HomeMy WebLinkAbout2005-06-22 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 22, 2005 - 7:00 p.m.
le
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
e
*APPROVAL OF MINUTES:
a. *June 8, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ05-40- Preliminary plat for Justa Subdivision. Submitted by Imegrity Surveys, 8195
Kenai Spur Highway, Kenai, Alaska.
b. PZ05-41 - Preliminary plat for Rodland Subdivision. Submitted by Integrity Surveys,
8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general .
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
Agenda
June 22, 2005
Page 2
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (5/25/05)
b. Land Trade for Boating Facility Exit Road.
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting - Comprehensive Plan- Goals &
Objectives- Discussion
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 8, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
e
*APPROVAL OF MINUTES:
a. *May 25, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ05-37 - Preliminary plat for Yragui Subdivision Addition No. 1. Submitted by
McLane Consulting, P.O. Box 468, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZ05-29 - Continued from 5/25/05 meeting- An application for a Conditional Use
Permit to hold concerts in conjunction with baseball games for the property known as the
NW ¼ of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application
submitted by Ran Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai,
Alaska. [Clerk's Note: There was a motion to approve Resolution PZ05-29 and a motion to
amend (that one at: the conditions o£ the permit be the loud speakers used in the concerts
point directly at the covered~Trandstands) on the floor from the May 25, 2005 meetin!7.J
b. PZ05-34 - An application for a Conditional Use Permit for a Recreational Vehicle Park
for the property known as U.S. Survey No. 678 Amended (810 Childs Avenue), Kenai,
Alaska. Application submitted by Jay Cherrier, Managing Partner, Port of Kenai LLC,
2404 Bayer Avenue East, Seattle, WA 98112.
c. PZ05-35 -An application to amend a Conditional Use Permit for Surface Extraction of
Natural Resources to allow excavation below the water table for the property known as
Tract Al, Beaver Loop Acres Add No. 1 (2369 Beaver Loop Road), Kenai, Alaska.
Application submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island
Lake Road, Kenai, Alaska.
d. PZ05-36 - An application to rezone the property known as a portion of Section 33 S 1/2
S 1/2 SW ¼ Lying South of the Kenai Spur Highway (also known as Lawton Acres-
10095 Kenai Spur Highway) from conservation to limited commercial. Application
submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai,
Alaska.
6. OLD BUSINESS:
®
NEW BUSINESS:
a. *PZ05-38 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 3, Yragui Subdivision (503 Candlelight Drive), Kenai, Alaska. Application
submitted by Carolyn Barnes, 503 Candlelight Drive, Kenai, Alaska.
b. Kenai River Center Project #5767 - An application submitted by Gordon Griffin, Kenai
Golf Course, to withdraw approximately 300 gallons of water a day from Boat Launch
Creek for watering golf greens. Discussion/Recommendation.
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (5/10/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING/h ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 8, 200S - 7:00 P.M.
VICE CHAIR CARL GLICK, PRESIDING
MINUTES
ITEM 1:
CALL TO ORDER
Vice Chair Glick called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Others present:
P. Bryson, J. Twait, B. Eldridge, N. Amen, C. Glick
J. Hammelman, Chair and J. Barrett
Council Member J. Moore, City Clerk Freas, City Planner
Kebschull, City Manager Snow, City Attorney Graves, Public
Works Manager La Shot and Department Assistant Carver
X-bo
Agenda Approval
MOTION:
Commissioner Bryson MOVED for approval of the agenda with the incorporation of the
lay-down items including:
· 5a -- Letter from Barbara Waters
· 5d -- Letter from Linda Sargent; letter from Luis and Rose Mercado;
email from Steve Wendt; and memo from staff with attachments.
· 12b -- Letters from Department of Natural Resources regarding Gillies
Mooring Buoy Application.
Commissioner Twa_it SECONDED the motion. Commissioner Bryson requested
UNANIMOUS CONSENT. There were no objections. SO ORDERED.
-C.
Consent Agenda
MOTION:
Commissioner Eldridge MOVED for approval of the consent agenda as presented and
requested UNANIMOUS CONSENT. There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- May 25, 2005
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT-- None.
ITEM 4: CONSIDERATION OF PLATS
PZ05-37 -- Preliminary plat for Yragui Subdivision Addition No. 1.
Submitted by McLane Consulting, P.O. Box 468, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to recommend approval of the preliminary plat for
Yragui Subdivision Addition No. I and Commissioner Twa_it SECONDED the motion.
In her staff report, City Planner Kebschull referred to the information included in the
packet and noted the plat would subdivide Lots 2 and 4 into three lots; the parcels are
located in the Suburban Residential zone; and, the minimum lot size for the zone is
7,200 square feet and meet the minimum lot size for the zone. She also noted, a
structure is situated on the newly created Lot 4B (the corner of Candlelight Drive and
E. Aliak) and meets the setback requirements for a garage. Staff recommended
approval.
MOTION TO AMEND:
Commissioner Bryson MOVED to attach the staff recommendations and findings and
Commissioner Eldridge SECONDED the motion.
Kebschull confirmed houses were situated on both Lots 4B and 4A and one is being
built on Lot 2A and all meet setback requirements.
VOTE:
Hammelman Absent
Eldrid§e
Glick
Bryson
Yes Amen
Yes
Yes
Yes
Twait
Barrett
Yes
Absent
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
Hammelman Absent
Eldrid§e
Glick
Yes
Yes
IBryson
Amen
Yes Twa_it Yes
Yes
Barrett
Absent
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 2
PZ05-~9 - Continued from 5/25 / 05 meeting - An application for a
Conditional Use Permit to hold concerts in conjunction with baseball
games for the property known as the NW ¥4 of Government Lot 4 (103
South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia,
General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. [Clerk's
Note: There u~as a motion to approve Resolution PZ05-29 and a motion to
amend (that one of the conditions of the permit be the loud speakers used
in the concerts point directl~ at the covered grandstands) on the j~oorfrorn
the Ma~ 25, 2005 meeting.]
Kebschull noted the following information:
· Her initial staff report indicated a main motion was not offered, though
an amending motion was made and seconded, and then a motion to postpone. In
researching the record further, it was found there was a main motion and the order of
motions was correct.
· A public hearing was held and closed at the May 25 meeting, but all the
surrounding property owners were notified the public hearing could be reopened.
· Commission comments made at the May 25 meeting were forwarded to
Ron Lucia, General Manager of the Peninsula Oilers. Lucia responded to Kebschull
via email to answer the Commission's concerns. His email was included in the packet.
She requested the Commission review each issue noted in Lucia's
response and make a separate recommendation for each issue.
The Kenai Municipal Code allows limits to be placed on permits which
can be reviewed at a later date.
· Reminded the Commission Conditional Use Permits, once granted, go
with the land.
Chairman Glick instructed the audience, those wanting to speak would be given five
minutes; questions/comments should be directed to the Chair; and each speaker was
to sign in and state their name and address for the record. The public hearing was
opened.
Mel Ogle -- 115 Deepwood Court, Kenai. Ogle stated his objection to the request,
noting concern the music would not stop at 10'30 and would go later as well as
parking and traffic concerns. Ogle suggested the music be held before the games.
There were no other requests to speak and the public hearing was closed.
Glick noted, a motion to amend the main motion to include one of the conditions of
the permit be the loud speakers used in the concerts point directly at the covered
grandstands was on the floor from the May 25 meeting. Glick referred to each concern
noted at the last meeting and read Lucia's response.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 3
Time Limit/10:30 p.m.:
Commissioner Eldridge stated he did not find the request objectionable as the season
was only six weeks long.
Speaker Positioning:
Commissioner Bryson stated the intent of the motion was not so much to conform to
the situation as existing, but to control the sound instead of broadcasting it, i.e.
reducing the noise and control it. He noted, he was open to suggestions for a better
way of doing it. Eldridge stated they would be using the same speakers used for their
public address system. There had been no complaints until this time and didn't feel it
would be an intrusion on the neighborhood.
Decibel Levels:
Glick suggested the decibel level could be a condition on the permit, giving it a one-
year trial and reviewed by the Commission at the end of the trial year. If it was found
the decibel level to be dissatisfactory, the permit could be rescinded. Commissioner
Amen stated 'reasonable' would be hard to define and using the speakers for music
was opening another .arena. Bryson stated some care may have to be taken in setting
decibel levels for an event continuing for an hour.
Glick noted the frequency of holding the events was also a concern. Commissioner
Twait suggested, since the game schedule was already set, the Commission could set
the days it would be allowed.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the main motion to allow the activities to
continue until 10:30 p.m. and Commissioner Eldridge SECONDED the motion.
VOTE ON MOTION TO AMEND TO ALLOW THE ACTMTIES TO CONTINUE UNTIL
10:30 P.M.:
Hammelman Absent
Yes
Eldrid~e
Glick
Yes
IBryson
Amen
Yes Twait Yes
Yes Barrett Absent
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION TO AMEND RELATING TO POSITIONING OF LOUD SPEAKERS
{TO BE POINTED DIRECTLY AT THE COVERED GRANDSTANDS AS THEY ARE
POSITIONED CURRENTLY}:
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 4
Hammelman Absent
Yes
Eldridge
Glick
Yes
Bryson Yes Twait Yes
Amen Yes Barrett Absent
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Commissioner Eldridge MOVED to amend the permit to include a conditional use for a
one-year period after which time it would be reevaluated and Commissioner Twait
SECONDED the motion.
Kebschull explained, the Commission could place any condition on a permit they
believed would eliminate or alleviate any impact and allow the permit to be reviewed in
one year.
VOTE ON MOTION TO AMEND TO INCLUDE A ONE-YEAR PERIOD FOR REVIEW:
IHammelman
Eldridge
Glick
Absent Bryson
Yes Amen
Yes
Yes Twait Yes
Yes Barrett Absent
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
VOTE:
Hammelman Absent
Yes
Eldridge
Glick
Yes
Bryson Yes Twait Yes
Amen No Barrett Absent
MOTION PASSED.
Glick informed the public, the issue was subject to a 15-day appeal period and
appeals must be filed in writing with the City Clerk within the 15 days.
5-]3,
PZ05-34- An application for a Conditional Use Permit for a Recreational
Vehicle Park for the property known as U.S. Survey No. 678 Amended
{810 Childs Avenue), Kenai, Alaska. Application submitted by Jay
Cherrier, Managing Partner, Port of Kenai LLC, 2404 Boyer Avenue East,
Seattle, WA 98112.
Kebschull reported the following:
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 5
· The application was a for a recreational vehicle park located on a 16 ½-
acre parcel.
· The property is zoned heavy industrial.
· It is the location of the original Dragnet Fisheries Cannery where a
cannery still remains.
· The application and plan is to operate seasonally (May through
September).
· During the first season, the use would be for self-contained recreational
vehicles only.
· Intent is to install water, sewer, power during the winter and spring of
2006; the water/sewer to meet the state DEC requirements for the use. · There will be on-site staff.
· Administration recommended approval of the application contingent
upon the applicant obtaining a building permit, submitting a landscaping-site plan,
and submitting the state-approved permits for on-site water/sewer to the city.
The public hearing was opened.
Matt Stephl, 2331 Sonstrom, Anchorage -- Stephl stated he is a civil engineer and
working for the applicant. He concurred with Kebschull's statement, i.e. they want to
move ahead with opening the park this summer and build utilities during the fall and
spring. He added, they believe the park will be a benefit for the city, easing some of
the congestion at the harbor area during the dip net fishery and provide a place for dip
net users to stay during the season.
Stephl also explained:
· They plan to repair and modify the sign currently on site to advertise the
park.
· They will try to acquire a waiver from DEC to remain as a dry park in the
summer of 2005 and have the users use the dump stations currently available in
Kenai. If they are required to install a dump station, they will do it.
They have not yet decided whether they will provide access to the public
dock area from their abutting property line. They are, however, interesting in
discussing the issue with the City to work together and perhaps ease some of the
congestion at the dock. Bryson noted, something to that end should be presented to
the Harbor Commission for comments as well.
· They want to reactivate both boat ramps currently situated on the
property, but at this time they are not ready for use. They do not plan on having them
ready for use during the current summer season and don't know at this time whether
they would make the ramps available for those other than their park residents.
· They have no plans at this time to fill in the barge ramp that now exists.
Kristine $chmidt, 513 Ash Avenue, Kenai-- Stated she hoped the Commission
would make the landscaping plan as a condition of the approve of the permit in order
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 6
for it to be enforced. Schmidt added, because of contamination on the property, she
hoped that issue would also be addressed.
Christy Breazeale~ Kenai RV Park -- Noted there are dump sites at a number of gas
stations and she felt they would be sufficient.
The public hearing was closed
MOTION:
Commissioner Twa_it MOVED to approve PZ0534 with the staff recommendations
included. Commissioner Amen SECONDED the motion.
Amen stated his support of the permit and asked if current sign restrictions would
apply or would the sign be grandfathered in since it was an existing sign. Kebschuull
explained, she would be needing an opinion of the city attorney for clarification and
the issue would be discussed administratively.
Bryson stated he supported the permit approval as the use would provide amenities
requested by the public; would not affect neighbors; it would be located in an
industrial area next to a public facility; and felt it was a good proposal.
Eldridge stated his support of the proposal, noting it would offer public access to the
river front.
VOTE:
Hammelman
Eldrid~e
Glick
Absent I Br~son
Yes Amen
Yes
Yes
Twait
Yes
Yes Barrett Absent
MOTION PASSED UNANIMOUSLY.
PZ05-35- An application to amend a Conditional Use Permit for Surface
Extraction of Natural Resources to allow excavation below the water table
for the property known as Tract Al, Beaver Loop Acres Add No. i {2369
Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J.
Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai,
Alaska.
Kebschull reported the following:
The application would amend the current conditional use permit for
surface extraction of natural resources.
· The application is to excavate below the water table.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 7
The original application stated the extraction would be from the current
pit location and the applicant wants to include an area not excavated in the past
(noted as Area 1 and Area 2 on the map included in the packet).
Code requires the Commission to approve an amendment if the original
application would have been approved if it contained provisions of the application for
amendment.
· There are other pits in the area with high water tables and did apply for
and received conditional use permits to excavate below the water table and were
issued with reclamation plans with lakes as part of the plans.
· The site was one reviewed and noted the rear buffer had been breached,
but it was also discovered the breach had taken place prior to the city assuming
zoning; it was a non-conforming use; and, they would not be required to regain the
buffer.
· She and the city attorney reviewed whether they excavate in Area 1 (at
the rear lot line), would it increase the non-conformity. They agreed, based on the
information they had, it would not be increasing the non-conformity and excavating
below the water table could be allowed.
· The code requires that if excavation would take place below the water
table and there is a danger to the public safety, the plan should require fencing. The
applicant advised there is fencing across the front portion of the site, the access is
gated, and damaged fencing was in place along the rear property line which he would
be replacing.
· She recommended the Commission consider allowing excavation in Area
1; if it is allowed, an updated reclamation plan be required showing how the land
would be reclaimed for the permitted uses within the zone, and the applicant be
required to obtain necessary permits from the state or federal government for the
excavation.
· If excavation is approved in both Area 1 and Area 2, the city would
require an updated reclamation plan, a site plan insuring the 150' buffer is not
breached on the north of the excavation, and a site plan showing how the applicant
intends to eliminate any pollution from the adjoining pit due to runoff from the
proposed excavation.
The public hearing was opened.
Jim I4rein, 3151~ Dolchok Lane, Kenai -- Krein explained, there were numerous
existing gravel pits that deforested the area and changed the topography and the water
flow above ground and possibly below ground. His research found, no matter how the
water flows above ground, it does not indicate how it flows below ground. The
residents in the area have no other water supply other than wells and he was
concerned that the continuation of allowing the pits to excavate below the water table
would change the acquifer to where water may not be available for residents in the
area, quality of the water would be compromised, and increase the possibility of
contamination getting into the acquifer. He noted, the large amount of growth in the
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 8
area in building of homes and need for healthy water, as well as the connection of the
water to Beaver Creek and the Kenai River.
Patrick Doyle (Applicant) -- Mr. Doyle reported they would be excavating about six
feet and the excavation would not affect the height of the water. He planned to
excavate in Area 2 and then use that area for burying overburden. Area 1 excavation
would be left as a lake. There would be no contaminated soil within the overburden to
be buried.
The public hearing was closed.
MOTION:
Commissioner Eldridge MOVED for approval of PZ05-35, to amend a conditional use
for extracting of natural resources from his land off Beaver Loop and to include staff
recommendations and Area 2 (items 1-4 amending the application to clarify areas to
be excavated below the water table; submit an updated reclamation plan showing
future residential lots, proposed lake, roads, etc.; submit a site plan that insures the
150-foot boarder is not breached on the north of the excavation in the Area 2 area;
and submit a site plan showing how he intends to eliminate any pollution of the
adjoining pit from the run-off from the proposed excavation. Commissioner Amen
SECONDED the motion.
Bryson asked if Eldridge was incorporating the full staff recommendations and
Eldridge answered yes.
Amen asked if Area 2 would be excavated, would the buffer need to be protected.
Kebschull answered yes, insuring no excavation would take place within the 150'
buffer. She noted, the code had been amended several years ago to allow excavation
right to the property line for adjoining pits. However, the applicant would have to
insure there would be no runoff from his excavation into the adjoining property.
Amen asked why the original permit limited to allowing excavation to above the water
line. Kebschull answered, according to her records, they had not applied for
excavating below. Amen also noted his concern to allow the applicant to disturb the
water table due to the complexity of how water flows underground and because of the
amount of residences in the area. Bryson noted, the water table breached on this
property and the adjoining property, was already subject to atmospheric conditions
and unless the applicant was proposing to drain water away from the site, he would
not materially effect the water table elevation.
Glick noted, most of the wells in the area were probably drawing water from below the
clay level and they would be in a different water table than what he would be
excavating.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 9
VOTE:
Hammelman Absent
Eldrid§e
Glick
Yes
Yes
Bryson Yes Twait Yes
Amen No Barrett Absent
MOTION PASSED.
Glick informed the public of the 15-day appeal period and that appeals would need to
be in writing and submitted to the City Clerk.
5-do
PZ05-36- An application to rezone the property known as a portion of
Section 33 S 1/2 S 1/2 SW ¥4 Lying South of the Kenai Spur Highway
{also known as Lawton Acres- 10095 Kenai Spur Highway) from
conservation to limited commercial. Application submitted by Linda L.
Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Kebschull reported:
· The identified area as the green strip between the city proper and the
Kenai Central High School and Challenger Learning Center.
· The application was submitted by the City of Kenai and was to rezone a
portion of the area, beginning at the intersection of Lawton/Walker and the Kenai
Spur Highway to the gully.
· Offered a history of the attempts to rezone the area and noted, currently,
due to some interest for purchasing a piece of the property for development, council
requested a rezoning application be submitted for Limited Commercial Zone.
· The Comprehensive Plan identifies the property as conservation, however
it also notes, where it is appropriate, the city should consider re-designating areas
currently zoned for conservation to conform with expected uses.
· The Comprehensive Plan notes neighborhood concerns related to areas
close to residential areas being rezoned or conditional uses allowed, particularly close
to the Spur Highway.
· The city is known as a lineal growth pattern for commercial use and
businesses believe they need visibility from the Spur Highway to exist.
· It is believed by administration, the rezone to Limited Commercial would
meet the needs for commercial development which meets the limited commercial
requirements and preserves separation from the residential areas {this property is
separated by Lawton Drive).
The limited commercial zone includes specific development requirements,
including buffer landscaping and also limits structures to 3,000 square feet.
· It was her recommendation the rezoning would meet the Comprehensive
Plan and the Kenai Municipal Code for an amendment and believes it would be a
positive compromise to meet the development needs of the city and preserving space
and providing separation between commercial and residential areas.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 10
Public hearing was opened.
Roy Wells, 410 Lawton Drive, Kenai -- Wells stated his objection of the rezone and
noted his concerns as alleyway requirements, the Kenai Economic Development
Strategy recommending avoidance of sprawl and concentrating business development
to the downtown area; and, building new buildings and causing a higher number of
abandoned buildings. Wells also reputed comments in a recent letter to the editor
indicating the property owners in the area thought positively of the proposed rezone.
William Nelson, 209 Susieana Lane, Kenai-- Comments included: · Wants it to stay zoned Conservation as it was set aside.
· He is not opposed to new business, but doesn't feel it is the right place or
time to install that business (Kiel).
· The area is a nice buffer between Lawton and the neighborhood.
·
·
·
development.
Carol S. Baumer, 411 Rogers Road~ Kenai-- Referred to the Comprehensive Plan:
Pages 26 and 30, related to the city center and Millennium Square.
Page 34, related to Kenai residential subdivisions.
Page 36, related to abandoned business areas/commercial strip
· Page 39, related to integrating open space with neighborhoods (visual
appeal, neighborhood identity, enhance residential property values, etc.).
Janice Magee, 218 Susieana Lane, Kenai-- Comments included:
. Is very supportive of business in the community.
· Children use the area for biking, running, playing basketball.
· For the safety of the children in the area, requested voting against the
rezone.
Jim Blythe, 422 Lawton Drive, Kenai -- Comments included:
· Lives at the comer of Rogers and Paula.
· A lot of noise from the highway is blocked from the area due to the
wooded lots included in Lawton Acres.
· People use the area for walking, biking, jogging, rollerblading, etc.
· Would hate to see the increase in traffic that will probably occur.
· He objects to the rezone.
Gina Kiel~ 404 Lawton Drive~ Kenai -- Comments included:
· Is a resident of the area and is a potential business owner in the area.
· She is the closest resident to the area being requested to be rezoned.
· Assumed the Lawton Acres property was zoned commercial when she
built her house and assumed at some time, business would move into the area.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 11
· She was the quote in the newspaper article and had some neighbors tell
her they supported the rezone in order for adding to the development in Kenai.
· She did not go door to door to ask opinions and she did not have anyone
coming to her door to discuss the issue.
· After the limited commercial zone was set, she didn't think there would
be a problem.
· She and her husband have been looking for two years for a site for a
business, checking abandoned buildings, property availability, etc. and found nothing
suitable.
· Supports the rezone of the property and would even if she was not
interested in building there.
Jerry Carlson, 105 Paula Street, Kenai -- Read from a letter signed by Wanda
Carlson, his wife:
To;
Kenai City Council and Planning ga Zoning Commission:
As a homeowner in a subdivision known as Inlet View, I am against any and all
clearing, destruction and construction on or in the green strip. There are many
locations vacant between McDonald's and the Moose Club and also on the streets
connecting with the Kenai Spur. These could house a beauty salon.
Our noiSe pollution has increased greatly during the past 33 years, we have lived there
33 years. We need to maintain the existing buffer in order to prevent further
destruction.
Thank you. Wanda R. Carlson, 105 Paul Street, Kenai.
Ron Fullinck, 424 Lawton Drive, Kenai-- Comments included:
· Purchased their home 13 years ago and were told the area was zoned
Conservation.
· They want to keep the buffer between the highway and Lawton.
Mike Beck, 406 Lawton Drive, Kenai -- Comments included (submitted a packet of
information with pictures of available property and a letter):
A premise for developing the area had been stated as being visible,
particularly from the Spur Highway.
· Identified properties within 1/3 of mile from Lawton Acres and included
them in the packet of information distributed.
· He questioned the logic of developing Lawton Acres when there are so
many available properties/buildings within 1/3 of mile of the area.
Greg Daniels~ 426 Rogers Road, Kenai -- Comments included:
· He and his wife have lived there for 25 years.
PLANNING ga ZONING COMMISSION MEETING
JUNE 8, 2O05
PAGE 12
· Noise is increasing and the area has developed around them (junior high
school, golf course, Oilers Park, space center, large high school, five subdivisions,
hockey rink, etc.).
· Cutting down trees would increase noise abatement and allow noise from
the city property to filter through to all residents of three or four subdivisions and
open it up to other problems.
Thinks there is land in the city to fit the limited commercial zone, but
believes this is the wrong parcel.
· Thinks the area zoned Conservation since 1985 should remain in
conservation as he believes it is needed much more now than before 1985.
· Reading from the staff recommendation, he did not believe the area is
"surplus" land and is needed for a buffer for privacy for the subdivisions, safety of
children, noise abatement, wildlife, etc.
· Believes their property values will be affected by the development of the
ar~ao
· Is particularly against urban encroachment in this area.
· Would like to see the city grow within and not linearly and would rather
see a centrally located Kenai. · People service-type businesses don~t need visibility from the street.
· There will be an increase of traffic.
· Keep the green strip as a separation from downtown Kenai.
Daniels distributed pictures of the area during different months of the year. Bryson
explained Linda Snow submitted the application for rezone on behalf of the Kenai City
Council and the staff report/recommendation was prepared by City Planner
Kebschull.
Bill Osborn, 423 Rogers Road~ Kenai-- Comments included:
· Same concerns expressed by Daniels and others.
· Has lived in the area since 1969.
· Believes the green strip is an asset to the city.
· Walked Inlet Woods Subdivision with two other residents and 90% of the
homeowners they spoke with strongly opposed the rezoning.
Kathy Watson, 308 Hailer, Kenai -- Comments included:
· If there are animals, wildlife, children playing, and noise, the residents
would want someone to keep the animals out of the area.
· Where she lives, there are trees, but there is still noise from the airport --
development of the area would absorb some of the noise {in the Lawton Acres area}
and keep the wildlife away from the children.
Betty Osborn~ 423 Rogers Road~ Kenai -- Comments included:
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 13
· Wants Lawton Acres left as a conservation zone because of the children
playing, traffic from the high school, noise from the highway and noise from the
airport.
· Very concerned about the noise it will cause.
· The core of Kenai should be kept in the core of Kenai; there are empty
buildings available; she felt there are other suitable sites.
Tom Thompson~ 111 Paula Street~ Kenai -- Comments included:
· The six lots proposed for rezoning, and if the rezone is approved, the lots
would be developed and populated with businesses, but thinks it would be detrimental
to the welfare and safety of the community.
· Thinks it is a bad idea -- it was in 1986 when it development of the area
was first proposed, and it still is.
Bill Munson, 215 Susieana Lane, Kenai -- Comments included:
· He's a new homeowner in Inlet Woods (under a year).
· There are children using the area for biking.
· There is a lot of wildlife in the area.
· Concerned about property values being affected.
One reason he bought in that area was because he believed Lawton Acres
would remain a conservation zone.
· He is against the rezone.
Nate Kiel, 404 I, awton Drive, Kenai -- Comments included:
Respect and appreciated the comments offered.
· He and his wife were encouraged by the City of Kenai to pursue the area
for development.
· Feels it would be a win/~ situation.
· Didn't go door-to-door, but have had people approach him about the city
opening property for development.
· His wife (Gina Kiel) submitted 25 letters from city residents in favor of
the rezoning, including neighbors directly in the area as well as other close
neighborhoods.
· The proposed zone is not a half-baked idea to promote business at the
expense of environment and residential neighborhoods.
· Administration worked diligently to initiate a new limited commercial
zone in the city, designed to promote low-density commercial and professional
business without negatively impacting residential areas.
· The new zone limits the scope of development that may occur and
provides for buffers and restrictions for new businesses in the area.
· Immediate economic benefits, including diversification of the economy;
bring in more tax revenue; bring income from land sales; existing businesses would
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 14
benefit from indirect sales; enhancement of the BLT (Buy Local Today) program;
stronger Chamber of Commerce; a greater cash flow; and, would expand services and
retail economy throughout the city.
In response to newspaper articles and quotes/misquotes, Kiel responded:
· The City should not subsidize land sales -- No one has offered them a
sale that would mean the city would be subsidizing a sale to them.
· Should not clear cut -- He lives in Kenai because it is more esthetically
pleasing and more to offer; no one has proposed clear-cutting as there are restrictions,
requirements for buffers, etc.
Should encourage renovation of existing structures -~ Though he agrees,
owners have to want to renovate, find it profitable to accommodate prospective buyers,
etc.
· This would not be 'sprawl' as there are current businesses on the north
side of the Spur Highway.
· There's a significant buffer between the drainage to Rogers Road and the
Challenger Center/multipurpose facility. It's much closer to food franchises, etc.
There has been public testimony at both the council and commission
levels supporting the rezone.
· Thinks the 60-62~ area between the property and the sidewalk is
sufficient.
· Would be in support of the rezone even if he did not win the competitive
bid.
Kristine Schmidt, 513 Ash Avenue, Kenai -- Comments included:
· Believe the council indicated they were interested in a head count on the
issue and urged people to testify.
· Opposes the development as she did 20 years ago for the same reasons.
· She took pictures of empty and 'for sale' properties in Kenai and
submitted the pictures (found four in one-half hour}.
· The finding in the Comprehensive Plan states, "...Kenai is fortunate to
have an ample inventory of privately-owned vacant land suited for its future
demands."
· Considers it a spot zoning request.
· Strip development in that area has been turned down twice because, she
felt, people in the community do not support strip development.
· Nothing has changed in 20 years as far as the reasons why people do not
want the area developed.
· Didn't think the city properly complied with the public posting
requirements (not the required amount of signs posted).
· There are a number of areas in the Comprehensive Plan that would not
support the development.
· Development of the area would be contrary to the latest airport land
study and consultant's report {stop selling airport land and begin leasing it).
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 15
· Development would be contrary to the KEDDS report (included in its
goals is the desire to cut down on strip development and revitalization of the
downtown area and support existing businesses).
There is no evidence or statistics in the report to support the statement
that businesses believe, in order to survive, they must be visible to traffic.
· Doesn't believe the city needs to do the development; money is available
in the Airport Land Fund.
Pete Hansen, 418 Rogers Road, Kenai -- Comments included: · Has lived at this address for 32 years.
· He participated on the KEDDS Committee.
· KEDDS report includes a goal to put together a basic design for
Millennium Square, develop a common ground on a portion of the 21 Acres for small
businesses, and develop a business center in Kenai.
Hopefully in time, there will be more focal orientation of small businesses
in an area where people can walk to them instead of driving.
Public hearing was closed.
MOTION:
Commissioner Bryson MOVED to recommend approval of the rezoning from
Conservation to Limited Commercial of a portion of Section 33 S 1/2 S 1/2 SW ¥4
Lying South of the Kenai Spur Highway. Commissioner Eldridge SECONDED the
motion.
Amen noted the following:
* The meeting received a lot of good information from the neighbors and
those affected by the proposal.
· Concerns expressed were quality of life, value of homes, noise, etc.
· Appreciation of the work put into developing a limited commercial zone,
including limited square footage of buildings, buffer zones, etc.
· Question before the Commission is whether this would be the correct
application for the use of the zone for this particular property.
He appreciated the input and from it, learned this probably is not a good
match.
Eldridge noted the following:
Appreciated the input from the public.
· Unfortunate the use of a limited commercial zone was not advertised
more because it was designed to be a buffer development.
From the testimony, he felt this probably would not be the time to or the
place to use the limited commercial zone.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 16
Bryson noted the following:
· He is supportive of the concept for a limited commercial zone.
· Did not think this was the tract with which to apply it, even prior to the
testimony given.
For persons who live relatively close to the highway, noise is a major
issue and gets worse in the wintertime and the proposed lots would not be able to be
developed without clearing a major portion of the buffer.
· Would not support the motion.
Amen noted a comment made related to concern about driveways crossing where
people now walk. He asked if all the road access would be toward the highway.
Kebschull explained, that would be a platting issue. She noted, a preliminary plat was
provided to the public, but no final decisions had been made as to development
options.
VOTE:
Hammelman
Eldridge
Glick
Absent Bryson
No Amen
No
No
No
Twait
Barrett
No
Absent
MOTION UNANIMOUSLY FAILED.
Glick noted, the actions could be appealed within 15 days.
submitted to the city Clerk.
BREAK TAKEN: 9:05 P.M.
BACK TO ORDER: 9:14 P.M.
Letters of appeal must be
ITEM
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
PZ05-38 -- An application for a Home Occupation Permit for a daycare
for the property known as Lot 3, Yragui Subdivision (503 Candlelight
Drive}, Kenai, Alaska. Application submitted by Carolyn Barnes, 503
Candlelight Drive, Kenai, Alaska.
Approved by consent agenda.
Discussion/Recommendation -- Kenai River Center Project #5767- An
application submitted by Gordon Griffin, Kenai Golf Course, to withdraw
approximately 300 gallons of water a day from Boat Launch Creek for
watering golf greens.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 17
MOTION:
Commissioner Bryson MOVED to approve Kenai River Center Project #5767 and
Commissioner Eldridge SECONDED the motion.
Kebschull referred to a memorandum in the packet which included comments from
the City Engineer and Public Works Manager. She added, it was their opinion the city
has no problem with the proposal and would recommend approval; an application is
required for a permit from the Department of Natural Resources; the application is
reviewed by the Kenai River Center; and, the city is noticed when applications are
submitted for any land within the city in order to submit comments.
VOTE:
Ha_mmelman
Eldridge
Glick
Absent Bryson
Yes Amen
Yes
Yes
Yes
Twait
Barrett
Yes
Absent
MOTION PASSED UNANIMOUSLY.
ITEM 8:
PENDING ITEMS
PZ05-16 -- An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road}, from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. {Tabled until brought back by
Administration.)
No action.
ITEM 9:
CODE ENFORCEMENT
Amen noted he observed used cars being sold at Anchor Trailer Court. Kebschull
explained the property is zoned General Commercial which allows for the activity.
ITEM 10: REPORTS
10-a. City Council -- Council Member Moore reported the following:
· The action agenda of the June 1 council meeting was included in the
packet.
· The FY 2006 budget was amended by adding funds for the placement of
a permanent outhouse at the north side beach, and in the library budget for purchase
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 18
of books.
· Funding approved by the Legislature will include PERS funding and
funding for roads and water/sewer projects.
· The Council unanimously failed a motion to support the Borough's
Comprehensive Plan due to all city concerns not being included.
· He will be absent from the June 15 council meeting.
Amen asked for a report on Municipal Park and Moore explained Fish ga Wildlife grant
funds were received for improving the trails and adding fencing.
10-b.
Borough Planning-- No report.
10-c. 'Administration -- Kebschull reported the following:
· A memorandum was included in the packet providing clarification of
·
conditional use permits reflecting uses listed in the Land Use Table.
· No official notes of the past Airport Commission work sessions are
available, however information handed out and discussed is available in her office.
The next Airport Commission work session would be held Monday, June 13.
· She clarified with the city attorney and found the application from the
Oilers identified an error in the Land Use Map and the Comprehensive Plan. The
process to correct the information would be to hold a public hearing and that will be
brought forward at a future meeting.
Bryson noted, the Commission recommended approval of a conditional use permit for
placing a table on the property donated to the city for a park along the Spur Highway.
He asked if the city accepted the parcel. Kebschull reported, the city had already
accepted the parcel and if a park is not developed, the property would return to the
donors. Kebschull noted, the Commission's concerns were addressed, however
because no motion was made to require the stipulations, the information was provided
to the City Manager and Parks & Recreation Director as the Commission's
recommendation but not as requirements.
ITEM 11'
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12'
INFORMATION ITEMS
12-a.
Zoning Bulletin (5/10/05)
ITEM 13:
COMMISSION COMMENTS & (}UESTIONS -- None.
The work session scheduled for immediately after the meeting was postponed to be
held after the June 22 Planning & Zoning Commission meeting.
ITEM 14:
ADJOURNMENT
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 19
MOTION:
Commissioner Amen MOVED for adjournment and Commissioner Bryson SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 9:41 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 20
STAFF REPORT
To: Planning & Zoning Commission
Date: June 7, 2005
Res: PZ05-40
GENERAL INFORMATION
Applicant'
Integrity Surveys
8195 Kenai Spur Highway
Kenai, AK 99611
283-9047
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Subdivision Plat- Justa Subdivision
A subdivision of the NE1/4 SE1/4 NWl/4 south of the Kenai Spur
Highway located within Section 34, T6N, R1 l W, SM, Alaska
8719 Kenai Spur Highway
04508008
RS - Suburban Residential
Vacant
NR- Neighborhood Residential
This plat subdivides the existing parcel into two smaller lots of 1.705-acres each. The
property is zoned Suburban Residential. Minimum lot size in the RS zone is 7,200-feet.
The resulting lots meet the lot size requirements for the zone. A majority of both parcels
are within a designated flood hazard area according to the Kenai Peninsula Borough. Lot
1 can be accessed from Candlelight Drive. However, Lot 2 would have to be accessed
from the Kenai Spur Highway. The State of Alaska Department of Transportation must
provide approval for any additional access onto the Kenai Spur Highway.
Water and sewer are available to Lot 1. Water and sewer are not available to Lot 2. Lot
2 must be able to support on-site sewer and water that meet regulatory requirements with
the Alaska Department of Environmental Conservation (ADEC).
Ci_ty Engineer:
Waste water disposal on Lot 2 maybe an issue. There's an approximately 25,000-square
foot of possible build able area available.
Building Official:
No Building Code issue.
0540 Comment. doc Page 2
RECOMMENDATIONS
"Recommend Approval with the following requirement:
· Lot 2 meet ADEC regulatory requirements for on-site water & sewer.
ATTACHMENTS'
1. Resolution No. PZ05-40
2. Preliminary Plat
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-40
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS'
WHEREAS, the attached plat Justa Subdivision was referred to the City of Kenai
Planning and Zoning Commission on June 7, 2005 and received from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RS - Suburban Residential and therefore subject to said zone
conditions.
2. Water and sewer: available to Lot 1 - not available to Lot 2
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai for
the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
· Lot 2 meet ADEC regulatory requirements for on-site water & sewer.
NOw, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE JUSTA SUBDIVISION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JUNE 22~ 2005.
CHAIRPER/S~// ~~
Ii
IY§~. lalpuv.~
·
STAFF REPORT
To: Planning & Zoning Commission
Date: June 7, 2005
Res: PZ05-41
GENERAL INFORMATION
Applicant:
Integrity Surveys
8195 Kenai Spur Highway
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Subdivision Plat- Lot 1, Rodland Subdivision
A replat of Government Lots 27 & 28 within the SE1/4 NE1/4 Section
34, T6N, R1 l W, SM, Alaska
8366 & 8400 Kenai Spur Highway
0418003 & 04518001
RR- Rural Residential
Vacant & Residence
RR- Rural Residential
This plat removes the lot line between Lots 27 and 28 making a 2.248-acre parcel. The property is
zoned Rural Residential. The resulting lot meets the lot size requirements for the zone. The plat
shows two 33-foot road easements along the north and west property lines for future road
extension.
Property owner has a trailer located on Lot 28. City water and sewer are not available to these lots.
The lot line removal will provide greater available wastewater disposal area. State of Alaska
Department of Transportation must provide approval for any additional access onto the Kenai Spur
Highway.
City Engineer: Nothing additional.
Building Official: No Building Code issues.
RECOMMENDATIONS
Recommend Approval.
ATTACHMENTS:
1. Resolution No. PZ05-41
2. Preliminary Plat
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-41
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS'
WHEREAS, the attached plat Rodland Subdivision was referred to the City of Kenai
Planning and Zoning Commission on June 7, 2005 and received from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds'
1. Plat area is zoned RR- Rural Residential and therefore subject to said zone
conditions.
2. Water and sewer: not available
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai for
the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE RODLAND SUBDIVISION
,
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JUNE 22~ 2005.
AGENDA
KENAI CITY COUNCIL- REG~ MEETING
JUNE 15, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBEI~
http://www, ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Ail 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'~:
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
, ,
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSE~LY~ LEGISLATORS AND COUNCIL~
ITEM E:
REPORTS OF KENAI CONVENTION/is VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
PUBLIC HEARINGS
.
Ordinance No. 2104~)05-- Increasing Estimated Revenues an~/<~>~ ...... ??":'.~.::.'-';"~'
Appropriations by $10,000 in the Senior Citizens Borough Fund an~2'
Senior Citizens Title III Grant Fund.
~ a. Motion for Introduction
...... ~- b. Motion for Second Reading (Requires a Unamimous Vote~.
~ c. Motion for Adoption
.
Resolution No. 2005-27 -- Supporting the Reopening of the Healy Clean
Coal Plant.
Re. solution No. 2005-28 -- Awarding Janitorial Contracts for the Kenai ....
Community Library Building Commercial Janitorial Services for the
Period July 1, 2005 Through June 30, 2006.
Resolution No. 2005-29 -- Awarding the Bid to Grace Painting, Inc. for
Kenai Visitors Center Exterior Painting - June 2005 for the Total Amount
of $15,284.
Resolution No. 2005-30 -- Transferrm§ $43,000 in the Wellhouse 4
Capital Project Fund for Additional Engineerin§ for Wellhouse 4.
ITEM G:
MINUTES
o
*Regular City Council Meeting of June 1, 2005.
*Special City Council Meeting of June 9, 2005.
ITEM H:
OLD BUSINESS
Discussion/Approval -- Display of Boat K-6 at Kenai Landing.
ITEM I:
NEW BUSINESS
.
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
.
*Ordinance No. 2105-2005 -- Increasing Estimated Revenues and
Appropriations by $220,000 in the Airport Land System Special Revenue
Fund and the Runway Safety Ar~a Improvements Capital Project Fund.
o
*Ordinance No. 2106-2005 -- Increasing Estimated ..cvenues a_':a
Appropriations by $50,000 in the Water and Sewer System Analysis
Capital Project Fund.
Discussion -- Draft Resolution/Intent for Donation of Property to Senior
Connection/Proposed Assisted Living Facility.
,d-zc~7- ~ 6 Discussion -- PERS Rehired Retiree Program Continuation
~//~/~. · .
~~~~ ~. 7. D~iscussion -- Dock Boat Exit Road/Land Trade with Conservation Fund.
8. Discussion -- Advertisin§/Purchase -- Alaska: North to the FUture,
' Vo a m.
ITEM J:
COMMI~ION/ CO~~EE REPORT~
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION_- None Scheduled
ITEM
ADJOURNMENT
MEMBERS:
Dr. Rick Foster
Homer City
Term Expires 2004
Brent Johnson
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
Kalifornsky Beach
Term Expires 2006
Mark Massion
Seldovia City
Te~rrn Expires 2006
Ray Tauriainen
Northwest Borough
Term Expires 2005
ALTERNATES:
Bill Hutchinson
Ridgeway
Term Expires 2007
Jim Isham
Sterling
Term Expires 2006
Dick Troeger
Soldotna City
Term Expires 2005
Ao
Bo
Co
Do
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
5:30 p.m. June 13, 2005
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. May 23, 2005
SUBDIVISION PLAT PUBLIC HEARINGS
.
Tulin Terrace Subdivision N/C
KPB 2005-123
[Anderson/Johnson/Tulin]
Location' City of Homer
.
Fox River Estates Three
KPB 2005-151
[Anderson/Book]
Location: Off Hubbard Lane .in Homer
K-Bay APC
.
Bidarka Heights Shadley Addition
KPB 2005-152
[Anderson/McCubbins]
Location: City of Homer
,
Diamond View Estates Four
KPB 2005-150
[And e rso nlM cVeig h/C u sack/W al sh ]
Location: Off Diamond Ridge in Homer
K-Bay APC
.
Binkley Subd. Redoubt Professional Addition
KPB 2005-131
[Whitford/Pitts]
Location: City of Soldotna
o
.
¸8.
.
10.
11.
12.
13.
14.
15.
Weaver Subdivision Part Three
KPB 2005-132
[Integrity/Hall]
Location: Off Robinson Loop Road
Foley Estates Knudsen Replat
KPB 2005-135
[I nteg dty/Kn udsen/M erri II]
Location' East of North Kenai Road in Nikiski
Rozak Stadski Point Subdivision No 2
KPB 2005-136
[I ntegrity/Whitney]
Location: West of Sterling Hwy in Happy Valley area
Anchor Point APC
Section Line Easement Vacation Plat &
Sonnichsen Avenue Vacation
KPB 2005-137
[I ntegrity/Whitney]
Location: West of Sterling Hwy in Happy Valley area
Anchor Point APC
Poacher's Cove Reinhart/Bozich Addition
KPB 2005-133
' [Swan/Reinhart/Bozich]
Location: Off Spruce Avenue West of Kenai Spur Hwy.
Bay View Subdivision Adair Replat
KPB 2005-134
[Borderline/Adair]
Location: City of Homer
Toci Subdivision
(Revised Preliminary)
KPB 2004-222
[Seabright/KPB/Baringer/Toci/Carroll]
Location: Off North Fork Road in Anchor Point
Anchor Point APC
Ninilchik Airport Heights 2005 Addition No 2
KPB 2005-138
[Imhoff/Terrastar Properties]
Location: Off Oil Well Road in Ninilchik
Alpine Meadows No 4
KPB 2005-146
[Imhoff/Schuster]
Location' East End Road in Homer
K-Bay APC
Tracts A, B & C U.S. Survey No 2633 Romig Replat
KPB 2005-139
[Cooper/Romig]
Location' North of Upper Russian Lake
Cooper Landing APC
E.
16.
Russian Gap Subdivision Schug Addition
KPB 2005-140
[Cooper/Schug]
Location: Cooper Landing area
Cooper Landing APC
17.
East Addition Seldovia Townsite 2005 Replat
KPB 2005-144
[Johnson/Oliveira]
Location: City of Seldovia
18.
19.
Alaska State Land Survey No 2004-36
KPB 2005-145
[Johnson/SOA]
Location: Off Cohoe Loop,Road in Kasilof
QueSta Woods Subd. Southern Addition Campbell Replat
KPB 2005-147
[Cline/Campbell]
Location: Off Timber Drive in Seward
20.
Ar-Ness Subdivision Part Three
KPB 2005-149
[McLane/Arness]
Location: Salamatof Lake in Nikiski
21.
ROW Map Seward Area Plaving Bear Lake Rd.
KPB 2005-148
[Sharp/Schoder/SOA]
Location: Bear Lake Road in Seward
22.
Munger Subdivision No 3
KPB 2005-153
[Tinker/Isaak]
Location: North of Chinitna Bay
23.
Charlie See Tracts Subdivision Letzring Addition
KPB 2005-154
[Tinker/Letzring]
Location: Off Kowakan Street in Soldotna area
24.
Cooper Landing Senior Center
KPB 2005-155
[Mullikin/KPB ]
Location' Kenai Lake in Cooper Landing
Cooper Landing APC
25.
Cavan Subdivision
(Revised Preliminary)
KPB 2005-037
[Lobdell/O'Brien]
Location: East of Bernice Lake in Nikiski
FINAL PLATS
F.
G.
McNeil Point 2005 Addition (Final Plat)
KPB 2005-018
[F reem an/F eraudo]
Location: East of East End Road
K-Bay APC
MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
PUBLIC COMMENT
H. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held June 27, 2005 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna,
Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax' 907-262-8618
e-mail address: plannin~@borou~h.,kenai.ak, us
web site: www. borouqh.kenai.ak.us/plannin.qdept
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dick Troeger
PC Member
Soldotna City
Term Expires 2005
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Marl Anne Gross
PC Member
Southwest Borough
Term Expires 2005
Lynn Hohl
PC Member
~Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James Isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A.
B,
C.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
June 13, 2005- 7:30 P.M.
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved byone motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normal sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
'1.
Time Extension Requests
ao
Ware Subdivision No 1 Final Plat
KPB File 2001-175; McLane/Ware
Location: North of Daniels Lake in North Kenai
bo
Anderson Subdivision 2000 Addition
KPB File 2000-082; Imhoff/Anderson/Bennett
Location: City of Homer
*2.
Plats Granted Administrative Approval
*3.
Plats Granted Final Approval (20.04.070)
Plat Amendment Request
*5.
Coastal Management Program
a.
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
Bill Hutchinson, Ridgeway
2. Todd Petersen, East Peninsula
*7. Minutes
ao
May 23, 2005 Plat Committee Minutes
b.
May 23, 2005 Planning Commission Minutes
Todd Petersen
PC Member
East Peninsula
Term Expires 2007
Ray Taudainen
PC Member
Northwest Borough
Term Expires 2005
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
Do
E.
F.
PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
UNFINISHED BUSINESS- None
PUBLIC HEARINGS
.
Vacate a portion of a 33-foot section line easement within Lots 5 thru 15
Block 14 of Carl F Ahlstrom Subdivision (Plat KN 216); within Section 25, and
vacate a portion of a 50-foot section line easement within Tract A-5 of
Dena'ina Point Estates Subdivision (Plat KN 84-107); within Section 36,
Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of
Kenai and the Kenai Peninsula Borough; KPB File No. 2005-102; (NOTE:
An Alternative dedication is proposed over travel way in use);
Petitioners: Bryan Lowe and Ronald D Dukowitz of Kenai, Alaska; Location:
City of Kenai
Vacate the north 65.5 feet of Bartlett Street between Lot 1 Block 8 and Lot 2
Block 7 Fain/iew Subdivision (Plat HM 56-2936) and adjacent to Tract A
South Peninsula Hospital Subdivision (Plat HM 98-4); within Section 18
Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of
Homer and within the Kenai Peninsula Borough; KPB File 2005-121;
Petitioners: City of Homer and Kenai Peninsula Borough; Location: City of
Homer
.
Rename existing streets in conjunction with .the Enhanced 9-1-1Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting are described as follows:
ESN 202/401
ao
'Andrey Lane within Little Boy Subdivision (HM 74-2275), Abbotts
Acres Subdivision (HM 76-3), and Fiddlehead Subd (HM 79-137),
Sections 33 and 34, T5S, R13W, S.M., AK; Location' north of
Twitter Creek Lane, Homer area; ESN 202; Reason for change:
sound alike name; Proposed to be renamed Kevin Lamm Avenue
bo
Forest Drive within Anchor Heights Park No. 4 (HM 82-15), Section
4, T5S, R15W, S.M., AK; Location: off the Old Sterling Highway,
Anchor Point; ESN: 401; Reason for change: duplicate name
ESN 302
Andrews Street within Clam Gulch Heights (KN 72-61) Section 28,
T2N, R12W, S.M., AK; Location: Clam Gulch area, approximately
Mile 117 Sterling Highway; ESN: 302; Reason for change: duplicate
name
do
Barbara Street within Clam Gulch Heights (KN 81-135), Section 28,
T2N, R12W, S.M., AK; Location: Clam Gulch area, approximately
Mile 117 Sterling Highway; ESN 302; Reason for change: duplicate
name
eo
East Forest Lane within Shadow Rock Estates Subdivision (KN 78-
49), Section 25, T5N, R10W, S.M., AK; Location' west of Longmere
Lane, Sterling area; ESN: 302; Reason for Change: duplicate name
,
g,
Forest Drive within Clam Gulch Heights (KN 81-135), Section 28,
T2N, R12W, S.M., AK; Location' Clam Gulch area, approximately
Mile 117 Sterling Highway; ESN: 302; Reason for change: duplicate
name; Proposed to be Russell Avenue
Shady Avenue within Woodcmst Estates Subdivision Part One (KN
75-89) and Cottage Estates Subdivision (KN 85-100), Section 17,
T5N, R10W, S.M., AK; Location: north of Sports Lake Road,
Soldotna area; ESN' 302; Reason for change: duplicate name
h,
Shady Court within Clam Gulch Heights (KN 81-135), Section 28,
T2N, R12W, S.M., AK; Location: Clam Gulch area, approximately
Mile 117 Sterling Highway; ESN: 302; Reason for change:~ duplicate
name
Shady Lane within Sterling Heights Subdivision Addition No. 1 (KN
76-155), Sterling Heights Subdivision Addition No. 2 (KN 76-174),
Weaver Subdivision Amended Part 1 (KN 84-184), and Weaver
Subdivision Part Two (KN 2001-18), Section 11, T5N, R9W, 'S.M.,
AK; Location: off Robinson Loop Road, Sterling area; ESN: 302;
Reason for change: duplicate name
k.
Shady Street within Mayoni Subdivision (KN 76-177), Mayoni
Subdivision No. 2 (KN 81-74), Mayoni Subdivision No. 4 (KN 83-
122), Mayoni Subdivision No. 5 (KN 83-163), Mayoni Subdivision No.
6 (KN 85-114), and Mahan Subdivision (2004-58), Section 23, T5N,
R10W; Shady Grove Estates Subdivision (KN 79-10), Section 26,
T5N, R10W, S.M., AK; Location: off National Avenue, north of the
Sterling Highway; ESN: 302; Reason for change: duplicate name
South Shady Street within Shady Grove Estates Subdivision
Additional No. 1 (KN 77-99), Woodridge Subdivision (KN 83-77), and
Beacon Hill Subdivision (KN 86-171), Section 26, T5N, P, 10W, S.M.,
AK; Location: east of Boundary Street, south of the Sterling Highway;
ESN' 302; Reason for change: duplicate name
Wiley Ddve within Clam Gulch Heights (KN 81-135), Section 28,
T2N, P,12W, S.M., AK; Location: Clam Gulch area, approximately
Mile 117 Sterling Highway; ESN' 302
ESN 50!
m,
Boondocker Street within Boondocker Subdivision (KN 77-187),
Section 23, T7N, P, 12W., S.M.; Location' south of Bell Avenue,
Nikiski; ESN: 501; Reason for change: duplicate name
no
Charles Circle within Four Seasons Subdivision Part One (KN 84-
325), Section 17, T7N, Rl lW, S.M., AK; Location: east of Holt-
Lamplight Road, Nikiski; ESN: 501; Reason for change: duplicate
name
Oo
Forest Way within Forest Hills Subdivision Part Two (KN 84-67),
Section 11, T7N, P, 12W, S.M.; Location: off Windy Road, Nikiski;
ESN 501; Reason for change: duplicate name
Notice of Public Hearing to Name Private Roads Within Castaway Cove
Subdivision; Assigning rights-of-way with a unique name will enable 911
Emergency Services to respond to emergencies in an efficient timely
Go
Ho
manner, thereby avoiding delays in providing necessary emergency services.
Streets under consideration at this meeting are described as follows:
a.
Unnamed private road shown as Tract B on Castaway Cove
Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M.,
AK; Location: adjacent to the Kenai River, Soldotna area; ESN 302;
Proposed to be named Back Troll Alley
bo
Unnamed private road shown as Tract A on Castaway Cove
Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M.,
AK; Location' adjacent to the Kenai River, Soldotna area; ESN 302;
Proposed to be named Catching Silvers Drive
d,
Unnamed private road shown as Tracts A & B on Castaway Cove
Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M.,
AK; Location: adjacent to the Kenai River, Soldotna area; ESN 302;
Proposed to be named Caught a Snag Road
Unnamed private road shown as Tract A on Castaway Cove
Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M.,
AK; Location: adjacent to the Kenai River, Soidotna area; ESN 302;
Proposed to be named Fish On Drive
eo
Unnamed private road shown as Tract A on Castaway Cove
Subdivision Amended (KN 84-140), Section 19, T5N, R10W, S.M.,
AK; Location' adjacent to the Kenai River, Soldotna area; ESN 302;
Proposed to be named Reel Them in Street
o
o
Resolution 2005-23; A land use permit application was received by the
Borough to operate a material site in the North Fork area. KPB 16525064, 98
acres; portion to be excavated is approximately 3 acres. KPB 16525065, 1.45
acres; portion to be excavated is approximately 1.25 acres. KPB 16525066,
2.22 acres; portion to be excavated is approximately 2 acres. Tracts 4, 5, 6
Carikens Subdivision, T4S R15W S25, Seward Meridian. Variance
Requested. Applicant and owner: Sergey Yakunin
A Resolution supporting the development and disposal of Sunrise View
Subdivision in the Cooper Landing area.
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate portion of the 10-foot utility easement along the east boundary of Lot
10 Block 1 adjacent to Scotch Run Drive, Lazy M Subdivision Green Addition
(Plat KN 84-104), within Section 4, Township 4 North, Range 11 West,
Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File
2005-142.
SPECIAL CONSIDERATIONS
,
September 27, 2004 Plat Committee Denial of Revised Final Plat Approval
Best Fishing Tracts
KPB File 2003-143
[Anderson/Mutch, Anchor Corp.]
Location' Mouth of Anchor River
Anchor Point APC
,
Lazy M Subdivision Green Addition Lot 10 BIk 1
Bldg. Setback Exception
KPB 2005-141
Resolution No 2005-21
Petitioner: Paul Quartly
Location: Off Scotch Run Drive in Soldotna
J. SUBDIVISION PLAT PUBLIC HEARINGS
The Plat Committee is scheduled to review 26 plats.
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
L. OTHER/NEW BUSINESS
.
,
Jerry Anderson Presentation
Action on notice to rescind the adopted motion to accept the blue proposed
suggestions for the changes to the Comprehensive Plan.
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
.
City of Kenai Planning & Zoning Commission Minutes - May 25, 2005'
,
The Touchstone Newsletter- May 2005
.
Anchor Point Advisory Planning Commission Agenda - June 7, 2005
· FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held June 27, 2005 in the
Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska
at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meeting Location I Date
Cooper Landing Cooper Landing Community Hall July 13, 2005
Anchor Point Anchor Point June 21, 2005
Chamber of Commerce Office July 5, 2005
The Kachemak Bay Advisory Planning Commission is inactive at this time.
Time
7:30 p.m.
7:00 p.m.
7:00 p.m.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairPerson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: plannin~@borou~h.kenai.ak, us
web site: www. borou.qh.kenai.ak, us/plannin.qdept
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a Pas , CiG wi h a
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
M MO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administrat
DATE: June 16, 2005
SUBJECT: Land Trade for Boating Facility Exit Road
The City Council reviewed the attached information at their meeting on
June 15, 2005. They have asked for input from the Harbor Commission
and the Planning and Zoning Commission before they make a decision.
The Harbor Commission will review the information at their meeting on
July 1 1th. This item will be placed on your agenda for the July 13th
meeting. At that meeting, information from the Harbor Commission will
be provided.
Even though this item does not require a public hearing, Council has asked
that notices be sent to individuals owning property within 300 feet of any
of these parcels. Notices will be mailed to notify property owners that the
Commission will be making a recommendation at the July 1 3th meeting.
Attachment
KENAI. ALASKA
210 Fidalgo Avenue, Kcnai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX: 907-283-3014
MEMORANDUM
To' Mayor Porter & City Council Meml~.rs
From: Linda L. SnOw, City Manager L~~';'
Date' June 9, 2005
,,~: Land Trade for Boating Facility Exit Road
This project began in 2001, when $350,000 was appropriated by the Legislature to the
Department of Natural Resources (DNR) for property acquisition along the Kenai River to build
a boat launch facility. The City Council adopted Resolution No. 2001-85 (Attachment A)
supporting the DNR purchase of certain lands for the project. In short, DNR never purchased
any property for the project, and in May 2003, the City of Kenai requested and was granted
reappropriation of the $350K for the project as described in Attachments B, C, and D. A grant
agreement was fully executed for this project in October 2003, and the administration has
pursued the project with the Harbor Commission and the City Council.
On June 9, 2004, a memo from Keith Komelis (Attachment E) was included in city council
packets for the June 16, 2004 meeting. At the meeting, the Council directed the administration
to proceed with the next steps towards a possible land trade, which are described in Attachment
E and include a DNR appraisal of the ten acres of Conservation Fund land we need to own for
the boat launch exit road and parking area.
On October 27th, 2004, a memo from Keith Komelis (Attachment F) was included in the city
council packets for the first November meeting. The Council agreed to obtain an appraisal of
city owned wetlands area, the value of which is close to the value of the land we need to own for
the boat launch exit road and parking area.
Please see Attachment #1, a memo dated June 9, 2005 from Keith Komelis. At present, the
Conservation Fund is willing to trade its 6.42 acre land parcel in the boat launch area (appraised
at $80,000) for the city's 93.13 acre parcel #7 appraised at $90,000 and located on the colored
aerial photograph in Attachment #1). The Conservation Fund is also willing to pay the City
$10,000 in cash to equalize the value of the potential land trade. KMC 22.05.070 states, "The
Council may approve, by resolution, after pubic notice and an opportunity for public hearing, the
conveyance and exchange of a parcel of City property for property owned by another person
subject to such conditions as Council may impose on the exchange, whenever in the judgment of
the City Council it is advantageous to the City to make the property exchange." The
administration is asking Council to review the information and determine whether it
wishes to proceed with the land trade as described in order to obtain the property required
for the boat launch exit road and additional parking.
We ask Council to consider the importance of developing this road for the benefit of the
community and facility users, as well as recognizing the project as a critical component of
improving local management control of the dip net fishery. At times, the line of vehicles with
boats or trailers extends all the way down the Boat Launch Road, and there has been traffic
backed up onto the Bridge Access Road. As some of you know, once a vehicle is in that line-up,
there is no way out of it for hours. Emergency vehicles cannot gain access to the facility, since
the existing road is not wide enough. A one-way exit from the facility would allow users to
make a loop to the line to retrieve their boats or to exit directly. The 6.42 acres will be enough
for the exit road and badly needed additional parking. The full $350K from the State will add
two new ramps. If the Council wishes to make the exit road project a reality, it will not only
need to approve an acceptable land trade but also to make funds available for construction of the
road.
The administration also recommends Council review the purchase proposal from the
Conservation Fund described in the Komelis memo of June 9, 2005. The Fund would like to
purchase parcels identified on the aerial maps as #'s 1,2,4,5, and 6 for their appraised valaes,
which in total equal $557,000. The Conservation Fund has advised in its letter dated June 2005,
that unless an agreement can be reached on this offer by August 2005, the offer will be
withdrawn. The Council may wish to review this matter and refer it to the Harbor Commission
for a recommendation at its meeting of July 1 lth. The~matter could be placed on the Council
agenda, with a Commission recommendation, for the council meeting of July 20th. This would
_
allow the administration time to reach an agreement with the Conservation Fund, if that were
Council's decision, or to advise the Conservation Fund as to the Council's rejection of the offer,
if that were the decision.
Page 2 of 2
CITY OF KENAI
RESOLUTION NO. 2001-85
Suggested by:
Council
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, SUPPORTING
THE STATE DEPARTMENT OF NATURAL RESOURCES PURCHASE OF PROPERTY
IDENTIFIED AS LOTS 3-6, WILD ROSE SUBDIVISION, KENAI, ALASKA FOR
DEVELOPMENT OF A BOAT LAUNCH ACCESS FACILITY FOR THE LOWER KENAI
RIVER.
WHEREAS, the Kenai City Council has for many years desired to develop a boat launch
in the lower Kenai River; and,
WHEREAS, due to increased interest, the Alaska Legislature appropriated $350,000 to
the Department of Natural Resources in the 2001-2002 Capital Budget for the
purchase of property to be used for the development of a boat launch access facility for
the lower Kenai River; and,
WHEREAS, because the identified property adjoins Cunningham Park, the issue of
constructing a boat launch facility was discussed with the City of Kenai Parks &
Recreation and Harbor Commissions where both concerns and support were expressed
in regard to developing a facility that will not impact the current users of Cunningham
Park; and,
WHEREAS, representations by the Department of Natural Resources, Division of Parks
and Outdoor Recreation assure involvement of the City of Kenai and public input in the
design of the boat launch facility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports the State Department of Natural Resources purchase of
property identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for the
development of a boat launch access facility for the lower Kenai River.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this s~venth day of
November, 2001.
ATTEST:
Carol L. Fre~.~, City Clerk
/~oh~'"lliams, Mayor
clf
May 7, 2003
CITY OF KENAI
"oa 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-753S
FAX 907-283-3014 ~
1~92
Senator Tom Wagoner
State of Alaska
State Capitol, Room 427
Juneau, AK 99801
RE:
KENAI RIPER PROPERTY ACQUISITION FOR LA UNCH FACILITY
Dear Tom,
Thank you for your letter of May 3, 2003 and your interest in the $350,000
appropriation for property acquisition along the Kenai River.
In November, 2001, the City Council passed its Resolution No. 2001-85 supporting the
State Department of Natural Resources' purchase of property in the Wild Rose
Subdivision for development of a boat launch access facility for the lower Kenai River.
The identified property adjoins Cunningham Park and while the prospects of
developing a boat launch on the property and the $350,000 appropriation was very
acceptable to the City of Kenai, the actual purchase of the property never went forward
due to different concerns in the community, i.e. environmental, commercial drift boat
users, neighboring property owners, etc.
As you are aware, the State of Alaska directed a dip net fishery be available in the
Kenai River/City of Kenai and if re-appropriation of the $350,000 is being considered,
we would request those funds be awarded to make the following improvements to the
Kenai City DOck:
Add two new launch ramps.
Add a new road as an exit to the boating facility or w/den and upgrade
the existing road. --
Facts to support our requests are'
· The dip net fishery is a State fishery.
· Over 15,000 dip net permits for households are issued each year and
over 100,000 fish are caught in the Kenai River fishery.
Senator Tom Wagoner
May 7, 20O3
Page 2
· Personal dip net fishermen come from all over the state to use the City of
Kenai Boat Launch Road, parking lot, and launch ramps.
* The biggest bottleneck restricting the number of dip net users at the
Dock is having only two launch ramps.
· Adding two ramps would allow mOre users and faster access to the River
(there can be a two-hour wait to get a boat into the water and another two-hour wait
to retrieve it).
* At times, the line of vehicles w/th boats or trailers extends down Boat
Launch Road almost to Bridge Access Road presenting many problems of access.
· A one-way exit from the facility would allow users with or without boats
to exit directly or allow vehicles with a trailer to make a loop to the line to retrieve their
boats.
Aga/n, these improvements are very badly needed as they are a direct result of the
heavy use of the dip net fishery. Since the dip net fishery is governed or regulated in
this area by the State of Alaska, the re-appropriation of the $350,000 for these
improvements would relieve some of the costs to the City caused by the impact of the
State's fishery.
We are enclosing another copy of our Resolution No. 2003-10 which lists our Capital
Improvement Lists and has additional information in regard to the two projects noted
above.
Thank you again for contacting us in regard to the $350,000 re-appropriation.
help in acquiring these funds for the above-referenced projects will be greatly
appreciated!
Your
CITY OF KENAI
·
JJW / clf
Enclosure
Cc: Representative Chenault
Representative Wolf
CITY OF KENAI
'Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE: 907-283-7535
FAX: 907-283-3014
FAX: (907) 465
-3835
To'
Attention'.
From'
Subject:
Phone'
Dote'
Pages:
mlml
Representative Kelly Wolf
David pree
City of Kenoi- Lindo L. Snow, City Manager
Boot Launch Romp Project
(907) 283-8222 Fox' (907) 283-3014
Mo), 15, 2003
3
David'
Attached please find the capital project information you requested for the Kenai Boat
Launch Ramps.
The legal description of the proposed location follows'
Property Address
1591 Boat Launch Road
Kenai, AK 99611
Legal Description
KN0790009 T5N R11W S9
City of Kenai Boat Ramp & ROW Dedication
We appreciate your assistance with this important project.
Linda
Project 3'
CITY OF KENAI
REQUEST FOR STATE GRANT
2003-2004 CAPITAL IMPROVEMENT PROJECT
NAME' STATE OF ALASKA DIP NET FISHERY PROJECTS
TOTAL PROJECT COST: $1,000,000
STATE ASSISTANCE REQUESTED: 100%
PROJECT DESCRIPTION' (See Drawing)
a. New Launch Ramps- Top Priority
$350,000
This part of the project is to add two new launch ramps with a floating dock
between the ramps. It would be similar to the existing launch ramps.
b. Dock Area Paving
$400,000
This part of the project is to rebuild the Boat Launch Road and a portion of the
Boating Facility parking lot, which is presently gravel. The proiect includes
asphalt paving, parking striping, and signage.
c. New or Upgrade of Dock Access Road
$25O,OOO
This Part of the project is to add a new road as an exit access to the boating
facility or to widen and upgrade the existing road.
PROJECT JUSTIFICATION:'
Personal dip net fishermen from all over the state use the Boat Launch Road,
Parking Lot, and Launch Ramps. Over 15,000 dip net permits for households are
issued each year, and over 100,000 fish are caught in this Kenai River fishery. The
City Boat Facility handles most of this 'fishery. This project will improve the Boating
Facility operation and make it a lot cleaner.
The biggest bottleneck that restricts the number of dip net users is having only two
launch ramps. This project would provide users an additional two ramps allowing
more users and faster access to the river. Under the present conditions, sometimes
there is a two-hour wait to get a boat into the water plus another two-hour wait to get
the boat out of the water.
This project will greatly enhance the health and quality of life of its users. At the
present time, users of the Boating Facility use staging areas that are gravel surfaced
Dip Net Fishery Projects
Page 2
and often dirty and unsanitary. Dust in the area is a problem since dust retardants
cannot be used due to the closeness to the water. Users spend time in staging
areas getting their boats ready to load and unload onto their trailers and in parking.
This project would definitely enhance recreational opportunities for dip net
fishermen. Informational signs would also enhance the understanding of the area.
At times, the line of vehicles with boats or trailers extends down Boat Launch Road
almost to Bridge Access Road. This presents many problems of access on this
narrow road. Users often have to exit the facility and drive down Bridge Access
Road to find a place to turn around and then back to Boat Launch Road to get in line
to retrieve their boats. A new one-way exit from the facility would allow users with
their boats to exit directly or allow vehicles with a trailer to make a loop to the line on
Boat Launch Road to retrieve their boats. Another alternative would be to widen the
existing road and reroute a return.
The three pads of this project are very badly needed, and they are a direct result of
the heavy use of dip net fishermen. Since the dip net fishery is governed or
regulated in this area by the State of Alaska, the City of Kenai is requesting funds to
help relieve some of the costs caused by the imPact of this fishery. That is also why
this project is entitled "State of Alaska Dip Net Fishery Projects."
OI~P}~RED IN THE HOUSE
TO: Reappropfiation Bill
A MEND ME N T
23'LSSOO2L~.105
1.3termohle
5/15/03
B Y R-EPP~.SENTATIVE WOLF
10
11
12
13
14
* Sec. A, Section 19(c), ch. 61, SLA 2001, is amended to read:
(c) The sum of $350,000 is appropriated from the income accrued during the
fiscal year ending June 30, 2001, on the Exxon Valdez oil spill restoration fund
described in (a) of this section to the Department of Communit and Economic
[NATURAL RESOURCES FOR TIlE PURCHASE AT FAIR. MARKET VALUE OF' '-
TRACT 1 OF HORSESHOE END AT RIVER BEND SUBDIVISION,
ACCORDING TO PLAT OF SURVEY KENAI'S 1709, RECORDED /1.~ 23,
1970, AT 'I2-1E KENAI RECORDING OF'VICE, THm,D 3UDICIAL DISTRICT,
STATE OF ALASKA, CONTAINING APPROXIMATELY 10.4 ACRES OF LAND
IN KENAI, ALASKA, AND ALL ASSOCIA'I'ED COSTS,] f_~..r .... _t. he_.PUrp0se__.pf !
restoring the .riverbanks of the Kenai River and providing recreational access to
river through construction of a'boat launch and pull,out on tl~e property located a~~
1~$91 Boat Launch Road in Kenai.
·
MEMORANDUM
CiTY OF KENAI
"oa 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794
TELEPHONE 907-283-7535
FAX 907-283-3014
TO'
FROM-
DATE'
Linda L. Snow, City Manager
Keith Kornelis, Public Works Manager
June 9, 2004
SUBJECT' Kenai Boating Facility Exit Road
........
I have been working with The Conservation Fund on a possible land trade. They
own the land that would be useful as an exit from our Boating Facility. The total
area that The Conservation Fund owns is 31~ acres. About one third or ten
acres of the northern portion of this property is uplands that they would be willing
to trade to the City. The total 31~ acres was appraised at $200,000 in 2000. I
discussed proceeding as follows (if the City Council approves):
:.---~1. The Conservation Fund will have their appraiser place a value on the ten
acres of upland area that the City is interested in. They will pay for this
appraisal.
The City will look at the appraised value for the ten acres of Conservation
Fund land we want to own. We will use this value to help determine what
wetlands we may want to trade. In 1999, the City had an appraisal done
of many City-owned wetland parcels, (attached) which will help us. The
Conservation Fund requires an equal value for the land trades.
3. The City will have a new appraisal done of our wetlands area we think is
close in value to the land we want to own. The City will pay for the
appraisal of our wetland area.
4. The Conservation Fund and the City of Kenai will then make the land
trade. They do not want to give us area that is wetlands.
5. The Harbor Commission recommended the City proceed with this land
exchange.
Should I proceed as outlined above?
I
I
i~¢6_+ acres): $32,000
Parcel 2 (345_+ acres)' $210,000
Parcel 3 (12_+ acres): $55,000
Parcel 4 (622_+ acres)' $376,000
Parcel 5 (15_+ acres): ' $7,500
Parcel 6 (61_+ acres): $21,500
Parcel 7- No longer visible -0-:
Parcel 8 (93,_+ acr, es): $75,000 '
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DERRY & ASSOCIATES
__ -
MEMORANDUM
TO'
FROM:
DATE:
CiTY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
Linda L. Snow, City Manager
Keith Kornelis, Public Works Manager ~
October 27, 2004
SUBJECT' Kenai Boating Facility Exit Road
I have been working with The Conservation Fund on a possible land trade. They own the land
that would be useful as an exit from our Boating Facility. The total area that The Conservation
Fund owns is 31~ acres. They do not want to give the City any wetland portion of this acreage.
About 6.42 acres of the northern portion of this property is uplands that th'ey would be willing to
trade to the City.
The Conservation Fund has submitted the attached appraisal report for the 6.42 acres
the City is interested in. The value for this is $80,000.
In .1999, the City had an appraisal done of many City-owned wetland parcels, (attached)
which will help us to determine which parcel(s) the City may be interested in trading for
the 6.42 acres. The Conservation Fund requires an equal value for the land trades.
The City now needs to have a new appraisal done of our wetlands area we think is close
in value to the land we want to own ($80,000). The City will pay for the appraisal of our
wetland area. The Conservation Fund stated that the 93-acre parcel that appraised at
$75,000 (Parcel 8) is the closest in value. I think we should have all 8 parcels re-
appraised. We may want to trade a combination of different parcels.
Once we both agree on the parcels, The Conservation Fund and the City of Kenai will
then make the land trade.
The next step would be to find the capital funds to construct this exit road.
Attachment
cc: Harbor Commission
THE CONSERVATION FUND
~ ,,
December 12, 2003
Mr. Keith Komelis
Public Works Manager
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611
RE: Property Adjacent to Kenai City Boat Ram
·
Dear Keith,
Enclosed please find a copy of an appraisal report recently completed on the tract of
interest to the City of Kenai. The appraiser estimated the land area at 6.42 acres based on
the drawing you provided to me and concluded a value of $80,000 for that tract.
If you concur with this value the next step will be to identify and appraise the parcel to be
exchanged. In reviewing the report prepared by the Derry's in 1999 the tract that is
closest in value is the 93-acre parcel for which they concluded a value of $75,000.
I look forward to continued progress to meet our collective interests.
Sincerely,
Brad Meil~john
Alaska Representative
Enclosure
MACSWAIN ASSOCIATES
4401 Business Park Boulevard, Suite 22
Anchorage, Alaska 99503
Ph 907.561.1965 Fax 907.561.1955
Market Value Estimate of 6.42-Acre Land Parcel
Appraised Parcel
Aerial view of 6.42-Acre Kenai Boat Launch Property
Kenai Boat Launch
Bridge Access Road
Kenai, Alaska
Valuation Date
September 10, 2004
File No.
04-1095
Submitted To:
Brad Meiklejohn
The Conservation Fund
9850 Hiland Drive
Eagle River, Alaska 99577
lMacsWain AssociateS [
4401 Business Park Blvd., Suite 22
Anchorage, Alaska 99503
Telephone: 907-561-1965
Facsimile: 907-561.1955
E-mail: d. shantz@macswain, com
October 5, 2004
The Conservation Fund
9850 Hiland Road
Eagle River, Alaska 99577
Attn: Brad Meiklejohn
Re;
6.42-Acre Land Parcel
Bridge Access Road
Kenai Boat Launch
Kenai, Alaska
Dear Brad:
As requested, we have prepared a Restricted Use Appraisal that analyzes the above-referenced
vacant parcel located within Kenai city boundaries fronting the west side of Bridge Access Road
and contiguous to the Kenai Boat Launch. The purpose of the report is the estimate the market
value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal
partition from a larger 31.5-acre parcel. Platting the parcel, which is a hypothetical condition of
this report, may produce a small variation in land area but have no significant affect on the value
indicator. We understand you intend to use the appraisal to evaluate a potential land eXchange
involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but
present limited descriptive and analytical discussions in the report. Moreover, we prepare this
report to comply with Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal
Practice (USPAP) that pertains to a Restricted Use Appraisal.
Based on the data, reasoning, and analysis relied upon in the appraisal process, we 'estimate the
market value of the appraised parcel, as of September 10, 2004, is $80,000.
We appreciate the opportunity to prepare this appraisal report. If you have questions regarding
our analyses or conclusion, we will be glad to discuss them with you.
Sincerely;
Dan Shantz
'Alaska State Certificate No. 47
Steve MacSwain, MAI
Alaska State Certificate No. 42
,
.
041095: Kenai Boat l,aunch
MacSwain Associates
Chapter 2- Property Description and Analysis
Overview: We prepare a brief description and analysis of the 6.42-acre appraised parcel located
just west of the Bridge Access Road/Beaver Loop Road intersection. Importantly, we calculated
the subject land area from an aerial photograph provided The Conservation Fund and mapping
with dimensional boundaries obtained from the KPB. Facing exhibits help illustrate the physical,
legal, and economic character of the appraised parcel.
Property Type: Vacant industrial-zoned land
Location' The appraised parcel fronts the west side of Bridge Access Road 1.5+ miles southeast
of the Kenai commercial district. Contiguous to the west parcel boundary is the Kenai Boat
Launch.
Neighborhood.: The subject is located in the City of Kenai industrial area that fronts the Kenai
River near its mouth. Fish processing and related facilities are the principal land use of
developed land, although attrition in the fishing industry has caused re-development to some
facilities. We also observed land developed with freight distribution, mini-storage, log cabin
manufacturing, and yard storage. The City of Kenai owns about one-third of the industrial-
designated land with the remainder in private ownership. A city dock and boat ramp is also
located in the neighborhood. Development of non-riverfront land is sparse and demand is
limited. The closure of several fish processing facilities as well as a decline in the commercial
fishing industry compounds the scarcity of neighborhood demand for industrial-zoned land. We
anticipate future demand will be from light industrial or commercial use rather than heavy
industrial.
Land Description: The appraised parcel sets below access grade with Bridge Access Road and
extends westerly to the north end of Boat Launch Road. Importantly, the appraised parcel is
north of the low-lying wetlands that affect the development potential of contiguous land. We
determined from aerial photographs and mapping that the parcel width is 320_+ feet while its
depth ranges from 786_+ foot on the noah boundary to 998+ feet on the south. Listed below are
important physical characteristics pertaining to the appraised parcel.
Land Area: 6.42_+ acres or 279,594_+ square feet
Shape: Irregular
Road Frontage: 355+
Road Access: Bridge Access Road, asphalt-paved two-lane roadbed; Boat Launch Road, gravel-
surfaced two-lane roadbed
2003 Average Daily TraJ][c (..bunt: 9,500 vehicles per day on Bridge Access Road
'Public Utilities: Electricity, natural gas
Topography: Relatively level to undulating
041095: Kenai Boat Launch
MacSwain Associates']
PT/V. IV
SEC. 9, T. 5 IV.,
6.42-Acre
Appraised Parcel
®
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x'N ?~ g .
~! Boat Launch
Road
r~, O
Bridge Access
Road
041095: Kenai Boat Launch
i;:.,:,::.... , F' rcel 1 6_+ acres $32 000
L..;t , ,
:;';' Parcel 2 (345_+ acres $210,000
" ' Parcel 3 (12+ acres)' $55 000
~ Parcel 4 (622+ acres):$376,000
O . ~ , -- ,
i Parcel 5 (15_+ acres): $7,500
~ Parcel 6 (61_+ acres). $21,500
! Parcel 7- No longer visible -O-
Parcel 8 (93+ acres): $75,000
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D ERR',' &: ASSOCIATES
TR. A
MEMORANDUM
CITY OF KENAI
..
"oa
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
TO'
FROM:
DATE:
SUBJECT'
Linda Snow, City Manager
Keith Kornelis, Public' Works Manager ~
June 9, 2005
Kenai Boating Facility Exit Road Wetland Sale to the
Conservation Fund
The Conservation Fund will trade 6.42 acres of their upland land (for a Boating
Facility Exit Road) for 93.13 acres (parcel 7) of City owned wetlands. Since the
Cities wetlands (parcel 7) is appraised at $90,000 and Conservation Fund upland
is appraised at $80,000 they will also give the city $10,000 cash with this trade.
The Conservation Fund would also like to purchase at appraised value
Parcels 1,2, 4, 5, and 6.
Below are two tables that illustrate these proposals.
Land Trade for Boating Facility Exit Road
Appraised"
Value
Conservation Fund 6.42 Acres $80,000
"City Parcel #7 93.13 Acres $90,000
_
.....
Trade of lots & Cash to the City $10,000
The Conservation Fund Proposal
To Purchase
City Owned Wetlands
Parcel Acres Appraisal Cash to City
1 45.67 $46,000 $46,000
2 621.89 475,000 475,000
3 11.63 90,000 Not in Offer
4 14.63 8,000 8,000
.... 5 61.37 27,500 27,500
6 2.04 1,000 1,000
cash Payment to City- $557,000
Please find attached:
Attachment A
Aerial Photo of Wetland Parcels
Attachment B
The Conservation Fund purchase request dated June 2005
Attachment C
City and the Conservation email correspondence May 2005
Attachment D
McSwain Associates appraisal report dated September 10,
2004 of the Conservation Fund Land 6.42 acres
Attachment E
Derry & Associates appraisal report dated April 22, 2005 of
Seven City owned wetland acres
I have made it clear to the Conservation Fund that our communications
concerning this have been for discussion purposes only and that the Council of
the City of Kenai would be making any discussions.
cc: Brad Meiklejohn, The Conservation Fund
McSwain & Associates
Derry & Associates
KK/njc
THE CONSER'%.~.'FION FI'ND
Mr. Keith Komelis
Public Works Manager
City o£ Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611
RE: Tracts on the Kenai River
Dear Mr. Komelis,
The Conservation Fund is interested in purchasing lands owned bY the City of Kenai that
are located along the Kenai River. These lands were recently appraised by Derry and
Associates and are shown on the enclosed map.
The Conservation Fund is interested in purchasing arcels 1, 2, 4, 5, and 6 for their
appraised values, which total $557,500.
Because the funds we have available for this will be withdrawn unless an agreement can
be reached by August 2005, I would appreciate a timely response.
Sincerely,
Brad Meiklejo
Alaska Representative
Enclosure
ATTACH~ ENT
Keith Kornelis
From'
Sent:
To:
Cc·
Keith Kornelis
Thursday, May 26, 2005 4:10 PM
'BradMeiklejohn@aol.com'
Linda Snow; Larry Semmens; Kim Howard; Marilyn Kebschull; Jan Taylor; Jack LaShot; Cary Graves
SUbject: RE: The Conservation Fund land trade
Brad,
The city administration is very interested in continuing with the trade proposal discussion. I understand that your
first preference would be to trade the city's parcel 7 (appraised at $90,000 for 93 acres) for your 6.42 acres appraised
at $80,000 plus The Conservation Fund paying the city $10,000 cash.
I understand that your parcel would have to be subdivided before part of it could be traded. At this time we do not
have the funds to do any improvements to your property this summer. However, I am excited that we may own the
property so that something could be done for the 2006 summer.
And, the city may be interested in selling parcel 2 (appraised at $475,000 for 622 acres).
I am putting together information for the Kenai City Council to discuss this. I do not think we will have any type of
response from our city council until after our June 15, 2005 council meeting.
I will keep you informed. Thanks.
Keith Kornelis, Public Works Manager
907-283-8232 City Safety Coordinator
Fax 283-3014 Harbormaster .
..... Original Message .....
From; BradMeiklejohn@aol.com [mailto:BradNeiklejohn@aol.com]
Sent: Thursday, May 19, 2005 10:29 AM
To: Keith Kornelis
Subject: Property
Keith,
Thanks for sending along the appraisal. ~ q~
Our first preference would be exchangel n addition to $10,000 cash that we would
provide to make up the difference in val .
Please advise if that course is acceptable to you.
Also, as a separate matter, is them any possibility that the City would be willing to sell Parcel 2?
Regards,
Brad Meiklejohn
Alaska Representative
5/26/2005
The Conservation Fund
2727 Hiland Road
Eagle River, Alaska 99577
(907) 694-9060/9070fax
Rated.A + - The l'op Environmental Non-Profit in the .Nation - b), the
American Institute qf Philanthrot~r
Notice: This email message, including any attachments, is for the sole use of the recipients to whom it is addressed, and may contain information
that is proprietary, privileged and/or confidential. If you are not the Intended recipient, please contact the sender by reply ernail and delete the
original message without making any copies. If you are not the intended recipient, unauthorized.review, copying, use, disclosure, or distribution is
improper and may be subject to legal sanctions. Although this e-rnail and any attachments are believed to be free of any virus or other defect that
might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no
responsibility is accepted by The Conservation Fund for any loss or damage arising in anyway from its use.
5/26/2005
MACSWAIN ASSOCIATES
4401 Business Park Boulevard, Suite 22
Anchorage, Alaska 99503
Ph 907.561.1965 Fax 907.561.1955
Market Value Estimate of 6.42-Acre Land Parcel
Appraised Parcel
~~~mm
Aerial view of 6.42-Acre Kenai Boat Launch Property
Kenai Boat Launch
Bridge Access Road
Kenai, Alaska
Valuation Date
September 10, 2004
File No.
04-1095
-.- ~ =,_ _.j~ _~_~_
Submitted To:
Brad Meiklejohn
The Conservation Fund
9850 Hiland Drive
Eagle River, Alaska 99577
4401 Business Park Blvd., Suite 22
Anchorage, Alaska 99503
Telephone: 907-561-1965
Facsimile: 907-561-1955
E-mall: d. shantz@macswain, com
October 5, 2004
The Conservation Fund
9850 Hiland Road
Eagle River, Alaska 99577
Attn: Brad Meiklejohn
Re:
6.42-Acre Land Parcel
Bridge Access Road
Kenai Boat Launch
Kenai, Alaska
Dear Brad:
As requested, we have prepared a Restricted Use Appraisal that analyzes the above-referenced
vacant parcel located within Kenai city boundaries fronting the west side of Bridge Access .Road
and contiguous to the Kenai Boat Launch. The purpose of the report is the estimate the market
value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal
partition from a larger 31.5-acre parcel. Platting the parcel, which is a hypothetical condition of
this report, may produce a small variation in land area but have no significant affect on the value
indicator. We understand you intend to use the appraisal to evaluate a potential land exchange
involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but
present limited descriptive and analytical discussions in the report. Moreover, we prepare this
report to co~nply with Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal
Practice (USPAP) that pertains to a Restricted Use Appraisal.
Based on the data, reasoning, and analysis relied upon in the appraisal process, we estimate the
market value of the appraised parcel, as of September 10, 2004, is $80,000.
We appreciate the opportunity to prepare this appraisal report. If you have questions regarding
our analyses or conclusion, we will be glad to discuss them with you.
Sincerely;
! : _ /t t l
Dan ghantz
Alaska State Certificate No. 47
..
Steve MacSwai.n, MAI
Alaska State Certificate No. 4
Boat Launch
Road
Appraised
Parcel
Bridge
Access Road
Beaver LoOp
Road
·
041095: Kenoi Boa~ Ix'~un~'h
wain Associa
041095: Kenai Boat l.uunc'h
Restricted Use Appraisal RePOrt
Prepared for
City of Kenai
210 Fidaigo Avenue, Suite 200
Kenai, AK 99611
Market Value
Seven City-Owned Tracts on the Kenai River- Mile 5-11
Kenai, Alaska
Effective Date' April 22, 2005
DERRY & ASSOCIATES, Inc.
Real Estate Appraisers & Counselors
(907) 260-8434 · derry@alaska.com
Box 2582 · Kenai, AK 9961 !
DERRY & ASSOCIATES, Inc.
Real Estat~ Appraisers & Counselors
(907) 260-8434 · derry@alaska.com
Box 2882 · Kenai, AK 99611
April 28, 2005
Keith Kornelis, Public Works Director
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
RE: Restricted Use Appraisal Report
Seven City-owned Parcels fronting on the Kenai River- Mile 5-11
Kenai, AK
Dear Mr. Kornelis'
Following is the Restricted Use Appraisal Report on the property referenced above. As
a Restricted Use Appraisal Report a minimal amount of information describing the
property or the development of the conclusions of value are presented. The value
estimates were developed following a complete appraisal process with a physical
inspection of the property. This restricted use appraisal report was prepared for your
exclusive use, to assist you in determining the Market Value of the subject property as of
the April 22, 2005 effective appraisal date.
Supporting documentation regarding the basis for the value estimates is retained in our
files and available for review with you upon request.
Thank you for this assignment and the opportunity to be of service to the City of Kenai.
Sincerely,
~Julie Derry ~"
Client
Intended Use/
Purpose
Scope of Work
Property
Identification
Restricted Use Appraisal Report
Keith Kornelis, Public Works Director
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
To estimate Market Value for the sole purpose of assisting the
client, the City of Kenai, in determining Market Value of the
individual parcels for their use in negotiating a potential land trade
with the Conservation Fund.
Based on consultations with the client, consistent with the
intended use/purPose, the appropriate scope of work was
developed.
A physical inspection was made of the parcels appraised,
neighborhood, and market data analyzed in the valuation
process. The appraiser also relied on notes and photographs
taken during previous inspections along the Kenai River.
Additional data was obtained from available maps/aerials, and
through inquiries with the Borough's Kenai River Center, utility
providers, and other knowledgeable about the Kenai River.
The value analysis utilized the Sales Comparison technique.
In this process comparable sales data was researced and then
analyzed. Data sources included the appraiser's market data
bank, MLS sale/listings data, research of recorded documents,
real estate agents/brokers, and parties to the transactions.
In the valuation process quantitative and qualitative
adjustments were made to the comparables for differences in
comparison to the parcels appraised. The extent of analysis
required was increased due to the parcel's primarily wetlands
characteristics, Kenai River frontage, and the lack of
constructed road access and utilities to all of the parcels
except Parcel 2. Numerous sales and listings were
researched to provide a basis for applying market-derived
adjustments.
Seven acreage tracts fronting on the Kenai River between River
Mile 5 - 11. Due to their legthy metes and bounds legal
descriptions for valuation purposes they are identified by their
Kenai Peninsula Borough Parcel numbers in the property
description section which follows.
DERRY & ASSOCIATES, Inc.
Appraisal Dates
Interest ValUed
Date of Inspection:
April 22, 2005
Effective Date of Value: April 22, 2005
Date of Report: April 26, 2005
Fee Simple
Ownership
History
Property
Description
The City of Kenai, owner of record, has owned the parcels in
excess of the three-year reporting period. During this time frame
the parcels have not been listed for sale. There are no reported
pending offers to purchase/sell any of the tracts. However,
according to the client this appraisal will be used to establish a
basis for negotiating 'a potential land trade with the Conservation
Fund. The appraiser has no knowledge of the value of the
acreage to be traded.
The following table summarizes physical characteristics of the
parcels. Soils data is from the US Soil Conservation Service Soil
Survey for the Kasilof-Kenai Area. For the most part the parcels
contain a high proportion of poorly drained, mostly peat type soils
with a high water table. Copies of the Borough's new wetlands
overlay maps for the neighborhood are included at the end of this
report.
Except for Parcel 2 which fronts on Angler Drive along the north
boundary the other parcels do not have constructed road access
or public utilities available. Due to the proximity to the mouth of
the Kenai River at Cook Inlet this section of the river is subject to
tidal fluctuation and the river level increases at the incoming to
high tide. Parcels 4-7 are islands and reportedly subject to some
flooding at higher tides. A portion, if not all, of each parcel is
within a designated floodplain, with a base elevation established
at fourteen feet.
Sizes reported are from the Kenai Peninsula Borough Assessor's
plat map. Due to possible erosion and/or accretion all of the
parcels may vary in size from that reported. This is likely
considering they were platted as government lots many years ago,
The appraiser reserves the right to modify the value conclusions if
a survey by a Registered Land Surveyor reveals a variation in
size from that used in this appraisal.
The parcels are within the city limits of Kenai and zoned Rural
Residential.
DERRY & ASSOCIATES, Inc.
Summary of the Subject Parcels
Parcel KPB #
· , ,
1 049-110-08
2 049-011-11
3 049-110-10
4 049-110-12
5 049-110-13
6 049-110-14
7 049-110-15
Size- Road
Acres To~3oqraphylSoils Utilities Access
46+~- Level/Clunie peat & tidal None None
marsh along the Kenai
River frontage.
622+/- Level/Mostly Clunie peat, E,T,G Angler
band of gently sloping Dr. @ N
better soils(Kalifonsky silt
loam) @ N & E. Tidal
marsh along River.
Open & forested.
12+/. Clunie peat @ north. 5+/- None None
Ac.forested ridge @
S,,well-drained soils
15+/- Island-Level/Tidal marsh None None
61+/- Island-Level/Tidal marsh, None None
some trees
2+/. Island-Level/Tidal marsh, None None
no trees
..Comments
Adjoins City & State-
owned wetlands. East
of Bridge Access Rd.
1,100'+/.
State-owned acreage
to W, pdvate lots &
acreage to E.
Extensive River
frontage.
State-owned acreage
S and W, subdivision
.25 mile south.
Floods at higher tides.
Flooding at higher
tides.
Floods at higher tides,
accretion expanded
area into River.
93+/- Island created by narrow None None Partially flooded at
channel @ north, Beaver higher tides.
Creek to W. Level/mostly
peat & tidal marsh. Silt
loam underlain by sand/
gravel to NE. Some
areas treed.
Highest and
Best Use
Valuation
Parcels 1, 4, 5, and 6: Maintain vacant for investment and/or
wetland mitigation purposes. Parcels 2, 3, and 7: Combination of
seasonal recreational use and maintain vacant for investment
and/or wetland mitigation purposes.
Value definition: Market Value as defined in the Dictionary of
Real Estate Appraisal, Appraisal Institute, Fourth Edition, 2002,
pgs. 177 & 178.
The following table lists the primary comparables analyzed in the
valuation process. Numerous other transactions provided a basis
for developing market-derived adjustments. All of the
comparables have varying quantities of river frontage. Some of
the sales include a high proportion of wetlands and others provide
significantly superior usability. Comparables 7 and 8 lack
constructed road frontage and utilities. For comparison purposes
the estimated contributory value of site improvements are
deducted from the total sale price of Comparables 1 and 2. The
buyer of C2 provided the land value allocation.
Comp.
8
8a
Sale Sale Size Price/ Sale
Leoal Description Date .Price (Acres) Acre Terms
L11-F, H.D. Lindgren 1/05 $70,000* 35.54 $1,970 Cash
1979 S/D
GLO 9, S8, and GLO 11
& 12, S17, T5N, R11W
2/04 $400,000* . 57.12 $7,003 Cash
Trt. 1 & 3, L2, B2, 1/01 $100,000 19.66 $5,086 Cash
Angler's Acres
Tract 7A, Wildrose S/D
6/04 $687,200 17.19 $39,977 Cash
GLO 13 & NE4 NW4, 2/02 $475,000 52.53 $9,042 11% dn
S23, T5N, R1 lW
Tract B-l, Channel 2~02 $382,500 21.86 $17,498 Cash
Shores
USS 257 8/01 $2,200 2.78 $791 Cash
M.L. Stewart S/D
Lot 9A 5/00 $30,000 .97 $30,928 17% dn
Lot 4A 12/00 $25,000 1.00 $25,000 Cash
Lot lA 7~02 $35,000 .98 $35,714 20% dn
L7, Larry's Fishing Hole 5/02 $32,000 1.01 $31,683 63% dn
*Net Land Value
In the analysis the comparables were adjusted for differences in
comparison to the subject parcels. Elements of comparison
include sale terms, market conditions (date of sale), site size, road
frontage/location, topographic features/quantity of wetlands,
riverfront amenity, availability of utilities, shape, and legal
constraints.
Concluded Value: Following analysis of the comparables the
estimated Market Value of the individual parcels is concluded as
follows:
Parcel 1 (46+~- acres)
Parcel 2 (622+~- acres)
Parcel 3 (12+/- acres)
Parcel 4 (15+/- acres)
Parcel 5 ( 61+/- acres)
Parcel 6 (2+~- acres)
Parcel 7 (93+~- acres)
$46,000
$475,OOO
$90,000
$8,000
$27,500
$1 ,ooo
$90,000
The value conclusions are based on cash sale terms and
assuming a sale of each tract to a separate buyer. The Market
Value of all of the lots combined would indicate a discount from
the total of the Market Value conclusions of the individual parcels.
The parcels are valued based on the sizes reported on the Kenai
Peninsula, Borough Tax Assessor's map. The appraiser reserves
the right to modify the value conclusions if a current survey by a
registered Land Surveyor indicates a variation in size.
Specific
Conditions
None
Appraiser
J ~.r~ Derry- 074
Exposure Time
Indicated Exposure Time: 3-4 years
Appraisal
Development
Reporting
Process
To develop the estimates of value the apPraiser performed a
Complete Appraisal process as defined by the Uniform Standards
of Professional Appraisal Practice (USPAP). This means that no
departures from specific guidelines of USPAP were invoked.
The Cost and Income Approaches are not applicable to this
assignment because the property consists of vacant land.
This Restricted Use Appraisal Report sets forth only the
appraiser's conclusions and presents no discussion of the data,
reasoning, and analysis that were used in the appraisal process to
develop the estimates of value. Supporting documentation
containing the data, reasoning, and analysis is retained in the
appraiser's file. The depth of discussion in this report is specific to
the needs of the client as identified in the Scope of Work. The
appraiser is not responsible for unauthorized use of this report.
DERRY & ASSOCIATES, Inc.
DERRY & ASSOC!ATES~ !nc.