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HomeMy WebLinkAbout1972 P&ZSource CSIM 290 L2 -',1T' -'7S OF ALr'�S K -t% 1972 Chapter No. 89 AN ACT Relating to land subdivision. BE IT ET -"ACTED BY THE LEGISLATURE OF THE STATE OF ALASI.a: *Section 1.. AS 40.15.110 is repealed and re-enacted to read: Sec. 40.15.110. WAIVER IN CERTAIN CASES. (a) The . platting authority shall, in. individual cases, waive the preparation., submission for approval, and recording of a plat upon satisfactory evidence that: (1) each tract or parcel of land will have adequate access to a public highway or street; (2) each parcel created is five acres in size or larger and that the :land is divided into four or fewer parcels; (3) the conveyance is not made for the pur- pose of, or in connection with, a present or projected subdivision development; (4) no dedication of a street, alley, thorough- fare or other public area is involved or required: - (b) in other cases the platting authority may waive the preparation, submission for approval, and recording of a plat, if the transaction involved does not fall with- in the general intent of this: chapter and if it is not made for the purpose or, or in connection with, a present or projected subdivision development and that no dedica- tion of a s Lreet, «ilea, thoroughfare, part; or other public area is involved or required. *Sec. 2. AS 40.15 is amended by adding a new section to read: -2- Approvo,cLy -Vovc!r., I icr: May 30, 1972 Actual efffoctivc- date: August 28, 1972 Chapter. 89 S --c. 40.15.200. .7,11PLICA'."IO'N TO ST7111TE 1,"D POLITICAL SUD'DIVISIO:_4S. su:3divisions of land made by the state, its ag.,ncj_e3, _instru--,2nt_al_J_ ties and political subdivisions are su'Dject to the provisions of this chapter and shall Co-inlw T,Ti tYh I nr,�l -rrr-Ti11f-irir)S ar7inni-r_irl iinr�r'r t'his chanf-cr a 17 - in the same manner and to i -he sar,'IE2 extent as subdivisions made by other la-ndowners. t § 29.33.170 ALASKA STATUTES § 29.33.190 board. The board shall state on its record and in writing to the ap- plicant its reason for disapproval of a plat. (b) The platting board shall submit an approved plat to the dis- trict recorder in compliance with AS 40.15.010--110.15.020. (§ 2 ch 118 SLA 1972) Sec. 29.33.170. 1�71iver in certain cases. (a) The platting au- thority shall, in individual cases, waive the preparation, submis- sion for approval, and recording of a plat upon satisfactory evi- dence that (1) cacti tract or parcel of land will Have adequate access to a public hig'away or street; (2) each parcel created is five acres in size or larger and that the land is divided into four or fewer parcels; (3) the conveyance is not made for the purpose of, or in con- nection with, a present or projected subdivision development; (4) no dedication of a street, alley, thoroughfare or other public fi area is involved or required. (b) In other cases the platting authority may waive the prepa- ration, submission for approval, and recording of a plat, if the transaction involved does not fall within the general intent of §§ 29.33.150-29.33.240 of this chapter and AS 40.15 if it is not made for the lnirpose of, or in connection with, a present or pro- jected subdivision development and no dedication of a street, alley, thoroughfare, park or other public area is involved or required. (§ 2 ch 118 SLA 1972) a � See. 29.33180. Information required. A plat shall show initial point of survey, original or reestablished corners and their de- scriptions, and actual traverse showing area of closure and all distances, angles and calculations required to determine initial point, corners and distances of the plat, as well as other informa- tion which may be required by ordinance. (§ 2 ch IIS SLA 1972) Sec. 29.33.190. Penalties. (a) The owner or agent of the owner of land located within a subdivision who transfers, sells, or enters into a contract to sell land in a subdivision before -a plat of the subdivision has been prepared, approved, and recorded, is guilty of -a misdemeanor and upon conviction is punishable by a fine of not more than 4500 for each lot or parcel transferred, sold, or in- cluded in a contract to be sold. The platting board may enjoin a transfer, sale, or contract to sell, and may recover the penalty by appropriate legal action. (b) No person may record a plat or seek to have a plat recorded unless it bears the approval of the plattin=g board. A person who knowingly violates this requiremont is punishable upon conviction by a fine of not more than 4500. (§ 2 ch IIS SLA 1972) 60 l Sec.�14-20 (g) Parks, school sites, etc. In subdividing property, consideration shall be given to ­itsble sites for schools, parks, playgrounds, and other common areas for public: use so as to conform to any recozur�iendations of the City Plan. Any provision for schools, parks, and playgrounds should be indicated on the preliminary plan in order that it may be determined when and in what manner such areas will 'be provided or acquired by the appropriate taxing agency. (h) Easements al:mrag streams. Whenever any stream or important drain- age course is located In an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose -of widening, deepening, sloping, improving, or protecting the stream for drainage purposes. (Ord. 11) Sec. 7, 1-i0-1962; Ord. 104, Sec. 1, 12-7-: 1966; Ord. 151, Sec. 1, 12-4-1968; Ord. 155, Sec. 8, 2a-19-1969.) Minimum improvements required Section 14-20. Receipt of the signed copy of the approved preliminary plan is authorization for the subdivider to proceed with the preparation of plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improve- ments required (or to the submission of a bond in lieu thereof), the sub- divider shall furnish the city planning commission all plans, information, sad data necessary to determine the character of said improvements. These . plans shall be examined by the city engineer or a professional engineer under contract to review all subdivisions by the planning commission, and will -be approved if in accordance with the requirements of this section. Following this approval construction can be started (or the amount of a bond determined). No final or official plat of any subdivision shall be approved unless: (a) The improvements listed in the following subsections have been installed prior to such approval, or (b) The subdivider shall file with the city clerk a surety bond, cashier's check, or a certified check upon an Alaskan bank conditioned to secure the construction of the improvements listed in the following sub- sections in a satisfactory manner and within a period specified by the city council, but such period shall not exceed two years. No such bond or check shall be accepted unless it be enforceable by or payable to the city in a sum -at least equal to the cost of constructing the improvements as estimated by the city engineer or his equivalent under contract by the city, and in form with surety and conditions approved by the city attorney. (1) Street imorovements. All street and. public w�:ys shall be graded to their full width and to the appropriate grade, and shall be siu°faced to a minimum width of thirty (30) feet in accordance with applicable standard specifications of the city, and all streets in any subdivision that the city planning commission shall designate as major streets shall be surfaced to a minimum width of'forty (40) feet. The cross section of construction shall contain non -frost susceptible material to the depth of 42" from appropriate_ grade, and in the absence of any other specified depth by applicable standard specifications of the city. Such construction shall be subject to inspection and approval by the city engineer or his equivalent under contract by the city, and shall comply with all applicable city standards for construction. (2) Sidewalks. Concrete sidewalks, not less than four (4) feet in width, shall be curstructed along at least one side of all major streets and arterial streets, The planning commission may also require the con- struction of sidewalks ei-or g at least one side of minor streets. (In subdivisions of 10 lots or tie subdivider will include a covenant nn (Change No. 2, 1969) - Page 14-10 ,_ . 8 Sec. 14-21 the recorded plat that when an improvement district ie formed, the real property involved will be a part of°the improvement district without further action by the than owner of the property in question.) (3) Water lines. In subdivisions of 10 or more lots, an approved pub lic water supply shall be provided for each lot within the subdivision area. Water mains shall be buried at least eight (8) feet deep with the depth to be determined by measuring from the grade line of the planned preliminary future street grades or, if there are no planned future street grades, from the natural grade of the adjacent right-of-way to the top of the main being installed. Fire hydrants shall also be installed in all subdivisions and in accordance with the specifications of the National Board of Fire Underwriters. (In subdivisions of ten (10) lots or less, the subdivider will include a covenant on the recorded plat that when an improvement district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property in question.) (4) Sanitary sewers. The subdivider shall install sanitary sewer lines to serve each lot. All such sewer lines shall be constructed in, accordance with regulations and requirements of, and under the supervision of the city engineer's office or his equivalent under contract by the city, if such . sanitary sewers are available for connection by the said subdivider and are located within 1500' of the subdivider's nearest lot line. (5) Drainage. All necessary facilities, either underground pipe or drainage ditches, shall be installed to provide adequate disposal of surface water and to maintain any natural water courses. (e) In the event a subdivider is unable to comply with the requirements of this section, then any plat shall contain a covenant that all of the lots in any subdivision, as defined in this article, shall be subject to -assess- ment for any of the improvements required herein when installed at a.future time by the city, provided that insertion of covenants on a plat shall not be permitted in lieu of installation of street improvements for new sub- divisions as provided in this section except for subdivisions fronting on dedicated streets or streets dedicated in federal patents or in subdivisions of two and a half acre homesites (or smaller), owned by the original patentee. (Ord. 11, Sec. $, 1-10-1962; Ord. 36, Sec. 1, 1-2-1963; Ord. 44, Sec. 1., 7-17-1963.) Variations and exceptions Section 14-21. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations Would result in real difficulties or substantial hardship or injustice, the city council, after report by the planning commission, may vary or modify such requirements so that the subdivider may develop his property in'a reason- able manner, but so that at the same time, the public welfare and interests of the city and surrounding areas are protected and the general intent and spirit of these regulations preserved. (Ord. 11, See. 9, 1-10-1962.) Enforcement Section 14-22. (a) No plat of any subdivision shall be qualified for recording in the office of the district magistrate of the State of Alaska or have any validity until it shall have been approved in the manner prescribed herein. (b) The city council shall not permit any public improvements over which it has any control to be made, or any money expended for improvements (Change No. 1, 1967) - Page 14-11 - See. 16-12 Article 2 Streets and Drainage: Construction Definitions Section 18-12. Definitions applicable to streets of the City of Kenai, Alaska, are set forth in Sec. 14-14 of the Code of the City of Kenai,, 1963, said definitions being incorporated herein by reference as though set forth in full in this ordinance. (Ord. 90, Sec. 1, 7-7-1965.) Street building permits I Section 18-13. Any person requesting initial acceptance of a street for maintenance and snow removal by the city shall obtain a street building permit prior to construction of the said street. Construction in accordance with standards.prescribed by the city will be the duty of .the applicant and the burden of proving compliance is upon the person constructing said street. Fee for such permit shall be $10.00 and shall be paid to the city clerk at the time of application for said permit. Said fee shall not be refunded if said permit is refused. (Ord. 90, Sec. 1, 7-7-1965.) Street improvements Section 18-14. All street and public ways shall be graded to their full width, as required by the city manager,- and to the appropriate grade, and shall be surfaced to a minimum width of thirty (30) feet, and all major streets shall be surfaced to a minimum width of forty (40) feet. The cross section of construction shall contain non -frost susceptible material to the depth of 42", or down to sand, as required by the city manager, from the grade approved by the city, then there shall be added non -frost susceptible material 18" of the normal surface grade of the adjacent lots; or as. established by the city manager, there shall be added thereon gravel: approved by the city mmlager.for a depth of 6", so the crown of the finished street shall be not less than 12" from normal surface -grade of the adjacent lots before compaction of the gravel. Such construction shall be subject to' inspection and approval. by the city manager, and shall comply with all applicable city standards for construction. (Ord. 90'. Sec. 1, 7-7-1965.) Street drainage Section 18-15. Persons constructing streets within the City of Kenai, Alaska, shall provide underground pipe, or adequate drainage ditches, to dispose of surface water run-off and for maintenance of any natural water courses. Plans for such drainage shall be submitted with the application and shall be a part of the construction permit required by the city. The city reserves the right to specify quality of material and sizes required for all culverts and drainage. (Ord. 90, Sec, 1, 7-7-1965.) Curb cuts and driveways � Section 18-16. No person shall make any opening in or through any ic place without first obtaining a street curb of any street, alley, or pub l building permit from the city, which permit shall be displayed on the job site. Any installation of such driveways, culverts, shall be of a type approved by the city. (Ord. go, Sec. 1, 7-7-1965.) Signs obstructing view Section 18-17. No person shall place any sign, sbrul-",ry, or other raffic. Buildings constructed thing obstructing the view of oncoming tV (Change No. 2, 1969) - Page 18-3 - Sec - 18-17 under the provisions of the Planning and Zoning Ordinances shall be (.Ord. 90,. Sec. 1, 7-7-1965.) constructed to comply with this provision. Article 3 Excavators. Pipelayers. etc. Permit required; bond: insurance Section 18-18. No excavator, pipelayer or other tradesman, craftsman or contractor, whether an individual, partnership,'joint venturer or corpo- ration doing excavation or pipelaying work for or on behalf of any private property.owner shall perform any such work in, on or under the public right- of-way or any public utility easement within the City without first having applied for and having received a permit from the City to perform such work. To qualify for such permit an individual or firm must pay a permit fee of five dollars ($5.00), and furnish the City with: (1) A Contractor's'Permit Bond in the sum of $5,000 to protect and indemnify the City against any loss, cost, expense or damage to the real or personal property of the City, including the underground piping., lines, fittings, valves or conduit, occasioned by the acts of the excavator or pipelayer, or the principals'or employees or representatives thereof, ereof, while such work for the benefit of a private property owner is being per- formed; or, in lieu of such bond, a deposit of $5,000 in cash, certified check or cashier's check as a security deposit to protect and indemnify the City against any such loss. (2) Certificates of insurance (with stipulation that the City as certificate holder, will be given 15 days' notice of intent to cancel) evidencing: (A) Not less than $100,000 of bodily injury liability coverage per individual and $300,000 per accident, nor less than $25,000 of property damage liability coverage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage includes hazards from explosion, collapse, and damage to underground wires, conduits,, pipes, fittings, mains, sewers or other similar property. Such certificate shall further clearly indicate that the document of indemnity required pursuant to the pro- visions of sub -paragraph (3) of this Section 18-18 has been incorporated into and made part of the applicable insurance policy. (B) Workmen's Compensation insurance in accordance with the laws of Alaska. (3) An executed document of indemnity saving the City harmless against any loss or damages due to the negligence of the permittee while the excavation or pipelaying work is being performed. (Ord. 125, See. 1, 9-20-1967.) Permit to be issued; coordination with city; signs, etc. Section 18-19. Upon receipt of a satisfactory permit bond, of cer- tificates of liability insurance and Workmen's Compensation coverage, of • document of indemnity, and payment of the permit fee, the City shall issue • permit to the applicant granting authority, for the balance of the calendar year, to enter upon the public right-of-way or public utility easement to perform such work as may be required for the benefit of the private home- owner authorizing and contracting such work. It shall be the responsibility of the contractor, however, to coordinate his work schedule with the City to assure that adequate and timely notice is given to the fire, police and utility departments, and to insure that schedul- (Change No. 2, 1969) - page 18-4 Sec, 3,7-26 and regulations adopted prior to enactment of this addition to the City of Kenai Cade, '196', are hereby ratified and approved and continued in full force and effect until further amended or repealed by subsequent action of•the city administrator in accordance with acceptable procedures for.the adoption of rules and regulations. (Ord. 91, Sec. 2,,- 9-1-1965-) Sections 17-26 to 17-33- (These sections, as they appeared in the Kenai City Code 1963 originally, were repealed by Ord. 91, Sec.* 1.) Parking automobiles and aircraft, Section -17-34. It is unlawful for any person to park any automobile or aircraft in any area contrary to the designation for that area on the Kenai Municipal Airport) the lands of the Kenai Municipal Airport Terminal System, or fail to obey the proper regulations for the control of ground traffic as established by the.airport manager or his designated representative.. Said airport manager or�his designated representative shall be vested with full police powers under the authority of this city to enforce the provisions of this section. (Ord. 5, Sec. 1, 1-17-1961; Ord. 116, See. 1., 6-7-1967-) Note: For the Alaska Municipal Airport Act, see Alaska Statutes, Sect:Co—ns 29-60-010 et seq, For state law relating to aeronautics generally, see Alaska -Statutes, Title 2. Sections 17-35 to 17-49- (Blank) Article 3 Water System Definitions pertaining to water system Section,17-50. -(a) "Water main" shall mean that part of the 'Water distribution system intended to serve more than one water connection. (b) The term "water connection" shall mean that part of the water distribu- tion system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribu- tion system extending from the water connection into the premises served. (Ord. 65, See. 1, 5-20-1964.) Water: Connections; supervision; perinit; fees provided ' Section 17-51- (a) Water connections to city water main shall be installed only by the city, or by city -approved contractors, and then, except as.provided elsewhere in this code, only upon payment of the fee as Provided by the rules and rates schedules adopted pursuant ito this code. (b) No person shall install a water extension without first obtaining and paying for a written permit fram the person designated to issue such permit or from the city engineer. (Ord. 65., Sec. 1, 5-20-1964.) Water: Private systems; connection; permit; fees Section 17-52- (a) No person shall construct any private water main which will be served directly or indirectly by the city water distribution system without first obtaining and paying for a written permit from the. person designated to issue such permits, or from the city engineer, said permit to prescribe the conditions of such construction. (b) No person shall install any water connection to any private main which will be served directly or indirectly by the city urater distribution system without first obtaining and paying for a written permit from the (Change No. 1, 1967) - Page 17-12 - e. es, y; Seca 17-53 } person•designated by the council to issue such permit, or from the city engineer,.and said permit shall specify conditions prescribed for said installation. (c) No person shall install any water extension from water connection of any private water main which will be served directly or indirectly by the city water distribution system without first obtaining and paying for a written permit from the person designated by the council to issue such permits, or from the city engineer and such permit shall state conditions prescribed.by him. (Ord. 65, Sec. 1,,5-20-1964.) -Water: Condition of service; rales . Section 17-53. (a) %o property shall be served directly or indirectly by the city water distribution system unless the person so served, or his authorized representsciv, has first entered into a contract with the city for such service. No water shall be sold outside the city unless the premises served comply with standards specified for the city. (b) The maszr er of city water distribution system is hereby empowered :to discontinue water service for non-payment of any utility service charges, connection fees, and the like. Utility,billing-and deposits for water service shall be as provided in rules and regulations for administration of this water system. (c) No person other than an authorized employee, or designated 'contractor, of the city shall turn on or off any water service. (d) No water main connection or extension shall be covered until it is inspected and approved by the city engineer or other designated authority, who"shall be notified -;hen such construction is ready for inspection. (e) No person shill refuse to admit, after notice and at reasonable . hours, to premises owned or occupied by him, or hinder, any authorized agent of the city entering such premises for the purpose of inspecting any piping in connection;•pit.1x the water distribution system. (f) No consumer shall resell water. (g) The city aduainistrator is hereby empowered, subject to approval by the council, to make such rules and regulations not in conflict with the provisions of this code, relative to.water mains, connections, extensions and rates which will be served directly or indirectly -by the water distribution system, or to water billing &ad collections as axe necessary to protect public property or the safety and health of the public, and no person shall fail to comply with any such rule or regulation. Water service may be discontinued. for non-payment of any utility service charges. (Ord. 65, Sec. 1, 5-20-1964.) Water: Frozen pipes; extensions; responsibility Section 17-54. Consumers will be responsible for all frozen water connections and extensions, and the city will not be responsible therefor. The city will maintain all water corm ctions except for damages resulting from freezing. The city will in no way be responsible for water extensions. (Ord. 65, Sec. 1, 5-20-1964.) Water: Discontinuance of supply; notice; reliability Section 17-55. Water may at any time be shut off from water main without notice for repairs, extensions or other necessary purposes. The city will not be liable to the consumeir for any loss or damage which may be caused by the failure of the city to deliver water. 14Th: nevar. feasible the city shall give public notice of r +.to .°w,, last shs.11 not be bound to do so. (Ord. 65, ; Sec. 1, 5-20-1964.) (Change No. 1, 1967) - i`r u ?1 -13 sec.' .17-56 Water: -. Schedule of --atea; rules and regulations Section 17-56. The schedule designated as City of Kenai Water Utility Elates and Regulations, upon promulgation by the city administrator and upon. being approved by the city council, shall establish the rates and regulations for administration of the water utility system effective 1 June, 1964. All water utility service furnishedby the City of Kenai after said effective date shall be billed according to said schedule except for special contracts where usual circumstances exist, and no such contract shall be effective until the same shall have been approved by the city council.. The City of Kenai Water Utility Rates and Regulations need not be printed in the Code of the City of Kenai, 1963. (Ord. 6•5, Sec. 1, ..5-2o-1964.) Article 4 Sewer System Sewer system: Definitions Section 17-57: (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more than one sewer connection. (b) The term "sewer connection" shall mean that part of the sewerage system connecting the sewer main and the lot line of _abutting property. (c) The term."sewer extension" shall mean that part of the sewerage system extending from the sewer connection into the premises served.. (Ord. 65, Sec. 1, 5-20-196+.) Sewers: Connections; extensions; permit; fees; check valve Section 17-58. (a) Sewer connections to city sewer mains shall be installed only by the city, or by a city approved contractor. The city shall bill the property owner for labor and materials, plus ten per cent or such flat rate amounts as may be established by the city administrator and approved by the city council. (b) No person shall install a sewer extension without first obtaining and paying for a written permit from the city engineer. . .(c) No person shall install a sewer connection without a check. valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connection. (Ord. 65, Sec. 1, 5-20-1964.) Sewers: Private main; permit; fees; extensions Section 17-59. (a) No person shall construct any private sewer main which will be served directly or indirectly by the city sewerage system without first obtaining and paying for a written permit from the city engineer under and outlining conditions prescribed by him. (b) No person shall install any sewer connection to any private sewer main which will be served directly or indirectly by the city sewerage system without first obtaining and paying for a written permit from the person designated, or the city engineer under and outlining conditions prescribed by him. (c) No person shall install any sewer extension from a connection of any private sewer main which will be served directly or indirectly by the city sewerage system without first obtaining and paying for a written permit from the city engineer under and outlining conditions prescribed by him. (Ord. 65, Sec. 1, 5-20-196+.) (Change No. 1, 1967) - Page 17-14 - See. 17-60. Severs-: Service outside the city; approval required; monthly sever charge Section 17-60. (a), No property located outside the limits of the city shall be served directly or indirectly by the city sewerage system unless such connection ha,,5 been authorized by council either in the individual case or as part of a sewer extension specifically authorized by council. (b) Each sewer service which is outsidethe city and connected to the city sewer system shall be charged not less than $25-00 per month and higher charges may be established by regi4atioins. The charge shall be the obligation of the owner of the premises served by the city sewer. If the .premises are occupied by a person not the owner, that person shall be jointly and severally liable for the monthly sewer charge with the owner. Failure to pay'the sewer charge when due gives the city the right to immediately discontinue sewer service to any residence upon which charge is unpaid. Discontinuance of service in no way affects the city's right to enforce collection of past due sewer charges. (Ord. 65, See. 1, 5-20-1964.) Sewers: Frozen connections; extensions; responsibility Section 17-61. Customers will be responsible for all frozen sever connections and extensions, and the city will not be responsible therefor. The city will maintain sewer connections, except for damages resulting from freezing. The city will in no way be responsible for sewer extensions. (Ord. 65, Sec. 1, 5-20-1964.) Sewers: Discontinuance of service; notice; liability .. Section 17-62. The city may at any time without notice discontinue sever service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given whenever possible but the city shall not be bound to do so. (Ord. 65, See. 1, 5-20-1964.) Sewers: Rules and regulations; additional; approval Section 17-63. The city administrator is hereby empowered, mpowered,,subject to, approval by the council, to make such rules and regulations required for operation of this system including -but not limited to, and not in conflict with the provisions of this article, relative to sever mains) connections and extensions which will be served directly or indirectly by the city sewage system as are necessary to protect public property, or the safety or health of the public, and no person shall fail to comply with any such. rule or regulation. (Ord. 65, Sec. 1, 5-20-1964.) Article 5 Private Sewer systems Mandatory connection of private sever systems Section 17-64. It shall be mandatory for the owner) operator or users of a private sever system to arrange and pay for immediate connection of said sewer system with any part of a municipal sever system in any way intersecting an existingg, private (non-iranicipal) sever system. Such connection must be accomplished in not less than 24 lours from the time the municipal sewer is available for connection. M=icipal sewer system is defined as any sewage collection and disposal system operated by, or under construction for, the City of Kenai. (Ord. 66, Sec. 1, 5-27-1964.) Standards for connect-ioii Section 17-65. Prival;e sewers intersected by mmicipal sewer line . s (Change No. 1, 19671 Page 17-15'- See 17-66 be connected to the said private sewer lines as provided by rules and regulations of*t'b- City of Kenai. That in the event such connection requires complete replacement of a so-called "private sewer line", then in that event the owner thereof shall have that portion (not including the connection to the city water main) replaced with installations conforming to the standard of construction prescribed by this code within one year from the date of the initial connection to the main sewer trunk.. (Ord. 66., Sec. 1, 5-27-1964.) Payment for connections -- Mandatory connections ' Section 17-66. Connections of private sewer lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator or user. In the event it is necessary in the interest of public health and welfaxe to connect a private sewer line before finding and notifying the owner; then the city may do so and may charge the cost of such connection to the owner, operator or user of the said private sewer line. (Ord. 66, See. 1, 5-27-1964.) Private self-contained sewage disposal systems Section 17-67. Any Private sewage systems which are self-contained on the premises of any one owner shall be replaced by a connection to the municipal sewer in not less than 12 months from the time such service becomes available to the premises in question. (Ord. 66, See, !,, 5-27-1964.) Article 6 Connection to Public Water System Mandatory connection to public water sy 2�em Section 17-68. It shall be mandatory for the owner,, operator, or users of a private well supplying water to a building serving the public in any manner to arrange ange and pay for connection of said structure or facility to the available municipal water system. Connections to the city water distribution system shall be as specified by -ordinances and regulations of the City of Kenai and applicable law and regulation of the State of Alaska relating to use of and connection to, public water systems. (Ord. 88, see. 1, 6-16-1965.) Payment for connection Section 17-69. Mandatory connections of private water systems to the city water system shall be paid for by the o,*rnerj operator or user. In the event it is necessary in the irterest of public health and welfare to connect a'private water line before finding vxid notifying Tr theoW.I e ; then the city may do so and may charge the cost of such connection -to the owner, operator, or user of the said private water supply system., (Ord. 88, Sec. 1, 6-16-1965.) Private self-contained water systema Section 17-70. Any private water system which is self contained on the premises of any one owner which supplies a facility serving the public in any manner shall be replaced by a connection to the municipal water system not later than 9-1, 1966. (Ord. 88, Sec. 1, 6-16-1965.) Persons authorized to accomplish connections Section 17-71. All connections accomplished as required heriB_fn must be accomplished by a city force or a city approved contractor. -(Ord. (Change No. 1, 1967) Page 17-16 I O-rs —I .> 1z' 0 V� _S C5 Re! b A � V". V: A A 5 DE: Deleted Proposed Change' All other, no change. KENAI PENINSULA BOROUGH PROPOSED CHANGES TO ORDINANCE NO. 26 AN ORDINANCE RELATING TO SUBDIVISION PLATS AND PLATTING. BE IT ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. Title 20 of the Kenai Peninsula Borough Code of ordinances is amended by adding a new chapter to read: CHAPTER 15. PLATTING ARTICLE I - GENERAL PROVISIONS 20.15.010 Purpose. The purpose of this chapter is to promote an adequate and efficient street and road system, to prevent congestion on streets and promote traffic safety, to secure desirable public spaces, utilities and public improve- ments, to insure the accurate survey and proper preparation of plats, and to protect and improve the health, safety and general welfare of the people. 20.15.015 Authority. This chapter is adopted under the authority of AS 07.15.30 and AS 40.15. 20.15.020 Jurisdiction. This chapter shall govern sub- division of all land within the Kenai Peninsula Borough. No subdivision plat requiring commission approval may be recorded unless approved by the commission. 20.15.025 Platting Required. No subdivision shall be approved by the commission except upon the submission of a plat prepared 4n accordance with section .035 - .070 of this chapter, proviaed: [(1) Subdivisions of land outside the limits of first class cities into aliquot parts no one of which is less than 40 acres are hereby approved and no submission to the commission is required.] ((a) Subdivision of lard outside the limits of first class cities into aliquot or proportionate parts of a regular section where no parcel created or remaining is less than 40 acres are hereby approved and no submission to the commission is required.) [ (2) Plats of subdivisions of land outside the limits of first class cities into aliquot parts no one of which is less than 10 acres are not required to comply with the survey and monumentation provisions of Section .065.1 ((b) Subdivisions of land outside the limits of first class cities into aliquot or proportionate parts of a regular section where no parcel created or remaining is less than 10 acres shall comply with the following: (1) Subdivisions containing 4 parcels or less shall comply with the final platting requirements of this ordinance, but are not required to meet the survey and monumentation requirements of Section .065. (2) Subdivisions containing 5 parcels or more shall comply with the final plat requirements of this ordinance and shall comply with the survey and monumentation requirements of Section .065 insofar as an exterior boundary survey of all exterior cor- ners. (3) Subdivisions of fractional BLM lots within a section into proportionate parts which would have been 10 acres had they not been along a correction line or intruded by bodies of water shall qualify under the terms of this section.) [(3)]((c)) Subdivisions containing six or less par- cels may be submitted, at the option of the subdivider, on a final plat omitting the preliminary plat required by Section .040 - .050. 20.15.030 Definitions. In this chapter unless otherwise provided or the context otherwise requires: -2- [(1)]((a)) "aliquot part" means a 1/2, 1/4, 1/8, 1/16, 1/32 or 1/64th rectangular portion of a regular section, or regular part of a section, excluding fractional lots. [(2)]((b)) "alley" means a public secondary access, and utilities right-of-way. [(3)]((c)) "block" means a piece or parcel of land entirely surrounded by public streets, streams, railroads, right-of-ways and parks, etc., or a combination thereof. [(4)]((d)) "commission" means Kenai Peninsula Borough Planning Commission. [(5)]((e)) "cul-de-sac" means a short, deadend street having a vehicular turnaround. [(6)]((f)) "lot" means a portion of a subdivision intended as a unit for transfer of ownership or for building development. [(7)]((g)) "lot depth" means the average distance from street right-of-way to the rear lot line, which is the lot line opposite and most distant from said street right-of- way. [(8)]((h)) "lot width" means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines. [ (9) ] ((i) ) "major street" means a street shown as a major street on the major street plan or comprehensive plan adopted by the Kenai Peninsula Borough. [(10)]((j)) "planting strip" means a strip of land between the roadway and the sidewalk or sidewalk site. [(11)]((k)) "roadway" means the portion of a street designated for vehicular traffic. Where curbs are laid it is the portion between curbs. [(12)]((1)) "sidewalk" means the portion of a street or crosswalk intended for pedestrian use only. [(13)]((m)) "street" is a general term used to de- scribe a right-of-way serving as a means of vehicular and pedes- trian travel, also furnishing space for sewers, public utili- ties and shade trees; includes avenues, boulevards, roads, lanes and other ways. Streets are classified as follows: -3- [(A)]((l)) Primary Arterial Streets (Highways) move through traffic to major traffic generators and from community to community. [(B)]((2)) Community Arterial Streets collect and distribute traffic from higher type arterial highways to less important streets, or directly to traffic destinations and serve secondary traffic generators and traffic from neighborhood to neighbor- hood within a community. (To serve a maximum of 1500 lots or units.) [(C)]((3)) Neighborhood Collector Streets collect and distribute traffic from higher type arterial streets to access streets, or directly to traffic destinations or serve neighborhood traffic generators. (To serve a maximum of 350 lots or units.) [(D)]((4)) Commercial Access Streets provide access to commercial properties in business, commer- cial and industrial areas. [(E)]((5)) Residential Access'Streets provide access to residential property. (To serve a maximum of 100 lots or units.) [(F)]((6)) Marginal Access Streets are minor streets which are parallel with and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic. [(14)]((n)) "subdivider" means any person., group, corporation or other entity acting as a unit, or any agent there- of, dividing or proposing to divide lands so as to constitute a subdivision as defined herein. [(15)]((0)) "subdivision" means the division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of sale, or building development and included resubdivision and, when appropriate to the context, relates to the process of subdivid- ing or to the land or areas subdivided. ARTICLE II. APPROVAL OF PLATS 20.15.033 Preliminary discussion. The subdivider is strongly urged to discuss informally his preliminary studies and -4- layout with the commission in order to facilitate the prepar- ation of the required plans and plats in accordance with this chapter and to avoid unnecessary delay and expense. 20.15.040 Preliminary plat. [(a) A subdivider shall prepare a preliminary plat of his proposed subdivision which shall comply with the requirements of section .045 and other pertinent provisions of this chapter, except as provided in section .025] ((a) A subdivider shall prepare and submit a preliminary plat of his proposed subdivision except as provided in section .025.) Pb) Six black or blue line prints of the preliminary plat shall be submitted to the commission.] ((b) Nine (9) black or blue line prints of the preliminary plat shall be submitted to the commission except those subdivi- sions located outside first class cities where only six (6) copies need be submitted.) (c) The fee established by the commission shall accompany the submission of the preliminary plat, except in the case of a final plat submitted under section .025 [(3)], the fee shall accompany the final plat. (d) Upon submission of a plat subdividing land within a first class city the commission shall transmit three prints of the plat to the City Advisory Planning Commission for -its review. (The City Advisory Planning Commission shall review the plat and submit its comments to the commission within 30 days. If no comment is received within 30 days, the plat will be con- sidered approved by the City.) 20.15.045 Preliminary plat - Form. (a) The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall show the following: (1) Name of the subdivision. (The name shall not be the same as an existing city, town, tract or subdivision of land in the borough, of which a map or plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion.) (2) Legal description, location, and total area in acres of the p-oposed subdivision. (3) Name and address of owner, subdivider and engineer or land surveyor. -5- (4) Date and north point. (5) The location, width and name of existing or plat- ted streets and public ways within 300 feet of the subdivision, railroad rights of way and other important features such as section lines, political subdivision or municipal corporation boundaries. (6) A vicinity map showing location of proposed sub- division in relation to surrounding countryside. (7) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions or limitations of such reservations. (8) Block and lot numbers and approximate dimensions and total numbers of proposed lots. (9) The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision. (10) Location of existing sewers, water mains, cul- verts, and other utilities within the subdivision and immediately adjacent thereto. [(11) Space for approval of the commission.] ((11) Sheet sizes. Shall be as provided in Section .060 (a) and (b) ) . [(12) A statement of proposed land use.] [(13) The names of adjacent subdivisions and plotted lots and streets or an indication that the adjacent land is not subdivided. ] ((12) The names of all adjacent subdivisions with all lots, tracts and streets shown to scale within 200 feet or an indication that the adjacent land is not subdivided.) [(14)] ((13)) Sufficient spot elevations or contrours to determine the general slope of the land may be required by the commission. [(15)] ((14)) Approximate locations of areas subject to inundation or storm water overflow; the location, width, and direction of the flow of water courses; and if adjacent to tidewater, the line of higher high water. (b) Information which can not be practicably shown on the plat shall be presented in a written statement together with the following information: [(1) Proposed drainage and flood control measures. (2) Information on proposed water supply. If such water supply is to be provided by: (A) A public utility; a letter from the public utility should be submitted showing its ability to serve the proposed subdivision and evidence indicating that a satisfactory agreement has been entered into for such service. (B) A mutual system, the subdivider shall give such guarantee or shall post such bond as deemed necessary to insure the installation of such system. (3) Information on proposed sewage disposal system. If such system is to be provided by: (A) A public utility; a letter from the public utility should be submitted showing its ability to serve the proposed subdivision; (B) A mutual system, the subdivider shall give such guarantee or shall post such bond as deemed neces- sary to insure the installation of such system. (4) Justification and reasons for any exception to the provisions of these rules and regulations.] ((1) A brief property description and the proposed subdivision name. (2) The intended land use(s) and/or the zoning of the area. (3) The type of water supply and sewerage disposal to be used. If sewerage and water supply is to be provided by: (A) A public utility; a letter from the public utility should be submitted showing its ability to serve the proposed subdivision and evidence indicating that a satisfactory agreement has been entered into for such service. -7- I (B) A mutual system; the subdivider shall give such guarantee or shall post such bond as deemed neces- sary to insure the installation of such system. (4) Any special drainage or flood control measures where applicable. (5) Justification and reasons for exceptions to the provisions of these rules and regulations due to special or extenuating circumstances. (6) A definite statement requesting approval of the plat by the commission. (7) A request that a certificate of paid taxes be pro- vided for the plat.) 20.15.050 Approval. (a) Within 30 days after filing the commission shall determine whether the preliminary plat complies with the provisions of law and this chapter, and shall approve, conditionally approve, or disapprove it and notify (in writing) the subdivider of its action. [The commission's action shall be noted on two copies of the plat and one copy shall be returned to the subdivider.] (b) Approval of a preliminary plat shall not constitute approval of the final plat, but shall be deemed an expression of the preliminary plat as a guide to the preparation of the final plat. Approval of the preliminary plat shall expire after one year unless a final plat is submitted to the commission for approval or the commission extends the time. ARTICLE III. FINAL PLATS 20.15.055 Filing. ((a)) The final plat shall be prepared in accordance with section .060 and .065 and the preliminary plat as approved. The final plat may constitute only that por- tion of the preliminary plat which the subdivider proposes to record and develop at the time. [(b) The subdivider shall file the final plat together with four blue or black line prints having all required signa- tures affixed. The original and all copies shall be signed. If the subdivision is located within a first class city the subdi- vider shall also file a certificate of approval from the city that required improvements have been provided for.] 4 i ((b) The subdivider shall submit to the Commission six unsigned copies of the final plat for approval.) [(c) A certificate of the borough tax collector stating that all taxes levied upon the property within the subdivision have been paid shall be submitted with the final plat.] 20.15.060 Form. (a) The final subdivision plat shall be clearly and legibly drawn to scale upon tracing cloth, or on good quality polyester film (equal to Dupont Mylar). All lines, letters, figures, certifications, acknowledgments and signatures shall be made in permanent ink. The plat shall be so made, and shall be in such condition when filed, that legible prints and negatives can be made therefrom. [Sheets shall be on of five sizes: 81/2" x 14"; 18" x 24"; 24" x 36"; 311/2" x 1411 or 3611 x 42".] (Sheets shall be one of the following sizes: 11" x 17"; 18" x 24"; 24" x 36"; 30" x 30"; & 36" x 36") [When more than one sheet is required, an index sheet shall be filed showing the entire subdivision, indicating the portion contained on each sheet, and each sheet showing the total number (e.g. sheet 1 of 3.) When more than one sheet is submitted, all sheets shall be the same size.] [(b) The index sheet shall contain the name of the subdivi- sion.] M) When more than one sheet is required an index sheet of the same size, form and material as the layout plats shall be filed unless each layout plat can conveniently show the total layout involved. All sheets shall be numbered consecutively and totally (e.g. Sheet 1 of 3, 2 of 3, etc.). The index sheet shall show the following: (1) The total subdivision. (2) All the items contained in Section .060(m). (3) All certificates and acknowledgments contained in section .060 (p) . (4) The scale of the index map and the vicinity map. (5) The section and sheet number of the portion of the subdivision contained on each sheet.) (c) Plats filed for the purpose of reverting subdivided land to acreage shall be conspicously designated "THE PURPOSE OF THIS PLAT LS A REVERSION TO ACREAGE." 3 (d) Sufficient data must be shown to determine readily the bearing and length of every lot line, block line, and bound- ary line. Dimensions of lots shall he given as new dimensions to the boundaries of adjoining streets and shall be shown in feet. No ditto marks shall be used. Bearings and distances of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves shall be shown. (e) All linear measurements shall be shown to the nearest 1/10 foot, meaning plus or minus .05 feet. Minimum angle accuracy shall be the nearest minute, meaning plus or minus .5 minutes. (f) All areas shall be shown to the nearest ten square feet (on lots less than one acre) or to the nearest one-thousanth of total acres (on lots over one acre). (g) The [map] (plat) shall show the line of higher high water in case the subdivision is adjacent to tidewater and the areas subject to periodic inundation by flood water. (h) The boundary of the [tract] (subdivision) shall be designated by a wider border and shall not interfere with the legibility of figures or other data. (i_) In [tracts] (subdivisions) containing more than one block, blocks shall be numbered in numerical order, commencing with the numeral "1" with no omissions or duplications. Lot numbers shall begin with the number "1" in each block and shall continue consecutively with no omissions or duplications. If possible, each block should be shown entirely on one sheet; each lot shall be shown entirely on one sheet. (j) The plats shall show the side lines of all streets, the total width of all streets, the width of the portion being dedicated, the width of existing dedications, and the width of any railroad right of way appearing on the plat. (k) The plat shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified and if already of record, the recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain sewers and other pur- poses shall be indicated dotted lines of the same width as the lines denoting street boundaries. Distances and bearings on the side lines of lots which are cut by an easement, must be arrowed or so shown that the map will indicate clearly the actual' -10- lengths of the lot lines. The width of the easement and suf- ficient lengths and bearings of the lines thereof definitely locate the easement with respect to the lot lines must be shown. If easements are being dedicated by the plat they shall be pro- perly set out in the owner's certification of dedication. U) In order to avoid duplication, names to be used for new streets shall be subject to the approval of the commission. [(m) The plat shall show all other data that is or may be required by law. ] ((m) Each final plat sheet shall show the name of the sub- division, the date, a north point, a vicinity map, name and address of the owner and a legal description by section, town- ship and range.) [(n) The final plat shall particularly define and delineate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, with all dimen- sions, boundaries and courses clearly shown and defined in every case.] ((n) The scale which shall be either 1" = 50', 1" = 100' or 1" = 2001 excluding index and vicinity maps which may be of any suitable scale.) ((o) Unsubdivided remainders or future development portions of a parcel_ shall have this remaining or unsubdivided area (approximate) shown on the plat.) [(o)] ((p)) The following certificates and acknowledgments shall appear on the final plat, such certificates may be combined where appropriate. (1) A certificate signed and acknowledged by all parties having any interest of record in the land subdivided, consenting to the preparation and recordation of said plat provided, however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are endorsed on the plat. (A) Rights of way, easements or other interests, none of which can ripen into a fee. (B) Rights of way, easements or reversions, which by reason changed conditions, long disuse or laches appear to be no longer of practical use or value and which signature it is impossible or impractical -11- to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signatures shall be endorsed on the plat. (C) Dedication certificate: A certificate signed and acknowledged offering for dedication for public use those certain parcels of land which said par- ties are required to dedicate. Example: CERTIFICATE OF OWNERSHIP AND DEDICATION I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision, and dedicate all streets, alleys, walks, parks, utility easements, and other open spaces to public use. Date 1 19 Owner [STATE OF ALASKA SS. THIRD JUDICIAL DISTRICT On this day of * 1 19 before me, the undersigned, a Notary Public for the State of Alaska, personally appeared ... to me known to be the person described in and who executed the foregoing certificate of ownership and dedication, and acknowledged to me that he executed the same as his free and voluntary act. Witness my hand and official seal the day, month and year hereinabove written. Notary Public for Alaska My commission expires (NOTARY'S ACKNOWLEDGMENT Subscribed and sworn to be -"ore rce this day of 1 19' My commission expires -12- I NOTARY PUBLIC FOR ALASKA) [ (4) Engineer's Certificate: The final plat shall show the surveyor's seal and signature of the civil engineer or licen- sed surveyor responsible for the survey and final. map.] ((2) Surveyor's Seal: Each final plat sheet shall show the surveyor's State of Alaska seal and the signature of the licen- sed surveyor responsible for the survey and final plat.) [(1)] ((3)) The following form of certification shall be printed on the final plat by the person preparing the plat, to be filled in after approval by the commission. FORTAWN92411 OW" Plat approved by the commission this day of , lg—. Chairman I Secretary) 20.15.065 Survey & Monumentation. (a) All subdivisions shall be surveyed except as provided in section .025. (b) The subdivision of sections into aliquot parts and the restoration of lost corners shall be performed in accordance with the U. S. Bureau of Land Management 1947 Manual of Surveying Instructions. All section subdivision details executed as part of the surveyor's work shall be shown on the plat. A minimum survey accuracy of 1:5000 is required. (c) All corners of aliquot parts over twenty (20) acres shall be brass capped monuments. (d) All monuments (set) shall be stamped with the date (,) the identification of the monument and the [registered] (registration) number of the surveyor. (This data shall be shown on the plat). --(e) All corners found [and] (or) set shall be (so) shown and described on the plat. (f) Where monuments are set in untraveled areas the brass cap shall be two to six inches above the ground. All monuments found and set shall be protected by a guard post of durable material. Ir traveled areas monuments shall be set 6" below the surface. Control points in roadways or traveled areas need only A be a two foot iron rod driven below the surface with:at least two brass cap reference monuments on the adjacent property line. (g) Every subdivision shall contain at least two intervisible monuments as a base line, but in the case of a resubdivision, the commission may waive additional monument installation if sufficient monuments already exist. As used in this particular paragraph, the words "monument" and "marker" shall be synonymous. It is desirable that monuments be set at all exterior angle points in a subdivision. A three-quarter inch by thirty inch galvanized iron pipe shall be set in a manner similar to that described above at all exterior angle points which are not monumented. The distance and bearings between monuments shall be shown. The distance between required monuments shall (not) be further than 1320'+/-. No part of any subdivision shall be further than 1320'+/- from a monument. All monuments shall be tied to the subdivision lines. All lot corners shall be marked in a pro- fessional manner (with the material used and set so shown on the plat.) (h) True bearings and distances to the nearest established street lines and official GLO or BLM monuments shall be accur- ately described and delineated on the plat. 20.15.070 Approval. (a) The commission shall approve or disapprove the plat of subdivision or dedication within 30 days after the filing thereof, or shall return such plat to the appli- cant for modification or correction within 30 days from the fil- ing thereof; othenvise, such plat shall be deeiaed to have been approved and a certificate to the effect shall be issued by the commission on demand; provided, however, that the applicant for plat approval may consent to the extension of such period. The grounds of disapproval of any plat shall be stated upon the record of the commission and the applicant shall be advised of the commission's disapproval in writing. [(b) When the final plat has been approved by the commis- sion, one copy shall be returned to the subdivider with the approval of the commission certified thereon. One copy shall be filed with the District Recorder by the commission within 10 days after the approval unless the subdivider requests postpone- ment. The original tracing containing the certification by the commission will be retained by the commission. Prints will be furnished at cost.] ((b) Upon approval or conditional approval of a final plat and when all corrections and/or additions required by the com- mission have been made, the subdivider or his agent shall submit -14- the original plat and two copies, all of which shall have original signatures affixed in black ink, to the certificates, seals and acknowledgments, along with the appropriate recording fee and certificate of paid taxes to the Planning Department for recording. The necessary copies shall be filed with the District Recorder within ten days after receipt of all the requirements unless the subdivider requests postponement. One completed copy shall be returned to the subdivider. The original plat shall be retained by the commission. Additional prints shall be furnished at cost. ARTICLE IV DESIGN REQUIREMENTS 20.15.075 Standards. ((a)) In its consideration of subdi- vision plats the commission shall apply the following standards: (1) Basic Considerations. The general requirements of the community, the particular requirements of the neighbor- hood, and the best use of the land to be subdivided. Particular attention and the best use of the land to be subdivided. Parti- cular attention shall be given to specific requirements for parks, playgrounds, school sites, public building sites, major streets, the adequacy of street connections and the suitability of the land for development. (2) Large Lots. Subdivisions containing larger par- cels than ordinary building lots may be required to allow for the opening of future streets and logical further subdivision. (3) Reserved Strips. There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use, except when the control and disposition of land comprising such strips is placed within the jurisdiction of the borough under Conditions specified by the commission and attached to the final plat. (4) The proposed street layout shall be made accord- ing to good land planning practice for the type development pro- posed and shall be coordinated with the street systems of the surrounding areas. All streets must provide for the continuation or appropriate protection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding acreage tracts. [(5) Restriction of Access to Major Streets. Residen- tial lots fronting on major streets shall be provided with in- terior or frontage access unless, because of size, topography or other physical characteristics substantial hardship would result.] -15- ((5) Restriction of Access to Primary Arterial Streets. Residential subdivisions fronting on primary arterial streets shall provide,interior access and commercial or industrial sub- divisions fronting on primary arterial streets shall provide frontage access streets for lots adjacent to such primary arter- ial streets, unless because of size, topography or other physical characteristics, the commission determines that substantial hardship would result. (6) J)iscouragement of Traffic. Residential access streets shall be so laid out that their use by through traffic will be discouraged. (7) Partial Subdivision. Where the subdivision in- cludes only a part of the subdivider's tract, street and utility system shall be considered in the light of proposed plans for the entire area. (8) Intersections. There shall be a minimum number of intersections of residential streets with arterial or major streets. (9) Alleys. Alleys shall be provided to the rear of all lots used for business purposes and shall not be provided in residential blocks, except where the subdivider produces evidence satisfactory to the commission and the advisory planning commis- sion of the desirability of alleys. Where two alleys intersect 10 foot radius corner cutoffs measured on the property lines from the point of intersection shall be required. (10) Street Grades. Grades on arterial streets should not exceed six percent. Grades on other streets shall not ex- ceed ten percent. To assure that this provision is satisfied, the commission may require spot elevation within the proposed street right of ways. (11) Cul-de-sacs. Streets designed to have one end permanently closed shall be no more than 600 feet long and shall be provided at the closed end with a suitable turnaround with a minimum radius of 50 feet to the property line. (12) Half Streets. Where a dedicated half street or alley is adjacent to the tract to be subdivided, the other half of the street or alley shall be dedicated.. (13) Alignment and Visibility. Clear visibility, measured along the center line shall be provided for at least 600 feet on the community arterial streets; 400 feet on neigh- borhood collector streets; and 200 feet on all other streets. -16- (14) Street Widths. The minimum right of way width of streets shall be as follows: Primary arterial street 100' Community arterial street 80' Neighborhood collector street 70' Commercial access street 60' Residential access street 50' Marginal access street 40' Alleys 20' (15) Curves. Where a deflection angle of more than ten degrees in the alignment of a street occurs, a curve of reasonable radius shall be introduced. In streets 60 feet or more in width, the center line radius of curvature shall be not less than 300 feet; on other streets not less than 100 feet. (16) Reverse Curve. Between reversed curves on all streets there should be a tangent at least 100 feet long. (17) Street Intersections. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 60 degrees. (18) Grade at Intersections. Flat grades are preferred from 50 to 100 feet away from an intersection, but in no case shall grades exceed four percent for a distance of at least 100 feet from all intersections. (19) Temporary Dead End Streets. Streets which are stub streets designed to provide future connection with adjoin- ing areas must provide some type of temporary turnaround at the stub end. (20) Street Names. Streets shall be named in such manner as to conform to adjacent areab and to avoid duplication. (21) Layout. The length, width, and shapes of blocks shall be determined with due regard to the special needs of the types of use contemplated; to needs for convenient access and circulation; to topography, and to the conservation of building sites. (22) Long Blocks. Long bl,)cks shall be provided ad- jacent to main thoroughfares for the purpose of reducing the number of intersections; however, blocks shall not be less than 300 feet or more than 1400 feet in length unless existing con- ditions justify a variation from this requirement (or when necessary to prevent industrial or commercial traffic from en- tering residential areas.) -17- (23) Block Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except when fronted on major streets, prevented by topographical conditions or size of the property, or other particular conditions. (24) Business. Blocks planned for commercial use shall not be,more than 600 feet or less than 300 feet in length. (25) Pedestrian Ways. Pedestrian ways not less than ten feet wide shall he required in blocks longer than 600 feet where reasonably deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. [(26) Block Corners. At street intersections block corners may be required to be rounded at the property lines by a radius of not less than 20 feet.] ((26) Block Corners. At street intersections where the majority of the lots are one acre or smaller in area, twenty foot radius curves shall be provided at the block corners on the right of way line. In subdivisions w'_ -.ere the majority of the lots are larger than one acre in area, the rounding of the block corners may be provided at the discretion of the subdivider or the commission. (27) Lot Dimensions. The size and shape of lots shall be such as proper for the locality in which the subdivision is located and in conformance with the requirements of any zoning ordinance effective for the area in which the proposed subdivision is located. In no case shall lot lines be less than 60 feet on the building line, nor the depth less than that necessary to provide 6,000 sq. ft., nor shall the depth be less than 35 feet nor greater than three times the width, provided, however, that the commission may grant exception thereto where lots are located on, or adjacent to steep hillsides, lakes, rivers or creeks or where property is to be used for business or industrial purposes. [(28) Minimum Lot Size. Lots must contain a minimum of: (A) 6,000 square feet if served by public water and sewer service. (B) 9,600 square feet if the lots must have either their own well or sewer disposal. (C) 12,000 square feet if both the well and sewer dis- posal are to be provided on the lot. I In those cases where a subdivider wishes to provide lots smaller than 12,000 square feet but not less than 9,600 square feet, with each lot to be served by individual water and sewer disposal systems, the commission may allow such provided: (A) Only every other lot may be built upon until a state approved community.water or sewer system is funded. Those lots which may be built upon shall be determined by the commission through conference with the developer. Lots approved for building shall be so noted on the final plat, or (B) The subdivider secures the approval of the state health department. In those cases where a subdivider wishes to provide lots smaller than 9,600 square feet but not less than 7,200 square feet, with each lot to be served by individual water and sewer disposal systems, the commission may allow such provided: (A) Only every other lot may be built upon until a state approved community water and sewer system is funded. Those lots which may be built upon shall be determined by the commission through conference with the developer. Said buildable lots shall be so noted on the final plat, or (B) The subdivider secures the approval of the state health department.] ((28) Minimum Lot Size. Lots must contain a minimum of: (A) 6,000 square feet if served by public water and sewer service. (B) 9,600 square feet if the lots must have either their own well or sewer disposal. In those cases where a subdivider wishes to provide lots smaller than 9,600 square feet but not less than 7,200 square feet, with each lot to be served initially by individual water or sewer disposal systems, the commission may allow such provided that only every other lot may be built upon until a state approved community water and sewer system is constructed or the subdivider secures the written approval of the state health department for the smaller lot size. Where only every other lot is to be used those lots which may be built upon shall be deter- mined by the commission through conference with the developer. Said buildable lots shall be so noted on the final plat. -19- (C) 20,000 square feet if both the well and sewer disposal are to be provided on the lot. In those cases where a subdivider wishes to provide lots smaller than 20,000 square feet but not less than 9,600 square feet, with each lot to be served by individual water and sewer disposal systems, the commission may allow such provided that: only every other lot may be built upon until a state approved community water or sewer system is con- structed or the subdivider secures the written approval of the state health department for the smaller size. Those lots which may be built upon shall be determined by the commission through con- ference with the developer. Lots approved for building shall be so noted on the final plat.) (29) Access to Street. Each lot shall abut on a dedi- cated street. (30) Corner Lots. A corner lot shall be at least 65 feet in width. (31) Side Lot Lines. Side lines of lots shall be approximately at right angles or radial to the street line. (32) Through Lots. Double frontage lots, with depths less than 250 feet will not be approved except where necessitated by topographic or other physical conditions (and when complying with the provisions of section .075(a)(5).) [(33) Building Set Back Lines. -The commission shall require a minimum 20 foot building set back line for all resi- dential lots, said set back to be maintained on all street front- ages on corner lots.] ((33) Building, Set Back Lines. A minimum twenty foot building set back line shall be provided fcr all lots and shown or noted on the plat, said set back to be maintained on all street frontages on corner lots. This provision shall apply un- less otherwise provided for within any zoning ordinance effective for the area in which the proposed subdivision is located. In any case, the commission may require additional or greater build- ing set back lines to provide for future street improvements.) (ARTICLE V AREAS SUBJECT TO INUNDATION BY FLOOD WATERS 20.15.080 Subdivisions on Flood Plains. (a) Any proposed subdivision of land, part of which is subject to flooding either by any natural stream or tides, will be submitted to the U. S. -20- Army Corps of Engineers and the Alaska State Department of En- vironmental Conservation for their review and comment. The planning commission may require any such subdivision meet any or all standards recommended by the above agencies and in addi- tion shall require the following: (1) Flooding areas - The preliminary plat and the final plat shall clearly show the limits of all portions of the land being subdivided which are subject to flooding and there shall be noted thereon the elevation of the maximum flood of record or calculated and such other pertinent information relat- ing thereto as may be required by the planning commission. (2) Building sites - Each lot in the subdivision shall contain or provide for a building site and accessway to the access street with a ground elevation equal to or greater than the maximum flood state, provided that in unusual circumstances the planning commission may permit the flood stage as that calculated with a return interval frequency of twenty (20) years. (3) Floor elevations - No portion of any building that is to be used as living quarters shall be constructed on any lot having its finished floor elevations less than three (3) feet above the maximum flood of record or calculated, provided however, that basements not used for living purposes, carports, or garages may be constructed having the finished floor elevation at or above the maximum flood of record or calculated. The first principal floor elevation of all other buildings shall be established at or above the elevation of the maximum flood of record or calculated. (4) Street elevations - The elevation of the center line of all streets and roads shall be established at or greater than the maximum flood of record; except service streets (not major thoroughfares) serving only non-residential uses when lo- cated in the flood plain may be established at the flood stage having a frequency return interval of twenty (20) years. (5) Public improvements - All required public improve- ments, including streets and roads, drainage, water supply and sewerage systems shall be in accordance with such special condi- tions as may be required by the planning commission because of such possible flooding. (6) Channel capacity - When all of the requirements set out above, including private and public improvements, have been accounted for on the plan of development, such improvements shall not encroach upon or otherwise restrict, under flood con- ditions, the greater channel capacity in such a way as to retard -21- the stream flow and/or to cause the flood elevation to reach greater heights. (7) Exceptions - In cases of special open land uses or other unusual conditions, exceptions may be made in the above requirements which may permit a public road or street to be at a lower level when subject to more frequent flooding.) (ARTICLE VI IMPROVEMENT REQUIREMENTS 20.15.O85 Final Plats. (a) No final plat of any subdivi- sion located within any home rule or first class city containing a tract less than acres and no final plat of any subdivision located outside any home rule or first class city containing a tract less than five acres will be approved or recorded unless the required improvement standards delineated below are met: (1) In subdivisions located within home rule or first class cities the following required improvements shall be con- structed: (A) Streets - constructed in accordance with the stan- dards and specifications adopted by the city. (B) Electric, telephone and/or gas utilities - located and constructed in accordance with standards and specifications of the city. (C) Drainage system facilities - including necessary storm drainage facilities, drain inlets, manholes, culverts, bridges and other appertinences. The drainage improvement requirements for each subdivi- sion shall be established by the city and depend on where the land proposed for subdivisions is located. (D) City water service - when a proposed subdivision is within 900' of an existing public water supply system, water mains shall be constructed to serve each and every lot within the subdivision. All lots within the subdivision shall be provided with a connection to the public water supply system and the water system to h, pro-Aded shall meet the standards and specifications of the city. In any such case the city will require the subdivider to install a water main of not less than (6) inches in diameter. A city may require a main lar- ger than (6) inches, however, the additional -22- �; cost involved due to the larger main are to be born by the city. (E) Sanitary sewer system - when a proposed subdivi- sion is within 900' of -an existing public sanitary sewer system, sewer mains shall be con- structed to serve each and every lot within the subdivision. All lots within the subdivision shall be provided with a connection to the sanitary sewer system. In any such case, the city will require the subdivider to install a sewer main of not less than (8) inches in diameter. A city may require a sewer main larger than (8) inches, how- ever_, the additional cost involved due to the larger main are to be born by the city. (F) Street name signs - located and installed at each street intersection in accordance with the standards and specifications of the city. (G) Walkways - constructed in accordance with the standards and specifications of the city. (H) Street lighting - at each intersection located and constructed in accordance with the standards and specifications of the city. In addition to the foregoing, where necessary, a city may require the following improvements to be constructed: (1) Curbs and gutters - constructed in accordance with the standards and specifications of the city. (2) Sidewalks - constructed in accordance with the standards and specifications of the city. (b) In subdivisions located outside first class or home rule cities the following improvements shall be constructed: (1) Streets - constructed in accordance with standards and specifications adopted by the planning commission. (2) Drainage improvements - including necessary storm drainage facilities, drains, culverts, bridges and other appertin- ences as may be required by the planning commission and depending on the specific requirements of the property being subdivided. -23- (3) Street name signs - located and installed at each street intersection in accordance with the standards and specifi- cations adopted by the planning commission. (c) In lieu of the construction required in (a) or (b) above, the subdivider may file, with the appropriate city or the borough, a surety bond, cashiers check or certified check upon an Alaskan bank conditioned to secure the construction of the required improveyn.ents in the necessary manner within a period not to exceed 18 months. No such bond or check will be accepted unless it is enforceable by or payable to the appropriate city or the boron in a sum at least equal to the cost of construct- ing the improvements as estimated by the city or borough and in form with surety and conditions approved by the city or borough attorney. If the construction or installation of any improvements or facilities for w1iich a financial guarantee has been posted by the subdivider is not completed within (18) months of approval and recordation of the final plat, the city or borough may cause said improvements or facilities to be constructed, or completed at the expense of the developer and/or the surety or other guarantees. However, the planning commission may grant one extension not to exceed six months if the subdivider can show adequate cause. (d) Planning commission notification of approval of the preliminary plat is authorization for the subdivider to proceed with the preparation of plans and specifications for the required 4 improvements. Prior to the construction of any required improve- ments or the submission of a bond or check in lieu thereof the subdivider shall furnish to the appropriate city or the borough all plans, information and data necessary to determine the char- acter of said improvements. The required plans will be reviewed by the appropriate city or the borough and will be approved if in accordance with the requirements of this section. Following this approval, construction can be started or the amount of surety bond determined. The subdivider shall furnish the appropriate city or the borough with the following engineering data pertaining to the required improvements of the proposed subdivision: (1) Plans and profiles showing existing and proposed grades for all streets, alleys, walkways and public right of ways. (2) Plan and profiles of all existing and proposed drainage facilities, culverts, sewers, water distribution lines, and any other. utilities. -24- The commission may require that the subdivider provide at his own expense a certificate signed by a licensed engineer that all engineering data is correct and the constructed improvements conform to applicable standards and specifications.) ARTICLE [V] (VII) [IMPROVEMENTS] EXCEPTIONS [20.15.080 Improvements. No final plat of a subdivision located within a first class city shall be approved unless the subdivider has an agreement with the city providing for installa- tion of all required improvements and evidence of such agreement shall have been filed with the commission.] 20.15.[085] (090) Exceptions. (a) The commission may authorize exceptions to any of the requirements set forth in these regulations. Application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon. Such petition shall be filed with the preliminary plat of the subdivision. The commission shall find the following facts before granting any exceptions: (1) That special circumstances or conditions affect the property. (2) That the exception is necessary for the preserva- tion and enjoyment of a substantial property right of the petition- er. (3) That the granting of the exception will not be detrimental to the public welfare or injurious to the other pro- perty in the area in which said property is situated. (b) The commission shall set forth any exception fully and specifically and may require such conditions as are necessary to preserve the intent of this chapter as to light, air, public health, safety, welfare and convenience. The commission may impose such .restrictions necessary to insure that the exceptions and conditions are complied with. Section 2. This ordinance shall become effective 30 days after enactment. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS [7th] DAY OF [May] , 19[68]. [ /s/ Bob Ross] Assembly President ATTEST: [/s/ Frances Brymer] Assembly Clerk January 7, 1972 MEMO TO: City Planning Commission FROM: George L. Jaynes, Airport Manager RE: Request for lease of City Property We recieved the attached letter from Mr. Gary Tullos during the last week of December 1971. Mr. Tullos is requesting a site in Well Reserve Site #2, on the corner of Beaver Loop Road and Kenai Spur Road. Mr. Tullos wants to construct a car wash and possibly a service station on this piece of property. My reason for writing the Planning Commission is to ask the following questions: 1. Is the Planning Commission interested in asking for the release of this land from the provisions of the quick claim deed issued by the FAA which does not allow the City to lease land or sell land without a release. 2. Is the City Planning Commission interested in sub- dividing and leasing this land for the construction of a car was an. service station facilities, if we can obtain _ s f the land from the FAA. 1 For your information the timing involved in obtaining release of lands would probably be something like six months from the start of request until the release has been received. Also I would like to point out that the land in question is closely adjacent to both water and sewer fac- ilities and could prove to be an extremely valuable corner. In order to get this land released we would be required to submit several instruments of intent from possible developers of the land. The Administration supports any development in the vicinity of our water and sewer systems in order to help with the financing of these systems. The land in question is zoned suburban residential and if approved for this purpose require a zoning change in order for business to be constructed in this area. )o e Cc, r s "r ; _17 ,'h 5 Ae ,� l ecc s --h5 ecC-r e, o o-iid loGctaO � OE becLver loop Grod -cher )OorI�OvSP� s� �`� y►iv��1G1 C J.h��l^�l► i V To: City of Kenai, Planning Commission Members Subject:... resignation. I would like to submit my resignation, effective immediately from the City of Kenai's Planning and Zoning Commission. This has been made necessary due to my employment by the City of Kenai, which constitutes a conflict of interest. I have really enjoyed serving on the commission with all of you. Best dishes; Loretta Knackstedt Route 3 Kenai, Alaska 99611 January 13, 1972 Mayor John Steinbeck Box 68 Kenai, Alaska Dear John: As of January 1, 1972, two terms of office have expired on the Kenai Planning & Zoning Commission, Mr. Fisher, who has expressed his desire for leaving the Commission and Mr. Al Cruveri On January 112, 1972, the Commission received a letter of resignation from Loretta Knackstedt. Mrs. Knackstedt is now working for the City of Kenai, which constitutes a conflict of interest. Names suggested by the Commission are Mr. Lee Glad Thank you. Sincerely yours, Al Hudson Vice -Chairman Kenai Planning & Zoning Commission January 14, 1972 Mrs. Loretta Knackstedt Route #3, Box 290 Kenai, Alaska 99611 Dear Loretta: The Kenai Planning and Zoning Commission accept, with regret, your resignation dated January 12, 1972. Your many years of service and dedication to the Commission has been of great benefit. Although your services on the Commission will be missed, your imput in the past will never be forgotten. Sincerely, Al Hudson Vice -Chairman Kenai Planning & Zoning Commission AH/ss KENAI'PENINSULA BOROUGH MEETING OF THE PLANNING & ZONING COMMISSION - JANUARY 22, 1973 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA A G E N D A 1. Call Meeting to Order 2. Introduction and Seating of New Members 3. Agenda Approval A. Addition - item 3-K - D. & J Subdivision B. Deletion - Amendment to the �omprehensive Water & Sewer Study - North Kenai and Kenai 4. Consideration of Submitted Plats: A. Robin Subd. (Prelimihary/Final) B. Humphrey Subd. No. I (Preliminary/Final) C. Soberg Subd. (Preliminary - Resubmittal) D. Mooring Estates Subd. (Preliminary) E. _Cpne Tract A (Deed of Record) F. Stubblefield Subd. (Final) G. Bayview Gardens Subd. (Reconsideration - city of Homer R.O.W. Vacation) H. North Harbor Subd. (Preliminary/Final) I. Seward Industrial Park (Preliminary/Final) J. Bogard Subd. (Preliminary/Final) K. D. & J. Subd. (Preliminary/Final) 5. ADL - Agricultural Preference Right Application 6. Mobile Home Park Definition 7. Other Business 8. Director's Report 9. Approval of Minutes January 8, 1973 10. Adjourn Meeting NEXT MEETING SCHEDULED FOR FEBRUARY 51 1973 - 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA 1 I i' (APPROVED FEBRUARY 5, 1973) :4 KENAI PENINSULA BOROUGH MEETING OF THE PLANNING & ZONING COMMISSION - JANUARY 22, 1973 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA AGENDA ITEM 1. Call Meeting to Order Vice Chairman Holly called the meeting to order at approximately 7:45 P.M. PRESENT: Commissioners Amundson, Deitz, Dimmick (arriving 7:55), Holly, Hursh, Palm, Peck (arriving 7:55), Poppin ABSENT: Commissioners English and Suszka (both excused) ALSO PRESENT: Mr. G.S. (Sam) Best, Planning Director, Mr. Sherman C. (Red) Smith, Construction t Planning Technician, Mrs. Virginia Gibbs, Planning Technician, Mr. Gene Effler, Mr. Joe Burch, Registered Land Surveyor, Mr. Stan McLane, Registered Land Surveyor, Mr. Rex Stubblefield, Mr. John McClain, Mrs. Carolyn Thompson, Planning Department Secretary a AGENDA ITEM 2. Introduction and -Seating of New Members Mr. Best introduced the nes, members, Mr. Allen Deitz of Kachemak City, filing the position created by Ordinance 72-25, and Mr. Maurice Ar. idson of Cooper Landing, replacing Mr. Byron Baldwin. At this time, Mr. Best took the opportunity to also introduce Mr. Sherman (Red).Smith, the Construction Planning Technician, to the planning commission. AGENDA ITEM 3. Agenda Approval Commissioner Poppin moved, seconded by Commissioner Hursh, to approve the agenda with the addition of item 3-K - D. & J. Subdivision and the deletion of the Amendment to the Compre- hensive Water & Sewer Study - North Kenai and Kenai. The motion carried unanimously. AGENDA ITEM 4. Consideration of Submitted Plats; A. Robin Subdivision (Preliminary/Final) The staff report was presented by Mr. Best noting this subdi- vision is located at the intersection of B Street N.W. (2nd Avenue) and 19th Avenue N.W. (Birch Drive) in the City of Kenai. The letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends ap- proval subject to review by the City of Kenai. Commissioner Hursh, seconded by Commissioner Palm, moved to approve the plat subject to review by the City of Kenai. The motion carried unanimously. ' I KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 2 JANUARY 22, 1973 B. Humphrey Subdivision No. 1 (Preliminary/Final) Mr. Best presented the staff report noting this subdivision is located northwest of the East End Road near Homer and is the result of an illegal subdivision. The letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends the 3:1 depth to width exception be granted and preliminary/final approval subject to: 1. Vicinity map be added. 2. Utility easements as requested by HEA. 3. An inclusion mark be used to connect the upper and lower portions of Tract 1. 4. (+) be added to'the distances. 5. BLM proportionate bearings be added to each property line. 6. The aliquot parts description of each tract be added. 7. The relationship of the remainder of 1/4 section be shown (the control) Commissioner Hursh moved, seconded by Commissioner Poppin, to approve the plat subject to the staff's recommendations. The o motion carried unanimously. Commissioners Dimmick and Peck arrived at the meeting. Com- missioner Peck was given tie chair by Vice Chairman Holly. C. Soberg SL,,'division (Preliminary"- Resubmittal) The staff report was presented by Mr. Best noting this subdi- vision is located on Sport Lake which lies just north of Sol- dotna and approximately 1 mile east of the Kenai Spur Road junction with Sport Lake Road. The letter from the surveyor for the subdivider, which is on -file, was read. In reviewing the background, Mr. Best stated this plat had been before the commission previously at which time the subdivider was requested to take the plat to the Department of Environmental Conservation due to the lot size and its bounding a lake. This is the reason for the resubmittal. The staff has reviewed the plat and recommends the 3:1 depth to width exception request be granted for the reasons stated in the letter and preliminary approval subject to: 1. 10' utility easements be dedicated along the lot line between lots 1 & 2 and 3 & 4 and along the south boundary of lot 5. Commissioner Dimmick moved, seconded by Commissioner Hursh, to approve the plat subject to the staff's recommendations. The motion carried unanimously. D. Mooring Estates Subdivision (Preliminary) Mr. Best presented the staff report noting this subdivision is located in that portion of the City of Soldotna which abutts the Kenai River and is just south of the north city limits boundary and west of Kenai Spur Road. The letter from the surveyor for the subdivider, which is on file, was read. The City of Soldotna reviewed the plat and recommends the t following: ' t 1. There is an existing utility easement in Block 7, KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 3 r JANUARY 22, 1973 This should be shown. If possible, Diane Lane should parallel this easement. 2. Block 3, Lot 6 the street radius should be eased. The same comment applies to Block 1, Lot 15. 3. Delete Chinook and Spinnaker Court. These are superfluous as all lots could be numbered from the roads. 4. Portside Way appears to be unneeded and could just be a continuation of Banner Lane. 5. An easement to provide for maintenance of drainage is required along the common lot line of lots 7 & 8 of Block 3. 10' on each lot would be sufficient. 6.. It is requested the following statement be placed on this and each future subdivision in the City of Soldotna: "The lots hereon shall be subject to assessment for improvement required by ordinance of the City of Soldotna, when installed by the City'of Soldotna." The planning staff has reviewed the plat and recommends ap- proval subject to: 1. Utility easements as requested by HEA. Commissioner Holly, seconded by Commissioner Hursh, moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. E. Cone Tract A (Deed of Record) Mr. Best presented the staff report noting this subdivision is located on Beaver Loop Road within the City of Kenai. This is Beaver Loop Laundromat for which the original survey was made in 1962. The letter from the surveyor, which is on file, was read. The planning staff has reviewed this plat and recommends ap- proval subject to: 1. Approval by the City of Kenai. 2. Long & Cone Subdivision being shown as No. 3 Cone K-1639. 3. The tract being shown as Cone Tract "A". 4. BLM corner being shown as found. For the benefit of the new commissioners, Mr. Best explained a deed of record plat. Commissioner Holly, seconded by Commissioner Hursh, moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. F. Stubblefield Subdivision ,(Final) The staff report was presented by Mr. Best noting this subdi- vision is located south of the Echo Lake area approximately 1 1/4 miles west of the Sterling Highway. In reviewing the background it was noted preliminary approval and vacation of section line public hearing was September 11, 1972, plus conditions - i.e. approval of the Department of Environmental Conservation and other off lot size. On November 27, 1972, the planning commission removed the condition of approval by the KENAI PENINSULA BORUGH PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 22, 1973 Department of Environmental Conservation. The staff has reviewed the final plat for Block 1, which is sheet 2 of 5, and recommends approval subject to: 1. 5' underground and clearing utility easements requested by HEA, subject to non -objection by the owner. Commissioner Holly asked if there was enough room to build on lot 18 with the creek being there. Mr. Best and Mr. Stan McLane, the surveyor, stated there was room to build. The creek is the result of a beaver dam. Commissioner Dimmick moved, seconded by Commissioner Poppin, to approve the plat subject to the staff's recommendation. The motion carried unanimously. G. Bayview Gardens Subdivision (Reconsideration - City of Homer R.O.W. Vacation) Mr. Best reviewed the background of this subdivision. The preliminary was before the commission October 30, 1972, at which time the plat was conditionally approved. On Novem- ber 27, 1972, the planning commission held public hearing for the section line vacation which was approved subject to: 1. Non -objection by the City of Homer on the south line. 2. The final plat contain the necessary signed vacation certificates from the Alaska Division of Lands and the Alaska Department of Highways. 3. The recordation of the final plat. Mr. Joe Burch, the surveyor for this subdivision, brought an aerial photograph of the area. Chairman Peck, acting as the City of Homer's representative, pointed out on the photo the location of where the section line vacation would be. Commissioner Holly asked what the adjoining property owner below this section line felt about the vacation. Mr. Best replied the notice of public hearing had been sent to all property owners adjacent to or within 300 feet. There had been no objection to the vacation voiced at the public hearing nor correspondence received. Mr. Burch stated a feasibility report is out that mentions the possibility of a trunk water line. The borough ordinance states utility easements. If an easement is put in, the sub- divider, Mr. Effler, would like to specifically dedicate it for water and sewer or all underground utilities. Commissioner Palm stated a note should be on the plat noting the additional cost if underground utilities are put in. Mr. Best read condition #¢2 from the minutes of the October 30, 1972 meeting which states "a note added to the plat concerned with the possible difference in cost between underground and aerial utilities that shall be born by the owners.". Chairman Peck recommended the commission go on record as being in favor of the vacation with a 10' underground utility easement and 10' construction easement. Commissioner Holly asked if there were any plans for a street going through. Chairman -Peck answered there were no plans due to the topography. KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 6 JANUARY 22, 1973 Commissioner Holly moved, seconded by Commissioner Hursh, to approve the plat subject to the staff's recommendations. The motion carried unanimously. I. Seward Industrial Park (Preliminary/Final) The staff report was presented by Mr. Best noting this sub- division is located the the north end of the Seward Small Boat Harbor inside the City of Seward. The letter from the subdivider, which is on file, was read. The staff has reviewed the plat and recommends approval sub- ject to review by the City of Seward. Commissioner Dimmick moved, seconded by Commissioner Holly, to approve the plat subject to the staff's recommendation. The motion carried unanimously. 0 J. Bogard Subdivision (Preliminary/Final) Mr. Best presented the staff report noting this subdivision is located between the Seward Highway and the Alaska Railroad just south of Spring Creek about 1/2 mile north of the City of Seward's present city limits. This plat clarifies an indefinite deed description in which Spring Creek is a boundary line of property, the Seward Highway R.O.W. and the Alaska Railroad R.O.W. The staff has reviewed the plat and recommends approval subject to: 1. Monumentation used to establish origin of bearing be shown. 2. 20' drainage easement along the north boundary. Commissioner Hursh asked if there was a flood plain study for the area as it has flooded. Mr. Best replied there is none for that area. Commissioner Palm moved, seconded by Commissioner Holly, to approve the plat subject to the staff's recommendations. The motion carried unanimously. K. D. & J. Subdivision (Preliminary/Final) Mr. Best presented the staff report noting this subdivision is located on both sides of the Sterling Highway approximately 4 1/2 miles south of the Kenai Spur Road at the junction of Echo.Lake Road and Sterling Highway. The staff has reviewed the plat and recommends approval sub- ject to: 1. Utility easements as requested by HEA. 2. Temporary turnaround in Tract 12. 3. 3:1 depth to width exception request be granted. Commissioner Dimmick moved, seconded by Commissioner Holly, to approve the plat subject to the staff's recommendations. The motion carried unanimously. I KEN21I PENINSULA BOROUGH-Pf.ANNING & ZONING COMMISSION MINUTES PAGE 7 JANUARY 22, 1973 AGENDA ITEM 5. ADL - Agricultural Preference Right Application Mr. Best stated this request is located north of the City of Homer in the Crossman Ridge area. The letter from the Alaska Division of Lands was read. The application is to purchase Lot 4, Sec. 31, TSS, R13W, S.M. consisting of 32.41 acres. Mr. Willis C. Gould, the applicant, is owner of a 105.37 acre homestead in the northwestern portion of Sec. 6, T6S, R13W, S.M. and has been raising cattle and hay on his homestead since 1946. Because of adverse terrain, less than 50 acres is tillable and it has limited the farm's capacity to a maxi- mum of 20 head of cattle per year. Mr. Gould has not been successful in.purchasing adjacent private land. In September, 1969, he applied for a grazing lease on 177.45 acres in Sec. 31, TSS, R13W, S.M., which is immediately north of his homestead. On September 28, 1970, this 177.45 acres was offered for lease at public auction in Homer but Mr. Gould was not the successful bidder. The successful bidder was issued a long term lease but the unit was never used and the lease was terminated on October 20, 1972. Mr. Gould, who was aware of the successful bidder's non-use, filed an Agri- cultural Preference Right Application on October 26, 1972, for the purchase of Lot 4, Sec. 31, TSS, R13W,-S.M., which is adjacent to his farm. This lot is well suited for agricultural uses. The ADL has determined by field inspection that Mr. Gould is qualified to purchase land under the provisions of A.S. 38.05.069 but the borough has selected and filed application for it. a The planning staff has reviewed the request and finds it may not be in the best interests of the borough for the borough itself to get in the preference right business as far as agriculture is concerned due to the 90%-10% relationship of state to borough lands and generally large tracts are involved. However, it is felt those interested in agriculture should be given every opportunity to pursue this endeavor and state regulations provide for this pursuit. Therefore, the staff suggests the planning commission recommend to the assembly that selection of Lot 4, Sec. 31, TSS, R13W, S.M. be with- drawn to allow the state to honor the application under state statutes. Commissioner Hursh asked if we would be setting a precedent. Mr.. Best answered we may or may not - each case will be taken on its own merit. Mrs. Gibbs added in order to qualify for preference rights the applicant must meet the state regulations which are quite restrictive. Chairman Peck stated the borough'is.not losing any selectable land, just withdrawing this selection. Mr. Best stated Chairman Peck was correct. There are three ways the commission can go; 1) the commission can say no; 2) the commission can retain the selection or 3) withdraw the selection and let the state handle it. If the borough starts tying up its 10% in agricultural land, it could be eaten up. Once the borough receives TA or title to a selection it will be a harder decision to make but this land has been applied for only. Commissioner Holly, seconded by Commissioner Dimmick, moved to recommend to the assembly that selection on Lot 4, Sec. 31, TSS, R13W, S.M. be withdrawn to allow the state to honor the application under state statutes. The motion carried unani- mously. KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 8 JANUARY 22, 1973 AGENDA ITEM 6. Mobile Home Park Definition Mr. Best stated Ordinance 73-8, which is to be introduced at the February 6, 1973 assembly meeting by the mayor, was written for taxation purposes and classifies those mobile homes, trailers, house trailers, trailer coaches and similar transportable dwelling units located within a mobile home park as personal property. Ordinance 73-7 is to be introduced at the same time and was written to clarify the definition of mobile homes and mobile home parks. The borough has always had anyone who is putting in a mobile home park go to the Department of Health or Department of Environmental Conserva- tion and obtain a permit as their regulations are more stringent than those of the borough. The General Provisions(b) states, This chapter is adopted pursuant to the planning and zoning power of the borough and shall apply borough -wide. This chapter is not intended to nullify any existing ordinance of a city, properly adopted, regulating the same subject matter. Wherever possible, the ordinance of a city and this chapter shall be considered co -existent. In the case of a direct and t irreconcilable conflict between this chapter and regulations adopted by a city, the regulations of the city shall be con- sidered a borough ordinance to the extent of the power of the borough, such ordinance creating a special zoning district for the city. Within the special city zoning district, this chapter shall not apply to the extent that application would conflict with pre-existing regulation under pre-existing planning and zoning regulation.". Chairman Peck questioned if "the regulations of the city shall be considered a borough ordinance to the extent of the power of the borough" could be done under Title 29. Com- missioner Holly and Mr. Best stated it could be as the city can go to the extent of the borough power, creating a special zoning district for the city. Continuing, Mr. Best read Definitions(a) "'Mobile home' means having any vehicle or similar portable structure having no foundation other than wheels, jacks, and/or skirtings designed or constructed to permit permanent occupancy.". Chairman Peck asked what a modular home would be -defined as. Mr. Best replied if it is on a foundation it is real property. Definitions(b) read, "'Transportable dwelling unit' means any mobile home, camper, bus or other vehicles, trailers or any other moveable unit occupied for use as a dwelling or sleeping quarters for one or more persons. (c) 'Mobile home park' means any plat or ground or group of lots or parcels under single ownership or unified management upon which four or more mobile homes or transportable•dwelling units have been located. Provided however that if the density of mobile homes and/or transportable dwelling units does not exceed four (4) per acre and no charge is made for such accommodations the development shall not be considered a mobile home park.". Chairman Peck asked who would be enforcing this. Mr. Best answered the Department of Environmental Conservation. Commissioner Holly felt there would be a problem encountered with the mobile home definition when considering doublewides. Mr. Best stated if a modular home is placed on a rented space in a mobile home park it is considered as personal property (a trailer) . KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 9 JANUARY 22, 1973 Commissioner Holly stated the appraisers, Gebhart & Peterson, consider doublewides as real property if they are placed on a concrete foundation and look like a house. Mr. Best stated Ordinance 35 is less restrictive than the Department of Environmental Conservation's regulations and this ordinance (73-7) simply allows anyone wishing to esta- blish a mobile home park to obtain a permit from the Depart- ment of Environmental Conservation. Chairman Peck did not feel the owner should have to go to Anchorage or Juneau to get approval. He questioned whether camper parks would have to do this also. Mr. Best stated the Department of Environmental Conservation treats camper parks the same way but defines them differently. Regardless of what regulations we have, the owner -developer has to meet state requirements and submit plans, etc. to Anchorage or Juneau as per these state requirements.' Commissioner Dimmick moved, seconded by Commissioner Hursh, to recommend to the assembly that Ordinance 73-7 and 73-8 be adopted. The motion carried with Chairman Peck dissenting and Commissioner Holly abstaining due to a financial interest in trailers. AGENDA ITEM 7. Other Business There was no discussion for this item. AGENDA ITEM 8. Director's Report Mr. Best reported the staff is proceeding with the rights- of-way on the Local Service Roads & Trails Program and will submit all the project -documents to the Department of High- ways for approval. Chairman Peck asked about Fairview Avenue in Homer. Mr. Best replied he hadn't received the necessary paperwork from the City of Homer as of yet. If money will be coming for '74 then• we will build the road in '73. The City of Homer will not receive funds in 174 then. Chairman Peck asked the commission if anyone had any suggestions or recommendations regarding the use of the shared revenue the borough has received. Commissioner Holly suggested it be used for partial or total funding to improve the roads into the schools or use the funds for the solid waste disposal roads and use the Local Roads & Trails funds for the schools roads. Mr. Best stated the borough may be using some Local Roads and Trails funds for the roads to the schools. Commissioner Dimmick stated the borough has a solid waste dis- posal problem and the funds could be used to help the borough remedy this. Commissioner Holly asked what the total dollar amount was for the Local Service Roads and Trails Program. Mr. Best replied it is $176,000 and the borough has three projects to clean up from last year but '72 funds are available for that. Mr. Best stated the borough has requested an opinion regarding survey and platting of open to entry land from the attorney general. KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MINUTES PAGE 10 JANUARY 22, 1973 The paperwork has been submitted for 701 funds for master plans for the cities of Homer, Seward and Soldotna as requested by these cities. Also requested was areawide funding for an initial housing element study. Mr. Best stated 701 funds have been applied for the borough's portion for two planning interns this year. Five thousand dollars is going to be used to monitor the wells of basin study and for data. Commissioner asked and was excused from the meeting at this time. Commissioner Holly moved, seconded by Commissioner Hursh, the commission send a resolution to the may and the assembly on the shared revenue funds which would read similar to the following: "WHEREAS, the need for more funding in the Local Service Roads and Trails Program and WHEREAS, the need for more roads and trails are still rising every year and WHEREAS, the road program for the solid waste facilities are in need of funding THEREFORE, be it resolved that we keep all funds from the shared revenue funds received and utilize these funds for these needed and valid programs.". The motion carried unanimously. Commissioner Dimmick asked if the other commissioners had seen the Department of Environmental Conservation's regulations which were published in the Cook Inlet Courier. The date these are to take effect is July 1, 1973. Permits are to be issued on an individual basis wheather they are for a city or private landfill. The solid waste disposal committee is not near authoring an ordinance to present to the assembly. At the last meeting, the committee met with those individuals in- volved with the private collection of refuse. Commissioner Dimmick believed they felt the use of drop -boxes, private collection and 2 or 3 landfills would be sufficient. The public should be made aware of what their alternatives are and then these funds can be used for the solid waste problem. Chairman Peck asked the commission to hold back on the resolution for two weeks in order to research other areas where the shared revenue funds could be used. Mrs. Gibbs gave a brief summary of the ERTS seminar she had attended in Anchorage the previous week. She stated'NASA had made a flight up and down the Kenai Peninsula and they had some beautiful pictures of Homer and the Spit. AGENDA ITEM 9. Approval of Minutes - January 8, 1973 Commissioner Holly, seconded by Commissioner Hursh, moved to approve the minutes as submitted. The motion carried unanimously. AGENDA ITEM 10. Adjourn Meeting The meeting adjourned at approximately 10:20 P.M. TO Honorable Mayor and Council FROM Edwin H. Clotfelty, City Manager DATE February 28, 1972 SUBJECT CONTRACT, PENINSULA BOROUGH PLANNING COMMISSION - CITY OF KENAI. I. In 1966, the City and Borough agreed that: 1. An officer of the City would be the Planning and Zoning enforcement agent for the Borough. attached. 2. At no cost to the Borough. Copy of agreement This agreement is, evidently, still in force. 2. The Kenai City Planning and Zoning Commission moved to terminate this agreement. Contract between City of Kenai and Borough Concerning Zoning. Elson moved and Curver seconded to recommend that this contract is no longer in the best interest of the City, should be reviewed by the Administration and submitted to Council to determine if it should be cancelled or re -negotiated. There was no objections and was so ordered. 3. I recommend termination of this agreement. a. The enforcement is being carried as a minor part of the inspection program. b. If we do the work, we should get paid for it. ;, oo� City Manager db / Attachment February 25, 1972 Ralph Darbyshire Borough Planner Menai Peninsula Borough Box 850 Soldotna, Alaska. Dear Mr. Darbyshire: At the Kenai Planning & Zoning Commission meeting of February 9, 1972, the commission discussed the control of trailers in relation to the Borough's proposed Zoning Ordinance. You told the commission you would investigate the use of trailers for commercial use or places of public assembly and have a report for the next meeting. We have not heard from you and are anxiously awaiting your report. Sincerely, Alu son Vice Chairman Kenai Planning & Zoning Commission All/ss ENI PENS SULAOUG N > Box 850 P6ne 22-444t' SOLDOTNA, ALASKA 99669 DATE: March 31, 1972 PLAT STATUS: /fx P1U:;LI14I'NA RY CI'T'Y PLAL4-NI'ldG COIK14ISSIbL-35; / / Domer I:enai Seldovia / Seward % Soldotna GEORGE A. NAVARRE CHAIRMAN /% PRELII-IINARY/FINAL OTHER REVItWING AGENCIES: / Alaska rept. of Highways Anchorage Natural Gas Homer Electric Assoc. / / Chugach Electric Assoc. E7 Telephone Company Re; Vacation & Replat /_/ Resubdivilion /% Deed of Record /% Subdivision /g Special Consideration /% Gentlemen: Petition has been received by the Kenai Peninsula Borough Planning and Zoning Commission for approval of Bover (David N.) Subdivision plat. Enclosed is a copy of the proposed plat. :fill you please sub- mit your corzments in writing, specifying any easements or other requirements that your department or agency may need. If we do not hear from you by April 24, 1972 , we will assume that you do not wish to submit any comments. If you have no further use for the enclosed print(s), please return it or them with your comments. Best regards, l a -l'. 4��q G. S. Hest Associate Planner GSB: lrh Enclosure 1 Copies of this plat will be submitted via Hugh Malone. �/ CC) March 17, 1972 V � KENAI PENINSULK BOROUGH Box 850 P9ne 267-4441 SOLDOTNA, ALASKA 99669 Mr. Edwin Glotfelty City Manager City of Kenai P. O. Box 580 Kenai, Alaska 99611 Dear Ed: GEORGE A. NAVARRE CHAIRMAN At the last meeting of the borough planning commission, it was suggested that some of the city planning commissions might wish to have the borough planning staff attend more of their meetings. To this end I would like to reiterate that should you ever find it necessary for us to meet with your commission, please don't hesitate to call upon me. Sincerely, Ralph R. Darbyshire Planning Director RRD:lrh INTERNATIONAL CONFERENCE OF BuILTANG OFFICIALS NEW ADDRESS: 5360 SOUTH WORKMAN MILL ROAD • WHIITIER, CALIFORNIA 90601 TELEPHONE (213) 699-0541 OFFICERS PRESIDENT' PERRY C. TYRES REGIONAL BU ILDI '4G OFFICIAL. COLORADO SPRINGS, COLORADO FIRST VICE-PR`-SIGENT EUGENE B. PESTER SUPERINTENDENT. DEPAR MENT OF BUII_DING AND SAFETY POMONA. CALIFORNIA SECOND VICE-PRESIDENT NEWELL POCK CHIEF BUILDING INSPECTOR YAKIMA, WASHINGTON TREASURER VINCENT R. BUSH SUPERINTENDENT OF BUILDING VERNON, CALIFORNIA JUNIOR PAST PRESIDENT TED E. DUKE BUILDING OFFICIAL BILLINGS, MONTANA EXECUTIVE DIRECTOR T. H. CARTER 50 SOUTH LOS ROBLES PASADENA, CALIFORNIA MANAGING DIRECTOR JAMES E. BIHR 50 SOUTH LOS Ron LES PASADENA, CALIFORNIA DIRECTORS GAYLORD C. DOWD DIRECTOR OF INSPECTIONS KALAMAZOO, MICHIGAN DONALD A. ERICKSON DIRECTOR DEPARTMENT OF INSPECTIONS MINNEAPOLIS, MINNESOTA BILL P. HORN CHIEF BUILDING INSPECTOR PIERCE COUNTY TACOMA, WASHINGTON CHARLES R. HINKLEY CHIEF BUILDING INSPECTOR MOUNTAIN VIEW. CALIFORNIA VICTOR L. TAUGHER BUILDING OFFICIAL COUNTY OF ALAME15A H AYWARD, CALIFORNIA JACK D. WHITE BUILDING CODE ENGINEER KANSAS CITY. MISSOURI VINCENT R. BUSH SUPERINTENDENT OF BUILDING VERNON. CALIFORNIA DICK T. JORDAN DIRECTOR BUILDING D'cFARTMENT AUSTIN, TEXAS RAYJ. NOKES BUILDING OFFICIAL COUNTY OF SANTA BARBARA SANTA BARBARA, CALIFORNIA March 9, 1972 OFFICES OF THE EXECUTIVE DIRECTOR T. H. CARTER MANAGING DIRECTOR JAMES E. BIHR TECH141CAL DIRECTOR D. R. WATSON Mr. Howard Hackney Building Inspector City of Kenai Box 580 Kanai, Alaska 99611 Dear Mr. Hackney: This is in response to your communication of February 25, 1972, requesting information on mobile home regulations. As you have discovered, the Uniform Building Code does not re- gulate such structures and we have no specific recommendation as to what this regulation should be. In most cases, local jurisdictions regulate these structures through the zoning ordinances and/or other special ordinances. We would suggest that you contact the Zoning and Planning departments of other jurisdictions for specific information if you have not already done so. In some cases, States have become regulatory agencies on mobile home construction and we agree that regulating the structure from the State level is more prudent, since they are mobile. If we may be of further service, please do not hesitate to let us know. TAB:mlr Yours very truly, INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS T. A. Briggs Code Coordinator A Nonprofit Service Organization for the Maintenonce of the UNIFORM BUILDING CODE and Related Ordinances and Offering Special Services to Active Class A Members N ' Box 850 Phone 2V2-444f SOLDOTNA, ALASKA 99669 DATE March 31, 1972 PLAT STATUS: SW PREL111II14ARY CI'T'Y Iz'LAivi3l:?C C7Ljt dSSIONS : / / Homer I:enai Seldovia Seward / / Soldotna GEORGE A. NAVARRE CHAIRMAN /—/ PF�LIIIINARY/FINAL OTHER PE'VIE.4ING AGENCIES: /% Alaska Dept. of Highways Anchorage Natural Gas Homer Electric Assoc. %/ Chugach Electric Assoc. Telephone Company Re: Vacation & Replat /—/ Resu'adivision /% Deed of Record /::I- Subdivision /V Special Consideration /% Gentlemen: Petition has been received by the I•;enai Peninsula Borough Planning and Zoning Commission for approval of Bover (David N.) Subdivision plat. Enclosed is a copy of the proposed plat. Will you please sub- mit your cor..unents in writing, specifying any easements or other requirements that your department or agency may need. If we do not hear from you by April 24, 1972 , we will assume that you do not wish to submit any comments. If you have no further use for the enclosed print(s), please return it or them with your comments. Best regards,/ G. S. hest Associate Planner GSB : lrh Enclosure 1 Copies of this plat will be submitted via Hugh Malone. .' C—�3fy�7af'7 r f Co Ale, v eej/ C.�" ,YrtJ�� G PIZ7 Gtl il•---�' _-fir 7ox 2F14 7.a- 1 1a sl.�a April 11, 1P72 Kenai Pl renin and, 1--'enin.g Ccmmlssion K e na 1 1 a L, ka Dear G6-ntlemeni 7,e following sketch Is of ti,,o rarc(-1-s, of land 1cceated In the city of Fenal. M,he Ir,,,- a 1 d I E, c r rp t I-., on is cj t ,A dd I t I on7enai - Tots L 6, 71 oc", 7. The -,e lots on the corner of I-enirzulp. lvim. ;,nd 7 - r c d S t ap�Ar, /0 & Y keLc't 5"a Due to t h e s -L; 11 s I t of t h 6- a, b c - v e 1 o t F - I am a s raw. f Q r a clarific,�-ticn of zoninw ordinancEs In r;--l;)tion. to 1,ulldlne: on the above proru-rty. !`�ccordln-cr to i.iy undt-lLt--lndir.6 a 10 feet set bacT7 is required for yard set backs on all sides, (execept possibly the bne',side y rd �-1:111ch cdold bc- 5 fF-et). And with this tttken aE a guideline, the corner otstruction will, take care. of ItsleIf. C 0.4, VC ^ ,0 h S; A u '-7-I'6 �/ ,'V,iy question is this: That is required set back from. the 1 street (city) rind ,It��-.te roads" SI�,c't-!on 3 14-1 -F says It AIll be so much, but there Is s, bl�?n`� In the nu,rber of feet. I would apprccicte a clarification on this matter. CE,`-)--LDinly this '1,1:111 affect the E41Ze of 1-uIldInF that could be placed on s9ld prof-erty. If the street set '1.-,,,ack Is no gre,ate,r th-an '.0 0 f- et, r -m I correct In assuming thctt a building (office or multi-dwel'ing court be put• on there provi(ing the: pro per parl�In v.7as provid(.:,d and ro -,or(-- than 401 of' the lot cov�.rw'ty t!,ie bullc�in-. /c, 17h-onir Y. ?obE rt E. Harris �alv�ry 7-19ptist Church a V1 f:4 K E �_" �. F. U. COX SES t; ; ; ".t, /:t.hS;U4, • f r"tOWE 25",.7535 Lease ApA.._acation ti pg 1 of 2 Raine of Applicant Jim McDowell Address Box ,1399 Business ?Yo.l,r and Address Cook Inlet Courier Kenai Peninsi_,la Borough Sale; Tax No. State Business Lice=nse Nlo. Phone 283-7650 (check one) XX Lease Permit Lot Description Lot 2, Block 2. CIIAP Desired length of Lease or Permit 30 Property to be Used for Commercial office and newspaper plant,____ Description of d3velopments (type, construction, size, etc.) 30 x 60, metal building Attach development plan to scale 1 inch = 50 feet, showing all build -- Ings planned. Time Schedule Construction start June, 1973 Estimate value of construction: Date $ 30,000 Signed rage z or 4 .jease No. Leese Application page 2 of 2. For your in -formation Annual rent,l rate, or cost 0.150 per sq. ft. = 337.50 Zoned for Light Industrial Permits required Building Permit ;insurance required 1001000/3001000/50,000 Construction must the started by June 30, 1973 Comulet.ion date for major constructions September 30, 1973 Routing P & Z, Council Planning Commission Time 7 p.m., 4/12 City Council Time 8 :00 p.m., April 19 Reviewed by: George L. Jaynes Comments: Recommend we lease to Mr, McDowell This i.p:� )=j_caticn be ac { � Z . ` .. the �easc. by City 2 t' Paae 3 of 4 Lease No. BUILDIII-IG INFORMATION Name: Jim McDowell I Construction materials: 4171 t Scal-e: N LAYOUT-PLAN Lot 2 Block 2 subdivision CHAP Name Jim McDowell scale -N- N .q . PARK 1972 —.1973 — PROGRAM A. Thompson Park B. Cunningham Park C. Football Field D. Toilets (various locations) $ 10,800 8,600 7,700 6,200 TOTAL $ 33,300 PARK 1972- 1973 - PROGRAM TOTAL PROJECTS COSTS Site Improvement. 7 acres Landscaping 5.6 acres Pn-kin7 Q."P.ces Equipment *Note Toilets (double) 7 each Supervision/Engineering TOTAL PROJECT $ 6,900 4,200 h'�)00 53200 10 ,10 0 I= 23300 $33,300 *Note: Backstop, tablea, playground equipment, bleachers, etc. A. LOCATION SIZE PROJECT Lots K and L, Thompson Park,.Lease from State of Alaska. Approximately ll acres. Development of 2 acres - general purpose playfield with picnic area. COSTS Site Improvement Lands�-arl= Parking Equipment (playground) Signs Supervision/Engineering TOTAL COST 2 acres 2 acres 10 spaces Note* , A..,,1-,, � 2 *NOTE: Equipment consists- of th_e following: Backstop 1 Tables 7 Swings Large 1 Small 1 Bars f Teeter-totter 2 A. LOCATION SIZE PROJECT Lots K and L, Thompson Park,.Lease from State of Alaska. Approximately ll acres. Development of 2 acres - general purpose playfield with picnic area. COSTS Site Improvement Lands�-arl= Parking Equipment (playground) Signs Supervision/Engineering TOTAL COST 2 acres 2 acres 10 spaces Note* , A..,,1-,, � 2 *NOTE: Equipment consists- of th_e following: Backstop 1 Tables 7 Swings Large 1 Small 1 Bars 1 Teeter-totter 2 $ 2,000 1 .000 2,300 2,800 , r7nn 200 1,000 $ 10,800 500 1,100 300 200 200 200 a TOTAL $ 23800 vr- B. LOCATION SIZE PROJECT Beaver Loon Road - tract 5 of the Horse- shoe end at River Bend Subdivision fee title. 2,268 acres Develonn.ent of River access _-nnd general purpose park. C OSIS Site TTrrrm—ent Landscaping 1 acre 1,000 Parking 5 1,900 :)u u Signs 1 100 Supervision/Engineering 6,00 TOTAL $ 8.,600, i 0 Beaver Loop Road /00 F."M N820 53*30"W 544.16 20 utldtng Set Back --iWi6O 302.36 ri -rF-,ACT 't7 2.26$ lw 87030 FI A �A kj 5 4 "3• No. 272 Of the Kenai Meander Zine River A.T. i I - C. LOCATION FAA Tract - City owned land - interdep art- mental,charges. SIZE Approximately 3 acres Ph3jECT Improve�rients to existing football field. COSTS: i Site Imbrovement 2.6 acres $ 13000 Landscaping # 2,6 acres 2,200 Equipment Seating 200 2,400 Toilet-, 1 double 1,500 Signs -I 1 100 Supervision/Engineering 500 l' TOTAL jl $ 7,700 11, +c --,o I i r( t D. LOCATION Various sites - as follows: b Kenai Spur. Park K G1,iu.i :"1.L C' '_" chc ry RanE,e Kenai Speedway PROJECT To -provide toilet facilities where needed.' Site Improvement 4 acres $ 400 Construction 4 each 5,600 ouptC t•vi6:i oti/2UU TOTAL 6,200 t' it j ti - April 18, 1972 Ralph Darbyshire Borough Planner Kenai Peninsula Borough Box 850 Soldotna, Alaska 99669 Dear fir. Darbyshire: The Kenai Planning 4 Zoning Commission met in Regular Session, April 12, 1972. On the agenda was a preliminary subdivision plat of David N. Boyer for special consideration. The Commission brought up the following questimns and comments: 1. whether the 16' entry to lot A belongs to lot A or to the lot Nest of Lot A. 2. The access to lot A appears to be too narrow. 3. Does the "+-.., ;, " -3,,, +ui xv4 n nave Ingress and egress? 4. Recommend all lots be identified by numbering. Sincerely, 6Q vk-s� Al Hudson Chairman Kenai Planning & Zoning April 18, 1972 James E. Fisher City Attorney Box 397 Kenai, Alaska 99611 Dear Mr. Fisher: At the Kenai Planning & Zoning Commission's Meeting of April 12, 1972, the subject of revenue sharing was discussed. The Commission would like your opinion on how to pursue out of twwn contractors doing business within the City of Kenai so they will report their earnings in Kenai and not their home base. They would also like your opinion on the possibility of a City business license. Thank you for your consideration in the above mentioned matter. * Sincerely, Al Hudson Chattman Kenai Planning & Zoning Commission Alii ss April 18, 1972 Mr. Dan A. Whelan Finance Director City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Whelan: At the Kenai Planning & Zoning Commission's Meeting of April 12, 1972, the subject of revenue sharing was discussed. The Commission would like your opkiion on how to pursue out of town contractors doing business within the City of Kenai so they will report their earnings in Kenai and not their home bawl. They would also like your opinion on the possibility of a City business license. Thank you for your consideration in the above mentioned matter. Sincerely, Al Hudson Chairman Kenai Planning & Zoning Commission XH/ss 03 April 24, 1972 David N. Boyer P. O. Box 107 Anchor Point, Alaska 99556 Re: David N. Boyer Subdivision Dear Mr. Boyer: The attached letter was received from the Kenai advisory Planning & zoning Coirmission. mould you please answer the questions directly, with a copy to me. Your prompt attention is earnestly solicited as the Kenai Peninsula Borough Planning & Zoning Commission usually doesn't act until they have a firm recommendation from the City. This is especially true when an exception such as yours is sought. If you have any questions or if I can be of any assistance please do not hesitate to contact me. Best regards, G. S. Best Associate Planner Enclosure (1) cc: Al Hudson, Chairman Kenai Advisory Planning & Zoning Commission GSB:clt '10" April. 18, 1972 Ralph Darbyshire Borough Planner Kenai Peninsula Borough Box 850 Soldotna, Alaska 99669 Dear Mr. Darbyshire: The Kenai Planning $ Zoning Commission met in Regular Session, April 12, 1972. On the agenda was a,preliminary subdivision plat of David N. Boyer for special consideration. The Commission brought up the following questi6ns and comments: 1. Whether the 16' entry to lot A belongs to lot A or to.the lot West of Lot A. 2. The access to lot A appears to be too narrow. 3. Does the lot directly East of lot A have ingress and egress? 4. Recommend all lots be identified by numbering. Sincerely, CAIk Al. Hudson Chairman Kenai Planning & Zoning APR 2.0 1972 April 26, 1972 Al Hudson, Chairman Kenai Planning & Zoning Commission Box 580 Kenai, Alaska 99611 Dear Al: At the next Regular Kenai City Council Meeting, the Mayor is going to appoint a Councilman to serve as an ex -officio member to the Kenai Planning & Zoning Commission. .11. The Council request you appoint or elect a Commission member to attend the City Council Meetings. Thank you for your consideration in the above mentioned matter. Sincerely yours, Edwin H. Glotfelt' , City Manager a� EHG/ss r V JI CITY OF KENAI P. 0. BOX 580 - ?4AI, ALASKA - PHONE 283..7535 Lease Application # pg 1 of 2 Name of Applicant Erik Barnes and John Imle Address Route #1, Kenai Business Name and Address Kenai Peninsula Borough Sales Tax No. 5-L 012.76 State Business License No. 72-01163 Picone 283-4148 (check one) XXX Lease Lot Description Lot 3, Block 4, SAA Desired length of Lease or Permit 20 years Property to he Used for Aircraft storage Permit Description of developments (type, construction, size, etc.) 40' x 36' frame with metal siding hanger Attach development plan to -scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Summer, 1972 Estimated value of construction: Da to X�� $5,000.00 Signed y CITT Y OF PCE P� AI P. ©. BOX.55860 - UNA1, AUiSKA - PHONE 233-7535 r Lease Application page 2 of 2 For your information Annual r-ntal rate or cost $420.00 per year Zoned for Light Industrial Permits required Building Assessment$ -0- Insurance required 100,000/300,000/501,000 Construction must be started by July 1, 1972 Completion date for major constructions September 30, 1972 Routing P & Z, Council Planning Commission Time 7 p.m. 4/12 City Council Time 8 p•m., April 19 Recommended by George Jaynes Comments: Recommend lease of this land for stated purpose. This application will be a pa -rt of the lease Approval': Planning Cbmission, by City Council by .. Rect�xpt acknowle6c7od by applicant Paae 3 of 4 Lease No. BUILDING INFORMATION '?? - �' - flIZ Name: CIC .A /F IV, -5- -9 M Construction materials: Frame with metal siding and roofing concrete foundation. Scale: it$ Ap -N- LAYOUT -.'PLAN Block Subdivision -544 Name 1,51fle 0,,5Mi-,194-5 4 TAYA W At Scale. �- __-���!!,/—_- — _ _ _ � -- —� �_ __ _ __„_..�.—_ms's--�—__.— Jy_ ��—_— •�^ _4Z 441,6 ESTUARIEO. --=_----_�-= CRADLES 6E LIE p - `�... ”{ h.: � F 1, i -re-- s --s � -- _ •� •--��^ ` �s� .'T�.� ��'-'r"�`+,�'y� t _ �%� _-. � _ -`. .-��•_--.may "-� _ �� ,• , i s Mist clinging to the marsh glows with the coming dawn. Tall grass scrapes against your boat. The tide is coming in; its heralding breeze tastes of the sea. At an uncertain distance you hear the boom of a bit- tern, then the scissorlike cry of a tern. It is easy to accept the belief, as your boat rocks lightly in the first light, that life began here a billion years ago. This is an estuary, the tidal reach of a river, where sea and stream mingle. No estuary is typical; it can be hot and flat as in the Mississippi delta, or cold and rockbound as in Alaska. But all are alike in important ways: all display cyclical balances of fresh and sea water, the melding of life -supporting chemicals. In all the source and the substenance of myriad life. Under your boat the waters mix: a river, bearing the strength of dis- tant mountains and near farmlands, blends with the sea, rich in oxygen as well as nutrients. The basic forms of life thrive here, among them phyto - plankton --responsible for 70 percent of the world's photosynthesis --the staple food for zooplankton, tiny crustaceans, and ultimately all other aquatic animals --as well as for the balance of oxygen and carbon dioxide in the air. Salmon, shad, sea trout and other fish that feed on those animals grow or breed here. They as well as their prey provide food for tunas, billfishes, +►'�" sharks and other predator fish, and for,the .:`. great flocks of birds that stop to feed while •-- ei migrating, or to stay for the winter. UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF SPORT FISHERIES AND WILDLIFE WASHINGTON, D.C. 20240 i Nor are you set off from this cycle, though you may at first feel like an intruder. Most of the fish, lobsters, shrimp, oysters and clams you eat come from these estuaries. Your own organic waste and the runoff from the farms that feed you are major contributors of nutrients for estuarine life. The connections are numerous and complex. _=>r Unfortunately, men harm the estu- aries on which they are so dependent: pour too much raw sewage into rivers, _ dump "fertilizer" that overfeeds the A algae and chokes the water, and pesti- �°!:,- -:-_ . - cider and industrial wastes that poison lants and animals straining P g or break- �r ing the fabric of the food web. Water used to cool factories and power plants carries heat that upsets the temperature =-- balance to which all life is closely attuned. So we have less fishing, fewer waterfowl, less harvestable food -- and what we can harvest is full of our own chemical inventions. Further- more, if we continue to kill phytoplankton with our wastes, we will diminish the basic element of life: oxygen. To some people, estuaries hold promise of great economic gain. Oil and sulfur lie under them, and the Nation has great demands for both. The shallows can be dredged for shipping or filled for real estate developments. Industries have found -that filled estuarine lands give them easy access to water transportation, plus a convenient disposal system for their effluents. Realtors have capitalized on the great interest in oceanside property. But what if the oil spills? Birds are killed by the thousands, plank- ton by the billions, beaches are ruined for months, possibly years --practi- cally as well as esthetically. It is also harmful to life, sometimes in ways not immediately apparent, as if we pushed a button detonating a bomb so far away that the explosion takes years to reach us. Development is not subtle. It de- stroys the scenery that attracted resi- dents in the first place, but worse, it eliminates the habitat necessary for thousands of wild things. Some, like the brant, a bird completely dependent on estuaries.for food, are being stead- ily pushed back by such encroachment. Tide blockage and alterations of stream - flow in the drainage basin also interfere with the continuance of life. t Human use of estuaries is vital. We need harbors and oil. But we also need food and that elusive quality called beauty, so we must not allow short-range, unplanned economic development to destroy our long- range supply of either. Except for a few in Alaska, all of our Nation's estuaries have been a}� degraded by man. The latest study by the Department of the Interior published in 1970, revealed that 23 percent of all our estuaries have`?gip been severely modified, 50 percent— moderately modified, and 27 percent slightly modified. The severe changes are concentrated along the West Coast; on the East and Gulf Coasts modi- fication is generally less severe because estuaries are more numerous. Most of our major cities are on estuaries or the quasi -estuarine regions of the Great Lakes. The trend is toward accelerating industrial and residential use. If it is not soon halted and reversed, the environmental values of all these areas will be destroyed within a few decades. What is being done? The answer is: not nearly enough. Some estuar- ine areas are included in the National Wildlife Refuge System managed by the Fish and Wildlife Service, others are in National Parks and Federal defense holding, but most are in private ownership under local jurisdic- -tion. Many coastal lands lave been sold by the States to industries and developers at phenomenally low prices, though most States have now stopped .. _ this and some are reclaiming zoning powers from local governments to con- - •: �;�-. - _ trol destructive uses. Pollution control calls for nationwide coopera- tive action, however, because sewage and industrial waste dumped into a stream in Wisconsin will travel to the Mississippi delta. A ------------ Ultimate responsibility lies on the shoulders of the public, for it is they who elect officials and pa- tronize industries. Many estuaries that have been severely damaged will never recover, for dredging and fill- ing are practically permanent surgery. As your boat rises on the tide and the mist burns away, the tern's cry may be lost in the growl of a bulldozer. The sea breeze may blow into your nostrils the stench of chemicals and sewage. It will not be hard, if that time should come, to believe that life is in silent agony below you --and around you. ------------------- -.....-AF .. As the Nation's principal conservation agency, the Department of the Interior has basic responsibilities for water, fish, wildlife, mineral, land, park, and recreational resources. Indian and Territorial affairs are other major concerns of America's "Department of Natural Resources." The Department works to assure the wisest choice in managing all our resources so each will make its full contribution to a better United States—now and in the future. GPO 926.152 O K E N A I P E N I N S U L A B 0 R 0 U G H Post Office Box 850 SOLDOTNA, ALASKA 99669 NOTICE OF PLANNING & ZOINING CL)KNISSION ACTION TO: SURVEYOR E17 /7 SUBDIVIDER CITY OF: HOM'R /7 KENAIRSELDOVIA /_7 SEWARD /-7 SOLDOTNA /_7 l� Enclosed is a copy of the Kenai Peninsula Borough Planning and Zoning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELI1,11NARY PLAT HAS BEEN: /7 Approved, the subdivider may proceed with preparation of the final plat in accordance with the Kenai Penin- sula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the provisions list- ed. The subdivider may proceed with the preparation of the final plat in accordance with the listed pro- visions and those contained in the Kenai Peninsula Borough Subdivision Ordinance 26. Z7 Conditionally approved, subject to the conditions list- ed. These conditions must be met before proceeding with preparation of the final plat. L7 Disapproved for the reasons listed. eg Tabled for the reasons listed. THE FLUAL OR PR:-;LI*,JNARY/FIWAL PLAT HAS BEEN: /^7 Approved, the subdivider should now obtain all needed signatures on the attached original and two copies, obtain the required tax certificate (if not already obtained) and return all the documents to the Planning Department for recordation. A copy of the plat con- taining the recorded data will be forwarded to the sub- divider and upon receipt may proceed with the sale or conveyance of the parcels. L7 Conditionally approved, subject to the conditions list- ed. These conditions must be met prior to the record- ing of the plat. L-7 Disapproved for the reasons listed. L7 Tabled for the reasons listed. Should you have any questions, please feel free to contact this office. (Planning Department, -r. G. S. Best). May 2, 1972 Kenai Planning $ Zoning Commission Box 580 Kenai, Alaska RE: Commission's inquiries regarding out-of-town contractors in Kenai and City business license. Your Commission has asked my opinion on possible pursuit of out-of- town contractors doing business within the City of Kenai to assure reporting of earnings in Kenai and not at the town from which they might originate. This subject has arisen before. I personall, have done and would recommend as follows: 1. Report any new business known to be operating in the City of Kenai to the Kenai Peninsula Borough and ask if they are registered for sales tax. That sales tax registration alone would be a way to secure identification of the contractors, etc. 2. Get a list of the out-of-town contractors doing business in Kenai and ask if they have reported their activities on the Alaska Business License Tax Return. when you have the name and address of a contractor, you can get this information very quickly from the Dept. of Revenue of the State of Alaska. 3. I think the methods that I have suggested in the above paragraphs would be the best way to assure the reporting of earnings and gross receipts at Kenai, rather than a City business license. I think that the largest returns are going to be secured from large contractors doing business in Kenai who should be known to the City administration. Reports and follow-up on such contractors would assure the reporting of earnings at Kenai so that Kenai would get the 60%q revenue refund. 4. 1 could only recommend a City business license in the event that no cooperation was forthcoming froom the Dept. of Revenue. Then the City business license requirements could be used to document the activity in Kenai. The problem, as I see it, with the City business license is the fact that at least 3/4 of the people securing the City business -license are local. Those local people report their gross receipts in Kenai. Therefore, your inconveniencing 3/4 ( and this is just an estimate on my part -- it may be even more) of the people because of the omissions of a small percentage. It would seem to me that that small percentage shold have enough visibility or enough local knowledge about them to enable the enforcementactiv' ies that I have outlined or sug- mr�'k gested above. SAI PROFESSIONAL OLO9. P. 9+ BOX 9 EPlA[. ALASKA 99611 pp ELEPNONE 293.7$95 .l FS E. FISHER C' y Attorney KENS'' PENINSULA BOROUGH PLANNING & Z1 'NG COMMISSION MEETING fay APRIL 24, 1972 PAGE 4 Public hearing will be held before the Borough Assembly on May 2, 1972. AGENDA ITEM 2. CONSIDERATION OF SUBMITTED PLATS: A. BOYER (DAVID N.) SUBDIVISION (PRELIMINARY) Mr. Best presented the staff report noting this subdivision is located in the Harbor View vicinity in the City of Kenai. The following letter from the subdivider was read by Mr. Best: "Please find enclosed six (6) copies of plat for Boyer property in Kenai. Request "exception" on entry or street width re- quirements from Bluff St. into area noted as A on plat. Also request approval of plat for record purposes. Yours truly, /s/ David N. Boyer" A letter from the City of Kenai Advisory Planning & Zoning Commission was read which contained the following questions and comments: "l. Whether the 16" entyy to lot A belongs to lot A or to the lot West of Lot A. 2. The access to lot A appears to be too narrow. 3. Does the lot directly East of lot A have ingress and egress? 4. Recommend all lots be identified by numbering." Mr. Best then read a letter which he had written Mr. Boyer and asked Mr. Boyer to answer the questions of the Kenai Advisory Planning & Zoning Commission directly with a copy of the letter to him. The planning staff has reviewed the plat and request and suggest the plat and exception request be tabled to give the City of Kenai time to receive answers to its questions and reach a decision. Commissioner Leirer moved to table the request, seconded by Commissioner Dimmick. The motion was passed unanimously. B. BIRCH HILL SUBDIVISION (PRELIMINARY/FINAL) Mr. Best presented the staff report noting this subdivision is located just west of the Kenai Spur Hwy. approximately 2 1/2 miles north of the Soldotna "Y" and is a resub of the Lancashire Homestead plat. The following letter from the sthdivider was read by Mr. Best: "This is a subdivision of Tract One of the Lanca- shire Homestead, with my home situated on Tract one - B. I plan to develope Tract One -A for rural residential use with individual water and sewer systems. I request an exception from the Subd. regulations regarding the 3 to 1 depth ratio for Tract One -A due to topography. Re: Section line right-of-way vacation. I hereby petition the Kenai Peninsula Borough to take appropriate action necessary to vacate the section line right-of-way common to Sections 17 and 18 thru this subd. as shown on plat, due to topo- oCITY OF KENAI P. O. BOA 580 - KENAI, ALASKA - PHONE 28 5 n. TO: Kent PlzkininIREFERE ission - I- A FROM: City Attorney R DATE S May 1077 E (`nmmittPp Cnhctitntss ouse Bill 290 Enclosed is the Bill which deals directly with land subdivision. Also attached is a c)py of a summary of criticism by the Greater Anchorage Area Borough Planning Commission. -- it is really very detailed and could be veryhelpful. I am also forwarding a status of Bills as of 22 April, 1972, in- dicating the status as having passed the House. ids SIGNFn HATE Speedisef ® Moore Business Forms, Inca ANCHORAGE, ALASKA PLEASE RETURN PINK COPY WITH YOUR REPLY 0L. ..� K ' i7C9 h } ,' ,h W_Q u! r 30) Original sponsor: Commerce Committee Ored: 4/10/72 erred: Rules 3 1 IN THE HOUSE BY THE COMMERCE COMMITTEE 2 CS FOR HOUSE BILL NO. 290 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 SEVENTH LEGISLATURE - SECOND SESSION 5 A BILL 6'For an Act entitled: "An Act relating to land subdivision." 713E IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8 * Section 1. AS 40.15.110 is repealed and re-enacted to read: 9 Sec. 40.15.110. WAIVER IN CERTAIN CASES. (a) The platting 10 authority shall, in individual cases, waive the preparation, submission i lli for approval, and recording of a plat upon satisfactory evidence that: i 12 (1) each tract or parcel of land will have adequate access 13I to a public highway or street; 14 (2) each parcel created is five acres in size or larger and 15 that the land is divided into four or fewer parcels; 16 (3) the conveyance is not made for the purpose of, or in 17 connection with aresent or p projected subdivision development; is (4) no dedication of a street, alley, thoroughfare or other 19 public area is involved or required. 20 (b) In other cases the platting authority may waive the prepara- 21 tion, submission for approval, and recording of a plat, if the trans - 22 action involved does not fall within the general intent of this chapter 23 and if it is not made for the purpose of, or in connection with, a 24 - present or projected subdivision development and that no dedication of ZS a street, alley, thoroughfare, park or other public area is involved 26 or required. 27 Sec. 2. AS 40.15 is amended by adding a new section to read: 28 Sec. 40.15.200. APPLIC,..TION TO STATE AND POLITICAL SUBDIVISIONS. 29 All subdivisions of land made by the state, its agencies, -1- CSHB 290 I instrumentalities and political subdivisions are subject to the provi- 2 sions of this chapter and shall comply with local regulations adopted 3 under this chapter in the same manner and to the same extent as sub - 4 divisions made by other landowners. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 -2- CSHB 290 Greater Anchorage Area Borough Planning and Zoning Commission Subcomnittee on , Legislation - Summary of reasons for opposition to CS for House Bill No. 290. 1. Land could not be easily resubdivided via experience with BLM five -acre small tracts 2. This could lead to grid subdivision patterns without considering topographic variations, etc. 3. It precludes local control and review of large tracts which may need extensions of utility easements, se::ers, drainageways, streets, such as in mobile home courts, condominiums, etc. 4. This would permit spotty, leap -frog development, some of which may be premature for extension of comr,unity services and facilities. This impact would be gre.test with Native land claims. 5. How are determinations `3 and r4 to be made and by whom if nothing is to be submitted for approval? 6. Item #3 is vague and contradictory. 7. Item #4 is in direct conflict with zi. if dedications are not involved or required, how can the adequate access provision of #1 be met or guaranteed? S. Pre-emption of local government authority to govern the subdivision of all land within its boundaries as well as hinderance of local platting authorities from providing for the norral and continued extension of streets and utilities to serve the growth and development of the community. 9. Creation of a loophole which encourages evasion of subdivision regula- tions, and reduction in the level of local protection to the unwary land purchaser. 10. Discrimination against those who must plat their subdivision as a requirement for financing, insurance, etc. 11. Reduction in the capability of local platting authorities to enforce their own regulations. -'12. There is no requirement that tie platting authority be informed so that it may determine whether the requirements of the exemption have been complied with. In effect, this means that whatever restrictions are written into such an exemption from subdivision are unenforceable as a practical matter. 13. By removing the approval authority from local governments, land could ' be subdivided and development initiated on known flood plains or geologically hazardous areas. Furthermore, the means to assure accurate property descriptions are recorded and subsequent court disputes avoided would be seriously impaired. 14. This bill would give the subdivider, whose only interest may be in disposing of land regardless of consequences, a substantial financial advantage over a subdivider who is concerned with developing land to best utilize its topography with due regard to traffic, lot sizes, street layouts, and the other essentials of a good subdivision. It strongly encourages .chat is probably the worst form of land subdivision, that is, haphazard, random sales of lots located within a larger parcel simply as buyers become available, with no thought for orderly development of the parcel. NOTICE The Regular Meeting of the Kenai Planning & Zoning Commission has been postponed from Wednesday, May 24, 1972 to Friday, May 26, 1972. This meeting was postponed due to the graduation exercises held on May 24., 1972. There will be a Public Hearing on Street, Water & Sewer improvements - Davidson Drive. June 2, 1972 Mr. Ralph Darbyshire Kenai Peninsula Borough Bax 850 Soldotna, Alaska Dear Mr. Darbyshire: The Kenai Planning & Zoning Commission requests you to start the proper proceedings to regone the following from residential to commercial.: Government lots 16 through 29 and lots 31 through 33 of Section 6, T5N, R11W, S.M. Thank you. Sin cerely, vj'4� Al Hudson, Chairman Kenai Planning & Zoning Commission Bax 580 Kenai, Alaska N Cn K E N A I P E N V N S V L A BOROUGH Post Office Box 850 V� t V C� SOLDOTWA, ALASKA 99669 N l'J UOTICE OF PLAMING & ZO_JING COMISSION FACTION TO: SURVEYOR /_7 /% SUBDIVIDLR �/ CITY OF: HOI-M- R /% KENAI /]� SELDOVIA /% SEWARD /% SOLDOTNA /% Enclosed is a copy of the Kenai Peninsula Borough Planning and Zoning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELIIIINARY PLAT HAS BEEN: Approved, the subdivider may proceed with preparation of the final plat in accordance with t:1e I:enai Penin- sula Borough Subdivision Ordinance 26. Conditionally approved; subject to the provisions list- ed. The subdivider nay proceed Frith the preparation of the final plat in accordance with the listed pro- visions and those contained in the Kenai Peninsula Borough Subdivision Ordinance 26. /% Conditionally approved, subject to the conditions list- ed. These conditions must be met before proceeding with preparation of the final plat. L7 Disapproved for the reasons listed. /% Tabled for the reasons listed. THE FINAL Oh PRE-LI:IIJUkRY/FINAL PLAT HAS BEEN: Z% Approved, the subdivider should now obtain all needed signatures on the attached original and two copies, obtain the required tax certificate (if not already obtained) and return all the documents to the Planning Department for recordation. A copy of the plat con- taining the recorded data will be forwarded to the sub- divider and upon receipt may proceed with the sale or conveyance of the parcels. Z7 Conditionally approved, subject to the conditions list- ed. These conditions must be mat prior to the record- ing of the plat. Disapproved for the reasons listed. L% Tabled for the reasons listed. Should you have any question:;, please feel free to contact this office. (Planning Department, .:r. G. S. Best). 4. KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 3 JUNE 26, 1972 preliminary/final approval be granted subject to: 1. A 30' half road easement be made along the north boundary and along the west boundary south to connect with the existing easement. 2. Name all roads which are not named. Commissioner Holly moved, seconded by Commissioner English to approve the preliminary/final plat subject to the staff's recommendations. The motion carried unanimously. C. KENAITZ5SUBDIVISION (PRELIMINARY) The staff report was given by Mr. Best noting that this is located southeast of the Kenai Junior High School. A letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends pre- liminary approval subject to the approval of the City of Kenai Advisory Planning Commission and that the owners get together with Mr. Jim Evans of Homer Electric Association regarding the utility easements. Commissioner Leirer moved, seconded by Commissioner Dimmick to approve the preliminary subject to the staff's recommenda- tions. The motion carried unanimously. d. KACHEMAK ESTATES RESUBDIVISION OF LOTS 3 & 4 (PRELIM- INARY/FINAL) Mr. Best gave the staff report noting that this located 1/2 mile northeast of Miller Landing and 1/2 mile south of Fritz Creek Drive in the Homer area. A letter from the subdivider, which is on file, was read. The planning staff has reviewed this plat and recommends pre- liminary/final approval subject to the original lot lines being indicated on the plat. Commissioner Leirer moved, seconded by Commissioner Dimmick to approve the preliminary/final subject to the staff's recommendations. The motion carried unanimously. e. PTARMIGAN ACRES (PRELIMINARY/FINAL) The staff report was given by Mr. Best noting that this is located 1/4 mile east of Skyline Drive Extension in the Homer area. A letter from the subdivider, which is on file, was read. This is an aliquot parts subdivision. The planning staff has reviewed the plat and recommends the 3 to 1 depth ratio be waivered and that the preliminary/ final approval be given subject to the commas in the aliquot parts description being removed. Commissioner Dimmick moved, seconded by Commissioner Holly to approve the preliminary/final plat subject to the staff's recommendations. The motion carried unanimously. f. POPPIN SUBDIVISION (PRELIMINARY/FINAL) Commissioner Poppin, the owner, requested the plat be tabled as the dedication for the road easement was going to be changed. Commissioner English so moved, seconded by Commissioner Holly. The motion carried unanimously with Commissioner Poppin ab- staining due to personal interest. N E'J 2 w � � A � You are being sent this notice because you own property adjacent to or within 300 feet of the described property. CHEECHAKO NEWS PUBLIC NOTICE Notice is hereby given that petition to rezone Government Lots 16 through 29 and Lots 31 through 33, Section 6, Town- ship 5 North, Range 11 West, Seward Meridian, from Suburban Residential to General Commercial has been received by the Kenai Peninsula Borough Planning and Zoning Commission from the City of Kenai. Public hearing on this petition for rezoning will be held by the City of Kenai Planning and Zoning Commission at their regular meeting on Wednesday, June 28, 1972, which commences at 7:00 P.M. in the Library Building in Kenai, Alaska. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning and Zoning Commission at their regular meeting Monday, July 10, 1972, which com- mences at 7:30 P.M. in the Borough Building in Soldotna, Alaska. The Kenai Peninsula Borough Assembly will hold final reading of Ordinance 72-9 concerning this rezoning petition at their regular meeting, Tuesday, July 18, 1972, which commences at 7:30 P.M. in the Kenai Peninsula Borough Assembly Room, Borough Building, Soldotna, Alaska. Anyone wishing to be heard on this matter should present their testimony at these hearings. Ralph R. Darbyshire Planning Director Publish: June 15, 22 & 29, 1972 !Z w. . July 10, 1972 Mr. Al Hudson, Chairman City of Kenai Planning Commission Box 850 Kenai, Alaska 99611 Dear Sir: Approximately 18 months past I erected a log building as a private garage. Subsequently, I converted the use of the structure to a shop for the purpose of sales and repairs of firearms. Last August 1971, I was notified by the Borough Planning Commission by registed letter to cease and desist in this pursuit. I did so. I am now better acquainted with the City of Kenai Ordinances regarding such matters. I therefore am applying to you to process my application for use of this building under home occupations clause of the City Ordinance regarding such enterprise. Enclosed with this letter of application are: 1. Reference page Ordinance referring to such enterprise 2. Platt of survey of property 3. Photo of my home 4. Photo of proposed shop I believe the conditions for this request are in compliance with the Ordinance. I wish the Planning Commission to consider this request favorably at its earliest convenience. Sincerely yours, Floyd H well Route 3 Kenai, Alaska 99611 enclosures /LrA� �� ��G��� O��y ���.e D. Elimination of Edon -Conforming; Signs Sigus uhich do not coliform to the requirements of this ordinal, -- shall be eliminated within 3 years from the date of passage r_c this ordinaace. Section 14-15 HOIT�: OCCUTIATI0,11s A. Intent It is the intent of this ordinaace to permit home occupations which are compatible with other per-,Atted uses and with the residential character of a neighborhood, aad uhich are clearly secondary or iaci- dental to tile residential use of Cie main building. In general, a home occupatio.a is an accessory use so located and conducted that the average nei-hbor, under normal circur,.atances c,Youlj not be aware of its exis- tence other ti -tan for a sign as oerptitted is Section 14-b-2. 'tome occupations are permitted accessory uses in residential zones only so long as all the development require-oeats'listet-1 in this section are oDserved. B. Uses Permitted Subject to the development requirements of "his section horne occupations include but are not limited to the following uses: 1. Art studio 2. Day care of no -more than ten pre-school age children 3. Dressmaking 4.")- T-illiae ry 5. Beauty parlor 6. Tutoring; and musical instruction C. Uses Prohibited 1. Co=�,iercial auto and boat repair 2. Corimercial kennels or similar uses 3. Convalescent horiies for the care of more than two patient - 4. 11ortuaries 5. Private schools with organized classes 6. Real estate office 7. Restaurants D. Development Tequirenients L. Not more than one person outside the family shall be employ-:-,'. in tile home occupation. 2. -.No nore than 30'/n of the gross floor area of all buildings cn the lot shall be used for the home occupation. 3. The home occupation shall be carried on wholly *within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be vholA.y enclosed. -24- storage, display or other 4. There shall be no exterior sign, evidence of the hoiae occupation or variance fron the residenti..?. character of the principal building except for the sign permit: -=cd in Section 14-b-2 Sac. 14-16 OFF -ST LIE'T PARKING kTD LO_4DING r OUIPOIENTS In all zones there shall be provided at the time of the construction of any main building or at the time of the alternation, enlargement or any change in use of any main building, permanently maintained off-street parking facilities for the use of occupants, employees or patrons of such building. It scall be tiie joint and several responsibility of the owner and/or occupant of any maid building or structure to prov'7a-2, and thereafter maintain minimuri free off-street parking facilities as required below. No existing parking area and no parkinc, area provided for the purpose c' complying with the provisions of this ordinance, shall hereafter: be ir;.. linquished or reduced in any manner below the requirements herein established. A. Site Plan Submission A site plan snaaing all parking and loading areas sh411 ecccnpar all applications for building permits. Said plan small show dimcn- sions of spaces, curb cuts and other information necessary to de- termiae compliance wita the provisions of this ordinance. The a_t- *ninistrative official shall approve or reject the site plan on t^e basis of compliance with the requirements of this ordinaiices 11 cerificate of zoning compliance and building_ permit shall be issv,:s unless the parking site plan is approved. B. Joint Parkins Areas Where there is rrore than one use in a single structure or on a sit:: (e.g, doctor, attorney, and retail grocery) or two or more separal'e instances of the same use, off-street parking requirements shall bc the sum of the requirements for the various uses provided, however, that where tiro or more uses provide a single joint parking area, and their total required spaces totals 2u or more, the minimum re= quirement will be 751; of the sum of the requirements for the variwrs computed separately. C. Location of Parking Any parxia; space provided pursuant to this sectiou shall be on the same lot with the main use it serves or on an adjoining lot except that the Planning; Coi,=I ssion by a conditional use permit as speci- fied in Section 13 may allow parkin; spaces to be on any lot if it determine that it is impractical to provide parkin; on the s�=-z lot. -25- 1.4 Isavv'r Loor 'A624 (100' go - A SVRM OF A PARCM, OF LAND IN TV, AUZ Jx;LZCHCK 1N S C.I, T. I N., R. 11 W. ff S. I., CITY OF KWAI, CAUAL, kCCOP.DTNG To M WTES ?� BUMS DPSC"PTjC)N THTRY-OF R-MWMD IN DMJ WM 41, PkGr 84, MAT PnORDIF0, 7)TSIT'ICT. I hereby certify that the above—dmscribo-A rr-')rerLY was su,rvey*d undmr my direcLion SW buildings located as shown hereon. T `--thmr ce-ri,ify }iiaf. given dimensions and bou44W are true and correct, to the !-eat of my knowi ,e P( - and belief, that shown 04WPRfttiV0 elevations are as noted, and that utero are n'(,, encroachments involved. Of At I'At 4,1. '44 X1, Xrou Ak_,k-A,A July 17, 1972 Ralph Darbyshire Kenai Peninsula Borough Box 856 Soldotna, Alaska Dear Mr. Darbyshire: The Renal Planning & Zoning Commission, at their Regular Meeting of July 12, 1972, recommend that Mr. Floyd Howell be allowed to operate his gun shop as a home occupation in accordance with Kenai Planning & Zoning Ordinance, Secti WILLIAM A. EGAN, GOVERNOR OFFICE OF THE GOVERNOR STATE PLANNING AND RESEARCH POUCH AD — JUNEAU 99801 / PHONE 586-5386 July 26, 1972 Mr. Edwin H. Glotfelty Manager City of Kenai Kenai, Alaska 99611 Dear Mr. Glotfelty: Subject: Appointment of State -Federal Coordinator This letter is for the purpose of announcing the appointment of Ray Estess as State -Federal Coordinator in the Division of Planning and Research, office of the Governor. In this capacity, he will administer the A-95 State Clearinghouse function, and the other State -Federal coordination matters for which this Division has responsibility. Mr. Estess comes to us from the Greater Anchorage Area Borough, where he held a position involving development and coordination of State and Federal grant programs. The addition of Mr. Estess to our staff will permit the Division to better implement the project notification and review system associated with the Office of Management and Budget Circular A-95 Clearinghouse Procedures. All correspondence involving A-95 Clearinghouse activities should be directed to the attention of: Raymond W. Estess State -Federal Coordinator Division of Planning and Research Office of the Governor Pouch AD Juneau, Alaska 99801 (Phone 586-5386) Y, R. W. Pavitt, AIP Director `A) �p KENA1 PENINSUUA R*ROUGH Box 850 Whone? ,262-4441 SOLDOTNA, ALASKA 99669 GEORGE A. NAVARRE CHAIRMAN August 2, 1972 Mr. Edwin H. Glotfelty Kenai City Manager P. O. Box 580 Kenai, Alaska 99611 Dear Mr. Glotfelty; Attached is one copy of Kenai Peninsula Borough Resolution 72-15R "Relating to Planning, Platting and Zoning Powers by Ordinance for First Class Cities", as adopted by the assembly in regular session August 1, 1972. The assembly would appreciate Municipal League support of this resolution. Yours very truly, (Mrs)Frances Brymer Borough Clerk FB:jb encl. y a,� Introduced by: Assemblyman Hulm Date: August 1, 1972 KENAI PENINSULA BOROUGH RESOLUTION 72-15 R A RESOLUTION RELATING TO PLANNING, PLATTING AND ZONING POWERS BY ORDINANCE FOR FIRST CLASS CITIES BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: WHEREAS, the Kenai Peninsula Borough's attempted imposi- tion of a boroughwide planning, platting and zoning ordinance to areas outside first class cities was met with tremendous opposition by the overwhelming majority of our citizens, and WHEREAS, this tremendous opposition lead to the assembly's discontinuance of the attempt to apply a planning, platting and zoning ordinance to those areas, and WHEREAS, the Kenai Peninsula Borough Assembly believes that, in the interest of competency, diligency, and expeditious execution of planning, platting and zoning matters, first class cities should, by ordinance, have the right under State law to retain those powers, and WHEREAS, the Alaska Municipal League Board of Directors has decreed that any suggestions to be considered by the Legislative Committee of the League must be submitted to the League office at least thirty days prior to October 23, and WHEREAS, Part One of the Alaska Municipal League's Legis- lative Committee's 1973 Preliminary Policy Statement, relating to municipal legislative programs, is deficient in referring to this paramount necessity, BE IT RESOLVED that it is the will of this assembly that said Legislative Committee is respectfully requested to priori- tize the following with Part One of the municipal legislative program: MUNICIPAL PLANNING, PLATTING AND ZONING AUTHORITY - To support legislation authorizing first class cities to under- take by ordinance, powers and functions relating to planning, platting and zoning. BE IT FURTHER RESOLVED that the Alaska Municipal League's October 25-27, 1972 Conference State Policy Committee is re- spectfully requested to endorse, prioritize and lend official support to such legislation. COPIES of this resolution shall be transmitted to each member of the Alaska Municipal League's Legislative Committee; each member of the Alaska Municipal League's Board of Directors; staff members Don M. Berry and Marilyn Miller and the Honorable William A. Egan, Governor of the State of Alaska. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 1 DAY OF August , 1972. ATTEST: Borough Clerk Assembly President 0 Kenai Peninsula Borough Resolution 72-15 R -2- 11 C) KENAI P E N 1 11 S ULA D 0 R 0 U G H Post Office Box 850 SOLDOTNA, ALASKA 99669 I NOTICL OF PLANNING & W.JING CO.Zlk;ISSION ACTION TO: SURNMYOIR Z-7 %%SUBDIVIDER CITY Or. HONER /-7 KENAI 00 SELDOVIA /_7 SE-1-MIRD /._7 SOLDOTNA /_7 Enclosed is a copy of the Kenai Peninsula Borough Planning and Zoning Conmission minutes of the neeting at which the noted subdivision plat was reviewed. THE PRELI111NARY PLAT HAS BEEN: Approved, the subdivider may proceed with preparation of the final plat in accordance with tae 411,enai Penin- sula Borough Subdivision Ordinance 26. 10 Conditionally approved,- subject to the provisions list- ed. The subdivider may proceed with the preparati-on of the final plat in accordance with the listed pro- visions and those contained in the Kenai Peninsula Borough Subdivision ordinance 26. /_7 Conditionally approved, subject to the conditions list- ed. These conditions must be itzet before proceeding with preparation of the final plat. E7 Disapproved for the reasons listed. Z-7 Tabled for the reasons listed. THE FI.-4AL Olt PIR-_Lli'111,'+RY/rINAL PIAT HAS BEEN: 1-7 Approved, the subdivider should now obtain all needed signatures on the attached original and two copies, obtain the required tax certificate (if not already obtaincd) and return all the documnants to the Planning Department for recordation. A copy of the plat con- taining the recorded data will be for%aarded to the sub- divider and upon receipt may proceed with the sale or conveyance of the parcels. Conditionally a) - -)provcd, subject to the conditions list- ed. These conditions rjust be mat prior to the record- ing of the plat. L7 Disapproved for the reasons listed. /_7 Tabled for the rcasons listed. Should you have any questions, please feel free to contact this office. (plarini,lig Dc-part;,,ent, Er. G. S. Best) . 7 KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 2 AUGUST 14, 1972 b. Henry Leirer Subdivision (Vacation &-Replat) Mr. Best gave the staff report noting that this request is located on Nash Road just east of Salmon Creek in the Seward area. The preliminary/final plat was approved subject to resolution of the vacation on July 24, 19.72, and that the streets be named. Public notice was published in the Phoenix Log on July 27, August 3 and 10, 1972. The planning staff has reviewed the request and recommends the vacation be granted upon recordation of the final plat. Chairman Peck opened the hearing to the public. There being no one to present testimony, the public hearing was closed by Chairman Peck. Commissioner Hursh moved, seconded by Commissioner Palm, to grant the vacation upon recordation of the final plat. The motion carried unanimously. AGENDA ITEM 4. Consideration of Submitted Plats: a. Etolin Subdivision First Addition Resub. Block 1 (Preliminary) The staff report was given by Mr. Best. This subdivision is located on Willow Street just south of the airport terminal in the City of Kenai. Blocks 1 and 2 were created in July of 1969 via a replat of Alyeska Part 1, Lot 5D replat. A letter from the City of Kenai and a portion of the minutes from the City of Kenai Advisory Planning & Zoning Commission meeting of June 28, 1972, were read by Mr. Best. The motion carried unanimously to approve the preliminary plat at their meeting. The planning staff has reviewed the plat and recommends pre- liminary approval. Commissioner Holly moved, seconded by Commissioner Hursh, to approve the preliminary as submitted. The motion carried unanimously. b. Anderson 1972 Addition (Final) Action on this plat was taken under Agenda Item 3-a. c. Soberg Subdivision (Preliminary) The staff report was given by Mr. Best. It was noted that this subdivision is located on the west shore_of Sports Lake in the Ridgeway area. Mr. Best read a letter from the sub- divider which requested exception to the 3 to 1 depth ratio in order to provide access for each lot to the lake. The planning staff has reviewed the plat and recommends granting the exception and preliminary approval subject to: 1. Utility easements as requested by Homer Electric Association. 2. Roads be named. 3. Approval of the Alaska Dept. 6f Health and the Dept. of Environmental Conservation. Mr. Best brought to the attention of the commission that Homer Electric Association has requested a 5' easement on the front-, of the lots for clearing and underground utilities. Mr. Best L IrL7 September 14, 1972 Al Hudson, Chairman Kenai Planning & Zoning Commission Box 580 Kenai, Alaska 99611 Dear Al: The City Council at their Regular Meeting of September 6, 1972, discussed an appropriation for street signs. The Council did not include this in this years budget, therefore there is no money available at this time. The Council will discuss this at their next budget session. Sincerely, ILS �- ��� �4 Bruce A. Massey Assistant City Manager BAM/ s s x2 A, --- A ...-- A federal experiment with manufactured housing leaves most of the infant industry's problems unsolved. But experts expect success eventually. Companies leading the effort to build cheaper and better homes in factories are encountering an array of unforeseen problems that are prompting second thoughts on the whole concept. One of the leaders of the industry recently filed for corporate reorganiza- tion under the federal bankruptcy law. Two are closing down plants. Still oth- ers say they will get out of the business of manufacturing dwelling units as soon as they wind up their obligation to the Federal Government in the program known as "Operation Breakthrough" that was supposed to point the way to a rev- olution in the building business. Under that program, 2,800 factory - built homes were slated to go up in nine cities around the country. Aims of the experiment: o To show what factory methods can accomplish in the way of cutting costs while providing high quality. o To kindle enough interest in this type of construction so that demand would be generated for many thousands of units and thus make low-cost, mass production possible. Mixed results. Now the effort, which will have cost the U. S. 65 million dol- lars, is coming to an end. What are the results? Visits to a number of the sites of the new homes and talks with industry experts point to these conclusions: The products of the factories—town houses and apartments for the most part —generally are attractive and well- built. People who have already moved into some of them seem well pleased. Many in nearby neighborhoods who were suspicious and apprehensive about the projects at the start appear to be re- assured by the actual results. But houses still are not rolling off assembly lines at lower prices than con- ventionally built dwellings, with the possible exception of the Northeast. Else- where, the factory products are turning out to be too expensive to qualify for further support, even from the Federal Government, though the Department of Housing and Urban Development has AUGUST, 1972 set aside funds to subsidize an additional 24,000 units. Many companies involved in the experiment—some industry sources say all of them—are los- ing money on this venture. In some cities, where build- ing codes and union rules were set aside temporarily to facili- tate the use of manufactured . "modules," the restrictions will be going into full force again. , The demonstration projects have not resulted in sweeping reductions of these obstacles to modern methods. And other builders are not rushing to adopt the innovative techniques. "Not for years." This con- clusion comes from a `Fest Coast housing consultant: "I happen to be one who be- lieves that industrialized housing r- is going to have its day, but it is still in virtual infancy. I think builders look at the troubles some of the industrialized pro- ducers have had, and that speaks to them more than Break- through. Industrialized housing hasn't taken over yet, and won't for some years to come." All this is a far cry from the hopes once expressed by the man who launched the federal demonstration, George W. Romney, Secretary of Housing and Ur- ban Development. A former auto execu- tive, Mr. Romney wanted to point the way to mass marketing and production in an industry that has been characterized by small builders aiming at very lim- ited, local markets. Success in the ex- periment, the Secretary suggested, could lead to factory construction of two thirds of new homes by 1980. So far, only one part of the factory housing business is living up to the HUD Secretary's goals—mobile homes. Indus- try sources predict that 580,000 mobile homes will be produced this year, up 90,000 over 1971. Department problems. Some build- ers have complained that Mr. Romney's Department, for all its professed enthu- siasm for innovative systems of build- ing, has been slow to change its own procedures and standards which are geared to conventional construction. A contractor who built some of the Breakthrough units at Macon, Ga., says r. Modules making up houses or parts of houses played big part in "Operation Breakthrough." that they are being sold at faf below cost. He says the Government is putting a price tag of $18,000 on dwellings that include "more built-in appliances and other features than you get in a $45,000 condominium in America." Admiration for the new housing—and worry over its cost—is not confined to the companies that have been involved in the work. Clarence Martz, a builder in Kala- mazoo, Mich., who was not involved in the project there, describes the units as well-designed and well-built. He adds, "We would like to adopt some of their ideas, if the costs come down." But Mr. Martz notes, "We find we can build the same house, same size, for $2,000 to $5,000 less by conventional methods." The extra cost does not fall fully on the people who are moving into the Breakthrough developments. Roughly two thirds of these families are expected to get some kind of subsidy. Because of this aspect of the program, there was fear in most of the areas that there would be a massive influx of poor people who would depress property values. In Sacramento, where the experimental units are going up on part of the old State fairgrounds, the first reaction of the neighbors was, "This is just another federal giveaway and they will have their problems," James Byal, a salesman for the new homes recalls. Now, he says, the reaction is less skeptical. People appreciate the quality of the housing, and they seem to be more aware of the basic purpose of the project. The homes have attracted tenants or buy- ers with a fairly wide range of incomes. In New Horizons Village, near Kala- mazoo, annual incomes range from $1,132 to $51,000. Nearly half the purchasers of the cooperative units at Crystal Lake, near Macon, Ga., qualify for subsidy. But the very poor are Zm find out whether subsidized housing can be built in a once -blighted downtown area and not become just another slum. "Safer for my kids." So far, the re- sults there appear encouraging. Mrs. Jan- et Davis, mother of four, who moved into one of the new homes last March, says: "It's safer for my kids to play here at night than on the city streets during the day. We would have to pay $300 for four bedrooms elsewhere, if we could find a place, and here we pay less than half that." Her husband, Darrell, adds: "They built these homes with kids in mind. They are wonderful homes, and I think they will stay that way. We are building a community." The Mill Creek units face central play areas instead of downtown stores or of- fices. The site plan calls for two swim - with the manufacturers setting wage rates and other standards for factory labor. Opposition of workers in the build- ing trades remains strong, however, as a union official in :Macon indicates in this statement on the mass -production tech- nique: "It would tear down the wage scales we have been trying to build up. In- stead of hiring a skilled carpenter, you could hire some long -hair off the street who didn't know how to use a pick and shovel and use him to put those things together." Over the years, the high cost of on- site labor has caused builders to turn more and more to the use of components that are factory-made—such things as roof trusses, windows, doorways, and more recently, whole bathrooms and kitchens. At one time, the cost of labor at the building lot accounted for about a third of the total spent on a house. Industry sources say about 20 per cent is typical today. At a time when construe - tion wages were rising more rapidly than factory wages, many experts pre - dieted that the day would soon be at hand when it would be cheaper to �T build homes in factories. Recently, however, wages ., in the building trades „ have been climbing less steeply. That alone, says Rich- ard Wasserman, "has set back industrialized hous- , ing a few years." Mr. Was- serman, now associated Corporation with a firm of private de - be built velopers, was once head of me soon, one of the largest building companies in the United States, Levitt & Sons, which has a factory operation. He adds: "The industry is going through grow- ing pains, but it will come through -in a few years. The economics will work out in due course." Breakthrough "has helped." On the results of Operation Breakthrough, Mr. Wasserman says: "The thing that impresses me is that there has been movement. It hasn't solved all the problems of the factory housing industry, but it has helped es- tablish the framework to solve, these problems." A somewhat different view from a contractor who was involved in a Break- through project: "The ideal situation would be for Operation Breakthrough to have taken place but for your own company not to have been involved in it." —Photo: Materials Systems ... to a finished house. Most U. S. homes will this way some day, experts say, but not any ti kept out by two factors: a minimum -in- come standard of $4,736 a year and the fact that the closest bus stop is five miles away. Incomes of nonsubsidized buyers range up to $31,000. Even so, neighbors in the predomi- nantly white, working-class area nearby fear the project will be swamped by low-income blacks and lower all.proper- ty values. Sales at Crystal Lake are rath- er slow. Craig Lindelow, the local planning director, explains that the hous- ing market in Macon "is soft right now, and people are waiting to see who is moving in." In St. Louis, on the other hand, de- mand for the units is brisk, and resi- dents feel the project has improved the Mill Creek urban -renewal area where it is located. Here, Mr. Romney's Depart- ment is trying, among other things, to ming pools, tennis courts, football and soccer fields, an ice-skating rink and a community center. In some places, builders who might want to buy and erect the same type of housing would not be able to do so in the immediate future, because of Iocal codes or union rules. However, some progress has been made in lowering the barriers that stand in the way of manu- factured homes. Twenty-two States have laws which provide that inspection in the factory eliminates the need for approval by lo- cal officials where the modules are used. In those States, a factory unit can move from plant to building site with- out having to be modified to comply with different city or county codes. Resistance from unions. In addition, some unions have signed agreements INSPf, CT OR'S 3 —Photo: Module Communities, Inc. It can be a relatively quick trip from the housing factory.... Zm find out whether subsidized housing can be built in a once -blighted downtown area and not become just another slum. "Safer for my kids." So far, the re- sults there appear encouraging. Mrs. Jan- et Davis, mother of four, who moved into one of the new homes last March, says: "It's safer for my kids to play here at night than on the city streets during the day. We would have to pay $300 for four bedrooms elsewhere, if we could find a place, and here we pay less than half that." Her husband, Darrell, adds: "They built these homes with kids in mind. They are wonderful homes, and I think they will stay that way. We are building a community." The Mill Creek units face central play areas instead of downtown stores or of- fices. The site plan calls for two swim - with the manufacturers setting wage rates and other standards for factory labor. Opposition of workers in the build- ing trades remains strong, however, as a union official in :Macon indicates in this statement on the mass -production tech- nique: "It would tear down the wage scales we have been trying to build up. In- stead of hiring a skilled carpenter, you could hire some long -hair off the street who didn't know how to use a pick and shovel and use him to put those things together." Over the years, the high cost of on- site labor has caused builders to turn more and more to the use of components that are factory-made—such things as roof trusses, windows, doorways, and more recently, whole bathrooms and kitchens. At one time, the cost of labor at the building lot accounted for about a third of the total spent on a house. Industry sources say about 20 per cent is typical today. At a time when construe - tion wages were rising more rapidly than factory wages, many experts pre - dieted that the day would soon be at hand when it would be cheaper to �T build homes in factories. Recently, however, wages ., in the building trades „ have been climbing less steeply. That alone, says Rich- ard Wasserman, "has set back industrialized hous- , ing a few years." Mr. Was- serman, now associated Corporation with a firm of private de - be built velopers, was once head of me soon, one of the largest building companies in the United States, Levitt & Sons, which has a factory operation. He adds: "The industry is going through grow- ing pains, but it will come through -in a few years. The economics will work out in due course." Breakthrough "has helped." On the results of Operation Breakthrough, Mr. Wasserman says: "The thing that impresses me is that there has been movement. It hasn't solved all the problems of the factory housing industry, but it has helped es- tablish the framework to solve, these problems." A somewhat different view from a contractor who was involved in a Break- through project: "The ideal situation would be for Operation Breakthrough to have taken place but for your own company not to have been involved in it." —Photo: Materials Systems ... to a finished house. Most U. S. homes will this way some day, experts say, but not any ti kept out by two factors: a minimum -in- come standard of $4,736 a year and the fact that the closest bus stop is five miles away. Incomes of nonsubsidized buyers range up to $31,000. Even so, neighbors in the predomi- nantly white, working-class area nearby fear the project will be swamped by low-income blacks and lower all.proper- ty values. Sales at Crystal Lake are rath- er slow. Craig Lindelow, the local planning director, explains that the hous- ing market in Macon "is soft right now, and people are waiting to see who is moving in." In St. Louis, on the other hand, de- mand for the units is brisk, and resi- dents feel the project has improved the Mill Creek urban -renewal area where it is located. Here, Mr. Romney's Depart- ment is trying, among other things, to ming pools, tennis courts, football and soccer fields, an ice-skating rink and a community center. In some places, builders who might want to buy and erect the same type of housing would not be able to do so in the immediate future, because of Iocal codes or union rules. However, some progress has been made in lowering the barriers that stand in the way of manu- factured homes. Twenty-two States have laws which provide that inspection in the factory eliminates the need for approval by lo- cal officials where the modules are used. In those States, a factory unit can move from plant to building site with- out having to be modified to comply with different city or county codes. Resistance from unions. In addition, some unions have signed agreements INSPf, CT OR'S 3 LAWS OF ALASKA ...I ••i� ra 1971 Source Chapter No. CSHB 357 (Judiciary) am so AN ACT Establishing the official state mobile home standard; and pro— viding for an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. In order to.safeguard life, health and property, and to promote the public welfare, construction standards of mobile homes in the State of Alaska are hereby declared to be .subject to regulation in the public interest. +� Sec. 2. AS 45 is amended by adding a new chapter to read: CHAPTER 30. STANDARD FOR MOBILE HOMES. Sec. 45.30.010. MOBILE HOME STANDARD. (a) Except 4_ provided in (b) of this section, the Department of Commerce shall adopt, as the official minimum mobile home standard for the state, the United States of America Standards Institute Code A119.1 — 1969 for mobile homes. (b) In the standard code to be adopted under (a) of this section, the following changes shall be made: (1) Sec. 5.4 of Part I shall read: "5.4 DESIGN APPROVAL PROCEDURE. Approval of plans, specifications, and completed mobile homes by the authority having jurisdiction under the provisions of this standard shall be accomplished by a certificate of compliance by a regi4tered professional engineer or architect registered in the state, or by a nationally recognized testing laboratory."; (2) Sec. 6.3 of Part I shall read: 116.3 WIND LOADS AND SNOW LOADS. When the components :ha of the live loads are wind and snow loads, no allow- ance shall be given to an increase in unit stresses. The amount of live load shall not be less than the amounts specified In this section. 6.3.1 Standard Wind. Horizontal ... .. ......... 20 lb/ft2 Vertical (horizontal projection) ............. 12 lb/ft2 Vertical Downward ............ See 6.4 Roof Loads 6.3.2 Hurricane Wind. Mobile homes which are designated "Hurricane and Windstorm Resistive" shall be designed for the following wind loads. Horizontal ................... 25 lb/ft2 Vertical (horizontal projection) ............. 15 lb/ft2 uplift Vertical Downward (See 6.4 Roof Loads) ............. 30 lb/ft2 6.3.3 Snow Load. All flat, curved and pitched roofs shall be designed to resist a minimum snow load applied downward on the horizontal pro- jection of 30 lb/ft2."; (3) Sec. 6.4 of Part I shall read: "6.4 ROOF LOADS. Flat, curved and pitched roofs shall be designed to resist live loads, applied down- ward on the horizontal projection of 30 lb/ft2 mini- mum snow load and a wind load as designated in sec. 6.3 above."; (4) Sec. 7.5 of Part I shall read: "7.5 HEAT LOSS. The total calculated heat loss of the living unit at the outdoor design temperature as certified in 7.5.1 of this part shall not exceed the following: a. 30 Btu/hr. sq. ft. of the total floor area of the space to be heated to 70°F. b. For electrically heated mobile homes 0.184 watts/hr. sq. ft., F (temperature difference), (0.209 Btu/hr. sq. ft., F); and not to exceed 30 Btu/hr. sq. ft. of the floor area, whichever is less. e. Ti:e minimum total resistance factor (R) of the wall, ceiling and floor shall never be less than the following: Type of Fuel Use for Heating Wall Ceiling Floor Gas, 011 or Electric 11.0 19.0 7.0 " (5) Amend the certificate required in sec. 7.5 (figure 2) to conform with changes made in (4) of this -2- a. apt er , subsection; (6) Sec. 4 of Part IV is amended by adding a new subsection to read: 114.5 All wire used in the construction to carry an electrical load of 30 amps or less shall be copper." Sec. 45.30.020. DUTIES OF THE DEPARTMENT. The de- partment is responsible for the administration, of the code provided for in sec. 10 of this chapter. The department may, by regulation adopted under the Administrative Proce- dure Act (AS 44.62), set standards more stringent than those specified in this chapter or the code provided for in sec. 10 of this chapter. Sec. 45.30.030. ADMINISTRATION. (a) The code applies to all mobile homes constructed in the ctuta and new and used mobile homes brought into the state after September 1, 1971. It does not apply to campers, motor homes or vehicular, portable structures with the dimensions of 35 feet in length and eight feet in width, or less. (b) The department is responsible for inspecting mobile homes constructed in the state and new and used mobile homes coming into the state after September 1, 1911. A mobile home which meets the specification of the code shall have affixed to it a state inspection tag stating that it meets state requirements. The cost of the tar is $10 and shall be paid by the manufacturer or owner of the mobile home to the department. Sec. 45.30.040. ENFORCEMENT OF COMPLIANCE. A depart- ment inspector shall give written notice to the owner of a mobile home of each violation of the code. The notice of violation shall accurately describe the violation and give specific reference to the section and paragraph of the code. Sec. 45.30.050. PENALTY FOR VIOLATIONS. A person who violates a provision of the code, and who, after re- ceiving the notification required by sec. 40 of this chap- ter, refuses to correct the violation, is guilty of a misdemeanor and upon conviction is punishable by a fine o. not more than $1,000: Each mobile home constructed or brought into the state in violation of this chapter is a separate violation of this chapter. Sec. 45.30.060. DEFINITIONS. In this chapter (1) "code" means the United States of America Standards Institute Code A119.1 - 1969 for mobile homes; commerce; (2) "commissioner" means the commissioner of (3) "department" means the Department of Con- merce. s Sec. 2. This Act takes effect on September 1, 1971. -3- Approved by governor: May 19, 1971 Actual effective date; September 1, 1971 ` 6 J August 15, 1972 TO: EDWIN H. GLOTFELTY, CITY MANAGER FROM: AL HUDSON, CHAIRMAN KENAI PLANNING & ZONING SUBJECT: PLANNING & ZONING MATTERS The Kenai Planning & Zoning Commission request the following information from the Administration: 1. Status report on the development plan for the F.A.A. Housing. 2. Street Naming & Numbering. A. Is the street naming and numbering being kept up to date? B. Are the subdivision plats being checked against the street naming and numbering map? C. Who is keeping the street naming and numbering cards up to date? Thank you. Sincerely, C& X�t� Al Hudson, Chairman Kenai Planning & Zoning Commission AH/ss d August 24, 1972 Air. Al Hudson, Chairman Kenai Manning & Zoning Commission Box 580 Kenai, Alaska 99611 Dear Al: This is in response to your letter of August 15, 1972, concerning Planning & Zoning matters. 1. The Council has approved. a Use Plan for the multi family and the flat roofed house in the F.A.A. Housing, to be used for low cost income housing for the elderly. They have not approved the monies for rehabilitation pending receipt of the audit. 2. Mr. Jaynes is in charge of the subdivision plats. The street naming and numbering cards are two or three months in arrears, but his in only a matter of going throu*h the building permits. The Administration is planning to use one man, in his spare time this winter, to start making street signs from metal blanks. Sincere yours, Edwin 11. Glotfelty City Manager BiiGJss K E N 2k I PEN 1 11 S ULA BOROUGH Post office Box 850 SOLDOTNA, ALASKA 99669 NOTICE Or PLANNING & Z011ING C0,11;ISSION ACTION TO: SURVEYOR /_7 CITY OF: SUBDIVIDER HOMER /7 KENAI f7 SLILDOVIA /_7 SEWARD /�_7 SOLDOTJA /_7 Enclosed is a copy of the X'enai Peninsula Borough Planning and Zoning Corivaission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELI11INIARY PLAT HAS BEEN: L7 Approved, the subdivider may proceed with preparation of the final plat in accordance with tae Kenai Penin- sula Borough Subdivision Ordinance 2G. conditionally approved; subject to the provisions list- ed. The subdivider nay proceed -.-.7ith the preparation of the final plat in accordance with the listed pro- visions and those contained in the Renai Peninsula Borough Subdivision Ordinance 26. Conditionally approved, subject to the conditions list- ed. These conditions must be met before proceeding with preparation of the final plat. �-7 Disapproved for the reasons listed. /_7 Tabled for the reasons listed. THE FINj',%L OR PRELI11111ARY/FIINAL PLINT HAS BEEN: Approved, the subdivider should now obtain all needed signatures on the attached original and two copies, obtain the required tax certificate (if not already obtainod) and return all the docui-nants- to the Planning Dcpartri%ent for recordation. A copy of the plat con- taining the recorded data -%;,ill be fon,.,arded to the sub- divider and upon receipt may proceed with the sale or conveyance of the parcels. Conditionally ai -subject to the conditions list- ed. These conditions r.juGt be met prior to the record- ing of the plat. Disapproved for the reasons listed. Tabled for the reasons listed. Should you have any qucstionn, please Peel free to contact this office. (Planning Department, 1*,r. G. S. Best) . KENAI PENINSULA BOROUGH MEETING OF THE PLANNING & ZONING COMMISSION - AUGUST 28, 1972 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA ?I AGENDA ITEM 1. Call Meeting to Order The meeting was called to order by Chairman Peck at approximately 7:50 P.M. PRESENT: Commissioners Dimmick, English, Holly, Palm, Peck and Suszka ABSENT: Commissioner Poppin and Commissioner Baldwin (excused) and Commissioner Hursh (excused) ALSO PRESENT: Mr. Ralph R. Darbyshire,, Planning Director, Mr. G. S. (Sam) Best, Associate Planner, Mrs. Virginia Gibbs, Planning Technician, Mr. G. Holly, Mr. Hugh Malon, surveyor, Mr. Stan McLane, sur- veyor, and Mrs. Carolyn Thompson, Planning Depart- ment Secretary AGENDA ITEM 2. Agenda Approval Commissioner Dimmick moved, seconded by Commissioner Holly, to approve the agenda as submitted with the addition of item 6. The motion carried unanimously. AGENDA ITEM 3. Consideration of Submitted Plats: a. Waterer Subdivision (Preliminary/Final) Mr. Best gave the staff report noting that this subdivision is located between the North Road and Cook Inlet just south of Salamatof Lake. A letter from the subdivider, which is on file, was read. The letter requested an exception from the 3 to 1 depth ratio due to topography. The planning staff has reviewed the plat and recommends granting the exception and final approval subject to the easements re- quested by Homer Electric Association. Commissioner English moved, seconded by Commissioner Holly, to grant the exception and final approval subject to the staff's .recommendations. The motion carried unanimously. b. Etolin Subdivision, Block 1, First Addition (Final) Mr. Best gave the staff report noting that this subdivision is located on Willow Street just south of the airport terminal in the City of Kenai. The preliminary was approved by the City of Kenai Advisory Planning Commission on June 28, 1972. The Kenai Peninsula Borough Planning Commission approved the preliminary on August 14, 1972. The planning staff has reviewed the plat and recommends final approval as submitted. Commissioner Dimmick moved, seconded by Commissioner English, to approve the final plat as submitted. The motion carried unani- mously. C. Fiske Subdivision (Preliminary/Final) The staff -report was given by Mr. Best noting that this subdivi- sion is located east of the Moose River in the Sterling area and is an unsurveyed aliquot part subdivision. A letter from the surveyor, Mr. Charles Parker, was read, a copy of which is on file. co KENAI PENIUS U L A B 0 ROU G 11 Post Office Box 850 SOLDOTNA, ALASKA 99669 p. UOTICE OF PLANNING & W.1ING CXIMISSION ACTION TO: SURVEYOR Z-7 %S7 SUBDIVIDER CITY OF: HOMER /_7 KENAI SELDOVIA /_7 SE -WARD L-7 SOLDOTNA /7 Enclosed is a copy of the Xenai Peninsula Borough Planning and Zoning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PREL11-11NIARY PLAT HAS BEEN: Approved, the subdivider may proceed with preparation of the final plat in accordance with t:ae Kenai Penin- sula Borough Subdivision Ordinance 26. Conditionally approved; subject to the provisions list- ed. The subdivider may proceed with the preparation of the final plat in accordance with the listed pro- visions and those contained in the Kenai Peninsula Borough Subdivision Ordinance 26. Z7 Conditionally approved, subject to the conditions list- ed. These conditions must be met before proceeding with preparation of the final plat. /_7 Disapproved for the reasons listed. Z-7 Tabled for the reasons listed. THE F111AL OR PIR13LI:111,,RY/FINAL PLAT HAS BEEN: /_7 Approved, the subdivid1cr should now obtain all needed signatures on the zittached original and two copies, obtain the required tax certificate (if not already obtained) and return all the docu­,,ents to the Planning Departrent for recordation. A copy of the plat con- taining the rccorOod data will I>e fon,,arded to the sub- divider and upon receipt may proceed with the sale or conveyance of the parcels. 4e Conditionally ar)provcd, subject to the conditions list- ed. These conditions Aust be mat prior to the record- ing of the plat. E7 Disapproved for tile reasons listed. /_7 Tabled for the reason.:, listed. Should you have any qu,:,stJons, please fe0l free to contact tris office. (Illannj.n�j F)ej.-)arti-ent, I.r. G. S. Des t) . KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 2 AUGUST 28, 1972 The planning staff has reviewed the plat and recommends pre- liminary/final approval subject to: 1. Temporary cul-de-sac placed at the east terminus of Balderdash Road. 2. The 10' utility easements as requested by Homer Electric Association. 3. The 5' clearing and underground only utility easements required by Homer Electric Association subject to non -objection by the subdivider. Commissioner Holly moved, seconded by Commissioner Dimmick, to approve the plat subject to the staff's recommendations. The motion carried unanimously. d. Bidarki Creek Subdivision (Preliminary) Mr. Best gave the staff report noting that this subdivision is located approximately , mile west of West hill Road on the Sterling Highway. A letter from the surveyor, Ken Branch, was read. The letter is on file in the.planning department files. The planning staff has reviewed the plat and recommends pre- liminary approval subject to review by the Homer Advisory Planning Commission and the East Hill Road be changed to West Hill Road on the vicinity map. Commissioner Holly asked if the contours shown on the nlat warp 2' contours. Commissioner Palm replied that they were 5' contours. Commissioner Dimmick moved, seconded by Commissioner English, to approve the preliminary plat subject to the staff's recommenda- tions. The motion carried unanimously. e. Read Subdivision (Preliminary/Final) The staff report was given by Mr. Best. It was noted that this subdivision is located on Robinson Loop Road. This plat is the result of the illegal subdivision program. Mr. Best read a por- tion of one of the deeds to show the commission:that the property description was defective. The planning staff has reviewed the plat and recommends prelimin- ary/final approval. Chairman Peck asked if the gas pipeline right-of-way was 50 feet. Mr. Hugh Malone, the surveyor, stated that Chairman Peck was correct but that the deed of record only conveyed to within 60 feet of the pipeline. Commissioner Holly moved, seconded by Commissioner English, to approve the preliminary/final plat. The motion carried unanimously. f. Caro Subdivision (Preliminary/Final) Mr. Best gave the staff report noting that this subdivision is located just south of Beaver Loop Road approximately 2 miles southwest of the east junction with the Kenai Spur Road in the City of Kenai. The planning staff has reviewed the plat and recommends approval subject to: 1. Reference be made on the plat that'the survey control is from plat K-1336 Kenai Recording District or the control be shown. _1 I I KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 5 AUGUST 28, 1972 2. The recommendations of the City of Kenai. Mr. Hugh Malon, the surveyor, stated that reference is made to the deed book and page which also has a copy of this plat but that he has no objection to the staff's recommendation. Commissioner Holly moved, seconded by Commissioner English, to approve the plat subject to the staff's recommendations. The motion carried unanimously. g. Soldotna-East Subdivision (Preliminary/Final) The staff report was given by Mr. Best. It was noted that. this subdivision is located approximately 4 miles east of Soldotna on the Sterling Highway just south of Solid Rock Lake (Solid Rock Bible Camp area) and is an unsurveyed aliquot part sub- division. The letter from,t]-to surveyor, Tryck, Nyman and Hayes, was read. The letter is on file in the planning department. It was noted that Tryck, Nyman & Hayes has an erroneous concept on what is required on aliquot part plat submittal and should re- view Ordinance 26, sec. 20.15-025. The planning staff has reviewed the plat and recommends prelimin- ary/final approval subject to the Sterling Highway right-of-way in the northeast corner being shown. Commissioner Dimmick moved, seconded by Commissioner Suszka, to approve the plat subject to the staff's recommendation. The motion carried unanimously. AGENDA ITEM 4. Exception Requests: a. Veil O'Mist Subdivision Addition No. 2 Mr. Best gave the staff report noting that this request is lo- cated in the Sterling area approximately 1 mile northeast of the Moose River bridge in section 5. Mr. Best read the request, which is on file. The planning staff has reviewed the request and recommends approval subject to review of the plat. Commissioner Holly moved, seconded by Commissioner. English, to approve the request subject to review of the plat. The motion tarried unanimously. b. Johnson -Smith The staff report was given by Mr. Best noting that this request is located in Resurrection Bay in the 4th of July Creek area. The request, which is on file, was read. The planning staff has reviewed the request and recommends ap- proval subject to review of the final plat. Commissioner Dimmick moved, seconded by Commissioner Palm, to approve the request subject to review of the final plat. The motion carried unanimously. AGENDA ITEM S. Deed of Record - Resubdivision of BLM Lots 45 & 46, T6S, R13W, S.M. Mr. Best gave the staff report noting that this subdivision is located on Kachemak Drive just past of Homer, actually in the Homer City Limits. This plat has been referred to in various deeds of record but was never recorded. The planning staff has obtained the linen and wishes to record the plat in order to E U A I PENHISULA BOROUGH. Box 850 Phone 262-4441 SO`A. ALASKA vmo GEORGE A. WAVAAAC CHAIRMAN DATE: r9u� . 30, 147 3 - PLAT STAT iii : JV PRELIHINARY/FMAL CITY PWVrL41.-TC Homer 11%enai Seldovia S cn-7 a r d Soldotna WHER REVID14ING AGENCIES: Alaska Dept. of Highways Anchorage Natural Gas Homer Electric Assoc. Chugach Electric Assoc. Telephone Company Re: Vacation &.Peplat /-7 1 esubdivision /-7 Deed of Record, Z-7 subdi-VI-Sion 27 special Consideration /7 Gentlemen: Petition has been received by the 1','enai Penin!3UIA Borough Planning and Zoning Commission for, approval of plat. Enclosed is a copy of the rt"Oposed plat. :dill you please sub - Mit YOUr Cormtents in writing, specifying any easements or oilier requirements that your department or agency may need. If we do, not hear from you by 9 7 ;L we will assunie that you do not wish to submit--dF7—Eoi-nments. If you have 110 further use for the enclosed print(s)', please return it or them with your comments. Beat regard3, 2 G. S. Best Associate Plailiner Enclosure C5 E H A I POIJIUSUIA BOROUGH. o Por, 850 N Phone 252-4441 SOLDOTNIA. ALASKA w669 MEORGE A. WAVARat CHAIRMAN DATE: August 30,1972 PLAT STAT US: 1-7 PRELIIII-M-A.RY XX)SgKX PRIELIHINARY/FXIML CITY PLA(414UG Homer Henai Seldovia Seward Soldotna OTHER REW10.4ING AGENCILS: Alaska Dept. of. Highways T7 Anchorage Natural Gas Homer Electric Assoc. Chugach Electric Assoc. Telephone Company Re: Vacation & -Replat ilesubdivision /_7 Deed of Record/7 su:-2iV3_sion j5RX special Consideration /7 , _x Gentlemen; Petition has been received by the 1-*,enai Veninsula Borough PlanningandZonilig Corillaission far, approval of Lofstedt Subdiv . is I ion plat. Enclosed is a copy of the 'ptoposeA plat. 7wjill 'you please sub- mit your co=,_ents in writing, specifying any easements or other requirements that your department or agency may need. If we do.nothear from you 1,3y Sept. 11, 19 * -72 we will as6unie thatt you do not wish to submit. 6oyrxlents. If you have no E=ther use for the enclosed print(s)', please return it or them with your comnients. Best regards, G. S. 130st Associate Plairior r;SJ3: 1rh Enclosure 0 September 14, 1972 Al Hudson, Chairman Kenai Planning & Zoning Commission Box 580 Kenai, Alaska 99611 Dear Al: The City Council at their Regular Meeting of September 6, 1972, discussed an appropriation for street signs. The Council did not include this in this years budget, therefore there is no money available at this time. The Council will discuss this at their next budget session. Sincerely, Bruce A. Massey Assistant City Manager BAM/ss September 26, 1972 ti O John Steinbeck dc Mayor cz t6ty of Kenai 'Box 580 ..Kenai Alaska Dear Mayor Steinbeck: Tn a little less than a month from now the Planning Association of Alaska will hold its annual meeting inconjunction with the Alaska Municipal League. This .,year the League will be meeting in Anchorage, and the program theme will be ,'Wisely Harvest the Money Tree". PAA's theme is entitled "Broadbrush". During an all day session we hope to present a program which will provide an overall view into the large scale land planning activities takingplace in the State this -year, including the new -. department of Community and Regional Development, the Native Land Claims, the North Slope Borough, and the Federal/State Land Use Planning Commission. To present this program, we have secured the most knowledgeable people in the State on the related subjects, including Byron Mallott, Don Wright, Eben Hobson, Joe Josephson, Jack Horton Vic Fischer, Jack Hessian, Lee Gorsch and Bob Pavitt. WO have asked these people to speak not only for their knowledge and respon- Obility for the respective programs, but also for their personal interest and enthusiasm which, in many cases, becomes the creative drive behind the program. Our meeting will be held on October 25th, in -the City Council Chambers, Loussac Library, between 4th Avenue and 5th Avenue, on F Street. Registration begins at 8:00 a.m..and the program will start promptly at 9:00 a.m. The program includes lunch as well as sponsored coffee breaks. Attached is a pre -registration form which we hope you wi 11 utilize. As President, I would personally like to invite you to attend. I know you'll get a lot out of the program and perhaps you can supplement the information pre- sented from your own position. Very truly yours, I us) 1.1Y PLANNING ASSOCIATION OF ALASKA Application for Membership Dues year - July 1 to June 30 Organizational Membership -----.---$30.00 per year Individual Membership $5.00 per year Name Address: Street City State and Zip Position: Business Address Special Interests: PAA meets annually during the Alaska Municipal League convention and in the spring, usually early in the legislative session. In between the regular news letter comes out intermittently. Mail to: S9Q9Qta*T7 i taz. u.L .0 MANY V., PUTivitiN, AIP 2903 West 29th Avenue Mchorage.,Aiu�;ka rn . 2! P E 14 S Il S U L A B O R O U G H Post Office Box 850 SOLDOTNIN, ALASKA 99669 NOTICE Or Pl,jidill,�IG & ZONING CO. ':11I5SION hCTION TO: SURV:CYO.R /% �% SUBDIVIDER CITY OF: HOiiBi, E7 XL•'i3AI Si;LAOVIA /% SE -WARD /-% SOLDOTiJA j-% Enclosed is a copy of the ..enai Peninsula Borough Planning and Zoning ConLmission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELI1;IN' kRY PLAT HAS BEMN. j Approved, the subdivider may proceed with preparation of the final plat in accordance with tsc Xenai Penin- sula Borough Subdivision Ordinance 26. Conditionally approved; subject to the provisions list- ed. The subditi=ir.er nay proceed with the prepa-rat-ion of the final plat in aecorcaanee with the listed pro- visions and those contained in the Rema Peninsula BoroughSubdivision Ordinance 26. Conditionally approved, subject to the conditions list- ed. These concai tions must be Iret before proceeding with preparation of t17e final plat. Disapproved for the reasons listed. Tabled for the reasons listed. THL F1'NAL OR PLAT IMS' BEEN: /% j'pproved, the sub -divider should now obtain all needed signatures on tike attac:hoO original vnd two copies, eotain the rec,aircd tax ccrtificate (if not already obtaincd) and return all the docu.,ent^ to the Planning Dcpartnent for rccorozrtic.n, -A copy of: the plat: Coll- t:aining the recorc od data will be f_orv.=arded to C)o sub-- divicieh: and upon receipt may procecd with the sale or conveyance of Glo parcels. Conditionally i:+)pl:ovcd, ul)jebt to the conditions list- ed. a'Iese conc:itions r.?uut be mat pr:i.or to the record- ing of the plat. % Disapproved for the reason,; listrd. Tabled for the reasons listed. Should yolk have any tlut ; tJon :, plcYar.,o feel. free to contact this ofi.icc. (I'lanni.ng Dopar:tizent, 1:r. G. S. Best) . 0 (ROUGH) KENAI PENINSULA BOROUGH MEETING OF THE PLANNING & ZONING COMMISSION - SEPTEMBER 11, 1972 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA AGENDA 1. Call Meeting to Order 2. Agenda Approval 3. Public Hearing: a. Y. R. Stubblefield Homestead (Vacation) 4. Consideration of Submitted Plats: a. Y. R. Stubblefield Homestead (Preliminary) b. Denison Homestead Tract A (Preliminary/Final) c. Lofstedt Subdivision (Preliminary/Final) d. Kenai River Keys Subdivision (Final) e. Gruber Subdivision (Preliminary/Final) 5. Special Land Use Permits - Hamilton & Cunningham 6. Other Business a. Local Service Roads & Trails Program 1. Assembly action September 5, 1972 2. CSSB 281 - 1972 SLA Chapter 107 7. Director's Report 8. Approval of Minutes - August 28, 1972 Meeting 9. Adjourn Meeting N Yr' 1 A" KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 3 September 11, 1972 Mr. Best also noted that Mr. Mason Wade of the Corps of Engineers had recommended that: 1. People should be informed. 2. Construction be 3 feet above the 1969 flood level. 3. Well protection from contamination. 4. Sewer valve for back-up protection. 5. There are methods of construction that are ap- proved for flood areas. 6. Corps recommends - borough enforces. Commissioner Dimmick moved, seconded by Commissioner English, to approve the plat subject to the staff's recommendations. The motion carried unanimously. c. Lofstedt Subdivision (Preliminary/Final) The staff report was given by Mr. Best. It was noted that this subdivision is located on B Street NW behind Ron's Rent -All in the City of Kenai. The letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends final approval subject toe 1. The cul-de-sac street be named in accordance with the City of Kenai's naming and numbering plan. 2. The recommendations of the City of Kenai. Commissioner English moved, seconded by Commissioner Poppin, to approve the plat subject to the staff's recommendations. The motion carried unanimously. d. Kenai River Keys Subdivision (Final) Mr. Best gave the staff report. This proposed subdivision was submitted to the planning commission in preliminary form at the June 12, 1972 meeting. At that time the plat was approved subject to: 1. All lots to be a minimum of 12,000 sq. ft. exclusive of rights-of-way and land below the mean high water mark. 2. Private roads not permitted. 3. No waste disposal systems will be permitted which discharge into the ground. Rather, self-contained chemical toilets will be allowed. 4. If channels provide access to lots, a minimum of 300 sq. ft. parking area for each lot shall be pro- vided. 5. Utility easements be shown as requested by HEA. 6. Covenants as submitted accompany the final plat. 7. 20' building set back lines, except on channel fronting lots. 8. Contours of the 1969 flood be shown. Subsequently, the planning commission approved an exception for private roads. The staff has reviewed the final plat and finds all requirements of preliminary approval have been met except for submission of the covenants. Therefore, the staff recommends approval sub- ject to: 1. Staff approval of the covenants. 2. The private road easements make provision for utility easements. 3. Lot 8, Block 1 be reserved as a boat launching area for the 23 lots without road access or any other lot owners within the subdivision. n 4 CHEEG ,YAKO'4EWS PUBI=C NONCE Notice is hereby given that petition to rezone the West 1/2 of Government Lot 1, Section 9, Township 5 North, Range 11 West, Seward Meridian, lying South of the Beaver Loop Road within the City of Kenai, from Rural Residential and Conser- vation to Heavy Industrial has been received by the Kenai Peninsula Borough Planning and Zoning Commission from the owners of the property. Public hearing on this rezoning petition will be held by the City of Kenai Advisory Planning and Zoning Commission at their regular meeting Wednesday, October 11, 1972 which commences at 7:00 P.M. in the library in Kenai, Alaska. Public hearing on this rezoning petition will be held by the Kenai Peninsula Borough Planning and Zoning Commission at their regular meeting Monday, October 30, 1972 which commences at 7:30 P.M. in the Borough Building, Soldotna, Alaska. Public hearing on Ordinance 72-19 concerning this rezoning petition will be held by the Kenai Peninsula Borough Assembly at their regular meeting Tuesday, November 28, 1972 in the Borough Assembly Room, Soldotna, Alaska. Anyone wishing to be heard on this matter should present their testimony at these hearings. Ralph R. Darbyshire Planning Director PUBLISH: October 5 & 12, 1972 CD P B N 11-1 S U L A B 0 R 0 U G H Post Office Box 850 SOLDOTNA, ALASKA 99669 VOTICL�' Or PL.mIlING & ZONING C0:;1',ISSION 77=101 TO: SURNmYo-D, /7 L7SUBDIVIDE"R CITY OF: HOM- R /7 7,E: 4A 1 SBLDOVIA /_7 Sr -WARD /_7 SOLDOTAA /7 Enclosed is a copy of the Xenai Peninsula Borough Planning and Zoning Co: ,ndssion minutes of the meeting at which the noted subdivision plat was reviewed. THE PRDLI-1,11RIARY PLAT HAS 13Er:,-;q-. Approved, the subdivider may proceed with preparation of the final plat in accordance with tae Xenai Penin- sula Borough Subdivision Ordinance 26. Conditionally approved; )proved.. subject to the provisions list- ed. The subdivicler i-,iay proceed c.7it]i the preparation of the final plat in accordance with the listed pro- visions and those contained in the Kenai Peninsula Borough Subdivision Ordinance 26. Conditionally approved, subject to the conditions list- ed. These conditions must be mat before proceading with prepaxation or- the final plat. Disapproved for the reasons listed. Z7 Tabled for the reasons listed. THL FlXhL OR PRI"M11 '1147, RYIF1 NAL PL?. HAS /_7 Approved, the sulbdividcr should now obtain all needed signatures on the atl-tac!)oO original zind two copies, el)tain the roquired tax certificate (if not already obtained) and return all the 6ocu.­..z2nts to tic Planning Dopartm-ent for recor(!F.tion. A copy of the plat C011- taining Lhc rccor-Ood data be fmniarded to tic sub- divi6or and upon reccipt sn.ay proceed with the sale or conveyance of tne parcels. Conditionally an-)provcd, subjelct to the conditions list- ed. pille-se conditions Y.Iu3t be niat prior to the record- ing of Clic plat. E7 Disapproved for the reasons listed. /_7 Tabled for tim reztsonf; listed. shotild you have zmy p)cnsc fell free to contact t1lis oiiicc. (1llalmijv Dc"prt-1:'ent, I)% G. S. Boot). U a MEETING OF THE KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION PAGE 3 OCTOBER 30, 1972 Commissioner English moved, seconded by Commissioner Dimmick, to approve the plat subject to the staff's recommendations. The motion carried unanimously. d. Hornaday Property survey (Preliminary/Final) The staff report was given by Mr. Best noting this subdivision is located just east of the junction of Strawberry Road and the Kenai Spur in the City of Kenai. The letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends preliminary/final approval subject to: 1, The assessment district covenant requested by the City of Kenai be added. 2. 101 utility easement along north and south boundary as requested by HEA. 3. Subject to approval of the City of Kenai. I Commissioner English moved, seconded by Commissioner Dimmick, to approve the plat subject to the staff's recommendations. The motion carried unanimously. e. Clam Gulch Heights Subd. (Preliminary/Final) Mr. Best gave the staff report noting this subdivision is located approximately 1 1/2 miles NE of the Clam Shell Lodge on the Sterling Highway. A letter from the surveyor, which is on file, was read. This is a revision of the Hanson -Kizer Tracts which were approved earlier this year but never recorded because it became obvious to all parties concerned that due to the unusual configuration of the tracts many problems would be encountered if the tracts were further subdivided. The planning staff has reviewed the plat and recommends pre- liminary/final approval subject to the 10' utility easements requested by HEA and the 5' underground and clearing utility easements subject to non -objection by the owners. Commissioner Dimmick moved, seconded by Commissioner English, to approve the plat subject to the staff's recommendations. The motion carried unanimously. f. Tuttle Tracts (Preliminary/Final) Mr. Best gave the staff report noting this subdivision is located on the Sterling Highway approximately 1/2 mile NE of the junction with Kasilof Road. The letter from the surveyor, which is on file, was read. The planning staff has reviewed the plat and recommends the exception for the intersection be granted due to the reasons given in the letter and reconnends preliminary/final approval subject to the 10' utility easement requested by HEA and the 5' underground and clearing utility easements subject to non -objection by the owner. CD KENAI PENINSULA BOMUGH a MEETING OF THE PLANNING & ZONING COMMftSION OCTOBER 30, 1972 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA AGENDA ITEM 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Peck at approxi- mately 7:35 P.M. PRESENT: Commissioners Baldwin, Dimmick, English, Holly, Hursh, Peck, Poppin and Suszka ABSENT: Commissioner Palm ALSO PRESENT: Mr. G. S. Best, Acting Planning Director, Mrs. Virginia Gibbs, Planning Technician, Mrs. Carolyn Thompson, Planning Department Secretary, Mrs. Ruby Coyle, Mr. Bill Baumgartner, City of Soldotna Engineer, Mr. & Mrs. Sherman Smith, Mr. & Mrs. Maurice Amundson, Mr. Henning Johnson, Surveyor AGENDA ITEM 2. AGENDA APPROVAL The agenda was approved as submitted with the addition of item 4-h - Ninilchik Public Library (Deed of Record Plat) and the deletion of three subdivision plats, which had appeared on the tentative agenda. AGENDA ITEM 3. PUBLIC HEARINGS: a. Coyle Rezoning Request Mr. Best gave the staff report noting this request is located at the proposed junction of Beaver Loop Road and the route of the new Kenai River crossing in the City of Kenai. The petition requesting the rezoning and the public notice, which was published in the Cheechako News, were read. It was noted all receipts from the certified mailing notices of this public hearing were returned. The City of Kenai held public hearing on this request at their regular meeting of October 11, 1972. A portion of the minutes of the Kenai Advisory Planning and Zoning Commission meeting were read by Mr. Best. The City of Kenai approved the rezoning request. The planning staff has reviewed the request and finds that: 1. it is within the objectives of the comprehensive plan. 2. Zoning boundaries should, in so far as possible, follow property lines and should be altered to fit new subdivisions. Therefore, the planning staff suggests the planning commission recommend to the assembly that the rezoning be granted. Chairman Peck opened the hearing to the public. There being no one to present testimony, the public hearing was closed. Commissioner Hursh, seconded by Commissioner Dimmick, moved to recommend to the assembly that the rezoning be granted. The motion carried unanimously. November 9, 1972 Mrs. Josephine Davidson Box 3347 Kenai, Alaska 99611 Dear Mrs. Davidson: The City of Kenai Planning Commission has just approved your Tract A Subdivision of the Davidson Subdivision, however several facts about your area were brought up at the meeting that you should know about. These are: 1. At this same meeting Mr. Jia Hornaday subdivided a 15 acre parcel, this parcel was part of the SE4, SD4, Section 6. 2. The two parcels, yours and Mr. HBrnaday's are close to one another and both show planning for a future road (77th Ave. SE). 3. neither your subdivision or Mr. 1iornaday's show what has been planned for a future road system in the area between the two subdivisions. The Kenai Planning Commission asks that you submit with any future subdivision plat of your additional land, the following information,); A preliminary plan showing the location of all future roads. The reason for this request is so the Planning Commission will be able to plan road locations in your area to benefit you and all other property owners in your area. This need not be done now but when you submit future subdivision plats. Thank u for your cooperation. 4rg Y. JJay0es Public Wo- Coordinator GLJ/ss November 9, 1972 Assemblyman Johnson Box 1331 Kenai, Alaska 99611 Dear Johnny: At the Regular Meeting of the Kenai Planning & Zoning Commission, November 8, 1972, the Commission made the following motion concerning Kenai Borough Ordinance No. 72-25 - An Ordinance relating to Planning & Zoning: Elson moved and Korpinan seconded to recommend the following to Kenai's Representatives to the Kenai Borough Assembly: 1. The City Attorney should have time to assess the impact this Ordinance would have on the City of Kenai's existing ordinance. 2. The population formula (para. 1) does not €onform to AS 29.33.080 as amended by FCCS SCS CSHB 208 SLA 1972. It does not give adequate representation based on population. 3. Paragraph 3 is not clear and could be subject to interpretation not in the interests of all the people of the Borough. Unanimous consent was asked and granted. We hope this can be a benefit to you. Sincerely, Al Hudson, Chairman Kenai Planning & Zoning Commission AHI s s November 9, 1972 Assemblyman Doyle Box 582 Kenai, Alaska 99611 Dear Jim: At the Regular Meeting of the Kenai Planning & Zoning Commission, November 8, 1972, the Commission made the following motion concerning Kenai Borough Ordinance No. 72-25 - An Ordinance relating to Planning & Zoning: Bison moved and Korpinen seconded to recommend the following to Kenai's Representatives to the Kenai Borough Assembly: 1. The City Attorney should have time to assess the impact this Ordinance would have on the City of Kenai's existing ordinance. 2. The population formula (para. 1) does not conform to AS 29.33.080 as amended by FCCS SCS CS11B 208 SLA 1972. It does not give adequate representation based on population. 3. Paragraph 3, is not clear and could be subject to interpretation not in the interests of all the people of the Borough. Unanimous consent was asked and granted. We hope this can be a benefit to you. Sincerely, 00 . I Al Hudson, Chairman Kenai Planning & Zoning Commission AH/ss November 9, 1972 Assemblyman McGrady Box 53 Kenai, Alaska 99611 Dear Tru: At the Regular Meeting of the Kenai Planning & Zoning Commission, November 8, 1972, the Commission made the following motion concerning Kenai Borough Ordinance No. 72-25 - An Ordinance relating to Planning € Zoning: Elson moved and Korpinen seconded to recommend the following to Kenai's Representatives to the Kenai Borough Assembly: 1. The City Attorney should have time to assess the impact this Ordinance would have on the City of Kenai's existing ordinance.] 2. The population formula (para. 1) does not conform to AS 29.33.,80 as amended by FCCS SCS CHHB 208 SLA 1972. It does not give adequate representation based on population. 3. Paragraph 3 is not clear and could be subject to interpretation not in the interests of all the people of the Borough. Unanimous consent was asked and granted. We hope this can be a benefit to you. Sincerely, Al Hudson, Chairman Kenai Planning & Zoning Commission AH/ss DRAFT Thru City Council To: MR. Clayton E. Brockel Director of Kenai Community College Box 657, Kenai, Alaska Dear Mr. Borckel: the members of our Planning Commission attenfting the Municipal League in Anchorage last month, brought back the idea and need for training for the General Public and especially for members of planning Commission both Borough and Cities. Mr. Jim Weidman, Senior Planner, Plans and Research Div., Office of the Governor, Pouch A. Juneau, indicated there are Fe..ler<.l and State monies available for such training. This was discussed at the City of Kenai last planning Commission me::ting and our entire Commission is desirous of such training. Mrs. Lydia Selkregg, 5811 'adcliffe, Anchorage, Ala ka has some training along these lines going in Anchorage at the pres.nt time. Mr. Al Hudson, Chairman Kenai Advisory Planning Commission Cy: Governor Egan Mr. Jim Weidman December 14, 1972 Mr. Edwin H. Glotfelty City manager City of Kenai Box 580 Kenai, Alaska 99611 Dear fir. Glotfeity: The Kenai Planning & Zoning Commission discussed at their regular meeting of December 13, 1972, the Recreation Area - Kenai River Bridge. They voted unanimously to concur with Council's action designating 1/4 mile on either side of the Kenai Bridge span for a recreation area. For future planning; purposed, the Commission would like to know what specific area is involved and what action this represents to the Environmental Protection. Agency? Thank you for your consideration in this matter. Sincerely, AWu son,CChairB�n .Kenai Planning & Zoning Commission 40 December 14, 1972 THROUGH KENAI CITY COUNCIL TO: Mr. Clayton E. Brockel Director of Kenai Community College Box 6S7 Kenai, Alaska 99611 Dear Mr. Brockel: The members of our Planning Commission attending the Municipal League in Anchorage last month, brought back the idea and need for training for the general public and especially for members of planning commissions both Borough and cities. Mr. Jim Weidman, Senior Planner, Plans and Research Division, Office of the Governor, Pouch A, Juneau, Alaska 99801, indicated there are Federal and State monies available for such training. This was discussed at the City of Kenai's last planning Commission meeting and our entire Commission is desirouE of such training. Mrs. Lydia Selkregg, 5881 Radcliffe, Anchorage, Alaska has some training along these lines ,going in Anchorage at the present time. We would request you, Mr. Brockel, to pursue this and give the Commission the necessary assistance to obtain such a training program. Thank you. A Hudson, C'hairmark Kenai Planning & Zoning Commission cc: Governor Egan Mr. Jim Weidman July 5, 1972 TO: City 'Manager SUBJECT: nuisance buildings in town I recomiiiend that the clean-up of nuisance buildings be accomplished as follows: 1. First of all, write a letter requesting removal by the owner. 2. The second letter should be a notice provided for in Kenai Code, 1963, Section 12-3 (b) for public hearing, etc. 3. A checklist of the steps to be taken in the event legal abate- ment procedures are necessary is as:follows: a. A statement as to the public nuisance -- this has been don e.for 23 locations by Chief Fire Inspector Ken Thomas. b. The Administration should submit the statements to the City Council.' c. The City Council should give notice of the hearing Ion the abatement to the owner ofthe property concerned, and to any other person (a bank lienholder?) or party responsible for or having an interest in the property indicating when an adequate opportunity to be heard would be available. This notice must go out by Certified or Registered mail. d. The City Council should determine whether or not the conditions ex:6-ting on the particular properties do in fact consti- tute a public nuisance. - e. In addition, general notice should be published in the paper without reference to names -- unless the whereabouts of some of the property owners cannot be located. f. If, after reviewing the conditions, the Council finds that a public nuisance does exist, then it should direct the o,..' %-ers to abate the nuisance within a specified ti -. 'e . Such notice should indicate that if the nuisance is not abated,, then the City would undertake the abatement. 4. The City should be prepared to burn dol.in the dilapidated structures and do somc�minimnu-m on-site clean-up like: JAMES E.F]SHER C I t �vrroaN CY a. -Filling some of the cellar depression, or 'WAO x Rultom'i P. 0. 0 rX 307 MALALASKA $9811 b. removing junk cars. 71wilo"I 163.74 as S. As a demonstration of what I think is required, I an enclosing proposed letters as follows: a. The first letter, requesting removal. b. The second - public notice. 6• It should be certain that the properties are the ones attributed to the persons to whom notice is given, and this might require the following: a. Litigation reports showing property ownership this could prol:ably be avoided in most of the instances. b. If possible, an acknowledgment on the part of the parities themselves 'that they oi,,n the property. r C. Even a mistake �.:ould probably not be too expensive ali a claim was made against the City after all the hearings procedures d. A picture of the dilapida•ted.conditions.should be sent along wii:h one of the letters. •1 _ e. Another copy of the picture should be available for perusal by the Council at the time of the Council-- hearing. f. One copy should be utilized for the file record purposes. 7. Removal of junked automobiles from premises could probably be accomplished without any contact with the property owners in some instances. This might create more of a public furor by individual parties than might be worth the trouble -- but in some instances it could be acco:aplished without concern. JAMES E. FISHER City Attorney JAMES E. FISHER Cl ,,pTTORNCY TMADP OUILDINO ►. O. 00% Z97 UNA1.ALASKA 99611 Tctuxon[ [6i-9566 -2- KM,AI %-'OL- FIRE. DEPA-IRTMENT =X t S2 0 !=- X i 1, 1, A L A ,A X953 3 0 P H t G ':E 2 73 7 6 G 6 TO FI-ILr. jamas E. Fisher DATE City Attorney Box 530 Kenai, Alaska 93611 L Sa-m. Bonn OATE June 23, 1972 Route 1 Do% 6G.ASP67 Item 923 Bryon, California SubjecIC: Vac -ant Building PI Z. ,rci�! '-1043-170-3."!'JOO ?car *Sr. Fishcr:' U'nca:'r SMctioyi 203, 1970 c1i tion is r. r;n Puilcliirg Code; t1his building is Olec:nlc-d untm-47e and clan(,,croas to h=.n in t11-40 i-Ilt-"rest of iot is that it h-- c- Gf delapidation, cp:n to trespassers, and inadequate V -n:," �'=Uly you: -S' R �I 4."01'�IZ15 Tr SCONE: t.�' 41 P., Q - DETACH AND Fi-'E FOR FOLLOW-UP I" t fi atnr ^.nt of, Inib>li.c md.r,nricon 1 ( j uor,-� public nuisances are of ouch nature an to con- stitute a guava and iiacc•diate danger to tho public p,!ace, health, safety, morale, or wolf ars:. It is recognized that eircumrstarces may be such as to ju€atif,, and even to require, the city ad::iiniotvatox or ot::er appropriate officer or ai;ency of the city govern -.:.:ant to t,�;e i:Wzodiato and proper action to abate such nuisances, or to reduce or suspond said danger until •mora: do - liberate action can be tas:en toward such ebatc-mcnt. (b) `ba chief of tho Piro depaztr.c:ni,, the chief of police, the city health officer, th j building official, tho alectri•cal inspector, the p lu:-b - ink; inspector, or any other officer stL'Dordina.tc. to the city ad.­i.nistr ator, may submit, throve=,h or with the consent of tine city adrdristraCor to the city council, C. statlei£omt as to the c-.KiGtC3nce of a nui3unce as do - f inc,d by the abova section or by other zectiono of til ordinamcas . ob the Citi, a. -.id £, or rG'Cc:..x..neiat+ion V1tC3V it ',n-- 8ba•4f:u.. dad city £''t'.`.2iniGm . trater hiriiioclf, tiie L£ JOr, rxiy cvcncilm,n, or my :?usidcnt or IrCsidonts of the city may submit such a statement and reciuivst or nacovr endation to the city council.. '.wise council shall dotc!=i.ne wh th :_r or not the alleged pifolic nuisanne in £s public nuisance in fact. F :r the purpose of gathering evidence on the subject, the council shall have power uo silb-pocna ane examine witn-esses, books, papors, and othor e.ffc;cts. Baaore proceeding to aba'ce the nuisance or to ha-va it abau^d, the council s all give notice, of a haa.:.ing on the pioposcd abat•em-rant to the owner of property concerned and -to any other'parson alleE;cd or dceu.:;d responsible for or to be causing the p,2)lic nuisance, and an ade- quate opportunity to be heard if such notice and opy ortunity for a hearing can be given. Such notice' to the oiYner and other peizons concorned shall -be given in i,�riting by registered or certified. rail or by service by a police officer if their na=s and addresses are known; but, if tlie names or al6resses are not known, mid the public peace, health, safety, .z<Forals or welfare would not be unduly jeopardized by the nece:soary delay, a notico of the hoaxing shall be publisha:d in a paps -r of general circulation within the. city. If the council finds that a public nuisance dons in fact exist, it shall direct the o�niar and/or other parsons responoible for or causing the public nuisance to abate it within a specified tura -if the public intere3t would not be unduly jeopardized by the consequent delay. If the public in= tem�,st would be unduly jeopardized by the consequent delay, or if the own, er or other persons responsible for or causing the public nuisance do not abate `., .. Boo. ISA to .abato the public nuis .ea or to hava it abated, If da y ab atom: io pr otiwcal.. • Vae Coats Lrd G: ;gam =as lacus zed by the cyIn r,uch u:; i ewe C«1v shall b3 chcxpc'o3,,3 to the ovraca, lo%r ed and 'coilocte'" c,a o prt:r t=co .. and collec- ori. (c) The psoceduroax for abatis or uecalizlI' vIth public nulazzices >w; proaaribud in thin rsactio.a, uhall ba cuiTailati.Vsi r-, A i.n addition to arq ' others procedurea €zuthorizcd by law or o.rd:Ln=co. , Note: Rvgardi. g a �:.� oval of a h: crdloua buil di,nz,, deo :.1..^.: • • • , • •Stt�tut�ca, �ac-�ion 2�..O.�l.o. - • jAV yLioY .�•^.• ••'f. ♦,V .LU 6+.wJ.l...°Jly �� fa,_. any +v , ,rCU�i, Vwo l+oon �0-Li ld ti6 ) to cxsato or Laiatain a j�ub is nuisance v thin t%",e city, or to -=it a yui.al."ia nuiarancd to ro;. a 4 oa I� :ciUoa enc ar hie cont:,rol within ;;ca city. N , September 28, Re: LOT Dear 1972 BLOCK In performinn its duties, the City of Kenai crews have observed on a number of occasions children playing around buildings and areas that could prove dangerous. In many cases, children are attracted to these areas. Children playing on buildings or property who are hurt can claim for their injuries under the Attractive Nluisance Doctrine. This legal rule can make the propo ty owner liable for a child's injuries. The City of Kenai would request your cooperation in eliminating these hazards to children and potential fire hazards. The City would appreciate your dismantling or otherwise destroying or improving the structure on your premise at your earliest con- venience. It should be noted, should you be planning to sell, that your property value will be increased by removing the hazard and that the property will appear more attractive to a potential buyer. Enclosed you will find a picture showing the condition of your property and a copy of the Fire Inspector's report. . Please indicate, on a copy of this letter, your plans for getting the property cleaned up and how the City of Kenai may help you in your plans. Your cooperation in this matter will be greatly appreciated. Sincerely, Bruce A. Massey Assistant City Manager My plans to remove the hazardous structure on the above described property are as follows i I request that the City of Kenai aid me by ,r i AUTHORIZATION FOR REMOVAL OF STI:UCTURE TO: City of Kenai P. 0. Box 530 Kenai, Alaska 99611 The undersigned hereby authorizes removal of that certain structure located on land contiguous to particularly described real property: This authorization will per»it the City of Kenai to remove the structure located as above-described, which said structure is presently un- occupied. The undersigned represent that they are the owners on the Kenai Peninsula -Borough tax rolls. Signature Address Date l', ITNESS : 4 AUTHORIZATION FOR REMOVAL OF STRUCTURE T0: City of Kenai P. 0. Box S30 Kenai, Alaska 99611 The undersigned hereby authorizes removal of that certain structure located on land contiguous to particularly described real property: This authorization will permit the City of Kenai to remove the structure located as above-described, which said structure is presently un- occupied. The undersigned represent that they are the owners on the Kenai PeninsuldEorough tax rolls. Signature Address Date WITNESS: r a5o•- :'. i': �)�. ,.. �' _ .. ... ... �s..,, .. <_.�. �.} .}.. .. .a __. ?n .:i .. .� a'�•�:a 1'�ia? u.:, i{.. ii'.. .,. �1 i� n .-�. i�:t��:I _ .�• _ s� ..7` _ _ '�.: ..7 _ .'l'°4:° :J .•4+ is �Z'r t',��=•.�. J. i:. j lig -3^ • c �..•'.i s On thc• clay 0f?Cc,7 1a 11C)t'h Cie �.�0 PelSr > a A Ta���a' L t. %C.`. j;? i:.: c,•s:s k;.I ti:-.:iC'.3i` "-n ' = ri 'ti rr -haa r.ti. i L rv1 i i C:• ti _ 1:...,, ��. % ti caw t. i �.o £sir b;I viu Con.. c i fir' G Pub- lic pc-2-c'a, }1 ^b`? moi.? s Gti; s _ zora'.5 3, 0,&iGr? "gid: a --nd co ..,7, ti utc it p ulb-.s.c T}.uis Sues". _ If y c -o' Lio not £.: -3: c at. ."ic S�:�t :i>�f ry'r. j ^c:%1.:2� _ t' cn the City Cou cal nays "t. 4: '�L".'.r`" r... .. � � �' f' _'' )'".. r 't f`r • ? l.�::i'". c�l:J iJtK is £ a. 9 • . 72. Ci,°,r;;?; So. •� z� il:ri i,i •S A C�' nL�..4%1 is " *r a TOEdwin H. Glotfelty, City Manager FROM Richard 11. Carignan DATE December 27, 1972 SUBJECT STATUS REPORT ON ACTION INITIATED BY CITY ADMINISTRATION FOR ABATEMENT OF PUBLIC NUISANCE. Communication was sent out to 29 individuals on September 28, 1972. To date, there has been 14 persons who have not replied to the communications, 6 letters returned with address unknown and 9 replies. Of those replies, I have received: (a) 2 authorizations to destroy/remove said nuisance. (b) 1 party will be down in February to look at property. (c) 1 requesting information on the use of the Fire Department for burning said structure. (d) 1 property owner indicated that building was in process of being removed. (e) 1 indicated that they no longer owned the property. (f) 1 indicated that they were studying the matter and will let us know. (g) 1 was in the process of improving the building in question. (h) 1 strongly stated that the City not touch his property. Following the recommendations of the City Attorney, the next step is for Council to study the matter and determine whether or not to hold a public hearing on this matter. Should a public hearing be held, notice should go -77" out by certified or registered mail and a general notice in w.� the papers. After public hearing, Council must determine 4 whether or not conditions exist on those particular properties "�. 4 that do in fact constitute a public nuisance. 6 Memo - Edwin H. Glotfelty December 27, 1972 Page -2- Should Council, after reviewing the conditions, find that a public nuisance does exist, then Council should notify owner to abate said nuisance within a particular time. This notice should indicate that the City will undertake such abatement if property owner does not take action. Cost of such abatement shall be chargeable to the owner. I should recommend that the'attached documents be duplicated and be handed out to Council for their perusal. Said docu- ments are: (1) Recommended procedures to follow for re- moval of nuisance building as prepared by City Attorney. (2) A copy of Chief Inspectors statement of public nuisance. (3) Section 12-3, Kenai City Code - Abatement of Public Nuisance. (4) Original letter sent -out to property owners. (S) Authorization for removal of structure. (6) Reviewed notice of abatement of public nuisance. ~chard H. Card- an RHC/db Attachment