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Home My WebLink About1993-05-26 P&Z Packet1791-1991 ~~~ CITY OF KENAI „OTC G'~~~1 ~ ~1~~~„ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907.283.3014 May 26, City Hall & ZONING COMMISSION 1993 - 7:00 P.M. Council Chambers AGENDA 1. ROLL CALL ~~ G~' APPROVAL OF AGENDA UL~C APPROVAL OF MINUTES - May 12, 1993 ~'. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5 . PpUB%LIC HEARINGS ~~~ Resolution PZ 93-17: Kcherita Katering (Continuation) Vb,,,Dt~Resolution PZ 93-20: Rezone Along Evergreen Street ~~X~'''" R s - r 6. PLANNING ~ ~ Proposed City Land Sale Coastal Management Program Consistency Reviews / Residential Floating Dock: Beaver Creek 13 - Bailey 7. NEN BUSINESS 8. OLD BUSINESS ea~~ X' Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT ~-~ RENAI PLANNING & ZONING COMMISSION May 12, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 28, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD -`"',5. PUBLIC HEARINGS ~~~~ _-„~~,~j, a. Resolution PZ 93-17: Kcherita Katering 5~ ~ ~~"~'" ~ ~. ~ 6. PLANNING -~a. Resolution PZ 93-18: Gemini Park Atchison Replat - ~.,-b. Resolution PZ 93-19: Quality Subdivision 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Western Planner Conference 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT ~~ -~ ~-_--- RENAI PLANNING & ZONING COMMISSION May 12, 1993 - 7:00 P.M. City Hall Council Chambers MINUTES 1. ROLL CALL Commissioners present: Duane Bannock, Kevin Walker, Ron Goecke, Phil Bryson, Lori McComsey Absent: Carl Glick (excused) (1 Vacancy) Also Present: Councilman Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Additions to the agenda were: MOTION: 6. b. Resolution PZ 93-19: Quality Subdivision Goecke MOVED approval of Aqenda as amended and asked UNANIMOUS CONSENT. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - April 28, 1993 MOTION: Goecke MOVED approval of minutes as presented and asked UNANIMOUS CONSENT. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-17: Kcherita Katering Bryson introduced the item and opened the Public Hearing. ***PUBLIC HEARING - VERBATIM*** Sherman Jones, I live right adjacent, in lots 14 and 15, to the lot that they want to get the Conditional Use Permit (CUP) on. And I was never informed of the original CUP, by the way, which I don't think should have been issued without everybody being informed. And I also bought in this subdivision because there was no commercial tenants in there and it was clearly stated in the covenants, that there would not be any. And there are a large number of children in this division. I have five grandchildren that play all the time out in that lot next to where they want to put the cafe. And this is very close to our property line where KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 2 they intend to put a parking lot, I seriously doubt that they could put one. The septic system there was designed for a single family dwelling and I'm sure that septic system will not meet a commercial system at all. And that septic system is only forty feet from my septic system so it would probably cause problems. And I am against giving this CUP. Thank you. Bryson Are there questions for the testifier? One thing I would mention is that the prior approval is for a Home Occupation not a Conditional Use so it did not require public notification. Is there anyone else who would like to speak? Tom Rhyner Good evening, my name is Tom Rhyner, and I live directly across the street at 500 Robin Drive. And I'm opposed to this, I left a letter upstairs, it may be in your packet. And my wife had something at church, so I'll read what she wrote. This is: "To Whom It May Concern/The Planning and Zoning Commission: I live at 500 Robin Drive, may name is Mary Ryhner and I would like to go on record as opposing the granting of a CUP for catering and fine dining at 500 Robin Drive. We live directly across the street from this house, intended for this. We have full view of-the house and don't want to have additional traffic and activities until 11 at night. We have three school aged children and need them to be well rested for their early days. Also, this house did not have a CUP when the Langleys lived there. Mary Lou had a. Home Occupation Permit which was entirely different. She made candles and sold them to retail outfits in town. There were no customers coming to buy on a regular basis. Also on the site plan it shows parking coming in from the Spur Highway to the back of the residence. Our covenants state that all access to the lots must be from the platted interior streets. The house isn't built for the use and is zoned residential. I would like our neighborhood to continue to be residential. Please deny this request." That is from my wife, Mary Rhyner. If you look at your site plats on there, you'll see that there are some things that, such as a driveway which was penciled in on the back which, according to our covenants cannot be there. Also, it shows that it's about 11 1/2 feet wide where the parking is going to be and there is a well in the middle of where the parking is going to be. And I drive a little rabbit, I don't know, it might be 11 1/2 feet long but I would have trouble getting it in there, I'm sure. Also one of our covenants states about cutting down trees and so forth and I believe I left a copy of the covenants that cover our subdivision also with the Clerk. And there may be a copy of them there, but it says that the buyer may remove only the amount of trees necessary to the construction of the home and access to that home and any landscaping necessary. And putting in a parking lot for half a dozen or more cars I would not consider normal. Thank you. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 3 Bryson Are there any questions for Mr. Rhyner? Thank you. Is there anyone else who would like to speak? Jim Davidson Members of the Commission, my name is Jimmie Davidson, I live at 565 Robin Drive, a short way down the street from this property. And I subdivided this place in 1968, when we did we had covenants, as Mr. Rhyner stated about trees being cut down and such like that. I'm very familiar with this house, that property, I was the builder. As far as catering, or a restaurant the house is very inadequate for any kind of a restaurant. I have the plans which I had to dig out, which gives the dimension of the kitchen, dining room, etc., if you would like to look at them. But if not I could give you the dimensions. The dining room is 12 X 16, the kitchen is approximately 10 X 10, and the living room is 20 X 10. And there is a main bath, which is in the hallway going down toward the bedroom. And there is another bath off of the bedroom. So as far as a restaurant for fine dining, it is not adequate for that purpose. I can sympathize with the Morrisons or whoever is doing this, you know. But that is not the property to do it. I can understand anyone wanting to start their own business, I'm all for it. But that is really not the place. And the lot size is too small and where they on the map, where they were going to extend the driveway out is were I had the well. And than in the covenants, when I put in the subdivision in 1968, that you leave a certain amount of trees for a buffer zone etc, like that. And we tried to keep it low-key and a place where people can raise their children. Which we did, and of course ours died. But I, that is just not adequate property and the house is not large enough for a restaurant. A catering business? Maybe very small, low-key, limited, possibly. But I still have problems with that too. But, like I say I appreciate the people trying to get their own business started but this is not the place to do it. I know Mary Lou and Travis when they lived there, they had a CUP for her candle shop and I've never seen more than two or three cars there in the driveway at one time. It's, as far as I'm concerned, it didn't bother Mr. Rhyner at all for that. But as far as fine dining or restaurant, it's just too small of a place. I know I would really appreciate having a f ine dining place somewhere in the area but this is really not the place. Bannock Mr. Davidson, if I could just ask you a couple of questions in regards to the catering part of this particular application. You mentioned that you probably would not have a problem with that if it was limited? Davidson Very limited. Bannock Could you give me some ideas, Mr. Davidson, on specifically what that would be, by low-key or limited? One of the advantages of a CUP is to put conditions and limits on them, but what did you exactly have in mind by that? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 4 J Davidson That they didn't change the outside. That they didn't cut down trees. They used the same driveway and there wouldn't be ... Bannock I'm sorry, outside of the Davidson In the front of the house. Bannock Change the building or change the . Davidson No, not change the building and not cut down anymore trees. Because the neighbor across the street, when I built the house I didn't take down anymore trees than what was necessary for the house and the back yard. If they could use the existing driveway, and I know when I put that well in out there, the existing driveway that goes in is about 15 feet from the driveway. And than if they extended it on, they would have that, I don't know if you're familiar with a well head? How it comes out in your yard? Okay that sits right up there and there would have to be some kind of protection around it if they extend, make that driveway wider. Limited would be maybe three to four cars a day, or something like that. Like Mary Lou and Travis had there. And I don't think anyone in the subdivision would disapprove of that. Bryson Are there other questions of Mr. Davidson? Thank you. Andy Selanoff My name is Andy Selanoff, 503 Robin Drive, the third lot in that subdivision. I've gotten this notice, this letter from the gentleman that wanted to establish a catering service. I've lived there, in that subdivision since 1971. I have never moved and I don't know it might take a little bit of enforcement to move me out of that subdivision. The services that the people in that number 1, number 16, lot I had no idea of if she had any permit to do her commercial business. If she did it didn't bother me one bit. From the time they moved in there, 'til the time they moved out I have never seen no traffic at all. Someone going in there to buy candles. I didn't know anything about it. All I saw was "Candles" on the sign on the tree. That's all. It didn't disturb anybody. But, in this case, I think there would be a little bit of disturbance, if this catering service was permitted. And I believe it is inadequate, there isn't enough space in there for parking and plus there are children growing up in that subdivision. And there are school aged children that are in that subdivision and besides that, the two houses the number one, and number 14 or 16, if the gentleman drove out of his parking lot from out of his garage - and he drove out, number 16 drove out from his parking lot, if there was any carelessness there, there would be some hard feelings. So in this case I want to oppose this giving the permit to this ~ catering service, because of the situation, the conditions, not adequate space. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 5 I don't have any feelings against somebody wanting to start a business. This would be an ideal, where somebody would want to go into a fine dining facility and look at the birds, and hear the birds singing, or some kind of a relaxation. I don't see that type of offer in that subdivision, this gentleman is trying to give. I don't see that. The reason I don't see that is because I've been to a couple of these catering services myself. Which were very, very good. Where there was no traffic, no neighbors, nothing to worry about, but just relax. And this subdivision is a subdivision for family use, not business, I don't believe. Thank you. Bryson Thank you Mr. Selanoff. Are there any questions. Are their other people who wish to testify? John Thomas My name is John Thomas and I reside at 525 Robin Drive. I pretty much have the same feelings as my neighbors do, about the opening of the catering and fine dining establishment. Also another thing that I was thinking of, it doesn't say anything about having a liquor license or anything once it gets established. Even if they didn't have a liquor license people still could bring their own wine or like that which I think alot of people would do. Because when you think of fine dining, you think of fine food and fine wines. And having people coming in and dining and eating and having a good time, because I have two children of my own and we live probably 75 yards away from that house. And they like to get out on the street and play around, like little kids do. So, I am totally opposed to the proposal as presented. That's all I have to say. Bryson Are there any questions for Mr. Thomas? Thank you. Nina Selby My name is Nina Selby, and I live at 560 Robin drive. My husband and I, I'll say all of the above too, so I won't take so much time. My husband and I, the reason that we chose that area to build our home on because of the covenants and zoning that is in there. Residential only, for one family residences. We've lived there since 1972 and we enjoy that place, we enjoy that cul-de-sac street. And I was kind of appalled when I received this letter. In one place it says, I was concerned too, about serving wine and beer and than eventually getting a liquor license. And that's not an area to do that, in my opinion. And one of the sentences in this letter it says the dining is "5 star service and food". I appreciate that and it is very much needed in this area. Well I don't agree with that at all. I don't think it's necessary in that area. I think the fine dining service and good food is wonderful to have in some other place, but not in a residential area. And like the other people said we have small children running all over there and they go out in the yard to play and sometimes they ~ ride their bikes in the street. And I don't think that there should be a place like that where they say they will have up to 10 people a day, from 6 to 11 o'clock at night. That really bothers me and I hope you will not grant that CUP. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 6 __~ Bryson Are there any questions for Nina? Thank you. Other persons who would like to speak? Rita Morrison My name is Rita Morrison, my husband Ken Morrison, who is the head honcho of the business we are trying to get going, he's out of town tonight. Everybody here seems to be under the impression that we are trying to open a real restaurant which is not our intent. This is reservations only, we are not open to the public, just to walk in anytime during the day off the street. So as far as the parking goes, it is going to be very limited. It has to be anyway because of the area we have. We do not have a liquor license, although, people who would come and join in our dining want to bring a bottle of wine they're allowed too, we just can't sell it to them. You know we're not thinking of remodeling the house and we're not going to go chopping down trees or any of that stuff. The landscaping is beautiful, I think, the way it is and so is the house. You did a nice job building it. You know, as far as children playing in the street and everything, I think everbody's got to watch that, no matter where you live anyway. As far as traffic goes though, that would be the first house off the highway so they shouldn't be going down the street or anything like that. Since it is required reservations I don't even know what we would have, since it isn't going yet. But I don't think we're going to be doing it every night of the week or anything like that. And as far as the hours go, from 6:00 to 11:00 they're not set either, you know. It's just kind of a basic dinner hour type thing. But I'm sure there's going to be many, many nights that we're not going to have anything at all, either. So, that's about it. If anybody wants to ask me anything I'll try to answer it. Bryson Any Commissioners have questions? Walker Has that kitchen been looked at by the OSHA group and Health Department and stuff like that as far as size and for its use, whether or not it's legal to use for commercial? Morrison Okay, that part of it I don't really know how to answer. No, we haven't had anybody look at it or anything. As far as the well and septic I think that has to be taken care of before we purchase the home. But I still don't foresee any great big commercial use of the home. You know, like a restaurant where you have grease traps and all this stuff. I don't think there's going to be any call or need for that. Bannock Do you think it would be necessary to obtain a restaurant permit from the state of Alaska? Have you looked into that? Because you have to call it something if it's going to be a business. And although I certainly understand alot of where you are coming from, I think you will find, I'd like to step up for the State of Alaska for just one second, and if you are serving food as a business that's a restaurant. Whether it be an incredibly small, low-key 10 seated restaurant or whether it be a huge restaurant. And certainly correct me if I'm wrong, but, I'm real confident KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 7 that the State of Alaska requirements are going to be a little more stringent than that of a house, a residential house. Do you know if that would be true or not? Morrison Okay, we do have DEC approval if that's what your getting at. Bannock a DEC approval for .? Morrison For catering and fine dining. Bannock Okay. Thank you. Bryson Other questions? Morrison Okay, thank you. No other questions, thank you. Bryson Are there any other persons who would like to comment? Julia Selanoff I am Julie Selanoff, 535 Robin Drive. And as my husband stated we've lived there 22 years. And we've raised four children in that neighborhood and have been very glad that there has been no commercial business there. Whether it be low-key or big-key, I'm glad that there is not. Because, as all kids do, they play out in the street, and we do get enough traffic from Eagle River, or Eagle Rock, people accidentally not finding the right road. We get all kinds of traffic coming down there, making the turn around and having to go out. And even though it is the first house on the end of the road, I cannot believe that people will just come in and go out. They will come down and turn around because that's just the way people do, do. And we can get alot of RV's and motorhomes, camper trailers and everything coming down there as it is, turning around. And I think we have enough commercial there. And I think when we have residential we need to keep it as residential not a grey fine line in there. And not put little commercials in there. And I have been glad that it has been residential and I would like you to keep it that way and I notice their address is Schooner Circle. And if I'm not mistaken, we were kinda driving around down in that area the other day and it's paved all the way. It's the only house on the little street, is that not right? No, but, it is paved all the way right? Bryson Could you address the chairman rather than the other parties? Selanoff Okay well anyway our road is not paved. It is just gravel and I'm sure it is not in the planning to black top it. And we get lots of dust, there's alot of dust from the traffic, just from those of us that live there. So this is also another reason. But I was wondering why not keep where they are? It seems to be a little further out, there's no close neighbors, like there will be on Robin Drive. Thank you. Bryson Hal, you have a question? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 8 Smalley I have question for Julia or maybe even Jimmy. How many of those lots in that subdivision have residential homes on them? Of the sixteen lots? Davidson Most people who have bought lots bought the lot next to theirs for privacy. We've been kind of selective on the people who bought lots. We tried to keep it a nice residential place. Bryson I have a question for Jack on the question that was raised. Presently, Robin Court is unpaved gravel. The question was raised about Schooner, are you familiar with that? La Shot (Inaudible) Bryson Is Schooner Drive in the City of Kenai? La Shot I think there's a Schooner Drive over there in VIP. Bryson Alright, thank you. Are there other persons who have not testified that would like to speak. Mr. Davidson you had your hand up, would you like to speak? Davidson You brought up .some questions you know about the house. And as far as a restaurant the DEC the EPA and OSHA it would take as far as I know extensive remodeling to where it would be approved by all the agencies. And the reason I know that is because I built it. I built it for a single family residence. And I know from my experience that it would take extensive remodeling and I don't know if they've gone through those agencies to see what they'd have to do or not. But there would be a lot of paperwork if you want to be in that area. And, like I mentioned before, the bathroom facilities are not adequate for even a reservation only type restaurant. If they were going to have five or ten or whatever. But it is not an adequate use for that. Bryson Alright, thank you. Other persons who wish to testify? Hearing and seeing none I bring it back to the Commission. ***END VERBATIM*** Bryson informed the Commission and audience that the City had not been able to get the public hearing notice in the paper seven days prior to the meeting, as required by ordinance. The public hearing was continued to the next meeting. All comments from both meetings will be considered when the Commission takes action on the CUP. 6. PLANNING a. Resolution PZ 93-18: Gemini Park Atchison Replat La Shot reported that two lots were being combined for building purposes. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 9 MOTION AND VOTE: Walker MOVED to approval Resolution PZ 93-18. Goecke SECONDED. Walker asked for UNANIMOUS CONSENT. Hearing no discussion MOTION PASSED UNANIMOUSLY. b. Resolution PZ 93-19: Quality Subdivision La Shot The applicant is taking one large lot and splitting it into two. MOTION AND VOTE: Goecke MOVED approval of Resolution PZ 93-19 and asked for UNANIMOUS CONSENT. Bannock SECONDED. Hearing no discussion MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property La Shot referred to a letter the Planning Department had received from Mr. Hanke (attached). Walker asked to address some items in the letter. They are asking the City to ask the Borough to waive the fee for disposal of "abandoned vehicles" that are on their property. Walker felt those were not abandoned vehicles. They brought those vehicles in, he did not feel the City should ask the Borough to waive any of their clauses. These people did this as a business, this was a for profit item. La Shot Said he had talked to the people at KO Towing and they want the cars and intend to start hauling them from the site within the next two weeks. The other option is to make the lessee obtain a conditional use permit for the wrecking yard. The lessee does not want a CUP, he wants to get rid of the cars. The cost of removing and disposing the cars is prohibitive. La Shot suggested waiting until the next meeting to act on this item, to give time for Staff to determine if cars are being removed from this site. 10. REPORTS a. City Council Smalley reported on agenda items including: o Council had made the decision to offer Tom Manninen from Michigan the City Manager position. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 10 o The Board of Adjustment hearing on the Jackson encroachment has been scheduled for May 19th before the Council meeting. o Council had expressed concerns over the Quandt property, RPM's and a possible sign violation for Coyle's Landing which had been placed on the Bridge Access road. Smalley asked La Shot to look into these items and said the Council is very please with the work the P & Z Commission and Staff are doing. b. Borough Planning Bryson reported that there were no items specific to Kenai. Arco has obtained the permits to start exploratory drilling in the Inlet in the next few weeks. c. City Administration The City has begun plans to pave the streets in the Haller/Evergreen area. A rezone for a strip of land along Evergreen will come to P&Z at their next meeting. The City owns this land and hopes to develop lots to recoup some of the money the paving will incur. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Western Planner Conference 13. COMMISSION COMMENTS & QUESTIONS Bannock asked if the City recognized subdivision covenants that developers make with their clients? Bryson Those are only agreements between people who live there. They would only affect the subdivider if he owned a lot there. Smalley The City does not enforce covenants. Walker Noted that there are a number of commercial activities along the Spur Highway in the area of the proposed CUP. He felt that the Commission needed to review the possibility of commercial zoning for properties adjacent to the highway. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:30 p.m. Respe tfully submitted, orett Ha~ Administrative Assistant 5~. STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: May 3, 1993 Res: PZ93-18 GENERAL INFORMATION Applicant: Kenneth W. Morrison 2920 Schooner Circle Kenai, Alaska 99611 Requested Action: Conditional Use Permit Legal Description: Lot 16, Block 3, Sungate Park S/D (500 Robin Drive) Euistinq Zoninq: Rural Residential (RR) Current Land Use: Low Density Residential ANALY8I8 The applicant is interested in buying this property contingent upon approval of a CUP. The application is for a catering business and also some fine dining by appointment only. There was a Home Occupation permit for a candle shop granted for this property in 1990. Staff sent 13 Public Hearing Notices to surrounding property owners. Nine property owners within this area responded negatively to this proposal. Due to an error in advertising this hearing is being continued to the May 26th meeting. The public hearing comments of the 12th will be combined with any new testimony and considered by the Commission. Staff spoke to Kathy Corrigan, DEC, on May 14. She informed me that the DEC does not allow living quarters to be combined with food service. She said she would contact the Morrisons with this information. RECOMMENDATIONB This activity appears to meet the criteria for a CUP under KMC 14.20.150 (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such a.ses must be similar to principal uses permitted in the zone; Similar to the business previously located at this address. [ii] Such uses must be in harmony with the intent of the zone. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 10 o The Board of Adjustment hearing on the Jackson encroachment has been scheduled for May 19th before the Council meeting. o Council had expressed concerns over the Quandt property, RPM's and a possible sign violation for Coyle's Landing which had been placed on the Bridge Access road. Smalley asked La Shot to look into lthese items and said the Council is very please with the work the P & Z Commission and Staff are doing. b. Borough Pla:~ning Bryson reported that th re were no items specific t Kenai. Arco has obtained the permits o start exploratory drilli g in the Inlet in the next few weeks. c. City Administrate n The City has begun plan to pave the streets in the Haller/Evergreen area. A ezone for a s rip of land along Evergreen will come to P&Z at their next meeting. The City owns this land and hopes to develop 1 is to recoup some of the money the paving will incur. 12. INFORMATION ITEMS a. Western Planner Conference 13. COMMISSION COMMENTS & OIIESTIONS Bannock asked if the City recognized s~ibdivision covenants that developers make with their clients? \ Bryson Those are only agreements between ~eople who live there. They would only affect the subdivider if he owned a lot there. Smalley The City does no~:'enforce covenants. Walker Noted that t re are a number of comet rcial activities along the Spur Highw in the area of the propos CUP. He felt that the Commission eeded to review the possibilit of commercial zoning for propert'es adjacent to the highway. There being ngf further business the meeting was ad approximately,//8:30 p.m. Respectfully submitted, ned at Loretta Harvey Administrative Assistant Kcherita Katering Page 2. Since this business is located in a residential area, considerable weight should be given to those who testify in the neighborhood. The dining part of the business, if not specifically limited in the CUP, could create more activity than would be appropriate in this zone. ATTACHMENTB 1. Resolution PZ 93-18 2. Conditional Use Permit Application 3. Site Location 4. Public Hearing Notice 5. Letter from Neighbors 6. Home Occupation Permit - Langley C:\WP51\DC+CS\PZ\Morrison.SR CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 93-17 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Catering and Fine Dining Kenneth Morrison - 2920 Schooner Circle Located: 500 Robin Drive WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.321 has been submitted and received on 4/29/93 2. This request is located on land zoned: Rural Residential (RR) 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to the existing requirements: a. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on May ~(v, 1993 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 CateringlFine Dining meets the conditions required for said operation and therefore the Commission (does) (does not) authorize the administrative official to issue the appropriate permit. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska the ~ bth day of Mav , 1993. CHAIRPERSON ATTEST: Planning Secretary ~-. CITY OF KENAI CONDITIONAL USE PERMIT NAME ~ ~~ n ~ h. ~'M 0 .~ ~ ~ S t?~ PHONE ` p 7 - ..~ ~'3 - `/~6-Z, MAILING o~~r-.~D S~r/~co.~~'~ e~•-• ADDRESS ~~,,],cl ~ , ~, ,~~; ~/ ADDRESS ~ f/1J ~ ~_,,g~ f,~ , LEGAL DESCRIPTI l ~ - ~ ON ~ /V` -.~(~~ f~ f`~ ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the i~e:~ai riannin~ and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed develo~ ent as described: A G'/`~J 9 ~ f9 i /Ii ~'l q Please submit site Plan, Map (if available) and ~~- Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, ~ju~ elevations of such buildings or alterations, and data ~ as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. . ADDITIONAL COMMENTS : /~,is Hcs,.~ ~ t.~; // /' ~ n-. ; ~ 1-~..,.~-, . (-; c- ~r~ e. a;.3 ~~c ~ rlsc ~C, L1 u/~~ ids ~~ ~~~ ~`...-e. Applicant Signature: Date: ~ 7 9~ Approved at P&Z Meeting: Approved: Chairperson Attest: ~~~~ Gee ~c one< ~ Soho ~~ ~~ o~er~~ °09 ~ ~f . i ~ cl '' f 3 ,~ / /~-~ ti ~ t C.Q iTl i7~~ $ S ~ 171 ~~ f"~- .,z'-rte r~ ~/~~~ A ~( ~ `~' /~ // // ~K O /i ~ '7~/ 'v C~~lsa~ !~ ie c~ Gyt ~ 4' b' ~ ~~ ~/CIiJ~=. ~~ ,_, ~, -~ ~ . emu.. , 1~f.~ ~:1.LJa~.,~ - d ~ ~ : ~L .~tP.rJ C'~m ~ ,c~ ~ Qz,~ ~ L r~~,.z. . ..~ a // ~^ / , a 283-d~8G2 ~~~~ G~le < ~~ ane ~ Soho ~~ ti~ 2S3-d~SG2 ~~C ~ ~e~ J ~~: ~~o ~'~o ~ _~~~. ~ ~~%~~ dal ~ ,~~ ~-~ ,~,-,.~;~ ~~' rJ ----~.~, LC n.c/ `J ~ ~ ~ ~~.~~ ~~J ~~ /~~ ~l + ,,~,//!u m~rr- dr,.dl~ ~~O~a.~ ~~ 1TR~~~`t a-~ r, V VALHALLA HEIGHTS SIJf~~ Lot 6 Block 9 ~ ~ \ ~Cn lioa 3z1 ~' 2 -i, ~ Lot I ~ ~ 17, 3 S. F. I~ / ~ ~ `: '' / o ~ y j o~ ~ r,~ ~2 ~ y~Z / D f~ \ ~ 4. 1 ~ ~ •J C G Lot 15 N \. F~ojS X60 J /`\ U O s 0\ U M1 N ~ p GOr •O \ c^s U \ 2Z ~ ~` ~I~firt \ /~ / /' G SEA ` ^' /~ /. z ~ oo~ / ,- ~ new ~. , ~ owl ~~,., J ~ F.,.r a u ~: ~f,.. ~ ~ r1wc~ gLtaf C1- ~Jr-/ F,,,,, l~ U/G Electric PREPARED FOR ~O ~~ ~+ ~ I s ~ - / ~ 1 sc rim... s.. G%~ . ;,n.~ao ,..~~~r :rFCi15~E?;fV. JP,itl' LEGEND AND NOTES Found official monument. Found 5/8~' reoar. • found I / 2" reoar. O Set I/ 2 '~ reoar. ( 1 Indicatcs Datum of Record. ~ Well ~ SepflC vent e' Pewar pole U Found I~~ aluminum cop Jlm Davidson t3oz 2671 Kenai, AK 9961 I N SCALE I ~ = 40~ AS-BUILT SURVEY 1 hsreDy certify that I hove surveyed the followmgdestrrt• prop•rty ~Otl6 BlOCk 3 Sunaote Pork Subd. locored rn rha Kenai Reeordrnq District, Alaska, and Mdt the improvemante situated thenon are within the Dropertr IiMe and do not owrldd M encrooth On the drOPerW lyr~q dal oeent there to,thot no improw- menle on the property lying adjacent thereto •ntrootA on the premises in question and Thor Thera ar• no roadways, Irammission lines ar otMr visiDl• easarnenM o edidptopu- ^capt as ittdieoted hereon. Ddt.d= / 11 / 83 tLon• eo rates , In . Registered Lond Surveyors EXCLUSION NOTE+ It Is the responeiDility of th• owner to d11KmiM tM eaiarent• Of day •aeem~Mt, eovenants,or restrictions which do not oppearon tna recorded •ubdivlelon plot. Under ne eireuwa/anew should ony data Mrvon D• used for eoadruetio or for •etoDlishinq Doundory or tents lines. FbW Boot No. 82 -51 0~ N Y Q W Q Z 0 w O ~ r Q m r N 0 i ~ ~ O O m O 7 h C ~ C tp ~ a Y' O e O Y • ~ D W c e ~ 0 0 c t N y e ~ o c Z Z G m 1 O 1 Z H t0 W O ~~ .. u 0 u • o ~ m a° $ o . ~ . • W w. O r 1791-1891 CITY OF KEN AI ~, „O~:l G'a~c~ a~ ~4~i~„ __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE (Continuation) A Continuation Public Hearing on a Conditional IIse Permit Application under KMC 14.20.150 has been scheduled by the Renai Planning and Zoning Commission for Wednesday, May 26, 1993 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. The application was submitted by Kenneth W. Morrison and is for a Catering/Fine Dining Business, located at 500 Robin Drive, Renai, Alaskan Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 prior to May 26, 1993. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOII ARE BEING SENT THIS NOTICE BECAUSE YOII OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT BITE OR ARE AN INTEREST PARTY TAREN FROM: RENAI MIINICIPAL CODl3 14.20.1 50 Conditional Uses: (a) Intent: There are .some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in .this chapter are met. The allowed conditional uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ ii ] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects or. adjoining properties; [ii] A sight-obscuring fence cr uncleared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights-of-way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chapter are followed. The usual procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987) 14-28 & 14-29 ~e ~v. ~esa ~romas fox 7 or .y~ax, ~las,~ 99740 May Sth 1993 Dear Sir, I purchased Lot 3 of the Sungate Pazk subdivision in June of last year because it was zoned for residential use and was very quiet. The area is as undisturbed as it is possible for a collection of homes to be, the woodlands being as natural as possible. Although I do not live there, I purchased it for my son and his young family, and I have visited there frequently. During my visits I have not seen a single customer parked at the house where, I am told, candles aze sold. There is nothing that would indicate a business of any kind. A fine dining establishment would create a clientele which would be regular, and would attract a group of people rather than a single purchaser. Ten people are anticipated, a great increase over the present customers of the candle business. These people would be seeking a social atmosphere, pleasure, talking and laughing. Not at all the same sort of frame of mind as when you go to purchase a candle. The visits would extend into the night hours for evening dining. This would increase noise at a time when parents of young families would hope for quiet when young children are put to bed. There would be increased lighting, providing for the safety of those entering and leaving, thus altering the atmosphere of the neighborhood. I recall on one night this year, lying in bed, and watching the light of the moon. Artificial light detracts from that. The increased traffic would be detrimental at the very place where increased attention is needed to enter the fast highway traffic, and the whole length of Robin Drive, with its convenient turn azound at the end would be used to negotiate, and avoid the potential danger of backing out into cars entering Robin Drive from the Spur Highway, when drivers aze already meeting changing driving conditions. So although this business establishment would be at the highway end of Robin Drive, it would affect the whole subdivision. In addition to the increased activity during the hours of dazkness, there will be increased traffic in the day when supplies are being delivered. Cars parked just at the place where the private cars of residents enter the highway would obstruct the view of the highway, where drivers need cleaz vision before entering the fast moving stream of cars on the Spur Highway. 5 --~ ~ ~ ~~~~~~ ~ lit ,S~e ~ r~r~ ~ ~©~ ~~ ~ s ~r ~ e , ~ /2~ ~~. ~ ~~ ~`~ ~ o ~' ~ ~ ~ ~ ~ t ~ ~ ~ I,~ ~ C_.,-CC`7l,-` n j~ ~y~(..1~[d~-l ~ 1 ~ S~=~L U G~ll7'L GL ~' C~s.~2~! `~Y``C9~'d2 ~~G~ aJ~~~,, ~ (~(/ ` /C/ ~/C.~+ ~J~/v `~ ~'~C" ! +~' ` ~ ~JE 5 ~ / 'l ~1.1 G~J~ //.7,~./~~ ~ ~f 1 ~ ~ yi'/~/'~J~,l/ (/// /" / \ ! ~~ ~ / ~. ~ L°-- C~ l j La GG~' 1~tJ~C eF-~. ~x~-fC~ r 5 5"L! ~.s,~~~ ~ ~ ~~ ~ ~ ~ ~ ~ ll 1 dl ~6 I ~ , .~~ ~~ ~ ~a~ ~~i ~ ,~ Gc>o~`o~ ,b ~ ~2e ~o ccc ~d~c P ~ ~~ ~ ~~~~ ~~ ~~ ~ ~~~- ~ ~. ~ ~ mss, ss, ~" llww ~ ~ ~ ~ ~ 5 ~ ` yi d.2 ~~,`~ 5 ~`~-~ ~ ~~ C-c~ f/2 ~`C.GI L~~ 5' /?d ~ ,~ Gf ~ s~?o u~~ ~1 ~ ~ ~ e~ < ~~ ~ ~' ~ ~~;~ ~~~ e~ c~ s Q /2 d ZL~- ~t ` y ~ ~~~~Ce u~e.~ ~' 1 ~)' ~/ a~ 3 BOQK~CQpAGE~ f~~1y ~ Kenri Recor~lin~ Ucs:ri~r CONDrTIOtdS A".D P.ESTRICTIONS CF SIi~G~;lu Pf~R" 51JBlJI'IISICN Uwnnrs desire to establish conditions and r^strictions, relitive to the use of all lots sold, in order to crea,.e a nroUer ..^ubdivison. Therefore, owners hereby declare that all lots sold shall be subjeot to the following oonditi~ns and restrictions. 1. i~o home erected m3,y coot^in less than 1000 sc~. i't., and be worth at least X35,000, a.t 197u prices. 2. No r.:obile home unit may be placed ran any lot. 3. 't'o old build ir~;s shall be moved onto an.y tot from elsewhere, ar,d ar.,y buildinp~ or imoroverrer.t erected, on an,y lot, shall be from , with end of new material. !~. fdo zu`cmobile, truck, trailer or vehicle of sn,y kind shall be 31cwed to repair_ on an,y lot, within tre n~.cblic view, if the s=:me is in such bad corditi:;n :and repair, as to make it ur,si~Thtiy, and such that it lanreasnt~abl,v detrzcts from T.he neat apr er•ance of an,y lot. 5'`~ Ali lots shall be used for the c~nstructic'i cif sir.e~le fermi ly dwellirr-s or!ly. b. The buyer -+^v rFrnv° only the an;oc nt of trees r.essar,y to the cc,nstruction of a home and access to t~:at h^n~e, and. ar,.y lardsc3ni::F nessary. STA'f~ GF A.L:'iSKA ) '" ~ '~ - J `~~•Yl(- JUDI(:IriL DISTRI(;T) ~~ ~'.~~~ /~/~~ ~GJ~;' ~ ~~ , before nersor.•~li v c^me known to rre and nereirab~~ve a.r,d ~ckrowle;-ed tc ^! for t^e 17sos ',~?'?(, <; -----~~ .__---~' J0~ ~:~ ~ lr t'11'~5~ 'i'NIS IS TO CENTIFY t'r..-,t or. this..=''~'~;~,y of /~ , me, the undersir*ned t:otar,y Public ir. ~~~d far Alr:=ka, Jimmie L. Davidson and Perna F. Davidson to r.~~ known to he thF :persons :•;r!on? nam?s arnA•,r who executed the fore~*oin~; ir~strurrer;t, and th~r;/ e th.~~t they sir~r,ec; the :~~r.:e fro. l .~ •and vclur tariiy rr~r^oses *herein stated. ~J i ~ ,.:~~ rr~/ h,a^d ~.r:d o'~ i icy i a ~ ...:1 ;; ,- , - .. :~ `,._ f:c,t..,,~. i ~~.; .,. .~:.a 1'or A'l,nsi: ,,; .- /~ ~,. ~ 1791-1991 ~~ CITY OF KENAI __ 210 FIDAL~iO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 STAFF REPORT Requested Action' Rezoning Legal Description A portion of the SE 1/4, Section 36, T6N, R11W, S.M. Present.Zonng Rural Residential (RR) Proposed Zoning - Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: The proposed rezone will allow the City to develop a strip of medium density residential lots along Evergreen Street. These lots will be sold by the City to help offset paving costs of the adjacent streets. The current land use designation is medium density residential. RECOMMENDATIONS: Staff recommends approval. ATTACHMENTS: 1. Resolution PZ 93-20 2. Application 3. Map APPLICANT: City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611 ~~ 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RLBOLIITION PZ 93-20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (REZONING) SUBMITTED BY CITY OF KENAI (Applicant) FOR A portion of the SE 1J4, Section 36. T6N. R11W, S.M. ( a 200 foot strip along Evergreen Street as shown on attached man) (Legal Description) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential (RRZ 2. The present land use plan designation of the subject property is Medium residential 3. The proposed (ZONING DISTRICT) for the affected property is Suburban Residential 4. An appropriate public hearing as required has been conducted by the Commission on May 26, 1993 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) is hereby recommended to the Kenai City Council. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska, this 26th day of May , 1993. CHAIRPERSON i ATTEST: Planning Secretary C~Gtt.~~"~ °~~ 1781-1881 CITY OF KENAI __ 210 FIDALGO KENAI, ALA8KA 99811 TELEPHONE 283.7535 FAX907-283-3014 REZONING APPLICATION PETI'I'IQNER CITY OF KENAI ADDRESS 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 PHONE 283-7933 LEGAL DESCRIPTION A portion of the SE 1 /4, Section 36, T6N, R11W, S.M. (a 200 ft. strip along Evergreen Street as shown on attached map) PRESENT ZONE Rural Residential (RR) PROPOSED ZONE Suburban Residential (RS) Intended Use and/or Reason for Rezoning: To develop medium density residential lots Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~~ Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Rezoning Application Page 2 2. G~~, Amendments to the Official Zoning Map shall be considered T only if the area to be rezoned contains a minimum of one (i) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. q~,, A Public Notification and Hearing is required before the T~ issuance of this permit. A $200.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. 4. ~ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature ATTEST: Loretta Harvey, Secretary REZONING CHECKLIST: K a. MAP AA b. SIGNATURES nA c. DEPOSIT/ADVERTISING ~ d. APPLICATION FORM OR CHAIRPERSON FEE ($100) LETTER 1~ II U ~s~ 0 RR R5 :'-1 ~o,,~,~,-f 3 - , ~ ~ ~ EIEYENTARY y UI ;. (F ' c ~ ' SCHOOL (C1~ ,~ ---- _ aaa ---- ~ r --- ---- I ~ 1 ~ --- 1 ~ __ yS -i. to-~T- nV , E I I I I, n• ~ I I ~ , W1 ~ ~ ~~~• ~~ '~E ~ ~ I I AryN ~ 1 I IR R~ZONE'~ I I I 1 ' ' ! , ~' awr w ~°~ , ~ ~ MYRCN _ _ --' ~ ~ .-~ ~ I • s L RR, i-o RS ~ ~ t 1 a r---- ---- I ~ --~ ~ - - ~ e , LL--~ - - ,.. R S• 1 I I p ` ~ s ~ y s r~ '~ ab 1 ~ I Ma I ' ' I Y I ~ 1 ~ „ I ~ ~. •7 ~ 1 7 ' ' a Ij I r I __ -___-~ S -_~ ~ --! li --- J L - ~ ~ --- 4 L 1 I I 11 / ~ 'w I ~ , ' to I t I =~L __ .. ; ; Ip I 1 111 I II 1 IIS ' i I ' I 1 ~ ~ / I ~ "M2 - - -~ r _ ~ 3~N evE ~_ _ _ _ ' _ __ ~ 11 I ~ ~ I e ~ , 2 L ~*4 I ar ,~ K Is l KENA/ I sPUR Hwr ` I T ,TI . • .1 ,ut + + ~ , ~- ~+ I ~+ CG ~+ ~ S + + ~ 4,, ~ ~+. ~ M ~~ LL r + ;- '< pdi F + b ~ REZONE s° ~a~e q ,~ F ,Q+ + + + CITY OF KENAI a ar~9 ~°~a~ r~ab~ ~s"~ ~ + STRIP NEAR EVERGREEN oo ~P off, ~~s R'~~F ,s~ ~I~ I Iss~ uss ~• Is: n ... ii wT t / - u U.S C `f- + " wu w. K ~~~ , r i ~~~a ~ ?a 171 _~ I 7 ~P~ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PIIBLIC HEARING NOTICE A Public Hearing on a Rezoning Application has been scheduled by the Renai Planning & Wednesday, May 26, 1993 commencing at 7:00 Council Chambers, Renai, Alaska. The appl by The City of Kenai, and is for a portion 36, T6N, R11W, S.M., Kenai, Alaska. under RMC 14.20.270 Zoning Commission for p.m. in the City Hall ication was submitted of the SE 1/4, Section Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Kenai, Alaska, 99611 prior to May 26, 1993. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY - 9 1 ~ ~" 1791 1 8 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Kenai Planning and Zoning Commission FROM: Kim Howard, Administrative Assistant ~i °° DATE: May 20, 1993 RE: Proposed City Land Sale The City is planning a competitive bid sale of approximately fifteen residential lots along Evergreen Street. Please review the attached map and make a determination as to whether any parcels are needed for public purpose. KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for public purpose." If the Commission does not desire to retain any of the lots, an ordinance will be introduced at the June 2, 1993 Council meeting finding the property is not required for public purpose and can be sold. SALES\PPURPOSE.MEM A w •u ~~~,~~ N H N ~~ i 0 3 5 e~~` ~S ~~'~P ~ Y $a X~ y ~~ ~~ • l ,: Is t f M •~r Y „_ is a3~~ ' N ~ `~ ~ f >, .,.... ~ ~ .~ r f ~ a -- ~~ Q ~`~ i R 3 ~_ h ~~ ~ ~ ~ w • ~~ • ~w ~~ h ~ _ E Oi ' j "'~ • ~ t / .~ /ti/ /` /` Y L Y ~ r • a >R , >c se AGENDA ITEM C. CONSENT AGENDA 3. Coastal Management Progra b) Kenai/Soldotna; Resi Creek 13; Baily; AK9305 STAFF REPORT ~b Q R qfi r m Consistency Reviews dential Floating Dock; Beaver 11-14A/1-880698. Meeting Date: 05-24-93 Applicant: Nathan Baily PO Box 3337 Kenai, AK 99611 Location: T05N, R11W, sections 1 Government Lot 12 KPB Parcel No. 49-040-27 Description: Application for the seasonal placement of a 50' x 4' floating dock on tidally influenced Beaver Creek supported by z"cables, attached by a seasonally placed 4' x 35' hinged and pinned aluminum ramp to a 12' x 16' cedar permanent deck supported by 6" cedar pilings. The dock is for moorage of multiple vessels for private use. The dock will prevent erosion of the creek bank. Supporting Information: The upland lots adjacent to Beaver Creek are located within the City of Kenai and zoned residential. Historically, state agencies have questioned the necessity of large docks for private use. The City of Kenai, Planning Commission will review the application at their May 26 meeting. A similarly designed 50' x 4' permitted dock is located on lot 1, Jack Webb subdivision, approximately 300' up river from the proposed new dock. Navigational restrictions may be caused by the floating docks. Beaver Creek is located outside the Kenai River Special Management Area and also outside the COE General Permit area. The permit requirements for the project are: 1) ADF&G Fish Habitat permit and 2) COE Section 10 permit. STAFF RECOMMENDATIONS: That the Planning Commission approve requesting the following additional information: 1. Has the applicant exhausted all other practical alternatives for boat moorage? KPBCMP 2.2.a.1-6. Potential alternatives such as: community use docks with one dock serving multiple lots, a similarly designed 50' x 4' dock is located on lot 1 Jack Webb subdivision approximately 300' upstream and page 2 AK930511-14A/1-880698 smaller dock design such as reduction to 20' x 3' with additional deck mounted anchoring hardware to adequately secure moored boats parallel to stream/tidal flow? 2. Shore ties using 2" cable may pose a safety hazard and per KPBCMP 2 . 2 . c. 3 "...shall not utilize shore ties or other means which restrict passage around their location unless specifically approved by the appropriate agency as meeting regulatory requirements". Tidal influence and dock size may require the use of the shore ties. The applicant is requested to review the dock design and provide additional justification, means of meeting regulatory requirements and/or remedies for the shore ties such as: reduction of the 50' length of the dock could reduce the cable requirements, a durable, visual marking of the shore tie cables similar to aircraft markers buoys used on overhead utility lines may provide visual awareness and additional safety. Potential cumulative and secondary impacts may be caused by the permitting of numerous floating docks on Beaver Creek, not intended as a specific objection to this floating dock application, rather a concern for the long range management of an estuarine environment of the lower Kenai River. Alternatives may exist which would satisfy boat moorage needs of upland property owners such as, but not limited to: public facilities for multiple lot usage for the Beaver Creek area, developing and establishing regulation to standardize the design and size of floating docks similar to the standards of the Kenai River Special Management Area, amending the boundary of the Kenai River Special Management Area boundary to include Beaver Creek and Moose River. Both waterways have intensive recreational use coupled with high density upland land divisions. NOTE: Request for additional information due May 26, 1993. END OF STAFF REPORT. WALTER J. h'iCKEL, GOVERNOR OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND £3UDGET DIVISION OF GOVERNMENTAL COORDINATION '~SOUTHCENTRAL REGIONAL OFFICE ~c01 "C" STREET, ~UITE 370 HrJCHORAGE. ALASKA 99503-2798 ~H: 1907) 661.6131lFAX: (907) 561-6134 ^ CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 ^ PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501.2343 PH: (907) 278-8594/FAX: (907) 272-0690 May 11, 1993 Mr. Nathon O. Baily PO Box 3337 Kenai, AK 99611 Dear Mr. Baily, RE: Consistency Review Start-Up State I.D. #AK93051 1-1 4A Beaver Creek 13 -Floating Dock Project ,.,ur,? ,,_ ,;,.' ._, ^~'~ ~=`~ c~ The Division of Governmental Coordination received the coastal project questionnaire, applications, and supporting information you submitted for our project consistency review. The enclosed project information sheet includes a State I.D. Number AK93051 1-1 4A. Please use this number in any future reference to the project. This will be a 30-day review. Your project is to construct a seasonal 50' X 4' cedar floating dock supported by 1/2" cables and attached by a seasonal 4' X 35' aluminum, hinged and pinned walkway ramp with a float to a 12' X 16' cedar permanent deck supported by 6" cedar pilings. The purpose of the dock is to moor multiple vessels for private use and to prevent erosion of the creek bank. The proposed deck would be constructed above the mean high water line. The floating dock and ramp would be removed from the waterway each winter. 4 The project is located in Beaver Creek, Government Lot 12, 805 Ames Road, Kenai, Alaska in Township 05 North, Range 11 West, Section 1, Seward Meridian. Your project is within the Kenai Peninsula Borough (KPB). The KPB will be asked to comment on your project based on the Kenai Peninsula Borough Coastal District Program. Appropriate materials have been distributed to participants in the Alaska Coastal Management Program for their review and comments. Reviewer milestones and the associated permits are indicated on the enclosed sheet. Beaver Creek 13 - 2 - State I.D. #AK93051 1-1 4A Consistency Review Start-Up This will be a 30-Day Consistency Review. May 11, 1993 If you have any questions, please give me a call at 561-6131. Thanks for your cooperation in this review process. Sincerely, S . ~~.-.~ John S. Thiede Project Review Coordinator cc: Kenai Peninsula Borough Distribution List Ms. Victoria Taylor, COE, Anchorage KENAI PENINSULA BOROUGH -~ DISTRIBUTION LIST May 11, 1993 Mr. Tim Smith, State Historic Preservation Office, Department of Natural Resources, Anchorage Mr. Larry Bullis, ACMP Liaison, Department of Natural Resources, Anchorage Ms. Carol Jo Sanner, Permits Officer, Department of TransportatioNPublic Facilities, Anchorage Mr. Don McKay, Habitat Division, Department of Fish & Game, Anchorage Ms. Elaine Pistoresi, PIC, Department of Environmental Conservation, Anchorage Mr. Richard Rolland, Exective Director, Chugachmiut, Anchorage Mr. Mark Stahl, Chugach Alaska Corporation, Anchorage Honorable Don Gilman, Mayor, Kenai Peninsula Borough, Soldotna Ms. Mary Pearsall, KPBCMP Coordinator, Kenai Peninsula Borough, Soldotna Mr. Phil North, EPA, Anchorage Ms. Chris Titus, Superintendent, State Parks, Dept. of Nat. Resources, Soldotna ~~ WALTER J. NICKEL. GOVERNOR OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION L~J SOUTHCENTRAL REGIONAL OFFICE X501 "C"STREET, SUITE 370 .;T~CHORAGE. ALASKA 99503.2798 ,.=H: (907) 561-6131/FAX: (907) 561-6134 ^ CENTRAL OFFICE P.O. BOX 110030 JUNEAU. ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 DEC Tim Rumflet (907) 563-6529 DFG Don McKay (907) 267-2284 DNR Larrv Bullis (907) 762.2249 COE Victoria Taylor (907) 753-2712 ^ PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE. SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 PROJECT INFORMATION SHEET PROJECT TITLE: BEAVER CREEK 13 STATE 1.D. NUMBER:.AK930511-14A DGC CONTACT: John S. Thiede Phone: 561-6131 Fax: 561-6134 APPLICANT/PROPONENT: Nathan O. Baily AGENT: Nathan O. Baily Phone: 283-3984 Fax: DIRECT FEDERAL ACTION: NO REVIEW TYPE: CONSISTENCY ACTIVITY TYPE: OTHER (Floating Dock) PROJECT LOCATION: Nearest Coastal District: KENAI PENINSULA Project is INSIDE/LANDWARD the District Boundary District Plan Approved: Y Latitude OD OM OS Longitude OD OM OS Township 005N Range 011 W Section 01 Meridian SM USGS Map Kenai (~-4) REVIEW SCHEDULE: 30 DAYS REVIEW MILESTONES: Day 1 :.................................................... 05/11 /93 Reviewer Request for Add'I Info :.............. 05/26/93 Comments Due To DGC :.......................... 05/28/93 Preliminary Determination Deadline:......... 06/05/93 Conclusive Determination Deadline:.......... 06/10/93 PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK t-A35LH PROJECT INFORMATION - 2 - May 10, 1993 BEAVER CREEK 13 STATE APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): DFG FISH HABITAT PERMIT FEDERAL APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): COE SECTION 10 1-880698 RE~UESTOR FOR EXTENSION: ELEVATION TO: ELEVATED BY: ACTION AT CLOSEOUT: Closeout Date: District Comments Received: For Conclusive Consistency Determinations: For Other Reviews: Comments Submitted: ADDITIONAL COMMENTS: Closeout entered into computer: (date) By: Updated: (date) By: Updated: (date) By: Updated: (date) By: •.~ ~~ RECEiv~o ~_ :.s~? 1 ~ 1:~•s REGUUTORY HJNCTIONS BRANCH Aloska [)istrici, Corps of Engineea Coastal Project Questionnaire and Certification Statement I', Please answer all questions. To avoid a deiav in processing, please call the department if you answer "yes" to aay of the questions related to that department. Maps and plan drawings must be included with your packet. An incomplete packet will be rerurned. ~ .APPLICA.~lT I~tFORMATION Beaver. Creek 13 (1-880698) • ~Iar~an n jai 1 * ~_ Veme of Appircant Corrtact Person p.0 3ox '337 >ddress '~enai. ~1C 99611 City Sate Zip Code X907) '83-384 uav[Ime rhone Address City State Zip Code Daytime Phone t decooy Numoer • PRO.IECT I~IFOR;~IATION Provide a brief descr:ption of your a^tire project ana ALL associated facilities taccess roads, caretaker ~aciiities. waste disposal sites. etc. ~. ?lease use an extra street of paper ii necessary. Tncrailarinn or rmanent deck to attach removeable. floating ramp and deck This =rr++r•rnra will Drevent erosion of the stream bank and facillitate sae entr•: ana exit `rpm boats. Proposed starting date for project: 5 / 15 / 93 Proposed ending date for project: 6 / 15 / 93, =• Attach a detailed description of the project and all associated facilities. Include a project timeline for completion of all major activities in the proposal, a site plan depicting all proposed actions, and anv other supporting documentation that would facilitate review of the project. ~ PROJECT LOC~-TION . Location of project t include nearest communi[v or name of the land feature or body or water. Identin township, range and sections: Seaver Creek ~ • Township ~=~ Rea¢e 11W SceUOn ~lenoian eWard yR`• 1CVIIa:p O/Y? ~llt 1 , The project is on: ^ State Larids ^ Federal Land ®Private Land ^ Municipal Laad 'State land can be aptands. tidelands. or submerged lands to 3 miles o$slwra See Qutstion MI in DNR section. 3. The proiect is located in which region (see attached maps: ^ Northern ®Southcentral ^ Southeast ~. Attach a copy of the topographical maa with the project location marked on it. • CURRENT APPROVALS Yes No 1. Do you currently have any State or federal approvals for this project? ............. ^ ^ Note: t Approval means permit or any ocher form of aurhortzation. If 'yes," plea.:e list below: t State Review ID3' (p:eviouuy Approve Type Approval N Espirwon Due ~a~israeu br DG~ • FEDERAL APPROVALS ' is the orooosed protect on U.S. Forest Service (USES) land or will you need to cross Yes Vo (.JSFS lands for access? .......................................... ^ ^ If yes.:.ave you applied for or do you intend to apply for a USES permit or approval? ... Date ct submittal: Does ::.e cost or the oroiect exceed 5^_50.000? .......... .................. ^ =. Will you oe constructing a bcid~e over tidal (ocean) waters. or navigaole rivers, screams or lakes? .............................................. l v [f yes.: ave you applied for or do you intend to apply for a U.S. Coast Guard permit for the bridges? ................. ^ .. ^ Date or submittal: 3. Will you be placing structures oc tills in any of the following: ~ tidal iocean) waters? streams? lakes? wetlands=? ........................... ^ ~ •ljyou are not cerrmn weerhe,• tour orvporcd onvrret is in o wrrtands. twttraa the U.S Corps of Engl. nasn. Regulatory 8rwtdt at t~71 iS3•Z7Z0 Jor a avet/andt detsnrananon /outa~de tie Menorogs aneo tali to(! free i-800-d78-2713.) [f ves.:.ave you applied for or do you intend to apply for a U.S. Armv Corps of Engineers iCOE) permit? ..................................... .. ^ Date or submittal: ntr;~ O~Y? Pale -t. Have you applied for, or do you intend to apply for a U.S. Environmental Protecxion Agency National Pollution Discharge Elimination System permit? (Note: For injonnarion Yes NO regaraing the nerd jor an NPDES pernat, txuuaa EPA at ~90~ 271-5083.) .. ... ^ Date of submittal: 5. Have you applied foc or do you intend to apply for permits from any other federal agenc:~? .................................................... ~ AGENCY APPROVAL TYPE DATE SUBMriTED ~ DEPARTtitENT OE NATURAL RESOURCES (DivRl APPROVALS ':ore: /n aaaition ro State-0wned ua/atrds, the Slaw owns d»tost all land below the ordinary high xwtsr line of nav~Qaou srreamr. evert ana Ialretr. and the ,neon nigh tide line sea,.aio jor three trslet. I. Is tre proposed project on State~wned land or will you need to cross State~wned land Yes No 2. is any portion of your project to be placed on State-owned land below the ordinary high water line of a stream. river, or lake, or the mean hisit water lirt~ of a salt- wateroody% ................................................ ^ ®. ~. Do ~:~u plan to construct an aouatic farm on State-owned land? .... . ~. Do _::~u plan to dredge or otherwise excavacelremove materials on State-owned land? .... Loc::on of dredging site if ocher than the project sire. ~uescr:oe~: Tawnsmo Ranee Sectron Meridian ~. Do •:ou plan to place till or dredged material on State-owned land? ..... ^ `~ .......... Lo~tton of till disposal site if other than the project site. f"descrrmel: 4 Township Ranee Section Meridian _ ~-; Source is on: ;_: State l.srw C Federal t.and ~ Private t.and ^ Munici alp t.and 6. Do you plan to use any of the following State-owned resources : ................. ^ F, c~ U Timber. Will you be harvesting timber? Amount: ~• ! .ltateriQis such as rock, sand or ;ravel, peat, sou, overburden. etc.: Which material? amount: ~~„~s.>, o,~n ?ace ~ Location of source if other than the project site: (deacribe)• Tow~unio Ranee Soetion Meridian Yes No 7. Are you planning to use any fresh water? ............................... ^ Amount (gallons per day): Source: 8. Will you be building or altering a dam? ................................ ^ ($ 9. Do you plan to drill a geothermal welt? ................................ ^ (~ 10. At any one site !regardless of land ownership, do you plan to do any of the following? ... ^ ~! 1~tine rive or more acres over a year's time? ^ 1~iine X0.000 cubic yards oc more of materials (rock. sand or gravel, soil, peat, overburden, etc. ~ over a year's time? ^ Have a cumulative unreciaimed mined area of five or more acres? If you Dian to mine Iess than the acres~e~amount stated above and have a cumulative unrectaimed mined area of less than rive acres, do you intend to file a voiuntarv recla- mation plan for approval? ......................................... ^ rl 11. Will ~~ou be exploring for or extracting coal? ............................ ^ ~ ,_. Will ~:ou be drilling for oil/gas? ..................................... ^ ^ ._. Will ~•ou be investi¢atin2 or removing historical or arcaaeotoQica! resources on State- ownealand? ................................................. .~ ~:. :;. Is the orooosed oroiect tocatea in a unit of the Alaska State Park System? ........... ^ [f you answered "No" to ALL questions in this section, you do hoc need an approval from D1VR. Continue to next section. If you answered "Yes'' to A,yY questions in this section. contact DNR to identify and obtain nece9sary application forms. Based on your discussion with DNR. riease complete the following: .4~or~val Tvne Date Sunmitted ':. Have you paid the tiiin~ te.° °nuirz:i ic~r the DhR permiu? ...... ........... 16. If you answered yes to any questions and are not applying far DNR permiu, indicate reason below: ~ a• (DNR contact) told me on that no DNR approvals or permits were required on this project. Reason given by DNR: ^ b. Other: ~ DEPARTti11ENT OF FISH & GAHiE (DFG) APPROVALS 1. Will you be working in, or placing anything in, a stream, river or take? (This includes work in running water or on ice, within the active flood plain, on islands, the face of y~ Vo the banes or the tidelands down to mean low tide.) .................. (g _ j Name of ~ stem, ^ river, or v lake: . ?. Will you do any or the foliowine? .................................... ^ J Please indicate oelow: ^ Build a dam, river training structure or instream impoundment? ^ Use the water? ^ Pump water out of the stream or lake? ^ Divert or after the natural stream channel? ^ Block oc dam the stream (temporarily or permanencivj? ^ Change the water rlow or the ~.vater channel? introauce silt, ~ravei, rock, F:troteum products, debris, ~aemicats, or ocher organiciinorgantc •.~•aste of an~• type into the water? Use t.7e stream as a road (e:-ea when frozen, or crossing t::e stream with tracked or wheeled ~:ehicles, iog~ragging or excavation eouipment tback- aoes. ouildozers, e:~.:? .alter or stabilize the oanks? ^ Mine or dig in the c~as or banks? ^ Use explosives? ^ Build a bridge tinciuding an ic~ bridgej? ^ Install a culvert or outer drainage structure? ~r ^ Construct a weir? ® Use an in-stream structure not mentioned here? If yes, describe: Permanent deck and attached floating ramp and dock for summer use ~. Is your project located in a desi;nated State Game Refuge, Critical Habitat Area or State ~anctuary? ............................................... ^ g ~. Does your project include t..^,e constn:c:ionroperation of a salmon hatchery? ...... ^ ~, .. Does ~•our project atfect. ;;; ;s it related to, a previously permitted salmon hatchery? . ... ^ ~. Renseu b/'12 Paee S Yes No Does your project include the construction of an aquatic farm? ................... ^ ~, 6. If you answered "No" to ALL questions in this section, you do not need approval fcom DFG. Continue to next section. If you answered "Yes" to ANY questions under 1-3, contact the Regional DFG Habitat Division Office foc information and application forms. If you answered "Yes" to questions 4-6, contact the DFG at the FRED division headquarters for information and application forms. Based on your discussion with DFG, please complete the following: Apvrovai Tvne Date Submitted NEEDS A FISH HABITAT PERMIT %. [f you answered yes to anv questions and are not applying for DFG permiu. indicate reason below: ^ a. (DFG contact) told me on soprovais or permits were required on this protect. Reason given by DFG: . Other: ~ DEPARTti1Eti'T OF ENVIRON><'IENTAL CONSERVATION (DEC) APPROVALS ;. Will a discharge or wastewater from i:.dustriai or commercial operations occur including Yes No storm water drainage? ........................................... ^ ~ If so, will you be connecting to an already approved sewer system? ............... ^ ^ ?. Do you intend to construct, install or modify any part of a wastewater (sewage or ' grevwater) disposal system? ...................................... ^ [f so. will the discharge be St70 gpd or greater? ........................... ^ ^ ~. DO you expect to request a mixing zone for your prooosed project? (!f your wasre+.nter . . . ^ disenaree +.ai1 esceed Alaska water ouaiirv ttanaanis. you rosy aopir for a tncung Zone. !j so, please contact DEC to discuss rniomm~on reouired rutier 18 AAC 70.032.1 that no DFG Yes No 4. Will the project result in either of the following : ........................... ^ ~ ^ Dredging in a wetland or other water body? ^ Placement or fill materials or a structure in a wetland or other waterbodv? RVors: Your appuaanon jor rliia aatvirr ro r/re Corps of Ertgrnesrr aLro ssrns ar your app(icaaon ro DEC 1 5. Will your project produce any domestic or industrial solid waste shat, because of logis- tics or the nature of the material, cannot be disposed of in a presently permitted land- fill? ....................................................... ^ 6. Wilt your project require the application of oil or pesticides to the surface of the land? ... ^ ~ .. a. Will you have a faciiity that will generate air emissions from processing ;renter than jtve cons per hour or material? ......................... ^ ~ b. Will you have one or more units of fuel burning equipment with a heat input rating of SO million Bru ner hour or more? ......................... ^ ,~] c. L) Will you have a facility containing incinerators with a total charging capacity or 1.000 pounds per hour or more? .................. ^ ~ ?) Do you incinerate sludge? ............................... ^ d; d. Will ~•ou have anv of ~~e following processes : ....................... asphalt plant Petroleum resinerv Coal oreoaration faciiity _ ~ordand cement plant e. '.Pill your faciiity use the followine equipment? ....................... ! %~~ diesel internal comoustion engines? (total uaacuy ¢ruter tttsn i . ~:0 ;ilo+.nur ar total ratea oraice specific horsepower ¢[eater flan 1900 blra- .~ ~1S tired b011erS tTatal heat input rating oC 100 million i3tn per hourr `: Otl ilrt'.d b011efS (Total hcat input rating of 6S million Btu per hours ._ comoustion turbines ttotai rated power pnepue ei d.000 Nit r r t. Will ~~our faciiity burn more than the following per year in stationary equip- ment? ................................................ ^ ~ _: (.000,000 gallons of fuel oil 900 million cubic feet of natural gas ~~.000 tons of coal g.~. If you have answered '~•es" to anv of the above questions ~7 a-tl. have you in- stalled. ;eptaced or modified anv fuel burning or processing equipment since I 1977'' ....... ...................................... ^ ~ RCV~soC av2 Paee i Yes No g. Will you be altering a public water system? ^ 9. a. Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or noa-trade oil as bulk cargo, or the transfer of oil or outer petroleum products to or from such a vessel or a pipeline system? ........... ^ ~ b. Will your project require or include onsaore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non-crude oil? ...................... ^ ~ c. Will yvu be operating facilities on the land or water for the exploration or pro- ~ duction of hydrocarbons? .................................... ^ 10. ~'Vill you be subdividing lands into two or more lots (parcels)? ^ ~ If you answered NO to ALL questions in this section, you do not need a permit or approval from DEC. Please continue to cettituation statement. If you answered YES to ANY of these questions (see i/4 note), contact the DEC Regional office for information and appiicztion Corms. Based on your discussion whit DEC. please complete the following: ~~mvai Tyne Date Submitted 11. [f you answered yes to any ouestions and are not applying for DEC permiu, indicate reason below: a. (DEC ::ontact) told me on approvals or permits were required on this project. Reason given by DEC: that no DEC n b . Other: Certification Statement The information contained herein is true and complete to the best of my knowledge. !certify thaz the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal M / Bement Program. ~ ~, ~ / ' \ Si cs o~'~Applicnt or Ageac Date Note: Federal agencies conductinP an activity that will affect the coastal zone are required to submit a federal consistency determination. per 15 CFR 930, Subpart C, rather titan this certincation statement. ^ Tv complete vour packet, please attach vour State permit applications and copies of your federal permit applications to this Questionnaire. ~h. rc/ 'i- - - - ,.- ~ ,-~~ ~Q _ -_ - ~ r ~ -"-~..~.• : ` ~NTERitiI CAtLSTAL ZONE BOI~IOARiE: __ _ ~---' ~l ~ OF N.ASKA ~~ ~ •~ ~ I W1EN CN lTATE AND -111VATE LAND MDi S1JalELT .. ~ ro au ADOPTEp ~OC,u. CBAStAL PLIw {"?w. ;-rte No RTkca a Wig: -- - .. ~` _ -~ i,~.,J .r. ..~ ... -,:• _ ,L~ ,•i`f ~ , _ i ~ ~ ~ .... ~-•-.. 'Y ~-' ~. "' e,rf. _.._~ ~..~. ~^e , ~ ~~. ~~ y ~~. .:. _ ~:.r ~ti '. iLW15~ Oi N2 Page d GENERAL WA'I'ERWAY/WATERBODY APPLICATION ALASKA DEPAR7TviENr OF FISH AND GAME Habitat Division 333 Raspberry Road Anchorage, AR 99518-1599 A. APPLICANT 1. Name: 2. 3. Address ~~o / j _ Telephone: 1z~ - ~ ~~ Project Contractor: Name: ~~f' ,- - Address: H. C. TYPE DRPOSE P AND OF PROJECT y _ Telephone: LOCATION OF PROJECT SITE ~~ 1. Name of River, Stream, or Lake: / ~J~•/ ~'°') ~ U Z or ;nadromous Stream # ~. Leaal Description: Township ~V, Ranae // Meridian __ ~i - -- ~~ Section ~ ~i~' USGS Quad Hap 3. Plans, Specifications, and Aerial Photograph (See specific instructions ~. Cti~~ ~~ ~ ~ ,~ .7 n D. TZuE FRAME FOR PROJECT: ~ to ; ~~1~?~"'?-~~ ~Z (dates) S. CONSTRIICTIOH I~iBTHODB: 1. Will the stream be diverted? Yes ~r No Haw will tre stream be diverted? How long? 2. Will stream channelization occur? X -2- Yes No 3. Will the banks of the stream be altered or modified? Describe: 4. List all tracked or wheeled equipment (type and size) that will be used in the stream (in the water, on ice, or in the floodplain): ~> //'- How long •ail_ equipment be in the stream? T 5. a. Will material be removed from the floodplain, bed, stream, or lake? Type: Amount: b. Will material be removed frcm below the water table? X ~. If so, to what depth? Is a F•.::.:ping operation planned? 6 . Will r~ater:al ( including spoi:s , debris , or overburde:: ; be deposited .n the floodplain, streaW, or lake? X If so, what type? Amount: Disposal sit. locaticn(s): 7. Will blasting be performed? Weight of c::^.arges Type of substrate: 8. Will temporary fills in the stream ar lake be required during construction (e.g. , for construction traffic around constr~ctian site) ? 9. Will ice br. .s be required? /~ F. 82TE REHABILITATION/RE9TORATSON PLAN: On a separate sheet present a site rehabilitation/restoration plan (See specific instructions). ~G. RATERHODY CHARACTERISTICS: Width of stream: Depth of stream or lake: ~(.r! .~ , 1~ E' ~~/~-~ ~ N G " Off. ~~ F Type of stream or lake bottom: ~...,M,(~//J( I%~( (e.g., sand, gravel, mud) ~ ) ' Stream radient: 11; P ~~~,~ `~ I l g _______ - - ~.U . ~_ ~ H. HYDRAIILIC EVALIIATION: 1. Will a structure (e.g., culvert, bridge support, dike) be placed below ordinary high water of the stream? If yes, attach engineering drawings or afield sketch, as described in Step B. For culverts, attach stream discharge data for a mean annual flood (Q=2.3), if available. Describe potential nor channel changes or increased bank erosion, ~ if applicable: ~ '•. /(. ~ 2. Will more than 25,000 cubic yards of material be removed? _,~ If yes, attach a written hydraulic evaluation including, at a minimum, the following: potential for channel changes, assessment of increased auf eis (glaciering) potential, assessment of potential for increased bank erosion. I HEREBY CERTIFY THAT ALL IHFOA2~ITION PA04IDED OH OR IH CONNECTION AITH THIS APPLICATION IB TAIIE AND CONPLBTE TO THE BHST OF IiY A+IOALEDGB AHD BELIEF. :~ ~ ~/ , ~ ~~- -~ G ~ ~ Signature ,or App • ~ Date -- -4- l~l~ `t _7 U ~ i t " l ~ /+~ ,. ~...~ u~ army c-or~s of Engineers Alaska District Regulatory Branch (1145b) Post Office Box 898 Anchorage, Alaska 99506-0898 ~~~iuc OF ,, *t ~ ~;~,~'s~N~ ~ ~UOG~ ,~..~°- MAY 0 5 1993 PUBLIC NOTICE DATE: 04 MAY 1993 EXPIRATION DATE: 19 MAY 1993 REFERENCE NUMBER: 1-880698 ~~;,~~'nN(J~~-`+ ~ AL. WATERWAY NUMBER: Beaver Creek 13 :.~.~ Interested parties are hereby notified that an application has been received fora Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. APPLICANT: Mr. Nathan 0. Baily, P. 0. Box 3337, Kenai, Alaska 99611. LOCATION: Beaver Creek, Government Lot 12, 805 Ames Road, Kenai, Alaska, sec ion T. 5 N., R. 11 W., Seward Meridian. WORK: The applicant proposes to construct a seasonal 50' x 4' cedar 1•Toaiing dock supported by ij2" cables and attached by a seasoriai 4' x 35' aluminum, hinged and pinned walkway ramp with a float to a 12' x 16' cedar permanent deck supported by 6" square cedar pilings. PURPOSE: The purpose of the dock would be to moor multiple vessels for his pr~va a use, and to prevent erosion of the creek bank. ADDITIONAL INFORMATION: The proposed deck would be constructed above the mean ~g wa er ine, and therefore is not subject to regulation by the Corps of Engineers under Section 10 of the Rivers and Harbors Act of 1899. The floating dock and ramp would be removed from the waterway each winter. For additional information, contact Mr. Nathan 0. Bally, P. 0. Box 1337, Kenai, Alaska 99611. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal one anagemen c o as amen e y 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment perio specs led in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Public Notice of Application for Permit CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. This work site is not a registered or eligible property. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: No threatened or endangered species are known to use e prod ec area. Preliminarily, the described activity wi l l not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use t e project area: teelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Black Brant, Canada Goose, Aleutian Canada Goose, Lesser Canada Goose, Dusky Vancouver Canada Goose, Cackling Canada Goose, Lesser Snow Goose, White-fronted Goose, Tule White-fronted Goose, Bald Eagle, Emperor Goose, Trumpeter Swan, Tundra Swan, Mallard, Canvasback Duck, Lesser Sandhill Crane, and Peale's Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include con ormance wi appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. The project is not within the boundaries o e enai ever pec~a Management Area. EVALUATION: The decision whether to issue a permit will be based on an eva ua ion-of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue `from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision -2- a ¢fb~ hiNge . - ~, ~~ ~ oy v SECTION VIEW ~ TZTI+E HLOCK Np~g; Fixed deck 1" = 3' WATERWAY: Beaver Ck. LOCATION : Kenai . AK Beaver Creek 13 1-880698 Sheet Z of i Oate ~ inn/g~ N z"~"Duck t j~ns~ ~ ~iN. 3.SJ ~Q,~ tt.Irt~~ucta-~t- ~ ~~ ~ ~ k L • ~f ~' p;it"~ a' ~, c.~) _ _ SECTION VIEW ~ TITLE HLOClC M a,. NEE; Fixed Deck and Ramv 1" 7' WATERWAY: Beaver Ck. LOCATION : Kenai, AK Beaver Creek 13 1-880698 Sheet 3 of .,~ Date . 3 i l0 i 93 ~~~ ~J /ra-~``, ,, 60 `~~ ~. ~ ~ , ~ ~ ` ' ' ~ 3 g rd lo lo 8 SECTION VIEW TITLE HLOCR Np~$; rreek (:rnaa-cPrti nn 1"~20~ WATERWAY: R aver ('.k. LOCATION : xPna i _' AK Beaver Creek 13 1-880698 Sheet ~ of ~ Date ~ i ~ o~ ~ should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary,to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need fora public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Victoria Taylor at (907) 753-2724, or toll-free in Alaska at (800) 478-2712. AUTHORITY: This permit will be issued or denied under the following aut or~ties:• (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). A plan and Notice of Application for Certification of Consistency with the ~ Alaska Coastal Management Program are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments -3- Dock size: 4' % 58' ' Extension into creek: Max 30' from MHW KcN.~ 36 Boats accommodated: two 3s ~"''~ ~~' 31 Location: TSN, 11W Seward Me~idian Seward Meridian T6N ~ overnment Lot 12 TSN ''~! s P ~ _~~ ~--= GOV . ~QT 12 i E~St S'HOREI~iV~c ..•;i~ ~2 7 VICINITY MAP ~ LOCATION OF PROJECT 1" ~ 1 mile ...-.. ~~i w ~!Z ~- .~~ ` ~ ~~ ~r _.. _ O ~~ I V I `~ ~~ ~ I ~ ~~ ~~' ~ ~~~ 11j-KC~A(3l ~ p~ e ygV S ~~~ ~ K ,_ ... ~~free, Purpose of project SCALE: To attain safe access to boats b 1„=25' to prevent bank erosion. Nathan 0. Baily Adjacent property P.0. Box 3337 owners: R.J. Smith & Mack Pad ett Kenai, AK 99011 r~o~ __ Ltin iwDA1~ TITLE BLOCK Nom; Fixed walkway & Float dock WATERWAY: Beaver Creek LOCATION: City of Kenai, AK Beaver Creek 13 1-880698 Sheet 1 of S Date 310 A3 -~ eW ~i~ . AGENDA RBNAI CITY COIINCIL - REGIILAR MEETING MAY 19, 1993 7:00 P.M. RENAI CITY COIINCIL CHAMBERS BOARD OF ADJIISTMENT HEARING - JACR80N APPEAL A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 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. SCHSDIILED PIIBLIC COl~II~IENT (10 Minutes) 1. Ed Bytord - Clearing of Right-Of-WaysJDena'Ina Point Estates. ~. Lra-rr /'~CSCs/'~-sue! - ~l~ ~Oy~ IC H~INGB C. PIIBL ~~5~ ~, 1. Ordinance No. 1539-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. ~~~.~. 2. Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. 3. Ordinance No. 1541-93 - Increasing Estimated Revenues and Appropriations by $400,000 in the Court Facility Capital Project to Continue Work on the Project. '~`~~~~~`~~ a. Motion for Introduction ~ .~~~2~~ b. Motion for Second Reading (Requires a Unanimous • Vote ) ~o~~d c. Motion for Adoption .. 4. Resolution No. 93-32 - Transferring $2,500 in the ,l ~~ ~• General Fund for Parks Department Salaries. -1- c~ ~- 5. Resolutioa No. 93-33 - Transferring $2,000 in the General Fund for Speed Bumps at the Visitors and Cultural Center. 6. Resolution No. 93-34 - Transferring $4,000 in the Water ~ ~55~ and Sewer Fund for Conversion of a Dump Box for the Sewer Treatment Plant. ~ 7 Resolution No. 93-35 - Setting the Percentage of Fair . ,yse~! ~• Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. ~ ~ 8. Resolution No. 93-36 - Transferring $3,000 in the ~~~ General Fund for Bond Counsel Fees Incurred in Refunding 1984/86 General Obligation Bonds. ~~~ .. 9. Resolution No. 93-37 - Awarding a Contract for the k Construction of 1993 Kenai Municipal Airport Crac ~ ~jiG~- Sealing and Painting to Diversified Asphalt for the , Total Amount of $51,517, Which Includes the Basic Bid. 10. *1993 Games o! Chance and Contests o! Skill Monte Carlo Permit Application - American Legion Auxiliary Unit 20 - 6/19-20/93; 8/28-29/93; and 10/30-31/93. 11. *1993 Games o! Chance and Contests o! Skill Permit Application - Alaska Municipal League. 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. MINIITES 1. *Regular Meeting of May 5, 1993. F. CORRESPONDENCE G. OLD HIIBINESB H. NEW BIISINE88 1. Bills to be Paid, Bills to be Ratified -2- 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. 4. *Ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993 and Ending June 30, 1994. 5. *Ordinance No. 1544-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. 6. *Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. ~o~roy~• 7. Approval - Assignment of Lease - Lot 9, Block 1, Cook Inlet Industrial Air Park Subdivision From Teamsters Local 959 to Rick Vann Profit Sharing and Trust. ~j/o Q~~_. 8. Discussion - Nikiski Pool Renovation Project - Letter of Support. ~~~ 9. Discussion - Agreement Between the City of Kenai and the State of Alaska for a Portion of the Financing of the New Court Facility. ~O Q~~ 10. Discussion - City Attorney and City Clerk Salaries. ~ 11. Discussion - Draft Agreement/New City Manager. Y~ ~vOr~ ~i55idx ~~` `~/g3 ~ ~.G»~yn G'o~ur~l Gls+-.,-c~,o I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCII88ION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA, ALASKA MAY 24, 1993 7:30 P.M. John Hsmme/men CAsirmen, Anawid~ Term Expires 1993 Phi/ip Bryson Vice Chairmen Kensi City Term Expires 1995 Robert Cutts PC Member Anchor Point Term Expires 1995 Leroy Gennswsy PC Membn Homer City Term Expires 1995 Debra Horne PC Member Kssilo! Arae Term Expires 1991 Keith Hursh PC Member Nikrski T~mr Expires 1993 Tom Knock AC Member Cooper Lending Term Expires 1995 Sussn Mumms PC Member Seldovis city Term Expires 199 Ann Psinter PC Member Moose Psss Arss Term Expires 199 Jodie Thames PC Member So/darns city Term Expires 1993 Chester Thoms PC Member Seward City Dan Gilmsn, Miyor Richsrd Troegsr P/snning Director Msris Sweppy Adminab~tivs AsaL Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extension a. Sprucewood Glen No. 04 KPB File 85-183 Location: Beaver Loop RoadlTern Avenue within City of Kenai RECOMMENDA?'!ON: 4rprc.a ex:cr~di:~g NroSl~rtine;,/ ap~rro.al through May 24, 1994. b. Tyrer Subdivision KPB File 90-0T8 Location: Kachemak Bay Drive within City of Homer RECOMMENDATION: Approve extending preliminary approval through May 24, 1994. c. Tukak Harbor Subdivision KPB File 87-132 Location: Kenai RlverlBig Eddy Road RECOMMENDATION: Approve extending preliminary approval through May 24, 1994. 2. Plats Granted Administrative Approval a. Byington Homestead Whisperwood Addition KPB File 89-113 b. Seward Townsite -- Cliff Addition Chamberlain Road Reptat KPB File 92-096 c. Van Devere SID Addition No One KPB Fiie 93-030 d. Sterling Vista Subdivision Equestrian Reptat KPB Flie 93-033 e. Bay View No. 5 KPB File 93-035 Final Approval of Plat Submitted Under 20.04.070 f. Alaska State Land Survey 92-022 KPB File 92-141 3. Coastal Zone Management Consistency Review a. KenailSoldotna Spirit Lake Camp Road; Salamatof Native Association, Inc.; AK930510-12A b. KenailSoldotna; Residential Floating Dock; Beaver Creek 13; Baily; AK930511-14A/1-880698 ~o~. 4. Informational Items a. Conclusive Consistency Determinations b. Swanson River; O~G/Beaver Creek #9; Marathon Oil Company; TWP 93-04 c. Kenai River; Airport Storm Drain Modification; City of Soldotna; FH-II-0044. d. Kalifornaky/Kaailof; Timber Harvest Notification of Operation; University of Alaska; KK 93-04 e. Chuitna; Temporary Water Use; ARCO; TWP 93-15 f. Tustumena; Boat Launch Reconstruction; Kenai National Wildlife Refuge; AK 930325-35A g. Ninilchik; Timber Harvest Notification of Operation; Kane; KK 93-12. 5. Commissioners Excused Absences 6. Approval of Minutes a. May 10, 1993 D. PUBLIC PRESENTATIONS WITH PRIOR NOTICE -None E. PUBLIC HEARINGS 1. Petition to vacate twenty foot wide unnamed north/south public alley; bounded by Lots 17 through 22; Soldotna Junction Addition No. 2, Block 6. Sec 29, TSN, R10W, S.M., City of Soldotna, irp~?i Recording rttgtrict, Alaska. KPB File 93-062 2. Petition to vacate section Tine easement associated with Lots 26 and 35, Gruening Vtsta Subdivisions, Sections 2 ~ 3, TBS, R13W, S.M., Homer Recording District, Alaska KPB File 93-047 3. Petition to vacate public right-of-way between Lots 26 and 27, Gregory Subdivision Addition No. 1; Section 17, TSN, R9W, S.M. Kenai Recording District, Alaska. KPB File 93-061 4. Receive testimony concerning the proposed classification of certain lands in the Cooper Landing area as Resource Extraction. The area is described as being the S112SW114NW1/4 and N112NW114SW114 of Section 35, TSN, R3W, S.M. Alaska, containing 40 acres, more or less. F. SPECIAL CONSIDERATIONS 1. Stephenkie Subdivision No. 2, a resubdivision of Lots 9 310, Block 2 (Plat 81-96 KRD) Request to alter plat by removing Note B. KPB File 93-031 2. Plat Waiver Application PIW Northey, Richard Section 36, Township 1S, Range 12W KPB File 93-071 3. Time Extension Request Blakley Subdivision Part 10 Replat and ROW Vacation KPB File 92-055 G. CONSIDERATION OF PLATS 1. Stout Subdivision No. 2; Mackey Lake Road; Preliminary; McLane 3 Associates KPB File 93-063 2. Nils O Svedlund No. 11; Homer City; Preliminary; Ken Branch KPB File 93-064 3. Original Townsite of Seward Replat #3; Seward City; Preliminary; Johnson Land Surveying KPB File 93-065 4. t?uality Acres; Kenai City; Preliminary; Whitford Surveying KPB File 93-067 5. Browns Lake West; Browns Lake; Preliminary; Integrity Surveys KPB File 93-068 1 6. Dugway No. 2; North of Anchor Point; Preliminary; Ability Surveys KPB File 93-069 H. COASTAL MANAGEMENT CONSISTENCY REVIEWS 1. OTHERINEW BUSINESS J. ASSEMBLY COMMENTS K. DIRECTOR'S COMMENTS L. COMMISSIONER COMMENTS M. ADJOURNMENT I~ Erv Terry P.O. Box 190228 Anchorage, Alaska 99519 May 21, 1993 City of Kenai Planning Commission 210 Fidalgo Ave. Kenai, Alaska 99611 Attention: pack La Shot Dear Mr. La Shot, ~._ .~ ~~~ ~ss3 ~~ ~ a ~, ., ,1: ~~ ~s r~~ , 51d~IG 3 I am writing this letter in regards to our discussion concerning your recommended approval of the rezoning request from the City of Kenai on A portion of the S E 1/4 Section 36, TGN R11W, S.M. ", from R.R. to R.S. zoning. I am against the request and the plans for several reasons: 1. The City of Kenai should not be in the business of developing lots and competing with private enterprise/developers. 2. As a private developer I could not compete with the City of Kenai for many reasons. You have no land basis. You buy all of your materials for government prices, which are less than small developers would have to pay. I would also doubt that the City would have to pay taxes on the improved lots until they are sold. I also doubt that the City will need to pay itself interest for the cash they take from the general fund to pay for the costs of development. 3. You told me that 75°s of the funds to pay for the improvements the City plans to make in the general area will come from the City general funds. By selling the 15 proposed lots (80'x 150' = 12,000 sq.ft. lots) for "approximately $14,000 - $15,000 each, the City could get back approximately $225,000. I do understand the logic of this, but please realize that the City will do this at the expenses of other land owners like myself who do not have the same opportunities and conditions that the City has. You are taking City land owned by the public and tax payers money to compete in a market where there has not been a market for several years. I am positive that there are numerous other people like myself who have struggled to pay not only the taxes imposed by the City and Y..t ~ F Borough governments, but also for the land itself. We received no grant from the Federal or State government. Now that their may be a small opportunity to finally develop a few lots and receive a return, the City wants to save itself some money and compete with us. Some how this does not seem fair! As I also mentioned to you, I really do not like the City paying for 75~ of the water, sewer, and paving that. has gone on in and around the area. That gives all those land owners with the 2 1/2 acre tracts a 75~ advantage over myself in being able to subdivide and sell their 2 1/2 parcels. I did not like it when I saw the City do the Limited Improvement District and provide the financial .assistance it did with the Inlet Wocds Subdivision, but I did not say anything. Obviously, that has turned out real well! How much has it cost us tax payers to finance, foreclosure and now argue with expensive attorneys everyone~s rights? It is my position that there is plenty of private land located within the City of Kenai to more than provide for any future needs for residential lots. The City of Kenai should not use public land and tax dollars to compete with us. Sincerely, _ Erv Terry (/ Managing Partner Kenai Properties ~~~r~ ~~~ ~i~v 2 l~a ~z2s- "/ ~ ~ ~~ ~ ~~~~ ~~~ a. J ~G ~. / ` c..y ~.. ~ ~ u v~-er2~ ` C~~ ~. , `-~'` ~~~ ~~~~d~ ~~ ~~~~ tc ~ ~~p~ I~~-~ ~ I~~u.;~, ~~K ~IK~11 ~~ ~~ ~ ~~e dv~ ~ j, ~ t1~~'G ~~ ~~ ?~ ~ ~~~ m~~. ~~~ ~ ~. 6 i~~~~~ ~ ~ q 1C~ra;~, vz~ d7'"'U~ 3i31~. PUBLIC HEARING NOTICE I ~ (Oontinwtlon) ~ ~ A Public eHearin~ on a Conditional Use Permit ~ AppNcatlon under KMC 14.20.150 has been scheduled by the I ~ Kenal Planning and Zoning Commission for Wednesday, ~ fAay 28,1993 commenarp at 7:00 p.m. in the City Haft Counal ~ ~ Chambers, Kenai. Alaska. The application was submitted by i Kenneth W. Morrison and is for aCatering/Fine Dining ~ ~ Business, located at 500 Robin Drhre+ Kenai. Alaska. ~ Afire wishing tD present testimony oonoeminp this permit ~ ~ strould do so ffi this hearing or submit writeen comments to the ~ ~ City of Kenai. Piarming Corrmrisaion, 210 Fdeigo. Suite 200. ~ -1 Kenai, AK 99511-7794 prior to May 26, 1993. For more 1 i28'.in please contact Jack La Shot or Loretta Harvey at 1 PUBLISH: &1li, 24+ 1993 17381211 ~---------------------J PLANNING AND ZONING COMMISSION MEETING DATE ~ ~ ~~~ ' . J~ ~ ~ ~ ~~~ ~ ~~~ 6~ ~~ V ~ ~1~ ~ ~~ ~`` o ~ ~~ ~x, ~~ f ~l ~~ ~~ ~ ~ ;~ ~ ~ ~ ~ ~ ~ ~~ ~ ROLL CALL Duane Bannock ~ Phil Bryson / ~ ~ (~ `~ ~°' Carl Glick Ron Goecke / y ~ `', Lori McComsey N ~~ l ~I Kevin Walker ~/ '~ °' Councilman Smalley `~' i,~G TO DO LIST: