Loading...
HomeMy WebLinkAbout1974 P&ZCITY OF KENAI PLANNING & ZONING COMMISSION MEMBERS TERM EXPIRES Ron Malston January 1, 1975. Box 3771 Kenai, Alaska 99611 Telephone: 283-4966 Jon Nelson January 1, 1971 Box 189 Kenai, Alaska 99611 Telephone: 283-4456 or 283-4184 Nels Kjelstad January 1, 1977 Box 1041 Kenai,, Alaska 99611 Telephone: 283-4672 Betty Glick January 1, 1977 Box 528 Kenai, Alaska 99611 Telephone: 283-7637 Beverly Fillio January 1, 1978 Box 1115 Kenai, Alaska 99611 Telephone: 283-7740 Cliff Heus January 1, 1979 Box 211 Kenai, Alaska 99611 Telephone: 776-8121, Ext. 15 Harry Gaines January 1, 1979 Box 624 Kenai, Alaska 99611 Telephone: 283-4864 or 283-4618 10/30/74 scp k a Em march 15, 1.974 Mrs. Laverne Black Box 513 Kenai, Alaska 99611 Dear Mrs. Black, This is to inform #ou that your request for a home occupation in the City of Kenai was approved by-*-"--' the City Planning Commission. Other requirements i.e. health inspection, business license, etc., should be completed by you prior to actual conduct of business. Sincerely, Uf,/ Fred 3/oinen Public rrkfs Coordinator FK/am cc: Planning Commission Lease Application t CITY OF KENAI # P. 0. BOX S80 - KENAI, ALASKA - PHONE 283-7535 Name of Applicant Address 392/ Business Name and Address Kenai Peninsu,'la Borough Sales Tax No. State Business License No. pg 1 of 2 Pnone (check one) k Lease Permit Lot Description Zona X, NZ04,e S' 4.1$;W0;ZoV_ A014;7DW Desired length of Lease or Permit 55 y p.S r,70 PA74 &Wr1,0A1 eAC 4* /IV) Property to be Used for_4,(AO,6eAC-r- 11.0,M667RAV-4oQ72V 4C, Description of developments (type, construction, size, etc.) IVII-t- J60- 40114eV fr XgPOAJ & Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule 0MR4AWMeAlr A-09AJ -A F AA0W111A04FP 41Jr111A1 rAtr- '7&W^ Aft 000rlm) Awloo- Date Signed CI'T'Y OF KENAI P. 0. SOX 580 - KENAI, ALASKA - PHONE 283-7535 Lease Application page 2 of 2 For your information Annual rental rate or cost /�aD, CJ �ia`.D2 A� SQ . F7-) Zoned for/ /4,qT �.t1.aySTx/wL Permits required /e9W V, - Assessment -s 11V Z16 -,?V. vl"„flS,r�s;- (eA173- doe C11- « % insurance required r Construction must be started by ,„(�T,,g►,p,�Dy��y,f�- Completion date for major cons truction s&tc %#40,r 4/7^hk/A/ 2Vj0.r oW L ,rte 444 C vcc�c.�v Scr�srg,�i/�� � �',�p� y► r �s®mss fvpT Routing —,.,A....1” 10ee,0y 't-, / 14741Planning Commission Time -'!a& City Council Time AdWle. -Y Af-744 Recommended by C�.�40 / 401.1.116W'QG , F4oJ40VOu7 P44AI AIW-fr ee o9W GYD&v w/rAIiM THE 70 D4y 40-14)ti /00, mfg rtitcc. This application will be a part of the lease Approval Planning Cbmi.ssiom by City (bane i l , by Receipt acknowledged by applicant KENAI PLANNING & ZONING MEETING DATES FOR THE REMAINDER OF 1974 April 10, 1974 April 24, 1974 May 8, 1974 May 22, 1974 June 12, 1974 June 26, 1974 July 10, 1974 July 24, 1974 August 14, 1974 August 28, 1974 September 11, 1974 September 25, 1974 October 9, 1974 October 23, 1974 November 13, 1974 November 27, 1974 December 11, 1974 December 25, 1974 April 8, 1974 ,Me Kenai Air Service Box 3921 Kenai, Alaska 99611 Dear Mr. Lofstedt: Your application for lease for Lots 7, 8, and 9, Block 5, General Aviation, was approved by the Kenai Planning and Zoning Commission on March 27, 1974. The following recommendations were adopted: 1. A development plan must be submitted and accepted by the City of Kenai. 2. A first right of refusal clause must be added to the 90 day option in order to allow the City to accept any other bonafide offers. Upon receipt of your development plan, a lease will be initiated. If we can be of further assistance to you, please feel free to contact us. Sincerely,,, Pre 'K r inen Public/ rks Coordinator FK/am, +. w PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A GRAVEL PIT WITHIN THE CITY OF KENAI, THE WESTERLY AND NORTHERLY PORTION OF NW,',, NE4, AND W2, NE4, NE4, NORTH OF BEAVER LOOP ROAD, SECTION 10, TSN, R11W, S.M. HAS BEEN RECEIVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION. PUBLIC HEARING ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT WILL BE HELD BY THE KENAI ADVISORY PLANNING $ ZONING COMMISSION AT THEIR REGULAR MEETING, WEDNESDAY, APRIL 23, 1975, AT 7:00 P.M. IN THE CITY MANAGER'S OFFICE, AIRPORT TERMINAL BUILDING, KENAI, ALASKA. PERSONS WISHING TO BE HEARD ON THIS MATTER SHOULD PRESENT THEIR TESTIMONY AT THIS HEARING. ROLAND D. LYNN ADMINISTRATIVE OFF CIAL Please publish in the legal notice April 17, 1975. 9'*V 18, 19 1 Kenai Peninsula Planning Commission Kenai Peninsula Borough P.O. Box 858 Soldotna, Alaska 99569 Dear Mr. Hest: The City of Yenai Planning and Zoning Commission has reviewed the H.A. Daubenspeck property, Tract A (Preliminary/Final) and concurs in the approval of the Plat. Sincerely, } ed K i�hn Pudic wok" Coordinator FK/am CC: Kenai Planning & Zoning Commission YOU ARE BEING SENT THIS NOTICE AS YOU OWN PROPERTY WITHIN 300 FEET OF THE DESCRIBED PROPERTY. PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A GRAVEL PIT WITHIN THE CITY OF KENAI, THE WESTERLY AND NORTHERLY PORTION OF NW'-,, NE4, AND W2j NE4,.NE4, NORTH OF BEAVER LOOP ROAD, SECTION 10, T5N, R11W, S.M. HAS BEEN RECEIVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION. PUBLIC HEARING ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT WILL BE HELD BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION AT THEIR REGULAR MEETING, WEDNESDAY, APRIL 23, 1975, AT 7:00 P.M. IN THE CITY MANAGER'S OFFICE, AIRPORT TERMINAL BUILDING, KENAI, ALASKA. PERSONS WISHING TO BE HEARD ON THIS MATTER SHOULD PRESENT THEIR TESTIMONY AT THIS HEARING. ROLAND U. LYNN ADMINISTRATIVE OFFIVIAL • PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A GRAVEL PIT WITHIN THE CITY OF KENAI, TRACT 6, HORSESHOE END AT RI'V'ER BEND SUBDIVISION, SECTION 10, T5N, R11W, S.M., HAS BEEN RECEIVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION. PUBLIC HEARING ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT WILL BE HELD BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION AT THEIR REGULAR MEETING, WEDNESDAY, APRIL 23, 1975, AT 7:00 P.M. IN THE CITY MANAGER'S OFFICE, AIRPORT TERMINAL BUILDING, KENAI, ALASKA. PERSONS WISHING TO BE HEARD ON THIS MATTER SHOULD PRESENT THEIR TESTIMONY AT THIS HEARING." - -z- ). Z. ROLAND D. LYNN ADMINISTRATIVE OFF CIAL Please publish in the legal notice April 17, 1975. ;OU ARE BEING SENT ThiS NOTICE AS YOU OWN PROPERTY WITHIN 300 FEET ' OF THE DESCRIBED PROPERTY. PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A GRAVEL PIT WITHIN THE CITY OF KENAI, TRACT 6, HORSESHOE END AT RI'V'ER BEND SUBDIVISION, SECTION 10, T5N, R11W, S.M., HAS BEEN RECEIVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION. PUBLIC HEARING ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT WILL BE HELD BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION AT THEIR REGULAR MEETING, WEDNESDAY, APRIL 23, 1975, AT 7:00 P.M. IN THE CITY MANAGER'S OFFICE, AIRPORT TERMINAL BUILDING, KENAI, ALASKA. PERSONS WISHING TO BE HEARD ON THIS MATTER SHOULD PRESENT THEIR TESTIMONY AT THIS HEARING." ROLAND D. LYNN ADMINISTRATIVE OF ICIAL April 23, 1975 TO: CHAIRMAN AND KENAI CITY PLANNING COMMISSION MEMBERS FROM!: LORETTA C. KNACKSTEDT SUBJECT: ISSUANCE OF PERMIT FOR TWO GRAVEL SITES ON THE BEAVER LOOP ROAD AREA, WITH LEGAL DESCRIPTION AS ADVERTIZED FOR PUBLIC HEARING. As a property owner and resident in the immediate area, I would like to have it made a part of the record that I have no objections to the issuance of these permits. I firmly believe that property owners should have the right to do with their property as they so wish, but I also believe that the rights should not have a deterant affect on others property, so I submit that the following restrictions should be made a part of the permit. These I feel are necessary due to the close proximity of choice residential property, some of which already have homes located on them with considerable investment. 1. That a 300 foot screen of trees be maintained on subject properties, effectively screening the gravel sites from the Beaver Loop Road. 2. That gravel pit operators provide assurance in some form to property owners for safeguarding their water well or wells, that water in the area would not become contaminated, or wells loose their depth. It is conceivably possible that draining of this area could affect the water table. 3. That no asphalt plant or rock crusing operations be permitted,.nor snything that is deemL.ed obnoxious use of land be allowed. 4. That Planning Commission Members should give thought to the condition of the Beaver Loop Road, and what damage could occur to the road in its present condition with the advent of more heavy stress placed upon it with loaded gravel trucks. 5. That considerable thought be given to the safety standpoint of gravel sites in this area, that the pit should have gradually sloped sides, and perhaps be fenced in, in the borrow area if they should contain water. The water table in this area has been known to be very high at many times of the year. 6. That due to the closeness of homes in the area, that the time of working the borrow pits be permitted Monday through Friday from 8 am to 5 pm. Respectfully submitted i' Loretta Knackstedt Resident: Barabara Drive off Beaver Loop Road Kenai AV Sr SE 7 ­.-, rc H 5r SE S E OUADR4NT _f4L,­.'N ST SE G si Sr 89 GO!,SE ST SE 11 ST SE tif /?0fY ST SE � ST SE 5 1815 ST SE J ST SE 1133 0 1 Q14 K $7 SE KITTIWAKE ST SE 11— HO 5—H—, -N, AT Hl- MEN $DBD ST SE Orq L0'a ST SE T SE ,:E RG4NSER ST SE 0 ST SE c:;-IfqFy ST 5 C P St SE Sr SE Q ST SE_ 9N ST St - R ST SE ��� RFDPOL-LIST SE _ ST SE -- CONDITIONAL USE PERHIT RIVER BEND ROCK Sz SAND, INC. _TTjNEj and W_NEJITEJ NORM OF BEAVER LOOP ROAD See. 10, M, R11W, S.M. 4 .c l..c. Y 0 . _ 1:. , 19 .'c33 Fr: nces i>r,; rlcr Borour-h Clerk Solclotn.., 111:-slu ly.:AY 4197'5 I ; ich to Tilts notice of :nye;-1 of the c)cci^ia11 0' t}:e :r c: zol:int C�rita7^Kion rc:,tin on ::aril 23, l()tr. 'Phis 1 : s on r:,y cont)itior_: l u: o. ncr:.it on the nro,)c,.rty described r:: the ;lnstorly L i}or therly Portion of d I: Orth of z c::v(r Loop !:o -..d, Section 10, 3 5 }:, I?ll, Al,n t7,�1.ti'' ,)rOPC'rt`i o' nr1 .r ­'ithir V(11 Or t),ts T)ron^rt" 1-- i "i f t"n On^jl, td O?' l C011C,11C't't Cj ,-hi c:-rull:' �'.'1C2,(' to oo. The nrlone)L;,'1 i -Nell l Cub::lith:•(, .•, re:-sor:'bl^ o',e ;']'ld ] i.nt(-,)-,e) i0 mirr,u(s at to the full.,.: -it (,;:tent. L' , y -14 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING, MAY 28, 1975 7:00 P.M., CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, MAY 14, 1975 ITEM 3: OLD BUSINESS a. Mobile Home Court - Public Hearing b. Renaming of access road to Kenai River Bridge C. d. ITEM 4: NEW BUSINESS a. Conditional Use Permit - Thompson Park Gravel Pit b. Mobile Home Sales - privately owned lot C. d. ITEM 5: ADJOURN t S�3 � 7e," luzoel ka, ZZA May 22, 1975, To Planning and Zoning Commisoson re: Mobile Home Sales Area Concerned is zoned " general commercial." I could find no specific mention of mobile home sales except in sec. 20.30.260, " Definitions " mobile home park. It would seem that mobile home sales would most nearly correspond to " automotive sales agencies which is permitted in the general commercial zone. However the trailer ordinaoee would preclude the use of mobile home as an office. B+dg nsp. / Howard-Zackney �'� t JAMES G. DYE P. O. Box 600 KENAI. ALASKA 99611 Nothing fe sell but Service PHONE 283-7513 ICC MC 118518 ATC PERMIT 11 MUKLUK FREIGHT LINES Freight and Equipment Expediters stay 31, 1974 City of Kenai Planning roITHussion 'Kenai, .Alaska Gentlemen: We wish to make a proposal to place a 12' -; 50' :mO-Lilar_ office on the property -tliat we lease from the City where our tnzck shop is located. 'attached is a rouda drawing of the oronosal. T,le will he able to use exi.stinc: electrical facilities, and would have the cfas company run a eras line from the shop building over to the nodular unit. We 1,:7ould need to out in a septic tank and a water well. Your consideration of this proposal and decision at your earliest convenience will be appreciated. Since Aaron L. Sarks Area Foreman AIS :mt PAID City of Kenai Kenai, Aiaaka N v JUN10,74 G � J / z�.�'� O ri ,�� �oN�`� G/�� y��� � � _ .s�I j f.�. __... '— — �„,.. � KENAI PENINSULA BOROUGH Box 850 Phone 262-4441 SOLDOTNA, ALASKA 99669 June 12, 1975 City of Kenai Advisory Planning Commission P. 0. Box 580 Kenai, Alaska 99611 Re: Chester Cone Appeal - Conditional Use Permit Dear Mr. Malston: STAN THOMPSON MAYOR Transmitted herewith are copies of the minutes of the Kenai Peninsula Borough Planning Commission meeting of June 2, 1975, pertaining to the above referenced permit. We are also forwarding any other pertinent information we thought you might want for your public hearing on June 18, 1975. Sincerely, Wendy%112ens Planning Dept. Secretary Enclosures KENAI PENINSULA BOROUGH Box 850 Phone 262-4441 SOLDOTINA, ALASKA 99669 STAN THOMPSON MAYOR June 12, 1975 City of Kenai Advisory Planning Commission P. 0. Box 580 Kenai, Alaska 99611 Re: River Bend Rock & Sand, Inc. Appeal Conditional Use Permit Dear Mr. Malston: Transmitted herewith are copies of the minutes of the Kenai Peninsula Borough Planning Commission meeting of June 2, 1975, pertaining to the above referenced permit. We are also forwarding any other pertinent information we thought you might need for your public hearing on June 18, 1975. Sincerely, 1% Wendy t�c'liens Planning Dept. Secretary Enclosures �ENAI PENINSULA BOROUGH PLANNING & _JNING COMMISSION MEETING PAGE 2 JUNE 2, 1975. AGENDA ITEM E: Public Hearings 1. River Bend Rock & Sand, Inc., Appeal (Conditional Use Permit) This request for a Conditional Use Permit to extract natural resources (namely gravel) within a Rural Residential Zone is located with the City of Kenai on Beaver Loop Road. According to a letter.received from Mr. Robert Bergen to the Planning & Zoning Commission, City of Kenai, the following are his plans pertaining to the gravel pit: 1. Expand the present gravel pit to approximately 27 acres. 2. Leave a minimum of 100 feet of trees between the highway right-of-way and area of excavation. 3. Remove existing buildings and debris and smooth present pits for improved appearance. 4. Overburden will be staked for future reclamation of the property as soon as working space permits. 5. Avoid a deep unsightly hole in the ground and, with drainage, stay above the water table so ground may be reclaimed for future development. 6. The pit will be operated in compliance with the Bureau of Mines regulations. As regards a development schedule, it is impossible at this time to determine the yardage production which will be on the basis of supply and demand. Their plans include the employment of three to five people during the construction season after the pit is fully operative. Public hearing was held by the Kenai Advisory Planning & Zoning Commission on April 23, 1975. Mr. Best read the minutes of that meeting, noting that the Advisory Planning & Zoning Commission unanimously denied the conditional use permit. Mr. Best noted a letter had been received from Loretta C. Knackstedt, a property owner and resident in the immediate area of the gravel pit, stating that she had no objections to the issuance of the conditional use permit as property owners should have the right to do with their property as they so wish, but she believes that the rights should not have a deterrant effect on others' property. She felt the following restrictions should be made a part of the condi- tional use permit, due to the close proximity of choice residential property. 1. That a 300 foot screen of trees be maintained on subject property, effectively screening the gravel sites from the Beaver Loop Road. 2. That gravel pit operators provide assurance in some form to property owners for safeguarding their water well or wells, that water in the area would not become contaminated, or wells lose their depth. It is conceivably possible that draining of this area could affect the water table. 3. That no asphalt plant or rock crushing operations be permitted, nor anything that is deemed obnoxious use of land be allowed. .KENAI PENINSULA BOROUGH PLANNING & TONING COMMISSION -MEETING PAGE 3 JUNE 2, 1975 4. That Planning Commission members should give thought to the condition of the Beaver Loop Road, and what damage could occur to the road in its present condi- tion with the advent of more heavy stress placed upon it with loaded gravel trucks. 5. That considerable thought be given to the safety standpoint of gravel sites in this area, that the pit should have gradually sloped sides, and perhaps be fenced in, in the borrow area if they should contain water. The water table in this area has been known to be very high at many times of the year. That due to the closeness of homes in the area, that the time of working the borrow pits be permitted Monday through Friday from 3:00 a.m. to 5:00 p.m. Mr. Best then read the letter received from Air. Robert Borgen by the Borough Clerk stating that he wishes to file notice of appeal of the decision of the Kenai Planning & Zoning Commission meeting on April 23, 1975, which was on the con- ditional use permit. Mr. Borgen noted in his letter that the only property owner within 300 feet of the described property has no objection if the operation is properly conducted, which he fully intends to do. Air. Borgen felt that the proposal he submitted was a reasonable one and he intends to pursue it to the fullest extent. Public notice of the appeal was published one time in the May 15th issue of the Peninsula Clarion advertising Kenai Peninsula Borough Planning Commission public hearing for May 19th and the May 21st public hearing to be held by the Kenai City Council sitting as a Board of Adjustment. Notices and a corresponding map were sent by certified mail to ten property owners adjacent to or within 300 feet of the described property. All of the return receipts have been received. However, a quorum was not in attendance for the borough planning commission and consequently both hearings were readvertised in the May 22nd issue of the Cheechako News as the Kenai Peninsula Borough Planning Commission must hold its hearing prior to being heard by the Board of Ad- justment, and notice was sent by certified mail, of which 9 have been received. At the May 7th Kenai City Council meeting, the hearing date was set for May 21. The planning commission of the City of Kenai was advised of the appeal at its May 14th meeting. Mr. Best noted at this time that the City of Kenai had con- tacted both Mr. Borgen and Air. Cone (who is also applying for a conditional use permit) concerning the rescheduling of the Board of Adjustment hearing as the City of Kenai. budget hearing is on June 4. Both Air. Borgen and Mr. Cone agreed to having the Board of Adjustment hearing on June 18th. The City of Kenai will advertise and send out the certified notices of this rescheduling. The Alaska Department of Highways had no objections or comments concerning the appeal for the conditional use permit. Mr. Best then read the portion of the City of Kenai Zoning Ordinance, Section 20.30.220 & 20.30.230 of Kenai Peninsula Borough Ordinance 74-70, concerning conditional use permits and the procedures for appeals. Chairman Dimmick asked Mr. Best to also read the portion of the City of Kenai Zoning Ordinance which pertains to the Rural Residential Zone. .)KENAI PENINSULA BOROUGH PLANNING & ZONING CO`IISSION MEETING PAGE 4 JUNE 2, 1975 Chairman Dimmick opened the hearing to the public, asking anyone who testified to state their name for the minutes. Mr. Robert Borgen, President of River Bend Rock and Sand, Inc., presented a drawing showing in detail what he intended to do. He stated he was not applying for the full 60 acres, only about 27 acres in the NW corner would be used. Mr. Borgen stated there were only 3 property owners within 300 feet of the gravel pit. There will be a 200 foot screen between the Beaver Loop Road and the start of the pit, so it will not be seen from the road and will not be unsightly. Mr. Borgen fully intends to operate the gravel pit right. Mr. B6rgen also read a letter from his partner, Mr. Dick Swanson, giving his views. Mr. Borgen noted that the traffic would be minimal and that the objections to the gravel pit relating to the children being hurt was not a valid reason in his opinion. The gravel pit will provide employment for residents. Mr. Borgen also wished to state that some of the people who were protesting the conditional use permit did not even live on Beaver Loop. Mrs. Phyllis Morin, nearby property owner, asked if there was a time limit on the conditional use permit and asked if there was any enforcing of policing this area? Mrs. Morin also asked what the public could do if the policing was not complied with. Mr. Borgen replied that he was not aware that there was a time limit or that he needed one. He stated that there was no production schedule as the work would be based on supply and demand. Mr. Borgen said the work would possibly be done in 4 to 5 years. Mr. Best noted that conditional use permits call for no specific time limit. If the use is discontinued for a time specified within the zoning ordinance, the permit is no longer in effect. Mr. Best also noted that in the City of Kenai Zoning Ordinance, it stated that the granting of the conditional use permit will not result in material dam- age to other properties in the vicinity nor be detrimental to the public health, safety or welfare. Mrs. Janet Bailey asked if the permit was for the 27 acres in the NW corner only. Chairman Dimmick replied that it was. Mrs. Bailey then asked if Mr. Borgen wanted to use more of the property, would another permit be required. Chairman Dimmick answered that he would need another permit. Mrs. Ruby Coyle asked if the public notice said the full 60 acres. Mr. Best replied that the description of the property did include the full 60 acres. Mrs. Grace Shook stated that she was not close to the pit, but she has children and the gravel trucks do speed, they do not observe the speed limits. Mrs. Shook noted that the gravel pits in the area are full of water which is also a hazard. Chairman Dimmick said that the person ap- plying for the permit has to comply with regulations, but the speed limit is enforced by the police, not the borough. Mrs. Shook inquired if this gravel pit would be considered a rezoning? Chairman Dimmick replied that it would be re- zoned as under a Rural Residential Zone, the gravel pit would be allowed if a conditional use permit was issued. Mr. Robert Bailey asked about the reclamation. He has never seen any reclaimed, they mostly have a pool of water in them. Mr. Borgen replied that they intended to do a full reclama- tion of the pit and that their operation would be above the water table at all times. -�ENAI PENINSULA BOROUGH PLANNING 9& .WNING COMMISSION MEETING PAGE 5 JUNE 2, 1975 Mr. Jim Shepard asked where the water level was in this area and wondered if there would be a fence put up around the pit to protect the children? Mr. Shepard also asked how much of the adjacent land would this Pit drain? Mr. Borgen replied that he has a choice to fence the pit in or not and that it would not drain any adjacent land. Mr. Borgen did not know the exact level of the water. Mr. Don Maser noted that although he lived farther away, he thought he had a right to state his views. He asked how close does a person have to live to worry about his children? Mrs. Schook agreed, the trucks drive the full 5 miles of the Beaver Loop Road, not just 300 feet around the pit. Chairman Dimmick stated she also had had this problem in her area (Ninilchik). Mrs. Janet Bailey stated that if the city had felt the pit necessary, they would have a. -reed to the issuance of the permit. Mrs. Bailey said the city has no plans to use the pit. Chairman Dimmick noted that the City of Kenai would not be using the pit, it was for the general economic devel- opment of the area. Mr. Lester Bergen stated that this area is zoned Rural Res- idential and would like to see it stay that way. Mrs. Morin noted that she bought her property as residential and she would also like to see it stay that way. She wondered why there is a planning & zoning commission if an exception can be made in any case. Mr. Nick Miller stated there were too many gravel pits in the area of Beaver Loop and that the pits are filled with water. Mr. Waldo Coyle noted that he has a pit in the Beaver Loop area and he started it because of the need to build the road. Mr. Coyle stated that their pit is screened and can still be used. He wondered if the city was going to let Beaver Loop Road become a string of gravel pits. If the area is more valuable for gravel than houses, maybe they should move the houses out. Mr. Chester Cone mentioned that he had 300 acres in the Beaver Loop area and that he doesn't plan to use it all for gravel. Most of it will be developed for residential use. Commissioner Bolstridge noted that the Beaver Loop Road area is the only place where the good gravel is located in the Kenai area, and that most of the pits around were out of gravel. Commissioner Hursh asked Mr. Bergen if he planned to have a continuous reclamation program; i.e., would he push the top soil back over the used area. Mr. Bergen replied that he would agree to do this. They would have to stockpile the topsoil anyway and it would be a good use for it. Mrs. Ruby Coyle noted that their gravel pit Adjoins an indus- trial lot on side and the other side was swamp, which their pit drained into. Mr. John Oldemeyer asked why not use State land for gravel pits instead of digging up residential lots? Mrs. Janet Bailey asked if the public's feelings really had anything to do with the planning commission's action. Chairman Dimmick stated that the commissioners listened to everyone and took into consideration the public's feelings as well as the applicant's. �ENAI PENINSULA BOROUGH PLANNING & TONING CWIMISSION MEETING PAGE 6 JUNE 2, 1375 Mrs. Lester Borgen stated that the water table in this area is very high. She also stated that the trucks go by too fast and the dust they raise is very irritating. Mr. Shepard noted that even if they have to haul their gravel from somewhere else, it is better than using residential lots. Mrs. Bailey thought the cost per yard for gravel is usually the same all over. Mr. Maser noted that the cost per yard may be the same, but the price Tor hauling makes it more expensive. As there was no further testimony to be heard on this condi- tional use permit, Chairman Dimmick closed the public hearing. Mr. Best noted that an affirmative motion was in order and Chairman Dimmick asked that the commissioners not speak against their own motion. Commissioner Hursh suggested having a cut and continuous fill and reclamation procedure. Commissioner Fillio wished to note that the Kenai Advisory Planning Commission was not against gravel nits, but they were against a conditional use permit in a Rural Residential Zone. Commissioner Fillio read the intent of the Rural Residential zoning in the City of Kenai Zoning Ordinance and noted that was what the Kenai Advisory Planning Commis- sion based their decision on. In regard to the reclamation, Commissioner Fillio asked how that could be done - once the land is gone - it's gone. Commissioner Amundson noted that there was not enough good gravel in Kenai to do the city paving - they had to haul the gravel from Soldotna. Commissioner Hursh moved to allow the conditional use permit for the pit subject to reclamation of the pit, doing away with the hazards, providing a 200 foot screen along the road and a 150 foot screen along adjacent properties, and the slopes of the pit being 2:1. Commissioner English asked if the staff could make up some sort of a guideline for these conditional use permits which the developer would have to comply with and the commission could discuss it at the next meeting. He felt that as long as these types of permits keep coming in, the commission should have some sort of guidelines. Commissioner Hursh withdrew his motion. Mr. Best noted that the planning commission needed to decide whether or not to recommend the Board of Adjustment uphold the Kenai Advisory Planning Commission's decision. Commis- sioner Hursh asked if the Borough Planning Commission was just advisory in this case? Mr. Best replied that it was, the borough delegated certain powers to the Kenai Advisory Planning Commission and the City of Kenai. The Kenai City Council will be the Board of Adjustment. Mr. Best further stated that the planning commissioners can recommend to go along with the Kenai Advisory Planning Commission's decision or not and they can make recommendations to the Board of Adjustment. Commissioners Hursh/Bolstridge moved to recommend the Board of Adjustment approve the issuance of a conditional use permit to River Bend Rock and Sand, Inc., subject to con- tinuous reclamation being done. The motion passed with the following vote: YES: Commissioners Amundson, Bolstridge, Cunningham, English, Hursh and Palm NO: Commissioners Dimmick, Fillio and Hines KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 7 JUNE 2, 1975 2. Chester Cone Appeal (Conditional Use Permit) This request for a Conditional Use Permit to extract natural resources (gravel) within a Rural Residential Zone is located within the•City of Kenai on Beaver Loop Road. Mr. Best read the letter Mr. Cone wrote to the Kenai Advisory Planning Commission submitting his application for a con- ditional use permit to operate a gravel pit. There will be a 200 foot screen along the entire south boundary facing Beaver Loop Road to remove any and all activities from public view and leaving this area in a natural state. He intends to enter the property on the east side and construct an access road along the north -south property line from Beaver Loop Road to a depth of about ?,00 feet. He would then open the pit and continue north and west only as gravel sales would justify, being aware to never approach too close to damage neighboring property. Following is Mr. Cone's pro- posed plan of operation: 1. Opening the Pit: Trees, overburden, topsoil would be removed and disposed of as required by local, state and federal regulations, and this only to the extent justified by seasonal gravel sales. Gravel Removal and Property Restoration: Gravel would be removed to a depth approximating the aver- age water table and continued thus, rather than to excavate a deep pit at any point. Topsoil removed initially would be stockpiled and upon time of gravel depletion would be returned and the land restored for future development. Mr. Cone noted that they have operated gravel pits on the Beaver Loop Road for the last twenty ,years in a like manner and invited inspection of this method of restoration. Compliance with Gravel Extraction and Mining Regu- lations: All pit and removal methods would comply with the Bureau of Lands and Mines requirements as well as local, state and federal standards. In addition the pit will be maintained in a clean, neat and safe manner. 4. Gravel Quality and Type of Sales: The gravel on this property is of quality termed as "Classified Material" and not "Barrow or Fill" material. For this reason sales of this material will be limited to "Classified Material" and thus the lifetime use of the pit ex- tended as long as possible. Protection of Adjoining Properties: At all times of operation care will be exercised to prevent an- noyance to neighbors and public and to maintain pri- vacy. The pit boundaries shall never extend close enough to neighboring property to create danger nor to exceed lawful limitations, except by mutual neighboring agreement. In his letter, Mr. Cone reminded all concerned parties that gravel is an expendable material and is going to become more scarce each year as city progress continues. Mr. Best noted the public hearing was held by the Kenai Ad- visory Planning Commission on April 23, 1975, at which time they denied issuance of the conditional use permit. Mr. Best then read the letter to the Borough Clerk from Mr. Cone appealing the decision of the Kenai Advisory Planning Commission. He felt the members were ill informed regarding Section 20.30.220 of the Code, which allows for a gravel pit operation if conducted properly. He did not feel that )KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 8 JUNE 2, 1975 they reached a decision based on the testimony presented nor the facts relating to the case. He felt their decision was based on listening to a group of people in the audience who, according to the code, should have had little or nothing to do with the outcome. Public notice of the appeal was published in the May 15th issue of the Peninsula Clarion advertising a May 19th public hearing by the Kenai Peninsula Borough Planning Commission and the May 21st Kenai City Council public hearing where the Council will sit as a Board of Adjustment. Notices and a corresponding map were sent by certified mail to eight property owners adjacent to or within 300 feet of the de- scribed property. All return receipts from that mailing have been received. As a quorum was not present at the May 19th scheduled meeting, the notice was readvertised in the May 22nd issue of the Cheechako News advertising the Kenai Peninsula Borough Planning Commission public hearing on this date and the Board of Adjustment public hearing on June 4. Eight notices were sent by certified mail again, of which 7 have been received. The City of Kenai had contacted Mr. Cone concerning re- scheduling the Board of Adjustment hearing as the City of Kenai budget hearing is on June 4. Mr. Cone agreed on having the Board of Adjustment hearing on June 18th. The City of Kenai will advertise and send out the certified letters concerning the rescheduling. At the May 7th Kenai City Council meeting, the hearing date_ wasset for May 21. The planning commission of the City of Kenai was advised of the appeal at its May 14th meeting. Mr. Best read the portion of the City of Kenai Zoning Ordi- nance Section 20.30.220 and 20.30.230 of Kenai Peninsula Borough Ordinance 74-70 concerning the conditional use permits and the procedures for appeal. The Alaska Department of Highways had no objections or com- ments to make concerning, the issuance of the Conditional Use Permit. Chairman Dimmick opened the hearing to the public, asking each person who testified to state their name for the minutes. All the testimony given in the previous public hearing on the River Bend Rock and Sand, Inc., Conditional Use Permit also pertains to this hearing. Chairman Dimmick asked Mr. Cone how long he has been devel- oping gravel pits in the area? Mr. Cone replied he has been developing gravel pits for the last 20 years. Chairman Dimmick then asked Mr. Cone how many had been re- claimed. Mr. Cone replied that none of the pits have been exhausted yet. Mr. Cone went on to state that the code does allow for a conditional use permit for a gravel pit if the operation is conducted properly. His proposal more than meets the code. It is his understanding that persons living within 300 feet of the work area should have anything to say. Mr. Cone also mentioned that he has agreed to put 300 feet distance between his property and Mr. & Mrs. Coyle's property. Mr. Cone noted that two members of the Kenai Advisory Planning Commission own property in the Beaver Loop area and he felt they should have abstained from any KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION !4EETING PAGE 9 JUNE 2, 1975 discussion on this permit. The only objections he has heard is that the pit would be unsightly and the danger from the trucks. Mr. Cone stated his pit would be screened, so it wouldn't be unsightly and that there hasn't been a wreck and no one has been injured in 20 years. Mr. Cone also noted that there is a highway usage tax on the trucks, not a license tax, and this tax is used in the building of roads. There is a need for good gravel - gravel is avail- able in the Soldotna and North Kenai area, but the additional help and expense of hauling is too high a cost. Commissioner Hursh asked if the planning department had a copy of the Bureau of Mines standards? Mr. Best replied that the planning department did not have them. Mr. Cone said the Bureau of Mines requires fencing of exits and inlets and sloping banks. lie also noted that they com- ply with all regulations of the city, borough, etc. Commissioner Fillio asked Mr. Cone if he had the only clas- sified material in the area. Mr. Cone answered that the Coyle's had good gravel, but there were very few other good pits. Mrs. Coyle noted that Red Frederickson had good gravel and that he furnished most of the gravel for the City of Kenai paving. He is located in the City of Kenai. Mr. Cliff Ileus, member of the Kenai Advisory Planning Com- mission, said Mr. Cone had suggested that he should have abstained from voting because he lives in the Beaver Loop area. As he knows most about that area, it was his under- standing that he should have voted. Chairman Dimmick stated that was true, that was why they had area representatives. It is a commissioner's duty to vote unless it is a conflict of interest. Mrs. Borgen asked how close people could be before they could testify on something like this? Chairman Dimmick said any person in the area who is a taxpayer has a right to testify. Mrs. Morin asked why she got a letter informing her of the hearings if she didn't live within the 300 foot limit? Mr. Best replied that if there is any doubt about the distance, the staff sends a notice. There was no further testimony to be heard, so Chair -man Dimmick closed the public hearing. All the commissioner's statements after the public hearing on the River Bend Rock and Sand, Inc., Conditional Use Permit also pertain to this permit. Commissioners Hursh/Bolstridge moved to recommend the Board of Adjustment approve the issuance of the conditional use permit subject to a continuous reclamation being done. The motion passed with the following vote: YES: Commissioners Amundson, Bolstridge, Cunningham, English, Hursh and Palm NO: Commissioners Dimmick, Hines and Fillio As it was getting late in the evening, and there were other members of the public present who had items on the agenda, the commissioners decided to hear those items first. NOTICE OF APPEAL PUBLIC NOTICE Notice is hereby given that appeal has been filed by Chester Cone with the Administrative Offical and the Kenai Peninsula Borough Clerk appealing the April 23, 1975, decision of the City of Kenai Advisory Planning and Zoning Commission. Public hearing on this appeal for a Conditional Use Permit within a Rural Residential Zone to extract natural resources (gravel) located within the City of Kenai and more particu- larly described as Tract 6, Horseshoe Bend at River's End Subdivision, will be held by the Kenai Peninsula Borough Planning Commission at its scheduled meeting, Monday, June 2, 1975, which commences at 7:30 P.M., Borough Administration Building, Soldotna, Alaska. Public hearing on this appeal will be held by the City Council of the City of Kenai sitting as a Board of Adjustment, Wednes- day, June 4, 1975, which commences at 8:00 P.M., Public Safety Building, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at these hearings. G. S. Best Planning Director Kenai Peninsula Borough James A. Elson ?Mayor City of Kenai PUBLISH: $X (May 22, 1975) Cheechako News NOTICE OF APPEAL PUBLIC NOTICE Notice is hereby given that appeal has been made by Robert _- L. Borgen, President & Manager, River Bend Rock & Sand, Inc., ----- with the Administrative Offical and the Kenai Peninsula Borough Clerk appealing the April 23, 1975 decision of the City of Kenai Advisory Planning and Zoning Commission. Public hearing on this appeal for a Conditional Use Permit within a Rural Residential Zone to extract natural resources (gravel) located within the City of Kenai and more particu- larly described as NW4NE4 and WZNE4NE4 lying north of Beaver Loop Road, Section 10, T5N, R11W, S.M., will be held by the Kenai Peninsula Borough Planning Commission at its scheduled meeting, Monday, June 2, 1975, which commences at 7:30 P.M., Borough Administration Building, Soldotna, Alaska. Public hearing on this appeal will be held by the City Council of the City of Kenai sitting as a Board of Adjustment, Wed- nesday, June 4, 1974, which commences at 8:00 P.M., Public Safety Building, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at these hearings. G. S. Best Planning Director Kenai Peninsula Borough James A. Elson Mayor City of Kenai PUBLISH: IX (May 22, 1975) Cheechako News —JAY S. HAMMOND, Governor DEI!.119TMENT OF 111(;11*#V:% S' 5700 Tudor Road CENTRAL DISTRICT / P. O. Box 6750 Anchorage, Alaska 99502 May 27, 1975 52A-2911 Subdivision Plats Notice of Appeal Kenai Peninsula Borough P.O. Box 850 Soldotna, Alaska' 99669 Attention: G. S. Best Planning Director Gentlemen: The Department of Highways has no'comments or objections concerning the below listed subdivision plats as submitted to this office for review. Eomewood Subdivision Webber Subdivision We, also, have no comments or objections concerning the appeals for a Conditional Use Permit to extract Natural Resources (gravel) located at the following: NW 1/4 NE 1/4 and W 1/2 NE 1/4 NE 1/4 lying north of Beaver Loop Road, Section 10, T.5N., R.11W., S.M. and Tract 6, Horseshoe Bend at River's End Subdivision. Sincerely yours, JACK M. SPAKE Central District Engineer Donald E. Beitinger Central District Right of Gray Agent w jvv; AY 2 0 197 s d O D Q JAY S. HAMMOND, Governor DEPAIMMENT OF IIIGII'%VAVS 5700 Tudor Road CENTRAL DISTRICT / P.70. Box 6750 Anchorage, Alaska 99502 May 27, 1975 52A-2911 Subdivision Plats Notice of Appeal Kenai Peninsula Borough P.O. Box 850 Soldotna, Alaska 99669 Attention: G. S. Best Planning Director Gentlemen: _ The Department of Highways has no comments or objections concerning the below listed subdivision plats as submitted to this office for review. Homewood Subdivision Webber Subdivision We, also, have no comments or objections concerning the appeals for a Conditional Use Permit to extract Natural Resources (gravel) located at the following: NW 1/4 NE � / Beaver Loop Road, E Section 10, T 1/4 N5N., R111Wg,nS.M. and Tract 6, Horseshoe Bend at River's End Subdivision. Sincerely yours, JACK M. SPAKE Central District Engineer eo6nald E. Beitinger Central District Right of Way Agent a It UUNUtYAIV I '4L:ow ST SE D.2 G 51 SE gg ! 88 I GGvSE ST SE r ST SE HEN01v ST SE 1315 ST .SE i \"J ST SE J4 Y3 R0 �ST S,- 1 ! 3 $ 114 /-3 o Iy- -- j5 T S E --------- - ---- K /,ITTIW4KE STSE -1 NORSESMOE' END AT RIVER r9EN ( SUBD L ST SE LOON ST SE 4" ,T SE '.IERG4NSER 57 SL Al sr SE �I rCHorSE C ST SE _ 112 - - 1 1 CS•'4EY ST SE P ST SE �., N ST SE — -- —�– — 0 ST SE J� r ,I ST SE ! I til R ST SE 1 .4EDPOLL ST 5 ST SL CONDITIONAL USE PERMIT TRACT 6 HORSESHOE END.AT RIVER BEND SUB. SEC. 10, TSN, R11W, S.M. Memo to: Honorable Mayor and City Council From: City Attorney Date: June 16, 1975 Subject: Gravel Pit Appeals by Borgen and Cone The following memorandum is intended to set forth the legal standards which the Council should follow in hearing the appeals of Bob Borgen and Chester Cone. Although both cases present essentially the same issues, the appeals should be heard separately. The Beaver Loop area within which the Contitional Use Permits are requested is zoned Rural Residential. According to KPC 20.30.070, "The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment." A. copy of that code section is attached to this memorandum. Since a gravel pit is not within the uses permitted by the above cited section, it can only be permitted if it falls within an exception to the rule. Such an exception is found in KPC 20. 30.140 (2) (B) , which provides that the development and extraction of natural resources may be permitted in any zone within the City if two conditions are met: (1) The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties, and (2) A sight obscuring fence or uncleared buffer strip of good appearance shall be provided. Before the Council can render a final decision on the matter, it must make the following preliminary findings of fact: 1. What economic benefits would accrue to the City if the gravel pit were allowed? 2. What effect would the operation of the gravel pit have on adjoining property? 3. When the above two factors are balanced, which factor outweighs the other? 4. If benefit to the City outweighs detriment to the adjoining property -owners, then what type of fence or buffer strip would. adequately shield adjoining residential zones and public rights-of-way? C. R. Baldwin t (3) lNGeption oY this Section - Ontside Storage of Junk: Notwi%,1 niandinq the provisions of this section, no junked veki cie /or junk shell be stored outside and no unonclo ad ,junk or wrecking yard shall be main - tai nod it a location which is visible from a city or state road in any zone. However, the Planning Commission may ;;rant. a Condit, :.cn l use permit under the proceWape sneciiied in Scction: 20.20. ` 00 allow- ing said use to continue for a sDecified period of time if: (A) An E - foot high sight -obscuring fence of good appearance has been provided around said use. Section 20.30.030. Conservation Zone -- C Zone (1) Intent: The C Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reserva- tion of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land. (2) Uses Permitted: (A) Airports and related use (B) General gardening; and farming (C) Park or recreation use (B) Off-street parking (E) Cemeteries (F) Radio or television transmitter towers Section 20.30.070. Rural Residential. Zone - RR Zone (1) Intent: The RPS Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive resi- dential. environment. The specific intent in esta- blishing His zone is: (A) To separate residential structures to an extent which will: 1. Preserve the rural, oTen duality of the environment; 2. Prevent health hazards in areas not served by public; water and sewer. OrMi}amee To. I._ :) T. a , ' 1") (11, IS of industrial and comnerci<.il. uses. It is intended to apply to indn trial arras which are sufficiently isolatod from rosidential and colr,it,,�rci_al areas to avoid any nui._.anco effect. (A) As in the IL Zone (3) Development Requirements: (A) in in the 17, Zone excevt that the item (3) (A) rrohibiti, uses with nuisance effects shall not apply. Section 20.30.140. Conditional. Uses (1) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Planning Commission shall permit this type of use if the conditions and requirements listed in this ordinance are met. Before a conditional use permit may be granted the procedures specified in Sectio, 20.30.220 must be followed. (2) Conditional Uses moi; All W cs. (A) Uscs not specifically permitted in the zone con- cerned may be permitted provided that the following conditions are met: 1. Such uses must be similar to principal uses permitted in the zone; 2. Such uses must be in harmony with the intent of the zone. (B) Development and extraction of natural resources together with necessary buildings and apparatus may be permitted provided that the following conditions are met: 1. The benefits to the city in terms of economic development must outweigh any adverse effects on adjoining properties; 2. 1 sight obscuring fence or uncleared buffer strip of good appearance acceptable to the Planning Commission shall be pro- vided between such uses and all adjoining residential zones and all adjoining public right-of-way. Kenai. Peninsula Borough Ordinance No. 74-70 Page 19 of Robert T. Bielefeld Box 46 1 1 :enaijAlaska ;9611 Proposed Plan for Block 5s Lot 1 Small Aircraft Aron June26, 1974 Enclosed is drawing of lot and rroposed building. The building would house a flying service office writh sales of related items, also o-f4ce and sales of oil field related products. The dra:wring of the building on Vle lot as to location and dimensions are not exact until the final plan is arrived at. I plan to do the dirt work this year, 11971t, and the first phase of the building in the siring of 1975. Future e)q)ansion would be a shop area built as a hanger and rossibly used as a machine shop as i -.,ell as a hanger. C6 cA . e,�h o�y r IV cc, CITY OF KENAI P. O. BOX 580 - KENAI. ALASKA - PHONE 283-7535 ".ame of A,,Nlic nt Rcbert T. Bielefeld Address Box L6 'n'i- 11 "'31", 7:1 Business Name and Address Kenai Pcnin_sula Borough Saie:, :ax No. State Business License No. 01495 Pnone 283-hl2h Lot Description Bock 5 Lot 1 Lease Application # pg I of 2 31 cC2_31 (check one) X Lease Perri Desired length of Lease or Permit 55 years Property to be Used for Aviation orerat`_on, Oil field s,: T_ ly -md s-rvice Description of developments (type, construction, size, etc.) Total r-lan not complete. Construction z•:ould be steel biu1Iding or better. S4, I.0 :iuli� 5 rili€; 01 1/ o :nth the dirt work this sul L-:ier(197W Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Girt work 1974 tirin C -nstri:ction 1975 Date ' I ! Signed 9 Ro-jrt T. Bielefeld Box 46 Kenai,Alaska 99611 Proposed Plan for Block 5,, Lot 1 Small Aircraft Apron June26, 1974 Enclosed is drawing of lot and proposed building. The building would h house a flying service office with sales of related items, also office and sales of oil field related products. The drawing of the building on the lot as to Tocation and dimensions are not exact until the final plan is arrived at. I plan to do the dirt work this year, 1974, and the first phase of the building in the spring of 1975. Future expansion would be a shop area built as a hanger and rossibly used as a machine shop as well as a hanger. 0 m CIO Co Cis HcAnq 141,10 uj y CITY OF KENAI P. 0. BOX 580 - KENAI, ALASKA - PHONE 283-751 Name of Applicant Robert T. Bielefeld Address Box 16 xpxpil Al nmka 0961 Business Name and Address Kenai Peninstila Borough Sales Tax No. State Business License No. 01495 Phone 283-4124 Lot Description Block 5 Lot 1 Lease Application # pg 1 of 2 31 00231 (check one) I Lease Permit Desired length of Lease or Permit 55 years Property to be Used for Aviation operation., Oil field supply and service sho-o Description of developments (type., construction, size, etc.) Total plan not complete. Construction would be steel building or better. T�, Lv, LilJs bi riag or j_5r(5 with the dirt work this summer(1974) Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Dirt work 1974 urith Construction 1975 Date Signed op INLET COMPANY, INC. GENERAL & MECHANI t L CONTRACTORS 1833 POST-ROAD " ANCHORAGE, ALASKA 99501 PHONE 272-6576 February 22, 1974 City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Ra: Industrial Park Lot 1, Block 3 Willow Drive Att: Fred Korpinen Public Works Coordinator Dear Sir: As you know through our discussions, we have expressed an interest in developing Lot 1, Block 3 on Willow Drive, in the dityls Industrial Park. We are requesting that you put a hold on this lot for as. Please notify us of your confirmation. As things de -,-elope, we will file our development plan vith you. Very truly yours, INLET COMPANY, INC. C' R. Cherrier KFI;A1 PENINSULA BOROUGit- Box 850 Phone 262-4-1-11 SOLDOTNA. ALASK%A 0669 MEMORANDUi l To: Honorable 111ayor, Members of Assembly and Alembers of the Planning Commission of the Kenai Peninsula Borough Z:) From: Ben T. Delaha'y, Borough Attorney Re: Passage of Adequate Legislation on Zoning to Enact an Enforceable Zoning Ordinance, to Provide Clarification, and to Avoid Confusion and Multiplicity of Ordinance Provisions in the New Codification of Ordinances.. Date: May 28, 1974 STAN THOMPSON MAYOR Because of the progress in preparation of rocodification of the ordinances of the Kenai Peninsula Borough under contract with Book Publishing Company, I believe that it is necessary at this time to bring to your attention the rather deplorable state of our zoning ordinances. First, I would pc,-nt out that our contract for 'reoodification'and for 100 copies of the code has an estimated contract price of $3,620. 00 based on 200 pages in the code, but that the charge for more than 200 pages would be at $10.00 per page. I would also point out that the Homer zoning ordinance (adopted by the borough as Ordinance No. 33) con- sists of 35 pages, the Soldotna ordinance (adopted by the borough as Ordinance No. 34 and purporting to adopt by reference the Homer ordi- nance with necessary modifications to refer to Soldotna) consistsof 2 pages, and the Seward ordinance of 1962 and the Kenai ordinance of 1964 (purportedly adopted by reference in Section 20. 10. 10 of Ordinance No. 15) consistof 45 pages and 75 pages respectively. If all of these ordinances are properly adopted and placed in the new code they would total a minimum of 157 pages (and if the Soldotna ordinance were spelled out it would raise the total to 190 pages) which at a cost of $10.00 per page would total $1,570. 00 (or $1,900. 00) in addition to all of the pages required -for general ordinances of the borough. There are more important questions, h'dwever, than this increased and unnecessary expense which is a relatively minor amount with respect to the borough budget. Primarily, examination of the statutes with respect to adoption of ordinances leads me to the opinion that the AGENDA ITEM _ES May 28, 1974 Pagc 2 - Kenai and Seward zoning ordinances have never been properly adopted by the borough and that therefore no zoning- ordinance exists in those areas ivhich would be enforceable. Thus, if the recent gravel pit fiasco had actually been brought into court for enforcement, I doubt if there would have been found any ordinance to be enforced. While the Soldotna zoninb was enacted as Ordinance No. 34 by the borough, the method of adoption by reference is such that I am somewhat dubious as to the result if an attack is made upon it. I am informed that the City of Kenai, since the adoption of the Borough Ordinance No. 15 on April 19, 1966, has revised their zoning code without getting the revision enacted by the borough assembly. Evidently the city is acting without any consideration of the restriction originally placed in AS 07.15.310 and now contained in AS 29.33.010(b) that no city may exercise an areawide power once that power is being exercised by a borough. While there was a provision in old Title 07.20. 120 (in effect at the time• of adoption of Ordinance No. 15 by the borough) which provided that the assembly might "adopt any standard published code of technical regulations in a single ordinance.. ." , it is my interpretation that by "technical regulations" the statutes had in mind such codes as plumbing codes, electrical codes, building codes, etc . , =-such technical regulations should not be confused with legislative provisions such as zoning ordinances. Like provisions are now contained in AS 29.48.170 where an assembly may in a single ordinance "adopt or amend by reference provisions of a standard published code of regulations." Whether or not the zoning laws of Kenai and Seward could be included as "technical regulations" and would meet the criteria of being "standard published codes", I doubt that the proper procedures Were used for adoption from a reading of Ordinance No. 15 of the borough. Just as important is the confusion that. would exist in the case of a property owner having property in two, three or four. cities, iri which _ he would have to meet various criteria as to the zoning areas, set backs, side yards, building heights, and other provisions of the zoning code. For example I am attaching hereto that portion of the Kenai, Seward, and Homer and Soldotna codes relative to residential construction. A careful comparison of these codes will reveal that although they are very similiar there are differences between the three codes as to whether one family, two family and multiple family dwellings are included in the same area, what can be included in a residential area besides residences, the distance of set backs and side yards, and other such matters. A careful examination, however, will show that although there are a multitude of such differences, they are of relatively minor significance --for instance one ordinance has a minimum lot area of 7200 square feet with minimum width of GO feet, another has a minimum IIon. Mayor, Members of Assembly and Planning Commission May 28, 1974 Page 3 - area of 6,000 square feet with a minimum width of 60 feet and a third has a minimum area of 6,750 square feet with a minimum width of 50 feet. Are these differences so significant and important that they cannot be compromised and one minimum area and width of lot for a single family residence be set that would be applicable throughout all areas in the borough where it is desired to impose zoning restrictions rather than leaving them open in the rural district? I would observe that there is also here a constitutional question as to equality of treatment where one governing body, the Kenai Peninsula Borough, enacts zoning laws in which a resident in one area has to meet different criteria than a resident of another area under similar conditions. In addition, the confusion of operating in various such areas and the length of the code that would be required would indicate that since the borough is now ten years old, it is time that it required some reasonable cooperation between its various cities if they desired to have some sort of home rule in this area rather than having the borough impose a standard upon them all. I would recommend that the borough assembly encourage the members of the borough planning commission from the cities desiring zoning to work together with the remaining members and the Borough Planning Director to come to grips with the various problems and to work out a general code that would be applicable throughout the borough. If any of the members 'Wi to cooperate, I would assume that the fewer members in the group, the more efficiently the group could operate • I am well aware that the desire of the borough, and of the various cities within the borough, is to avoid the "great white fatlher" image of the borough enforcing its dictates upon the communities, how- ever, eria"ctmeiit of generale provisions wMch-would be controlling through- out the borough would not prevent the assembly giving a great deal of weight to the wishes of local authorities as to whether a particular _ block or area should be zoned as Residential 2 or Business 1_or what-, ever the local body desired. While you cannot constitutionally delegate your legislative powers, there is no reason that you cannot give a great deal of weight to local desires as expressed by local governing bodies "96-loii&'"as no protests are raised which would show injustice, or inequality of application. of the lai,ls, so as to raise constitutional questions. If any such action is to be accomplished in time to get a reasonable general zoning ordinance included in the new codification of ordinances, then action must be accelerated at once as a great deal of work is necessitated in working out the details of such an ordinance, Hon.. Mayor, Members of Assembly and Plannincr Commission May 28, .1974 Page 4 - and then the ordinance itself would have to be passed before the closing date of September 1, 1974, which has been set for the new codification. I realize that where we have highly independent areas and many who do not wish any zoning at all that this is a hard nut to crack, but the kernel of the matter is that if we are to, have a zoning ordinance at all, it must be constitutional, it must be properly legislated, and it must be enforceable --otherwise it cannot be enforced and is entirely worthless. It then becomes a drag and a hindrance to those who are law abiding and attempt to comply while it pre.sent5no hindrance at all to those who will not comply with any law unless it can be enforced. I invite your earnest attention to this matter in spite of the fact that it may be a disagreeable -subject to you. Respectfully submitted, �, Ben T. Delahay Borough Attorney BTD/tb Attachment 0 ORDIINIANC.E. PO 56 293 Section 4 RESIDE'ITTIAL (R) ZONES /I -:-Nlq / - I A. Uses Permitted. 1. One -family, two-family, and multiple -family dwellings. 2. Boarding houses. Truck gardening, the raising of bush and tree crops, flower gardening, and the use of green houses.. 4. Home occupations, 5. Accessory buildings and uses not used or operated for gain. 6. Churches, provided that no part of any building be located nearer than 30 feet to any adjoining lot or street line. 7. Required off-street parking. B. Building Eeir�ht Limit. 1. ft limit except i,.,here- limited by City Airfield Regulations. C. Lot Area. 1. The minimum lot area shall be -/200 square feet and the minimum lot width shall be 60 feet. 2. The minimum lot area for dwellings shall be: a. For a one -family dwelling 7200 square feet per dwelling unit. b. For a tiro -family dwellinL, 3600 square feet per dwelling unit. . I e ORDT1'Tr NCE NO . 56. V -'294 _. e. For a multiple--farail*,r dwelling with three or four dijulling units - 2LI-00 square feet per dwelling unit. d. For a multiple: -family dwelling with five, six, or seven dwellin- units - 2000 square feet per dwoll= ing unit. e. For a multl*ple-faraily dwelling with eight or more dwelling units •- 1600 square feet . per dwelling unit. U. Front Yard.. 1. There shall be a front yard of not less than 25 feet, but in no case shall a building be constructed within 150 feet of the centerline of a State highway on the Federal Aid S-Tstem or 58 feet from .the centerline of a City street. E. Side Yard. , 1. There shall be a side yard of not less than 10 per cent of the wie th of the lot but sucl� side yard need not exceed 25 feet. The mini -mu: -1_ side yard on the street side of a corner lot s'�all be an equal set back distance as required on a side street. 2. The following additional req uircmnents shall apply to two-family and multiple -family dwellings: a. In case the building is so located on the lot that the rear thereof abuts one side yard and from. abuts the other, the side yard along; the rear of the building shall have a minimum width of 12 feet and the side yard alonC the front of the building shall have a minimum width of 18 feet. b. For multiple -family di,,1el.lings the minimum side yards required shall be increased one foot for each dwc1linF5 unit over four. F. Rear. Yard. 1. There shall be a rear yard of not loss than 25 per cent of the depth of the lot but such yard need not exceed 25 feet:. a l:n.l� s ; ot.h� r�:i:: i�ro��i.�•: c; for in Chi.:: chapt(')-, the j.oll.o%ti.nl; regula- Cions shall :Ippl�• to caclj of the said three u::c dist'r.iet.s; (i>) !:-hisiri..•t;, i:�•::iicnti.al: _ e A. One . -Md tc,o-fr,::►ily e ell i",;s. B. Multiple I....._1:. a•..elliti.zs. C. Schools, both public and pri.yato. D. Public p rks-and play -rounds, including public buildin,s accessory t1wrcto, and other municipal recreational uses. E. Horde occupation. F. The roil i.n^ of vegetables, berry and fruit crops, but O U � not including any sales rooms or buildings used primarily for the sale thereof. G. Public libraries, both public and private museums or art galleries. H. Churches 1. Medical clinics and professional offices. ' J. The following buildings or uses, if no portion of the struc- ture containing such use shall be less than 15, feet from any adjacent residential lot: i. Public or private nurseries, hindergartens, chil- dren's bozrdin„ homes, orphanages. ii. Public parking areas, provided a sightly fence or ihedf;e is provided and ra:)intained within the side building line. iii. 00'er public buildi.n.�; . or properties of a charter itoL custo;•arily conducted as a• gainful. business. ► •r�ori4 feet from any adjoi_r,in,' P_•t•:rises in any 11. Use lli-- trict: i. 1'ri.v.rte cl.!bs operated for the benefit- of talc • � �aer-r'uers. ii. Hospitals; sanitariums; nursing, rest or convalescent homes; not pri!::arily for contagious diseases nor for the care of drug addicts or alcoholics, nor for the care of the insane or feeble-minded. iii. Police stations; fire stations. M. Height regulations: L Two and one-lialf stories, but not to exceed 35 feet in heiglit for one or two family dwellings. ii. Not to exceed 80 feet in height -for multiple - N. Required lot area: i. One and 0--o-f-­,-Aly dwellings - eacli such d;,;c:lling shall be located on a lot not less than 6,750 square feet in area and not less than 50 feet Width. ii. Multiple-fr,rlily dw011inC;s - each such building shall be located on a .lot providing the following rrinimurr arca Pcr duolli•n- unit, accordins to number of stories ill building. . (17) r 1'1:11wr (If SI0I*ii Lot Arra nor l� �• 1,000 . c, . L�. 2 600 sq. [cot 3-6 700 sq. f^_cL Dut no lot shall he less than 6,750 square feel in area zncl pot less than 50 feet in width. iii. Other permitted uses and building - each such buildi.nj shall t -c located on a lot not less that: 6,750 square feet- in area and not less than 50 feet in width. 0. huildinc, area 11'e-ul.ations i. One and tvo-family duallinSs: all buildin-s including accessory buil.dinos shall not cover more than 50 (fifty per cert) of the lot: ii. 1•;ultiple-family dwellings: all buildin;s, including accessory buildings, shall not cover more than 65% (silty -rive per cent) of the lot. . P.* Yard Regulations: Minimum i.. One and two family dwellings Front yard depth: 20 feet Sideyard width: 5 feet on each side of a building provided vhcre a side yard fronts on a side street; the width of that yard shall not be less than 10 feet, and provided further, that no part of any Church or School shall be within 20'feet of any adjoining residential lot. Roar Yard Depth: 10 feet. i.i. Multiple -family dhcellin,;s: Front ).;J) -o depth: 10 feet Side yard %Ili.dth: each shall be 0116 -fourth the hei.s;ht Of flit: bui ld ir1_•, IIut: 110L 1c::s than 5 feet i1s:% ea ch, but in c -vent vhQre ; side yard fronts on a Side street shall the width of that yard be less r than 1.0 feet, and no Part of any Church or School shall be within 20 feet- of any adjoining lot. }tear yard dej t!l: oa.-thir:l of the hcioi,t of the buildtin', but not less than 10 feet. (c) C -Districts, Com: rcial: . (1) tlscs Pc37:tit•tC(I: A. All'uses permitted in l: Districts. B. Stores, shops and offices for the conducting sof any retail, wholesale, professional, corLnercial or govern- mental business. C. Theaters, bowling alleys, pool parlors, restaurants, cocktail bars, dancing establishments and other places of amusement, recreation or assembly. 1). hotels, private clubs, fire and police stations. E. Trailer courts and motels. •P. Private educational institutions. G. Service stations, public garanes, sales rooms and shops for repair of motor vehicles and boats and other engines and nppurtcnances, provided, that repair of automobiles and boats can be conducted tAiolly within the building. 1I. Ne%-,spaper and printing, cstablishlaents. 1. Cleaning and laundry establish,,ents using non -explosive and clk�anin- fluids:. (19) OF',Dx?ZA,':C }C0. j14 0: AM CIT:' 0: S21j"'3D r A. ' h"r. ord:.azrce sbull be ?:nnt;n acd c.ay }ia cited as the "Zon1n Ordircnce of } the City oC- 'Cc:;crd".. SEli i.:0N 2.. i};;r }}?,c•71IC^F i''} MAP i A. The City of Sec-ord _s hc.ahy divided :Li'to the following use district: { + R-1 Orae lanily }:e; idc::ce District R-2 Tvo Vrm?ly Rc-,idcncc District R-3 }: �1Li-fata„lyse ,�dc :txwl D: atr; ct C -:I lteig};or,.cad Ccs: ar cial District . C -T, Limited Cc=_nrc!c1 District . C-0 General Cc nrcLal District i Yndustrial Di^ Xict k Pu'alf.c Use District I}. The use districts rre boc:nded And defined as shot. m- on a rap entitIce, uZon no 21,,E of the City o Seward", a cert�`icd cagy o' ::hick is 0.1 f le :n the of -`ice of the City Mer}c and r;.:Ica, tsith all '-tv. . thereon, i3 hereby r -::e -:e c p, rt of this ordi:lance. (S E VELTION 22, I'!3:z2C / t A.- Xt shall be•un14uful for nay person to erect, construct, estrblisb., Ater, edd to or cnlcr-c; or to cauae or peruit to be erected, const::uct:ccd, • •.,es%abllzhed, altered or enlerged; or to use, occupy or perr:.i:t to ba used -• t # or occu,ice-, nny 1; -id, buildin- or prec:',Lses for any purpose or in r.^.y • mnaer contrt;ry'to the provisions of this ordinance as to uses permitted i or excluded, buil.din" hc_-ht limit or lot arca, open rpaces arou.d or betuccu bulidirgs or buiidirg, setbacics required is the particular use dictrict in vh'_ch such lsnd, build --n- or prey-itcs is located. 14. I,(*.*:;-,! 1:tc(I . • 1. Onc-•fz:lily c`.c:elllr;-s. 2. Truce garecning, the raking of bush and tree cross; doter gnrde:ring and t} -.e use ar grccrhou;cs i;,;c.i incldentel to the rc.:dcntial uW^ of t property sad not for couziercial purpo;:es. �. Home occupytions. .{. Accessory buildings and uses riot used or operated for gain and not Including guest houses or accessory living qu;.rters. The pz;rkino of heavy equipmont such as buses, tractors, graders or trucks shall not be'eonsidered es an accessory use. §. Churches, provided that no part of any such building be located nearer than 20 feet to any .adjoining lot or street lire. 6. Required off-street parking (Soo SECTION 14.) B. 'Bu iIdinq Ea icht Limit 1. The maximum building height shall be one and one-half storics'but shalt not exceed 2j feet. C. Lot Area 1.. The nininum lot area for, each one- family d::e•Iling shall be 6000 square feet and the minimus, lot width shall be 60 feet. • D. ' Front Yerd , 1. There shall be a front yard of not less than 2j feet. E. Side Yard ; 1. There shall be a side yard of not less than ICrZ of the width of the lot but such side yard need not exceed 20 fact. The niniriun • -side yard on the street side of a corner lot shall be 10 feet. F. Rear Yard � 1. There shall be a rear yard of not' -less than 20f of the depth of the. lot but such rerr yard need not exceed 20 feet., SECTION (R-2) C.-DIU': DENSITY RESIDENCE DISTRICT REGULATIONS A. Uses Permitted 1. Any use pernittcd in the R-1 district. 2. Two-fanily dwellings. j. Required off-street parking (Sec SECTION IL,.) 4. Accessory build;ngs and uses as set forth in SECTION 1.A. 1). ButIdinn I:r.ir,ht Liedt r 1. The r..Uximum building height shall be two stories but shall not exceed *'0 feet. B C. Lot Arra 1. The minimum lot•ar.:a shall be 60.00 square feet end the minimum lot ' width shall be 60 feet. D. Prost Yard 1. There --ha II be a front. yard,of not less than 25 feet. E. Side Yard . 1. There shall be a side yard of not less than 10f of the v6 dth of the tot but such side yard need not exceed 20 feet. The minimum side yard on the street sLde of a corner lot shall be 10 feet. 2. The following additional requirements shall apply to two-f4miiy thiel l ings: a. In case the building is so located on the lot that the rear thereof abuts ooe side yard.and front abuts the other, the side yard along the rear of the building shatf have a minimum ,tidth of 10 feet and Ihe•side yard along the front of the buildir.g shall have a minimum width of 15 feet. , F. Rear Yard 1. There shall be a rear yard of not less than 20% of the depth of the lot but such yard need not exceed 20 feet. SE m w 6. (R -j) HIGH DENSI7Y RESIDENCE DISTRICT REGti!.ATIONS A. .Uses Permitted 1. Any use permitted in the R-2 district. •,2. k;ultiplc-family dvrellinys. - -- -- __-- - . �. Boarding house. • 1;. Required off-street parking (See SECTION 14-) • 5. Accessory buildings and uses. B, Building Height L mit 1. The ro ximum building height shall be Iwo and one-half stories but shall not exceed 35 feet. C. Lot Arca ,... 1. The ninindm lot area shall be 6000 squ3rc feet and The minimum lot width shall be GO feet. 2. The mir im,um lot area for dviei Pings shat) ba: o a.- For a ono -family dwelling - 6000 square feet per c;welling unit. ' b. for a Iwo-farm I dual l ing - ''1COO square feet per dual I in, ani i. CO For o multiple-family d+selling with three or four duelling units - 2000 Square feet per duelling unit. d. For a multiple-faraily dwelling with five, six or seven duelling I units -• 1500 square feet per duelling unit. ." e. For u multiple-family dwelOng with eight or more duelling units - . 1.000 square feet per dwelling unit. D. Front Yard 1. There shall be a'front yard of not less than 20 feet, E. Side Yard 1. There shalt be a side yard of not less than 10 of the width of the � tot but such side yard need not exceed 15 feet. The ninimur, side : yard on the street side of a corner lot shall be 10 feet, 2. The follaaing additional requircu;ents shall apply to trio-family And cultiple-family dwellings: : it. In case the building is so located on the lot that the rear thereof abuts one silo yard and froni abuts the other, the side yard along the rear of the building shall have a minir.-,vm width of 10 feet-and the side yard along the front of the building shall hove a min1mum width of 15 feet. b.' For multiple-family dwellings the mininum side yards required i shall be increased one foot for each d::elling unit over four. ' F. Rear Yard I.' There shall be a rear yard of not less than 2Cf.' of the depth o: the lot but such yard need not exceed 20 feet. 11 QV {C-N i !. I G: POR GGJ CO;:i.iL^nC I.AL DISTRICT REGULATIONS R. Uses Permit fed 1. Any use permitted in the R-j district. s • 2. Y Bakery shop, candy or ice cream store or delicatessen. . T �. Bank, 4. Barber or beauty shop. §. Business and bill paying service, stock broker, detective Cgency. � -real estate and insurance office, escrow and land title business. 6. Cafe or restaurant. 7. C 3fhing, dre;.s, r.i t l inc:ry, or Lhoc - r • F September 3, 1974 Mr. Ron Malston Box 3771 Kenai, Alaska 99611 Dear Ron: I will be leaving the City of Kenai and therefore will have to resign my seat as Commissioner with the Kenai Planning Zoning Commission. I have enjoyed serving on the Commission and have gained much knowledge through serving. Sincerely, Al Cruver September 4, 1974 Sam Best Borough Planner Kenai Peninsula Borough Box 850, Soldotna, Alaska 99669 Dear Sam: Al Cruver, subdivider of City Park Subdivision returned his property plat to his surveyor Stanley McLane. The plat was revised to show only a single lot and the remainder of the Government Lot is shown as unsubdivided. The other recommendations of the Kenai Planning & Zoning Commission were followed in the plat revision. The Kenai Planning & Zoning members were polled and have concurred with the revised plat. Those concurring: A. L. Hudson, Nets Kielstad, Ruby Coyle, Jon Nelson and Ron kkialston. Sinc*relYO, ---- - - Ron MalSton Chairman Kenai Planning & Zoning Commission Box_ 466, Kenai, Alaska 13 September 1974 Mayor C ty of Kenai Dear Mr. Mayor, Waldo and I are taking; a trip to south 48 for five mont'-,s. Due to this long period and not being availabe to attend planning commission, I feel it is in the best interest of Planning Commission, and the City of Kenai for me to resign as a member of Planning Commission. I have truly enjoyed serving for these many years and will be available again if my services are needed. If it would not be asking too much I would appreciate getting a copy of planning commission and City Council minutes in the future. Sincerely, Ruby CoyI/e Copy for Planning Commission enclosed. KENAI PENINSULA BOROUGH . Box 850 Phone 262-4441 - SOLDOTNIA, AL..ASKA 99669 STAN TNOMPSON September 17, 1974 MAYOR M E M O R A N D U M TO: Mayors of Kenai, Seward, Homer, Soldotna, Seldovia, and Kachemak City FROM: Stanley F. Thompson, Mayor, Kenai Peninsula Borough SUBJECT: Zoning Your attention is directed to the attached memorandum dated May 28, 1974, (included in assembly packet for June 9, 1974) from Borough Attorney Ben Delahay which indicates that at present the cities of Kenai and Seward have no enforceable zoning ordinance. Any action which is taken by the assembly, however, may affect all cities of the borough. As I.see it, there are four possible alternative actions the Borough Assembly can take: 1. Take no action (which the administration will interpret as intent of assembly not to attempt to enforce any zoning in Kenai and Seward). 2. Repeal any zoning which may now be in effect. 3. By Borough Ordinance, adopt the existing ordinances of the cities of Kenai and Seward. 4. Any of the above choices could be combined with ___ a request to the administration to provide basic overall guidelines and staff assistance to those areas or cities wishing to write, or rewrite, new ordinances for review and public hearing by the Kenai Peninsula Borough Planning Co mission and Assembly. Any of these choices by the assembly will have serious effects. I'm not going to detail these effects because I'm sure each of you can visualize as many economic and political problems with each of these alternatives as I can. 1 Memo - Zoning September 17, 1974 Page 2 I personally favor Number 2; however, 'should the assembly choose Numbers 3 or 4, 1 would take a very firm stand on two provisions being included in any Zoning Ordinance:, 1. That as much of the enforcement and administration as can be- allowed by law be handled by the cities.,�,ej 2. That no Zoning Ordinance be effective until it had been approved by the voters governed by that ordi-AItrAJyd/.Vt,. nance.- Please review and discuss the aspects of these two memoranda with your constituents, council, assemblymen, and Planning Commission. I would also suggest that a collective informal meeting might be in order to discuss the aspects involved between the various cities and the borough. Naturally; Mr. Delahay, Mr. Best, and myself are available to help arrange such a meeting and/or discuss this with you at any time; however, the initiative for further action lies with you. cc: Each Kenai Peninsula Borough planning Commissioner Each Kenai Peninsula Borough Assemblyman Ben Delahay G. S. Best KENAI PENINSULA BOROUGH Box 850 Phone 262-4441 SOLDOTNA, ALASKA 99669 STAN THOMPSON MAYOR MEMORANDUM To: Honorable Mayor, Members of Assembly and Members of the Planning Commission of the Kenai Peninsula Borough From: Ben T. Delahay, Borough Attorney Re: Passage of Adequate Legislation on Zoning to Enact an Enforceable Zoning Ordinance, to Provide Clarification, and to Avoid Confusion and Multiplicity of Ordinance Provisions in the New Codification of Ordinances. Date: May 28, 1974 Because of the progress in preparation of recodification of the ordinances of the Kenai Peninsula Borough under contract with Book Publishing Company, I believe that it is necessary at this time to bring to your attention the rather deplorable state of our zoning ordinances. First, I would point out that our contract for recodification and for 100 copies of the code has an estimated contract price of $3,620.00 based on 200 pages in the code, but that the charge for more than 200 pages would be at $10.00 per page. I would also point out that the Homer zoning ordinance (adopted by the borough as Ordinance No. 33) con- sists of 35 pages, the Soldotna ordinance (adopted by the borough as Ordinance No. 34 and purporting to adopt by reference the Homer ordi- nance with necessary modifications to refer to Soldotna) consists of 2 pages, and the Seward ordinance of 1962 and the Kenai ordinance of 1964 (purportedly adopted by reference in Section 20.10.10 of Ordinance No. 15) consist of 45 pages and 75 pages respectively. If all of these ordinances are properly adopted and placed in the neer. code they would total a minimum of 157 pages (and if the Soldotna ordinance were spelled out it would raise the total to 190 pages) which at a cost of $10.00 per page would total $1,570.00. -(or $1,900.00) in addition to all of the pages required for general ordinances of the borough. There are more important questions, however, than this increased and unnecessary expense which is a relatively minor mount with respect to the borough budget. Primarily, examination of the statutes with respect to adoption of ordinances leads me to the opinion- that the Hon. Mayor, Members of Assembly and Planning Commission May 28, 1974 Page 2 - Kenai and Seward zoning ordinances have never been properly adopted by the borough and that therefore no zoning ordinance exists in those areas which would be enforceable. Thus, if the recent gravel pit fiasco had actually been brought into court for enforcement, I doubt if there would have been found any ordinance to be enforced. While the Soldotna zoning was enacted as Ordinance No. 34 by the borough, the method of adoption by reference is such that I am somewhat dubious as to .the result if an attack is made upon it. I am informed that the City of Kenai, since the adoption of the Borough Ordinance No. 15 on April 19, 1966, has revised their zoning code without getting the revision enacted by the borough assembly. Evidently the city is acting without any consideration of the restriction originally placed in AS 07.15.310 and now contained in AS 29.33.010(b) that no city may exercise an areawide power once that power is being exercised by a borough. While there was a provision in old Title 07.20.120 (in effect at the time of adoption of Ordinance No. 15 by the borough) which provided that the assembly might "adopt any standard published code of technical regulations in a single ordinance .. ." , it is my interpretation that by "technical regulations" the statutes had in mind such codes as plumbing codes, electrical codes, building codes, etc., --such technical regulations should not be confused with legislative provisions such as zoning ordinances. Like provisions are now contained in AS 29.48.170 where an assembly may in a single ordinance "adopt or amend by reference provisions of a standard published code of regulations." Whether or not the zoning laws of Kenai and Seward could be included as "technical regulations" and would meet the criteria of being "standard published codes", I doubt that the proper procedures were used for adoption from a reading of Ordinance No. 15 of the borough. Just as important is the confusion that would exist in the case of a property owner having property in two, three or four cities, in which he would have to meet various criteria as to the zoning areas, set backs, side yards, building heights, and other provisions of the zoning code. For example I am attaching hereto that portion of the Kenai, Seward, -- - and Homer and Soldotna codes relative to residential construction. A careful comparison of these codes will reveal that although they are very similiar there are differences between, the three codes as to whether one family, two family and -multiple family dwellings are included in the same area, what can be included in a residential area besides residences, the distance of set backs and side yards, and other such matters. A careful examination, however, will show that although there are a multitude of such differences, they are of relatively minor significance --for instance one ordinance has a minimum lot area of _ 7200 square feet with minimum width of 60 feet, another has a minimum Hon. Mayor, Members of Assembly and Planning Commission May 28, 1974 Page 3 - area of 6,000 square feet with a minimum width of 60 feet and a third has a minimum area of 6,750 square feet with a minimum width of 50 feet. Are these differences so significant and important that they cannot be compromised and one minimum area and width of lot for a single family residence be set that would be applicable throughout all areas in the borough where it is desired to impose zoning restrictions rather than leaving them open in the rural district? I would observe that there is also here a constitutional question as to equality of treatment where one governing body, the Kenai Peninsula Borough, enacts zoning laws in which a resident in one area has to meet different criteria than a resident of another area under similar conditions. In addition, the confusion of operating in various such areas and the length of the code that would be required would indicate that since the borough is now ten years old, it is time that it required some reasonable cooperation between its various cities if they desired to have some sort of home rule in this area rather than having the borough impose a standard upon them all. I would recommend that the borough assembly encourage the members of the borough planning commission from the cities desiring zoning to work together with the remaining members and the Borough Planning -Director to come to grips with the various problems and to work out a general code that would be applicable throughout the borough. If any of the members fail to cooperate, I would assume that the fewer members in the group, the more efficiently the group could operate. I am well aware that the desire of the borough, and of the various cities within the borough, is to avoid the "great white father" image of the borough enforcing its dictates upon the communities, how- ever, enactment of general provisions which would be controlling through- out the borough would not prevent the assembly giving a great deal of weight to the wishes of local authorities as to whether a particular block or area should be zoned as Residential 2 or Business 1 or what- ever the local body desired. While you cannot constitutionally delegate your legislative powers, there is no reason that you cannot give a great deal of weight to local desires as expressed by local bodies so long as no protests are raised which would show injustice, or inequality of application of the laws, so as to raise constitutional questions. If any such action is to be accomplished in time to get a reasonable general zoning ordinance included in the new codification of ordinances, then action must be accelerated at once as a great deal of work is necessitated in working out the details of such an ordinance, Hon. Mayor, Members of Assembly and Planning Commission May 28, 1974 Page 4 - and then the ordinance itself would have to be passed before the closing date of September 1,- 1974, which has been set for the new codification. I realize that where we have highly independent areas and many who do not wish any zoning at all that this is a hard nut to crack, but the kernel of the matter is that if we are to have a zoning ordinance at all, it must be constitutional, it must be properly legislated, and it must be enforceable --otherwise it cannot be enforced and is entirely worthless. It then becomes a drag and a hindrance to those who are law abiding and attempt to comply while it present$ no hindrance at all to those who will not comply with any law unless it can be enforced. I invite your earnest attention to this matter in spite of the fact that it may be a disagreeable subject to you. Respectfully submitted, Ben T. Delahay Borough Attorney BTD /tb Attachment QRD11NANCE. NO 56 293 Section 4 RESIDENTIAL (R) ZONES A. Uses Permitted. 1. One -family, two-family, and multiple -family dwellings. 2. Boarding houses. 3. Truck gardening, the raising ofbushand tree crops, flower gardening, and the use of green houses. 4.' Home occupations. 5. Accessory, buildings and uses not used or operated for gain. 6. Churches, provided that no part of any building be located nearer than 30 feet to any adjoining lot or street line. 7. Required off-street parking. B. Building Height Limit. 1. No limit except where limited by City Airfield Regulations. C. Lot Area. 1. The minimum lot area shall be 7200 square feet and the minimum lot width shall be 60 feet. 2. The minimum lot area for dwellings shall be: a. For a one -family dwelling 7200 square feet per dwelling unit. b. For a two-family dwelling 3600 square feet per dwelling unit. ORDINVICE 140. 56 -'294 c. For a multiple -family dwelling with three or four dwelling units - 2400 square feet per dwelling unit. d. For a multiple -family dwelling with five, six, or seven dwelling units - 2000 square feet per dwell- ing unit. - e. For a multi ple-faraily dwelling with eight or more . dwelling units - 1600 square feet per dwelling unit. D. Front Yard. 1. There shall be a front yard of not less than 25 feet, but in no case shall a building be constructed within 150 feet of the centerline o-- a State highway on the L Federal Aid SyOtem or 53 feet from the centerline of a City street, E. Side Yard. There shall be a side yard of not less than 10 per cent of the width o -f the lot but such side yard need not exceed 25 feet. The minimiuml side ya-Yrd on the street side of a corner lot shall be an equal set L# 'L back distance as required on a side street. 2. The following additional requirements shall apply to two-family and multiple -family dwellings: a. In case the building is sp located on the lest that the rear thereof abuts one side yard and front abuts the other, the side yard along the rear of the building shall have a minimum width of 12 feet and the side yard along the front of the building shall have a minimum, width of 18 feet. bo- For multiple -family dwellings the minimum side* yards required shall be increased one foot for each dwelling unit over four. F. Rear Yard. 1. There shall be a rear yard of not less than 25 per cent of the depth of the lot but such yard need not ..exceed 25 feet. t:i�lr >:s of l�rani l:� provi.t':•d for in this chapter, the following regula- tion!: shall apply to each of the said three use districts: (h) k-Distri.: ts, Ki.-Si<<•nti.al: (1) Uses p= r-nit-tcd: A. Gne-fai-Aly and two-family d-vell iw,s. i;. Nu1tii.lcC.:elli::ZIs. C.* Schools, both publ.i.c and private. D. public p.:r:cs and playgrounds, including public buildin-s accessory thereto, and other municipal recreational uses. E. Horne occupation. F. The raising o; vegetables, berry and fruit crops, but not including any sales rooms or buildings used primarily for the sale thereof. G. Public libraries, both public and private museums or art galleries. H. Churches X. J!edical clinics and professio..al. offices. J. The following buildings or uses, if no portion of the struc- ture contai.nin- such use shall be less than 15 feet from any adjacent residential lot: L' Public .or private nurseries, kindergartens, chil- dren's boarding homes, orphanages. Li. Public parking areas, provided a sightly fence or hedge is provided and maintained within the side building line. iii. Other public buildi.nr,�. or properties of a charter not custo:warily conducted as a gainful business. do a ; inclu.'e any u:;o co:::: -,only con.. .ted for fain. L. 11:r folle.:it:;; buildis:.:�s or uses, if located 100 or r.1111re fct:t frena an)' adjoiiu.az p,caiSC5 in any. P.. Use District: i. Private clubs operated for the benefit of the r.:emb or s . ii. Hospitals; sanitariums; nursing, rest or convalescent homes; not primarily for contagious diseases nor for the care of druc, addicts or alcoholics, nor for the care of the insane or feeble-minded. iii. Police stations; fire stations. M. Height regulations: i. Tc -?o and one-half stories, but not to exceed 35 feet in height for one or two family dwellings. ii. Not to exceed 80 feet .in height for multiple- family ultiple-family dvel l Ings K. Required lot area: i. One and two-family dwellings - each such dwelling shall be located on a lot not less than 6,750 square feet- in area and not less than 50 feet iaidt-h. ii. Multiple-faiaily dwellings - each such building shall be located on a lot providing the following minimum z arca per duelling unit, according to number of stories in building. (17) I,w—bor of St rrn.� . I.ot Aroa nor M:,A lies- j 1,000 .•q. J:i�,t 2 900 sq. foot 3-6 700 sq. feet but no lot siVnl l t,c less then 6,750 square feet in area and not less than 50 feet in width. iii. -Otho-.r per=itted uses and buildic- - each such -building shall. be located on a let not less than 6,750 square feet in arca and not less than 50 feet in width. 0. Building Area Rc ulati.ons i. One and two-family dwellings: all buildin-s includirc- accessory buildings shall not cover more than 50;0 .(fifty per cert) of the lot ii. p,ultiple-family dwellings: all buildings, including accessory buildings, shall not cover more than 65% (sixty-five per cent) of the lot. P.' Yard Regulations: Minimum i. One and two family dwellings Front yard depth: 20 feet- Side yard width: 5 feet on each side of a building provided vhcre a side yard fronts on a side street-, the width of that yard shall not be less than 10 feet, and provided further, that no part of any Church or School shall be within 20*fect of any adjoining re,,idc•nt.ial lot. Rear Yard -Depth: 10 feet. Ji. riultiple-fimily dwellings: Front yard cepth: 10 foot Side yard vi.dth: each shall be one-fourth the height of the: buildin;,, but not lc;:c than 5 feet i 12 I 0 V each, but in event v-livre a side yard fronts on a side stroot sh111 the. width of that yard be less than 10 feet, ird no part of any Church or School shall be within 20 feet of any adjoining lot. .Rear yard depth: one-third of the height of the builUin- but not less than 10 feet. C -Districts , co-.-_--.-CrciaI: (1) Uses Permitted: A. All uses permitted in R Districts. B, Stores,, shops and offices for the conducting of any retail, wholesale, professional, commercial or govern- mental business. C. Theaters, bowling alleys, pool parlors, restaurants, cocktail bars), dancing establishments and other places of amusement, recreation or assembly. D. Hotels, private clubs, fire and police stations. E. Trailer courts and motels. F. Private educational institutions. G. Service stations, public garages, sales rooms and shops for repair of motor vehicles and boats and other engines and appurtenances, providectthat repair of automobiles and boats can be conducted wholly within the bttildincg. 11. Neuspaper and printing establishments. I. Cleaning and laundry establishments using non -explosive and cleaning fluids. LZ wrl 0&DI1ZA2;^.w \0. 314 ZO:Iliw 0z111:=2 0. jitE CIV 0, SM;"M RD 1•'1 T� '' boll b A. 1•ao.%zn;srce s c,zryo*.:a ctd r•.ay .lie cited at; the "Zoninu Ord•Ircrcc of .. i the City of Sc;:ard". Sf:Cr_*.3:: 2. US," MS r1C^S f•';7 Ana A. live City of Scwcrd i- hcraby divided into the folloving use diatrictc: R-1 0-ae Family Recidence District R-2 Two Fcm;ly Recidence District R-3 Multi -family Rer"dortlal District C -N Neil;bor%cod Ccs erc_cl District . C -T, Lfri:ted Cc--=erc•_cl District C -G y ' General 06=.-w: clai District X industrial District • P Public Use District D.' The use districts are boitadod and defined as chmm on a nap entitled, "Zoning Di:p of the Catty ok Seward", a cerV.14ed copy of vhich is on t'i`le In the o...._ce of the City Merl-, 2 a: .1;� rd �ch, with .1 e1. -tor':tar - thereon, Is herebyreby —de—de2 p rt of this- arQ°slic�s cew (S!::'-;.ri.C=.�.0i1 .22,.22, E=37) SECTTOY 3. APPLZC`TM! , A. Xt shall be unLauful for eny person to erect, construct, establisb, alLcr, add to or cnlwrEe; or to cause or permit to be ereeted, constz eted, established, altered or czvlarged; or to use, occupy or permit to be zzsed ! or occc.;>ied, any land, building or pre=:Ises for =y purpose ar in :.ny ' mazer contrary'to the provisions of this ordinance as to uses permitted 4 or excluded, building height limit or lot area, open spaces around or ! between buildings or building sctbsc?cs required in the particular use district in which such land, building or premises is located. SECT 0a 6. (r.--1) 2.01 DZINSITl ];iS=�}�?-�uE D?•.;<:."MT R2^i3 ATIO S ! 1, One -f a:aily duallinyz. 2. Truez. garCcnin ;, t1he raini. ^ of bu;h cud trre crops; flomr gEras.airg and the use of greenhouses uhan incidental -to the rC«idcntial vac^ of r property and not for eoz=reial Purposes. 30 home occupations, 14. Accessory buildings and uses not used or operated for gain and not including guest houses or accessory living quarters. The parking of heavy equipment such as buses, tractors, graders or trucks shall not be considered as an accessory use. Churches, provided that no part of any such building be located nearer than 20 feet to any adjoining lot or street lire. 6. Required off-street parking (See SECTION'14.) S. 'Suildinc F:3i5ht limit 1. The maximum building height shall be one and one-half stories but shall not exceed 25 feet. ' C. Lot Area 1.. The nininum lot area for. each ane- family dacIIing shall be 6000 ;quare feet and the minimu.^i lot width shall be 60 feet. D. Front Yerd 1. There shall be a front yard of not less than 25 feet. E. • •Side Yard ; 1. There shall be a side yard of not less than IG% of the width of the lot but such side yard need not exceed 20 feet. The minimum • side yard on the street side of a corner lot shall be 10 feet. ~ F. Rear Yard _ 1. There shall be a rear yard of not less than 201. of the depth of the. lot but such reer yard need not exceed 20 feet. SECTION 5. (R-2) MEDIUM DENSITY RESIDENCE DISTRICT REGULATIONS • A. Uses Perm;tted 1. Any use permitted,in the R -I district. 2. Trio -family WereI11ngs. - 3- Required off-street parking (See SECTION IIS..) �. Accessory'buiIdings .and uses as sot forth. in SECTION 4.A. B. Building Hoirht Limit .. 1. The maximum building height shall be two stories but .hall not exceed 30 feet. . t C. Lot Area I. The minimum lot.zrea shall he 6000 square feet and the mini^um lot width shall be 60 feet. D. Front Yard i. There shall be a front yard,of not less than 25 feet. E. Side Yard 1. There shall be a side yard of not less than IGF of the width of the lot but such sideY and need not exceed 20 feet. The minimus, side yard on the street side of a corner lot shall be 10 feet. 2. The following additional requirements shalt apply to two-fcsily dwellings: a a. In case the building is so located on the lot that the reGr thereof abuts one side yard.and front abuts the other, the side yard along the rear of the building shall have a minimum :vidth of 10 feet and the -side yard along the front of the building shall have a minimum width of 15 feet. F. Rear Yard r 1. There shall be a rear yard of not less than 20% of the depth of the lot but such yard need not exceed 20 feet. SECTIOV 6. (R-3) PIGH UENS17Y RESiDc-NCE DISTRICT REGULATIONS A. '.Uses Permitted I.. Any use permitted in the R-2 district. Multiple -family dwellings. .. Boardinghouse. i )�. Required off-street parking (See SECTION 14.) §. Accessory buildings and uses. . 8. Building HeiGht Limit 1. The troximum building height shall be tco and one-half stories but shall not exceed 35 feet. C. Lot Arca 1. The minimum lot ,area shall be 6000 square ieet and the minimum loft width shall be 60 feet. c^. The minimum lot area for dwellings shall be; a. For a ono -family dwelling - 6000 square icet per dwelling unit. b. For a two- family dweIiirg - 3CAO square fcet per dwoIiin,,, uniI. C. For a multiple-femily dwelling with three or four dwelling units - 2000 square feet per dwelling unit. . ' d. For a multiple-farii ly dwelling with five, six or seven dwelling units - 1500 square feet per dwelling unit. • e. For a multiple -family dwelling with eight or more dwelling units - 1000 square feet per dwelling unit. D. Front Yard 1. There shall be a'front yard of not less -than 20 feet. E. Side Yard 1. - There shall be a side yard of not less than IC/ of the width of the ' lot but such side yard need not exceed 15 feet. The minimum side yard on the street side of a corner lot shall be 10 feet, 2. The following additional requireraents shall apply to two-far.,ily } and multiple-fa,-.ri I dwei i ings: a. In case the building is so located on.the lot that the rear thereof abuts one side yard and front abuts the other, the ' side yard along the rear of the building shall have a minimum width of 10 feet and the side yard along the front of the building shall have a minimum width of 15 feet. b.' For multiple -family dwellings the minimum side yards requir ed shall be increased one foot for each dwelling unit over four. F. Rear Yard -'here shall be a rear yard of not less than 20j. of the depth of the, lot but such yard need not exceed 20 feet. - 'SECT -10-v7. (C -N) AcIG nORXOCD CO,::.iERC'IAL DISTRICT REGULATIONS A. Uses Permitted 1. Any use permitted in the R-3 district. 2. Bakery shop, candy or ice cream store or delicatessen. , 3. Bank. 4. Barber or. beauty shop. §. Business and bill paying service, stock broker, detective agency, real estate and insurance office, escrow and land title business. 6. Cafe or rest4urant. 7. Clothing, dre.,s, millinery, or uhuc store. KENAI AIR ERICE,INCO =4,-yf4Lnq in gtyi-g, c4nya,", c4ayft," OFFICES VERNON L. "BUD" LOFSTEDT President VERN LOFSTEDT, JR. Vice -President Planning Commission City of Kenai Box 580 Kenai, Alaska 99611 Dear Sir: ALASKA — P. O. BOX 3921 - KENAI, ALASKA 99611 - PHONE 283-7561 HAWAII — MAKAHA SHORES, WAIANAE, HAWAII * PHONE 696-2194 September 18, 1974 Enclosed plans are of the small add-on we plan to make on our present hangar structure. The add-on is necessary to accomodAte the extra height of some of our new equipment. We will, when circumstances, financing and timing are correct, build a major facility in the airport area to add to Kenai's capability and service. We appreciate your patience and understanding during our, growth period. Sincerely, Vernon 'Bud" ofstedt President VLL/dkl 4 .s7�Ct 7 1 � � /^ Gt�ss��- 9-12-14 rf `• � � � (i i � I � j � of 3 -GU'S SL S RIGID CONSTRUCTION f 1r � ALI F i'1 WORK - NO 1 � 2x 1 Z" + A ''PLY, GUSSETS NO.k STR11CTURgL = CONST. Gkt?D COVER 1/2' PLY + w I I! HANGER- .o'w 5a' li OR - 12 _ - - - � r - ---- GROUND LEUEL ------ __ __ �::�_ I • e c = 2 .1.3 `i 4ic '� S L� 4 L o T -S T F D KAS S H 9-,c I - 2 C7-12 -74 1-0 EX I STIP4G.- , fz--�UILOINC� No OVER HE -AD )-I&,HT fj'o wr 8£A. -3 WIRC /rtq S.G. OU'rt E7-- 6 £A• 20A Se 9 City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Gentlemen: Cherrier & Cherrier 124 East 3rd Avenue Anchorage, Alaska 99501 September 19, 1974 Ph: 272-6576 Please find enclosed three applications for the lease of Lots 2, 3 & 4 in Block 1 of the Cook Inlet Industrial Air Park, Kenai, Alaska. Accord ing_tq_,,youv° documents, this ground has an annual lease rate of.,eeL50 er sq. #4 or $337.50 per year per lot. This rate is'accepta ao us. Please draft the necessary lease documents for our signature. We are also enclosing our check in the amount of $150.00 ($50.00 per lot) as escrow money to hold these lots until the City prepares the leases. If you have any questions, regarding our application, please call or write. Very truly yours, CHERRIER & CHERRIER )OV CHERRIER AND CHERRIER 7200 CHERRIEWS APARTMENTS 124 E. 3RD AVENUE 272-3147 ANCHORAGE, ALASKA 99501 T252 PAY TO City of Kenai ORDE THER P. 0. Box 580 OF Kenai, Alaska 99611 NATIONABANK. OF AEASICAANCHORAGE 1: 12 S 2-000 SI: 11102191 1111 DATE AMOUNT 9/19/74 150.00 CHERRIER AND CHERRIER DETACH AND RETAIN THIS STATEMENT CHERRIER AND CHERRIER THE ATTACHED CHECK 15 IN PAYMENT OF ITEMS DESCRIBED BELOW. CHERRIERIS APARTMENTS IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. ANCHORAGE, ALASKA DATE D E 9 C R I P T 1 0 N AMOUNT Escrow Money (50.00 per lot) Lots 2, 3 & 4 Block 1 Cook Inlet Industrial Air Park EMPLOYEF Lease IS A A M I IN a S i 0 V 0 U C T 1 0 N 5 PERIOD TOTAL L AMOUNT OVERTIME SSOCIAT WITHHOLDING STATE ECUR I, NOI N G "OURS RATE EARNED AT ARNING REGULAR AND OTHER ' Y U. S. INC. TAX INCOME TAX RATE TAX V-0 9 DISTRIBUTIONS ACCT. NO. AMOUNT 150.00 TOTAL NET PAY or L DUCTIONS CITY OF KENAI P. 0. 0= S%Z',O - iZZNA1, ALASM • PHONE 2a3-7535 Lease Application # pg 1 of 2 Name of Applicant Dean Cherrier Address 2070 Forest Park Drive - Anchorage, Alaska 99503 Business Name and Address Dean Cherrier - 2070 Forest Park Drive Anchorage, Alaska 99503 Kenai Peninsula Borough Sales Tax No. None - State Business License No. None Pnone 272-6576 (check one) X Lease Lot Description Lot 2 - Block 1 - Cook Inlet Industrial Air Park - Kenai, Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Permit Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date. 9/17/74 Signed of - Dean Cherrier I . .5,'eaa ic N CITY OF KENAI P. 0. BOX 580 - E2NAI, ALASKA - PHONE 28.3-7535 Lease Application # pg 1 of 2 Name of Applicant R. J. Cherrier & Wayne J. & Cherrier DBA/Cherrier & Cherrier Address 124 East Third Avenue Business NamL.' and Address Cherrier & Merrier - 124 East 3rd Avenue - Anchorage. Alaska 99501 Kenai Peninsi,.la Borough Saies Tax No. 3101394 State Business.LicenseNo. 74-02615 Pnone 272-6576 Lot Description Lot 3 - Block 1 - Cook Inlet Industrial Air Park - Kenai. Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse (check one) X Lease Permit Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 601 X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date A/26/74 Signe J. hirrier, Partner' . .. k . .. _ .. w ._... �. . CITY OF KENAI P. O. BOX S80 - 10NA1, ALASKA - PHONE 233-7535 Lease Application # pg 1 of 2 Name of Applicant R. J. Cherrier & Wayne J. Cherrier DBA/Cherrier & Cherrier Address 124 East Third Avenue Business Name and Address Cherrier & Cherrier - 124 East 3rd Avenue - Anchorage, Alaska 99501 Kenai Peninsula Borough Sales Tax No. 3101394 State Business License No. 74-02615 Pnone 272-6576 (check one) X Lease Permit Lot Description Lot 4 - Block 1 - Cook Inlet Industrial Air Park - Kenai, Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 601 X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date 8/26/74 Signed, Wa_Cheriier, Partner x f /r7 .J T r , ,' '4� � � � t„ ,cr . �- • i �. � 1 f ` •' � • � _ .� i4 �, 't, J i t � •. � l �{flTUrPA` `, •• �t ,�novNp 4'`,JGfR �/, �., ;�- _ �� - - .':' c7 oti' ?"i"l r"'"T Tri-. � � }TH' / ^' � � - —� -- ..: , . i ...�G1 fT, . � __ KENAI PENINSULA BOROUGH SOLDOTRA, ALASKA 99669 262-4441 NOTICE OF PLANNING COMMISSION ACTION MEETING HELD: q- � '.Z� - /) 4 NOTICE TO: L7 SURVEYOR L7 SUBDIVIDER CITY OF: L-7 HOMER /0 KENAI L7 SELDOVIA L7 SEWARD L-7 SOLDOTNA Enclosed is a copy of the Kenai Peninsula Borough Planning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELIMINARY PLAT HAS BEE'11: L-7 Approved, the subdivider may proceed with preparation of the final plat in accordance with the Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the provisions listed in the attached minutes. The subdivider may proceed with the preparation of the final plat in accordance with these listed provisions and in accordance with Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met and the preliminary plat reviewed by the commission before proceeding with preparation of the final plat. I L7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. THE FINAL OR PRELIMINARY/FINAL PLAT HAS BEEN: L-7 Approved, the subdivider should now obtain all needed signatures on the original plat and two (2) 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 containing the recorded data will be forwarded to the subdivider upon completion. Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met prior to the record- ing of the plat. L7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE, (PLANNING DEPARTMENT, MR. G. S. BEST). KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 5 SEPTEMBPR 33, 1974 Gilbertson Subdivision was recorded in the Kenai Recording District April 4, 1974, following planning commission approval on January 21, 1974. The letter, on file from the subdivider's representative, was read. The planning staff had reviewed the plat and recommended preliminary/final approval subject to: 1. Utility easements as requested by HEA being shown. 2. The recommendations of the City of Kenai. 3, Re-lable Lots 1 & 2 to "Lots 5 & 7" accordingly. 4, Check the bearing for 25th Avenue NW as per original plat of Gilbertson Subdivision. Commissioners Suszka/Bines moved to approve the plat subject to the staff's recommendations, The motion was unanimous. 7. P7ayne Fellers Subdivision 1970 Addition (Survey Exception Request) This request is located on Kalifonsky Beach Road approximately one and one-half miles from the Sterling Highway junction in the Kasilof area. The letter of request, which is on file, was read. The planning staff had reviewed the request and recommended the survey exception be granted subject to a final plat being prepared by an Alaskan Registered Land Surveyor and approved by the planning commission. Commissioners Suszka/Bines moved to approve the survey exception request subject to tho staff's recommendations. The motion carried unanimously. 8. Fisherman's Point Subdivision (preliminary/Final) Located within the City of Kenai, this subdivision is approx- imately two and one-half miles from the west junction of Beaver Loop Road and the Kenai Spur Road between the Kenai River and Beaver Loop Road. The letter, on -file from the subdivider, was read. The planning staff had reviewed the plat and recommended the 3:1 lot depth to width ratio exception bo granted duc to topography and preliminary/final approval granted subject to: I. Utility easements as requested by FFA being shorn. 2. The recommendations of the City of. Kenai_. 3. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal Regulations. Mr. Best noted a letter had been received from the Alaska Department of Environmental Conservation waiving the sub- mission of engineering data for this subdivision. Commissioners Suszka/Hines moved to approve the plat subject to the staff's recommendations and to grant the 3:1 lot depth to width ratio exception. The motion carried unani- mously. 9. Anglers Acres Subdivision (Preliminary) Located within the City of Kenai., this subdivision is a_T)prox- imately two miles from the east junction of Beaver Loon .Road KENAI PENINSULA BOROUGH SOLDOTNA, ALASKA 99669 262-4441 NOTICE OF PLAN , I NING COMMISSION ACTION MEETING HELD: 9 - � ';3 - 9-'/ NOTICE TO: L7 SURVEYOR L-7 SUBDIVIDER CITY 9F: L-7 HOMER 0 KENAI L-7 SELDOVIA L-7 SEWARD L7 SOLDOTNA Enclosed is a copy of the Kenai Peninsula Borough Planning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELIMINARY PLAT HAS BEE'11: L-7 Approved, the subdivider may proceed with preparation of the final plat in accordance with the Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the provisions listed in the attached minutes. The subdivider may proceed with the preparation of the final plat in accordance with these listed provisions and in accordance with Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met and the preliminary plat reviewed by the commission before proceeding with preparation of the final plat. L-7 Disapproved for the reasons listed in the attached minutes. Z7 Tabled for the reasons listed in the attached minutes. THE FINAL OR PRELIMINARY/FINAL PLAT HAS BEEN: L-7 Approved, the subdivider should now obtain all needed signatures on the original plat and two (2) 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 containing the recorded data will be forwarded to the subdivider upon completion. L-7 Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met prior to the record- ing of the plat. L(7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE, (PLANNING DEPARTMENT, MR. G. S. BEST). KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 4 SEPTEMBER 23, 1974 10. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Mr. Best advised the commission he had talked with the engineering firm and was advised they had taken soil samples and would be submitting these to the Alaska Department of. Environmental Conservation. It does appear that the soil can support individual wells and septic tanks. Commissioners Suszka/Hines moved to approve the preliminary plat subject to the staff's recommendations. The motion was unanimously approved. 4. Blazy Subdivision Resubdivision of Lot 1 Block 1 (Preliminary/Final) Located within the City of Soldotna, this subdivision is on the south side of Redoubt Avenue between Henrichs Street and Leibrock Street. Blazy Subdivision received preliminary approval June 18, 1973, final approval July 23, 1973 and was recorded in the Kenai Recording District, August 31, 1973. The letter on file from the subdivider, was read. The planning staff had reviewed the plat and recommended preliminary/final approval subject to: 1. Legal description being corrected, i.e., "North 133 feet of E12�NWINE, Section 32, TSN, RlOW, S.M., Alaska. 2. The recommendations of the City of Soldotna. 3. Correct the drafting error for location of the lot line between .Lots 1-A and 1-B. 4. Check the bearings for Henrichs Street and Leibrock Street as Der the original survey of Blazy Subdivision on June 25-27, 1973. Commissioners Suszka/Amundson moved to approve the plat sub- ject to the staff's recommendations. The motion was unani- mously approved. 5. Panoramic Park Subdivision Replat Lots 35 & 36 (Preliminary/Final) This subdivision is located in the Sterling area., approximately one-quarter mile southeast of the south junction of Robinson Loop Road and Sterling Highway. Panoramic Park Subdivision was recorded in the I{enai Recording District, June 22, 1962. The letter, on file from the subdivider, was read. The planning staff had reviewed the plat and recommended preliminary/final approval subject to the Kenai peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Commissioners Amundson/Suszka moved to approve the plat subject to the staff's recommendation. The motion was unanimous. 6. Gilbertson Subdivision Addition No. 1 (Preliminary/ Final) Located within.the City of Kenai., this subdivision is approx- imately two blocks north of the Kenai Spur Road between 25th 1 Avenue NW (Forest Drive) and 24th Avenue 70 (Togiak Street). J KENAI PENINSULA BOROUGH PLANNING & 'ZONING COM34ISSION MEETING PAGE 5 1 SEPTEMBER 23, 1974 Gilbertson Subdivision was recorded in the Kenai Recording District April 4, 1974, following planning commission approval on January 21, 1974. The letter, on file from the subdivider's representative, was read. The planning staff had reviewed the plat and recommended preliminary/final approval subject to: 1. Utility easements as requested by HEA being shown. 2. The recommendations of the City of Kenai. 3. Re-lable Lots 1 Rz 2 to "Lots 5 & 7" accordingly. 4, Check the bearing for 25th Avenue NPT as per original plat of Gilbertson Subdivision. Commissioners Suszka/Hi.nes moved to approve the plat subject to the staff's recommendations, The motion was unanimous. 7. Wayne Fellers Subdivision 1970 Addition (Survey Exception Request) This request is located on Kalifonsky Beach Road approximately one and one-half miles from the Sterling Highway junction in the Kasilof area, The letter of request, which is on file, was read. The planning staff had reviewed the request and recommended the survey exception be granted subject to a final plat being prepared by an Alaskan Registered Land Surveyor and approved by the -planning commission. Commissioners Suszka/Bines moved to approve the survey exception request subject to the staff's recommendations. The motion carried unanimously, 8. Fisherman's Point Subdivision (Preliminary/Final) Located within the City of Kenai, this subdivision is approx- imately two and one-half miles from the west junction of Beaver Loop Road and the Kenai Spur Road between the Kenai River and Beaver Loop Road. The letter, on file from the subdivider, was read. The planning staff had reviewed the plat and recommended the 3:1 lot depth to width ratio exception be granted due to topography and preliminary/final approval granted subject to: 1, Utility easements as requested by HFA being shown. -- 2, The recommendations of the City of Kenai_. 3. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal Regulations. Mr. Best noted a letter had been received from the Alaska Department of Environmental. Conservation waiving the sub- mission of engineering data for this subdivision. Commissioners Suszka/Hines moved to approve the plat subject to the staff's recommendations and to grant the 3:1 lot depth to width ratio exception. The motion carried unani- mously. 9. Anglers Acres Subdivision (Preliminary) Located within the City of Kenai, this subdivision is approx- imately two miles from the east junction of Beaver Loop Road a MEETING HELD: NOTICE TO: L7 SURVEYOR KENAI PENINSULA BOROUGH P.O. BOX 850 SOLDOTNA, ALASKA 99669 262-4441 JOTICE OF PLANNING COMMISSION ACTION 9 -,-42,3- 9 -9/ L7 SUBDIVIDER CITY OF: /-7 HOMER 4V KENAI L7 SELDOVIA L7 SEWARD L7 SOLDOTNA Enclosed is a copy of the Kenai Peninsula Borough Planning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELIMINARY PLAT HAS BEEN: L7 Approved, the subdivider may proceed with preparation of the final plat in accordance with the Kenai Peninsula Borough Subdivision Ordinance 26. Conditionally approved, subject to the provisions listed in the attached minutes. The subdivider may proceed with the preparation of the final plat in accordance with these listed provisions and in accordance with Kenai Peninsula Borough Subdivision Ordinance 26. L7. Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met and the preliminary plat reviewed by the commission before proceeding with preparation of the final plat. L7 Disapproved for the reasons listed in the attached minutes. 17 Tabled for the reasons listed in the attached minutes. THE FINAL OR PRELIMINARY/FINAL PLAT HAS BEEN: L7 Approved, the subdivider should now obtain all needed signatures on the original plat and two (2) 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 containing the recorded data will be forwarded to the subdivider upon completion. L7 Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met prior to the record- ing of the plat. L7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE, (PLANNING DEPARTMENT, MR. G. S. BEST). KEKAX PIWINSULA BOROUGR PLANNING & ZONING COT,11S,131ON MEETING PAGE 5 SEPTEMBER 9.3, 1974 Gilbertson Subdivigion was recorded in the Kenai Recording District April 4, 1974, following planning commission approval on January 21, 1974. The letter, on file from the subdivider's representative, was read. The pl.anning staff had reviewed the plat and recommended preliminary/final approval subject to: 1. Utility easements as requested byREA being shown. 2. The recommendations of the City of Kenai. 3. Re-lable Lots 1 & 2 to "Lots 6 & 7" accordingly. 4. Check the bearing for 25th Avenue NW as per original plat of Gilbertson Subdivision. CommissioDers.Suszka/Kines moved to approve the plat subject to the staff's recommendations. The motion was unanimous. 7. Wayne Fellers Subdivision 1970 Addition (Survey Exception Request) This request is looated on Kalifonsky Beach Road approximately one and one-half miles from the Sterling qighway junction in *the Xasilof area. The letter of request, which is on file, was read. The planning staff had reviewed the request and recommended the survey exception be granted subject to a final plat being prepared by an Alaskan R6gistered Land Surveyor and approved by the planning commission. Commissioners Suszka/Hines moved to approve the survey exception request subject to the staff's recommendations. The motion carried unanimously. 8. Fisherman's Point Subdivision (Preliminary/Final) Located within the City of Kenai, this subdivision is approx- imately two and one-half miles from the west junction of Beaver Loop Road and the Kenai Spur Road between the Kenai River and Beaver Loop Road. The letter, on -,file from the subdivider, was read. The planning staff had reviewed the plat and recommended the 3:1 lot depth to width ratio exception be granted duc to topography and preliminary/final approval granted subje(;t to: 1. Utility easements as requested by 111'?A being shown. 2, The recommendations of the City of Kenai. S. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal Regulations. Mr. Best noted a letter had been received from the Alaska Department of Environmental Conservation waiving the sub- mission of engineering data for this subdivision.. Commissioners Suszka/Fines moved to approve the plat subject to the staff's recommendations and to grant the 3:1 lot depth. to width ratio exception. The motion carried unani- mously. 9. Anglers Acres Subdivision (Preliminary) Located within the City of Xenai, this subdivision is approx- imatelW two miles from the east junction of Beaver Loop Road KENAL PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 6 SEPTEMBER 23, 1974 land the Kenai Spu; Road at the confluence of Beaver Creek and the Kenai River.- The letter, on file from the surveyor for the subdivider, was read. I The planning staff had reviewed the nreliminary plat and recommended the 3:1 lot depth to width ratio exception be granted due to topography and preliminary approval granted subject to: 1. Utility easements as requested by UEA. 2. The recommendations of the City of Kenai. 3, The 33 foot section line right-of-way being named "I" Street and the 60 foot right-of-way being named. 4. A note that "The first finished floor of any building shall be constructed 3 feet above the Corps of Engineers 1969 flood line". 5. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal Regulations. Commissioners Amundson/Suszka moved to approve the prelim- inary plat subject to the staff's recommendations. The motion carried unanimously. 10. High Cliffs Subdivision 1974 Addition (Final) This item was deleted at the request of the surveyor. 11. Mystic Meadows Subdivision (Final)(Formerly Birch Park Subdivision) This subdivision is located approximately one-half mile northeast of Kachemak City on Fritz Creek Drive. Mystic Meadows Subdivision preliminary plat (formerly named Birch Park Subdivision) was conditionally approved by the planning commission at the September 9th meeting. The planning staff had reviewed the plat and recommended final approval subject to: 1. Clarify the lengths along the northwest portion of Birch Park Drive, or for Lots 1 �, 2, Block 1. 2. Label the bearing (N53 35'00"E) for Fritz Creek Drive. 3. Check the legend for the monuments as found or set. 4. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation ?Wastewater Disposal Regulations. Mr. Best noted the subdividers had signed and returned the "Certificate ?z Request" to record the plat on September 19, 1974. Commissioners Suszka/Hines moved to approve the final plat, subject to the staff's recommendations. The motion carried unanimously. 12, V. R. Bell Subdivision 1974 Addition (Reconsideration) Henning Johnson, the registered land surveyor, read the following letter; October 1, 1974 Mr. Alan Boraas Kenai Community College Post Office Box 848 Soldotna, Alaska 99669 W Dear Mr. Boraas: At the September 25th meeting of the Kenai Planning Advisory Commission, Mrs. Mary Willets recuested that the Planning commission designate the area surrounding the Kenai River Bridge as a recreational reserve so that nesting grounds would not be disturbed and so that historical barabaras would not be encroached upon. The Planning Commission referred the matter to me for further review with the request that the location of all barabaras be identified and located on a map. It was suggested that you be contacted because of your knowledge and expertise in this field. Therefore, I wonder if you would be so kind as to help me by identifying the location of barabaras as well as any other historical or archeological points of interest. Your assistance in this matter will be very much appreciated. Very truly sours, Roland D. Lvnn City Manager RDL: Sp CC: Mrs. Mary Millets October 1, 1974 Mr.. Wayne J. Cherrier CHERRIER AND CHERRIER 124 East 3rd Avenue Anchorage, Alaska 99501 Dear Mr. Cherrier: Your letter and application for lease of Lots 2', 3, and 4 in Block 1 of the Cook Inlet Industrial Air Park was considered by the Kenai Planning Advisory Commission on September 25th. The Commission referred the proposed lease to Administration for further re- view, and with the following recommendations. 1. There be a separate lease for each lot. 2. The lease rate of .015 per square foot is too low and should be revised upward. 3. Development plans should be completed before the Planning Commission is asked to review the lease proposal. This would include a more complete breakdown as to what is intended. 4. In the lease, which is negotiated, require that substantial improvements be made with- in the first year and completion of all building within two years. 5. Payment for all assessments or in -lieu of tax payments be made if due on the pro- perty. Consequently, I am returning your check no. 7200 for $150 which you sent in as escrow money for Lots 2, 3 and 4, Block 1, Cook Inlet Industrial Air Park. When your pians become more complete, I would be happy to discuss the matter with you in greater detail. The City of Kenai is interested in developing the airport lands and welcome any permanent development which will add to the attractiveness of the area. Very truly yours, ell Roland D. Lvnn City Manager A . s ':I T �.' OF K E N A I P. Q. COX 533 . [:o`i%,%I. ALASKA . PHONE 233-7535 Lease Application # pg 1 of 2 Name of Applicant Dean Cherrier Address 2070 Forest Park Drive - Anchorage, Alaska 99503 Business Name and Address Dean Cherrier - 2070 Forest Park Drive Anchorage, Alaska 99503 Kenai Peninsula Borough Sales Tax No. None State Business License No. None Prone 272--6576 (check one) X Lease Lot Description Lot 2 - Block 1 - Cook Inlet Industrial Air Park - Kenai. Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Permit Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date 9/17/74 Signed Dean Cherrier QCT ''•5" J� C'oo�' �',. y ,4 1,4 SA-,,, CJ I7idO F�� OfF/�E to / AfTF/o�sE CITY OF K.ENAI P. 0. BOX 530 - A6'ASXA - PHONE 233-7535 Lease Application # pg I of 2 r,Iame of i'qp,.Dlicant R. -J. Cherrier & Fpyne J. Cherrier DBA/Cherrier & Cherrier____ Address124 East Third Avenue Business i�iamL and Address Cherrier & Cherrier - 124 East 3rd Avenue W Anchorage. Alaska 99501 Kenai Penin -s -i -.1a Borough Sale-'." Tax No. 3101394 State Business License No. 74-02615 Pnone 272-6576 (check one) X Lease Permit Lot Description Lot 3 - Block I - Cook Inlet Industrial Air Park - Kenai. Alaska Cesired length of L:�ase or Permit 55 Years Property to be Used for Office & Warehouse Description of developments (type, construction, s-ize, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' . Attach development plan to scale I inch = 50 feet, showing all build- ings planned. Time Schedule Open Date9/26/74 Signed, errier, Partnef' /ice / �. ' . �.� .G T ..• r .r 7^� . r4 I C • 11 h4 < � 1 � ) J /L41 �O.�f'�.s7h�r✓7� '.f '�'�S .. CIr"kr OF KENAI P'. 0. BOX 5u3 - KZ;iA1, MASIK 1 - PHONE 233-7535 Lease Application P pg 1 of 2 Name of Applicant. R. J. Cherrier & Wayne J. Cherrier DBA/Cherrier & Cherrier Address 124 East Third Avenue Business Name and Address Cherrier & Cherrier - 124 East 3rd Avenue - Anchorage, Alaska 99501 Kenai Peninsi<la Borough Sales Tax No. 3101394 State Business License No. 74-02615 Pnone 272-6576 (check one) X Lease Permit Lot Description Lot 4 - Block 1 - Cook Inlet Industrial Air Park - Kenai, Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date 8/26/74 Signed �,,�1-��� �Wa Cherrier, Partner �— October 3, 1974 Mr. Wayne Cherrier CHERRIER & CHERRIER 124 East 3rd Avenue Anchorage, Alaska 99501 Dear Mr. Cherrier: By this time, you will have received my letter dated October Ist which outlines the action taken by the Planning Commission and their recommendations. It occurred to me, however, that the Plannirg Commission may have been asking you to put together architectural drawings prior to negotiating a lease. The terms of a lease may or may not make your pro- posed project feasible. Consequently, you right consider resubmitting your application to the Planning Commission with a proposal for leasing the lots in question .for one year with an option to renew the lease for 55 years pending, approval of your proposed buildings and providing that construction on the building begins within six to eight months from the date of execution of the lease. If you have any questions concerning this matter, please don't hesitate to call or write. Very truly yours, Roland D. Lynn, City Manager RILL : sp TO: MEMBERS, KENAI PLANNING & ZONING COMMISSION FROM: James A. Elson DATE: October 3, 1974 I wish to submit my resignation from the Kenai Planning and Zoning Commission effective this date. I have very much enjoyed my association with the Planning and Zoning Commission and, as Mayor, I shall look forward to a continuous working relationship that will be beneficial to both the Planning and Zoning Commission and the City of Kenai. JAE:sp ne�"o Jaame, A. Elson TO: MEMBERS, KENAI PLANNING & ZONING COMMISSION PROMs James A. Elson DATE: October 3, 1974 I wish to submit my resignation front the Kenai Planning and Zoning Commission effective this date. I have very much enjoyed my association with the Planning and, Zoning Cor ission and, as Mayor, I shall look forward to a continuous working relationship that will be beneficial to both the Planning and Zoning Commission and the City of Kenai. ,"J;hmes A. Elson N� AT r, 23 _22 AK r4 t - — g al- Ui 25 Stadaf tSa f s $trigs Tamp 30AN -. -- � ---- � I • ��.�_.�. _ - ---4-�.. - =� keg - �,,=. _ -__ „"kap r __ _ AIX Trom 36 31 N I 32 I i36 f x "►. ,i2amb in 4 rte.. �� - a- ' • _ 7 j 9 - , J36 1Q: 7it - s - 18 13 a ' i 24 i SiATE O ALASKA M KENAI RIVER, r r Project No. S, - 0463 (10) For several years the construction of an all-weather roadway between Kenai and the area lying south of, the Kenai River has been one of the primary goals of both the Highway Department and area residents. Numerous studies culminated with a public hearing in May of 1969 and subsequent alignment approval by the Department and the Federal Highway Administration in January of 1970. Since that time a considerable amount of preparation has gone into the design of this project. As proposed, the project will involve the construction of a 2 -lane paved roadway 24' in width with 8' wide paved shoulders. The grades shall not exceed 5%. All approaches and driveways will have culverts where necessary, with neWr construction of the driveways extending to the right-of-way. All side slopes, and other areas Where feasible, will be covered with topsoil and seeded. A concrete and steel structure 44' wide and 980' in length will span the Kenai River connecting north and south approaches. Intersection illumination will be provided at both ends of the project. There will be no fencing on the project and any future driveways may be constructed by property owners upon receipt of a permit from the Department. General Hearing Information The purpose of this public hearing is to afford an opportunity for participation by individuals or groups interested in the process ofdeterminingthe need for and the design of proposed highway construction in the Kenai area. This meeting is to advise the public of the proposed design of the Kenai River Crossing and to provide an opportunity for presenting views on the proposed design. Comments received in this hearing will be analyzed by the Department of Highways and taken into consideration in selecting a specific design for presentation to the Federal Highway Administration for approvar. This hearing is being recorded so that an accurate transcript may be prepared which will include speakers' names. You are requested to speak into the microphone, state your name plus any other identification you feel is pertinent and then proceed. Information concerning the features of the proposed highway construction will be presented first. Thereafter, questions will be answered concerning features that are not clear or which have not been adequately covered. The meeting will then be open to general discussion. Everyone desiring to ask questions or make statements Is invited, in fact, urged to do so. However, please restrict questions and statements within the formal part of the hearing to this particular project. Highway Department personnel will be available for specific questions , after the adjournment of this hearing. The District Headquarters in Anchorage is also open to you for further information. The exhibits shown here will be kept on public display until May 6, 1971. Anyone wishing to submit a- formal written statement for inclusion in the official record is invited to do so prior to the May 6 cutoff date. The mailing address for the Central District Office is: State of Alaska Department of Highways 555 Cordova Street Anchorage, Alaska 99501 The telephone number is (907) 272-1541. Relocation Assistance Any questions concerning right of way acquisition and relocation assistance programs will be answered by the Department of Highways. A booklet, "Coming Your Way;'' is available for those wishing additional right of way information. RML Lb 44' Subq►ade 16' Min. 8' ' 2' 12 -� - 8 2' . iii - 2''�`2' j-'' 0.02f1./f t. 0.02ft/ft. — jjj .r ---- - ---- -- — ----- ----;— Slope Varies 4" Topsoil & Seeding -4'Min. -- Z 41Subgrade ProfileL fog Seal (40" Width)4" Topsoil d Seeding 2"Mot Bituminous PavementSlope Varies Prime Coat (41'Width). 6Crushed Aggregate Base6"Subbase, Grading B —Selected Material TYPICAL SECTION KENAI RIVER CROSSING Sta. f0*00 16-Sta, 178+00 CONTINUOUS-COMPOSITI STEEL BOX GIRDERS SYMM ABOUT ROADWAY -2% 44 ROADWAY BRIDGE GRADE -2% _::.::;;. I ANCRETE DECK CONCRETE IPIER KENAI PENINSULA COMMUNITY COLLEGE of the University of Alaska in cooperation with the Kenai Peninsula Borough School District P. O. BOX 848 * SOLDOTNA, ALASKA 99669 * 262-4407 October 11, 1974 Mr. Roalnd Lynn City Manager - City of Kenai Box 580 Kenai, Alaska 99661 Dear Mr. Lynn: Regarding your letter of October 1, 1974 and our phone conversation of late September. I am submitting the enclosed report. I hope this information will be of use to you and the City Council in planning what sounds like a very worthwhile wildlife reserve. If you have any other questions or comments on this matter, do not hesitate to contact me. Prehistoric sites are valuable historically, educationally, and sometimes monetarily (properly excavated and restored they can bring in tourist money). The many sites in and around Kenai as well as the surrounding communities are in danger of destruction with continued development. I believe it is incthe public interest to preserve them or salvage the information they contain before they are destroyed. I hope someday soon I will have the time and financing to begin an area wide survey of prehistoric sites. This will add to our knowledge of prehistory and I believe also be of assistance in planning for future development. I personally believe that the existence of a prehistoric site on an area to be developed should not impede develop- ment. If possible the development should be done in such a way that the site is not disturbed. If this is not possible the site should be properly excavated so the in- formation is not lost. This necessitates an archaeologist being informed early in the development process so a proper evaluation can be made. If I can be of assistance to the city of Kenai in this process, do not hesitate to contact me. Sincerely, N Alan Boraas Subject: Archaiological survey of the proposed recreation area in the vicinity of the new Kenai River bridge To: Roland Lynn, Kenai City Manager From: Alan Boraas, Kenai Peninsula Community College Date: October 11, 1974 The Survey On October 10, 1974 two KPCC students and myself made an archaeological survey of the general area of the Kalifonsky side of the new Kenai River bridge crossing. We found an apparently prehistoric site on the gravel bar immediately to the southeast of the new bridge. (see sketch map) This gravel bar forms an island like feature between the Kenai River to the north and a large swamp to the south. It is the only well drained area in the immediate vicinity of this side of the bridge and is presently vegetated with birch and some spruce. This feature is referred to locally as Birch Island. On this island we found three barabaras, or prehistoric and Russian period winter dwellings of the Tanaina. Two of these are fairly large measuring about 20ft by 26ft and 28ft by 29ft respectively. In addition the second had an adjoining room measuring llft by 17ft. Both of these appear to be in undisturbed condition. The third barabara was somewhat smaller, about 17ft by 16ft, and shows evidence that it has been dug into. All three have small conical shaped pits near them which may have been storage pits. There are also i C a number of similar pits near the eastern part of the island. In this survey we only observed surface features and made no test excavations. Such excavations could reveal other cultural features at this site. I know of no other prehistoric sites in the immediate vicinity of the bridge crossing on the Kalifonsky side. On the Kenai side there are barabaras on private property off Beaver Loop Road but these would not be of interest in a recreational reserve. Recommendations Barabaras are a very common prehistoric feature on the western side of the Kenai Peninsula. Although they are common very few have been properly excavated. As a result very little is known about them and this time period of Kenai Peninsula history. The three barabaras at Birch Island do not appear to be especially unique, but because so little is known about barabaras in general and the people who built them they represent a potentially valuable source of historic information. Because this location will soon be easily accessable by road the danger exists that they may be disturbed or destroyed by souvenir hunters or others. Including these barabaras in a recreational reserve would be a useful attempt at preserving them. This site could also be properly excavated and perhaps even restored, thus serving as a landmark for the interest and education of both local residents and tourists alike. Because they are in an easily accessible location, this would seem to me to be an approach worth investigating. Whether the site is excavated or not I would recommend that it is worth preserving and would be a beneficial ad- junct to a recreational preserve. Highway Department Survey I was informed by Mae Ciechanski that in 1970 Mr. Fredrick West, then an archaeologist at AMU, did a brief archaeological survey of Birch Island for the high- way department. This apparantly was done in connection with site location for the bridge crossing. Mr. West has since left AMU and the state and I have been unable to find a copy of his report, but according to Mrs. Ciechanski he did recommend the bridge not pass over Birch Island and thereby destroy this site. IrAm MEETING HELD: NOTICE TO: L7 SURVEYOR E7 HOMER e KENAI PENINSULA BOROUGH P.O. BOX 850 SOLDOTNA, ALASKA 99669 262-4441 NOTICE OF PLANNING COMMISSION ACTION //)-':�?/-9� L7 SUBDIVIDER CITY OF: KENAI L7 SELDOVIA L7 SEWARD L7 SOLDOTNA Enclosed is a copy of the Kenai Peninsula Borough Planning Commission minutes of the meeting at which the noted subdivision plat was reviewed. THE PRELIMINARY PLAT HAS BEE;I: L7 Approved, the subdivider may proceed with preparation of the final plat in accordance with the Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the provisions listed in the attached minutes. The subdivider may proceed with the preparation of the final plat in accordance with these listed provisions and in accordance with Kenai Peninsula Borough Subdivision Ordinance 26. L7 Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met and the preliminary plat reviewed by the commission before proceeding with preparation of the final plat. L7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. THE FINAL OR PRELIMINARY/FINAL PLAT HAS BEEN: Z7 Approved, the subdivider should now obtain all needed signatures on the original plat and two (2) codes, 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 containing the recorded data will be forwarded to the subdivider upon completion. Conditionally approved, subject to the conditions listed in the attached minutes. These conditions must be met prior to the record- ing of the plat. L7 Disapproved for the reasons listed in the attached minutes. L7 Tabled for the reasons listed in the attached minutes. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE, (PLANNING DEPARTMENT, MR. G. S. BEST). KENAI PENINSULA BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 11 OCTOBER 21, 1974, Commissioners Suszka/Amundson moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. 9. Davidson Homestead Tracts B & C (Preliminary/Final) This subdivision is located within the City of Kenai, just easterly of the Kenai Spur Road on Strawberry Road. The letter from the subdivider, which is on file, was read. Davidson Homestead Tract "A" was approved by the Planning Commission on October 9, 1972, and filed in Kenai on November 3, 1972. The planning staff has reviewed the plat and recommends pre- liminary/final approval subject to: 1. Utility easements as requested by HEA being shown. 2. Recommendations of the City of Kenai. 3. Show length from the SW corner of Tract C to the E 1/16 monument. 4. Check the bearing of record for the south line of Section 6, i.e., N89d5911311, as per survey Davidson Homestead Tract "A". 5. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Commissioners Amundson/Suszka moved to approve the plat subject to the staff's recommendations. The motion passed unanimously. 10. Wayne Fellers Subdivision, 1974 Addition of Tract 10 (Preliminary/Final) This subdivision is located on Kalifonsky Beach Road, approx- imately one and one-half miles from the Sterling Highway junction in the Kasilof area. At the September 23, 1974, meeting, the Planning Commission reviewed an exception to the survey require- ments for this parcel and granted the exception subject to preparation of a final plat by an Alaskan Registered Land Surveyor. However, the owner has had the parcel surveyed and submitted this plat. The planning staff has reviewed the plat and recommends pre- liminary/final approval subject to: 1. Utility easements as requested by HEA being shown. 2.. Show and dedicate a 30 ft. right-of-way for Sandwick Drive along the south boundary of Tract 10. 3. Show width of right-of-way for Kasilof Road. 4. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Commissioners English/Suszka moved to approve the plat subject to the staff's recommendations. The vote was unanimous. 11. High Cliffs Subdivision (Final) As this item was not received in time for this meeting, it was deleted from the agenda. 12. Resubdivision of Tuttle Tracts B & C (Final) This subdivision is located on the Sterling Highway, approx- imately one-half mile northeast of the junction with Kasilof Road. The original Tuttle Tracts was approved October 29, 1972, and recorded December 18, 1974. Tuttle Tracts Resub- City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Cherrier & Cherrier 124 East 3rd Avenue Anchorage, Alaska 99501 October 23, 1974 Ph: 272-6576 Re: Application for Lease Lots 2, 3, 4 Block 1 Cook Inlet Industrial Park Att: Roland D. Lynn City Manager We received your letter dated October 1, 1974, wherein you returned our applications & check for leasing the above lots; based on the findings of your Planning Advisory Commission. To say the least, we were very disappointed; however, your follow- up letter dated October 3, 1974 was somewhat more encouraging. In response to both of your letters, we would like to resubmit our applications and comments as follows: 1. Enclosed are three separate applications as originally submitted. 2. Our earnest money check in the amount of $150.00 ($50.00 per lot). 3. We have no objection to separate leases for each lot. 4. Your present published price of .015 cents per sq. foot is acceptable. You indicated this was too low, but the commission did not suggest any other rate. (Please keep in mind that your lease has a provision for a rent escalation every five years). 5. We have reservations as to submitting a full set of architectural drawings. Your standard lease application calls for a development plan drawn to scale (1" = 50 ft.); which we have submitted. 6. As for sewer, water & paving assessments: you will recall we had your assessment department check this out and there are no unpaid assessments against these lots. In finalizing our resubmission, we would like very much for the City to keep in mind that we are not outside developers. We have a substantial interest in Kenai, 53 apartment units (Bay Arms Apts.). We were one of very few developers that did develope in Kenai, stayed in Kenai, (especially the last four bleak years), and we plan to remain a part of the community. A quick inspection of our facilities will show we have a sizeable tax base in Kenai and we have maintained our property in first class condition, even in hard times. City of Kenai Page 2 For anyone to develope property, the lessee must have flexibility. We are requesting a 55 year lease under your present published terms. This property (lots 2, 3 & 4) has not generated any taxes for the citizens of Kenai since the subdivision was developed in 1964 or 1965. We ask for a favorable review of the enclosed. If you have any additional questions, please call or write. Very truly yours, CHERRIER & CHERRIER CITY OF KENAI P. 0. BOX 580 - MNA,1. ALASKA - PHONE 253-7535 cease Application # pg 1 of 2 Name of Applicant Dean Cherrier Address 2070 Forest Park Drive - Anchorage, Alaska 99503 Business Name and Address Dean Cherrier - 2070 Forest Park Drive Anchorage, Alaska 99503 Kenai Peninsula Borough Sales Tax No. None State Business License No. None Pnone 272-6576 (check one) X Lease Lot Description Lot 2 - Block 1 - Cook Inlet Industrial Air Park - Kenai, Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Permit Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date 9/17/44 SignedDi�r�.�,oA Dean Cherrier Lease Application CITY OF KENAI page 2 of 2 P. 0. BOX 580 - KENAI, ALASKA - PHONE 283-7535 For your information Annual rental rate or cost Zoned for Permits required Assessment,5 Insurance required Construction must be started by Completion date for major constructions Routing City Council Time Recommended by Planning Commission Time This application will be a part of the lease Approvals: Planning Gmissioru by City Council,, by Recexpt acknowledged by applicant �e rj "'r 471'�-Icle g / // :: Fr, CITY OF KENAI P. 0. BOX 580 - KENAL ALASKA - PHONE 283-7535 Lease Application # pg 1 of 2 Name of Applicant R. J. Cherrier & Wayne J. Cherrier DBA/Cherrier & Cherrier Address 124 East Third Avenue Business Name and Address Cherrier & Cherrier - 124 East 3rd Avenue - Anchorage. Alaska 99501 Kenai Peninsi,,.la Borough Sales Tax No. 3101394 State Business License No. 74-02615 Phone 272-6576 (check one) X Lease Permit Lot Description Lot 3 - Block 1 - Cook Inlet Industrial Air Park - Kenai. Alaska Desired length of Lease or Permit 55 Years Property to be Used for Office & Warehouse Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date gf2617-4 Signe rri r, PartneF .Lease App:�ication I CITY OF KENAI page 2 of 2 P. ©. 20),, 50 KE -NAB, ALASKA PHONE 233-7535 f For,your information i Annual rental rate or cost` Zoned for Permits required pC I Assessment,- insurance ssessmentsinsurance required Construction must be started by Completion date for major constructions I { I r Routing Planning Commission Time i f City Council Time R eco=ended by f f I i i i i i � I This application will be a part of the lease I Approval& Planning Cbmissionx by i City Council by i „ I R ccwypt acknowledged by applicant • R' ✓�7-0 • N� i �=� rr . � . �' .. � 'y ;�., `� , .f s�11 ci � " .TiIC./ i�T � 2,r• � . s7;5'r.�� r %, r •,° �� r. i 6 J'a " Fr a ,r'��cE � /�iARe�•.ti o a'st' i I. • R' . CITY OF KENAI :.. s. PHONE Lease Application pg 1 of 2 Name of Applicant R. J. Cherrier & Wayne J. Cherrier DBA/Cherrier & Cherrier Address 124 East Third Avenue Business Name and Address Cherrier & Cherrier - 124 East 3rd Avenue - Anchorage, Alaska 99501 Kenai Peninsula Borough Sales Tax No. 3101394 State Business License No. 74-02615 Phone 272-6576 (check ane) X Lease Permit Lot Description Lot 4 - Block 1 - Cook Inlet Industrial Air Park - Kenai, Alaska Desired length of. Lease or Permit 55 Years Property to be Used for Office & Warehouse Description of developments (type, construction, size, etc.) Slab on Grade - Wood Frame Construction - 60' X 80' Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Open Date 8/26/74 Signed vWa .Che ier, Partner �-- CITY OF KENAI P. 0. BOX 580 - KENAI, ALASKA - PHONE 283-7535 Lease Application page 2 of 2 For your information Annual rental rate or cost Zoned for Permits required Assessmento-, Insurance required Construction must be started by Completion date for major constructions Routing City Council Time R ecomw-nded by Planning Commission Time This application will be a part of the lease Approvals: Planning GmIxission: by City (Ouncil by Rwexpt acknowledged by applicant 4W _57 O., MEMORANDUM TO: MEMBERS, PLANNING & ZONING COMMISSION FROM: Ron Malston, Chairman DATE: October 295, 1974 It is my pleasure to welcome you as a mem- ber of the Planning and Zoning Commission. Due to urgent business that needs the attention of the Commission, we shall hold our first meeting on Monday, November 4th, 12:00 Noon, in the City Manager's office at City Hall. The City Manager and the Mayor will be present at this meeting and at which time you shall also be sworn in as regular members of the Planning and Zoning Commission. If you are unable to attend this meeting on November 4th, please con- tact the City Manager's office. I shall look forward to seeing you all Monday. CC: Mr. Roland D. Lynn, City Manager Mayor James A. Elson Leo Uberts Insuran,,e Inc. Oberts Building - Box 458 - Phone 283-7591 KENA1, ALASKA Your Friendly Professional Insurance Service f"�_t �5G� Gam' --, x, �� T CITY OF KENAI PLANNING & ZONING COMMISSION MEMBERS Ron Malston Box 3771 Kenai, Alaska 99611 Telephone: 283-4966 Jon Nelson Box 189 Kenai, Alaska 99611 Telephone: 283-4456 or 283-4184 Nels Kjelstad Box 1041 Kenai, Alaska 99611 Telephone: 283-4672 Betty Glick Box 528 Kenai., Alaska 99611 Telephone: 283-7637 Beverly Fillio Box 1115 Kenai,, Alaska 99611 Telephone: 283-7740 Cliff Heus Box 211 Kenai, Alaska 99611 Telephone: 776-8121, Ext. 15 Harry Gaines Box 624 Kenai, Alaska 99611 Telephone: 283-4864 or 283-4618 10/30/74 Scp TERM EXPIRES January 1, 1975 January 1, 1977 January 1, 1977 January 1, 1977 January 1, 1978 January 1, 1979 January 1, 1979 N KENAI PENINSULA BOROUGH Planning & Zoning Commission On December 11, 1974 there will be a public hearing in the City Manager's Office, Kenai City Hall, for the following: Rezoning of Radar Subdivision to light industrial. CITY OF KENAI PLANNING & ZONING COMMISSION November 13, 1974 OATH OF OFFICE 1, BEVERLY FILLTO , DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY ABILITY. /3Qfj)tlrt'(l wf-' otb(i- ATTEST: Dated this day of OATH OF OFFICE I, BETTY CLICK , DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION !MEMBER TO THE BEST OF MY ABILITY. 0 ATTEST: Dated this 4/ /� day of 1974. OATH OF OFFICE JON NELSON , DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY ABILITY. ATTEST: Dated this day o f. 1974. OATH OF OFFICE 1, HARRY GAINES , DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY AS I LITY. ATTEST: 0 Q7—t Dated this day of _1974. OATH OF OFFICE CLIFF HEUS 1, , DO SOLEMNLY AFFIRM THAT I WILL a. SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY ABILITY. ;� A ATTEST: Dated this day 1974. OATH OF OFFICE 1, MELS XJELSTAD , DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY ABILITY. ATTEST: . 9e Dated this day of % . / ^ _ ] 47�i . KENAI PLANNING & ZONING COMMISSION SPECIAL MEETING, NOVEMBER 4, 1974 12:00 NOON, CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN The Meeting was called to order at 12:00 Noon by Chairman Ron Malston. ITEM 1: ROLL CALL Members Present - Beverly Fillio, Harry Gaines, Betty Glick, Clifford Heus, Nels Kjelstad, Ron Malston, and Jon Nelson. Also Present - Roland Lynn, James Elson, Chuck Crabaugh, Pat Malone, Mark Hodgins ITEM 2: APPROVAL OF MINUTES, SEPTEMBER 25, 1974 The minutes of September 25, 1974, were approved as distributed. ITEM 3: OLD BUSINESS There was no old business ITEM 4: NEW BUSINESS a. Oath of Office The Secretary administered the Oath of Office to the new members. The following were sworn in as regular members of the Kenai Planning & Zoning Commission: Jon Nelson Nels Kjelstad Betty Glick Beverly Fillio Clifford Heus Harry Gaines Term expires 1/1/77 Term expires 1/1/77 Term expires 1/1/77 Term expires I/1/78 Term expires 1/1/79 Term expires 1/1/79 Mayor James A. Elson and Roland D. Lynn, City Manager, welcomed the new Commission members and stressed the importance of the Commission in the future planning of the City. Mayor Elson advised that he would like to see more input from the - 2 - Commission with regard to many areas of future consideration to the City such as land use, airport lands, etc. b. Mark Hodgins - Airport Lease Lot Description: Lots 7 & 8, Old Aircraft Parking Area with existing 40 x 40 building. Mr. Hodgins requested renegotiation of his lease with the City of Kenai for a period longer than the one (1) year term as previously agreed upon. Mr. Hodgins has been leasing the property for three years. Roland Lynn advised that the current City lease rates were being reevaluated and up -dated, thus the reason for not extending a lease for a period longer than for one year. Jon Nelson moved for approval of the lease for a term of one (1) year from the expiration date of the present lease and then renegotiate after re- evaluation of the City's lease rates has been com- pleted and at the time the lease expires. The Motion was seconded by Harry Gaines. Motion approved unanimously by the Commission. C. Subdivision Plat - BLM Lot 481 SEC 31, T6N, R11W,SM Crabaugh Subdivision - special easement requested. After considerable discussion, Nels Kjelstad moved the Crabaugh Subdivision be approved by the Commission subject to the following recommendations. 1. Water and sewer lines be shown in D Street NW. 2. Adjacent property ownership be shown on maps. 3. HEA easements be designated. 4. Approval would be with the understanding that the City would not provide snow removal and street maintenance. S. Approval of the 17.1' variance between bldg. & 20th Avenue in lieu of the 25' required. The Motion was seconded by Clifford Heus. Approved unanimously by the Commission. - 3 - d. Subdivision Plat - Dunckley Subdivision Reviewed by Commission June 12, 1974 -- referred to City Administration for action. e. Subdivision Plat - Davidson Homestead Nels Kjelstad moved for approval. Motion seconded by Jon Nelson. Motion approved unanimously by Commission. f. The next meeting of the Kenai Planning and Zoning Commission will be at 7:00 p.m., Wednesday, November 13, in the City Manager's office, City Hall. g. Jon Nelson requested that City Administration give a report at the next meeting of the Planning and Zoning Commission, November 13th, on the current status of making an area around the Kenai River Bridge a "Conservation Zone" for the protection of wildlife and barabaras. ITEM 5: ADJOURN The Special Meeting of the Kenai Planning and Zoning Commission was adjourned at 1:45 p.m. Respectfully submitted, , Sut C. Rbter, Secretary KENAI PENINSULA BOROUGH MEETING OF THE PLANNING & ZONING COMMISSION - NOVEMBER 4, 1974 7:30 P.M. - BOROUGH BUILDING - SOLDOTNA TENTATIVE AGENDA A. Call to Order B. Agenda Approval C. Approval of Minutes - October 21, 1974 D. Public Hearings: comer 1. Sunny Slope Subdivision (Vacation & Replat) (a) Sunny Slope Subdivision (Preliminary/Final) linilchik 2. Brandywine Acres Subdivision (Vacation & Replat) (a) Brandywine Acres Subdivision (Preliminary/Final) comer 3. Cowgill Acres Subdivision (Vacation & Replat) (a) Cowgill Acres Subdivision (Preliminary/Final) E. Consideration of Submitted Plats: >terling comer 1. Kenai knchor Point Tunny River lidgeway >oldotna, City lidgeway lnchor Point comer, City ;ohoe :enai, City F. 1. Moose River Estates Subdivision (Special Consideration) 2. High Cliffs Subd., 1974 Addn. (Final) 3. A-.S.L.S. No. 74-182 (Preliminary/Final) 4. Kachemak Bay Ranchos Sub. of Lot 30 (Preliminary/Final) 5. Salmon Slough Subd. Part One (Final) 6. Trophy Subdivision (Final) 7. Golf Acres Subdivision (Preliminary/Final) 8. Kersten Subdivision (Preliminary/Final) 9. Hidden Hills Subd. Addn. No. 2 (Preliminary/Final) 10. W. R. Bell Subd., 1974 Tract D (Final) 11. Cohoe Woods Subdivision (Preliminary) 12. Crabaugh Subdivision (Preliminary/Final) Corps of Engineers Permit 1. Union Oil 2. Homer Electric Association G. Kenai Zoning Ordinance H. Other Business I. Director's Report J. Adjourn NEXT SCHEDULED MEETING - NOVEMBER 18, 1974 C0:1FI:RE:ICJ; 0:1 i:E:IAI ARTA hISTOR, :Iovereber 7 F. 2, 1974 Kenai Central high II;VITAT IO:I You and/or members of your organization, are cordially invited to attend the. Conference on Kenai Area iiistory of Alaska, scheduled for Iiovember 7-8, 1974 at the Kenai Central liigih School, Little Theatre, Kenai, Alaska. The conference will utilize resource materials and emphasize seminars on the :iative, Russian and American xperiences. The public is Invited and encouraged to attend. Auuience participation is encouraged at the panel discussions. The Project Director is Peggy Gill Thon.pson. Chairmen of the various experience. include: Allan Boraas, Assistant Professor of. Anthropology and Geology, Kenai Peninsula Community College, :iative Experience; Sister Victoria, St. Merman's Pastoral School, Russian Experience; firs. ilary Glillets, History instructor, Kenai Peninsula Community Collq-,c, American Experience. Each Chairman will write an article in a resource booklet, edited by James Ilornaday, which will be distributed to those attending the Conference. Consultants will include: iative Experience, Dr. T�illiarl Workrhan, Professor of Anthropology, Alaska Iiethodist University (pre -history of Southern Kenai Peninsula from iiinilchik south); N'r. Douglas Reger, Regional Archaeologist for the U.S. Forest Service (pre -history of the Kenai Peninsula Nort1i of :iinilcliik) ; rr. James I:ari, Kenai language, featuring Peter Kalifonsly, firs. ilonfor and Mrs. Sacalof. Dr. iiorgan Sherwood, Professor of iiistory, University of California, I'avis, a noted autiiority.on Alaska history, will give the keynote address of the conference and will serve as a Consultant to the American Period. Dr. Claus -ti. :,aske, Eistory professor, University of Alaska, will also serve as a Consultant to the American Period. Yne_z Haase, noted authority on the Russian-l'merican Company is the Consultant to the Russian Period. Other speakers on the program include: Pr. Robert Frederick, Director Alaska Historical Commission (Writing Alaska's history); Beatrice Langness, Executive Secretary of the Alaska Bi -Centennial Committee, (Bi -Centennial Projects); IIr. William ,Jorgenson, Alaska historical Society, lir. George Miller, President of the Kenai Native Association. A Russian dinner will be provided by the ladies of the Russian Orthodox Church, at the price of $4.75 per plate. Those planning to attend the Russian Dinner or purchase noon meals at the Kenai High School',Cafeteria should confirm by filling; out the attaciled form, enclose remittance and mail to: Peggy Gill Thompson, Lox 1059, I:enai high, Kenai, Alaska 99611. The Conference is funded by the Alaska humanities Forum in conjunction with a grant application of the City of Kenai. We are looking forward to seeing you. Sincerely, ov"Mo#1 C,,),## PEGGY GILL T11011PSOi1 Project Director Attached: Schedule of the Conference Confirmation of Ideal Purchase :Iovemher 7. - , 1971; Kenai Central Eigli Kenai, Alasl_a Thur sd<`iv NorninL : Opening Cerer'onies `):15 Creetinl* and Anno;incenents: Pe2n,r ThorTnson 9:15 - 9:30 Mrs. Beatrice LanSness, T..xecutive Secretary, Bicentennial 0ornr,,i.ssion 9:3r' - 10:45 KF.Y:IOTT: SPFAICT;I',: I1Iori an Sherwood, Prof. of Itistorv, I'. of California 10:x:5 - 11:00 Coffee Ureal: 11:0o - 11:10 Willinm Jorgenson, Al.asl.a Ilistorical Society 11:1' - 12:0n FF.A 'URI? SPI -ATTR: Chief GeorSc !filler, President, Kenai 'Iative As�;ociation 12:Cr' - 1:31' Lunch: Kenai Central I.igh Cafeteria Afternoon: :IAT IVT; T-IHI E RI E! M'F Chairman --Allan I;oraas Asst. Professor of Anthropolo,y and Ceology, I'enai Peninsula Corr,unity College. Consultants --Dr. T7illiarr TlorkrTan, Professor of Anthropology, Alaska Methodist University (prehistory of. Southern Peninsula from :;irilc,n-N,, South) Mr. Douglas reger, Reri.onal Arcl,aeolohist for the U.S. FORTS-- O,TRVI('F (rreliistor- of Peninsula, :'ort!. of :,ir_ilchi lc) Pr. Jades I:ari, Peter I'alifor.sl:v, ?`r.s. i'onfor Mrs. Sacalof -- linquists - I:enai.l.anz ua;Ie 1:30 - 2:45 Session 2 :1i-': - 3 : o^ Coffee Breah 3:00 - 4:15 Panel discussion - audience Participation with Panel 4:30 - 6.00 Tour of historical arcl industrial area for guest sneakers and consultants Evening; 6:30 - Dinner at the State Armory, Kenai. Inrvocation: rather Targonsky G - Entertainment - I.enaitze and Russian Dancers Fridav Morning: RUSSIAIi P::PERIT,NCE Chairman --Sister Victoria Consultant--Ynez Itaase., Geographer 9:00 - 10:15 Session 1. Early Russian Period to 1"42 2.1842 - 1367 (Death of Il;uman Nicolai and sale of Alaska) 3. 1067 - 1970 •4. 1970 - 10:15 - 10:30 Coffee Break 10:30 - 12:00 Panel discussion with audience participation 12:00 - 1:30 Lunch: Kenai Central Iligh Cafeteria Speaker: Dr. Robert Frederick, Director of Alaska Historical Commission, Alaska IIistorical Societv Afternoon: ATIERICA: E:{PFRIFiICF Chairman--Ilrs. Hary Willets Consultant --hr.. .Morgan Sherwood 1:30 - 3:00 Dr. Claus :Iaske, Prof. of. history, I'. of Alasl,.a 3:00 - 3:15 Coffee Breal: 3:15 - '4:30 Panel Discussion with audience participation CONFERE'TC7 Oil KT.A",I AREA ITI STORY CONFIRMAT107'. OF TTALS For purchasing meals, during the historical conference, please fill out and -return, with your revittance, t1je Lelow form. Your meal tickets ray j he picked up at the ref, istra Lion desk, near. the Kenai Little Theatre entrance, :Ioveml,cr 7. Russian Meal, Tliursday Evenin- at the Kenai Armory $4.75 Kenai Central E.J.'gh Cafeteria: Thursday, noon Friday, k1loon Total enclosed 2.50 Please mail your real reservation and remittance PRIOR TO I-Torlday, November 4, to: Peggy Cill Thompson Box 15no Kenai Central Eigh Kenai, Alaska 9Q(.11 Your Name Your Address KENAI PENINSULA BOROUGH Planning & Zoning Commission On December 11, 1974 there will be a public hearing in the City Manager's Office, Kenai City Hall, for the following: Rezoning of Radar Subdivision to light industrial. CITY OF KENAI PLANNING & ZONING COMMISSION November 13, 1974 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING, NOVEMBER 131 1974 7:00 P.M., CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, NOVEMBER 4, 1974 ITEM 3: OLD BUSINESS: a. Administration report - Conservation Zone (Kenai River Bridge Area) b. Application for lease (re -submitted) Cook Inlet Industrial Park C. d. ITEM 4: NEW BUSINESS: a. Announcement of Public Hearing (December 11, 1974) b. Work Session - Zoning Ordinances 1. Tide Lands Ordinance 2. City Lands Ordinance 3. 4. c. d. ITEM S: ADJOURN: ,V -" KENAI PENINSULA BOROUGH Planning & Zoning Commission On December 11, 1974 there will be a public hearing in the City Manager's Office, Kenai City Hall, for the following: Rezoning of Radar Subdivision to light industrial. CITY OF KENAI PLANNING & ZONING COMMISSION November 13, 1974 MEMORANDUM TO: THE KENAI PENINSULA BOROUGH ASSEMBLYMEN FROM: C. R. BALDWIN, KENAI CITY ATTORNEY DATE: NOVEMBER 19, 1974 REFERENCE: CITY OF KENAI ZONING ORDINANCES The following is a brief outline of the legislative history and legality of ordinances which have been passed to control zoning within the City Limits of Kenai. In 1964 the City of Kenai enacted the Kenai Zoning Ordinance of 1964. In 1966 the Kenai Peninsula Borough took over zoning powers within its boundaries. As a part of its Zoning Ordinance, it adopted by reference the Kenai Zoning Ordinance, as amended to Decemer 31, 1965, i.e. , the Kenai Zoning Ordinance of 1964. Subsequently, in 1966 the City of Kenai, by Ordinance No. 94-66, purported to adopt a new Zoning Ordinance. Public hearings were held thereon, and the Ordinance was finally passed on May 17, 1966. This Ordinance was adopted after the time in which the Borough took over area -wide zoning powers, and was therefore not validly enacted. A review of the zoning map adopted as a part of that Ordinance, however, indicates that the zoning authorities never realized the Ordinance's invalidity. The classifications set forth on the zoning map are those which are contained in the 1966 Ordinance, rather than the 1964 Ordinance. It appears as though the Borough has consistently applied the 1966 Ordinance to the exclusion of the 1964 Ordinance. The validity of the 1966 Ordinance was first called into question in a memorandum dated May 28, 1974, by Ben Delahay, Borough Attorney. With that part of Mr. Delahay's memorandum I agree completely. The 1966 Zoning Ordinance, although followed by the City and the Borough in zoning matters, has never been formally inacted into Law. Therefore, the 1964 Zoning Ordinance controls. Mr. Delahay's memorandum also called into question the validity of the 1964 Kenai Zoninc Ordinance, as adopted by the Borough. I disagree with that assessment for the reasons set forth in my Memorandum to the The Kenai Peninsula Borough, dated October 31, 1974, which is attached hereto as Exhibit (A) . As a result of the confusion caused by having one ordinance on the books, but applying yet another ordinance, the Kenai City Council and the City Planning and Zoning Advisory Commission decided to request the Borough to formally adopt the Zoning Ordinance which everyone has been applying since 1966. On September 9, 1974, the following documents were hand -carried to Sam Best at the Borough offices: Letter addressed to Stan Thompson, Mayor, from Roland D. Lynn, City Manager; letter dated September 9, 1974 to Kenai Peninsula Borough Planning and Zoning Commission, et al, from C. R. Baldwin, City Attorney; Resolution No. 74-40 of the Kenai City Council; rough draft of the 1966 Zoning Ordinance. These documents, with the exception of the Zoning Ordinance, are attached hereto as Exhibit (B) . The purpose of the transmittal was to request the City Attorney administration of the Borough to review and to propose to the Borough Assembly the adoption of the 1966 Zoning Ordinance. To date, the Borough administration has City of Kenai taken no action with regard to the Ordinance. P. 0. Box 580 Kenai, Alaska 99611 Page One, MEMORANDUM City Attorney Because ofthe apparent foot -dragging ofthe Borough administration . it was determined that the Kena| Commissioner on the Kenai Borough Planning and Zoning Cumm\ssiun, Jon Ne|son, should present the proposed Ordinance tnthe' Planning and Zoning Commission for its review and comment. The result of this presentation was the passage nfResolution No. 74-1 by the Planning Commission' recommending approval and passage of the proposed Kenai Zoning Ordinance. The Resolution and Minutes of the Commission Meeting are attached hereto as Exhibit (C) |tnow appears asthough the administration \sgoing turecommend to the Borough Assembly that the proposed Zoning Ordinance not be passed until there has been a referendum election held on the Ordinance. This proposal has several objectionable features, and raises some unanswered questions: (|) Will the referendum be held Borough -wide by the Borough? If so, then it should be pointed out that the Kenai zoning question is purely a local prnb|en' and is of no concern to individuals living anywhere other than within the City Limits of Kenai. Although the Borough can submit any ordinance to the people for their approval, hwould seem illogical ooincur the expenses nfaBorough-wide election for strictly a local matter. (2) Will the election he held strictly within the City Um|m of Kenai, an if so, by whom? There is no authority under the Borough Ordinances, or under Sta e Law. which would allow the Borough tnconduct anelection which is purely local in nature. It would seem then that any such local election would have to be held by the City of Kenai, with the City of Kenai paying for the election. It should first be pointed out that there is no provision under Borough Ordinance, State La*' or City Ordinance' which would allow the Borough to call a special election within a municipality. The election would have tubecalled bythe City Council and supervised by the administration. In this regard, the Council's wishes have airead-' been made crystal clear. Bythe City Council Resolution referedtoabove the Council has requested that the Borough pass the Zoning Ordinance. The Council further made its wishes known when it passed the Ordinance in 1966. At that time, there was apublic hearing onthe matter, and ample opportunity was given to opponents of the Zoning Ordinance. Additionally, since the passage of the 0rdinenra in 1966bythe Council, opponents ufthe legislation have had ample opportunity tn initiate any repealing legislation. This has not happened. (3) Assuming that the proposed Zoning Ordinance were submitted to the voters for their approval or ro/ection, would subsequent amendments to the Ordinance, or subsequent zoning changes also bc required toyotothe voters for their approval? There is authority which holds that a measure enacted by referendum may not be amended by the- legislative body. The results of the application of such a rule of Law in this case would be obvious. Any opponents of the proposed Zoning Ordinance will have ample opportunity mexpress their positions when a public hearing is held on the Ordinance after its introduction »nthe Assembly. The Law requires nothing more. There is no logical justification for requiring the City of Kenai to undertake the expensive and time-consuming task ofholding aspecial election merely minduce the Borough Assembly toformally adopt a Zoning Ordinance which has been applied and hmi|m°cd since 1906. To hold otherwise would be to set adangerous precedent with respect to all the cities on the Peninsula, where the passage of Borough legislation covering purely local matters is involved. Page Two, MEMORANDUM _='�'` rv MEMORANDUM TO: THE KENA(PENINSULA BOROUGH FROM: C. R. BALDWIN, KENAI CITY ATTORNEY DATE: OCTOBER y1^1y74 REFERENCE: ENFORCEABILITY OFKENA|ZONING ORDINANCE OF 1964 It will be conceded from the outset that the applicable zoning ordinance in this case is the Kenai Zoning Ordinance of 1964. Subsequent revisions cfthat zoning ordinance have been enacted by the City of Kenai, but those revisions have not been enacted by the Borough, which is the exclusive agency for zoning legislation. The Borough Zoning Ordinance enacted for the City ofKenai the Kenai ordinance as amended to December 31, 1965. The ordinance in effect at that time was the 1964 Kenai Zoning Ordinance. In aMemorandum dated May 28' 1974' Ben T. De|ahay' Borough Attorney, called into question the validity ofSection 2O.1n.1VofOrdinance No. 15 adopted bythe Borough which adopted the Kenai Ordinance nf1VO4. |twas asserted in that memorandum that the zoning laws ofKenai could not beadopted by reference bythe Borough Assembly because ofthe provisions ofA.S. 29.48.170 which provide that an assembly may in a single ordinance "adopt or amend by reference provisions of a standard published code of regulations." The inference drawn from this statute in Mr. De\ahay/s Memorandum is that nothing can be incorporated by reference other than "technical regulations" and the manner of adoption can only be as set forth in the statute. | take issue with that Interpretation for the following reasons: 5McQuiUin' Municipal Corporations, % 15.25 holds that "an ordinance may byreference adopt the provision ofother laws, either statutes orordinanpas." In enacting A.S. 29.48.170 the legislature obviously took for granted she tact that a municipality has the inherent power to adopt an ordinance or statute by reference, but the legislature went one step further and empowered municipali- ties toadopt by reference other than statutory material i.e. technical regulations. To hold that statute which on its face purports to extend a municipality's power menact technical works by reference should beconstrued as limiting that municipality's inherent power ouenact statutory material by reference is hardly persuasive logic. 5 McQuUiin, Municipal Corporations' % 16.12' while indicating that an ordinance may adopt by reference the provisions ofexisting statutes orordinances, also indicates that "generally speaking' incorporation by reference of standard ordinance or code' without more, cannot constitute the effective and valid enactment of an ordinance. Nor does it suffice for enactment of such ordinance or code merely to leave copies ofitinthe Clerk's office and then refer to it inanordi- nance duly passed." / The purposes sought ombe served by laws delineating the requirements of ordinances are generally those due process requirement such as notice and � certainty. Sec 5 McQu|||in' Municipal Corporations, % 15.24. |nthe case or the 1964 Kenai Zoning Ordinance certainly that purpose isserved. Those indi- vidua|swho would be more concerned with the zoning laws for the City of Kenai have better access to the Kenai Code than they do*zthe Borough Code. There can be no doubt but that the due process requirements ofnotice and certainty are met in the instantcase. Applying the facts of the T|bbets matter to the 1964 Kenai Zoning Ordi- �i�vof%onoi nance=e�ndas«n\|m°s' The property nn"vhichthe Tibbetsgarage islocated �� Box � ' Kenai, Au�u is zoned suburban-res|denba|' The present zoning map for the City of Kenai has broken the residential classification down into 3separate categories: urban. ru"n|' and suburban. These separate categories are not material to the instant case because the 1964 Kenai Zoning Ordinance recognizes only one classi- fication, i.e., residential. Therefore the suburban- ~esidenba| classification can only be treated as being within the residential classification under the existing code., Section v o[that ordinance lists the uses permitted in residential zone. A public garage is not among the listed usages' so the garage would be anon- conforming use. That use is therefore subject ,oabatement unless either variance had been granted which would allow the use hucontinue, or such non -conforming use was in existence at the time of the enactment of the ordinance (see Section 13) . From areview ofthe minutes ofthe City Council |tbecomes obvious that novariance has been granted, however, at the time the garage was operated by David Hauen the City Council held that Mr. Hauen/suse was anon -conforming one which, due to the prior use which had been made of the property should be allowed to continue. From the statement offacts set forth above, it can be seen that that use was discontinued and had been abandoned for a period of over one year. Section 13,A-1 of the 1964 Kenai Ordinance provides that "if such non- conforming use is discontinued for a period of over one year or is abandoned, the use of such land thereafter shall be subject to the provisions of this ordinance." It is submitted that the Tibbetsgarage falls within this provision. The City Council held that Hatten's use was an existing non -conforming use which could be con- tinued, but the lapse ofthat use brought the land within the purview ofSection u. residential zones' making it incumbent upon the subsequent purchaser to conform his use 10that provided for by the zoning ordinance. City Attorney City of Kenai P. 0.8m580 Kenai, Alaska 99611 hibit (B) September 90 1974 Mr. Stan Thompson, 'Mavor Kenai Peninsula Borough Soldotna, Alaska 99669 fit.. Dear Mayor Thompson: The Kenai City Council at its regular meeting on September 4th passed Resolution 74-40, a copy of which is attached. The Eanai City Council wishes to express its concern over the fact that the City of Kenai Is Zoning ordinance is not being enforced doubt doubhas been cast upon its validity. Consequently, Council urges the Kenai Peninsula Borough to adopt the attached zoning ordi.nance for the City of Kenai. Thank you for your attention.to this matter. Very truly yours, Roland D. Lynn, City Manager RDL:sp Attachment, CC: Mr. Ron Malston, Chairman Kenai Planning z Zoning Commission Mr. Sam Best, Director. r I September 9, 1974 Kenai Peninsula Borough Planning & Zoning Commission Mayor and Assemblymen of Kenai Peninsula Bovough Box 350 Soldotna, Alaska 99669 Gentlemen: As you are no doubt aware, doubt has been cast upon the validity of the zoning ordinances enacted by the Gorough for the City of Kenai. The attached ordinance, when properly adopted by the Borough will hopefully clear up that situation and remove all such doubt. Your prompt attention to this matter will be greatly appreciated by both the Administration and citizens of the City of Kenai. Sincerely yours, _ 'Z ^� C. R. Baldwin City Attorney RESOLUTION 74-40 WHEREAS, the Kenai Peninsula Borough has by ordinance adopted the 1964 City of Kenai Zoning Ordinance; and, WHEREAS, in actual practice, the 1966 City of Kenai Zoning Ordinance with subsequent revisions has been used as the effective Zoning Ordinance; and WHEREAS, doubt has been cast upon the validity of such Ordinance as revised; and WHEREAS, the attached revision embodies the Zoning Ordinances of the City of Kenai, to date. NOW, THEREFORE, BE RESOLVED by the Council of the City of Kenai that: The Kenai Peninsula Borough is urged to adopt the attached codification as the Zoning Ordinance for the City of Kenai. Passed this day of 1974. ATTEST: Sharon Loosli, City Clerk CLARENCE E. JOHNSON, MAYOR a:; -.xhibit (C) INTRODUCED BY: Jon `j�l.son DATL . 'voveml,, -r It. i KENAI PENINSliLA BOROUGH PLANNING CO'MISSION RESOLUTION NO. 7,1-1 A RESOLUTIO'd RFC;O'.2',TE`TDIN"7r APPROVAL AND PASSAGE OF AN ORDINANCE ADOPTL` G A i ZO vI',G CONE FOR T__ CITY OF KENAI ji l I _" , S c _ion 20.10.30 (a) ( 5) of the Kenai Peninsula Borough Code of Ordinances provides that proposed changes in the Borough Zoning Ordinances initiated by the Assembly or by a City Council shall first be referred to the Borough Planning Commission for consideration; and WHEREAS, the Council of the City of Kenai has requested the adoption by the Borough of a new Zoning Ordinance for the City of Kenai; and WHEREAS, Section 20.10.5 (e) of the Kenai Peninsula Borough Code of Ordinances provides that the Planning Com- mission may consider and investigate subject matter tending to the development and betterment of the Borough and to make recommendations it considers advisable to the Assembly; and WHEREAS, the Planning Commission has so considered the proposed Zoning Ordinance for the City of Kenai and has determined that the passage of the Ordinance would promote the development and betterment of the City of Kenai and the Kenai Peninsula Borough; NOW, THEREFORE, BE IT RESOLVED by the Kenai Peninsula Borough Planning & Zoning Commission that the Commission recommends to the Borough Assembly that the proposed Zoning Laws for the City of Kenai be adopted by the Assembly as expeditiously as possible. ADOPTED BY THE PLANNING COP41l4ISSION_,OF THE KENAI PENINSULA BOROUGH TRIS DAY OF 1974. CHA I R"IAN ATTEST: Planning Department Secretary '7"AI PZNINS;;LA BO OUG PT—),.V-ING PAGE 15 'SING C01,211ISSION 41.ETItiG VOS,*=ER 4, 1974 2. Resolve the ownersrin with the staff of the followin7 ten acre tracts located within Section 12 of this plat.,SL S • k-,, as borough records do not show Kemming as owner. 3. Sues> -est labelin7 the basis of bearing on the dia- gram showing retracement survey. 4. Suggest renarr..n�r Brid7er Place to Bridger Circle and Pitzman Road to Pitzman Avenue. 5. The Kenai Penins._la Bono; qh Pl annina Corimission ^n -c nolic, c. e=ni~z --•.---_asl:a Lep_zt. nen' ., of Envir- onmental Conser "Sion Frastewater Disposal regu- lations. Commissioners Suszka/Hines moved to approve the plat subject to the staff's recommendations. The motion carried unani- mously. AGENDA ITEM F: Corps of Engineers Permit 1. Union Oil Company Mr. Best noted that this application concerns a'permit to drill an exploratory well within the State of Alaska Oil and Gas Lease ADL -53389 in Cook Inlet approximately 3 miles southeast of the Vest Forelands. Mr. Best stated that this exploratory well would be in the same vicinity as the other exploratory wells and noted that the planning staff had no objections to this permit being issued. Commissioners Suszka/English moved that the planning com- mission voice no objections to the issuance of a Corps of Engineers' permit to Union Oil Company for the purpose of drilling an exploratory well. The motion carried unanimously. 2. Homer Electric Association Mr. Best reported that this application concerns a permit to place a 14.4/24.9 KV submarine power cable across Kachemak Bay from the end of the Homer Spit to the west side of the mouth of Cina Poot Bay. Mr. Best then suggested that the commission reserve comment until the critical habitat information has been received from the Alaska Depart- ment of Fish and Game. Commissioners Suszka/Hines moved to make no comments on the Corps of Engineers permit for Homer Electric Association until the critical habitat information is received from the Alaska Department of Fish and Game. The motion passed with unanimous vote. AGENDA ITEM G: Kenai Zoning Ordinance Mr. Best stated that the planning staff had not had time to go through the Kenai Zoning Ordinance and was not ready to comment on the ordinance at this time. Lor. Best sug- gested the commission recommend the city representatives introduce the ordinance at the next assembly meeting. Commissioner Nelson stated that the ordinance will be intro- duced, but the City of Kenai wishes some action from the Borough Planning Commission before taking the ordinance to the assembly. Chairman Dimmick asked Commissioner Nelson if the ordinance could wait until the commission and planning staff had more time to look over the ordinance. Commissioner Nelson replied that action on the zoning ordinance had already been delayed and that the City of Kenai needed the zoning ordinance ap- proved as soon as possible. Commissioner Nelson felt .that if the planning commission endorsed the zoning ordinance, JI)HOL(iii'PLA:.TiiNG r )NTING CONVIISSI`1N ME1:TI^:(_y PAG_ it N07:"IrT:R 4. 1.17t it would ta.t.e r. !)et:ter chance of passing the assembly. Cormn4_5sioner _ .' lson f ,rt,er Stated that the only major chanr;e was in Section 16 concerning mobile home parks. rhair!i7an Diminic:S wished to emote that if Commissioner Nelson asked for _I:' )r '^.t of t zoning ordinance at this time, without the plar_nin- stiff's recommendations and without the clannin"r corinission having more time to go over the ordi- narce, she -.,oF ., d rave to vote azainst endorsement of the zoning ordinance. co!"'S^,_ssion- 'T ii ^C.._.. t'; City of Kenai rerresentatives S::Z,uIC "J .....c i.ne ordinance to t .? assembly w.`.ile te,r'�...._..':" .....,.__Jrl ...,s re.'iewinT it. ro!=-issione, S�lson r,:, iiaci t t::F City o; Kenai wanted the running comaissioa's S -k -port before they introduced the ordinance to the assembly. Commissioners English/Suszka !roved to adopt Kenai Peninsula Borough Resolution ':o. 74-1 which is a resolution recommending approval and passage of an ordinance adopting a new zoning code for the City of Kenai. The motion passed by the fol- lowing vote: YES: Commissioners Cunningham, English, Hines, Nelson Palm and Suszka NO: Commissioner Dimmick AGENDA ITEM H: Other Business 1. Alaska Municipal League - Commissioner Suszka Commissioner Suszka reported that the meeting was very inter- esting. The main topic seemed to be the oil impact money i.e., what to do with the money and who was going to get the financial assistance. Commissioner Suszka noted that there were many professional planners who seemed to be checking out the Planning Association. Commissioner Suszka also noted that it was interesting to talk to people from .. different areas and hear what problems they were encountering. 2. Kenai Area History Conference - Chairman Dimmick Chairman Dimmick asked if any of the planning commissioners planned to attend the Kenai Area History Conference, November 7 & 8, at the Xenai Central High School Little Theater. Commissioner Nelson stated that he would attend, Commissioner Hines noted she would try to be there, and Chairman Dimmick stated she would attend. Mr. Best noted that Carolyn Thompson would probably be going to the con- ference as a representative of the Borough Planning Department. AGENDA ITEM I: Director's Report Mr. Best reported that the policy statement from the Alaska Municipal League will be forwarded to the commissioners as soon as it was received. !tr. Best read some of the different legislation that was brought up before the Municipal League. Mr. Best also noted that the Mayor has reappointed Mrs. Audrey Barefield as a member of the planning commission. Mrs. Barefield will probably be confirmed by the assembly on November 12, 1974. AGENDA ITEM J: Adjourn The meeting adjourned at approximately 11:30 P.M. The next regular scheduled meeting will be November 18, 1974. I December 6, 1974 Mr. Wayne J. Cherrier Cherrier and Cherrier 124 East 3rd Avenue Anchorage, Alaska 99501 Dear Mr. Cherrier: I am returning to you your check number 7200 for $150 which was sent as escrow money for Lots 2, 3, and 4, Block 1, in the Cook Inlet Industrial Air Park as well as a copy of the minutes from a recent Planning and Zoning Commission meeting concerning your application for a lease. As you can see from the minutes, the Planning Commission recommends that your application take into consideration the recommendation made by the Planning Commission at its meeting of September 25. However, recommendation number 2, concerning a minimum of .03 cents per square foot, may be sub- ject to amendment as soon as the appraisal of airport properties is completed approximately December 15th. Onee this is done, I will notify you as well as other individuals who expressed an interest in leasing airpottpproperty and then sub- mit the revised lease application to the Planning Commission along with my recommendations. Hopefully, all of the paperwork can be completed no later than the end of January. Thank you for yourppatience and interest in leasing land from the City of Kenai. Vary truly yours, Roland D. Lynn City Manager RDL:sp Enclosures