHEDULE ************* COMPREHENSIVE PLAN REVIEW & ADOPTION April 24 First Complete Draft passed out to P & Z Commission - discuss tentative schedule - joint work session with Council - Public Hearings, etc. May 8 Discuss review draft in more detail. May 9-17 Staff will make changes, send 2nd draft to City Council, send to Sylvia Spearow and Dick Troeger at Kenai Peninsula Borough. May 17 City Council 2nd draft in packet - ask for their concurrence to have joint session at May 22, P & Z meeting - Public Hearing? May 22 Joint session with Council - possibly Public Hearing - set date for next Public Hearing, if needed. June 5 or j9 City Council Public Hearing and adoption June Kenai Peninsula Borough Public Hearing and adoption July Print final documents July 1 - Funds available to print AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17, 1991 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kelly Gifford - City Park/Forest Drive C. PUBLIC HEARINGS 1. Resolution No. 91-14 - Transferring $2,256 in the General Fund for Lockers at the Recreation Center. ac Resolution No. 91-15 - Awarding a Construction Bid in the Amount of $1,362,000.00 to G&S Construction for the Kenai Bicentennial Visitors and Cultural Center. d-,�3. � a- Resolution No. 91-16 - Transferring $22,000 in the General Fund for Additional Money in the Shop Budget. p Resolution No. 91-17 - Supporting the Borough -Wide 11{- Upgrade of the Present 9-1-1 Service to an Enhanced 9- 1-1 System and the Borough's Funding Request as a Capital Improvement Program Through the Legislature. Resolution No. 91-18 - Transferring $2,500 in the General Fund for Additional Postage. Resolution No. 91-19 - Transferring $3,500 in the General Fund for Police Operating Supplies. ac ��7.' Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. 8. *Transfer of Liquor License - The Upper Deck - From Louis B. & Therese Schilling to Louies & Terries, Inc. Same Location. D. COMMISSION/COMMITTEE 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. MINUTES 1. *Regular Meeting of April 3, 1991. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS Bills to be Paid, Bills to be Ratified ,J2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1428 - Amending the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State Liquor Laws" and Chapter 20, Entitled "Sales on Election Day." 4. *Ordinance No. 1430-91 - Increasing Estimated Revenues and Appropriations by $1,400 in the General Fund for Library Books. 5. Approval - Application for Lease/Lot 10, Block 2, Cook Inlet Industrial Air Park. 6. Discussion - Kenai Bicentennial Visitors and Convention Bureau Request for Funding ($10,000). 7. Discussion - Land Exchange/Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center. 8. Discussion - Appeal/Stephen's Alaskan originals - Setting Board of Adjustment Hearing Date, Time, and Place. 9. Discussion - "Blessing of the Fleet." I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI PENINSULA BOROUGH MEETING OF THE PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA 7:30 P.M. APRIL i5,1991 TENTATIVE AGENDA @ AGENDA ITEM A. CALL TO ORDER AGENDA ITEM B. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA PLANNING DEPT. Consent Aaenda 1. Time Extensions 2. Plats Granted Administrative Approval 3. Coastal Management Program Consistency Reviews a) Threemile Creek/Nuway Mining Co. A916639 b) Kenai River Stabilization/Josey/Brust SID #AK910329-23A c) Quartz Creek/Placer Mining/Flothe SID #AK910329-25A d) Soldotna/Asphalt Plant/Alaska Roadbuilders SID #AK910405-07A e) English Bay/Timber Harvest/Kolon Notification of Operation for SC90.03 f) Cooper Landing/Right-of-way/Chugach Nall Forest ROW Apin, ADL 224984 4. Informational Items a) Jakolof Say 3 AK900807-17A Conclusive Consistency Determination b) Jakolof Bay 12 AK900807-22A Revised Conclusive Consistency Determination c) Kenai River Bank Stabilization AK900914-11A Conclusive Consistency Finding d) Kenai River Bank Stabilization AK900914-13A Conclusive Consistency Finding e) Kenai River Bank Stabilization AK900921-19A Conclusive Consistency Finding f) Kenai River 155 AK910110-02A Conclusive Consistency Finding g) Kenai River 268 AK900828-58A Conclusive Consistency Finding h) Seldovia Slough 2 AK910214-08A Conclusive Consistency Determination 1) Six Mile Trenching AK910221-12A Conclusive Consistency Determination }) Air Quality Control Permit to Operate Application Contaminated Soil Specialist, Inc. ADEC No. 9123-AA002 Conclusive Consistency Finding Project Consistent k) Alaska Municipal League Legislative Bulletin April 5, 1991 #17-7 AGENDA ITEM C. COMMISSIONERS EXCUSED ABSENCES 1. Jodie Thomas AGENDA ITEM D. APPROVAL OF MiNUTES 1. April 1, 1991 AGENDA ITEM E. PUBLIC PRESENTATIONS WiTH PRIOR NOTICE AGENDA ITEM F. PUBLIC HEARINGS 1. Petition to vacate oortlon of Sylvan Circle, Scenic Heights Subdivision; Section 20, T5N, R10W, S.M., Alaska KPB File 91-024 AGENDA ITEM G. SPECIAL CONSIDERATIONS AGENDA ITEM G1.EASEMENT VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate a ten foot and a fifteen foot utility easement within Lot 5, Alfred Anderson Tract Bctts- Broshes Addn.; AND vacate a portion of a ten foot electric utility easement within Lot 1, Alfred Anderson Tract Benny Creek Addition. (Proposed Lots 1A & 5A, Alfred Anderson No. 4) Sec. 19, T6S, R13W, S.M., City of Homer, Alaska. KPB File 90-091 2. Petition to vacate a five foot utility easement within Lot B- 5, Marriott Subdivision. Sec. 20, T5N, R9W, S.M., Alaska PC Resolution 91-06; KPB File 91-026 I AGENDA ITEM H. CONSIDERATION OF PLATS Reflection 1. Mallette Homestead S/D No. 1 Preliminary Lake Area KPB File 91-030 McLane & Associates Kenai City 2. C Plaza Subdivision Preliminary KPB File 91-031 McLane & Associates N. of Coat 3. Duncan S/D Addn No. 2 Rev. Preliminary Creek KPB Fite 90-110 Mci.ate & Associates Kenai City 4. Dragseth S/D No. 2 Preliminary KPB File 91-032 McLane & Associate Twitter Creek 5. Twitter Creek Retreat Preliminary KPB File 91-033 Ability Surveys AGENDA ITEM 1. ASSEMBLY ORDINANCE 91-20, AUTHORIZING A LEASE WITH OPTION TO PURCHASE ON LANDS LOCATED WITHIN SEC. 35, AND SECTION 25, TOWNSHIP 5 NORTH, RANGE 3 WEST, S.M. AGENDA ITEM J. COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEWS 1. Cook inlet/Proposed Oil and Gas Lease Sate 74 2. Kachemak Say/Timber Activities/Timber Trading Company 3. National Wildlife Refuge Plan AGENDA ITEM K. INFORMATIONAL ITEMS AGENDA ITEM L. 1 PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE AGENDA ITEM M. DIRECTOR'S COMMENTS AGENDA ITEM N. COMMISSIONER COMMENTS AGENDA ITEM O. ADJOURNMENT AIASKA NEWSLETTER a publ VOL. 9 NO. 2 APRIL, 1991 PR 1991 e( ive4 ty al Menai i -,r o Works Debt ALASKA Ct_.lNNtNG PE"NING COMMISSIONER SEMINAR BIG SUCCESS Edited from contribution by John Duffy The Alaska Chapter of the APA sponsored a training seminar for Planning Commissioners in Anchorage on March 9. The seminar attracted sixty-four participants from communities around the state. Many commissioners commented on how useful and Informative the seminar was, Mr. Lee Sharp began the day with an explanation of variances and conditional use permits. Mr. Sharp then presented guidelines for public hearings. Mr. Sharp is an attorney for Preston Thorgrimson Shidler Gates & Ellis' and Is former Attorney for the Juneau and Matanuska-Susitna Boroughs. Mr. Michael Gatti, the current Matanuska-Susftna Borough Attorney, spoke to the audience on administrative findings and how they are developed. Nicole Faghin then presented a talk on environmental Ala Issues and taking issues. Ms. Faghin is an attorney for Preston Thorgrimson Shidler Gates & Ellis. Parks and Recreation planning was presented by Chuck Kaucic, Chief of the Matanuska-Susitna Borough Parks and Outdoor Recreation Division. John Duffy, Director of Planning at the Matanuska-Susitna Borough presented an update on 1991 legislation regarding planning and land uses, public hearing procedures and practical do's and don'ts at public hearings. Editor's Note: Thanks to John Duffy for organizing an outstanding seminar! CHAPTER CONDUCTING PLANNING COMMISSION TRAINING By Tom Duncan For the second consecutive year, the Alaska Chapter of the APA is presenting Planning Commission training in three communities. Travel and material expenses are funded by a grant from the Alaska Department of Community and Regional Affairs with the actual training conducted by Alaska Chapter volunteers. Doug Sims and Tom Duncan from Fairbanks teamed up for a training In Tanana on March 26. Coming later, Linda Freed from Kodiak will travel to Nome. Peter Freer and Wells Williams are preparing to team up for a trip to Haines. Look for a full report on all the Planning Commission training sessions in the next newsletter. APA -s STUART MECK WRITES TO .PRESIDENT BUSH January 30, 1991 The Honorable George Bush, President ,. The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 Dear President Bush: On behalf of the American Planning Association and the 26,000 planners we represent, I am writing to urge your Administration to consider inclusion of programs to combat poverty in the 1991 Budget. The Census Bureau's latest figures for 1989 show that the median poor family was living $4,344 beneath the official poverty line. This income deficit was $5,076 for black families and $4,766 for Hispanics. Low income programs in the federal budget were reduced by 53 percent between 1981 and 1990 after adjusting for inflation. Further, it appears that the budget process changes adopted in November 1990 will constrain domestic programs and entitlement to an extent unprecedented since enactment of the first Gramm -Rudman -Hollings Act in 1985. While your Administration is trying to make the current programs work better, even if improved, the limited resources accorded to them simply Is not enough. By and large, it will take the investment of new public resources to seriously attack poverty in the United States. Several worthy programs need improvement and expansion. These include health and nutrition programs for the low-income and working poor as well as improved child welfare services. Such programs as expanded Medicaid for children and comprehensive anti-drug programs for pregnant women and mothers with children are direly needed. We are hopeful that expansion of these programs will be included in the 1991 Budget proposal. Perhaps they can be included in the $15 billion block grant to the states to pay for programs now administered by the federal government, which you mentioned in the State of Union address. We at APA believe it is the responsibility of government to commit adequate resources to alleviate the situation of the millions of Americans mired in poverty. We look forward to renewed support for the needy in the 1991 Budget. Sincerely Stuart Meck, AICP President, American Planning Association COMPUTER CORNER The first desktop mapping system to use CD-ROM technology, Windows/On the World (WOW), is now available for use with Windows 3.0. With its companion GEOdisc U.S. Atlas CD-ROM, the system offers interactive mapping capabilities and a highly transportable geographic database for use with other applications as well. -LL11�1- The GEOdisc U.S. Atlas is based on the Digital Line Graph (DLG) and layered pianimetric features such as highways, railroads, hydrography, hydrologic units, and political boundaries. The DLLs are also linked to the Geographic Names Information System (GNIS) produced by the Department of Commerce. The GNIS contains over one million proper place and landmark feature names with latitude -longitude location and their associated FIPS codes. New features In WOW include: (1) the ability to Import DLG data directly from various sources, including the U.S. Geological Survey; (2) the generation of map clip art from quality U.S.. data sources; (3) tracking spatial locations on a national scale; (4) determining absolute and relative distances in real time; and (5) calculating areas of user defined polygons. WOW and the GEOdlsc U.S. Atlas are availale• at a suggested retail price of $495 each or as a package for $595. For further information contact: Linda Coburn, Geovislon, Inc., Suite B, 5780 Peachtree Parkway, Norcross, GA 80092, (404) 448-8224. Reprinted from the Winter, 1991 issue of MIOTEXT, the newsletter for the Information Technology Division of the American Planning Association. Edited from contribution by John C. Bishop Planning in Unalaska/Dutch Harbor Is off to an Intensive beginning in 1991. As the new Planner, I find numerous long term and short term projects that need Immediate attention. Planning the Hard Way means two things. First, trying to correct past mistakes caused by lack of long term planning. Second, always being overloaded with urgent projects while struggling to make time to look at the future. A reactive planning department that only has time to 'fix* urgent issues does not make progress during the year. The Unalaska/Dutch Harbor Community is the most active In the State of Alaska at this time. Our unofficial 1990 census Is 3,089, up 27% from 1989. This does not count the thousands of processors that come to the community and live aboard a barge, floating processor, or in a bunk house on a land based plant. Between December 15, 1990 and January 15, 1991 over 4,000 airline passengers stayed in our community. In 1989, Unalaska was the number one fishing port In the United States In volume of product brought ashore and number two in value of that product. Our building permit valuation In 1991, including underground utilities, should exceed the 1990 estimate of $200 million. We processed 93 permits in 1990. The City Planning Department attempts to divide staff time equally between the two fundamental dilemmas of Planning the Hard Way. The following projects reflect this balancing act and will be a high priority during the coming year. - Rewrite Title 8, Planning, Zoning, and Platting Regulations. A major rewrite of the ordinance that was last examined In 1985 and 1987. A final draft Is anticipated by March. LEGISLATIVE UPDATE Edited from contribution by Mitzi Barker Following is a brief summary of four land use related bills Introduced in this year's legislative session. SENATE BILL NO. 47; *An act relating to the Alaska Coastal Policy Councit" SENATE BILL NO. 81; *An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date.* SENATE BILL NO. 108; 'An Act relating to the classification and reclassification of state land by the Department of Natural Resources." SENATE BILL NO. 127; "An Act relating to the use of state land.* For more detailed information on these or any other bills, contact your local legislative information office. - Master Plat Base Map, Zoning Map. Indexing of base maps and Zoning map. Creation of reproducible Master Plat and Zoning map. - Review and adoption of AWCRSA Coastal Management Plan. Coastal Management Plan and a Harbor Management Plan being developed are examples of innovative work being accomplished in spite of the day-to-day work load. - Tidelands Surveys. An Anchorage consulting firm Is completing the survey and platting of state tidelands In preparation of transfer of title to the City. City officials reported to DNR Commissioner Harold Heinze that the DNR Land and Water staff had the most helpful and responsive staff of all State or Federal agencies. - Completion of municipal subdivision. - Coordination with DOT/PF on State Highway - Airport Beach Road. - Land Use Planning for City Properties. Anchorage architect to develop a long term land use plan for about 20 acres of City owned land. - Review and adjudication of 14(c)(3) entitlements and 17(b) easements. Working with local village corporation and U.S. Fish and Wildlife Service. Planning the Hard Way means fixing mistakes of the past and laying a foundation for the future. Balancing staff resources between the two Is critical it any progress Is to be made. From all Indications the City of Unalaska Planning Department will have its sense of balance tested in 1991. John C. Bishop, P.E. is Director of Planning for the City of Unalaska. W " FIFAV F UNTMA&W-41 - M 01 "Ai - 10 61 T -6i By Tom Duncan A couple of stories that originally appeared in Alaska Planning have recently been reprinted in out-of-state newsletters. Most of you probably noticed the January -February issue of The Western Planner and the article, 'Adventure in Training.* This article by Wells Williams of Sitka originally appeared in Alaska Planning last summer. Wells' entertaining prose about a Planning Commission training trip to Thorne Say features a picture of Wells and Peter Freer grinning out of a seaplane preparing for take -off. One of the perks of being newsletter editor is that I receive newsletters from Chapters across the country. Trying to warm up on a recent Fairbanks morning, I breezed through the February San Diego Planning Journal. It was here I noticed a reprint of Earl Finkler's article, 'Planner Turns to Reporter* that appeared in the January Alaska Planning. Way to go Wells and Earl, Time and Newsweek will be calling next! SECTION NEWS Southeastern Tidbits By Wells Williams, Southeast Section V.P. Well howdy folks, the bureaucrats from the banana belt take pleasure in sending our best to our fellow bureaucrats elsewhere in the state. We take a great deal of pride in the fact that large numbers of us took advantage of the excuse to go to Anchorage. As usual, Mr. Duffy and his crew deserve the credit for those well attended training sessions. After calling around the region, it's clear that Skagway City Manager, Tom Healy, Is ready to come out of the closet and declare himself a planner. Mr. Healy and his Juneau based consultant, Barb Sheinberg have devoted considerable energy in developing an AMSA (Area Meriting Special Attention) document. Technically a pan of their coastal management plan, the AMSA defines uses for the river and port areas. The Skagway City Council and landowners have worked hard in ironing out the land uses in the area that includes the original townsite. The latest draft of the plan is being reviewed. Other efforts such as port area planning codes and public lands lease ordinances have also been successful over the past twelve months. Life In Juneau appears to keep the CBJ planning staff bouncing from one project to another. Cheryl Easterwood has been named Special Mine Permit Coordinator/Assistant Director. An unexpected wetlands determination for a site planner for an $18.0 million school is driving blood pressures through the ceiling. Site work was supposed to start shortly and now the Borough is developing creative solutions. The Corps of Engineers plans to station an employee in Southeast in the coming months to oversee wetlands issues. We'll wait and see how the situation develops. Our favorite Ketchikan Planning Director, Bruce Phelps, is winging his way to the New Orleans APA conference. Tidbits from that water wonderland will appear In the next newsletter. In Sitka, I'm now wearing seatbelts after surviving another rolling of a pick-up. Icy road conditions in Wyoming and Alaska simply haven't been too kind to our insurance carriers. Have a good spring folks and ... thanks for reading Northern Section By Tom Duncan, Northern Section V.P. The word this spring in northern Alaska is change. The North Slope Borough has changed several personnel recently. Thomas Lovitt started as Planning Director last fall, Keith Quinitaville is the new Permitting Manager, and the CIP chief was left vacant after Rick Sampson left. The Borough Is seeing a steady flow of oil field Improvements and seismic testing this spring. The Northwest Arctic Borough has seen changes this spring as well. Bart Graft is the new Planning Director as of February 4. The City of Nome had a new City Manager start work on April 2 - Paul Day. In Nome, the City Manager also handles the planning duties. Tanana is seeing a change in the activation of its Planning Commission. One thing the Commission would like to work on is finding a location for a barge landing that is compatible with surrounding areas. The City of McGrath is hoping to see something new this summer: a city-wide sewer system. A McGrath sewer and water project is the number one priority on a state capital projects list. Another top priority is the erosion control project that would hold back the Kuskokwim River from eating away the town. The Fairbanks North Star Borough Comprehensive Road Plan is preparing for another round of public notification and public workshops. Public Hearings are tentatively planned before the Planning Commission is June. The FNSB is seeing a geometric increase in requests for flood zone information due to the record snowfall this winter. Fairbanks broke all time records for snowfall in a winter (over 12 feet) and water content of snow on the ground in March (12 inches). Should be a good summer for ducks and mosquitos! By Torn Duncan Quick, what are the two smallest cities in Alaska with a Planning Commission? What about the two largest without a Planning Commission? How about the largest city without the position of Planning Director. This and other interesting, useful, and semi -useful information was gleaned from the 1990 Alaska Municipal Officials Directory, published jointly by the Alaska Department of Community and Regional Affairs and the Alaska Municipal League. The answers? The two smallest cities with a Planning Commission are Kupreanof (pop. 52) and Akutan (pop. 86). The largest cities without Planning Commissions are Hooper Bay (pop. 807) and Mountain Village (pop. 742)(This does not count Metlakatla;- pop. 1,386 which is organized under federal law). The largest city without a separate Planning Director is Nome, pop. 4,303. by Tom Duncan and Brad Sworts Robert Walkinshaw has taken a long and Interesting road in his trip to the Anchorage office of the Alaska Department of Natural Resources (DNR). Robert was born in Seattle and received his Political Science degree from University of California, Santa Cruz. He then added a little spice to his experiences by being an aid to a congressman from Washington, D.C. and a teacher in Kenya, Africa. This multi4alented man is also the author of a book on land use conflicts In the Wrangell Mountains titled ']ms Long Summer Day In Alaska'. While atDNR, Robert has worked on several state plans. Not coincidentally, his petpeeve Is the gap between plans and their implementation. Robert feels that one of the most serious planning Issues In Alaska today is the increasing limitation of uses on federal lands and the resulting spill-over of demand for uwae at state land. There is no longer enough land for | to do the things they want and where, when, and how they want to do them. Robert often hears old-timers speaking out on this Issue as resource use becomes more regulated. As use increases, the public demands that state agencies such as DNR regulate the amount nYuse, types cfuse and when that use can occur. DNR is not presently equipped with the tools (budget, authorities, statute) to do what the public is increasingly requesting, One of these missing tools is in the form of o Senate 8i|| introduced this year entitled *Am Ant' relating to the management and protection of state land and its resources.' An a young state with only a basic government ynamewo,k, development and increased use of resources Is bound to bring out these kinds of problems. What does Robert feel we as planners can do to make plans more effective? "|'m an Idealist', says Robert. *1 hope' wart and long for a better world. The hardest thing for maIsrealizing hoping isn't enough, Hope alone -awondwrfuUyetato*ision captured in management intent statement - Isn't enough without also doing the hard work oYfiguring out how tomake it happen. And that |ogrim, gruelling hard work. But know | need to go Into the cave. Get down into the dirt and grit and do the work to make sure the plan is understandable, useable, and useful tothose that have to use it as a tool. The bottom Una is, It doesn't do any good to create o document that Is fluffy and poUUooUy appealing hit can't baused lomanage arouourow.^ Edited from contribution by William W.Bawdy, AICP I have recently returned from the Chapter Presidents Council ACPC%Executive Committee. A|CP has been providing grant monies to CPC aimed at encouraging nd recognizing development of innovative Professional Development programs at the chapter level. This has proven quite successful and is another example of increasing coordination and cooperation between A|CPand the Chapters. The new A|CPBrochure has been completed and |s being mailed out now, The brochure has been aimed at three major audiences ' the Professional Planner, potential employers of the Professional P/anner, and those In the public who are served by the Professional Planner. One of the purposes of the brochure Is to make the people who employ Professional Planners more aware ofthe value and benefits ofhiring ^Certifled Planners*. Copies of the brochure are available from the A(CP office (1776 Massachusetts Avenue, NVV, Washington, D.C.QO03G.2O2872'O611) The APA Board, A|CP Commission, CPC and Division Chairs are now in the process of reviewing final drabs of the planning organization's first Joint Strategic Plan. The objective iototake adopting action of this Joint Plan at the New Orleans conference. The Intent of the Joint Plan is to continue to Increase coordination and cooperative efforts toprovide sound programs and assistance tothe total membership and all those that are served. In late 1980 a survey of A|CP members was conducted to discover what members thought about continuing education requirements for all A|CP members. Some members believed that a one time teat was not sufficient proof of professional planning abilities. Others believed that members In A|CP subscribe tothe A/CP Code of Ethics and Professional Conduct which mtouey that ^...A planner must strive to continue professional education ... ^. They felt that this commitment is sufficient. After much deliberation, the A}CP Commission agrned, for now, to support development of a voluntarymystem for recognizing and recording the work mYcertified planners in completing continuing education or professional development activities. The issue will likely be revisited sometime in the future. William KK Bowdy, AkCP is A/CP Vice -President and Region 2Commissioner CALENDAR Model Subdivision Regulations May 16-17,1991, Seattle, WA. AICP Planners Training Service. Contact Kristen Pridgeon, (312) 955-9100. Neotraditional Town Planning. May 30-31, 1991, Minneapolis, MN. AICP Planners Training Service. Contact Kristen Pridgeon, (312) 955-9100 Neotraditional Town Planning. June 27-28, 1991, Newport Beach, CA. AICP Planners Training Service. Contact Kristen Pridgeon, (312) 955-9100 Contact Canadian Institute of Planners, 404-126 York Street, Ottawa, Ontario, Canada K1 N 5T5; Tel:(613) 233-2105 FAX: (613) 233-1984. Management Shills for Planners July 17-19, 1991, San Diego, CA. AICP Planners Training Service. Contact Kristen Pridgeon, (312) 955-9100 1991 Western Planner National Conference 'Sustainable Communities. Great Places - Great Plans.' July 31 - August 2, 1991, Lincoln Nebraska, Hilton Hotel. The Canadian Institute of Planners Annual URISA 91: Information and Technology - Conference. Gateway to Solutions. 'Economyy: Are Planners in the Skirmish or on the August 11-15, San Francisco, CA Sidelines?' Contact (202) 235-1685 July 7-10, Quebec City, Canada Call for Conference Session Proposals 1991 Western Planner National Conference $TJSTAINABLE COMMUNITIES GREAT PLACES - GREAT PLANS July 31 to August 2, 1991 Hilton Hotel Lincoln, Nebraska Western Planner is a network for providing information and education about the unique aspects of planning in the west. This national conference seeks proposals for concurrent sessions from practicing professionals, academics, public officials and other interested individuals, as well as organizations. The conference sponsor and hosts seek to provide information regarding successful strategies for sustainable communities, both urban and rural. Within the overall theme, the concurrent sessions will follow three tracks, representing the three components of sustainable communities: economics, environment and culture. Although formal papers are not required, presenters are encouraged to submit articles for publication in the Western Planner Journal. Proposals for sessions should be sent to: Joseph Luther, President Nebraska Chapter APA 210 Architecture Hall College of Architecture University of Nebraska Lincoln NE 68588-0106 Please limit proposals to one page. Proposals will be accepted until 15 April 1991. Notification of acceptance will be 15 May 1991 I Ready for some good news for a change? Join us for the 1.991 Western Planner National Conference SUSTAINABLE COMMUNITIES CREAT PLACES - GREAT PLANS July 31 to . August 2, 1991 Hilton Hotel Lincoln, Nebraska Three days of success stories of how communities can survive and persist with dignity and well being while enhancing the environment for future generations. Presentations on action plans for economic, environmental and social -cultural programs Planners, public officials, community leaders, academics, researchers, and others describe their search for solutions. Pre- conference skill -building workshops and post -conference special events and tours, as well as training programs for planning commissioners. Hosted by the Nebraska Chapter of the American Planning Association, in association with the Rural and Small Town Division of APA, the University of Nebraska's College of Architecture and the College of Engineering and Technology's Center for Infrastructure Research TNFY NFfD f'©MPONP To FUN THFIR PEN SPACE DEADLINE FOR NEXT ISSUE June 7, 1991 is the deadline for submitting articles for the next Issue (July) of ALASKA PLANNING. Please send your articles to the newsletter editor's address on page 8. PfFARr1010-, AND NE SAYS x'vF GOT Illl/ST THF HAA P FOF IT! 1"DtD NEAiM TV4AV657 11-Z I Welcome New Members The Alaska Chapter has added nine members to its rolls since the last newsletter - six new people and three returnees. Welcome to John Accornero, Steve Agni, Stephen Cochran, Vicki Groat, Nancy Lee Hutcheon, and Norman Ziesmer. Welcome back to Christy Miller, James Schwarber, and Stan Steadman. ALASKA CII"TER EXECUTIVE COMMITTEE CHAPTER PRESIDENT - Elizabeth Benson, 561-6131 (Anchorage) SECRETARY/TREASURER - John Duffy, 745.9850 (Palmer) CHAPTER VICE-PRESIDENT - Peter freer, 4654815 (Juneau) NORTHERN SECTION V P - Tom Duncan, 459.1260 (Fairbanks) PAST PRESIDENT - Earl Finkler, 852-6397 (Barrow) SOUTHCENTRAL SECTION Y.P. - Mitzi Barker, 564-9323 (Anchorage) Y.P., PROFESSIONAL. DEVELOPMENT - Stuart Denslow, 747.3294 (Sitka) SOUTHEAST SECTION V.P. - Wells Williams, 747-3294 (Sitka) F®r "0 0 & - . Urys- InfAliTim STIGALL & ASSOCIATES Profewslonal Consultants In Planning, Ik-%-clopmcnt and Atanagcmcnt TONY STIGALL 18421 Iiomniew Drivc Edmonds, IVA 98020 (246) 776 -PIXY L1 Barbara Sheinberg Project Development and Planning Services 739 Sib Street Juneau, Alaska 44801 (907) S8&IM - Rex A. Nutter Director t1` 'r4,, Department of Community Planning ' Fairbanks �`'•�•• �' North Star Borough P.O. Box 1267 452-4761 Fairbanks, Alaska 99707 ALASKA PLANNING NEWSLETTER TOM DUNCAN FNSB PLANNING DEPT. P.O. BOX 71267 FAIRBANKS, AK 99707 064014 APA JACK LASHOT CITY OF KENAI 210 FIDALGO KENAI AK 99011 ti ion Isaacs and associates planning economics transportation coastal monogemen t ! 7418 forest pork drive anchorage,a:osko 99503 (907)279.8900 Graduate Undergraduate �t Ua1eeS aria oe gg"i,N e SGY'o s ,oit°e�3 sca I( +tri age ° o{ a1rb ,�pl v ALASKA PLANNING is published four times a year by the Alaska Chapter of the American Planning Association, and is provided to members and subscribers. Your articles are invited. Contact Editors Tom Duncan or Nicole McCullough by calling 459-1260, FAX 459-1330, or write c/o FNSB Planning Dept., P.O. Box 71267, Fairbanks, AK 99709 C H A F 64 1 40NDAY, JUNE 29, 1987 Top Court, Ending Term, Again Rules In Favor of Property Owners' Rights A ' Iia, the court said that the power to attach By STEPHEN WERMIEL' ' Staf jReporter of TNS WALL STREET JOURNAL conditions on development comes from the WASHINGTON — The Supreme Court, power to prohibit development altogether. concluding its term with the second major A condition that allows development, the ruling in favor of property owners this court said, must serve the same purpose month, sent state and local land -use regu. as prohibiting the development would. lators back to their drafting tables. The dispute involved a -couple with The high court ruled that if state and lo- oceanfront property in Venttira County, cal governments attach conditions to build- north of Los Angeles. In 1982, they planned Ing permits that are unrelated to the pur• to tear. down a house on part of a 3,8* pose of the developments or to problems square -foot lot, and to put up a larger created by them, the result may be a tak- house. The state Coastal Commission ap- ing of property for which the government proved the plan on the condition that the must compensate the landowners. r i *. couple provide increased access for the The 5-4 decision, which involved efforts public along the beach in front of the In California to increase access to public house. ,i., beaches, will make it tougher for coastal The California Court of . Appeals re- states to expand such access. Lawyers for jected arguments .by- the landowners, developers also say the decision will force James and Marilyn Nolian, that the com- planning officials in many places to stop mission should be required to prove that using building permits to exact support the building would.have a negative effect from builders for other goals, such as low- on beach access. -',-T.-';; income housing, child care centers, mass But the high court reversed the lCalifor- transit and maintenance of art work. nia court. The commission's goal, the high The ruling, issued Friday, follows an- court said, "is simply an expression ... other. on June 9 in which the court decided, that the public interest will be served by a ".6.3; that land -use officials may be liable for continuous strip of publicly accessible damages,ilf:'zoning . Tegulation's prevent beach along the coast. The commission laiko'uvtters�frrttm `using �thgtr,,;rproperW , may well be right that it Is a good idea, but ep,�ty; p #, .. • that does not establish that the Nollans The two decisions together require (and other coastal residents) alone can be "drastic rethinking by the regulators about compelled to contribute to its realization." how they treat people who come before If California wants more beach access, it them," said Michael Berger, a lawyer in may take the land by eminent domain, the Santa Monica, Calif., who represents land- court said. owners and developers. "The kinds of Justice William Brennan dissented, things land regulators can demand have joined by Justice Thurgood Marshall. Jus - been restricted, and if they try to deny use tices John Stevens and Harry Blackmun rather than attach conditions, they will also dissented. Justice Brennan argued have to pay for it," he said. that states must have flexibility to pre- qXBoth cases involved the Fifth Amend- serve natural resources, but said he joined =tftent: which. says governments can't take the earlier ruling on damages in zoning "a' pr- without paying "just com- cases because officials should be made to �penSatiap.°Disputes over this language of pay compensation if a landowner is actu ten have fnvolved government seizure of ally deprived of the use of property. Jus - land by the power of eminent domain. But tice Stevens criticized the majority for set- in recent years, frequent questions have ting "vague standards," and also sug- arisen about whether regulations that cur- gested that Justice Brennan's positions tail use of property, without actually seiz- were contradictory. ing it, require compensation. The two recent decisions help 'clarify Marcos Valuables this confused area of the law, possibly to The high court left intact a federal ap- the dismay of many state and local offi- peals court ruling that customs officials cials. In the case decided Friday, 28 states may hold a plane load of more than $7 Mil - joined a friend -of -the -court brief filed by lion in cash, jewelry and other valuables Massachusetts. To handle "divergent land seized from former Philippines President use interests," the states said they "need Ferdinand Marcos when he fled to the U.S. flexibility to adjust for regional problems, last year. practices and expectations. Permit condi- tions make a widely used contribution to A federal appeals court in San Fran - this process." cisco ruled last October that customs offi- The court, which recessed Friday until cials may impound the property until a dis- Oct. 5, didn't say states can't impose con- pute over ownership is settled between Mr. ditions on development permits. Instead, in Marcos and the government of PrPeid,,nt ar =� 34820 College Drive Kenai City Council and Planning and Zoning Commission 210 Fidalgo Kenai, Alaska 99611 Soldotna, Alaska 99669 April 16, 1991 t I (907) 262-5801 0 .�J APR 1991 aN CP '-U;�*K r'F KFNA11 1V Dear Sir or Madam: t9'9 The area surrounding the Orthodox Church is one of the most historic �ppaces in Alaska and an historic treasure for the city of Kenai. Dena'ina Indians have lived in this area since at least A.D. 1200 and Russian era buildings have occupied this location since 1795 when, according to Russian historian Peter Tikhmenev, the post buildings were completed after having been moved from the flats below the bluff. As you know, the church is on the National Register of Historic Places and the rectory may be the oldest building on the Kenai Peninsula. Many historic places in the United States have been ruined by commercial developments of questionable taste which create a tawdry atmosphere and are an insult to people who care deeply about an area. The craft shop near the chapel seems to be an example of just such a development. I urge you to deny the conditional use permit for this craft shop. Given the historic importance of the area, I suggest the city contract a qualified historic architect to research the buildings and property around the church to determine such facts as their age, structural condition, history of occupation, and historic significance. Obviously, such an historic survey could only be done with the consent of private land owners. Furthermore, an historic architect could make recommendations about what might be done to enhance the historic presentation of the area as well as define the type of developments which demean the area's historic value. Upon review, these recommendations could be come guidelines from which the City Council and the Planning and Zoning commission could make decisions regarding conditional use permits in the historic area of Kenai. Sincyly, Alan Boraas, Ph.D. A Unit of the Universitv of A la.5ka A nchora.ee M BICENTENNIAL Vd,41e"M-aPw�- et;rwOa f@W I CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Kenai City Council FROM: Loretta Harvey, Planning Secretaryk, DATE: April 25, 1991 RE: Planning & zoning Commission Actions At their regular meeting of April 24, 1991 the Planning & Zoning Commission took the following actions on agneda items: 5. a. Application for Development in TSH Zone - Thomas & Kathryn Tomrdle. Denied. 6. a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD. Passed by unanimous consent. b. Petition to Vacate Utility Easement - Lots 5 & 6 Dragseth Subdivision. Passed unanimously. 7. a. Res PZ91-7: Conditional Use Permit Application Jerry & Evelyn Huf. Denied. PLANNING AND ZONING COMMISSION 11 Phil Duane Bryson 0 Bannockj of Carl Glick I Artt"raveley Saylor Rehm Kathy Scott Tom Murphy Hal Smalley -TP TO DO LIST: k. T�,x lnw 1p�e4 NOTES: �c DATE: