HomeMy WebLinkAbout1989-11-08 P&Z PacketKE NA = PLANN = NG ~ Z O N= NG COMM S S S 2 0 N
November 8, 1989 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Vice Chair Presiding
AGENDA
1. ROLL CALL
a. Welcome New Members - Art McComsey and Art Graveley
b. Election of Chairman
2. APPROVAL OF AGENDA
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Sylvia Spearow, Borough Planner - Borough Comprehensive Plan
4. PUBLIC HEARINGS
a. Resolution 89-16: Amendement of Kenai Municipal Code by Adding
Section 14.20.145 - Recreation (R) Zone
5. APPROVAL OF MINUTES of October 25, 1989
6. OLD BUSINESS
7. NEW BUSINESS
a. Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD
b. Proposed Resolution to Assume Powers of Amending Land Use Plan
c. Corps of Engineers Application for Placement of Buoy in Kenai River -
Cook Inlet Processing
8. PLANNING
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD
Planning & Zoning Commission
November 8, 1989
Page 2
11. INFORMATION ITEMS
a. City Council Agenda - November 1, 1989
b. Borough Planning Agenda - November 6, 1989
c. Article from Computerland Magazine
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
1791-1991
CITY OF KENAI
__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Vice Chairman Bryson and Planning Commissioners
FROM: Janet Loper, Planning Specialist
DATE: November 3, 1989
RE: Citizen Poll Responses
REM =NDE R
PLEASE BE SURE TO BRING YOUR CITIZEN RESPONSES OR A LIST OF THE 10 MOST IMPORTANT
QUESTIONS YOU WANT SENT TO THE PUBLIC FOR THE OPINION POLL TO GO OUT THIS MONTH.
Kenai Planning & Zoning Commission
RESOLUTION PZ89-16
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING AMENDMENT TO THE KENAI MUNICIPAL ZONING CODE, 14.20.145 BY THE
ADDITION OF THE RECREATION (R) ZONE.
WHEREAS, through previous contacts with the public over the years concerning
several matters regarding diverse uses of property, and
WHEREAS, through these previous contacts, have identified a need fora zone which
addresses the unique topographical category of some lands within the City, and
WHEREAS, the Planning & Zoning Commission feels that it is in the best interest
of the City, both private and public property owners to have this new zoning
designation,
WHEREAS, the Planning & Zoning Commission has held a public hearing on the
proposed amendment on October 25, 1989 and as a result of this public hearing,
recommend the Kenai City Council make the appropriate amendments to the Kenai
Municipal Zoning Code.
NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City
of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that
the appropriate ordinance be drafted which would amend the Kenai Municipal Code
to include the new zoning designation, 14.20.145, "Recreation {R) Zone as
described in Attachment A.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
day of 1989.
Chairman
ATTEST:
Planning Secretary
DRAFT
14.20.145 Recreation Zone (R): (a) Intent: The Recreation Zone (R) is
intended to contain both public and private lands to be utilized for recreation
and residential purposes. Lands designated for this district should be evaluated
for long term public benefits to accrue from the protection offered by this
designation.
(b) Permitted Principal Uses and Structures.
(1) Ball fields;
(2) Exercise trails and facilities;
(3) Parks and playgrounds;
(4) Picnic facilities;
(5) Recreation facilities, shelters, bathhouses;
(6) Recreation cabins;
(7) Single-family and duplex residences;
(8) Trails;
(9) Visual corridors and viewpoints;
(10) Watersheds.
(c) Permitted Accessory Uses and Structures.
(1) Boardwalks;
(2) Parking - not to include large trucks or trailer vans;
(3) Essential services (as defined in 14.20.320 (28);
(4), Watchman or caretaker dwelling.
(d) Conditional Uses and Structures.
(1) Boat harbors, docks, wharfs, launching ramps;
(2} Bunkhouses, bed & breakfasts, hunting & fishing lodges;
(3) Fuel facilities for river boat traffic;
(4) Convenience or grocery outlets;
(5) Marinas, including boat rentals;
(6) Aquaculture;
(7} Charter or guiding services;
(8) RV parks;
(9) Multi-family units;
(10) Hotels;
(11) Restaurants.
(e) Prohibited Uses and Structures. Any use or structure not of a
character indicated under permitted principal use or conditional use shall be
prohibited.
(f) Minimum Lot Requirements. Shall follow the requirements for the Rural
Residential (RR) Zone including the 100' setback from slopes, bluffs, or banks
as described in the Comprehensive Plan, Coastal Zone Management Plan, and Kenai
River Special Management Area Plan.
(g) Required Off-Street Parking and Loading. Adequate off-street parking
and loading shall be provided in connection with any permitted use in accordance
with the provisions of KMC 14.20.250.
(h) Signs. Signs may be allowed in conformance with KMC 14.20.220 (g).
10/89
DRAFT
Proposed amendment to KMC 14.20.220 to be included in place of (g) with the
original (g) being moved to (h).
Form A
fig) Sians Permitted in the Recreation Zone:
(1) Signs identifying permitted principal and accessor uses and
structures: One sign per use, not to exceed two (2) signs, not exceeding four
(4) square feet in area. Such Sian shall be no closer than ten (10) feet to any
property line or shall be flat against the building No lighting is permitted
(2) Bulletin Boards: Bulletin boards or permanent changeable letter signs
located on the premises shall be permitted for RV parks, exercise trails, parks
& playgrounds, and similar uses.
Form B
(a) Signs Permitted in the Recreation Zone:
(1) Sians identifying ermitted rincipal and accessory uses and
structures : One sign per use, not to exceed two ( 2 ) signs, not exceeding thirty-
two (32) square feet in area. Such sign shall be no closer than ten (10) feet
to any property line or shall be flat against the building No lighting is
permitted.
(2) Bulletin Boards: Bulletin boards or permanent changeable letter signs
located on the premises shall be permitted for RV
__ parks, exercise trails, parks
& playgrounds, and similar uses.
11/89
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KE NA = PLANN = NG ~ Z O N S NG COMM = S S = O N
October 25, 1989 - 7:00 P.M.
City Hall Council Chambers
Pat Nault, Chairman
1. ROLL CALL
All Commissioners Present
Two Commission seats vacant
2. APPROVAL OF AGENDA
Delete Borough Representative
MOTION:
Commissioner Brown moved approval of the amended agenda, seconded by
Commission Glick
VOTE:
Motion passed with Unanimous Consent
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Sylvia Spearow, Planner, Kenai Peninsula Borough - Comprehensive
Plans both City and Borough
Rescheduled for November 8th.
4. PUBLIC HEARINGS
a. Resolution PZ89-11 (Amended): Encroachment Permit for Lots 51&52,
Block 1, Redoubt Terrace S/D - Integrity Surveys
Planning Specialist Loper explained that this had been postponed in order
for a second survey to be done on Lot 50. The survey has been completed
and the application returns. The staff comment sheet details all the
encroachments the permit will clear.
Vice Chairman Bryson opened the hearing for public comments. There were
none.
Commissioner Brown expressed questions about the concerns of Mr. Hamrick.
Planning Specialist Loper answered that each .concern listed in Mr.
Hamrick's letter is numbered and answered in the staff comments. About
the only thing we are able to do is show him through the survey that those
buildings are not encroaching into his lot.
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 2
Commissioner Gilman asked about covenants. While we cannot govern them
I would like to see them.
MOTION:
Commissioner Brown moved approval of PZ89-11, seconded by Commissioner
Bannock.
VOTE:
Motion passed unanimously by roll call vote.
Commissioner Glick asked if Mr. Hamrick has made any comments since the
survey was completed. Planning Specialist Loper answered that he was on
the slope and has not yet seen the results, however he will be informed.
b. Resolution PZ89-16: Amend Kenai Municipal Zoning Code by Adding New
Section -Recreation (R)Zone
Vice Chairman Bryson opened the hearing to comments from the public. There
were none.
Commissioner Bannock stated that he had a problem with the size of the
sign. Planning Specialist Loper explained that the entire section has been
copied from the home occupation portion of the sign code. Any changes are
welcome. Commissioner Bannock: I don't know that I could tell you a good
limit, obviously we don't want a 10,000 sq. ft. sign, but I know that I
have a problem with 4 sq.ft.
Commissioner Brown: I think you need some type of restriction on signs
because the recreation zone can easily border a residential zone, so if
I'm living across the street from someone that wants to rezone it to
recreation as long as he doesn't stick up an 8 x 10 sign out my front
window. Commissioner Bannock: But on the other hand, these are home
occupation rules and the recreation zone has to be at least one step more
than a home occupation. Remember this is where we were talking about
putting in our restaurant and club shop, even our boat rental place. A
4' square sign is great for Martha's sewing but for anything commercial
it is too insignificant.
Commissioner Brown: It was my understanding it was going to be a
commercial-like establishment that would go in a residential area.
Commissioner Bannock: One of the things we talked about in a recreation
zone is the Kenai Golf Course. That sign is out of order then, its more
than 4 sq.ft.
The Commission discussed lighted signs.
MOTION:
Commissioner Brown moved for approval of PZ89-16, seconded by Commissioner
Gilman.
MOTION AMENDMENT:
Commissioner Bannock moved to amend the motion by eliminating the section
dealing with signs permitted in the recreation zone, seconded by
Commissioner Gilman
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 3
Vice Chairman Bryson: Is it your intent to go back to a work session.
VOTE AMENDMENT:
Motion passes
Commissioner Bannock - yes
Commissioner Brown - no
Commissioner Glick - yes
Commissioner Gilman - yes
Vice Chairman Bryson - yes
Commissioner Brown: So now we have an amended motion that creates a
recreation zone with signs that may be allowed with KMC 14.20.220.
Discussion continued regarding the sign portion.
MOTION:
Commissioner Glick moved to postpone the entire resolution to the next
meeting, seconded by Commissioner Gilman
VOTE:
Motion passed unanimously by roll call vote
5. APPROVAL OF MINUTES of September 27, 1989
MOTION:
Commissioner Glick moved approval of the minutes as submitted, seconded
by Commissioner Gilman
VOTE:
Motion passed with Unanimous Consent
6. OLD BUSINESS
None
7. NEW BUSINESS
a. Home Occupation: Portion Gov't Lot 107, Sec. 34, T6N, R11W, S.M.
(1312 Kiana) for Carlyle Design - James R. Carlyle
Mr. James Carlyle gave a detailed explanation of his business and stated
that he felt the newspaper article made his business sound much larger than
it actually is. Water is not used to a large extent and uses no more than
a washer load of laundry. There is extra traffic in that we take the
articles to the post office or the stores. There are no customers, its
all wholesale. The business now uses about 8% of the floor area. At our
production rate we sell as many as we produce but it's still a small scale.
There are trucks that stop at the house and driving away.
Commissioner Gilman: Did you mention a delivery van? Mr. Carlyle answered
that it would be the same as if you ordered a piece of furniture and a
truck came up and dropped it at your house. Commissioner Gilman: Is it
there for like 6 hours? Answer no, more like 5 minutes. The things we
order look like a bag of cement.
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 4
Commissioner Brown asked if this was complaint driven? Answer no. Vice
Chairman Bryson asked about the water & sewer fees. Planning Specialist
Loper answered that the water & sewer fees are entirely separate from the
zoning aspect. Commissioner Brown asked if it were a home occupation would
he be charged a residential fee. Councilman Smalley answered that the bed
& breakfasts that were approved fall under a higher water & sewer rate and
would assume this would too.
Commissioner Gilman: If we approve this application could you approve it
on the basis of the finance department get a hold of the finance department
later about the charges. Answer, the Finance Department is independent
of any decision made by the Commission.
MOTION:
Commissioner Brown moved for approval of a home occupation permit for Mr.
& Mrs. Carlyle, seconded by Commissioner Bannock
VOTE:
Motion passed unanimously by roll call vote
b. Lease Applications: Former Dairy Queen Facility - Ischi and QBP,
Inc.
Vice Chairman Bryson called upon Administration for comments.
Administrative Assistant Howard: There are two applications in your
packet. The Ischi's brought in a proposal October 5th and we were
expecting lease applications and I told Mrs. Ischi that she may need to
fill out an actual lease application form. We took her good faith deposit
and I gave her proposal to the legal department to determine whether or
not she would need to do that. I hadn't received an answer by October 9th
when QBP, Inc. submitted a formal lease application. I wrote a memo to
the legal department asking them which would be a first come first served,
and they said that providing that the Ischi's complete a formal lease
application on a City form, theirs would be considered first.
Kenai Municipal Code states that if the Planning & Zoning Commission finds
"the application is complete and the use proposed is in the highest and
best use for the City, and that it conforms to the Airport Master Plan and
other goals set by the Commission and Council ..." Administration would
like a recommendation from the Planning & Zoning Commission to take to the
Council meeting.
Commissioner Bannock: How does the decision between these two companies
have anything to do with the Planning & Zoning Commission. Administrative
Assistant Howard: The leasing code says that any lease application will
go before the Commission to see if it conforms, etc. Last May 3rd this
was in front of the Council, as you saw in my memo, the Ischi's had
submitted a bid and they protested a clause in the lease. The Council
ended up not taking action on it. They could have either have gone out
to bid again for another RFP, or took no action on it and lease it just
as if it were raw land. They decided to follow procedures we use for raw
land and that section of the leasing code.
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 5
Commissioner Bannock: Right, but going through this, section D, where
there are two or more applications for the same airport lands for different
uses, then the ..." and I don't see any difference in the uses here and
I really don't feel this is an issue Planning & Zoning should be involved
in. This is a Council issue, trying to find out which business gets it
leased for the exact same use. If it were different uses, yes. Where
Planning & Zoning would come into this is if the company wanted to lease
it and turn it into either a gas station or a golf course, but both want
to turn it into a restaurant. So the only competition here is who is going
to run it. I don't think going with taco people versus the ice cream
people is a different use.
Commissioner Gilman: I was under the impression that Planning & Zoning
just had to see that the first come first serve applicant does indeed fall
within the code. Commissioner Bannock: That's for the legal department.
Vice Chairman Bryson: The legal department has already made the
recommendation on that and I guess ..... Commissioner Bannock: What is
the different uses between the two organizations. The same uses, the taco
people or the ice cream people. Vice Chairman Bryson: If there is a
difference, we need to declare it, if there isn't .... Commissioner
Bannock: If we decide there is no difference, what do we make a decision
on, to make no decision. Vice Chairman Bryson: We could recommend a wide
variety of things, we could recommend that it go out for competitive leases
which is almost a full circle.
Commissioner Bannock: Just a couple weeks ago, we had a situation
relatively similar to this involving a lease situation at the airport
terminal and that never came here. Planning Specialist Loper: It did go
to the Airport Commission. Commissioner Bannock: I think its the exact
same situation, if the City owns something and it's being leased out and
more than one person wants to lease it, so what we're doing right now we
should have done it for the airport bar then. Either we're doing some
wrong then or we're doing something wrong now because they aren't being
treated the same. When the airport concessions went for bid it didn't come
here and when the Dairy Queen went for bid it didn't come here.
Vice Chairman Bryson: Do you have an opinion of what they should have
done. Commissioner Bannock: I have a very strong opinion. As Planning
Zoning Commission we shouldn't make the decision between two parties that
have the same goal. They don't want to turn it into something else, they
both want to turn it into a restaurant, they both have the same use. KMC
21.10.060 is for uses, not for ownership.
Vice Chairman Bryson: I don't disagree with your concern, though I think
we need to focus in on several of the issues, one is whether or not the
proposed issues are compatible with the zoning and the airport plan.
Commissioner Bannock: That's not what they're asking we do tonight though.
Aren't we to decide who should get the application for the former Dairy
Queen facility? Vice Chairman Bryson: It has been given to us with some
nebulous directions.
Commissioner Bannock: Let's treat it as an issue of raw land. There's
two people that want to do the same thing with this raw land: It's not
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 6
this body's decision to find out which of those two people get to do with
that raw land what they want to do with it. Councilman Smalley: By the
code it is. Commissioner Bannock: No. The code says use. It doesn't
say we get to say who gets to use it, the code says we get to say how it
is used.
Commissioner Gilman read KMC 21.10.060 the second section. Does that mean
that we are supposed to figure out the highest and best use. Commissioner
Bannock: I disagree. In this case I think that applies to different uses
not the same uses. Think about what planning & zoning is for. If someone
wanted to turn that into a golf course, well that doesn't fit. It's
already been determined that a restaurant fits on that corner. These
people just want to turn it in to another restaurant.
Commissioner Brown: I think if you have the opportunity to review the
application when it comes back for renewal, just because it was a
restaurant before shouldn't factor into deciding that it's the best use
for it now. The lese application that's before us, you have to look at
the first application since that's the legal opinion on a first come first
served basis, the reason that we're looking at is to decide do we want to
keep it as a restaurant.
Commissioner Bannock: What are we supposed to decide tonight. Vice
Chairman Bryson: This is before us somewhat by default because the Council
did not take action on it. Administrative Assistant Howard: Not exactly
on this, they haven't seen this application. Vice Chairman Bryson: On
the first application? Councilman Smalley: We received a proposal.
Administrative Assistant Howard: We received a bid last spring and it
didn't work out. Now, I would like to see, at least of the two sections
of the code I wrote in my memo, I would like to see this Commission find
that the application is complete, if the applications are complete, and
find out if the uses are of the highest and best uses, and it conforms to
the master plan and other goals as set by the Commission and the Council.
I can see where your opinion is that they aren't different uses. If you
want to mention that to Council that would be fine.
Commissioner Gilman: So we maybe we can make you happy if it turned out
at the end of the evening that we found that both of these applications
are complete and that they both are in the highest and best use.
Commissioner Bannock: But I don't think that was the message. It looks
to me like the City Council was asking for us to make the decision between
QBT and Ischi. Administrative Assistant Howard: The Administration
brought this before you, the Council hasn't seen it. We just followed the
code.
Vice Chairman Bryson asked if there were any objection to having the
applicants speak for five minutes each? The Commission agreed.
Mr. Hutchings: I think the proposal is a little bit different than an
application and as far as a first come first served basis is ... my
application, I didn't have any qualms about the lease, therefore, I think
I should be in first place.
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 7
Commissioner Bannock: I don't have a problem with either one of your
businesses, I love Dairy Queen and I love tacos. I just do not feel that
this body should decide okay you get it or you don't and that's what I read
into this.
Val Ischi: My understanding tonight was that I was supposed to come
because there were two lease agreements and that they were just going to
approve whether both of us were within the zoning, to do what we want with
it, then both of them, if they were both recommended and that we complied
with the zoning would be sent on to Council and at that point it would be
decided by the Council as to who would be awarded the lease. I think
everything we proposed is in the lease agreement and I would be more than
happy to answer any questions that you may have. We would just like to
be considered by the Council to receive the lease.
Commissioner Brown: I think Margaret had a good idea, that we shouldn't
recommend both applications, if we see it that way, that both applications
should fit the use according to the code and let the Council decide if it
should be a Dairy Queen or tacos. The Commission doesn't have any problem
with it being used for a restaurant.
MOTION:
Commissioner Brown moved to recommend to the City Council that both lease
applications for the Dairy Queen facility, Ischi and QBP follows KMC
21.10.060, both applications meet the Kenai Municipal Code and that a
restaurant is the highest and best use and conforms to the Airport Master
Plan, seconded by Commissioner Glick.
Commissioner Gilman: Does that motion state the Ischi's or do you mean
the Dairy Queen. Commissioner Brown: I meant both. Commissioner Gilman:
Does that motion also have in it that it that the applications are
complete. Answer yes. Vice Chairman Bryson: We are declaring that both
are complete and they are compatible with zoning and the master plan.
Vice Chairman Bryson: I don't think we'd be out of line if the Planning
Commission were to propose a method of determination, a bid situation or
what. A method of competing leases .... unless you just want to shy away
from it. Commissioner Bannock: I would like to shy away from it.
Councilman Smalley: Back when I was on this body, we dealt with leases for
land which were competing leases and this body was assigned the task of
reviewing, listening to the applicants and making a choice between the two
or three that evening and recommending that specific choice, even though
they were the same uses to Council. Council doesn't have to chose the one
the Commission had chosen. They also modify anything that the Commission
sends on and often does.
Vice Chairman Bryson: The one that comes to mind that came before us was
the Ski-Mo and the Doyles and they were different uses. Commissioner
Bannock: And I think that's the kind of thing the Planning & Zoning
Commission should be doing. Councilman Smalley: I understand what you're
saying and I agree, it's putting this body in a box. I think its unfair
but I do think the Council, on this issue, wants a recommendation on these
two. I'm happy with what you sent to them. Vice Chairman Bryson: If the
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 8
determination is the date of application then its easy enough for
Administration to determine the appropriate lease.
Commissioner Gilman: I don't think its the position of the Commission to
do that. I don't think the Council should ask us for a recommendation,
that's why they're there.
VOTE:
Motion passed unanimously by roll call vote
8. PLANNING
a. Comp Plan Team Reports
Since there are two members that are no longer on the Commission, the
committees are in need of new team assignments. The proposed new member
was asked to participate and agreed to take the assignment issued to Mr.
Walker. Commissioner Glick asked to work on the Kenai River team, approved
by Vice Chairman Bryson.
Mr. Ed Garnett, representing the Airport Commission spoke before the
Commission regarding any development plans the Commission may have for the
Plan.
The Commission set a work session for November 15th specifically for the
Plan and invited 1Kr. Garnett and any of the other Commissions that were
interested to attend.
The Commission cancelled the meeting of November 22, 1989.
b. Proposed Alaska Oil & Gas Lease Sales for 1994
No comments.
c. Kenai River Public Boat Launch
This item is to update the Commission on the progress of the project and
Councilman Smalley and the Commission discussed it at some length. The
Commission voiced strong support of the project and urged the Council to
continue with the project and further, when it is appropriate that a plan
for development of the area be drafted and return to the Commission.
9. REPORTS
a. City Council
Councilman Smalley reported on Council items of interest to the Commission
from two previous Council meetings.
b. Borough Planning
Vice Chairman Bryson reported on another request to apply the noxious,
injurious, hazardous ordinance applied to the operation of a dog kennel
and an application for a land use permit on the bluff on K-Beach Rd.
KENAI PLANNING & ZONING COMMISSION
October 25, 1989
Page 9
c. City Administration
None
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
11. INFORMATION ITEMS
a. City Council Agendas - October 4 & 11, 1989
b. KPB Planning Commission Agendas - October 9 & 23, 1989
c. APA Planning Magazine
12. COMMISSION COMMENTS & QUESTIONS
Councilman Smalley discussed the current situation concerning street lights
and recommended review of the list of recommended locations for street
lights that was drafted with the Laidlaw Bus company a couple years ago.
Along with the list was a map and it should be available from Public Works.
The Co~nission requested a copy of the list for review. The Commission
agreed to put the issue into the Comprehensive Plan under the utilities
section.
13. ADJOURNMENT
There being no further business, the meeting was adjourned into a work
session.
Janet A. Loper
Secretary
1791-1991
CITY OF KENAI
~-, "C~~l G~a~~l a~ ,Ql~i~„
__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283.3014
S TAF F REPORT
T0: Vice Chairman Bryson and Planning Commissioners
FROM: ,Janet Loper, Planning Specialist
DATE: November 3, 1989
RE: Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD
BACKGROUND
Applicant: Housing & Urban Development
Anchorage
Legal Description: Lot Z, Misty Haven S/D, Sec 34, T5N,
R11W, S.M.
Existing Zoning: Suburban Residential
- Current Land Use: Multi-family residential - duplex
Proposed Land Use: Same
t Action Requested: Vacation of Utility Easement and
removal of encroachment
DISCUSSION:
There is an existing duplex on the lot which encroaches into the easement by
approximately five feet. The setback requirement for Suburban Residential (RS)
zoning district is five feet so the building would not encroach into the setback.
There is City water & sewer available on East Aliak Street and the City Engineer
has indicated that the easement is not required.
STAFF RECOMMENDATION:
Recommendation to vacate the 10' utility easement to the City Council and Kenai
Peninsula Borough.
You are being sent this notice because you are an interested
party and/or property owner adjacent to or within 300 feet of
the described property.
PENINSULA CLARION
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received
to vacate public utility easement. Area under consideration is
described as follows:
r~. ~ocation and Request: Vacate portion of a ten foot utility
easement within Lot 2, Misty Haven Subdivision. Vacate the
tan foot utility easement within the eastern ten foot of
said lot lying between a point 10 feet northerly of East
A1iak Street and the northern boundary of said Lot 2. Being
within Misty Haven Subdivision (plat 84-288 Kenai Recording
District) Section 34, Township 6 North, Range 11 West,
Seward Meridian, Alaska, City of Kenai.
B. Purpose as stated in petition: As indicated on the attached
As-Built, the duplex extends into-the utility easement.
Since the easement is not being used at this time we would
like to vacate all of the easement except 10' from the ROW.
C. Petitioner(s): Housing and Urban Development, Anchorage,
Alaska.
Public Hearing will be held by the Kenai Peninsula Borough Plan-
ning Commission on Monday, November 20, 1989 commencing at 7:30
p.m., or as soon thereafter as business permits, to be held in
the Borough Administration Building, Soldotna, Alaska.
~4
``i,_. Anyone wishing to testify may come to the above meeting to give
_ testimony; or may submit a written statement to the attention of
~~ Richard Troeger or Robbie Harris, Kenai Peninsula Borough Plan-
ning Department, 144 N. Binkley Street, Soldotna, Alaska 99669•
Written testimony should be received by Planning Department no
later than Wednesday, November 15, 1989.
For additional information contact Robbie Harris or Richard
Troeger, Resource Planning Department, 262-4441 (1-800-478-4441
toll free within Kenai Peninsula Borough).
Robbie Harris
Platting Officer
PUBLISH 2X (Nov 6 & 13, 1989)
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Introduced by: Mayor @
". - . -,~`~, Req. of Planning Commission
_ - j Date: March 21, 1989
~.~
`~' ~, Action: Enacted
~`~~~ '~ - ~ Vote: Unanimous
~~ .I'"~•
~~`"~~ KENAI PENINSULA BOROUGH
ORDINANCE 89-i7 (SJBSTITUTE II)
AMENDING KENAI PENINSULA BOROUGH CODE SECTION 21.01.025 TO ALLOW
CITIES TO MAKE LAND USE PLAN Ati1ENDMENTS TO CITY COMPREHENSIVE
PLANS
WHEREAS, pursuant to AS 29.40.010(b), a borouc may, by as-
sembly ordinance, delegate land use regulatory power to cities,
who by council ordinance request such delegation; and
WHEREAS, the Kenai Peninsula Borough has enacted Kenai
Peninsula Borough 21.01.020(a) ~•rhich allows cities to assume
zoning po;,rers, with assembly approval, if the city requests this
poster by a city council ordinance; and
WHEREAS, delegated zoning power is often unwieldy to cities
holding such power ~eithcut holding concurrent delegated power to
make land use plan amenaments to their comprehensive plans;
NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
Section i. That section 21.01.025 of the Kenai Peninsula
Borough Code of Ordinances entitled "Comprehensive Plans" is
hereby repealed.
Section 2. That the Kenai Peninsula Borough Code of Or-
dinances is rereby amended by adding a new section to be numbered.
21.01.025 which shall read as follocrs:
•:::. .
.••',~~•~.~_= - . • 21 . O1 . 025 City Comprehensive Plans -- Amendments
_ A. All amendments to a comprehensive plan for a
... •' city must be adopted by assembly ordinance except
• _ for land use plan amendments made by the city
council in accordance with this section.
B. A city that has the delegated authority to
provide zoning regulations is authorized to make
land use plan amendments, as defined in this sec-
tion, to their adopted comprehensive plan.
Kenai Peninsula Borough
Ord. 89-17 (Subst. II)
Page 1 of 2 pages
Kenai Planning & Zoning Commission
RESOLUTION PZ89-*
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING APPLICATION TO THE KENAI PENINSULA BOROUGH FOR MAKING LAND USE PLAN
AMENDMENTS TO THE COMPREHENSIVE PLAN.
WHEREAS, at the present time, when rezoning of property takes place within the
City of Kenai the City must, by ordinance request the Kenai Peninsula Borough
make an appropriate change to the Land Use Plan and Map, and
WHEREAS, by KPB Ordinance 89-17 will "allow cities to make land use plan
amendment to city comprehensive plans" by request through a submittal of an
ordinance by the City Council, and
WHEREAS, the Planning & Zoning Commission feels that it is in the best interest
of the City to have control over the Land Use Plan within the guidelines of
KPB 89-17, and
WHEREAS, the Planning & Zoning Commission recommends the Kenai City Council take
advantage of the opportunity to take control of the rezoning of lands lying
within the city limits in accordance with KPB 89-17.
NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City
of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that
the appropriate ordinance be drafted which would request the Kenai Peninsula
Borough proceed with the necessary paperwork to allow the City of Kenai to make
amendments to the City of Kenai Land Use Plan.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
* day of *, 1989.
Chairman
ATTEST:
Planning Secretary
C• A city shall accept delegation o= authority to make
land use plan amendments by an ordinance ~~~hich shall
provide the follo~•~ing:
(1) a clear statement of acceptance of the
authority;
(2)that all amendments shall be made by an or-
dinance;
(3) that the. borough planning commission be
notified in writing of all proposed and adopted amend-
ments;
D. The assembly, acting upon recommendations of the
borough planning commission, shall delegate the
authority to make land use plan changes to a city com-
prehensive plan by ordinance. This authority may be
revoked by ordinance upon a finding that a city has not
complied with the terms of this ordinance.
E. Cities requesting extensive comprehensive plan
amendments and cities without the power to make land
use plan amendments, may recommend to the Borough Plan-
ning Commission a change to the city comprehensive
plan.
F. The assembly, acting upon recommendations of the
borough planning commission, and finding that no sig-
nificant negative impacts occur outside the municipal
district, shall make extensive comprehensive plan
amenaments by ordinance.
Section 3 That this ordinance takes effect immediately
upon its enactment.
- ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
THIS ~,,,1 DAY OF _ i~tay , 1989.
• ~ ~hathan G+l. Sewall, Assem ly President
ATTEST: L/
• ~ l
• B ~.: _ ~ :ugh C e rk
~ / /~
~ , Kenai Peninsula Borough
Ord. 89-17 (Subst. II)
• Page 2 of 2 Pages
y~r ~~~~ ilc ®tIC:~
us a~ ~ ~ `~ ~ Ot~O®~
o>~ Engineers
Alaska District ~, 9
Regulatory Branch (1145b) ~ 'r',~ ~~
Post Office Box 898
Anchorage, Alaska 99506-0898
PUBLIC NOTICE DATE: 24 October 1989
EXPIRATION DNTE: 23 November 1989
REFERENCE NUMBER: 1-890390
WATERWAY NUMBER: Kenai River 248
Interested parties are hereby notified that an application iras been received
for a Department of tyre Army permit for certain work in waters of the United
States, as described below and shown on the attached plan.
APPLICANT: Cook Inlet Processing, Box 3163, Nikiski, Alaska y9635
LOCATION: West bank of the Kenai river in Section 3, T. 5 .d., R. 11 S.,
Sewaro Meridian, U.S.G.S. t~UAD (Kenai C-4), 1 mile Souih of Kenai, Nlaska.
'MURK: The applicant proposes to seasonally place ~l mooring buoys with 500
pound anchors in ttie river.
PURPOSE: To provide moorage for fishing vessels and tenders while they are
unloading cargo and taking on supplies.
AUDITIUNAL INFORMATION: The buoys would ue installed each year from h1ay lst
unti September th. For additional information, contact Mr. Paul Dale at
the address above.
WATtK QUALITY CERTIFICATION: A permit for the described work will not be
issued until a certification or waiver of certification as required under
Section 401 of the Clean Water Act (Public Law 95-217), has been received
from the Alaska Department of Environmental Conservation.
COASTAL ZONE MANAGEhIENT ACT CtRTIFICATIUN: Section 3U7(c)(3) of the Coastal
Zone Management Act of ly7/_, as amended by 16 U.S.C. 1456(c)(3), requires
the applicant to certify that the described activity affecting land or water
uses in the Coastal Zorre complies with the Alaska Coastal Manayernent
Proyrarn. Aperrnit will not be issued until the Office of management and
Budget, Division of Governmental Coordination I~as concurred with tine
applicant's certification.
P!J~LIC. ~,E,~nIPlG: Any person may reduest, in writing, within the comment
p~r~o•~,sp~c~tied in this notice, that a public hearing be held to consider
tt;is application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing.
CJLhUNL RESUUkCES: The latest published version of the National Register
01- riistoric P aces has been consulted for the presence or absence of
registered properties, or properties listed as being eligible for inclusion
herein, and this ~,rorksite is rrot registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National
Register constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of such
resources. This application is being coordinated with the State Historical
Preservation Uffice. Any comments they may have concerning presently
unknown arcneoloUicai„ scientific, prehistorical, or historical data. that
rra~ b2 loss or destroyed by work under the reduested permit, will be
considered in our final assessment of the described ~,rorK.
LiJLtiiVuEktU SPECIES: The project area is 'within the known or +~istoric range
of the Peaies Peregrine Falcon. Jo threatened or endangered species are
mown to USe the project area. Preliminarily, the descriued activity •wiil
not arfect endangered species, or their critical hauitat desiynatea as
endangered or threateneu, under the Endangered Species tict of 1573 (is7 Stat.
3~~+). This application is being coordinatea wiih the U.S. Fish and wildlife
Service and the ational i°larine Fisheries Service. Any comments they may
nave concerning endangered or threatened wildlife or plants or their
critical hauitat •wili be considered in our final assessment of the described
work.
FEUL;t~;t_ Si~L;;itS ~~_ ~C?~CE~~~I: The r"oliowiny Fedora! species of concern may
use the project area: Steelhead Trout, ~ocKeye Salmon, Chinook Salmon, Cuho
Salmon, Lesser Canada Goose, tdhite-Fronted 'n'oose, Bald Eagle, Trumpeter
Swan, Tundra Swan, ~~1aliard, Lesser Sandhill Crane and Peales Peregrine
Falcon.
"'~~'~:
~~' • FLUUU PLHIN tiWiuHGEhiLivT: Evaluation of the described activity will include
-~N e: -
''`~ con orrnance wi appropriate State or local flood plain standards;
=~_~=-,, consideration of alternative sites and methods of accomplishment; and
~.;:,:_ weighing of the positive, concentrated and dispersed, and short and
~''~~:~ 1 ony-term impacts on the f 1 odd p l a i n.
~`,
- - SPECIAL AREA UtSIGNr1TIUlV: The project is located within the Kenai River
Special Management area.
• EVALUATION: The decision -vhetirer to issue a permit brill be based on an
evaluation of the probable impacts including currrulative irrrpacts of tt~e
proposed activity and its intended rise on the public interest. Evaluation
of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become
relevant in each particular case. The benefits which reasonably may be
expected to accrue from t-re proposal must be balanced against its reasonably
foreseeable cietrimerrts. The decision whettrer to authorize a proposal, and
if so ttre conditions under which it will be allowed to occur, are therefore
determined by the outcome of tt~e general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
ue considered including ttre cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards,
floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property
ownersr~ip, arrd, irr general, the needs and welfare of the people. For
activities involving 4U4 discharges, a permit will be denied if the
discharge that would be authorized by suctr permit would not comply with the
Environmental Protection Agency's 4U4(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria (see
Sections :i2U.2 arrd 32U.3), a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
AUTHORITY: This permit will be issued or denied under the following
authorities: Perform work in or affecting navigable waters of the United
States--Section 10 lovers and Harbors Nct 1H99 (33 U.S.C. 4U3).
Comments on the describes worts, with the reverence number, should reach this
office no later than the expiration date or this Public Notice to become
part of the recoru and be considered ~n tine decision. If further
information is desired concerning ibis notice, contact ylr, kichard L Howard
at (9U7) 155-L712.
N plan, (Notice or Appticatiun tor- i:ertirication or i:ons~stency wiin the
Alaska Coastal hlanagernent Program, ana ~otlce or ;~ppiicatian ror state 'later
duality Certification are attached to this r~uDlic .+otice.
District Engineer
~" U.S. army, Corps of Engineers
Nttachments
1
• CC~::~ i::LET PROCESSING
EXHIBIT B ~'
Physical location of anchors in Kenai Rive
= ~~:;
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K~i~AI RIVER 248
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CQC~Ei [(IE~'#
y G Pr~cess[[~~
E~-OBIT A
Physical description of mooring anchors to be placeC ?-_ Kenai River ,
- - - - - - - - - - - ,3t GF Si ~ V i'OLy l..thJC
I
L -- - - - - - - - - -• 5•D' OF ct... rl.lGrt ~CLy LI/JC
Z
S+
- . - - -- - GHRtnI Er-+c'~CDC~ Inl CGn/Gr?cTE
..- - - ~ --,~" ~rnc~ c~T-E~IDi~1C ~~ F,?Owt t3Ar2RGL
onl r-'_v~ SrDcS
- - - - C.C~NCi-+=TF - r: ~l-CL~ S~ CA LLO~U I~~~J-'tit
.47lsfc:~c. L.,'ercrtT Soo x.,3.5
I -`.:`?C39J
:'.=':=.i RIVER 248
PLANT: BOX 8163 NIKISKI.:.LASK:. 99635 • TELEX=HONE: (907} 776.0174 FAX: 776.5302
~ a a ~ STfVE CO WPER, GOVERNOR
I O
CENT1;iAl OFFICE
'sl~~~~i~i ~~ ~~~ ~~~' ~~:°~~.~ P 0. BOX Aw
/ JUNEAU. ALASKA 99811-0165
oHONE (907) X65-3562
OFFJCE OF MANAGEMENT AN.D 9UDGET
DIVISION OF GOVERNMENTAL COORDINATION
STATE Or^ ALASF:A
DIVISION OF GOVERNMENTAL COORDINATION
Notice of Application for
Certification of Corsistencv with the
yiasica Coastal Management Program
Notice is hereby given that a request is being filed with the
Division o= Governmental Coordination nor concurrence, as provid-
ed in Section 3G7 (c)(3) of the Coastal Zone Management Act of
1972, as amended [P.L, 94-370; 90 Stat. 1013; 16 J.S.C. 1456
(c)(3)], that the project described in the Corps or Engineers
Public Notice No. I-8yU.~UU will comply with the Alasxa Coastal
Management Program ana that the project will be conducted in a
manner consistent with that program.
Any person desiring to present views pertaining to the project's
compliance or consistency with the tilasita Cc::stai Management
Program may do so by providing his views i:<<:_iting to the
Division o~ Governmental Coordination, Cffice of Management and
Budget, Pouch AA', Juneau, tiE 99811, within 3~ days of publication
-~.~ -_ of this notice.
.~~?ir - Attachment 2
_~ ,,~ ``
~'
_' ~r
`.~~7 . .
A. t
:~.~
y,.
.3
~~ ~~~ ~; r ii`~~ ~
1
~, ~i ~~ II ~~ !I' it
!~ ,.., ;
:.+ `. u
DE;P'T. OF Elf V IRON:1lE~
'~~ ,1 i~~~~ ~~~ ~
', ~~ ~ U ~ %, STEVE CO'rVPE GOVERNOR
fT~L CONSEIIVf17'ION ~ Telephone: 19071 465-2fi00
1 Address:
JJ P.O. Box 0
Juneau, AK 99811-1800
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a Federal license or permit to conduct any activity which
may result in any discharge into the navigable waters must first apply for
and obtain certification from the Alaska Department of Ehvironmental Conser-
vation that any such discharge will comply with the Clean Water Act of 1971
(PL 95-217), the Alaska Water Quaii~y Standards and other applicable State
laws. By Agreement between the U.S. Army Corps of Engineers and the Alaska
Department of Environmental Conservation application for a Department of the
Army Permit may also serve as application for State Water Quality Certifica-
tion when such certification is necessary.
'Jotice is hereoy given that the application for a Department of the Army Per-
mit described in the Corps of Engineers Public Notice rvo. i-;~y~;~~a;~
also serves as application for State Water Quality Certif~cat~on rrom t~
Alaska Department of Environmental Conservation, as provided in Section 401
of the Clean Water Act of 1977 (PL 95-217).
The Department will review the proposed activity to insure that any discharge
to waters of the United States resulting from the referenced project will
comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality
Standards and other applicable State laws.
Any person desiring to comment on the water quality impacts of the proposed
project may do so by writing to:
Alaska Department of Environmental Conservation
3601 C Street, Suite 1350
Anchorage, Alaska 99503
' Telephone: 563-6529
within 30 days of publication of this notice.
Attachment 3
AGE I~7DA
KE NA = C = TY C O U N C = L - REGULAR MEET = NG
Novambc r 1. ~ 1~8~
A _ CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine
and non-controversial by the Council and will be approved by one
motion. There will be no separate discussion of these items unless
a Council member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the
agenda as part of the General Orders.
B _ SCHEDULED PUBL=C COMMENT (10 Minutes)
~~ ~ ~ V ~ .~ ~ ~
• ~
v.n s o~rR ' ~
h m
~ G - ~ ~ C~ rn L ~'~- ~ ~-t.q , '1'Y`A v t'
"
r'J ~ ,~
y,,
1
2
~i/ q~\ \ i 2~ 1/ i GZ. v~'~' t ri v~ ~ 0..~ , ~/L.~ ~a-~ t+
C_ P U B L I C HEAR 2 NG S
,pp~s 5
U - 1. Resolution 89-74: Transfer $6,000 in the Sewer Treatment Plant
` Funds
~-a~ --2. Resolution 89-72: Supporting HJR 13, Providing a Secure Source of
Public Education Funding
~,~ --8. Resolution 89-73: Authorizing Robert A. Breeze, Esq. to Act as Agent
for City of Kenai
D_ COMM = S S I O N/ C OMM I T TE E REPORT S
,..w,
'~~
"
~'` ~` 1. Council on Aging
,,
`
'
;~ . 2. Airport Commission
''• ,'M ~ 3. Economic Development Commission
~..J
i~,y~:- 4. Harbor Commission
. 5. Library Commission
A.~'. ~'
,, 6. Parks & Recreation Commission
7. Planning & Zoning Commission
-" ". 8. Misc. Commissions/Committees
E_ M= NU T E S
1. *Regular Meeting, October 4, 1989
2. *Regular Meeting, October 11, 1989
1
F _ CORRESPONDENCE
1. *Letter from RDC: Thank you for renewal
2. *Letter: Appointment of Bob Scott to Alaska Seafood Marketing
Institute
3. *Letter from Exxon: Winter Office and Staff Changes
4. *Letter to Mr. & Mrs. Stasek from Mayor Williams
G_ OLD B U S= NE S S
H _ NEW BUS = NE S S
~u.~s --~. Bills to be Paid, Bills to be Ratified
~U.SS -~•. Requisitions Exceeding $1,000
a SS `~• Change Order: Airport Terminal Building
ads --~. Claim to Exxon, Kenai Dock
~~ gS -rs. Assignment of Lease: Former Post Office Facility - Jack Thompson
`~ ~ ---6. Applications for Lease: Former Dairy Queen Facility
5 ,,~ ~. Discussion: New Chairs for Council
~O
a~,k~ 8. *Games of Chance & Skill:
pro F.O.E. Auxilliary of Aerie 3523 (Eagles
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport P•Zanager
J. DISCUSSION
1. Citizens
2. Council
K _ ADJ'OiJRNMENT
2
KENAI PENINSULA BOROUGH
MEETING OF THE PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA
T:30 P.M. NOVEMBER 06. 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. Wayne Fellers S/D Spearin
1988 Replat Lots 14 & 15
KPB File 88-091
RECOMMENDATION: Grant time extension
until November 6. 1990
2. Plats granted Administrative Approval
and/or Abbreviated Plats Approved
under 20.04.070
a} Langhus No. Three
KPB File 89-068
3. Permits and Applications
a) Kenai River 250; Denison
AK 89-0124-07A
PROJECT: Discharge rockfill to stabilize
riverbank erosion
b) Domestic Wastewater Disposal
Trail Lake Lodge #8923-DB009
PROJECT: Proposal to dispose of 1200
gallons/day of treated domestic
wastewater from treatment plant
to drainfield
c) Water Rights - City of Soldotna
LAS 12576
4. Informational Items
a) Cook Inlet 78
Proposed Oil and Gase Leases for 1994
b) COE General Permit 89-5
AK 890914-10A
AGENDA ITEM C. COMMISSIONERS EXCUSED ABSENCES
AGENDA ITEM D. APPROVAL OF MINUTES
1. October 23, 1989
AGENDA ITEM E. PUBLIC PRESENTATIONS WITH PRIOR NOTICE
1. Kirk Wickersham, Planning Consultant
"The Workshop Approach. to Comprehensive
Planning"
AGENDA ITEM F. PUBLIC HEARINGS - NONE
AGENDA ITEM G. SPECIAL CONSIDERATIONS
AGENDA ITEM H. CONSIDERATION OF PLATS
Kachemak City 1. Puffin Acres Addition No. 1 Preliminary
KPB File 89-120 Carlos Freeman
Kenai River 2. Apache Acres Part Six Preliminary
Funny River Rd. KPB File 89-123 McLane & Assoc
Mackey Lake 3. Mackey Lake S/D Addition Preliminary
Number 1 Part 2 McLane & Assoc
KPB File 89-124
AGENDA ITEM I. KPB CODE OF ORDINANCES CHAPTER 21.12, NOXIOUS
INJURIOUS OR HAZARDOUS USES IN THE MATTER OF
THE OPERATION OF A DOG KENNEL LOCATED RIVER
DALE SUBDIVISION, SECTION 33, TSN, R10W, S.M.,
ALASKA - POSTPONED FROM OCTOBE R 23, 1989
MEETING OF THE KPB PLANNING COMMISSION
AGENDA ITEM J. PERMITS AND APPLICATIONS
AGEVDA ITEM K. INFORMATIONAL ITEMS
AGEVDA ITEM L. PUBLIC PRESENTATIONS WITHOUT P RIOR NOTICE
AGEVDA ITEM M. DIRECTOR'S COMMENTS
AGEVDA ITE31 Y. C05IMISSIONER COMMENTS
AGENDA ITEM 0. ADJOURNMENT
-n~~ ~
:~ ~~
t~ ~'? ,
BY GAR SMITH
°a
cross the US, developers armed with
multimillion-dollar investment schemes
are carving up prime slices of the Ameri-
~~~' ~~ can landscape. At the same time, the pub-
t;, lie appetite for open space has never been greater.
F What's a public to do, as America's open spaces
are sold off, paved over, and mailed? A lot of folks
have been turning to the nonprofit Trust for Public
Land (TPL), aself-styled "public interest real estate
agency" that uses PCs and marketplace strategies for
preservation rather than for development.
"With the relentlE~ss pressures for development and
paving, it's important to have someone at the table
playing for the public," says TPL's president, Martin
J. Rosen. "We're essentially a land bank."
Since its founding in 1973, Rosen says, TPL's staff
of financial, legal, and real estate specialists has "saved
more than half-a-million acres for public use-land
whose value approaches half a billion dollars. we've
closed 551 transactions in 34 states." TPL's purchases
range from a garden in Manhattan's "Hell's Kitchen"
to 3,000 acres of wilderness on California's north coast.
The Trust's largest single transaction, in the Florida
Everglades, involved 49,800 acres-an area larger than
San Francisco and Manhattan combined.
With its 12 regional offices and a national staff of
150, TPL has managed its resources so wisely that it
derives upwards of 60 percent of its operating Eunds
from profits on its land transactions. And it achieves
this, Rosen emphasizes, even though it sells land to
public agencies "at or be(ozv fair market value."
Here's how it works. When TPL learns of a piece
of land worthy of conservation, it approaches the owner
with aland-and-money-saving proposition. Because
donations to nonprofit organizations are tax-deduct-
ible, landowners who pass their property on to TPL
forconservation atbelow market value can often write
off the difference as a charitable contribution. TPL
then holds the property in trust until it can be pur-
chased by a public agency or community organization.
"The elegant thing about TPL," says public affairs
director Susan Ives, "is that we negotiate solutions
where everybody wins. The landowner wins by help-
ing to preserve the environment and saving money
on taxes; TPL wins because we negotiate a sale that
allows us to turn land value into operating capital,
which in turn helps to save more land; and the public
wins because it acquires land a t a substantial savings."
Unlike the Nature Conservancy, which buys "land for
wildlife," TPL is out to preserve land for people, Ives
explains. "It is unique among land conservation groups
in that it does much of its work in and around cities."
At its San Francisco headquarters, visitors can see
the fruits of TPL's "land ethic" labors displayed in
large color photomurals-meadows glowing under
towering mountains, urban gardens sprouting up be-
t~veen tenements, ranches and family farms that have
been saved from oblivion.
Because it's not hobbled by budget cycles and bu-
reaucracies, TPL is frequently approached by local,
state, and federal agencies to act as an "interim buyer"
until public funds can be secured. TPL also works with
many of the 700 US "land trusts"-local, nonprofit
citizens' groups now protecting more than t~vo mil-
lionacres of city, suburban, and rttral lands. But with
urban sprawl encroaching on open space at an un-
precedented rate, TPL must move fast and make the
right decisions. In this high-stakes game, says Rosen,
"it's important for us to be technologically proficient
when it comes to risk analysis and 'what-if' decision-
making. We couldn't do it without compt[ters."
The Trust got its start with a single Lanier word
processor in 1980, and has grown into afar-flung net-
work with more than 100 PCs nationwide--60 in the
San Francisco office alone. "Nearly everyone in our
office has a PC," says TPL's assistant financial officer,
Susan Smartt. "We need to know the overall costs of
all projects simultaneously-how much a project is
costing; how much we have in revolving funds-in
order to make decisions. The more efficient we be-
come,the more land we ca n save: tha is the bottom line."
"When you're working on 300 projects at the same
time," Rosen says, "this is one of the simpler ways to
keep track of things. Each project is keyed to the sta te,
ronlinteed o~i pngr Sh
CODfI'U'FERL:IND itingnzinr 21
~, ~~~PLE, LAND & COMP99TERS
tonliruted Jrom /xi;e 23
National Convention in Atlanta and supporting NBC in
its timely television coverage of the 1988 Summer Olym-
pics in Seoul, Korea.
After installation of a Novell network, customers can
count on Novell to share information about the best way
to grow their network as their company grows. United
ParcelService, forexample, has purchased Novell fileserv-
ers and NetWare as part of its multi-billion-dollar effort to
become more competitive. As pa rt of the deal, Novell showed
UPS how to resolve critical network design issues-issues
Novell itself has faced in building its own network.
"The growth of our PC network has paralleled, and in
some ways even propelled, our growth as a business," says
Strang. "We've proved to ourselves, and to our customers,
that it's not only possible to grow a LAN to accommodate
a very large business, it's also remarkably easy and cost-.
effective." ^
Sax Francisco Bay Area writers Thom Elkjer and Kevin Lewis
freduently report on technology and cornmunicntions.
continued Jrom page 25
including the fluorescent labels. In contrast to the reams of
complex data that the scientists who decoded the AIDS
DNA had to decipher, theGenesis simply displays a graph
on the Macintosh screen. Under each peak on the graph is
an A, T, C, or G, appearing in the order in which the bases
are found in the DNA chain.
The Genesis can read 10,000 bases a day. Taking into
account both the time it takes to prepare DNA for analysis
and the time required for repeating experiments, a single
lab technician using the Genesis can now sequence the
DNA of the AIDS virus in less than a week, compared to
the six months it took before.
Among the prospective customers for the Genesis se-
quencerare many organizations not engaged in biological
research, including the FBI. Their interest is in using the
system for "genetic fingerprinting; ' an identification method
based on DNA. For example, DNA from skin cells or blood
samples found at a crime scene can be compared to the
DNA of a suspect. Since the DNA of each individual con-
tains unique segments, identifications can be made with
virtually 100 percent accuracy. Tlus is a tremendous im-
provementover techniques such as hair analysis and blood
typing, which can eliminate suspects but never prove guilt,
since many people have similar hair or the same blood
type. Genetic fingerprinting has already been used in some
states as evidence in murder and rape cases.
But Dam and his DuPont colleagues are most enthu-
siastic about the system's potential medical research
applications. "With this instnunent, people can read the
genetic code for an infectious organism relatively quickly,"
he says. "They can then find a unique piece of DNA and
use it as a basis for developing a diagnostic test or a
vaccine for the disease."
The genes for hereditary human illnesses--such as mus-
culardystrophy, cystic fibrosis, Huntington's disease, he-
mophilia, and sickle cell anemia~ould also be read by
theGenesis faster than by any other method. And thefaster
basic research on illnesses can be completed, the faster
medical scientists can develop new treatments.
The research on AIDS that began with decoding its
DNA continues. In fact, almost all research studies on
potential treatments and diagnostic tests for AIDS use its
DNA sequence as a starting point. "As it turns out, the
virus has nine genes," says Mark Pearson, director of Mo-
lecular Biology at Du font's Experimental Station, "and
all of them are potential targets for drugs designed to
combat the disease." ^
Lucille Day is a science writer at Lawrence Berkeeet/ Laboratory,
Berkeley, California She frerluetttly writes on science and tech-
nologl/ for newspapers and rna~cazines.
continued Jrom j~age 2~
name, county, acreage, project manager, purchase, and sales
price. It's a moving database that's updated every 30 days:'
Financial analyst Michael Joyce is responsible for see-
ing thatTPL's 60 project managers in the field are equipped
with the best information when they approach landowners.
Acustom-written t<ix-benefit analysis program churns out
estimates on how muds tax money can be saved by land-
owners who make deductible 'bargain sale' land dona-
tions to the Trust.
TPL's heart may be with the land, but its head must be
concerned with cash flow. "A lot of our properties are
optioned, and we must meet those obligations promptly,"
says Rosen. "We want to operate efficiently so we don't
get saddled with late charges, legal fees, and other ex-
penses. bVe couldn't do it without PCs."
Rosen knows that when you deal with boards of direc-
tors orcity managers, you need to wave stats, not banners.
Most decision-ma kers don't wa nt to look at pine trees; they
want to see pie charts. "Five years ago, when we only had
one computer, we were handcuffed. The. computer tech-
nologythat we've invested in has given us new arms, legs,
eyes, and ears. Thanks to computers, the now close a real
estate transaction in the public nlterest every other business
day of the year."
[For information about the "Crust for Public Land office
nearest you, contact Susan Ives, director of public affairs,
at (415) 495-4014.1 ^
Gar Smith is n California-based frre°lance zc~riterand cditorvf the
Earth Island Journal.
56 SEPTEDfI3ER;'O(,'TO[31:R 1989