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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 xisr IN i 9 5 Char NeI VrAWcri(P CF oravttr or) FRO/AA USES QUAD KENAI (c 3) Noe=s' 4.777.= r x.24000 d/ /o /'e Cp drej ed ed 0/7., i filesAon Clnoer erne oWfrer� 7iF KENAI RIVER 55 PROPOSED DREDGING AND EXCAVATION OF CONNECTION FOR SMALL BOAT HARBOR I ALASKA APPLICATf&N.. E3Y PHI( I (PS PATMDN..SPFES d,.¢ POACHE R6 CUUE CAU Sheet loft 3/ 9 7s NJ- t' _,42A /QM. f 5 f. tier" 2r<l-) P.- P■ 50' itonz 11, 5' vet/ S/ope 0. czp c-e cc NT t2/C rig Vct efrvo,kro ij w. V 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