HomeMy WebLinkAbout1978-08-28 P&Z PacketJ. Informational Items
-,I PENINSULA PENINSULA BOROUGH
MEETING OF THE PLANNING ZONING COMMISSION
August 28, 1978
BOROUGH•ADMINISTRATION BUILDING SOLDOTNA
A G E N D A
A. Ca11 To Order
B. Agenda Approval
C. Commissioners
1. Excused Absences.
D. Approval of Minutes
1. Plat Committee July 17, 1978
E. Public Presentations with Prior Notice
F. Public Hearings
H. State of Alaska Department of Natural Resources
1. A.S. 29.33.200 Correspondence to Surveyors
2. Kenai Peninsula Conservation Society Mr. Bill Schrier
3. Shore Fishery Lease Application: A.p.L. 200578
4. Dept. of Army Public Notice
Kenai. River 35
K. Public Presentations Without Prior Notice
L. Director's Report
M. Commissioner's Comments
N. Adjourn
NEXT SCHEDULED MEETING OF THE PLANNING AND
ZONING COMMISSION September 18, 1978 IN HOMER
1. Landfill Site Mile 34.7 Seward Highway, North of Moose Pass
2. Ordinance 78 -51 Amending Section 21.66.020 B Pertaining
to Homer Advisory Planning Commission Members.
G. Request for Approval of Fee Schedule for City of Homer Zoning
Ordinance Administration.
1. A.D.L. 200238 Alaska Academy of Horticultural Sciences
2. Public Auction Section 21, Lots 35 37
3. Issuing of Interagency Land Management Assignments to Division
of Parks.
I. Request from Osmar's Ocean Specialties, Inc.
Request for purchase of Borough Land 2.7 acres, Sec. 1, T3N, R12W
NEXT SCHEDULED MEETING OF THE PLAT COMMITTEE September 11, 1978
08 -HGLk
Mr. Jeff Otteson
Senior Planner
Kenai Peninsula Borough
P.O. Box 850
Soldotna, Alaska 99611
Dear Mr. Otteson:
BP C3?,'Mif`T &h FtLI<;E is KK,,''
Eco 'aomiNc E)I.�aHEF OE�K�2EI�
AASKA PUBLIC UTILITIES COMMISSION
August 24, 1978
Re: Application of Burton Carver Co. Inc., for a
permit to use a site at Mile 34.7, Seward Highway,
for sanitary landfill operations.
The Commission commends the interest, effort and cooperation demon-
strated by the U.S. Forest Service in attempting to solve the vexing
LLLj D ALO 2 8 1978
So S. IWIMOIV11, 601'FFICaV
1100 MACKAY BUILDING
338 DENALI STREET
ANCHORAGE, ALASKA 99501
During the course of its investigation into the quality of garbage and
refuse collection and'disposal public utility service being provided
customers along Turnagain Arm and the Seward and Sterling Highway
corridors, it has become apparent to the Commission that early selection
of a suitable sanitary landfill site within or immediately adjacent to
the utility's service area is critical to the provision of efficient,
economical', continuous, uninterrupted service and the preservation of
the public health, welfare and safety of the residents and users of the
area served.
On the basis of its present information, the record before the Connis-
sion in Docket U -78 -49 based both on Staff investigation conducted by
I. W. Mitchell, Utilities Engineer II, and Ms. Lynn Hume, Consumer
Protection Officer I, the testimony in public hearings in the matter,
and Staff recommendation the Commission believes the public interest
would be served by approving the Burton Carver application to use the
proposed site at Mile 34.7 of the Seward Highway for a sanitary disposal
service which Carver recently has acquired from Alpine Refuse, Inc.
Carver's application for transfer of the Alpine certificate of public
convenience and necessity is pending before the Commission. Regardless
of which utility is certificated to serve the area, the selection of a
suitable sanitary landfill site for garbage and refuse disposal in the
area is essential
Page 2, Mr. J. Otteson, Kenai Peninsula Borough Aug. 24, 1978
problem faced by the garbage and refuse public utility with respect
to sanitary landfill site selection in the Alpine /Carver service area.
cc: TMTr. Clay Beal,
Federal Forest Supervisor
Nr. Ronald Rice,
Asst. Borough Engineer
Kenai Peninsula Borough
Mr. Burton Carver,Soldotna
SCH:rs
Very ly yours,
Gordon J. Z
Chairman
August 25, 1978
STAFF REPORT
To: BOROUGH PLANNING COMMISSION MEMBERS
Re: Alaska Academy of Horticultural Sciences
Request for State Land.
Agenda Item II -1, August 28, 1978.
Zoning Compliance
The proposed land use complies with the zoning.
Borough Land Selections.
A portion of the land requested in Section 15, T5N, R10W, is
Borough selected. Section 16 is school land and is open to
Borough selection under the Municipal. Lands Act passed by
the Legislature last session. The Borough Land Management
Office plans to review all the school lands to determine if
selection applications should be submitted. Any lease on
land selected and eventually acquired by the Borough would
probably have to be honored.
OEDP Action.
The OEDP Committee heard Mr. James' presentation on the
Alaska Academy of Horticultural Sciences on March 9, 1978. A
motion to go on record as not supporting the proposal as it
was submitted carried unanimously.
itit_ H 1
MEMORANDUM
VI- "N C
BOX 850 SOLDOTNA,ALASKA 99669
PHONE 262 -4441
TO: Phil Waring, Planning Director
FROM: Donald Thomas, Land Management
DATE: August 28, 1978
SUBJECT: Sale of land; S 1/2 of S 1/2, Lot 3, Section 1,
T3N, R12W, S.B. &M.
It is located approximately 1500 feet from the mouth of the
Kasilof River.
Title to the land is currently held by Kenai Peninsula Borough.
DON GILMAN
MAYOR
On February 13, 1978, Osmar Ocean Specialties Inc. of Clam Gulch,
Alaska, requested permission to lease the above parcel from the
Borough.
The land's approximate dimensions are 350 feet along the east bank
by 320' X 330' X 280' containing some 2.73 acres M /L.
Generally the parcel is flat and level to the riverbank where
it drops off some three to four feet to the river channel. The
soil survey identifies the soil along the river as a tidal flat
that is inundated every day at high tide and consists of chiefly
layers of clay and sandy material that support no vegetation.
The soil type east and adjacent to the tidal flat is a clam gulch
silt loam, that is characterized by a poorly drained silt loam
and silty clay loam covered with a mat of moss grasses and horse-
tails. These types of soil would eliminate this area from ever
being subdivided.
This parcel falls under Section 10 of the River and Harbor Act
of 1899, which prohibits the alteration of any navigable water
of the United States, and Section 404 of Clean Water Act of 1979,
which requires a permit for the discharge of dredged or fill
material into all waters of the United States including wet land.
Memorandum
Phil Waring
Page 2
The acts do not prohibit development of the site, but rather are
designed to control the type of development by means of a permit
system. Mr. Will Venice of the Corp. of Engineers was contacted
on May 23 and again on June 26, 1978, it appears that the parcels
can he developed within moderate restrictions as outlined by the
Corps.
It would appear due to the types of soil location that the highest
and best use of this land would be to attract maritime commercial
uses. This is what Mr. Osmar has in mind. He wants to develop
the parcel into a buying station for salmon, halibut and bottom
fish. In your agenda you have a letter to the Borough and Corp.
of Engineers showing Mr. Osmar's good faith and intent.
The Kenai Peninsula Borough had offered this parcel of ground to
the Mental Health Board in trade for the Soldotna High School site.
What made this such a desirable parcel was the lease that Mr. Osmar
had requested. The. Mental Health Board required that parcel used
for exchange have either commercial or industrial potential. They
wanted something that would produce an income for mental health.
The Borough had the land appraised by a private firm. The value
established for this 2.73 acres developed to it's highest and
best use was $22,000.00 (twenty -two thousand dollars). This price
Mr. Osmar is willing to pay.
With the enactment of House Bill 133, which is the Land Entitle-
ment Bill to local government, the division lands has taken the
responsibility for mental health land. Therefore, we no longer
have to trade Borough land. Due to the location of this parcel
the Land Management Section would recommend selling this parcel
to Osmar's Ocean Specialties for the amount of $22,000.00 (twenty
two thousand dollars).
DET /mk
REPLY TO
ATTENTION OF
NPACO -RF
Kenai River 35
D EPARTMENT OF THE ARMY
ALASKA DISTRICT. CORPS OF ENGINEERS
P.C. BOX 7002
ANCHORAGE. ALASKA 99510
REGULATORY FUNCTIONS BRANCH
(907) 279-4123
PU LC NOTICE
NPACO No. 071- 0YD -1- 770346
NI) ALmG 2 2 1973
23 August 1978
Application has been received in this office from Mr. Leo A. Phillips on
behalf of Phillips- Patmon -Spees d.b.a. Poachers Cove Camper Park, Box 1177,
Soldotna, Alaska 99669, telephone (907) 252 -4893, for a Department of
the Army permit under Section 10 of the River and Harbor Act of 1899
(30 Stat. 1151; 33 U.S.C. 403) to dredge 600 cubic yards of material from
an existing channel and to excavate a connection between an upland boat
harbor and the Kenai River near Big Eddy Road at Soldotna, Alaska, as
shown on the plan attached to this notice.
The applicant proposes to dredge 600 cubic yards of material from an.
existing channel to a depth. of approximately 1' below ordinary low water
to provide sufficient depth for boats at low water. This Will be done
by a scraper or drag line at extreme low water levels. The dredged
material will be placed upland on the banks of the proposed boat harbor.
The applicant also proposes to excavate approximately 26,000 cubic yards
of material to construct a boat harbor at a depth of 0.5' above ordinary
low water. The excavated material will he deposited upland on the banks
of the proposed harbor and the surrounding area to improve the applicant's
camper park. The boat harbor will provide public access to the Kenai
River.
The existing channel. between the proposed boat harbor and the Kenai
River was constructed in 1959 in conjunction with the natural gas pipeline
river crossing at the site. The vegetation of the banks on the existing
channel will not be disturbed.
The proposed excavation of the connection between the existing channel
and the proposed boat harbor will occur after the excavation of the boat
harbor is complete.
The Kenai River adjacent to the site is a navigable waterway. If
permitted, the authorization will be for the dredging of existing
channel and the excavation of the connection between the existing
channel and the proposed boat harbor. Once the authorized connection
has been made, any further expansion or construction in the boat harbor
may require additional Department of the Army permits.
If authorized, the applicant proposes to dredge and excavate the boat
harbor and the connection during the 1979 construction season.
Preliminary determinations indicate the issuance of this peimit'is not a
major Federal action significantly affecting the human environment, and
an environmental. impact statement is not required.
The National Register of Historic Places and the latest published version
of the Federal Register have been consulted in regard to the proposed
activity. 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.
Preliminary determinations indicate that the proposed activity will not
affect an endangered species or their critical habitat designated as
endangered or threatened pursuant to the Endangered Species Act of 1973
(87 Stat. 844). Formal consultation pursuant to Section 7 of the Act
with the Department of Interior is not required for this proposed activity.
Interested parties are requested to submit in writing any comments or
objections that they may have to the proposed work. The decision whether
to issue a permit will be based on an evaluation of the probable impact
of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to
accrue from the proposal must he balanced against its reasonably foresee-
able detriments. All factors which may be relevant to the proposal will
be considered; among these are conservation, economics, aesthetics,
general environmental concerns, historic values, fish and wildlife
values, flood damage prevention, land use, navigation, recreation, water
supply, water quality, energy needs, safety, food production, and, in
general, the needs and welfare of the people. No permit will be granted
unless its issuance is found to be in the public interest.
Replies to this notice should be mailed to reach the Alaska District,
Corps of Engineers, A11'N: Regulatory Functions Branch, P.O. Box 7002,
Anchorage, Alaska 99510, not later than :f%cSeptember 1978 to insure con-
sideration.
FOR 'Illli DISTRICT ENGINEER:
1 Incl
Plan
£C51 r`
DAVID L. ROBBINS
Chief, Construction /Operations Division
6,,i SdW
PURPOSE' SMALL BOAT MOORAGE
FOR CAMPER PARK
WI/sin 5461
PROPOSED DRE
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KENAI RIVER 55
PROPOSED DREDGING AND
EXCAVATION OF CONNECTION
FOR SMALL BOAT HARBOR
I ALASKA
APPLICATf&N.. E3Y
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KENAI RIVER 35
PROPOSED DREDGING AND
,EXCAVATION. OF CONNECTION
FOR:SMALL BOAT HARBOR:
XENAI RIVER
-NtAR:SOI_DOTNA ALASIAA----
APPLICATION 3Y:
PHILLIPS PriTMOIN,SP (kW
PQPCHER COVE atv\CER PcMs
5hci 2 QC?. 31 NNW 78