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HomeMy WebLinkAbout1996-08-28 p&z packet'i CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo August 28, 1996, 7:00 p.m. 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: August 14, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-57-Landscape Site Plan Review-Tract D-3, Sprucewood Glen No. 7 ~ 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Notice of Borough Planning Commission Action of August 12, 1996 b. Copy of letter sent to surveyors regarding filing deadlines c. Memo from C. Freas regarding vacancy on Commission d. Resignation letter Commissioner Walker e. Leave of absence request letter from Commissioner Booth 13. COMMISSION COMMENTS & QUESTIONS: ~ 14. ADJOURNMENT: ~ CITY OF KENAI PLANNING AND ZONING COMMISSION '~*AGENDA** Council Chambers, 210 Fidalgo August 14, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: July 24, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-53-Preliminary Plat-Oberts Pillars Subdivision -Part 2 b. PZ96-54- Preliminary Plat-Ryan Subdivision-Richmond Replat, Lots 2 & 3 Ryan Subdivision 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Notice of Borough Planning Commission Action of July 22, 1996 b. "Petitions" received in support of purchasing airport buffer property 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION August 14, 1996 ***Minutes*** UNAPPROVED 1. ROLL CALL: Members present: Teresa Werner-Quade, Ron Goecke, John Booth, Kevin Walker, Phil Bryson, Carl Glick Members absent: Others present: Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: GLICK RECOMMENDED APPROVED OF AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE. CHAIRMAN WALKER ASKED IF ANYONE OPPOSED UNANIMOUS CONSENT. NO OPPOSITION NOTED. AGENDA APPROVED. 3. APPROVAL OF MINUTES: July 24, 1996 GOECKE RECOMMENDED APPROVAL OF MINUTES OF JULY 24, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GLICK. CHAIRMAN WALKER ASKED IF ANYONE OPPOSED UNANIMOUS CONSENT. NO OPPOSITION NOTED. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-53-Preliminary Plat-Oberts Pillars Subdivision -Part 2 BOOTH MOVED FOR APPROVAL OF PZ96-53 PRELIMINARY PLAT, OBERTS PILLARS SUBDIVISION, PART 2. MOTION SECONDED BY GLICK. Walker asked if anyone in the audience wished to speak to this item. Scott McLane introduced himself and advised he is surveyor and would answer any questions. No questions asked. No discussion. VOTE: GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES UNANIMOUS. Planning & Zoning Commission Minutes Page 2 July 24, 1996 b. PZ96-54- Preliminary Plat-Ryan Subdivision-Richmond Replat, Lots 2 & 3 Ryan Subdivision GOECKE RECOMMENDED APPROVAL OF PZ96-54 PRELIMINARY PLAT. MOTION SECONDED BY BRYSON. Walker asked anyone in the public wished to speak to this item. No public input. Item brought back to the Commission for discussion. Werner-Quade advised the lot is located where the cabins are at 309 James Street and advised that under analysis the last line says that plat should verify that "No encroachments exist." On the next page it states, "Plat verifies that no encroachments exist." On the next page which shows the preliminary plat, there are no buildings shown on the preliminary plat. On the notes, number 2, it states, "No field survey was performed for this plat." Werner-Quade stated her question is if there was no field survey performed, how can we be assured that no encroachments exist? Werner-Quade stated we could table it adding that she could not vote for it as it is. Werner-Quade added that Integrity Surveys may need to provide an on-site survey to verify no encroachments exist. Goecke stated it seemed to him that in previous meetings when this came up the plat showed that there was no encroachments by those buildings and the only action here is to remove a lot line. Bryson stated he agreed adding that whatever situation exists it is lessened by the action the Commission is being asked to take and for that reason will be voting in favor. VOTE: BRYSON YES GOECKE YES MAHURIN YES WALKER YES MOTION PASSED, 5 TO 1. 6. PUBLIC HEARINGS: WERNER-QUADE NO BOOTH NO GLICK YES 7. NEW BUSINESS: a. PZ96-55-Landscape/Site Plan Approval-Lot 3, Block G, Beaver Creek Alaska Subdivision, 6415 Kenai Spur Highway Planning & Zoning Commission Minutes Page 3 July 24, 1996 MAHURIN MOVED FOR APPROVAL OF PZ96-55. MOTION SECONDED BY BRYSON. Walker asked if anyone in the public wished to speak to this item. Individual in audience (Lowell Choat) stated he was here to answer questions. Chairman Walker asked Mr. Choat to approach the podium. Glick stated it said under comments the plan to leave natural vegetation and to mow the grass down on the front. Glick asked if the lot is pretty much all grass. Choat advised it is mainly sand adding it had been leveled and there is nothing really there. Choat added it has started to grow grass in the back and he has been using it as a lawn and mowing it down. Choat noted that in front of the shop is a right of way but he has been mowing it to keep the place clean. Mahurin asked Choat if he was planning on doing any kind of landscaping onsite once you finish the project. Choat advised that once the project is done, he will do a little bit around the shop but mainly parking area. Chaot added he will probably put a fence in the back area. Choat reiterated there is just a little bit of lot in the front adding he will do something down the road but just wants to keep it clean right now. VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES BRYSON YES WALKER YES UNANIMOUS. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Walker advised that Councilman Smalley is not in this evening and Ms. Werner-Quade would be reporting. Advised it was a long meeting adding she had stayed for the whole meeting and that is probably why Councilman Smalley gave her his notes. Werner- Quade noted the council is meeting at the Senior Center right now to work on obtaining an interim city manager. Item 1 was the removal of the city manager. Meeting started at 7:30 to standing room only. When the meeting was called to order, council went right into executive session. When they came back, nothing had been worked out so at that time public hearing opened and about 12 people spoke. Then, they went back into Planning & Zoning Commission Page 4 Minutes July 24, 1996 ,~ executive session and when they returned, they had agreed to the severance of $65,000 and a letter of recommendation. At that time, it was getting pretty late and a large portion of the audience left. Items 2 and 3 were approved, air conditioners for the airport. The bond for the library passed so that will be a ballot issue. Resolution 96-58, transferring of the funds for the phone message recorder was tabled. Werner-Quade stated she believed that was because some members wanted to look into the costs of buying versus renting further. Item 6 passed 4 to 3. Werner-Quade stated some council members had a concern with that project being $15,000 over what was submitted in the budget. The reason for that was because when bids are received they are usually only good for about 30 days and costs can change. Werner-Quade noted it shouldn't be by 50 percent but it was. Item 7 passed also. Werner-Quade stated that one thing that was decided was that when bids are received they should be in writing and for "X" amount of days. Reports, the Council on Aging will be having a barbecue at the Senior Center to celebrate the 25th anniversary. It will be an open house from 4 to 7 p.m. on September 14th. Werner-Quade noted the meeting ended at 1:15 p.m; however, added that each member did give a report. Werner-Quade noted that Councilman Smalley had not written anything in his notes about the reports and that she couldn't remember anything specific. Under Old Business, the dunes project there are three boardwalks and stairways ending at Forest Drive. Werner-Quade stated that was it for the information in the notes but she would try to answer any questions. b. Borough Planning Bryson reported that he neglected to bring an agenda adding that they had had a meeting last Monday. The Borough hired a borough surveyor. Bryson noted this is a position which had been vacant for some year since Dick Troeger was reappointed to planning director from the surveyor position and was doing both jobs. Max Best is the new surveyor. Bryson noted he had worked with McLanes for a number of years. Bryson stated there was one item of Old Business. They had previously had a public hearing on a conditional use for a halfway house in Nikiski. The planning staff, all of which were unable to attend due to other commitments, were not there and they -, 1 Planning & Zoning Commission Minutes Page 5 July 24, 1996 requested that the Planning Commission postpone any action until the Legal Department has a chance to be very specific about their comments. Bryson noted there were twenty-two plats on the agenda, two of which were from Kenai. c. Administration Kebschull advised she had a comment to share. Kebschull advised she had had a call from Mr. Oberts last week who was concerned about his plat, the plat heard tonight, had been turned into the city passed the deadline for being placed on the agenda. Kebschull informed the Commission that planning items are due no later than noon on Wednesday before the Commission meetings to allow time for staff to review the item and to prepare it for the agenda. Kebschull advised that she had spoke with the borough planning person, Robbie Harris, and was informed that the plats that are heard tonight will not be placed on the borough agenda unless a letter, signed resolution, and minutes are received by noon tomorrow. Kebschull advised that is almost an impossible deadline for her to meet with other responsibilities. Kebschull advised she will be meeting with Harris next Wednesday adding she is not sure if anything can be changed. Kebschull advised she will be faxing the information to the borough from tonight's meeting especially with the delay that the Obert's plat has had. Kebschull advised this is a concern and is not sure what can be done about it adding it basically means there could be a five week time frame for a plat to get from the city to the borough. Kebschull added that the borough requires three weeks for paperwork to be filed to be placed on her agenda. Kebschull stated that Harris thought part of the confusion may be that she has allowed surveyors to file plats with her without the minutes from the cities which they are actually not allowed to do. She then tentatively places them on her agenda and if she doesn't receive the city papers, they are pulled from the agenda. Bryson asked the group to remember that the cities had requested that no items be placed on the borough agenda until the cities had approved them. Bryson noted this is the end result is that time scheduling just rattles down the line. Bryson added they have always had a two to three week presubmittal. Bryson asked that we remember that the borough goes through a much more strenuous check of plats. Mahurin stated she appreciates that the city doesn't want something on their agenda until the city has dealt with it adding that not even the assembly or school board has to have things three weeks in advance. Mahurin stated she felt this was excessive adding she felt someone at city hall could work with someone at the borough to try to work the problem out. Bryson reiterated that the borough staff goes through a much more rigorous review of these plats than the city planning staff. Bryson noted it can consist of up to a page and a half of information. They have to check out existing roads, trails, easements. Bryson noted that at the last meeting they had reviewed 22 plats adding it can take a half hour Planning & Zoning Commission Page 6 Minutes July 24, 1996 1 on each plat which can shoot the better part of a meeting. Bryson stated in the past they had submitted to both the city and the borough and there had not been a problem adding it may be the way the new ordinance is written. Bryson offered to bring up the question. Kebschull noted she will meet with Harris and see what they can work out and hopefully at least come up with information to provide to surveyors so they will know what the expected time schedule. Kebschull added that she believes that surveyors legitimately do not understand the time required. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Notice of Borough Planning Commission Action of July 22, 1996 b. "Petitions" received in support of purchasing airport buffer property 13. COMMISSION COMMENTS & QUESTIONS: Mahurin noted that since the last meeting that Mr. Hall has added some dirt and bushes against the building. Mahurin added that since the excessive amount of company she had this summer, she had opportunity to visit Old Town and thinks it will be really nice. Mahurin commented that Vozars development is coming along nicely and some of the shops are open and encourages everyone to visit there. Walker advised he will be resigning as of tonight and has enjoyed working with everyone. Walker advised business concerns will be taking him out of town. 14. ADJOURNMENT: Meeting adjourned at approximately 7:28 p.m. submitted: Ma~ilyn~ Kebschull Administrative Assistant 7~. STAFF REPORT To: Planning & Zoning Commission Date: August 23, 1996 Prepared By: JL/mk Res: PZ96- 57 GENERAL INFORMATION Applicant: Alaska Industrial Hardware, Inc. Joseph F. Boehm 2192 Viking Drive Anchorage, AK 99501 Requested Action: Legal Description: Existing Zoning: Current Land Use: ANALYSIS Landscape/Site Plan Review Tract D-3, Sprucewood Glen No. 7 CG-General Commercial Vacant City Engineer: Not available for comment. Building Official: No building code issues Parking appears to comply with K.M.C. RECOMMENDATIONS Approval. ATTACHMENTS: 1 . Resolution No. PZ96-57 2. Application 3. Drawings C[TY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION IVD. PZ 96-57 LANDSCAPING/SITE PLAN REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for: Alaska Industrial Hardware, Tract D-3, Sprucewood Glen No. 7 ,and received on August 21 1996. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 28 , 1996. A TE T: Planning Secretary H IRMAN LANDSCAPING/SITE PLAN REVIEW APPLICATION a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings. parking areas. and driveways. d. identification and location of non-living landscaping materials to be used. e. ldent'rfication of on-site snow storage areas. f. Drainage patterns. g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Boehm C;\1,IPDOCS\FORMS\LANOSCAP.APP Please include the following in the Site Plan. If not applicable please put an NA next to the item. ----- __ ~ -~ -~... 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HARDWARE PAVED AREA 53.522 SF PARKING REQUIRED RETAIL CBULKY~ 1/800 SF RETAIL CNON-BULKY 1/300 SF 50 /50 SPLIT FOR 22.000 5F = 51 SPACES OFFICE 1/4005F ~ 1.500 SF = 4 SPACES EMPLYOYEE C10~ a 0.5/EMPLOYEE =5 SPACES COMPANY VEHICLES = 3 SPACES TOTAL REQUIRED = 63 SPACES PROPOSED 78 SPACES WITH TWO VAN ~ \ ACCESSIBLE DISABLED SPAGES NOTES 1. CONTRACTOR SMALL GALL FOR UTILITY LOCATES PRIOR TO COMMENCING WITH CONSTRUCTION. A 20" GA5 PIPELING IS LOCATED WITHIN 7HE RIGHT-OF-WAY OF BRIDGE ACCESS ROAD. ?. WATER AND SEWER CONSTRUCTION SHALL MEET THE REQUIRED SPEGiFiGATIONS OF THE CITY OF KENAI AND THE MUNICIPALITY OF ANCHORAGE. 3. BOTTOM OF EXCAVATION FOR DRAINAGE DITCH SHALL BE TO NATIVE SANDS TO ALLOW ADEQUATE PERCOLATION OF SURFACE RUNOFF. OVER-EXCAVATION MAY BE REQUIRED. 4.-- ALL UNUSABLE MATERIAL SHALL BE MAULED OFF-SITE TO LOCATION DETERMINED BY CONTRACTOR. ~. APPLY 4" TOPSOIL OVER ALL AREAS TO BE SEEDED. ~. SEEDING SHALL MEET THE FOLLOWING APPLICATION RATE KENTUCKY BLUEGRASS CNUGGET~ 0.5 LBS PER MSF RED FESCUE CARGTARED~ O.5 LBS PER MSF FERTILIZER 10-20-20 12 LBS PER MSF 7. ALL PARKING SPACES SHALL BE PAINTED WITH 4" YELLOW STRIPING. 8. AI_L ELEVATIONS SHOWN HEREON REFERENCE FINISH PAVEMENT GRADE. 9. PAVED AREAS SHALL HAVE 2' A.G. PAVEMENT WITH THE EXCEPTION OF THE LOADING DOCK v~~11GH SHALL HAVE 3" A.G. PAVEMENT. 10 . BASIS OF ELEVATION IS TEMPORARY BENCH MARK ON LIGHTPOLE s TERN AVE. ELEV.= 80.54'. 11. REPAIR TERN AVENUE AFTER fNSTALLATiON OF WATER d- SEWER MAINS PER CITY OF KENAI ~ STANDARDS. ~ ~~, AGENDA RENAI CITY COIINCIL - RSGIILAR MEETING AIIGIIST 21, 1996 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Terry Lineberger - Park Project Improvements/Kenai Lions Club. C. PIIBLIC HEARINGS a,~'~ Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. Ordinance No. 1711-96 - Increasing Estimated Revenues and Appropriations by $490,000 in a New Capital Project Fund Entitled, "Kenai ARFF Project." 3. Ordinance No. 1712-96 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Restroom Capital Project Fund for a Restroom at the Kenai Municipal Park on Forest Drive. 4. Resolution No. 96-58 - Transferring $7,500 in the General and Water and Sewer Funds for Lease of a Phone Q System and Purchase of a Phone Message Recorder. a. Remove from table. b. Consideration of substitute resolution. -1- ~~ 5. Resolution No. 96-61 - Making Inter-Departmental Transfers in the General Fund, Boating Facility Fund, Water and Sewer Fund, and Airport Land Fund to Accommodate Changes in the FY97 Budget. 6. Resolution No. 96-62 - Awarding a Contract for the Project Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park Soils Remediation to the Terrell Group for $34,650.00. 7. Resolution No. 96-63 - Awarding a Contract to Doors and Windows Unlimited, Inc. for Removing Existing Doors and Furnishing and Installing New Automatic Doors at the Kenai Municipal Airport for the Total Amount of $25,250.00. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission j 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board E. MINIITES 1. *Regular Meeting of August 7, 1996. 2. *Special Meeting of August 14, 1996. F. CORRESPONDENCE G. OLD BIISINESS 1. Discussion - Leif Hansen Memorial Park Policy Proposal. 2. Approval - Agreement for Dedication of Right-of- Way/Mission Street Paving/Cherrier. H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified ~ 2. Purchase Orders Exceeding $2,500 -2- 3. *Ordinance No. 1713-96 - Increasing Estimated Revenues and Appropriations by $15,386 in the General Fund as a Result of Receiving Two Library Grants. 4. *Ordinance No. 1714-96 - Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund for Contracted Services of an Interim City Manager. 5. *Ordinance No. 1715-96 - Increasing Estimated Revenues and Appropriations by a Net Amount of $21,887 in Three Senior Citizen Funds. 6. Discussion - Schedule Board of Adjustment Hearing - Prime Residential Zone/Michael Christian. 7. Discussion - ADEC Municipal Matching Grants, SFY/98. 8. Approval - Dock Lease Amendments/Snug Harbor Seafoods, Inc. a. Amendment No. 1/Dock Station No. 2. b. Amendment No. 1/Dock Station No. 3. EBECIITIVE BESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. -3- KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA,ALASKA John Hammelman Chairman Areawide Term Expires 1999 Philip grysan Vice Chairman Kenai City 1'em~ Expires 199(3 Ann Whitmore-Painter Parliamentarian Moose Pass Area Tenn Expires 1997 Peggy G. Bascacci PC Member Seldovia City Tenn Expires 1997 1r~ayne Carpenter PC Member Seward City Term Expires 1999 f~ober4 Clutts PC Member Anchor Paint Terra Expires 1999 Wes Coleman PC Member Saldatna City Terra Expires 1999 L.eray Gannaway PC Member Hamer City Term Expires 1993 Ellis Hensley, Jr. PC Member IVikiski Term Expires 1999 Erent Johnsan PC Member Kaallof Area Terns Expires 1997' Tam Knaok PC Member Coaper Landing Term Expires 199f3 A. B. C. AUGUST 26, 1996 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL }~ ~;, z:> EGG 19,,9jj5 Ott Qt•;Rr~i Fu~'3,c'~`~,~s C,~pL APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA HII items on the conse+~t age~~da are considered routine and nencentroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests a. Adell Acres Addition No. 1 KPB File 94-092 [Swan Surveying] Location: Scout Lake Loop b. Silent Hills S/D KPB File 87-105 [Decamp-Brown & Associates] Location: Funny River/Rabbit Run Roads 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 4. KPBPC Resolutions -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1. Port Chatham; Log Transfer Facility; English Bay Corporation; AK 9607-08AA b. Conclusive Consistency Determinations Received from DGC - None c. Administrative Determinations 6. Kenai River Habitat Protection (KPB 21.18) -None Don Oilman, Mayor Lisa Parker Planning Director Maria Sweppy Admin. Assistant 7. Commissioner Excused Absences a. Bob Clutts 8. Minutes a. August 12, 1996 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS Land Use Permit to Operate a Correctional Community Residential Center in North Kenai F. PUBLIC HEARINGS Petition to vacate the entire of Bay Street public right-of--way, cul-de-sac easement, and adjacent utility easements; as dedicated and granted by plat of Greenwood Heights Subdivision (Plat 72-1412 Homer Recording District). Section 21, Township 5 South, Range 12 West, Seward Meridian, Alaska; KPB File 96-133 2. Petition to vacate that portion of a possible right-of-way and possible utility easements. Right-of--way in question is shown to be lying between Slater-Smith Tracts 1 and 2; south of the boundary of Smith-Slater Subdivision No. 2. Utility easements are also shown on tracts outside the subdivision boundary. Being within Section 30, Township 5 North, Range 9 West, Seward Meridian, Alaska; KPB File 96-135 Petition to vacate all of Patrick Court right-of-way except the 125.4 feet adjacent to Tract C, as shown on, and dedicated by the plat of Happy Valley Acres Subdivision, 1974 Addition (Plat 74-48 HRD). Section 18, Township 3 South, Range 14 West, Seward Meridian, Alaska; KPB File 96-134 G. VACATIONS NOT REQUIRING A PUBLIC HEARING Petition to vacate utility easements within Lots 7E, and Lots 8A thru 8H, Old Mill Subdivision Addition No. 4 (Plat 85-16 Seward Recording District); Section 12, Township 1 North, Range 1 West, Seward Meridian, Alaska; KPBPC Resolution 96- 30: KPB File 96-129 H. SPECIAL CONSIDERATIONS P/W McGahan, Richard Sr. & Karen S.; KPBPC Resolution 96-29: Granting a Platting Waiver for certain lands within Section 32, Township 8 North, Range 11 West, Seward Meridian, Kenai Recording District, ' Alaska; KPB File 96-167 2. Appeal of Planning Director's Decision; Prior Existing Use Pursuant to KPB Code 21.13.160 for a Sand, Gravel or Material Site; Paul Roderick 3. Highway Speed Limits; Moose Pass/Cooper Landing; Oilwell Road/Ninilchik CONSIDERATION OF PLATS Oberts Pillars Part Two; Kenai City Revised Preliminary; McLane Consulting Group KPB File 96-084 2. Spruce Forest S/D; Stariski Creek Preliminary; Johnson Land Surveying KPB File 96-150 3. Oskolkoff S/D; Oilwell Road Preliminary; Johnson Land Surveying KPB File 96-162 4. Binkiey Airport Tracts; Soldotna City Preliminary; Integrity Surveys KPB File 96-160 5. Kimbrel S/D Winn Replat Sterling Highway, Tote Road Preliminary; Integrity Surveys KPB File 96-161 6. Seward Park Blair Replat Seward Highway, north of Seward Preliminary; Integrity Surveys KPB File 96-164 7. Glenwood S/D Allenwood Replat Oilwell Road; Preliminary SegesserSurveys KPB File 96-165 KENAI RIVER HABITAT PROTECTION (KPB 21.18) 1. Application for Conditional Use Permit Under Ordinance 96-06; Lot 16B, Alaska State Section Lot Breakdown Amended; River Mile 42.6 Right bank; Relocation of existing cabin within fifty feet of ordinary high water of the Kenai River; Parcel No. 065-190-17; Childress. 2. Application for Conditional Use Permit Under Ordinance 96-06; Lot 48, Poachers Cove; River Mile 17 Right bank; Construction of carport within fifty feet of ordinary high water of Kenai River; Parcel No. 057-489-33; Rais. 3. Application for Conditional Use Permit Under Ordinance 96-06; Lot 57, Poachers Cove; River Mile 17 Right bank; Construction of carport within fifty feet of ordinary high water of Kenai River; Parcel No. 057-489-26; Graser. 4. Application for Conditional Use Permit Under Ordinance 96-06; Lot 56, Poachers Cove; River Mile 17 Right bank; Construction of carport within fifty feet of ordinary high water of Kenai River; Parcel No. 057-489-25; Graser. 5. Application for Conditional Use Permit Under Ordinance 96-06; Lot 176, Poachers Cove; River Mile 17 Right bank; Construction of carport within fifty feet of ordinary high water of Kenai River; Parcel No. 057-487-65; Graser. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. ADJOURNMENT WORK SESSIONS SCHEDULED Work sessions are scheduled to be held August 26, September 9, and September 23 in the Assembly Chambers at the Borough Administration Building. Each work session begins at 5:30 p.m. The topics are proposed modifications to the existing Borough Code to incorporate a reference(s) to wastewater requirements on final plat submissions and other possible modifications to Chapter 20 of the Borough Code of Ordinances. Surveyors, civil engineers, and other interested parties are welcome to attend. The next regularly scheduled Planning Commission meeting is September 9, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED AML August Touchstone 2. Soldotna Planning & Zoning Commission August 7, 1996 Minutes 3. Kachemak Bay Advisory Planning Commission August 22, 1996 Agenda C Z. ~-~ ~~: 41 ~U6 1996 ~A»Ptlurd ~i{I Qf r;=~81 Pu~lEc Y::;~c'S Desk ~.. . . August 13, 1996 Kenai Peninsula Borough Planning Department 144 North Binklev Soldotna, Alaska 99669-7599 (907) 262--1~=t1, extension 260 FAX (907) 262-8618 NOTICE OF PLAi~1NING COMMISSION ACTION MEETING OF AUGUST 12, 1996 RE: Cerepa S/D No. 2 Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent August 13, 1996 to: City o£ City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 9961 1. Advisory Planning Commission: n/a Survey Firm: Johnson Surveying, Box 27, Clam Gulch, Alaska 99568. Subdivider/Petitioner: Alexander & Lona Cerepa, P.O. Box 1, Kenai, Alaska 99611- 0001; Frank & Rowena Wilshusen, 1308 Kiana Lane, Kenai, Alaska 99611-8211. KPB File Number: 96-149 AGENDA ITEM I. CONSIDERATION OF PLATS 15. Cerepa S/D No. 2 KPB FILE 96-149 (Routine Preliminary) STAFF REPORT PC Meeting 08/12/96 Location: Kiana Lane, just east of Candlelight Drive, within the City of Kenai Proposed Use: Residential Zoning: Suburban Residential Sewer/Water: City Supporting Information: This replat of Lots 1 and 2, Cerepa Subdivision, relocates the common lot line and increases the size of Lot 1 (1-A this plat). The Kenai Planning and Zoning Commission granted conditional preliminary approval on July 10, 1996. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: Vicinity Map -reference City of Kenai. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Identify existing easements and label use; or cite record reference. 3. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 4. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 5. Conform to conditions of KPB Planning Commission Resolution 78-6. 6. ADEC signature on plat -compliance with regulations in effect when the plat is finalized. 7. Compliance with Ordinance 90-38 (Substitute) -Ownership. 8. Compliance with Ordinance 90-43 -Easement definition. 9. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Whitmore-Painter moved, seconded by Commissioner Coleman, to grant approval of the routine preliminary plats Item I-2 Gerber S/D, KPB File 96-136; Item I-3 Lake Land S/D Kuehl Addn., KPB File 96- 137; Item I-4 Bay Watch S/D, [Name Change Recommended], KPB File 96-138; Item I-5 Porter S/D No. 3, KPB File 96-139; Item I-6 Shady Grove Estate Addn No. 2, KPB File 96-143; Item I-7 Brockel S/D, KPB File 96-144; Item I-11 Questa Woods Estates No. 2, KPB File 96-141; Item I-15 Cerepa S/D No. 2, KPB File 96-149; Item I-21 Noble Acres Addn No. 1, KPB File 96-154; Item I-22 Misty Haven No. 2, KPB File 96-016, subject to staff recommendations. Commissioner Johnson abstained from discussion and voting on Item I-11 Questa Woods Estates No. 2, KPB File 96-141 and Item I-15 Cerepa S/D No. 2, KPB File 96-149. KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 15 UNAPPROVED MINUTES VOTE: The motion passed by unanimous consent with one abstention. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES ABSENT YES YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK EIGHT YES YES YES YES ABSTAINED ABSENT ONE ABSTAINED TWO ABSENT KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 16 UNAPPROVED MINU i ES 1 ~ ~ Kenai Peninsula Borough Planning Department a~jfi X96 B 144 North Binkley 0 - l?a~l~ed Soldotna, Alaska 99669-7599 ~~yv3ksDet~ (907) 262-4441, extension 260 ~ FAX (907) 262-8b18 August 13, 1996 NOTICE OF PLANNING COMMISSION ACTION MEETING OF AUGUST 12, 1996 RE: Misty Haven No. 2 [Originally submitted Misty Haven Replat Tract A] Revised Preliminary Plat The proposed revised preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval aze stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning. Department. This notice and unapproved minutes of the subject portion of the meeting were sent August 13, 1996 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Clint Hall, P.O. Box 2829, Kenai, Alaska 9961 1. KPB File Number: 96-016 AGENDA ITEM I. CONSIDERATION OF PLATS 22. Misty Haven No. 2 (Revised Routine Preliminary) (Originally submitted Misty Haven Replat Tract A] KPB FILE 96-016 STAFF REPORT PC Meeting 8/12/96 Location: East Aliak Street, within the City of Kenai Proposed Use: Residential/Recreational/Commercial/Agricultural Zoning: Suburban Residential Sewer/Water: City Supporting Information: The original preliminary plat would have created five lots with aright-of-way dedication terminating in a cul-de-sac. Approval, recommended by the Kenai Planning and Zoning Commission on January 10, 1996, was granted by this Commission on February 12, 1996. The revised plat will create two flag lots using a shared driveway. On July 10, 1996 the Kenai Commission recommended approval of the revised plat with no areas of concern. STAFF RECOMMENDATIONS: Grant approval of the revised preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Provide name/address of owner(s). 2. Provide date of this survey. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 3. Boundary of subdivision must be wider line weight. 4. Identify existing easements and label use; or cite record reference. 5. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 6. Note 2 -Remove reference to building setback on plat within city limits. 7. Conform to conditions of KPB Planning Commission Resolution 78-6. 8. ADEC signature on plat -compliance with regulations in effect when the plat is finalized. 9. Compliance with Ordinance 90-38 (Substitute) -Ownership. 10. Compliance with Ordinance 93-59 - Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Whitmore-Painter moved, seconded by Commissioner Coleman, to grant approval of the routine preliminary plats Item I-2 Gerber S/D, KPB File 96-136; Item I-3 Lake Land S/D Kuehl Addn., KPB File 96- 137; Item I-4 Bay Watch S/D, [Name Change Recommended], KPB Fife 96-138; Item I-5 Porter S/D No. 3, KPB File 96-139; Item I-6 Shady Grove Estate Addn No. 2, KPB File 96-143; Item I-7 Brockel S/D, KPB Fife 96-144; Item I-11 Questa Woods Estates No. 2, KPB File 96-141; Item I-15 Cerepa S/D No. 2, KPB File 96-149; Item I-21 Noble Acres Addn No. 1, KPB File 96-154; Item I-22 Misty Haven No. 2, KPB Fife 96-016, subject to staff recommendations. Commissioner Johnson abstained from discussion and voting on Item I-11 Questa Woods Estates No. 2, KPB File 96-141 and Item I-15 Cerepa S/D No. 2, KPB File 96-149. KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 16 VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES ABSENT YES YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES YES YES ABSENT TWO ABSENT KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 17 UNAPPROVED MINUTES August 14, 1996 pus ~sss Receiv®d Pu ~K'or~ks~DeO~ Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262--1-141, extension 260 FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF AUGUST 12, 1996 RE: Buxton S/D Castillo Replat Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please fee{ free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent August 14, 1996 to: City. of: Ciry of Kenai, 21u Fidaigo Street, Suite 2u0, Kenai, Alaska 99b11. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Maxx May, P.O. Box 1488, Soldotna, Alaska 99669. KPB File Number: 96-127 AGENDA ITEM I. CONSIDERATION OF PLATS 23. Buxton S/D Castillo Replat (Preliminary) KPB FILE 96-127 Staff report as read by Teresa Walker. PC Meeting 8/12/96 Location: Harding Street and Third Avenue, within the City of Kenai Proposed Use: Residential/Recreational/Commercial/Agricultural Zoning: Suburban Residential Sewer/Water: City Supporting Information: This is a replat of Lots 4 through 6, Buxton Subdivision, into two lots. The replat will also vacate a portion of a half right-of-way, dedicate half a cul-de-sac, and grant a water and sewer line easement. The vacation hearing will be scheduled upon receipt of a complete vacation petition application. The City of Kenai Planning and Zoning Commission reviewed the proposed replat on June 12, 1996. The Kenai Commission requested a 20-foot utility easement in place of the right-of-way if the right-of-way is vacated. A note on the plat, adjacent to the proposed vacation area, states " 20' Water & Sewer Easement retained." Staff recommends retained be changed to granted by this plat. Staff recommendation of approval of the plat is not to be considered a recommendation of approval of the proposed vacation. Recommendation of plat approval is subject to final approval of the proposed vacation. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: Final approval of requested vacation. REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 2. Correct or add to the legal description/location/area. Include reference to Block 1 within the Title Block. 3. Provide name/address of owner(s). 4. Provide date of this survey. ADDITIONAL REQUIRE~AENTS FOR P,DMINISTRATIVE ,4PPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 5. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 6_ Conform to conditions of KPB Planning Commission Resolution 78-6.. 7. ADEC signature on plat -compliance with regulations in effect when the plat is finalized. 8. Compliance with Ordinance 90-38 (Substitute) -Ownership. 9. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes-will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Clutts, to grant approval of the preliminary plat subject to staff recommendations. Chairman Hammelman recognized Cliff Baker, surveyor. Referring to the proposed vacation, Mr. Baker advised that he had been unable to contact the adjacent property owner, who has been gone all summer. Mr. Baker KPB PLANNING COMMISSION AUGUST 12. 1996 MEETING PAGE 31 UNAPPROVED MINUTES requested the subdivision be approved without the vacation. The lot line can be eliminated later. i Chairman Hammelman asked Mr. Best for comments. He concurred with Mr. Baker. Mr. Best added that a different process would have to be followed to accomplish the vacation. Vice Chairman Bryson advised Mr. Best that he could recommend staff recommendations be amended by deleting a certain portion. Commissioner Carpenter thought staffs recommendation to change the plat note [Staff recommends retained be changed to granted by this plat] was appropriate. STAFF RECOMMENDATIONS AMENDED Commissioner Coleman asked Mr. Best if he wished to amend staffs recommendations by deleting the sentence Recommendation of plat approval is subject to final approval of the proposed vacation. Mr. Best replied yes. Chairman Hammelman asked if Commissioners Hensley and Clutts agreed. No objection was heard. VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES ABSENT YES YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES YES YES ABSENT TWO ABSENT KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 32 UNAPPROVED MINUTES ~~ CITY OF KEN~I ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~~ ll~~~l i99x August 21, 1996 «Company» «Business Address» «Business_City», «Business_State» «Business_ZipCode» Dear «Company»: There has been confusion with the filing time requirements for a plat to be approved by the City of Kenai's Planning and Zoning Commission. Plats must be received no later than noon on the Wednesday before the Planning & Zoning Commission meeting to be placed on that meeting's agenda. The Planning and Zoning Commission meets the second and fourth Wednesday of every month. This would mean that plats must be filed with the Planning Department by noon of the first and third Wednesday of the month, respectively. If you miss a deadline, your plat will not be placed on the agenda which will delay your plat being heard by the Commission. This delay will effect your plat being approved by the Borough Planning Commission. The Borough Planning Department requires that they receive copies of the City's signed resolution as well as the meeting minutes that pertain to the plat. The Borough Planning Department will not place a plat on their agenda unless the city's Planning Commissions have had an opportunity to review plats and they receive this information from the City. I am attaching a copy of the City of Kenai's Planning Commission's meeting schedule which shows cut off dates for the meetings. If you have questions about this schedule, please contact me at 283-7933. Sincerely, Marilyn Kebschull Administrative Assistant Attachment cc: Robbie Harris, Platting Officer, Kenai Peninsula Borough CITY OF-KENAI ~~ ~-- -- G~ °~ >Q~~~ -- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~~ ill~~r ,992 MEMORANDUM TO: Commission, Committee & Board Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: August 15, 1996 RE: NOTIFICATION OF POSITION Planning & Zoning Commission As requested by Council, I am notifying you that a position has become available on the City of Kenai Planning & Zoning Commission. If you are interested in being considered to move from your present position to the Planning & Zoning Commission, please notify the Mayor and Councilmembers in writing. Please submit your notification through this office by September 6, 1996. Thank you. clf 1 Kevin M. Walker 311 McKinley St. Kenai, AK 99611 August 14, 1996 CITY OF KENAI 210 Fidago Kenai, AK 99611 ATTN: Mayor John Williams Dear Mayor Williams and Members of Council: RECEIVED AIIG 15 1596 KENAI CITY CLE?K It is with deep regret that at this time I must resign as a Planning and Zoning Commissioner. Truly I have enjoyed serving the community and appreciate the opportunity you have afforded me. Sincerely, ~Z~ Kevin M. Walker i~ ~~ P.O. Box 1176 Kenai, AK 9961 1-1 1 76 August 16, 1996 Mayor John Williams City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams: RECEIVED ~ (6 q96 KENAI CITY CLERK 1 respectfully request permission to take a leave of absence from Planning and Zoning in order to attend a career advancing course offered at the Kenai Peninsula College. The course is only offered on Wednesday nights and is, as I understand, required prior to taking the State of Alaska Professional Engineering examination. The course is scheduled to run until the end of the fall semester, December 15. Respectfully submitted, ~~ John L. Booth p m .~ a d a ~ ~ ~ ~ a rc o N ~ ~ ~ v n ~ s a 0 m D a a a K a a a o a a a i ~ ~ a N ~ a ~ ~ R ~ c 7 V D a ~ a a a ~ o a i ~ a a ~ ~ H ~ a ~ ~ O R C 7 R m e ,' ~ v o oo a ~ aaa ~ ~ v ~ as ec ~ z a to n m a ~ n ~ 0 m x m a a x a ~ a N 14 D U ~ Z U a ° n c a ~ ~ c p 00 W a ~ z z a oa a N a ~ ~ a ~ ~ m ~ ~ Memorandum Date: 08/23/96 To: Planning & Zoning Commissioners From: Marilyn Kebschull, Administrative Assistant RE: MICHAEL CHRISTIAN-APPOINTMENT TO COMMISSION City Council appointed Michael Christian to fill the seat vacated by Kevin Walker. A new roster will be provided when Ms. Freas returns from vacation. rr' TO: City of Kenai, Planning and Zoning Commission ~! c\o Marilyn ~.~'3- so/Y '~` FROM: John Duffy, Director of Planning, Matanuska-Susitna Borough Lditor of AK Chapter, American Planning Association Newsletter SUBJECT; Planning Commissioner's Corner DATE: August 26, ] 996 >.~ As we discussed, the Chapter's newsletter has a column dedicated to the viewpoints and ideas that our state's Planning Commissioners have about planning. This column is a recent addition to the newsletter, being created only three issues ago. Jn this short time, the column has become very popular with the Chapter's members. In the first Planning Commissioner's Corner column Mae Ticker of the Mal-Su Borough discussed the need for better highway signage wlule Dwight Hales of the City and Borough of Haines wrote about planning in a third class borough in a latter newsletter. Another goal of the column is to obtain a better understanding of both the planning issues that are being addressed in the various communities of Alaska and the techniques that Alaskan planners are using. I am quite sure that Alaskan planners would be very interested in the planning activities in the City of Kenai and 1 wish to extend the invitation to one of your commissioners to write an article for the upcoming Chapter newsletter. The newsleter is mailed to over 200 individuals, both within Alaska and in the Lower 48. The deadline for articles appearing in the next newsletter is September 13, 1996. The length of the article is generally about 2 - 3 typewritten pages. I have mailed copies of our most recent newsletter columns to you for your information. Should one of your Commissioners volunteer, I would be happy to discuss the article's format, topics, etc., further. Once again, we would be pleased to dedicate the next Planning Commissioner's Cornea- to a City of Kenai Planning Commissioner. Please let me know at your earliest convenience of your decision. Thank you. John Duffy Director of Planning Matanuska-Susitna Borough 350 E. Dahlia Palmer, AK 99645 907-745-9850 (phone) 90?-745-987G (fax) ~y m `~ .... :.~ ~`J . n. `:fit management of change in the United States. Leadln8 authorities from a number of professions have contributed working papers to fuel the discussion and inform the debate of the advisory committee that serves the project. These papers represent some of the finest and most advanced thinking on legislative ,reform, Some of the topics addressed in rho papers include regional tax-base sharing; the t»le of rho governor in stets land-use reform; state and regional roles in transportation and land use; judicial review of land-use decisions; sustainable development; interstate compacts and affordable housing; state and regional fair-share housing planning; developments of regional impact; areas of critical state concettr; and accommodating home rule in state land-use reform. To order any of the PAS reports, please contact the APA a< 122 South Michigan Ave., Suite 1G00, Chicago, IL 60603• 6107; Fax 312.431.9985;. Phone 312.431.9100; Internet pasQplanning erg. Planning C ~missit~ner's Corner by: Bill Tracey, Sr., North Slope Borough Planning Commissioner Living, working, and raising a family in a small remote village In the far north is quite a project, and even the small daily accomplishments are quite rewarding and well- deserved. Due to the many hard4hips and obstacles people ~ftea encounter with the daily routine of village l1fe, most people have little time to do much else. Point Lay, twenty. wo years ago when 1 first moved ip, consisted of 4S people, 10 new incomplete homos~ an empty store, and a ~.S kW generator which provided a single light per home ~or half a day. Few paying jobs really to speak of except a eacher from the outside who taught in a single classroom n an aging landmark school building located two miles sway down a river and across a lagoon. lust getting the .hildren to school and back was a iirll-time cooperative :ffort. This was and still is a hunting village; residents of 'pint Lay are very proud of what and who they are and do II which has m be done to promote their survival. 'o me it seemed that time itself had left this part of the +orld to stand still; values, traditions, and culture were still liv ~ being practiced as the way of life. But on the or. was change. The discovery of more oil and its reduction was about to take place. Native Corporations ;~;;`> .~.It'~. `'~s :. lea`: "Ee . l~~` n.::..........t.~.r.:: ..: ... ...: .... ... s..:: .., ::::s....e :.e.,. ;..: .... ~. .... ~: :5'•~::e• ......~... .....t .:'j. ~`.:':'.: were being formed throughout the villages. The North Slope Borough (N5B) was in its infancy. Now being a landlord took on new meanings, Building a tax have to support the Borough meant a lot of hard work by a lot of people that may or may not have fully realized its effects. This was a mighty challenge at best for the residents of the North Slope, Logistical accomplishments played a key factor because of the sin and remoteness of this area. lack of communication, and expense of the Ihnited transportation. It is with much respect that 1 hold for the elders, leaders and all the players of this movement for their wisdom and insight to create and maintain such a balance between the clashing culttu~es during those changing times drat basically took place overnight. [sabre you for your coinage and self-sacrifice itt dealing with the inevitable. I lr7co to think that 1 have been doing my part in helping the people of the North Slope fulfill their goal, the fight to exist in harmony with the many cultures literally at their door steps. 1 thick the NSB Planning Depatt<nent, along with the planning Commission share a unique opportunity to carry out this vision expressed by the people of the North Slope. The Planning Commission members consist of a representative f}oat each wmmunity in the North Slope Borough, Assigned with the task ~ of ~dealmg with growth and development of the lands and communities of the thr north, we make decisions on topics so diverse and do business with companies on the state, national, and international levels. Lt's both a pleasure and a privilege to serve the people 1n this capacity. Tt gives me a sense of worth to help preserve and sharo the past and make way for the future in a manner that I'm sure our elders would approve. The Alaska Chapter & The Western Planner by: Wells Williams, Sitka Ilre Alaska Chapter of APA and Western Planning Resources have a long and distinguished partnership. The board of the Alaska Chapter discussed this partnership in April and encouraged closer ties between the two xganizations. ?his renewed emphasis allows us to revisit he opponunitles for Alaska planners in the organization. .:....: . .:.. .. .., ..w.::<.... .............. .., r. r..:::~r:.,x~•~;::'>:...:.: ... <.' ~•;a~?ire: "Gaf .<.,. I .~: 6 Ala ska C c nP h 1 a Iannl a ter or Am h to .e i'.'.~i':''•fe .9.1~t, U.. <:~rc:. 1i ~OCi1a P .... : > 4^.~' . ...... .. 'S'......... .s es Steve Colligan, C3eoNonh, gave a great lunchtime presentation on the usefulness of Geographic Information Systems (GIS) for planners and planing officials. Everyone was impressed with the power of the data and of course wanted to use it in their cwrtrrturtity right now! This year the Chspter reused the a8eraoon format and focused on an interactive. approach We ailed it "You be the Judge '. ARer breaking into groups of S - ~. we prrsentod a case study for the commisaiorrets to exeanitte and develop a solution. They worked oat a srri~s of rotting. pleuing end procedural examples. Jon Isaacs. Isli¢i Bttrket and I facilitated discussion with the assitsartoe ofLee when it came. to legal interpretations. This format aeetned to go over very well_ Participants had. a chance to taoet. commissioners from around the state, share eomman ` 5vstsa~ions. end learn new problem-solving techniques. At the close of the seminar we asked perticipaats about whether wo should do this again and tba ovetwhelrnirtg response was "yes"! Suggestions also inoltided developing amore advanced training sentiaar for caroming commissioners. Class Borough. In fact. as a drrect consequence of the survey rnd efforts on the part of some of those involved in ilte work of the Ad-hoc Planning Committee to place before the Assembly a measure w begin work on writing e Nonto-rule charter; the ctttrrut Borough Mayor was elected by write-in after a htro week oamptugn, on a platfotra . consisting of a single plank: Not to alter the form of the Haines Borough govetYUnent ~rrom that of Third Class. Clearly. planning in the Haines Borough if it is to take place at all, wit! have to be structttrod within lira statutory limitation9 of the Third Class Borough, natrtely, that all platting, pltmoing and wnutg power mast be etcercised within service areas (AS 29.35.220).. Political realitie9 preclude alternatives. For planrras interested is challenging problems, this is not necessarily a bed thing. The question before the members of the Haines Borough Phoning Commission having rooor-tly boar directed by the .Borough Assembly to cattinuetho disctusion initiated by the Ad-hoo Planning Committee is this: How can we build a structure which both allows for ereawide planning where areawide concerns aro present, yet preserve the unique strengths of plaruring by'ervica eras? Thanks again to all that participated and to the support of the Department of Community and Regional Affaus. Son .you all again next year!. Planning .. Commissioner's Corner by: Dwight Hales, Planning Commissioner Haines Borough Arcawide Plann[ng in A Third Class Borough? The Sackgr+oued Thc Haines Borough owes its unique position as the only existing Third Class Borough in Alaska to the resistance on the part of .area residents to altanstive forms of Borough government. It is probably not too much of en over simplification to suggest that a deep suspicion of centralized planning (no matter who. is doing iq lies atthe root of such resistance. This conclusion is suppoRed by a recent swvey conducted by an Adhoc Planning Committce commissioned by the Borough Assembly to examine fire question of area-wide plertning. Results from the stwey show that although 73% ofBorough residents stated that they believed long range planning "beneRts the comrnunitg„' less than one-third expressed a desire w change the form of government from rho existing Third- Forttmately, and theuka w the work of the Adhoc Planning Caammittea we Nava a m~p.~ The map rcpttasostts a cerduUy worked out division. of the Haines Borough into ftve or six neatly distinct geographical, economic and soeiologioal regions.. 3ignificent portions of two of these regions .are reflected in already established service areas, the Ltttak Land 17st= Service Area (CUBA) and the Mud-Bay LUSA The borders of these regions areideallysuited to bathe borders of futw+o Regional Land Use Service Areas. Almost no one who has attended workshops has objected to it, or perceived it as a threat. A retiaatal regional pre- plan for the forniation of service areas does not appear to be tAtttrovessial Sut how can such apre-plan be created sad enforced by the Borough, when (by statute) all plaruting activity must take place within the context of sen+ioe ttreasT The obvious ~ answer is: In the context of a Comprehensive Area-wide Servlee Area (CASA) modeled on existing area-wide service areas for Medical and Disaster Planning. However this option is not possible as an areawide service area with broad planning powers was one o[ the alternatives that was soundly rejected in the Ad-hoc Planning Cotamittce survey. It is therefore politically unacceptable. Also this option ~ merely circumvents rho statutory testrictions on plaruting within a Third Class Borough by creating a broadly empowered CASA A broadly empowered CASA shares with othu centralized planning models the same Aaw: if adopted, unique. opportunity would ba lost W ettoowage .,:;.•.;,>:. : .. ::SY:S>:Y;:`r'f•~'~`• .:::;SY s35'}„h,+, 4, .:.. a.'; piv.: <: 0.<.I:•Se < .. ~.~;., «.+% ieitir'.•F:<.. +ra >i'i:ei;.•r.:::~.::r. ,..y:: 3>`ai+:.: (;' `• Alost~a:':¢IiiaiR~~t~.:~is~l>! PIa•nnin~ Assotf~tion w :: iaroera <r.a xs+easro>a5•r~axaaaax a/a.>: +:: P: a r:`n N fi ""3 .+• a+ .•ruin residents of the various regions of the Borough to address regional concana, and pcesatvC regional lifestyles, as ~y plan for themselves is theirown areas. The Proposol A tentative solution w the dilecrtmt between the nand for ereawide planning and Qte real benefits of regional planning, (the, fact that rhs following Is dentatlvoe i»usr bs emphaslted) begins by proposing rho estsblishtneet of two distinct categories or'types' of service areas: the restr/cted and. the unroarrictcd. Restricted service ttroas would not possess general powers of ptattirtg, planning and zoning, but would be empowered to act in specific situations. and. in specific ways as cac+e6tlly delineated by the ordinance establishing there. UnrestriUed aetvice areas would be empowered [o undertake all •aspeets of platting, planning and zoning gractted by statute. A Comprsheruie+e Arta-w/de Servles Area (CASH) would bo a restricted ssrv/ce area and its authoriry would dative fratn an ordinance drawing the boundary of the CASA to encompass the entire Borough. (excluding lice Ciry of Haines) establishing the Borough Placating Commission as the governing board of the CASH, and desigc acing is the clearing-house for the formation of Regional Land Una Seeviee Areas (RLSUAs). The scope for areawide platting,. planning and caning would be limited to general policy as realized in the development and revision of the Borough wide Comprehensive Land Use Plan, with the following. exceptions: 1) arbitration in cases of dispute between RLUSAs. 2) hearing appeals from residents of RLUSAs, end 3) plumng, planning acid zoteing with respect to apxific issues placed before the Planning Cotnmission by the Assembly and determined. to be in the best interest- of We Borough as a wholes Reg/onc! Lond Use Service Aetos (RLUSAS) would be an unrestricted service area and their elective or appointed boards would be broadly empowered to conduce all aspects of platting, planning and zoning, within rho Context of the Comprehensive Land Use Plan. Ordinances establishing RLUSAs would require each RLUSA board to dovolop a Regional. Comprehensive Land Use Plan consistent with. the Borough wide comprehensive plan, and would specifically designate the Borough Planning Commission as the Board of Appea! end Arbitration. Aawn-tiered swcture. such es that briefly outlined above,. has the potential to answer the need for both sreawide long range plarueireg in the Bailees Borough, and the need for local residents who are most affected by planning decisions to be involved in the planning process. The Pluming Commission is not rushing forward with the concept, `;'i} :r Matrti .t 996: • however: Extensive groundwork needs to be !eyed ttirst, in the form of visiting the various regions of the borough, and .meeting with local residents "at have", so to speak, in order to hear their cacoetrts and to provide iaformal`fa- about what ~ Commission is discussing. Too many e$orts to inUoduoe areawide pfenning to the Haines Bonqugh have neglected this etucial step. All have ended in failure end have served to discredit both regional and areawide pluming; We, the members of the Haines,. Borough Planning Commission understated the need w tread lightlg if we are to see our work bear: fivit. "In Accordance With A Comprehensive Plan" by: Micbeel Gatti, John Duffy 8t Lee Sharp, Iatrod~dloo The zoning enabling acts of most stales contain a provision to the effect that zoning or land dose regulations be enacted "in accordance with a comprohensive plan." Alaska is no exception. [fn. See. AS 29.40;040(a). In accordanoc with a comprehensive plan adopied tutelar AS 29.40.030. and in order to implement the plan. rho (governing body of the municipality] b~ ordinance. shall adopt or amend provisions governing tiea uae end occupancy of land ....) A ntunber of questions have been litigated in other states end much has beat written about the meaning. end effect of this. phrase.. These include such questions as whose comprehensive plate; how is the plan adopted: which bodies must approve the i,lan, what minimum elements, if any, must br included in~the plan; must the plan be in map or narrotive form, or t3otie; metal the plan be a rationally assembled single document labeled "The. Plan", or may it oonaist of a series of documents adopted separately ova a period of years and not even filed together aaywhero in the planning department; whet degree ofspecificiry or generalization is roquirod or pertnittod in the plan; does a land owner. acquire any rights to a land use or a zone change under a comprehensive plan; is a valid comprehensive plan tt mandatory prerequisite to land use roguleiion or is it~~ merely a desirable, highly recommended, but not a roquired step in rite land use regulation process. The Alaska Supremo Court addreeeed and ccoawered some o[these questfoes m I~zy_ I,~QUn n Lend Club y,r[stanuska-Susifna $oroup~,ll . In 1970, the Mat-Su Borough adopted a comprehensive plan. The plan was adopted by the borough assembly by resolution, although the applicable Isw required the