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HomeMy WebLinkAbout1975 P&Z~~ KENAI PEPJ INSULA BOROUGH ~ P~O. BOX 850 ~~ r\ SOLDOTNA, ALASKA 99669 ~\ 262-4441. PJOTICE OF PLA'~J/JI-JG ~OMMISSI~(J ACTI~J(J MEETING HELD: /~-C~~/- ~Y .NOTICE T0: Q -SURVEYOR ~~ ..SUBDIVIDER. CITY.~F: ~I HOMER KENAI ,L-7 SELDOVIA Q SEWARD ~~ 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 PRELIMI~JARY PLAT H.~S BEEJ: 0 Approved, the subdivider may proceed with preparation of the final e 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. 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~ Disapproved for the reasons listed in the attached minutes. Q Tabled for the reasons listed in the attached minutes. THE FINAL OR PRELIMI-JARY/FIPJAL PLAT HAS BEEJ: ~- Approved, the subdivider should now obtain all needed signatures on the original plat and two (2) co ies, 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 mist be met prior to the record- ' ing of the plat. 0 bisapproved for the reasons listed in the attached minutes. Tabled for the reasons listed in the attached minutes. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE, PLANNING DEPARTMENT, MRS G~ S. BEST) K~~".TAi PEtii'vSL?L.3 BO ~OUGi Pi..av~vING ~~: Z0~1ING COhiD1ISSI01 ?:iEETI?QG PAGr NOV^r~z;?l cl 1r.,7~ i'. Suggest the subdivision be renamed to avoid confu- lion with several similarly named subdivisions in the nearby vicinity.. S. Convert angles to bearitgs for every lot line. 9. fihe i.enai Peninsula 3orough Planning Commission- poiic=,~ concernit.~ ti.~ _9laska Department of Envir- on!nental Conserv:~tion 4astewater Disposal F.egu- lations. In addltinn, tl":e ;'}iai?. !"-~ S±l`f r~'7UeStS th° SitrVE',~Or t0 submi is a c~-y o ~ :is ~~,.r~ ~cor' s l icense , or receit~t for the Curren ;•G.r~ ~e>~~stration, siilee the license number shown on the f,~iat does not apt:~ear in the current listing of State of Alaska Lard Surveyors. Commissioners Suszka/3ines moved to approve the plat subject to the staff's recommendations. The motion carried unani- mously. 7.2. Crabaugh Subdivision (Preliminary/Final) Mr. Best reported that the planning staff had not had time to write a staff report on this subdivision plat.. The Y,enai Advisory Planning Commission has reviewed the plat. Pdr. • Best asked the commission to approve the subdivision plat subject to the City of Kenai recommendations and the Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations at this time, and the staff can work out the other problems with the surveyor. Mr. Best also asked the commission for approval of the exception to the 25 ft. side yard requirement on the west side of Lot 1 as the street is a cul-de-sac with no through traffic and a 17 ft. side yard should be adequate. Commissioner Nelson stated that the Kenai Advisory Planning Commission had approved the plat. Commissioners English/Nines moved to approve the exception request concerning the 25 ft. side yard requirement. The motion carried unanimously. Commissioners Nelson/Suszka moved to approve the plat subject to the staff's recommendations. The motion was unanimous. 12. Sea Gull Park Subdivision (Preliminary) .Located in the Happy Valley area, this subdivision is approx- imately 7z miles north of Anchor Point on the Sterling Highway. The planning staff has reviewed the plat and recommends nre- liminary approval be granted subject to the following being accomplished on the final plat: 1. Jtility easements as requested by HEA being shown. 2. Vacation of section line rights-of-way as shown on the plat being resolved prior to final approval. 3. Corrects the numbers and boundaries of the Government Lots. 4. Show the interior road rights-of-way within the SW~ SW~ with solid lines. 5. Show the status of the land surrounding the subdivision, i.e., subdivided or unsubdivided. 6. Label the township and range numbers on the vicinity map. - 1~ INTROD7~CED BY : Jon '1Te1 son \~, 1 Dr~TE : ~,'over~iber 4 , 1974 ~~ KENAI PENINSUL_~ ~30ROLTG~i PLANNING COM~~IISSION RESO.Z~Ui'ION NO. 74-1 A RESOLUTION ?~E'CO">?~!iENDI^YG ApPR:JVAI, AND PASSAGE OF AN .ORDINANCE ADOP'I'I~G :~ '?E~'~~ ~O'dI'yG CODE FOR THE CITY OF KENAI T~t~EPLEP~S, ~~c~ion 20.10.29 (a) (5) of the Kenai Peninsula Borough Code of Ordinances provides that proposed changes in the B©rough Zoning Ordinances. initiated by_the Assembly or by°a Citti Council shall first be referred to the Borough Planning Commission for consideration; ar_d `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- mssion may consider. and investigate subject matter tending to the development and betterment of the Borough..andto 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 he 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 fore the City of Kenai be adopted by the Assembly as expeditiously as possible. ADOPTED BY THE PLANNING COi!~IMISSION„OF THE KENAI. PENINSULA a BOROUGH THIS ~ -~ DAY OF j / _~ = ~.. _ •:---~ -; ,-- , 19 74 . ,_~ ~.~.~ ~ ,, „~ ~,%/ ; - AIRMAN ATTEST: ;, Planninn Department. Secretary ;3 ~L..r ~. 1,. F ~* KE.Vr'lI PE'vItiSTJLA BORCL'Gii F~=V^QI_~ r 70~1I~TG CO'd_",'lISSICN nis,ETI;Q:i PAGE 15 NCL'E'T3ER 4 1:374 2. Resolve the ownership with the staff of the following; ten acre tracts loc~.ted within Section 12 of this p- ~~..,,, ,1 .,, ~.~, g~ .records do lat: ~ ~~,.-+~-;:, 5r -.-ti~~ as borou_n not show emming as owner. 3. Suggest labeling the basis of bearing on the dia- gram showing retracement survey. 4. Sugest renaming' 3ridger Place to Bridger Circle and Pita~nan Foa~i to Pitzman Avenue. rJ. Ttile 'e?;~:.i Fa??1"?S:;l~ ~Or012~''1 Planni_^.~' ~'~JI•L^:llESlOn : poliCj' C,n`'~~., .'_^, C ~~ _,l~_a ~C-part"]ent C:'F Envir- On2c~n:?1 ~'G'nsE:rVatiOn ~1aStewat2r~1SpOSa1 regU- latians. Commissioners Suszka/Nines moved to approve the plat subject to the staff's recommendations. The motion carried unani- mously. AGENDA ITE'~1 F: Corps of Engineers Permit 1. Union Oil Company Mr. Best noted that this application concerns a permit to drill an exploratory well ~.vithin the State of Alaska Oil and Gas Lease ADL-3389 in Cook Inlet approximately 3 miles southeast of the Nest Forelands. P.4r. 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. 4rIr. Best then suggested that the commission reserve comment until the critical habitat information has been received from the Alaska Depart- went of Fish and Game. Commissioners Suszka/Nines 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. P.4r. Best sug- Bested the commission recommend the city represent~.tives 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 Co?nmission 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 iQelson felt that if the planning commission endorsed .the zoning ordinance, .~, ~« i hr;3l P~:vIN{SIILA f30ROtiG$ PLr1N_VI~'iG .> BONING COhf?.tISSION PrIEETING PnCE 1~ NO~I?`fBEIi 4. 1974 it rvouid have_~. better chance of passing the assembly. Coelrnissioner 'nelson further stated that the only major chance was in Section 16 concerning mobile home parks. Chairman Dimmick wished to note that if Commissioner Nelson asked for cn~forseTMent of the zon?n?; ordinance at this time, without the planning staff's recommendations an3 ~rithout the planning co;emission having more time to go over the ordi- nance, site <,vould have to vote against endorsement of the zoning ordinance. Comu i.~s n„~.r 'n^'_1_.~a `? ~~.,_:.+ the City of ?ie~ai representatives should o ,,_. _ . ,a., _r _ _ ~,: ~ c;he or:iinanee to t__"_e assembly W111.19 ?'n2 r'1 ._....... :J:.::'1::::1131 6'E.ti rep 1e~{ ins: i ~ . CO.~ri:'_Si31.GnBr Nelson red 1a~, i t;1 cc the City of isehai wanted the _~lanning commission's rapport uefore they introduced the ordinance to the assembly. Commissioners English/Suszka moved 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 N0: Commissioner Dimmick AGENDA ITErB 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 Rz 8, 1t .the i{enai 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. D4r. Best read some of the different legislation that was brought up before the bunicipal League. Mr. Best also noted that the "dayor has reappointed P,4rs. Audrey Barefield as a member of the planning commission. Rlrs. Barefield will probably be confirmed by the assembly on Iovember 12, 1974. AGENDA ITEIt4 J: Adjourn The meeting adjourned at approximately 11:30 P.!!i. The next regular scheduled meeting will be November 18, 1974. 'i ;'x:,37 ..'r."~i'~~i.,._.". ;=5'~_i,T-'i(~i.'r:i. "b:'ET1~C; GF` Tir' PT A^jNI:~(Y 8; ZO'~,I~dG ~~(?5?:1ISSIU'~I - OC^_JB^R 21, 1_x',7 ': 3R ?>.'~,1. -- fiC1MEY HIG3 SCii00L LIB3IRY - iiO'~~rH '~ G x' 'd U 9 A, Cal l ';:o O~•:]er bZ Arc :'. ...~. ?rip 1"gi..i .i. ~.. L:-J.er ~, I ` -=:r: ~ ~_ - :.i r;> C i Ffs Subdivision ~. A~^~~ _~oc•ki a1 _..ir.utes •- October 7, 1974 D. Pub lic hearings Homer,.-City 1. Use Permit for ~4obile Home Park - Shoultz >zC Son Const. Homer, City 2,. ~.. °. Bell Subdivision, 1974 Tract D F. City of Romer Plat Considerations Homer, City 1. Early Spring Subdivision (Preliminary) Homer, Cit,v 2. Hilbish Subdivision, Tract 1 (Final) F. Consideration of Submitted Plats homer 1. Diamond Estates Subdivision (Preliminary) Kasilof 2. .Avila Homestead Tract A (Preliminary/Final) N. Kenai 3. A.S.L.S. No. 74-154 (Preliminary/Final) Sterling 4. Moose River Estates Subdivision (Special Consideration) N. i~enai 5. Georgine Lake Subdivision, Addn. No. 1 (Final) Soldotna, ~i ty G. Mooring Estates Subd. Hart Two (Final) Cohoe 7. i;ohoe Estates Subd , Addn. No. 1 (Preliminary) Tustumena 8. Tustumena School Site, Tract A (Preliminary/Final) Kenai, ~ity 9. Davidson Homestead Tracts B & C (Preliminary/Final) Kasilof 10. Rayne Fellers Subd., 1974 Addn. of Tract 10 (Prelim; Final) DELETED 11. High Cliffs Subdivision (Final) Kasilof 12. Resubdivision of Tuttle Tracts B & C (Final) Anchor Point 13. Hidden Hills Subdivision, Addn. No. 2 (Preliminary/Final) G. Water Quality Management Study (Final Comments) H, Other Business 1. Kenai Zoning Ordinance (Commissioner Nelson) T. Director's Report 1. Kenai Area History Conference 2. Subdivision Ordinance - Work Session 3. Plat Committee J. Adjourn NEXT SC~IEDULED ',I.rLTI:1G - idOVEP1BER 4, 197.4 '~YAT r r. ^:I S',LA ~30ROUGH t"~~,ETZNG OF THu PL.a~i";I:VG ~Z ?~?*si~vG CO^h4TSSION - OCTOBR 21, 197-? 7:30 P.PES. - .30:~i:_:R _Z~'',-._r3 SCi00L LIBRARY - HO':I=,R AGENDA ITE°1 A: ^ai1. to Order Chairman Dsrnmic?~. called the ^~eeting to order at approximately 7:50 P. ":1. ~~,,~, ?R.E...~V1: Com~^~:issioners A~~~nason, Cunningham, Dimmick, Engliski, -elson aid S:.sz~r A='SENT: Com-~issionersrli.nes, Palm and Rounds OTHERS IDENTIFIED AS PRESENT: Nick Gangl, Homer Advisory Planning Co_•nr!mission Sam'"Tatthews, =Lo?-rer Advisory Planning Commission Aiargret Pate, Homer Advisory Planning Co.Ynmission Jim Saling, Homer Advisory Planning Commission ' Deane Seetham, Homer Advisory Planning Commission G. S. Best, Planning Director Henning Johnson, R.L.S. . Ken Branch, R.L.S. Hazel Heath, Homer ?dayor Jack Greene, Homer City Pdanager Howard Keiser, :1DEC Ernest Souja Ralph Miller B. E. Uminski Francis & Dorothy Parish Clarence Fry "hrs. F;rarich Yule Kilcher ' Rita & Leroy Shoultz Asaih Bates, Homer City Councilman Milt Turkington Ann Robinson W. S. Miller ' Mr. & Mrs. Duane Belnap Mrs. Jon Nelson Carolyn Thompson, Planning Department RTendy Kitchens, Planning .Department There were approximately 10 other unidentified individuals present at the meeting. AGENDA ITEM B: Agenda Approval Commissioners Suszka/English moved to approve the agenda deleting .item F-11, High Cliffs Subdivision. The motion passed unani- mously. AGENDA ITEb4 C: Approval of Minutes - October 7, 1974 Chairman Dimmick asked if there were any corrections or addi- tions to the minutes, other than the ones she had given to the planning staff. Commissioner. Suszka wished to note that the correction she noted on the minutes of the September 23, 1974, meeting was not accomplished, which was on Page 9, Agenda Item I-4, Subdivision Ordinance. The minutes read "The commissioners ` did not have their copies of the subdivision ordinance", but should read "Commissioner~Suszka was the only commissioner who had the subdivision ordinance at the meeting". Commissioners Amundson/Suszka moved to approve the minutes of October 7, 1974, as corrected. The motion was unanimous. ;•t ?. ~.'iSi~_~:1 .3t~,'~~)~~~_ ~'.:.'.v'.I':~C; '~O~~ING C;OMA'ISST~)'vi :1'~. ---~''' r c 7: ^. . i' li:~ 1....:_'1 ~: UJ7,1.1.C'.iear.i.ng6 ~ , Shoultz ir. Son ^onstruct.ion (Use Per^~it 3equest) u~:~>t 'sir ~ i e ~e ;nit t~~ cunstruct ar.d o_~erate a til.e ~- , '~ Zvi' ~ .. a n ~;~c~,:ti.-i1 i ?~) District in the C; :. of r i.:, ~ateG' a~ .ro:<:ix~atel.y 3/4 mile northeast of t,_~ Las °;.1 In ~/i', :... _..~ ~ i:-,. intersection, near the :>olaui. "!ast~ ;ite. vopies~'.,f the trailer court layout were '_ 5es;. _~e ,..-_. ~_.,1 "ot ~e ..~cn =,cas rui.lis !;.~ hed in t cFrni-fr r..:z s_ ir.~it. Cjf t..e t,venty notices of tie t;'ic ~arir~ v+lrich ;ere SLnt out by certified mail to land owners located within 3~;0 feet or adjacent to the subject property, 16 return receipts have been received to date. 'ar. Best next read the letter of request from Shoultz k; Scn -Construction, a letter of non-objection from Mr. i°7alter Johnson, and a letter of objection from A4r. Clem Tillion. These letters are on file in the Borough Planning Department. The 1~lanning staff has reviewed the request for a use permit and recorm~ends the Planning Commission grant the use permit ` subject to the following being accomplished. 1. Non-objection and recommendations from the City of Homer. 2. Obtaining a permit from the State of Alaska, Depart- ment of Environmental Conservation as per Kenai .Peninsula Borough Ordinance 73-7, Mobile .-Tome Parks, as well as the Alaska Department of i~ealth and Welfare. 3. Completion, as per i{enai Peninsula Borough Ordinance 26, of the subdivision plat "Early Spring", which will be taken up later. Chairman Dimmick opened the hearing to the public and asked each speaker to state his name for the record. Jack Greene, Homer City r.4anager, noted that the letter of request from Shoultz & Son Construction stated that city water would be available for the trailer court. He wished to inform the commission that there were problems with the right-of-way, so there was no guarantee that city water would be available. Ernest Sonja, nearby property owner, stated he was building a home on his property and he wished to go on record that he opposed the use permit for the trailer court. Mr. Ralph Miller, nearby property owner, opposed the trailer court use permit because future sale of surrounding land could be hurt. 111r. nfi.ller stated that added traffic, people, kids, dogs, etc., ;vould create a problem.' blrs. B. E. Uminski, nearby property owner, read a letter of objection to the use permit for the trailer court, which is °'on file in the Borough Planning Department. Mr. rrancis Parish, nearby property owner, n.lso opposed the tr~.iler court. n!Ir. parish felt that a trailer court did not ,:.belong in a residential area. "Irs. Dorothy Parish stated that the trailer court could lessen the value of surrounding private property. Mr. Clarence Fry, nearby property owner, ,wished to go on xecord as opposing the trailer court use permit. ~ivNAI PE'4L'VStiL.9 B©°OLGS:I PL9ti~`,IN~J ~, ZONING COtS~VIISSION RtELTTnir pF,G'~ 3 .m ~ _ .OS3~R ?1 i9^n Mrs.rranich roteci that if there is a good residential area and if a^. exception is macze, ;;sere ~;~oulu soon be a hodgepodme of residential and commercial baiidings in one area. dirs. i~ranich felt that an area s~.auld either be Residential or Conunercial . blr. Yule I~:ilcher, adjacent lard o~i~ner .and. original owner of the land in questio:~, stated that he had two alternatives concernin this iar,d. rie could either sell the land or build a series Gf c '~zn G:; t~e la~_d for renting. *ir Hitcher f<.1t t ~ ~i, r ,µ t c_ ;-..,y be . ~ nr ~ y ' `~ CO 1..1d~ P~ _ ,.~ldentlal ii"1u ~~'-: ~--~? ~ .z''_1 "5 -'.i-'lam; v r5G ...~ti'e 1n a tral.ler 'lr e nOt tray?sients, 'irs. Rita S::oultz, owner of tl.e Land in question, stated that the li. S. Government recommendation was that since trailer parks were considered residential, they should be in a Residential Zone. itIrs. Hazel Heath, City of Horner r.4ayor, stated that the trailer park was very well laid out and she didn't think it would hurt the residential area. Mr. Leroy Shoultz, owner of the land in question, stated that the rent in the trailer park would be higher than normal, due to the large tracts. There will be trailer size limits, the renters will have to sign leases (to discourage transients),. .storage sheds or lean-tos will have to be approved by the management before they can be built. The lot sizes will be approximately 50' x 100', the land surrounding the trailer park will be left as natural as possible, and there will be a green belt surrounding the park. City water is not a certainty at this time, but water is no problem, and there will be on-site sewage. No laur_dromat is planned for the trailer park and underground wiring will be used. Refuse disposal will be in the form of a dumpster maintained on a contract basis. There will. be three accesses to the trailer park. Mr. Shoultz finished his statement by noting that the trailer park will be a planned residential area. Chairman Dimmick closed the public hearing, as there was no further testimony to be heard, and recessed the Borough Planning Commission meeting so the City of Homer Advisory Planning Commission could act on the. use permit request. After the City of Homer Advisory Planning Commission acted to grant the use permit request, Chairman Dimmick called the Borough Planning Commission meeting to order. Mr. Best read the planning staff's recommendations again, concerning the use permit request. Commissioner Nelson asked Itlr. Best how many actual letters were received from the certified mailings sent out. Mr. Best replied there were three letters, one in favor of the trailer court use permit and two opposing the use permit. Commissioners English/Amundson moved to grant the use permit subject to the staff's recommendations. The motion passed unanimously. 2. W. ft. Bell Subdivision, 1974 Tract D This subdivision is located on West Hill Road approximately 3/4 mile north of the junction with the Sterling Highway in the City of Homer. W. R. Bell Subdivision was recorded on December 13, 1968. The final plat of 4V. R. Bell Subdivision, 1970 .Addition, which included Tract D, was approved by the Planning Commission on July 6, 1970, and recorded on July 22, 1970. LV. R. Bell Subdivision, 1974 Tract D, preliminary/final was approved by _. ~. T ..:chi i-_'t-. ._. '1..H .^ ..v '..; ~.. ~J`'~i~V (~ i:.C~.._:l'IISSIU.'~ ~'I~T'_ ... ? ^. , t c 1'~~snur;'h ! la::n;^-~ Co~~Ym:issiori or, ~lu~ust l9, lc^.~ subject. eU S'. { r-r J'.-,.,e._.,: ~tC)r ,...... ;>:1 ~+C~:E.!?ibrr ~ ~ 1 Upon :CECE:iC%111_T, l:t? S%!1.ST Y't;30rt, I1L LSvrOll~'h Pl'dni7ln;;~0001'1?1SSlOn ._:?nu':l 1.Ui?I? ~ i .'a:-~ r. "; .. .. ;~1. 3.+ ::.one COai11LlO.i7 (eas ~~he n~ ~ - ,sz 'rJ<)^ler's ~ ,o,°.„- '+.tl ns. c'.vevFr, on Senteml:er 4 197~'Y the t1 t.~seT :~.4 a.Gl~' Y.La?l:il'_".¢~ l:Oli~~15S]_On rejected L~.(3 plat dUF tc=r, _;,-1 + :d ~. ~_i c',_ ;_s a:_-•, o:. Septe::Yber 9, __ ~ 4, *1:~ -inure- .,its Cs:_. ~~~_~ ~..r!1„d t e ')i:1L to them -lest _ __;ular sneering ac egt.e5tea t:-_e Aa~-isory Plannin Co;n^:lission to _ ~ our r n~ y.$( _ _. ~.... _._ ..___ «l.; r?rl to P. 7~13.t. rS~.^. :~ ..! ~' fi 0.__ „ Y: '... .. .. _.__. ._. .. r _ .. i(_.~"!I~er ~~~~, ~/ _ .all i~«~, _ , z^7^ , u ~+. _ ~ . ~ -+ ._ . w _ _°ar r~=cordatien by ae,~ Llr ;"tae Cii-`y' ~~ ':`t.. 'S_ C.'?:"'_..,i~.tiiOnS. uinC6 thin, 1t w?1S 3.~,r~@d to hold this pui~lic hearing Lo resolve the differences con- cerning the approval of this plat. ivir. Best read the Public Notice ~x~hich was sent to known. iniere~:~ted parties by certified mail. All return receipts from the certified mailings of the public notice have been received. Mr. Best then read letters received from Jack J. Greene, City Manager of Homer, Richard W. Robinson, nearby property owner, Father Richard Strass, representative of Earl and Laura Sheridan who are nearby property owners, Kenning N. Johnson,. registered land surveyor, and Dene Reber, plat owner. These letters are on file in the Borough Planning Department. idr. Best went over the staff recommendations as presented at the Borough Planning Commission meeting on September 3, 1974. ?_. The plat be renamed to Resubdivision of Tract D, W. R. Bell Subdivision. ?< Utility easements as requested by HEA being shown. 3. The recommendations of the City of ?comer. 4. Submit a written statement concerning the proposed land uses, water system, and sewage disposal. 5. Label length and bearing on east side of Reber Road at junction with West Hill Road. G. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Mr. Best noted that items 1, 2, 4 and 5 have been taken care of. The planning staff suggests the Planning Commission listen to the testimony about to be given and attempt to arrive at some reasonable conclusion. Chairman Dimmick opened the hearing to the public, asking that 'each speaker state his name for the record. Iulr. Henning N. Johnson, registered land surveyor, -.vished to ive his answers to the comments in ?Ir. Richard ;V. Robinson' letter. 1!Ir. Robinson stated that the proposed access road was very steep and narrow. ^Ir. .Tohnson noted that this pro- posed access road was no narrower nor as steep as many other places on the 4'dest Hill Road. The grade on this road was approximately ~'%',, '~~hereas other places go as far as a 15 grade. rlr. Robinson asked in his letter if the subdivision could not be better served by an extension of presently existing city streets. '11r. Johnson replied that this pro- posed access road is an extension of an existing city street. .~"v~?I t'~tiI\SL'I,.~ Bu?'~'_?UGii PiA'~NZg1G.~ 70NING CO?S_l1ISSION *IEBTING PAGE' S OCTO??ER ?1 , 1972 The onay access practical is the one from the bottom. Cdr. 13.Gb3n~0:"1`S letter CCi'_:T_1nueC1 t0 StatP_ that the 'Jr0?~OSed aCCeSS road swill not t.:~e useable in ~,vinter due to severe ice conaiticns in this area. ?.Ir. Jn_~nson noted that as the grades in this subdvi si cn are no ~~%orse than the rest of the F4est Ti i 11 Road area, the 1Ci? COi3C11tlOi5 ShcUld i:e n0 wOY'Se. Th2 iaSt COC1TnP,7?t in dlr. Robir_s^n' letter concerned the "narking- problem" created by ~cinter co:~ciitions. "1r. Johnson stated that was ~vhy the . 100' r ;~~t-of -,a ay- was arevided. °lr. Johnson further stated that t`_;e r,roblPm with Pr. ^. Bell Subdivision, 1974 Tract D, ~•as pa ~ ^ ~ ,~. ,ity of `OCier's fault. :,rr. ~s-~ ._ Bat^r _ ~~n__ city Council member, asked '~Ir. Johnson - Cti, ti i?3 ~nSl .. Q~L ,.i;c '.. ., Oi 'Yf7.':'!E•r at i~.uit~''r. JO11nSO:i reel ie? t';_~.t «°i~en tie City of 7omer incorporated, the planning of this area s?auld have been looked into. Mr. Bates stated he felt the statement concerning the City of_'.omer was unfav- orable and that the question before the commission now was the proposed access road's grade and the hazards on this road. Mr. Jim Saling, T~omer Advisory Planning Commissioner, stated that if the proposed access road was not up to the City of Homer'a standards, they did not have to accept it, and the city would not be responsible for the maintenance of the road. Mr. Milt Turkington, adjacent land owner, felt that the pro- posed access road served no feasible purpose. rdr. Turkington stated that when he bought the property above W. R. Bell Subdivision, 1974 Tract D, he noted that this property was too steep to do anything with, and offered to buy this property from the Rebers. Mr. Johnson totally disagreed with TSr. Turking'ton's statement that the property was too steep to do anything with. The proposed access road may never be a major road, but it will be used. Mrs. Ann Robinson, nearby property owner, felt this access road would become terribly dangerous if the subdivision was fully developed. The amount of traffic which would be on the road would be hazardous. b4rs. Robinson asked the -Planning Commission to come up with some reasonable alternative for this situation. Mr. W. S. P4iller, representing Mr. ~ Mrs. Reber, noted that the proposed access road could be used. He agreed that there .would be some problem, but if the subdivision were further developed, Fairview Drive, which runs along the bottom of the subdivision, would probably be used. A,4r: D4iller also noted that Mrs. Reber had wired ^.2r. Jack Greene, City Manager of Homer, commenting on this subdivision. As there was no further testimony to be heard, Chairman Dimmick closed the public hearing and recessed the Borough Planning Commission so the Homer Advisory Planning Commission could act on this subdivision plat. The Homer Advisory Planning Commission tools no further action and Chairman Dimmick called the Borough Planning Commission to order. Chairman Dimmick noted that the proposed access road would not necessarily have to be maintained by the City of Homer unless the city approved the road. Mr. Best noted that neither commission had to take any action on this item at this meeting.. This meeting was held to hear the public's comments. Commissioners ynglish/rdelson moved to reconsider Pl. R. Bell Subdivision, 1974 Tract D, at the ~7ovember 4, 1974, Planning Commission meeting. The motion carried unanimously. ~:~~: t TAY:' .,. L ~'._ ~r _,. ,. ~ ~ .. !~ J '. ._ n(~~riy ~ c~C `r,,Y rl*- _~~ lit r_i _~ rj _-..m^T..- _ 1 t. ..i :?G?"+D:1 ITs_'. - City of xio.mer• Plat Consideratior_s ~- ..-r.ly Sr,rin> Su'~~divi.i_v2~ (i~reliminary) `t'I!i.s subdivi~ior. is iocat~d in t"7e City cf 3omer, ~,~,~rr,,;im~ te'..- :3,i4 .rule on ._~t o ~~,~~ ~_'ast .._iil l~.oad and =ast ~r.d F.oad ;.:terse tier.. ..~5 _. ., my ties -:~:o e~t ~„_,,,, ;, J :- e t': for ~:.~~.. a use »-'rm,,._s '> <~u_..,~, , to cons rue.. :~,, o,erazr trailer coal c ar..i , .a __.. _'.a ~.. tae a„enda tonig:~t -'I e _~ °rorn the cu 5 ~ . _ i letter __ , ~.~ _..le. teas rca.:_i,. E :1~, r_, ,-7.~t 1.e. 7_ __~ _~ . ... ;, _.... __ .. _:'S~ ClaSS C1.- ar ~i i.. .'--„11~a'.~0."' , Cf StrP°C= ~ _. ~~_ ~1:'=-:_ . _,; *,~,.. ""IOre, due LO tYie 70.1nt Of development come~:~,i~:.te:i, it is recommended the commission recuire this plat be field surveyed and platted as per Ordi- nance Plo. 2G and the following be accomplished on the final plat: 1. Utility easements as requested by H~A being shown. 2. The recommendations of the City of Homer. 3. A minimum 20 ft. building setback line along all streets being shown or a note be placed on the plat to that effect. 4. The following being accomplished in regard to the status of adjacent land: Rename F. Costella to LYm. J. Schmitt; that portion lying south of the C-E 1/16 be labeled as J. Aiarkley; that portion labeled as Thompson be shown as Thompson Subdivision with the existing dedicated street along the section :line. 5. Correct the legal description, i.e., SEVEN of Section 16. G. Suggest renaming Fritz Creek Drive to East End Road on plat and vicinity map. 7. Correct township number in vicinity map. 8. Suggest the following streets be renamed: Early Spring Road to Early Spring Street; Mark LYhite Place to l'4ark iYhite Avenue. 9. Check the following dimensions: Lot line lying adjacent to Tract 1 and 3; east lot line of Tract 2; length of bark Whi+e Place; the V'vY In+, tine (337'±) Tract 2 be checked for length and additional bearing data, if needed. 10. The ICenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Chairman Dimmick recessed. the Borough Planning Commission to enable the City of Homer Advisory Planning Commission to take action on this plat. The City of Homer Advisory Planning Commission also too?c action on Hilbish Subdivision, Tract 1, while they were in session. After the City of homer Advisory Planning Commission's favorable action, Chairman Dimmick called the Borough Planning Commission to order. Commissioners Amundson/Susz:-a :~cved to grant preliminary approval to Early Spr;.ng Subdivision s?:_;ect to the staff's recommenda- tions and the field survey re:ia„ accomplished. r"he motion carried unanimously. ~:Ki:'~iAI PE2vINSL~..A BOROUG_~ PLAd`?I^~G °~ 'GNING CO".".A.7I5SIG.~i htEETI'`dG P_§GE ; pCmpEvp ~l , lc~~s 2. Hi.lbish Subdivision, Tract l (Final) This subdivision is located ,just northwest of Alaska ~Nildberry .Products. in t:ic, City of homer. C. tV. yiibish Droperty final plat teas conditionally a~?proved by the PianriiriP Comr^ission on October 2`: 1973, and recorded on 14arch ~~, 1974. Hilbish Subdivision, Traci 1, preliminary :vas corditionaily approved by the Planuin~ Commission on September 9, 1974. The plannin staff :as reviewed the plat and recommends the final ola;, be approved su~~j°ct to the follo~vin~ being accc^:- rlishcd: 1. zJtlity easements as requested by HEA being shown. 2. The written recommendations of the City cf Homer concerning the street dedication be complied with. 3. Correct the length shown on the basis of bearin~• .line betweer_ the section corner and LN 1/lE corner. 4. Show a temporary 50 ft. radius turnaround at the north end of Calhoun Street. 5. Show the bearing of record in .parentheses as per C. W. Hilbish Property Subdivision plat for the following: east boundary of the plat; west lot line of Lot 5, Block 2; Calhoun Street. 6. Proper vacation proceedings being accomplished for the vacation of turnaround on Svedlund Street. ?. Correct the length given for the south lot line of LOt 5, Block 1. S. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation 6Vastewater Disposal. regulations. Commissioners English/Suszka moved to approve the subdivision plat subject to .the staff's recommendations. The motion was approved unanimously. AGENDA ITE*d F: Consideration of Submitted Plats 1. Diamond Estates Subdivision (Preliminary) This subdivision is located approximately 1/2 mile north of the Sterling Highway and Skyline Drive junction in the Diamond Ridge area. The letter from the surveyor, which is on file, was read. The planning staff has reviewed the plat and recommends pre- . liminary approval subject to the following being accomplished on the final plat: 1. Utility easements as requested by HEA being shown. 2. Correct numbering of lots in Block 3. 3. Rename subdivision to avoid confusion with existing similarly named subdivision in the near vicinity. 4. Suggest an exception be requested for cul-de-sac length of 'Kay Lane, or redesign street layout in Block 1, i.e., extending Kay Lane to join with Agusta Drive or Agusta Place or other layout. 5. The following being shown on the vicinity map: Skyline Drive to Diamond Ridge Road; correct labelinn of R14~y and R13TN. r; ; ?: ;,>:. r1 tniT!1!?lu;': ~f1 f-L. ~~1111d.1nti Set'JaCk ll.ne beit:~* Sh01G't] ~:LiC~_~ir; ai_'. stress or a. note be placed on the pia- l'v' '.~h7:il: E'f:eCt. '?, !tl:! temncra.re turnarounds be clear] ;: lat;eled and shcxwn >;i_t'r. a ., f.t. r~idius, inclu::,ing a turnaround ~~ 5u=~F~~st t'~e foll.o~;in streets beine~ renamed: Agust•z r'~ce ~o cast.._ ~C.i.rc_c-.; ~,•is !D!~~riae *_o Ac; Fla,ce; r. ~ :~1 ~. .`1 ~ ,.. _.._ .. Tom.. _:n~ L~) .._<.,S ~:~~~~ ~~ ro r..-Ci .: i. :~' ~ t :)E= `, at.; ~'..a.s .. 1.E>P •.QS civC'_i'1Sl:Jn. ~~, ?l~_;iv r;~';t-ol-•:cac- wid~h for _{ay Lane. :LO. Explain 20 ft. right-of-way and access easement adjacent to Lots 6, 7, 8, 9, Block 1, i.e., is this easement to be dedicated or is it existing? .i.~.. The I{enai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Commissioners Suszka/Nelson moved to approve the plat subject i_o the staff's recommendations. The motion carried unanimously. 1.. Avila Homestead Tract A (.Preliminary/Final) Located. on the west side of Cohoe Loop Road, this subdivision is approximately 2 miles. south of the beach and 1 1/4 miles west of the Kasilof River. The letter from the owner, which is on file, was read. The planning staff has reviewed this aliquot parts plat ant recommends the 3:1 lot depth width ratio be granted and pre- liminary/final approval subject to: 1. Utility easements as requested by HEA being shown. 2. .Suggest subdivision be renamed as per original home- stead; i. e., Correia Tract "B" Subdivision. 3. The section line right-of-way be named Correia Street as per Correia Tract "A" subdivision. 4. A minimum 20 ft. building setback line along .all streets being shown, or a note be added to the plat to that effect. 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 was unanimous. 3. Alaska State Land Survey No. ?4-154 (Preliminary/Final) This plat is located approximately 1 1/2 miles northwest of Moose Point in the Point Possession area. The letter from the surveyor, .vhich is on file, .vas read. The planning staff has reviewed the plat and recommends pre- liminary/final approval subject to: 1. Utility easements as requested by HEA, if any. 2. Status of adjacent land being shown (subdivided or unsubdivicled). 3. The section line 50 ft, right-of-way be named and dedicated, vacated, or shown and labeled. ~NAI ?~~IINSL?L~ t~',Ot?i?UGiI PLt~N~vI'•vTG & ZONI'tiG CO'191ISSION A4E~iIVG pn~;~ n O~mOBLR 21 7 g? 4. The Kenai Peninsula Borough Planning Commission policy concerning the Al~.ska ;epkrtment of Environmental .Conservation ttiastewater Disposal regulations. Commissioners Suszl~ajA~?und~on *~oved to approve tre plat subject to the staff's recommendations. The motion was. approved by lnaniaious vr~te. 4. 1!ioose River Estates Subdivision (Special Consideration) dir. ~3es± rep^.rterf __.at ti,c ~ubdiz-ic?erJSUTVeC'orS were not able t4 be a+" T_?'.i`~ '2~e S:J x:115 item w11 ~ 't'ie rESCheClUle~ fOr thE? 14 ilve ber '~.; ~~'!~.'`_, v.i°Pt'.:1; 5. Georgine Lake Subdivision, .Addition No. 1 (Final) This subdivision is located in the Tdorth Kenai area on the east side of Georgine Lake. Georgine Lake Subdivision was recorded in ?.er_ai on June 30, 19G7. The preliminary of Ad- dition No. 1 was conditionally approved September 9, 1974. The planning staff has reviewed the plat and recommends final approval subject to: 1. Utility easements as requested by HEA, if any. 2. The boundary of the plat shall be designated by a ' wi-der border, i.e., all lot lines in Block 3 be shown with same width as used in Block 2 and a solid wide boundary line be shown for the stub. end of Georgine Lake Road. 3. Extend the shaded portion in the vicinity map to match with 1/4 lines. 4. Show dimension on boundary line south of curve 1. 5. Set brass cap. monuments at the following corners located within the plat: iQE 1/16, C-E 1/16, C 1/4. 6. Section numbers be shown at 1/4 corner east of plat. 7. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations. Mr. Best noted that approval has been received from .the Alaska Department of Environmental Conservation concerning the AAC Wastewater Regulations. Commissioners Suszka/Nelson moved to approve the plat subject to the staff's recommendations. The motion passed unanimously. 6. Mooring Estates Subdivision, Part Two (Final) This subdivision is located just within the City of Soldotna on Fireweed Avenue. Preliminary approval was granted by the Planning Commission on January 22, 1973. Hart One was granted final approval on July 9, 1973, and recorded in Kenai on July 20, 1973. • The planning staff has reviewed the plat and recommends final .approval subject to: 1. Utility easements as requested by HEA being shown. 2. Check length given for west end of Crest Drive center- dine. 3. Recommendations of the City of Soldotna. . __ - - '~~. i? rOli'.C~E'!:1 C:Or-~:~~T Oi T1G~ .BSS than 2n ft. raw11:S. ~]E >!]':.,,, __ at .; 'i. ~;Ou;;t] C'OT:~:" OfLOt 1-I, ...~.OCIi ?, fOr Lit urn St.r f?et 1RLE:r eeC~C 1.Un. 5. '"E]•~ '.~ena.i. Pend n~.:aa Bo~<,•.:mii Pl r ~_ ^• Co:rrli ssion ro? i c~. ccacernia_; ti]F .=~la~•~1.~. ;ie~art^1e~lt of ~;1]~~ironmental ~onser~al.~ _~n •.... Tc~::aLCx Di.sposai _ ~uiatio:]s. Come]issio::ers Am~~-;~sc;nj;~usz.a-moved to approve the plat suir.ject to ., _. s ,_.: f _c- ~ ..-. ..at:,. _~. T:~e motion asses: unanime tia:, . :;ot~ __> ._.,e.~ w _...~~_._.o:], `±adition .:;o. ;~ra_ ..._._ar„•) ~?'Y:is SUUC.lt._='~O_i ~ _~~.;..^aL2C.C Oil tt:e last Sides Of ~.OT:iOe L'JO'? Road, Just .-., .. ,:~,_._= of she ~os~ Office Road. ^he let~er. from the oil~r:er, ;,._ic] is on pile, ;vas read. Cohoe ';states Subdi~-ision was filed at the Kenai Recorder's office on September 17, 190:x. The planning staff h:LS reviewed the plat and recommends pre- liminary approval subject to the following being accomplished on the final plat. 1. ~7tility easements as requested by HEA being shown 2, The section line right-of-way be named and dedicated and connected to the cul-de-sac. 3. A minimum 20 ft. building setback line be shown along all streets, or a note be placed on the plat to that effect. 4. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department cf Environmental Conservation Wastewater Disposal regulations. Commissioners Suszka/English moved to approve the plat subject to the staff's recommendations. The motion passed unanimously. 8. Tustumena School Site, Tract A (Preliminary/Final) This tract is located on the east side of the Sterling Highway, approximately midway between Kasilof Road and Cohoe Road. This plat combines the school site and Burton Tract "A" which has been conveyed to the Kenai Peninsula Borough into one parcel. 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. The existing right-of-way of Burton Drive be shown along the northern boundary. 3. The legal description be changed, i.e., NWT of Section 31. - 4. Show status of land surrounding the subdivision (sub- divided or unsubdivided}. 5. A minimum 30 ft. }~~uildinm setback line be shown along the 5terl.in~;rlicii ty and Burton Drive. 6. Show the bearing of record in parentheses for the right-of-way line along the Sterling Highway. '7. The uenai Peninsula Borough Planning Commission policy concerning the Alaska Department of ~ncironmental Conservation ~Yaste:vater Disposal regulations. ~Ei3AI P ~=vTI~:r'SS~7_,.~ fpF;JUGI PL.~"r~`7ING €z Z'J:tiING CO?:1.^.'fISSIO`d afE'ETI~1Cr P.aCr ? 1 OCTOBER 21 , l~?" Commissioners Suszka/:~mundson moved ±o approve the plat subject to ti?e staff's recormendations. The motion carried unanimously. 9. Davidson ?iomestead Tracts B & C (Preliminary/Final} This subdivision is located within the City of Kenai, ,just easterly of the enai Spur Road on Strawberry Road. Tile letter from the subdieidr, Gvhich is on file, was read. .Davidson Homestead Tract "9" ~-~as approved by the Planning Commission on October 9, 1972, and filed in :~enai on November 3, 1972. The pia?ni__~ staff ^.as M~vie:ved the plat and recommends pre- 7_i:~inar~-,i:fi:,a1. ay ?rov~~i su'uject ta: 1. Utility easements as requested by HEA being shown. 2. Recommendations of the City of Kenai. 3. Show length from the SL4 corner of Tract C to the E 1/I5 monument. ` 4. Check the bearing of_record for the south line of Section 6, i.e., N89°59'13", as per survey Davidson Iiomestead 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 ?iighway 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 Himhway, 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- ~i _, j):., ii::v` ._.:! ~ ... ._. __.~.. _.,.", r . r_, ~;OP.tAglScln~: 1~~1I_~~~ ~.., .., :';.V].SlOn Uf 'i~1'aC*, ~: ~ ~~; ~ t)r01 im2:larC' t4'~1S Canditionwlly appr0\'r?d '~y the P].anni , ~ ~ ~rn~s~ ion o "1a:y~ ?~~ , 19 r ^ . 'I`he plar_ni~_ s~ _.__~ ~.__. ret-:ie~,;'F~ the ~la.t and rec0!~:menQS fiaai ... i:til.l%\' ec.S;?;rlentS a Tf=(7li~'S?.ed ~~~ ?'A belnt~.T S%01~n. 2. 5;1^,geSt i-__'_21i i2~~:ri);)i;lOri be C:i£7.n.°~ed, 1.E. , S]. T,L'1L~'_~ c.S ~ <;. . ,., .. ,.; -' i ~C_' ....?r _010 ~ -.::.. CGC~..'?'.c;j%"): _I'i. _ ~ 2=:.~";? _i1yL!t';].F, SOli~3 _~.._ jai SBCtLGi; 1~.. 4. Suggest change .'doble Avenue to Noble Street. 5. Show 50 ft. radius temporary turnaround on the north end of Noble .lvenae. 6. 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 su'a.ject to the staff's recommendations. Tile motion passed unanimously. 13. Bidden Hills Subdivision, Addition No. ? (Preliminary/ Final) This subdivision is located on the North Spur of the Anchor Fiver Road, approximately four miles northeast of the junction with the Sterling Highway at Anchor Point. The letter from the owner, which is on file, was read. Hidden Hills Subdi- vision was approved by the Planning Commission July 3?, 1974, and recorded in Homer, August 5, 1974. Hidden Hills Subdivision, Addition No. 1 was approved by the Planning Commission July ~2, 1974, and recorded in Homer, July 30, 1974. -The planning staff has reviewed the plat and recommends the Planning Commission return the plat to the owner/surveyor for the following to be accomplished: 1. Utility easements as requested by iiEA being shown. 2. A legal description for the plat be shown, i.e., SE~N4Y~, NE4SW~, 3E$SFY~, Section 14, T5S, R14W, S.M., Alaska. 3. Clearly label each tract number to avoid confusion between numbers and letters. 4. Correct the legal description for the following tracts: I4, I5, I7, I8, I9, I10, I11, I12. 5. A minimum 20 ft. !wilding setback line be shown along all streets, or a note be placed upon the plat to that effect. 6. In addition to the statement made in the "Surveyor's Certificate", a note be prominently placed on the plat "That no field survey was made nor i~^ere any stakes or monuments set." 7. Change "Authorized Official" to "PRayor" under Plat Approval. 8. Rename B Street since it does not align with existing B Street. Fr'NAI P~"vIT1SL?LA BOROUGH PLFi_^~'JI~vG Ri Z~?NING C0~•4P~fZSSION 91,~.BTI~G s'?~C1L 13 ~)r' ~ OBE'3 21 ' c r 4 ?~. -~ugaest renami*~g Rid 'e Jrive to Ridge Street. I0. Clearly label total r~g'a -of-way ~tidths for all streets. 11. heck the width of Section Line Right-of-Way .for A StrE:et. 12. A 50 ft. radius temporary turnaround be shown for the stun errs of renared B Street, D Street, and ~?, Street . 13 ~=~ ,::ier;; data be s?~owfl to determine readily the beari~ ant len>th of every lot line, block line, and boundary line. 14. All tract areas be shown. 15. The title block contain the following information: legal description; total area in acres; and statement concerning the plat is by aliquot parts. 16. Basis of bearing be labeled. 17. Label appropriate section numbers on section .line. 18. Label land west of Tracts 13 & 14 as "Unsubdivided Remainder" and its acreage. 19. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental .Conservation Wastewater Disposal regulations. (NOTE: Waiver has been received from the ADEC concerning the Wastewater Regulations.) Commissioners English/Suszka moved .that the plat be returned to the owner/surveyor for compliance with the staff's recom- mendations. The motion carried unanimously. AGENDA ITEM G: Water Quality Management Study (Final Comments) Mr. Best distributed a memorandum from Assistant Borough Engineer, Bob Gilfilian, in which he encouraged the Planning Commission to adopt the Water Quality Management Study and take the ini- tiative to implement portions of the study's recommendations. Mr. Gilfilian also noted that as the Planning Commission reviews and revises Ordinance No. 2G, .the sections on lot sizes and dimensions could become the necessary management tool to achieve safe water. By following the guidelines and suggestions pre- sented in the Water Quality Management Study, the commission may be able to develop a flexible workable program to resolve differences as confronted with several recent subdivisions and to achieve the purpose of the commission as stated in Ordinance No. 26, i.e., "to protect and improve the health, safety, and general welfare of the people". After considerable discussion of the Water Quality Management Study and the Alaska Department of Environmental Conservation Wastewater Disposal Regulations, Commissioners Nelson/Suszka moved to approve the t"rater duality ?danagement Study for final • printing. The vote was unanimous. AG.^NDA ITEb4 H: Other Business Commissioner Nelson presented a resolution concerning the City of Kenai's Zoning Ordinance, and asked the nlanning . Commission for endorsement of the resolution. A4r. Best stated that the Borough .9ssembly will have to look at the ordinance first, then it will be referred to the Planning Commission tiFNrII PENi_'1i,`~~i,~ B!?Rr3??ti?~ PL=t^;`eI1iG ~'z L('r""~I:iG C':?°?°:tISSI!~V °ZrETI_tiCr r.-, 1 v' far endorsement. The planning Cornriission can reviely it prior to that time, ha~~ev~r• Cai°s~issione.~ _'tielscn as4e4 that the .tienai Zonin,~r Ordinance and ti:e resaiution co~~cerninm-the ordinance . -. sent to eac Flaaai~~~ Cem~nissioner so thev can start revie~.in~ it. AGE~IP< IT=:' ? • D_rector's tepart 1. ?~enai area 'listory Conference _tiir. Best, r,~,,c,°ted _'± 'e--. za~i11 b` a confe~ence an the Cents a~ _'~ ~ ~:~. _.~ _ ~ _ ~e~- _ _ al t.".e Plu.nnin~ COmii?1SSln<lErS i'iSn "' ~ "i.a ,,,,~ is 2iiu are li%£''1C0?Il@.. 2. Subdivision Ordinance - 1Jork Session :4Ir. 3est stated he had scheduled the Work Session for Subdivision Ordinance No. 2~ for November 25, 1974. This -was the earliest possible date. 3. Plat Committee Mr. Best stated the staff had not had time to prepare the schedule for the Plat Committee. AGENDA ITE^~ J: Adjourn The meeting adjourned at approximately 11:55 P.P.I. The next regular scheduled meeting is November 4, 1974. j~E~~Tn.J ~t~,,INStLti ~,~~oucr_i #(.(;T"Fl';V(i ~)F' ~^_-1I: 3?I.4'_VVING ?c Z0:"vIi~t CO",1"a11SSI0"d - ~TC)VR?tggER 9:, 1974 '7::#J 71, r~~i. -- 13O'lOL'GR BUILDING ~ SULDOTNA AGE? UA '.I'1'Y UH KENAI i3. 'agenda. :~~srova) '2 1~0V 74 13: 24 )eiEi~ ~ "_13 C:rabau~;h Subd~~:ision (Prel:iminax-;~~'• _ , _ oral ) ~ ; ~ A-d. Ite~:: ~ •13 - Sea Gull Park Subdivision (Preliminary ) " 3, .• ~~,d ite!^~ E-14 - Belnap Subdivision (Final) ?• .Add it ern E-1.5 -- dgewood Estates Subdivision (Final) Ci. Approval of A4i.nutes - October 21. , 1.974 l). Public Hearings Homer 1. Sunny Slope Subdivision (Vacation Rz Replat) (a.) Sunny Slope Subdivision (Preliminary/Final) Ni.tii,lchik 2. Brandywine Acres Subdivision (Vacation & Replat) (a) Brandywine Acres Subdivision (Preliminary/Final) ;~orner•" 3. Cowgill Acres Subdivision (Vacation R. Replat) (a) Cowgill Acres Subdivision (Preliminary/Final) C7onsideration of Submitted Plats: Sterling Homer 1. Moose River Estates Subdivision (Special Consideration) N i i 2. High Cliffs Subdivision, 1974 Addition (Final) . er~a 3. A.S.L.S. No. 74-182 (Preliminary/rival) Ancbo~ Point Funny River 4. Kachemak Bay Ranchos., Resub. of Lot 30 (Preliminary/Final) 5 S . almon Slough Subdivision, Hart One (Final) Ridgeway 6. Trophy Subdivision (Final) Soldotna, City 7. Golf Acres Subdivision (Preliminary/Final) g. Ridgeway 8. Kersten Subdivision (Preliminary/Final) • Anchor Point 9. Hidden. Hills Subdivision, Addn. No. 2 (Preliminary/Final) Homer, City 10. W. R. Bell Subd, 1974 Tract D (Final) Cohoe 11. Cohoe Woods Subdivision (Preliminary) 1{enai, City 12• Crabaugh Subdivision (Preliminary/Final) Happy Valley 13. Sea Gull Park Subdivision (Preliminary) • Homer 14. Belnap Subdivision (Final) Homer 15. Ridgewood Estates Subdivision (Final) • F. 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 - NOVEA4BER 18, 1974 KENAI l?ENINSULA BOROUGH MEETING OF TiiE PLANNING ?,~ .ZONING COQ-4^;fISSION - PdOVE'~'[BER 4, 1974 .7:30 P.M. -BOROUGH BUILDING - SOLDOTNA AGENDA ITEA4 A: :Call to Order Chairman Dimmick cal],ed the meeting to or. der at .approximately PRESENT: Commissioners Cunningham, Dimmick, English, ?roes, Nelson, Palm ant Suszka ABSENT: Commissioners Amundson and Rounds OTHERS PRESENT: G. S. Best, Planning Director Bob Gilfilian, Assistant Borough Engineer Henning Johnson,. R.L.S. Hur;h 3Ralone, R.L.S. Stan PacLane, R.L.S. 34r. Bell. (n4oose River Estates Subd.) Mr. Slaymaker (D4oose River Estates Subd.) Mr. Walsh (moose River Estates. Subd.) Homer Thompson (Sunny Slope Subd.) Jack R. Tillman (Sunny Slope Subd.) " Mrs. Joe W. Cunningham :Wendy Kitchens;. Planning Staff AGENDA ITEPR B: Agenda Approval Commissioners Suszka/Nines moved to approve the agenda with the addition of items E-13 - .Sea Gull Park Subdivision;. E-14 - Belnap Subdivision; and E-15 -Ridgewood states Subdivision. The motion carried unanimously.. AGENDA ITEM C: Approval of Minutes -October 21, 1974 Commissioners Nelson/Suszka moved to approve the minutes of October 21, 1974. The minutes were. approved as submitted by unanimous vote. AGENDA ITEM E: Consideration of Submitted Plats As the .representatives for the Moose River Estates Subdivision had to catch an early plane, the commissioners agreed to go over Agenda Item E-1 before the Public Hearings. • 1. Moose River Estates Subdivision (Special Consideration) This subdivision is located approximately one mile southeast of the Sterling Highway/Swanson River-Road junction on the Kenai River in the Sterling area. • Preliminary approval was granted by the planning commission on July 22, 1974; however, the commission disapproved the final plat on October 7, 1974. On October 21, 1974, the plat was on the planning commission's agenda-for special consideration, but was re-scheduled for tonight's meeting because the surveyors were unable to attend the October 21, 1974, meeting. • Mr. Best read the letter of request for plat consideration which was received from the surveyors. This letter is on file in the Borough Planning Department.. Mr. Best also read a letter received from Howard Keiser, area representative .for the Alaska Department of Environmental Conservation, which is on file in the planning department. The staff recommendations per the October 7, 1974, staff report are as follows: L:I:d~,] FE~TIA'SIiL:~ BOTtOIiG!3 P1,A'd:dI."•~G LO^7ING C0;~1^!ISSIOti .~fErTI^~G a'AGE ~_..~_-_._______ ---,----_-_-- N(~VE'!"~R 4. 197_? 1. 'I'hE• boundary of the tract sYiall he desi?nated by heavier 7 ine. ^. Het*;ove the line for "secretai°y" signature under I>l.a t apps°ova] . J. .`.~ur';„f?St t!1e f0 ~ ~Oti%11i;?' S"L"r P_et namP.S i~eirin' chaIl~e~ :?wnk Salrten _.. ive to verse `street: R--d S lI`1bi:' pri~-~ ~i.f.cer. ._o c:c:tn:iae tieith e:;isting. s,.!,~i~~isions. 't . i'ir;~nn'le SL:~JC: •.- is~.o~1 bei:l shorn nest o i the plat . Elr,d -SO1tiP. `:"te StrP@t "_eSi%?'i~ Of ''ri.:_.:1° nC'e'_lUe. !ling Sa,1*~on i)rive and. R.ed Salmon Drive «•ith t!ze staff. 5. Check street lengths along west portion of Roy Street. G. Show distance between.?4C"4C (G.L.O.) and south end of ,Keystone Drive. 7. A ielnporary turnaround be shown at the stub end of keystone Drive. 8. Suggest Tract A and Tract B be combined into one i;ract. 9. A detail be shown for south corner of Lot 28, Block 3. -%0. y note that "A minimum 20 ft. building setback line exists along all streets". 1_l. Suggest HEA relocate the utility easement along the west side of Silver Salmon Drive to avoid obstruction with the creek drainage. 12. 'Phe Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal regu- lations. Mr. Best read that portion of the minutes of the October 7, 1974, meeting which concerns Moose River Estates Subdivision, and the letter written to Mr. Keiser informing him of the surveyor's request for reconsideration. The planning staff suggests that the planning commission listen to the subdividers and other interested parties and provide the surveyor with the requested corrections for final approval. Mr. Charles E. Walsh, subdivider, presented a letter he had received from Mr. Keiser approving the Moose River Estates Subdivision subject to the following conditions: 1. No conventional type disposal systems, i.e., septic tanks subsurface absorption systems will be in- stalled unless soil tests data on individual lots reveal such a system would function without causing a public nuisance or water pollution problem. This system would have to be approved by Alaska Department of Environmental Conservation. 2. Only sewage holding tanks will be installed. Both gray water and sewage will be connected to the holding tank. KENAI PENINSULA BOuOT'GH PLA_NNLNG &.ZONING COM~;iISSION ~4EEThG PAGE 3 NOVEP;rRER ? , i ~?-? :3. Ar_y type of a wastedisposalsystem installed **tust be a minimum of 100 feet from the edge of tie river. 4. The contents of holding tanks will be~disposed of by a method approved of by the Alaska 3"iepartment cs: ~n~-ironmental Conservation. rn;sh ~:^t,n st~c~~ec3 a co?3r if tn~^ revised plate,~,~ ~, --~,o °ollowing statement: All on .site sewage disposal systems for this sub- division must be a.p~~roved by the State of Alas:~a, .Department of Lnv~:_on~^~ental Conservation n_rior to construction. yl on site sewage systems must be constructed at least 200 feet from the meander line of the Renai River. Mr. Walsh stated that this statement should take care of any problems with the Alaska Department of Environmental Conservation. Commissioner Nelson asked how high the water actually came ~,c'_ln` tt1F? rF'l,c^nt Y'i2._ '?;^tter C:i tie :~enai Rive~. `~tr. ~4l_i ..: replied that, according to persons who were actually the the water did not come up to the subdivision, but water did back up in the creek running through the subdivision. Commissioner Nelson noted that the statement contained on the plat was what the commission wanted and moved to approve the plat subject to the staff's recommendations of October ?, 1974. Commissioner Palm asked Mr. Best if there was another state- went that was included on plats with a high water table? Mr. Best read the following statement contained on the Kalifonsky Beach Industrial Park plat-which states that: "drainage and/or fill will be required for development as the water table is near the surface". Commissioners Palm/Nelson moved to amend the previous motion to include "and subject to the following. statement being included on the plat for Lots 1 - 29, Block 3: `Drainage and/or fill will be required for development as the water table is near the surface "' . The .motion passed with the following vote: YES: Commissioners Dimmick, English, Hines, Nelson, Palm and Suszka N0: Commissioner Cunningham Commissioners English/Nines moved. to approve. the original motion as amended. The original motion passed with the following vote: . YES: Commissioners Dimmick,.English, Hines, Nelson, Palm and Suszka N0: Commissioner Cunningham AGE2dDA ITEM D: Public Hearings 1. Sunny Slope Subdivision (Vacation & Replat) . Located in the. Homer area, this subdivision is`near the intersection of the Sterling Highway and Diamond Ridge Road. - Mr..3est noted the public notice of the petition for vacation was published in the Homer Weekly News, October 24 Rc 31,-1974. Seven notices of this public hearing were sent by certified mail to adjacent and/or nearby property owners. The signed return receipts have been received for all. it~3."d,'sI }sEVi~ISL`L.1 B~r;;O?i~~?J t,*..~V~I_vG ZO'`IIVCi COn:I~:?I SSI()N Pt ~r..."_`G 34r-. Best read the lei;tens z•Pce~ived from the Alaska Division ai Lands, ,•hicn stated. no o:ijectio*s, provided there way; ade~xuate access to rear lanc'.s, and from the Alaska Dena.rt- usen of I;ighsvays, which stsied they objectec? to the vacation of ir•e section line as the; did not. feel there was sufficie.7t ,jtlstificai;ion for this vacation. `i".]e t~lanuina staff has revi~s::ed the petition for section a~~ ~ _._,..~. ~a a:._,_. ~:.:~ .,.~:_~ :. _s aI=:>rr ., s::.3ject ,. ... ~ . ':"he I~ruper vacation certificates i;eir.~• placed or. the fi;:al. plat. a~sd si;^ned by the an:,1•ooriate ao'-;ci2S. ~i'~TL : Tt is t e resnonsioility of i::c sub ?-Lvidcr to supp.'_j~ tree additional torso road s;.'ste: rata as notel it t:e preliminary plat COnditi_OnS. 1. Final approval and recordation of the final plat showing the vacation. Mr. Sest pointed out the tract on a U.S.G.S. map to give the commissioners a better idea of where the tract was located. Chairman Dimmick opened the hearing to the public, asking the speakers to state their names for the record. tdr. Homer Thompson, representing P.ir. C. Gl. TNright who is an adjoining property owner, stated that Pair. Wright was concerned about this vacation. Mr. Wright was not sure of what the vacation would do to his propert~~. ?ie was con- cerned that the vacation would cut his property in half, or perhaps deprive him of direct access to the Sterling Highway. Mr. 59right felt his property would be damaged and that it would be cut off from fire protection. Pir. Wright's property does have access to the Diamond Ridge Road. Mr. Jack Tillman, :subdivider, drew a sketch of the property • noting that the vacation would not damage Pir. Wright`s property and that access to the Sterling Highway from Per. Wright's property was not feasible as the land was too steep. Chairman Dimmick closed the public hearing as there was no further testimony to be heard. Commissioner Hines noted that. vacations of this type do need serious consideration and that she could not see where this vacation would hurt R4r. Wright`s property. Commissioners English/Nines moved to approve the vacation of the section line subject to the staff's recommendations. ~'he motion carried unanimously. (a) Sunny Slope Subdivision (Preliminary) This subdivision is located near the intersection of the Sterling Highway and Diamond Ridge Road in the Homer area. The letter from the subdivider, which is on file, was read. The planning staff has reviewed the plat and recommends . the exception requested concerning the length of the cul- de-sac (i. e., shall not be more than 500 ft.) be granted subject to the termination of Agusta Lane in the subdivision ' to the north, and preliminary approval granted subject to the following being accomplished on the final plat: 1.. Utility easements as requested by HEA being shown. ~. Show lot lines and road layout of formerly named Diamond Estates Subdivision, now Belnap Subdivision. ~~ ~ENAI PENINSULA BOROUGH PLANNING ~ ZOIQING COt~4bSISSION r.'IEETING PAGE 5 - _ _ ____ NOV;^'6FR 4, 1974 ~. The necessary topo a.nd contours to the easi. the augment of Diamond :Midge .R.oad and other.. data presented concerning the section line vacation be shown can a plat so the staff car. send ti:at data to the Alaska Division of Lands and the Alaska. Department of 3iPhways. 4. A minimum 20 #t: building setback line be shown n a, cn~ all str~-. ~s or a. ncte ti:>e placed or. the slat to that effect. 5, That Tract .17 be designated as an unsubdivided reminder until the disposition can be further resolved. Ci. The Kenai Peninsula Borough Planning Commission policy concer:~i:i„ ti:e Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- lations. Commissioners Suszka/Nines moved to approve the plat subject to the staff's recommendations. The motion carried unan- mously. 2. Brandywine Acres Subdivision (Vacation R~ Replat) • This subdivision is located approximately three and one half -miles along Oil Well Road from the Sterling Highway in he Ninilchik area.. I4Yr. Best read the letter of request for vacation received from the surveyors, which is on .file in the Borough Planr.in.~ Department. Mr. Best then read the public notice of the petition to vacate which was published in the Isomer R'eekly views October ?4 & 31, 1974, and noted that of the 8 certified mailings of the public .notice, 6 have been signed and returned and one was returned unclaimed. The letters received from .the Alaska Division of Lands and ' the Alaska Department of Highways. were read. Both agencies. recommended the vacation not be granted. ?;4r. Best noted that additional information should be sent to the Alaska Division of Lands and. the Alaska Department of Iighways to inform them of all the reasons for an easement vacation. The planning staff has reviewed the request and recommends the planning commission approve the vacation upon:. 1. The proper certificates being signed by the Alaska Division of Lands and the Alaska Department of Highways on the plat. 2. Recordation of the final plat. Chairman Dimmick opened the hearing to the public. As there was no testimony to be heard, Chairman Dimmick closed the public hearing. Commissioners Iiines/Suszka moved to approve the vacation request subject to the staff's recommendations. The motion passed unanimously. (a) Brandywine Acres Subdivision (Preliminary/.Final) This subdivision is located approximately three and one half miles along Oil Well Road from the Sterling Highway in the Ninilchik area. The letter from the surveyor, which is on file, was read. L'vu'~ ~ ..i,°<)'~SI:L.~i IiUk~i:Gri PL~.,Y~'_~G GON1_Vt; CU q"II:3S1O'~ ey ~'1_~G .!'h~. p]«n:ling staff h:a,s i°evie~:ved the plat and recommends ti.e :>. i ion depth to ~ti~i:ltfi ratio btu _~ranted due Lo ~:~© si.-c of i~he Tracts, and recommends preliminary/.final approval be Frranted szab7ect to.: ). ~Jt.i.]1:y easc~ment~, as requested by H>;A being shown. . 'tZen:ove .he line i'or "sec:retary" signature under _. ri rr,i:;ii~'.7: ~0 ft. ~?ui.'ding setbac'.~ line along all sl:reets n-i_n.; shn;;.n, ~r a note placed on the plat i.o ~`haz ei':~ pct . d. Suggest rer_ame Bran?y;aine Road to Cottonwood Avenue as per Barnard Subdivision, and Brody F.oad to Brody Street. a;. Show existing Barnard Subdivision and 1/15 corner an Brody Road. G. A temporary 50 ft. radius turnaround being shown along the stub end of Brandywine Road. 7. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- l.atious. Cornmi.ssioners Suszka/English moved to approve the plat s~.~;ect !:o t'~-~ staff's recommendations. she motion oassed with ,;!-c ,_~1,3c,c=.i.ng vote: YES: Commissioners Dimmick, English, Hines, Nelson, Palm and Suszka i~TO: Commissioner Cunningham 3. Cowgill Acres Subdivision (Cul-de-sac Vacation) This request is located 1.5 miles east of Miller's Landing and adjacent to Bayshore Subdivision in the Homer East area. ''The planning commission, on June 17, 1974, approved the ded- ication of a cul-de-sac on the east stub end of Shoreline "Drive as per the final plat of Cowgill Acres, Vacation of `Section Line Right-of-Way within Tract A. The letter of request for vacation, which is on file, was read. Mr. Best read the public notice which was published in the :comer Weekly News, October 24 & 31, 1974, and noted. that all return receipts from the certified mailings have been returned. Mr. Best read the letters received from the Alaska Division of Lands, who voiced no objections, and the Alaska Department of Highways, who also had no objections. The planning staff has reviewed the request and recommends the vacation be granted subject to the recordation of the final plat. Chairman Dimmick opened the hearing to the public. As there was no-one present to give testimony, Chairman Dimmick closed the public hearing. Commissioners Nelson/Suszka moved to suggest the subdivider make the road 66 ft. wide, as it is only 218 ft. long. The motion passed with unanimous consent. Commissioners Nelson/Suszlta moved to approve the request for vacation subject to the recordation of the final plat. The `motion carried unanimously. IiENAI PENIi3SULA BOR.OLGH PLANNING ~. ~OlV'ING COAS?tSISSION 2:4EETING _ r`'AGE 7 NOVE'=1BER 4, i97-2 (a} Cowgill Acres Subdivision, Plat of Tracts A-1 & A-2 (Prel:iminaryJFinal) 't`his subdivision is located 1.5 miles east of PdilIer's Landing and adjacent to Bayshore Subdivision in the ??omen East area.. Cowgill Acres Subdivision ~x~as recorded on .'t.av 3, i~~2. ~-.~a,l approval of vacation of secticn .line right-of-wad- ce:nmon to ~JeC~16:i (' ~. .... ._~S".!_' .~~ ~t ~i, ~......nBT~ COT^..__SS..C ~;; - 19-r4, and recorded _n .:or.:er, Oc~oaer 2I, i9-:. __~is nla~ is a resubdivision o* 'Tract A. The planning staff has reaie~c~ed this plat and recommends preliminaryjfinai. approval be granted subject to: ~. IItilitT~ easements as requested by HEA being shown. 2. babel the following on the vicinity map: Section idumber 6, township numbers and range numbers. 3. .Change the length of the stake found at the E-4Y 1/F4 stake from 4" to 4' as~per Henning Johnson's .1960 .survey. 4. A minimum 20 ft. building setback line along SY:oreline Drive be shown or a note be added to that effect.- -. 5. Check the distances labeled for the north line of Tract A-2, i.e., 218.00 + 380.46 = 598.45 as to 660.30. 6. Clearly indicate where the lengths and-bearings for the south line of Tract A-2 1917 meanders change. - 'r'. Label the dashed line shown in the detail. 8. Label the bearing and length of record for the north line of Tract A-2 in parentheses as shown per the original plat of Cowgill Acres. . 9. The basis of bearingbe labeled. 10. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- lations. Commissioners Nelson/Suszka moved to approve the plat subject to the staff's recommendations. The motion passed unanimously. AGENDA ITEM E: Consideration of Submitted Plats 2. High Cliffs Subdivision, 1974 Addition (Final) . Located in the Homer area, this subdivision is southeast of the junction of Skyline Drive and East. Hill Road. The .plat received preliminary approval at the July 24, 1972, planning commission meeting. 'lhe planning staff has reviewed the plat and recommends the 3:1 lot depth to width ratio exception be granted due to topography and size of lots, and final approval subject to: 1. Utility easements as requested by HEA being shown. 2. A legend being shown to indicate survey markers. 3. A note be placed on the plat that "A minimum 20 ft. .building setback line. exists along all platted streets." ;:E?~!a: ~?ZaN7. vSt'i..'t i~OrtOL'Gfl 7~i~A ~.v].lv~'; ,~ JC!I` I]vG CO'.~1"tISSION ".il:c;Tl ~G . SAG 8 VOVEIIBF??, 4. 1074 4. The name and. address of. owner being shown. 5. 'i'he section line easement be resolved either by e:iicat.i.on, seine shown, or vac:.ation. ~~. Su~~gest changi.n,7- iiar~nof Street. to 3aranof Avenue. A. C:o~,p]ete iot: 1 ine di.me:asior:~ fcr Tract I4. $. Shc,ty .names of aH,a.cei:t ?:,roperty awr:ers as per tl~e G. Isabel. set lot corners on east line of Tract i4. :1 U. The--. Iierai 1'ea-:insul.a Serous.:; Planning Coratnission l?oJ.icy concerning the Alaska Department of ?r'nvir- onmental Conservation rVastewater .Disposal P:egu- lations. :bir. Henning Johnson, surveyor, noted that all the above recommendations have been complied with. Comr.,issioners Nelson/Nines moved to approve the plat subject to the staffs recommendations. The motion carried unani- rnously. 3, Alaska State Land. Survey No. 74-182 (Preliminary/Final) Thi-s subdivision is located in the North Kenai area, approx- imately 3/4 mile north of Salamatof Creek and is the site of the sawmill, approximately located at ?toile 13, 3enai Spur 3oad.: S: A. 3oyr, had been leasing this site from liq ce 7.95y. The State of Alaska selected the lands and i~ir. i_'o~'t discontinued his sawmill operations. The ~~crough selected rhese lands but the selection was suspended pending adjud- i-cation of the preference right holder, S. A. Hoyt. This survey was done to accomplish this. The letter from the surveyor, which is on file, was read. The planning staff has reviewed this survey and recommends - preliminary/final approval be granted subject to: 1„ Utility easements as requested by HFA being shown. ?. Section line right-of-way being shown dedicated - and. named or vacated by the proper vacation procedures. 3. Show existing power line and utility easement. 4. Show status of lands surrounding the subdivision, i.e., subdivided or unsubdivided. 5. Check the lengths shown for line between Corner 2 and-section corner monuments. 6. Complete the word "Borough" in paragraph titled "Kenai Peninsula Borough" in Certificate of Approval. ' 7. Change F. A. Hoyt to S. A. `Ioyt under paragraph titled "Certificate of Lessees". 8. Label North Kenai Road on vicinity map. 9. A minimum 20 ft. building setback line be shown along all streets, or a note be placed on the plat to that effect. LU. Label the right-of-way width for the North Kenai • Highway, It..E.T~TA.I PENINSULA BOROUG~I.PLAidNI:vG Kz ZONING CO?.L"IISSION 24EETING PAG; ~ ?NONE".gBER 4, 1974 "..1. The Kenai Peni.nsui.a Borough. Planning Co?n-nissior. policy concerning the Alaska Department of Envir- cfn.~nental Conservation ~Nastewater Disposal regula- Lions. - Commissioner Nelson asked if the North .Kenai Highway should be called the Kenai Spur. P-Ir. Best replied that i t i~as u~~ to the commission and they could decide what it shculd be ;:ailed at ~~ is ... , -~, =1I'tcr 5`urt .nr discussion. t.:e con:- mission ;iecide.-? not to change the name. Commissioners E_^.~li.sl:/tielson moved to approve the plat subject to the staff's recar..rendations. 4. Kachema?~ Bay Ranchos, Renlat of Lot 30 (Preliminary/Final) This subdivision is located between Anchor-River and Diamond Ridge Road. east of the Sterling Highway. The original ?{achemak .Bay Ranchos subdivision was approved by the planning commis- Sion March 20, 1972, and filed in Homer ?day 2, 1972. Unite 1, 2 & 3, which further subdivided by aliquot parts Lots 24, 26, 33, 35, 55, 56, 59, 60 & 62~, were approved by the planning commission January 21, 1974, and recorded in Homer August 29, 1974. Replat of Lot 43 was approved by the. planning commis- slop July 1, 1974, and recorded in .Homer.-0ctober 11, 1974. The planning staff has reviewed this aliquot parts plat and recommends preliminary/final approval subject to: 1. Utility easements as requested by HEA being shoi~rn. - 2. Label section numbers at the 4 corner.. 3. Change "Authorized Official" to "Mayor" under Plat _ APProval. 4. The interior road dedication lines be shown as solid lines. 5. A note be prominently placed. on the plat "That no field survey was made nor were .any stakes or mop- uments set". 6. A minimum 20 ft. building setback line along all dedicated streets be shown, or a note be placed on the plat to that effect. 7. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal regula- tions. Commissioners Suszka/Palm moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. 5. Salmon Slough Subdivision,"Part One (Final) This subdivision is located south of Dow Island and on the I{enai River. The preliminary plat was conditionally approved by the planning commission on May 6,1974. . The. planning staff has reviewed the plat and recommends the 3:1 lot depth to width ratio be granted due to topo and. .final approval granted subject to: ' 1. Utility easements as requested by HEA being shown. 2. Label square symbol at south end of Chinook Street in Dow Island Subdivision. 3. Show the length for the centerline of Chinook Street in Block 1. ~r;~~r>l f ;'.~~:v~L:~~ _~~n'U~CT~ L>L~~';1:~G L,U°vl'v7G C';JT:1~:1IS.~,'lON ni'~',T,'1:~G PAGE 10 ?:vOVE'!'fSER 4, 197a 4. Suggest the following streets be renamed: Chum Court to Chum Circle; Fisherman Dz~i.ve to Fisherman ,3,venue.. ~i. kename Cohoe Court to avoid confusion with existing ('ohoe Court i.n .Daw Island Subdivision. Ci, 'lkie ;Cenci neni.nsula Bnrour;h Planning .Commission o.e?ri ~r~ta !. Cr ~ise~ Yat. a R;!astewaLer l,,anosal ?e~^••- i.ati.n~~::;. 5µ . Commissioners English/Susz'.a moved to approve t'r?e slat su'~~ject -t:o the staff's recor~:~nendati.ons. The motion was unanimously approved. 6. 'trophy Subdivision (Final) This subdivision is located in the Ridgeway area on Big giddy Road, approximately one and one-quarter miles from the Kenai Spur Highway. Trophy Subdivision preliminary was considered and deferred by the planning commission on August 19, 1974, ' and was reconsidered and approved on September 3, 1974. .The planning staff has reviewed the plat and. recommends final approval subject to: 1. 1'Ttility easements as requested by HEA being showr._. 2. Resolve easement deeded for Government Lot 13 either by showing nr v~cat.ion. 3. Show length for east side of Eddy Lane between Big eddy Road and Lax Circle. ~. Show length for centerline of Big Eddy Road west of Curve 1. 5. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- lations. Commissioners English/Nelson moved to approve the plat subject to the staff's recommendations. The vote on the motion was unanimous. 7. Golf Acres Subdivision (Preliminary/Final) This subdivision is located adjacent to the Birch Ridge Golf Course within the Soldotna City Limits.. The letter from the subdivider, which is on file in the planning department, was read. The planning staff has reviewed the plat and recommends ex- ception to the 3:1 lot depth to width ratio and the minimum 600 ft. radius cul-de-sac length be granted due to topography and the preliminary/final approval granted subject to: 1.. Utility easements as requested by HEA being shown.' 2. City of Soldotna recommendations. 3. Correct the length shown for the centerline on the west portion of Bogie Court. 4. Show the length for that portion of the section line from the south end of Boundary Street to the S 1/15 corner. _~ _ , KEl'~AI PENLNSULA BOROUGH PLANNING Xc ZONING C0~2MISSION D4EETI~V'G PAGE 11 NOVEr![BER 4, 1974 .5, The Kenai. Peninsula. Borough Planning Commission policy. concerning the 9laska Department of.Envir- onmental Conservation Wastewater Disposal regu- lations. . Commissioners Nelson/Tiines moved to approve the plat subject to the staff's recam.~tendations. The motion carried unanimously. 3. hers}:e.. Sv?~,di.:~i:,7on i??reiim~naryjF:inal) Located in the Fiid~"eta'av area., *_his subdivision is just off 'the Kenai Suur Fcad on the south side of Sports Lake Road. The letter from the owner, which is on file ,.~,uas read. The planning staff has reviewed the plat and recommends tre 3:1:;Iot.c:e~th to width ratio exception be granted due to topography and preliminary/final approval granted subject to: 1. Lltility easements as requested by HEA being shown. 2. Correctly label Sport Lake in vicinity map. 3. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envr- ' onmental Conservation Lastewater Disposal Regula- " tions. Commissioners Suszka/Nines moved to approve theplat subject to the staff's recommendations. The motion carried unanimously. • 9. Hidden Hills Subdivision, Addn. No._2 ,(Preliminary/Final) This subdivision is located on the North Spur of Anchor River Road, approximately four miles northeast.-of the Sterling Highway junction at Anchor Point.. Bidden Hills Subdivision and Addition No. 1 were approved by the planning commission July 22, 1974, and both have since been recorded in Homer. - Addition No. 2 was before the planning commission October 21, 1974, and disapproved with 19 recommendations. The planning staff has reviewed the corrected. plat and rec- ammends preliminary/final approval be granted subject to: 1. Utility easements as requested by HEA being shown. 2. Suggest rename Anchor Street to Anchor Avenue. 3. Label symbol shown for section corner monument. 4. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- lations. (NOTE: Waiver from ADEC concerning wastewater regulations. has been received.) Commissioners Nelson/Nines moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. 10. W. R. Bell Subdivision, 1974 Tract D (Reconsideration) Located in the City of Homer, this subdivision is on S'Vest Hill Road approximately 3/4 of a mile north of the junction with the Sterling Highway. W. R. Se11 Subdivision was recorded December l3, 1968. t7. R. - Bell,Subdivision, 1970 Addition, which included Tract D, was recorded July 22, 1970. The Borough Planning Commission granted preliminary/final approval .for W. '?. Bell Subdivision, 1974 Tract D, subject to the recommendations of the staff at .its meeting of August 19, 1974. ?Jpon receiving the. staff report on September 3, 19?4, the Borough Planning Commission ~~ti~':.J Fltii'~S?~L~ 1::!HOLG i ~L_~.:~'~1Vi ~:~"dIT~G CO~e tl ~SiQ'1 ^i:~TI°;r 'AGis 12 1~TOVE`SBER 4 , 197-4 coiiati.unaliy approved the r~lat, one condition ?>ein_ the _•ecoa~.~aendations of the City of Homer. The Homer Advisory Planning Corunission met •Sentember'4, 1974, and rejected the plat. due to t11e road design and terrain. The isomer City Council tabled the plat on .September 9, 1x74, and September ?.3, 1..:%75... The ;Omer A~'~C1SOr\' PlAnlll:l~' ':O~[Lm1SSi.On tabled the }'.].at on Seztar:;~er _`?~, 1~~74. ao~:~ever. , the iLenai Peninsula >orc~~;;~~, pl _ ... °:i5,.lon r.;~:t ePiember ?3. 197=. aad a.~- . .. .:he:, ... _ ec _~:_ F. ,- ~'~-ietin.T -r,A ~i:.r of .~ ,-~r'S C.Cm:LE:ndaLl~nS~ +.`1"UG7t_ic.' St a.,t. T'epOTt Oft11e .SE'2~te,^:i?BI' 3. 1974, meer.ing. 11. order to resolve the differences concernina_ approval of the Mat, a rublic hearing was held in Homer on October ~1 1974, by the borough and city plar~niu com- a missions. Testimony of several interested parties n~as heard by the commissions. The Ho~:er Advisory Planning• Commission took no further action and this commission moved to recon- sider the plat. at this meeting'. Mr. Best read a letter received from the owner, which is on _ _ ,r•r.oving this plat.. The planning staff has reviewed the plat and all previous action taken and recommends the planning commission make a definite statement to avoid further delay and expense to the owners. Commissioner Cunningham felt that the commission should defer acts"on on this plat until they found out what Trice Mr. Turkington was willing to pay the Rebers for their property. Chairman Dimmick informed Commission Cunningham that it was not the commission's place to ask ~.vhat price T~4r. Turkington was willing to pa y, for the »roperty. Commissioners English/Sus~ka moved to approve the plat for recording by deleting the City of Homer's recommendations from the staff's recommendations of the September 3, 1974, meeting. The motion passed by the following vote: YES: Com.*nissioners Dimmick, English, Hines, Nelson, Palm and Suszka ' N0: Commissioner Cunningham 7.1, Cohoe Woods Subdivision (Preliminary) This subdivision is located on Cohoe Loop Road approximately 3/4 of a mile from the southern junction with the Sterling Highway. The letter from the owners, which is on file, was read. -The planning staff has reviewed the plat and recommends the 3:1 lot depth to width ratio exception be granted due to .topography and preliminary approval granted subject to the following being accomplished on the final plat: 1. Utility. easements as requested by HEA being shown. 2. Remove the line for the "secretary" signature under plat approval. ' 3. Basis of bears"ng be labeled. ', 4. Label the bearings and lengths of record in paren- theses where they differ from those shown. 5. A minimum 20 ft. building setback line be shown along all streets, or a note be placed on the plat to that effect. 6. Label the status pf land surrounding the subdivision, i.e., subdivided or unsubdivided. x~'L?1?AI P~,IINSULA I30ROUGi3 PLA`T~ I:1G a. ZC)'; ING C'OtI?IISSION hIEETiNG ~ ~t,E 13 NOVE'~IBE'II 4 1 ~1 ~ ~ 'r"".. Suggest the subdivision be renamed to avoid confu- s fors. i~~ith sF ~:ral similar.,- r:amed subdivisions in the nearby vicinity. 8. t:onvert a.ngJ.es to bearings for every lot line. 9, 'The ?.enai Peninsula Borough Planning .Commission polic<1 concerning the Alaska De~~art.*~ent of Envir- cn Ata' C;~ns ~-~~~ ~~ `: °te•.s•ate.n Disposal Re~~z- ..a~~icns. In additiosi, the _rlannirg staff requests zhe surveyor to submit a copy of his surveyor's ,license, or receipt for the current tears registration, since the license number shc:ten on tr :- r_?oe~ ,-_:1'. aniear in the c?:went .listing a , ,~ .. , ...:Commissioners Suszka/3ines moved to approve the plat subject to the staff's recommendations.. The motion carried unani- mously. 12. Crabaugh Subdivision (Preliminary/Final) Mr. Best reported that the planning staff had not had time to write a staff report on this subdivision plat. The yenai Advisory Planning Commission has reviewed the plat.. r4r. Best asked the commission to approve the subdivision. plat subject to the City of Yenai recommendations and the Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Environmental Conservation Wastewater Disposal regulations at this time, and the staff can -=.~ork -out the other problems tivitl~ .the sur~et~or. N1r. Best aiso asked the commission for approval of the exception to the 25 ft. side yard requirement on the west side of Lot 1 as the street is a cul-de-sac with no through traffic and a i7 f.t. side yard should be adequate. Commissioner Nelson stated that the I{enai Advisory Planning Commission had approved the plat. Commissioners English/Nines moved to .approve the exception request concerning the 25 ft. side yard requirement. The motion carried unanimously. Commissioners Nelson/Suszka moved to approve the plat subject to the staff's recommendations. The motion was unanimous. 12. Sea Gull Pa.rli Subdivision (Preliminary) • Located in the Happy Valley area, this subdivision is approx- - imately 7~ miles north of Anchor Point on the Sterling Highway. The planning staff has reviewed the plat and recommends Dre- liminary approval be granted subject to the .following being accomplished on the final plat: 1. Utility easements. as requested by HEA being shown. 2. Vacation of section line rights-of-way as shown on the plat being resolved prior to final approval. 3. Corrects the numbers and boundaries of the Government Lots. 4. Show the interior road rights-of-way within the SW4 SW~ with solid lines. 5. Show the status of the land surrounding the subdivision, i. e., subdivided or unsubdivided. 6. Label the township and range numbers on the vicinity map. ,1~r.1- 1' .ti\SL:~A LO .L.,::H P1.1::rT~v ONIVG COP;!a11SSI~~:~ ^.1EEaI~G .t°AG: 14 '~~0'PE`:TBER .i, 174 "!. ;zugscest Lot :1 be dedicatee] to hi~•h~~•at rich*-of-tvaC- . t cotz~ L:yed Lo adjui.ner as single cor.~ eyance iot . s~. 9hcw a ,SO ft. dedicate=d ri.P,~t-of-~va~~ for '-hat por- t.ien of Sourh Avenue tv:=st of tl,e Sterling T~iih:va:' S1n.C.e i7.allpy ~a1iE'j' Acres haS nOt provided tn.e OL!2er '~aL.f of t; le strec-.t. iaT:.C'E i.0 ~.r.'> iCt~ :.~; ,iSl Jr l.~'2 t0 _.. ~ i. ., _.;'eet: South .~~•en'~e to Leapc;l~ Avr~nue as peV cho AcrEs Subdivision. a.~. Tile _ie'ia7. 1'er_i:~S'.tla ~OTOU~°:1 171anni::m ~;0.^_LTilSSlOn police cercernin> t~:e `:las~:a Departme^ ~ of =nvir- on:nental Conservation +tiaste~vater Dis;~osal Re~'u- lations. Commissioners Suszka/palm moved to approve the plat subject t:o the staff's recommendations. The motion passed unanimously. 14. Belnap Subdivision, Unit 1 (Final) This subdivision, which is located approximately z stile north o~ the Sterling Highway and Diamond Ridge Road junction in the Diamond Ridge area, was reviewed as a preliminary plat at the October 21, 1974, •neeiing. In order to avoid confusion with an esistin~ similarly named subdivision, the owners have changed the name from DiaTnond estates to Belnap Subdivision. The letter from the surveyor, which is on i'i.le, was read. The planning staff has reviewed the plat and recommends the .exception to the cul-de-sac length be granted and final approval granted subject to: :1.. A note be added to the plat concerning the resale of Tract 1, B1ocY. 2 to Gary Overson as previously shown on the preliminary plat. 2. Show the length for the centerline portion of curve 6 within the plat. :i. Show the curve dimensions for the cul-de-sac turn- around in Tracts 4 & 5, Block 1. 4. Suggest the following streets be renamed: Agusta Drive to Agusta Lane; Kay Circle to Kay Court; Douglas Drive to Forest Street, as per Kachemak Bay Ranchos Subdivision. 5. The Kenai Peninsula Borough Planning Commission policy concerning the Alaska Department of Envir- onmental Conservation Wastewater Disposal Regu- lations. Commissioners Palm/Hines moved to approve the plat subject to the staff's recommendations. The motion carried unanimously. 15. Ridgewood Estates Subdivision, Unit 1 (Final) Located on the Diamond Ridge Road, this subdivision is approx- imately 3 miles from its jttnction with the Sterling Highway in the Homer area. The planning commission reviewed and conditionally approved the preliminary plat at its September 9, 1.974, meeting. The planning staff has reviewed the plat and recommends final approval subject to: 1. Utility easements as requested by HEA being shown. Ks,~'VAT PENINSULA BOROUGH P~AN~IIIVG ....ZONING CO?d~:lISSiON !1L,,,^'I.'~.'G PAGE 15 'tiTOt'T_~ER ~? . 19'4. ?. Resolve-the ownership with the staff of the follos.~~ing veil acre tracts located ~=;ithin Sec ic.: l? of this.. plat: ~'-tSB' SrSEENE~> as borough records do not show gemming as o4vner. 3. Suggest labeling the basis of bearing on the dia- gra;^, showing retracement survey. ~~.C_~ <.,^~a _~rz..,rn ~;.ci t ?:t~ ,vn avenue. 5. The Kenai Peninsula rorou~h Planr.in~ Cor..mission poiic~ ccncer^in the ~iaska Denartr~ent of Ervir- onmeatal Conser-,-ation +'~astewater '~isuosal regu- L~,t; ons . _ Commissioners Suszka!Hines moved to approve the plat subject to the staff's recommendations. The motion carried unani- mously. AGENDA ITEhI 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-5?S89 in Cook Inlet approximately 3 miles southeast of the Nest Forelands. ~:Ir. 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 tothe west side of the mouth of China Hoot Bay. fl4r. Best then sugr~ested that the commission reserve comment until the critical habitat information has been received from the Alaska Depart- . ment of Fish. and Game. Commissioners Suszka/Nines 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. bor. 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 I{enai 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, IiEi"3AT PEivINSULA BOROUGH PLA;v"^dI'_VG PAGE 1F~ '~ONING C05SMISSION 34EETIPZG NOVE?.iBER 4 ; ' g 74 it would have a better chance of passing the assembly. Commissioner Nelson further stated that the only major ..change was in Section 16 concerning mobile home parks. Chairman Dimmicic «~ished to note that i.f C~m_~issioner 'Ve':.son asked for endorsement of the zoninm ordinance at this time. without the plannin staff's recommendations and without the ~:1an^.i.ng commissi-on hat-.i.sz~ :ore tn;e co ~•:~ o~•er the ordi- !......;f the J L~Ui ii av~ °E'- _J _. .... _ ~ .Ca x"_.. ?''i_.,t Oi~ ,,1 Ei zoning ordinance, Com.~issioner En~*lish thou=*i_t the ^ity of ?:enai representatives should go ah2~~_i and in_~•oduce the ordinance to the assembly while the "~i~c':ir~:; commission was reviejaing it. Commissioner telson replied ti~at t,.a City of ~Le_nai wanted the planning co;nmission's L„pport before they introduced the ordinance ro the assembly. Commissioners English/Suszka moved to adopt ~'.enai 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 I{enai. 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 Fi 8, at the Kenai Central sigh 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. Mr. Best read some of .the different legislation that was brought up before the Municipal League. Mr. Best also noted that the Mayor has reappointed P.4rs. Audrey Barefield as a member of the planning commission. Mrs. Barefield will probably be confirmed by the assembly on November 12, 1974. AGENDA ITE4,1 J: Adjourn . The meeting adjourned at approximately 11:30 P.M. The next regular scheduled meeting will be November 18, 1974. CITY OF ~KENAI P. O. 60X 580 KENAI, ALASKA 99611 TELEPHONE. ?83 - 7535 BUILDING PERMITS to November 21, 1975 51 single family-- valuation.........$2;182,580 26 Apartment units--valuation ........$ 700,000 i 4Jy~n Total all permits- I~24~ «valuation....$7,183,954 ~~ YEAR - 1974 ~~« ~~~ ~~ ~, ~~ 25 single .family-- valuation":'. .$ 822,812 ,T ~ # ~ ! t . -. Total ermit"s 90 -- valuation.....~....$"~•,847,706 g 2 ~ ~' i ~•g',~ •" ~~ x ~ ~~ •3" ~~_~` ~ Howard Hackney .~ f ,._.. -.,~..--- _ ` CITY OF KENAI - RESOLUTION NO. 75-54 ,• ~" A RESOLUTION REQUESTING THAT THE KENAI PENINSULA BOROUGH ASSE11iBLY AMEND" .THE ZONII~TG ORDINANCE OF TI-IE CITY OF KENAI TO PROVIDE FOR THE REGULATION OF EXTRACTION OF NATURAL RESOURCES, SPECIFICALLY GRAVEL, "WITHIN THE CITY OF KENAI . WHEREAS , the Council of the City of Kenai has determined that there is a need for specific. regulations covering the operation of gravel pits in the City of Kenai, and WHEREAS , the Kenai Advisory Planning Commission , after" request of the Council, has developed a set of regulations regarding. the operation of gravel pits, and WHEREAS , the Council. has determined that the regulations would be effected most appro- priately by_ being included in the. Zoning Ordinances of the City of Kenai, and WHEREAS, only the Assembly of the.Kenai Peninsula Borough has the power to amend the zoning ordinances far the City of Kenai. NOW, THEREFORE , BE IT RESOLVED by the Council of the City of Kenai that: Sertio.^. 1. Tl:e rebalati~..•ns rebarciinbt op~ratlon of gi~a~~el pity within the City - of Kenai are hereby approved. Section 2. .The Council of the City of Kenai hereby requests that the Assembly of the Kenai Peninsula Borough amend Ordinance 74-70 of the Kenai Feninsula Borough Code of Ordinances: s. • By adding a new subsection 20.30_.140(2) (B)3,which would read in its entirety as follows: 3. In the case of a gravel pit, all requirements of Section 20.30.155 hereof are met. . ~, . b. By adding new sections 20.30.151 through 20.30.158 which would read in their entirety as follows: Section 20:30.151 Application for Conditional Use Permit An application for a Conditional Use Permit to. operate . a gravel pit shall be in writing on a form supplied by the Kenai Advisory Planning and Zoning Commission (hereinafter' called Kenai Planning Commission). and shall be filed with the Secretary of the Kenai Planning Commission. All applications shall be accompanied by the following documents and information: . 1. A site plan, .drawn to scale, containing the following: a. Graphic (and legal) description of the proposed . area, including dimensions in feet. and number of acres or square feet. b. Existing topographical contours with not less than 10 foot contour intervals. c. Finished topographical contours when extraction is completed with not less than 10 foot contour. -• intervals. _ d. Existing and proposed buildings and structures on the site. e. Principal .access points which will be used by trucks, and equipment including. ingress and egress points and .internal .circulation, especially the haul road ' from the public road to the proposed site of the, pit. f. Indication of the existing landscape features. g. Location and nature of other operations, if any, which are proposed to .take.. place on the site. 2.' A~narrative statement containing the following information: a. Soil surveys with reference to .the average year around water table throughout the entire acreage. Piezometer may be used to determine an average water depth. b. Estimated amount of material to be removed from the site over the entire period of operation. c. Estimated length of time to complete the operation., or, if the pit is to be operated on a contract basis, a statement to that effect. d. Proposed hours of operation. ~ . e. Method of fencing or barricading the petition area to prevent casual access. f. Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and proposed site of pit. g. Plans, if any, to construct artificial screening. h. Description of operations or processing which will take place on the site during and after the~time the material is extracted. i. Plan or program of regrading and shaping the land for future use. j. Method of back-filling and proposed-development .plan showing location of houses, parks, Lakes, etc. k. Other information which may pertain to the particular site. 3. Proof that the applicant has obtained a license to operate a gravel pit~from the Alaska Department of Natural Resources. Section 20.30.152 Review of Application for Conditional Use Permit The Secretary of the Kenai Planning Commission shall place the application for conditional us e. permit on the Commission agenda for the ..first meeting of the Commission for which it is eligible based on-the date of .filing with the Secretary and the applicable rules of the Commission at that time. At that meeting the Commission shall review the application and accompanying information and shall determine if it meets the requirements - of Section 20.30.151 hereof. If .the requirements have not~been met the Commission. shall specifiy the deficiencies therein-and shall request that a supplement. to the application be filed. The Commission may, in its discretion, request additional ....information pertinent to the particular site to be supplied by the applicant. Such information shall not be requested unless.. it can be obtained by the applicant within a reasonable time and. at a reasonable cost. Section 20.30.153 Hearing on Application for Conditional Use Permit The Kenai Planning Commission shall hold a public hearing on the application at the first regular meeting following the meeting at which their review was made, if no additional information was requested, or, if additional information was requested, at the first meeting following the filing of the supplement to the application containing the requested .information. Notification shall be sent. and public hearing shall be held in~accordance with the provisions of Section-20.30.220(3)(3). Section 20.30.154 Issuance of Conditional Use Permit - On the basis of the application with accompanying~informatiom, any supplemental information filed,-and such information as may. be presented at the public hearing provided for in Section 20.30.153, the Kenai Planning Commission shall make a determination as to whether-each of the following requirements have been met: 1. The area for which the permit is being requested is at least 10 acres in size or .660 feet by 660 feet. . Z. The application is insubstantial compliance with the. requirements of Section 20.30.151. hereof. 3. The proposed use of thee.Iand after the gravel has been extracted is feasible and realistic. 4. There is 200 feet of natural screening between the proposed pit and the public right of way and roads and 150 feet of natural screening between the proposed .pit and other .surrounding property.-Lines. If the - natural screening is not adequate that there .is an agreement by the applicant to build a site obscuring" screen in the event a permit is issued. 5. The benefits to the city in terms of economic development outweigh any adverse effects on adjoining properties. 6. .Applicant has agreed to put up a guarantee sufficient for the reclamation of the land in accordance with ,his development. If the Kenai Planning Commission determines that all six requirements have been met,. the Commission shall direct the Administrative Official as defined herein to issue a conditional use permit to the applicant. The permit shall be issued for an indefinite - period and shall be subject to the provisions of Sections . 20.30.155 through 20.30.158 hereof and shall so state.. The.: permit may be expressly conditioned by the Commission upon the erection of artifical screening as specified by the Commission in accordance. with Section 20.30.155. Section 20.30.155 Operation by Permit Holders During the period of the conditional use permit the permit .holder shall comply with the following provisions: 1. The pit shall be operated substantially in accordance with the site plan and statements that accompanied the application-for conditional use permit, as such • may be amended from time to .time in accordance with Section 20.30.158 hereof. . 2. Sufficient attention shall be .paid to. drainage of the site, both during and after the site has been reclaimed. Where a finished grading plan indicates that surface water will be conducted from the site onto adjacent lands,. the plan will be subject to approval of the . Administrative Official as defined herein or his delegee. 3. When clearing trees and natural vegetation, the material will be disposed of by approved methods. 4. The-operator will protect hisimmediate working area from -the public. at all times. - S. During periods of inactivity, the owner of the pit shall take whatever precautions are necessary to prevent the - site from becoming an attractive nuisance. 6. Bank slopes will be a minimum of 2:l slope. No excavation will be allowed below the water table except by special " permission of the Administrative Official or his delegee. 7. The permit holder-shall submit a yearly report to the Administrative Official within thirty. days of the anniversary of the issuance ef_the c_onditions.I use permit. Such report shall show the area 'which has -been cleared during the previous year, the current .working area and any area which has been reclaimed or " partially reclaimed. The report shall also contain projections of the same information for the next work year. In addition to his report, the permit holder shall submit a report from a certified surveyor as to the quantity of gravel which was actually: removed during . "the preceding work year. 8. The guarantee provided for in Section 20.30.154 . shall be kept current. Section 20.30.156 Yearly Review of Operation The-Administrative Official shall review the operations of the permit holder. each year within sixty days of the anniversary. of the issuance of the conditional use permit to. .determine whether such permit holder is in compliance with the provisions of Section 20.30.155. He shall compile a report based on his review .and shall submit his report along with the report of the permit holder _ under Section 20.30.155-7. to the Kenai Planning Commission.. t Section 20.30.157 Termination of Permit by Administrative Official If the Administrative Official determines, based on his yearly review or any other investigation undertaken by him, that the conduct of the operation is not in compliance with the '.provisions of 20.30.155, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit. holder - has been notified of the violation and given a reasonable opportunity. to correct it. In the event that a pit is unused fora period of three years, the Administrative Official may revoke the Conditional Use Permit. Section 20.30.158 Amendment or Transfer of Permit (~):No conditional use permit issued hereunder shall be transferred until the proposed transferree has made application for transfer in _ writing filed with the Secretary of the Kenai.Planning Commission, which application shall state that he intends to be bound by the ..plan and statements contained~in the application of the permit holder or shall contain the amendments to the plan his proposed . operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in .the application for transfer would have been approved had they been contained in the . original application. (B) A permit holder .may amend his site plan and statements by . filing an application for amendment in writing with the Secretary of the Kenai Planning Commission. The Commission shall approve the application for amendment if the-:.original application would have been approved had it contained the provisions of the. - - application for amendment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS ' day of November, 1975. CITY OF KENAI, ALASKA MAYOR ATTEST: ue Peter, City Clerk * ` , 1975 SCHEDULE KENAI PENINSULA BOROUGH PLANNING COMMISSION MEETINGS . JANUARY 6 .JULY 7 JANUARY 20 JULY 21 FEBRUARY 10 AUGUST 4 AUGUST 18 . MARCH 3 MARCH 1~ SEPTEMBER 8 SEPTEMBER 22 APRIL ? APRIL 21 OCTOBER 6 . OCTOBER 20 MAY 5 MAY 19. NOVEMBER 3 NOVEMBER 17 JUNE 2 JUNE 16 DECEMBER 8 MEETINGS ARE HELD ON MONDAY EVENING, COMMENCING AT ?:30 P.PrI. ~t'. r.. _. .iii i~ ~'j ti ~ .~ ~ ~ ~ ~ WILiIAM A. fGAN, GOVERNOR ~~ ~ ~) ~+:~-'~~fT~'~IEi@'T tlt~ i~a:~1,T~J~:~1, ~~~~~~AJ~~~_',~S D!VlSION Of (ANDS / 323 E. 4TH AYENUf-ANCHORAGE 99501 January 14, 1975 City of Kenai ___ ~_. '~ Box 580 L ;> ~; .._' j ~ ~ ~~ ~ Ur" Kr..'.i1~I Kenai, Aiaska 99611 ` Attn: Rolland Lynn ;r"~ ~~ S'° 0 ~ City Manager Re: City. Selection ADL.63898 Dear Sir; A preliminary review of the above referenced City of Kenai land selection reveals that you selected a total of 95 acres.. A check of our records shows that there are only 137.20 acres of selectable lands within the corporate boundaries of the city. Since the law permits only lOq of this figure; your selection cannot exceed 73.7 acres. • To avoid being arbitrary in adjudicating your selection to an acreage consistent with the law, we will give you the opportunity to reduce your selection to those lands of your choosing. All ofi the lands included in your original selection are also selected by a later Kenai Peninsula Borough Selection. Therefore, we want to advise you that after you have made your choice, the remainder of .the .lands will be approved to the Borough. We have been working on a sale of borough lands and you may find our preliminary sale information on the subject lands useful in reducing. your selection from 95 acres to a figure below i3.7 acres. A copy of our status plats is enclosed to illustrate this preliminary in- formation. You will note that we have set the area up into units 30 thru 48 ranging in size from 2.00 acres to 8.49 acres... You will also note our appraised value of the units.. Piease be further advised that the Borough has approved its lands far sale but we cannot sei] lands for the City of Kenai. We act as agents for the Borough through a management agreement between the Borough and State but do not have such authority to act as agents for the City:~~~,In any event, we wish to adjudicate the City selection as early as possible in order to c- `:: C ` ~~E ~"~ ~' ~~ ,, ~f,. ~~ ~~` ~-~ L~ ~~ v -~° ,Z ~~~ 1/ ~ a _ ~ v,~~ /~ ~' -~ ,, ~ -~ ., hj ~- ~~ ,~ r ~. i ,~ ~ 7v 1-..'C~i~~~. ~~` 11 ~. z 7` ~ City of Kenai Page 2 ~ ~ January 14, 1915 ~~~ prepare the remainder of the lands for sal~~o accomplish this, we are giving the City ten days or until January 21)to submit their choice. In absence of same, the State will make this oice for you. Sincerely, MICHAEL C. T. SMITH ~~_~' Director By: Kenneth H. Hallback Chief, Lands Section Enclosures cc: Borough Selection - ADL 64629 .Sam Best -Planning Director / /~~ r~~~ ~ ~a~~~ ',j ~;-,. ~' ~ /~~~ l G~ ~f.~-~,Z-~~.{ tc ~~G , . , Survey of Slote Lund Rep/ot oI BLM Sec 5 & 8- 20 and fht SE NE SiM NE o~ ,vE SW NE SE Sec. 26 gppvd 3 . Survey Of Slot and AarRsl of C'nvl Lo/ 4 1 /2. Sec. 3. ADL F// #- s _/O aovd ~ a/>•n 50-66- 049 5 1 50 -65-060 4 I G S- 9^ /~P/n 64629 •~ Sy7 s.F049 30:~ p. Bdy - 3.d7 RG ~ R W P~ - 359 .: - ` ~ ~ ----_.~} ~ o o , o a -h ~~ AG ~` ~~ I , 3Z-. to c~.00 ~.Da AGt 2 ~ 50 65-060 ` R/W °er I:pln ~- B! rro,-~_Q_a ~ a ~ ' 35 II ~ ~ -~ I . F` . ... -- ~ r ~ ` ~p~ x.77 ~ c --~2- _ __-- - 37: •-e ~~ y~qr Ac Sole Ap/n ~ , , ~ ~ ~ ~~ 8._.13 5'6 0 . o L_ 3 q t A -- 6344T ~ • ~ _,y J '50-65-0492 . , . / ~ ~ - GS 3~, r1 3 00. La ~ 8~ A G - ~ -9 ~ `. ~ - - Lse. Apln. ~ ~ n^ ~ \ • ~ ~ 34007 _"-' ar /z s o / 6: • ~~ 5 Z. - _ ~ / ` r / I 1 R W Per C 63572 ~ ~ `~ 710 0 , o D ~' ---~' a a /! a ! _ J ~~ .._ _ ~R~~,.,~,,po g, yr q a -~ .:, ~ ., _: cty`S~A~n. Hc..•__ay,saa.o~_ ~,w7 A~ ~ 14 -~- - - _. _.._ - - _.. ~,s,~ ~ ~- .~. + ~ _ 3,G5=c.~~ ~ - 1 - -- .~ c- ~- -~ r "1 I . . .11 2 SO A71 /~ ~ { ~ e - ~--- a~ ~ s. ~- ~. J ~ `~ y \ -- . L _-- Ib- C _ ~~ O S y ~ ~~ _ , ~ ~9G~4 S61 ,-..- _ __ __ ....-~_7. s A / 64 p n 629 \ ~,~ ,. ~ Redrown 7-3!-69 ~- 5=-~~ T 3~ reM App _ I ~ GS-9 To ~ ~.~ ~ o e e :, r J ,S 1'alNo /~d9 25JBN ~ CURRENT TO 8Y is o "" >...1 . `' ` '~ ~ ~ ~ ~ ~ ~, ® ~ ;~ _ ~~ i MEMORANDUM T0: MEMBERS, PLANNING $ ZONING COMMISSION FROM: Roland D. Lynn, City Manager DATE: January 16, 1975 Please find attached a letter directed to me from the Department of Natural Resources regarding City of Kenai land selection. We will. need to make a recommendation to the City Council on the selection of lands as soon as possible, therefore, a meeting has been called for Wednesday, January 22, 1975, 7:00 p.m., in City Hall. Also, please note on your calendars the date of Wednesday, February S, 1975, at which time a meeting of the Commission will be held for the purpose of a Public Hearing regarding the remaining lands of Radar Subdivision to be re-zoned to light industrial. The hearing must be held prior to the meeting on February 10, 1975, of the Kenai Peninsula Planning Commission. If you have. any questions regarding the above, please do not hesitate to call me. RDL:sp s„~: ., _,, 0 C 4.R ,~ ~ •` ~~ °;, ~,.~ ;sf i ,~ .~. ~° ri ~~. "" , ~~ ~- ~ .r~-. MEMORANDUM T0: .KENAI PLANNING $ ZONING COMMISSION FROM:Roland D. Lynn, City Manager `'~~p'~ DATE: January 17, 1975 SUBJECT: DAN WRIGHT-HOME OCCUPATION The above subject has been. researched and the following conclusions reached: 1. Mr. Wright's residence is in an area zoned "Urban Residential". Businesses surrounding his residence have "Grandfather Rights". 2. A business was located in the Wright residence .prior to their living there, however, the "Grandfather-Rights" clause is not transfer- able when property is exchanged. 3. Mr. Wright's business will consist of a wholesale catalog store and very little off- . the-street business. There is no specific prohibition against Mr. Wright conducting this .type of business. 4. The City Attorney advises that if Mr. Wright complies with the Business License and Sales Tax requirements and the "Development Require- ments" outlined in the Planning & Zoning Ordinance, Planning ~ Zoning Commission approval is not required. In accordance with the above, I have notified Mr. Wright that he may proceed with his Home Occupation and con- duct his catalog business in accordance with the Development Requirements outlined in our Ordinance.- RDL:sp January 17, 1975 Mr. Dan Wright Post Office Box 3911 Kenai, Alaska 99611 _- a ;.~ r"A ~' ' ~ 4~ _T ~ ~` t ~` Dear Mr. Wright: After reviewing your. request to operate a business consisting of a wholesale catalog store from your home,. we have determined that there are no sub- stantial reasons for prohibiting you to continue with your intended use for the property.. city Ordinance No. 74-70 does not list your type of business under "Uses. Permitted" or "Uses Prohibited", therefore, it is assumed that you may proceed with the Home Occupation. You will be expected, however, to comply with the Business License and Sales Tax requirements and become familiar with the Section in the City Planning Ordinance which pertains to Development Requirements, as you will be expected to conduct. your business according to these Development Requirements. Best of luck to you in your new venture. Very truly. yours, ~~%c~- oland D. L nn v/ ~ Y City Manager RDL:sp CC: Kenai Planning F Zoning Commission KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING,. JANUARY 22, 1975 7:00 P.M., CITY MANAGER'S OFFICE RON DIALSTON, CHAIRMAN ITEM 1: ROLL CALL Members Present: Ran Malston, Jon Nelson, Nels Kjelsta ,Beverly Fi11io, Cliff Heus, Harry Gaines Ex-Officio Member Present:. Councilman Edward Ambarian Also Present: Mr. Roland Lynn, Mr. Phil Aber ITEM 2: APPROVAL'OF MINUTES, JANUARY 13, 1975 Under .Item I, the following adjustments were made: It is to be noted that Councilman_Ambarian is an Ex-Officio member of the Planning ~ Zoning Commission. Also, change Mr. to Mayor James Elson. The Minutes of the Regular Meeting of January 13, 1975, were approved as corrected. ITEM 3: OLD BUSINESS There was no Old Business. ITEM 4: NEW BUSINESS a. State Land Selection Mr. Lynn advised the. Commission that he had received a letter from the Department of Natural Resources stating that there was 137.20 acres of selectable Iands with- in the corporate boundaries of the. City of Kenai, and thelaw permits the City to choose 10% or I3.7 acres of this selection. Mr. Lynn asked. that the Commission recommend a choice of selection of the lands so that he could report it to the City Council at their Special Meeting of January 23, 1975. Jon Nelson moved that the Commission recommend to City Council a first choice selection of ADL lot nbrs, 32, 34, and 35 (evaluation of $41,400 - ' 14.59 acres) of Section 26, T6N, R12W, SM and a second choice selection of ADL lot nbrs. 30, 31, 32, and 33 (evaluation of $36,300 - 13.47 acres) of Section 26, T6N, R12W, SM. The reason being for these two selections is that the property lends itself to potential development and is adjacent to an area which has been re-zoned to Light Industrial and that both land selections have access to the beach. The third choice recommended by the Commission would be_ADL lot,nbrs, 46 and 47 (evaluation of $45,700 - 13.52 acres) of Section 26, T6N, R12W, SM. This choice. of property is merely-speculative and for possible residential development. The. Motion was seconded by Nels Kjelstad. Motion passed unanimously by the Commission.. ITEM 5: ADJOURN There being no further business, the meeting adjourned at 8:05 p.m. "'7~ Sue Peter, ecretary t F ~~ ., j i FF. \ ~` MEMORANDUM T0: PLANNING ~ ZONING COMMISSION } ~, ~__ ~ ~°" FROM: Roland D. Lynn, City Manager _ ,, DATE: January 28, 1975 SUBJECT: RE-ZONING OF THE CITY LANDS -SELECTED IN SECTION 26 ... ~JC` y.( - .,.~, :~ _, I spoke with Sam Best regarding .the re-zoning of '~ -~ °_ selected lands from Suburban Residential to Light a: Industrial at the same heaving where re-zoning.-is k.,~ ~. being reconsidered for the .Radar Subdivision. He '~' stated that it would not be possible for us to re- -~ zone at this particular time because the State still owns the land, that is it has .not been officially deeded to the City of Kenai. Once we receive title to the Lots selected, the re-zoning can be scheduled ' for hearing. I will let the Commission know when we receive the title. so that a petition for re-zoning: can be scheduled. ,. ~~~ RDL : sp ~~''~'~` r ~~ .~ ~ ~~ MEMORANDUM T0: PLANNING. ZONING COMMISSION FROM: Roland D. Lynn, City .Manager DATE:. January 28, 1975. The City Council selected the Planning Commission's second choice recommendation because it was felt that the State would reject our choice because .the allotment for Lots 32, 34, and 35 would exceed. the maximum authorized. ~: .~ Oland D.~Lynn,. 'ty ~anager ~-,r> r ~ `~; E~ ~. -~- ~", , ~ ~: r_~' .~; ~~ ~~ .a. 1~~~ • .,i. Division of Lands 323 East Fourth :Avenue Anchorage, Alaska 99501 January 24, .1975 Re: City Selection, ADL'No. 63898 :. '~ Gentlemen: i ~q _ .. • j w.,~ °t ~ The City of Kenai hereby requests that the above-entitled ?~?`: land selection be amended to include only the fotlowing-described parcels of land: ~_ "~ ~ ~ Unit 30, Uni# 31, Unit 32, Unit 33, all within Sec 26, TbN, ~~` R11W, S.M. ~:' --$- ~- _ In support of this Application, the Applicant hereby certifies • that: The area described contains a roximatel 13 47 acres U ~° >~ .: PP Y - No portion of the selected land is occupied or dedicated to a • ~ specific use by the State, and to the best of my knowledge and belief, - ~ the land is vacant, unappropriated and unreserved by any person ~ claiming the land other than the Applicant. ~ - _ .. ~. If the land selected is unsurveyed, the State wilt. survey the • exterior boundaries of the selection.., the costs of survey to be borne °~ by the Applicant. ,~' This selection is-made. under the authority of the City Council of the City of Kenai . :;:. ,.` ~... .~ ~, - Roland D. Lynn City Manager - RDL/CRB: jh ~' ey ---- C. R. Baldwin City Attorney L '1 - ~ y,4 CITY• OF KENAI RESOLUTION NO. 75-03 A RESOLUTION OF THE KENAI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO SELECT VACANT AND UNAPPROPRIATED AND UNRESERVED STATE LAND UNDER THE PROVISION OF THE ALASKA STATUTES, .TITLE 29, SECTION 1-8.190 WHEREAS, Alaska Statutes Title 29, Section 18.190 allows the City to select ten percent (100) of the vacant unappropriated and unreserved State land. located within. its boundaries,. and; WHEREAS, at the present time. there are within the City of Kenai.,. 137.2 acres of unappropriated State land, located within the City. of Kenai, and; WHEREAS, the City of Kenai has need for and wishes to apply to the Alaska State Division of Lands for an area containing approximately 13..7 acres within Section 26, T6N, R11W, S.M., and; WHEREAS, the City of Kenai Council wishes to authorize the City Manager to apply for and receive this land from the State of Alaska; NOW, THEREFORE., Bf IT RESOLVED, that the City of Kenai Council hereby authorizes the City Manager to request from the State of Alaska under the provisions of Alaska Statutes, Title 29, Section 18.190, a tract of • land described as follows: Unit 30, Unit 31, Unit 32, Unit 33, ali within Sec 26, T6N, R11W, S,M. CITY OF KENAI ME5 A. ELSON, Mayor ATTEST: SHARON LOOSLI, City Clerk .. ~ ~'~" r~~~ ~l i:`.., _ .~l ~1 yam L . d '~ C: ~ ~ E . !~ ~~,. ~~~ . _~v ~ , ~~, ~ .~. ~` ~ ~'~~ ~` ~{ f!A rte' `" 3 :~`. ~ t ~~. ._ ~t ~Fl ~~ •``k ~.~ .0 ~.. _. ~,'="" _ MEMORANDUM T0: PLANNING ~ ZONING COMMISSION DATE: January 31, 1975 SUBJECT: MEETING - FEBRUARY 5, I975 Just a reminder that there will be a meeting of the Kenai Planning F, Zoning Commission Wednesday, February 5, 1975, 7:00 p.m, in the City Manager's office. Among other items on the agenda will be the Public Hearing on the~Petition to re-zone Radar Subdivision from Suburban Residential to Light Industrial.. We are enclosing information on the Public Hearing for your review.. Enclosures (4) PENINSULA CLARION PUBLIC NOTICE Notice is hereby given that petition to rezone all of Blocl~s 1, 2, 3, 4 and 9; Lots 1 and 2, Block 12; Lots t and 3G, Bloch. 17; Lots. 1 through 9, Block 11; Lots 1 through 22, Block 10; the SVVnSI'V~N~V Section 25, ~GN, >~,12j^T, S.T4. ; and those areas designated as "Park"~, all within Radar Subdivision and within the City of Kenai from Suburban Residential to Light Industrial was received from the majority of the property otivners by the Kenai Peninsula Borough Planning Commission, November g, 1974. Public hearing on this petition for rezonin~;-~ill be held by the City of Kenai Advisory Planning Commission at its meeting,. February 5, 1975, which commences at 7:OO P.M., City Manager's .Office, Airport Terminal Building, Kenai, .Alaska. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning. Commission at its scheduled meeting, February 10, 1975, which commences at 7:30 P.r1., Borough Administration Building, Soldotna, Alaska. Public hearing on Ordinance No. 75-4 concerning this rezoning. petition will be he]_d by the Kenai Peninsula Borough Assembly at its regular meeting, February 18, 1975, which commences at 7:30 P.I~7., Assembly Room, Borough Administration Building., Soldotna, Alaska. Anyone wishing to present testimony concerning this rezoning ..petition should do so at these hearings. G. S. Best Planning Director PUBLISH: 2X (January 30 & February 6, 1975) ~-i • ~ ~ m -N U Q +~ O ~ w N ' U i'~ ~. .,~.. ~~ ~~ ,, ,: x -'` ; .1 l0 ~ _ y ~ \ ~N tcW =` K ~ ~ /_\ Fes` rN ~; ~l. ') ~ J \_' '~; ~__, ~ ~ `~:, n rt,'~ ~~ ~ -i -- ~ `~ r i S J' l` ~~ ~ ~ ' V ~ i~ !u w '~ ! _~ N U F ~ '~ ? ~ ,.,{ ~~ `f~:,.~: cq ~, ~ iN LL • W T I C .~ I o 1 ~ d' ~ n _ a 1 ~n ..L- ' ~ 1~ --- - ~~~ _~ ` ^J Ja ~.~1 h` . ~ J ~L~ r `~ ,k .~ . I M ~ ,' , J 1 ~ ~~ U n ! . , -~ ~ J~ t >> ` --- i O c~l~; \.~ V ,W ~ _ ;' (,(~ 1 ~~ ` '~.a ~~ ill .~ ~ c - - og1 ~ ; ~ :z ~~~' ~ ` a _ ;~ C~ ?, f o r~~ J` ~ ,~ ~~ j `J ~"~ N ~'~ N ~~ ,~ u, ~ n~ Z ~~D ~ ~ ; ~•~ 4~1 -' 1 r -~ / ~ °~ - J ' ~~ ~ ~ ~ .-' . - _~ ,y ~ . ~ . ;} N 'yM 'L'~ cd N -N cUd A ~"' _ #~ ~1 v..~ d. 4-1 ~ + v1 ~ ~ p ~J / /~ ~~ 1 _ _.-_ __.:_._ _. AVE._ ~- ~ h ~~ J ~r Q ~~.,~ .~ t _-- .Q~ ~~\ r~ ~.~~ Ci / \\ '~. '~; 1 ~~ :~• KENAI PLANNING ~; ZONING COMMISSION SPECIAL MEETING, FEBRUARY 5, 1975 7:00 P.D•1., CITY MANAGER'S OFFICE JON NELSON, VICE CHAIRMAN ITEM 1: ROLL CALL ITEI•i 2: APPROVAL OF MINUTES, JANUARY 22, 1975 ITEM 3: OLD BUSINESS a. b. ITEM 4: NEW BUSINESS a. Murphy Lease Application b. Sea-Land Freight Service, Inc. Lease Application c. Public Bearing: itadar Subdivision ITEM S: ADJOURN MEMORANDUM T0: PLANNING ~ ZONING COMMISSION FROM: Roland D. Lynn, City Manager DATE: February 4, 1975 SUBJECT: MURPHY LEASE APPLICATION Construction of a car wash appears to be needed in the community. Water is available on Fidalgo Street and sewer on Willow Street. Assessments for water and sewer will be charged in addition to the annual .rent. In order to assure utilization of the land, I would recommend that a lease be approved for one year with option to extend for 54 .years contingent upon substantial completion of construction. Rolan D. Lynn, y Manager RDL:sp Enclosure CI~'"~' ®F IC.~1~~I P. O. BE3~( 58~ - !~ ~4~51(A - P~9O(dE 283-7535 Lease Application # pg 1 of 2 Name of Address Business Name and Address~~ Kenai Peninsi.la Borough Sales Tax No. State Business License No. Phone ~ ~ 3 -~~~ n (check one) Lease Permit Lot Description ~~~~ l ~ ~' Desired length of Lease or Permit Property to be Used far Description of developments (type, construction, size, etc.) r Attach development plan to s ale 1 inch = 50 feet, showing all build° ings planned. Time Schedule `~'Yl~ „, 1 ) ~ ~ ~ Date ~~e~~l -~~~~ Si Lease Application ~~'~"Y ~~ KERT~ I F. O. 80J~ ~ - ltENAi, ALASKA PHONE Z83-7535 page 2 of 2 For your information Annual rental rate or cost $1,282.00 Zoned for Commercial Permits required Assessments $1,730.23 each for w/s if paid in lump sum or $257.86 per Insurance required Contained in contract. Construction must be started by July 1, 1975 Completion date for major constructions February 2, 1976 Rc~utix~g City Council Time Planning Commission Time R ecs~mu~ended by This appll.catian will be a part of the lease Approv~2~ Planning Cbm~.s~tians by City C:~iu~cil by R ~o~~pt ac~C~wi~adg+~d by appl~€,c~n~. .. .,,. _ -. ~ ~ y ~ i ~ ~ ~ ~ \ U ~ ~ N o F --~ ~ m° Q o • u ~ N ~y C oSr , sar ,~ O c+ ~ o m y°, a~i n m © O d et ~' '~1~ - LL• C w C •o r ~ ~ V ,n " h ~ O ~ °' '^ Q ~/ \~ ~J ~/ ~5~58 J W U ~~ V ~l® V®'~ ~ c c - ., ., Syt-~. ~_. -~`SZr'. .. _ - , Szf ,ce•eB N ~o /'1 0 ~ a c _ 3 0 N `y ® S f_ y ~ ~ n a O ~ ^ 6L ~~ O h O ~O P ~ ~ ~ N ui " N rn a s h ~ r E E d f N ~,~ Y t~ ,OS! OSI oSr a~ ~ia~ G u N~ ~ N - T` m o ,`~~ ~ q ~ ~Y y a ~~o o _ ~ y -' Cq O O _ ~ _ W F- ° N O _` °s 205 ~ ~~ 2 N `3 ~ > 1g5, Z O ~ '~s O M O a ~ ~ '~~ ~N 3~ eg' _~ ... ~'. O N ~ ~ ~~ ~ h ~ O M ~ ,a / . 4. ~ " 2G a. ,(f '48r ~w c°i f10 lt1 ~ `~ a 3a.5• ~ ` O ~ O N `245' ~ ,~ ~ ~ v fb ,OSI ,$p•60x ~ fay ,Ofr ,o r ,SO•eu 4` t~ ~ OS ~ O ~, X0,0 N M a m ~ ~ IZZ f`, to O u O ~ ~ EE. Fyf A•ull 94'ofr J MEMORANDUM T0: PLANNING ~ ZONING COMMISSION FROM: Roland D. Lynn, City Manager DATE: February 5, 1975 Sea-Land has applied for a lease for Lots 6, 7, 8, Block 2, Cook Inlet Industrial Air Park, for 59 years. The intended area will be used for trailer parking. I would recommend that the lease be for one (1) year contingent upon approval of a development plan and one (1) year for substantial completion of development with an option to renew for 53 years. Roland. D. Lynn, i anager RDL:sp Enclosure Lease Application P. ®. BOD( SSQ - ~NAI, Ai4~S1(A - ®P~E 2~3-7535 pg 1 of 2 Name of Applicant Ken Lancaster, Jr. Sea -Land Address Box 1087 Kenai Alaska Business Name and Address Sea-Land Freight Service,, Ine. Box 1087 Kenai Alaska 99611 Kenai Peninsi.la Borough Sales Tax No. Applied For State Business License ado. 7l~-12x56 Phone 283-7111 (check ®ne) Lease Permit Lot Description Lots Six (b), Seven (7) and Eight (8~, B1ock Two (2~,. Cook Inlet Industrial Air Park. Desired length of Lease or Permit 59 Years Property to be Used for Parking __.. Description of developments (type, constructian, size, etc.) Level Area for Trailer Parking. Attach development plan to scale 1 inch = 50 feet, showing all build° ings planned. Titae Schedule r Date 2-5-75 Signed PENINSULA CLARION PUBLIC NOTICE Notice is hereby given that petitian to rezone all of Blocks 1, 2, 3, ~ and. 9; Lots l and 2, Block 12; Lots 1 and 3G, Block 17; Lots 1 through 9, Block 11; Lots 1 through 22, Block 10; the SW4S~Y4NW~. Section 25, ~'6N, 1~.12W, S .I!I. ; a,nd those area's designated as "Park", all within Radar Subdivision and within the City of Kenai from Suburban Residential to Light Industrial was received from the majority of the property owners by the Kenai Peninsula Borough Planning Commission, November 4, 1974. Public hearing on this petition for rezoninm -will be held by the City of Kenai Advisory Planning Commission at its meeting, February 5, 1975, which commences at 7:00 P.M., City .Manager's Office, Airport Terminal Building, Kenai, Alaska. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning Commission at its scheduled meeting,- February 10, 1975, which commences at ?:30 P.~42., Borough Administration Building, Soldotna, Alaska. -_ Public hearing on Ordinance No. 75-4 concerning this rezoning petition will be held by the Kenai Peninsula Borough Assembly at its regular meeting, February 18, 1975, which commences at 7:30 P.:~d., Assembly Room, Borough Administration Building, Soldotna, Alaska. Anyone wishing to present testimony concerning this rezoning petition .should do so at these hearings. G. S. Best Planning Director. PUBLISH: 2X (January 30 & February 6, 1975) .~ ~` r--~ •~ zf cd ~ ~ U (~ ~ 4-1 ~ cad r~ci7 ~' ----~ < uJ U ;';~ t ~ r ~~_ ~ ... ~ L-- l~ ~ ~ ,< ~._ ,: `.h /1 ~N ~'~ tt ~ +~' ..41 -~ / J ~_, . ~_ { \ ~. ~ ' ,~ 1 = ry ~~ ~ ~~ ~ ~ ~~`~o ~„~ ~, t/ ~`/, ~'_~ / ~ V 1 r i."//mf~l ~ ~~ Yf '' ~~~_~:cs w Q ~ p ~ ' O ~~~ a ~l n _ _ r `' '` ~. I ; ~J i ~ °~ :.tip y, { \`~ r' `~ ~. ~, - - « ~~ ., U ~ n . j ` ~ ~' r , 71 ~ (- ~, ~ +c l,- / ((\t1,~+ i. p \.~ ~ w / ",_. ~ %r `. ~ y `~ it Q~ ~~~ \ - . _ ~~ U ~~~, ~_ !~ . ~~, yy ?i E ~ '_~J (~ ~~ ~,~ J ,~ ~ N~ 9 ~i ~ VT V n~ ~~p b 41 ;O~ ; C-} Ic~1 r -~ e ~ ~ ~ ~ ~, ... ' ~ N ~ - t~ ' M ,/ J ~- .. ~~ zS cd a~ ~ c~a Q ~.. ~ ~ t1.=~ ~ ~ w ~ ~~ o o v - ' ~r ~ +. ~ ~~~. I ~_J ~_ -:h ~- -, -- p _~ ~> v'1 1 ,o ~,. l~/ _}_ \/'~ ~ ° ~, ~~ ,~ ,~ ..-- ~' v ~ v, ~ \ ~~ ___, y `~ ~~" „~ ~ ~ \ ~.:~- ~~\ ~f ~ ~ i \ ~- ~ ~. ,~ N ' i ~ ,'~" .: __ x' O ~ ~~" Z - HOM6'R.- _:._ :_ _. AVE. 1 /~' /nn~ 0 Q ~ , ,. .~ ~~ P~ 0 ~~ s ~~ 4'~ ~ Z MEMORANDUM T0: PLANNING ~ ZONING COMMISSION MEMBERS DAl'E: February 5, 1975 SUBJECT: BLOCKS S, 6, 7 and 8 AND LOTS 3 THROUGH 14, BLOCK 12, RADAR SUBDIVISION Attached is information on the first portion of Radar Subdivision that was re-zoned from Suburban Residential to Light Industrial. scp attachments MINUTES OF MEETING.OF PLANNING COMMISSION ON AUG. 14, 1974 Present: Ron Malston, Nels Kjelstad, Jon Nelson, AI Hudson Absent: Ruby Coyle, All Cruver, Jim Elson Also present: Leo Oberts, John Williams, Roland Lynn Open at 7:10 p. m. Minutes of the last meeting were approved. No old business. New Business: a. Public Hearing - Rezonning and Vacation:- Radar Subdivision. John Williams requested the Planning Commission to approve re-zonning the property from suburban residential to light industrial . The. land has never been developed; the. company which will purchase the property is a large, but unnamed oil company which plans to imrnedia ely e.rect_a $200,000 warehouse and storage yard.. The development plan calls for the land to be cleared in the center with. an access road from the highway. Trees will screen the developed area on four sides.. Moved by Hudson; seconded by Nelson. to vacate and rezone the Radar Subdivision from suburban residential to light industrial and that the Borough look into rezonning the areas near the subject property, north of Wildwood Drive, to light industrial. Passed unanimously. b. Request for trailer variance. -Marilyn Scott. Action deferred until Marilyn Scott can appear. Invite Borough Planner to attend the regular meeting of the Kenai Advisory Planning Commission on September. 25, 1974 to discuss the Borough Comprehensive Plan and related matters. Meeting adjourned at 8:20 p.m. '~ .. 't CHEECHAKO NEWS PUBLIC NOTICE Notice is hereby given that petition to vacate all parks, roads,. lots .and easements within Blocks 5, 6, 7 and 8 and Lots 3 through 14, Block 12, Radar Subdivision within the City of Kenai and revert to acreage was received from the owners' agents. by the Kenai Peninsula Borough Planning Commission, July 26, 1974. Public hearing on this petition for vacation and replat will be held by the Kenai Peninsula Borough Planning Commission at a special meeting,~.September 3, 1974, which commences at 7:00 p.m., Borough Building, Soldotna, Alaska. °Anyone wishing to present testimony regarding this matter should do so at this hearing. G. S. Best Planning Director .PUBLISH: 2X (August 22 & 29, 197.4) • CHEECHAIiO NEwS PUBLIC NOTICE Notice is hereby given that petition to rezone Blocks 5, 6, 7 and 8 and Lots 3 through 14, Block 12, Radar Subdivision, within the City. of Kenai from Suburban Residential to Light Industrial was received from the owners' agents by the Kenai Peninsula Borough Planning Commission, July 26, 1974. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning Commission at a special meeting, September 3, 1974, which commences at 7:00 p.m., Borough Building, Soldotna, Alaska. Public hearing on Ordinance 74-44 concerning this rezoning peti- tion will be held by the Kenai Peninsula Borough Assembly at their regular meeting, September~3, 1974, which commences at 7:30 p.m., Assembly Room, Borough Building, Soldotna, Alaska. Anyone wishing to present testimony regarding this rezoning petition should do so at .this hearing.-: . G. S. Best Planning Director PUBLISH: 2X (_August 22 & 29, 1974) ~./~7.:,..1 h H+i r;,rp31 ~ }•/iUyntp/ru I ~ I - ~' .' '~QhIJOh ~ A/~x~arA~ 1 ~, ~ y :~,3 (f Ai 4a~ylyd0/f p l•Orp • _ ~ ;, .. ~ ~ f .,._ .. ~ ,, 26 51 C/T Y '•25 L/M/T ACATE ~~REVERT TO ACREAG 6j SUBJECT • •~ 4 ' D. D a ~ ' . PARCE L REZONE FROM SUBURBAN ~ RESIDENTIAL TO LIGHT ~•E• INDUSTRIAL C/c.rR ° "' ' IIf J L TR'A• ~ i --~-- a/fin ~ ~'_"_"' 91 sjO~ to ~5) 7~' ~ 1 IVY ~ ~ k.^ P y~~ j 0 ~ ~ 'N~( ° `> ((~// ~a ~ ~_ f .~ I ~ ~ ` •/ . E • G H r.. ~ Norend k Sc~aFai ,~ `~y r ' . ~ ~ ~ I 1 t... ~.. n l ! ~ tL 3 z~ zo ~ ~ i ~', i TK2., ~ z i ~ i ; ~ ,\ ~ ~ z' z ~ ~, .~ ~~ \ t• "%• .. G < ~r ~ ; :'~ / i ~ X ,\' /: / ~t % -- ~ ~ ,~ e i----~ 9 ~ f:. _ _ ~ ~ \~\ ._ _..,_ '9~ ~ 9 -y ie' afl~~-~. ~ u u ' ~., '. ~a ... ~ ~ . I ... F- r '' / ' ~/ s Introduced by: .Mayor Date: August 6, 1974 Hearing: September 3, 1.974 KENAI PENINSULA BOROUGH ' ORDINANCE 74-44 AId ORDINANCE ENTITLED: "AN ORDINANCE CONCER?~'1'NG REZONING ~YITHIN THE CITY OF KENAI" BE IT ORDAINED BY THE ASSEI~IBLY OF TIIE KENAI PENINSULA BOROUGH: Section 1. The following described area located within the City of I~enai and the Municipal Zoning District is. hereby rezoned. . .Blocks 5, 6, 7 and 8 and Lots 3 through . Y4, Block 1.2, Radar Subdivision within the City of Kenai from Suburban Resi- dential to Light Industria l Section 2. The official zoning map of the City. of Kenai is hereby amonded to reflect the changes provided in Section 1. Section 3. This ordinance shall be effective immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 3rd DAY OF September 1974. ATTEST: Frances Brymer Borough Clerk Y.ENAI P73NINSDLA BOROUGH PLANNIN~.r $ 7U1dING COh1'~iISSlON Y-11;I~.TI!VG PAG1; ? 5F,??TEP113T'R 3~ 1974 The Planning Staff has reviewed the request and the City of fIomer. recommendations and suggests the Planni.n, Commission recommend to the Assembly that Ordinance 74-41, which would accomplish Chis rezoning from Residential. classi.ficai;ion to Commercial classification, not be appraved as per the City of llomex's recommendations. Chairman Dim,nick opened the hearing to the public. P,ir. Gilbert Russell stated that hc: wished to withdraw his request for rezoning. He had decided that a variance would be more in line with what he wanted to do with the property. 11r. Russell asked P.ir. Best how to no about requesting a variance. 'dr. Best replied that a request would have to be subrnittecl to the Planning Commission and a public hearinh tvoul.d have to be held. The reyucst for variance should state a specific purpose, i.. e., type of expansi.o?~. Redues%s for . variances do not have to go before. the Borough Assembly as rezoning. As there was no further testi.monv, Chairman Dimmick closed the. public hearing. Commissioners Hines/Amundson moved to approve the staff's recommendation that the Boraugh Assembly not approve Ot•di.- nance 74-41, which would .accomplish the rezoning. The mono?i passed unanimously. 2. Radar Subdivision, Blocks 5, G, ?; ~, S and Lots 3-14, Block 12 (Rezoning) This subdivision is located on the North Iiena:i: Road appr.ox- imately 3/4 mile north of the entrance to t9ildwaod Station in the City. of i'>enai. The letter of request for rezonins;, which i.s on file, was read. Public notice tva.s published in the August S Y. 15 issues of the Cheechako N~ti=s noting the ,... ~'iiiuilC 11ear:iYi±.;~ tv be lie iii liv the Clty of IiESnal AuvisOry Planning Commission on August 14, 1974, and the Kenai Penin- sula Boraugh Planning Comcnssi.on on August 19, 13?4; Due to a 7.ack of a quorum at the Kenai Peninsula Borough P3arming Commission mc-eti_ng on August ].9; 197n, the public notice was readvcrtised in the August 22 & 2c3 issues of the Cheechako News rescheduling the public hearing for September 3, 1974 Thepublic natice wa.s read and it was noted that of the fourteen certified mailings of the public notice sent out, . ten have been returned. The City of i~enai Advisory Planning Commission held the advertised public hearing on August 14, 1974, and recommended approval of the rezoning. The Planning Staff has reviewed the request and the City of I;enai recommendations and suggests the Planning Commission recommend to the assembly the rezoning be granted as provided in Ordinance 74-44. Chairman Dimmiclc opened the hearing to the public. r.4r. John ~Pil].iams, representing his client who purchased the land, noted that the original plat was designed as a major housing development for ltiildwood Station when the U. S. Air Force occupied it. The subdivision never sold and they are requesting rezoning to light industrial. P,ir. Z4illiams was not at liberty to announce the name of his client, but noted that it was a national firm which would be using the land for warehousing and supply. They have purchased 35 acres and plan to develop only 12 acres in the center. As there was no further testi- mony, Chairman TJimmiclc closed the public hearing.. Commissioners Amundson/Suszka moved to recommend to the assembly that the rezoning be granted as provided in Ordi- n~nce 74-44. The motion carried unanimously. KENAI PT'NINSULA BOROUG'i PLANNI.T. 'LOIQING C0~",.~IISSIO.^I h4EETINC; . PAGE 3 SEPTE?~2T3ER 3 , 197•= 3. Radar Subdivision, Blacks 5, 6, 7, & 8 and Loia 3-].4, Block 17 (Vacation & Rcplat) This subdivision i.s located on the "forth Yenai Road appro~;- imately 3/4 mile north of the entrance to ltii].dwood Station in the C9.ty of Kenai.. The letter of request, which is on file, was read. uubl.i.c notice was nub].ished in the August 8 & 15 issues of the Cheechako Nears noting the public hearings to be held by the City of Kenai Advisory planning Commission on August 14, 197, and the 1{enai Peninsula Borough Planning Commission on August 19, 197. Due to a lack of a quorum at the Kenai Peninsula Borough Planning Cormnissi.on rneetinn of August 19, 197!x, the nub].i.c notice was readvertised a_n the August 22 Fz 29 issues of the Cheechako News reschecluli.ng the public hearinY; for September 3, 1974. The public notice was read and it was noted that of the fourteen certified mailings sent out, ten have been returned. The City of Kenai Advisory Planning Commission held the advertised public hearing on August 14, 1.974, and recommended approval of the vacation and replat. The Planning Staff has reviewed the request and the City of Kenai recommendations and recorrunends the Planning Commission approve the vacation and replat subject to the Planning Commission approval of a plat showing the vacation and replat acid the recordation of that plat. Chairman Dimmick opened the hearing to the public.. There being no testimony, the public izcaring was closed. Commissioners Suszka/Hi.nes moved to approve the vacation and replat upon recordation of the final plat. The motion tvas unanimous: AGErIDA ITE12 E: Review of Plats Before starting the review of the plats, Mr.. Best wished to note that a subdivision plat .should not be sent back to the subdivider unless there are serious errors on the plat. He noted that some of the plats reviewed at the August 19, 1974,. meeting should not have been sent back, such as Scout Lal>e Subdivision which was deferred-until a letter from the Alaska Department of Envizonmental Conservation was received waiving the lot sire requirement. T2r. Best stated that this held up the subdivider for at least another two weeks until the Planning Commission met again. Chairman Dimmick stated they did not intend .to have to review the plat again, they • just wanted to make sure the Alaska Department of ~nviron- mental Conservation letter was received before the plat was recorded. She noised that the borough policy does not spec- ifically require a letter from the Alaska Department of Envir- onmental Conservation, and this was what Commissioner Nelson objected to. 1. Resubdivision of Lot 1, Bloc'. 6, Kenai Townsite (Preliminary/Final) This subdivision is located at the junction of r2ission Avenue • and Qverland Avenue in the City of :Kenai. The letter from the surveyor, which is on file, ~=as read. The Planning Staff has reviewed the plat and recommends • preliminary/final approval subject to: 1. The date be shown on the plat. 2. 20' building setback line be shown 3. The block number be labled. 4. .Utility easements as requested by HEA. _ .., , •~ 'KENAI PLANNING ~ SPECIAL MEETING, 7:00 P.M., CITY JON NELSON, VICE e ZONING COMMISSION FEBRUARY 5, 1975 ~Il~NACER' S OFFICE CHAIRMAN ITEM 1: ROLL CALL Members Present: Jon Nelson, Nels Kjelstad, Beverly Fillio, Cli for Heus, Harry Gaines Members Absent: Ron Malston and Betty Glick F.x-Officio Member Present: Councilman Edward Ambarian Also Present: Mr. ~, Mrs. L. H. Norene, Mrs. Norma Walker, Mr. T'om Murphy and Mr. Ken Lancaster, Jr, ITEM Z: APPROVAL OF MINUTES The .minutes of the regular meeting of January 22, 1975, were approved unanimously. ITEM 3: OLD BUSINESS a. State Land Selection Councilman Ambarian officially. reported to the Commission that the Kenai City Council had accepted the Commission's second choice of ADL Lot nbrs. 30, 31, 32 and 33 (evaluation of $36,300 - 13,47 acres) of Section 26, T6N, RI2W, SM for the State Land Selection. ITEM 4: NEW BUSINESS a. Murphy Lease Application Mr. Murphy advised the Commission of his plans to construct a 2-stall, self service car wash and had made lease application of Lot 9, Block 2, Fidalgo Commercial Center. Mr. Murphy felt that the location of his. proposed building .site was excellent for potential trade as that area is the hub of much activity in the area. Councilman Ambarian advised that he felt drawings or layout of the lot, etc. be presented to the Commission before final approval be given. Clifford Heus also suggested that perhaps an alternative location could be selected for lease with Less passible traffic congestion. KENAI PLANNING ~ ZON ~~ COMMISSION ' 'SPECIAL MEETING -'FEBRUARY 5,.1975 Page Two .(Murphy Lease MOTION Jon Nelson mo rec{uest until . a development Nels Kjelstad ~. Motion passed continued) ved to table action on the Murphy lease Mr. Murphy has presented the Commission plan for their review.. seconded the motion. unanimously. b. Sea~Land Freight Service,'Inc. - Lease Application Mr. Ken Lancaster, Jr. of .Sea-Land Freight Service, Inc.. advised the Commission that -they were presently located on Lot. S, Block 2, of the Cook Inlet Industrial Air Park and are requesting the lease of Lots 6, 7, and 8, Block 2 of CIIAP for the purpose that the additional. lots would.. serve as a much needed parking facility for Sea-Land equipment. MOTION Nets Kjelstad moved that the Commission approve the. lease application per. recommendation from the City Manager in that the. lease be for one year contingent upon ,approval `of a development plan and one year for substantial completion of development with an option to renew f.or 53 years on Lots 6, 7, and 8, Block 2, Cook. Inlet Industrial Ai.r Park, Beverly Fillio seconded the motion. Motion passed unanimously. c. Public Hearing - Radar Subdivision Jon Nelson, Vice Chairman, .recessed the special meeting of the Kenai Planning F Zoning Commission for the pur- pose of a Public Hearing to rezone all. of Blocks 1, 2, 3, 4 and 9; Lots l and 2, Block 12; Lots 1 and 36, Block 17; Lots 1 through 9, Block 11; Lots 1 through 22, Block 10; the SW1/4, SWI/4, NW1/4, Section 25, T6N, R12W, SM; and those areas designated as "Park" all within Radar .Subdivision and within the City of Kenai from Suburban Residential to Light Industrial. Nels Kjelstad expressed desire for more input from the Borough Planning Department as no study has been presented as to the advisability of the rezoning of the remaining properties in ~ Radar Subdivision. Mr. Kjelstad also emphasized his feelings in that the pxevious area in Radar Subdivision had been "spot zoned" and much more investigation should .have been made into the matter as to whether areas within the City of Kenai should be KENAI PLANNING F; ZON7 `~ COMMISSION a vPECIAL MEETING - FEb..JA}tY S, 1975 Page three (Public Hearing - continued) interspersed with varying types of zoning not in accordance with the Kenai Comprehensive Plan. Jon Nelson advised the: Commission that the Borough Planning Commission acted on recommendation of the Kenai Advisory Commission in the matter of the prior ..rezoning of that portion of Radar Subdivision which is now Light .Industrial.. Mr. L. H. Norene also expressed the desire to have it on record that over 500 of the property owners in the area had agreed to the rezoning of the remaining por- tion of Radar Subdivision from Suburban Residential to Light Industrial.. After much discussion by the Commission and. those property owners present on the pros and cons of the rezoning of that portion of Radar Subdivision petitioned, the Commission took the following action: MOTION Beverly Fillion moved the Kenai Advisory Planning Zoning Commission recommend to the Borough Planning Commission that the subject properties within Radar Subdivision (Blocks I, 2, 3, 4 and 9; Lots land 2, Block 12; Lots l and 36, Block 17; Lots I through 9, Block 11; Lots 1 through 22, Block 10; the SW 1/4, SW 1/4, NW 1/4, Section 25, T6N, R12W, SM; and those areas designated as "Park", all within Radar Subdivision and within the City of Kenai) be rezoned from Suburban Residential to Light Industrial, In addition, the -Kenai Advisory Commission requests-that before any further rezoning. of areas w?thi:ri the City~of Kenai be considered, the Borough Planning Com~r~ission present an extensive and in-depth development plan of the specific area in question so that zoning be made compatible with the City of Kenai Comprehensive Plan. The Kenai Advisory Commission also recommends that the bluff properties in the area of Radar Subdivision remain as Rural Residential and not be rezoned in the future. The motion was seconded by Harry Gaines. Motion passed unanimously by the Commission. ITEM 5: ADJOURN Jon Nelson, Vice-Chairman, brought the special meeting of the. Kenai Planning ~, Zoning Commission back to order and there being no further business, the meeting adjourned at 9:00 p.m. ~j _,c__ Su C. Peter, ecretary S- KENAI PLANNING F~ ZUNING COMMISSION SPECIAL MEETING, FEBRUARY 5, 1975 7:00 P.b~i., CITY MANAGER'S. OFFICE JON NELSON, VICE CIIAIRMAN ITEM l: ROLL CALL ITEM 2: APPROVAL OF MINUTES, JANUARY 22, 1975 ITEM 3: OLD BUSINESS a. b. ITEM 4: NEW BUSINESS a. Murphy Lease Application b. .Sea-Land Freight Service, Inc. Lease Application c. Public IIearing: Radar Subdivision ITEM 5: ADJOURN ~~ V ~ _ • a1j+~r/ ~" ~ ~` ,~. .~` ~Q'',,.,~ ~_~~ ~f-~' m „ ~~~ ~~ ~~; ~~~ 'f~, 1~, a 4 ~~. o m ,~., .-~. ~ , f MEMORANDUM T0: FROM: DATE: SUBJECT: PLANNING $ ZONING COMMISSION Roland D. Lynn,. City Manager February 4, 1975 MURPHY LEASE APPLICATTON Construction of a car wash appears to be needed in the community. Water is available on Fidalgo Street and sewer on Willow Street. Assessments for water and sewer will be charged in addition to the annual rent. In order to assure utilization of the land, I would recommend that a lease be approved fox one year with option to extend for 54 years contingent upon substantial completion of construction. Rolan D. Lynn, y Manager RDL:sp Enclosure 't Lease Application ~1~~ ®~ ~~~~ ~ # P9 1 of 2 P. O. Bold 580 ~ftiAt, ALASiLA - P9iORIE 283-7535 ~ Name of Applicant e.~ /~ Address. ~4~' ~ ~/~ /1 ~'%'1 9' Business Name and Address ~~ ...~ .Kenai Peninsi.la Borough.. Sales Tax No. State Business License iJo. I Piione ~ g ~ ' ~~~ ( check one } _Lease Perini t Lot Description jam. ~(~ -` ~ ` ~ ~~~~%~:~~~ ~~-Jvrv»~u~.~..~ ~a . ~ ~ Desired lengtt-i of Lease or Permit l Property to be Used for _c'e~--~ -- Description of developments (type, construction., size, etc.) Attach development plan to s ale 1 inch = SO feet, showing all build- ings planned. Time Schedule ~ Date ~ ~ Q Si ed Lease Application C.~~`~' ~.~ I~~I~Tr`~I ~ Page 2 of 2 P. O. 80X 580 - KENAi, ALASKA - PHONE ~E3-7535 For your information Annual rental rate or cost $1,282.00 Zoned for Commercial Permits .required Assessments $1,730.23 each for w/s if paid in lump sum or $257.86 per ~: -y e-a-~--~~r°`-t~r----~-r-6-~--yea-rs . Insurance required Contai._ned in contract. Construction ITtUSt be started by July 1, 1975 Completion date for major constructions February 2, 1976 Routing City .Council Time R ecgxamended by This appl~.cation wi13. be a part of the lease Appz-ovals; Planning Cbmissions b}~ City Cbuncil by Recerpt acknowiedg~d by applicant Planning Commission Time_ '~ w r ... , . `"J ~ ~ O 1 'p ~ -M 2 ~ • W cO o. - t.)~ ~ o 1 0` .J o_ m _Q o U ~ N f - N C r N J'`1 m m ~ ~~~~GGjj.. ' J`7 I Ci - ~ ~ Y j r v .521 .521 .t2[ ,on .19'921 O „ ~ n c `e C N O O O f0 -N a ~ s ~ ~ ~ 1 _ ~n ~ ~ ~ E k ap ~ ,n O _ min 9 2 2 ~ , ~ N ~. • Y ~ S! OSr 05,. m M G v ~,• ~ ~ ~ ~ - N t~ b. a ~ H O h C ~ O, „ ~ ~ M..,- ~,, lr •OS( P9'6fr N Q Q O O ~ o N O ~ a~ 285.7 r _d 2 .~ a ~, , m N „ ~ Jy,~9'i sr LtJ 9r _ d• ~ ~' 165.2 .u ~S • - O N O ~ ~r `A O -- .~ - 'a~ ,~ - ,h Q O -_o 4. .n .IE'y Y, to ~ w h 4 _ O O N ,OSJ ~SO•Ba2 .QCr ,O 7 ,$O'BIr ~ ~ I O N v O N H V ~ ~ ^ h .EE•Ez! :LS MO'711M i ~ ~ . ~.~ ~I(f~~~t~;t~. ~~ ~~ ~ d ~/ ti -' .E ,,,~ f o r V ~1¢ ~c - ` F '~-'`>~ ~`"~'(~~' MEMORANDUM T0: PLANNING ~i ZONING COMMISSION =~,~ ~~~.~ ~ ~~1. ~f~/.~(~1r~J /1r . FROM: Roland D. Lynn,..City Manager DATE: February 5, 1975 ~. , -', ~~ _ _ Sea-Land has applied for a lease for Lots 6, _ `~ ~ ~~ 7, 8, Block Z, Cook ..Inlet Industrial Air Park, _'" ,.~` ` '' for S9 years. The. intended area for trailer arkin will be used. ~"` - , p g. ~ r- t - _~~ ~~ I would recommend that the lease be for one (I) ~F~~ year contingent upon approval of a development plan .and one (1) year for substantial completion °"~ of development with an option to renew for 53 years. ' `~ Roland D. Lynn, i anager ~` ~~ RDL:sp Enclosure ,, ~~ E ~, Lease Application C17"I' 0~ K~N~ I P. O. BOD( S80 - KE3VA1, d6ASK1~ - PWOiVE 283-7535 pg 1 of 2 Name of Applicant Ken Lancaster, Jr. Sea -Land _ __ Address Box 1087' Kenai Alaska Busne s Name and Address Sea-Land Freight Service. n~„ Box 1087' Kenai= Alaska 99611 Kenai Peninslzla Borough Sales Tax No. Applied For Sate Business License ~o. 7~t-12056 Phone 283-7111 (check ones Lease Permit Lat Description~Lots Six (6), Seven (7) and Eight. ~$)~ Block Trro ~1,~ Cook. Inlet Industria]. Air Parko Desired length of Lease or Permit 59 Years Property to be Used fox Parking Description of developments (type, construction, size, etc.) Level Area for Trailer Parking, Attach development plan to scale 1 inch 50 feet, showing all build- ings planned. Time Schedule Date 2-5-?5 Signed v ~ ._.~ '4 ~~ PENINSULA CLARION PUBLIC NOTICE .Notice is hereby given that petition to rezone all of Blocks 1, 2, 3, 4 and 9; Lots 1 and ~, Blocl~ 1?; Lots 1 and 3G, Block 17; Lots ~. through 9, Block 11; Lots 1 through 22, Block. l0; the SWnS1Y~NS9'. Section 25, ~'GN, 1~12W., 5.T2. ; and those areas designated as "Park"~, all within Radar Subdivision and within the City of Kenai from Suburban Residential to Light Industrial was received from the majority of the property owners by the Kenai Peninsula Borough Planning Commission, November g, 1974. Public hearing on this .petition for rezonirm ~.~ril1 be held.' by the City of Kenai Advisory Planning Commission at its meeting, February 5, 1975, which commences at 7:OO P.Td., City Manager's Office, Airport Terminal Building, Kenai, Alaska. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning Commission at its scheduled meeting, February 10, 1975,. which commences at 7:30 P.b2., Borough Administration Building, Soldotna, Alaska. Public hearing on Ordinance No. 75-4 concerning this rezoning ..petition will be held by the Kenai Peninsula Borough Assembly at its regular meeting, February 1$, 1975, which commences at 7:30 P.~!1., Assembly Room, Borough Adinin Craton Building, Soldotna, Alaska. _ Anyone wishing to present testimony concerning this rezoning petition should do so at_these hearings. G. S. Best Planning Director _t: PUBLISH: 2X (January 30 Fa February 6, 1975) ,- f f ~ •~ ~ U n I _ ~ I .,.~ , ~~ a~ +~ ;.~~ ~a ~ ~-- ; +~ s., ~. ~-' w W ~.-"- ` 1 ~~~ ^ ~ ~ ~, ;.~ V~ ~ \,~ U ~ ~_ ~ . J !~ •'~ ~. ~ ~ _ ~~ ~ ) ,~ ~ ,,; , . ~. . -: C \ I~, 1 N ~ N ~~ °= l ~_ ' r -~ i H ~ ~ ~ a-' i r w Rio- ~ I ° ri ~ a R ~ `, { ~ ~ a 'cs a . f v N +~ ., ~ - +~ ~' w ` ~ ~ ~ "~ N c¢`d ~"~ ~ ~-. p . .~-: p ' .. ; .t V ~ 4r` h/ ~~ ~, ~~ ~~] - `f, `\ '~ "^ C~ \• ~ ~ • ~ a ~ f~ O / _ ~ _ ~ l~ a~ 1 _ ~~ /- ~ J i ~ ~' ~ ~ / ~ ~ ~ -7 _..- m ',r ~ / ~' '` ,~ ~ ~ \. ,- ~~ .• ', ~- i~ ~ '~ - \ = icy, *~ _ ~ - ;., -- ~ ~ ~; - - ` ~ ' ' _ 'r `mot i \'V ~~ i ~' ~--~ t~ \~ t'~- .,~j ~•.~ C_~ t, ' t.-> ~: C~ __. ... NOMER.. :.._._.._._ A Vim.. _ . ~\ •,\ e ,~ v ~\ \ ~. A~ ~ r- 5~ -~ ~~ 0 Z ~' / ~-- ~~ ,~, *'~+' ~~ r MEMORANDUM T0: PLANNING ~ ZONING .COMMISSION MEMBERS DATE: February 5, 1975 .SUBJECT: BLOCKS 5, 6, 7 and 8 AND LOTS 3 THROUGH 14, BLOCK 12, RADAR SUBDIVISION Attached is information on the first portion of Radar. Subdivision that was re-zoned from Suburban Residential to Light Industrial. scp attachments 3 ~ MINUTES OF MEETING OF PLANNING COMMISSION ON AUG. 14, 1974 Present: Ron Malston, Nels Kjelstad, Jon Nelson, AI Hudson Absent: Ruby Coyle, All Cruver, Jim. Elson Alsa present: Leo Oberts, John Williams, Roland. Lynn Open at 7:10 p. m. Minutes of the last meeting were approved. No ofd business. New Business: a. Public Hearing - Rezonning and Vacation -Radar Subdivision. John Wiliiams requested the Planning Commission to approve re-zonning the property from suburban residential to light industrial . The land has never been developed; the company which will purchase the property is a large,. but unnamed oil company which plans to immediately erect a $200, 000 warehouse. and storage yard. The development plan calls for the land. to be cleared in the center with an access road from the highway. ..Trees will screen .the developed area on four sides. . Moved by Hudson; seconded by Nelson to vacate and rezone the Radar Subdivision from suburban residential to light industrial and that the Borough look into rezonning the areas near the .subject property, north. of Wildwood Drive, to light industrial. Passed unanimously. b. Request for trailer variance. -Marilyn Scott. Action deferred until Marilyn Scott can appear. Invite Borough Planner to attend the regular meeting of the Kenai Advisory Planning Commission on September 25, 1974 to discuss the Barough Comprehensive Plan and related matters. Meeting adjourned at 8:20 p.m. .~ CHEECIiAKO NE~9S s PUBLIC NOTICE Notice is hereby given that petition to vacate all parks, roads, lats and easements within Blocks 5, 6, ? and $ and Lots 3 through 14, Block 12, Radar Subdivision within the City of Kenai and revert to acreage was received from the owners' agents by the Kenai Peninsula Borough. Planning Commission, July 26, 1974. Public hearing on this petition for vacation and replat will be held by the Kenai Peninsula Borough Planning Commission at a special~meeting,:'.September 3, 1974, which. commences at 7:00 p.m., Borough Building, Soldotna, Alaska. Anyone wishing to present testimony regarding this matter should da so at th~.s hearing. G. S. Best Planning Director PUBLISIi: 2X (August 22 & 29, 1974) $. f CHEECIiAhO NE~9S r PUBLIC NOTICE .Notice is hereby given. that petition to rezone Blocks 5, 6, 7 and 8 and Lats 3 through I4, Block 12, Radar Subdivision, within the City of Kenai from Suburban Residential to Light Industrial was received from the owners' agents by the Kenai Peninsula Borough Planning Commission, July 26, 1974. Public hearingon this petition far rezoning will be held by the Kenai Peninsula Borough Planning Commission at a special meeting, September 3, 1974, which commences at 7:00 p.m., Borough Building, Soldotna, Alaska. Public hearing on Ordinance 74-44 concerning this rezoning peti- tiara will be held by the Kenai Peninsula Borough Assembly at their regular meeting, September~3, 1974, which commences at 7:30 p.m., Assembly Room, Borough Building, Soldotna, Alaska. Anyone wishing to present testimony regarding this rezoning petition should do so at this hear.ing.~ G. S. Best Planning.Director PUBLISH: 2X (.August 22 & 29,.1974) ,y a Introduced by: ?~Tayor Date: Au~lzst 6, 1974 Hearing: September 3, 1974 KENAI PENINSULA BOROUGii ORDINANCE 74-44 All OP~DTNANCE ENTITLED: "AN ORDINANCE CONCERNlI~TG REZONING SYITiiIN TIIL CTTY OP' I~ENAI" BE IT ORDAINED BY THE ASSEisZBLY OF THE KENAI PENINSULA BOROUGIi Section I. The fallowing described area located within the C'ty of Kenai and the 114unicipal Zoning District is. hereby rezoned. Blacl~s 5, G, 7 and. ~3 and Lots 3 through . Y4, Block I.2, Radar Subdivision within the City of Kenai from Suburban Resi- delltial to Light Industrial Section 2. The of f.a_cial zoning map of the City of Kenai is hereby amended to reflect the changes provided in Section I.. Section 3. This ordinance shall be effective-immediately upon adoption. ADOPTED B~.' THE ASSET;SBLY OF THE KENAI PENII~TSULA BOROUGII Ti-iIS 3rd DAY OT September 1974. ~TTEST: ...Frances Brymer Borough Clerk ::~ . ~^. '.~3 l~A+ rjuvfa'~'f0/1 \ • ~ ~~ ry I .r Y t I! . L.~ ~ `_ ~ _ '_ LJ ~~ . 26 s~ C/T Y ~ 4.._~,_ :.,. _ ..._ o~ :25 L /M/T ACATE &~REVERT TO ACREAGE; 6i t ~l~~U ~ V 1 I a O~ O ~~ ~ ; , Co~•%fon 7 ® PA ~ ter zREZONE FR0~4 SUBURBAN ~ '`~RESIDENTI~L, TO .LIGHT ~ ~ ~• E• ' 6 .f f'aefa "'-.INDUSTRIAL i~= C/c.r~ i D :~/ g ~ Hanle ~~ ~ - ~M , ' ' `~ 1 ~~~n 1 tt0 ~ 3C• i • ~A (~~ P~ ~ N. /. ~O~ ~ . ~~ \~ ~ ~ ~~ ~ a a ,.-~ > :-~-' , _ ; ~ f• •3 a zo ~ ~ t -~--~- . ~ ~ ~~ 4 ~ ~ `~~' ~ i1 / ~ • Y 1 ~ 1: ~ ~ ~ ~\/v \' _ (" ~f ~1 ~ /~~ y ~l ; ~~ y ,_ _, v ~ (i) O . " ,., ' ..~~ L'r:s •~ cY' ~~-: v tai Y.E?~AI PLNIIv'SUL.9 I30I:OUG11 PLAtIKI. Rc 701~ING CO~.I~fISS70Y 11EF.1'I?VG PAGr ? SErTRri}3I:H 3 , 1974 The Planning Staff has reviewed the request and the City of lIomer recommendations and sugl;ests the Plannin, Commission recommend to the Assembly that Urdinance 74-d1, which would accomplish this rezoning from R'esidentia). cl.assi.ficai;ion to Coffvnerci_al classification, not bs approved as per the City of Homer's recommendations. Chairman Dimmicl. opened t$e hearing to the public. }1r. :Gilbert Russell stated that hc; ieished to withdrax~ his request for rezoning. He had decided that a variance ~voul.d be more in line tvitb what he vranted to do with the. property. Lir. Russell asked ";Ir. Best how to ~ o about requestin~• a variance. 'ir. Best repli€:d that a request would have to be submitted to the Planning Commission and a public, hearinh would have to be held.. The rerauest for variance should state a specific purpose, i.. e., type of expansion. Fieques%s fore variances do not have to go be::ore. the Borough Assembly as rezon~_ng. As there eras no further testirnonq, Chairman Dimmick closed the public hearing. . Commissioners Hines/Amundson moved to approve the staff's reco.~unendai:i.on that t11e ?;orou~.;h Assembly not approve Oi•di.- Hance ?4-41, which would accomplish the rezoning. The motion passed unanimously. . 2. Radar Subdivision, Blocks 5, 6, 7, ~ 8 and Lois 3-14, Block I2 (Reraning) . This subdivision is located on the tdorth ?;cnai: Road ai~,proZ- i.mately 3/~l mi.le north of. the entrance to 1Yild~.voad Station • in the City of 'r>enai. The letter of request foi, reroninfi, . which i.s on file, leas read. Public notice w:,s published in the August S P: 15 issues of i:he Cheechako Nc;ws noting the . I'iii}ii1C 1',8ril'irir~S tv Lc lieu Uy tiiG Cii;~' U~ i:f:nal (:Vi501'y Planning Commission on August 1~4, 1?74, a;nd the lic;nai. I.~etiin- sula Bo~~ough til.a~ining Conunission on August 19, I9?4; Hue to a lack of a quorum at the l:cnai Peninsu?:a Borough Planning Commission meeting on August 7:9; 197?, the public notice-.:was reaclvertised i.n tl,e August 22 ~: 2~} issues of the Cheer,Yi~il:o News rescheduling the public hearing for September 3, 174. The pu`ulic notice teas read and it was noted that of the fourteen certified maili.n~s of the public notice-sent. out, . ten have been returned. The City of i~enai Advisory Planning Commission held the advertised public hearing on August 14, 1974, and recommended approval of the rezoning. The Planning Staff has reviewed the request and the City of I;enai reconLnendations and suggests the Plarniing Commission . recommend to the assembly the rezoning. be granted as provided in Ordinance ?4-44. Chairman Dimmic'<t opened the hearing to the public. T.4r. John. Williams, representing his client x•ho purchased the land, noted .that the original plat was designed as a major housing development for B'ildwood Station when. the U. S. Air .Force occupied it. mhe subdivision never sold and. they arc requesting rezoning to light industrial. bir. Williams was not at liberty to announce the name of his client, but noted that it was a national firm which would be using the land for warehousing . and supply. They have purchased 35 acxes and plan to develop only 1? acres .in the center.. As there was no further testi- mony, Chairman Dimmi.ck closed the public hearin. Commissioners Amundson/Suszka moved to recommend to the assembly that the rezoning be granted as provided in Ordi- Hance ?4-44. The motion. carried.unani:mously. '~ ,° Y.h:vAI P):^1INSULr9 I30hOUGJi PLAPININ ZOJdZNO C0~1'~fISSIO~i }il's1iTING PAGT ? SEPTRY3J3r}d 3 , 1 X37 4 The Planning Staff has revie~•ed the requost and .the City of Ilomex recommendations and suggests the Planni.nr, Commission recommend to the Assembly that Urdinance 7.1-41, which ~;•ould accomplish this rezoning from Residential classification to Commercial classification, not be approved as her the City of Homer's recommendations. Chairman Dimmick opened the hearin,r, to the public. r.3r. Gilbert 13usse1l stated that he. ~eished to withdraw his request for rezoning. He had decided that a variance would be riore iu line with what he ~~:anted to do with the property. 1,ir. Russell asl~ed *,ir. Best how to ~;o about requesting a variance. ':3r. 3est replied that a request would have to . be subm.ittecl to tha Planning Ca~rmi:ssion and a public hearing would have to be held. The request for variance should state a specific purpose, i.. e., type of expansi.oii. RecTues%s far variances do not have to go be.fo-re the Borough Assembly as rezon_nb. As there; ~h•as no further testi_mon~; , Chairman )iimmick closed the public hearing. . Comni.ssioners Hines/Amundson moved to approve the staff's recommendation that .the Borough r'~ssembly not approve 0~•di.- nance 74-41, which would. accomplish the rezoning. The motion passed unanimously. • , Z. Radar Subdivision, Blocks 5, G, 7, ~ 8 and Lots 3-14, • Block 12 (Rezoning) - This subdivision is located on the North ?;cnai. Road approx- imately 3/4 mile north of the entrance to I"iild±vaad Station • in the City of 'r>enai. 1'he letter of request for rezonins;, . ~ehich i.s on file, was read. Public notice u:xs published in the August S 1?z 15 issues. of the Cheecliako N~cvs nati.n~ the . piiuli.c hear~.r~.~s tv be lielii liy tl~e Cit}• o* l:r:nai Aiivi5ory Planning Commission on August 14, 1974,. and the l~cna: Peiiin- sula .2oraugh Dlannir~ Corrunissi.on on August 1'}, 1974, Due - to a lack of a quorum at the I:euai Peninsula Borough '?lanning Com.-mission meeting on August ]:9, 197, the public notice ~t•as reaclvertised in the August 22 ~; 29 issues of the Clzeecha=u> Neivs rescheduling the public hearing for. September 3, 1974. The. public notice was read and it was noted that of the fourteen certifie:i mailings of the public notice sent out, . ten have been returned. The City of iienai Advisory Planning ~ommissi.an held the advertised public hearing on August.: 14, 1974, and recommended . approval of the rezoning. The Planninr~ Staff has reviewed the request and the City of l;enai. recommendations and suggests the Plannin}; Commission • recommend to the assembly the rezoning be granted as provided in Ordinance 74-44. - Chairman Dimmiclc opened the hearing to the public. T.3r. Jolm t~illiams, representing his client who purchased the land, noted that the original plat a•as designed as a major housing development for ltilchvood Station when the U. S. Air Force occupied it. The subdivision ne~.er sold and they arc requesting "rezoning to light industrial. ?3r. {silliams was not at liberty _ to announce the name of his client, but noted that it eras a national firm which ~vould be using the land for warehousing and supply.. They have purchased 35 acres and plan to develop only 1?, acres in the center. As there was no further testi- mony, Chairman 'gimmick closed the public hearin;. .Commissioners Amundson/Suszka moved to recommend to the assembly that the rezoning be granted as provided in Ordi- • a.nce 74-44. The motion carried unanimously. ,+ .~: KF.NAI PENINSULA BOROUG'i PLANN7?' ZONING C'O~i~IISSIO°I AIEITINfi PAGIs' 3 SrPTEri1RFR 3i 1.974 3. Radar Subdivision, Blocks Vii, &, 7, & 8 and Lots 3-14, Block 13 (Vacation & Beggar) This subdivision is located on the ".orth Kenai Road appr.o~:- imately 3/4 mile north of the entrance to 1'~ildecood Station in the City of Kenai.. The letter of request, which is on file, was read.. Uubl.i.c notice v;.~s nub]ishcsl in the August 8 & 15 issues of the Cheechako "Iou•G noting the public heari.n~;s to be held by the City of Kenai Advisory planning Commission on AuZust 14, 1cJ74, and the :{enai peninsula Y.orough Planning; Commission on Autust 19, 1974. Due to a lac}c of a quorum at the }:enai I?eninsu].a Borou,•h manning Corvnissi.on meeting of August 19, 1974, the pub ].i.c notice ryas readvertised in -the August 22 Fi ?9 issues. of the Cheechalso Ye:vs rescheduling the public hearing; for September 3, 1974. Tlie public notice was read and it was noted that of the fourteen certified mailings sent out, ten have been returned. The City of Kenai Advisory P.Ianni.ng Commission held the advertise:i public hearing on Au#;ust 14, 1974, and recommended approval of the vacation and repl.at: The Planning Staff has reviewed thy.request and the City of Kenai recommendations and recotn=nends the Planning Commission approve the vacation and replat subject to the Plaunin~ Commission approval of a.plat showing the vacation and replat and the recordation of. that plat. Chairman Di.mmick opened the hec~.ri.n? to the public. There. being no testimony, the public hearing was closed. Commissioners Suszka/IIi.nes moved to approve the vacation and renlat upon recordai:ion of the final plat. The motion was unanimous. AGErl}1A ITIi~t >;: Review of Plats Before starting the review of the plats, Air.. Best tvi.shed to note that a subdivision plat should not be sent bac'.c to the subdivider unless there are serious errors on the plat. Iie noted that some of the plats reviewed at .the August 19, 1.974,. meetinb should not have been sent bac}c, sorb as Scout Lahe Subdivision which ryas deferred until a letter from the Alaska Department of I:nvirontnenta.l Conservation was received :vaiving the lot size requirement. Air. Best stated that this held up .'the subc}wider for at least another t:vo weeks until the Planning- Commission met again. Chairman Dimmic)c stated they did not intend to have to review the plat again, they just wanted to make sure the Alaska Department of ~nviron- mental Conservation letter .was received before the plat teas recorded. She noted that the borough policy does not spec- ifically require a letter from the Alaska Department of £nvir- onmental Conservation, and this :ras what Commissioner :Ve].son objected to. 1. Resubdivision of Lot 1, Bloc'. S, Kenai Townsite • (Preliminary/Final) This subdivision is located at the junction of ?fission Avenue and Overland Avenue. in the City of ?enai. The letter from the surveyor, which is on file, was read. The Planning Staff has reviewed the plat and recommends • preliminary/final approval subject.to: 1. The date be shown on the plat. 2. 20' building setback line be 'shown 3. The block number be gabled. 4. .Utility easements as requested by HEA. /J,?/~11.~~G L R~ ~! ,,. ~.4e~ ~~ rT ~ ~,`~F~,, : ~ ~~o~ ~~ili ~~. ~i.Z<~~r~y_ .. ~, ~, -es 4 ..i ~' February 14, 1975 Mr. Gordon Tibbets Fost Office Box 13.78 Kenai, Alaska 99611 Dear Mr. Tibbets: Your operation of a garage on Forest Drive is not within the list of permitted uses for a Suburban Residential zone. Continued operation is in violation of KPC 20.30.080, .sub-paragraph 2. By the authority granted to me n.KPC.20.3Q.200 and upon instructions from the Kenai City Council, you are hereby .ordered to discontinue the illegal use immediately. Continued .violation of this order will .result in a fine.: of $100 per day. for every day of non-compliance. If you have any questions regarding your right to appeal, you may contact either myself or the Kenai City Attorney. truly yours, ~,~ Ro and D L nn V I y City ,'tanager RDL:sp CC: Members, Kenai City Council Members, Kenai Planning $ Zoning Commission Borough Mayor Stan Thompson ~~ 1 KENkI PENINSULA BOROUGH ~~R-- -Box 850 Phone 262-4441 ~ SOLDOTNA, ALASKA 99669 ~- ~ ~'` ' STAN TWO PSpN February 20, 1975 M ,. Mr . Roland Lynn , City Manager City of Kenai P. O. Box. 580 Kenai, Alaska 99.611 Dear Mr . Lynn: Enclosed herewith is a copy of Resolution 7~5 of the Kenai Peninsula Borough which is self-explanatory ,together with a copy of an excerpt from the minutes of the Kenai Peninsula Borough Planning .Commission, a copy of the Assessor's plat of the property, and a suggested form of resolution to be passed by your city in the event that your city has_no immediate public use for the property concerned. Since this property is located in ar near Ninilchik it does not.appear that your city w oulci have any reason to have an immediate. public use for it, however, the statute cited in he resolution seems to give "the city" a chance to utilize properties in the borough and outside of cities, and since the statute isn't clear,. it appears to me that every city in the borough must pass such a resolution before: the property can be sold . When all of the foreclosure deeds are straightened up, l would expect a long list of properties , some of which may be near your city and for which you might have an immediate public use; :however,. this is brought at this time because through mischance a taxpayer failed to pay taxes.. and if all the governmental entities find no immediate public use for the property, the taxpayer has a right to repurchase the property an payment of all taxes, penalties, costs of foreclosure:, and interest due thereon. With respect to the properties listed in the attached resolution, the person eligible for the oid .age exemption thought. that all of her properties were covered by that exemption rather than just a 5 acre tract upon which her dwelling was located , and thus through. this mis- understanding she failed to pay taxes on 2 other parcels of property. d Mr ..Roland Lynn February 20, 1975 Page 2- If your city finds no immediate public use for these properties , I would hope that you. would be able to pass a resolution in the form suggested promptly and return an executed copy,. certified by the clerk, to me so that this elderly person may be allowed to pay. her taxes, penalty, and interest , together with .costs of foreclosure , and repurchase these pro- perties. _ Sincerely , ~~ ~~ ~~ ~. Ben T . Delahay Borough Attorney BTD/tb Encs . -Kenai. Peninsula Borough Resolution 75-5 Excerpt from Il~inutes of the Kenai Peninsula Borough Planning and Zoning Commission Mee#ng of January 20, 1975 Assessor's PIat showing the property involved Suggested farm cf Res~,lution for. City Councils to pass 1 ~ t i 1. .. ~. ." :, ~e; -:: Introduced by: Mayan ; Date: February I8, 1975 ~ .Y .:=, KENAI PENINSULA BOROt1GH .RESOLUTION 75-5 •~: A RESOLUTION FINDING TfiAT CERTAIN TAX FORECLOSED PROPERTIES `: T ARE NOT REQUIRED FOR PUBLIC USE .AND THAT THE SAME SHOULD BE PLACED ON A LIST OF PROPERTIES FOR SALE . ," - WHEREAS , in the 1973 tax foreclosure action far i 971 and .y 1972 taxes. the Kenai Peninsula Borough received a deed to certain properties in the Homer Recording District described as: - s S 1/2 N 1/2 SE 1/4 h'E 1/4 of Sec. 4, . T2S, R14W, S.M. , containing .10.00 Acres, . more or less (Tax Parcel #I59-030-0600) S 1/2 N if 2 SW 1/4 NW 1/4 West of the•-" - Sterling Highway of Sec. 3, T2S, ii.1At1T, ., S .RI . , containing 2 . SO .Acres , more or Iess ~ - (Tax Parcel #159-050-1500).; and `3 WHEREAS, acting on advice of staff, the Planning Commission of the Kenai Peninsula Borough has passed a motion that the above described properties. not be retained for public use; and r : j'1'HEREAS , if .the Iand described is not needed for immediate public use by the borough, it should be deeded to the city having an immediate public use far it, but if none then it should be placed an a Iist of tax fore- . closed lands for sale; Now Therefore , . t BE IT RESOL~TED BY THE ASSEb1BLY OF THE KENAI PENINSULA : BOROUGH: ~ _ `.f . , <:~ That the Assembly of the Kenai Peninsula Borough hereby finds that said Kenai Peninsula Borough has no immediate public use for the following described properties: -Y: ,~,. --~ `. • _ a ~. . ~ Kenai Peninsula Borough ~. Rrsalution 75-5 Pagc 1 of 2 'Pages .. -,' .- j - ,-~ •ti -i ,s i • W S 1/2 N 1/2 -SE 1/4 NE 1/4 of Sec, 4, • T2S, R14t'V, S.!11. , containing 1.0.00 Acres, • more or less (Tax Parcel #159-030-0&00) . S 1/2 N 1/2 SW 1/4 NW 1/4 West of the Sterling Iiighcray of Sec. 3, T2S, R14W, ~ _~' S.A'I. , captaining 2.80 .Acres, more or less ~ ~ (Tax Parcel n159-050-1500) ~ _ ~ .~ - That a ~cogy of this resolution be transmitted to the cities of the . borough for determination as to whether any city has any immediate public _ use far the above described property; ' That if any city determines that it has an immediate public. use for said property , .that said property should be conveyed to such city an payment _ to Kenai Peninsula Boa ough of the unpaid borough ta~.es and costs of fare- elosure levied against the property before foreclosure; - That if each of the efties of the borough determines that it does pat _ have an immediate public use for said properties , then said properties _ . should be placed on a list of tax foreclosed properties to be sold by the Kenai Peninsula Borough. ADOPTED BY THE ASSEDIBLY OF THI; KENAI PENINSULA BOROUGH. THIS 18th DAY OF FEBRUARY , 1975. • • Assembly President - ATTEST: Borough Clerk ,,. ~' • Kenai Peninsula Borough ftesalution 75-5 .: . Page 2 of 2 Pages _ .. -i .. .. ~ 'Y . - ' J . # - ~ '~ s l ~'- n ~.- . lCENAI PENINSULA.BOROUGII PLANNING.& ZONhIG COMMISSION. MEETING -~ . i • NUARY 2 G J 9 . A 0, 1 ..A E i4. 75 • Commissioners Palm/Nines moved. to grant the right-ol-way as requested. There being no objection, the motion carried. ' AGENDA ITEAI K: Other Business dir. Best advised the commission that•two parcels o! land had been foreclosed on and the owner now wished to redeem them. Theseare described asr Sa9I~SEaNW;, Section 4, T2S, R14tV, S.'4., - containing 10 acres .more or less (tax parcel #159-030-0600) • gad SAN}ST~wi1~Y; west of the. Sterling ?iighway, Section 3, T?S, R14'rY, S.Ai., containing 2,$0 acres more or less (tax .parcel #159-050-1500). Air. Best stated the borough does not need these for public use and requesteda motion far the same . from the commission. _ . that these parcels as ~ - Commissioners English/Nines moved - .. ~• . described in the staff's report not be retained for public . use. There being no objection,'the motion carried... - ~. ~ ~ ` ' ... ~ AGENDA ITE?a L: Director's Report ~` J. •.~ Nr. Best advised the commission of a meeting o be held in _ • ~ .~~ Anchorage, January 29th, at 10:00 a.m_,`Loussac Library, - • -f City Council Chambers, concerning the transportation cor- . ~ ridors. bir. Best advised the commission that oral or written ..: testimony concerning the corridors will be acceptable. dir. Best and Aiayor Thompson attended the Federal-State Land - •• Use Planning Commission meeting in Anchorage on January 13 - - and 14, at which. time land use problems were discussed. • • While in Anchorage, Mr. Best met with-the new Director of " the Alaska Division of Lands, AIr. Smith, and discussed with Mr. Tubbs clarification. of the statutes regarding vacant. gad unappropriated lands .with regard to land selection. dir. Best. advised. the commission than the selection of the` - _ lands which the borough requested title in order to subdipide . • ~• and sell a portion not. to exceed five acres to Mr. Lloyd Strntz • - - ~ - was rejected by the'.Division of Lands due to an oi.l_and Sas ~~ z lease on thesubjeot property and also is part of the iced • _ " dieat Industry. lease.. At the .moment, it appears Mr. Strutz _ - _ would be wiser to move his mobile-home onto .his own property • :; 8s this could be delayed for .quite some time in .effort to s -. ~ - '. resolve the problem. _ -. _ ._ Another selection of the borough's cvas re3ected by the Alaska:. -• ~ -. Division of Loads. This selection is in the area of the r ' ' Captain Cook. State Park in .the Ns~rth Kenai area.. As the park • was constructed through special legislation, it is doubtful '. the borough will act on this rejection. • •. ~ dir. Best advised•the commission that the stns! would be mailing ~ _ A questionnaire out to them requesting their background, length .~ •~ ~ of time within the borough,. hobbies, etc.,. to be used in the - Borough Briefs Afini-Profiles. • i ` ~ ~ Commissioner Amundson stated that septic tank gumpings from ' the Cooper Landing area are having to be hauled and dumped . _ ~ _ in Kenaf causing considerable extra exgense to the resi3ents. ' . Commissioner Amundson asked if it ~cauld be possible for an area to be provided for septic. tank pampings in the Cooper . Landing area. _ ~ - ~ dir. Best explained the borough dorsa•t have the authority • to handle septic tank pumpinns but does realize it is a ,`. . ~ problem and reco,nizesthe need for such areas .. ~• :, ~ - . , a. ... ~ ~ " ~ ~ ... ~ t _ _ •~ • • ~ • +• ~~ l N _ 4 ` .., /~~ ~ .~ t jZ Q C • f ri « ~ H ^ N ~a J < O~ to 4 Y ~ A pro { • +~. _ ~. F.' ~ ~• ~ ~ O? O ~ ~~•~ }~"• . a (~ - ~ V~f~t, `G ` ©v~ H .. w. ' v ~ •~•V ° a Q~ O'~ .r Qn ~ OS ,~ -; O~ a ~. .i~ ~ r j. Off. J n v w ~ ~ - t~. (=~'` OEf' 1 i # •:.~ : • ~ - , i _ 0 [e~ ~ ~ t ~ • " '~ ~ 11 n s ~ ~ ~ ` ~ .' - Q /~ ! ~ \ , .. a .: A 1 ~ ~ - I ` ~ ~ I _ . - - • ; + ` - _ ... ti . .. _ ~ .} .. 4. ' - ._ -. ~ + . . •~ _ .. ., • - .. ~# ' .. •~. . . • '~ r..wuw...........~......«.... ..~».,,..~«...:.wr. i~ w.. V.~+~ ~.~-N.w.~. , - ~N wi.~w r, .a~. ~..Y.«+ ~ s ~ ~ ~ ~ ~ - ~ CITY OF RESOLUTION NO. A RESOLUTION .DECLARING THAT THIS CITY DOES NOT HAVE AN IMMEDIATE PUBLIC USE FOR CERTAIN TAX FORECLOSED PROPERTIES - DEEDED TO THE KENAI PENINSULA BOROUGH... ' WHEREAS , the Kenai Peninsula Borough has adopted Resolution 75-5 finding that the .borough has. no immediate .public use for certain. properties in or near Ninilchk which were deeded to he borough pur- suant to the 1973 tax foreclosure action fora 1971 and 1972 taxes; and WHEREAS , AS 29.53.36Q (c) provides that unredeemed. property . Iying within the borough outside a city shall be deeded to the city if the borough does not have an immediate public. use: for said property but the city does have an immediate public use, subject to payment of costs of foreclosure, taxes, and interest as provided in AS 29.53.385; NOW THEREFORE , BE IT RESOLVED BY .THE CITY' COUNCIL OF THE C1TY OF That the City Council of the City of hereby finds that said city has no immediate public use for the. following described pra- perties S I/2 N 1/2 SE 1/4 NE I/4 of See. 4, T2S, R 14W , S . M . , containing- 10.00 Acres , more or less (Tax Parcel #159-030-060Q) r. S 1/2 N 1/2 SW 1/4 NW 1/4 West of the f Sterling Highway of Sec. 3, T2S, R14W, S.Nf . , containing 2.80 Acres, more or Less (Tax Parcel #159-050-1500) . -. That a copy of this resolution be transmitted to the Kenai #. Peninsula Borough addressed to the attention of the Borough Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF THIS ;_ DAY OF 1975. =~ ~: `-~; ATTEST: Mayor i.. J e . .+ ,_ City Clerk ~//~it~~%~ :, '- ~ 1t~ : ' ! ~ , ,~ ° ~' ~ ~ ~y~ , ~~r ~ ~ ~ ~- '~. ~f ~~ _ ~_;;~, ~ f~l ~ ., .~ ~ ,~- .--i r ~ A .t ~_ ,~,, ,~ d ~< MEMORANDUM T0: KENAI PLANNING ~ ZONING COMMISSION ~~~~ ~` FROM: Roland D. Lynn, City.. Manager DATE: February 21, 1975 .SUBJECT: MEETING - FEBRUARY 26, 1975 Just a reminder of the Regular Meeting of the Planning ~ Zoning Commission at~7:00 p.m. at City Hall Wednesday, February 26th. We are enclosing a copy of the tentative agenda for your review as well as a copy of the Ordinance defining rules and regulations governing the administration of City-owned lands. Please bring the copy of the Ordinance with you to the meeting as Rick Baldwin, City Attorney, will be rec{uesting Commission input before .the final copy of the Ordinance is prepared. Also enclosed for your information is a copy of a letter sent to Mr. Gordon. Tibbets.advising him to discontinue operation of his garage on Forest Drive. RDL:sp Enclosures TENTATIVE AGENDA: KENAI PLANNING Ia ZONING COb~t~IISSION REGULAR bIEETING, FEBRUARY 26, 1975 .7:00 P.M., CITY MANAGER'S OFFICE RON MALS1'ON, CI-[AIRMAN ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, FEBRUARY 5, 1975 ITEM 3: OLD BUSINESS ITEM 4: NEW BUSINESS a. C. R. Baldwin, City Attorney - Planning Commission input on. Ordinance of City-Owned Lands b. ITEM S: ADJOURN r Y - CITY OF KENAt, ALASKA ORDINANCE NO. AN ORDINA NCE DEFINING RULES AND. REGULATIONS GOVERNING THE .ADMINISTRATION OF CITY-OWNED LANDS Table of Contents ARTICLE t RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF CITY-OWNED LANDS Section I. Lands Available-for Leasing _ Section 2. Qualifications of Applicants or Bidders Section 3. Applications for Leasing -Filing Fee Section 4. Deposits for Casts Section 5. Rights Prior to Leasing Section 6. Classification Prior to Lease Required Section 7. Public Use Section 8. Review :...Section 9. Term of Lease Section 10. APPraisai . Section I! . Annual Rental Section 12. Responsibility to Property Locate on Leased Premises Section 13. Lease Utilization Section l4. Adjustment of Rental Section !5. - Subleasing _ Section 16. Assignments Section 17. Modification Section f8. Cance9tation -Forfeiture Section I9. Notice. or Demand Section 20. Rights of Mortgagee or Lienholder Section 21. Entry and Re-entry .Section 22. Re-lease Section Z3. Forfeiture of Rental Section 24. Written Waiver Section 25. Expiration of Lease Section 26. Removal or Reversion of fmprovernents Upon Termination of Lease Section 27. Rental. for Improvements or Chattels Not Removed Section 28. Sanitation -Page One, ORDINANCE N0. 252-74 3 /~ Section 29. Building and Zoning Codes Section 3Q. Fire Protection Section 31. Inspection Section 32. Personal Use of Materials .Section 33. Rights of Way Section 34. .Restrictions and Reservations Section 35. Waste and Injury to Land Section 36. Warranty Section 37. Lease Rental Credit Section 38. Approval. of Other Authorities ARTICLE It MATERIALS USE AND DISPOSAL • Section 1. Unauthorized Removal of Material Prohibited Section 2. Removal Not Authorized by Deed or Lease Section 3. Disposition of Rights. by Council ARTICLE 111 Section I. Penalties Section 2. Severability Clause Section 3. Repealing Clause Section 4. Effective Date BELT ORDAINED BY THE COUNCIL DF THE CITY OF KENA1, ALASKA: ARTICLE - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF CITY-OWNED LANDS Section I. Lands Available for Leasing. AI! the-€~rFi lands within the limits of the City to which the City holds title may be leased as hereinafter provided, fa~t~t~acor~hq: et f EL. A_TC 1-fn_ - .. L . ` C . L~ Section 2. Qualifications of Applicants or Bidders. An applicant or bidder far a lease is qualified. if the applicant or bidder: (a) !s a citizen of the U. S. and is nineteen (19) years of age or over, or Page Twa, ORDINANCE NO. 252-74 y (b) Has filed a declaration of intention to become a citizen and is at leas nineteen (t9) years of age, or (c) Is a group, association, or corporation. which is authorized to conduct business under the Laws of Alaska; or (d) Is acting as an agent. for another and has qualified by fiting with the. City Clerk, ~~~ ._ .~_ ,.. r_ -- ---~~ ~,~, a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only one principal,. o the exclusion of himself. Section 3. Applications. Ail applications f©r lease of t~`Iands shall- _ be filed with. the City Clerk on forms provided by the City, available at the City Hall Building. Only forms completed in full and accompanied by a $1Q.a.0 filing fee will be accepted for fiting. Filing fees are not refundable. With every application the applicant. shall submit a development plan showing and stating (I) the purpose of the proposed lease (2) the use, value and nature of improvements. to be constructed (3) the type of construction (4) the dates construction is estimated to commence and be completed. (5) .whether. intended use complies with - the zoning ordinance and comprehensive plan of the City. Section 4. Deposits for Costs. All applications filed with the City. Clerk wilt be forwarded to the .City Engineer or other desfgnated official, to determine his estimate of cast .required to handle the application, including but not limited to one or more of-the fol{owing: survey, appraisal, and advertising of the area: under application. Upon determination said official wil( Notify applicant in writing of such costs,. and deposit shall be made therefor within thirty (30) calendar days after notice is dated. Failure of applicant to pay _ deposit shall result in the application being cancelled. if the applicant does not accept a lease within thirty (30) calendar days after it is offe.ced to the applicant, .all deposit money spent or encumbered for survey, appraisal or advertising - shall be forfeited, and the balance, if any,. shall tae returned to the applicant. ' If the land applied far upon hrhich deposit for casts i~, made is teased to another, the {atter steal! be required to pay actual costs of survey., apprai-sal and advertising, and the original deposit shall be returned to the depositor. Where the applicant becomes the lessee, he shall be required #o pay any excess of costs over deposits, and where the deposit exceeds actual costs,. the excess shalt be credited to present or future rents. under the lease. All survey, appraisal .and advertising shall be performed only under the authorization of the City, and any such work done without such. authorization shalt. not qualify.. Section 5. Rights Prior to t_easinq. The filing of an application fora lease shall give the applicant no right to a lease or to the use ~f the land applied for. Any use not authorized by tease- shat I constitute a trespass against the City. Page Three, ORDINANCE NO. 252-74 y; Section 6. Classification Prior to Lease Required: Before accepting applications to lease-tidelands the .area involved shall have first been classified for permitted land uses and a land use plan of the area prepared and publicly posted in the office of the City Clerk for a period of not less than: ten (l0) calendar days. The land use plan shall be prepared by the Kenai Planning Commission and approved by the Council prior to posting... . Section 7. Public Use. The lease of any City-t~elands may be made to . any State or Federal agency or political subdivision of the State for less than . appraised value, as may be determined by the City Manager with he approval of the Council to be in the best interests of the public. Sect+on 8. Review. Na leased I nd may be changed in use, nor may any renewal lease be issued until the ~~~, se~`use or renewal has been reviewed by the Planning Commission and approved by the Council. Section 9. Terms of Lease: Ail leases f~-ef-net-t~a~t~#a~a-- .5}-yew-~--s shall be approved by the City Council before the same shall become _ effective. The term of any given lease. shall depend .upon the durability of the proposed use, the amount of investment in improvement proposed and made, and - the nature of the improvement proposed with respect to durability and-time required to amortize the proposed investment. .p.1iP~t f--~r--~s-=- _.gr-eater_tba~~-~-y-ea-rs,-tben ~Psti©n _ rt,P ~'har-ter-of-t~h"e~ity of 1Ce ~ u: e~f-ar~-y-ham-~far-~'fii-~h o ime is , -tM-TT-~~;on ~f the charter of ~+• ~~,~--~:.~:-1-be-ad-he~ret~-#s.. Section 10. Appraisal . No lands shall be leased, or~,a renewal , T lease issued, unless the same has been appraised within l~ .:`~~~~`~r~~_~r or'~~y~ to the date fixed for. beginning. of the term of the lease or renewal lease. No land shall be leased for Tess than the approved, appraised annual rental., except as set out in Section 7. Appraisals shall reflect the number and value of City .services rendered the land in question. /~1"iV~t,v~~~~; ~ ~ ~ Section 11. Annual, Rental . Annual minimum rentals shall be computed from the approved appraise- market value., and shall be the lowest acceptable bid in the event of an auction. -s~a~-be-ais~ett'at-nit-less t ~ d-eetnpa~ct-~fi 1 su;G.ta ho .,,~. ~f +t.,o_+.,-+.e~{,a~d, as a s1t.E1.p_nrt fnr ~..--,.~~.-v,-z,z~--tea 4:611-so art of the ~ ~ o r than ~., ~a~-sf-tie-.._ e an ,may- re ect t e va ue a i s oca , cuc-h vat~~~ may inrt~~~tp a ~nncideration of the~inanciat~talue to be derived from i " Page Four, ORDINANCE NO. 252-74 ,, :. ` ". Section 12. Responsibility to Properly Locate on Leased Premises It shallbe the responsibility of the lessee to properly locate himself and his improvements on the leased land. It shat( be unlawful to encroach on other lands . of the City, or on lands owned or leased by another, and violation shall 'constitute a misdemeanor. Section 13. Lease Utilization. Leased glands shall be utilized for L'' purposes within the scope of the application, the terms of the lease, and in conformity with the ordinances of the City, including the zoning ordinance, and in . substantial conformity with its comprehensive plan. Utilization or development for. other than the allowed uses shall constitute a vials#ion of the lease and subject the lease to cancellation at any time. Failure to make substantial use of the land, consistent with the proposed use,. within one (I) year shall, in the discretion of the City Manager with'the approval of the Council, .constitute grounds for cancellation. Section 14. Adjustment of Rental. All leases steal contain the agreement -.J~i~' ~, ~~ of the lessee to an adjustment of the .annual rental. paymentby the City Manager' ~-' ` ~-~'`~ ^'J~ '~ every fifth year. Any_.cbe.ng~s nr arty ~%ma-r-i ~~ ~I ` ,,:~Y ~t-~`-trpon-ttte ';t~ ='- v~les of ~om~arable land in the same ~~ cimitar ^ra^e nvnl .°~-~e-ef-bi~i-ld tjg~- -~~t~ tf" ~~r E?f~-t---t3.,..t 4. t t ., ~ on~t 1~rird fi I ~_..ay,~.ly_,,.~.p- r r ~artl-y_pl aced~by--the-C-~-ty-4r-e ~.i:ea~.el..uag~r_r-oad-s ~w~d--b , Section 15. Subleasing. Na lessee may sublease lands or any part thereof leased to him hereunder, without prior Council approval.. Subleases shalt be in writing, and be subject to the terms and conditions of the original" lease . Section 16. Assignments. No lessee may assign the lands leased to - him without prior Council approval, The assignee shat( tie subject- to all of the provisions of the lease. Any attempted assignment made in violation. of this Section shall be void . Section 17. .Modification. Nolease may be modifsed orally or in any manner other than by an agreement in writing, signed. by all parties in interest or their successors in interest. Section 18. Cancellation -Forfeiture. (aj Leases in good standing may be cancelled in e~+hole or in part, at any time, upon mutual written agreement by lessee and the City Council., (b) Any lease used for unlawful purpose may be cancelled. Page Five, ORDINANCE NO. 252-74 ..e ~ /. - '/ - .. i CSA (c) If the lessee shall default in the performance observance. of any of the lease terms; convenants or stipulations thereto, or of the regulations. now or hereafter in force, or any of the ordinances of the City, and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by .lessee of the conditions warranting default, the City shalt subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease.. No improvements may be removed by lessee or other person during any time .the lessee is in default. This provision shall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease,_immediately upon the occurence of a default. Section l9. Notice or Demand. Any notice or demand, which under the. terms of a lease or under any statute must. be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shaft thereafter be so given; made or mailed. A notice given hereunder shall be deemed delivered when deposited in a lJ. S. general or branch post - office, enclosed in a registered or certified mail prepaid wrapper or envelope; addressed as hereinabave provided. Section 20. Rights of Mortgacaee or Ltenholder. In the- event of cancellation or forfeiture of a lease far cause, the holder of a properly. recorded mortgage, conditional assignment or collateral assignment will have the option to acquire the lease for the unexpired term. thereof, subject to the. same terms and conditions as in the original tease.. Section 2t. Entry and Re-entry. In-.the event that the lease should be terminated as hereinbefore provided,.. or by summaryproceedtngs or otherwise, or in the event. that the demised lands, or -any part thereof, should be abandoned by the lessee during the said term, the Lessor or its agents, servants, or representative, may,. immediately or any time thereafter, re-enter and .resume possession of said lands or such part thereof,.. and remove atf~ persons -and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being Liable for any damages therefor. No re-entry by the lessor shat I be deemed an acceptance of a surrender of the lease. Section 22. Re-lease. In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the City Manager may offer said lands for lease or other appropriate disposal, pursuant to the provisions of this Ordinance. Section. 23. Forfeiture of Rental . In~ the event that the lease should be Page Six, ORDINANCE N0. 252-74 J .:.. - Y .terminated because of any breach by the lessee,. as herein provided, the annual rental payment last made by the ,lessee shall be forfeited and retained by the , :lessor as partial or total liquidated damages for said breach. Section 24. Written Waiver. The receipt of rent by the Lessor with knowledge of any breach of the lease by the lessee, or any. default on the part of ; the lessee in observance or performance of any of the conditions or covenants of the (ease, shall not be deemed to be a waiver of any provision of the lease. No failure on the part of the lessor to enforce any covenant or ;provision therein. contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants.or provisions, or affect the right of the lessor. to enforce-the same in the event oil any subsequent breach or default. The receipt, by the lessor, of any cent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor. .of any notice thereunder to effect such termination,. shall not reinstate, continue, or extend the resultant terra therein demised, or destroy, or in any manner .impair the efficacy of any such notice or termination . ' as may have been given thereunder by the Lessor to the >aessee prior to the receipt of any such sum of money or other consideration, un ess so agreed to in writing and signed by .the lessor... Section 25. Expiration of Lease. Unless the lease is .renewed or sooner terminated as provided herein., the lessee shall peaceably and quietly (save, surrender and yield up unto the .lessor alt of the. leased land, on or before the last day of the term of the lease. Section 26. Removal or Reversion of Improvements :Upon Termination .. of Lease. Improvements owned by a lessee shall within sixty: (60} calendar days after the termination of the lease be removed by him; provided, such removal will not cause injury or' damage to the lands; and further .provided,. that the City Manager may extend the time for removing such improvements in cases where hardship is proven.. The retiring lesseemay,.with the cs~nsent of the Official, sell his improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to said, lessees paying. to the City pro-rata lease rentals for said period. ~O If any improvements and/or chattels having appraised value in excess of ~S,a',000.00 as determined by the Assessor, and are not removed within the time allowed, such improvements and/or chattels shall upon due notice to the - lessee, be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding, if he placed such. improvements and/or chattels on the lands, after deducting for the City all rents due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sale, the City Manager' is authorized to bid, in the name of the City, an such improvements, and/or chattels. The bid Page Seven, ORDINANCE NO. 252-74 'r money shat I be taken from the fund to which said. Lands belong and .the. said fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. City shall acquire all rights, both . legal and equitable, that any other purchaser would acquire by reason of said purchase. 0 If any improvements. and/or chattels having appraised value of ~~5,000.00 or less, as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall revert to, and absolute title shall vest in, the City. Section 27. Rental of Improvements or Chattels Not Removed. Any improvements and/or chattels belonging to the lessee or placed on the (ease during the lessee's tenure with or without his permission and remaining upon the premises after the termination date of the Lease, shall entitle the lessor to charge a reasonable rent therefor. Section 28. Sanitation. The lessee shall. comply with a!I regulations. or ordinances of the City which are promulgated for the promotion of . sanitation. The premises of the lease shall be kept in a neat, clean and sanitary condition and. every effort shall be made to prevent the pollution of water. Section 29. Building and Zoning Codes. Leased lands shall be utilized in accordance with-the building and zoning ordinances and rules and regulations of said authority. 1=allure to do so shall constitute a violation of the lease. Section 30. Fire Protection. The lessee wi I I take a! I reasonable precaution to prevent, and take al I necessary action to suppress, destructive or uncontrolled, grass; .brush or other fires on leased lands, and comply with atl laws, regulations and rules promulgated and, enforced by the City for fire protection within the area wherein the leased premises are located.` .~ Section 31 .. Inspection. The lessee shall allow authorized representative of the City to enter the leased land for inspection at any reasonable time. Section 32. Personal llse of Materials. All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject. to Tit{e 11 ~ Division I, Chapters 4~, 5 and. 6 of the Alaska Administrative Code, are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat-moss, topsoil, or any other material valuable For building or commercial purposes; provided, however, that material required for the development of the leasehold may be used, if its use is first approved by the City Manager. Section 33. Rights of Way. The lessor expressly reserves the right Page Eight, ORDINANCE. NO. 252-74 ,., ! to grant easements or rights of way across leased.. land if it is determined in the best interest of the City to do so. The lessee whose wands such easements or rights of way shall cross shall be entitled to damages for all improvements - destroyed or damaged. Damages shall be limited to improvements only, and' loss shall be determined by fair market value. Annual rentals may be adjusted to compensate lessee far loss of use. Section 34. Restrictions and Reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest. Section 35. Waste and. Injury to Land . if any :person shat l commit waste,. or tresp-ass o ther injury upon City (and, the person sa .offending, in addition G to being ci illy liable for any damages caused., shall be deemed guilty of a misdemean - Sect'son 36. Warranty. -The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable. to employ ~iand to said use... Section 37. Lease Rental Credit. When authorized in writing by the City Manager with approval of the City Council.,. prior to the commencement of .any work, the lessee may be granted credit against current or .future .rent, provided, said work., accomplished on or off the leased area, results in increased valuation of other City owned lands. Said authorization may stipulate type of work, standards of construction and the maximum allowable credit for the specific. project. Section 38. Approual of Qther Authorities.- The issuance by the City of deeds or leases under the provisions of this Ordinance does not retieue the grantee or lessee of responsibility of obtaining licenses or permits as may be _ required by duEy authorized Borough,.. State or Federal Agencies. ~y - I ,, ,~. - . ,_ . _,~ r ~r _.~ ARTICLE II , ,.~ --,_ USE AND DISPOSAL OF MATERIALS ON CITY LANDS Section I. Any person, firm or corporation who without written authority from the City removes rock., grace( or other material from the lands. owned by the City without the express consent of the City Manager shall be deemed guilty of a .misdemeanor. Any criminal action taken against such person shalt not preclude the institutuion of civil proceedings by the City. Section 2 . No deed or lease granted by the City to any person. shall. contain terms. or be construed as granting any right to remove material from - Page Nine, ORDINANCE NO. 252-74 a ~. , G i ty ~~~~r~St~~IrFi,~ lands Section 3. In recognition that conditions may exist from time to time whereby use of such lands and the material comprising the same may be beneficial to the public interest and promote .the progress and e development of the City, applications for the use thereof may be received and considered by the City Manager, providing such applications fully disdase to the City all material facts and plans far the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City and referred to the City Planning Commission for its recommendations. Disposition of such applications shalt be made by the Council as required herein... ARTICLE Ill Section 1. Penalties. Any person violating any of the provisions of this Ordinance shall be deemed guilty: of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding ONE .HUNDRED and. No/i00ths ($f00.00) DOLLARS. Each day such violation is committed or permitted to continue shall constitute a separate offense and shalt be punishable as such hereunder. Section 2. Severability Clause. if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such. portion shall be deemed a separate, distinct and independent provision, and such holding-shalt not affect the validity of the remaining portions hereof. Section 3. Repealing Clause. A11 ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Page Ten, ORDINANCE NO. 252-74 t~....~:,~..:~' CITY OF KENAI, ALASKA ~S ~-1~ ORDINANCE NO. AN ORDINANCE DEFINING RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF CITY-OWNED LANDS Table of Contents ARTICLE I RULES AND REGULATE©NS GOVERNING-THE ADMtN1STRATtON OF CITY-OWNED LANDS ' Section I. .Lands Available for Leasing - Section 2. Qualifications of Applicants or Bidders .Section 3. Applications for Leasing- Fi-ling Fee Section 4. Deposits for Costs Section 5. Rights Prior to Leasing Section 6. Classification Prior to Lease Required .Section 7. Public Use • Section 8. Review Section 9. Term. of Lease Section l0. Appraisal:. Section tl. Annual Rental .Section 12: Responsibility to Property Locate on Leased Premises Section 13. Lease. Utilization Section t4. Adjustment of Rental Section I5. Subleasing ..Section 16. Assignments.. .Section 17. Modification Section 18. Ganceilation -Forfeiture Section t9. Notice or Demand Section 20. Rights of Mortgagee or Lienhotder .Section 21. . Entry and Re-entry Section 22. Re-lease . Section 23. Forfeiture of Rental - Section 24. Written Waiver. Section 25. Expiration of Lease. " Section 26. Removal or Reversion of Improvements Upon Termination of Lease Section 27. Rental for improvements or Chattels Not Removed Section 28. Sanitation Page One, ORDINANCE NO. 252.-74 i ~. Section 29._ Building and Zoning Codes Section 30: Fire Protection Section 31. Inspection Section 37. Personal Use of Materials Section 33. Rights of Way Section 34. .Restrictions and Reservations ~ _ Section 35. Waste and Injury to Land Section 36. Warranty Section 37. Lease Rental Credit Section 38. Approval of Other Authorities ARTICLE II MATERIALS USE AND DISPOSAL Section 1. Unauthorized Removal of Material Prohibited .Section 2. Removal 'Not Authorized by Deed or Lease Section 3. Disposition of Rights by Council ARTICLE I11 Section 1. Penalties Section 2. Severability Clause Section 3. Repealing Clause Section 4. Effective Date BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: ARTICLE 1 .RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF CITY-OWNED LANDS Section I. Lands Available for Leasing. All the-l'el~f lands within the limits of the City to which the City holds title may be {eased as hereinafter provided f~faet~+q: ( a ( ~r ar u iv~sion, t ~C~ Section 2. Qualifications of Applicants ar Bidders. An applicant or bidder for a Jease is qualified if the applicant or bidder:. (a) Is a citizen of the U. S. and is nineteen (19) years of age or over, or Page Two, ORDINANCE NO. 252-74 (b) Has filed a declaration of intention to become a citizen and is at .lease. nineteen (!9) years of age, or (c) Is a group, association, or corporation. which. is authorized. to . conduct business under the Laws of Alaska; or (d) Is acting as an agent for another and has qualified, by filing with the City Clerk, - a proper power of attorney or a letter of authorization creating such agency. The agent shalt represent only one principal, to the exclusion of hirnself. Section 3. Applications. A!I appt cations for lease of t~`tands shall be filed with the City Clerk on forms provided by the City,. available at the City Hall Building. Only forms completed in full and accompanied by a $lt).d© .:filing fee will be accepted for. filing.. f=sting fees are not refundable. ~ With every application the apptican# shall submit a development plan showing and stating (I) the purpose of the proposed lease (2) the use, value and nature of improverrients to be constructed (3) the type of construction (4) the dates construction is estimated to commence and be completed (5) whether intended use complies with the zoning ordinance and comprehensive plan of the City. Section 4. Deposits for Costs. AII~ applications filed with the .City .Clerk wil{ be forwarded to the City Engineer or other designated official, to determine his estimate of cost required to handle the application,.. including but. not limited to one or more of the following- survey, appraisal, and advertising of_the area under application. Upon determination said official wtll notify applicant in writing of such costs, and deposit shall be made therefor within thirty (30) calendar days after notice is dated. Failure of applicant to pay deposit shalt result in the application being cancelled. tf the apptlcant does not accept a lease within thirty (3D) calendar days. after it is offered to the applicant,. all deposit money spent or encumbered for survey,. appraisal or advertising shall be forfeited,. and the balance, if any, shallbe returned to the applicant. If the land applied for upon which deposit for costs is made is leased to another, the latter shall be required to pay actual costs of survey., appraisal and advertising, and the original deposit shalt be returned to the depositor. Where .the .applicant be-comes the lessee, he shalt be required to pay any excess of costs over deposits, and where the deposit exceeds actuaE costs, the excess shalt be credited to present or future rents under the lease. All survey, .appraisal and advertising sha[I be performed only under the authorization of the City, .and any such work done without such. authorization shat l not qualify. Section 5. R~hts Prior to Leasing The filing of an application. for a .lease shall give the applicant no right to a lease or to the usebf the land applied R :.for. Any use not authorized by lease shalt constitute a trespass against the City.. Page Three, ORDINANCE NO. 252-7~ t ,~ . Section 6. Classification Prior to Lease Required. Before accepfiing applications to lease fildr~tands the area: involved shall have first been.- classified for permitted land uses and a land use plan of the area prepared and publicly posted in the office of the City Clerk for. a period of not less. than ten (10} calendar days. The land use plan shall be prepared by the Kenai Planning Camrnission and approved by the Council prior to posting.. Section 7. Pubf is Use. The lease of any City-t~elands may be made to any State or Federal agency or political subdivrsan of the State for less than appraised. value, as may be determined. by the City. Manager with the approval of the Council to be in the best interests of the public.. Section 8. Review. No leased .land may be changed in use, nor may any renewal (ease be issued until the purchased. use or renewal has been reviewed by the Planning.Commission and approved by the Council. Sectian 9. Terms of Lease. All leases fc~r-terf~-~€-net~aara+~ ~-i~s._(~i~-yes=s shall be approved by the City. Council before the same steal I became ._ effective... The term of any given lease shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, 'and the nature of the improvement praposed with respect to durability and time required to amortize the proposed investment.. o~-i-s-- . _ g~e,:3ter-sha.n ~ „~ r s i ..o ~ n ~ P['t i on of tf~a rah 3~=ter-o'f-tfi~e amity .. ~.. ~CSt~}la+.~ 1-1a ~'{l'14.f-.~".-t8~ it +4-no,~nnt t~-,+ } '~"'~~_ ~h $~La.. O tme }s r -xh~,TSGL~^n ~f tt,P t'harter oft c'it., ~ -~~~l+-be-adhered-tom. Section 10. Appraisal . No s~landg shat~l be teased, or~a renewal tease issued, unless the same has been: appraised- wi hin '; 'U ~ days prior to-the date fixed far beginning of the .term of the lease or renewal. lease.. No land shalt be leased far less than the approved,. appraised annua rental, except as set out in Section' 7. Appraisals shall reflect the number and value of City services rendered the land in question. Sectian II. Annual Rental: Annual. minimum rentals shall be computed from the approved appraised market value, and shall be the lowest acceptable bid in the event of an auction. - ~t~fess t d-~errrpa,ct-fi I t frn+F,~ tom-- ~ as a st~pptLrt-fnr _ art of the e o er than °// - the--p~j~:~.QCP~.~~.CPP t{'lP 1!^ I r ..n~~ fill cn~l an may re ect t e va ue o ~ s oca ~~h value may inrl~Fr-iP a rnnciriPratinn of the financial +,ralue to be derived from i , Page Four, ORDINANCE NO. 2.52-74 i Section f2. Responsibility to Properly Locate on Leased Premises It • shall be .the responsibility of the lessee to properly locate himself and his improvements on the leased land. Lt shall. be unlawful to encroach on other lands . of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor.. Section 13 . Lease Utilization , teased t-lands shaft be utilized for v purposes within the. scope of the application, the terms of the. (ease, and in conformity with the ordinances. of the City, including the zoning ordinance, and in substantial conformity with its comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time.. Failure to make substantial use of'the land, consistent with the proposed use, within one (1) year shall, in the dtscretton of the City Manager with the approval of the C.vuncil, constitute grounds for cancellation. Section 14. Adjustment of Rental. All .leases shalt corrtain the agreement of the lessee to an adjustment of the annual rental .payment by the City. Manager every fifth year. ~ny_chan~cJ.es-ar.~..ad' -p~i~a-r-i+y-apo•rrtfie . v_ land ~#-d.i.n.g r , +u r e s , ae+aax~c -w~aea-l~et~-- • -P~-n~Y Pi- 9 ~~___., P ~ ; ~.g~.~r-Dads wed-by-tE~e-f~s~• Section I5. Subleasing. No lessee may sublease lands or any part thereof leased to him hereunder, without prior. Council approval . Subleases . . shall be in writing, and be subject to the terms and conditions of the original lease Section 16. Assignments. No lessee may assign tfie lands leased to him without prior Council approval. The assignee shall tae subject to all of the provisions of the lease. Any attempted assignment made in violation of this. Section shalt be void. . Section 17. Modification.. No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Section 18. Cancellation -Forfeiture. (a~ Leases in good standing may be cancelled in ~rhole or in part, at any time, upon mutual written agreement by lessee and the City - Counci 1, (b) Any lease used for unlawful purpose may be cancelled. Page Five, ORDINANCE NO. 252-74 .; (c) If the lessee shall default in the performance. of observance of any of the Lease terms, convenants or stipulations thereto, or of the regulations now or hereafter in force, or any of the ordinances of the City, .and should said default continue for thirty_(30) calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the. City shall subject lessee to appropriate legal action, including, but not limited ta, forfeiture of the lease. No improvements may be removed by lessee or other person during any time the lessee is in default. This . provision shall not be construed to prohibit the City .from taking any appropriate legal action, including, but not limited ta, forfeiture of the lease, immediately upon the occurence of a default. $ection 19. Notice or Demand. Any notice or demand, which under the terms of a tease or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made 6y registered or certified mail, addressed to the other party at the address of record. However, either - party may designate in writing .such new or other address to which such notice: or demand shat! thereafter be so given.; made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U. S. general or branch post office, enclosed in a registered or certified ma'ri prepaid wrapper or envelope, addressed as hereinabove provided. .Section 20. Rights of Mortgagee or Lienholder. In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, conditional assignment or collates( assignment will have the option to acquire the lease far the unexpired term thereof, subject to .the same terms and conditions as in the original lease. Section. 21. Entry and Re-entry. !n the event that the lease should be .terminated as hereinbefore provided, or by summary proceedings or otherwise, . or in the event that the demised (ands, or any part thereof, should 6e abandoned by the lessee during the said term, the lessor or its agents, servants, or representative, may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove ati persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being. liable for any damages therefor. No re-entry by the lessor shall be deemed. an acceptance of a surrender of the lease. Section 22. Re-lease. In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the City Manager may offer said lands for lease or other appropriate disposal, pursuant to the provisions of this Ordinance. Section 23. Forfeiture of Rental . In the event that the lease should. be J i .terminated because of .any breach by the lessee, as herein provided, the annual ' . rental payment. last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. Section 24. Written Waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by,the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provision of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor; unless in writing, shat) discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. The receipt, bythe lessor, of any rent or any other surn of money after the termination,: in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to .effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice or termination as may have been -given thereunder by the Lessor to the lessee .prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. ' Section 25. Expiration of Lease. Unless the lease is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender and yield up unto the lessor al! of the leased land, on or before the Last day of the term of the lease. Section 26. Removal or Reversion of improvements Upon Termination of Lease. Improvements owned by a lessee shall within-sixty (60) calendar days after the termination of the lease be removed by him; provided, such removal will not cause injury or damage to the lands; .and further provided, that the City., Manager may extend the time for removing such improvements in cases where hardship is proven.. The retiring lessee may, with the consent of the Official, sell his improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to said lessees paying to the City. pro-rata lease rentals for said period. ~f,~ If any improvements and/or chattels having appraised value in excess of ~,5r`, 000..00 as determined by the Assessor, and are not removed within the time allowed, such improvements and/or chattels shall upon due-notice to the lessee, be sold at public sale under .the direction of the: City Manager. The proceeds of the sale shall inure to the lessee preceding, if he placed such improvements and/or chattels on the lands, after deductiing for the City all rents due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sale,. the City Manager is authorized to .bid, in the name of the City, on such improvements,. andfor chattels. The bid . Page Seven, ORDINANCE N0. 252-74 J=r ,~ / money shall be taken from the fund to which said lands belong and the said fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels.. City shall acquire all rights, both . legal and equitable, that any other purchaser would acquire by reason of said purchase. 0 If any improvements and/or chattels having appraised value of , 000.00 or-less, as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shat I revert to, and absolute .title shall vest in, the City. Section 27. Rental of Improvements or Chattels Not Removed. Any improvements andlor chattels belonging to the Lessee or placed an the lease during the lessee's.tenure with or without his permission and remaining upon the premises after the termination date of 'the lease,..shat! entitle the lessor to charge a reasonable rent therefor. Section 28.. Sanitation. The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation.. The premises of the lease shall be kept in a neat, clean and sanitary condition and every effort shall. be made to prevent the pollution of water. Section 29. Building and Zoning Codes. Leased lands shall. be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do sa shall constitute a violation. of the lease. Section 30. Fire Protection. The lessee wilC take. aCC reasonable precaution to prevent, and take all necessary action to suppress, destructive or uncontrolled. grass, ,brush or other fires on teased lands,.. and. cornpty with all . laws, regulations. and rules promulgated and enforced by the City for fire .protection within the area wherein the leased .premises are located. Section 31. Inspection. The Lessee shall allow authorized representative of the City to enter the leased land for inspection at any reasonable time. Section 32. Personal Use of Materials. Ali coal, oi[, gas and other minerals and all deposits of stone or gravel valuable for extraction or .utilization ..and all materials subject to Title Il. division I, Chapters 4`, 5 and, 6 of the Alaska Administrative Code, are excepted from the operation of a surface Cease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat-moss, topsoil, or any other material valuable 'for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used, if ixs use is first approved by the City Manager. Section 33. Rights of Way. .The lessor expressly reserves the right Page Eight, ORDINANCE NO..252-74 ~ v ,. to grant easements or rights of way across leased land. if it is determined in the best interest of the City to do so. The lessee whose lands such easements or rights of way shall cross shall be entitled to damages-for a{I improvements destroyed or damaged. Damages shall be limited to improvements only,. and loss shall. be determined by fair market value. Annual rentats may be adjusted . to compensate lessee for loss of use. Section 34. Restrictions and Reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public. interest. Section 35. Waste and Injury to Land. tf any person shall commit waste,: or trespass o then injury upon City land.,. the person so offending, in addition ~~„i~ . to being ci illy liable for any damages caused, shall be deemed guilty of a misdemean Section 36. _Warranty. The City does not. warrant by its classification or,leasing of land that the land is ideally suited for the use. authorized under said classification or lease, and no guaranty is given or implied that it shalt be profitable to employ land to said use. Section 37. Lease Rental Credit. When authorized in writing- by the City Manager with approval of the City Council, prior to the commencement of any work, the lessee may be granted credit against current or future rent, provided, said work, accomplished on or off the leased area, results in increased . valuation of other City owned lands. Said authorization may stipulate type of work, standards of construction and the maximum allowable credit for the specific project.: Section 38. Approval. of Other Authorities. The issuance by the City of deeds or leases under. the provisions of this Ordinance does nat relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required. by duly authorized Borough, State or Federal Agencies. - ' „~ ,. , ARTICLE 11 .,, ,~ -. USE AND DISPOSAL OF MATERIALS ON CITY LANDS Section 1. Any person, firm or corporation who wi bout written authority from the City removes rock, gravel or other material frort~r the. lands owned by the City without the express consent. of the City Manager shalt be deemed guilty of a misdemeanor. Any criminal action taken against such person shall riot .preclude the institutuion of civil proceedings by the City. Section 2. No deed or lease granted by the City to any person shalt. contain terms or be construed as granting any. right to remove material from _ Page Nine, ORDINANCE NO. 252-74 ~.~ V~.. City ~~a3r~~. $ Lands. Section 3. In recognition. that conditions may exist from time to time whereby use of such lands and the material comprising the same may be beneficial to the public .interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the City Manager, providing such applications fully disclose to the City all material facts. and plans for the proposed use.; 'Such app}ications shall be consistent with the. Comprehensive Plan of the City and referred to the City Planning Commission for its .recommendations. Disposition of such applications' sh~}all be made by the Council as required herein. ARTICLE tli Section t . Penalties. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined .in an amount not exceeding ONE HUNDRED and NoIl00ths ($100.00) DOLLARS. Each day such violation is committed or permitted to continue shall constitute a separate offense and. shall be punishable as such hereunder. Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and. independent provision, and such holding shall not affect the validity of the remaining portions hereof: Section 3. Repealing Clause. Ail ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby, repealed. Page Ten, ORDINANCE NO. 252-74 ~. ~ ~, /1~,~~r~~~%~ E .Iw " 11f ~~ ~~_E~ ®. T0: Mayor F, City Council ~~ ''*~,1_~'~, :,,;~,, ~ Planning ~ Zoning Commission , a t -,~,t ~: ~ '~ ~~'~ ! ~~ .City Manager FROM: Roland D. Lynn ~'~-~~.~c~.r,Clf~lll~~ , DATE: February 26, 1975 SUBJECT: PROCEDURAL STEPS FOR DISPOSING OF CITY LANDS °: R • f The following are procedural steps for dis- • '~;'' "'~; ~ posing of the. various categories..of Gity-owned land. These steps are in accord with an Ordinance. ;~.. being developed which specifies the manner in which ~~ .~ land is to be handled and disposed of. ~'"' . ~h The .property descriptions. and. land inventory ~ is nearly complete as stated in Mr. Baldwin's memo .~; of 2/24/75. while a map showing City owned lands has been completed, The next .step is to obtain nominations for land people are interested in acquiring; this step will be completed by advertising in newspapers.. and trade. journals in March. T believe that. leasing anal. selling .some of the land is .very necessary in order for the City to avoid both short and long range financial difficulties. Hopefully, the necessary procedural steps can be com- ~, :; pleted by May. RDL:sp Enclosure r e. ~' CITY OF KENAI .SUBDIVIDED. LAND WHICH CAN BE SOLD Procedural Steps 1. R Obtain property descriptions 2. Map showing property 3. Obtain nominations 4. Nominations to Planning Commission a. Decide which land to sell b. Decision on whether or not development plans requiredwith bids S. City Council authorization to advertise for sale 6. Title Opinions on property (Opinions used in-house only) -7. Advertise for sale 8. Include with State and/or Borough land sales 9. Bids submitted with development plan (if required) 10. Planning Commission. approve development plan I1. Council approve execution of deed UNSUBDIVIDED LAND WHICH CAN BE SOLD Procedural Steps 1. Obtain property descriptions. 2. Map showing property 3. Nominations 4. Planning Commission approve re-zoning where required 5. Subdivision Plat presented to Planning Commission ...cont'd. J ~ R -2- 6. City Council approval of Subdivision Plat 7. Subdivision Plat. presented to Borough Planning Commission 8. Advertise for sale; bids submitted with development plan 9. Planning Commission approve development plan 1Q. Council approve Execution of Deed SUBDIVIDED LAND WHICH MUST BE LEASED. Procedural Steps 1. Property descriptions 2. Map showing property 3. Lease applications submitted with development plan 4. Planning .Commission considers development plan S. Council authorizes execution of lease UNSUBDIVIDED AND/OR UNRELEASED LAND WHICH MUST BE LEASED Procedural Steps. 1. Obtain property descriptions 2. .Map showing property 3. Obtain nominations 4, Obtain .FAA release of land where required S. Nominations to Planning Commission for recommendation 6. Subdivision Plat approved by Planning Commission; re-zoning approved where necessary 7. .City Council approval- ...cont'd.. 8. Borough Planning Commission fvr approval of subdivision and re-zoning 9. Advertise (offer to lease) 10. .Planning Commission approval of development plan 11. Council authorization to execute Iease # # # # JOHN GRAHAM !~!N D ~~lVd PAN`S ~~?csAT~cTS ~ ~L~ar~r~~~ry ~~c:~s~v~~R~ 329 "~"' .Strut, ~1nch<rrage;, ~lrxsTca 59501 (907) 27~-$fi06 ~crhrc A~'. l;cu~~ra~e, ,~I.Lt1., )hector- t~,t .~re~cl~orxg~ ~~ee ~~ February 26, 1975 ,`~ j'/ " ~ s ~l~ ,~`~ ` ,..__. , Mr. Roland Lynn, City Manager City of Kenai Kenai, Alaska 99504 Dear Mr. Lynn: As discussed with you yesterday, we are concerned as to the zoning of the particular piece of property bounded by Spur Road and Forest Drive, more specifically described as Lot 53, Block 1 of the Redoubt Sub-Division. My inquiries with the Borough Planning Department indicates an existing zoning of General Commercial and under the proposed zoning to remain such. We have been contacted by an individual who is interested in devel- oping the property in multiple family units, which seems to be a more logical development to suite the locale than commercial. A properly designed development would not only provide for needed housing in the area, but provide for a more acceptable relationship to the existing development than a commercial development. We would appreciate your comments and if multiple housing was permitted, then we assume the density would be that as allowed under Urban Residential (RL1 Zone) in your zoning code for the City of Kenai Municipal District. We will appreciate hearing from you at your earliest convenience. Thank you. Sincer ly, (v ,-•___ John F. Courage JFC: sc Seattle; l~/as7airagCnn fhzrho~a~~e grad ~"airhaaks, .~i[aska t t Memo to: City of Kenai Planning ~ Zoning Commission From: City Attorney Date: February 28, 1975 Subject: City-Owned Lands Ordinance I have made one additional change in the Lands Ordinance which I wish to call to your attention. Section 2 of the proposed Ordinance has been changed to read as follows: "Section 2. Qualifications of Applicants or Bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least nineteen (19) years of age or over; or (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City Clerk a proper Power of Attorney or Letter of Authorization, creating such agency. The agent shall represent.- only one principal, to the exclusion of himself." { have deleted the citizenship requirement for the reason that such a requirement would act as a prohibition upon the City against leasing to a foreign national . Conceivably, at some point in the future, a non-citizen might wish to lease property from the City and erect improvements thereon. I .fail to see. how the denial of the opportunity to lease would benefit the City, especially. in view of the fact that he could circumvent the citizenship requirement by incorporating and. qualifying to do business in Alaska. ~_..- C. R. Baldwin I ~,i FISHER & HORNADAY ATTORNEYS AT LAW JAMES E. FISHER KENAI PROFESSIONAL BUILDING - P. O. BOX 397 JAMES C.HORNADAY KENAI, ALASKA 99611 TELEPHONE 283-756Fk 4 March 1975 Lei f~ ~.. , Kenai Planning Commission ,~,Q. I3ox 580 ~ Kenai, Alaska Re: Restoration of Russian Buildings Dear Members of the Planning Commission: HOMER OFFICE MADEMOISELLE, INC. BUILDING SELDOVtA OFFICE JACK P. ENGLISH BUILDING ~~ In regards to the above, enclosed please find the following: 1. Copy of .letter from Archpriest Joseph ~;re+,:a, dated 28 Feb. 1975 2. Copy of letter to Sister Victoria dated 7 Feb. 1975 3. Copg of letter from John L. Frisbee, III of the National Trust for Historic Preservation, dated 4 Feb. 1975 4. Copy of letter from William Hanable, State Division of Parks In view of the close relationship between the City and the Orthodox Church, in the past and present, it was thought that the City Planning Commission would be the proper Organization to receive this corres- pondence and take this matter under consideration. I would suggest that your coordinate directly with the individuals indicated, yVe are planning on having another meeting of the Mayor's Advisory Committee on History and Tradition on March 25,, 1975 at 4:00 p.m. If possible, you might have additional information available by that time, Thank you. Very truly yours, JAMES C. FinRTQADAY, Secretary Mayor's Advisory Committee on History and Tradition cc: Mrs. Mary Willets Box 484 Kenai, Alaska Archpriest Joseph P. Kreta Box 55 Kodiak, Alaska ~~ C~aE~wc~ox ~iu~i in OginEaicc~. RUSSIAN ORTHODOX DIOCESE OF SITKA AND ALASKA LIAR D 3 ~~75 HIS GRACE V. REV' THE RIGHT REVEREND ARCHPRIEST JOSEPH P. KRETA G REGORV BMNOf Of EITKA AND AIA,KA BoX 55 CNANCfILOR KOdiak, Alaska 99615 February 28, 1975 Mr. James C. Hornaday P.O. Box 397. Kenai, Alaska 99611 Dear Mr. Hornaday, The Russian Orthodox Church in Alaska has taken a great interest in historical preservation, landmarks, archives, and, indeed, in history itself. Your letter to Sister Victoria, dated February 7, presents an interesting proposition that we will want to take under serious consideration. If possible, I would appreciate more information in reference to the restoration of Russian buildings in the older part of Kenai. Just what responsibility would such a program present to the Church? I must confess I am not too familiar with our holdings in Kenai other than the agreement between the City of Kodiak and the: Diocese pertaining to the Fort and restoration of the rectory. For example, would this lease to the City with the forty-some years to run, be involved in the program you mention? And, if so, to what extent would the City be responsible for the improvements on this particular plot, and to what extent would the Church be responsible? If buildings must 'be renovated, must the Church assume a financial obligation, even in part, for such work? If a historical district designation be estab- lished, would land on which no buildings are situated, but within the designated area be effected; and, if so, to what extent? I realize that I am burdening you with a great deal of work, but your letter provides much food for thought; and I would like to present it to His Grace, Bishop Gregory, with as much further information as possible. Thanking you for your concern, and looking forward to hearing from you, I am Yours in Christ, ~'~~ Arch~~ssrie~~~ Joseph P. Kreta Char~caYl or CC ~, John L. Frisbee, III Mrs. Mary Willets Mr. William Hanable Cr~rdin8 Amrrira} Xniq~dr National Trust for Historic Preservation WBST COAST OFFICB 802 MONTGOMHRY STABBT SAN FRANCISCO, CALIFORNIA 94133 (415) 989.6428 February 4,.1975 Mr. James C. Hornaday Fisher and Hornaday Kenai Professional Building P.O. Box 397 Kenai, Alaska 99611 Dear Mr. Hornaday: Thank you for your letter and enclosures relating to your plans for Kenai. It is a most ambitious program which you have outlined and we wish you every success. When Mr. Collins and I visited Kenai last summer, we felt that the old part of the town was among the most interesting areas on the peninsula we saw. I note that Bill Hanable has suggested the possibility of funding assistance through the National Historic Preservation Act programs. We would heartily encourage you to pursue this possibility. We would also recommend that you investigate possible applications of the 1974 Housing and Community Development Act to this project. Information on this program is enclosed. Possibly, the National Trust could provide limited assistance through its own Consultant Services Program, described in the enclosed brochure. Should this program interest you, let me know and I shall forward applica- tions to you. Next time one of our staff is in Alaska, we'll try to arrange a meeting with you. S' ere ~i* /~ ~olit~'L: ~risf~ee, ~~~ Regional Director Department of Field Services Enclosures Wil'liam' El. SaC}ieCK, Sh11~0 ~` Headquartero On'ieet 740.748 Jaekaon Placc, N.W., Waahingtnn, b. G 10006 (202) !A2-0l04 hlidw~eat Qllicet IR00 ~~uth 1`rpirk Avenue, Chl~apa, 1116u+1e AOOIA (!1!) A4l=0170 ~... .~ a ~ o o a IDEPAltTMENT OF NATURAL RESOURCES February 11, 1975 Re: 3800-75 James C. Hornaday Fish, Horn and Hornaday Attorneys at Law P, 0. Box 397 Kenai, Alaska 99611 Dear Jim: Division of Parks DEB 1419?5 JAY S. HAMMOND, Governor' i__ 323 E. 4TH AVENUE ANCHORAGE 99501 This is a short note in response to the minutes of the Kenai Mayor's Advisory •ommirrPP on history and tradition. " As I am sure you know, federal 50% matching grant funds are available through this office for acquisition, stabilization and restoration for properties listed in the National Register of Historic Places. The Church of the Holy Ascension in Kenai is listed in the Register and it is our opinion that the shrine and priests house in the vicinity are included within the boundaries of the Register entry, The three struc- tures are therefore eligible for such grants. An enclosed leaflet describes procedures for applying for grants. We are currently cooperating with the Orthodox Church in grant projects at Sitka for reconstruction of St. Michael's and at Unalaska for work on the Cathedral there. We have always found the Very Reverend Archpriest Joseph P, Kreta, Chancellor of the Church, to be most cooperative and you may wish to contact him directly about a joint program. His address is Box 55, Kodiak. With reference to an historic district nomination to the National Register, several preliminary actions would have to be taken. First, Alaska Archaeological/Historic Survey Record cards (enclosed) would have to be completed for all the structures within the boundaries of the proposed district. These could then be used as the basis for preparing the nomination for the National Register of Historic Places, We would assist you in completing such an application. The application would then be presented to the State Historic Sites Advisory Committee members for review and if approved by them, it would be forwarded to the National Register. __ ~, at , ?+r'' " ~` j. i#~1,; (' i; ~~:~ James C. Hornaday February ll, 1475 Page 2 If the district were entered in the National Register, then most of the structures therein would be eligible for 50% matching grants for acquisi- tion, stabilization, or restoration under the National Register program. It is also possible they would be eligible for action under complimentary programs such as FHA loans for restoration, etc. { The City of Kenai might. also wish to exercise its authority to zone the area as a historic district with appropriate ordinance. Enclosed is a copy of model historic district zoning ordinance prepared by the Council of State Governments. i If we can provide additional information about any of these topics, please feel free to call or write. Sincerely, WILLIAM A. SACHECK Director . By: S. Hanable, Chief` Statewide Cultural PYograma ~ k ', Enclosures ,, WSH:cb ," ,, .. , ~~ p - , .. x ,. ~ a ~, - i ~ _ .; 3 ~ _ .. ~' 9 .. __ ~ j .. _. `/' • ,.,. .. { i 1'I ... .. ~ ,! ': P. j` pd i ~ . L C~~ I~S.{~~li ~~ ' 1~f1 FISHER 6. HORNADAY ATTORNEYS AT LAW HOMER OFFICE JAMES E. FISHER ~ - KENAI PRO FEBBIONAL BUILDING - P. O. BOX i07., MADLMOIBELLE, INC. BUILDING JAM t9 O. NORNADAY KE NAI, ALASKA 9H611 ' BE LDOVIA OFFICE ' TE LEPM ONE 2B3t 786A ~ JAGIf P. LNOLIBN BUILbINO 7 February.l975 St. Herman's Pastoral School, , .Sister Victoria Box 55 Kodiak, Alaska ' Dear Sister Victoria: Enclosed is a copy of a.letter from the National Trust for Historic Preservation, John L. Frisbee III, Director. I thought I would send this to you as a follow-up to our correspondence in regards ' to the possibility of restoring the Russian buildings in the older. part of Kenai. I believe that the next step might be for the, Orthodox Church to consider whether or not this type of program would be acceptable. Although I am not certain, it appears that most of the land and buildings involved, belong to the Church. If there is interest on the part of the'Church officials, perhaps this could be indicated in a letter to the Mayor's Advisory Committee on History and Tradition, City of Kenai, Mary Willets, Chairman. If there is interest on the part of the .Church, then this would provide our community with information whereby'>~the Committe may proceed to set up a sub-committee to work with the City ,and the Church on the project. As you can see, Mr. Hanable of the Division of Parks has ' also indicated an interest. I believe that I forwarded to you earlier a report by Mr. Frisbee and a copy of a letter from Bi11 Hanable. I am forwarding ,a copy of my Metter and Mr. Frisbee's letter to Mrs. Willets. ~ Hope things are'going.well with ;you.. - Sincerely, JAMES C. HORNADAY ~ ~ . i I .. cc: Mr. John L. Frisbee, III Mr. William Hanable Regional Director' State Division of Parks Department of Field Services National Trust for Historic•Preservation 802.Mont~omexy Street San Francisco, Calif. 94133 ' Mrs. Mary Willets, Chairman Kenai Mayor's Advisory Committee _ on History and Tradition , Box 484, Kenai, Alaska , 'I: 1 1~ ~' ~~~~ ~~ ~: ,. KENAI PLANNING ~ ZONING COMMISSION SPECIAL MEETING, MARCH 18, 1975 7:00 P.M., CITY MANAGER'S. OFFICE RON MALSTON,.CHAIRMAN ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, FEBRUARY 26, 1975 ITEM 3: OLD BUSINESS a. Conservation Zone - Kenai. River Bridge b. c. .ITEM 4: NEW BUSINESS a. Lease Appli_cat-ion - Kenai. Native Association b. State Land Auction c. Public Hearing - Designation of Community Development Act Priority Projects ITEM 5: ADJOURN +- i ,ytJilf~ir~~~ - , ~ t~~' f , ~ ~,,,, ~ 1 c ~~ ,~ `~ ~. ~ ~: ~ ~` i y ~~ f~r ca; ~ ~ ~~ - t~~; ~_`~ ~ j ~' ~ ~ .j~~ ,, '~ >r ` ~b 17_ .' r~' + ~` L:.. i y ''~ ~' ( : ~ ° .. s;; ~ .~,,. >~ . ~~,:.~ ~ ~ ~~ >~ -~ ~ ~~ '~.~._ -<- . °.~ ~. MEMORANDUM T0: PLANNING f ZONING COI~'IMISSION --~~~~ FROM: Roland D. Lynn, City Manager ~"~~ DATE: SUBJECT: March ll, 1975 ESTABLISHi~SENT OF A CONSERVATION ZONE ON THE NORTH SIDE OF THE KENAI RIVER BRIDGE . In September. of 1974, the Planning Commission re- questedthatthe City Administration make a recommen- dation as to-possibility of establishing a Conservation Zone to protect the water fowl nesting area in the vicinity of the Kenai. River Bridge. In accordanc e with this request, the Administration began to clarify.. the ownership of the and in the vicinity of the bridge through title searches, etc. We are now certain that the City of Kenai owns the north one-half of Section l6 and recommend to the Planning Commission that the north. one-half of Section 16 be designated as Conservation Zone. It is further recommended that the Borough Planning .Commission be requested to zone-the south one-half of Section 16 and the S~'V 1/4 of Section 15 as a . Conservation Zone. I believe that this action is necessary because of the clouded title on the owner- ship of the lands south of the Kenai River .Bridge and the fact that half of Birch Island is outside the City limits. To implement the above recommendation, the Planning .Commission should do the following: 1. Recommend to the City Council that the north one- half of Section 16 be designated as Conservation Zone and, 2. Request that the Borough Planning Commission designate the south one-half of Section 16 and- . the 51d 1/4 of Section 15 be designated as a Conservation Zone. RDL:sp; a ~ ,,,.--'-^-,..,,, Lease Application P. O. 60X 58i1 - IS~~1lAl, Qi.~ASi(A - P~fONE 283-7535 Name of Applicant KENAI NATIVES ASSOCIATION, INC: Posh-0ffice Box 1210 - Kenai, Alaska 99611 Address Business NamEy and Address Same as Above Kenai Penin,l:la Borough Sales Tax ~Io. 5L Q2'883 State F~usiness Lirer:se :~o. 33229 ~ I Pnone 2 83 - 48 51 ~i (check one:: ? _ X~Lease~ P~.rt~~~i t Lot Description Block^2, Lot 1,~GenerahAvation~,pron ._.. ------ l1F?c i YF?(~' 1 >~r+~fi i~l of r,,:~a ~~ Or PE ~'i?-i1 t ~~__..5;___~.~_`'~rS - Y aircraft tiedown Property to be Used for ~___,_~ _..___ Description of developments (type, construction, size, etc.) as well as .Existing flight warmup building already on lot,~fuel tanks and pumps also on lot. Attach development plan to scale l inch = 50 feet, showing aI1 i~uild~ ings planned.. N/A Time Schedule Date March 5, 1975 Signed eputy Executive Director Kenai Natives AssociaCi:on, Inc. Lease Application C~T ~ ~~ ~~~~`1 f~ ~ Page 2 °f 2 P. O. 80X SEO - taPaai, At,ASXA - PHONE 283-7535 For your information Annual rental rate or cost .04/sa, ft. - $2,000.00 Annual Rental Zoned for Light Industrial . .Permits required Assessments Insurance re~,uired Construction must be started by Cornpletzen date for major constructio:~s - --~ Routing Flannng Commission Time City CaunciJ. Time • R ecomU-r:~nded by This application cai11 be a part of the lease Approval: Planning Cbraisaion~ by • Qty council - • by Becerpt acknowledged by applicant - MEMORANDUM T0: PLANNING ~ ZONING COMMISSION FROM: Roland D. Lynn, City Manager DATE: March 11, 1975 SUBJECT: ESTABLISHMENT OF A CONSERVATION ZONE ON THE NORTH SIDE OF THE KENAI RIVER BRIDGE In September. of 1974, the Planning Commission re- quested that the City Administration make a recommen- dation as to possibility of establishing a Conservation Zone to protect the water fowl nesting area in the vicinity of the Kenai River Bridge. In accordance with this request, the Administration began to clarify the ownership of the land in the vicinity of the bridge through title searches, etc. We are now certain. that the City of Kenai owns the north one-half of Section 16 and recommend to the Planning Commission that the north one-half of Section 16 be designated as Conservation Zone. It is further recommended that the Borough Planning Commission be requested to zone the south one-half of Section 16 and the SW 1/4 of Section 15 as a Conservation Zone. I believe that this action is necessary because of the clouded title on the owner- ship of the lands south of the Kenai River Bridge and the fact that half of Birch Island is outside the City .limits. To implement the above recommendation, the Planning Commission should do the following: 1. Recommend to the City Council that the north one- half of Section 16 be designated as Conservation Zone and, 2. Request that the Borough Planning Commission designate the south one-half of Section 16 and the SW 1/4 of Section 15 be designated as a Conservation Zone. RDL:sp ~, MBMORA~dDUM TO ; PROM: DATE: SUBJfiCT ~`LANWI~IG ZONING COMMISSION' Roland D. Lynn, City Manager March 12, I975 METING ~ TUESDAY, A4ARCH ].nth There will be Special Meeting of the Planning and Zoning Commissirrn on Tuesday, March I8, 7:Q€? p.m. in my office here at City HaII. A tentative agenda is enclasec~ for your review. Thank you. RIlI.. sp Enclosure ~.- f~ ~i d 0 DEPAli~T1iFNT OF NATUIi.A-L IiESOUItCCS March 26, 1975 DIVISION Of LANDS City of Kenai BOX 580 Kenai, Alaska 99611 r~~ Re: Beaver Creek Alaska Subdivision Attention: Mr. Roland Lynn ~~~°: City Manager W11tlAM A. ELAN, GOVERNOR 323 E. 4TH AVENUE ANCHORAGE 99501 ;iiE~ ~ LNG' Sc~.~ ~ ,~ !!! ,~~ ,:,,~ ~ ~3 Gtr pc ~ L,~~~ -i ~ ~~ Gent I emen : ~> ~~ a ~ / C ~v~st~~ ~ G G ~~ J~-' ~ , (~u~, m .~, ~ ss ~ a ,~~ This is in reply to your fetter of March 21, 1975 regarding various actions taken by the Planning Commission in regards to Seaver Creek Alaska Subdivision. Answers to your five statements are as follows: 1. Statement - The City of Kenai should have been given the land in the first place from the State for city development. Answer - These are school lands set aside for revenue purposes.- The monies accrued from these lands go into the permanent school endowment fund. School lands may not be sold and may only be disposed of with the canci~rrence of the State Board of Education. 2. Statement - The lots are much to large for residential purposes and would result in a very high assessment for water and sewer de- velopment. Answer -These lots were origi-Wally designed and stated for light industrial utilization; however, because the .City of Kenai requested that the lots be zoned and classified residential the classi- fication was changed to comply with the wishes of the City of Kenai. 3. Statement - Easements for water and sewer lines would be difficult to obtain if the present subdivision is utilized. .Answer- The State may, as these are leased lands, remove certain portions of the lease for any required. easements covering such things as sewer and water lines. 4. Statement - Because the lots are teased, they are not compatible with financial loan requirements for building purposes. Answer - Various lessees on school lands throughout the State have been able to secure financing for improvements on their leases. 5. Statement - The proposed city water well located at the intersection of Beaver Loop and Spur Highway and this auction would hamper development of the well. Answer - The well is on the other side of the subdivision and located in a tract that was set aside because of the creek that flows through it. The City of Kenai has not acquired a lease or any right to the area other than to drill an exploratory well. if the City of Kenai is desirous of permanently utilizing said site, they should submit a lease application for their proposed use. The well is isolated by itself and at this time this office has no plans whatsoever tar subdividing the immediate tract in which the well is situated. ,,..,q, ~' ~. City of Kenai Box 580 Kenai, Alaska 99611 March 26, 1975 Page 2 Should you have any questions or comments regarding the answers to your comments in your March 2i, .1975 letter, we would be happy to meet with you and review the subdivision and your comments. Ve r y your j/~;~~...,G... `~ Ed .Barber Acting District Manager KENAI PLANNING ~ ZONING COMMISSION. REGULAR MEETING, MARCH 26, 1975 7:OU P.M., CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, MARCH 18, 1975 ITEM 3: OLD BUSINESS a. Submittal of applications for expansion of gravel pits - Conditional Use Permit b. c. ITEM 4: NEW BUSINESS a. 1~11411C1C1 ROwdellj RGbert HOlt - HO11LC `Jc:,CUj~d't:3Cli1 b. Land nominations - City Owned Lands c. ITEM 5: ADJOURN City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Cherrier & Cherri_er 124 East 3rd Avenue Anchorage, Alaska 99501 Ply: 272-6576 March 24, 1975 Re: Property to be sold Att: Noland D. Lynn City i~~anager. Dear lair, Lynn: =~, a•. .~ . ~ jj Please find enclosed a copy of our. survey perforrled by Stanley S. P1cLane, Registered Land Surveyo*_°, on a portion of .ground that belongs to the City of_ I:ena-i_. (Subject portion outlined in red) . You will recall that ,,,Je Wade a verbal. request of your office to have this portion. of ground put up f'ar sale. 'ir'e hereby r~lu~~,c a formal rLqucst that ti-~e foll_o~~ing described real property be put up for sale: Commencing from tl~e Northernmost corner of Lot 5, Block 14 Tor~nsite of Kenai Survey, this is corner 1 and the true point of beginning, thence S 35°19'i~-56.13 feet. Along the North boundary of Lot 5 to Gorner 2, this corresponds to the Northwesterly corner of Lot 5, thence N 21°12'Y7-110.5 feet to corner 3, thence S 51°42'E-95.31 feet to corner 1. and the true point of beginning, thus embracing 2675 square feet or 0.061 acres more or less. Please advise i_f the above request meets with City approval, and further, what the City requirements will be for bidding on this property. Your earliest reply will be most appreciated. Very truly yours, CIiERP~I ER ;: 7 ~.: /~ ,ayn~~ 4 ~ cIIElzIZZEF~ ~ y, . ~i'° ~\_ ~ _ Clierrier ~'~la.i.i c~j ~' ~, yt ... ~. ~ CITY OF KENAI NAME : ~ '~-~ ~ ADDRESS : _ ~x ~ ~j ~-( L7 ~ C N .~ 1'ELEPI-]ONE : -~~~_~ ~ ~~~____ I WISH TO NOI`TINATE THE FOLLOIUING CITY-OWNED LANDS AVAILAI3LE FOR SELLING/LEASING: CITY PARCEL NUA-1I3ER _ 1 y 'L 1 ~-15 1 __ ~ ~ `~. i~~ Far Office Use Only: (Please check one; LEASE PURCIL~SE ---~` .-- -- - _~~ -- X ~_ ~.~ _ _^~_ ~_ _~- CITY PARCEL N0. BOROUGIi PARCEL N0. DESCRIPTION ~~ a CITY OIi I:ENAI C, NAME : C C~ ~~ /~~ I-= ~ ~ ~: ~ ~ ~S L. / r ~..-- ADDRESS : ~J Cron TELEPHONE : ~~ ~ b _~ ~~~ d I WISH TO NOMINATE THE FOLLOIVING CITY-OI4~NEII LANDS AVAILABLE FOR SELLING/LE.ASING: CITY PAP.CIiL NUi`3BTR ~7 j ~ (/ % ~U (Please check one) LEASE PUP.CIIASE L--~ G/ For Office Use Only: CITY PARCT'L N0. BOROUGH PARCEL N0. DESCRIPTION t CITY OF 1\ENAI NAI`SE 1` ADDRESS : ~- ~~C ~ ~ t~ ~ _ T'ELEPIiONE : ~ ~ ~ ~---~ ~~~ I NISII 'TO NOi`IINATE TIIE FOLLOI~'ING CITY-Ol~'NED LANDS AVAILABLE FOR SELLING/L,L'ASING: (Please check one) CITY Pf1RCEI.: NUP•~I~ER LEASE PURCI-LASE ~~ ~- - ~~ -I---- --- ------ '~- For Office. Use Only: CIT1' PARCEL N0. BOROUGH PARCEL N0. DESCRIPTION a CITY OF KENAI NAME : ,~ I~'v, ~ t ~ ~ ;-1 J~1 ADDRESS : ~e-- ~ GL `~ ~~ TELEPHONE : ~~~ ~ °~ ~'> 1 1 I {t~ISH TO NOi~~IINATE THE FOLLOIt`ING CITY-OIVNED LANDS AVAILf'iBLE FOR SELLING/LEASING: _ r\ CITY PARCEL NUMI3ER~~~' ~ ~(~ =-'" _ _ ~y?f~~,~ ~ ;:,.. ~ ..~.~ -~t t, ~~xt..~ c,~..~--=i `fie ~~~-y;~,~rir ~r~,tr"< l v ,rf ,- / ~~. /~ ~.~-+ •~C` ~~r t ~~_~ ~/L i ~ ,r.:~j ~~bli/~I .~~..f: ~~ 'TCr i f f' ~~!'-1;~ ~ 5 C' t„~ ~ -ice #~tinr l.,~i"~ K ! ~~ ~ % ~"t~yG'~ C~G't=aSS ~ ~1 ~":~n, i S pvr_ j=~'~w- } a-~e~:~ / %j~~~7 J (This form must be returned to City Hall no later than 3/14/75) FOR OFFICE USE ONLY CITY PARCEL N0. BORO PARCEL N0. DESCRIPTION CITY OF KENAI l~ ~~ ~ / 5"~S' d NAM£:: Robert McClain ADDRESS; Box 174, Soldotna, Alaska 99669 TELEPHONE: 262.-4763 I tti'ISH TO NOMINATE T}IE FOLLOGVING CIZ'1'-0}ti'NI~D LANDS AVAILIBLE FOR SELLING-/LEASING: 7 CITY PARCEL NU,~1BE}Z ~~134 ~-~- _ -- ~~2~u'~ z,,~'_~ GGG~ ti=p /~C ~ 135 ~ -, ~~ 13 2 ~ -~~-~,z~ ,_ ~ :~-, ~, ,~ , ~.__ .. ~, ~~ ~~ ~'~ ~~ 13 3 ------ ~~~ lam. , f.~~ ~.~~> > ~:.: ~.:~z.-; 7 ~ ~ \" ~ ~' `~-/ ..~ C .. f~ l_.J ~F' / i~P '2 / :s'-~ (This form must be returned to City Hall no later t}~an 3/I~}/75) ----------------------------------------------------------------------------------- FOR OFFICE USF. ONLY CITY PARCEL N0. BORO PARCEL N0. DESCRIPTION CITY OI~ KENAI NAi`IE : l ~ ~~ ~' ~' ~~, ADDRESS: TELE PI LONE : f~~' ~ ~ ~-~~J.___ I IUISI-I TO NOASIi~A'I'E THE FOLLOIt'ING CITY-01~'NED LANDS AVAILABLE FOR SELLING/LEASING: ~~-~~~ %i2 ~.- CITY PARCEL NtI~1BI:R ~ 1J ZSlA~~IU~~B~, ~ ~~~ l~-, cat-`~.,o. , ~_ ~ T ~~. rn a i ,u~ ,uel ~t2G ~---1 ~ ~ r~. (Please check one) L}:ASE; PURCI_IASE ~~r - ~=-- --- L--- ~_ / - For Office Use Only: CITY PARCIiL N0. BOROUGH PARCEL N0. DESCRIPTION a b CITY OI~ KENAI NAME : ~ ~~ ~/~ ADllRESS : ~~~`~-~--~t ~~%t- TELEPIIONE : ~~ g ~- /-~ %D I IVISII TO NOMINATE TI-IE FOLL019ING CITY-OIVIdED LANDS AVAILABLE FOR SF;LLLNG/LEASING: (Please check one) CITY PARCEL NUMBER LEASE_ PURCI-IASE ___~_~~ C --- ---~~' For Office Use Only: CITY PARCEL N0. BOROUGH PARCEL N0. __ ~ DESCRIPTION T ~ NAT•tE : ~`~ ADDRESS: TIJLEPIIONE: _~~ Syr I I4ISH TO N01`IINATE THE FOLL014'ING CITY-OIti'NED LANDS AVAILABLE.: FOR SELLIIG/LEASING: CI'T'Y PAP.CEI, NU;~BEI: __~1 l _- 1 ~=1 "'~ ~--'~ `=~ (Please check one) LEASE PURCHASE __ ~._- --~-- - For Office Use Only: CITY PARCEL N0. BOROUGI-I PARCEL N0. DESCRIPTION CITY OF I:ENAI C, r~~ t . - ~ ~~ --~~ 1ltG•, ~ _ , d- ~; ~~~ /' / - "~c t- ~ a~ ~ \. R~ Sys _~ \ `~..• i•~~ \~ K - iN ~ ~N ~. ~ J N 1` NJ ~ •\ \\ ,lV . ~ ' \ /~ /y/ \`\~ ,t i ci \ ~ \c~ ~ ~. - `~U-- ~~ --;' . ~ ~J `~•• ~,: S \ iii ,~,. 1h ' \~ _~. ~~ /~ ~ ~~ `~~ , ; . ~~ `~ ~_ 1 r. ~~ ,~ ~~~ ~ f; `~ ~ ~: ~ ~ ~ ;~ •,~ `, •,''~. L 1 ~`~ 1:) ~~ 11966 t+~iSYIV 'IVN3~t aaflvravW c.ezt xop •o•d N~aMO~! •H "1~dH~iW JI LiOM'I'71W `iV?33N3°J ~ S13N19V0 WO1S(1~ sionao~d aoonn ~~n~~a ,,~ r av9~-aa~ ina LL,=r ~ t ~ 8~~ \~ `~ . ~- , 1': ~t.,._ ~. i i ~, ~ ~ ~\ .='' ~ ~ ~~ >>'+ 9 .-- ,~ ~ y - - ~~ ~ _ -~ Introduced By: Dimmick ~ ~ Date: April 7, 1975 KENAI PENINSULA BOROUGH PLANNING COMMISSION Resolution No. 75-2 A RESOLUTION DELEGATING CERTAIN FUNCTIONS OF THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AS PROVIDED IN AS 29.33.245 WHEREAS, the Kenai Peninsula Borough Assembly did, on January 7, 1975, adopt Ordinance No. 74-70; and PTHEREAS, Section 20.30.210 of Ordinance No. 74-70 authorizes for the delegation of certain powers by the Kenai Peninsula Borough Planning Commission to the City of Kenai Advisory Planning and Zoning Commission; and WHEREAS, the Kenai Peninsula Borough Planning Commission wishes. to delegate those functions as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED. by the Planning Commission of the Kenai Peninsula Borough: 1. That the Planning Commission. and Adminis- trative Official functions provided for within Ordinance No. 74-70 under Section 20.30.050, .1.40 ,.150, .160,..170, .180, .190, .220, .230(1) are hereby delegated to the Kenai Advisory Planning Commission, as the Planning Commission,. and the City Manager of the City of Kenai, as the Administrative Official, within the limi- tations set forth in Sections 20.30.200, 20.30.210 ~ 20.30.230 of Ordinance No. 74-70, so long as the procedures outlined in the document entitled "Kenai Peninsula Borough Planning Commission Policy Statement Zoning Ordinance Procedures" attached hereto as Appendix A and hereby made a part of this resolution are adhered to. ADOPTED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON THIS DAY OF 1975. Marilyn Dimmick, Chairman ATTEST: Wendy Kitchens, Secretary i. ~ ~ KENAI PENINSULA BOROUGIi PLANNING COMMISSION RESOLUTION NO. 75-2 SKEET 1 OF 3 KENAI PENINSULA BOROUGH PLANNING COMMISSION POLICY STATEr~4ENT ZONING ORDINANCE PROCEDURES I. VIOLATIONS (Authority KPC 20.30.?00) 1. Written complaint received or violation observed by Administrative Official. 2. Administrative Official investigates and determines violation exists and takes action as provided by ordinance. 3. Administrative Official reports actions to Advisory Planning Commission. 4. Administrative Official reports actions to Kenai Peninsula Borough Planning Commission. II. DETERPdINATION OF NON-CONFOR".ZING USE (Authority KPC 20.30.050.(3) (5}) 1. Written application for determination received by Administrative Official. 2. Administrative Official schedules on agenda for. Advisory Planning Commission meeting. 3. Advisory Planning Commission renders decision. 4. Administrative Official sends copies of Advisory Planning Commission minutes to applicant and Kenai Peninsula Borough Planning Commission. III. CONDITIONAL USE AND VARIANCE PERn:4ITS (Authority KPC 20.30.320 ~ 20.30.220) 1. Written application made to Administrative Official along with fees and data required. 2. Administrative Official schedules, advertises and sends notices of public hearing by Advisory Planning Commission. 3. Advisory Planning Commission holds public hearing and determines whether to allow or disallow. KENAI PENINSULA BOROUGIi .,;~~ ~_, PLANNING COMMISSION RESOLUTION NO. 75-2 SHEET 2 OF 3 4. Administrative Official sends copies of Advisory Planning Commission minutes to applicant and Kenai Peninsula Borough Planning Commission. IV. APPEALS (Authority KPC 20.30.230 & AS 29.33.110 & .120) 1. Written appeals from decisions of Administrative Official and Advisory Planning Commission filed with Administrative Official and Borough Clerk within 10 days after adverse decision .rendered.. 2. Administrative Official and Advisory Planning Commission review previous action, send all data, minutes, etc., and make recommendations. to Kenai Peninsula Borough Planning Commission. 3. Kenai Peninsula Borough Planning Director schedules, advertises and sends notices. of Kenai Peninsula. Borough Planning Commission public hearing. 4. Kenai Peninsula Borough Planning Commission holds public hearing and renders recommendations to Board of Adjustment within 10 days after the hearing. 5. City Mayor schedules, advertises and sends notices of hearing by the Board of Adjustment (City Council). 6. Hearing held and Board of Adjustment renders decision within. 30 days. ?. Administrative Official sends notification of action and minutes of Board of Adjustment to appellant and Kenai Peninsula Borough Planning Commission. .NOTE: Further appeal may be made to the Superior Court as provided in AS 29.33.130 & KPC 20.30.240. V. REZONINGS (Authority KPC 20._ ) 1. Petition along with map, fees, etc., filed with Kenai Peninsula Borough Planning. Director. 2. Planning Director contacts Administrative Official and Borough Clerk and schedules, advertises and sends notices of Advisory Planning Commission, Kenai Peninsula .Borough Planning Commission and Kenai Peninsula Borough. Assembly public hearings. n.r.~-t~lra.iin n KENAI PENINSULA BOROUGH PLANPd I NG COn,ZA4I S S I ON RESOLUTION NO. 75-2 SHEET 3 OF 3 3. Planning Director prepares ordinance and requests on behalf of Kenai Peninsula Borough Planning Commission that Kenai Peninsula Borough n4ayor or city representative on Assembly introduce. ordinance to Assembly concerning rezoning. 4. Advisory Planning Commission holds public hearing and makes recommendations and forwards to Kenai Peninsula Borough. 5. Kenai. Peninsula Borough Planning Commission holds public hearing, reviews information, previous recommendations and recommends action to Kenai Peninsula Borough Assembly on ordinance. 6. Assembly holds public hearing on ordinance and . either approves or rejects. 7. Planning Director/Borough Clerk sends copies of ordinance and Kenai Peninsula Borough Planning. Commission and Assembly minutes to: A. Applicant/Petitioner B. City 8. Planning Director notes and changes official zoning map, if appropriate... ~... ~,. "' ~ ~. KENAI UTILITY SERVICE CORPORATION A BLUE FLAME COMPANY BENCO BUILDING P.O. BOX 814 KENAI, ALASKA 99811 (907) 283.7932 April $, 1975 1~ ~~ . City of Kenai Planning & Zoning Commission P. O. Box 580 Kenai, Alaska 99611 Gentlemen: It has come to our attention that you may be asked to consider the approval of a building site on the city-owned porperty located at the southwest corner of Kenai Spur Highway and Main Street. This is property formerly a part of the state highway right-of-way which we believe came to the city in an exchange to provide accommodation f_or the Urban Project. We would like to remind you of the existence of a 6" gas main bisecting the property, along with other utility plant including that owned by Glacier State Telephone Company. We would hope that any development plans for this property would recognize the require- ment to avoid conflict with these utilities. Very truly yours, KENAI UTILITY SERVICE CORPORATION ,- ~ r'" ;/. ,, Os~ r L. Thomas, Vice-President OLT : i lw cc: Les Taylor Glacier State Telephone Company wj ~ t il.~ ~, ' J , ` J 1, ~,., i rZ t' J~ ~ h1 ~ • 11 / . ~ ~'_ 1 ~ ~t ; , 1. . '. l c ~r~\ O~iG ~ ~'.1 ~ ,1., if /~~~ ./ ( 1 <~ ~R., 1 . \ ! 1 i i ~' % . tai'/~~~~ rq .,o / a.. h / I .' ~. ~ ~1 r 1 ~' ~ 0 0 ;d . ~ ~ / ~ .._, ff c \ A .~ ~ \ \ o // ~ - .. ~ - ` . - ~,. ~, k G . ,~~ \\ ~ / t 111 1 ? ,,~ ~ _ .. '-'~ v J \ ~l 111 :, ~ ~ \ w r '~, ~ 11r~ `= "; ~O \11.1:, ,11 ~, i ° ~..,, ~- ~ c, p.J J . . Z ~ ` \'. l ° M~ - 1 t if V ~ ~ ~~ ~ /. 1 } ~. -J'V Li \ ~ :. ~ "~ ~ = it 7 1 ~`- i n C G p !- "1 `+"p ` ~ '.'~ \ -~.. ~ /- \ 1 A 4. \v ~ V Cj ter. ~ ~ t 2E. _ ~~,i~ :` =`~ 4\ •;~ ,r =,, , \'.. '•1 . ~ 7 s fl ~ ..1r-"fir \ e ;a•. t' ~ yap ~~~ ~, 1 `I\11,1,\1i1 11 \ },c:W ~~\ ~ (j~ c~ ~ ~,~ 7 r~~, 1A~~,11i1 ~~,A 1~ ~ ~ ~ \ ~ .fie- ~ \ y ~~J' ~ p /,t /'r.i\ 1\}I v' 1 X111,111 1\ 1 .. t --t~i e1 ~ /~t\ \~'.`1^\ 1\\ll 111" 1_ fi \ ,c\~ u • yy' ,, e 5t1~1111\ ,~n 1 ~: , w ++ l,5 . ~ \ • i tt, mac, ~'ti 1 .+ \ \ 1 1~ \, 1 1 ` ~\ c. \'` ~ '~ .~ ~ V 1 r.'.~ ~ Vi'i' \\ t ~\ 4j ~y~~, " ~ ' `~ \ ' ~ 1 I1 t ., i `. ~~ \,~ \ rJJ i /s ~I 1 '„ 111\ a ~^. ~ ° ~.~. igland .. ,, ;\` `\ boo ~.~, , `,~ ,\t• ,~1 \~'.1~ <~/+~_-~ ~~ ~A \ , ~ ` ~ i \Y ~~ ~ F \\ ~~ \ s'r ~ . i ~ \ ~ 11~'.`~1''ra e ~i J KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING, APRIL 9, 1975 7:00 P.M., CITY MANAGER'S OFFICE JON NELSON, VICE-CHAIRMAN PRESIDING ITEM 1: ROLL CALL Present: Jon Nelson, Harry Gaines, Clifford Heus, Nels Kjelstad, Beverly Fillio Ex-Officio member present: Councilman Edward Ambarian Also Present: Peggy Arness, George Day, Jim Payne, and Phil Aber Absent: Ron Malston and Betty Glick ITEM 2: APPROVAL OF MINUTES, MARCH 26, 1975 The minutes of the regular meeting of March 26, 1975, were approved unanimously. ITEM 3: OLD BUSINESS There was no Old Business discussed at this point in the meeting. ITEM 4: NEW BUSINESS a. Jim Payne's Proposed Ocean View Subdivision Mr. Payne presented information on his proposed Ocean View Subdivision for Commission review. This proposal had already gone through the Borough Planning Commission. Jon Nelson advised that this had happened in the past that something had gone to the Borough prior to coming before the Kenai Planning Commission and that we must get better communication with the Borough on these matters. However, at its meeting, the Borough felt the proposed access road as presented by Mr. Payne was in the Borough's best interest on its property and the Borough is willing to give an easement. The Kenai Planning Commission was concerned with the care and maintenance of the proposed street and whether or not it would be brought up to City standards. MOTION Nels Kjelstad moved the Commission recommend approval of the preliminary proposal of Jim Payne's Ocean View S/D with the following stipulations: 1. That it should be determined if the extension of Wildwood Station Road from the Spur Highway to the Bluff is a City-owned street. ~ ~ KENAI PLANNING ~ ZONING COMMISSION APRIL 9, 1975 PAGE 2 2." That also the Commission recommends that the access road from the extension of Wildwood Station Road to the NE corner of proposed Lot 2 be built to City standards. 3. That the remainder of the access to the proposed Lot 1 be designated as a private driveway on the plat until such time as it is brought up to City standards. Beverly Fillio seconded the motion. The Commission passed the motion unanimously. b. Proposed site for .Chamber of Commerce Information Center. The Chamber of Commerce has been given the original homestead cabin of John Headburg (MooseMeat John) to be utilized as an information center for the City of Kenai. The Board of Directors of the Chamber of Commerce requested input from the City as to location of this information center. Several locations were presented as a possible site with the area between Caviar Street, the Spur Highway and the Beaver Pond as conducive to a proper setting for the cabin, easy access from the Highway for tourist pull-off as well as being one of the first landmarks tourists would see upon entering Kenai. MOTION Clifford Heus moved the Commission recommend that the area between Caviar Street, the Spur Highway and the Beaver Pond be considered as the site of the Chamber of Commerce Information Center with the following items to be determined by the City administration: 1. If the proposed site would be leasable for less than Fair Market Value. 2. If proposed site contains suitable parking area. 3. If there would be access to Caviar Street. 4. If water and sewer is available at proposed site. Beverly Fillio seconded the motion. The motion was passed unanimously by the Commission. c. Reconsideration of Item 3-A of the minutes of the Special Meeting of the Planning ~ Zoning Commission of March 18, 1975. Y KENAI PLANNING ~ ZONING COMMLSSION APRIL 9, 1975 PAGE 3 MOTION Nels Kjelstad moved for the reconsideration of Item 3-A in the minutes of the Special Meeting of the Kenai Planning ~ Zoning Commission on March 18, 1975. The motion was seconded by Harry Gaines. Motion passed unanimously. Item 3-A in the minutes of the meeting of March 18, refers to the establishing of a Conservation Zone for the protection of historical .barabaras and wildlife sanctuary of a particular area in the vicinity of the new Kenai .River Bridge. Jon Nelson advised the Commission that it was. his intent to stress in his motion ..the impor- tance and value of that particular area, as described in his motion, as a protective. area for historical barabaras and a sanctuary for wildlife, however, it was not within the boundaries of the Commission to recommend the area as such. MOTION Nels Kjelstad moved that Jon Nelson's motion in Item 3-A, Page 1, minutes of March 18, 1975, be amended by deleting the following words in the fifth line from the top: "...to be established as a wildlife sanctuary and pro- tective area for barabaras..." Clifford Heus seconded the motion. The motion was passed unanimously by the Commission. d. Status of Forest Drive and Beaver Loop Drive Beverly Fillio advised the Commission that she had contacted Representative Hugh Malone requesting his assistance in urging the State Highway Department to pave Forest Drive and Beaver Loop Road as soon as construction season begins. Representative Malone was to meet with State Highway Depart- ment officials the following day and would advise City Manager of the outcome of his meeting. Councilman Ambarian stated that City Manager Lynn had advised the Council at their last meeting that he had talked with the new Commissioner of Highways and was told that the Highway Department did not intend to pave either Forest Drive or Beaver Loop Road this year as there were no funds available in the budget. MOTION Beverly Fillio moved that City Administration advise status of the paving of Forest Drive and Beaver Loop Road at the next meeting of the Kenai Planning ~ Zoning Commission. KENAI PLANNING ~ ZONING COMMISSION APRIL 9, 1975 PAGE 4 Harry Gaines seconded the motion. The motion passed unanimously by the Commission. e. Commission request of on-going items to be included in agenda. The Commission requested that Administration include all on-going items that have not had final action by the Commission on each agenda. These items will be included under "Old Business". This will aid the Commission in the outcome and status of all information requested by them, in-depth studies, etc. Some of the items the Commission would like included in the agenda of April 23rd are: 1. Discussion of the March 26th letter from the Division of Lands regarding State-owned lands and action being taken by City Administration on this letter. 2. Recommendation and findings of Administration regarding the Chamber of Commerce Information Center. 3. Trailer homes being parked in Kaknu Korners and status of same -- report from Howard Hackney, Building Inspector. f. Resignation of Jon Nelson Jon Nelson advised. the Commission that it would be necessary for a replacement to be selected to take his position on the Commission. Also, the Mayor should select a member from the Planning Commis-ion to serve as representative .from Kenai to the Peninsula Borough Planning Commission. Mr. Nelson's resignation will be effective in May, 1975. ITEM 5: ADJOURN There being no further business of the Kenai Planning ~ Zoning Commission, the meeting adjourned at 9:30 p.m. Sue C. eter, Secretary KENAI PLANNING $ ZONING COMMISSION REGULAR MEETING, APRIL 9, 1975 7:00 P.M., GLTY MANAGER'S OFFICE RON MALSTON, CHASRMAN _ ITEM 1: ROLL CALL ITEM 2: APPROVAL OF MINUTES, MARCH 26, 1975 ITEM 3: OLD BUSINESS a. b. c. ITEM 4: NEW. BUSINESS a. Proposed Ocean View~Subdivson b. .Proposed Site for Chamber of Commerce Information Center c. d. e. ITEM 5: ADJOURN ..,+i F s "~ KENAf PENINSULA BOROUGH I3ox 850 P~~one 262-4141 SULDO'I"NA, ALASKA 99669 STAN TFIOMPSON MAYOR PLAT STATUS: / % PRELIMINARY /~ PRELIMINARY/FINAL CITY PLANNING COMMISSION: OTHER REVIES~lING AGENCIES / % Homer / % Alaska Department of Highways Kenai ~ Anchorage Natural Gas Seldovia ~ Homer Electric Association / / Seward / / Chugach Electric Association / / Soldotna / / Telephone Company RE: Vacation & Replat / / Resub di Deed of .Record / j vision / ` Subdivision / / Special Consi ~ deration ~C Gent lemen: Petition. has been received by the Kenai eninsula Borough Pjanninq and Zoning Commission for approval of ~c a.~~P.l',r~ ~,~-/tea ~i~2,, , plat . Enclosed is a copy of the proposed plat. t°]ill you please subrlit your comments in writing, specifying any easements or other re- quirements your department or agency may need? If we do not hear from you by Q~j//~~i ~ ~ / ~}~~ we will assume you do not wish to submit ashy If you have no further use for the enclosed print(s) , please re- turn it (them) with your comments. Best regards , ~'~ G. S . Best Planning Director GSB:C1t Enclosure (s ) NOTE: Mr. Jim Payne will be bringing in copies of the proposed subdivision for your review. March 24, 1975 Kenai Peninsula Borough Planning Commission AND City of Kenai Planning Commission Subject: 1. Subdividing 1 lot into 2. and lot 41 change; 2. Construct drive way on Borough land; 3. Use section line/20' public alley way as roadway to 2 lots. GENTLEMEN: FOR APRIL 7, 1975 MEETING: Enclosed is my application regarding the above requests with the necessary information required by the Borough Commission. On 3/10/75 I met with Sam Best, Borough Planning Commission,Director, to discuss the above which has resulted in this application. 411 Plans are to subdivide US Gov't. lot 20 and the SE1/4,SE 1/4, SE 1/4 SE 1/4 ( 2.5 acres plus) into two lots. One lot is already sold and buyer plans to Have new home built this year. Proposed subdivision name: Ocean view.• Buyer would hook up to City water system. Install private sewage system as public system is located approx. 300' away and would also have to cross other peoples land. Lot 412 of the proposed subdivision is sold and lot 413 would probably not be sold at this time. Present US Gov't: lot 41 19 of Sec. 26 T6n, R12W S.M would be changed to lot 411 of this subdivision. I plan to start construction on my personal home on lot 1 the 1st of May. Would like zoning on all lots to be for 1 - 4 family units only. There are no flood control problems with this land and the drainage is very .good. .Land is very wooded. 412 Request permission from the Borough to cross (construct) driveway 330' from the present 20' public alleyway and section line. Legal description is NE 1/4 SE 1/4, SE 1/4, SE 1/4 of Sec. 26, T6N, R12W. This driveway or cleared section would also be used to run City water line (10' deep) and for HEA to run power line. Plan to keep roadway cleared myself in winter. Build at my expense. This driveway could at a later date be made wider and public by the $orough/ City in order to develop the recently acquired Borough land. Another reason for this request is that my present lot 20 is too small to build a road to reach the present lot 19. Thus this is the best way for me to reach my land and at the same time help to open up other lands. My .home will probably be valued in the $60,000 up range. This amount of improvements will generate additional revenue for the Borough and City along with the above mentioned new home in 411. An application for HEA power hookup has been filed with an approx.~installation time of the last of April. A delay in my approval could put me off for maybe another six weeks, especially in view of the very heavy demand they expect. ll3 Request permission to use the present 20' public alleyway and section line as a road way. There is also a 501 State highway easement which includes the alleyway. Use of this would be needed in order to reach proposed lot 2. At my expense I would plan to install a culvert at the south end of the alleyway where. it meets Wildwood Station Road. Construction would meet required City/ Borough requirements. Also request City to maintain Wildwood Station road from Lilac St. down to the bluff. I understand a 6-8 plex will be built in this year in the area across from where I plan to install culvert. At the present time this alley/section line has the City water line running under it .and the HEA power line .along side. This roadway is needed to reach my home which will be on proposed lot 1. Length of roadway needed will be approx.6601. Present legal description of all land is: US Gov't lots 19 & 20 AND the SE 1/4, SE 1/4, SE 1/4, SE 1/4, of Section 26, T6N, R12W, S.M. Kenai, Alaska. Where the plats are concerned this application is very informal. However, I would request an approval on the above pending completion of anew survey which is being prepared at this time by Stan McLane. It will not be completed until after the April 7th Commission meeting, and probably not in time to be submitted (as required) for the April 21st meeting either. It will contain the same information I`ve enclosed, only much more accurate. Tentative approval pending completion and acceptance by the Borough/City would be greatly appreciated. Some of the reasons for my rush are: I have a contractor with heavy equipment lined up to clear the land, dig foundation, septic tank hole, put in driveway and in short do all the work I outlined above including putting in ditch for water line, however, his equipment will be out of the area the 1st of May; with the amount of work I need done, and the very large amount of industrial construction due to start, it will be almost impossible to get equipment for this small a job and much more costly to me; I have also made application to HEA for power hook up with an approx. date of the last of April and since they require 10' cleared this could work out great in getting my drive- way, waterline ditch and other work done at the same time; also on the lst of May I MUST start taking my 30 days vacation which I planned to devote working with my home builder. As you can see my reasons in wanting to rush are at least important to me. There is also the possibilty I'll have to move out of my apartment by mid summer in order to make room for a large. contractor and his employees who have recently moved into the Kenai area. Again, I would appreciate your approval at the April 7th meeting at which I plan to attend. Enclosed are your filing fees for 3 lots. Jim Payn Drawer H Kenai 283-7581 or 283-7659 ;_ _.___ ~~.~ r "y 's'1~.17~ ^".r~ ., .r., corker-a,n•:iJ"'' rA1~"~P: ! "~' ~^c~~.FT' "'?~?tYav w^+ e t ~ ~,.r Y 1w , r Y `,* y , l`R' \~ ,.~ .. ~~. k a. ~~ i. ~ ~ . ~ ~ ray,, 1^A~ ~. ~ .: ~ ~~. ~ -~. ~ t ,5 r,~ ,,~ •.a ~ ? ~- v,-1 , . +~ •~. t'. 1C '~@ ~1 ~ it ~ . ~ 1 ~ y ~ ., ~• c~. h ''y ~• ~ ~,,,, , t e ~-.Q mss: - e ~ ? ~W ~ ~~ -1~['e~ ,6.7 ~ ,{ {, ~ t ~; ~ ~ ~` ~~ ~~P ~ r~r ~ ~ lW ~ ~ '~,1 ~ ~ ~' ~ V ~ , ~'. ~ .c...r y 'a Z ~ W ; '~ti.v' r f r ~~y ~ Qj~ ~.~ i. 1..• jj( ~~/-wY Jr A it AFT}} J jL 7,+. s i ~ o ~ {+Cr~ r nf/~.,N p... A ; ~'V s@ri'} +t O-\ y - Ir r> ~ v + ~~r • t ` .5' ~~J 'din ~~ W Ot ^..~ e F~~ t `!.. ~ ~~y ~ Qi},~~ -. ~ y o~ R 3 ~~ w e~ C'Sy ~ per ~e , i ~,y'k~ F ~~r„Mr'y• 1 e J j ~~r~ ~', r. ` ~y7 ..ik. ~ 1 c J `L ` ]k s p'~ ~~i~ ~ \ + '`//"f R ~l'~o nr !9j'rr,~ i ~ ~``1 y ~ 1 T ~ fr , a '~ ~ i ~'~ ..~~~'G 3~~ f /. ~~ ~ ;~ "Y 'fits { ~ ~ ' C tX `' ` 4 " ~ ~.••R „w. 7,t .j~x•a,r"'4:~ ~~; ~A.,c., ~<''* '1`'~ ~~;n,`V'. . t i' .fn ~,i s , ~'Y"f~r Q.C.*-x~~~.,sy.~ +"" .r~,+"::a,+;yyr, , ~~ ~' ~ .~--. r ;z F' ` ~ ' x ~2ak~ ~ _ r 7 <. - /,rJi-~dWUJd S//hTSdN ~r ~ . a +4 f s ~~ ~~K ,R,R+twS ~. .~~ Yr ~~~, ~'~.. v^ ~'Ci/1~tf!r!~'y~}p1A~i~1ry~~.7lnlys7'~~ A*1 y'`r N~~".,.~, ,~.'~~'. ~~ , 3~*°'&+'' c.~ :a:i!'~`~ r} ,'*,;1~;i,~.~.c.i,F.:A' 12:.} ~a"~~~o~1 ~f`++~fii+.~ P ;./ . s _ LOt IJ ~o'i vNEaS/;i4NEiaSE%,'m ~'~ 2.110 Ac ° 0 2.502 Ac o ~\ ~ rn 0 ~ ' ' i 66000 t' o 33n 2x1458 .~j~ --~ ES 5 WEST --- ---------------r- WEST ~ > .~ v N j \G `l J t CJJ , .. M 3~a \\ lT ~. ~ 330.00 /" ~ WEST I ~ a~ `' ~~. I I , Lot 17 °' ~'/.r 2.336 Ac ~ 3 ~~~~~~~ m .. Zy 36A 6, E 2 30.15' 0 ~SO P 6!, INS \ WEST ~ , ~ ~ /~CLE wAy i~!! /'G tuE2 ~ _ \ Z \\$ ~ ~ !~STy wAr~,c~N ~ S0. STAfE //WS7y ~ /~~ ~ ~p~. P~ ~EASC ME.~f ~ Z~0 ~6 ,fi d 25~ CABIN ~ M , ~ ~, ~a~` / \' ~ ~ \ -COU/.d 6E USEO sw ': ~r~ r~ irEiuOa~aasN c~ uc afos C ~ 05 \~ ;5" \ \ ,~,y,~r,s 1 0.00_ i _ _33 330.00' ~,~_V a v, s „rr d~azuL w~.y ~ per RuAi ciryy walER~ _.. \y880 J WEST. _ _ ~_ -WEST ~~~ ~ ~ /sw< _. F, •2~ Ze° ~$ ----- Lot i9 4E N _ . .... r ~ `~. ~ I Gf/ I _ __. - I I `' ' ° ~ I ,f~o,EOU 7.377 Ac c~ANd~ Ta "~ ~~/~ ~cT/ ~~~~p j 1 q" I I ~ v `r ' ' I sic\5 218 03 , rn ~_ -~. _ ...., . ~' I ~ ~ 21 / ~ WEST j CflkAN6~ Ta I ~ ~ ~nT ~ ifi; I i I a 6EUJFu f* ~ ~ /. S / ~ ;~ i p Ot ~ 1 } AiSo .~, /~ ~ ' '~ 14 [ 2l' cAd~N 1V ~ ~G ~ I 68Q _ X75 1 r , 2 ~ 280 ~8 ,/~ .1 3~0.00~ S ZA~96 ._ -. WEST 'Y ~ ~w C'A ~^ ~ ~4j :,fi V _ ~j S V T-'0~® V _ ~1 ~7~ ~ ~~~~~~~ ~V ' 6 V ~J 1 ~a~.. ~J ~ 1~4 ~ 1~4 ~~ ~~ 1~4 i E LAND UJITI-iiN Sec. 26, T 6 N, R 12 W, SEI~VARD MERIC .... ...,. auu na.Vrupy,9 ~.eiC KGI.VVCt(CU . ~ ~" HEAVY LINE DP.NOTES BOUNDARY OF STATE LAND HEREON DESCRIBED . ~ NOTES 1) ALL DIASiIJSIONS SIIOWN HEREON WHICH ARE NOT A BOUNDARY OP STATE LAND A:ti: FOR COtit'ROL AND COMPUTATION PURPOSES ONLY. 2) THE BASIS OF BEARING FOR THIS SURVEY 47HZCH INCLUDES ALL OF SECTION 2u, T6:~1, R12Zd, S~W.iIiD K~RIDIAIr ZS G.L.O. RECORD BEARING _ WuST BETWEEN T'tiE C02u.ON CORNER OF SECTIONS 23, 24, 25 & 26 AND THE WCMC COI~:ON TO SECTIONS 23 & 26. 3) THc NATURAL MEANDERS OF THE LINE OF MEAN HIGH WATER OF COOK INLET FORM THE S%AWARD BOUNDS OF TXE LOTS ADJOINING • ° INLET, THE APPROXIMATc LINE OF MEAN HIGH WATER AS SHO:dN ZS FOR SURVEY COMPU• TATIONS AND DATA ONLY WITH THE TRUE LOT CORNERS BETA'.". ON THE i EXTENTION OF THE LOT SIDE LINES AND THEIR INTERSECTION WITH THE NATURAL MEANDERS. +I 4) TH% STATE LAND HEREON DELINEATED WITH A HEAVY BGJNDARY LINE IS SECTiuN LOTS 5 6 8 i iiZO i L c i vH 20 INCLUSIVE, AND TFL? .SE?{ NE?; SW's NE'T , AND THE NE's SW~ NE'y SE's IACATED WITHIN SECTION 26, T6N, R12W, ~ SEWARD MERIDIAN, ALASXA, m ~ 5), ALL SECTION LINES BOUNDED BY STATE LAND ARE SUBJECT TO A 50 FOOT ~ ~ EASE~T EACH SIDE FOR:T'"JBLIC HIGHWAYS RESERVED TO THE STATE OF ALASKA UNDER ALASKA STAIVTE 19.10.010. 6) . ALL INTERIOR LOTTII~ IS A,D,L. PROTRACTED BASED ON THE BEARING AN DISTANCE OF THE EAST BOUNDARY. ' 7) WHILE THE BEARINGS SHOWN HEREON ARE TO THE NEAREST SECOND FOR COM PUTATION PURPOSES, THEY SHOULD BE CONSIDERED TO REPRESENT AN ACCURACY OF PLUS OR MINUS 15 SECONDS. I I .. . ,. J - . -- • 1 ._ ~ i _ . i. :: • ' , >~ ~ REARING T kEiS • T6N __ ' 1 ~ \ ~ 20 I'~ ~ 12~~ SPRUCE 68 03 DIST ~ ~, ;~ _ 36 T i li ~° 35 SCRIBED TREE RECOVERED N Eosterly Ouad. ~ • !~ . R 2 W 12° BIRCH 84 25• DIST. ' SCRIBED rREE RECOVERED. S Easterly puod 12" SPRUCE 100.61 DIST. _ • SCRIBED TREE RECOVERED ~ S Westerly puod _ 21/2 SEWER MANHOLE 113.82' DIST W S Westerly Ouad. ~ ~ ,/~ ` Q~, ~ , ~ ~ d ~,.J, , ~ I! ~ Y ~ ~~ ~. ~ E ~ 4 y ~ ~' Ise V :~D Mi~ftlDlA1 ALASKA , ~`~ Date: i''i - r i ~ ~~ ~. .. -~ _..i: _.~y.~. r ~\ _ . Director, Alaska Division of Lands • NOTARY'S ACKNOWLEDGEMENT Subscribed and sworn. to before me this ' --day of ij~. ~,~.,~!~, 19 ~! w. ~~ r ` ~ ~ ~ ' ~ ~ ~~ ~ My Commission Expires: ~ i '^ ~ _ " Notary for Alaska . ~' - ---~.~' SURVEYOR'S CERTIFICATE T hereby certify that I am properly registered and licensed to practice land surveying in the State of.Alaska and that this plat represents a survey made by me or under my direct supervision, and the monuments shown hereon actually exist as described and that all dimensions and other details are correct. Date:__~~G G9 Registration No. ~~~~-~ S t~ ~ ~ ~~ ~~-~ ~~ hr~ '~ Registered Lan~4eyor~~ PLAT APPROVAL Plat approved by the Borough Planning Commission this 't .' 'day of , ~`' ~ 19 ~o ~, .~'" Authorized Official .F. - - -- __ --~-• _. I~~ DATE OF SURVEY - NAME OF SURVEYOR FIELD BOOK N0. 8eginninq 7- 24- 67 =ntinq 9-2~- 67 W. J. Robb c. 104 A, B, STATE OF ALASKA' DEPARTMENT OF NATURAL RESOURCES ' ~ DIVISION OF LANDS ANCHORAGE, P.LASKA N I SURVEY = 0E STATE L AND ~ ; within Sec. 26, T S N, R 12 W, S.M,AIas!<a DRAWN BY~ APPROVAL RECOMMENDrO~ I J. V. E- 6- 6 8 ~ -~ ~i~~'r f; `~ ~ --~-. /,-~c , a _ ~ _ ~ ` _ Chief CaCastral Engineer uHrc l;NF'KUVtU~ APPROVcD~ -l r _ ~ • Director of. Lends =. ^r~., c~ ,~~ ~ CNFGICFf~`. a.i:, ~i~ ~ N0: f-,•, . r ~11 't i '~ ~, ~~ 23 24 , , I ~ • `` _.-i e .~ o~ i Wildwood Station I ~ II '~ Ra terra Boundary SCALE I"alMi ~ 2E 25KENAi CITY 3p BOUNDAR~29 ' S. f. PLAT No_TI ~ T~ ~s y N 35 .c.". 36 ~ ~ ~ 3 I 32 ' e, ~ ` ~~ o O ~:, ° T6N .' f V~;:. : T5ty O `'`. o . ~ ~~;; KENAI '/,_ ~~: _~ ~-~'. ~: ~~ r:i r 1 VICINITY MAP _~ •j ~ ~I ~ '~ W i o Q ~ ~ v u , N I ~ V Z ~ I o ~ o = ~ Y vi a~ O ~ I to r. ,n r c N w ~ Q~ '' O LL (}J F' ~ -~ o Q ~ Y J Z sac --~ (n ~ '.'a° "'QQa ~ I I LL - - Q H N Z Q~ LL a ` ~ w - O ~ /- - LL Q w Q i ~. J O Z Z o ~ N ~g ~ o ~.,, O O H ~ ~ ° o w • ~, . ~ H to < ~ - a w d = t!J Z > ~ Q o! Q U ' w ~ ~ ~ ~~ Z Q ~ ~ ,N O ' > u o ~ c ~ ~ ~ U1 > ~ u N' y ~ Y N ~ LL O ~' = m a Q (/'~ Z ~„ V~ W J w ~, ; 3 ~ a ~ Q ~ ~ O Q N Q M W ~- ' •~• ' l~ ~ of ~'~ ~~ \ ~ ~~ ~ ~ ~ 3s~ J~' • r P ~ ~ ' J•U -0 ON. . S'Dl9 r ~n ~~lf~/~~1 *~~~ . ...• .. 1~ •rF~• C t.rrv y', ~ l~ i~ •s • ~~7 r yA ~, tea ~` '~L : Cij t~ ~ ~ I ~ r .a~ 1~ ~. d i y .;p ~,., i t Z~w~~~~a / - / \~ SECTION _ 26 SECTION 2 5 / - - - - -( I / __ i _i_' r' `.r~ o / i ~~ o, - - - - i °`~e~ ~ o ;-> °~/ i ~ . a I i s~'°/ J /~_ o i ' ~~,V _~ r- I 5°/ \ 20 , ~ ~ \o`~/ y y ~ ~ ~ °~/\i. c~ ' `'/°~ O (y~; , , ~a ~ W ~ ~~~ DASE _ LINE t ° .r-WEST~360.7b 26 p5 WEST G.L.G. Dofum I/4 25 r O A 35~ O6 2640.00 RECORD 36 ~^ LOT I / T6Nt R12W ~~, SECTION / 35 Lot. 60°34~ N I( a~ U.S. /UILITARY Lonq. ISI° 19r W '~° /RESERV4TION Spy / ~-f~MennoH (NHS°Ir'E'6.00) 2 J`or //~ ~~~ , ~\ SECTION 36 a / ~ / ~ ~ T 6 N, R 12 W, S.M. ALASKA @! \/ I E / P~~P "~o\\ / STATE OF ALASKA I ~~ PNU ~ Og2 00 °o,° \ ~~ ~: " ~ \0 \Q Runct~tl•r Coeln s56 ~~\ r v~ ~ ;. z~ ~ .~ ti~cy s~ / 6 / ~ 'P~ ~~ / ~ v ~ -~ 'h° ~~ M1`~rAa ~° J ' \ /\ ~°~ ~ State F&G s \ Kenai RiverMOrker, /I / ~ ~/ / G~ tie 5. ~*~ /\ QQ~\ ~°cS ~`~e~cApo 5`~c P~~U 9 ~~ ~ \ ~\ w c j ~ `~ J`r U ate ~ ~~ _ \ Cep ~'~'.ti~ .vc`0 ,<yC~O PG~ _.. "~ ~ ~/ It ~ ~ ' `-~w+"w~. ~+/.r y Ri ~; +~ a ~: ~ %~ ~-,. ~ ~ji ,~ +~ ;~ .r al F.. r ,"Tgr'3hu :1+1 w +t , 'r ~`. 11 ..~ia.a" r.- + •~~{. 4 'IMI _~ ~.t ~6.t~: i ; .. ~ ~J .y~ .c f :.,; ~ ; .w --~iP' VII Y ~tw t~ 1_i.". ++s ar,. j - ,,,~'x~^.,-~"- ~.) Y 1 ~ :.. j~ ~tT7 ~.~~ ~ rj ~ "~^~'J ,.:~ •.^} ~ ~~ ;--..-~-.~=..~. ~ mar ~• ,~ 1' ~'~ 1 .. W ~~, ~ °.I ~~ f +.: ~ I ~ ~.. is +.~.~ ~ ~.T.-^'-Tti j-x 1 ~. T-~ f'-TN ~ ~ 1 f . t - - - tl ~ y ~" f ~-f._._....r.,.;,_ I~'.'~. t ~ F' t oF- ~- 1 ` I wy ~ ;--" ' i '. `~.` ~ 5 1 ~ E A + 1 1 I ~ ~ ,' 1 ~ ~ 4~ t f~ +. I s a ~ .-" + t•-----s ! r ` _ `i ~,, - ~ _ 1 r~ ._ , ~\ , , . _ ~;~ :_ ., o o ~: `„ \\G\' ~ i /. -^~ /~' ~~~ \+~~5`~s\ - q i? fig ~ ~1, `~ Y[1/ C n1 y y ~~ ` . e i j ~ a = , ~ :.,'/ ~ 4 ~ ~. ., i. a :..]:.; =. ` ~, .. .. _ Yl~h. .,4 /' ~. . t ,,„ - _ ..... ..._., . , r`' '. c (8) Exception of this Section.- Outside Storage of Junk: Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be main- tained in a location which is visible .from a city or state road in any zone. However, the Planning Commission may grant a conditional use permit under the procedure specified in Section 20.30.200 allow- ing said use to continue for a specified period of time if: (A) An S-foot hif,h sight-obscuring fence of good appearance has been provided around said use. Section 20.30.060. Conservation lone - 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 ~~*ildlife reserves. Airport and related uses have been included in this zone to allow for the r.eserva- tian of aircraft approach zones. It is intended:tllat this zone shall apply mainly to publicly owned land. (2) Uses Permitted: (A) Airports and related use (B) General ardening and farming (C) nark or recreation use (D) Off-street parkin (E) Cemeteries (F) Radio or television transmitter towers Section 20.30.070. Rural Residential Zone - RR Zone (1) Intent: ~'he 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 resi- dential environment. The specific intent in esta- blishir;g this zone is: (A) To separate residential structures to an extent t~•hich will: ~., Preserve the rural., open .quality - of the environment; 2, Prevent. health hazarls in areas not served by public cater and sever. :ienai pt:ninsul:~ ';<~rnu~ii Pa,;e 1~ of !4R ... J. Y (B) To prohibit uses which would: 1. Violate t;he residential character of the environment; 2. Generate heavy traffic in predominantly residential areas. '~~ ('2)~ Uses Permitted: (A) Principal Uses: 1. One and two and up to four family dwellings; 3. Churches, provided t.~at no part of any building is located nearer than 30 feet to any adjoini ng street or property line; 3. Radio or television transMitter towers; 4. Conditional uses as specified in Section 20.30.140; 5. Farming and general agricultural use. (B) Secondary Uses.: 1.. Farks and recreatio n uses; 2. Off-street parking; 3. dome occupations as specified in • Section 20.30..1.70; 4. Uses and structures which are custom- arily accessory and clearly subordinate. to the above listed uses. (3) Development Requirements: (A) b4inimum lot area - 12,000 square feet; (B) Minimum Iot width - 90 feet; (C) Minimum yards: 1. Front yarcls - 25 feet, rrocir!er1 that . setbacks i'z•om City and State roads. shall be as specified in Section 20.30.150; 2. Side yard - 15 feet, provided that the minimum side yard on the street side of a corner lot s'_nall be 25 feet on both streets; 3. Rear yard - ?0 feet; 4. Rezoning to Suburban. Residential. All areas zoned ~.ural Residential that are sez•ved by aphrovea co;nrranity water and se~:~er srstem~> sl.all automatically be rezoned from :aural Residential to Suburi~an Residential. (D) 1laximum Lot Coverage: 1. Single farnily building - 30 0 2. Duplex - 35 0 . Kenai Peninsula Borough Orcl.inance :Vo. 74-?0 Paf;e 11 of d4 ,. .. ..:v_ _.. ._ -- - --- C, <~ ~~ ~-----~' tar ~_..,, ~~ ~//' ' .. o ` w ~~ ' ~~ h ,. .f i ~ ~ `,~ i • t~ I`4 .- - ~ ^ ~ ~. _ i ~~. _~ ~) ~_._1 ~ i ~ ~ - \ i r .-~ .~ - f ~ ~ _ - ~-'i J ~ ~ _ ., f \.: C ~ ~ ~ . 1 \~ ~ i F ' % ,~-~. 11 " \~ ~' -•- v~ ~~ , ~ __ --~ i ~N . .~ ,- / ~ ~ ~ ~~, t= ..! ~_ e { W \ ~ to -^` "/~,-.~/ ~ ~ , ~,.~' '~ _. _ ~ ~~ ,_, .,, ; _, . ; i . ~, ~y~ ~ \N r .. t~ r(: ! The City with a Future The Village with a Past L P. 0. Box-497 Kenai, Alaska 99611 OIL CAPITOL OF ALASKA April 3, 1975 The Planning Commission City of Kenai Box 580 Kenai, Alaska The Kenai Chamber of Commerce has received from Standard Oil Co. and Kenai Pipeline Co. a log cabin, which was the original homesteeld cabin of John Headburg (MooseMeat John) . The Chamber would like to utilize this as an Information Center for the City of Kenai. They have applied to the Alaska Bicentennial Commission fora grant of $10, 000 to move and refurbish this cabin. At this time the grant has not been approved, however if and when it is there must be a location for this cabin. This location. is very important, both for accesibility to visitors and attractive enough to enhance the city of Kenai . Phone 283-7989 The Board of Directors of the Kenai Chamber requests cooperation from the city in supplying a location if at all possible. Consideration of such areas as the corner of Caviar St. and the Kenai Spur, or the green strip corner of Main and the Kenai Spur If these are not feasible the Chamber is open for suggestions from this Planning Commission. Sincerely, Peggy Arness, Mgr. Kenai Chamber of Commerce P. 0. Box 189 Kenai, AK 99611 April 15, 1975 Honorable James A. Elson Mayor, City of Kenai P. 0. Box 580 Kenai, AK 99611 Dear Mayor Elson: With a deep sense of personal regret, it has become necessary for me to resign my appointed position as member and vice chairman of the City of Kenai Advisory Planning and Zoning Commission. I have accepted a job transfer to Washington, D.C., and will be leaving Alaska May 25th. My resignation, therefore, is effective following the scheduled April 23rd meeting. Jim, please accept my "thanks" for having had the distinct pleasure and opportunity of serving Kenai on what I consider an eminently important, vitally essential arm of City government. I have enjoyed my association with my fellow commissioners and City administrators, and shall always consider my tenure on the Commission among my most memorable and worthwhile Alaskan experiences. Best wishes to you all. Best ersonal regards, Jon M. Nelson JMN:Irh ~~~/~ B. O. B. CORPORATION PHONE 1ULEVARD 213 EAST FIREWEED LANE 2 72-$0 $6 ANCWOIQdCa`E. ALASKA 99503 03 April 14, 1975 Roland Lynn City Manager Keani, Ak Dear Sir: 1~ ,11~ r' d~._ „' ~ttv~~ k'..~ ;.r ,, Enclosed plat of the n`1ny^msen propert;T shaU~~.n~? sPvent~T seven acres of which I would 11_kP to bP :Heard at the plann~.ng and. zoning commission on the ?3rd of Apr.il_. Seeking variance to permit ~?. three ^il?.ion do7l.ar mobile home park of ?.st class ~ua.lit~.T, providinK the hest in m.obil.e home living in Alaska. Permission by the cor~~m_ssi.r.,n wi? l Hermit construction this ;Teas with twenty five to fifty spaces and. cornnletP the pro,iect i.n twn years. Any consideration f~ii~.l be appreciated, Your respectfu]_ly, ~~~~ Robert A. Da~e~i ~~~1'`'r BUSINESS, INVESTMENT AND RESIDENTIAL PROPERTIES 4 `'~ RESOLUTION N0. 75-19 ~` A RESOLUTION AUTHORIZING THE DISPOSAL OF CERTAIN REAL AND PERSONAL PROPERTY AT PUBLIC AUCTION. WHEREAS, the City of Kenai owns land, buildings, and personal property which is surplus to the public need;. NOW, THEREFORE, BE IT RE5OL'VED that the following property be disposed of at public auction: TO BE LEASED 'MINIMUM BIb Lot 6, Block 2, Fidalgo Subdivision .05/sq. ft. Lot 7, Block 2, Fidalgo Subdivision .04 Lot 8, Block 2, Fidalgo Subdivision .05 " Lot 9, Block 2, Fidalgo Subdivision '.05 " " Lot 1, Block 1, Etolin Subdivision .03 " " Lot 2, Block 1, Etolin Subdivision .03 " " Lot 4, Block 1, Etolin Subdivision .05 / Lot lA, Deshk a S ubdivision .05 Lot 1B, Deshk a S ubdivision .03 " Lot 2, Block S, Small Aircraft Apron .05 " " Lot 3, Block. 5, Small Aircraft Aron .05 " " Lot 4, Block 5, Small Aircraft Apron .05 " Lot 7, Block 5, Small Aircraft Apron .OS " Lot 8, Block 5, Sma11 Aircraft Apron .05 Lot 9, Block 5, Small Aircraft Apron .05 " " Lot 1, Block 2, Small Aircraft A,~ron .04 " Lot 2, Block 2, Small Aircraft Apron .04 Lot 2, Block 4, Small Aircraft Apron .03 " Lot 9, Block 2, CIIAP .03 " Lot 10, Block 2, .CIIAP .03 " Lot 11, Block 2, CIIAP ~ .03 " Lot 2, Block 2, CIIAP .05 " " Lot 3, Block 2, CIIAP ~ .05 " " Lot 2, Block 1, CIIAP .05 " " LOt 3, Block 1, CIIAP .05 " Lot 4 , Block 1, C I IAP ' `. 0 S " -..Lot 5, Block 3, CIIAP .03 " LOt 6, BlOCk 3, CIIAP .03 +r rT .Lot 7 ~ 8, Bl ock 1, CIIAP .05 " Lot 12, Alyes ka S/D, Part II .03 " " Lot 5 ~ 6, Ai rcr aft Parking Area #1 .04 " " Page -1- TO BE SOLD All or part of Government Lot 1, Sec. 4, TSN, R11W, S.M. Government Lot 31, Sec. 6, TSN, R11W, S.M. All or part of that portion of land bounded on the South by the Spur Highway and the SW by Main St. Loop, on the N and NW by CIIAP and on the N and NE by Airport ~tiTay, T 5N , R11W, S.M. 'MINIMUM BID PERSONAL PROPERTY TO BE SOLD AND 1<'IOVEDFROM PREMISES MINIMUM BID Residential Buildings 100, 101, 102, 103, and 104 Located on Government Lot 5, Sec'. 5, TSN, R11W, S.'M. $6,000 each house Passed this day of 1975. ATTEST ....Sharon Loosli, City Clerk JAMES A. ELSON, MAYOR. Page 2, Resolution 75-19 RESOLUTION NO. A RESOLUTION SETTING ASIDE LAND AS A MUNICIPAL RESERVE. WHEREAS, the City of Kenai is undergoing rapid growth and .change; and WHEREAS, there is a need to set apart. public land as a municipal reserve; NOW, THEREFORE, BE IT RESOLVED by the City. Council of the.. City of Kenai that: ~ the following land be set apart. as a municipal reserve in the Fidalgo Sub- division. LOT BLOCK 1 2 2 2 3 2 4 2 5 2 10 2 11 2 12 2 13 2 1 4 2 4 3 4 4 4 5 4 Passed this day of ,.1975. JAMES A. ELSON, MAYOR ATTEST: SHARON L00 LI, CITY CLERK RESOLUTION N0. A RESOLUTION SETTING ASIDE LAND AS A MUNICIPAL RESERVE. WHEREAS, the City of Kenai is undergoing rapid growth and change.; and WHEREAS, .there is a need to set apart public land as a municipal reserve; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kenai that:. the following land be set apart as a municipal reserve in the Fidalgo Sub- division. LOT BLOCK 1 2 2 2 3 2 4 2 5 2 l~ 2 11 2 12 2 13 2 1 4 2 4 3 4 4 4 5 4 Passed this day of 1975. JAMES A. ELSON, MAYOR ATTEST: HARON L00 LI, CIT CLERK ~ ~ _ _ 'q ~ ,_ _ . a `r ~f fi+ ~w~. '8+' f T T~ • ~2 ~.. h s } '71 r S .~ ~ ~S `l1) V n ~ ~ ~\ .. e . •' •- ° .. ~_ j}. ~,~ ~ { ~ _ .`y ~ t~ - ~; r~ . rV r (r` ,` . ' ` , , _ _ Q p. ~:: _ .~ , _ _. _ \ N ra, /~~ , ~- ~~ ~ _ ~ ~ ~ - y ~~ \ fi \N ~~ 1\ a \ \ ~ \ - l ~l i '~ .ti ` t Kam. »I.' ~ . r ~, ^~ _ .. ,. ~ ' r ' - 0 i ~ _ `. _ _ .. `~' .. - ~ _ 1 ~.. ~ .. _ ~_ r _ , :; ~ _ . i _ .~ .. _ J ' . ~ -w~ S ~ f} s _ .. _ '~.,7 ...s e°v :. ~~ ~ '~ -.. - .. b .. _~ ,. J ' -~ _. . .r , ~ , . 7, / .... ry f -. .. . u . v % y . .. ~ . _ .. ~ . , '' ~ . v ' .r * y~ . .a .~. J` ~ Y R' C _ .. . . _. . ~ . w ,. .. .. _ . _ ,. _ ~. ~ .. _ •, , ,f ~ .. ~ ':. . __ < • ,. - r • . y .. .. _ - . ,, . , -- . , .,- , - x,, ,~ . ..,, ~, _ __ w _ s ~ - .~ N ... _ ~ ~ s r 1 ..G ~ ~ ... .~.. .. r ~ i f ~ n r~ PENINSULA CLARION PUBLIC NOTICE Notice is hereby given that petition to rezone the Sl/2NW1/4 Section 15 and all of Section 16, TSN, R11W, S.M. located within the City of Kenai from Rural Residential to Conserva- tion Gone has been received from the City of Kenai by the Kenai Peninsula Borough Planning Commission. Public hearing on this petition for rezoning will be held by the City of Kenai Advisory Planning Commission at its scheduled meeting, Wednesday, April 23, 1975, which commences at 7:00 P.M., City Manager's Office, Airport Terminal Building, Kenai, Alaska. Public hearing on this petition for rezoning will be held by the Kenai Peninsula Borough Planning Commission at its scheduled meeting, Monday, May 5, 1975, which commences at 7:30 P.M., Borough Administration Building, Soldotna, Alaska. Public hearing on Ordinance 75-27 concerning this rezoning petition will be held by the Kenai Peninsula Borough Assembly at its regular meeting, Tuesday, May 20, 1975, which commences at 7:30 P.M., Assembly Room, Borough Administration Building, Soldotna, Alaska. Anyone wishing to present testimony concerning this rezoning petition should do so at these public hearings. G. S. BEST PLANNING DIRECTOR Publish: 2x (April 17 & 24, 1975) i A~lri1 ~~ y ~.~~~ StAa~ley T hnmpSQn ~t3Tflilgh Mayer Kensi Peninsula Baraug}t Bax 8 5 tl Soldatna, Alaska 99669 Aear Mayas Thompson. JarslVelsan, Kenai's Representative t4 the Kenai. Borough Planning Commission has recently resigned due ~€~ his being tr~rasferred to iashington D.C. I recommend the app©intment of Beverly Fillia as his replacement Qn the Borough Planning C®ission and further propose the Borough Assembly ratify her appointment at their next regular meeting, Thank you. 5,cerely, "~'" ~ awes A. Elsan, Mayor ity of Kenai KENAI PENINSULA BOROUGIi PLANNING & ZONING COMMISSION MEETING PAGE 5 MAY 5, 1975 AGENDA ITEM K. Request far Use of Borough Land - John Hanson Mr. Best informed the commission that Pdr. Hanson was dredging the Ninilchik Samll Boat Harbor and wished to dump the material on borough land, filling in the low spots. D.2r. Best noted the staff. saw no problem with P:2r. Hanson's dumping the material dredged on the borough land. Commissioners Hines/Amundson moved to allow John Hanson to dump. the dredged material on the borough land, subject to the standaf'd "hold harmless. clauses". The motion carried unanimously. AGENDA ITEP+i D. Public Hearings: 1. City of Kenai (Rezoning) This rezoning is located within the Kenai City Limits on city- owned land, and is adjacent to the Kenai River Bridge crossing. R2r. Best read the letter received from the City of Kenai Manager requesting the Kenai. Peninsula Borough to rezone~Section 16, T5N, R11Vd, S.It2. and the SZN4V~ Section 15, T5N, R11W, S.D,2. to Conservation Zone for a wildlife sanctuary and a protective area for barabaras. Public notice was published in the Peninsula Clarion's issues of April 17 R: 24, advertising the April 23rd City of Kenai Advisory Planning & Zoning Commission public hearing, the Kenai Peninsula Borough Planning Commission public hearing ', on this date and the flay 20th Kenai Peninsula Borough Assembly I public hearing on Ordinance 75-27, which will accomplish the rezoning if adopted. Copies of a map and the public notice were sent to property owners adjacent to or within 300 feet of the area. All nine return receipts of the certi- fied mailing-have been received. Mrr Best noted the letter and minutes received from the Kenai Mayor's Advisory Planning Commission on History and Tradition which strongly supported the rezoning. The City of Kenai Advisory Planning Commission, at their b2arch 18, 1975, meeting moved to present a resolution to the borough recornntending the rezoning. Mr. Best noted the letter from the Alaska Department of Fish and Game which offered any help needed in the planning of the conservation area. Mr. Best informed the commission the Alaska Division of Lands had no objections to the xezotiing from Rural Residential to Conservation. At the April 23, 1975, public hearing of the henai Advisory Planning Rz Zoning Commission,`the rezoning from Rural Res i-- dential to Conservation was Ltnanimously approved. The p arming staff had reviewed the renuested rezoning and su~'~*ested the planning c.nr~a:nission r~~commc~nd t.?7e rozon.n<r be ,..~..i,~1c,;1 <~s pt•~}~~id~~d ~ n z~.~ z~;i ~af,n i ti ?u l a ?;~~,.r.~izt~f~ :'1s~c~mhl~' ~)~ :a ~...c-e 75-27. Chairman. Dimmiclc opened the heari.nlr, to the public. Bill Baiim- gartner asked whex•e the bridge crossi.n; i.s located in relatou to the area to be rezoned. P1r. Best pointed out the location of the bridge on a min and-noted it will go right through 'the subject lands. As.t;nere was no further discussion from the public, Chairman Dimmiclc closed the public hearing. t Y y 3 KENAI PENINSULA BOROUGH PLANNING R~ ZONING COMMISSION MEETING PAGE 6 _ MAY 5, 1975 Commissioners English/Hines moved to recommend the assembly adopt Ordinance 75-?.7, which would accomplish this rezoning from Rural Residential to Conservation 7.one: The motion carried with no objections. ?.. J. Booth Recreational Subdivision Replat (Right- of-Play Vacation) This subdivision. is located 'approximately one-half mile south of tlae radio tower in the Cape Starichkoff vicinity and on the east side of the Sterling Highway. The original J. Booth Recreational Subdivision was recorded in Homer, September 26, 1966. Conditional preliminary approval was granted at the April 27, 1975 planning commission meeting for the replat. One of the conditions being that the previously dedicated rights-of-way located between Blocks 6 and 7 and Blocks 3 and 4 as shown on the original plat must be vacated by the proper vacation procedures. Mr. Best read 'the letter from the owners requesting the vacation, which is on file in the planning department. Public notice was published in the April 24 and A4ay 1 issues of the Homer 1Peekly News advertising this public hearing. Eight notices of the public hearing and a corresponding map were sent to property owners adjacent to or within 300 feet of the described property. One of the notices was returned as not deliverable and the return receipts of the remaining were received. The planning staff had reviewed the petition for vacation and recommended it be granted upon recordation of the final plat. Chairman Dimmick opened the hearing to the public. As there was no testimony to be heard, the public hearing was closed. Commissioners English/Hines moved to grant the vacation of the rights-of-way between Blocks 6 and 7 and Blocks 3 and 4 upon recordation of the final plat. The motion carried with a unanimous vote. 3. Hayward Hill Subdivision (Section Line Vacation) This subdivision is located within the City of Soldotna on the hill behind I{enai Drilling Company. This is a resubdivi- sion of Tract 2 Lee Subdivision Addition No. 2, which was recorded in Kenai on March 11, 1971. The preliminary plat was reviewed by the Kenai Peninsula.Borough Planning Commis- sion on April 21, 1975, and returned to the subdivider. As several items were to be accomplished on the preliminary plat, as outlined in the minutes of April 21, 1.975, and the data has not been received, the planning staff recommended the planning commission continue the hearing until the data has been made available. Commissioners English/Amundson moved to continue the public hearing until the data requested in the planning commission minutes of April 21., 1975, has been made a,va-ilable. The notion ,.z~ric _1 >>i;.~,~~ ~;~~u:;i~~~. AGENDA ITE~.1 F,. Consideration of Submitted Plats: 1. Birch Knoll Estates Subdi.vi.sion (Final) (Originally named Blazy Park Sub. at pre].i.minary stage) This subdivision is located within the City of Soldotna, approxi- KENAI PENINSULA BOROUGIi PLANNING 3z ZONING COM?vIISSLON MEETING PAGE 5 MAY 5, 1975 AGENDA ITEM K. .Request for Use of Borough Land - John Hanson Mr. Best informed the commission that h.4r. Hanson was dredging the Ilinilchik Samll Boat Harbor and .wished i~o dump the material on borough land, filling in the low spots. 'n,Rr. Best noted the staff saw no problem with P.4r. Hanson's dumping the material dredged on the borough land. Commissioners. Hines/Amundson moved to allow John Hanson to dump the dredged material on the borough land, subject to the standard "hold harmless clauses". The motion carried unanimously. AGENDA ITETd D. Public Hearings: 1. City of Kenai (Rezoning) This rezoning is located within the Kenai City Limits on city- owned land, and is adjacent to-the Kenai River Bridge crossing. Mr. Best read the letter received from the City of Kenai P.4anager .requesting the Kenai Peninsula Borough to rezone Section 16, T5N, R11W, S.h4. and the SzNW4 Section 15, T5N, R11W, S.r.4. to Conservation Zone for a wildlife sanctuary and a protective area for barabaras. Public notice was published in the Peninsula Clarion's issues of April 17 Rs 24, advertising the April 23rd City of Kenai Advisory Planning & Zoning Commission public hearing, the Kenai Peninsula Borough Planning Commission public hearing on this date and the '~Iay 20th Kenai Peninsula Borough Assembly public hearing on Ordinance 75-27, which will accomplish the rezoning if adopted. Copies of a map and the public notice were sent to property owners adjacent to or within 300 felt of the area. All nine return receipts of the certi- fied mailing have been received. Mr. Best noted the letter and minutes received from the I{enai Ivlayor's Advisory Planning Commission on History and Tradition which strongly supported the rezoning. The City of Kenai Advisory Planning Commission, at their March. 18, 1975, meeting. moved to present a resolution to the borough recommending the rezoning. Mr. Best noted the letter from the Alaska Department of Fish and Game which offered any help needed in the planning of the conservation area. Mr. Best informed the commission the Alaska Division of Lands had no objections to the rezoning from Rural Residential to Conservation. At the April 23, 1975, public hearing of the Kenai Advisory Planning Rz Zoning Commix Sion, the rezoning from Rural Res i-- dential to Conservation was unanimously approved. The planning staff had reviewed the requested rezoning and suggested the planning; commission recommend the rezoning be ~rrtnt~~~l a.~ prr~~ i dc•d in kt~r~;~ i_ ?'r n i r~~.,tla, R ~ uli;all :1sSr>>~bl.t' l)i ~a i :~:x n,c 75-Ot Chairman Dimmick opened the hearing to the public. Bill Batim- gartner asked where the brids;e cr'ossi.ng is located in rel.at;.ion to the area to be rezoned. P.4r. Best pointed out the location of the bridge on a ma.n and noted i_t will go right through the sul3ject lands. As entire was no further discussion from the public, Chairman Dimmick closed. the public hearing. ,~ KENAI PENINSULA BOROUGH. PLANNING £~ ZONING COMMISSION MEETING PAGE 6 _ _ _ b7AY 5, 1975 Commissioners English/Nines moved to recommend the assembly adopt Ordinance ?5-?.7, which would accomplish this rezoning from. Rural Residential to Conservation Zone: The motion carried with no objections. 2. J. Booth Recreational Subdivision Replat (Right- of-Gay Vacation) This subdivision is located approximately one-half mile south of the radio tower in the Cape Starichkoff vicinity and on the east side of the Sterling Highway. The original J. Booth .Recreational Subdivision was recorded in Homer, September 26, 1966. Conditional preliminary approval was granted at the April 27, 1975 planning commission meeting for the replat. One of the conditions being that the previously. dedicated rights-of-way located bettueen Blocks 6 and 7 and Blocks 3 and 4 as shown on the original plat must be vacated by the proper vacation procedures. Mr. Best read"the letter from the owners requesting the vacation, which is on file in the planning department. Public notice was published in the April 24 and n4ay 1 issues of the Homer Weekly News advertising this public hearing. Eight.. notices of the public hearing and a corresponding map were sent to property owners adjacent to or within 300 feet of the described property. One of the notices was returned as not deliverable and the return receipts of the remaining were received.. The planning staff had reviewed the petitioiy for vaca ion and recommended it be granted upon recordation of the final plat. Chairman Dimmick opened the hearing to the public. As there. was no testimony to be heard, the public hearing was closed. Commissioners English/Nines moved to grant the vacation of the rights-of-way between Blocks 6 and 7 and Blocks 3 and 4 upon recordation of the final plat. The motion carried with a unanimous vote. 3. Hayward Hill Subdivision (Section .Line Vacation) This subdivision is located within. the City of Soldotna on the hill behind 1{enai Drilling Company. This is a resubdivi- Sion of Tract 2 Lee Subdivision Addition No. 2, which was recorded in Kenai on March 11, 1971. The preliminary plat was reviewed by the Kenai Peninsula Borough Planning Commis- . Sion on April 21, 1975,- and returned to the subdivider. As several items were to be accomplished on the preliminary plat, as outlined in the minutes of April 21, 1975, and the data has not been received, the planning staff recommended the planning commission continue the hearing until the data has been made available. Commissioners English/Amundson moved to continue the public hearing until the data requested in the plannin; commission minutes of April ?,1, 1975, his been made avri.lable. The n,ot~ie>7i c~~_3'~•i~~cl L1n~~.t.ie1;,,,;s;1G~. AGENDA ITE".1 ,s. Consideration of Submitted Plats: 1. Birch Knoll Estates Subdi_vi5ion (Final.) (Or:iginally named Blazy Park Sub. at preliminary stage) This subdivision is located within the City of Soldotna, approxi- ~1 ~~,. ; f s a~ gyp; ~,~~~~~~ ~~~ ~ ~ ~~ ~ ~~~~~ TELEPHONE JOT - 2$3-7 I $J May 6, 1975 Planning and Zoning Commission P. 0. Box 580 Kenai, Alaska 99611 ~5 ~ ~f ~. Re - Conditional Use Permit for Mobile Home Park Gentlemen: My client, Mr. Robert Dow, proposes to construct a first-class mobile home park on the 70 acres immediately east of Mommsens Subdivision i~ne z~. the Wi ldwood area . ~ J / ~ -~~"~' Mr. Dow requests a public hearing on N-~a~.-.-1/~; 1975, on his application for a conditional use permit., Sincerely, ~~~~ EDWARD L. GARNETT ELG:ap May 13, 1975 TO: KENAI CITY PLANNING COMMISSION MEMBERS FROM: LORETTA C. KNACKSTEDT SUBJECT NAMING OF KENAI RIVER BRIDGE AND ACCESS ROAD The Kenai River Bridge in the past has long been sought for and worked for by many, many people and organizations, the river itself has claimed many lives in the past, its the biggest River on the entire Kenai Peninsula, so therefore I feel that it should not be named for any one person, as many have worked for it in the past, and have lost their lives to it. So I suggest the following for your consideration: ACCESS ROAD: 1. FLAT ROAD. The colloquial term for this area is "The flats" 2. TIDAL ROAD Its a tidal area, where the tide covers the flats in much of the area. 3. MARSH ROAD The area is by nature a tidal marshy area. KENAI RIVER BRIDGE: 1. TIDEWATER BRIDGE This is in effect actually the only crossing of the Kenai River at tidewater 2. KAHTNU-BEDNU BRIDGE This is the old Indian name for the Kenai River, source of name is Peter Kalifonsky, historian for the natives, who says that Kahtnu means river, and Bednu means where inlet enters river. Other natives have referred to it as Kahtnu, meaning "Big River". 3. TANAINA BRIDGE Tanaina is the name of the language of the natives of this area and also the name of the natives of the area who were of the Athapascan culture that inhabited this area. Source, from the book "Ethnology of the Tanaina" a University publication. All of the above refer only to names of historical significance, or of local usage. Your consideration of these names and facts would be appreciated. Sincerely Loretta C. Knackstedt Barabara Drive Kenai OATH OF OFF-ICE I,` (."~ ~ ~ ~ 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. ~-~L~ ~~ ATTEST Dated this ~~ day of_~ 1975. ,s• ~ ~ llate: Apr11 "l, 1y75 ~~` ~ , _ ~ KENAI PENINSULA BOROUGH ' PLANNING CO~IA4ISSION Resolution No. 75-2 A RESOLUTION DELEGATING CEFTAIN FUNCTIONS OF THE KENAI PENINSULA BOROUGH PLANNING COnQMISSION AS PROVIDED IN AS ?9.33.245 ~IIHEREAS, the Kenai Peninsula Borough Assembly did, on January 7, 1975, adopt Ordinance No. 74-70; and VtHEREAS, Section 20.30.210 of Ordinance No. 74-70 authorizes for the delegation of certain powers by the Kenai Peninsula Borough Planning Commission to the City of Kenai Advisory . Planning and Zoning Commission; and j9HEREAS, the .Kenai Peninsula Borough Planning Commission wishes to delegatethose functions as hereinafter provided. ~ N0~1', THEREFORE, BE IT RESOLVED by the Planning Commission of the Kenai Peninsula .Borough: 1. That:the Planning Commission and Adminis- _ trative Official functions provided for within Ordinance No. 74-70 under Section 20.30.050,. ..140, .150, .150, .170, .180, .190, .220, .230(1) -are hereby delegated to the Kenai Advisory Planning Commission, as the Planning Commission, and the City Manager of the City of Kenai, as the Administrative .Official, within the limi- ',- tations set forth in Sections 20.30.200,.. '' - ~ -. 20.30.21.0 & 20.30.230 of Ordinance No. 74-?0, so long as the procedures outlined in the ., document. entitled.."Kenai Peninsula Borough Planning Commission. Policy Statement. Zoning Ordinance Procedures" attached hereto as Appendix A and hereby made apart of this resolution are adhered to. ADOPTED BY TriE .KENAI PENINSULA BOROUGH PLAN1`IING COM!41ISSION ON THIS DAY OF ,1975. ATTEST: Marilyn Dimmick, Chairman Wendy Kitchens, Secretary -_~_' ~-PLANNI NGv CO."•41~~I I S S I ON ~ RESOLUTION NO. 75-2 SHEET 1 OF 3 KENAI PENINSULA BOROUGH PLANNING COb1ASISSION POLICY STATE~,ZENT ZONING ORDINANCE PROCEDURES I. VIOLATIONS (Authority. KPC 2.30.200) 1. Written complaint received or violation observed by Administrative Official. 2. Administrative Official investigates and determines. violation exists and takes action as provided by ordinance. 3. Administrative Official reports actions to Advisory ' Planning Commission. 4. Administrative Official reports actions to T~enai Peninsula Borough Planning Commission. II. DETER?dINATION OF NON-CONFOR~.SING USE (Authority KPC 20.30.050 (3) (5)) 1. Written application for determination received by Administrative Official. 2. Administrative Official schedules on agenda for Advisory Planning Commission meeting. ` 3. Advisory Planning Commission renders decision. 4. Administrative Official sends copies of Advisory. Planning Commission minutes to applicant and T~enai Peninsula Borough Planning Commission. III. CONDITIONAL USE .AND VARIANCE PER~.~ITS (Authority KPC 20.30.320 & 20.30.220) 1. Written application made to Administrative Official along with fees and data required. 2. Administrative Official schedules, advertises. and sends notices of public hearing by Advisory Planning Commission. 3. Advisory~Planning Commission holds public hearing • and determines whether to allow or disallow. ` ~ '"~ ~ PLANN I NG COMr,~I I S S I ON ' ~ ~ RESOLUTION NO. 75-2 SHEET 2 OF 3 4. Administrative.Official sends copies of Advisory Planning Commission minutes to applicant and Kenai " Peninsula Borough Planning Commission. IV. APPEALS (Authority KPC 20.30.230 & AS 29.33.110 & :120) 1. Written appeals from decisions of Administrative Official and Advisory Planning Commission filed with Administrative Official and Borough Clerk within 10 days after adverse decision rendered. 2. Administrative Official and Advisory Planning Commission review previous action, send all data, minutes, etc., and make recommendations to Kenai Peninsula Borough Planning Commission. 3. Kenai Peninsu~.a Borough Planning Director schedules,. advertises and sends notices of Kenai Peninsula Borough Planning Commission .public hearing. 4. Kenai Peninsula Borough Planning Commission holds public hearing and renders recommendations to Board of Adjustment within ZO days after the hearing. 5. City Mayor schedules, advertises and sends notices of hearing by the Board of Adjustment (City.Council). 6. Hearing held and Board of Adjustment renders decision within 30 days. 7. Administrative Official sends notification of action and minutes of Board of Adjustment to appellant and Kenai Peninsula Borough Planning Commission: NOTE: Further appeal may be made to the Superior Court as provided in AS 29.33.130 & KPC 20.30.240. V. REZONSNGS " "(Authority KPC 20._, ) 1. Petition along. with map, fees, etc.,.filed with Kenai Peninsula Borough Planning Director. 2. Planning Director contacts Administrative Official _, and Borough Clerk and schedules, advertises and ,. " ~ sends notices of Advisory Planning Commission, Kenai. Peninsula Borough Planning Commission and . Kenai Peninsula Borough Assembly public hearings... t IaENAI PENINSULA 13UKOUGII '~ V PLANPIING CO"4r!IISSION RESOLUTION NO. 75-2 SHEET 3 OF 3 ,3. Planning Director prepares ordinance and requests on behalf of Kenai Peninsula Borough planning °Commission that. Kenai Peninsula Borough A4ayor or city representative on Assembly introduce ordinance to Assembly concerning rezoning, 4. Advisory Planning Commission holds public hearing and makes recommendations and forwards to .Kenai Peninsula Borough. 5. Kenai Peninsula Borough Planning Commission holds public hearing, reviews information, previous recommendations and recommends. action to Kenai Peninsula :Borough Assembly on ordinance. 6. Assembly holds public hearing on~ordinance and either approves or rejects. 7. Planning Director/Borough Clerk sends. copies of ordinance and Kenai Peninsula Borough Planning .. Commission and. Assembly minutes to: A. Applicant/Petitioner B. City 8. Planning Director notes and changes official zoning map, if appropriate. May 22, 1975 :. To Planning and Zoning Commisuson 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. Bl:d~• nsp. / ..' 6~~ Howard ackney YOU ARE BEING SENT 'T `S NOTLCE AS YOU OWN PROPS' Y WITHIN 300 BEET OF THE DESCRIBED PROrERTY. PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAN AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A MOBILE HOME PARK WITHIN THE CITY OF KENAI, A PORTION Og LAND IN THE E2, SE4, SEC 25, T6N, R12W, 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., MAY 28, 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 TEST IMONY AT THIS HEARING. ROLA D D. LYNN ADMINISTRATIVE OFFIC AL x~:Nn1 YLnNIVING ~ ZONING CO;~IAIISSION '~-- REGULAR MEE'i' ING JULY. 9 , 19 7 5 ` -~- 7:00 P.1~1. CITY MANAGER'S OFFICE RON MALSTON, CIiAIIL'~~1AN ITEM 1: ROLL CALL Present: Nels Kjelstad, Beverly Fillio, Betty Glick, Cliff.Heus, and. Ron Malston. Absent: Harry Gaines and Roland Raymond Ex-Officio A4ember Present.: Councilman Ed Ambarian Also Attending: Vi Cutsinger, Gail Glad, Roger Meeks and Phil Aber. ITEM 2: API?ROV11L OF ~A431y'UTES Minutes of regular meeting of~June 25, 1975. The following corrections ttirere made. to the minutes: Page two- end of second paragraph- should read..... drawings should be date stamped when received. Page. three- first paragaaph- should. read,.... for a .lease showing the dimensions of lot. Page three- For The Good Of The Order- 2nd and 3rd line should read... going over proceedures for sub- division applications. T};~ Coii~~ii T ~+~ l~:~il slt ~ F~~ lt.~ Lli!-,}i l(~~~~ :- 1F'~.. L: :, i~~.,~ - the CIt}' Attor;.Cy tC i•.r. 'I~,Cw Tegardiil~; it rr +.. T~ ac ~ A Mommsen Subdivision. T'he me;,;bcrs of the Commission need corrected copies of the June 11th and May 28th Planning Commission minutes. The minutes were unanimously approved as corrected. ITEA1 3: OLD BUSINESS . (a) Vacation of seventh street., Killen Estate Addition #1 and the re-platting of. Killen Estate Addition to Northgate Estate Subdivision. Tie Commission would -like a copy of letter from the City Manager to Killen Estate Addition. Phil Aber presented and read to the Commission a letter of Public Notice from the Borough and also a letter to Mr. Best from the owner. Mrs. Pillio moved that the Commission recommend a vacation of Second Avenue as shown on Preliminary Plat of Northgate Subdivision dated .May 3, 1975. The Motion was seconded by Nels Kjelstad. Motion passed unanimously. KI;NAI PLANNING f, ZONING CObIT7ISSI0N ~, RrGULAR M)rl~'I'ING, JULY 9 , 197 5 PAGI 2 _ (b) Tract "A" Mommsen Subdivision- Addition # 2:" It was. reported by Nels Kjelstad of 1ti'ince-Corthel that he had resear.ched the 1;orough records and T1r. Doiti• had been pa}Ting taxes on this ground. and i~:ould like a Quit Claim from the Ci.t}T. Mr.. Kjelstad also reported that this property had never been dedicated as a. park. Mr. Kjelstad moved that the matter be tabled w~til the next .meeting after they have received more infor- mation. The Motion was seconded b}T Mrs. Fillio. Motion :passed unanimously (c) Regulations for the reclamation of gravel pits. Was unanimously decided by Commission to move the above. to the end of agenda. (d) Dow Manor Regulations: Received and reviewed Do~~T Manor Regulations. ITE?~4 4: NE11r rTJSr~TiSS (a) Vi Cutsinger- suburban residential Zone Section 20. 30. 080. (b) Secondary Uses 3. Home occupations as speci-fled in Sec. 20.30.1.70 Vi Cutsinger asked for approval to put in a Home Occupation and l>usiness service in her home located in Redoubt Terrace.. Phil Aber stated that it should be approved as she met all the regulations reduired. Mr. Kjeistad moved that the Commission grant Mrs. Cutsinger's request. The Motion ZtiTas seconded by Cliff Heus I~4otion passed unanimously (b )' Kempf Subdivision: It was moved for acceptance of preliminary/ final-plat of Kempf Subdivision with the recommendation that the streets not be City maintained until brought up to City standards and approval of the vacation of the 20 feet-along 11th Avenue and 3 feet along F .Street.. It was moved by Mrs. Glick that the Motion be passed. The Motion was seconded by Cliff Heus. Motion passed by Roll Call Vote. Voting Yes: Ron Malston Nels Kj elstad Betty Glicl: Cliff Heus } ~ KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING, JULY 9, 1975 PAGE 3 ITEM 4: (b) continued Voting No: Beverly Fillio (c) Don Aase-Developer- V.I.P. Park Estates- Lots 4-12, Block 2, and lots 30 $ 31, Block 1, Amended- Final Plat: ' Phil Aber presented a final plat which is an addition to the V.I.P. Park Estate. It was discussed at length whether the streets should have a 60 ft. or SO ft. right of way. Phil Aber indicated that 60 ft. was preferred for snow removal and Nels Kjelstad stated that this was not needed and that it would take more taxes off the tax roll. Mrs. Fillio moved to accept the approval of the V.I.P. Park Estate Final Plat with 60 ft. right of way for Clipper Circle. Motion died for lack of second. Discussion followed. _ Betty Glick moved for approval that the Commission accept the final plat of V.I.P. Park Estates as presented. Motion was seconded by Nels Kjelstad. Motion passed by Roll Call Vote: Voting. Yes: Ron Malston Neis Kjelstad Betty Glick Cliff Heus Voting No: Beverly Fillio (d) Preliminary/final plat- Morin Subdivision: Mrs. Fillio briefly mentioned .the reason for this being brought up before the Planning Commission as a Subdivision at all was due to a Borough Ordinance which states that it has to be considered a Subdivision if sold in two seperate pieces. The Commission stated that. property shall be subject to assessments: Cliff Heus moved the Morin Subdivision be approved. .Motion was seconded by Nels Kjelstad. Motion passed unanimously. (e) Preliminary/final plat- Knudson Subdivision: Phil Aber presented plat and asked that the plat be approved. Mrs. Fillio moved for approval of the Knudson Subdivision Preliminary/ final plat. The Motion was seconded by Betty Glick Motion passed unanimously Y.EtIAI PL!`,NNIt~dG f~ ZO(~IIIaG CO(1t~ISSIOt~~ ~'` REGULFeR t1L'E'i'Ii~lG, JULY 9, 1975. .PAGE 5 ITEh13: _OLD CUSI(~(FSS (c} ContinuE~d ftel s I:jel stall novel that i n vi e~~r of ttie Council 's indecision over tha Granting of a Gonditiont:l Usc Permit for the operation of gravel pits to ChestEr Cone anti Robert Boa°c~an, the !;enai Platin~in~ Cor,mi~;sion reiterates its stand that the Condi t ior•;a1 Use Pe:rr~~i t be denied and than.: thr, minutes of this Co~u~issi:i~ meeti nrs be submi ttec! to the Car:rci 1 at their study session Thursday night July 10, 1975. Qeverly Fillio seconded thn tdotion. .Motion passed unanimously by roll call vote. fdels Kjelstad Qetty Glick P,everly F i 1 1 i o Cliff focus Ron t1a1 stcn FOR T~:= ~J^,1 0 THE O~:DI"(: lJas decided by Commission tc invite tho Council '~c~ attend a joint meeting ,:nd work .session 2~ri th t(~e Planning Commission an Jul,/ 23, 1975 at ~~ : 30 (', (~i. ITEf'1 5: ADJOUR~J There being no further business, the meeting adjourned at 9:40 f'.t~t. Kat leen Clark, Secretary F 1w.-..+....,..~/j, t :.2-~. ~. - - - -- -- U KENAI PLANNING R 'CONING COl1!I11~IISSION REGULAR MEETING AUGUST 13 , 1975 7:00 P.M. CITY MANAGER'S OFFICE RON MALSTON , CHAIRMAN ITEM 1: ROLL CALL Present: Chariman Ron Malston, Beverly Fillio, Nels Kjelstad, Roland Raymond, Betty Glick, Cliff Heus and Harry Gaines. Ex-Officio Member Present: Councilman Ed Ambarian Also Attending: Mr . Gary Davis and Phil Aber ITEM 2: APPROVAL OF MINUTES Minutes of July 23 , 1975: The fallot~ing corrections were made to the minutes: Page one- Item 2- In "Approval of P~Tinutes"- 16th line down should read "it would take more property aff the tai, rolls. Page three- Item 3 - In 1t~OTION of Item (d) 6th line the word "Bookies" she~~ld be spelled "Bookey's" Page five -Item ~- Ne~4~ Business item {c) 6fh line do:^rn mis-spelling of P.Zalston . Page five -Item 4 -New Business Item (d) 10th line down should read- Kenai "Flight" Service instead of Kenai "Air" Service. Correction on July 9, 1975 minutes: Page one- Item 3 -Old Business- Item (a) 10th line down should read- vacation of "Seventh" Ave. instead of Second Avenue. " ITEIVI 3; OLD BUSINESS (a) R•Zonfor/Davi.s -Car Wash/ Camper Park -Lots 157 & 160 Deshlca Subdivision: As Mr. Davis was not present, Mr. Aber Suggested Item. be taken off agenda. Commission members unanimously approved deletion Monfor/Davis-Car Wash/Camper Park . KENAI PLANNING & ZONING COl\'I117ISSION REGULAR AZEETING, AUGUST 13,.1975 PAGE 2 ITEM 3: Old Business- continued (b) Regulations for the r. eelamation of Gravel Pits: Chairman itialston stated he was informed that the the Gravel Pits should be called "Natural Resource Extraeti.ons" . Chairmen 11Ralston suggested that Commission table the issue until more information is received from nor. Joe Stinson in Anchorage. A special Work Session tvas set up by the Comm- ission for Tuesday evening August 19, 1975 at 7: 00 p .m . on The Natural Resource Extractions. With. unanimous approval of the Commission ,Item (b) was tabled until more information is received . There was a slight discussion on "Old 1lninutes" concerning Dave L . Diamond and Andy's Flying Ser. vice , Inc . - Float Plane Expansion and letter that was sent to him by Admin- l.Stratl021 . ITEM 4: NEVlT BUSINESS (a) Planning & Zoning Commission Agenda Recommendation far member-Harbor Commission: Chairman Malston asked for a volunteer to serve on the I{enai Harbor Commission . Mrs . Betty Glick Volunteered her services and teas unani- mously appointed by the Commission . The Adm- istration was as}zed to .notify , by letter , the Mayor. of her appointment to the Kenai Harbor Commission . (b) Public Use of Borough Foreclosure Parcels: The information presented was discussed . Commission was advised that the information was for use of Council to determine what lands the City wants and what they don't want they can sell. There also is a map showing the Borough Foreclosure Parcels in the Public Works Office . a IZENAI PLAi~'l~Il`TG t~ lOi~'ING COM?12ISSION REGtiLAR 111EI;7'ING, AUGUST 13, 1975 PAGF. 2 ITEAZ 3: Old Business- continued (b) Regulations for the reclamation of Gravel Pits: Chairman Plal.ston stated he v,~as informed that the the Gravel Pits should be called "1\?~tur. al Resource Extractions" . Chairman 1'.?alston suggested that Commission table the issue until more information is received from l!~r. Toe Stinson in Anchorage. A special ~L'ork Session t~ras sef up by the Comm- . fission for Tuesday evening August 19, 175 at 7: 00 p .m . on The Natural Resource Extractions. Vdith unanimous approval of the Commission ,Item (b) was tabled until more information is received. There was a slight discussion on "Old P:'[inutes" concerning Dave L. Diamond and Andy's Flying Service, Inc.- Float Plane Expansion and letter that was sent to him by A.dmin- fish°ation . ITEAZ 4: NEI'V BUSINESS (a) Planning & Toning Commission Agenda P~ccommendati.on for member-Harbor Commission: Chairman Ii~alston asked for a volunteer to serve on the Kenai I~arbor Commission . )ti'(rs . Betty Glick Volunteered her services and was unani- inously appointed by the Commission . The Adm- istration vJas asked to notify , by letter , the I•~fayor of her appointment to the Kenai harbor Commission . (b) Public Use of Borough Foreclosure Par. eels: The information presented teas discussed . The Commission stated they would like to look at lands in~the Foreclosure List with the idea of utilizing area for parks and re- creation and. other City purposes. Commission was advised that the information was for use of Council to determine what lands the City wants and what they don't want they can sell. There also is a map showing the Borough Foreclosure Parcels in the Public LVorks Office. KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING, AUGUST 13, 1975 PAGE ~ ITEM 3: New Business- continued (c) Sonberg Subdivision-Preliminary/Final: Commission was advised that the Borough due date on Plat was August 8th and that there is a time problem. Beverly Fillio stated that when asked if the Kenai Planning ~ Zoning Commission had heard of-the Sonberg Subdivision, she said that t-hey had, but not having received it, the Commission hasn't had a chance to recommend it. Beverly Fillio stated that the feelings of the Borough. were that the Planning ~ Zoning Commission. should check the Subdivision Plats to see that there are no gross errors concerning the Borough, then it is up to the City of Kenai to inforce their own regulations. It was the feeling of the Kenai Planning ~ Zoning Commission that they should receive Subdivision Plats first, before the Borough, to make their recommendations, since the Borough makes the final dicision. Chairman Malston stated once again that he would like to see the City purchase a "Date Stamp". Phil Aber. was asked by the Commission to con- tact Sam Best of the Borough to see if Sub- division Plats could be sent to the Planning F~ Zoning Commission sooner. Advice from the Administration was asked for. Mr. Aber stated that the plans contained enough information and the layout was accept- able, but didn't allow enough room for streets and that Administration is refusing to accept streets unless they meet requirements and also that there are a lot of small legal details that need worked out in this area. MOTION Chairman Malston asked the wishes of the Commission. Harry Gaines moved to accept the Sonberg Subdivision Preliminary/Final Plat. The Motion was seconded by Betty Glick. KhNAI PLANNING & ZONING COMMISSION , REGULAR RZEETING, AUGUST 13, 1975 , PAGE 4 ITE117 4: New Business -continued Motion passed by Roll Call Vote: Voting Yes: Beverly Fillio Nels Kjelstad Roland Raymond Betty Glick Cliff Heus Harry Gaines Voting No: Ron P!~alston (d) Cindy Subdivision- Preliminary /Final: Chairman Malston asked for recommendations of the Administration Phil Aber stated the easement should be 30'feet 3.nstead of 25 feet. Othert~~ise the Plat jvas acceptable as submitted . 147OTION Nels Kjelstad moved for approval of Cindy Subdivision Preliminary/Final Plat . The motion was seconded by Cliff. Heus. Motion passed unanimously. (e) Katmai. Subdivision -Preliminary/Final Plat The drawing was discussed by the Commission. It was brought out that 33 ft. road was not really acceptable. The Plat has been approved by -the Borough. MOTION Nels Kjelstad moved for acceptance of Katmai Sub- - division with the following exceptions: (1) that Commission doesn't understand the need for double frontage on lots 1 & 2. (2) and similarly the Commission does not see need for 24th Avenue . (3) appears that 24th Avenue should be called _ 23rd Avenue. The Motion was seconded by Beverly _Fillio . Motion passed unanimously . KENAI PLANNING & ZOI\?ING COi1~R'[ISSION REGULAR MEETING, AUGUST 13, 1975 PAGE 5 ITEM 4: New Business -continued (f) Russell Subdivision-Preliminary Plat: Councilman Ambarian suggested that Planning - & Zoning Commission purchase a map showing all subdivisions . Chairman- Malston asked for Admin- istrations recommendations. It was felt by Admin- istration and Commission that Subdivision is not adequate because there are no roads to property although an easement exsists. MOTION Betty Glick moved for approval of Russell Sub- division Preliminary/Final Plat with the following exceptions: (1) That lots 1 & 2 appear to be too small for on-site water and sewer disposal. - (2) Tl~iat 25 ft. set-backs are not shown. (3) Utility easements are not shourn. (4) A temporary cul de sac should be shown at the East end of 5th Avenue. The 1•-lotion teas seconded by Beverly Fillio . Motion passed unanimously. (g) Mary Wiliet ts--Letter on naming of road to Kenai River Bridge: Commission acknowledged receipt of Mrs. ~Nilletts letter. Chairman R!~alston made comment in regard to the letter . which was dated June 8, 1975 and not received by Planning & Zoning Commission until August 13, 1975. The Commission stated they appreciated the suggestion and felt that "Birch Haven Drive" was an appropriate name . With the Commission's approval Chairman Malston moved back to Item (a) of Item 3- Old Business. KENAi PLANNING REGULAR It'IEETING, page 6 A40TION MOTION ZONING C01171<IISSION AUGUST 13, 1975 OId Business -continued - Item (a) of Item 3 Mr. Gary Davis was asked to make a presentation. He stated that they had considered the area because of the scenery for the location of the Camper Park and that the Car Wash was just something they felt was needed in Kenai . T~Zr . Davis was advised that a 11'Ir . 111acheras was trying to lease the same lots that lt~lr . Davis has requested . Mr. Davis stated that there would be nothing done until next spring. Mr. Aber brought out faults in the Camper Park sketch such as the spaces need to be larger ~ that the water and sewer would need looked into. 11!Ir. Davis said he would be agreeable to any changes that needed to be made to meet the acceptance of the Commissian. Beverly Fillio moved to table the A!Eonfor/Davi.s Car T~~ash/ Camper Park pending the Administraton's reports on the previous application. Back to New Business (H) Complaint regarding Gravel Extraction on Caro Subdivision: Councilman Ambarian explained his complaint on the Gravel Extraction on the Caro Subdivision . The "112emorandums" and "Facts Determined by Investigafion" ~ti~hich were presented to the Comm- ission for their information were discussed by the Commission and explained by Jan Williams, City Attorney. No action taken. (I) Skelikof Subdivision - re-plat: Plat was presented by Phil Aber and discussed by the Commission . Roland Raymond moved for approval of the re-plat of Lots 4, 5, G and 7, Bloclc 1 of Shelil~of Sub- division . Commission stated that the lot size appears to be inadequate for on-site sewage disposal and water . Motion vas seconded by Nels Kjelstad Motion passed unanimously. ,•, KENAK PLANNING ~ ZONING COMMISSION REGULAR MEETING, AUGUST 13, 1975 PAGE 7 ITEM 5: ADJOURN There being no further business the meeting adjourned at 9: 45 p , m . M,;,,,,,,~... KENAI PLANNING $ ZONING COMMISSION REGULAR MEETING AUGUST 27, 1975 7:00 P.M. CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL Present: Chairman Ron Malston, Beverly Fillio, Nels Kjelstad, Betty Glick, Cliff Heus, and Harry Gaines. Absent: Roland Raymond Ex-Officio Member Present: Councilman Ed Ambarian ITEM 2: ITEM 3: PUBLIC HEARING was moved up to ITEM 2: The Public Works Director gave the report from the Administration concerning the request for Variance to allow double wide mobile homes with a minimum width of 16 feet in Northgate Estates Subdivision situated in the NWI4 Section 31 T6N R11W, S.b1. City of Kenai,.Alaska. Carol and Don Bailey who are now in the process of purchasing Northgate Sub- division represented Mr. ~ Mrs. Medema.. They stated that they also felt as Mr. ~ Mrs. Medema that there was a need in the Kenai area for Lower priced homes and expressed their wish to develop this 91 acres of land for less expensive homes. The rec{uest for Variance. letter was then read aloud by Chairman Ron Malston. H.A.. Poore representing Woodland Development spoke in opposition and felt in_order to get a Variance you need to demonstrate a need and didn't feel that the need was demonstrated here, Wade Lundstrom of Woodland spoke in opposition be- cause he can't see need that would warrant a Variance and didn't feel they would improve the area. Carol Bailey spoke in favor of by clarifying that the property would be deeded land as in any other- subdivision. That it would not be a trailer park and would have public water and sewer. Don Baffle spoke in favor of stating that the homes wouldn't e cheap, around $38000.00, and are really not trailers. Beverly Fillio asked Mr. ~ Mrs. Bailey if someone wanted to build a frame house would they be allowed to do so, they said yes. Wade Lundstrom speaking in opposition asked basically w at woul price be developed as they would. be developed for sale. Mr. Bailey quoted 60~ a ft. up to 80~-85~ a foot. Would be around $45,000.00 home by the time it was put up. KENAI PLANNING $ ZONING COMMISSION REGULAR MEETING, AUGUST 27, 1975 PAGE 2 ITEM 2: Public Hearing -continued Dir. Lundstrom felt it would take greater income to purc ase a trailer home than a home of greater magnitude because the loan period is shorter for trailers. Carol Baffled speaking in favor of said the alter- native to this is "modulars" which run in the category of $30.,000.00 and no Variance is needed for "modulars". Wade Lundstrom asked hoW many lots are in this proposed Su division. Mr: Bailey answered, roughly 208. Vivian Raymond spoke in opposition and asked wha t the minimum length would be, she understood there was a minimum width. She felt the developer would be as well off putting in small homes. Don Driskell spoke in opposition of indicating that a lot owner could put in a 10 ft. wide trailer with lean-to and have a 16 foot width .structure on solid foundation, but still you would have lean-to and trailer and didn't think this was good idea. Arlene Arisawa asked why the intent to put trailer omes on lots that are regular building lot size if the purpose was for instant housing. Mr. Bailey said it is to allow trailer homes if they want. Wade Lundstrom asked if they would be building oun ations or just slabs. Mr. ~ Mrs. Eailey couldn't really give an answer at this point. Ron Malston stated there are homes being built in en~ai-right now that are selling for $45,000.00- $48,000.00 and personally doesn't see the justif i- cation for the Variance. Wade Lundstrom said biomes can be built on this typ e sub ivision pretty rapidly. H.A.. Poore said if need is there, homes can be built much more rapidly than they are being built. Beverly Fillio asked Mr. F, Mrs. Bailey if they had looked into the possibility of developing and building frame homes. Mr. Bailey said they hadn't had opportunity to really research since they just purchased subdivision. Ron Malston felt that a person with a stick home woul pro ably object to a double-wide trailer being in the neighborhood. H.A. Poore felt Woodland property would be downgraded i a development such as this was built across the street. KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING, AUGUST 27, 1975 PAGE 3 MOTION ITEM 2: Public Hearin- continued Ron Malston asked for closing of the Hearing if there were no more comments from the audiance.He then asked for wishes of the Commission. Councilman Ambarian commented that other Variances have been asked for in the past and were turned down. He felt Woodland residents had a good argument and he personally recommended against the issuance of the Variance. • Beverly Fillio pointed out the need for some kind of place for trailers and felt it was something the Commission should take a long look at. Ron Malston spoke in favor of there being a need for the homes and the property could be developed for regular stick homes as well as double-w ides. Nels K'elstad felt that trailers should no longer e under the zoning code set up for them . Felt Ordia.nce 269-75 was unconstitutional as you can build trailers on one side of town and not the other. Beverl Fillio asked Mr. Bryon Smith the difference etween a Mo6i1 Home and Modular Home. He stated that a Mobil Home was anything moved on wheels and a Modular Home was a pre-fab home which is moved on wheelsthen put on foundation. A Modular Home is made of wood and a Mobil Home is usually made of mostly metal material. A Modular Hoine could increase in value if taken care•of and on a foundation. A double-wide would cost from $25,000.00 - $42,000.00. Chairman Malston asked for wishes of the Commission. Councilman Ed Ambarian comr~tented that Commission had already turned down one other party and didn't feel Bailey's rec{uest should be accepted. Beverly Fillio moved to grant Variance as rec{uested on Northgate Estate Subdivision, Kenai. Motion was seconded by Cliff Heus. Motion passed by Roll Call Vote: Voting yes: None Voting No: Beverly Fillio Betty Glick Cliff Heus Harry Gaines Ron Malston Abstained: Nels Kjelstad l KENAI PLANNING ~ ZONING COMMISSION REGUALR MEETING, AUGUST 27, 1975 PAGE 4 ITEM 3: APPROVAL OF MINUTES OF AUGUST 13, 1975 Minutes of August 13, 1.975: The following corrections were made to the minutes: Page 2- Item 4: (b) the following paragraph was left out- "The Commission stated they would like to look at lands in the Foreclosure List with the idea of utilizing area for parks and recreation and other City purposes. Page 3- Item 3: (c) second line- word left out- Borough belongs between "the" and "date". Third line- "to be" should be blocked out. Fourth line- Is Beverly Fillio instead of Nels Kjelstad and "Kenai" should be entered in front of "Planning". Sixth line= "The Commission" should be crossed out and "she" put in its place. Lines 8 ~ 9- the sentence "Nels Kjelstad asked Mr. Ambarian to bring this up to the Council" should be eliminated. Eleventh line- the word "should" should be entered between Commission and check. Fifteenth line- the word "Kenai" should be entered before Planning. Twenty-sixth line- the word "continued" should be "contained". Page 4 - Item 4: (d) fifth line- should read - was acceptab-ie as submitted. Page 4 -Item 4: (e) fourth line -should read- "there are no roads to property although an ease- ment exsists. Pa e 6 Item (a) of Item 3: ninth line- The wor "Lots" should read "spaces"- Page 6 - Item (h) of New Business ninth line should read - Attorney. No action taken. The August 13th minutes were approved as corrected. Chairman Malston asked to move to Item 5: New Business: ITEM 4: NEW BUSINESS: MOVED IN PLACE OF - OLD BUSNINESS (a) Penney Mobile Home Sales- Request for the construction of a trailer sales office: Phil Aber spoke briefly on the construction of an office for Mobil Home Sales, stating Mobil Homes are really not allowed in this area for office purposes. Mr. Bryon Smith of Penney Mobil Homes made a pre- sentation of his plan to Kenai Planning ~ Zoning Commission. What he wanted to know was if he can use a Mobil Home or put up a pre-fob for a office. He stated there would be no sewer or water hook-up, KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING AUGUST 27, 1975 PAGE 5 Item 4: New Business- continued would just have use of electricity. Phil Aber spoke in favor of Mr. Smith's proposal. Councilman Ed Ambarian spoke in opposition because of hotiv it was stated. in Ordinance. Howard Hackney stated when Ordinance was drawn up this was never discussed as to the use of trailers for office purposes. Ron Malston spoke in favor because he felt that a mobile home moved in on the lot would be better than what has been on it. Beverly Fillio asked Mr. Smith how long a period of time would he be renting and when did he anticipate .moving. Mr. Smith answered I2 year he would be on this lot. Mrs. Fillio felt Mr. Smith was doing every- thing in a nice orderly way but didn't feel Commission should set a precedent when Ordinance says no. Nels Kjelstad stated permission cannot be granted without a request for Variance and this calls for a Public Hearing. The Kenai Planning ~ Zoning Commission decided all they could do was advise him or set up a Public Hearing which was explained to him. Chairman Malston said he personally would like to see Penney Mbbil Homes ask for a Public Hearing. Phil Aber told Mr. Smith he would have to have a written re- quest from him before setting up a Public Hearing date. Nels Kjelstad informed Mr. Smith that he had (3) alternatives: (1) He ask for a Variance, in this case we would have to have a Public Hearing. (2) He could build permanent structure. (3) He can apply to City for a Building Permit for a temporary structure. There. was no Motion made on the issue. KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING AUGUST 27, 1975 PAGE 6 Item 4: New Business - continued :(b) Antwerp Subdivision- Preliminary/Final: Beverly Fillio made comment there was not time for Commission to act on the issue. Example: Plat was sent August 18th by the Borough rec{uesting approval by August 25th. Kenai Planning € Zoning Commission meeting was held August 27th. Beverly Fillio said she would bring this up to the Borough. Chairman Malston asked for the Administration recommendations. Phil Aber stated none of the easements or set backs are shown on Plat. Chairman Malston asked the wishes of the Commission. MOTION Nels Kjelstad moved for approval of Antwerp Subdivision subject to the following: (1) 25 ft. set back be shown. (2) That logs appear to be too. small for on site water supply ~ sewage disposal. Motion was seconded by Beverly Fi11io Motion passed unanimously. (c) Sharon L. Subdivision- Preliminary/Final: Chairman Malston asked for recommendations of Administration. Phil Aber stated there was one change and this is the removal of cul de sac at the East end of C Street, North East. MOTION Beverly Fillio moved for approval of the final plat of the Sharon L. Subdivision. Motion was seconded by Betty Glick Motion passed unanimously (d) Conditional Use Permit- Johnny Johnson Motors: Phil Aber stated he was asked to get the feeling of the Kenai Planning ~ Zoning Commission for a Conditional Use Permit to rent entire Building presently occupied by Fine Arts. He stated it is City=owned land and is zoned Urban Residential. Chairman Malston asked with approval of Commission that Mrs. Meeks be allowed to speak on .the deed turning the property over to the Library. Councilman Ed Ambarian stated he hated to see the Kenai Planning ~ Zoning Commission get involved. Nels Kjelstad felt the City Attorney would have to research the ownership of the property before further action can be taken. KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING AUGUST 27, 1975 PAGE 7 Item 4: New Business - continued MOTION Nels Kjelstad Moved that Commission consider a Public Hearing date of September 24th for this mattex and that for the next meeting of September 10th the Commission have a report from City Administration and City Attorney containing pertinent information they have to date. Motion seconded by Harry Gaines. (e) Judy Peterson presented a letter from the Kenai City Garden Club which was read to the audience by Chairman Ron Malston. A copy of the letter for Commission was asked for. (f}~ Phil Aber presented a map on Foreclosure parcels which show parcels now owned by the City. ti1~as asked of the Commission if there is anything they would like to do with the parcels. Chairman Malston asked for wishes of the Commission. MOTTON Cliff Heus moved that the City retain 6 lots behind the Chevron Station to be considered for Fire Department Station. Lot discriptions are as follows: Lot 9, Blk. 13- C. F. Ahlstrom Subdivision Kenai Recording District- Tax Parcell #039-081- 1500) Price- $34.12 Lat 10, Blk. 13- C.F. Ahlstrom Subdivision Kenai Recording District (Tax Parcel # 039- 081-1300) Price - $51.35 Lot 11, Blk. 13- C.F. Ahlstrom Subdivision Kenai Recording District(Tax Parcel #039- 081-1100) Price - $34.21 Lot 26, Blk. 13- C.F. Ahlstrom Subdivision Kenai Recording District (Tax Parcel #039- 081-1200) Price - $250.89 Lot 27, Blk. 13- C. F. Ahlstrom Subdivision Kenai Recording District (Tax Parcel #039- 081-1400) Price - $156.07 Lot 28, Blk. 13- C. F. Ahlstrom Subdivision Kenai Recording District (Tax Parcel #039- 01-1600) $156.07 Price. These 6 lots belong to Penny English who has requested to repurchase) KENAI PLANNING $ ZONING COMMI~ION REGULAR MEETING AUGUST 27, 1975 PAGE 8 Item 4: New Business- continued That other (2) parcels be returned to .private ownership as recommended by Administration. Lot descriptions are as follows: Lot 3, Blk. 5- Org. Twn. Kenai- Kenai Recording district (Tax Parcel #047-071-0500) Price- $283.81 ( Request for repurchase) Lot 126, Sec. 31, T6N, R11W; S.M., Kenai Recording District (Tax Parcel #043-170-0600) Price. $791.74 The Motion was seconded by Nets Kjelstad. Motion passed by Roll Call Vote: Voting Yes: Beverly Fillio Nels Kjelstad Betty Glick Cliff Heus Voting No: Harry Gaines Ron Malston MOTION Cliff Heus moved that the City aquire ownership of lot on Beaver Loop for ~osSible Pire Dept, Sub- station. Lot Description is as follows: Lot 3, Blk. H - Beaver Creek Alaska Sub. Kenai Recording District (Tax Parcel #041-080-0300). Price- $104.92 Beverly Fillio seconded the Motion. Motion .passed unanimously by Roll Call Vote. Phil Aber recommended lots following: Lot 6, Blk. 9, Org. Twn. - Kenai- Kenai Recording District (TAX Parcel #047-081-0600) Price $14.93 Lot 8, Blk. 9- Org. Tw n. Kenai- Kenai Recording District (Tax Paroel #047-081-0800) Price $30.05 Lot 10, Blk. 9, Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-081-1000) Price $13.70 Lot 11, Blk. 9, Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-081 1100) Price $46.18 ~, ' KENAI PLANNTNG ~ ZONING COMMISSION REGULAR MEETING AUGUST 27, 1975 PAGE 9 Item 4: New Business - continued Lots 2, 3, 4 ~ 5, Blk. l0 Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-082-0200) Price $90.12 Lots 1 ~ 2, Blk. 11 Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-083-0100) $63.76 Lot 6, Blk. 12 Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-084-0600) Price $41.48 Lots 1 F, 2 Blk. 13 Exc St. Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047- 085-0300) Price $63.24. Lot 3, Blk. 13- Org. Twn. Kenai- Kenai Recording District (Tax Parcel #047-085-0400) Price $56.39 LOTION Beverly Till_io moved to recommend to the Council that other available lands be considered for future development of parks.. Nels Kjelstad seconded the Motion. Motion passed unanimously. ITEM 5: OLD BUSINESS- WHICH WAS MOVED TO END OF AGENDA (a) Regulations for the reclamation of Gravel Pits: Chairman Malston asked if Commission wished to have a work session to make a final draft to be held next Tuesday September 2, 1975 at 7:00 P. M. at the City Manager's Office. Approved. (b) Monfor/Davis-Car Wash/Camper Park Administration's report: Still pending on decision of City Council on first application for lease by Costas Macheros. ITEM 6: ADJOURN There being no further business the meeting adjourned at 11:15 p.m. Kai leers C1ar Secretary `~yµ ~ \'~ ~ ~. . ?~3<.ivenber 26, 18'75 Atr. +C. ~, ~~:~t. 1?irectcar Piannin~ T~epartm~,nt Kenai Penin~aulR 13c~z~uh Past ()Pfice ?fax X350 ~~vldatna, Als~k~ 98669 ~QS~r ?fix'. Rest: Pl~:a~e find enclosed €~ letter caf re~i~*n~tic-n rerei~e~ fx~x P~~r~. l~everlp F1113c~ d~tecl h~avc~xnbc~r ~tf, 19?5. 1n 1?ex• letter, '?~. F'illic~ reai~na h+~r pa~itian ~~ ~ ~mbpr caf the Ker~i Ptan~in~ ram~i~~ian and the F~arau~h Pl~nnin~ ~a~mz~i~sian. The ~'lty of l~sn,~i reape~tfully re~ue~ta your er~ept~nce e~f ~~~~ . rillfa' ~ resiatic~n. ~~yar 1"'lsQn wrfll sul~rnit ~'~nei'e recomrnend~,tic,n far t~'~rs . Fillfc~'e rePleanent tca '~~~qar tlilman fear hip ecan~iclr~ti~r~ . Think you far your tt~ntirm M this xntter. Very trulp yeaur~, w_ Re~l,a»d '~. I~yran .. C'.lt~r 7::tn~~er f~.17lGs ~p la;nela~upe ~l