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1989-08-23 P&Z Packet
KE NA = P LANN = NG Fx Z O N = NG COMM 2 S S = O N August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL ' 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - Maguire 5. APPROVAL OF MINUTES of July 26 and August 9, 1989 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING Work Session to follow meeting regarding proposed Recreation Zone - material will be available at the meeting. 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - August 16, 1989 b. Borough Planning Agenda - August 21, 1989 c. APA Magazine 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION N0. PZ~ A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THE REQUESTED (REZONING),(LAND USE PLAN AMENDMENT) SUBMITTED BY ah2~ ~- //7C~~C~'C. ~yj ~~~ ) (Applicant) FOR iw vl ~'J, WHEREAS, the Commission finds the following: 1. The subject property is currently zoned- 2. The present land use flan designation of the subject property is ~~ ~J ~ ~! ii o~JiL .r~al>> 3. The proposed ING DISTRI~ LAND USE PLAN DESIGNATION for the affected property is _ ` ~,~~ ~o~,~~~ 4. An appropriate public hearing as required has been conducted by the Commission on 5. That the following additional facts ..have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning & Zoning Commission of the City of Kenai, Alaska, this day of 19 Chairman ATTEST: Planning Secretary 8/84 CITY' OF KENAI REZONING APPLICATION DATE: Cn-ZD -~5 1. PETITIONER: Sa,rnu~~ F` ~' rnQa~a~ ~ ~~ J AND 2. ADDRESS : /,DDB ,~~~~ ~ G t/a.-~i i~,~A, ~~~ ~ y~ ~r PHONE: z..8,3 - 790 / 3. WRITTEN ~ SIGNATURES: Xl~t~rv-.c~ e ~ ~ Yvl n „ ,, ~ ~. , 4. LEGAL DESCRIPTION: 4 ¢ -c,o n, ~3 ~v YlWZ /l GtJ-e.~z-7~ K~t4~C. ~ L~r ~`Z~L 0`'"`'r`7 5. PRESENT ZONE: ~(4,~~-~-~~ 5 6. PROPOSED ZONE: ~ ~~ 7. INTENDED USE AND/OR REASON FOR REZONING: ~-L 8. REZONING CHECKLIST: a. map b• signatures °3 ~ eposit/advertising fee ($200) pplication form or letter •XNV 2 01989 Pt d~t~ ~/ ~/ ~~ a~~ ~~ ~ ~~ ~~~ ~c~~d ~e ~~-~ ~ ~ ~~' ~~~ ~~ w ~~ ~~,s~`~ 7~~ ~~ i 1791-1991 CITY OF KENAI ~-., "D~l G~a~CU~I a~ ~I~i~" __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Chairman Nault and Commission Members FROM: Janet Loper, Planning Specialist DATE: August 18, 1989 RE: Resolution PZ89-13: Rezone Gov't Lot 44, Sec. 34 to General Commercial (CG) - McGuire This item returns to you with a new resolution number because the developers have brought in a new proposal which changes the scope of the original request. The City Council tabled the ordinance pending review by you. Since the original Planning & Zoning resolution failed, a new resolution is in order. Mr. Tony Doyle brought in the attached material for submittal at the Council meeting. Mr. Doyle did not explain the new proposal in detail, merely requested the material be distributed. It is assumed that the new proposal will be discussed at this meeting. The proposal suggests that the 2.03 acre parcel owned by Mr. McGuire (Gov't Lot 44) be divided approximately in half with the north half being rezoned to the General Commercial designation and the south half become a part of a new subdivision to be combined with Tract A, St Patrick's S/D which is owned by Mr. Doyle. There is no preliminary plat for this proposal at this point in time. i .. ~; i ~otL ~ It YISIH7 ~ ~ Z~ ~ . I .oMl ar ~. T talc Fjj YUf~ a111\~ /~ I_-- RENN CITT LIMttt^ I ;~ ~ OH~MOO+'~ I . ini~ ~ ~ ~ O s` ~ I ~ ~ E ~ _, ~ a ~ i ( ~ a I ' i '`ate b ,...o~ ,.. •. % la _• I ~ 'o~ ,,,., l o ~ °n i O i'~ ~'Y+ i ~ s o o ^~~~~~~~~~~~~ O ~ 1f Ntlii o ~ 6 ~Y I X00 f ar. wSi J ~y r GE f + N7 YtMOHNtt11 ~ M • Oa b5 I~ 9 d7j~ 40~ ~•\c?st , ~ • I .. ; 3 ~' ~ I ~ it N7ArY E~ ' I GGG ~ ^014~130 ~ ~ . . 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II 1 !-j I / 1, 1 ~ l IL - __ ~ ~ - - "- -`------•-- I ~ -• I 1 i . a •!1 i~~ ~ _ • - ....___ , • -~._.._ .. .>: J~_~`..--..{- `I .I III ~ ... - ' II ~. III ` - - - - ~ ' ~ , -; ;,;~.o~` 1' i', (, -. I w; I~ I l~ ;:I ; 11 •11 ; , I II I;l OZ 61 I I~ ~ 91 LI II\. I I II h~I _ . I ,I I III c ~ ~ ~ ~ i I I f: ~! 1 i --- - _ _ _ _ . OJO'i0>'LN Ifl~ -- -- ~li I ~_ r'• ill ~: ~--~-~ I ;~ I +~ .-. _ I I ,., I 1 II ~ zl 1. KENAI PLANNING & ZONING COMMISSION July 26, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Add letter from the Kenai Peninsula Borough regarding proposed ordinance. MOTION: Commissioner Bryson moved approval of the amended agenda, seconded by Commissioner Walker VOTE: Approved by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 89-8: Rezone Govt. Lot 44, Section 34, from Suburban _ Residential (RS) to General Commercial (CG) - Maguire Planning Specialist Loper explained that four letters had been received from residents in the area since packet time-and they have been distributed to the Commissioners and asked that they be entered into the record. Chairman Nault so ordered. The Commission read through the letters. Chairman Nault opened the item for public discussion. Mr. Samuel Maguire came forward to present his petition. "I asked for the rezoning so that I could put a commercial building in there, which right now we're in a mall in Kenai, Magpies Trading Post. I'd like to rebut these letters. The first one from Richard and Laura Clark is a bit nebulous when across the Spur Highway is commercial and to the right side is commercial and access to my property would be by Spur Highway, not by Swires Street. Therefore, I wouldn't in any way be bothering their residential- area. Having commercial property that close to them, I assume they must be people living on Aliak. I would be no closer to them than Zubeck would and I really can't see why Mr. Zubeck would become a party to this seeing as when across Swires Road from me has an entire block of commercial property starting at Spur Highway and going well down, I don't know far his property goes but he's been in there commercial for years. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 2 And yet he's become a party to it also by one of these letters saying that there's plenty of commercial property along Spur Highway. Yes there is, but there's none within reason as far as I'm concerned. There's nothing that I can afford". "I've been in business here for years and I see my businesses going and I'm trying to help myself and Mr. Zubeck who's fairly well already got it going is opposed to it. I have no idea who Arlene Larson is, she's living on East Aliak and again my answer to her is the same thing. Access to my business will be Spur Highway. In fact, if I do go commercial on it I'll tear the two buildings that are there that are eyesores to them, I'll tear them down and remove them completely. The fourth one, Mr. Doyle, I can understand why Mr. Doyle is unhappy because the man I bought from had entered into a business proposition with him which fell through. And the only one that I can see that really has a legitimate complaint is Mr. Doyle because I will be going commercial on a property that I think he had hoped to enjoin. The paper work that I saw showed he put an awful lot of money into subdividing that into residential lots. Now that was with the previous owner,.that's not with me. And I have no desire to go into residential lots, I don't think anybody in the City of Kenai has a desire to go into residential lots at this time." "I'm asking that you use a little common sense here and realize that the only one that I see that has any real basis is Mr .. Doyle. The others, I don't think they have a reason to keep me from being able to put my business in there. As far as it not being business now, no that corner's not business or I wouldn't be asking for the rezoning. But across the street on Swires side, there's an awful lot of business and across the street from me on Spur Highway is an awful lot." Commissioner Brown: When you say across the street of Swires are you talking about Mr. Zubeck's property? Mr.Maguire: He's got, I would say many acres of property there that's commercial. I hope its commercial. I hope he's not using it in a commercial sense in a residential area. I don't know for fact that it is. But I believe it is. Planning Specialist Loper: Zubeck property is commercial. Mr. Maguire: See there's general commercial all the way around me except for Mr. Doyle's property which is on Swires Road just south of me. And he's a little upset with me because I won't buy his property. NOTE: Commissioner Glick joined the meeting at this point. Commissioner Bryson: From the zoning map that we have before us, it appears as though general commercial is existing across from you is across Swires Road and the north of you across the highway is rural residential. Mr. Maguire: Oh, I'm sorry, I misunderstood. Commissioner Bryson: Have you applied to the State of Alaska for an access off the Spur Highway? Mr. Maguire: There is access. I have access, there is a culvert and everything right there. Commissioner Bryson: Okay. I KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 3 didn't feel that they would give you access if they had Swires Drive there that you fronted on if you didn't already have access. Mr. Maguire: I'm not sure its asphalt, I'm not sure if any of them are asphalt, but there is an access from Spur Highway and that's what I intended to use, the northwest section and the rest of it I'll leave vacant. I would have been real happy to take any reasonable commercial property from where the boat sales is there all the way to town and up and down Kalifonsky Beach Road and the only thing I found that was any way near reasonable was one piece over on Kalifonsky Beach Road and that fell through. The bank took it over and the bank had much more on it than anybody could handle. I've been looking for over a year for commercial property and I just can't see the price they're asking for it. Yes, like Mr. Zubeck says, there is property for sale, but anybody that can pay $40,000 per acre ... its not me. Commissioner Bannock: How does this business qualify right now. Is there a business there right now? Planning Specialist Loper: There are two small buildings there now. Commissioner Bryson: A guide lived there last year. Mr. Maguire: Yes, he's living there again this year. I inherited him. These two buildings I intend.to tear down and building a good structure on the front side. I have the ability to build a substantial structure. Mr. Maguire: As far as adding traffic to the residential area there, no I wouldn't add any traffic because I'd be coming off the Spur Highway. And I've got a screen of trees behind me, they wouldn't even see me, I don't know if it would affect Mr. Doyle's property or not. Planning Specialist Loper: If I may, I think from the letters, what most of the residents there are worried about is general commercial in its broad sense is quick stops, 7-11's, gas stations, or any number of businesses. Mr. Maguire: Is there another commercial designation? Planning Specialist Loper: No. So what that means is you know what you want to put there, something low key, but once it goes commercial you can put anything you want there. You have a desire for one specific business, and that may not hold true forever. I think perhaps that is what they are worried about. Mr. Maguire: I don't think they're going to stop the development of the Spur Highway area once we recover our economy. Planning Specialist Loper: One of the things this Commission has been looking in developing the Comprehensive Plan is the Spur Highway corridor, how it should be developed, because when you move out and away from the. central business district you diversifying your commercial sector it spreads businesses and in some cases this is good, however, some advantages are lost. The thing this Commission can look at is the buffer strip you mentioned. There is a provision in the code that provides a buffer between commercial and residential neighborhoods as you mentioned. Mr. Maguire: I would be willing to save the south half of the two acres would remain vacant. I don't know how you could zone half of a lot one way and half the other. Planning Specialist Loper: Well you couldn't do KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 4 that and meet the criteria any way. The code specifically states that your lot must be one acre or more. Mr. Maguire: I intend, in the future, to put my own house in that rear section. Planning Specialist Loper: That you couldn't do. Once its rezoned to the commercial designation you could not build a building with a residential use. Mr. Maguire: Oh, this is something I didn't know and I had intended to do. So that would still be fine, we have a local house a couple blocks away. We had thought about incorporating all of it. I have another lot over there I could build on. Commissioner Walker: Where is your house from here. Mr. Maguire: I'm at 1308 Kaknu. Commissioner Walker: Is it adjacent to this property: Answer no. We're in the process of trying to pick up the space next to us as soon as the bank is through. Commissioner Bannock: Looking at this map, do we know where the other persons writing the letters live? Planning Specialist Loper went over the ownership of property comparing them to the writers of the letters with the Commissioners. Mr. Maguire: I wouldn't be a bit adverse to putting some kind of stipulation on the south half. I intend, and its the only way I can do it to get water and sewer on my property, to dedicate a piece across the back. There is a problem with water & sewer that Mr. Doyle doesn't recognize and its going to cost him a good chunk of money if I don't bring water and sewer across my property. The water and sewer was stubbed in for their subdivision and a dedicated road there. This is what I'm told. I do know that my property line is south of the water and sewer and I've been told by the people upstairs that if this isn't how it is an me coming straight off the end of the water across my property and then bringing water up into my property I've got to pay $2500 to have a manhole put in so that the sewer can be diverted 90 degrees to the way its running now. I intend to take 12' across the back of the property and dedicate that to bring the water & sewer in. I would like to do this with Mr. Doyle, but I'm going to do it in spite of him if I have to. If you rezone it the way I want it, then I'll bring the water & sewer in, if you don't, I'm going to back off. Chairman Nault called for further comments, there were none. The issue returns to the Commission. Commissioner Glick: In reviewing the packet, I looked up some of my old minutes from several years ago and it appears that this Commission, in the past, has rejected strip zoning and basically that's what we're doing is strip zoning if we start changing properties to commercial. From Swires to Princess there isn't any commercial properties with the exception of Doyles and that's been there for 30 years and he's grandfathered in when zoning was pnt in. In everything that you read about planning & zoning, to strip zoning is not good planning. Those sites on the other side of the road, that are commercial, are the same. Most of those were grandfathered because they had been there for several years. A lot of that land between there and Beaver Loop started out being residential then some of it, over the years was changed. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 5 I've known Mr. Maguire for along time and nothing against you, but looking back at everything I see is strip zoning is not a good idea. Especially when that whole area has been residential. I've talked to some of the people that live on ALiak, they probably didn't even get notices because you only send notices to people right around the area and most of them are saying we don't want any commercial business in this whole area. I guess I would have to be against it based on the fact that I don't like strip zoning. I don't think its good planning. And the second reason is that people in that area generally don't want to see commercial businesses. An example would be out in Thompson Park. Everyone thought that was residential until someone bought the property and built the quick stop. And there is a strip through there that several years was left in commercial. All those people though they were residential so I hate to see us doing strip zoning. Commissioner Bannock asked questions regarding the notices sent out. There were 12. This has come up in the past before and we've kind of let public response dictate to an extent and I thought we had talked to rezoning to a certain percentage of people had to be in agreement. Planning Specialist Loper: You had talked about it but there is no rule. Commissioner Bannock: We had a situation a few weeks ago that the only response was negative so it could be taken to say that the owners of the property either don't object or just didn't take the time to respond to it. But we did have four different people speaking out against it so I have to follow Carl for just a little bit and secondly, taking a look at the other map where it shows the different zones, I don't know that I want to be the one that starts doing the cutting in here, indenting there, a spot here and an acre there. Commissioner Brown: If this was denied would he be able to file for a conditional use permit where you could restrict the use? The Commission discussed this at length with no decision. Commissioner Bannock: From the letters, I don't think your neighbors have any real spite against Magpies Trading Post. I think, from the letters, you neighbors have a major hang up with it being turned into a commercial neighborhood, open for any kind of development that could ever want to happen. Commissioner Bannock: As an opinion, I really don't have a problem with either a home occupation or a conditional use. My only problem is changing zones. Commissioner Walker: I understand Mr. Glick's point of view on the strip zoning, however, I do not share the same opinion. To me, along the highway. is not an appropriate place to have residential zoning. You don't want children close to the highway. To me an appropriate place for a business is on the highway. It would be nice to have all our businesses right in town. I also understand the applicant's position that some of the commercial property is quite expensive. I would like to state that since there is commercial property around his, across the road and close, and perhaps if we put up some buffer zones and perhaps allow at least some KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 6 be discussing in our comprehensive plan. There should be some places up and down the highway that would be suitable for residential and some for commercial. Planning Specialist Loper referred the Commission to a section of the current approved Comprehensive Plan (1979) which stated that a large commercial shopping center was planned for the intersection of Beaver Loop Road and Spur Highway. Only an informational item. The Plan speaks to other development along the Spur Highway, mostly commercial but not really recommending . Commissioner Bryson: My basic concern is spreading out the general commercial areas whether its to be east or west. There is adequate commercial property and I believe the Plan gives an estimate of how much commercial property is available and during what period of time. The problem I see with this area is that it is developed as, a residential community which might not be the case further east beyond this immediate area. Commissioner Brown: I would think that there would be a problem with spreading out the commercial zone, for the type of business he's talking about, however, by rezoning it to general commercial you're never assured of what's going to be built there. However, I've been in a lot of cities where there is strip zoning along the highways as long as you provide some buffer between the commercial and residential. I believe it would be. appropriate as long as the owner didn't have a problem with the green strip on the south side of the property. MOTION: Commissioner Brown moved to approved PZ89-8, rezoning Govt Lot 44, Section 34 from RS to CG with the condition that the buffer zone no less than 30' wide be provided for along the south and west boundaries of the property, seconded by Commissioner Glick Commissioner Bannock: That's okay, and it will protect the neighbors but still that goes back to the general question. What are we going to do when another neighbor wants another lot zoned commercial two blocks away. That makes a patchwork. I suggested a long time ago, facetiously when we had so many gravel pit permits, why don't we turn the entire inner loop of Beaver Loop into a commercial zone to eliminate this, because about the only thing that was there were gravel pits. And if we start doing these pieces together, what about the people that really do want to live in there and really do like their residential neighborhood and its very possible we could box someone in on four sides with general commercial. If it is the Commission's desire to turn the corridor of the Spur Highway into general commercial that would be one thing but to do it one block at time or one lot at a time I think is a crime. Commissioner Bryson: I feel the inclusion of a buffer in the motion is inappropriate. I don't think that's in our authority to act on. MOTION AMENDMENT: KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 7 MOTION AMENDMENT: Commissioner Bryson moved to amend the motion by striking the reference to a buffer, seconded by Commissioner Glick Commissioner Bannock: Why don't you think it's appropriate. Commissioner Bryson: I think its mainly from the legal standpoint, we don't have that flexibility. We either approve a rezoning or we don't. Any buffer would have to be addressed through the platting procedure or any other means or legal document. Commissioner Glick: How was a buffer done in other situations? Chairman Nault: Those were conditional uses I think. Commission Glick: Not the parcel over by Mega. There was supposed to be a buffer between them and the apartment and there never was one. Commissioner Bryson: That was City property and the City was subdividing it and probably on the deed itself. VOTE AMENDMENT: Chairman Nault - yes Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - no Commissioner Walker - no Commissioner Glick - no Tie vote fails VOTE MAIN MOTION: Commissioner Bryson - no Commissioner Bannock - no Commissioner Brown - yes Commissioner Glick - no Commissioner Walker - yes Chairman Nault - no Motion Fails b. Resolution PZ89-9: Encroachment Permit for Setback Violation - Lot 1, Block 3, Sunaate Park S/D - Rhyner Chairman Nault opened the item for public comments. There were none, Mr. Rhyner was not present to speak. MOTION: Commissioner Glick moved to postpone, no second MOTION: Commissioner Bryson moved to postpone this item and extend the public hearing to the next meeting, seconded by Commissioner Glick Commissioner Bryson: My motion was only because the petitioner is not present, however, I have opened for any action. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 8 The Commission had failed his request for variance based, in part, on an existing encroachment. I would ask that, in view of the previous discussions, the Commission move forward with action on this permit. Commissioner Glick: Even if we approve this, then if he wanted to build the garage, he would still have to go back and get the variance. The Commission agreed. Commissioner Bryson: He's just trying to get his original building clear. Commissioner Walker: The way I was reading the zoning codes, we cannot issue an encroachment permit within a state ROW. Planning Specialist Loper: His encroachment is not within the ROW but rather within a setback. His request was to build right up to the lot line which is the Spur Highway ROW. Commissioner Walker: Can he build right up to the lot line without any setback? Commissioner Bryson: The interpretation is that the ..highway itself represents a front to the property, this being a corner lot. Given the magnitude of the state ROW I have some difficulty in treating this as a corner lot. The property line is 75' from centerline? Commissioner Brown: Its 200' ROW there isn't it? Commissioner Bryson: Plus the 17' to his building. I have no problem addressing this right now, but it appears that if we are prepared to reject it without his comments than I think he should be here. Particularly since there was no quorum at the last meeting. Planning Specialist Loper: I feel that this is very necessary, whether or not he goes ahead because right now he has a cloud on the title. Commissioner Bannock: Right,. regardless of whether or not we do anything about his garage, this is not about the garage, this is one of the things we talked about that he needs to do anyway. Its either this or make him tear the house down. Commissioner Glick: Or turn it back into a garage. Commissioner Walker: Right. Because this is a cloud on the title created either by this owner or the previous owners. This is not a problem when they built there, it was created when someone changed the use of that area of the house. Commissioner Bannock: I'll take his word for it it wasn't him because he said he bought the house that way. Commissioner Bryson: Did he indicate it was a carport before? Commissioner Glick: No it was a garage. Commissioner Bryson: So it always was the same situation. Chairman Nault: It was a garage and used as a garage and not a violation, but now the use has changed and its a violation. Commissioner Bannock: Right. Commissioner Bryson: Is that Howard's interpretation? Answer yes. According to his memo. Commissioner Glick: Because there are structural changes, took out the garage door, walled it in, put a wooden floor in, insulation, etc. Planning Specialist Loper: You could say change of use, but there definitely are structural changes. Commissioner Bannock: But its not where the building is at. He could park his caravan inside his den and be legal. I have absolutely zero problem with this one. I don't want to be the one to tell him to take his den apart. I'm for this one so he can consider doing his other one. MOTION WITHDRAWAL: Commissioner Bryson, with consent of second withdrew the motion to postpone. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 9 VOTE: Motion withdrawn unanimously MOTION: Commissioner Bannock moved approval of PZ89-9, request for encroachment permit, seconded by Commissioner Brown VOTE: Motion passed Commissioner Bannock - yes Commissioner Brown - yes Commissioner Glick - yes Commissioner Walker - no Chairman Nault - no Commissioner Bryson - yes Chairman Nault moved item 7-b to this point due to applicant being in attendance. NEXT ITEM OUT OF ORDER b. Home Occupation Permit: 202 Sterling Court, Lisa's Hair Design - Lisa Borchgrevink Planning Specialist Loper: A beauty parlour is specifically mentioned int the Zoning Code section for Home Occupations as permitted uses. All backup data is in the packet. This applicant appears to meet all criteria. MOTION: Commissioner Walker moved for approval, seconded by Commissioner Bannock VOTE: VOTE: Motion passed with unanimous consent Chairman Nault noted the location - Central Heights which are small lots very close together. Commissioner Bryson: In the event that neighbors have a concern can they come back to the City for review? Answer yes. The permitting process ensures both the applicant and the surrounding community recourse. Chairman Nault: It would make me more comfortable if this could be limited: Commissioner Bannock: Does anyone else live in your house? Answer yes. Commissioner Bannock: Do they cut hair too? Answer no. I would be the sole employee. Commissioner Walker: I would say that we stay within the laws that are already designated for this sort of thing. Commissioner Bryson: Perhaps we could ask the applicant if she's willing to add verbally, for the record that she have a single station. Planning Specialist Loper: Is that something you would agree to? Answer yes. Motion passed with unanimous consent KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 10 Continue with order of Agenda 5. APPROVAL OF MINUTES of June 28, 1989 Minutes were approved as submitted. 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation Permit: 130 Sprucewood Street Apt. #4, Applause Unlimited - Kilbourn Planning Specialist Loper: This is something I really would like you to discuss with the applicant. The Commission agreed. MOTION: Commissioner Bryson moved to postpone to the next meeting, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 8. PLANNING a. Letter from Borough - Borough Com rehensive Plan No action necessary on this item. b. Letter from Borough - Comments Regarding a Proposed Ordinance This letter was hand delivered by the Borough Planning Director shortly before the meeting. While the proposed ordinance does not affect municipalities, the Borough is looking for comments, questions, and/or concerns. The Commission was asked to take some time and review the document and bring it to the next meeting with any suggestions. Commissioner Bryson reported that an application from Marathon regarding a dumping facility was the forerunner. THe application was withdrawn due to public comments. They are effecting the landfill situation. A committee was formed made up of Assembly and Planning Commissioners to address and respond to the people who were demanding some sort of ordinance to cover this. My opinion is that it has a tremendous uphill .... either in the form proposed or any modification of it, it has a tremendous uphill fight to be adopted. However, its answering the comments of the people. Commissioner Brown: They say that conditional use permits should be required for industrial .. would that only be new ones that go in? Commissioner Bryson: There is a "grandfathering" period or proposal for KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 11 at a later date. 9. REPORTS a. City Council Councilman Smalley not in attendance b. Borough Planning Commissioner Bryson reported on two items of interest; a discharge permit for Tyonek for a sewer system outfall and application from the Borough to place fill in wetlands specifically for river problems in Seward. Commissioner Bannock asked where the Princess Tours temporary water permit was requested for, answer Cooper Landing. c. City Administration Planning Specialist Loper reported on Council actions regarding the appeal by Mr. & Mrs. Riddles for conditional use permit. Verbatim minutes of that Council meeting were given to the Commission previously. Commissioner Bannock: Why were the Thayers involved in this. In reading these minutes I am confused. Planning Specialist Loper explained that the Thayers were there to support the charter service and opposing the RV parka Commissioner Bannock: The Council didn't really sit as a Board of Adjustment, they just gave it back to us. Planning Specialist Loper explained that the Council appeared to be asking the Commission to consider other avenues. Donna Riddle: It seemed to me that there was a lot of approval there for the charter service but not the RV's. Chairman Nault: I agree. The City has spent a lot of time in addressing problems with trailers and this new ordinance. Donna Riddle: Oh, I understand that and I agree. That's one of the reasons we're requesting just the charter service. Commissioner Walker asked why it was returning. Planning Specialist Loper: I believe it's because it was denied here and perhaps there is another avenue open. Commissioner Bannock: I'll bet we could because the City Council didn't turn it down, they just sent it back to us to redo it. They just said work it out: I think what the Mayor is saying is that obviously there is confusion over what Planning & Zoning turned down and what the Riddles are willing to settle for so push it back to Planning & Zoning and let them redo it. Planning Specialist Loper: If that is what you want, we'll do it. We'll take that conditional use permit, put right at the top "amended", and have it read for a charter service only. And since it is at your request we can do it without charging them the $100 again. MOTION: Commissioner Bannock moved to bring back the Riddles' original permit amended for reconsideration, seconded by Commissioner Glick KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 12 VOTE: Discussion followed regarding a motion to reconsider or a new motion at the next meeting. There was considerable confusion in determining the intent of Council and procedures. Motion passes Commissioner Glick - yes Commissioner Walker - no Chairman Nault - no Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - yes Commissioner Walker: The reason I voted against this is-can we bring it back and can we amend it or is it to be amended by the applicant before the permit. Planning Specialist Loper: You will receive it in an amended form. Commissioner Walker: The reason I voted against it was because we were going to bring it back and amend it. Commissioner Bannock: No. That's not it. My motion stated an amended permit. Commissioner Brown: What we'll have before us at the next meeting is a conditional use permit for a guide service only. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No comments 12. COMMISSION COMMENTS AND QUESTIONS Commissioner Bryson stated that there was a minor traffic problem down at the spit Saturday. First Kenai's grid lock. There were cars parked on both sides for .3 of a mile then a guide tried to go through. Commissioner Brown: That property that is next to Mega Foods, is that City property? The reason I ask is, perhaps this is more for the Chamber, I noticed that Soldotna had their RV park set up on the Carrs property and it seemed like a nice idea. Planning Specialist Loper: I'm not sure. Commissioner Brown: I was just thinking that perhaps Kenai could do that with an vacant lands. Planning Specialist Loper: I can check on it for you. Commissioner Walker noted for the record that the particular buoy that has been discussed as being a hazard is gone. It is a lot safer without it. Chairman Nault: I was talking with some folks over the weekend who noted that that buoy is gone. Commissioner Walker stated that he wondered if this past weeks' activities might spawn something regarding that buoy. The Commission directed that a letter to be directed to the Borough KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 13 expressing appreciation for the mapping and lists for the buoy placement. 13. ADJOURNMENT There being no further business, Chairman Nault adjourned the meeting and commenced the work session. Janet A. Loper Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION August 9, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-6 Amended: Conditional Use Permit for Charter Service - Lot 29, Anglers Acres - Riddles This item returns at the request of the Commission in an amended form. The original application had requested three businesses; an RV park, bed & breakfast, and charter service. The amended application requests only the charter service. Chairman Nault opened the item for public comments. Donna Riddle came forward to present the item explaining the business from previous meetings. One letter was introduced which stated that no business should be allowed unless it is operated in a permanent structure "that will not cause a picnic ground, camp trailer type atmosphere." There is a house and a storage shed on the property. Chairman Nault asked if the house were used as a residence or for the charter service. Mrs. Riddles answered that it is a residence or both. "I can't promise that it will never be used for the charter service but the only thing we would do at the house is check clients in and out. At the moment we would use the shed for that." Mrs. Riddle indicated that there was a letter in the packet from Mr. Rainey who was opposed to the original application, and had now withdrawn his opposition based on the removal of the RV's. Chairman Nault: Is this going to involve putting in a dock or tie up. Donna Riddle: I would love to if I could get you to say yes but at the moment we have no plans. Chairman Nault: I think you would have to take that up with the Corps of Engineers. Would this involve putting boats in or taking boats out. Donna Riddle: We wouldn't be putting boats in, they would be there already. We put the boats in once a year and leave then KENAI PLANNING & ZONING COMMISSION August 9, 1989 2 there which is what we do now with our private boat. It would be a matter of boarding the people there. We have no intention of moving Fish Hawk Charters to our building, that is too many people on a quiet lot. What we would like is, during silver season when the charter building in town is closed down, we would use the lot. Chairman Nault: So this would involve clients coming to the lot, parking on the lot, and boarding boats and fishing for the day and getting back in their vehicles and driving away... Answer yes. Chairman Nault: Haw many cars and how many clients? Donna Riddle: We run one boat so four cars max. Chairman Nault: Is there room on the lot for conceivably twelve people? Answer yes, with no parking on the road. There really is no way a large charter service could operate on that bank. We have no desire to do that. Commissioner Brown: You would have no problem with the permit being conditional on having a maximum of three boats? Answer no problem. Chairman Nault closed the public hearing and brought the item back to the Commission, MOTION: -- Commissioner Bryson moved (recommending) approval of PZ89-6 Amended, seconded by Commissioner Bannock. Chairman Nault: Are there no limitation of number of boats? The resolution is simply for the-charter service. MOTION AMENDMENT: Commissioner Glick moved to amend the main motion by adding the statement, not more than three charter boats to work from this location at any one time, seconded by Commissioner Brown Commissioner Glick: That is consistent with what we've done in the past and you were agreeable is that correct? Answer yes. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Motion passed unanimously by roll call vote b. Resolution PZ89-10: Conditional Use Permit for Charter Service - Lot 26, Ancrlers Acres - Thayer Chairman Nault opened the item to public hearing. Photographs were handed out to the Commission along with a drawing of the proposed floor plan for the bed & breakfast and two letters from neighbors. Commissioner Bannock asked if the drawing were for an existing structure. KENAI PLANNING & ZONING COMMISSION August 9, 1989 3 Mr. Thayer: No. There are existing structures as you can see from the pictures. There is a storage shed, covered patio for the patio and fire place, a fish smoker, and all are easily moved. There are two Airstream trailers and one pickup type camper. The first Airstream has been there about l0 years. I could have them out of there in a day. I guided the river for five years and quit because of the demands of my job. I will be changing jobs in two to three years and at that time I intend to build the structure. Chairman Nault: Isn't there a provision in the code regarding expiration of a permit if it isn't used. Answer yes. Mr. Thayer: "I'll be the first to admit that we have lots of guests at the lot. When it comes time to go back into business again, that comes to an end. Paying customers and guests do not mix. The conditions that the neighbors mention do exist. However, I don't think there's anything in there that says that they encroach on the other properties and I'm pretty careful to tell them where the boundaries are. We run Thayer Recreation and its river charters in other areas. The Tesoro Oil Company started fishing with me in 1978. When I quit guiding, they wanted to continued to keep coming to the lot for two weekends each year and we serve them a family style meal, they drive their own rented campers down from Anchorage and we take care of their fish because we have a freezer there. They hire other guides that either pick them up at the lot or drive up to Poachers Cove for guides. I've done that every year since I've .quit guiding,. but I've not had those people in the boat. I'm not registered to guide but I have kept my Coast Guard registration. Commissioner Bannock: What immediate effects is this permit going to be used for. Are you wanting to go back into the charter service immediately? Obviously the bed & breakfast isn't going to happen for a couple years. Mr. Thayer: That's true. Commissioner Bannock: How about the charter service, when is that going to happen. Mr. Thayer: It could happen on a limited basis before I retire, but I would not foresee that happening for two years. Commissioner Bannock: Why are you asking for this permit now. Mr. Thayer: It will allow me to plan for what I'm going to do when I'm ready. Without the permit and knowing I can do it. Commissioner Bannock: You mentioned that there is a trailer there. With the Riddles the trailers were a major issue. Can you give us a brief history and your plan for the trailers, are they going to live there forever. Mr. Thayer: I would like to keep the trailers there until the permanent structure is built which gives me a place to live as I work on the structure. Commissioner Bannock: Do you take these trailers home in the fall? Answer no. Commissioner Bannock: How long have they been there. Answer: one for 10 years, the other two for six or seven years. Commissioner Bannock: You want to keep one or two of them until you build the house? Answer yes. Commissioner Bannock: Is there going to be anything else built in regards to the charter service or are there plans for that in this floor plan? Mr. Thayer: I don't plan on any other structures. There is a storage shed and a covered patio I would like to keep. The trailers would go as the built became habitable. KENAI PLANNING & ZONING COMMISSION August 9, 1989 4 Councilman Smalley: Did I hear you say the trailer houses are not going to be used for the business at all. Answer no, and they have not been since I quit guiding. Commissioner Brown: So you would not operate a bed & breakfast until you build the structure. Answer yes. Mr. Thayer: One letter mentioned sewage, we have rented a Porta Potty every year since 1978. Commissioner Bryson: Do you have a well? Answer yes. Commissioner Bryson: How about gray water disposal? Answer: Only the Porta Potty. Councilman Smalley: Could something like this be conditioned upon something like the business would not be allowed to operate until the structure is completed. Mr. Thayer: I would agree to that. Councilman Smalley: He has a year and he could come back and request an extension. And that would seem to answer to the concerns of those that are there according to the letters. Chairman Nault: I agree. The opposition seems to be operating out of the trailers and temporary structures. Mr. Thayer: That's what I see in both letters and there is some concern about running a business and having guests at the same time. And I agree, we did it before. Commissioner Glick: We've approved charter services and bed & breakfasts and in all those cases the structures were already in place and the businesses running. Discussion followed regarding the expiration of the permit. Commissioner Bannock: I still have a problem with the trailers. From all the heat that we've received on that street, there's a common denominator and that's trailers. I would want to encourage Mr. Thayer to, as quickly as possible remove them. I have no problem with his bed & breakfast and charter service. But I am concerned about the time period and the time we're going to have those sitting around. That's what his neighbors are complaining about. Chairman Nault: I think they're complaining about him operating a business out of those trailers. Commissioner Bannock: Because they're confused about that just as they were probably confused about the Riddles when they thought they were going to put in a fifty unit trailers park. Chairman Nault: Unless I'm wrong, the issue about the Riddles was that they were intending to operate the bed & breakfast out of those trailers and that was the objection and the problem with the code. Commissioner Bannock: I think the Simpsons made a valid point in their letter regarding the trailers. I really don't know if issuing a permit at this time is appropriate. I like the idea of the amendment that no business be conducted until there is a structure but I don't know that that solves my problem. If we were to pretend the trailers weren't there and Mr. Thayer had just purchased his lot and was going to build his structure however he wanted to do it within a year and begin his business, than that would be easy. KENAI PLANNING & ZONING COMMISSION August 9, 1989 5 Councilman Smalley: It still is tied in with the building permit because he can't move in and live in a structure until the certificate of occupancy is issued. Commissioner Bannock: Except we aren't issuing a bed & breakfast for this facility, we're issuing it for the lot. That means I can drive my Winnebego down there and if I have a permit I can run the business out of it. MOTION: Commissioner Bryson moved to approve the proposed application for a bed & breakfast and charter service including the following conditions and stipulations: 1. the bed & breakfast be operated in conformance with the appropriate code, 2. that the charter service be operated with three boats maximum, 3. the non-conforming trailers be removed from the property and my interpretation is that two of the three as one can be used during construction of the structure, 4, and the bed & breakfast not be operated until the certificate of occupancy is issued seconded by Commissioner Glick VOTE: Commissioner Bannock: I think the first one regarding the city code is standard and probably doesn't need to be included as a condition. Commissioner Bryson: Is there a bed & breakfast ordinance? Answer yes. I would request that the first item be withdrawn. Commissioner Glick agreed. Commissioner Bryson asked Mr. Thayer to comment on those conditions. Mr. Thayer asked if removal of the trailers is to be immediate. Commissioner Bryson: I would assume it would be when this goes into effect and that would be within the year. Councilman Smalley: By next fishing season I would imagine because that is where you take you most heat from your neighbors. You know trailer houses can be very nice but they're still. trailer houses. Mr. Thayer: Those trailer houses are fairly well screened from the neighbors and you cannot see them from Angler Drive. Before you couldn't see them from the river, but the trees are thinning. I'm satisfied by those conditions. Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of July 26, 1989 There were pages missing from the minutes - they will return at the next meeting. KENAI PLANNING & ZONING COMMISSION August 9, 1989 6 6. OLD BUSINESS a. Home Occupation Permit: 130 Sprucewood Rd., Apt #4, Applause Unlimited - Kilbourn The applicants have made no response to the letter sent out informing them of the postponement. It is unknown whether they are still in the area and if the business is continuing. The Commission discussed the item at length and had many questions. MOTION: Commissioner Bryson moved approval of the application, seconded by Commissioner Bannock. VOTE: Chairman Nault - no Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - yes Commissioner Glick - no Motion passes 7. NEW BUSINESS a. Letter from Mayor Williams Regarding Utility Easements Councilman Smalley informed the Commission that Mayor Williams is asking the Commission to set a policy regarding utility easements. It is an attempt to make Homer Electric aware that we're not just going to give freebie easements away. Commissioner Bryson: There's been an attempt for a very long time to get HEA to designate where they're putting utilities and the vehicle for that was the application which they declined to do. Twenty years later it becomes your utility is in the way of what we want to do now and its not where you said it would be. Commissioner Bryson: Has the public works proposed locations? Councilman Smalley: I can't answer that because the Mayor basically just introduced this at the last meeting, however I know that he and Mr. Kornelis have worked on this. But that really isn't a policy and that's what he wants is a policy. Commissioner Bannock: What is the situation right now and what will the policy change. Councilman Smalley: Right now there are a lot of utilities that need to be relocated because, as Phil suggested they are helter skelter, there's no permitting process that they've used. What's happening is the City and Homer Electric have gone into legal negotiations to cover costs of relocation of utilities and right now the City has won the suit so far. Chairman Nault: So how did the utilities get where they are. KENAI PLANNING & ZONING COMMISSION August 9, 1989 Commissioner Bryson: Kusco used to try to work with the City, the City had a format that they were using and Kusco was willing to work within it. HEA has never really acknowledged that they are limited. In the old days if the trees were cleared here that's where they would go and they might be close to the property line or they might be on the side. Planning Specialist Loper: The telephone gave the City a book of where their lines are located. Commissioner Bannock: So they are looking for a policy that would say the City wants the lines, say 10' from-the curb within an easement, is that the idea? Chairman Nault: Or if they aren't where they should be we want them moved? Councilman Smalley: I think more along the lines of costs that are incurred. Councilman Smalley suggested that Administration could research other agreements that other communities have. Commissioner Bryson: I would like staff to contact Anchorage and Mat-Su and a few more incorporated cities to see what they are doing. We couldn't do anything tonight anyway. 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported on the paving of some areas which are having some problems, and the proposal for the State Recorders Office to be located in Kenai. b. Borough Planning Commissioner Bryson reported on Borough discussion regarding solid waste. The request by Tyonek for dumping sewage in the Cook Inlet was denied, however the state approved it. c. City Administration There is an information item in your packet regarding Anglers Acres - a portion of a larger plat was filed for this area. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a• City Council Agenda - August 2, 1989 b. Borough Planning Agenda - August 7, 1989 KENAI PLANNING & ZONING COMMISSION August 9, 1989 8 12. COMMISSION COMMENTS & QUESTIONS Commissioner Brown asked if the secretary could prepare a map similar to the map drafted for the Borough on buoy placement for permits issued in the Anglers Acres area. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:32 P.M. The Commission commenced the work session on the Comp Plan and proposed Recreation Zone immediately following. Janet A. Loper Planning Specialist Secretary to the Commission KENAI CITY COUNCIL August 16, 1989 Page 4 2. Ordinance 1332-89: Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 MOTION: Councilwoman O'Reilly moved for adoption of Ordinance 1332-89, seconded by Councilwoman Swarner. Vice Mayor Measles called for comments from the public, there were none. VOTE: Motion passed unanimously by roll call vote 3. Ordinance 1333-89: Amend Zonina Map - Govt Lot 44, Sec 34 - Maguire MOTION: Councilwoman Monfor moved for adoption of Ordinance 1333-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public. Samuel Maguire: We made the request-to have the change there. We live at 1308 Kaknu in Kenai. We have a business here in Kenai that we would like to locate on this lot. The Zoning and Planning Commission, quite thoroughly went through it and I appreciate the time that they spent, about a good hour, but my end consideration was that there were some people on there that, well two didn't give a reason why they voted against it, two of them were against it because they were against strip zoning. And seeings as it is the Spur Highway there, 55 mph speed limit, I don't feel that that is the best situation there to have that a residential lot and expect people to raise children that close to the highway. It doesn't give you a buffer zone to the highway, and~the next thing we know ... even with the school there at the present time its still 55 mph but its going to have to come down there if somebody starts building there residentially. I think, I feel that if Kenai is going to grow its going to have to grow along the highway and not be in malls off the highway, in my opinion. The only thing we want to put there is a single business. I don't want to encumber it with a bunch of restrictions, but I do not plan to use a gross portion of it. Currently there were four complaints against the zoning of it that the commission looked at. Mr. Doyle was one of them, but we have talked since and we've come up with a little different plan. The Zoning Commission didn't feel they had the right to do anything accept recommend that you approve or disapprove the whole plat going to a general commercial condition. We've come up presently with a little different idea and Mr. Doyle will speak on that. We're on total agreement on how we'll work it out and we'd like to present it to you. I would still like to be able to put my business over there. We do have commercial property across Swires, across the street from me is a church, and as you go then towards Soldotna its commercial businesses. We are not jumping in the middle of a residential area, we are on the border and I feel that within the next 10 to 15 years, and we're not planning on leaving here, that all of this KENAI CITY COUNCIL August 16, 1989 Page 5 area is going to have to go commercial if we're going to grow. I'd appreciate it if you'd look at it from the fact that we're not doing it for tomorrow or next year, we're doing this for the next 20 years. I don't see how we're going to get by without strip zoning unless we really want to get confused. I don't feel that any of the Kenai Spur Highway should be a place where you raise kids . The next thing you know we' 11 have 10 or 15 miles through here that's 25 mph speed limit because we have to have that to have safety. City Manager Brighton: You talked in terms of altering your original request. Are you making reference to those that came in to City Hall today? Answer yes. City Manager Brighton: I want you to be aware that the Council is not aware of that change. Those things to be in this packet should have been in here on Friday. And at the same time, neither has the Planning & Zoning seen that alteration. Mr. Maguire: If nothing else, I think I'd ask that it be sent back to Zoning to reconsider ours and the altered form. City Manager Brighton: I think that is appropriate action at this point on this particular situation. Let Planning & Zoning take a look at your alterations and changes and see if that might not meet their criteria. Mr. Maguire: One of the complaints was that by us going in there we were going to increase traffic in the area. This is not true because our access is directly off the .Spur Highway. We're going to help the area in taking a couple old buildings that have been there down. Councilwoman O'Reilly: I think it's a good idea, I'd like to hear the new proposal. Mr. Maguire: I think Mr. Doyle is willing to present it tonight. Vice Mayor Measles: I think it would be more appropriate to present it to Planning & Zoning first and come back the normal route. Mr. Maguire: Then we'll hear back in 30 days? City Manager Brighton: Janet Loper has all the information. MOTION: Councilwoman Monfor moved that Council table this ordinance until we have a recommendation from Planning & Zoning and it returns to us again, seconded by Councilwoman Swarner. VOTE: Motion passed by unanimous consent 4. REsolution 89-59: Transfer of Funds - Susieana Lane Paving - $2,820 MOTION: Councilwoman Monfor moved for approval of Resolution 89-59, seconded by ~-~ TO DO LIST August 16, 1989 KENAI CITY COUNCIL 1.,'~ J. Loper- Ord. 1333-89, Maguire, Amend Zoning Map - t agenda for 8-23. 2. C. Brown - Letter to RDC requesting explanation for Nov. to Nov. billing 3. J. Ruotsala - Schedule Council, Legislators, Lobbyist meeting after Oct. election. 4. J. Ruotsala - Schedule EMT meeting with Dr. Hansen, Fire Dept. after Oct. election. _ jr Q~ AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 0.G~o,~~--~. Board of Adjustment - Rhyner - Denial of Variance - Sungate Park S/D 4. Agenda Approval 5. Consent Agenda - *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) -- C. PUBLIC HEARINGS u,~5 ~~. Ordinance 1331-89 - a) Increase Rev/Appns - Council on Aging, Title III - $1,073; b) Decrease Rev/Appns - Sr. Employment Fund - $4,846; c) Decrease Rev/Appns - Borough Sr. Citizen Fund - $18,003; d) Increase Rev/Appns - Sr. Day Care - $4,788 ~aSS ----~. Ordinance 1332-89 - Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 ~~ 2 -3. Ordinance 1333-89 - Amend Zoning Map - Govt. Lot ~'~° 44, Section 34 - Maguire a,s 5 -4-. Resolution 89-59 - Transfer of Funds - Susieana Lane Pavi g - $2,820 ~ '~--~~ C~ctas~ C-~p ~jp0.S5 ~--'7 C~ASSJ-' }~-~r for ~' D. COMMISSION/COMMITTEE REPORTS ~ 1. Council on Aging ~. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, August 2,.1989 F. CORRESPONDENCE 1. *Sen. Stevens - Attend "Oiled Mayors" Meeting 2. *F. Fuhr - Letter of Thanks ,~ o ~ d ~-3~. Anch. Assemblyman Dyson - Oil Spill Response a-G~ Policy G. OLD BUSINESS H. NEW BUSINESS ~ ~ ~S -~. Bills to be Paid, ,Bills to be Ratified ~~ -~ Requisitions Exceeding $1,000 3. *Ordinance 1334-89 - Increase Rev/Appns - State Grants, Library - $17,000 ~ a~ 5--~. Ordinance 1335-89 - Increase Rev/Appns - Rent and Moving Expenses - Kenai Recorders Office - $13,500 ~ ass ._ ~,,, public Hearing - Ord. 1335-89 . ~asS - b. Ratification of Proposal .5.. ~'°`~ ~ Ordinance 1336-89 - Increase Rev/Appns - Transfer Sand from Landfill - $50, 000 a. Public Hearing - Ord. 1336-89 b. Discussion - Transfer of Sand Stockpile at Kenai Landfill 6. *Ordinance 1337-89 - Increase Rev/Appns - Payment of Adjustment and Legal Fees from Lawsuit - $6,604 aSS --~: Discussion - Conflict of Interest Statement - Amendment I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI PENINSULA BOROUGH MEETING OF THE PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA • 7:30 P.M. AUGUST 21, 1989 TENTATIVE AGENDA . AGENDA ITEM A. CALL TO ORDER AGENDA ITEM B. APPROVAL OF REGULAR MEETING AGENDA AND ADOPTION OF CONSENT AGENDA Consent Agenda _ 1: Other Considerations a) Time Extensions 1) DeGarmo Unit 2 KPB File 88-074 2) Neptune KPB File 88-092 3) Foothills KPB File 86-328) 4) Moonshadow Recommendation: Grant Time Extensions 2. Plats Granted Administrative Approval and/or Abbreviated Plats Approved under 20.04.070 a) W.R. Benson No. Four KPB File 89-057 b) Kasilof Alaska S/D 1989 Subd. "" of Lot 3, Block 1 KPB File 89-060 c) Seabreeze No. 2 KPB File 89-051 3. Permits and Applications a) Kenai River 246; Yeasel AK89-0804-O1A Installation of Floating Dock b) Halibut Cover 12 AK89-0810-04A Installation of pile supported structure 4. Informational Items a) Kenai River 240 Consistency Finding & Extension b) Resurrection Bay 53; KPB Conclusive Consistency Determination AGENDA ITEM C. COMMISSIONERS 1. Excused Absences 2. Election of Officers AGENDA ITEM D. APPROVAL OF MINUTES 1. August 7, 1989 AGENDA ITEM E. PUBLIC PRESENTATIONS WITH PRIOR NOTICE AGENDA ITEM F. PUBLIC HEARINGS 1. Vacate portion of section line easement within Lot 13, Block 4, Ka silof Alaska Subdivision, Sec. 36, T4N, R12W S.M., AK AGENDA ITEM G. SPECIAL CONSIDERATIONS 1. Planning Commission Resolu tion 8.9-26; Granting a Plat Waiver for certain lands within Section 32, Townshi p 8 North, Range 11 West, Seward Meri dian, Alaska KPB File 89-87; (Sanders, Norman) AGENDA ITEM H. CONSIDERATION OF PLATS Soldotna City 1. Soldotna Airport Lease Preliminary Lot S/D No. 2 McLane & Assoc. KPB File 89-072 Happy Valley 2. Happy Valley Vista Too Preliminary KPB File 89-082 Ability Surveys Nikolaevsk Rd. 3. Nikolaevsk Village No. 11 Preliminary KPB File 89-083 Ability Surveys Stariski Creek 4. Keeler Tracts No. Four Preliminary area KPB File 89-084 Ability Surveys Happy Valley 5.. Perry-Veater Tracts Preliminary KPB File 89-085 Ability Surveys Kasilof River 6. Ramsell Tracts Replat Preliminary KPB File 89-086 H. Johnson Svy. Soldotna 7. Mooring Estates Part Final Nineteen, KPB 88-121 McLane & Assoc. AGENDA ITEM I. PROPOSED PERMIT SYSTEM FOR CONDITIONAL LAND USES AGENDA ITEM J. PERMITS AND APPLICATIONS AGENDA ITEM K. INFORMATIONAL ITEMS AGENDA ITEM L. PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE AGENDA ITEM M. DIRECTOR'S COMMENTS AGENDA ITEM N. COMMISSIONER COMMENTS AGENDA ITEM 0. ADJOURNMENT